HomeMy WebLinkAboutAgreement A-17-210 with RE Tranquillity 8 Verde, Rojo, & RE Tranquillity 8.pdf069923\8542832v3 Exhibit A-1
RECLAMATION AGREEMENT
THIS AGREEMENT is entered into this ____ day of ______________________, 2017, by and
between the COUNTY OF FRESNO, a political subdivision of the State of California (“COUNTY”),
RE Tranquillity 8 Verde LLC, a Delaware limited liability company (“VERDE OWNER”), RE
Tranquillity 8 Rojo LLC, a Delaware limited liability company (“ROJO OWNER” and, collectively
with VERDE OWNER, “OWNERS”) and RE Tranquillity 8 LLC (“GUARANTOR”), each a “Party”
and collectively, the “Parties.”
W I T N E S S E T H:
WHEREAS, on October 9, 2014, pursuant to County Resolution No. 12466, subject to the
conditions listed therein, the COUNTY’s Planning Commission certified Environmental Impact Report
No. 6730 for the Tranquillity Solar Generation Facility, approving eight separate conditional use
permits, Unclassified Conditional Use Permit (“CUP”) Nos. 3451 through 3458. As a condition of
those approvals, the Planning Commission required compliance with (i) that certain Reclamation Plan:
RE Tranquillity 4 LLC, UCUP Application Number 3454, dated August 2014 (the “TQ4 Reclamation
Plan”), (ii) that certain Reclamation Plan: RE Tranquillity 5 LLC, UCUP Application Number 3455,
dated August, 2014 (the “TQ5 Reclamation Plan”), (iii) that certain Reclamation Plan: RE Tranquillity
6 LLC, UCUP Application Number 3456, dated August 2014 (the “TQ6 Reclamation Plan”) and (iv)
that certain Reclamation Plan: RE Tranquillity 7 LLC, UCUP Application Number 3457, dated August,
2014 (the “TQ7 Reclamation Plan” and, together with the TQ4 Reclamation Plan, the TQ5
Reclamation Plan, the TQ6 Reclamation Plan and the TQ7 Reclamation Plan, the “Reclamation
Plans”). A true and complete copy of each Reclamation Plan is attached hereto and incorporated herein
by reference as Exhibit A.
WHEREAS, VERDE OWNER will undertake the performance of a component of the projects
described in CUP Nos. 3454-3457, consisting of the construction and operation of a solar photovoltaic
power plant capable of generating up to eighty (80) megawatts (“MW”) (the “Verde Project”).
WHEREAS, ROJO OWNER will undertake the performance of a component of the projects
described in CUP Nos. 3454-3457, consisting of the construction and operation of a solar photovoltaic
power plant capable of generating up to one hundred (100) MW (with no more than eighty (80) MW
being generated from the portion of land covered by CUP Nos. 3544-3457) (the “Rojo Project” and,
collectively with the Verde Project, the “Project”).
WHEREAS, the Project will be situated on that real property commonly described as Seven (7)
parcels located south of W. Manning Avenue, north of W. Nebraska Avenue, east of S. Derrick Avenue,
and west of Monterey Avenue on approximately One Thousand One Hundred Thirty Eight and 39/100
(1,138.39) acres in western unincorporated Fresno County (the “Property”), as more particularly
described on Exhibit B, attached hereto. The Verde Project will be located on the portion of the
Property described in Part I of Exhibit B (the “Verde Property”) and the Rojo Project will be located
on the portion of the Property described in Part II of Exhibit B (the “Rojo Property”).
WHEREAS, the Reclamation Plans require that OWNERS decommission the Project at the end
of the Project’s useful life or the termination of CUP Nos. 3454-3457, respectively, whichever occurs
first, and reclaim the site to its pre-Project condition. To secure OWNERS’ performance of their
respective obligations under the Reclamation Plans, the Reclamation Plans require that OWNERS, in
their sole discretion (i) post cash in the initial minimum amount identified in CUP Nos. 3454-3457
(“Cash Equivalent”) or (ii) establish and maintain throughout the life of the Project an irrevocable
standby letter of credit, issued to COUNTY from a state or national financial institution (“Letter of
Credit”, collectively with the “Cash Equivalent”, the “Security”). The Security shall be in the initial
minimum amount of the aggregate amounts identified in CUP Nos. 3454-3457, shall be delivered to
COUNTY prior to COUNTY’s issuance of the building permit for any of CUP Nos. 3454-3457, and, if
the Letter of Credit, shall be in a form and substance satisfactory to COUNTY as provided in this
Agreement.
WHEREAS, to enable OWNERS to comply with the above-referenced requirements of the
Reclamation Plans and to memorialize the respective responsibilities of OWNERS and COUNTY with
respect to the Reclamation Plans, and COUNTY’s rights with respect to the Letter of Credit, COUNTY,
OWNERS and GUARANTOR enter into this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties hereby agree as follows:
1. APPLICANT’S OBLIGATIONS.
(a) Compliance with Reclamation Plans.
VERDE OWNER, with respect to the Verde Property, and ROJO OWNER, with respect to the
Rojo Property, shall each, at its own cost, fully comply with all provisions of the Reclamation Plans
applicable to their respective Property, including but not limited to, Section 6 thereof.
(b) Notice to COUNTY.
VERDE OWNER shall provide written notice to COUNTY within seven (7) calendar days of
the occurrence of either (i) the expiration or termination of any of CUP Nos. 3454-3457 or (ii) the
abandonment of the Verde Project without VERDE OWNER making efforts to cure a disruption of
electricity production, whichever occurs first. ROJO OWNER shall provide written notice to COUNTY
within seven (7) calendar days of the occurrence of either (i) the expiration or termination of any of
CUP No. 3454-3457 or (ii) the abandonment of the Rojo Project without ROJO OWNER making efforts
to cure a disruption of electricity production, whichever occurs first. Each such notice shall be provided
to the person set forth in Section 6 of this Agreement.
(c) Time is of the Essence.
It is understood that time is of the essence in the performance of all obligations under this
Agreement and the Reclamation Plans. Any reference in this Agreement to “business days” shall mean
the business days of the Party required to perform an obligation herein.
2. SECURITY FOR APPLICANT’S OBLIGATIONS.
As security to COUNTY for OWNERS’s faithful performance of all of their obligations herein,
GUARANTOR (on behalf of VERDE OWNER AND ROJO OWNER) shall, not later than five (5)
business days subsequent to the final execution of this Agreement by the Parties submit the Security to
the COUNTY, which shall be a cash amount of Six Hundred Fifty Eight Thousand Seven Hundred Forty
Three Dollars and no cents ($658,743.00), which may only be drawn upon by the COUNTY upon the
occurrence of an Event of Default pursuant to Section 3 of this Agreement. Upon receipt from
GUARANTOR, the COUNTY Director of Public Works and Planning, or his or her designee (the
“Director”), shall deposit the Cash Security in a non-interest bearing account (the “Cash Security
Account”).
On or before the each April 25 for each year that this Agreement is in effect, GUARANTOR
shall remit the sum of Nineteen Thousand Seven Hundred Sixty Two Dollars and Twenty Nine cents
($19,762.29.00) (“Annual Increase to Cash Security”), which shall be added to the Cash Security to
satisfy GUARANTOR’s obligation to increase the Cash Security by three percent (3%) per year. Upon
receipt from GUARANTOR, the COUNTY Director of Public Works and Planning, or his or her
designee (the “Director”), shall deposit the Annual Increase to the Cash Security Account.
The Director is hereby authorized by COUNTY to make any determination by COUNTY, or to
take any action on behalf of COUNTY, required under this Agreement.
3. DEFAULT.
For purposes of this Agreement, the occurrence of any one or more of the following events shall
constitute an “Event of Default” by GUARANTOR, ROJO OWNER or VERDE OWNER, as
applicable, under this Agreement:
(a) GUARANTOR fails to deliver Cash Equivalent to the COUNTY;
(b) The breach or default, in any material respect, in the performance of any
obligation in this Agreement, or falsity of any representations or warranties, of GUARANTOR, ROJO
OWNER or VERDE OWNER contained in this Agreement;
(c) The failure of ROJO OWNER with respect to the Rojo Property or VERDE
OWNER with respect to the Verde Property to timely pay any amount due or owed by ROJO OWNER
or VERDE OWNER, as applicable, in connection with any Reclamation Plan or this Agreement;
(d) The failure of ROJO OWNER with respect to the Rojo Property or VERDE
OWNER with respect to the Verde Property to observe or perform, in any material respect, any other
obligation under this Agreement or any Reclamation Plan for a period of thirty (30) calendar days after
COUNTY provides written notice to ROJO OWNER or VERDE OWNER, as applicable, stating the
obligation ROJO OWNER or VERDE OWNER has failed to perform, provided however, if the nature
of the default is such that ROJO OWNER or VERDE OWNER, as applicable cannot reasonably cure
the default within thirty (30) calendar days, ROJO OWNER or VERDE OWNER, as applicable, shall
have an additional reasonable time to cure, subject to ROJO OWNER or VERDE OWNER, as
applicable, commencing to cure within the thirty (30) calendar day period and diligently pursuing the
cure to completion and completing the cure not later one hundred twenty (120) calendar days from the
date of COUNTY’s notice of such failure to perform. Notwithstanding anything to the contrary in this
Agreement, this subsection d shall not apply to any of GUARANTOR’s obligations under Section 2 of
this Agreement or ROJO OWNER’s or VERDE OWNER’s obligations under Section 11 of this
Agreement;
(e) Bankruptcy, reorganization, liquidation, arrangement, insolvency, receivership
or conservatorship proceedings, or other proceedings for relief under any bankruptcy or similar law or
laws for the relief of debtors, are instituted by or against GUARANTOR, ROJO OWNER or VERDE
OWNER, and are not dismissed within ninety (90) days of institution, or there is an assignment by
GUARANTOR, ROJO OWNER or VERDE OWNER for the benefit of creditors, or any similar action
taken by or against GUARANTOR, ROJO OWNER or VERDE OWNER, or GUARANTOR, ROJO
OWNER or VERDE OWNER is insolvent.
(f) The failure of GUARANTOR, ROJO OWNER, VERDE OWNER or any
Transferee as defined in Section 9 of this Agreement to fulfill any obligation stated in said Section 9.
4. COUNTY’S REMEDIES.
Upon the determination of COUNTY’s Board of Supervisors, by an official action, that an Event
of Default has occurred with respect to GUARANTOR, ROJO OWNER or VERDE OWNER,
COUNTY’s Board of Supervisors shall have the right to declare that GUARANTOR, ROJO OWNER
or VERDE OWNER, as applicable, is in material breach of this Agreement, and COUNTY thereupon
shall be entitled to immediately draw upon the Security, or from time to time immediately make partial
draws upon the Security, which partial draws shall permanently reduce the total amount of the Security.
COUNTY will provide GUARANTOR, ROJO OWNER or VERDE OWNER, as applicable, at least
twenty-one (21) calendar days’ advance written notice of the date, time and place of the public meeting
at which the COUNTY’s Board of Supervisors will consider and determine whether GUARANTOR,
ROJO OWNER or VERDE OWNER is in material breach of this Agreement.
If COUNTY draws upon the Security, COUNTY shall use the proceeds thereof solely to perform
the reclamation of the Property in substantial conformity with the Reclamation Plan; provided however,
any such act by COUNTY shall not obligate COUNTY to continue performance under, or to complete,
such Reclamation Plan, beyond the amount of such funds so drawn. Subject to the limitation of
COUNTY’s obligations in the foregoing sentence, COUNTY may also use a portion of such proceeds
for COUNTY’s reasonable administrative and overhead costs in connection with such reclamation of
the Property pursuant to the Reclamation Plan. COUNTY shall maintain records, for a period of one
(1) year following the final use of any proceeds of the Security, documenting the use of the proceeds of
the Security, and such records shall be made available to GUARANTOR, ROJO OWNER and VERDE
OWNER, within ten (10) calendar days following written request thereof by GUARANTOR, ROJO
OWNER or VERDE OWNER.
GUARANTOR, ROJO OWNER and VERDE OWNER each promises, covenants, and warrants
that if COUNTY draws upon, or attempts to draw upon, the Security, GUARANTOR, ROJO OWNER
and VERDE OWNER (including any other persons, firms, or entities acting at the direction of
GUARANTOR, ROJO OWNER or VERDE OWNER) shall not in any way whatsoever defeat, interfere
with, obstruct, or cause delay to said right of COUNTY to do so.
5. SEVERABILITY.
If any provision of this Agreement is determined to be illegal, invalid, void, or unenforceable in
a final judgment by a court of competent jurisdiction, each and every other provision hereof shall remain
in full force and effect.
6. NOTICES.
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY
Director of Public Works and
Planning
County of Fresno
2220 Tulare Street, Eighth Floor
Fresno, CA 93721
VERDE OWNER
RE Tranquillity 8 Verde LLC
c/o Recurrent Energy
300 California St., 7th Floor
San Francisco, CA 94104
Copies of notices to COUNTY shall
also be given to:
Fresno County Counsel
2220 Tulare Street, Fifth Floor
Fresno, CA 93721
County Administrative Officer
Attn: Public Works and Planning
Analyst
County of Fresno
Hall of Records
2281 Tulare Street, Room 304
Fresno, CA 93721
ROJO OWNER
RE Tranquillity 8 Rojo LLC
c/o Recurrent Energy
300 California St., 7th Floor
San Francisco, CA 94104
GUARANTOR
RE Tranquillity 8 LLC
c/o Recurrent Energy
300 California St., 7th Floor
San Francisco, CA 94104
Any and all notices between COUNTY and GUARANTOR, ROJO OWNER or VERDE
OWNER provided for in, or permitted under, this Agreement shall be in writing and shall be deemed
duly served when personally delivered to one of the parties, or in lieu of such personal services, when
deposited in the United States Mail, postage prepaid, addressed to such Party.
7. LEGAL AUTHORITY.
Each individual executing or attesting this Agreement hereby covenants, warrants, and
represents to the other Party: (1) that he or she is duly authorized to execute and deliver this Agreement
on behalf of his or her respective Party in accordance with the following: for each of GUARANTOR,
ROJO OWNER and VERDE OWNER, its respective articles of organization and operating agreement;
and for COUNTY, its governing legal authority; (2) that this Agreement is binding upon his or her
respective Party; and (3) that his or her respective Party is duly organized and legally existing in good
standing in the State of California.
8. MODIFICATION.
Any matters of this Agreement may be modified from time to time by the written consent of all
the Parties without, in any way, affecting the remainder.
9. NOTICE OF TRANSFER.
Unless there is an Event of Default, GUARANTOR, ROJO OWNER and VERDE OWNER
may, without COUNTY’s consent, transfer their respective interests in this Agreement, but only in their
entirety, to any entity or person that becomes the sole owner of the Verde Project and the Verde
Project(“Transferee”). Notwithstanding the foregoing, but still subject to the foregoing condition that
there is not an Event of Default, such transfer shall not be effective unless and until, not later than thirty
(30) calendar days after the transfer, GUARANTOR, ROJO OWNER and VERDE OWNER shall (a)
provide written notice of the transfer to COUNTY, together with the contact information for the
Transferee’s duly authorized representative for purposes of receiving and giving notices under Section
6 of this Agreement, (b) cause Transferee to execute an assignment and assumption agreement, in a
form and substance reasonably satisfactory to COUNTY, expressly assuming the obligations of the
GUARANTOR, ROJO OWNER and VERDE OWNER under this Agreement, and (c) provide evidence
reasonably satisfactory to COUNTY that the Transferee is, or shall become, a permittee under each of
CUP Nos. 3454-3457. Upon such satisfaction of the above conditions, GUARANTOR, ROJO OWNER
and VERDE OWNER shall be relieved from all obligations under this Agreement, save and except
those obligations that, by their express language, survive such an assignment and transfer.
In the event that GUARANTOR, ROJO OWNER and VERDE OWNER transfer this Agreement
as provided in this Section 9, COUNTY shall continue to have the rights under the Security.
