HomeMy WebLinkAbout20250121.tiffResolution
Approve Decommissioning Plan and Accept Collateral for Use by Special Review
Permit, USR23-0027, for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District - USS South Platte Solar,
LLC / Pivot Solar 56, 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 December 6, 2023, the Board of County Commissioners approved the
application of Phyllis Burkgren, 1890 South Marshall Circle, Lakewood, Colorado 80232,
c/o USS South Platte Solar, LLC, 100 North 6th Street, Suite 410B, Minneapolis,
Minnesota 55403, for a Use by Special Review Permit, USR23-0027, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as
follows:
W1/2 SE1/4 of Section 36, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
Whereas, pursuant to Condition of Approval #5.A of the Resolution of USR23-0027,
Pivot Solar 56, LLC, 100 N 6th Street, Suite 410B, Minneapolis, Minnesota 55403,
formerly USS South Platte Solar, LLC, has presented the Board with a Decommissioning
Plan for said USR, and requests the Board accept Decommissioning Bond
#CMS0354348, insured through RLI Insurance Company, 9025 North Lindbergh Drive,
Peoria, Illinois 61615, in the amount of $108,974.00, guaranteeing maintenance,
replacement, removal, relocation, and/or reclamation of said solar energy facility, and
Whereas, staff recommends approval of the Decommissioning Plan and acceptance of
Decommissioning Bond #CMS0354348, since they comply with Section 23-4-1030.B of
the Weld County Code and will satisfy Condition of Approval #5.A of the Resolution of
USR23-0027.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Decommissioning Plan, be, and hereby is, approved and accepted.
Be it further resolved by the Board of County Commissioners that Decommissioning
Bond #CMS0354348, insured through RLI Insurance Company, 9025 North Lindbergh
Drive, Peoria, Illinois 61615, in the amount of $108,974.00, guaranteeing maintenance,
replacement, removal, relocation, and/or reclamation of said solar energy facility, as
permitted and operated under USR23-0027, be, and hereby is, approved and accepted.
5007489 Pages: 1 of 2
01/24/2025 10:32 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ill' ��A°�f��' 4 ',ll�Ma rlK1tR 10 Mak 1101
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2025-0121
PL2892
Decommissioning Plan and Accept Collateral (USR23-0027) - USS South Platte Solar,
LLC / Pivot Solar 56, LLC
Page 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2025.
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: 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
5007489 Pages: 2 of 2
01/24/2025 10:32 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I4FJ0::11 Bill
2025-0121
PL2892
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (USR23-0027)
DEPARTMENT: Planning Services DATE: 10/02/2024
PERSON REQUESTING: Diana Aungst
Brief description of the problem/issue:
US Solar c/o USS South Platte Solar LLC has submitted a Surety Bond for the Board of County
Commissioner's consideration. The applicant submitted the decommissioning and reclamation plan for USR23-
0027 Solar Energy Facility. USR23-0027 was conditionally approved by the Board of County Commissioners
on December 6, 2023. The Surety Bond (#CMS0354348) meets the intent of Condition of Approval #5.A of the
resolution. The Surety Bond meets the requirements of Section 23-4-1030.B.4 of the Weld County Code.
What options exist for the Board?
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Consequences: Consequence of not approving/accepting the surety - the County won't have collateral
in the event that the operator fails to follow through with reclamation. Taxpayers will be on the hook to remove
solar equipment and reclaim the property.
Impacts: Unknown
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Unknown
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030.B.4 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If
the surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #5.A.
of the resolution.
Support Recommendation Schedule
Place on BOCC Mends Work Session Other/Comments:
Perry L. Buck, Pro -Tern -03
Mike Freeman
Scott K. James nn
Kevin D. Ross, Chair
Lori Saine
2025-0121
I /$ P ZZt Z
USR23-0027 - PS 56
100 N 6 Street, Suite 410B 612.230.0172
Minneapolis, MN 55403 www.us-solar.corn
USS SOUTH PLATTE SOLAR LLC - DECOMMISSIONING — RECLAMATION PLAN
The proposed SEF consists of many recyclable materials, including glass, semiconductor material, steel, aluminum,
copper, and plastics. When the proposed SEF reaches the end of its operational life, the component parts will be
dismantled and recycled as described below. US Solar's lease contract with the property owner requires us to
decommission and restore the site at our expense. The decommissioning plan would commence at the end of the lease
term or in the event of twelve (12) months of non -operation. At the time of decommissioning, the proposed SEF
components will be dismantled or removed using minimal impact construction equipment, and materials will be safely
recycled or disposed of. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of
at least three (3) feet below grade shall be removed. USS South Platte Solar LLC will be responsible for all of the
decommissioning costs.
