HomeMy WebLinkAbout20253070.tiff A .
MEMORANDUM
COUNTY , CO
To : Board of County Commissioners
From : Matthew VanEyll , Planner II
Subject : USR21 - 0004 Acceptance of a Replacement Surety Bond
Date : October 23 , 2025
Case Number : U S R21 - 0004
Applicant : SunShare LLC c / o Beau Scott
Owner : CAW Equities LLC
Legal Description : Part of the SW4 of Section 20 , T4N , R66W of the 6th P . M . , Weld County , CO
Location : East of and adjacent to HWY 60 and north of and adjacent to CR 42
Zoning : A ( Agricultural ) Zone District Parcel # : 1057 - 20 - 3 - 00 - 021
Parcel Size : ± 35 acres
Lease Area : ± 14 acres
S ummary :
S unShare , LLC , has submitted a request to release the currently held Surety Bond for the decommissioning
and reclamation plan for USR21 - 0004 Solar Energy facility , and accept a replacement Surety Bond .
USR21 - 0004 was conditionally approved by the Board of County Commissioners on May 12 , 2021 . The
applicant is requesting to replace the existing Surety Bond ( # SU 1172321 ) from Arch Insurance Company
in the amount of $ 84 , 000 . 00 , that was accepted by the Board of County Commissioners on November 1 ,
2021 , with the new Surety Bond ( # 800137768 ) from Atlantic Specialty Insurance Company in the amount
of $ 84 , 000 . 00 . This new Surety Bond will comply with Condition of Approval # 1 . A . of the Resolution .
Recommendation :
S taff 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 # 1 . A . of the Use by Special Review Resolution .
2025 - 3070
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OCTOBER 13 , 2025
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 # 800137768 .
S urety Bond No . 800137768 is attached to Gilcrest Sun - Permit USR21 - 0004 , submitted by applicant
SunShare . LLC .
* * * This bond replaces and supersedes Arch Insurance Company Bond No . SU 1172321 * * *
S pon reception , please release the original bond ( SU 1172321 ) and replace it with Bond # 800137768 .
If it is Weld County policy to return canceled bonds , the SU 1172321 document can be sent back to the
S unShare office at 1724 N . Gilpin St , Denver , CO 80218 and we will return the cancelled bond to our insurer .
S INCERELY ,
S UNSHARE , LLC
:).4
SunShare
COMMUNITY SOLAR
1724 Gilpin Street , Denver , CO 80218 • legal@mysunshare . com • MYSUNSHARE . COM
SURETY BOND Ci)
BOND NUMBER 800137768
KNOW ALL MEN BY THESE PRESENTS , that SunShare , LLC as
Principal , and Atlantic Specialty Insurance Company , a corporation duly organized under the laws of
the State of Ohio , as Surety , are held and firmly bound unto Qom = i ���tw �d� ary, as Obligee in the sum of
$ 84 , 000 . 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 USR21 - 0004 and which is hereby specifically referred
to and made part heror 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
13285 County Road 42 , Platteville , CO 80651
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 Principal ' 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 October 13 , 2025 to October 13 , 2026
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 thirty ( 30 ) days prior to the renewal date . However , neither : ( a ) the Surety ' s
decision to cancel , nor ( b ) 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 itself constitute a loss to
the Obligee recoverable under this Bond or any extension thereof.
NOTICE :
Principal :
SunShare , LLC
1724 Gilpin Street
Denver , CO 80218
Surety :
Atlantic Specialty Insurance Company
605 Highway 169 North , Suite 800
PIymouth , MN 55441
Obligee :
The Board of County
Commissioners of Weld County
Y
1555 N 17th Avenue
Greeley , CO 80631
THIS BOND is signed , sealed , dated on the 13th day of October , 2025
This bond is effective the 13th day of October , 2025
SunShare , LLC
A
By :
r�
y _
Atlantic Specialty Insurance Company
9
By : _ t 11.4
J i II L . Hohl Attorn • y - in - Fact
Exhibit A
To be attached and made part of Atlantic Specialty Insurance Company
Bond # 800137768 .
RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT , USR21 - 0004 , FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A ( AGRICULTURAL ) ZONE
DISTRICT — WETCO FARMS , INC . , C / O 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 , the Board of County Commissioners held a public hearing on the 12th day of
May , 2021 , at the hour of 10 : 00 a . m . , in the Chambers of the Board , for the purpose of hearing
the application of WETCO Farms , Inc . , 2055 1st Avenue , Greeley , Colorado 80631 ,
c / o SunShare , LLC , 1724 Gilpin Street , Denver , Colorado 80218 , for a Site Specific Development
Plan and Use by Special Review Permit , USR21 - 0004 , for a Medium Scale Solar Facility outside
of subdivisions and historic townsites in the A ( Agricultural ) Zone District , on the following
described real estate , being more particularly described as follows :
Being part of the SW1 / 4 of Section 20 , Township 4
North , Range 66 West of the 6th P . M . , Weld County ,
Colorado
WHEREAS , at said hearing , the applicant was represented by Amanda Mack ,
SunShare , LLC , 1724 Gilpin Street , Denver , Colorado 80218 , and
WHEREAS , Section 23 - 2 - 230 of the Weld County Code provides standards for review of
said Use by Special Review Permit . and
WHEREAS , the Board of County Commissioners heard ail of the testimony and
statements of those present , studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and , having been fully informed , finds that this request shall be approved for the following reasons :
1 . The submitted materials are in compliance with the application requirements of
Section 23 - 2 - 260 of the Weld County Code .
2 . The applicant has demonstrated that the request is in conformance with
Section 23 - 2 - 230 . 8 of the Weld County Code as follows :
A . Section 23 - 2 - 230 . B . 1 - - The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect .
1 ) Section 22 - 22 - 30 . A . 3 states : " Limit the density and intensity of
development to maintain agricultural areas . " The site is in dryland
agricultural production because there is no irrigation water . The
owner tried to dryland farm the land for about five ( 5 ) years and
never got a profitable crop . The solar facility will have a footprint of
about a 35 - acre section of a quarter section . The property will
remain in dryland farming .
co : PLCOA / TP) , NOC Z R / OA ) , E f iCLO ,
C At eci Ken ) , A PPE , APPL RC P 2021 - 1210
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SPECIAL REVIEW PERMIT(USR21-0004)—WETCO FARMS,INC,CIO SUNSHARE,LLC
PAGE 2
2) Section 22-2-60 B 3 states "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surround land uses"The
proposed facility will occupy about 14 acres of a 35-acre parcel The
applicant is proposing wood fencing to buffer the facility from the
closest residences
B Section 23-2-230 B 2—The proposed use is consistent with the intent of
the A(Agricultural)Zone District
1) Section 23-3-10—Intent,states "Agnculture in the County is
considered a valuable resource,which must be protected from
adverse impacts resulting from uncontrolled and undirected
business,industrial,and residential land uses The A(Agricultural)
Zone Distnct is established to maintain and promote agriculture as
an essential feature of the County The A(Agricultural)Zone Distnct
is intended to provide areas for the conduct of agricultural activities
and activities related to agnculture and agncultural production,and
for areas for natural resource extraction and energy development,
without the interference of other,incompatible land uses"
2) Section 23-3-40 R states "Medium scale solar facility,subject to
the additional requirements of Section 23-5-1030"Based on this,
the use may be permitted by a USR in the A(Agricultural)Zone
District The medium scale solar is a non-permanent and regulated
use of land and is consistent with Section 23-3-10 as the Use is
more intense than a Use by Right
C Section 23-2-230 B 3—The uses which will be permitted will be compatible
with the existing surrounding land uses The adjacent lands consist of
pastures,crops,and rural residences There are three(3)residences to the
south,and across the street(CR 42)from the site The closest residence
is about 170 feet south of the site There are four(4)USRs within one(1)
mile of the site USR-1185 fora Machine Repair Shop is located east of the
site USR14-0024 for an Oil and Gas support facility,USR-839 for a
commercial greenhouse,and USR13-0039 for automobile repair are all
located south of the site The Weld County Department of Planning
Services sent notice to seven(7)surrounding property owners Planning
staff has not received any correspondence concerning this case The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region
D Section 23-2-230 B 4—The uses which will be permitted will be compatible
with future development of the surrounding area,as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect,or the adopted Master Plans of affected
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SPECIAL REVIEW PERMIT ( USR21 - 0004 ) — WETCO FARMS , INC . , C / O SUNSHARE , LLC
PAGE 3
municipalities . The site is located within the three ( 3 ) mile referral area and
the Coordinated Planning Agreement Area ( CPA ) for the Towns of Milliken ,
Platteville , and Gilcrest , as well as the City of Evans . As part of the
pre - application process the municipalities were sent a Notice of Inquiry
( N01 ) . The Towns of Platteville , Milliken and the City of Evans each
submitted a signed NOI , dated January 22 , 2021 , July 29 , 2020 , and
July 29 , 2020 , respectively , stating that they have no interest in annexing
this property . The Town of Gilcrest submitted a signed NOI , dated July 23 ,
2020 , which indicated that they do wish to annex this property .
