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Home My WebLink About20232417.tiffRESOLUTION RE: APPROVE DECOMMISSIONING AND RECLAMATION PLAN AND ACCEPT COLLATERAL FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY, ZPSF23-0001, LESS THAN FIVE (5) ACRES (5 ACRE SEF) - SUNSHARE, LLC, C/O BEAU SCOTT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 5, 2023, the Department of Planning Services conditionally approved the application of SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Zoning Permit for Solar Energy Facility, ZPSF23-0001, less than five (5) acres (5 ACRE SEF), on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the owner of the property is Lisa Jeanette Foos, 23435 County Road 61, Kersey, Colorado 80644, and WHEREAS, pursuant to Condition of Approval #3.D of ZPSF23-0001, SunShare, LLC, has presented the Board with a Decommissioning and Reclamation Plan for 5 ACRE SEF, for the Montezuma Solar, LLC, facility and requests the Board to accept Surety Bond #SU1192939, insured through Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $13,800.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility, and WHEREAS, staff recommends approval of the Decommissioning and Reclamation Plan and acceptance of Surety Bond #SU1192939, since they comply with Section 23-4-455.D.7 of the Weld County Code and will satisfy Condition of Approval #3.D of ZPSF23-0001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Decommissioning and Reclamation Plan, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Bond #SU1192939, insured through Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $13,800.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility as permitted and operated under ZPSF23-0001, be, and hereby is, approved and accepted. 4917149 Pages: 1 of 2 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO Li II 11 cc: P1-(TP/M1.1/DA/STK/KR/DA) 0813(/23 2023-2417 PL2520 APPROVE DECOMMISSIONING AND RECLAMATION PLAN AND ACCEPT COLLATERAL FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY (ZPSF23-0001) - SUNSHARE, LLC, C/O BEAU SCOTT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d../...„) Weld County Clerk to the Board BY: aAtord- Deputy Clerk to the Board AP".VED AS County A-:rney Date of signature: 22123 4917149 Pages: 2 of 2 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppea, (1erk and Recorder, Weld County , CO Mike reeman, Chai err L. ck, Pro-Tem ott K. James D. Ross 2023-2417 PL2520 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (ZPSF23-0001) DEPARTMENT: Planning Services DATE: 8/3/2023 PERSON REQUESTING: Diana Aungst Brief description of the problem/issue. SunShare LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The applicant submitted the decommissioning and reclamation plan for ZPSF23-0001 Solar Energy Facility. ZPSF23-0001 was conditionally approved by staff on May 5, 2023. The Surety Bond (#1192939) meets the intent of Condition of Approval #3.D of the staff report. The Surety Bond meets the requirements of Section 23- 4-455.D.7 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 23-4-455.D.7 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #3.D of the staff report. Approve Recommendation Perry L. Buck Mike Freeman, Scott K. James, Vevir\ 1Z0.5 Lori Saine Schedule Work Session Other/Comments: 2023-2417 lo GI CAC Specialty - Senior Vice President - Surety 2121 Sage Rd. Suite 145 Houston, TX 77056 832-925-4972 John.hohit(aicacspecialty.com June 1, 2023 Jake Peterson Financial Analyst SunShare, LLC 1724 Gilpin Street Denver, CO 80218 RE: Montezuma Solar, LLC Decommissioning Bond No. SU 1192939 Mr. Peterson, Included in this delivery you the original bond listed above. Please have an authorized individual sign on behalf of SunShare, LLC in the space provided on page two of the bond. Completed bond will need to be sent to: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley, CO 80631 Let me know if you have any questions. Sincerely, 2121 Sage Rd. Suite 145 Houston, TX 77056 CACSpecialty.com SURETY BOND BOND NUMBER SU 1192939 KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC, as Principal, and Arch Insurance Company, a corporation duly organized under the laws of the State of Ohio, as Surety, are held and firmly bound unto The Board of County Commissioners of Weld County, Colorado , as Obligee in the sum of $13,800.00 lawful money of the United States, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS, the Principal has entered into a written agreement with the Obligee for the placement of a solar energy facility comprised of solar energy collection cells/panels and related facilities necessary to harness sunlight for energy generation and distribution and associated support structure, braces, racking, wiring and related interconnection equipment which agreement sets forth the terms and conditions which govern the use of such Permit ZPSF23-0001 and which agreement is hereby specifically referred to and made part hereof as Exhibit A ("Resolution"), and WHEREAS, Weld County requires the submission of a bond