REMOVAL PROCESS
The decommissioning of the proposed SEF proceeds in the following reverse order of the installation:
1. The solar system will be disconnected from the utility power grid
2. PV modules will be disconnected and removed
3. Electrical cables will be removed and recycled off -site
4. PV module racking will be removed and recycled off -site
S. PV module support posts will be removed and recycled off -site
6. Electrical devices, including transformers and inverters, will be removed and recycled off -site
7. Concrete pads will be removed and recycled off -site
8. Fencing will be removed and recycled off -site
9. Reclaim soils in the access driveway and equipment pad areas by removing imported aggregate material and concrete
foundations; replace with soils as needed
The proposed SEF site may be converted to other uses in accordance with applicable land use regulations at the time
of decommissioning. There are no permanent changes to the site, and it will be retumed in terrific condition. This is the
great thing about community solar gardens — if desired, the site can return to productive farmland after the system is
removed.
DECOMMISSIONING CONSIDERATIONS
We ask that Weld County take note of three (3) important considerations: 1) a proposed SEF is not a public nuisance,
2) the resale and recycle value are expected to exceed the cost of decommissioning, and 3) Weld County residents and
taxpayers are not at risk.
1) Our modules don't contain hazardous materials and the proposed SEF is not connected to government utilities
(water, sewer, etc.). The proposed SEF is not a public nuisance threat that would require government involvement in
decommissioning or removal of the proposed SEF. Compare this use to an abandoned home, barn, etc. that may include
hazardous materials or become a public nuisance.
2) Upon the end of the proposed SEF's life, the component parts may be resold and recycled. The aggregate value of
the equipment is expected to exceed the cost of decommissioning and removal. Solar modules, for example, have
power output warranties guaranteeing a minimum power output in Year 25 of at least 80% of Year 1. Since the value
of the solar panels is measured by their production of watts and the value of electricity, it is easy to calculate expected
resale value. Even using extremely conservative assumptions, the value of the solar modules alone greatly exceeds the
cost of decommissioning. This does not factor in the recycle value of other raw materials like steel, copper, etc. So,
decommissioning is seen as a process that results in a net profit, incentivizing the proposed SEF owner to do it.
100 N 6t" Street, Suite 410B 612.230.0172
Minneapolis, MN 55403 www.us-solar.com
3. In the extremely unlikely, "worst -case" scenario where 1) the proposed SEF owner fails to decommission and neither
our lender nor any power generation entities want the assets, and then 2) the landowner fails to decommission the
proposed SEF (which the landowner would have the right to do under the lease), and then 3) the decommissioning
financial bond was insufficient to decommission the proposed SEF, Weld County would have its standard police powers
to enforce decommissioning. If that process ultimately resulted in Weld County gaining ownership of the property,
Weld County could sell the parcel which would absolutely exceed the cost of decommissioning.
DECOMMISSIONING FINANCIAL SURETIES
Despite the considerations of 1) the proposed SEF is not a public nuisance, 2) the resale and recycle value is expected
to exceed the cost of decommissioning, and 3) Weld County and taxpayers are not at risk, we proposed implementing
an irrevocable bond in an amount sufficient to fund the estimated decommissioning/reclamation costs as required by
Weld County Code Sec. 23-4-1030.
The financial surety provides an extra layer of security that the proposed SEF site will be returned to the appropriate
condition at the end of the proposed SEF's useful life or earlier, should the proposed SEF cease operations for a twelve-
month period. The landowner will be provided a copy of the document, thereby establishing the obligation before
construction commences.
The bond will be in the amount of $108,974 based on Table 1 below. The estimated costs provided in this table are
based on the New York State Energy Rematch and Development (NYSERDA) guidance document entitled
"Decommissioning Solar Panels." The cost estimate will be updated every five (5) years from the establishment and
submittal of the security.
