HomeMy WebLinkAbout20252849.tiff MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst,Principal Planner
COUNTY,CO Subject USR24-0027 Acceptance of Surety Bond
Date: October 20,2025
Case Number: USR24-0027
Owner: Coors Energy Co c/o Ben Moline
PO BOX 4030,Golden,CO 80402
Request: A Use by Special Review Permit for a Solar Energy Facility(SEF)outside of
subdivisions and historic townsites in the A(Agricultural)Zone District.
Legal Description: Being a part of the N2 of Section 36,Township 3 North,Range 64 West of the 6th
P.M.,Weld County,Colorado.
Location: East of and adjacent to County Road 59 and approximately 0.6 miles north of
County Road 26(section line)
Zoning: A(Agricultural)Zone District Parcel No.:1215-36-2-00-006
Acreage: Parcel Boundary:+/-200 acres
Solar Energy Facility(SEF)+/-42 acres
Summary:
Coors Energy Co,has submitted a Surety Bond for the decommissioning and reclamation of USR24-0027
Solar Energy Facility.USR24-0027 was conditionally approved by the Board of County Commissioners on
May 21,2025.The applicant has submitted the Decommissioning Bond(#9485554)from Fidelity and
Deposit Company of Maryland in the amount of$439,616.00.This is Surety Bond complies 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-
1030.6.4.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.
2025-2849
0/ZO P L Zg5S
,„ ,
eNGie
ENGIE Distributed Renewables Development LLC
225 W Hubbard St,Suite 200
Chicago,IL 60654
September 15,2025
Dear Diana,
Thank you for your continued support on the ground mount solar project located at the Molson Coors site.
Included within this package are:
- Two(2)copies of the decommissioning bond for USR24-0027
Please do not hesitate to reach out to me via any of the avenues listed in my signature should you have any
questions,concerns,or comments.
Tha you, t
Moni Mich reune
Senior Projec Developer
monic micha eune@engie.com
M:(63 347-399
RECEIVED
SEP 2 2 2025
Weld County Planning Department
225 W.Hubbard Street Suite 200,Chicago IL,60654
DECOMMISSIONING BOND
Bond No.:9485554
KNOW ALL MEN BY THESE PRESENTS,THAT WE Engie Distributed Renewables
Development,LLC (Hereinafter called Principal),as Principal and Fidelity and Deposit
Company of Maryland,a corporation duly organized and existing under and by virtue of the laws of
the State of Indiana (hereinafter called"Surety")as Surety,are held and firmly bound unto
Board of County Commissioners of Weld County(Hereinafter called"Obligee"),as Obligee,in the
penal sum of Four Hundred Thousand Six Hundred Sixteen and 00/100($439,616.00 )good and
lawful money of the United States of America,to be paid to the Obligee,for the payment of which,
well and truly to be made,we bind ourselves,our heirs,administrators,executors,successors and
assigns,jointly and severally,firmly by these presents.
WHEREAS,the said Principal has been granted approval by the Board of County Commissioners of
Weld County to construct Keenesburg Solar Project and
WHEREAS,as a condition of said approval,the Principal is required to file security to cover the cost
to remove of all non-utility owned equipment,including the photovoltaic panels,racking system,steel
foundation piles,concrete pads,and electrical equipment to a depth of 3 feet.associated with the plan
agreement,as described in Chapter 23 of the Weld County Code(Code)specifically,Section 23-4-
1030.B4,with effective date March 29,2024.
NOW,THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said
Principal shall comply with the conditions of the Bond as referenced above,then this obligation shall
be void,otherwise to remain in full force and effect.
PROVIDED,HOWEVER,THAT THIS BOND IS EXECUTED BY THE PRINCIPAL AND
SURETY AND ACCEPTED BY THE OBLIGEE SUBJECT TO THE FOLLOWING
EXPRESS CONDITIONS:
1.This bond is effective September 3,2025,and shall remain in full force and effect unless released
by the Obligee
2.The liability of the Surety shall not be discharged by any payment or succession of payments under
this Bond,unless and until such payment shall amount in the aggregate to the penal sum of the Bond,
but in no event exceed the penal sum of the Bond regardless of the number of extensions or years it
may be in effect.
