HomeMy WebLinkAbout20230664.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0025, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, 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
December, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Arthur Griffiths, 9216 County Road 48.5, Johnstown, Colorado 80534,
c/o CBEP Solar 7, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0025, for a Solar Energy Facility (SEF) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Lot Line Adjustment, LLA22-0035, being
part of the N1/2 S1/2 of Section 3, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rebecca Gallery,
404 Wood Street, Fort Collins, Colorado 80521-1951, CBEP Solar 7, LLC, P.O. Box 1255,
Sterling, Colorado 80751, and
WHEREAS, pursuant to Condition of Approval #5.A of the Resolution of USR22-0025,
Green Street Power Partners, LLC, on behalf of CBEP Solar 7, LLC, 1 Landmark Square,
Suite 320, Stamford, Connecticut 06901, has presented the Board with a Decommissioning Plan
for said USR, and requests the Board accept Surety Company Annually Renewable
Decommissioning Bond #PB02230800592, insured through Philadelphia Indemnity Insurance
Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of
$329,206.88, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation
of said solar energy facility, and
WHEREAS, staff recommends approval of the Decommissioning Plan and acceptance of
Surety Company Annually Renewable Decommissioning Bond #PB02230800592, since they
comply with Section 23-4-1030.B.4 of the Weld County Code and will satisfy Condition of Approval
#5.A of the Resolution of USR22-0025.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Decommissioning Plan, be, and hereby is, approved and
accepted.
4886658 Pages: 1 of 2
03/15/2023 10:43 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
C C : PL (TP/PA/xm /KR/ DA)
03/21/23
2023-0664
PL2848
APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR22-0025) -
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety
Company Annually Renewable Decommissioning Bond #PB02230800592, insured through
Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd,
Pennsylvania 19004-0950, in the amount of $329,206.88, guaranteeing maintenance,
replacement, removal, relocation, and/or reclamation of said solar energy facility as permitted and
operated under USR22-0025, be, and hereby is, approved and accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d&A.,„ w;„k
Weld County Clerk to the Board
County = torney
Date of signature: 03/14 /23
4886658 Pages: 2 of 2
03/15/2023 10:43 AM R Fee:$0.00
iillitieliciiiiiWilraidUAliciikilicilimi
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Mik
Perry L. B
man, Chair
Pro-Tem
2028-0664
PL2848
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (USR22-0025)
DEPARTMENT: Planning Services
PERSON REQUESTING: Diana Aungst
DATE: 02.23.2023
Brief description of the problem/issue:
CBEP Solar 7, LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The
applicant submitted the decommissioning and reclamation plan for USR22-0025 the Griffiths #2 Solar Energy
Facility. USR22-0025 was conditionally approved by the Board of County Commissioners on December 21,
2022. The attached Surety Bond meets the intent of Condition of Approval #5.A of the resolution. The Surety
Bond meets the requirements of Section 23-4-1030 B of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the
surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #5.A of
resolution 2022-3457.
keit? &ay__
i/t/ Feekt Pel mr
&c,) e. SkAk45
Kevin Ross
Lori Saine '" -frittinAcc-e_/
Approve
Schedule
Recommendation Work Session
Other/Comments:
2023-0664
53/OW PLZ(-1%
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Approve recommendation.
Scott James
Thursday, February 23, 2023 9:43 AM
Cheryl Hoffman
Scott James; Kevin Ross; Lori Saine; Karla Ford; Esther Gesick
Re: Pass around - Please review
Follow up
Flagged
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Feb 23, 2023, at 9:37 AM, Cheryl Hoffman <choffman@weld.gov>wrote:
Hi Commissioners,
Could you please review and let me know if you approve?
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
<USR22-0025 PASS AROUND - SURETY BOND.doc>
1
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Approve
Kevin Ross
Kevin Ross
Thursday, February 23, 2023 10:39 AM
Scott James; Cheryl Hoffman
Scott James; Lori Saine; Karla Ford; Esther Gesick
Re: Pass around - Please review
From: Scott James <sjames@weldgov.com>
Sent: Thursday, February 23, 2023 9:42:49 AM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: Scott James <sjames@weldgov.com>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weldgov.com>; Karla Ford
<kford@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: Re: Pass around - Please review
Approve recommendation.