Table 1: Estimated Decommissioning Costs for USS South Platte Solar LLC Project
Remove Rack Wiring = $4,450
Remove Panels = $4,434
Dismantle Racks = $22,353
Remove Electrical Equipment = $3,348
Breakup/Remove Concrete Pads = $2,715
Remove Racks =$14,118
Remove Cable =$11,765
Remove Ground Screws and Power Poles = $25,068
Remove Fence = $8,959
Grading = $7240
Seed Disturbed Areas = $452
Truck to Recycle Center = $4,072
Tonal = $108,974
Bond No. CMS0354348
DECOMMISSIONING BOND
KNOW ALL BY THESE PRESENTS: That we, Pivot Solar 56 LLC, as Principal, and RLI
Insurance Company, a corporation duly authorized under the laws of the State of Illinois as Surety,
are held and firmly bound unto Weld County, as Obligee in the maximum aggregate penal sum of
One Hundred Eight Thousand Nine Hundred Seventy -Four and 00/100 Dollars ($108,974.00),
lawful money of the (United States of America, to be paid to the said Obligee, successors or assigns;
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors,
administrators and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to
complete decommissioning in accordance with the Pivot Solar 56 LLC Solar Facility
Decommissioning Plan, which said agreement, dated December 6, 2023 is hereby referred to and
made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of the decommissioning referred to in said agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and
well and truly keep and perform the decommissioning provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as
therein stipulated, thn this obligation shall become null and void; otherwise it shall be and remain in
full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions
and conditions:
1. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written
statement of the facts of such default, within thirty (30) days of the occurrence.
2. The obligation of Surety shall arise when Principal is notified to cure a default, with concurrent
notice to Surety, and does not cure the default within the timeframe required under the
decommissioning Agreement, such cure period not to exceed 30 days.
a.) If there is no Obligee Default, the Surety's obligation under this Bond shall arise after:
i) The Obligee has notified the Principal and the Surety that the Obligee is considering
declaring a Pcipal Default and has requested and attempted to arrange a conference with
the Principal and the Surety to be held not later than fifteen days after receipt of such notice
to discuss methods of performing the decommissioning Agreement. If the Obligee, the
Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform
the Agreement, but such an agreement shall not waive the Obligee's right, if any,
subsequently io declare a Principal Default, and
Bond No. CMS0354348
ii) The Obligee has declared a Principal Default and formally terminated the Principal's
right to complete the Decommissioning Agreement. Such Principal Default shall not be
declared earlier than Thirty days (30) after the Principal and the Surety have received
notice, and
iii) The Obligee has agreed to pay the Remaining Balance Due under the Agreement to
the Surety in accordance with the terms of the Agreement or to an entity selected to
perform the Agreement in accordance with the terms of the Agreement with the
Obligee.
3. When the Obligee has satisfied the conditions of Paragraph 2, the Surety will have the right and
opportunity, at its sole discretion to promptly take one of the following actions:
a) cure the default;
b) assume the remainder of the Decommissioning Agreement and to perform or sublet same
c) tender to the Obligee funds sufficient to cure the default, up to an amount not to exceed the
penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated
damages, or forfeitures assessed against the Principal.
4. After the Obligee has terminated the Principal's right to complete the Decommissioning
Agreement, and if the Surety elects to act under Paragraph 3a, 3b or 3c above, then the
responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under
the decommissioning Agreement, and the responsibilities of the Obligee to the Surety shall not
be greater than those of the Obligee under the Agreement
5. No assignment by the Principal shall be effective without the written consent of the surety.
6. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written
notice to the Obligee, stating therein the effective date of such termination or cancellation. Such
notice shall not limit or terminate any obligations resulting from default by the Principal that
may have accrued under this bond as a result of default by Principal prior to the effective date of
such termination.
7. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the
Obligee recoverable under this bond.
8. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
9. No tight of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
Bond No. CMS0354348
10. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
11. The Surety's liability under this bond shall not extend in any manner nor will the Surety be
responsible to pay any sums due related to hazardous waste cleanup, wetlands mitigation,
remediation actions or removal or responsibility for any of these pollution risks whatsoever or
for tort liability.
12. In no event shall this bond guarantee the Principal's obligations under said agreement relating to
lease or rent payments.
13. If any conflict or inconsistency exists between the Surety's obligations as described in this bond
and as may be described in any underlying agreement, permit, document or contract to which
this bond is related, then the terms of this bond shall prevail in all respects.
14. This bond shall riot bind the Surety unless the bond is accepted by the Obligee. If the Obligee
objects to any language contained herein, within 30 days of the date this bond is signed and
sealed by the Surety, Obligee shall return this bond, certified mail or express currier, to the
Surety at its address at:
RLI Commercial Surety
Attermon: Kevin Richards, Director
9025 N. Lindbergh Dr., Peoria, IL 61615
Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and
conditions herein.
