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Home My WebLink About1.00 General Application Materials_Part 1AES Eagle Springs Organic Solar, LLC Land Use Change - Major Impact Permit Application Garfield County - April 6, 2023 AES provides better ways to accelerate a greener, smarter future of energy. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 1 Table of Contents – Sections A and B Executive Summary……………………………………………………………………………………….3 AES Clean Energy and The AES Corporation – Project Qualifications..………...……………………..10 A1 - Land Use Change – Major Impact Application……...……………………………………………..10 A2 – Payment Agreement Form……...………………………………………………………….………11 A3 – Title, deed and Memo of purchase option agreement……...………………………………………12 A4 – Authorization to Represent……..…………………………….……………………………………13 A5 – Property owners contact list ……..………………………………………………………………...14 A6 – Certification of Mineral Ownership Research form ………………………………………………17 A7 – Ditch ownership contact list ……………………………………………………………………….18 A8 – Letter of Authorization for AES.………………………………….……………………………….19 A9 – Narrative on Operational Details and Required Permits…………..……………………………….20 A10 – Copy of Pre-Application Summary…….………………………...……………………………….26 B1 – Vicinity Map……………... ……………………………………………………………………….27 B2 – Site Plan and Grading & Drainage Plan ……………………………………………………….….28 B3 – Landscaping Plan………….……………………………………………………………………….29 B4 – Weed Management Plan…..…………………………………………………………………….….30 B5 – Traffic Study……………... ……………………………………………………………………….31 B6 – Access Permits, Easements, and Roadway Details ………………………………………………..32 B7 – Improvements Agreement waiver request……..……………………………………………….…..33 B8 – Development Agreement waiver request……..…………………………………………………....34 B9 – Wastewater Plan waiver request……..…………………………………………………………….35 B10 – Water Supply Plan waiver request……..…………..…………………..…………………………36 B11 - Industrial Use - Waiver Request to 7-1001 B. Setbacks…………………………………………..37 B12 – Narrative to Article 7 Standards 1, 2, and 3, Section 7-1101……………………………….…….38 B13 – Narrative to Impact Analysis in Section 4-203.G …………………………………….………….45 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 2 Table of Contents – Appendix C C1 – Delineation and Proposed Jurisdictional Determination of Waters of the US……………………..50 C2 – Biological Resources Report……………………………………………………………….………51 C3 – Phase I Environmental Site Assessment…………………...………………………………………52 C4 – Critical Issues Analysis and Permitting Assessment………….……………………………………53 C5 – FAA Determination of No Hazard to Air Navigation ……..………………………………….…...54 C6 – Stormwater Memo………………………………….………………………………………………55 C6a – Stormwater Management Plan – Receipt of submission to CDPHE ……..………………………56 C7 – ForgeSolar Glare Analysis.. ……………………………………………………………………….57 C8 – Holy Cross Energy Letter of Attestation.………………………….……………………………….58 C9 – AES Battery Storage System Fire Risk Assessment….…….……..……………………………….59 C10 – Garfield County Wildfire Susceptibility Map…….……………...……………………………….60 C11– Geotechnical Engineering Report.…….………………………….……………………………….61 C12 – Operations and Maintenance Schedule…….……..……………...……………………………….62 C13 – Aspen Valley Land Trust and AES Memo of Understanding.……..……...……..……………….63 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 3 AES Eagle Springs Organic Solar Land Use Change – Major Impact Permit Garfield County, Colorado Section 1 Executive Summary AES Eagle Springs Organic Solar, LLC, (“AES”) would like to present Garfield County (“the County”) with this application for a Land Use Change – Major Impact permit application for the development, construction, and long-term operation of a solar energy and battery storage power project known as AES Eagle Springs Organic Solar to be located in Silt (the “Project”). The Project is expected to produce 31,700 MWh annually and will support Holy Cross Energy’s (“HCE”) efforts to source 100% of their power supply from renewable energy resources by 2030. The coupling of battery storage technology will facilitate a firm renewable supply to HCE’s customers by allowing for solar energy captured during daytime periods of low load to be released in peak evening hours even after the sun has gone down. The Project is to be located off Mamm Creek Road, Silt, CO 81650 on parcels 217917300732, 217917200710, 21791800691 owned by Eagle Springs Organic, LLC (“Landowner”). AES and the Landowner have executed a binding Option to Lease Agreement for up to 95 acres of said parcels contingent upon receipt of all permits, contracts, and approvals necessary to begin construction activity. The Project anticipates occupying approximately 54 acres of fenced boundary. AES Eagle Springs Organic Solar is a late-stage development project with site control, land diligence surveys, and a signed Power Purchase Agreement with HCE in-hand. AES expects to conclude contracting, engineering, and ministerial permitting in Summer 2023 with construction starting as soon as October 16, 2023, and commercial operation to be achieved prior to December 31, 2024, when the Project will begin delivering power to HCE’s distribution system in benefit of its ratepayers. AES further estimates the project will provide approximately $584,940 in sales tax receipts during construction and another $1,275,000 in property taxes over its operating lifetime. AES would be fully responsible for the development, installation, financing, administration, and long- term operation and ownership of the 10 MW AC / 20 MWh photovoltaic solar farm. AES appreciates this opportunity to present this clean energy solution to Garfield County and believes its proven track record as a leading Fortune 500 renewable energy company will provide Garfield County confidence in having a partner capable of responsibly and reliably providing clean energy to its residents. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 4 Project Overview AES respectively requests review and eventual Board of County Commissioners’ approval for this Land Use Change – Major Impact permit application in order to supply 10 MW AC / 20 MWh of dispatchable renewable energy over a minimum of 20 years pursuant to the Power Purchase Agreement signed between the Project and HCE on 12/16/2020. The Project is to be located on up to 95 acres to be leased from a total of 257.56 acres constituting the three host parcels off Mamm Creek Rd. owned by the Eagle Springs Organic, LLC and subject to the Option to Purchase Agreement. Current design anticipates about 53.9 acres of fenced project area. The project will interconnect to the distribution grid using an underground electrical conduit run from the proposed project area to the existing 24.9 kV line on site, where new utility pole placements will meet the medium voltages cables as they surface and connect to overhead lines. Within the solar farm, there will be north-south rows of anti-reflective solar panels mounted to steel posts driven into the earth. All electrical components will be UL-listed, sourced from an approved Tier 1 vendor list maintained by AES and in compliance with the National Electric Code (“NEC”). The electricity generated is targeting interconnection into Holy Cross’ 24.9.4kV electrical distribution circuit that runs from the west of the property towards the Rifle Ute substation, approximately two miles away. The annual production is expected to be 1,945 kWh/kW per year, or 31,700 MWh, which is enough power to meet about 2.5% of HCE’s load. If approved for this permit, AES will work to begin construction as soon as October 16th, 2023, with a target completion and commercial operation date no later than December 31st, 2024. Thank you for your consideration of our permit application. If approved, we look forward to continuing to work with Garfield County, HCE, and its residents and customers in a long-term partnership delivering clean energy to the Western Slope. Rob Cooper VP, Development AES Eagle Springs Organic Solar, LLC AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 5 AES Clean Energy is the renewable energy development business within The AES Corporation that includes solar, wind, and energy storage development teams. The business represents one of the top renewables growth platforms and is focused on accelerating the safe, reliable transition to cleaner energy solutions in the US. For AES Eagle Springs Organic Solar and this Land Use Change – Major