3.That in the case of default of the Principal,the Obligee will give written notice to the Surety within
thirty(30)days thereafter.
4.No right of action shall accrue under this Bond to or for the use or benefit of anyone other than the
named Obligee or its successors or assigns.No assignment by the Principal shall be effective without
the written consent of the Surety.
5.During the term of this Bond,the Surety shall notify both the Obligee and the Principal by certified
mail 120 days before any cancellation of this Bond.If the Principal does not extend the effective date
of this Bond,or establish alternate financial assurance within 90 days after receipt of a cancellation
notice by the Surety,the Obligee may draw on this Bond.
6.All suits,actions on this Bond must be brought within sixty(60)days of the termination of the
Permit or Bond,whichever shall occur first.
7.If any conflict or inconsistency exists between the Surety's obligations as described in the Bond and
as described in the underlying Permit,then the terms of the Bond shall prevail.
8.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 clean-up,wetlands mitigation,remediation
actions or removal or responsibility for any of these pollution risks whatsoever,unless such matters
area direct result of Principal's actions and required as a result of the conditions set forth in the Permit
or for tort liability.
9.No modification of the Permit guaranteed by this Bond shall be binding on the Surety or covered by
this Bond without the written consent of the Surety.
IN WITNESS WHEREOF,said Principal and Surety have caused these presents to be executed in
their names and by their seals to be hereunder affixed on this 4th day of September,2025..
Engie Distributed Renewables Development,LLC
_ Principal
ATTEST By ,J'\ �
—G
Fidelity and Deposit Company of Maryland
Surety
ATTEST aI( el.7 By'a.u:aw\C---L—
Sara Owens Dana Donahue,Attorney-in-Fact
The above terms and conditions of this Bond have been reviewed and accepted by
Boar of r- �;,Commi io ro of Weld enttlje Obligee.
Ackno :ed and AAccce ted:
By: 1. Attest:W °Je1604
ommw Weld CountyClerk to the Board
Printed Name: Ferry L. Buck � � ��
Chair
Title: s- �;y: r-
OCT 20 � .
'�"'� "�� e ut Clerk tot oard
Date: �ca� �,i&6i � .+�i�� P Y
so
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert
D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and
appoint AnnMarie BREENE,Joanne C.WAGNER,Patricia DORSANEO,Cathy H.HO,Patricia A.RAMBO,Sara OWENS,
Kimberly G.SHERROD,Patrick R.BREENE,Babette WARD,Dana DONAHUE,Lori S.SHELTON,Wayne G.MCVAUGH
of Philadelphia,Pennsylvania,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as
surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these
presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New
York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,
Maryland.,and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President han hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY,COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of Febniary A.D.2025.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
• (3 ii.8 ,cl▪ irVe f Jee'V
By:Thomas O.McClennan
Vice President
[ ,,,,,00l.'
By:Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 25th day of February,A.D.2025 before the subscriber,a Notary Public of/be State of Maryland,duly commissioned and qualified,Thomas
O.McClellan,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally lcnown to be the individuals and officers described in and
who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer
of/be Company aforesaid,and that the seals affixed to the preceding instrument nm/be Corporate Seals of said Companies,and that the mid Corporate Seals
and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
ii,
IPA
'";',4.1
Genevieve M.Matson
Notary Public
My Commission Expire January 27,2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies,recognizances,
stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to
affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED:"That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,
1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting
duly called and held on the 10th day of May,1990.
RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 4th day of September , 2025
SCPC. 1
Mary Jean Pethick
Vice Preside.
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
reportsfclaims@zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
•
THE FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
1299 Zurich Way Schaumburg,IL 60196
Statement of Financial Condition
As Of December 31,2024
ASSETS
Bonds.. $181,162,758
Stocks.............................................................................................................................................. 18,212,825
Cash and Short-Term Investments.................................................................................................. 2,411,982
Reinsurance Recoverable................................................................................................................ 20,361,515
Federal Income Tax Recoverable.. 10,150
Other Accounts Receivable............................................................................................................. 26,284,837
TOTALADMITTED ASSETS........................................................................................................$248,444,067
LIABILITIES,SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses.....................................................................................................$ 103,295
Ceded Reinsurance Premiums Payable........................................................................................... 45,005,200
Remittances and Items Unallocated................................................................................................ 0
Payable to parents,subs and affiliates. 0
Securities Lending Collateral Liability............................................................................................ 0
TOTALLIABILITIES...................................................................................................................$ 45,108,495
Capital Stock,Paid Up........................................................................................$ 5,000,000
Surplus................................................................................................................. 198,335,572
Surplus as regards Policyholders. .... ................................................................................. 203,335,572
TOTAL.......................................................................................................................................$248,444,067
Securities carried at$78,636,217 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners.On the basis of
market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2024 would
be$236,552,538 and surplus as regards policyholders$191,444,043.
