HomeMy WebLinkAbout20243082.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0028, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
LESLIE MATSON, C/O USS AUBURN SOLAR, 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 December 6, 2023, the Board of County Commissioners approved the
application of Leslie Matson, P.O. Box 336668, Greeley, Colorado 80633, c/o USS Auburn Solar,
LLC, 100 N 6th Street, Suite 410B, Minneapolis, Minnesota 55403, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0028, 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 Recorded Exemption, RECX17-0143; being
part of the NW1/4 of Section 35, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to Condition of Approval #5.A of the Resolution of USR23-0028,
USS Auburn Solar, LLC, has presented the Board with a Decommissioning Plan for said USR,
and requests the Board accept Performance Bond #SURU2210005209, insured through
Ascot Surety and Casualty Company, 55 West 46th Street, 26th Floor, New York, New York
10036, in the amount of $150,522.00, 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
Performance Bond #SURU2210005209, since they comply with Section 23-4-1030.6 of the Weld
County Code and will satisfy Condition of Approval #5.A of the Resolution of USR23-0028.
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
Performance Bond #SURU2210005209, insured through Ascot Surety and Casualty Company,
55 West 46th Street, 26th Floor, New Your, New York 10036, in the amount of $150,522.00,
guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar
energy facility, as permitted and operated under USR23-0028, be, and hereby is, approved and
accepted.
4997282 Pages: 1 of 2
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
kicilIK IIIIVICEE I ii+.NO II 031161110H rwY4 1I III
CG .17"DF/MW IE tl'A/5TH1mKimw)
v2. foS /2,1 2024-3082
PL2582
DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR23-0028) - LESLIE MATSON,
C/O USS AUBURN SOLAR, LLC
PAGE 2
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
ATTEST: ���^.� Gt , ✓���
Weld County Clerk to the Board
Deputy Clerk to the Board
APP 'VED A
County A ey
Date of signature: I1IZ•i l Z `T
4997282 Pages: 2 of 2
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
WELD COU
Lori Saine
oss, Chair
LO
Pro-Tem
2024-3082
PL2582
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (USR23-0028)
DEPARTMENT: Planning Services DATE: 10/22/2024
PERSON REQUESTING: Diana Aungst
Brief description of the problem/issue:
USS Auburn Solar LLC has submitted a Surety Bond for the Board of County Commissioner's consideration.
The applicant submitted the decommissioning and reclamation plan for USR23-0028 Solar Energy Facility.
USR23-0028 was conditionally approved by the Board of County Commissioners on December 6, 2023. The
Surety Bond (#SURU2210005209) meets the intent of Condition of Approval #5.A of the resolution. The Surety
Bond meets the requirements of Section 23-4-1030.B.4 of the Weld County Code.
What options exist for the Board?
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Consequences: Consequence of not approving/accepting the surety - the County won't have collateral
in the event that the operator fails to follow through with reclamation. Taxpayers will be on the hook to remove
solar equipment and reclaim the property.
Impacts: Unknown
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Unknown
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030.6.4 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If
the surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #5.A.
of the resolution.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem `k"
Mike Freeman M�
Scott K. James ‘,14'
Kevin D. Ross, Chair
Lori Seine
2024-3082
I/ 2-0 PL25�2.
U
100 N 6'h Street, Suite 410B 612.230.0172
Minneapolis, MN 55403 www.us-solar.com
USS AUBURN SOLAR LLC DECOMMISSIONING — RECLAMATION PLAN
The proposed SEF consists of many recyclable materials, including glass, semiconductor material, steel,
aluminum, copper, and plastics. When the proposed SEF reaches the end of its operational life, the
component parts will be dismantled and recycled as described below. We have a lease contract with the
property owner, which requires us to decommission and restore the site at our expense. The
decommissioning plan would commence at the end of the lease term or in the event of twelve (12) months
of non -operation. At the time of decommissioning, the proposed SEF's components will be dismantled and
removed using minimal impact construction equipment, and materials will be safely recycled or disposed.
USS Auburn Solar LLC will be responsible for all the decommissioning costs.
