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Home My WebLink About2018-02-26 PACKET 06.3.STAFF REPORT CASE: ICUP2018-011 & V2018-012 ITEM: 6.3 PUBLIC MEETING DATE: 2/26/18 TENTATIVE COUNCIL REVIEW DATE: 3/21/18 APPLICATION APPLICANT: USS Solar Meister LLC REQUEST: An interim conditional use permit to allow a one -megawatt community solar garden on an approximate 38.9 -acre parcel of land, and a variance to allow the solar energy system to be located within 300 feet of the property boundary lines bordering two other community solar gardens. SITE DATA 11115•Z67_,11101 ki A ZONING: GUIDED LAND USE: Approximately a quarter mile east of Lamar Park, a quarter mile west of Manning Avenue and south of 70th Street AG -1, Agricultural Preservation Agricultural LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agricultural Agricultural EAST: Agricultural Agricultural SOUTH: Agricultural Agricultural WEST: Agricultural Agricultural SIZE: One Megawatt Solar Garden on 38.9 acres DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � 4"e'. pride a',d Q,oyperity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; rove.ora Application Accepted: 1/5/18 60 -Day Review Extension Deadline: 5/5/18 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report USS Solar Meister — Interim Conditional Use Permit and Variance for Community Solar Garden Planning Case Nos. ICUP2018-011 & V2018-012 February 26, 2018 Proposal USS Solar Meister LLC has applied for an interim conditional use permit and a variance for the proposed construction of a one -megawatt community solar garden that would be approximately 10 acres in size on a 38.9 -acre parcel of land. The proposed community solar garden site is approximately one-quarter mile east of Lamar Fields Park, one-quarter mile west of Manning Avenue (State Highway 95) and south of 70th Street (CSAH 20). The property is owned by Betty Meyer. The illustration below shows the location of the 38.9 -acre site. Project Location Map Review Process Application Received: January 5, 2018 Acceptance of Completed Application: January 5, 2018 Tentative City Council Date: March 21, 2018 60 -Day Review Deadline: March 6, 2018 60 -Day Review Extension Deadline: May 5, 2018 Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 2 of 10 Ordinance Regulations The City's Solar Collector System ordinance was adopted by the City Council on October 7, 2015 (Ord. No. 948). This ordinance defines a "community solar garden" as a solar -electric (photovoltaic) array that provides retail electric power to multiple community members or businesses residing or located off-site from the location of the solar energy system, under the provisions of Minnesota Statutes 2166.1641 or successor statute. USS Solar Meister LLC is proposing to develop a community solar garden as part of the Xcel Community Solar Garden Program, as regulated by Minnesota Statutes 2166.1641. This program will allow individuals, businesses, schools, and civic entities (known as "subscribers") to purchase or "subscribe" to a portion or a "share" of the output from a given solar garden. This allows sub- scribers to purchase renewable energy at a savings compared to their current utility bill without making costly upfront investments in a solar collection system. The City of Cottage Grove sup- ported the ordinance because of public interests in commercial solar collection systems relative to the State of Minnesota Legislature's mandate to make solar power a more appealing option for home and business owners. The overall objective for each public utility is to generate or procure sufficient solar energy electricity to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy. On July 20, 2016, the City Council adopted an interim ordinance (Ordinance No. 965) prohibiting acceptance or consideration of applications for community solar gardens and/or solar farms in order to undertake a study to effectuate changes to the Zoning Ordinance and City Code. The study also included the review of appropriate setbacks between adjoining property lines and the solar energy systems. This ordinance created a moratorium for community solar gardens and/or solar farms for 12 months from July 20, 2016. The purpose of the moratorium was to ensure that the solar collection ordinance is consistent with the goals and policies of the Comprehensive Plan. A Steering Committee was appointed by the City Council in 2016 to update the City's Future Vision 2030 Comprehensive Plan. The Steering Com- mittee has been working on other elements of the Comprehensive Plan. On June 21, 2017, the City Council discussed the proposed solar energy system ordinance amend- ments and provided City staff with some direction on most of the ordinance amendments. On July 19, 2017, the City Council adopted Ordinance No. 985, which changed the minimum setback requirements for community solar gardens to 300 feet from all property boundary lines and requires an interim conditional use permit for all community solar gardens. Exhibit A of Ordinance No. 948 that depicts areas in the community as eligible sites for community solar gardens was not changed. USS Solar Meister LLC's proposed one -megawatt community solar garden project complies with all the solar ordinance regulations. Alternatively, they filed a variance application to reduce the 300 -foot minimum setback requirement from the west and south property boundary lines to place the solar array field farther away from a neighboring dwelling, closer to two existing community solar gardens, and providing a better cropland configuration for continued agricultural uses. Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 3 of 10 A copy of USS Solar Meister's development and operation plan is attached. This document sum- marizes their major equipment components, development and operations plan, construction ac- tivities, landscaping alternatives based on the approved location for the community solar garden, site access, vegetation plan, fencing, drainage plan, and decommissioning plan. Community Solar Garden Project USS Solar Meister is proposing a one mega -watt community solar garden on 38.9 -acres of land that will be leased from the property owner. The property will be fenced for security and safety reasons. The proposed fence is a farm -field style fence without barbwire and will not exceed eight feet in height. Placement of this fence will be around the perimeter of the solar collector field and not around the entire 38.9 -acre parcel. An illustration of the proposed fence type is shown below. Example of a Farm Field Fence Type The McHattie Solar project west of USS Solar Meister's project will have a six-foot tall black vinyl chain link fence, and the fence at the Ecoplexus site south of USS Solar site is a six-foot tall chain link fence. City staff is requiring that USS Solar Meister's fence be a six-foot tall chain link fence. Each solar module will be mounted on a single -axis tracker rack that will track the sun's position across the sky. The solar module will reach approximately nine feet in height and be anchored to the ground. Approximately once per quarter, one vehicle with approximately two maintenance employees will visit the site to perform routine maintenance and inspections. During the growing season, ground vegetation and the ten -foot wide landscaped buffer will be maintained and in- spected as necessary. The farmland surrounding the eight -acre solar field will continue to be farmed as cropland. The area beneath the solar modules and between rows will be seeded with a diverse mix of pollinator -friendly, low-lying, deep-rooted wildflowers and native grasses. An unpaved access road 15 feet in width will be built from 70th Street (CSAH 20) to the solar array field. Approximately four to eight inches of aggregate material will be used to create this private access drive. If the eight -acre solar array field is centrally located on the 38.9 -acre site, the private access drive will connect to 70th Street at the location of the existing farm access drive that is centrally located along the parcel's frontage. The applicant will need to obtain a right-of- way permit from Washington County Public Works for the improvements to their proposed access drive connecting to 70th Street. Planning Staff Report— USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 4 of 10 If the solar array field is allowed to be in the southwest corner of the 38.9 -acre site (i.e.; granting a variance to the 300 -foot minimum setback from the west and south property boundary lines), then the private access drive would be along the west property line where there is an existing easement that provides an electric interconnect for the Ecoplexus community solar garden (lo- cated south of the proposed USS Solar Meister LLC site) to the existing overhead Xcel Energy electric distribution lines along 70th Street. This layout alternative will preserve more agricultural land. The two proposed layouts are shown below. Complies with 300 foot minimum setback from property boundary lines Variance to place solar array field in southwest corner of the 38.9 acre site Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 5 of 10 The electric interconnection consists of electric meters, air switches, inverters, transformers, and a main substation transformer. These facilities will provide the interface between the one -mega- watt solar garden and the electrical grid by a utility company. All the electrical wiring necessary to transfer electricity from the solar modules to the point of interconnection will be underground. The point of interconnection will be at the front property line where three utility poles will be installed. The underground wiring will extend up the utility poles and cross overhead 70th Street to the existing overhead electric transmission lines paralleling 70th Street. The applicant does not propose to remove any existing trees along the perimeter of the 38.9 -acre site. Planning Considerations Property Characteristics The property is zoned Agricultural Preservation (AG -1) but the property owner does not participate in the Metropolitan Agriculture Preserve Program. The 38.9 acres of land (PIN 12.027.21.12.0001) is owned by Betty Meyer. The site's topography is relatively flat to moderate slopes. Most of the 38.9 acres is farmed for crop production. An aerial photograph of the 38.9 -acre site is shown below. 2013 Aerial View of the 38.9 -Acre Site Agricultural uses exist on all four sides of the proposed community solar garden site. Lamar Fields, which is a City park, is located approximately one-quarter mile west of this site. There are existing Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 6 of 10 community solar gardens on the west (McHattie Community Solar Garden) and south (Ecoplexus Community Solar Garden) sides of USS Solar Meister's proposed site. The property owner east of the proposed USS Solar Meister site has a couple windrows of trees/bushes that are approxi- mately 87 feet from their westerly property line. Trees and brush exists along the south and west fence lines of this property. The existing trees and brush are not proposed to be removed. Transportation/Access The only existing public access for this 38.9 -acre site is along 70th Street (CSAH 20), which is under Washington County's jurisdiction. The parcel's north boundary is the north section line of Section 12, Township 27 North, Range 21 West, which appears to be the centerline of the 70th Street roadway. The 300 -foot minimum front yard setback will be measured from the south line of the highway easement or approximately 350 feet from the centerline for 70th Street. The applicant's site plan proposes an improved private access drive connection that is very close to the existing farm access drive that connects to 70th Street. This existing access drive is almost centrally located along the frontage of this property and will be 15 feet in width. The County will require a Washington County Access Permit for this private access driveway connection. A County Right -of -Way Permit will also be required for any work (i.e. utilities, grading, etc.) within the County right-of-way. Landscaping The applicant has submitted a revised landscaping plan for both layout alternatives. This revised landscaping plan was the result of the applicant meeting with the neighboring property owner in January 2018. At that time, the neighboring property east of the proposed USS Solar Meister project expressed their support for the solar array field to be constructed in the southwest corner of the 38.9 -acre site and their desire that more coniferous plants are planted. The revised landscaping plan proposes the planting of 206 techny arborvitae shrubs six feet in height and spaced approximately 12 feet on center. The arborvitaes will be planted in two wind- rows. Also proposed are 104 Redosier dogwoods on the outer perimeter of the arborvitaes. Both plants species will be planted on the north and east sides of the proposed solar array field. Techny Arborvitae Redosier Dogwood Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 7 of 10 Proposed Solar Array Field — Options 1 and 2 Metropolitan Urban Service Area The 38.9 -acre site is located outside the Metropolitan Urban Service Area (MUSA). The Future Vi- sion 2030 Comprehensive Plan and Future Land Use 2030 map designates the area east of Lamar Fields and Old Cottage Grove as an agricultural land use. City utilities are not planned to be extended east of Lamar Fields or Old Cottage Grove for several decades. Decommissioning Plan The applicant's decommission plan states that when the project reaches the end of its operational life, the component parts will be dismantled and recycled. The decommissioning plan would com- mence in the event of 12 months of non -operation. City ordinance requires the decommissioning of the community solar garden within 90 days from the end of the system's service life or discon- tinuance of the system. Decommissioning includes the removal of above and below groundcom- ponents, PV modules, support racking, steel and support posts, concrete pads, fencing, access driveway, and the site returned to its original condition before the community solar garden was constructed. Details of their decommission plan is described in their project summary (page 15). The plan includes a cost estimate of $38,680 for decommissioning the entire community solar garden facilities. The applicant proposes to provide a $15,000 decommissioning fund. They esti- mated that the salvage value (resale and/or recycling values) of approximately $103,775 will cover the costs to remove most of the solar components and ancillary equipment. If the City accepts the $38,680 cost estimate, city ordinance requires a letter of credit to be posted with the City that is not less than 125% of the cost estimate, or a total of $48,350. It is recommended that a financial guarantee of not less than $48,350 be submitted to the City before a building permit will be issued by the City. As a condition of approval for this conditional use permit application, the applicant's decommis- sioning plan must be modified to comply with the ordinance regulations. Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 8 of 10 Property Taxes The 38.9 -acre site is zoned AG -1, Agricultural Preservation, and is currently being used for agri- cultural crop production. Minnesota State Statute 272.0295 establishes a solar energy production tax for solar gardens that are larger than one megawatt. The facility is required to pay $1.20 per megawatt hour in taxes to the county in which the system is located. Property tax classification changes from agricultural land to Class 3a -Utility, which is taxed at a higher rate. Stormwater Management Plan The applicant has not yet prepared a stormwater management plan for this project. Surface water runoff from all impervious surfaces is not expected to significantly alter existing drainage patterns on this parcel. The applicant is required to prepare a stormwater management plan meeting MPCA requirements for solar gardens and submit it to the City and South Washington Watershed District for review and comment. The stormwater management plan and a stormwater maintenance agreement must be approved before the City will issue the building permit for the proposed community solar garden project. City Department Review and Comments Representatives from various City Departments reviewed the applicant's interim conditional use permit application. The Building Division reviewed the conceptual development plans and is un- able to provide comments regarding building code regulations until such time that all detailed construction plans are submitted to their office. The Public Safety Department (Police and Fire Divisions) and Public Works Department sup- ported the requirement that all new electric power lines must be installed underground and that a fire lane is provided at least along the north side of the solar field and suggested that access also be provided on the other three sides of the solar field. No comments or recommendations were received from other advisory commissions. Public Hearing Notices The public hearing notice was published in the South Washington Bulletin and mailed to 8 property owners within 500 feet of the 38.9 -acre site on February14, 2018. On February 20, 2018, Lyle and Cheryl Kohls, 11825 — 70th Street South, submitted a letter that generally supported the requested variance allowing the solar array field to be located in the southwest corner of the site with conditions that the community solar garden would be prohibited from expanding to the north or east sides of the site, the landscaping plan include evergreens, that there is not another road constructed on the site, no construction after 7:00 p.m. or before 7:00 a.m., and the vegetation is maintained on the site. If the conditions are not accepted, then the Kohls object to the variance. A copy of the Kohls' letter dated February 20, 2018, is attached. City Code Title 4-9-8, Noise, currently has regulations limiting the use of any mechanical or power equipment or tools operated by fuel, battery, or electric power in construction, repair, or demolition between 7:00 a.m. to 7:00 p.m. Mechanical or power equipment or tools are allowed only inside a building between 7:00 p.m. to 7:00 a.m. The proposed revised landscape plan does propose two windrows of arborvitae (evergreen) plants that are staggered and spaced 12 feet on center. The arborvitaes have a mature height of 12 to 15 feet. A third row of red dogwoods (deciduous) is proposed along with the arborvitaes and will be spaced 12 feet on center. The dogwoods have a maturity height of 6 to 10 feet. The applicant has met with the Kohls. Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 9 of 10 The proposed solar project will need to construct a private access drive between 70th Street and the solar array field. No other access is available for the solar company to access the solar array. The applicant's revised landscape plan proposes to provide a diverse mix of pollinator -friendly, low-lying, deep-rooted plants that will help control noxious weeds throughout the existence of the solar project. The proposed pollinator -friendly habitat would be a sanctuary for bees, monarchs, songbirds, and pheasants. Other benefits of using wildflowers and native grasses are that it min- imizes erosion, improves water quality, and reduces stormwater runoff with minimal maintenance costs. Recommendations That the Planning Commission recommend that the City Council approve USS Solar Meister LLC's interim conditional use permit and variance applications to allow construction of a one - megawatt community solar garden in the southwest corner of the 38.9 -acre site. Granting a vari- ance to the 300 -foot minimum setback from the west and south property boundary lines is recom- mended based on supporting findings of fact listed below. A. A four -megawatt community solar garden exists to the west and a five -megawatt community solar garden exists to the south of USS Solar Meister's proposed 38.9 -acre site. B. Placing the proposed one -megawatt community solar project in the southwest corner of the 38.9 -acre site will be farther away from the closest residential dwelling located at 11825 70th Street. C. Placing the proposed one -megawatt community solar project in the southwest corner of the 38.9 -acre site should provide a better way to continue the agricultural use of the remaining 30 - acres of land as compared to farming around the 10 -acre community solar garden site if it was centrally located on the 38.9 -acre site. The Planning Commission can consider staff's proposed conditions approving USS Solar Meister's interim conditional use permit and variance to the 300 -foot minimum setback regulation (Title 11-4-10E) based on testimony and discussion at the public hearing. Conditions approving this interim conditional use permit and setback variance are listed below for your consideration: 1. The applicant is responsible to remove any gravel, dirt, or debris materials carried from motor vehicles exiting from the community solar garden site and landing on that segment of 70th Street (CSAH 20). 2. Upon the City's acceptance of the decommissioning cost estimate, the applicant shall pro- vide the City with a cash escrow or irrevocable letter of credit in an amount equal to 125 percent of the accepted decommissioning estimate. The financial guarantee must be remitted to the City before a building permit will be issued. 3. All on-site and off-site electric power lines necessary to interconnect the electric power created from the community solar garden to the utility company grid system must be underground. The only exception, if necessary, is at the connection point where the com- munity solar garden underground electric line needs to be connected to the utility Planning Staff Report — USS Solar Meister LLC Planning Case No. ICUP2016-012 and V2016-013 February 26, 2018 Page 10 of 10 company's existing power pole/local distribution line. Details of this interconnection be- tween the community solar garden and the utility company's electric grid must be submitted to the City at the time the applicant files their building permit application with the City. 4. The project must comply with the City's Solar Collector System Ordinance regulations, with exception to the variance (if granted by the City) requiring a 300 -foot minimum setback from property boundary lines. 5. A Washington County Access Permit must be issued by the Washington County Public Works Department for the private access driveway connection and a County Right -of -Way Permit is also be required for any work (i.e.; utilities, grading, etc.) within the County right- of-way. 6. Two windrows of techny arborvitaes consisting of a minimum of 206 plants planted 12 feet on center and a minimum of six feet in height and one windrow of redosiar dogwoods consisting of a minimum of 12 feet on center and a minimum #5 container are planted along the north and east sides of the solar array field. 7. The applicant must prepare a stormwater management plan and submit it to the City and South Washington Watershed District for review and comment. This plan must be approved and a stormwater maintenance agreement executed before the City will issue the building permit for the proposed community solar garden project. 8. The applicant's decommissioning plan must be modified to comply with City ordinance regulations. 9. Subject to Washington County's approval, the private access drive connecting to 70th Street must be hard surfaced between the south edge of the 70th Street roadway to a point that is a minimum of 50 feet from the centerline of 70th Street. 10. A six-foot tall chain link fence is required around the perimeter of the solar field. 11. An emergency access drive consisting of a gravel surface is provided along the north side of the solar array field, and it is suggested that vehicle access also be provided on the other three sides of the solar array field to allow fire response vehicles to access the site in the event of a grass fire. 12. The maximum area occupied by the solar array field and ancillary equipment is limited to ten acres of land inside the proposed leased area, excluding the landscaping windrows proposed on the north and east sides of the solar array field. Prepared by: Attachments: — ICUP Application and Exhibits (dated 1/5/18) John McCool, AICP — USS Solar Meister Interim CUP and Variance Written Proposal (dated 1/5/18) Senior Planner — Memorandum of Lease and Solar Easement (date recorded 11/11/17) — Revised Landscape Plan — Option 1 (2/2/18) — Revised Landscape Plan — Option 2 (2/2/18) USS SOLAR M U�STER LLC INTERIM USE PERMIT APPLICATION JANUARY 5, 2018 Cottage Grove "ire pride aid QC0,sperity Meet RECEIVED - JAN - 5 2018 CITY OF COTTAGE GROVE COVER LETTER January 5, 2018 Community Development Department -Planning Division 12800 Ravine Parkway South Cottage Grove, MN 55016 RE: Application by USS Solar Meister LLC for an Interim Use Permit to Construct and Operate a Community Solar Garden Dear City of Cottage Grove Planning Division, Attached, please find an application for 30 -year Interim Use Permit ("IUP") to construct and operate a community solar garden within the City of Cottage Grove. Pursuant to 11-4-10 Solar Energy Systems (the "Ordinance"), the request is being made by USS Solar Meister LLC on behalf of United States Solar Corporation ("US Solar"). US Solar, a small business headquartered in Minnesota, is a turnkey community solar developer, coordinating all project details—development, permits, finance, construction, management, insurance, maintenance, monitoring, and customer service. USS Solar Meister LLC plans to develop and construct a 1 -megawatt (MW) Community Solar Garden on approximately 8.1 acres of a 38.9 -acre parcel at 11501 70 Street South, Cottage Grove, MN 55016, Parcel ID 163-1202721120001 ("the Property) through the City of Cottage Grove's IUP process. It is the intent of USS Solar Meister LLC to market subscriptions to schools, cities, nearby residential customers, and more in Xcel Energy territory in Washington County and neighboring counties. USS Solar Meister LLC chose this Property because it is well-suited for the use, and it conforms to all the requirements delineated by the City of Cottage Grove for such a permit. We acknowledge that the project is in the final study phase with Xcel Energy, as evidenced in Appendix Il. We will provide the Interconnection Agreement from Xcel Energy once the review is complete and the agreement is executed. We appreciate the coordination and insights already provided by the City of Cottage Grove staff and look forward to working with the City throughout this process. Please contact us with any questions, comments, or points for clarification. We look forward to working with the Board on this project. Sincerely, Erica Forsman– Project Developer USS Solar Meister LLC 100 N 6th St., Suite 218C Minneapolis, MN 55403 W: (612) 337-1959 C: (952) 994-1757 E: erica.forsman@us-solar.com CONTENTS COVER LETTER......................................................................................... CONTENTS................................................................................................. PROJECTSUMMARY................................................................................ ORDINANCE REQUIREMENT CHECKLIST .............................................. SELECTING THIS PROPERTY.................................................................. LOGISTICS................................................................................................. SITEPLAN.................................................................................................. SITEACCESS............................................................................................ EXISTING VEGETATION........................................................................... LANDSCAPE SCREENING PLAN............................................................. VEGETATIVE SEEDING PLAN.................................................................. FENCING.................................................................................................... PRELIMINARY DRAINAGE PLAN............................................................. GRADING AND FILLING............................................................................ AGRICULTURAL LAND AND ENVIRONMENTALLY SENSITIVE AREAS EFFECTS ON THE ENVIRONMENT......................................................... AGRICULTURAL PRESERVE STATUS ..................................................... NO POLLUTION OF AIR, GROUNDWATER, AND SURFACE WATER... EROSION AND SEDIMENT CONTROL PLAN .......................................... MANUFACTURER'S SPECIFICATIONS.................................................... INTERCONNECTION WITH XCEL ENERGY ............................................ DECOMMISSIONING PLAN....................................................................... MAINTENANCE & OPERATIONS PLAN ................................................... INSURANCE INFORMATION..................................................................... PROJECTOWNERSHIP............................................................................ APPENDIX I - SITE PLANS AND PROJECT MAPS APPENDIX II - INTERCONNECTION AGREEMENT DETAILS APPENDIX III - COPY OF MEMORANDUM OF LEASE OPTION APPENDIX IV - RESPONES TO ORDINANCE CRITERIA 2 3 PROJECT SUMMARY USS Solar Meister LLC respectfully submits this IUP application to construct, own, and operate a 1-MW(ac) community solar garden on approximately 8.1 acres of the 38.9 acres of Parcel ID 163-1202721120001, in the City of Cottage Grove. The parcel is owned by the Bette E. Meyer Revocable Trust. US Solar has a Lease Agreement with the Bette E. Meyer Revocable Trust. 