HomeMy WebLinkAbout20250123.tiffResolution
Approve Decommissioning Plan and Accept Collateral for Use by Special Review
Permit, USR24-0006, for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District — Pivot Solar 46, LLC, and
Pivot Solar 47, 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 June 19, 2024, the Board of County Commissioners approved the
application of Cynthia Kennedy, 28339 County Road 44, Kersey, Colorado 80644,
do Pivot Solar 46, LLC, and Pivot Solar 47, LLC, 1601 Wewatta Street, Suite #700,
Denver, Colorado 80202, for a Use by Special Review Permit, USR24-0006, 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:
Lot B of Recorded Exemption, RECX14-0002;
being part of the S1/2 SW1/4 of Section 14,
Township 4 North, Range 64 West of the 6th
P.M., Weld County, Colorado
Whereas, pursuant to Condition of Approval #5.A of the Resolution of USR24-0006,
Pivot Solar 46, LLC, and Pivot Solar 47, LLC, has presented the Board with a
Decommissioning Plan for said USR, and requests the Board accept Decommissioning
Bond #CMS0354344, and Decommissioning Bond #CMS0354345, respectively, insured
through RLI Insurance Company, 9025 North Lindbergh Drive, Peoria, Illinois 61615,
each in the amount of $112,500.00, 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 #CMS0354344, and Decommissioning Bond #CMS0354345,
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 USR24-0006.
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 #CMS0354344, and Decommissioning Bond #CMS0354345, insured through
RLI Insurance Company, 9025 North Lindbergh Drive, Peoria, Illinois 61615, each in the
amount of $112,500.00, guaranteeing maintenance, replacement, removal, relocation,
and/or reclamation of said solar energy facility, as permitted and operated under
USR24-0006, be, and hereby is, approved and accepted.
5007491 Pages: 1 of 2
01/24/2025 10:32 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
NIVA Nail II
CC : PL CoE/rtw / DA/a rM /KR/DA )
O2/:/25
2025-0123
PL2915
Decommissioning Plan and Accept Collateral (USR24-0006) — Pivot Solar 46, LLC, and
Pivot Solar 47, 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
5007491 01/24/2025 10:32 APages:
M R Fee:$0.00
and
Kfl; MIMI:4,4 Hi 11111
2025-0123
PL2915
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE Surety Bonds for a Solar Energy Facility (USR24-0006)
DEPARTMENT: Planning Services DATE: 10/02/2024
PERSON REQUESTING: Diana Aungst
Brief description of the problem/issue:
Pivot Solar 46, LLC and Pivot Solar 47, LLC have submitted Surety Bonds for the Board of County
Commissioner's consideration. There are two Surety Bonds; one for each section. The applicant submitted the
decommissioning and reclamation plan for USR24-0006 Solar Energy Facility. USR24-0006 was conditionally
approved by the Board of County Commissioners on June 19, 2024. The Decommissioning Surety Bonds
(#CMS0354344 and #CMS0354345) meet the intent of Condition of Approval #5.A of the resolution. The
Surety Bonds meet the requirements of Section 23-4-1030.6.4 of the Weld County Code.
What options exist for the Board?
1. Do not approve the Surety Bonds.
2. Approve the Surety Bonds.
Consequences: Consequence of not approving/accepting the surety - the County won't have collateral
in the event that the operator fails to follow through with reclamation. Taxpayers will be on the hook to remove
solar equipment and reclaim the property.
Impacts: Unknown
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Unknown
Recommendation:
Staff recommends that the Board approve the Surety Bonds because they meet the requirements of Section
23-4-1030.B.4 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan.
If the surety bonds are approved by the Board of County Commissioners it will satisfy Condition of Approval
#5.A. of the resolution.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
-1;0
2025-0123
1/$
PL29/5
t
et Pivot
Energy
USR24-0006 -PS46 and PS47
Pivot Energy Inc. — Decommissioning Plan
Weld County requires that Pivot Solar 46 LLC and Pivot Solar 47 LLC, c/o Pivot Energy Inc., ("Pivot") submit a
Decommissioning plan to the Department of Planning Services as part of the final administrative review and
approval process for a Solar Generation facility. Our estimate of the decommissioning costs is $22,500 per MW,
that will total approximately $225,000 for this project.