10. RECORDATION OF EASEMENT.
To enable COUNTY to access the Property for purposes of contemplated by this Agreement,
ROJO OWNER shall cause the owner of the Rojo Property to grant to COUNTY a non-exclusive
easement over, under, on, and across the Rojo Property (the “Rojo Easement”) and VERDE OWNER
shall cause the owner of the Verde Property to grant to COUNTY a non-exclusive easement over, under,
on, and across the Verde Property (the “Verde Easement” and, collectively with the Rojo Easement,
the “Easements”). A true and complete copy of the form of the Easements is attached hereto and
incorporated herein by reference as Exhibit C. COUNTY shall have the right, upon the parties’
execution of this Agreement, to record the Easements in the official records of the County Recorder
with respect to the Property.
ROJO OWNER promises, covenants, and warrants to COUNTY that ROJO OWNER shall not,
and VERDE OWNER promises, covenants and warrants to COUNTY that VERDE OWNER shall not,
subsequent to the date of this Agreement, record any liens, encumbrances, covenants, conditions,
restrictions, reservations, contracts, leases or licenses, easements, or rights of way in the official records
of the County Recorder with respect to the Property, which interferes or will interfere with COUNTY’s
rights under the Easements, without the COUNTY’s express written consent, which shall not be
unreasonably withheld, conditioned or delayed.
ROJO OWNER promises, covenants, and warrants to COUNTY that the Lease between ROJO
OWNER and owner of the Rojo Property, as referenced in the recitals to the Rojo Easement, shall not
interfere with COUNTY’s rights under the Rojo Easement, without the COUNTY’s express written
consent, which shall not be unreasonably withheld, conditioned or delayed. VERDE OWNER promises,
covenants, and warrants to COUNTY that the Lease between VERDE OWNER and owner of the Verde
Property, as referenced in the recitals to the Verde Easement, shall not interfere with COUNTY’s rights
under the Verde Easement, without the COUNTY’s express written consent, which shall not be
unreasonably withheld, conditioned or delayed.
11. SATISFACTION OF RECLAMATION PLAN.
Upon each of ROJO OWNER’s and VERDE OWNER’s determination, in its sole discretion,
that it has satisfied each of the provisions of the Reclamation Plans applicable to it, ROJO OWNER and
VERDE OWNER, as applicable, shall, together or separately, submit written notification to the
COUNTY of such determination, which notice shall be prominently entitled “Satisfaction Notice under
Reclamation Agreement” (“Satisfaction Notice”). COUNTY shall have forty five (45) calendar days
from receiving both OWNERS’ Satisfaction Notices to determine, in its sole discretion, whether the
OWNERS have satisfied the provisions of each of the Reclamation Plans. Upon such determination,
COUNTY shall notify ROJO OWNER and VERDE OWNER in writing of its determination and
identify what provisions of the Reclamation Plans remain unsatisfied (if any), which notice shall be
prominently entitled “Notice of Dissatisfaction Under Reclamation Agreement” (“Notice of
Dissatisfaction”). Within sixty (60) calendar days of receipt of a Notice of Dissatisfaction, ROJO
OWNER or VERDE OWNER, as applicable, shall satisfy those provisions of the Reclamation Plans
identified in the Notice of Dissatisfaction, except in those instances where such compliance shall take
longer than sixty (60) calendar days, ROJO OWNER or VERDE OWNER, as applicable, shall have
such time as is reasonably necessary as long as ROJO OWNER or VERDE OWNER, as applicable, has
begun such compliance and diligently continues to pursue such compliance to completion, provided
however that all such compliance actions shall be finalized within one hundred and eighty (180) calendar
days of the OWNERS’ receipt of the first Notice of Dissatisfaction. ROJO OWNER and VERDE
OWNER, shall, together or separately, provide COUNTY written notice upon completion of the actions
set forth in the Notice of Dissatisfaction. The OWNERS’ completion of the actions set forth in the
Notice of Satisfaction shall, upon COUNTY’s determination, it is sole discretion, within forty (45)
calendar days thereof, and notice thereof, which shall be given to ROJO OWNER and VERDE OWNER
within fifteen (15) calendar days following such determination, be deemed ROJO OWNER’s and
VERDE OWNER’s satisfaction of its obligations under all of the Reclamation Plans and this
Agreement. Within ten (10) calendar days following such notice satisfaction being given by COUNTY
to OWNERS, COUNTY shall return the Cash Equivalent to GUARANTOR, and upon the delivery
thereof, this Agreement thereupon shall terminate and the rights and obligations herein shall be of no
further force or effect.
COUNTY’s failure to timely respond to ROJO OWNER’s and VERDE OWNER’s Satisfaction
Notice submitted to COUNTY, as provided herein, with COUNTY’s Notice of Dissatisfaction, as
provided herein, shall be deemed approval of the Satisfaction Notice and ROJO OWNER’s and VERDE
OWNER’s completion of their obligations under all of the Reclamation Plans and this Agreement,
provided however, such COUNTY failure to so timely respond shall not be deemed to be a cure of any
uncured Event of Default. Within ten (10) calendar days following such deemed approval, following
written request from GUARANTOR, and so long as there is no uncured Event of Default, COUNTY
shall return the Cash Equivalent to GUARANTOR, and upon the delivery thereof, this Agreement
thereupon shall terminate and the rights and obligations herein shall be of no further force or effect.
12. GOVERNING LAW; VENUE.
The rights and obligations of the Parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
California.
13. CONSTRUCTION OF AGREEMENT.
The Parties hereby acknowledge that they and their respective counsel have cooperated in the
drafting and preparation of this Agreement, for which reason this Agreement shall not be construed
against any Party as the drafter hereof.
14. COUNTERPARTS.
This Agreement may be executed in one or more original counterparts, all of which together will
constitute one and the same agreement.
15. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between GUARANTOR, ROJO OWNER,
VERDE OWNER, and COUNTY with respect to the subject matter hereof and supersedes all previous
agreements, negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement. In the event of
any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall
be resolved by giving precedence in the following order of priority: (1) first, the text of this Agreement
(excluding Exhibit A, Exhibit B, Exhibit C, and Schedule A); (2) second, Exhibit A; (3) third, Exhibit
B; and (4) fourth, Exhibit C.
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EXHIBIT A
Reclamation Plans
[See Attached]
RECLAMATION
PLAN
RE Tranquillity 4 LLC
CUP Application Number: TBD
Initial Study Application Number: TBD
Prepared For:
Fresno County Department
of Public Works & Planning
March 2014
Table of Contents
1. Project Description ........................................................................................................................... 1
2. Present Use of the Site ..................................................................................................................... 1
3. Project Facility & Equipment ............................................................................................................ 2
3.1 Photovoltaic Modules ......................................................................................................................... 2
3.2 Panel Installation, Array Assembly, and Racking ................................................................................ 2
3.3 Electrical Collection, Inverters, and Transformers .............................................................................. 3
3.4 Project Substation ............................................................................................................................... 3
3.5 Telecommunications ........................................................................................................................... 4
3.6 Battery Storage System ....................................................................................................................... 4
3.7 Meteorological Data Collection System .............................................................................................. 4
3.8 Operations and Maintenance Building and Electrical Control Building .............................................. 4
4. Project’s Useful Life .......................................................................................................................... 4
5. Property Ownership ......................................................................................................................... 4
6. Procedures for Decommissioning After Operations Cease ................................................................ 5
6.1 Timing for Removal ............................................................................................................................. 5
6.2 General Removal Process.................................................................................................................... 5
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure ................................................... 6
6.4 Use and Removal of Hazardous Materials .......................................................................................... 6
6.5 Revegetation ....................................................................................................................................... 7
7. Site Plans ......................................................................................................................................... 7
8. Engineer’s Opinion of Probable Construction Cost ............................................................................ 7
9. Financial Assurances ........................................................................................................................ 8
10. Record of Owner’s Notice of Proposed Reclamation Plan ............................................................... 8
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
Recurrent Energy 1
1. Project Description
Recurrent Energy, through its wholly owned subsidiary RE Tranquillity 4 LLC, is proposing to construct,
own, and operate a photovoltaic (PV) solar generating facility (the Project) of up to 20 megawatts (MW),
located on up to 200 acres of a property in Fresno County, California. The Project is known as the RE
Tranquillity 4 Solar Generating Facility.
The RE Tranquillity 4 Project would be located in unincorporated Fresno County, California. The site is
generally bounded by South San Bernardino Avenue to the west, West Dinuba Avenue to the north, an
unnamed dirt road west of South Ohio Avenue to the east, and West Floral Avenue to the south, as
shown in Figure 1. The proposed Project site currently includes 2 parcels; however the exact
configuration of parcels will be determined upon final approval. Currently, Assessor’s Parcel Numbers
(APN) 028‐101‐51ST and 028‐101‐53T are included in the Project footprint. The site is zoned AE, and is
designated “Exclusive Agriculture” under the Fresno County General Plan.
The Project would be surrounded by up to seven other solar photovoltaic projects proposed by
Recurrent Energy on adjacent and contiguous properties, if these projects are approved by the Fresno
County Planning Commission.
2. Present Use of the Site
The Project is located on undeveloped land that is zoned as Exclusive Agriculture and has been in low‐
yield agricultural production or left fallow intermittently for the past 10 years, as detailed in Table 1.
The site is presently owned by Westlands Water District. The Project site is subject to high levels of
selenium and a water table that does not provide for sufficient drainage for commercially irrigated
crops. As a result, all of the Project parcels were acquired by Westlands Water District in lieu of eminent
domain, taken out of commercial production, and restricted from irrigation by a drainage easement.
The Project parcels are intermittently dry farmed for winter wheat and oats, which provide the lowest
revenue per acre of any crop in Fresno County. Because the properties are cultivated without the
benefit of irrigation, the productivity of the crop depends entirely on rain and often times results in a
crop that never matures to harvest and is instead grazed as rangeland grass. Table 1 provides a ten‐year
crop history along with a record of the soil disturbance for the preparation, cultivation, and harvesting
of rain‐fed wheat and oat crops.
The Project site is classified as Farmland of Local Importance as designated by the State Department of
Conservation’s (DOC) Farmland Mapping and Monitoring Program (FMMP). The property is classified as
non‐prime farmland by the National Resources Conservation Services (NRCS).
Recurrent Energy 2
Table 1. Ten‐year Crop History for APNs in RE Tranquillity 4 Solar Generating Facility Footprint
Year Irrigation Soil Preparation Crop(s) Harvested
2013 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2012 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2011 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2010 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2009 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2008 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2007 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2006 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2005 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2004 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
3. Project Facility & Equipment
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
The Site would be secured by a 6‐ to 8‐foot‐high, chain link perimeter fence, topped with three‐strand
barbed wire, through which multiple points of ingress/egress would be accessed by locked gates.
3.1 Photovoltaic Modules
The PV modules will be manufactured at an off‐site location and then transported to the Project site.
The PV modules will be mounted on a galvanized metal racking system (that would include a metal
single‐axis utility‐scale tracker or a fixed‐tilt racking system) and would be connected to inverter‐
transformer stations. The modules will be made of a semiconductor material covered by a tempered
glass pane or otherwise sealed for long‐term outdoor durability. PV modules would be dark colored,
highly absorptive, and minimally reflective.
3.2 Panel Installation, Array Assembly, and Racking
Structures supporting the PV modules would consist of steel posts (e.g., cylindrical pipes, H‐beams, or
similar), which would be driven into the soil using pneumatic techniques, such as a hydraulic rock
hammer attachment on the boom of a rubber‐tired backhoe excavator. The posts typically would be
spaced 10 feet apart and installed to a height of approximately 4 feet above existing grade. Once the
posts have been installed, the horizontal cross‐members of the tracking system and associated motors
would be placed and secured. A galvanized metal racking system, which holds the PV modules in the
correct position for maximum capture of solar irradiance, would then be field‐assembled and attached
to the horizontal cross members.
Fixed‐tilt arrays would be oriented along an east‐west axis with panels facing generally south, and
tracking arrays would be oriented along a north‐south axis with panels tracking east to west. The total
height of the panel system measured from ground surface would be up to 12 feet.
Recurrent Energy 3
3.3 Electrical Collection, Inverters, and Transformers
Panels would be electrically connected into panel strings using wiring attached to the panel racking
system. Panel strings would be electrically connected to one other via underground wiring installed from
the panel strings to combiner boxes located throughout the PV arrays. Underground cables would be
installed to convey the direct current (DC) electricity from the combiner boxes to inverters which
convert the DC to alternating current (AC). The output voltage of the inverters would be stepped up to
the collection system voltage via transformers located in close proximity to the inverters. Underground
electrical cables (underground collection system) would be installed from the transformers to the
separate Project substations accordingly. The underground cables will have been installed using ordinary
trenching techniques, which would typically include a rubber‐tired backhoe excavator or trencher. Wire
depths would be in accordance with local, state, and federal codes, and would likely be buried at a
minimum of 18 inches below grade by excavating a trench wide enough to accommodate the cables. To
accommodate the cables, a polyvinyl chloride (PVC) conduit may be installed in the trench, or,
alternatively, cable rated for direct burial would be installed. Once cable installation is completed, the
excavated soil would likely be used to backfill the trench and be lightly compressed.
The Solar Facility would be designed and laid out in approximately 2 MW increments. Each 2 MW
increment would include an inverter‐transformer station centrally located within the PV arrays. All
electrical inverters and transformers would be placed on concrete pads or steel skids.
3.4 Project Substation
The substation areas would be excavated for the transformer equipment and control building
foundation and oil containment area. Foundations for the substation would be formed with plywood
and reinforced with structural rebar. Concrete would be poured to create foundations.
Structural components in the substation area would include:
Power transformer;
Footings and oil containment system for power transformer;
Pre‐fabricated control enclosure to enclose the protection and control equipment;
Footings for the control enclosure structure;
Metering stand;
Capacitor bank;
Busbar and short generator intertie (gen‐tie) line;
Circuit breakers and air disconnect switches; and
Dead‐end structure to connect the Project substation to a PG&E Switching Station.
The Project substations would convert power from 34.5 kV to 230 kV. The Project substation would be
transmitted via an estimated 500‐foot‐long gen‐tie into a PG&E Switching Station north of Dinuba
Avenue. The substation area would be graded and compacted to an approximately level grade. Concrete
pads would be constructed on site as foundations for substation equipment, and the remaining area
would be graveled. Electrical transformers, switchgear, and related substation facilities would be
designed and constructed to transform medium‐voltage power to high‐voltage power.
Recurrent Energy 4
The substation transformer would contain mineral oil, and the substation would be designed to
accommodate an accidental spill of transformer fluid by the use of containment‐style mounting. No
PCB‐laden fluids would be used.
3.5 Telecommunications
Within the site, the fiber optic or other cabling required for the monitoring system would typically be
installed in buried conduit, leading to a centrally located (or series of appropriately located) SCADA
system cabinets. External telecommunications connections to the SCADA system cabinets may be
through either wireless or hard wired connections to locally available commercial service providers.
Similar to electrical wiring, cable depths would likely be buried at a minimum of 18 inches below grade
by excavating a trench wide enough to accommodate the cables and conduit. Excavated soil would likely
be used to backfill the trench and be lightly compressed.
3.6 Battery Storage System
The Project may include a battery storage system, consisting of battery banks housed in electrical
enclosures and buried electrical conduit. Electrical enclosures measuring 40 feet by 8 feet by 8.5 feet
high would be installed on concrete foundations designed for secondary containment.
3.7 Meteorological Data Collection System
The Solar Facility would include a meteorological (met) data collection system. Each met station would
have multiple weather sensors: a pyranometer for measuring solar irradiance, a thermometer to
measure air temperature, a barometric pressure sensor, and wind sensors to measure speed and
direction. The four‐foot horizontal cross‐arm of each met system would include the pyranometer
mounted on the left hand side and the two wind sensors installed on a vertical mast to the right. The
temperature sensor would be mounted inside the solar shield behind the main mast. Each sensor would
be connected by cable to a data logger inside the enclosure.
3.8 Operations and Maintenance Building and Electrical Control Building
The Project would include development of an O&M building and an electrical control building. The O&M
building and control building would be constructed on concrete foundations.
