HomeMy WebLinkAbout20242737RESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE 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 January 25, 2023, the Board of County Commissioners approved the
application of Lytle Farms, LLC, 21417 County Road 66, Greeley, Colorado 80631, c/o SunShare,
LLC, dba BecLee Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0024, 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 Family Farm Division, FFD21-0008;
being part of the E1/2 SW1/4 of Section 22,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, pursuant to Condition of Approval #5.A of the Resolution of USR22-0024,
BecLee Solar, LLC, has presented the Board with a Decommissioning Plan for said USR, and
requests the Board accept Surety Bond #SU 1198241-0000, insured through Atlantic Specialty
Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the
amount of $138,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or
reclamation of said solar energy facility, and
WHEREAS, staff recommends approval of the Decommissioning Plan and acceptance of
Surety Bond #SU 1198241-0000, 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 USR22-0024.
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 Surety
Bond #SU 1198241-0000, insured through Atlantic Specialty Insurance Company,
605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $138,000.00,
guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar
energy facility, as permitted and operated under USR22-0024, be, and hereby is, approved and
accepted.
4989875 Pages: 1 of 2
10/23/2024 10:25 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
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PL2846
DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR22-0024) - LYTLE FARMS,
LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: .4Qej
Weld County Clerk to the Board
APP
Deputy Clerk to the Board
ounty A ney
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Date of signature: _
71 / 24
Lori Saine
4989875 Pages: 2 of 2
10/23/2024 10:25 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
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WELD COUNTY,
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Ross, Chair
Freeman
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2024-2737
PL2846
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (USR22-0024)
DEPARTMENT: Planning Services DATE: 09/26/2024
PERSON REQUESTING: Diana Aungst
Brief description of the problemlissue:
Sunshare, LLC, dba BeeLee Solar, LLC, has submitted a Surety Bond for the Board of County Commissioner's
consideration. The applicant submitted the decommissioning and reclamation plan for USR22-0024 Solar
Energy Facility. USR22-0024 was conditionally approved by the Board of County Commissioners on January
25, 2023. The Surety Bond (#SU 1198241-0000) meets the intent of Condition of Approval #5.A of the
resolution. The Surety Bond meets the requirements of Section 23-4-1030.B.4 of the Weld County Code.
What options exist for the Board?
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Consequences: Consequence of not approving/accepting the surety - the County won't have collateral
in the event that the operator fails to follow through with reclamation. Taxpayers will be on the hook to remove
solar equipment and reclaim the property.
Impacts: Unknown
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Unknown
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030.6.4 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If
the surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #5.A.
of the resolution.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
mf
2024-2737
0/IV) PL2$`-kb
Jessica Reid
From:
Sent:
To:
Cc:
Subject:
Attachments:
Karla Ford
Thursday, October 3, 2024 7:55 AM
Michelle Wall
Cheryl Pattelli; Jill Scott; Esther Gesick; Chloe White; Jan Warwick; Jessica Reid; Cheryl
Hoffman; Diana Aungst; Maxwell Nader; Elizabeth Relford
RE: Pass -Around USR22-0024 Decommissioning Bond Review
9.26.24 Surety Bond Solar Energy Facility - USR22-0024.pdf
Four of the five commissioners support the recommendation to put this item on the agenda, if needed. Commissioner
Saine did not respond. You may move forward with four.
Original coming back through interoffice mail.
Thank you
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weld.gov :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-4:00p.m.°
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and
may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or
any attachments by anyone other than the named recipient is strictly prohibited.
From: Michelle Wall <mwall@weld.gov>
Sent: Wednesday, October 2, 2024 8:49 AM
To: Karla Ford <kford@weld.gov>
Cc: Cheryl Pattelli <cpattelli@weld.gov>; Jill Scott <jscott@weld.gov>; Esther Gesick <egesick@weld.gov>; Chloe White
<cwhite@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov>; Cheryl Hoffman
<choffman@weld.gov>; Diana Aungst <daungst@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: Pass -Around USR22-0024 Decommissioning Bond Review
Importance: High
Good morning,
The entire pass -around packet for the Commissioner's to sign is attached.
Cheryl: If you could please provide hearing dates for the applicant to consider for this hearing. They would like to have this
completed ASAP. Diana is available on October 9th, le or 16th.
