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Home My WebLink About20250561.tiffResolution Approve Release of Collateral and Accept Replacement Collateral for Zoning Permit for Solar Energy Facility, ZPSF21-0003, Less Than Five (5) Acres (5 Acre SEF) - SunShare, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on November 17, 2021, the Department of Planning Services approved the application of SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Zoning Permit for Solar Energy Facility, ZPSF21-0003, less than five (5) acres (5 Acre SEF), on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 12, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Whereas, the owner of the property is Paul Sater, 28496 County Road 44, Kersey, Colorado 80644, and Whereas, on January 19, 2022, pursuant to certain Conditions of Approval, the Board accepted a Decommissioning and Reclamation Plan, to include collateral in the form of Surety Bond #SU1172325, issued by Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $13,800.00, and Whereas, staff from the Weld County Department of Planning Services received a letter from SunShare, LLC, requesting that the Board of County Commissioners release the currently held collateral for ZPSF21-0003, in the amount of $13,800.00, procured in the form of Surety Bond #SU1172325, issued by Arch Insurance Company, and Whereas, the Board has been presented with replacement collateral in the form of Surety Bond #800137723, issued by Atlantic Specialty Insurance Company, 305 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $13,800.00, and Whereas, after review, the Board deems it advisable to accept said Surety Bond #SU800137722, as stated above, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the currently held collateral for ZPSF21-0003, in the amount of $13,800.00, procured in the form of Surety Bond #SU1172325, issued by Arch Insurance Company, be released, and that replacement collateral in the form of Surety Bond #800137723, issued by Atlantic Specialty Insurance Company, 305 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of $13,800.00, be, and hereby is, accepted. 5014771 Pages: 1 of 2 03/06/2025 10:13 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111110,,M 19'010.514 101441,RIPIV,O "III CC".PL(DEMN/DA/STIR/DA) .3/12/2S 2025-0561 PL2520 Release of Collateral and Accept Replacement Collateral (ZPSF21-0003) - SunShare, LLC Page 2 Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held collateral to the appropriate issuing party. The Board of County Commissioners of Weld County, Colorado, adopted the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 26th day of February, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro -Tern: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5014771 Pages: 2 of 2 03/06/2025 10:13 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� I�.r�14i�1��I�+YIlf4111�ti LiI�+II�hL� �Yh "Ill 2025-0561 PL2520 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Principal Planner Subject ZPSF21-0003 Acceptance of a replacement security bond Date: February 26, 2025 Case Number: ZPSF21-0003 Applicant: SunShare LLC c/o Jake Bobrow Owner: Paul A. Sater Legal Description: The SE4 of Section 22, T4N, R64W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Rd 54, west of and adjacent to County Rd 15 Zoning: A (Agricultural) Zone District Parcel #: 1053-12-0-00-007 Parcel Size: Lease Area: Summary: ± 156 acres ± 3.69 acres Sunshare, LLC, has submitted a request to release the currently held Surety Bond for the decommissioning and reclamation plan for ZPSF21-0003 Solar Energy facility, and accept a replacement Surety Bond for the decommissioning and reclamation of ZPSF21-0003 Solar Energy Facility. ZPSF21-0003 conditionally approved by the Planning Staff on November 16, 2021. The applicants are requesting to replace the existing Surety Bond (#SU1172325) from Arch Insurance Company in the amount of $13,800.00, that was accepted by the Board of County Commissioners on January 19, 2022, with the new Surety Bond (#800137723) from Atlantic Specialty Insurance Company in the amount of $13,800.00. This new Surety Bond will comply with Condition of Approval #3.E. of the staff report. Recommendation: Staff recommends that the Board approve the Surety Bond because it complies with Section 23-4-455.D.7. of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the surety bond is approved by the Board of County Commissioners, it will continue to satisfy Condition of Approval #3.E. of the ZPSF Staff Report. 2025-0561 Zl2Co PL2520 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1555 N 17TH AVE GREELEY, CO 80631 Please find included original bond documents for SunShare, LLC - Bond Number 800137723 Surety Bond No. 800137723 is attached to ZPSF Permit Animas Solar, Case # ZPSF21-0003, submitted by applicant SunShare, LLC. ***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172325*** Upon reception, please release the original bond (SU 1172325) and replace it with Bond # 800137723. If it is Weld County policy to return cancelled bonds, the SU 1172325 document can be sent back to the SunShare, LLC office at 1724 N. Gilpin St, Denver, CO 80218 and we will return the cancelled bond to our insurer. THANK YOU, SUNSHARE, LLC CIO ANIMAS SOLAR 1SunShare COMMUNITY SOLAR. 