163-1202721120001 11501 70 Street South, Cottage Grove, MN 55016 Bette E. Meyer Revocable Trust Agriculture 'variance application is submitted separately ORDINANCE REQUIREMENT CHECKLIST Requirement Description Side Yard Requirement 300' Project Confirmation >300' Front Yard 300' >300' Rear Yard 300' >300' Solar Panel Height 15' maximum 10' maximum The project will generate enough electricity to power approximately 225 homes annually and interconnect directly to the existing distribution system of Xcel Energy. Residents, businesses, and public entities in and around Washington County who are Xcel Energy customers may subscribe to a portion of the electricity generated and receive bill credits on their Xcel Energy bills. In this way, local residents and businesses receive a direct economic benefit from the project. USS Solar Meister LLC is contracted to deliver electricity for a period of 25 years, commencing on the date of commercial operation, which is expected to occur in the first half of 2019. Surrounding land use is primarily agricultural, with a couple farmsteads and community solar gardens within a 1,500ft. of the project. We plan to reach out to neighbors in the immediate vicinity of the Project to share our plans and ensure their concerns have been discussed. LOCAL ECONOMIC IMPACT In addition to discounted electric bills, this Project will have a positive economic impact, detailed below. o—$5,000 on travel, meals, legal fees, and county recordings o—$40,000 on local engineering, legal, and environmental consulting services o—$2,200,000 on capital infrastructure investment o—$900,000 on local spending o15+ temporary construction and related service jobs, equivalent to —4 full-time job years I n. o—$12,000 - $15,000 on increased property tax payments during operation o-0.5 permanent full-time employees ($22,500/yr, totaling $562,000 over 25 years) SELECTING THIS PROPERTY The Property was selected because of its solar resource, physical characteristics, proximity and access to high-value 3-phase distribution facilities, applicable zoning and permit requirements, and willingness of the landowner. Solar Collection System Area o Located within the "Solar Collection System Area" defined by the City of Cottage Grove Solar Resource o Relatively large, flat, and open to provide unobstructed access to natural sunlight Physical Characteristics o Limited grading, if.any, maintaining natural topsoil and existing drainage patterns o Not in Agricultural Preserve o No impact to wetlands or neighboring properties o Adequate space for setbacks or landscape screening o Soils capable of supporting facility and equipment o No water or other infrastructure improvements needed Proximity to Distribution Facilities o Existing distribution line directly across 70th St from the project site o Adequate capacity for the Project on existing distribution line and other infrastructure o Supplies electricity throughout the local community Capacity Screens with Xcel Energy o Existing substation in relatively close proximity with adequate capacity for the Project LOGISTICS DESCRIPTION OF OPERATIONS The major equipment components of a community solar garden are solar panels, inverters, and racking. Single -axis tracker racks provided by a vetted manufacturer hold up the solar panels, reaching a maximum height of approximately 9 feet. Racking is installed with piles that are anchored into the ground to the appropriate depth to guarantee long-term stability and structural soundness, based on detailed structural and geotechnical analysis. Piles also facilitate decommissioning at the end of the life of the solar garden, as they do not require cement foundations and are easily removed. Most importantly, we will provide ongoing maintenance of all our solar gardens, both equipment and site conditions. On a regular schedule, we will analyze solar array performance, detecting and diagnosing any production anomalies, identifying and addressing underperformance issues, managing service teams and technicians, and contacting landowners and the utility if necessary. SITE VISITS DURING OPERATION Approximately once per quarter, one vehicle with approximately two (authorized and insured) employees will be sent out to perform routine maintenance on the site, in addition to any unplanned maintenance. During the first few years, one vehicle with approximately two vegetation maintenance employees will visit the site a handful of times per year, to ensure the health of vegetation and landscaping. The facility will be fenced, locked, and remotely monitored. The proposed solar garden, once operational, requires no daily traffic. In addition, Xcel Energy personnel will have an easement to support maintenance activities of their interconnection point. VEHICLES Trucks for maintenance activities will be standard, with minimal tooling and parts for activities as described above. PARKING During the operational phase of the solar garden, there will be approximately two parking sports within the boundaries of the perimeter fence. During construction, a temporary parking area will be created for installation crews, delivery trucks (as needed), and construction and supervision personnel. STRUCTURES All monitoring is done remotely. No permanent structures will be built onsite. STORAGE DURING OPERATION As referenced above, there will be no equipment or materials storage onsite. SIGNAGE There will be no external signage of the facility. To provide safety and support good practices, labeling of electrical equipment requires internal signage. All signage will follow sign regulations in the Ordinance and National Electric Code. WATER, SEWAGE, AND WASTE No water, sewage, or waste management services are required onsite. Portable waste facilities will be provided during the construction period. CONSTRUCTION TRIPS Construction is expected to last 3-4 months, with most deliveries in the first month and most electrical testing in the later stages of construction. Delivery expectations are listed below. • Modules will come on 40 -foot flatbed trucks or in 40 -foot containers. o We expect no more than 8 deliveries for all solar modules. • We expect no more than 5 container trucks to deliver racking material. • We expect no more than 2 deliveries for inverters, switchgears, and transformer. • We expect 4 trips for Balance of Plant equipment, in containers that are 40 feet or smaller. Note: We expect no more than 4 deliveries per day. Delivery routes will be designed to pose the smallest traffic impact in the local community. We will coordinate with local authorities as to preferred times and routes prior to construction mobilization. Construction employees will park within the Project premises. There will be no permanent storage on-site. Employees will be provided with mobile waste management options sourced from the local area. USS Solar Meister LLC takes responsibility for maintenance or replacement or new installation of any drain tile servicing this site, if USS Solar Meister LLC and landowner determine it necessary. The Project will comply with Minnesota Rules 7030 governing noise. SITE PLAN The proposed site plan is enclosed as Appendix I to describe our design of the community solar garden, showing the parcel, solar garden dimensions and specifications, setbacks, and more. The site plan, along with narrative and other associated figures in the Exhibits, address all requirements listed in the Ordinance. OPTIONAL SITE PLAN (SETBACK VARIANCE) We have also included a Variance Application with our IUP to provide a second layout option for consideration by the Planning Commission. Currently there are community solar gardens bordering the parcel directly to the west and south. To preserve the most usable agricultural land, keep the system further from the public right-of-way, and increase the distance from neighboring homes, we have provided this optional site plan that would locate the Project in the southwest corner of the parcel. The neighboring properties effected by the decreased setback are community solar gardens and we intend to get their written support. The only non -solar neighbor would receive a substantial increase to the setback. EXAMPLE OF A SOLAR PROJECT IN CONSTRUCTION EXAMPLE OF A SOLAR PROJECT IN OPERATION SITE ACCESS An unpaved access road will be built from the public road to the solar array. This provides necessary access for construction, regular mowing and maintenance activities, and decommissioning of the garden, while minimizing impact to ongoing farming operations. The road also provides access in the unlikely event that emergency crews are needed onsite. There is a simple process for construction of the access road: (1) Remove topsoil from a 15 -foot wide area and store this onsite as a berm, (2) Lay down a geotech fabric barrier, if necessary, to prevent vegetative growth, and (3) Install approximately four to eight inches of aggregate material. This Project will be accessed from a 15 -foot -wide access road directly off County Highway 22-701' St that runs directly south to the solar garden location. USS Solar Meister LLC will work with the road authority, Washington County, for approval. See Appendix I for a depiction of the access road. For the optional site plan in the Variance Application, the Project would take advantage of an existing easement for the community solar garden located to the south of this parcel to preserve more agricultural land. The current 38' easement from the western property line contains a 12' access road running from County Highway 22-701h St. Working with the neighboring solar garden operator to the south, Cottage Grove CSG 1 LLC, we will utilize and upgrade the existing road as needed and install a turn off into the Project area. USS Solar Meister LLC will work with the road authority, Washington County, for approval. See Appendix I of the Variance Application for a depiction of the access road. EXISTING VEGETATION The relevant area of the parcel is 100% row crop agriculture. The soil type under the Project is primarily Ostrander silt loam (0% hydric). Please see the Soil Classification Map in Appendix I. LANDSCAPE SCREENING PLAN We understand and appreciate that many communities would like to see landscape screening that not only shields the project from view of neighbors and passersby, but also fit with the neighborhood and benefit the local environment. USS Solar Meister LLC has contracted with local contractors and arborists, including Westwood Professional Services, with experience in landscape screening in the area to create a professional landscape screening plan that meets the Ordinance requirements. Appendix I includes a site plan showing the planned landscape screening to shield passersby and neighbors off of 701h St and Manning Ave. from view of the array. USS Solar Meister LLC complies with the City of Cottage Grove's landscape screening requirements. As we develop landscaping plans we find it valuable to seek feedback from the City and neighbors to customize the landscaping to the site. Prior to the Planning Commission meeting, we will provide a landscaping plan, showing the size, quantity, planting spacing, and appropriate species of vegetation to accomplish effective screening. Typically, we utilize native plants to the local landscape, that screen effectively, and provide beneficial wildlife habitat. See below for DNR approved landscape species and Appendix I for a sample landscape plan: Buffer Planting Schedule KEY QTY. COMMON/80TANICAL NAME SIZE SPACING O.C. MATURE 14EIGHT (SC) 270 Nonnyberry Mbumum J Y+bumum lentogo #5 CONT. 7-0U.C. TYP. 10-2b N 280 Rod Eldotborty / Sambucus mcumoffio y5 CEN t 7--0 O.C. TYP. T-17, NOTE: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY. Buffer Planting Materials VEGETATIVE SEEDING PLAN The area underneath the modules and between rows will be transformed into a diverse mix of pollinator - friendly, low-lying, deep-rooted plants. USS Solar Meister LLC will control for noxious weeds throughout the life of the project. This 8 -acre private investment in pollinator -friendly habitat would include approximately 1.5M native plants. This would be a sanctuary for bees, monarchs, songbirds, and pheasants. Compared to row crops, which this land is in now, it reduces stormwater runoff by 23% for the 2 -yr storm and 8% for the 100 -yr storm. The increased pollinator presence increases crop yields of neighboring farmland. As part of US Solar's commitment to conservation efforts, our projects focus on the following: • Wild flowers and native grasses to support monarchs and pollinators as well as song- and gamebirds • Habitat assessment certification through the Minnesota Board of Water & Soil Resources • Monarch waystation certification • Smart landscape screening to provide animal habitat, seclusion, and a visual buffer • No noise, odor, or intrusive lighting • Fencing style and design to support contiguous pheasant habitat at the ground level The design goals for this solar garden seed mix will be: • Withstand harsh climate conditions • Minimize erosion • Improve water quality • Reduce storm water runoff • Minimize maintenance costs FENCING In addition, our solar garden will include a security fence around the entire perimeter. The security fencing will be located entirely on the Property on the inside of the landscape screening. The fence will not exceed 8 feet in height, and it will be a farm -field style fence without barbwire. The fence will meet National Electric Code. See the image below for a representative photo. PRELIMINARY DRAINAGE PLAN Preliminary drainage plan has been included in Appendix I. A full drainage report is forthcoming and will be completed as part of the Stormwater and Pollution Prevention Plan (SWPPP) permit. Volume control (infiltration) will be provided through the disconnection of impervious surfaces as well as on-site infiltration basins. Aside from the gravel access road and meter pad, the entire area within the fence boundary will be restored to a low -maintenance seed mix, including the area below the solar panels. Runoff from the panels and gravel access roads will be allowed to sheet flow across the newly established perennial vegetation. The proposed project discharges in a manner like the existing flow pattern in all modeled storm events and does not alter drainage patterns. The SWPPP will include: • Summary of general construction activity • Storm water mitigation and management resources • Wetland impacts • Project plans and specifications • Temporary erosion prevention measures • Temporary sediment control measures • Permanent erosion and sediment control measures, if needed • Best management practices (BMPs) regarding erosion control • Inspection and maintenance • Pollution prevention measures • Final stabilization plan for long-term soil stability As described in the Minnesota Stormwater Manual, better site design techniques have been incorporated to ensure a site where all impervious surfaces are fully disconnected and routed over low maintenance grass prior to leaving the site. The MPCA's spreadsheet tool has been used to calculate the volume of stormwater that must be treated on site from solar installations to meet the requirement of 1.0 inch of runoff from new impervious surfaces. A small basin may be provided to make up the remainder of the volume required. The basin design will allow for a 48-hour draw down time. Pretreatment is provided throughout the site by fully vegetative land cover that will be utilized as buffer. Runoff from access roads will not be channelized prior to discharge to the infiltration areas but allowed to freely sheet flow across the vegetated site. Washington County WMO requirements are met through the restoration of upland vegetation. Temporary construction sedimentation basins will be necessary where greater than 5 acres of disturbed area discharges to a common point within 1 mile of impaired or special waters. Based on NPDES permit requirements, the sediment basin is designed for the 2 -year storm event. GRADING AND FILLING We propose no substantial grading, filling, removal of soils, or addition of soils. Our solar racking can accommodate the current terrain, a primary reason we selected this location. This will maintain the original grading on the site and sustain the existing drainage and runoff patterns, minimizing impact to surrounding lands. AGRICULTURAL LAND AND ENVIRONMENTALLY SENSITIVE AREAS The development of a community solar garden on agricultural land is temporary in nature and the impervious areas would be minimal, approximately 0.3 — 0.5 acres in total. The remainder, approximately 8 acres, will be converted from row -crops to native grasses and pollinator -friendly habitat. In total, the amount of land utilized for this Project is very small in relation to the total farmed acreage in the City of Cottage Grove. Community solar gardens contribute to the preservation and improvement of agricultural land. This is true for three primary reasons. First DNR-recommendedPollinator-friendly, native grasses to blanket the ground beneath our solar ,gardens. A recent study has shown that these seed mixes reduce stormwater runoff by 23 percent for the 2 -year storm event (2.9 inches of rain) and 8 percent for the 100 -year storm (7.8 inches of rain)'. These native plantings also expand habitat for pollinators and other species that enhance surrounding agricultural activity. Second, decommissioning of the solar gardens is simple and does not disrupt the land. We remove the solar panels, racking, concrete inverter pads, and any other equipment and return the land to its original condition. Because we use piles as foundation, system removal involves almost no disruption to the land. After the project's life, what is left is an undisturbed field of native grasses atop immaculate soils. This is one of the only ways for a landowner to increase and diversify income while preserving and protecting farmland for future generations, when crop prices and agricultural practices may be more viable than they are