HomeMy WebLinkAbout20260718 Resolution
Approve Decommissioning Plan and Accept Collateral for Use by Special Review
Permit, USR25-0016, for a Solar Energy Facility (SEF) Outside of Subdivisions and
Historic Townsites in the A (Agricultural) Zone District — Patricia Buxman,
c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68, 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 25th day of November, 2025, the Board of County Commissioners
approved the application of Patricia Buxman, 14615 County Road 66, Greeley, Colorado
80631 , c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68, LLC,
1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for a Use by Special Review
Permit, USR25-0016, for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, on the real estate described as
follows:
Lot B of Corrected Recorded Exemption, CORR RE-4576; being part of the
SE1/4 of Section 21 , Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Whereas, pursuant to Condition of Approval #5.A of the Resolution of USR25-0016, the
Board has been presented with a Decommissioning Plan for said USR, as well as
Decommissioning Bonds insured through United Casualty and Surety Insurance
Company, 303 Congress Street, Suite 502, Boston, Massachusetts 02210, guaranteeing
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy
facility, as follows:
• Pivot Solar 66, LLC, Decommissioning Bond #UCSX729X1054, $67,500.00
• Pivot Solar 67, LLC, Decommissioning Bond #UCSX729X1055, $67,500.00
• Pivot Solar 68, LLC, Decommissioning Bond #UCSX729X1056, $67,500.00
Whereas, staff recommends approval of the Decommissioning Plan and acceptance of
all three (3) Decommissioning Bonds, 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
USR25-0016.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Decommissioning Plan and Bonds described above are approved and
accepted.
2026-0718
PL2977
Decommissioning Plan and Collateral for Use by Special Review Permit, USR25-0016,
for a Solar Energy Facility (SEF) — Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, 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 30th day of March, A.D., 2026:
Scott K. James, Chair: Aye
Jason S. Maxey, Pro-Tem: Aye ��y ` � s'�
Perry L. Buck: Aye r< ��` ' A
Lynette Peppier: Aye }0 o ,
Kevin D. Ross: Aye ikk_
Approved as to Form:
uw i
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2026-0718
PL2977
MEMORANDUM
To: Board of County Commissioners
From: Matthew VanEyll, Planner II
COUNTY, CO Subject: USR25-0016 Acceptance of three Surety Bonds
Date: March 30, 2026
Case Number: USR25-0016
Owner: Patricia Buxman
14615 County Road 66, Greeley, CO 80631
Representative Pivot Energy Development LLC c/o Kyle Hockstad and Kyle Sundman 1601
Wewatta St, Suite#700, Denver, CO 80202
Request: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot B of Recorded Exemption Correction RE-4576, being a part of the SE4 of
Legal Description: Section 21, Township 6 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Location: North of and adjacent to County Road 66; approximately a quarter(1/4) mile west
of County Road 31
Zoning: A(Agricultural) Zone District Parcel No.: 0805-21-4-00-059
Acreage: Parcel Boundary: +/- 56.34 acres
Solar Energy Facility (SEF) +/-36 acres
Summary:
Pivot Energy Development LLC, has submitted three Surety Bonds for the decommissioning and
reclamation of USR25-0016, Solar Energy Facility. USR25-0016 was conditionally approved by the Board
of County Commissioners on November 5, 2025. The applicant has submitted three Decommissioning
Bonds (#UCSX729X1054 for Pivot Solar 66 LLC, #UCSX729X1055 for Pivot Solar 67 LLC,
#UCSX729X1056 for Pivot Solar 68 LLC) from United Casualty and Surety Insurance Company of
Nebraska, each of which are for $67,500, totaling $202,500. This is Surety Bond complies with Condition
of Approval #5.A. of the Resolution.
Recommendation:
Staff recommends that the Board accept the three Surety Bonds because it complies with Section 23-4-
1030.6.4.g. of the Weld County Code and staff has accepted the related decommissioning/reclamation
plan. If the surety bonds are accepted by the Board of County Commissioners, it will satisfy Condition of
Approval #5.A. of the Use by Special Review Resolution.
2026-0718
3/3 PL79 -11
A Pivot
Energy Pivot Energy Inc. — Decommissioning Plan
Weld County requires that Pivot Solar 66 LLC, Pivot Solar 67 LLC, and Pivot Solar 68 LLC, c/o 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
$202,500.00.
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. Decornmissioning Project Liemnents 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
�f. Pivot
;,i► 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 � � , -�
Zr ~ 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.
1. 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(2025):
Fencing $6,075
Structures $83,025
Modules $60,750
Electrical $30,375
Site Restoration $22,275
Total $202,500
The scope includes:
• Electrical permit fees
• Removal and disposal of wildlife-friendly 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
Bond No. UCSX729X1054
DECOMMISSIONING BOND
KNOW ALL BY THESE PRESENTS:That we,Pivot Solar 66 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 SIXTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars
($67.500.00), 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 November 5.2025,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.
The liability of the Surety under this bond and all continuation certificates issued in connection
Bond No. UCSX729X1054
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 20`'day of February,2026.
