HomeMy WebLinkAbout20252703.tiff Resolution
Approve Release of Collateral and Accept Replacement Collateral for Zoning
Permit for Solar Energy Facility, ZPSF23-0002 — 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 the 6th day of July, 2023, the Department of Planning Services conditionally
approved the application of SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218,
dba Cirque Solar, LLC, for Zoning Permit for Solar Energy Facility, ZPSF23-0002, less
than five (5) acres in-size (5 acre SEF) on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE-5081; being part of the E1/2 of
Section 33, Township 7 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Whereas, the owner of the property is Wayne Alm, 20842 County Road 76, Eaton,
Colorado 80615, and
Whereas, on November 1, 2023, pursuant to certain Conditions of Approval, the Board
accepted a Decommissioning and Reclamation Plan, to include collateral in the form of
Surety Bond #SU1198230-0000, 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 ZPSF23-0002, in the amount of $13,800.00, procured in the
form of Surety Bond #SU1198230-0000, issued by Arch Insurance Company, and
Whereas, the Board has been presented with replacement collateral in the form of
Surety Bond #800137757, issued by Atlantic Specialty Insurance Company,
605 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 #800137757, as stated above, a copy of which is attached hereto and
incorporated herein by reference.
5058450 Pages: 1 of 2 CC'.PL(te 14/Dp`/DA/3TK/KR) 2025-2703
10/09/2025 11:08 AM R Fee:$0.00 �20 P L2520
Carly Koppes, Clerk and Recorder, Weld County , CO �.25
����KritR liii1ClikE MLIAIKAIIR Mi i 111111
Release of Collateral and Accept Replacement Collateral for Zoning Permit for Solar
Energy Facility, ZPSF23-0002 - SunShare, LLC
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the currently held collateral for ZPSF23-0002, in the amount of$13,800.00,
procured in the form of Surety Bond #SU1198230-0000, issued by Arch Insurance
Company, be, and hereby is, released, and that replacement collateral in the form of
Surety Bond #800137757, issued by Atlantic Specialty Insurance Company,
605 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of
$13,800.00, be, and hereby is, accepted.
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 29th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye �r• w-.r�,
Scott K. James, Pro-Tem: Aye 1 1 . 1
Jason S. Maxey: Aye I it* , '1l
Lynette Peppler: Aye � � teiN� `
Kevin D. Ross: Excused ""`
♦' : amisof
its \
Approved as to Form: '''► in I'
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5058450 Pages: 2 of 2 2025-2703
10/09/2025 11:08 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO PL2520
11011A1441114. 11111
Clerk to the Board's Office
1861
Phone: (970) 400-4225
1150 O Street
• / ►� n
' P.O. Box 758
G O U N T Y Greeley, Colorado 80632
www.weld.qov
February 11 , 2026
SunShare, LLC
1724 Gilpin Street
Denver, CO 80218
Re: Release Surety Bond #SU1198230-0000, ZPSF23-0002 — SunShare, LLC
To Whom It May Concern:
Per your request, we are sending the canceled Surety Bond to you, to return to the insurer.
Enclosed please find copies of the letter to the insurance company, released Surety Bond
#SU1198230-0000, and a copy of the Board of County Commissioner's Resolution, dated
September 29, 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 anweld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosures: Copies of Letter to Insurance Company, Released Surety Bond
#5U1198230-0000; Resolution #2025-2703
cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of
Planning Services; Clerk to the Board File PL2520
Page 1 of 1
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Clerk to the Board's Office
1861
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� Phone: (970) 400-4225
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n ' P.O. Box 758
I C O U N T Y Greeley, Colorado 80632
www.weld.gov
February 11, 2026
Arch Insurance Company, Harborside 3
210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107
Re: Release Surety Bond #SU1198230-0000, ZPSF23-0002 — SunShare, LLC
To Whom It May Concern:
Per the applicant's request, we sent to original Surety Bond to them to return to you.
Enclosed please find a copy of the released Surety Bond #SU1198230-0000 and a copy
of the Board of County Commissioner's Resolution, dated September 29, 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[a�weld.gov.
Respectfully,
Jess Reid
Deputy Clerk to the Board
Enclosures: Released Surety Bond #SU1198230-0000; Resolution #2025-2703
cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of
Planning Services; Clerk to the Board File PL2520
Page 1 of 1
MEMORANDUM
COUNTY,CO
To: Board of County Commissioners
From: Matthew VanEyll,Planner II
Subject ZPSF23-0002 Acceptance of a replacement security bond
Date: September 18,2025
Case Number: ZPSF23-0002
Applicant SunShare LLC d/b/a Cirque Solar LLC
Owner: Five Alarm Farms LLC
Legal Description: Lot B of RE-5081 part of the E2 of Section 33,T7N,R65W of the 6th P.M.,Weld
County,CO
Location: South of and adjacent to CR 76 and approximately 0.25 miles west of CR 4
Zoning: A(Agricultural)Zone District Parcel#:0709-33-1-00-065
Parcel Size: ±83 acres
Lease Area: ±3.77 acres
Summary:
Sunshare,LLC,has submitted a request to release the currently held Surety Bond for the decommissioning
and reclamation,plan for ZPSF23-0002 Solar Energy facility,and accept a replacement Surety Bond.
ZPSF23-0002 wpm conditionally approved by the Planning Staff on July 6,2023.The applicant is requesting
to replace the existing Surety Bond(#SU1198230-0000)from Arch Insurance Company in the amount of
$13,800.00,that was accepted by the Board of County Commissioners on November 1,2023,with the new
Surety Bond(#8 0137757)from Atlantic Specialty Insurance Company in the amount of$13,800.00.This
new Surety Bon will comply with Condition of Approval#3.D.of the staff report.
