HomeMy WebLinkAbout20232416.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING AND RECLAMATION PLAN, ACCEPT
COLLATERAL, AND AUTHORIZE CHAIR TO SIGN, FOR SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0007, FOR
A SOLAR ENERGY FACILITY (SEF) IN THE A (AGRICULTURAL) ZONE DISTRICT -
WILLARD AND LINDA OWENS, CIO USS PICADILLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 15, 2022, the Board of County Commissioners conditionally
approved the application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado
80631, do USS Picadilly Solar, LLC, 100 North 6th Street, #410B, Minneapolis, Minnesota
55403, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0007,
for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX15-0100; being
part of the NE1/4, and Lot B of Recorded Exemption,
RE -3479; being part of the E1/2 NE1/4, all in
Section 23, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #410B, Minneapolis, Minnesota 55403, and
WHEREAS, pursuant to Condition of Approval #1.E of Resolution #2022-1550 of
USR22-0007, USS Picadilly Solar, LLC, 100 North 6th Street, #410B, Minneapolis, Minnesota
55403, has presented the Board with a Decommissioning and Reclamation Plan for said
USR22-0007, and requests the Board accept Performance Bond #7901024004, insured through
Nationwide Mutual Insurance Company, Attn: Dan Carlson, SVP, 55 West Monroe Street,
Suite 2440, Chicago, Illinois 60604, in the amount of $191,320.00, guaranteeing maintenance,
replacement, removal, relocation, and/or reclamation of said solar energy facility, and
WHEREAS, staff recommends approval of the Decommissioning/Reclamation Plan and
acceptance of Performance Bond #7901024004, since they comply with Section 23-4-1030.B of
the Weld County Code and will satisfy Condition of Approval #1.E of Resolution #2022-1550 of
USR22-0007.
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.
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O /3 I /23
2023-2416
PL2814
APPROVE DECOMMISSIONING AND RECLAMATION PLAN AND ACCEPT COLLATERAL
FOR A SOLAR ENERGY FACILITY (USR22-0007) - WILLARD AND LINDA OWENS, C/O USS
PICADILLY SOLAR, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that Performance
Bond #7901024004, insured through Nationwide Mutual Insurance Company, Attn: Dan Carlson,
SVP, 55 West Monroe Street, Suite 2440, Chicago, Illinois 60604, in the amount of $191,320.00,
guaranteeing maintenance, replacement, removal, relocation, and/or reclamation of said solar
energy facility as permitted and operated under USR22-0007, be, and hereby is, approved and
accepted, and the Chair be, and hereby is, authorized to sign said bond.
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:
Stc
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AP •W : ; ter. FORM:
ttorney
Date of signature: Vizi/ 23
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Carly Koppas, Clerk and Recorder, Weld County CO
11111
Mike F eeman, Chair
V
Sai
Pro-Tem
2023-2416
PL2814
PASS -AROUND TITLE:
DEPARTMENT:
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
Surety Bond for a Solar Energy Facility (USR22-0007)
Planning Services DATE: August 14, 2023
PERSON REQUESTING: Kim Ogle
Brief description of the problem/issue:
USS Picadilly Solar, LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The applicant
submitted the decommissioning and reclamation plan for USR22-0007 Solar Energy Facility. USR22- 0007 was conditionally
approved by the Board of County Commissioners on June 15, 2022. The Bond addresses COA 1.E per Section 23-4-1030.B WCC
What options exist for the Board?
