HomeMy WebLinkAbout20232248.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR LYDIA LOEFFLER,
C/O PIVOT SOLAR 36, 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 May 17, 2023, the Board of County Commissioners conditionally approved
the application of Jerry Loeffler, Personal Representative for Lydia Loeffler,
23896 County Road 35, LaSalle, Colorado 80645, do Pivot Solar 36, LLC, 1601 Wewatta Street,
Suite #400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0008, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
North of the Lower Latham Drainage Ditch;
being part of the W1/2 NW1/4 of Section 1,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Sundman,
Pivot Solar 36, LLC, 1601 Wewatta Street, Suite #400, Denver, Colorado 80202, and
WHEREAS, pursuant to Condition of Approval #4.D of Resolution #2023-1304 of
USR23-0008, Pivot Solar 36, LLC, 1601 Wewatta Street, Suite #400, Denver, Colorado 80202,
has presented the Board with a Decommissioning Plan for said USR23-0008, and requests the
Board accept Decormissioning Bond #1102220, insured through The Hanover Insurance
Company, Attn: Kimberly Kelly, 440 Lincoln Street, Worcester, Massachusetts 01653, in the
amount of $107,200.00, guaranteeing maintenance, replacement, removal, relocation, and/or
reclamation of said sour energy facility, and
WHEREAS, staff recommends approval of the Decommissioning Plan and acceptance of
Decommissioning Bond #1102220, since they comply with Section 23-4-1030.B. of the Weld
County Code and vvill satisfy Condition of Approval #4.D of Resolution #2023-1304 of
USR23-0008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Decommissioning Plan, be, and hereby is, approved and
accepted.
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08/24/2023 12:22 PM R F..:$0.00
Carly Kopp.s, Clark and R000"d.r, Weld County , CO
cc: pL(TPMiJ/DA/STM/KR/c6)
oth /a3
2023-2248
PL2870
APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR A SOLAR ENERGY
FACILITY (USR23-0008) - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that
Decommissioning Bond #1102220, insured through The Hanover Insurance Company,
Attn: Kimberly Kelly, 440 Lincoln Street, Worcester, Massachusetts 01653, in the amount of
$107,200.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation
of said solar energy facility as permitted and operated under USR23-0008, be, and hereby is,
approved and accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ..W� ) JE,;ok
Weld County Clerk to the Board
BY:
eputy Clerk to the Boar
APPROVED AS TO FOR
A t --County Attorney
Date of signature: 01511.2 /23
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•
Carly Kopp�s, Clerk and Reoord, W®ld County , Co
Mike Freeman, Chair
3,1?dt
Pro-Tem
Perry L. Buc
Sc dit K. Jame
evin D. Ross
0%. a/0NA.
Lori Saine
2023-2248
PL2870
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Solar Energy Facility (USR23-0008)
DEPARTMENT: Planning Services DATE: 7/21/2023
PERSON REQUESTING: Chris Gathman
Brief description of the problemlissue:
Pivot Solar 36, LLC has submitted a Surety Bond for the Board of County Commissioner's consideration. The
applicant submitted the decommissioning and reclamation plan for USR23-0008 Solar Energy Facility. USR23-
0008 was conditionally approved by the Board of County Commissioners on May 17, 2023. The attached
Surety Bond (#1102220) meets the intent of Condition of Approval #4.D of the resolution. The Surety Bond
meets the requirements of Section 23-4-1030 B of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030 of the Weld County Code and staff has accepted the related decommissioning/reclamation plan. If the
surety bond is approved by the Board of County Commissioners it will satisfy Condition of Approval #4.D of
resolution 2023-1304.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scott . - - Chair
Lori Saine
2023-2248
3/2
PL Z.1 v
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Cheryl,
Chris Gathman
Friday, July 21, 2023 9:54 AM
Cheryl Hoffman
Esther Gesick; Maxwell Nader; Diana Aungst; Molly Nelson; Chloe White; Jan Warwick;
Jessica Reid
USR23-0008 Pass Around Surety Bond for Decommissioning for Solar Facility
USR23-0008 PASS AROUND - SURETY BOND.pdf; Final signed BOCC Resolution for
USR23-0008.pdf; FX-USR23-0008 Decommissioning Bond_PS36_20230718.pdf;
Decommissioning Plan.pdf
Follow up
Flagged
Attached is the 2nd surety bond for a solar facility for pass -around and scheduling. The applicant had indicated that
Diana's case (USR23-0006) — was further along and was more of a priority for acceptance.
