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Home My WebLink About20241175.tiffRESOLUTION RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0032, FOR A 7.5 MW SOLAR ENERGY FACILITY (SEF) IN THE A (AGRICULTURAL) ZONE DISTRICT - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, 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 November 8, 2023, the Board of County Commissioners approved the application of McKee Ranch, LLLP, P.O. Box 125, Lucerne, Colorado 80646, c/o CBEP Solar 6, LLC (formerly presented as CBEP Solar 16, LLC), P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0032, for a 7.5 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E112 NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to Condition of Approval #4.C of the Resolution of USR23-0032, Green Street Power Partners, LLC, on behalf of CBEP Solar 6, LLC, P.O. Box 1255, Sterling, Colorado 80751, has presented the Board with a Decommissioning Plan for said USR, and requests the Board accept Decommissioning Bond #PB02230800642, insured through Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $288,700.47, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility, and WHEREAS, staff recommends approval of the Decommissioning Plan and acceptance of Decommissioning Bond #PB02230800642, since they comply with Section 23-4-1030.B of the Weld County Code and will satisfy Condition of Approval #4.C of the Resolution of USR23-0032. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Decommissioning Plan, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners that Decommissioning Bond #PB02230800642, insured through Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $288,700.47, respectively, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility, as permitted and operated under USR23-0032, be, and hereby is, approved and accepted. 4961008 Pages: 1 of 2 05/17/2024 11:50 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1 AKW.W.IIIts,111111 GC : PI-. (ER/MN /c6 /DA / 3TM /KR/M.4) o6/o6/2`f 2024-1175 PL2734 APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: d.„7444, Weld County Clerk to the Board BY: td (,Dili c Deputy Clerk to the Board APP ED Count ttorney Date of signature: 6I i Li) 4961008 Pages: 2 of 2 05/17/2024 11:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO � u kmdfIPClialfellleililiriNitiliPIAIDIA II WELD COU Kevir ,D. Ross, Chair Perry L. BucPro-Tem Mike reeman o' K. James ri Saine 2024-1175 PL2734 1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Surety Bond for a.Solar Energy Facility (USR23-0032) DEPARTMENT: Planning Services PERSON REQUESTING: Chris Gathman DATE: 4/28/2024 Brief description of the issue: CBP Solar 6, LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The applicant submitted the decommissioning and reclamation plan for USR23-0032 Solar Energy Facility. USR23- 0032 was conditionally approved by the Board of County Commissioners on November 8, 2023 under CBEP Solar 16, LLC. On January 31, 2024, the Board of County Commissioners approved the written request by the applicant to change the applicant name CBEP Solar 16, LLC to CBEP Solar 6, LLC. The attached Surety Bond (PB02230800682) meets the intent of Condition of Approval #4.C of the resolution. The Surety Bond meets the requirements of Section 23-4-1030 B of the Weld County Code. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Do not approve the Surety Bond. 2. Approve the Surety Bond. Recommendation: Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4- 1030 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 #4.C of resolution 2023-1304. Approve Schedule Reco mendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair ��+n Cam► Lori Saine 2024-1175 5A3 PL2'134 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Chris Gathman Sunday, April 28, 2024 12:29 PM Cheryl Hoffman Esther Gesick; Maxwell Nader; Chloe White; Jan Warwick; Jessica Reid USR23-0032 Collateral review and scheduling request USR23-0032 PASS AROUND - SURETY BOND.pdf; 01312024 BOCC Resolution.pdf; Decommissioning Plan - McKee Ranch - 24.03.27.pdf; PB02230800642 Signed.pdf Dear Cheryl, Attached is the surety bond for a solar facility (USR23-0032) for pass -around and scheduling. Let me know if you have any questions and/or need anything else. Thanks, Chris Gathman Planner Ill Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 Bond No. PB02230800642 1 DECOMMISSIONING BOND KNOW ALL BY THESE PRESENTS: That we, Green Street Power Partners, LLC on behalf of CBEP Solar 6, LLC as Principal, and , Philadelphia Indemnity Insurance Company , an PA corporation duly authorized under the laws of the State of PA , as Surety, are held and firmly bound unto Weld County, CO , as Obligee in the maximum aggregate penal sum of Two Hundred Eighty Eight Thousand Seven Hundred Dollars and 47/100 Dollars (1288,700.47 ), 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. TI IE CONDITION OF TI IE OBLIGATION IS SUCI I TI LAT: Whereas, the Principal and Obligee have entered into an agreement whereb�T principal arees to Decommissioning Bond for PV Facih at Parce No. 0 524000024 in complete decommissioning in accordance with the weld county, ce which said agreement, dated March 26, 2024 , is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of the decommissioning referred to in said agreement. Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and well and truly keep and perform the decommissioning provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Provided further, that if the Principal fails to respond to the Obligee's notice of default or fails to perform its Decommissioning responsibilities as outlined in said agreement the Surety shall promptly and at the Surety's election and expense take one of the following actions: I. 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 sixty (60) days written notice of its desire to be relieved of Liability. Neither cancelation of this bond by the Surety nor the failure nor inability of the Principal to file a replacement bond shall constitute the basis for a claim recoverable under this bond. Bond No. PB02230800642 Nonpayment of the premiums associated with this Bond will not invalidate this Bond nor shall Obligee be obligated for the payment 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. 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 24th day of April , 2024 . Green Street Power Partners, LLC on behalf of CBEP Solar 6, LLC By: PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney Surety Bond Number: PB02230800642 Principal: Green Street Power Partners, LLC on behalf of CBEP Solar 6, LLC Obligee: Weld County, CO KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Traeie Hnuse its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S75.000 000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14i° of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, sly such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) Jstb Glomb, President & CEO Philadelphia IndemnityInsurance Company On this 5`" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swan said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Vanessa Mckenzie. Wary Public MoedOIYtrY My commission attpt.I November 5, 2024 Canmipbnnumber 1166304 Wait . 51nnaylvar tAmamb t Of N.. Notary Public: V� residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5. day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 24th day of April 2024 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Kimley»>Horn 3/26/2024 To: Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: McKee Ranch Solar— Decommissioning and Reclamation Plan Use By Special Review USR23-0032 Weld County, CO Dear Members of the Department of Planning Services, Kimley-Horn is pleased to present this Decommissioning and Reclamation Plan including decommissioning costs for the McKee Ranch Solar Project in Weld County, Colorado (USR23-0032). Kimley-Horn has experience providing consultation on more than 55 GW of solar energy development across the ccuntry, ranging in size from <1 MW to over 500 MW, including many solar facilities located in Colorado. The purpose of this decommissioning plan is to provide procedures and an opinion of probable construction cost for partial or full closure of the solar facility. Weld County code requires a decommissioning plan and performance guarantees to supplement plans submitted as part of a USR for Solar Energy Facility (SEF) application. This decommissioning plan details provisions for facility deconstruction and site restoration. Project Location CBEP Solar 6, LLC proposes to build a photovoltaic (PV) solar facility ("Solar Facility") with a nameplate capacity of approximately 4.625 MWnc ("Project"), located within the parcel with the legal description: East Half of the Northeast Quarter of Section 24, Township 6 North, Range 66 West of the 6th P.M., County of Weld, Colorado. Anticipated Service Life of the Project Unless the system is purchased by the Weld County or other entity, the facility shall be decommissioned in accordance with this Decommissioning Plan ("Plan"), restoring the site to as close to its agreed -upon post -decommissioned state as practicably possible upon expiration or termination of the Power Purchase Agreement. The Solar Facility will have a maturity date of twenty (20) years but carries an expected useful lifetime of more than 30 years. Commencement of Decommissioning This Plan assumes that the Facility will be decommissioned under any of the following conditions: 1. The land lease (including the exercise of any extension options) ends and will either not be renewed or a new lease will not be entered into for the Project. Kimley»)Horn Page 2 2. The system does not produce power for sale for a consecutive duration, usually 12 -month 'period, except in the instance of a force majeure event in which the Project is being repaired and/or restored. 