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Feb 23, 2023, at 9:37 AM, Cheryl Hoffman <choffman@weld.gov>wrote:
Hi Commissioners,
Could you please review and let me know if you approve?
Cheryl L. Hoffman
Deputy Clerk to the Board
1750 O Street/P.O. Box 758
Greeley, CO 80632
1
Cheryl Hoffman
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley Co 80632
Phone: 970-40O-4205
Fax: 970-336-7233
Email: IsaineOweldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Thursday, February 23, 2023 2:03 PM
Cheryl Hoffman
RE: Pass around Please review
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Thursday, February 23, 2023 9:38 AM
To: Scott James <sjames@weldgov.com>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weldgov.com>
Cc: Karla Ford <kford@weld.gov>; Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: Pass around - Please review
Hi Commissioners,
Could you please review and let me know if you approve?
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldpov
1
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Hi Karla and Cheryl:
Diana Aungst
Wednesday, February 22, 2023 4:55 PM
Karla Ford; Cheryl Hoffman
Pass around for USR22-0025 collateral
Griffiths 2 Decommissioning Plan rev.pdf; BOCC RESO USR22-0025.pdf; Bond for
USR22-0025 PB02230800592.pdf; USR22-0025 PASS AROUND - SURETY BOND.doc
Flag for follow up
Flagged
Hope you both are staying warm. I have a USR collateral hearing to set up for USR22-0025. The pass around
for the Commissioners to sign is attached. I couldn't remember who was the chair pro-tem.
Cheryl: If you could please send me some dates for the applicant to consider for this hearing.
Thanks all!
Diana Aungst
Planner 1I, AICP
We are moving! Starting March 10, 2023 the Weld County Department of Planning Servides will be at 1402 N.
171/ Avenue, Greeley.
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daunast@weld. oov
www. weld. oov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
TRC
To:
Mr. Zach Brammer and Alec Shobe
CBEP Solar 7, LLC
4845 Pearl East Circle St. 118 #53242
Boulder, Colorado 80301
Weld County
Planning Department
1150 O Street P.O. Box 758
Greeley, CO 80631
RE: Decommissioning Plan
700 Highlander Blvd., Suite 210
Arlington, TX 76015
T 817.522.1000
TRCcompanies.com
February 13, 2023
TRC Engineers, Inc. (TRC) is pleased to provide this decommissioning cost estimate to the Weld County for the
5 -megawatt (MW) ground -mounted photovoltaic system on approximately 25.97 acres (enclosed within a fence)
on a 90.42 -acre parcel located in Weld County, Colorado (the Project). The attached decommissioning cost is
prepared under the responsible charge of and has been reviewed by a Professional Engineer licensed in Colorado.
This opinion of probable costs is based on the engineer's experience in the design and construction of energy
facilities and is subject to final engineering. Costs have been split between plant disassembly, and site restoration
which reflect the overall decommissioning process. This opinion assumes a third -party contractor, experienced in
the construction and decommissioning of PV facilities will lead the effort. The reported costs include labor,
materials, taxes, insurance, transport costs, equipment rental, contractor's overhead, and contractor's profit as
applicable. Labor costs have been estimated using regional labor rates and labor efficiencies from RS Means
along with previous decommissioning plan estimates completed for other similar projects.
The PV facility will be disassembled by removing all above and below grade components. This includes, but not
limited to, complete removal of asphalt and gravel surfaces and site concrete, along with the removal of above
ground and any buried cables and all underground conduits. These costs include the regrading and reseeding of all
disturbed removal areas, as well as the backfilling and stabilization of all trenches. In addition, other costs
associated with the decommissioning and reclamation of the facility site, such as administrative costs, are
included.
The decommission estimate includes labor costs in 2023 and will be updated in five (5) years. This estimate has
been prepared using accepted practice and the best information readily available at the time of preparation.
Sincerely,
TRC Engineers, Inc.
Kelsey l laisdell, P.E.