So if it is workable — you could proceed with scheduling USR23-0006 collateral acceptance 1st and USR23-0008 and
USR23-0007 (Which Molly will be providing) on a later date.
Regards,
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
1
Bond No. 1102220
DECOMMISSIONING BOND
KNOW ALL BY THESE PRESENTS: That we, Pivot Solar 36 LLC as Principal, and The
Hanover Insurance Company , a New Hampshire corporation duly authorized under the laws
of the State of New Hampshire, as Surety, are held and firmly bound unto the County of Weld, as
Obligee in the maximum aggregate penal sum of One Hundred Seven Thousand. Two Hundred
and 00/100 Dollars ($107200.00), lawful money of the United States of America, to be paid to the
said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to
complete decommissioning in accordance with the County of Weld, which said agreement, dated
June 7, 2023 , is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of the decommissioning referred to in said agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and
well and truly keep and perform the decommissioning provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in
full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions
and conditions:
1.
In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written
statement of the facts of such default, within thirty (30) days of the occurrence.
2. The obligation of Surety shall arise when Principal is notified to cure a default, with concurrent
notice to Surety, and does not cure the default within the timeframe required under the
decommissioning Agreement, such cure period not to exceed 30 days.
a.) If there is no Obligee Default, the Surety's obligation under this Bond shall arise after:
i) The Obligee has notified the Principal and the Surety that the Obligee is considering
declaring a Principal Default and has requested and attempted to arrange a conference with
the Principal and the Surety to be held not later than fifteen days after receipt of such notice
to discuss methods of performing the decommissioning Agreement. If the Obligee, the
Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform
Bond No. 1102220
the Agreement, but such an agreement shall not waive the Obligee's right, if any,
subsequently to declare a Principal Default, and
ii) The Obligee has declared a Principal Default and formally terminated the Principal's
right to complete the Decommissioning Agreement. Such Principal Default shall not be
declared earlier than Thirty days (30) after the Principal and the Surety have received
notice, and
iii) The Obligee has agreed to pay the Remaining Balance Due under the Agreement to
the Surety in accordance with the terms of the Agreement or to an entity selected to
perform the Agreement in accordance with the terms of the Agreement with the
Obligee.
3. When the Obligee has satisfied the conditions of Paragraph 2, the Surety will have the right and
opportunity, at its sole discretion to promptly take one of the following actions:
a) cure the default;
b) assume the remainder of the Decommissioning Agreement and to perform or sublet same
c) tender to the Obligee funds sufficient to cure the default, up to an amount not to exceed the
penal sutra of the bond. In no event shall the Surety be liable for fines, penalties, liquidated
damages, or forfeitures assessed against the Principal.
4. After the Obligee has terminated the Principal's right to complete the Decommissioning
Agreement, and if the Surety elects to act under Paragraph 3a, 3b or 3c above, then the
responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under
the decommissioning Agreement, and the responsibilities of the Obligee to the Surety shall not
be greater than those of the Obligee under the Agreement
5. No assignment by the Principal shall be effective without the written consent of the surety.
6. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written
notice to the Obligee, stating therein the effective date of such termination or cancellation. Such
notice shall not limit or terminate any obligations resulting from default by the Principal that
may have accrued under this bond as a result of default by Principal prior to the effective date of
such termination.
7. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the
Obligee recoverable under this bond.
8. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
Bond No. 1102220
9. No right of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
10. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
11. 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 cleanup, wetlands mitigation,
remediation actions or removal or responsibility for any of these pollution risks whatsoever or
for tort liability.