Mr . Larry Lorentzen , Town Administrator for the Town of Gilcrest , indicated
the town would need to provide snow removal or road maintenance if the
subject property was annexed . However , the town did not have the
necessary funds in their budget to provide snow removal and road
maintenance . Mr . Lorentzen requested that SunShare , LLC ; provide a
minimum setback of 400 feet along State Highway 60 frontage to
accommodate any future commercial or retail uses . SunShare , LLC , has
provided a 500 - foot setback between the road right - of - way and the solar
facility . None of the municipalities responded with referral agency
comments . The Comprehensive Plan maps for the City of Evans , Town of
Platteville and the Town of Milliken do not encompass the subject property .
However , per the 2012 Comprehensive Plan Update Map for the Town of
Gilcrest , the site is shown as Low Density Residential and part of an
Opportunity Area for Future Regional Commercial opportunities . The
intersection at County Road 42 and State Highway 60 is designated as
Regional Commercial .
E . Section 23 - 2 - 230 . B . 5 — The application complies with Chapter 23 ,
Articles V and XI , of the Weld County Code . The site is not located within
any overlay district officially adopted by the County , including A - P ( Airport )
Overlay District , Geologic Hazard overlay District , MS4 - Municipal
Separate Storm Sewer System area , Special Flood Hazard Area , or
Historic Townsite Overlay District . Building Permits issued on the lot will be
required to adhere to the fee structure of the County - Wide Road Impact
Fee , County Facility Fee , and Drainage Impact Fee Programs .
F . Section 23 - 2 - 230B . 6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use . The proposed facility is located entirely on soils designated " Prime
Farmland , if irrigated " , per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map . The soils are designated as Julesburg
sandy loam with zero ( 0 ) to one ( 1 ) percent slopes . The proposed USR will
not take any Prime ( Irrigated ) Farmland out of production . The Platte Valley
Conservation District did not return a referral agency response .
G . Section 23 - 2 - 230B . 7 — The Design Standards ( Section 23 - 2 - 240 , Weld
County Code ) , Operation Standards ( Section 23 - 2 - 250 , Weld County
Code ) , Solar Facility Standards ( Section 23 - 4 - 1030 , Weld County Code ) ,
Conditions of Approval and Development Standards can ensure that there
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SPECIAL REVIEW PERMIT(USR21-0004)—WETCO FARMS,INC,C/O SUNSHARE,LLC
PAGE 4
are adequate provisions for the protection of the health,safety,and welfare
of the inhabitants of the neighborhood and County
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of WETCO Farms,Inc,Go SunShare,LLC,for a Site
Specific Development Plan and Use by Special Review Permit,USR21-0004,for a Medium Scale
Solar Facility outside of subdivisions and historic townsites in the A(Agricultural)Zone District,
on the parcel of land described above be,and hereby is,granted subject to the following
conditions
1 Prior to recording the map
A A Decommissioning/Reclamation Plan shall be submitted per
Section 23-4-1030 B,which shall require the applicant 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 Said surety bond shall name
the Board of County Commissioners of Weld County as beneficiary and be
current and active at all,times during the life of the permit
B A Road Maintenance Agreement for construction only is required at this
location Road maintenance includes,but is not limited to,dust control and
damage repair to specified haul routes
C The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access The access shall be
for ingress,egress,utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number
D The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR21-0004
2) The attached Development Standards
3) The map shall be prepared in accordance with Section 23-2-260 D
of the Weld County Code
4) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV,Division 2 and Appendices 23-C,23-D and 23-E of the
Weld County Code
6) The map shall delineate the 30-foot setback from the boundary
of adjacent properties, irrigation ditches, and rights-of-way in
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SPECIAL REVIEW PERMIT(USR21-0004)—WETCO FARMS,INC,CIO SUNSHARE,LLC
PAGE 5
which no equipment shall be located, in accordance with
Section 23-4-1030 G of the Weld County Code