3. The system is damaged and will not be repaired or replaced. Removal of Nonutility Owned Equipment To decommission the Solar Facility, the Project will include at a minimum: • Disconnection from the utility power grid • Removal of all Facility components: panels, inverters, wire, cable, combiner boxes, transformers, racks, trackers, tracker motors, weather monitoring, control system apparatus, etc. • Removal of all non -utility owned equipment (at point of interconnection), conduits, structures, fencing, and foundations to a depth of at least three feet below grade. • Restoration of property to a condition reasonably similar to its condition prior to Facility installation, or as initially agreed upon. Plant vegetation suitable for the location, native to the region, and which matches surrounding vegetation. The owner of the leased property may request in writing for certain items to remain, e.g., access roads. This decommissioning plan is based on current best management practices and procedures. This Plan may be subject to revision based on new standards and emergent best management practices at the time of decommissioning. Permits will be obtained as required and notification will be given to necessary stakeholders prior to decommissioning. Based on the extent of decommissioning, prior to beginning construction activities, the developer will submit applicable demolition and construction plans and permit applications which will outline the schedule and extents of demolition. Decommissioning activities will not begin prior to issuance of approved permits by local regulatory agencies with appropriate jurisdiction. Restoration of Property At the time of decommissioning, the Project Company will restore the Solar Facility to a mutually agreed upon pre-existing condition. All waste and excess materials will be disposed of in accordance with municipal, provincial and federal regulations. Waste that can be recycled under municipal programs will be recycled accordingly. Provided, however, the Project Company shall not be required to replace any structures that were removed to build the Solar Facility. The restoration will consist of de -compaction of the topsoil by disking or tilling and re -vegetation of the property. Mass grading is not anticipated since the initial project will not alter topography significantly. At the end of the project, the area will be seeded and fertilized with native vegetation as needed to return the site to as close as practicable to original or initially agreed -upon condition. Landscaping and paved entrance will remain following site restoration. The developer will coordinate with the County to monitor vegetation and drainage following restoration until permanent vegetation is established. Erosion and sediment control, re -seeding, soil stabilization, Kimley>>>Horn Page 3 weed control and fertilization will be provided by the developer as needed until the site is stabilized and approved to be completed by the County. Upon completion of the site restoration, a final report of activities will be submitted to the County documenting the process and results. Time Period to Complete Decommissioning The Project Company will have twelve (12) months from the date decommissioning commences to complete decommissioning. Provided, however, the Project Company shall be able to request an extension of an additional three months if it is in good faith diligently decommissioning and is delayed due to weather conditions or other items outside its control. Party Responsible for Decommissioning The Project Company is responsible for this decommissioning, provided however that the Project Company may contract with a third -party to perform the decommissioning on its behalf. Nothing in this plan relieves any obligation that the real estate property owner may have to remove the Facility as outlined in the USR Permit in the event the operator of the Facility does not fulfill this obligation. Decommissioning Cost Estimate and Bonding An engineer's opinion of probable construction cost and was prepared as part of this decommissioning plan. Exhibit A summarizes probable costs associated with decommissioning exclusive of salvage values. Weld County Code requires CBEP Solar 6, LLC to provide a faithful performance bond or security as a financial guarantee for proper decommissioning. This bond is separate from, and in addition to, performance bonding submitted for permitting. Furthermore, CBEP Solar 6, LLC will be required to submit detailed engineering plans at the time of decommissioning, and obtain construction permits as required by appropriate authorities. Expenses associated with decommissioning the Project will be dependent on labor costs at the time of decommissioning. For the purposes of this report, current RSMeans data was used to estimate labor, material, and equipment expenses. Fluctuation and inflation of the labor costs were not factored into the estimates. Total probable cost of decommissioning in Year 5 is estimated to be $288,700.47. Project Owner will update the Decommissioning and Reclamation Plan and submit for review by Weld County every five (5) years from the establishment and submittal of the Security. Kimley»>Horn PROFESSIONAL ENGINEERING CERTIFICATION Page 4 The Decommissioning and Reclamation Plan and associated cost estimate have been developed based on the proposed solar array, battery energy storage system, substation, and site plan for the McKee Ranch Solar project. The plan and estimate were prepared in accordance with engineering standards of judgement. The plan and estimate were prepared by Benjamin Diskin and reviewed by Adam Harrison, PE of Kimley-Horn and Associates, Inc. Adam Harrison, Licensed Professional Engineer, State of Colorado March 26, 2024 Kimley»>Horn EXHIBIT A Page 5 McKee Weld Decommissioning County, Ranch Solar Co Estimate Pro Forma w/o Salvage The Engineer has no ...