ALTON POST OFFICE SOLAR, LLCFutureLaw, L.L.C. Attorneys at Law Arrington Building John G. “Chip” Dicks 1802 Bayberry Court Roger G. Bowers Suite 403 Richmond, Virginia 23226 Telephone: (804) 225-5506 www. futurelaw.net Barrie B. Bowers October 3, 2017 BY HAND Halifax County Planning and Zoning 1030 Cowford Road, Suite LL1 P. O. Box 699 Halifax, Virginia 24558 Attn: Mr. Detrick Easley Detrick Easlev@co halifax.va.us Roger G. Bowers Direct Dial: (804) 726-2400 Direct Facsimile: (804) 726-2410 E-Mail: bowers @futurelaw.net Application for Conditional Use Permit for Large Scale Solar Energy Fa lity Alton Post Office Road (the “Property” Enclosed please find the following in connection with our Application for Conditional Use Permit for a Large Scale Solar Energy Facility, to be located on he Property: Dear Detrick: Adjoining Property Owners’ List; Project Narrative and enclosures, as follows: vaene Land Use Application for Conditional Use Permit, signed by the Owners; Special Power of Attomey for Land Use Matters, signed by the Owners; Check in the amount of $500, in payment of the Application Fee; ~ Proposed Preliminary Site Plan (three (3) 11 X 17 copies; see question below regarding full-size prints); + Proposed Decommissioning Plan Procedure with Surety; ~ Redacted pertinent pages from executed Option and Lease Agreement, as amended; 5 Management Summary of Circa - Cultural Resource Management, LLC: and 6 Copy of VDOT Access Confirmation from Joe Craddock. Please advise if you would like us to submit ful ize (24” X 36”) prints of the Preliminary Site Plan (and if so, how many) and we will have these delictoed direetly to your ofc by Timmons Group via express delivery. We can also provide Adobe electocie copies of any document upon request.FutureLaw, L.L.c. Halifax County Planning and Zoning October 3, 2017 Page 2 Once you have the opportunity to review the enclosed documents, if there are any Questions, please feel free to give me a call to discuss, We look forward to working with you on these Applications Very truly yours, Roger G. Bowers Enclosures ec: Alton Post Office Solar, LLCFUTURELAW, L.L.C. BANK OF AMERICA, NA. 1410 Escrow ACCOUNT neratcne ok ‘goa BaYReMAY Cr STE doo eibi0 RICHMOND, VA S326 509 0926/2017 BARIOTHE County of Halifax 1 3 ~s00.00 Five hundred and 00/100" Ear ee ET ‘County of Halifax MEMO "OO RL OM 1; S4000027 OOWL292 22350 FUTURELAW, LLC. /1802 BAYBERRY CT/ STE 403 / RICHM: 1OND, VA 23226-5773 / (804) 225-5508, 09/26/2017 County of Halifax 1410 Filing Fee, 500.00 Btn fosr Office Roak ~ CUP Cyphivrhind Escrow Account 500.00Allen HALIFAX COUNTY PLANNING COMMISSION COUNTY ADMINISTRATION BUILDING 1030 COWFORD RD, SUITE LL1 P. 0. BOX 699 HALIFAX, VIRGINIA 24558 Telephone: (434) 476-3300 Fax: DATE FILED:_10\31 7] ELECTION DISTRICT #_6 COUNTY OF HALIFAX, VIRGINIA LAND USE APPLICATION Rezoning X_Conditional Use Permit Apolicant:—Alion Past OffseSolan LLC Address & Telephone: clo FutureLaw. LLC. 1802 Bayberry Court, Suite 403 Richmond, Virginia 23226 804-726-2402 Se Current Zoning Classification: Acl Proposed Zoning Classification: __A-1 ees a eee nein ere Proposed Use: —HameScale Solar Energy Facility County Code Section: EUS throweh S36 Location: Street Address: Notassigned: located between 2206 and 4114 Alton Post Office Road Number: —Route711-Alton Post Office Road Nearest Intersection: Alton Post Office Rd & Hendricks Road Distance and Direction from Intersection: -C_ Approx, one-quarter Side of Road (North, South, East or West): —G) South: and (2) North7. Size of Parcel: _Approximately 502 acres.as follows; PRN #31245 ~5.44 acres-¥ PRN# 31246 — 1.49 acres PRN# 24773 — 204.31 acres PRN# 24769 — 87.66 acres PRN# 25131 — 106.66 acres PRN¢# 23785 - 96 acres 8. Size of Proposed Use Area: _ Approximately 502 acres 9. Property Owner (If different from #1): Helen T. Thomason, Ginger R. Tulloh and_ Deborah T. Allen 10. Property Owner Address: Alton, VA 24520 11. Deed Book 783, page 691 and Deed Book 413, page 706 12. Parcel Record Number (PRN):_See above, 13: Water, Supply (Type): INAS ss Sewage Disposal (Type): _N/A Approved by Health Department: Approved by Municipality: I certify that the information contained in and submitted with this Application is true and accurate to the best of my knowledge and belief. lzf1 [tb eo Date raturé of Applicant fA-/2-/@ Date ‘Signature of Property Owner 12- 12- Ilo Ke 4h Ans Date Signatarear Prepe tiee I-/9-16 Date~~ URBANGRID PROJECT NARRATIVE CUP #2017-_ Alton Post Office Solar, LLC (October 3, 2017) PROPERTY AND ZONING: The Applicant, Alton Post Office Solar, LLC is owned by Urban Grid Solar Projects, and seeks to install an up to Photovoltaic solar electric energy ‘generating facility for electrical energy generation (the “Project") located in two areas west of Alton along Alton Post Office Road (Route 711). The South Portion is on the south side of Alton Post Office Road east of its intersection with Hendricks Road (Route 768). The North Portion is on the north side of Alton Post Office Road east of its intersection with Mt Carmel Road (Route 699). ‘The Project will be installed in secured areas totaling approximately 502 acres currently leased from the owners, Helen T. Thomason, Ginger R. Tulloh and Deborah T. Allen. ‘The abandoned structures on the South Portion will be removed prior to the installation of the solar facility. The life estate residence, the two acre curtilage and its access road within the North Portion will not be part of the Project site. The property is in the A-1, Agricultural zone, The Surrounding properties are primarily undeveloped with several residences along Alton Post Road and Hendricks Road. The Project will be a Large Scale Solar Energy Facility use requiring a Conditional Use Permit. THE PROJECT: The Project isa solar photovoltaic electric power generating facility. ‘The Project will most likely have a combination of tracker and fixed tilt panel systems. ‘Tracker systems consist of north to south oriented racks of solar panel arrays mounted on posts. ‘The racks rotate from east to west during the course of the day to track the sun. Fixed tlt systems consist of generally east to west racks of solar panel arrays on post mounted racks at a fixed angle oriented {0 collect the maximum amount of sunlight. The photovoltaic panels themselves on both systems are coated to absorb (not reflect) sunlight. The arrays connect with underground wiring to equipment cases containing power inverters which convert the solar DC energy and to AC clectrical power. Then, thet AC electrical power is sent through underground wires to the interconnection point or substation. An overhead distribution line will connect the two portions of the site through a private easement or along Alton Post Office Road The Project will not have any significant visual impact off-site. ‘The solar arrays and the inverters are all under twenty feet in height. The solar arrays and the inverters will be fully screened from road rights-of-way and adjacent residential properties by retaining existing vegetation supplemented as necessary with additional plantings, such that the solar panels should not be visible from outside of the facility. Access to both portions of the facility will be fiom Alton Post Office Road. Construction will be limited to the hours between sunup and sundown, ‘There will be no daily traffic to the site during commercial operations. The Project will be designed to recharge all storm water into the soil on site, Throughout the facility and under the panel arrays, the ground will remain permeable to allow water to soak down into the soil. With these installations, the Project is expected to provide storm water mitigation capabilities on site that match or exceed those associated with the current use. Impermeable acesae URBANGRID Will consist of only those areas where mounting posts are inserted into the ground, and the pads ppon which inverters and substation equipment are located, and within the Project are estimated to be well under five percent of the site. This solar energy collection technology is proven to be safe and reliable. The solar panels are Gesigned and built to collect and absorb just as much sunlight as possible. As shown on the enclosed Preliminary Site Plan, the Project is arranged in roughly six clusters across the two Portions of the site due to wetlands and topography. Throughout the Project areas underneath the Solar arrays will be planted in a dense meadow grass mix using native pollinator plantings where appropriate. After the solar facility is removed (see Decommissioning discussion below and the enclosed Decommissioning Plan Procedure document) the Property may be retumed to timber, hunting or farming without any residual effects to the land. The Project does not consume any material to generate power and produces no emissions, Sreenhouse gases or waste products from operations. It is a quiet, passive odorless operation that ‘Supplies constant and dependable clean renewable energy for many years. At peak output, this facility is expected to generate power equivalent to that needed to supply approximately 1.990 households with electricity. The power will be placed on the electric power grid that serves the immediate area and the Mid-Atlantic U.S. region. Thus, the Project itself will nt impair air or Water quality, and will have minimal or no visual affect. The Project will however provide sustainable clean electricity generation using renewable solar energy without producing any greenhouse gases or depleting limited natural resources. BENEFITS TO HALIFAX COUNTY: This Project provides many benefits to Halifax County To start with, it does not deplete any water resources or require costly sanitary sewer or other utility infrastructure. It is not a permanent conversion of undeveloped land or increase demand on the County schools. The Project will generate significant increased tax revenue with little or no burden, It strengthens and adds to the capacity of the electrical grid adding to and diversifying sources of electricity. A solar facility does not require significant County services. This Project will provide jobs, tax revenue and other economic opportunity as explained in more detail below. Tax Payments to Halifax County. Currently, this property is taxed as unimproved (the land value). When the Project is installed, that land value will increase (an estimated two to four times) based upon its use as a solar facility. The taxation on land value is paid in full o the County by the Project. In addition, because the Project will produce over 20 megawatts of AC ower, it will also pay a pro-rated portion (20%) of the annual equipment tax on all installed electrical generation equipment at the County's real estate tax rate. Ay the region an estimated | $4 00, installation activities for this 80 megawatt Project. With this investment, the additional tax revenue to Halifax County will be significant. Local Economic Opportunity. The Project will employ several hundred workers during Construction, We will help local businesses be positioned to capitalize on this opportunity, We Will work with Halifax County to hold an informational event where local businesses ean learn~~ URBANGRID ‘more about these opportunities. Opportunities that will range from contractor positions for electrical, general labor, site work and landscaping to an economic boom for fencing and landscape companies, equipment suppliers, lodging and food vendors, and others. These clectrical civil, site and other contractors will be encouraged to hire local workers. The largest Jeb opportunities will be during construction, After installation, the Project will require a imited amount of ongoing operations and maintenance work that can produce local jobs for local contractors. Investment in Halifax County. Although itis a soft economic benefit, the media coverage and “branding” associated with solar facilities can be significant. There is cleatly a new renewable energy economy emerging in the Commonwealth. Many companies are looking to find fommunities that support renewable energy development. With this Project, Halifax County can be one of the leaders in this area. There are both macro and micro level benefits. One of the broadest reaching benefits isthe use of renewable solar energy to produce electricity without extracting valuable natural resources or dependence on foreign raw materials. ‘This solar energy Beneration facility is installed ata fixed cost investment that provides @ reliable stable electricity Source for many years without the need for significant reinvestment, Our regional electricity generation capacity is sustainably increased with the resultant economic improvements and without harmfal environmental side effects. THE COMPANY: Applicant is part of Urban Grid Solar Projets, the utility scale development arm of Urban Grid. A Virginia company, Urban Grid is a leading developer of solar facilities in the Mid-Atlantic Region, with extensive solar project development expertise. Urban Grid delivers solar energy projects that maximize value while delivering a vital source of clean, renewable energy that will help shape the diversified electric grid of the future. Urban Grid isa privately owned renewable energy company that has been developing and installing solar facilities for seven years in Virginia, Maryland, Delaware and across the country. Urban Grid and its partners have suocessfully designed and have in operation 290 megawatts of solar energy projets globally and have 1400 megawatts in development in the Mid-Atlantic. They are very experienced in the development of renewable energy projects, and bring that experience and lessons learned to implement a successful Project here in Halifax County. Applicant, or its successor shall be the facility owner. REGULATORY/APPROVAL PROCESS: The Halifix County land use approval is the first of three primary regulatory use approvals for this Project that are in addition to many other construction and permitting review and approvals required: (1) Land Use Approval - Halifax County (2) Electrical Grid Interconnection — PJM Interconnection Grid (3)__ Renewable Energy “Permit by Rule” — Commonwealth of Virginia, Department of Environmental Quality Land Use Approval ~ Halifix County. This Application is our request for a Conditional Use Perit for the Project, The Conditional Use Permit is the fist regulatory approval Applicant mustwe URBANGRID receive to move forward with the Project. Below, we discuss Halifax County's specific Zoning and Conditional Use Permit requirements and how this Project meets those requirements. We also explain why this Project works well on this site and is compatible with the Halifax County Comprehensive Plan. Electrical Grid PJM Interconnection. Another regulatory approval required for this Project is approval for interconnection with the PIM Regional Power Grid (“PJM”). PIM manages the interstate electric power transmission grid that covers an area of 62 million consumers. PIM assures safety, reliability, and effective power procurement for utility and wholesale electricity users. One of the key factors in selecting this location for the Project was identifying an optimal location on the electrical power grid to input electrical power. In October 2016, Applicant ‘submitted its initial application with PIM and has secured a senior position in PJM queue number ACI-224. It has already received a successful Feasibility Report, and submitted the second level System Impact Study in June 2017. The Project is well into the multiple-stage (and multi-year) Process of electrical grid interconnection studies administered by PJM to confirm that it is feasible in this location, Applicant has already made significant investment in engineering and design studies pursuing a successful Facilities Study that will allow it to capitalize on its senior interconnection