7) County Road 42 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road,which
requires 80 feet of nght-of-way at full bulldout The applicant shall
delineate and label the future and existing right-of-way(along with
the documents creating the existing right-of-way)and the physical
location of the road on the site map or plat All setbacks shall be
measured from the edge of the right-of-way This road is maintained
by Weld County
8) The applicant shall show and label the approved access locations,
approved access width,and the appropriate turning radii(60')on
the site plan The applicant must obtain an access permit in the
approved location prior to construction
9) The applicant shall show and label the approved tracking control on
the site plan
10) The applicant shall show and label the entrance gate,if applicable
An access approach that is gated shall be designed so that the
longest vehicle(including trailers)using the access can completely
clear the traveled way when the gate is closed In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet
11) If applicable,the applicant shall show and label a 30-foot minimum
access and utility easement to provide legal access to the parcel on
the site plan
12) The applicant shall show and label the drainage flow arrows
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property
2 Upon completion of Condition of Approval#1 above,the applicant shall submit
one(1)electronic copy(pdf)of the map for preliminary approval to the Weld
County Department of Planning Services Upon approval of the map,the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval The Mylar map shall be recorded in the office of the Weld County
, Clerk and Recorder by the Department of Planning Services The map shall be
prepared in accordance with the requirements of Section 23-2-260 D of the Weld
County Code The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution
The applicant shall be responsible for paying the recording fee
' 2021-1210
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SPECIAL REVIEW PERMIT ( USR21 - 0004 ) — WETCO FARMS , INC . , C / O SUNSHARE , LLC
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3 . In accordance with Weld County Code Ordinance # 2012 - 3 , approved April 30 ,
2012 , should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution , a $ 50 . 00 recording
continuance charge shall be added for each additional three ( 3 ) month period .
4 . Prior to Construction :
A . The approved access and tracking control shall be constructed prior to
on - site construction .
B . If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit
will be required .
5 . The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded . Activity shall not occur , nor shall any building
or electrical permits be issued on the property , until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement .
The above and foregoing Resolution was , on motion duly made and seconded , adopted
by the following vote on the121th day of May , A . D . , 2021 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST : ditto Atosa 0 „ 0 - 74,- -
Steve • repo , Chair
Weld County Clerk to the Board
SC * . es , Pro - Te
BY : Gt • ' , k �
eputy Clerk to the Board4eur � ►�
s ' � \ Perry L . Buc
'4 •
APPR ED A • 6 .� 4. si
oil IP,
# , _ (
{ . -
11161 k - " r ike Freeman
1 / ': a. Jr:
ounty ttorney 0 � '%1EXCUSED
1 Lori Saine
Date of signature : OCD1 cct f 9 %
2021 - 1210
PL2796
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WETCO FARMS , INC . , C / O SUNSHARE , LLC
USR21 - 0004
1 . A Site Specific Development Plan and Use by Special Review Permit , USR21 - 0004 , is for
a Medium Scale Solar Facility outside of subdivisions and historic townsites in the
A ( Agricultural ) Zone District , subject to the Development Standards stated hereon .
2 . Approval of this plan may create a vested property right pursuant to Section 23 - 8 - 10 of
the Weld County Code .
3 . This is an unmanned facility .
4 . The site shall be maintained in accordance with the Property Maintenance Plan .
5 . The site shall be maintained in accordance with the approved Decommissioning Plan .
6 . The site shall be maintained in accordance with the approved Landscape and Screening
Plan .
7 . All signs shall adhere to Chapter 23 , Article IV , Division 2 and Appendices 23 - C , 23 - D and
23 - E of the Weld County Code .
8 . No outdoor storage of any materials or equipment including , but not limited to , solar panels
and support structures not in operation will be allowed .
