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HomeMy WebLinkAboutResolution 26-080-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. ;,Re —()W-d17 A Resolution Approving a Development Agreement among Grant County, Royal. Slope Solar, LLC, Justin Brown, MB Brown Farms, LLC, and MB Brown Farms 2, LLC for the Royal Slope Solar Project, Grant County File Nos. P 25-0178 (SCUP) and P 25-0179 (SEPA), and Authorizing Its Execution. WHEREAS, Revised Code of Washington (RCW) 36.70B.170 authorizes a county to enter into a development agreement with a person having ownership or control of real property w *th -I -initsJ 1111" *1 sdiction, setting forth the development standards and other provisions that shall, apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement; and C� WHERE -AS, RCW 36.70B.200 - provides that a county shall only approve a development P p agreement by ordinance or resolution after a public hearing, and Grant County 'Unified Development Code (UDC) Chapter 25.28 authorizes and establishes the procedures for development agreements within Grant County; and 'WHEREAS, Royal Slope Solar, LLC, aDelaware limited liability company ("Developer"), is the applicant of record for the Royal Slope Solar project, consisting of a photovoltaic solar electrical. generating facility of up to 260 alternating -current megawatts and a 260-megawatt 4-hour Battery Energy Storage System on ap proximately 2,360 acres, Grant County File Nos, P 25'0178 (CUP) and P 25-0179 (SEPA) (tbe ``Pro ect"); and WHERE -AS, Justin Brown, MB Brown. Farms, LLC, aWashington hinited liability company, and MB Brown Farms 2, LLC, a Washington limited liability company (collectively, "Owner"), are the owners of the real property on which the Project is located, as described in Exhibit "A" of the Development Agreement (the "Property"); and WHEREAS, on August 1.9, 2026, the Grant County Rearing Exan-liner approved Conditional Use 'Permit P 25-01.78 and affirnied the SEPA. Mitigated DeteiTnination of Non -Significance (MDNS) issued under File 'No. P 25-0-179, subject to conditions of approval, including a requirement that the Owner and Developer enter into a development agreement with the County before mechanical permits are issued :for the Project (the "Decision"); and WHEREAS, on or around July 30, 2026, the Grant County Public Work's Department approved Public'Works Dqpartment File Nos. 29-090-C, 29-091-C, 29-092-C, and 29-093-C authorizing the Developer's -use of County right-of-way for the Project (the "'ROW Permits"); and WHEREAS, the proposed Development Agreement among Grant County, the Owner, and the Developer incorporates the Decision and the ROW Permits; -vests the Project to the County's Existing Land Use Regulations, subject to the exemptions stated the -rein; waives the setback Grant County Board of County Commissioners Royal Slope Solar Development Agreenient Resolution I standard of UDC Chapter 23.12, Table 2, pursuant to Note 5, for lot lines within the boundaries of the Project but not for lot lines abutting properties outside the Project; and carries forward the Decision's cultural -resource consultation obligations, including Conditions G-2, H-1, H-2, H-3, and H-4; and WHEREAS, the Development Agreement incorporates the County approved Final Decommissioning Plan as Exhibit "C", requires completion of decommissioning within three (3) years of the earliest triggering event specified therein, requires review of the Decommissioning Plan at five (5) year intervals, and requires decommissioning security in the form of a parent guaranty, with alternative security required under the circumstances specified in Exhibit "E"; and WHEREAS, the County has received the executed Parent Guaranty from Clearway Renew LLC, in the form attached to the Development Agreement as Exhibit "D", securing the Developer's decommissioning obligations in an amount not to exceed one hundred fifty percent (150%)- of the approved Decommissioning Costs; and WHEREAS, the Development Agreement runs with the Property and binds the Parties' successors and assigns, and requires the Developer to record the Development Agreement with the Grant County Auditor and provide a recorded copy to the County prior to the issuance of project permits; and WHEREAS, the Board of County Commissioners conducted a public hearing on Monday, October 19, 2026, to consider the proposed Development Agreement, received the staff presentation, and provided an opportunity for public testimony; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Grant County finds that the Development Agreement is consistent with the applicable development regulations adopted by Grant County under Chapter 36.70A RCW, and is in accordance with the ordinances required by RCW 36.70B.1.70(3) and adopted by the Board of County Commissioners in effect on the effective date of this Resolution, including the Decision, the Grant County Comprehensive Plan, Zoning Map, Unified Development Code, Public Works Standards, SEPA, and all other applicable ordinances, codes, rules, and regulations of the County (the "Existing Land Use Regulations"); and BE IT FURTHER RESOLVED, that the Board of County Commissioners for Grant County approves the Development Agreement among Grant County, Royal Slope Solar, LLC, Justin Brown, MB Brown Farms, LLC, and MB Brown Farms 2, LLC, attached hereto as Attachment "A", and authorizes the Chair of the Board to execute the Development Agreement on behalf of Grant County; and BE IT FURTHER RESOLVED, that this Resolution shall be the Adopting Resolution referenced in the Development Agreement, and shall take effect upon adoption, which date shall constitute the Adopting Resolution Effective Date, Grant County Board of County Commissioners Royal Slope Solar Development Agreement Resolution 2 PASSED by the Board of County Commissioners in regular session at Ephrata, WashinZ:�gton, by the following vote, then signed by its inembersh�ip and attested to by its Clerk in. authorization of such passage this day of d)t,? "6�Zl-2026. 6 DATED this day of 0. NO Y//Z %0 ;,!s Yea Nav C0\3 X\ ATTEST: El Caitlin E. Manell 0 Clerk- of the Board BOARD OF COUNTY COMMISSIONERS Abstain GRANT COUNTY, WASHINGTON Kevin R.'Burgess, <h. air 'Rob i hair ED --y a -------- Ca er, Member Grant County. Board of County Commissioners Royal Slope Solar Development Agreement Resolution 3 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this 19th day of October, 2026, between Grant County, Washington, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington ("County"); Justin Brown, MB Brown Farms, LLC, a Washington limited liability company, and MB Brown Farms 2, LLC, a Washington limited liability company (collectively, "Owner"); and Royal Slope Solar, LLC, a Delaware limited liability company ("Developer"), and all of which are collectively referred to as "Parties." RECITALS I Revised Code of Washington ("RCW") 36.70B. 170 authorizes a local government to enter into a development agreement with a person having ownership or control of real property within its jurisdiction. Such agreement shall set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. 2. Grant County Unified Development Code ("UDC") Chapter 25.28 authorizes the execution of a development agreement between the County and a person having ownership or control of real property within its jurisdiction. As referenced in RCW 3 6.70B. 170, such agreement shall set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. For purposes of this Development Agreement, "development standards" shall include, but not be limited to, all standards set out and referenced in UDC 25.28.030. 3. The Developer is the applicant of record for the Royal Slope Solar - 260 MW Solar and 260 MW / 4-Hour Battery Energy Storage System project, Grant County file nos. 25-0178 (CUP) & P 25-0179 (SEPA) ("Project"). 4. The Owner is the owner of the property identified on Exhibit "A" attached hereto and incorporated herein (the "Property"). 5. The Project received approval from the Grant County Hearing Examiner on August 19, 2026 as attached hereto as Exhibit "B" (the "Decision"). The Decision set forth certain terms and conditions applicable to the Project and a requirement that the Owner and Developer enter into a Development Agreement before mechanical permits were issued for the development of the Project. 6. A public hearing was held on //9 1�o-u regarding this Development Agreement and the Grant County Board of County Commissioners ("Commissioners") adopted a resolution ("Adopting Resolution") as required by RCW 36.70B and UDC 25.28, approving execution of this Development Agreement on 2026 ("Adopting Resolution Effective Date"). DEVELOPMENT AGREEMENT Page I of 19 4928-7222-8261.3 7. The Adopting Resolution states that the Development Agreement is in accordance with ordinances required by RCW 36.70B.170(3) and adopted by the Commissioners in effect on the Adopting Resolution Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Project Including, but not limited to the Decision, County's Comprehensive Plan, Zoning Map, UDC, Public Works Standards, SEPA, and all other applicable ordinances, codes, rules and regulations of the County establishing Subdivision standards and building standards ("Existing Land Use Regulations"). NOW, THEREFORE, in consideration of the promises and mutual covenants herein, the Parties enter into this Development Agreement as follows: A Or-R FFMF"KT 1. The Project. The Project is a photovoltaic solar electrical generating facility that will generate up to two hundred sixty (260) alternative current megawatts of renewable energy power and connect to the Grant County Public Utility District transmission system situated upon 2,360 acres located on the Property all as more particularly described in the Decision. 2. Incorporation of the Decision. The Decision shall be incorporated into this Development Agreement as though fully set forth herein and binding upon the Property. In the event of any inconsistency between this Development Agreement and the Decision, this Development Agreement shall control. 3. Vested, Rights. Except as provided otherwise in this Agreement, development of the Project shall be vested to and governed by the Existing Land Use Regulations in effect as of October _, 2026 and the Decision. Except as expressly stated otherwise herein, any amendments to or additions made during the Term of this Agreement to County development regulations shall not apply to or affect the Property. As used in this Agreement, "development regulations" shall be deemed to include regulations, policies, procedures and guidelines addressing zoning, environmental review (including SEPA procedures and substantive SEPA policies), building and site design, utilities, stormwater, impact fees., transportation concurrency and other laws, ordinances, policies, and administrative regulations and guidelines of the County. (a) Exemptions. The following are exempt from vesting Linder Section 3 of this Agreement: i. Plan review fees, inspection, fees, and impact fees established by schedules, charts, tables, or formulae; Water, sewer, stormwater, and other utility connection charges, and general facility charges; iii. Amendments to building, plumbing, mechanical, fire, and other DEVELOPMENT AGREEMENT Page 2 of 19 4928-7222-8261.3 construction codes adopted pursuant to RCW 19.27 and 19.27A; iv. Other County enactments that are adopted pursuant to state or federal mandates that preempt the County's authority to vest regulations; and V. New or different regulations to the extent required by a serious threat to public health and safety as determined by the County. 4. Waiver of Setback Requirements. Pursuant to Note 5 of Table 2 of Chapter 23.12 of the UDC, the setback standard imposed upon the Project by Table 2 of Chapter 23.12 of the UDC is hereby waived for those lot lines within the boundaries of the Project. Such waiver shall not apply to those lot lines that abut other properties outside the Project. 0 -0 5. Incorporation of F,4rht of Way Decisions. On or around July 30, 2026, the County, acting through its Public Works Department, approved Public Works Department file nos. 29-090-C, 29- 091-C, 29-092-C, and 29-093-C to authorize Developer's use of County right-of-way (the "ROW Permits"). The ROW Permits are hereby incorporated as if fully set forth herein. Developer shall comply with the ROW Permits for the Term of this Agreement. 6. Decommissioning. (a) Decommissioning Plan. The Developer has provided, and the County has approved as final, the decommissioning plan applicable to the Project, attached hereto as Exhibit "C" (the "Decommissioning Plan"). The Project shall not be deemed decommissioned unless and until Developer has complied with the terms of the Decommissioning Plan, including, without limitation, the decommissioning standards contained therein. (b) Timeline to Decommission. The Developer shall complete all decommissioning obligations required by the Decommissioning Plan ("Decommissioning") within three (3) years of the earlier of (i) the date that power production is deemed to have fully ceased from the Project, (ii) the date upon which power production shall have ceased for a period of twelve (12) consecutive months, (iii) the date upon which the Developer provides written notice to the County that power generation has ceased, or (iv) the date that this Development Agreement is terminated by the County for an event of default, subject to all applicable notice and cure periods for such default. (c) Decommissioning Security. i. Calculation of Estimated Costs. The Parties acknowledge that the Decommissioning Plan sets forth (i) the anticipated useful life of the Project; (ii) sufficient information to allow the County to identify, evaluate, and resolve all major environmental, and public health and safety issues reasonably anticipated by the Developer for Decommissioning; and (iii) the estimated cost to dismantle and safely dispose of all Project facility components and to perform the site reclamation activities set forth therein (the DEVELOPMENT AGREEMENT Page 3 of 19 4928-7222-8261.3 "Decommissioning Costs"), which Decommissioning Costs are hereby approved by the County. Security Required. The Developer shall, prior to issuance of any mechanical permits, execute a parent guaranty in the form attached hereto as Exhibit "D" (the "Decommissioning Security"). The County confirms that this form of Decommissioning Security, once executed, shall constitute sufficient security to fund the obligations of Developer set forth in the Decommissioning Plan and this Development Agreement. iii. Review and Renewal of Decommissioning Security. On or before ninety (90) days before the five (5) year anniversary of the initial effective date of the Decommissioning Security and then upon the expiration of each five (5) year period thereafter until the Decommissioning is complete, Developer shall review the Decommission ing Plan in effect and either confirm in writing to the County that no changes are applicable, or provide a revised Decommissioning Plan to the County which shall set forth any changes to the anticipated costs to decommission the Project in accordance with the standards set forth in the Decommissioning Plan and the Decision (the "Amended Decommissioning Plan"). The County may approve or reject the Amended Decommissioning Plan in its sole but reasonable discretion.. Developer shall submit with each Amended Decommissioning Plan the following: (i) certification from an officer of Guarantor under the Decommissioning Security that the tangible net worth of the Guarantor exceeds two hundred and fifty percent (250%) of the Guaranty Cap (defined below) ("Guaranty Floor"), and (ii) certification from an officer of Developer that Developer or its affiliate is party to a power purchase agreement (or equivalent) to sell the power generated by the Project, and that any such agreement remains in full force and effect (the "Project Life Requirement"). If the County approves the Amended Decommissioning Plan, then the Developer shall, if necessary, execute a replacement parent guaranty in the form attached hereto as Exhibit "D". The replacement Decommissioning Security shall have an effective date as of the first day following the expiration of the five (5) year period. Notwithstanding anything to the contrary, the Decommissioning Security required by the County shall not exceed one hundred fifty percent (150%) of the amount of the Decommissioning Costs (the "Guaranty Cap"). iv. Non -Compliant Guaranty. If, at such time as an Amended Decommissioning Plan is proposed, either the Guaranty Floor or the Project Life Requirement is not met as required above, then the Developer shall be required to post alternative security that meets the requirements set forth in Exhibit "E", attached hereto. (d) Compliance with Laws. All Decommissioning shall be compliant with all applicable federal, state and local laws in effect at the time the Decommissioning is DEVELOPMENT AGREEMENT Page 4 of 19 4928-7222-8261.3 undertaken. (e) Decommissioning Reporting. In the event the Project begins Decommissioning, Developer will, at the request of the County, provide monthly status reports until the Decommissioning is completed. 7. Term of Agreement. This Development Agreement shall commence on the effective date of the Adopting Resolution approving this Development Agreement and shall continue in. force until the Project is decommissioned in accordance with this Agreement or earlier terminated in accordance with the terms herein. 8. Rbaht of EnLxy. Solely for the purpose of the implementation of this Development Agreement and for the purpose of performing the Decommissioning under the terms of this Development Agreement, if necessary, Owner and Developer grant the County, and its duly authorized agents, contractors and employees the right to enter upon the Property for the purpose of performing such examinations, locations, surveys and reviews as may be necessary for the Decommissioning performance ,by the Developer or to perform the Decommissioning. Such action shall not constitute trespass by the County or by its duly authorized agents, contractors and employees. Notwithstanding the foregoing, the County recognizes that the Property and the Project will constitute an active construction site and, once completed, an operating solar electricity generating facility. All access must comply with Developer's safety and security procedures and protocols, including, at Developer's reasonable discretion, access by escort and appointment only. Developer shall not be responsible for nor be required to indemnify the County for the grossly negligent or intentional misconduct of the County or its employees, agents or contractors in connection with its entry upon the Property. 9. Further Discretionary Actions. Developer acknowledges that the UDC contemplates the exercise of further discretionary powers by the County, which powers are to be exercised reasonably and without undue delay or conditions. 10. Default. (a) No party shall be in default under this Development Agreement unless it has failed to perform as required under this Development Agreement for a period of thirty (3 0) days after written notice of default from the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure of the alleged default. (b) After notice and expiration of the thirty (30) day period (or such longer time as may be reasonably required given the nature of the cure), if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Development Agreement may, at its option, institute legal proceedings pursuant to this Development Agreement. DEVELOPMENT AGREEMENT Page 5 of 19 4928-7222-8261.3 (c) If the Developer or Owner is in default beyond any applicable notice and cure periods, then the County shall be entitled to (i) revoke the Decision, (ii) terminate this Development Agreement, (iii) enforce the UDC. and obtain penalties and costs as provided in the UDC for violations of this Development Agreement and the UDC. Nothing in this Development Agreement is intended to limit the Parties' ability to seek and obtain legal remedies except as may be otherwise provided herein. (d) Notwithstanding Section 10(a), it shall be deemed to be an automatic default under this Development Agreement if the Decommissioning does not occur within the time period set forth in Section 6(b), and therefore the notice and cure period set forth in Section I 0(a) shall not apply. Upon the. failure by the Developer to perform the Decommissioning within the three (3) year period set forth above, the Co'unty shall have the automatic right to perform the DecoiTn-nissioning in its own name and to tender a request for the disbursement of the Decommissioning Security. Developer and Owner acknowledge and agree that the County's performance of the Decommissioning shall not constitute a waiver of any rights or remedies that the County may have against either party hereunder. . I (e) In the event that the County is required to undertake the Decommissioning, Owner and Developer for themselves and their respective predecessors -in -interest, successors, and assigns, do hereby waive, release, and forever discharge the County and its predecessors, successors, related and associated legal entities and companies, heirs, parents, subsidiaries, affiliates, divisions, assigns, agents, owners., principals, stockholders, shareholders, managers, advisors, officers, directors, representatives, attorneys, trusts, trustees, beneficiaries, employees, and members, from all claims, losses, costs, liabilities, damages, judgments, expenses. (including penalties, fines, and. attorneys' fees), warranties, undertakings, agreements, obligations, actions, causes of action, sums of money, covenants, and promises whatsoever in law or in equity that it may have against the County by reason of any matter, cause, or thing whatsoever arising out of or in connection with the Decommissioning so long as the Decommissioning is completed in accordance with the terms of this Development Agreement and the Decommissioning Plan, as may be amended. I (f) The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. 11. Cultural Resources Obt 0 The Decision imposed the ongoing obligation for the Developer to continue to consult with the Yakima Nation Cultural Resource Program, the Confederated Tribes of the Colville Reservation, the Washington -State Department of Archeology and Historic Preservation and the Bureau of Reclamation regarding the KOP 36A TCP. The Developer shall follow the requirement from the Decision and Conditions G-2, H-1, H-2, H-3 and DEVELOPMENT AGREEMENT Page 6 of 19 4928-7222-8261.3 H-4 are hereby specifically incorporated herein. 12. Project is a Private Undertaking. It is agreed among the Parties that the Project is a private development and that the County has no interest therein except as authorized in the exercise of its government functions. 13. Effect of Termination on Developer Obligations. The termination of this Development Agreement shall not affect any of the Developer's obligations to comply with the UDC and the terms and conditions of any applicable zoning code(s) or other land use entitlements approved with respect to the Project. 14. Indern The Developer shall indemnify, defend and hold harmless the County and its elected officials, agents, contractors and employees from and against any and all claims, actions, i suits, liability, loss, costs, expenses, and damages of any nature whatsoever ("Claims") that are ul caused by or result of the negligent or intentional misconduct of Developer's employees, officers, or agents in connection with this Development Agreement and the Project. 15. -Assignffient. 'Developer shall not be permitted to transfer or assign its 'Interest in this Development Agreement without the express written consent of the County, which consent may be withheld in its sole but reasonable discretion. Notwithstanding the foregoing, the written consent of the County shall not be required for any assignment (i) to an Affiliate of Developer to the extent such Affiliate has an interest in the Project, or (ii) in connection with a financing transaction that pledges any components of the Project or Developer's interest in the Project as collateral. No transfer or assignment. of this Development Agreement in contravention of this Section 15 shall relieve the Developer of its obligations hereunder. As used herein, an "Affiliate" means any entity which owns or controls, is owned or controlled by, or is under common ownership or control with, the Developer. 16. Covenants Running with the Land. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the Property and the benefits and burdens shall bind and inure to the benefit of the Parties. The Owner, Developer and every purchaser, assignee or transferee of an interest in the Project or Property or any portion thereof, shall be obligated and bound by the terms and conditions of the Development Agreement, and shall be the beneficiary thereof and a party thereto. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of the Developer contained in this Development Agreement. 17. Notices. Notices, demands, and correspondence to the Parties shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as designated herein. Notice by hand delivery shall be effective upon receipt. If deposited in the ' mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by Notice to the other party may designate a different address or person to which such notice or communication shall be given. DEVELOPMENT AGREEMENT Page 7 of 19 4928-7222-8261.3 County: Developer: Board of County Commissioners Royal Slope Solar LLC Chairman of the Board Attn: General Counsel PO Box 37 100 California Street, Suite 650 Ephrata, Washington 98823 San Francisco, CA 94111 Email: legalnotices@clearwayenergy.com Owner: MB Brown Farms, LLC MB Brown Farms 2, LLC Attn: Justin Brown and Farrah Wardenaar 12088 Road 11 Southwest Royal Slope, WA 99357-9508 Email: justin@cascademilling.com and Farrah gbg arms.net 18. Reimbursement. for Development Agreement Expenses. of the Cgunt y. Developer agrees to reimburse the County for actual documented expenses incurred over and above fees paid by the Developer as an applicant incurred by the County directly relating to this Development Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise offset by application fees. Upon payment of all out-of-pocket expenses, the Developer may request written aclm.owledgement of all -fees. All fees shall be paid, at the latest, within thirty (30) days from the County presentation of a written statement of charges to the Developer, upon payment of which Developer shall owe no further amounts to County with respect to or relating to this Development Agreement. 19. Recordation. The Developer shall cause this Development Agreement to be recorded with the Grant County Auditor at its sole cost and expense. The Developer shall provide a recorded copy of the Development Agreement to the County prior to the issuance of any permits for the Project. 20. Applicable Law and Attorneys' Fees'. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the teens of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs from the non -prevailing Party. Venue for any action shall lie in Grant County Superior Court or the U.S. District Court for Eastern Washington. 21. Severabil. If any term, provision, covenant or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Development Agreement shall continue in full force and effect and shall in no way be affected, impaired mpaired or invalidated thereby. 22. Defined Terms; Plural and Singular. For purposes of this Development Agreement, words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are DEVELOPMENT AGREEMENT Page 8 of 19 4928-7222-8261.3 mandatory and the word "may" is permissive. 23. Construction. In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Development Agreement, the authorship of this Development Agreement shall not be cause for this Development Agreement to be construed against any Party nor in favor of any Party. [ Remainder of Page Left Blank Intentionally; Signatures on Following Page ] DEVELOPMENT AGREEMENT Page 9 of 19 4928-7222-8261.3 M WITNESS WHEREOF) the Parties hereto have caused this Development Agreement to be executed as of the dates set forth below. DEVELOPER: ROYAL SLOPE SOLAR LLC, a 0 piny t Delawaret By -.soli ...... 0 0 dy'. Its; Vice President ........ S tate of . ........ . . ...... .......... hs-SL Coulity of�_' j I certit, that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged- that eels e) sai instrument, on oath stated that (he/she) was authorized to execute the instrument Owtodigcd it as the of ROYAL SLOPE C, a Delaware, limited liability SO'..... company, to be the free and voluntary act of suchl, -for the us es and purposes mentioned in the instrinnent. DATED: Printed'r. NOTARY PUBLIC in and for------. Residing at: My appointment expirm's DEVELOPMENT AGPEEmENiT Page 10 of 19 11 4928-7222-826t,.) A g, k no w �L-A, d �-xe ni �en t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, ------------- ---------- STATE OF CALIFORINTIA Ss. COUNTY OF &RAN.]C SCO On October 1. 3 2 0 2 6 before me, S. Kev. a Notary Public, personally appeared - - . hn,,.Wq.1od.-v who proved to me on the basis of satisfactory evidence to be the person(s) whose -name(s) is/are subscribed to the within instrument and acknowledcred to me that he/she/they executed the same in his/her/their C authorized capacity(ies), and that by his/her/their signature(s) on the instniment the person(s), or 'the entity upon b.ellatf of which the person(s) acted, executed the instrunaent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnie and correct. WITNESS hand and official seal, S. KEY COM. #2453"-72 su NOTARY PUBLIC- SAN FRANCISCO COUNTY r My Comm, Expires July 17, 2027 ft (Notarial Seal] SA 25, 06 ft. 1--%ft:'--'NOTARY 0 M S PUBLIC .71 -2Z e0i: WW� 0�� IffiWO State of WQShif1U i-w ss. County of co F ) OWNER: ustin BrZ!n I certify that I know or have satisfactory evidence that JUSTIN BROWN appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be his free and Voluntary act for the uses and put -poses mentioned in this instrument. zDatedtcfdla 16 ZUZ—VI printed or typed.- Notary name pri. Notary Public in and for the State of-. WA � Residing /-A- at: virl- My appointment expires: i— 9D- - 9--1� - DEVELOPMENT AGREEMENT Page 11 of 19 4 92 8 - U) 2) 8 2 6 13 # 2 0 15L�/ lie Z' spa NOIARY moo PUBLIC am MB BROWN FARMS, LLC, a Washington 71 limited liability company -22 4P L 0 WAS 0*\�� 101111111% By: Na. z44vi jknAF4 Its:. A4 CA3�L State of W_ft,Slijn� tw County of &I r'L'VJ )ss. 1. certify that I know or have satisfactory evidence that is the of MB BROWN FARMS, LLC, a Washington limited liability company, who appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be the -free C) and voluntary act of the limited liability company for the uses and purposes mentioned in this instrument. Dated: 04(4m" 2?r� "Notary name printed or typed: Notary Public in and for the State of: WA - Residing atIll oc)ee, W , Lk)A My appointment expires: i 1- DEVELOPMENT AGREEMENT Page 12 of 19 4 9 2 8 - 7 '22 2) - 8 2) 6 1. 3 # 9 U ale MB BROWN FARMS 2, LLC, a NOIA�y rn" Washington limited liability company PUBLIC cb %� {�'` 71 10' By: WA SO- 1f,11111100 BED N Its: -Mudd- lace, State oflki- )ss. County of C►�-�tii� ) 1. certify that I. know or have satisfactory evidence that is the of M'B BROWN- FARMS 2. LLC, a Washington limited liability company., who appeared before me, and said person. acknowledged that they signed this instrument and acknowledged it to be the free and voluntary act of the limited liability company for the uses and purposes mentioned in this instrument. Dated:��p2v,, teD , z OZ (r ;-TY)f fL&IA Wao�ace,, Notary name printed or typed: Notary Public in and for the State of: Wl� Residing at:M06f!& U&kej L-A,)/+ My appointment expires: k I - d4 DEVELOPMENT AGREEMENT Page 13 of 19 4 92 8- 721-2 -82 61.3 GRANT COUNTY BOARD OF COUNTY COMMISSIONERS: Passed by the Board of County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed by its membership and attested to by its Clerk in authorization of such. / C/ it *1� passages this day of 1(c, 2026. