HomeMy WebLinkAbout20250560.tiffResolution
Approve Release of Collateral and Accept Replacement Collateral for Zoning
Permit for Solar Energy Facility, ZPSF21-0002, Less Than Five (5) Acres (5 Acre
SEF) - SunShare, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on November 16, 2021, the Department of Planning Services approved the
application of SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Zoning
Permit for Solar Energy Facility, ZPSF21-0002, less than five (5) acres (5 Acre SEF), on
the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 22, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
Whereas, the owner of the property is Lofland Farm, LLC, 8801 West 41st Avenue West,
Wheatridge, Colorado 80033, and
Whereas, on January 19, 2022, pursuant to certain Conditions of Approval, the Board
accepted a Decommissioning and Reclamation Plan, to include collateral in the form of
Surety Bond #SU1172324, issued by Arch Insurance Company, Harborside 3,
210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of
$13,800.00, and
Whereas, staff from the Weld County Department of Planning Services received a letter
from SunShare, LLC, requesting that the Board of County Commissioners release the
currently held collateral for ZPSF21-0002, in the amount of $13,800.00, procured in the
form of Surety Bond #SU1172324, issued by Arch Insurance Company, and
Whereas, the Board has been presented with replacement collateral in the form of
Surety Bond #800137722, issued by Atlantic Specialty Insurance Company,
305 Highway 169 North, Suite 800, Plymouth, Minnesota 55441, in the amount of
$13,800.00, and
Whereas, after review, the Board deems it advisable to accept said Surety Bond
#800137722, as stated above, a copy of which is attached hereto and incorporated herein
by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the currently held collateral for ZPSF21-0002, in the amount of $13,800.00,
procured in the form of Surety Bond #SU1172324, issued by Arch Insurance Company,
be released, and that replacement collateral in the form of Surety Bond #800137722,
issued by Atlantic Specialty Insurance Company, 305 Highway 169 North, Suite 800,
Plymouth, Minnesota 55441, in the amount of $13,800.00, be, and hereby is, accepted.
5014770 Pages: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII 1.I1VitAlliqi 11111
GG'.QL(AE/MN/DA/T-rt- /UA)
o3/it/25
2025-0560
PL2520
Release of Collateral and Accept Replacement Collateral (ZPSF21-0002) - SunShare,
LLC
Page 2
Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed
to return said currently held collateral to the appropriate issuing party.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 26th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-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
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03/06/2025 10:13 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII kir.1041145 Iiit Allrl'a«l K 14 hit DiIiii 111111
2025-0560
PL2520
MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst, Principal Planner
Subject: ZPSF21-0002 Acceptance of a replacement security bond
Date: February 26, 2025
Case Number: ZPSF21-0002
Applicant: SunShare LLC c/o Jake Bobrow
Owner: Lofland Farm LLC c/o Kevin Lofland
Legal Description: A part of the SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Rd 54, west of and adjacent to County Rd 15
Zoning: A (Agricultural) Zone District Parcel #: 0961-22-0-00-025
Parcel Size: ± 111 acres
Lease Area: ± 3.83 acres
Summary:
Sunshare, LLC, has submitted a request to release the currently held Surety Bond for the decommissioning
and reclamation plan for ZPSF21-0002 Solar Energy facility, and accept a replacement Surety Bond for the
decommissioning and reclamation of ZPSF21-0002 Solar Energy Facility. ZPSF21-0002 conditionally
approved by the Planning Staff on November 16, 2021. The applicant is requesting to replace the existing
Surety Bond (#SU1172324) from Arch Insurance Company in the amount of $13,800.00, that was accepted
by the Board of County Commissioners on January 19, 2022, with the new Surety Bond (#800137722) from
Atlantic Specialty Insurance Company in the amount of $13,800.00. This new Surety Bond will comply with
Condition of Approval #3.C. of the staff report.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it complies with Section 23-4-455.D.7.
of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the
surety bond is approved by the Board of County Commissioners, it will continue to satisfy Condition of
Approval #3.C. of the ZPSF Staff Report.
2025-0560
Z/ZCo pp252O
THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
1555 N 17TH AVE
GREELEY, CO 80631
Please find included original bond documents for SunShare, LLC - Bond Number 800137722
Surety Bond No. 800137722 is attached to ZPSF Permit Stewart Solar, Case # ZPSF21-0002, submitted
by applicant SunShare, LLC.
***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172324***
Upon reception, please release the original bond (SU 1172324) and replace it with Bond # 800137722.
If it is Weld County policy to return cancelled bonds, the SU 1172324 document can be sent back to the
SunShare, LLC office at 1724 N. Gilpin St, Denver, CO 80218 and we will return the cancelled bond to our
insurer.
THANK YOU,
SUNSHARE, LLC
C/O STEWART SOLAR
1§P§Op, L A R
1724 Gilpin Street, Denver, CO 80218 • bscott@mysunshare.com • MYSUNSHARE.COM
***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172324***
SURETY BOND
BOND NUMBER 800137722
KNOW ALL MEN BY THESE PRESENTS, that SunShare. LLC, as Principal, and
Atlantic Snecialtv Insurance Comnanv, a corporation duly organized under the laws of the State
of Ohio, as Surety, are held and firmly bound unto The Board of County Commissioners of Weld
County, as Obligee in the sum of $13.800.00 lawful money of the United States, for payment of
which, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety
being limited to the penal sum of this bond regardless of the number of years the bond is in effect.
