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HomeMy WebLinkAboutPublic Hearing - PlanningGrant County Board Of County Commissioners Please Sign In For The Record PUBLIC HEARING Royal Slope Solar Development Agreement DATE October 19, 2026 TIME 11:30 AM NAME REPRESENTING CONTACT INFO: PHONE/E-MAIL tc, w '�"�c�.w.. ���, y .. 1I Y/ �� .. \ 4m�M. '�Y 4.. C' I �`"i� J t j��a 'gam / > � �'' �{a � iJ' a^ " C 1,e ckio," L C1 rw d. 14 L -7*N. rcO _)fC4 6 Q Cl-e et c(4 T6.9 7 I 1 7 ".0117 r �) D9 - 75-, - 7Vt https:Hgrantcountywa.sharepoint.conVteams/BOCC/Shared Documents/General/Templates/Public Hearings/0 Sign In Sheet, Open Record.docx BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. ;ZU -,OW- 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 25-0-1.78 (CUP) and P 25-0179 (SEPA.), and Authorizing Its Execution. WHEREAS, Revised Code of Washington (R.CW) 36.70B.170 authorizes a county to enter into a development agreement with a person having ownership or control of real property within its jurisdiction, 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 WHERE -AS, R:CW 36.70B.200 -provides that a county shall only approve a development 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, a Delaware limited liability company ("Developer's), 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 SysWin on approximately 2,360 acres, Grant County File Nos. P 25-0178 (CUP) and P 25-0179 (SEP.A) (the ``P:roject '11 ); and WHEREAS, Justin'Brown, MB Brown Farms, L1,C, aWashington limited 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 19, 2026, the Grant County Rearing Exarniner approved Conditional Use Permit P 25-01.78 and affirmed the SEPA Mitigated Determination of Non -Significance (MDNS) issued under File No. P 25-0179, subject to conditions of approval., including a requirement that the Owner and, Developer enter into a development agreement 'with the County be -fore mechanical permits are 'issued for the'Proi ect (the "*Decision'-")., and WHEREAS, on or around July 30, 2026, the Grant County Public Works Department approved Public Works Department File Nos. 29-090-C, 29-091-C, 29-092-C, and 29-093-C authotizin(y the Developer's -use of County right-of-way for the Project (the '*'ROW Permits"); tl> 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 therein; waives the setback Grant County Board of County Commissioners Royal slope Solar Development Agreement 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 Linder Chapter 36.70A RCW, and is in accordance with the ordinances required by RCW 36.70B.170(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, Washington, by the following vote, then signed by its membership and attested to by its Clerk in .1 authorization of such, passage this day off 2026. DATED this day of ke- /C h-e.,V 2026. Yea Nay ATTEST: Caitlin E. Manell 0 Clerk of the Board BOARD OF COUNTY COMMISSIONERS Abstain GRANT COUNTY, WASHINGTON 01 Kevin R. Burgess, .hair Rob i hair (�iendv C-ter, Member' w 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 %-W 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 1/ 9 1�oI4.0 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 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. 5. Incorporation of Right 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 undertaken. (e) Deconimissioning 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. Ri& hl of EW�r . Solely for the purpose of the implementation of this Development ,y Agreement and for the purpose of performing the Decommissioning under the terms of this Development Agrees-nent, 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 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 (30) 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 H-4 are hereby specifically incorporated herein. 12. Project is a Private Undertakes. 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. ' IndernaLty. 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, suits, liability, loss, costs, expenses, and damages of any nature whatsoever ("Claims") that are 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. Assi2lnment. 'Developer shall not be pen-nitted 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 assigm-nent. 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 ten-ns 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 -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 I-t kekn. =Wggmoent 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 truthfalness, accuracy, or validity of that document, STATE OF CALIFORNIA COIJNTY OF alk hT F IV� NTC 1K, 0 On October. 1. before me, e a otary P-ablic, personally appeared lohn Woad, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sWoscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatum(s) on the instrument the person(s), or the entity upon b.ehatf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cali fomia that the foregoing paragraph is tnie and correct. WITNESS hand and official seat, S. KEY COMM, #2453572 NOTARY PUBLIC a. Stsr4. -CALIFORNIA SAN FRANCISCO COUNTY il�� My Comm, Expires July 17, 2027 [Notarial Seal] s 40r VVeOl #2 • low NOTAR M low v.0 �.� C ro - MB BROWN FARMS, LLC, a Washington 4• 71 15� e o ��LC limited liability company .1 0,- —22o, OA WA�\\�\74� " f/jIfItI110 By: Na e"0.- k 41in 3kn6E4 Its: State of ) WCtG�Yn-LIJI \j — )Ss. County of C-I CAJJ 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 I and voluntary act of the limited liability company for the uses and purposes mentioned in this instrument. Dated: Notary name printed or typed. - 'Notary Public in and for the State of: WA - Residing ably ose4� Ai wA My appointment expires: t 1- ? DEVELOPMENT AGREEMENT Page 12 of 19 4 9 2 8 - 722 2122 - 8 22 6 1.3 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 passages this 4�1tt day of i(e 2026.4. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Kevin Burgess, C4ai�. ATTE 71 Caitlin E. Martell Clerk of the Board Approved as Brandon emsev WSB No.4---tV' Pros e t � Attorney D 'e 10�912oz� DEVELOPMENT AGREEMENT Page 14 of 19 4 9 2 8 - 7 -2-2 - 8 2 6 1. 3) 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 Pro -forma 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; 15024.6001; 150247000; 150248000; 150248001; 150361000. Transmission line corridor (5 parcels): 210544000; 210546000; 210552000; 210562000; 210563000. Page 1 of 7 Parcel 150231000 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 150232000 Proforma reference: Exhibit A-2, Tract E; File No. FN-45005-WA-5. Fee owner (as stated in pro►forma): 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, VVashington. 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. Parcel150234000 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 150234001 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 "B5J 1 " 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 30058'06" East, 250 feet; thence South 59001'54" East, a distance of 113 feet thence South 30'58'06" West, a distance of 40 feet; thence South 59'01'54" East, a distance of 40 feet; thence North 30'58'06" East, a distance of 40 feet; thence South 59001'54" East, a distance of 47 feet; thence South 67'09'56" East, a distance of 200 feet; thence South 01'14'55" West, a distance of 24.38 feet to the True Point of Beginning. Parcel 160246001 Proforma reference: Exhibit A-2, Tract 1, Parcel 2; 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 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, according to the plat thereof filed September 18, 1956 AND EXCEPT that portion of the Northwest quarter of the Southeast quarter of Section 012, Township 16 North, Range 23 E.W.M., lying within the 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 01014'55" West, a distance of 75.64 feet; thence South 69'39'46" 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 45'1640" West, a distance of 200 feet; thence South 37'07'38" West, a distance of 200 feet; thence South 28'59'36" West, a distance of 200 feet; thence South 23054'23" West, a distance of 50.21 'feet to the intersection of the West line of the East half of Section 12; thence North 01 °0614" 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 "B5J 1 " as projected along said bearing; thence North 64'20'00" 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 30'58'06" East, 250 feet; thence South 59'01'54" East, a distance of 113 feet thence South 30'58'06" West, a distance of 40 feet; thence South 59'01'54" East, a distance of 40 feet; thence North 30'58'06" East, a distance of 40 feet; thence South 59001'54" East, a distance of 47 feet; thence South 67009'56" East, a distance of 200 feet; thence South 01 014'55" West, a distance of 24.38 feet to the True Point of Beginning. Parcel 150247000 Proforma reference: Exhibit A-2, Tract J; File No. FN-45005-WA-24. Fee owner (as stated in pro -forma): MB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Northwest quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington. Parcel 150248000 Proforma reference: Exhibit A-2, Tract 0; File No. FN-45005-WA-32. Fee owner (as stated in proforma): IVIB BROWN FARMS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Legal description: The Southwest quarter of Section 12, Township 16 North, Range 23 E.W.M., Grant County, Washington, EXCEPTING THEREFROM any portion lying within any Farm Units. Page 5 of 7 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 Pro -forma reference: Exhibit A-2, Tract M, Parcel 2; 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 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 EXHIBIT "B" HEARING EXAMINER. DECISION [SEE ATTACHED] DEVELOPMENT AGREEMENT Page 16 of 19 4928-7222-8261.3 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 Reclamation'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 106. consultation 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 jurisdiction under GCC Title 23 and Title 24. Consistent with WA. C 197-11-158(4), Grant County defers to the -federal Section 106. process for the transmission line component on Reclarnation-manaqed lands and conditions project approval on compliance with its outcomes (MMIS Conditions G-1 and G-2). Florio District: Grant County Fire District No. 10 (GCFD-1 0) Lead Agency Grant County Development Services (SEPA): Responsible Director, Grant County Development Services Official (SEPA): SEPA Threshold Mitigated Determination of Nonsignificance (MDNS) issued- July 16,, 20264 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, 3.5 C St NW, Ephrata, INA 98823 (and via published remote -participation link) Report Prepared Jim Anderson -Cook, 'Director, Grant County Development Services; (509) 754- By: 2011, ext. 2522, jcook@grantcountywa.gov Report Date: August 7, 2026 Based on their review of the application materials and.rei-nainder ofthe file of record, the Grant County Development Services made the following reconnnendations: 1.1. Confirmation of SEPA MDNS (File P 25-0179). The Hearhig Examiner should affirm that the SEPA Mitigated Deterurination.of Nonsignificance issued July 16, 2026, satisfies the County-'s environmental review obligations under Chapter 43.21C RCW, Chapter 197-11 WAC, and GCC Chapter 24.04, and that federal envirotunental review of the transmission line component on Reclamation -managed lands has proceeded under Bureau of Reclamation Final Enviro-nmental Assessment CPN-EA-2024-01 (June 2026) and its associated Finding of No Significant Itnpact; and P25-0178 Royal Slope Solar CUP Page 2 of 47 2.4. 