rights at this location on the electrical grid, Renewable Energy “Permit by Rule” Commonwealth of Virginia. A third regulatory approval for this Project is the Permit by Rule process administered by the Virginia Department of Environmental Quality (DEQ), who coordinates among the applicable state agencies, primarily Department of Game and Inland Fisheries (DGIF), the Department of Conservation and Recreation (DCR), the Department of Historic Resources (DCR), Department of Mines Minerals and Energy (DMME) and the State Corporation Commission (SCC). ‘The PBR Process focuses heavily on evaluating impacts to natural and cultural resources and reviews the Project capacity and interconnection. PLANNING AND ZONING: The Project will be located in aA, Agricultural zone, ‘The Project is compatible and in accord with the Halifax County Comprehensive Plan. It will meet and comply with the requirements of the new Solar Energy Facilities Article and other applicable Provisions of the Halifax County Zoning Ordinance, as discussed in more detail below. Compliance with Comprehensive Plan: Halifax County's recently updated Comprehensive Plan sets the general goals and implementation strategies to guide the management of resources and foture physical development. A noted discussion point is to promote the development of renewable energy resources, such as properly sited and developed solar facilities in the A-1 zoning district to ensure the availability of an adequate supply of energy resources in a manner consistent with the Commonwealth Energy Policy and the Comprehensive Plan. Emphasis is placed on broaden the tax base and increase local employment opportunities while discouraging subdivision of larger parcels that has contributed to suburbanization, Within the traditional agricultural and timber lands itis recognized that new markets and new products need to be developed that preserve natural resources while retaining the larger land units needed to preserve rural character. A specific Strategy under Policy PFS2 of the Implementation Matrix call for theee URBANGRID Proper siting and development of new energy generation facilities, including facilities that srnetate electricity from solar resources. The Plan recognizes Halifax County's leadership in the clectrical generation arena, with the resultant increases in employment and tax base from this industry. Solar energy generation is a passive use that harvests the sun’s light energy without producing any residual waste, Therefore, there are litle or no impacts from this development to the immediate neighbors and their uses. Furthermore, solar energy facilities neither extract from nor Hrenetaito the ground any pollutants or by-products, This use is an important new way to utilize Furthermore itis in keeping with the rural character by its passive nature. It generates ile ce ng traffic and has no physical presence outside of its boundaries, all while providing an economic Tetum. The Project will have no adverse impact to its neighborhood and is not a permanent phange to the physical attributes and character of the land. Applicant has conducted the enclosed historical resource review to confirm that the Project will not negatively impact any histowteal SESS on site. The Project will be subject to buffering and vegetation standards o shield any {isual impact to the adjacent historie home. Applicant looks to bring the Project to Halifur County to further sound planning that has made the County an ideal place to live and work ‘Suitability in Accord Determination: ‘The newly updated Halifax County Comprehensive Plan specifically calls for the promotion and development of properly sited and developed renewable energy resources in the A-1 zoning district such as solar facilities like the Project. As such the Project isin accord with the Comprehensive Plan. Applicant asks the Planning Commiscion ta its consideration of this Conditional Use Permit Application to consider that this Project is suitable and in accord with the Comprehensive Plan, and if so, make that determination in seperate formal motion documenting this suitability in accord determination concurrent with i Tecommendation as to the Conditional Use Permit. Zoning District: The A-1 district is established for portions of the County occupied by various ‘open uses and to facilitate and agricultural operations, conservation of water and other naturel Tesourees, reducing soil erosion, protecting wetersheds and reducing hazards from flood and fire. Uses must be consistent with the existing character ofthe district. Solar use conserves water and hatural resources, using only the renewable energy source of the Sun. It also preserves large Parcels without permanent loss of agricultural capacity. This preservation ultimately contributes fo the rural character and heritage of the community, and serves to enhance the working-and- jiving landscape in perpetuity. In addition, while preserving the rural heritage is critical, iis also important to enable each landowner with the ability to make a reasonable economic return from the use of their land Applicant believes that this Project is consistent with the existing rural agricultural character of this community. While not traditional agricultural, solar array panels are spread over the fields like mature crops harvesting the sun's light. Instead of growing vegetables which ereate stored= URBANGRID calories for our consumption, solar generation creates electrical energy tha is used through the Public utility grid. Solar energy collection and electricity generation from that collection uses and promotes green infrastructure as an alternative agricultural practice that preserve rural character and preserve fragile water and soil resources. The long-term passive harvesting of the sun’s light energy preserves our limited natural resources and reduces our dependence on fossil and nuclear power generation. Solar energy generation can provide quality development that Provides economic retums to Halifax landowners and workers while enhancing and promoting community livability, prosperity and pride. Solar Energy Facilities Ordinance (Article V.I1. of Chapter 53 of the Zoning Ordinance) and Gonditional Use Permit: Applicant thanks Halifax County fr its adoption ofthe recent Zoning Ordinance Amendment addressing Solar Energy Facilities to promote safe, effective and fficient use of such facilities, Applicant qualifies as a Larger Scale Solar Energy Facility and shall comply with the Ordinance provisions. Specifically, this Narrative provides requested information. The enclosed Preliminary Plan provides additional spatial Project information which shall be supplemented by detailed plans for landscaping, erosion and sediment control and Storm water, among other items after regulatory approvals are obtained and detailed design and construction permitting is undertaken. Decommissioning is discussed below and in the enclosed Decommissioning Plan Procedure that Applicant proposes to be developed at the time of construction permitting through a CUP conditi nt Place during construction, operation and decommissioning. Applicant stands ready to prepare and submit such additional information as may be deemed relevant and to comply with all requirements of the Conditions of the Conditional Use Permit. The Project shall comply with the location, appearance and operation requirements of the Ordinance, including, (}) demonstrating siting and mitigation to minimize visual impacts, (i) utilization of anti-glare and anti-reflective technologies, iii) compliance with applicable sign and noise ordinances, (iv) specific requirements as to setback, fencing, vegetative buffer, use of pollinator ftiendly native plants, height, lighting, density and location. In addition, the Project Shall comply with all other applicable federal, state and local requirements, and the Applicant shall respond to such additional considerations as may be requested by the County. We feel that this Application is in harmony with the purposes of the District. This Project and the Conditions developed through the Conditional Use Permit process will mitigate adverse impact on the neighborhood and community. Specifically, by retaining and enhancing existing boundary ‘vegetation and installing new landscape vegetation where needed within the required setback areas adjacent to public ways and other property lines, Applicant will screen and minimize aesthetic impacts from this installation. By planting pollinator friendly groundcover in Project areas and buffers, soil loss and dust generation will be minimized and this area will be good for wildlife. Storm water retention facilities will be installed to meet and are expected to execed storm water management goals. Given these specific additions and more generally due to its passive nature, we feel this use will enhance the neighborhood. Solar energy facilities neither extract from nor insert into the groundoS URBANGRID any pollutants or by-products. Solar panels are constructed to absorb as much of the sun’s light as possible, and allow very little or no glare or glint light energy to reflect from their surfaces Similarly, the photovoltaic cells absorb energy and have little or no electromagnetic or audible output. The DC to AC power inverters may produce a slight hum associated with some electrical equipment, but these inverters are enclosed in cabinets and installed on the interior of the site They will not be audible off-site. Allin all, for the reasons stated this Project will have minirnal oF no adverse impact to the surrounding neighborhood and community and the proposed Conditions will provide adequate mitigation of any effects. CONSTRUCTION: Applicant proposes to limit its activities during the construction and installation phase to the hours between sunrise and sunset. Overall, construction of the facility will most likely be done within six to nine months, with some weather dependency. Energy from this facility will be transferred to the electric grid through the existing substation adjacent to the site or one or more new substations on site that are adjacent to the existing transmission lines that traverse the site. The substation construction, if required, may take twelve months or more as it must be coordinated with the utility and may be started in advance of general construction on this site. Details of this scheduling and a more detailed construction plan will be submitted when installation contractors are selected with the construction permitting applications for this Project. ‘The construction process is very simple and moves fast. It isthe expectation that the Project will be under construction in 2019 and be ready to go into commercial operation in late 2019 or 2020. The size and capacity of specific solar panels varies greatly and technology is rapidly changing as this industry matures. Thus, it is hard to estimate the number of panels for the facility as a whole, Due to setbacks, buffers, wetlands, topography and other factors, the actual acres where solar Panels are installed, for these purposes called solar acres, will be less than the total acreage of the Property. Not all acres within the Project are solar acres. Estimates for panels are based on rules of thumb that call for 600 panels per solar acre for tracker systems and 900 panels per acre for fixed tlt systems, ‘There will be approximately 32 or so inverter cabinets within the facility Finally, the switches and breakers associated with interconnection are typically pole mounted ‘adjacent to substations and distribution and transmission lines, Substation equipment height shall be consistent with such equipment existing in other substations along the crossing transmission line. DECOMMISSIONING WITH SURETY: Enclosed herewith Applicant provides the Decommissioning Plan Procedure document to control decommissioning responsibilities. This Plan is similar to plans approved in other Virginia localities. The Decommissioning Plan Procedure sets forth details for equipment removal, hauling, disposal, salvage, land restoration, an engineering cost estimate (including renewal of that estimate every ten years) and the process for implementation. SUMMARY: This property is well suited for a solar generation facility. Like the timber use that preceded it, solar generation is a long term use that harvests the sun’s light energy and hamesses this for our consumption. Solar electricity generation uses the renewable energy ftom sunlight to Produce electricity without harmful emissions, sights, sounds or other impacts. The Project doeseS URBAN GRID ‘ot require any additional infrastructure investment in roads or services by the County. It will increase the County’s tax base and local employment opportunities, while maintaining the County's rural character. Applicant respectfully requests that the Project be found to be suitable and in accord with the Comprehensive Plan and favorable consideration of this Conditional Use Permit Application by Staff, the Planning Commission, and the Board of Supervisors. (KE Roger Bowers, FutureLaw on behalf of Applicant Enclosures Proposed Preliminary Site Plan Proposed Decommissioning Plan Procedure with Surety Redacted pertinent pages from executed Site Control document Management Summary of Circa ~ Cultural Resource Management, LLC12/11/2016 22:84 14345724935 BURNETT & SNEED Page 16/11 Prepared by FuturcLavy, LC. 1802 Baybery Court, Suite 403 Richmond, Virginie. 23226 Attn: Roger Gi. Bowers, Fsq, 800.726.2400 SPECIAL POWER OF ATTORNEY FOR LAND USE MATTERS 1 the undersigned, hereby make, constitute and appoint, the following attomeys at FutueLaw,LLAC.: Roger G. Bowers, John G. “Chip” Dicks and Barrios Bowers, es my Sus ad lf atoney-in-fact, for me, in my name, place and steed, to execute any and all documents required to be executed ond submitted by me in espect 1 the Land Us Searing those certain parcels of land located on Alton Post Oifice Road, identifcd ‘containing accordance with this special power of attorney. IN WITNESS WHEREOF, I have hereunto set my hand and sealas ofthis IQ day of December, 2016, (SEAL) Deborah T. Alien STATE/COMMONWEALTH oF Ving wna _, crrvicounry or Na\\kax to-wit: The foregoing instrument was acknowledged before me this Jed_ day of December, 2016, by Deborah T. Allen,12/11/2016 22:04 14345724935 BURNETT & SNEED PAGE 4 ie : ‘Notary Public My Commission expires: Apeoih 2ydel9 Registration No,: Z S. Gl oO [PLEASE AFFIX ORIGINAL STAMP OR SEAL} un REG. #7612810 wy cousin am ad12/11/2616 22:04 14345724895 BURNETT & SNEED PAGE 02/11 Prepared by FurnreLew, LLC. 1802 Bayberry Coun, Suite 403 Richmond, Viginie 23226 Aun; Roger G. Bowers, Esq, 1498) 226-2400 ‘SPECIAL POWER OF ATTORNEY FOR LAND USE MATTERS 1, the undersigned, hereby make, constitute and appoint, the following attorneys at FutureLew, LL.C.: Roger G. Bowers, Jobn G. “Chip” Dicks and Barrie B. Bowers, as my Fae snd lewfol attorey-in-fact, for me, in my name, place and stead, fo execute any snd cit documents required to be executed and submitted by me in respect to the Land Use ‘Application {The right, powers, and authority ofthis attorney-in-fact herein granted shall commence and be in fll force and effect on December 1, 2036, and shall remain in fll foree and effan Poreafter until actual notice, by certified mail, return receipt requested is received by the painning and Zoning Administrator of Halifax County stating that the terms of this power have been revoked or modified. This special power of attorney shall not terminate upon ing becoming disabled, incompetent, or incapacitated, and all power and authority granted hereunder to cary Arcane in-fict notwithstanding that I may subsequently become disabled, incompetent, or incapacitated. IN WITNESS WHEREOF, I have henpunto set my bend and seal as of this (2 day of December, 2016. STATE/COMMON WEALTH OF ita ia2Q crryicounty