The useful life of the soar facility is expected to be at least 20 -years. At the end of the project's useful life, Pivot
will suspend operations and decommission the plant, which will include any necessary demolition, removal of
above and below ground equipment, and site reclamation efforts. Pivot's obligation under the Solar Lease
Agreement is to return the site to the landowner in substantially the same condition that the property was in prior
to the improvements being made.
This document establishes a detailed plan for decommissioning and reclamation activities once the project
reaches the end of its useful life. The proposed activities will likely need to be refined throughout the project's
life to reflect future best practices of the solar industry.
Pivot has assumed the planning process will be initiated one to two years prior to the anticipated end of
commercial operation. The final plans will be developed in consultation with Weld County and any other
applicable agencies that have jurisdiction of activities in the decommissioning process.
1. Decommissioning Project Elements and Milestones
The key tasks of project decommissioning are divided into related activities that represent milestones in the
process. Each activity is described in further detail below. The decommissioning schedule reflects the conceptual
timing of the milestones and overall process.
The individual project components to be decommissioned will either be 1) recycled or reused to the maximum
extent practicable, or 2) removed from the site and disposed of at an appropriately licensed disposal facility. The
general decommissioning approach will be the same whether a portion of, or the entire Project is
decommissioned.
The activities involved is the facility closure will depend on the expected future use of the site. Certain facility
equipment and features may be left in place at the property owner's request, such as transmission facilities, roads,
and drainage features. �t the time of decommissioning, a plan will be submitted to the County proposing the
equipment that will be removed and, if applicable, equipment that will remain, based on expected future use of
the site.
Pre -closure activities include final closure and reclamation planning, which identifies measures to be taken to
restore the site to near pre -construction conditions. This includes but is not limited to the following:
Complete an analysis of the project materials and their composition to identify those specific components
that may be recycled, re -used, scrapped, or sent to disposal sites; as well as identifying specific recycling
facilities and disposal sites for materials.
Coordinate with local officials to obtain permits and develop plans for the transportation of materials and
equipment to and from the site.
Develop specifications for demolition and reclamation, which will serve as the basis for contractor bids for
decommissioning the project and establish the scope of demolition and reclamation, including developing
reclamation plans in compliance with local, state, and federal regulations.
pivotenergy.net
Pivot
Energy
Pivot Energy Inc. — Decommissioning Plan
During the planning process Pivot will brief the County and other applicable agencies on the
decommissioning process and plans. All necessary permits and approvals required for the decommissioning will
be obtained prior to commencing operations.
The first step in the decommissioning process will be assessing existing site conditions and preparing the site for
demolition. Site decommissioning and equipment removal is expected to take up to one year. Therefore, access
roads, fencing, some electrical power, and other facilities will temporarily remain in place for use by the
decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage
areas pending final transportation and disposal and/or recycling according to the procedures listed below.
A plan will be implemented for de -energizing portions of the facility to allow safe decommissioning and formal
lock out and tag out procedures. This will ensure all electrical components are placed and maintained in a safe
condition for demolition activities prior to the start of work.
PV Module and Tracker Removal and Recyding
During decommissioning, project components that are no longer needed will be removed from the site and
recycled, reused or disposed of at an appropriately licensed disposal facility. The first operation is to disconnect
and remove modules from the tracker assemblies.
Next, the tracker and mounting structures, DC wiring materials, and combiner boxes will all be assembled and
segregated for disposal or salvage. Steel piles that support the PV racking system will be removed and either re-
used or recycled to the maximum amount possible. Below ground portions of the supports will either be removed
or cut off at least two feet below ground surface and left in place.
The demolition debris and removed equipment will be safely removed from the premises and transported to an
appropriately licensed disposal facility or recycling center. Photovoltaic modules will either be re -used, recycled
or disposed of in accordance with applicable laws at the time of decommissioning.
Roads
Onsite access roads will remain in place during the decommissioning process. The roads may remain intact after
decommissioning if the property owner deems them beneficial for the future use of the site. Roads that will not
be used after the solar project's decommissioning will be removed at the end of the process.