WHEREAS, the Principal has submitted a decommissioning plan to Obligee requiring the eventual
removal and reclamation of a solar energy facility comprised of solar energy collection cells/
panels and related facilities necessary to harness sunlight for energy generation and distribution
and associated support structure, braces, racking, wiring and related interconnection equipment
which plan is a condition of approval of land use permit 7,PSF21-0002 and which is hereby
specifically referred to and made part hereof as Exhibit A ("Permit"), and
WHEREAS, Weld County requires the submission of a bond guaranteeing the
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility
located at
A part of the SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to County Rd 54, west of and adjacent to County Rd 15
and as further detailed in the revised Decommissioning Plan, attached as Exhibit B.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid Permit and indemnify the Obligee against all loss
caused by P 1 • incipal's breach of any ordinance, permit obligation, or agreement relating to
maintenance, replacement, removal, relocation, and/or reclamation of the facility, then this
obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth
below.
Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite
period of 11/23/2024 to 11/23/2025
THIS BOND shall automatically renew for successive one-year terms unless, at least ninety (90)
days prior to the next annual renewal date (which shall be December 31 of each calendar year), the
Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to
Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond.
Written notice is effective if delivered to, or sent by certified mail, postage prepaid, and
deposited in the
U.S. Mail, at least ninety (90) days prior to the next annual renewal date addressed to the Principal
or Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section
of this Bond, and is actually received by the Principal or Surety, as the case may be, and the
Obligee at least thi 1 iy (30) days prior to the renewal date. The Surety's decision to cancel,
along with the failure or inability of the Principal to file a replacement bond or other security in the
event the Surety exercises its right to cancel this Bond, shall be cause for Obligee to recover under
this Bond or any extension thereof
***This bond replaces and supersedes Arch Insurance Company Bond No. SU 1172324***
NOTICE:
Principal:
,SunShare. LLC
1724 Gilpin Street
Denver. CO 80218
Surety:
Atlantic Specialty Insurance Company
305 Highway 169 North, Suite 800
Plymouth. MN 55441
Obligee:
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley. CO 80631
THIS BOND is signed, sealed, dated on the 5th day of December, 2024.
This bond is effective the 23' day of November, 2024.
SunShare, LLC
By:
�� td A s3kf• Ots ..c:
Atlantic Specialty Insurance Company
Joh L. ohlt, Attorney -in -Fact
Exhibit A C�
To be attached to and made a part of bond 800137722
ZONING PERMIT FOR SOLAR ENERGY FACILITY
ADMINISTRATIVE REVIEW
Planner: Angela Snyder
Case Number: ZPSF21-0002
Applicant SunShare LLC c/o Jake Bobrow
Owner: Lofland Farm LLC c/o Kevin Lofland
Request Zoning Permit for Solar Energy Facility (± 3.83 acres)
Legal Description: A part of the SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Rd 54, west of and adjacent to County Rd 15
Zoning:
Parcel Size:
Lease Area:
Case Summary
A (Agricultural) Zone District
± 111 acres
± 3.83 acres
Parcel #: 0961-22-0-00-025
Latitude: 40.37775 N
Longitude: -104.64517 W
The applicant, SunShare LLC, is proposing a solar energy facility that is less than five (5) acres in size (5
ACRE SEF). The site is located adjacent to and shares an access easement with a PDC Energy LLC oil
and gas production facility, Walton 8-25, 17-25, & 17-25, with three well pads (WOGLA17-0018, WOGLA19-
0054, and 1041WOGLA-AMD20-0033) that was permitted under Access Permit #AP13-00042. The 480
kW -AC (597.6 kW -DC) facility will employ single access trackers which will be no more than ten (10) feet
tall at full tilt. The contract with Public Service Company of Colorado is for twenty (20) years initially, with
the option to extend. The useful life of the equipment is expected to be between thirty-five (35) and forty
(40) years. The facility will be surrounded by an eight -foot (8 ft) game fence, except on the east side of the
property, where a six-foot (6 ft) privacy fence will screen the facility from adjacent residences. Property
maintenance is expected to occur quarterly. In addition to the County's notice and referral effort, the
applicant reached out to surrounding property owners and other interested parties, such as easement
holders including the Union Ditch Company and PDC Energy LLC. Only one objection was received from
a surrounding property owner and none from any referral agencies.
Augroved with Conditions
1. The Weld County Department of Planning Services has determined through an administrative review
that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code
have been met and the request is approved with conditions.
A. The application is in compliance with the standards identified for Solar Energy Facilities Less
than Five (5) Acres (5 ACRE SEF).
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code.
Page 1 of 4
The City of Greeley indicated no concern with the project in the August 23, 2021 referral response.
The City of Evans returned a referral response in opposition to the location of the solar facility for
noncompliance with the Comprehensive Plan. The site is planned for Urban Residential uses
according to the 20210 Future Land Use Map according to the August 13, 2021 response. The
response also indicated a desire for a Road Maintenance Agreement for use of City of Evans roads.
