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HomeMy WebLinkAbout1.0 ApplicationClean Energy COLLECTIVE® PROJECT: SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN APPLICANT: GCASA II, LLC 7-24-LUCP MAJOR IMPACT APPLICATION FINAL REVISION -7/23/14 Clean Energy COLLEC IvL SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN 7-24-LUCP-MAJOR IMPACT APPLICATION 1. RE -SUBMISSION LETTER/LUCP APPLICATION/STATEMENT(s) OF AUTHORITY 2. DEED OF TRUST 3. PROOF OF MINERAL RIGHTS OWNERSHIP 4. OWNERSHIP OF DRIVEWAY/ROAD AND BRIDGE LETTER 5. EVIDENCE OF OWNERSHIP -LEASE DOCUMENTATION 6. TITLE COMMITMENT 7. PROJECT NARRATIVE 8. COMPLIANCE WITH ARTICLE 7: STANDARDS 9. VICINITY MAP 10.CSG-SITE PLAN OVERVIEW PV 1.0 11.CSG-SITE PLAN -PV 1.1 12. COUNTOUR MAP -TOPOGRAPHIC INFORMATION- PV 1.3 13. ELEVATIONS -PV 3.1 14. EQUIPMENT PAD ELEVATIONS -PV 3.2 15. LAND DISTURBANCE LETTER/GRADING & DRAINAGE PLAN 16. WEED MANAGEMENT AND REVEGETATION PLAN 17. WILDLIFE IMPACT STATEMENT FROM DEPT. OF WILDLIFE 18. EXAMPLE OF PROJECT FENCING 19. COUNTY HAZARD MAPS 20. PROJECT PHOTO SIMULATIONS 21. CONSTRUCTION SCHEDULE 22. TRAFFIC ANALYSIS STUDY NW 01 mmov The Clean Energy Collective is a new idea in power generation- A member -owned cooperative venture that builds and operates centralized dean power -generation facilities at the community level. go ahead. power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com July 10, 2014 Mr. David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: E-mail of June 11, 2014 — Submittal Items for James MIPA-7900 Dear Mr. Pesnichak, Clean Energy COLLECTIVE® Chad and I received the above -referenced e-mail regarding the submittal items for the James MIPA-7900 case. Since receiving your e-mail, we have been collecting the information and documents requested to provide a complete application. The following information is provided, in response to your comments: • The Statement of Authorization has been completed and is recorded with the Garfield County Clerk and Recorder. Please see the enclosed copy of the recorded document. The Weed Management and Reclamation Plans are nearing completion and will be provided as soon as it is available. A photo simulation has now been included that shows that the proposed community solar garden will have very minimal visibility from surrounding properties or public roadways. The photos for the simulation were taken from Catherine Stone Road, which will be the road where the panels will be minimally visible. The reference height for the panels was placed at 12 feet when the photographs were taken. Regarding the Landscape Plan, the location and existing vegetation on site helps provide very good visual screening, as shown by the photo simulations. The proposed arrays are visible for brief periods from Catherine Stone Road. Should the staff determine that additional landscaping is necessary, the best use of landscaping for screening would be native evergreen trees placed in random distribution, between the arrays and viewpoints from Catherine Stone Road. The following portions of Section 7-303 Landscape Standards, from the Garfield County Land Use and Development Code, are applicable to the proposed solar arrays: Clean Energy COLLECTIVE„, A. General Standards. I. All portions of the site where existing vegetation cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re -vegetated with a mix of native, adaptive, and drought -tolerant grasses, ground covers, trees and shrubs. The density of the re-established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. Response: Any grasses or vegetation damaged during the construction phase will be re -vegetated with a grass seed mix recommended by Steve Anthony, Garfield County Vegetation Manager. There are no significant trees located in the proposed array area. Any significant trees around the perimeter of the arrays that are damaged during the construction phase will be replaced with native, drought - resistant trees. D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways, or similar natural areas, plant materials should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought -resistant varieties of plant materials shall be utilized. Xeriscaping design principals and the use of native plant species shall be used when appropriate. Response: All grass seed mix used on the site will be native grasses found on the site and those recommended by Steve Anthony, Garfield County Vegetation Manager. Any trees that are required to be planted will be species found on the site, native, and drought -resistant species. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. Response: All healthy trees and native vegetation will be preserved when possible. Any trees and grasses damaged during the construction phase will be replaced with similar native species. There are no significant rock outcroppings on the proposed solar site. F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and 2 Clean Energy COLLECTIVE, shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at the time of planting. Vines shall be in a minimum 1 gallon container. Response: Any trees installed as a result of this proposed development will comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26 and the standards found in the Garfield County Land Use and Development Code, Section 7-303, Landscape Standards. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi-opaque wall of plant material between the property and the adjoining area to be screened. Response: Any trees installed will emulate the surrounding natural environment. Specific placement of trees will be coordinated with the Planning staff to help ensure maximum screening potential. • Regarding soil characteristics, I met with Chris Mueller, GIS Specialist/Coordinator with the USDA -Natural Resources Conservation Service at the Denver Federal Center. The vast majority of the site is classified as "Almy loam, 1 to 12 percent slopes" (please see the attached soils map and soils descriptions). "Almy loam is "well drained" and has a low "shrink -swell potential". There is a second soil classification, "Fluvaquents, 0 to 10 percent slopes", on the extreme southern portion of the site. This type of soil is typically found in floodplain valley floors. The "shrink -swell potential" is rated as low. The racking for the panels will be supported by pile -driven metal posts. These support structures will be engineered for the soil conditions. The geology and hazard maps from the GIS Department are included with this submittal. The "Slope Hazard Study Areas 1, 2, & 3" indicates that the subject property has a "Major Slope Hazard" zone in the southeast portion of the subject lease parcel. There is also a finger of "Moderate Slope Hazard" which runs east/west through the subject lease parcel. The solar facility will be supported by piles driven 3 Clean Energy COLLECTIVE into the ground, which can be adjusted in depth to accommodate any slope conditions. No grading will be required to install the solar arrays. Since the first submittal, I contacted Colorado Parks and Wildlife for site specific information regarding wildlife. Perry Will, the Area Wildlife Manager, reviewed the proposed project and concluded that, "given the relatively small scale of the project and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife". Mr. Will did express concerns regarding the perimeter fencing and the potential for elk and deer to become entangled in the barbed-wire strands. As a result, we have modified the fence design to be more wildlife (please see the enclosed fence photo). The new fence will be 6 feet tall and will consist of wooden post and 6 inch wire -mesh grid. I contacted Steve Anthony, Garfield County Vegetation Manager and obtained recommended seed mixes for re -vegetation of the site for any grasses damaged during the construction phase (please see the enclosed recommended seed mixtures). The hours of construction will be from 7:30 AM to 6:00 PM. The construction period will take between 6 to 8 weeks. Please see the enclosed Traffic Impact Report prepared by Enertia Consulting Group, LLC. I spoke Mike Prehm, Garfield County Road & Bridge Foreman, regarding the access to the site and whether or not the access had a permit. According to Mr. Prehm, the existing drive was exempt from having a driveway permit because it is existing and it meets Garfield County Road & Bridge standards. With the limited traffic associated with the proposed solar facility, Mr. Prehm was comfortable with the long-term traffic impact on County Road 100. Please see the enclosed e-mail and a letter from Mr. Prehm, both dated June 19th. • Enertia Consulting Group, LLC has prepared a traffic report which describes the associated traffic during construction and after the construction is completed. Please see the enclosed "Traffic Impact Letter Report". During construction, water will be provided by the individual crew members. Water will also be supplied by the general contractor. During the construction phase, a port -a -let will be on-site for sanitary facilities. After construction, the facility is unmanned and no sanitary facilities are necessary. The correct zoning is duly noted as "Rural". 4 Clean Energy COLLECTIVE, Section 7-105 has been modified to address the water availability for the construction crew. • Sections 7-108 and 7-207 now reference the Garfield County Hazard Maps. Section 7-204 now references the grass seed mix recommended by Steve Anthony, Garfield County Vegetation Manager (please see the enclosed seed mixes provided by Mr. Anthony). Section 7-206 now addresses the "very high" wildland fire susceptibility ranking found on Map 7. • It is understood that at this time, only waivers for Sections 4-203 (J) Development Agreement and 4-203 (k) Improvements Agreement are appropriate. Section 7-208 has now been modified to indicate coordination with Steve Anthony, Garfield County Vegetation Manager, to ensure re -vegetation occurs after the construction phase. Responses to Comments from the County Attorney: Provide a deed — A deed has now been provided (please see the Deed of Trust recorded at Reception No. 815739). SOA for GCASA II, LLC needs to be recorded —The Statement of Authorization has been recorded and is provided with this submittal. • Access road crosses other properties other than 2391-303-00-037 (properties ending in -035 and -036) — The properties ending in 035 and 036 are also owned by Richard Nelson James and Mary F. James (please see parcel research from the Garfield County Assessor's Office). • Mineral Interest — The mineral interests have remained with the property and are currently held by Richard Nelson James and Mary F. James, whose address is P.O. Box 102, Alma, CO 80402. CEC did extensive research in the Clerk & Recorder's Office. The mineral records found on the property are as follows: A Mineral Certification dated March, 1889 (Reception No. 74900); Sale of Public Lands dated June, 1895 (Reception No. 18504); Mineral Certificate dated March, 1899 (Reception No. 112609); Sale of Public Lands dated April, 1904 (Reception No. 29353). Please see copies of all the referenced documents included with this submittal. 5 Clean Energy COLLECTIVE® Complete copy of the Title Commitment — Please see a complete copy of the title commitment prepared by Title Company of the Rockies, included with this submittal. Hopefully, we have now provided the necessary documentation for a technically complete submittal. Please let me know if you require any additional items or if we need to provide more information regarding the proposed solar facility. Best regards, Richard L. Miller, AICP Land Manager Clean Energy Collective enclosures 6 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com LAND USE CHANGE PERMIT it APPLICATION FORM • Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR ■ MIR ❑ SUP • Rezoning • Zone District ❑ PUD ■ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW ■ Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment • Major ❑ Minor • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) Owner/Applicant Name: GCASA II, LLC Phone: ( 720 ) 341-6050 Mailing Address: 401 Tree Farm Dr City: Carbondale State: CO zip code: 81623 E-mail: richard.miller@easycleanenergy.com Representative (Authorization Required) Name: Chad Roach -Project Manager Richard Miller -Land Manager phone: ( 970 ) 309-8525 Mailing Address: 3005 Center Green Dr -Suite 205 City: Boulder State: CO Zip Code: 80301 E-mail: chad.roach@easycleanenergy.com/richard.miller@easycleanenergy.com Project Name: Sunny Side Ranch Community Solar Assessor's Parcel Number: 2391 _ 303 _ 00 _ 007__ Physical/Street Address: 4003 County Rd 100 Carbondale,C0 81623 Legal Description: Section 30, Township 7 South, Range 87 West of the 6th P.M. (See Attached) Zone District: Agricultural Property Size (acres): 11.514 Existing Use: Agricultural -Grazing Proposed Use (From Use Table 3-403): Solar Array Description of Project: The application is for a community solar array project that will be in partnership with Holy Cross Electric. The Project is a 2.5 MW solar array that will occupy 11.514 acres +1- and interconnect to Holy Cross's distribution system and service all Holy Cross's residential and business customers Submission Requirements IIK:1-he Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4/-los/r= , Woz/C3- Section: 4/-zo3 /L , 47/-203 //1-.1 Section: /-ZoS/T; 4/-2o3 /;i<-` Section: e:t//A/. Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is corn alpgl acculfateg the best of my knowledge. /71etrIA4c) 1/6AZ Date Signature of • r • • erty Owner File Number: Fee Paid: $ 1111 1 r1IM W VIS IVaiii'I ihtMII liatilAJkliki 11 111 Reception#: 851284 07/11/2014 03:13:35 PM Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO LAND OWNER STATEMENT OF AUTHORITY Pursuant to C.R.S 38-30-17 Rick & Mary James the ("Land Owner") In connection with the Option Lease dated April l6th, 2014,(the "Lease") by and between Land Owner and GCASA II, LLC as("Tenant"), herby gives permission to the Tenant and it's representatives to move forward with a Land Use Application and permit on the subject property within Garfield County, Colorado. IN WITNESS WHEREOF, Land Owner subscribes this Land Owner Statement of Authority as of this day of G15 , 20 Land Owner: By: Title: STATE OF L 01 VTOL G1 o COUNTY S 1A wait . to wit: jjeori �lvwA-w The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of , 2014, by pm 6 GUM eS �'1G+ F YNw' e`> , who is La461 UWV11ef( ofG tc t9 Wt �)(O X1 j I' ,a 54A .,uta + c- l4 t.c`Ehw" ;4(. for and on behalf of the f t ("reAVA 1( LILA— . 41 LL A. TRUJILLO NOTARY' PUBLIC STATE OF COLORADO ID 20084008593 MY COMPASSIONNOTARY.EXPIRES MARCH 25. 2017 Notary Public for My Commission Expires: QoiNfThi 0000t0,2031,,,, Garfield County STATEMENT OF AUTHORITY Purkuapt to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of , a Z.Z,-• (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is 6.449.X/9.227, and is formed under the laws of tler..03,Gi4iPe7 The mailing address for the Entity is .30&6" Ceaf-Teeezelit/ 25,er v6-- &P -3e2/ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behal of the Entity is Z • The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert 'None"): Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2:9 —.day of , 20 /0 . Signature: Name (printed): Title (if any): 419A/25 STATE OF ) )SS. COUNTY OF . 446 e ) The foregoing instrument was acknowledged before me this a f day of frieNy , 20 by re- L . , on behalf of g 4 22 I 4/$7 oe,c e-wr Witness my hand and official seal. My commission expires: iA -o 1- (Date) (Notary Public SAMUEL S. CUNNINGHAM NOTARY PUBLIC STATE OF COLORADO NOTARY 0 20084041043 MY COMMISSION EXPIRES 1241-2018 [SEAL] ■�i� Ifir.i1V1n9 NS'? UiNATIA111111161411101 ■iii 1 Reception#: 851283 07/11/2014 03:13:35 PM Jean Rlberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY Pursue to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of cc -G.74.5 -g- ZZ , a G L. (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is C ✓fS e4- ,// G- G -..and is formed under the laws of Gcc.or�.-9-sz o The mailing address for the Entity is ,3oc5 .r".rz.e..._ a—zu.%-e D S41 . P d Z c:46"--- or��/>=.2. ? (::) 00..3 a / The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affectin%tle to real pr4 y on behalf of the Entity is C�•�6 -� vG�- — The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): A/0/4 or Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2 / day of /7PF - s — , 20 /(71 . Signature: Name (printed): Title (if any): yZ- r��« . /1--7••••P..P cn& STATE OF ai3L.�...zo ) )SS. COUNTY OF t �e,e..AJ ) The foregoing instrument was acknowledged before me this cs� / day of ((// _ , 20/41 1 by Met 4 , , on behalf of ge �/ j f� 2Z7(GG' , a Witness my hand and official seal. My commission expires: r%-®'% v340/7 (Date) ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 [SEAL] 815739 03/12/2012 12:35:56 PM Page 1 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Alpine Bank, A Colorado Banking Corporation Alpine Bank Carbondale 400 7th Street South Rffie, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle. CO 81680 SEND TAX NOTICES TO: MARY F. JAMES P.D. EIOX 102 ALMA, CO 81420 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Dead of Trust shell not exceed at any one time 4179,000.00 except as armed undo, applicable Colorado law. THIS DEED OF TRUST is dated January 30. 2012, among MARY F. JAMES ("Grantor"); Alpine Bank. A Colorado Banking Corporation. whose address is Alpine Bank Carbondale, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARRELD County, Colorado (referred to below es "Trustee). CONVEYANCE AND GRANT, For valuable consideration, Grantor hereby Irrevocably grants. vansfers and assigns to Trustee for the benefit of Lender es Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water right, and ditch rights linchrding stock in utilitiee with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property. including without limitation ail minerale, oil, gas, geothermal and similar matters. (the "Real Property'l located In GARFIELD County, State of Colorado: See EXHIBIT "A", which is attached to this Deed of Trust and made a pert of this Deed of Trust es if fully set forth herein. The Reel Property or its address is commonly known as 3947 CATHERINE STORE ROAD, CARBONDALE, CO 81623. CROSS -COLLATERALIZATION. In addition to the Note, this Deed at Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, es well as all claims by Lender against Borrower and Grentor or any one or more of thern, whether now existing or hereafter arising, whether reieted or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due. direct or indirect, determined or undetermined. absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others. whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and TO all present and tuture leases ut the Property and all Rents from the Property. M addition, Grantor grants to Lender a Uniform Commercial Code securiry interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE 141 PAYMENT OF THE INDEBTEDNESS AND Nil PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: lal this Deed of Trust Is executed at Borrower's request and not at the request of Lender; (b) Grantor hae, the full power, right. and authority to enter into this Dead of Trust and to hypothecate the Property; lc, the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument( binding upon Granior and do not result in o violation of any law. regulation, court decree or order applicable to Grantor; (di Grantor has established adequate means of obtaining from Borrower on 8 continuing basis information about Rorrower'e rinanclei condition; and (e) Lender has made no representation to Grantor about Borrower lincludIng without limitation the credinvorthiness al Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any 'one action- or 'anti -deficiency" law. or any other law which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lender is otherwise entitled to 5 claim for deficiency. before or after Lender' a commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due. and Borrower and Grantor shall strictly perform all their respective obligations under the Note. this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use 01 1110 Property shall he governed by the following provisions: Possession end Use. Until the occurrence of an Event of Default, Grantor may -(t) remain in posseetion end control of oho Properry: 12) use, operate or manage the Property: and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Propeny in tenantable condition and promptly perform all repairs. replacements, end mullntenante necessary to preserve its value. Compliance With Environmental Laws. Grantor mere -Bents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been r‘O use, generabon, manufacture, storage, treatment. disposal. release or threatened release ul any Hazardous Substance by any person on, under, about or from the Property; (21 Grantor has no.kn.owledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lel any breach pr violation or any Environmental Laws. lb) any use, generation, manufacture, storage, treatment. disposal, release or threatened release of any Hazardous Substance on, under, about or frorn the Property by any prior owners or occupants of the Properne, or lc) any actual or threatened litigation or claims of any kind by env person relating to such matters; and Except es previously disclosed to and acknowledged by Lender in writing, la) neither Grantor nor any tenant contractor, agent or other authorized user of the Property shall use, generate, manufacture. store, treat, dispose of or release any Hazardous Substance on, under, about pr from the Property; and (Of any such activiry 0011 be conducted in compliance with 011 applicable fEdelar, 01810, 815739 03/12/2012 12:35:56 PM Page 2 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46,00 Doc Fee: $0,00 eRecorded Loan No: 0463847101 DEED OF TRUST (Continued) Page 2 ano local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections end tests, at Grernoes expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are besed on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify. defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as ft consequence of any use. generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, Whether or not the same was or should have been known to Granter. The provisions of the section of the Deed of Treat, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction end reconveyance of the Een of this Deed of Trust and shall net be affected by Lender's acqulaltion of any interest M the Property, whether by foreclosure or otherwise. Nuitrance. Waste. Grantor shall not cause. conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber. minerals (including oil and gas), coel. clay, acorla, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property without Lender's prior written corisant. As a condition to the removal of any Improvements. Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of et least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon tha Re& Property nt al/ reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements Grantor shall promptly comply with all lows, ordinances, and regulations, now of hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Properly, including wirhout limitation, the Americana With Disabilities Act, Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing ao and so long as, In Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate seckeity or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Dirty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect end preserve the Properly, DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable ail toms secured by this Deed of Trust upon the sale or transfer; without Lender's prior written consent, of ell or any part of the Real Property, or any interest in the Real Property. A 'sale or transfer' means the conveyance of Real Property or any fight, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three l31 years, lease -option contract, Or by sale, assignment, or transfer of sny beneficial interest in or to any land trust holding title to the Real Property. or by any utter method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assesaments, charges (Including water end sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all olairns for work done on or for Services rendered or material furniehed to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the Ilan of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax. assessment, or claim in connection with a gond feith dispute over the obligation to pay, so long as Lender's interest M the Properry is not jeopardized. If a lien arises or is filed as a result of nenpayment, Grantor shall within fifteen 1151 days after the lien arises or, if a ben is filed, within fifteen 115! clay* after Grantor has notice of the filing, secure the diocherge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in en amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satiety any adverse judgment before enforcement against the Property. Grantor shall name Lender es an additional obligee under any surety bond furnished in the confesr proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end shall authorize the appropriate governmental official W deliver to Lender it any erne a written statement of the tones and assessments against the Property. Medea of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any services are furnished, or any materials are supplied ro the Property. if any mechanic's len, materialmen'a lien, or other lien could be asserted on account of the work, services, or materials. Granter will upon request of Lender furniah to Lender advance' assurances satisfactory to Lander that Grantor can end will pay the cost of sueh improvements. PROPERTY DAMAGE INSURANCE. The following provisions :01011019 80 insuring the Property are a part of this Deed of Trust. Maintenance of leserance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the MI insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of arty coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehereive general liability insurance in ouch coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in Such gability insurance policies. Additionally, Grantor shall maintain such other Insurance. including but net limited to hazard, business interrupTioe, and bailer insurance, as Lender may reasonably require. Policies shall be written in form, amounts. coverages and basis reasonably ecceplable to Lender and issued by a company or 'companies reasonably aecraptable to Lender. Grantor. upon request of Lender. will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender. including stipulations that coverages will not be cancelled or diminished without 00 )5551 ten 110) days price' written notice to Lender, Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act. omission or default of Grantor or any other person. Should rhe Reel Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain end maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan end any prior tens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program. or as otherwise required by Lender, and to maintain such Insurance for the teem of the loan. Application of Proceeds. Granter shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen II 51 days of tfte casualty. Whether or not Leeder's security is impaired. Lender may, at Lender's election, receive and retain the proceeds of any insurance end apply the proceeds to the reduction of the 815739 03/12/2012 12:35:58 PM Page 3 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan No: 0463847101 DEED OF TRUST (Continued) Page 3 Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall. upon satisfactory proot of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have riot been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay arty amount owing to Lender under this Deed of Trust, then to pay accrued interest. and the remainder. if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on insurance. Upon request of Lender. however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (11 the name of the insurer; (2) the risks insured; (31 the amount of the policy; (41 the property insured, the then current replacement value of such property. and the manner of determining that value; and l5) rhe expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or i1 Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or pieced un the Property and paying ail costs for insuring, maintaining end preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then hear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IA) be payable on demand: (BI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (11 the term of any applicable insurance policy: or (21 the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: fat Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other then those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and lb) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons.' In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expanse. Grantor may be the nominal party in such proceeding. but Lender shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participetion. Compliance. With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in lull force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings am a pert of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed. Grantor shall promptly notify Lender in writing. and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from lime to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase' in lieu of condemnation. Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award atter payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES ANO CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as deacrlbed below. together with ell expanses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation elf taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shelf constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part ot the indebtedness secured by this Deed of Trust: (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments' on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type ot Deed of Trust chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on payments of principal end interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement area nart of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as emended from_ time to time. Security Inteleat. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. in addition to recording this Deed of Trust in the real property records. Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Properly from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender end make it available to Lender within three (3) days after receipt of written 815739 03/12/2012 12:35:56 PM Page 4 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Lan No: 0463847101 DEED OF TRUST (Continued) Page 4 demand from Lender to the extent permitted by applicable law. Address.. The malting ad/imams of Gramor (debtor) and Lender 'secured parry) from which information concerning the security interest granted by tree Deed of Truer may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES: ATTORNEY-IN•FACT. The following provisions relating to further assurances and attorney-in-fact aro a part of this Deed of Trust: Further Assurances. At any time. end from time to time, upon request Of Lender, Grantor will make, execute and clellver, or will course to be made, executed or delivered, to Lender or to Lender'e designee, and when requested by Lender, entree to be tiled, recorded, refiled, or rerecorded, as the case may be, el such times and in such offices and places es Lander may [leen) appropriate, any and all such mortgagee, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue. or preserve (11 Borrower's and Grantor's obligations under the Nole, thin Deed of Trust, and the Related Documents, and 12) the liens end security interests created by this Deed ol Trust as first and prior liens on the Property, whether now owned or hereaher acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses Mcurred in connection with the matters referred to in tele paragraph. Atrorney-in.Fact. If Grantor fails to do any 0) 1)10 things referred to in the preceding paragraph, Lender may do so Tor 811<1 11 the name of Grantor and at Grantors expense. For such purposes. Grantor hereby irrevocably appoints Lender as Grantor's attorneyenifact for the purpose of making, executing, delivering, filing, recording, and doing all other things as iney bo necessary or desirebles in Lender's -sole Opinion, 10 8CCOmplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the tull performance of all the obligations under the Nole and this Deed of Trust, Trustee may, upon production Of documents and fees as required under 'applicable law, release this Deed of Trust. and such release hall vonetitute release ot the lien for all Such additional sums and expenditures made pursuant 10 1)115 Deed of Trust. Lender agrees to cooperate with Grantor in obtaining auch release and releasing the other collateral securing the Indebtedeees. Any release tees required be law, shall be paid by Grantor, If permitted by applicable law. EVENTS OF DEFAULT. Each of the following. at Lender's option. shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower leas to make any payment when due ender the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other tenn, obligation. covenant a condition contained M this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, allegation. <00011801 01 condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or congeal contained in this Deed 01 Trust, the Note or In any of tha Related DocumentS. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, seounty agreement. purchase or sales agreement, or any other agreement. in fever of any other creditor or person that may materially effect any of Borroweres 00 85)' Grantor's property or Borrower's ability to repay the Indebtedness or -Borrower's or Cremes ability to perform their respective obligations under this Deed of Trust or any ot the Related Documents, False Statements. Any warranty. representation or statement made or furnished to Lender by Borrower or Grantor or on Btarovver'e or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading In any material respect, elther now or al the time made or furnished or becomes false or misleading at any time thereafter. Defective CollateraBsetion. This Deed of Trust or any of the Related Documents ceases to be in full force and effect lincludiny failure el any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or ineolveney. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for arty part of Borrower's or Grantor's property, any assignment for tee benefit of creditors, any type of ereditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor of Forfeiture Proceeding. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, seleheip. repossession or any other method, by any creditor of Borrower or Graritor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts. including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the valicety or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and it Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, M an amount determined by Lender, In its sole discretion, es being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any teasels by Borrower or Gramm under the terms of any other agreement between Borrower or Grantor end Lender that Is not remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other ebtigetion Of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation parry dies or becomes incompetent, or revokes or thecees the validity of, or liability under. any Guaranty of the Indebtedness. Adverse' Change. A Material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the prespeet of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itnif insecure. Right to Cure. if any default, other than a default in payment is curable and If Grantor has not been given a notice 01 a breach of the carne provision 01 111)0 Deed of Trust within the preceding twehre 11 21 months. 11 100)1 be cured if Grantor. after Lender Serme written notice to Borrower demanding cure of such default: (1) cures the default within twenty 1201 OM's: or 121 it the cure requires more than twenty (20) deys, immediately initiates Steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues end completes all reasonable and necessary steps sufficient to produce compliance as soon as reeSOnably practical. RIGHTS AND REMEDIES ON DEFAULT. lf an Event of Default occurs under this Deed of Trust, at any time thereaher, Trustee nr Lender may exercise any one or more of me following rigras and remedies: Election of Remedies, Election by Lender to parte any remedy shall not exclude pursuit of eny other remedy, and an election to make expenditures or TO take action to perform an obligation of Grantor under this Deed of Trust, af-ter Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate tndebtednese. Lender shell have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required 10 pay. Foreclosure, Lender 315011 have the right to cause all or any part of the Real Property, and Personal Property, 11 Lender decides 815739 03/12/2012 12:35:56 PM Page 5 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded DEED OF TRUST Loan No: 0463847101 (Continued) Page 5 proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (e) to as costs and expenses of the sale, including but not limited to Trustee's fees. attorneys' fees. and the cost of title evidence: (b) to ail sums secured by this Deed of Trust: and lc) the excess. if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property- Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shell have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due end unpaid, end apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use tees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations tar which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (11 pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shell have any other right or remedy provided in this Deed of Trust or the Note or available at law ur in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property. whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings. if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust. the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees: Expanses, If Lender forecloses or institutes any suit or action to enforce -any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shelf bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' tees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals. and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shalt have all of the rights and duties of Lender es set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any novice of sale shall be given in writing, end shall be effective when actually delivered, when actually received by talefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. AD copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party mey change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying Chet the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at alt times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shell furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating Income shall mean all cash receipts from the Property less alt cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust arc for convenience purposes only end are not to be used to interpret or define tho provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Properry at any time held by or for the benefit of Lender in any capacity. without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed Of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If thera is a lawsuit, Grantor agrees upon Lender's request to submh to the Jurisdiction of the courts of Garfield County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. 815739 03/12/2012 12:35:56 PM Page 6 of 8 Jean Alberloo, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Lorin No: 0463847101 DEED OF TRUST (Continued) Page 6 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising eny right ohm operate as waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Tryst. No prior waiver by Lender, nor any course of dealing between Lender end Grantor, shall constitute a waiver of any of tanner's rights or of eny of Grantor's obligations es to any future transactions. Whenever the consent of Lender is required under this Deed or TRIM the granting of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where such consent is required end in all cases such consent may be granted or withheld M the sole discretion of Lender. Severability. If a Court of competent jurisdiction finds any provision of this Deed of Trust to be Olegal, invalid. or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall he considered modified so that it becomes raga', valid and anforceehle. If the offending provision 030001 4148 so modified. it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, inveaday, or unenforceability of any provision of this Dead of Trust shall not affect the legality. validity Or enforceability of any other provision 04 41113 Deed of Trust. Successora and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. d ownership of the Property becomes vested in e person other than Grantor, Lervder, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations 04 1013 Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party amairtst any other party. Waiver of Homestead Exemption. Granter hereby releaSes and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all IndebtedneSs Secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular. as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Alpine, Bank, A Colorado Banking Corporation, and its successors and assigns. Borrower. The word 'Borrower" means RICHARD N. JAMES and MARY F. JAMES and Includes all co.signers and comakers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitationall assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default' maims the Default set forth in this Deed of Trust in the section titled 'Default', Environment.' Lews. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act 04 1980. as amended, 42 U.S.C. Section 9601.04 seq. CCERCLA"1, the Superfund Amendments and Reauthorization Act of 1986. Pub. L. No. 99-499 1'SARA1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 4.2 U.S.C. Section 6901, et seq„ or other applicable 01810 04 federal laws, rules, or regulations adapted pursuant thereto. Event of Defauft. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor. means MARY F. JAMES. Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser. surety, or accommodation party id Lender, including without limhation a guaranty of all 04 080 of the Note. Hazardous Substance*. The words "Hazardous Substancesmean materials that. because of their quantIty, concentretton or physicel, chemical or infectious characteristics, may cau-Se or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, genersted, manufactured, transported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and include without Emitation any and ea hazardous or toxic substances, materials or waste as defined by 04 431041 under the Environmental Laws. The term •Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction rhereof and astiestoe. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed ern the Reel Property. facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "lodebtedness" means all principal, interest, and other amounts, Costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts eta provided in this Deed of Trust. Specifically. without limitation, indebtedness includes all amounts that may be indirectly secured by the Cross-Colleterallzatlon provision 011 11145 Deed of Trust, Lender. The word "Lender" means Alpine Bank. A Colorado Banking Corporation. its successors and assigns_ Note. The word "Note" means the promissory note dated January 30, 2012, in the original principal amount of $179,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings ot, consolidations of, end substitutions for the promissory nOte or agreement. The maturity date of the Note is February 5. 2017. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE, Personal Property. The words 'Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor. and now or hereafter attached or affixed to the Real Property; together with ell secessions, parte, and additions to, ell replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) horn any sale or other disposition 00 4219 Property, Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property, The word& 'Real Property" 11980 000 real prOperiy, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements. mortgages, deeds of trust, security deeds, collaterel mortgages, end all other 'instruments, agreements and documents. whether now or hereafter existing, executed in connection with the InOebtedneas. Rents. The word "Rents" means all present and fuhrre rents. revenues. Income. issues, royalties, profits. and other benefits 815739 03/12/2012 12:35:56 PM Page 7 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0,00 eRecorded Loan No: 0463847101 DEED OF TRUST (Continued) Page 7 derived from the Property, Trustee. The word "TrUV." means the Public Trustee of IARFIELO County, Colorado, GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND GRANTOR AGREES TO ITS TERMS. GRANTOR: x 71- /44 MARY FIJAME STATE OF COUNTY OF INDIVIDUAL ACKNOWLEDGMENT 11.1” SS 4. HA4j /co-filp* On this day before rne, the undersigned Notary Public, personally appeared MARY F. JAMES. to me to be the indi described in and who executed the Dead of Trust, and acknowledged that he or signed the Deed o voluntary act and deed, for the uses and purposes ein mentioned. • G- en ,er rfireard and official Seal this day of rnmitsion at Notary Public in and for the State of My coe LASER PRO Lending, Ver. 5.58.20,001 Copr, Harland Financial Solutions, Inc. 1897. 20t2. Al Rights Reserved. CO M:\CFINI.PL1601.FC TR.43526 PR -78 F -Par P-5 • " 14tr-4-/ /VA -t? C'2,4t tt, 1,-L'z: fiez,r-1 o. 67n) .41 eg AL "S(1^'41,<,..,?: i(4) 4) /G1,11-4.) 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R idratr Lxt c- -.c-r,,, -E1 r l / a- ,, a /rI f . i22/rt rz 1 Now OW Ye, That there fa !hereon, eb y the worm, STATUS unto the sold_ r TO mars dal) TO HOLD moth., with .n the?J?J, 44*44i4bedonling, unto the solel grantee Mann named, mut lo ; ssobject NEVertheeat to Lye fnikneine *Mi., rOnmaiima• 17/2.1T-Thait the "mat horde,' 'onto reefrioied in its axial, limite to the heoendarlea of the said. Millint marnites. owl to any Ve0.11 gnarls or other mak prate bet...21.4 oitimr, demob.% km4 itn, anvil,. Or other v - 4.1tian .Mkg LIMOS sober/wry) to and Width mere no kamon on the D one Mood eight 1..ndrei oo.d.. SSCOND-71tat them tiny vela or lode ofpw1t or other rock ter p4ano blaring, 1 old, Woo., cinnabar, lead, tin, copper, or other be 01141.10(1 Or /0,,41w, *.LIS with!. Ma above desertbad premise.* at Enid lost named date, the ev.ine ecannesly nreenterb anal oo.1 these mutant& THIRD -VW the premien hereby mnoryed may beenterra by the proprietor of new oto or lode of quarts or octer rook to place Ivor, cinnabar, UM, tne, Op" or other vealuabke detentes, far a.• purpose of ektrescHai 1.014,12.11 th4 � .11, 3144 Vehl, of ;WIC, should the some or any parl Ilureof In found to penetrole. tracrrect, pan through ar dip igai, the, mirkt,./Inound o,prendees hcrobo gronteg. FOttlaff-That14o preon.oeu heroCat unmoved eitall iv ?Wei noidect to anoi mated and 4.0"....4 wale, HAPite Arr agMeraturooi, ?nano, srponn, and rights to ditahet 0.4 r1iCriri,1 heal noenectlan nat'h such water rIghle ets only be rrengatepi ovr ausken1 and dectelone of .14,4. rneriT-77tall hi, the almonee of necemary leilideotion by eangYnee, the r.40114201.116. OL'e,o—r0442 may proviaknoiei far ruerldagi the 1.1111740 C.70.1111 or premiss, krrerni ranted., inn/Winmem...04 diminage and other necameev moans to tho complete denelopmenC thereof. .T.H6TafONY Tr'lf811,gar, .4.1c8Rtr.A. hare canted these lettere to be made reirlterr. and the BIM:. T 6,EXISIL4Z. L4XD OFFICE to • Oirldhi under roy hand ot ON (X kJ V !rVint In Ms par of our EfIrrX One ihanomad Minot hula INDENIXIANCE 0Ao 2BRMtn° $7.612:34 the nes hem Brearoter YOL Results Page 1 of 1 Back to normal view Query: ParcelNumberlD = 239130300035 Showing 1 result on 1 page Account# Summary R083397 2391-303- JAMES, RICHARD Section: 30 Range: 00-035 NELSON & MARY F Carbondale 81623 87 A PARCEL OF LAND BEING SITUATED IN THE SW1/4 OF SECTION 3OAND ... Picture httpa//4ot . ' 7/10/2014 Results Page 1 of 1 Back to normal view Query: ParcelNumberlD = 239130300036 Showing 1 result on 1 page Account# Summary R083398 2391-303- JAMES, RICHARD Section: 30 Range: 00-036 NELSON & MARY F Carbondale 81623 87 A PARCEL OF LAND BEING SITLJATED IN THE SW1I4 OF SECTION 30 AND Picture https://act.garfield-county.comlassessor/taxweb/results.j 7/10/2014 Garfield Coun To whom it may concern The address 4003 County Road 100 Carbondale, Co. 81623 Road & Bridge June 19, 2014 The said address is exempt from getting a Driveway Permit from Garfield County Road and Bridge because it is using an existing driveway. This driveway currently meets Road & Bridge Standards. Any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/District 1 (970) 945-1223 Office (970) 945-1318 Fax. Richard Miller From: Michael Prehm <mprehm@garfield-county.com> Sent: Thursday, June 19, 2014 1:26 PM To: David Pesnichak Co: Richard Miller, RaveanKramer Subject: 4003 CR 100 DExemption Letter Attachments: Exemption Letter 4003 County Road 100.docx Follow Up Flag: Flag for follow up Flag Status: Flagged David I spoke with Richard Miller with Easy Clean Energy this afternoon. We went over the project he is preparing to do near County Road 100. The dhe is going to use is shared by severat residents. It currently meetsour standards. After speaking with you I am comfortable with the long term traffic and impact it will have on County Road 100. If you have any concerns please let me know. Thanks Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. 1 Land Lease Option Agreement (Solar Farm) BETWEEN: Rick and Mary James, LANDLORD AND GCASA II, LLC, TENANT Please return recorded document to: Penny Armstrong Clean Energy Collective 3005 Center Green Dr., #205 Boulder, CO 80301 LAND LEASE OPTION AGREEMENT (SOLAR FARM) TABLE OF CONTENTS [UPDATE] Page 1. The Option 1 2. Premises 1 3. Term 2 4. Rent. . . 2 5. Improvements of Leased Premises 3 6. Ingress, Egress and Utility and Solar Easement 4 7. Maintenance and Security 4 8. Title and Quiet Possession 4 9. Title to Site Improvements and Infrastructure 5 10. Uses and Operations 11. Subordination, Attornment, and Nondisturbance 5 12. Mortgage of Leasehold Interests 5 13. Governmental Approvals and Compliance 6 14. Assignment 6 15, Notices 6 16. Insurance 7 17, Operating Expense 7 18. Taxes 7 19. Maintenance 7 20. Liabilities to Third Parties; Risk of Loss 7 21. Tenant's Performance and Surrender . 8 22. Default and Termination for Default 8 23. Right to Terminate 8 24. Rights to Site Improvements and Infrastructure Upon Termination 8 25. Binding on Successors 9 26. Access to Premises 9 27. Governing Law 9 28. Entire Agreement. . 9 29. Survey and Testing 10 30. Oil, Gas and Mineral Rights 10 31. Hazardous Waste 10 32. Mechanic's Liens 11 33. Headings, 11 34. Time of Essence 12 35. Severability 12 36. Real Estate Broker 12 37. Further Assurances. 12 38. Dispute Resolution 12 39. Right to Record 12 40. Interpretation 12 41. Date of Agreement 12 Table of Contents - LAND LEASE OPTION AGREEMENT (SOLAR FARM) This Land Lease Option Agreement (the "Agreement") is made this 3lst day of January, 2014, by and between Richard Nelson James and Mary F. James, having an address of PO Box 102 Alma, CO 80420 (individually and collectively referred to as "Landlord"), and GCASA II, LLC, a Colorado limited liability company, having an office at 3005 Center Green Drive, Suite 205, Boulder, Colorado 80301 ("Tenant"). 1. The Option. This Section provides the Tenant with two options with respect to leasing up to 11.97 acres of land (the "Land") described in Attachment A hereto. Each of these options may be exercised independently in accordance with the terms and conditions set forth below in this Section 1. 1 :t on 1 n (c) In the event Landlord fails to perform its obligations under this Agreement for any reason other than Tenant's breach, Tenant may pursue all remedies available at law and in equity. Landlord hereby acknowledges that Tenant will incur significant expenses in reliance on this Agreement. 2. Leased Premises. (a) The "Leased Premises" under this Lease shall be the Initial Leased Premises plus, if the Second Option is exercised by Tenant, the Additional Leased Premises. LAND LEASE OPTION AGREEMENT 2 (b) Upon Tenant's exercise of the First Option, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, by this Lease, Parcel A, a 261,360 square foot (approximately 6 Acres acres) parcel of property located on land commonly known as a portion of the James Ranch property at 4003 County Rd 100, located in Carbondale, CO 81623 County, Garfield, together with ingress, egress, and utility easements providing access to and from a public road and the point of utility interconnection, as described in Sections 5 and 6 below (the "Initial Leased Premises"). A legal description of Parcel A is attached hereto and incorporated herein as Exhibit 2. Landlord grants to Tenant the right to survey the Initial Leased Premises at Tenant's cost, and the survey shall then become Exhibit 2-A, which shall be attached hereto and made a part hereof. In the event of any discrepancy between the description of the property contained herein and such survey, the survey shall control, provided however that any material expansion of the Initial Leased Premises beyond the boundaries of the 11.91 area described in Exhibit 1 shall be subject to Landlord's consent, which consent will not be unreasonably withheld, conditioned or delayed. (c) Upon Tenant's exercise of the Second Option, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, by this Lease, Parcel B, a xxx,xxx square foot (approximately 5.97 acre) parcel of property located on land commonly known as a portion of the James Ranch property at 4003 County Rd 100, located in Carbondale, CO 81623 County,Garfield, together with ingress, egress, and utility easements providing access to and from a public road and the point of utility interconnection, as described in Sections 5 and 6 below (the "Additional Leased Premises"). A legal description of Parcel 13 is attached hereto and incorporated herein as Exhibit 3. Landlord grants to Tenant the right to survey the Additional Leased Premises at Tenant's cost, and the survey shall then become Exhibit 3-A, which shall be attached hereto and made a part hereof. In the event of any discrepancy between the description of the property contained herein and such survey, the survey shall control, provided however that any material expansion of the Additional Leased Premises beyond the boundaries of the 11.91 area described in Exhibit 1 shall be subject to Landlord's consent, which consent will not be unreasonably withheld, conditioned or delayed. 3. Term. The initial term of this Lease shall be for a period of twenty-five (25) years, commencing on the date Tenant exercises the First Option (the "Commencement Date"). Landlord grants to Tenant the right to renew this Lease for an additional term of twenty -Eve (25) years (the "Extension Term"). In order to exercise this renewal option, Tenant shall deliver to Landlord written notice of Tenant's intent to renew this Lease not less than ninety (90) days prior to the expiration of the then - current lease term. The initial term and all renewal terms are referred to herein as the "Term." 4. Rent. Lease, and for the Extension Term, if the Extension Term is exercised by the Tenant, all subject to the terms and conditions of such Solar Power Sales Agreement. 5. Improvements of Leased Premises. (a) Components. Tenant shall construct an approximately 1,000 kilowatt solar farm (the "Solar Farm") at its sole expense. The Solar Farm shall consist of racking and foundations; inverters and transformers; necessary electrical interconnections and all improvements and connections required to transfer and deliver generation offsite, including three (3) phase extensions and power box(es); a 200 to 400 square -foot structure to house electrical and maintenance equipment ("PV Box"); security fencing and gating, with cameras, enclosing the Leased Premises; safety signage and solar photo voltaic ("PV") panels (collectively the "Site Improvements and Infrastructure"). Landlord has no obligation to make improvements on the Leased Premises or Landlord's real property to accommodate the Solar Farm, and no obligation to perform any maintenance of the Leased Premises. (b) Use of Non -Leased Area. Tenant shall use reasonable efforts to use only the Leased Premises (including the easements granted under this Lease) for ingress and egress, storage, construction and all improvement activities, and shall not use the Landlord's property other than the Leased Premises for the improvement activities except as otherwise agreed. Should Tenant require additional area for lay down or storage outside of the Leased Premises during the construction of the improvements then Landlord shall allow use of one acre outside of the Leased Premises for a lay down or storage area directly adjacent to the Leased Premises at no additional cost to Tenant, which one -acre area shall be located in a mutually agreeable location (currently anticipated to be near the northern border of the 11.97 acre tract described in Exhibit 1), the consent to which location shall not be unreasonably withheld, conditioned or delayed by either party. It is agreed however, that Tenant shall not have the right to place any improvements on such one acre area, and shall only have use of the additional one acre during periods wherein Tenant is constructing improvements on the Leased Premises. Tenant shall ensure that it repairs the surface of the one acre area to the extent that its laydown and storage activities causes damage thereto. (c) Preliminary Site Plan, Construction Plans. For any new construction on the Leased Premises, such construction shall be designed and built to the minimum standards for any county, state and federal codes and requirements in effect at the time of construction, including without limitation, the applicable building and fire codes, (d) Signage. Tenant shall have the right to place one or more signs advertising the Solar Farm on the fence surrounding the Solar Farm provided that, prior to putting up any such signage, Tenant has obtained ail required sign permits from the local governing authority. (e) Fencing. Tenant shall maintain a fence around the Solar Faun for the duration of the Base Term and any extensions thereto. (f) Access Road Improvements. Tenant agrees to provide additional improvements to the Landlord's access road off of County Rd 100 as provided in this Section 5(f). Road improvement will t'- „rte ~ „C_- 4' completion of the improvements on the Initial Leased Parcel, and will have a cost to no Improvements will include re -grading the road from County Rd 100 to the point where ire lower array access road intersects the upper access road. The road grading of the upper access road will include re -grading the existing access road utilizing standard means and methods, and placing a new mat of crushed road base material upon such upper access road. The improvement to the access road will be a one-time requirement, will not be subject to any on-going maintenance by the Tenant, but shall be subject to Tenant's obligation to repair such damages thereto as are subsequently caused by Tenant in accordance with the terms and conditions of Section 7(d) of this Lease. LAND LEASE OPTION AGREEMENT 4 6. Ingress, Egress, Utility and Solar Easement. As part of the Leased Premises, Landlord hereby grants to Tenant an easement for ingress and egress to the Leased Premises, for access to and from Leased Premises from a public road, and over property of Landlord within and adjacent to the Leased Premises for construction and maintenance of the Site Improvements and Infrastructure on the Leased Premises, for the installation, construction, use and maintenance of underground and aboveground telephone, telegraph, and power lines and electric utilities in connection with Tenant's use of the Leased Premises, and upon and above the property of Landlord for the unrestricted right to receive and utilize solar energy at the Solar Farm (the "Easement"). The term of this Easement shall commence upon the Commencement Date of this Lease and shall continue until the last to occur of (1) expiration of the Lease Term, or (ii) removal by Tenant of all of its property from the Leased Premises after expiration of the Lease Term. Additional details concerning the locationand configuration of the Easement may be specified by the parties not later than ten (10) business days after Tenant's exercise of the Option, and shall be included in the survey(s) referenced in Section 2 hereof and in any recorded Memorandum of this Lease. In addition, at Tenant's request and expense, this Easement shall be set forth in a separate Easement Agreement, which Landlord and Tenant agree to execute and which Tenant shall have recorded as an encumbrance on the property of Landlord and binding upon all subsequent owners, successors, and assigns. 7. Maintenance and Security. (a) Maintenance. The Solar Farre shall be maintained by Tenant at its own expense. Tenant shall maintain, protect and preserve the Solar Farm in a safe, neat and attractive condition and in good and serviceable repair. Tenant shall be responsible for ongoing vegetation and weed management on the Leased Premises. (b) Snow Removal. Landlord does not provide snow removal service on the access road serving the Leased Premises. If Tenant desires snow removal on the Leased Premises, Tenant shall arrange and pay for such snow removal. Any snow removal activities will minimize any damage to the existing ground surface of the site. Tenant will promptly repair any damage caused by its snow removal activities. Tenant will only use the existing or new access roads via the access easement for vehicle access to the site. (c) Security. Security for the Solar Farm shall be the responsibility of Tenant. Nothing in this Agreement shall be construed to impose security obligations upon Landlord. Landlord shall not be liable for any loss or damages suffered by Tenant or third party solar panel owners due to Tenant's and such third parties use and occupancy of and activities on the Leased Premises. (d) Access Road. Tenant shall be responsible to make reasonable repairs to any access road, to the extent the need for such repairs are caused by Tenant. In this connection, it is anticipated that the maximum extent of such repairs will involve grading the surface of such access road to eliminate any ruts or similar damages which may be caused by Tenant's use of such access road. (e) Fencing. Tenant shall maintain fencing around the perimeter of the Solar Farm, as such may exist upon the Leased Premises from time to time. Tenant shall repair any damage to such fencing promptly after Landlord notifies Tenant, or Tenant otherwise discovers, such damage. If Tenant fails to repair such damage within a reasonable time after any such notice from Landlord, Landlord may complete such fencing repairs and charge the reasonable costs of such repair to Tenant as additional rent hereunder. 8. Title and Quiet Possession. Landlord represents and covenants that Landlord owns the Leased Premises and property subject to the Easement in fee simple, free and clear of all liens, LAND LEASE OPTION AGREEMENT 5 encumbrances, and restrictions of every kind and nature, except for those that currently appear in the recorded chain of title and are reported as exceptions on the commitment for title insurance that Tenant may obtain. Landlord represents and warrants to Tenant that Landlord has the full right to make this Lease and that Tenant shall have quiet and peaceful possession of the Leased Premises and the Easement throughout the Lease Term. 9. Title to Site Improvements and Infrastructure. (a) Site Improvements and Infrastructure. Title to the Site Improvements and Infrastructure remains with Tenant at all times during the Term. Upon expiration of this Agreement, title to the Site Improvements and Infrastructure shall be designated in accordance with Section 24, below. (b) Repair of Landlord's Property. In the event that Tenant causes any damage to Landlord's real property, including without limitation any above -ground or underground utilities, in the course of any activity undertaken by Tenant under this Agreement, Tenant shall facilitate the repair of such damage to return such property of Landlord to substantially the same condition as it existed prior to such damage, at Tenant's sole expense. 10. Uses and Operations. (a) Required Operations. Tenant shall construct, operate and maintain the Solar Farm as a community --owned renewable energy generation system under the terms of Holy Cross Energy(Utility) community solar power purchase agreement or its equivalent. (b) Unauthorized Uses and Operations. The Tenant's uses under this Lease include the construction and operation of the Solar Farm, and activities related thereto. Nothing in this Agreement shall be deemed to give Tenant the right to engage in any activities which are not related to the foregoing use, except as otherwise allowed under the provisions of this Lease. 11. Subordination, Attornment, and Nondisturbance. Tenant agrees that, if requested by Landlord, this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Leased Premises and to all modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust; provided that Tenant's possession of the Leased Premises and use of the Easement shall not be disturbed so long as Tenant shall continue to perform its duties and obligations under this Lease and Tenant's obligation to perform such duties and obligations shall not be in any way increased or its rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the mortgagee, trustee, or beneficiary under any such mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; provided that such mortgagees, trustees, beneficiaries and purchasers agree in writing that Tenant's possession of the Leased Premises and use of the Easement shall not be disturbed so long as Tenant shall continue to perform its duties and obligations under this Lease. Within ten (10) business days of Tenant's notice of its intent to exercise the Option, or within ten (10) business days of the date of creation of any future mortgages or deeds of trust, Landlord shall request Landlord's secured lenders to provide an Attornment and Nondisturbance Agreement in form reasonably acceptable to Tenant, executed and acknowledged by Landlord and the holder of any mortgage or deed of trust to which this Lease is, or shall become, subordinate. 12. Mortgage of Leasehold Interests. (a) Lender Collateral. Tenant shall have the right to pledge, mortgage and/or collaterally assign its leasehold interest and the Solar Farm as security to lender(s) (hereinafter "Lenders") for financing purposes without the further consent of Landlord. Landlord agrees to execute and deliver to Tenant within ten (10) days of any Tenant request therefor LAND LEASE OPTION AGREEMENT 6 made from time to time, aLandlord Acknowledgement of Collateral Assignment of Lease in the form of Exhibit 5 hereto. Landlord also agrees to promptly execute an estoppel certificate and any such other documentation as may reasonably be required by such lender(s) from time to time to certify as to the status of this Lease and to the performance of Tenant hereunder as of the date of such certification. (b) Notices to Lenders. As a precondition to exercising any rights or remedies related to any default by Tenant under this agreement, Landlord shall give written notice of the default to each Lender that is of record with Landlord, at the same time it delivers notice of default to Tenant, specifying the alleged event of default and the required remedy. Each Lender shall have the same amount of time to cure the default under this Lease as is given to Tenant hereunder, and the same right as Tenant to cure any default or to remove any property of Tenant or Lender located on the Leased Premises. The cure period for each Lender shall begin to run at the end of the cure period given to Tenant in this agreement, but in no case shall the cure period for any Lender be less than one hundred twenty (120) days after receipt of default notice. Failure of Landlord to give a Lender notice shall not diminish Landlord's rights against Tenant, but shall preserve all rights of such Lender to cure any default and to remove any property of Tenant or the Mortgagee located on the Leased Premises. (c) Right to Cure Defaults; Substitution. To prevent termination of this Lease, the Lender shall have the right, but not the obligation, at any time to perform any act necessary to cure any default and to prevent the termination of this Lease or any interest in the Solar Farm. In the event of an uncured default by the holder of Tenant's entire interest in this Lease, or in the event ofa termination of this agreement by agreement by operation of law or otherwise, each Lender that is not in default of its obligations, shall have the right to have Landlord either recognize the Lender's interest or grant a new lease substantially identical to this Lease. Under any such new lease, the Lender shall be entitled to, and Landlord shall not disturb the Lender's continued use and enjoyment thereunder for the remainder of the Lease Term. 13. Governmental Approvals and Compliance. Tenant shall obtain any necessary governmental licenses or authorizations required for the construction and use of the Site Improvements and Infrastructure on the Leased Premises and shall comply with government laws and regulations applicable thereto. Notwithstanding the foregoing, Tenant shall not be responsible for any matters arising in connection to Environmental Laws relating to the Leased Premises, except to the extent the need for compliance therefor arises directly out of the release by Tenant of any Hazardous Substances an or about the Leased Premises. 