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ATTE Caitlin E. Manell Clerk of the Board Approved as to form: Brandon _�'ernsev, WSB No.4-3ftS7 Pro t ' 5!1615 s I14 Attorney D e: kII91 2o2. DEVELOPMENT AGREEMENT Page 14 of 19 4 9 2 8 - 72222 - 8 2) 6 1 . 3 EXHIBIT "A" LEGAL DESCRIP'TION OF THE PROPERTY [SEE ATTACHED] DEVELOPMENT AGREEMENT Page 15 of 19 4928-7222-8261.3 M I T t_=1 ni Parcel Information and Legal Descriptions This exhibit identifies the 32 solar and battery energy storage system (BESS) facility parcels and the five transmission line corridor parcels proposed upon private lands in Grant County, Washington. Legal descriptions and fee -owner information below are extracted from Exhibit A-2 of the Royal Slope Solar Proforma Owner's Policy, Version 10, File No. FN-45005-WA, last revised August 13, 2026. Completion and source notes Collective description. The proforma provides a single description for parcels 150234001 through 150234011 in Tract G. That description is reproduced once for the eleven parcels collectively; it is not presented as an individual description of each parcel. Parcel inventory under the Development Agreement Solar and BESS facility area (28 parcels): 150228000; 150229000; 150230000; 150231000; 150232000; 150233000;150234000;150234001;"150234002;150234003;150234004;150234005;150234006; 150234007;150234008;"150234009;150234010;150234011;150234012;150234013;150234014; 150234015;150246000;150246001;150247000;150248000;150248001;150361000. Transmission line corridor (5 parcels): 210544000; 210546000; 210552000; 210562000; 210563000. Page 1 of 7 A. Solar and BESS Facility Area Parcel 160228000 Proforma reference: Exhibit A-2, Tract A; File No. FN-45005-WA-1. Fee owner (as stated in proforma): IVIB Brown Farms, LLC, a Washington limited liability Company Legal description: The Northeast quarter of Section 1, Township 16 North, Range 23 E.W.M., Grant County, Washington EXCEPT that portion conveyed to the State of Washington for highway by deed recorded March 26, 1954, under Auditor's File No. 219191 and by deed recorded May 6, 1999, under Auditor's File No. 1046474 AND EXCEPT that portion described as follows: Beginning at a U.S.B.R. Brass Cap monument marking the Northeast corner of said Section 1, said point bears North 88041'22" East, 842.44 feet from a U.S.B.R. Brass Cap monument marking the Section corner common to Sections 36 and 31 on the North boundary of said Section 1; thence South 88041,22" West, following the North boundary of said Section 1, a distance of 393.33 feet to a half inch rebar with surveyor's cap and the True Point of Beginning; thence South 01'18'38" East, 417.42 feet, to a half Inch rebar with surveyor's cap, said point being a point on a curve, the center of which bears South 22'36'50" West; thence Westerly and Southerly following said curve, having a central angle of 187'25'29" and a radius of 598.05 feet, 1956.33 feet; thence South 50038'01" West, 135.22 feet, to an intersection with the Northeasterly right of way boundary of S.S.H. 26 (formerly SSH #7-C); thence following said Northeasterly right of way boundary thrOUgh the following 2 courses; North 37'17'00" West, 1713.72 feet; thence Northwesterly following a tangential curve to the left, having a central angle of 04'2256" and a radius of 3895 feet, 297.91 -feet to an intersection with the North boundary of said Section 1; thence North 88041'56" East, following the North boundary of said Section 1, a distance of 1260.41 feet to a U.S.B.R Brass Cap monument marking the Section corner common to Secti6n 36 and 31 on the North boundary of said Section 1; -thence North 88'41'22" East, continuing to follow said North boundary, 449.11 feet to the True Point of Beginning. Parcel 150229000 Proforma reference: Exhibit A-2, Tract B; File No. FN-45005-WA-2. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northwest quarter AND the Southeast quarter of Section 1, Township 16 North, Range 23 E.W.M., Grant County, Washington EXCEPT that portion of the Northeast quarter of the Southeast quarter of said Section 1 conveyed to the State of Washington for highway by deed recorded July 23, 1954, under Auditor's File No. 226239 and by deed recorded May 61 1999 under Auditor's File No. 1046474.. Parcel 150230000 Proforma reference: Exhibit A-2, Tract C; File No. FN-45005-WA-3. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Southwest quarter of Section 1, Township 16 North, Range 23 E.W.M., Grant County, Washington. Page 2 of 7 Parcel 160231000 Proforma reference: Exhibit A-2, Tract D; File No. FN-45005-WA-4. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: Government Lots 1 and 2 and the South half of the Northeast quarter of Section 2, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 160232000 Proforma reference: Exhibit A-2, Tract E; File No. FN-45005-WA-5. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: Government Lots 3 and 4 and the South half of the Northwest quarter AND the Southwest quarter of Section 2, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 160233000 Proforma reference: Exhibit A-2, Tract P; File No. FN-45005-WA-33. Fee owner (as stated in proforma): MB BROWN FARMS LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 16 NORTH, RANGE 23 E.W.M., RECORDS OF GRANT COUNTY, WASHINGTON. Parcel 1 50234000 Proforma reference: Exhibit A-2, Tract F; File No. FN-45005-WA-6. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northeast quarter of the Northeast quarter of Section 3, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcels 160234001 through 160234011 (collectively) Assessor parcel numbers: 150234001; 150234002; "150234003; 150234004; 150234005; 150234006; 150234007;150234008;150234009;150234010;1502340"11. Proforma reference: Exhibit A-2, Tract G; File No. FN-45005-WA-7. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northwest quarter; the Southwest quarter and the Northeast quarter of Section 3, Township 16 North, Range 23 E.W.M., Grant County, Washington EXCEPTING THEREFROM the Northeast quarter of the Northeast quarter thereof. Page 3 of 7 Parcel 150234012 Proforma reference: Exhibit A-2, Tract H, Parcel 1; File No. FN-45005-WA-1 8. Fee owner (as stated in proforma): IVIB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northeast quarter of the Southeast quarter of Section 3, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 150234013 Proforma reference: Exhibit A-2, Tract H, Parcel 2; File No. FN-45005-WA-1 8. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northwest quarter of the Southeast quarter of Section 3, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 150234014 Proforma reference: Exhibit A-2, Tract H, Parcel 3; File No. FN-45005-WAA 8. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Southwest quarter of the Southeast quarter of Section 3, Township 16 North, Range 23 E.W.M. Grant County, Washington. Parcel 150234016 Proforma reference: Exhibit A-2, Tract H, Parcel 4; File No. FN-45005-WA-1 8. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Southeast quarter of the Southeast quarter of Section 3, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 160246000 Pro -forma reference: Exhibit A-2, Tract 1, Parcel 1; File No. FN-45005-WA-22. Fee owner (as stated in proforma): MB BROWN FARMS 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northeast quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington EXCEPT that portion of the Southwest quarter of the Northeast quarter lying with within following described tract: Beginning at the Southeast corner of the Northeast quarter of said Section; thence North 89'19'56" West along the South line of the Northeast quarter of said Section, a distance of 1734.66 feet to the True Point of Beginning; thence South 01'14'55" West, a distance of 75.64 feet; thence South 69'3946" West, a distance of 200 feet; thence South 61'31'44" West, a distance of 200 feet; thence South 53'23'42" West, a distance of 200 feet; thence South 45'15'40" West, a distance of 200 feet; thence South 37'07'38" West, a distance of 200 feet; thence South 28'5936" West, a distance of 200 feet; thence South 2305423" West, a distance of 50.21 feet to the intersection of the West line of the East half of Section 12; thence North 01'06'14" East along the East line, a distance of 884.85 feet to a point 67.20 feet South of the center of the U.S.B.R. Canal Page 4 of 7 "B5J1"as projected along said bearing; thence North 64'20'00"East, adistance of 235.60feet and said line being parallel to and60 feet from the centerline of said canal as measured perpendicular between the said boundary ofcenterline ofthe canal; thence South 59'O1'54"East, odistance of224.28feet; thence North 3O^58'O8''East, 250feet; thence South 58"O1'54"East, adistance of113feet thence South 30"5Ey06'V\eot. adistance of4Ofeet; thence South 58"O1'54"East, adistance of4Ofeet; thence North 30�58'O8"East, e distance of4Ofeet; thence South 59=O1'54"East, adistance of47feet; thence South 87"O8'5G"East, e distance of 200 feet; thence South 01'14'55" West, a distance of 24.38 feet to the True Point of Beginning. Pas:e!1602460Oi ' Proformoo reference: ExhibitA-2. Tnaot|. Parcel 2| File No. FN~45005-V\A,22. Fee owner (as stated |npnofonse): MBBROWN FARMS 2, LLC'AVVA8H|N(3T{]N LIMITED LIABILITY COMPANY Legal description: The Southeast quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington EXCEPT that portion thereof lying within the plat of Irrigation Block 84, Columbia Basin Project, ao,cording to the plat thereof filed September 18, 1956 AND EXCEPT that portion of the Northwestquarter ofthe Southeast quarter of Section '12, Township 16 North, Range 23 E.W.M., lying within the following described tneot: Beginning at the Southeast corner of the Northeast quarter of said Section; thence North 89'19'56" West along the South line of the Northeast quarter ofsaid Section, adistance of 1734.66 feet to the True Point of Beginning; thence South O1"14'55"West, adistance of75.84feet; thence South G9"38'46"West, adistance of2OOfeet; thence South 61031'44"West, adistance of2OUfeet; thence South 53"23'42"West, adistance of20Ufeet; thence South 45'164O"West, edistance of2OOfeet; thence South 87"O7'38"West, adistance of2OOfeet; thence South 28'58'30"West, mdistance of2OOfeet; thence South 23"54'23'West, adistance of 50.21 feet to the intersection of the West line of the East half of Section 12; thence North OV0614" East along the East line, a distance of884.85 feet to a pointO7.2O feet South of the center of -the U.8.B.R. Canal "B5J1"as projected along said bearing; thence North 64020'00" East, a distance of 235.60 feet and said line being parallel to and 60 feet from the centerline of said canal as measured perpendicular between the said boundary of centerline of the canal; thence South 59"01'54" East, a distance of 224.26 feet; thence North 30"58'00"Eest 25Ofeet; thence South GS"O1'54"East, edistance of113feet thence South 3O'58'O0"West, adistance of4Ufeet; thence South 590O1'54"East, adistance of4Ofeet; thence North 3O058'O8"East, a distance of4Ofeet; thence South 590O1'54"East, adistance of47feet; thence South 67'OS'56"East, a distance of20Ofeet; thence South O1014'55"West, edistance of24.38feet tothe True Point ofBeginning. Porce!15O2470O0 Profmnmereferenoe: Exhibit A-2.Tract J| File No. FN-45005-VVA-24. Fee owner (as stated in pro -forma): MB BROWN FARMS, LLC, AVVA8H|NGT(]N LIMITED LIABILITY COMPANY Legal description: The Northwest quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parce!1,6O248O0O Proforns reference: ExhibitA-2. TraotD; File No. FN-45005-VVA-32. Fee owner (as stated in pnmfmnna): PNB BROWN FARMS, LLC'A\&Y\SH|NGTON LIMITED LIABILITY COMPANY Legal description: The Southwest quarter of Section 12. Township 10 North, Range 23 E.W.PN., Grant County, V\aehington, EXCEPTING THEREFROM any portion lying within any Fenn Units. Page 5of7 parcel150248OO1 proforma reference: Exhibit A-2.Tract T; File No. FN-45005-WA-47. Fee owner (as stated 1nprofomma):JUSTINM.BROWN, AMARRIED MAN, ASHIS SEPARATE ESTATE Legal description: That portion ofthe Southwest Quarter ofthe Northeast Quarter and the Northwest Quarter ofthe Southeast Quarter of Section 12, Township 16 North, Range 23 East, W.M., Grant County, Washington more particularly described aofollows: Beginning at the Southeast corner of the Northeast Quarter of said section; thence North 89'19'56" West along the South line of the Northeast Quarter of said Section 1734.88 feet to' the True Point of Beginning; thence South O1014'55"West, 75.84feet; thence South G8"3Q'4G"West, 2OO.00feet; thence South 81"31`44"West, 2OO.00feet; thence South 53"23'42"West, 2OO.00feet; thence South 45"15`4O"West, 2OO.00feet; thence South 37"O7'38"West, 2OO.00feet; thence South 28'59'38"West, 2OO.00feet; thence South 23°54'23" West, 50.21 feet to -the intersection of the West line of the East one-half of said Section 12; thence North 01 006'14" East along said East line 884.85 feet to a point 67.20 feet South of the center of the USBRcanal "RB5J|"asprojected a|ong said bearing; thence North 84'2O'DO"East, 235.60feet and said line being parallel -to and 8O.00feet from the centerline ofsaid canal aameasured perpendicular between the said boundary and centerline ofthe canal; thence South 5@'O1'54"Eaat.224.26feet; thence North 3O=58'O8" East, 250.00 feet; thence South 59001'54" Eost, 113.00 feet; thence South 30058'06" West, 40.00 feet; thence South 59=O1'54"East, 4O.00feet; thence North 3O058'O0"East, 4O.00feet; thence South 59'O1'54" East, 47.O0feet; thence South 67"09'58"East, 2OO.00feet; thence South O1"14'55,West, 24.38feet tothe True Point of Beginning. Parcel 160361000 Profonma reference: Exhibit A-2,Tract L; Flha'Mo. FN . Fee owner (as stated in : MBBROWN FARMS, LLC.AWASH|NETONLIMITED LIABILITY COMPANY Legal description: The East half of the Northeast quarter AND the North half of the Southeast quarter of Section 34 Township 17 North, Range 23 E.W.M., Grant County, Washington EXCEPT that portion of the Northeastquarter ofthe Northeast quarter conveyed to the State of Washington bydeed recorded June 2,1QG5.under Auditor's File No.495B84. Page 8of7 B. Transmission Line Corridor Parcel 210644000 Proforma reference: Exhibit A-2, Tract Q; File No. FN-45005-WA-34. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: THAT PORTION OF FARM UNIT 5, IRRIGATION BLOCK 84, COLUMBIA BASIN PROJECT, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 18, 1956, RECORDS OF GRANT COUNTY, WASHINGTON, LYING IN THE SOUTH HALF OF THE SOUTH HALF OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 23 E.W.M Parcel 210546000 Proforma reference: Exhibit A-2, Tract M, Parcel 1; File No. FN-45005-WA-29. Fee owner (as stated in proforma): MB. BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL 1 AND MB BROWN FARMS 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL. 2. Legal description: That portion of Farm Unit 6, Irrigation Block 84, Columbia Basin Project, according to the plat thereof filed September 18,1956, records of Grant County, Washington, lying in the Southwest quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 210652000 Proforma reference: Exhibit A-2, Tract R; File No. FN-45005-WA-35. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description -,- THAT PORTION OF FARM UNIT 9, IRRIGATION BLOCK 84, COLUMBIA BASIN PROJECT, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 1956, RECORDS OF GRANT COUNTY, WASHINGTON, LYING IN THE SOUTH HALF OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 23 E.W.M. Parcel 210562000, Proforma reference: Exhibit A-2, Tract M, Parcel 2; File No. FN-45005-WA-29. Fee owner (as stated in proforina): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL 1 AND MB BROWN FARMS 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL 2. Legal description: That portion of Farm Unit 16, Irrigation Block 84, Columbia Basin Project, according to -the plat thereof filed September 18, 1956, records of Grant County, Washington, lying within the Southwest quarter of the Southeast quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 210563000 Proforma reference: Exhibit A-2, Tract N; File No. FN-45005-WA-31. Fee owner (as stated in proforma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: That portion of Farm Unit 16, Irrigation Block 84, Columbia Basin Project, according to the plat thereof filed September 18, 1956, records of Grant County, Washington, lying in the East half of the Southeast quarter of the Southwest quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington. Page 7 of 7 Royal Slope Solar j Profor a Tract Reference Map Tracts A-EE keyed to COUnty parcel geometry 0 T AA V M1 M2* X# U UlmBB R-- w 0 1 mile 11 i —04 CC D D EE r---1 Solar/BESS/Mitiqation parcels r---1 Transrnission parcels (private) Other proforrna parcels ENot included (no development) TRACT / PARCEL CROSSWALK. A 150228000 B 150229000 C 150230000 D 150231000 E 150232000 IF 150234000 G 150234001 through 150234011 (11) H 150234012 through 150234015 (4) 150246000;150246001 150247000 K Intentionally deleted in proforma L 150361000 M 210546000 (Ml), 210562000 (M2*) N 210563000 0 150248000 p 150233000 Q 210544000 R 210552000 S 210541000 T 150248001 U 150252000 V 210528000 w 210539000 x 150255000 Y 210490000 z 210491000 AA 210529000 BB 210549000 CC 150249000 DD 210564000 EE 210561000 County GIS parcel polygons matched by parcel number; not a survey, title deterinin'ttion, facility footprilit, Or tuansalission, alliql1ment. Sources: Proforma Version 10, Exhioit A-2 (August 13. 2026): Grant County Parcei and Roaa centerlines iziyers, §etrieved Septembet �28, 202u, SHEET I GIS: htips;//data-gran-tais.cot-ii/ I CRS: VVGS 84 , UTIA zone AN (EPS(3:32611); grid north, SnOW, EXHIBIT "B" HEARING EXAMINER. DECISION [SEE ATTACHED] DEVELOPMENT AGREEMENT Page 16 of 19 4928-7222-8261.3 W 'RANT COUNTY ds LAND USE HEARING EXAMINER IN THE MATTER OF FINDINGS OF FACT9 CONCLUSIONS OF LAW, AND P 25-0178 DECISION AND Royal Slope Solar CUP CONDITIONS OF APPROVAL TT11S MATTER having come on for hearing in front of the Grant Cotwty Heming Examiner on Z:? August 12. 2026, the I -fearing &aminer having taken evidence hereby submits 'ale following Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: L FINDINGS OF FACT CUP File: P 25-0178 SEPA File. P 25-0179 Applicant: Royal Slope Solar LLC (Clea Nvay Energy Group) Applicant Donette Miranda, Director of Development, Clearway Energy Group Contact: Applicant Agent.- Stephanie Nagai, Tetra Tech,. Inc. Propewly Owners.-, Multiple private parcel owners under executed lease agreements across thirty-seven (37) parcels; a portion of the transmission line component crosses lands administered by the U.S. Bureau of Reclamation. Proposal: Conditional Use Permit for a 260 megawatt (MVV) alternating current (AC) utility.. scale photovoltaic solar generating facility With a co -located 260 MW X 4-hour (approximately 1,040 megawatt -hour) lithium 'iron phosphate (LFP) Battery Energy Storage System (BESS), an on -site project substation, pad -mounted inverters, operations and maintenance (OW) facilities, perimeter security fencing, internal gravel access roads, and a generation tie -line to the point of interconnection. The transmission line component crosses lands administered by the U.S. Bureau of Reclamation. Total Project Area is approAmately 2,974 acres, the CUP applies to approximately 2,360 acres on private land; the fenced solar and BEES facility footprint would develop up to approximately 1 732 acres. Location:, Sections 1, 2t 31 41 12, and 14 of Township 16 North, Range 23 East, W.M., Grant County, Washington. ApproAmately 4 miles south of Royal City, Washington. Parcels (37): Solar and BESS facility area (32 parcels): 150228000; 160229000; 150230000; 150231000; 150232000; 150233000; 150234000; 150234001; 150234002; 150234003; 150234004; 150234005, 150234006; 150234007; 150234008; 150234009; 150234010; 150234011; 150234012; 150234013; 150234014; 150234015; 150246000; 15024.6001; 150247000; 160248000; 150248001; 150251000; 150356001; 150358001; 150361000; 150362001. Transmission tine P25-0178 Royal Slope Solar CUP Nacre I of 47 corridor (6 parcels): 210544000; 210546000; 210552000; 210562000; 210563000. Parcel 210552000 is the private land parcel within the Action Alternative 2 Transmission Line Corridor identified in Reclamation Final Environmental Assessment CPN-EA-2024-01 (June 2026). Zoning: Rural Resources (RRes) and Rural Remote (RRem) per the Grant County Assessor's records. Comprehensive Plan designation: Rural Resources. Federal Nexus Partial. The transmission line component crosses lands administered by the U.S. Bureau of Reclamation and is the subject of ReclamaUon's Final Environmental Assessment CPN-EA-2024-01 (June 2026), Action Alternative 2. Reclamation is federal lead agency for National Environmental Policy Act review of the transmission line component and for Section 106consultation under the National Historic Preservation Act (54 U.S.C, § 306108; 36 CFR Part 800). The solar and BESS facilities on private land are within Grant County's judsdiction under GCC Title 23 and Title 24. Consistent with WAS C 197-11-158(4), Grant County defers to the federal Section 106. process for the transmission line component on Reclamafion-managed lands and conditions project approval on compliance with its outcomes (WIDNS Conditions G-1 and G-2). Fire District. Grant County Fire District No, 10 (GCFD-1 0) Lead Agency Grant COUnty Development Services (SEPA): Responsible Director, Grant County Development Services 14 Official (SEPA),, SEPA Threshold Mitigated Determination of Nonsignificance (MDNS) issued July 116,. 20260 Determination: Comment period closed July 30, 2026 Hearing Type: Open -record public hearing before the Grant County Hearing Examiner per GCC Chapter 25,12 Hearing Date. August 12, 2026 Hearing Location Grant County Commissioners' Hearing Room, 35 C St NVV, Ephrata, WA 98823 (and via published remote -participation link) Report Prepared Jim Anderson -Cook, Director, Grant County Development Services; (509) 754- Byr: 2011, ext. 2522; jcook@grantcountywa.gov Report Date: Auciust 7, 2026 W Based on their review of the application materials and rennalhider ofthe file of record, the Grant County Development Services made the followm*g recommendations.- 1. 1. Confirmation of SEPA MD NS (File P 25-0179). The HeaThig Examiner should affirm that the SEPA Mitigated Determination of Nons3gnificance issued July 16, 2026, satisfies the Cowity's environmental review obligations under Chapter 43.21 C RCW, Chapter 197-11 WAC, and GCC Chapter 24.04, and that federal envirotunental review of the transmission line component on Redamatioti.-managed lands has proceeded under Bureau of Reclamation Final Environmental Assessment. CPN-EA-2024-01 (June 2026) and its associated Finding of No Significant Impact; and P25-0178 Royal Slope Solar CUP Page 2 of 47 1.2. Approval of the CUP (File P 25-0178). The Hearing Examiner should APPROVE Conditional Use Permit P 25-0178 for the Royal Slope Solar - 260 MW Solar and 260 MW / 4-Hour Battery Energy Storage System Project, SUBJECT TO (a). the. Mitigation Conditions in. Sections A through J of the Mitigated Determination of Nonsignificance (SEPA File P-25-0179) 'Issued July 16, 2026, which are incoiporated as CUP conditions under GCC 24.04.120(g) and WAC 197-11-350(3), and (h) the Recomri mended Conditions ofApproval set forth in Part 9 of this Report; and, upon the record made at hearing, deem the substantive DOD -siting and FAA aviation -safety requirements SATISFIED and WAIVE MD NS Conditions E- 10, E- 14, and I- I (Item I- 18) as pre -permit filing conditions, on the tenns set forth. in Finding 10 and Part 10. 7 of this Repoit-9 and 1.3. Provide direction to Grant County Development Services to issue the Post -Hearing Notice A - of Decision on the Conditional Use Permit under GCC 2.5.08,070 and GCC Chapter 25.16 folloWing the Hearing Examiner's viritten Decision, identifying the ten (10)-day reconsideration deadline (xCC Chapter 25.16) and the twonty'one (1)-daffy Land Use Petition Act deadline (RCW 3 6.70C.040 ' and RCW 43.2 1 C.075 (0). 2. Project Description .1. Facility Components ..1.1. The Project consists of a 260 megawatt (MW) alternating current (ACC utility -scale photovoltaic solar generating facility with a co -located 260 MW x 4-hour (approximately 1,040 mega aft -hour) litbium iron phosphate (LFP) Battery Energy Storage System (LESS). Supporting facilities include an on -site project substation, pad -mounted inverters, operations and maintenance (o&ice) facilities, perimeter security fencing, internal gravel access roads, and a generation tie -line to the point of interconnection.. 2.2 Site Data 2.2. 1. Total Project Area is approximately 2,974 acres, The Conditional Use Permit applies to approximately 2,360 acres on private land. The fenced solar and BESS facility footprint -would develop -up to appro. iMately 1,732 acres. The Project spans thirty-seven (37) parcels entunerated in the Case Summary table above (32 solar and BE SS parcels- 5 transmission line eonidoy parcels), located in Sections 1, 2, 3, 4, 12, parcels; and 14 of Township 16 North, Range 23 East, viva Grant County, Washington, approximately 4 miles south of Royal City. 2.3. Utility Connection and Off -Take 2.3.1. The Project will interconnect tlu-ough a generation tie -line to the transmission system. The transmission tine component crosses lands adm"Illistered by the U.S. Bureau of Reclamation and is the subject of Reclamation Final Environmental Assessment CPI-EA-2024-Ot (June 2026), Action Alternative 2, with a coordinated Bonneville Power Administration Large Generator Interconnection Agreement ( ,GTA) pathway addressed M* MDNS Section F. 2.4. Construction Schedule P25-0178 Royal Slope Solar CUP Page 3 of 47 2.4-1. Site preparation and civil construction are anticipated to begin following execution of the Development Agreement under GC C Chapter 25.28 and issuance of arading building, mechanical, fire marshal constniction, and access permits, and after satisfaction of the pre -ground -disturbance submittal schedule consolidated in MDNS Condition 1-1. Commercial operation is anticipated consisteixt with the Applicant's Constriction Schedule on file in the Master Appli cation. 3. Setting 3.1. Zoning and Comprehensive Plan Designation .1.1. All pfivate-land parcels are zoned Rural Resources (RRes) with a portion in Rural Remote (RRern) per the Grant County Assessor's records. The Comprehensive Plan designation is Rural Resources,. Utility -scale solar generation is authorized as a conditional use in the RRes and RRem districts under GCC 23.08.357 and GCC Chapter 2_3 � 04. 3.2. Surrounding Land Use 3..1. Stu-rotmding Im-id use is predonuffiantly agricultural (irrigated and dryland resource lands) with rural residential dwellings, Bureau of Reclamation -managed federal lands to the east and south, and open shrubsteppe. The PrOJ* ect is located in a low -population i-ual setting approximately 4 miles south of Royal City. 3.3. Xatural Environment 3.3.1.1. Site vegetation is a tnix of disturbed shrubsteppe, inigated agriculture and non-native grasslands. WDFW-mapped Priority Habitat and Species elements are present within and adjacent to the Project Area (letters of November 3, 2025; March 6, 2026; and April 24, 2026, fi-om WDFW Region 2). Wetlands and other critical areas are addressed in the Applicant's environmental record and in IVIDNS Section A (Conditions A -I through A- 13) and MD NS Section B (Habitat Mitigation and Species Protection). 3.4. Public Infi,-astructure 3.4.1. The Project takes access from established County roads via approved road - approach perm is and a Road Use Agreement addressed in MDNS Section F. Fire response is coordinated with the applicable Grant County Fire District Linder MDNS Section F, including the BE SS Hazard Mitigation Analysis under I\TFPA 85 5 § 4.1.4, the Emergency Response Plan,, and the Fire Prevention Plan. Coordination with the Department of Defense Siting Cleminghouse and Joint Base Lewis-McChord - Yakima Training Center (JBL -YTC) has been completed of record and is documented in MDNS Condition E-10; FAA 14 CFR Part 77 screening documentation i's required wider AMNS Conditions E- 10, 1- 1 (q), and E- 14. 4. Notice, Consultation, and Public Process 4..1. Application and Completeness 4.1.1. The Conditional Use Permit application tP- 5-0178) vas accepted and reviewed as 3 complete by Grant County Development Services. I i ne record includes the Initial CUP P25-0178 Royal Slope Solar CUP Page 4 of 47 application and exhibits? the First Addendum dated January 30, 2026, and the Second 3 Addend-Lun dated May 8, 2026. Compliance with GCC 23.08.3 57 and GCC 25.08-060 was reviewed M* the Grant County Atuended Compliance Review dated April 10, 2026, and further reviewed in the Grant County Compliance Review dated Rine 17, 2026 (Parts 1 through 4). b 4.2. Notice qfPublic Hearing 4.2.1. Notice of the Public Hearing before the Grant County Hearing Exammer is posted, published, and mailed consistent with GCC Chapter 25.12. Notice was published in the newspaper oftecord and posted on the site and on the Grant County Development Services website. The Notice of Threshold Deteymination and Mitigated Detennm*ation of Nonsignificance were issued July 16, 2026, and posted to the Washington State Department of Ecology SEPA Registet consistent with WAC 197- 11-508. 4.2.2. Errata (transmittal correction). The Notice of Threshold Determination and MDNS email transmittal dated July 16, 2026, contained clerical references to Grant County file numbers P-25-0047 and P-25-0048 (wa unrelated Record Energy Center project) and a location description of "approximately 5 miles northeast of Quincy." Those references are clen"cal errors in The outbound transmittal only. The Project subject to tlu's proceeding i's Royal Slope Solar LLC, Grant County Files P-25-0178 (CUP) and P-25-0179 (S)SPA.), located approximately 4 miles south of RoydI City, Washington' in Sections 1, 2., 3, 4, 12, and 14 of Township 16 North, Rancre 23 East, W.M. The MDNS itself, the SEPA Register posting, the Notice of Application, and the published newspaper notice all reference the correct file numbers, location, and project description. No re -notice is required under WAC 197-11-510 because the substantive notice content is correct and the clerical errata do not go to the merits of the determination. 4 3. Tribal Consultation .3.1. Consistent with County pradke and the Tribes' asserted areas of interest, County notice was provided to the Confederated Tfibes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, and the Wanapum and. The following, project -specific responses were received and are part of the record: 4.3.1.1. Confederated Tribes of the Colville Reservation (CTCR) - History/Archaeology Program. Invited Linder 36 CYR, § 800.2(c)(2)(ii). CTCR is a consulting party m' -the Reclatnation-led Section 106 process under 36 CFR Part 800 and its Section 106 correspondence in this record"is treated for purposes of the CUT under WAC 197-11-158(4) and MDNS Conditions G-I and G-2, The consultation record includes CTCR letters dated October 16, 2025 (Ex. 5. 1); Rily 9, 2026 (Ex. 5,2); and July 15, 2026 (Ex. 5.3), the last of which i's signed by Amelia Stanger as CTCR Interim T-Tibal Historic Preservation Officer. [1] CTCR memoranda address precontact archaeological sites CTR04692 and GR04693, which. are addressed by MDNS Condition H.2A (interim avoidance and archaeological monitoring). The July 10,, 2026, correspondence attributed in the P25-0178 Royal Slope Solar CUP Page 5 of 47 record to the Wanaptun and of Priest Rapids addresses the Saddle Mountains Traditional Cultural Property and is addressed by MDNS Condition H-213. 