1. Site preparation and civil construction are anticipated to begin folloviing execution of the Development Agreement under GCC Chapter 25.28 and issuance of grading., building, ng, mechanical, fiTe marshal const.niction, and access pennits, and after satisfaction of the pre -ground -disturbance submittal schedule consolidated in MDNS Condition 14, Conamercial operation is anticipated consistent with the Applicant's Constniction Schedule on file in the Master Application. 3. S etti ng 3.1. Zoning and Comprehensive Plan Designation 3.1.1. All pfivate-lan d parcels are zoned Rural Resources (RRes) with a portion in Rural Remote (RRem) 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 .Rem disfxicts under GCC 23.08.357 and GCC Chapter 2-1,04. 3.2. Surrounding Land Use 3.2.1. Sw-rotmdffig Imid use is predominantly agr'cultural (irrigated and &yland resource i lands) with rural residential dwellings, Bureau of Reel amall" on -managed federal lands to the east and south, and open slu-ubsteppe. The Project is located in a lour -population rural setting approximately 4 miles south of Royal City. 3.3. ATatural Environment 3.3.1.1. Site vegetation is a tnix of disturbed shrubsteppe, inigated qcrricultuxe and non-native grasslands. NMFW-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-one V�FW Region 2). Wetlands and other critical areas are addressed in the Applicant's environmental record and in MDNS Sect -ion A (Conditions A -I tfu-ough A- 13) and MD NS Section B (Habitat Mitigation and Species Protection.). 3.4. Public Infiwstructure 3.4.1. The Project talces, access ftom established County roads via approved road - approach permits and a Road Use Agreement addressed in MD NS Section F. Fire response is coordinated with the applicable Grant County Fire District Linder MDNS Section F, including the BESS 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 Clem ingho-use and Joint Base Lewis -Me Nord - Yakima Training Center (JBLM-YT) has been completed of record and is documented in MD NS Condition E-10,, FAA 14 CFR Part 77 screening documentation is required wider NONE 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 (P-25-o1.78) was accepted and reviewed as complete by Grant County Development Services. The record includes the ku* fial CUP P25-0178 Royal Slope Solar CUP Page 4 of 47 record to the Wanaptun and of Priest Rapids addresses the Saddle Mountains Traditional Cultural Property and is addressed by MD Condition H-2B. 4.3.1.2. Amelia Stangeris affiliated only with -the Confederated Tribes of the Colville Reseryation., 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 ..eport 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 communication from the Wanapum Band of Priest Rapids and is property attributed to that Tribal govemment (signatory name as it appears in the record); it is not signed by Ms. Stanger. Staff placed a further written. clarification in the record if either Tribal govaffnnent identifies any remaining correction required. Nothing in -this footnote alters the scope of MD NS Conditions H-2A (TCR-identified precontact archaeological sites GR04692 and GR04693) or H-2B ( fanapum- identified Saddle Mountains Traditional Cultural Property-), both of which axe enforceable as issued. 4.3.1.3. Confederated Tribes and Bands of the al .a Nation - Cultural Resources Program (YNCR-P). Invited -under 36 CFR.. § 800.2(c)(2)(ii). The consultation record includes YNCRP letters dated January 4, 2024 (Ex. 5.5):, Januany, 9, 2024 (:fix. 5.6); November 3, 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 (:fix. 5.10, Jessica Lally, Lead Archaeotogist,,,, YNCRP, to Grant County); and June 26, 2026 (Ex. 5.11, Gregg Kiona, Interim Program Manager, YNCR-P). The Ame 16, 2026, letter (Ex. 5. 10) confumis that the west and north Traditional Cultural Property (TC.P) sensitivities identified in the April 21, 2026, letter to Reclamation are conditi.onally resolved through the 40-meter Tribal exclusion -zone IMZ transmitted to YNCRP 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 K'ey Observation Point (KOP) 36A, states that, "[s]trategies to alleviate impact via project redesign are unlikely," and formally requests execution of a Memorandum of Agreement under 36 CFI § 800.14(b) to resolve the KOP 36A impact through the federal Section 106 process. The June 26, 2026, YNCRP letter (Ex. 5.U) confinns "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- I (Section 106 / Programmatic MOA pathway - Private Lands; KOP 36A) and MDNS Condition H-3 (Visual Impact Mitigation Plan - KOP 36A) and coordinated by the addition of a new sub - provision. H-3(f). 4.3.1.4. Wanapum Band of Pries't Rapids -:heritage Center I Interface Office. Invited under 36 CFR. § 800.3(f (3). No comments received during the comment period. P25-0178 Royal Slope Solar CUP Page 6 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).(2) 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 RC Chapter 84.34 on affected parcels; reflected in Supplemental Condition 3-7 (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 comment letter dated October 30, 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 (Januat-V 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 BESS 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 permits, 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 scopingor, the Notice of Application, and the SEPA MDNS comment period (July t6, 2026 - July 30, 2026) have been logged and are addressed in the SEPA record and, where 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 CFR § 800.2(c)(2)(ii) and Wanapum Bmid of Priest Rapids invited under 36 CFR § i. 900-3((.' )). The consultation record supports the mitigation conditions in MDNS Section iH . .0ncluding -2 -2A (CTCR sites GR04692/GRO4693), H-2B (Wanapum Saddle H H z:> Mountains TCP), and H-3 (Visual Impact Mitigation Plan for KOP 36A). 6.4. Finding 4 - Federal Nexus (Partial) and NE PAYSEPA Coordination. The transmission line con potient crosses lands administered by the U.S. Bureau of Reclamation and is addressed by Reclamation Final EA CPN-EA-2024-01 (June 2026), Action Alternative 2. Consistent with 'SAC 197-11-158(4) and WAC 197-11-610, Grant County adopts by reference the Reel& -nation Final EN 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-1 and G-2. 6.5. F inding 5 - Reliance on Compliance Review. As detailed in the Grant County Amended ComplianceReview dated Apffl 10, 2026 and the Grant County Complimice Revie-5'v' 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 further conditioned by the Recommended Conditions of Approval in Part 9 below, complies or will comply with each element of GCC 23.08.357 (Solar Energy Facilities Special Use Standards) and With the correspond' provisions of G-CC Chapter M9 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 e land and a fenced solar and BESS facility footprint of approximately 1,732 acres in Sections 1, 2, 3, 4, 12, and 14 of Towns 16 North, Range 23 East, W.M. This differs from the pie-First-Addendtun 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 3,800 acres distributed across Sections 01, 02, 03, 10, 11, and 12 of Township 16 North, 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-, 1k -ta,4 I ko 6.6. 1. (a) location on a zoning istnet in which the use is authorized as a conditional use (RRes and RRem),- 6.6.2. (h) site slope, setback, and screening stmidards under 23.08.357(a)-(e), as confirmed by the Grant County Compliance Review dated June 17, 2026 (Parts I through 4) with respeetto the 7 percent average slope standard (MDNS Condition E- 1); 6.6.3. (c) fencing, glare --abatement, deconunissioning, and financial-secufity requirements under 23.08.3 57(t)-(h), addressed by MDNS Conditions B-1 (fen.chig), P25-0178 Royal Slope Solar CUP Page 10 of 47 '52.02 acre.- the record reflects a rounded 366,60-acre eaccount" �,Y figu ( for r in 1. additional buffer, edgeµeffect, and site -specific WDFW-recommended adjustments in the Habitat litigation Plan), that figure, controls consistent with the VVDFW Final Concurrence Letter of April 24, 2026. .1 o. Finding 10 - Fire, BES S Life -Safety, and DOD/TAA. The BESS component is subject to NFPA 855 (with a project -specific Hazard Mitigation Analysis under 4.1.4), IFC Chapter 12, UL 9540 and IL 9540A documentation., and site -specific coordinat'1011 with the applicable Grant County Fire District, all implemented tluough MDNS Section R U.S. Army'Yakima Tratnmg Center no -objection correspondence (E-. 