4. Project’s Useful Life
The Project has an expected useful life of 35 years, with an opportunity for a lifetime of 50 years or
more, with equipment replacement and repowering. The Project consists of numerous recyclable
materials, including glass, semiconductor material, steel, wood, aluminum, copper, and plastics. When
the Project reaches the end of its operational life, the component parts can be dismantled and recycled.
The Project components will be dismantled and removed using minimal impact conventional
construction equipment and recycled or disposed of safely in accordance with all applicable laws and
regulations.
5. Property Ownership
The site is presently owned by Westlands Water District. The property owner executed an option
agreement for purchase and sale with SiteCo LLC, a wholly owned subsidiary of Recurrent Energy
Recurrent Energy 5
Development Holdings. Consequently, SiteCo LLC would become the owner of the real property at
commencement of construction of the Project.
6. Procedures for Decommissioning After Operations Cease
All decommissioning, reclamation, and restoration activities will adhere to the requirements of
appropriate governing authorities, and will be in accordance with all applicable federal, provincial, and
local permits. The reclamation and restoration process comprises removal of above ground structures;
removal of below ground foundations and infrastructure; and restoration of topsoil, re‐vegetation, and
seeding. Electrical conduit and other materials that break off more than 4 feet below the ground surface
would be decommissioned in place. Appropriate temporary (construction‐related) erosion and
sedimentation control best management practices (BMP) will be used during the reclamation phase of
the Project. The BMPs will be inspected on a regular basis to ensure their function.
6.1 Timing for Removal
Reclamation of the Project will occur within six (6) months of either: (i) the expiration of a Project’s CUP
or (ii) the abandonment of a Project without the Project owner making efforts to cure a disruption of
electricity production, whichever occurs first.
6.2 General Removal Process
Effectively, the reclamation of the Project proceeds in reverse order of the installation.
The PV facility will be disconnected from the utility power grid.
PV modules will be disconnected, collected, and either shipped to another project, salvaged, or
submitted to a collection and recycling program.
Aboveground and underground electrical interconnection and distribution cables that are no
longer deemed necessary by the local public utility company will be removed and recycled off‐
site by an approved recycling facility.
PV module racking system will be removed and recycled off‐site by an approved metals recycler.
Electrical and electronic devices, including transformers and inverters will be removed and
recycled off‐site by an approved recycler.
Concrete foundations will be removed and recycled off‐site by a concrete recycler.
Fencing will be removed and will be recycled off‐site by an approved recycler.
The only roads constructed at the site will be the interior perimeter fire break roads, which will
not be paved but rather compacted and treated to be durable and dustless. The interior roads
can either remain onsite for future use, or be removed. Very little gravel will be required onsite;
gravel would be repurposed either on‐ or off‐site.
The site may be converted to other uses in accordance with applicable land use regulations in
effect at that time of reclamation. There are no permanent changes to the site and it can be
restored to its original condition including revegetation. Any soil removed for construction
purposes will be relocated on the site or used for landscaping after construction is complete.
Recurrent Energy 6
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure
Above ground electrical wiring, equipment on the inverter pads and the interconnection transformer
pad, and other associated equipment will be removed as part of reclamation. Prior to commencing
electrical equipment removal activities, the system will be de‐energized and all external electrical lines
feeding into or out of the Project will be subject to “a lock out/tag out.” The electrical components
comprising the inverter pads and interconnection transformer pad will be salvaged and placed in
appropriate shipping containers and secured in a truck transport trailer for shipment to the next
location where it will be reused. The equipment on the inverter pads includes inverters, combiners, low
voltage switch gear and medium voltage transformers. The equipment on the interconnection
transformer pad includes medium and high voltage switchgear and a high voltage transformer. All of this
is modular and each unit is bolted to a concrete pad.
The electrical connectors to each panel will be unfastened along with the combiner boxes and
disconnect switches and the bolts and fasteners attaching each module to the racks will be removed.
Each module will be removed from the rack and placed in secure transport crates and placed into a
trailer for storage and ultimately for transportation to another facility. The bolts and reusable fasteners
will be saved for reuse also.
Once the solar modules have been removed, the racks will be disassembled and the piers supporting the
racks removed. These components will require a track hoe or equivalent piece of machinery to extract
the beams by pulling them out vertically. Both the racks and pipes or H‐beams will be scraped and sold
for salvage value. Rack disassembly involves removing bolts and stacking the rack components for
salvage.
Underground electrical equipment, including electrical wiring, will be extracted and removed from the
site. However, electrical conduit and other materials that break off more than 4 feet below the ground
surface would be decommissioned in place. The wiring is either copper or aluminum (depending on the
function/location) encapsulated in an insulating plastic material. Electrical materials consist primarily of
recyclable commodities.
O&M buildings would be disassembled, and recycled or disposed of offsite. Concrete pads supporting
inverters, transformers, and O&M buildings will be removed. All fences and gates will be maintained at
all times until the equipment decommissioning and removal process is complete and the area is ready to
be demobilized. The fence and gate will be removed and all materials recycled to the greatest extent
possible. The area will be thoroughly cleaned and all debris removed.
6.4 Use and Removal of Hazardous Materials
Relatively small quantities of hazardous materials would be used during project construction and
operation. Materials of concern that would be used during construction and operation include gasoline,
diesel fuel, inverter coolant, transformer oil, sulfur hexafluoride, and cleaning chemicals.
Hazardous and non‐hazardous wastes that are likely to be generated from project construction and
operation at the Project include waste motor oils, used transformers and transformer oil, waste
hydraulic fluids, and waste solvents and adhesives. During decommissioning activities, minor spills and
leaks of hazardous materials from vehicles or equipment could also occur. All wastes would be required
to be handled, stored, transported, and disposed of according to appropriate state and federal laws,
ordinances, regulations, and standards.
Recurrent Energy 7
Fuels, lubricants, and other materials would not be stored on the Project site, and the proposed Project
applicant would not maintain an inventory of any hazardous materials on the project site. Project
operations would not generate hazardous wastes.
On‐site transformers would be filled with oil at the manufacturing company and subsequently checked
in four‐year intervals for integrity. Transformers would be mounted with secondary containment
foundations to contain oil that may be spilled during replacement, and oils used would be 98 percent
plant seed based. Inverter coolant would be routinely and remotely monitored, with replacement
expected to occur every 15 years. All oils, lubricants, and spent filters would be collected and removed
for recycling at the time of replacement and decommissioning.
6.5 Revegetation
Following removal of all solar equipment and related infrastructure, the site will undergo a series of
steps to ensure successful revegetation. All topsoil on site will be removed and stockpiled as a first step.
The site will then be deep chiseled to a depth of at least 18 inches to remove the compaction resulting
from the original construction, O&M activities and from the decommissioning. After chiseling, compost
will be applied and the topsoil spread and then the entire site will be disked to further loosen the soil
and blend in the compost.
As a final step, an appropriate rangeland seed mixture as specified by local authorities will be broadcast
or drilled across the site. A weed‐free mulch will be spread and crimped into the soil to stabilize soils
until germination takes place. Mulching facilitates moisture retention in the soil, improving germination
and survival of the seedlings.
7. Site Plans
Copies of the latest Site Plans for RE Tranquillity 1‐8 may be found in Appendix A.
8. Engineer’s Opinion of Probable Construction Cost
To provide a conservative estimate of costs associated with the decommissioning and restoration
process, including the equipment and labor for the removal of above‐ground structures and site
reclamation, Recurrent Energy has engaged with established construction and engineering firms to
identify the number of employees and equipment types required to remove Project elements. Table 2
identifies costs for equipment and labor to remove improvements associated with the Project.
As noted above, the Project would be surrounded by, and adjacent to, up to 7 other solar projects
totaling 400 MW in all. The Project is anticipated to be decommissioned and the site reclaimed on a
similar schedule to and/or sequentially with the RE Tranquillity 1 LLC, RE Tranquillity 2 LLC, RE
Tranquillity 3 LLC, RE Tranquillity 5 LLC, RE Tranquillity 6 LLC, RE Tranquillity 7 LLC, and RE Tranquillity 8
LLC projects. As a result, economies of scale would be realized from worker and equipment efficiencies
during site decommissioning and reclamation, and there is an estimated 10% cost decrease per 20 MW.
Recurrent Energy 8
Table 2: Labor and Equipment Costs for Project Reclamation
9. Financial Assurances
The Applicant will establish and maintain a Letter of Credit from a state or national financial institution
in the amount of $132,426 prior to issuance of building permits for each Phase to be maintained
throughout the life of the Project. The dollar amount will be adjusted on an annual basis to reflect a 3
percent increase in the financial security associated with decommissioning. In lieu of a letter of credit or
as a replacement of the letter of credit during the project life, RE Tranquillity 4 LLC may establish and
maintain a Bond, Cash Payment, or Decommissioning Reserve Account to be managed by a third‐party
financial institution determined by the Project’s financiers. Automatic routing of PPA payments into the
Decommissioning Reserve Account would occur throughout the Project’s life. RE Tranquillity 4 LLC would
notify Fresno County of its election to establish this account thirty (30) days in advance and would
provide all necessary documentation in advance for staff’s review and approval. Since both the County
and the landowner have an interest in decommissioning the facility after operations or in the unlikely
event it is abandoned, the third party financial institution responsible for managing the
Decommissioning Reserve Account would have a contractual obligation to the landowners not to release
funds from the Decommissioning Reserve Account other than for payment of costs associated with
decommissioning. The detailed terms and conditions under which the funds would be permitted to be
released from the Decommissioning Reserve Account would be explicitly defined in an Escrow Account
Agreement executed by the project owner, the land owner and the selected third party institution.
10. Record of Owner’s Notice of Proposed Reclamation Plan
As discussed under Section 4, SiteCo LLC, a wholly‐owned subsidiary of Recurrent Energy Development
Holdings LLC, will be purchasing the real property from the current property owner (Westlands Water
District) prior to the start of construction. Given that the current property owner will no longer have an
ownership interest in the real property once construction commences, the owner has not been notified
of the proposed reclamation plan.
Acres: 200 MW: 20
Subtotal
Costs
Economies
of Scale
Multiplier
Total
Costs
Workers Days Hours
Labor
rate Subtotal Equipment/ fee
Hours or
number of
units Rates Subtotal Total Costs
For
Subsequent
Projects
With
Economies
of Scale
12 16 $ 50 $ 800 Container 1 $ 1,250 $ 1,250 2,050$ 55% 1,128$
42 64 $ 75 $ 4,800 low bed truck/
semi end dump
truck
32 22$ 704$ 5,504$ 55% 3,027$
99648 $ 75 $ 48,600 flat bed truck 80 32$ 2,560$ 51,160$ 55% 28,138$
10 10 800 $ 50 $ 40,000 flat bed truck 100 32$ 3,200$ 43,200$ 55% 23,760$
10 9 720 $ 50 $ 36,000 backhoe 180 162$ 29,160$ 65,160$ 55% 35,838$
55200 $ 75 $ 15,000 backhoe/ crane 50 400$ 20,000$ 35,000$ 55% 19,250$
44128 $ 40 $ 5,120 backhoe 50 162$ 8,100$ 13,220$ 55% 7,271$
44128 $ 40 $ 5,120 cat/ backhoe 40 194$ 7,760$ 12,880$ 55% 7,084$
3496 $ 40 $ 3,840 cat/ water truck 60 146$ 8,760$ 12,600$ 55% 6,930$
Subtotal $ 159,280 Subtotal 81,494$ $ 240,774 132,426$
Substation components
removed and recycled
Labor Costs Equipment Costs
Reclamation Task
Onsite oils, lubricants,
Site disced for revegetation
Electrical interconnection and
PV modules removed and
PV module support H ‐beams
Electrical and electronic
devices, including inverters,
Fencing, gates removed and
Roads, pathways, and other
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
RECLAMATION
PLAN
RE Tranquillity 5 LLC
UCUP Application Number: 3455
Prepared For:
Fresno County Department
of Public Works & Planning
August 2014
Table of Contents
1. Introduction ..................................................................................................................................... 1
2. Historical Agricultural Use ................................................................................................................ 2
3. Project Facility & Equipment ............................................................................................................ 3
3.1 Photovoltaic Modules ......................................................................................................................... 3
3.2 Panel Installation, Array Assembly, and Racking ................................................................................ 3
3.3 Electrical Collection, Inverters, and Transformers .............................................................................. 4
3.4 Project Substation ............................................................................................................................... 4
3.5 Telecommunications ........................................................................................................................... 5
3.6 Battery Storage System ....................................................................................................................... 5
3.7 Meteorological Data Collection System .............................................................................................. 5
3.8 Operations and Maintenance Building and Electrical Control Building .............................................. 5
4. Project’s Useful Life .......................................................................................................................... 5
5. Property Ownership ......................................................................................................................... 6
6. Procedures for Decommissioning After Operations Cease ................................................................ 6
6.1 Timing for Removal ............................................................................................................................. 6
6.2 General Removal Process.................................................................................................................... 6
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure ................................................... 7
6.4 Use and Removal of Hazardous Materials .......................................................................................... 7
6.5 Revegetation ....................................................................................................................................... 8
7. Site Plans ......................................................................................................................................... 8
8. Engineer’s Opinion of Probable Construction Cost ............................................................................ 8
9. Financial Assurances ........................................................................................................................ 9
10. Record of Owner’s Notice of Proposed Reclamation Plan ............................................................... 9
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
Recurrent Energy 1
1. Introduction
Recurrent Energy, through its wholly owned subsidiary RE Tranquillity 5 LLC, is proposing to construct,
own, and operate a photovoltaic (PV) solar generating facility (the Project) of up to 40 megawatts (MW),
located on up to 324 acres of a property in Fresno County, California. The Project is known as the RE
Tranquillity 5 Solar Generating Facility.
The RE Tranquillity 5 Project would be located in unincorporated Fresno County, California. The site is
generally bounded by South Derrick Avenue (State Route 33) to the west, West Floral Avenue to the
north, South Monterey Avenue to the east, and an unnamed road north of West Nebraska Avenue to
the south, as shown in Figure 1. The proposed Project site currently includes 6 parcels; however the
exact configuration of parcels will be determined upon final approval. The site includes two parcels,
including Assessor’s Parcel Numbers (APN) 038‐080‐03S, 038‐080‐35ST. The site is zoned AE, and is
designated “Exclusive Agriculture” under the Fresno County General Plan.
The Project would be surrounded by up to seven other solar photovoltaic projects proposed by
Recurrent Energy on adjacent and contiguous properties, if these projects are approved by the Fresno
Figure 1. Tranquillity 5 Solar Generating Facility
Recurrent Energy 2
County Planning Commission, as shown in Figure 2.
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
2. Historical Agricultural Use
The Project is located on undeveloped land that is zoned as Exclusive Agriculture and has been in low‐
yield agricultural production or left fallow intermittently for the past 10 years, as detailed in Table 1.
The Project site is presently owned by Westlands Water District. The site is subject to high levels of
selenium and a water table that does not provide for sufficient drainage for commercially irrigated
crops. As a result, all of the Project parcels were acquired by Westlands Water District in lieu of eminent
domain, taken out of commercial production, and restricted from irrigation by a drainage easement.
The Project parcels are intermittently dry farmed for winter wheat and oats, which provide the lowest
revenue per acre of any crop in Fresno County. Because the properties are cultivated without the
Figure 2. Tranquillity 1‐8 Solar Generating Facilities
Recurrent Energy 3
benefit of irrigation, the productivity of the crop depends entirely on rain and often times results in a
crop that never matures to harvest and is instead grazed as rangeland grass. Table 1 provides a ten‐year
crop history along with a record of the soil disturbance for the preparation, cultivation, and harvesting
of rain‐fed wheat and oat crops.
Table 1. Ten‐year Crop History for APNs in RE Tranquillity 5 Solar Generating Facility Footprint
Year Irrigation Soil Preparation Crop(s) Harvested
2013 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2012 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2011 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2010 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2009 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2008 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2007 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2006 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2005 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2004 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
3. Project Facility & Equipment
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
The Site would be secured by a 6‐ to 8‐foot‐high, chain link perimeter fence, topped with three‐strand
barbed wire, through which multiple points of ingress/egress would be accessed by locked gates.