14. Assignment. Tenant shall not assign or transfer this Agreement, or any interest herein, without the prior written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned, and consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Notwithstanding the foregoing, Tenant is expressly permitted to assign its rights and responsibilities under this Agreement, without obtaining Landlord's consent and in its sole discretion, to any entity owned or controlled by Tenant or under common ownership or control with Tenant. 15. Notices. All notices, demands, requests, consents, approvals, and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying party, or officer, agent, or attorney of the notifying party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight coder service or overnight express mail, or upon posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: LAND LEASE OPTION AGREEMENT 7 To Landlord: Rick and Mary James PO Box 102 Alma, CO 80402 With a copy: By email to ramjam267@aol.com To Tenant: GCASA II, LLC c/o Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80302 With a copy: By email to mark.boyer@easycleanenergy.com The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. 16. Insurance . At all times during the Term of this Lease, Tenant shall maintain in full force a comprehensive public liability insurance policy covering Tenant's operations, activities, and liabilities on the Leased Premises, having a singIe or combined limits of not less than One Million Dollars ($1,000,000) in the aggregate; please see attached Exhibit 4, Insurance Requirements. Such policy shall name Landlord as an additional insured under such policy as the Landlord's interests may appear. Upon Landlord's request, Tenant shall give Landlord a certificate of insurance evidencing that the insurance required under the Agreement is in force. 17. Operating Expenses. Tenant shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities furnished to the Leased Premises and used by Tenant throughout the Term hereof, and for all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Leased Premises and all activities conducted thereon. Any such utility services desired by Tenant shall be separately metered, and shall not billable to or payable by Land lord. 18. Taxes. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Leased Premises. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Leased Premises that is directly attributable to Tenant's improvements to the Leased Premises. Landlord agrees to furnish proof of such increase to Tenant. 19. Maintenance by Landlord. Landlord shall maintain its property adjacent to the Leased Premises in good condition and state of repair to avoid interference with Tenant's use of the Leased Premises and the Easement. Landlord shall not construct structures or plant trees adjacent to the Leased Premises that will impede solar access to Solar Farm. 20. Liabilities to Third Parties; Risk of Loss. Tenant shall indemnify, defend and hold Landlord harmless from any liability (including reimbursement of Landlord's reasonable legal fees and all costs) for death or bodily injury to third parties, or physical damage to the property of third parties, to the extent caused by the fault of Tenant or any of Tenant's agents, servants, employees, or licensees, and Landlord shall indemnify, defend and hold Tenant harmless from any liability (including reimbursement of Tenant's reasonable legal fees and all costs) for death or bodily injury to third parties, or physical damage to the property of third parties, to the extent caused by the fault of Landlord or any of Landlord's agents, servants, employees, or licensees. Notwithstanding any provisions herein to the contrary, it is understood and agreed that all property kept, installed, stored, or maintained in or upon the Leased Premises by Tenant shall be so installed, kept, stored, or maintained at the risk of Tenant. Landlord shall not be responsible for any loss or damage to equipment owned by Tenant that might result from tornadoes, lightning, windstorms, or other Acts of God. The covenants of this paragraph shall survive LAND LEASE OPTION AGREEMENT 8 and be enforceable and shall continue in full force and effect for the benefit of the Parties and their respective subsequent transferees, successors, and assigns, and shall survive the termination of this Lease, whether by expiration or otherwise. 21. Tenant's Performance and Surrender. Tenant shall pay the rent and all other sums required to be paid by Tenant hereunder in the amounts, at the times, and in the manner herein proviided,. and shall keep and perform all terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease, surrender to Landlord the Leased Premises subject to the other provisions of this Lease. 22. Default and Termination for Default. Landlord or Tenant shall be in default of this Lease if either party breaches any material provision hereof and said breach is not cured by the breaching party within sixty (60) days of receipt of notice of said breach from the non -breaching party, or if such cure cannot reasonably be had within said sixty (60) day period, then if cure of such breach is not commenced within thirty (30) days of receipt of such notice and not thereafter completed using diligent efforts. Upon the breaching party's failure to cure its breach within such time, as applicable, the non - breaching party shall have the right to terminate this Lease for default, and to pursue such remedies as may be available in law or equity. 23. Right to Terminate. Tenant may terminate this Lease, at its option, after giving not less than thirty (30) days' notice to Landlord, if: (a) Any governmental agency denies a request by Tenant for or revokes a permit, license, or approval that is required for Tenant to construct or operate the Site Improvements and Infrastructure on the Leased Premises; (b) Tenant determines that technical problems, which problems cannot reasonably be corrected, preclude Tenant from using the Leased Premises for its intended purpose; (c) Tenant determines that Tenant does not have acceptable and legally enforceable means of ingress and egress to and from the Leased Premises; (d) Utilities necessary for Tenant's use of the Leased Premises are not available to the Leased Premises; or (e) The Leased Premises are damaged or destroyed to an extent that prohibits or materially interferes with Tenant's use of the Leased Premises. In the event of termination by Tenant pursuant to this provision, Tenant shall be relieved of all further liability hereunder except its obligation to remove its improvements as provided herein. Any rental fees paid prior to said termination date shall be retained by Landlord. 24. Rights to Site Improvements and Infrastructure Upon Termination. (a) Title: Tenant. At least 90 days prior to the expiration of the Term (including the expiration of any extension to such Term under Section 3), Tenant shall advise Landlord in writing of Tenant's intention regarding Tenant's ownership of the SolarFarm upon expiration, based upon one of the options set forth in this Section 24(a): LAND LEASE OPTION AGREEMENT 9 (1) Retain Title and Operating Rights. Retain ownership of the Solar Farm and continue to operate the Leased Premises as a community -owned solar farm under a new lease agreement with Landlord if: (i) Tenant has advised Landlord of Tenant's desire to continue operations in writing a minimum of ninety (90) days prior to the expiration date of the applicable term, as required in this Section 24(a)(1); and (ii) Landlord and Tenant have agreed to the new lease provisions at least thirty (30) days prior to the expiration date of this Agreement. The newly negotiated lease shall then begin upon the expiration of this Agreement. It is understood and agreed that if Tenant and Landlord are unable to agree upon the terms of a new lease, then the provisions of Section 24(a)(2), below, regarding removal shall apply. (2) Remove. Remove the Solar Farm, including the Site Improvements and Infrastructure owned by Tenant and solar panels owned by third parties. Such removal shall be completed within six (6) months following the expiration of the full term of this Agreement, during which time Tenant shall be subject to all terms and conditions in this Lease with respect to rent and access until the date of such removal, as if still a tenant. (b) Abandonment/Noncompliance with Section 24(a). If Tenant either (i) abandons the Leased Premises or (ii) does not provide the notice to Tenant described in Section 24(a) within the time period for such notice described therein, then Landlord shall notify Tenant whether Landlord desires to enter into an new lease as described in Section (24)(a)(1) or desires Tenant to remove the Solar Farm as described in Section 24(a)(2), and the parties shall proceed accordingly; provided however that in the event that Landlord and Tenant have not entered into the new lease described in Section 24(a)(1) at least ten (10) days prior to the expiration of the Term (including the expiration of any extension to such Term under Section 3), then Tenant shall remove the Solar Farm as set forth in Section 24(a)(2). If Tenant is obligated under this Section 24 to remove the Solar Farm and fails to do so within the time set forth in Section 24(a)(2), then Tenant shall be in default, and Landlord, after notice of default and expiration of the applicable cure periods set forth in Section 22 hereof, may remove the Solar Farm at Tenant's cost. 25. Binding on Successors. The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 26. Access to Premises. In addition to the Easement granted in Section 5, Tenant and its engineers, officers, employees, agents, and contractors shall have full access to the Leased Premises during the Lease Term, consistent with Landlord's standard property security policy. 27. Governing Law. The patties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State in which the Leased Premises are located. 28. Entire Agreement. All of the representations and obligations of the parties are contained herein and any separate Easement Agreement as specifically referenced in Paragraph 6 of this Agreement, and no modification, waiver, or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a party unless in writing signed by that party or a duly authorized agent of that party empowered by a written authority signed by that party. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or of any other provision or condition of the Agreement. - LAND LEASE OPTION AGREEMENT 10 29. Survey and Testing. Tenant shall have the right during the Initial Option Period and any extension to survey, soil test, and make any other investigations necessary to determine ifthe surface of the Leased Premises is suitable for construction of the Solar Farm. If Tenant, within the above -stated time, determines that for any reason the Leased Premises is not suitable, this Agreement, upon written notice given to Landlord, shall become null and void; provided that at Tenant's sole expense the Leased Premises shall be promptly restored to its condition prior to such testing and investigations. 30. Oil, Gas and Mineral Rights. Landlord does not grant, lease, let, or demise hereby, but expressly excepts and reserves herefrom all rights to oil, gas, and other minerals in, on, or under and that might be produced or mined from the Leased Premises; provided, however, that no drilling or other activity will be undertaken on the surface of the Leased Premises to recover any oil, gas, or minerals during the Term hereof. This Lease is given and accepted subject to the terms and provisions of any valid oil, gas, and mineral lease covering the Leased Premises or any part thereof, now of record in the office of the County Clerk, provided, however, that any future oil, gas, or mineral lease covering the above- described lands or any part thereof shall be in all respects subordinate and inferior to the rights, privileges, powers, options, immunities, and interests granted to Tenant under the terms of this Lease. 31. Hazardous Waste. (a) The term Hazardous Materials shall mean any substance, material, waste, gas, or particulate matter that is regulated by any local governmental authority, the State of Colorado, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of state or local law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated biphenyl, (v) radioactive material, (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Sections 1251 et seq. (33 U.S.C. Section 1317), (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq. (42 U.S.C. Section 6903), or (viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and. Liability Act, 42 U.S.C. Sections 9601 et seq. (42 U.S.C. Section 9601). The term Environmental Laws shall mean all statutes specifically described in the foregoing sentence and all applicable federal, state, and local environmental health and safety statutes, ordinances, codes, rules, regulations, orders, and decrees regulating, relating to, or imposing liability or standards concerning or in connection with Hazardous Materials. (b) Landlord represents and warrants that, to the best of Landlord's knowledge, (i) the Leased Premises have not been used for the use, manufacturing, storage, discharge, release, or disposal of Hazardous Materials, (ii) neither the Leased Premises nor any part thereof is in breach of any Environmental Laws, (iii) there are no underground storage tanks located on or under the Leased Premises, and (iv) the Leased Premises are free of any Hazardous Materials that would trigger response or remedial action under any Environmental Laws or any existing common law theory based on nuisance or strict liability. If any such representation is in any manner inaccurate or any such warranty is in any manner breached during the term of this Agreement (collectively, a "Breach"), and if such Breach gives rise to or results in liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or any existing common law theory based on nuisance or strict liability, or causes a significant effect on public health, Landlord shall promptly take any and all remedial and removal action as required by law to clean up the Leased Premises and mitigate exposure to liability arising from, and keep the Leased Premises free of any lien imposed pursuant to, any Environmental Laws as a result of such Breach. (c) Tlie following indemnities are provided hereunder by Landlord and Tenant: LAND LEASE OPTION AGREEMENT 11 (1) Tenant agrees to agrees to indemnify, defend, and hold harmless Landlord, its officers, partners, successors, and assigns from and against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties, and expenses, including reasonable attorneys' fees and expenses, consultants' fees and expenses, court costs, and all other out-of-pocket expenses, to the extent any such items arise out of the release of any Hazardous Substances on or about the Leased Premises by Tenant or Tenant's employees, contractors, agents, successors, or assigns. (2) Landlord agrees to indemnify, defend, and hold harmless Tenant, its officers, partners, successors, and assigns from and against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties, and expenses, including reasonable attorneys' fees and expenses, consultants' fees and expenses, court costs, and all other out-of-pocket expenses, to the extent any such items (a) arise out of the release of any Hazardous Substances on or about the Leased Premises except by Tenant or Tenant's employees, contractors, agents, successors, or assigns, or (b) arise out of any Breach by Landlord, or (c) arose prior to or during the Term. of this Lease and that failed to comply with (i) the Environmental Laws then in effect or (ii) any existing common law theory based on nuisance or strict Iiability. (3) Landlord agrees to indemnify, defend, and hold harmless Tenant, its officers, partners, successors, and assigns from and against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties, and expenses, including reasonable attorneys' fees and expenses, consultants' fees and expenses, court costs, and all other out-of-pocket expenses, suffered or incurred by Tenant and its grantees as a result of (a) any Breach by Landlord, or (b) any matter or condition of the Leased Premises involving Environmental Laws or Hazardous Materials that was not caused by Tenant or its officers, partners, successors, or assigns and that existed on or arose prior to or during the Term of this Lease and that failed to comply with (i) the Environmental Laws then in effect or (ii) any existing common law theory based on nuisance or strict liability, (d) Landlord represents and warrants to Tenant that Landlord has received no notice that the Leased Premises or any part thereof is, and, to the best of its knowledge and belief, no part of the Leased Premises is located within, an area that has been designated by the Federal Emergency Management Agency, the Army Corps of Engineers, or any other governmental body as being subject to special hazards, including floodplains. (e) The covenants of this Section shall survive and be enforceable and shall continue in full force and effect for the benefit of Tenant and its subsequent transferees, successors, and assigns and shall survive the Tenn of this Lease and any renewal periods thereof, 32. Mechanic's Liens. Tenant will not cause any mechanic's or materialman's lien to be placed on the Leased Premises, and Tenant agrees to indemnify, defend, and hold harmless Landlord from any such lien placed against the Leased Premises arising from any work or services performed by any party claiming by, through, or under Tenant. 33. Headings. The headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections, LAND LEASE OPTION AGREEMENT 12 34. Time of Essence. Time is of the essence for Landlord's and Tenant's obligations under this Agreement. 35. Severability. If any section, subsection, term, or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of the Agreement, or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall not be affected thereby and each remaining section, subsection, tens, or provision of this Agreement shall be valid or enforceable to the fullest extent permitted by law. 36. Real Estate Broker. Landlord represents and warrants that Landlord has not signed a listing agreement, dealt with, or otherwise agreed to pay a broker's commission, finder's fee, or other like compensation to anyone in connection with the lease of the Leased Premises or the transaction contemplated by this Agreement, and Landlord agrees to indemnify and hold Tenant harmless from and against any such claims or costs, including attorneys' fees, incurred as a result of the transaction contemplated by this Agreement. 37. Further Assurances. Each of the parties agrees to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence, or confirm this Agreement or any other agreement contained herein in the manner contemplated hereby. 38. Dispute Resolution. Any dispute between Landlord and Tenant arising under this Agreement shall in the first instance be addressed by taking the following steps: 1) by informal negotiations between Landlord and Tenant following an exchange of written notice of and response to said dispute and for a period of time not to exceed 45 days unless extended by mutual agreement and if not resolved by negotiations, then 2) by arbitration conducted by an impartial, neutral arbitrator consistent with the guidelines of the American Arbitration Association. 39. Right to Record. The Tenant shall have the right to prepare, execute and record a Memorandum of Lease, setting forth the general terms of the Lease and such other information as Tenant deems necessary, Tenant shall provide the Landlord a copy of the recorded Memorandum of Lease after recordation by the Garfield County Clerk and Recorder. 40. Interpretation. Each party to this Agreement and its counsel have reviewed and revised this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement. 41. Date of Agreement. The parties acknowledge that certain obligations of Landlord and Tenant are to be performed within certain specified periods of time which are determined by reference to the date of execution of this Agreement. The parties therefore agree that wherever the term "date of execution of this Agreement," or words of similar import are used herein, they shall mean the date upon which this Agreement has been duly executed by Landlord or Tenant, whichever is the later to so execute this Agreement. The parties further agree to specify the date on which they execute this Agreement beneath their respective signatures in the space provided and warrant and represent to the other that such a date is in fact the date on which each duly executed this Agreement. (signatures on next page) LAND LEASE OPTION AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LORD: ichard Nelson a, - Date: TENANT: GCASA II, LL Mar horized Representative Mary '.James /6) / Date: 13 STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this 16th day of April, 2014, by Richard Nelson James and Mary F. James, who are the legal owners of the Leased Premises. 40\ No afy Public for ��`1llrrf�rrf fres: , . /cr .'5 74;ut U511..‘ xC ; STATE OF %;-"r [}p.O[]49/ /rrr it+��� COUNTY OF , ,.c /Ide ' r .' o wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of 4/1,, i prre of (Le de , 2014, by e' --S4 rt LLC who is , for and on behalf of the Notary Public for LAND LEASE OPTION AGREEMENT 5 My Commission Expires: SAMUEL S. CUNNINGHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084041043 MY COMMISSION EXPIRES 12-61-2616 -©f--16, ,a . ,-i ze./ 14 EXHIBIT 1 LEGAL DESCRIPTION OF THE LAND TOTAL LEASE AREA- (11.514 acres) LAND LEASE OPTION AGREEMENT No Coast Land Surveying, LLC Joshua L Wilson PLS 38417 618 23rd Street Glenwood Springs, CO 816o1 Phone: (97o)3o9-7872 email: josh@NoCoastSurvey.com 1 web: www.NoCoastSurvey.com LEASE PARCELS PHASE 1 & 2 PARCEL C, SUNNYSIDE RANCH A PARCEL OF LAND SITUATED IN PARCEL C, SUNNYSIDE RANCH, AS DESCRIBED IN RECEPTION NO, 844932 OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING SITUATED IN SW1/4 SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6TH RM., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE BOUNDARY OF SAID PARCEL C, WHENCE THE W1/4 OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6TH P.M., BEING A FOUND 3 %" GARFIELD COUNTY SURVEYOR BRASS CAP ON A 21/7" IRON PIPE, MARKED "1/4 SECTION 30, T.75., R.87W., & SECTION 25, T.7S., R,88W., 1963", BEARS N21°34'11"W A DISTANCE OF 1980.71 FEET, WITH ALL BEARINGS BEING RELATIVE TO S01°56'417"W BETWEEN THE W1/4 AND THE SW1/4 OF SAID SECTION 30, T.75., R.87W., OF THE 6TH P.M; THENCE ALONG SAID BOUNDARY THE FOLLOWING THREE (3) COURSES; 501°56'40"W A DISTANCE OF 141.01 FEET; THENCE N88°03'20"W A DISTANCE OF 165.25 FEET; THENCE 539°49'48"W A DISTANCE OF 134.13 FEET; THENCE LEAVING SAID BOUNDARY S00°00100"E A DISTANCE OF 152.08 FEET; THENCE N90°00`00"E A DISTANCE OF 513.77 FEET; THENCE N80°09'56"E A DISTANCE OF 166.93 FEET; THENCE N38°46'18"E A DISTANCE OF 90.11 FEET; THENCE N00°00100"E A DISTANCE OF 53.23 FEET; THENCE N27°43'53"E A DISTANCE OF 94.16 FEET; THENCE N04°:19'32"E A DISTANCE OF 134.39 FEET; THENCE N01°56'40"E A DISTANCE OF 248.00 FEET; THENCE N15°16'39"E A DISTANCE OF 10.21 FEET; THENCE NO2°55'34"E A DISTANCE OF 1.61 FEET; THENCE N13°46'42"W A DISTANCE OF 8.79 FEET; THENCE N01°56'40"E A DISTANCE OF 152.82 FEET; THENCE N28°06'09"W A DISTANCE OF 82.16 FEET; THENCE N90°O0'OO"W A DISTANCE OF 492.33 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL C; THENCE ALONG SAID BOUNDARY S01°56'40"W A DISTANCE OF 472.27 TO THE POINT OF BEGINNING, SAID LEASE PARCELS CONTAINING 501,550 SQUARE FEET, OR 11.514 ACRES T/-. GARFIELD COUNTY STATE OF COLORADO FOUND 3" BRASS CAP MARKED COUNTY SURVEYOR 1/4,15&30 R.87W., 6TH P.M. 1963 GARFIELD COUNTY ASSESSOR PARCEL. HO. Y39t-3nj-10.007 Y N88'O3'20'W 165.25' 539.4948'W 134.13' 5.0.8. PARCEL B SUNNYSI0E RANCH 492.33' r .r' j!,4'1 -f `'ILIA: PARCEL A, SUNNYSIDE RANCH GARFIELD COUNTY ASSESSOR PARCEL NO. 2391.3o3•0o-019 REC. NO, 557174 GARFIElp cauNTY ASSESSOR PARCEL MO. 1391.30300-o20 REC NO. 557a73 GARFIELD CQIINSYASSESSOR PARCEL NO, 239t.3o3.DO.O11 GARFIELD COMFY ASSESSOR PARCEL 50. 2391.903.00420 GARFIELD COUNTY A35E5500 PARCEL NO. 391,30340,011 I a F- EXHIBIT MAP LEASE PARCELS, PHASE 1 & 2 PARCEL C, SUNNYSIDE RANCH SITUATED IN SECTION 30, TOWNSHIP 7 SOUTH, HANCE87 WEST OF THE GM P.M. COUNTY OF GARFIELD STATE OF COLORADO LEASE PARCELS PHASE 1 &2 PARCEL C,SUNNYSIDE RANCH A PARCEL OF LAND SITUATED IN PARCEL, C, SU N N YSI DE RANCH, AS DESCRIBED 114 RECEPTION NO. 844932 OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING SITUATED IN SWi14 SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 5TH P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS; BEGINNING AT A POINT ON THE BOUNDARY OF SAID PARCEL C. WHENCE THE W1i4 OF SECTION 3o, TOWNSHIP SOUTH, RANGE 87 WEST, OF THE 6TH P.M., BEING A. FOUND 3 W' GARFIELD COUNTY SURVEYOR BRASS CAP ON A2 Y1" IRON PIPE, MARKED "1r4 — SECTION 30, T.75., R.87W., & SECTION 25, T.75., 11.88W, 5963", BEARS N2134'S1"W A DISTANCE 051980.75 FEET, WITH ALL BEARINGS BEING RELATIVE TO 601'56'40"W BETWEEN THE Wsa4 AND THE 5W114 OF SAID SECTION 3o, T.75., R.87W., OF THE 6TH P.M; f THENCE ALONG SAD BOUNDARY THE FOLLOWING THREE (3) COURSES; S0I'56"4o"W A DISTANCE OF 141.05 FEET; THENCE N88'03'20'W A DiSTANCEOF 565.25 FEET; THENCE 535'49'48'W A DISTANCE 0E134.13 FEET; THENCE LEAVING SAID BOUNDARY 5oo'00'oo"EA DISTANCE 05152.08 FEET; / THENCE N5etre O0"E A DISTANCE OF 313.77 FEET; THENCE N 80'05'56"E A DISTANCE 05166.93 FEET; THENCE N38'46'18"E A DISTANCE OF 90.11 FEET; THENCE Noo"oo'oo"E. A DISTANCE OF 53.23 FEET; / THENCE N2143'S3"EA DISTANCE OF 94.16 FEET;. THENCE No4'i3'32"EA DISTANCE OF 134.39 FEET; THENCE No1'36'4o"EA DISTANCE: OF 248.00 FEET; THENCE 1455'a6'39"'EA DISTANCE OF 10.74 FEET; THENCE NO2'55'34"E A 015TANCEDF1.61 FEET; THENCE N13.46' 42'W A DISTANCEOF8.79 FEET; THENCE 1101.9614 0 ''8 A DISTANCE OF 152.82 FEET; THENCE N28'o6'o9"W A DISTANCE OF 82.56 FEET; THENCE N 9o'o o'oo"W A DISTANCE OF 497.33 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL C; THENCE ALONG SAID BOUNDARY S01'56'4o"W A DISTANCE OF 472.17 TO THE POINT OF BEGINNING, SAID LEASE PARCELS CONTAINING 505,550 SgUARE FEET, OR 11.514 ACRES of-. 200 GARFIELD COUNTY STATE OF COLORADO 400 Feel gi EXHIBIT MAP ARCS PARCELS, PHASE 1 & 2 PARCELC, SUNNYSIDE RANCH 111VAIIOIH%LC110. 1, TDWN5": ou1"iw1Y2 J, W111 e0vilrr'erc o ..... r.. :j2, 15 EXHIBIT 2 LEGAL DESCRIPTION OF THE IN1TL4L LEASED PREMISES - PHASE 1- LEASE PREMISES- ( 5.757 ACRES) LAND LEASE OPTION AGREEMENT LEASE PARCEL PHASE 1 PARCEL C, SUNNYSIDE RANCH No Coast Land Surveying, LLC Joshua L Wilson PLS 38417 618 23rd Street Glenwood Springs, CO Bi6oi Phone: (97o)3a9-7872 email: josh@NoCoastSurvey.com web: www.NoCoastSurvey.com A PARCEL OF LAND SITUATED IN PARCEL C, SUNNYSIDE RANCH, AS DESCRIBED IN RECEPTION NO. 844932 OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING SITUATED IN SW1/4 SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6T" P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE BOUNDARY OF SAID PARCEL C, WHENCE THE W1/4 OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6TH P.M., BEING A FOUND 3 %" GARFIELD COUNTY SURVEYOR BRASS CAP ON A 2 Y" IRON PIPE, MARKED "1/4 SECTION 30, T.7S., R.87W., & SECTION 25, T.7S., R.88W., 1963", BEARS N21°34°11"W A DISTANCE OF 1980.71 FEET, WITH ALL BEARINGS BEING RELATIVE TO 5171°56'40"W BETWEEN THE W1/4 AND THE SW1/4 OF SAID SECTION 30, T,75., R.87W., OF THE 6T" P.M; THENCE ALONG SAID BOUNDARY THE FOLLOWING THREE (3) COURSES; 501°56'40"W A DISTANCE OF 141.01 FEET; THENCE N88°03120"W A DISTANCE OF 165.25 FEET; THENCE 539°49148"W A DISTANCE OF 134.13 FEET; THENCE LEAVING SAID BOUNDARY 500°00100"E A DISTANCE OF 152.08 FEET; THENCE N90°00100"E A DISTANCE OF 513.77 FEET; THENCE N80°09`56"E A DISTANCE OF 166.94 FEET; THENCE N38'46'18"E A DISTANCE OF 90.11 FEET; THENCE N00°00'00"E A DISTANCE OF 53.23 FEET; THENCE N27°43153"E A DISTANCE OF 94.16 FEET; THENCE N04°19'32"E A DISTANCE OF 134.39 FEET; THENCE N01°56`40"E A DISTANCE OF 21.07 FEET; THENCE N90°00`00"W A DISTANCE OF 533.50 FEET TO THE POINT OF BEGINNING, SAID LEASE PARCEL CONTAINING 251,206 SQUARE FEET, OR 5.767 ACRES +/-. GARFIELD COUNTY STATE OF COLORADO 16 EXHIBIT 2-A TENANT'S SURVEY OF THE INITIAL LEASED PREMISES PHASE 1- LEASE PREMISES -(5.767 ACRES) LAND LEASE OPTION AGREEMENT FOUND 3" BRASS CAP MARKED COUNTY SURVEYOR 1(4, 25 & 30 T.75., R.87W., 6TH P.M. 1963 GAR.FIELD COUNTY ASSESSOR PARCEL NO.339,-3o3•o*•ODP r P.O.B. 501'56'40"W 141.01' NB8"o3'20W 165.25' 539.49'46"W 134 13' PARCEL B SUNNYSIDE RANCH r 52.4 rs;lll • Y.i "i f ff� 11 .. 1 ,•/ M PARCEL A, SUNNYSIDE RANCH GARFIELD COUNTY ASSESSOR PARCEL NO. 779+-303-00-0'9 REC R0,557174 GaRFiELD COUNTY A45FSS0R PARDO NO. 1391 So3-ao•D_o REG RO.55T=i3 CARREL() COUNTY A55E550R PARCEL NO. 2391-303.00-1111 GAR€IELD C OUNTY ASSESSOR PARCEL, NO. 2391.303.011.1122 CARS] ELD COUNTY ASSESSOR PARCEL NO. 1391.35.00.1112 / / EXHIBIT MAP / / / LEASE PARCEL, PHASE 1 {' PARCEL C, SUNNYSIDE RANCH SITUATED IN SECTION 3a, / / TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. / COUNTYOFGARFIELD / / STATE OF COLORADO / /LEASE PARCEL, PHASE . / PARCEL C, SUNNYSIDE RANCH 402 FOOT A PARCEL OF LAPID SITUATED I N PARCEL C. SU H N TSIDE RANCH. AS DESCRIBED IN RECEPTION NO. 544932 OF THE GARF! ELD COUNTY CLERK AND RECORDER, ALSO BEING ATUATE.D IN SW1/4 SECTION 3o, TOWNSHIP 7SOUTH, RANGE 87 WEST, OF THE 6TH P.M.. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING ATA POINT O N THE BOUNDARY OF 5AI D PARCEL 1, WIIENCE THE VYIj4 OF SECTION 30, TOWNSHIP 7 SOUTH. RANGE 87 WEST, OF THE 6TH P.M., BEING A FOUND 3 Y," CARFI ELD COUNTY SURVEYOR BRASS CAPON A2 R" IRON PIPE,. MARKED "sj4 SECTION 3a, T.75.., R.67W., A SECTION 25, T.75., R.88W., 0963" BEARS Nei 34'01"W A DISTANCE OF 1980.71 FEET, WITH ALL BEARINGS BEING RELATIVE TO 501'56'40"W BETWEEN THE W t!4 AND THE 5WIJ4 OF SAID SECTION 3o, T.7S.., R.87W., OF THE 6TH P.M; THENCE ALONG SAID BOUNDARYTHE FOLLOWING THREE (3) COURSES; SDf56'4o"W A DISTANCE OF 141.01 FEET;. THENCE N88'o3'2o"W A DISTANCE OF 165.25 FEET; THENCE 539.49'18"W A DISTANCE OF 134.13 FEET; THENCE LEAVING SAID BOUNDARY So0'a o'Po"E A DISTAN CC OF 152.o8 FEET; THENCE N9000'oo"E A DISTANCE OF 513.77 FEET; THENCE Ne0'0 9'56"E A DISTANCE OF 166.93 FEET; THENCE N38.4 '18"E A DISTANCE OF 90.11 FEET; TI IENCE Noo'oo'oo"E A DISTANCE OF 53.23 FEET; THENCE N27 43'53''E A DISTANCE OF 94.16 FEET; THENCE No4'19'32'°E A DISTANCE OF 194.39 FEET; THENCE No,'56'40"EADISTANCE OF 71.07 FEET; THENCE N90'o0'oo"W A DISTANCE OF 533.5o FEET TO THE POINT OF BEGINNING, SAID LEASE PARCEL CONTAINING 251206 SgUARE FEET, OR 5.757 ACRES .I-. GARF ELD COUNTY, STATE OF COLORADO y.���[yy�nnaarrr".. EXHIBIT MAP PARCEL. DE FEN PARCEL C, SUNNYSIDE RANCH ....,Q.11'11[11.1•LEASE 1a. TONT''*. ummy C[MIR 1:1,41.7.11.0aii1. m11.7. c_1,wEs. i[R EaCTAro 17 EXHIBIT 3 LEGAL DESCRIPTION OF THE ADDITONAL LEASED PREMISES PHASE 2- LEASE PREMISES- ( 5.747 ACRES) LAND LEASE OPTION AGREEMENT LEASE PARCEL PHASE 2 PARCEL C, SUNNYSIDE RANCH No Coast Land Surveying, LLC Joshua L Wilson PLS 38417 618 23rd Street Glenwood Springs, CO 81601 Phone: (970)309-7872 email: josh@NoCoastSurvey.com web: www.NoCoastSurvey.com A PARCEL OE LAND SITUATED IN PARCEL C, SUNNYSIDE RANCH, AS DESCRIBED IN RECEPTION NO. 844932 OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING SITUATED 1N SW1/4 SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6T" P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE BOUNDARY OF SAID PARCEL C, WHENCE THE W1/4 OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6?H P.M., BEING A FOUND 3 %" GARFIELD COUNTY SURVEYOR BRASS CAP ON A 2 Y2" IRON PIPE, MARKED "1/4 SECTION 30, T.75., R.87W., & SECTION 25, T.75., R.88W., 1963", BEARS N21°34'11"W A DISTANCE OF 1980.71 FEET, WITH ALL BEARINGS BEING RELATIVE TO SO1°56'40"W BETWEEN THE W1/4 AND THE SW1/4 DE SAID SECTION 30, T.75., R.87W., OF THE 6T" P.M; THENCE N90°00"00"E A DISTANCE OF 533.50 FEET; THENCE NO1°56'40"E A DISTANCE OF 226.94 FEET; THENCE N15°16"39"E A DISTANCE OF 10.21 FEET; THENCE NO2°55'34"E A DISTANCE OF 1.61 FEET; THENCE N13°46142"W A DISTANCE OF 8.79 FEET; THENCE N01°56'40"E A DISTANCE OF 152.82 FEET; THENCE N28°06'09"W A DISTANCE OF 82.16 FEET; THENCE N90°C0'00"W A DISTANCE OF 492.33 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL C; THENCE ALONG SAID BOUNDARY 501°56'40"W A DISTANCE OF 472.27 TO THE POINT OF BEGINNING SAID LEASE PARCEL CONTAINING 250,343 SQUARE FEET, OR 5.747 ACRES 41-. GARFIELD COUNTY STATE OF COLORADO EXHIBIT 3-A TENANT'S SURVEY OF THE ADDITIONAL LEASED PREMISES PHASE 2 -LEASE PREMISES -(5.747 ACRES) EXHIBIT 4 LAND LEASE OPTION AGREEMENT 18 FOUND 3" BRASS CAP MARKED COUNTY SURVEYOR 114123&30 R.87W., 6TH P.M. 963 GARFIELD COUNTY ASSESSOR PARCFI. No. 23913.3,10.0o? LT/ } LTI- 13:x" , • 0 PAS. • PARCEL B SUN WSW RANCH H g0'00'0O"W PARCEL A, SUNNYSIDE RANCH GARFIELD COUNTY ASSESSOR PARCEL NO. 1391 503-oo-atq REC. NOO.557474 GARFIELD COUNTY ASSESSOR PARCEL NO. 2; 9,;oy00•om RE — — C. ND.SSP73 C.ARFIELO COUNTY ASSESSOR PARCEL NO. 239'-3u3-00061 CARFIELD COUNTY ASSESSOR PARCEL NO. :341903,00-022 GARFIELD COUNVY ASSESSOR PARCEL NO. :391;03O0e1: EXHIBIT MAP LEASE PARCEL, PHASE 2 f PARCEL C, SUNNYSIDE RANCH SITUATED IN SECTION 3o, TOWNSHIP 7 SOUTH, RANGE 87 WEST / / OF THE 6TH P.M. COUNTY OF GARFIELD STATE OF COLORADO 7/ LEASE PARCEL / PHASE PARCEL C, SUNNYSIDE RANCH A PARCEL OF LAND SITUATED IN PARCEL C, SUNNYSIDE RANCH, AS DESCRIBED IN RECEPTION NO. 84i932 OFTHE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING SITUATED IN SW114 SECTION 30, TOWNSHIP 7 SOUTH, RANCE 87 WEST, OF THE 6TH P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING ATA POINT ON THE BOUNDARY OF SAID PARCEL C, WHENCE THE W il4 OF SECTION 3 a, TOWNSHIP 7 SOUTH, RANGE 87 WEST, OF THE 6TH P.M, BEING A FOUND 3 N" GARFIELD COUNTY SURVEYOR BRASS CAPON A 211" IRON PIPE, MARKED "714 SECTION 30, T.75., R.87W., 4 SECTION 25, T.75., R.88W.,1953", BEARS N21'34'11"W A DISTANCE OF 1980.7s FEET, WITH ALL BEARINGS BEING RELATIVE 10501'56'40"W BETWEEN THE W114 AND THE SW114 OF SAID SECTION 30, T.7S-, R.87W., OF THE 6TH P.M; THENCE 1490.00'00"E A DISTANCE OF 533.50 FEET; THENCE. Noi 56'40"E A DISTANCE OF 726;93 FEET; THENCE 1415'16'39"E A DISTANCE OF 1031 FEET; THENCE ND2'55'34'E A DISTANCE OF 1.51F EET; THENCE N13'46142"W A DISTANCE OF 8,79 FEET; THENCE N01'56'40•E A DISTANCE OF 152.82 FEET; THENCE N28'06'09"W A DISTANCE OF 82.16 FEET; THENCE N90'00100'1W A DISTANCE OF 451133 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL C; THENCE ALONG SAID BOUNDARY Soi56'40'W ADISTANCE OF 472.27 TO THE POINT OF BEGINNING SAID LEASE PARCEL CONTAINING 250,343 SgUARE FEET, OR 5.747 ACRES •I.. GARFIELD COUNTY STATE OF COLORADO 205 400 J Feet jiltLEASE EXHIBIT MAP PARCEL, MASS 2 P.N. C, NUNNYSIDE RANCH BCFJ 11141411D IIE+[[IIpM pry. tDWM11 it 2 *O0T ., NWT,+ S] 0261 OF TN •111!.5+ ..n [ou,lry D, i,wlllDf}p�S�[i,4auDp .» 