The applicant responded on September 20, 2021 by redesigning the haul route for construction
traffic to avoid municipal roads.
There is a residence within five hundred (500) feet on the east side of the proposed facility. The
applicant has proposed an opaque fence on the east side of the site, which is an acceptable buffer
according to Section 23-4-455.F.3 of the Weld County Code.
B. The Department of Planning Services has sent notice and has not received signed notification from
at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days.
Notice was sent to the owners of eighteen (18) surrounding properties and received two (2)
responses. One (1) response indicated no concern with the request and indicated appreciation for
the notice. One (1) response indicated objection to the project and stated the reason as support
for oil and gas. One (1) letter of objection was received from a member of the public expressing
support of the oil and gas industry, frustration with the upkeep of the subject site, and opposition to
the financial gain that would occur as a result of the permit.
2. Prior to construction, building permits shall be obtained for the 5 ACRE SEF and must comply with all
installation standards of Chapter 29 of the Weld County Code.
3. Prior to the release of building permits, the applicant shall:
A. Submit a grading permit application and obtain a grading permit.
B. Apply for and obtain an approved Access Permit for the preliminarily approved access location
(AP13-00042), pursuant to the provisions of Article XIV of Chapter 8 of the Weld County Code.
C. Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but
not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County,
or other securities, if it finds that such alternative forms will provide an assurance of the availability
of financial resources for decommissioning/reclamation that equals or exceeds that provided by the
form required herein. The method and object of Security shall be approved by the Weld County
Attorney. The Security shall:
1) Name the Board of County Commissioners of Weld County as the sole beneficiary of
the letter of credit;
2) Be issued by an A -rated financial institution based upon a rating provided by S&P,
Moody's, Fitch, AM Best, or other rating agency with similar credentials;
3) Include an automatic extension provision or "evergreen clause"; and
4) Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of
the 5 ACRE SEF operator.
4. The following development standards must be met at all times throughout the existence of the 5 ACRE
SEF:
1) The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size.
ZPSF21-0002 Page 2 of 4
2) No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) SunShare, LLC accepts responsibility to decommission the site when the facility is deemed
obsolete in accordance with the accepted Decommissioning and Reclamation Plan.
5) Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation.
6) Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at any time of
the day.
7) Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least five hundred (500) feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver
or informed consent signed by the residence owner agreeing to the lesser setback.
8) Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan.
9) Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary).
10) Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services. Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
11) Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report.
12) Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
13) Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code shall be held for the life of the project. The letter shall name the Board of County
Commissioners of Weld County as the sole beneficiary; be issued by an A -rated financial institution
based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar
credentials; include an automatic extension provision or "evergreen clause;" and be "bankruptcy
remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator.
14) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
Page 3 of 4
15) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way.
16) Access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or offsite tracking.
17) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement.
18) The historical flow patterns and runoff amounts will be maintained on the site.
19) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
20) No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.
21) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
22) Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
23) 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.
24) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
Angela Snyder, Planner II
ZPSF21-0002 Page 4 of 4
Date: November 16, 2021
Exhibit B
To be attached to and made a part of bond 800137722 ur
Decommissioning/Reclamation
Plan
For a ZPSF Permit
Stewart Solar
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number: ZPSF Permit
Lofland Farm Limited Liability Company (Parcel ID No. 096122000025)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
Denver, Colorado
,SunShare
C O M M U M! T Y f O l � A
Date Prepared: July, 2021
Lo Overview
As a condition of approval for the Site -Specific Development Plan and Use by Special Review
Permit, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for
the solar facility, that is to be reviewed and approved by the Weld County Department of
Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a
comprehensive plan for removal of the solar facility after its useful life and/or the termination of
power generation operations; and to return the subject property to conditions that existed prior
to the solar facility's construction.
The solar power generation facility has an estimated useful life of 3o years or more, with an
opportunity for a life of so years or more with equipment replacement and repowering. At the
end of the useful life of the facility, SunShare will cease power generation, decommission the
facility, and remove the components of the facility from the subject property. The site will be
reclaimed and returned to the agricultural use that existed prior to the facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry, during the life of this facility. SunShare
will follow solar industry standards and best management practices (BMPs) that exist at the time
of decommissioning and reclamation of the site.
1.1 Procedures for Decommissioning the Solar Facility
After Useful Life & Termination of Power Generation
The solar facility consists of numerous recyclable materials, including glass, semiconductor
material, steel, aluminum, copper, and plastics. When the facility reaches the end of its
operational life, the component parts can be dismantled, and for the most part, salvaged or
recycled at properly licensed facilities.
Some site features, such as internal roads, driveways, drainage features/improvements, and
electrical interconnections may remain on the site, depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site, will be approved by the Weld County Department of Planning
Services.
Page 2 of 6
The following steps will be followed in the decommissioning of the solar facility:
Approximately one year prior to the planned decommissioning of the facility, SunShare
will schedule a pre -closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration. The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process. Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
Appropriate temporary (construction -related) erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
Effectively, the decommissioning of the solar facility proceeds in reverse order of the
installation:
3.. A site -specific health and safety plan shall be developed, prior to beginning
decommissioning activities, which incorporates the specific sequence and
procedures to be followed.
2. Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site.
3. The solar facility shall be disconnected from the utility grid. This process will be
coordinated with Xcel Energy.
4. PV modules shall be disconnected, collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off -site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off -site at an approved recycling facility.
Page 3 of 6
7. PV module support steel and support posts shall be removed and salvaged or
recycled off -site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials, inverters, and batteries, shall be removed and salvaged or recycled
off -site at an approved recycling facility.
9. Concrete foundations shall be removed and will be recycled off -site at an
approved concrete recycling facility.
io. Fencing shall be removed and will be recycled off -site at an approved recycling
facility.
xi. The site will be restored to its original condition, including any necessary
sculpting of soils to match existing natural contours and the re -seeding of
native grasses. Any soil that had been re -located for construction purposes will
be redistributed on the site or used for landscaping purposes. Soils will be
compacted for those areas where foundations or piers have been removed.
1.2
Equipment to be Used for the Decommissioning of
the Solar Facility
The decommissioning of the solar facility will be undertaken using traditional heavy
construction equipment, including front-end loaders, bull dozers, cranes, excavators (track -
mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to
transport materials to off -site salvage or recycle centers.
1.3 Dust Mitigation During the Decommissioning Phase
Water tankers will be used to help control dust while the decommissioning activities are
occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs
to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control
efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods
of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking
devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles
Page 4 of 6
operating on the site during the decommissioning phase will limit their speed to 15 mph or less,
to minimize dust emissions.
1.4 Decommissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from
the establishment and submittal of the Security, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation
activities, including the following elements:
Decommissioning:
Fencing
Structures
Modules
Electrical
Site Restoration
$300.00
$6,000.00
$3,000.00
$2,000.00
$2,500.00
Total
Clarifications — Inclusions and Exclusions
$13,800.00
1. Based on project drawings provided.
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel, aluminum, modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal, package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
Page 5 of 6
9. Waste disposal fees and containers.
10. Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering, fees, errors, omissions additional
design intent not clearly delivered or identified
on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated , 2021, the Board
requires SunShare, LLC to provide financial assurance to the County in the form of a surety bond,
in an amount established by the Director of the Department of Planning Services, to ensure
proper decommissioning of the facility. The surety bond is to name the Board of County
Commissioners of Weld County as beneficiary and be current and active at all time during the
life of the permit. The required surety bond will be provided as part of this
Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for
decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (9o) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation.
Prepared by:
Richard L. Miller, AICP
Development Manager
Page 6 of 6
Site Plan
8 PERIMETER - -
GAME FENCE
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INSURANCE a `OSfW,7Ed Z' A0rEe.?
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Jack Meikle, John L. Hohlt, Nathan Wonder, Senia Hernandez, each individually if there be more than one named, its
true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of
such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company
as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the
following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,.
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the sea! of the Company
to be affixed this first day of January, 2023.
By
STATE OF MINNESOTA
HENNEPIN COUNTY
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON D. NASH-TROUT
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2030
,„Atdid-
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 5th
This Power of Attorney expires
January 31, 2030
day of December 2024,
.�•••P�,t V I N 3V9•,,,,
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1986 0`
Kara L.B. Barrow, Secretary
Please direct bond verifications to surety@intactinsurance.com
Clerk to the Board's Office
Phone (970) 400-4225
1150 0 Street
PO Box 758
- Greeley, Colorado 80632
www weld gov
June 4, 2025
Arch Insurance Company
Harborside 3 -
210 Hudson Street, Suite 300
Jersey City, New Jersey 07311-1107
Re Release Surety Bond #SU1172324 -
ZPSF21-0002
SunShare, LLC
To Whom It May Concern
Enclosed -please find the released Surety Bond #SU1172324 and a copy of
the _Board - of 'County Corrimissioner's Resolution, dated February 26, '2025,
authorizing the_release of said Surety Bond, held ,as' warranty collateral in the
amount of $13,800 00for the above referenced case
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld gov L
Respectfully,
c),L%)1., tz,,,I.c,k
Jess Reid
Deputy Clerk to the Board
Enclosure — — -- — — ----
cc Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services,
Max Nader, Department of Planning Services r
Clerk to the Board File PL2520
Page 1 of 1
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CERTIFIED MAIL® RECEIPT
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For delivery information, visit our website at www.usps.con .