Fencing
Project site perimeter fencing will be removed at the end of the decommissioning project, unless it maybe utilized
for future use of the site and the property owner requests the fence remain in place. This includes the removal of
all posts, fencing material, gates, etc. to return the site to pre -project condition.
Transportation and Clean up
During the disassembly and demolition process, materials will be segregated and temporarily placed in gathering
areas for transportation. Various materials including, but not limited to, concrete, steel, aluminum, and copper
will be temporarily stockpiled at or near a designated processing location pending transport to an appropriate
offsite recycling facility. All such materials will then be transported from the site to approved designated facilities
for recycling, scrapping or disposal. All metals will be recycled to the extent practical given the recycling options
available at the time of decommissioning.
pivotenergy.net
t
Pivot
Energy
Pivot Energy Inc. — Decommissioning Plan
In general, the decommissioning will be undertaken using traditional heavy construction equipment including, but
not limited to, front end loaders, cranes, track mounted and rubber -tired excavators, bull dozers, and scrapers.
Areas where excavation is required will be backfilled with natural material and compacted. Any voids left from
the removal of foundations will be backfilled with surrounding subsoil and topsoil and fine graded to ensure
suitable drainage and redamation of natural grades.
Soil management and re -contouring operations will be conducted to minimize the surface area disturbance and
implement the activities in the safest and most efficient manner and in accordance with applicable local
requirements. Major earthwork is not anticipated as construction of the site will not alter the general grade across
the site.
To account for post -decommissioning dust control, areas of exposed soils will be revegetated, consistent with the
expected future use of the site and State or County requirements. The native dry grass vegetation will be re-
established to prevent the spread of weeds. Mulching or palliatives may be used for temporary dust control until
vegetation is established.
Monitoring Site Restoration
Upon completion of the decommissioning process, a one-year restoration monitoring period will begin.
Monitoring will ensure that grading and drainage implemented is successful in stabilizing water flow patterns and
that the cover vegetation (native dry grass vegetation or other depending on land use) will be reestablished to
prevent the spread of weeds. Corrective actions will be implemented if such monitoring determines adverse
conditions are present because of an inadequate restoration.
2. Decommissioning/ Reclamation Cost Estimates
Pivot commits to working together with the County to update the cost estimates every five years from the
establishment and submittal of the security bond. The cost estimates will include all costs associated with the
dismantling, recycling, and safe disposal of facility parts and site reclamation activates and consider the salvage
value of the facility.
Initial cost estim$be (2022):
Fending
$6,750
Structures
$92,250
Modules
$67,500
Electrical
$33,750
Site Restoration
$24,750
Tot
$225,000
The scope includes:
• Electrical permit fees
• Removal and disposal of wildlife -friendly game fence
• Removal of racking and foundations
pivotenergy.net
Pivot
►� Energy
Pivot Energy Inc. — Decommissioning Plan
• Removal of modules
• Removal of electrical equipment (transformers, pads, etc.)
• Removal of electrical DC string wiring and AC underground wiring
• Site restoration and reclamation
• Waste disposal fees
• Temporary restrooms and necessary facilities for workers
• Safety and protection equipment
pivotenergy. net
USR24-0006 - PS 46
Bond No. CMS0354344
DECOMMISSIONING BOND
KNOW ALL BY TI IESE PRI0SENTS: That we, Pivot Solar 46 I,I.C, 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 Ilundred TwelveThousand Five I Iundred and 00/100 Dollars ($112,500.00), 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 TI1E 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 46 I,LC Solar Facility-
Decommissioning Plan, which said agreement, slated June 19, 2024 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 it 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, then 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, Obligec shall deliver to Surety by certified mad, 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 tiineframe required under the
decommissioning issioning 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 Principal 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 tam perform
the Agreement, but such an agreement shall not waive die Obligee's right, if any,
subsequently to declare a Principal Default, and
Bond No. CMS0354344
ii) The Obligee has declared a Principal Default and formally terminated the Principal's
right to complete the Deconutussionang 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 right of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or die heirs, executors, administrators or successors of the
Obligee.
