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Home My WebLink About20240834.tiffRESOLUTION RE: APPROVE TWO (2) DECOMMISSIONING PLANS, ACCEPT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0027, FOR SOLAR ENERGY FACILITIES (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT, AND AUTHORIZE CHAIR TO SIGN - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, 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 4th day of January, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CBEP Land 2, LLC, c/o CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the W1/2 of Section 34, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to Condition of Approval #4.C of the Resolution of USR22-0027, Green Street Power Partners, LLC, on behalf of CBEP Solar 2, LLC, 1 Landmark Square, Suite 320, Stamford, Connecticut 06901, has presented the Board with a Decommissioning Plan for the Bickling #1 Solar Project, for said USR, and requests the Board accept Surety Company Annually Renewable Decommissioning Bond #PB02230800594, insured through Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $168,161.05, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility, and WHEREAS, pursuant to Condition of Approval #4.C of the Resolution of USR22-0027, Green Street Power Partners, LLC, on behalf of CBEP Solar 8, LLC, 1 Landmark Square, Suite 320, Stamford, Connecticut 06901, has presented the Board with a Decommissioning Plan for the Bickling #2 Solar Project, for said USR, and requests the Board accept Surety Company Annually Renewable Decommissioning Bond #PB02230800595, insured through Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $89,049.42, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility, and WHEREAS, staff recommends approval of the two (2) Decommissioning Plans and acceptance of Surety Company Annually Renewable Decommissioning Bonds #PB02230800594 and #PB02230800595, since they comply with Section 23-4-1030.6 of the Weld County Code and will satisfy Condition of Approval #4.C of the Resolution of USR22-0027. 4955706 Pages: 1 of 2 04/19/2024 12:16 PM R Fee:$0.00 Carly Kopp.., Clark and Raoorder, Weld County , CO �N J i II II cc;PL(ER/tN/Ko/vA/silt/ 2024-0834 KR/,4',1) 04 /.2.6/21 PL2852 TWO (2) DECOMMISSIONING PLANS AND ACCEPT COLLATERAL (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Decommissioning Plans, be, and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Company Annually Renewable Decommissioning Bonds #PB02230800594 and #PB02230800595 , insured through Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amounts of $168,161.05 and $89,049.42, respectively, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facilities, Bickling #1 Solar Project and Bickling #2 Solar Project, as permitted and operated under USR22-0027, be, and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said decommissioning bonds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: d,O Weld County Clerk to the Board BY: . 1,0v t,t) ► Ue- Deputy Clerk to the Board APPD AS my • - :rney Date of signature: UI I"1 1'44 0 . Kevi! Ross, Chair kV:40% Perry L 4' k, Pro-Tem 4955706 Pages: 2 of 2 04/19/2024 12:18 PM R Fee:$0.00 Carly Koppu , C1•rk and Reoorder, Weld County , CO NA, 1111 2024-0834 PL2852 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS AROUND TITLE: Surety Bond for a Solar Energy Facility (USR22-0027) DEPARTMENT: Planning Services DATE: 3.25.2024 PERSON REQUESTING: Kim Ogle Brief description of the problem/issue: CBEP Land 2, LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The applicant submitted the decommissioning and reclamation plan for USR22-0027 the CBEP Land 2, LLC, do CBEP Solar 2, LLC and CBEP Solar 8, LLC Solar Energy Facility. USR22-0027 was conditionally approved by the Board of County Commissioners on January 4, 2023. The attached Surety Bond 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 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 #4.C of resolution 2023-0070. ' Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Kevin D. Ross, Chair Mike Freeman Scott K. James Lori Saine 2024-0834 LIAR O PLZ 852. BOND # PB02230800594 Surety Company Annually Renewable Decommissioning Bond KNOW ALL MEN BY THESE PRESENTS: That Green Street Power Partners. LLC on behalf of CBEP Solar 2. LLC (hereinafter called the Principal), and Philadelphia Indemnity Insurance Company Surety Company (hereinafter called the Surety), are held and firmly bound unto Weld Count(hereinafter called the Obligee), in the full and just sum of une Hundred sixty Eignt 1 nousana une rwnarea sixty une uoliars anct Dollars($168,161.05the a ent of which sum, well and truly to be made, the 05/100 ), payment said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 31st day of October , 2022 entered into a Contract with the Obligee Decommissioning Plan for PV facility located at Parcel No. 080334200006 in Weld County, Colorado for which contract is hereby referred to and made a part hereof. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one year. NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Contract at the time and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond is subject to the following conditions: 1. This bond is for the term beginning February 10, 2023 and ending February 10, 2024 . The bond maybe extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non -renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. 2. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written statement of the facts of such default, within thirty (30) days of the occurrence. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume the remainder of the Contract and to perform or sublet same; c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the Principal. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee. 5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail. 7. This bond shall not bind the Surety unless the bond is accepted by the Obligee. The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void. Signed and sealed this 10th day of February 2023 PRINCIPAL: Green Street Power Part - - , kLC • • - - - half of CBEP Solar 2, LLC By: (name & title) (seal) SURETY: 1 er; 9• %1.s Philadelph.. demnity lnsur. ` e Camp's . �� m z ...zios)445•••• ** SI& ese ouse Attorney in-notma► n THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE). ACKNOWLEDGED AND ACCEPTED BY: PRINTEDNAME/TITLE: Kevin D. Ross, Board of Weld County Commissioners Chair DATE: APR 1 0 2024 PLEASE RETURN A COPY OF ACCEPTED BOND TO: Green Street Power Partners, LLC on behalf of CBEP Solar 2, LLC 1 Landmark Square, Ste 320, Stamford, CT 06901 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney Surety Bond Number. PB02230800594 Principal: Green Street Power Partners, LLC on behalf of CBEP Solar 2, LLC Obligee: Weld County 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 Trade House 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 $75,000,000. 