HomeMy WebLinkAbout20260468 Resolution
Approve Decommissioning Plan and Accept Collateral for Use by Special Review
Permit, USR24-0018, for a Solar Energy Facility (SEF) Outside of Subdivisions and
Historic Townsites in the A (Agricultural) Zone District — Pivot Solar 65, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 20th day of November, 2024, the Board of County Commissioners
approved the application of Chad and Carie Smith, 15864 County Road 94, Pierce,
Colorado 80650, c/o Pivot Solar 65, LLC, 1601 Wewatta Street, Suite #700, Denver,
Colorado 80202, for a Use by Special Review Permit, USR24-0018, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as
follows:
Part of the NE1/2 of Section 15, Township 8 North, Range 66 West of the
6th P.M., Weld County, Colorado
Whereas, pursuant to Condition of Approval #5.A of the Resolution of USR24-0018, Pivot
Solar 65, LLC, has presented the Board with a Decommissioning Plan for said USR, and
requests the Board accept Decommissioning Bond #UCSX729X1046, insured through
United Casualty and Insurance Company, in the amount of $180,000.00, guaranteeing
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy
facility, and
Whereas, staff recommends approval of the Decommissioning Plan and acceptance of
Decommissioning Bond #UCSX729X1046, since they comply with Section 23-4-1030.B
of the Weld County Code and will satisfy Condition of Approval #5.A of the Resolution of
USR24-0018.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Decommissioning Plan, be, and hereby is, approved and accepted.
Be it further resolved by the Board of County Commissioners that Decommissioning
Bond #UCSX729X1046, insured through United Casualty and Insurance Company,
303 Congress Street, Suite 502, Boston, Massachusetts 02210, in the amount of
$180,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or
reclamation of said solar energy facility, as permitted and operated under USR24-0018,
be, and hereby is, approved and accepted.
2026-0468
PL2934
Decommissioning Plan and Collateral for Use by Special Review Permit, USR24-0018,
for a Solar Energy Facility (SEF) — Pivot Solar 65, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 4th day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0468
PL2934
MEMORANDUM
COUNTY,CO
To: Board of County Commissioners
From: Molly Wright, Planner II
Subject: USR24-0018 Acceptance of a Surety Bond
Date: February 11, 2026
Case Number: USR24-0018
Applicant: Pivot Energy do Kyle Hockstad
Owner: Chad and Carie Smith
Legal Description: Part of the NE4 of Section 15, T8N, R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 94; east of and adjacent to Highway 85
Zoning: A (Agricultural) Zone District Parcel #: 0553-15-1-00-017
Parcel Size: ± 81 acres
Lease Area: ± 54 acres
Summary:
Pivot Solar LLC, has submitted a Surety Bond for the decommissioning and reclamation of USR24-0024
Solar Energy Facility. USR24-0018 was conditionally approved by the Board of County Commissioners on
November 20, 2024. The applicant has submitted the Decommissioning Bond (#UCSX729X1046) from
United Casualty and Surety Insurance Company in the amount of $180,000.00. This Surety Bond will
comply with Condition of Approval #5.A. of the Resolution.
Recommendation:
Staff recommends that the Board accept the Surety Bond because it complies with Section 23-4-
1030.B.4.g. of the Weld County Code and staff has accepted the related decommissioning/reclamation
plan. If the surety bond is accepted by the Board of County Commissioners, it will satisfy Condition of
Approval #5.A. of the Use by Special Review Resolution.
2026-0468
/C 1 P 3-4
Bond No. UCSX729X1046
DECOMMISSIONING BOND Co 9N-I
KNOW ALL BY THESE PRESENTS:That we,Pivot Solar 65 LLC,as Principal,and
United Casualty and Surety Insurance Company,a corporation duly authorized under the laws of
the State of Nebraska,as Surety,are held and firmly bound unto Weld County,as Obligee in the
maximum aggregate penal sum of ONE HUNDRED EIGHTY THOUSAND AND 00/100
Dollars ($180.000.00), lawful money of the United States of America, to be paid to the said
Obligee, successors or assigns; for which payment,well and truly to be made,we bind ourselves,
our heirs,executors,successors,administrators and assigns,jointly and severally, firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas,the Principal and Obligee have entered into an agreement whereby principal agrees to
complete decommissioning in accordance with the Decommissioning Plan,which said
agreement,dated December 10. 2024,is hereby referred to and made a part hereof;and
Whereas,said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of the decommissioning referred to in said agreement.