Principal Engineer
February 13, 2023
Date
DECOMMISSIONING COST ANALYSIS
DESCRIPTION OF ITEM
QUANTITY
UNIT
UNIT COST
TOTAL COST
(2022)
LOGIC
I. DISASSEMBLY & DISPOSAL
EA
1.0 Disconnect of Electrical System
2.0 PV Modules
1
11,112
EA $
EA $
1,200.00
5.17
$ 1,200.00
$ 57,449.04
*Assumes one 10 hr day fora qualified lineman.
*Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove -250 panels/day.
3.0 Inverters)
4.0 Transformer(s)
40
4
EA
EA
$ 215.48
$ 1,586.13
$ 8,619.20
$ 6,344.52
.Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 6/day.
"RS Means 260505101570, 750 kVA.
5.0 Racking Frame (SAT)
6.0 Racking Posts
198
1,587
EA
EA
$ 16.16
$
$ 3,199.68
.Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day.
*Use
7.0 Tracker Motors
8.0 LV Wiring
198
52,068
EA
LF
16.16
$ 10.49
$ 1.40
$ 25,645.92
$ 2,077.02
$ 72,895.20
Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day.
"Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip. Oper. (crane); .5 S.P. Crane, 4x4, 5 ton) _ $839.32. Assume crews can remove 80/day.
"RS Means 260505100390 #10, 3 wire Romex.
9.0 MV Wiring
10.0 Fence
3,235
6,930
LF
LF
$ 0.57
$ 2.59
$ 1,843.95
$ 17,948.70
*RS Means 2605051019404/0, THW-THWN-THHN ($57.27/CLF).
.Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 500 LF/day.
11.0 20' Gates
12.0 4' Gate
2
EA
EA
$ 201.05
$ 67.38
$ 402.10
$ 67.38
*RS Means 024113620400.
"RS Means 024113620100.
13.0 Concrete
14.0 Gravel (Access Road)
226
1,570
CY
CY
$ 67.16
$ 21.30
$ 15,178.16
$ 33,441.00
.Use Crew B -3B (2 Laborers; 1 Equip Oper; 1 Truck Driver; 1 Backhoe; 1 Dump Trk) _ $3,358/day. Assume crews can remove 50 CY/day.
.Use Crew B-17 + 4 trucks (2 Laborers; 1 Equip Open, 4 Truck Driver; 1 Backhoe; 4 Dump Trk) _ $6,390/day. Assume 300 CY/day, 1hr cycle.
15.0 Asphalt Driveway Apron
Sfi
SV
$ 13.62
$ 1,171.32
.Use Crew B-38 (1 Labor foreman; 2 Laborers; 2 Equip 0per; 1 Backhoe; 1 Hyd Hammer; 1 F.E. Loader; 1 Pvmt Rem Bucket) _ $4,429/day, R5 Means
024113175050 ($10.21/SY 4-6. in depth)
16.0 Removal of Utility Pales
17.0 General Conditions
3
MW
EA
1
$ 375.00
$ 3,000.00
$ 1,125.00
Estimate includes labor and all required tools and vehicles.
.Use
SUBTOTAL
$ 3,000.00
$ 248,608.19
Crew B -3B (2 Laborers) 2 days with required equipment for removal
II. SITE RESTORATION
1.0 Re -Seeding (includes
40
AC
$
*Cost
seed)
2.0 Re -Grading
1,603
SY
2,000.00
$ 0.23
SUBTOTAL
$ 80,000,00
$ 598.69
$
includes: (Seed: 4-7 species (native types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man & machine).