oF Na\ Fay to-wit: ‘The foregoing instrument wi 2016, by Ginger R. Tulloh.12/11/2816 22:64 14345724935 BURNETT & SNEED ‘My Commission expires: Apa! Se. 2SF1AGIO. [PLEASE AFFIX ORIGINAL STAMP OR SEAL] Registration Ni12/11/2016 22:04 14345724995 BURNETT @ SNEED PAGE 09/11 Prepared by Future, Lic. 1802 Brybeny Court, Suite 403, Richmond, Virginia 23226 ‘Attn: Roger G. Bowers, Esq, 800) 726-2409 SPECIAL POWER OF ATTORNEY FOR LAND USE MATTERS 1 the undersigned, hereby make, constitute and appoint, the following attomeys at FutmeLaw; LL.C.: Roger G. Bowers, John G. “Chip” Dicks and Barrie B. Bowers, as my ine and lawful attorney-in-fact, for me, in my name, place and stead, to execute any tnd all approximately 299 acres and identified as PRN 3124S, PRN 31246, PRN'24773 and PRN wes (the “Property” located in Alton, Virznis, of which I am an owner, as Imight or could ds if Bcting personally. I hereby ratify and confirm all lawful acts done by said attoraey-tn-fore accordance with this special power af stiomey, ‘The right, powers, end authority of this attomey-in-fact herein granted shal! commence and bein fll force and effect on December 1, 2016, and shall remain in fll force ana coho thereafter until actual notice, by certified mail, retum receipt requested is received bythe Planning end Zoning Administrator of Halifex County stating that the terms of this power have teen revoked or modified. This special power of attorey shall not terminate upon ay becomes, disabled, incompetent, or incapacitated, and all power and authority granted hereunder to seve attomey-in-fhct notwithstanding that | may subsequently become disabled, incompetent incapacitated. IN WITNESS WHEREOF, Ihave hereunto set my hand and seal as ofthis [2 day of December, 2016. Z as ‘Helen T. Thomason STATE/COMMONWEALTH OF |/i¢gin CITY/COUNTY OF Yat: ka ¥ tot ‘The foregoing instrament was acknowledged before me this 1A day of December, 2016, by Helen T, Thomason,12/11/2016 22:04 14945724995 BURNETT & SNEED My Commission expires:Apal oda. RegistrationNo:_7SIAGI0_. [PLEASE AFFIX ORIGINAL STAMP OR SEAL] PAGE @9/11ADJOINING PROPERTY OWNERS Name: 1, John Lewis Hendricks 1095 Hendricks Rd., Alton, VA 24520 2. WRR Management Co., LLC & others 1211 Wilson Rd., Virgilina, VA 24598 3. Wm. H& Mary F. Yancey 4. Edith M. Talley 5. Same as No. 3 above 6. Wm. Thomas & Mary C. Yancey 7. Same as above 8. Same as No. 3 above 9. JayC. Stauble 10. Same as above 11. Brian £. & Mandy N. Stauble 12. Same as above 13. Ginger R. Tulloh, Gayle Thomason & DeborahT. Allen 14. Morell A. or Virginia P. Whitlow 15. Travis S. Stauble 16. Same as No. 2 above 17. Etree LLC 18. George E. & Eva S. Firth 19. Michael Owen Featherston 20. Same as No. 1 above 21. Same as No. 1 above 3052 Alton Post Office Rd., Alton, VA 24520 3070 Alton Post Office Rd., Alton, VA 24520 Same as No. 3 above 3058 Alton Post Office Rd., Alton, VA 24520 Same as above. ‘Same as No. 3 above 2233 Alton Post Office Rd., Alton, VA 24520 Same as above. 2233 Alton Post Office Rd., Alton, VA 24520 ‘Same as above. 2103 Mt. Carmel Rd., Alton, VA 24520 2163 Alton Post Office Rd., Alton, VA 24520 2175 Alton Post Office Rd., Alton, VA 24520 Same as No. 2 above P.O. Box 850, Burlington, NC 27216 1185 Hendricks Lane, Alton, VA 24520 1189 Hendricks Rd., Alton, VA 24520 Same as No. 1 above ‘Same as No. 1 above 27673 21862 27151 23958 27151 27155 27157 27151 21574 21573 23524 21574 31246 26088 14031, 21871 16536 10658 12516 14929 14933ADJOINING PROPERTY OWNERS Name: 22. 23 24 25. 26. 27 28 28. 30 31 32 33 34 35 36. Same as No. 13 above Wayne F. Dawson, Sr. Same as No, 2 above Same as No, 13 above Kenneth F. & Elizabeth H. Reeves Wesley A. Whitlow Stacey Thomas Coleman Same as No, 13 above Same 2 No. 13 above Same as No. 13 above Dennis or Cynthia Dietrich Harriette T, Evans Keith & Linda Penny Same as No. 17 above Nonnie L. Broach Mailing Address: 1161 Dawson Trail, Alton, VA 24520 3171 Mt. Carmel Road, Alton, VA 24520 3105 Mt. Carmel Road, Alton, VA 24520, 1072 Coleman Drive, Alton, VA 24520 4009 Windchime Ln., Youngsville, NC 27596 3207 Jersey Ct,, Colonial Heights, VA 23834 4114 Alton Post Office Rd., Alton, VA 24520 677 Broach Rd., Hurdle Mills, NC 27541 Worre aN 24773 11130 21862 23785 21096 17496 977 2sn3 24774 25131 14931 24821 20492 7387 7389FutureLaw, L.L.C. Attorneys at Law Arrington Building John G. “Chip” Dicks 1802 Bayberry Court pai Lect ea a Un oe Deel ioe Tanah 726-2400 jarrie B. Bowers eon: vagina, Facsimile: (804) 726-2410 Telephone: (804) 225-5506 www futurelaw.net January 26, 2018 r ‘TRONIC COMMUNICATION Halifax County Planning and Zoning 1030 Cowford Road, Suite LI P.O. Box 699 Halifax, Virginia 24558 ‘Atin: Mr. Detrick Easley E-Mail: rbowers@futurelaw.net Decommissioning Estimate Stipulation Alton Post Office Road (Route 711 Dear Detrick: On behalf of my client, Alton Post Office Solar, LLC, we write to request that the County accept this letter to establish the initial Decommissioning Estimate for the CUP Conditions for this Project, As you know, we commissioned an initial Decommissioning Estimate for the Crystal Hill Solar Project in December. The work took several weeks and cost Applicant several thousand dollars. In the end, the engineer told us that because the Project had not yet been designed, his estimate was based on general industry standards for deconstruction costs on a per megawatt basis, Given this information, below we calculate and stipulate a proposed an initial Decommissioning Estimate for Alton Post Office Solar based on a per megawatt proration. We understand and acknowledge that a Decommissioning Estimate for the Project certified by an engineer based on the actual design will be required when we go to Site Plan for this Project, and agree to provide an actual Project specific certified Decommissioning Estimate at that time. For the Conditions for this Project, we agree to stipulate to an initial Decommissioning Estimate of $2,301,925.60. This is based on the following protation. Crystal Hill was a 63 megawatt facility and the Decommissioning Estimate was $1,870,314.74 or $28,774.07 per megawatt, Since Alton Post Office is proposed as an 80 megawatt facility, we calculated an initial Decommissioning Estimate based on $28,774.07 x 80 = $2,301.925.60. We appreciate your Consideration of this request as a means to save time and money without any loss of security or Protection for the County. As with our other project, we understand that a Decommissioning Estimate will need to be developed, certified and submitted to the County for approval based on the actual designed project as part of Site Plan development. We look forward to the opportunity to bring a second solar energy generation project to Halifax County Very truly your (ee Roger G. Bowers ce: Crystal Hill Solar, LLCDECOMMISSIONING PLAN PROCEDURE 1 Introduction This plan for decommissioning (the “Plan” is for the Solar Project (the “Project” located in Halifax County, Virginia (the “County"), and shall be binding on each suecessor and assignee (the “Facility Owner”). The purpose of the Plan is to ensure the Project is properly Fe peed at the end of the Project’s useful life, or earlier if abandoned in whole or in part and ther he site be restored. Implementation of this Decommissioning Plan Procedure will be requirement of jhe Conditional Use Permit. Pursuantto this Plan, a Decommissioning Cost Estimate wil x provided for County review prior tothe issuance of building permits and updated every ten (10) years during the Project Life. HL. Decommissioning The expected life of the Project is thirty (30) years with extension possible if the facility can still economically produce electrical energy generation (the “Project Life”). At the end of the Project Life, |. The following items shall be removed, dissembled (if applicable), packaged and shipped for re-sale or to a salvage/teeycling facility or other processing facility where postble, orto landfill for disposal. PV Module Racking System Mounting Posts Electrical wiring/cabling Inverters/transformers/connector station Fencing Concrete Foundations Gravel from Access Drive(s) Propose Stabilize any exposed soil where equipment was removed, consistent with County and other applicable erosion and sediment control standards. 3 The Project site or portion thereof shall be restored such that it is suitable for a use allowed by right without the Conditional Use Permit. ‘4 The Project does not generate any hazardous materials. In the unlikely event, and to the extent that, any hazardous materials, as defined by federal, state and/or local laws, are Preah due {0 the Project, as part of Decommissioning the Facility Owner shall dispose of all such materials in accordance with applicable federal, state and local laws mal regulations governing such materials and the disposal of the same Se ee Sara PLE "Tes expected, but not required, that most components of the Project willbe salvageable, recyclable, re-usable or re-salable.Jf the Project lies on property owned by more than one person, entity or group (multiple owners), the Decommissioning Cost Estimate shall include a table allocating the Decommissioning Cost Estimate across the Project site, based on the percentage of generating capacity in megawatts (MW) attributable to each separately owned part of the property (the “Cost Allocation”). V. Timing for Decommissioning Upon the earlier of: (i) Completion of the Project Life; or (ii) Abandonment of the Project or any portion thereof, the Facility Owner shall promptly arrange for and be responsible for the full Decommissioning of the Project. If the Project ot any portion thereof has ceased operations and is not maintained for a continuous Period of longer than one (1) year and decommissioning is required before the end of the Project Life, the County may provide written notice of suspected abandonment to the Facility Owner. Upon receipt, the Facility Owner shall have a sixty (60) day period in which to refute the claim, remedy any problem, commence Decommissioning, or show why more than sixty (60) days is reasonably necessary to remedy the problem. If at the end of the sixty (60) day period the parties are unable to resolve amieably any dispute arising out of or in connection with this Decommissioning Plan, then Such dispute shal be resolved by an action filed in the Circuit Court of Halifax County, Virginia VI. Partial Decommissioning 1f Decommissioning is triggered for a portion, but not the entire Project, prior to the end of the Project Life, the Facility Owner shall commence and complete Decommissioning, in accordance with the Decommissioning Plan, for the applicable portion of the Project. If a portion of the Project is Decommissioned, the remaining portion of the Project would continue to be subject to this Decommissioning Plan. VII. Completion of Decommissioning Decommissioning will be complete when the County Construction Official or County Engineer, or another party appointed by the County, determines that Decommissioning has been completed in accordance with this Decommissioning Plan by issuance of a letter to the Facility Owner. VIII. Default by the Facility Owner If the Facility Owner is in default of its obligation to commence or complete Decommissioning, and such default remains uncured for more than sixty (60) days (as explained in Section V above), each landowner shall have the right to commence Decommissioning activities within the area it owns, Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the Facility Owner, including the County’s zoning powers. Revised 9-29-17 es)IX. Notice under this Decomm ‘ Solar, LLC Halifax County Department of Planning c/o Urban Grid Solar Projects, LLC County Administration Building 337 Log Canoe Circle 1030 Cowford Road, Suite LL1 Stevensville, MD 21666 P.O. Box 669 Attn: Decommissioning Notice Halifax, Virginia 24558 Attn: Director of Planning X. Financial Security If the Facility Owner is required to provide financial security running to the benefit of the County, such security may also run to the benefit of the landowner in an amount equal to the Decommissioning Cost Estimate (as determined by a Virginia Licensed Engineer in Section IV) prior to the Commercial Operation Date (the “Decommissioning Security”). The Facility Owner will only be required to provide one Decommissioning Security instrument to satisfy its obligations to both the County and the landowner. ‘The Facility Owner shall adjust the amount of the Decommissioning Security to Trach the updated Decommissioning Cost Estimate (as provided in Section IV) during the Project Life. fe Decommissioning Security may be provided in one of the following forms: (i) a surety bond in form acceptable to the County, or (ii) a letter of credit from a financial institution reasonably acceptable to the County which shall be irrevocable unless replaced with cash ot other form oF security reasonably acceptable to County. Revised 9-29-17 4Roger Bowers Wednesday, December 14, (2016 9:20 AM Craddock, Joseph (VDOT); Ann Mink Detrick Ee Shelton, David W. (VDOT) ito no Ot Ct aie day, thanks forthe quick review. No, we will not be applying for entrance permis untl we Bet to Site Plan. When we Prepare Site Plans, wil alert the cient about moving the Alton Post Office Road entrance slightly south. | will also pass ‘along David's contact information. Thanks for copying Detrick, we do plan to file for land use approvals in the next few weeks. Yours, Roger. ROGER 0. soweRs (@00) 263400 Frusommunicaon is confidential othe intended recipient) fork stad purpose. you have recched this communication in error, Please eply immediately and inform the sender and then completely dele he coommunicedan fone your files. Phase remember that if {hls message is forwarded, it may no longet be considered conhdental. you wih not rece tore emails, please reply and indicate av such in your reply, Thank you, From: Craddock, Joseph (vooT) [mailto:Joseph.Craddock@VDOT. Virginia.gov) Senti Tuesday, December 13, 2016 3:53 PM To: Ann Mink Ce: Roger Bowers ; Detrick Easley Sublet: RE: Halfx- Access Poison Alton Post Office Rd (Route 721) and Crystal Ml Rd (Rt. 610) ssley @co.halifax.va.us>; Shelton, David W. Ann, SSS Rates tats tone they are fine, except the one on Alton Post Office Roed needs to be £0) OO eng BOI 8 crossline pipe (the crossin pipe is between the two pvc stakes, so need to shift to south 25° or 50), Do you want to apply for entrance permits now, or are you going through the ‘conditional use permit process and want to get that done first? {ve copled Detrick Easley, with Halfex County, so he wil know that I've looked at and approved the locations. rve also copled David shelton, who wil be issuing your VDOT Lend Use Permits when you are ready. Thanks, Jay Craddock VDOT ~ Halifax Residency ‘Assistant Resident Engineer / Land Use Office: 434-433-3342‘Mobile: 434-316-8698 From: Ann Mink (maito:ann@futurelaw,pet) Ser inday, reat 11, 2016 10:24 PM ‘To: Craddock, Joseph (VDOT) Ce: Roger Bowers; Ann Mink ‘Subject: Halifax - Access Points on Alton Post Ofc Rd (Route 711) Jay, Attached ar approximatel Thank you for your assistance. marked by white PVC piping, jowing the area of acces Ann ‘Ann H. Mink, Paralegal FutureLaw, LLC. 1802 Bayberry Court, Suite 403 Richmond, Virginia 23226 Web: see Futurehaveach Email Direct Line: (804) 440-1688 Direct Fax: (B04) 565-6485 The information contained herein i attorney privileged and confidential information, intended only forthe use ofthe individua Srceuyhaimed bern. f the reader of thi message isnot the intended recipient, you ue hereby noted that any dissemination, distribution or copy of thi communication i strictly prohibited. Ifyou have received this comme cation in ‘rror, plonse notify us immediately by telephone , Thank you From: Ann Mink Sent: Friday, December 02, 2016 11:30 AM To: oseph.craddock@vdot virginia gov' Get Roger Bowers ; Ann Mink amink@futurelaw.net) ‘Subject: FW: Halifax - Access Points on Alton Post Ofc Rd (Route 711) Jay, ‘Thanks for taking my call Wednesdsy afternoon. As we discussed, attached is @ google map showing the 299 acres {along south side of Aton Post Office Rosd) for your site visit in order to confirm access for our land use application, Th Broperrty line abuts the southern right-of-way along the area between the marked red lines. Also attached isa copy of the Halifax GIS mapping. Tre gentioned private entrance, glven the limited trafic (ess than 10) generated by the site usoge as solr fact, the sight distance becomes an issue. For property identification, the Halifex PRN #s are: 24773 ~ 204.71 acres 24769 - 87,66 acres31245 - 5.44 acres - 31248 - 1.49 acres Please let us know if you have any questions or would like to discuss further. Thank you. Ann Ann H. Mink, Paralegal FotureLaw, LL. 1802 Bayberry Court, Suite 403 Richmond, Virginia 23226 Web: wow.FutureLaw.net (804) 440-1655 Direct Fax: (B04) 565-6485, information, intended only for the use of the individval Gisela, UE the reader ofthis messago isnot the intended recipient, you are hereby nated that any Sieemination, dietrbotion or copy of this conumunication ie triely prohibited. H'you have recat ee ee sation inST-2-2E~ 917 ‘meamng ALIS 193f0uNd ROY SAO OI VOY ZSOE PUE SOT WaaMTAE “UTZ amnOgy peoH SMTCONFIDENTIAL REDACTED OPTION AND LEASE AGREEMENT (Land for Solar Facility) This Option and Lease Agreement (this “A greement”) is dated as of October 19", 2016, and is effective when signed by both parties (the “Effective Date”) by and between Helen T. Thomason, Ginger R. Tulloh, and Deborah T. Allen , (collectively “Landlord”), and Urban Grid Solar Projects , LLC (or assigns), a Delawarelimited liability company (“Tenant”) Landlord is the owner of certain land containing approximately 291.97 acres located on Alton Post Office Road, Alton, Virginia, identified as 204.71 Acre Parcel: Tax Parcel DB43/706 at 3058 Alton Post Office Road, Alton 24520 and adjacent 87.66 Acre Parcel with legal description Holts Creek (the “Property”) and shown on Exhibit A-I attached hereto, located in Alton, Virginia. 