Pivot Solar 66 LLC United Casualty and Surety Insurance Company
By C_ By
_ Sema Hernandez,Attorn -Fact
O\C4 t C l-t, -F:+2.,foetft�L
Eucs
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
1 $15,000,000.00 ). This Power of Attorney shall expire without further action on December 31g,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 1"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
,''II e°y`I�° se i United Surety Insurance Company
lies , Iles , " IICS • n �i �/
.,, .o/° /e /l 4 �`9GU1/2,
Corporate Seals R.Kyle Ffr 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.
Fir
:? COLLEEN&COCHRANE
4 • (Seal) VI NohryRdic,ComnawealthofMaxsadee
otary Public Commis ion Expires:10/27/2028 MyCommlafiasaErprec16212C28
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 20th day of
February 2026
Corporate Seals II ® ; Robert F.Thomas,President
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM
Bond No. UCSX729X1055
DECOMMISSIONING BOND C--C)
KNOW ALL BY THESE PRESENTS:That we,Pivot Solar 67 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 SIXTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars
($67.500.00), 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 November 5.2025,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.
The liability of the Surety under this bond and all continuation certificates issued in connection
Bond No. UCSX729X1055
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 Q day of February,2026.
Pivot Solar 67 LLC United Casualty and Surety Insurance Company
By: IT( By:
Serua ernandez,
act
Gt:P46'1 /\• ;{^Zf�Jta t n G k
vtA e.0l
Eucs
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,Erie!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
1 $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 1"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
Ys� United Surety Insurance Company
't
ues
sn o P--10' fle4A,
Corporate Seals R.Kyle Ffr: 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.
;r■i: COLLE8*Il00CHINIE
te a. . (Seal) F / ' 'IPubicComma otl► aduc lk
My Comrrosion Ekes 101271202E
otary Public Commis ion Expires:10/27/2028
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 20th day of
February 2026
Corporate Seals • 0 �': o Robert F.Thomas,President
• .T, r + i,.'
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM
Bond No. UCSX729X1056
d
DECOMMISSIONING BOND
KNOW ALL BY THESE PRESENTS:That we,Pivot Solar 68 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 SIXTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars
($67.500.00), 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 November 5.2025,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.
The liability of the Surety under this bond and all continuation certificates issued in connection
Bond No. UCSX729X1056
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 20`h day of February,2026.
Pivot Solar 68 LLC United Casualty and Surety Insurance Company
By: Z / By: U `
Senia Hernandez, Attorn -Fact
6 otA tA.. F;fact trj CY-
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Eucs
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 1"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
.0-4" v . United Surety Insurance Company
i
Corporate Seals R.Kyle Fo. 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.
s ENJL„ COLLECOCHR ME
`�.1,'�''
(Seal) j'e'"Pub CanmonwaMhofM tls
otary Public Commis ion Expires:10/27/2028 �� MyCammsYonEcproct42d7Q0211
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 20th day of
February 2026
Corporate Seals •
.11 111 a Robert F.Thomas,President
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM
Resolution
Approve Use by Special Review Permit, USR25-0016, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and
Pivot Solar 68, 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 5th day of
November, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Patricia Buxman, 14615 County Road 66, Greeley, Colorado
80631, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68, LLC,
1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for Use by Special Review
Permit, USR25-0016, 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:
Lot B of Corrected Recorded Exemption, CORR RE-4576; being part of the
SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicant was present and represented Kyle Sundman and
Kyle Hockstad, 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 neutral recommendation of
the Weld County Planning Commission (three [3] in support, three [3] opposed, and
three [3] absent), 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.
cc:PL(DE/NN/DA/MV/KR), cA(KM), 2025-2922
ASR(S6), APPL., APPL. REP. PL2977
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Use by Special Review Permit, USR25-0016— Patricia Buxman, c/o Pivot Solar 66, LLC,
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Page 2
1) Section 22-2-10.0 states: "Promoting Economic Growth and Stability. Land
use policies have a significant impact on 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 [Comprehensive Plan] shall be consistent and
promote financially responsible growth." This is a proposed nine (9)
megawatt Solar Energy Facility (SEF) that will encompass approximately
36 acres of an approximately 56-acre site. This SEF will initially provide
construction jobs and future energy production to Weld County. These
functions directly support economic prosperity. This 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 - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is
an unmanned energy development facility. There is one (1) residence within
500 feet of the disturbed area, which is owned by the same owner of the
parcel the SEF will be on. The closest neighboring residence is located
approximately 520 feet from the SEF on the southeastern side of the
proposed disturbed area.
