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058-22 (CUPRedBudRunSolarLLCEnergyFacility) w +ORDINANCE pGPlyj OR Action: PLANNING COMMISSION: March 2, 2022 Recommend Approval BOARD OF SUPERVISORS: April 13, 2022 Approved ORDINANCE CONDITIONAL USE PERMIT #02-22 AND SOLAR SITING AGREEMENT REDBUD RUN SOLAR LLC ENERGY FACILITY TO CONSTRUCT A UTILITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS, Conditional Use Permit #02-22 for Redbud Run Solar LLC Energy Facility, was submitted to construct a utility-scale solar power generating facility located on properties totaling approximately 263+/--acres. The subject properties are generally located east of Woods Mill Road (Rt. 660) and north of Pine Road (Rt. 661), approximately 0.5-mile north of Berryville Pike (Rt. 7) and are identified with Property Identification Numbers (PINS) 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A- 294A, and 44-A-295 in the Stonewall Magisterial District. Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Red Bud Run Solar LLC and the Frederick County Board of Supervisors is also being considered. WHEREAS, Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Redbud Run Solar LLC and the Frederick County Board of Supervisors was also considered; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on March 2, 2022 and recommended approval with conditions; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit and solar facility siting agreement during their regular meeting on April 13, 2022; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in accordance with the Comprehensive Plan; and Res. #058-22 1 WHEREAS, the Frederick County Board of Supervisors, pursuant to Code of Virginia Section 15.2-2316.6 et seq, agrees to the solar facility siting agreement with Redbud Run Solar LLC dated April 13, 2022; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #02-22 for the Redbud Run Solar LLC utility-scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers Property Identification Numbers (PINs) 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, and 44-A-295 in the Stonewall Magisterial District. with the following conditions: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application,prepared by Greenway Engineering, dated March 10, 2022. 3. Pursuant to Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decointnissioning Plan, included with the CUP application, prepared by Oriden, and shall update the Deconnnissioning Plan every five (5) years. 4. Within thirty (30) days after the Commercial Operation Date, the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). These conditions shall be memorialized in a solar siting agreement, dated April 13, 2022, with Frederick County, attached as Exhibit A of these Conditions, pursuant to Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route 660), so to provide one (1) entrance to each solar array land bay. One (1) entrance from Pine Road (Route 661) to be used only during the period of construction shall also per pen- itted. Approval of the final site entrance locations fi•om Woods Mill Road is subject to review and Res. #058-22 2 approval by the Virginia Department of Transportation at time of site plan. 7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays or federal holidays. 8. Any expansion or modification of this land use will require the approval of a new CUP. Passed this 13t11 day of April 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Absent J. Douglas McCarthy Aye Robert W. Wells Aye Josh Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Duan Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Adi ' istrator Res.#058-22 3 cod CONDITIONAL USE PERMIT #02-22 Redbud Run Solar,LLC q Staff Report for the Board of Supervisors Prepared: April 4,2022 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/02/22 Recommended Approval Board of Supervisors: 04/13/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 263-acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the Stonewall Magisterial District. In response to feedback recieved during the Planning Commission discussion and public hearing on March 2, 2022, the Concept Plan has been amended to incorporate those comments (dated March 10, 2022). The following revisions have been made: • Increase the side/rear setbacks to a minimum of 100-feet; • Added supplemental screening to address concerns of neighboring property owner (included in Landscape Buffer"B" on Sheet 3); and • Revised section detail and notes for Landscape Buffer "B" to provide 100% evergreen plantings and allowed for varied spacing based on topography and existing conditions (Sheet 3). Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate,the Planning Commission has recommended following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated March 10, 2022. 3. Pursuant to Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning Plan, included with the CUP application, prepared by Oriden, and shall update the Decommissioning Plan every five (5)years. Page 2 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 4. Within thirty (30) days after the Commercial Operation Date, the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). These conditions shall be memorialized in a solar siting agreement with Frederick County, attached as Exhibit A of these Conditions, pursuant to Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route 660), so to provide one (1) entrance to each solar array land bay. One (1) entrance from Pine Road (Route 661) to be used only during the period of construction shall also per permitted. Approval of the final site entrance locations from Woods Mill Road is subject to review and approval by the Virginia Department of Transportation at time of site plan. 7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays or federal holidays. 8. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Any recommendation for approval also affirms that the proposed solar facility is in accordance with the Comprehensive Plan. Page 3 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 LOCATION: The properties are generally located east of Woods Mill Road(Route 660) and north of Pine Road (Route 661), approximately 0.5-mile north of Berryville Pike (Route 7). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, and 44-A-295 PROPERTY ZONING& PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural, Forestal, Residential* & Vacant *Existing residential uses on proposed interconnection parcels only. ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Forestal/Residential South: RA (Rural Areas) Use: Agricultural/Forestal/Residential East: RA (Rural Areas) Use: Agricultural/Forestal/Residential West: RA (Rural Areas) Use: Agricultural/Forestal/Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP)to enable construction of an approximately 263-acre+/-utility scale solar power generating facility. REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed our review of the Redbud Solar Glare Study. Based on the information provided by Pennon, it is understood there will be no negative glare impacts to the users of the roadways. We are satisfied with the findings of this report and have no objections to the study. The only outstanding item to address is the previous comment which follows: The CUP and supplement identifies multiple entrance locations to serve the facility. Some for construction and some to be permanent. The supplement provided details on the sight distance for the proposed locations. You have identified an existing private entrance as "Alternative 1." The sight distance profile and your supplement clearly show this entrance not meeting minimum sight distance requirements for safe access. In accordance with VDOT Access Management Regulations (24VAC30-73) VDOT will not permit a commercial entrance without meeting minimum sight distance requirements. This entrance needs to be removed from the proposal. There are other locations proposed that meet minimum sight distance requirements and provide safe ingress/egress for those coming to the facility as well as the motorist traveling on the Page 4 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 roadway. See comment letter dated February 16, 2022. Frederick County Fire Marshal: Plans approved by Fire Marshal, Frederick County. See comment letter dated November 10, 2021. Frederick County Inspections: Conditional Use Permit for installation of solar arrays shall be designed per the 2018 Virginia Building Code, U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chapter 16 Virginia Building Code. Please note the requirements in Chapter 17 of Virginia Building Code for special inspection requirements on the type of structure (soil, concrete etc.). See comment letter dated October 9, 2021. Frederick County Public Works: We offer following comments: We will need to review comprehensive site plan including stormwater and erosion and sediment control. A Frederick County Land disturbance will need to be obtained prior to any site development. The stormwater and erosion and sediment control plans must comply with County Code Chapter 143 and Virginia Law & Regulations. See comment letter dated December 15, 2021. Winchester-Frederick County Health Department: The proposed project will not require an approved water supply or sewage disposal. See comment letter dated December 18, 2020. Historic Resources Advisory Board (HRAB): The Frederick County Historic Resources Advisory Board (HRAB) considered this Conditional Use Permit application during their meeting on November 16, 2021. This application seeks to construct a utility scale solar project located on three parcels of land that total 264 acres. The site is located on the eastern side of Woods Mill Road (Rt 660), north Pine Road (Rt. 661), approximately 0.5- mile north of Berryville Pike (Rt. 7) in Winchester. Page 5 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 Following their review of this application, the HRAB recommended approval of the Conditional Use Permit. The HRAB in their review recommended that the Applicant consider the utilization of methods such as ground penetrating radar (GPR) or terrestrial light detection and ranging (LiDAR) to document the present of archeologic objects or sites. See comment letter dated December 3, 2021. Planning and Zoning: Proposal, Site Configuration & Interconnection The application proposes use of nine (9) properties totaling approximately 447-acres +/- of RA (Rural Areas) Zoning District property, primarily used for agriculture, to generate photovoltaic (solar) electricity. Approximately 263-acres the subject parcels (four (4) lots — all vacant/agricultural in use) will be utilized (disturbed) for the installation of rows of ground- mounted photovoltaic modules, commonly known as solar panels, other necessary equipment for facility operations, access paths, fencing and landscaping. The solar panels will generate up to 30-megawatts (MW) and will be interconnected, and the power generated by each solar panel will be combined, converted, and the voltage increased to allow delivery of the power to the nearby Redbud-Gaylord overhead transmission lines. The Impact Analysis Statement notes that interconnection applications were submitted to PJM Interconnection ("PJM') and Rappahannock in July 2020 and studies are in progress. An Interconnection Agreement is expected to be executed for the Project in 2022. The proximity of the project to the existing transmission line was a significant factor in the selection of these properties for the development of the facility. The parcels outside for the 263- acres sited with solar arrays will be used only for underground interconnection (as shown on Sheet 3 of the Concept Plan). In protecting the viewshed and mitigate the visual impact to neighboring properties in the vicinity of the property the Applicant has proposed buffering and screening around the perimeter of the property, in addition to maintaining existing mature woodlands (where feasible), to shield view of the facility from adjacent roadways, residences, and other agriculture uses. The proposed landscaping is a 10-foot(FT) wide planting strip (double row of 6-foot-tall evergreen trees) or at least 50-FT of mature woodlands. Additionally, the project as proposed does not include any batteries for the purposes of mass storage of electricity that will eventually be transferred into the grid. Small batteries will only be utilized as backup for solar tracker motors, substation, and associated equipment. No substation will be required by the project; the power generated will be delivered to the overhead transmission lines through an underground interconnection. All inverters are centrally located to the site, ensuring they do not impact adjoining properties/residences (potential for noise). Page 6 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 Site Access & Transportation: Vehicular access to the site is proposed from Woods Mill Road (Route 660) to each of the project's three (3) solar array land bays. A temporary construction entrance is proposed from Pine Road (Route 661). The proposed entrances are noted on Sheet 3 of the Concept Plan. The final entrance configuration will be determined at time of site plan review and be subject to VDOT review and approval. Additionally, as part of the Virginia Department of Transportation (VDOT) review, a Glare Assessment Report, was provided to analyze potential impacts of glare from the facility (solar arrays) to adjoining roadways (Woods Mill Road & Pine Road). The report notes the proposed project contains favorable topography with existing vegetation that provides natural concealment while minimizing the nature and extent of viewshed impacts [and] where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping will be planted. Finally, the report concludes that coupled with the site's favorable topography, the combination of tree preservation and new landscape plantings will mitigate potential visual impacts at adjacent roads. Staff notes Future Route 37 Bypass also bisects the site where solar arrays will be located. The future alignment is shown on the Concept Plan, Sheet 3, for reference purposes only. The Concept Plan also includes notation regarding how the project is being sited to mitigate future impacts should Route 37 be constructed across the site, including siting of inverter equipment and site access outside of the planned right-of-way and removal of any panels necessary to accommodate the roadway (refer to "Notes" on Sheet 3). Comprehensive Plan Conformance: The Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for rural areas to be preserved to ensure the economic viability of agricultural and forestal operations and that those lands are present for the use and enjoyment of future generations (Chapter II — Rural Areas). Further the plan specifically states as it relates to solar that utility scale solar facilities are typically passive uses with limited impacts to the environment and the rural character. Additionally, implementation of this use can facilitate the preservation of agricultural and rural land for future use once these sites are decommissioned, although the extent to which the use removes agricultural and rural land from current use should also be considered. Utility-scale solar facilities, when located in appropriate areas, can provide opportunities for landowners to recoup value from their property without subdividing. The Code of Virginia also enables localities implementing solar facilities to tax this utility infrastructure through the machinery and tools tax or revenue-share agreements with utility operators, generating additional tax revenue beyond the land use assessment. This additional revenue can help the County offset impacts from residential development (Chapter IV — Business Development). Page 7 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 The project, as proposed, is in accordance with Comprehensive Plan policies. The project will not adversely impact the rural character of the area or the adjoining agricultural and residential uses. The preservation of the underlying land through the solar facility siting agreement (discussed below) maintains the ability to use the property for agriculture in the future if and when the facility is decommissioned. Maintaining the existing topography of the site, utilizing existing vegetation and planting new buffers to screen the facility will preserve the rural viewshed from adjoining properties. Further, the included Decommissioning Plan ensures a monetary guarantee to cover associated cost with the restoration of the land to it pre- development state and ability of the land to be use for agricultural purposes again (if so desired) in the future. Zoning Ordinance Conformance: Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Board of Supervisors added "utility-scale solar power generating facilities" to the Zoning Ordinance on January 8, 2020, including additional regulations for specific uses. These additional regulations further specify for utility-scale solar power generating facilities to prepare an engineered site plan and enter into a written agreement with Frederick County for facility decommissioning. The Zoning Ordinance requirements for "Public Utilities" including "utility-scale solar power generating facilities" (§165-204.26) specifies the Zoning Administrator has the authority to determine appropriate setbacks for lots. The Applicant has proposed setbacks for the solar arrays (panels) for this project as follows: a minimum 100-FT side/rear setbacks (from adjoining properties), and a minimum 200-FT setbacks from Agricultural and Forestal Districts. The provided setbacks are noted and shown on Sheet 3 of the Concept Plan. DecommissioningPlan: A draft Decommissioning Plan included with the application materials (Attachment 7 — Impact Analysis Statement), satisfies requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the event the facility is no longer in operation, the land will be returned to the pre-development condition with all