Impact permit application, AES is unique in acting as both the originating developer and long-term project owner, in addition to assuming oversight and contracting of one of its industry-leading, long-standing EPC partners and organizing the full capital stack for financing the project. AES employs its own equity for development and construction and long-term ownership stake while managing its secured source of back-levered debt and allocating tax equity benefits among one of its existing, long-term tax equity partnerships. Garfield County can take added comfort in AES’ applications knowing that it will have a single company as the face of the Project, one that has known the project since its inception and will be responsible for operating it over its expected lifetime of 20-35 years. We are committed to delivering smarter energy solutions that work for our customers and the communities in which we operate. To help our partners achieve their carbon-free goals, it takes people and products and we have both. • 1000+ people – With more than 1000 industry experts, we have in-house capabilities to carry renewable energy products from development, through construction, to operation. • 4.7 GWs operating projects – Across the US we develop, own, and operate solar, wind, and storage facilities that help make the vision of a carbon-free grid a reality. • 50 GWs in development – Our people continue to feed the pipeline of renewables for a greener environment. Founded in 1981 and headquartered in Arlington, VA, The AES Corporation (NYSE: AES) is a Fortune 500 global energy company accelerating the future of energy. In 2022 AES had revenues of $12.3 Billion and we own and manage $37.8 Billion in total assets. Together with our many stakeholders, we're improving lives by delivering the greener, smarter energy solutions the world needs. Our diverse workforce is committed to continuous innovation and operational excellence, while partnering with our customers on their strategic energy transitions and continuing to meet their energy needs today. We are AES CLEAN ENERGY AND THE AES CORPORATION – PROJECT QUALIFICATIONS Section 2 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 6 committed to a wide range of social, economic and environmental initiatives that will improve the lives of our customers and their communities; protect the environments in which we operate; and empower our people and businesses. The following diagram illustrates the simplified organizational structure of AES Eagle Springs Organic Solar, LLC, and its relationship to AES Clean Energy and ultimately, The AES Corporation. AES is on track to become one of the five largest renewable developers in the world, outside of China. AES is leveraging its competitive position to benefit from rapid growth in renewables, which are expected to grow by 50 GW annually in key markets through 2023, by adding 3 to 4 GW of renewables annually to its own development and operations portfolio. At the end of 2020, AES was upgraded to an investment grade credit rating ((BBB-) by Fitch, Ba1 by Moody’s, and its BBB- credit rating outlook was raised to Positive by S&P) reflecting a nearly decade-long transformation to strengthen the balance sheet and simplify the portfolio. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 7 AES’ United States renewable portfolio consists of utility scale solar, solar + battery energy storage systems, standalone storage, and wind, totaling more than 4.7 GW of operating facilities and over 50 GW of projects in various development and construction stages. Each project represents our expertise in design, construction, financing, and long- term maintenance and operations. Vertically Integrated Structure Our vertically integrated structure relies on in-house capabilities ranging from project financing to asset management. We have deep and diverse expertise in each of the value chain functions, minimizing our reliance on outsourcing. Our integrated approach plays on the strengths of each of our teams to optimize overall project delivery, resulting in value to our customers and our strong reputation for delivering on our promises.  The project finance group is experienced in structuring non-recourse project debt financing and raising project equity capital from strategically positioned and tax-oriented industry equity investors. It is primarily responsible for negotiating and executing the investment financing of distributed generation and utility-scale power plant systems, allowing us to optimize the value of our project development portfolio to provide competitive project pricing for our customers.  Our project development team has developed over 4.7 GW of renewable projects by focusing on optimizing the process of organic development to minimize cycle time, while maintaining the proper respect for natural resources. The team obtains land and land rights for the development, negotiates long-term power purchase agreements (PPA) with potential purchasers of the electricity to be generated by those plants, manages the interconnection and transmission process, negotiates agreements to interconnect the plant to the electric grid and obtains the permits which are required prior to the construction of the plant (including applicable environmental and land use permits).  We manage engineering and construction services for projects developed by our internal project development team and projects developed by third-party solar power project developers. The procurement component of our engineering and construction management includes the strict quality control of all the modules procured at the manufacturing facility, as well as balance AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 8 of system components that we procure from third parties. We work only with Tier 1 equipment manufacturers to ensure the highest quality performance in our solar projects.  We provide ongoing O&M and Asset Management services under long-term service agreements. Services may include overseeing the day-to-day operation of the system, safety and security, maximizing energy production, vegetation control and management of reliability, site services and power purchase agreements. Additionally, our O&M team offers environmental, permit, regulatory and other contract compliance, recordkeeping, forecasting, warranty, preventative and scheduled maintenance, and spare parts inventory management. O&M services may also include certain additional guarantees relating to the project. Currently, we are operating more than 4.7 GW of renewable energy generation. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 9 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 10 Please see the following pages for the formal Land Use Change permit application from Garfield County. PART A – PROJECT OVERVIEW COMPLETED LAND USE PERMIT APPLICATION Section A1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION 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 Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards 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 correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 11 Please see the following pages for a completed payment agreement form signed by AES Eagle Springs Organic Solar, LLC. PAYMENT AGREEMENT Section A2 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 12 Please see the following pages for related copies of title, deed, and the recorded Memorandum of Option to Lease Agreement between AES and Eagle Springs Organic, LLC that was signed on 6/30/2022 and recorded on 7/6/2022 for the Option to Lease agreement executed and made effective on 5/31/2022. TITLE, DEED, AND PURCHASE DOCUMENTATION TO THE SUBJECT PROPERTY Section A3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 1 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado Commitment ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1130169-NRG COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 2 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 3 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 4 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1130169-NRG Transaction Identification Data for reference only: Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 4370 La Jolla Village Dr., Suite 660, San Diego, CA 92122 Commitment No.: NCS-1130169-NRG Phone Number: (858)352-2073 Property Address: APN: 217917300732, 217917200710, 21791800691, Silt, CO Issuing Office File No.: NCS-1130169-NRG Revision No.: SCHEDULE A 1. Commitment Date: May 17, 2022 at 5:00 PM 2. Policy or Policies to be issued: (a) ☒ ALTA® Owner's Policy (6-17-06) Proposed Insured: A Purchaser To Be Determined Proposed Policy Amount: $1,000.00 (b) ☐ ALTA® Loan Policy (6-17-06) Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is A Leasehold Estate created by that certain unrecorded Lease Agreement dated __________, 2022, by and between Eagle Springs Organic LLC, a Colorado limited liability company, as Lessor, and __________, as Lessee, and as evidenced by that certain Memorandum of Lease recorded __________, 2022 at Reception No. __________, in the records of the Clerk and Recorder of Garfield County, Colorado. . 