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Consequences:
Impacts:
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Recommendation:
Staff recommends that the Board approve the Performance 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 #1.E of resolution 2022-1550.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
01,
2023-2416
8/I V) PLZa14
PERFORMANCE BOND
(Annual Form)
Bond No.: 7901024004
KNOW ALL MEN BY THESE PRESENTS, that we, USS PICADILLY SOLAR LLC, as Principal, and NATIONWIDE MUTUAL
INSURANCE COMPANY licensed to do business in the State of COLORADO, as Surety, are held and firmly bound unto
STATE OF COLORADO, COUNTY OF WELD (Obligee), in the penal sum of ONE HUNDRED NINETY ONE THOUSAND
THREE HUNDRED TWENTY and 00/100 Dollars ($191,320.00), lawful money of the United States of America, for the
payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors,
administrators, and successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain
Findings of Fact/USR with the above named Obligee, effective the 15TH day of JUNE , 2022 for USR22-
0007 and more fully described in said Findings of Fact/USR, a copy of which is attached, which Agreement is
made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge,
expand or otherwise modify the term of the as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Obligation, according to the terms, stipulations or conditions thereof, then this obligation shall become
null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the
Obligee subject to the following express conditions:
1) Notwithstanding the provisions of the Findings of Fact/USR, the term of this bond shall apply from 23rd
day of January , 202 until 23rd day of January , 2074, and may be extended by the Surety by
Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the
Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee
recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this
bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in
no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly
issued by the Surety as supplements thereto.
2) The term of this Bond is to be in effect until decommissioning is complete as determined by the County of
Weld, unless released by Obligee prior thereto
3) The liability of the Surety shall not be discharged by any payment or succession of payments under this
Bond, unless and until such payment shall amount in the aggregate to the penal sum of the Bond, but in no
event exceed the penal sum of the Bond regardless of the number of extensions or years it may be in effect
4) That in the case of default of the Principal, the Obligee will give written notice to the Surety within thirty
(30) days thereafter
5) No right of action shall accrue under this Bond to or for the use or benefit of anyone other than the named
Obligee or its successors or assigns. No assignment by the Principal shall be effective without the written
consent of the Surety
6) During the term of this Bond, the Surety shall notify both the Obligee and Principal by certified mail 120
days before the end of the current term. If decommissioning has not occurred and the Principal does not
extend the effective date of this bond or establish alternate financial assurance within 90 days after receipt
of notice by the Surety, the Obligee may draw on this bond.
7) All suits, actions on this Bond must be brought within sixty (60) days of the County of Weld determining
that decommissioning of the project is complete
8) If any conflict or inconsistency exists between the Surety's obligations as described in the Bond and as
described in the underlying Permit, then the terms of the bond shall prevail
9) The Surety's liability under this Bond shall not extend in any manner nor will the Surety be responsible to
pay any sums due related to hazardous waste clean-up, wetlands mitigation, remediation actions or
removal or responsibility for any of these pollution risks whatsoever, unless such matters are a direct result
of Principal's actions and required as a result of the conditions set forth in the Permit or for tort liability
10) No modification of the Permit guaranteed by this Bond shall be binding on the Surety or covered by this
Bond without the written consent of the Surety
11) This Bond shall be governed by and construed in accordance with the laws of the State of Colorado without
reference to any choice of law principles. The Parties agree that the courts of Colorado and the Federal
Courts sitting therein shall have jurisdiction over any action or proceeding arising under the bond to the
fullest extent permitted by Applicable Law
Sealed with our seals and dated this 23rd day of January , 2023
Witness: Lu►SL Re.hbC."
Sarah Ca
p
ell, W
Agree and Acknowledged this /CO day o
Obligee:
Name/Title: Mike Freeman, Cha
Board of Weld County Commis
PRINCIPAL: USS PICADILLY SOLAR LLC
Name/Title:, ,e.e_ . ./cfers'o, U:cc ?,r544.1 --
SURETY: NATIONWIDE MUTUAL INSURANCE
COMPANY
Jenp9fer Ochs, ney-in-Fact
2(a&
ATTEST: v• `m;4.
Weld o •ty Clerk to he Board
rk th, i:oard
020,25 -,24-1 ea
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CML CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On IAN 2 3 20?:i
Date
before me,
RHONDA LARSON, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared JENNIFER OCHS
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons whose name) is/60(
subscribed to the within instrument and acknowledged to me that )(1)(she/tX r executed the same in
IK()f(her400(authorized capacity5fi , and that by)1 (her1,1 Xsignature* on the instrument the person*,
or the entity upon behalf of which the person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
11
�, - RHONOA�ARSON
Notary Public - California
Los Angeles County !
Commission t 2329998
lay Comm. Expires Jun 27, 2024
Race Notary Seal Above
WITNESS v ' du ci seal.