I,LAURA J.LAZARCZYK,Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st
day of December,2024.
Corporate Secretary
State of Illinois
City of Schaumburg SS:
Subscribed and sworn to,before me,a Notary Public of the State of lllinois,in the City of Schaumburg,this 25.day of February,2025.
1
a'71
Notary Public
—_——Official Seal
KATHERINE R SCHULTZ
Notary Public,State of Illinois ,
Commission No.686903
0 My Commission Expires December 7,2027
2/68
295 Interlocker Boulevard,Suite 300
Broomfield,Colorado 80021
Tel 303.487.1 183
www.swca.com
ENVU2ONMENTAL CONSULTANTS
2/36 Sound Science.Creative Solutions!
March 29,2024
Decommissioning Plan for the Keenesburg Solar Project
ENGIE Distributed Renewables Development LLC(ENGIE)submits this decommissioning plan for the
Keenesburg Solar Project(Project)in accordance with the requirements of the Weld County Zoning
Ordinance listed in Chapter 23 of the Weld County Code(Code)specifically,Section 23-4-1030.B4.
ENGIE is proposing the development of the Keenesburg Solar Project on a parcel approximately 5 miles
northeast of Keenesburg,CO.The property is owned by the Molson Coors Beverage Company(MCBC).
Decommissioning process
ENGIE is the developer of the Project and responsible for the decommissioning of the Project.The
Project's anticipated life span is 28.5 years,and unless the facility is retrofitted for further use,
decommissioning will begin within 12 months after power production has permanently ceased.The
decommissioning of the Project will include the removal of all non-utility owned equipment,including
the photovoltaic panels,racking system,steel foundation piles,concrete pads,and electrical equipment to
a depth of 3 feet.Graveled areas,access roads and fencing will also be removed during the
decommissioning process.After equipment is removed,any holes or voids caused by poles,concrete pads
or other equipment will be filled in with soil to restore the property to a condition reasonably similar to its
condition prior to the development of the Project.All activities related to the decommissioning of the
Project will follow best management practices(BMPs)for stormwater management,erosion control,soil
conservation and reclamation.Decommissioning of the Project will be completed within 12 months of the
start date of the decommissioning work.
Cost estimates
ENGIE estimates the total cost of Project decommissioning will be approximately$439,616 in 2024
($765,382 in 2053).Prior to Project construction,ENGIE will submit an irrevocable-standby letter of
credit,bond,or alternate form of Security in an amount sufficient to fund the estimated costs of the
decommissioning of the Project.This Security will be issued in accordance with the guidelines in Code
Section 23-4-1030.B4(g)as listed below.
o Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of
credit;
o 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;
o Include an automatic extension provision or"evergreen clause";and
o Be"bankruptcy remote,"meaning the Security will be unaffected by the bankruptcy of the SEF
operator.
Keenesburg Solar Decommissioning Plan
A detailed cost estimate will be provided prior to construction,in advance of the Security and will address
the elements listed in Code Section 23-4-1030.B4(f)as listed below.
o All labor,equipment,transportation,and disposal costs associated with the removal of all facility
components from the facility site;
o All costs associated with full reclamation of the facility site,including removal of non-native
soils,fences,and constructed access roads;
o All costs associated with reclamation of any primary agricultural soils at the facility site to ensure
each area of direct impact shall be materially similar to the condition it was before construction;
o All decommissioning/reclamation activity management,site supervision,site safety costs;
o Any other costs,including administrative costs,associated with the decommissioning and
reclamation of the facility site;and
o The estimated date of submission of the Security to Weld County.