5,25, Marl< 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. Permittingr Improvement Steerinv, Council coordination chain; U.S. Department of Defense Siting lemon Ouse review and Federal Aviation Acbmim"stration 14 CFR Part 77 screening are w-iticipated to be complete of record prior to tho open -record bearing before the Hearing Examiner. As confirmed in the record before or at the hearing, the Hearing Exminer deems the substantive DOD -siting and FAA aviation -safety requirements SATISFIED and hereby WAIVES MDNS Conditions E-10 (DOD/Army/FAA coordination), E-14 (FAA notification), and I-t (Item.1-1 (documentation of FAA 14 CFI Part 77 notification(s) and determinations) as pre -permit fil* conditions, retaining Grant County's authority U19 under WAC 197-11..625 to incorporate by admu*u'strafive addendum any DOD- or FAA - imposed additional glare-retated or aviation -safety condition issued after the hearing, with Condition E-8 (Glare Reopener) remaining ffillyin effect. The DOD Siting Cleminghouse or FAA Part 77 record is complete, therefore Conditions E-1 051 E-1 4, and 1-1 (Item 1- 18) set are hereby WAIVED. The full record and legal basis for the recommended waiver are set forth below. 7. SEPA 7.1. A. SEPA MDNS for File P 25-0048 was issued on July 16, 2026, under WAC 197-11-3 50 and GCC 24.04.120. The Mitigation Conditions imposed under the MDNS are orgam`zed 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 Hazaxdous Materials 7.1.4. Section D - Decommissioning, Financial Seeunfty� and Development Agreement 7.1.5. See-tion E - Site Design - Slopes, Heights, Setbacks, Glare, and Lighting 7.1.6. -Section F - Public Infrastruettue,, Fire, Recreation, and Emergency Response 7.1.7. Section G - Cultural Resources 7.1.8. Section H - Inadvertent Discovery of Human Remains 7.1.9. Section I - Plans Required Prior to First Growed Disturbance or Building Permit %.4 P25-0178 Royal Slope Solar CUP Page 12 of 47 1.1 Staff Report 8/5/2026 1.2 Overall Site Layout 3118/2026 4/10/2026 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 NIDNS (Paper) 7/16/2026 1.7 Pre -application Summary 2/15/2024 1.8 Grant County Compliance Review 4/1012026 1.9 Grant County Compliance Review (June 17, 2026 - 2nd Addendum) 611712026 1A 0 Grant County Executive Briefing (BOR, DAHP, YNCRP) 612212026 1.11 Grant County Executive Briefing (CTCR) 6/22/2026 1.12 Grant County Executive Briefing (Wanapurn) 6/2212026 1.13 Grant County comments on NHPA Section 106 consultation (80R) 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 5/8/2026 518/2026 P25-0178 Royal Slope Solar CUP Page 14 of 47 5.3 CTCR Comment Letter 7/15/2026 7/15/2026 5.4 Spokane Tribe of Indians Comment Letter 10/7/2025 10/7/2025 5.5 YNCRP Comment Letter (1-4-2024) 114/2024 114/2024 5.5 YNCRP Comment Letter (1-9-2024) 119/2024 1/9/2024 5.7 YNCRP Comment Letter 11/312025 11i3/2025 5.8 YNCRP Comment Letter 412112026 6/1612026 5x9 YNCRP Comment Letter 4/25/2026 6/16/2026 5.1+0 YNCRP Comment Letter (6_16-2026) 6/16/2026 6/1612026 5.11 YNCRP Comment Letter (6-26-2026) 6/26/2026 6/26/2026 5.12 Ecology Comment Letter 10/3112025 10/31 /2025 5A 3 Ecology Comment Letter 3/5/2026 3/5/2026 5.14 Ecology Comment Letter 7/29/2026 7/29/2026 5.15 WDFW Comment Leger - Region 2 11/3/2025 11/3/2025 5.16 VVDFW Comment Letter - Region 2 316/2026 316/2026 5.17 WDFW Comment Letter - Region 2 3/16/2026 3/16/2026 5.18 WDFW Final Concurrence Letter and H IP 4-24-2026 4/24/2026 4124/2026 5.19 GCPW Comment Letter 10/30/2025 10/30/2025 5.20 GC Assessor Comment Letter 10/612025 10/612025 P25-0178 Royal. Slope Solar CUP Page 16 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 Nonsignificance is supported by the enviromnental record before the Lead Agency and, with implementation of the Mitigation Conditions in MDNS Sections A tlu-ougji 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 the transmission line component on Reclamation - managed lands has proceeded under Bureau of Reclamation Final Environmental Assessment CPN-EA-2024-Ot (June 2026) and its associated Finding of No Significant Impact,V adoption by reference under WAC 197-11-610 is appropriate for. the federal - lands segment. 1.6. The Project, as conditioned by the SEPA Mitigation Conditions inTNADNS 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 GCC 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 sigrdficant adverse environmental impact and preparation of an Envirotiment-al Impact Statement is not required. 1.9. MD NS Conditions G-1 and G-2 apply exclusively to the Reclamation -managed transmission corridor and are issued under'WAC 197-11-158(4); their implementation is committed to and enforced by the federal Section 106 process, and any executed Memorandwn 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 cultural resource information is preserved under Section 304 of the National Historic Preservation Act (54 U.S.C. § 307103); 36 CPS. § 800. H (e):� and RC-W 42.5 6.3 00; no such 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 Nonsignificance issued July 1615 2026, satisfies the County-s environmental review obligations under Chapter 43.21C RCW, 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 Envixonmental Assessment CPN-EA-2024-01 (June 2026) and its associated Finding of No Significant Impact. Finally, the Hearing Examiner P25-0178 Royal Slope Solar CUP Page 18 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 (BMWs) for erosion and sediment Control, as identified in the SWMA/fEW 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 from 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 hiflict upon adjacent lands any smoke, dUSt, glue, dirt, steam, vibration, noise, electrical interference i hazards or other pollution in excess of applicable ,,, excessive 31 local, state, or federal standards, including but not I imited to Grant County Code, Washington State air quality regulations (Chapter 173-400 IYAQ, 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 9 'shall be prepared and implemented, identifying all fugitive dust sources and specifyinc, control measures such as application of water by water trucks, treating or stabilizing unpaved ha -al roads., llmiting,, vehicle speeds, and covering or stabilizing stockpiles as necessary to minimize dust migration to adjacent properties and public roads,. Rtm*ng of trash, construction debris, or vegetation is prohibited during any phase of construction, operation, or decommissioning., consistent with Final EAAppendix C, Section 2.b. 2.1.7. A-7. Prior to commencing construction of the solar generation 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 stonnwater facilities for the operational life of the solar facility and through decomnu'ssioning. 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 minimize impacts to natural drainage patterns, including scheduling work during P25-0178 Royal Slope Solar CUP Page 20 of 47 3. 1. 1. B-1. Prior to 'issuance of any grading., tnechanical, or building permits, the Applicant shall finalize the, Habitat Mitigation Plan (HMP) to the satisfaction of the Ing* Administrative Official, incorporating all WDFW-identified deficiencies, includ* (a) wildlife -friendly fencing per WDFW Best Management Practices (no barbed wire at ground level, semi -permeable mesh with minimum 4frx4f( openings, bottom of fence raised to allow small animal passage); (b) inclusion of Desert P stri ed whipsnake (Masticophis taeniatus) and Northern sagebmsh lizard (Sceloporus graclosus) as focal species with specific minimization measures; (e) PHS-consistent habitat terminology replacing NLCD classifications; (d) 5-year periodic monitoring intervals with reporting to Grant County and WDFW; and (e) enhanced construction BMPs per VVDFW recommendations. The HMP sball be developed and implemented. consistent With Final EA Appendix C, Section 12.a, including coordination with Reclamation and WDFW on compensatory mitigation for any residual unavoidable 'impacts to Priority Habitats and Species SG. esi 3.1.2. B-2. Pn'or to issuance of any grading, mechanical, or building permits, the Applicant shall obtain written approval from WDFW of the final Habitat Nfitigation Plan, or the, County shall condition grading/building/mechanical permit issuance on receipt of DPW Written concurrence, per GCC 24.0 8.3 60. 3.1.3. B-3. The final Habitat Mitigation Plan shall explicitly demonstrate compliance with GCC 24-08.3 40 Table 5 shrub steppe mitigation ratios by habitat classific ation. (Core, GOA, Corridor, Other), mapping all proposed mitigation areas to the applicable ratios and confu-ming that conservation areas meet or exceed the required ratios for the classification of habitat being 'Impacted. 3.1.4. B-4. The Applicant shall provide mapping demonstrating that 300-foot Habitat Conservation Area buffers required by GCC 24.08.320 are maintained for all identified HCAs or shall provide justification. foranybuffer reduction consistent with the procedures in GCC 24.08.320. 3,1.5. B-5. (Avian -safe tranamission design) All tansmission and sub -transmission towers, poles, and conductors shall. be designed in accordance With the most current edition of Reducing Avian Collisions with Power Lines: The State of the Art in 2012 (APLIC 2012) and Suggested Practices for Avian Protection on Power Lines (APLIC 2006, as updated). The transmission line designs shall meet APLIC avian - safety recommendations for large birds (minim- n 60 inches of horizontal separation and 40 inches of vertical separation). Shield wires, support wires, and conductors shall be outfitted with bird flight diverters, markers, or reflectors at i^to A intervals sufficient to mim*mize 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. 3.1.6. B-6. (Pre -construction biological clearance) The Applicant shall perfonn pre - construction biolo 91ical clearance surveys at all activity areas to detect special -status Is species, specifically including nesting migratory birds protected under the Migratory I I" Bird Treaty Act, monarch butterfly reproduction habitat, desert striped whipsnake occurrences, and ferruginous hawk (Buteo regahs) nesting activity. If surveys detect P25-0178 Royal Slope Solar CUP Page 22 of 47 days documenting date, time, location, and circumstances. Any federally flu-catened or endangered species found dead or injured shall be turned over innnediately to USFWS or its designee for care, analysis, or disposition (Final EA Appendix C, Section 12.dd---ee),. 