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• PS Form 3811, July 2015 PSN 7530-02-000-9053
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Clerk to the Board's Office
Phone (970) 400-4225
1150 O Street
P O Box 758
Greeley, Colorado 80632
www weld gov
, June 4, 2025
SunShare, LLC
1724 Gilpin Street
Denver, Colorado 80218
Re Release Surety Bond #SU1172324 -
ZPSF21-0002
SunShare, LLC
To Whom It May Concern
Enclosed please find copies of the letter to the insurance company, released Surety Bond
#SU1172324, and, a copy of the Board of County Commissioner's Resolution, dated
,, February 26, 2025, authorizing the release, of said Surety Bond, held as warranty
collateral in the amount of $13,800 00 for the above referenced case
,If you have questionsor need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld gov
Respectfully,
Jess Reid ,
Deputy Clerk to the Board
Enclosure
-cc—_Dawn _Anderson,Department_of_ Planning Services
Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2520 -
Page 1 of 1
SURETY BOND
BOND NUMBER SU 1172324
KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC , as
Prmcipal, and Arch Insurance Company , a corporation duly organized under �' e laws of
the State of Ohio, as Surety, are held and firmly bound unto c.m=� �W�a� unh, as Obligee:. the sum of
$13,800.00 lawful money of the United States, for payment which, well
and truly to be made, we bind ourselves, our heirs, executors, admints tors, successors
and assigns, jomtly and severally, firmly by these presents, the liability the Surety being
limited to the penal sum of this bond regardless of the number of years the b .,'" d is in effect
WHEREAS, the Pnncipal has submitted a decommissioning plan to Obl ,_ee requiring the eventual
removal and reclamation of a solar energy facility comprised of so energy collection cells/
panels and related facilities necessary to harness sunlight for energy -neration and distribution and
associated support structure, braces, racking, wiring and related ,-rconnection equipment which
plan is a condition of approval of land use permit ZPSF21-0002 d which is hereby specifically
referred to _ and made part hereof as Exhibit A ("Permit"), and
WHEREAS, Weld County requires the submission of: `: bond guaranteeing the
maintenance, replacement, removal, relocation, and/or r amation of said solar energy facility
located at
A part of the SE4 of Section 22, T5N, R65W of th th P.M., Weld County, CO
North of and adjacent to County Rd 54, west of: nd adjacent to County Rd 15
and as further detailed m the revised Decomtniss ning Plan, attached as'Exhibit B
NOW THEREFORE, the condition of thi -obligation is such, that if the above bounden Principal
shall _perform m accordance with the af,, -= said Permit and indemnify the Obligee against all loss
caused by Principal's breach of any . rdmance, permit obligation, or agreement relating to
maintenance, replacement, removal, .A elocation, and/or reclamation- of the facility, then this
obligation shall be void, otherwise r : remain in full force and effect unless cancelled as set forth
below - 1'
Whereas, the Obligee has ag - ed to accept this Bond, this Bond shall be effective for the definite
period of 11/23/2021 to 11/23/2022
THIS BOND shall auto tically renew for successive one-year terms unless, at least ninety (90)
days priorto the next ual renewal date (which shall be December 31 of each calendar year), the
- Surety -delivers write- notice fo Principal and to Obligee, or Principal" delivers written notice to
Surety and Oblige . 'a at the notice -sender seeks to modify the terms of, or cancel, this bond Written
notice is effectiv- if delivered to, or sent by certified mail, postage prepaid, and deposited in the
U S Mail, at 1= st mnety (90) days prior to the next annual renewal date addressed to the Prmcipal
or Surety, a .-� e case may be, and to the -Obhgee requiring bond, as outlined in the notice section
of this B • -'1, and is actually received by the Principal or Surety, as the case may be, and the
Obligee least thirty (30) days prior to the renewal date The Surety's decision to cancel,
along % th the failure or inability of the Principal to file a replacement bond or other security m the
eve ' the Surety exercises its right to cancel this Bond, shall be cause for Obligee to recover under
Bond or any extension thereof
COLLATERAL
RELEASED NO LONGER REQUIRED
by Board of Weld -County Commissioners
date:_
by: _
621 -y, -as
NOTICE:
Principal
SunShare, LLC
1724 Gilpin Street
- Denver, CO 80218
Surety
Arch Insurance Company
Harborside 3, 210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107
Obligee
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley, CO 80631
THIS BOND is signed, sealed, dated on 23rd day of November , 2021
This bond is effective the 23rd d." of November , 2021
SunShare, LLC
By
Arch Insurance Company
By
Jos Hohlt,-Attorney-in=Fact
AIC 0000334662
Tins Power of Attorney 'mills the acts of those named hereon, and they have no authority 0 bind the Company except un the manner acid to the extent hereon stated
Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Resodentm[ Value Guarantees
POWER OF ATTORNEY
Know All Persons By These Presents
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jers_
New Jersey (hereinafter referred to as the "Company") does hereby appoint
Bruce S Denson Jr , Jack Meikle and John Hohlt of Frisco, TX (EACH)
its true and lawful Attorney(s)m-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as ' act and deed
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000 0
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit , °i,,thonty as set forth
herein
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as bindint^Spon the said Company as
fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officer;. its principal administrative
office in Jersey City, New Jersey
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the CP pany on December 10, 2020, true
and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full for rid effect