4.3.1.2. Amelia StancrC)er is s affiliated only vvitb the Confederated Tribes of the Colville Reservation, in her capacity as CTCR Interim Tribal Historic Preservation Officer and signed the CTCR letter of July 15, 2026 (Ex. 5.3) in that capacity. Any prior draft reference in Staff Report materials that appeared to associate Ms. Stanger with the July 10, 2026, correspondence from the Wanap-Lun Band of Priest Rapids is a clerical error and is corrected. in this Version 1. The July 10, 2026, Wanapum correspondence is a conununication from the Wanapum. Band of Priest Rapids and is properly attributed to that Tribal government (signatory name as it appears in the record); it is not signed by Ms. Stangm Staff placed a further written. clarification in the record if either Tribal government identifies any remaining correction required. Nothing in this footnOte alters the scope of MDNS Conditions H-2A (TCR-i.dentiffied precontact archaeolocrical sites GR04692 and GR04693) or H-2B (WanapLuu- identified Saddle Mountains Traditional Cultural Property), both of which are enforceable as issued. 4.3.1.3. Confederated Tribes and Bands of the YaliAma Nation - Cultural Resources Program (YNCRP). Invited -under 36 CFR § 800.2(c)(2)(ii). The consultation record *Includes YNCRP letters dated January 4, 2024 (Ex. 5.5); January 9, 2024 (Ex. 5.6); November '. ), 2025 (Ex.. 5.7); April 21, 2026 (Ex. 5.8, Casey Barney, YNCRP'' Manager, to Reclamation); April 25,2026 (Ex. 5.9); June 16, 2026 (Ex. 5.10, Jessica Lally, Lead Archaeologist, NCRP, to Grant County); and June 26, 2026 (Ex. 5.11, Gregg Kiona, Interim Program Manager, YNCRP). The Arne 16, 20261> letter (Ex. 5. 10) conflimis that the west and north Traditional Cultural Property (TCP) sensitivities identified in the April 21, 2026, letter to Reclamation are conditionally resolved tbrough the 40-meter Tribal exclusion -zone 1--' MZ trwismitted to YNC on April 22, 2026, provided that exclusion zone is honored on the ground - now implemented as MDNS Condition H-2. The June 16, 2026, letter, however, also identifies a separate, significant TCP -visual impact at Key Observation Point (KOP) 36A., states that [s]trate. ies to alleviate impact via proj* ect redesign are unlikely," and formally requests execution of a Memorandum of Agreement under 36 CPI § 800.14(b) to resolve the KOP 36A impact through the federal Section 106 process. The June 26, 2026., YNCRP letter (Ex. 5.tt) confitins "continued discussions to address the remaining TCP impacts." The Section 106 process, remains ongoing, and the KOP 3 6A TCP visual impact is not yet resolved. This posture is expressly recognized in MDNS Condition H-1 (Section 106 / Programmatic MOO pathway - Private Lands; KOP 36A) and MOLTS Condition H-3 (Visual Impact Mitigation Plan - :SOP 36A) and coordinated by the addition of a new sub - provision. H-3(f). 4.3.1.4. Wainapum Band of Priest Rapids - Heritage Center I Interface Office. Invited under 36 CPR § 800.3((3). No comments received during the con=ent penod. P25-0178 Royal Slope Solar CUP Page 6 of 47 4.3.2. Confidentiality of location -sensitive cultural resource infonnation is preserved under Section 304 of the National Historic Preservation Act (54 U.S.C. § 307103), ' )6 CFR § 800.11 (c), and RC W 42.56-300. 4.4. Agency Comment Sure maty U.S. Bureau of Federal lead agency for the transmission line component. Reclamation issued Reclamation (Columbia- Final Environmental Assessment CPN-EA-2024-01 (June 2026) selecting Action Pacific Northwest Region - Alternative 2 and the associated Finding of No Significant Impact. Reclamation Ephrata Field Office) continues to lead Section 106 consultation for the federal -lands segment. V\/ashington State State Historic Preservation Officer for Section 106 consultation and consulting Department of party for cultural resources issues on non-federal Project lands. Archaeology and Historic Preservation (DAHP) Confederated Tribes and Consulting party under 36 CFR § 800.2(c)(2)(ii), YNCRP letters dated April 21? Bands of the Yakama 2026 (Ex. 5,8'; June 16, 2026 (Ex. 5,10); and June 26, 2026 (Ex, 5 : I I ) confirm Nation - Cultural conditional resolution of the west and north TCP sensitivities through the 40-meter Resources Program exclusion zone (MDNS Condition H-2) and identify a remaining significant TCP (YNCRP) visual impact at KOP 36A requiring resolution through a Memorandum of Agreement under 36 CFR § 800.14(b), Reflected in MDNS Conditions H-1, H-2f and H-3, and in Part 10.4 referenced in the Staff Report. Confederated Tribes of the Consulting party under 36 CFR § 800-2(c)(2)(ii), CTCR letters dated October 16, Colville Reservation 2025 (Ex. 5.1); July 9, 2026 (Ex. 5.2); and July 15, 2026 (Ex. 5.3, Amelia Stanger, (CTCR) - Interim THPO). Reflected in MDNS Condition H-2A. H istory/Archaeology Program Spokane Tribe of Indians Letter dated October 7, 2025 (Ex. 5.4) . Consulting party in the Reclamation -led Section 106 process. Any cultural -resources direction received through the Section 106 process is coordinated by MDNS Conditions G-1 I G-2. and H-4 (consultation log)- Wanapurn Band of Priest Invited under 36 CFR § 800.3(f)(3)_ July 10, 2026 correspondence identifies the Rapids - Heritage Center I Saddle Mountains Traditional, Cultural Property; addressed by MDNS Condition Interface Office 1-1-213, Washington State Comment letters dated November 3, 2025 (Ex. 5.15); March 6, 2026 (Ex. 5. 16); Department of Fish and March 16, 2026 (Ex. 5.17); and April 24,, 2026 (Final Concurrence Letter and Wildlife (VVDFW, Region 2) Habitat Mitigation Plan, Ex. 5.18),, addressing shrubsteppe habitat, Priority Species, wildlife -friendly fencing (including a strong recommendation against barbed and razor wire), wildlife ingress and egress from the fenced facility,, and habitat mitigation. WDFWs positions are incorporated through MDNS Section B and specifically Conditions B-1 (fencing performance standard, including new P25-0178 Royal Slope Solar CUP Page 7 of 47 sub -provision B-1 (c) prohibiting barbed and razor wire),. B-8 (wildlife ingress/egress or rigid -barrier alternative), and C-I (biological monitor scoping to identified suitable habitat). Total shrubsteppe compensatory mitigation acreage at the GCC 24.08.340 Table 5 2:1 ratio is 366.60 acres (172.75 solar -facility impact acres + 3.26 transmission -line impact acres = 176.01 acres x 2), Washington State Comment letters dated October 31, 2025 (Ex. 5.12); March 5, 2026 (Ex. 5.13); Department of Ecology and July 29, 2026 (Ex. 5.14). Coordination on stormwater (Construction Stormwater General Permit; Industrial Stormwater General Permit), water quality, Clean Water Act § 401 water quality certification, water rights (including water right G3-24921), and SEPA Register posting; reflected in MDNS Section A. Grant County Public Comment letter dated October 30.. 2025 (Ex. 5.19).12) Coordination on Works (GCPW) transportation, road use, road -approach permits, grading permits, and engineered civil plan set requirements; reflected in MDNS Section F and Supplemental Conditions S-3 (Road Use Agreement) and S-4 (grading permits). Grant County Assessor Comment letter dated October 6. 2025 (Ex. 5.20). Coordination regarding Current Use (Open Space, Agricultural, or Timber) classifications under RCW Chapter 84.34 on affected parcels; reflected in Supplemental Condition S-7 (Assessor Current -Use Coordination). Grant County Public Utility Comment letter dated July 29,, 2026 (Ex. 5.21). Coordination on distribution - District (Grant PUD) system interface, service to on -site O&M facilities, and any required PUD easements or franchise agreements; reflected in MDNS Section F. 4.4.1. The Grant County Public Works cone -rent letter dated October '. )0, 2025 (Ex. 5.19) was prepared on the pre -First -Addendum project configuration, which described a larger project footprint of approximately 3,800 acres of lease boundary distributed across Sections 01, 02, 03, 10, 11., and 12 of Township 16 North, Range 23 East, W.M. The current project configuration under the First Addendum (January 30, 2026) and Second Addendum (May 8, 2026) is a total Project Area of approximately 2,974 acres, with a CUP -jurisdiction area of approximately 2,360 acres on private land and a fenced solar and LESS facility footprint of approximately 1,732 acres in Sections 1, 2, 3, 4, 12, and 14 of Township 16 North, Range 23 East, W.M. See Finding 5(a) below. The GCPW comment topics (road use, road -approach pen -nits, grading permits, and engineered civil plan set requirements) apply to the current configuration and are incorporated by MDNS Section F and Supplemental Conditions S-3 and S-4. 4.5. Public Comments Summary 4.5.1. Public comments received during scoping,, the Notice of Application, and the SEPA MDNS comment period (July 16, 2026 - July 30, 202.6) have been logged and are addressed in the SEPA record ere hw and, , germane to the CUP criteria, addressed in * the Additional Findings of Fact below and in the Conditions of Approval in Part 9. P25-0178 Royal Slope Solar CUP Page 8 of 47 I , 4 5. Aaplicabk Regu I iations 5.1 a The Heafing Examiner's decisiont"s governed by, among other authorities: 1. 5.1.1. State Environmental Policy Act (SEPA). Chapter 43.21C RCW; Chapter 197-11 WAC (ineludffig A. 197-11-158(4) reliance on federal environmental doctimentsl WAC 197-11-340, WA. C 197-11-350, WA C 197-11-360, WAC 197-I1-600,'WAC 197-11-6103 WAC 197-11-625); GCC Chapter 24.04. 5.1.2. Grant County Uniffied Development Code. GCC 23.08.357 (Solar Energy Facilities Special Use Standards),- GCC 25.08.060 (Conditional Use Permit Criteria), GCC 25.08.070 (Notice of Decision); GCC Chapter 25.12 (Hearing Examiner Procedures); GCC Chapter 25.16 (Appeals).,- OCC Chapter 25.28 (Development Agreements); GCC 23.12.080 (Grading Permits); GCC 24.08, (Cultural Resources on Non -Federal Lands). 5.1.3. 'National flistoric Preservation Act (federal -nexus segment). 54 U.S.C. § 306108; 36 CFR Part 800; NFIPA § 304 (54 U.S.C. § 307M).; 36 CFR § 800.11(c). 5.1.4. State cultural resources statutes (non-federal Project lands). RCW 27.44; RCW 27.53; Chapter 25-48 WA , RCW 68.50,; RCW 68.60; and RCW 42.56.300 (confidentiality). 5.1.5. Federal Environmental Assessment adopted for reference under WA C 197-11- 610, Bureau of Reolaxnation Final Environmental Assessment CPN-EA-2024-01 (Rune 2026), Action Alternative 2, and associated Finding of No Sigmfflcant Impact. 5.1.6, Fire and BESS standards. International Fire Code Chapter 12 (as adopted by Washington State); NFPA 855 (with. a project -specific Hazard Mitigation Analysis under § 4.1.4),- UL 9540 and UL 9540A documentation; and applicable Fire District requirements). 5.2. The specific standards of GCC 23.08.357 (Solar Energy Facilities) and the general CUP c iteria of GCC 25.08.060 axe applied in the Additional Findhigs, of Fact below ri I 6. Additional Findings of Fact .1. Findiner 1 - Application Complete' . The CUP application (P-25-0178) was accepted and reviewed as complete. The record has been supplemented by the First Addendum (January 30, 2026), the Second Addendum (May 8, 2026), the Capitol Airspace Group Glint and Glare Analysis, (December 12, 2025), and all supporting plans referenced in MDNS Section I (Plans and Documentatioti Required Prior to Pel*r'nit Issuance). Vk 6.2. Fm*ding 2 - Notice Given. Notice of Application and Notice of Public Hearing were posted, published, and mailed consistent with GCC Chapter 25.12; the Notice of Threshold Determination and MDNS (July 16, 2026) were issued and posted to the Washington State Department of Ecology SEPA Register under WAC 197-11-5 08. 6.3. Finding 3 - nibal Consultation. Tiibal consultation has proceeded. in coordination with 16 a Bureau of Reclamation as federal lead agency, wltb CTCR and YNCRP mvited under 36 P25-0178 Royal Slope Solar CUP Page 9 of 47 CFR § 800.2(c)(2)(il") and Wanapum Band of Priest Rapids invited under 36 CFR § i. Is 9003(f)(33). The consultation record supports the mitigation conditions in MDNS Section H, including H-2, :H-2A (CTCR sites GR04692/GRO4693), H-2B (Wanapum Saddle Mountains TCP), and H-3 (Visual Impact Mitigation Plan for .SOP 36A). 6.4. Finding 4 - Federal Nexus (Partial) and NEPAJSEPA Coor.dination. The transmission line compoiient crosses lands admialstered by the U.S. Bureau of Reclamation and is addressed by Reclarnation Final EA CPN-EA-2024-01 (June 2026), Action Alternative 2. Consistent with WAC 197-11-158(4) and WAC 197-11-6tO, Grant County adopts by reference the Recleanation Final EA as it relates to the federal -lands segment and conditions proJect approval on compliance with the outcomes of the federal Section 106 process through MDNS Conditions G-t and G-2. 6.5. Findinp, 5 - Reliance on Compliance Review. As detailed in the Grant County Amended Compliance Review dated April 10, 2026 and the Grant County Complimice Review dated June 17,2026 (Parts I through 4), which include the WDFW Concurrence Record and the Yakama Nation TCP Consultation Record, the Project as designed under the Second Addendum, and. as firther conditioned by the Recommended Conditions of Approval in Part 9 below, complies or will comply witb each element of GCC 23.08.357 (Solar Energy Facilities Special Use Standards) and With the corresponding provisions of G-CC Chapter 24.04 and the SEPA Rules. 6.5.1. (a) Project configuration under the current addenda, The Project as configured under the. First Addendum (January 30, 2026) and the Second Addendum (May 8, 2026) is a total Project Area of approximately 2,974 acres, with a CUP -jurisdiction area of approximately 2,360 acres on private land and a fenced solar and BESS facility footprint of approximately 1,732 acres in Sections 1, 2, 3, 4, 12, and 14 of Townsbip 16 North, Range 23 East, W.M. This differs from the pre-First-Addends nn configuration on which the Grant County Public Works Comment Letter of October 305 2025' (Ex. 5.19) was prepared, which described a larger lease boundary of approximately 3,900 acres distributed across Sections 01, 02, 03, 10, 11, and 12 of Totes 16 Nofth, Range 23 East, W.M. The GCPW review topics apply to the current configuration and are incorporated through MDNS Section F and Supplemental Conditions S-3 and S-4. 6.6. Finding 6 - Compliance with GCC 23.08.357 (Solar Energy Facilities Special Use Standards). Compliance is established as follows-, district . 6.6. L (a) location on a zoning in whieb the use is authorized as a conditional use (RRes and RRem),- 6.6.2. (b) site slope, setback, wid screem'ng stwidards under 23.08.357(a)-(e), as confirmed by the Grant Cotmty Compliance Review dated June 17, 2026 (Parts I through 4) with respect ,to the 7 percent average slope standard (MD NS Condition E- 1); 6.6.3. (c) fen c ffig, glare -abatement, deconunissiom'nog, and financial-secwity requirements under 23.08.357(f)-(h), addressed by MDNS Conditions B-1 (fencing), P25-0178 Royal Slope Solar CUP Page 10 of 47 E-7 (looked design envelope with Tier t and Tier 2 parameters), E-8 (glare reopener), and D-1 and D-2 (decommissioni.ng and financial secutity); and %.W 6.6-4. A execution of a Development Agreement under 23".08357(i) and GCC Chapter 25.28 memorializing the Conditions of Approval. 6.7. Finding 7 - Compliance with GCC 25.08.060 (CUP Criteria). Applying the general CUP criteria of GCC 25.08.060, the Project, as conditioned by the MD NS Sections A through J and by the Recommended Conditions ofApproval in Part 9 below: .7.1. (a) Is authorized as a conditional use in the underlying zoning districts; 6.7-2. (b) Is compatible witb existing and permitted uses in. the surrowiding area, particularly agricultural and dryland resource uses, With potential incompatibilities related to visual, dust, noise, ghwe, wildfire, 141dlife, cult-Lwal resources, and trafflic mitigated by the SEPA Mitigation Conditions in MDNS Sections A-S and by the Recommended Conditions of Approval iii. Part 9 below; 6.7.3. (e) Is served by adequate public facilities, including roads and emergency services., as addressed in MD NS Section F; 6.7.4. (d) Will not be materially detrimental to the public welfare or injurious to proper ci mthevI'" given the MDT�TS mitigation. re *me and the Recommended Conditions nity� __ 91 ofApproval; and 6.7.5. (e) Complies with applicable provisions of the Grant County Comprehensive Plan and the Unified Development Code, 6.8. Finding 8 - Cultural Resources Frameworli. Cultural resource protection on Reclamation -managed federal lands proceeds tlu-ough Bureau of Reclamation -led Section 0 41 106 consultation under 3 6 CFR Part 8 00 and is enforced tbrough .DNS and 0-1 and G-2. Cultural resource protection on non-federal Project lands is provided by state law (RCW 27.44, RCW 27.53, Chapter 25-48 WAC, RCW 68.50, and Chapter 68.60 RCW) and by GCC 24.08, implemented through the archaeological monitoring, avoidance, inadvertent discovery,, human-remm*ns', and NAGPRA-parallel conditions in MDNS Section H (Conditions H- I thTough H- 16, including H-2A for CT sites GR04692 and GR04693 and H-2B for the Wanaptun Saddle Mountains TCP). 6.9. Finding 9 - WDFW Coordination, Habitat Approach, and Mitigation Acreage, The wildlife and habitat approach follows the WDFW Region 2 comment letters of November 3, 2025 (Ex. 5.15); March 6, 2026 (Ex. 5.t6)- March 16, 2026 (Ex. 5.17),- and April 24 2026 (Final Concurrence Letter and Habitat Mitigation Plan, Ex, 5.18), and is implemented tIn-ough MDNS Section B, including Condition B-1 (fencing performance standard, subject to WDFW written conem-rence, and, as revised herein prohibiting barbed mid razor wire under new sub -provision B-1(c)) and, Condition B-8 (wildlife ingress/egress alternative), together with Condition C-1 (biological. monitor scoping to identified 1 . Efied suitable habitat). Total shrubsteppe compensatory mitigation acreage under the GCC 24.08.340 Table 5 2:1 mitigation ratio is 366.60 acres, calculated as follows: 17235 acres of solar -facility shrubsteppe impact plus 3.26 acres of transmission -line shrubsteppe impact equals 176.01 impact acres; 176.01 impact acres multiplied by the 2,J ratio equals P25-0178 Royal Slope Solar CUP Page' 11 of 47 352,02 acres. Where the record reflects a rounded 366.60-acre figure (accounting for additional buffer, edge effect, and site -specific WDFW-reeommended adjustments in the Habitat Tvfitigation Plan), that figure controls consistent vAth the VVDFW Final Concurrence Letter of April 24, 2026. 6.io. Finding 10 - Fire, BES S Life -Safety, and DOD/TAA. The BESS component is subject to FP'. 855 (with a project -specific Hazard Mitigation Analysis under § 4.1.4), IFC Chapter 12, UL 9540 and IL 9540A documentation,' and site specific Coordination with the applicable Grant County Fire District, all M`Iplemented through MDNS Section F, U.S. Army Yakima Training Center no -objection correspondence (E. 5.25, Mark D. Flores, Airfield Manager) has been received of record. Based on the Applicant's coordination status reflected in Ex. 5.25 and the associated Federal Permittinor Improvement Steering Council coordination chain; U.S. Department of Defense Siting Clean'nghouse review and Federal Alfiation Acbnim'stration 14 CFR Part 77 screening are anticipated to be complete of record prior to tho open -record bearing before the Hearing Examiner. As confirmed in the record before or at the bearing, the Hearing Examiner decins the substantive DOD -siting and FAA aviation -safety requirements SATISFIED and hereby WAIVES MDNS Conditions E-10 (DOD/AnylFAA coordination), E-14 (FAA notification), and 1-1 (Item. 1-18) (documentation of FAA 14 CFR Palt 77 notification(s) and detenninabions) as pro-pennit filing conditions, retaining Grant County's authority under WAC 197-11..625 to incorporate by admn*U*Strative addendum any DOD- or FAA - imposed additional glare -related or aviation -safety condition issued after the hearing, with Condition E-8 (Glare .eopener) reni.aining oily in effect. The DOD Siting Clexinghouse or FAA Part 77 record is complete, therefore Conditions E-1 0.7 E-1 4, and 1-1 (Item 1- 18) are herebyWAIVED, The Rill record and legal basis for the recommended waiver are set forth below. 7. SEPA 7.1. A. SEPA. NMNS for File P 25-0048 was issued on July 16, 2026, under WA C 197-11-3 50 and GCC 24.04.120. The Mitigation Conditions imposed under the MIENS are orga m` ed as follows: 7.1.1. Section A -Natural Environment -Water, Air, Soils 7.1.2. Section B - Habitat Mitigation and Species Protection 7.1.3. Section C - Construction Best Management Practices, Hours, and Hazardous Materials 7,1.4. Section D - Decommissioning, Financial Secunfty, and Development Agreement 7.1.5. Section E - Site Design - Slopes, Heights, Setbacks, Glare, and Lighting 7.1.6. Section F - Public 1r&astructure,, Fire, Recreation, and Emergency Response 7.1.7. Section G - Cultural Resources 7.1.8. Section H - Inadvertent Discovery of Human wmains 7.1.9. Section I - Plans Required Prior to First Grow -id Disturbance or Building Permit %1.1 P25-0178 Royal Slope Solar CUP Page 12 of 47 7. 1. 10. Section J - Construction Coordination', Public Liaison, and Material Changes 7.2. The Mitigation Conditions in the MDNS are binding upon issuance under GCC 24-04-210, are deemed conditions of approval of the companion CUP under GCC 24.04.120(g) and WAC 1.97-11-350(3'), and are enforceable by the Lead Agency independent of, and cumulative to, all Conditions ofApproval imposed by the Hearing Examiner on the CUP. 7.3. Federal environmental review of the transmission line component on Reclamation - managed lands has proceeded under Bureau of Reclamation Final Environmental Assessment CPN-EA-2024-01 (June 2026), Action Alternative 2, and its associated Finding of No SignIfflicant Impact; federal appeal procedures are governed by federal law and are not subject to this County SEPA proceeding. 7.4. Grant County Development Services will issue the Post -Hearing Notice of Decision on the Conditional Use Permit under GCC 25.08.070 and GCC Chapter 25.16, identifying the ten (I 0)-day reconsideration deadline (GCC Chapter 25.16) and the twenty-one (21)- day Land Use Petition Act deadline (RCW 36.70C.040 and RC'W 43.21 C.075(6)), 8. An open record public hearing was held, after legal notice, on August 12,2026. 9. Appearing and testifying on behalf of the Applicant was Stacy Gasvoda, Project Development Manager. She testified that she was an agent of the applicant and property owners and Aras authorized to appear and speak on their behalf. She had reviewed the staff report and agreed to all of the representations contained therein. Finally, she had reviewed the proposed Conditions of Approval and agreed with all of those. 10. The fol lowing members of the public testified at the hearing: 10.1 Eric Linn Mr. Linn testified that he is the Royal City Fire Chief and that the road and access improvements that will be made in and near the project area will greatly improve their access to emergency situations. 10.2 Jeff Grizzell Mr. Grizzell appeared on behalf of the Grant PUD and stated that they supported the project and will be able to obtain power from the project. 10.3 Nathan Mack Mr. Mack testified on behalf of Laborers Local, 3 )48 in support of the project because it will bring 325 jobs to the community during the construction process. 11. The following exhibits were admitted into the record: STAFF DOCUMENTS P25-0178 Royal Slope Solar CUP Page 13 of 47 1.1 Staff Report 8/512026 1.2 Overall Site Layout 3/18/2026 4/1012026 1.3 Notice of Application (Site Posting) 10/3/2025 1.4 Notice of Application (Paper) 10/3/2025 1.5 Notice of Threshold Determination and MDNS (Site Posting) 7/16/2026 1.6 Notice of Threshold Determination and TVIDNS (Paper) 7/16/2026 1.7 Pre -application Summary 2115/2024 1.8 Grant County Compliance Review 4110/2026 1.9 Grant County Compliance Review (June 17, 2026 - 2nd Addendum) 6117/2026 1.10 Grant County Executive Briefing (BOR, DAHP, YNCRP) 6122/2026 1.11 Grant County Executive Briefing (CTCR) 6/22/2026 1.12 Grant County Executive Briefing (Wanapurn) 6/22/2026 1.13 Grant County comments on NHPA Section 106 consultation (BOR) 7/15/2026 1.14 YNTCP Consolidated Review of Project Avoidance 4/16/2026 CUP APPLICATION 2.1 Master Application - CUP P 25-0178 6/24/2025 6/24/2025 2.2 First Addendum to CUP P 25-0178 1/30/2026 1/30/2026 2.3 Second Addendum to CUP P 25-0178 518/2026 518/2026 P25-0178 Royal Slope Solar CUP Page 14 of 47 2.4 Visual Impact Assessment 2/28/2025 2/28/2025 2.5 Visual Impact Assessment (KOP 36A) 4/03/2026 4/14/2026 SEPA APPLICATION 3.1 Washington State Department of Ecology SERA Register Publication 3.29 Mitigated Determination of Nonsignificance (TV1DNS - FINAL Including EA Section 106 Conditions) 3.3 Notice of Threshold Determination and Mt DNS 3.4 Notice of Threshold Determination and MDNS (Wanapurn)" 3.5 Notice of Threshold Determination and VIDNS (CTCR) 16 Notice of Threshold Determination and MDNS (YNCRP) 3.7 Master SEPA Application and Checklist - P 25-0179 3.8 First Addendum to SEPA Application and Checklist - P 25-0179 3.9 Second Addendum to SEPA Application and Checklist - P 25-0179 NEPA/SEPA 4.1 Bureau of Reclamation Final Environmental Assessment CPN-EA- 2024-01 (Action Alternative 2) AGENCY REVIEW I COMMENTS 5.1 CTCR Comment Letter 5.2 CTCR Comment Letter 7/16/2026 7/16/2026 7/16/2026 7/16/2026 7/16/2026 7/16/2026 7/16/2026 7/16/2026 7/16/2026 1,16/2026 7116/2026 7/16/2026 6/17/2025 6/24/2025 1130/2026 1/30/2026 5/8/2026 5/8/2026 6/2026 612026 10/16/2025 10/31/2025 7/9/2026 7/9/2026 2% " ^ 't 7 tS Royal Slope Solar CUP Page 15 of 47 5.3 CTCR Comment Letter 7/15/2026 7/15/2026 5.4 Spokane True of Indians Comment Letter 10/7/2025 10/7/2025 5.6 YNCRP Comment Letter (1-4-2024) 1 /4/2024 114/2024 5.6 YNCRP Comment Letter (1-9-2024) 1/9/2024 1/9/2024 5.7 YNCRP Comment Letter 11/3/2025 11/3/2025 5.8 YNCRP Comment. Letter 4/21 /2026 6/1612026 5.9 YNCRP Comment Letter 4/25/2026 6116/2026 5.10 YNCRP Comment Letter (6-16-2026) 6/1612026 6/16/2026 5.11 YNCRP Comment Letter (6-26-2026) 6/26/2026 6/26/2026 5.12 Ecology Comment letter 10/31 /2025 10/31 /2025 5.13 Ecology Comment Letter 3/5/2026 3/5/2026 5.14 Ecology Comment Letter 7/29/2026 7/29/2026 5.15 WDFW Comment Letter -- Region 2 11/3/2025 11/312025 5.16 WDFW Comment Letter - Region 2 3/6/2026 316/2026 5.17 WDFW Comment Letter - Region 2 3/16/2026 3/16/2026 5.18 WDFW Final Concurrence Letter and 1- MP 4-24-2026 4/2412026 412412026 5.19 GCPW Comment Letter 10/30/2025 10/30/2025 5.20 GC Assessor Comment Letter 10/6/2025 10/6/2025 P25-0178 Royal Slope Solar CUP Page 16 of 47 5.21 PUD Comment Letter 7/29/2026 7/29/2026 5.22 WSDOT Comment Letter 111412025 11/4/2025 5.23 WSDOH Comment Letter 1016/2041) .%.r. * 10/6/2025 5.24 WSCC Comment Letter 7/23/2026 7123/2026 U.S. Army Yakima Training Center No -Objection Correspondence 7/6/2026 716/2026 5.25 and Federal Permitting Council Coordination Chain re: December 12, 2025 Capitol Airspace Group Mint and Glare Analysis 12. In addition the Hearing Examiner admitted the following exhibits presented, at the hearing: 12.1 Exhibit 6 Appellant's submission of proof to waive DNS conditions as discussed above. 12.2 Exhibit 7 Port of Royal Slope con mera letter. 12.3 Exhibit 9 Grant County Economic Development Council comment letter. 12.4 Exhibit 9 (mistakenly identified as Exhibit 5 at the hearing} the Applicant's Power Point Presentation. 0 ). The Grant County Hearing Examiner considered all evidence within the record in rendering this decision. of Law that is more correctly a Finding of Fact is hereby incorporated as such 14. Any Conclusion by this reference. 11. CONCLUSIONS OF LAW 1. Based on the foregoing Findings of Fact, and applying the standards of GCC 23.08.3157, GCC 25.08.060, ■GCC Chapter 24.04, RCW Chapter 43.21 C, Chapter 197-11 WAC, 36 CFR Part 800, and the federal -nexus deferral framework of WAC 197-11-158(4), the Hearing Examiner concludes: 1. 1. The Hearing Examiner has jurisdiction over the CUP under GCC Chapter 25.08 and over any consolidated SEPA appeal under GCC 24.04.220, RCW 4.3.21 C.075, and GCC Chapter 25.16. 1.2. Notice of the open -record hearing has been provided in the manner required by GCC Chapter 25.12 and WAC 197-11-5 1, 0. P25-0178 Royal Slope Solar CUP Page 17 of 47 1.3. The SEPA MDNS issued for File P 25-0179 on July 16, 2026, satisfies the substantive and procedural requirements of Chapter 43.21 C RCW, Chapter 197 -11 WAC, and GCC Chapter 24.04, and should be affirmed and adopted as the final SEPA threshold determination. 1.4. The Mitigated Determination of Nonsigm'ficance is supported by the enViromnental -record before the Lead Agency and, with implementation of the Mitigation Conditions in MDNS Sections A Un-ough J, the proposal will not have a probable significant adverse impact on the environment; an Environmental Impact Statement under WAC 197-11-360 is not required. 1.5. Federal enviromnental review of thetransi-nission line component on Reclamation - managed lands has proceeded wider Bureau of Reclamation Final Enviromnental Assessment CPN-EA-2024-01 (June 2026) and its associated Find* of No Significant . Ing Impact; adoption by reference under WA. C 197-11-610 is appropriate for. the federal - lands segment. 1.6. The Project, as conditioned by the SEPA Mitigation Conditions in INADNS Sections A-J and by the Conditions ofApproval set forth herein, satisfies the specific standards of GCC 23.08.357 (Solar Energy Facilities) and the general CUP criteria of GCS'. 25.08.060. 1.7. The Project, as conditioned, is consistent With the Comprehensive Plan Rural Resource and Rural Remote designations and with the GMA planning goals of RCW 3 6-70A.020. 1..8. The Project, as conditioned, -will not create a probable significant adverse environmental impact and preparation of an Environmental Impact Statement is not required. 1.9. MDNS Conditions G-1 and G-2 apply exclus" e1v to the Reclamation -managed IV transmission corridor and are issued under WA. C 197-11-158(4). their implementation is committed to and enforced by the federal Section 106 process, and any executed Memorandum ofAgreement or Programmatic Agreement under 36 CFR § 800.6 or § 800.14 shall be treated as binding on the Project as if -fully set forth in the CUR 1.10. Confidentiality of location -sensitive culturalresource information is preserved under Section 304 of the National Historic Preservation Act (54 U.S.C. § 307103); 36 CFI.. § 00.14 (c), and RC-W 42.56.3 00-, no sueb information shall be released through this proceeding except as permitted by law. Ill. DECISION 14.1. Based on the above Findings of Fact and Conclusions of Law, P 25-0178 is hereby APPROVED subject to the following Conditions of Approval. In addition, the Hearing Examiner affirms that the SEP A- Mitigated Determination of Nonsi gnificance issued July 1615 2026, satisfies the County-s enviromnental review obligations under Chapter 43.21C RChi, Chapter 197-11 WAC, and GCC Chapter 24.04, and that federal environmental review of the transmission line component on Reclamation -managed lands has proceeded under Bureau of Reclamation Final Enviyo-nmental Assessment CPN-EA-2024-01 (June 2026) and its associated Finding ofNo Significant Impact. Finally, the Hearing Examiner P25-0178 Royal Slope Solar CUP Page 18 of 47 Li directs Grant County Development Services to issue the Post -Hearing Notice of Decision on the Conditional Use Permit under GCC 25.08.070 and GCC Chapter 25.16 following the Rearing E)caminer-s written Decision, identifying the ten (10)-day reeons�deration, deadline (GCC Chapter 25.16) and the twenty-one (21)-day Land Use Petition Act deadline (RCW3 6.70C.040 and RCW 43.2 1 C.075(6)). IV. CONDITIONS OF A-PPROVAL 1. The Conditions of Approval below are additional to and cumulative With the SEPA Mitigation Conditions M' MD NS S ections A through J. In the event of any conflict between a Condition and an MDNS Mitigation Condition, the more protective condition governs. The Conditions of Approval apply to the Applicant, and their assigns and all entities with any fbfiue interest in any aspect of this CUP. ,2. Condftlon,4 - Natural ffnvironment - Water, kr, Soils 2. 