3.1 Photovoltaic Modules
The PV modules will be manufactured at an off‐site location and then transported to the Project site.
The PV modules will be mounted on a galvanized metal racking system (that would include a metal
single‐axis utility‐scale tracker or a fixed‐tilt racking system) and would be connected to inverter‐
transformer stations. The modules will be made of a semiconductor material covered by a tempered
glass pane or otherwise sealed for long‐term outdoor durability. PV modules would be dark colored,
highly absorptive, and minimally reflective.
3.2 Panel Installation, Array Assembly, and Racking
Structures supporting the PV modules would consist of steel posts (e.g., cylindrical pipes, H‐beams, or
similar), which would be driven into the soil using pneumatic techniques, such as a hydraulic rock
hammer attachment on the boom of a rubber‐tired backhoe excavator. The posts typically would be
spaced 10 feet apart and installed to a height of approximately 4 feet above existing grade. Once the
posts have been installed, the horizontal cross‐members of the tracking system and associated motors
would be placed and secured. A galvanized metal racking system, which holds the PV modules in the
correct position for maximum capture of solar irradiance, would then be field‐assembled and attached
to the horizontal cross members.
Recurrent Energy 4
Fixed‐tilt arrays would be oriented along an east‐west axis with panels facing generally south, and
tracking arrays would be oriented along a north‐south axis with panels tracking east to west. The total
height of the panel system measured from ground surface would be up to 12 feet.
3.3 Electrical Collection, Inverters, and Transformers
Panels would be electrically connected into panel strings using wiring attached to the panel racking
system. Panel strings would be electrically connected to one other via overhead and/or underground
wiring installed from the panel strings to combiner boxes located throughout the PV arrays. Cabling
would be installed to convey the direct current (DC) electricity from the combiner boxes to inverters
which convert the DC to alternating current (AC). The output voltage of the inverters would be stepped
up to the collection system voltage via transformers located in close proximity to the inverters. Electrical
cables would be installed from the transformers to the separate Project substations accordingly.
Underground cables would be installed using ordinary trenching techniques, which would typically
include a rubber‐tired backhoe excavator or trencher. Wire depths would be in accordance with local,
state, and federal codes, and would likely be buried at a minimum of 18 inches below grade by
excavating a trench wide enough to accommodate the cables. To accommodate the cables, a polyvinyl
chloride (PVC) conduit may be installed in the trench, or, alternatively, cable rated for direct burial
would be installed. Once cable installation is completed, the excavated soil would likely be used to
backfill the trench and be lightly compressed. Where used, overhead cables would be installed on wood
poles up to 50 feet in height.
The Solar Facility would be designed and laid out in approximately 2 MW increments. Each 2 MW
increment would include an inverter‐transformer station centrally located within the PV arrays. All
electrical inverters and transformers would be placed on concrete pads or steel skids.
3.4 Project Substation
The substation areas would be excavated for the transformer equipment and control building
foundation and oil containment area. Foundations for the substation would be formed with plywood
and reinforced with structural rebar. Concrete would be poured to create foundations.
Structural components in the substation area would include:
Power transformer;
Footings and oil containment system for power transformer;
Pre‐fabricated control enclosure to enclose the protection and control equipment;
Footings for the control enclosure structure;
Metering stand;
Capacitor bank;
Busbar and short generator intertie (gen‐tie) line;
Circuit breakers and air disconnect switches; and
Dead‐end structure to connect the Project substation to a PG&E Switching Station.
Recurrent Energy 5
The Project substations would convert power from 34.5 kV to 230 kV. The Project substation would be
transmitted via an estimated 500‐foot‐long gen‐tie into a PG&E Switching Station north of Dinuba
Avenue. The substation area would be graded and compacted to an approximately level grade. Concrete
pads would be constructed on site as foundations for substation equipment, and the remaining area
would be graveled. Electrical transformers, switchgear, and related substation facilities would be
designed and constructed to transform medium‐voltage power to high‐voltage power.
The substation transformer would contain mineral oil, and the substation would be designed to
accommodate an accidental spill of transformer fluid by the use of containment‐style mounting. No
PCB‐laden fluids would be used.
3.5 Telecommunications
Within the site, the fiber optic or other cabling required for the monitoring system would typically be
installed in buried conduit, leading to a centrally located (or series of appropriately located) SCADA
system cabinets. External telecommunications connections to the SCADA system cabinets may be
through either wireless or hard wired connections to locally available commercial service providers.
Similar to electrical wiring, cable depths would likely be buried at a minimum of 18 inches below grade
by excavating a trench wide enough to accommodate the cables and conduit. Excavated soil would likely
be used to backfill the trench and be lightly compressed.
3.6 Battery Storage System
The Project may include a battery storage system, consisting of battery banks housed in electrical
enclosures and buried electrical conduit. Electrical enclosures measuring 40 feet by 8 feet by 8.5 feet
high would be installed on concrete foundations designed for secondary containment.
3.7 Meteorological Data Collection System
The Solar Facility would include a meteorological (met) data collection system. Each met station would
have multiple weather sensors: a pyranometer for measuring solar irradiance, a thermometer to
measure air temperature, a barometric pressure sensor, and wind sensors to measure speed and
direction. The four‐foot horizontal cross‐arm of each met system would include the pyranometer
mounted on the left hand side and the two wind sensors installed on a vertical mast to the right. The
temperature sensor would be mounted inside the solar shield behind the main mast. Each sensor would
be connected by cable to a data logger inside the enclosure.
3.8 Operations and Maintenance Building and Electrical Control Building
The Project would include development of an O&M building and an electrical control building. The O&M
building and control building would be constructed on concrete foundations.
4. Project’s Useful Life
The Project has an expected useful life of 35 years, with an opportunity for a lifetime of 50 years or
more, with equipment replacement and repowering. The Project consists of numerous recyclable
materials, including glass, semiconductor material, steel, wood, aluminum, copper, and plastics. When
the Project reaches the end of its operational life, the component parts can be dismantled and recycled.
The Project components will be dismantled and removed using minimal impact conventional
Recurrent Energy 6
construction equipment and recycled or disposed of safely in accordance with all applicable laws and
regulations.
5. Property Ownership
The site is presently owned by Westlands Water District. The property owner has executed an option
agreement for purchase and sale with SiteCo LLC, a wholly owned subsidiary of Recurrent Energy
Development Holdings. Consequently, SiteCo LLC would become the owner of the real property at
commencement of construction of the Project.
6. Procedures for Decommissioning After Operations Cease
All decommissioning, reclamation, and restoration activities will adhere to the requirements of
appropriate governing authorities, and will be in accordance with all applicable federal, provincial, and
local permits. The reclamation and restoration process comprises removal of above ground structures;
removal of below ground foundations and infrastructure; and restoration of topsoil, re‐vegetation, and
seeding. Electrical conduit and other materials that break off more than 4 feet below the ground surface
would be decommissioned in place. Appropriate temporary (construction‐related) erosion and
sedimentation control best management practices (BMP) will be used during the reclamation phase of
the Project. The BMPs will be inspected on a regular basis to ensure their function.
6.1 Timing for Removal
Reclamation of the Project will occur within six (6) months of either: (i) the expiration of a Project’s CUP
or (ii) the abandonment of a Project without the Project owner making efforts to cure a disruption of
electricity production, whichever occurs first.
6.2 General Removal Process
Effectively, the reclamation of the Project proceeds in reverse order of the installation.
The PV facility will be disconnected from the utility power grid.
PV modules will be disconnected, collected, and either shipped to another project, salvaged, or
submitted to a collection and recycling program.
Aboveground and underground electrical interconnection and distribution cables that are no
longer deemed necessary by the local public utility company will be removed and recycled off‐
site by an approved recycling facility.
PV module racking system will be removed and recycled off‐site by an approved metals recycler.
Electrical and electronic devices, including transformers and inverters will be removed and
recycled off‐site by an approved recycler.
Concrete foundations will be removed and recycled off‐site by a concrete recycler.
Fencing will be removed and will be recycled off‐site by an approved recycler.
The only roads constructed at the site will be the interior perimeter fire break roads, which will
not be paved but rather compacted and treated to be durable and dustless. The interior roads
can either remain onsite for future use, or be removed. Very little gravel will be required onsite;
gravel would be repurposed either on‐ or off‐site.
Recurrent Energy 7
The site may be converted to other uses in accordance with applicable land use regulations in
effect at that time of reclamation. There are no permanent changes to the site and it can be
restored to its original condition including revegetation. Any soil removed for construction
purposes will be relocated on the site or used for landscaping after construction is complete.
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure
Above ground electrical wiring, equipment on the inverter pads and the interconnection transformer
pad, and other associated equipment will be removed as part of reclamation. Prior to commencing
electrical equipment removal activities, the system will be de‐energized and all external electrical lines
feeding into or out of the Project will be subject to “a lock out/tag out.” The electrical components
comprising the inverter pads and interconnection transformer pad will be salvaged and placed in
appropriate shipping containers and secured in a truck transport trailer for shipment to the next
location where it will be reused. The equipment on the inverter pads includes inverters, combiners, low
voltage switch gear and medium voltage transformers. The equipment on the interconnection
transformer pad includes medium and high voltage switchgear and a high voltage transformer. All of this
is modular and each unit is bolted to a concrete pad.
The electrical connectors to each panel will be unfastened along with the combiner boxes and
disconnect switches and the bolts and fasteners attaching each module to the racks will be removed.
Each module will be removed from the rack and placed in secure transport crates and placed into a
trailer for storage and ultimately for transportation to another facility. The bolts and reusable fasteners
will be saved for reuse also.
Once the solar modules have been removed, the racks will be disassembled and the piers supporting the
racks removed. These components will require a track hoe or equivalent piece of machinery to extract
the beams by pulling them out vertically. Both the racks and pipes or H‐beams will be scraped and sold
for salvage value. Rack disassembly involves removing bolts and stacking the rack components for
salvage.
Underground electrical equipment, including electrical wiring, will be extracted and removed from the
site. However, electrical conduit and other materials that break off more than 4 feet below the ground
surface would be decommissioned in place. The wiring is either copper or aluminum (depending on the
function/location) encapsulated in an insulating plastic material. Electrical materials consist primarily of
recyclable commodities.
O&M buildings would be disassembled, and recycled or disposed of offsite. Concrete pads supporting
inverters, transformers, and O&M buildings will be removed. All fences and gates will be maintained at
all times until the equipment decommissioning and removal process is complete and the area is ready to
be demobilized. The fence and gate will be removed and all materials recycled to the greatest extent
possible. The area will be thoroughly cleaned and all debris removed.
6.4 Use and Removal of Hazardous Materials
Relatively small quantities of hazardous materials would be used during project construction and
operation. Materials of concern that would be used during construction and operation include gasoline,
diesel fuel, inverter coolant, transformer oil, sulfur hexafluoride, and cleaning chemicals.
Hazardous and non‐hazardous wastes that are likely to be generated from project construction and
operation at the Project include waste motor oils, used transformers and transformer oil, waste
hydraulic fluids, and waste solvents and adhesives. During decommissioning activities, minor spills and
Recurrent Energy 8
leaks of hazardous materials from vehicles or equipment could also occur. All wastes would be required
to be handled, stored, transported, and disposed of according to appropriate state and federal laws,
ordinances, regulations, and standards.
Fuels, lubricants, and other materials would not be stored on the Project site, and the proposed Project
applicant would not maintain an inventory of any hazardous materials on the project site. Project
operations would not generate hazardous wastes.
On‐site transformers would be filled with oil at the manufacturing company and subsequently checked
in four‐year intervals for integrity. Transformers would be mounted with secondary containment
foundations to contain oil that may be spilled during replacement, and oils used would be 98 percent
plant seed based. Inverter coolant would be routinely and remotely monitored, with replacement
expected to occur every 15 years. All oils, lubricants, and spent filters would be collected and removed
for recycling at the time of replacement and decommissioning.
6.5 Revegetation
Following removal of all solar equipment and related infrastructure, the site will undergo a series of
steps to ensure successful revegetation. All topsoil on site will be removed and stockpiled as a first step.
The site will then be deep chiseled to a depth of at least 18 inches to remove the compaction resulting
from the original construction, O&M activities and from the decommissioning. After chiseling, compost
will be applied and the topsoil spread and then the entire site will be disked to further loosen the soil
and blend in the compost.
As a final step, an appropriate rangeland seed mixture as specified by local authorities will be broadcast
or drilled across the site. A weed‐free mulch will be spread and crimped into the soil to stabilize soils
until germination takes place. Mulching facilitates moisture retention in the soil, improving germination
and survival of the seedlings.
7. Site Plans
Copies of the latest Site Plans for RE Tranquillity 1‐8 may be found in Appendix A.
8. Engineer’s Opinion of Probable Construction Cost
To provide a conservative estimate of costs associated with the decommissioning and restoration
process, including the equipment and labor for the removal of above‐ground structures and site
reclamation, Recurrent Energy has engaged with established construction and engineering firms to
identify the number of employees and equipment types required to remove Project elements. Table 2
identifies costs for equipment and labor to remove improvements associated with the Project.
As noted above, the Project would be surrounded by, and adjacent to, up to 7 other solar projects
totaling 400 MW in all. The Project is anticipated to be decommissioned and the site reclaimed on a
similar schedule to and/or sequentially with the RE Tranquillity 1 LLC, RE Tranquillity 2 LLC, RE
Tranquillity 3 LLC, RE Tranquillity 4 LLC, RE Tranquillity 6 LLC, RE Tranquillity 7 LLC, and RE Tranquillity 8
LLC projects. As a result, economies of scale would be realized from worker and equipment efficiencies
during site decommissioning and reclamation, and there is an estimated 10% cost decrease per 20 MW.
Recurrent Energy 9
Table 2: Labor and Equipment Costs for Project Reclamation
9. Financial Assurances
The Applicant will establish and maintain a Letter of Credit from a state or national financial institution
in the amount of $219,704 prior to issuance of building permits for each Phase to be maintained
throughout the life of the Project. The dollar amount will be adjusted on an annual basis to reflect a 3
percent increase in the financial security associated with decommissioning. In lieu of a letter of credit or
as a replacement of the letter of credit during the project life, RE Tranquillity 5 LLC may establish and
maintain a Bond, Cash Payment, or Decommissioning Reserve Account to be managed by a third‐party
financial institution determined by the Project’s financiers. Automatic routing of PPA payments into the
Decommissioning Reserve Account would occur throughout the Project’s life. RE Tranquillity 5 LLC would
notify Fresno County of its election to establish this account thirty (30) days in advance and would
provide all necessary documentation in advance for staff’s review and approval. Since both the County
and the landowner have an interest in decommissioning the facility after operations or in the unlikely
event it is abandoned, the third party financial institution responsible for managing the
Decommissioning Reserve Account would have a contractual obligation to the landowners not to release
funds from the Decommissioning Reserve Account other than for payment of costs associated with
decommissioning. The detailed terms and conditions under which the funds would be permitted to be
released from the Decommissioning Reserve Account would be explicitly defined in an Escrow Account
Agreement executed by the project owner, the land owner and the selected third party institution.
10. Record of Owner’s Notice of Proposed Reclamation Plan
As discussed under Section 4, SiteCo LLC, a wholly‐owned subsidiary of Recurrent Energy Development
Holdings LLC, will be purchasing the real property from the current property owner (Westlands Water
District) prior to the start of construction. Given that the current property owner will no longer have an
ownership interest in the real property once construction commences, the owner has not been notified
of the proposed reclamation plan.