19 CERTIFICATE OF INSURANCE Commercial General Liability- Occurrence Form The policy shall be endorsed to include the following addition& insured language: Mary James, Sunny Side Ranch, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insured's with respect to liability arising out of the activities performed by, or on behalf of the Lessee/Operator.' Minimum Limits: General Aggregate $2,000,000 Products/ Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,010 Automobile Liability (can be waived if lease does not involve use of motor vehicle) Bodily injury and Property Damage for any owned, hired, and non -owned vehicles. Minimum Limits: Bodily Injury/Property Damage {Each Accident) $1,000,000 Worker's Compensation and Employers' Liability Minimum Limits: Coverage A (Workers' Compensation) Statutory Builders' Risk Insurance or Installation Floater, as appropriate Minimum Limits: Total Construction Value LAND LEASE OPTION AGREEMENT 20 EXHIBIT 5 LANDLORD ACKNOWLEDGEMENT OF COLLATERAL ASSIGNMENT OF LEASE This Landlord Consent to Collateral Assignment of Lease Agreement (this "Consent'') is granted and made by ("Landlord") in connection with certain Option Lease dated 24 , (the "Lease") by and between Landlord and as Tenant. Tenant has entered into a Loan Agreement ("Loan Agreement") with ("Lender") for the extension of credit (the "Loan") in regard to a solar electric generating facility referred in said Loan Agreement as the "Solar Facility" and in said Lease and this Consent as the "Solar Garden 2. Tenant as borrower under the Loan Agreement, has executed a Collateral Assignment in favor of Lender whereby Tenant is giving Lender a pledge, mortgage, and/or collateral assignment of all of its right, title and interest arising under the Lease as tenant of the Leased Premises, and providing Lender such other rights as set forth in such Collateral Assignment. 3. Tenant hereby consents to the Collateral Assignment of the Lease given from Tenant to Lender. Landlord acknowledges that in this connection, Lender shall be entitled to perform any obligation under the Lease in lieu of the performance of such obligation by Tenant, but that Lender shall not be obligated to perform any such obligation. 4. Landlord also acknowledges and agrees that the following statements are true and correct: a. Landlord is the fee owner of the Leased Premises described in the Lease Agreement, and (I) a true and correct copy of the. Lease is attached hereto as Exhibit 1; (2) the Lease is in full force and effect; (3) Landlord has not modified, amended or changed the Lease in any material respect, (4) to the best of Landlord's knowledge, the Lease constitutes the entire agreement between Landlord and Tenant with respect to the Leased Premises; and (5) to the actual knowledge of Landlord, (i) there are no existing defaults by Tenant under the Lease, (ii) all amounts due under the Lease from. Tenant to Landlord as of the date of this Consent have been paid; and (iii) there are no leases in effect to which the Landlord's use of the Leased Premises shall be subordinate. b. Tenant owns the Solar Garden including without limitation all Site Improvements and Infrastructure (as def ned in the Lease) and alt related fixtures and personal property. Landlord does not own any personal property that is located on the Premises, and agrees that Landlord shall not pursue any liens or claims whatsoever against said Solar Garden, Site Improvements, Infrastructure, fixtures and personal property. c. Except those interests appearing in the records of the county recorder(s) where the Solar Garden is situated, Landlord has not granted any interests in the Leased Premises to any person or entity other than Tenant, and as long as Tenant is not in default of the Lease, Landlord will ensure Tenant's quiet enjoyment of the Leased Premises in accordance with the terms and conditions of the Lease. LAND LEASE OPTION AGREEMENT 21 5. Landlord also acknowledges and consents: To Tenant's execution of a leasehold mortgage or deed of trust encumbering Tenant's leasehold estate under the Lease and the Solar Farm. b. To Lender's access to the Leased Premises as necessary to inspect or protect its Collateral. c. To provide upon request of Lender, as a collateral assignee of rights under the Lease, subsequent signed statements indicating whether or not any defaults exist under the Lease, and addressing such other matters concerning the Leased Premises and the Lease as Lender may reasonable request. d. To the recording by Tenant or Lender of the Collateral Assignment and this Consent of Landlord thereto. 6. Landlord acknowledges that all notices to Tenant under the Lease Agreement shall be sent to: Attn: Mark Boyer, Authorized Representative 3005 Center Green Drive, Suite 205 Boulder, CO 80301 Telecopier Number: (800)646-0323 Telephone Number: (970)692-2592 with a copy in each case to: [Lender Information] Signatures on Next Page LAND LEASE OPTION AGREEMENT IN WITNESS WHEREOF, Landlord subscribes this Landlord Acknowledgement Of Collateral Assignment as of this day of , 20 LANDLORD: By: Title: STATE OF COUNTY . to wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of , 2014, by , who is of ,a for and on behalf of the LAND LEASE OPTION AGREEMENT 22 Notary Public for My Commission Expires: TITLE COMPANY of the rockies 132 \V. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 ww.titlecorockies.com COMMITMENT TRANSMITTAL Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham@easycleanenergy.com Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0905139-C GCASA II, LLC, a Colorado limited liability company Richard Nelson James and Mary F. James 4003 100 County Road, Carbondale, CO 81623 Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado, GCASA 11, LLC, a Colorado limited liability company c/o Clean Energy Collective, 3005 Center Green Drive Boulder, CO 80302 A Lender To Be Determined COPIES / MAILING LIST Richard Nelson James and Mary F. James 267 Nuthatch Drive Alma, CO 80420 Service Beyond E.rpeetation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties, (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek Basalt, Breckenridge, GranbA and Winter Park. (Closimg Services available in Aspen and Glenwood Springs) TITLE COMPANY of the rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www.titlecorockies.com Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham@easycleanenergy.com Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0905139-C GCASA 11, LLC, a Colorado limited liability company Richard Nelson James and Mary F. James 4003 100 County Road, Carbondale, CO 81623 Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, ancVor certain terms of any contract, or other inforrnation provided with the Application for Title Insurance, Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $5,888.00 $1,654.00 $25.00 $2,558.00 $7,203.00 Service Beyond Es:yearn/ion in Colorado far: Eagle. Garfield, Grand, Pitkin and Soma' Couniies. (Limited Coverage: Jackson, Lake, Pork and Row Counties) Locations Iry Avon/Beaver Creek, Basalt, Breckenridge, Granby, and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Chicago Tille Insurance Company ALTA Commitment -2006 (6-17-08) AMERICAN LAND TITLE ASSOCIATION TITLE INSURANCE COMMITMENT - 2006 (6-17-06) ISSUED BY TITLE COMPANY OF THE ROCKIES 132 W. Main Sr. Ste. B Aspen, CO 81611 agent for Chicago Title Insurance Company CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named m Schedule A, as owner or mortgagee of the estate or interest M the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. In Witness Whereof CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CHICAGO TITLE INSURANCE COMPANY President Chicago TiUe Insurance Company (Reverse side of Cover) ALTA Commitment -2006 (6-17-06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. (Reverse side of Cover) COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY of the rookies as agent for CHICAGO TITLE INSURANCE COMPANY Reference: Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham@easycleanenergy.com Commitment Number: 0905139-C Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: 1. Reference Property Address: 4003 100 County Road, Carbondale, CO 81623 SCHEDULE A Effective Date: March 28, 2014, 7:00 am 2. Policy (or Policies) to be issued: a) ALTA Owner's Policy (6-17-06) Proposed Insured: Issue Date: May 02, 2014 Policy Amount: $2,400,000.00 Premium: $5,888.00 GCASA II, LLC, a Colorado limited liability company b) ALTA Loan Policy (6-17-06) Proposed Insured: A Lender To Be Determined Policy Amount: $2,400,000.00 Premium: $1,654.00 3. The estate or interest in the Land described or referred to in this Commitment is: Leasehold Estate created by that certain Land Lease Option Agreement (Solar Farm) between Richard Nelson James and Mary F. James, as Lessor, and GCASA 11, LLC, a Colorado limited liability company, as Tenant, dated , and recorded , at Reception No. and Title to said estate or interest is at the Effective Date vested in; Richard Nelson James and Mary F. James 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A Commitment No. 0905139-C Schedule A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A Parcel of land situated in a Tract of Land as described in Reception No. 817680 of the Garfield County Clerk and Recorder, also known as Parcel No. 2391-303-00-006, also being situated in SW I 4 Section 30, Township 7 South, Range 87 West, of the 6th P.M., said parcel being more particularly described as follows; Beginning at a point on a fence whence the W1/4 of said Section 30, T.7S., R.87W., of the 6th P.M., a found 3 1/4" Garfield County Surveyor Brass Cap on a 2 1/2" iron pipe, marked 1/4 Section 30, T.7S., R.87W., of the 6th P.M. & Section 25, T.7S., R. 88W., of the 6th P.M., 1963 bears N28°30'47"W a distance of 559.10 feet; Thence S 01°5640"W a distance of 613.28 feet; Thence N 88°03'20"W a distance of 165.25 feet; Thence S 39°49'48"W a distance of 134.36 feet; Thence N 01°56'21"E a distance of 49.82 feet; Thence N 88°03'19"W a distance of 745.85 feet to a point on the westerly line of said Parcel No. 2391- 303-00-006; Thence along said west line S 00°10'44"E a distance of 408.31 feet to a point in the center of the Basin Ditch; Thence along the center of said ditch the following thirteen (13) courses: S 78°2046"E a distance of 39.87 feet; S 69°21'46"E a distance of 137.13 feet; S 74°09'28"E a distance of 87.48 feet; S 82°34'16"E a distance of 93.38 feet; S 71°33'37"E a distance of 74.67 feet; S 85°33'55"E a distance of 115.93 feet; N 87°27'35"E a distance of 81.84 feet; N 84°53'00"E a distance of 80.11 feet; N 83°3602"E a distance of 176.33 feet; N 89°3237"E a distance of 241.55 feet; S 84°44'31"E a distance of 187.38 feet: N 88°50'16"E a distance of 152.57 feet; N 82°09'55"E a distance of 57.01 feet; N 75°09'29"E a distance of 77.23 feet; Thence leaving the center of said ditch N 00°53'22"E a distance of 190.96 feet; Thence N 24°06'17"E a distance of 203.27 feet; Thence N 00°2903"E a distance of 1.87 feet; Thence N 89°30'57"W a distance of 55.16 feet; Thence N 00°29'00"E a distance of 150.00 feet; Thence S 89°41'58"E a distance of 56.71 feet; Thence N 00°-0400"E a distance of 149.82 feet; Thence S 89°41'59"E a distance of 56.71 feet; Thence N 00°04'01"E a distance of 149.82 feet; Thence S 89°30'56"E a distance of 55.62 feet; Thence N 00°29'00E a distance of 150.00 feet; Thence 5 89°30'57"E a distance of 608.6I feet to a point on the northwesterly Right of Way line of a County Road; Thence along said Right of Way the following four (4) courses: Alta Commitment - 2006 Schedule A (continued) Coramitinent No. 0905139-C Schedule A (continued) 147.40 feet along the arc of a non -tangent curve to the right having a radius of 1554.05 feet, the chord of which bears N 34°4813"E a distance of 147.34 feet; Thence N 40"31'42"E a distance of 96.25 feet; Thence N 40° 34'27"E a distance of 69.19 feet; Thence 125.44 feet along the arc of a curve to the right having a radius of 673.26, the chord of which bears N 46°36'02E a distance of 125.26 feet; Thence N 90°0000W a distance of 1012.21 feet; Thence S 00°0000"W a distance of 182.20 feet; Thence N 90-00'00W a distance of 646.44 feet to the point of beginning. Alta Commitment - 2005 Schedule A (continued) Commitment No. 0905139-C Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledge Lease between Richard Nelson James and Mary F. James, as Lessor, and GCASA II, LLC, a Colorado limited liability company, as Tenant. The Owner's Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 36-06 Pending 36.4-06 Pending 36.6-06 $904 100.33 $100.00 The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 8.2 $452.00 36.1-06 Pending 36.5-06 Pending 36.6-06 $452.00 100.33 $100.00 103.7 $100.00 122 x 3 $450.00 Alta Commitment - 1006 Schedule B -I Requirements Commitment No. 0905139-C Schedule B-H Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. • 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368 and April 15, 1908, in Book 56 at Page 496. — 2 3 S 3 /850 4_ 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368, April 15, 1908, in Book 56 at Page 496 and April 2, 1912, in Book 71 at Page 540. 9. Easement and right of way for electric line or system and related appurtenances, as granted by Harold L. Blue to Holy Cross Electric Association, Inc., by instrument recorded November 27, 1974, in Book 467 at Page 40, June 3, 1980, in Book 549 at Page 587 and June 3, 1980, in Book 549 at Page 588, said easement being more particularly described therein. Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 0905139-C Disclosure Statements Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall he responsible for all matters which appear of record prior to the time of recording whenever the Title entity conduets the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed," (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Poliey to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have heen furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilcd mechanic's and materialmen'sliens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may he obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22- 604.5 (Non-resident withholding). DISCLOSURE STATEMENTS Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least onc inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform, Note 7: Our Privacy Policy: We will not reveal nonpuhlic personal customer information to any external non- affiliated organization unless we have been authorized by the customer, or are required by Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: I. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contraet to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Disclosure Statements Anti -Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. Order Number 0905139 AFFIDAVIT AND INDEMNITY to Chicago Title Insurance Company RE: Real estate and improvements located in the County of Garfield, State of Colorado, and described as: Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. also known as 4003 100 County Road, Carbondale, CO 81623 1. I /we am (are) of legal age and am (are) suffering under no legal disability with respect to the subject matter hereof. 2. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor fumished for construction and erection, repairs or improvements contracted on behalf of the undersigned on the property within the statutory lien period of 120 days within which a lien eould be filed. 3. I/we further represent that there are no public improvements affecting the property prior to the date of elosing that would give risc to a speeial property tax assessment against the property after the date of elosing. 4. I/we further represent that are no pending proceedings or unsatisfied judgments of reeord, in any Court, State or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 5. I/we further represent that there are no unrecorded contracts, leases, easements or other agreements or interests relating to said premises of whieh we have knowledge. 6. I/we further represent that we are in sole possession of the real property described herein other than lease hold estates refleeted as recorded items under the subject commitment for title insuranee. 7. I/we further represent that there are no unpaid eharges and assessments that could result in a lien in favor of any association of homeowners whieh are provided for in any document referred to in Section B. 8. I/we have not during the period of ownership done or committed any aet, whieh has ehanged or could change the boundaries of the property. 9. I/we have not during the period of ownership allowed any encroachment onto the property herein described by the adjoining land owners nor have I/We eneroaehed upon property of the adjoining land owner. 10. I/we have not given, granted or permitted any easements, rights of way, continuous driveway usage, drain, sewer, water, gas or oil pipeline or other rights of passage to others over the property hereinabove described and I/We have no knowledge of the existence of any such adverse rights. 11. That all improvements constructed on the real estate herein were completed and paid for. The undersigned affiant(s) know the matters herein stated are true and does hereby agree to protect, defend, indemnify and save harmless The Title Company of the Rockies and Chicago Title Insurance Company against loss costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. Richard Nelson James Mary F. James State of County of The foregoing instrument was acknowledged, subscribed and sworn to before me this day of , 20 by Richard Nelson James and Mary F. James. My Commission Expires: Witness my Hand and Official Seal Notary Public EscrowNo. 0905139 FINAL AFFIDAVIT AND AGREEMENT to Chicago Title Insurance Company : Real estate and improvements located in the County of Garfield, State of Colorado, and described as: Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. also known as 4003 100 County Road, Carbondale, CO 81623 The undersigned, GCASA 11, LLC, a Colorado limited liability company Purchaser(s) of the herein described property, to induce Chicago Title Insurance Companyto issue its Policy or Policies of Title Insurance without exception as to mechanics' or other statutory liens, or any rights thereto, where no notice of such liens or rights appear of record, does hereby make the following representations to Chicago Title InsuranceCompany, with full knowledge and intent that said company shall rely thereon: That the improvements on the real estate herein described have been fully completed by the General Contractor and have been accepted by the undersigned as completed and satisfactory. 2. That the full purchase price has been paid by said purchaser(s) to said General Contractor and/or owner. 3. That said premises (were) (will be) occupied by said purchaser(s) on or about . 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the constructions of said improvements which have not been paid. 5. That the undersigned have not caused any materials to be furnished or work to be done on said improvements by any one other than the General Contractor referred to above which could give rise to mechanics' or other statutory liens, and have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings placed upon or installed in said premises and will protect, defend and save harmless the mortgagee and Chicago Title Insurance Company against any and all liability loss, damage, costs and attorney's fees by reason of any claims or liens asserted with respect to the matters described in this paragraph. 6. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State or Federal, nor any tax liens filed a7:inst us. That if there are any judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. GCASA 11, LLC, a Colorado limited liability company By: State of } § County of The foregoing instrument was acknowledged, subscribed and sworn to before me this day of , 20 by of GCASA 11, LLC, a Colorado limited liability company. My Commission Expires: Witness my Hand and Official Seal Notary Public TITLE COMPANY al he rocke.s 132 W. Main St Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www,titlecorockies.com Wiring Instructions Title Company of the Rockies Alpine Bank - Escrow Account (Bank #RQ138) If you are wiring funds, please provide the following wiring instructions to your financial institution: Wire To: Alpine Bank, Avon, Colorado 10 West Beaver Creek Blvd. ABA/Routing #: 102 103 407 Credit to: Title Company of the Rockies Account No.: 347 001 3280 Reference : Escrow No.: 0905139 Name: GCASA TT, LLC, a Colorado limited liability company Please Notify The Title Company of the Rockies upon receipt. Please Note: The wire inforrnation must include the name of the person wiring funds, and/or our file or escrow number. If you have any questions or need assistance, please call The Title Company of the Rockies at (970) 920-9299. Service Beyond Expectation in Colored.) for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Boort Counties) LocationsIni A mn.113eatwr Creek, Basalt, Breckenridge, Granby, and Winter Park (Closing Services available in Aspen and Glenwood Sprig). Mean Energy COLLECTIVE Clean Energy Collective Proposed Sunny Side Ranch Community -Owned Solar Array Garfield County, Colorado Project Name: Sunny Side Ranch Community Solar Array Owner: GCASA II, LLC Project Narrative: Clean Energy Collective is proposing to build and maintain a 1.7 MW community -owned solar garden on approximately eleven (11.541) acres of land owned by Rick and Mary James, at 4003 County Road 100, Garfield County. The eleven (11.541) acre lease parcel will be accessed off a driveway connected to County Road 100 and existing interior two track roads on the property. "Community -owned solar" means just that; the panels are owned by citizens and businesses of all sizes within Holy Cross Energy's service area. The power produced by the purchased panels is then credited against the electric bill of the purchasers of panels in the solar array. The panels are supported by a metal racking system that is engineered for local wind loads and soil conditions. Typically, there is no site grading and the support piles for the racking systems are driven directly into the ground. The height of the panels from the ground varies due to topography, but the typical height is between 4-6 feet from grade to the top of the panels. The panels and racking will be a single axis tracking system that will be motor driven rotating from East to West for solar gain and power production. The proposed facility will be unmanned, however, a maintenance crew will visit the site approximately two (2) times per year for routine maintenance. The perimeter of the lease area will be secured with a six foot (6') security fence and locked gate. There will be a minimum of (2) inverters for the project that will convert DC current to AC current and connects to the Holy Cross Energy grid for distribution. The designated point of interconnection will be the Holy Cross transformer located within the site. The interconnection will require new 3phase distribution line that will come from the Western location by the gravel pit. This will require a new overhead run with easements. The inverters will be housed in an open -sided frame structure with a roof and will be situated on a concrete equipment pad. All DC panel cabling of the array interior will be underground connecting the arrays. The proposed 1.7Mw/DC facility will be built in one phase. The project will incorporate between 4,500 to 5,000 solar panels in the array. The proposed facility does not require water or sanitary sewer. Once construction starts the projec will be completed and operational within 12 to 14 weeks. The surrounding land uses are vacant, agricultural grazing land to the north, south, east and west. The proposed solar site will occupy an area adjacent to the former Carbondale landfill site. The proposed community -owned solar garden is fully compatible with surrounding, existing land uses. Traffic during the construction phase of the solar facility will consist of truck and trailer traffic for the delivery of materials. This limited traffic activity will not negatively impact traffic volume or safety. Once the facility is constructed, the traffic in and out of the facility will be for routine maintenance 1 to 2 times per year and upkeep and will be conducted in a standard -sized pickup truck. For additional information regarding this proposed facility, please contact: Chad Roach, Project Manager for Clean Energy Collective at 970.309.8525 or via e-mail at chad.roach@easycleanenergy.com or Richard L. Miller, AICP, Land Manger for Clean Energy Collective at 303.809.2128 or via e-mail at: richard.miller@easycleanenergy.com. The Clean Energy Collective is a new idea in power generation. A member -owned cooperative venture that builds and operates centralized dean power -generation facilities at the community level. go ahead. power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com Clean Energy COLLECTIVE® Proposed Clean Energy Collective Community Solar Facility Major Impact Review Compliance with Article 7: Standards (Garfield County Land Use and Development Code) Section 7-101. Zone District Use Regulations The subject property is zoned "Rural". All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review - Land Use Change Permit process. Section 7-102. Comprehensive Plan and intergovernmental Agreements The Garfield County Comprehensive Plan 2030 addresses renewable energy in Chapter 3, Section 10. The first goal states that Garfield County should "Promote and encourage the development of renewable energy resources within the county". The Plan further states that the county should "Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual quality". There will be no negative impacts on air quality because there are no fumes or odors associated with the proposed solar facility. Straw waddles and silt fencing will be used during the construction phase to help insure that water quality will be protected. There will be a slight impediment to larger wildlife migrating through the area due to the fence enclosure that is required for power generation facilities. Due to the location on the subject property and the topography of the site, there should be minimal visual impact to surrounding properties. The proposed lease area is approximately 11.5 acres in size and the James family owns several hundred acres of surrounding property. Section 7-103. Compatibility The nature, scale, and intensity of the proposed solar facility will be compatible with adjacent land uses. The surrounding land uses are agricultural and residential in nature. Solar facilities have no fumes, noise (other than a slight hum from the inverter), or environmentally hazardous materials. The facility is unmanned and will have very little vehicular traffic, other than routine maintenance, which is performed 1-2 times per year. Section 7-104. Source of Water Since the proposed facility is to be unmanned, there will be no need for a water supply. During construction, a water truck will be on site to help control dust. Water for construction crews will be provided by the general contractor or by the individual crew members. Section 7-105. Central Water Distribution and Wastewater Systems The proposed use does not require a water supply or a wastewater system. While the he Cic.afi Erv.:;rgy !s a nr2,,,v tde,a, in po,,,fer genera:ion A veNure buil& centraio.yi lovd. go ahead. power up. Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 1/ phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTIVE® proposed facility is being constructed, drinking water will be provided by the general contractor and the individual crew members. During the 6-8 week construction period, a port -a -let will be on site. Once construction has been completed, the port -a -let will be removed from the site. Section 7-106. Public Utilities Clean Energy Collective (CEC) has a "power purchase agreement" with Holy Cross Energy to provide clean, renewable energy to the customers within the Holy Cross Energy service area. There will be an interconnecting line from the CEC solar facility to the Holy Cross Energy grid. Section 7-107. Access and Roadways The proposed solar facility will be accessed using the existing private driveway off of Garfield County Road 100. The driveway is a gravel surface and of adequate width to support construction traffic and emergency vehicles. Since the proposed facility is to be unmanned, there will be very limited traffic impact to surrounding county roads. After the construction phase, an operations and maintenance technician will visit the site 1-2 times per year to provide routine maintenance. Section 7-108. Use of Land Subject to Natural Hazards • The "Slope Hazard Study Areas 1, 2, & 3" indicates that the subject property has a "Major Slope Hazard" zone in the southeast portion of the subject lease parcel. There is also a finger of "Moderate Slope Hazard" which runs east/west through the subject lease parcel. The solar facility will be supported by piles driven into the ground, which can be adjusted in depth to accommodate any slope conditions. Minimal grading will be required to install the solar arrays. Section 7-109. Fire Protection Solar facilities are constructed of non-combustible materials and pose very little threat to start a fire. CEC will work with the fire protection district to insure the access is acceptable and all other fire district requirements are met. Section 7-201. Agricultural Lands The proposed facility will not have a negative impact on agricultural lands or operations. Section 7-202. Wildlife Habitat Areas The impact to area wildlife should be minimal as a result of this proposal. A 6 foot tall wildlife fence will be constructed around the perimeter of the site. This type of fencing will allow smaller animals to pass in and out of the proposed facility. Larger animals, such as deer, may experience a slight change in traveled corridors to maneuver around the facility. CEC will work with the Colorado Division of Wildlife and address any 'r he Cleari Erlf.,roy Colle,ctfve ,s a nev-z A budds nrid ope.ratek-,. cvntralized cionn go ahead. power up. or, Clean Energy COLLECTIVE® 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTJVE® concerns they have regarding area wildlife and animal habitat, Regarding preservation of native vegetation; CEC's racking system is basically a steel frame that is "pile driven" into the soil 8-10 feet in depth. This results in minimal disturbance to the native vegetation and topsoil. Those areas of native vegetation that may be damaged during construction will be re -seeded with native grasses or a mix recommended by Steve Anthony, Garfield County Vegetation Manager. Section 7-203. Protection of Water bodies The proposed solar facilities will not be within 35 feet of a water body. During the construction phase of proposed facility, waddles and silt fencing will be used to prevent erosion and negative impacts to local drainages. Section 7-204. Drainage and Erosion Our consulting engineering firm, Enertia Consulting Group, has calculated that approximately 0.52 acres of soil will be disturbed installing the access drive, foundations, pile driving the 1 -beams into the ground, an underground transmission line, two pads for inverters and two pads for transformers. The Colorado Department of Public Health & Environment does not require a storm water management permit when the total area of grading and disturbance is less than one acre. Once construction is completed, areas of disturbance will be re -seeded with native grass mix as recommended by Steve Anthony, Garfield County Vegetation Manager (please see the enclosed recommended seed mix) . Section 7-205. Environmental Quality The proposed solar facility will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. Solar power generation facilities help reduce the overall carbon footprint and therefore, improve the air quality over traditional fuels for power generation. There will be no hazardous material stored or used at the proposed solar facility. Section 7-206. Wildfire Hazards Map 7 from the GarCo Community Wildfire Protection Plan indicates a "very high" wildland fire susceptibility index (please see enclosed Map 7). The solar facility has a very minimal chance of igniting a wildfire. Should the surrounding area catch fire and spread to the solar facility, the racking and panels will melt rather than provide fuel to the fire. The existing drive should provide adequate access for the fire department. Section 7-207. Natural and Geologic Hazards The "Slope Hazard Study Areas 1, 2, & 3" indicates that the subject property has a "Major Slope Hazard" zone in the southeast portion of the subject lease parcel. There is also a finger of "Moderate Slope Hazard" which runs east/west through the subject lease parcel (please see the enclosed Slope Hazard Map). The solar facility will be - y be, Clear: Emargy Collect:ye a neap adPa :n power gencrartor: ccopenaanve varnore Mat butlds and coprantaa-: ocntrareoa cacon ocnaP:-:.jcae, amnc: !sic:alit:pa .:noa cma:mannv kvad go ahead. power up. Clean Energy COLLECTIVE, 3005 Center Green Drive, Suite 205, Boulder, CO 80301 11 phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Clean Energy COLLECTIVE supported by piles driven into the ground, which can be adjusted in depth to accommodate any slope conditions. Minimal grading will be required to install the solar arrays. The area proposed for the solar facility is not a known natural or geologic hazard area. There is a former landfill on land adjacent to the proposed solar facility; however, none of the land from the former landfill will be included within the solar facility lease area. Section 7-208. Reclamation CEC will re -vegetate any areas that sustain damage during construction. A seed mixture recommended by Steve Anthony, Garfield County Vegetation Manager will be applied to any areas where grass damage occurs. CEC will coordinate a site visit with Mr. Anthony as the construction phase is nearing completion to assess areas for re -vegetation. Section 7-301. Compatible Design The surrounding properties are primarily agricultural and larger -acreage residential. The proposed location is surrounded by land owned by the James family. The solar power generation facility is buffered from surrounding properties by open land. Section 7-302. Off -Street Parking and Loading Standards There will be adequate on-site parking for construction activity, within the lease area. There are also adequate parking areas within the proposed solar facility for the routine maintenance technician, who will normally visit the site 1 to 2 times per year. This technician will drive a standard sized pick-up truck. Section 7-303. Landscaping Standards Where possible, CEC will work with the existing vegetation on the site, and if additional landscaping materials are needed, the native vegetation found on site will be mimicked to better ensure successful plantings. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed solar facility, other than a small lamp on each of the inverter cabinets. No lighting from the proposed facility will be emitted beyond the lease area. Section 7-305. Snow Storage Standards The will be adequate area for snow removal and storage within the lease area. Section 7-306. Trail and Walkway Standards It is doubtful that Garfield County will want a trail or walkway connection, since this site is remote and not connected to the trail and sidewalk network. Should a trail or walkway be required, a discussion will be held between the property owner, CEC, and staff from Garfield County. !he Cle311 Energy Cjedieg*yve :y a nyr2,,,,-• in povqer gerigraTion. A thw.