1. Conditions A-1 i-firough A-13 are intended to avoid or mim'mize impacts to water resources, air quality, soil stabilit I y, and adjacent properties during construction and operation of the solar photovoltaic energy generation facility, the battery energy storage 01� system, and the associated transmission line. i nese conditions require the Applicant to obtain and comply with current state and local stormwater permits and manuals,; implement site -specific stormwater pollution prevention and best management practices" manage clearing and grading to reduce erosion and. dust-1 contain runoff on site; and limit withdrawal of groundwater to permit -exempt quantities. Together, they intend to ensure the facil ity is constructed and operated 'in a manner that protects surface water, groundwater, and air quality, and avoids creating off -site nuisances or environmental degradation. These conditions operate concurrently with, and shall not be less protective than, the corresponding .eelm-nation Design Featiues 1*11 Appendix C of the Final EA. 2 1. - . L 1. A-1. Prior to any land -disturbing activities, the Applicant shall submit a Stormwater Pollution Prevention Plan (S W.PPP) consistent With the most current Washington State Depattment of Ecology Construction Story-nwater General Permit and the 2024 Stormwater Management Manual for Eastern lv)lashington (SWMMEW), or as thereafter amended, to Grant County Public Works and Grant County Development Services for review and approval. The WPPP shall conform to the stormwater Design Features in F inal EA App. endix C, Section 7. 2. 1.2. A-2, Clearing, grading, and any other land-distarbing activities within -the project area shall re ire applicable permits from Grant County Public Works (including CIUI but not limited to grading, access/approach, and road permits), and all -work shall comply with current County standards and conditions of those permits. 2.1.3. A-3. The approved SWPPP, Vegetation Management Plan, and Weed Management Plan shall include monitoring and adaptive management procedures for erosion, sediment transport, and slope stability, as well as response protocols for any observed failures or off -site discharges, and the Applicant shall implement those P25-0178 Royal Slope Solar CUP Page 19 of 47 procedures for the duration of construction and through site stabilization. The Vegetation Management Plan shall additionally, meet the requirements of International Fire Code Section 1207 and shall be subject to review and approval. by the Grant County Fire Marshal prior to the commencement of construction. 2.1-4. A-4. Best Management Practices (BMPs) for erosion and sediment control., as identified in the SWNIEW and the Washington Stormwater Center Construction BMP Guide, shall be implemented and maintained to minimize temporary disturbances to soils, reduce erosion, and stabilize disturbed areas during and following construction; BMPs shall be selected and sized to prevent upland sediments and construction -related pollutants Tom entering surface waters, wetlands, or off -site drainage features. Silt fencing shall be appropriately installed and left in place until after revegetation becomes established, at which time the silt fencing may be careffilly removed. 2.1.5. A-5. The proposed development shall. be constructed and operated so as not to inflict upon adjacent lands any smoke, dust, glare, dirt., steam.., vibration, no -Ise., electrical interference, excessive hazards, or other pollution in excess of applicable local, state, or federal standards, including but not limited to Grant County Code, Washington State air quality regulations (Chapter 173-400 WAQ, and the maximum environmental, noise levels in Chapter 173-60NVAC for the applicable EDNA classifications of the receiving properties. 2.1.6. A-6. A construction Dust Control Plan consistent with Washington State Department of Ecology guidance and Final EA Appendix C, Sections 2 and 9shall be prepared and implemented, identifying all fugitive dust sources and specifying control measures such as application of water by water trucks, treating or stabilizing unpaved hant roads, limiting vehicle speeds, and covering or stabilizing stock -piles as necessary to minimize dust migration to adjacent properties and public roads. "n J Biznih,y of trash, construction debris, or vegetation is prohibited during any phase of construction, operation, or decommissioning., consistent with Final EAAppendix C, Section 2.b. 2.13. AJ. Prior to commencing construction of the solar ge-neration facility, the Applicant shall obtain coverage under the Washington State Department of Ecology Industrial Stonnwater General Permit or demonstrate to Ecology's satisfaction. that such coverage is not required for the facility anal. shall provide proof of permit coverage or non-applicability,to the County prior to commercial operation. 2,1.8. A-8. The Project's SWPPP and permanent stonnwater design shall. conform to the applicable minimum requirements, BMPs, and design standards of the most current SWMMEW in effect at the time of permit application, including provisions for long-term operation and maintenance of stormwater facilities for the operational life of the solar facility and through decommissioning. 2.1-9. A-9. Construction of internal pr Ject roads and access routes across seasonal or OJ ephemeral drainages, depressions, or swales shall be designed and timed to minl*mize impacts to -natural drainage patterns, including scheduling work during P25-0178 Royal Slope Solar CUP Page 20 of 47 periods of low flow where practicable and incorporating appropfiate culverts, low- water crossings, or other conveyance sb-actures consistent with SWINAMEW and Grant County standards. To the extent feasible, development shall maintain existing hydrologic patterns with respect to nano ff supporting seasonal wetlands (Final EA Appendix C, Section 12.y). 2. 1. 10. A-10. All development improvements, _IP including acecss roads, equi went pads, Z:� and laydown areas, shall be designed andinstalled so that project -generated stormwater runoff is managed on site through approved stormwater facilities mid low -impact development practices to the maximum extent feasible, and shall not result in uncontrolled discharge of runoff, erosion, or sedimentation onto adjoining properties or County roads. 2. 1.11. A-11. Groundwater -use for construction and operational activities that rely on the permit -exempt. goundwater withchawal under RC W 90.44.050 shall not exceed 5,000 gallons per day for industrial purposes. Any use that would exceed this exemption,, or any non-exempt use, shall require the Applicant to obtain an appropriate water right pem-iit, water supply authorization, or temporary water fight lease/transfer (including any change application required to use an appurtenant I.Mg,ation water right consistent with Final EA Section E.5) from the Washington State Department of Ecology prior to such use. 2.1.12. A-12. If final design results in any direct or indixect (temporary or perinatient) impact to waters of the state, including wetlands, the Applicant shall coordinate with the Washington State Department of Ecology to detein-dne whether a Clean Water Act Section 401 Water Quality Certification, a Section 404 Nationwide Permit (or other Department of the Army authorization), or a Hydraulic Project Approval under Chapter 77.55 RCW is required, and shall provide evidence of any required authorization to the County prior to initiating the affected work. Reclamation Will not issue its license or permit for the federal portion of the action until Ecology has made a Section 401 determination or waived the -right to review, consistent with Final EA Appendix H. 2.1.13. A-13. Track -out devices ' (e, a., tire muck shakers, gravel pads,, or equivalent) shall be installed and maintained at all. construction roadway entrances and exits to prevent mud and debris ' from. construction vehicles being deposited onto public roadways, consistent with Final EA Appendix C, Section Lb. 3. Condition B - Habitat Mitigation and Species Protection .1. Conditions B-I through B-4 address fish and'vvildlife habitat conservation areas, species protection, and mitigation plan requirements on private project lands wider GCC 23.08.357(h), GCC 24.08.300-360, and WDFW recommendations, Conditions B-5 through B-10 incorporate VIDFW-tecommended and Reclamation Design Feature measures for transmission lineJtower design, pre-constructionblological clearance, migrator*y bird seasonal restrictions, wildlife deterrence, and reporting, of special -status species incidents. P25-0178 Royal Slope Solar CUP Page 21 of 47 3. 1. 1. B-1. Prior to 'issuance of any grading, mechanical., or building permits, the Applicant shall finalize the Habitat Mitigation Plan (HMP) to the satisfaction of the Administrative Official, incorporating all WDFW-identified deficiencies including: (a) wildlife -friendly fencing per WDFW Best Management Practices (no barbed wire at ground level, semi -permeable mesh with minimum 4"x4" openings, bottom of fence raised to allow small animal. passage); (b) inclusion of Desert P stri ed whipsnake (Masticophis taeniatus) and Northern sagebrush lizard (Sceloporus graclosus) as focal species with specific minimization measures; (c) PHS-Consistent habitat terminology replacing NLCD classifications; td) 5-year periodic monitoring intervals with reporting to Grant County and WDFW; and (e) enhanced construction BMPs per WDFW recommendations. The HMP shall be developed and implemented, consistent with Final EA Appendix C, Section 12.a, including coordination with Reclamation and VV-DFW on compensatory mitigation for any residual unavoidable 'impacts to Priority Habitats and Species (PHS) - 3.1.2. B-2. Prior to issuance of any grading, mechanical, or building permits, the Applicant shall obtain written approval from. WDFW of the final Habitat Mitigation Plan, or the, County shall condition grading/building/mechanical permit issuance on receipt of 'Y-VDFW Written concurrence, per GCC 24.08.360. 3.1.3. B-3. The final Habitat Mitigation Plan sb-cdl explicitly demonstrate compliance with GCC 24.08.340 Table 5 shrub -steppe mitigation ratios by habitat classification (Core, GOA, Corridor, Other), mapping all proposed mitigation areas to the applicable ratios and confnm-iftag that conservation areas meet or exceed the rewired ratios for the classification of habitat being impacted. 3.1.4. B-4. The Applicant shall provide mapping demonstrating that 300-foot Habitat It for Conservation Area buffers required by GCC 24.08.320 are mahitainecL tor all identified As or shall provide justification for any buffer reduction consistent with the procedures in GCC 24.08.320. 3.1.5. B-5. (Avian -safe transmission design) All transmission and sub-transrm'ssion towers, poles, and conductors shall be designed in accordance with the most ement edition of Reducing Aviwi Collisions with Power Lines: The State of the Art in 2012 (APLI 2012) and Suggested Practices for Avian Protection on Power Lines (APLIC 2006, as updated). The transmission line designs shall meet APC avian - safety recommendations for large birds (minlmwn 60 inches of horizontal separation and 40 inches of vertical separation). Shield wires, support wires, and conductors shall be outfitted with bird flight divertersl markers, or reflectors at intervals sufficient to mi'mmize avian collisions, consistent with Final EA Appendix C, Section 12.q—r. Use of guy wires shall be avoided to the extent practicable to minimize 'impacts on birds and bats. 4 3.1.6. B-6. (Pre -construction biolopeal clearance) The Applicant shall perform pre - construction biological clearance surveys at a11 activity areas to detect special -status species, specifically including nesting migratory birds protected under the Migratory Bird Treaty Act, monarch butterfly reproduction habitat, desert striped wMpsnake occurrences, and ferruginous hawk (Buteo regalis) nesting activity. If surveys detect P25-0178 Royal Slope Solar CUP Page 22 of 47 occurrences, the Applicant shall coordinate with VFW (and Reclamation on federal lands) on recommended avoidance and minimization measures. If ferruginous hawks are observed nesting before or diring construction, the Applicant shall request additional assessment and review by VVDFW prior to continuing work within the recommended spatial and ten-aporal buffers (Final EAAppendix C, Section 12.1). 3.1.7. B-7. (Migratory bird nesting season) To the maximum extent practicable, ground disturbance and vegetation removal shall be conducted outside the mi19 ratory bird nesting season (March I through August 3 1). Where work- within the nesting season is unavoidable, pre -disturbance nest stwveys shall be performed by a qualified biologist no more than 7 days pn* or to the activi M, and active nests shall be protected by spatial buffers established in coordination with WDFW (Final EA Appendix C, Section 12.p). 3.1.8. B-8. (Wildlife deterrence and operational measures) The Applicant shall incorporate into the project's operational Habitat Mitigation Plan and implement throughout construction, operation, and deconmissioning the follo-1/ving wildlife protection measures, consisteiVt with Final EA Appendix C, Section 12: (a) on -site speed limit of 15 mph for all project vehicles within unpaved or unimproved portions of the project area; (b) no re: eling or maintenance of vehicles or equipment within 100 feet of any ephemeral &-ainage, wetland, or wetted feature unless a bermed and lined refueling area is constructed* (c) prohibition on firearms and on pets (other than service anitnals required Linder the Americans with Disabilities Act) on the project site during all phases; (d) all food -related trash and hutrian-generated debris contained and removed daily to avoid attracting wildlife predators; (e) prohibition on deliberate feeding of wildlife; (f) shutdown of ^10 combustion -engine machinery when not in use, (g) large shrubs requirffior removal saved and placed strategically in bare replanted areas; and (h) covering of construction holes left open overnight with rigid bmiers to prevent livestock or wildlife entrapment (Final EAAPPendl*x C, Section 11). 3.1.9, B-9. (Weflan and milkweed avoidance) Wetland habitat areas shall be excluded from transmission line and access road development plans and shall be buffered a rm*rn*mi.un. of 50 feet and tip to 300 feet to maintain existing milkweed (A.sclepias spp.) and associated monaxch buderfly habitat during construction. Where milkweed occurs along Road 0 SW, the road shall not be widened m' a manner that would impact nuffl<.weed; milkweed Within 300 feet of the stilling basin located NWI/4of the NWI/4of Section 1. 1, TI 6N, R23E associated with the Rb5J1 caste ay shall be left intact (Final EA Appendix C, Section 12J1c). 3.1.10. B-10. (Special -status species incident reporting) The Applicant shall appoint a desigiated point of contact (POC) for any employee or contractor who ]inadvertently kills, injures, or Finds dead, injured., or entrapped a special. -status species. The POC shall report incidents of special -status anitual mortalities or 'injuries munediat&IV, contactima, the U.S. Fish and Wildlife Service, WDFW, and (on. federal lands) Reclamation Within 24 hours, with formal written notification within three working P25-01700 Royal Slope Solar CUP Page 23 of 47 days documenting date, time., location, and circumstances. Any federally threatened or endangered species found dead or injured shall be turned over immediately to USFWS or its designee for care, analysis, or disposition (Final EA. Appendix C, Section 12.dd-­ee). 3.1.11. B-11. (Noxious weed control) The Applicant shall develop and im ement an Integrated Weed Management Plan consistent with applicable regulations, Reclamation policy, Final EAAppendix C, Section 12.b—h, and Grant County Noxious Weed Control Board guidelines. The plan shall provide for, monitoring; right-of-way vegetation management; use of cerfiffied weed -free seed and mulch', cleaning of vehicles and equipment to avoid introducing noxious, weeds (including a designated inspection/cleaning area); operator education, pre -activity surveys, biological controls where practicable; herbicide use restficted to EPA registered products applied ordy by applicators licensed by the Wasbington State Department of Agriculture; aquatic safe products in wetted or riparian areas; post -construction adaptive monitoring; and immediate eradication of new infestations. Pesticide Use Proposals (pups) shall be submitted to and approved by Reclamation pn* or to herbicide application on Reclamation land. 4. Condition C -Construction Best jIllanagement Practices, Hours, and Hazardous Materials 4.1.. Conditions C- I and C-2 incorporate VVDYV-recommended constraction-phase measures per GCC 23.08.357(h)(1) and 24.08.340. Conditions C-3 through C-6 address construalon-hour limitations, noise compliance, and management of hazardous materials and waste through established best practices, including secure storage, spill, prevention and response, and disposal by licensed contractors. Conditions C-7 and C-8 adds-ess Worker Environmental Awareness Program (vVEA ) training and paleontological resources protections. 4. L 1. C-1. Biological monitors shall be present during all ground -disturbing construction activities within the desert striped. wbiP snake active season (February I t1n-ough November) and songbird nesting season (February through July). If ferruginous hawks (':BHA) are observed during pre -construction sun/eys, a FEHA nesting assessment shall be conducted, and appropriate spatial and temporal buffers shall be implemented per VVDFW guidelines. 4.1.2. C-2. The revegetation plan shall hiefude: (a) sagebrush plugs in addition to seeding; (b) Spiny hopsage (Grayl'a spinosq) in the seed mix; (c) brush salvage and relocation for temporary wildlife cover in disturbed areas; (d) maintenance of strategic bare ground areas for ectotherm (reptile/amps ibian) thermoregulation, per WDFW recommendations,, and (e) use of certified weed -free, native, geOgTaphically appropriate, pollinator -friendly seed mixes consistent with Final EA Appendix C, .& Section 15.b. 4.1-3. C-3. Large noise -generating equipment activities, including but Trot Bruited to earth -moving equipment, cranes, and haul trucks, are limited to the hours of 7:00 a.m. to 10:00 p.m. each day, unless otherwise restricted by applicable state or local noise regulations. Pile -driving, blasting, drilling, and other impact construction P25-0178 Royal Slope Solar CUP Page 24 of 47 activities are limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday, and are prohibited on Sundays and legal holidays unless an after-hours or noise -variance permit has been obtained from The appropriate jurisdiction. Project noise generation shall comply with the maximum environmental noise levels of Chapter 173-60 WA C for the EDNA classifications of receiving properties; construction noise is exempted from the maximum. levels of WAC 173-60 only during the daytime hours expressly allowed by WAC 173-60-050(4). No use of explosives is authorized; should blasting later be determined necessary, additional SEPA and NEPA review shall be required (Final. EA Section 2.3.4). 4.1-4. C-4. Best Management Practices (BMPs) for storage, handling, and use of fuels, oils, coolants, cleaning agents, and other hazardous materials shall be implemented throughout construction of the large-scale solar facility in accordance with applicable federal, state, and local regulations. A project-speciffic Spill Prevention, Control, and Countenneasure {SPCA} Plan, integrated with the Construction Stonnwater Pollution Prevention Plan (SWPPP) where appropil*ate and consistent with Final EA Appendix C, Section 8, shall be prepared prior to mobilization and implemented for the duration of construction, operation, and decommissioning. 4.1.5. C-5. All petroleum products and other regulated liquids (including diesel., hydraulic fluids, transformer oil, and lubricant storage for construction equipment and temporary generators) shallbestored in labeled containers with appropriate secondary containment-, either within the O&M building or in designated, secure. laydown or staghig areas identified in the SPCC Plan. Refueling and maintenance of equipment shall occur only in approved areas with spill kits immediately available, and any spills or leaks shall be promptly contained, cleaned up, and documented consistent with the SPCC Plan and applicable reporting requirements. 4.1.6. C-6. Oily waste, used absorbents,, contaminated sold, solvent containers, used filters, oily rags, spent batteries, and any other dangerous or hazardous solid waste generated during construction shall be accumulated in closed, compatible, and clearly labeled containers or drums placed within secondary containment. These materials shall be removed from the site on a regular schedule by a licensed and permitted waste manageme nt contractor for recycling or disposal at an approved facility, with all manifests and records maintained in the Project's environmental compliance files in accordance with Chapter 173-303 WAC. 4.1.7. C-7. (Worker En-vironmentalAwareness Program) The Applicant shall prepare and implement a Worker Environmental Awareness Program (WEAP) and shall i1VI LV commencing work on the Project. The WEAP shall cover special -status species and other sensitive resources within the Project area, their locations, legal status and protections, measures for their avoidance, cultural resources awareness consistent with the project's Inadvertent Discovery Plan, paleontological resources awareness, and reporting protocols. A record of all persomiel trained shall be maintained and made available to the County, WDFW, and Reclamation upon request (Final EA Appendix C, Sections I Ob, 11, and 12.o). P25-0178 Royal Slope Solar CUP' Page 25 of 47 4.1.8. C-8. (Paleontolo eal resources) Should vertebrate or invertebrate fossils be encountered duting any ground -disturbing action, the Applicant shall suspend Construction in the vicinity of the fmd and shall not resutne worl( in that area until a qualified paleontologist has assessed the find and the Applicant has implemented any avoidance, recovery, or other measures recommended by the paleontologist (Pal EA Appendix C, Section t 1), 5. Condition D - Decommissioning Rhancial Security, and Development Agreement .1. Conditions D-I and D-2 address decommissioning obligations, financial security, and IN Development Agreement requirements under GCC 23.08.357(i) and GCC 25.28. 5.1.1. D-1. Prior to issuance of any grading, meebanical, or building permits, the Applicant shall submit an irrevocable standby letter of credit, bond, or alternate Security per GCC 23.08.357(i)(8)(A)—(F), 1*11cluding: (A) naming the Board of CouiYcy Commissioners as sole beneficiary; (B) issuance by an A -rated financial institution (S&P, Moodys, Fitch, or AM Best); (C) an evergreen clause; and (D) bankruptcy -remote provisions. The Security amount shall be based on the licensed grof-essional engineer's cost estimate at final design, with re-evaluation no less frequently than every five (5) years thereafter for the life of the fiacility. 5.1.2. D-2,Prior -to issuance of any grading, mechanical, or building permits, the Applicant shall finalize the DecorrMssioning and Reclamation Plan, with cost estimates prepared by a licensed professional engineer based on final design. The Applicant shall enter into a Development Agreement with Grant County memoriaiizingr decommissioning obligations, Security requirements, 5-year cost re- evaluation, removal of non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least 3 feet below grade, and e-waste/toxic component disposal outside Grant County per GCC 23.083 )57(i)(9) and GCC 25,28. Decomnu'ssioni_ng and reclamation shall be completed Within ttu-ee (3) years of the date that power production is deemed to have ceased or after the facility has ceased to produce power for a period of 12 consecutive months at any time dining the life of the facility. 6 Conditz"On E - Site Design - Slopes, Heights, Setbacks, Glare, and Lighting .1. Conditions E- I tbrough E- 14 ad&-ess slope limitations, height restrictions, setbacks From property lines and residences, glint and glare analysis (including military aviation considerations expressly deferred from the Final EA to SEPA), and. design standards to U 0 mminuze visual impacts using glare -reducing materials and fiffly shielded, low -intensity lighting per GCC 23.08.357. 6.1.1. E-1. The Applicant shall provide a slope analysis map overlaying the facility layout on slopes classified at the 7% tIn-eshold, confirming all facility components (panels, inverters, BESS) are sited on portions with average slope at or below 7% per GCC 23.08.357(c). Any facility components proposed on portions exceeding 7% slope shall be excluded from the facility footprint. 6.1.2. E-2. Stnictural heights of solar arrays and ancillary and support structures shall not exceed 20 feet in vertical height as measured from the highest existing native P25-0178 Royal Slope Solar CUP Page 26 of 47 grade below each panel and base of structure per GCC 23.08.357(d). Transmission line structures, the collector substation (up to 100 feet), and BESS enclosures (up to 10 feet) shall be sited and constructed consistent with the design characteristics analyzed in Final EA Tables 2-4 and E-1. 6.1.3. E-3. Per OCC 23.08.357(e), in no case shall any component of a solar energy facility be constructed within 100 feet of any off -site residence. Development, as proposed, has been sited to meet or exceed 250 feet from any off -site residence. Shifting or micro -siting may occur during construction, and in no case shall development occur less than 100 feet from any off site residence. 6.1.4. E-4. Setbacks for solar energy facilities shall comply with the standard Setbacks of the underlying zoning classification, except that alternative setback distances may be established through an approved Development Agreement, in which case the terms of the Development Agreement shall control. 6.1.5. E-5. Solar Energy Facilities shall be designed, constructed, and operated to minimize glare and light trespass to adjacent properties, public rights -of -way, and aviation activities. All photovoltaic modules and associated components shall utilize anti -reflective, glare -reducing materials and finishes, which shall be maintained for the life of the project so that no fugitive glare or reflective hot spots are directed toward nearby residences, public roads, or other off -site receptors. 6.1-6. E-6. (Adoption of the December 12,2025, Capitol Airspace Group Glint and Glare Analysis) The Capitol Airspace Group Royal Slope Solar Project Glint & Glare Analysis dated December 12, 2025 (Attachment 1 to the First Addendum to the Conditional Use Permit Application, filed January 30, 2026), prepared by Pfiya Gunduboina, using ForgeSolar's Glare Ga-ugetoolset (formerly the Sandia National C> Laboratories Solar Glare Hazard Analysis Tool, validated through the FAA and the U.S. Depailment of Energy), is adopted as the an glint gli Pr "ect's baseline d glare OJ C) record for the U.S. Army helicopter training routes (Sectors A, B, C, and D) depicted in Figures I and 5 of the analysis. The Applicant shall construct, operate,, and maintain the Project in conformance With that analysis and the assumptions documented therein, and any deviation that would invalidate the analysis shall be addressed Linder Condition E-8. 6.1.7. E-7. (Locked design envelope - PV array specifications modeled) The PV array as constructed shall conform to, or be at least as glare -protective as, the specifications modeled in Tables I and 2 of the December 12, 2025, analysis: All (a) pane' material - smooth glass with ant-reffective Co ting 6.1.7.2. (b) axis tracking - single -axis rotation; 6.1.7.3. (c) tracking axis orientation - 180'l- 6.1-7-4. (d) maximum tracking angle - 4-60'; 6.1.7.5. (e) rotation axis height - 5.5 feet above grade; 6.1.7.6. (f) resting / backtracking -limit angle - 5'; P25-0178 Royal Slope Solar CUP Page 27 of 47 6.1.7.7. W backtracking strategy - none for Subarrays AO 1 -A06, A08-Al I, and All -Al 9, and shade -slope (slope -aware) backtracking for Subarrays A07 and Al2-At6; and 6.1.7.8. (h) Gro'und Coverage Ratio (GCR) - 0.31 or less. ire ;$ 6.2. Substitution of -non-i ARC glass, increase n GCS. above 03 ) in crease ncrease maximum tracking angle, change in backtracking strategy or resting angle, change in axis orientation or axis height, or any cliange in subarray geometry or location that materially alters the modeled glare footprint shall require -updated analysis lmder Condition E-8 before construction or, if discovered after construction, before continued operation of the affected subarrays. ..1. E-8. (Updated glare analysis on design change or addendum) Prior to any material modification of the PV array des* 9 n layout, panel technology, or -tracker ' configuration that would deviate from the parameters listed in Condition E-7, and pnor to the addition or relocation of any subarray, the Applicant shall submit to Grant County Development Services an updated ForgeSolar I GlareGauge (or equivalent FAA -validated SGHAT-based) analysis evaluating the modified Project. The Comity may, at its discretion, require third -party peer review at the Applicant's expense. No building, mechanical, or construction permits for the affected components shall be issued, and no energization shall occur, -Lmtl*l the County has accepted the updated analysis and any additional mitigation conditions necessary to maintain no -glare or low-potential-fo-T-a:fter-image outcomes have been incorporated. 6.2.2. E-9. ('re-e er i tion as -built conformance certification.) Prior to energization of the Solar Facility� the Applicant shall submit to Grant Coy rAy Development Services a Written certification, signed and scaled by a licensed professional engineer, that the as -built PV array conforms to the design envelope specified in Condition E-7 and to any updated envelope established under Condition E-8. The certification shall include geo-referenced as -built layout, panel technology data sheets confinning smooth glass With ARC, tracker controller settings, and the operational backtracking algorithm. Any nonconforming construction shall be corrected, re -analyzed under Condition E-8, or mitigated under Condition E-12 before energization. 6.2.3. E-10. (DOD, Army, and FAA coordination.) The, pplicant shall (i) transmit the December 12, 2025 Capitol Airspace Group analysis and any supplemental analysis required to the U.S. Department of Defense Siting Clearinghouse and to the U.S. Amy Yakima Training Center, (H) request written acknowledgment or non - objection regarding glare effects on military operations, and (Hi) provide the CoLuity with copies of all DOD and Army correspondence regarding the analyses, including any conditions or operational mitigations requested by the Army. The Applicant shall also include the analyses, or the GlareGauge "Determination of No Glare" letter, with each Federal Aviation Admi 'stration Form 7460-1 submittal required under Condition E- 14 for any project component meeting the notification criteria of 14 CFI. Part 77 and shall provide the County With a copy of the FAXs P25-0178 Royal Slope Solar CUP Page 28 of 47 "Determination of No Hazard to Air Navigation" or equivalent finding for each filed component. If DOD, Aimiy, or FAA correspondence identifies additional glare - related conditions, those conditions shall be incorporated by reference into this MDNS through administrative addendum under WAC 197-11-625. 6.2.4. E-11. (Operational f are complaint protocol.) Prior to commercial operation, the Applicant shall establish and shall publish on the Project website and in the County's permit file, a publicly accessible glare complaint contact (toll -free telephone number, email address, and online form) staffed dur' regular business 1119 hours. The Applicant shall log all complaints with date, time, location, observer description, and weather; respond in writing to each complainant within fourteen (14) calendar days; and, for any complaint that cannot be summarily resolved, complete a site -specific ForgeSolar / GlareGauge analysis of the reported receptor 4b within sixty (60) calendar days and implement mitigation under Condition E-12 as necessary. Annual complaint logs and resolution status shall be submitted to Grant County Development Services concurrent with the GCC 23.08.357 five-year facility re-evaluation and upon any County request. 