IN WITNESS WHEREOF, the signature of said Principal is hereto affixed and the corporate seal
and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact,
this 13th day of August, 2024.
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
John L. Hohlt, Senia Hernandez, Nathan Wonder, Jack Meikle, MaLeatra English, Nadia Ortega, William Ison, jointly or severally
in the City of Denver , State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective ,,, Stoliiabfesident with its corporate seal affixed this 18th day of
June 2024 ,. �NCE C)+1'41 Insurance Company
State of Illinois
} SS
County of Peoria
�''',o,•• etl�tractors Bonding and Ins ance Company
..t : r
APeic Raudins
� r�i,l�rWti ,
''•,,,�CINB'5•t`,,,
+unuut�a
On this 18th day of June , 2024 , before me, a Notary Public,
personally appeared Eric Raudins , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By:
Jill A. Scott A Notary Public
JILL A SCOTT'
Notary Public
State or OMo
My Comm. Expires
September 22, 2025
Sr. Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this 13th day of Auaust , 2024 .
RLI Insurance Company
Contractors Bonding and Insurance Company
By: 0 3.1.4(
Jeffrey i'citrA° Corporate Secretary
05.911020212
A0058D 19
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0027, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - PHYLLIS BURKGREN, CIO USS SOUTH PLATTE SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of
December, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Phyllis Burkgren, 1890 South Marshall Circle, Lakewood, Colorado
80232, c/o USS South Platte Solar, LLC, 100 N 6th Street, Suite 410B, Minneapolis, Minnesota
55403, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0027,
for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
W1/2 SE1/4 of Section 36, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Nicole Affleck, US Solar,
100 N 6th Street, Suite 410B, Minneapolis, Minnesota 55403, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on this
ec : PL(:R/61►1/DAMN/DA), CAIKS+i, ASE(SG) 2023-3443
AFPn., APL. REP. PL2892
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SPECIAL REVIEW PERMIT (USR23-0027) - PHYLLIS BURKGREN, C/O USS SOUTH PLATTE
SOLAR, LLC
PAGE 2
.t
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth.' This Solar Energy Facilty (SEF) will
provide construction jobs, initially, and energy generation to Weld
County, both of which directly support economic prosperity. This
SEF, being a power -generating facility, will add variety, stability,
and redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.C states: 'Harmonize development with
surrounding land uses.' The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. There are no residences less than 500 feet from the facility.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: 'Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses.' Once the
proposed SEF is operational, residents, businesses, and public
entities within Xcel Energy's service territory will have the ability to
subscribe to the proposed SEF and save five (5%) to ten (10%)
percent on their monthly electric utility bills.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, 'Solar Energy Facilities (SEFs), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than fire (5)
acres, but less than 320 acres in the Agricultural/Rural Area, as
shown on Appendix 21-B.' This Code Section allows the applicant
to apply for the subject Solar Energy Facility, being located in the
Near/Urban Area, as shown by map, in Appendix 21-B. Per
Section 23-1-90 of the Weld County Code, a 'Solar Energy Facility"
means: 'a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other
accessory structures, equipment, including substations,
switchyards, battery storage, electrical infrastructure, generators,
transmission lines, communications infrastructure, and other
2023-3443
PL2892
SPECIAL REVIEW PERMIT (USR23-0027) - PHYLLIS BURKGREN, C/O USS SOUTH PLATTE
SOLAR, LLC
PAGE 3
appurtenant structures and/or facilities." The .SEF will encumber
approximately 19 acres and qualifies as a SEF USR. This SEF will
include three (3) conex (cargo) containers during construction.
These cargo containers shall be removed from the site during
operations or shall be reduced to two (2), since two (2) cargo
containers are allowed as an Accessory Use, per Section 23-3-30.B
of the Weld County Code.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are eight (8) A (Agricultural)
Zoned properties that surround this site. Because the SEF is located on the
south side of the property there are no residences less than 500 feet from
the proposed facility. The surrounding land uses are primarily agricultural.
There are eight (8) USRs within one (1) mile of the site: USR-1053, for seed
production; SUP -446, for a 20 -dog kennel; USR-600, for a natural gas
facility; USR-848, for a storage facility; SUP -131, for a gravel pit;
3rd Amended USR-597, for a natural gas processing facility; USR-1163,
for a storage and parking of oilfield equipment; and USR13-0012, for
agricultural services.