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 14th 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 Attorney(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, any 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) IohGlomb, President & CEO Philadelphia Indemnity insurance Company On this 5th day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn 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. CenanOrn oal. of Pennsylvania - Notary gal Vanua Mc snzle,NotaryPublic MontpomaryCounty MY aommtaaiea axptras Novemtar3, 2024 CoMmISOlonnumbor 1306394 Hamner pannseea ro n a,nas.. of N.tne as Notary Public: residing at: My commission expires: 1/...04.4441f, Bala Cynwyd, PA November 3, 2024 I, 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 5th 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 10th day of February �Qs�s Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 2023 A CLOUDBREAK CBEP SOLAR 2, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOU DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bickling #1 Solar Project SUBJECT: Decommissioning Plan Approach CBEP Solar 2, LLC has developed this decommissioning plan for the Bickling #1 Solar Project, to be implemented after the contracted lease term has ended. CBEP Solar 2, LLC, the owner of the 2.375 MW AC Solar Energy Facility (SEF) will be responsible for the decommissioning. Decommissioning of the Project will include removal of all above and below -ground infrastructure, including the arrays, inverter structures, concrete foundations and pads, and electrical infrastructure. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. The property shall be restored to a condition reasonably similar to its condition prior to development of the 2.375 MW AC SEE. Grading and re -vegetation will comply with all applicable rules and regulations. Exclusions from the decommissioning plan include planting trees, removing internal site roads, and re -grading to previous conditions. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least 3' below grade shall be removed. Decommissioning activities will follow the CDOT best management practices (BMPs) for erosion and sediment control and stormwater management that are applied during project construction, or any new BMPs relevant at the time. CBEP Solar 2, LLC will decommission the Project once the contracted lease term is over, if the lease term is not extended or renewed. Decommissioning may also be initiated if the project is no longer viable, or in the case of a force majeure event (described below). CBEP Solar 2, LLC will provide notice to Weld County prior to commencement of decommissioning the Project. Estimated Timeline and Cost Decommissioning/reclamation shall commence within 12 months after power production has permanently ceased and be completed within 12 months from the start date of the decommissioning/reclamation work. Decommissioning/reclamation cost estimates, which shall be updated every five years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: (970) 425-3175 I INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 All labor, equipment, transportation, and disposal costs associated with the removal all facility components from the facility site All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction All decommissioning/reclamation activity management, site supervision, and site safety costs All other costs, including administration costs, associated with the decommissioning and reclamation of the facility site The established date of submission of the financial assurance mechanism to Weld County Prior to construction, CBEP Solar 2, LLC will provide the County with an irrevocable standby letter of credit, bond, or alternate form of financial assurance mechanism in an amount sufficient to fund the estimated decommissioning costs required by the Code. The Security shall: Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials Include an automatic extension provision or "evergreen clause" Be "bankruptcy remote", meaning the financial assurance mechanism will be unaffected by the bankruptcy of the SEF operator Weld County, in its sole discretion, may approve alternative forms of a financial assurance mechanism such as, but not limited to bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. Furthermore, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial assurance mechanism, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within 90 days of the Board of County Commissioners order or resolution directing decommissioning/reclamation. Continued Beneficial Use If prior to decommissioning the Project, the landowner determines that any of the Project components can be beneficially used on the land after disassembly, such items would be (970) 425-3175 I INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 3 exempt from the requirements for decommissioning. If a third party acquires the Project or a portion of the Project, such third party would be responsible for providing evidence of a plan of continued beneficial use for their relevant Project components. Force Majeure An exception to these requirements will be allowed for a force majeure event, which is defined as any event or circumstance that wholly or partly prevents or delays the performance of any material obligation arising under the Project permits, but only to the extent: Such event is not within the reasonable control, directly or indirectly, of CBEP Solar 2, LLC (including without limitation events such as fire, earthquake, flood, tornado, hurricane, acts of God and natural disasters; war, civil strife or other similar violence); CBEP Solar 2, LLC has taken all reasonable precautions and measures to prevent or avoid such event or mitigate the effect of such event on CBEP Solar 2, LLC's ability to perform its obligations under the Project permits and which, by the exercise of due diligence, it has been unable to overcome; and Such event is not the direct or indirect result of the fault or negligence of CBEP Solar 2, LLC. In the event of a force majeure event, which results in the absence of electrical generation by the Project for 12 