HomeMy WebLinkAbout20252069.tiffResolution
Approve Decommissioning Plan and Accept Collateral for Phase I of Use by Special
Review Permit, USR24-0024, for a Solar Energy Facility (SEF) Outside of
Subdivisions and Historic Townsites in the A (Agricultural) Zone District —
Pivot Solar 45, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 19th day of February, 2025, the Board of County Commissioners
approved the application of the Colorado State Land Board, 1127 Sherman Street,
Denver, Colorado 80203, c/o Pivot Solar 45, LLC, 1601 Wewatta Street, Suite 700,
Denver, Colorado 80202, for Use by Special Review Permit, USR24-0024, 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:
Section 24, 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 USR24-0024,
Pivot Solar 45, LLC, has presented the Board with a Decommissioning Plan for said USR,
and requests the Board accept Decommissioning Bond #CMS0390087, insured through
RLI Commercial Surety, 9025 North Lindbergh Drive, Peoria, Illinois 61615, in the amount
of $112,500.00, guaranteeing maintenance, replacement, removal, relocation, and/or
reclamation of Phase I of said solar energy facility, and
Whereas, staff recommends approval of the Decommissioning Plan and acceptance of
Decommissioning Bond #CMS0390087, 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
USR24-0024.
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 #CMS0390087, insured through RLI Commercial Surety,
9025 North Lindbergh Drive, Peoria, Illinois 61615, in the amount of $112,500.00,
guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of
Phase I of said solar energy facility, as permitted and operated under USR24-0024, be,
and hereby is, approved and accepted.
5045796 Pages: 1 of 2
08/06/2025 10:47 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
INFATZE liNIC k% 44IVA I MY4 III III
cc;PL(DEMI.)/DA/STM/gpitAL4) 2025-2069
PL2936
og/iq /25
Decommissioning Plan and Collateral for Phase I of Use by Special Review Permit,
USR24-0024, for a Solar Energy Facility (SEF) — Pivot Solar 45, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 21st day of July, 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
5045796 Pages: 2 of 2
08/06/2025 10:47 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 AN' VAIICIAIL LJha+IKALW N ilifill: K ii i "Ill
2025-2069
PL2936
MEMORANDUM
To: Board of County Commissioners
From: Molly Wright, Planner II
Subject: USR24-0024 Acceptance of Surety Bond
Date: July 7, 2025
for pticsA T pex molly ' S
Case Number: USR24-0024
Applicant: Pivot Solar 45 LLC c/o Bradley Thomas
Owner Colorado State Land Board
Legal Description: All of Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Location: Approximately 1 mile south of County Road 46; approximately 1 mile east of County
Road 57
Zoning: A (Agricultural) Zone District Parcel #: 1053-24-0-00-008
Parcel Size: ± 628.65 acres
Lease Area: ± 73 acres
Summary:
Pivot Solar LLC, has submitted a Surety Bond for the decommissioning and reclamation of USR24-0024
Solar Energy Facility. USR24-0024 was conditionally approved by the Board of County Commissioners on
January 8, 2025. The applicant has submitted the Decommissioning Bond (#CMS0390087) from RLI
Insurance Company in the amount of $112,500.00. This is Surety Bond will comply with Condition of
Approval #5.A. of the Resolution.
Recommendation:
Staff recommends that the Board accept the Surety Bond because it complies with Section 23-4-
1030.B.4.g. of the Weld County Code and staff has accepted the related decommissioning/reclamation
plan. If the surety bond is accepted by the Board of County Commissioners, it will satisfy Condition of
Approval #5.A. of the Use by Special Review Resolution.
2025-2069
-7/Zl Pt_ 293(
Jessica Reid
From:
Sent:
To:
Cc:
Subject:
Hi!
Molly Wright
Monday, July 7, 2025 4:16 PM
Jessica Reid
Diana Aungst; Maxwell Nader
RE: USR24-0024
Yes. This one is a little funky because they are only doing the surety bond for phase 1. I am having them submit a
decommissioning plan with that price split up accurately! Once I get that I will send it over to you.
Best Regards,
!86"X.
COUNTY, CO
Molly Wright
Planner II
Department of Planning Services
Desk: 970-400-3525
1402 N. 17th Avenue, Greeley, CO 80632
ONO ®O
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From: Jessica Reid <jreid@weld.gov>
Sent: Monday, July 7, 2025 4:15 PM
To: Molly Wright <mrwright@weld.gov>
Cc: Diana Aungst <daungst@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: USR24-0024
Hi Molly,
I think I need a Decommissioning/Reclamation Plan for this one to attach to the Bond you dropped off. Do you have
that? Also, please feel free to correct me if that's not accurate. I'm still learning and we haven't done one in a while.