Signature
OPTIONAL
Sig m of Notary Public
RHONDA LARSON, NOTARY PUBLIC
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
O Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
O Corporate Officer — Title(s):
O2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
ADRIANA VALENZUELA; AIDAN SMOCK; B ALEMAN; D GARCIA, EDWARD C SPECTOR; EMILY NEWELL; ER. BROWN, ETHAN SPECTOR;
JANINA MONROE, JEFFREY D PREVOST; JENNIFER OCHS; KD WAPATO; LAURA L PLAISANT; LEONA EVANGELISTA; LISA CRA[L; MARINA
TAPIA; MICHELLE HAASE; PAUL RODRIGUEZ; SIMONE GERHARD; TIMOTHY I NOONAN,
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No.02MC6270117
Qualified m New York County
Commission Expires October 19, 2924
t4olary Peblic
My Commission Expires
October 79, 2924
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 21rd day of
JANUARY 2023
BDJ 1(08-21)00
tCa, L C to
Assistant Secretary
U
100 N 6th Street, Suite 410B 612.260.2230
Minneapolis, MN 55403 www.us-solar.com
DECOMMISSIONING - RECLAMATION PLAN
The Proposed SEF consists of many recyclable materials, including glass, semiconductor material,
steel, aluminum, copper, and plastics. When the Proposed SEF reaches the end of its operational life,
the component parts will be dismantled and recycled as described below. US Solar's lease contract
with the property owner requires us to decommission and restore the site at our expense. The
decommissioning plan would commence at the end of the lease term or in the event of twelve (12)
months of non -operation. At the time of decommissioning, the Proposed SEF components will be
dismantled and removed using minimal impact construction equipment, and materials will be safely
recycled or disposed. All non -utility owned equipment, conduits, structures, fencing, and foundations to
a depth of at least three (3) feet below grade shall be removed. USS Picadilly Solar LLC will be
responsible for all the decommissioning costs.
REMOVAL PROCESS
The decommissioning of the Proposed SEF proceeds in the following reverse order of the installation:
1. The solar system will be disconnected from the utility power grid
2. PV modules will be disconnected and removed
3. Electrical cables will be removed and recycled off -site
4. PV module racking will be removed and recycled off -site
5. PV module support posts will be removed and recycled off -site
6. Electrical devices, including transformers and inverters, will be removed and recycled off -site
7. Concrete pads will be removed and recycled off -site
8. Fencing will be removed and recycled off -site
9. Reclaim soils in the access driveway and equipment pad areas by removing imported
aggregatematerial and concrete foundations; replace with soils as needed
The Proposed SEF site may be converted to other uses in accordance with applicable land use
regulationsat the time of decommissioning. There are no permanent changes to the site, and it will be
returned in terrific condition. This is one of the many great things about community solar gardens - if
desired, the site can return to productive farmland after the system is removed.
DECOMMISSIONING CONSIDERATIONS
We ask that Weld County take note of 3 important considerations: 1) a Proposed SEF is not a public
nuisance, 2) the resale and recycle value are expected to exceed the cost of decommissioning, and
3) Weld County residents and taxpayers are not at risk.
1) Our modules do not contain hazardous materials and the Proposed SEF is not connected to
government utilities (water, sewer, etc.). Additionally, almost all the land is permanent vegetation which
improves erosioncontrol, soil quality, and water quality. For these reasons, the Proposed SEF, whether
operational or non- operational, is not a public nuisance threat that would require government
involvement in decommissioningor removal of the Proposed SEF. Compare this to an abandoned
home, barn, etc. that may regularly include hazardous materials and/or become a public nuisance.
2) Upon the end of the Proposed SEF's life, the component parts may be resold and recycled. The
aggregate value of the equipment is expected to exceed the cost of decommissioning and removal.
Solar modules, for example,have power output warranties guaranteeing a minimum power output in
Year 25 of at least 80% of Year 1. Since the value of solar panels is measured by their production of
watts and the value of electricity, it is easy to calculate expected resale value. Even using extremely
conservative assumptions, the value of the solar modules alone greatly exceeds the cost of
decommissioning. This does not factor in the recycle value of other raw materials like steel, copper,
etc. So, decommissioning is seen as a process that results in a net profit, incentivizing the Proposed
SEF owner to do it.