4. The Title is, at the Commitment Date, vested in: Eagle Springs Organic LLC, a Colorado limited liability company 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 5 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1130169-NRG Commitment No.: NCS-1130169-NRG The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Parcel 1: A tract of land being situated in Sections 17, 18 and 20, Township 6 South, Range 92 West of the 6th, P.M., County of Garfield, State of Colorado, and being more particularly described by metes and bounds as follows: Beginning at the Southeast corner of said Section 17, said point being a Garfield County Surveyor brass cap and standard monument found in place; thence south 00°35'11" East 2625.60 feet along the East line of said Section 20 to the East 1/4 corner of said Section 20, a rebar and aluminum cap PLS No. 13501 found in place; thence departing said East line south 00°35'08" East 642.09 feet; thence North 89°43'26" West 645.22 feet; thence North 00°35'26" West 945.17 feet; thence North 54°12'00" East 746.74 feet; thence North 00°35'33" West 1777.63 feet; thence North 40°00'53" West 137.56 feet to a point on the South line of said Section 17; thence North 89°37'23" West 2515.69 feet along said South line to the South 1/4 corner of said Section 17 a Garfield County Surveyor brass cap and standard monument found in place; thence North 89°37'13" West 1330.74 continuing along said South line to the Southwesterly Right of Way of Garfield County Road No. 315 as constructed and in place; thence along said Southwesterly Right of way the following five courses: thence North 63°09'59" West 185.49 feet; thence 385.40 feet along the arc of a curve to the left having a radius of 2327.53 feet, a central angle of 09°29'14" and sub-tending a chord which bears North 67°54'36" West 384.96 feet; thence North 72°39'13" West 261.24 feet; thence 406.34 feet along the arc of a curve to the right having a radius of 1048.35 feet, a central angle of 22°12'28" and sub-tending a chord which bears North 61°32'59" West 403.80 feet; thence North 50°26'45" West 245.92 feet to a point on the West line of said Section 17; thence departing said Right of way line North 00°48'45" West 656.92 feet along said West line to the Northeast corner of the Southeast 1/4 Southeast 1/4 of said Section 18; thence South 88°44'03" West 75.17 feet along the North line of said Southeast 1/4 Southeast 1/4; thence departing said North line North 00°43'33” West 638.39 feet; thence South 55°12'50" West 55.15 feet; thence South 64°09'45" West 112.73 feet; thence North 73°51'26" West 99.23 feet; thence North 42°08'11" West 92.15 feet; thence North 30°56'09" West 126.67 feet; thence North 35°47'40" West 151.00 feet; thence North 30°14'52" West 141.82 feet; thence North 23°17'10" West 121.36 feet; thence North 02°38'11" West 120.69 feet; thence North 88°07'22" East 1972.14 feet; thence South 00°24'51" East 446.48 feet; thence North 89°35'09" East 73.48 feet; thence North 67°35'52" East 75.86 feet; thence North 41°23'33" East 197.11 feet; thence North 65°10'14"E. 89.21 feet; thence South 88°37’32” East 310.70 feet; thence North 32°07'59" East 137.37 feet; thence North 57°43'16" East 114.45 feet; thence South 81°56'44" East 253.28 feet; thence South 64°41'18" East 224.24 feet; thence South 32°49'27" East 622.16 feet; thence South 10°12'43" East 232.55 feet; thence South 57°23'37" East 312.29 feet; thence South 44°56'02" East 187.07 feet; thence South 58°45'19" West 201.71 feet; thence South 10°52'22" West 184.25 feet; thence North 86°10'25" West 182.21 feet; thence South 62°43'01" West 194.06 feet; thence South 05°00'15" West 194.47 feet; thence South 63°00'39" East 224.98 feet; thence South 45°43'10" East 392.64 feet; thence North 68°54'07" East 732.84 feet; thence North 00°29'15" West 606.92 feet; thence North 89°39'58" East 739.15 feet; thence South 00°28'01" East 659.16 feet; thence North 89°31'59" East 304.20 feet; thence South 00°28'01" East 579.34 feet: thence South 89°37'23" East 287.37 feet; thence South 00°28'01" East 99.61 feet to the Point of Beginning. Parcel 2: A tract of land situated in Section 17 and Section 18, Township 6 South, Range 92 West of the 6th P.M., being more particularly described as follows: Beginning at a point whence the N1/4 Corner of said Section 18 bears North 53°43'31" West 2950.59 feet; thence South This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 6 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 83°05'10" East 280.42 feet; thence South 58°13'39" East 82.34 feet; thence North 83°41'54" East 1255.44 feet; thence South 00°24'51" East 899.93 feet; thence South 88°07'22" West 1972.16 feet; thence North 60°58'16" West 75.18 feet; thence North 35°34'51" East 486.24 feet; thence North 17°45'51" East 495.51 feet to the Point of Beginning, County of Garfield, State of Colorado. Parcel 3: A tract of land situated in Section 18, Township 6 South, Range 92 West of the 6th P.M., being more particularly described as follows: Beginning at a point whence the N1/4 Corner of said Section 18 bears North 19°05'52" West 1382.10 feet; thence North 89°20'17" East 2115.85 feet; thence South 22°10'26" West 501.22 feet; thence South 17°45'51" West 495.51 feet; thence South 35°34'51" West 486.24 feet; thence North 84°32'15" West 133.17 feet; thence North 46°24'49" West 422.28 feet; thence North 43°53'11" East 87.60 feet; thence North 46°24'49" West 30.00 feet; thence South 43°35'11" West 87.60 feet; thence North 46°24'49" West 1425.13 feet to the Point of Beginning. County of Garfield, State of Colorado. Parcel 4: Together with an easement for a buried irrigation pipeline, said easement encumbering a portion of the SW1/4SW1/4 of Section 16 and the SE1/4SE1/4 of Section 17, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado, said easement being twenty (20') feet in width and lying ten (10') on each side of the following described centerline: Beginning at a point from whence the Southeast corner of said Section 17 bears S00°28'01" E, 99.61 feet, said Southeast corner being a Garfield County Surveyor brass cap and standard monument found in place; thence along the centerline of said easement the following two courses: 1) N 26°41'17" E, 265.48 feet; 2) N 01°16'08" W, 730.91 feet to the Southerly line of an existing irrigation pipeline easement as described in document recorded in Book 1784 at Page 431 of the records of said Garfield County, the Point of Terminus of the easement described herein, County of Garfield, State of Colorado. Parcel 5: Together with and subject to a non-exclusive access and utility easement, for use in common with Grantor and others situate in Sections 18, Township 6 South, Range 92 West of the 6th P.M., being thirty (30) feet in width and lying fifteen (15) feet on each side of the following described centerline. Beginning at a point on the north right of way of Garfield County Road No. 315 whence the Southeast Corner of said Section 18 bears South 41°08'47" East 3043.89 feet; thence North 83°01'14" East 43.01 feet; thence along a curve to the left with an arc length of 72.98 feet, a radius of 137.21 feet, a central angle of 30°28'37", a chord bearing of North 67°46'56" East, a chord length of 72.13 feet, thence North 52°32'38" East 85.19 feet; thence along a curve to the left with an arc length of 63.79 feet, a radius of 256.00 feet, a central angle of 14°16'39", a chord bearing of North 45°24'18" East, a chord length of 63.63 feet, thence North 38°15'58" East 50.85 feet; thence along a curve to the right with an arc length of 54.97 feet, a radius of 153.12 feet, a central angle of 