1
Recommendati n:
Staff recommen s that the Board accept the Surety Bond because it complies with Section 23-4-455.D.7.
of the Weld Co my Code and staff has accepted the related decommissioning/reclamation plan.If the
surety bond is accepted by the Board of County Commissioners,it will continue to satisfy Condition of
Approval#3.D.of the ZPSF Staff Report.
i
1
2025-2703
9/2,9 PL 252O
itumid oropr 40-4 -
•
111
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 800137757
Surety Bond No . 800137757 is attached to Cirque Solar - Zoning Permit ZPSF23 - 0002 , submitted by
applicant SunShare , LLC .
* * * This bond replaces and supersedes Arch Insurance Company Bond No . SU 1198230 - 0000 * * *
Upon reception , please release the original bond ( # 1198230 - 0000 ) and replace it with Bond # 800137757 .
If it is Weld County policy to return canceled bonds , the SU 1198230 - 0000 document can be sent back to the
SunShare , LLC office at 1724 N . Gilpin St , Denver , CO 80218 and we will return the canceled bond to our
insurer .
THANK YOU ,
SUNSHARE , LLC
C / O CIRQUE SOLAR
)1/4.3e•
1SunShare
COMMUNITY SOLAR
1724 Gilpin Street . Denver .. CO 80218 • bscott@mysunshare . com • MYSUNSHARE . COM
SURETY BOND
BOND NUMBER SU 1198230 000
KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC, as Prin '.al, and Arch
Insurance Company, a corporation duly organized under the laws of th- tate of Ohio, as
Surety, are held and firmly bound unto The Board of County Commission of Weld County,
Colorado , as Obligee in the sum of$13,800.00 lawful money of the Uni I States, for payment
of which, well and truly to be made, we bind ourselves, our heirs. ecutors, administrators,
successors and assigns, jointly and severally, firmly by these presen the liability of the Surety
being limited to the penal sum of this bond regardless of the numb; of years the bond is in effect.
WHEREAS, the Principal has entered into a written agreemen • ith the Obligee for the placement
of a solar energy facility comprised of solar energy collec en cells/panels and related facilities
necessary to harness sunlight for energy generation and dis ution and associated support structure,
braces, racking, wiring and related interconnection equip. ent which agreement sets forth the terms
and conditions which govern the use of such Permit 'SF23-0002 and which agreement is hereby
specifically referred to and made part hereof as Exhi, A ("Resolution"). and
WHEREAS, Weld County requires the sub • ssion of a bond guaranteeing the maintenance,
replacement, removal or relocation of said so , energy facility located at Cirque Solar LLC - Lot
B of RE-5081; being part of the E2 of Se' ion 33, T7N, R65W of the 6th P.M., Weld County
CO and as further detailed in the revised P commissioning Plan, attached as Exhibit B.
NOW THEREFORE, the condition this obligation is such, that if the above bounden Principal
shall perform in accordance with e aforesaid Township Resolution and indemnify the Obligee
against all loss caused by Princip. s breach of any ordinance or agreement relating to maintenance,
replacement, removal or reloc. en of side solar energy facility, then this obligation shall be void,
otherwise to remain in full fo e and effect unless cancelled as set forth below.
Whereas, the Obligee h. agreed to accept this Bond, this Bond shall be effective for the definite
period of August 25, 3 to August 25,2024.
THIS BOND sha automatically renew for successive one-year terms unless, at least forty-five(45)
days prior to th, ext annual renewal date (which shall be December 31 of each calendar year), the
Surety delive . written notice to Principal and to Obligee, or Principal delivers written notice to
Surety and " .ligee, that the notice-sender seeks to modify the terms of, or cancel,this bond. Written
notice is ective if delivered to,or sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at -ast forty-five (45) days prior to the next annual renewal date addressed to the Principal or
Surety as the case may be, and to the Obligee requiring bond, as outlined in the notice section of
this 'ond, and is actually received by the Principal or Surety, as the case may be, and the Obligee
at ast thirty (30) days prior to the renewal date. However, neither: (a) the Surety's decision to
c - cel, nor(b)the failure or inability of the Principal to file a replacement bond or other security in
e event the Surety exercises its right to cancel this Bond,shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
Collateral Released - No Longer Required
by Board of Weld County Commissioners
date:
by
D Cep
Clerk to the Board
NOTICE:
Principal:
SunShare, LLC
1724 Gilpin Street
Denver, Colorado 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 25th day e ' August, 2023.
This bond is effective the 25th day of August, 2023.
SunShare LC
By.
\cr
Arch Insurance Company
By: /
Senia Hernandez, Attorney-in-Fa
4II4y
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 herein stated.
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 office in Jersey City,
New Jersey(hereinafter referred to as the"Company")does hereby appoint:
Bruce S.Denson Jr.,Candi Hild,Jack Meikle,John Hohlt,Senia Hernandez and Tracy Tucker 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 behalfas surety,and as it :ct and deed:
Any and all bonds,undertakings,recognizances and other surety obligations,in the penal sum not exceeding One Hundred Fifty Million Dollars($150:000,000.00).
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 dollar limit o .uthority as set forth
herein.