1. The Option. In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency thereof is hereby acknowledged, Landlord hereby grants to Tenant the exclusive and irrevocable right and option to lease the Premises (as defined below) on the terms and conditions set forth herein below (the “Option”): a. Due Diligence. Within five (5) days after the Effective Date, Landlord shall deliver to Tenant copies all topographical, engineering, environmental and other studies, reports, title commitments and/or policies, surveys, licenses, permits, maps, tax statements, and other like ‘materials with regard to the Property in Seller's possession or control (the "Due Diligence Materials"). Landlord shall permit Tenant and its authorized agents and representatives to enter upon the Property at reasonable times to inspect the Property and perform studies, surveys and other due diligence activities. To the extent practicable, Tenant shall notify Landlord of its intention, or the intention of its agents or representatives, to enter the Property at least twenty- four (24) hours prior to such intended entry. Tenant shal] bear the cost of all inspections. b. Option Period. The Option right granted herein shall commence on the date hereof and shall continue in full force and effect for one (1) year (the “Initial Option Period”) from the Effective Date. «. Option Fee. For the sum (Q(B per year (the “Option Fee”), paid quarterly to Landlord by Tenant, with the first quarterly installment to be paid within five (5) business days after the date that the Due Diligence Materials are delivered to Tenant. The Initial Option Period shall be extended for each day the Due Diligence Materials are delayed (ie., if the Due Diligence Materials are delivered to Tenant seven days after the Effective Date, then the Initial Option Period shall be extended by seven days). d. Extension of Option. The period during which the Option remains in effect shall extend for additional one (1) year periods (the “Extension Option Period(s)") upon Tenant’s payment of Additional annual fee in the amounts provided below, paid quarterly, unless and until Tenant provides written notice of termination to Landlord (the Initial Option Period and Extension Option Periods are hereinafter collectively referred to as the “Option Period”).Year 2 Year 3 Year 4 & Exercise of Option. No later than 5:00pm on the last day of the Option Period, Tenant shall have the right, in its sole and absolute discretion, to exercise the Option by giving Landlord written notice of such exercise in accordance with the Notice provision set forth in Section 15 (the “Option Notice”). Upon exercise of the Option, Basic Rent shall be payable as provided below, and no further Option Fee, or portion thereof, shall be due and payable. f Lease Commencement. Upon Tenant’s exercise of the Option, the terms of this Agreement relating to the lease of the Premises (the “Lease”) set forth herein shall take effect. ‘The date that the Option Notice is delivered shall be considered the “Lease Commencement Date”. 8. Termination Right. By written notice to Landlord, Tenant may terminate this Agreement, in its sole discretion, at any time during the Option Period and the parties shall have no further obligation hereunder except those provisions which expressly survive termination of this Agreement. Payments made by Tenant hereunder of any portion of the Option Fee prior to such termination may be retained to Landlord, but Tenant shall have no obligation to make any additional payments of Option Fee hereunder. h. Exclusivity. During the Option Period, Landlord shall not enter into any other option agreement, or otherwise transfer, lease or convey, the Premises to any other person without the prior written consent of Tenant. Landlord and Tenant shall enter into 2 Memorandum of Agreement, which Memorandum may be recorded by Tenant in the applicable real estate records, giving notice of the Option, If requested by Tenant, promptly following Tenant's delivery of the Exercise Notice, Landlord and Tenant shall enter into a written Memorandum of Lease, which Memorandum may be recorded by Tenant. i Breach. If Landlord fails to deliver possession of the Premises on the Lease ‘Commencement Date, Tenant reserves all rights and remedies at law and in equity to enforce this Agreement including specific performance. If Landlord fails to perform its obligations under this Agreement for any reason other than Tenant’s breach, Tenant may pursue all remedies available at law and in equity. Landlord hereby acknowledges that Tenant will incur significant expenses in reliance on this Agreement. a remises. Upon Tenant’s exercise of the Option, Landlord shall lease to Tenant and Tenant shall lease from Landlord, pursuant to the terms of this Agreement, a parcel equal to the number of Useable Acres, together with ingress, egress, and utility easements providing access to and from public road(s) and point(s) of utility interconnection, as described in Sections 5 and 6 below (that portion of the Property being referred to herein as the “Premises”). “Useable Acres” shall mean areas of land on which Solar Facilities can be installed, in Tenant’s sole discretion. Tenant shall provide a legal description for the Premises, with the Useable Acres, during its due diligence activities which shall then be attached hereto and incorporated herein as Exhibit A-2. 3. Term. The lease term (collectively, the “Term”) shall be as follows: 3struction Term. The initial term shall be the period for construction of the Solar Facility commencing on the Lease Commencement Date and ending on the Commercial Operation Date (the “Construction Term”). The date that Tenant first commences commercial operation of the Solar Facility (defined as when the commercial sale of electricity generated from the Solar Facility begins, but not including the required intial testing and commissioning of the facility) shall be the “Commercial Operation Date”. tat Tesi. The primary term shall be for twenty-five (25) years commencing on the Commercial Operation Date (the “Primary Term”). ¢. Extension Term. Tenant shall have the option and right to elect to extend this lease for up to four (4) five (8) year extensions (cach such extension referred to as a “Renewal Term”, or collectively as the “Renewal Terms”). If Tenant does not give Landlord written notice prior to the expiration of the then-current Term of Tenant's intention not to extend the Term and Tenant is not then in default under any material term of this Lease, and this Lease has not been otherwise terminated, then Tenant shall have automatically extended the Term for a period of five (5) years upon the same terms and conditions as set out in the Lease. d.__Final Term. The final term of the Lease shall begin when the Solar Facility is retired and shall continue with the payment of Final Term Rent until the Solar Facility has been removed (the “Final Term"), ‘Tenant shall endeavor to complete the removal within eighteen (18) months. 4. Rent. In consideration for Landlord leasing the Premises to Tenant, Tenant agrees to pay during the Term to Landlord in lawful money of the United States of America, basic rent as follows (collectively, the “Basic Rent”): a Construction Term Rent. Beginning on the Lease Commencement Date, the annual Rent shall be equal to @iGof the Year One Primary Term Rent, paid quarterly. b. Primary Term Rent and Escalation. Commencing on the Commercial Operation Date and continuing on each anniversary thereafter, Tenant shall pay Landlord the annual rent of lis per acre of Premises, in quarterly installments. Each successive annual period the annual rent shall increase by ¢ Final Term Rent. Beginning on the first (Ist) day of the Final Term, the annual Rent shall be equal to ilifof the Basic Rent for the period immediately preceding the Final Term, paid quarterly. For any period during Term that is not a full quarter of a year, payment shall be prorated by the number of days within such period during the applicable portion of the Term. 5. Improvements of Premises. a Solar Facility. Tenant shall construct a solar electricity generation facility (the “Solar Facility”) on the Premises at its sole expense. The Solar Facility may consist of racking and foundations; inverters and transformers; necessary electrical interconnections and all improvements and connections required to transfer and deliver generation offsite, including butNot limited to: three (3) phase extensions and power box(es); structures to house electrical and maintenance equipment; security fencing and gating enclosing the Premises; safety signage and solar photovoltaic (“PV”) panels; and private vehicular maintenance and access roads (collectively the “Site Infrastructure”), Landlord has no obligation to make improvements on the Premises to accommodate the Solar Facility b. Preliminary Site Plan, Construction Plans. For any new construction on the Premises, such construction shall be designed and built o the minimum standards for any county, state and federal codes and requirements in effect atthe time of construction, including without limitation, the applicable building and fire codes. c. _ Signage. Tenant shall have the right to place one or more signs advertising the Soler Facility provided that, prior to putting up any such signage, Tenant has oblained all required sign permits from the local governing authority, ¢. Fencing. Tenant shall maintain a fence around the Solar Facility for the duration of the Term of this Lease. c Utility Easement. Landlord agrees to execute easement agreement(s) required by the utility companies for interconnection in the form required by the utility 6. ili ‘The rights granted to Tenant in this Lease include, without limitation the following easements and related rights: a Improvements. The exclusive right to erect, construct, reconstruct, replace, relocaie, Temove, operate, maintain and use the following from time to time, on, under, over and across the Premises, in connection with Solar Facility: (a) a line or lines of towers, with such wires and cables as from time to time are suspended therefrom, and/or underground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary and Proper foundations, footings, crossarms and other appliances and fixtures for use in connection with said towers, wires and cables (collectively “Transmission Facilities”); (b) facilities consisting of one or more substations for electrical collection, to step up the voltage, interconnect to transmission line or lines, and meter electricity, together with the right to perform all other ancillary activities normally associated with such a facility as may be necessary or appropriate to service Solar Facility, regardless where located (collectively “Interconnection Facilities”, which collectively with the Transmission Facilities and improvements installed in connection with the Solar Facility, collectively constitute the “Solar Improvements”); and (c) with all necessary easements therefor; b. Light. The exclusive right and easement to: (a) capture, use and convert sunlight and related solar resources on an unobstructed basis over and across the Property; with any obstruction to the receipt of and access to sunlight throughout the entire area of the Premises being prohibited: (b) cross the Property for any audio, visual, view, light, shadow, noise, vibration, electromagnetic or other effect of any kind or nature whatsoever resulting, directly or indirectly, from the Solar Facility, including but not limited to rights to cast shadows and reflect glare onto the Property; and (c) to prevent measurable diminishment in output due to obstruction of the sunlight across the Premises from the Property, including but not limited to an easementght to trim, cut down and remove all trees (whether natural or cultivated), brush, vegetation and fire and electrical hazards now or hereafier existing on the Property which might obstruct receipt of or access to sunlight throughout the Premises or interfere with or endanger the Solar Facility or Tenant's operations. © eae Mesess: Am easement or easements for access over and across the Property for: (a) ingress and egress to the Premises, to and fiom a public road, and a construction and utility easement over Property adjacent to the Premises for construction and maintenance of the Solar Improvements; (b) the non-exclusive right for the installation, use, repair, replacement and removal of Transmission Facilities across the Property; (c) the non-exclusive right for the installation, use, operation, maintenance, repair, replacement and removal of Interconnection Facilites across the Property; and (d) the right of subjacent and lateral support on the Property to Whatever is necessary for the operation and maintenance of the Solar Facility, including, without limitation, guy wires and supports ¢. General. The right to undertake any such purposes or other activities, whether accomplished by Tenant or a third party authorized by Tenant, that Tenant determines are necessary, useful or appropriate to accomplish the purposes or uses set forth in this Agreement. The easement rights granted by Landlord under this Agreement are for the benefit of Tenant, its ‘successors and assigns, as owner of such easements, and the parties expressly agree that such casement rights shall be transferable in accordance with the assignment provisions of this ‘Agreement. Notwithstanding the foregoing, if Landlord conveys the Property during the Term, Landlord agrees that any granting document, including the deed, shall convey the Property expressly subject to the existence of the easements and the right for future easements as provided herein. The term of the easements