20°34'05", a chord bearing of North 48°33'01" East, a chord length of 54.67 feet, thence North 58°50'03" East 133.46 feet; thence along a curve to the right with an arc length of 191.64 feet, a radius of 209.50 feet, a central angle of 52°24'38", a chord bearing of North 85°02'22” East, a chord length of 185.03 feet, thence South 68°45'19" East 145.88 feet; thence along a curve to the left with an arc length of 177.43 feet, a radius of 188.46 feet, a central angle of 53°56'36", a chord bearing of North 84°16'23" East, a chord length of 170.95 feet, thence North 57°18'06" East 82.80 feet; thence along a curve to the right with an are length of 85.89 feet, a radius of 109.47 feet, a central angle of 44°57'19", a chord bearing of North 79°46'45" East, a chord length of 83.70 feet, thence South 77°44'35" East 79.54 feet; thence South 84°49'59" East 123.77 feet; thence along a curve to the right with an arc length of 105.16 feet, a radius of 93.58 feet, a central angle of 64°23'03", a chord bearing of South 52°38'28" East, a chord length of 99.71 feet to the Point of Terminus. For informational purposes only: APNs: 217917300732, 217917200710 and 217918100691 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 7 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1130169-NRG Commitment No.: NCS-1130169-NRG SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. NOTE: Tax certificate(s) must be ordered by or provided to the Company at least one week prior to closing. 6. Local ordinances may impose inchoate liens on the Land for unpaid water, sewer, stormwater drainage, or other utilities charges. If this transaction includes a sale of the Land, a Utilities Agreement and/or escrow is required. 7. Evidence that all assessments for common expenses, if any, have been paid. 8. Receipt by the Company of an ALTA/NSPS Land Title Survey, certified to First American Title Insurance Company, and in form and content satisfactory to the Company. The Company reserves the right to make further requirements and/or exceptions upon review of this survey. 9. Receipt by the Company of the Lease to be insured hereunder, and all amendments and modifications thereto, if any. NOTE: This commitment is subject to further requirements and/or exceptions upon review of this lease agreement. 10. Recordation of a Memorandum of Lease satisfactory to the Company, between Eagle Springs Organic LLC, a Colorado limited liability company, as Lessor, and A Lessee To Be Determined, as Lessee. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 8 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 11. Estoppel Affidavit from Eagle Springs Organic LLC, a Colorado limited liability company, as Landlord under the Lease, which contains the following: (i) consent to the sale/assignment of the leasehold interest, (ii) statement that the Lease and all amendments thereto are in full force and effect, (iii) statement that there are no existing defaults, or conditions or events that could ripen into default, (iv) the remaining lease term (noting extensions or options), and (v) affirmation that the lease is still valid and enforceable. 12. Receipt by the Company of the following documentation for Eagle Springs Organic LLC, a Colorado limited liability company: Operating Agreement, and all amendments thereto, if any. NOTE: The Company reserves the right to make further requirements and/or exceptions upon review of the above item(s). 13. Receipt by the Company of a satisfactory Final Affidavit and Indemnity, executed by Eagle Springs Organic LLC, a Colorado limited liability company. 14. Prior to closing, the Company must confirm whether the county recording office in which the Land is located has changed its access policies due to the COVID-19 outbreak. If recording has been restricted, specific underwriting approval is required; and, additional requirements or exceptions may be made. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 9 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII (Cont.) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1130169-NRG Commitment No.: NCS-1130169-NRG SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. Note: Exception number 5 will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any water rights, claims of title to water, in, on or under the Land. 8. Any existing leases or tenancies. The Following Matters Affect Parcel 1 9. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 21, 1911 at Reception No. 41153. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 10 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 10. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 5, 1913 at Reception No. 47335. 11. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded August 7, 1919 at Reception No. 67206. 12. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 15, 1923 at Reception No. 85040. 13. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 12, 1939 at Reception No. 136057. 14. Mineral rights as conveyed by Mineral Deed recorded September 28, 1954 at Reception No. 187295, and any and all assignments thereof or interests therein. 15. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded August 13, 1959 at Reception No. 206412. 16. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Contract and Grant of Electric Transmission Line Easement recorded September 12, 1962 at Reception No. 218724. 17. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Correction Deed recorded July 17, 1967 at Reception No. 238429. 18. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded December 3, 1986 at Reception No. 376826. 19. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Agreement and Grant of Ditch Easement recorded December 31, 1996 at Reception No. 503005. 20. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Contract (Option) recorded September 2, 1993 at Reception No. 451997. 21. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Contract and Grant of Easement recorded October 8, 1982 at Reception No. 333185. 22. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Grant of Easement for Access Road recorded August 26, 1963 at Reception No. 222594. 23. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded August 5, 1976 at Reception No. 273845. 24. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right of Way Agreement recorded September 15, 1967 at Reception No. 238959. 25. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right of Way Agreement recorded September 15, 1967 at Reception No. 238962. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 11 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 26. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Electric Association, Inc. Right-of-Way Agreement recorded October 2, 1973 at Reception No. 260199. 27. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Contract and Grant of Easement recorded October 18, 1982 at Reception No. 333427. 28. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Contract and Grant of Easement recorded February 15, 1983 at Reception No. 338461. 29. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded August 19, 1994 at Reception No. 467462. 30. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Rocky Mountain Natural Gas Company - Weiners, recorded December 15, 1995 at Reception No. 486469. 31. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded September 21, 2000 at Reception No. 569672. 32. Terms, conditions, provisions, obligations and agreements as set forth in the Trench, Conduit, and Vault Agreement recorded May 21, 2001 at Reception No. 581256. 33. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Underground Right-of-Way Easement recorded May 24, 2001 at Reception No. 581548. 34. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 2002-24 recorded March 26, 2002 at Reception No. 599798. 35. Easements as stated, subject to and granted in Warranty Deed recorded November 8, 2002 at Reception No. 614281. 36. Easements as stated, subject to and granted in Warranty Deed recorded January 30, 2003 at Reception No. 619734. 37. Easements as stated, subject to and granted in Warranty Deed recorded July 25, 2003 at Reception No. 632704. 38. Easements as stated, subject to and granted in Warranty Deed recorded October 22, 2003 at Reception No. 639143. 39. Easements as stated, subject to and granted in Warranty Deed recorded April 16, 2004 at Reception No. 650306. 