-...,.i�-�..,. control over the cost of labor, materials, .. Opinions equipment, or over the costs costs Contractor's rn ir1 r1 methods hereinern are of based determining on the prices or over ,. competi_1 ie bidding or market market conditions. conditions. of Engineer's probable probable provided design ,e familiar information with costs the will construction known not vary to industry. frorr Engineer is opinions at The this Engineer of time probable and cannot represent costs. and LS does only = Lump the not guarantee Sum, HR = judgment that Hours. proposals, EA as = a Each, bids, or LF professional actual = Linear construction Feet. Quantity Unit Unit Price Total Price Item Mobilization 1 LS $12,490.00 Supervision 210 HR $99.00 $20,790.00 Temporary Facilities 1 LS $1,470.00 Safety 1 LS $990.00 Legal Expenses 1 LS $260.00 General Liability 'Hsu' drive 1 LS $1,070.00 Contractor's G&A 1 LS $2,010.00 SWPPP. (Disturbed Erosion Area) Ccntrol Measures 26 Ac $670.00 $17,098.40 Seeding 1.28 Ac $3360.82 $4.288.41 Tilling and rough 6' topsoil/scarifying grading e <isting access soil road 0.72 Ac $39,356.00 328,523.61 Remove and Recycle Chainlink Fence 4,457 LF $5.88 $26,216 60 Remove Power Pole 5 EA $1.117.55 $5,587.75 Remove and Recycle AC Cables 1,742 LF $3.58 $6,243.54 Remove and Recycle DC Cables 84,676 LF $0.27 $23,194.62 Backfill AC and DC trenches 44,551 LF $0.36 $16,249.06 1 8 EA $790.56 $6,324.48 Remove Inverters/Transformers and Recycle Remove Modules and Recycle Photovoltaic 1 U, 7 2 "1 ^ . EA �-. - $6.96 $74.618.16 1,576 EA $5.78 $9,109.28 Remove and Recycle Piles Remove Assemblies and Recycle Support 356.873 LB $0.05 $18,166.57 Contaminated Soils Testing 1 . LS $4,000.00 1 LS Reclamation Maintenance Monitoring and $10,000.00 Total: $288700.47 Notes: 1. 2 3. 4. Quantities A Labor Labor, Equipment site of similar were productivity material rental determined size was and and equipment rates mit determined used by comparing rates to derive were rates derived are from "unit/MW" rntentiai RSMeans based from rgilantities on quantities RSMeans the and/or RSMeans local for directly. erosion Online rental City (Heavy Cost facilities. and Index sediment control Construction, (CCI) 2024 for (scaling Greeley. data). CO. from 36 MW to 4.625 MW). CORRECTED RESOLUTION (Corrected to change the applicant name from CBEP Solar 16. LLC, to CBEP Solar 6, LLC, pursuant to a letter request and updated application, dated November 27, 2023, a copy of which is attached hereto) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0032, FOR A 7.5 MW SOLAR ENERGY FACILITY (SEF) IN THE A (AGRICULTURAL) ZONE DISTRICT - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, 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 8th day of November, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of McKee Ranch, LLLP, P.O. Box 125, Lucerne, Colorado 80646, c/o CBEP Solar 6, LLC, (formerly presented as CBEP Solar 16, LLC), P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0032, for a 7.5 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E112 NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, 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: 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22 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 cc: FL(ER/KW/cG/w/PA), CA(Krt), ASR(06), APPL. RPM.. REP. 02/2o/2u) 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 2 County's economy, land use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote financially responsible growth." The Solar Energy Facility (SEF) will provide construction jobs and energy to Weld County, which directly supports 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.C states: "Harmonize development with surrounding land uses." The adjacent land will experience minimal impacts from the SEF. The facility will be screened, by trees, from the property to the north, and if a screening waiver cannot be obtained, will be screened by trees to the south as well. 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." This Code Section supports the installation of the subject SEF, which is for energy development. The facility will provide power to be utilized by residences, businesses, and farming operations in Weld County. 