3.1.1.1. B-11. (Noxious weed control) The Applicant shall develop and implement 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 certified 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 only by applicators licensed by the Washington State Departnient of Agriculture; aquatic -safe products in wetted or riparian areas; post-coristructiorl adaptive morntoring'- and immediate eradicafton of new infestations. Pesticide Use Proposals (PUPs) shall be submitted to and approved by Reclamation prior to herbicide application on Reclamation land. 4. Condition C - Construction Best jllfanagenwnt Practices, Hours, and Hazardous Materials 4.1. Conditions C-1 and C-2 incorporate WDFW-recommended construction phase measures per GCC 23.08.357(h)(1) and 24.08.340. Conditions C-3 through C-6 address -44 16 construe clon-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 address Worker Environtneatal Awareness Program (WEAP) training and paleontological resources protections. 4.1.1. C-1. Biological monitors shall be present during all ground -disturbing construction activities within the desert Ad ed wbi snake active season(February 1P IP tin-ough November) and songbird nesting season (February through July). If ferruginous hawks (FEHA) are observed during pre -construction surveys, a FEHA t_� nesting assessment shall be conducted, and appropriate spatial and temporal buff-ers shall be implemented per VVDFW guidelines. 4.1.2. C-2. The revegetation plan shall include., (a) sagebrush plugs in addition to seeding; (b) Spiny hopsage (Grayia spinosa) in the seed mix; (c) brush salvage and relocation for temporary wildlife cover M* disturbed areas; (d) maintenance of strategic bare ground areas for ectotherm (reptilelanphibian) thermoregulation, per WDFW recommendations" and (e) use of certified weed -free, native, geographically 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 not limited to earth -moving equipment, cranes, and haul trucks, are limited to the hours of 7 6 00 a.m. to 10:00 pm. 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 C-8. (Pcntoloc resources) Should vertebrate or invertebrate fossils be 9-1 encountered dut m*9 any ground -disturbing action, the Applicant shall suspend construction in the vicinity of the find and shall not resume work in that area until a qualified paleontologist has assessed the find and the Applicant has implemented any avoid ance, recovery, or other measures recommended by the pateontologist (Final EA Appendix C, Section t 1). 5. Condition D - Decommissioning, Financial Securh), and Development Ag-reement .1. Conditions D-I and D-2 address decommissioning obligations, financial security, and IV 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), including: (A) naming the Board of Counity Commissioners as sole beneficiary; (B) issuance by an A -rated financial institution (S&P, body's, Fitch, or AM Best); (C) an evergreen clause; and (D) bankruptcy -remote provisions. The Security amount shall be based on the licensed professional engineer's cost estimate at final design, with re-evaluation no less ftequently than every five (5) years thereafter for the life of the tacility. 5.1.2. D-M 2. or to issuance of any grading, mechanical, or building penn'I ts the Applicant shall finalize the Decommission ng 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 memorializing 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 23.08.357(i)(9) and GCC 25.28. DecoMnU*ssionM'g and reclamation hall be completed witldn the-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 firne duling* the life of the facility. 6. Condition E -Site Design - Slppes, Heights, Setbacks, Glare, and Lighting .1. Conditions E- I throud E- 14 adch-ess. slope limitations, height restrictions, setbacl(s from. property lines and residences, glint and glare analysis (including military aviation consi Herations expressly deferred from the Final E.A. to SEPA), and design standards to 'A * M-minuze visual impacts using glare -reducing materials and fully 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% threshold, confirming all facility components (panels, 'inverters, BEES) are sited on portions with average slope at or below 7% per GCC 23.08.357(c). Any facility components proposed on portions exceed* 7% 1119 slope shall be excluded from the facility footprint. 6.1.2. F-2. Structural heights of solar arrays and ancillary and support stnictures 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 6.1.7.7. W backtracking strategy - none for Subarrays AO 1 -A06, A08-All, and Al 7-A19, and shade -slope (slope -aware) backtracking for SubaiTays A07 and Al2-At6; and 6.1-7-8. (h) Ground Coverage Ratio (GCR) - 0.31 or less. 6.2. Substitution of non -ARC glass, increase in GCR above 0.3 ) 1, increasein maximum tracking angle, change in baolaracking strategy or resting angle, change in axis orientation or axis height, or any change in subway geometry or location that matell'ally alters the modeled glare footprint shall require updated analysis imder 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 9 des* n, layout, panel technology, or tracker configuration that would deviate from the parameters listed in Condition E-7, and prior to the addition or relocation of any subarray, the Applicant shall submit to Grant County Development Set -vices an updated ForgeSolar / GlareGauge (or equivalent FAA -validated T-based) analysis evaluating the modified Project. The Courity may, at its discretion, require third -party peer review at t1le Applicant's expense, No bi:dldingr, 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-for--after-image outcomes have been incorporated. 6.2.2. E-9. (Pre-e cr ation as -built conformance certification.) Prior to energization of the Solar Facility the Applicantshall submit to Grant Co -Limy 91 Development Services a Witten certification, signed and sealed by a licensed professional engineer, that the as -built PV array conforms to the design envelope JI%* -1 & specinea in Condition E-7 and to any updated envelope established under Condition E-8. The certification shall 'include geo-re-ferenced as -built layout, panel technology data sheets confi-nning 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 Applicant shall (i) trwismit the December 12,, 2025 Capitol Airspace Group analysis and any supplemental analysis required to the U.S. Department of Defense Siting ' Clearinghous e. and to the U.S. Army Yakima Trainm'g Center, (ii) request written acknowledgment or non - objection regarding glare effects on military operations,, and (Hi) provide the Coutity 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 Adrnirustration Form 7460-1 submittal required under Condition E- 14 for any project component meeting the notification criteria of 14 CFR Part 77 and shall provide the County with a copy of the FAXs P25-0178 Royal Slope Solar CUP Page 28 of 47 riparian and aquatic areas to minimize attracting Wildlife (F inal 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 any project component (including transmission line structures, the collector substation, and any associated meteorological towers, cranes during construction, or other temporary stnic"es) that meets the notification criteria of 14 CFR Part 77. The Applicant shall provide the County with FAXs "Detennination of No Hazard to Air Navigation.'' or equivalent finding, including any conditions onlighting, marking, or height, prior to construction of the aBeeted component. 7. Condition F - Public Infrastructure, Fire, Recreation, and Einergency Response 7.1. Conditions F-I t.hrough F-7 are intended to ensure that the solar photovoltaic energy generation facility and battery energy storage system are designed. and operated in a mmilier 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 suffo-Lmding private lands. 7. 1. 1. F-1. The Applicant shall coordinate with the Grant County Fire Marshal's Office and the affected local fire districts dining project design, pennitting, and construction to develop and implement wildfire prevention and response measures within the project lease boundary and adjacent areas, including vegetation management, defensible space standards, water supply or draffing locations (if required), and emergency response procedures consistent with applicable fire code and Wildland-urban interface requirements. Any internal combustion engine operated on or near brush- or grass -covered hand shall be equipped with a spark arrester or shall be constructed, PP equ'Ied, and maintained for prevention of fire (Filial EA Appendix Q, 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 (including substations, battery energy storage systems, and operations and maintenance buildings), with all-weather roads, turnarounds, and tw-nouts designed * V 41 and constructed to meet therAMIMUM Width, grade, and load -bearing requirements of the adopted fire code and any more specific standards of the Grant County Fire Marshal's Office and local fire districts. 7.1.3. F-3. All gates or bam*cades installed across :dire ai)P aratus access roads shall apparatus obtain a Fire Construction Penult ft-om 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 medical services; gate clear opening widtbs and locations shall confonn to Fire Marshal standards and be shown on the approved site plans. 7.1.4. F-4. The Applicant is responsible for determining, 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-Ot78 Royal Slope Solar CUP page 30 of 47 8. Condition G - Cultural.Resources .1. Conditions G-1 and G-2 apply exclusively to the transmission. line component on Bureau of Reclamation -managed federal lands. These conditions are issued under WAC 197-11-158(4)., which authorizes the County to expressly defer to the federal Section 106 process and condition project approval on compliance with its outcomes. The Bureau of Reclamation's Final Enviromnental Assessment (CPI -LAA-2024-01, June 2026) doe-Lunents approximately 96 archaeological resources in the Area of Potential Effects and ongoing consultation with three affected Tribes, with Traditional Cultural Property studies prepared by each Tribe identifying TCPs within 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. .1. i oG4. No ground -disturbing activities on Bureau of Reclamation lands shall conanence until the Reclamation -led. Section 106 consultation process tinder the National Historic Preservation Act (54 U.S.C. § 306108, 36 CFR Part 900.) is complete and any required cultural resource mitigation measures for historic properties - including archaeological resources, Traditional Cultural Places, Historic Properties of Religious and Cultural Significance to Indian Tribes (HPRCSJ.T), and hadian Sacred Sites - axe incorporated fiyto the Project design to the satisfaction of the Bureau of Reclamation in consultation with affected Tribes (Confederated Thies and Bands of the Yakama Notion, Confederated Tribes of the Colville, Reservation,, and Wanaptmi .Bared. of Priest Rapids) and the Washington Department of ,Axchaeology and Historic Preservation (DAH ). 