described in this Section 6 shall commence upon the Lease Commencement Date of this Lease and shall continue until the last to occur of (i) expiration of the Term, or (if) removal by Tenant of all ofits property from the Premises afier expiration of the ‘Term. Additional details concerning the location and configuration of the easement shall be vet forth in a recordable instrument prepared by Tenant, which Landlord agrees to execute, and have notarized, within ten (10) days of any Tenant request therefor made from time to time, and which may be recorded by Tenant in the applicable real estate records. In addition, at Tenant's request and expense, the easements described in this Section 6 may be set forth in a separate standalone casement agreement, which Landlord and Tenant agree to execute and which Tenant shall have recorded as an encumbrance on the property of Landlord and binding upon all subsequent owners, successors, and assigns. as inter a ity. Maintenance. The Solar Facility shall be maintained by Tenant at its own expense. shall maintain, protect and preserve the Solar Facility in a safe, neat and attractive condition and in good and serviceable repair. Tenant shall be responsible for ongoing vegetation and weed management on the Premises.b. Snow Removal. Landlord does not provide snow removal service on the access road serving the Premises. Snow removal on the Premises, if needed, shall be the responsibility of ‘Tenant as necessitated by Tenant’s operation of the SolarFacility. © Security. Security for the Solar Facility shall be the responsibility of Tenant, Nothing in this Agreement shall be construed to impose security obligations upon Landlord, Landlord shall not be liable for any loss or damages suffered by Tenant or third party solar panel owners due to Tenant’s and such third parties use and occupancy of and activities on the Premises, 8. Title and Quiet Possession. Landlord represents and covenants that Landlord owns the Premises and the Property in fee simple, free and clear of all liens, encumbrances, and restrictions of every kind and nature, except for those that currently appear in the recorded chain of title and are reported as exceptions on the commitment for title insurance that Tenant may obtain. If, as of the Effective Date or any time during the Option Period, the Property is encumbered by a lien or liens, Landlord shall obtain agreement of such lien holders as provided in Section 11 below as a condition to Tenant's obligation to paying the Base Rent hereunder. ‘Tenant shall have the quiet use and enjoyment of the Premises and the easements described herein in accordance with and subject to the terms of this Agreement, without any manner of hindrance, interference, or molestation of any kind by Landlord or any person claiming through Landlord. 9. Title to Site Infrastructure, a, Site Infrastructure, Title to the Site Infrastructure remains with Tenant at all times during the Term, b.__Repairof Property. In the event that Tenant causes any damage to the Property, including without limitation any above-ground or underground uilties, in the course of any activity undertaken by Tenant under this Agreement, Tenant shall facilitate the repair of such damage to retum such property of Landlord to substantially the same condition as it existed prior to such damage, at Tenant’s sole expense. 10. Uses and Operations. Tenant shall construct, operate and maintain the Solar Facility as a renewable energy generation system and related uses to the extent permitted bylaw. il. inatic i Tenant agrees that, if requested by Landlord, this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises and to all modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust, provided that Landlord first delivers to Tenant a Subordination and Non-Disturbance Agreement (defined below) from the holder of such lien or mortgage. Landlord agrees that any right, ttle or interest created by Landlord from and after the date hereof in favor of or granted to any third party shall be subject to (i) this Agreement and all of Tenant's rights, title and interests created in this Agreement, and (Gi) any and all documents executed or to be executed by and between Tenant and Landlord in ‘connection with this Agreement. A “Subordination and Non-Disturbance Agreement” shal] mean an agreement, in form reasonably acceptable to Tenant, between Tenant, Landlord and the holder of a lien or a mortgage that provides that the holder of sueh lien or a mortgage (i) agrees 7Oct. 25. 2016 8:35AM — Sentara Halifax Pediatrics Wo. 6692 1 IN WITNESS WHEREOF, the Patties hereto have executed this. Agreement, as a sealed instrument as ofthe day and year fst above wten pusvant to due uthony LANDLORD; TENANT: 4 Urban Grd Solar Projects, LLC (or assigns) Helé9'T. Thomason By: Frank DePew, er i a Date:_ 4 -3/_ 2045, Hebesgh T Ale. borah T. Allen dae: 10-2E JG, Exhibit A-1 _Plan/Plat of Property or Description of Parcel(s) Exhibit A-2 Description ofthe Premises [to be devéloped by ‘Tenant during the Option Period)ExhibitA-1 Plan/Plat of Property or Description of Parcel(s)ADDENDUM TO OPTION AND LEASE AGREEMENT. (Allen - Halifax) jThis Addendum to Option and Lease Agreement (this “Addendum") is made between elem F. Thomason, Ginger R, Tullob and Deborah T. Allen (“Landlord”) and Uiben Grid Solar Projects, LLC ("Tenant"), as of October 19, 2016, the seme date and time asthe Option and Lease Agreement between Landlord and Tenant (the “Agreement”, ByLEREAS, Landlord has agreed to lease and Tenant has agreed to rect certain property in Ualifax County, Vigini, as described inthe Agreement, as amended by this Addendunt NOW, THEREFORE, in considerstion of the mutual promises rade hecain and othey 00d and valuable consideration, th receipt and sufficiency of which are hereby mutually acknowledged, and based upon the tems, conditions, and provisions set forth herein, the patties hereby agree as follows: ‘The parti identified in the Ag This Addendum is executed in conjunction with the Agreement. Ali tems not defined Derein shall have the meaning set fort ia the Agreement. In the case of any conflict between the Aercement and this Addendum, this Addnduwy shal contol. This Addendum and the agreement. IN WITNESS WHEREOF, the partes bave execuied this Addendum pursuant o due ‘tuthority on the day and in the year first mentioned above, ‘TENANT By: Frank DePew, Manager Pe 9-97-20 Wid tte OH PrP) MvRUITG HRETEH AVECSS $102 “G “38g‘Sy HiBIT A-[ e 1 RST tn PERM 70 RH TVA 100 0D a nee Z a \ Aes ae iad GEEIOBEE| and Me? ooo aD ea Van ee ee apaibetay 0. >12/11/2016 22:04 14345724995 BURNETT & SNEED PAGE 06/11 ADDENDUM 2 TO OPTION AND LEASE AGREEMENT (Allen - Halifax) Tis Addendun to Option and Lease Agreement (this “Addencum”) is made between Helen 7. Zhomason, Ginger R. Tulloh and Deborah T. Allen ("Seller") and Urbor Grid Soler Projects, LLC ("Purchaser"), 8 of October 19, 2016, the same date and tine #¢ the Option and Lease Agreement between Seller and Purchaser (the “Apreement”). WHEREAS, Seller has agreed to sell and Purchaser has agreed to Purchase certain property in Halifax County, Virginia, as described in the Agreement, as amended by this Addendum, NOW, THEREFORE, in consideration ofthe mutual promises made herein and other good and Valuable consideration, the receipt and sufficiency of which sre bereby mutually acknowledged, and based upon the terms, conditions, and provisions set forth herein, the parties hereby agree as follows: [The partes gree thatthe Property, as defined in the Agreement, includes the two parcels ‘Castfiod in the Agreement, a third parcel of land containing approximately $44 saree identified in ‘Addendum To Option and Lease Agreement, and a fourth parcel of land containing approximately 1.49 Fangs atte’ along Alton Post Office Rosd, Alton, Virginia, identified as PRN 31o4e ao shown on Exhibit Axl stiached hereto, located in Alton, Virginia (collectively all four parcels being the “Property”, ;This Addendum is executed ia conjunction with the Agreement (which together with this ‘Addendum shall be the contract for the Property defined herein). All terms not defined hoie shall have the meaning set forth in the Agreement. In the case of any conflict between the Agreemaent and is Addendum, this Addendum sball control. This Addeodum and the Agreement may be executed in ‘counterpart originals, al of which together shall constitute one agreement. iN WITNESS WHEREOF, the parties have executed this Addendum pursuant to due authority ‘on the day and in the year first mentioned above. PURCHASER ‘Utban Grid Solar Projects, LLC CFiankbir Pha Frank DePew, Manager By: Date: __ 12/13/2016 bac J9-(2-/ome sees \ es vm may ain, i \THIRD ADDENDUM TO OPTION AND LEASE AGREEMENT (Allen - Halifax) This Third Addendum to Option and Lease Agreement (this “Third Addendum”) is made Sctween Helen T. Thomason, Ginger R. Talloh and Deborah T. Allen (“Landlord”) and Unban Grid Solar Projects, LLC (“Tenant”), effective as of October 19, 2016, the same date and time ns the Option and Lease Agreement between Landlord and Tenant (the “ Agreement”). WHEREAS, upon exercise of the Option, Landlord has agreed to lease and Tenant has agreed {o rent the property described in the Agreement in Halifax County, Virginia, as amended by this Third Addendum. NOW, THEREFORE, in consideration of the mutual promises made herein and other good and Yaluable consideration, the receipt and sufficiency of which are hereby mutvally acknowledged, and based upon the tems, conditions, and provisions set forth herein, the parties hereby agree as follon }- Additional Parcels, The partes agree thatthe Property, as defined in the Agreement, shll also include two additional parcels of land identified as PRN 25131, containing approximately 106 acres and PRN 23785, containing approximately 96 acres less and except PRN 17390, containing approximately two acres and related access but only to the Sxient of the existing life estate, located in Alton, Virginia (the “Additional Parcels”) (these Additional Parcels along with the inital four parcels identified inthe Agreement being collectively the “Property”}; provided, however, that the Primary Term annual rent for the Additional Parcels shall be adjusted to bet acre of Premises. All other terms of the Agreement shall apply to the Additional Pareek: without adjustment, 2. Substation The parties agree that if Tenant is required to develop a substation on the Premises, Tenant shall provide written notice to Landlord and Landlord shail execute a Jong teim ground lease (up 10 99 years) or conveyance (if required by the uility company) of a substation site (envisioned to be between approximately two to five acres) to Tenant or its designee upon payment of a “Substation Fee” of | Per sere to Landlord. If the substation is granted through a long term ground £2se, such ground lease shall require removal of the substation at the end of the ground lease, Exclusivity. Section 1(h) of the Agreement provides that during the Option Period, Landlord shall not enter into any other option agreement, or otherwise transfer, lease or convey, the Premises to any other person without the prior written consent of Tenant, The panes recognize and acknowledge that this requirement means Landlord cannot grant any Teal property interest to a third party without Tenant's prior consent, including without limitation, conveyances, easements, licenses, leases, ete. 4, Option Fee Increase. Use exccution of this Third Addendum, the Option Fee paid by Tenant shalll increase to per Option Period and applicable Extension Option Period, Prorated for the remaining Option Period and all applicable Extension Option Periods 5. Timber Adjustment. Upon determination of the Timber value using the method set forth below, after exercise of the Option Tenant shall make a payment to Landlord equal to thenet value (the actual value to be received by the owner minus any cost to the owner to harvest such timber incloding any required reinvestment or payments required due to such {imbering) of the marketable standing timber atthe date of exercise ofthe Option (the “Timber Value”). The Timber Value shall be determined by an expert consultant forester experienced in the valuation of Virginia timber. With its exercise of the Option, Purchaser Shall propose such experienced third pany forester. Within five days Seller shall agree to the proposed forester, or suggest jts own proposed experienced third party forester and the {wo proposed foresters shall select a third similarly qualified experienced third party forester. Such timber valuation shall be certified by the reporting forester in a written report to both parties within ten days after engagement, with such supporting documentation as the parties may require, including the price previously received for timber from the Property Ol 7. Miscellaneous. This Third Addendum is executed in conjunction with the Agreement (which together with this Third Addendum shall be the contract for the Property defined herein). All terms not defined hercin shall have the: ‘tTeaning set forth in the Agreement. In to ay cnt en hp oh a Addendum shall control. This Third Addendum and the Agreement may be executed in Counterpart originals, all of which together shall constitute one agreement. N WITNESS WHEREOF, the parties have executed this Third Addendum pursuast to due ‘authority on the day and in the year first mentioned above. TENANT Urban Grid Solar Projects, LLC By CPtanklir Defra Frank DePew, Manager Date: __ 8/14/2017ASSIGNMENT AND ASSUMPTION AGREEMENT. THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Assignment Agreement”) is made as of the 26" day of January, 2017, by and between URBAN GRID SOLAR PROJECTS, LLC, a Virginia limited liability company (the “Assignor”) and ALTON POST OFFICE SOLAR, LLC, a Virginia limited liability company (the “Assignee”. WHEREAS, Urban Grid Solar Projects, LLC was the Tenant under that certain Option and Lease Agreement, dated as of October 19, 2016, as amended (the “Lease”), by and between Urban Grid Solar Projects, LLC and Helen T. Thomason, Ginger R. Tulloh and Deborah T. Allen, as Landlord; WHEREAS, the Assignor desires to assign to Assignee, and Assignee has agreed to assume, all of Assignor’s rights, obligations, and liabilities as purchaser under the Lease; and NOW, THEREFORE, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignment. The Assignor hereby assigns, sets over and delegates to the Assignee all of the Assignor’s rights, obligations, and liabilities under the Lease. 2. __ Assumption. The Assignee hereby assumes all of the rights, obligations, and liabilities of the Assignor under the Lease from and after the date hereof. WITNESS the following signatures and seals: ASSIGN] URBAN GRID SOLAR PROJECTS, LLC, ALTON POST OFFICE SOLAR, LLC, a Delaware limited liability company a Virginia limited liability company By: Name: Title: _ peace a Title: _mer€ jo8Girca~ Cultural Resource Management, L.L.C. 453 McLaws Circle, Suite 3 Williamsburg, Virginia 23185 (757) 220-5023 Management Summary Deb Allen Property Halifax County, Virginia January 2017 Introduction In January 2017, Circa~ Cultural Resource Management, L.L.C. (Circa~) conducted a Walkover of the approximately 292-acre Deb Allen property located in Halifax County, Virginia (Figure 1). The project area is bordered by Alton Post Office Road to the northwest, and rural residential farm and forested lands to the east, south, and north, Carol D. Tyrer, Principal Investigator, completed the walkover. Dawn Muit-Frost, Architectural Historian and Historian completed the historic research and graphics, Alton USGS quad. Figure 1. Approximate project location,Environmental Background The primary reasons for incorporating environmental studies into archaeological projects are: to lear of possible environmental constraints or lack of constraints; to determine the presence or absence of critical resources that might have influenced site distribution, etc.; and to discover environmental factors ~- erosion, deposition, subsidence, and historic land use pattems -- that might influence the integrity of archaeological sites once they have formed. Keeping these objectives in mind, a brief environmental summary of the project area is provided below The project area is located in the south-central Piedmont region, just under 4-mile southwest of the Town of Alton, on a series of open grassy uplands that are dissected by the upper reaches of Powell Creek. The project area is currently used to graze cattle. ‘The topography of the uplands is generally flat and level with moderate- to steep-side slopes down to the stream. Elevations range from 380 feet above mean sea level (AMSL) at the stream edges to 550 feet AMSL on the top of the upland. Aerial photos from 1994 to the present show little change within the project area during the last 23 years, No development has occurred within the project area during this period (Figures 2 - 8). Figure 2. 