solar infrastructure and related facilities removed, ensuring future viability of the land to resume agricultural operations. Further, proposed condition of approval #3 ensures that Frederick County would maintain a bond that is updated every five (5) years keeping it up to date. Solar Siting Agreement: The applicant will also propose consideration before the Board of Supervisors a "solar siting agreement." Solar siting agreements are outlined in the Code of Virginia § 15.2-2316.7; the code states any applicant for a solar project, or an energy storage project shall give to the host locality written notice of the applicant's intent to locate in such locality and request a meeting. Such applicant shall meet, discuss, and negotiate a siting agreement with such locality. The siting agreement may include terms and conditions, including (i) mitigation of any impacts of Page 8 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 such solar project or energy storage project; (ii)financial compensation to the host locality to address capital needs set out in the (a) capital improvement plan adopted by the host locality, (b) current fiscal budget of the host locality, or (c)fiscal fund balance policy adopted by the host locality; or (iii) assistance by the applicant in the deployment of broadband, as defined in § 56- 585.1:9, in such locality. The solar siting agreement legislation took effect July 1, 2021 and applies only to projects submitted on or after January 1, 2021. For the Redbud Run Solar Project, the siting agreement specifies that within thirty (30) after the commercial operation date, the Applicant shall make a one-time payment to the County in the amount of $250,000.00. These conditions are memorialized in a solar siting agreement with Frederick County, pursuant to Code of Virginia Section 15.2-2316.6 et seq. Ultimately, approval of the siting agreement is an action of the Frederick County Board of Supervisors. Other Permitting: In addition to requirements contained in the Zoning Ordinance, the Applicant will pursue a "Permit-by-Rule" (PBR) application through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level administrative review and approval process for the siting of solar energy facilities in the Commonwealth, including environmental and cultural review and study. One component of the state required PBR review is local jurisdiction "approval" of solar project siting; this CUP application, if approved by the Frederick County Board of Supervisors, would satisfy that requirement enabling proceeding with PBR approval process for this project. On March 29, 2022, DEQ issued new guidance on post-development stormwater management for solar facilities. DEQ will treat solar panels as "unconnected impervious areas" when calculating post-development water quantity and water quality. This change in the guidance may have a significant impact on the development of solar facilities. Additional acreage may be required at time of final engineering to be developed with stormwater management facilities to handle impervious areas (solar panel)runoff. Additional stormwater facilities with these facilities may impact preservation of existing topography and features on sites approved for solar facilities and solar facility decommissioning and restoring sites to a pre-development condition. PLANNING COMMISSION SUMMARY AND ACTION FROM 03/02/22 MEETING: The Planning Commission held a public hearing on the proposed conditional use permit on March 3, 2022. The primary discussion among the Planning Commission was setbacks from adjoining properties, the potential future impact of Route 37 Bypass, interconnection to the overhead transmission lines and Comprehensive Plan conformance. One (1) member of the public spoke in support of the application; the speaker also expressed a desire for the developer to work with her to ensure sufficient screening from her property. The Planning Commission unanimously (Commissioner Manuel — absent)recommended approval of the CUP application. STAFF CONCLUSION FOR THE 04/13/22 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately Page 9 CUP 902-22—Redbud Run Solar, LLC April 4, 2022 263-acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the Stonewall Magisterial District. In response to feedback recieved during the Planning Commission discussion and public hearing on March 2, 2022, the Concept Plan has been amended to incorporate those comments (dated March 10, 2022). The following revisions have been made: • Increase the side/rear setbacks to a minimum of 100-feet; • Added supplemental screening to address concerns of neighboring property owner (included in Landscape Buffer"B" on Sheet 3); and • Revised section detail and notes for Landscape Buffer "B" to provide 100% evergreen plantings and allowed for varied spacing based on topography and existing conditions (Sheet 3). Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate,the Planning Commission has recommended the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated March 10, 2022. 3. Pursuant to Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning Plan, included with the CUP application, prepared by Oriden, and shall update the Decommissioning Plan every five (5)years. 4. Within thirty (30) days after the Commercial Operation Date, the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). These conditions shall be memorialized in a solar siting agreement with Frederick County, attached as Exhibit A of these Conditions, pursuant to Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route Page 10 CUP 402-22—Redbud Run Solar, LLC April 4, 2022 660), so to provide for one (1) entrance to each solar array land bay. One (1) entrance from Pine Road (Route 661) to be used only during the period of construction shall also per permitted. Approval of the final site entrance locations from Woods Mill Road is subject to review and approval by the Virginia Department of Transportation at time of site plan. 7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays or federal holidays. 8. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Any recommendation for approval also affirms that the proposed solar facility is in accordance with the Comprehensive Plan. 1 - • • • Run Solar, . . Utility Scale Solar Zoning . . 367' NORL'AND RIDGE SNOWDEN�'� KNOLL DR 1160 1'70 RIDGE 14'1 ✓BRIDGE ra.,, JORDAN MONASTERY OPEQUF I�� �_ ��� SPRINGS RC). 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MILL RD 1894 JORDAN ` ��,�yp JORDAN JORDAN JORDAN 1423 479 ��' l�l�.11 1 SPRINGS RD ,JORDAN SPRINGS RD 1890 SPRINGS RD SPRINGS RD r.. 45.1 WOODS ", REDBUD RD WOODS MILL RD 319 SPRINGS RD JORDAN 1934 1943 MILL RD ^�" - 55 A 137 PINE_RD SPRINGS RD JORDAN JORDAN 41.7 250 WOODS MILL RD„ 73: �' SPRINGS RD SPRINGS RD FIRST 1501 PINE RD«•'� 529 __566. WOODS DR ]470 ,'• REDBUD RD 343 2'71 - REDBUD RD 359 PINE RD MORGAN 328 WOODS 367 � �� MILL RD MORGAN MILL RD. 295 � 425 � , MILL RD 155.1 PINE RD PINE RD 4,1,x• PINE RD 22'1 REDBUDJ�RD 349 , , 263 PINE RD 433. - 105 S PINE RD PINE7RD 180 BURNT �,„'�a �•. • •, . "$ FACTORY RD 112 183 ' a 1 - • • • Run Solar, . . Utility Scale Solar Location . . �"` �' ` '• a �I�R 6�Na° •9�•; �® NORL'AND.,JORDAN .MONASTERY ONASTE . RIDGOPEO ¢w M R .,_ L70 RIDGE 14'1 J KNOLL DR s U SPRINGS RD. RIDGE 250 WOODS 1160 MONS ERY •• 11 JORDANRIDGE 370 DEVILS BE SPRINGS RD MONASTERY 154 MONASTERY HUMMINGBIRD RIDGE Cil-AJ' 1281245 HIDDEN IN ..:..,: ... HIDDEN 290 ,��JORDA� PINES'DR 383 44 A 294A SPRINGS RD HIDDEN PII LICK RUN 234 CROSSING ' 125 .. - •' 289 LICK R 1327 HUMMINGBIRD`LN HIDDEN CROSSING .,. -PINES DR 300 88 LICK RUN 2.70 � N SPRINGS RD 159 HIDDEN IRN RD235 HIDDEN _ CROSSING LICK RUN 44 A+295r^'- PINES DR 3qg 1023 LICK RUN PINES DR 160 CROSSING CROSSING :� \\x'1873 HID EDBUD RD 223 r„yylr� `"� =HIDDEN n 144 "- L.IA/ AN SPRINGS PINES LhCK'R-UN LIGK'RUN PINES DR V 180°, e. GROSSING R. 362 q A"297 1412 235. CROSSING �. � 1 - 122 CUNNINGHAM LN WOODS JORDAN 267 LICK RUN CROS�SI~NGr HIDDEN PINES DR REDBUD RD 1167 LICK/RUN aMILL RD SPRINGS RD 229 � >'187 HIGH ` REDBUD RD CROSSING WOODS 358y55A5 A 134 1 21 1462 HIGH BANKS RD MILw WOODS I tern BANKS RD "275 200 849' JORDAN SPRINGS RD rJ 22d SETTLERS LN 281 MILL DRp WOODS ,•55A 1 19 55 A 135 `� 2U HIGH BANKS RD 1105 SETTLERS LN WOODS MILL RD '"� 1440 *'jHIGH 260 r ��yy�r �_ REDBUD RD 306 •�� JORDAN MILL DR A t7l-A./ �+I BANKS RD HIGH WOODS MILL DR ro ,;SB6 SPRINGS RD BANKS RD 1071 150 WOODS MILL RD "- - 00 334 DBUD RD SEifLERS LN 300 f WOODS ,-840.- ,�.: HIGHVIEW RD�82 HIGH BAN WOODS 1203 •, 743 MILL 15; ILL HIGHVIEW RD REDBUD RD WOODS MILL RD IL LRD _ JORDAN SPRINGS 768 1564 114'1 1177 L_ O WOODS M�LBL RD SPRINGS RL) JORDAN SPRINGS RD HIGH 133 SETTLERS LN O - �'°�'� �•� JORDAN REDBUD RD 181 1654; 138 RI R, SETRERS LN ,, . .WOODS MILL RD JORDAN RIV,ERDALE " REDBUD RD r„yyl,� SPRINGS RD 168.1 -IR 1696- 55 A'136 JORU'AN RIVERD JORDAN SPRINGS RD 198 2! 240 "'-"i°"�+SPRINGS RD RIVERD. MOUNTAIN YT /FHERSTONE Ci 1695 VIEW D 1 R 243 168 JORDAN SPRINGS RD � 1263 FEATHERSTONE Ci FEATHERSTONE Ci 130 18.1 14: 691 RE BUU�RD 120 FEATHERSTONE Ci MOUNTAIN MOUN 182 WHETSTONE C-T L763 VIEW DRVIEW L RD 563 JORDAN REDBUD RD 1]293- 549 WHETSTONE Ci 1801 RED"B-U--DTRD WOODS WQODS MILL RD 14,1 SPRINGS RD JORDAN 1301 MILL RD 527 X18.1 WHETSTONE Cl 125 SPRINGS RD 1863 REDBUD RDOODS WHETSTONE Cf 157 1347 531 - FEATHER:ONE Ci JORDAN SPRINGS R REDBUD RD MILL RD WHETSTONE Ci WOODS d840 .1896, 1892 � 1897 . MILL RD JORDAN 479 1894 JORDAN ` ��,�yp JORDAN JORDAN l�l�.11 1 SPRINGS RD ,JORDAN SPRINGS RD 1890 SPRINGS RD SPRINGS RD WOODS ", REDBUD RD WOODS MILL RD 319 SPRINGS RD JORDAN 1934 1943 55A 137 PINE RD SPRINGS RD JORDAN JORDAN 250 417 `'"'sv SPRINGS RD a WOODS MILL RD„ � �73. SPRINGS RD FIRST 1501 PINE RD«•'� 529 __566: WOODS DR 7470 ,'• REDBUD RD 343 2'71 REDBUD RD 359 PINE RD MORGAN 328 WOODS 367 � �� MILL RD MORGAN MILL RD. 295 � 425 i , MILL RD155.1 PINE RD 4,1,7 PINE RD ( ` PINERD 22'1 .REDBUD RD 349 263 PINE RD 433: � lO ERLOi+DRPINE RD "o WOODS PINE RD SHIRAZ;CE L,FT MILL RD - FIRST g'rMERLOiDR 232FA WOODS-DR MACK 249 ENZIE LN 180 ,.+ 223 PINE RD BURN ''�a A, - ' • MACKENZIE LN• WOODS MILL RD BURNT .e1�A FACTORY RD - 149• !ORGAN-MILL RD - 210' j209 .KE/NPER Ci r 'O ' •• • 1 224 112 '" X183 •. .it Submittal Deadline P/C Meeting BOS Meeting „3 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant(check one): Property Owner F-1 _ Other ✓� NAME: Red bud Run Solar LLC Attn: Gary Verkleeren ADDRESS: 106 Isabella Street, Suite 400, Pittsburgh, PA 15212 TELEPHONE AND EMAIL ADDRESS: (412) 915-9017; Gary.Verkleeren@OridenPower.com 2. Please list all owners, occupants, or parties in interest of the property: JRW Properties & Rentals Inc., Ronald A. and Mary C. Lee, Allen R. Conner, Robert L. Williams, William M. Rexrode, Tonie Wallace 3. The property is located at: (please give exact directions and include the route number of your road or street) The property is located east of Woods Mill Road (VA Route 660) and north of Pine Road (VA Route 661), approximately 0.5-mile north of Berryville Pike (VA Route 7). 4. The property has a road frontage of feet and a depth of feet and consists of 477.42 acres. (Please be exact) *Please see Concept Plan for road frontages and property depths. 5. The pr operty i s ow ned by See Attachment 1 as evidenced by deed from (previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number(P.I.N.)55-A-136,55-A-137,55A-1-19,55A-1-21,55-A-135,55-A-134,44-A-297,44-A-294A,44-A-295 Magisterial District Stonewall Current Zoning RA, Rural Areas 5 7. Adjoining Property: USE ZONING North See Sheet 2 of East Concept Plan. South West 8. The type of use proposed is (consult with the Planning Dept. before completing): Utility-scale solar power generating facility 9. Describe, if applicable, any new buildings to-be-constructed associated with this use: No new buildings are proposed to be constructed. Structures associated with the proposed use include mounted photovoltaic solar panels, skid-mounted inverters/transformers, and underground medium voltage interconnection lines. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both s ides and r ear and in front of (across s treet from) t he p roperty where t he r equested use w ill be c onducted. (Continue on ba ck i f ne cessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name See Attachment 2. Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 6 11. Please attach a sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines, site ac cess,public and private roads, and any other pertinent information specific to the desired use (such as parking). A recorded plat is the best thing to use for this if available. 12. Please attach a written description of the proposed use including (as appropriate): hours of operation,number of employees,number of customers anticipated, outdoor storage, and a ny of her pertinent i reformation t o a ddress a dditional r egulation f or s pecific us es contained in §165-204 of the Frederick County Zoning Ordinance. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the B oard o f S upervisors'publ is he aring. Your a pplication for a C onditional U se P ermit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. *All owners listed on the property record shall sign the application. Signature of Applicant SEE ATTACHED SIGNATURE SHEET Signature of Owner(s) SEE ATTACHED SIGNATURE SHEETS Owners' Mailing Address SEE ATTACHED SIGNATURE SHEETS Owners' Telephone No. SEE ATTACHED SIGNATURE SHEETS TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 8 Project Parcels Tax Map Owner Acreage Zoning Record/ Project Component Number Instrument# 55-A-136 JRW Properties & 128.99 RA DB591, PG630 Solar Arrays and Rentals Inc Equipment 55-A-137 JRW Properties & 134.00 RA DB591, PG630 Solar Arrays and Rentals Inc Equipment 55A-1-19 JRW Properties & 0.94 RA DB596, PG515 Facility Access Rentals Inc 55A-1-21 Robert L. 2.57 RA Inst. #030019313 Facility Access Williams 55-A-135 Ronald A. & Mary 6.00 RA DB867, PG1843 Underground C. Lee Interconnection Line 55-A-134 Allen R. Conner 11.00 RA DB804, PG207 Underground Interconnection Line 44-A-297 Allen R. Conner 13.78 RA DB804, PG207 Underground Interconnection Line Tonie Wallace Inst. #02000485 Underground 44-A-294A Aitken 176.25 RA Interconnection Line / Point of Interconnection 44-A-295 William M. 3.89 RA Inst#160002648 Underground Rexrode Interconnection Line ATTACHMENT 1 Redbud Run Solar Facility ADJOINING PROPERTIES ID Tax Map Number Owner Mailing Address City State Zip Assessed Acreage Zoning 1 55A 3 A WHITACRE ROLAND W,WHITACRE LINDA W 1392 JORDAN SPRINGS RD STEPHENSON VA 22656 0.9 RA 2 SSA 2 A PERRY PATRICIA D 1466 JORDAN SPRINGS RD STEPHENSON VA 22656 8.46 RA 3 56 A 3 HALLAM BENJAMIN P,HALLAM JEAN JOHNSON 1586 JORDAN SPRINGS RD STEPHENSON VA 22656 54 RA 4 55 5 5 HAWKINS CYNTHIA D 240 FEATHERSTONE CT STEPHENSON VA 22656 5.07 RA 5 55 5 6 FRAWLEY EDWARDJ TRUSTEE,FRAWLEY ROSE MARIE TRUSTEE 243 FEATHERSTONE CT STEPHENSON VA 22656 5.12 RA 6 55 5 8 HARTMAN ERIN M,HARTMAN BRIAN R 172 WHETSTONE CT STEPHENSON VA 22656 5.04 RA 7 55 5 9 PULLEN LARRY R,PULLEN ELIZABETH M TRUSTEES 182 WHETSTONE CT STEPHENSON VA 22656 5.13 RA 8 155 5 10 BROWN BETTY 181 WHETSTONE CT STEPHENSON IVA 22656 5.15 1 RA 9 55 8 1 M ITCH ELL WALTER N EAL,M ITCH ELL E UZABETH MA RI E 1896 JORDAN SPRINGS RD STEPHENSON VA 22656 10 RA 10 55 A 137E ADAMKIEWICZ SUSAN LYNN TRUSTEE,SUSAN LYNN ADAMKIEWICZ REV TRUST 319 PINE RD STEPHENSON VA 22656 7.51 RA 11 55 A 137D MCGUIRE MICHALE A,MCGUIRE NORMAJ 295 PINE RD STEPHENSON VA 22656 3 RA 12 55 A 137A TRUSTEES OF EMMANUEL UNITED,METHODIST CHURCH 2732 MARTINSBURG PIKE STEPHENSON VA 22656 0 RA 13 55 A 137C BENNETT GEORGE P,BENNETT JUDITH A 263 PINE RD STEPHENSON VA 22656 1.01 RA 14 55 A 138 SEMPELES STEPHANIE M 180 PINE RD STEPHENSON VA 22656 21.5 RA 15 55 A 139 SEMPELES STEPHANIE M 180 PINE RD STEPHENSON IVA 226561 7.31 RA 16 155 A 109A JENKINS BRYAN SCOTT 1605 HANDLEY AVE WINCHESTER VA 22601 9.44 RA 17 55 A 110 JENKINS BETTE P 1712 REAVES ST WINCHESTER VA 22601 1.75 RA 18 55 A 111 JENKINS JEFFREY G 1631 RE DBUD RD WINCHESTER VA 22603 6.18 RA 19 55 A 112 JENKINS GARLAND W,JENKINS BARBARA D 393 WOODS MILL RD STEPHENSON VA 22656 10.03 RA 20 55 A 112A PEARSON WYATT G,PEARSON ARIELLE J 417 WOODS MILL RD STEPHENSON VA 22656 1.11 RA 21 55 A 124 MENGELTHOMAS CTRUSTEE,MENGEL RACHAEL E TRUSTEE 479 WOODS MILL RD STEPHENSON VA 22656 7.3 RA 22 55 A 125 SIMKHOVITCH RONALD SR,SIMKHOVITCH VELMA 2657 MARTINSBURG PIKE STEPHENSON VA 22656 5 RA 23 55 A 126A SPEVAK IDA M,SPEVAK SAMUEL I PO BOX 3750 WINCHESTER IVA 226041 2.45 RA 24 55 A 127B DUNLAP EDITH PO BOX 73 STEPHENSON VA 22656 1.12 RA 25 155 A 127C FREDERICK COUNTY VIRGINIA 107N KENT ST WINCHESTER VA 22601 0.05 RA 26 55 A 127 J R W PROPERTIES&RENTALS INC 13 S LOU DOUN ST WINCHESTER VA 22601 24.98 RA 27 55 7 4 JOHNS M LESLIE JR 250 DEVILS BACKBONE OVERLOOK STEPHENSON VA 22656 23.22 RA 28 55 7 3 COMER RONALD L 743 WOODS MILL RD STEPHENSON VA 22656 20.04 RA 29 55A 1 1 WOHL HEIDI 2566 E PAULSTAN CT SARASOTA FL 34237 1 RA 30 55A 1 2 MYERS NATHAN LEE,MYERS KELSEY MARIE 758 WOODS MILL RD STEPHENSON VA 22656 0 RA 31 55A 1 3 ATKINSON JANET 768 WOODS MILL RD STEPHENSON VA 22656 ORA 32 55A 1 4 MUNDY MATTHEW W,MUNDY MELODY D 776 WOODS MILL RD STEPHENSON IVA 226561 4.5 RA 33 55A 1 8 WELCH KEVIN J 830 WOODS MILL RD STEPHENSON VA 22656 1.28 RA 34 155A 1 9 WELCH KEVIN 830 WOODS MILL RD STEPHENSON VA 22656 1.06 RA 35 55A 1 10 SHAFFER JEANNETTE P,DORSEY JEFFREYS 142 BUCKINGHAM DR STEPHENS CITY VA 22655 0 R 36 55A 1 11 SHAFFER JEANNETTE P,DORSEY JEFFREYS 142 BUCKINGHAM DR STEPHENS CITY VA 22655 ORA 37 55A 1 12 SHAFFER JEANNETTE P,DORSEY JEFFREY S 142 BUCKINGHAM DR STEPHENS CITY VA 22655 ORA 38 55A 1 13 FELTNER JEFFREY A,FELTNER ANTINEA R 870 WOODS MILL RD STEPHENSON VA 22656 1.25 RA 39 55A 1 14 RUSSELLSHARON G,RUSSELL REBEKAH L PO BOX 115 WHITE POST VA 22663 1.2 RA 40 55A 1 15 FRICKE JOHN C JR,FRICKE CLARA M 886 WOODS MILL RD STEPHENSON VA 22656 0 RA 41 55A 1 16 BORROR RANDY DAVID 896 WOODS MILL RD ISTEPHENSON IVA 226561 0 RA 42 55A 1 17 NEWLIN TINA 906 WOODS MILL RDSTEPHENSON VA 22656 1.11 RA 43 55A 1 18 JRW PROPERTIES&RENTALS INC 13 S LOU DOUN ST WINCHESTER VA 22601 1.08RA 44 155A 1 20 JRW PROPERTIES&RENTALS INC 13 S LOUDOUN ST IWINCHESTER IVA 1 22601 ORA 45 155A 1 22A LEE RONALDALLEN,LEE MARY CATHERINE 1947 MARTINSBURG PIKE IWINCHESTER IVA 1 22603 1 RA Source:Frederick County,VA GIS,2022 Data ATTACHMENT 2 Redbud Run Solar Facility ADJOINING PROPERTIES 46 44 A 296 CONNER HAROLD R,CONNER ALLEN R 1010 WOODS MILL RD STEPHENSON VA 22656 0.46 RA 47 44 A 297A CONNER ALLEN R 1010 WOODS MILL RD STEPHENSON VA 22656 0.37 RA 48 55 A 133 HART DOROTHY L 897 WOODS MILL RD STEPHENSON VA 22656 1.16 RA 49 55 7 1 SWEET MICHAEL 362 WOODS MILL DR STEPHENSON VA 22656 17.48 RA 50 55 7 14A MEIER KEVIN R,MEIER JORDAN V 274 LICK RUN CROSSING STEPHENSON VA 22656 6.39 RA 51 44 A 31A STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604 386.24 R4 52 44 A 31B BROOKFI ELD STEPHE NSON VILLAGE LLC 3201 JERMANTOWN RD STE 150 FAIRFAX VA 22030 18.05 R4 53 44 A 293 BROOKFI ELD STEPHE NSON VI LLAGE LLC 3201 JERMANTOWN RD STE 150 FAIRFAX VA 22030 17.96 R4 54 144E 1511569C BROOKFIELD STEPHENSON VILLAGE LLC 3201 JERMANTOWN RD STE 150 FAIRFAX VA 220301 2.01 R4 55 44E 1711764B BROOKFIELD STEPHENSON VILLAGE LLC 3201 JERMANTOWN RD FAIRFAX VA 22030 2.9 R4 56 44E 1711764A BROOKFIELD STEPHENSON VILLAGE LLC 3201 JERMANTOWN RD FAIRFAX VA 22030 12.12 R4 57 44 A 294 AITKEN TOME WALLACE,C/O TONIE M WALLACE 1160 JORDAN SPRINGS RD STEPHENSON VA 22656 55.67 RAB2 58 45 41 2 FORTNEY CLARK D,FORTNEY BARBARA K 1281 JORDAN SPRINGS RD STEPHENSON VA 22656 3.04 RP 59 45 41 3 CONLEY JOHN M,CONLEY KJUNE PO BOX 218 STEPHENSON VA 22656 3.07 RP 60 45 41 4 BELL CATHERINE SUE 1373 JORDAN SPRINGS RD STEPHENSON VA 22656 3.08 RP 61 45 41 5 KIENE CAROLYNL 1373 JORDAN SPRINGS RD STEPHENSON VA 22656 3.22 RP 62 55A 3 B VEGA BRUNOG 1384 JORDAN SPRINGS RD STEPHENSON VA 22656 0.56 RA 55A-4-1-1 Brian Keith Ash 1412 Jordan Springs Rd Stephenson VA 122656 Source:Frederick County,VA GIS,2022 Data ATTACHMENT 2 Y. 4q 56 52 53 10 f 55 57 "RIDGO`O 0 49 0 57 002 �GORD I� � /A�Fi�� 61 68 60 "59 HIDDEN PINES DR� 62 -- 49 2 BANKS Q 48 4!' 