Thank you,
Weld County Planning Department
1402 North 17th Avenue
Greeley CO 80631
Ph: 970.400.3531
Fx: 970.304.6498
mwall@weldgov.com
OOB
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
SURETY BOND
C Cop\D
BOND NUMBER SU 1198241-0000
KNOW ALL MEN BY THESE PRESENTS, that BecLee Solar, LLC, as Principal, and Atlantic
Specialty Insurance Company, a corporation duly organized under the laws of the State of
Ohio, as Surety, are held and firmly bound unto The Board of County Commissioners of Weld
County, Colorado , as Obligee in the sum of $138,000.00 lawful money of the United States, for
payment of which, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents, the liability
of the Surety being limited to the penal sum of this bond regardless of the number of years the
bond is in effect.
WHEREAS, the Principal has entered into a written agreement with the Obligee for the placement
of a solar energy facility comprised of solar energy collection cells/panels and related facilities
necessary to harness sunlight for energy generation and distribution and associated support structure,
braces, racking, wiring and related interconnection equipment which agreement sets forth the terms
and conditions which govern the use of such Permit USR22-0024 and which agreement is hereby
specifically referred to and made part hereof as Exhibit A ("Resolution"), and
WHEREAS, Weld County requires the submission of a bond guaranteeing the maintenance,
replacement, removal or relocation of said solar energy facility located at BecLee Solar LLC - 21417
CR, Greely, CO 80631, Weld County, CO and as further detailed in the revised Decommissioning
Plan, attached as Exhibit B.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee
against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance,
replacement, removal or relocation of side solar energy facility, then this obligation shall be void,
otherwise to remain in full force and effect unless cancelled as set forth below.
Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite
period of September 10, 2024 to September 10, 2025.
THIS BOND shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be December 31 of each calendar year), the
Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to
Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written
notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed to the Principal or
Surety, as the case may be. and to the Obligee requiring bond, as outlined in the notice section of
this Bond, and is actually received by the Principal or Surety, as the case may be, and the Obligee
at least thirty (30) days prior to the renewal date. However, neither: (a) the Surety's decision to
cancel, nor (b) the failure or inability of the Principal to file a replacement bond or other security in
the event the Surety exercises its right to cancel this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
NOTICE:
Principal:
BecLee Solar, LLC
1724 Gilpin Street
Denver, Colorado 80218
Surety:
Atlantic Specialty Insurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
Obligee:
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley, CO 80631
THIS BOND is signed, sealed, dated on the 10th day of September, 2024.
This bond is effective the 10th day of September, 2024.
BecLee Solar, LLC
By: C
sev.
Atlantic Specialty Insurance Company
is Hernande ., At rney-in-Fact
[intact]
INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: John L Habit, Nathan Wonder, Senfa Hernandez, Jack Meikle, each individually if there be more than one named, its
true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on iu behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of
such bonds, tecogntrances, contracts of indemnity, and all other writings obligatory in the nature thereof fn pursuance of these presents, shall be as binding upon said Company
as if they had been fully signed by an authorized officer of the gompany and sealed with the Company seal. This Power of Attorney is made and executed by authority of the
following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recogr.ances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -m -Fact and revoke all power and authority given to any such Attorney -in -
Fact
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recogt.ances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory fn the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and seaWug any bond,
undertakhng, recognizance or other written obligation in the nature thereof, and any such signature and seal where 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, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
By
STATE OF MINNESOTA
HENNEPIN COUNTY
fin" —
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instmment, and he acknowledged the execution of the same, and being by me
duly swam, that he Is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON DWAN NASH-TROUT
NOTARY POIeLOC -MINNESOTA I'
My Commission Expires
`f:�, L� January 31, 2026
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is fn full
force and has not been revoked, and the resolutions set forth above are now in force.
day of September 2024.