1994 aerial view of project area, from Google Earth.Figure 4. 2002 aerial view of project area, from Google Earth,Figure 8. Current (2017) aerial view of project area, from Google Earth.Soils At least six different soil types and soil type variants exist within the project area, ‘These soil types and variants include Clifford sandy loam, 8% to 15% slopes; Fairview sandy Toam, 15% to 25% slopes; Clifford clay loam, 2% to 8% slopes, severely eroded: Clifford sandy loam, 2% to 8% slopes; Codorus and Hatboro soils, 0% to 2% slopes, frequently flooded; and Clifford clay loam, 8% to 15% slopes, severely eroded; (Natural Resources Conservation Service [NRCS] 2017). Each of these types and variants are described below including references to drainage, hunting and gathering potential, and horticultural and agricultural productivity potential. Further, conclusions regarding the suitability of cach for historic and Native American occupation and archaeological site probability are also explained. Soils maps and associated data provide an analysis of soil types within a geographic area Despite comprehensive and detailed coverage of most areas by soils surveyors, researchers often miss microenvironments due to their small footprints. Unfortunately, resource rich microenvironments were often common sites of cultural activity. As such, this analysis of archaeological potential is a “best-guess” using the best available data, Well-drained, agriculturally- and horticulturally-productive soils proximal to transportation corridors were the best choices for historic period occupation. Secondary areas, such as those containing wet soils and acid soils, after improvement such as drainage and liming also may have also been suitable choices for historic occupation. No navigable waterways exist within the project area; thus, water travel is not a factor in the site probability analysis of this tract. Areas of wet soils may have been attractive to Native American cultures. In these areas, edible herbaceous plant species may have been gathered and faunal species browsing these areas may have been hunted with success. Well-drained soils proximal to these resource-rich areas may have made adequate hunting and gathering campsites where the hunted and gathered resources were processed. These sites would have left an observable archaeological footprint. Little archaeological evidence would be located within the wet areas, the immediate locale of resource procurement. Areas containing gravelly soils may have been especially attractive to stone tool- manvfacturing Native American cultures but the level of attraction may have depended on the type and quality of the gravels available in these locations. Well-drained soils Proximal to quarry-able, gravel-rich areas would have made adequate lithic material procurement campsites but in this case, archaeological materials may be located at both the campsites and the quarry sites. Soils Identified Within the Project Area Clifford sandy loam, 8% to 15% slopes (8C) is the primary soil identified within the Project area covering approximately 35% of the northern, central, and southern portions of the project tract (Figure 9 and Table 1). Fairview sandy loam, 15% to 25% slopes (21D) is identified within the eastern, central, western, and southem portions of the project area covering approximately 32% of the project tract. Clifford clay loam, 2% to8% slopes, severely eroded (9B3) is identified within the central and western portions of the project area covering approximately 26% of the project tract. Clifford sandy loam, 2% to 8% slopes (8B) is identified within the northern, central, and southern portions of the project area covering approximately 4% of the project tract. Codorus and Hatboro soils, 0% to 2% slopes, frequently flooded (14A) is identified within the southem and eastem portions of the project area covering approximately 2% of the project tract. Clifford clay loam, 8% to 15% slopes, severely eroded (9C3) is identified within the southem and eastern portions of the project area covering approximately 2% of the project tract, Table 1. Soils Identified Within the Project Area Boundaries. 8, Citford sandy loam, 8% 10 15% slopes. 4087, 35% 21D, Fairview sandy loam, 15% to 25% slopes 5, 2% ‘988 Gifford clay loam, 29 to B% slopes, severely etoded | 77.7 26% 8B Cifford sandy loam, 2% to 8% slopes 144 4% 148 ‘Codorus and Hatboro sols, 0% to 2% slopes, requenlly | 53 2% flooded 3 Citford clay loam, 8% to 15% slopes, severely eroded _| 34 Te, Figure 9. Project area soil map, from NRCS website.Clifford Soil (8C, 9B3, 8B, 9C3) Clifford soil is a very-deep, well-drained, moderately-permeable soil form in residuum Weathered from felsic crystalline rock such as mica schist, gneiss, granite gneiss, mica gneiss, granodiorite, and granite, found on hills and interfluves on the uplands of the Southem Piedmont (NRCS 2017), Depth to bedrock is over 60 inches in this very strongly acid to moderately acid soil. Rock fragments range from 0% to 35% throughout the sohum and consist mostly of gravel and cobbles, Most of this soil is cultivated and can support small grains, com, soybeans, hay, tobacco, orchards, and pasture. Where ‘wooded, this soil can support easter white pine, Virginia pine, red oak, white oak, post ak, hickory, black gum, red maple, yellow poplar, and dogwood. Fairview Sandy Loam Soil (21D) Fairview soil is a very-deep, well-drained, moderately-permeable soil that formed in residuum from felsic metamorphic or igneous rock found on hills, ridges, and interfluves of the Piedmont uplands (NRCS 2017). Depth to bedrock is over 60 inches and rock fragments make up 0% to 40% of the A and E horizons and 0% to 30% of the B and C horizons, consisting mostly of gravel, cobbles, or stones. Mica context ranges from 0% to 2% by volume in this extremely acid to moderately acid soil and the clayey part of the argillic horizon is less than 24 inches thick and typically extends to a depth of less than 30 inches. Most of this soil is in cultivated crops, pasture, and woodland. Where cultivated, this soil can support com, tobacco, small grains, hay, and apples. Where wooded, this soil can support Eastern white pine, Virginia pine, red oak, white oak, post ak, hickory, black gum, red maple, yellow poplar, and dogwood. Codorus Soil (144) Codorus soil is a very-deep, moderately-well- to somewhat-poorly-drained soil that formed in recently deposited alluvial material derived from upland soil material weathered from most metamorphic and crystalline rocks found on smooth and nearly level slopes of floodplains (NRCS 2017). Solum thickness ranges from 30 inches to 60 inches and depth to bedrock is over 72 inches in this very strongly acid to moderately acid soil. Approximately 75% of this soil is cultivated or in pasture. Wooded areas can support a mixed hardwood forest. Hatboro Soil (144) Hatboro soil is a very-deep, poorly-drained soil that formed in alluvium derived from ‘metamorphic and crystalline rock found on floodplains (NRCS 2017). Solum thickness ranges from 20 inches to 60 inches and depth to bedrock ranges from 60 inches to 120 inches in this very strongly acid to neutral soil. This soil also features a high surface runoff. Approximately 50% of this soil is used for pasture with the remainder in cropland and woodland. Wooded areas can support a mixed hardwood forest. Previous Research Circa~ performed an archival search for the Deb Allen property using the Virginia Department of Historic Resources (VDHR) online V-CRIS system on January 3, 2017. This research was completed to determine if historic resources exist within the project area boundaries. The search identified no archaeological resources and one architecturalresource within a one-mile radius of the project area boundaries. Table 2 lists all of the Tesources within one mile of the project area boundaries. Figures 10 and 11 show the approximate project area boundaries (yellow shaded area) and resources within close proximity. Any resources colored green on the map are within one mile of the project area boundaries. Of the resources identified, no archaeological resources and no architectural resources were identified within the project area Table 2. Resources Within a One-Mile Radius of Project Area Boundaries. Architectural Resources OFF SOE a, 1800 Double Tenant House, 2200] Phase | survey 6100 | None made ‘Aion Post Office Road, site | and 1/23I07 includes one multiple dwelling h Figure 10. VDHR V-CRIS map showing previously-inventoried resources within a one- mile radius of the project location,[rosie oer Rr \-CRIS Figure 11. Detail view of VDHR V-CRIS map showing previously-inventoried resources within close proximity to the project location. Property History The Deb Allen property can be traced through Halifax County real estate records from the present to 1903 (Table 3). Prior to 1903, Bev. Howerton owned the property According to the deed research, Howerton was living on the property when he passed away. When Bev. Howerton died, the property became part of a chancery suit between the administrators of Bev. Howerton’s estate and William and Sallie Powell. In 1903, William Leigh, Special Commissioner assigned to the case awarded the property to William Powell. However, the deed for this transaction indicated that the family burial ground of Bev. Howerton, containing 1/8 of an acre with a right-of-way, was reserved from the sale. This is the only mention of the family burial ground in the deed research and there is no plat associated with the deed to indicate the exact location of the burial ground. William Powell retained the property until his death sometime prior to 1962. In his will, he left the land to Joseph Henry Moorefield. He would retain the property until his death in 1962. When Joseph Moorefield passed away, he left the land to his heirs. They retained the property until 1973 when they sold the property to Robert Reid, Jr. The deed for this transaction noted that the property contained approximately 115 acres,A year after he acquired the property, Robert Reid, Jr. sold the property to Edward and Nancy Tulloh. They retained the property until their deaths. Today, Deborah Allen, daughter of Edward and Nancy Tulloh is listed in the Halifax County real estate recone 88 a part owner of the property with her siblings Helen Thomason and Ginger Tulloh, ‘Table 3. Deed Research for Deb Allen Propert Robert and Katherine Reid, Jr TeS974 Eljah and Viginia Mooretek, | Robert Reid, J Deed Book | 21/173 Ecith (Moorefield) and Claude 3781606 Talley, Frances (Moorefield) and Olin Riddle, Allen and Martie Moorefield, Jemes and Molba Moorefield, Chatie and ‘Alma Moorefield, Robert and Neda Moorefield, and Joe and Dot Moorefield Wiliam Powell ‘Joseph Henry Moorefield Wil Book | No date 45/144 Willam Leigh, Special | Wiliam Powell Deed — Book Commissioner Ecard and Nancy Tulloh Maps of the area drawn during the 20" century show the property as open and wood land With some development during the middle of the 20" century (Figures 12-14), However, by the 1980s, the development is no longer visible,Results and Summary This study was conducted to provide information on the current condition of the property, as well as to assess the potential for the presence of archaeological or architectural resources within the project area and a review of structures located adjacent to the project area, Fieldwork was completed in January 2017 and included a pedestrian walkover of the tract to identify any obvious archaeological or architectural resources and the site Potential of various landforms. All open, exposed areas were inspected for the presence of artifacts and signs of cultural features. In addition, three judgmental shovel tests were excavated to sample the stratigraphy of the landforms. Architectural Resources Peuine the course of the walkover, Cirea~ identified eight structures on the property. These included one house, six:bars, and one bam.-ruin (Figure 15). A brief description of these buildings follows. These buildings appear to be part of a farmstead that ic common throughout this area of Virginia. The topography surrounding the project area and within Halifax County show many of these types of small farmsteads scattered throughout,Structure 1 This circa 1920s, two-story, two-bay, side-gable, wood-frame house is clad in wood siding and rests on a concrete-block pier foundation with one interior end brick chimney with a corbelled cap (Plates 1 and 2). Several trees have grown close to the building and are beginning to cause some deterioration of the building material. The roof is covered in standing-seam metal. There is a one-story, full-width, wood porch under a shed roof. supported by square wood posts. Sash, double-hung, 6/6, wood-frame windows are typical on the fagade and elevations. Some of the windows have been removed leaving only the window openings. The entrance on the fagade is a single-leaf opening; the door has been removed, Plate 1. View of Structure 1, looking south.Plate 2. View of Structure 1, fagade, looking east. Structure 2 This circa 1920s, two-story, one-bay, steeply-pitched side-gable, wood-frame bam is clad in vertical wood siding and rests on a rusticated-stone foundation (Plates 3 and 4). The roof is covered in standing-seam metal with a shed roof pediment at the first-story level on the facade. No windows are visible on the bam, The entrance on the facade is a single-leaf, plywood door. There is a one-story, one-bay, shed roof, wood-frame addition attached to the side (north and south) elevations. Each addition is clad in vertical-wood siding and rests on a tusticated-stone pier foundation. The roof is covered in standing-seam metal. Fixed, six- light, wood-frame windows are typical on the additions. No entrance is visible on either addition. Structure 3 This circa 1920s, one-story, one-bay, side-gable, wood-frame bam is clad in wood siding and rests on a concrete-block foundation (Plate 5). The roof is covered in standing-seam metal and is starting to deteriorate in several places. No windows are visible on the barn. The entrance on the facade is not visible.Plate 3. View of Structures 2 and 3, looking north. Plate 4. View of Structure 2, fagade, looking east. 16Plate 5. View of Structure 3, looking north. Structure 4 This circa late 19% century, one-story, one-bay, front-gable, wood-ftame bam appears have been originally constructed with logs and later changed to wood framing with vertical-wood siding (Plate 6). The original log construction is visible on the facade, ‘The foundation is not visible. The roof is covered in standing-scam metal. No windows are visible on the bam. ‘The entrance on the fagade is a single-leaf, vertical wood plank door. Structure 5 This structure is the remains of what appears to be a circa 1920s wood-frame structure, mostly likely a bam (Plate 7). Wood framing is visible along with a partial rusticated- stone foundation. Portion of the standing-seam roofing material are visible on top of the ‘wood framing. Structure 6 ‘This circa 1920s, one-story, one-bay, front-gable, wood-frame bam is clad in vertical- wood siding and rests on a raised-rusticated stone foundation (see Plate 7). The roof is covered in standing-seam metal. No windows are visible on the bam. The entrance on the fagade is not visible.Plate 6. View of Structure 4, looking east. Plate 7. View of Structures 5 and 6, looking east. 18Structure 7 This circa 1920s, one-story, one-bay, side-gable, wood-frame bam is clad in vertical- wood siding (Plate 8). The foundation is not visible. The roof is covered in standing- seam metal with overhanging eaves. No windows are visible on the barn. The entrance on the facade is a double-leaf, vertical wood plank door. Plate 8. View of Structure 7, looking east. Structure 8 This circa 1920s, one-story, one-bay, front-gable, wood-frame bam is clad in vertical- wood siding (Plate 9). The foundation is not visible. The roof is covered in standing- seam metal. No windows are visible on the barn. The entrance on the fagade is not visible. Archaeological Resources The project area consists of uplands dissected by the headwaters of Powells Creek (Plates 10 ~ 14). The creck drains the project area towards the southeast. The project area is currently used to graze cattle and is mostly open fields with fringes of trees along the creek edges. Shovel testing was limited and near the edge of the fields to protect the cattle, Shovel test reveal a relic thin plowzone undemeath a thick grassy root mat. Stratum A, approximately 0.37 feet to 0.51 feet thick, consisted of a strong reddish brown loamy clay plowzone. Stratum B consisted of a strong brown clay subsoil of C-horizon,Plate 9. View of Structure 8, looking east. Plate 10. View of project area, looking northeast. 