months, CBEP Solar 2, LLC must demonstrate to Weld County by the end of the 12 months of non -operation that the Project will be substantially operational and producing electricity withi'i 24 months of the force majeure event. If such a demonstration is not made to Weld County's satisfaction, then decommissioning of the Project must be initiated 18 months after the force majeure event. (970) 425-3175 I INFO@CLOUDBREAKENERGY.COM ( CLOUDBREAKENERGY.COM TRC To: Mr. Zach Brammer and Alec Shobe CBEP Solar 2, LLC 4845 Pearl East Circle St. 118 #53242 Boulder, Colorado 80301 Weld County Planning Department 1150 O Street P.O. Box 758 Greeley, CO 80631 RE: Decommissioning Plan 700 Highlander Blvd., Suite 210 Arlington, TX 76015 T 817.522.1000 TRCcompanies.com October 31, 2022 TRC Engineers, Inc. (TRC) is pleased to provide this decommissioning cost estimate to Weld County for the 2.375 -megawatt (MW) ground -mounted photovoltaic system on approximately 20.06 acres (enclosed within a fence) on a 11335 -acre parcel located in Weld County, Colorado (the Project). The attached decommissioning cost is prepared under the responsible charge of and has been reviewed by a Professional Engineer licensed in Colorado. This opinion of probable costs is based on the engineer's experience in the design and construction of energy facilities and is subject to final engineering. Costs have been split between plant disassembly and site restoration, which reflect the overall decommissioning process. This opinion assumes a third -party contractor, experienced in the construction and decommissioning of PV facilities will lead the effort. The reported costs include labor, materials, taxes, insurance, transport costs, equipment rental, contractor's overhead, and contractor's profit as applicable. Labor costs have been estimated using regional labor rates and labor efficiencies from RS Means along with previous decommissioning plan estimates completed for other similar projects. The PV facility will be disassembled by removing all above and below grade components. This includes, but not limited to, complete removal of asphalt and gravel surfaces and site concrete, along with the removal of above ground and any buried cables and all underground conduits. These costs include the regrading and reseeding of all disturbed removal areas, as well as the backfilling and stabilization of all trenches. In addition, other costs associated with the decommissioning and reclamation of the facility site, such as administrative costs, are included. The decommission estimate includes labor costs in 2022 and will be updated in five (5) years. This estimate has been prepared using accepted practice and the best information readily available at the time of preparation. Sincerely, TRC Engineers, Inc. October 31, 2022 Kelsey frlaisdel1, P.E. Date Principal Engineer DECOMMISSIONING COST ANALYSIS DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST (2022) LOGIC I. DISASSEMBLY & DISPOSAL 1.0 Disconnect of Electrical System 1 EA EA $ 1,200.00 $ 1,200.00 *Assumes one 10 hr day fora qualified lineman. 2.0 PV Modules 3.0 Inverter. 4,400 19 EA EA $ 5.17 9 115,48 $ 22,748.00 $ 4,0944$ *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove ^250 panels/day. *Use Grew A.6 (i Mtwara' ,16 Triwk Driver, Ili Flatbed Tr,s'k) = 91'3/1/day, AMMO' ova can remove gfday, 4.0 Transformer(s) 5.0 Racking Frame (SAT) 2 79 EA EA $ 1,586.13 $ 16.16 $ 3,172.26 $ 1,276.64 *RS Means 260505101570, 750 kVA. *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. 6.0 Racking Posts 7.0 Tracker Motors 629 79 EA EA $ 16.16 $ 10.49 $ 10,164.64 $ 828.71 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. 'Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip. Oper. (crane); .5 S.P. Crane, 4z4, 5 ton) _ $839.32. Assume crews can remove 80/day. 8.0 LV Wiring 9.0 MV Wiring 24,630 2,702 LF LF $ 1.40 $ 0.57 $ 34,482.00 $ 1,540.14 'RS Means 260505100390 N10, 3 wire Romez. *RS Means 2605051019404/Q THW-THWN-THHN ($57.27/CLF). 10.0 Fence 11.0 20' Gates 3,130 1 LF EA $ 2.59 $ 201.05 $ 8,106.70 $ 201.05 'Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 500 LF/day. *RS Means 024113620400. 12.0 Concrete 13.0 Gravel (Access Road) 93 1,365 CY CY $ 67.16 $ 21.30 $ 6,245.88 $ 29,074.50 'Use Crew 8-38 (2 Laborers; 1 Equip Oper; 1 Truck Driver; 1 Backhoe; 1 Dump Trk) _ $3,358/day. Assume crews can remove 50 CY/day. *Use Crew 8-17 +4 trucks (2 Laborers; 1 Equip Oper; 4 Truck Driver; 1 Backhoe; 4 Dump Trk) _ $6,390/day. Assume 300 CY/day, 1hr cycle. 14.0 Removal of utility poles 4 EA $ 375.00 $ 1,500.00 Estimate includes labor and all required tools and vehicles. 15.0 General Conditoins 1 MW $ 3,000.00 SUBTOTAL $ 3,000.00 $ 127,634.64 *Use Crew B -3B (2 Laborers) 2 days with required equipment for removal. II. SITE RESTORATION 1.0 Re -Seeding (Includes seed) 20.06 AC $ 2,000.00 $ 40,120.00 *Cost includes: (Seed:4-7 species (native types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man & machine). 2.0 Re -Grading 1,767 SY $ 0.23 SUBTOTAL $ 406.41 $ 40,526.41,gr, *RS Means 312216103300. TOTAL DEMOLITION COSTS $ 168,161.05 * = Costs derived from RS Means Heavy Site estimating manual (assume 30 hr shift) DECOMMISSIONING COST ANALYSIS DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST (2822) IODIC I. DISASSEMBLY & DISPOSAL 1.0 Disconnect of Electrical System 1 EA EA $ 1,200.00 $ 1,200.00 'Assumes one 10 hr day fora qualified lineman. 2.0 PV Modules 3.0 Inverter(s) 4,400 19 EA EA $ 5.17 $ 215.48 $ 22,748.00 $ 4,094.12 'Use Crew A-5 (2 Laborers; .25 Truck Driver; ,25 Flatbed Truck) _ $1,293/day. Assume crews can remove -250 panels/day. 'Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 6/day. 4.0 Transformer(s) 5.0 Racking Frame (SAT) 2 70 EA LA $ 1,586.13 6 lE.1B $ 3,172.26 ! 1,278.64 'RS Means 260505101570, 750 kVA. 'use crew A -S (2 Laborers; .25 Truck Driver; .25 Flatbed truck). Si,'37day. Assume crews can remove 80/day. 6.0 Racking Posts 7.0 Tracker Motors 629 79 EA EA $ 16.16 $ 10.49 $ 10,164.64 $ 828.71 'Use Crew A•5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. 'Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip. Oper. (crane); .5 S.P. Crane, 4x4, 5 ton) _ $839.32. Assume crews can remove 80/day. 8.0 LV Wiring 9.0 MV Wiring 24,630 2,702 LF LF $ 1.40 $ 0.57 $ 34,482.00 $ 1,540.14 'RS Means 260505100390 810, 3 wire Romex. 'RS Means 260505101940 4/0, THW-THWN-THHN ($57.27/CLF). 10.0 Fence 11.0 20' Gates 3,130 1 LF EA $ 2.59 $ 201.05 $ 8,106.70 $ 201.05 'Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 500 LF/day. 