Signed and sealed. Dated 10th
This Power of Attorney expires
January 31, 2025
,
,,SP 0R,tTFn%
SEAL ^e
1986 0
FS
Kara Barrow, Seaetary
Please direct bond verifications to siirsty@intartinsuranrn.cont
Decommissioning/Reclamation
Plan
Fora USR Permit
BecLee Solar LLC
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number: USR Permit
Lytle Farms LLC (Parcel ID No. 080322300023)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
Denver, Colorado
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i.o Overview
As a condition of approval for the Site -Specific Development Plan and Use by Special Review
Permit, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for
the solar facility, that is to be reviewed and approved by the Weld County Department of
Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a
comprehensive plan for removal of the solar facility after its useful life and/or the termination of
power generation operations; and to return the subject property to conditions that existed prior
to the solar facility's construction.
The solar power generation facility has an estimated useful life of 3o years or more, with an
opportunity for a life of so years or more with equipment replacement and repowering. At the
end of the useful life of the facility, SunShare will cease power generation, decommission the
facility, and remove the components of the facility from the subject property. The site will be
reclaimed and returned to the agricultural use that existed prior to the facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry, during the life of this facility. SunShare
will follow solar industry standards and best management practices (BMPs) that exist at the time
of decommissioning and reclamation of the site.
1..1. Procedures for Decommissioning the Solar Facility
After Useful Life & Termination of Power Generation
The solar facility consists of numerous recyclable materials, including glass, semiconductor
material, steel, aluminum, copper, and plastics. When the facility reaches the end of its
operational life, the component parts can be dismantled, and for the most part, salvaged or
recycled at properly licensed facilities.
Some site features, such as internal roads, driveways, drainage features/improvements, and
electrical interconnections may remain on the site, depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site, will be approved by the Weld County Department of Planning
Services.
The following steps will be followed in the decommissioning of the solar facility:
Approximately one year prior to the planned decommissioning of the facility, SunShare
will schedule a pre -closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration. The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process. Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
Appropriate temporary (construction -related) erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
Effectively, the decommissioning of the solar facility proceeds in reverse order of the
installation:
1. A site -specific health and safety plan shall be developed, prior to beginning
decommissioning activities, which incorporates the specific sequence and
procedures to be followed.
2. Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site.
3. The solar facility shall be disconnected from the utility grid. This process will be
coordinated with Xcel Energy.
4. PV modules shall be disconnected, collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off -site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off -site at an approved recycling facility.
7. PV module support steel and support posts shall be removed and salvaged or
recycled off -site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials, inverters, and batteries, shall be removed and salvaged or recycled
off -site at an approved recycling facility.
9. Concrete foundations shall be removed and will be recycled off -site at an
approved concrete recycling facility.
io. Fencing shall be removed and will be recycled off -site at an approved recycling
facility.
ii. The site will be restored to its original condition, including any necessary
sculpting of soils to match existing natural contours and the re -seeding of
native grasses. Any soil that had been re -located for construction purposes will
be redistributed on the site or used for landscaping purposes. Soils will be
compacted for those areas where foundations or piers have been removed.
1.2 Equipment to be Used for the Decommissioning of
the Solar Facility
The decommissioning of the solar facility will be undertaken using traditional heavy
construction equipment, including front-end loaders, bull dozers, cranes, excavators (track -
mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to
transport materials to off -site salvage or recycle centers.
1.3 Dust Mitigation During the Decommissioning Phase
Water tankers will be used to help control dust while the decommissioning activities are
occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs
to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control
efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods
of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking
devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles
operating on the site during the decommissioning phase will limit their speed to 1.5 mph or less,
to minimize dust emissions.
1.4 Decommissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from
the establishment and submittal of the Security, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation
activities, including the following elements:
Decommissioning:
Fencing
Structures
Modules
Electrical
Site Restoration
$3,000.00
$6o,000.00
$30,000.00
$20,000.00
$25,000.00
Total
Clarifications — Inclusions and Exclusions
$1.38,005 Go -
1. Based on project drawings provided.
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel, aluminum, modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal, package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
9. Waste disposal fees and containers.
10. Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering, fees, errors, omissions additional
design intent not clearly delivered or identified
on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated TBD , 2022, the
Board requires SunShare, LLC to provide financial assurance to the County in the form of a
surety bond, in an amount established by the Director of the Department of Planning
Services, to ensure proper decommissioning of the facility. The surety bond is to name
the Board of County Commissioners of Weld County as beneficiary and be current and
active at all time during the life of the permit. The required surety bond will be
provided as part of this Decommissioning/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
ninety (9O) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation.
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