20Plate 11. View of project area, looking southeast. Plate 12. View of project area, looking north. 21Plate 13. View of project area, looking southeast. Plate 14. View of project area, looking southeast. 2Circa~ did note an old railroad bed running between Alton Post Office Road and the fence line for the project area (Plates 15 and 16). A review of the USGS maps indicates that this is the abandoned alignment of the Norfolk, Franklin, and Danville railroad. It appears as if the rails and timbers have been removed. Chartered in 1882 as The Atlantic & Danville Railway (A&D), the line was completed and opened in 1890, and ran from Portsmouth to Danville, Virginia. Additional short branches ran from the main line to West Norfolk, Hitchcock Mills, and Buffalo Lithia Springs, Virginia, and a $0-mile narrow-gauge line ran from Emporia, at a junction with the Atlantic Coast Line Railroad (ACL), northeast to Claremont on the James River. In 1899, the Southern Railway (SOU) leased the A&D for 50 years as the line provided a ‘good connection from SOU's Washington-Atlanta main line at Danville to the port area of Norfolk and Portsmouth. ‘The narrow-gauge branch was abandoned in 1934, and the Hitchcock Mills and Buffalo Lithia Springs branches were dismantled in the early 1940s, but the main line and the West Norfolk branch remained intact. When the lease expired in 1949, SOU weighed the cost of operating the A&D and the limitations of its track, most 60- and 85-pound rail, against the cost of trackage rights over ACL from Selma, North Carolina, to Norfolk. SOU decided not to renew their lease and A&D resumed ‘operation on its own August 1, 1949. On January 19, 1960, they filed for bankruptcy, afier the Interstate Commerce Commission denied their request to guarantee a loan for capital expenditures and the purchase of freight cars. Plate 15. View of railroad bed within project area, looking north. 23Plate 16, View of railroad bed within project area, looking north. On October 31, 1962, Norfolk & Western Railway (N&W) purchased the railroad at auction, and organized the Norfolk, Franklin & Danville Railway (NF&D), a wholly- owned subsidiary, to operate the line. The merger of N&W and SOU rendered the Norfolk-Danville route redundant. The western third of the NF&D was abandoned, and the remainder was absorbed by N&W on December 30, 1983. The project tract originally contained areas of low, moderate, and high archaeological site probability. According to Circa~’s assessment, areas classified as low-potential are areas of moderate to steep slopes, wetlands and poor soil; moderate-potential areas are level landforms that contain somewhat well-drained soils; and high-potential areas are well- drained soils located proximal to existing historic resources and transportation corridors. Areas of low archaeological potential within the project area generally include the stream corridors, wetlands, and the steep slopes that surround them. In addition, there are areas where farm roads and an electrical powerline have impacted the landscape Moderate potential areas are defined as those which, based on landform and location, are moderately likely to contain at least some type of archaeological remains, either Native American, historic, or both. Similar landscapes in the vicinity of the project area have contained some landforms with level, moderately-drained, moderately-productive soils, a moderate proximity to surface water sources, and a moderate distance fiom historic resources and transportation corridors. 4High potential areas are defined as those which, based on landform and location, are very likely to contain at least some type of archaeological remains, either Native American, historic, or both. As similar settings in the project parcel contain some landforms with level, well-drained, productive soils, close proximity to surface water sources, close Proximity to transportation corridors, and proximity to known historic resources are additionally viewed as having high potential for historic settlement. In sum, given the project arca’s close proximity to the stream channels coupled with the presence of well-drained uplands soils along the margins of the streams and upland slopes, the possibility of finding Native American resources on the project area is considered moderate to high. Most of the previously-identified Native American resources in the vicinity were found adjacent or along stream channels. Given this information, it is possible that a Native American site, most likely @ temporary base or smaller camp or lithic scatter could be found within the project area boundaries, These sites may be located on the margins at the edges of the uplands and lowlands and will probably be avoided by the proposed development, as these landforms are within the RPA buffers, Given the previously-identified sites, this site would most likely date to the Native American period and would be under one acre in size. Judging from the previously-identified sites, if a site was found within the project area, it would probably Contain little to no Native American ceramic artifacts. Given the project area's proximity to a major stream and carly transportation routes, and the fact that historic structures were located on the tract during the walkover, the Possibility of finding historic resources is considered high, Given this information, it is possible that additional historic sites, most likely structures or a cemetery associated with a domestic complex, could also be found within the project area boundaries. Given the previously-identified sites, this site would most likely date from the 19" through the early 20 century and would range in size from under one acre to less than 10 acres. Circa~ recommends a Phase I survey of the area proposed for development. The low- probably areas are mostly stream corridors and the surrounding wetlands and will mostly be avoided by the proposed development. Moderate-probability areas should be sampled at 100-foot intervals, with the interval reduced to 50-foot and 25-foot around positive shovel tests. High-probability areas will be surveyed at 50-foot intervals. Detail mapping of the project area has not yet been developed, but as the survey and development plan is completed, a probability map can be developed that shows the areas for survey. An architectural survey will be completed on all structures 45-years old or older within a half-mile buffer of the project area. 25Detrick Easley Son Fedo Bocmoer 201784 ce Ses Ctr (evescrofersGutangi com) Ana Mink Sree: bree Farm Monerandim 12.15 17 pe; Pre Fariond Memorandum Exits 1246-17. Curl Resource Canine sssesime Wt ps Detrick attached please find tho Prime Farmland Memorandum and atached Web So Survey and Prine Farmland Map rom Timmons forthe ‘Akon Post Office ste [Ao enclosed please find the Cukura Resources Summary for Ato Pst Oc, dted Cctobet 2017 updated once he western propery. No sithaeoigical or architectural resources were denies within the projec ates Boundaries er er the eastern or western parcel \We are worting on the decommsionig estimate and rein dscussion withthe prasminertdemolten snd sshage compan Virgins. We hope tohave the requested infermation gules together and out 0 You Seo. re oie ed pupa nd crannies pe pl ame nd ome ‘See cer pe ghd nar ncn gh Th m rom: Detrick Ese mao aston), Set Tesey, Rovere 25, 20171338 Ter fope owes thowsis@idutelance> (tones Confod (ames duriatecon ames cane @urbangideo com> ‘Stee ton Post Otc ste eros, nae began revewin the AtonFos ce Ste ppston. nea melon orig now 2. Prine felon ep 2 Onthe cura Review ong 13, 2st egw structures on the propery eiding ore hate, We srucurebe demalta i thece sexs we Snape oyna torte Tats, Devic Easley Zorg Acminstater/Code Compliance 2030 Cowra, Suet aan vo. 20888 131476-2200 ert 3323ofthe ” @ 1001 Boulders Perknay 804.200.6500 TIMMONS GROUP Suite 300 F 804.560.1016 voue visio acsaven THOU OUR. Richmond, VA23225 _vemwimmons.com PRIME FARMLAND MEMORANDUM To: Detrick Easley, Planning & Zoning Administrator FROM: Rick Thomas, Timmons Group DATE: December 15, 2017 RE: Alton Post Office Solar Prime Farmland Summary Purpose/Background: The purpose of this technical memorandum is to summarize Prime Farmland acreage for the proposed Alton Post Office facility in Halifax County, Virginia in accordance with the Halifax County Ordinance #2017-3, Article V.ll, Section 53-159(n) — Prime Farmland, captioned below: Section 53-159(n) — Prime Farmland The preservation and protection of prime farmland in the county, provided that: ()) ‘prime farmland” shall have the meaning assigned to it by the Natural Resource Conservation Service of the United States Department of Agriculture, except that lands established in silvaculture shall not be considered prime farmland; (i) if no more than 10% of the site is prime farmland, this consideration will be waived: (ii) if more than 10% of the site is prime farmland that is not contiguous, this consideration may be waived: (iv) if more than 10% of the site is prime farmland that is contiguous, the prime farmland can be removed from the project area; and (v) the board of supervisors may waive any or all of the foregoing. The Alton Post Office Solar project limits are comprised of approximately two separate parcels totaling 492 acres currently comprised of both timberland and pasture. The Easter parcel is 279 acres and the Wester parcel is 213.5 acres. In review of the web soil survey from the Natural Resource Conservation Service (NRCS), the site is underlain by 9 separate mapped soil Units. Of these mapped soil units, one is considered eligible as prime farmiand- Soil Unit 8B — Clifford sandy loam, 2-8% slopes. As shown on the attached acreage summary maps, the Easter parcel is comprised of 4 acres (1.5% of the total acreage) of Prime Farmland. The Western parcel is comprised of 19.2 acres (9% of the total acreage) of Prime Farmland. In accordance with Section 53-159 (n) of the ordinance, preservation of this acreage is waived since less than 10% of the site is considered Prime Farmland, Attached to this Memorandum is the Alton Post Office Solar Prime Farmland Summary Map. CIVILENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICESws op acon mugen C ‘eure oe on ‘ene venmunnusg ‘moun sin vena mom me secure ast ss0¢ torent) ‘satan uo arog tS dB Mg anes pu,a4 = = oO i> ¥ Wi s| 30) 10 3 soue Jou) -usqa -moouG ‘Fageou gg son egy oy ‘au oe ‘cro: OF PALATE Bf SONTIUY PRO aay BIOs 4 NYINIDIA-SLLBZ¥5 3AAlton Post Office Solar, LLC Community Meeting Tuberville Ruritan Club November 29, 2017 Alton Post Office Solar, LLC held a Community Meeting on November 29, 2017, at 7pm in the Tuberville Ruritan Club. There were 21 people in attendance, including seven neighbors, Supervisor Giordano, Planning Commissioner Ramsey, Supervisor-elect Brandon, County Administrator Jim Halasz, Planning Director Detrick Easley, Jim Ziegler and his wife. James Crawford, for Applicant, made a presentation about the Project and then opened the floor for questions. Neighbors had the following questions/comments (except where noted, answer provided by James): What are the setbacks for the project? Seventy five feet along rights-of-way and twenty five feet on side and rear lines. What affect does the solar facility have on property values for adjacent properties? Appraisal data from other solar facilities shows little or no effect on adjacent property values. 1g to shield and ‘What is done to mitigate the visual impact? Applicant has agreed to install landsca mitigate the visual effect. What is Halifax county doing with regard to solar facilities? Detrick Easley responded to this question and explained that setbacks are established by the Zoning District and the Solar Ordinance. Setbacks could be increased if warranted. A question was then asked about the security of the facility and what might happen in a hail storm? The solar facility will be enclosed in at least a six foot fence with anti-climbing wire on top. The solar panels themselves are designed to withstand extreme weather, including hall. As a follow up the same neighbor asked about EMFs. Solar facilities operate at low voltage collecting DC power that is then converted to AC power interior to the site. Thus, there are little or no electromagnetic fields produced by the solar facility. The voltage is only stepped up right at the substation, on the interior of the site, to match the existing transmission line that traverses the site. James then responded to several questions about what benefits might come to the local folks from the solar facility. He explained that that long term leases provide landowners much needed income from the use of the land; help to keep large tracts of land from being split up; and that the project will most likely bring fiber optic cable to the site that the neighbors may be able to tap into. ‘The meeting ended just after 8pm. Several neighbors stayed for ten or fifteen minutes after the ‘meeting to speak with James and the County representatives who attended the meeting, Minutes prepared by Roger Bowers9 oP A (neem rset * a Updated ¢ fax) 2620969 wr] PorealiO | Zoning ower Not pectied| N, DEBORAH T& OTHERS 207 Not pected) [ALIEN, DEBORAH T&.OTHERS Not specie) RTH, GEORGE EREVAS NotSpecied leraeuc [Not specie HENDRIKS, JOHN Lows (Not specrie| HENDRICKS, JOHN Lewis (Not specie] HENDRICKS, JOHN LEWIS Net speci [TULON, GINGER, DEBORANT Not Specified | TAUBLE JAY. Netspeied “ULOM, GINGERR, DEBORANT | 6.20871 Not Species [WAR MANAGEMENT COMPANY, LC ssf ek fo sn on | uot pected NWHITOW, WOREULAOR VIRGINAdVW NVId BLES AUVNIWTTaUG ‘VINIDUIA “ALNNOD XVATIWH 1D NVEUN - JII4AO 1SOd NOLIW i zy re eA em | My @ ranean eae" “ dNOYS SNOWWILteens He Prteatemce Letom [tn tn ag | il \, identiier|_PareeliD | Zoning ‘Owner 13 _| 332625131 [Not Speed ALLEN, OEBORANT & OTHERS 14 | 3326 23785 [Not pected [ALLEN, DEBORAHTS OTHERS 15 _| 3316 21436 [Notpectied [REEVES KENNETH F & EUZABETHH 16 | 331637496 [Not Soeaied |WHITLOW, WESLEY A 17_| 33165777 Not Specified COLEMAN, STACEY THOMAS N 18 | 381625713 [No Specified ALLEN, DEBORAH 8 OTHERS 19 | 331626774 [Not Specified /ALIEN, DEBORAH 8 OTHERS 20 | 3826-11130 [Not pected DAWSON, WAYNE F SR 21__| 3826 2ne2 [Not spect | RR MANAGEMENT COMPANY, LIZ 22 | 332614931 | not Specified DIETRICH, DENNIS BOR CYNTHIAF 23 | 3326-24971 [Nor pected EVANS, HARRIETTET 24 | 3325-20082 [Not specie PENNY, F.KEITH& UNDAS _—- = = 25_| 33167387 [Not specifi eTREE, uc a Laer 26 | 3326-17390 [not spected|uPScOMe, MINNIE (UFE ESTATE]“Vl NV ALIS AUVNINTTaUC eal. ‘VINIDBIA “AINNOD XVaTIWH gales arud NYEUN - 391440 ‘1s0d NOL t =e dnous SNOWWILCece an | 2s rae unomones —| ass sete enesaree eT |e | Oe” GIVI SINW ewrurs: VEGETATIVE BUFFER NOTES SS Bee BK 53S | SKIKE = IIS |td TIMMONS GROUP --CONDITIONAL USE PERMIT ALTON POST OFFICE SOLAR, LLC CONDITIONS The Halifax County Board of Supervisors approves the Conditional Use Permit for Alton Post Office Solar, LLC to construct, maintain, and operate an 80 megawatt solar energy facility subject to the following conditions: 1. The Conditional Use Permit shall be issued to Alton Post Office Solar, LLC to construct, maintain, and operate a large scale solar energy facility at the site. These conditions shall apply to any person or entity that owns or operates the facllity at the site pursuant to this Permit. The current facility owner and operator shall provide the Zoning Administrator with advance written notice of any Proposed change in the owner or operator of the solar energy facility. The facility, including the project area, panels, buildings, accessory structures, entrances, fencing, vegetative buffers, areas for pollinator-friendly and wildlife- friendly plantings, and rated capacity, shall be sited, developed, constructed, installed, operated, and maintained in substantial conformance with the schematic site plan and project narrative presented by the applicant, except to the extent such plan or narrative is inconsistent with the Ordinance or any condition in this Conditional Use Permit. “Substantial conformity” shall be determined by the Zoning Administrator. Alton Post Office Solar, or any other owner or operator, shall comply with all requirements of Chapter 53, Article V.Il., of the Halifax County Code (“Solar Energy Facilities Ordinance” or “Ordinance’) that apply to large scale solar energy facilities. Without limiting the foregoing, the facility shall comply with all provisions contained in Section 53-158 of the Ordinance regarding the location, appearance, and operational requirements of large scale solar energy facilities. Future Ordinance amendments will apply to this solar facility, provided such amendments do not impair any vested rights per §15.2-2307. The owner, operator, and facility shall, at all tines, comply with all applicable federal, state and local laws, rules, regulations, codes, ordinances, and other requirements. The owner, operator, and facility shall obtain and, as necessary, maintain all applicable federal, state, and local permits. The facility owner and operator shall provide additional information regarding the facility's permitting and operations when requested by county officials regarding the facility, respond to additional inquiries by county officials, and allow designated county officials to have access to the facility for inspections in accordance with applicable safety and operational constraints, Page 1 of S6. Any proposed expansion of the facility beyond the levels approved herein, change of activities conducted at the facility from those permitted herein, or additional facilities or activities beyond those permitted herein shall be submitted to the Zoning Administrator for review. If the Zoning Administrator deems such proposed changes to be material modifications, they will be subject to Permit amendment procedures, including Public Hearings. 7. All entrances to the site shall be constructed and maintained as authorized and approved by the Virginia Department of Transportation 8. Security fencing around project area shall be maintained until the facility has been decommissioned and removed. It shall be the responsibilty of the facility owner and/or operator to repair fencing promptly upon learning of any disrepair. 9. All areas within the project area, disturbed land within the non-project area, setback, and installed vegetative buffers shall be seeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbes and wildflowers as stated in the landscaping and screening plan, unless the Zoning Administrator determines the disturbed area is not appropriate for such seeding. These areas shall be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment run-off. 10. Trees planted in the vegetative buffer shall be at least (3) three feet tall at time of planting and expected to grow to a minimum of eight (8) feet within (3) years. 11. The vegetative buffer shall be maintained in good condition until the facility has been decommissioned and removed, 12. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall be designed, installed, and operated so as to minimize off- site effects as much as reasonably practicable, 13. Adequate parking shall be provided on site to accommodate all employees and visitors. It shall be the responsibilty of the owner and operator to ensure employees and visitors park only on-site and not on highway right of way or on adjacent parcels unless written consent is provided by the owner or owners thereof. 14. The owner and/or operator is responsible for maintaining the appearance of the site in good condition, including picking up litter from the site as needed on at least a bi-monthly schedule. PRIOR TO OBTAINING A BUILDING PERMIT AND ENGAGING IN ANY LAND. DISTURBANCE ACTIVITY THE OWNER AND/OR OPERATOR SHALL PROVIDE THE INFORMATION, REPORTS, AND SECURITY REQUIRED IN CONDITIONS 15 Page 2 of Alton Post Office SolarTHROUGH 24 IN FORM AND SUBSTANCE ACCEPTABLE TO THE ZONING ADMINISTRATOR: 15. Proof of adequate amount of liability insurance to cover operations of the large scale solar facility. The owner and operator shall maintain adequate liability insurance until the facility has been decommissioned and removed. 16. The applicant has submitted a decommissioning plan procedure, which is incorporated into these Conditions. The applicant also has submitted a preliminary decommissioning cost estimate dated January 26, 2018. The facility owner and operator shall disassemble and dispose of the solar facility and restore the site in accordance with the decommissioning plan procedure, unless the Ordinance contains stricter requirements, in which case the stricter requirements of the Ordinance shall control. The facility owner and operator shall be jointly and severally responsible for decommissioning the facility in accordance with the decommissioning plan procedure and Sections 53-157(d) and 53-160 of the Ordinance. The initial decommissioning security required pursuant to Section 53-157(d) of the Ordinance shall equal not less than $2,301,925.60, which is the 100% of the estimated total cost to disassemble and dispose of the solar energy facility and restore the site as stated in the applicant's preliminary decommissioning cost estimate. No reduction in the amount of the security will be made on account of the claimed salvage value of the solar facility or the materials used in the solar facility. The preliminary decommissioning cost estimate must be updated before the applicant applies for a building permit and the updated decommissioning cost estimate shall be sealed by a Professional Engineer, as required by Section 53-157(d) of the Ordinance. The amount of the initial decommissioning security may be increased at the discretion of the Zoning Administrator based on the information contained in the updated decommissioning cost estimate. This security shall be in place prior to obtaining building permits or engaging in any land disturbance activity and shall remain in effect until decommissioning has been completed. The failure by the facility ‘owner and/or operator to decommission the facility in accordance with this condition, the decommissioning plan procedure, and the Ordinance shall constitute a zoning violation and may be enforced as such. The security may be called on by the county to remedy the zoning violation and to pay any and all costs related to decommissioning the facility, including administrative and enforcement costs. The decommissioning plan and decommissioning cost estimate shall be updated upon the request of the Zoning Administrator, which shall be no less frequently than once every ten years and no more frequently than once every five years. Each decommissioning plan and cost estimate shall: (i) be sealed by a Professional Engineer; (ii) meet the requirements of Sections 53-157(d) and 53-160 of the Ordinance; (iii) be in form and substance acceptable to the Zoning Administrator; and (iv) require, among other things, that all salvageable materials be removed and sold or disposed of in accordance with all applicable federal, state, and local regulations. The amount of the required Page 3 of S Alton Post Office Solarsecurity may be adjusted based on the updated decommissioning cost estimate, but it shall not be less than 100% of the total estimated decommissioning cost. 17.An erosion and sediment control plan approved by the Soil and Water Conservation District. The facility owner and operator shall construct, maintain, and operate the facility in compliance with the approved erosion and sediment control plan 18.A stormwater management plan approved by the Department of Environmental Quality. The facility owner and operator shall construct, maintain, and operate the facility in compliance with the approved stormwater management plan. 19.A detailed site plan that identifies all areas within the project area and setback where land will be disturbed and the location of vegetative buffers (whether utilizing existing or installed vegetation), identifies areas where the owner and/or operator believes pollinator-friendly seeding is inappropriate, and identifies the particular pollinator-friendly native plants, shrubs, trees, grasses, forbes and wildflowers as stated in the landscaping and screening plan that will be installed in designated locations. The owner and operator will comply with the Zoning Administrator's determination regarding the need to seed areas the owner and/or ‘occupant contend are inappropriate for seeding. The facility owner and operator shall construct, maintain, and operate the facility in compliance with the approved detailed site plan. 20.A construction plan, including a proposed construction schedule, anticipated start date, and hours of operation. The construction plan shall require, among other things, that construction activities, including but not limited to grading, clearing of land, and pile driving, shall be limited to hours between sunrise and sundown, Monday to Saturday, during construction. The facility owner and operator shall construct, maintain, and operate the facility in compliance with the approved construction plan, 21.A copy of the cultural resources review performed for the facility's Permit by Rule Application identifying historical, architectural, archeological, or other cultural resources on or near the facility, 22.A report on the potential impacts on wildlife and wildlife habitats at the site and within a two-mile radius of the proposed facility using information provided by the Virginia Department of Game and Inland Fisheries or a report prepared by a qualified third-party. 23.A report on the potential impacts on pollinators and pollinator habitats at the site. 24, Written certification from a qualified expert acceptable to the Zoning Administrator that all the facility's panels incorporate and utilize anti-glare technology, anti-reflective coatings, and other available mitigation techniques and Page 4 of S Alton Post Office Solarreduce glint and glare to levels that meet or exceed industry standards. The facility owner and operator shall use the technologies, coatings and techniques identified in the written certification, or superior technologies, coatings and techniques, for the life of the solar facility. This Permit is non-transferable, except and unless the Permittee provides written notice regarding the transfer, the proposed new Permittee provides a signed statement agreeing to comply with all terms and Conditions imposed on the original Permit, and the proposed new Permittee provides substitute decommissioning security in the amount specified herein. If the new Permittee desires to amend the original permit conditions, amendments must be sent to the Zoning Administrator for review. If the Zoning Administrator deems such proposed changes to be material modifications, they will be subject to Permit amendment procedures, including public hearings. Failure of Permittee, owner or operator to fully conform to alll terms and conditions of this Permit may result in revocation of this Conditional Use Permit. Defined terms used in these conditions shall have the meanings assigned to them in the Ordinance. Page 5 of 5 Alton Post Office SolarAlton Post Office Solar, LLC ‘Community Meeting Tuberville Ruritan Club November 29, 2017 Alton Post Office Solar, LLC held a Community Meeting on November 29, 2017, at 7pm in the Tuberville Ruritan Club. There were 21 people in attendance, including seven neighbors, Supervisor jordano, Planning Commissioner Ramsey, Supervisor-elect Brandon, County Administrator Jim Halasz, Planning Director Detrick Easley, Jim Ziegler and his wife, James Crawford, for Applicant, made a presentation about the Project and then opened the floor for questions, Neighbors had the following questions/comments (except where noted, answer provided by James) What are the setbacks for the project? Seventy five feet along rights-of-way and twenty five feet on side and rear lines. What affect does the solar facility have on property values for adjacent properties? Appraisal data from other solar facilities shows little or no effect on adjacent property values What is done to mitigate the visual impact? Applicant has agreed to install landscaping to shield and mitigate the visual effect. What is Halifax county doing with regard to solar facilities? Detrick Easley responded to this question and explained that setbacks are established by the Zoning District and the Solar Ordinance. Setbacks could be increased if warranted, A question was then asked about the security of the facility and what might happen in a hail storm? ‘The solar facility will be enclosed in at least a six foot fence with anti-climbing wire on top. The solar panels themselves are designed to withstand extreme weather, including hail. {As a follow up the same neighbor asked about EMFs. Solar facilities operate at low voltage collecting DC power that is then converted to AC power interior to the site. Thus, there are little or no electromagnetic fields produced by the solar facility. The voltage is only stepped up right at the substation, on the interior of the site, to match the existing transmission line that traverses the site, James then responded to several questions about what benefits might come to the local folks from the solar facility. He explained that that long term leases provide landowners much needed income from the use of the land; help to keep large tracts of land from being split up; and that the project will most likely bring fiber optic cable to the site that the neighbors may be able to tap into. The meeting ended just after 8pm. Several neighbors stayed for ten or fifteen minutes after the meeting to speak with James and the County representatives who attended the meeting, Minutes prepared by Roger Bowers