40. Easements as stated, subject to and granted in Warranty Deed recorded May 6, 2004 at Reception No. 651634. 41. Easements as stated, subject to and granted in Warranty Deed recorded April 21, 2004 at Reception No. 650608. 42. Easements as stated, subject to and granted in Correction Warranty Deed recorded May 13, 2004 at Reception No. 652066. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 12 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 43. Easements as stated, subject to and granted in Warranty Deed recorded April 23, 2004 at Reception No. 650748. 44. Easements as stated, subject to and granted in Correction Warranty Deed recorded May 13, 2004 at Reception No. 652065. 45. Easements as stated, subject to and granted in Second Correction Warranty Deed recorded July 12, 2004 at Reception No. 655807 46. Easements as stated, subject to and granted in Warranty Deed recorded May 18, 2004 at Reception No. 652320. 47. Easements as stated, subject to and granted in Warranty Deed recorded August 24, 2004 at Reception No. 658553. 48. Easements as stated, subject to and granted in Warranty Deed recorded September 8, 2004 at Reception No. 659510. 49. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627540. 50. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627541. 51. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627542. 52. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627543. 53. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right-of- Way and Easement Agreement recorded April 27, 2005 at Reception No. 673039. 54. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Avigation and Hazard Easement recorded August 21, 2008 at Reception No. 754441. 55. Terms, conditions, provisions, obligations and agreements as set forth in the Assignment recorded March 31, 2010 at Reception No. 784055. 56. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right-of-Way and Easement Agreement recorded June 22, 2010 at Reception No. 787550. 57. Terms, conditions, provisions, obligations and agreements as set forth in the West divide Water Conservancy District Memorandum of Water Allotment Contract recorded April 29, 2011 at Reception No. 801932. 58. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded September 9, 2011 at Reception No. 807934. 59. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 2011-49 recorded September 14, 2011 at Reception No. 808081. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 13 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 60. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Access Easement Agreement recorded September 27, 2011 at Reception No. 808555. 61. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Access Easement Agreement recorded September 27, 2011 at Reception No. 808556. 62. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Access Easement Agreement recorded September 27, 2011 at Reception No. 808557. 63. Terms, conditions, provisions, obligations and agreements as set forth in the Land Use Change Permit recorded June 20, 2012 at Reception No. 820265. 64. Terms, conditions, provisions, obligations and agreements as set forth in the Garfield County Treasurer's Deposit Agreement recorded June 21, 2012 at Reception No. 820333. 65. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded June 24, 2013 at Reception No. 837118. 66. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Underground Right-of-Way Easement recorded September 27, 2013 at Reception No. 841302. 67. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Access Easement Agreement and Deed recorded December 31, 2014 at Reception No. 857779. 68. Terms, conditions, provisions, obligations and agreements as set forth in the Joint Venture Agreement for Further PV Solar Generation Development at Eagle Springs Organic Farm recorded May 11, 2017 at Reception No. 892256. 69. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded February 23, 2017 at Reception No. 889359. 70. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Quit Claim Deed (Easement) recorded March 31, 2010 at Reception No. 784054. 71. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Quit Claim Deed (Easement) recorded March 23, 2006 at Reception No. 694644. 72. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Deed recorded March 23, 2006 at Reception No. 694645. 73. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Grant of Easement recorded July 12, 1996 at Reception No. 495705. 74. Easement as subject to as stated in Warranty Deed recorded June 23, 2010 at Reception No. 787615. The Following Matters Affect Parcel 2 75. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 15, 1923 at Reception No. 85040. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 14 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 76. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 12, 1939 at Reception No. 136057. 77. Mineral rights as conveyed by Mineral Deed recorded September 28, 1954 at Reception No. 187295, and any and all assignments thereof or interests therein. 78. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded August 19, 1994 at Reception No. 467462. 79. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627540. 80. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Deed recorded April 16, 2004 at Reception No. 650305. 81. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded June 21, 207 at Reception No. 726036. 82. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded June 27, 2007 at Reception No. 726646. 83. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded April 29, 2009 at Reception No. 767040. 84. Terms, conditions, provisions, obligations and agreements as set forth in the Assignment/Transfer recorded March 29, 2011 at Reception No. 800704. 85. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 2011-49 recorded September 14, 2011 at Reception No. 808081. 86. Terms, conditions, provisions, obligations and agreements as set forth in the Land Use Change Permit recorded June 20, 2012 at Reception No. 820265. 87. Terms, conditions, provisions, obligations and agreements as set forth in the Garfield County Treasurers Deposit Agreement recorded June 21, 2012 at Reception No. 820333. 88. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded June 24, 2013 at Reception No. 837118. 89. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Access Easement Agreement and Deed recorded December 31, 2014 at Reception No. 857779. 90. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Water Tank Easement Agreement and Deed recorded March 2, 2015 at Reception No. 859925. 91. Terms, conditions, provisions, obligations and agreements as set forth in the Joint Venture Agreement for Further PV Solar Generation Development at Eagle Springs Organic Farm recorded May 11, 2017 at Reception No. 892256. The Following Matters Affect Parcel 3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 15 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado 92. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 12, 1939 at Reception No. 136057. 93. Mineral rights as conveyed by Mineral Deed recorded September 28, 1954 at Reception No. 187295, and any and all assignments thereof or interests therein. 94. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded August 19, 1994 at Reception No. 467462. 95. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded May 19, 2003 at Reception No. 627540. 96. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded April 6, 2006 at Reception No. 695573. 97. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded June 21, 2007 at Reception No. 726036. 98. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Easement and Right of Way recorded June 27, 2007 at Reception No. 726646. 99. Terms, conditions, provisions, obligations and agreements as set forth in the Assignment/Transfer recorded March 29, 2011 at Reception No. 800704. 100. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Right-of-Way Easement recorded December 21, 2012 at Reception No. 828871. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 16 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that 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: Pursuant to Colorado Division of Insurance Regulations 8-1-1, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) 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 have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 17 of 17 ALTA Commitment for Title Insurance (8-1-16) Colorado C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. 