*RS Means 312216103300
TOTAL DEMOLITION COSTS
80,598.69
$ 329,206.88
Le end:
"= Costs derived from R5 Means Heavy Site estimating manual (assume 10 hr shift)
DECOMMISSIONING QUANTITIES
DESCRIPTION OF ITEM
QUANTITY
I. DISASSEMBLY & DISPOSAL
1.0
Disconnect of Electrical System
EA
1
2.0
PV Modules
EA
11,112
Ref. Site Plan Project Summary Table
3.0Inverter(s)
EA
40
"
4.0
Transformer(s)
EA
4
"
5.0
Racking Frame (SAT)
EA
198
Each SAT frame contains "'56 modules (round up)
6.0
Racking Posts
EA
1,587
Each frame consists of 8 posts
7.0
Tracker Motors
EA
198
One tracking motor per SAT frame
8.0
LV Wiring
LF
52,068
Use Length of each array row x 1.15 for connections
9.0
MV Wiring
LF
3,235
Use Length between farthest Inverter/Transformer pad to POI x 1.3 (1 -phase system)
10.0
Fence
LF
6,930
Ref. Site Plan
11.0
20' Gates
EA
2
"
12.0
4' Gate
EA
1
"
13.0
Concrete
CY
226
2 equipment pads (21'x43') fence/gate footings, round up
14.0
Gravel (Access Road)
CY
1,570
Access drive 8" stone
15.0
Asphalt (Access Road)
SY
86
Access apron
16.0
Power Poles (Customer Owned)
EA
3
Ref. Site Plan
17.0
General Conditions
(Geo liner removal; other misc. items)
MW
1
Assume 1 Man Week for disturbed area
I. SITE RESTORATION
1.0
Re -Seeding
AC
40
Assume overall solar site as limit of disturbance during construction
2.0
Re -Grading
CY
1,603
Use volume of access road and vegetated swales below existing grade
III. SALVAGE
1.0
PV Modules
EA
11,001
Assume 99% material salvage
2.0Inverter(s)
EA
40
3.0
Transformer(s)
LBS
4
4.0
Tracker Motors
EA
198
5.0
Racking Frame (Fixed Tilt)
LBS
275,816
Each Racking Frame weighs approximately 1390 lbs.
6.0
Racking Posts
LBS
120,010
Max. Array Ht.= 10': So High Post = 9' exposed; Low Post = 4.5' exposed. Avg. exposed
ht.= 6.75' (say 7').
4" dia. Structural pipe = 10.8 Ibs/ft. Avg. wt. per post = 75.6 lbs. Assume worst case
with Sonotube below grade = no salvage value.
7.0
LV Wiring
LBS
33,844
Use 0.65 Ibs/LF
8.0
MV Wiring
LBS
6,276
Use 1.94 Ibs/LF
9.0
Chain Link Fence and Gates
LBS
22,432
Use 3.2 Ibs/LF of fence
BOND # PB02230800592
Surety Company
Annually Renewable Decommissioning Bond
KNOW ALL MEN BY THESE PRESENTS: That Green Street Power Partners. LLC on behalf of GBEP Solar 7. LLC (hereinafter called the Principal),
and Philadelphia Indemnity Insurance Company Surety Company (hereinafter called the Surety), are held and firmly bound unto
Weld County (hereinafter called the Obligee), in the full and just sum of
Three Hundred Twenty Nine Thousand Two Hundred Six Dollars and 88/100 Dollars ($329,206.88 ), the payment of which sum, well and truly to be made, the
said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the .Principal has by written agreement dated the 27th day of October , 2022 entered into a Contract with the Obligee
Decommissioning Plan for PV facility located at Parcel No. 105903300004 in Weld County, Colorado
for which contract is hereby referred to and made a part hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a ,period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform
each and every obligation in said Contract at the tithe and in the manner specified during the term of this bond, and shall reimburse said
Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be
void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, That this bond is subject to the following conditions:
1.
This bond is for the term beginning January 31, 2023 and ending January 31, 2024 . The bond maybe extended for
additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non -renewal by the surety,
nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond.
2. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written statement of the facts of such
default, within thirty (30) days of the occurrence. In the event of default, the Surety will have the right and opportunity, at its sole
discretion, to: a) cure the default; b) assume the remainder of the Contract and to perform or sublet same; c) or to tender to the
Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal
sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the
Principal.
3. No claim, action, suitor proceeding, except as hereinafter set forth, shalt be had or maintained against the Surety on this instrument
unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond term.
4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the
heirs, executors, administrator or successors of Obligee.
S. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought
against this bond and regardless of the number of years this bond remains in force.