1724 Gilpin Street, Denver, CO 80218 • bscott@mysunshare.com • MYSUNSHARE.COM ***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172325*** SURETY BOND Cody BOND NUMBER 800137723 KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC, as Principal, and Atlantic Specialty Insurance Company, a corporation duly organized under the laws of the State of Ohio, as Surety, are held and firmly bound unto The Board of County Commissioners of Weld County, as Obligee in the sum of $13,800.00 lawful money of the United States, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS, the Principal has submitted a decommissioning plan to Obligee requiring the eventual removal and reclamation of a solar energy facility comprised of solar energy collection cells/ panels and related facilities necessary to harness sunlight for energy generation and distribution and associated support structure, braces, racking, wiring and related interconnection equipment which plan is a condition of approval of land use permit ZPSF21-0003 and which is hereby specifically referred to and made part hereof as Exhibit A ("Permit"), and WHEREAS, Weld County requires the submission of a bond guaranteeing the maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility located at The SE4 of Section 12, T4N, R64W of the 6th P.M., Weld County, CO North of and adjacent to County Road 46, west of and adjacent to County Road 61 and as further detailed in the revised Decommissioning Plan, attached as Exhibit B. NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid Permit and indemnify the Obligee against all loss caused by P1 •incipal's breach of any ordinance, permit obligation, or agreement relating to maintenance, replacement, removal, relocation, and/or reclamation of the facility, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of 11/23/2024 to 11/23/2025 THIS BOND shall automatically renew for successive one-year terms unless, at least ninety (90) days prior to the next annual renewal date (which shall be December 31 of each calendar year), the Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least ninety (90) days prior to the next annual renewal date addressed to the Principal or Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section of this Bond, and is actually received by the Principal or Surety, as the case may be, and the Obligee at least thiliy (30) days prior to the renewal date. The Surety's decision to cancel, along with the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to cancel this Bond, shall be cause for Obligee to recover under this Bond or any extension thereof. ***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172325*** NOTICE: Principal: SunShare. LLC 1724 Gilpin Street Denver. CO 80218 Surety: Atlantic Specialty Insurance Company 305 Highway 169 North, Suite 800 Plymouth. MN 55441 Obligee: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley. CO 80631 THIS BOND is signed, sealed, dated on the 5th day of December, 2024. This bond is effective the 23. day of November, 2024. SunShare, LLC vtd Ptrkv+i r-01`�tsa64 , $resae."+ Atlantic Specialty Insurance Company By: Joh L Hohlt, Attorney -in -Fact Exhibit A To be attached to and made a part of bond 800137723 copy Planner: Case Number: Applicant: Owner: ZONING PERMIT FOR SOLAR ENERGY FACILITY ADMINISTRATIVE REVIEW Maxwell Nader ZPSF21-0003 SunShare LLC c/o Jake Bobrow Paul A. Sater Zoning Permit for Solar Energy Facility (3.6 acres) in the A (Agricultural) Zone Request: District. Legal Description: The SE4 of Section 12, T4N, R64W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 46, west of and adjacent to County Road 61 Zoning: A (Agricultural) Zone District Parcel #: 1053-12-0-00-007 Parcel Size: Lease Area: ± 156 acres ± 3.69 acres Latitude: Longitude: 40.32027 -104.49067 The criteria for review of this Solar Energy Facility are listed Chapter 23, Article IV, Division 6 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ West Greeley Conservation District, referral dated October 12, 2021 ➢ Weld County Department of Public Health and Environment, referral dated October 6, 2021 ➢ Weld County Department of Planning Services — Development Review, referral dated October 6, 2021 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Platte Valley Fire Protection District, referral dated October 4, 2021 ➢ Central Weld County Water District, referral dated October 18, 2021 ➢ Weld County Zoning Compliance, referral dated September 30, 2021 ZPSF21-0003 Page 1 of 5 Case Summary: The applicant, SunShare LLC, is proposing a Solar Energy Facility (SEF) that is less than five (5) acres in size, specificaly 3.69 acres in size. This is roughly a 480 KW -AM project. The site is located on a dry corner in the southeast corner of the 160 -acre quarter section. The facility will utilize an access point previously used by PDC off of County Road 46. The operational life of the facility is generally twenty (20) and thirty (30) years. The useful life of the equipment is expected to be between thirty-five (35) and forty (40) years. The facility will be surrounded by an eight -foot (8 ft) game fence. The property to the south was approached in regard to putting an opaque fence up but the property owner currently has a thick row of trees and at this time does not desire any extra screening efforts. Property maintenance is expected to occur quarterly. Approved with Conditions: 1. The Weld County Department of Planning Services has determined through an administrative review that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code have been met and the request is approved with conditions. A. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. The application materials appear to meet the submittal requirements listed in Section 23-4-455 and the general application requirements listed in Section 23-4-460 of the Weld County Code. Additionally, no referral responses were received in opposition to the location of the solar facility. Department of Planning Services — Development Review and the Department of Public Health and Environment submitted referrals with comments. These comments have been added as development standards. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days. Notice was sent to the owners of eight (8) surrounding properties. No responses were received in opposition to the location of the 5 Acre Solar Energy Facility (5 ACRE SEF) from surrounding property owners. 2. Prior to construction, building permits shall be obtained for the 5 Acre Solar Energy Facility (5 ACRE SEF) and must comply with all installation standards of Chapter 29 of the Weld County Code. 3. Prior to the release of building permits, the applicant shall: A. An acceptable Final Drainage Report, completed by a professional engineer licensed in the State of Colorado, shall be submitted. B. A Road Maintenance Agreement is required for road maintenance during construction. Road maintenance includes, but is not limited to, dust control and damage repair to specified travel routes during construction. C. A Weld County Access Permit shall be obtained for the proposed access location, pursuant to the provisions of Article XIV of Chapter 8 of the Weld County Code, as amended. D. A Weld County Grading Permit shall be obtained if more than one (1) acre is to be disturbed, pursuant to the provisions of Article XII of Chapter 8 of the Weld County Code, as amended. ZPSF21-0003 Page 2 of 5 E. 