394v 7 3 \0 3 33\'34 3/ 28 32 31 3 21-30 RIF" 27 —j 4T QZW 26 4 7 CT 57 HIDDEN PI, 60 61 1_23 8 11 22 9 21 Legend i J Adjoiners 20 19 Interconnection Parcels 10 Solar Array and Access Parcels Parcel BoundaryOR-1 04 1-12 PINE RD 14 u_0 0 < NASTERYRIDGERO s W e o ' ..3 c HIDDEN PINES DR UJ SME 37 • F ZL NBANKS.RD— OOy 2 WINCHESTER 7 rte,7 HARRY BYRD HWC y RS N \ > m as �RKECOUNTY LL -- � o 522 SU t� RtPERD g g U '><E CiR O O 17 ♦ 7� F m 0 o° ❑ z 30 � O —F� /S TONE CT �$ I O � O Legend 7 Interconnection Parcels Solar Array and Access Parcels ¢� o — r w Parcel Boundary °' z w Frederick County Zoning u ❑ w LL1 Q — 0 B2(Business,General Distrist) p F w oo Q. p0 R4(Residential,Planned Community District) 3¢ z y o O� Nov FPG.toR� j 0 RA(Rural Area District) q U PINE RD Vow � 0 RP iResitlential,Performance District) s \� ❑z w eye o o ❑ N K z p MACK LL 0 m a���R�� y �{,���y��.y�� /�����nlr ���y���y�� ��/��Irv/ rn o w �I'J-rUf�L/IrLrU1GNW�h:J�I=AFJ�L_r�Yf�L/@Uff'/LSA�♦f�7�l�L9fUVIIW\�IA'I19ff1M�(nY1�Yr�YS11 11 D u L=r�L'�.:�lr�:k(g � Il 11 p E l°:5 � � � U, Redbud Run Solar Project CUP Application Form Applicant Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. REDBUD RUN SOLAR LLC Applicant's Mailing Address: , Applicant's Phone Number: ( Redbud Run Solar Project CUP Application Form Owner Signature Page 1 (we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. 1 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first ,public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Ma 55-A-136,.55-A-137 55A-1-19 Ames R. ilkins, III Title: President of JRW Properties & Rentals,Inc. Owner's Mailing Address- 1 Redbud Run Solar Project CUP Application Form Owner Signature Page I(we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax MaR: 55A-1-21 Owner's Mailing Address: Owner's Telephone Numbe Redbud Run Solar Project CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. 1 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted subject to the following conditions: (1) Landowner to be notified at least 24 hours in advance of inspection (2) Vehicle access for inspection is limited to the paved parking/gravel driveway area (3) Access for inspection of the property beyond the vehicle parking area shall be by foot. Tax Map: 55-A-135 Ronald A.Lee Mary d Lee` Owners' Mailing Address: 1 Owners' Telephone Number: Redbud Run Solar Project CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 55-A-134, 44-A-297 Allen R. Conner Owner's Mailing Address: I Owner's Telephone Number; (5 Redbud Run Solar Project CUP Application Form Owner Signature Page I (we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Mai): 44-A-294A Toni Owner's Mailing Address: 3 Owner's Telephone Number: (_ _ _ Redbud Run Solar Project CUP Application Form Owner Signature Page I(we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Man: 44-A-29.5 William M. Rexrode Owner's Mailing Address: Owner's Telephone Numb Plan Revision s Sheet List Table R.v�..n REDBUD RUN SOLAR PROJECT 133 CONCEPT PLAN STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY z LU U-I T, 0 Z 0 o' Do U-I OWNERS DEVELOPER REDEUDRUN SOLAR LTC C/O ORIDEN LLC 1013 1 SABE I STREET SUITE 400 PITTSBURGH,PA 412-235-0112 VICINITY MAP SCALE 1"-2000 LISTOFSERVICES CIVIL ENGINEERING I GIS I LANDSURVEYING I ENVIRONMENTAL I ANALYTICAL LABORATORY I QUALITY CONTROL TESTING&INSPECTIONS PROJECTAREA _ PROJECT AREA PARCEL TABLE RE BUD ENERGY FACILITY: m S -30 MW SOLAR FACILITY p GENERATION TIE LINE m" 10 Tax Map Number Owner M g Atltl s Cary 8 St re LO �a iorg TOTAL PROJECT PARCEL AREA 4766±AC . (APPROXIMATELY 150 S ACRES FOR SOLAR - ARRAYS) MAGISTERIAL DISTRICT:STONEWALL ACREAGEIZONING: RA DISTRICT ® Qz 3a EXISTING LAND USE: AGRICULTURAL& Zw ADJOINER PARCEL TABLE RESIDENTIAL W,z, �Wo assesses w 10 Tax Map Number Owrrer � Mailing Atltlress C11y 85tase Zip acreage A � ni c w.ruvux nws eu' uruv wvYxauzivusLL �,w:Pzc sinus. •,•.� \ a ax um•x :.'.e w z s s s u[ry✓aar a.oau[ry[uzxa[mry�'.cs�[s "[isra,[cr 1EP-[rvsIlEl Ell cn rccr� rnx[ ® O ® O29 MIA Po ® 0 LEI ru n ® \ 0 41, O o o LEI 0 0 • o 1. SOLAR ARRAY DEVELOPM ENT LIMITS WILL BE SETBACK 50'-100FROM EXTERNALROAOSANO PROPERTY LINES. A 2. SOLAR ARRAY DEVELOPMENT LIMITS WILL CONSIST OF GROUND MOUNTED PHOTOVOLTAIC ® ®I MODULES AND CENTRAL INVERTERS. 3. AB'HIGH SECURITY FENCE WTH SIGNAGE/24-HOUR CONTACT INFORMATION WILL BE INSTALLED AROUND BOUNDARY OF SOLAR ARRAY DEVELOPMENT. 4. LIGHT NG WILL BE LIMITED TO SAFETY AND SECURITY PURPOSES ONLY,ONANASNEEDED LEGEND BA IS 5. ST ORM WATER MANAGEMENT SHOWN FOR PLANNING PURPOSES.LOCATIONS AND ACCESS 0Ao FOR STO BE REFINED DURING SITE DESIGNPROJECT PARCELS B. ACCESS TOTHE FACILITY WILL BE PROVIDED THROUGH THREE ENTRANCES LOCATED ON INTERCONNECTION ,ry - - WOODSMILLROAD(IDENTIFIED ON SHEEP 3).ADDITIONALLY A TEMPORARY ENTRANCE WILL BE PARCELS �m ITTwzED ALONG PINE ROAD TO ACCESS LAY DOWN AREAS DURING THE CONSTRUCT ON PARCELS PROCESS. SUB ECT PARCEL TABLE ��'°n ® xasn.rozos e. ,-®c IX 'Mo ]. THE LANDSCAPE PLANTINGS SHALL BE MAINTAINE-0IN GO00 HEALTH FORTHE LIFE OF ID'S Z\� THE PROJECT.EXISTING VEGETATION PRESERVATION AREAS IDENTIFIED ON SHEETS SHALL r REMAIN UNDISTURBED FOR THE LIFE OF THE PROJECT. AD-NER PARCEL 11 TABLE IF 5® LANDSCAPE BUFFER"A" SOLAR ARRAY PANEL DETAIL 9 LANDSCAPE au FFER A avo oEscv a.oxI 1 .i oaoho.mxa�aow aeK oaoo.ar�.�.lN f TTEa a i i � V � TC ae ue' 4 xov.x 6-00000000005 `�• \ • .9 N' ❑ a Lu LANDSCAPE BUFFER"B" o, \/ SOLAR ARRAY CROSS SECTION NTS 1, V' L p F tiew*O� *peg PROPOSED ACCESS ROAD TYPICAL SECTION AllND%E eUF6BFFNFEa oc auwEnxEv AE�x� �h 00000a —L�LLL t _L LL TYPICALROADSECTION NTS rewaova _ `f, = LL _ PosEx x.a. xowx,w6, t-. LL re�Nr J�nw:.reu = 'LE _LLLEI i � a l O 0 F o ,po. U a� Z o o -��LUK NOTES u❑ _ IxcL Qzo 1. REDBUD RUN SOLAR PROJECTVNLLINSTALLAN UNDERGROUND GENERATIONTIELINE 6 [—LL L �. 16. N VNTHI N AN EASEMENT ON TAX MAP PARCELS 44-A-29],55-A-134,55-A-135,44-A-295& 44A-294A. c.ox a.wcELs l� _L/L LI 2. PROJECT VN LL SUPPLY ELECTRI CITY I PLO THE RAPPAHAN N OCR ELECTRI C GO OF ° f W w 346KV ELECTRIC LINE. _ '} *� 3. FUTURE ROUTE 37 EAST THE FREDERICK COUNTY COMPREHENSIVE PLAN SHOWS THE PPOPOSEoS iEENiPaN[E T \+ PLANNED ALIGNMENT OF FUTURE ROUTE 37 EASTEXTENDING ACROSSTHE PROJECT ® souvavw.vaysa vq� SITE.THE DEVELOPERVNLL DESIGN THE FACILITYTOACCOMMODATE POTENTIAL - CONS TRUCTIONOFFUTURE ROUTE 3]EAST DURING THE FACILITY S LIFE CYCLE TO LI FI 11111 THATEND,THE FOLLOVNNG DESIGN MEASURES WILL BE APPLIED. P owwrur "(M SO LAR PHOTOVOLIII C PANELS LOCATED VNTHIN THE PLANNED ROUTE 37 EAST COR RI DORVNLL BE PLACED TO ENABLE REMOVAL VNTHOUT COMPROMISING uwosuwEeur.oxvEuwx i LLL LL cj FACILITY OPERATION. b _L LLLq • PERMANENT ENTRANCES TO THE FACILITY WILL BE LOCATED TO THE NORTH AND ww.Ev fa O SOUTH OF THE PLANNED ROUTE S]EAST CORRIDOR TO AVOID THE NEED FOR 0 T> RE EFLER PADSNAND/ORREDESIGN. Ews. w� RIN ELOCA R PADS,UNDERGROUND COuFcnoN LINES,AND RELATED M PROVEM ENTS VN LL BE PLACED TO M I N I M BE TH E N PER FOR RELOCATI ON. 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D FI.FDAFI.N 1111HILL AP o F ®o=o��.E �P �PaO.�. e� P� �w Mo _ .a O.�E E�E �_��� a aaaa ==a — ssa ————————————-- ————— «R — =no �o w o. s� s� �wa �sa s� wa � W aw a= ED LLNIX 11--P Eli ALTERNATIVE 1 ENTRA CE 3('AFOODS M I FL)SI GHT DI STAN CE PROFILE (EXISTING PRIVATE ENTRANCE) NITEE �FRIF—THINTHE R—IINFUGTINO—ILTHE FI.-LINETI FE'HEADED I HRIHEIT DEFINN IlRRENTl IN IINIEPTIAL F—EE AND El. DIETANIE PRIFILEE HAVE FEEN DElEXFPED FRI.AGAILAELE DATA NITIDNIIIIA RIAL,FIEllIRl AND OTHER RELEVANT V F"R,EE FAA FINAL DEIIIN IT TO VERDI OPTION AND AD111TI ENT DIRINI F5 'o VIN AX Eli ALTERNATIVE 2 ENTRANCE 3(VOODS M ILL)SIGHT DISTANCE PROFILE 11— —LE, lAFR 1000 10"', ORIDEN AGroupCompanyof MITSUBISHI PO °N. Frederick County Impact Analysis Statement for ,r fConditional Use Permit Application J Redbud Run Solar LLC 106 Isabella St, Suite 400 ►. ' - Pittsburgh, PA 15212 top ik --A X11110 `♦♦♦�1 ♦ +' ♦11 ♦♦♦ ♦ , ♦♦; ♦� ie 16 r "� ♦♦:�: . ��j♦��� L'����� ` 100 0, s ♦ • ♦ ♦ ��♦ '10000111111 00 00 0 00 P 00 OPP �W / �►� ♦ iiiii;o 2 0 ORIDEN Table of Contents ProjectNarrative.........................................................................................................................................3 Descriptionof the Owner..............................................................................................................................3 Descriptionof Property.................................................................................................................................3 Compliance with County Regulation.............................................................................................................5 ProjectOverview.........................................................................................................................................5 a. Facility Summary..............................................................................................................................5 b. Construction Schedule......................................................................................................................6 c. Operations and Maintenance Plan ...................................................................................................6 ImpactAnalysis ..........................................................................................................................................6 EcologicalResources ...................................................................................................................................7 a. Water Resources..............................................................................................................................7 b. Protected Species.............................................................................................................................8 CulturalResources .......................................................................................................................................8 Economics ....................................................................................................................................................9 CommunityOutreach....................................................................................................................................9 Safety..........................................................................................................................................................10 Traffic..........................................................................................................................................................10 PrimeFarmland ..........................................................................................................................................11 Visual..........................................................................................................................................................11 Air& Noise..................................................................................................................................................11 Consistency with Frederick County Comprehensive Plan...................................................................12 PotentialRoute 37 East Bypass .................................................................................................................12 DecommissioningPlan............................................................................................................................13 ProjectContacts.......................................................................................................................................13 3 0 ORIDEN PROJECT NARRATIVE This Impact Analysis Statement has been prepared in support of a Conditional Use Permit ("CUP") application submitted by Redbud Run Solar LLC ("Redbud Run Solar" or "Applicant"), a wholly owned subsidiary of Oriden LLC ("Oriden", "Facility Owner" and "Operator"). Oriden is the renewable energy development arm and a group company of Mitsubishi Power Americas, Inc. ("MPA"). Redbud Run Solar plans to construct a small utility-scale solar energy facility("Facility")in Frederick County, Virginia. The proposed Redbud Run Solar project("Project")will have a project nameplate of up to 30 MWac and will be located on a tract of land containing approximately 263 acres of pasture and timberland adjacent to Woods Mill Road (VA Route 660), of which approximately 150 acres will be developed with solar panels and related facilities enclosed by security fencing. DESCRIPTION OF THE OWNER Oriden is comprised of a team of experienced renewable project development professionals that have over 3 GW of development and 752 MW of operational asset experience. Oriden is a full-service renewable energy developer from concept to operations, with capabilities spanning across site selection, environmental and regulatory permitting, interconnection, power marketing, project financing, EPC, and O&M. As a wholly owned subsidiary of Mitsubishi Heavy Industries, Ltd ("MHF) and MPA, Oriden has access to a large balance sheet that is capable of supporting the Project's financing requirements. Since its inception in 2019, Oriden has developed a diverse portfolio of solar photovoltaic ("PV") and energy storage system ("ESS") projects across the U.S. including a sizable near-term development pipeline with growth potential backed up by long-term financial commitments. Oriden's first solar + energy storage project was constructed in late 2020 and currently has two other solar projects currently under construction that are slated to come online in early 2022. Together, the Oriden team members take pride in our 130 years of combined experience in the U.S. renewable energy industry. The team has taken a leading role in taking over 3 GW of renewable energy generation projects, as small as 1.5MW and as large as 370MW, from inception through development and into construction. Having navigated through the challenges of both early and late-stage developments, the team is well versed in the tasks required to overcome inevitable obstacles and advance projects into operations. DESCRIPTION OF PROPERTY The Project is located approximately 2 miles east of Interstate 81, roughly 0.5-miles north of Berryville Pike (VA Route 7) near the intersection of Woods Mill Road (VA Route 660) and Pine Road (VA Route 661) in the Stonewall Magisterial District. The Project consists of a total of nine (9) parcels. Two of the parcels, totaling approximately 263 acres, are under lease option for the solar Facility, and two are under lease option for Facility access. The other five parcels are easement agreements for an underground, medium 4 A ORIDEN voltage electric line connecting the solar Facility to the pole-mounted Point of Interconnection ("POI") located approximately 0.5-miles northwest of the site. The parcels comprising the CUP application are as follows: Project Parcels Tax Map Number Owner Acreage Zoning Project Component 55-A-136 JRW Properties & 128.99 RA Solar Arrays and Equipment Rentals Inc 55-A-137 JRW Properties & 134.00 RA Solar Arrays and Equipment Rentals Inc 55-A-1-19 JRW Properties & 0.94 RA Facility Access Rentals Inc (Entrance 3 -Alternative 2) Facility Access 55-A-1-21 Robert L. Williams 2.57 RA (Entrance 3 -Alternative 1) and Underground Single-Phase Electrical Service 55-A-135 Ronald Lee Mary C. 6.00 RA Underground Interconnection Line 55-A-134 Allen R. Conner 11.00 RA Underground Interconnection Line 44-A-297 Allen R. Conner 13.78 RA Underground Interconnection Line 44-A-295 William M. Rexrode 3.89 RA Underground Interconnection Line Underground Interconnection Line/ 44-A-294A Tonie Wallace 176.25 RA Pole-mounted Point of Interconnection The four parcels proposed for development with solar PV arrays, related equipment, and Facility access are zoned RA, Rural Areas District. The parcels proposed for solar PV arrays are currently in various forms of agricultural use, including pasture, hayfield, and forestland. One parcel proposed for Facility access ("Alternative 1") includes an existing driveway, residence, and out-building. A second parcel proposed for Facility access ("Alternative 2") is vacant with mature woodlands. The five parcels proposed for locating the underground interconnection line and pole-mounted POI are also zoned RA and currently contain residential uses or are vacant. 