guaranteeing the maintenance, replacement, removal or relocation of said solar energy facility located at Montezuma Solar, LLC SE4 Section 1, T4N, R64W of the 6th P.M., Weld County, CO and as further detailed in the revised Decommissioning Plan, attached as Exhibit B. NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance, replacement, removal or relocation of side solar energy facility, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 1, 2023 to June 1, 2024. THIS BOND shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be December 31 of each calendar year), the Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed to the Principal or Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section of this Bond, and is actually received by the Principal or Surety, as the case may be, and the Obligee at least thirty (30) days prior to the renewal date. However, neither: (a) the Surety's decision to cancel, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to cancel this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. NOTICE: Principal: SunShare, LLC 1724 Gilpin Street Denver, Colorado 80218 Surety: Arch Insurance Company Harborside 3, 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Obligee: The Board of County Commissioners of Weld County 1555 N 17th Avenue Greeley, CO 80631 THIS BOND is signed, sealed, dated on the 1st day of June, 2023. This bond is effective the 1st day of June, 2023. SunShare, LLC Arch Insurance Company 41749 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 CERTIFICATION I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 17, 2023 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on fins. day of June 2023 POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Bruce S. Denson Jr,, Candi Hild, Jack Meikle, John Hohlt, Senia Hernandez and Tracy Tucker of Frisco, TX (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($150,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 17th day of Febrar, 2023. Attested and Certified 91, -- Regan 7C. Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. l Mich a podi, Notar ttblic My commission expires 07/31/2025 Arch Insurance Company Stephen C. Ruschak, Executive Vice President COMotwwNtltt414101tt+t r.Nottrysni Ptaidatphia Casty INCormbaksibOresJalv3t,2 Cewitilpor Iilablr HIM *9)1,-- Reierti A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. ""^^ .RJl7ttw3f 11. 1971 To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthentic arc htsurance.com Please refer to the above named Attorney -In -Fact and the details of the bond to which the power Is attached. AICPOA040120 Printed in U.S.A. Exhibit A To be attached and made part of Arch Insurance Company Bond No. SU 1192939 Planner: ZONING PERMIT FOR SOLAR ENERGY FACILITY ADMINISTRATIVE REVIEW Diana Aungst Case Number: ZPSF23-0001 Applicant: SunShare LLC do Beau Scott 1724 Gilpin Street, Denver, CO 80218 Owner: Lisa Jeanette Foos 23435 CR 61, Kersey, CO 80644 Request: Zoning Permit for Solar Energy Facility (3.0 acres) in the A (Agricultural) Zone District. Legal Description: SE4 Section 1, T4N, R64W of the 6th P.M., Weld County, CO Location: West of and adjacent to CR 61 and north of and adjacent to CR 48 Zoning: A (Agricultural) Zone District Parcel #: 1053-01-0-00-013 Parcel Size: Lease Area: t 158 acres ± 3.00 acres Latitude: 40.34071 Longitude: -104.49819 The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Department of Public Health and Environment, referral dated March 7, 2023 ➢ Weld County Department of Planning Services — Development Review, referral dated March 9, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sheriff's Office, referral dated March 6, 2023 ➢ West Greeley Conservation District, referral dated April 11, 2023 ➢ Central Weld County Water District, referral dated March 17, 2023 ➢ Weld County Department of Planning Services - Code Compliance, referral dated March 6, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Parks and Wildlife ➢ Platte Valley Fire Protection District Case Summary: The applicant, SunShare LLC, is proposing a solar energy facility that is less than five (5) acres in size (5 ACRE SEF). The proposed disturbed area is 1.86 acres with the total facility encompassing 2.9 acres. The solar panels are mounted to single -axis tracking arrays, which sit parallel to the ground and follow the path of the sun across the sky. The tracking arrays produce DC current, which is converted into AC current by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility transformer. The modules utilize a non -reflective glass which eliminates glare concerns and all electrical cables on the improved area will be buried, except for the 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, switch yards, and circuits voltages greater than 34.5 kilovolts (where ZPSF23-0001 I Foos Page 1 of 4 necessary.) There will be no permanent employees on site during operation, and maintenance visits are expected to occur quarterly on average. Solar panels will not exceed ten (10) feet in height above the grade, at maximum tilt. The site will be surrounded by an 8' high game fence. There are no buildings within 500 feet of the proposed project. The operational life of an SEF is generally between 20-40 years. The SEF has an initial 20 -year contract with Public Service Company of Colorado (Xcel) to sell power into the Xcel Electric grid, and the major equipment components have warranty options up to 30 years, with a useful life of 35-40 years. Upon decommissioning, SunShare will entirely remove all SEF components (fencing, steel racking, cabling, solar panels and associated interconnection equipment) and undertake measures to restore the land to its original state, as addressed in the attached Decommissioning Plan. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. Approved with Conditions: 1. The Weld County Department of Planning Services has determined through an administrative review that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code have been met and the request is approved with conditions. A. The application is in compliance with the standards identified for Solar Energy Facilities Less than Five (5) Acres (5 ACRE SEF). The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the Weld County Code. Pertinent information includes: A draft Decommissioning and Reclamation Plan was submitted with a cost estimate. There are no residences within five hundred (500) feet of the disturbed area. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days. Notice was sent to eight (8) surrounding properties and no responses were received. 2. Prior to construction, A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation standards of Chapter 29 of the Weld County Code. B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) C. The applicant shall submit a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. 3. Prior to the release of building permits: A. An acceptable Final Drainage Report shall be submitted. B. An acceptable Traffic Narrative shall be submitted. C. A Road Maintenance Agreement for Construction activities is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. D. Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County, or other securities, if it finds that such alternative forms will provide an assurance of the availability ZPSF23-0001 I Foos Page 2 of 4 of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. The method and object of Security shall be approved by the Weld County Attorney. The Security shall: 1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2. Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; 3. Include an automatic extension provision or "evergreen clause"; and 4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 4. The following development standards must be met at all times throughout the existence of the 5 ACRE SEF: 1. The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size. 2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF. 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. 4. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete in accordance with the accepted Decommissioning and Reclamation Plan. 5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. 6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. 7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. 8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed accepted Dust and Weed Mitigation Plan. 9. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). 10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 11. Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report. 12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. ZPSF23-0001 I Foos Page 3 of 4 13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County Code shall be held for the life of the project. The letter shall name the Board of County Commissioners of Weld County as the sole beneficiary; be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; include an automatic extension provision or "evergreen clause;" and be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 19. Weld County is not responsible for the maintenance of onsite drainage related features. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, 30-20-100.5, C.R.S. 23. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction 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. Date: May 5, 2023 Diana Aungst, Planner III ZPSF23-0001 I Foos Page 4 of 4 Exhibit B To be attached and made part of Arch Insurance Company Bond No. SU 1192939 Decommissioning/Reclamation Plan Fora ZPSF Permit Montezuma Solar, LLC In Compliance with: (Section 23-4-1030 B of the Weld County Code) Case Number: TBD Jeanette Lisa Foos (Parcel ID No. 105301000013) Prepared for: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Prepared by: SunShare, LLC Denver, Colorado SunShare C fl M N Y N I T T 3 0 t A R Date Prepared: January io, 2023 1.o Overview As a condition of approval for the Site -Specific Development Plan and Zoning Permit Solar Energy Facility (ZPSF), Weld County required that SunShare prepare a Decommissioning/ Reclamation Plan for the solar