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, 1:the Surety Business Division, or their
appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to a aoint agents and attorneys -in -fact, and to
authorize them subject to the limitation set forth in their respective powers of attorney, to execute on behalf of the Cs party, and attach the seal of the Company
thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such icers of the Company may appoint agents for
acceptance of process "
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolut adopted by the unanimous consent of the Board of
Directors of the Company on December 10, 2020
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice Presid,,•', or any Senior Vice President, of the Surety Business
Division, or their appointees designated in writing and filed with the Secretary, and the signature of the ;,+'cretary, the seal of the Company, and certifications by the
Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resol on adopted by the Board of Directors on December 10, 2020,
and any such power so executed, sealed and certified with respect to any bond or undertaking to w , it is attached, shall continue to be valid and binding upon the
Company In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9i0 day of
March, 2021
Attested and Certified ° �Or' Arch Insurance Company
Rega/ ZShulman, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
WeL,
Stephen C Ruschak, Executive Vice President
I, Michele Tripod], a Notary Public, do hereby certify that Regan A Shill ;o' n and Stephen C Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arc''nsurance Company, a Corporation organized and existing under the laws of the State of
Missouri, subscribed to the foregoing instrument, appeared before me 3's day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the ' ee and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth
CERTIFICATION
I, Regan A Shulman, Secretary of the Arch Insurat,''e Company, do hereby certify that the attached Power of Attorney dated March 9, 2021 on behalf of the
person(s) as listed above is a true and correct copy . l ) that the same has been in full force and effect since the date thereof and ism full force and effect on the date of
this certificate, and I do further certify that the sato, tephen C Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
of the attached Power of Attorney the duly elect;' Executive Vice President of the Arch Insurance Company
IN TESTIMONY WHEREOF, I have here .}'o subscribed my name and affixed the corporate seal of the Arch Insurance Company on this., day ofdvew.l'
20
RWIrALTH OPPirNMYLVAtt1A loCadll. SEAL , , rry Public
` ..-_r r
City of P1,11.3tiphla, MA. 0:uity
RV (.4O.141on Eght4 lay 31, 2031
Mich a pods, Notar ubhc
My commission expires 07/31/2021
This Power of Attorney limits the a
except in the manner and to the e
Re A Shulman, Secretary Re A Shulman, Secretary
of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
nt herein stated
PLEASE SEND ALL CLAI ;,0 NQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS
Arch Insurance —Surety Ds+]soon
3 Parkway, Suite 1500
Philadelphia, PA 1910
/.tom° ° cod
t]CSota;:
0000
0020 G
t3#4Cd
To vef ` the authenticity of this Power of Attorney, please contact Arch insurance Company at SuretyAuthentict ar hlnsurance corn
Please refer to the above named Attorney -m -Fact and the details of the bond to which the power is attached
AICPOA040120
Panted in U S A
To be attached to and made apart of bond SU 1172324
ZONING PERMIT FOR SOLAR ENERGY FACILITY
ADMINISTRATIVE REVIEW
Planner Angela Snyder
Case Number ZPSF21-0002
Applicant SunShare LLC c/o Jake Bobrow
Owner Lofland Farm LLC c/o Kevin Lofland
Request Zoning Permit for Solar Energy Facility (-±3 83 acres)
Legal Description A part of,the SE4 of Section 22, T5N, R65W of the 6th' P M , Weld County, CO
Location North of and adjacent to County Rd 54, west of and adjacent to County Rd 15
Zoning A (Agricultural) Zone District Parcel # 0961-22-0-00-025
Parcel Size ± 111 acres Latitude , 40 37775 N
Lease Area ± 3 83 acres Longitude -104 64517 W
Case Summary
The applicant, SunShare LLC, is proposing a solar energy facility that is less than five (5) acres in size (5
ACRE SEF) The site is located adjacent to and shares, an access easement -with a PDC Energy LLC oil
and gas production facility, Walton 8-25, 17-25, & 17-25, with three well pads (WOGLA17=0018, WOGLA19-
0054, and 1041WOGLA-AMD20-0033) that was permitted under Access Permit #AP13-00042 The 480
kW -AC (597 6 kW -DC) facility will employ'single access trackers which will be no more than ten (10) feet
tall at full tilt The contract with Public Service Company of Colorado is for twenty (20) years initially, with
the option to extend The useful life of the equipment is expected to be 'between thirty-five (35) and forty
(40) years The facility will be surrounded by an eight -foot (8 ft) game fence, except on the east side of the
property, where a six-foot (6 ft) privacy fence will screen the facility from adjacent residences Property -
maintenance is expected to occur quarterly In addition to the County's notice and referral effort, the
applicant reached out to surrounding property owners and -other interested parties, such as easement
holders including the Union Ditch Company and PDC Energy LLC Only -one objection was received from
a surrounding property owner and none from any referral agencies
Anoroved with Conditions
The Weld County Department of Planning Services has determined through an administrative review
that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code '
have been met and the request is approved with conditions
A The application is in compliance with the standards identified for Solar Energy Facilities Less
than Five (5) Acres (5 ACRE SEF)
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code ,
Page 1 of 4
The City of Greeley indicated no concern with the project in the August 23, 2021 referral response