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. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 13 Please see the following pages for the Statement of Authority designating Rob Cooper as agent of AES Eagle Springs Organic Solar, LLC, as well as that for Ken Sack of Eagle Spring Organic LLC. STATEMENT OF AUTHORITY Section A4 liii P'iLr'lL'i'1''!I'!I"i 11111 Reception#:984272 03/17/2023 12:52:57 PM Jacklyn K.Harmon 1 of 1 Rec Fee:$13,00 Doc Fee:0.O0 GPRFIELD COUNTY CO Y3 ii I (I]iiii i :ni ii a Pursuant to C.R.S.§38-30-172,the undersigned executes this Statement of Authority on behalf of AES Eagle Springs Organic Solar,LLC ,a Delaware limited liability company (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 AES Eagle Springs Organic Solar,LLC and is formed under the laws of the State of Delaware The mailing address for the Entity is 282 Century Place,Suite 2000 Louisville,CO 80027 The name and/or position of the person authorized to execute instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the Entity is Rob Cooper 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"):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 ______ day of r-,20 Signature: Name (printed):, Title (if any):±orZ STATE OF (1 -AMO COUNTY OF ______________ The foregoing instrument was acknowledged before me this 6 day of __________________,20.2 by -o ,on behalf of A'cL 'pi SoLit 2... Witness my hand and official seal. My commission expires:p1 taric(Dte) [SEAL] Kathleen A KellyNOTARyPUBLICSTATEOFCOLORAj NOTARY ID#2O204o2gj5MYCOMMISSIONEXPIREsJune10, / AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 14 Name Address Parcel Public Service Company of Colorado 1225 17th Street, Suite 400 Denver, CO 80202 217916300119 EAGLE SPRINGS ORGANIC LLC PO BOX 351 RIFLE, CO 81650 217916300723 EAGLE SPRINGS ORGANIC LLC PO BOX 351 RIFLE, CO 81650 217917200710 VARDAMAN, CRAIG & DIANA 001065 COUNTY RD 315 SILT, CO 81652 217917300679 EAGLE SPRINGS ORGANIC, LLC PO BOX 351 RIFLE, CO 81650 217917300732 EAGLE SPRINGS ORGANIC, LLC PO BOX 351 RIFLE, CO 81650 217917400686 EAGLE SPRINGS ORGANIC, LLC PO BOX 351 RIFLE, CO 81650 217917400731 EAGLE SPRINGS ORGANIC LLC PO BOX 351 RIFLE, CO 81650 217918100691 BEDROCK RESOURCES LLC PO BOX 1167 SILT, CO 81652-1167 217918400720 B & B MAMM CREEK LLC 1831 RAILROAD AVENUE RIFLE, CO 81650 217919100511 TEP ROCKY MOUNTAIN LLC 1058 COUNTY ROAD 215 PARACHUTE, CO 81635 217920100510 ANCHONDO, MANUEL PO BOX 1461 BASALT, CO 81621 217920100666 RAMIREZ, GILBERT 1530 E 12TH STREET RIFLE, CO 81650 217920100735 HERRERA, MARTIN R & MARIA A 76 MARBLE COURT CARBONDALE, CO 81623 217920400667 LARSEN, ROBERT E & JOELY L 1188 EAGLE SPRINGS RANCH ROAD SILT, CO 81652 217920400668 EAGLE SPRINGS ORGANIC LLC PO BOX 351 RIFLE, CO 81650 217921200698 EAGLE SPRINGS ORGANIC LLC PO BOX 351 RIFLE, CO 81650 217921200700 NAMES AND ADDRESSES OF PROPERTY OWNERS WITHIN 200FT Section A5 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 15 TEP ROCKY MOUNTAIN LLC 1058 COUNTY ROAD 215 PARACHUTE, CO 81635 217921300704 COLLINS LAND ACQUISITIONS, LLC PO BOX 1017 SILT, CO 81652 217917200122 ORGANIC GROWERS LLC PO BOX 351 RIFLE, CO 81650 217917200687 PORT EVERGLADES RESTAURANT CORP 150 PAULARINO AVENUE, BUILDING C COSTA MESA, CA 92626 217918100123 SNYDER, JAMES G TRUST 3495 COUNTY ROAD 346 SILT, CO 81652 217918100124 SACK, KENNETH J PO BOX 351 RIFLE, CO 81650 217918100681 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 16 In addition to those landowners, we have identified the following key stakeholders we understand to have an interest in the Project. Organization Point of Contact Name Mailing Address Garfield County Road and Bridge Department Wyatt Keesbery, Director District 2-3 facility 0298 County Road 333A Rifle, CO 81650 Garfield County Environmental Health Manager Jannette Whitcomb 195 West 14th Street Rifle, CO 81650 Garfield County Vegetation Manager Steve Anthony 195 West 14th Street, Building D, Suite 310 Rifle, CO 81650 Holy Cross Electric Association Phil Armstrong 3799 Highway 82 PO Box 2150 Glenwood Springs, CO 81602 Grand Valley Fire Protection District Orrin Moon, Fire Chief Grand Valley Fire Protection District 124 Stone Quarry Road Silt, CO 81635 Town of Silt Jeff Layman, Town Manager 231 N. 7th Street PO Box 70 Silt, CO 81652 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 17 AES contracted Western Land Services, a professional mineral search firm, to perform a mineral search for the parcel. AES obtained the mineral search reports on 9/8/2022. Please see the following page for the signed Certification of Mineral Ownership Research Form, including the lists of identified mineral owners. NAMES AND ADDRESSES OF MINERAL OWNERS Section A6 6 4/5/2023 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 18 Agricultural ditches on the property in proximity to the Project are privately owned by Ken Sack/Eagle Springs Organic LLC and do not belong to any ditch companies. The Multa Trina Ditch which appears on some maps, terminates prior to reaching the Project area as the attached map demonstrates. CONTACT INFORMATION FOR DITCH OWNERS Section A7 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 19 Please see the following pages for the formal letter from Ken Sack and Eagle Springs Organic, LLC to AES Eagle Springs Organic Solar, LLC granting it to be an Authorized Representative with regards to this Land Use Change – Major Impact permit application. LETTER OF AUTHORIZATION Section A8 March 3, 2023 Philip Berry Garfield County – Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Letter of Authorization for AES Eagle Springs Organic, LLC Garfield County Planning department, The undersigned is the fee landowner for parcels 217917300732, 217917200710, and 21791800691 located off Mamm Creek Rd (CR 315), Silt, Colorado 81650 in Garfield county, and as such, landowner hereby grants and allows AES Eagle Springs Organic Solar, LLC, to submit an application as an Authorized Representative to Garfield County for a Land Use Change – Major Impact Permit for the construction and operation of a solar and battery storage facility on said parcels. ACE DevCo NC, LLC (an AES affiliate that intends to assign the agreement to AES Eagle Springs Organic Solar, LLC) entered into an Option to Lease Agreement on May 31, 2022, with Eagle Springs Organic LLC for the estimated 70-85 acres of the project site, subject to exercise upon the facility reaching Notice to Proceed with Construction status. The Option to Lease Agreement is in full force and effect as of the date of this Letter. Sincerely, Ken Sack Eagle Springs Organic LLC 5454 County Rd 346 Silt, CO 81652 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 20 Site Summary The AES Eagle Springs Organic Project is located on the property of Eagle Springs Organic, LLC in Silt, Garfield County, Colorado (parcel #s 217917300732, 217917200710, and 21791800691). The property under option is approximately 95 acres is situated on a flat top plateau. The area has been used for crop growth in addition to hosting three oil/gas pad infrastructure areas in its proximity. Away from the project area to the east, a dedicated cropland irrigated via pivot is situated. To the north and south the mesa falls off steeply down to I-70 in the north and Mamm Creek road to the south. To the west, another field under option lays but is not targeted for development under current site plans. There is a residence owned by Ken Sack located there, and further to the west is Garfield-Rifle airport. Operational Details and Technical Description AES designed the Eagle Springs Organic Solar facility to utilize its unique “PV Peaker” architecture which tightly couples solar and storage to maximize operating efficiency, reduce capital and operating expenses, and more effectively shape the production of locally sourced renewable energy. This reduces demand from conventional resources resulting in a smoother demand profile during the Holy Cross’s desired dispatch timeframe. AES’s “PV Peaker” solar + battery energy storage system (BESS) system will include multiple “Power Blocks” distributed throughout the site. Each block includes PV modules on single-axis trackers, inverters, transformers and containerized lithium-ion batteries to store and then NARRATIVE DESCRIPTION OF PROPOSED