REMOVAL PROCESS
The decommissioning of the proposed SEF proceeds in the following reverse order of the installation:
1. The solar system will be disconnected from the utility power grid
2. PV modules will be disconnected and removed
3. Electrical cables will be removed and recycled off -site
4. PV module racking will be removed and recycled off -site
5. PV module support posts will be removed and recycled off -site
6. Electrical devices, including transformers and inverters, will be removed and recycled off -site
7. Concrete pads will be removed and recycled off -site
8. Fencing will be removed and recycled off -site
9. Reclaim soil in the access driveway and equipment pad areas by removing imported aggregate material
and concrete foundations; replace with soil as needed
The proposed SEF site may be converted to other uses in accordance with applicable land use regulations
at the time of decommissioning. There are no permanent changes to the site, and it will be returned in
terrific condition. This is one of the many great things about community solar gardens. If desired, the site
can return to productive farmland after the system is removed.
DECOMMISSIONING CONSIDERATIONS
We ask that Weld County take note of three (3) important considerations: 1) a proposed SEF is not a
public nuisance, 2) the resale and recycle value are expected to exceed the cost of decommissioning,
and 3) Weld County and taxpayers are not at risk.
1) Our modules do not contain hazardous materials and the proposed SEF is not connected to government
utilities (water, sewer, etc.). Additionally, almost all the land is permanent vegetation which improves
erosion control, soil quality, and water quality. For these reasons, the proposed SEF, whether operational
or non -operational, is not a public nuisance threat that would require government involvement in
decommissioning or removal of the proposed SEF. Compare this to an abandoned home, barn, etc. that
may regularly include hazardous materials and/or become a public nuisance.
2) Upon the end of the proposed SEF's life, the component parts may be resold and recycled. The
aggregate value of the equipment is expected to exceed the cost of decommissioning and removal. Solar
modules, for example, have power output warranties guaranteeing a minimum power output in Year 25 of
at least 80% of Year 1. Since the value of solar panels is measured by their production of watts and the
value of electricity, it is easy to calculate expected resale value. Even using extremely conservative
assumptions, the value of the solar modules alone greatly exceeds the cost of decommissioning. This does
not factor in the recycle value of other raw materials like steel, copper, etc. So, decommissioning is seen
as a process that results in a net profit, incentivizing the proposed SEF owner to do it.
3) In the extremely unlikely, "worst -case" scenario where (1) the proposed SEF owner fails to decommission
and neither our lender nor any power generation entities want the assets, and then (2) the landowner fails
U
100 N 6th Street, Suite 4100 612.230.0172
Minneapolis, MN 55403 www.us-solar.com
to decommission the proposed SEF (which the landowner would have the right to do under the Property
lease), and then (3) the decommissioning financial bond was insufficient to decommission the proposed
SEF, Weld County would have its standard police powers to enforce decommissioning. If that process
ultimately resulted in Weld County gaining ownership of the property, Weld County could sell the parcel
which would absolutely exceed the decommissioning cost.
DECOMMISSIONING FINANCIAL SURETIES
Despite the considerations of 1) the proposed SEF is not a public nuisance, 2) the resale and recycle
value is expected to exceed the cost of decommissioning, and 3) Weld County and taxpayers are not at
risk, we propose posting with Weld County an irrevocable bond in an amount sufficient to fund the
estimated decommissioning/reclamation costs as required in Weld County Code Sec. 23-4-1030.
This financial surety provides an extra layer of security that the proposed SEF site will be returned to the
appropriate condition at the end of the Proposed SEF's useful life or earlier, should the proposed SEF
cease operations for a twelve-month period. The landowner will be provided a copy of the document,
thereby establishing the obligation before construction commences.
The bond will be in the amount of $150,522 based on Table 1 below. The estimated costs provided in this
table are based on the New York State Energy Research and Development (NYSERDA) guidance
document titled "Decommissioning Solar Panels." The cost estimate will be updated every five (5) years
from the establishment and submittal of the security.