U
100 N 6th Street, Suite 4108 612.260.2230
Minneapolis, MN 55403 www.us-solar.com
3) In the extremely unlikely, "worst -case" scenario where (1) the Proposed SEF owner fails to
decommission and neither our lender nor any power generation entities want the assets, and then (2)
the landowner fails to decommission the Proposed SEF (which the landowner would have the right to
do under the Property lease), and then (3) the decommissioning financial bond was insufficient to
decommission the Proposed SEF, Weld County would have its standard police powers to enforce
decommissioning. If that process ultimately resulted in Weld County gaining ownership of the property,
Weld County could sell the parcel which would absolutely exceed the decommissioning cost.
DECOMMISSIONING FINANCIAL SURETIES
Despite the considerations of 1) the Proposed SEF is not a public nuisance, 2) the resale and recycle
value is expected to exceed the cost of decommissioning, and 3) the Weld County and taxpayers are
not at risk, we propose implementing an irrevocable bond in an amount sufficient to fund the estimated
decommissioning/reclamation costs as required by Weld County Code Sec. 23-4-1030.
This financial surety provides an extra layer of security that the Proposed SEF site will be returned to
the appropriate condition at the end of the Proposed SEF's useful life or earlier, should the Proposed
SEF cease operations for a twelve-month period. The landowner will be provided a copy of the
document, thereby establishing the obligation before construction commences.
The bond will be in the amount of $191,320 based on Table 1 below. The estimated costs provided in
this table are based on the New York State Energy Research and Development (NYSERDA) guidance
document entitled "Decommissioning Solar Panels". The cost estimate will be updated every five (5)
years from the establishment and submittal of the Security.
Table 1: Estimated Decommissioning Costs for Picadilly Solar Project
Remove Rack Wiring $7,800
Remove Panels $7,800
Dismantle Racks $39,250
$5,900
$4,700
$24,800
$20,700
$44,000
$15,750
$12,720
$800
$7,100
Remove Electrical Equipment
Breakup / Remove Concrete Pads
Remove Racks
Remove Cable
Remove Ground Screws and Power Poles
Remove Fence
Grading
Seed Disturbed Areas
Truck to Recycle Center
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0007, FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, 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 15th day of
June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado 80631,
c/o USS Picadilly Solar, LLC, 100 North 6th Street, #410B, Minneapolis, Minnesota 55403, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0007, for. a Solar
Energy Facility in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RECX15-0100; being
part of the NE1/4, and Lot B of Recorded Exemption,
RE -3479; being part of the E1/2 NE1/4, all in
Section 23, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #410B, Minneapolis, Minnesota 55403, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) The proposal is consistent with the entirety of the Comprehensive
Plan and more specifically the following goals.
PL(rn/nu), ce(88),APPL.
RPPL.REP
gig /Z2
2022-1550
PL2814
SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
CIO USS PICADILLY SOLAR, LLC
PAGE 2
Section 22-2-30.C states: "Harmonize development with
surrounding land uses" The adjacent land will experience
minimal nuisance from the Solar Energy Facility, which is an
unmanned energy development facility. The applicant, has
proposed screening and landscaping optionsfor residences
within 500 feet of the facility. Some residents do not desire
to be screened from the facility, as the screening may
impede mountain views. The applicant will submit waivers
from these residents.
b. Section 22-2-30.D states: "Collaborate on County -wide
transportation and land use plans." The applicant has
proposed access onto County Road 23 at an existing
permitted access point. An Industrial Access Permit will be
necessary prior to construction. County Road 23 is
designated as a collector road. No concerns were indicated
in the Development Review referral, dated March 11, 2022.
The property also has. access to Stagecoach Road, but this
access will not be used by the solar facility.
c. 22-2-60.B states: "Support responsible energy and mineral
development." According. to the application, .the . Solar
Energy Facility will connect into the Xcel Energy power grid.