5 0 ORIDEN COMPLIANCE WITH COUNTY REGULATION In accordance with Section 165-401.03.CC. of the Frederick County Zoning Ordinance ("Zoning Ordinance"), a utility-scale solar power generating facility is permitted in the RA District with approval of a Conditional Use Permit ("CUP"). The Concept Plan submitted with the CUP application demonstrates compliance with applicable requirements of the RA District as well as other relevant provisions of the Zoning Ordinance, notably concerning protection of environmental features. Utility-scale solar power generating facilities are further subject to the Additional Regulations for Specific Uses applicable to Public Utilities. Specifically, Section 165-204.26.2. requires a facility developer to enter into a written decommissioning agreement and obtain site plan approval prior to establishment of the use, both of which will be completed for the Project. Moreover, the required site plan will address the technical design standards of relevant review agencies internal and external to Frederick County, thereby ensuring compliance with applicable County and state regulations. PROJECT OVERVIEW a. Facility Summary The Facility will utilize mounted photovoltaic solar panels to convert sunlight into direct current ("DC") electricity, which will be converted to alternating current ("AC") electricity via solar inverters. These solar inverters will consist of skid-mounted inverters/transformers, and the total facility capacity will be up to 30,000,000 Watts (AC). The Facility will consist of approximately 71,000 photovoltaic ("PV")solar panels mounted on a solar racking system. The Project is expected to use a fixed tilt racking system. Fixed tilt panels will be installed in east to west rows, with the panels facing south. A preliminary site layout showing the approximate location and spacing of solar panels is provided as Attachment 1. The site layout will continue to be refined through the detailed engineering design phase. The inverters will balance the module output in terms of voltage and current in DC power and then invert the power into 630-volt AC power output. Each skid will hold inverters and one padmount transformer to transform the voltage to 34.5 kV. The Project will include the following key components: • Rows of PV panels mounted on posts driven into the ground. Rows of panels are typically spaced 20-40 feet apart to minimize shading from each racking table. Each post is placed individually in an effort to minimize the amount of on-site grading. Redbud Run Solar is planning to build solar arrays on racks that would cover approximately 103.3 acres, or 39%, of the Facility area. • Electrical collection and communications lines are either mounted on the racking, buried in conduits, or located on overhead utility poles. • Communication and facility control system and related equipment. • Unpaved on-site access roads 14-ft wide with sufficient turning radii, grassy and gravel driving aisles, and three entrances from Woods Mill Road allowing a maintenance vehicle to drive around the solar array. • Chain link security fencing located around the perimeter of the solar array areas spaced 15ft-25ft from the racking tables. 6 0 ORIDEN • Stormwater, erosion and sedimentation control features and basins are located in the solar array areas based on preliminary civil engineering recommendations. • Temporary construction staging areas. The Project will interconnect to the Redbud-Gaylord 34.5 kV Rappahannock Electric Cooperative ("Rappahannock") line located approximately 0.5-mile northwest of the site. Power will be delivered to the POI via an underground medium voltage electric line within a 30-foot-wide easement. Interconnection applications were submitted to PJM Interconnection ("PJM") and Rappahannock in July 2020 and studies are in progress. An Interconnection Agreement is expected to be executed for the Project in 2022. b. Construction Schedule Upon completion of all permitting requirements, construction of the Project is anticipated to take approximately nine to twelve months, from issuance of notice to proceed, to achieve commercial operation. Construction is anticipated to begin with civil site work in late 2022, with equipment installation to begin in early 2023. The proposed commercial operation date is December 2023 with final site restoration activities (e.g., site clean-up, finish grading, seeding, and mulching)to occur in early 2024. c. Operations and Maintenance Plan Redbud Run Solar is evaluating multiple Tier 1 O&M contractors for this Project. The contractor will have a dedicated team of field service engineers and technicians who actively oversee the quality and performance of the Project by using preventive, corrective, and predictive maintenance approaches. Each of these methods employs some or all of a number of services to include, but not limited to, performance monitoring and diagnostics, energy forecasting, warranty administration, and preventative maintenance, which could include module cleaning, IV Curve analysis, thermographic & aerial imaging, vegetation control, Supervisory Control and Data Acquisition ("SCADA") systems, and parts replacement. The scope of O&M would further include scheduled and unscheduled maintenance. The scheduled maintenance is outlined by equipment manufacturer product manuals, and the unscheduled maintenance would involve fixing problems once they occur. Given Oriden's capability to leverage the in-house knowledge of our team member's past professional experience as both asset managers as well as operators, combined with preferred O&M firm's vast experience and knowledge of O&M services, we are confident that the exacting specifications for facility performance will be met. IMPACT ANALYSIS In accordance with Section 165-103.02 of the Zoning Ordinance, the Board of Supervisors must consider several standards when deciding whether to approve a CUP request. The intent of these inter-related standards is to protect the health, safety, and welfare of County residents and ensure the proposed use will not adversely impact the surrounding community. The Project satisfies the standards for approval as follows: • The Project is a passive land use that will be integrated into the landscape in a manner that is harmonious with the established rural character of the area. The Project will maintain the existing size and configuration of the subject parcels and will generally follow existing topography. By forestalling subdivision of the property, the Project will ensure that the established pattern of 7 0 ORIDEN development in this area is preserved. Additionally, the Project's operation will not add traffic to the rural road network, nor will noise, light, or vibrations be generated, which will avoid disturbance to the existing rural character of the area. • The Project's passive nature will further promote its harmonious co-existence with surrounding properties. In addition to its lack of traffic-, noise-, light-, or vibration-related impacts, the Project's design will avoid and minimize adverse effects to the viewsheds enjoyed in the surrounding area. Mature trees will be preserved along existing stream and drainage channels within the site as well as along site boundaries. Where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping will be planted. The combination of tree preservation and new landscape plantings will mitigate potential visual impacts to surrounding properties and protect rural viewsheds. • The Project will advance the goals and policies of the Frederick County Comprehensive Plan by establishing an interim use of agricultural land that will preempt residential subdivision and generate revenue for both the owner and County for the duration of the Project lease. By forestalling subdivision, the Project will preserve the subject acreage for future agriculture or other rural use and promote the directing of new residential growth away from the rural areas to the Urban Development Area ("UDA"). • The Project will preserve the natural character of the subject acreage and surrounding area through site design that integrates and protects interconnected environmental resources, to include streams, riparian buffers, steep slopes, and mature vegetation. Such onsite resource protection supports the contiguity and cohesiveness of natural corridors that extend onto adjoining properties, thereby promoting the vitality of wildlife habitats and other ecosystems in the surrounding area and County overall. • The Project is a passive use that will neither require nor impact public services. Project operations will not generate any daily vehicular traffic,as access will only be required for periodic maintenance activities. Such access will be provided by three entrances on Woods Mill Road, the existing condition of which is adequate to accommodate the Project's limited vehicular trips. Installation of the Project entrances will further occur in accordance with applicable VDOT design and permitting requirements. The Project can be developed without impacting drainage conditions in the surrounding area and will be designed to comply with current County and state stormwater management requirements. The Project will therefore be adequately served by existing and planned infrastructure. • The Project will conform to the applicable regulations of the RA, Rural Areas District. Notably, the required setbacks of the district are used to establish the perimeter boundaries of the solar array land bays, wherein all Project structures and equipment will be located. Moreover, setbacks have been increased voluntarily to 100 feet where possible in response to community feedback. A detailed analysis of Project impacts is provided in the following sections. ECOLOGICAL RESOURCES a. Water Resources Field surveys conducted by Pennoni in November 2020 and September 2021 identified stream and wetland resources within the Project area. The Project has been designed to avoid direct impacts to these sensitive 8 0 ORIDEN resources. Underground medium voltage electric lines will be installed below two perennial streams (unnamed tributaries to Opequon Creek) and one wetland via conventional bore to avoid impacts. A request for a Preliminary Jurisdictional Determination ("PJD") was submitted to the U.S. Army Corps of Engineers ("USACE") in August 2021. A supplemental PJD request for additional properties studied this Fall was submitted in October 2021. Whereas an applicant may pursue an Approved JD when the jurisdiction of a particular resource is in question, a PJD is typically pursued in instances where the applicant presumes all streams and wetlands delineated are under federal jurisdiction. USACE's PJD is expected in February 2022. A copy of the PJD will be forwarded upon receipt. The streams identified within the Project area by Pennon is delineation differ from those depicted by County GIS data in certain areas. Based on established practice, the County will accept the results of the delineation as the basis for site design with submission of the PJD indicating concurrence of the U.S. Army Corps of Engineers with Pennoni's findings. The CUP Concept Plan depicts stream resources per Pennoni's delineation and applies required riparian buffers accordingly. No Federal Emergency Management Agency ("FEMA") floodplains are within the Project area. Erosion and sediment control plans and stormwater management plans, designed in accordance with Virginia Department of Environmental Quality Erosion and Sediment Control Regulations and Stormwater Management Program Regulations, respectively, will be approved prior to any land-disturbing activity and the Project's Building Permit issuance. No water supply or sewage facilities are needed for the Project. Routine maintenance, such as panel cleaning, may require water to be trucked in periodically. b. Protected Species Redbud Run Solar submitted a Project Review request to the Virginia Department of Conservation and Recreation ("DCR") in September 2021. DCR's response from October 2021 confirmed that no natural heritage resources have been documented within the Project boundary. DCR noted that the Project is partly within an area identified by the Virginia Natural Landscape Assessment as including interior forest habitat. This area received the lowest rating, indicating that it is least ecologically relevant. As recommended by DCR, Redbud Run Solar has designed the Project to minimize fragmentation by locating the facility primarily around existing open fields to minimize forest clearing, and by avoiding disturbance in natural forested riparian corridors throughout the site to provide connectivity for wildlife habitat. Redbud Run Solar also completed a review of the information and data available through the Virginia Department of Game and Inland Fisheries' ("VDGIF") Fish and Wildlife Information Service ("FWIS") and Wildlife Environmental Review Map Service ("WERMS"). No sensitive resources were identified within the Project area. A copy of the protected species search results and consultations is provided as Attachment 2. CULTURAL RESOURCES Cardno was commissioned to review the Virginia Department of Historic Resources ("DHR") CRIS and complete Cultural and Historic Resource fieldwork to allow the Project to meet the VA Department of 9 0 ORIDEN Environmental Quality ("DEQ") Permit by Rule requirements. Cultural resource surveys were completed in May and September 2021,and the results were submitted to the DHR in December 2021.A Phase I Cultural Resource Identification Survey report ("Phase I Survey") is provided as Attachment 3. Cardno's Phase I Survey concluded that the Project site will not affect protected archaeological resources or sites that have historical, cultural, or sacred significance. The Phase I Survey further determined that the Project will not impact protected historic properties in the Project vicinity due to the combination of existing vegetation and topography.Virginia DEQ concurred with the survey methodology and findings in December 2021. A response from DHR is pending. ECONOMICS An analysis of the economic and fiscal impact was conducted by Mangum Economics, and the report is provided as Attachment 4. The Project would provide an estimated one-time pulse of economic activity to Frederick County during its construction phase supporting approximately 111 temporary construction jobs, $6.4 million in associated labor income, and $17.2 million in associated economic output (e.g., spending for food, lodging and other services).The estimated annual economic impact during operation of the Project would support approximately 2 jobs, $89,800 in associated labor income, and $236,100 in associated economic output. The Project will also make a significant fiscal contribution to Frederick County, through an estimated $0.5 million in state and local tax revenue from a one-time pulse of economic activity during Project construction. Over the anticipated 30-year operational life of the Facility, the Project is estimated to generate approximately $2.2 million in cumulative county revenue via real estate and machine and tool taxes, as compared to approximately$16,800 should the property remain in the current agricultural use. An analysis of the property values for adjoining properties was conducted by Kirkland Appraisals, and the report is provided as Attachment 5. The analysis concluded that the adjoining properties are well set back from the proposed solar panels. Most of the site has good existing landscaping for screening, and additional supplemental vegetation is proposed to supplement screening.The matched pair analysis shows no impact on home values due to abutting or adjoining a solar farm, as well as no impact to abutting or adjacent vacant residential or agricultural land where the solar farm is properly screened and buffered. The criteria that typically correlates with downward adjustments on property values (e.g., noise, odor, traffic) indicate that a solar farm is a compatible use for rural/residential transition areas and that it would function in a harmonious manner with this area. COMMUNITY OUTREACH Redbud Run Solarhas taken a proactive approach to engaging the local community. Conceptual Project design details have been shared with upwards of two dozen adjoining landowners, who have provided valuable feedback. Such feedback has generally been positive, particularly regarding the Project's planned vegetative screening; avoidance of riparian corridors, streams, and wetlands; and minimal to no impact on traffic, noise, and other disruptions when compared to a residential subdivision. As a result of community feedback, Redbud Run Solar has voluntarily adopted a 100-foot side and rear setback where possible, which in many areas exceeds the Frederick County minimum Ordinance requirement of a 50-foot setback. A community open house will be held at Historic Jordan Springs in February 2022. 