Table 1: Estimated Decommissioning Costs for Auburn Solar Project
Remove Rack Wiring $6,147
Remove Panels $6,125
Dismantle Racks $30,875
Remove Electrical Equipment $4,625
Breakup / Remove Concrete Pads $3,750
Remove Racks $19,500
Remove Cable $16,250
Remove Ground Screws and Power Poles $34,625
Remove Fence $12,375
Grading $10,000
Seed Disturbed Areas $625
Truck to Recycle Center $5,625
TOTAL: $150;522
PERFORMANCE BOND
(Annual Form)
Bond No.: SURU2210005209
KNOW ALL MEN BY THESE PRESENTS, that we, USS AUBURN SOLAR LLC, as Principal, and ASCOT SURETY & CASUALTY
COMPANY licensed to do business in the State of COLORADO, as Surety, are held and firmly bound unto STATE OF
COLORADO, COUNTY OF WELD (Obligee), in the penal sum of ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED
TWENTY TWO and 00/100 Dollars ($150.522.0)), lawful money of the United States of America, for the payment of
which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors,
administrators, and successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain
Findings of Fact/USR with the above named Obligee, effective the 21st day of December , 2023_, for USR23-
0028 and more fully described in said Findings of Fact/USR, a copy of which is attached, which Agreement is
made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge,
expand or otherwise modify the term of the as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Obligation, according to the terms, stipulations or conditions thereof, then this obligation shall become
null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the
Obligee subject to the following express conditions:
1) Notwithstanding the provisions of the Findings of Fact/USR, the term of this bond shall apply from 4TH
day of October , 202 until 4th day of October, , 2025, and may be extended by the Surety by
Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the
Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee
recoverable under this bond or any renewal or continuation thereof. 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.
2) The term of this Bond is to be in effect until decommissioning is complete as determined by the County of
Weld, unless released by Obligee prior thereto
3) The liability of the Surety shall not be discharged by any payment or succession of payments under this
Bond, unless and until such payment shall amount in the aggregate to the penal sum of the Bond, but in no
event exceed the penal sum of the Bond regardless of the number of extensions or years it may be in effect
4) That in the case of default of the Principal, the Obligee will give written notice to the Surety within thirty
(30) days thereafter
5) No right of action shall accrue under this Bond to or for the use or benefit of anyone other than the named
Obligee or its successors or assigns. No assignment by the Principal shall be effective without the written
consent of the Obligee and of the Surety
6) During the term of this Bond, the Surety shall notify both the Obligee and Principal by certified mail 120
days before the end of the current term. If decommissioning has not occurred and the Principal does not
extend the effective date of this bond or establish alternate financial assurance within 90 days after receipt
of notice by the Surety, the Obligee may draw on this bond.
7) All suits, actions on this Bond must be brought within thirty (30) days of the County of Weld determining
that decommissioning of the project is complete
8) If any conflict or inconsistency exists between the Surety's obligations as described in the Bond and as
described in the underlying Permit, then the terms of the bond shall prevail
9) The Surety's liability under this Bond shall not extend in any manner nor will the Surety be responsible to
pay any sums due related to hazardous waste clean-up, wetlands mitigation, remediation actions or
removal or responsibility for any of these pollution risks whatsoever, unless such matters are a direct result
of Principal's actions.
10) No modification of the Permit guaranteed by this Bond shall be binding on the Surety or covered by this
Bond without the written consent of the Surety
11) This Bond shall be governed by and construed in accordance with the laws of the State of Colorado without
reference to any choice of law principles. The Parties agree that the courts of Colorado and the Federal
Courts sitting therein shall have jurisdiction over any action or proceeding arising under the bond to the
fullest extent permitted by Applicable Law
Sealed with our seals and dated this 4th day of October , 2024
PRINCIPAL: USS AUBURN SOLAR LLC
Name/Title:
Zrecro^
fA cp ctes: iQd'r k
SURETY: ASCIT CASUALTY & SURETY COMPANY
e9//z-
Jenni r Ochs, Attb'rney-in-Fact
Agree and Acknowledged this dr't day of itigkec 20 'f
Obligee: Kevin D. Ross Board of County Commissioners, Chair
Name/Title:
Ney 2 0 2024
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On O C T 0 4 2024
Date
before me, EDWARD C. SPECTOR, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared JENNIFER OCHS
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(X) whose name) is/ik
subscribed to the within instrument and acknowledged to me that /she/y executed the same in
Mt/her/titmkauthorized capacity(ld , and that by Pa/her/MO< signature) on the instrument the person),
or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
EDWARD C. SPECTOR
oNotary Public - California z
Los Angeles County n
Commission S 2447241
My Comm. Expires May 16, 2027
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Signer's Name:
O2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Ascot Surety & Casualty Company
Ascot Insurance Company
55 W 46t° Street, 26. Floor
New York, NY 10036
Power of Attorney
KNOW ALL MEN BY THE PRESENTS:
That Ascot Surety & Casualty Company and Ascot Insurance Company, each a corporation organized and existing under the laws of the State
of Colorado (the "Companies"), do hereby constitute and appoint:
Marina Tapia, Edward C. Spector, Ethan Spector, B. Aleman, Sandra Corona, Aidan Smock, D. Garcia, Sarah Campbell, Jennifer Ochs, Erin
Brown, Jaren A Marx, Rachel A Mullen, Michelle Haase, Simone Gerhard, Alysha Mendoza and KD Wapato
of Los Angeles, CA (city, state) and each its true and lawful Attorneys) -in -Fact, with full authority to sign, execute, seal, acknowledge and
deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line is filled in, only within the area
and up to the amount therein designated, any and all bonds, undertakings, recognizances, and other contracts of indemnity or writings
obligatory in the nature thereof, issued in the course of its surety business, and to bond the Companies as follows:
Any such obligations in the United States not to exceed $50,000,000.00.
The Companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These
appointments are made under and by authority Resolutions adopted by the Board of Directors of the Companies, which resolutions are still in effect:
RESOLVED, that any of the Chief Executive Office, the Chief Operating Officer or the Chief Underwriting Officer, acting in conjunction with the head of the
surety business line for the Corporation (each an Authorized Individual° and, collectively, the Authorized Individuals.), are authorized to jointly appoint one or
more attorneys -in -fact to represent and act for and on behalf of the Corporation in the transaction of the Corporation's surety business to execute (under the
common seal of the Corporation if appropriate) bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof:
RESOLVED, that in conjunction with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the
seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto (electronic or otherwise) by facsimile and any such
Power of Attorney or certificate bearing such facsimile signatures or facsimile seals (electronic or otherwise) shall be valid and bonding upon the Corporation
when so affixed with respect to any bond, undertaking, recognizance or tother contract of indemnity or writing obligatory in the nature thereof;
RESOLVED, that in connection with the Corporation's transaction of surety business, the facsimile electronic or mechanically reproduced signature of any
Authorized Individual, whether made heretofore or hereafter, whenever appearing upon a copy of any Power of Attorney of the Corporation, with signatures
IN WITNESS WHEREOF, the Companies have caused these presents with the respective corporate seals and to be executed by the individuals
named below who are duly authorized and empowered to execute the Power of Attorney on the Companies' behalf, this 151 day of July 2024.
tos
oSEALV (jSEAL:JJ
2021 1 1888
Matthew Conrad Kramer (Chief Executive Officer)
ASCOT SURETY & CASUALTY COMPANY
ASCOT INSURANCE COMPANY
°111;L
a North (Exe Live Vice President, Surety)
STATE OF CONNECTICUT )
COUNTY OF FAIRFIELD ) ss.
On this 151 day of July 2024, before me came the above named Chief Executive Officer of each Ascot Surety & Casualty Company and Ascot Insurance
Company and the head of the surety business line for each of Ascot Surety & Casualty Company and Ascot Insurance Company, to me personally known to
be the individuals described herein, and acknowledged that the seals affixed to the preceding instrument and the corporate seals of each Ascot Surety &
Casualty Company and Ascot Insurance Company, and that the said corporate seals and signatures were duly affixed and subscribed to said instrument by
the authority and direction of said Companies.
KSENIA E. GUSEVA /4.-; w E
NOTARY PUBLIC
STATE OF CONNECTICUT Notary Public Ksenia E Guseva
My Commission Expires June 30, 2029 My commission expires on June 30, 2029
I, the undersigned Secretary of the Company, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Directors of the
Companies, and the Power of Attorney issued pursuant thereto, are true and correct, and further certify that both the Resolution and the Power of Attomey
are still in full force and effect.
This Certificate may be signed by facsimile under and by the authority of the following resolution of the Board of Directors of the Companies.
RESOLVED, that in connection with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the
seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto (electronic or otherwise) by facsimile and any such
Power of Attorney of certificate bearing such facsimile signatures or facsimile seal (electronic or otherwise) shall be valid and binding upon the Corporation
when so affixed with respect to any bond, undertaking, recognizances or other contract of indemnity or writing obligatory in the nature thereof;
IN WITNESS WHEREOF; I have hereunto set my hand and affixed the seal of the Companies, this 4th day of October , 20 24.