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 the Weld County Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County, 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. The method and object of Security shall be approved by the Weld County Attorney. The Security shall: 1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2. 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; 3. Include an automatic extension provision or "evergreen clause"; and 4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 4. The following development standards must be met at all times throughout the existence of the 5 Acre Solar Energy Facility (5 ACRE SEF): 1. The Solar Energy Facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size. 2. No water or sewage disposal services are proposed as part of the 5 Acre Solar Energy Facility (5 ACRE SEF). 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. 4. The applicant (SunShare, LLC) accepts responsibility to decommission the site when the facility is deemed obsolete in accordance with the accepted Decommissioning and Reclamation Plan. 5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. 6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. 7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. 8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed accepted Dust and Weed Mitigation Plan. 9. 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 ZPSF21-0003 Page 3 of 5 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). 10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 11. Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report. 12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. 13. Security. 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 the Weld County Code shall be held for the life of the project. The letter shall name the Board of County Commissioners of Weld County as the sole beneficiary; 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;" and be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 15. Access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or offsite tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 19. Weld County is not responsible for the maintenance of onsite drainage related features. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 22. 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, 30-20-100.5, C.R.S. 23. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. ZPSF21-0003 Page 4 of 5 24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 25. 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. 26. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Date: November 17, 2021 Maxwell Nader, Planner II ZPSF21-0003 Page 5 of 5 Exhibit B Uc) To be attached to and made a part of bond 800137723 Decommissioning/Reclamation Plan For a Small -Scale Solar Facility Animas Solar In Compliance with: (Section 23-4-1030 B of the Weld County Code) Case Number: ZPSF Number— ZPSF21- Paul A. Sater (Parcel ID No. 105312000007) Prepared for: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Prepared by: SunShare, LLC Denver, Colorado )-Az ,SunShare C O M M O N I T � S O l Date Prepared: September, 2021 Page I 1 i.o Overview As a condition of approval for the Zoning Permit for a Solar Facility, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for the solar facility, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after its useful life and/or the termination of power generation operations; and to return the subject property to conditions that existed prior to the solar facility's construction. The solar power generation facility has an estimated useful life of 3o years or more, with an opportunity for a life of 5o years or more with equipment replacement and repowering. At the end of the useful life of the facility, SunShare will cease power generation, decommission the facility, and remove the components of the facility from the subject property. The site will be reclaimed and returned to the agricultural use that existed priorto the facility being constructed. This Decommissioning/Reclamation Plan is subject to refinement should future best practices or alternate methods be developed by the solar industry, during the life of this facility. SunShare will follow solar industry standards and best management practices (BMPs) that exist at the time of decommissioning and reclamation of the site. 1.1 Procedures for Decommissioning the Solar Facility After Useful Life & Termination of Power Generation The solar facility consists of numerous recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the facility reaches the end of its operational life, the component parts can be dismantled, and for the most part, salvaged or recycled at properly licensed facilities. Some site features, such as internal roads, driveways, drainage features/improvements, and electrical interconnections may remain on the site, depending upon the anticipated future use of the property. All such improvements, that are scheduled to remain after the decommissioning of the site, will be approved by the Weld County Department of Planning Services. The following steps will be followed in the decommissioning of the solar facility: Page 12 • Approximately one year prior to the planned decommissioning of the facility, SunShare will schedule a pre -closure meeting with the Weld County Department of Planning Services to discuss the process for the site decommissioning and restoration. The final decommissioning details will be developed through consultation with the Weld County Department of Planning Services and other departments and agencies that have jurisdiction over activities in the decommissioning process. Any required permits will be obtained prior to implementation of the Decommissioning/Reclamation Plan. • Appropriate temporary (construction -related) erosion and sedimentation control BMPs will be applied during the decommissioning phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. • Effectively, the decommissioning of the solar facility proceeds in reverse order of the installation: i. A site -specific health and safety plan shall be developed, prior to beginning decommissioning activities, which incorporates the specific sequence and procedures to be followed. 