'RS Means 024113620400. 12.0 Concrete 13.0 Gravel (Access Road) 93 1,365 CY CY $ 67.16 $ 21.30 $ 6,245.88 $ 29,074.50 'Use Crew B-38 (2 Laborers; 1 Equip Oper; 1 Truck Driver; 1 Backhoe; 1 Dump Trk) _ $3,358/day. Assume crews can remove 50 CY/day. 'Use Crew 8-17+4 trucks (2 Laborers; 1 Equip Oper; 4 Truck Driver; 1 Backhoe; 4 Dump Trk) _ $6,390/day. Assume 300 CY/day, 1hr cycle. 14.0 Removal of utility poles 4 EA $ 375.00 $ 1,500.00 Estimate includes labor and all required tools and vehicles. 15.0 General Conditoins 1 MW $ 3,000.00 SUBTOTAL $ 3,000.00 $ 127,634.64 'Use Crew B-38 (2 Laborers) 2 days with required equipment for removal. II. SITE RESTORATION 1.0 Re -Seeding (Includes seed) 20.06 AC $ 2,000.00 $ 40,120.00 'Cost includes: (Seed: 4-7 species (native types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man & machine). 2.0 Re -Grading 1,767 SY $ 0.23 SUBTOTAL $ 406.41 $ 40,526.41 'RS Means 312216103300. Le end: TOTAL DEMOLITION COSTS $ 168,161.05 ' = Costs derived from RS Means Heavy Site estimating manual (assume 10 hr shift) DECOMMISSIONING QUANTITIES DESCRIPTION OF ITEM QUANTITY QA/QC I. DISASSEMBLY & DISPOSAL 1.0 Disconnect of Electrical System EA 1 2.0 PV Modules EA 4,400 Ref. Site Plan Project Summary Table 3.0lnverter(s) EA 19 4.0 Transformer(s) EA 2 " 5.0 Racking Frame (SAT) EA 79 Each fixed tilt frame contains -56 modules (round up) 6.0 Racking Posts EA 629 Each frame consists of 8 posts 7.0 Tracker Motors EA 79 One tracking motor per fixed tile frame 8.0 LV Wiring LF 24,630 Use Length of each array row x 1.15 for connections 9.0 MV Wiring LF 2,702 Use Length between farthest Inverter/Transformer pad to POI x 1.3 (1 -phase system) 10.0 Fence LF 3,130 Ref. Site Plan 11.0 20' Gate (Vehicle Gate) EA 1 Ref. Site Plan 12.0 Concrete CY 93 1 equipment pad (21'x43') fence/gate footings, round up 13.0 Gravel (Access Road) CY 1,365 Access drive 12" stone 14.0 Power Poles (Customer Owned) EA 4 Ref. Site Plan 15.0 General Conditions (Geo liner removal; other misc. items) MW 1 Assume 1 Man Week for disturbed area I. SITE RESTORATION 1.0 Re -Seeding AC 20.06 Assume overall solar site as limit of disturbance during construction 2.0 Re -Grading CY 1,767 Use volume of access road and vegetated swales below existing grade III. SALVAGE 1.0 PV Modules EA 4,356 Assume 99% material salvage 2.0 Inverter(s) EA 19 3.0 Transformer(s) LBS 2 4.0 Tracker Motors EA 79 5.0 Racking Frame (Fixed Tilt) LBS 109,214 Each Racking Frame weighs approximately 1390 lbs. 6.0 Racking Posts LBS 47,520 Max. Array Ht.= 10': So High Post = 9' exposed; Low Post = 4.5' exposed. Avg. exposed ht.= 6.75' (say 7'). 4" dia. Structural pipe = 10.8 lbs/ft. Avg. wt. per post = 75.6 lbs. Assume worst case with Sonotube below grade = no salvage value. 7.0 LV Wiring LBS 16,010 Use 0.65 lbs/LF 8.0 MV Wiring LOS 5,242 Use 1.94 lbs/LF 9.0 Chain Link Fence and Gates LBS 10,272 Use 3.2 lbs/LF of fence BOND # PB02230800595 Surety Company Annually Renewable Decommissioning Bond KNOW ALL MEN BY THESE PRESENTS: That Green Street Power Partners. LLC on behalf of CBEP Solar 8. LLC (hereinafter called the Principal), and Philadelphia Indemnity Insurance Company Surety Company (hereinafter called the Surety), are held and firmly bound unto Weld County (hereinafter called the Obligee), in the full and just sum of Eighty Nine Thousand Forty Nine Dollars and 42/100 Dollars ($89,049.42 ), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 31st day of October , 2022 entered into a Contract with the Obligee Decommissioning Plan for PV facility located at Parcel No. 080334200006 in Weld County, Colorado for which contract is hereby referred to and made a part hereof. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one year. NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Contract at the time and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond is subject to the following conditions: 1. This bond is for the term beginning February 10, 2023 and ending February 10, 2024 . The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non -renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. 2. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written statement of the facts of such default, within thirty (30) days of the occurrence. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume the remainder of the Contract and to perform or sublet same; c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the Principal. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee. 5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail. 7. This bond shall not bind the Surety unless the bond is accepted by the Obligee. The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void. Signed and sealed this PRINCIPAL: Green Street Power Partn = , LLC on behalf of CBEP Solar 8, LLC a, r r B y■ 10th day of February , 2023 , (name & title) (seal) SURETY: 1 �1 flttitttl/�I 7y ;y.,, omr � Ga NS: q. _ss • Z= : . r= Philadelphia, fdemnity Ins ance Compi ; : 7 ; r" •moo; i‘Gisto_yeA se ley* 41 444444 4 B Attorney-in#t +t" THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE). ACKNOWLEDGED AND ACCEPTE BY: PRINTED NAME/TITLE: Kevin pp�RQs�, 2uct $Qrdof Weld County Commissioners Chair DATE: l� 1 PLEASE RETURN A COPY OF ACCEPTED BOND TO: Green Street Power Partners, LLC on behalf of CBEP Solar 8, LLC 1 Landmark Square, Ste 320, Stamford, CT 06901 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Penner of Attorney surety Bond Number: PB02230800595 Principal: Green Street Power Partners, LLC on behalf of CBEP Solar 8, LLC Obligee: Weld County 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 Trade House its true and lawful Attomey-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 $75.000.000. 