Acres: 324 MW: 40
Total
Costs
Workers Days Hours
Labor
rate Subtotal
Equipment/
fee
Hours or
number of
units Rates Subtotal Total Costs
1216 $ 50 $ 800 Container 2 $ 1,250 $ 2,500 3,300$
4264 $ 75 $ 4,800 low bed
truck/ semi
end dump
truck
32 22$ 704$ 5,504$
8 9 576 $ 75 $ 43,200 flat bed
truck
80 32$ 2,560$ 45,760$
8 10 640 $ 50 $ 32,000 flat bed
truck
100 32$ 3,200$ 35,200$
8 9 576 $ 50 $ 28,800 backhoe 180 162$ 29,160$ 57,960$
4 5 160 $ 75 $ 12,000 backhoe/
crane
50 400$ 20,000$ 32,000$
4 4 128 $ 40 $ 5,120 backhoe 50 162$ 8,100$ 13,220$
4 4 128 $ 40 $ 5,120 cat/ backhoe 40 194$ 7,760$ 12,880$
4 4 128 $ 40 $ 5,120 cat/ water
truck
60 146$ 8,760$ 13,880$
Subtotal $ 136,960 Subtotal 82,744$ $ 219,704
Substation components removed
and recycled
Labor Costs Equipment Costs
Reclamation Task
Onsite oils, lubricants, removed
Site disced for revegetation
Electrical interconnection and
distribution cables removed and
PV modules removed and recycled
PV module support H‐beams and
Electrical and electronic devices,
including inverters, removed and
Fencing, gates removed and
Roads, pathways, and other
compacted areas removed (if
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
RECLAMATION
PLAN
RE Tranquillity 6 LLC
UCUP Application Number: 3456
Prepared For:
Fresno County Department
of Public Works & Planning
August 2014
Table of Contents
1. Introduction ..................................................................................................................................... 1
2. Historical Agricultural Use ................................................................................................................ 2
3. Project Facility & Equipment ............................................................................................................ 3
3.1 Photovoltaic Modules ......................................................................................................................... 3
3.2 Panel Installation, Array Assembly, and Racking ................................................................................ 3
3.3 Electrical Collection, Inverters, and Transformers .............................................................................. 4
3.4 Project Substation ............................................................................................................................... 4
3.5 Telecommunications ........................................................................................................................... 5
3.6 Battery Storage System ....................................................................................................................... 5
3.7 Meteorological Data Collection System .............................................................................................. 5
3.8 Operations and Maintenance Building and Electrical Control Building .............................................. 5
4. Project’s Useful Life .......................................................................................................................... 5
5. Property Ownership ......................................................................................................................... 6
6. Procedures for Decommissioning After Operations Cease ................................................................ 6
6.1 Timing for Removal ............................................................................................................................. 6
6.2 General Removal Process.................................................................................................................... 6
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure ................................................... 7
6.4 Use and Removal of Hazardous Materials .......................................................................................... 7
6.5 Revegetation ....................................................................................................................................... 8
7. Site Plans ......................................................................................................................................... 8
8. Engineer’s Opinion of Probable Construction Cost ............................................................................ 8
9. Financial Assurances ........................................................................................................................ 9
10. Record of Owner’s Notice of Proposed Reclamation Plan ............................................................... 9
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
Recurrent Energy 1
1. Introduction
Recurrent Energy, through its wholly owned subsidiary RE Tranquillity 6 LLC, is proposing to construct,
own, and operate a photovoltaic (PV) solar generating facility (the Project) of up to 35 megawatts (MW),
located on up to 321 acres of a property in Fresno County, California. The Project is known as the RE
Tranquillity 6 Solar Generating Facility.
The RE Tranquillity 6 Project would be located in unincorporated Fresno County, California. The site is
generally bounded by South Derrick Avenue (State Route 33) to the west, and unnamed road north of
West Floral Avenue to the north, South Monterey Avenue to the east, and West Floral Avenue to the
south, as shown in Figure 1. The proposed Project site includes 6 parcels, including Assessor’s Parcel
Numbers (APN) 028‐111‐44ST, 028‐111‐45T, 028‐111‐46T, 028‐111‐47ST, 028‐111‐52ST, and 028‐111‐
53ST. The site is zoned AE, and is designated “Exclusive Agriculture” under the Fresno County General
Plan.
The Project would be surrounded by up to seven other solar photovoltaic projects proposed by
Recurrent Energy on adjacent and contiguous properties, if these projects are approved by the Fresno
Figure 1. Tranquillity 6 Solar Generating Facility
Recurrent Energy 2
County Planning Commission, as shown in Figure 2.
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
2. Historical Agricultural Use
The Project is located on undeveloped land that is zoned as Exclusive Agriculture and has been in low‐
yield agricultural production or left fallow intermittently for the past 10 years, as detailed in Table 1.
The Project site is presently owned by Westlands Water District. The site is subject to high levels of
selenium and a water table that does not provide for sufficient drainage for commercially irrigated
crops. As a result, all of the Project parcels were acquired by Westlands Water District in lieu of eminent
domain, taken out of commercial production, and restricted from irrigation by a drainage easement.
The Project parcels are intermittently dry farmed for winter wheat and oats, which provide the lowest
revenue per acre of any crop in Fresno County. Because the properties are cultivated without the
benefit of irrigation, the productivity of the crop depends entirely on rain and often times results in a
Figure 2. Tranquillity 1‐8 Solar Generating Facilities
Recurrent Energy 3
crop that never matures to harvest and is instead grazed as rangeland grass. Table 1 provides a ten‐year
crop history along with a record of the soil disturbance for the preparation, cultivation, and harvesting
of rain‐fed wheat and oat crops.
Table 1. Ten‐year Crop History for APNs in RE Tranquillity 6 Solar Generating Facility Footprint
Year Irrigation Soil Preparation Crop(s) Harvested
2013 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2012 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2011 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2010 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2009 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2008 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2007 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2006 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2005 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2004 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
3. Project Facility & Equipment
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
The Site would be secured by a 6‐ to 8‐foot‐high, chain link perimeter fence, topped with three‐strand
barbed wire, through which multiple points of ingress/egress would be accessed by locked gates.
3.1 Photovoltaic Modules
The PV modules will be manufactured at an off‐site location and then transported to the Project site.
The PV modules will be mounted on a galvanized metal racking system (that would include a metal
single‐axis utility‐scale tracker or a fixed‐tilt racking system) and would be connected to inverter‐
transformer stations. The modules will be made of a semiconductor material covered by a tempered
glass pane or otherwise sealed for long‐term outdoor durability. PV modules would be dark colored,
highly absorptive, and minimally reflective.
3.2 Panel Installation, Array Assembly, and Racking
Structures supporting the PV modules would consist of steel posts (e.g., cylindrical pipes, H‐beams, or
similar), which would be driven into the soil using pneumatic techniques, such as a hydraulic rock
hammer attachment on the boom of a rubber‐tired backhoe excavator. The posts typically would be
spaced 10 feet apart and installed to a height of approximately 4 feet above existing grade. Once the
posts have been installed, the horizontal cross‐members of the tracking system and associated motors
would be placed and secured. A galvanized metal racking system, which holds the PV modules in the
correct position for maximum capture of solar irradiance, would then be field‐assembled and attached
to the horizontal cross members.
Fixed‐tilt arrays would be oriented along an east‐west axis with panels facing generally south, and
tracking arrays would be oriented along a north‐south axis with panels tracking east to west. The total
height of the panel system measured from ground surface would be up to 12 feet.
Recurrent Energy 4
3.3 Electrical Collection, Inverters, and Transformers
Panels would be electrically connected into panel strings using wiring attached to the panel racking
system. Panel strings would be electrically connected to one other via overhead and/or underground
wiring installed from the panel strings to combiner boxes located throughout the PV arrays. Cabling
would be installed to convey the direct current (DC) electricity from the combiner boxes to inverters
which convert the DC to alternating current (AC). The output voltage of the inverters would be stepped
up to the collection system voltage via transformers located in close proximity to the inverters. Electrical
cables would be installed from the transformers to the separate Project substations accordingly.
Underground cables would be installed using ordinary trenching techniques, which would typically
include a rubber‐tired backhoe excavator or trencher. Wire depths would be in accordance with local,
state, and federal codes, and would likely be buried at a minimum of 18 inches below grade by
excavating a trench wide enough to accommodate the cables. To accommodate the cables, a polyvinyl
chloride (PVC) conduit may be installed in the trench, or, alternatively, cable rated for direct burial
would be installed. Once cable installation is completed, the excavated soil would likely be used to
backfill the trench and be lightly compressed. Where used, overhead cables would be installed on wood
poles up to 50 feet in height.
The Solar Facility would be designed and laid out in approximately 2 MW increments. Each 2 MW
increment would include an inverter‐transformer station centrally located within the PV arrays. All
electrical inverters and transformers would be placed on concrete pads or steel skids.
3.4 Project Substation
The substation areas would be excavated for the transformer equipment and control building
foundation and oil containment area. Foundations for the substation would be formed with plywood
and reinforced with structural rebar. Concrete would be poured to create foundations.
Structural components in the substation area would include:
Power transformer;
Footings and oil containment system for power transformer;
Pre‐fabricated control enclosure to enclose the protection and control equipment;
Footings for the control enclosure structure;
Metering stand;
Capacitor bank;
Busbar and short generator intertie (gen‐tie) line;
Circuit breakers and air disconnect switches; and
Dead‐end structure to connect the Project substation to a PG&E Switching Station.
The Project substations would convert power from 34.5 kV to 230 kV. The Project substation would be
transmitted via an estimated 500‐foot‐long gen‐tie into a PG&E Switching Station north of Dinuba
Avenue. The substation area would be graded and compacted to an approximately level grade. Concrete
pads would be constructed on site as foundations for substation equipment, and the remaining area
Recurrent Energy 5
would be graveled. Electrical transformers, switchgear, and related substation facilities would be
designed and constructed to transform medium‐voltage power to high‐voltage power.
The substation transformer would contain mineral oil, and the substation would be designed to
accommodate an accidental spill of transformer fluid by the use of containment‐style mounting. No
PCB‐laden fluids would be used.
3.5 Telecommunications
Within the site, the fiber optic or other cabling required for the monitoring system would typically be
installed in buried conduit, leading to a centrally located (or series of appropriately located) SCADA
system cabinets. External telecommunications connections to the SCADA system cabinets may be
through either wireless or hard wired connections to locally available commercial service providers.
Similar to electrical wiring, cable depths would likely be buried at a minimum of 18 inches below grade
by excavating a trench wide enough to accommodate the cables and conduit. Excavated soil would likely
be used to backfill the trench and be lightly compressed.
3.6 Battery Storage System
The Project may include a battery storage system, consisting of battery banks housed in electrical
enclosures and buried electrical conduit. Electrical enclosures measuring 40 feet by 8 feet by 8.5 feet
high would be installed on concrete foundations designed for secondary containment.
3.7 Meteorological Data Collection System
The Solar Facility would include a meteorological (met) data collection system. Each met station would
have multiple weather sensors: a pyranometer for measuring solar irradiance, a thermometer to
measure air temperature, a barometric pressure sensor, and wind sensors to measure speed and
direction. The four‐foot horizontal cross‐arm of each met system would include the pyranometer
mounted on the left hand side and the two wind sensors installed on a vertical mast to the right. The
temperature sensor would be mounted inside the solar shield behind the main mast. Each sensor would
be connected by cable to a data logger inside the enclosure.
3.8 Operations and Maintenance Building and Electrical Control Building
The Project would include development of an O&M building and an electrical control building. The O&M
building and control building would be constructed on concrete foundations.
4. Project’s Useful Life
The Project has an expected useful life of 35 years, with an opportunity for a lifetime of 50 years or
more, with equipment replacement and repowering. The Project consists of numerous recyclable
materials, including glass, semiconductor material, steel, wood, aluminum, copper, and plastics. When
the Project reaches the end of its operational life, the component parts can be dismantled and recycled.
The Project components will be dismantled and removed using minimal impact conventional
construction equipment and recycled or disposed of safely in accordance with all applicable laws and
regulations.
Recurrent Energy 6
5. Property Ownership
The site is presently owned by Westlands Water District. The property owner has executed an option
agreement for purchase and sale with SiteCo LLC, a wholly owned subsidiary of Recurrent Energy
Development Holdings. Consequently, SiteCo LLC would become the owner of the real property at
commencement of construction of the Project.
6. Procedures for Decommissioning After Operations Cease
All decommissioning, reclamation, and restoration activities will adhere to the requirements of
appropriate governing authorities, and will be in accordance with all applicable federal, provincial, and
local permits. The reclamation and restoration process comprises removal of above ground structures;
removal of below ground foundations and infrastructure; and restoration of topsoil, re‐vegetation, and
seeding. Electrical conduit and other materials that break off more than 4 feet below the ground surface
would be decommissioned in place. Appropriate temporary (construction‐related) erosion and
sedimentation control best management practices (BMP) will be used during the reclamation phase of
the Project. The BMPs will be inspected on a regular basis to ensure their function.
6.1 Timing for Removal
Reclamation of the Project will occur within six (6) months of either: (i) the expiration of a Project’s CUP
or (ii) the abandonment of a Project without the Project owner making efforts to cure a disruption of
electricity production, whichever occurs first.
6.2 General Removal Process
Effectively, the reclamation of the Project proceeds in reverse order of the installation.
The PV facility will be disconnected from the utility power grid.
PV modules will be disconnected, collected, and either shipped to another project, salvaged, or
submitted to a collection and recycling program.
Aboveground and underground electrical interconnection and distribution cables that are no
longer deemed necessary by the local public utility company will be removed and recycled off‐
site by an approved recycling facility.
PV module racking system will be removed and recycled off‐site by an approved metals recycler.
Electrical and electronic devices, including transformers and inverters will be removed and
recycled off‐site by an approved recycler.
Concrete foundations will be removed and recycled off‐site by a concrete recycler.
Fencing will be removed and will be recycled off‐site by an approved recycler.
The only roads constructed at the site will be the interior perimeter fire break roads, which will
not be paved but rather compacted and treated to be durable and dustless. The interior roads
can either remain onsite for future use, or be removed. Very little gravel will be required onsite;
gravel would be repurposed either on‐ or off‐site.
The site may be converted to other uses in accordance with applicable land use regulations in
effect at that time of reclamation. There are no permanent changes to the site and it can be
Recurrent Energy 7
restored to its original condition including revegetation. Any soil removed for construction
purposes will be relocated on the site or used for landscaping after construction is complete.
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure
Above ground electrical wiring, equipment on the inverter pads and the interconnection transformer
pad, and other associated equipment will be removed as part of reclamation. Prior to commencing
electrical equipment removal activities, the system will be de‐energized and all external electrical lines
feeding into or out of the Project will be subject to “a lock out/tag out.” The electrical components
comprising the inverter pads and interconnection transformer pad will be salvaged and placed in
appropriate shipping containers and secured in a truck transport trailer for shipment to the next
location where it will be reused. The equipment on the inverter pads includes inverters, combiners, low
voltage switch gear and medium voltage transformers. The equipment on the interconnection
transformer pad includes medium and high voltage switchgear and a high voltage transformer. All of this
is modular and each unit is bolted to a concrete pad.
The electrical connectors to each panel will be unfastened along with the combiner boxes and
disconnect switches and the bolts and fasteners attaching each module to the racks will be removed.
Each module will be removed from the rack and placed in secure transport crates and placed into a
trailer for storage and ultimately for transportation to another facility. The bolts and reusable fasteners
will be saved for reuse also.
Once the solar modules have been removed, the racks will be disassembled and the piers supporting the
racks removed. These components will require a track hoe or equivalent piece of machinery to extract
the beams by pulling them out vertically. Both the racks and pipes or H‐beams will be scraped and sold
for salvage value. Rack disassembly involves removing bolts and stacking the rack components for
salvage.
Underground electrical equipment, including electrical wiring, will be extracted and removed from the
site. However, electrical conduit and other materials that break off more than 4 feet below the ground
surface would be decommissioned in place. The wiring is either copper or aluminum (depending on the
function/location) encapsulated in an insulating plastic material. Electrical materials consist primarily of
recyclable commodities.
O&M buildings would be disassembled, and recycled or disposed of offsite. Concrete pads supporting
inverters, transformers, and O&M buildings will be removed. All fences and gates will be maintained at
all times until the equipment decommissioning and removal process is complete and the area is ready to
be demobilized. The fence and gate will be removed and all materials recycled to the greatest extent
possible. The area will be thoroughly cleaned and all debris removed.