facility, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Decommissioning/ Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after its useful life and/or the termination of power generation operations; and to return the subject property to conditions that existed prior to the solar facility's construction. The solar power generation facility has an estimated useful life of 3o years or more, with an opportunity for a life of 5o years or more with equipment replacement and repowering. At the end of the useful life of the facility, SunShare will cease power generation, decommission the facility, and remove the components of the facility from the subject property. The site will be reclaimed and returned to the agricultural use that existed priortothe facility being constructed. This Decommissioning/Reclamation Plan is subject to refinement should future best practices or alternate methods be developed by the solar industry, during the life of this facility. SunShare will follow solar industry standards and best management practices (BMPs) that exist at the time of decommissioning and reclamation of the site. 1.1 Procedures for Decommissioning the Solar Facility After Useful Life & Termination of Power Generation The solar facility consists of numerous recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the facility reaches the end of its operational life, the component parts can be dismantled, and for the most part, salvaged or recycled at properly licensed facilities. Some site features, such as internal roads, driveways, drainage features/improvements, and electrical interconnections may remain on the site, depending upon the anticipated future use of the property. All such improvements, that are scheduled to remain after the decommissioning of the site, will be approved by the Weld County Department of Planning Services. The following steps will be followed in the decommissioning of the solar facility: Approximately one year prior to the planned decommissioning of the facility, SunShare will schedule a pre -closure meeting with the Weld County Department of Planning Services to discuss the process for the site decommissioning and restoration. The final decommissioning details will be developed through consultation with the Weld County Department of Planning Services and other departments and agencies that have jurisdiction over activities in the decommissioning process. Any required permits will be obtained prior to implementation of the Decommissioning/Reclamation Plan. Appropriate temporary (construction -related) erosion and sedimentation control BMPs will be applied during the decommissioning phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. Effectively, the decommissioning of the solar facility proceeds in reverse order of the installation: 1. A site -specific health and safety plan shall be developed, prior to beginning decommissioning activities, which incorporates the specific sequence and procedures to be followed. 2. Coordination with local departments and agencies to develop route plans and obtain necessary permits for the transportation of materials and equipment to and from the site. 3. The solar facility shall be disconnected from the utility grid. This process will be coordinated with Xcel Energy. 4. PV modules shall be disconnected, collected and transported to a properly licensed recycling facility. 5. Above ground and underground electrical interconnection and distribution cabling shall be removed and salvaged or recycled off -site at an approved recycling facility. 6. The aluminum racking that supports the PV modules shall be removed and salvaged or recycled off -site at an approved recycling facility. 7. PV module support steel and support posts shall be removed and salvaged or recycled off -site at an approved recycling facility. 8. Electrical and electronic devices, including transformers, semiconductors materials, inverters, and batteries, shall be removed and salvaged or recycled off -site at an approved recycling facility. 9. Concrete foundations shall be removed and will be recycled off -site at an approved concrete recycling facility. so. Fencing shall be removed and will be recycled off -site at an approved recycling facility. 11. The site will be restored to its original condition, including any necessary sculpting of soils to match existing natural contours and the re -seeding of native grasses. Any soil that had been re -located for construction purposes will be redistributed on the site or used for landscaping purposes. Soils will be compacted for those areas where foundations or piers have been removed. 1.2 Equipment to be Used for the Decommissioning of the Solar Facility The decommissioning of the solarfacilitywill be undertaken using traditional heavy construction equipment, including front-end loaders, bull dozers, cranes, excavators (track- mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to transport materials to off -site salvage or recycle centers. 