today. Third, this solar -garden effectively locks up the land use for 25 years or more thwarting the potential for any industrial, or commercial development. Many neighbors recognize this reality: development will occur as residential and commercial uses expand and encroach on agricultural lands. It could be a residential subdivision, a commercial/industrial operation, or a community solar garden that is silent, invisible, and beneficial to the local environment. Of these options, only the community solar garden will protect the prime agricultural land. EFFECTS ON THE ENVIRONMENT The National Renewable Energy Laboratory recently studied the environmental effect of solar panel manufacturing and concluded that the manufacturing energy cost versus the energy payback is less than 4 years. A community solar garden will provide decades of pollution -free and greenhouse -gas -free electrical generation. In addition to the positive effects of solar energy, the sections above detail how and why a solar garden has positive effects on the environment. AGRICULTURAL PRESERVE STATUS 1 (Jeffrey Broberg, "Utility & Community Solar Should Use Native Landscaping," http://cleantechnica.com/2016/03/15/utility- and-community- solar -should -use -native -landscaping/) This site is not in the Agricultural Preserve program. NO POLLUTION OF AIR, GROUNDWATER, AND SURFACE WATER The materials that comprise the solar panels, racking, and other components of a community solar garden are stable and contained, and do not pollute the air, groundwater, or surface area of the site on which they sit. As discussed above, the groundcover of pollinator -friendly, native plants drastically reduces runoff and erosion, while providing excellent habitat and food source for beneficial wildlife. EROSION AND SEDIMENT CONTROL PLAN USS Solar Meister LLC will comply with the Minnesota pollution Control Agency (MPCA) Construction Stormwater Permit Requirements, including obtaining a National Pollutant Discharge Elimination System (NPDES) stormwater permit prior to construction. The Project proposes no substantial grading or filling, as our racking equipment can accommodate the current terrain. MANUFACTURER'S SPECIFICATIONS USS Solar Meister LLC uses only Tier 1 solar modules. Tier 1 solar modules are manufactured to the highest quality, performance, and lifespan, produced by companies that have at least a five-year history in manufacturing them. Countless banks and financial partners have vetted these modules. These modules are designed to absorb light and reflect less than 2% of the incoming sunlight, which is less than many natural features, including water, snow, crops, and grass. There will be no effect of glare. We are also using Tier 1, 25 kW string inverters for this project. In total, there will be 40 inverters installed throughout the site. The inverters and electrical cabinets are enclosed and will meet all applicable codes and requirements. The foundation of the racking system will utilize galvanized steel. The foundations should utilize galvanized steel, I -Beam piers. Depending on final soil analysis and foundation design prior to construction, they may be helical piles. The Project will utilize single -axis trackers, which rotate from east to west with the rising and setting of the sun. Single -axis trackers typically have a shorter solar panel height (approximately 9 feet at the highest point) and produce less glare. The trackers will have a maximum rotational axis of 60 degrees each direction. An underground, medium -voltage cable will connect directly to the proposed utility poles. All onsite power and communication lines running between solar modules will be underground. RANNSAMISOMMEW Project Size 1 MWAC/1.4 MWoC Acres Required 8.1 _ Type of PV Panels _ Silicone Polycrystalline Panel Manufacturer REC, or similar Panel Model REC330PE72 or similar Panel Warranty Mounting Manufacturer Mounting Model Mounting Warranty Tilt Angle Inverter Manufacturer Inverter Model Inverter Peak Efficiency Inverter Size Inverter Warranty Performance Monitoring System 6 -year limited warranty on materials and workmanship from production date, 90% power guarantee after 10 years, 80% power output after 25 years NEXTracker, or similar NX Horizon 10 years on structural components; 5 years on drive and control systems 0 degrees Huawei Technologies SUN2000-25k TL -US 27.5 kWAc 25 kWAc Up to 25 years; 10 years standard with additional options of up to 15 years AlsoEnergy DECK Monitoring INTERCONNECTION WITH XCEL ENERGY This project is in the final study phase with Xcel Energy, as evidenced in Appendix II. We will provide the Interconnection Agreement from Xcel Energy once the review is complete and the agreement is executed. DECOMMISSIONING PLAN The community solar garden consists of many recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the project reaches the end of its operational life, the component parts will be dismantled and recycled as described below. The decommissioning plan would commence in the event of twelve (12) months of non -operation. At the time of decommissioning, the project components will be dismantled and removed using minimal impact construction equipment, and materials will be safely recycled or disposed. USS Solar Meister LLC will be responsible for all the decommissioning costs. REMOVAL PROCESS The decommissioning of the project proceeds in reverse order of the installation: 1. The solar system will be disconnected from the utility power grid. 2. PV modules will be disconnected, unattached, collected, and removed. 3. Aboveground and underground electrical interconnection and distribution cables will be removed and recycled off-site by an approved recycler. 4. PV modules support racking will be removed and recycled off-site by an approved recycler. 5. PV modules support steel and support posts will be removed and recycled off-site by an approved recycler. 6. Electrical devices, including transformers and inverters, will be removed and recycled off-site by an approved recycler. 7. Concrete pads will be removed and recycled off-site by an approved recycler. 8. Fencing will be removed and recycled by an approved recycler. 9. Reclaim soils in the access driveway and equipment pad areas by removing imported aggregate material and concrete foundations. Replace with soils as needed. The project site may be converted to other uses in accordance with applicable land use regulations at the time of decommissioning. There are no permanent changes to the site, and it will be returned in terrific condition. This is one of the many great things about solar gardens; If desired, the site can return to productive farmland after the system is removed. DECOMMISSIONING CONSIDERATIONS We ask that the City take note of 3 important considerations: 1) a community solar garden is not a public nuisance, 2) the resale and recycle value will exceed cost of decommissioning, and 3) the City and taxpayers are not at risk. 1) Our modules do not contain hazardous materials and the community solar gardens are not connected to government utilities (water, sewer, etc), and they are required to be fenced and buffered from view with professional landscaping. Additionally, almost all the land is permanent vegetation which improves erosion control. For these reasons, a community solar garden, whether operational or non -operational, is not a public nuisance threat that would require government involvement in decommissioning or removal of the community solar garden. Contrast this to an abandoned home, barn, etc. that may regularly include hazardous materials and/or become a public nuisance. 2) Upon the end of the project's life, the component parts may be resold and recycled. The aggregate value of the equipment exceeds the cost of decommissioning and removal. Solar modules, for example, have power output warranties guaranteeing a minimum power output in Year 25 of at least 80% of Year 1. Since the value of solar panels is measured by their production of watts, it is easy to calculate expected resale value. Even using extremely conservative assumptions, the value of the solar modules alone exceeds the cost of decommissioning. This does not factor in the recycle value of other raw materials like steel, copper, etc. 3) In the extremely unlikely, "worst-case" scenario where (1) the project owner fails to decommission and neither our lender nor any power generation entities want the assets, and then (2) the landowner fails to decommission, and then (3) the land transfers to the City under tax forfeiture, the solar equipment would still not pose a hazard or public nuisance threat. So, there would be no clear need to spend City funds to remove the equipment at that time. In this worst-case scenario, should the City choose to decommission the project, the City would tap into the decommissioning fund, gain the profits of reselling and recycling the equipment, along with the value of the entire forfeited parcel. In this case, that value is several times the expected costs. There is no scenario that the decommissioning of this project would cost the taxpayers a dime. DECOMMISSIONING FUND The estimated cost, salvage value, and net costs Demo & Resotration Cost ' $ (38,680.00) of decommissioning the project are shown to the Salvage Value $103,775.20 right. Total Net Value $ 65,095.20 While we are confident the decommissioning process will be net positive, we propose a $15,000 decommissioning fund, ensuring there is over 125% of the estimated decommissioning net cost available to return the project site to the appropriate condition at the end of the project's useful life or earlier, should the solar garden cease operations for a twelve-month period. The City of Cottage Grove may be the designated beneficiary of the fund and the landowner will be provided a copy of the document, establishing the security before construction commences. The decommissioning fund will initially be an irrevocable standby letter of credit or escrow funds (the "Security"). If USS Solar Meister LLC is unable or unwilling to commence decommissioning activities within a reasonable period of time, not to exceed the allotted twelve-month period, the City of Cottage Grove may demand payment under the Security. Decommissioning Budget Item No. Item Unit Estimated Quantity Unit Price Total 1 Fence Removal If 2,650 $ 2.40 $ 6,360.00 2 Racking Frames ea 700 $ 3.75 $ 2,625.00 3 Racking Posts ea 476 $ 7.50 $ 3,570.00 4 Solar Modules ea 4,620 $ 2.25 $ 10,395.00 5lnverters ea 40 $ 9.00 $ 360.00 6 Transformers ea 1 $ 1,000.00 $ 1,000.00 7 Wire (copper) Ib 2,100 $ 0.25 $ 525.00 8 Wire (aluminum) Ib 3,500 $ 0.25 $ 875.00 9 Concrete Removal cy 15 $ 110.00 $ 1,650.00 10 Site Restoration acre 8 $265 $ 2,120.00 11 Civil acre 8 $1,150 $ 9,200.00 Total Cost $ (38,680.00) Salvage Value (Re -Sale and/or Recycle) Item No. Item Unit Estimated Quantity Unit Price Total 1 Fence Material If 2,650 $ 0.18 $ 477.00 2 Racking Frames ea 700 $ 0.72 $ 504.00 3 Racking Posts ea 476 $ 6.20 $ 2,951.20 4 Solar Modules ea 4,620 $ 17.00 $ 78,540.00 5lnverters ea 40 $ 350.00 $ 14,000.00 6 Transformers ea 1 $ 1,850.00 $ 1,850.00 7 Wire (copper) Ib 2,100 $ 1.68 $ 3,528.00 8 Wire (aluminum) Ib 3,500 $ 0.55 $ 1,925.00 Total Value 1 $ 103,775.20 NET GAIN $ 65,095.20 MAINTENANCE & OPERATIONS PLAN Maintenance and Operations questions can be directed to the USS Solar Meister LLC Operations Team at 612-260-2230. The Operations Team will be able to address any issues related to drainage, weed control, screening, stray voltage questions, general maintenance, and operation. Emergency contact details to be provided prior to construction. INSURANCE INFORMATION USS Solar Meister LLC is committed to meeting Minnesota state requirements for liability insurance coverage. The insurance requirements include: • Insurance provider must be rated B+ or better by "Best". • Limits of $2,000,000 for each occurrence. • Coverage against claims for damages resulting from bodily injury, wrongful death, and property damage arising out of the Interconnection Customer's ownership and/or operating of the Generation System under the interconnection agreement. • Includes "Northern States Power Company, a Minnesota Company" as additional insured. • Contain a severability of interest clause or cross -liability clause. • Provides that Northern States Power Company ("NSP") shall not be reason of its inclusion as an additional insured incur liability to the insurance carrier for the payment of premium for such insurance. • Provide for thirty (30) calendar days' written notice to NSP prior to cancellation, termination, alteration, or material change of such insurance. • Coverage provided is primary and is not excess to or contributing with any insurance of self- insurance maintained by NSP. PROJECT OWNERSHIP The applicant of the IUP, USS Solar Meister LLC, is a subsidiary of United States Solar Corporation ("US Solar"), the owner of the Project. Please find more information about US Solar at www.us-solar.com. A copy of the Memorandum of Lease Agreement can be found in Appendix III. CONCLUSION USS Solar Meister LLC has made deliberate efforts to comply with all requirements of the Solar Energy Systems Ordinance, and we respectfully request that the City of Cottage Grove Planning Commission approve this application. APPENDIX I - SITE PLANS AND PROJECT MAPS OIMVEAIER (IYP.OFaI vwlwAluv�ueum[wnrrnimwwmn.e¢vwleweoxxMMwxpe+"Be. O(q MCEL FNEROYgPyMr PicauSmnixc RleowNveaxwxvnmxmx © UxOEROPOuxp bEOluMwLiAOE,wclRcurt FnnM PaVERBiAnoN Ta PoaFllPolE OMWVbiIEACGESS OPOLE It -B EIWroN�p�NI8Tiw1aPoPxvtlk'cL0991ANp OANOOPEMT®NRBRFIJf BWRLN OPOLE Ax-%cF1ENEAOY MNNBERVICEAEIERANp AC pWCONNECr BEEEIW PoRDEPNL97 OPMENfPoI-UT: AABA/eDS. LON mxemnl•)F•EEE-Iw FaRpELNU)-AT 0.TpleTANCEWIIHIN PROPERIr IqE gO MTAACOUWRWNB•/SIFM 1p •ACF1. ExERpv oYMEo- wxnppucmxuErEn 11 ¢41POWEPEDNE ip cINiDAkn DWCOuxECT 13 wEAn1E11 aTAnpx 14 xNiMIbPoRME11 15 AC REWA81N91 PANELno�wD _ _ SrS SPECIRCAnONS HrBn'NB�pc I.RTAaDLW roTa-arsrElA looaw Mx stxEAc pEL RECORDUP MopuISR PEnarwxn rorAL xo.oParw.w eNvenEnxnoEL nwvmsuumw.slm.-Le xuennnrunNo mxw PNE111EnOry Np.OFsrP1N®PQIIAVEHIER a 9TEPLPIRAIWPoRB4A taAEwe6DV.nMA MCN1Np ECIMCNER WAT roiel NO.TMCNEIIRACIW wDHTx AropuLEs 1. REPEnrosINOLE uxEOlrnwMPon pEruls. x. wBrN.unoxro mMPLrwlm xEcml�AlmclEem ANDALLAPPYUL LOLLSTATEANp wnONAL cppFS ORREGUUrpW. 0. EOUIPNFMeMALLBE IABDFD PEn NELmaANO wELENEnpr REWuunoxa. 13 AOCOs PMM BHLLI BE pEBIONEp ro A AOCOMxDMTEALLOONATRUC110N OPEWnDAta. MNNIEWNCE.ND unNlvrN.mcrHRouDHDur niE ¢ftE z DBAD81—PP9PEIRruNESANDPJ®nNO FFAnRFs ARE MProxIMnE PEUDINo ¢wvEv. a THEnEAREwcIrAAwceWBUEaFonovERl+uo EIFCIPICBFAMCE UNFs. TPronpmonmEiM nxo� i�� pWmxuEcr. 6 APVGRp WDHMAPWRLBEPRONDED NlDICAnN6 rHE Lounox pF THE Pnpoucnou METFA NID DWCLwuEor. 70TH STREET SOUTH �:•�--.'.'',� .111 3 DETAIL VIEW OF POWER STATION SCALE:1"=S 5` \I. ARRAY PLAN ©N scAlF:r=loa 2 CSG POINT OF INTERCONNECTION SCALE:1 "=20' MUIPMENT LOCATIONS AND DISTANCES NE%IIMCIf9lnMpplAFa WATn/LK(M.OFaW Imo EO111PA£NP wms (rvP.oF IA -m Nwwn xaYNBTNNOIM4P1£11 C70� EOVIPMEM MCK(M,OFA•C4 NwwFI=Sliw9rRiN0 iNVERIFA (I)boAMLp PMIF1 ® wwFr BTAnON•I�j M niwFwANmERB�TA 'Nn xNiMN8Po11MEll O ABc .ENEROYO WMPoEs OO C IM UIIuIYPolE9 @EE F108PoR OETAIUI tAKNEeiI£ACCF88 PAAp —�—� --- 1CWIDELANDBOMEBUFEn V.p M®NMWLTApEUBLE OVERHGDMEDIUMwITADE— -- Pgp1ECPaREBEOMUrvFENCE PPOPERtt IMIE 70TH STREET SOUTH �:•�--.'.'',� .111 3 DETAIL VIEW OF POWER STATION SCALE:1"=S 5` \I. ARRAY PLAN ©N scAlF:r=loa 2 CSG POINT OF INTERCONNECTION SCALE:1 "=20' MUIPMENT LOCATIONS AND DISTANCES M MMME49ICExm [A� ON NEILP POWENerATbN(BEE xEV NOn:II 'AUEw IID 6OUPCOPNMnCN _ REED NCHEAapu �FLI tBNNBrREEr,eURE81eC. MNNFAPDlB. NN saWa PRDJECT: USS SOLAR MEISTER LLC S•RC GARDEN ID 4: SRC052769 ACCO— E: 11615184 PREMISE F• 30463865 PROIECI ADDRESS 11501 70TH STREET SOUTH, COTTAGE GROVE, MN, 55016 LAT: 44.645461' LON: •82.671846' SHEET nil.