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.GG — Uses by Special Review, of the Weld County Code
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 Agricultural/Rural Area, as shown on Appendix 21-B." 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
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Section 23-1-90 of the Weld County Code, the SEF will encumber
approximately 36 acres and qualifies as a SEF USR. As stated in this
Section of the Weld County Code, the Agricultural Zone District is intended
to be used for energy development. This 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 to the
north, west, and south are located in unincorporated Weld County and are
zoned A (Agricultural) and the properties to the east are within the City of
Greeley and zoned as Residential, Estate and Industrial Low Intensity. The
surrounding land uses include residences, agricultural uses. There are no
residences within 500 feet of the project, except for the residence of the
owner of the subject property. There are seven (7) Use by Special Review
Permits (USRs) within one (1) mile of the site. To the west of the subject
property are five (5) USRs: one (1) feedlot for 100 cattle (SUP-175);
excavation equipment shop (USR-1417); feed sales, farm equipment sales
repair, and installation (USR-843); kennel for 140 dogs and 20 cats
(3MUSR19-85-685); and a child daycare center (USR-1698). To the south
of the subject property there are two (2) USRs: one (1) for a natural gas
facility (USR-598); and a sprinkler system business (USR-491).
Weld County Department of Planning Services staff sent notice to 12
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. No written or telephone correspondence in opposition or support
of the project 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 City of Greeley, and
within an Intergovernmental Agreement (IGA) area of the Town of
Severance. The site is located within the Coordinated Planning Agreement
(CPA) area for the Town of Severance. As part of the application process,
the Town of Severance was sent a Notice of Inquiry (NOI). They submitted
a NOI, dated June 23, 2025, which indicated they had no comment.
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According to the Town of Severance's Future Land Use Map, this property
is not located within the projected growth boundary of the Town, as the
property is located south of State Highway 392.
The City of Greeley submitted advisory comments in their referral dated
August 8, 2025, explaining the site is within Greeley's Long Range
Expected Growth Area, listing the property as an "urban reserve," and that
Greeley allows solar in any zone district. The City of Greeley recommended
the maximum screening for adjacent residential properties and "potential
residential development"that may develop around the property. In the Town
of Severance's referral, dated July 15, 2025, they indicated they have
reviewed the request and find no conflicts with their interests.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 22 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 in any overlay district officially adopted by the
County; including the A-P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, Special Flood Hazard Area, Historic
Townsites Overlay District, Agricultural Heritage Overlay District or MS4 -
Municipal Separate Storm Sewer System 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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated the site consists of 49 acres of low-slope (1-3%) Kim loam soils
and seven (7) acres of low slope (1-3%) of Olney fine sandy loam. The SEF
facility will be located on 36.2 acres of Kim loam soils, which is designated
as "Prime farmland if irrigated," and on 1.4 acres of Olney fine sandy loam
soils, which is designated as "Prime farmland if irrigated and the product
of 1 (soil erodibility) x C (climate factor) does not exceed 60". 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. Currently,
the land is farmed and irrigated. According to the application materials, Pivot
Energy will apply broadleaf herbicide to revegetate the disturbed area. The
use of a drought tolerant mix of native grasses will be used with either a
hydro-seed or hydro-mulch. Mowing or the use of grazing livestock will be
used to mitigate overgrowth and weed management will be monitored and
treated with herbicide when necessary.
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G. Section 23-2-230.B.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 that
there are adequate provisions for the protection of the 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 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 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67,
LLC, and Pivot Solar 68, LLC, for Use by Special Review Permit, USR25-0016, 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. 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.
B. If water is utilized for dust abatement or during the operation of the SEF, the
applicant shall provide a legal source of water for these uses. Per the
referral comments from the Colorado Division of Water Resources, dated
September 15, 2025, Well Permit No. 34392, may not be used for dust
control or irrigation associated with the Solar Energy Facility.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0016.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030.C.3 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.
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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.B 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 Iaberthe 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 planned oil and gas surface
development areas, corridors, access roadways, for example, part of
any executed Surface Use Agreement.
9) 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.
10) County Road 66 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with its
creating document) 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.
11) The applicant shall show and label the approved tracking control.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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13) The applicant shall show and label drainage flow arrows.
14) The applicant shall show and label the project access onto
County Road 66 at the permitted location, approximately 1,965 feet
west of County Road 31.
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.B.4 of
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.
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D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be required.
E. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
F. The applicant shall submit the Interconnection Agreement.
Use by Special Review Permit
Development Standards
Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
USR25-0016
1. Use by Special Review Permit, USR25-0016, 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
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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.
10. Dust mitigation. The operators of the SEF shall continuously employ the practices
for control of fugitive dust detailed in their 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, and
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 hereon. 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
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Services, pursuant to the provisions of Article XIV of Chapter 8 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 and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and 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. The property owner shall maintain compliance with the Decommissioning Plan.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
22. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
23. 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.
24. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
25. The historical flow patterns and runoff amounts will be maintained on the site.
26. 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.
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27. 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.
28. 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.
29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
32. 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, 2023 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.
33. 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.
34. All buildings shall comply with the setback from oil and gas wells per
Section 23-4-700, as amended.
35. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
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36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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
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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.
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 5th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye f+•+-�
Scott K. James, Pro-Tern: Aye #,<Ny :: 4N
Jason S. Maxey: Aye I 4i flA
Lynette Peppler: Aye `��� } ��
Kevin D. Ross: Aye
Approved as to Form: ` ® tee'
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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