This cost estimate will be updated every 5 years from the establishment and submittal of the Security.If
ENGIE has not initiated decommissioning activities within 90 days of the Board of County
Commissioner's order to do so,Weld County will have the right to draw upon the Security provided by
ENGIE to fund the decommissioning of the Project.
2
Resolution
Approve Use by Special Review Permit,USR24-0027,for a Solar Energy Facility
(SEF)outside of subdivisions and historic townsites in the A(Agricultural)Zone
District — Coors Energy Company, c/o ENGIE Distributed Renewables
Development,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 21st day of
May,2025,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of Coors Energy Company,P.O.Box 4030,Golden,Colorado
80402,c/o ENGIE Distributed Renewables Development,LLC,225 West Hubbard Street,
Suite 200,Chicago,Illinois 60654,for Use by Special Review Permit,USR24-0027,for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A(Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the N1/2 of Section 36,Township 3 North,Range 64 West of the
6th P.M.,Weld County,Colorado
Whereas,at said hearing,the applicant was present and represented by John Heule,
SWCA Environmental Consultants, 295 Interlocken Boulevard #300, Broomfield,
Colorado 80021,and
Whereas,Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit,and
Whereas,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the
Weld County Planning Commission,and all of the exhibits and evidence presented in this
matter,and having been fully informed,finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1—The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
ce.Pt_(OE45tJ/DA/KR),CA(lG)ASR(SG) 2025-1275
APPI., PPL,.REP. PL2955
06/25/2S
Use by Special Review Permit,USR24-0027—Coors Energy Company,do ENGIE
Distributed Renewables Development,LLC
Page 2
1) Section 22-2-10.0 states: "Promoting Economic Growth and
Stability.Land use policies have a significant impact on economic
conditions in the County and should be structured to encourage
economic prosperity.To ensure the continued strength of Weld
County's economy,land use processes and decisions based on the
[Comprehensive Plan]shall be consistent and promote financially
responsible growth."The Keenesburg Solar Project(aka Banquet
Solar)is a 7.2 MWAC Solar Energy Facility(SEF)on a 200-acre
parcel owned by Coors Energy Co. The SEF will encompass
approximately 42 acres.This SEF will initially provide construction
jobs and future energy production to Weld County,functions which
directly support economic prosperity. This SEF, being a
power-generating facility,will add variety,stability,and redundancy
to the existing electrical grid.Traditional energy resources are tied to
commodity markets and can vary in demand and output.This facility
can complement and support the economy during times of fluctuating
oil and gas activity.
2) Section 22-2-30.0—Harmonize development with surrounding land
uses.The adjacent land uses include solid waste disposal facilities,
a landfill,a surface coal mine,waste ash and waste rock disposal
facilities,an oil and gas facility,and a substation.There are no
residences within two(2)miles of the site.A seven(7)-foot game
fence will be installed around the site.The SEF is an unmanned
energy development facility and is consistent with the existing
surrounding land uses.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A(Agricultural)Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business,industrial and residential land uses.The A(Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County.The A(Agricultural)Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production,and
for areas for natural resource extraction and energy development,
without the interference of other,incompatible land uses."
2) Section 23-3-40.FF—Uses by Special Review,of the Weld County
Code include,"Solar Energy Facilities(SEFs), being more than
2025-1275
PL2955
Use by Special Review Permit,USR24-0027—Coors Energy Company,do ENGIE
Distributed Renewables Development,LLC
Page 3
five(5)acres in size,but less than 160 acres,in the Near/Urban
Area,as shown on Appendix 21-B,or being more than five(5)acres,
but less than 320 acres,in the Agriculture/Rural Area,as shown on
Appendix 21-B."This code section allows the applicant to apply for
the subject SEF,being located in the Near/Urban Area,as shown by
map in Appendix 21-B.Per Section 23-1-90 of the Weld County Code
the SEF will encumber approximately 42 acres and qualifies as a
SEF USR.There will be three(3)40-foot conex(cargo)containers
onsite for the entire operation of the SEF to store spare parts,tools,
and electrical equipment.Per Code Section 23-3-30.B,two(2)cargo
containers are allowed on a Lot less than 80 acres and five(5)cargo
containers are allowed on a Lot of 80 acres or more.This site is
greater than 80 acres.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses.The adjacent properties are zoned
A(Agricultural) and the surrounding land uses include a solid waste
disposal facility,a landfill,an open pit coal mine and waste disposal,an oil
and gas facility,and a substation.There are no residences within two(2)
miles of the site.There are ten(10)USRs within one(1)mile of the site.