6.2.5. E-12. (Site -specific glare mitigation - measures of last resort.) )Miere any analysis under Conditions E-8 or E-11 predicts or documents Yellow (potential for after -image) or Red (potential for retinal burn) ocular impact at any receptor, or where DOD, Army, or FAA identifies a glare concern under Condition E-10, the Applicant shall implement, in order of preference and as feasible: 6.2.5.1. (a) reorientation of the affected modules or revision of the tracker control algorithm; 6.2.5.2. (b) deployment of non -glare or lower -reflectivity glass on the affected modules; 6.2-5.3, (c) operational restrictions during the affected time -of -day windows-, 6.2.5.4. (d) vegetative screening, opaque fencing, or earthen berms at the receptor side of the affected line -of -sight; and 6.2.5.5. (e) such other measures as the Director may require following consultation with DOD, Army, FAA, and the affected receptor. Mitigation measures shall be incorporated into the Project's final Visual Impact Mitigation Plan (Condition H-3) and the Operations and maintenance plan and shall be inspected and verified by the Applicant at intervals not greater than annually for the operating life of the Project. 6.2.6. E-13. Any exterior lighting associated with the solar energy facility, including lighting on solar arrays, inverters,, transformers, substations, operations and maintenance buildings, and perimeter fencing, as well as any lighting associated with an energy storage system facility, shall be full -cutoff, downward -directed, and shielded to prevent off -site glare and light trespass, and shall use the minimum intensity, mounting height, and hours of operation necessary for safety and security. New light sources shall be mim*mized and lighting designed to limit the lighted area to the mm'_imum necessary; lighting shall be directed downward and away from P25-0178 Royal Slope Solar CUP Page 29 of 47 riparian and aquatic areas to minimize attracting Wildlife (Final EA Appendix C, Section 12.$). 6.2.7. E-14, (FAA notification) The Applicant shall file Federal Aviation Administration Form 7460-1 (Notice of Proposed Construction or Alteration) for anv project component (including tratismission line structures, the collector substation, and any associated meteorological towers, cranes during construction, or other temporary Structures) that meets the notification criteria of 14 CFR Part 77. The Applicant shall provide the County With FAA's "Detennination of No Hazard to Air Navigation" or equivalent finding, including any conditions on .lighting, marldng, or height, prior to construction of the aflected component. 7. Condition F - Public Infrastructure, Fire, Recreation, and Emergency Response 7.1. Conditions F-1 through F-7 are 'intended to ensure that the solar photovoltaic energy generation facility and battery energy storage system are 9 des' ned and operated in a manner that supports emergency access, wildfire prevention and response, coordination with the Grant County Fire Marshal and local fire districts, BESS-specific fire and life - safety standards, and continued compatible recreational use of surro-Lmding private lands. 7.1.1. F-1. The Applicant shall coordinate with the Grant Count/ Fire Marshal's Office and the, affected local, fire districts dining project design, pQnnittixig, and construction to develop and implement wildfire prevention and response measures within the project lease bounden-y and adjacent areas, including vegetation management, defensible space standards, water supply or drafting locations (if required), and emergency response procedures consistent with applicable fire code and Vandland-urban interface requirements. Any internal combustion engille operated on or near brush- or grass -covered land shall be equipped with a spark arrester or shall be constructed, equipped, and maintained for prevention of fire (Final EA. Appendix. C, Section 16.a). 7.142. F-2. The solar energy facility shall provide continuous fire apparatus access around the perimeter of the fenced project area and to critical infrastructure (in.cludfi-Lg substations, battery energy storage systems, and operations and maintenance buildings), with all-weather roads, turnarounds, and tw-nouts designed and constructed to meet the minimum width, grade, and load -bearing requirements of the adopted fire code and any more specific standards of the Grant Cotmty Fire Marshal's Office and local fire districts. 7.1.3. F-3. All gates or bam*cades installed across fire apparatus access roads shall obtain a Fire Construction Permit Erom the Grant County Fire Marshal's Office and shall be equipped with approved electronic or keyed locking devices, including Knox boxes or Knox gate switches, to provide rapid emergency access for fire and emergency medicc-d services; gate clear opernng widths and locations shall conform to Fire Marshal standards and be shown on the approved site plans. 7.1.4. F-4. The Applicant is responsible for determining, ning, obtaining, and maintaining all other permits, approvals, and licenses required by local, state, and federal agencies for construction and operation of the solar energy facility and transmission line, P25-0 t 78 Royal Slope Solar CUP Page 30 of 47 including but not limited to road approach permits, wility permits, fire construction permits, Washington State Department of Tiransportation oversize/overweight load permits, a Large Generator Interconnection Agreement with the Bonneville Power Administration, and any required approvals related to access management or public right-of-way use, and sball comply with all associated conditions (Final EA Appendix H). 7.1.5., F-5, Recreational uses such as hunting, gathering, wildlife viewing, and other outdoor activities may, continue on privately held lands outside the fenced solar energy facility boundary at the landowner's discretion, provided such activities do not conflict with project safety, security, or operational requirements and comply with all applicable state hunting regulations and landowner -imposed rules. The Applicant shall coordinate with participating landovmers, the Washington Department of Fish and Wildlife, affected Tribes, and local file districts as appropriate to establish. any necessary safety bijffers, posted restrictions, or access management measures near project infrastructure. 7.1.6. F-6. (BESS and Facility Fire, Life Safety) The 260 MW lithitmi-ion phosphate battery energy storage system shall be designed, constructed, commissioned, operated, and decommissioned in accordance with: (a) the ctuTent edition of NFPA. 855 (Standard for the Installation of Stationary Energy Storage Systems-)- (b) the energy storage system provisions of the currently adopted International Fire Code (Chapter 12) and the'%shington State Energy Code- (c) UL 9540 (Standard for Energy Storage Systems and P Equi ment) listing and UL 9540A (Test Method for Evaluafin.",' Thermal Runaway Fire Propagation) test data submitted for the proposed battery technology; (d) a project -specific Hazard Mitigation Analysis (HMA) under NFPA 855 §4.1.4, prepared by a qualified fire pTotection engineer and reviewed and accepted by the.Gr--mt Co-Lmty Fire Marshal; (e) an Emergency Operations Plan addressing thermal runaway, off -gassing, fire, explosion, electrical shock, and downed-1 ffie hazards, with first -responder training provided to Grant County Fire District #10 and other agencies having Jurisdiction before energization; and ambient air monitoring and emergency shutdovai systems integrated with the project SCADA. The Applicant shall provide written documentation of compliance with each item prior to BESS conunissioning (Final EA Sections 3.5 and Appendh( C, Section 16.b). 7.1.7. F-7. (Construction Emergency Response and Fire Prevention Plan) Prior to mobilization,:she Applicant shall submit to Grant Comity Development Services and the Cn-wit County Fire Marshal an Emergency Response Plan and a Fire Prevention Nan covering constniction, operation, and decommissioning,- of the Solar Facility, BESS, and Transmission Une, consistent with Final SEA Appendix C, Section 16. The plans shall include consultation with the local fire department, the transmission operator, BP, , and the energy supplier.-, defined emergency -roles and responsibilities; descriptions of emergency scenarios (including BEES fire,, downed conductor, and electrical shoct,-); on -site tram"ing of fire persomel; tralm*ng for local first responders; and protocols for monitoring an affected BESS enclosure fi"om a safe distance using infrared cameras Lmtil temperature returns to ambient. P25-0178 Royal Slope Solar CUP Page 31 of 47 8. Condition G - Cultural Resources 8.1. Conditions G-1 and G-2 apply exclusively to the transrM* ssion line component on Bureau, of Reclamation -managed federal lands. These conditions are issued under WAC 197-11-153(4), which authorizes the County to expressly def-er to the federal Section 106 process and condition project approval on compliance with its outcomes. The Bureau of Reclamation's Final Enviromnental Assessment (CPN-EA-0 -01, June 2026) doe-Lunents approxi-triately 96 archaeological resources in the Area of Potential Effects and ongoing consultation with three affected Tribes, with Traditional CultLual Property studies prepared by each Tribe identifying TCPs with in or adjacent to the APE, some of which are also Indian Sacred Sites as defined in Executive Order 13007. Conditions H-1 through H-16 shall also apply if not covered under Section 106 project conditions. 8.1.1. G4. No ground -disturbing activities on Bureau of Reclamation lands shall cornmence until. the Reclarnation-led Section 106 consultation process tinder the Nat'l oral Historic Preservation Act (54 U.S.C. § 306108, 36 CFR Part 800.) is, complete and any required cultural resource mitigation measures for historic properties - including archaeological resources, Traditional Cultural Places, Historic Properdes of Religious and Cultural Significance to Indian Tribes (:HPRCSIT), and hadian Sacred Sites - are incorporated into the Project design to the satisfaction of the Bureau of Reclamation in consultation with affected Tribes (Confederated Tribes and Bands of the Yakama Notion, Confederated Tribes of the Colville Reservation, and Wanaptmi Band of Priest Rapids) and the Washington Department of Archaeology cmd Historic Preservation (DAHP). 8.t.2. G-2. If the Section 106 procOss results in finding of adverse effect requiring execution of a Memorandum of Agreement or Programmatic Agreement (3 6 CPS.. § 800.6 or § 800.14), the Applicant shall incorporate all stipulations of the MOAIPA into the Project design and construction plans prior to commencement of ground: - disturbing activities on Bureau of Reclamation lands. Evidence of compliance, including any executed agreement cultural resource monitor' plan, NBPA post - review discovery plan, and NAGPRA discovery plan, shall be submitted to Grant County Development Services. The Applicant shall offer paid Tribal cultural monitor positions during construction on Reclamation lands consistent with Final EA Appendix C, Section I O.b, and shall provide reasonable access for traditional cultural practitioners to gather culturally significant plants and materials on Reclamation lands outside active construction areas consistent with Final EA Appendix C, Section 101 9. Condition H -Cultural Resources -Inadvertent Discovery and Archaeological Monitoring on Non -Federal Project Lands .1.. Conditions H-1 through U-16 address the County's independent responsibility under GCC 24.08 (Cultural Resource Lands) for non-federal project lands under the Grovith Management Act, separate from but coordinated with the federal Section 106 process. 9.1-1. H-1. (Section 106 / Programmatic MOA - Private Lands; KOP 36A Traditional Cultural Place visual impact) The Bureau of Reclamation, as lead P25-0178 Royal Slope Solar CUP . Page 32 of 47 federal agency under the National Historic Preservation Act, is conducting Section 106 consultation under 36 CFR Part 800 with the State Historic Preservation Officer (DAHP), the Yalcama Nation Cultural Resources Program (YNCRp), the Confederated Tribes of the Colville Reservation, the Wanaplun Band of Priest. Rapids, and other consulting pal -ties regarding the Projeef, including the si fficant gra visual impact to a Traditional Cultural Pike at Key Observation Point (KOP) 36A attributable to the Solar Facility identified by NCRP in its April 21, 2026 letter to Reclamation and confirmed in the June 16,1 2026 YNCR.P commutucation to Ormit County. Pursuant to WAC 197-11-158(4), WAC 197-11-350(3), WAC 197-11­610fi WAC Q/ 17-11-660, and RC W 43.21 C.240, Grant County defers the substantive resolution of the KOP 3 6A TCP visual 11i-Ap act to the Reclamation -led Section t06 process mid to the Programmatic Memorandum of Agreement pathway requested by YNCRP under 36 CFR §.800. 14(b). If the Section 106 process results in a finding of adverse effect requim* ag execution of a Memorandum ofAgreement or Programmatic Agreement under 36 CFR § 800.6 or § 800.14, the Applicant shall incorporate all stipulations of the MOA/PA that are applicable to the privately held portion. of the Project area. into the Project design, the final site layout, the Visual Impact Mitigation Plan, and the constniction plans prior to coi=encenient of any grotmd-disturbing, activities on private lands, including the Solar Facility footprint and the 1.70-mile privately held segment of the 230-kV transmission line. No Clearing, grading, mechanicat, or building permit.shall be 'Issued by Grant County for work on the pfivate-land portion. of the Project until one of the following has been demonstrated to the satisfaction of the Director of Development Services: 9.1.1.1. (a) Section 106 cons'Oltation has been completed, and any required MOA or PA has been executed and its private -lands P sti ulations incorporated into the Project; 9.1.1.2. (b) site -specific cultural-reso-urces mitigation conditions adequate to address the KOP 3 6A TCP visual impact, as confrTmed in VM*ting by YNCR` and DAHP thtough consultation with Reclamation, have been incorporated as conditions of the Conditional Use Permit and satisfied; or 9.1.1.3. (c) the deferral condition of WAC 197-11-158(4) has been satisfied through documented good -faith consultation nth INlCl , DAHP, and Reclat,nation.. 9.1.2. Evidence of compliance - including any executed MOA or PA, the final Cultural Resomees Monitoring Plan, the NHPA Post -Review Discovery Plan, the NAGPRA inadvertent Discovery Plan, and the Visual Impact Mitigation Plan for KOP 36A - shall be submitted to Grant County Development Services and recorded against File P 25-0178 / P 25-0179. The Applicant shall offer paid Tribal cultural mom,'tor positions during construction on the private -land portion of the Project on the same terms required by Final EA Appendix C, Section I O.b for Reclamation lands, and shall provide reasonable access for traditiond cultural practitioners to gather culturally significant plants and materials on private lands outside active P25-0178 Royal Slope Solar CUP Page 33 of 47 41 construction areas to the maximum extent allowed by the P petici ating landowners and consistent with Final EAAppendix C, Section 101 9.1.3. H-2.(40-meter Tribal Exclusion, one -west and north TCP locations) The Applicant shall integrate and* shall, not modify without prior written concurrence of YNCRP, the 40-meter exclusion -zone KMZ transmitted to CRP on April 22, 2026, and confirmed by YNCRP in its June 16, 2026, email as resolving the west and north TCP sensitivities along the margins of the private -land prof ect area. The 40-meter exclusion zone shall be shown on the final Site Layout, the TPP, the Vegetation Management Plan, the Construction Traffic Control Plan, and the Cultural Resources Monitoring Plan, and shall be flagged, and fenced on the ground prior to mobilization. No ground disturbance, vegetation removal, vehicle travel off existing roads, material laydown, or worker access shalt occur withhi the 40-meter exclusion zone except as expressly authorized in writing byYNCR-P through Reclamation -led Section 106 consultation. 9.1-4. H-3. (Visual Impact Mitigation Plan - KOP 36A) Prior to issuance of any building or mechanical permit for the Solar Facility, the Applicant shall submit to Grant County Development Services a final Visual Impact Mitigation Plan that builds upon the April 2026 Visual Impact Memorand-Lan and that specifically addresses KOP A. The Plan shall identffy the design., screening, vegetative, low - reflectivity, anti -glare module orientation, fencing treatment, color, and any siting refinements that will be implemented to minimize the visual Impact to the KOP 36A Traditional Cultwal. Place, and shall be consistent with the Stipulations of any MOA or PA executed under Condition M-36A and with the cultiral-resources, direction received from YNCRP, DAIH� dtid the Bureau of Reclamation through Section 106 consultation. The Plan shall *Include long-term maintenance and monitoring obligations binding for the operating life of the facility and though. decominissioning. 9.1.5. H-3(a). (Section 106 MOA coordination - KOP 36A) Grant County aelmowledges that YNCRP has, by its letter of June 16,, 2026 (Ex. 5. 10) and confirmed on June 26, 2026 (Ex. 5. 11), identified a significant Traditional Cultural Property visual impact at Key Observation Point 36A attributable to the Solar Facility, has stated that redesign strategies to alleviate that impact are unlikely, and has requested execution of a Memorandtu-n ofAgreement under 36 CFR § 800.14(b) to resolve the impact through. the Reclamation -led Section 106 process. Pursuant to WA C 197-11-158(4), Grant County defers the substantive resolution of the KOP 3 6A TCP visual, act to that federal process. The Applicant shall {i) partic1P* ate inimp good faith in the Reclamation -led Section 106 consultation with YNCRP, CTCR, the Wanapum Band of Priest Rapids, and DAHP; (ii) provide Grant County Development Services with copies of all Section 106 coiTespondence, draft agreements, and executed MOA or PA documents; (iii) incorporate into the final Visual Impact Mitigation Plan and the final Site Layout any stipulations of the executed MOA or PA that are applicable to the privately held portion of the Project area; and (iv) refrain from requesting issuance of any clearing, grading, mechanical, or building permit for the privately held portion of the Project -until one of the prl P25-0178 Royal Slope Solar CUP Page 34 of 47 pathways in Condition H-1 (a), (h), or (e) has been demonstrated to the satisfaction of the Director of Development Servioes. This sub -provision does not delegate to Grant County any substantive Section 106 determination reserved to the Bureau of Reclamation as federal lead agency and does not affect any confidentiality protection under NEPA. § 3 04 (5 4 U. S. C. § 3 07103) , 3 6 CFR § 800. 11 (c), or RCW 42.56.300. 9.1.6. H-4. (Documented good. -faith 'consultation; consultation log.) The Applicant shall maintain and shall provide to Grant County Development Services upon request, a complete consultation log documenting all communications, meetings draft documents, and responses exchanged with YNCRP, the Confederated Tribes of the Colville Reservation, the Wanapum Band of Priest Rapids, DAHP, and the Bureau of Reclamation regarding the KOP 3 6A TCP, the 40-meter exclusion zone, and any other cultural-resources-urces matter affecting the private -land i ate -land portion of the Project. The consultation log shall be maintained from the date of this MDNS through completion of constriction and shall be made available to the Heating Examiner upon request v ailure to engage in good -faith consultation shall be grounds for the Director, in consultation vvith the County Prosecuting Attorney, to find that the WAC 197-11-158(4) deferral condition has not been satisfied for purposes of Condition H- t. 9.1.7. H-5. (Development Agreement - cultural resources provisions) The Development Agreement required between the Applicant and Grant County under GCC 23.08.357(i) (decors° missi.onxng, secufityfive-year re-evaluation, e-waste disposal outside Grant County) shall, in addition to those subjects, memorialize the Applicant's contm''Jing good -faith consultation obligations with YNCRP, DAHP, and the Bureau of .eelm-nation regarding the KOP 36A TCP and shall expressly incorporate Conditions G-2, H-1, H-2, H-3, and.H-4 by reference as enforceable obligations nmning with the land for the operating life of the Project cmd through decommissioning. The Development Agreement shall be executed and recorded prior to issuance of any clearing, grading, mechanical, OTbuilding peiinit for the private -land portion of the Project. 9.1.8. H-6. (Adoption of Reclamation FW'al EA under'WAC 197-11-610(2)) Grant County, as SEPA lead agency, has adopted the Bureau of Reclamation Final Environmental Assessment for the Royal Slope S olar F acility 23 0-kV Transmission Line (CP -Ea.- o 4-0 1, June 2026) under WAC 197-11-600 and WAC 197-11- 610(2) as analytical support for this Mitigated Detennination of Nonsigm"ficance. The Applicant shall implement, on the pri-vate-Imid portion of the Project, the Design Features set forth in Final EAAppendix C and the Royal Slope Solar Facility features set forth in Final EA Appendix E at a level of protection no less than that required of work on Bureau of Reclamation lands, except where this MDNS or the Conditional Use Penmh imposes a more protective standard, M' wbich case the more protective standard shall control. 9.1.9. H-7. (Section 106 / PA sequencing - no permits prior to close-out) Consistent with the County's Conditional Use Permit conditions C-3 and C-4 carried P25-0178 Royal Slope Solar CUP Page 35 of 47 forward into the I -fearing Exai-niner record from the June 1. 7, 2026, Compliance Review,, no clearing, grading, mechanical, or building permit shall be issued for any portion of the Project until the Reclamation -led NHPA Section 106 consultation process is complete and any cultural -resources mitigation measures required by the resulting determination, MOA, or PA have been incorporated into the Project design. The HearingExaminer's CUP decision shall expressly reserve to the Director the authority to withhold permit issuance under this Condition without fin-ther hearing. 9.1.10. H-8. For non-federal prof ect lands, the Applicatit shall comply independently with GCC 24.08 (Cultural Resource Lands) under the Growth Management Act. An Inadvertent Discovery Plan (IDP) consistent vn"th RCW 27.53.060 and WAC 25-48- 060 shall be in place prior to any ground-dish,b fing activities on non-federal lands, and all construction personnel shall receive oultural ,resources awareness training (delivered as part of the WEAP under M-2 I A) prior to commencement of work. 9. 1.11, H-9. If hinnan remains and/or associated grave goods are inadvertently encountered during Project activities, work that could disturb the fmd must stop 0 immediately, and the area must be secured and protected from further disturbance in accordance with'Washington State law. 9.1. t 2. H-1 0. (Required Notifications) All personnel niust "immediately notify the Project Superintendent (or designee), Who will in turn. notify local law enforcement and the County Coroner/Medical Examiner in the most expeditious manner possible, as required by RCW 27.44,.RCW 68.50, and RCW 68.60. The location of the find cruid any information about it must not be disclosed to the public, media,, or on social media, and photography of theremam"s is prohibited unless expressly authorized by the Coroner/Medical Examm'er and the Deparltment. of Archaeology and Historic Preservation (DAi- P). 9.1.13. H-11. (Treatment of the remam's) No one associated with the Project may touch, move, clean, or otherwise disturb the remains or associated items. until the County Coroner/Medical Examftier has arrived and authorized specific actions. The County Coroner/Medical Examiner will assume j urisdiction over the human'skeletal remains, determine whether they are forensic or non -forensic, and coordinate any necessary criminal. investigation. 9.1.14. H-12. (Transfer to DAHP and tribal notification) If the County Coroner/Medical Examiner determines that the remains are non -forensic, the Coroner/Medical Examiner Will report that finding to the Washington State Department ofArchaeology and Historic Preservation (DAHP), which then assurnes jurisdiction over the remains pursuant to RCW 27.44.055, RC W 68.50, and RCW 68.60. DARP will notify appropriate local cemeteries, and all affected Indian tribes within the tt'meftames specified in statute and rule and will coordinate with ffibal cultural resources staff as applicable. 9.1.15. H-13. (Determination of cultural affiliation) The State Physical anthropologist, 4 m coordination with DAHZ will determine whether the remains are those of an P25-0178 Royal Slope Solar CUP Page 36 of 47 indigenous person and will provide that determination to AHP, the County Coro-ner/Medical Examiner, any appropriate local cemeteries, and all affected tribes. When the remains are identified as Indigenous, the County Coroner must cooperate with law enforcement to attempt to identifV and immediately contact family members and affected tribes, tribal organizations, and conunumties, consistent With RCW 68.50.325 and related provisions. 9.1.16. H-14. (Resumption of work and final disposition) DAHP will lead consultation wi i th affected tribes, local governments, federal agencies (if there is a federal nexus), and other consulting parties regarding documentation, treatment., preservation, excavation, and final disposition of the remains and associated items. Construction activities within the discovery area may resume only after all required notifications and consultations have occurred, the Coron.er/Medical Examiner and DAHP have completed their on -site work, and written authorization to proceed has been provided by the pennitting authority in coordination with DAHP and any lead federal agency, if applicable. 9.1-17. H-15. Archaeological monitoring shall be conducted for all project -related ground-disttubing activities pursuant to an approved Archaeologicai Monitoring Plan. Prior to issuance of any grading, mechanical, or building permit, the Applicant shall cons -Lilt with and obtain written approval of the Archaeological Monitoring Plwi from the 'Washington State Depart ment ofA-rchae-ology and Historic Preservation (DAH-P) and the affected Tribes, including agreement on the use of a qualified Professional archaeologist meeting the Secretary of the Interior's Standards and, where requested, one or more Tribal cultural monitors. No ground disturbance may occur until the approved professional archaeological monitor, and any reqaired T fibal cultural monitor(s), are present on site in accordance with the plan, and all monitoring shall be coordinated with the project's Inadvertent Discovery Plan prepared pursuant to RCW 27.44, RCW 27.53, and related guidance,, 9.1.18. R-16. Upon completion of all project -related ground -disturbing activities within the monitored areas,, and after the professional archaeologist has verified that no additional subsurface distiubance will occur, the Archaeological and Tribal Cultural Resource Monitors may be released from the site Vdth written concurrence from the professional archaeologist. The archaeologist shall document in a brief close-out memorandum that monitoring has been completed, sum masize any findings and their treatment, and confirm that the Inadvertent Discovery Plan remains in effect for any unanticipated discoveries dtwing subsequent non-ground-distabing work; t1lis memorandum shall be provided to the Cotuity, the affected Tribes,, and, where applicable, DAHR 10. Condition I - .flans ,required` Prior to First Ground Disturbance or Building Permit 10.1. Condition 1-1 consolidates the project -specific plans and authorizations required by other conditions of the MDNS, the Reclamation Design Features M* Final EA Appendix C, and applicable state and federal law. The Applicant's compliance with this section is intended to provide the County, Reclamation, and other agencies with Jurisdiction a coordinated record of project commitments prior to construction. P25-0178 Royal Slope Solar CUP Page 37 of 47 10. 1 - 1. 1-1. Nor to issuance of any grading� mechanical, or building permit (or, for federal lands, prior to Reclamation's issuance of the land use authorization), the Applicant shall submit to Grant County Development Services copies of, or evidence of approval of, the following project plans and authorizations, each prepared consistent with the cited Reclamation Design Features (Final EA Appendix C) and applicable Co-Lmty, state, and federat tequirements: 10.1.. ("DA" = Prior to Development Agreement; "GD" Prior to first Ground Disturbance; "'BC" = Prior to first BE SS Commtsstonuig): Plan / Document Sequence Authority 1-1 Plan of Development (POD) GD, Final EA Appendix C, Section I.g Condition A-1 I A-7; 1-2 Stormwater Pollution Prevention Plan (SVVPPP) GD Final EA Appendix C, Section 7 1-3 Spill Prevention, Control, and Countermeasure (SPCC) GD Condition C-4; Final EA Appendix Plan C, Section 8 Condition A-6; Final 1-4 Dust Control Plan GD EA Appendix C, Sections 2 and 9 Integrated Weed Management l Noxious Weed Control GD Condition B-1 1; Final EA Appendix Plan C, Section 12.b—h Condition C-7; 1­6 Worker Environmental Awareness Program (WEAP) GD Final EA Appendix C, Section 12.0 Condition H-8; 1-7 Inadvertent Discovery Plan (IDP) GD RC W 27.53.060, WAC 25-48-060 Condition G-2, H-1; 1-8 Archaeological Monitoring Plan (AMP) GD Final EA Appendix Q Section 1 O.b 1-9 NHPA Post -Review Discovery Plan and NAGPRA GD Condition G-3 Discovery Plan (federal and private lands) 1-10 Visual Impact Mitigation Plan (KOP 36A) GD Condition H-3 P25-0178 Royal Slope Solar CUP Page 38 of 47 40-meter Tribal exclusion -zone KMZ integrated into final Gib Condition H-2 Site Layout 1-12 Tribal and agency consultation log GD Condition H-4 1-13 Recorded Development Agreement incorporating cultural- i G D Condition H-5 resources provisions Condition F-7; Final 1-14 Emergency Response Plan and Fire Prevention Plan GD EA Appendix C, Section 16 1-15 BESS Hazard Mitigation Analysis under NFPA 855 §4.1.4 GD Condition F-6 1-16 Decommissioning and Reclamation Plan and GD Condition D-1, D-2 Development Agreement, under GCC 25.28 Construction Stormwater General Permit coverage and, J 1-17 prior to operation, Industrial Stormwater General Permit GD Condition A-7 coverage or non -applicability determination I Documentation of FAA 14 CPR. Part 77 notification(s) and GD Condition E-14 determinations _J Documentation of BPA Large Generator Interconnection GD Condition F Agreement-4 Condition B-1 1; 1-20 Pesticide Use Proposals (Reclamation land) GD Final EA Appendix C, Section 12.i Any required Section. 7 ESA consultation outcomes from Final EA Appendix 1-201 the U.S. Fish and Wildlife. Service and any associated GD H a incidental take authorizations 11. Condition J- Consiruction Coordination, Public Liaison, and Matey ial Changes 11.1. Conditions J-1 through J-4 address coordination with Reclamation prior to ground disturbance, public comm-Luaication during construction, and the County's reservation of authority to require additional review if the proposal changes materially. 11. 1. 