HomeMy WebLinkAbout20241111.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN, ACCEPT COLLATERAL FOR SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0013, FOR
A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT, AND
AUTHORIZE CHAIR TO SIGN - DAVID COGBURN, C/O US SOLAR
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 August 17, 2022, the Board of County Commissioners conditionally
approved the application of David Cogburn, 32485 County Road 49, Greeley, Colorado 80631,
do US Solar, 100 North 6th Street, #410B, Minneapolis, Minnesota 55403, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0013, for a Solar Energy Facility
(2.4 Megawatts on 18 acres) 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, RE -4581; being part
of the S1/2 SE1/4 of Section 24, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #410B, Minneapolis, Minnesota 55403, and
WHEREAS, pursuant to Condition of Approval #1.F of the Resolution of USR22-0013,
David Cogburn, c/o US Solar, has presented the Board with a Decommissioning Plan for said
USR, and requests the Board accept Performance Bond #7901024005 and Bond Continuation
Certificate, on behalf of USS Cogburn Solar, LLC, 100 North 6th Street, #410B, Minneapolis,
Minnesota 55403, issued through Nationwide Mutual Insurance Company, 1100 Locust Street,
Department 2006, Des Moines, Iowa 50391-2006, in the amount of $95,941.00, 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 #7901024005 and Bond Continuation Certificate since they comply with
Section 23-4-1030.B of the Weld County Code, and will satisfy Condition of Approval #1.F of the
Resolution of USR22-0013.
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.
4960847 Pages: 1 of 2
05/16/2024 12:56 PM R Fes:$0.00
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05/22/24
2024-1111
PL2828
DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR22-0013) - DAVID COGBURN,
C/O US SOLAR
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that Performance
Bond #7901024005 and Bond Continuation Certificate, issued through Nationwide Mutual
Insurance Company, 1100 Locust Street, Department 2006, Des Moines, Iowa 50391-2006, in
the amount of $95,941.00, guaranteeing maintenance, replacement, removal, relocation, and/or
reclamation of said solar energy facility, as permitted and operated under USR22-0013, be, and
hereby is, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Performance Bond.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: dia./O j,p;eA.
Weld County Clerk to the Board
BY: Govt
Deputy Cle
AP OVED ,/'o' OR
•County A orney
Date of signature: O5/13
4960847 Pages: 2 of 2
05/18/2024 12:58 PM R Fee:80.00
Carly Koppaa, CI.rk and Raoordar, Wald County , CO
KevinRoss, Chair
Pro-Tem
Mike Freeman
Lori Saine
D
2024-1111
PL2828
A
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Performance Bond fora Solar Energy Facility (USR22-0013)
DEPARTMENT: Planning Services DATE: 3.25.2024
PERSON REQUESTING: Kim Ogle
Brief description of the problem/issue:
US Solar has submitted a Performance Bond for the Board of County Commissioner's consideration. The
applicant submitted the decommissioning and reclamation plan for USR22-0013 the Cogburn Solar Energy
Facility. USR22-0013 was conditionally approved by the Board of County Commissioners on August 17, 2022.
The attached Performance Bond meets the intent of Condition of Approval #1.F of the resolution. The
Performance 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 Performance Bond.
2. Approve the Performance Bond.
Recommendation.
Staff recommends that the Board approve the Performance 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 Performance bond is approved by the Board of County Commissioners it will satisfy Condition of
Approval #1.F of resolution 2022-2294.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Kevin D. Ross, Chair
Mike Freeman
Scott K. James
Lori Saine
Y4-
2024-1111
51CQ PLZZS
Cheryl Hoffman
To:
Cc:
Subject:
Attachments:
Good morning, Kim,
Kim Ogle; Maxwell Nader; Elizabeth Belford
Esther Gesick; Cheryl Hoffman; Jessica Reid
Decommissioning Performance Bond - USR22-0013 - US Cogburn Solar LLC
4736_001.pdf
Yesterday you brought over materials for this Decommissioning Plan, including the original Performance Bond
#7901024005 issued through Nationwide Mutual Insurance Company. We noticed that under 1) (3rd paragraph from the
top), the dates are not entered correctly and if they are warranty collateral shouldn't it be for 2 years? If it expires
01/23/24, it's already invalid. So definitely this performance bond needs to be corrected reflecting the right dates.
Kim, we'll take this one off the calendar for 04/10/24 since it's incomplete. Just let me know when you have the
corrected original bond.