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in
the underlying document, then the terms of this bond shall prevail.
7. This bond shall not bind the Surety unless the bond is accepted by the Obligee, The acknowledgement and acceptance of this bond
is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this
bond shall be deemed null and void.
Signed and sealed this
31st day of January , 2023
PRINCIPAL:
Green Street Power Par --rs, LLC behalf of
CBEP Solar 7, LLC j
By:
(name & title) SCIIWM'," Mlo0aq
(seat)
•,:\�,o ,,.....,,,vat.,,
SURETY:
Philadelphi ndemnity Insurance Compel d "';
le House Attomeyy-•inh6t,,,;.!"`"•,
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE
(OBLIGEE).
ACKNOWLEDGED AND ACCEITEDY OBLIGEE:
BY:
PRINTED NAME/TITLE: Mike Freeman, BOCC Chair
DATE: 03/08/2023
PLEASE RETURN A COPY OF ACCEPTED BOND TO:
Green Street Power Partners, LLC on behalf of CBEP Solar 7, LLC
1 Landmark Square, Ste 320, Stamford, CT 06901
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
Surety Bond Number: PB02230800592
Principal: Green Street Power Partners, LLC on behalf of CBEP Solar 7, LLC
Obligee: Weld County
KNOW ALL PERSONS BY THESE PRESENTS: "Iltat PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania., does hereby constitute and appoint Trade House its true and lawful Attorney -in -fact with
full authority to execute on its behalf bonds, undertakings, recognie,tnces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the
course of its business and to bind the Company thereby, in a.n amount not to exceed $70,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHII..ADEi..PHiA INDEMNITY INSURANCE COMPANY on the l4'h of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (i) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such ofliccrs and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEAI,TO BE AFFIXED IXED BY I'F`S AUTHORIZED OFFICE 9T} DAY OF MARCH, 2021.
(Seal)
Joh14 °tomb, President & CEO
Philadelphia indemnity Insurance Company
On this 5''' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PiIII..ADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Commonwealth of PenneyNante - Notary See!
Vanenas Mckenzie, Notary Public
MontgomeryCourtty
My eommlesion explru November 3.2024
Commission number 1366304
Member. P..syNam.Arsodo0on of NM.
Notary Public:
residing at:
My commission expires:
Bala Cynwyd, PA
November 3, 2024
I. Edward Sayago, Corporate Secretary of PIIILADELPIiIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 5:t day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glotob, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPIIiA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 31st day of January 2023
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0025, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ARTHUR GRIFFITHS, CIO CBEP SOLAR 7, 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
December, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Arthur Griffiths, 9216 County Road 48.5, Johnstown, Colorado 80534,
c/o CBEP Solar 7, LLC, P.O. Box 1255, Sterling, Colorado 80751 for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0025, for a Solar Energy Facility (SEF) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Lot Line Adjustment, LLA22-0035, being
part of the N1/2 S1/2 of Section 3, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rebecca Gallery, 404
Wood Street, Fort Collins, Colorado 80521-1951, CBEP Solar 7CBEP SOLAR 7, LLC, P.O.
Box 1255, Sterling, Colorado 80751, 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 23-2-230.8.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
cc:PLO-10. 1/DA/DA),CAC66),APPL.,
A PPL. REP.
001.123
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County's economy, land use processes and decisions based on the
(Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility will provide
short-term construction jobs and long-term energy production to
Weld County, which directly support economic prosperity. The
Solar Energy Facility, 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) 22-2-30.C states: "Harmonize development with surrounding land
uses." The proposed facility is unmanned and the two (2)
residences within 500 feet are owned by the applicant, which
reduces future conflicts. No screening or landscaping is proposed
for this project.
3) 22-2-60.B states: "Support responsible energy and mineral
development." According to the application, the Solar Energy
Facility will connect into the existing Xcel Energy distribution line,
per the Xcel Energy Interconnection Agreement executed on
January 25, 2022.