10 0 ORIDEN SAFETY As utility-scale solar developments are a relatively new type of development, it is common for communities to have questions about potential health and safety impacts. Solar technology has been in use and studied for decades, with wide scientific consensus that solar PV does not contribute to any significant health dangers to the surrounding community. Solar equipment and facilities are designed to strict electrical safety standards for safe operation. Product safety standards, installation requirements, and building codes for solar facilities are addressed by the National Fire Protection Agency's National Electrical Code, the International Code Council's International Fire Code, the International Association of Firefighters, and several other safety and product standards groups. Redbud Run Solar will use Crystalline-Silicon PV panels. The structural component of these panels primarily consists of glass, an aluminum frame, and common plastics, while the functioning component (typically less than 5% of the panel weight) includes the silicon PV cells and electric leads and wires. While the panels contain small amounts of lead in soldering, this soldering is sealed within the panel away from moisture to avoid corrosion. A damaged panel results in significantly decreased power generation and is promptly replaced. Furthermore, toxicity characteristic leaching procedure ("TCLP") testing, which evaluates if heavily damaged panels in would leach hazardous substances in a landfill setting, does not indicate risks of leaching for Crystalline Silicon PV panels. The Project will also use inverters to convert the DC electricity from the panels to AC electricity for delivery to the power grid. This AC electricity produces electromagnetic fields at a very low frequency (i.e., low energy), which has less energy than radio waves, and is equally as harmless as the EMF generated by electricity and appliances within a home. The Project was submitted to the Federal Aviation Administration ("FAA") for an aeronautical study. The FAA determinations received in February 2021 indicate the Project will not be a hazard to air navigation. Redbud Run Solar, in collaboration with the O&M contractor, will be fully responsible for the security of the facility, for maintaining consistent safety standards within the Project area, and for communicating with first responders in the event of an emergency. Local first responders will be given training regarding safety and system shutdown procedures. Security lighting may be used in select locations where needed, but overall, the Project will not be lit. TRAFFIC Three permanent entrances are proposed on Woods Mill Road (VA Route 660)to provide vehicular access to each of the Project's solar array land bays. A temporary entrance is also proposed on Pine Road for use during the Project's construction phase. Traffic generation will be greatest during Project construction but will drop precipitously once the Project is operational and will remain virtually non-existent thereafter. In fact, the Project will not generate any daily traffic, as vehicular access will be limited to periodic site visits by the O&M contractor. As such, the Project will have no discernable impact on Woods Mill Road or the surrounding rural road network. 11 A ORIDEN Two locations are under consideration for access to the northernmost land bay (Entrance 3 -Alternative 1 and Alternative 2). Alternative 1 would utilize an existing driveway. Alternative 2 would require construction of a new entrance. Sight distance profiles indicate that sight distance requirements at Alternative 1 would not be met due to topography and fencing on an adjacent property; however, Redbud Run Solar intends to apply for an exemption from the sight distance requirements based on planned traffic safety measures and the advantages of utilizing an existing entrance.Alternative 2 is included with the CUP application to enable its use in the event VDOT does not approve the sight distance exemption for Alternative 1. Sight distance requirements can be met as-is or with minimal site work at the other proposed permanent entrances on Woods Mill Road. Supporting information is included with the Concept Plan. PRIME FARMLAND Approximately 50.2 acres (19%) of the Project area consist of soils classified as prime farmland, portions of which will be used for solar arrays and related equipment. The interim nature of the Project will enable these soils to be returned to active agriculture upon decommissioning, should the owner choose to do so. VISUAL Solar panels are designed to absorb as much light as possible; they are dark in color and are treated in anti-reflective coating such that they only reflect approximately 2% of incoming light, less than soil or even wood shingles. Solar panels have been approved by the Federal Aviation Administration for installation on and around airports across the country because of their low reflectivity. That said, the Project's design includes measures to minimize impacts to viewsheds enjoyed in the surrounding area. Mature trees and existing undergrowth will be preserved along existing stream and drainage channels within the site as well as along site boundaries at minimum depths ranging from 50 feet to 100 feet. Where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping will be planted, notably along the Project's frontage on Woods Mill Road. Such landscaping will consist of a double row of evergreen plantings six (6)-feet in height at time of installation, with the row closest to the road interspersed with deciduous plantings to create a more natural and aesthetically appealing visual screen. Coupled with the site's favorable topography, the combination of tree preservation and new landscape plantings will mitigate potential visual impacts to surrounding properties and protect rural viewsheds. Visualizations of the Project from Woods Mill Road are provided in Attachment 6. AIR & NOISE As with any construction project using conventional equipment, limited emissions from the exhaust of construction equipment will occur during the construction phase of the Project. The Erosion and Sediment Control Plan will be adhered to, minimizing the potential for fugitive dust impacts during construction activities. Once construction is complete, an operating solar farm is not a source of air emissions. Temporary, elevated noise levels will occur during the construction phase of the Project, but once construction is complete, an operating solar farm includes inverters and transformers which emit only minimal noise during the day and are dormant at night. Inverters and transformers are located internally within the facility, away from adjoining properties. In addition, Redbud Run Solar has proactively taken steps to minimize and mitigate visual impacts of the Project through vegetative buffers and setbacks from property lines,which enhance Facility safety and security considerations as well as provide additional sound 12 0 ORIDEN dampening benefits as well. Therefore, adjoining landowners will not experience noise impacts as a result of facility operations. CONSISTENCY WITH FREDERICK COUNTY COMPREHENSIVE PLAN The Frederick County Comprehensive Plan ("Comprehensive Plan") indicates that "utility-scale solar facilities are typically passive uses with limited impacts to the environment and rural character" that can "facilitate the preservation of agricultural and rural land for future use" and "provide opportunities for landowners to recoup value from their property without subdividing" (Chapter IV, p. 35). As such, the Comprehensive Plan is generally supportive of establishing this land use in appropriate areas, with the CUP process identified as the mechanism for ensuring that surrounding properties are protected from potential impacts. The topography and configuration of the Project site enable the proposed utility-scale solar facility to be established and operated without adverse impact to surrounding properties or the prevailing rural character of the area. Specifically, the terrain is such that the solar arrays can be effectively screened from view from Woods Mill Road and adjoining properties through a combination of existing mature vegetation and new landscape plantings.Additionally, streams and riparian corridors within the site include substantial areas of mature woodlands, the preservation of which will provide continuity to existing viewsheds after Project development. These unique characteristics combine to make the subject property an appropriate location for a utility-scale solar facility consistent with the Comprehensive Plan. The Project also represents an alternative means of revenue generation for the property owner that does not require residential subdivision, and further enables the owner to return the property to active agriculture after the lease term ends and the facility is decommissioned. These outcomes promote the inter-related goals and policies of the Comprehensive Plan concerning residential development and farmland preservation. Specifically, by forestalling subdivision of the property,the Project eliminates the potential for by-right residential development on 263 acres of rural land for the duration of the lease term(30 years). As such,the Project will facilitate direction of residential growth away from the rural areas and toward the UDA, where it is desired. Additionally, the required decommissioning process will enable the property to be returned to active agriculture, effectively preserving valuable farmland for future use. POTENTIAL ROUTE 37 EAST BYPASS The Comprehensive Plan includes a potential expansion of the Route 37 East Bypass, a portion of which crosses the proposed Project site. To the applicant's knowledge, right-of-way has not been acquired and VDOT funding has not been allocated for the bypass expansion; however, the Comprehensive Plan indicates that it is a priority for the county's long-term planning. Therefore, the facility design will accommodate potential construction of the future Route 37 East Bypass during the facility's life cycle. To that end, the following design measures will be applied: • Solar PV panels proposed within the planned Route 37 East Bypass corridor will be placed strategically to enable removal without compromising facility operation. • Permanent entrances to the facility will be located to the north and south of the planned Route 37 East Bypass corridor to avoid the need for relocation and/or redesign. • Inverter pads, underground collection lines, and related improvements will be placed to minimize the need for relocation. 13 0 ORIDEN • Underground collection lines crossing the planned Route 37 East Bypass corridor will be appropriately encased during installation to support continuous and safe operation in the event of road construction. Redbud Run Solar will also commit to working with VDOT on ensuring the compatibility of the facility with the potential bypass, should the road's construction ultimately move forward. DECOMMISSIONING PLAN At the end of the project's life, the Project infrastructure will be decommissioned and removed. As added protection for Project landowners and the County, Redbud Run Solar will put financial security in place within ninety (90) days of achieving commercial operation ensuring that neither the County nor the landowners will bear responsibility for decommissioning or restoration. A decommissioning plan has been prepared for the Project and is provided in Attachment 7.This plan will be refined to include cost estimates prior to County review and approval of the Site Plan. PROJECT CONTACTS Gary Verkleeren Director, Construction & Development 106 Isabella Street, Suite 400 Pittsburgh, PA 15212 P: (412) 915-9017 E: Gary.Verkleerena_OridenPower.com Ali Trunzo Manager, Development 106 Isabella Street, Suite 400 Pittsburgh, PA 15212 P: (412) 230-6684 E: Ali.Trunzoa_OridenPower.com Chris Mohn Principal / Director of Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 P: (540) 662-4185 E: CMohn@GreenwayEng.com R ORIDE AGroup Companyof MITSUBISHI POWER .." ,fix♦.,..��;_ � � '�+;-? 'a NN `• ,� Decommissioning Plan '; Redbud Run Solar Project Frederick County, Virginia Redbud Run Solar LLC 106 Isabella St, Suite 400 � Pittsburgh, PA 15212 a 010 40 40 0 to 00 000 0 00 0000 00 00 000 000 00 00 000 0 000 f ��� ��� ti: *1,�.� ♦*�'r� ♦��►�+►;. ♦ ;�� ♦moi 2 a! ORIDEN Table of Contents 1. Introduction ...............................................................................................................................................3 2. Decommissioning Process........................................................................................................................3 Sequenceof Activities............................................................................................................................3 Timing for Decommissioning ..................................................................................................................4 PartialDecommissioning........................................................................................................................4 Completion of Decommissioning............................................................................................................4 3. Decommissioning Cost Estimate ..............................................................................................................4 4. Financial Security......................................................................................................................................5 Default by the Facility Owner..................................................................................................................5 3 O ORIDEN 1. INTRODUCTION This Decommissioning Plan ("Plan") has been prepared for the Redbud Run Solar Project ("Project") located in Frederick County, Virginia ("County"), and shall be binding on each successor and assignee ("Facility Owner"). The purpose of the Plan is to describe the decommissioning process for the Project. Pursuant to this Plan, a Decommissioning Cost Estimate will be provided for County review prior to the Site Plan approval and updated every five (5) years during the Project Life. The proposed Project is located on approximately 263 acres,with approximately 150 acres proposed within the fence line. The Project will interconnect to the Rappahannock Electric Cooperative 34.5kV line, located approximately 0.5-mile north of the site. The Project is expected to operate for a minimum of 30 years based on the anticipated useful life of the facility equipment and warrantees thereof. 2. DECOMMISSIONING PROCESS The expected life of the Project is the period during which the facility can produce electrical energy ("Project Life"). The Project has been designed for a lifespan of 30 years or greater. At the end of the Project Life, or earlier in the event of abandonment of all or a portion of the Project, the Facility Owner shall decommission the Project, or a portion thereof. Most components of the Project are composed of valuable recyclable materials, including glass semiconductor material, steel, aluminum, and wiring, and will therefore be salvageable, recyclable, reusable, or resaleable. At the conclusion of the Project Life, these components are typically removed, dissembled (if applicable), packaged and shipped for re-sale or to a salvage/recycling facility or other processing facility where possible, or to a landfill for disposal. SEQUENCE OF ACTIVITIES The following sequence of activities is anticipated for decommissioning: 1. Access roads are repaired/reinforced as necessary to support heavy equipment traffic. 2. Sediment control systems are installed according to best management practices ("BMPs") to control erosion and protect neighboring properties and sensitive resources. 3. The facility is disconnected from the utility power grid and solar arrays are de-energized. 4. Solar modules are disconnected, collected, and either shipped to another project, salvaged, or submitted to a collection and recycling program. 5. Electrical interconnection, wiring, and distribution cables are removed and recycled off-site by an approved recycler. Inert materials below a depth of 36 inches may be abandoned in place if removal would result in greater disturbance. 6. Array steel piles and racking are removed and recycled off-site by an approved metals recycler. Inert materials below a depth of 36 inches may be abandoned in place if removal would result in greater disturbance. 7. Electrical and electronic devices, including transformers and inverters are removed and recycled off-site by an approved recycler. 4 O ORIDEN 8. Concrete pads (if used for the transformers and inverter blocks) are removed and recycled and/or repurposed. 9. Fencing is removed and recycled off-site by an approved recycler. 10. Project access and internal roads can either remain onsite should the landowner choose to retain them, or be removed and the gravel repurposed either on-or off-site. 11. Unless agreed otherwise by the landowner, the Project site is restored to pre-construction conditions, to the extent feasible, by de-compacting subsoils (if required) and revegetating disturbed land. Restoration will be completed in consultation with the landowner(s) in accordance with applicable land use regulations in effect at the time of Decommissioning. The Project is not expected to generate hazardous materials. In the unlikely event that hazardous materials, as defined by federal, state and/or local laws, are encountered, the Facility Owner shall dispose of such materials in accordance with applicable federal, state and local laws and regulations. TIMING FOR DECOMMISSIONING Decommissioning will commence upon the earlier of: (i) Completion of the Project Life; or (ii) Abandonment of the Project or any portion thereof. If the Project or 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 amicably any dispute arising out of or in connection with this Decommissioning Plan, then such dispute shall be resolved by an action filed in the Circuit Court of Frederick County, Virginia. PARTIAL DECOMMISSIONING If 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. 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. 