Bond No. CMS0354344
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 not 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
scaled by the Surety, Obligee shall return this bond, certified mail or express currier, to the
Surety at its address at:
RLI Commercial Surety
Attention: Kevin Richards, Director
9025 N. Lindbergh Dr., Peoria, II, 61615
Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and
conditions herein.
IN WI'T'NESS 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 1Y day of August, 2024.
Pivot Solar 46 LLC RI.I Insurance Company
By:
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know Al 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. HohIL Sonia Hernandez. Nathan Wonder_.lackMeikle,MaLeatra English. Nadia Ortega. William Isom 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
hoists and undertakings in an amount not to exceed Twenty Bare Million Dollars
( 125.000.000.00 ) 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 Sr. Vice President with its corporate seal affixed this 18th day of
June 2024 t•�rvl�� s„a�,,i,,,ggLl Insurance Canpaey
' s.Cbstractors Bon irrg and In9ya use: Company
State of Illinois
County of Peoria )}
SS
CERTIFICATE
IrIlIl11111111,,,,
On this ,_Mk_ day of lung 2024 before me, a Notary Public. I, the undersigned officer of MA Insurance Company and/or
ppmnspy Bric Raudms who befog by me duty sworn, Contractors Bonding and [mummy. Company. do hereby certify
admow the he signed the above Power of Attorney m the aforesaid that the attached Power of Attorney is in full fame and ttyxd and is
other of RW Insurance and/or Contractors Bending and irrevocable; and fhnhetmore, that the Resolution of the Company as
Insurance Company and acknowledge said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony
act and deed of said corporation. whaeot I have hereunto set my hand and the seal of the ELI
Insurance Company and/or Contractors Bonding and Insurance
Company this 13th day of August , 2024 .
RLI Insurance Company
Contractors Bonding and Insurance Company
Sr. Vice President
By:
Jill A. Scott
ALA SCOTT
laeary vlesc
Stau of OSNo
sly Ceram, 5.A
Seou mbar 12.1025
Notary Public
050911020211
By: cdiAl
Jeffrey D Corporate Secretary
A00581,19
USR24-0006 - PS 47
and No. CMS0354345
DECOMMISSIONING BOND
KNOW ALL BY THESE PREST- N'l'S: That wc, Pivot Solar 47 I,LL, as Principal, and RUT
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 I Iundred Twelve Thousand Five l Iundred and 00/100 Dollars ($112,500.00), 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 deconuuissioning nth accordance with the Pivot Solar 47 ILL Solar Facility
Decommissioning Plan, which said agreement, dated June 19, 2024 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, then this obligation shall become null and void; otherwise it shall be and remain in
full force and effect.
PROVIDED I IOWEVER, 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 Principal Default and has requested and attempted to arrange a conference with
the Principal and the Surety to be lucid 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 to declare a Principal Default, and
Bond No. CMS0354345
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
in) 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 trill 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 he 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 tins bond.
8. No claim, action, suit or proceeding shall be instituted against this bond unless sane be brought
or instituted and process seined within one year after termination or cancellation of this bond.
9. No right 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. CMS0354345
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 not 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
Attention: 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 Attomey-in-Fact,
this 13`' day of August, 2024.
Pivot Solar 47 L.LC - R1,1 Insurance Company
By:
By:
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 hon. iointly 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
( 525.000900.00 ) 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 Contractor Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective so .�' :.'/�- i K� with its corporate seal affixed this I8th day of
.
June , 2024 -` • • • • • '$),,t Insurance Company
!radon BeaJag and Ian aace Company
State of Illinois
County of Peoria
SS
On this Nth day of hune 2024 _ before me, a Notary Public,
er
ptly Eric Band* who being by me duly swam,
acimowla that he signed the above Power of Attorney ss the aforesaid
officer of RLI Insurance Company and/or Contractors Bonding sad
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By:
Notary Public
O 89911020212
Sr. Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Cootroeton Banding and insurance Company, do hereby certify
that the attashed Power of Attorney is in full Ante and effect and is
irrevocable; and fuethermore, that the Resolution of the Composy 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 ALI
Insurance Company and/or Contractors Bonding and Insurance
Company this 13th day of kraut , 2024 .
RLI Insurance Company
Contractors Bonding and Insurance Company
By: 0 3►'Gk.