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 14th 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, any such Attomey-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 Attomey or certificate relating thereto by facsimile, and any such Power of Attomey 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 EY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) John Glomb, President CEO Philadelphia Indemnity Insurance Company On this 5`h day of March, 2021 before me came the individual who executed the preceding instrument, to see personally known, and being by me duly sworn 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 seat of said Company; that the said Corporate Seal and his signature were duly affixed. Corm ornalth o! emsywanla - Notary Sod *nun Mckerals, Notary Public MonlpomeryCounty My oommblike exDJrosNovember 3.2024 Commission number 1366994 Member, rlss,etaan:s Mwddbn of Ndnlss Notary Public: residing at: My commission expires: Bala Cynwyd, PA November 3, 2024 I, 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 Attomey issued pursuant thereto on the 5`h 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 Attomey as President, was on the date of execution of the attached Power of Attomey 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 10th day of February 2023 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY it\ CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO@CLOUDBREAKENERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: Decommissioning Plan Approach CBEP Solar 8, LLC has developed this decommissioning plan for the Bickling #2 Solar Project, to be implemented after the contracted lease term has ended. CBEP Solar 8, LLC, the owner of the 1.3 MW AC Solar Energy Facility (SEF) will be responsible for the decommissioning. Decommissioning of the Project will include removal of all above and below -ground infrastructure, including the arrays, inverter structures, concrete foundations and pads, and electrical infrastructure. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. The property shall be restored to a condition reasonably similar to its condition prior to development of the 1.3 MW AC SEF. Grading and re -vegetation will comply with all applicable rules and regulations. Exclusions from the decommissioning plan include planting trees, removing internal site roads, and re -grading to previous conditions. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least 3' below grade shall be removed. Decommissioning activities will follow the CDOT best management practices (BMPs) for erosion and sediment control and stormwater management that are applied during project construction, or any new BMPs relevant at the time. CBEP Solar 8, LLC will decommission the Project once the contracted lease term is over, if the lease term is not extended or renewed. Decommissioning may also be initiated if the project is no longer viable, or in the case of a force majeure event (described below). CBEP Solar 8, LLC will provide notice to Weld County prior to commencement of decommissioning the Project. Estimated Timeline and Cost Decommissioning/reclamation shall commence within 12 months after power production has permanently ceased and be completed within 12 months from the start date of the decommissioning/reclamation work. Decommissioning/reclamation cost estimates, which shall be updated every five years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: (970) 425-3175 I INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 All labor, equipment, transportation, and disposal costs associated with the removal all facility components from the facility site All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction All decommissioning/reclamation activity management, site supervision, and site safety costs All other costs, including administration costs, associated with the decommissioning and reclamation of the facility site The established date of submission of the financial assurance mechanism to Weld County Prior to construction, CBEP Solar 8, LLC will provide the County with an irrevocable standby letter of credit, bond, or alternate form of financial assurance mechanism in an amount sufficient to fund the estimated decommissioning costs required by the Code. The Security shall: • Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit • Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials • Include an automatic extension provision or "evergreen clause" • Be "bankruptcy remote", meaning the financial assurance mechanism will be unaffected by the bankruptcy of the SEF operator Weld County, in its sole discretion, may approve alternative forms of a financial assurance mechanism such as, but not limited to bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. Furthermore, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial assurance mechanism, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within 90 days of the Board of County Commissioners order or resolution directing decommissioning/reclamation. Continued Beneficial Use If prior to decommissioning the Project, the landowner determines that any of the Project components can be beneficially used on the land after disassembly, such items would be (970) 425-3175 I INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 3 exempt from the -equirements for decommissioning. If a third party acquires the Project or a portion of the Project, such third party would be responsible for providing evidence of a plan of continued beneficial use for their relevant Project components. Force Majeure An exception to tiese requirements will be allowed for a force majeure event, which is defined as any event or ci-cumstance that wholly or partly prevents or delays the performance of any material obligation arising under the Project permits, but only to the extent: Such event is not within the reasonable control, directly or indirectly, of CBEP Solar 8, LLC (including without limitation events such as fire, earthquake, flood, tornado, hurricane, acts of God and natural disasters; war, civil strife or other similar violence); CBEP Solar 8, LLC has taken all reasonable precautions and measures to prevent or avoid such event or mitigate the effect of such event on CBEP Solar 8, LLC's ability to perform its obligations under the Project permits and which, by the exercise of due diligence, it has been unable to overcome; and Such event is not the direct or indirect result of the fault or negligence of CBEP Solar 8, LLC. In the event of a force majeure event, which results in the absence of electrical generation by the Project for 12 months, CBEP Solar 8, LLC must demonstrate to Weld County by the end of the 12 months of non -operation that the Project will be substantially operational and producing electricity within 24 months of the force majeure event. If such a demonstration is not made to Weld County's satisfaction, then decommissioning of the Project must be initiated 18 months after the force majeure event. (970) 425-31751 INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM TRC To: Mr. Zach Brammer and Alec Shobe CBEP Solar 8, LLC 4845 Pearl East Circle St. 118 #53242 Boulder, Colorado 80301 Weld County Planning Department 1150 O Street P.O. Box 758 Greeley, CO 80631 RE: Decommissioning Plan 700 Highlander Blvd., Suite 210 Arlington, TX 76015 T 817.522.1000 