3. DECOMMISSIONING COST ESTIMATE The Facility Owner shall provide an estimate of the cost to decommission the Project (the "Decommissioning Cost Estimate") prepared by a Virginia Licensed Engineer prior to Site Plan approval. The Decommissioning Cost Estimate will account for the gross estimated cost to perform 5 O ORIDEN decommissioning and account for administrative and inflation factors as well as the estimated resale and salvage values associated with the Project equipment. A 10% reduction will be applied to the resale and salvage value. During the Project Life, the Facility Owner will provide an updated Decommissioning Cost Estimate to the County on every 5th year anniversary of the date when the Project first began to continuously deliver electric energy to the electric grid for commercial sales (the "Commercial Operation Date"). The updated Decommissioning Cost Estimate will account for inflation, cost and value changes, and advances in decommissioning technologies and approaches. 4. FINANCIAL SECURITY Financial security shall be in an amount equal to the Decommissioning Cost Estimate (the "Decommissioning Security"). The Decommissioning Security may be provided in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, and will be provided within ninety (90) days of achieving Commercial Operation Date. The Facility Owner shall adjust the amount of the Decommissioning Security to match the updated Decommissioning Cost Estimate after each update during the Project Life. The Facility Owner will only be required to provide one instrument or obligation equal to the Decommissioning Security to satisfy its obligations to both the County and the landowner. If the Facility is owned by a public utility company or an independent power producer with an investment grade credit rating with Moody's or Standard and Poor's (a "Qualified Company"), no financial security will be required. This does not negate the Facility Owner's financial security obligations to the landowner as established in the Lease Agreement. 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, 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. SOLAR FACILITY SITING AGREEMENT This Solar Facility Siting Agreement ("Agreement'), dated as of _(MONTH)_ _(DATE)_, 20 (the "Effective Date"), is by and between Frederick County, Virginia, a political subdivision of the Commonwealth of Virginia (the "Coup ") and Redbud Run Solar LLC a Delaware limited liability company ("Applicant'). The County and Applicant are herein each a"Pte" and collectively, the"Parties". RECITALS WHEREAS, the Applicant intends to develop, install, build, and operate a ground-mounted solar photovoltaic electric generating facility ("Project") on certain parcel(s) of land identified as Frederick County Tax Map Parcels 55 A 137, 55 A 136, 55 A 1 19, 55 A 121, 55 A 135, 55 A 134, 44 A 297, 44 A 295, and 44 A 294A (collectively, the "Pro e "); WHEREAS, Pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia titled "Siting of Solar Projects and Energy Storage Projects"Applicant and the County may enter into a siting agreement ("Siting Agreement") for solar facilities in those census tracts which meet the eligibility requirements for designation as a qualified opportunity zone by the U.S. Secretary of the Treasury via his delegation to the Internal Revenue Service; WHEREAS,the Project is located in census tract numbers 511.04 and 501 within Frederick County and eligible for a designation as an opportunity zone; WHEREAS,pursuant to Virginia Code §§ 15.2-2316.6 et seq., the Project is eligible for a Siting Agreement; WHEREAS, after negotiation between the County and the Applicant, the Parties desire to enter into this Agreement to mitigate certain potential impacts of the Project. WHEREAS, pursuant to Virginia Code § 58.1-2636, the County has not adopted an ordinance assessing a revenue share of up to $1,400.00 per megawatt, as measured in alternating current(AC) generation capacity of the nameplate capacity of the Solar Facility ("Solar Revenue Share"), but may choose to do so at a later date; WHEREAS, Pursuant to Virginia Code § 58.1-3660, if the County adopts the Solar Revenue Share,the solar photovoltaic(electric energy)systems associated with the Project,which are considered "certified pollution control equipment;" will be exempt from all state and local taxation pursuant to Article X, Section 6(d)of the Constitution of Virginia(the"Tax Exemption"); WHEREAS, until such time as the County adopts a Solar Revenue Ordinance, such certified pollution control equipment will be subject to local machinery and tools taxation as provided by state law and local ordinances, including § 58.1-3660 (C) and (D), commonly known as the Machinery and Tools Tax Stepdown ("M&T Stepdown"); Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 1 of 10 WHEREAS, the Applicant has agreed to the payments and financial terms contained herein; WHEREAS, pursuant to the requirement of Virginia Code § 15.2-2316.8 (B), the County has held a public hearing in accordance with subdivision A of Virginia Code § 15.2-2204 for the purpose of considering this Agreement, after which a majority of a quorum of the members of the Frederick County Board of Supervisors approved this agreement; NOW, THEREFORE, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia, intending to be legally bound hereby and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and Applicant do hereby agree as follows: Article I Proiect Features, Conditions and Mitigation 1. CUP Conditions. The Applicant acknowledges and agrees that it is subject to all the terms and conditions contained in any conditional use permit("CUP") approved by the Board of Supervisors for the Project. The CUP approved by the Board on _(MONTH)__(DATE)_, 20 is attached hereto as Exhibit A and is hereby incorporated herein.Violation by the Applicant or by any of Applicant's agents, assigns, or successors in interest of any terms and conditions of the CUP or of any other applicable zoning requirements shall constitute a violation of this Agreement. 2. Annual Valuation of Real Property. As a condition precedent to County approval of this Agreement, Applicant agrees to provide County with current copies of a summary of the annual lease payment amounts for each parcel being leased for the Project. Applicant may redact any other information deemed confidential tax information or proprietary/trade secrets. Thereafter, should the payment terms be amended in any such lease agreements,the Applicant shall forthwith provide such information to the County. Applicant further agrees to include as a condition in any agreements transferring ownership of the Project entered into by Applicant a requirement that any successor in interest shall provide such information to the County. 3. Annual Valuation of Taxable Equipment;Updates. Prior to the Commercial Operation Date, Applicant agrees to provide County with a detailed list of capital equipment related to the Project,including but not limited to solar photovoltaic equipment proposed to be installed,whether or not it has yet been certified as pollution control equipment by the State Corporation Commission or Virginia Department of Environmental Quality, and lists of all other taxable tangible property related to the Project. Thereafter, on an annual basis, Applicant shall provide County with any updates to this information, including but not limited to all new or replacement solar panels and all other equipment located on the Property. Applicant agrees to provide the County all information it may in the future provide to the Virginia State Corporation Commission for the Commission's use in valuing such property for taxation purposes. Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 2 of 10 4. Decommissioning and Periodic adjustment of Surety Bond. The Parties agree that a surety bond to cover the costs of decommissioning Applicant's facilities is required as a condition in the CUP. Further,the Applicant recognizes the protection this provides for the County taxpayers and does not desire to shift that expense to them should the Applicant or its successors or the landowner not be able to comply with the decommissioning requirements; and County recognizes that the surety bond is an expense to be incurred by the Applicant encumbering funds that could otherwise go directly towards investing in the Project or other potential projects. In recognition of these factors, the Parties desire for the bond and the costs for such to accurately reflect the associated decommissioning costs being insured. Therefore,the Applicant, or its successor, agrees to update the gross estimated costs of decommissioning every five years. The bond or surety amount shall be adjusted accordingly to ensure it accurately reflects the costs associated with decommissioning. 5. Right of Entry for Enforcement and Decommissioning. a. Enforcement. Applicant and the County acknowledge and agree that the County, its personnel and duly authorized agents shall have the express right of entry, subject to any of Applicant's safety and facility policies, upon the Project parcels for the purposes of inspecting solar panels and all appurtenant facilities.The County shall provide twenty-four (24) hour notice to the Applicant prior to making such entry for any inspection or enforcement purposes.No prior notice shall be required to enter the Project in the event of an emergency that constitutes an immediate danger to life or property. b. Decommissioning. If the Applicant fails to decommission the Project at the end of the Project and usage thereof and subject to opportunity to cure, the County shall have unrestricted access the Project to effect any and all tasks, as necessary, to decommission solar panels and all appurtenant facilities and restore the parcels to substantially the same condition that existed prior to construction of the solar facilities, or as otherwise agreed with landowner, and as provided by Va. Code § 15.2-2241.2, as it may be amended through the Termination Date as defined in this Agreement. Such access rights shall remain in effect through decommissioning regardless of whether Va. Code § 15.2-2241.2 is repealed or otherwise limited in scope from the access rights it provides the County as of the date of execution of this Agreement. Article II Pavment Structure 1. Capital Payments. a. Within thirty (30) after the Commercial Operation Date (as hereinafter defined), the Applicant shall make a one-time payment to the County in the amount of Two Hundred and Fifty Thousand Dollars($250,000.00)(the"Payment").For the purposes of this Siting Agreement, the Commercial Operation Date will be the earlier of. i) ninety (90) days Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 3 of 10 following the first delivery of energy to the transmission system (as communicated by Applicant and verified by the transmission system owner within ten (10) days following the first delivery of energy) or ii) the Commercial Operation Date as established in the Applicant's PJM Interconnection Services Agreement. b.The Payment is separate and distinct from the amounts owed pursuant to any machinery and tools taxes on equipment pursuant to Article 2, Chapters 35 of Title 58.1 of the Code of Virginia and applicable County Ordinances, and all real estate taxes owed pursuant to Title 58.1, Subtitle III, Chapter 32 of the Code of Virginia. 2. Statutory Structure of Payments; Statement of Benefit. The Applicant agrees that by entering into this Agreement, pursuant to Virginia Code § 15.2-2316.6 et seq., the Payments are authorized by statute and that it acknowledges, it is bound by law to make the Payments in accordance with this Agreement. The Parties acknowledge that this Agreement is fair and mutually beneficial to them both. As of the date of this Agreement, the County has not adopted a Solar Revenue Share Ordinance as provided under Virginia Code § 58.1-2636, and the Payments under this agreement are not conditioned upon the County adopting such ordinance. Should the County at a later date adopt a Solar Revenue Share Ordinance, the County acknowledges that payments under this Agreement shall be suspended until the County and the Applicant should mutually agree to modify and/or terminate this Agreement. Applicant acknowledges that this Agreement is beneficial to Applicant in allowing it to proceed with the installation of the Project with clear project design terms,which provide for mitigation of effects on the surrounding properties and the Frederick County community. Additionally, Applicant acknowledges that this Agreement provides for a clear and predictable stream of future payments to the County in values fair to both Parties. 3. Use of Payments by the County. The County plans to apply The Payments to critical infrastructure projects to improve citizen quality of life, including but not limited to expanding educational opportunities, health care (telehealth) and economic development through significant investments in broadband deployment throughout the County. Notwithstanding the above, the Payments may be used for any of the following purposes: (a) to fund the capital improvement program (CIP) of the County (b) to meet needs of the current fiscal budget of the County, (c) supplement or establish any fund for which the County maintains a balance policy; (d) support broadband funding, all as permitted § 15.2-2316.7. Article III Miscellaneous Terms 1. Term; Termination. This Agreement shall commence on the Effective Date and shall continue until the Termination Date. The Applicant shall have no obligation to make Payments after the Termination Date. The Payment due for the year in which the Project or material part thereof is decommissioned shall be prorated as of the Termination Date. The termination of this Agreement shall not limit the Applicant's legal obligation to pay local taxes in accordance with applicable law at such time and for such period as the Project remains in operation. Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 4 of 10 2. Mutual Covenants. The Applicant covenants to the County that it will pay the County the amounts due hereunder when due in accordance with the terms of this Agreement, and will not seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity of this Agreement. So long as Applicant is not in breach of this Agreement during its term, the County covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise take a position adverse to the purpose or validity of this Agreement. 3. No Obligation to Develop. The Applicant has no obligation to develop the Project and this Agreement, except as otherwise provided, does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation Date shall not trigger payment under this paragraph. It is understood that development of the Project by Applicant is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement. 4. Successors and Assigns. This Agreement will be binding upon the successors and assigns of the Applicant. If Applicant sells,transfers,leases or assigns all or substantially all of its interest in the Project, Applicant will require this Agreement to be assumed by and be binding on the purchaser, transferee or assignee. Upon such assumption, the sale, transfer, lease or assignment shall relieve the Applicant of all obligations and liabilities under this Agreement accruing from and after the date of sale or transfer, and the purchaser or transferee shall automatically become responsible under this Agreement. The Applicant shall execute such documentation as reasonably requested by the County to memorialize the assignment and assumption by the purchaser or transferee. 5. Memorandum of Agreement. This Agreement or memorandum of this Agreement, in a form acceptable to the County Attorney, shall be recorded in the land records of the Clerk's Office of the Circuit Court of the County of Frederick, Virginia. Such recordation shall be at the Applicant's sole cost and expense and shall occur as soon as reasonably practicable after the full execution of this Agreement. If the Applicant chooses to not develop the Project, in its sole discretion, the County shall execute a release of the memorandum filed in the aforementioned Clerk's Office. 6. Notices. Except as otherwise provided herein, all notices required to be given or authorized to be given pursuant to this Agreement shall be in writing and shall be delivered or sent by registered or certified mail, postage prepaid, by recognized overnight courier, or by commercial messenger to: Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 Attn: County Attorney's Office Redbud Run Solar LLC c/o William Miller Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 5 of 10 106 Isabella Street, Suite 400 Pittsburgh, Pennsylvania 15212 The County and Applicant, by notice given hereunder, may designate any further or different persons or addresses to which subsequent notices shall be sent. 7. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by and construed in accordance with the laws of the commonwealth of Virginia, without regard to any of its principles of conflicts of laws or other laws which would result in the applicable of the laws of another jurisdiction. The Parties hereto (a) agree that any suit, action or other legal proceeding, as between the Parties hereto, arising out of or relating to this Agreement shall be brought and tried only in the Circuit Court of Frederick County,Virginia,(b)consent to the jurisdiction of such court in any such suit, action or proceeding, and (c) waive any objection which any of them may have to the laying of venue or any such suit, action, or proceeding in such court and any claim that any such suit, action, or proceeding has been brought in an inconvenient forum. The Parties hereto agree that a final judgment in any such suit, action, or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 8. N/A 9. Severability; Invalidity Clause. Any provision of this Agreement that conflicts with applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict,voidness or unenforceability without invalidating the remaining provisions hereof,which remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If, for any reason, including a change in applicable law, it is ever determined by any court or governmental authority of competent jurisdiction that this Agreement is invalid then the parties shall, subject to any necessary County meeting vote or procedures,undertake reasonable efforts to amend and or reauthorize this Agreement so as to render the invalid provisions herein lawful,valid and enforceable. If the Parties are unable to do so, and if the fundamental purpose and terms of this Agreement are no longer effective as mutually agreed between the Parties, this Agreement shall terminate as of the date of such determination of invalidity, and the Property and Project will thereafter be assessed and taxed as though this Agreement did not exist. The Parties will cooperate with each other and use reasonable efforts to defend against and contest any challenge to this Agreement by a third party. 