USR-1166 is for a 22-inch pipeline,SUP-439 is for an electrical substation
and 115 kV transmission line,2MUSR19-17-0034 is for a high pressure
natural gas pipe line greater than 12 inches,Amended AMUSR-987 is for a
mineral resource development facility, USR20-0020 is for mining and
mineral processing, USR-959 is for a natural gas compressor station,
USR-1160 is for an open pit coal mine and waste disposal site,
2MUSR21-92-966 is for a solid waste disposal facility,USR14-0080 is for a
solid waste disposal site,and USR-1285 is for an organic recycling facility
(Rattler Ridge Organic Recycling Facility).On June 20,1979,the Board of
County Commissioners (BOCC) approved USR-386, for the
Coors-Keenesburg mine,an open cut mining permit for surface coal mining.
The map for USR-386 was recorded July 2,1980,at Reception#1829039.
On April 20, 1987,the BOCC approved an amendment to USR-386 to
include waste ash disposal in the mined area.AmUSR-386 was recorded
on June 4,1987,at Reception#2102244.A Certificate of Designation(CD)
is required for waste ash disposal and on April 15,1987,a CD was approved
by the BOCC.USR-386 was amended(unofficially)due to the approval of
USR-966,for a sanitary landfill,that overlapped some of the parcels that
were encumbered by USR-386.On October 14,1992,the BOCC approved
USR-966,on the property to the west.This USR-966 map was recorded
May 12, 1995, at Reception#2388294. USR-966 was approved for a
sanitary landfill(a solid waste disposal site)-to be operated by Waste
2025-1275
PL2955
Use by Special Review Permit,USR24-0027—Coors Energy Company,do ENGIE
Distributed Renewables Development,LLC
Page 4
Services Company on the properties to the west of the Coors coal mine;
however,the approved area for the landfill overlapped the land approved
for the Coors coal mine and waste ash disposal site.Prior to Waste Services
Company commencing operation, Coors was required to amend
AMUSR-386 to exclude the area permitted for the landfill from the mine and
waste ash disposal site.The properties that were vacated by Coors(parts
of Section 25,26,and 36 in T3N,R64W)are now part of the landfill,and
according to the historic documents on these two(2)USRs,the land that is
used for the landfill has not been used for coal mining or waste ash disposal.
On November 4,1997,the BOCC approved USR-1160(identified as the
2nd amendment to USR-386).USR-1160 allowed the disposal of mine
waste rock in addition to the surface coal mine and waste ash disposal.
USR-1160 was recorded on February 19, 1998. In conjunction with
USR-1160 the BOCC approved a CD that included all the uses outlined in
the USR-1160 Board Resolution.This CD was approved on January 7,
1998. USR-1160 was partially vacated on December 17,2023,but no
changes were made to the CD in 2023.The 1998 CD and USR-1160 both
encumber the subject site.USR-1160 is required to be partially vacated,
and a new CD is required for the property to the north where the surface
coal mine,the waste ash,and the mine waste rock disposal.No CD is
required on the subject property.USR-1285 was approved by the BOCC on
November 1, 2000, and recorded July 30, 2001, under Reception
#2869949.USR-1285 is located on a 350-acre parcel located just south of
the subject site and was annexed into the Town of Keenesburg under the
Rattler Ridge Annexation,recorded on December 16,2021,at Reception
#4785737.On August 24,2016,USR14-0080 was approved by the BOCC
for the Buffalo Ridge Landfill,for Waste Management of Colorado Inc.,
another solid waste disposal facility that included a Class II Oilfield Waste
Disposal Facility, recorded April 24, 2024, at Reception #4956567.
USR14-0080 is located between the Waste Services Company landfill
(USR-966)and the Coors Coal mine and waste ash disposal facility
(USR-1160).The Weld County Department of Planning Services staff sent
notice to five(5)surrounding property owners(SPOs)within 500 feet of the
proposed USR boundary.No written correspondence or telephone calls
were received. The proposed use is in an area that can support this SEF
and the Conditions of Approval and Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4—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
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Chapter 22 of this Code or master plans of affected municipalities.The site
is located within the three(3)mile referral area of the Town of Keenesburg
and also within the Town's Coordinated Planning Agreement(CPA)area.