1, J-1. (Advance notice to Reclamation) The Applicant shall provide written notice to the Bureau of Reclamation, Columbia -Cascades Area Office, at least fourteen (14) days prior to commencing any ground -disturbing activities on Reclamation land, consistent with Final EA Appendix C, Section 17, and shall copy Grant County Development Services on the same notice. P25-0178 Royal Slope Solar CUP Page 39 of 47 1.1 J-2. (Public liaison) The Applicant shall designate a public liaison before and during consftuction to respond to questions, concerns, and complaints from neighboring property owners,, tenants., residents, and the public regarding noise, dust, fight' ing., traffic., and other construction effects. The Applicant shall establish a method for receiving inquiries (e.g., toll -free telephone nutuber, dedicated email, project website) and shall maintain a written log of inquiries and responses, available to the County upon request (Final EA Appendix C, section 1. val I-D. 11.1.3. J-3. Material changes; supplemental review) If the Proposed Action changes significantly from that analyzed in the FM* al EA and the SEPA Environmental Checklist as adopted herein - including but not limited to ebanges M* transmission line alignment, structure type or height, use of blastinp, or explosives, additional spoil or work areas outside the defied construction area, changes in BESS technology or footprint, or any change that would alter the analysis or conclusions for cultural resources, biological resources, water resources, visual resources., or public sa5ety - additional SEPA review under TA C 197-11-340(3)(a) and additional NEPA review by Reclamation may be required prior to construction of the affected component, consistent with Final EAAppendix C, Section 6. 11.1.4. J-4. Enforcement. 'Violation of any condition of this NON S shall be subi eetto the enforcement provisions of GCC 24.04.210 and Chapter 25.20, in addition. to any independent enforcement authority of DAHP, WDFW, Ecology, GCFD-1 0, or GCPW under state law. 12, Supplemental Conditions of,4pproval 12.1. S-1. Development Agreement. Prior to issuance of the first gradm*g., building, or land -disturbance pertnit for the Project, the Applicant shall execute and record a Development Agreement under GCC 23.08.3 57(i) and GCC Chapter 25.28 memorializing the Conditions of Approvdt of this CUP and the SEPA Mitigation Conditions in MDNS Sections A tluough J. The Development Agreement shall im With the land and shall be recorded in the Grant County Auditor's records. 12.2. S-2. Notice on Title, Nor to issuance of the first grading, building, or land - disturbance permit for the Project, the Applicant shall record a Notice on Title against each Project parcel identified in the Case Summary above, referencing this CUP, the SEPA File, and the Development Agreement, and shall provide proof of recording to Grant County Development Services, 12.3. S-3. Road Use Agreement and Public Works Permits. Prior to first ground disturbance, the Applicant shall execute a Road TJse Agreement With Grant County Public Works addressing County road improvements, hauling routes, maintenance I and restoration, and shall obtain the applicable road -approach permits, engineered civil plan set approvals, and grading perni-its under OCC 23.12.080, 12.4. S-4. Fire Protection Coordination. Prior to first ground disturbance, the Applicant shall complete the Emergency Response Plan and Fire Prevention Plan required by MDNS Section F, and shall coordinate with the applicable Grant County Fire P25-0178 Royal Slope Solar CUP Page 40 of 47 District regarding BESS emergency response,, fire -access, and wildfire -prevention measures. 12.5. S-5. Large Generator Interconnection Agreement. Prior to commercial operation of the Project, the Applicant shall provide evidence of an executed Bonneville Power Admim*stration Large Generator Intei-connection Agreement (LGIA) for the trwismission line component. 12.6. S-6. Federal Nexus Compliance. The Applicant shall comply with all conditions, mitigation measures, and Design Features imposed by the Bureau of Reclamation under Reclamation Final EA CPN-EA-2024-01 (June 2026), Action alternative 2, and the associated FOT\TSI, and with any Memorandum of Agreement or Programmatic Agreement executed under 36 CFR § 800.6 or § 800.14 for the federal -lands segment, M* addition to the Conditions ofApproval of this CUP and the SEPA Mitigation Conditions in MD NS Sections A through J. 12.7. S-7. Assessor Current -Use Coordination. For any Project parcel identified by the Grant Comity Assessor as classified wider a Current Use (Open Space, Agricultural, or Timber) designation under RCW Chapter 84.34, the Applicant shall coordinate With the Assessor's Office prior to first ground disturbance on that parcel and shall resolve any Current Use conversion consistent with the Assessor's direction, including payment of any compensating tax, interest, or penalty due upon. conversion to a non -qualifying use. 12.8. S-8. Decommissioning Cost Re -Evaluation. Consistent'With MDNS Section. D, the Applicant shall re-evaluate the Decommissioning and Reclamation Plan cost estnnate every five (5) years for the operational life of the Project and shall adjust the fmancial secuii.ty instrument as reTaired by the Development Agreement to reflect the updated cost estimate. 1209. 8-9. Compliance with Approved'Plans. T'he Project shall be constructed and operated in accordance with the applicant's Master CUP Application,, the First Addendum (January 3 0, 2026), the Second Addendum (May 8, 2026), the Capitol Airspace Group Glint and Glare analysis (Decernher 12, 2025), the Habitat Mitigation Plan, the Vegetation and Weed Management Plan, the Worker Environmental Awareness Program, and all other approved plans referenced in the SEPA MDNS and this CUP. Matefial deviations require prior written approval by Grant County Development Services consistent with WAC 197-11-600 and WAC 197-11-625 and consistent with MDNS Condition J-3. 12.10. S-10. Confidentiality of Cultural Resource Information, Location -sensitive cultural resource information shall not be released through this proceeding or through the Grant County pennit record except as permitted by NHPA § 304 (54 U.S.C. § 3 07 t 03)� 36 CPS. § 800.1.1(c), and RC W 42.56.3 00. The Applicant, its agents, and its contractors shall handle such information consistent with these provisions and with any protective directives "issued by the Bureau of Reclamation, DAHP, or a consulting Tribe. 12.11. S-11. Duration and Extensions. The Conditional. Use Permit shall be governed by the duration and extension provisions of GCC Chapter 25.08. P25-0178 Royal Slope Solar CUP Page 41 of 47 12.12. S-12. Change of Ownership. Any transfer of the Project or of the underlying leasehold interests shall be reported to Grant County Development Services within thirty (30) calendar days of closing. 12-13. S-13. Transferability. This Conditional Use Permit may be transferred to a new property ovaier and/or project operator, subject to the following: A. 40 12.13.1. If legal ownership of the subject parcel(s) changes at any time during the life of this Conditional Use Pennit, the new property owner shall submit a written request to Grant County Development Services including a current title report, No - indicating whether they wish to continue or tenninate the permit. 12.13.2. If a new project operator (different from the original CUP applicant) wishes to continue the approved solar energy use, the new operator shall: 12.13.2. 1. Submit a written. CUP transfer/update request to Grant County Development Services; 12.13.2.2. Provide a description confirming that the approved solar energy facility remains the primary CUP use on the site and that no substantive changes to the approved project have occurred; 12. 13.2.3. Provide written consent from the legal property owner, if different from the operator; and 12.13.2.4. Provide written acknowledgment accepting all Conditions of Approval associated with this CUR 12.13.3. The transfer shall not take effect Lmdl the Hear Examiner has reviewed the submitted materials and issued written confirmation that the Conditional Use Pernu*t has been transferred to the new owner and/or operator. 12.14. S-14. Time to Complete Conditions of Approval. The applicant shall have five (5) years from the date of Hearing Eycaminer approval of this Conditional Use Pem-ilt to satisfy all Conditions of. pproval.. 12,14.1. If all Conditions ofApproval have not been met and Grant Co-Lmty- Development Services has not issued the final Conditional Use Perm approval within five (5) years from the date of the Hearing Examiner decision, the Hearing Examiner may declare the approval null and void at a -regular public meeting. Pfior to taking such action, Development Services shall provide written notice to the applicant at the applicant's last known adch-ess at least thirty (30) days in advance of the scheduled Hearing Examiner meeting. 12.15.. S-15. Extension of Time to Complete Conditions of Approval. The applicant may request one (1) extension of time, not to exceed two (2) additional years, to complete all Conditions ofApproval. 12.15.1. Any request for an extension shall be submitted in writing to Grant County Development Services sixty (60) days prior to the expiration ation of the original . five-year approval period and shall include: P25-0178 Royal Slope Solar CUP Page 42 of 47 12.15.1.1;. A demonstration of significant progress toward completion of the Conditions ofApproval, such as executed contracts, issued pennits, substantial plan review milestones, site preparation, or other documented steps; and 12.15.1.2. A proposed schedule for completing all remaining conditions within the, a - requested extension period. 12.15.2. The Hearing Examiner mav , grant or deny the extension at a regular public meeting, based on the information provided and any staff recomniendation. If an extension is denied, or if the applicant does not subm-it a complete extension request before the original deadline, the Conditional Use Pemih approval may be declared null and void. 12.16, S-16. Enforcement,. Violation of any Condition of this Approval shall be subject to the enforcement pro -visions of GCC Chapter 25,20 and Chapter 24.04 and shall be independent grounds for suspension or revocation. of the Conditional Use Permit. 13. Discussion of Selected Issues 13.1. Partial Federal Nexus and Reclamation Lead. The Project has a partial federal nexus. The transmission line cornponent crosses lands admifflstered by the U.S. Bureau of Reclamation and is addressed by Reclamation Final Environmental Assessment CPN- EA-2024-01 (June o 6). Action Afternative 2, and its associated Finding of No S ignifficant Impact. Reclamation is federal lead agency for NEPA review of the transmission line componicnt and for Section t 06 consultation wider IxWA § 106 (54 U.S.C. § 306108) and 36 CFI. Part 800. The solar and BE SS facilities on private land are within C-trant Coimty's Jurisdiction. Consistent with WAC 197-11-158(4) mid WAC 197- 11-610, Grant Comity adopts the Reclamation. Final EA by reference as it relates to -the federal -lands segment and -defers to the federal Section 106 process, while enforcing the outcomes through MDNS Conditions G-1 and G-2,, 13.2. Three -Tribe Section 106 Consultation. Three federally recognized Tribes are engaged in. the Section 106 process for the Project: The Confederated Tribes of the Colville Reservation (CTCR) and the Confederated Tribes and Bands of the Yakama Nation (YNCRP), invited under 36 CFI § 800.2(c)(2)(ii); and the Wanapum Band of Pfiest Rapids, invited under 36 CFR § 800.3(f)(3). Confidentiality of location. -sensitive cultural resource information is preserved under NHPA, § 304 (54 U.S.C. § 307103), 36 CFR § 800.11 (c), and RCW 42.56.300. 13.3. CTCR. Sites GR04692 and GR04693 (H-2A) and Wanapum Saddle Mountains TCP (H-2B). CTCR memoranda (Exhibits 5.1, 5.2, and 5.3, the last of which is signed. by Amelia Stanger as CTCR Interim Tribal Historic Preservation Officer) identify precontact archaeological sites GR04692and GR04693 within the Project vicinity. These sites are adch-essed by 1MNS Condition H-2A, which imposes interim avoidance, wi archaeological monitoring plan, and a 30.49-meter (100-Moot) interim exclusion buffer subject to modification ordy by written concurrence of CTCR (Historyl rchaeoiogy Program) and DAHP. Separate July 10, 2026, correspondence from the Wanapum Band of Priest Rapids identifies the Saddle Mountains Traditional Cultmal Property; this TCP is addressed by NO NS Condition H-2B (avoidance, monitoring, and Watiapwn- P25-0178 Royal Slope Solar CUP Page 43 of 47 authorized modifications only by written concurrence with DARP). Ms. Stanger is affiliated, only with the Confederated Tribes of the Colville Reservation and did not sign the July 10, 2026, Wanapum correspondence; any prior draft that suggested otherwise is a clencal error. 13.4. YNCR? 40-Meter Tribal Exclusion Zone and KOP 3 6A Traditional Cultmal Property, The YNCRP letter of June 16, 2026 (Ex. 5.10, Jessica Lally, Lead Archaeologist, YNCR-P), confirms that the west and north Traditional Cultural Property (TCP) sensitivities identified in the Apn*1 21, 2026, letter to Reclamation (Ex, 5.8, Casey Bamey, YNCRP Manager) are conditionally resolved through the 40-meter Tribal exclusion zone implemented fia MDNS Condition H-2, provided that exclusion zone is honored on the ground. The same June 16,2026, lefter, however, separately identifies a If f*A signiticant Traditional Cultural Property visual impact at Key Observation Point (KOP) 3 6A attributable to the Solar Fac iffit-y, states that s] trategies to alleviate impact via project redesign are unlikely," and formally requests execution of a Memorandiu-n of Agreement mider 36 CFR § 800.14(b) to resolve the KOP 36A visual impact through the Reel.amation-led Section 106 process. TheYNCRP letter of June 26,,12026 (Ex. 5.11., Gregg Kiona, Interim Program Manager, YNCRP) confirms "continued discussions to address the remaining'TCP impacts." Consistent with WAC 197-11-158(4), Grant County defers the substantive resolution of -the KOP 3 6A TCP visual impact to the Federal Section 106 process and conditions pennit issuance on that process, vn'thout disturbing -the Comity's independent GCC 24.08 review of -non-federal cultural reso-Lwees. This deferral Is implemented by MD Conditions H- I (Section 106 Programmatic MO A pathway - Private Lands), H-2 (4o-meter exclusionzone), H-(Visual Impact Mitigation Plan - KOP36A), and lli-3(f)(Section.106 MOB. coordination - KOP 3 6A) as added in this Staff Report. The federal Section 106 process for the KOP 36A TCP remains ongoing as of the date of this Staff Report, and no MOA or PA has yet been executed. 13.5. WDFW Wildlife -Friendly Fencing and Habitat Approach. IvMNS Section B implements the WDFW Repon 2 comment letters of November 3, 2025 -M'arch 6. 026 and Aprid 24, 2026. Condition B- I sets a feneffig performance standard rather than prescribing a rigid .mesh specification, expressly ratifying the Applicant's 2-in.ch by 2- inch diamond chain -Mink design with a raised bottom subject to WDFW written con-trence. Condition B-8 permits wildlife ingress and egress ramps as an alternative epermits to rind barriers,, and Condition C-1 scopes biological monitor coverage to areas that a qualified biologist and WDFW identifyW"th a habitat -suitability map as suitable habitat, 1 required before the pre -construction meeting. 13.6. E-7 Locked Design Envelope and E-8 Glare Reopener. MD Condition F- logs the panel-and-mountffig design envelope for the Solar Facility to the specifications modeled in. Tables I and 2 of the December 12.,, 2025 Capitol Airspace Group Glint and Glare Analysis: (a) smooth glass with anti -reflective coating (ARC); (b) single -axis rotation-, (c) tracking axis orientation of 180 degrees; (d) maximum tracking angle of ±60 degrees; (e) rotation axis height of 5.5 feet above grade; (f) resting / backtracking -limit angle of 5 degrees; (g) backtracking strategy as specified for identified subarrays; and - (h) Gro-.nod Coverage Ratio (GCS.) of 0.31 or less., Substitution of non -ARC glass, an P25-0178 Royal Slope Solar CUP Page 44 of 47 i4 ncrease in GCR above 0.3 1, an increase in the maximum tracking angle, a change xn baeldracking strategy or resting angle, a change in axis orientation or am's height, or any change in subarray geometry or location that materially alters the modeled glare footpn'nt reqLiires an updated FoTgeSolar / GlareGauge (or equivalent FAA -validated SGFIAT-based) analysis under MDNS Condition E-8 before construction or, if discovered after construction, before continued operation of the affected subarrays. The County may require third -party peer review at the Applicant"s expense tinder Condition E-8. This flat single envelope framework replaces the two-tier description that appeared in prior draft versions of the Staff Repoit and controls in the event of any inconsistency with earlier. drafts. 13.7. DOD/JBLM-YTC and FAA 14 CFR Part 77 Screening. The U.S. Army Yaldma Training Center has issued a no -objection determination regarding the Project, transmitted through the Applicant to Grant County on July 6, 2026 (Fx. 5.25; Mark D. Flores, Airfield Manager, Vagefbond Anny Heliport and Mettie Anny Airstrip: "There is no fin -then action needed from us on this project. We have no objections on this project moving forward."). That correspondence resolves the Anny YTC leor of the DOD, Army, and FAA coordination framework established byMDNS Condition E-10. 13 3.1. Based on the Applicant's federal -agency coordination status reflected 'in Ex. 5.25 and the associated Federal Permitting Improvement Steering Council (FPI C) coordination chain,, and on the Applicant's representations to Grant Cotmty Development Services regarding the titning of the remaining federal deten-ninations, the U.S. Department of Defense (DOD) Siting Clearinghouse review and the Federal Aviation Admim" stration (FAA)14 CFI.. Part 77 screening (and, where applicable, FAA Form 7460-1 Notice of Proposed Construction or Alteration and Detennination of No Hazard to Air Navigation) are anticipated to be complete of record prior to the open record hearing before the Grant Cotmty Hearing Examiner on Aupist 12, 2026. Grant County Development Services will file any DOD or FAA correspondence received before the hearing as a supplemental exhibit. 13.7.2. Recommended action. Upon confirmation of the DOD Siting Clearinghouse determination (or DOD no -review notice) and the FAA Part 77 screermig output (or FAA Detennination of No Hazard) on the record before or at the open -record hearilig, Grant County Development Services RECOMMENDS that the Hearing Examiner deem the substantive DOD-shing and FAA aviation -safety requirements SATISFIED and WAIVE, as pre-pennit filing conditions, (i) MDNS Condition E- 10 (DOD/Army/FAA coordination); (ii) MDNS Condition E- 1. 4 (FAA notification and, where applicable, FAA Form 7460-1 filing); and (iii) the Item 1- 18 entry in MDNS Condition I- I (Documentation' of FAA 14 CFR Part 77 notification(s) and detenninations). Grant County retains, and the recommended waiver does not erect, its authority under WAC 197-11-625 to incorporate by administrative addendum any DOD- or FAA -imposed additional glare -related or aviation -safety condition issued after the hearing, and Condition E-8 (Glare Reopener) remains fully in effect. If the DOD Siting Clearhighouse or FAA Part 77 record is not complete before the hearing closes, Conditions E-10, E-14, and I-t (Item 1-18) remrq.I'n in effect as issued and no P25-0178 Royal Slope Solar CUP Page 45 of 47 waiver takes effect. This action was taken by the Hearing Examiner as part of this Decision. 13.8. 10.8 Reliance on Grant County Compliance Reviews. Findings 5 and 6 above rely on the Grant County Amended Compliance Review dated April 10, 2026, and the Grant County Compliance Review dated June 17, 2026 (Parts I througli 4). Part I of the June 17, 2026, review addresses the April 10, 2026, staff compliance review; Part 2 reconciles the Second Addendum with the April 10 review; Part 3 documents the WDFW Concurrence Record; and Part 4 documents the Yakama Nation TCP Consultation Record. Part 5 of the review sets forth the Amended Consolidated Findings and Recommended Conditions, and Part 6 addresses the Conditioned MDNS Pathway and Section 106 Memorandum of Agreement Integration. Dated this 19- day of August., 2026 GRANT COUNTY HEARING EXAMINER. Andrew L. Kottkamp EXCEPT AS PROVIDED BY GRANT COUNTY UNIFORM DEVELOPMENT CODE, SECTION 25.32.150, THE DECISION OF THE HEARING EXAMINER IS FINAL AND CONCLUSIVE UNLESS APPEALED TO THE GRANT COUNTY SUPERIOR COURT WITHIN TWENTY-ONE (21) DAYS AFTER THE ISSUANCE OF THIS DECISION AS P25-0178 Royal Slope Solar CUP Page 46 of 47 PROVIDED BY RCW 36,,70C,040 AND GRANT COUNTY UNIFORM DEVELOPMENT CODE, SECTIONS 25,32.160 AND 25.04,43001 THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK P25-0178 Royal Slope Solar CUP Page 47 of 47 EXHIBIT "C" DECOMMISSIONING PLAN [SEE ATTACHED] DEVELOPMENT AGREEMENT Page 17 of 19 4928-7222-8261.3 Final Decommissioning and Reclamation Plan Royal Slope Solar Facility February2025 Prepared for prepared by Royal Slope Solar LLG TETRA TECH Grant County, iNA 1750 S Harbor Way, Suite 400 Portland, OR 97201 Decommissioning and Reclamation Plan Royal Slope Solar Facility Table of Contents 1.1 Existing Use ............................................................................................................................... I 1.2 Planned Use .................................................................................................................... ...—.l 1.2.1 Solar Array - Photovoltaic Solar Panels ...................................................................... 2 1.2.2 Inverter Blocks ............................................................................................................. 2 1.2.3 SupporhngAccessoryComponents ........................................................................... 2 1.3 Plan Purpose .............................. --.--..~~------_--.----...-----�2 1.4 Plan .---~---.--~---~—~.~----.—.----.--------..2 1.5 Project Decommissioning ........................................................................................................ 3 1.6 Site Reclamation ....................................................................................................................... 4 2.0 DECOMMISSIONING AND RECLAMATION: SCOPE AND TIMING .. 000000 60*040 0 06**40 0 *0 *as 2-I Scope ofDecommissioning ...................................................................................................... 5 2.2 Equipment mndMatehalsRemoval .----..—..-------..---..—.~'-----'.5 22.1 Overhead and Management ...... —....--..—.---.—.—...--------5 2.2.2 Disassembly and Removal ofSolar Modules .................. ...........~~^^^.~~^'5 2.2.3 Disassembly and Removal ofRacking System .............................. ............................... G 2.2.4 Battery Energy Storage System Equipment Removal and Recycling ........................ 6 2.2.5 Removal ofSteel Piles/Posts and Foundations .......................................................... 6 - 2.2.6 Removal ofInverters, Transformers, Battery Energy Storage System Equipment, and Supporting Electrical Equipment ........................................................................ 6 2.2.7 Betow-GroundElectrical Cables Excavation and RemoveL.-..—.--.-----..6 2.2.8 Access Road Excavation and Removal --.—.—.—.----.~---.--.—.—...6 22.9 Perimeter Fence Removal .................................................................... ........................ 7 2.210 Site Restoration ........................................................................................................... 7 ' 2.2.11 Public Road Repair ................................................. ..--.—.—..-...—~....—. 8 2.2.12 Aboveground Collection Unes—.—...—.----..---...—.-------.—. 8 2.3 Site Reclamation—.----.--.--'—.----...~----..~.----....----... 8 2.4 Timing, Exemptions, and Extension ---.--.----.---------.—..----.~. g 2.5 County Inspections andRepoMing------------------.—.--.....----8 3.0 DECOMMISSIONING AND RECLAMATION FUNDING AND 3.1 Decommissioning and Reclamation Obligations .................................................................... 9 3.2 Decommissioning and Reclamation Cost Estimates .--.—.----~--.—.------'9 3.3 Security ....................................... ~------~------.---.---.~----- gas lO C��TsrnA TECH Decommissioning and Reclamation Plan Figure 1. Project Location List of Figures List of Appendices Royal Slope Solar Facility Appendix A. Preliminary Site Plan Appendix B. Retirement and Site Reclamation Cost Estimate Summary and Assumptions NTETRA TECH Decommissioning and Reclamation Plan Acronyms and Abbreviations AC alternating current Applicant Royal Slope Solar LLC 8ESS battery energy storage system bgs below ground surface County Grant County CUP Conditional Use Permit DC direct current GCC Grant County Code kV kilovolt MVV megawatt Plan Decommissioning and Reclamation Plan POI point ofinterconnect Project Royal Slope Solar Facility PV photovoltaic USBR U.5.Bureau ofReclamation TETRA TECH Royal Slope Solar Facility Decommissioning and Reclamation Plan Royal Slope Solar Facility 1.0 INTRODUCTION Royal Slope Solar LLC(AppDcant),asubsidiary of Clearway Energy Group, proposes to construct, operate, and maintain the Royal Slope Solar Facility (Proect,a26O megawat (MW) udUtv-scalesobar energy facility, accessory battery energy storage system (BESS; anticipated 260 MW 4-hour)' supporting accessory components, and acompensatory habitat mitigation area located in unincorporated Grant County, Washington (Figure 1).The Project bproposed within an approximately 3,809.6-acreProject Area boundary, themajority of which is private land (approximately 3,231.8acres) and the remaining area (approximately 577.9acres) isfederal land managed by the U.S. Bureau of Reclamation (USBR).Pmect components proposed on USB� managed land are limited to the accessory transmission components described below. Approximately GGT.lacres ofprivate land inthe northwest portion ofthe Project AreaviUnotbedeveiooedand instead wilt beused for compensatory habitat mitigation. The Project includes an accessory aboveground 230-kitovolt (kV) transmission line thatwilt connect the Project's collector substation to the point of interconnect (POI) at the Bonneville Power Administration Vantage Substation. Two transmission line route alternatives (Transmission Line Corridor Alternative 1 and Transmission Line Corridor Alternative 2) are being considered and both must cross USBR,managedland (see Figure I). The Project isexpectedbeinopenationfor25yearsfromthecommencernentofoperadons.|fthe Project is decommissioned at the end of this period, the Applicant or its successor in interest wilt be responsible for the removal, recycling, or disposal of the solar arrays, inverters, transformers, and other supporting components onthe site, depending upon the proposed future use of the site. The Applicant anticipates using the best available recycling measures atthe future time of decommissioning. 1~1 Existing Use The current Project Area boundaryencompassesa 'mately3,8O9.6acresonorivateondfedera[ land east of WanapumDam inGrant County, Washington (Figure 1).The Project Area and adjacent areas are rural with amixture ofagriculture andshrublands.TheProject Area is zoned as Rural Resources (RRes)and Rural Remote (RRem); the land use designations are the same within the Grant County Comprehensive Plan. 1.2 Planned Use The Project bbeing developed to provide solar photovoltaic (PV) power and an accessory BESS. This Final Decommissioning and Reclamation Plan (Plan) is based on the Preliminary Site Plan design shown onAppendix Aand asdescribed indetail inSection 2.O(Project Descrodon)oftheAppDcant's Conditional Use Permit (CUP) application to Grant County (County). The proposed ProjectvvK\ temporarily disturb approximately 729.3 acres and permanently disturb approximately 1,852.9 acres (fenced area ofthe P ject). A summary of key Projectcomponentsisprovidedbeiovv. NTETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility 1,2.1 Solar Array - Photovoltaic Solar Panels The Preliminary Site Layout shown on Appendix A assumes the Project wilt use First Solar B+FS-648O- P-Bsolar panel modules, each having acapacity of48Owatts; however, the exact model and quantity of PV solar panels wilt be finalized during the detailed engineering phase prior to construction. Approximatety759,708 photovoltaic pane I mod utes wilt be installed on tracker tab tes grouped in blocks. The tracker tables are fixed tothe ground onaracking system that includes pikafoundations, A motor is affixed to a central pite that provides mechanical torque to multiple tracker tables so that the panels can track the movement of the sun. Direct current (DC) electrical power that is collected by the photovoltaic modules is delivered to nearby inverters via underground DC feeder cables. 1.2.2 Inverter Blocks The Preliminary Site Layout shown onAppendix Aassumes the Project wilt use approximately 355 TMBC Solar Ware 840inverters (arranged in skids of 51 and interspersed in the solar arrays; however, the exact model and quantity of inverters and transformers will be finalized during the detailed engineering phase prior to construction. The energy generated by the solar arrays wilt be converted from DC to alternating current (AC) by the inverters. ACelectrical power that isproduced by the inverters wilt be transported to the proposed electric utility interconnect equipment vie a 34.5-kVelecthca\ collection system installed either underground, buried aminimum cf 3feet below grade, oraboveground using the Cambria County Association for the Blind and Handicapped (CAB) cable hanger system, or something similar. 1.2.3 Supporting Accessory Components TheProject's supporting accessory components are described indetail inSection 2.O(Project Description' of the Applicant's CUP application to Grant County and include the BESS, underground electrical collection system, Project collector substation, operations and maintenance facility, new interior service roads, security fencing, gates, lighting, and on -site temporary construction areas including construction taydown yards. It also includes an aboveground 230-kV transmission line and POI atthe Bonneville Power Administration Vantage Substation. 13 Plan Purpose The purpose o[this Plan isLoensure that ifthe Project isdecommissioned, the site reclamation will be accomplished inaway that isenvironmentally sound, safe, and protects public health and safety. Decommissioning is a general. term used to describe a formal process to remove something from active status, whereas reclamation objectives aspire to return the land to some degree of its former state, after some process has resulted in its disturbance. This Plan addresses the applicable requirements of Grant County Code (GCC) Performance and Use Standards for Solar Facilities (Chapter 23.08.357(i)) and wilt be included as part of a required agreement with the County. The GCC requires that as part of a solar energy facility application, the applicant must enter concurrently into a development agreement with Grant County pursuant to GCC 25.28. The purpose of the development agreement for a solar facility is to ensure that the NTETRA TECH 2 Decommissioning and Reclamation Plan Royal Slope Solar Facility decommissioning and reclamation of the site is adequately addressed, pursuant to the provisions of GCC 23.08.357(i). The Applicant will update this plan based on final design and enter into a development agreement with the County per GCC 25.28 prior to the start of Project construction. Future conditions that could affect decommissioning are largely unknown at this time; however, the best available technologies and management practices will be deployed to ensure successful Project decommissioning and site reclamation. 