10. Entire Agreement. This Agreement and any schedules or exhibits constitute the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties hereto with respect to the subject matter hereof. No provision of this Agreement can be modified, altered or amended except in a writing executed by all parties hereto. 11. Force Majeure. A. "Force Majeure Event" means the occurrence of: (i) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder; Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 6 of 10 (ii) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the construction, operation, or maintenance of the solar facility, as for example but not in limitation,the interruption in the supply of replacement solar panels, and which is not attributable to any unreasonable action or inaction on the part of Applicant or any of its subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons; (iii) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for that are materially worse than those encountered in Frederick County during the twenty (20)years prior to the Effective Date; (iv)tempest,earthquake,or any other natural disaster of overwhelming proportions; disruption of operations resulting from any plane crashing into the solar facility to the extent that all or a substantial portion thereof it unable to generate electricity sufficient to meet Applicant's payment obligations hereunder; (v) discontinuation of electricity supply, or unanticipated termination of a power purchase agreement; (vi) other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts,including quarantines ordered by competent governmental authority in the event of a public health emergency, which in each case directly causes either parry to be unable to comply with all or a material part of its obligations under this Agreement. B. Neither Parry will be in breach of its obligations under this Agreement or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred. C. As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Parry invoking it will submit to the other Parry reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement. D. Applicant will, and will ensure that its Subcontractors will, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs)to: Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 7 of 10 (i) prevent Force Majeure Events affecting the performance of Applicant's obligations under this Agreement; (ii) mitigate the effect of any Force Majeure Event; and (iii) comply with its obligations under this Agreement. E. The Parties will consult together in relation to the above matters following the occurrence of a Force Majeure Event. F. Should paragraph (A) apply as a result of a single Force Majeure Event for a continuous period of more than 180 days then the parties must endeavor to agree any modifications to this Agreement (including without limitation, determination of new revenue sharing payments) that are equitable having regard to the nature of the ability of Applicant to continue to meet its financial obligations to the County. G. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either parry to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or(c) a party's financial inability to perform its obligations hereunder. 12. Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties hereto and their respective successors and permitted assigns, and no other person shall have any right, benefit,priority or interest in, under or because of the existence of, this Agreement. 13. Comprehensive Plan. Pursuant to Virginia Code Ann. § 15.2-2316.9, by entering into this Agreement, the County acknowledges that by operation of law, the Project is deemed to be substantially in accord with the Frederick County Comprehensive Plan under Virginia Code Ann. § 15.2-2232. In support thereof, Applicant shall apply the design measures described in the Conditional Use Permit application within the portion of the Project crossed by the potential Route 37 East Bypass. 14. Construction. This Agreement was drafted with the input by the County and Applicant and no presumption will exist against any Parry. 15. Counterparts; Electronic Signatures. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute but one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail/PDF or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. [signature page follows] Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 8 of 10 IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by the officers whose names appear below as of the Effective Date. REDBUD RUN SOLAR LLC By: Name: Title: FREDERICK COUNTY,VIRGINIA By: Name: Title: Chairman, Board of Supervisors Approved as to form: By: County Attorney Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 9 of 10 EXHIBIT A CONDITIONAL USE PERMIT Frederick County—Redbud Run Solar LLC Solar Facility Siting Agreement Page 10 of 10 SCHEDULE A ADDITIONAL VOLUNTARY PAYMENT SCHEDULE Applicant agrees to make the following additional Capital Payments, above and beyond its tax obligations: • $10,000 lump sum payment at the commencement of construction • $500 per Megawatt AC per year, starting from the Commercial Operation Date, with an annual escalator of 1.5% Frederick County—Redbud Run Solar,LLC Solar Facility Siting Agreement Page 11 of 12 SCHEDULE B CONDITIONAL USE PERMIT Frederick County—Redbud Run Solar,LLC Solar Facility Siting Agreement Page 12 of 12 ' - ! 1602 Village Market Boulevard SE Suite 330 Leesburg,VA 20175 T:703-449-6700 F:703-449-6713 www.pennoni.com January 31, 2022 ORIDN 21002 Oriden Power 106 Isabella Street, Suite 400 Pittsburgh, PA 15212 Attention: Ali Trunzo, Development Manager RE: Glare Assessment Report Redbud Run Photovoltaic Solar Array Frederick County,Virginia Dear Ms.Trunzo, Pennoni is pleased to submit the enclosed Glare Assessment Report prepared for the Redbud Run Photovoltaic Solar Array in Frederick County, Virginia to assess the potential for glare impacts to motorists northbound on Woods Mill Road and east and west bound on Pine Road. The results of our study are summarized as follows: Project Background The Redbud Run Solar project (the Project) is a proposed small utility-scale solar energy facility with a project nameplate of up to 30 MWac. The Project is located on a tract of land containing approximately 263 acres of pasture and timberland adjacent to Woods Mill Road (VA Route 660) and Pine Road (VA Route 661), of which approximately 150 acres will be developed with solar panels and related facilities enclosed by security fencing. Pennoni performed a Glare Assessment Report utilizing ForgeSolar's Solar Glare Hazard Analysis Tool (SGHAT) at the request of the Virginia Department of Transportation.This document assesses the results of the SGHAT modeling along with the Project setting and proposed mitigation measures (e.g., vegetation screening) to confirm that potential glare will not affect motorists on public roads adjacent to the Project. Project Setting and Proposed Screening The proposed Project contains favorable topography with existing vegetation that provides natural concealment while minimizing the nature and extent of viewshed impacts. These attributes were key contributors in assessing initial site feasibility. The Project is situated within a tract that is largely bordered by well-established trees.Solar arrays will adhere to the setbacks as specified in the Frederick County ordinances, with solar arrays no less than 60 feet from road rights-of-way. Setbacks have been increased voluntarily to 100 feet where possible in response to community feedback and to preserve mature trees along the site boundaries. Additionally, streams and riparian corridors within the site include substantial areas of mature woodlands, the preservation of which will screen significant portions of the solar arrays from surrounding viewsheds. There are no locations or instances due to the road alignment and southern facing solar panels where a motorist will be directly driving north or facing the primary orientation of the solar array. Where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping will be planted. Such landscaping will consist of a double row of evergreen plantings six (6)-feet in height at time of ORDIN 21002 January 31,2022 Page 2 Oriden Power Redbud Run Glare Study installation, with the row closest to the road interspersed with deciduous plantings to create a more natural and aesthetically appealing visual screen. Coupled with the site's favorable topography, the combination of tree preservation and new landscape plantings will mitigate potential visual impacts at adjacent roads. Pennoni understands that the proposed landscape screening will be included in the Project's Concept Plan submitted to Frederick County as part of the Conditional Use Permit application. Modeling Analysis The SGHAT modeling software utilized was developed in conjunction with Sandia Laboratories and is the most widely accepted glare modeling tool on the market. Additional documentation and more detailed descriptions about the fundamental workings of the SGHAT software can be found at ForgeSolar.com. SGHAT modeling is subject to various assumptions and limitations as identified within the Assumptions section of the report. For example, the model does not account for physical obstructions including buildings, tree cover and other geographic obstructions, does not rigorously simulate detailed system geometry and assumes clear, sunny skies year-round. Any prominent features(vegetation,terrain,structures, screening etc.) blocking the view of the PV array from the observer will also block potential glare from the PV array to the observer. In addition, shade across the array from local site features, for example, a high tree line along the eastern or western perimeter of the site may cast extensive shadows during the early morning and late afternoon sun-hours (when the sun angle is lowest in the sky). The timing of this phenomenon happens to correspond significantly with the time periods in the model that are predicted to have the highest potential for glare impacts. The model ignores any row spaces or gaps in the actual array and treats the entire PV area as if it has the potential to produce glare. The design of the array will further limit glare due to the inter-row spacing configuration and the ability of one row to block the view of the row behind it from an observer. Conclusion Pennoni evaluated the results of the SGHAT modeling in the context of the model limitations and the Project setting. Based on our review and analysis, Pennoni is of the professional opinion that the terrain characteristics and existing mature vegetation combined with new landscape plantings can provide a sufficient visual barrier between the solar arrays and the observation paths(Woods Mill Road and Pine Road) to prevent potential glare impacts to motorists on public roads adjacent to the Project. Should you require additional information please contact me at 703-840-4812. Sincerely, TH of L PENNONI ASSOCIATES' 1 (:;�;,_J) /Ally- AUL V. 114UUnoll ✓ =Noursi, PE Lie. No. 023541 Senior Engineer Enclosures pOR U:\Accounts\ORIDN\ORIDN21002-Red Bud-VA\DOC PREP\GLARE STUDY\2022.01.31 ORIDN21002 Glare Study Opinion Letter.docx Redbud Run Solar LLC Impact Analysis Statement for Conditional Use Permit Application O ORIDEN Attachment 6 Visualizations Building D6ag ostics i, flevtls t✓•.+ 4. Backbone , Location 3(Woods Mill Rd facing SSE) - NLveatio Woods Mill Rd facing SW} 'lan Location 1 Woods Mill Rd facrng ENE) Hott's Chapel �. Pentecostal Church {� Qrndorff Plumbing X� Redbud Run Solar Woods Mill Road—Location 1 w F y { r t d � � rw d mZy t my a �u z y e Prepared by Pennoni ORIDEN Redbud Run Solar Woods Mill Road—Location 1 r ! w. � 4F r, 1. � Pry � Prepared by Pennoni ORIDEN Redbud Run Solar WoodsLocation 15 ORIDEN Prepared by Pennoni �v - y...'s•�x� rr��i�. w.ia�c�'�!m"'^aeRA�''�'� ...:y9". - - w � � v� �1 ��►;.3F � 1 ���°},� � +ty„ � A ;���,.. ,e5,.. 4 �_-. .,'Ff'� ,��� z•. , 4 { �1 \ �4 e Redbud Run Solar Woods Mill Road—Location 3 - 4- z tJ yt _� y. �•�F p��Rl / ��x Mks` � sx��; e Prepared by Pennoni ORIDEN Redbud Run Solar Woods Mill Road—Location 3 I > a ,S ft a i mi T 1111� 11 1111: IN 1 e Prepared by Pennoni ORIDEN From: Timothy Rhodes To: Tyler Klein Cc: John Bishop;Chris Mohn; rhonda.funkhouserCai)vdot.virainia.aov; bradley.riaalemanCa vdot.virainia.aov Subject: "[External]"RE: Redbud Run Solar Project CUP: Glare Study Date: Wednesday,February 16,2022 2:38:05 PM Attachments: imaae001.pna Tyler, We have completed our review of the Redbud Solar Glare Study. Based on the information provided by Pennoni, it is understood there will be no negative glare impacts to the users of the roadways. We are satisfied with the findings of this report and have no objections to the study. The only outstanding item to address is the previous comment which follows: • The CUP and supplement identifies multiple entrance locations to serve the facility. Some for construction and some to be permanent. The supplement provided details on the sight distance for the proposed locations. You have identified an existing private entrance as "Alternative 1." The sight distance profile and your supplement clearly show this entrance not meeting minimum sight distance requirements for safe access. In accordance with VDCT Access Management Regulations (24VAC30-73) VDCT will not permit a commercial entrance without meeting minimum sight distance requirements. This entrance needs to be removed from the proposal. There are other locations proposed that meet minimum sight distance requirements and provide safe ingress/egress for those coming to the facility as well as the motorist traveling on the roadway. Please let me know if you have additional questions or concerns. Thanks, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 From: Chris Mohn <cmohnl@greenwayeng.com> Sent: Monday,January 31, 2022 12:54 PM To:Tim Rhodes <timothy.rhodes(@vdot.virginia.gov>;Tyler Klein (tklein(@fcva.us) <tkleinPfcva.us> Cc:John Bishop <ibishop CcDfcva.us> Subject: Redbud Run Solar Project CUP: Glare Study Importance: High Tim and Tyler, Attached for your review please find the glare study and corresponding summary letter for the Redbud Run Solar Project CUP application. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS '` Frederick County Fire Marshal �* Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1080 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Email Address: cmohn@greenwayeng.com Name of development and/or description of the request: Redbud Run Solar Project (30 MWac Utility-Scale Solar Power Generating Facility) Location of Property: The property is located east of Woods Mill Road (VA Route 660) and north of Pine Road (VA Route 661), approximately 0.5-mile north of Berryville Pike (VA Route 7). Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal-Please Return This Form to the Applicant RDCEjVED OCT 2021 10 Frederick County Fire and Rescue Department .<<KEQr:4 Office of the Fire Marshal �¢tcx rfl 1080 Coverstone Drive Winchester, VA 22602 ti { Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Conditional Use Status: Approved Business Name Redbud Run Solar Project Redbud Run Solar Project Woods Mill Rd/Pine Rd Winchester, Virginia 22602 Printed Date: 11/10/2021 Engineering Firm Greenway Engineering General Information Received Date: 10/29/2021 Occupancy Type: Review Begin Date: 11/10/2021 Property Use: Review End Date: 11/10/2021 Activity Number: 1101045 Hours: 1.5000 Review Cause: New Construction Comments: No comments at this time. Adam nounsneu Lieutenant/Assistant Fire Marshal Page 1 of 1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department 0111) Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2nd Floor Attn: Building Official Winchester, Virginia 22601 107 North Kent Street, 2nd Floor (540) 665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Email Address: cmohn@greenwayeng.com Name of development and/or description of the request: Redbud Run Solar Project (30 Mac Utility-Scale Solar Power Generating Facility) Location of Property: The property is located east of Woods Mill Road (VA Route 660) and north of Pine Road (VA Route 661), approximately 0.5-mile north of Berryville Pike (VA Route 7). Building Official's Comments: Building Official's Signature &Date: Notice to Inspections Department- Please Return This Form to the Applicant Solar arrays shall be designed per the 2018 Virginia Building Code, U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chap 16 Virginia Building Code. Please note the requirements in Chapter 17 of Virginia Building Code for special inspection requirements on the type of structure. (Soils, concrete etc..). S:\Site Plan comments\2018\Solar Arrays,Woods Mille.doc REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Frederick County Department of Public Work Department of Public Works 107 North Kent Street 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Email Address: cmohn @ greenwayeng.com Name of development and/or description of the request: Redbud Run Solar Project (30 MWac Utility-Scale Solar Power Generating Facility) Location of Property: The property is located east of Woods Mill Road (VA Route 660) and north of Pine Road (VA Route 661), approximately 0.5-mile north of Berryville Pike (VA Route 7). Frederick County Department of Planning Comments: ireI 1 .