6.4 Use and Removal of Hazardous Materials
Relatively small quantities of hazardous materials would be used during project construction and
operation. Materials of concern that would be used during construction and operation include gasoline,
diesel fuel, inverter coolant, transformer oil, sulfur hexafluoride, and cleaning chemicals.
Hazardous and non‐hazardous wastes that are likely to be generated from project construction and
operation at the Project include waste motor oils, used transformers and transformer oil, waste
hydraulic fluids, and waste solvents and adhesives. During decommissioning activities, minor spills and
leaks of hazardous materials from vehicles or equipment could also occur. All wastes would be required
Recurrent Energy 8
to be handled, stored, transported, and disposed of according to appropriate state and federal laws,
ordinances, regulations, and standards.
Fuels, lubricants, and other materials would not be stored on the Project site, and the proposed Project
applicant would not maintain an inventory of any hazardous materials on the project site. Project
operations would not generate hazardous wastes.
On‐site transformers would be filled with oil at the manufacturing company and subsequently checked
in four‐year intervals for integrity. Transformers would be mounted with secondary containment
foundations to contain oil that may be spilled during replacement, and oils used would be 98 percent
plant seed based. Inverter coolant would be routinely and remotely monitored, with replacement
expected to occur every 15 years. All oils, lubricants, and spent filters would be collected and removed
for recycling at the time of replacement and decommissioning.
6.5 Revegetation
Following removal of all solar equipment and related infrastructure, the site will undergo a series of
steps to ensure successful revegetation. All topsoil on site will be removed and stockpiled as a first step.
The site will then be deep chiseled to a depth of at least 18 inches to remove the compaction resulting
from the original construction, O&M activities and from the decommissioning. After chiseling, compost
will be applied and the topsoil spread and then the entire site will be disked to further loosen the soil
and blend in the compost.
As a final step, an appropriate rangeland seed mixture as specified by local authorities will be broadcast
or drilled across the site. A weed‐free mulch will be spread and crimped into the soil to stabilize soils
until germination takes place. Mulching facilitates moisture retention in the soil, improving germination
and survival of the seedlings.
7. Site Plans
Copies of the latest Site Plans for RE Tranquillity 1‐8 may be found in Appendix A.
8. Engineer’s Opinion of Probable Construction Cost
To provide a conservative estimate of costs associated with the decommissioning and restoration
process, including the equipment and labor for the removal of above‐ground structures and site
reclamation, Recurrent Energy has engaged with established construction and engineering firms to
identify the number of employees and equipment types required to remove Project elements. Table 2
identifies costs for equipment and labor to remove improvements associated with the Project.
As noted above, the Project would be surrounded by, and adjacent to, up to 7 other solar projects
totaling 400 MW in all. The Project is anticipated to be decommissioned and the site reclaimed on a
similar schedule to and/or sequentially with the RE Tranquillity 1 LLC, RE Tranquillity 2 LLC, RE
Tranquillity 3 LLC, RE Tranquillity 4 LLC, RE Tranquillity 5 LLC, RE Tranquillity 7 LLC, and RE Tranquillity 8
LLC projects. As a result, economies of scale would be realized from worker and equipment efficiencies
during site decommissioning and reclamation, and there is an estimated 10% cost decrease per 20 MW.
Recurrent Energy 9
Table 2: Labor and Equipment Costs for Project Reclamation
9. Financial Assurances
The Applicant will establish and maintain a Letter of Credit from a state or national financial institution
in the amount of $196,361 prior to issuance of building permits for each Phase to be maintained
throughout the life of the Project. The dollar amount will be adjusted on an annual basis to reflect a 3
percent increase in the financial security associated with decommissioning. In lieu of a letter of credit or
as a replacement of the letter of credit during the project life, RE Tranquillity 6 LLC may establish and
maintain a Bond, Cash Payment, or Decommissioning Reserve Account to be managed by a third‐party
financial institution determined by the Project’s financiers. Automatic routing of PPA payments into the
Decommissioning Reserve Account would occur throughout the Project’s life. RE Tranquillity 6 LLC would
notify Fresno County of its election to establish this account thirty (30) days in advance and would
provide all necessary documentation in advance for staff’s review and approval. Since both the County
and the landowner have an interest in decommissioning the facility after operations or in the unlikely
event it is abandoned, the third party financial institution responsible for managing the
Decommissioning Reserve Account would have a contractual obligation to the landowners not to release
funds from the Decommissioning Reserve Account other than for payment of costs associated with
decommissioning. The detailed terms and conditions under which the funds would be permitted to be
released from the Decommissioning Reserve Account would be explicitly defined in an Escrow Account
Agreement executed by the project owner, the land owner and the selected third party institution.
10. Record of Owner’s Notice of Proposed Reclamation Plan
As discussed under Section 4, SiteCo LLC, a wholly‐owned subsidiary of Recurrent Energy Development
Holdings LLC, will be purchasing the real property from the current property owner (Westlands Water
District) prior to the start of construction. Given that the current property owner will no longer have an
ownership interest in the real property once construction commences, the owner has not been notified
of the proposed reclamation plan.
Acres: 321 MW: 35
Total
Costs
Workers Days Hours Labor rate Subtotal Equipment/ fee
Hours or
number of
units Rates Subtotal Costs
1216 $ 50 $ 800 Container 1.75 $ 1,250 $ 2,188 2,988$
4264 $ 75 $ 4,800 low bed truck/
semi end dump
truck
28 22$ 616$ 5,416$
79504 $ 75 $ 37,800 flat bed truck 70 32$ 2,240$ 40,040$
710560 $ 50 $ 28,000 flat bed truck 87.5 32$ 2,800$ 30,800$
79504 $ 50 $ 25,200 backhoe 157.5 162$ 25,515$ 50,715$
45160 $ 75 $ 12,000 backhoe/ crane 43.75 400$ 17,500$ 29,500$
44128 $ 40 $ 5,120 backhoe 43.75 162$ 7,088$ 12,208$
44128 $ 40 $ 5,120 cat/ backhoe 35 194$ 6,790$ 11,910$
44128 $ 40 $ 5,120 cat/ water truck 52.5 146$ 7,665$ 12,785$
Subtotal $ 123,960 Subtotal 72,401$ $ 196,361
Substation components removed
and recycled
Labor Costs Equipment Costs
Reclamation Task
Onsite oils, lubricants, removed
Site disced for revegetation
Electrical interconnection and
PV modules removed and recycled
PV module support H‐beams and
Electrical and electronic devices,
Fencing, gates removed and
Roads, pathways, and other
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
RECLAMATION
PLAN
RE Tranquillity 7 LLC
UCUP Application Number: 3457
Prepared For:
Fresno County Department
of Public Works & Planning
August 2014
Table of Contents
1. Introduction ..................................................................................................................................... 1
2. Historical Agricultural Use ................................................................................................................ 2
3. Project Facility & Equipment ............................................................................................................ 3
3.1 Photovoltaic Modules ......................................................................................................................... 3
3.2 Panel Installation, Array Assembly, and Racking ................................................................................ 3
3.3 Electrical Collection, Inverters, and Transformers .............................................................................. 4
3.4 Project Substation ............................................................................................................................... 4
3.5 Telecommunications ........................................................................................................................... 5
3.6 Battery Storage System ....................................................................................................................... 5
3.7 Meteorological Data Collection System .............................................................................................. 5
3.8 Operations and Maintenance Building and Electrical Control Building .............................................. 5
4. Project’s Useful Life .......................................................................................................................... 5
5. Property Ownership ......................................................................................................................... 6
6. Procedures for Decommissioning After Operations Cease ................................................................ 6
6.1 Timing for Removal ............................................................................................................................. 6
6.2 General Removal Process.................................................................................................................... 6
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure ................................................... 7
6.4 Use and Removal of Hazardous Materials .......................................................................................... 7
6.5 Revegetation ....................................................................................................................................... 8
7. Site Plans ......................................................................................................................................... 8
8. Engineer’s Opinion of Probable Construction Cost ............................................................................ 8
9. Financial Assurances ........................................................................................................................ 9
10. Record of Owner’s Notice of Proposed Reclamation Plan ............................................................... 9
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
Recurrent Energy 1
1. Introduction
Recurrent Energy, through its wholly owned subsidiary RE Tranquillity 7 LLC, is proposing to construct,
own, and operate a photovoltaic (PV) solar generating facility (the Project) of up to 20 megawatts (MW),
located on up to 166 acres of a property in Fresno County, California. The Project is known as the RE
Tranquillity 7 Solar Generating Facility.
The RE Tranquillity 7 Project would be located in unincorporated Fresno County, California. The site is
generally bounded by South Monterey Avenue to the west, an unnamed road north of West Floral
Avenue to the south, South San Benito Avenue to the east, and West Floral Avenue to the south, as
shown in Figure 1. The proposed Project site includes 1 parcels: Assessor’s Parcel Number (APN) 028‐
111‐43ST. The site is zoned AE, and is designated “Exclusive Agriculture” under the Fresno County
General Plan.
The Project would be surrounded by up to seven other solar photovoltaic projects proposed by
Recurrent Energy on adjacent and contiguous properties, if these projects are approved by the Fresno
County Planning Commission, as shown in Figure 2.
Figure 1. Tranquillity 7 Solar Generating Facility
Recurrent Energy 2
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
2. Historical Agricultural Use
The Project is located on undeveloped land that is zoned as Exclusive Agriculture and has been in low‐
yield agricultural production or left fallow intermittently for the past 10 years, as detailed in Table 1.
The Project site is presently owned by Westlands Water District. The site is subject to high levels of
selenium and a water table that does not provide for sufficient drainage for commercially irrigated
crops. As a result, all of the Project parcels were acquired by Westlands Water District in lieu of eminent
domain, taken out of commercial production, and restricted from irrigation by a drainage easement.
The Project parcels are intermittently dry farmed for winter wheat and oats, which provide the lowest
revenue per acre of any crop in Fresno County. Because the properties are cultivated without the
benefit of irrigation, the productivity of the crop depends entirely on rain and often times results in a
crop that never matures to harvest and is instead grazed as rangeland grass. Table 1 provides a ten‐year
crop history along with a record of the soil disturbance for the preparation, cultivation, and harvesting
Figure 2. Tranquillity 1‐8 Solar Generating Facilities
Recurrent Energy 3
of rain‐fed wheat and oat crops.
Table 1. Ten‐year Crop History for APNs in RE Tranquillity 7 Solar Generating Facility Footprint
Year Irrigation Soil Preparation Crop(s) Harvested
2013 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2012 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2011 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2010 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2009 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2008 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2007 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2006 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2005 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
2004 Not Irrigated Tilled, seeded, harvested & tilled Rain‐fed wheat and oats
3. Project Facility & Equipment
The proposed Project would be comprised of solar panels, inverters, access roads, an operations and
maintenance (O&M) building, and electrical equipment including substations, battery storage
enclosures, and wiring.
The Site would be secured by a 6‐ to 8‐foot‐high, chain link perimeter fence, topped with three‐strand
barbed wire, through which multiple points of ingress/egress would be accessed by locked gates.
3.1 Photovoltaic Modules
The PV modules will be manufactured at an off‐site location and then transported to the Project site.
The PV modules will be mounted on a galvanized metal racking system (that would include a metal
single‐axis utility‐scale tracker or a fixed‐tilt racking system) and would be connected to inverter‐
transformer stations. The modules will be made of a semiconductor material covered by a tempered
glass pane or otherwise sealed for long‐term outdoor durability. PV modules would be dark colored,
highly absorptive, and minimally reflective.
3.2 Panel Installation, Array Assembly, and Racking
Structures supporting the PV modules would consist of steel posts (e.g., cylindrical pipes, H‐beams, or
similar), which would be driven into the soil using pneumatic techniques, such as a hydraulic rock
hammer attachment on the boom of a rubber‐tired backhoe excavator. The posts typically would be
spaced 10 feet apart and installed to a height of approximately 4 feet above existing grade. Once the
posts have been installed, the horizontal cross‐members of the tracking system and associated motors
would be placed and secured. A galvanized metal racking system, which holds the PV modules in the
correct position for maximum capture of solar irradiance, would then be field‐assembled and attached
to the horizontal cross members.
Fixed‐tilt arrays would be oriented along an east‐west axis with panels facing generally south, and
tracking arrays would be oriented along a north‐south axis with panels tracking east to west. The total
height of the panel system measured from ground surface would be up to 12 feet.
Recurrent Energy 4
3.3 Electrical Collection, Inverters, and Transformers
Panels would be electrically connected into panel strings using wiring attached to the panel racking
system. Panel strings would be electrically connected to one other via overhead and/or underground
wiring installed from the panel strings to combiner boxes located throughout the PV arrays. Cabling
would be installed to convey the direct current (DC) electricity from the combiner boxes to inverters
which convert the DC to alternating current (AC). The output voltage of the inverters would be stepped
up to the collection system voltage via transformers located in close proximity to the inverters. Electrical
cables would be installed from the transformers to the separate Project substations accordingly.
Underground cables would be installed using ordinary trenching techniques, which would typically
include a rubber‐tired backhoe excavator or trencher. Wire depths would be in accordance with local,
state, and federal codes, and would likely be buried at a minimum of 18 inches below grade by
excavating a trench wide enough to accommodate the cables. To accommodate the cables, a polyvinyl
chloride (PVC) conduit may be installed in the trench, or, alternatively, cable rated for direct burial
would be installed. Once cable installation is completed, the excavated soil would likely be used to
backfill the trench and be lightly compressed. Where used, overhead cables would be installed on wood
poles up to 50 feet in height.
The Solar Facility would be designed and laid out in approximately 2 MW increments. Each 2 MW
increment would include an inverter‐transformer station centrally located within the PV arrays. All
electrical inverters and transformers would be placed on concrete pads or steel skids.
3.4 Project Substation
The substation areas would be excavated for the transformer equipment and control building
foundation and oil containment area. Foundations for the substation would be formed with plywood
and reinforced with structural rebar. Concrete would be poured to create foundations.
Structural components in the substation area would include:
Power transformer;
Footings and oil containment system for power transformer;
Pre‐fabricated control enclosure to enclose the protection and control equipment;
Footings for the control enclosure structure;
Metering stand;
Capacitor bank;
Busbar and short generator intertie (gen‐tie) line;
Circuit breakers and air disconnect switches; and
Dead‐end structure to connect the Project substation to a PG&E Switching Station.
The Project substations would convert power from 34.5 kV to 230 kV. The Project substation would be
transmitted via an estimated 500‐foot‐long gen‐tie into a PG&E Switching Station north of Dinuba
Avenue. The substation area would be graded and compacted to an approximately level grade. Concrete
pads would be constructed on site as foundations for substation equipment, and the remaining area
Recurrent Energy 5
would be graveled. Electrical transformers, switchgear, and related substation facilities would be
designed and constructed to transform medium‐voltage power to high‐voltage power.
The substation transformer would contain mineral oil, and the substation would be designed to
accommodate an accidental spill of transformer fluid by the use of containment‐style mounting. No
PCB‐laden fluids would be used.
3.5 Telecommunications
Within the site, the fiber optic or other cabling required for the monitoring system would typically be
installed in buried conduit, leading to a centrally located (or series of appropriately located) SCADA
system cabinets. External telecommunications connections to the SCADA system cabinets may be
through either wireless or hard wired connections to locally available commercial service providers.
Similar to electrical wiring, cable depths would likely be buried at a minimum of 18 inches below grade
by excavating a trench wide enough to accommodate the cables and conduit. Excavated soil would likely
be used to backfill the trench and be lightly compressed.
3.6 Battery Storage System
The Project may include a battery storage system, consisting of battery banks housed in electrical
enclosures and buried electrical conduit. Electrical enclosures measuring 40 feet by 8 feet by 8.5 feet
high would be installed on concrete foundations designed for secondary containment.
3.7 Meteorological Data Collection System
The Solar Facility would include a meteorological (met) data collection system. Each met station would
have multiple weather sensors: a pyranometer for measuring solar irradiance, a thermometer to
measure air temperature, a barometric pressure sensor, and wind sensors to measure speed and
direction. The four‐foot horizontal cross‐arm of each met system would include the pyranometer
mounted on the left hand side and the two wind sensors installed on a vertical mast to the right. The
temperature sensor would be mounted inside the solar shield behind the main mast. Each sensor would
be connected by cable to a data logger inside the enclosure.