2. Coordination with local departments and agencies to develop route plans and obtain necessary permits for the transportation of materials and equipment to and from the site. 3. The solar facility shall be disconnected from the utility grid. This process will be coordinated with Xcel Energy. 4. PV modules shall be disconnected, collected and transported to a properly licensed recycling facility. 5. Above ground and underground electrical interconnection and distribution cabling shall be removed and salvaged or recycled off -site at an approved recycling facility. 6. The aluminum and steel racking that supportsthe PV modules shall be removed and salvaged or recycled off -site at an approved recycling facility. 7. PV module support steel and support posts shall be removed and salvaged or recycled off -site at an approved recycling facility. 8. Electrical and electronic devices, including transformers, semiconductors materials, inverters, and batteries, shall be removed and salvaged or recycled off -site at an approved recycling facility. Page 13 9. Concrete foundations shall be removed and will be recycled off -site at an approved concrete recycling facility. io. Fencing shall be removed and will be recycled off -site at an approved recycling facility. ii. The site will be restored to its original condition, including any necessary sculpting of soils to match existing natural contours and the re -seeding of native grasses. Any soil that had been re -located for construction purposes will be redistributed on the site or used for landscaping purposes. Soils will be compacted for those areas where foundations or piers have been removed. 1.2 Equipment to be Used for the Decommissioning of the Solar Facility The decommissioning of the solar facility will be undertaken using traditional heavy construction equipment, including front-end loaders, bull dozers, cranes, excavators (track - mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to transport materials to off -site salvage or recycle centers. 1.3 Dust Mitigation During the Decommissioning Phase Water tankers will be used to help control dust while the decommissioning activities are occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles operating on the site during the decommissioning phase will limit their speed to i5 mph or less, to minimize dust emissions. 1.4 Decommissioning/Reclamation Cost Estimates Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: Decommissioning: Page 14 Fencing Structures Modules Electrical Site Restoration $300.00 $6,000.00 $3,000.00 $2,000.00 $2,500.00 Total $13,800.00 Clarifications — 1. Includes the specified appropriate project management and mobilization to adhere to the project schedule. 2. Breakouts provided for accounting purposes only. 3. All work is to be done in a single phase. 4. Includes recycling of steel, aluminum, modules and copper. 5. Includes restoration of the site back to like conditions before the solar array was installed. The scope includes: 1. Electrical permit fees. 2. Removal and disposal of game fence. 3. Removal of racking support structure and foundations. 4. Module removal, package and recycle. 5. Removal of electrical distribution equipment, transformers and electrical equipment pads. 6. Removal of electrical DC string wiring and AC underground. 7. Site restoration. 8. Safety and protection as required. 9. Waste disposal fees and containers. 10. Temporary Restrooms and site facilities for workers. Scope excludes: 1. Payment and Performance Bond. 2. All utility specific tie in work to disconnect the site outside of property. 3. Engineering, fees, errors, omissions additional design intent not clearly delivered or identified on the referenced drawings. 4. Import or export of soils. Page 15 1.5 Financial Assurance to Cover the Decommissioning of the Solar Facility In the Board of County Commissioners' Resolution dated , 2021, the Board requires SunShare, LLCto provide financial assurance to the County in the form of a surety bond, in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. The surety bond is to name the Board of County Commissioners of Weld County as beneficiary and be current and active at all time during the life of the permit. The required surety bond will be provided as part of this Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (go) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. Prepared by: Mathew Ricci VP of Project Operations Page 16 Site Plan 1.153 fn 'fl ► 0 �x , tp A. p wn - o n <0 rn C = : >Z { 0 n r_ o Z m Z Ci 1 l flit411111., .ililti► rtausuainuaallialnD c; t 1l 11111un111iufll/ut 4 I►n►►ul►ulfla{►nhInItl►►uf►Hluf fuu JO { n x co N � w 11lli LLUi--urn iris; se 11 ULWA tli)II1n[IS111IRu1Ilil lilinS aniarnint"trrnThrnrnininnal. COUNTY RD 61 ti I _ .. PROJECT DETAILS ANIMAS - WELD SOLAR COUNTY, CO LLC STANDARD BLOCK r. CO-2021-XXXX i • ,. • ._ ,a - • k 3 • • - .. C - :7 _ -- •3 Let _ - �: _ 7 % ' 1 iZ i: r • y $ . ; ' -k I I • r . .ryare _ r • 1 y h ... •• •♦ Page 7 [intact] INSURANCE r Rti. 4.1 TPL KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jack Meikle, John L. Hohit, Nathan Wonder, Senia Hernandez, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. STATE OF MINNESOTA HENNEPIN COUNTY ••.••••�Y INS/'•,,, •\P 9 '--- G Gt. OFtPURgT ess o, = m: =`-' nz 1986 0 te I's c1/44 Y AS/ •` .,,e, 'it"' A. ?‘t••%%% Jo) SEAL By Sarah A. Kolar, Vice President and General Counsel On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ,,........• •'• •`"` s�••• ALISON D. NASH-TROUT ••4Q: 4.4 4: .'4 �..�.. f, wt•oC• •• 4... + ` ;�. NOTARY My Commission PUBLIC - MINNESOTA Expires 11 11 • January 31, 2030 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 5th day of December , 2024. ,.•`••Q,,�,c' „I ,NI sL .V - k, cock P o Rya rF \-: 'o, SEAL R'" This Power of Attorney expires January 31, 2030 :r 1986 0 3' '12- tiew yOt- fib/ •t•,,1�b „....