The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding .pon 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 elected officers - 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 Directors of the Com.• y on August 31,2022,true and
accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and e' t:
"VOTED,That the Chairman of the Board,the President, or the Executive Vice President,or any Senior Vice President,of t urety Business Division, or their
appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoi, agents and attorneys-in-fact, and to
authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Comp y,and attach the seal of the Company
thereto,bonds,undertakings,recognizances and other surety obligations obligatory in the nature thereof,and any such offic• s 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 following resolution. •pted by the unanimous consent of the Board of
Directors of the Company on August 31,2022:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, • any Senior Vice President, of the Surety Business
Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Sec ary,the seal of the Company,and certifications by the
Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolutio opted by the Board ofDirectors on August 31,2022,and
any such power so executed,sealed and certified with respect to any bond or undertaking to which it attached,shall continue to be valid and binding upon the
Company. In Testimony Whereof,the Company has caused this instrument to be signed and its corp. e seal to be affixed by their authorized officers,this 17th day
of February,2023. �� CO co
Attested and Certified g A Arch Insurance Company
Y1 SEAL if ---
1971
Regan .Shulman,Secretary Stephen C..^.uschak.Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS MGS .11
I,Michele Tripodi,a Notary Public,do hereby certify that Regan A.Shulman• d Stephen C.Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch In ance Company,a Corporation organized and existing under the laws of the State of
Missouri,subscribed to the foregoing instrument,appeared before me this• in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the fre- .nd voluntary act of said corporation and as their own free and voluntary for the uses and
purposes therein set forth. /
lth of Pmrayjtvante-lbtuy Scl 77:• RE Tilf00 la t,Notary PhRadelpti Mich e podi,Nota f ublic
Canmtsslou bpireS Number 31'2�fCoontinfon commission ex ires 07/31/2025
CERTIFICATION tt66622 My p
I,Regan A.Shulman,Secretary of the Arch Insurance C• pany,do hereby certify that the attached Power of Attorney dated February 17,2023 on behalf of the
person(s)as listed above is a true and correct copy and t•.t the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate;and I do further certify that the said St- en C.Ruschak,who executed the Power of Attorney as Executive Vice President,was on the date of execution
of the attached Power of Attorney the duly elected E -cutive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF,I have hereunto bscribed my name and affixed the corporate seal of the Arch Insurance Company on this25t day of August ,
20 23 A
Re A.Shulman,Secretary
This Power of Attorney limits the ac . those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the ext herein stated. r - '
PLEASE SEND ALL CLAIM 'QUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance—Surety Di -ion
3 Parkway,Suite 1500 ,w (z.+RrE MMt ,) 1
Philadelphia,PA 19102 ` sEAL
e 1971
To ye the authenticity of this Power of Attorney,please contact Arch Insurance Company at SuretyAuthentic arehinsurance.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.
Exhibit A
To be attached and made part of Arch Insurance Company Bond No. SU 1198230-0000
v. 'sb! :=
ZONING PERMIT FOR SOLAR ENERGY FACILITY
•
IMP, or, ADMINISTRATIVE REVIEW
Planner. Diana Aungst
Case Number ZPSF23-0002
Applicant: SunShare LLC do Beau Scott
1724 Gilpin Street. Denver, CO 80218
Owner Wayne Alm
20842 CR 76. Eaton CO 80615
Request: Zoning Permit for Solar Energy Facility (3.77 acres) in the A (' icultural) Zone
District.
Legal Description Lot B of RE-5081: being part of the E2 of Section 33, T7N ''65W of the 6th P.M.,
Weld County, CO
Location: South of and adjacent to CR 76 and approximately I '5 miles west of CR 4
Zoning: A (Agricultural) Zone District P..rcel# 0709-33-1-00-065
Parcel Size ± 83 acres Latitude: 40.53767
Lease Area: ± 3.77 acres Longitude: -104.66772
The criteria for review of this Solar Energy Facility is listed in,:.ection 23-4-470 of the Weld County Code.
The Department of Planning Services staff has recei -d referral responses with comments from the
following agencies:
> Eaton Fire Protection District, referral dated M..'ch 14, 2023
> Weld County Department of Public Health a Environment, referral dated March 20. 2023
➢ Weld County Department of Planning Serv''es—Development Review. referral dated March 16, 2023
The Department of Planning Services' st-; has received referral responses without comments from the
following agencies'
• Weld County Sheriff's Office, ref: al dated March 14, 2023
• Weld County School District R./ , referral dated March 23, 2023
Northern Colorado Water Co► ervancy District. referral dated March 22, 2023
Weld County Oil and Gas 'ergy Department, referral dated March 20, 2023
• State of Colorado. Divisio,'of Water Resources referral dated March 27, 2023
The Department of Planni< . Services' staff has not received responses from the following agencies:
➢ Town of Eaton
• Colorado Parks, '' d Wildlife
• West Greeley.''conservation District
> Weld Count...'Department of Planning Services-Code Compliance
Case Summ A :
The app ant, SunShare LLC. is proposing a solar energy facility (Cirque Solar) that is less than five (5)
acres i,•size (5 ACRE SEF). The facility will encompass about 4 acres.
ZPSF23-0002 I Alm
Page 1 of 5
The solar panels are mounted to single-axis tracking arrays, which sit parallel to the ground and follow the
path of the sun across the sky. The tracking arrays produce DC current, which is converted into AC curren
by inverters for synchronization and delivery of energy into the utility's distribution grid at a utili
transformer. The modules utilize a non-reflective glass which eliminates glare concerns and all electr. al
cables on the improved area will be buried, except for the direct current string wires that connect be een
solar collectors, direct current collection circuits between rows of solar arrays that are no more than .ur(4)
feet above grade crossings, substations, switch yards, and circuits voltages greater than 34.5 ilovolts
(where necessary.)There will be no permanent employees on site during operation, and mainten ce visits
are expected to occur quarterly on average.
Solar panels will not exceed ten (10) feet in height above the grade, at maximum tilt. ' e site will be
surrounded by an 8' high game fence.