- Eiticfsndelieratei; go ahead. power up. Clean Energy COLLECTIVEr, 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com HWY 82 CARBONDALE SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN VICINITY MAP SUNNY SIDE RANCH SITE 11111141111110111016 0 MI 1 MI 2 M1 LINE TABLE LINE BEARING LENGTH L1 S 78'20'46" E 39.87' L2 S 6927'46" E 73773' L3 S 74°928" E 8748' L4 S 8234'16" E 9338' L5 S 71'33'37" E 74.67' L6 S 853355" E 775.93' L7 N 872735" E 81.84' L8 N 84530" E 80.17' L9 N 83362" E 776.33' L10 N 893237" E 247.55' 111 S 84°44'31" E 78738' L12 N 885076" E 752.57' L13 N 82°955" E 5707' L14 N 75°9'29" E 7723' L75 N 05322" E 790.96' L16 N 24'6'17" E 203 27' L17 N 0293" E 1.87' 178 N 89'30'57" W 55.76' L19 N 0°29'0" E 750.00' L20 S 89°47'58" E 56. 71' 121 N 0'4'0" E 749.82' L22 S 89°47'59" E 56.77' L23 N 0°4'1" E 149.82' L24 S 8930'56" E 55.62' L25 N 029'0` E 150.00' L26 N 4037'42" E 96.25' L27 N 4034'27" E 69.79' L28 N 58°75'42" E 40.10' L29 N 25:9'78" W 75.87' L30 N 35°33'42" E 338.02' L31 N 75621" E 49.82' L32 S 39°49'48" W 734.36' L33 N 88°320" W 765.25' 1.34 S 160.77' L35 W 792.77' L.36 5 735.62' irt fi T IMMO GARFIELD COUNTY ASSESSOR PARCEL NO. 2393-257-00-757 Nr GARF/ELD COUNTY ASSESSOR PARCEL NO. 2393-251-00-144 1 SECTIbN 25 T.7S.,R.88N.,6TH P.M. GARFIELD COUNTY ASSESSOR PARCEL NO. I. 2391-302-02-00 GARFIELD COUNTY ASSESSOR PARCEL NO. 2391-302-02-004 GARFIELD COUNTY ASSESSOR PARCEL NO. 2391-302-00-025 N89:590"1/1/ 27777' 2714.37' GARFIELD COUNTY ASSESSOR PARCEL N0. 2397-302-00-004 GCA PARCEL NO. 2391-302- 00- 023 SECT!' N 30 T.7S.,R.87 .,6TH P.M. GARFIELD COUNTY ASSESSOR PARCEL NO. I 2391-301- 00- 028 1390.69' 1323.68' SITE ACCESS OFF OF-----_____ COUNTY ROAD 100 ONp00)� ENTRY GATE /'/ p - ON Y ROPo �oU GARFIELD COUNTY ASSESSOR PARCEL 2391-303-00-037 PARCEL 8 35.009 ACRES +/ XISTING HOLY CROSS ENERGY SINGLE PHASE MEDIUM VOLTAGE LINE (OH) GARFIELD, COUNT ASSESSOR PARCEL 710 2391-304- 00-010 I 5880320'E 7042.41' EXISTING STRUCTURES 145 FT' &375 FT' GARFIELD COUNTY ASSESSOR PARCEL NO. 2393-254-00-265 \`EXISTING GRAVEL SITE ACCESS ROAD 16.5' WIDE swi SECTION 30 T.7S.,R.87W.,6TH P.M. GARFIELD COUNTY ASSESSOR PARCEL 2391-303-00-037 PARCEL A 35.007 ACRES +/- EXISTING / EXISTING DIRT ROA' 10' WIDE 1012.21' GARFIELD COUNTY ASSESSOR PARCEL NO. 2397-303-00-007 646.44' CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C7 142.69' 1183.26' 71.43' 142.61' S 5252'0" E 65434" C2 14740' 1554.05' 73.75' 147.34' S 34'48'13" W 526'4" C3 72544' 673.26' 62.90' 125.26' S 46'36'2" W 104032" C4 74.30' 673.23' 37.79' 74.26' S 55'6'0" W 67924" 0'5 34.78' 23.90' 27.29' 31.79' N 76°3227" E 832331" C6 124.64' 117.66' 68.89' 118.89' S 572'52" W 60'41'40" filkar OHP OHP OHP -----OHP ■ COMMUNITY SOLAR GARDEN AREA (DIAGONAL HATCH) 11.486 ACRES +/- EXISTING LIVESTOCK FENC TO BE REMOVED ALONG SOLAR GARDEN FENCE LINE S89 30 57'E GARFIELD COUNTY ASSESSOR PARCEL NO.' 2397-303-00-019 REC. NO. 557274 60867' GARFIELD COUNTY ASSESSOR PARCEL NO. 2391-303-00-034 EXISTING HOLY CROSS ENERGY OVERHEAD LINE TO BE REMOVED -L22 GARFIELD COUNTY ASSESSOR PARCEL NO. 2391- 303-00- 020 REC. NO. 557273 GARFIELD COUNTY ASSESSOR PARCEL N0. 2397-303-00-021 N88 03'79 "W 745.85' EXISTING HOLY CROSS ENERGY 3 PHASE MEDIUM VOLTAGE LINE (OH) GARFIELD COUNTY ASSESSOR PARCEL NO. 2391-303-00-022 L18 OHPOHP r� GARFIELD COUNTY ASSESSOR PARCEL NO. 2393-254-00-285 OHP L1 f2 L`J L 4 --- .. =i.r-----� GARFIELD COUNTY ASSESSOR PARCEL 2391-303-00-037 PARCEL C 35.007 ACRES +/- L9 L70 L17 L12 L13 L GARFIELD COUNTY ASSESSOR PARCEL N0. 2397-303- 00-012 GARFIELD COUNTY ASSESSOR PARCEL NO. 2393-303-00-015 XISTING HOLY CROSS ENERGY OVERHEAD LINE TO BE REMOVED GARFIELD COUNTY ASSESSOR PARCEL NO. 2393-361-00-005 SITE PLAN OVERVIEW SCALE: 1" = 200' 0 W CD > (jL W C iO J _a 0 UU DRN. BY ICHK. B Lu 1- 0 DESCRIPTION Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 _w > 0 z J 0 w 1- r U a) 5 0 n> O Z 4) a) !s co (Sheet No. Pv 1.0 JWL JWL 3/20/14 4/7/2014 5/19/2014 O r CV r C C Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 _w > 0 z J 0 w 1- r U a) 5 0 n> O Z 4) a) !s co (Sheet No. Pv 1.0 2 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN PHOTOVOLTAIC SYSTEM AREA - 11.486 ACRES SYSTEM SIZE - 1.7919 MEGAWATTS 513'-9" 4 t\ PARCEL A '1' 35.007 ACRES +/— , 1 I XIST1NG GRAVEL ir ROAD- 16.5' WIDE XISTING DIRT ROAD 10' WIDE PERIMETER FENCE 6 FOOT GAME TYPE TYP HANWHA PV MODULES 0 SINGLE -AXIS TRACKER RACK EQUIPMENT PAD & HOLY CROSS TRANSFORMER LOCATION NEW HOLY CROSS ENERGY PHASE MEDIUM VOLTAGE (UG) ___--GRAVEL EQUIPMENT ACCESS ROAD - 15 WIDE — 20' SITE ACCESS GATE HOLY CROSS ENERGY VAULT EW HOLY CROSS ENERGY 3 PHASE MEDIUM VOLTAGE LINE (OH) BETWEEN THESE TWO POINTS GROUTING IS APPROXIMATE) r — XISTING HOLY CROSS ENERGY 3 PHASE MEDIUM VOLTAGE LINE (OH) FROM THIS POLE TO THE WEST OLY CROSS ENERGY OVERHEAD TO UNDERGROUND TRANSITION HERE ONP�� OHP- 11 OHP POHP — _ OHP�� ONF� ONp'� OHP SITE PLAN - 1.79 MW SYSTEM SCALE: 1/128" = 1'-0" 12' BETWEEN SOUTH FENC AND TOP OF SLOPE MIN FOR 4X4 ACCESS PARCEL C 35.007 ACRES +/- e > W CD (L W I— C u — CU w (13 _(1) 0 UU DRN. BY ICHK. B w 1- 0 z O 1— a w 0 w Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 2 Lu H co z } cc CDJ w1� 73 7) r 0) C (0 1. 0 ■ O z a) a) ✓ (n co� N O CO N co 7r 0o rn co Fr - O -Q 1_ (o W o U Sij L: O <n (o0) c C a) a)2 � O cl N � CD (Sheet No. PV 1 .1 JWL JWL JWL JWL 3/20/14 4/7/2014 5/29/2014 6/6/2014 O. r r r N r ch r Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 2 Lu H co z } cc CDJ w1� 73 7) r 0) C (0 1. 0 ■ O z a) a) ✓ (n co� N O CO N co 7r 0o rn co Fr - O -Q 1_ (o W o U Sij L: O <n (o0) c C a) a)2 � O cl N � CD (Sheet No. PV 1 .1 SITE HIGH POINT ELEVATION - 6140 FT SITE LOW POINT ELEVATION - 6094 FT SITE AREA - 508,637 FT2 - 11.677 ACRES '5, -------------6085- -----\ CONTOUR MAP SCALE: 1/64" = 11-0" / 0 } z 0 W H a 0 DESCRIPTION z W ON I..L cC ON I..L cC J 0 > z O U 2 U z 0 >z z D Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 cC 2 D 0 H z 0 U 0) c L 0 0 0 z N O co 7r 0 o a) f- 0 .Q 1 co W o . 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BY 1CHK. B� (REV.I DESCRIPTION z 0 0 J 0 > z D 0 U 2 U z cC 0 > z z 3 Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 0 Q(/) az I— 0 Z~ 2j ENER OCLASIVal lfeelealiainvr June 3, 2014 Mr. Richard Miller, AICP - Land Manager Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80301 RE: Land Disturbance Calculation Sunnyside Ranch Community Solar Array Carbondale CO Dear Mr. Miller: 1437 Larimer St. Denver, CO 80202 720.473.3131 sean.ohearn@enertiacg.coml7 This letter is intended to provide information regarding the need for Garfield County storm water permitting and/or a CDPHE Construction Storm Water Discharge Permit for the Clean Energy Collective (CEC) Community Solar Installation located adjacent to the former Carbondale landfill on Catherine Store Road (the Project). The Project includes installation of: solar panels mounted on precast concrete foundations; pad mounted transformer and inverter for the solar development; overhead and underground three phase electric transmission lines; a 20' wide gravel access drive; and a perimeter fence with gate. The Project does not require clearing, grubbing or grading of the existing ground surface. Land Disturbance Activities Site improvements include installation of solar energy conversion system components (solar arrays, transformer/inverter and electric transmission) and an all-weather surface access drive. Solar Energy Conversion System - Installation of the 12 acre solar energy conversion system will include: solar arrays placed on +/-2,400 steel I-beam foundations, an inverter and transformer placed on concrete foundations, 1,000 linear feet of below ground electric transmission line and 600 linear feet of overhead electric transmission line. Access Driveway — An all-weather, 335 linear foot gravel surface access drive (20' wide) will extend from the existing landfill perimeter road west toward the center of the planned solar garden and then north to the Phase I inverter/transformer pad area. The access drive components (4" Class 5 or 6 gravel placed over 8" aggregate base course recommended) will be placed over the existing landfill cap surface and shall be capable of handling a load of 85,000 lbs. Mr. Richard Miller, AICP Page 2 Land Disturbance Quantities Based on our calculations, a total of approximately 9,850 square feet (0.23 acres) will be disturbed installing the access drive (6,600 sf.), foundations for the solar array system (steel 1 - beam foundations driven into the ground), two transformer pads (200 sf.) and two inverter pads (450 sf.), and (2,600 sf.) for the below grade electric transmission line. Soil cutting, filling or stockpiling will not be required. Of the disturbed areas, only 7,250 sf. (650 sf - concrete pads and 6,600 sf. — access drive) will result in a decrease in ground surface perviousness. In accordance with CDPHE storm water management and grading requirements, land disturbance and earth movement thresholds are not met since the total disturbance is less than 1 acre (43,560 sf.). Further, since less than 10,000 sf. of the ground surface will decrease in perviousness, Garfield County storm water runoff thresholds are not met. Please let me know if you have any questions regarding this matter. I've attached a CDPHE storm water fact sheet that provides additional information regarding state storm water discharge permitting. Sincerely, ENERTIA CONSULTING GROUP, LLC • Sean O'Hearn, PE, PG Managing Partner attachment STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division — Stormwater Program STORMWATER FACT SHEET — CONSTRUCTION Contact information Colorado Department of Public Health and Environment Telephone: (303) 692-3517 Water Quality Control Division — Stormwater Program Email: cduhe.wastormnu,state.co.us WQCD-Permits-B2 Web Page: www.cdphe.state.co.us/wq/PermitsUnit 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Contents A. Introduction 1 B. Obtaining Regulatory Coverage 2 1. Do you need a Permit? 2 a. Applying for a Permit 3 b. Options: Small Construction Sites 3 i. Qualifying Local Programs 3 ii. R -Factor Waiver 3 2. Who May Apply? 3 C. Permit Requirements 4 D. Local Stormwater Requirements 5 E. Amending Your Permit Certification 5 F. Ending Your Permit Coverage 5 G. Multiple Owner/Developer Sites 6 1. Permit Coverage 6 2. Permit Compliance 8 H. Sale of Residence to Homeowners 9 I. Construction Dewatering 10 J. Concrete Washout 10 A. INTRODUCTION Look for this symbol throughout this guide for brief summaries of the most important information you need to know about stormwater permitting for construction activities. Then read further if you want more details. In 1992, the State of Colorado stormwater regulation went into effect to control municipal and industrial stormwater discharges, based on EPA regulations. The regulation is meant to reduce the amount of pollutants entering streams, rivers, lakes, and wetlands as a result of runoff from residential, commercial and industrial areas. The State regulation (5 CCR 1002-61) covers discharges from specific types of industries including construction sites, and storm sewer systems for certain municipalities. In Colorado, the program is under the Colorado Depaitment of Public Health & Environment, Water Quality Control Division (the Division). The Colorado program is referred to as the Colorado Discharge Permit System (CDPS), and regulated stormwater discharges from construction activities are covered under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the Stormwater Construction Permit). Construction activities produce many different kinds of pollutants which may cause stormwater contamination problems. The main pollutant of concern at construction sites is sediment. Grading activities remove grass, rocks, pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is then easily picked up by wind and/or washed away by rain or snowmelt. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those from forest lands. During a short period of time, construction activity can contribute more sediment to streams than would normally be deposited over several decades, causing physical, chemical, and biological harm to our State's waters. The added sediment chokes the river channel and covers the areas where fish spawn and plants grow. Page 1 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit Excess sediment can cause a number of other problems for waterbodies, such as increased difficulty in filtering drinking water, and clouding the waters, which can kill plants growing in the river and suffocate fish. A number of pollutants, such as nutrients, are absorbed onto sediment particles and also are a source of pollution associated with sediment discharged from construction sites. In addition, construction activities often require the use of toxic or hazardous materials such as fuel, fertilizers, pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may also pollute stormwater. These materials can be harmful to humans, plants and aquatic life. This Fact Sheet provides general guidance for compliance with the CDPS permitting requirements for stormwater discharges from construction activities. The Division reserves the right to interpret the permitting requirements on a case-by-case basis, as necessary. B. OBTAINING REGULATORY COVERAGE FOR CONSTRUCTION SITES You must obtain permit coverage (or an R -Factor waiver) to discharge stormwater from any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre). The owner or operator must apply for coverage under the Stormwater Construction Permit at least 10 days prior to the start of construction activities. The application is available from the Division's web page. 1) Do you need to obtain coverage under the Stormwater Construction Permit? Construction Sites that disturb one acre or greater, or are part of a larger common plan of development disturbing one acre or greater, are covered under Colorado's stormwater permitting requirements. Generally, permit coverage is required, as discussed in Part B.1.a, below. However, additional options may exist if your project or plan of development will disturb less than 5 acres (Small Construction Site), as discussed in Part Bib, .b, below. If permit coverage is required, or a waiver applied for, it must be maintained until the site is finally stabilized. Is it part of a larger common plan of development or sale? "A common plan of development or sale" is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules. Examples include: 1) phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate owners (e.g., a project where developed lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. Disturbance associated with utilities, pipelines, or roads that are constructed for the purpose of serving a facility, are considered together with that facility to be part of a common plan of development. However, adjacent construction of trunk lines or roads that are part of a regional network and not directly associated with the facility construction, are not usually considered to be part of the common plan for that facility. Note that permit coverage or an R -Factor waiver is still required for each individual project (facility or adjacent construction activity) that disturbs one or more acres. What is the total estimated area of disturbance? The area of disturbance is the total area at the site where any construction activity is expected to result in disturbance of the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to, clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads, staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. "Finally Stabilized" means that all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Re -seeding alone does not qualify. Page 2 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit a) Applying for a permit Application for coverage under the Stormwater Construction Permit must be made at least 10 days prior to the start of construction activities, unless the site is a Small Construction Site that qualifies for an alternative option discussed in B.1.b, below. An application, which includes guidance on developing a Stormwater Management Plan (SWMP), is available from the Division. The SWMP must be completed prior to application. See Section C, "Permit Requirements," for further information. If your application is complete, it will be processed and your permit certification mailed to you. The Stormwater Construction Permit certification must be inactivated once the site has been finally stabilized, in order to end permit coverage and billing. An inactivation form is supplied with the permit certification. b) Additional Options for Small Construction Sites (at least 1 acre, but less than 5 acres of disturbance) The following options may apply to Small Construction Sites that disturb less than 5 acres, and are not part of a larger common plan of development exceeding 5 acres.. (Regardless of which option applies at the State level, all local requirements must still be met as discussed in Section D, below.) The options discussed under Parts b.i and b.ii below are not available for Large Construction Sites. i) Obtain coverage under a State -designated Qualifying Local Program (Available for Small Construction Sites only) The Division may designate a local municipality's stormwater quality control program as a Qualifying Local Program. This means that the local program's requirements are at least as stringent as the State permit. In this case, it is not required for the owner or operator to apply for permit coverage under the Stormwater Construction Permit. The local municipality will be responsible for notifying you that you do not need to apply for State coverage, if this is an option. You can also view a list of the few municipalities with Qualifying Local Programs at the Division's web page (see first page for web address). The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a local program in place does not necessarily mean that it is a qualifying program and that the Division's Stormwater Construction Permit application is not required. ii) Apply for coverage under the R -Factor Waiver (Available for Small Construction Sites only) The R -Factor waiver allows a site owner or operator to apply for a waiver from coverage under the Division's Stormwater Construction Permit, if the R -Factor, calculated using the State -approved method, is less than 5 during the period of construction. The R -Factor is a way to measure erosion potential based on the length of the project and time of year. An application with instructions for using the State -approved method is available from the Division's web page (see first page for web address). In general, the only projects that will qualify for the waiver are projects that are completely stabilized within a month or two after the start of construction. That means that projects relying on seeding for revegetation will usually not qualify for the waiver, because the vegetation must be established before the site is considered stabilized. During the spring and summer months, when Colorado experiences the bulk of its rainfall, many projects will not qualify at all for the waiver. In addition, the Division will not grant waivers for construction sites located in areas where snow cover exists at, or up gradient of, the site for extended periods of time, if the construction site will potentially remain active and unstabilized during spring runoff. This waiver does not relieve the operator or owner from complying with the requirements of local agencies, such as meeting local stormwater quality requirements, including those required by a Qualifying Local Program as discussed in Section B.1.b.i, above. Page 3 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 2) Who may apply for permit coverage? The Permit applicant must be a legal entity that meets the definition of the owner and/or operator of the construction site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to- day supervision and control over activities at the site and implementation of the SWMP. Although it is acceptable for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below, the applicant remains liable for violations resulting from the actions of their contractor and/or subcontractors. Examples of acceptable applicants include: • Owner or Developer - An owner or developer who is operating as the site manager or otherwise has supervision and control over the site, either directly or through a contract with an entity such as those listed below. • General Contractor or Subcontractor - A contractor with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. • Other Designated Agents/Contractors - Other agents, such as a consultant acting as construction manager under contract with the owner or developer, with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. An entity conducting construction activities at a site may be held liable for operating without the necessary permit coverage if the site does not have a permit certification in place that is issued to an owner and/or operator. For example, if a site (or portion of a site) is sold or the contractor conducting construction activities changes, the site's permit certification may end up being held by a permittee (e.g., the previous owner or contractor) who is no longer the current owner and/or operator. In this case, the existing permit certification will no longer cover the new operator's activities, and a new certification must be issued, or the current certification transferred. See Section F, below, for additional guidance on scenarios with multiple owners and/or operators. Utilities, Other Subcontractors, etc.: A separate permit certification is not needed for subcontractors, such as utility service line installers, where the permittee or their contractor is identified as having the operational control to address any impacts the subcontractor's activities may have on stormwater quality. Although separate permit coverage may not be needed in some cases, these entities are not exempt from the stormwater regulations for all of their projects and may still be held liable if their activities result in the discharge of pollutants. Leases: When dealing with leased land or facilities, the lessee shall be considered the "owner" for the purposes of stormwater permitting if they are responsible for the activities occurring at the site. C. PERMIT REQUIREMENTS The primary requirement of the Stormwater Construction Permit is the development and implementation of a Stormwater Management Plan (SWMP). The permit application includes guidance that must be followed for development and implementation of the SWMP. Permit requirements are the same for both Small and Large Construction Sites. The Stormwater Construction Permit requires dischargers to control and eliminate the sources of pollutants in stormwater through the development and implementation of a Stormwater Management Plan (SWMP). The purpose of a SWMP is to identify possible pollutant sources that may contribute pollutants to stormwater, and identify Best Management Practices (BMPs) that, when implemented, will reduce or eliminate any possible water quality impacts. For construction activities, the most common pollutant source is sediment. Other pollutant sources include fuels, fueling practices and chemicals/materials stored on site, concrete washout, etc. BMPs encompass a wide range of practices, both structural and non-structural in nature, and may include silt fence, sediment ponds, vehicle tracking controls, good housekeeping, inspection and maintenance schedules, training, etc. The SWMP is not submitted with the permit application unless requested. An up-to-date copy of the SWMP must be kept on site, for use by the operator, and so that Division, EPA, or local inspectors can review it during an inspection. If an office location is not available at the site, the SWMP must be managed so that it is available at the site when construction activities are occurring (e.g., by keeping the SWMP in a superintendent's vehicle.) Further information concerning the contents of the SWMP can be found in Appendix A of the application, "Preparing a Stormwater Management Plan." This document and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 4 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit D. LOCAL STORMWATER REQUIREMENTS FOR CONSTRUCTION Where local requirements exist for stormwater management, an owner/operator must comply with both the Division's and the local agency's requirements. In addition to the requirement to obtain and comply with the Division's Stormwater Construction Permit, it is possible that additional government agencies (i.e., cities, counties, and special districts) may impose local requirements to control the discharge of pollutants from construction activities. An owner or operator of a construction activity must comply with the Stormwater Construction Permit requirements discussed in this Fact Sheet, even if they are also covered by a local program's requirements. (However, in the case of a Qualifying Local Program, as discussed in Section B.1.b.ii, some administrative requirements for the Stormwater Construction Permit may be simplified.) Likewise, the Stormwater Construction Permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater. Where a local program places additional restrictions on stormwater management at a construction site within its jurisdiction, the owner/operator must comply with those stricter requirements in addition to the Division's permitting requirements. For example, although the Division allows several options for permitting at multiple owner/operator sites, a local authority may restrict these options and require specific procedures to be followed for who maintains permit coverage and authority for stormwater discharges. MS4 Permits Many cities, counties, and special districts are covered by a Municipal Separate Storm Sewer System (MS4) permit. These permits require the governmental entity to implement various programs to improve stormwater quality in their jurisdiction. Included in these permits is the requirement to implement a program to manage the discharge of pollutants from construction sites within their jurisdiction. Therefore, if a construction site located within the jurisdiction of one of these government entities does not properly manage stormwater at that site, the government entity may be in violation of their permit in addition to the construction site owner and operator. E. AMENDING YOUR PERMIT CERTIFICATION This section is only applicable if the limited information on the construction project submitted in the two- page application form changes. In such case, it may be necessary to provide the Division with revised information. If the information provided by the permittee in their two-page application form is no longer accurate, the permittee must provide the revised information to the Division. This includes such items as the planned total disturbed acreage, and the project legal description or map originally submitted with the application. (Note: it is not necessary to revise the anticipated final stabilization date, since the information provided was only an estimate.) To revise this information, provide a letter to the Division's Stormwater Program (see the contact information on page 1) that includes the revised information. The Division will not respond to this letter, so you are advised to obtain delivery confirmation from your postal service to confirm receipt. When the Stormwater Management Plan is revised, as required by the Stormwater Construction Permit, it is not necessary to notify the Water Quality Control Division. When BMPs or other site details discussed in the SWMP are modified, the SWMP must be updated to accurately reflect the actual field conditions. Examples include, but are not limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items included in the site map and/or description. However, this information is not submitted to the Division, unless requested. F. ENDING YOUR PERMIT COVERAGE A Stormwater Construction Permit certification remains active until inactivated, or transferred or reassigned to a new responsible party. Forms for inactivation, transfer or reassignment of a permit certification can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 5 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 1) Inactivation notice Permit coverage for a site that has been finally stabilized in accordance with the SWMP (see definition in Section B.1, above), may be inactivated by submitting a completed Inactivation Notice form. This form contains a certification statement that must be signed in accordance with the General Requirements of the permit. Also, the permittee may inactivate permit coverage at sites where all areas have been removed from their permit coverage, by one or more of the methods below: • reassignment of permit coverage (see Section F.3); • sale to homeowner(s) (see Section H); and/or • amendment by the permittee, as discussed in Section E, above for areas where permit coverage has been obtained by a new operator (see Part G.1, below) or the area is returned to agricultural use (see the Division's Oil and Gas Construction Fact Sheet). In these cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Submittal of an Inactivation Notice is still required and must discuss how the above conditions have been met. 2) Transfer of permit Permit coverage for a construction site may be transferred to a new entity when responsibility for stormwater discharges at the site changes from the permittee to the new entity. To transfer permit coverage, the permittee must submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the transfer form, the permit certification may be inactivated if the permittee has no legal responsibility for the construction activities at the site, requests inactivation in written correspondence to the Division, and submits a completed Inactivation Notice form. 3) Reassignment of permit Permit coverage for a specific portion of a permitted site may be reassigned to a new entity when a permittee no longer has control of that portion of the site, and wishes to transfer coverage of that portion to a second party. To reassign permit coverage for a specific portion of a permitted site, the permittee must submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the reassignment form, the specific portion of the site may be removed from permit coverage if the permittee has no legal responsibility for the construction activities at the portion of the site, and a written request (including contact information for the new entity) is submitted to the Division. G. PERMITTING FOR DEVELOPMENTS WITH MULTIPLE OWNERS AND/OR OPERATORS For situations where multiple entities meet the definition of owners and/or operators for different portions of a development (e.g., a single development with multiple lots being owned and operated by separate entities), extra care must be taken to ensure that proper permit coverage is maintained and that stormwater management practices are correctly documented and implemented. Local stormwater quality programs may have differing requirements for who must maintain permit coverage, and what actions must occur when permitted areas and/or activities change. Construction site owners and operators must ensure that their actions do not result in violations of local program requirements. Refer to Section D for additional information. 1) Permit Coverage for Multiple Owner/Operator Development When a portion of a permitted site is sold to a new owner, a permit certification must be in place that is • held by an entity meeting the definition of owner and/or operator of the sold area (see the discussion in Section B.2, above). This may be accomplished in one of the following ways: Page 6 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit a) Coverage Under the Existing Certification — Activities at the sold area may continue to be covered under an existing permit certification for the project if the current permittee meets the definition of operator for the sold area. To meet the definition of operator, the current permittee must have contractual responsibility and operational control to address the impacts that construction activities at the sold area may have on stormwater runoff (including implementation of the SWMP for the sold area). Therefore, a legally binding agreement must exist assigning this responsibility to the current permit holder on behalf of the new owner and/or operator for the sold area. It is not necessary to notify the Division in such case. However, documentation of the agreement must be available upon request, and the SWMP must be maintained to include all activities covered by the Stormwater Construction Permit. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan for Builder Bob's lot. Developer Dan is also responsible for making sure his SWMP includes the activities on the sold lot. Developer Dan's permit certification will continue to cover construction activities on Builder Bob's lot. b) New Certification Issued — Reassignment — A new permit certification may be issued to the new owner and/or operator of the sold area. The existing permittee and the new owner and/or operator must complete the Reassignment Form (available from the Division's web page, see page 1) to remove the sold area from the existing permit certification and cover it under a certification issued to the owner and/or operator of the sold area. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder Bob must jointly submit the Reassignment Form. Builder Bob will be issued a new permit certification for his lot and the lot will be removed from Developer Dan's permit coverage. Prior to submittal of the Reassignment Form, Developer Dan must revise his SWMP to reflect the changes in his covered area and activities, and Builder Bob must develop his own SWMP to cover the area and activities he will obtain coverage for. c) Amend Existing Permit Certifications — In some cases, both parties (the original owner/operator and the new owner/operator of an area undergoing transfer of ownership or operation) will already both be permit holders for their portions of the overall project (i.e., at least two permit certifications are issued for the project and cover both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area is transferred between the two parties, the permittees may simply amend their permit certifications instead of completing the Reassignment Form. Both parties must separately complete the procedures discussed in Section E to amend their permit coverage, removing the applicable area(s) from the original owner/operator's permit coverage, and adding the area(s) to the new owner/operator's permit coverage. The requests must cite both permit certification numbers. (Note: this request may be submitted jointly if it is signed by both entities.) This option will likely be used in cases where a developer and an owner have already submitted a Reassignment Form, as discussed in Part b, above, where an initial transfer of lots has occurred, and then additional lots are transferred at a later date. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. In addition, Builder Bob also holds a permit certification for other portions of the development which he already owns, and Builder Bob wishes to cover his new lot under this certification. Developer Dan submits a request to remove the lot from his permit certification and provides Builder Bob's permit certification number that the lot will now be covered under. Builder Bob also submits a request to modify his permit certification to add the lot, and provides Developer Dan's permit certification number under which the lot was previously covered. Developer Dan and Builder Bob must revise their SWMPs to reflect the changes in their covered area and activities. Page 7 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 2) Permit Compliance for Multiple Owner/Operator Development As a permittee, the most important concept for projects where multiple entities are involved is: if activities within your permitted area result in pollution of stormwater, are the entity responsible for ensuring that those pollutants are properly managed. 1Permittees are responsible for complying with the Stormwater Construction Permit requirements for the 1 areas and activities for which they have permit coverage, and for all BMPs they are relying on to comply with the permit. Properly addressing and documenting the responsibility of various parties at a construction site will help protect an entity from liability in the case where another party's actions result in failure of BMPs. a) Pollutants from Outside the Permitted Area: 11._)A permittee may be held liable for pollutants that pass into and are then discharged from their permitted • area or that result from another entity's activities. Specifically, a permittee may have responsibility to ensure proper implementation of BMPs to control stormwater discharges from their permitted area, even if another entity is contributing pollutants. The Stormwater Construction Permit requires the permittee to ensure the implementation of BMPs which will be used to control the pollutants in stormwater discharges associated with construction activity from their permitted area. Therefore, a permittee may be responsible for adequately implementing and maintaining BMPs that are providing treatment for pollutants originating outside of their permitted area or from another entity's activities. An example is when a permittee's property is being used by a separate entity for construction activities (e.g., loading and unloading, site access, materials storage, etc.), or BMPs located on the permittee's property are being relied on to treat stormwater runoff from another site. This scenario is common when a developer sells off lots to a builder. As a practical matter, what most often occurs is that the developer must allow the builder to use the developer's infrastructure (e.g., roads, storm drains, ponds, etc.) for activities and BMPs that cannot realistically be limited to the builder's property. In this case, the developer remains a liable party (in addition to the builder) to ensure that proper stormwater management is implemented for the project. Permit coverage may instead be assigned to the builder for this infrastructure, if the builder has been designated as the operator of the area for stormwater quality purposes (See Section B.2). However, this may not always be practical when multiple builders are operating in an area or when the developer is still performing their own construction activities. Refer to the Liability and Example sections, below, for further guidance. b) BMPs Located Outside the Permitted Area: If a permittee will be relying on BMPs that are outside of the area they own and/or operate, the specific actions listed below must be taken to ensure compliance with the Stormwater Construction Permit. The permittee is responsible for ensuring the proper managment all pollutants from their permitted area. Even if the BMP are implemented by another party, the permittee may still be liable if their pollutants are eventually discharged. The permittee is responsible for ensuring the operation and maintenance of all BMPs that are used to control pollutants that originate from their activities, even if the BMPs are located outside of the area owned and/or operated by the permittee. For example, a builder may only have ownership of a single lot, but may have to rely on BMPs that are located off of their lot and on a developer's property to adequately manage stormwater runoff, such as inlet protection that is on the developer's streets. If a permittee will rely on BMPs that are outside the area that they own and/or operate, the following measures must be taken: i) Any off-site BMPs must be documented in the permittee's SWMP. This includes structural BMPs (e.g., inlet protection and sediment ponds) and non-structural BMPs (e.g., concrete wash out areas and street sweeping). By including the BMPs in the SWMP, the permittee can effectively include the practices under their permit coverage. In such cases, the same off-site BMPs may actually be included in two or more parties' SWMPs. Page 8 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit ii) The permittee must have adequate permission from the land and/or BMP owner(s) to utilize the off-site conveyances and BMPs and to ensure proper maintenance and operation. The permittee must be able to provide evidence of this agreement upon request. iii) The off-site BMPs must be operated and maintained in accordance with the SWMP(s) and must control the discharge of pollutants. It may be necessary to enter into agreements with other parties to ensure operation and maintenance of these BMPs. Regardless of who actually carries out the operation and maintenance of a BMP, all permittees who make use of the BMP to control pollutants from their construction activities remain liable if the BMP is not adequately operated and maintained. iv) All BMPs must be located prior to discharge to surface waters or municipally -owned storm sewer systems. Liability: In the above examples, to reduce liability, the developer and builder should communicate on stormwater management issues and document who will be responsible for specific BMPs (e.g., who will maintain inlet protection and implement street sweeping). If BMPs are not being adequately implemented by the party defined as responsible, the other party should take the necessary action to ensure pollutants originating from, or passing through, their permitted area are properly controlled. It is recommended that stormwater management responsibilities be addressed in contracts or other legal agreements between applicable owners and operators for construction sites where one party's actions may impact another party's permit compliance. These legal agreements will both help define roles and responsibilities at a multi owner/operator site, and also may be used to seek damages from a contractor if monetary penalties are issued to a permittee for permit violations. Example: Developer Dan sells a lot to Builder Bob. Following the procedures discussed in Section G.1.b or c, above, Builder Bob obtains separate permit coverage for his new lot, ending at the curb line. Because the site infrastructure is being utilized by several different builders at the project, Developer Dan maintains permit coverage for the streets, storm drain system, and a large retention pond that is designed and implemented as a BMP to manage pollutants from construction activities at the development (including Builder Bob's lot). In addition to the large pond, inlet protection is also being used to protect storm sewer inlets located on Developer Dan's roads, and street sweeping is occurring to control sediment tracked onto Developer Dan's roads. Builder Bob is relying on the pond, inlet protection, and street sweeping to manage pollutants from his lot, and therefore has included the BMPs in his SWMP, as discussed in Section G.2.b, above. The BMPs are also included in Developer Dan's SWMP because they are being used to control pollutants from property he still maintains control over, as discussed in Section G.2.a, above. In addition, Developer Dan and Builder Bob enter into a contract that clearly defines Developer Dan as being responsible for implementing and maintaining the infrastructure BMPs (i.e., the pond, inlet protection, and street sweeping BMPs), and requires Builder Bob to implement additional BMPs on his lots, such as vehicle tracking control and construction waste management. If the infrastructure BMPs are not properly operated and maintained, or discharges of sediment and/or other pollutants from Builder Bob's lot are not properly controlled and overwhelm the infrastructure BMPs, both Developer Dan and Builder Bob may be in violation of their permits. Therefore, Builder Bob and Developer Dan must both remain diligent in ensuring that conditions of their contract are being met and BMPs operated by both parties continue to be implemented in accordance with their SWMPs. H. SALE OF RESIDENCE TO HOMEOWNERS Residential lots that have been conveyed to a homeowner and that meet the specific criteria below do not require coverage under the Stormwater Construction Permit. In this case, the conveyed lot may be removed from coverage under the permittee's certification, and the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for eventual inactivation of the original certification (see Part F, above). The criteria for these lots are as follows: Page 9 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 1) The lot has been sold to the homeowner(s) for private residential use; 2) the lot is less than one acre of disturbed area; 3) all construction activity conducted by the permittee on the lot is completed; 4) a certificate of occupancy (or equivalent) has been awarded to the homeowner; and 5) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, the permit coverage for the conveyed lot may be transferred or reassigned to a new owner or operator (see Parts F and G.1, above). I. CONSTRUCTION DEWATERING Construction dewatering water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Construction dewatering water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Two options are available for managing uncontaminated Construction Dewatering water on a construction site. Construction Dewatering water discharged from the project site, to surface waters or to storm sewer systems, is considered a process water and requires an industrial process water permit. Applications for dischargers engaged in the dewatering of uncontaminated groundwater from a construction site are available from the Division's web site or by contacting the Division (see first page for address information). Alternatively, Construction Dewatering water may be discharged to the ground if all of the following conditions are met: 1) The discharge and the BMPs are included in the SWMP; 2) Adequate BMPs are included to control stormwater pollution; 3) The discharge does not leave the site as surface runoff or to surface waters/storm sewer systems; and 4) The groundwater being pumped is not contaminated so as to exceed State groundwater standards. If the above conditions are not met, a separate permit (see above) is needed for discharges to the ground and/or surface waters. Further information concerning Construction Dewatering, including what constitutes contamination of groundwater, can be found in the Stormwater Construction Permit and Rationale. These documents and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). J. CONCRETE WASHOUT Concrete Washout water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Concrete Washout water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Concrete Washout water from washing of tools and concrete mixer chutes may be discharged to the ground if all of the following conditions are met: 1) The source is identified in the SWMP; 2) Adequate BMPs are included in the SWMP to prevent pollution of groundwater; and 3) These discharges do not leave the site as surface runoff or to surface waters/storm sewer systems. The use of the washout site should be temporary (less than 1 year), and the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. Concrete washout water must not be discharged to state surface waters or to storm sewer systems. Also, on-site permanent disposal of concrete washout waste is not authorized by this permit. Further information concerning Concrete Washout can be found in the Stormwater Construction Permit and Rationale. These documents can be obtained from the Division's web site or by contacting the Division (see first page for address). Page 10 of 10 Revised 7/07 VICINITY MAP SCALE 1" = 4000't SHEET INDEX: SHEET 01 - COVER SHEET SHEET 02 - SITE PLAN SHEET 03 - TYPICAL SOLAR GARDEN DETAILS SHEET 04 - EROSION CONTROL PLAN SHEET 05 - EROSION CONTROL TYPICAL DETAILS STANDARD NOTES: 1. THE SPECIFIED SOLAR PANELS, RACKING SYSTEM, AND INVERTERS ARE INTENDED TO ILLUSTRATE GENERAL INFORMATION ABOUT THE COMPONENTS OF THE SOLAR FACILITY. COMPONENTS THAT ARE SIMILAR IN APPEARANCE AND FUNCTION MAY BE SUBSTITUTED FOR THE COMPONENTS SPECIFIED OR ILLUSTRATED ON THIS SITE PLAN. THE LOCATION OF THE ARRAYS AND INVERTERS MAY VARY SLIGHTLY FROM WHAT IS DEPICTED ON THIS SITE PLAN, PROVIDED THE INSTALLED COMPONENTS MEET ALL REQUIRED SETBACKS. MAJOR LAND USE IMPACT PERMIT SUNNYSIDE RANCH COMMUNITY SOLAR GARDEN CARBONDALE, COLORADO LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JACKSON, STATE OF COLORADO OVERALL SITE MAP SCALE 1" = 300' PROJECT INFORMATION CARBONDALE PROJECT -11.5 ACRES± 1,7919 KWAC TOTAL MODULES: 6,028 INVERTER: SOLECTRIA PVI 85 KW OR EQUIVALENT GENERAL LEGEND PROJECT BOUNDARY EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR PROPOSED FENCE SETBACK LINE APPLICANT CLEAN ENERGY COLLECTIVE 3005 CENTER GREEN DRIVE, SUITE 205 BOULDER, COLORADO 80301 CONTACT: CHAD ROACH (970) 809-8525 ENGINEER ENERTIA CONSULTING GROUP, LLC 1437 LARIMER STREET DENVER, COLORADO 80202 CONTACT: SEAN O'HEARN, PE, PG (303) 473-3131 z 0 FoW 0 0 0 0 w H 0 0 cn z z 0 1437 LARIMER STREET DENVER, COLORADO 80202 w Z • w -o U� pyo O 8 U ce w rz 0 Z 2 U Z _1O U U COVER SHEET VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 - SCALE DATE MAY 30, 2014 FILE DWG SHEET 1 OF 5 ww Wo. la w z -J rel a w Z FU w O w • Z d' W w Z a Zo 0 w w� u.0 o I- o_Q o Z O z z w a U- E FW zF z� a0 _ zF uJU w w� x oa � 0 O} 0 4 re w0 zLL ( • tea' w¢ oa O z w J O 00 zW aw 2 D w w 2m OF O Z • w 1-0 za W 7 Sc�0 z LL F � W W w Z w 0 re 15' MIN. ARRAY SETBACK 15' MIN. S SOLAR ARRAY (TYP) PROPOSED 6' HIGH GAME FENCE FENCE (TYP) N 6055 SED GATE CESS DRIVE C GENERAL NOTES: 1. LOCATION OF INVERTER PAD AND TRANSFORMER PAD MAY CHANGE BASED ON XCEL REQUIREMENTS. 2. THERE ARE NO PROPOSED AREA GRADING ACTIVITIES. THE PV ARRAYS SHALL BE INSTALLED AT EXISTING GRADE WITHOUT CLEARING OR GRUBBING OF VEGETATION. 3. TREES ARE NOT OBSERVED WITHIN THE PV ARRAY AREAS. IF NECESSARY, TREES AND SHRUBS ARE TO BE REMOVED AS NECESSARY TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING. 0 1 Scale: 1"=40' 40 s0 FEET 20' ACCESS DRIVE 4' GRAVEL WEARING SURFACE GRAVEL ACCESS DRIVE TYPICAL z 0 w 0 a_ w H 0 0 z z co ❑ 1437 LARIMER STREET DENVER, COLORADO 80202 > w -o 0Co U g8U ce w p 0 Z Z D U —1O U U 5 W H U) VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 — SCALE DATE MAY 30, 2014 FILE DWG SHEET 2 OF 5 w LU 7 LL O o2 0 re0 wz F rel 0-Z F0 w a w O w • Z ww LL wo Z a Zo 0 w— w • I- 0 -Q U - 0 0 z z z wa co z ~ z a0 zF uJU w w3 x ❑ E a§w x n_0 O z 0 4 r w0 z u- (7) (7) • tea' w¢ oa 0 ca0 J O ▪ z 0 Z W aw F LU• w 2m • O OFI- 0 FI • w o W za S• 0 0 z LL F W = w Z w 0 re 15' SETBACK (TYP) 7 6' HIGH CHAIN LINK FENCE SOLAR MODULES (TYP) uLr�\L!/�\11[/rte\S 1l�\1J1/rte\LL[Iv\11111- 11.U•r�\ll!/,t\ 117\\LLILy111/�\\iL[Gr�\S1lr�\lllly\111/v\11L/�\Sl[/. \ll1L/_-\\L SINGLE AXIS TRACKING SYSTEM 111/caW i,,rte\Lily\111/•rte\S 1,\111/,\11[/v\LL„1 r/ _,./�\111/•r \UJf2 19.4' (TYP) DRIVEN STEEL SUPPORT COLUMNS (SPACED 10' O.C. TYP) lll/cam\!11 /cam\11/cam\111 TRACKER CONNECTING ROD (TYP) .,,S. v\lll/v\111/cam 1.L[/c _‘),l/cS\! L.L amM.1/„La't /cam\111/cam\111It_Ski l/\S.LUcS1L2/cam\III/ !11/cS\!Jl/cam\111 15' SETBACK (TYP) 6' HIGH CHAIN LINK FENCE 1 /cam\S L1/cam\LL1/cam\iL1/cam\LL1/ M.11/cam\1111tS1L1/cam\!Jl/cam\1.1/ .11/cam\1.L1/.F.. B SOLAR GARDEN CROSS SECTION 3 NTS MODULES (TYP) 51-9" DRIVEN STEEL SUPPORT COLUMNS (SPACED 10' O.C. TYP) 36" T48" HEIGHT TRACKER CONNECTING ROD (TYP) SINGLE AXIS TRACKING SYSTEM TYPICAL PV ARRAY RACKING SYSTEM NOT TO SCALE GROUND VEGETATION TO REMAIN 17 -1 I SJE' HCL E'JERGY- REVEtr JE METER XCEL ENERGY CT CA3tnET PY AC OSCONNECT •\ • • 500 EW INVERTER i rHicK`rib EDGE c °NCRErE LAE! I DEPTn 13Dj ..R -'-11 1 1- - .... I 1-,_i...,-- . t ,-,_a--t-I r a • r..-. 1- .- - . - . • 1 ti -'1 1 111-1 I1 -i._.' • _ ... _I : 4.:. r••I.. _trII I I 1 I _ 1 I. 1 .. L.b - 1- - - -I 11 4 I 1 1 •'I , 1�1 '1" 1 , I , tl �'I, I. 1.- t 1 111-1 1..: 1 i r 1 - I 1' r • I 4 1 1 4. 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TYPICAL INVERTER PAD TYPICAL 6' HIGH GAME FENCE NOT TO SCALE RO PANEL ROOF jGREE 9` 1 17/$" 4 N 12 - _ is --'i • NOT TO SCALE z 0 W w 0 z 0 cn 0 0 2 0 C9 2 cc ❑ 0 V/ Z ®va Z O , riZak 0, • C7 • W• 44 Z 1437 LARIMER STREET DENVER, COLORADO 80202 >,__; 1._, 0) c J W u1 c -J 't (13 J la) 05 Uu3 W Z • W H C ce 0 J O o ° 0 o U �V O LL ❑ W Z ZZaoo ce Z =0 W 0 UU VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 - SCALE DATE MAY 30, 2014 FILE DWG SHEET 3 OF 5 CC CC w LU• j wo o ce L11• z z a -J O J CL Z w 0 0 < U w 5z CC UJ LL 00 oco li O O z ce LL Z O w z z_ z z� fl W a < w � o 0 0 Z LI - w¢ ❑ a ❑ z ¢ cc 0 w o w Z CI 0^ zO w w D• 0 OF O Z 1n m �z wD z LL0 oLUf �ac� SOLAR ARRAY (TYP) PROPOSED 6' HIGH GAME FENCE FENCE (TYP) 15' MIN., RAY SETBAC 15' MIN. ARRAY SETBACK 1 1 15' MIN 'ARRAY SETBACK 15' MIN: ARRAY SETBACK ti= SED GATE CESS DRIVE Scale: 1"=60' 0 60 120 FEET GENERAL LEGEND EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR PROPOSED FENCE SETBACK LINE FLOW ARROW AREA OUTSIDE LIMITS OF CONSTRUCTION BMP LEGEND EC-) SEDIMENT CONTROL LOG VEHICLE TRACKING CONTROL LIMIT OF CONSTRUCTION CONCRETE WASHOUT AREA GENERAL NOTES: 1. LOCATION OF INVERTER PAD AND TRANSFORMER PAD MAY CHANGE BASED ON XCEL REQUIREMENTS. 2. THERE ARE NO PROPOSED AREA GRADING ACTIVITIES. THE PV ARRAYS SHALL BE INSTALLED AT EXISTING GRADE WITHOUT CLEARING OR GRUBBING OF VEGETATION. 3. TREES ARE NOT OBSERVED WITHIN THE PV ARRAY AREAS. IF NECESSARY, TREES AND SHRUBS ARE TO BE REMOVED AS NECESSARY TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING. 4. BMPS SHALL BE INSTALLED PRIOR TO CONSTRUCTION. 5. SHADED AREAS OUTSIDE LIMITS OF CONSTRUCTION SHALL NOT BE DISTURBED. CONSTRUCTION FENCE OR CONSTRUCTION MARKERS TO DELINEATE LIMITS OF CONSTRUCTION SHALL BE INSTALLED PRIOR TO ANY OTHER WORK ON SITE. 6. SEE SHEET 5 FOR STORMWATER BMP AND CONCRETE WASHOUT DETAILS. z 0 Gry W 0 0 d w H 0 0 z z ❑ 1437 LARIMER STREET DENVER, COLORADO 80202 w z • w -o U� pyo O 8 U W rc z O Z Z D U _1O U U EROSION CONTROL PLAN VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 - SCALE DATE MAY 30, 2014 FILE DWG SHEET 4 OF 5 re w w wCL LL O re0 LU Z • F 0 OJ d'7 a v) Lil Z F0 w w� O w • Z w III LL w0 Z a Zo 0 w� LLQ U - O0 Z z z wa I -• w wF zF z7 a0 a zF uJU w w3 x ❑ c" w x ✓ O 0} 0 4 r w0 zLL ( a• ' wa oa ❑ z ca0 J O Fz 0 zw aN F 7 w en• w OF O Z (0 1-0 za W 7 7 et S• � z LL F � J 7 U3• z reU Z 0 0 w ce i z 0 0 CO0 0 2 0 0 -3 z 0 0 1437 LARIMER STREET DENVER, COLORADO 80202 WZ >_w H0 CeO J00 Oreo (ego >-O" 0 tri Q wL O w =U Z� —1O UU VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 - SCALE SHEET 5 OF 5 DATE MAY 30, 2014 FILE DWG Sediment Control Log (SCL) SC -2 —SCL—SCL —scL- 1j¢" x 1)¢" x 18" (MIN) 7- WOODEN STAKE 9" DIAMETER (MIN) SEDIMENT CONTROL LOG --- O DIA FLOW OF SCL (TYP. ika i SC ri$ j 4' tapfri%44 #, SEDIMENT CONTROL. LOG COMPACTED EXCAVATED TRENCH SOIL FLOW --�� y2Yy "NOTE: LARGER DIAMETER SEDIMENT CONTROL LOGS MAY NEED TO BE EMBEDDED DEEPER. CENTER STAKE IN CONTROL LOG 3" 9" DIAMETER (MIN) SEDIMENT CONTROL LOG SS DIAM. SCL (TYP.) 1 SECTION A 2" OVERLAP (MIN.) 3 11¢" x 1)i" x 18" (MIN) WOODEN STAKE 9" DIAMETER (MIN) SEDIMENT CONTROL LOG SEDIMENT CONTROL LOG JOINTS SCL-1. SEDIMENT CONTROL LOG November 2010 Urban Drainage and Flood Control District SCL-3 Urban Storm Drainage Criteria Manual Volume 3 SC -2 Sediment Control Log (SCL) COMPACTED EXCAVATED TRENCH 5CIL FLOW 6' MIN. CENTER STAKE IN CONTROL LOG 9" DIAMETER (MIN) SEDIMENT CONTROL LOG PUKE LOG AGAINST BACK OF CURB YJ DAM. SCL (TYP.) SCL-2. SEDIMENT CONTROL LOG AT BACK OF CURB CENTER STAKE IN CONTROL LOG 9" DIAMETER (MIN) SEDIMENT CONTROL LOG Yy OIA.M. SCL (TYP.) FLOW r TREE LAWN (TYPICAL) Nat CURB SCL-3. SEDIMENT CONTROL LOG AT SIDEWALK WITH TREE LAWN 11 STAKING AT 4 MAX. ON CENTER (TYP VERTICAL SPACING VARIES DEPENDING ON SLOPE n� CONTINUOUS SCL AT PERIMETER OF CONSTRUCTION SITE SCL-4. SEDIMENT CONTROL LOGS TO CONTROL SLOPE LENGTH SCL-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 SEDIMENT CONTROL LOG DETAILS Sediment Control Log (SCL) SC -2 • „ . • k E • • . - . I • L . • 1 1. SEE PLAN VIEW FOR LOCATION AND LENGTH OF SEDIMENT CONTROL LOGS. 2. SEDIMENT CONTROL LOGS THAT ACT AS A PERIMETER CONTROL SHALL BE INSTALLED PRIOR TO ANY UPGRADIENT LAND -DISTURBING ACTIVITIES. 3. SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER, AND SHALL BE FREE OF ANY NOXIOUS WEED SEEDS OR DEFECTS INCLUDING RIPS, HOLES AND OBVIOUS WEAR. 4. SEDIMENT CONTROL LOGS MAY BE USED AS SMALL CHECK DAMS IN DITCHES AND SWALES. HOWEVER, THEY SHOULD NOT BE USED IN PERENNIAL STREAMS OR HIGH VELOCITY DRAINAGE WAYS. 5. IT IS RECOMMENDED THAT SEDIMENT CONTROL LOGS BE TRENCHED INTO THE GROUND TO A DEPTH OF APPROXIMATELY 15 OF THE DIAMETER OF THE LOG. IF TRENCHING TO THIS DEPTH IS NOT FEASIBLE AND/OR DESIRABLE (SHORT TERM INSTALLATION WITH DESIRE NOT TO DAMAGE LANDSCAPE) A LESSER TRENCHING DEPTH MAY BE ACCEPTABLE WITH MORE ROBUST STAKING 6. THE UPHILL SIDE OF THE SEDIMENT CONTROL LOG SHALL BE BACKFILLED WITH SOIL THAT 15 FREE OF ROCKS AND DEBRIS. THE SOIL SHALL BE TIGHTLY COMPACTED INTO THE SHAPE OF A RIGHT TRIANGLE USING A SHOVEL OR WEIGHTED LAWN ROLLER. 7. FOLLOW MANUFACTURERS' GUIDANCE FOR STAKING. IF' MANUFACTURERS' INSTRUCTIONS 00 NOT SPECIFY SPACING, STAKES SHALL BE PLACED ON 4' CENTERS ANO EMBEDDED A MINIMUM OF 6" INTO THE GROUND. 3" OF THE STAKE SHALL PROTRUDE FROM THE TOP OF THE LOG. STAKES THAT ARE BROKEN PRIOR TO INSTALLATION SHALL BE REPLACED. SEDIMENT CONTROI IOR MAINTENANCE NOTES 1. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION. MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, ANO PERFORM NECESSARY MAINTENANCE. 2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPs IN EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. 3. WHERE BMPs HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOG SHALL BE REMOVED AS NEEDED TO MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROXIMATELY )S OF THE HEIGHT OF THE SEDIMENT CONTROL LOG. 5. SEDIMENT CONTROL LOG SHALL BE REMOVED AT THE END OF CONSTRUCTION. IF DISTURBED AREAS EXIST AFTER REMOVAL, THEY SHALL BE COVERED WITH TOP SOIL, SEEDED AND MULCHED OR OTHERWISE STABIUZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. (DETAILS ADAPTED FROM row+ OF PARKER. COLORADO. JEFFERSON COUNTY. COLORADO. DOUGLAS COUNTY. COLORADO. AND CITY OF AURORA, COLORADO, NOT AVAILABLE IN AUTOCAD) NOTE. MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UOFCD STANDARD DETAILS. CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. November 2010 Urban Drainage and Flood Control District SCL-5 Urban Storm Drainage Criteria Manual Volume 3 Eco -Pan Specification sheet Eco -Pan objective Allows for easy concrete pump washout, ready mix trucks, and other equipment associated with cement on site and easy off site recycling of the same concrete materials Eco -Pan Application Construction projects where concrete, stucco, mortar, grout and cement are used as a construction material or where cementitouswastewater is created. Eco -Pan Maintenance Inspect and clean out when%4full, not allowing the Eco -Pan to overflow. Inspect wastewater level and request service, Replace with empty Eco -Fan, as needed. Inspect Eco -Pan's to ensure that proper housekeeping are employed when washing out equipment. Description A self-contained and watertight eco -pan with added fork channels for portability captures and contains concrete wastewater and washout material. Our eco -pan's come in two sizes to accommodate every size pour, 1 yard /2 ton or 2.5 yard 4.5 ton. SPECIFICATIONS The eco -pan must be portable and temporary, watertight, equipped with fork channels and have a holding capacity to accept washout from approximately 250 yds- 2.5 yard /4.5ton, Or, 150yards-lyard /2 ton of poured concrete. 600 Galion Capacity 20 to 30 hirer Wash Outs* 7'x7'x26- din 1YARD / 2TON 300 Gallen Capacity 10 to 15 rixer Wash Outs* 7'x 7' x 14" (Enough to contain material from Pump Hopper) CONCRETE WASHOUT DETAIL NOT TO SCALE NOT TO SCALE Vehicle Tracking Control (VTC) SM -4 SIDEWALK OR OTHER PAVED SURFACE 50 FOOT (MIN.) 20 FOOT (WIDTH CAN BE LESS IF CONST. VEHICLES ARE PHYSICALLY CONFINED ON BOTH SIDES) PUBLIC ROADWAY INSTALL ROCK FLUSH WITH OR BELOW TOP OF PAVEMENT 9" (MIN.) UNLESS OTHERWISE SPECIFIED BY LOCAL JURISDICTION, USE COOT SECT. #703, MSHTO #3 COARSE AGGREGATE OR 6" MINUS ROCK NON -WOVEN GEOTEXTILE FABRIC BETWEEN SOIL AND ROCK UNLESS OTHERWISE SPECIFIED BY LOCAL JURISDICTION, USE COOT SECT. #703. MSHTO 93 COARSE AGGREGATE 9" (MIN.) OR 6" MINUS ROCK erne w ``jlOSJ� v#amy`.jyy �H�,Oj�` COMPACTED SUBGRADE SECTION A T NON -WOVEN GEOTEXTILE FABRIC VTC -1. AGGREGATE VEHICLE TRACKING CONTROL November 2010 Urban Drainage and Flood Control District VTC -3 Urban Storm Drainage Criteria Manual Volume 3 VEHICLE TRACKING CONTROL DETAIL NOT TO SCALE cc cc w W >za wz z w0 HU C0 LLD re 0_w I w CO u. wO QZ z0 OF m —a• 0I a11.¢ 0z EE Z~ z� QO Z5 2O0 0a Ce I -w 01- 0.0 0_ < Tn0 z 0 Tna' oa oz inW J 00 w?j I=- Z O 1-7 Z wen 2O 0I- O/- og bi < w7 CC 1.9 oZ ap O_1 en w0 CCU Noxious Weed Management and Revegetation Plan Sunny Side Ranch Community Solar Garden Garfield County, Colorado June 2014 Prepared for: Clean Energy Collective 401 Tree Farm Drive Carbondale, CO 81623 ( em ecological, LLC natural resource consulting p.o. box 1990 carbondale, co 81623 970.948.4857 Sung Side Ey;Inch CommunitT Solar '���� ��~l�� of Contents Feed and Revesetation Plan June 2014 1.1. -........... --......... -__......... ...-'-... --............. -............... .................. -'.-............ -1 1.2. Project Desi tiwo 1 1.3. General Survey Information. ......... ...... -.--.-._—......... --......................... -.--........... --1 2. CURRENT LANDSCAPE CONDITIONS 2 21 Vegetation Communities ---............. _........... ..... -....... -_.-.......... -.---.-......................... 2 2.1.1. Table 1. Cornrnon plant species observed Sunny Side Ranch Solar Farm project area3 2.1.2. Sagebrush S6_rob\uudo 3 2.2. Soils --_._....... _..... ..... ---................. --'....................... -................ ....... ......... ... .............. -'4 2.2.1. Table 2. Soils Relevant to the Sunny Side Ranch Solar Farm Project Area 4 2.3. Terrain 5 3. NOXIOUS WEEDS .................... ............... .._.............. ................. .--........... ..... .---...........-5 3.1. Introduction »uNoxious Wecda......... ---........ ..... -.......... .................... .--.............. --.-..... 5 3.2. Observations in the Project Area 6 3.2.1. Table 3. Noxious Weeds Observed In or Near the Project Area --.--.-----------J 3.3. Integrated Weed Management-............... -._-............ -.......... ....... ............ --.............. -.......... .3 3.4. Weed Prevention and Assessment ................ ........ ---............ ........ ......... _....... ----..... ............ 8 3.5. Treatment and Control of Noxious Weeds 8 3.5.1. Annual, Biennial or Perennial 10 3.5.2. Table 4. Treatment Strateies for Annual and Biennial Noxious Weeds. ............ ---1O 3.5_I Table 5. Treatmerit Strategies for Perennial Noxious Weeds 10 3.6. Best PracticesCheatgrassiBmmm� 11 �` ' 4. REVEGETATION---------------------.---.-----.--------_-.'---14 4.1. Seeding 14 4.1.1. Table 6. SuggestedSc�d��� Seeding and Infested 15 o ca��uon----.-------------------------------------^-- 4.2. Planning --...... -............ ---............ .-._........ -....... ......... -..._-...... -...... ........ -............ - 15 4.3. Seed Ordering 15 4.4. Seeding Techniques 16 4.4.1. Drill 16 4.4.2. Broadcast Seeding 16 4.4.3. Timing of Seeding 16 e.m. ecological, LLC Sung Side Ranch Comman4 Sothr Weed and Revegetation Nan June 2014 . Introduction 1.1. Summary The Carbondale office of the Boulder, Colorado based Clean Energy Collective (CEC) requested that E.M. Ecological, LLC(EME) develop a Noxious Weed Management and Revegetation Plan for the proposed Sunny Side Ranch Community Solar Garden (Cover Photo). The project is planned for a leased twelve (11.541) acre parcel on land owned by Rick and Mary James off County Road 100 directly adjacent to the reclaimed, former landfill site for the Town of Carbondale in Garfield County, Colorado. The project area is located in a degraded, native big sagebrush meadow on a gently sloped bench rising just above the Roaring Fork River valley floor. Garfield County has weed and reclamation requirements for certain land use permits, including some special use permits and pipeline development plans. Additionally the State of Colorado requires that "noxious weeds" be managed on private and public lands pursuant to the Colorado Noxious Weed Act (C.R.S Title 35, Article 5.5) which gives the directive for the creation of the Garfield County Weed list. The CEC is submitting this weed management and revegetation plan to comply with Garfield County and state of Colorado requirements for its proposed solar panel installation project in Garfield County, Colorado. The parcel is accessed from Garfield County Road 100 approximately one road mile from its intersection with Colorado State HWY 82. 1.2. Project Description E.M. Ecological, LLC was contracted to develop a Noxious Weed Management and Revegetation Plan for the proposed CEC Community solar energy conversion system's 12 acre site. This proposed solar project area is located in the fax southeast corner of Garfield County in Section 30, Township 7 South, and Range 87 West approximately 3 air miles east/northeast from the Town of Carbondale, Colorado. Plans call for mowing the big sagebrush plant community on the 12 acre project site (C. Roach, CEC, personal communication 2014). Besides the mowing, other expected landscape disturbance activities will occur with the installation of approximately 9-10,000 solar panels arranged in arrays placed on steel 1-bearn foundations, digging below ground transmission lines and the installation of a 6 foot perimeter fence. Individual support piles for the racking system are driven directly into the ground typically rendering site grading unnecessary. Permanent landscape conversions, not applicable to this weed and revegetation report, include construction of concrete pads for inverters and transformers and a permanent 1,100 foot by 20 foot gravel -surfaced access driveway. Soil cutting, filling or stockpiling is not expected during construction activities. This document reports the results and analyses of the findings related to soils and vegetation pertinent to the proposed installation of the Sunny Side Ranch Community -Owned Solar Array. A seed mix designed specifically for the project site with an estimate of the costs of individual species is provided. 1.3. General Survey Information Field inspections are conducted by a trained plant ecologist in mid-May and again in early June of 2014. The surveys are done in and around the proposed project site in order to identify vegetation communities and to search for and, if necessary, then identify and map state of Colorado listed noxious weeds, particularly those on the Garfield County list. e.m. ecological, LLC Sunny Side Ranch Community Solar Weed and Revedetation Plan June 2014 The vegetation community assessment is done through field identification of plants and on -the -ground assessment of plant abundance during the field visits. Various field guides and keys are used if aid is needed in the identification of plant species (Weber and Whitman 2012, Whitson et al. 2006, Wingate 1994, etc.). Numerous photographs were taken of the general project area for the proposed solar array including, weeds, vegetation, soils, terrain and any other important biological findings. A handheld, sub meter -accuracy, Trimble global positioning system or GPS (Geoexplorer 6000 Series) is used to record weed locations and other features as necessary and used in the final report as needed. Soil data is accessed through the Natural Resource Conservation Service (NRCS), an arm of the U.S. Department of Agriculture (USDA). The URL for the Web Soil Survey created by the NRCS is http://websoilsurvey.nres.gov where individualized soil reports can be generated to understand mapped site soil types and even associated NRCS proposed vegetation community characteristics. 