1.3 Dust Mitigation During the Decommissioning Phase Water tankers will be used to help control dust while the decommissioning activities are occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles operating on the site during the decommissioning phase will limit their speed to 15 mph or less, to minimize dust emissions. 1.4 Decommissioning/Reclamation Cost Estimates Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: Decommissioning: Fencing Structures Modules Electrical Site Restoration $300.00 $6,000.00 $3,000.00 $2,000.00 $2,500.00 Total Clarifications— Inclusions and Exclusions $13,800.00 1. Based on project drawings provided. 2. Includes the specified appropriate project management and mobilization to adhere to the project schedule. 3. Breakouts provided for accounting purposes only. 4. All work is to be done in a single phase. 5. Includes recycling of steel, aluminum, modules and copper. 6. Includes restoration of the site back to like conditions before the solar array was installed. Scope specifically includes: 1. Electrical permit fees included. 2. Removal and disposal of game fence. 3. Removal of racking support structure and foundations. 4. Module removal, package and recycle. 5. Removal of electrical distribution equipment, transformers and electrical equipment pads. 6. Removal of electrical DC string wiring and AC underground. 7. Site restoration. 8. Safety and protection as required. 9. Waste disposal fees and containers. 10. Temporary Restrooms and site facilities for workers. Specifically excludes: 1. Payment and Performance Bond. 2. All utility specific tie in work to disconnect the site outside of property. 3. Engineering, fees, errors, omissions additional design intent not clearly delivered or identified on the referenced drawings. 4. Import or export of soils. 1.5 Financial Assurance to Cover the Decommissioning of the Solar Facility In the Board of County Commissioners' Resolution dated /6 2023, the Board requires SunShare, LLC to provide financial assurance to the County in the form of a surety bond, in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facility. The surety bond is to name the Board of County Commissioners of Weld County as beneficiary and be current and active at all time during the life of the permit. The required surety bond will be provided as part of this Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (go) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. Prepared by: Beau Scott Development Associate Site Plan See Next Page iLECE,C GEXER.Y NOTES ,.i. . - 1 .�-.-t _ _ ....^.. __sRascrusuc.a•sioucsoi -.- ��,��. ., . - G41CIn. 11..TX16, Pi.i. 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ZONING PERMIT FOR SOLAR ENERGY FACILITY ADMINISTRATIVE REVIEW Planner: Diana Aungst Case Number ZPSF23-0001 Applicant: SunShare LLC do Beau Scott 1724 Gilpin Street, Denver, CO 80218 Owner: Lisa Jeanette Foos 23435 CR 61, Kersey, CO 80644 Request: Zoning Permit for Solar Energy Facility (3.0 acres) in the A (Agricultural) Zone District. Legal Description: SE4 Section 1, T4N, R64W of the 6th P.M., Weld County, CO Location: West of and adjacent to CR 61 and north of and adjacent to CR 48 Zoning: A (Agricultural) Zone District Parcel #: 1053-01-0-00-013 Parcel Size: Lease Area: ± 158 acres ± 3.00 acres Latitude: 40.34071 Longitude: -104.49819 The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Department of Public Health and Environment, referral dated March 7, 2023 ➢ Weld County Department of Planning Services — Development Review, referral dated March 9, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sheriffs Office, referral dated March 6, 2023 ➢ West Greeley Conservation District, referral dated April 11, 2023 ➢ Central Weld County Water District, referral dated March 17, 2023 ➢ Weld County Department of Planning Services - Code Compliance, referral dated March 6, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Parks and Wildlife ➢ Platte Valley Fire Protection District Case Summary: The applicant, SunShare LLC, is proposing a solar energy facility that is less than five (5) acres in size (5 ACRE SEF). The proposed disturbed area is 1.86 acres with the total facility encompassing 2.9 acres. The solar panels are mounted to single -axis tracking arrays, which sit parallel to the ground and follow the path of the sun across the sky. The tracking arrays produce DC current, which is converted into AC current by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility transformer. The modules utilize a non -reflective glass which eliminates glare concerns and all electrical cables on the improved area will be buried, except for the 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, switch yards, and circuits voltages greater than 34.5 kilovolts (where ZPSF23-0001 I Foos Page 1 of 4 necessary.) There will be no permanent employees on site during operation, and maintenance visits are expected to occur quarterly on average. Solar panels will not exceed ten (10) feet in height above the grade, at maximum tilt. The site will be surrounded by an 8' high game fence. There are no buildings within 500 feet of the proposed project. The operational life of an SEF is generally between 20-40 years. The SEF has an initial 20 -year contract with Public Service Company of Colorado (Xcel) to sell power into the Xcel Electric grid, and the major equipment components have warranty options up to 30 years, with a useful life of 35-40 years. Upon decommissioning, SunShare will entirely remove all SEF components (fencing, steel racking, cabling, solar panels and associated interconnection equipment) and undertake measures to restore the land to its original state, as addressed in the attached Decommissioning Plan. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. Approved with Conditions: 1. The Weld County Department of Planning Services has determined through an administrative review that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code have been met and the request is approved with conditions. A. The application is in compliance with the standards identified for Solar Energy Facilities Less than Five (5) Acres (5 ACRE SEF). The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the Weld County Code. Pertinent information includes: A draft Decommissioning and Reclamation Plan was submitted with a cost estimate. There are no residences within five hundred (500) feet of the disturbed area. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days. Notice was sent to eight (8) surrounding properties and no responses were received. 2. Prior to construction, A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation standards of Chapter 29 of the Weld County Code. B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) C. The applicant shall submit a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. 3. Prior to the release of building permits: A. An acceptable Final Drainage Report shall be submitted. B. An acceptable Traffic Narrative shall be submitted. C. A Road Maintenance Agreement for Construction activities is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. D. Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County, or other securities, if it finds that such alternative forms will provide an assurance of the availability ZPSF23-0001 I Foos Page 2 of 4 of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. The method and object of Security shall be approved by the Weld County Attorney. The Security shall: 1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2. Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; 3. Include an automatic extension provision or "evergreen clause"; and 4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 4. The following development standards must be met at all times throughout the existence of the 5 ACRE SEF: 1. The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size. 2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF. 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. 4. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete in accordance with the accepted Decommissioning and Reclamation Plan. 5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. 6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. 7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. 8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed accepted Dust and Weed Mitigation Plan. 9. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). 10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 11. Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report. 12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. ZPSF23-0001 I Foos Page 3 of 4 13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County Code shall be held for the life of the project. The letter shall name the Board of County Commissioners of Weld County as the sole beneficiary; be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; include an automatic extension provision or "evergreen clause," and be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 19. Weld County is not responsible for the maintenance of onsite drainage related features. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, 30-20-100.5, C.R.S. 23. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction 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. Date: May 5, 2023 Diana Aungst, Planner III ZPSF23-0001 I Foos Page 4 of 4 Cheryl Hoffman From: Sent: To: Cc: Subject: Thank you very much! Diana Aungst AICP, CFM Planner Ill Diana Aungst Friday, August 4, 2023 3:13 PM Cheryl Hoffman; Esther Gesick Maxwell Nader; Chloe White; Esther Gesick; Jan Warwick; Jessica Reid RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www. weld.gov 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: Friday, August 4, 2023 2:02 PM To: Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Done! Not a problem at all, Diana. 