There are four(4) residences within 500 feet of the proposed project location. These r;-idences are located
to the north and northwest of the site. SunShare is proposing to construct a six-fo- (6') tall, offset-picket
composite privacy fence running the length of the northern side of the site and a- additional fifty (50) feet
of fencing along the western project boundary. The fence would run for a total ' +/-425 feet. The original
application stated that the fence would extend twenty (20) feet along the ea.- em property line, however,
after further review it was determined that the fence is required on the west .roperty line and not along the
east side. The applicant submitted a revised narrative indicating that t screening will be on the west
property boundary as a revised site plan was also submitted showing t the screening will be fifty (50) of
feet along the west property line.
The operational life of an SEF is generally between 20-40 years. he SEF has an initial 20-year contract
with Public Service Company of Colorado (Xcel) to sell power . to the Xcel Electric grid, and the major
equipment components have warranty options up to 30 ye , with a useful life of 35-40 years. Upon
decommissioning, SunShare will entirely remove all SEF co onents (fencing, steel racking. cabling, solar
panels and associated interconnection equipment) and dertake measures to restore the land to its
original state, as addressed in the attached Decommissi ing Plan.
As no employees will be located at the site, permane water and sewer is not required. Screened portable
toilets, hand washing units and bottled water can b utilized during construction.
Approved with Conditions:
1. The Weld County Department of Plan ' g Services has determined through an administrative review
that the following Solar Energy Faci ' requirements of Section 23-4-470 of the Weld County Code
have been met and the request is proved with conditions.
A. The application is in compli4e with the standards identified for Solar Energy Facilities Less than
Five (5) Acres (5 ACRE `F).
The application materiels were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code.fertinent information includes:
A draft Decommissioning and Reclamation Plan was submitted with a cost estimate. There are four
(4) residences Within five hundred (500) feet of the site and the applicant will provide a six-foot(6')
tall, offset-piciet composite privacy fence running the length of the northern side of the site and an
additional fly (50) feet of fencing along the western project boundary to screen the SEF from the
adjacent residences.
B. The Department of Planning Services has sent notice and has not received signed notification from
at Fast thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
s bject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days.
Notice was sent to thirteen (13) surrounding properties and no responses were received.
2. rior to construction,
A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation
standards of Chapter 29 of the Weld County Code.
ZPSF23-0002 I Alm
Page 2 of 5
B. The approved access and tracking control shall be constructed prior to on-site construction.
C. The applicant shall submit a copy of a"letter of intent to interconnect'or interconnection agreement
signed by the utility company.
3. Prior to the release of building permits, the applicant shall:
A. An acceptable Final Drainage Report shall be submitted.
B. A Road Maintenance Agreement for Construction activities is required at this loc ion. Road
maintenance includes, but is not limited to, dust control and damage repair to specifie aul routes.
C. The applicant shall address the requirements of the Eaton Fire Protection District, s stated in the
referral response dated March 14, 2023. Evidence of such shall be submitted in iting to the Weld
County Department of Planning Services.
D. Submit an irrevocable standby letter of credit, bond, or alternate form of curity in an amount
sufficient to fund the estimated decommissioning/reclamation costs requir d 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 tilities serving the County,
or other securities, if it finds that such alternative forms will provide ar ssurance of the availability
of financial resources for decommissioning/reclamation that equals grexceeds that provided by the
form required herein. The method and object of Security shall bpapproved by the Weld County
Attorney. The Security shall: t
1. Name the Board of County Commissioners of Weld Cour)tI as the sole beneficiary of the letter
of credit; s'
2. Be issued by an A-rated financial institution based 5'pon a rating provided by S&P, Moody's,
Fitch, AM Best, or other rating agency with similar redentials;
3. Include an automatic extension provision or"e, -rgreen clause"; and
4. Be `bankruptcy remote." meaning the Sec ity will be unaffected by the bankruptcy of the 5
ACRE SEF operator.
4. The following development standards must be_ et at all times throughout the existence of the 5 ACRE
SEF:
1. The solar energy facility (5 ACRES•. ) is an unmanned facility less than five (5) acres in size.
2. No water or sewage disposal se ices are proposed as part of the 5 ACRE SEF.
3. Any future structures or uses`on site must obtain the appropriate zoning and building permits.
4. SunShare LLC shall maintain in compliance with the Eaton Fire Protection regulations at all time.
<r'
5. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete
in accordance witlithe accepted Decommissioning and Reclamation Plan.
6. 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.
7. 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.
8. ' 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
ZPSF23-0002 I Alm
Page 3 of 5
or informed consent signed by the residence owner agreeing to the lesser setback.
9. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices ".r
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan.
10. Underground cables. All electrical cables on the improved area shall be buried. excep •r direct
current string wires that connect between solar collectors. direct current collection circ 's between
rows of solar arrays that are no more than four (4) feet above grade crossing substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary).
11. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as ap. .ved pursuant to a
fencing plan submitted to the Department of Planning Services. Appro. ate signage shall be
placed upon such fencing that warns the public of the high voltage therei'.
12. Stormwater management. The 5 ACRE SEF shall comply with the a epted final drainage report.
13. Existing irrigation systems. The nature and location or expansi• of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjac; t to the solar facility.
14. Security. An irrevocable standby letter of credit, bond. or mate form of Security in an amount
sufficient to fund the estimated decommissioning/recla tion costs required by the Weld County
Code shall be held for the life of the project. Th d letter shall name the Board of County
Commissioners of Weld County as the sole benefici ; be issued by an A-rated financial institution
based upon a rating provided by S&P, Moody's, F. h, AM Best, or other rating agency with similar
credentials: include an automatic extension pr ision or "evergreen clause," and be "bankruptcy
remote," meaning the Security will be unaffec, d by the bankruptcy of the 5 ACRE SEF operator.