The application states. that efforts will be made to protect the
soil and minimize the impacts to the area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District and a Solar Energy Facility is permittable
under Section 23-3-40.FF.
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." The
proposal meets the intent of the A (Agricultural) Zone District as the
facility will produce energy and will not interfere with adjacent
agricultural operations.
C. Section 23-2-230.g.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are nine (9) parcels within
500 feet containing ten (10) residences. Surrounding property owners were
2022-1550
PL2814
SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
CIO USS PICADILLY SOLAR, LLC
PAGE 3
contacted by the applicant. Some have requested screening and others
desire no screening. The County also notified these property owners, and
no responses were received. The proposed screening and landscaping,
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on adjacent properties and ensure compatibility
with surrounding land uses and region.
D. Section 23-2-230.B.4 —The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The Solar Energy Facility is proposed to be less than 160
acres in the near -urban area, so it does not require a 1041 review. The site
is designated as an Opportunity Zone on the Weld County Comprehensive
Plan and is located within the three (3) mile referral area and Coordinated
Planning Agreement areas for the Towns of Windsor and Severance. Both
towns responded with no concems or recommendations. The applicant
was encouraged to contact the nearest municipality, the Town of
Severance, to discuss annexation. The town did not express interest in
annexation of the project and replied with "no concerns" to the project being
developed in unincorporated Weld County in the referral response, dated
March 15, 2022. The site is within the Growth Management Area for the
Town of Windsor, even though it is not eligible for annexation. The Town
of Windsor indicated that the light industrial use of the property as a solar
facility complies with the Windsor Land Use Map in the March 8, 2022,
referral response.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area. Building Permits
issued on the property 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the facility will be located on Kim loam and Otero sandy
loam soils, which are classified with an A rating, per the soil report dated
February 9, 2022, from the Natural Resource Conservation Service Soil
Survey. These have a high infiltration rate and low runoff potential. Only
2.5 acres of the site are on soils rated B or C. The land is partially classified
as farmland of statewide importance and prime farmland, if irrigated. The
land has not been irrigated since 2005. The applicant indicated that the
land may be returned to agricultural production if the site is
decommissioned.
2022-1550
PL2814
SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 4
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240 and
Section 23-4-1030, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards can ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Willard and Linda Owens, do USS Picadilly Solar, LLC,
fora Site Specific Development Plan and Use by Special Review Permit, USR22-0007, fora Solar
Energy Facility 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 address the requirements of Xcel Energy, as stated in
the updated referral response, dated April 7, 2022. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the concerns of HCW Investments, LLC,
regarding historic water diversion, as stated in the response dated June 14,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments of
Windsor -Severance Fire Rescue, as stated in the referral response, dated
March 21, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet.
E. 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.
F. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes during construction.
2022-1550
PL2814
SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 5
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0007.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two (2), per Section 23-3-30.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.
5) Required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and
Section 23-4-1030.C.6 of the Weld County Code. Include fence and
sign specification details on the map. Refer to the Weld County Sign
Code.
6) On -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
7) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
8) Setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located
in Section 23-3-70.E of the Weld County Code.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) All recorded easements and rights -of -way on the map by book and
page number or Reception number and recording date, including
the 30 -foot minimum access and utility easement along the eastern
border of Lot B of Recorded Exemption, RE -3479.
2022-1550
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SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 6
12) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the approved access location
onto County Road 23, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain an Access
Permit in the approved location prior to construction.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.O 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 Permit 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 plat 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 approved access and tracking control shall be constructed prior to
on -site construction.
2022-1550
PL2814
SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 7
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. Obtain an Access Permit, specific to the type of activity, for the access
location onto County Road 23.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL[yCOUNTY, COLORADO
ATTEST: d jCLit,k,
cBtt K. James, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPD AS
ounty Attorney
Date of signature: 7/7/22
Mjks-Frr man, Pro-Te
Lori Saine
2022-1550
PL2814
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
USR22-0007
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0007, is for a
Solar Energy Facility 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site once operational.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest natural grade below each solar panel to the highest extent of
the solar panel rotation.