B. Section 23-2-230.8.2 — 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 includes, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size but less than one -hundred sixty (160) acres in
the Near/Urban Area as shown on Appendix 21-B, or being more
than five (5) acres but less than three -hundred twenty (320) acres
in the Ag/Rural Area as shown on Appendix 21-B." This Code
section allows the applicant to apply for the subject Solar Energy
Facility, being located in the Near/Urban Area as shown by map in
Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a
"Solar Energy Facility" means: "a commercial facility whose primary
purpose is to supply electricity and consists of one or more solar
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arrays and other accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 22 acres and qualifies as an SEF USR.
This USR facility will also include two 10 -foot x 40 -foot storage
containers for construction and operation usage. In accordance
with Section 23-3-30.B of the Weld County Code, up to two (2)
cargo containers per legal lot of less than 80 acres, and up to
five (5) cargo containers per legal lot of 80 or more acres, may
be allowed as an Accessory Use, as long as the cargc containers
remain in compliance with Chapter 23, Division 16,
Section 23-4-1100.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorperated lands
surrounding the site are zoned A (Agricultural). The property is also
adjacent to the corporate limits of the Town of Milliken, partially on the south
and east boundaries. The surrounding uses are either vacant or utilized for
agricultural activities. The residence on the subject property is
approximately 250 feet from the Solar Energy Facility and the residence on
the site to the east is approximately 200 feet from the Solar Energy Facility.
The property to the east is owned by the applicant. There are other
residences in the area; however, but they are not closer than 500 feet to
the facility.
There are eight (8) USRs within one (1) mile of the site. USR-823 for 230 kV
electric transmission lines is west of and adjacent to the site. USR-1281 for
a 150 -foot -tall telecommunications tower; USR-1142 for a recreational
facility; MUSR18-0003 fora substation and 115 kV antennas; and USR-222
(SUP -222) for spray ponds are located south of the site. USR-1706 for a
16 -inch natural gas pipeline; USR-52 (CUP -52) for a golf course (Mad
Russian); and USR-1277 for herbal products processing are all located
north of the site.
Weld County Department of Planning Services staff sent notice to
seven (7) surrounding property owners 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 development, and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23 -2 -230.B.4 —The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA)
for the Towns of Johnstown and Milliken. As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI). The Town
of Johnstown submitted a Notice of Inquiry, dated March 14, 2022, stating
they wish to annex the site, and included a letter that listed four (4)
Conditions of Approval, including a request for dedication of right-of-way
and clear identification of the 30 -foot sanitary sewer easement. The Town
of Milliken submitted a Notice of Inquiry, dated March 16, 2022, stating that
they also wish to annex the site.
Mr. Zach Brammer with Cloud Break Energy (the authorized agent) replied
to the Town of Johnstown's request to annex with an email, dated
March 29, 2022. The authorized agent also sent an email, dated March 17,
2022, with similar content, to the Town of Milliken. Planning Staff reached
out to both the Towns of Milliken and Johnstown and they each stated they
are not asking for pre -annexation agreements.
The site is located within the three (3) mile referral area of the Towns of
Johnstown and Milliken and the City of Greeley. The City of Greeley
submitted a response, dated September 1, 2022, stating they have no
comments. The Towns of Johnstown and Milliken did not submit referral
agency comments.
The site is located within the future land use areas for both the Town of
Johnstown and the Town of Milliken. The 2021 Johnstown Future Land Use
Map identifies the site as High Density/Intensity (HDI) and Medium
Density/Intensity Development (MDI). The 2021 Johnstown Area
Comprehensive Plan states the intent and desired character of the HDI will
be generally characterized by a high percentage of nonresidential uses,
with some residential possibly integrated into larger development areas.
These HDI corridors and nodes will accommodate and experience larger
volumes of traffic and be located along busy arterial and highway corridors,
especially at interchanges and intersections.
These areas are intended to provide high -quality, high -visibility locations
for retail, office, and employment activities, with some light industrial uses
that can appropriately mitigate impacts and contribute to the employment
base. These areas will have taller, larger -scale structures, a wider span of
business hours, large parking areas, and a mix of uses that create
economic synergies. Gathering spaces, entertainment venues, and
walkable and enjoyable retail areas may be located adjacent to larger "big
box" retailers. Town Gateways will also benefit from these HDI locations
where most travelers may first be made aware that they are in Johnstown.