COUNTY,
CO
Jess Reid
Deputy Clerk to the Board
Desk: 970-400-4212
P.O. Box 758, 1150 O St., Greeley, CO 80632
0 x 0 O 0
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only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
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2
Bond No. CMS0390087
DECOMMISSIONING BOND
C oP`I�
KNOW ALL BY THESE PRESENTS: That we, Pivot Solar 45 LLC, as Principal, and RLI
Insurance Company, a corporation duly authorized under the laws of the State of Illinois, as Surety,
are held and firmly bound unto Weld County, as Obligee in the maximum aggregate penal sum of
One Hundred Twelve Thousand Five Hundred 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 decommissioning in accordance with the Solar Energy Planning Lease No. 15444, which
said agreement, dated May 5, 2023, is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of the decommissioning referred to in said agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and
well and truly keep and perform the decommissioning provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as
therein stipulated, 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, 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 held not later than fifteen days after receipt of such notice
to discuss methods of performing the decommissioning Agreement. If the Obligee, the
Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform
the Agreement, but such an agreement shall not waive the Obligee's right, if any,
subsequently to declare a Principal Default, and
Bond No. CMS0390087
ii) The Obligee has declared a Principal Default and formally terminated the Principal's
right to complete the Decommissioning Agreement. Such Principal Default shall not be
declared earlier than Thirty days (30) after the Principal and the Surety have received
notice, and
iii) The Obligee has agreed to pay the Remaining Balance Due under the Agreement to
the Surety in accordance with the terms of the Agreement or to an entity selected to
perform the Agreement in accordance with the terms of the Agreement with the
Obligee.
3. When the Obligee has satisfied the conditions of Paragraph 2, the Surety will have the right and
opportunity, at its sole discretion to promptly take one of the following actions:
a) cure the default;
b) assume the remainder of the Decommissioning Agreement and to perform or sublet same
c) tender to the Obligee funds sufficient to cure the default, up to an amount not to exceed the
penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated
damages, or forfeitures assessed against the Principal.
4. After the Obligee has terminated the Principal's right to complete the Decommissioning
Agreement, and if the Surety elects to act under Paragraph 3a, 3b or 3c above, then the
responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under
the decommissioning Agreement, and the responsibilities of the Obligee to the Surety shall not
be greater than those of the Obligee under the Agreement
5. No assignment by the Principal shall be effective without the written consent of the surety.
6. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written
notice to the Obligee, stating therein the effective date of such termination or cancellation. Such
notice shall not limit or terminate any obligations resulting from default by the Principal that
may have accrued under this bond as a result of default by Principal prior to the effective date of
such termination.
7. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the
Obligee recoverable under this bond.
8. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
9. No 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. CMS0390087
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 courier, 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 Attorney -in -Fact,
this 14th day of v, 2025.
Pivot Solar 45 LLC
Principal
By:
RLI Insurance Company
Surety
By:
Nadia Ortega, Attornoy'in-Fact
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
John L. Hohlt, Senia Hernandez, Nathan Wonder, Jack Meikle, MaLeatra English. Nadia Ortega. William Ison, jointly or severally
in the City of Denver , State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective 1a Vice President with its corporate seal affixed this 18th day of
June , 2024 ,`�`�",r irrri
r
� ,,,, RLI Insurance Company
, A°`^s�''-- �.` �•yJ yp •: Contractors Bonding and Ins ance Company
_�' SEAL ,� :14
;{,. er . 6 _ Eric Raudins
State of Illinois �L�"°�s ,, ° •• � 4,h≤11 N o),,g
SS '., �.
County of Peoria ��,, L I N 00,,`,
On this 18th day of June , 2024 , before me, a Notary Public,
personally appeared Eric Raudins , who being by me duly swom,
acknowledged that he signed the above Power of Attomey as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By:
Jill A. Scott A Notary Public
JiLL A SCOTT
Notary Public
State or Ohio
My Comm. Expires
September 22, 2025
Sr. Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this 14th day of May 2025
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
Jeffrey is1O
Corporate Secretary
05E9911020212
A0058D19
A— Pivot
74/4k Energy
Decommissioning Plan
Pivot Solar 45 and 55 LLCs (USR24-0024)
Updated 7/2/25
Weld County requires that Pivot Solar 45 LLC and Pivot Solar 55 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 Energy Facility. Our estimate of the
decommissioning costs is $22,500 per megawatt, totaling approximately $112,500 for each 5 -
megawatt phase. Pivot Solar 45 LLC and Pivot Solar 55 LLC will be constructed as two separate
phases and will require separate decommissioning securities.
The useful life of the solar 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 in 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. At 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:
APP- Pivot
��►� Energy
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.
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 Recycling
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.
1 Pivot
1,d► Energy
Fencing
Project site perimeter fencing will be removed at the end of the decommissioning project, unless
it may be 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 Cleanup
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
wil 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.
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 reclamation
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.
Pivot
► Energy
Cost Estimate:
Modules
;,750
'50
This scope includes:
• Electrical permit fees
• Removal and disposal of wildlife -friendly game fence
• Removal of racking and foundations
• 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
Hello