144 Plan Objectives In order to ensure that decommissioning will be completed in a manner that is environmentally sound, safe, and protects public health and safety, the Applicant or its successor in interest will submit a final Plan for Project decommissioning to the County for review and approval before the Project's decommissioning begins. Overall, the final Plan will include a discussion of the following: Proposed decommissioning activities for the Project and all appurtenant facilities that were constructed as part of the Project; The activities necessary to restore the site if the Plan requires removal of equipment and appurtenant facilities; and Decommissioning alternatives that may not be considered as part of this Plan and should be considered at the time of decommissioning. Satisfying the above requirements should serve as a safeguard, even in the unlikely event that the Project is abandoned. L5 Project Decommissioning When the Project reaches the end of its operational life, the Project component parts will be dismantled and recycled. Waste resulting from the decommissioning of the Project will be transported by a certified and licensed contractor and taken to a landfill/recycling facility in accordance with local, state, and federal regulations. Decommissioning and reclamation activities will be in accordance with GCC 23.08.357(i). This Plan addresses the following requirements, listed below. This initial Plan assumes that only minimal grading will be required: • The Project will be disconnected from the utility power grid prior to the start of decommissioning and reclamation activities. • Individual PV panels will be disconnected from the on -site electrical system. i Project components will be dismantled and removed using conventional construction equipment and recycled or disposed of safely. • Non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least 3 feet below ground surface (bgs) will be removed (GCC 23.08,357(1)(3)). o Concrete that is removed from the switchyard will be recycled off -site by a concrete recycler or crushed on -site and used as fill material. NTETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility oPVpanel support steel and support posts will be removed and recycled off -site by an oElectrical interconnection, transmission, and distribution cables will be removed and recycled off -site by an approved recycter. o Electrical and etectnonicdevices, including BESScomponents, inverters, transformers, panels, support structures, lighting fixtures, and their protective shelters, wilt be recycled off -site by an approved recycler. °Fences, graveled areas, and access roads will be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for these elements to oFencing will: be removed and recycled off -site byanapproved metals recyctec ° Individual PVpanels will beunbolted and removed from the support frames and carefuUv packaged for collection and return to a designated recycting facility for recycling and material reuse, in accordance with Revised Code of Washington 70A.510.010 (Photovoltaic Module Stewardship and TekebeckProgem). � Any hazardous materats wiUberemoved and disposed of in accordance with the current ° Soil erosion and sedimentation control measures wilt be reimptemented dUril ng the decommissioning period and until the site is stabilized. Pursuant to GCC23I0.357(i)(9)'any damaged orsobrenergy components are considered aform of toxic, hazardous e-waste that cannot be recycled and wiUbe removed appropriately for safe disposal, by an approved hazardous waste hauter and transported out of Grant County. 1.6 Site Reclamation Rectamationactivides will return the Project site asclose aspossible toapre-construction state, which may aitow for future potential agricultural activities after the P'zct'soperational life. Returning the land toagricultural usewiUentai\(ncreasing the nutrient content topre-construction levetsand aerating the soits through titling. If the land were to be used for another useful purpose, soil stabilization techniques wilt be deployed to ensure topsoit preservation to the extent feasibl.e. Site reclamation activities for the Project site include the foRowing requirements: Gravel roads installed to serve the Project wiUbe removed; fitter fabric wit[ bebundled and disposed of in accordance with applicable regutations. Road areas wilt be backfilted and restored to their naturat contour. Existing wells or pumps will be maintained in ptace. Ditches used for temporary water transport within the site wilt beremoved for implementation ofthe Project. These irrigation NTETRA TECH 4 Decommissioning and Reclamation Plan Royal Slope Solar Facility Reclamation activities will entail one of the following measures: If land is to be used for agriculture, the nutrient content of the soil will be restored to pre - construction concentration levels (if degraded) and the land will be tilled to ensure aeration of soils and proper weed management. If the land is to be converted for another purpose, soil stabilization techniques will be deployed to prevent topsoil erosion. Conversion to a use other than agriculture will need to be consistent with applicable land use regulation in effect at that time. Permits related to reclamation will be obtained where required. During and following decommissioning, the implementation of soil erosion and sedimentation control best management practices outlined in the plans below will reduce the potential for compaction and erosion that could affect vegetation and reclamation efforts. 2.0 DECOMMISSIONING AND RECLAMATION: SCOPE AND TIMING Decommissioning2A Scope of Decommissioning the Project will involve removal of the Project's components as necessary for reuse of the site, including the solar arrays, panel trackers, supports and mounts, inverters and transformers, BESS components, electrical conductors, electrical cables, and substation components; removai of other structures; and the regrading of areas significantly impacted by the removal of components. Roads may be removed or left in place based upon the landowner's anticipated reuse after decommissioning; components left in place will be presented in writing, in which the landowner agrees for these elements to remain per CCC 23.08.357(i)(4). 2.2 Equipment and Materials Removal Equipment and materials removal will include the activities addressed in the following subsections. 2.2.1 Overhead and Management The costs for each construction item are broken down into the components of material, labor, equipment, and overhead. The overhead is included in the appropriate estimate line items summarized in Appendix B. 2.2.2 Disassermbty and Removal of Solar Modules The removal of approximately 759,708 solar modules will be completed by manual labor. The module components will be mechanically disconnected from the solar array, safely lifted and carried with on - site equipment, then transferred to a staging location for off -site recycling. The Project will use silicon - based solar PV modules. The module recycling could include above -grade glass, aluminum, copper interconnectors, and silicon, which can be sent to an approved salvage contractor. It is assumed that the PV modules will be at the end of their useful life for disposal to an approved landfill near the Project. For this decommissioning plan, the salvageable array materials are not included in the cost estimate. NTETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility 2.2.3 Disassembly and Removal of Racking System The tracker racking system consists of approximately 7,143 total trackers mounted on steel piles: 6,486 18-string trackers,, 336 16-string trackers, and 321 14-string trackers. Racking material will be removed with excavators or broken down into manageable units, loaded into trucks, transferred from the Project Area, and possibly sent to an approved recycler or salvage contractor. This includes any rack -mounted cables located above -ground. Racking piles driven into the ground will be disassembled and removed manually in their entirety. These materials can be recycled and/or reused. 2.2.4 Battery Energy Storage System Equipment Removal and Recycling The battery units will be recycled according to the battery manufacturer's recycling program. Support structures and underground conductors will be removed. The demolition debris and dismantled equipment may be cut or broken into pieces that can be safety lifted or carried. Most of the glass and steel will be processed for transportation and delivery to an off -site recycling center. Steel, aluminum, and copper will, be recycled, Any applicable legislation regarding recycling of BESS components will be followed. 2.2.5 Removal of Steel Piles/Posts and Foundations The foundations include steel piles for the racking system and concrete stabs for the mounted inverters, transformers, and supporting electrical equipment such as DC and AC disconnects and AC switchgear. Steel piles will be completely removed by hoisting with a piece of heavy equipment. The specific length Project Area of each pile will be contingent on its designated location within the 0 boundary. Steel components may be segregated and transferred to a staging location for off -site recycling. 1.1.6 Removal of Inverters, Transformers, Battery Energy Storage System Equipment, and Supporting Electrical Equipment The inverters, transformers, supporting electrical equipment such as disconnects and combining 0 panels, and their associated concrete footers will be carefully dismantled and transported to a designated staging area for subsequent offsite disposal or recycling at an approved facility. 2.2.7 Below -Ground Electrical Cables Excavation and Removal Electrical cabling is typically installed underground, installed in aboveground cable trays, or attached to the module racking structure. It is assumed that cabling and conduit will be installed at a minimum depth of 3 feet bgs. Below -ground conduit and cable below 3 feet bgs will remain in place while shallower buried cable and conduit will be removed. Associated electrical cabling will be removed from the conduit, if practical. The remaining conduit will be capped or fitted with a fine construction material. 2.2.8 Access Road Excavation and Removal Within the Project limits, gravel access roads will be removed and restored as part of decommissioning. The access and on -site roads will, be one of the last Project components to be NTETRA TECH 6 Decommissioning and Reclamation Plan Royal Slope Solar Facility removed. The gravel used in the construction of the access roads -will be set aside in stockpiles for potential recycling or reuse. Additionally, the asphalt will be extracted from the Project and subsequently disposed of at a designated facility. Once the processed stone access roads are stripped, the geotextile beneath will be exposed (if applicable). The geotextile will then be removed and disposed of to reveal the original soil surface. Asphalt portions of access routes will be removed and disposed of. The compacted soil beneath the road fill may require ripping with a subsoiler plow to loosen it before it can be revegetated. It is assumed access roads will be removed for the purposes of decommissioning unless otherwise notified by the County prior to commencement of decommissioning activities. 2.2.9 Perimeter Fence Removal The perimeter of the Project will be secured by 6-foot-tall chain link fencing topped with 1-foot of barbed wire. This fencing is primarily composed of galvanized steel with concrete fence posts used as footers. In cases where reuse is not considered practical, the fencing can be removed with excavators, carefully dismantled into manageable units, loaded into trucks, transferred from the Project Area, and possibly sent to an approved recycler or salvage contractor. Gates can be removed as complete units and organized for off -site recycling. 2.1,10 Site Restoration Once any personal property and existing structures of the Project and ancillary facilities have been removed, site restoration activities will take place in compliance with the regulatory framework outlined at the time of decommissioning. The goal of site restoration is to restore the natural topography, vegetative cover, and hydrologic function of the site to a condition as close as possible to that of the site prior to the installation of the Project. 2,2,10,1 Site Recontouring Prior to removal of structures, topsoil will be removed from work areas (to the furthest extent possible) and stockpiled, clearly designated, and separated from other excavated material. Priorto topsoil replacement, rocks 3 inches or larger will be removed from the surface of the subsoil. The topsoil wilt be de -compacted to match the density and consistency of the immediate surrounding area. The topsoil will be replaced to original depth, and original surface contours reestablished, where possible. Rocks 3 inches or larger will be removed from the surface of the topsoil. Any topsoil deficiency and trench settling will be mitigated with additional topsoil (purchased and transported to site or borrowed from elsewhere on site) consistent with the quality of the affected site. Re -contouring of the site will be conducted using standard grading equipment to return the site to a condition as close as possible to that of the site prior to the installation of the Project. Grading activities will be limited to disturbed areas that require re -contouring. Fitts will be compacted to approximately 85 percent relative compaction by wheel or track rolling to avoid over -compaction of the soils. Best management practices will be implemented to provide erosion and sediment control until revegetation efforts have sufficiently stabilized the soil. TETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility 2.2.10.2 Drainage Restoration Conceptual stormwater detention ponds and ditches are considered in the Project's preliminary design; however, the exact drainage and best management practices wit[ befinalized during the detailed engineering phase. An erosion control plan, stormwater management plan, and Stormwater Pollution Prevention Plan will be obtained as part of the final design to prevent excessive erosion during construction and decommissioning. |fponds and traps are developed for the Project, Lheymay be decommissioned as part of the restoration effort. The disposal of any concrete or steel associated with the risers and outfatl pipes may be factored into the cost estimate. Removal of the detention ponds along with regrading and recontouring wilt ensure that pre -construction drainage patterns and release rates can be maintained. 2.2.10~3 Revegetation Disturbed soil surfaces of the Project Area wilt be revegetated with a seed mix agreed upon between the Applicant and landowner and/or with applicable local, state, orfederal agencies such asthe Washington State Department of Agriculture or U.S. Department of Agriculture. These areas will be restored toacondition and forage density similar hzthe original conditionphortotheinstaKadonof the Project. In these areas, restoration will include back -fitting pites and foundations, de -compacting subsoils, leveling, terracing, mulching, and replanting pine seedlings, and other necessary steps to prevent soil erosion, to ensure establishment of suitable grasses and forbs, and to control noxious weeds. If soil compression from equipment use is visually observed, the impacted soil wilt be tilled. 2.2.11 Pubtic Road Repair The decommissioning estimate does not include costs associated with potential damage to public roads. If transportation services requiring the use of public roads are necessary during the decommissioning process, these services will besubcontracted. |nthe event that subcontractors cause damage to public roads as a result of their decommissioning work, the Applicant will be responsible for repairing any such damage through a road use agreement with Grant CountV. 2.2.12 Aboveground Cottection Lines |faboveground 34.54kVcoUectonUnesareusedanddeemednoiongernecessaryatthedmeof Project decommissioning, they will bedismantled and removed. The decommissioning process wilt entail the removal ofaboveground structures associated with the construction ofthe 34.S4kVlines. Aboveground steel components and aluminum materials may besalvaged. 23 Site Reclamation G[[23.0l3S7(i)(5)The property shall berestored toacondition reasonably similar toits condition prior to development of the solar energy facility. Restorotionlrectomotion conditions must comply with the Stormwoter Management Monuo/for Eastern Washington in effect at the time ofreclamation. Reclamation ofthe Project site will betoareasonable approximation o[its original condidonphorto construction, allowing for permanent improvements chosen by the landowners to be lefton-site as detailed in a landowner agreement. The reclamation conditions wilt comply with the Stormwater (* TETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility Management Manual for Eastern Washington in effect at the time of reclamation. The final Decommissioning and Reclamation Plan will contain the measures necessary to fulfil[ the Applicant's reclamation obligations. 2.4 Timing, Exemptions, and Extension GCC 23.08-357(i)(2) Decommissioning/reclomotion of a solar energy facility shall be completed within three (3)yeors of the date thot power production is deemed to have ceased or after the focilityhos ceased to produce power for a period of twelve (12) consecutive months at any time during the life of the facility. The Applicant or any Transferee, as the case may be, will decommission the Project and restore the Project site within 3 years of the date that power production is deemed to have ceased or after the Project has ceased to produce power for a period of 12 consecutive months at any time during the life of the Project, in accordance with GCC 23.08.357(i)(2). 2,5 County Inspections and Reportin4 The County may choose to perform periodic inspections of decommissioning work or perform decommissioning evaluations. If requested by the County, the Applicant will provide monthly status reports until decommissioning work is complete, 3,1 Decommissioning and Reclamation Obligations In accordance with the requirements of the Applicant's development agreement with Grant County, the he Applicant must submit a form of financial assurance to the County to ensure that the costs of decommissioning and reclamation of the site are adequately addressed at the end of the Project's operational life. Section 3.2 provides the initial decommissioning and reclamation cost estimate for the Project, and Section 3.3 describes the specific requirements of the financial assurance. 3.2 Decommissioning and Reclamation Cost Estimates GCC 23.08.357(i)(7) requires all costs associated with the dismantlement, recycling, and safe disposal of Project components and site reclamation activities to be estimated and updated every five years. This is to include: (A) All labor, equipment,, transportation, and disposal costs associated with the removal of all facility components from the facility site; (B) All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roods- (C) All costs associated with reclamation of any primary agricultural soils of the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction; (D) All decommission ing/reclomo tion activity management, site supervision, site safety costs; NTETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility (E) Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and (F) The estimated dote of submission of the Security to Grant County. The initial Decommissioning and Reclamation Cost Estimate is $8,785,900.00 (Appendix B). The Applicant estimates the date of submission of the Security to Grant County to occur prior to the start of Project construction. 33 Security GCC23.08.357(i)(8) Prior to issuance of anygroding or building permits, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall: (A) Name the Board of County Commissioners of Grant County as the sole beneficiary of the letter of credit; (8) Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials. (C) Include an automatic extension provision or "evergreen clause"; and (D) Be "bankruptcy remote, " meaning the Security will be unaffected by the bankruptcy of the solar energy facility operator. (E) Grant County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will provide on assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. (F) Grant County, at its sole discretion, may also approve modified terms and timing of the bond amounts based on the lifecycle stage of the solar energy facility. The Applicant or any Transferee will submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning and reclamation costs required by Grant County to ensure the availability of funds to cover Applicant's decommissioning and reclamation obligations. The Security will be based upon a licensed engineer's estimate of the costs of the Applicant's potential decommissioning and reclamation obligations (Appendix B). The Security will also provide that such estimated costs will be re-evaluated at the conclusion of construction of the Project and every 5 years thereafter from the establishment of the Security (per GCC 23.08.357(i)(7)) to ensure sufficient funds for decommissioning and reclamation and, if deemed appropriate at that time, the amount of the Security will be adjusted accordingly. TETRA TECH 10 Decommissioning and Reclamation Plan NTETRA TECH Royal Slope Solar Facility •t Royal Slope Solar s .1 Figure 1 } i Project Location 1 GRANT COUNTY, WASHINGTON NINE rr Project Area Rnarl ! 1 sw Project Area (Subject to County CUP) Transmission Line Corridor 'Alternative 1 t Transmission Line Corridor 't xJ Alternative 1 Access Road Transmission Line Corridor Alternative 2 f, Mitigation Area Active Mitigation Area +- -- Passive Mitigation Area County Boundary i �'� 3 t •• Highway Local Road I F T Existing Substation: j Existing Transmission Line Jericho 115 kV V p 24 1a-sW Fi,i -"pop230 ='''r kV �� 500 kV G Parcel Ownership LLl ��< ► Bureau of Reclamation .. Washington Dept. of Natural Resources Grant County Private 411 J' 4 + R Q 0.25 0,5 1 a 1 - Wanapum i Miles i NOT FOR CONSTRUCTION ' eftVVA 11o,r;!1v Eillth� kc:! '.; 15-SW Rd �''`� ,r 1. � • .� �' .. � i , I .I � .-r!-_'_'_. _..t je _ S _ ' Decommissioning and Reclamation Plan wit NTETRA TECH Royal Slope Solar Facility -QVE L-I I . . .... SITE —LAYQUT - — ----- - -------- - - - - SHEET NOTES I.Y. SLOPES 1. LOCATIONS SHOW4 ARE FOR GENERAL GUIDANCE ON OF THE SITE ARE NOT DEPICTED AND LOCATIONS MUST BE REVAMP VERIFIED ON SITE BEFORE INSTALLATION. 2, FINAL STRING SIZINCi TO BE CONFIRMED BY ENGINEER-OF41ECORC a. CROSUNG LOCATIONS INDICATE APPROXIMATE ROAD AND DC CROSSINGS AT E)USTING FEATURES, MV COLLECTION CROSS11 iGS P. ARE I BU AFTER MV COLLECTION LAYOUT. ALL CROSSINGS TO BE 428 13m St. FINALIZED BY ENGINEER OF RECORD, 1-4 80of OAU'xi. CA 51402 THIS DmUM&IT is THE PROPERTY Of SYS1010 SPi-CIPICATIOIN VAULE RIVAMP EN410WENING INC. AND SVSTLMSTCDCRATING M�),__ i CONTAM C0114FIDENTIAL INFORMATION ------ . .......... Us RECEIPT 04 Po"Ess "I Does NOT SYSTEM AC RATING AT INVINTRAS (164VAl 2701.3 UN'19f ANY kJaWS TO NEP*Cl0Ut;E. SYSTEM AC RAT" AT PO4 (LOW) 26000 MANUFAC' TORE, UITE. OR SELL A0YTHhG IT OCMC RATIO AT PO) 1.46 NAY DESCASE. NO PART r. TO bf CL MOSID VWT)*CUT WRITTEN " AAAS SION AVERAC* WAC. RATIO At INV9 $I I ER 1135 FROM AEVAW ENOWEE)tING. INC. MOOLILE MODEL fi* FS-6480-P-8 iENGINEER'S ITAWT— WDULI SIC OC RATING (W) 490 MODULE COUNT 7SS708 o MODULES PER STRING STRING COUNT 126618 39-STRTW410 » 6486 iii-STR TRACKERS 336 14-STR TWKER.5 371 INVERTER MODEL FMEICSOLAR WARE M INVERTER kATING (MVAI 0.940 <z �'Qx- INVERTER RATING (MW @ 0.95 PF M 3*1.9Cl 0.761 QUANTITY of INVERTMS 35S QUANT"Y Of SM&W 71 INVIATIAS KAI $910 TRANSFORbAll RATING (TWVM 4.20 i Clearway QUANTITY OF TRANSFORMERS 11 DC SYSTEM VOLTAGE M INTERCONNECTION VOLIACA (RV) m G04416 LINE LENGTH (MILES) OjAion 4 HEICTWXrR 1p BALKING SYSTEM MODULE TRY AZIMU TN Igo, Gcot 032 NIAX DESIGN TELVIRATURE (-Q 37.T MIN DESIGN TEMPERATURE SOURCE CLIENT PROVIDED ry MIN DESIGN TEMP FOR STRING SIZING rC) -16, BUIIEWIE AREA (ACRES) 25% 1864 FENCING LENGTH (t,S.) 101693 0 cy) ROADSiLF.) W 0) w 2 W oi 0 Z v- z n o 0 1 80 00 SYSTEM AC n ul 1- V in PAYING AT J ;5 CO SYSTEM SYC INWEATEM hWLK)LE 57C OUAC Q ) DC RATING tmw a 0L96 PF DC RATING INV RATOAT 00 00 AREA tmw) 37.rC) I IW) Q7y INVIATTA AREA 1 5.18 381 4w 5 1.361 AREA 2 11315-56 9a 96 480 M 1.370 < AREA 3 30.91 22A4 -W 30 1351 AREA 4 1C1090 76.12 480 10D 1326 AREAS 24A9 I9L03 480 25 1.271 AREA 6 15.59 1142 483 is L365 AfiEA7_110L30 7.61 480 3D 1-353 AREA 8 I0.29 7,61 480 10 1-152 F-- Q0 30 L390 AREAS LEGEND PROPERTY BOUNDARY PROPERTY SETEIAC KORA�YING ISSUE FENCE LINE 0210WW23 PREUININARY PROPOSED ROAD 14 1 1113r2O24 —MELqAjjON AREA LAYDOWN is MIlT'l6l-7T2lON AREA UeQAT AC11VE Mfl IGADON AREA 16 9OUNDABY UPONTE ATION AREA PASSIVE MITIG EXISTING ROAD EASTING OVERHEAD ELECTRICAL OVERHEAD ELECTRICAL - - - - - - - - - SETBACK RIGHT OF WAY (ROVE EXCLUSION AREA JDRAWN BY: DB CHECKED MY;NN I PROJECT NO.: 22000 VVEI LANDS r0WAWWffTffCE--- STREAMS OVERALL SITE GATE LAYOUT EMERGENCY EXAT SITE ACCESS X CRObISING LOCATION (SEE NOTE 3) TRANSMSSION STRUCTURE SHADE E200 220W.ROYALSL0 GW0-LAYOfJTS-160LM.rA%G Decommissioning and Reclamation Plan TETRA TECH Royal Slope Solar Facility III q 111111111 11111 A liiiiiiiiij �1,, ... ..... .. TM 1111 FluT U-,p MA EgJ1rngt $umrnAM TETRA TECH, INC. Job Code: Royal Slope Solar Description: Decommissioning Estimate 1 1.00 Lump Sum ROYAL SLOPE SOLAR RETIREMENT 0.00 Detail U.S. Dollar 8,785,900.55 8,785,900.55 1.1 1.00 Lump Sum Equipment & Facilities Mob / Demob 0.00 Detail U.S. Dollar 127,400.00 1271400.00 1.1.1 1.00 Lump Sum Equipment Mob 0.00 Detail U.S. Dollar 121,800.00 121,800.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UtKN i KLU Rental Equip i ransp-Large 12.00 Each U.S. Dollar 10,000.00 120,000.00 UERNTRSM Rental Equip Transp-Small 12.00 Each U.S. Dollar 150.00 1,800.00 1.1.2 1.00 Lump Sum Site Facilities 0.00 Detail U.S. Dollar 5,600.00 5,600.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UOCONMOB Connex Box Mob 8.00 Each U.S. Dollar 300.00 2,400.00 UOTRLTRN Trailer Trnsp/Setup/Trdwn 4.00 Each U.S. Dollar 800.00 3,200.00 1.2 8.00 Month Project Site Support 0.05 Detail U.S. Dollar 67,897.60 543,180.80 1.2.1 8.00 Month Site Facilities 0.00 Detail U.S. Dollar 3,255.00 26,040.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost URCONNEX Connex Box 32.00 Month U.S. Dollar 150.00 4,800.00 UROFFTRL Office Trailer -1 WO 8,00 Month U.S. Dollar 500.00 4,000,00 U01 STAID 1 st Aid Supplies 8.00 Month U.S. Dollar 300.00 2,400.00 UOOFFSUP Office Supplies($/prs/mo) 8.00 Month U.S. Dollar 55.00 440.00 URPRTAJH Part -a -John Unit(s) (4) 48.00 Month U.S. Dollar 300.00 14,400.00 1.2.2 8.00 Month Field Management 0.05 Detail U.S. Dollar 64,642.60 517,140.80 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L90FXX02 Field - Proj Superintendent 1,760.00 1.00 Each (hourly) U.S. Dollar 146.30 257,488.00 RPUTRK05 F-250 4X4 3/4 TON PICKUP 3,520.00 2.00 Each (hourly) U.S. Dollar 11.07 38,948.80 L90FXX03 Field - SHSO 1,760.00 1.00 Each (hourly) U.S. Dollar 125.40 220,704.00 1.3 1.00 Each Substation Retirement 0.03 Detail U.S. Dollar 284,042.30 284,042.30 1.3.1 1.00 Day Fence Removal 1.00 Detail U.S. Dollar 1,405.95 1,405.95 [Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost 1-010101 OPERATOR 10.00 1.00 Each (hourly) U.S. Dollar 60.39 603.90 L060100 GENERAL LABORER 10.00 1.00 Each (hourly) U.S. Dollar 46.97 469.70 RBACKH09 Deere 710J BACKHOE, 1.62CY 10.00 1.00 Each (hourly) U.S. Dollar 33.24 332.35 1.3.2 2.00 Each Transform erRemoval 0.17 Detail U.S. Dollar 102,748.90 205,497.80 1.3.2.1 2.00 Each Oil Removal & Disposal 1.00 Detail U.S. Dollar 66,314.40 132,628.80 2.00 Each 1.3.2.1.1 Oil Removal 1.00 Detail U.S. Dollar 939.40 1,878.80 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost LUbUNU ULNLRAL LABORER 40.00 2.00 Each (hourly) U.S. Dollar 46.97 1,878.80 32,000.00 Gallon Oil Disposal 0.00 Detail U.S. Dollar 4.00 128,000.00 1.3.2.1.2 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USDISPOSAL Disposal Fee's 128,000.00 Each U.S. Dollar 1.00 128,000.00 2.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 2,750.00 1.3.2.1.3 1/28/2025 12:57 PM Copyright ©020 InEight Inc. All Rights Reserved. 1 of 9 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 2,750.00 Each U.S. Dollar 1.00 2,750-00 1.12.2 2.00 Each Dismantle & Loadout Transformer 0.20 Detail U.S. Dollar 361434.50 72,869.00 2,00 Each Dismantle, Cut & Size 0.20 Detail U.S. Dollar 30,934.50 61,869.00 1.3.2.2.1 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 400.00 4.00 Each (hourly) U.S. Dollar 46.97 18,788.00 L010101 OPERATOR 200.00 2.00 Each (hourly) U.S. Dollar 60.39 12,078.00 *REXCAV06A Excav I OOK w/ Bucket & Grapple 100.00 1.00 Each (hourly) U.S. Dollar 124.54 12,453.50 *REXCAV06E Excav 1 OOK w/ Shear 100.00 1.00 Each (hourly) U.S. Dollar 185.50 18,549.50 8.00 Each Trucking - Per Load 9.00 Detail U.S. Dollar 1,375.00 11,000.00 1.3.2.2.2 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 11,000.00 Each U.S. Dollar 1.00 11,000.00 1.3.3 1.00 Each Remove Control Building 2.00 Detail U.S. Dollar 2,534.48 2,534.48 1.3.3.1 1.00 Each Demo 2.00 Detail U.S. Dollar 1,159.48 1,159.48 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 L010101 *REXCAV06A GENERAL LABORER OPERATOR Excav I OOK w/ Bucket & Grapple 5.00 5.00 5.00 1.00 Each (hourly) 1,00 Each (hourly) 1,00 Each (hourly), U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 124.54 234.85 301.95 622.68 ^ r% 1.3.3.22 1 1.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 1,375.00 Resource Code -- Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 1,375.00 Each U.S. Dollar 1.00 1,375.00 1.3.4 1.00 Day UG Utility & Ground Removal . 1.00 Detail U.S. Dollar 1,405.95 1,405.951 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L010101 L060100 RBACKI-109 OPERATOR GENERAL LABORER Deere 71 OJ BACKHOE, 1,62CY 10.00 10.00 10.00 1.00 Each (hourly) 1.00 Each (hourly) 1,00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar 60.39 46.97 33.24 603.90 469.70 332.35 1.3.5 1,000.00 Cubic Yard Remove Foundations,ro Subgrade 73.68 Detail U.S. Dollar 29.66 291655.50 1.3.5.1 1,000.00 Cubic Yard Excavate / Remove Foundation - Various 280.00 Detail U.S. Dollar '16.19 16,187.50 Depth Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost] L060100 1-010101 *REXCAV06C *REXCAV06A GENERAL LABORER OPERATOR Excav I OOK w/ Hammer Excav 1 OOK w/ Bucket & Grapple 35.71 71.43 35.71 35.71 1.00 Each (hourly) 2.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 160.97 124.54 1,677.50 4,313.57 5,748.75 4,447.68 1.3.5.2 1,000.00 Cubic Yard Concrete Transport Offsite 100.00 Detail U.S. Dollar 13.47 13,468.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RDUTRK06 L080940 CAT D350D, 18CY-24CY TEAMSTER 100.00 100.00 1.00 Each (hourly) 1.00 Each (hourly) U,S. Dollar U.S. Dollar 74.29 60.39 7,429.00 61039.00 1.3.6 1 1.00 Each Misc. Material Disposal 0.00 Detail U.S. Dollar 2,675.00 2,675.00 1 1 1.3.6.1 1.00 Each Trucking - Per Load 0.00 Detail U.S, Dollar 1,375.00 1,375.00 1 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 1,375.00 Each U.S. Dollar 1.00 1,375.00 1/28/2025 12:57 PM Copyright @020 InEight Inc. All Rights Reserved. 2 of 9 1.3.6.2 20.00 Ton Disposal Cost 0.00 Detail U.S. Dollar 65.00 1,300.00 Resource Code Description Hours Quantity UM Currency Unit Cost --- - A Total Cost USDISPOSAL Disposal Fee's 1,300.00 Each U.S. Dollar 1.00 1,300.00 1.3.7 1.00 Each Restore Yard 0.19 Detail U.S. Dollar 40,867.63 40,867.63 1.3.7.1 1.60 Acre Remove Aggregate Backfill Regrade 1.60 Detail U.S. Dollar 2,179.90 3,487.84 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 L010101 REXCAV06B *RDOZER08 GENERAL LABORER OPERATOR Gradall - Excavator CAT D6 LGP Dozer 20.00 20.00 10.00 10.00 2.00 Each (hourly) 2.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 75.73 58.34 939.40 1,207.80 757.29 583.35 1.3.7.2 1,290.00 Cubic Yard Vegetative Cover 300.00 Detail U.S. Dollar 27.98 36,099.79 1.3.7.2.1 1,290.00 Cubic Yard Topsoil, Delivered 0.00 Detail U.S. Dollar 20.00 25,800.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost IMSOIL Topsoil 1,290.00 Cubic Yard U.S. Dollar 20.00 25,800.00 1,290.00 Cubic Yard Placement 300.00 Detail U.S. Dollar 7.98 10,299.79 1.3.7.2.2 [ResourceC - ode Description Hours Quantity UM Currency Unit Cost Total Cost L010101 OPERATOR 86.00 2.00 Each (hourly) U.S. Dollar 60.39 5,193.54 RDOZER08 CAT D6N XL 86,00 2.00 Each (hourly) U.S. Dollar 59.38 5,106.25 1.3.7,3 1.60 Acre Re -Seed With Native Vegetation 0.00 Detail U.S. Dollar 800.00 1,280.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USLANDSCAPE Landscape Sub 1.60 Acre U.S. Dollar 800.00 1,280.00 1.4 1.00 Lump Sum Transmission Line Retirement 0.02 Detail U.S. Dollar 316,805.16 316,805.16 1.4.1 30.00 Each Structure Removal 1.00 Detail U.S. Dollar 5,504.10 165,123.00 1.4.1.1 30.00 Each Cut / Lower Structure 2.00 Detail U.S. Dollar 1,963.50 58,905.