The Godfrey Ditch runs east/west through the subject site and the SEF will
be located south of the ditch. USS South Platte Solar, LLC, has been in
contact the Godfrey Ditch representative, Daniel Gallen, Water Resources
Specialist at Aurora Water. Mr. Gallen is aware the SEF and of USS South
Platte Solar, LLC's, need to cross the ditch. USS South Platte Solar, LLC,
will eventually, likely, need to execute a Crossing Agreement with Godfrey
Ditch. Per the application materials, Mr. Gallen does not anticipate any
issues between the proposed SEF and the ditch owners but stated that
U.S. Solar should avoid significant grading so sediment will not blow into
the ditch. USS South Platte Solar, LLC, does not plan on conducting any
significant grading on the parcel. Mr. Gallen stated that any access -path
improvements would need to be brought to the ditch owners; however, USS
South Platte Solar, LLC, does not anticipate any major access -path
improvements, and plan on utilizing the existing eastern gravel access
path. The Godfrey Ditch did not return any referral agency comments.
An Approved Jurisdictional Determination (AJD) (NWO-2022-01095-DEN)
from the U.S. Army Corps of Engineers, dated December 20, 2022, was
provided stating all features on the site (except for Godfrey Ditch) are not
Waters of the United States (WOTUS), and, therefore, do not require a
permit for the discharge of dredged or fill material. The site is also in a
flood plain.
Weld County Department of Planning Services staff sent notice to
seven (7) surrounding property owners within 500 feet of the proposed
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USR boundary. No written correspondence or telephone calls were
received.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — That the uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is located within the Coordinated Planning Agreement Area (CPA) for the
City of Evans and the Town of LaSalle. As part of the pm -application
process the municipalities were sent a Notice of Inquiry (NOI). The City of
Evans submitted a Notice of Inquiry, dated May 26, 2023, that stated no
concerns and that they did not wish to annex. According to the City of
Evans' Community Master Plan (-2022) and corresponding Future Land
Use Map the site is located outside the City of Evans' Urban Growth
Boundary.
The Town of LaSalle submitted a Notice of Inquiry, dated June 6, 2023,
stating that they do wish to annex when the property is eligible. The
Comprehensive Plan Map for the Town of LaSalle shows the site within the
primary and secondary growth boundaries and 100 -year floodplain.
The site is located within the three (3) mile referral area of the Cities of
Greeley and Evans and the Towns of LaSalle and Garden City. The City of
Evans and the Town of Garden City did not submit referral agency
comments. The City of Greeley submitted referral agency comments, dated
July 6, 2023, stating that they have no concerns.
The Town of LaSalle submitted referral agency comments dated July 21,
2023, that included comments regarding a Floodplain Development Permit,
annexation of the property, travel routes, weeds, water runoff/erosion, and
a possible Road Maintenance Agreement with the Town of LaSalle. The
applicant provided an email, dated October 4, 2023, that stated a
discussion was held with the Town of LaSalle and that US Solar is
agreeable to the conditions suggested by the Town of LaSalle.
E. Section 23-2-230.8.5 — The property is not located within any overlay
district officially adopted by the County, including A -P (Airport) Overlay
District, 1-25 Overlay District, Geologic Hazard Overlay District,
MS4 - Municipal Separate Storm Sewer System area, Historic Townsites
Overlay District, Agricultural Heritage Overlay District, or part of a
Disproportionally Impacted Community. The property is located within a
Special Flood Hazard Area. Building Permits issued on the lot will be
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required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 20 acres of soils
designated as "Prime Farmland if drained and either protected from
flooding or not frequently flooded during the growing season," Aquolls and
Aquents, and gravelly substratum, per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report. The proposed use of
the property for an SEF will not remove topsoil from the property. After the
life of the SEF the land may be returned to historic uses. A letter submitted
by USS South Platte Solar, LLC, stated, historically, the property has been
used for farming row crops like corn, wheat, soybeans, etc., and in 2023,
the landowner teamed up with Petrocco Farms to plant vegetables on the
parcel. The SEF will encompass approximately 19.7 acres of the 43 acres,
which allows the remaining 23.3 acres to continue to be utilized as
cropland. Additionally, a majority of the 19.7 acres within USS South
Platte's fenced area will be transformed into a diverse mix of
pollinator -friendly, low-lying, deep-rooted grasses, which will be planted
underneath the modules and between the rows. The general intention of
this pollinator -friendly habitat is to reduce stormwater runoff and increase
crop yields of any neighboring farmland. The pollinator -friendly habitat is
intended to enhance the local wildlife, such as bumblebees, monarch
butterflies, and more. This site will also involve agrivoltaics in the form of
beekeeping. A community beekeeper is invited to use the site as an apiary.