The City of Evans returned a referral response in opposition to the location of the solar facility for
noncompliance with the Comprehensive Plan The site is planned for Urban Residential uses
according to the 20210 Future Land Use Map according to the August 13, 2021 response The
response also indicated a desire fora Road Maintenance Agreement for use of City of Evans roads
The applicant responded on September 20, 2021 by redesigning the haul route for construction
traffic to avoid municipal roads
There is a residence within five hundred (500) feet on the east side of the proposed facility The
applicant has proposed an opaque fence on the east side of the site, which is an acceptable buffer
according to Section 23-4-455 F 3 of the Weld County Code
B The Department of Planning Services has sent notice and has not received signed notification from
at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property in opposition to the location of the 5 ACRE SEF within twenty-eightl(28) days
Notice was sent to the owners of eighteen (18) surrounding properties and received two (2)
responses One (1) response indicated no concern with the request and indicated appreciation for
the notice One (1) response indicated objection to the project and stated the reason as support
for oil and gas One (1) letter of objection was received from a member of the public expressing
support of the oil and gas industry, frustration with the upkeep of the subject site, and opposition to
the financial gain that would occur as a result of the permit
2 Prior to construction, building permits shall be obtained for the 5 ACRE SEF and must comply with all_
installation standards of Chapter 29 of the Weld County Code
3 Prior to the release of building permits, the applicant shall
A Submit a grading permit application and obtain a grading permit
B Apply for and obtain an approved Access Permit for the preliminarily approved access location
(AP13-00042), pursuant to the provisions of Article XIV of Chapter 8 of the Weld County Code
C Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code Weld County, in its sole discretion, may approve alternative forms of Security) such as, but
not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County,
or other securities, if it finds that such alternative forms will provide an assurance of the availability
of financial resources for decommissioning/reclamation that equals or exceeds that provided by the
form required herein The method and object of Security shall be approved by the Weld County
Attorney The Security shall
1) Name the Board of County Commissioners of Weld County as the sole beneficiary of
the letter of credit,
2) Be issued by an A -rated financial institution based upon a rating provided by S&P,
Moody's, Fitch, AM Best, or other rating agency with similar credentials,
3) Include an automatic extension provision or "evergreen clause", and
4) Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of
the 5 ACRE SEF operator
4 The following development standards must be met at all times throughout the existence of the 5 ACRE
SEF
1) The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size
ZPSF21-0002 Page 2 of 4
2) No water or sewage disposal services are proposed as part of the 5 ACRE SEF
3) Any future structures or uses on site must obtain the appropriate zoning and building permits
4) SunShare, LLC accepts responsibility to decommission the site when the facility is deemed
obsolete in accordance with the accepted Decommissioning and Reclamation Plan
5) Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation
6) Glare A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at any time of
the day
7) Setbacks The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the
underlying zone Additionally, the improved area must be at least five hundred (500) feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver
or informed consent signed by the residence owner agreeing to the lesser setback
8) Dust mitigation The operators of the 5 ACRE SEF shall continuously employ the practices for
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan
9) Underground cables All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary)
10) Fencing The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein
11) Stormwater management The 5 ACRE SEF shall comply with the accepted final drainage report
12) Existing irrigation systems The nature and location or expansion of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility
13) Security An irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code shall be held for the life of the project The letter shall name the Board of County
Commissioners of Weld County as the sole beneficiary, be issued by an A -rated financial institution
based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar
credentials, include an automatic extension provision or "evergreen clause," and be "bankruptcy
remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator
14) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code
Page 3 of 4
15) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way
16) Access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or offsite tracking
17) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement
18) The historical flow patterns and runoff amounts will be maintained on the site
19) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination
20) No permanent disposal of wastes shall be permitted at this site This is not meant to,include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities,Act, 30-20-100 5, C R S
21) Waste materials shall be handled, stored, and disposed in a manner that controlsi fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code
22) Fugitive dust should attempt to be confined on the property Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations
23) 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
I
24) The operation shall comply with all applicable rules and regulations of the State, and Federal
agencies and the Weld County Code
(S-,,,,,,,zeiL.