2) Section 23-3-40.FF — Uses by Special Review, of the Weld County Code include, "Solar Energy Facilities (SEF'S), being more than five (5) acres in size, but less than 160 acres, in the Near/Urban Area, as shown on Appendix 21-8, or being mom 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, transmission lines, communications infrastructure, and other 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, CIO CBEP SOLAR 6, LLC PAGE 3 appurtenant structures and/or facilities." The SEF will encumber approximately 54.19 acres and qualifies as an SEF USR. The USR facility will also include two (2) storage containers, for construction and operation usage, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County Code. The applicant is also proposing a temporary construction trailer office, during construction. Per Section 23-4-190 of the Weld County Code: "a Zoning Permit shall not be required fora manufactured structure in the A (Agricultural) Zone District if such structure is already shown on an approved and recorded Use by Special Review map." C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The immediate adjacent lands consist of pastures, crops, and rural residences. The closest residences are approximately 500 - 550 feet to the north and approximately 600 - 700 feet to the south. There are three (3) USRs within one (1) mile of the site. USR21-0020, for a SEF (this permit was approved on the neighboring parcel to the east); MUSR16-0008, for an Oil and Gas Support Service Facility for parking, staging, storage and maintenance for a tank and water service trucking facility; and USR-995, for an Oil and Gas Production Facility, is located south of the site. Sonny View Estates Subdivision is located approximately 3,500 feet to the southwest. The Weld County Department of Planning Services sent notice to 12 surrounding property owners (SPOs) and no SPO responses have been received. The applicant held a neighborhood meeting on August 10, 2023, and two (2) SPOs attended. A summary of the conversation/discussion during the meeting was provided, which included issues such as impacts on property values and screening. The proposed use is in an area that can support this development and the existing screening, 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 the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a Coordinated Planning Agreement (CPA) area but is located within the three (3) mile referral areas of the City of Greeley and the Town of Eaton. The City of Greeley provided a referral response, dated August 9, 2023, which stated the property is 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, CIO CBEP SOLAR 6, LLC PAGE 4 located within their Long Range Expected Growth Area (LREGA) and is identified as Urban Reserve on the LREGA map. The City of Greeley outlined Development Code chapters concerning setbacks and landscaping that would apply if the project were annexed into the City of Greeley. The property is located just to the south of the Urban Growth Area for the Town of Eaton, per the Town of Eaton's Comprehensive Plan. In the referral response, dated September 22, 2023, the Town of Eaton stated they were in opposition of the development due to its location, potential impact to the future growth and development, removal of valuable real estate that could otherwise become commercial or residential, and negative impacts to surrounding uses and property values. The Town of Eaton's municipal limits are located approximately two (2) miles to the north and future land uses are not identified in the Urban Growth Boundary for this location. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard 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 Natural Resources Conservation Services (NRCS) Soil Survey indicated 61.5% of the site consists of (1-3% slope) Olney fine sandy loam, 16.7% Nelson fine sandy loam, 13.7% (Aquolls and Aquepts, flooded) and 8.2% is (1-3% slope) Kim loam. Both soil types are classified as "Farmland of local importance." Olney fine sandy loam is identified as Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60; Nelson fine sandy loam is identified as Farmland of local importance; Aquolls and Aquepts are identified as Prime farmland if drained, and either protected from flooding or not frequently flooded during growing season; and Kim loam is identified as Prime farmland if irrigated. The application states there is no irrigation system and no existing water rights with the property, thus crop production has been increasingly more challenging due to the lack of water. The applicant proposes to plant a native seed mixture and graze sheep on the site to maintain vegetation of a height of 18-22 inches. 