12. In no event shall this bond guarantee the Principal's obligations under said agreement relating to
lease or rent payments.
13. If any conflict or inconsistency exists between the Surety's obligations as described in this bond
and as may be described in any underlying agreement, permit, document or contract to which
this bond is related, then the terms of this bond shall prevail in all respects.
14. This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the Obligee
objects to any language contained herein, within 30 days of the date this bond is signed and
sealed by the Surety, Obligee shall return this bond, certified mail or express currier, to the
Surety at its address at:
The Hanover Insurance Company
Attention: Kimberly Kelly
440 Lincoln Street
Worcester, MA 01653
Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and
conditions herein.
IN WITNESS WHEREOF, the signature of said Principal is hereto affixed and the corporate seal
and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact,
this 11th day ofy, 2023.
Bond No. 1102220
Pivot Solar 36 LLC
By:
B
The Hanover Insurance Company
J.
nifer S n Vanat, Attorney -in -Fact_
(Acknowledgment of bond by Limited Liability Company)
STATE OF C..,D1Qrc (tC )
COUNTY OF��� )
Bond No. 1102220
On this t ��h day of , 0-6723
_1before me personally came
T oivi to I to me known, being sworn
by me, did depose and say that (s)he resides in
n 0,e%'
that (s)he is the O
�_j_ � of Pivot Solar 36 LLC
a Limited Liability Company described in and which
executed the foregoing instrument; that (s)he signed his/her name thereto pursuant to
authority granted by Limited Liability Company's Operating Agreement.
Sworn to and acknowledged on the above date,
(Acknowledgment of bond by Surety Company)
STATE OF NEW YORK )
COUNTY OF ALBANY)
TISHANY K. JENKINS
Notary Public
State of Colorado
Notary ID # 20114074240
My Commission Expires 05-11-2024
On this 11th day of July,2023 before me personally came Jennifer Susan Vanat to me known, who
being by me duly sworn, did depose and say that (s)he resides in Stuyvesant, NY,(s)he is the
Attorney -in -fact of THE HANOVER INSURANCE COMPANY and which executed the within instrument;
that (s)he knows the seal of said Company and that it was affixed thereto by authority of the
Power of Attorney of said Company; of which a certified copy is attached; and that (s)he signed
said instrument as an Attorney -in -Fact of said Company by like authority.
Sworn to and acknowledged on the above date,
EILEEN FOLEY
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01F06442059
QUALIFIED IN RENSSELAER COU
MY COMMISSION EXPIRES OCT 11, 2
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the
laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of
Michigan, (hereinafter individually and collectively the "Company.) does hereby constitute and appoint,
Kevin J. Garrity, John F. Murray, Jr., Renee A. Manny Casey W. LaChapelle, Maddalena Bucciero, Thomas R. Tyrrell and/or Jennifer Susan Vanat
Of NFP Property & Casualty of Albany, NY each individually, if there be more than one named, as its true and lawful attomey(s)-in-tact to sign, execute, seal,
acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or
other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding
upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however,
that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of
any limitation stated below:
Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($35,000,000) in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions
remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to
appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds,
recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the
Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and
acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or Vice President In conjunction with any Vice President of the Company, shall be binding on the Company to the same extent
as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981 —
The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 —Citizens Insurance
Company of America and affirmed by each Company on March 24, 2014)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY
OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 14th day of June, 2023
The Haaorer Wenner Comp.,'
Maseaeb.sets Ray legso.00 Coa+Moy`
Citizens inburanee Ceaspany.of America
41
H. Kewiecki, Vico Presldent
The Ifesover lwuraace Company
beams Rey /entrance Company
lase nee Company of America
Non Id. Msndoxs, Vice
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) ss.
On this 14th day of June 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts
Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and
acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and
subscrib&d tq sold instruments the authority and. directfonpf. said Corporations.