As part of the pre-application process the municipality was sent a Notice of
Inquiry(NOI)form.The Town of Keenesburg submitted a NOI dated
December 3,2024,that stated the Town would like to pursue annexation of
the property.The Town also sent an email dated December 9,2024,that
stated,"Coors Energy CO reached out to us to get a Notice of Inquiry form
signed for their solar energy project.On this form,which we signed and
returned, we expressed interest in entering into a pre-annexation
agreement with the applicant,so that there is no push back if and when the
town would like to annex.Today[12/9/24],we met with the applicants,and
we agreed to work through this pre-annexation agreement following the
issuance of the USR permit that they are requesting through the county.
They asked that I reach out to let you know of our discussion,in case there
is any hold up with the permit due to the indication that The Town of
Keenesburg wanted to annex." On February 25, 2025, the Town of
Keenesburg submitted referral agency comments that stated,"The Town of
Keenesburg received an NOI in November 2024 and met with the applicants
for this project on 12/9/24 to discuss possible interest in a pre-annexation
agreement.After reviewing this request,the Town of Keenesburg is no
longer interested in pursuing a pre-annexation agreement and finds no
conflicts with our interests."Per the October 2019,Keenesburg Land Use
Plan future land use map,the site is located within the Industrial land use
designation.
E. Section 23-2-230.B.5—The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by
the County,including the A-P(Airport)Overlay District,1-25 Overlay District,
Geologic Hazard Overlay District,MS4-Municipal Separate Storm Sewer
System area,or Special Flood Hazard Area.Building Permits issued on the
lot will be required to adhere to the fee structure of the County-Wide Road
Impact Fee,County Facility Fee,and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.The site consists of about 147 acres of soils designated as"Farmland
of Statewide Importance"Osgood sand low slopes(0-3%),ten(10)acres
of soils designated as"Farmland of Local Importance"Valent sand low
slopes(0-3%),and 37 acres of soils designated as"Not Prime Farmland"
Valent sand moderate slopes(3-9%),per the USDA Natural Resources
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Conservation Service(NRCS)Custom Soil Report.The facility is about 40
acres in size and is primarily on Osgood sand,which is"Farmland of
Statewide Importance."The proposed use is temporary,and soils will not
be unduly removed from the property.After the lease period,the land will
be able to be returned to historic uses.
G. Section 23-2-230.B.7—There are adequate provisions for the protection of
the health,safety,and welfare of the inhabitants of the neighborhood and
County.The Design Standards(Section 23-2-240,Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code),Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.This proposal has been
reviewed by the appropriate referral agencies and it has been determined
that the attached Conditions of Approval and Development Standards
ensure there are adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and county and will
address and mitigate impacts on the surrounding area with the operation of
this facility.
Now,therefore,be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Coors Energy Company, do ENGIE Distributed
Renewables Development,LLC,for Use by Special Review Permit,USR24-0027,for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A(Agricultural)Zone District,on the parcel of land described above,be,and hereby is,
granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall submit,and receive approval for,a new Certificate of
Designation.
B. The applicant shall submit,and receive approval for,a partial vacation of
USR-1160.
C. The applicant shall submit the new deed showing that the boundary
between Section 25 and Section 36 has been adjusted to place USR-1160
for the coal mine and waste disposal site on a separate parcel from the
Solar Energy Facility.
D. The applicant shall acknowledge the comments from the Division of Water
Resources,as stated in the referral dated March 4,2025.Written evidence
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of such shall be submitted to the Weld County Department of Planning
Services.
E. If water is utilized for dust abatement or during the operation of the SEF,the
applicant shall provide a legal source of water for these uses.Per the
referral comments from the Division of Water Resources,dated March 4,
2025,Well Permit#75493 may not be used for dust control or other water
demands associated with the Solar Energy Facility.