� w►e n*7s, = W� wd ! h rot ->'nj CZ N ln,r/ VV s �rclG�` La. �f i-�+"b rv� I I rel 0 tv Signature & Date: a4-.V( S W14� o ease e u This Form to the Applicant Ivy ,9 21 VIt AAV Cf J vlo-6 ms`s, .f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Pax: 540/665-6395 December 3, 2021 Chris Mohn Greenway Engineering 151 Windy Hill Ln Winchester, Virginia 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit—Redbud Run Solar Zoning: RA(Rural Areas) District Property Identification Numbers (PINS): 55-A-136, 55-A-137 and 55A-1-19 Magisterial District: Stonewall Dear Mr. Mohn: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on November 16, 2021. This application seeks to construct a utility scale solar project located on three parcels of land that total 264 acres. The site is located on the eastern side of Woods Mill Road (Route 660), north of Pine Road (Route 661), approximately 0.5-mile north of Berryville Pike (Route 7) in Winchester. Following their review of this application, the HRAB recommended approval of the Conditional Use Permit. The HRAB in their review recommended that the Applicant consider the utilization of methods such as ground penetrating radar (GPR) or terrestrial light detection and ranging (LiDAR) to document the presence of archeological objects or sites. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICD, CZA, Assistant Director CEP/pd cc: Chris Oldman, HRBA Chairman Tyler Klein 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Special Limited Power of Attorney o� County of Frederick, Virginia w Frederick Planning Website: www.fcva.us A'h Department of Planning & Development, County of Frederick, Virginia 107 North Dent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Allen R.Conner Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above_ If multiple persons own the property or are applicants,an executed power of attomey from each owner will be needed. 1010 Woods Mill Road,Stephenson,VA 22656 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s) or pareel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-297,55-A-134 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 (544)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place, and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli tion with Frederick County, Virginia for the following, for the above identified property: Rezoning El Subdivision ✓ Conditional Use Permit 0 Site Plan Master Development Plan (prelim. or final) F] Variance or Zoning Appeal and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. �rrrn.gr�.,i This appointment shall expire one year from the day that it is signed, or at such sooa"*ft,`„r�ptf�o& -tJ. otherwise rescind or modif it. «•' NOTARY t� ? O t PUBLIC m REG.#7135427 Signature 1-0 ; a Title (if signing on behalf of an entity) =p MY CauMlsloly; a • y« 49 A2024 C? State of it QUA ic-'- , County/City of Fce&?,< C �''�y�' •` ii......•••'����•`�• pLTH '����Mi►1 hilt%%tl I, lepc,-a Notary Public in and for the jurisdiction aforesaid, certlfy that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of N WNW f, 20R 1. My Commission Expires: Notary Public Registration Number: � K CO Special Limited Power of Attorney c¢ County of Frederick, Virginia Frederick Planning Website: www,fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Allen R.Conner Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1010 Woods Mill Road,Stephenson,VA 22656 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-297,55-A-134 do hereby make, constitute, and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400, Pittsburgh,PA 15212 (412)915-9017 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning 0 Subdivision ✓ Conditional Use Permit 0 Site Plan Master Development Plan (prelim. or final) F-1 Variance or Zoning Appeal and, further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. ++�++MH11Htry���II This appointment shall expire one year from the day that it is signed, or at such soo �pe•ss.l;•'rgl,16 otherwise rescind or modify i r ,.��•• NOTARY �•'•�t���: PUBLIC C) REG.#7135427 t = Signature .0 = MY COMMISSION ¢ Title (if sign EXPIRE 09!30!2(}24 r' C9 `` State of ti� 1 ! , County/City of �Pder 1 CK r� q ' • ••"'�•• , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this day of , 20Rr My Commission Expires: - Notary Registration Number: V , CO Special Limited Power of Attorney o County of Frederick, Virginia a - Frederick Planning Website. www1eva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601. Phone (540) 665-5651 Facsimile (540) +665-6395 Know All Men By These Presents That: JRW Properties&Rentals Inc. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner wilt be needed. 13 S.Loudoun Street,Winchester,VA 22801 (540)662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-136,55-A-137,55A-1-19 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Anorney-in-Fact 151 Windy Hill Lane,Winchester,VA 22602 (540)862-4185 Mailing Address of Attorney-In-Fart Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning R Subdivision Conditional Use Permit P1 Site Plan Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointm t shall expire one year from the day that it is signed,or at such sooner time as I otherwise r ci or modify it, Signature Title(ifs` Ing on b State f L ACL , County/City of01ACK—* To wit: 1, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this J� day of Cir'-&,9e 4 203k n My Commission Expires: 13olAo 3,14 Nita Registration Number: 151 NOTARY PUBUC REG.47901519 C'OMMC]h1V4 EALTH OF VIRGINIA �Ili ,, c1� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning "Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: JRW Properties&Rentals Inc. Name of Property 0-,NmerlApplicant Please note. If the property owner/applicant is an entry,the name of the entity should appear above- 1f multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 13 S.Loudoun Street,Winchester,VA 22601 (540)662-7215 Mailing Address of Property OwnerfApplirant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-135,55-A-137,55A-1-19 do hereby make,constitute,and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary VeWeeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400,Pittsburgh.PA 15212 (412)915-9017 Mailing Address orAttemey-In-Pact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning El Subdivision ►r Conditional Use Permit ,/ Site Plan Master Development Plan (prelim.or final) L] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Nona. This appointnyent shall expire one year from the day that it is signed,or at such sooner time as I otherwise rtcind or modify it. r Signature Title(if si ing on l e a] an entity) State of I11,L County/City of ilce S. ;� , To wit: 1, Lira-- M`�ar�ne1 �rnl�r a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 97 day of CLL4r,,l^p,(- ,20 Jt My Commission Expires:'& r ,01 �Wat{ It4'W_*I6RLAND ORNDORFF registration Number:'Jqp 151 NOTARY PUBLIC t REG.#7901519 COMMONWEALTH OF VIRGINIA CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us w '1 •IIN Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Mary C.Lee Name of Property Owner/Applicant Please note' If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attomey from each owner will be needed 1847 Martinsburg Pike,Winchester,VA 22603 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or pareel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-135 do hereby make,constitute,and appoint: Greenway Engineering.Inc Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning ❑ Subdivision Conditional Use Permit Z Site Plan Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. SignatureQ— Title(if signing an entity) � State oi V-/i Il/I, ,County/City of frcckc 1lcy,— ,To wit: I,117Yi� P1v: .V- _,a a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument persQ,n_ally appeared.before me and has acknowledged the same before me in the jurisdiction aforesaid this "`� day of J04LA�,20,2 My Commission Expires:y L11�►e 3d Registration Number: -7 n!M aW CARRIE 1b1ADAGAN PLUMMER NOTARY PUBLIC REGISTRATION#7648200 COMMONWEALTH OF VIRGINIA Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Mary C Lee Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If muitiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1947 Martinsburg Pike,Winchester,VA 22603 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-135 do hereby make,constitute,and appoint: Redbud Run Solar LLC and Orden LLG(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400,P[Hsburgh,PA 15212 (412)915-9017 Mailing Address ofAttomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning r� Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim,or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None, This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing y) State of Y Qjl ,County/City of To wit: a Notary Public in and for the Jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before mein the'urisdiction aforesaid this day of ,20 My Commission Expires: __l.(hc Registration Number: C)() CAME MAOAGAN PLUMMER NOTARY PUBLIC REGISTRATION ti 7648200 roMMONWEALTLI F VIRGINIA MY C M I Slfl EXPIRES Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us {Llk 1 Department of Planning& Development, County of Frederick,Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Robert L.Williams Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 946 Woods Mill Road,Stephenson,VA 22656 (540)550-5140 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 55A-1-21 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22601 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following, for the above identified property: Rezoning ❑ Subdivision ✓ Conditional Use Permit ❑✓ Site Plan Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature_--- - - -- Title(if signing on behalf of an entity)~ State of\4-\ •� ,�, , County/City of � 1�'nC , To wit: .[NmoQ AM'C1,`x+f�a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument rsop ly appeared before me and as acknowledged the am this TT''�``day of (L ,2p rQDANICHOLE Nei 3flYrti ion E , e Notary Public oTARY PUBt� gation umber: REGISTRATION# COMMONWEALTH OF VIRGINIA MY C(l►,AM1-,g1r)l f FYPIRFC.MAY-Al 9090, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us nv Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Robert L.Williams Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 946 Woods Mill Road,Stephenson,VA 22656 (540)550-5140 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 55A-1-21 do hereby make,constitute,and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400,Pittsburgh,PA 15212 (412)915-9017 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to fie and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning ❑ Subdivision ✓ Conditional Use Permit ❑✓ Site Plan Master Development Plan(prelim, or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signin State of ' 1Q1— County/City of 1� 1 _ � , To wit: I, i �t3. kV ,�o Notary Public in and for the jurisdiction aforesaid, certify that th rson who signed the foregoing instrument ly app d b f ic an s acknowledged the s e before me in th j ° iction aforesaid this day of ,2 f My Commission E \t Zuni CHOLE MORRIS his ation Number: NOTARY PUBLIC REGISTRATION#7752559 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31,2025 C Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us nn Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street,Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Ronald A.lee Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed, 1947 Martinsburg Pike,Winchester,VA 22603 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parce](s)of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-135 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 (540)662-4185 Mailing Address of Attorney-In-Pact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning ® Subdivision Conditional Use Permit Z Site Plan Master Development Plan (prelim,or final) n Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing on behalf of an entity) r State of %n IGW ,County/City of T T CS ,To wit: I, Carne. M • P Iumm-,C.l' , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this�day of�,2Q�l My Commission Expires: .unL 30, a A; Registration Number: -7J12!3.-a= CARRIE MOADRADN PLUMMER NTPUBUC REGISTRATION#7648200 roKAMONWEALTH OF VIRGIN€A MY C M I SI N Cao Special Limited Power of Attorney County of Frederick, Virginia ,. Frederick Planning Website: www.feva.us w Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Ronald A.Lee ?lame ofYropurty Owner/Applicant Plcase note: if the property owner/applicant is an entity,the name of the entity should appear above if multiple persons own the properly or are applicants,an executed power of attorney from each owner will he needed. 1947 Martinsburg Pike,Winchester,VA 22603 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to,the tract(s) or pareel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 55-A-135 do hereby make,constitute,and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attomey-In-Fact 106 Isabella Street,Suite 400,Pittsburgh,PA 15212 (412)915-9017 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning � Subdivision +� Conditional Use Permit IJ Site Plan Master Development Ulan(prelim. or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None, This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature _ Title(if signing o r, State of In t hl c- ,County/City of. T`c �'( �C,��� To wit: 1, 4L ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the 5,00efore me in the ju indiction aforesaid this day of,�( �t ,20 My Commission Expires: dZQ yRegistration Number:_-7 LD '.0 CRRIE MADR GAN PLUMMER NOTAREGISTRATION#7648200 COMMONWEALTH OF VIRGINIA MY G caG� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us „u Department of Planning &Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Tonie Wallace Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 315 Poorhouse Road,Winchester,VA 22603 540-931-4662 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-294A do hereby make,constitute,and appoint: Greenway Engineering,Inc Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22601 (540)662-4165 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None .,'iVeei gee This appointment shall expire one year from the day that it is signed,or at such sooner time as-1 otherwise resci or modify it. Signature tx } Title(if signing State of- VJ n a County/City of VNI n l G{ E L[C- To wit: I, C�) ,� I �—a Vl� a Notary Public in and for the jurisdiction aforesaid,certify that the person w10 signed the foregoing instrument person} lly appeared before me and has acknowledged the same before me in the j u 'sdiction aforesaid this y rhh day of 3a 0 — t(((ip'!_q ,20 70,, J My Commission Expires: OS 3 d Notary Registration Number: '�•Z y a ,� co Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us wM Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Tonie Wallace Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 315 Poorhouse Road,Winchester,VA 22603 540-931-4662 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-294A do hereby make,constitute, and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400,Pittsburgh,PA 15212 (412)915-9017 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit ,/ Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointmen shall expire one ycar,from the day that it is signed,or at such sooner time as l otherwise resci modif it. Signature (Z Title(if signing o i I-- /^ t � 6 State of l r�J r n► County/City of 1 rel;Y1 1 ,To wit: ,, I, L,-ah ,a Notary Public in and for the jurisdiction aforesaid,certify that the person w o signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the risdiction aforesaid this day of 1411U&f ,20,2 11 My Commission Expires: l 3 l a 0, N Registration Number: 17 d y-� V" coy Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us 111 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: William M.Rexrode Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed 1099 Woods Mill Road,Stephenson,VA 22656 (540)771-1921 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-295 do hereby make,constitute,and appoint: Greenway Engineering,Inc Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22601 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit F,/1 Site Plan Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if sigr____a_-- _---_-- _ _----_-_ State of , r lam`' e��h G� ti�� �! , County/City of . To wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed he foregoing instrument personally appeared before me and has acknowledged the same before me in th ' risdiction a resaid this day of N6004W ,20A My Commission Expire,y 3l m Registration Number: NICOLE MARIE BORKOWSKI NOTARY PUBLIC REG.#7673067 MY COMMISSION EXPIRES OCTOBER 31,2024 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us �f4nr f 11 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street,Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: William M.Rexrode Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above If multiple persons own the property or are applicants,an executed power of attomey from each owner will be needed 1099 Woods Mill Road,Stephenson,VA 22656 (540)771-1921 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 44-A-295 do hereby make,constitute,and appoint: Redbud Run Solar LLC and Oriden LLC(represented by Gary Verkleeren and Alessandra Trunzo) Name of Attorney-In-Fact 106 Isabella Street,Suite 400,Pittsburgh,PA 15212 (412)915-9017 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the fO11or$ring' for the above identified property: Rezoning F1 Subdivision +� Conditional Use Permit 0 Site Plan Master Development Plan(prelim. or final) 0 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature b Title(if signing o State of NA/�\ County/City of 1'r ejt r o , To wit: 1, IC(��, ' o�►�,ejp�ICOwsY i , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally app d before me and has acknowledged the "t-day of 4.M ,20;LA II ` ggM��y Commission Expires 0-- "NoptaryPubli=c CV�CpLE MARIE BVARw51N Number: 1T �t(1 r� NOTARY PUBLIC REG.#7673067 COMMONWEALTH OF VIRGINIA 'UMMISSION EXPIRES OCTOBER 31.2024