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According to the Framework Plan Map for the Town of Milliken, included in
the Town's Comprehensive Plan, dated February 2016, the site is
designated in the Future Land Use Category of 'Agriculture'. The Town of
Milliken's Comprehensive Plan states Agriculture is primarily used for
farming, ranching, and other agriculturally related uses and secondarily
used for low density (rural) residential. The Agriculture Land Use Category
contain areas that are not anticipated to be developed within the 20 -year
planning horizon, provide for the continuation of agricultural uses within the
context of both market demand and the desires of individual property
owners, and limits residences to those for owners/operators of the
agricultural enterprise.
E. Section 23-2-230.B.5 — The property is not located within the County,
including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic
Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Historic Townsites Overlay District, or Agricultural Heritage Overlay
District. There is a small portion of the property located within the Special
Flood Hazard Area along the south edge of the ditch. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 15 acres of Vona
Sandy Loam with 1-3% slopes and 13 acres of Otero Sandy Loam with
3-5% slopes. The entire facility will be located on soils designated as
"Prime Farmland of Statewide Importance". The proposed use of the
property for an SEF will not remove topsoil from the property. After the life
of the Solar Energy Facility, the land may be retumed to historic uses. The
land was irrigated and used for crops in 2021. In 2022, the property owner
leased their water to a neighbor and planted a sheep -friendly seed mix in
order to establish the pasture ahead of the sheep grazing that is set to
begin next year. The landowner still has water rights and will be irrigating
the sheep forage on his land.
G. section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. Those agency
referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to
protect the interests of the County, public and other governmental
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Arthur Griffiths, c/o CBEP Solar 7, LLC, fora Site Specific
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Development Plan and Use by Special Review Permit, USR22-0025, 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 attempt to address the comments of the Front Range
Fire Rescue, as stated in the referral response, dated August 31, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall attempt to address the requirements of the Town of
Johnstown, as stated in the Notice of Inquiry response letter, dated
March 14, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall attempt to address the comments of the Little
Thompson Water District, as stated in the referral response, dated
September 20, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. A Road Maintenance Agreement (Construction) is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes during construction.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0025.
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
five [5], per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
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County Code. Include fence and sign specification details on the
map.
7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
8) 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 the Big Thompson and South
Platte Ditch.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumorances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
11) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement.
12) 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.
13) County Road 48.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
14) The applicant shall show and label the existing proposed access
point onto County Road 48.5 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development
Review will consider the access location as a part of the plat
submittal.
15) 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
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distance from the gate to the edge of the traveled surface be less
than 35 feet.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one(1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee 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. The approved access and tracking control shall be constructed prior to
on -site construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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D. If there is any disturbance/construction in the floodplain a Floodplain
Development Permit is required.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management. The Plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Weld County Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ddayu JC1toiK
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVED AS TO FOR
+•County Attorney
Date of signature: O1 /1 I/23
S6otttt K. James, Chair
..cc,e Pro -T
erry L. Bu
teve Moreno
Lori Saine
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PL2848
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
USR22-0025
Site Specif r Development Plan and Use by Special Review Permit, USR22-0025, is for a
Solar Enegy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel will visit the site once operational.
4. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management, to the Department of Planning Services.
5. 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.
6. 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.
7. 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 Fercing 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.
8. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended.
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PAGE 2
10. 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.
11. 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 Natural Resources Conservation Service (NRCS), per Section
23-4-1030.C.7 of the Weld County Code, as amended.
12. 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.
13. 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/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic contrd devices.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
19. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
20. The historical flow patterns and runoff amounts on the site will be maintained.
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PAGE 3
21. 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.
22. 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.
23. 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.
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construcion of the facility.
25. 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Maps #08123C -1684F and 1703F, issue date
March 23, 2022 (Big Thompson River Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
29. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), 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 Chapter 29 of the Weld County Code, and the
adopted Codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and the 2020 National Electrical Code.
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30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
35. 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 ofCounty 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 Rev ew Permit.
36. 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
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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.
37. 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.
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