Thanks!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
Nationwide
is on your side
Bond Continuation Certificate
Nationwide Mutual Insurance Company
1100 Locust Street, Dept. 2006
Des Moines, LA 50391-2006
Phone: 866-387-0457
Entail: bondcommdlinati.onwide.com
Nationwide Mutual Insurance Company, hereinafter called Company, in consideration of an Agreed Premium
hereby continues in force Bond Number 7901024005
Bond Description * Miscellaneous Bonds - Continuation Cert
in the sum of $95,941.00
on behalf of USS Cogburn Solar LLC
100 N 6th St 410B
Minneapolis, MN 55403
in favor of County of Weld, CO
for the extended term beginning 12:00:00 a.m. January 23, 2024
and ending 11:59:59 p.m. January 22, 2025
subject to all terms, conditions and limitations contained in the original bond.
This continuation certificate is executed upon the express condition that the Company's liability under the
bond and all continuation certificates issued shall not be cumulative and shall in no event exceed in the aggregate
the largest single amount stated on the original bond, any rider attached thereto, of any continuation certificate.
SIGNED, SEALED AND DATED November 2, 2023
NATIONWIDE MUTUAL INSURANCE COMPANY
Elizabeth Moore, Attorney -In -Fact
Continuation Certificate
The Original Certificate is to be filed with the Obligee Named.
PERFORMANCE BOND
(Annual Form)
Bond No.: 7901024005
KNOW ALL MEN BY THESE PRESENTS, that we, USS COGBURN SOLAR LLC, as Principal, and NATIONWIDE MUTUAL
INSURANCE 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 NINETY FIVE THOUSAND NINE HUNDRED
FORTY ONE and 00/100 Dollars ($95,941.00), 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 17TH day of AUGUST , 2022_, for _
USR22-0013 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 23rd
day of January , 202, until _ day of 23rd , 2024, 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 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 sixty (60) 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 and required as a result of the conditions set forth in the Permit or for tort liability
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 23rd day of January , 2023
PRINCIPAL: USS COGB :► OLAR LLC
Witness: LVL< Rr_14c;,A
Sarah Campbell, ness
Agree and Acknowledged this Cl� day of
Name/Title:'Reed R;clAers, , vice
SURETY: NATIONWIDE MUTUAL INSURANCE
COMPANY
Jen r Ochs, A'orney-in-Fact
20,4
Obligee: (J .
Name/Title: Kevin D. Ross, Chair
Board of Weld ((County Commissioners
ATTEST:. 6'(,e
Weld Caihty Clerk to he Board
BY:
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 JAN 2 3 i?3 before me,
Date
personally appeared
RHONDA LARSON, NOTARY PUBLIC
Here Insert Name and Title of the Officer
JENNIFER OCHS
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person) whose name) is/(X
subscribed to the within instrument and acknowledged to me that )(((she/t)(( executed the same in
N,Wher/Xjaauthorized capacity, and that by l(herAM(signature% on the instrument the person%,
or the entity upon behalf of which the person)) 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
WITNESS L , han%ry offi.ial seal.
RHONDA LARSON
Notary Pubiic - California
Los Angeles County
Commission 0 2329998
My Comm. Expires Jun 27, 2024
Place Notary Seal Above
Signature
Signature of Notary Public
RHONDA LARSON, 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
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
ADRIANA VALENZUELA; AIDAN SMOCK, B ALEMAN, D GARCIA; EDWARD C SPECTOR; EMILY NEWELL; ERIN BROWN; ETHAN SPECTOR;
JANINA MONROE; JEFFREY D PREVOST; JENNIFER OCHS; KD WAPATO; LAURA L PLAISANT; LEONA EVANGELISTA; LISA CRAIL; MARINA
TAPIA; MICHELLE HAASE; PAUL RODRIGUEZ; SIMONE GERHARD; TIMOTHY J NOONAN;
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
ed, _
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before one came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No. 02MC6270117
Qualified in New York County
Commission Expires October 19, 2024
Notary Public
My Commission Expires
October 19, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 23rd day of
JANUARY 2023
Assistant Secretary
BDJ 1(08-21)00
U
100 N 6m Street, Suite 410B 612.260.2230
Minneapolis, MN 55403 www.us-solar.com
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. US Solar's lease contract
with the property owner 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 components will be
dismantled and removed using minimal impact construction equipment, and materials will be safely
recycled or disposed. All non -utility owned equipment, conduits, structures, fencing, and foundations to
a depth of at least three (3) feet below grade shall be removed. USS Cogburn 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 soils in the access driveway and equipment pad areas by removing imported
aggregate material and concrete foundations; replace with soils as needed
The Proposed SEF site may be converted to other uses in accordance with applicable land use
regulationsat 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 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 residents and taxpayers are not at risk.
1) Our modules do not contain hazardous materials and the Proposed SEF is not connected to
governmentutilities (water, sewer, etc.). Additionally, almost all the land is permanent vegetation which
improves erosioncontrol, 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 govemment
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.