-. PRELIMINARY LAYOUT DRA1nND — PV -100 app 0 i t, Wmcr Pori 1 70' Buffer PLatiop pMpgET1I0 KCY OTE. c MMON/BOTANICAL NAME SZE SPACING O.C. MATURE HOW ® G06 —11 RDRWPn1NM TA— M IRI G=R.mNjeI CO.T. - NOTE: g1ANRIES ON PLAN SUPERSVEE USE QUANTITIES IN THE EVENT OF AOISC EPANCY. L Planting Notes 1. CONTRACTOR STALL CONTACT WPNER ONE CALL' (831-ABR-DDOE a 800 -GSR -1188) TO w— LOCATIONS OF ALL UNOEROROUNO U1LI1ES PRIOR TO INSTALLATION OR ANY PLARIS OR —I— AA` - 2 ACTU LOCATION a PLANT MAMMAL IS SNECT TO FIELD ANO Sl[ CONOTONS. 1 NO PLARTH MILL BE IMSTALL[O UNIL ALL CRAOINC AND CDNSTRUCION NAS BEEN CWP12TED IH THE IMMEDIATE AREA ~ ALL NTON. MUST RE APPRYED DBY TIE NAN — MCI TELT SIIDSDPRIER TO .—SON OF ANY B0 ANO/OR W Orz BY T LANDSCAPE CONTRACTOIL S. CONTRACTOR SHALL PRONDE ONE YEAR GUARANTEE OF AL PLANT MATERIALS. THE CUARANTCE BEOMS ON THE DATE OF ME LANDSCAPE ARCHITECTS OR —EN -S AMEMN ACCEPTANCE OF SHALLEHAVE AA 011E YEAR OIR µTEL 1COMY[NONC UPON P ANMD. 6 ALL PLANTS M BE SPEOMEN OIAOL MINNESOTA-ORORN ANO/OR NARDI.. SPEOMEN ORAOE SHALL AONERC M. BUT R NOT LIWI[0 BLLOWI Y. THE FONG STANDARDS ALL PLANTS SHALL BE FREE FROM DISEASE PESTS, —&SCAR ALLS ER PEAR. SHALL BE FREE FROM NOTICEABLE RAPS MOLLS. OR DEFORMITIES AL PLANTS SHAL BE FREE FIRM "O(a OR DEAD AN :r= SHALL HAVE H—, HEALTHY BRANONNO AND —1 NO. AND EI TREES SHALL NAVE ANO LOSS MORN L[AR[R 0 A IIOGIT TO YAOTH MID a NO LOSS THAR SS T. PLANTS TO MEET AMERICAN! STANDARD FM ..-1 STOCK TANS zeal-aow DR uosr Gunnar wmd) nLOUN[Ya15 IRR 92E ARO TYPE SPfOIFlCD. B. PLANTS TO BE INSTALLED AS PER AN.. N ANS STANDAN. FLARING PMCBOCS. L PLAN TI pSHALI. BE NMEDAMLY PLANTED UPON AMN— AT SIL ROPCMV NC— MAMRAIS IF NECESSARY. 1nIPORARY ONLY. 11 PRIOR TO PLANTING, FIELD —FY THAT THE RODT W TOLE E VNIS 13 MOT THE CASL SOL SNAL BE k TREE IS P REMOVED PH ONE RAEEO Y wIM.Mro AMUD., iONE REMO �NEOP CR /ROOT MM STALL BE EVa OR w.- ABOVE `N—D ORADE 11. RIDU OF d R POTTED ANTS; SPLIT AND MNMAN APART IZ PRACTICE PLANTS TO CD—CT POOL MR—ING OF COSTING ANO PNOROSO TREES IS S E — NEED �OI�WS PRION 1. RAI- L NI E OfTEMANCIDUPON CORTRAC/OR SHALL NOTT V LANOSCAPC ARCIUTECT FOR THC N® OF ANY SOL AIENOMENTS 14. BACKFILL SOL AND TOPSOIL TO AOIERE TO MN/DOT STANDARD SPEOFICA1. — (COMMON TDPSOL BORROW) AMID TO BE EMSTIND iISS TNAN ME CN, FROM SIX ANLARGE uLSS SPECIFIED OTHERWISE. MINNUM 12' DEPTH TOPSOIL FOR TREE, .MAO. AND —N.ALS. 1S —DE MULCH FOR ALL TRICE AND — PLANINGS PER DETAIL 4 Ld TO BE SHR[DOCD NARDM ANO TIME OF DELE MOUS MAIpUAL MULOR V DIAMETER RIND AROUND AL 11EES AND SHRUBS TO A DEPTH OF A'. NEEP MULCH OFF TRU.. III. SHALL PROVIDE NECESSARY RAIERNG OF —1 YAIaMALS UNML THE PLANT MS NLLY ESTAII ED OR IRRIGATION STSTa OI OPERAJKN- ONN. WILT. NOT PROMDE WATER FOR CONTRACTOR i). AI REPLACE OR PROMOC SJD/SE[O AS —IABD FOR AMY MD.-, —, AREAS ADJACENT TO INE SM 11 REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERADDNS AT NO COST 10 OMNER _ , ti" Bm9NTNN1 R[ K IaSLy`5 ',) aq d AND 1I® •Uy T'�3j U" AREASMBIO:ADJACENT BEAM" SIDES AND ROTE OF aaOO�MA —T PIT WIm xtMmSOL SNRUR PLANINC Westwood OMlak [Vick BAt� P� to/SPY 4�Ik>• P.Pn 1� —J,S/ w ��( </ .ss//L..�UL tE 100 N FRL a IZLBC LlmapdM, B SUN USS Solar Meister Washington County, Minnesota Landscape Plan Not for Construction Tm sUSGAa ®s 0500 1 wfar Planting BoLedule KEY QTY. CONMM/BMANICAL HANE a2E 3PAONG O.C. MATURE HEIGHT T0) 1M14 RRRMntR I• • H BB 12-D - • NOR: QUANTITIES ON PLM RSUPERSEDE UST QUANTITRS IN THE EVENT OF A DISCREPANCY. L- Planting Notes 1. COtITMC101i MALL cENTAOT —ON -ONE EAW (651-A6A-000) v!00-233-1188) TO t£gFY..TM OF F1L UN.MM.ND 0.T. PRIOR TO WSTAWTON OF MY PLWTS M UNDSCAPE MATCRL4. 3. AND SITE CON EN OT.PLMT MATERIAL G SU6 . TO For 3 NO PUNIPiC WLL BE MSTNLEO UM1R ALL CRMINC ANO CWS1RUrnO1 XAS BEEN IENIKETEO IN MC IMMEDIATE MU. TMVONS UMT RE APPNOVED BY ME LAtm9CME A MCXIRCT — TO 9UBWSAON OF MY IM ANO/OR g1OR BY ME —E COIMACTOL 1 PUNT uA1FNALS ME NARMTEr .. ON THE DARK OF ME LANDSCME ARCHITECT'S OI —1 WUTRN ACCE—. 11X6 REPUCNNNT PL.MT U VE NAVE A ME — GUARANTEE CWM[NOHC UPON PLMTN6 S. ALL RANK TO BE SPECORDI MADE. MINNESOTA-rAONN X10 /OR NWmY. SPEtl4EN —E SMALL ADN[RC TT. BUTTS NOT WITEO ST. TIE FQLOWNG STANDMOS ALL -TS 3XALL BE FRET FROM OSCASE PCGTS. M ,NDS. SGR; E 6 �PlM�3 S11WL BE iMr iRO1 NOnfEABlf DAPS. TOLES. oe s PMO�I[S SMALL 0< FREE FROM EPDKQI OR DEM .LLL 019X12 SXALL RAVE XEAVY. MEALMY BRANCMNO AND EAAN6 AND A LOOS TREES SMALL MAK M O LCSSSIED uAIN LEADER AND A NDGT TO WDM RATIO K NO IL. MM 11 ). — TO MEET AMERICAN STANDARD FM NURSERY STOOL ((ANA XO.TMD-3W OI YOSF CURRENT V[R9a1J RC.IIIEVENTS i0R 4S TYPE MrCEIEO. 6 RAMS TO BE IIVSTALIID AS PER uxlA t ANA sFAA.AM PLANTING PMORS. 9. kAN SHALL 6E WMUSAMY PUNTED UPON ARRIVAL AT SM. PROPERY XCLL-W MATETOWS IF NECESSMY: mPORARY ONLY. 1. PIIWR TO PUXIWO. IElD VDI FY TIAT MC ROOT COIURMWT1 FIAO IS LOw1ID AT ME TOP OF ME BALLID ! BURLAP trE IF M9MALL IS M NOT ME CAM, SOL BE R[MOVED VOM i0 ME ROOT EO /AOOT RNR MANN ME BulLt t BURLAP MEF O PLANTED. TME ROOT ED M.E.MIR 91ALL BE CVO! OR SVOIRY ABOVE rIXl91[D GRAD 11. PEuO KOPTEOT ON POTIm PUNTS SPOT AM BREM MMT it PRUNE RANTS AS NCESSYIY - PCA STANDMW MIOSERY RGno, MD 10 COWECT PDDR BRMCMNG M EMCiTNG MD PROPOSm TREES. I} ME NEED FOR SOL AYENOMCNTS SHALL 6E INTOO MED UPON STE SOL —.TCONTiACiM SINLO M0T10 DSCME 4U1TO A E RCT FMME NEED O' MY SOL ANENONENTS. 11. BACMM SOL AND —OL To AMER TO W/DOT STANDARD 91EL61GTW OST) (CWMO1 TI—, BORROW) MO TO BE EMSTNC TOP SOL .. 9TE FREE OF R00T5. ROO(S __ MM ONE INW. SLBSOIL OEIMS. MD LMGE WELDS URL[$$ SPEARED — AISE bNI.. 11 — TOPY.OL — TIRE Siotm' AND PERENNIALS 13.....E m— FEN ALL TREE AND 91X118 "MOS PER DRNL IUltl1 TO tR SLREDOCD IW MOO AND FREE OF DLLRTAIWS uA-- .—Y .—AIM MDMD ALL EFS Alm SHRUBS TO A Do- OF V. MP MULLI 0FT MU. 1B. COITO11A15 MVI.Tg M- IMECESS Y�w�1E IS PLANT wAmwn snm a oRAAnarlu. oW1ER WLL NOT PRo4oE WATER FDR EM. - 1. REPAIR REPUCC to PRDMQC SOD/S6, AS —I— ANT rO1 ROADWAY BW Ir VMD AREAS AD—NT TO TIE STE D6 CD DumMxc CON mwrnoR 16 RANO X010 OOr TO PREPETITY FIRM I.M.EPEAATIONS L EaLa EVERGREEN TALE PANTING ON SO, NOUN, A . 9FT SOL uA95 LYD�N�jA ANO xutL_ 90[9 ANO BOTTFN O' Westwood n_ ac U5/ `1 AR TW N 6tH St wnSc )QRv aPRIL, 6 S61w USS Solar Meister Washington County, Minnesota landscape Plan Not for Construction D•m 01/30/18 — C500 Westwood Project Name: LISS Solar Meister LLC Date: 10/10/2017 Protect Number! ROM OR10.36 R.- Mitrholl ntt High -Level Geologic Desktop Review Summary Overburden Source Soil Unit USCS Erodibility (Kw) Depth Range Description / Notes Web Soil Survey Ostrander Silt Loam CL, SC High (0.43) >8' Silt loam, loess over till parent material Web Soil Survey Antigo Silt Loam CL -ML, High (0.55) >81 Silt loam, loess and silty loam glaciofiuvial deposits over stratified outwash parent GM material Web Soil Survey Waukegan Silt Loam C SP L' High (0.49) >8' Silt loam overcoarse sand, glaciofluvial sediments over outwash parent material Surficial Geology Map Glacial Till 1 >8' 1 Loam to clay loam textured, unsorted sediment with cobbles and boulders Surficial Geology Map Outwash I >8' Isand, loamy sand, and gravel, cobbly, commonly overlain by 2 toy ft of loess Well Log Sand & Gravel I >50' I Based on available well logs Bedrock Source Location Rock Type Rock Unit Depth Description / Notes MNGS Bedrock Topography Full Project Site Sandstone St. Peter Sandstone <50' Based on bedrock topographic contour map Well Log 427021 1700' SW of SW Parcel Corner Lime Prairie Du Chien ienGroup 43' Based on available well logs Group Well Log 739388 700' SE of NE Parcel Corner Lime Praira Du C ienGroup 60' Based an available well logs Well Log 795484 1 1600' NW of NW Parcel Corner Sandrock 35' Based on available well logs Ground Water Source Location Water Depth Notes Well Log 427021 1700' SW of SW Parcel Corner 72' Measured on 10/30/1987 Well Log 739388 700' SE of NE Parcel Corner 90' 1 Measured on 08/24/2006 Well Log 795484 1600' NW of NW Parcel Corner 90' 1 Measured on 05/02/2014 Subsurface Risk/Challenges Risk/Challenge Risk Level Description Peat and organic soil found int the topographically low areas, is typically soft, ex-FIE—ifin—gTo—wstrength and highcompressi iiity. As a resu t, pile foundations may need to go quite deep or pre -drilled and grouted, in order to develop the necessary capacity. The low bearing capacity and high compressibility Peat/Organic Soil Low associated with soft soil will also present challenges to the design of shallow spread footings and slab -on -grad foundations. Access roads may also require a thicker gravel cross section and subgrade stabilization/reinforcement. The potential for peat and organic soil to be present below topsoil is low based on published information. Expansive Soil Low Expansive clays have the potential to swell when saturated and shrink when dry, which can cause differential heave and settlement to foundations if not property accounted for in design. The granular soil indicated in the Soil Survey and well logs has low shrink/swell potential. Frost susceptible soils in cold climate regions Include clay, silt, and fine sand. Coarse grained soils that are well drained are less -susceptible to frost heave action in the absence of soil saturation. Frost heave occurs when frozen soil adheres to the pile surface and heaves due to the formation of ice lenses. Frost Heave Medium Frost heave may be a controlling factor in pile foundation design, requiring embedment well below the frost depth so that sufficient capacity can be acquired from non -frozen soil. Access roads may require additional maintenance and gravel placement during the spring thaw. Shallow spread footings should bear below frost depth. Although groundwater at this site is relatively deep, there is the potential for perched groundwater and frost heave potential is considered moderate. Shallow and perched groundwater will present challenges to open excavations and trenches by destabilizing sidewalls and subgrade if dewatering systems Shallow/Perched Low to are not implemented. Drilled pierfoundations will also suffer from hole collapse if not effectively cased, and concrete may need to be placed using tremie Groundwater Medium method. Shallow groundwater will also soften access road subgrade and Increase the chance of Flooding/ponding on site. Although water well logs suggest that the water table is deeper than normal excavations and pile depths, there is always a potential for perched groundwater in variable glacial till soil. Medium to Erratic cobbles and boulders found int e shallow su surface are commonly associated with glacial till material. If present, dense soil an Subsurface Obstructions cobbles/boulders may inhibit pile driving activities. Glacial till is noted on the premises, and due to the presence of gravel the potential for subsurface High obstructions is considered moderate to high. Corrosive Soil Low Due to the presence of coarse granular soil there is a low potential for corrosive conditions. Steel piles may still require additional protective measures (e.g., galvanization or sacrificial steel). Electrical trenches and shallow foundation excavations will likely remain above bedrock, however, pile foundations could encounter cobbles/boulders if Shallow Bedrock Low glacial till is encountered. Rock -drilling is not likely to be needed, which is more costly and slower than soil drilling or driven piles. Shallow bedrock is not expected at this site. Medium to Erodible soils typically have a high silt content leading to low infiltration rates and easily detached particles. Highly erodible soils and significant Soil Erodibility topographic relief increase the potential for scour around piles and the demand for access road maintained. The granular soils at this site have moderate High to high potential for erosion, although consideration should also be given to the grades on site when evaluating erosion potential. Summar Frost heave in the cold climate of Minnesota may present challenges to foundations. Glacial deposition may present challenges to driven pile and helical foundations. Corrosive soils may require additional protective measures on steel piles. Shallow/perched groundwater may present challenges to drilled piers and excavations. The potential for topsoil erosion is moderate to high. A comprehensive geotechnical investigation is recommended to better characterize subsurface conditions and their associated impacts on the project. References USDA NRCS. Web Soil Survey. http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx Minnesota Department of Health. County Well Index Online. http://www.health.state.mn.us/divs/eh/cwi/ Meyer, G.N., Baker, R.W., and Patterson, C.J. 1990. Washington County Plate,3 - Surficial Geology. Minnesota. Minnesota Geological Survey. http-//conservancy.umn.edu/handle/11299/58492 Mossler, J.H. and Bloomgren, B.A. 1990. Washington County Plate 2 - Bedrock Geology. Minnesota. Minnesota Geological Survey. http://conservancy.umn.edu/handle/11299/58492 Patterson, C.J., Mossler, J.H., and Bloomgren, B.A. 1990. Washington County Plate 4 - Bedrock Topography and Depth to Bedrock. Minnesota. Minnesota Geological Survey. http://conservancy.umn.edu/handle/11299/58492 ® 2017 Westwood Professional Services, Inc. ID 10 ' � 9VA �'� 1 r� I5� 1! , i s i i • � � ' . ±z i' T h7' :60th St Sti C Lamar ,,, { (CottageGrove. 1�lG�1�3. • rn� ear � � m. � ' i ) Q 67th St,S @ , 3 t• y C v N m, 7 �otn st s z 9 — ag - — -- g We•shington Go'HWy`22 In 72nd St S' ti jl fes ; ti i East COi� B q�PP�rr,`74th St S 4th St 1 f '.W0 @N r 75th qVO t' 75th St S 'Q _1�1\ Cottage Groue m�� r 77thst s 80th 5t S) r Gly '�°� 80th SYS, �Jr nine �O�r \ • - � ! ; _ it � �� i � � � = �1 I ...� � ` fl (6115 � st Paul . i-.�,•j � - �•.� �� y j 450 �/�i car! N Lakeville i s _ A0 2,000 \ w t� 0 Project Location Data Source(s): Westvood (2017); ESRI WMS USAMinn Topa BaseDNR"ap (Accessed ); Legend Solar Meister Community c Minnesota DNR -Minerals DivisloNSectien of .`7 Wtldlde (20, S,. Cenaua Sureau (20iS,. Project Premises City/Civil Township Solar Garden e Boundary ® Boundary Cottage Grove, Washington County, Minnesota Project Parcel-----� County Boundary Project Location & Westwood Boundary USGS Topography PSS Section Toll eFree (8fezio al Se w, Inc. dps.<om Road Boundary D Westwood Professlonal5ervlces, Inc. EXHIBIT 1 m 2017 West—d! Professional Services, Inc. t f• 1f • . i Washington Co Hwy 22 70th St S �1 sub. bb P t i F t 1 a � r E �I K 31 w I a U N"I'w^ Feet in A 0 500 Data Source(s): Westwood 7); co, Minnesota Legend Solar Meister Community w NAIP Imagery (Accessed 2017); Census Bureau g (2016); MnDNR (2008); MPCA and EPA ) Assessed Stream o o Drainage Ditch Project Premises assessed waters (2012); U.S. Flsh and Wildlife g Service (2013); Ducks Unlimited (2013); USGS Boundary Solar Garden NHD Dataset (2013); FEMA(2016). PfOJOCt Parcel ®Impaired Lake ®NHD Flowline Cottage Grove, Washington County, Minnesota Boundary��77 Desktop Delineated NHD Walerbody b PWI Watercourse b Wettand z NWI Wetland 100 -Year Floodplain Westwood PWIBasin 500 -Year Floodplain Water Resources E - �; Shoreland District Tot Fee (886)937-5160 westwoodps.com o Westwood Professional Services, Inc. EXHIBIT 2 02017 Westv;oou Professional Services, Inc. 1I°j¢¢�I°�Oipoi 9 0 _ A � 924 __ - 926 926. Washrngton Co Hwy 22L — -_ - --_ - ---- 924 "- —' - .. _.._...�. 922 _ '. - ..�_. _ _ ..- th tS _ g70 C S �- '�? ... �_... _. frt:w'•'t, - } cb / 916 66 -960 -. 9229N - - 922 944 m 946 � ) g48 p � ,'� /. � I � sdi _ 9Qa — : i � � r ,\ 938361 I'��0 918 - A 914 1� My9 9g48 a 3 6 .9 24. - , _ ;9�4 ,. y 932 932 918 940 9j? 97Q , 910 ` I 9711 9y? ?a .ii,�.'