ASCOT SURETY & CASUALTY COMPANY
ASCOT INSURANCE COMPANY
J Gill, Secretary
All Claims Notices should be sent to Ascot Surety & Casualty Company 55 W 46. St, 26. Floor, New York NY 10036: Attention Surety Claims suretxciairnsfascotarou .cog
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0028, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - LESLIE MATSON, C/O USS AUBURN SOLAR, 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 6th day of
December, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Leslie Matson, P.O. Box 336668, Greeley, Colorado 80633,
c/o USS Auburn Solar, LLC, 100 N 6th Street, Suite 410B, Minneapolis, Minnesota 55403, for a
Site Specific Development Plan and Use by Special Review Permit, USR23-0028, 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 Recorded Exemption, RECX17-0143; being
pad of the NW1/4 of Section 35, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Nicole Affleck, US Solar,
100 N 6th Street, Suite 410B, Minneapolis, Minnesota 55403, 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 23-2-230.8.1 — 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.C 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 this
cv.P1.(0%/poi/oAhiwitolICANOs ASR (SO
APPL.
of/A4 /1N
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 2
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth." The Solar Energy Facility (SEF) will
provide construction jobs initially, and energy generation to Weld
County, both of 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.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. The SEF is within 500 feet of one (1) residence. The
applicant has obtained a signed waiver from this property owner.
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." Once the
proposed SEF is operational, residents, businesses, and pubic
entities within Xcel Energy's service territory will have the ability to
subscribe to the proposed SEF and save five to
ten (5% - 10%) percent on their monthly electric utility bills.
2) Section 23-3-40.FF — 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
Section 23-1-90 of the Weld County Code, a "Solar Energy Facility"
means: "a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other
accessory structures, equipment, including substations,
switchyards, battery storage, electrical infrastructure, generators,
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 3
transmission lines, communications infrastructure, and other
appurtenant structures and/or facilities." The SEF will encumber
approximately 28 acres and qualifies as a SEF USR. The SEF may
include one (1) construction trailer and three (3) conex (cargo)
containers onsite, during construction. These cargo containers shall
be removed from the site during operations or shall be reduced to
two (2), since two (2) cargo containers are allowed as an Accessory
Use, per Section 23 3-30.6 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. There are nine (9) agriculturally
zoned properties that surround this site. The surrounding land uses include
rural residences, agriculture, and the Lower Latham Reservoir. The SEF is
located on the south side of the subject property, about 1,400 feet south of
the road. There is one (1) residence to the east that is less than 500 feet
from the proposed facility. A waiver has been received from this property
owner concerning screening.
There are five (5) USRs within one (1) mile of the site. USR-1274, for a RV
storage facility; 2MUSR18-84-602, for an oil and gas services construction
yard and a second single family residence; USR19-0012, for a mineral
resource development facility; USR18-0129, for an oil and gas support
service facility; and USR19-0008, for a greater than 12 -inch high pressure
natural gas line.
Weld County Department of Planning Services staff sent notice to ten (10)
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. Three (3) letters of opposition were received. The concerns
outlined in the letters include aesthetics, diminished property value, weeds,
increase in traffic, incompatibility with residential and agricultural uses,
existing cattle grazing on the subject property, disturbance to wildlife
eagles, hawks, deer, coyotes, etc., high groundwater and flooding on the
subject property due to overtopping of the Lower Latham Ditch, and
personal safety and security with relation to the high-powered lines. The
above mentioned letters were sent to the applicant on August 13, 2023.
A virtual community meeting was held on September 11, 2023, invitations
were sent to all the SPOs within 500 feet and there were two (2) attendees.
The applicant submitted an email, dated October 9, 2023, that addressed
the attendee's concerns.
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 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 4
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 the Coordinated Planning Agreement Area (CPA) for the
City of Evans and the Town of Kersey. As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI). The City of
Evans and the Town of Kersey both submitted NOI forms, dated June 20,
2023, and the Town of LaSalle submitted a NOI form, dated June 28, 2023,
which all stated they had no concerns and they do not wish to annex. The
site is located outside of the Town of LaSalle's, and the City of Greeley's
and Evans' Future Land Use Maps.