6. Glare. The Solar Energy Facility shall be 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 Dust mitigation. The operators of the SEF shall continuously employ the practices for
controlling fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
8. 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).
9. Fencing. The Solar Energy Facility 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.
10. Stormwater management. The Operator of the Solar Energy Facility shall comply with the
approved Final Drainage Report and the required Storm Drainage Criteria pursuant to
Chapter 8, Article XI of the Weld County 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).
2022-1550
PL2814
DEVELOPMENT STANDARDS (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 2
11. Decommissioning. The site shall adhere to the accepted Decommissioning and
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 and reclamation activities within
90 days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
12. The site shall be maintained in accordance with accepted Property Maintenance Plan.
13. 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.
14. 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.
15. 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.
16. 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.
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
2022-1550
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DEVELOPMENT STANDARDS (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 3
24. 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.
25. 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.
26. 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.
27. 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.
28. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
2022-1550
PL2814
DEVELOPMENT STANDARDS (USR22-0007) - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
PAGE 4
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
30. 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.
2022-1550
PL2814
Cheryl Hoffman
To:
Cc:
Subject:
Kim Ogle
CTB
RE: FW: Performance Bond for USS Picadilly Solar, LLC
Thank you, Kim! Exactly what I need.
Cheryl L. Hoffman
Deputy Clerk to the Board
7 750 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Kim Ogle <kogle@weld.gov>
Sent: Thursday, August 10, 2023 12:16 PM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: FW: FW: Performance Bond for USS Picadilly Solar, LLC
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17th Avenue I Greeley
970.400.6100 Office
970.400.3549 Direct
kogle@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: David Watts <david.watts@us-solar.com>
Sent: Thursday, August 10, 2023 11:27 AM
To: Kim Ogle <kogle@weld.gov>
Subject: Re: FW: Performance Bond for USS Picadilly Solar, LLC
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.
Nationwide Mutual Insurance Company
55 West Monroe St, Suite 2440
1.
Chicago, IL 60604
Attn: Dan Carlson, SVP
Please let me know if you need any additional details.
On Thu, Aug 10, 2023 at 10:46 AM Kim Ogle <kogle@weld.gov>wrote:
David
Are you able to provide a response to his inquiry?
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17th Avenue I Greeley
970.400.6100 Office
970.400.3549 Direct
kogle@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 10, 2023 8:46 AM
To: Kim Ogle <kogle@weld.gov>
Cc: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: Performance Bond for USS Picadilly Solar, LLC
Good morning, Kim,
2
Would you be able to contact your person on this one and request an address for Nationwide Mutual Insurance
Company, please? I'm assuming it would be through a specific broker. I need to include an address in the paperwork
and there is not an address on the bond.
Thanks, Kim.
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
David Watts — Director, Project Development
United States Solar Corporation
100 N 6th St, Suite 410B, Minneapolis, MN 55403
O: 612.294.69 78 M: 612.859.75 75
david.watts@us-solar.com
us-solar.com
u
The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who
have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination. distribution, or
copying of this communication is strictly prohibited. If you have received this communication in error. or if any problems occur with transmission. please
contact sender.
3
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Cheryl,
Kim Ogle
Tuesday, August 8, 2023 2:31 PM
Cheryl Hoffman
Esther Gesick; Maxwell Nader; Chloe White; Jan Warwick; Jessica Reid; Kim Ogle
USR22-0007 Pass -Around - Performance Bond for Decommissioning Solar Facility
Performance Bond # 7901024004 facsimile.pdf; 10_Picadilly_Decommissioning-
Reclamation Plan.pdf; Final Signed USR_Picadilly_20221550 Resolution.pdf; USR22-0007
PASS AROUND - PERFORMANCE BOND.docx; USR22-0007 PASS AROUND -
PERFORMANCE BOND.pdf
Follow up
Flagged
Attached is the Performance Bond for the USS Picadilly solar facility for pass -around and scheduling.
A hard copy of the Performance Bond will be hand delivered on Wednesday August 9, 2023.
Please let me know fi additional information is required.
Thank you
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17th Avenue I Greeley
970.400.6100 Office
970.400.3549 Direct
kogle@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.
1
Hello