8.1.2. G-2. If the Section t06 process results inafinding of adverse effect requiring execution of a MeM* orandum of Agreement or Programmatic Agreement (3 6 CFR § 800.6 or § 800.14), the Applicant shall 'incorporate all stipulations of the MOAIPA intotheP Project design and constriction. plans pfior to commencement of ground:- r0i disturbing activities on Bureau of Reclamation lands. Evidence of compliance, including any executed agreement, cultural resource monitoring plan, NHPA post - review discovery plan, and NAGPRA discovery plan, shall be submitted -to Grant Comity 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 cultmally significant plants and matefials on Reclamation lands outside active construction areas consistent with Final E.A. Appendix C, Section 10.f. 9. Condition H - Cultural Resources -Inadvertent Discovery and Archaeological Monitoring on Non -Federal Project Lands 9.1.. 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 / Pro grammatic MOA- Private Lands; KOP36A Traditional Cultural Place visual impact) The Bureau of Reclamation, as lead P25-0178 Royal Slope Solar CUP . Page 32 of 47 constniction areas to the maximum extent allowed by the P paftici ating landowners and consistent with Final EAAppendix C, Section 10.f 9.1.3. H-2.(40-meter Tribal Exclusion Zone -west and north TCP locations) The Applicant shall integrate and shall not modify without prior written concurrence of YNCRP, the 40-metet exclusion -zone KMZ transmitted to YNCRP on April 22, 2026, and confirmed byYNCRP in its June 16, 2026, email as resolving the west and north TCP sensitivities along the margins of the private -land project area. The 40-meter exclusion zone shall be shown on the final Site Layout, the SNUPP, the Vegetation Management Plan, the Construction Traffic Control Plan, and the Cultural Resources Monitoring Plan, and shall be flagged and fenced on the gToi-md prior to mobilization. �To groimd disturbance, vegetation removal, vehicle travel, off existing roads, material laydown, or worker access shatt occiLr within the 40-meter exclusion zone except as expressly authorized In writing by YNCRP t1n-ough 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 shdil submit to Grant County Development Services a final Visual Impact Mitigation Plan that builds upon the April 2026 Visual Impact Memorand-Lun and that specifically addresses KOP 36A. The Plan shall identify 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 Cultural. Place, and shall be consistent with The stipulations of any MOA or PA executed under Condition M-3 6A and with the cultural -resources direction received from YNCRP, DABY, Eind 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 through 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 261, 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 wilikely, and has requested execution of a Memorandtu-n of, greement under 36 CFR § 800.14(b) to resolve the impact through the Reclaination-led Section 106 process. Pursuant to WAC 197-11-158(4), Grant County defers the substantive resolution of the KOP 36A TCP visual impact to that federal process. The Applicant shall (i) participate in good faith in the Reclamation -led Section 106 consultation withYNCRP, CTCR, the Wanapum Band of Priest Rapids, and DAHP; (H) provide Grant County Development Services with copies of all Section 106 coiTespondence, draft agreements, and executed MO 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 buildfiag permit for the privately held portion of the Project until one of the P25-0178 Royal Slope Solar CUP Page 34 of 47 forward into the Hearing Examiner 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 detennination, MOM, or PA have been incorporated into the Project design. The Hearing Examiner'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 ,protect lands, the Applicant shall comply independently with GCC 24.08 (Cultural Resource Lands) under the Growth Management Act. An Inadvertent Discovery Plan (IDP) consistent with RCW 27.53.060 and WAC 25-48- 060 shall be in place prior to any growid-dis-Kubfiig activities on non-federal lands, and all construction personnel shall -receive cultural -resources awareness training (delivered as part of the VVEAP under 1 -2 I A) prior to commencement of work. 9. 1.11. H-9. If hiunan remains and/or associated grave goods are inadvertently encountered during Project activities., work That could. diswrb the fmd must stop b immediately, and the area must be secured and pro'tected fTom further disturbance in accordance with lashington State law. .1. t 2. H-1 0. (Required Notifications) All personnel must "immediately notify the Project Supefintendent (or des* nee), who will in ttrn notify local law enforcement 9 and the County Coroaer/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 and any information about it must not be disclosed to the public, media,, or on social media, and photography of the remains is prohibited unless expressly authorized by the Coroner/Medical Exarm"ner and the Department of Archaeology and Historic Preservation (DAHP). 9.1.13. H-11. (Treatment of the remains) 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 I T-1 Coroner/Medica I i hxaminer 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 findinv, to the Washington State Department ofArchaeology and Historic Preservation (DAHP), which then assumes jurisdiction over the remains pursuant to RCW 27,44.055, RCW 68.50, and RCW 68.60. DAHP will notify appropriate local cemeteries, and all affected Indian tribes within the tu*n0fi-ames specified In statute and rule and will coordinate with hibal cultural resources staff as applicable. 9.1.15. H-13. (Determination of cultural affiliation) The State Physical Antbropologist, a, in coordination with DA11Z will determine whether the remains are those of an P25-0178 Royal Slope Solar CUP Page 36 of 47 10.1-1. 1-1. Nor to issuance of any grading, mechanical, or buildingpenni't (or, for federal lands, prior to Reclamation's issuance of the land use authorization), the Applicant shall subinit to Grant County Development Services copies of, or e idence of approval of, the foltowing proj ect plans and authorizations, each vi prepared consistent with the cited Reclamation Design Feat -ores (Final EA Appendh� C) and applicable Cotmty, state, and federat requirements: 10. 1.2. ("D A." = Ptior to Development Agreenient. "GD" Prior to first Ground Disturbance; "BC" - Prior to first BE SS Con antssioning). Plan / Document Sequence Authority 1-1 Plan of Development (POD) GD Final EA Appendix C, Section 1.g Condition A-1, 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 1-5 Integrated Weed Management 1 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 1-7 Inadvertent Discovery Plan (IDP) GD RCW 27.53.0601 WAG 25-48-060 Condition G-2, H-1; 1-8 Archaeological Monitoring Plan (AMP) GD Final EA Appendix C, Section I 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 I I - 1.2. J-2. (Public liaison) The Applicant shall designate a public liaison before and during construction to respond to questions, concerns, and complaints from neighboring property owners., tenants., residents, and the public regarding noise, dust, lighting, traffic, and other construction effects. The Applicant shall establish a method for receiving inquiries (e.g., toll -free telephone number, dedicated email, project website) and shall maintain a written log of inquiries and responses, available to the County upon request (Final EAAppendix C, Section Li-j). 1.3.41-3. (Material changes; supplemental review) If the Proposed Action changes significmitly from that analyzed in the FM*al EA and the SEPA Environmental Checklist as adopted herein - including but not limited to changes m transmission line alignment, structure type or height, use of blasting or explosives, additional spoil or work areas outside the defined 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 safety - additional SEPA review under WAC 197-11-340(3)(a) and additional NEPA review by Reclamation may be required prior to construction of the affected component, consistent with Final EA Appendix C,, Section 6. 1 11.1.4. J-4. Enforcement. 'Violation of any condition of this l MN S shall be sub ect to i the enforcement provisions of GCC 24.04.210 and Chapter 25.20, in addition. to any ,independent enforcement authority of DAHP, WDFW, Ecology, GCFD-10, or GCPW under state law. 12. Supplemental Conditions of,4pproval 12.1. S-1. Development Agreement. Prior to 'issuance of the first grading, building, or land -disturbance pen -nit for the Project, the Applicant shall execute and record a Development Agreement under GCC 23.08.3 57(i) and GCC Chapter 25.28 inemorializina 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. Prior to issuance of the first grading, building, or land - disturbance pennit 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, mid 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 Use Agreement With Grant County Public Works addressing County road improvements, hauling routes, maintenance and restoration, and shall obtain the applicable road -approach permits, engineered civil plan set approvals, and grading permits under GCC 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 PIM1 required by MDNS Section F, and shall coordinate with the applicable Grant County Fire P25-0178 Royal Slope Solar CUP Page 40 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 owner and/or project operator, subject to the following: 12.13.1. If legal ownership of the subject parcel(s) changes at any time during the life of this Conditional Use Permit, the new property owner shall submit a written request to Grant County Development Services including a current title report, to indicating whether they wish to continue or terminate the permit, 12.13.2. If a new project operator (different from the olliginal CUP applicant) wishes to continue the approved solar energy use, the new operator shalt: 12.13.2. 