The site is located within the three (3) mile referral area of the Cities of
Greeley and Evans and the Towns of LaSalle, Kersey, and Garden City.
The City of Greeley and Evans and the Town of LaSalle submitted referral
agency comments, dated July 7, 2023, July 6, 2023, June 28, 2023,
respectively, with no concerns. The Towns of Kersey and Garden City did
not submit referral agency comments.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter 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 A -P (Airport) Overlay District, Special
Flood Hazard Area, 1-25 Overlay District, Geologic Hazard Overlay District,
MS4 - Municipal Separate Storm Sewer System area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District. 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 soils designated as "Farmland of
Local Importance" low slope (0-3%), Vona sandy loam soils, per the USDA
Natural Resources Conservation Service (NRCS) Custom Soil Report. The
proposed use of the property for an SEF will not remove topsoil from the
property. After the life of the SEF the land may be returned to historic uses.
Mr. Matson will be able to use his pivot to farm his land to the west and
north (using a clock visual reference, from about 7 o'clock to 12 o'clock).
Currently, this 73 -acre agriculturally zoned parcel is used for row crops.
The SEF will encompass approximately 28 acres of the 73 acres, which
allows the remaining 45 acres to continue to be utilized as cropland.
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
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 5
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 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 Leslie Matson, do USS Auburn Solar, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0028, 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 (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. The applicant shall address the referral comments from the Division of
Water Resources, as stated in the referral response, dated July 25, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall address the referral comments from the Lower Latham
Reservoir Company (LLRC), as stated in the referral response, dated
July 24, 2023. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicant shall confirm whether or not the access road into the site is
within the LLRC easement. If so, the applicant will coordinate with LLRC to
access the site. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall acknowledge the advisory referral comments from the
Weld County Oil and Gas Energy Department, dated June 29, 2023.
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 USR23-0028.
2) The attached Development Standards.
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 6
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.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items 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 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.
8) The applicant shall show and label the location of the 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.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc., as 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 (CR) 52 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 future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 7
12) CR 45 Section Line is shown to have 60 feet of unmaintained
section line right-of-way, per the Weld County GIS right-of-way
map. The applicant shall delineate the existing right of -way on the
site plan. Show and label the section line right-of-way as 'CR 45
Section Line right-of-way, not County maintained." All setbacks
shall be measured from the edge of the right-of-way.
13) The applicant shall show and label the permitted access point onto
CR 52 and the usage types (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Development Review will
review the access location as a part of the plan submittal.
14) The applicant shall show and label the drainage flow arrows.
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 specified timeline from the date the administrative review was
signed, a $50.00 recording continuance fee 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.
2023-3456
PL2582
SPECIAL REVIEW PERMIT (USR23-0028) - LESLIE MATSON, CIO USS AUBURN SOLAR,
LLC
PAGE 8
B. The approved tracking control shall be constructed prior to on -site
construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The site shall not contain more than two (2) cargo containers.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of December, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d^ J
Weld County Clerk to the Board
B( Atixttl •Idanwttk-
Deputy Clerk to the Board
Attorney
12` Z
Date of signature:
2023-3456
PL2582
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LESLIE MATSON, C/O USS AUBURN SOLAR, LLC
USR23-0028
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0028, 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 twenty-five (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. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, as detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
10. 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
2023-3456
PL2582
DEVELOPMENT STANDARDS (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 2
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.
11. 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.
12. 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 this 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.
13. 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, 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.
14. 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.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. 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.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
18. Landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and any required
plantings that become diseased, infested, or otherwise unhealthy, shall be replaced within
the growing season, or next calendar year, whichever occurs sooner.
19. 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.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
2023-3456
PL2582
DEVELOPMENT STANDARDS (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 3
21. 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.
22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. 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.
25. 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.
26. 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.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction and operation of the facility.
28. 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.
29. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
30. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Lighting shall be maintained in accordance with the approved Lighting Plan.
33. 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
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
2023-3456
PL2582
DEVELOPMENT STANDARDS (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 4
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 Building Codes, 2018 International Energy 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 Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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.
2023-3456
PL2582
DEVELOPMENT STANDARDS (USR23-0028) - LESLIE MATSON, C/O USS AUBURN SOLAR,
LLC
PAGE 5
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.
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
45. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2023-3456
PL2582
Hello