- 908, L N 914 - 916- i ( Feet 916 9oe 9�6 0 500 97g _ 900 908 Data Souroe(s): Westwood (2017); Minnesota NAIP Imagery (Accessed 2077); Census Bureau Legend (2016). Solar Meister Community J � Onsite Flow Path Project Premises Solar Garden Boundary Cottage Grove, Washington County, Minnesota Project Parcel ®Offsite Flow Path F=—]Boundary onsite Drainage Westwood Area Desktop Hydrology 1 Oft Contour Offsite Drainage Td Free (688)937-6160 Area westwoodps.cam Westwood Profemlonal Servlces, Inc 2ft Contour EXHIBIT 3 0 2017 Westwood Professional Services, Inc '4 �i ( W 1 . S ,Ips l� 1 70th St S Washington Qo Hwy'22 --- ... v t G _ { a m W • M L � t \ L 1 y 4 % W i. V 0. (j 4 s i •' IL )qth. St. i e W q t a W to N t Feet A o 600 _ . Data Source(s): Westwood (2017); Minnesota Legend Imagery (Accessed 20,7); cenaus BNAI pureau Bureau Ventp Velocity Suite, Ventyx Solar Meister Community (2016); PfOJBCI Premises Energy LLC. (2016); Minnesota Pollution ®Bounds Control Agency (2009); Minnesota Geological ry Airport Solar Garde n survey (2014).Project Parcel Boundary O MPCA site Cottage Grove, Washington County, Minnesota 00o Oil Pipeline ❑ Substation Westwood 411 CO2 Pipeline O Approximate Infrastructure Well Location —m_ Natural Gas Pipeline 7d Frtc (866)937-6150 westwoodps.mm �— Railroad Westwood Professional 5emIce% Inc Transmission Line EXHIBIT 5 Washington Co Hwy 2 J 3 Ilrl V JVV Data Source(s): Westwood (2017); Legend Minnesota NAIP Imaaery (Accessed 9 r� 70th St S 2017); Census Bureau (2016); U.S. Project Premises Unified Soil Classification System I USDA Map Unit Symbol I USDA Department of Agriculture, Natural IM Boundary Map Unit Name I Hydric Solis Classification Resources Conservation Service (2016).6 Project Parcel 0 Boundary 2B O t d N/A 1 I Ostrander silt loam, 2 topercent slopes 0%Hc ( Hydric, 5011 Unit CL 12961 Rlchwood sill loam, 0 to 2 percent slopes 10% Hydric Boundary All HydrWPredominantiy CL 1498 1 Antigo silt loam, 2 to 6 percent slopes 10% Hydric Hydric Soil CL -ML 12C I Ostrander sift loam, 6 to 12 percent slopes 10% Hydric Westwood CL Waukegan -ML 14118 I sift loam, 2 to 6 percent slopes 10% Hydric ra Frea (8881937-6150 va .dps.cam WesLvood Professional Services, Inc. Gnlnr Mnicfar C_nmmiinity Solar Garden Cottage Grove, Washington County, Minnesota Soils EXHIBIT 6 WeAwood P 1 11. II�IAARMe(fi OESCFJPTION Wp � � .IW . •ne.n ad Je'imnn f�N wltto e. MwMd h IIXe me rvmnn we.,d a/nw ndrlr.nr Wd,d MrrN:erNA d Mla ..5. (,tA xe•war aaedv EXCEPTIONS lµn xx 1 Y�� ma![ IDi4 e� M• l4 Jo,i n Qoannw�f xenrM3,� Ifenr rm ]] T rIYM olYmdwewn of Cu.nn4 tree YarrJi ,.Jpl], � ApY SS Sa] s Wenwr Nn. I,roSBp tten xs ]J T • aM Mmnmrbvoo fbchk £owndf IOM YeY 10. SOl4 eembe MY 1 SD,Ja 4aumnr Ns IIINW IWn Iw I r• dneYbn d Mph, of Mby fa.wxeaw eeM.w• IS Ipe). I nwsw�nbwAepmryII�. tsb n teM w4 Pope IxY. n Oznwr f'e, IIJOba �fsln�F4 Pow 3M �le Stl�l4 "reeve .bnwY 31 !a OwtivMl utt3 Mir uf�.3rK M [Y.•nW Y M' C.5!•Sxl. xJT �R✓ew�gR�N Yex Mq Yaq M rpJt rsrad May I; IpI � 6.' be04'� u6 W*SRC TC .fIftTWT[rtry n'0/910e1I Ov mm ,/s I Y ArWlllna b(b 10. .rol�roea,y,e 14 J41� nOpumwr Ma I4L4'l) yrelr GY[u(xl PX. JDWI. AS COWS 4L NOTES ,w Oeilril Aar+ eeWMy ewbWi dM�merliw eN awnrebin eaa'lbenyaere ew ➢ISS en•e w Hann n mdwenol• lomlwn mly J n mn enblc (emcee Jon) 3... [Mormn� f� ��e7�re b➢N de5'rcb b 1 M, hldNe I. �N�y bro b Pow Nnrl. M✓xAy Rne wrp fm Nr LLG (]Clgl wba eIM.O• i a. wx.r x�eadty aauew Iae aen xr ewdb 4 ..,.e nyemrw a,�..oran ( IJ a v.. rgnap. f.w• ro re.nwxn dmdb we✓e rs M amen n zb. P ( ar.mhb ,o n rnm. favdy 1 �•Mr aetlb Fun ileae humn FNe ✓4 ne•nW DIaJ_W]pC • dl b e rd sykMMe' edxaee• (Immh4/dvehp} (r�lade w dod�M xmn Gax'+'b o�M.1b (O.a (br• [du ,, macer ff'u) 11 ti Mep USS Solar Meister Washington County, MN — W/w/2ff— I q I Parcel r nsfta;nts Map X Or !07 200' J00' 11 ti Mep USS Solar Meister Washington County, MN — W/w/2ff— I q I Parcel r nsfta;nts Map APPENDIX 11— INTERCONNECTION AGREEMENT DETAILS Project: USS Solar Meister LLC SRC#: SRC052769 Application Deemed Complete: 10/1/2017 Status: Awaiting Interconnection Agreement Expedited Ready: 10/17/2017 APPENDIX 111 — MEMORANDUM OF LEASE AGREEMENT Lessor: Bette E. Meyer Revocable Trust- Janice Munson, as Trustee Lessee: US Solar Development LLC Note: US Solar Development LLC is a wholly owned subsidiary of United States Solar Corporation. Prior to construction, US Solar Development LLC will assign the lease to USS Solar Meister LLC, the IUP applicant and project company. (Top 3 inches Reserved for Recording rata) MEMORANDUM OF LEASE AND SOLAR EASEMENT THIS MEMORANDUM OF OPTIO TO LEASE, LEASE AND SOLAR EASEMENT (this "Memorandum"), dated as of �-t�Z 2017 (the "Effective Date"), is made by and between, Janice A. Munson, as Trustee of the Bette E. Meyer Revocable Trust, under Agreement dated November 17, 2015, whose address is 11176 73RD St S, Cottage Grove, MN 55016 ("Lessor") and US SOLAR DEVELOPMENT LLC, a Delaware limited liability company, whose address is 100 N 6th St., Suite 218C, Minneapolis, MN 55403 ("Lessee"), A. Lessor is the owner of real property located in Washington . County, Minnesota, that is legally described in Exhibit A (the "Lessor Property") B. Lessor and Lessee have entered into that certain Option to Lease, Lease and Solar Easement (the "Lease"), having an effective date of 4 I , 2017, whereby Lessor leases to Lessee and Lessee leases from Lessor a ortio of the Lessor Property (the "Premises") for the purposes of the Facility (as defined below). C. Lessor and Lessee wish to give record notice of the existence of the Lease. NOW THEREFORE, in consideration sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PURPOSE OF LEASE. THE LEASE IS SOLELY FOR SOLAR PHOTOVOLTAIC ENERGY GENERATION PURPOSES, AND THROUGHOUT THE TERM OF THE LEASE, LESSEE SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO USE THE LESSOR PROPERTY FOR SUCH PURPOSES. FOR PURPOSES OF THE LEASE, PHOTOVOLTAIC ENERGY GENERATION PURPOSES MEANS: (1) MONITORING, TESTING AND ASSESSING THE LESSOR PROPERTY FOR SOLAR PHOTOVOLTAIC ENERGY GENERATION, AND (11) DEVELOPING, CONSTRUCTING, INSTALLING, OPERATING, MAINTAINING, REPAIRING, AND REPLACING PHOTOVOLTAIC ELECTRIC ENERGY GENERATING _ Page I�f Recelpt:ti380161 4134770 MLE $48.00 Transferred Entered CRV Filed I �I II 11 No Delinquent Taxes Certified Filed and/or recorded on: Return to: UNITED STATES SOLAR 1119/2017 11:32 AM CORP 100 N 8TH Sl' STE 2180 4134770 MINNEAPOLIS MN 55103 Office of the county Recorder Washington County, Minnesota Jonniler Wngenius, County Recotity Kevin Corbid, Auditor Tiossurer (Top 3 inches Reserved for Recording rata) MEMORANDUM OF LEASE AND SOLAR EASEMENT THIS MEMORANDUM OF OPTIO TO LEASE, LEASE AND SOLAR EASEMENT (this "Memorandum"), dated as of �-t�Z 2017 (the "Effective Date"), is made by and between, Janice A. Munson, as Trustee of the Bette E. Meyer Revocable Trust, under Agreement dated November 17, 2015, whose address is 11176 73RD St S, Cottage Grove, MN 55016 ("Lessor") and US SOLAR DEVELOPMENT LLC, a Delaware limited liability company, whose address is 100 N 6th St., Suite 218C, Minneapolis, MN 55403 ("Lessee"), A. Lessor is the owner of real property located in Washington . County, Minnesota, that is legally described in Exhibit A (the "Lessor Property") B. Lessor and Lessee have entered into that certain Option to Lease, Lease and Solar Easement (the "Lease"), having an effective date of 4 I , 2017, whereby Lessor leases to Lessee and Lessee leases from Lessor a ortio of the Lessor Property (the "Premises") for the purposes of the Facility (as defined below). C. Lessor and Lessee wish to give record notice of the existence of the Lease. NOW THEREFORE, in consideration sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PURPOSE OF LEASE. THE LEASE IS SOLELY FOR SOLAR PHOTOVOLTAIC ENERGY GENERATION PURPOSES, AND THROUGHOUT THE TERM OF THE LEASE, LESSEE SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO USE THE LESSOR PROPERTY FOR SUCH PURPOSES. FOR PURPOSES OF THE LEASE, PHOTOVOLTAIC ENERGY GENERATION PURPOSES MEANS: (1) MONITORING, TESTING AND ASSESSING THE LESSOR PROPERTY FOR SOLAR PHOTOVOLTAIC ENERGY GENERATION, AND (11) DEVELOPING, CONSTRUCTING, INSTALLING, OPERATING, MAINTAINING, REPAIRING, AND REPLACING PHOTOVOLTAIC ELECTRIC ENERGY GENERATING EQUIPMENT, SUPPORTING STRUCTURES AND BALLASTS, INVERTERS, ELECTRICAL TRANSFORMERS, FIXTURES, ELECTRIC DISTRIBUTION LINES, COMMUNICATION LINES, METERING EQUIPMENT, INTERCONNECTION FACILITIES AND RELATED FACILITIES AND EQUIPMENT (COLLECTIVELY, THE "FACILITY") ON THE LESSOR PROPERTY, ANY IMPROVEMENTS, FIXTURES OR STRUCTURES THAT ARE NOT A PART OF THE FACILITY SHALL NOT BE INSTALLED ON THE LESSOR PROPERTY WITHOUT THE EXPRESS WRITTEN CONSENT OF LESSOR. COMMERICAL OPERATION DATE' TERM` RENEWAL TERMS, THE TERM OF THE LEASE ("TERM") SHALL COMMENCE UPON THE EFFECTIVE DATE AND CONTINUE UNTIL 31:59 PM ON THE TWENTY-FIFTH (25TH) ANNIVERSARY OF THE COMMERCIAL OPERATION DATE, THE "COMMERCIAL OPERATION DATE" SHALL BE THE FIRST DAY OF THE FIRST FULL MONTH AFTER THE FACILITY COMMENCES COMMERCIAL PRODUCTION AND SALE OF ELECTRICITY ON THE LESSOR PROPERTY UNDER ANY CONTRACT OR AGREEMENT OR OTHER ARRANGEMENT PURSUANT TO WINCH LESSEE SELLS THE ELECTRICITY AND RELATED ENVIRONMENTAL ATTRIBUTES (AS DEFINED IN THE LEASE) TO ANY PURCHASER THEREOF, THE PERIOD OF TIME BETWEEN THE EFFECTIVE DATE AND THE COMMERCIAL. {OPERATION ©ATE IS NOT EXPECTED TO EXCEED THREE () YEARS. IF THE COMMERCIAL OPERATION DATE DOES NOT OCCUR WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THE LEASE, EXCEPT AS SUCH PERIOD MAY BE EXTENDED DUE TO FORCE MAJEURE OR BY AGREEMENT OF THE PARTIES, THEN, LESSEE MAY ELECT TO PAY THE RENT AMOUNT THAT WOULD OTHERWISE BE DUE FOLLOWING THE COMMERCIAL OPERATION DATE (IN WHICH CASE THE DATE OF SUCH PAYMENT SHALL BE DEEMED TO BE THE ON OPERATION DATE), AND IF LESSEE DOES NOT ELECT TO DO SO (OR IF THE COMMERCIAL OPERATION, DATE DOES NOT OTHERWISE OCCUR) WITHIN NINETY (90) DAYS FOLLOWING THE EXPIRATION OF SUCH THREE-YEAR PERIOD (AS MAY BE EXTENDED AS PROVIDED IN THE LEASE), THEN EITHER LESSEE OR LESSOR MAY ELECT TO TERMINATE THE LEASE BY DELIVERING WRITTEN NOTICE TO THE OTHER TO SUCH EFFECT, IN WHICH CASE NEITHER LESSEE NOR LESSOR SHALL HAVE ANY FURTHER OBLIGATIONS UNDER THIS LEASE AND LESSEE SHALL HAVE NO FURTHER OBLIGATION TO PAY RENT TO LESSOR, LESSEE SHALL USE COMMERCIALLY REASONABLE EFFORTS TO HAVE THE COMMERCIAL OPERATION DATE OCCUR ON OR BEFORE DECEMBER. 31, 2018; PROVIDED, HOWEVER, THAT IF LESSEE IN ITS SOLE DISCRETION DETERMINES AT ANY TIME PRIOR TO THE CONSTRUCTION ©ATE (AS DEFINED IN THE LEASE) THAT THE LESSORPROPERTY IS UNSUITABLE FOR THE FACILITY OR THAT A REQUIRED APPROVAL HAS NOT BEEN RECEIVED OR IS NOT LIKELY TO BE RECEIVED IN A TIMELY FASHION, LESSEE MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, LESSEE HAS OPTIONS TO EXTEND THE INITIAL TERM OF THE LEASE FOR THREE ADDITIONAL FIVE (5) YEAR TERMS COMMENCING IMMEDIATELY ON THE DAY THAT THE TERM WOULD OTHERWISE EXPIRE, SOLAR EASEMENT, THE LEASE GRANTS TO LESSEE, FOR THE TERM OF THE LEASE, AN EXCLUSIVE SOLAR EASEMENT TO USE ALL SUNLIGHT WHICH NATURALLY ARRIVES. AT THE PREMISES, INCLUDING AN EXCLUSIVE EASEMENT PROHIBITING ANY OBSTRUCTION TO THE FREE FLOW OF SUNLIGHT TO THE PREMISES THROUGHOUT THE ENTIRE AREA OF THE LESSOR PROPERTY DESCRIBED ON EXHIBIT B OF THE LEASE (THE "EASEMENT PREMISES"), WHICH SHALL CONSIST HORIZONTALLY THREE HUNDRED AND SIXTY DEGREES (3600) FROM ANY POINT WHERE ANY PHOTOVOLTAIC GENERATING FACILITY IS OR MAY BE LOCATED AT ANY TIME FROM TIME TO TIME (EACH SUCH LOCATION REFERRED TO AS A "SOLAR SITE") AND FOR A DISTANCE FROM EACH SOLAR SITE TO THE BOUNDARIES OF THE EASEMENT PREMISES, TOGETHER VERTICALLY 2 THROUGH ALL SPACE LOCATED ABOVE THE SURFACE OF THE EASEMENT PREMISES, THAT 1S, ONE HUNDRED EIGHTY DEGREES (1800) OR SUCH GREATER NUMBER OR NUMBERS OF DEGREES AS MAY BE NECESSARY TO EXTEND FROM EACH POINT ON AND ALONG A LINE DRAWN ALONG THE PLANE FROM EACH POINT ALONG THE EXTERIOR BOUNDARY OF THE EASEMENT PREMISES THROUGH EACH SOLAR SITE TO EACH POINT AND ON AND ALONG SUCH LINE TO THE OPPOSITE EXTERIOR BOUNDARY OF THE EASEMENT PREMISES. OTHER EASEMENTS. THE LEASE GRANTS TO LESSEE, FOR THE TERM OF THE LEASE, THE FOLLOWING EASEMENTS OVER, ACROSS AND ON THE LESSOR PROPERTY (A) A NON-EXCLUSIVE ACCESS EASEMENT ("ACCESS EASEMENT") THROUGH THE LESSOR PROPERTY FOR PURPOSES OF LESSEE'S ACCESS TO THE FACILITY ON THE PREMISES ("ACCESS PREMISES"), PURSUANT TO WHICH LESSEE MAY CONSTRUCT, USE AND/OR MAINTAIN A ROAD WITHIN THE ACCESS PREMISES AT LESSEE'S EXPENSE; (B) A NON-EXCLUSIVE EASEMENT ON AND THROUGH THAT PORTION OF THE LESSOR PROPERTY CONSISTING OF THE DISTRIBUTION PREMISES (AS DEFINED IN THE LEASE) FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING AN ELECTRIC DISTRIBUTION UNE AND RELATED COMMUNICATION LINES BETWEEN THE FACILITY AND ELECTRICAL FACILITIES OWNED BY CERTAIN PURCHASERS OF ELECTRICITY AND RELATED ENVIRONMENTAL ATTRIBUTES; AND (C) AN EASEMENT AND LICENSE FOR THE FACILITY TO CREATE, CAUSE, INCREASE, ACCENTUATE, OR OTHERWISE CONTRIBUTE TO THE OCCURRENCE OF LIGHT, SHADOWS, SHADOW AND LIGHT FLICKERING, GLARE AND REFLECTION, ON AND ACROSS THE LESSOR PROPERTY. UNDER THE TERMS OF THE LEASE, LESSEE SHALL ALSO BE ENTITLED TO INGRESS AND EGRESS TO AND FROM ITS FACILITY AND APPURTENANT EQUIPMENT AND ELECTRICAL POWER LINES OVER THE PREMISES AND SUCH ADDITIONAL AREAS OF THE LESSOR PROPERTY AS SHALL BE REASONABLY NECESSARY TO ACCESS A PUBLIC ROADWAY OR ALLEY. __ — _..••.•.., ,••,•-„ vWit.. i u trlvv,rcVtvivlCiv I HL ATTR. THE FACILITY AND RELATED EQUIPMENT CONSTRUCTED, INSTALLED OR PLACED ON THE PREMISES AND WITHIN THE DISTRIBUTION PREMISES BY LESSEE PURSUANT TO THE LEASE SHALL BE THE SOLE PROPERTY OF LESSEE, AND LESSOR AGREES THAT IT SHALL HAVE NO OWNERSHIP OR OTHER INTEREST IN THE FACILITY AND RELATED EQUIPMENT OWNED BY LESSEE ON THE PREMISES OR WITHIN THE DISTRIBUTION PREMISES. THE FACILITY IS AND SHALL REMAIN PERSONALTY OF THE LESSEE, NOTWITHSTANDING ANY PRESENT OR FUTURE COMMON OWNERSHIP OF THE FACILITY AND THE PREMISES, AND IRRESPECTIVE OF WHETHER ANY OF THE FACILITY IS DEEMED TO BE A FIXTURE OR OTHERWISE PART OF THE LESSOR PROPERTY OR ANY IMPROVEMENTS ON THE LESSOR PROPERTY, AND LESSOR ACKNOWLEDGES THAT THE FACILITY IS AND SHALL REMAIN PERSONAL PROPERTY OF LESSEE IRRESPECTIVE OF THE MANNER OF ITS ATTACHMENT OR CONNECTION TO THE LESSOR PROPERTY. LESSOR ACKNOWLEDGES THAT LESSEE'S LENDERS MAY REQUEST A FIRST PRIORITY SECURITY INTEREST IN THE FACILITY AS COLLATERAL FOR FINANCING OF THE FACILITY, AND LESSOR CONSENTS TO THE GRANT BY LESSEE OF SUCH A SECURITY INTEREST, AND THE FILING OF INSTRUMENTS NECESSARY TO PERFECT SUCH A SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE IN THE FACILITY AS PERSONAL PROPERTY OF THE LESSEE. LESSOR AGREES THAT ALL ENVIRONMENTAL ATTRIBUTES REMAIN THE PROPERTY OF LESSEE IRRESPECTIVE OF WHETHER LESSOR CONSUMES OR USES ANY OF THE ELECTRICITY GENERATED BY THE FACILITY, AND LESSOR HAS NO TITLE OR RIGHT TO ANY SUCH ENVIRONMENTAL ATTRIBUTES RELATED TO, ARISING FROM OR ASSOCIATED WITH THE FACILITY OR ANY ELECTRICAL CAPACITY OR ENERGY CREATED BY THE FACILITY. ANY GRANT, REBATE, 3 INCENTIVE PAYMENT, TAX CREDIT OR ANY OTHER CREDIT, VALUE, TAX OR OTHER BENEFITARISING FROM OR ASSOCIATED WITH THE INSTALLATION OR OWNERSHIP OF THE FACILITY OR THE PRODUCTION OF ENERGY AND CAPACITY BY THE FACILITY, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTION TAX CREDIT OR INVESTMENT TAX CREDIT PURSUANT TO 26 U.S.C. SECTIONS 45 AND 4$ OR SIMILAR STATE TAX LAW PROVISIONS; THE MADE -IN -MINNESOTA REBATES PURSUANT TO MINN. STAT. SECTION 1160.7731 (2013); AND THE REBATES AVAILABLE THROUGH'NSP'S "SOLAR REWARDS" PROGRAM SHALL INURE TO THE EXCLUSIVE BENEFIT OF LESSEE. RIGHT TO ENCUMBER; ASSIGNMENT. LESSEE MAY AT ANY TIME MORTGAGE, PLEDGE OR ENCUMBER ALL OR ANY PART OF ITS INTEREST IN THE LEASE AND RIGHTS UNDER THE LEASE AND/OR ENTER INTO A COLLATERAL ASSIGNMENT OF ALL OR ANY PART OF ITS INTEREST IN THE LEASE OR RIGHTS UNDER THE LEASE TO ANY ENTITY WITHOUT THE CONSENT OF LESSOR. LESSEE MAY ASSIGN, SUBLEASE, TRANSFER OR CONVEY ITS INTERESTS IN THE LEASE TO AN AFFILIATE OR SUBSIDIARY OF LESSEE WHICH WILL OWN, LEASE OR OTHERWISE CONTROL THE FACILITY, OR AN ENTITY THROUGH WHICH SUCCEEDS TO ALL OR SUBSTANTIALLY ALL LESSEE'S ASSETS,WITHOUT LESSOR'S CONSENT. LESSEE MAY ALSO ASSIGN, SUBLEASE, TRANSFER OR CONVEY ITS INTERESTS IN THE LEASE TO A THIRD PARTY WITHOUT LESSOR'S CONSENT, SUBJECT TO THE CONDITIONS SET FORTH IN