1. Submit a written CUP tratisfer/update request to Grant County Development Services; 0 12.13.2.2. Provide a desen"ption confirmLng that the approved solar energy facility remremainspdpr imary mary 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 fids CUR 12.13.3. The transfer shall not take effect Lmdl the Hearing Examiner has reviewed the submitted materials and issued written confirmation that the Conditional. Use Perinit 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 fi-om the date offlearing Exatuiner approval of this Conditional Use Permit to satisfy all Conditions of Approval. 12.14. 1. If all Conditions ofApproval have not been met and Grant County Development Services has not issued the final Conditional Use Permit 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 mectina. Prior 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 Exarniner meeting.. 12.15.. S-15. Extension of Time to Complete Condiflons of Approval. The applicant may request one (1) extension oft me, not to exceed two (2) additional years, to complete al.1 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 of the original five-year approval period and shall 'include: P2�-0178 Royal Slope Solar CUP Page 42 of 47 authorized rno difications only by writton concurrence with DAEP). 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 clerical. error. 13.4. YNCR 40-Meter Tribal Exclusion Zone and KOP 3 6A Traditional Cultm-al Propelty, The YNCRP letter of June 16, 2026 (Ex. 5.10, Jessica Lally, Lead Archaeologist, YNCRP), confirms that the west and north Traditional Cultural Property (TCP) sensitivities identified in the Apn"I 21, 2026, letter to Reclamation (Ex, 5.8, Casey Ramey, NCRP Manager) are conditionally resolved through the 40-meter Tribal exclusion zone implemented in MDNS Condition H-2, provided that exclusion zone is honored on the ground. The same June 16,2026, letter, however, separately identifies a significant Traditional Cultural Property visual impact at Key Observation Point P) 3 6A attributable to the Sol.a. r Facility, states that "f s]trategies to alleviate impact via io pr *ect redesign are unlikely," and formally requests execution of a'Memorandtu-n of 01 0 Agreement under 36 CFR § 800.14(b) to resolve the KOP 36A visualimpact through. the Reclamation -led Section 106 process. The YNCPP letter of June 26,, 2026 (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 resoitition of -the KOP 36A TCP visual impact to the federal Section 106 process and conditions pennit issuance on fhat process, without disturbing -the Comity's independent GCC 24.08 re -view of non-federal cultural reso-arces. This deferral is implen:iented by MDNS Conditions H- I (Section 106 Programmatic MOA pathway - Private Lands), H-2 (40--meter exclusion zone), H-3 (Visual Impact Mitigation Plan - KOP 36A), and Ili-3(f) (Section 106 MOA coordination - KOP 36A) 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. I'vMNS Section B implements the WDFW Region 2 comment letters of November 3, 2025 ; March 6, 2026 and Apffl 24, 2026. Condition B- I sets a fencing performance standard rather than prescribing a rigid mesh specification, expressly ratifying the Applicant's 2-inch by 2- inch diamond chain -link design with a raised bottorn subject to WDFW written concurrence. Condition B-8 permits wildlife ingress and egress ramps as an alternative to rigid barriers,, and Condition C-I scopes biological monitor coverage to areas that a qualified biologist and WDFW identify as suitable habitatwith a habitat -suitability map required before the pre -construction meetinar. I 13.6. E-7 Locked Design Envelope and E-8 Glare .eopener. MDNS Condition E-7 locks the panel -and -mounting 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) maxim -um tracIdng angle of ±60 degrees; (e) rotation axis height of 5.5 feet above grade- (f) resting / backtracking -limit - angle of 5 degrees; (g) back -tracking strategy as specified for identified subarrays; and (h) Gro-.end Coverage Ratio (GCR) of 0.31 or less., Substitution of non -ARC glass, an P25-0178 Royal Slope Solar CUP Page 44 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 through 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 Conctmence 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 ofAgreement Integration. Dated this r 9 day of August, 2026 GRAN 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 EXHIBIT "c i' DECOMMISSIONING PLAN [SEE ATTACHED] DEVELOPMENT AGREEMENT Page 17 of 19 4928-7222-8261.3 Decommissioning and Reclamation Plan Table of Contents 1.0 INTRODUCTION Royal Slope Solar Facility 1.1 Existing Use ............................................................................................................................... I 1.2 Planned Use .................................................................................................................... —.—.I 1.2.I Solar Array - Photovoltaic Solar Panels ...................................................................... 2 1.2.2 Inverter Blocks .............................................................................................................. 2 I.2.3 SupporbngAccessoryComponenL —.~.-----.~.---.—.--.—..--..2 1.3 Plan Purpose .............................. --.—~--.—._---..---.----..----.—.2 1.4 Plan .—.—.—.~—.—.--------'~.~-------.—_------..3 1.5 Project Decommissioning ........................................................................................................ 3 1.6 Site Reclamation ................................................................................................................ .,..4 2.0 DECOMMISSIONING AND :SCOPE AND TIMING 2.1 Scope ofDecommissioning ...................................................................................................... 5 2.2 Equipment andMatehalsRemoval ---.—_'----.—~-----.—.---.---.'5 202.1 Overhead and Management .... ---...—.—.--_...---...—..-----5 2.2.2 Disassembly and Removal ofSolar Modules ................... ....—....—..........5 2.2.3 Disassembly and Removal of Racking System .................................. ........................ G 22.4 Battery Energy Storage System Equipment Removal and Recycling ........................ 6 2.2.5 Removal ofSteel P| and Foundations .......................................................... G ' 2.2.6 Removal ofInverters, Transformers, Battery Energy Storage System Equipment, and Supporting Electrical Equipment ........................................................................ G 2.2.7 | roundElecthca\CablesExcavadonandRemovaL.-....—.------G 2.2.8 Access Road Excavation and Removal .-----.---...—._—.--..-- moot* 5 2.2.9 Perimeter Fence Removal ........................................................................................... 7 2.2I0 Site Restoration ........................................................................................................... 7 ' 2.2.1I Public Road Repair .................................................. —..—.--............—.8 22.12 AbovegroundCollection Lines ............................................................ ...—.---.0 2.3 Site Reclamation ........................................................................ —..—.—.---..--.--.8 2.4 Timing, Exemptions, andExtension--.--.----------~---~—.------9 2.5 County Inspections andRepoMing---..-----------.--.—.----.----8 3.0 DECOMMISSIONING AND RECLAMATION FUNDING AND���U�l?�"""="..^^...".~..^.."°^.",~"~^".,^."� 3.1 Decommissioning and Reclamation Obligations .................................................................... 9 3.2 Decommissioning and Reclamation Cost Estimates .--..------.---------...9 3.3 Security ...................................... —.-------.----.-- moo ---.---..---- moo lO Decommissioning and Reclamation Plan Acronyms and Abbreviations AC alternating current Applicant Royal Slope Solar LLC 8ES8 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 of interconnect Project Royal Slope SoiarFadUty PV photovoltaic US8R U.5.Bureau ofReclamation Royal Slope Solar Facility TETRA TECH Decommissioning and Reclamation Plan Royal Slope Sotar Facility 1.2.1 SoKarArrmy-PhotoVoltaic Solar Panels The Preliminary Site Layout shown onAppendix Aassumes the Project viUuseFirst Solar G+FS-648O P-BsoLarpaneimodules each having acapacity of4QOwatts; however, the exact model and quantity of PV solar panels will be finatized during the detailed engineering phase prior to construction. Approximately 759,708 photovoltaic pa net mod utes will be insta I led ontrackertables grouped in blocks. The tracker tables are fixed to the ground on a racking system that includes pile foundations. A motor is affixed to a central pile 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 will use approximately 355 TNE|C Solar Ware 840 inverter (arranged in skids of5) 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 wiKbe converted from OC to alternating current (AC) by the inverters. ACelectrical power that is produced by the inverters wiUbe transported to the proposed electric utility interconnect equipment via 34.5-kVelectrical collection system installed either underground, buried aminimum o[3feet below grade, or aundusingtheCambhaCounty Association for the Mind and Handicapped (CAB) cable hanger system, or something similar. 