U
100 N 6th Street, Suite 410B 612.260.2230
Minneapolis, MN 55403 www.us-solar.com
3) In the extremely unlikely, "worst -case" scenario where (1) the Proposed SEF owner fails to
decommissionand neither our lender nor any power generation entities want the assets, and then (2)
the landowner fails 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) the Weld County and taxpayers are
not at risk, we propose implementing an irrevocable bond in an amount sufficient to fund the estimated
decommissioning/reclamation costs as.required by 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 Solar Garden'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 $95,941 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 entitled "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 Cogburn Solar Project
Remove Rack Wring
Remove Panels
Dismantle Racks
Remove Electrical Equipment
Breakup / Remove Concrete Pads
Remove Racks
Remove Cable
Remove Ground Screws and Power Poles
Remove Fence
Grading
Seed Disturbed Areas
Truck to Recycle Center
$3,744
$3,744
$18,840
$2,832
$2,256
$11,904
$9,936
$21,120
$7,560
$6,105
$800
$7,100
TOTAL: $95,941
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0013, FOR A SOLAR ENERGY FACILITY (2.4 MW ON 18 ACRES)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - DAVID COGBURN, CIO US SOLAR
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 17th day of
August, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of David Cogburn, 32485 County Road 49, Greeley, Colorado 80631,
c/o US Solar, 100 N. 6th Street, #410B, Minneapolis, Minnesota 55403, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0013, for a Solar Energy Facility
(2.4 Megawatts on 18 acres) 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, RE -4581; being part
of the S1/2 SE1/4 of Section 24, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #4108, 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10 addresses the Guiding Principles that serve as the
foundation for Land Use Policy in the County. Section 22-2-10.B
states: "One of the basic principles upon which the United States
was founded is the right of citizens to own and utilize property so
long as that use complies with local regulations and does not
interfere with or infringe upon the rights of others."
cc : PL(TP/MN/Ko), CA(KM), RPPL.
APPL. REP.
9/i3/9_2
2022-2294
PL2828
SPECIAL REVIEW PERMIT (USR22-0013) - DAVID COGBURN, CIO US SOLAR
PAGE 2
2) Section 22-2-30 addresses Land Use Goals and Objectives,
including Section 22-2-30.C, which states: "Harmonize
development with surrounding land uses." The adjacent land will
experience minimal nuisance from the SEF, which is an unmanned
energy development facility with limited traffic generation
once operational. The applicant has proposed screening and
landscaping options for residences within 500 feet of the facility.
Screening is required of adjacent property owners and will include
a single row of Rocky Mountain Juniper along the facility fence line
where it borders the neighbors. Rocky Mountain Juniper trees have
historically performed very well on sites with these soil conditions,
location and elevation, and local plant community composition. In
addition to providing a visual buffer from neighboring residences,
the landscape screening is designed to fit with the neighborhood
and benefit the local environment. Should neighbors request to not
be screened from the facility, the applicant will submit waivers from
these residents.
3) Section 22-2-60 addresses Natural Resource Goals and
Objectives, including Section 22-2-60.B, which states: "Support
responsible energy and mineral development." According to the
application, the Solar Energy Facility will connect into the Xcel
Energy power grid. The application states that efforts will be made
to protect the soil and minimize the impacts to the area. Further,
once operational, the proposed SEF creates no noise, odor, light or
flickering, vibration, vermin, dust, or other nuisances — its operation
is virtually unnoticeable to neighboring properties and it will not
impact surrounding property's right to quiet enjoyment. Additionally,
Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior
to development of energy and mineral resource production
facilities." This portion of County Road 66 is a gravel road that is
currently in engineering review as part of the County Road 66
alignment study, and possible right-of-way acquisition that could
potentially impact setbacks. There is existing overhead electric
service located south of County Road 66 and east of
County Road 49 rights -of -way.
B. Section 23-2-230.B.2 — The proposed use is consistent with the Intent of
the A (Agricultural) Zone District.
1) The proposed use, Solar Energy Facility, is permittable under
Section 23-3-40.FF of the Weld County Code as defined here; Solar
Energy Facilities (SEF'S), being more than five (5) acres in size, but
less than 160 acres in the Near/Urban Area, or being more than
five (5) acres, but less than 320 acres in the Agricultural/Rural Area.
This proposed facility is located in the urban/non-urban mix area.
Agriculture in the County is considered a valuable resource, which
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must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The
A (Agricultural) Zone District is established to maintain and
promote agriculture as an essential feature of the county. The
A (Agricultural) Zone District is intended to provide areas for the
conduct of agricultural activities and activities related to agriculture
and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of
other, incompatible land uses.