USE INCLUDING OPERATIONAL DETAILS, TECHNOLOGY DESCRIPTION, AND OTHER REQUIRED PERMITS Section A9 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 21 reliably dispatch the solar whenever it is requested. A rendering of a typical Power Block is shown below: The DC-coupled storage-integrated solar power plant design means the PV will be connected on the same DC bus as the BESS through the installation of DC/DC conversion units, which will then feed into a shared bi-directional inverter. Energy could be drawn from the PV or the grid to charge the batteries during normal operations. The AES system provides the following functional output options: • PV energy directly to the grid through the inverter • PV energy directly to the BESS for storage without passing through an inverter • PV energy partially to the grid and partially to the BESS for storage • Combination of PV + energy stored in BESS direct to the grid through the inverter • Energy from BESS to the grid, without PV support • Energy to BESS from the grid The DC-coupled architecture saves on redundant equipment such as inverters and transformers while increasing overall solar integration with BESS roundtrip efficiency compared with an AC-coupled system. A simplified block diagram of the DC coupled architecture is shown below to help illustrate its functionality: AES and its partners have co-developed a suite of technologies optimized to this “PV Peaker”. The power conversion systems (PCS) regulate output and efficiently balance energy storage with PV generation. Battery enclosures include proper climate control, monitoring systems, and fire-suppression AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 22 to extend energy storage life and maintain safe operations. The power plant controller (PPC) determines proper dispatch according to forecasted weather and demand profiles. AES has established a 15-minute step performance model to analyze and optimize the sizing of PV+BESS systems. The PV generation is based on satellite modeling for solar irradiance and uses PVSyst to calculate the DC output of the solar plant. The model processes raw data from PVSyst along with parameters describing the BESS, and balance-of-system (BOS), as well as utility requirements. The AES PV Peaker design employs high-energy-density lithium-ion batteries and high-power PV modules linked together on a fixed-voltage common DC bus at each inverter power block. The inverters are connected to step-up transformers to convert the inverter output to a medium-voltage plant distribution loop, which then utilizes a switchgear and riser poles to connect to the 24.9 kV three phase distribution feeder belonging to Holy Cross at the point of interconnection. Dispatch Characteristics DC-coupled Solar PV + BESS offers superior dispatch flexibility and simplicity compared to the intermittent generation of standalone solar PV. The Power Plant Controller (PPC) will respond to the dispatch signal set at the POI by using a closed-loop control scheme to inject the requested power with the solar PV and/or BESS. Solar PV power is used first to meet the power requirement, supplementing and/or exclusively using BESS power when not enough PV power is available. Equipment Specifications This project will utilize 540W ZShine ZXM7-SHLDD144 bifacial photovoltaic modules mounted on Soltec SF7 single axis trackers for power generation. These modules will be paired with AMPT V1500- 32-24 string optimizers and GPTech 2MS2.2BS-WD3-V890-MV24.9 central inverters. The GPTech inverter is also equipped with a DC/DC converter which will be used to charge and discharge the Samsung E4L battery modules. Please see our site plans in Section B2 and Section A9 for technical description and operational details. AES can provide equipment specification documents upon request, as they are quite lengthy. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 23 Permitting Summary The anticipated list of permits and consultations that support the development of this project is as follows: • Garfield County: o Land Use Change Permit (Major Impact Review) is needed. o Separate fencing installation permit may be needed. o County access permit or waiver request needed for use of Mamm Creek Road by overweight vehicles, if necessary. o Stormwater Permit needed and an application was submitted to CDPHE on 4/6/2023. o Grading/Driveway Construction Permit • State of Colorado: Electrical Construction Permit • Army Corps of Engineers (Wetlands/Waters of the U.S): Finding of No Impact / No Jurisdiction. No permits needed. A wetlands delineation was performed in accordance with Section 404 of the Clean Water Act of the subject property on August 9th, 2022, by a Professional Wetlands Scientist in Colorado. The delineation identified eight ephemeral ditches, one intermittent ditch, and one palustrine emergent wetland (PEM) on the property. Only the roadside ditch crossing under the existing private access road has a downstream connection, and although certain historic irrigation ditches (>50 years old) may be considered jurisdictional and subject to regulation pursuant to Section 404 of the CWA, the ditches mapped in the Project Area are likely non-jurisdictional. As such, the Project is not anticipated to be subject to regulation pursuant to Section 404 of the CWA. Likewise, Water Quality Certification in accordance with Section 401 of the CWA also is not expected to be required for the Project. Regardless, impacts to these features will be avoided as confirmed by informal consultation with US Army Corps of Engineers (USACE). Additionally, no floodplain encroachment will occur from the proposed project. See the narrative to 7-203: Protection of Waterbodies later in this application and Appendix C1 for completed wetland delineation reports and further detail. • US Fish & Wildlife / Colorado Parks & Wildlife: Wildlife Impact Mitigation strategy; consultation ongoing. No permits needed. AES and its consultants TRC have been in close contact with USFWS and CPW regarding considerations and guidance around identified listed species at both Federal and State level. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 24 A comprehensive biological survey per CPW and USFWS guidelines was conducted of the site on August 9th, 2022. In summary, no habitat for federally-listed species is found within the Project area; however suitable habitat for the monarch buttery, a candidate for federal listing under the ESA, was observed adjacent to the Project area. While AES will take appropriate measures to avoid impacts should their presence be later confirmed, candidate species are not federally protected under the ESA. No migratory bird nests were observed either, however suitable nesting habitat exists for the state-threatened burrowing owl and other migratory birds, including raptors, within and immediately adjacent to the Project area. As such, AES will conduct a pre-construction survey if ground-disturbing activities take place between April 1st – August 31st. See the narrative to 7-202: Wildlife Habitat Areas later in this application and Appendix C2 for the Biological Resource report for further details. • Colorado Department of Transportation: No access permits needed for use of the I-70 ramps. • Hazardous Materials: No Action needed. A Phase I Environmental Site Assessment (ESA) was conducted in accordance with the scope and limitations of American Society for Testing and Materials (ASTM) Practice E1527-13 in October 2022. The assessment revealed no evidence of recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs), or historical recognized environmental conditions (HRECs). No further action is needed. As pertains directly to the proposed Project, there are no hazardous materials to be transported or released on site during the construction, operation, or decommissioning of the Project, and there are no toxic or flammable gasses released during charging, discharging, or normal operation of the facility. Lubricating oil in the transformers will have effective containment measures and while neither photovoltaic panels or lithium-ion batteries are considered as hazardous materials in their use state, especially given the commonality of solar panels on residential rooftops and cell phones in pockets, the presence of various metals in their componentry compels the need for responsible post-life recycling, which AES will