3.8 Operations and Maintenance Building and Electrical Control Building
The Project would include development of an O&M building and an electrical control building. The O&M
building and control building would be constructed on concrete foundations.
4. Project’s Useful Life
The Project has an expected useful life of 35 years, with an opportunity for a lifetime of 50 years or
more, with equipment replacement and repowering. The Project consists of numerous recyclable
materials, including glass, semiconductor material, steel, wood, aluminum, copper, and plastics. When
the Project reaches the end of its operational life, the component parts can be dismantled and recycled.
The Project components will be dismantled and removed using minimal impact conventional
construction equipment and recycled or disposed of safely in accordance with all applicable laws and
regulations.
Recurrent Energy 6
5. Property Ownership
The site is presently owned by Westlands Water District. The property owner has executed an option
agreement for purchase and sale with SiteCo LLC, a wholly owned subsidiary of Recurrent Energy
Development Holdings. Consequently, SiteCo LLC would become the owner of the real property at
commencement of construction of the Project.
6. Procedures for Decommissioning After Operations Cease
All decommissioning, reclamation, and restoration activities will adhere to the requirements of
appropriate governing authorities, and will be in accordance with all applicable federal, provincial, and
local permits. The reclamation and restoration process comprises removal of above ground structures;
removal of below ground foundations and infrastructure; and restoration of topsoil, re‐vegetation, and
seeding. Electrical conduit and other materials that break off more than 4 feet below the ground surface
would be decommissioned in place. Appropriate temporary (construction‐related) erosion and
sedimentation control best management practices (BMP) will be used during the reclamation phase of
the Project. The BMPs will be inspected on a regular basis to ensure their function.
6.1 Timing for Removal
Reclamation of the Project will occur within six (6) months of either: (i) the expiration of a Project’s CUP
or (ii) the abandonment of a Project without the Project owner making efforts to cure a disruption of
electricity production, whichever occurs first.
6.2 General Removal Process
Effectively, the reclamation of the Project proceeds in reverse order of the installation.
The PV facility will be disconnected from the utility power grid.
PV modules will be disconnected, collected, and either shipped to another project, salvaged, or
submitted to a collection and recycling program.
Aboveground and underground electrical interconnection and distribution cables that are no
longer deemed necessary by the local public utility company will be removed and recycled off‐
site by an approved recycling facility.
PV module racking system will be removed and recycled off‐site by an approved metals recycler.
Electrical and electronic devices, including transformers and inverters will be removed and
recycled off‐site by an approved recycler.
Concrete foundations will be removed and recycled off‐site by a concrete recycler.
Fencing will be removed and will be recycled off‐site by an approved recycler.
The only roads constructed at the site will be the interior perimeter fire break roads, which will
not be paved but rather compacted and treated to be durable and dustless. The interior roads
can either remain onsite for future use, or be removed. Very little gravel will be required onsite;
gravel would be repurposed either on‐ or off‐site.
The site may be converted to other uses in accordance with applicable land use regulations in
effect at that time of reclamation. There are no permanent changes to the site and it can be
Recurrent Energy 7
restored to its original condition including revegetation. Any soil removed for construction
purposes will be relocated on the site or used for landscaping after construction is complete.
6.3 Removal of Electrical Equipment, PV Modules, and Infrastructure
Above ground electrical wiring, equipment on the inverter pads and the interconnection transformer
pad, and other associated equipment will be removed as part of reclamation. Prior to commencing
electrical equipment removal activities, the system will be de‐energized and all external electrical lines
feeding into or out of the Project will be subject to “a lock out/tag out.” The electrical components
comprising the inverter pads and interconnection transformer pad will be salvaged and placed in
appropriate shipping containers and secured in a truck transport trailer for shipment to the next
location where it will be reused. The equipment on the inverter pads includes inverters, combiners, low
voltage switch gear and medium voltage transformers. The equipment on the interconnection
transformer pad includes medium and high voltage switchgear and a high voltage transformer. All of this
is modular and each unit is bolted to a concrete pad.
The electrical connectors to each panel will be unfastened along with the combiner boxes and
disconnect switches and the bolts and fasteners attaching each module to the racks will be removed.
Each module will be removed from the rack and placed in secure transport crates and placed into a
trailer for storage and ultimately for transportation to another facility. The bolts and reusable fasteners
will be saved for reuse also.
Once the solar modules have been removed, the racks will be disassembled and the piers supporting the
racks removed. These components will require a track hoe or equivalent piece of machinery to extract
the beams by pulling them out vertically. Both the racks and pipes or H‐beams will be scraped and sold
for salvage value. Rack disassembly involves removing bolts and stacking the rack components for
salvage.
Underground electrical equipment, including electrical wiring, will be extracted and removed from the
site. However, electrical conduit and other materials that break off more than 4 feet below the ground
surface would be decommissioned in place. The wiring is either copper or aluminum (depending on the
function/location) encapsulated in an insulating plastic material. Electrical materials consist primarily of
recyclable commodities.
O&M buildings would be disassembled, and recycled or disposed of offsite. Concrete pads supporting
inverters, transformers, and O&M buildings will be removed. All fences and gates will be maintained at
all times until the equipment decommissioning and removal process is complete and the area is ready to
be demobilized. The fence and gate will be removed and all materials recycled to the greatest extent
possible. The area will be thoroughly cleaned and all debris removed.
6.4 Use and Removal of Hazardous Materials
Relatively small quantities of hazardous materials would be used during project construction and
operation. Materials of concern that would be used during construction and operation include gasoline,
diesel fuel, inverter coolant, transformer oil, sulfur hexafluoride, and cleaning chemicals.
Hazardous and non‐hazardous wastes that are likely to be generated from project construction and
operation at the Project include waste motor oils, used transformers and transformer oil, waste
hydraulic fluids, and waste solvents and adhesives. During decommissioning activities, minor spills and
leaks of hazardous materials from vehicles or equipment could also occur. All wastes would be required
Recurrent Energy 8
to be handled, stored, transported, and disposed of according to appropriate state and federal laws,
ordinances, regulations, and standards.
Fuels, lubricants, and other materials would not be stored on the Project site, and the proposed Project
applicant would not maintain an inventory of any hazardous materials on the project site. Project
operations would not generate hazardous wastes.
On‐site transformers would be filled with oil at the manufacturing company and subsequently checked
in four‐year intervals for integrity. Transformers would be mounted with secondary containment
foundations to contain oil that may be spilled during replacement, and oils used would be 98 percent
plant seed based. Inverter coolant would be routinely and remotely monitored, with replacement
expected to occur every 15 years. All oils, lubricants, and spent filters would be collected and removed
for recycling at the time of replacement and decommissioning.
6.5 Revegetation
Following removal of all solar equipment and related infrastructure, the site will undergo a series of
steps to ensure successful revegetation. All topsoil on site will be removed and stockpiled as a first step.
The site will then be deep chiseled to a depth of at least 18 inches to remove the compaction resulting
from the original construction, O&M activities and from the decommissioning. After chiseling, compost
will be applied and the topsoil spread and then the entire site will be disked to further loosen the soil
and blend in the compost.
As a final step, an appropriate rangeland seed mixture as specified by local authorities will be broadcast
or drilled across the site. A weed‐free mulch will be spread and crimped into the soil to stabilize soils
until germination takes place. Mulching facilitates moisture retention in the soil, improving germination
and survival of the seedlings.
7. Site Plans
Copies of the latest Site Plans for RE Tranquillity 1‐8 may be found in Appendix A.
8. Engineer’s Opinion of Probable Construction Cost
To provide a conservative estimate of costs associated with the decommissioning and restoration
process, including the equipment and labor for the removal of above‐ground structures and site
reclamation, Recurrent Energy has engaged with established construction and engineering firms to
identify the number of employees and equipment types required to remove Project elements. Table 2
identifies costs for equipment and labor to remove improvements associated with the Project.
As noted above, the Project would be surrounded by, and adjacent to, up to 7 other solar projects
totaling 400 MW in all. The Project is anticipated to be decommissioned and the site reclaimed on a
similar schedule to and/or sequentially with the RE Tranquillity 1 LLC, RE Tranquillity 2 LLC, RE
Tranquillity 3 LLC, RE Tranquillity 4 LLC, RE Tranquillity 5 LLC, RE Tranquillity 6 LLC, and RE Tranquillity 8
LLC projects. As a result, economies of scale would be realized from worker and equipment efficiencies
during site decommissioning and reclamation, and there is an estimated 10% cost decrease per 20 MW.
Recurrent Energy 9
Table 2: Labor and Equipment Costs for Project Reclamation
9. Financial Assurances
The Applicant will establish and maintain a Letter of Credit from a state or national financial institution
in the amount of $110,252 prior to issuance of building permits for each Phase to be maintained
throughout the life of the Project. The dollar amount will be adjusted on an annual basis to reflect a 3
percent increase in the financial security associated with decommissioning. In lieu of a letter of credit or
as a replacement of the letter of credit during the project life, RE Tranquillity 7 LLC may establish and
maintain a Bond, Cash Payment, or Decommissioning Reserve Account to be managed by a third‐party
financial institution determined by the Project’s financiers. Automatic routing of PPA payments into the
Decommissioning Reserve Account would occur throughout the Project’s life. RE Tranquillity 7 LLC would
notify Fresno County of its election to establish this account thirty (30) days in advance and would
provide all necessary documentation in advance for staff’s review and approval. Since both the County
and the landowner have an interest in decommissioning the facility after operations or in the unlikely
event it is abandoned, the third party financial institution responsible for managing the
Decommissioning Reserve Account would have a contractual obligation to the landowners not to release
funds from the Decommissioning Reserve Account other than for payment of costs associated with
decommissioning. The detailed terms and conditions under which the funds would be permitted to be
released from the Decommissioning Reserve Account would be explicitly defined in an Escrow Account
Agreement executed by the project owner, the land owner and the selected third party institution.
10. Record of Owner’s Notice of Proposed Reclamation Plan
As discussed under Section 4, SiteCo LLC, a wholly‐owned subsidiary of Recurrent Energy Development
Holdings LLC, will be purchasing the real property from the current property owner (Westlands Water
District) prior to the start of construction. Given that the current property owner will no longer have an
ownership interest in the real property once construction commences, the owner has not been notified
of the proposed reclamation plan.
Acres: 116 MW: 20
Total
Costs
Workers Days Hours Labor rate Subtotal Equipment/ fee
Hours or
number of
units Rates Subtotal Costs
1216 $ 50 $ 800 Container 1 $ 1,250 $ 1,250 2,050$
2232 $ 75 $ 2,400 low bed truck/ semi
end dump truck
16 22$ 352$ 2,752$
4 9 288 $ 75 $ 21,600 flat bed truck 40 32$ 1,280$ 22,880$
4 10 320 $ 50 $ 16,000 flat bed truck 50 32$ 1,600$ 17,600$
4 9 288 $ 50 $ 14,400 backhoe 90 162$ 14,580$ 28,980$
2580 $ 75 $ 6,000 backhoe/ crane 25 400$ 10,000$ 16,000$
2464 $ 40 $ 2,560 backhoe 25 162$ 4,050$ 6,610$
2464 $ 40 $ 2,560 cat/ backhoe 20 194$ 3,880$ 6,440$
2464 $ 40 $ 2,560 cat/ water truck 30 146$ 4,380$ 6,940$
Subtotal $ 68,880 Subtotal 41,372$ $ 110,252
Substation components removed
and recycled
Labor Costs Equipment Costs
Reclamation Task
Onsite oils, lubricants, removed
Site disced for revegetation
Electrical interconnection and
PV modules removed and
PV module support H‐beams and
Electrical and electronic devices,
Fencing, gates removed and
Roads, pathways, and other
Appendix A – RE Tranquillity 1‐8 LLC Site Plans
069923\8542832v3 Exhibit B-1
EXHIBIT B
The Property
[See Attached]
Part I. [Insert legal description for Verde property]
Part II. [Insert legal description for Rojo property]
VERDE LEGAL DESCRIPTION
April 04, 2017
EXHIBIT ‘A’
Verde Lease Area
All of Parcel 1 together with a portion of Parcel 2 as described in the Grant Deed to RE
Tranquillity 8 LandCo LLC, recorded in Document No. 2017-0032945 Official Records of
Fresno County, located within Section 31, Township 15 South, Range 15 East, M.D.B.M., and
all of Parcel 1 together with a portion of Parcel 2 as described in the Grant Deed to RE
Tranquillity 8 LandCo LLC, recorded in Document No. 2017-0032944, Official Records of
Fresno County, located within Section 6, Township 16 South, Range 15 East, M.D.B.M., County
of Fresno, State of California, described as follows:
All of the above described lands
TOGETHER WITH a portion of the above described Parcel 2 as described in said Document
No. 2017-0032945, described as follows:
Beginning at a point on the South line of said Section 31 from which the Southwest corner of
said Section 31 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the
Point of Beginning, leaving the South line of said Section 31, North 01°15’56” East along the
West line of said Parcel 2 for a distance of 2653.12 feet to a point on the east-west centerline of
said Section 31; thence South 88°42’33” East along the east-west centerline of said Section 31
for a distance of 889.20 feet; thence leaving the east-west centerline of said Section 31, South for
a distance of 2653.44 feet to a point on the South line of said Section 31; thence North 88°43’50”
West for a distance of 947.81 feet to the Point of Beginning.
Containing an area of 55.94 acres, more or less.
EXCEPTING THEREFROM that portion of the Southwest quarter of said Section 31, as
dedicated to the State of California Document No. 2017-0027977, Official Records of Fresno
County, Township 15 South, Range 15 East, MDBM, County of Fresno, State of California.
TOGETHER WITH a portion of the above described Parcel 2 as described in Document No.
2017-0032944, described as follows:
Beginning at a point on the North line of said Section 6 from which the Northwest corner of said
Section 6 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the Point of
Beginning South 88°43’50’ East along the North line of said Section 6 for a distance of 1027.00
feet; thence leaving the North line of said Section 6 South for a distance of 2647.19 feet to a
point on the east-west centerline of said Section 6; thence North 88°44’20” West along the east-
west centerline of said Section 6 for a distance of 1067.22 feet; thence leaving the east-west
centerline of said Section 6, North 00°52’14” East along the West line of said Parcel 2 for a
distance of 2646.76 feet to the Point of Beginning.
Containing an area of 63.62 acres, more or less.
VERDE LEGAL DESCRIPTION
EXCEPTING THEREFROM that portion of the northwest quarter of said Section 6, as
dedicated to the State of California Document No. 2017-0027976, Official Records of Fresno
County, Township 15 South, Range 15 East, MDBM, County of Fresno, State of California.
Lease Area contains a net area of 450.29 acres, more or less.
The Basis of Bearings for this description is NAD 83, California State Plane Coordinate System,
Zone 4, epoch date 2011, based on GPS ties to the California High Precision Geodetic Network
(HPGN) stations 125.31l (PID-GU0884) and 117.47l (PID-GU0937).
ROJO LEGAL DESCRIPTION
April 04, 2017
EXHIBIT ‘A’
Rojo Lease Area
All of Parcels 2 and 3 as described in the Grant Deed to RE Tranquillity 8 Azul LandCo LLC,
recorded in Document No. 2017-0032945 Official Records of Fresno County, and the Southwest
quarter of Section 32, located in, Township 15 South, Range 15 East, M.D.B.M., and all of
Parcel 2 as described in the Grant Deed to RE Tranquillity 8 Azul LandCo LLC, recorded in
Document No. 2017-0032944, Official Records of Fresno County, and the Southwest quarter of
Section 5, located in Township 16 South, Range 15 East, M.D.B.M., County of Fresno, State of
California, described as follows:
All of the above described lands
EXCEPTING THEREFROM a portion of the above described Parcel 2 as described in said
Document No. 2017-0032945, described as follows:
Beginning at a point on the South line of said Section 31 from which the Southwest corner of
said Section 31 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the
Point of Beginning, leaving the South line of said Section 31 North 01°15’56” East along the
West line of said Parcel 2 for a distance of 2653.12 feet to a point on the east-west centerline of
said Section 31; thence South 88°42’33” East along the east-west centerline said Section 31 for a
distance of 889.20 feet; thence leaving the east-west centerline said Section 31 South for a
distance of 2653.44 feet to a point on the South line of said Section 31; thence North 88°43’50”
West for a distance of 947.81 feet to the Point of Beginning.