F. The applicant shall acknowledge the comments from the Colorado Parks
and Wildlife,dated February 12,2025.Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
G. The applicant shall acknowledge the comments from the Public Service
Company of Colorado(Xcel),dated February 18,2025.Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0027.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment,power lines,structures,
temporary work trailers,storage containers(limited to two[2],per
Section 23-3-30.13 of the Weld County Code),storage areas and
miscellaneous improvements,as applicable.Clearly indicate which
equipment and structures are temporary for use during construction
and which items are permanent.
6) The applicant shall show and label the required fencing,gates and
any emergency and site identification signage,in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code.Include fence and sign specification details on the
map.Refer to the Weld County Sign Code,as amended.
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7) The applicant shall show and label the location of the temporary trash
collection areas,if applicable.Include specification details on the
USR map.Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
8) The applicant shall show and label any on-site lighting,if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties.Include lighting specification
details on the USR map.Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall show and label any planned oil and gas surface
development areas,corridors,access roadways,for example,part of
any executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or Reception
number and recording date.
11) County Road 61 is an unmaintained section line right-of-way.The
applicant shall verify and delineate the unmaintained right-of-way
from the parcel to,and including,the connection to CR 59.Reference
the documents creating the right-of-way on the map.All setbacks
shall be measured from the edge of the right-of-way.This road is not
maintained by Weld County.Any unmaintained road needs to be
located/identified in relationship to the right-of-way.Show and label
the section line right-of-way as,"CR 61 Section Line Right-of-Way,
not County maintained."
12) This portion of County Road 59 is under the jurisdiction of the Town
of Keenesburg. Please contact the municipality to verify the
right-of-way.Show and label the right-of-way.Show the approved
access on the site plan and label with the approved Access Permit
number,if applicable.
13) The applicant shall show and label the drainage flow arrows.
14) 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
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shall submit a USR map along with all other documentation required as Conditions
of Approval.The USR 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 USR map and additional requirements shall be submitted within 120 days from
the date of the Board of County Commissioners Resolution.The applicant shall be
responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code,should the map not be
recorded within the 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. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded.Activity shall not occur,nor shall any Building
or Electrical Permits be issued on the property,until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit,bond,or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs,required by Section 23-4-1030.B.4 of
the Weld County Code,for acceptance and approval by the Weld County
Board of County Commissioners.Once approved,the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
C. The applicant shall submit the Interconnection Agreement.
Use by Special Review Permit
Development Standards
Coors Energy Company,
c/o ENGIE Distributed Renewables Development,LLC
USR24-0027
1. Use by Special Review Permit,USR24-0027,is for a Solar Energy Facility(SEF)
outside of subdivisions and historic townsites in the A(Agricultural)Zone District,
subject to the Development Standards stated hereon.
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2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The Use by Special Review Permit shall be valid for three(3)years from the date
of approval.If the site is not selected for being a participant in any community solar
program the permit shall expire on the anniversary date of Board of County
Commissioners approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
5. The facility is unmanned and will operate year-round,according to the application
materials.Limited maintenance personnel may visit the site,once operational.
6. Height limitation.Ground-mounted solar collectors shall not exceed 25 feet in
height,measured from the highest grade below each solar panel,to the highest
extent of the solar panel rotation,per Section 23-4-1030.C.1 of the Weld County
Code,as amended.
7. Glare.A SEF shall be designed,located,or placed so that concentrated solar glare
from its solar collectors will not be directed toward,or onto,nearby properties or
roadways,at any time of the day,per Section 23-4-1030.C.2 of the Weld County
Code,as amended.
8. Setbacks. The Improved Area of the SEF shall conform to the setback
requirements of the underlying zone.Additionally,the improved area must be at
least 500 feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development.The residential setback requirement may
be reduced if appropriate screening,through landscape or an opaque fence,is
installed,or upon submittal to Weld County of a waiver or informed consent,signed
by the residence owner,agreeing to the lesser setback.If landscaping or opaque
fencing is substituted for setback,a Landscaping Plan or Fencing Plan shall first
be submitted to,and approved by,the Department of Planning Services,per
Section 23-4-1030.C.3 of the Weld County Code,as amended.
9. The existing and proposed landscaping and screening on the site shall be
maintained in accordance with the approved Landscape and Screening Plan.
Required landscaping and screening shall be installed within one(1)calendar year
of issuance of a Building Permit or commencement of use,whichever occurs
sooner.Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality,at the earliest possible time.