2. Current Landscape Conditions 2.1. Vegetation Communities The current state of the vegetation on the Sunny Side Ranch property reflects recent and historical impacts. The most recent primary land use within the boundaries of the twelve -acre sagebrush -dominated site has been for grazing horses. The reclaimed old Carbondale landfill area abuts the proposed solar farm site and lies just to the west and consists mainly of seeded Eurasian pasture grasses. Two noxious weeds from the Garfield County Noxious Weed List (Appendix 1) are found just beyond the boundary of the solar farm site and on this reclaimed landfill area. These weeds (Plant Community/Weed Map) are hoary cress or whitetop (Cardona draba) and Scotch thistle (Onopordum acanthium). Since plants don't know boundaries, these two species will remain a threat to the solar farm site, especially after soils have been disturbed following installation activities. The majority of the vegetative cover on the proposed community solar farm land is dominated by a heavily - grazed, native, big sagebrush plant community that is severely infested with the state -listed, annual, noxious weed cheatgrass or downy brome (Bromus tectorum). There are a few scattered individuals of pinyon pine and Utah juniper. In a recently published cheatgrass management document (Mealor et al, 2013), a plant community is considered to be dominated by cheatgrass if the cover is estimated to be 51-100% simply because of functional impacts to the system. The cover estimate for the solar project site is currently estimated at over 51% dominance by cheatgrass in the understory of the sagebrush community. At these high cover values for cheatgrass, plant communities are typically then deemed to no longer be functioning properly and considered to be anywhere from moderately to drastically impaired (Mealor et al, 2013). Approximately fifteen to twenty percent of the twelve acre site is dominated by another annual grass and listed noxious weed with the state of Colorado, bulbous bluegrass (Poa bulbosa). These bulbous bluegrass dominated sites also coincide with areas where the native sagebrush has been completely removed. Invasive annual grasses, especially cheatgrass, have proven to be some of the most challenging land management problems for landowners and land managers. The vegetation types outside of the boundary of the proposed solar farm consist mainly of pinyon -juniper forest communities interspersed with sagebrush steppe where deeper soils occur. Common plant species observed during the survey are shown in Table 1. e.m. ecological, LLC 2 Sung Side Ranch Community Solar 2.1.1. Table 1. Common plant species area. P an Basin big sagebrush (Artemisia tridentata subs tridentata) N Utah juniper (Juniperus osteospermaf Indian ricegrass (Oryzopsis hyrnenoides)N Cheatgrass (Bromus tectorurn)** Weed and Reneselation Plan June 2014 observed - Sunny Side Ranch Solar Farm project P. Bulbous bluegrass (Poa bulbosa)** False dandelion (Agoseris glauca var. iaciniata)N Fringed sage (Artemisia frigicla)N . - . Potato caqus-(Opuntia fragilis) Bottlebrush Squirreltail (Elymus elyrnoides) Yellow rabbitbrush (Chrysothamnus viscidiflorus subsp. lanceolatus) Fleabane (Erigeron spp.)N Indian paintbrush (Castilleja chrornosa, syn C. angustifolia var. dubia)" Yellow alyssum (Alyssum alyssoides)* N Native species Non-native, weedy species State of Colorado listed noxious weed ant Specie$ unknown hybrid big sagebrush (Artemisia triclentata var. pauciflora hybrid 2)N Pinyon (Pinus edulis)N Needle -and -thread grass (Hesperostipa comata Scarlet globemallow (Sphaeralcea coccinea) Blue mustard (Chorispora tenella)* Smooth brorne (Bromus inermis)* Tumble mustard (Sisymbrium altissimum)* Prickly pear (Opuntia polyacanthe Sixweeks fescue (Vulpia octiflora)N rubber rabbitbrush (Chrysothomnus nctuseostis, syn Ericameria nauseosa)" Russian thistle (Salsola iberica)* Smallseed fatseflax (Carnelina mictocarpa)* Yellow sweet clover (Melilotis officinalis) 2.1.2. Sagebrush Shrublands The twelve acre project site is dominated by a highly -degraded, native, sagebrush shrubland (see Cover photo). Big sagebrush (Artemisia tridentaki spp.), the dominant shrub m local , native sagebrush shrublands, is an ecologically important, yet often gready maligned and misunderstood plant community across its range in the western United States. Prior to Euro -American settlement, approximately 156 million acres (63 million ha) covered much of the West and Northwest U.S., but litde of this area remains unaltered today (Shaw, Pellent and Monsen, 2005) with 50-60°/0 of the original extent of sagebrush shrublands converted to nonnative grasslands alone (West, 2000). Over thc last 100 years, degradation, conversion and fragmentation of sagebrush habitats has continued to occur (Knick and Schueck, 2014) as a result of extreme changes caused by livestock grazing, loss of lands to agriculture or seeding to introduced grasses, spread of exotic plant species, alterations of historic fire regimes, oil and gas development, subdivisions and multiple land disturbances associated with human development (roads, fences, infrastructure, etc.). As a result, sagebrush shrublands are now rated as one of the most imperiled ecosystems in North America (Noss and Peters, 1995). The outright loss and extensive degradation of the remaining sagebrush ecosystems is negatively impacting the more than 350 species of plants and animals dependent on sagebrush steppe ecosystems for part or all e.m. ecological, LLC Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 of their life cycles (Knick and Schueck, 2014) Animals and plants that are entirely dependent upon sagebrush dominant communities are called sagebrush -obligate species and include at least 7 birds and mammals. Two such obligate species, the greater sage -grouse [Centrocercus urophasianas]. or possibly the Gunnison sage-grouse(Centrocercus minimus) were historically found in the adjacent area known as Missouri Heights and northward to the Spring Valley and east to the Coulter ranch area (pers. comm. Kevin Wright, 2014),although documented records are scarce. It has only been several decades since sage -grouse have been extirpated from some of these areas (pers.comrn. Petterson, 2013). Missouri Heights and Spring Valley are the local terms pertaining to the extensive landscape and high mesas extending from the northeast side of HWY 82 near the Colorado Mountain College Spring Valley area to the south and east and southeast all the way to the flanks of Basalt Mountain. These areas comprise the upper mesas, sagebrush shrublands, converted hay meadows, and hillsides of pinyon -juniper communities stretching to the north of the solar project site. The main issue for the 12 -acre sagebrush -covered solar project site is to manage the extensive understory of the noxious weed, cheatgrass (Bromils tectorum), in order to e the threat of fire and to then reseed after mowing and installation activities to help increase the functional ability of the plant community by introducing competition to cheatgrass. Both of these activities will create a more sustainable and ecologically stable landscape. A more stable plant community will require far fewer management inputs over the long term and therefore less expense and the control of cheatgrass will decrease the current ongoing threat of wildfire to the site. 2.2. Soils The primary soil types mapped in the project area are the loamy soils commonly found along alluvial fans, valley sides, valleys, and mesas throughout the lower Roaring Fork Valley and much of Garfield County. The soil type within the sagebrush shrubland community is a deep, well drained loam to sandy loam, (Almy Loam, see Table 2.2.1) described as well suited to mechanical site preparation and moderately suited for mechanical planting and subsequent seedling success. Almy loam covers the majority of the site. A very small portion of the site is mapped as a somewhat poorly drained, mixed alluvium based soil type (Fluvaquents, Table 2.2.1) which may not be entirely accurate at the scale at which the area is mapped. The Fluvaquent soils are mapped in a small area at the very southwest corner of the project site. Soil data is accessed through the Natural Resource Conservation Service (NRCS) an arm of the U.S. Department of Agriculture (USDA). At the level of investigating a small property like the 12 acre project site at the Sunny Side Ranch, the soil maps are inherently somewhat inaccurate at those small scales, but still very informative overall. The following table has the summarized descriptions of the two soil types described for the site from data on the NRCS Web Soil Survey (NRCS 2014). 2.2.1. Table 2. Soils Relevant to the Sunny Side Ranch Solar Farm Project Area. Icareous re ndstone or nasg45,, sagebrush e uebuncr wreatgrass e.m. ecological, LLC 4 Sunny Side Ranch Community Solar Weed and Revesetalion Plan June 2014 2.3.Terrain The Sunny Side Ranch solar farm project area lies north of the Roaring Fork River and State Highway 82 up on an upland terrace or bench just above the river valley floor. The bench is gently sloped and at an elevation of approximately 6,400 feet. Pinyon -juniper (Pinus Juniperus scopulorum) forest communities lie to the north and east of the sagebrush covered project area. A dry wash lies to the east of the site and the reclaimed, retired Carbondale landfill area lies to the west. 3. Noxious Weeds 3.1. Introduction to Noxious Weeds Non-native, invasive weeds are plants of concern because they utilize and take resources our native plants and/or agricultural crops would otherwise be accessing. These aggressive, non -indigenous plants then crowd out our desirable crops and also native plant species that are the foundations of our native ecosystems. A "noxious" weed is further differentiated from other non-native, weedy species. In Colorado, a noxious weed is by legal definition a "specific plant species that has been designated for mandatory control by branches of local, state, or federal government, the species must be non-native to the state..." (State of Colorado website 2014). The Colorado state list of noxious weeds has gone through exhaustive review. In addition to the weed control goals of most property owners to preserve the natural and agricultural values of their property, the Colorado Noxious Weed Act and the Garfield County Weed Management Plan further compel landowners by law to manage State and County listed noxious weeds. Because of the aggressiveness of these plants and their economic impacts, a great deal of time and energy has gone into understanding these invasive plants in the scientific and agricultural communities and a wealth of information is now readily available. The Spread of Noxious Weeds Most of our noxious weeds have come from Europe or Asia and often by accident or as ornamentals purposely brought over that have then escaped. Once established at a new site, they tend to spread very quickly because the typical insects, animals, and diseases that would normally suppress or control them are absent in their new environments. As with the seeds of native plants, noxious weeds are spread by many vectors, mainly human activities, animals, water, and wind. Disturbed areas are prime locations for the establishment of noxious weeds and include construction sites, roadsides, trails, areas overused by animals or humans and areas with more soil moisture such as wetlands and riparian areas. Soil disturbances during construction or vegetation removal or manipulation can create optimal conditions for the influx of invasive, non-native species. Construction equipment and vehicles traveling from weed -infested areas to weed free areas can disperse noxious weed seeds resulting in the establishment of these invasive plants into previously weed -free areas. e.m. ecological, LLC Sunny Side Ranch Community Solar Weed and Reueeetation Plan Jame 2014 The Garfield County and Colorado State Noxious Weed Lists All four weeds on the Sunny Side Solar Farm project site are on the Colorado State Noxious Weed List (Appendix 1), but none are on the Garfield County list (also Appendix 1). Local governing bodies in Colorado are required by the Colorado Noxious Weed Act (State of Colorado 2005) to develop noxious weed management plans. All species for a county must be on the state list which includes 76 species and another 20 species on a Watch List. Landowners are responsible for all state listed noxious weeds on their properties. When weeds are on both state and county lists, this is an alert that the state listed weeds are of very particular local concern and expected goals for management may be more aggressive with local funds possibly even available for control activities, depending on the weed. The State of Colorado noxious weed list utilizes three categories. Eradication is the goal for all List A species (22 species). The goal for List B species is less aggressive and calls for a halt to their spread (39 species). List C species (15 species) are typically widespread already, yet still of concern, and possibly local concern, whereby the State may actually assist local jurisdictions who choose to list and manage those weeds. Garfield County has offered financial assistance for the control of cheatgrass in the past even though it is not on the Garfield County Weed List. 3.2. Observations in the Project Area The annual grass, cheatgrass or downy brome (Bromtts lector/int, syn. Anisantba tectorum), a state of Colorado List C species, is the most widespread noxious weed on the Sunny Side Ranch solar farm parcel. While none of the Garfield County listed noxious weeds were found, three other Colorado List C species were also observed on the property. Bulbous bluegrass (Poa budbosa), another annual weedy grass had the next highest cover values (See Plant Community/Weed Map) colonizing areas completely denuded of sagebrush. Some redstem filaree (Erodium cicutarium) was observed in late spring in a few areas. Only a few individuals were seen of common mullein (Verbose= thapsis), the fourth state listed noxious weed observed. Focus will be placed on the cheatgrass component as the threat of wildfire and the potential subsequent continued expansion of this annual grass after installation and construction activities occur are of utmost concern at the twelve acre site. Cheatgrass is the weed of primary concern. Many of the same control techniques for cheatgrass can also be applied to bulbous bluegrass. ' "tiMAVie,11 Figure 1. Cheatgrass monoculture on a 2 -track road through the sagebrush shrub community. L. Tasker photo The old Carbondale landfill site to the west has a solid infestation of whitetop or hoary cress (Cardaria draba) and a sizable infestation of scotch thistle (Onopordu i acanthium) just to the north of the whitetop e.m. ecological, LLC 6 Sion)) Side Ranch Co mill' Solar 1Veed and Revesetation Plan June 2074 infested area near a shed just off the driveway entrance northwest of the solar farm. These weeds were not seen on the project site, but will be a continued threat to the solar farm area just because of their close proximity. These two species are on the Garfield County Wecd list. 3.2.1. Table 3. Noxious Weeds Observed In or Near the Project Area Growth Form/ Weed Species Reproductive Mechanism Cheatgrass/ Annual/ Exclusively by Downy bromec .seed Bulbous Annual/ Exclusively by bluegrassc seed Redste f eeC Annual or biennial/ Exclusively by seed Common Biennial or mulleinC monocarpic perennial/ Exclusively by seed Whitetop/ Hoary Perennial/ cress Vegetatively from roots and by seed • Scotch thistlB e G Biennial/ Exclusively by seed Comment (on project site) Very adaptable to many environments due to high genetic plasticity; promoted by fire; highly competitive and early ernerger; fire -prone (on project site) Tolerates a wide range of conditions, esp. soils moist in winter and early spring and highly disturbed; grows new roots each season so described as "an annual with perennial tendencies"; !Produces little biomass for grazing (on project site) Grows in a wide variety of climatic and soil conditions; tolerates mowing and grazing by adopting a more prostrate growth form; does not grow well in shade; does not compete well with a taller, well-established plant population (on project site) Plants can produce up to 1.80,000 seeds that can last up to 100 years; easily controlled by pulling or digging the tap root (adjacent to project site) Rhizornatous roots, in addition to reproduction by seed, make this plant highly competitive and capable of establishing monocultures. Rooting depths are 29-30 inches and up to 30 feet (Pacific Northwest) (adjacent to project site) Prefers disturbed sites with high soil moisture, but not limited by drier sites; a large, formidable plant that commonly invades overgrazed lands, rangelands, pastures, roadsides and construction sites; grows well in nutrient poor soils; mechanical and physical control is very effective Superscript- Garfield County Wecd List' and/or Colorado State List B or c Bold- weeds occurring on the project arca 3.3. Integrated Weed Management Successful long-term control of noxious weeds typically requires a range of different control methods and strategies to be implemented in combination or sequentially. Monitoring treatment results and continual surveying are also a part of this management strategy. This is known as an Integrated Weed Management (IWM) approach or more broadly referred to as an Integrated Pest Management approach. This philosophy is well accepted in the land management community. More often the goal is to prevent weed spread and establishment in addition to addressing current infestations rather than achieving full eradication. Successful and effective management can decrease infestation sizes and weed densities, and after years of successful e.m. ecological, LLC 7 Sung Side Ranch Community Solar Weed and Revesetation Plan June 2014 management practices, eradication is sometimes possible. The idea is that IWM is best achieved using a variety of methods typically over a long time period. IWM practices include: limiting weed seeds and their dispersal, minimizing soil disturbances and timely reseeding after events that are unavoidable, suppressing, containing, or eradicating existing infestations, detecting any weed introductions early and eliminating them when they are small, actively managing desirable vegetation in an agricultural setting, excluding disturbance that is not a natural part of native plant communities, preventing damage and maintaining and/or improving native plant communities, using appropriate biological controls when suitable, understanding appropriate grazing practices if and where applicable. 3.4. Weed Prevention and Assessment Managing weeds can be costly and dense, widespread infestations may exceed economic thresholds for practical treatment measures. The reality is that there are no silver bullets to weed control and "occasional" weed management rarely provides long-term success. The key to success is found in developing an integrated weed management (WM) program and including weed prevention strategies. IWM includes many facets of good land management. Good weed prevention measures with IWM in mind (IVM Technical Bulletin 2000) should be adopted for any activity to reduce the costs of noxious weed control and include: thoroughly cleaning the undercarriage of all vehicles of weed -seed contaminated soil and vegetation coming into or out of the vegetation management areas, inventory to know what weeds are present and where they are located, early detection and rapid response to new infestations, containment of existing weed problems, minimizing soil disturbances caused by machinery, vehicles, livestock or water. revegetating if necessary, insisting on certified weed -free seeds and forage brought onto the property, communicating infestations and activities with neighbors, preventing vehicles from moving freely between infested and non -infested areas grazing animals only before weeds flower and seed, otherwise keeping animals 7-14 days in a holding area before moving them to non -infested areas, For success, these components require assessment, flexibility, and potential adjustment over time ewey et al. 2007). This report provides an initial assessment of extent of noxious weeds for the Sunny Side Ranch Solar Farm project area. For continued effective management of noxious weeds, further inventory and ongoing analysis is necessary to 1) evaluate the effectiveness of current treatment strategies, 2) adjust if necessary the original treatment plans, and 3) discover early infestations of new species when occurrences are small and more economical to treat. 3.5. Treatment and Control of Noxious Weeds Project Site e.m. ecological, LLC 8 Sung Side Ranch Community Solar Weed and Revegetation Plan June 2014 The Sunnyside Ranch Solar Farm site is currently heavily infested with cheatgrass and in some areas, bulbous bluegrass which will create challenges now and in the future (see Plant Community/Weed Map). Further, the current plan for mowing the sagebrush at the site to allow for greater ease in installation of the solar arrays will cause greater site disturbance, greatly decrease the cover of sagebrush, and therefore exacerbate the existing noxious weed problems (Prevey, Germino, Huntly, and Inouye 2010). Careful strategizing regarding mowing heights and plans for seeding native, perennial species after all mowing and installation activities have ceased will be important tools to employ in order to address current and future cheatgrass infestations. (See "Maintain Sagebrush to Help Control Cheatgrass (Bromus tectorum) below") Mowing Sagebrush The installation of the solar farm necessitates mowing the sagebrush community. When it is deemed necessary to mow sagebrush, mowing recommendations from the Uncompahgre Partnership, a collaborative restoration entity in western Colorado, are helpful. These call for use of a brush hog, a large rotary mower pulled behind a 80-100 hp tractor equipped with a P.T.O. and for mowing sagebrush at heights no less than 10 inches in order to retain at least some shrubs. Most importantly, the degree of sagebrush mortality and re -growth can be controlled by the height above ground level the plants are cut, Leaving greater than a 10 inch height will still result in a 40-60 percent kill of existing sagebrush. But cutting sagebrush to less than 4 inches results in an 85-100% mortality rate (Uncompahgre Partnership 2014). Sagebrush reproduce by seed and remaining sagebrush shrubs will be the sole source of seeds for any new seedling shrub recruitment at the site. Although basin big sagebrush (Artemisia tridentate' ssp tridentata) grows on the site, the majority of the big sagebrush in the area may be a local hybrid big sagebrush species and therefore impossible to obtain through seed companies. Maintaining Sagebrush to Help Control Cheatgrass (Bromus tectorum The goal for retaining as many sagebrush shrubs as possible comes from recent research that has shown the loss of foundation species also known as dominant species like sagebrush in sagebrush shrubland community increases the abundance of exotic plants such as cheatgrass (Prevey, Germino, Huntly, and Inouye 2010). The loss of foundation species has been show to alter the stability of ecosystems. Studies following the removal of sagebrush have shown cheatgrass to become 3-4 times more abundant with an additional loss of native forb or wildflower species. Cold desert plant communities with sagebrush, a similar plant community to the solar farm site, have been shown to be more resistant to invasion by cheatgrass then sites where sagebrush was removed. One explanation is that sagebrush is thought to provide below ground competition negatively impacting nearby cheatgrass plants and other exotic invaders. The full mechanisms involved are not yet fully understood. These studies suggest that sagebrush plays an important role in resisting invasions by noxious weeds and maintaining native plant communities and species diversity (Prevey, Germino, Huntly, and Inouye 2010). With cheatgrass already a problem at the project site, the subsequent sagebrush mowing will only exacerbate the weedy annual grass invasion. Aggressive cheatgrass control strategies, in addition to seeding, will need to be employed following all planned landscape and soil disturbance activities. Cheatgrass has been reported to suppress any establishment of sagebrush from seed rain where it grows in association with sagebrush as on the solar project site (Monaco et al. 2010). e.m. ecological, LLC 9 Sunny Side Ranch CommunO, Solar Weed and Revegetation Plan June 2014 3.5.1. Annual, Biennial or Perennia! When selectiany strateicstocffectirc6/c0000lozcrcuclizoinutcuooxiouxvvcod,Uuccuosrimportant piece of inforudo to know is whether yourtarget weed is an annual, biennial, or perennial io orderto select successful treatments. The weeds on the Sunny Side Ranch solar farm are listed by growth form in Table 3 for reference. Treatment strateiom are based on plant type and summarized in the following Tables 4 and 5. Herbicides are often not the first treatment of choice and other methods can often be effectively employed. Many weeds have developed resistance to certain herbicides, particularly annuals and biennials. The majority of most misuse is due to excessive application either in concentration or frequency. This excessive application results in mostly top kill before the herbicide can be transported to the roots and leads to resistant bc 3.5'2' Table 4. Treatment Strategies for Annual and Biennial Noxious Weeds get: Prevent Seed Production 1) Hand puHing, hoeing, tillage or cultivation, when plant 15 in the rosette stage and betore fiowering and seed maturity 2) Chop roots below the soil level with use of a sharp shovel or tool of choice 3) Herbicide application in rosette or bolting stage, before flowering 4) Mow biennials just after bolting stage and before seed set; mowed annuals may still fiower and set seed, but may reduce total seed numbers. (Sirota 2004) 3'5'3` Table 5. Treatment Strategies for Perennial Noxious Weeds Target: Deplete Nutr ent Reserves in Root System, Prevent Seed Production 1) Treat only after aliowing plants to grow to bud/boom stage;do not treat when first emerging in spring, but instead allow p!ants to expend as rnuch energy from root systerri as possible 2) Herbicide treatment at bud to bloom stage or in the fall (and when natural precipitation is present). By autumn, plants draw nutrients into roots for winter storage. Due to this translocation of nutrients to roots, herbicides will be drawn down to the roots more efficiently during the fall. If a weed occurrence has been present for a long time period, another season of seed production is not as critical as getting herbicide into the root system. Spraying in the fall (after about mid-August) will kill the following year's shoots as they are being formed on the roots at this time, 3) Mowing is not recommended as plants tend to flower anyway; however, seed production may be reduced. Multiple studies have shown mowing perennials and spraying re -growth is not as effective as spraying without mowing. As always, know what weed you're working with and its basic biology as the effects of mowing are very species dependent. Timing of mowing must be biologically appropriate, which is often not convenient. e.m. ecological, LLC Sunny Side Ranch Can/rnirniy Solar Weed and Revegetation Plan June 2014 4) Tillage may or may not be effective as most perennial roots can sprout from root pieces only 1/2"-1" long. Clean machinery thoroughly before leaving the treatment area. 5) Hand pulling is at worst a waste of time and is generally not recommended for perennial weeds unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches similar to a gardening situation, but is very labor intensive and must be done repeatedly throughout a season and probably over years. (Sirota 2004) 3.6. Best Management Practices for Noxious Weeds -Focus on Cheatgrass (Brornus tectorum) Best Management Practices (BMP's) help landowners control weeds using a variety of options that consider characteristics of an individual site with the overlying goal of keeping negative side effects to a minimum. The goal of any weed control program is to maximize targeted and effective control and minimize economic, environmental and even social damages. Recommended BMP's usually include a suite of strategies that may include some or all of the following: prevention, chemical control, mechanical or manual control, grazing strategies, and revegetation and site specific seed lists. Because the Sunny Side Ranch Solar Farm twelve acre site is extensively colonized by cheatgrass rendering it the most pressing issue, the following information focuses on this Colorado State Weed List C annual grass species. Revegetation strategies are discussed in the next section. Overview of Cheatgrass or Downy Brome Cheatgrass is a noxious annual weed plaguing many land managers across the more arid ecosystems of the western U. S., Canada and northern Mexico. Here in the Roaring Fork Valley, cheatgrass has made large inroads in the last ten to fifteen years (pers. obs.). The western U.S. habitats with the most infamous infestations, the shrub -steppe communities, have ecological similarities to those on the Sunny Side Ranch site. Throughout the big sagebrush shrub community on the property it is more difficult to find a spot without cheatgrass than to see areas with cheatgrass. Recognizing Cheatgrass Cheatgrass is an annual or winter annual and a member of the Grass Family (Poaceae). The slender stems, hairy leaves and very long - awned spikelets on twisted branches help to distinguish Bromzrs tectorrrtn (see Figure 2) from other similar annual (B. japonicus, B. secaliir s) and perennial (B. inernri) Brornus species. Also, cheatgrass matures 1 to 2 weeks earlier than other annual bromes and many other species in general (MSU Extension Weed e.m. ecological, LLC Figure 2. Cheatgrass or Downy Brome. L. Tasker photo. 11 Sung Side Ranch Community Solar Deed and Revefftation Plan June 2014 Management 2001). In our area, the majority of cheatgrass seeds germinate in the early fall with the first good rains. Plants then resume growth the following spring and depending on conditions, can reach 2 inches to 1 1/2 feet tall during their single -season life cycle. Plants are very green and soft in early spring, a condition quickly forgotten when plants become purple then brown, dry out and become a true nuisance when walking through. The flowers are grass -like in what is called a panicle arrangement with each spikelet consisting of 5 to 8 florets which later contain thc seeds. These nodding panicles are very distinctive as are their moderately awned spikelets. The spikelets are the annoying feature of the plant when it is mature as they penetrate socks, pants, fur, even soft mouth tissue, and the seeds are therefore widely dispersed. Biology of Cheatgrass Cheatgrass or downy brome is a prolific seed producer. Even in extremely dry conditions, cheat grass will produce viable seeds even though it may only reach 1-2 inches in height. The plants are mostly self - pollinated and seeds can germinate very soon after they mature. Viable seeds exist even before the plant turns its characteristic purple color on the fruits. After the first fall rain in infested areas, cheatgrass seeds can germinate quickly and at very high rates, as high as 95%. The fall germinated seedlings grow little and over -winter in a semi -dormant state, completing their lifecycle the next spring. Roots reportedly can grow in almost freezing soil temperatures and continue to grow throughout the winter until soils drop to less than 37 degrees F. Plants head out in late April to early May and seeds mature in June (Mealor et al 2013) ready to start the cycle all over again in the fall. If conditions are dry, environmentally induced dormancy can occur in seeds, last several years and break down at erratic intervals allowing seeds to remain in the soil bank for extensive periods. One of the principal ways cheatgrass successfully competes with desirable, perennial grasses, especially seedlings, is through early, soil moisture depletion. Additionally, thick mulch in dense cheatgrass stands favors downy brome seedling establishment and inhibits germination of perennial bunchgrasses (CNAP 2000). Cover of lichens and mosses on the surface is also inhibited by thick mulch and results in less competition for resources for cheatgrass seedlings. The seeds of cheatgrass are so ubiquitous that the potential for invasion is almost unlimited. Populations of cheatgrass are genetically very similar but highly plastic which allows them to thrive in an extensive array of site conditions. It is found in salt desert shrub communities with 6 inches of average annual precipitation to high elevation conifer forests with greater than 25 inches precipitation per year. One of the most critical points of expansion is when populations of cheatgrass become so vast that they then influence the wildfire regime, such as rapidly accelerating the fire return intervals on large acreages. Management of Cheatgrass Mechanical Control: Mowing or cutting plants is not really recommended. Cheatgrass cut before seeds ripen will produce new stems and seeds at the height of the cut. Repeated mowings may be more successful and one study showed mowing every three weeks provided some control (Ponzetti 1997). This was very labor intensive. If plants are cut after the seeds ripen, they will die but by this time seeds are already viable and any accidental spreading of seeds is a possibility. Hand pulling would eliminate the seed production and could only be used in small infestations, but it would not eliminate the population. Seeds would still be left in the seedbank. The pulling program would have to e.m. ecological, LLC 12 Sunny Side Ranch Commun4 Solar freed and R2ve.getation Plan June 2014 continue diligently for several years or until the seed bank was exhausted. Care must be taken in being certain to get all of the roots so the plant cannot simply regrow and produce new seeds. Hand pulling would not be an option on the Sunny Side Ranch property. Some of the literature states that cheatgrass has been considered a valuable forage in the spring (Emmerich et al. 1993, Weld County Fact Sheet 2009). However, grazing is not a recommended method of control for cheatgrass (Carpenter and Murray 1998). If the plants are grazed in the spring, they will grow ncw stems and produce seeds. When grazed in the summer or fall the plants will not regenerate, but by then viable seeds have already been produced. Therefore seed production is not curtailed. Also, the long awns of the seeds on the mature plants may damage the mouths and intestinal tracts of the livestock and any other unsuspecting animals. The installation of a perimeter fence around the project site may also serve the beneficial purpose of allowing the sagebrush community to rest from the current horse grazing pressures it is now experiencing. This would give the native forbs and perennial grasses a chance to recover and reproduce seed and probably provide more competition to the existing cheatgrass population. Chemical Control: In our area, the best success with herbicides has been from fall applications (Steve Anthony, Garfield County Vegetation Manager, pers. comm. 2009). Spring applications are another method as many non -target species are still dormant, the best scenario for herbicide application. There are numerous types of herbicides described in the literature that can be used alone or combined to provide effective control of cheatgrass. For best results, contact the Garfield County Vegetation Manager for the latest results from current research and test plots. A backpack sprayer is good for small infestations and not the best tool for large acreage infestations. Of the myriad of herbicides available, only three are mentioned here. Plateau® (imazapic) is recommended at a rate of 4 to 6 ounces per acre (CDA 2010), although other rates have been successful (Mealor et al 2013). The addition of a methylated seed oil surfactant (MSO) at 0.32 oz/gal of water is necessary. Optimal results locally with Plateau® have occurred from fall applications after a light freeze, but prior to a hard frost (S. Anthony, pers. comm.. 2009). If applying during very early spring growth, applications are reported to be best while other desirable plants are hopefully still dormant (Mealor et al 2013). Panoramic 2SL® (imazapic) ata rate of 6-12 oz/acre is to be applied as a pre- or post -emergent in late summer or early fall. Again, the additional use of a MSO surfactant at 0.32 oz/gal of water or 1 qt/100 gallons of water is necessary. The 12 oz rate of either Plateau® or Panoramic 2SL® can cause injury to some cool season grasses, but both can safely be used under trees. Several other herbicides are labeled for cheatgrass control and all herbicides should be discussed with a professional applicator or County Weed Specialist Biological Control: None known to date. USE HERBCIDES WISELY: Always read the entire herbicide label carefully, follow all mixing and application instructions and wear all recommended personal protective gear and clothing. Contact your county or state department of agriculture or herbicide professional for any herbicide use requirements, restrictions or recommendations. NOTICE: mention of herbicide products in this document does not constitute endorsement of any material. e.m. ecological, LW 13 Sunny Side Ranch Communizy Solar Summary of control issues related to cheatgrass: 1Veed and Reve,getation Plan June 2014 The good news is multiple studies from several parts of the West prove the temporary control of cheatgrass (up to 100 percent control for 2-3 years) can be achieved relatively consistently with the application of herbicides where cheatgrass is a dominant component of the plant community like at the Sunny Side Ranch project site. Unfortunately re-emergence or reinvasion of cheatgrass back into the system is also commonly documented. Re-emergence is now thought to be potentially due to unaddressed circumstances that are still within the control of land managers and not necessarily just due to seeds that have simply persisted in the soil seed bank. Reinvasion could also be caused by the lack of a competitive plant community or improper grazing practices and in-u-nigration of cheatgrass seeds from other sites (Mealor et al. 2013). Current invasion ecology theory suggests that a healthy, diverse plant community that fully uses available resources will be more resistant to invasion. This carries forward and supports the argument to then seed a site with competitive perennial grasses and forbs after the cheatgrass infestations have been diminished. 