Containing an area of 55.94 acres, more or less.
ALSO EXCEPTING THEREFROM a portion of the above described Parcel 2 as described in
Document No. 2017-0032944, described as follows:
Beginning at a point on the North line of said Section 6 from which the Northwest corner of said
Section 6 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the Point of
Beginning, South 88°43’50’ East along the North line of said Section 6 for a distance of 1027.00
feet; thence leaving the North line of said Section 6, South for a distance of 2647.19 feet to a
point on the east-west centerline of said Section 6; thence North 88°44’20” West along the east-
west centerline of said Section 6 for a distance of 1067.22 feet; thence leaving the east-west
centerline of said Section 6, North 00°52’14” East along the West line of said Parcel 2 for a
distance of 2646.76 feet to the Point of Beginning.
Containing an area of 63.62 acres, more or less.
Lease Area contains a net area of 812.31 acres, more or less.
ROJO LEGAL DESCRIPTION
The Basis of Bearings for this description is NAD 83, California State Plane Coordinate System,
Zone 4, epoch date 2011, based on GPS ties to the California High Precision Geodetic Network
(HPGN) stations 125.31l (PID-GU0884) and 117.47l (PID-GU0937).
069923\8542832v3 Exhibit C-1-1
EXHIBIT C
Form of Easement
[See Attached]
AFTER RECORDING
PLEASE RETURN TO:
DEVELOPMENT SERVICES
DIVISION, MAIL STOP 214
ATTN: CHRIS MOTTA
Recording Requested for the Benefit
of the County of Fresno Department
of Public Works & Planning
THIS SPACE FOR RECORDER’S OFFICE USE ONLY
GRANT OF LIMITED ACCESS EASEMENT (“Easement”)
I. RECITALS
A. On October 9, 2014, pursuant to County of Fresno (“COUNTY”) Resolution No.
12466, subject to the conditions listed therein, the COUNTY’s Planning Commission certified
Environmental Impact Report No. 6730 for the Tranquillity Solar Generation Facility approving
eight separate conditional use permits, Unclassified Conditional Use Permit (“CUP”) Nos. 3451
through 3458. The Planning Commission conditioned its approval of the Project on, among other
things, compliance with (i) that certain Reclamation Plan: RE Tranquillity 4 LLC, UCUP Application
Number 3454, dated August 2014 (the “TQ4 Reclamation Plan”), (ii) that certain Reclamation
Plan: RE Tranquillity 5 LLC, UCUP Application Number 3455, dated August 2014 (the “TQ5
Reclamation Plan”), (iii) that certain Reclamation Plan: RE Tranquillity 6 LLC, UCUP Application
Number 3456, dated August 2014 (the “TQ6 Reclamation Plan”) and (iv) that certain
Reclamation Plan: RE Tranquillity 7 LLC, UCUP Application Number 3457, dated August 2014
(the “TQ7 Reclamation Plan” and, together with the TQ4 Reclamation Plan, the TQ5
Reclamation Plan, the TQ6 Reclamation Plan and the TQ7 Reclamation Plan, the “Reclamation
Plans”), stipulating to the process for the decommissioning of the Project (as defined below).
B. RE Tranquillity 8 Rojo LLC (“Rojo Owner”) will undertake the performance of a
component of the Project described in CUP Nos. 3454-3457, consisting of the construction and
operation of a solar photovoltaic power plant capable of generating up to one hundred (100) MW
2
(with no more than eighty (80) MW being generated from the portion of land covered by CUP Nos.
3544-3457) (the “Rojo Project”). The Rojo Project is approximately Eight Hundred and Twelve
and 31/100 (812.31) acres (consisting of four (4) parcels), the legal descriptions of which are set
forth in Attachment A, attached hereto and incorporated herein by this reference (the “Rojo
Property”).
C. RE Tranquillity 8 Verde LLC (“Verde Owner”, and together with Rojo Owner,
collectively, “Owner”) will undertake the performance of a component of the Project described in
CUP Nos. 3454-3457, consisting of the construction and operation of a solar photovoltaic power
plant capable of generating up to eighty (80) megawatts (“MW”) (the “Verde Project” and,
collectively with the Rojo Project, the “Project”). The Verde Project is approximately Four
Hundred and Fifty and 29/100 (450.29) acres (consisting of three (3) parcels), the legal
descriptions of which are set forth in Attachment A, attached hereto and incorporated herein by
this reference (the “Verde Property” and, together with the Rojo Property, the “Property”).
D. In order to secure their respective obligations under the Reclamation Plan, Verde
Owner, Rojo Owner, RE Tranquillity 8 LLC (“Guarantor”) and COUNTY have entered into a
written agreement (the “Reclamation Agreement”) by which Owner covenants to, among other
things, fully comply with all provisions of the Reclamation Plan, and provide and maintain security
for these obligations in the form of cash security.
E. CUP Nos. 3454-3457 has a term of Forty (40) years, which COUNTY may extend
in its sole discretion, or terminate in accordance with the provisions of applicable law.
F. RE TRANQUILLITY 8 LANDCO LLC, a Delaware limited liability company
(“GRANTOR”) is the owner of the Property.
G. Owner informs COUNTY that (i) Guarantor and GRANTOR intend to enter into a
lease agreement (the “Lease”), which will grant possession of the Property to Guarantor, and (ii)
Guarantor will, in turn, enter into a sublease agreement with Rojo Owner and Verde Owner which
3
will grant possession of the Property to Rojo Owner and Verde Owner and permit Rojo Owner
and Verde Owner to operate the Rojo Project and Verde Project on the Property pursuant to CUP
Nos. 3454-3457.
G. The Reclamation Plan and the Reclamation Agreement require Owner to
decommission the solar photovoltaic power plant at (i) the expiration or termination of CUP Nos.
3454-3457 or (ii) the abandonment of the Project without the Project owner making efforts to cure
a disruption of electricity production, whichever occurs first, and reclaim the Property to its
condition before the Project was constructed.
H. Owners obligations under the Reclamation Agreement are being secured by
Guarantor establishing and maintaining a cash security with COUNTY on behalf of Verde Owner
and Rojo Owner. In the event Guarantor, Rojo Owner or Verde Owner defaults under the
Reclamation Agreement, COUNTY may draw on the cash security and use the proceeds thereof
to carry out the reclamation of the Property in substantial conformity with the Reclamation Plan.
I. In the event COUNTY elects, in its sole discretion, to carry out the Reclamation
Plan, COUNTY must have the right to access the Property.
J. GRANTOR recognizes that it will benefit from granting such access to COUNTY,
should Guarantor, Rojo Owner or Verde Owner default under the Reclamation Agreement, and
COUNTY elect to draw on the cash security and use the proceeds thereof to carry out the
reclamation of the Property in substantial conformity with the Reclamation Plan.
II. Grant of Limited Easement
1. GRANTOR hereby grants to COUNTY, including its contractors and
representatives, a nonexclusive access easement over, under, on, and across the Property (the
“Easement”), solely for accessing the Property for the limited purpose of, in COUNTY’s sole
discretion, carrying out the reclamation of the Property in substantial conformity with the
Reclamation Plan, pursuant to the Reclamation Agreement, and for no other purpose.
4
2. Grantor expressly reserves for itself, its successors and its assigns, the right to
use the Property or to grant other licenses or easements on the Property, so long as such uses
do not unreasonably interfere with the rights herein granted.
3. This Easement shall, without further action by any person or entity, terminate and
be of no further force or effect upon the earlier of:
a. The termination of the Reclamation Agreement; or
b. COUNTY’s issuance of written notice to GRANTOR that COUNTY will not
undertake or complete reclamation of the Property.
4. This Easement is subject to all superior matters of title on the Property and
recorded in the COUNTY Official Records, including without limitation any and all liens,
encumbrances, covenants, conditions, restrictions, reservations, contracts, leases, licenses,
easements, and rights of way.
5. This Easement shall bind and inure to the benefit of the successors and assigns
of the parties hereto. However, nothing contained herein shall be deemed to grant the public any
right of access to the Property or to grant any rights in any third party.
6. This Easement may be executed in counterparts, which, when taken together,
shall constitute one complete instrument.
7. This Easement, and the rights granted herein, shall be interpreted in accordance
with the laws of the State of California.
8. The Recitals above are incorporated herein by reference as though fully set forth
herein. Further, each of ROJO OWNER and VERDE OWNER states that the above Recitals are
to be taken as statements of VERDE OWNER and ROJO OWNER, respectively, only and not of
Grantor.
5
Date ________________________
GRANTOR:
RE TRANQUILLITY 8 LANDCO LLC,
a Delaware limited liability company
By ___________________________________
Print Name_____________________________
Print Title______________________________
6
ACKNOWLEDGEMENT:
By executing below, RE TRANQUILLITY 8 VERDE LLC, a Delaware limited liability company, for
it and its successors and assigns, acknowledges and agrees to the terms and conditions
contained herein, including without limitation, Section 8.
RE TRANQUILLITY 8 VERDE LLC,
a Delaware limited liability company
By ______________________________
Print Name_______________________
Print Title_________________________
ACKNOWLEDGEMENT:
By executing below, RE TRANQUILLITY 8 ROJO LLC, a Delaware limited liability company, for
it and its successors and assigns, acknowledges and agrees to the terms and conditions
contained herein, including without limitation, Section 8.
RE TRANQUILLITY 8 ROJO LLC,
a Delaware limited liability company
By ______________________________
Print Name_______________________
Print Title_________________________
[NOTARY PAGES ATTACHED]
STATE OF CALIFORNIA
COUNTY OF _______________
On _________________, 2017, before me, _________________________, a Notary Public,
personally appeared _________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of the Notary Public
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF _______________
COUNTY OF _______________
On _________________, 2017, before me, _________________________, a Notary Public,
personally appeared _________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _________ that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of the Notary Public
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
ATTACHMENT A
LEGAL DESCRIPTION OF THE PROPERTY
[PLEASE SEE ATTACHED]
ROJO LEGAL DESCRIPTION
April 04, 2017
EXHIBIT ‘A’
Rojo Lease Area
All of Parcels 2 and 3 as described in the Grant Deed to RE Tranquillity 8 Azul LandCo LLC,
recorded in Document No. 2017-0032945 Official Records of Fresno County, and the Southwest
quarter of Section 32, located in, Township 15 South, Range 15 East, M.D.B.M., and all of
Parcel 2 as described in the Grant Deed to RE Tranquillity 8 Azul LandCo LLC, recorded in
Document No. 2017-0032944, Official Records of Fresno County, and the Southwest quarter of
Section 5, located in Township 16 South, Range 15 East, M.D.B.M., County of Fresno, State of
California, described as follows:
All of the above described lands
EXCEPTING THEREFROM a portion of the above described Parcel 2 as described in said
Document No. 2017-0032945, described as follows:
Beginning at a point on the South line of said Section 31 from which the Southwest corner of
said Section 31 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the
Point of Beginning, leaving the South line of said Section 31 North 01°15’56” East along the
West line of said Parcel 2 for a distance of 2653.12 feet to a point on the east-west centerline of
said Section 31; thence South 88°42’33” East along the east-west centerline said Section 31 for a
distance of 889.20 feet; thence leaving the east-west centerline said Section 31 South for a
distance of 2653.44 feet to a point on the South line of said Section 31; thence North 88°43’50”
West for a distance of 947.81 feet to the Point of Beginning.
Containing an area of 55.94 acres, more or less.
ALSO EXCEPTING THEREFROM a portion of the above described Parcel 2 as described in
Document No. 2017-0032944, described as follows:
Beginning at a point on the North line of said Section 6 from which the Northwest corner of said
Section 6 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the Point of
Beginning, South 88°43’50’ East along the North line of said Section 6 for a distance of 1027.00
feet; thence leaving the North line of said Section 6, South for a distance of 2647.19 feet to a
point on the east-west centerline of said Section 6; thence North 88°44’20” West along the east-
west centerline of said Section 6 for a distance of 1067.22 feet; thence leaving the east-west
centerline of said Section 6, North 00°52’14” East along the West line of said Parcel 2 for a
distance of 2646.76 feet to the Point of Beginning.
Containing an area of 63.62 acres, more or less.
Lease Area contains a net area of 812.31 acres, more or less.
ROJO LEGAL DESCRIPTION
The Basis of Bearings for this description is NAD 83, California State Plane Coordinate System,
Zone 4, epoch date 2011, based on GPS ties to the California High Precision Geodetic Network
(HPGN) stations 125.31l (PID-GU0884) and 117.47l (PID-GU0937).
VERDE LEGAL DESCRIPTION
April 04, 2017
EXHIBIT ‘A’
Verde Lease Area
All of Parcel 1 together with a portion of Parcel 2 as described in the Grant Deed to RE
Tranquillity 8 LandCo LLC, recorded in Document No. 2017-0032945 Official Records of
Fresno County, located within Section 31, Township 15 South, Range 15 East, M.D.B.M., and
all of Parcel 1 together with a portion of Parcel 2 as described in the Grant Deed to RE
Tranquillity 8 LandCo LLC, recorded in Document No. 2017-0032944, Official Records of
Fresno County, located within Section 6, Township 16 South, Range 15 East, M.D.B.M., County
of Fresno, State of California, described as follows:
All of the above described lands
TOGETHER WITH a portion of the above described Parcel 2 as described in said Document
No. 2017-0032945, described as follows:
Beginning at a point on the South line of said Section 31 from which the Southwest corner of
said Section 31 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the
Point of Beginning, leaving the South line of said Section 31, North 01°15’56” East along the
West line of said Parcel 2 for a distance of 2653.12 feet to a point on the east-west centerline of
said Section 31; thence South 88°42’33” East along the east-west centerline of said Section 31
for a distance of 889.20 feet; thence leaving the east-west centerline of said Section 31, South for
a distance of 2653.44 feet to a point on the South line of said Section 31; thence North 88°43’50”
West for a distance of 947.81 feet to the Point of Beginning.
Containing an area of 55.94 acres, more or less.
EXCEPTING THEREFROM that portion of the Southwest quarter of said Section 31, as
dedicated to the State of California Document No. 2017-0027977, Official Records of Fresno
County, Township 15 South, Range 15 East, MDBM, County of Fresno, State of California.
TOGETHER WITH a portion of the above described Parcel 2 as described in Document No.
2017-0032944, described as follows:
Beginning at a point on the North line of said Section 6 from which the Northwest corner of said
Section 6 bears North 88°43’50” West for a distance of 2638.13 feet; thence from the Point of
Beginning South 88°43’50’ East along the North line of said Section 6 for a distance of 1027.00
feet; thence leaving the North line of said Section 6 South for a distance of 2647.19 feet to a
point on the east-west centerline of said Section 6; thence North 88°44’20” West along the east-
west centerline of said Section 6 for a distance of 1067.22 feet; thence leaving the east-west
centerline of said Section 6, North 00°52’14” East along the West line of said Parcel 2 for a
distance of 2646.76 feet to the Point of Beginning.
Containing an area of 63.62 acres, more or less.
VERDE LEGAL DESCRIPTION
EXCEPTING THEREFROM that portion of the northwest quarter of said Section 6, as
dedicated to the State of California Document No. 2017-0027976, Official Records of Fresno
County, Township 15 South, Range 15 East, MDBM, County of Fresno, State of California.
Lease Area contains a net area of 450.29 acres, more or less.
The Basis of Bearings for this description is NAD 83, California State Plane Coordinate System,
Zone 4, epoch date 2011, based on GPS ties to the California High Precision Geodetic Network
(HPGN) stations 125.31l (PID-GU0884) and 117.47l (PID-GU0937).