TRCcompanies.com October 31, 2022 TRC Engineers, Inc. (TRC) is pleased to provide this decommissioning cost estimate to Weld County for the 1.309 -megawatt (MW) ground -mounted photovoltaic system on approximately 13.26 acres (enclosed within a fence) on a 113.35 -acre parcel located in Weld County, Colorado (the Project). The attached decommissioning cost is prepared under the responsible charge of and has been reviewed by a Professional Engineer licensed in Colorado. This opinion of probable costs is based on the engineer's experience in the design and construction of energy facilities and is subject to final engineering. Costs have been split between plant disassembly and site restoration, which reflect the overall decommissioning process. This opinion assumes a third -party contractor, experienced in the construction and decommissioning of PV facilities will lead the effort. The reported costs include labor, materials, taxes, insurance, transport costs, equipment rental, contractor's overhead, and contractor's profit as applicable. Labor costs have been estimated using regional labor rates and labor efficiencies from RS Means along with previous decommissioning plan estimates completed for other similar projects. The PV facility will be disassembled by removing all above and below grade components. This includes, but not limited to, complete removal of asphalt and gravel surfaces and site concrete, along with the removal of above ground and any buried cables and all underground conduits. These costs include the regrading and reseeding of all disturbed removal areas, as well as the backfilling and stabilization of all trenches. In addition, other costs associated with the decommissioning and reclamation of the facility site, such as administrative costs, are included. The decommission estimate includes labor costs in 2022 and will be updated in five (5) years. This estimate has been prepared using accepted practice and the best information readily available at the time of preparation. Sincerely, TRC Engineers, Inc. October 31, 2022 Kelsey$laisdell, P.E. Date Principal Engineer DECOMMISSIONING COST ANALYSIS DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST (2022) LOGIC I. DISASSEMBLY 8, DISPOSAL 1.0 Disconnect of Electrical System 1 EA EA $ 1,200.00 $ 1,200.00 *Assumes one 10 hr day fora qualified lineman. 2.0 PV Modules 3.0 Inverter(s) 2,425 B EA EA $ 5.17 0 818,48 $ 12,537.25 a 1,711,14 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove -250 panels/day. •Use Brow A-li (8 Laborers; 86 Truck Driver; A6 Flatbed Truck) =..ga/slay, Assume craws an remove 6/day. 4.0 Transformer(s) 5.0 Racking Frame (SAT) 2 43 EA EA $ 1,586.13 $ 16.16 $ 3,172.26 $ 694.88 *RS Means 260505101570, 750 kVA. *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. 6.0 Racking Posts 7.0 Tracker Motors 346 43 EA EA $ 16.16 $ 10.49 $ 5,591.36 $ 451.07 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. •Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip Oper. (crane); .5 S.P. Crane, 4x4, 5 ton) 4839.32/day. Assume crews can remove 80/day. 8.0 LV Wiring 9.0 MV Wiring 9,871 1,372 LF LF $ 1.40 $ 0.57 $ 13,819.40 $ 781.47 •RS Means 260505100390 .10, 3 wire Romex. *RS Means 2605051019404/0, THW-THWN-THHN ($57.27/CLF). 10.0 Fence 11.0 20' Gates 2,412 1 LF EA $ 2.59 $ 201.05 $ 6,247.08 $ 201.05 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 500 LF/day. *RS Means 024113620400. 12.0 Concrete 13.0 Gravel (Access Road) 83 278 CY CY $ 67.16 $ 21.30 $ 5,574.28 $ 5,921.40 *Use Crew 8-3B (2 Laborers; 1 Equip Oper, 1 Truck Driver; 1 Backhoe; 1 Dump Trk) _ 53,358/day. Assume crews can remove 50 CY/day. *Use Crew B-17+4 trucks (2 Laborers; 1 Equip Oper; 4 Truck Driver; 1 Backhoe; 4 Dump Trk) _ $6,390/day. Assume 300 CY/day, Shr cycle. 14.0 Removal of utility poles 4 EA $ 375.00 $ 1,500.00 Estimate includes labor and all required tools and vehicles. 15.0 General Conditions 1 EA $ 3,000.00 $ 3,000.00 •Use Crew B -3B (2 Laborers) 2 days with required equipment for removal. II. SITE RESTORATION SUBTOTAL $ 62,415.34 1.0 Re -Seeding (includes seed) 13.26 AC $ 2,000.00 $ 26,520.00 *Cost includes: (Seed: 4-7 species (native types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man & machine). 2.0 Re -Grading 496 SY $ 0.23 SUBTOTAL $ 114.08 $ 26,634.06 *RS Means 312216103300 Le end: TOTAL DEMOLITION COSTS $ 89,049.42 * = Costs derived from RS Means Heavy Site estimating manual (assume 10 hr shift) DECOMMISSIONING COST ANALYSIS DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST (2022) LOGIC I. DISASSEMBLY 8 DISPOSAL EA 1.0 Disconnect of Electrical System 2.0 PV Modules 1 2,425 EA EA $ 1,200.00 $ 5.17 $ 1,200.00 $ 12,537.25 *Assumes one 10 hr day fora qualified lineman. *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove —250 panels/day. 3.0 Inverter(s) 4.0 Transformers) 8 2 EA EA $ 215.48 $ 1,586.13 $ $ 1,723.84 3,172.26 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 6/day. *RS Means 260505101570, 750 kVA. 5.0 Racking Frame (SAT) 43 EA $ 16.16 $ 694.88 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. 6.0 Racking Posts 7.0 Tracker Motors 346 43 EA $ EA 16.16 $ 10.49 $ $ 5,591.36 451.07 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day. *Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip Oper. (crane); .5 S.P. Crane, 4x4, 5 ton)=$839.32/day. Assume crews can remove 80/day. 8.0 LV Wiring 9.0 MV Wiring 9,871 1,372 LF $ LF $ 1.40 $ 0.57 $ 13,819.40 781.47 *RS Means 260505100390 810, 3 wire Romex. *RS Means 2605051019404/0, THW-THWN-THHN ($57.27/CLF). 10.0 Fence 11.0 20' Gates 2,412 1 LF $ EA $ 2.59 $ 201.05 $ 6,247.08 201.05 *Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 500 LF/day. *RS Means 024113620400. 12.0 Concrete 13.0 Gravel (Access Road) 83 278 CY $ CY $ 67.16 $ 21.30 $ 5,574.28 5,921.40 *Use Crew 8-3B (2 Laborers; 1 Equip Oper; 1 Truck Driver; 1 Backhoe; 1 Dump Trk) _ $3,358/day. Assume crews can remove 50 CY/day. *Use Crew 8-17 +4 trucks (2 Laborers; 1 Equip Oper; 4 Truck Driver; 1 Backhoe; 4 Dump Trk) _ $6,390/day. Assume 300 CY/day, 1hr cycle. 14.0 Removal of utility poles 4 EA $ 375.00 $ 1,500.00 Estimate includes labor and all required tools and vehicles. 15.0 General Conditions 1 EA $ 3,000.00 $ SUBTOTAL $ 3,000.00 62,415.34 *Use Crew B -3B (2 Laborers) 2 days with required equipment for removal. II. SITE RESTORATION 1.0 Re -Seeding (includes seed) 13.26 AC $ 2,000.00 $ 26,520.00 *Cost includes: (Seed: 4-7 species (native types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man & machine). 