4. Revegetation Competitive Seeding Overview As with any weed management plan, success cannot be defined as simply removing the target weed from the system, although reaching that goal is certainly a successful first step. Failure to manage for the long-term persistence of desirable plant species may lead to further site degradation and even new, novel weed occurrences. Selection of revegetation species on the Sunny Side Ranch site in the following Table 6, took into consideration whether or not selected species were competitive with cheatgrass. For example, Hesperostipa comata or needle -and -thread grass was found on the property apparently competing very well with the cheatgrass population as few cheatgrass plants could be found in larger stands of this cool season, perennial grass. In fact all of the species on the seed list were chosen either because they are reportedly competitive with cheatgrass in the literature or were observed competing well on the property. Additionally, there will be some soil disturbances associated with the construction activities, although they are estimated to be under an acre. However, the mowing of the sagebrush, depending on the mowing height and techniques utilized is expected to cause high mortality rates which will leave under-utilized niches within the sagebrush plant community that will be ripe for weed invasion unless desirable species are seeded. And successful revegetation of the project area is dependent upon soil type and texture, slope gradient, aspect, proper weed control, herbicide residual in topsoils, available precipitation, in addition to using suitable plant species. 4.1. Seeding Seeding properly in an area includes extensive planning, site specific seed mixes and rates, seeding techniques, quality assurance and seed ordering, proper seed storage, seeding at optimum times, remedial seeding, mulching and possibly seed collection. Listed in Table 6 is the recommended seed mix for the Sunny Side Ranch plant community. The seed numbers listed are for broadcast seeding as opposed to drill seeding. However, drill seeding with a rangeland drill (Truax Range Drill or equivalent) capable of accommodating several different seed sizes and planting at several different depths is the preferred method. If drill seeding is available, seed numbers can be reduced by e.m. ecological, LLC 14 Sung Side Ranch Community Solar Weed and Revesetation Plan June 2014 25% as seed placement is more precise and germination is more reliable. The table is built with a rate of 120 seeds per square foot for grasses and forbs and the total price is for enough seed to cover one acre. 4.1.1. Table 6. Suggested Seeding and Estimated Costs for a Mid -elevation Sagebrush Shrubland Infested with Cheatgrass Common Nam (% of Mix) Scientific NamE Form est, price/ Ib Rate PLS !be/ acre* Est.cost- i acre Fringed sage (5% Artemisia frigida Shrub $18.00 0.1 $1.06 Scarlet obe allow (5%) Sphaeralcea coccinea Forb $125.00 0.5 $65.34 Bot b ush squirrel tail (10%) Streambank wheatgrass (20%) Indian ricegrass (20%) Sandberg bluegrass (5 Hilaria e (10% Kleedle and thread grass (20°/0) Elymus elymoides, syn Sitanion hystrix Elymus landeolatus ssp. psarnmophilus, syn Agropyron riparium Achnatherurn [Oryzopsis] hyrnenoides Poa sandbergii,syn Poa secunda Pleuraphis [Hilaria iarnesii i-iesperostipa [Stipa] comata Bunch Sod - forming Bunch Bunch Bunch/ Sod - forming Bunch (PLS) (PLS) Paloma or Rimrock (PLS) Colorado Plateau (PLS) Viva caryopsis PLS) 27.00 $9.00 $7.50 $11.00 5.4 6.5 4,3 0.3 1.1 8.4 $147.02 $32.24 $34.48 $378.96 Total 26.7 $720,96 Costs are estimated from three sources, Pawnee Buttes Seed, Granite Seed and Great Basin Seed. 4.2. Planning Inherent in the seed industry is a lack of predictability as to what native species rnight be available at a given time m the native seed markets. The more lead time given to a seed company, the better probability- of the seed being available. Native seed is relatively slow to germinate and very slow often to establish. A great deal of early growth is devoted to the underground plant mass and the roots, unlike many agricultural products with which we are more familiar that grow more quickly. Expect to wait 1 to 3 years before truly evaluating the level of seeding success or failure. 4.3. Seed Ordering The seed mix will be requested as PLS (Pure Live Seed) only, if available. Requests must be made for the seed lot to be tested to check the seeds viability and purity. Additionally, request that the seed vendor provide crop and weed seed contaminants, location of origin (if available), viability and purity test dates and the date of packaging. The vendor will also be asked to group and mix species by seed size according to the seed size accommodations of the various seed boxes on the seed drill, if applicable. Unless broadcast seeding will be employed, mixing the entire mix together is not suitable when using a range drill and it is imperative to make this very clear when ordering from the seed vendor. e.m. ecological, LLC 15 Sunny Side Ranch Communiy Solar Weed and Revegetation Plan June 2014 4.4. Seeding Techniques Broadcast seeding and drill seeding are two options for seeding the Sunny Side Ranch site. These are described below, as well as the situations where each would be most appropriate. The seeding contractor chosen must be experienced with the type and scale of work required in order to assure the highest success rate possible. Req i ire that the contractor has worked with native seeds before and the drill seeding equipment. Experienced personnel are all keys to a successful revegetation project. 4.4.1. Drill Seeding Drilling is not always practical or possible, but when it is, the results are far superior to broadcast seeding. A seed drill (Truax Range Drill or equal) can be used on slopes that are gentler than 2:1 as on the solar farm site and drill tube spacing should be 6-7 inches apart. Thc area must be big enough for the drill to move between solar arrays and also successfully turn around and maneuver. If mowed sagebrush heights are too high for the drill to clear, then broadcast seeding will need to be done. Drill seeding also requires an experienced operator. Seed sizes must be carefully matched to boxes on the drill that are set appropriately not only for dispersal but for drilling depths. In general, smaller seeds are spread on top and barely drilled, while the larger a seed, typically the greater it's required planting depth. 4.4.2. Broadcast Seeding Broadcast seeding can require almost twice the amount of seed as drill seeding. This is duc to inevitable loss from desiccation, wind, and herbivory. The seed is mechanically spread by use of a hydraulic mulch slurry blower, rotary spreader or a seeder box with a gear feed mechanism. In the Sunny Side Ranch seed mix, the seed sizes are markedly different (e,g, fringed sage is fraction of the size of needle -and -thread grass seed) and it would be advisable to add rice hulls to the mix to allow more uniform dispersal. Immediately following a broadcast seeding operation, seed would be lightly raked to provide approximately 1/4 inch of soil cover over most of the seed. The use of a chain harrow, dragged or cultipacker would probably be too much disturbance to existing plants in the sagebrush plant community, but could be used on highly degraded areas such as the bulbous bluegrass dominated areas, Seed to soil contact is critical to keeping seeds from desiccating and a major source of seed loss in a broadcast seeding operation. 4.4.3. Timing of Seeding Late fall is the optimum seeding time as many native seeds need a cold stratification period (i.e., exposure to cold conditions for an extended period) in order for them to break dormancy. Some species do not require this stratification. A late fall seeding would be required for this effort so seeds that do not need stratification would not be encouraged to germinate as they will not survive the first hard frost. Seeding is best before the first snows begin to fall, but well after the first frost and before the ground is frozen. e.m. ecological, LLC 16 I'Veed and Revesetation Plan June 2014 5. References Colorado Natural Areas Program (CNAP). 2000. Creating an Integrated Weed Management Plan, Caring for the Land Se ties IV Colorado Department of Natural Resources, Denver, CO. Hirsch, Merilynn C. 2011. Department of Wildland Resources, Utah State University, Logan, Utah and Thomas Monaco USDA Agricultural Research Service, Forage and Range Research Laboratory, Logan, Utah. In Monaco, T.A. et al. comps. 2011. Proceedings — Threats to Shrub/and Ecosystem Integrio; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume XVII. Pages 53-61. S.J. and Jessie E. Quinney Natural Resources Research Library, Logan Utah, USA. Knick, Steven T., and L. Schueck.. 2014. SAGEMAP: A Web -based Spatial Dataset for Sage Grouse and Sagebrush Steppe Management in the Intermountain West. USGS Forest and Rangeland Ecosystem Science Center, Snake River Field Station, Boise, ID 83706.. http://walrus.wr.usgs.gov/infobank/programs/html/factsheets/pdfs/2002_0124.pdf Leffler, A. Joshua and Thomas A. Monaco. 2010. USDA Agricultural Research Service, Forage and Range Research Laboratory, Logan, Utah; Jeremy" James USDA Agricultural Research Service, Eastern Oregon Agriculture Research Center, Burns, Oregon. In Monaco, T.A. et al. comps. 2011. Proceedings — Threats to Shrub/and Ecosystem Integrity; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume _XVII. Pages 63-70. S.J. and Jessie E. Quinney Natural Resources Research Library, Logan Utah, USA. Mealor, B.A. et al. 2013. Cheatgrass Management Handbook: Managing an invasive annual grass in the Rocky Mountain region. University of Wyoming, Colorado State University University of Wyoming Extension, Laramie, WY 82071. Monaco, T.A. et al. comps. 2011. Proceedings — Threats to S hrubland Ecosystem Integrity; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume XVII. NRCS. 2014. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, URL: http://websoilsurvey.nrcs.usda.gov Petterson, Eric. 2013. Personal Communication with Lisa Tasker of E.iM. Ecological, LLC. URS, Glenwood Springs, CO. Prevey, J. S., M.J. Germino, N.J. Huntly, and Richard S. Inouye. 2010. Exotic plants increase and native plants decrease with loss of foundation species in sagebrush steppe. Plant Ecology 207:39-51. doi: 10.1007/s11258 -009-9652-x. Roach, Chad. 2014. Personal communication June 6, 2014, Clean Energy Collective. 401 Tree Farm Drive, Carbondale, CO 81623. Shaw, Nancy L., Pellant, M., Monsen, S.B. 2005. Sage -grouse habitat restoration symposium proceedings;2001 June 4-7; Boise, ID. Forest Service Mountain Research Station. Sirota, J. 2004. Best management practices for noxious weeds of Mesa County. Colorado State University Cooperative Extension Tri River Area, Grand Junction, Colorado. URL: http://www.coopextcolostate.edu/TRA/Weeds/weedingrnthtml State of Colorado. 2005 Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. e.m. ecological, LLC 17 Sunny Side Ranch Community Solar Weed and Reveselation Plan June 2014 Uncompahgre Partnership. 2014. Western Colorado Landscape Collaborative (WCLC). URL: http//upartriership.org/ Utah State University Extension. 2014. Redstem filaree. URL: http://extension.usu.edu/weeds/ Weber, William A., and Ronald C. Wittmann 2012. Colorado Flora, Western Slope. Fourth Edition, University Press of Colorado, Boulder. West, N. E. 2000. Synecology and disturbance regimes of sagebrush steppe ecosystems. In : Entwistle, P.G.; DeBolt, A.M.; Kaltenecker, J.H.; Steenhof, K., comps. Proceedings- sagebrush steppe ecosystems; 1999 July 21-23; Boise, ID. Pub. ID -PT -001001 + 1150USDI. Boise, ID: U.S. Department of the Interior, Burea of Land Management, Idaho State Office: 15-26. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and R. Parker. 2006. Weeds of the Vest— 9th edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. Wingate, Janet L. 1994. Illustrarted Keys to the Grasses of Colorado. Wingate Consulting, 3052 S. Ivan Way, Denver, CO 80227. Winward, Alma H. 2004. Sagebrush of Colorado: taxonomy, distribution, ecology and management. Colorado Division of Parks and Wildlife, Natural Resoources, 6060 Broadway, Denver, CO 80216. Wright, Kevin. 2014. Personal communication with Lisa Tasker of E.M. Ecological, LLC. Colorado Department of Parks and Wildlife. USDA/USFS. 2012. Field Guide for Managing Cheatgrass in the Southwest. General Technical Report 113-R3-16-4/ U.S. Forest Service, Southwestern Region, Albuquerque, NM 87102. http//www.fs.usda.gov/main/r3/forest-grasslandhealth USDA/NRCS. 2014. National Plant Database. Available at http//www.plants.usda.gov (accessed June 2014) Suggested Websites DCNR Invasive Exotic Plant Tutorial for Natural LandManagers: http://www.dcnr.state.pa.us/Forestry/invasivetu.torial/cheatgrass_M_C.htrn For information about calibrating spray equipment: NMSU Cooperative Extension Service Guide A- 613 Sprayer Calibration at http://aces.nmsu.edu/pubs/ a/A-613.pdf Herbicide labels online: http://www.cdrns.net/LabelsMsds/LMDefault.aspx e.m. ecological, LLC 18 Sunny Side Ranch Community So/ar lVeed and Reve2etation Plan June 2014 Appendix 1. State of Colorado and Garfield County Weed List June 2014 List A : Statewide Eradication Common Name Scientific Name African rue Peganum harmala Bohemian knotweed Polygonum x bohemicum Camelthorn Alhagi pseudalhagi Common crupina Crupina vulgaris Cypress spurge Euphorbia cyparissias Dyer's woad lsatis tinctoria Elongated mustard Brassica elongata Giant knotweed Polygonum sachalinense Giant reed Arundo donax Giant salvinia Salvinia molesta Hydrilla Hydrilla verticillata Japanese knotweed Polygonum cuspidatum Meadow knapweed Centaurea pratensis Mediterranean sage Salvia aethiopis Medusahead Taeniatherum caput -medusae Myrtle spurge Euphorbia myrsinites Orange hawkweed Hieracium aurantiacum Purple loosestrifeG Lythrum salicaria Rush skeletonweed Chondrilla juncea Squarrose knapweed Centaurea virgata Tansy ragwort Senecio jacobaea Yellow starthistleG Centaurea solstitialis List B: Prevent Further Spread Common Name Scientific Name Absinth wormwood Artemisia absinthium Black henbane Hyoscyamus niger Bouncingbet Saponaria officinalis Bull thistle Cirsium vulgare Canada thistle Cirsium arvense Chinese clematis Clematis orientalis Common tansy Tanacetum vulgare Common teasel Dipsacus fullonum Corn chamomile Anthemis arvensis Cutleaf teasel Dipsacus laciniatus Dalmatian toadflax- broad leaved Linaria dalmatica Dalmatian toadflax- narrow leaved Linaria genistifolia Dame's rocket Hesperis matronalis Diffuse knapweedG Centaurea diffusa a.m. ecological, LLC 19 Sunnv Side Ranch CommunO, Solar Weed ana' Revesetation Plan June 2014 Gunasianvvatenmilfoi| Myriophyllum spicotun, Hoary cress° [ardoriodrobo Houndstongues Cyn ]ointedBoatgrasss Aegilops cylindrica List 8: Prevent Further Spread (Continued) Leafy spurges Euphorb/oesukz Mayweed chamomile Anthemis cotula Moth mullein Verbascum blattaria Musk thistles Carduus nutans Oxeyadais"u Chrysanthemum /euconthen7un7 Perennial pepperweed 1eoidiunn/otifo/unn P|urne|assthiot|es Carduus acanthoides Quackgrass Elytrigia repens Rusdanknapweeds Acroptilon repens Russian -olives Ekzeognusongustifb0o Salt cedars Tamarix chinensis, T. porvV/or4 and 71 ramosissima Scentless channomi|e Matricaria perforata Scotch thistles Dnnpordunvoconbhi/n7 Scotch thistle Onoporfum tauricum Spotted knapweeds Centaurea maculosa Spurred anoda Anudocrbtoto Sulfur cinquefoil Potentilla recta Venice mallow Hibiscus trionum Wild caraway carvi Yellow nutsedge {yperusescu/entus Yellow toadOaxs Linaria vulgaris ocalized Concern Common Name Name Bm|bousb|ueQra="s°1"m"n Puobulboso Chicory" Cichorium intybus Common burdocks Arctium minus Conommonmu||ein su/a,m"n Verbascum thapsus Common St. Johnswort Hypericum perforatum s^/a,m,m Dovvnybrorne Bromus tectorum Field bindweed Convolvulus arvensis Halogeton Ho/oyetong/onnepotus ]ohnsongrass Sorghum halepense Perennia|yoxvthist|e Sonchus arvensis m�uecological, ��� _ 20 Sung Side Rancb Community Solar -Weed and Revesetalion Plan June 2014 Poison hemlock Conium maculatum Puncturevine Tribulus terrestris Redstem fi|areesm°'Farm Erodium cicutarium Velvetleaf Abutilon theophrasti Wild proso millet Pon/xurnrnil/oceunn Watch List Common Name Scientific Name Asian mustard Brassica tournefortii Baby's breath Gypsophila paniculata Bathurst burr, Spiney cocklebur Xanthium spinosum Common bugloss Anchusooffic/no/is Common reed Phnognn/tesoustro/is Flowering rush Butonnusunnbe8otus Hairy willow -herb Epilobium hirsutum Himalayan blackberry Rubus armeniacus Japanese blood grass/co8ongrass //npenotucy//ndr/co/ Meadow hawkweed Hienoc/unncoespitosunn Onionweed Asphodc/us fistulo«us Pampas grass [ortideriojuboto Scotch broom Cytisus scoparius 3ericea|espedeza Lespedeza cuneata Swainsonpea Sphaerophysa salsula Syrian beancaper 2ygqphv0unnhobogo Water hyacinth Eichhornia crassipes Water lettuce Pistia stratiotes White bryony Bryonia alba Woolly distaff thistle Carthamus lanatus Superscript G for Garfield County listed opccicx. '`�*S"�*~`�onoxious wceds on the projects�ctodutc. e.m. ecological, LLC 21 Plant Community / Weed Map Project Boundary l: t Catherine's Store Plant Species Property Boundary ScotchThistle Sagebrush/Cheatgrass/ Bulbous Bluegrass V/A Scotch Thistle wA Bulbous Bluegrass Whitetop Sagebrush/Cheatg rass Sunny Side Ranch Community Solar Garden Photovoltaic System em ecological, LLC ' /-•'' i natural resource consulting p,g, box 1990 cedgdate o0 81623 % 970.948.4857 Drawn by M. Stover 6/13/2014 June 5, 2014 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Chad Roach Project Manager Clean Energy Collective 3005 Center Green Drive Boulder, CO 80301 RE: Carbondale Landfill Community Solar Garden Project Dear Mr. Roach, Colorado Parks and Wildlife has reviewed the materials provided for the proposed 1.7 megawatt solar garden project in Garfield County near the Carbondale Landfill. Using CPW's Species Activity Maps (SAM) and local knowledge of the area, the following comments summarize the anticipated wildlife impacts resulting from this project, and also provide recommended best management practices (BMPs) to be incorporated into the project design in order to avoid, minimize, and mitigate possible impacts to wildlife species and their habitats. The proposed project is located within mapped Mule Deer Severe Winter Range, Winter Concentration Area, and Black Bear Fall Concentration Area. The project is also directly adjacent to Elk Severe Winter Range, less than one mile from an Elk Winter Concentration Area, and approximately 3/ miles from a Bald Eagle Nest Site (see attached habitat maps). Given the relatively small scale of the project (11.5 acres) and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife. However, CPW does have concerns with the perimeter fencing that is proposed for the boundary of the solar garden. Six foot high chain link fencing with strands of barbed-wire at the top will create a dangerous obstacle for mule deer and elk who attempt to jump the fence. Entanglement in the top strands of barbed-wire can be lethal to animals attempting to access the relatively untouched vegetation within the fenced area. CPW recommends using an eight foot high fence and marking the top strands of barbed wire with flagging or other highly visible material to discourage deer and elk from jumping the fence. Additionally, CPW recommends that raptor perch deterrents be installed on the poles and/or cross arms of any new overhead power lines. Preventing raptors from perching on new power lines will mitigate the risk of mortality from electrocution. Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary Jeanne Horne Bill Kane, Chair Gaspar Perricone • James Pribyl John Singletary Mark Smith, Vice -Chair James Vigil Dean Wingfield Michelle Zimmerman With the inclusion of the following BMPs into the project design, any other anticipated impacts to wildlife from the construction and maintenance of the solar garden should be minimized. Recommended BMPs 1. Complete the bulk of construction activities outside the time period of December 1 to April 15 to reduce disturbances to wintering animals. 2. Limit post construction site visits to the hours between 10:00 a.m. and 3:00 p.m. between the months of December and April. 3. Ban workers and contractors from bringing dogs on site during the construction period. CPW has had problems with worker's pets harassing wildlife in the past. 4. During the construction phase, all garbage must be kept in a bear -proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. 5. Conduct surveys and treat invasive weed species both prior to construction and after construction has been completed. Eliminating any weeds before disturbing top soil will help reduce the spread of invasive species. Also, an effective weed monitoring and treatment plan should be implemented after completion of the project. 6. If reseeding of any disturbed areas is required after construction, use a mix of native grasses, forbs, and shrubs to optimize the ecological site and reduce the spread of non-native species. 7. If the expected disturbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or need for additional information, don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Sincerely, Perry Will, Area Wildlife Manager Cc. Richard Miller, Clean Energy Collective, Land Manager Michelle Zimmerman, Clean Energy Collective, Land Manager Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File 2 * Note: Entire mapped area is within Mule Deer Severe Winter Range, Mule Deer Winter Concentration Area, and Black Bear Fall Concentration Area. x —X-- x /V . Approx. Proj ec+t Boundary x x — x— x— x— x— x— x— x— • ♦ t X — X X � Carbondale Solar Garden Wildlife Habitat Layers Solar Garden Boundary Garfield Cnty Parcels Elk Highway Crossings Elk Severe Winter Range Elk Winter Range ago, �rw ie Miles 0 Mapped by: Taylor Elm, Land Use Specialist 0.05 0.1 Date: June 3, 2014 Approx. Project Boundary x x 1 I x + x Ix_ x-/ 4 Inactive Golden Eagle Nest Carbondale Solar Garden Raptor Data x Solar Garden Boundary Garfield Cnty Parcels BLM Lands Bald Eagle Active Nest Buffer Bald Eagle Roost Sites 0 Miles 0.5 Mapped by: Taylor Elm, Land Use Specialist Date: June 3, 2014 Garfield County Community Wildfire Protection Plan Map 7: Wildiand Fire Susceptibility Index Garfield County, CO LOWER VALLEY ric Utility Una. Townships - - RaMo•ds C y Lands - Comfy Rade • Garlick! : : fire Dlsu 1 (NIG o Not Cawood) - Local Roads - Gr6eld Cj Walland Uth n tnW face MM+em1a-Expra6asmy - taker:-Rewnrorrs Hi81WMr Wldiard Fre Suscep85ON Index NR 240.661 Acres - Law 1.194.700Ac2: ® Nedor., 246.396Acres - Hpn 145.67B Acres n Vary Hipp 65.790 Apes Source: CSFS OE etCOL FPO NAD83 UTM Zona 13N 0 10 Milts • • •• OEWN111100/ OF TCS MOO= tc 11.0e0/0Al01- MRO LT 0004,01..0000 1001. 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Isle. 0. analog.: area Y 1AP24 OCARNITION 00010141 MIL IIMMINCt 4114 V MCOV02111 ZON3. MAO SC mlfL 51.10LV Ma tW ISRSVCATOOSf31OOSR,4LIO0[SLOPCI.LOT TOT 01IL111O 41411.1011:000O NOVTSti QOR+KCII O1 COLO MONO 10T1:011 SOT R WOO. OTCAT 1;.. L llr Ove OrsOuNs vrlQ NO COMO 0..10.1 VOL CLOW Mak IV WY= OMAN. 1140V"CI1iSd MC1 CO6nt NO1.R S101001111 WOO Mr[iT1 t T ! WILL 0[ C MO, =TOISIIS.' ,LO 0114.1.01 NC SOLI 410 TJYIOCA MOM e0CreveoCAL 41O 011111!t SS6OIIO 00110,010 CO= 4nIS. L OTIO4.01Y 4 PAOLO Ove#O NOM Ctf>O144C Y�L WIXT10IL PIO1041iCt NCJYLT 1f'yLT POMISWL COO "OM 4c ryu. LA MAI a 1OURO ONVICOM 10. 1. COLLATED ry y i 1 f l 1 .11 1 - 1 Soil Hazard Profile. Study Areas 1.2. & 3. Garfield County. Colorado L,ifjt PC SCG Ntcsif v000wn ft 1 VESA -c vIneedaeo 1 e� 4 • 0 0 0 4P13 Overview Aerial Image of Clean Energy Collective Array 11 1 •• Visual Reference'PlIht #1.1' 1.• 't View of Clean Energy Collective Array from Catherine Stone Road —Visual Reference Point # 1 Portion of the array visible View of Clean Energy Collective Array from Catherine Stone Road —Visual Reference Point # 2 Portions of the Array Visible View of Clean Energy Collective Array from Catherine Stone Road —Visual Reference Point # 3 Solar Array Area i ID 0 Task Mode Task Name Duration Start Finish Jun 1,'14 IJun 22 '14 Jul 13'14 lAu 3,'14 1Aug 24}}'14 Sep 14,14 OctI5,14 1Oct 26,'14 Nov 16,'14 Dec 7,'14 IDec 28 T I S I M I W 1 F 5 I T I T S I M 1 W I F S I T I T I S l M r W l F I S r T l T 1 S l M J W1 1 1ft SUNNY SIDE RANCH 1.7Mw CONSTRUCTION !84 days Mon 9/1/14 Thu 12/25/14 ® Garfield County Land Use -Approval 1 day Tue 9/2/14 Tue 9/2/14 ® a Bldg. Permit Submission 1 day Wed 9/3/14 Wed 9/3/14 a Permit Approval 14 days Wed 9/3/14 Mon 9/22/14 a Site Mobilization 2 days Tue 9/23/14 Wed 9/24/14 ® Grub & Grade 4 days Wed 9/24/14 Mon 9/29/14 ® a Remove Existing Power Poles 2 days Wed 9/24/14 Thu 9/25/14 a Site Layout -Survey Work 3 days Thu 9/25/14 Mon 9/29/14 ® 7. Fence Installation -Civil Work -Install Gravel 10 days Fri 9/26/14 Thu 10/9/14 Access Path ® Ty Racking System Delivery 2 days Thu 9/25/14 Fri 9/26/14 ® 7, Module Delivery 2 days Wed 10/1/14 Thu 10/2/14 7> Installation of Piers & Caps 20 days Mon 9/29/14 Fri 10/24/14 t Excavation -Rough In for Motor Drives pads 4 days Fri 10/10/14 Wed 10/15/14 M ty AC Wiring/Control Wiring for Motor Drives 3 days Mon 10/13/14 Wed 10/15/14 for tracking system 7. Pour Motor Drive Pads 2 days Thu 10/16/14 Fri 10/17/14 ® a Layout Installation of Tables 5 days Fri 10/17/14 Thu 10/23/14 ® Ty Racking Installation 15 days Fri 10/17/14 Thu 11/6/14 ® a Holy Cross 3phase Interconnection Line Wo 5 days Mon 9/22/14 Fri 9/26/14 ® Ty Inverter/Equipment Pad Excavation 1 day Mon 10/20/14 Mon 10/20/14 ® T. Inverter Pad Rough In -Backfill 5 days Tue 10/21/14 Mon 10/27/14 ® ', Pour Pad 1 day Mon 10/27/14 Mon 10/27/14 ® 7, Module Staging and Installation 15 days Fri 10/17/14 Thu 11/6/14 ® a DC Trenching-Conduit-Combinber Box- 5 days Tue 10/21/14 Mon 10/27/14 Cable Placement ® a AC Trenching-Conduit/Cable Placement 2 days Tue 10/21/14 Wed 10/22/14 ® a Deliver -Set Inverters 1 day Wed 10/29/14 Wed 10/29/14 7> Equipment Wiring -Equipment Pad -Inverter 3 days Thu 10/30/14 Mon 11/3/14 t Build Inverter Shade Structure 1 day Thu 10/30/14 Thu 10/30/14 `> AC Interconnection from Transformer 1 day Tue 11/4/14 Tue 11/4/14 Performance Testing and Commissioning 5 days Wed 11/5/14 Tue 11/11/14 ® AHJ-Final Building/Electrical Inspection 1 day Mon 11/3/14 Mon 11/3/14 7> Holy Cross -Witness Testing 1 day Wed 11/12/14 Wed 11/12/14 `d Final Interconnection -Start -Up 1 day Thu 11/13/14 Thu 11/13/14 a Project Close Out Activities 30 days Fri 11/14/14 Thu 12/25/14 IL 2 3 4 • j 5 6 7 8 9 •- • 10 11 12 r al' 13 14 15 16 17 imi • 18 19 20 21 22 • e- S h I ill 23 24 25 26 27 28 29 30 31 32 33 Project: Sunny Side Ranch Commu Date: Mon 6/9/14 Task Project Summary ^ Inactive Milestone Manual Summary Rollup Deadline i Split External Tasks 1 Inactive Summary V V Manual Summary 9.• Progress Milestone ♦ External Milestone • Manual Task Start -only C Summary • • Inactive Task I 1 Duration -only — — .. Finish -only 3 Page 1 ENERTIA CONSULTING • • • • • • • GROiUPcic July 2, 2014 Mr. Richard Miller, AICP, Land Manager Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80301 RE: Traffic Impact Letter Report CEC-Sunny Side Ranch Community Solar Garden Garfield County, Colorado Dear Mr. Miller: 1437 Larimer St. Denver, CO 80202 720-473-3131 sean.ohearn@enertiacg.com In partial fulfillment of the Garfield County Land Use Change permitting requirements, Enertia Consulting Group (Enertia) has completed this Traffic Impact Letter Report for the proposed Clean Energy Collective Solar Energy Conversion System located along a private road that is accessed via County Road 100 (the Project). The intent of this Report is to provide traffic related information and identify potential Project impacts to affected roadways within Garfield County. The following information is included in this letter report: • Project Location, Components and Construction Schedule • Designated Travel Route • Daily Vehicle Trip Generation • Conclusions. Project Location, Components and Construction Schedule Location The Project is located at 4003 100 County Road (Parcel ID 2391-303-00-037) in the southwest quarter of Section 30, Township 7S, Range 87W and accessed via a private gravel road off 100County Road (or Catherine Store Road). The 11.5 acre solar garden is scheduled to begin construction in the fall of 2014. Figure 1 illustrates the Project location and the potential future solar development area. Components The Project generally includes: a 1.7 MW solar garden with 5,000+/- solar panels mounted on steel (- beams, concrete pad mounted transformer and inverter, an access drive with hammerhead cul-de-sac and perimeter fence with gate. Mr. Richard Miller, AICP Page 2 Construction Schedule It's currently anticipated that the Land Use Change permit will be issued by Garfield County in September 2014. Accordingly, a construction start/mobilization date of September 15, 2014 has been established. Based on this, the following preliminary schedule has been prepared: • Solar Garden Component Delivery • Perimeter Fence Installation • Solar Panel Foundation Installation • Transformer and Inverter Installation • Solar Panel Installation • Punch List and Solar Garden Start-up Designated Access Route Sept 15, 2014 — September 24, 2014 Oct 1, 2014 — October 15, 2014 Oct 1, 2014 — October 30, 2014 Oct 30, 2014 — November 15, 2014 Oct 15, 2014 — December 15, 2014 December 15, 2014 — December 31, 2014. The designated access route is: State Highway 82 to 100 County Road (1.1 mi); and east on private road (0.5 mi). Figure 1 illustrates the access route. The following is a brief description of the access route roadways. 100 County Road (Catherine Store Road) - The segment of 100 County Road included in the travel route is asphalt -paved with a posted speed limit of 25mph. The pavement width is 25 feet with 2 foot shoulders (approx.). The road surface appears to be in good condition, Private Road — The segment of the private road included in the travel route is a 24' wide gravel road with a posted speed limit of 5 mph. The road surface appears to be in fair to good condition. The attached letter from Garfield County Road & Bridge indicates that a driveway permit will not be required for the Project because it's an existing driveway that meets current Road & Bridge standards. Daily Vehicle Trip Generation and Distribution Project development may be divided into the following 3 phases: material and equipment delivery; solar garden construction; and solar garden maintenance). The following Table 1 illustrates the estimated average daily trip generation by vehicle type for each Project phase. Table 1 — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day Material and Equipment Delivery (approx. 1 week) Conex Container and Delivery Trucks 30,000-50,000 lbs 5-10 10-20 Equipment Hauling Trucks 20,000-40,000 lbs 0-2 0-4 Max — 24/Ave -16 Solar Garden Installation (3-4 months) Passenger Vehicles 2,000 to 10,000 lbs 5-12 10-24 Fuel Truck 20,000 to 30,000 lbs 1 2 Material Delivery Truck 20,000 to 30,000 lbs 1 2 Max — 28/Ave - 20 Operations (ongoing once operational) Utility Vehicle 2,000 to 10,000 lbs 1 per month or less Max - 2/Ave - 0 Mr. Richard Miller, AICP Page 3 As illustrated in Table 1, the majority of traffic generated as a result of solar garden installation shall occur during the 3-4 month solar garden installation (max 28/ave 20vtpd). This traffic will generally be site worker passenger vehicles. The majority of heavy truck traffic including conex container delivery (30-50 conex containers/delivery trucks) and equipment (rubber tire loader, pile driver, fork lift) delivery and pickup will travel to and from the Project between 9:30 AM and noon and 1:30PM and 4:OOPM. Project related traffic during all phases will not be significant during AM and PM peak periods (7:30 — 9:00 AM and 4:30 — 6:00 PM, respectively). Conclusions 1. The Project is expected to generate up to 24 vehicle trips per day during material and equipment delivery (anticipated to be one week at the beginning of the project and one week at the end of the project), 24 vehicle trips per day during solar garden installation (3-4 months) and 2 vehicle trips per month during solar garden operation. 2. Project installation is anticipated to begin in September 2014 (material and equipment delivery) and end in January 2015 (solar garden start-up and container and equipment pick-up). The phase with the greatest amount of traffic (solar garden installation) is expected to occur over a 4 month period (September 2014 — December 2015). 3. Daily Project related truck traffic is not expected to impact AM and PM peak traffic periods. 4. As proposed, the solar garden installation (material/equipment delivery — approx.1 week, solar garden installation 4 months and solar garden operations - ongoing) is not anticipated to create adverse traffic related impacts on Garfield County roads. Based on anticipated vehicle type and weight (See Table 1), the project is not anticipated to degrade/damage Garfield County roads. We trust that this Traffic Impact Letter Report for the CEC Sunny Side Ranch Community Solar Garden is acceptable and complete. Please contact me at sean.ohearnna enertiacg.com or (720) 473-3131 should you require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC J. Sean O'Hearn, PE, PG Managing Partner attachment ••4t#4441004011~2104-+ 4•••••• • • • • �Q PROJECT SITE i DESIGNATED TRAVEL ROUTE .r (82) ENER CON:3l7L GROUP 1437 LARIMER STREET DENVER, CO 80202 (720) 250-8305 FIGURE 1 - DESIGNATED TRAVEL ROUTE CLEAN ENERGY COLLECTIVE SOLAR GARDEN CARBONDALE, COLORADO DATE: 07/10/2014 SCALE: N.T.S. BY: MGB