THE LEASE. LESSOR ACKNOWLEDGES THAT IT MAY NOT 'SELL, TRANSFER, LEASE, ASSIGN, MORTGAGE, OR OTHERWISE ENCUMBER THE FACILITY OR LESSEE'S INTEREST IN THE LEASE AND RELATED EASEMENTS, AND ANY SALE OR CONVEYANCE OF THE LESSOR PROPERTY OR LESSOR IMPROVEMENTS SHALL BE SUBJECT TO THE LEASEHOLD AND EASEMENT INTERESTS OF LESSEE IN THE LEASE. CONTINUING MATURE OF OBLIGATIONS. THE SOLAR EASEMENT AND RELATED RIGHTS AND EASEMENTS GRANTED BY LESSOR IN THE LEASE TO LESSEE ARE EASEMENTS IN GROSS; REPRESENTING INTERESTS PERSONAL TO AND FOR THE BENEFIT OF LESSEE, ITS SUCCESSORS AND ASSIGNS, AS OWNER OF THE RIGHTS CREATED BY THE EASEMENT, THE EASEMENT AND OTHER RIGHTS GRANTED BY LESSOR IN THE LEASE ARE INDEPENDENT OF ANY LANDS OR ESTATES OR INTEREST IN LANDS, THERE IS NO OTHER REAL PROPERTY BENEFITING FROM THE SOLAR EASEMENT AND RELATED RIGHTS GRANTED IN THE LEASE AND, AS BETWEEN THE PREMISES AND OTHER TRACTS OF PROPERTY, NO TRACT IS CONSIDERED DOMINANT OR SERVIENT AS TO THE OTHER. THE BURDENS OF THE SOLAR EASEMENT AND ALL OTHER RIGHTS GRANTED TO LESSEE IN THE LEASE SHALL RUN WITH AND AGAINST THE PREMISES AND THE EASEMENT PREMISES AND SHALL BE A CHARGE AND BURDEN ON THE PREMISES AND THE EASEMENT PREMISES AND SHALL BE BINDING UPON AND AGAINST LESSOR AND ITS SUCCESSORS, ASSIGNS, PERMITTEES, LICENSEES, LESSEES, EMPLOYEES AND AGENTS. THE LEASE, INCLUDING THE SOLAR EASEMENT, SHALL INURE TO THE BENEFIT OF LESSEE AND ITS SUCCESSORS, ASSIGNS, PERMITTEES, LICENSEES AND LESSEES. SURVIVAL OF COVENANTS. THE PARTIES ACKNOWLEDGE THAT THE COVENANTS, CONDITIONS, .RIGHTS AND RESTRICTIONS IN FAVOR OF LESSEE UNDER THE LEASE, INCLUDING, BUT NOT LIMITED TO, THE EASEMENT DESCRIBED IN SECTION 3 AND 4 HEREOF, AND LESSEE'S USE OF AND BENEFIT FROM THOSE COVENANTS, CONDITIONS, RIGHTS AND RESTRICTIONS, MAY CONSTITUTE A PORTION OF A LARGER SET OF FACILITIES SERVING SEVERAL SOLAR ENERGY FACILITIES WITH WHICH THE FACILITY WILL SHARE STRUCTURAL AND TRANSMISSION COMPONENTS, INGRESS AND EGRESS, UTILITY ACCESS, AND OTHER SUPPORT, ALL OF WHICH ARE SPECIFICALLY DESIGNED TO BE INTERRELATED AND INTEGRATED IN OPERATION AND USE FOR THE FULL LIFE OF THE FACILITY, AND THAT THE COVENANTS, CONDITIONS, RIGHTS AND RESTRICTIONS IN FAVOR OF LESSEE PURSUANT TO THE LEASE SHALL NOT BE DEEMED NOMINAL, INVALID, INOPERATIVE OR OTHERWISE BE DISREGARDED WHILE: ANY PORTION OF THE FACILITY OR RELATED SOLAR PROJECTS OR FACILITIES REMAIN OPERATIONAL. LANDOWNER ACTIVITIES. LESSOR USES THE LESSOR PROPERTY FOR AGRICULTURAL PURPOSES. LESSEE RESERVES THE RIGHT TO RELOCATE OR RECONFIGURE THE FACILITY UPON THE PREMISES DURING THE TERM OF THIS LEASE. LESSEE AGREES TO COOPERATE WITH LESSOR TO LOCATE THE FACILITY ON THE PREMISES IN A MANNER THAT MINIMIZES INTERFERENCE WITH AGRICULTURAL OR BUSINESS OPERATIONS OF LESSOR OR LESSOR'STENANTS, TO THE EXTENT CONSISTENT WITH LESSEE'S PLANNED USE OF THE PREMISES, PURPOSE OF THIS MEMORANDUM, THIS MEMORANDUM HAS BEEN EXECUTED, DELIVERED AND RECORDED FOR THE PURPOSE OF GIVING NOTICE OF THE LEASE, EASEMENTS, AND OTHER RIGHTS IN ACCORDANCE WITH THE TERMS, COVENANTS AND CONDITIONS OF THE LEASE, THE TERMS AND CONDITIONS OF THE LEASE ARE INCORPORATED BY REFERENCE INTO THIS MEMORANDUM AS IF SET FORTH FULLY HEREIN AT LENGTH. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND PROVISIONS OF THE LEASE AND THIS MEMORANDUM, THE LEASE SHALL CONTROL. [Signature pages follow] IN WITNESS WHEREOF, each of the parties hereto has executed and delivered this Memorandum as of the day and year first above written. LESSEE: STATE OF MINNESOTA COUNTY OF _ N�NNc�iti US SOLAR DEVELOPMENT LLC, a Delaware limited liability company Y Name: Reed Richerson Title: COO This instrument was acknowledged before me on AT ! c.a6,6- �OI-� by Reed Richerson, the COO of US Solar Development LLC, a Delaware limited liability company, on behalf of the company (SEAL) R1 Name Printed: PETER SCHMITT NOTARY PuBM • MiNNESOTA My tiWnttu"M f"M Jen, 01 2022 LANDOWNER: By: Name: STATE OF MINNESOTA COUNTY OF A. Munson, as Trustee This instrument was acknowledged before me on 9 ✓ 2--7 - I � _ by Janice A. Munson, as Trustee of the Bette E. Meyer Revocable Trust, under Agreement dated November 17, 2015, COURTNEY BLUE Notary Public State of Minnesota 'lots My Commission Expires January 31, 2019 (SEAL) Name Printed: EXHIBIT A TO MEMORANDUM OF LEASE AND SOLAR EASEMENT Lessor Property One tract(s) in Washington County, Minnesota described as follows: Property ID: 12.027.21.12.0001 Deeded Acreage: 38.9 Legal Description: The Northwest Quarter of the Northeast Quarter (NW1/4 NEI/4), of Section Twelve (12), Township Twenty-seven (27) North, Range Twenty-one (21) West, according to the United States Government Survey thereof, Washington County, Minnesota, DRAFTED BY AND AFTER RECORDING RETURN DOCUMENTS TO: US SOLAR CORPORATION Real Estate Dept. 100 N. 61h St. Suite 2130 Minneapolis, MN 55403 612-299-1920 X 27 APPENDIX IV — RESPONSE TO ORDINANCE CRITERIA A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? Explain. Yes, the proposed use will conform with the City's Comprehensive Plan. One of the City' s goals is "Environmental Sustainability." Community solar advances this goal by providing a local source of clean energy. This application also meets all requirements of Zoning Ordinance 11-4-10: Solar Energy Systems. B. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. How does the proposed use fit these criteria? The City has identified a specific Solar Collector System Area for community solar gardens as part of its Ordinance and this application follows that approved use on this parcel. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. Both national and local property value studies have shown no impact on the value of properties located near community solar gardens. These sites operate without heavy traffic, loud noises or odors that would negatively impact property values. D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances. Explain effects of proposed use. The Community Solar Garden will not produce any of these nuisances. Please see the Logistics section on page 5 of our written narrative for more information on the construction process. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation Element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining properties. Explain the transportation needs for the proposed use. Construction is expected to last 3-4 months, with most deliveries in the first month. We expect no more than 20 deliveries total, with no more than 4 occurring in one day, to prevent any traffic congestion. Construction parking will be provided within the site. The solar garden will generate minimal traffic following construction. Approximately once per quarter, one vehicle with approximately two (authorized and insured) employees will be sent out to perform routine maintenance on the site, in addition to any unplanned maintenance. During the first few years, one vehicle with approximately two vegetation maintenance employees will visit the site a handful of times per year, to ensure the health of vegetation and landscaping. The proposed solar garden, once operational, requires no daily traffic F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. An unpaved access road will be built from the public road to the solar array. The site will not require any utilities and will have appropriate access for emergency responders. G. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. Justify this statement. The community solar garden will not use any public facilities and the City will not incur additional costs as part of the operation or decommissioning of the community solar garden. H. The use shall preserve and incorporate the site' s important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? Yes. USS Solar Meister will consider the existing natural features through the design and construction of the project. Please see the Landscape Screening Plan section on page 9 and the Vegetative Seeding and Fencing sections on page 10 of the Written Narrative for more information. I. The use shall cause minimal adverse environmental effects. List any effects. The USS Solar Meister community solar garden will not cause adverse environmental effects. Replacing the existing row crops in the project area with deep-rooted native pollinator -friendly plants will decrease stormwater runoff and create a native habitat for insects and animals, causing a positive environmental effect. J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. A community solar garden will have no impact on the development of adjacent land. K. The period(s) of time for which the Interim Conditional Use Permit is to be granted will terminate before any adverse effects are felt upon adjacent property. Acknowledged L. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. What measures are you intending to take to return the property to a suitable condition? Please see the Decommissioning Plan Section on page 15 of the Written Narrative. M. The use conforms to the zoning regulations. X Yes No N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? 30 years O. Permission of the use will not impose additional costs on the public. Are any additional public safety or public works personnel required? How do you intend to reimburse the City? No, additional public safety or public works personnel are not required. P. The user agrees to any conditions that the governing body deems appropriate for permission of the use. Yes USS SOLAR MEISTER LI- JANIU RY 51 2018 Cottage Crone =RECEV,,sperity Meet h1-FePride and COVER LETTER January 5, 2018 Community Development Department -Planning Division 12800 Ravine Parkway South Cottage Grove, MN 55016 RE: Variance Application and Written Explanation of Compliance with Criteria for Granting a Variance by USS Solar Meister LLC Dear City of Cottage Grove Planning Division, USS Solar Meister LLC ("USS Solar Meister") respectfully submits this request for a variance ("Variance Application") pursuant to City of Cottage Grove Zoning Ordinance 11-4-10 Solar Energy Systems (the "Ordinance") to vary Ordinance Section E (1)(a) to allow an Interim Use Permit ("IUP") application to construct and operate a 1 MW ground mounted community solar energy system to be located within 300' of property boundary lines boarding two other community solar systems. As set forth in further detail below, this Variance Application meets the criteria for granting a variance under Minnesota law, as set forth in Minnesota Statutes, Chapter 394 and further defined in Ordinance Section 2-3-1. Included with this letter as part of the Variance Application are the following: 1. Project Background 2. Variance Application Checklist for Compliance with MN Statues, Chapter 394 Section 2-3-1 3. Variance Application Details i. Appendix I — Variance Site Plan and Layout This letter provides a written explanation of how the Variance Application complies with the criteria for granting a variance under the Ordinance. Sincerely, Erica Forsman— Project Developer USS Solar Meister LLC 100 N 6th St., Suite 218C Minneapolis, MN 55403 W: (612) 337-1959 C: (952) 994-1757 E: erica.forsman@us-solar.com PROJECT BACKGROUND USS Solar Meister LLC ("USS Solar Meister") submitted an Interim Use Permit ("IUP") application to construct and operate a 1 MW ground mounted community solar energy system in conjunction with this Variance Application. USS Solar Meister LLC plans to develop and construct a 1 -megawatt (MW) Community Solar Garden on approximately 8.1 acres of a 38.9 -acre parcel at 11501 70 Street South, Cottage Grove, MN 55016, Parcel ID 163-1202721120001. The IUP application meets all Ordinance requirements and would locate the 8.1 acre community solar garden in approximately the middle of the parcel to meet the 300' setbacks required from neighboring property lines. The current neighboring parcels to the west and south are both large community solar gardens. An easement for the solar garden to the south, Cottage Grove CSG 1 LLC, runs along the western property line of the USS Solar Meister parcel to 70th St. If the City were to approve this Variance Application, the 8.1 acre community solar garden would be located in the southwest corner of the 38.9 acre parcel, bordering existing community solar gardens and existing solar easement. This new site location would double the distance from public rights-of-way and the neighboring residents to the east to over 600'. Additionally, it would allow the land owner to conserve more usable ag land on the parcel and better preserve the current aesthetic of the land. VARIANCE APPLICATION CHECKLIST Under the statute, variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. Minn.Stat. § 394.27, subd. 7 "Practical difficulties" in this context "means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Applying this statutory standard, the City of Cottage Grove requires in the Ordinance that the following factors be met for a variance to be issued: 1) granting of the variance will not be in conflict with the Comprehensive Plan; 2) exceptional, unique, or extraordinary circumstances apply to the property which do not generally apply to other properties in the same zoning district or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since the enactment of this Ordinance have had no control; 3) the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; 4) the special conditions or circumstances do not result from the actions of the applicant; 5) granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district; 6) the variance requested is the minimum variance which would alleviate the practical difficulty; 7) the variance would not be materially detrimental or will not essentially alter the character of the property in the same zoning district; and 8) economic considerations alone do not constitute practical difficulties. Each of these factors establishing that practical difficulties exist is addressed below. 1) Granting USS Solar Meister's Variance Application will not be in Conflict with the Comprehensive Plan. As recognized in Section A of the Ordinance, "[t]he City of Cottage Grove supports the use of solar energy systems in appropriate zoning districts within the City. The development of solar energy systems should be balanced with the protection of the public safety and the existing natural resources in Cottage Grove." By granting the Variance Application, the Commission's decision will clearly not be in conflict with the Comprehensive Plan, and to the contrary, will further the balanced development of solar energy systems with natural resources by preserving more usable agricultural land and moving the solar energy system further from public right-of-way and neighboring residents. 2) The Circumstances Surrounding the USS Solar Meister's IUP and Variance Application Represent Exceptional, Unique, and Extraordinary Circumstances. The need for a variance of the 300' setback restriction in Ordinance Section 11-4-10(E)(a) is due to circumstances that are exceptional, unique, and extraordinary to the USS Solar Meister project. The USS Solar Meister project parcel is directly bordered by two approved community solar gardens to the west and south. The community solar garden to the south, Cottage Grove CSG 1 LLC, has an existing easement that includes an access road for Xcel Energy running along the western property boundary. The purpose of the setback is to provide buffer from neighboring property owners and their current use of their property. In our situation, the neighbors to the west and south are community solar gardens and are unaffected by this variance. The neighboring residence and public right of way would benefit from this additional buffer. This is a parcel -specific set of circumstances that are unique to USS Solar Meister, and are unlikely to occur again. 