15. The property owner or operator shall be r4. for controlling noxious weeds on the site,
pursuant to Chapter 15. Article I and ll the Weld County Code.
if
16. The access to the site shall be mai ined to mitigate any impacts to the public road, including
damages and/or off-site tracking.
17. There shall be no parking or ging of vehicles on public roads. On-site parking shall be utilized.
18. Any work that may occupy,, nd or encroach upon any County rights-of-way or easement shall
acquire an approved RigSt-of-Way Use Permit prior to commencement.
19. The Property Owner hall comply with all requirements provided in the executed Road
Maintenance Agre ent for Construction.
20. Weld County i of responsible for the maintenance of onsite drainage related features.
f
21. The histor8l flow patterns and runoff amounts on the site will be maintained.
22. Duringconstruction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Fac. ' ies Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
pr ects against surface and groundwater contamination.
23 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, 30-20-100.5, C.R.S.
24. During construction, 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility.
ZPSF23-0002 I Alm
Page 4 of 5
26. 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.
27. The operation shall comply with all applicable rules and regulations of State and Federal agenci-
and the Weld County Code.
\c -7 ofb-o.vg <\ - Date: July 6, 2023
Diana Aungst, Planner Ill
•
•
r
ZPSF23-0002 I Alm
Page 5 of 5
Exhibit B
To be attached and made part of Arch Insurance Company Bond No. SU 1198230-000
Decommissioning/Reclam . ion
Plan
Fora ZPSF Permit
Cirque Solar LLC
In Compliance with:
(Section 23-4-103o B of the Wel. ounty Code)
Case Number: ZP' - TBD
Wayne Alm (Parcel ID ► o. 070933100065)
Pre red for:
Weld County De IF,artment of Planning Services
15 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
/ Denver, Colorado
; shre
una
r M U N I T T f 0 1 AN
Date Prepared: January
2023
1.o Overview
As a condition of approval for the Site-Specific Development Plan and Zonin; Permit Solar
Energy Facility (ZPSF), Weld County required that SunShare prepare a I •commissioning/
Reclamation Plan for the solar facility, that is to be reviewed and appr. ed by the Weld
County Department of Planning Services. The intent of thi Decommissioning/
Reclamation Plan is to provide a comprehensive plan for removal of he solar facility after
its useful life and/or the termination of power generation operations; . d to return the subject
property to conditions that existed prior to the solar facility's construe ion.
The solar power generation facility has an estimated useful life .f 3o years or more, with an
opportunity for a life of so years or more with equipment repla -ment and repowering. At the
end of the useful life of the facility, SunShare will cease pow: 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 r iortothe facility being constructed.
This Decommissioning/Reclamation Plan is subject to r- inement should future best practices or
alternate methods be developed by the solar indus , during the life of this facility. SunShare
will follow solar industry standards and best mama -ment practices(BMPs)that exist at the time
of decommissioning and reclamation of the sit-
1.1 Procedures for Dec. missioning the Solar Facility
After Useful Life : ermination of Power Generation
The solar facility consists of nu erous recyclable materials, including glass, semiconductor
material, steel, aluminum, co' .er, and plastics. When the facility reaches the end of its
operational life, the compo nt parts can be dismantled, and for the most part, salvaged or
recycled at properly licens facilities.
Some site features, •ch as internal roads, driveways, drainage features/improvements, and
electrical intercon ctions may remain on the site, depending upon the anticipated future use
of the prope . All such improvements, that are scheduled to remain after the
decommission. g of the site, will be approved by the Weld County Department of Planning
Services.
The following steps will be followed in the decommissioning of the solar facility:
• Approximately one year prior to the planned decommissioning of the facility, S Share
will schedule a pre-closure meeting with the Weld County Department of •lanning
Services to discuss the process for the site decommissioning and restoratio The final
decommissioning details will be developed through consultation with th- eld County
Department of Planning Services and other departments and age►cies that have
jurisdiction over activities in the decommissioning process. Any requ' ed permits will be
obtained prior to implementation of the Decommissioning/Reclama on Plan.
• Appropriate temporary(construction-related) erosion and sed' entation control BMPs
will be applied during the decommissioning phase of the --roject. The BMPs will be
inspected on a regular basis to ensure proper functionality
• Effectively, the decommissioning of the solar facility .roceeds in reverse order of the
installation:
i. A site-specific health and safety plan all be developed, prior to beginning
decommissioning activities, which corporates the specific sequence and
procedures to be followed.
2. Coordination with local dep. ments and agencies to develop route plans and
obtain necessary permits f the transportation of materials and equipment to
and from the site.
3. The solar facility s : I be disconnected from the utility grid. This process will be
coordinated wi • cel Energy.
4. PV modul shall be disconnected, collected and transported to a properly
licensed --cycling facility.
5. Abo e ground and underground electrical interconnection and distribution
c• s ling shall be removed and salvaged or recycled off-site at an approved
ecycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off-site at an approved recycling facility.
7. PV module support steel and support posts shall be removed and salvaged or
recycled off-site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconduct. s
materials, inverters, and batteries, shall be removed and salvaged or rec led
off-site at an approved recycling facility.
g. Concrete foundations shall be removed and will be recycled . '-site at an
approved concrete recycling facility.
io. Fencing shall be removed and will be recycled off-site at an .pproved recycling
facility.
ii. The site will be restored to its original condition, cluding any necessary
sculpting of soils to match existing natural conto s and the re-seeding of
native grasses. Any soil that had been re-located far construction purposes will
be redistributed on the site or used for lands aping purposes. Soils will be
compacted for those areas where foundations .r piers have been removed.