2.0 Re -Grading 496 SY $ 0.23 SUBTOTAL $ $ 114.08 26,634.08 *RS Means 312216103300 Le end: TOTAL DEMOLITION COSTS $ 89,049.42 * = Costs derived from RS Means Heavy Site estimating manual (assume 10 hr shift) DECOMMISSIONING QUANTITIES DESCRIPTION OF ITEM QUANTITY QA/QC I. DISASSEMBLY & DISPOSAL 1.0 Disconnect of Eletrical System EA 1 2.0 PV Modules EA 2,425 Ref. Site Plan Project Summary Table 3.01nverter(s) EA 8 4.0 Transformer(s) EA 2 " 5.0 Racking Frame (SAT) EA 43 Each fixed tilt frame contains ^'56 modules (round up) 6.0 Racking Posts EA 346 Each frame consists of 8 posts 7.0 Tracker Motors EA 43 One tracking motor per fixed tile frame 8.0 LV Wiring LF 9,871 Use Length of each array row x 1.15 for connections 9.0 MV Wiring LF 1,372 Use Length between farthest Inverter/Transformer pad to POI x 1.3 (1 -phase system) 10.0 Fence LF 2,412 Ref. Site Plan 11.0 20' Gate (Vehivie Gate) EA 1 Ref. Site Plan 12.0 Concrete CY 83 1 equipment pad (21'x43') fence/gate footings, round up 13.0 Gravel (Access Road) CY 278 Access drive 12" stone 14.0 Power Poles (Customer Owned) EA 4 Ref. Site Plan 15.0 General Conditions (Geo liner removal; other misc. items) MW 1 Assume 1 Man Week for disturbed area I. SITE RESTORATION 1.0 Re -Seeding AC 13.26 Assume overall solar site as limit of disturbance during construction 2.0 Re -Grading CY 496 Use volume of access road and vegetated males below existing grade III. SALVAGE 1.0 PV Modules EA 2,401 Assume 99% material salvage 2.01nverter(s) EA 8 3.0 Transformer(s) LBS 2 4.0 Tracker Motors EA 43 5.0 Racking Frame (Fixed Tilt) LBS 60,192 Each Racking Frame weighs approximately 1390 lbs. 6.0 Racking Posts LBS 26,190 Max. Array Ht. = 10': So High Post = 9' exposed; Low Post = 4.5' exposed. Avg. exposed ht.= 6.75' (say 7'). 4" dia. Structural pipe = 10.8 lbs/ft. Avg. wt. per post = 75.6 lbs. Assume worst case with Sonotube below grade = no salvage value. 7.0 LV Wiring LBS 6,416 Use 0.65 lbs/LF 8.0 MV Wiring LBS 2,662 Use 1.94 lbs/LF 9.0 Chain Link Fence and Gates LBS 7,974 Use 3.2 lbs/LF of fence RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0027, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, 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 4th day of January, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CBEP Land 2, LLC, do CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the W1/2 of Section 34, Township 6 North, Range 65 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: 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 23-2-230.6 of the Weld County Code as follows: A. Section 22-2-10 states: the Guiding Principles that serve as the foundation for land use policy in the County. 1) 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." The applicant/property owner has made a business decision on the highest and best use of his property, currently in a dry -up covenant. Of the 113 -acre parcel, 35 acres will be utilized for the proposed Solar Energy Facility (SEF). The land under the solar panels will be cc :PLerrf.N/wo) CA (66) ►RPPL of 126/23 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 2 planted with a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth. 2) Section 22-2-30.C states: "Harmonize development with surrounding land uses." The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility with limited traffic generation, once operational. The applicant has proposed screening for residences within 500 feet of the facility. 3) Section 22-2-60.B "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. The operation of the SEF is virtually unnoticeable to neighboring properties and it will not impact surrounding property owners' right to quiet enjoyment. 4) Section 22-2-60.6.2 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 64 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 64. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-40.FF — Uses by Special Review of the Weld County Code includes, "Solar Energy Facilities (SEFs), being more than five (5) acres in size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area." The proposed facility footprint is in the urban area. 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. The applicant/property owner has made a business decision on the highest and best us of the 35 -acre area for the solar energy facility. The proposed compact solar energy resource development will conserve lands and minimize the impact 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 3 on surrounding land and the existing surrounding land uses. The proposal meets the intent of the 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.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The property is within 500 feet of 14 parcels, with six (6) homes, and the solar facility footprint is located within 500 feet of four (4) homes, specifically west of and north of the SEF footprint. As part of the application process, Weld County provided notice to these property owners and no responses were received. The proposed visual mitigation, 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 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 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 the Coordinated Planning Agreement area for the Town of Kersey. The 2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62. The subject property is located on County Road 66 and is, therefore, outside of Kersey's Future Land Use Planning Area. The City of Greeley, in an email dated October 12, 2022, stated, "The subject site is located within Greeley's Long Range Expected Growth Area the area in which the community anticipates annexation and urban development to occur in the future." And included an advisory comment "... we understand there is not currently water/irrigation available on the subject site, we would appreciate consideration for future landscape perimeter buffering and screening...." The Town of Kersey returned the Notice of Inquiry (NOI), dated July 29, 2022, with no concerns. E. Section 23-2-230.8.5 — 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 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 4 by Chapter 23, Article V, Section 23-5-40, use restrictions. The applicant 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 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits issued on the 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 23-2-230.8.