Wan y La
b!y comp
t�q► " Pubi
ifatlJuly 31, 2025
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify
that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _11th_ day of _July 2023
CERTIFIED COPY
Hanover
insurance (soup
The Hanover Insurance Company, Bedford, New Hampshire
Assets and Liabilities as of December 31, 2022
ASSETS
2022
Cash in Banks (Including Short -Term Investments) $ (22,202,279)
Bonds and Stocks $7,732,781,218
Other Admitted Assets $2,603,181,043
Total Admitted Assets $10,313,759,982
LIABILITIES, CAPITAL AND SURPLUS
Reserve for Unearned Premiums $2,297,094,229
Reserve for Loss and Loss Expense $4,830,238,940
Reserve for Taxes $ 0
Funds held under reinsurance treaties $ 1,773,448
Reserve for all other liabilities $ 502,090,257
Capital Stock - $1.00 par $ 5,000,000
Net Surplus $2,677,563,108
Policyholders' Surplus $2,682,563,108
Total Liabilities, Capital and Surplus $10,313,759,982
COMMONWEALTH OF MASSACHUSETTS
COUN'T'Y OF WORCESTER
I, Jeffrey Farber, Assistant Treasurer of The Hanover Insurance Company, being duly sworn deposes and
says that he is the above described officer of said Company, and certifies that the forgoing statement is a true
statement of the condition and affairs of the said Company on December 31, 2022.
A JAIME L HAWLEY
Notary Public
coMMONWEALTH OF MASSACHUSETTS
My Commission Expires
December 14, 2023
7o;-0o-iecwp (3120,
hanover.com
Jef y Farber
Assistant Treasurer
The Hanover Insurance Company
440 Lincoln Street, Worcester, MA 01653
14T, Pivot
Energy
Pivot Solar 36 LLC — Decommissioning Plan
Weld County requires that Pivot Solar 36 LLC ("Pivot") submit a Decommissioning plan to the Department of
Planning Services as part of the final administrative review and approval process for a Solar Generation facility.
The decommissioning costs will total approximately $107,200.
The useful life of the solar facility is expected to be at least 20 -years. At the end of the project's useful life, Pivot
will suspend operations and decommission the plant, which will include any necessary demolition, removal of
above and below ground equipment, and site reclamation efforts. Pivot's obligation under the Solar Lease
Agreement is to return the site to the landowner in substantially the same condition that the property was in prior
to the improvements being made.
This document establishes a detailed plan for decommissioning and reclamation activities once the project
reaches the end of its useful life. The proposed activities will likely need to be refined throughout the project's
life to reflect future best practices of the solar industry.
Pivot has assumed the planning process will be initiated one to two years prior to the anticipated end of
commercial operation. The final plans will be developed in consultation with Weld County and any other
applicable agencies that have jurisdiction of activities in the decommissioning process.
1. Decommissioning Project Elements and Milestones
The key tasks of project decommissioning are divided into related activities that represent milestones in the
process. Each activity is described in further detail below. The decommissioning schedule reflects the conceptual
timing of the milestones and overall process.
The individual project components to be decommissioned will either be 1) recycled or reused to the maximum
extent practicable, or 2) removed from the site and disposed of at an appropriately licensed disposal facility. The
general decommissioning approach will be the same whether a portion of, or the entire Project is
decommissioned.
The activities involved in the facility closure will depend on the expected future use of the site. Certain facility
equipment and features may be left in place at the property owner's request, such as transmission facilities, roads,
and drainage features. At the time of decommissioning, a plan will be submitted to the County proposing the
equipment that will be removed and, if applicable, equipment that will remain, based on expected future use of
the site.
Pre -closure activities include final closure and reclamation planning, which identifies measures to be taken to
restore the site to near pre -construction conditions. This includes but is not limited to the following:
Complete an analysis of the project materials and their composition to identify those specific components
that may be recycled, re -used, scrapped, or sent to disposal sites; as well as identifying specific recycling
facilities and disposal sites for materials.
Coordinate with local officials to obtain permits and develop plans for the transportation of materials and
equipment to and from the site.