9 . No equipment associated with the solar facility shall be located within 30 feet of the
boundary of adjacent properties , irrigation ditches , and / or public or private rights - of - way .
10 . The property owner or operator shall be responsible for controlling noxious weeds on the
site , pursuant to Chapter 15 , Articles I and II , of the Weld County Code .
11 . The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and / or off - site tracking .
12 . There shall be no parking or staging of vehicles on public roads . On - site parking shall be
utilized .
13 . 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 .
14 . The property owner or operation shall comply with all requirements provided in the
executed Road Maintenance Agreement .
15 . The historical flow patterns and runoff amounts on the site will be maintained .
16 . Weld County is not responsible for the maintenance of on - site drainage related features .
2021 - 1210
PL2796
DEVELOPMENT STANDARDS ( USR21 - 0004 ) - - WETCO FARMS , INC . , CIO SUNSHARE , LLC
PAGE 2
17 . All liquid and solid wastes , as defined in the Solid Wastes Disposal Sites and Facilities
Act , C . R . S . § 30 - 20 - 100 . 5 , shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination .
18 . No permanent disposal of wastes shall be permitted at this site . This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act , C . R . S . § 30 - 20 - 100 . 5 .
19 . Waste materials shall be handled , stored , and disposed of in a manner that controls
fugitive dust , fugitive particulate emissions , blowing debris , and other potential nuisance
conditions . The facility shall operate in accordance with Chapter 14 , Article I , of the Weld
County Code .
20 . 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 .
21 . 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 .
22 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
23 . Building Permits shall be required for any new construction or set up manufactured
structure , per Section 29 - 3 - 10 of the Weld County Code . A building permit application
must be completed and submitted . Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application . Currently , the
following have been adopted by Weld County : 2018 International Building Codes ,
2006 International Energy Code , 2017 National Electrical Code , and Chapter 29 of the
Weld County Code . A plan review shall be approved , and a permit must be issued prior to
the start of construction .
24 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
25 . Necessary personnel from the Weld County Departments of Planning Services , Public
Works , and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations .
26 . The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations . Substantial
changes from the plans or Development Standards , as shown or stated , shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted . Any other changes shall be filed in the office of the Department of Planning
Services .
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27 . The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards . Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners .
28 . Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three ( 3 ) years from the date of approval , unless otherwise specified
by the Board of County Commissioners when issuing the original Permit , or the Permit
shall be vacated . The Director of Planning Services may grant an extension of time , for
good cause shown , upon a written request by the landowner .
29 . A Use by Special Review shall terminate when the Use is discontinued for a period of
three ( 3 ) consecutive years , the Use of the land changes , or the time period established
by the Board of County Commissioners through the approval process expires . The
landowner may notify the Department of Planning Services of a termination of the Use , or
Planning Services staff may observe that the Use has been terminated . When either the
Department of Planning Services is notified by the landowner , or when the Department of
Planning Services observes that the Use may have been terminated , the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit .
30 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT : Weld County has some of
the most abundant mineral resources , including , but not limited to , sand and gravel , oil ,
natural gas , and coal . Under Title 34 of the Colorado Revised Statutes , minerals are vital
resources because ( a ) the state ' s commercial mineral deposits are essential to the state ' s
economy ; ( b ) the populous counties of the state face a critical shortage of such deposits ;
and ( c ) such deposits should be extracted according to a rational plan , calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state . Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development . Oftentimes , mineral
resource sites are fixed to their geographical and geophysical locations . Moreover , these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource .
31 . The Weld County Right to Farm Statement , as it appears in Section 22 - 2 - 30 . A . 4 . a of the
Weld County Code , shall be placed on the map and recognized at all times .
2021 - 1210
PL2796
Exhibit B - To be attached and made part of Atlantic
Specialty Insurance Company Bond # 800137768 .
Excellence in Electrical
September 10 , 2021
Matt Ricci mricci@mysunshare . com
SunShare Office : 800 - 793 - 0786
1724 Gilpin Street Mob : 720 - 371 - 9024
Denver , CO 80218
Re : Gilcrest Sun Decommissioning Cost Estimate
Dear Matt ,
We are pleased to submit for your consideration , our Proposal to perform decommissioning
services for the above referenced project . Our price is based on and in accordance with the
drawings and information provided by SunShare . Please reference our attached
Clarifications , Inclusions , and Exclusions for additional information . We appreciate the
opportunity to work with you on this project .