commit to pursuing. See appendix C3 for the Phase I Environmental Site Assessment report. • Cultural Resources: No Action needed. A NRHP database review performed in October 2022 did not identify any historic properties within the Project area and, according to Colorado OAHP file search results, no previous cultural resource surveys have been conducted within the Project Area and no cultural resources have AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 25 been documented within it. As such, no known historical properties will be impacted by the proposed project. NHPA-Section 106 consultation would not be triggered unless a federal nexus for the Project is made, for which at this time there is none, and not anticipated to be. If any ground disturbance during the course of the proposed project exposes artifacts, foundation, or other indications of past human occupation, AES will notify the State Historic Preservation Officer and OAHP. See appendix C4 for the Critical Issues Analysis and Permitting Assessment review report. • FAA: No Action needed. The FAA issued a Determination of No Hazard to Air Navigation for the proposed project on 09/22/2022. See Appendix C5 for documentation. • Air Quality: Air Pollutant Emission Notice (APEN) – Air Permit (General) APEN is required for projects that are greater than or equal to 25 contiguous acres and/or 6 months in construction duration, and those less than 1,850 acres can use the General permit, which would be expected for Eagle Springs Organic that has a proposed fenced footprint of 53.9 acres and a construction duration in excess of six months. AES will produce a Fugitive Dust Control Plan and file for the General permit prior to start of construction. AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 26 Please see the following pages for a copy of the Pre-Application summary dated 6/30/2022. COPY OF PRE-APPLICATION SUMMARY Section A10 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 217917300732, 217917200710, 21791800691 DATE: 6/30/2022 PROJECT: AES -Eagle Springs Organic OWNERS: Eagle Springs Organic, LLC CONTACT/REPRESENTATIVE: Joshua Mayer, AES PRACTICAL LOCATION: approximately 0.5 miles east of Rifle, TYPE OF APPLICATION: Modification to Existing Permit, Substantial Modification. Solar Energy System, Large ZONING: Rural, existing LUCP COMPREHENSIVE PLAN: MH, Area of influence, Silt and Rifle I. GENERAL PROJECT DESCRIPTION The applicant is interested creating a large solar energy system on the above parcels. There is an existing land use change permit allowing such a system on some of the area. The applicant’s proposal would expand the overall acreage and add battery storage to the site. The previous land use change permit was approved under the previous land use and development code. After reviewing the proposal , the Director determined the proposed modification would be processed as a Substantial Modification. This requires a new permit to allow staff and referral agencies to review the proposal ’s full compliance with the 2013 LUDC. You may request that this decision be called -up to the BOCC to review pursuant to section 4- 112.B and C. The proposed solar system would be rated above the threshold for Solar Energy System Large ,which requires a major impact review in the rural zoned district. The full list of application requirements is found below. The land use and development code does allow for Waiver Submittal Requirements and Waiver of Standards to be submitted along with the application. Code references below. 2 The application should include a discussion of the existing permissions and any conditions of approval. The application will need to address topics in terms of construction and long term operations. This will include submittals related to traffic, access, water, and wastewater. The applicant will need to provide information on soils and other significant geological features. A grading and drainage plan will also need to be provided demonstrating compliance with Section 4-203.E of the LUDC. Such reports will need to be prepared by a qualified professional. The applicant may request to provide this information as a condition of approval. Topography information will need to be included on site plans, as well as other relevant site features including but not limited to any ditches on the property. The Impact Analysis should explicitly address glare. A glare analysis should be included. Staff recommends that the applicant coordinate with the appropriate fire district and Colorado Parks and Wildlife for any early referral comments. The application will be referred to these entities, and early coordination may assist in identifying and address ing potential concerns. Information from the previous application may need to be updated to meet current code requirements, reflect changed conditions, or address new acreage and batteries. II. COMPREHENSIVE PLAN The comprehensive plan provides support for solar energy generation systems, but wants the expansion of that use to be balanced with open space and agricultural uses. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application: • Section 4-105 Major Impact Review and Section 4-101 Common Review Procedures • Table 4-201 Submission Requirements and Section 4-203 Description of Submittal Requirements. • Section 4-118 and Section 4-202, as applicable. • Article 7 Standards, as applicable IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. Table 4-201 outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.  General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form (see attached). o A narrative describing the request and relat ed information. o Proof of ownership. o A Statement of Authority is required if the property is owned by an LLC or similar entity. o A Letter of Authorization is required if an owner intends to have a representative complete the Application and processing. 3 o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records. o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached). o Copy of the Preapplication Summary needs to be submitted with the Application.  Vicinity Map.  Site Plan.  Grading and Drainage Plan.  Landscape Plan.  Impact Analysis.  Development agreement, if applicable.  Improvement agreement, if applicable.  Traffic Study.  Water Supply/Distribution Plan.  Wastewater Management/Treatment Plan .  Affordable Housing Plan, if applicable.  The Application should demonstrate compliance with Article 7 Standards, as applicable.  The Application should include a waiver request from submittals, as applicable.  The Application should include any waivers from Article 7 Standards that the applicant wishes to pursue Three hard copies and one digital copy (on a USB drive, for example) of the application are required. Both versions should be split into individual sections. Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. 4 V. REVIEW PROCESS Staff will review the application for completeness, and when complete, refer it to appropriate agencies for technical review. Staff will create a report reviewing the application to be presented before the Planning Commission at a Public Hearing. The Plann ing Commission’s recommendation, along with the staff report, will be presented at a separate public hearing to the Board of County Commissioners for their decision. The Applicant is expected to attend and present at both hearings. Public Hearing(s): No Public Hearing, Directors Decision (with notice per code) X Planning Commission 5 X Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield County Road and Bridge, Garfield County Consulting Engineer, Garfield County Environmental Health, Garfield County Assessor’s Office, Colorado Parks and Wildlife, Colorado Division of Water Resources, Garfield County Sheriff’s Office, Garfield County Emergency Management, Local Fire District. VI. APPLICATION REVIEW FEES Planning Review Fees: $525 Referral Agency Fees: $TBD (Will be invoiced as the County is billed) Total Deposit: $525(additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 6/30/2022 Philip Berry, Planner III Date 6 7 8 AES Eagle Springs Organic Solar – Land Use Change – Major Impact permit application (4/6/2023) AES Eagle Springs Organic Solar – Garfield County 27 Please see below for the Vicinity Map to the AES Eagle Springs Organic Solar project. PART B – SUPPORTING INFORMATION VICINITY MAP WITHIN 3 MILES Section B1