Develop specifications for demolition and reclamation, which will serve as the basis for contractor bids for
decommissioning the project and establish the scope of demolition and reclamation, including developing
reclamation plans in compliance with local, state, and federal regulations.
pivotenergy. net
"► Pivot
Energy
Pivot Solar 36 LLC — Decommissioning Plan
During the planning process Pivot will brief the County and other applicable agencies on the
decommissioning process and plans. All necessary permits and approvals required for the decommissioning will
be obtained prior to commencing operations.
The first step in the decommissioning process will be assessing existing site conditions and preparing the site for
demolition. Site decommissioning and equipment removal is expected to take up to one year. Therefore, access
roads, fencing, some electrical power, and other facilities will temporarily remain in place for use by the
decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage
areas pending final transportation and disposal and/or recycling according to the procedures listed below.
A plan will be implemented for de -energizing portions of the facility to allow safe decommissioning and formal
lock out and tag out procedures. This will ensure all electrical components are placed and maintained in a safe
condition for demolition activities prior to the start of work.
PV Module and Tracker Removal and Recycling
During decommissioning, project components that are no longer needed will be removed from the site and
recycled, reused or disposed of at an appropriately licensed disposal facility. The first operation is to disconnect
and remove modules from the tracker assemblies.
Next, the tracker and mounting structures, DC wiring materials, and combiner boxes will all be assembled and
segregated for disposal or salvage. Steel piles that support the PV racking system will be removed and either re-
used or recycled to the maximum amount possible. Below ground portions of the supports will either be removed
or cut off at least two feet below ground surface and left in place.
The demolition debris and removed equipment will be safely removed from the premises and transported to an
appropriately licensed disposal facility or recycling center. Photovoltaic modules will either be re -used, recycled
or disposed of in accordance with applicable laws at the time of decommissioning.
Roads
Onsite access roads will remain in place during the decommissioning process. The roads may remain intact after
decommissioning if the property owner deems them beneficial for the future use of the site. Roads that will not
be used after the solar project's decommissioning will be removed at the end of the process.
Fencing
Project site perimeter fencing will be removed at the end of the decommissioning project, unless it may be utilized
for future use of the site and the property owner requests the fence remain in place. This includes the removal of
all posts, fencing material, gates, etc. to return the site to pre -project condition.
Transportation and Cleanup
During the disassembly and demolition process, materials will be segregated and temporarily placed in gathering
areas for transportation. Various materials including, but not limited to, concrete, steel, aluminum, and copper
will be temporarily stockpiled at or near a designated processing location pending transport to an appropriate
offsite recycling facility. All such materials will then be transported from the site to approved designated facilities
for recycling, scrapping or disposal. All metals will be recycled to the extent practical given the recycling options
available at the time of decommissioning.
pivotenergy.net
" Pivot
%At Energy
Pivot Solar 36 LLC — Decommissioning Plan
In general, the decommissioning will be undertaken using traditional heavy construction equipment including, but
not limited to, front end loaders, cranes, track mounted and rubber -tired excavators, bull dozers, and scrapers.
Areas where excavation is required will be backfilled with natural material and compacted. Any voids left from
the removal of foundations will be backfilled with surrounding subsoil and topsoil and fine graded to ensure
suitable drainage and reclamation of natural grades.
Soil management and re -contouring operations will be conducted to minimize the surface area disturbance and
implement the activities in the safest and most efficient manner and in accordance with applicable local
requirements. Major earthwork is not anticipated as construction of the site will not alter the general grade across
the site.
To account for post -decommissioning dust control, areas of exposed soils will be revegetated, consistent with the
expected future use of the site and State or County requirements. The native dry grass vegetation will be re-
established to prevent the spread of weeds. Mulching or palliatives may be used for temporary dust control until
vegetation is established.
Monitoring Site Restoration
Upon completion of the decommissioning process, a one-year restoration monitoring period will begin.