1. 2 Equipment to be Used for the o ecommissioning of
the Solar Facility •
The decommissioning of the solar facility ill be undertaken using traditional heavy
construction equipment, including front-end oaders, bull dozers, cranes, excavators (track-
mounted and rubber-tired), water tankers, ucks, and pick-ups. Semi-trucks will be used to
transport materials to off-site salvage or r: ycle centers.
1.3 Dust Mitigation D , ring the Decommissioning Phase
Water tankers will be used t• help control dust while the decommissioning activities are
occurring on the site. Durin. e decommissioning of the facility, SunShare will exercise BMPs
to limit fugitive dust from • •ing airborne and traveling beyond the property lines. Dust control
efforts will be monitore' by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled. 1 ater spray will be applied, as needed, to unpaved areas during periods
of dry weather. Care ill be taken not to over-apply water and create mud. Vehicle tracking
devices will be inst. ed at truck exit drives, per the requirements of Weld County. Vehicles
operating on the site during the decommissioning phase will limit their speed to 1.5 mph or less,
to minimize dust emissions.
1.4 Decommissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates, which shall be updated every five (• years from
the establishment and submittal of the Security, shall include all costs asso •.ted with the
dismantlement, recycling, and safe disposal of facility components and ite reclamation
activities, including the following elements:
Decommissioning:
Fencing $300.00
Structures $6,000.00
Modules $3,000.00
Electrical $2,000.00
Site Restoration $2,500.00
Total $3.3,800.00
Clarifications—Inclusions and Exclusions
i. Based on project drawi .s provided.
2. Includes the specifies appropriate project management and
mobilization to ad re to the project schedule.
3. Breakouts provis d for accounting purposes only.
4. All work is to • done in a single phase.
5. Includes rec cling of steel, aluminum, modules and copper.
6. Includes r storation of the site back to like conditions before the solar array
was in .fled.
Scop: specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal, package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
9. Waste disposal fees and containers.
10. Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site out *de of
property.
3. Engineering, fees, errors, omissions additional
design intent not clearly delivered or
identified on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the recommissioning
of the Solar Facility •
•
In the Board of County Commissioners' Resolutio • dated fDate TBD1 , 2o23, 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 s> the facility. The surety bond is to name
the Board of County Commissioners of W- d 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 Decommis *ening/Reclamation Plan. Weld County shall have
the right to draw upon the irrevoc• .le standby letter of credit, or other form of
financial security, to pay for .•commissioning in the event that the
holder has not comme ed decommissioning/reclamation activities within
ninety (9o) days of the Board; .f County Commissioners' order or resolution directing
decommissioning/reclamation. /
Prepared by: f%
Beau Scott,
Development Aciate
E
Page 6of6
Site Plan
See Next Page.
SURETY BOND
cart
BOND NUMBER 800137757
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 New
York,as Surety,are held and firmly bound unto The Board of County Commissioners of Weld
County,Colorado,as Obligee in the sum of Thirteen Thousand Eight Hundred and 00/100
Dollars($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 entered into a written agreement with the Obligee for the placement
of a solar energy facility comprised of solar energy collection cells/panels and related facilities
necessary to harness sunlight for energy generation and distribution and associated support structure,
braces,racking,wiring and related interconnection equipment which agreement sets forth the terms
and conditions which govern the use of such Permit ZPSF23-0002 and which agreement is hereby
specifically referred to and made part hereof as Exhibit A("Resolution"),and
WHEREAS,Weld County requires the submission of a bond guaranteeing the maintenance,
replacement,removal or relocation of said solar energy facility located at Cirque Solar LLC-Lot
B of RE-5081;being part of the E2 of Section 33,T7N,R65W of the 6th P.M.,Weld County,
CO and as further detailed in the revised Decommissioning Plan,attached as Exhibit B.
NOW THEREFORE,the condition of this obligation is such,that if the above bounden Principal
shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee
against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance,
replacement,removal or relocation of side solar energy facility,then this obligation shall be void,
otherwise to remain in full force and effect unless cancelled as set forth below.
Whereas,the Obligee has agreed to accept this Bond,this Bond shall be effective for the definite
period of August 25,2025 to August 25,2026.
THIS BOND shall automatically renew for successive one-year terms unless,at least forty-five(45)
days prior to the next annual renewal date(which shall be December 31 of each calendar year),the
Surety delivers written notice to Principal and to Obligee,or Principal delivers written notice to
Surety and Obligee,that the notice-sender seeks to modify the terms of,or cancel,this bond.Written
notice is effective if delivered to,or sent by certified mail,postage prepaid,and deposited in the U.S.
Mail,at least forty-five(45)days prior to the next annual renewal date addressed to the Principal or
Surety,as the ease may be,and to the Obligee requiring bond,as outlined in the notice section of
this Bond,and is actually received by the Principal or Surety,as the case may be,and the Obligee
at least thirty 430)days prior to the renewal date. However,neither:(a)the Surety's decision to
cancel,nor(b)Ithe failure or inability of the Principal to file a replacement bond or other security in
the event the Surety exercises its right to cancel this Bond,shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
NOTICE:
Principal:
SunShare,LLC
1724 Gilpin Street
Denver,CO 80218
Surety:
Atlantic Specialty Insurance Company
605 Highway 169 North,Suite 800
Plymouth,MN 55441
Obligee:
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley,CO 80631
THIS BOND is signed,sealed,dated on the 1st day of August,2025.
This bond is effective the 25th day of August,2025.
SunShare,LLC
By: (I
Atlantic Specialty Insurance Company
By: (3,L_ (546E
Jo L.Hohlt,Attorney-In-Fact
[intact]
INSURANCE Power of orney
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.Hohlt,Nathan Wonder,Senoa 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 they 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 maybe given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances,contract�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 ompany 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 o 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 tctenty-fifth day of September,2012:
Resolved:That the si ature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal maybe affixed by
facsimile to any powe of attomey or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,
undertaking,recogniz ce 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.