Now,Therefore,the condition of this obligation is such that if the above bounded Principal,his or
its heirs,executors,administrators,successors or assigns, shall in all thing stand to and abide by,and
well and truly keep and perform the decommissioning provisions in the said agreement and any
alteration thereof made as therein provided,on his or their part, to be kept and performed at the
time and in the manner therein specified,and in all respects according to their true intent and
meaning,and shall indemnify and save harmless the Obligee,its officers,agents and employees,as
therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in
full force and effect.
Provided further, that if the Principal fails to respond to the Obligee's notice of default or fails to
perform its Decommissioning responsibilities as outlined in said agreement the Surety shall promptly
and at the Surety's election and expense take one of the following actions:
1. Arrange for the Principal,with consent of the Obligee,to perform and complete the
Decommissioning;or
2. Undertake to perform and complete the Decommissioning itself,through its agents or
through independent contractors;or
3. Waive its right to perform the Decommissioning and forfeit the full bond penalty to the
Obligee.
The surety may cancel this bond at any time by giving the Obligee ninety (90) days written notice of
its desire to be relieved of Liability. Should the Principal fail to provide a replacement bond or
alternate financial assurance acceptable to the Obligee within sixty(60) days of the receipt by the
Obligee of the Notice of Cancellation,the Surety will be in default and shall forfeit the full Penal
Sum of this Bond to Obligee.
Nonpayment of the premiums associated with this Bond will not invalidate this Bond nor shall
Obligee be obligated for the payment thereof. Further,the bankruptcy,insolvency,receivership,or
financial inability of the Principal shall not relieve,discharge,limit,or in any way reduce the liability
of the Surety under this Bond,and this Bond shall remain in full force and effect notwithstanding
any such event.
Bond No. UCSX729X1046
The liability of the Surety under this bond and all continuation certificates issued in connection
therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond
or in any additions,riders,or endorsements properly issued by the Surety as supplements thereto.
IN WITNESS WHEREOF,the signature of said Principal is hereto affixed and the corporate seal
and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact,
this 28h day of January,2026.
Pivot Solar 65 LLC United Casualty and Surety Insurance Company
By. 4:1;2"-A.-- By.
1,j vv„{-� C'D Seim Hernandez,Atto in-Fact
. ucs
POWER OF ATTORNEY 172729
KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance
Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents
make,constitute and appoint:
Lacey Hitchcock,William!son,Nadia Ortega,John L.Hohlt,Nathan Wonder,Senia Hernandez,Candice Hild,Eriel Yeldell
its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,
place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include
riders,amendments,and consents of surety,providing the bond penalty does not exceed Fifteen Million&00/100 Dollars
( $15,000,000.00 ). This Power of Attorney shall expire without further action on December 31",2026.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the day of July,1993:
Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings
obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 12th day of August,2025
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
yUnited Surety Insurance Company
t( ' )ut s / ut�
��Uv ,
Corporate Seals R.Kyle Fl ler,Treasurer
Commonwealth of Massachusetts
County of Suffolk ss:
On this 12th day of August,2025 ,before me,Colleen A.Cochrane,a notary public,personally appeared,R.Kyle Fowler,Treasurer of United Casualty and
Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his
signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal.
• •i, COUEEIIA•COCHRANE
P.tG.. ( Wary y Clic.Conlon Ex h otMutadMaetls
a. (Seal)
otary Public Commis ion Expires:10/27/2028 `V MCarnmsyonExprecliYl)Qp2B
I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do
hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;
furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect.