Monitoring will ensure that grading and drainage implemented is successful in stabilizing water flow patterns and
that the cover vegetation (native dry grass vegetation or other depending on land use) will be reestablished to
prevent the spread of weeds. Corrective actions will be implemented if such monitoring determines adverse
conditions are present because of an inadequate restoration.
2. Decommissioning/ Reclamation Cost Estimates
Pivot commits to working together with the County to update the cost estimates every five years from the
establishment and submittal of the security bond. The cost estimates will include all costs associated with the
dismantling, recycling, and safe disposal of facility parts and site reclamation activates and consider the salvage
value of the facility.
Initial cost estimate (2022):
Fencing
$3,200
Structures
$44,000
Modules
$32,000
Electrical
$16,000
Site Restoration
$12,000
Total
$107,200
The scope includes:
• Electrical permit fees
• Removal and disposal of wildlife -friendly game fence
• Removal of racking and foundations
pivotenergy. net
rPivot
�yl► Energy
Pivot Solar 36 LLC — Decommissioning Plan
• Removal of modules
• Removal of electrical equipment (transformers, pads, etc.)
• Removal of electrical DC string wiring and AC underground wiring
• Site restoration and reclamation
• Waste disposal fees
• Temporary restrooms and necessary facilities for workers
• Safety and protection equipment
pivotenergy.net
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, C/O PIVOT SOLAR 36, 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 17th day of
May, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jerry Loeffler, Personal Representative for Lydia Loeffler,
23896 County Road 35, LaSalle, Colorado 80645, c/o Pivot Solar 36, LLC, 1601 Wewatta Street,
Suite #400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0008, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
North of the Lower Latham Drainage Ditch;
being part of the W1/2 NW1/4 of Section 1,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Sundman,
Pivot Solar 36, LLC, 1601 Wewatta Street, Suite #400, Denver, Colorado 80202, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
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2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, CIO PIVOT SOLAR 36, LLC
PAGE 2
County's economy, land use processes and decisions based on this
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth."This Solar Energy Facility (SEF) will
initially provide construction jobs and energy to Weld County,
functions, which directly support economic prosperity. This SEF,
being a power -generating facility, will add variety, stability, and
redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. The proposed solar facility is proposed to be setback
approximately 550 feet from County Road (CR) 35 and will be
setback more than 500 feet from the nearest residences. Once
operational, the proposed SEF creates no noise, odor, light or
flickering, vibration, vermin, dust, or other nuisances. The operation
of the SEF is almost entirely unnoticeable to neighboring properties
and it will not impact surrounding property owners' right to quiet
enjoyment.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
project is committed to donating 100% of the energy produced to
low-income Coloradans to assist in paying energy bilis.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEFs), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than five (5)
acres, but less than 320 acres, in the Ag/Rural Area, as shown on
Appendix 21-B."This Code section allows the applicant to apply for
the subject SEF, being located in the Near/Urban Area, as shown
by map in Appendix 21-B. Per Section 23-1-90 of the Weld County
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, CIO PIVOT SOLAR 36, LLC
PAGE 3
Code, a "Solar Energy Facility" means: "a commercial facility whose
primary purpose is to supply electricity and consists of one or more
solar arrays and other accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 35 acres of a 66 -acre parcel and qualifies
as a SEF USR. This SEF may also include two (2) 40 -foot Conex
(cargo) containers during construction. Cargo containers are
allowed as an Accessory Use, per Section 23-3-30.B of the Weld
County Code. The applicant indicated a temporary office trailer may
be utilized during construction. If an office trailer is utilized during
construction, it will be removed from the property prior to operation.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are 13 properties that
surround this site. Eight (8) parcels with residences are located to the east
(on the west side of County Road 35), along with one (1) residence located
to the south, and one (1) residence located to the northwest. A Special Use
Permit for a kennel (SUP -446 — kennel for up to 20 dogs) is located to the
west, and a dairy (USR13-0012 - 7,500 head dairy) is located to the south.