Jeffrey
Corporate Secretary
A0058D19
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0006, FOR SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC, AND
PIVOT SOLAR 47, 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 19th day of
June, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cynthia Kennedy, 28339 County Road 44, Kersey, Colorado 80644,
c/o Pivot Solar 46, LLC, and Pivot Solar 47, LLC, 1601 Wewatta Street, Suite #700, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0006, for 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 a follows'
Lot B of Recorded Exemption, RECX14-0002;
being part of the S1/2 SW1/4 of Section 14,
Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Kyle Sundman,
Pivot Energy, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, 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 df 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 23-2-230.8 of the Weld County Code as follows:
A. Section 23-2-230.8.1 — 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
cc.:PLCOA/mrt►E fOA), ASRCSG),CACKrn), 5
24-155
APPL, APPL REP 20PL255
o1/tglsy
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 48, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 2
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on this
plan ` [Comprehensive Plan] shall be consistent and promote
financially responsible growth. "This Solar Energy Facility (SEF) will
provide construction jobs initially and energy generation to Weld
County, functions 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 two (2) residences less than 50 feet from the
SEFs, one (1) of which is owned by the property owner. The
applicant has stated if they are unable to acquire a waiver from the
other surrounding property owner (SPO) that they will provide an
option to decrease visual impacts, such as opaque fencing,
landscaping features, or an agreed upon mitigation measure. It is a
Condition of Approval that the applicant provide a waiver from the
SPO or opaque landscaping and screening.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — 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 21-8, or being more than five (5)
acres, but less than 320 acres, in the Agricultural/Rural Area, as
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 3
shown on Appendix 21-B." This Code section allows the applicant
to apply for the subject SEF, 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 appurtenant structures
and/or facilities." The SEF will encumber approximately 65 acres
and qualifies as a SEF USR.
Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are six (6) properties zoned
A (Agricultural) that surround the subject site. The adjacent land uses
include agriculture, residential and the Box Elder Substation. The
application materials state the solar panels will be placed in such a manner
to allow for expansion of the Box Elder Substation. There are two (2)
residences within 500 feet of the SEF. One (1) of these residences is
owned by the applicant and the other residence is owned by a property
owner who submitted the letter of objection. In the Landscaping and
Screening narrative the applicant acknowledges there is a residence within
500 feet of the SEF, just south of County Road 44, and stated that Pivot's
intention is to screen the SEF from this residence with opaque screening,
in the form of fencing, landscaping features, or an agreed upon mitigation
measure. The Weld County Code requires a waiver or opaque landscaping.
There are two (2) USRs within one (1) mile of the site: SUP -182 (USR-182),
for a feedlot; and USR12-0052, for a non -1041 major facility of a public
utility for one (1) greater than 10 -inch crude oil pipeline.
The Weld County Department of Planning Services sent notice to five (5)
SPOs within 500 feet of the proposed USR boundary. One (1) letter of
objection was received that outlined concerns about removing irrigated
farmland from agricultural production and stated that the location of the
solar facility may interfere with the ability to see on -coming traffic when
pulling out. The Weld County Department of Public Works did a site visit
and did not identify any problem with the intersection.
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 23-2-230.8.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 4
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities.
The site is not located within a three (3) mile referral area of any
municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) area of a municipality.
E. Section 23-2-230.8.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within the A -P (Airport) Overlay District,
the I-25 Overlay District, a Geologic Hazard Overlay District, the MS4 —
Municipal Separate Storm Sewer System area, Historic Townsite 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 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 66 acres of soils
designated as "Prime Farmland if irrigated,' with 58 acres consisting of low
slope Dacono Clay Loam and 8 acres consisting of low slope Nunn Clay
Loam soils, per the USDA Natural Resources Conservation Service
(NRCS) Custom Soil Report. The proposed use of the property for a SEF
will not remove topsoil from the property. After the life of the SEF the land
may be returned to historic uses.
The applicant submitted an email dated April 12, 2024, which stated Pivot
plans to invest in robust agrivoltaics on this site. They will incorporate
agrivoltaics by using sheep, bees, and possibly other grazing animals to
graze the sites in a regeneratively prescribed manner. This method
enriches the soil beneath the panels, provides farmers and ranchers with
new sources of income, creates pollinator habitat, increases biodiversity,
and provides the hosting communities with long-term environmental,
economic, and educational benefits, such as:
1) Educational opportunities and site tours for local schools,
universities, colleges, and community organizations.