QG Gp4P0RgT�2�"+
_.: SEAL mi.
1986 0 By
STATE OF MINNESOTA Sarah A.Kolar,Vice President and General Counsel
HENNEPIN COUNTY
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.
ALISON D.NASH-TROUT
fNOTARY PUBLIC-MINNESOTA ` % 1 /t
i% My Commission Expires
I •a
vie' 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 Ire resolutions set forth above are now in force.
Signed and sealed.Dated lst day of August 2025,
Ifh'SEAL'1T
° 1986 OS •r J
This Power of Attorney expires 'r2s'�Fw Yoe da
January 31,2030 `'%t E, l,e,``' Kara L.B.Barrow,Secretary
Please direct bond verifications to surety@intactiusurance.com
Exhibit A
To be attached and made part of Atlantic Specialty Insurance Company Bond No.800137757
r = ZONING PERMIT FOR SOLAR ENERGY FACILITY
— ►.� /' I ADMINISTRATIVE REVIEW
ouNTY
Planner: Diana Aungst
Case Number: ZPSF23-0002
Applicant: SunShare LLC do Beau Scott
1724 Gilpin Street,Denver,CO 80218
Owner: Wayne AIm
20842 CR 76,Eaton CO 80615
Request: Zoning Permit for Solar Energy Facility(3.77 acres)in the A(Agricultural)Zone
District.
Legal Description: Lot B of RE-5081;being part of the E2 of Section 33,T7N,R65W of the 6th P.M.,
Weld County,CO
Location: South of and adjacent to CR 76 and approximately 0.25 miles west of CR 4
Zoning: A(Agricultural)Zone District Parcel#: 0709-33-1-00-065
Parcel Size: ±83 acres Latitude: 40.53767
Lease Area: ±3.77 acres Longitude: -104.66772
The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code.
The Department of Planning Services'staff has received referral responses with comments from the
following agencies:
➢ Eaton Fire Protection District,referral dated March 14,2023
➢ Weld County Department of Public Health and Environment,referral dated March 20,2023
➢ Weld County Department of Planning Services—Development Review,referral dated March 16,2023
The Department of Planning Services'staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriffs Office,referral dated March 14,2023
➢ Weld County School District RE-2,referral dated March 23,2023
➢ Northern Colorado Water Conservancy District,referral dated March 22,2023
➢ Weld County Oil and Gas Energy Department,referral dated March 20,2023
➢ State of Colorado,Division of Water Resources,referral dated March 27,2023
The Departme Irit of Planning Services'staff has not received responses from the following agencies:
➢ Town of Eaton
➢ Colorado Perks and Wildlife
➢ West Greeley Conservation District
➢ Weld County Department of Planning Services-Code Compliance
Case Summary:
The applicant,SunShare LLC,is proposing a solar energy facility(Cirque Solar)that is less than five(5)
acres in size(51ACRE SEF).The facility will encompass about 4 acres.
ZPSF23-0002 I AIm
Page 1 of 5
The solar panels are mounted to single-axis tracking arrays,which sit parallel to the ground and follow the
path of the sun across the sky.The tracking arrays produce DC current,which is converted into AC current
by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility
transformer.The modules utilize a non-reflective glass which eliminates glare concerns and all electrical
cables on the improved area will be buried,except for the 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,switch yards,and circuits voltages greater than 34.5 kilovolts
(where necessary.)There will be no permanent employees on site during operation,and maintenance visits
are expected to occur quarterly on average.
Solar panels will not exceed ten(10)feet in height above the grade,at maximum tilt.The site will be
surrounded by an 8'high game fence.
There are four(4)residences within 500 feet of the proposed project location.These residences are located
to the north and northwest of the site.SunShare is proposing to construct a six-foot(6')tall,offset-picket
composite privacy fence running the length of the northern side of the site and an additional fifty(50)feet
of fencing along the western project boundary.The fence would run for a total of+/-425 feet.The original
application stated that the fence would extend twenty(20)feet along the eastern property line,however,
after further review it was determined that the fence is required on the west property line and not along the
east side.The applicant submitted a revised narrative indicating that the screening will be on the west
property boundary as a revised site plan was also submitted showing that the screening will be fifty(50)of
feet along the west property line.
The operational life of an SEF is generally between 20-40 years.The SEF has an initial 20-year contract
with Public Service Company of Colorado(Xcel)to sell power into the Xcel Electric grid,and the major
equipment components have warranty options up to 30 years,with a useful life of 35-40 years.Upon
decommissioning,SunShare will entirely remove all SEF components(fencing,steel racking,cabling,solar
panels and associated interconnection equipment)and undertake measures to restore the land to its
original state,as addressed in the attached Decommissioning Plan.
As no employees will be located at the site,permanent water and sewer is not required.Screened portable
toilets,hand washing units and bottled water can be utilized during construction.
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 application is in compliance with the standards identified for Solar Energy Facilities Less than
Five(5)Acres(5 ACRE SEF).
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code.Pertinent information includes:
A draft Decommissioning and Reclamation Plan was submitted with a cost estimate.There are four
(4)residences within five hundred(500)feet of the site and the applicant will provide a six-foot(6')
tall,offset-picket composite privacy fence running the length of the northern side of the site and an
additional fifty(50)feet of fencing along the western project boundary to screen the SEF from the
adjacent residences.
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 thirteen(13)surrounding properties and no responses were received.
2. Prior to construction,
A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation
standards of Chapter 29 of the Weld County Code.
ZPSF23-0002 I Alm
Page 2 of 5
- construction.B. The approved access and tracking control shall be constructed prior to on site const uct on.