2) The proposal meets the Intent of A (Agricultural) Zone District,
including the Principles, Goals and Objectives as outlined in
Chapter 22, and permitted under Chapter 23, as the facility will
produce energy harvested from the sun and will not interfere with
adjacent agricultural operations.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Solar Energy Facility
is sited within 500 feet of 13 parcels. Of the thirteen (13) parcels there are
six (6) homes constructed within 500 feet of the facility. As part of the
application process, the County provided notice to these property owners,
and no responses were received. The proposed screening and
landscaping, Conditions of Approval and Development Standards will
assist in mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.8.4 — 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 solar energy facility is proposed to be less than
160 acres in the Near/Urban area, so it does not require a 1041 review.
The site is not designated as an Opportunity Zone on the Weld County
Comprehensive Plan. The site is located within the three (3) mile referral
area of the City of Greeley, and within the three (3) mile referral area and
Coordinated Planning Agreement area for the Town of Kersey. Both
municipalities responded with no concerns or recommendations.
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 within the
Airport Overlay District. The proposed SEF complies with the height
limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone
height limitations. Further, the proposed SEF will not create electrical
interference, include any lights, result in any glare in the eyes of pilots,
impair visibility in the vicinity of the Airport, create bird strike hazards, or
otherwise interfere in any way with the operations of the Airport, as required
by Chapter 23, Article V, Section 23-5-40, use restrictions. The applicant
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will be required to file with the Federal Aviation Administration, who will
ensure that the proposed SEF fully complies with FAA requirements for the
Greeley -Weld County Airport. The property is not within the Geologic
Hazard Overlay District, Agricultural Heritage Overlay District, or a Special
Flood Hazard Area. Building Permits issued on the property 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 entire facility will be located on Nunn clay loam soils, which are
classified with a C rating, per the soil report dated February 28, 2022, from
the Natural Resource Conservation Service Soil Survey. This soil type has
a low infiltration rate and high runoff potential. The land is classified as
prime farmland, if irrigated. The applicant indicated the land may be
returned to agricultural production if the site is decommissioned.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David Cogburn, c/o US Solar, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0013, for a Solar Energy Facility
(2.4 Megawatts on 18 acres) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. The proposed access to the Solar Energy Facility crosses the Union Lateral
Irrigation Ditch and the Roth Ditch located north of and parallel to
County Road 66. The applicant shall submit evidence of a recorded
vehicular crossing agreement and also a separate utility crossing easement
agreement between the Union Lateral Irrigation Ditch and the Roth Ditch.
The agreement shall be between the Union Lateral Irrigation Ditch and the
Roth Ditch and David Cogburn, surface property owner on behalf of
US Solar as leaseholder. Recorded evidence of each agreement shall be
submitted to the Department of Planning Services.
B. The applicant shall address the requirements of Xcel Energy, as stated in
the updated referral response dated June 7, 2022. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
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C. The applicant shall acknowledge the advisory comments of Magellan
Pipeline Company, LP, as stated in the updated referral response dated
May 26, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicant shall acknowledge the advisory comments of the Galeton
Fire Protection District, as stated in the referral response dated May 12,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet.
F. 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.
G. 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.
H. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0013.
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) 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.
5) 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
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sign specification details on the map. Refer to the Weld County Sign
Code.
6) 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.
7) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas
8) Setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located
in Section 23-3-70.E of the Weld County Code.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) County Road 66 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
12) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location, prior to construction.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the approved tracking control on
the site plan.
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15) The applicant shall show and label the accepted drainage features.
Permanent Control Measures should be labeled as "No-Build/No
Storage Area" and shall include the calculated design volume.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat, per the setback
requirements of 23-3-70.E of the Weld County Code.
18) All recorded easements and rights -of -way shall be delineated on
the plat by book and page number or Reception number.
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. Prior to the release of Building Permits, the applicant shall be
required to submit a complete access application for the
"preliminarily approved" access location as shown on this plan.
B. The approved access and 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 prior to the start of construction.
5. The Use by Special Review Permit 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 plat is ready to be recorded in the office of the
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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 17th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD/COUNTY, COLORADO
ATTEST: CI,dtiL ) JC,Gto��.C
Weld County Clerk to the Board
BY:
APP
County Attorney
Date of signature: Q/2/22
ScorK.James, Chair
an, Pro -Tern
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID COGBURN, C/O US SOLAR
USR22-0013
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0013, is for a
Solar Energy Facility (2.4 Megawatts on 18 acres) 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site once operational.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest natural grade below each solar panel to the highest extent of
the solar panel rotation.
6. 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.
7. 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.
8. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
9. 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.
10. 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).
11. 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
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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.
12. The site shall be maintained in accordance with accepted Property Maintenance Plan.
13. 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.
14. 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.
15. 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.
16. 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.
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for the "preliminarily approved" access location as shown on
this plan.
25. The historical flow patterns and runoff amounts on the site will be maintained.
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26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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
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recognize the various impacts associated with this development. Oftentimes, mineral
resource tes 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.
33. 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.
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