2) Symbiotic partnerships between solar and animal farms.
3) Soil health restoration through sustainable seeding and land
practices.
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 5
The emails also indicated Pivot understands the importance of agriculture
in this area and is excited to develop a solar project while maintaining
agricultural integrity on this parcel. Additionally, per an email on April 17,
2024, the applicant stated they are currently working on figuring out the
current irrigation system on the property to aid in their agrivoltaics goal.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
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 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 Cynthia Kennedy, c/o Pivot Solar 46, LLC, and
Pivot Solar 47, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0006, for 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:
Prior to recording the map:
A. A Road Maintenance Agreement is required at this location during
construction. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes during construction.
B. The applicant shall address the comments from the Colorado Parks and
Wildlife, as stated in the referral response dated February 16, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit a Landscape and Screening Plan or screening
waivers from residents within 500 feet. The Landscape and Screening Plan
shall be submitted to, and accepted by, the Department of Planning
Services and shall screen the site from the surrounding property owners.
D. The applicant shall acknowledge the comments from the Weld County Oil
and Gas Energy Department, as stated in the referral response dated
February 7, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall submit an Interconnection Agreement.
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) -CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 6
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0006.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.0 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
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 23-2-250.0 of the Weld
County Code for design criteria.
6) 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 57 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 7
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) County Road 44 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the proposed commercial
access locations to include access width and turning radii on the
site plan. The applicant must obtain an Access Permit(s) in the
approved location(s) prior to construction. Development Review will
review the proposed access locations during the review of the site
plan.
14) The applicant shall show and label the drainage flow arrows.
15) 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. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date the administrative review was
signed, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
2024-1555
PL2915
SPECIAL REVIEW PERMIT (USR24-0006) - CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
PAGE 8
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 23-4-1030.8.4 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 access shall be permitted and constructed, and tracking
control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
D. The applicant shall submit, and receive approval of, a Floodplain
Development Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2024.
ATTEST: J C( ..444:6k
Weld County Clerk to the Board
BY: VWIO /►!.WG tvJ)c
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COU
K
2024-1555
PL2915
Perry L. BB jPro-Tem
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
USR24-0006
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0006, 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 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 Area 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 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
collection circuits between rows of solar arrays that are no more than four (4) feet above
2024-1555
PL2915
DEVELOPMENT STANDARDS (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46,
LLC, AND PIVOT SOLAR 47, LLC
PAGE 2
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 the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups, by the Natural Resources Conservation Service (NRCS),
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, 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 of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning/redamation activities within 90 days
of the Board of County Commissioners' order or Resolution directing
decommissioning/reclamation.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
18. 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 the replacement
of any required plantings that become diseased, infested, or otherwise unhealthy, within
the growing season or next calendar year, whichever occurs sooner.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
2024-1555
P12915
DEVELOPMENT STANDARDS (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46,
LLC, AND PIVOT SOLAR 47, LLC
PAGE 3
21. 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.
22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. 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.
26. 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.
27. 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.
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
29. 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 horn public view, and removed when construction is completed.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
31. 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 -1775E, dated January 20, 2016
(Box Elder Creek). 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.
32. FEM4'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.
2024-1555
PL2915
DEVELOPMENT STANDARDS (USR24-0006) - CYNTHIA KENNEDY, CIO PIVOT SOLAR 46,
LLC, AND PIVOT SOLAR 47, LLC
PAGE 4
33. 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.
34. 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. 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 Codes, 2018 International Energy Conservation Code,
and 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 Geotechnical 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.
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. All buildings shall comply with the setback from oil and gas welts, per Section 23-4-700,
as amended.
38. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
39. 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.
40. 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.
2024-1555
PL2915
DEVELOPMENT STANDARDS (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46,
LLC, AND pIVOT SOLAR 47, LLC
PAGE 5
41. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
42. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
43. 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.
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. 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.
45. 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.
2024-1555
PL2915
Hello