In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Boston,Massachusetts this 28th _day of
January 2026
Corporate Seals • ® /01
Robert F.Thomas,President
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM
r-i4k Energy
Pivot Energy Inc. Decommissioning Plan
Weld County requires that Pivot Solar 65 LLC and Chad Smith Phase 2, cio Pivot Energy Inc. ("Pivot") submit a
Decommissioning plan to the Department of Planning Services as part of the final administrative review and
approval process for a Solar Generation facility. The decommissioning costs will total approximately$180,000.
The useful life of the solar facility is expected to be at least 20-years. At the end of the project's useful life, Pivot
will suspend operations and decommission the plant, which will include any necessary demolition, removal of
above and below ground equipment, and site reclamation efforts. Pivot's obligation under the Solar Lease
Agreement is to return the site to the landowner in substantially the same condition that the property was in prior
to the improvements being made.
This document establishes a detailed plan for decommissioning and reclamation activities once the project
reaches the end of its useful life. The proposed activities will likely need to be refined throughout the project's
life to reflect future best practices of the solar industry.
Pivot has assumed the planning process will be initiated one to two years prior to the anticipated end of
commercial operation. The final plans will be developed in consultation with Weld County and any other
applicable agencies that have jurisdiction of activities in the decommissioning process.
1. Decommissioning Project Elements and Milestones
The key tasks of project decommissioning are divided into related activities that represent milestones in the
process. Each activity is described in further detail below.The decommissioning schedule reflects the conceptual
timing of the milestones and overall process.
The individual project components to be decommissioned will either be 1) recycled or reused to the maximum
extent practicable, or 2) removed from the site and disposed of at an appropriately licensed disposal facility.The
general decommissioning approach will be the same whether a portion of, or the entire Project is
decommissioned.
The activities involved in the facility closure will depend on the expected future use of the site. Certain facility
equipment and features may be left in place at the property owner's request,such as transmission facilities,roads,
and drainage features. At the time of decommissioning, a plan will be submitted to the County proposing the
equipment that will be removed and, if applicable, equipment that will remain, based on expected future use of
the site.
Pre-closure activities include final closure and reclamation planning, which identifies measures to be taken to
restore the site to near pre-construction conditions.This includes but is not limited to the following:
• Complete an analysis of the project materials and their composition to identify those specific components
that may be recycled, re-used, scrapped, or sent to disposal sites; as well as identifying specific recycling
facilities and disposal sites for materials.
• Coordinate with local officials to obtain permits and develop plans for the transportation of materials and
equipment to and from the site.
• Develop specifications for demolition and reclamation,which will serve as the basis for contractor bids for
decommissioning the project and establish the scope of demolition and reclamation,including developing
reclamation plans in compliance with local, state, and federal regulations.
pivotenergy.net
Pivot
`=,,�► Energy Pivot Energy Inc. — Decommissioning Plan
During the planning process Pivot will brief the County and other applicable agencies on the
decommissioning process and plans. All necessary permits and approvals required for the decommissioning will
be obtained prior to commencing operations.
The first step in the decommissioning process will be assessing existing site conditions and preparing the site for
demolition. Site decommissioning and equipment removal is expected to take up to one year. Therefore, access
roads, fencing, some electrical power, and other facilities will temporarily remain in place for use by the
decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage
areas pending final transportation and disposal and/or recycling according to the procedures listed below.
A plan will be implemented for de-energizing portions of the facility to allow safe decommissioning and formal
lock out and tag out procedures. This will ensure all electrical components are placed and maintained in a safe
condition for demolition activities prior to the start of work.
PV Module and Tracker Removal and Recycling
During decommissioning, project components that are no longer needed will be removed from the site and
recycled, reused or disposed of at an appropriately licensed disposal facility. The first operation is to disconnect
and remove modules from the tracker assemblies.
Next, the tracker and mounting structures, DC wiring materials, and combiner boxes will all be assembled and
segregated for disposal or salvage. Steel piles that support the PV racking system will be removed and either re-
used or recycled to the maximum amount possible. Below ground portions of the supports will either be removed
or cut off at least two feet below ground surface and left in place.