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. In 2015, Sorin Natural Resource Partners, LLC (Sorin), owners of the subject property formerly described as Lot B of RECX13-0060, and is now described via a metes and bounds via a Partial Vacation executed, and recorded a permanent Dry -Up Covenant and Easement. The Dry -Up Covenant and Easement, recorded September 28, 2015, under Reception No. 4145503, states the conditions restrict the use of water and water shares on this property. Para phrasing here, Sorin or their successors shall not allow the planting of any crops, which can extend roots into the underlying groundwater, including, but not limited to, alfalfa. Sorin or their successors shall re -vegetate the property during or before the first growing period after the effective date of this Covenant with a dryland native grass seed that has been generally accepted for re -vegetation purposes on this land subject to dry up and shall maintain the desired vegetation growth and take reasonable measures to keep the property free of noxious weeds. The current property owner, as successor, will continue to maintain the dry land native grasses and will reseed as required for re -vegetation purposes, not only the area under the solar panels, but the entire parcel, per the covenant. G. Section 23-2-230.8.7 — 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 CBEP Land 2, LLC, c/o CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 5 A. The applicant shall acknowledge the advisory comments of the Weld County Department of Planning Services — Floodplain Administrator, as stated in the updated referral response, dated September 28, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall acknowledge the advisory comments of the City of Greeley, as stated in the referral response, dated October 12, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall submit a dryland seed mix, acceptable per the dry -up covenant and easement requirements for review and acceptance. D. The applicant shall submit a landscape maintenance plan aimed at retaining the desired vegetation while keeping the property free of noxious weeds. E. The applicant shall submit a Fencing Plan for review and acceptance, if not utilizing the perimeter game fence with gates, as stated in the application materials. F. 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. G. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. H. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR22-0027. 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 the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 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 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 6 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 emergency/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) 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. 10) Planned oil and gas surface development areas, corridors, access roadways, etc., as part of any executed Surface Use Agreement, if applicable. 11) The Screening Plan for residences within 500 feet, unless a waiver from the resident has been supplied to the Department of Planning Services. 12) County Road 64 is a paved 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 right-of-way. This road is maintained by Weld County. 13) This portion of County Road 62 is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved Access Permit number, if applicable. 14) The applicant shall show and label the proposed access point onto County Road 64 and the usage type (Agriculture, Residential, 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 7 Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. 15) 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. 16) The applicant shall show and label the drainage flow arrows. 17) If applicable, the applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 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. The approved access and tracking control shall be constructed prior to on -site construction. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required prior to the start of construction. 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 23-4-1030.6.4 of 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 8 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. 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 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 4th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dia.%) ic Weld County Clerk to the Board BY: APP A They Date of signature: 01/24/23 man, Chair Per L. Bupic, Pro-Tem Sc tt K. James evin D. Ross Lori Saine 2023-0070 PL2852 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CBEP LAND 2, LLC C/O CBEP SOLAR 2, LLC C/O CBEP SOLAR 8, LLC USR22-0027 1. Site Specific Development Plan and Use by Special Review Permit, USR22-0027, is for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. 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 their 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 this Code. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS). 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 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 2 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. 12. The site shall be maintained in accordance with accepted Property Maintenance Plan. 13. The property owner shall maintain compliance with the Dry -Up Covenant and Easement, recorded September 28, 2015, under Reception No. 4145503, at all times. 14. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway, as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #08123C -1535E, issue date January 16, 2016 (Sand Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 16. 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. 17. 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. 18. 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. 19. 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. 20. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 21. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 3 22. 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. 23. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 24. 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. 25. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 26. Weid County is not responsible for the maintenance of on -site drainage related features. 27. The historical flow patterns and runoff amounts on the site will be maintained. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 4 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. 34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 35. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2023-0070 PL2852 Hello