If you have any questions or need any additional information , please do not hesitate to
contact me .
E Light Electric Services , Inc .
David Wright
VP Preconstruction
dwrig ht@el ightelectric . com
Direct : 303 - 952 - 1120
Mobile : 303 - 819 - 5423
Attachment
361 Inverness Drive South Suite 8 Englewood , CO 80112 • 303 . 754 . 0001 • Fox 303 . 754 . 0 11 • www . elightelectric . com
Excellence in Electrical
Ci crest Sun Decomnissaon ' ng
Fencing $ 2 , 000 . 00
Structures $ 36 , 000 . 00
Modules $ 18 , 000 . 00
Electrical $ 13 , 000 . 00
Site Restoration $ 15 , 000 . 00
Total $ 84 , 000 . 00
C arTcations , Inc usions and xc usions
The Clarlications of this Budget Proposal are as follows :
1 . Proposal based on project drawings provided .
2 . This proposal includes the specified appropriate project management and
mobilization to adhere to the project schedule .
3 . Breakouts provided for accounting purposes only .
4 . All work to be done in a single phase .
5 . This proposal includes recycling of steel , aluminum , modules and copper .
6 . Includes restoration of site back to like conditions before solar array was
installed .
This Proposal specTcal y includes :
1 . Electrical permit fees included .
2 . Removal and disposal of game fence .
3 . Removal of racking support structure and foundations .
4 . Module removal , package and recycle .
5 . Removal of electrical distribution equipment , transformers and electrical
equipment pads .
6 . Removal of electrical DC string wiring and AC underground .
7 . Site restoration .
8 . Safety and protection as required .
9 . Waste disposal fees and containers .
10 . Temporary Restrooms and site facilities for workers .
Th ' s Proposal specifica y 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 .
361 Inverness Drive South , Suite B , Englewood , CO 80112 ° 303 . 754 . 0001 ° Fax 303 . 754 . 0011 ° www . elightelectric . com
INSURANCE taCts .
Power of Attorney
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 : Candice Hild , Jack Meikle, John L . Hohlt, Nathan Wonder , Senoa Hernandez , each individually if there be more than
one named , its true and lawful Attorney - in - Fact , to make , execute , seal and deliver , for and on its behalf as surety , any and all bonds , recognizances , contracts of indemnity , and
all other writings obligatory in the nature thereof ; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of : unlimited and the
execution of such bonds , recognizances , contracts of indemnity , and all other writings obligatory in the nature thereof in pursuance of these presents , shall be as binding upon
said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal . This Power of Attorney is made and executed by
authority of the following resolutions adopted by 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 seal of the Company
to be affixed this first day of January , 2023 .
0 917 '
Qj cUFtP OR4 /
0 al
' CI) SEAL ` in =_
198E o By � -
STATE OF MINNESOTA I ~Zb Fw yOC1/4 kb / Kolar , Vice President an General Counsel
" ) , a • Sarah A . o ce Preside d
HENNEPIN COUNTY
On this first day of January , 2023 , before me personally came Sarah A . Kolar , Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY , to
me personally known to be the individual and officer described in and who executed the preceding instrument , and she acknowledged the execution of the same , and being by me
duly sworn , that she is the said officer of the Company aforesaid , and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company .
•'' 0• 1• r� ' '•• ALISON D . NASH - TROUT
•
rK; + '• ° NOTARY PUBLIC - MINNESOTA 11 / 5
: pr• _ My Commission Expires
:; % ; ;rio January 31 , 2030 Notary Public
I , the undersigned , Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY , a New York Corporation , do hereby certify that the foregoing power of attorney is in full
force and has not been revoked , and the resolutions set forth above are now in force .
Signed and sealed . Dated 8th day of October , 2025 .
.t� ' %( M I .k 'S `' t ,
Q �pfkP0 Rq �.e n
go) SEAL nil
`e 1986 o
This Power of AttoeY axP ires ';?d �F rn w Yo� , � b
January 31 , 2030 "'"�1 b • \-- • ' Kara L . B . Barrow Secretary
Please direct bond verifications to surety0intactinsurance . com
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