The demolition debris and removed equipment will be safely removed from the premises and transported to an
appropriately licensed disposal facility or recycling center. Photovoltaic modules will either be re-used, recycled
or disposed of in accordance with applicable laws at the time of decommissioning.
Roads
Onsite access roads will remain in place during the decommissioning process. The roads may remain intact after
decommissioning if the property owner deems them beneficial for the future use of the site. Roads that will not
be used after the solar project's decommissioning will be removed at the end of the process.
Fencing
Project site perimeter fencing will be removed at the end of the decommissioning project, unless it may be utilized
for future use of the site and the property owner requests the fence remain in place.This includes the removal of
all posts,fencing material,gates, etc.to return the site to pre-project condition.
Transportation and Clean up
During the disassembly and demolition process, materials will be segregated and temporarily placed in gathering
areas for transportation. Various materials including, but not limited to, concrete, steel, aluminum, and copper
will be temporarily stockpiled at or near a designated processing location pending transport to an appropriate
offsite recycling facility.All such materials will then be transported from the site to approved designated facilities
for recycling, scrapping or disposal. All metals will be recycled to the extent practical given the recycling options
available at the time of decommissioning.
pivotenergy.net
' Pivot
`,,,►` Energy Pivot Energy Inc. — Decommissioning Plan
In general,the decommissioning will be undertaken using traditional heavy construction equipment including,but
not limited to,front end loaders, cranes,track mounted and rubber-tired excavators, bull dozers, and scrapers.
Areas where excavation is required will be backfilled with natural material and compacted. Any voids left from
the removal of foundations will be backfilled with surrounding subsoil and topsoil and fine graded to ensure
suitable drainage and reclamation of natural grades.
Soil management and re-contouring operations will be conducted to minimize the surface area disturbance and
implement the activities in the safest and most efficient manner and in accordance with applicable local
requirements. Major earthwork is not anticipated as construction of the site will not alter the general grade across
the site.
To account for post-decommissioning dust control,areas of exposed soils will be revegetated,consistent with the
expected future use of the site and State or County requirements. The native dry grass vegetation will be re-
established to prevent the spread of weeds. Mulching or palliatives may be used for temporary dust control until
vegetation is established.
Monitoring Site Restoration
Upon completion of the decommissioning process, a one-year restoration monitoring period will begin.
Monitoring will ensure that grading and drainage implemented is successful in stabilizing water flow patterns and
that the cover vegetation (native dry grass vegetation or other depending on land use) will be reestablished to
prevent the spread of weeds. Corrective actions will be implemented if such monitoring determines adverse
conditions are present because of an inadequate restoration.
2. Decommissioning/Reclamation Cost Estimates
Pivot commits to working together with the County to update the cost estimates every five years from the
establishment and submittal of the security bond. The cost estimates will include all costs associated with the
dismantling, recycling, and safe disposal of facility parts and site reclamation activates and consider the salvage
value of the facility.
Initial cost estimate(2024):
Fencing $5,400
Structures $73,800
Modules $54,000.00
Electrical $27,000
Site Restoration $19,800
Total $180,000.00
The scope includes:
• Electrical permit fees
• Removal and disposal of game fence
• Removal of racking and foundations
pivotenergy.net
Pivot
:,,,► Energy Pivot Energy Inc. — Decommissioning Plan
• Removal of modules
• Removal of electrical equipment (transformers, pads, etc.)