While the solar panels generate electricity from the sun, bees make honey
and pollinate the habitat planted underneath and in-between the rows of
solar panels.
G. Section 23-2-230.8.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. This proposal has been reviewed by the appropriate referral
agencies and it has been determined that the attached Conditions of
Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and county and will address and mitigate
impacts on the surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Phyllis Burkgren, c/o USS South Platte Solar, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR23-0027, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
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1. Prior to recording the map:
A. A Road Maintenance Agreement (Construction) is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes during construction.
B. The applicant shall comply with the referral comments from Colorado Parks
and Wildlife, dated August 4, 2023. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The applicant shall submit an executed Crossing Agreement from Godfrey
Ditch.
D. The applicant shall address the Notice of Inquiry comments from the Town
of LaSalle, dated July 21, 2023. Evidence of such shall be submitted, in
writing, to the Department of Planning Services.
E. The applicant shall acknowledge the advisory referral comments from the
Weld County Oil and Gas Energy Department, dated June 29, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall submit the Interconnection Agreement.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0027.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two [2], per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
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County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
8) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
11) County Road 394 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) The applicant shall show and label an approvable access point onto
County Road 394 and the usage type(s) (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Development Review will
review the access location as a part of the plan submittal. The
applicant must obtain an Access Permit in the approved location,
prior to construction.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
2. 1 Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
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County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date the administrative review was
signed, a $50.00 recording continuance fee shall be added for each additional
three (3) -month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved tracking control shall be constructed prior to on -site
construction.
C. An Access Permit shall be obtained prior to on -site construction.
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
E. If there is any disturbance/construction in the floodplain a Floodplain
Development Permit is required.
6. Prior to Operation:
A. The site shall not contain more than two (2) cargo containers.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of December, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: V.,„2.16,)
_,a2.1% J C( ado;,,A
Weld County Clerk to the Board
)reiOra-
Deputy Clerk to the Board
APP: DA
ounty A ' omey
IZ`U
Date of signature.
Z3
Mike ==man, Chair
Pro-Tem
Perry L. B
K. James
on Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PHYLLIS BURKGREN,
C/O USS SOUTH PLATTE SOLAR,,LLC
USR23-0027
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0027, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet
in height, measured from the highest grade below each solar panel, to the highest extent
of the solar panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as
amended.
7. Glare. A 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, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
8. Setbacks. The Improved Ares of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to and approved by the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, as detailed in their accepted Dust Mitigation Plan, per
Section 23 4-1030.C.4 of the Weld County Code, as amended.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
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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, per Section 23-4-1030.C.5 of the Weld County Code, as amended.
11. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
12. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of this Code. Ground -mounted solar collector systems shall be exempt from
impervious surface calculations if the soil under the collectors is designated hydrologic A
or B soil groups, by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
13. Access Permit. Prior to construction of the SEF the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Planning, pursuant to
the provisions of Chapter 8, Article XIV of the Weld County Code, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
14. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems, on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter bf credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning/reclamation activities within 90 days
of tha Board of County Commissioners' order or Resolution directing decommissioning
and reclamation.
16. The site) shall be maintained in accordance with the accepted Property Maintenance Plan.
17. The site shall be maintained in accordance with the accepted Lighting Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. Landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and any required
plantings that become diseased, infested or otherwise unhealthy, shall be replaced within
the growing season, or next calendar year, whichever occurs sooner.
20. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and It, of the Weld County Code.
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21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
23. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
24. Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for a 'preliminarily approved" access location as shown on
this plan.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. Weld County is not responsible for the maintenance of on -site drainage related features.
27. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
28. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
29. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
30. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction and operation of the facility.
31. 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.
32. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
33. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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35. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Maps #08123C -1726F, dated September 17,
202d (South Platte River). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements, as described in Rules
and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
36. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
37. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
38. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code,1 Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020
National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans, bearing the
wet stamp of a Colorado registered architect or engineer, must be submitted for review.
A Gedtechnical Engineering Report, performed by a Colorado registered engineer, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
39. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
40. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
41. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
42. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
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with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
43. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
44. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
45. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years front the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
46. A Use by Special Review shall terminate when the use is discontinued fora period of three
(3) consecutive years, the use of the land changes or the time period established by the
Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
47. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
48. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
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waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
49. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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