Angela Snyder, Planner II
ZPSF21-0002 Page 4 of 4
Date November 16, 2021
To be attached to and made apart of bond SU 1172324
commissioning/ edam n
Plan
For a ZPSF Permit
Stewart Solar
In Compliance with
(Section 23-y.-1030 B of the Weld County Code)
Case Number. ZPSF Permit—Fp-I-b0O,2-
Lofland Farm Limited Liability Company (Parcel ID No. 096122000025)
Prepared for
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by
SunShare, LLC
Denver, Colorado
V46'7
ISLflShare
COMMUNITY SOLAR
Date Prepared July, 2021
1.o Overview
As a condition of approval for the Site -Specific Development Plan and Use by Special Review
Permit, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for
the solar facility, that is to be reviewed and approved by the Weld County Department of
Planning Services The intent of this Decommissioning/Reclamation Plan' is to provide a
comprehensive plan for removal of the solar facility after its useful life and/or the termination of
power generation operations, and,to return the subject property to conditions that' existed prior
to the solar facility's construction
The solar power generation facility has an estimated useful life of 3o years or more, with an
opportunity for a life of 5o years or more with equipment replacement and repowenng At the
end of the useful life of the facility, SunShare will cease power generation, decommission the
facility, and remove the components of the facility from the subject property The site will be
reclaimed and returned to the agricultural use that existed p'riorto the facility being constructed
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry, during the life of this facility SunShare
will follow solar industry standards and best management practices (BMPs) that exist at the time
of decommissioning and reclamation of the site
1.1 Procedures for Decommissioning the Solar acility
After Useful Life & Termination of Power Generation
The solar facility consists of numerous recyclable materials, including glass, semiconductor
material, steel, aluminum, copper, and plastics When the facility reaches the end of its
operational life; the component parts can be dismantled,' and for the most part, salvaged or
recycled at properly licensed facilities
Some site features, such as internal roads, driveways, drainage features/improvements, and
electrical interconnections may remain on'the site, depending upon the anticipated future use
of the property All such improvements, that are scheduled to remain after the
decommissioning of the site, will be approved by the Weld County Department of Planning
Services
Page of 6
The following steps will be followed in the decommissioning of the solar facility
Approximately one year prior to the planned decommissioning of the facility, SunShare
will schedule a pre -closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan
Appropriate temporary (construction -related) erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project The BMPs will be
inspected on a regular basis to ensure proper functionality
Effectively, the decommissioning of the solar facility proceeds in reverse order of the
installation
1 A site -specific health and safety plan shall be developed, prior to beginning
decommissioning activities, which incorporates the specific sequence and
procedures to be followed
2 Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site
3 The solar facility shall be disconnected from the utility grid This process will be
coordinated with Xcel Energy
4 PV modules shall be disconnected, collected and transported to a properly
licensed recycling facility
5 Above ground and underground electrical interconnection and distribution _
cabling shall be removed and salvaged or recycled off -site at an approved
recycling facility
6 The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off -site at an approved recycling facility
Page 3 of 6
7 PV module support steel and support posts shall be removed an'd salvaged or
recycled off -site at an approved recycling facility
8 Electrical and electronic devices, including transformers, semiconductors
materials, inverters, and batteries, shall be removed and salvaged or recycled
off -site at an approved recycling facility
9 Concrete foundations shall be removed and will be recycled off -site at an
approved concrete recycling facility
io Fencing shall be removed and will be recycled off -site at an approved recycling
facility
ii The site will be restored to its original condition, including any necessary
sculpting of soils to match existing natural contours and the r -seeding of
native grasses Any soil that had been re -located for construction purposes will
be redistributed on the site or used for landscaping purposes Soils will be
compacted for those areas where foundations or piers have been removed
1.2 Equipment to be Used for the Decommissioning of
the Solar Facility
The decommissioning of the solar facility will be undertaken using traditional heavy
construction equipment, including front-end loaders, bull dozers, cranes, excavators (track -
mounted and rubber -tired), water tankers, trucks, and pick-ups Semi -trucks will be used to
transport materials to off -site salvage or recycle centers
1.3 Dust Mitigation During the Decommissioning (Phase
Water tankers will be used to help control dust while the decommissioning activities are
occurring on the site During the decommissioning of the facility, SunShare will exercise BMPs
to limit fugitive dust from being airborne and traveling beyond the property lines Dust control
efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled Water spray will be applied, as needed, to unpaved areas during periods
of dry weather Care will be taken not to over -apply water and create mud Vehicle tracking
devices will be installed at truck exit drives, per the requirements of Weld County Vehicles
i
Page 4 of 6
operating on the site during the decommissioning phase will limit their speed to 15 mph or less,
to minimize dust emissions
1.4 Decommissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from
the establishment and submittal of the Security, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation
activities, including the following elements
Decommissioning
Fencing
Structures
Modules
Electrical
Site Restoration
$300 00
$6,000 00
$3,000 00
$2,000 00
$2,500 00
Total
Clarifications — Inclusions and Exclusions
$13,800 00
1 Based on project drawings provided
2 Includes the specified appropriate project management and
mobilization to adhere to the project schedule
3 Breakouts provided for accounting purposes only
4 All work is to be done in a single phase
5 Includes recycling of steel, aluminum, modules and copper
6 Includes restoration of the site back to like conditions before the solar array
was installed
Scope specifically includes
1 Electrical permit fees included
2 Removal and disposal of game fence
3 Removal of racking support structure and foundations
4 Module removal, package and recycle
5 Removal of electrical distribution equipment,
transformers and electrical equipment pads
6 Removal of electrical DC string wiring and AC underground
7 Site restoration
8 Safety and protection as required
Page 5 of 6
9 Waste disposal fees and containers
10 Temporary Restrooms and site facilities for workers
Specifically excludes.
1 Payment and Performance Bond
2 All utility specific tie in work to disconnect the site outside of
property
3 Engineering, fees, errors, omissions additional
design intent not clearly delivered or identified
on the referenced drawings
4 Import or export of soils
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated .5-MteAPY 19, 2024, the Board
requires SunShare, LLC to provide financial assurance to the County in the form of a surety bond,
in an amount established by the Director of the Department of Planning Services, to ensure
proper decommissioning of the facility The surety bond is to name the Board of County
Commissioners -of Weld County as beneficiary and be current and active at all time during the
life of the permit The required surety bond will be provided as part of this
Decommissioning/Reclamation Plan Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for
'decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (go) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation
Prepared by
Richard L Miller, AICP
Development Manager
Page 6 of 6
Site Plan
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