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 600.00 4.00 Each (hourly) U.S. Dollar 46.97 28,182.00 L010101 OPERATOR 150.00 1.00 Each (hourly) U.S. Dollar 60.39 9,058.50 *RXMISC14 MAN LIFT GAS 125ft 150.00 1.00 Each (hourly) U.S. Dollar 53.52 8,028.00 *RXMISC23 GROVE RT 200 TON 150.00 1.00 Each (hourly) U.S. Dollar 90.91 13,636.50 1 1.4.1.2 30.00 Each Cut/ Size Structure & Loadout 2.00 Detail U.S. Dollar 2,165.60 64,968.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 900.00 6.00 Each (hourly) U.S. Dollar 46.97 42,273.00 L010101 OPERATOR 150.00 1.00 Each (hourly) U.S. Dollar 60.39 9,058.50 *RXMISC23 GROVE RT 200 TON 150.00 1.00 Each (hourly) U.S. Dollar 90.91 13,636.50 1.4.1.3 30.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 11375.00 41,250.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cos USTRUCKING Trucking Sub 41,250.00 Each U.S. Dollar 1.00 41,250.00 Notes: Assume 9 ton per steel structure and cable span 1 1.4.2 30.00 Each Remove Foundations To Subgrade 0.96 Detail U.S. Dollar 5,056.07 151,682.16 1 1.4.2.1 30.00 Each Excavate / Remove Foundation - Various 1.00 Detail U.S. Dollar 5,002.20 150,066.00 Depth 1/28/2025 12:57 PM Copyright @020 InEight Inc. All Rights Reserved. 3 of 9 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 600.00 2.00 Each (hourly) U.S. Dollar 46,97 28,182.00 L010101 OPERATOR 600.00 2.00 Each (hourly) U.S. Dollar 60.39 36,234.00 *REXCAV06C Excav 100K w/ Hammer 300.00 1.00 Each (hourly) U.S. Dollar 160.97 48,289.50 *REXCAV06A Excav 100K w/ Bucket & Grapple 300.00 1.00 Each (hourly) U.S. Dollar 124.54 37,360.50 1.4.2.2 90.00 Cubic Yard Concrete Transport Offsite 75.00 Detail U.S. Dollar 17.96 1,616.16 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RDUTRK06 CAT D350D, 18CY-24CY 12.00 1.00 Each (hourly) U.S. Dollar 74.29 891.48 L080940 TEAMSTER 12.00 1.00 Each (hourly) U.S. Dollar 60.39 724.68 1.5 1.00 Each 0&M Building Removal 0.13 Detail U.S. Dollar 36,013.91 36,013.91 1.5.1 40.00 Ton Structure Demo 10.00 Detail U.S. Dollar 524.75 20,990.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost *REXCAV06A Excav 100K w/ Bucket & Grapple 40.00 1.00 Each (hourly) U.S. Dollar 124.54 4,981.40 *REXCAV06E Excav 100K w/ Shear 40.00 1.00 Each (hourly) U.S. Dollar 185.50 7,419.80 L010101 OPERATOR 80.00 2.00 Each (hourly) U.S. Dollar 60.39 4,831.20 L060100 GENERAL LABORER 80.00 2.00 Each (hourly) U.S. Dollar 46.97 3,757.60 1.5.2 185.00 Cubic Yard Remove Foundations To Subgrade 71.43 Detail U.S. Dollar 37.77 6,986.71 1.5.2.1 185.00 Cubic Yard Excavate / Remove Foundation 4 Various 250.00 Detail U.S. Dollar 18.13 3,354,05 Depth Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 7.40 1.00 Each (hourly) U.S. Dollar 46.97 347.58 1-010101 OPERATOR 14.80 2.00 Each (hourly) U.S. Dollar 60.39 893.77 *REXCAV06C Excav 100K w/ Hammer 7.40 1.00 Each (hourly) U.S, Dollar 160.97 1,191.14 *REXCAV06A Excav 100K w/ Bucket & Grapple 7.40 1.00 Each (hourly) U,S, Dollar 124,54 921.56 1.5.2.2 185.00 Cubic Yard Concrete Transport Offsite 100,00 Detail U.S. Dollar 19.64 3,632.66 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RDUTRK06 CAT D350D, 18GY-24CY 18.50 1.00 Each (hourly) U.S. Dollar 74.29 1,374.37 L080940 TEAMSTER 18.50 1.00 Each (hourly) U.S. Dollar 60.39 1,117.22 L010101 OPERATOR 9.25 0.50 Each (hourly) U.S. Dollar 60.39 558.61 RFELWH09 CAT 966F LOADER, 4,25CY 9.25 0.50 Each (hourly) U.S. Dollar 62.97 582.47 1.5.3 1.00 Lump Sum Remove Stone Base & Parking 1.00 Detail U.S. Dollar 3,912.20 3,912.20 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost *RDOZER08 CAT D6 LGP Dozer 10.00 1.00 Each (hourly) U.S. Dollar 58.34 583.35 L010101 OPERATOR 30.00 3.00 Each (hourly) U.S. Dollar 60.39 1,811.70 RDUTRK06 CAT D350D,18CY-24CY 10.00 1.00 Each (hourly) U.S, Dollar 74.29 742.90 *RFELWH08C CAT 980 LOADER 10.00 1.00 Each (hourly) U.S. Dollar 77.43 774.25 Assume topsoil for restoration available onsite. 1.5.4 3.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 4,125.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 4,125.00 Each U.S. Dollar 1.00 4,125,00 1.6 260.00 MW DC Storage Retirement 2.47 Detail U.S. Dollar 3,126.46 812,878.52 1.6.1 260.00 MW Battery Removal & Disposal 5.00 Detail U.S. Dollar 2,003.80 520,988.80 1.6.1.1 52.00 Day Remove Batteries, Load For Transport 1.00 Detail U.S. Dollar 3,251.10 169,057.20 1/28/202512:57 PM Copyright 0020 InEight Inc. All Rights Reserved. 4 of 9 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 3,120.00 6.00 Each (hourly) U.S. Dollar 46.97 146,546,40 RLIFTS05 JCB 508C, 8,000lbs FRKLFT 1,040.00 2.00 Each (hourly) U.S. Dollar 21.65 22,510.80 1.6.1.2 86.00 Each Transport Batteries 0.00 Detail U.S. Dollar 1,480.60 127,331.60 86.00 Each Roll Off Liners 0.00 Detail U.S. Dollar 105.60 9,081.60 1.6.1.2.1 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCLINER Rolloff Liner 86.00 Each U.S. Dollar 105.60 9,081.60 86.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 1181250.00 1.6.1.2.2 - Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 118,250.00 Each U.S. Dollar 1.00 118,250.00 1.6.1.3 1,123.00 Ton Disposal Fee's 0.00 Detail U.S. Dollar 200.00 2241600.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USDISPOSAL Disposal Fee's 224,600.00 Each U.S. Dollar 1.00 224,600.00 1.6.2 260.00 MW Structure & Components Removal 4.90 Detail U.S. Dollar 1,122.65 291,889.72 1.6.2.1 26.00 Day Refrigerant Recovery 1.00 Detail U.S. Dollar 1,207.80 31,402.80 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L010110 Craft • MEP 520.00 2.00 Each (hourly) U.S. Dollar 60.39 31,402.80 1.6.2.2 853.00 Ton Structure Demo 43.33 Detail U.S. Dollar 121.10 103,295.02 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost *REXCAV06A *REXCAV06E L010101 L060100 Excav 100K w/ Bucket & Grapple 196.85 Excav 100K w/ Shear 196.85 OPERATOR 393.69 GENERAL LABORER 393.69 1.00 Each (hourly) 1.00 .Each (hourly) 2.00 Each (hourly) 2.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar U.S. Dollar 124.54 185.50 60.39 46.97 24,514.24 36,513.98 23,775.08 18,491.73 1.6.2.3 86.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 11375.00 118,250.00 [Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 118,250.00 Each U.S. Dollar 1.00 118,250.00 1.6.2.4 22,750.00 Gallon Glycol Recovery & Disposal 0.00 Detail U.S. Dollar 1.00 22,750.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USLIQUID Liquids T&D 22,750.00 Each U.S. Dollar 1.00 22,750.00 1.6.2.5 546.00 Cubic Yard Remove Foundations To Subgrade 73.68 Detail U.S. Dollar 29.66 16,191.90 546.00 Cubic Yard Excavate / Remove Foundation 280.00 Detail U.S. Dollar 16.19 81838.38 1.6.2.5.1 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL LABORER 19.50 1.00 Each (hourly) U.S. Dollar 46.97 915.92 L010101 OPERATOR 39.00 2.00 Each (hourly) U.S. Dollar 60.39 2,355.21 *REXCAV06C Excav 10QK w/ Hammer 19.50 1.00 Each (hourly) U.S. Dollar 160.97 3,138.82 *REXCAV06A Excav 100K w/ Bucket & Grapple 19.50 1.00 Each (hourly) U.S. Dollar 124.54 2,428.43 546.00. Cubic Yard Concrete Transport Offsite 100.00 Detail U.S. Dollar 13.47 7,353.53 1.6.2.5.2 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RDUTRK06 CAT D350D, 18CY-24CY 54.60 1.00 Each (hourly) U.S. Dollar 74.29 4,056.23 L080940 TEAMSTER 54.60 1.00 Each (hourly) U.S. Dollar 60.39 3,297.29 1/28/202512:57 PM Copyright ©020 InEight Inc. All Rights Reserved. 5 of 9 1.7 1.00 Lump Sum Solar Array Retirement 0.00 Detail U.S. Dollar 8,667,338.45 8,667,338.45 1.7.1 101,693.00 Linear Feet Fence Removal 5,124.80 Detail U.S. Dollar 1.35 137,782.32 1.7.1.1 101,693.00 Linear Feet Fence Removal 5,124.80 Detail U.S. Dollar 1.10 111,657.32 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost 1-010101 L060100 RBACKH09 OPERATOR GENERAL LABORER Deere 710J BACKHOE, 1.62CY 595.30 1,190.60 595.30 3.00 Each (hourly) 6.00 Each (hourly) 3,00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar 60.39 46.97 33.24 351950.13 55,922.42 19,784.77 1.7.1.2 19.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 26,125.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 26,125.00 Each U.S. Dollar 1.00 26,125.00 1.7.2 759,708.00 Each Solar Panel Removal & Transport to First 10,00.0.00 Detail U.S. Dollar 5.45 4,140,920.70 Solar 1.7.2.1 759,708.00 Each Solar Panel Removal 10,000.00 Detail U.S. Dollar 3.17 2,407,400.70 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RLIFTS05 JCB 508C, 8,000lbs FRKLFT 7,597.08 10.00 Each (hourly) U.S. Dollar 21.65 164,438.80 1-010101 OPERATOR 7,597.08 10.00 Each (hourly) U.S. Dollar 60.39 458,787.66 L060100 GENERAL LABORER 37,985.40 50.00 Each (hourly) U.S. Dollar 46.97 1,784,174.24 Notes. ****k**************y*********y************* Assumed production: 20 panels per laborer per hour, Includes packaging and preparing for shipment offsite. **��'*k� h*e*krF****7t�c�t'k'h9e*9rk'A'k**c'kick*�cie�Ck9c�lrk 1.7.2.2 28,892.00 Ton Transport - Per Load 0.00 Detail U.S. Dollar 60.00 1,733,520.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 1,733,520.00 Each U.S. Dollar 1.00 1,733,520.00 Notes. Assumption: 759,708 modules x 76.06 Ibs each 1.7.3 27,133.00 Each Solar Rack (Trackers) & Post Removal 240.00 Detail U.S. Dollar 161.75 4,388,635.44 1.7.3.1 27,133.00 Each Solar Rack (Trackers) & Post Removal 240.00 Detail U.S. Dollar 131.19 3,559,510.44 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost 1-010101 OPERATOR 13,566.50 12.00 Each (hourly) U.S. Dollar 60.39 819,280.94 L060100 GENERAL LABORER 13,566.50 12.00 Each (hourly) U.S. Dollar 46.97 637,218.51 *REXCAV06A Excav 100K w/ Bucket & Grapple 6,783.25 6.00 Each (hourly) U.S. Dollar 124.54 844,752.04 *REXCAV06E Excav 100K w/ Shear 6,783.25 6.00 Each (hourly) U.S. Dollar 185.50 1,258,258.96 Notes; Assumed production:.25 hour per rack per crew. Crew to include 1 excavator w/shear, 1 excavator w/grapple, 2 operators and 2 laborers. Includes post removal and sizing of steel for sale as scrap, and loadout to haul trucks. 1.7.3.2 1 603.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 829,125.00 j Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 829,125.00 Each U.S. Dollar 1.00 829,125.00 Notes: Assumption: 45,000 Ibs per load.1000LB per rack assembly w/ piles 1,8 426.00 Each Inverter / Transformer Removal 5.00 Detail U.S. Dollar 978.57 416,868.69 1.8.1 426.00 Each Disconnect Electrical 10.00 Detail U.S. Dollar 118.43 50,449.05 1/28/202512:57 PM Copyright ©020 InEight Inc. All Rights Reserved. 6 of 9 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L010110 L060100 RPUTRK05 Craft - MEP GENERAL LABORER F-250 4X4 3/4 TON PICKUP 426.00 426.00 426.00 1.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar 60.39 46.97 11.07 25,726.14 20,009.22 4,713.69 1.8.2 426.00 Each Loadout Inverter & Transformer 10.00 Detail U.S. Dollar 172.64 73,544.64 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 1-010101 RHYDCR06 GENERAL LABORER OPERATOR GROVE RT880 73 TON 426.00 426.00 426.00 1.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 65.28 20,009.22 25,726.14 27,809.28 1.8.3 213.00 Each Trucking - Per Load 0.00 Detail U.S. Dollar 1,375.00 292,875.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USTRUCKING Trucking Sub 292,875.00 Each U.S. Dollar 1.00 292,875.00 1.9 609.00 Cubic Yard Remove Inverter / Transformer 73.68 Detail U.S. Dollar 29.66 18,060.20 Foundations 1.9.1 609.00 Cubic Yard Excavate / Remove Foundation 280.00 Detail U.S. Dollar 16.19 9,858.19 [Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 L010101 *REXCAV06C *REXCAV06A ' GENERAL LABORER OPERATOR Excav 100K w/ Hammer Excav 100K w/ Bucket & Grapple 21.75 43.50 21.75 21.75 1.00 Each (hourly) 2.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 160.97 124.54 1,021.60 2,626.97 3,500.99 2,708.64 1.9.2 609.00 Cubic Yard Concrete Transport Offsite 100.00 Detail U.S. Dollar 13.47 8,202.01 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost RDUTRK06 L080940 CAT D350D,18CY-24CY TEAMSTER 60.90 60.90 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar 74.29 60.39 4,524.26 3,677.75 1.10 1.00 Lump Sum UG Cable Removal 0.10 Detail U.S. Dollar 47,314.00 47,314.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost REXCAV04 L010101 CAT 320 EXCAVATOR,1.25CY OPERATOR 400.00 400.00 4.00 Each (hourly) 4.00 Each (hourly) U.S. Dollar U,S. Dollar 57.90 60.39 23,158.00 24,156.00 1.11 1.00 Lump Sum Site Restoration - Partial Site Seeding 0.01 Detail U.S. Dollar 1,166,211.01 1,166,211.01 1.11.1 95,915.00 Linear Feet Site Roads- Removal & Restoration 5,000.00 Detail U.S. Dollar 1.76 169,208.45 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost *RDOZER08 CAT D6 LGP Dozer 767.32 4.00 Each (hourly) U.S. Dollar 58.34 44,761.61 L010101 OPERATOR RDUTRK06 CAT D350D,18GY-24CY *RFELWH08C CAT 980 LOADER Notes: Assume topsoil for restoration available onsite. 1,342.81 7.00 Each (hourly) U.S. Dollar 60.39 81,092.30 383.66 2.00 Each (hourly) U.S. Dollar 74.29 28,502.10 191.83 1.00 Each (hourly) U.S. Dollar 77.43 14,852.44 1.11.2 909.00 Acre Spot Grade Disturbed Areas 16.00 Detail U.S. Dollar 296.81 269,802.56 Resource Code Description Hours Quantity UM Currency Unit Cost Total.Cost *RDOZER08 CAT D6 LGP Dozer 2,272.50 4.00 Each (hourly) U.S. Dollar 58.34 132,566.29 L010101 OPERATOR 2,272.50 4.00 Each (hourly) U.S. Dollar 60.39 137,236.28 Notes: Assumtion: 2,596 acres total property area. Assume that 35% of the area distrubed by construction will be regraded. 1/2812025 12:57 PM Copyright ©020 InEight Inc. All Rights Reserved. 7 of 9 1.11,3 909.00 Acre Re -Seed With Native Vegetation - Roads 0.00 Detail U.S. Dollar 800.00 727,200.00 &Areas Disturbed By Construction I Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USLANDSCAPE Landscape Sub 909.00 Acre U.S, Dollar 800.00 727,200.00 Notes: Assurntion: 2,596 acres total property area. Assume that 35% of the area distrubed by construction will be re -seeded. 1 1.12 1.00 Lump Sum Contractor Markups 0.00 Detail U.S. Dollar 2,580,493.50 2,580,493.50 1 1.12.1 1.00 Lump Sum Home Office, Project Management (5% Of 0.00 Detail U.S, Dollar 621,805.65 621,805.65 Cost) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USMARKUP5 5% Markup 12,436,113.00 Each U.S. Dollar 0.05 621,805.65 1.12.2 1.00 Lump SUM Contractor OH & Fee (15% Of Cost) 0.00 Detail U.S. Dollar 1,958,687.85 1,958,687.85 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost USMARKUP 15% Markup 13,057,919.00 Each U.S. Dollar 0.15 1,958,687.85 1.13 1.00 Lump Sum Scrap Metal Credit 0.00 Detail U.S. Dollar (6,230,706.00) (6,230,706.00) 1.13.1 180.00 Ton Scrap Credit - Substation 0.00 Detail U.S, Dollar (258.00) (46,440.00) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCFERROUS Ferrous Metal Scrap 180.00 Ton U.S., Dollar (258.00) (46,440.00) 1.13.2 270.00 Ton Scrap Credit - T-Line Structures 0.00 Detail U.S. Dollar (258.00) (69,660.00) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCFERROUS Ferrous Metal Scrap 270.00 Ton U.S. Dollar (258.00) (69,660.00) Notes: Assume 9 ton per steel structure and cable span 1.13.3 407.00 Ton Scrap Credit - Fence 0.00 Detail U.S. Dollar (258.00) (105,006.00) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCFERROUS Ferrous Metal Scrap 407.00 Ton U.S. Dollar (258.00) (105,006.00) Notes: Assume 8 lbs per ft fence & posts 1.13.4 8,520.00 Ton Scrap Credit - Inverter / Transformer 0.00 Detail U.S. Dollar (258.00) (21198,160.00) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCFERROUS Ferrous Metal Scrap 8,520.00 Ton U.S. Dollar (258.00) (2,198,160.00) Notes: Assume 20 ton per inverter / transformer 1.13.5 13,567.00 Ton Scrap Credit - Module Rack 0.00 Detail U.S. Dollar (258.00) (3,500,286.00) Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCFERROUS Ferrous Metal Scrap 13,567.00 Ton U.S. Dollar (258.00) (31500,286.00) Notes: Assume 1000 Lbs per rack w/ piles 1.13.6 1,113.00 Ton Scrap Credit- DC Storage Components & 0.00 Detail U.S. Dollar (258.00) (287,154,00) Structures Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost 1/28/2025 12:57 PM Copyright @020 InElght Inc. All Rights Reserved. 8 of 9 UODCFERROUS Ferrous Metal Scrap 1,113.00 Ton U.S. Dollar (258.00) (287,154.00) Notes: Assume 4.28 ton per MW 1.13.7 10.00 Ton Scrap Credit - Cable 0.00 Detail U.S. Dollar (2,400.00) (24,000.00} Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost UODCCOP Copper Scrap 20,000.00 Pound U.S. Dollar (1.20) (24,000.00) Report Total: 8,785,900.55 Category Total Labor 5,059,421.88 Rented Equipment 2,926,419.57 Supplies 11,921.60 Materials 25,800.00 Subcontract 6,964,693.50 Travel-Risk-Adj 22,750.00 ODCs 5,600.00 Other costs (6,230,706.00) 1/28/202512:57 PM Copyright @020 InEight Inc. All Rights Reserved. 9 of 9 EXHIBIT ":D►" FORM OF DECOMMISSIONING SECURITY [SEE ATTACHED FORM OF PARENT GUARANTY] DEVELOPMENT AGREEMENT Page 18 of 19 4928-7222-8261.3 PARENT GUARANTY This Parent Guaranty (the "Guaranty"), dated 2026 (the "Effective Date"), is given and delivered by Clearway Renew LLC, a Delaware limited liability company ("Guarantor"), in favor of Grant County, Washington (the "County") with regard to certain obligations of Royal Slope Solar LLC, a Delaware limited liability company ("Project Company"). Reference is made to (a) that certain Development Agreement by and between Project Company and County and those other parties identified therein dated October 19, 2026 (the "Development Agreement"), and (b) that certain Decommissioning Plan, -dated as of February 2025, detailing the decommissioninlo, obligations of the Project Company at the end of the life of the Project (as defined therein) (and, as may be amended from time to time in accordance with the Development Agreement, the "Decommissioning, Plan"). Guarantor hereby agrees as follows: 1. Guarantor hereby jointly, severally, irrevocably and unconditionally guarantees to the County the performance of all obligations of the Project Company under the Decommissioning Plan, including, but not limited to, performance of all removal, disposal and restoration obligations set forth in the Decommissioning Plan, whether incurred before or after a bankruptcy of Project Company, and whether direct or indirect, primary or secondary, fixed or contingent, now or hereafter arising out of or under the Decommissioning Plan (the ",Obligations") up to 'but not exceeding a total aggregate guaranty amount equal to one hundred fifty percent (150%) of the total Decommissioning Costs (as such term is defined in the Development Agreement) then applicable (the "Guaranty _Cap"), whether incurred before or after a bankruptcy of Project Company, and whether direct or indirect, primary or secondary, fixed or contingent, now or hereafter arising out of or under the Decommissioning Plan. Upon a.failure of the Project Company to perform any obligations Linder the Decommissioning Plan, the Guarantor, upon written demand from the County notifying Guarantor of a failure of the Project Company to perform any obligations under the Decommissioning Plan, agrees to satisfy such obligation or, at Guarantor's sole discretion,. pay to the County a payment equal to any costs incurred by -the County to satisfy the same up to all amount equal to the Guaranty Cap (as defined in the Development Agreement). 2. This Guaranty is a continuing guaranty and shall remain in effect until the earlier of (i) the date that all of the Obligations shall have been indefeasibly paid in. full or performed, (ii) the date on which Guarantor or the Project Company posts alternative security in accordance with the minimum requirements set forth in the Development Agreement, (iii) termination of the Development Agreement, or (iv) [December 31, 2053]. 3. The obligations of Guarantor hereunder shall be joint, several, unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: (a) any extension or renewal with respect to the Obligations or any part thereof or any agreement relating thereto, or with respect to any obligation of any other guarantor, obligor, surety, endorser, accommodating party or any other person liable for any of the Obligations (each, an "Obligor" and collectively, the "Obligors,"), whether (in any such 4912-7852-38133 case) by operation of law or otherwise, or any fail -Lire or omission to enforce any right, power or remedy with respect to the Obligations or any part thereof or any agreement relating thereto, or with respect to any obligation of any other Obligor; (b) any modification or amendment of or supplement to the Development Agreement or Decommissioning Plan, including, without limitation, any such amendment which may increase the scope or cost of the Obligations, with the exception of any modifications or amendments to the Development Agreement or Decommissioning Plan that increase or decrease the amount of the Decommissioning Costs used to calculate the Guaranty Cap, but shall not otherwise release, discharge or affect Guarantor's obligations under this Guaranty; (c) any change in the corporate, partnership, limited liability company or other existence, structure or ownership of Project Company or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Project Company, or any of their respective assets or any resulting release or discharge of any obligation of Project Company; (d) the existence of any claim, setoff or other rights which Guarantor may have at any time against Project Company, County or any other person, whether in connection herewith or in connection with any unrelated transactions; (e) the enforceability or validity of the Obligations or any part thereof or the genuineness, enforceability or validity of any agreement relating thereto, or any other invalidity or unenforceability relating to or against Project Company, for any reason related to the Decommissioning Plan, or the Development Agreement, or any provision of applicable law, decree, order or regulation purporting to prohibit the performance by Project Company, of any of the Obligations or otherwise affecting any term of any of the Obligations; (f) the failure of County to take any steps to preserve any rights to or any performance of the Obligations by Project Company, if any; (g) the election by, or on behalf of County, in any proceeding instituted Linder Chapter 11 of Title 11 of the United States Code (11 U.S.C. 101 et seq.) (or any successor statute, the "Bankruptcy Code"), of the application of Section 1111 (b)(2) of the Bankruptcy Code; (h) any borrowing by Project Company, as debtor -in -possession, under Section 364 of the Bankruptcy Code; (i) the disallowance, under Section 502 of the Bankruptcy Code, of all or any portion of the claims of County for payment or performance of all or any part of the Obligations; or 0) any other act or omission to act or delay of any kind by Project Company or any other person or any other circumstance whatsoever which might, but for the provisions of this Section 3, constitute a legal or equitable discharge of Guarantor's 4912-7852-3813.3 obligations hereunder or otherwise reduce, release, prejudice or extinguish Guarantor's liability under this Guaranty. 4. No term, covenant, agreement or condition of this Guaranty may be terminated, amended or compliance therewith waived (either generally or in a particular instance, retroactively or prospectively) except by an instrument or instruments in writing executed by the Guarantor and the County. 5. The Guarantor agrees to pay within ten (10) business days of receipt of notice, all reasonable documented costs and expenses of the County (including the reasonable documented fees and disbursements of counsel, and including any payment obligations as Guarantor may elect in accordance with Section 1) incurred in connection with enforcement, collection, protection or preservation of any right or claim of the County under this Guaranty (whether through negotiations, legal proceedings or otherwise). - 6. Guarantor represents and warrants to County as of the date of this Guaranty up and until its termination: (a) It is a limited liability company duly and properly formed, validly existing and (to the extent such concept applies to such entity) in good standing under the laws of its jurisdiction of formation and has all requisite authority to conduct its business in each jurisdiction in which its business is conducted. (b) It has the power and authority and legal right to execute and deliver this Guaranty and to perform its obligations hereunder. The execution and delivery by it of this Guaranty and the performance of its obligations hereunder have been duly authorized by proper limited liability company proceedings and this Guaranty constitutes a legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms, except as enforceability may be limited by banluuptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally. (c) Neither the execution and delivery by it of this Guaranty, nor the consummation of the transactions herein contemplated, nor compliance with the provisions hereof will violate (i) any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on such Guarantor, (ii) such Guarantor's governing documents, or (iii) the provisions of any indenture, instrument or agreement to which such Guarantor is a party or is subject, or by which it, or its property, is bound, or conflict with or constitute a default thereunder. No order, consent,, adjudication, approval, license, authorization, or validation of, or filing, recording or registration with, or exemption by, or other action in respect of any governmental or public body or authority, or any subdivision thereof, which has not been obtained by Guarantor, is required to be obtained by Guarantor in connection with the execution and delivery of this Guaranty, the payment and performance by Guarantor of the Obligations or the legality, validity, binding effect or enforceability of the Guaranty. 7. Guarantor hereby absolutely, unconditionally, knowingly, irrevocably and expressly waives, to the fullest extent permitted by law: 4912-7852-3813.3 (a) acceptance hereof, presentment, demand or action on delinquency, protest, and, to the fullest extent permitted by law, any notice not provided for herein or under the Development Agreement, as well as any requirement that at any time any action be taken by any Person against Guarantor, Project Company or any other Person; (b) (i) notice of any accommodations made or extended under the Development Agreement or Decommissioning Plan or the creation or existence of any Obligations; (ii) notice of the performance of the Obligations; (iii) notice of any adverse change in the financial condition of the Project Company of any other fact that might increase Guarantor's risk hereunder; (iv) notice of presentment for payment, demand, protest, and notice thereof as to any instruments among the Development Agreement and Decommissioning Plan; and (v) all other notices (except if such notice is specifically required to be given to Guarantor hereunder or under the other Development Agreement and Decommissioning Plan and demands to which Guarantor might otherwise be entitled); (c) its right, if any, to require the County to institute suit against, or to exhaust any rights and remedies which the County has or may have against, any other Obligors or any third party, and Guarantor further waives any defense arising by reason of any disability or other defense (other than the defense that the Obligations shall have been fully and finally performed and indefeasibly paid in full in cash) of the other Obligors or by reason of the cessation from any cause whatsoever of the liability of other Obligors in respect thereof; (d) (i) any rights to assert against the County any defense (legal or equitable), set-off, counterclaim, or claim which Guarantor may now or at any time hereafter have against any other Obligor or any other party liable to County; (ii) any defense, set-off, counterclaim, or claim, of any kind or nature, arising directly or indirectly from the present or future lack of sufficiency, validity, or enforceability of the Obligations; and (iii) any defense such Guarantor has to performance hereunder, and any right Guarantor has to be exonerated, arising by reason of (1) the impairment or suspension of the County's rights or remedies against any other Obligor; (2) the alteration of the Obligations; (3) any discharge of any other Obligor's obligations to the County by operation of law as a result of the County's intervention or omission; or (4) the acceptance by the County of anything in partial satisfaction .of the Obligations; and (e) any defense arising by reason of or deriving from any claim or defense based upon an election of remedies by the County. 8. Notices, demands, and correspondence to the parties shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated herein. Notice by hand delivery shall be effective upon receipt. If deposited in the mail, notice shall be deemed. delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given: If to the Guarantor: 4912-7852-3813.3 Attn: General Counsel Email: If to the County: Grant County Board of County Commissioners 3 5 C Street NW Ephrata, WA 98823 With a copy to: Grant County Prosecuting Attorney P.J. Box 37 Ephrata, WA 98823 9. No failure on the part of the County to exercise, and. no course of dealing with respect to, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the County of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein are cumulative and are not exclusive of any remedies provided by applicable laws. 10. This Guaranty shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the Guarantor and the Project Company, provided that, unless the Guarantor has received the prior written consent of the County, which consent may be withheld in its sole and absolute discretion, no assignment or transfer by the Guarantor of its rights or obligations hereunder shall relieve the Guarantor of its obligations hereunder. 11. This Guaranty shall be governed by and construed in accordance with the laws of the State of Washington. whenever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. 12. GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE NON- EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF WASHINGTON IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY AND HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF THE COUNTY TO BRING PROCEEDINGS AGAINST GUARANTOR 4912-7852-3 813.3 IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY GUARANTOR AGAINST COUNTY, DIRECTLY OR INDIRECTLY INVOLVING ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS GUARANTY SHALL BE BROUGHT ONLY IN A COURT IN DESCRIBED IN THE FIRST SENTENCE OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS GUARANTY, IN NO EVENT SHALL EITHER. PARTY BE LIABLE TO THE OTHER. PARTY FOR. ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ON ACCOUNT OF LOST PROFITS OR OPPORTUNITIES OR BUSINESS INTERRUPTION AND THE LIKE), WHETHER. BY STATUTE, IN TORT OR UNDER CONTRACT. wORAL, L AGREEMENTS OR. ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR. TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER iw.wswrwweo®iw�srrwiww - wr�iw wer�wwwwwwrreewwewsw WASHINGTON LAW. 4912-7852-3 S 13.3 IN WITNESS WHEREOF, Guarantor has executed this Agreement as of the date first set forth above. GUARANTOR.- CLE ARWAY RENEW LLC, a Delaware limited liability company By:, ------ Name-, hhtt a J, V Its: Vice.resident.- ------ EXHIBIT 46E" ALTERNATIVE DECOMMISSIONING SECURITY REQUIREMENTS I i. Any alternative Decommissioning Security shall, at a minimum: 1. Be in an amount greater than or equal to the Decommissioning Costs set forth in the Decommissioning Plan, as may be amended; 2. Name the Board of County Commissioners of Grant County as the sole beneficiary-, 3. Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials, as applicable-, 4. Be issued by a surety registered with the Washington State Insurance Commissioner or provided by a financial institution authorized to do business in the State of Washington, as applicable-, 5. Include an automatic extension provision or "evergreen clause", which shall not allow for the Decommissioning Security to expire before the completion of the Decommissioning and not cancellable without the written consent of the County, as required; and 6. Be "bankruptcy remote," meaning the Decommissioning Security will be unaffected by a bank-ruptcy, receivership or other insolvency of the Developer. DEVELOPMENT AGREEMENT Page 19 of 19 4928-7222-8261.3