••• Kara L.B. Barrow, Secretary Please direct bond verifications to suretynintactinsur'ance.com Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov June 4, 2025 SunShare, LLC 1724 Gilpin Street Denver, Colorado 80218 Re: Release Surety Bond #SU1172325 - ZPSF21-0003 SunShare, LLC To Whom It May Concern: Enclosed please find copies of the letter to the insurance company, released Surety Bond #SU1172325, and a copy of the Board of County Commissioner's Resolution, dated February 26, 2025, authorizing the release of said Surety Bond, held as warranty collateral in the amount of $13,800.00 for the above referenced case. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson, Department of Planning Services Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2520 Page 1 of 1 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com"'. FM Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ O Adult Signature Restricted Delivery $ Postage Total Postage and Fees toeft.aaS Postmark Here S nt To Street and Apt. No., or Pb Box a ' o 1/4\‘,44.son State, ZIP+4 LA use. n`41--t\mcciisi ea -3 5 1/21t._ 300 01 PS Form 3800, April 2015 PSN 7530-02-000-9047 `\ • See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: R r cam. SrS . Cov's..rs�cr.`l \-k4cbor S. CNS a v, HL,cksoY, sco Sc�yLy C 3\\- X61 i i "III HIID i 9590 9402 6113 0209 7531 44 i COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) 111,1O ?e&oxo ❑ Agent ❑ Addressee C. Date of Delivery 61131 D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from cPrvirn Inhall 7021 1970 0000 9097 0978 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery tiCertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery El Return Receipt for Merchandise ❑ Signature Confirmation'' ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov June 4, 2025 Arch Insurance Company Harborside 3 210 Hudson Street, Suite 300 Jersey City, New Jersey 07311-1107 Re: Release Surety Bond #SU 1172325 - ZPSF21-0003 SunShare, LLC To Whom It May Concern: Enclosed please find the released Surety Bond #SU1172325 and a copy of the Board of County Commissioner's Resolution, dated February 26, 2025, authorizing the release of said Surety Bond, held as warranty collateral in the amount of $13,800.00for the above referenced case. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2520 Page 1 of 1 SURETY BOND BOND NUMBER SU 1172325 KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC , as Principal, and Arch Insurance Company , a corporation duly organized unde 4 e laws of the State of Ohio, as Surety, are held and firmly bound unto CommWioneno(WAdCooety, as Oblige; the sum of $13,800.00 lawful money of the United States, for paymen . f which, well and truly to be made, we bind ourselves, our heirs, executors, admire ators, successors and assigns, jointly and severally, firmly by these presents, the liability the Surety being limited to the penal sum of this bond regardless of the number of years the b d is in effect. WHEREAS, the Principal has submitted a decommissioning plan to Obl' ee requiring the eventual removal and reclamation of a solar energy facility comprised of s . : energy collection cells/ panels and related facilities necessary to harness sunlight for energy - neration and distribution and associated support structure, braces, racking, wiring and related ' - rconnection equipment which plan is a condition of approval of land use permit ZPSF21-0003 , d which is hereby specifically referred to and made part hereof as Exhibit A ("Permit"), and WHEREAS, Weld County requires the submission o bond guaranteeing the maintenance, replacement, removal, relocation, and/or lamation of said solar energy facility located at The SE4 of Section 12, T4N, R64W of the 6th P. , Weld County, CO North of and adiacent to County Road 46, wes , and adiacent to County Road 61 and as further detailed in the revised Decommis ' . ning Plan, attached as Exhibit B . NOW THEREFORE, the condition of obligation is such, that if the above bounden Principal shall perform in accordance with the a . esaid Permit and indemnify the Obligee against all loss caused by Principal's breach of • ordinance, permit obligation, or agreement relating to maintenance, replacement, remov • relocation, and/or reclamation of the facility, then this obligation shall be void, otherwi - to remain in full force and effect unless cancelled as set forth below. Whereas, the Obligee has eed to accept this Bond, this Bond shall be effective for the definite period of 11/23/2021 to 11/23/2022 THIS BOND shall • omatically renew for successive one-year terms unless, at least ninety (90) days prior to the n t annual renewal date (which shall be December 31 of each calendar year), the Surety delivers itten notice to Principal and to Obligee, or Principal delivers written notice to Surety and O. gee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written notice is e Live if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S. Mai •t least ninety (90) days prior to the next annual renewal date addressed to the Principal or Sure , as the case may be, and to the Obligee requiring bond, as outlined in the notice section of Bond, and is actually received by the Principal or Surety, as the case may be, and the Ob ee at least thirty (30) days prior to the renewal date. The Surety's decision to cancel, al g with the failure or inability of the Principal to file a replacement bond or other security in the ent the Surety exercises its right to cancel this Bond, shall be cause for Obligee to recover under this Bond or any extension thereof. Deputy Clerk to the board COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld County Commissioners date: Rsu.c� ( - NOTICE: Principal: SunShare, LLC 1724 Gilpin Street Denver, CO 80218 Surety: Arch Insurance Company Harborside 3, 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Obligee: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley, CO 80631 THIS BOND is signed, sealed, dated on the d day of November , 2021 This bond is effective the 23rd day of November , 2021 S Share, LLC B / Arch Insurance Company By: Jo ohlt, Attorney -in -Fact AIC 0000334 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent here' fated Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative ce in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Bruce S. Denson Jr., Jack Meikle and John Hohlt of Frisco, TX (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as s Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ( This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the herein. ty, and as its act and deed: 000 000.00). tar limit of authority as set forth The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall . as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly de gy d officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Direct.. of the Company on December 10, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as bein: full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice ' esident, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and au lily to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behof the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, any <ny such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the folio g resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive V e President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signs a of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant he resolution adopted by the Board of Directors on December 10, 2020, and any such power so executed, sealed and certified with respect to any bond or undert. ng to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signnd its corporate seal to be affixed by their authorized officers, this 9's day of March, 2021. Attested and Certified' 'OA Arch Insurance Company Rega n'7C. Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Rega are respectively as Secretary and Executive Vice President o Missouri, subscribed to the foregoing instrument, appeared b sealed with the corporate seal and delivered the said intro purposes therein set forth. CERTIFICATION I, Regan A. Shulman, Secretary of the Arc person(s) as listed above is a true and correc this certificate; and I do further certify that of the attached Power of Attorney the du IN TESTIMONY WHEREOF, I hay This Power of Attorney Iimi except in the manner and t PLEASE SEND ALL Arch Insurance — Su ty Division 3 Parkway, Suite 1 Philadelphia, PA 102 0 Stephen C. Ruschak, Executive Vice President . Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names e Arch Insurance Company, a Corporation organized and existing under the laws of the State of re me this day in person and severally acknowledged that they being thereunto duly authorized signed, as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and cputiO tAICALTHOtrrsIatnvatwA UClint UPON Nary Abtle awe 1.140Nphu. MA. OWN IApCoaidaim tRkrn Jail 21.1021 Mich a podi, Notar ublic My commission expires 07/31/2021 nsurance Company, do hereby certify that the attached Power of Attorney dated March 9.2021 on behalf of the opy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of e said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution elected Executive Vice President of the Arch Insurance Company. ereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thisaday v1>CJJif� Re A. Shulman, Secretary he acts of those named thereinto the bonds and undertakings specifically named therein and they have no authority to bind the Company e extent herein stated. AIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: writime •C were 41 tttF; r Mtsseot erify the authenticity of this Power of Attorney, please contact Arch Insurance CompanyatSuretyAuthentic@Tttra ihrz9surance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. To be attached to and made apart of bond SU 1172325. ZONING PERMIT FOR SOLAR ENERGY FACILITY ADMINISTRATIVE REVIEW Planner: Maxwell Nader Case Number: ZPSF21-0003 Applicant: SunShare LLC do Jake Bobrow Owner: Paul A. Sater Zoning Permit for Solar Energy Facility (3.6 acres) in the A (Agricultural) Zone Request: District. Legal Description: The SE4 of Section 12, T4N, R64W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 46, west of and adjacent to County Road 61 Zoning: A (Agricultural) Zone District Parcel #: 1053-12-0-00-007 Parcel Size: ± 156 acres Latitude: 40.32027 Lease Area: ± 3.69 acres Longitude: -104.49067 The criteria for review of this Solar Enemy Facility are listed Chapter 23, Article IV, Division 6 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: > West Greeley Conservation District, referral dated October 12, 2021 ➢ Weld County Department of Public Health and Environment, referral dated October 6, 2021 ➢ Weld County Department of Planning Services — Development Review, referral dated October 6, 2021 The Department of Planning Services' staff has received referral responses without comments from the following agencies: > Platte Valley Fire Protection District, referral dated October 4, 2021 ➢ Central Weld County Water District, referral dated October 18, 2021 > Weld County Zoning Compliance, referral dated September 30, 2021 ZPSF21-0003 Page 1 of 5 Case Summary: The applicant, SunShare LLC, is proposing a Solar Energy Facility (SEF) that is less than five (5) acres in size, specifically 3.69 acres in size. This is roughly a 480 KW -AM project. The site is located on a dry corner in the southeast corner of the 160 -acre quarter section. The facility will utilize an access point previously used by PDC off of County Road 46. The operational life of the facility is generally twenty (20) and thirty (30) years. The useful life of the equipment is expected to be between thirty-five (35) and forty (40) years. The facility will be surrounded by an eight -foot (8 ft) game fence. The property to the south was approached in regard to putting an opaque fence up but the property owner currently has a thick row of trees and at this time does not desire any extra screening efforts. Property maintenance is expected to occur quarterly. Approved with Conditions: 1. The Weld County Department of Planning Services has determined through an administrative review that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code have been met and the request is approved with conditions. A. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. The application materials appear to meet the submittal requirements listed in Section 23-4-455 and the general application requirements listed in Section 23-4-460 of the Weld County Code. Additionally, no referral responses were received in opposition to the location of the solar facility. Department of Planning Services — Development Review and the Department of Public Health and Environment submitted referrals with comments. These comments have been added as development standards. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days. Notice was sent to the owners of eight (8) surrounding properties. No responses were received in opposition to the location of the 5 Acre Solar Energy Facility (5 ACRE SEF) from surrounding property owners. 2. Prior to construction, building permits shall be obtained for the 5 Acre Solar Energy Facility (5 ACRE SEF) and must comply with all installation standards of Chapter 29 of the Weld County Code. 3. Prior to the release of building permits, the applicant shall: A. An acceptable Final Drainage Report, completed by a professional engineer licensed in the State of Colorado, shall be submitted. B. A Road Maintenance Agreement is required for road maintenance during construction. Road maintenance includes, but is not limited to, dust control and damage repair to specified travel routes during construction. C. A Weld County Access Permit shall be obtained for the proposed access location, pursuant to the provisions of Article XIV of Chapter 8 of the Weld County Code, as amended. D. A Weld County Grading Permit shall be obtained if more than one (1) acre is to be disturbed, pursuant to the provisions of Article XII of Chapter 8 of the Weld County Code, as amended. ZPSF21-0003 Page 2 of 5 E. 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 the Weld County Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County, 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. The method and object of Security shall be approved by the Weld County Attorney. The Security shall: 1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2. 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; 3. Include an automatic extension provision or "evergreen clause"; and 4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 4. The following development standards must be met at all times throughout the existence of the 5 Acre Solar Energy Facility (5 ACRE SEF): 1. The Solar Energy Facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size. 2. No water or sewage disposal services are proposed as part of the 5 Acre Solar Energy Facility (5 ACRE SEF). 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. 4. The applicant (SunShare, LLC) accepts responsibility to decommission the site when the facility is deemed obsolete in accordance with the accepted Decommissioning and Reclamation Plan. 5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. 6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. 7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. 8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed accepted Dust and Weed Mitigation Plan. 9. 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 ZPSF21-0003 Page 3 of 5 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). 10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 11. Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report. 12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. 13. Security. 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 the Weld County Code shall be held for the life of the project. The letter shall name the Board of County Commissioners of Weld County as the sole beneficiary; 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;" and be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 15. Access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or offsite tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 19. Weld County is not responsible for the maintenance of onsite drainage related features. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 22. 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, 30-20-100.5, C.R.S. 23. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. ZPSF21-0003 Page 4 of 5 24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 25. 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. 26. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Maxwell Nader, Planner II Date: November 17, 2021 ZPSF21-0003 Page 5 of 5 Exhibit B To be attached to and made apart of bond SU 1172325. Decommissioning/Reclamation Plan For a Small -Scale Solar Facility Animas Solar In Compliance with: (Section 23-4-1030 B of the Weld County Code) Case Number: ZPSF Number— ZPSF21- Paul A. Sater (Parcel ID No. 105312000007) Prepared for: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Prepared by: SunShare, LLC Denver, Colorado JIB 7sunShare COMMUNITY f 0► A■ Date Prepared: September, 2021 Page I 1 1.0 Overview As a condition of approval for the Zoning Permit for a Solar Facility, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for the solar facility, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after its useful life and/or the termination of power generation operations; and to return the subject property to conditions that existed prior to the solar facility's construction. The solar power generation facility has an estimated useful life of 3o years or more, with an opportunity for a life of 5o years or more with equipment replacement and repowering. At the end of the useful life of the facility, SunShare will cease power generation, decommission the facility, and remove the components of the facility from the subject property. The site will be reclaimed and returned to the agricultural use that existed priorto the facility being constructed. This Decommissioning/Reclamation Plan is subject to refinement should future best practices or alternate methods be developed by the solar industry, during the life of this facility. SunShare will follow solar industry standards and best management practices (BMPs) that exist at the time of decommissioning and reclamation of the site. i.a Procedures for Decommissioning the Solar Facility After Useful Life & Termination of Power Generation The solar facility consists of numerous recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the facility reaches the end of its operational life, the component parts can be dismantled, and for the most part, salvaged or recycled at properly licensed facilities. Some site features, such as internal roads, driveways, drainage features/improvements, and electrical interconnections may remain on the site, depending upon the anticipated future use of the property. All such improvements, that are scheduled to remain after the decommissioning of the site, will be approved by the Weld County Department of Planning Services. The following steps will be followed in the decommissioning of the solar facility: Page 12 Approximately one year prior to the planned decommissioning of the facility, SunShare will schedule a pre -closure meeting with the Weld County Department of Planning Services to discuss the process for the site decommissioning and restoration. The final decommissioning details will be developed through consultation with the Weld County Department of Planning Services and other departments and agencies that have jurisdiction over activities in the decommissioning process. Any required permits will be obtained prior to implementation of the Decommissioning/Reclamation Plan. Appropriate temporary (construction -related) erosion and sedimentation control BMPs will be applied during the decommissioning phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. Effectively, the decommissioning of the solar facility proceeds in reverse order of the installation: i. A site -specific health and safety plan shall be developed, prior to beginning decommissioning activities, which incorporates the specific sequence and procedures to be followed. 2. Coordination with local departments and agencies to develop route plans and obtain necessary permits for the transportation of materials and equipment to and from the site. 3. The solar facility shall be disconnected from the utility grid. This process will be coordinated with Xcel Energy. 4. PV modules shall be disconnected, collected and transported to a properly licensed recycling facility. 5. Above ground and underground electrical interconnection and distribution cabling shall be removed and salvaged or recycled off -site at an approved recycling facility. 6. The aluminum and steel racking that supports the PV modules shall be removed and salvaged or recycled off -site at an approved recycling facility. 7. PV module support steel and support posts shall be removed and salvaged or recycled off -site at an approved recycling facility. 8. Electrical and electronic devices, including transformers, semiconductors materials, inverters, and batteries, shall be removed and salvaged or recycled off -site at an approved recycling facility. Page 13 9. Concrete foundations shall be removed and will be recycled off -site at an approved concrete recycling facility. io. Fencing shall be removed and will be recycled off -site at an approved recycling facility. ii. The site will be restored to its original condition, including any necessary sculpting of soils to match existing natural contours and the re -seeding of native grasses. Any soil that had been re -located for construction purposes will be redistributed on the site or used for landscaping purposes. Soils will be compacted for those areas where foundations or piers have been removed. 1.2 Equipment to be Used for the Decommissioning of the Solar Facility The decommissioning of the solar facility will be undertaken using traditional heavy construction equipment, including front-end loaders, bull dozers, cranes, excavators (track - mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to transport materials to off -site salvage or recycle centers. 1.3 Dust Mitigation During the Decommissioning Phase Water tankers will be used to help control dust while the decommissioning activities are occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles operating on the site during the decommissioning phase will limit their speed to 15 mph or less, to minimize dust emissions. 1.4 Decommissioning/Reclamation Cost Estimates Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: Decommissioning: Page 14 Fencing Structures Modules Electrical Site Restoration $300.00 $6,000.00 $3,000.00 $2,000.00 $2,500.00 Total $13,800.00 Clarifications — 1. Includes the specified appropriate project management and mobilization to adhere to the project schedule. 2. Breakouts provided for accounting purposes only. 3. All work is to be done in a single phase. 4. Includes recycling of steel, aluminum, modules and copper. 5. Includes restoration of the site back to like conditions before the solar array was installed. The scope includes: 1. Electrical permit fees. 2. Removal and disposal of game fence. 3. Removal of racking support structure and foundations. 4. Module removal, package and recycle. 5. Removal of electrical distribution equipment, transformers and electrical equipment pads. 6. Removal of electrical DC string wiring and AC underground. 7. Site restoration. 8. Safety and protection as required. 9. Waste disposal fees and containers. 10. Temporary Restrooms and site facilities for workers. Scope excludes: 1. Payment and Performance Bond. 2. All utility specific tie in work to disconnect the site outside of property. 3. Engineering, fees, errors, omissions additional design intent notclearly delivered or identified on the referenced drawings. 4. Import or export of soils. Page 15 1.5 Financial Assurance to Cover the Decommissioning of the Solar Facility In the Board of County Commissioners' Resolution dated ,I.Atittfre 19, 2022, the Board requires SunShare, LLC to provide financial assurance to the County in the form of a surety bond, in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. The surety bond is to name the Board of County Commissioners of Weld County as beneficiary and be current and active at all time during the life of the permit. The required surety bond will be provided as part of this Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (go) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. Prepared by: Mathew Ricci VP of Project Operations Page 16 "STANDARD BLOCK cL Hello