3) Literal Interpretation of the Provisions of this Ordinance would Deprive the applicant and land owner of Rights Commonly Enjoyed by Others. If the 300' setback restriction in Ordinance Section 11-4-10(E)(a) is required and enforced, the land owner would be deprived the right to maximize the use and enjoyment of the remaining approximately 30 acres of tillable ag land for farming purposes. This setback variance would allow the land owner to continue farming a larger and more efficient 30 acre area. Furthermore, the land owner and applicant would be deprived the right of offering greater setbacks to our neighbors; specifically for both the community to enjoy along the public right of way and for the neighboring residence to enjoy from their home. 4) The Special Conditions and Circumstances Requiring a Variance in this Instance did not Result from the Actions of USS Solar Meister. USS Solar Meister did not develop the two community solar gardens located adjacent to this parcel and, therefore, did not create the special conditions that exist at this site. 5) Granting the Variance Application will not Confer any Special Privilege Denied to Other Land Owners. If the City grants the Variance Application, it would not be conferring a special privilege to USS Solar Meister that is denied to other landowners. As noted above, the circumstances under which the need for a variance arose are highly parcel -specific and unique to USS Solar Meister. The USS Solar Meister project is the first community solar garden project to apply under which the 300' setback restriction in Ordinance Section 11-4-10(E)(1)(a) has applied, and thus any privilege granted by a variance is not one that has been denied previously to other landowners. Looking forward, granting of the Variance Application does not set a precedent for general waiver of 300' setback. Instead, a parcel substantially similar to this Variance Application, with two neighboring solar gardens, would be required for an applicant to claim it should be extended the same privilege requested under the Variance Application, and, such a scenario is extremely unlikely to occur again because future projects are unlikely to be similarly -situated. Because the circumstances surrounding the USS Meister Application have not occurred previously and are unlikely to occur again, other landowners have not been, and will not be, in a position to be denied the same privilege conferred to USS Solar Meister. 6) USS Solar Meister is Requesting the Minimum Variance Necessary to elevate the practical difficulty. The Variance Application requests the minimum variance which would alleviate the practical difficulty and is requesting a waiver of only the 300' setback restriction in Section 11-4-10(E)(1)(a) along the western and southern property lines that are adjacent to other community solar gardens. The nearest solar panels would be more than 50' from the western and southern property lines, meeting the general accessory structure setback requirements in Section 11-4-10 of the Ordinance. By granting the Variance Application, the setbacks along the northern and eastern property lines would increase to over 600' and double the distance from the public right- of-way and neighboring residents. USS Solar Meister is not requesting waiver of any other requirements of the Ordinance. 7) Granting the Variance Application Would not be Materially Detrimental to or Essentially Alter the Character of the Property. The variance, if granted, will not alter the essential character of the property. In fact, if the variance is approved, it would provide a better setback for the public right-of-way and neighboring residencies. Additionally, the land owner would be able to continue farming more of the remaining parcel acreage to preserve agricultural land in the City. Thus, the USS Solar Meister Variance Application fits in with the character of the area. 8) The Practical Difficulties causing this Variance Application by USS Solar Meister are not due to Economic Considerations. The Variance Application and practical difficulties that serve as the basis for the Variance Application are not economic considerations. As described above, USS Solar Meister is submitting this Variance Application because of the unique circumstances surrounding this parcel and does not receive an economic benefit from the variance. CONCLUSION USS Solar Meister believes that unique circumstances of the project parcel call for approval of the Variance Application, and while USS Solar Meister acknowledges that the discretion to grant a variance rests with the City, denying the variance would cause unnecessary agricultural land to become unusable and would place a community solar garden closer to neighboring residents and public right -of ways. For the reasons described above, USS Solar Meister respectively requests that the City grant its Variance Application. APPENDIX 1 - VARIANCE SITE PLANS AND LAYOUTS OINVEMER (1vP. on61 OIq zc¢ENERDV GAcurt © LWOEPLIbUNDFE01UMWt—IEACGRCMTFPAMPOWEA6TAn0NTON6E0wtE OMNNe11EACCE88 Q�n.mroaoeru�waMFA.ammsEAANO DANoaFEPArmua6aEuswrtcH �] LEn•KC¢ENEPT'MAW SE1MfE METEAAx0Ac 01aCONNECfryEEEIao FOe OETAlUi1 OPoLEnDoI-uT: KK,eKTwO•. wu: mer 90ff[-teo waotiAusl-Ai lavonrANCE YmNIu OR GTAAODuSmoxsysTEM 1D 'KCFI ENQHIY O.wECPJPN)WCIION NEIEA 11 MMI—I SONE 12 CU6ro—..-xumr 13 —ON 14 m+mAx^waael 15 SYSTEMSPECINCATIONS BYBTEMelEOC roTALADDPFOA1E6Yb1EA1 .Ac DcrACRAno roTAL nnouu;ory wDUIrD PEAsmINo roiAl N0. oF8TNNG INN31iEA wDFl Ix+ErrtEnwnrm IM'tlITEN O�� siEFammwswRMm ePCNW roTN.No.TWc¢R Wcxs TNM rzMWMFS mrANaLE IMEM1AON'BPAQNO NTDH acR MF OCWPIm .eO hW rohVl IAaso —up-.U.—N. HGWBeUN0MDP8KR10 xn Kw aelMtuw.IMNA xE%iWDKE11 HeAT � 18,8' ux GENERAL NOTES 1. REFERi08WDU:lDIEOMOWMFOR DETNIb. 1 INeTAUA'110N ro CON4LYN11H Nm A1KAA11CLEeao ANOALL,wPuc.Ee�Locu. erAnsNlo NAnoNu. 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A- -ONO -1—N- 4 FIAtlAD NPM M.P WILLBEPRONOm IND GIWO THE IOGTONOFTHENgOM.'IpNAE1ERAND 0®GONxECT. 3�DET 1 VIEW OF POWER STATION SCALE:°=5' ..��. ,.ti. .. .. 70TH STREET SOUTH / 80.2' / 15.0' 722.6' \10.0' 25.0' 25.0' CSG POINT OF INTERCONNECTION SCALEI'=YA' EQUIPMENT WD TIONS AND DISTANCES LEGEND LOGnpN PotEK NEKOMCKEPrzMoouLEa NeAr RAol prr. oEeo) pp EOIAFMFMWGKoW.OFto-MHGNH9MY81AIN0—P 00� mMPMEMNICK ON'.OFM•IbNGWDf8YW 4101N01NVF.PiFA ll1 <DeA LIO FANEL Fl—al PDWERBTATDN-(1)AePI ]novA PANEU10N1D.lt)MJT KwRFER N)GB, III WFATNENaTATPJN O IE] KC¢FNERDYDNAHEAD FOtF9 QD INl unury wus lOEE EIm PoROETNtaI 19NIDEHIIEACCF38 aDAU _.—•_ --- ^•. _..•. -• — — IVYnoEIANoecAPesIrFFEn LLD.MmIUMwLiADEGau: oNEmIFAO MmunawLTADECARLE UKE 101YwLTAOEAC CABtE NIWEOf 81TEeFWNtt FFNCE 70TH STREET SOUTH / 80.2' / 15.0' 722.6' \10.0' 25.0' 25.0' CSG POINT OF INTERCONNECTION SCALEI'=YA' EQUIPMENT WD TIONS AND DISTANCES m t 111SEANCEMEfERINI'" LOGnpN PotEK Oe:TANCEiO O DISCONNE4T CWTOF4-A DxCONNECT PoIEK PoVAA arATroNM KEY NOiE tI AOUCDJf TI9 PAODIFTbN METEN PONERBTATIONI9EEKFY NOTED Iu6TAUENUesOtARCORPoMnON DDNIACT: REm NCHEW.ON ADDNaA' MUNEAwLs, My 55.m8teC. PHONE MP]80.980 � rRo.ECT: USS SOLAR MEISTER LLC SRC GRDEN SRC052769 ACCOUNT /: 11615184 FREwu k 30463865 PROJECT ..R- 11501 70TH STREET SOUTH, ;.OTTAGE GROVE, MN. 55016 LAT: 44.845461° LON: 432.871846' SHEET Tl— PRELIMINARY LAYOUT MAMNG NM: PV -100 AS SHOWN IU i �IL'25'.V ARRAY PLAN O Iu6TAUENUesOtARCORPoMnON DDNIACT: REm NCHEW.ON ADDNaA' MUNEAwLs, My 55.m8teC. PHONE MP]80.980 � rRo.ECT: USS SOLAR MEISTER LLC SRC GRDEN SRC052769 ACCOUNT /: 11615184 FREwu k 30463865 PROJECT ..R- 11501 70TH STREET SOUTH, ;.OTTAGE GROVE, MN. 55016 LAT: 44.845461° LON: 432.871846' SHEET Tl— PRELIMINARY LAYOUT MAMNG NM: PV -100 AS SHOWN 0 N W 6 Z 2 z LusTAI.IER. UaaO MAMMTDN C 1KMc—wcnERsoN Aooxasa. +oo nnamEEr. aimEaee. MNUEAPOUs, rM 53pA PHDNR et.]M.IDo t 70TH STREET SOUTH :. -- - - ,.- - -- ----- 70TH STREET SOUTH 70TH STREET SOUTH _ _ _ _ PR6kCT: USS SOLAR MEISTER LLC S -RC GARDEN ID #I I _ SRC052769 AXIDUNT e: 11615184 _ PROJECT SITE i # PRF]IIS[ 30463865 ll 501 70TH STREET SOL)TH. PPQffCT ADDRESS COTTAGE GROVE, MN, 55016 * LAT: 44.845461' LON: 82871648' 2 Lu Z —ET TITLE. z Z .i 2 '• PRELIMINARY LAYOUT r s' DRAWING ND.: PV -101 15 • . " •� DflAWN BY: LR REMEWEp BY: 1 SITE LOCATION DATE: arson scALE r =zaa scaE: AS SHOWN February 20, 2018 Lyle and Cheryl Kohls 11825-701h Street South Cottage Grove, MN 55016 Cheryl: 651-335-4907 Lyle: 612-868-7683 f RECEIVED FEB 2 0 2018 Attention: City of Cottage Grove Planning Commissioners CIT' OF COTTAGE GROVE We have been contacted by Erica Forsman of U.S. Solar stating that they wish to install a solar site on the 40 acre property directly west of one of our two 40 acre parcels. This particular site is next to where we have our home and along the highway to the north. We were also recently notified by city staff of this upcoming meeting. We would like to start with a little history. Our 80 acres have been in the Kohls family for many generations. We have photos of Lyle's grandparents farming this land and there are many valued family memories associated with it. We have lived on the farm for 37 years and raised our family on this land. Our intent for most of those years was to hand it down to the next generation. However, that prospect isn't as attractive today as it was even five years ago. About two years ago Ecoplexus approached us about leasing 40 acres of our land. We turned them down. They came to an agreement with another landowner for the 40 acres directly west of our southern parcel. Prior to them starting construction, Cheryl and Ecoplexus had a verbal agreement on what we wanted for landscaping to shield our land from that site. It was discussed and agreed to that they would have plantings similar to what we have around our homesite (three rows of a mix of evergreens, oaks or maples, lilacs and crab apples). They came in this past summer and did the actual construction of the site and finished up this fall with the landscaping. We have a single row of sumac. We are not happy. Mr. McCool did send me a copy of the landscape plan this fall that was evidently included with the project when it was approved and it does, in fact, say sumac. We feel that there was some "bait and switch" happening on the part of Ecoplexus and has left us with a bad taste in our mouth with regard to solar installations. Next, we see another solar site going in on the 40 acre property directly west of the site that you are considering tonight. Between the two projects, we have had our entire 2017 summer of constant banging and driving in of the posts for each solar unit. It went on pretty much from sun up to sun down seven days a week. About two years ago, Denmark Township approved Gertens to operate a compost site across the highway and directly east of us. This site used to be Buell's nursery and were good neighbors. Now we have back-up alarms constantly going, trucks hauling back and forth, loader buckets rattling, and dirt and junk in the air blowing over to us seven days a week. While I realize that this isn't a Cottage Grove issue, it has put us in the middle of a commercial, for profit area. We are zoned agricultural. We did not find out that the entire eastern edge of Cottage Grove was designated a "solar collection site" until recently. It was pointed out to us that it was first presented in 2015 and passed by the Council on October 7, 2016. The onus is evidently on citizens to check the city website for all commission and city council meeting agendas and to determine if there is anything of importance to them. We missed it, as I'm sure every other property owner in this zone has done. We look at this area as having some of the best farm land in Washington County (maybe even the state) and is a waste of a valuable resource to fill it with solar panels. While solar energy is portrayed as a great resource, we also view farm land as such. Once the construction takes place, even if you pull out the panels a few years from now, the farm land will never be as productive as it was. The damage is beyond repair. Now, to the crux of the U.S. Solar issue before you. We have met with Ms. Forsman and she has reviewed their plan with us and why they feel that an approval of the variance to put the 10 acres or so in the southwest corner of the parcel makes the most sense. As we understand it, if they follow all of the setback rules, it puts the ten acre solar site smack in the middle of the 40 acre parcel. This makes farming of the remaining 30 acres more difficult, it causes another road to need to be constructed and it makes it stand out visually as it would be seen from the highway and from our house. We do not disagree with the variance. It makes perfect sense to us to have it in the southwest corner of the plat. However, if by allowing the variance leaves the remaining 30 acres open for even more solar companies to come in and fill it, we are absolutely opposed to allowing the variance. We support the variance provided the city put a moratorium on future solar panels being allowed on the remaining 30 acres. If the city is not willing to do this, we prefer that the site go right in the middle because no other company could meet all legal setbacks and construct another 10 acre solar site on this land. Also, we have discussed landscaping and Ms. Forsman has provided us with a landscape plan that could meet our approval. Their original plan was for a single row of arborvitae and dogwood but then showed us a plan with viburnum and elderberry in two rows. We prefer that evergreens be planted so that there is screening during the winter months. A concern that we do have is that any grasses or trees and bushes must be maintained in such a way that any plantings that die will be replaced immediately upon noticing it. We want to be sure that something is written in the variance or conditional use permit that states that somebody is treating the site for weeds and are controlling them. Also, who is ensuring that the site is being maintained (weeds, fence breaks, dead plantings, no vandalism, etc.)? Another issue is the road access. We look at the sites that are there today and just shake our heads that there are two current sites and each has road access within feet of each other. It's silly. There should be one road access for all of these sites. We would prefer to minimize the noise as much as possible by not allowing construction of any sort between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday. People in town around these solar sites need at least one day a week to enjoy some peace and quiet. In a nutshell, we support the variance allowing U.S. Solar to put the panels in the southwest corner for the 40 acre plant provided that 0 no other solar panels can be installed on that site in the future , • that the landscape plan be approved if it involves two rows of a minimum 10-15 foot plantings that includes evergreens for year round natural screening, • there is no other road constructed, • no construction activities will take place after 7:00 at night or before 7:00 in the morning, • somebody is responsible for the plantings and weed maintenance for the term that these solar panels are on this site. We as a community need to start setting a precedent for these solar companies to be better neighbors. If you look at the potential acres that the city has identified as available for solar farms, it could be huge and next to very high-end rural estates. Make them do it right. Our land has become surrounded by commercial, for profit businesses without any rezoning taking place. We are now forced to look out from our property and ask, "Is this what we signed up for? Is this what we want to leave our children and grandchildren?" Solar sounds like it's the right thing to do and we should all support alternative energy sources. However, when you stand on the road and look out over acre upon acre of solar panels, you see an industrial site. This view most definitely has, and will continue to have an impact on our property value. Who would want to build a high-end home with views such as this? We are asking you tonight to please do your best to minimize even more impact on US. Respectfully submitted for your consideration, Lyle and Cheryl Kohls