• Removal of electrical DC string wiring and AC underground wiring
• Site restoration and reclamation
• Waste disposal fees
• Temporary restrooms and necessary facilities for workers
• Safety and protection equipment
pivotenergy.net
Copy
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0018, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT—CHAD AND CARIE SMITH, CIO PIVOT SOLAR 65, LLC
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 20th day of
November, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Chad and Carie Smith, 15864 County Road 94, Pierce,Colorado 80650,
c/o Pivot Solar 65, LLC, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR24-0018, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Part of the NE1/2 of Section 15, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing, the applicant was present and represented by Kyle Hockstad
and Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Suite 700, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed,finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.0 states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
Gc.PL(CE/MN/ERfMN/DA/NWlicR),Ca6cK), 2024-2984
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SPECIAL REVIEW PERMIT(USR24-0018)—CHAD AND CARIE SMITH, C/O PIVOT SOLAR 65,
LLC
PAGE 2
[Comprehensive Plan]shall be consistent and promote financially
responsible growth." The Solar Energy Facility (SEF) will initially
provide construction jobs and future energy production to Weld
County, functions which directly support economic prosperity. The
SEF, being a power-generating facility, will add variety, stability,
and redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.0 states: "Harmonize development with
surrounding land uses."The adjacent land will experience minimal
nuisance from the SEF,which is an unmanned energy development
facility.Once operational,the SEF creates minimum noise, no odor,
light or flickering, vibration, vermin, dust, or other nuisances. The
operation of the SEF will not impact surrounding property owners'
right to quiet enjoyment.
B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of
the A(Agricultural)Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A(Agricultural)Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.FF — Uses by Special Review, include, "Solar
Energy Facilities(SEFs), being more than five(5) acres in size, but
less than 160 acres, in the Near/Urban Area, as shown on Appendix
21-B, or being more than five (5) acres, but less than 320 acres, in
the Ag/Rural Area, as shown on Appendix 21-8."This Code section
allows the applicant to apply for the subject SEF, being located in
the Near/Urban Area, as shown by map in Appendix 21-B. Per
Section 23-1-90 of the Weld County Code, the SEF will encumber
approximately 54 acres and qualifies as a SEF USR. The SEF may
also include two (2) 40-foot conex (cargo) containers, per parcel,
during construction. Cargo containers are allowed as an Accessory
Use, per Section 23-3-30.B of the Weld County Code.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
2024-2984
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SPECIAL REVIEW PERMIT(USR24-0018)—CHAD AND CARIE SMITH,C/O PIVOT SOLAR 65,
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PAGE 3
zoned A(Agricultural). The land uses include residences, agricultural uses,
and vacant land. The applicant will submit either a Screening Plan, or
signed waivers from the two (2) property owners who reside in the
residences within 500 feet of the project. There is one (1) USR within one
(1)north mile of the site,for a shooting range and gun club, permitted under
AMUSR-1105. Weld County Department of Planning Services staff sent
notice to seven (7) surrounding property owners (SPOs)within 500 feet of
the proposed USR boundary. Three (3) letters of opposition were received
with concerns regarding health impacts, property values, prairie dog
mitigation, effects of groundwater, effects of a hailstorm on the solar
panels, effects of natural rainfall, the increase in temperature to
surrounding properties, and the increase of traffic on the county roads in
the area. No additional written correspondence or telephone calls were
received.The proposed use is in an area that can support this development
and the Conditions of Approval and Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is located within a three (3) mile referral area of the Town of Pierce. The
Town of Pierce responded to the referral with no concerns. This site is not
located within an Intergovernmental Agreement (IGA) or Coordinated
Planning Agreement(CPA) area of any municipality.
E. Section 23-2-230.B.5—The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within any overlay district officially
adopted by the County, including the A-P (Airport) Overlay District, 1-25
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, or Special Flood Hazard Area.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 59.6 acres of soils
designated as"Farmland of statewide importance"Ascalon fine sandy loam
(1-6%) slopes, and approximately 30.7 acres designated as "Not prime
farmland" Otero sandy loam (0-3%) slopes, per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report. The
proposed use is temporary, and soils will not be unduly removed from the
property. After the lease period, the land can be returned to historic uses.
2024-2984
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SPECIAL REVIEW PERMIT(USR24-0018)—CHAD AND CARIE SMITH,C/O PIVOT SOLAR 65,
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PAGE 4
G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Chad and Cane Smith, do Pivot Solar 65, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR24-0018, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A(Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall submit a Screening Plan, or signed waivers for the
residences within 500 feet of the disturbed solar panel location.