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10. Dust mitigation.The operators of the SEF shall continuously employ the practices
for control of fugitive dust,detailed in the accepted Dust Mitigation Plan,per
Section 23-4-1030.C.4 of the Weld County Code,as amended.
11. Underground cables.All electrical cables on the improved area shall be buried,
except for direct current string wires that connect between solar collectors,and
direct current collection circuits between rows of solar arrays that are no more than
four(4)feet above grade crossings,substations,switchyards,and circuit voltages
greater than 34.5 kilovolts,where necessary,per Section 23-4-1030.C.5 of the
Weld County Code,as amended.
12. Fencing.The SEF shall be enclosed with a security fence,as approved,pursuant
to the Fencing Plan shown heron.Appropriate signage shall be placed upon such
fencing that warns the public of the high voltage therein,per Section 23-4-1030.C.6
of the Weld County Code.All signs shall adhere to the adopted Weld County Sign
Code,as amended.
13. Stormwater management.The Operator of the SEF shall comply with the approved
Final Drainage Report and the required Storm Drainage Criteria pursuant
to Chapter 8,Article XI of this Code.Ground-mounted solar collector systems shall
be exempt from impervious surface calculations if the soil under the collectors is
designated hydrologic A or B soil groups by the NRCS,per Section 23-4-1030.C.7
of the Weld County Code,as amended.
14. Existing irrigation systems.The nature and location or expansion of the SEF must
not unreasonably interfere with any irrigation systems on,or adjacent to,the solar
facility,per Section 23-4-1030.C.9 of the Weld County Code,as amended.
15. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
Per Section 23-4-1030.B.4.h of the Weld County Code,as amended.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 and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
16. The site shall be maintained in accordance with the accepted Property
Maintenance Plan.
17. All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code.
18. The property owner shall maintain compliance with the Decommissioning Plan.
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19. The property owner or operator shall be responsible for controlling noxious weeds
on the site,pursuant to Chapter 15,Articles I and II,of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public
road,including damages and/or off-site tracking.
21. Any work that may occupy and/or encroach upon any County rights-of-way or
easement,to include traffic use,shall acquire an approved Right-of-Way Use
Permit,prior to commencement.
22. Weld County is not responsible for the maintenance of on-site drainage related
features.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. During construction,all liquid and solid wastes(as defined in the Solid Wastes
Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and
removed for final disposal in a manner that protects against surface and
groundwater contamination.
25. During construction,no permanent disposal of wastes shall be permitted at this
site.This is not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,
C.R.S.§30-20-100.5.
26. During construction,waste materials shall be handled,stored,and disposed of in
a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,
and other potential nuisance conditions.The facility shall operate in accordance
with Chapter 14,Article I of the Weld County Code.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
28. 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.
29. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
30. Building Permits may be required for any new construction,set up of manufactured
structures,or change of use of existing buildings,per Section 29-3-10 of the Weld
County Code.Buildings and structures shall conform to the requirements of the
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various codes adopted at the time of permit application.Currently,the following
have been adopted by Weld County:2018 International Codes,2018 International
Energy Conservation Code,2023 National Electrical Code,and Chapter 29 of the
Weld County Code.A Building Permit application must be completed and two(2)
complete sets of engineered plans,bearing the wet stamp of a Colorado registered
architect or engineer,must be submitted for review.A Geotechnical Engineering
Report,performed by a Colorado registered engineer,or an Open Hole Inspection
shall be required.A Building Permit must be issued prior to the start of construction.
31. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee,County Facility Fee,and Drainage
Impact Fee Programs.
32. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700,as amended.
33. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three(3)years from the date of approval,unless otherwise
specified by the Board of County Commissioners when issuing the original Permit,
or the Permit shall be vacated.The Director of the Department of Planning
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Services may grant an extension of time,for good cause shown,upon a written
request by the landowner.
38. 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.
39. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit,a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated,for good cause shown.The landowner shall be notified at least ten(10)
days prior to the hearing.If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit,then the termination becomes final,and the Use by
Special Review Permit is vacated.
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 May,A.D.,2025:
Perry L.Buck,Chair:Excused
Scott K.James,Pro-Tem:Aye
Jason S.Maxey:Aye ,(01
Lynette Peppier: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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