1.23 Supporting Accessory Components TheProject's supporting accessonj components are described indetai(inSection ZO(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 laydown yards, It also includes an aboveground 230-kV transmission line and POI atthe Bonneville Power Administration Vantage Substation. Ptan Purpose The purpose ofthis Plan istoensure that ifthe Project isdecommiS5ioned'the site reclamation will be accomplished in a way that is environmentally sound, safe, and protects public heatth 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 will 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 adevelopment agreement with Grant County pursuant toG[C NTETRA TECH Decommissioning and Reclamation Plan Royal Slope Solar Facility PV panel support steel and support posts will be removed and recycled off -site by an approved metals recycler. o Electrical interconnection, transmission, and distribution cables will be removed and recycled off -site by an approved recycler. Electrical and electronic devices, including BESS components, inverters, transformers, panels, support structures, lighting fixtures, and their protective shelters, will 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 remain (GCC 23.08.357(i)(4)). o Fencing will be removed and recycled off -site by an approved metals recycler, • Individual PV panels will be unbolted and removed from the support frames and carefully packaged for collection and return to a designated recycling facility for recycling and material reuse, in accordance with Revised Code of Washington 70A.510.010 (Photovoltaic Module Stewardship and Takeback Program), • Any hazardous materials will be removed and disposed of in accordance with the current regulations. Soil erosion and sedimentation control measures will be reimptemented during the decommissioning period and until the site is stabilized. Pursuant to GCC 23.08.357(i)(9), any damaged or solar energy components are considered a form of toxic, hazardous e-waste that cannot be recycled and will be removed appropriately for safe disposal, by an approved hazardous waste hauler and transported out of Grant County. Rectarnation activities will return the Project site as close as possible to a pre -construction state, which may allow for future potential agricultural activities after the Project's operational life. Returning the land to agricultural use will entail increasing the nutrient content to pre -construction levels and aerating the soils through titling. If the land were to be used for another useful purpose, soil stabilization techniques will be deployed to ensure topsoil preservation to the extent feasible. Site reclamation activities for the Project site include the following requirements: • Gravel roads installed to serve the Project will be removed; filter fabric will be bundled and disposed of in accordance with applicable regulations. Road areas will be backfitted and restored to their natural. contour. Existing wells or pumps will be maintained in place. Ditches used for temporary water transport within the site will be removed for implementation of the Project. These irrigation works will be restored if appropriate or necessary. NTETRA TECH 4 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 includesteelpiles 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 of each pile will be contingent on its designated location within the Project Area boundary. Steel components may be segregated and transferred to a staging location for off -site recycling. 2,2.6 Removal of Inverters, Transformers, Battery Energy Storage System Equipment, and Supporting Electrical Equipment The inverters, transformers, supporting electrical equipment such as disconnects and combining 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 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 will befinalized during the detailed engineering phase.Anerosioncontro\p\en'stomnvvatermanagementp|an`andStormwater Pollution Prevention Plan will be obtained as part of the final design to prevent excessive erosion during construction and decommissioning. If ponds and traps are developed for the Project,theymay be decommissioned as part of the restoration effort. The disposal of any concrete or steel associated with the risers and outfall 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 will be revegetated with a seed mix agreed upon between the Applicant and landowner and/or with applicable local, state, or federal agencies such as the Washington State Department of Agriculture or U.S. Department of Agriculture. These areas wilt be restored toacondition and forage density similar tothe original conditionphortotheinstailatonof the Project. |ntheseaness'nestorationvv0indudebeck-fiUingpiiesandfoundations`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. 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 be subcontracted. In the eventthat subcontractors cause damage to public roads as a result of their decommissioning work, the Applicant wilt be responsible for repairing any such damage through a road use agreement with Grant CountV. 2.2.12 Aboveground Collection Umes |faboveground 34.54WcoUecdonUnesaneusedanddeemednoiongernecessaryatthetimeof Project decommissioning, they wit[ bedismantled and removed. The decommissioning process wilt entail the removal ofaboveground structures associated with the construction of the 34.5'kV tines. Aboveground steel components and aluminum materials may be salvaged. 23 Site Reclamation G[[23.0l357(i) (5)The property shall berestored toocondition reosonobly similortoits condition prior to development of the solor energy focility. Restorationlreclamotion conditions must comply with the Stormwoter Monogement Alonuol for EostemWosh' tonin effect at the time of reclamotion. Reclamation ofthe Project site wilt betoareasonable approximation ofits original condidonpriorto 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 (E) Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and (F) The estimated date 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. 13 Security GCC23.08.357(i)(8) Prior to issuance of any grading 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 sholl: (A) Name the Board of County Commissioners of Grant County as the sole beneficiary of the letter of credit; (B) 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 atthe 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 Royal Slope Solar Figure 1 Project Location GRANT COUNTY, WASHINGTON Project Area Project Area (Subject to County CUP) Transmission Line Corridor Alternative 1 Transmission Line Corridor Alternative 1 Access Road Transmission Line Corridor L--J Alternative 2 Mitigation Area Active Mitigation Area Passive Mitigation Area County Boundary Highway Local Road M, Existing Substation Existing Transmission Line 115 kV . ...... 230 kV — 500 kV Parcel Ownership Bureau of Reclamation Washington Dept. of Natural Resources Grant County Private 0 0.25----- —0-,-5----- Miles NOT FOR CONSTRUCTION V 4A�A& (0) R 7q- 1�1OVERALL 5LT—ELAYQUT a 51W 1100 T li SHEET NOTES 1. LOCATIONS SHCANN ARE FOR GENERAL GUIDANCE ONLY, SLOPES OF THE SITE ARE NOT DERCTED AND LOCATIONS MUST BE R EVA MP VERIFIED ON SITE BEFORE INSTALLATION. 2, FINAL STRING SIZING TO BE CONFIRMED BY ENGINEER -OF -RECORD 3. CROSSING LOCATIONS INDICATE APPROXAMA3 E ROAD AND DC CROSSINGS ATEXISTING FEATURES, WCOLLECTION CROSSINGS ARE TEID AFTER MV COLLECTION LAYOUT. ALL CROSSINGS TO BE 428 13th St. FINALIZED BY ENGINEER OF RECORD. 3,4 flo- oakliv)d. CA 54612 nis DOCUMVIT Is THE pliopury Of SYSItI0 SftCWICAIICM IAdLt REVAMP emclommillho INC. AND SYSTEM stc uc RAIINr� pow) 364.66 CQUIA" CONRI)OMU INFORWATICIN. I . ...... ffS RECUPT OR P063ES5104 OM NW SYSTEM AC RATING AT 1111064111% PAVAl CONVEY ANY RIQW5 TO 46"OGWE W1111AAC W*4 AT PO X6Qoo MAMUFAMW U41E. OR SELL OWYMNO IT MAY DESOWE NO PART 13 TO III! OCIAC RATIO ATM 1.46 = bl"LOSED WINOUT murum otasusioN AVERAGE WAC kATIO AT INVERTER 1135 FR(W REVAMP INC449"4144 INC. MODULE MOM, fgfi* FS-4480-P-6 cnul�r-n 6 STAMP MODULE SIC OC RATING W MODULE COUNT 759706 MODULES PER STRING 6 StAINGCOUNT t26048 ii$TA TWIL1114 64% 16-SrRTRACKERS 336 14-STR IRACKES6 321 INVERTER MODEL IMSCSOLAR WARE W INVERTER RATING (MVAI T- 0.940 INVERTER hGfMW@O.9SPf&37.9C) 0.761 7.� WIIRATING (MVAI 4,20 Of TRANSFORMERS 1 11 1 14D Clearway N14X DU614 TELVERA7URE (-E) 37.9' MIN DESIGN TEMPERATURE SOURCE WENT PROVIDED ry IvUN DESIGN TEMP FOR STRING SIZING rC) SUILDAALE AREA (ACRES) 1595 !kuLkUARtA(ALh0) 1864 FENCINGLENGI`H(tl.) 101693 0 cy) 95i U) w cr) W OZ 0 80 0 SYSTEM AC 0 ✓ to RATING AT J vi SYSTEM SIC INWMTEM MODULE SIC oc/Ac Z DIE RAMS tMW 0 lXSS PF DC RATING INV NATO AT W AREA11"I 37.vcjwAINVIATTA AREAi 5.18 381 1 483 5 1361 < AREA 2 135.56 9&96 480 130 1.370 AREA 3 30-91 2194 4OU 30 1.351 AREA 4 IOU 90 76.12 480 lou 1326 0 AREA 5 2419 15L,03 QO 25 1.271 11.42 48D is L365 AREA 10.30 7.61 480 10 LiS.3-- AREA 8 1CL29 T61 4W 10 L352 4 22.94 480 30 L-m PROPERTY BOUNDARY PROPERTY SETBACK DRAWING ISSUE FENCE LINE I 02A)W=PRFU&"&fjY I 11130024 C======= PROPOSED ROAD 14 MITIGATION AREA I/16=4 LAYDQVVN 16 W4TIGAIJON AREA UPC ACTIVE M[I IGAT4ON AREA 16 11 011=4 SOUN13ARY UPDATE PASSIVE MITIGATION AREA EXISTING ROAD EXiSTING OVERHEAD ELECTRICAL OVERHEAD ELECTRICAL - - - - - - - - - SETBACK RIGHT OF WAY (ROA111 EXCLUSION AREA DRAWN BY: DB CHECKED III PROJECT --- NO,: 21-INO VWT LANDS rtJWAWK0-IlTl9- STREAMS OVERALL SITE GATE LAYOUT EMERGENCY EXIT SITE ACCESS X CROSSING LOCATION (SEE NOTE 3) TRANSMISSION STRUCTURE SHADE � im�t� Summar,�, 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 127,400.00 127,400.00 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 UERNTRLG Rental Equip Transp-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 51600.00 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 -12x60 8,00 Month U.S. Dollar 500.00 4,000,00 UOISTAID 1st 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) (44) 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 Transformer Removal 0.17 Detail U.S. Dollar 1020748.90 205,497.80 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 Oil Removal 1.00 Detail U.S. Dollar 939.40 1,878.80 1.3.2.1.1 . Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L060100 GENERAL 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 1281000.00 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 1128/202512:57 PM Copyright ©020 InEight Inc. All Rights Reserved. 