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 5 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 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 McKee Ranch, LLLP, c/o CBEP Solar 6, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0032, for a 7.5 MW Solar Energy Facility (SEF) 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. A Final Drainage Report, stamped and signed by a Professional Engineer, licensed in the State of Colorado, shall be submitted. C. The applicant shall acknowledge the requirements of the Weld County Department of Building Inspection, as stated in the referral response, dated July 14, 2023. Written evidence of such shall be submitted to the Weld County Department of Planning Services. D. The applicant shall acknowledge the comments of the City of Greeley, as stated in the referral response, dated August 9, 2023. Written evidence of such shall be submitted to the Weld County Department of Planning Services. E. The applicant shall acknowledge the requirements of the Eaton Fire Protection District, as stated in the referral response, dated July 24, 2023. Written evidence of such shall be provided to the Department of Planning Services. F. The applicant shall address the recommendations of Colorado Parks and Wildlife, as stated in the referral response, dated August 31, 2023. Written evidence of such shall be provided to the Department of Planning Services. 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 6 G. The applicant shall acknowledge the comments of the Weld County Department of Oil and Gas Energy (OGED), as stated in the referral response, dated July 25, 2023. H. A Landscape and Screening Plan, that screens the site from the surrounding property owners and rights -of -way, shall be submitted to, and approved by, the Department of Planning Services. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR23-0032. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D 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) 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) 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. 7) 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) Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 9) Planned oil and gas surface development areas, corridors, access roadways, etc., as part of any executed Surface Use Agreement, if applicable. 10) The applicant shall show and label all recorded easements, and rights -of -way shall be delineated on the plat by book and page number or Reception number. 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 7 11) The applicant shall show the Colorado Department of Transportation (CDOT) State Highway 392 right-of-way on the map, along with the documents creating the right-of-way. 12) County Road 37 is a paved 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 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. 13) The applicant shall show and label the proposed access point onto County Road 37 and the usage type(s) (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 of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The Access Permit shall be obtained, and an approved tracking control method shall be constructed. C. 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 23-4-1030.8.4 of the Weld County Code, for acceptance and approval by the Weld County 2024-0266 PL2734 SPECIAL REVIEW PERMIT (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 8 Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. 5. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of January, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: d J. Weld County Clerk to the Board CAttiIVl •iCJda.ud kk- Deputy Clerk to the Board WELD COUN Kevin D. Ross, C f� . erry L. B k, Pro-Tem Mike >ireeman 2024-0266 PL2734 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MCKEE RANCH, LLLP, CIO CBEP SOLAR 6, LLC USR23-0032 1. Site Specific Development Plan and Use by Special Review Permit, USR23-0032, is for a 7.5 MW Solar Energy Facility (SEF) 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. 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 natural grade below each solar panel, to the highest extent of the solar panel rotation. 7. Glare. The SEF shall be 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. 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, detailed in the 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 2024-0266 PL2734 DEVELOPMENT STANDARDS (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 2 grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts, necessary. 11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant to the Fencing Plan, as presented in the application materials. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 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 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). 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 Public Works, 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 SEF, 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 and reclamation activities within 90 days of the Board of County Commissioners' order or Resolution directing decommissioning and 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, and 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 the replacement of any required plantings that become diseased, infested, or otherwise unhealthy, 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. 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. 2024-0266 PL2734 DEVELOPMENT STANDARDS (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 3 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 saritizers, 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. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. 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 2024-0266 PL2734 DEVELOPMENT STANDARDS (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 4 adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes, 2020 International Energy Conservation Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit application must be completed and two (2) complete sets of engineered plans, bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued, prior to the start of construction. 35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County 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 Board of County Commissioners signed Resolution, 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. 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 2024-0266 PL2734 DEVELOPMENT STANDARDS (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6, LLC PAGE 5 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. 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 e 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 f 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. 44. 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. 2024-0266 PL2734 MEMORANDUM TO: Board of County Commissioners DATE: January 29, 2024 FROM: Chris Gathman SUBJECT: Request to change applicant name for USR23-0032 from CBEP Solar 16, LLC to CBEP Solar 6, LLC Reauest: The applicant (in a letter dated November 27, 2023) has requested to change the applicant name for USR23-0032 from CBEP Solar 16, LLC to CBEP Solar 6, LLC. Background: CBEP Solar 6, LLC will own and operate the solar project and should replace CBEP Solar 6, LLC on all application materials. Originally CBEP Solar 6, LLC was associated with the Harring Solar Project (USR23-0005) in a different location which was subsequently denied by the Weld County Commissioners on May 3, 2023. XCEL energy has approved the relocation of the CBEP Solar 6, LLC contract to the USR23-0032 location. USR23-0032 was approved by the Board of County Commissioners on November 8, 2023. No additional material changes to the approved layout and conditions of USR23-0032 are proposed. Recommendation: Staff recommends approval of this change. 2024-0266 t/31 Pt -21M CLOUDBREAK CBEP SOLAR 6, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO@CLOUDBREAKENERGY.COM ERGY.COM DATE: November 27, 2023 PROJECT: McKee Ranch Solar Project SUBJECT: Record Correction - Updated Applicant To whom it may concern, CBEP Sola• 16, LLC would like to update the McKee Ranch Solar Project Application (USR23-0032) to change the applicant to CBEP Solar 6, LLC. This entity, CBEP Solar 6, LLC, will own and operate the McKee Ranch Solar Project and should replace CBEP Solar 16, LLC on all application materials. Cloudbreak Energy Partners, LLC is the parent organization for both of these companies and needs to make this update so that the company that signed all of the contracts with the Public Service Company of Colorado (d.b.a. Xcel Energy ) is the same company that is on the USR application. Originally, the Xcel Energy contracts with CBEP Solar 6, LLC belonged to the Harring Solar Project (USR23-0005), but this USR was not approved by the Weld County Board of County Commissioners. Xcel Energy has approved the relocation of this contract to the McKee Ranch Solar Project (USR23-0032). Please reach out to Brysen Daughton (brvsen@cloudbreakenergy.com) for any questions or clarifications on this request. Thank you for your assistance updating the McKee Ranch Solar Project (USR23-0032) application materials to reflect this new applicant, CBEP Solar 6, LLC. Best, Brysen Daughton Project Developer Cloudbreak Energy Partners, LLC 970.425.3501 brysen@cloudbreakenergy.com (970) 425-3175 ( INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation?[]No /❑Yes Violation Case Number: Parcel Number: 0 8 0 5. 2 4. 0 _ 0 0 0 2 4 Site Address: NEAR 32501 COUNTY ROAD 37, Greeley, CO 80631 Legal Description: A portion of 17885 E2NE4 24 6 66 EXC COMM E4 COR W30 TO POB N 104.5 W 209 S 104.5E 209 TO POB Section: 24 , Township 6 N, Range 66 W Zoning District: A Acreage: 78.124 Within subdivision or townsite?ONo /Ekes Name: Water (well permit # or water district tap #): NIA Sewer (On -site wastewater treatment system permit # or sewer account #): 51A Floodplain ❑No / DYes Geological Hazard DNo / ❑Yes Airport Overlay ❑✓ No / [Yes PROJECT USR Use being applied for: Solar Facilities Name of proposed business: CBEP SoIar "C PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Company: McKee Ranch LLLP Phone #: (307) 399-3925 Email: countrycamr6©gmail.com Street Address: P.O. Box 125 City/State/Zip Code: Luceme, CO 80646 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if them is an Authorized Agent) Name: Zach Grammer Company: CBEP Solar 6, LLC Phone #: (970) 580-5652 Email: zach@cloudbreakenergy.com Street Address: P.O. Box 1255 City/State/Zip Code: Sterling, CO 80751 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. 11/27/23 Sigrire Date Signature Date Zach Brammer Print Print 07/22 Hello