C. The applicant shall submit a copy of a"letter of intent to interconnect"or interconnection agreement
signed by the utility company.
3. Prior to the release of building permits,the applicant shall:
A. An acceptable Final Drainage Report shall be submitted.
B. A Road Maintenance Agreement for Construction activities is required at this location.Road
maintenance includes,but is not limited to,dust control and damage repair to specified haul routes.
C. The applicant shall address the requirements of the Eaton Fire Protection District,as stated in the
referral response dated March 14,2023.Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
D. 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
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 SEF.
3. Any futire structures or uses on site must obtain the appropriate zoning and building permits.
4. SunShare LLC shall maintain in compliance with the Eaton Fire Protection regulations at all time.
5. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete
in accordance with the accepted Decommissioning and Reclamation Plan.
6. Height!imitation.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.
7. 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
8. 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
ZPSF23-0002 I Alm
Page 3 of 5
or infomied consent signed by the residence owner agreeing to the lesser setback.
9. 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.
10.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).
11.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.
12.Stormwater management.The 5 ACRE SEF shall comply with the accepted final drainage report.
13.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.
14.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.
15.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.
16.The access to the site shall be maintained to mitigate any impacts to the public road,including
damages and/or off-site tracking.
17.There shall be no parking or staging of vehicles on public roads.On-site parking shall be utilized.
18.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.
19.The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
20.Weld County is not responsible for the maintenance of onsite drainage related features.
21.The historical flow patterns and runoff amounts on the site will be maintained.
22.During construction,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.
23.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,30-20-100.5,C.R.S.
24.During construction,waste materials shall be handled,stored,and disposed in a manner that
controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance
conditidns.The facility shall operate in accordance with Chapter 14,Article 1 of the Weld County
Code.
25.Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility.
ZPSF23-0002 I Alm
Page 4 of 5
26.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.
27.The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
Date:July 6,2023
Diana Aungst,Planne III
ZPSF23-0002 I Alm
Page 5 of 5
Exhibit B
To be attached and made part of Atlantic Specialty Insurance Company Bond No.800137757
Decommissioning/Reclamation
Plan
For a ZPSF Permit
Cirque Solar LLC
In Compliance with:
(Section 23-4-103o B of the Weld County Code)
Case Number:ZPSF-TBD
Wayne Alm(Parcel ID No.070933100065)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley,CO 80631
Prepared by:
SunShare,LLC
Denver,Colorado
it
-"SunShare
Date Prepared:January
rY
2023
1.o Overview
As a condition of approval for the Site-Specific Development Plan and Zoning Permit Solar
Energy Facility(ZPSF),Weld County required that SunShare prepare a Decommissioning/
Reclamation Ilan for the solar facility,that is to be reviewed and approved by the Weld
County Deplartment of Planning Services. The intent of this Decommissioning/
Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after
its useful life and/or the termination of power generation operations;and to return the subject
property to conditions that existed prior to the solar facility's construction.
The solar power generation facility has an estimated useful life of 3o years or more,with an
opportunity for a life of so years or more with equipment replacement and repowering.At the
end of the useful life of the facility,SunShare will cease power generation,decommission the
facility,and remove the components of the facility from the subject property.The site will be
reclaimed and returned to the agricultural use that existed prior to the facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry,during the life of this facility.SunShare
will follow solar industry standards and best management practices(BMPs)that exist at the time
of decommissioning and reclamation of the site.
1.1 Procedures for Decommissioning the Solar Facility
After Useful Life&Termination of Power Generation
The solar facility consists of numerous recyclable materials,including glass,semiconductor
material,steel,aluminum,copper,and plastics. When the facility reaches the end of its
operational life,the component parts can be dismantled,and for the most part,salvaged or
recycled at properly licensed facilities.
Some site features,such as internal roads,driveways,drainage features/improvements,and
electrical interconnections may remain on the site,depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site,will be approved by the Weld County Department of Planning
Services.
The following steps will be followed in the decommissioning of the solar facility:
• Approximately one year prior to the planned decommissioning of the facility,SunShare
will schedule a pre-closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration.The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process.Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
• Appropriate temporary(construction-related)erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
• Effectively,the decommissioning of the solar facility proceeds in reverse order of the
installation:
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.
y,. PV modules shall be disconnected,collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off-site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off-site at an approved recycling facility.
7. PV module support steel and support posts shall be removed and salvaged or
recycled off-site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials,inverters,and batteries,shall be removed and salvaged or recycled
off-site at an approved recycling facility.
g. Concrete foundations shall be removed and will be recycled off-site at an
approved concrete recycling facility.
o.Fencing shall be removed and will be recycled off-site at an approved recycling
facility.
i. 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:
Decommission in :
9
Fencing $300.00
Structures $6,000.00
Modules $3,000.00
Electrical $2,000.00
Site Restoration $2,500.00
Total $13,800.00
Clarifications—Inclusions and Exclusions
1. Based on
project drawings provided.
P J 9
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel,aluminum,modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal,package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
9. Waste disposal fees and containers.
10.Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering,fees,errors,omissions additional
design intent not clearly delivered or
identified on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated rDate TBD1 , 2023, the
Board requires SunShare,LLC to provide financial assurance to the County in the form of a
surety bond,in an amount established by the Director of the Department of Planning
Services,to ensure proper decommissioning of the facility. The surety bond is to name
the Board of County Commissioners of Weld County as beneficiary and be current and
active at all time during the life of the permit. The required surety bond will be
provided as part of this Decommissioning/Reclamation Plan. Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the
holder has not commenced decommissioning/reclamation activities within
ninety (9o) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation.
Prepared by:
Beau Scott,
Development Associate
Page 6 of 6
Site Plan
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