1 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 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 1,290,00 Cubic Yard Topsoil, Delivered 0.00 Detail U.S. Dollar 20.00 25,800.00 1.3.7.2.1 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 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost L010101 RDOZER08 OPERATOR CAT D6N XL 86.00 86.00 2.00 Each (hourly) 2.00 Each (hourly) U.S. Dollar U.S. Dollar 60.39 59.38 51193.54 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 Esource 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 L010101 *RXMISC14 *RXMISC23 GENERAL LABORER OPERATOR MAN LIFT GAS 125ft GROVE RT 200 TON 600.00 150.00 150.00 150.00 4.00 Each (hourly) 1.00 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 53.52 90.91 28,182.00 9,058.50 8,028.00 13,636.50 1.4.1.2 30.00 Each Cut I 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 L010101 *RXMISC23 GENERAL LABORER OPERATOR GROVE RT 200 TON 900.00 150.00 150.00 6.00 Each (hourly) 1.00 Each (hourly) 1.00 Each (hourly) U.S. Dollar U.S. Dollar U.S. Dollar 46.97 60.39 90.91 42,273.00 9,058.50 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 Cost 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 1.4.2 30.00 Each Remove Foundations To Subgrade 0.96 Detail U.S. Dollar 5,056.07 151,682.16 1.4.2.1 30.00 Each Excavate / Remove Foundation - Various 1.00 Detail U.S. Dollar 5,002.20 150,066.00 Depth 1128/202512:57 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 3,120.00 6.00 Each (hourly) U.S. Dollar 46,97 146,546.40 RLIFTS05 JCB 508C, 8,000ibs 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 1,375.00 118,250.00 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 200.00 224,600.00 [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 1,375.00 118,250.00 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 100Kw/ 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 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 GENERAL LABORER 21.75 1.00 Each (hourly) U.S. Dollar 46.97 1,021.60 L010101 OPERATOR 43.50 2.00 Each (hourly) U.S. Dollar 60.39 2,626.97 *REXCAV06C Excav 100K w/ Hammer 21.75 1.00 Each (hourly) U.S. Dollar 160.97 3,500.99 *REXCAV06A Excav 100K w/ Bucket & Grapple 21.75 1.00 Each (hourly) U.S. Dollar 124.54 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 CAT D350D,18CY-24CY 60.90 1.00 Each (hourly) U.S. Dollar 74.29 4,524.26 L080940 TEAMSTER 60.90 1.00 Each (hourly) U.S. Dollar 60.39 3,677.75 1.10 1.00 Lump Sum UG Cable Removal 0.10 Detail U.S. Dollar 471314.00 47,314.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost REXCAV04 CAT 320 EXCAVATOR,1.25CY 400.00 4.00 Each (hourly) U.S. Dollar 57.90 23,158.00 L010101 OPERATOR 400.00 4.00 Each (hourly) U.S. Dollar 60.39 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 1-010101 OPERATOR RDUTRK06 CAT D350D,18CY-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. 1/28/2025 12:57 PM Copyright @020 InEight Inc. All Rights Reserved. 7 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 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 "Couplf') with regard to certain obligations of Royal Slope Solar LLC, a Delaware limited liability company ("Pro,ject 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 decommissioning 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 under 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 4912-7852-3813.3 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 bankruptcy, 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 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.O. 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 permuted 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 4912-7852-3813.3 IN WITNESS WHEREOF, Guarantor has executed this Agreement as of the date first set 4:0 forth above. [011 121 w a g CLEARWAY RENEW LLC, a Delaware limited liability company By:, Name-, 16h .. ....... Its... ee Presi dent.--, - - - - - - - GRANT COUNTY BOARD OF COUNTY COMMISSIONERS EMAIL To: Legals Columbia Basin Herald From: Chelsey Sanford Deputy Clerk of the Board Fax: (509) 765-8659 Pages: 1 (including coversheet) Phone: (509) 765-4561 Phone: (509) 754-2011, ext. 2928 Re: Public Hearing Notice Date: September 14, 2026 ❑ Urgent ❑For Review ❑Please Comment 0 Please Reply[] Confidential Please publish the following on October 5 and 12, 2026 and bill the Grant County Commissioners: We also require an Affidavit of Publication. Please place the ad in 9 pt font and your normal six -column format, columnar, as shown. Feel free to contact me at the number listed above. IOTICE IS HEREBY GIVEN 'HAT AN OPEN RECORD UBLIC HEARING WILL BE [ELD October 19, 2026, at 1:30 a.m. in the Grant County .onu-nissioners' Hearing Room, 'ourthouse, Ephrata, WA to consider a )eveloprnent Agreement between irant County and Royal Slope Solar ,LC. A. copy of the Project File being onsidered can be requested by ontacting the Commissioners' Office y email at ommissioners( ,izrantcountvwa.gov. ,,rant Cozcnty is also providing access to `his scheduled hearing via Zoom audio. To participate in the hearing please call it `o the hearing at] (253) 205-0468, enter the access code (914 5357 5883) and gassword (26229323) and you will be ,oined to the meeting in a "muted' status ;cntil such time as the hearing allows for gublic testimony. If you have any luestions about this procedure, please gall the Commissioner's Office in advance 9f the hearing. Chelsey Sanford, Deputy Clerk of thf Board, Commissioner's Office. NOTICE IS HEREBY GIV- EN THAT AN OPEN RE- CORD PUBLIC HEARING WILL BE HELD October 199 2026, at 11:30 a.m. in the Grant County Commis- sioners' Hearing Room, Courthouse, Ephrata, WA to consider a Develop- ment Agreement between Grant County and Royal Slope Solar LLC. A copy of the Project File being considered can be re- quested by contacting the. Commissioners' Office by email at commissioners@ grantcountywa.gov. Grant County is also providing access to this scheduled hearing via Zoom audio. To participate in the hearing please call in to the hear ing at 1 (253) 205-0468, enter the access code ,(91 4 5357 5883) and password (26229323) and you will be joined to the meeting in a `muted' status until such time as the hearing allows for public testimony. If you have any questions about this procedure, please call the Commissioner's Office in advance of the hearing. Chelsey Sanford, Deputy Clerk of the Board, Commissioner's Office. #10013/55854 Pub: October 5 & 127 2026 NOTICE IS HEREBY GIV- EN THAT AN OPEN RE- CORD PUBLIC HEARING WILL BE HELD October 199 2026, at 11:30 a.m. in the Grant County Commis- sioners' Hearing Room, Courthouse, Ephrata, WA to consider a Develop- ment Agreement between Grant County and Royal Slope Solar LLC. A copy of the Project File being ;considered can be re- quested by contacting the Commissioners' Office by mail at commissioners@ grantcountywa.gov. Grant County is also providing access to this scheduled hearing via Zoom audio. To participate in the hearing please call in to the hear- ing at 1 (253) 205-04689 enter the access code (914 5357 5883) and password (26229323) and you will be joined to the meeting in a `muted' status until such time as the hearing allows for public testimony. If you have any questions about this procedure, please call the Commissioner's Office in advance of the hearing. Chelsey Sanford, Deputy Clerk of the Board, Commissioner's Office. #10009/55565 Pub: October 5 & 12, 2026 MIA MANKKON I � � � � 001'011 11 : iii�ijq� �Ijqi� IUONN11111 1 1111 1 , . 1, Blaze Griffith -Steele, do solemnly swear that I am the Principle Agent of the Columbia Basin Herald, a newspaper established and regularly published five days. a week in the English language, in and of general circulation continuously for more than six (6) months prior the 31st day of March, 1944; that said newspaper is printed in an office maintained at its place of publication in the City of Moses Lake, Washington; that said newspaper was approved and designated as a, legal newspaper by the order of the Superior Court of the State of Washington for Grant County on the 31 st day of March, 1944; and that said order has not been revoked and is in full force and effect. That the annexed is a true copy of Legal Notice # 10013/55854 PUBLIC HEARING - DEVELOPMENT SERVICES as it was published in regular issues (and not in supplement form) of said newspaper once each WEEK for a period of 2 consecutive WEEKS commencing on the 5TH of OCTOBER 2026 and ending on the 12TH of OCTOBER 2026 both dates inclusive and that such newspaper was regularly distributed to its subscribers during all of said period, that the full amount of fee charged for the foregoing publication, is the sum of $59.80 . laze GrMA+lf-Steele Subscribed and sworn to before me this 12 T' DAY OF OCTOBER2026, Bob Ra---y- Bob Ray Richardson Notary Public Notary Public in and for the State of Washington State Of Washington'""'*'. My Appointment Expires 11/4/2029 Residing in Moses Lake, Washington Commission Number 21034179 1, Blaze Griffith -Steele, do solemnly swear that I am the Principle Agent of the Columbia Basin Herald, a newspaper established and regularly published five days a week in the English language, in and of general circulation continuously for more than six (6) months prior the 31st day of March 1944; that said newspaper is printed in an office maintained at its place of publication in the City of Moses Lake, Washington; that said newspaper was approved and designated as a legal newspaper by the order of the Superior Court of the State of Washington for Grant County on the 31 st day of March, 1944; and that said order has not been revoked and is in full force and effect. That the annexed is a true copy of Legal Notice # 10009/55565 DEVELOPMENT SERVICES PUBLIC HEARING as it was published in regular issues (and not in supplement form) of said newspaper once each WEEK for a period of 2 consecutive WEEKS commencing on the 5TH of OCTOBER 2026 and ending on the 12TH of OCTOBER 2026 both dates inclusive and that such newspaper was regularly distributed to its subscribers during all of said period, that the full amount of fee charged for the foregoing publication is the sum of $59.80 4111' laze t iffit"teele Subscribed and sworn to before me this 12 TH DAY OF OCTOBER2026, o Ray icharson Notary Public State of Washington My Appointnieiit Expires 11/4/2029 Commission, Number 21034179 Bo"ay Richardson Notary Public in and for the State of Washington Residing in Moses Lake, Washington