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 From: Diana Aungst <daungst@weld.gov> Sent: Friday, August 4, 2023 1:37 PM To: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> 1 Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Hi Cheryl: Another change. If you will. I received this email today. Could you please put ZPSF23-0001 Surety acceptance on the agenda for 8/16/2023? Thanks, From: Beau Scott bscott@mysunshare.com Sent: Friday, August 4, 2023 11:32 AM To: Diana Aungst daungst@weld.gov Subject: Re: ZPSF23-0001 Surety Bond Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, Apologies, I don't know if the bond for ZPSF23-0002 will be ready in time. So in reference to your original email, 8/16/23 at gam works great for the Decommissioning/Reclamation Plan and Bond approval hearing. BEAU SCOTT DEVELOPMENT ASSOCIATE C: (303) 728-4112 BSCOTT@MYSUNSHARE.COM COM MYSUNSHARE.COM Diana Aungst AICP, CP, CFM Planner Ill Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 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. 2 From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 4, 2023 7:50 AM To: Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <;warwick@weld.gov>; Jessica Reid <ereid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Hi Diana, Sounds good to me. I'll hold onto this and when I receive paperwork on ZPSF23-0002, I'll let you know and we'll schedule both for the same day. Thanks for letting me know. Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Diana Aungst <daungst@weld.gov> Sent: Thursday, August 3, 2023 3:38 PM To: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Hi Cheryl: I just got the below email. So looks like we should remove ZPSF23-0001 from 8/16/23 and put it on some future agenda the same day as ZPSF23-0002. I personally haven't received anything on ZPSF23-0002 yet. From: Beau Scott bscott@mysunshare.com Sent: Thursday, August 3, 2023 2:24 PM To: Diana Aungst daungst@weld.gov Subject: Re: ZPSF23-0001 Surety Bond Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, That does work as I will be there for the BOCC hearing for Lincoln. However, we have the RMCA and Decom Bond for ZPSF23-0002 that will be executed next week. If it doesn't make a difference to you, I figure it will be easiest to have them all done at the same hearing. What would be the next available BOCC hearing date? 3 BEAU SCOTT DEVELOPMENT ASSOCIATE C: (303) 728-4112 BSCOTT�MYSUNSHARE.COM Thanks, Diana Aungst AICP, CFM Planner III Our new address.' Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758. Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 70-304-6498 daungst@weld.gov www.weld.gov 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, August 3, 2023 1:28 PM To: Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <*warwick@weld.gov>; Jessica Reid <•reid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Okay, we'll do Wed, 8/16. Thanks, Diana. 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 From: Diana Aungst <daungst@weld.gov> Sent: Thursday, August 3, 2023 12:39 PM To: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan 4 Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Hi Cheryl: Great. 8/16/23 works for me. Thanks, Diana Aungst AICP, CFM Planner Ill Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 0: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 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: Wednesday, August 2, 2023 12:24 PM To: Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <*warwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RE: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Thank you, Diana, for reminding me I already have what I need on this one. I will draft a Resolution soon and will send it to you for your review after it's been proofed by Esther. How about Monday 8/14/23 or Wednesday 8/16/23? 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 From: Diana Aungst <daungst@weld.gov> Sent: Wednesday, August 2, 2023 12:11 PM To: Esther Gesick <egesick@weld.gov> 5 Cc: Maxwell Nader <mnader@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <;warwick@weld.gov>; Jessica Reid <reid@weld.gov> Subject: ZPSF23-0001 Pass Around Surety Bond for Decommissioning Hi Esther: Please provide a few dates for a acceptance of a surety bond. The signed pass around is attached. Case: ZPSF23-0001. Cheryl has the hard copy of the bond. Thanks, Diana Aungst A I CP, CFM Planner Ill Our new address. Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley. Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungstVweld. gov www.weld.gov 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. 6 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Good morning, Diana, Cheryl Hoffman Monday, June 19, 2023 8:20 AM Diana Aungst Cheryl Hoffman; Esther Gesick Montezuma Solar, LLC Decommissioning Bond No. SU 1192939 1321_001.pdf I received in the mail an original Decommissioning Bond for Montezuma Solar, LLC. I'll keep the original and wait for the signed pass around to draft a resolution and get this on the BOCC agenda. Just let me know the timing on this one, k? Thanks! 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 From: CM103-05550@co.weld.co.us <CM103-05550@co.weld.co.us> Sent: Monday, June 19, 2023 8:10 AM To: Cheryl Hoffman <choffman@weld.gov> Subject: Attached Image 1 Hello