B. A Road Maintenance Agreement (for Construction) is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes during construction.
C. The applicant shall submit a Drainage Narrative, as defined in
Section 8-11-45.A of the Weld County Code (citing Section 23-4-1030.B.,
for Item#1).
D. The applicant shall submit a Traffic Narrative, as defined in
Section 24-3-220.B of the Weld County Code.
E. The applicant shall acknowledge the advisory comments of the Weld
County Oil and Gas Energy Department, as stated in their referral response
dated August 27, 2024. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0018.
2) The attached Development Standards.
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3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two [2], per Section 23-3-30.6 of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which equipment and structures are temporary for use
during construction and which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and label the location of the temporary
trash collection areas, if applicable. Include specification details on
the USR map. Refer to Section 23-2-240.A.13 of the Weld County
Code for design criteria.
8) The applicant shall show and label any on-site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, or access roadways, for example,
part of any executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or Reception
number and recording date.
11) County Road 94 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
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12) The applicant shall show and label the proposed access point on
County Road 94, the usage types that apply (Residential,
Agricultural, Commercial and/or Oil and Gas), and the appropriate
access width and turning radii (65-foot minimum). Development
Review will review the access location as a part of the USR map
submittal.
13) The applicant shall show and label the approved tracking control.
14) The applicant shall show and label the entrance gate.The gate shall
be designed so that the longest vehicle(including trailers) using the
access can completely clear the traveled way when the gate is
closed. The minimum distance between the gate and traveled way
is 35 feet.
15) The applicant shall show and label drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded.Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.6.4 of
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the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
C. The approved access and tracking control shall be constructed.
D. A Weld County Grading Permit shall be required if disturbing more than
one (1) acre of land.
E. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be required for all applicable trucks.
F. A Right-of-Way Use Permit shall be required from the Department of Public
Works before installation and/or construction of any aboveground or buried
features in, or crossing, Weld County rights-of-way.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November,A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY DO
ATTEST: ��,,,,,�// fl (NAY)
J G. JCLdo•r.� Kevin D. Ross, Chair
Weld County Clerk to the Board
(AYE)
BY:�J r I ll't(Jt. er . Buc , ro-Tem
Deputy Clerk to the Board 1`411 (AYE)
Mike reeman
APP: �4 ED AS - O'M: I '- +.
ec l- �I (AYE)
,o t K. James
Ii/ ;r� 1 , �:_ �� 9�.. C/54
"_1.0
ounty Attorney , ..�_ (AYE)
Z/f •0) ► ►�ri Saine
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHAD AND CARIE SMITH,
CIO PIVOT SOLAR 65, LLC
USR24-0018
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0018, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A(Agricultural)Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
6. Height limitation. Ground-mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
7. Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from
its solar collectors will not be directed toward, or onto, nearby properties or roadways, at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
8. Setbacks.The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening, through landscape or an opaque fence, is installed, or upon submittal to Weld
County of a waiver or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
9. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a Building Permit
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
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10. Dust mitigation. The operators of the SEF shall continuously employ the practices for the
control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
11. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations,switchyards, and circuit voltages greater than 34.5 kilovolts,where
necessary, per Section 23-4-1030.C.5 of the Weld County Code, as amended.
12. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
13. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of the Weld County Code. Ground-mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service(NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
14. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Planning Services.
pursuant to the provisions of Chapter 8, Article XIV of the Weld County Code, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
15. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
16. The site shall adhere to the accepted Decommissioning and Reclamation Plan, per
Section 23-4-1030.B.4.h of the Weld County Code, as amended. Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties, in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
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streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
20. The property owner shall maintain compliance with the Decommissioning Plan.
21. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
24. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall require an approved Right-of-Way Use Permit prior to commencement.
25. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of on-site drainage related features.
28. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
29. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
30. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust,fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
31. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
32. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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34. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
36. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
39. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
41. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
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42. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3)consecutive years,the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires.The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated.When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated,the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
43. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
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