The properties to the immediate northwest, and within one -quarter (1/4)
mile to the west, are in the City of Evans and have a City designated zoning
of 1-3, Heavy Industrial, and PUD. The application and draft USR map
delineate the boundaries of the solar facility on the eastern portion of the
property (setback from residences to the west and northwest). The
application also indicated that the solar facility will be setback more than
500 feet from the nearest residence. There is a Zoning Permit for a SEF,
less than (5) acres, that was approved in 2022, under case #ZPSF22-0001,
on the adjacent property to the north, which is under the same owner as
the proposed USR property and has not been constructed as of April 2023.
Weld County Department of Planning Services staff sent notice to
29 surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
proposed screening, 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 23-2-220.A.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 site is located within the three (3) mile referral area of
the Cities of Evans and Greeley, the Towns of LaSalle and Milliken, and
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 4
within the Cooperative Planning Agreement (CPA) boundaries for the
Towns of LaSalle and Milliken and the City of Evans. Notice of Inquiry forms
were provided to these municipalities in June 2022. The City of Evans and
Town of LaSalle, in their Notice of Inquiry responses, dated June 30, 2022,
and January 2023, respectively, indicated they were not interested in
pursuing annexation. No response was received from the Town of Milliken.
The Town of LaSalle, in their referral comments, dated February 14, 2023,
requested the western half of the property, adjacent to CR 35, remain open
for future development, and that the applicant obtain a Flood Hazard Permit
for any development in the floodplain and establish a haul route during
construction that avoids First Avenue in the Town of LaSalle. Conditions of
Approval requiring such are attached. The site is within the Town of
LaSalle's Primary and Secondary Growth Boundaries. The future land use
map is not available online. The Cities of Evans and Greeley in their referral
comments, dated January 26, 2023, and February 2, 2023, respectively,
indicated they have no concerns, and no referral response was received
from the Town of Milliken. According to the City of Evans' Community
Master Plan and corresponding future land use map the site is located
outside of the City's Urban Growth Boundary.
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 or
Airport Overlay District. The property is located within 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.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposal is located on approximately 35 acres designated as
"Prime farmland if drained" and either protected from flooding or not
frequently flooded during growing season, with low slope (0 to 3 percent)
and poorly drained soils, per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report. The proposed use of the property for
an SEF will not remove topsoil from the property. After the life of the SEF
the land may be returned to historic uses. The application indicated well
water with limited pumping rights onsite. There are no records of irrigation
wells for agricultural production on this property. There is an existing Well
Permit, #92982-A, for domestic and livestock irrigation purposes and Well
Permit #133886, for livestock irrigation on the site. As of April 2023, a
portion of the site appears to be planted in grass/hay with a portion of the
site being disturbed ground/potentially cultivated -disked. The solar array
facility is proposed to utilize a native seed mixture that would help to
preserve the land for future agricultural use.
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 5
G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jerry Loeffler, Personal Representative for Lydia
Loeffler, do Pivot Solar 36, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0008, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the parcel of land described above, be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement - Construction is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes.
B. The applicant shall contact the oil and gas or ditch owner to obtain, in
writing, permission to utilize their access road for an access.
C. The applicant shall submit the Interconnection Agreement.
D. There are two (2) existing residences on the property. One (1) residence
was constructed in 1910, and one (1) residence was constructed in 1937.
These residences were constructed before zoning was established on the
property. The applicant shall either: 1) submit a nonconforming use
application for one (1) of the existing residences, or 2) submit an application
for a Zoning Permit for a Second Dwelling for the second residence,
provided it meets the requirements of Chapter 23, Division 8 of the Weld
County Code.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0008.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
and Section 23-4-1030 of the Weld County Code.
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REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 6
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
6) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two (2), per Section 23-3-30.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.
7) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan, if
applicable.
10) County Road 35 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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.
11) County Road 394 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
2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 7
from the edge of the right -of- way. This road is maintained by Weld
County.
12) The applicant shall show and label the existing permitted access
point onto CR 35 and the usage type (Commercial). Development
Review will review the access location as a part of the plan
submittal.
13) If applicable, show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
Otherwise, show and label the drainage flow arrows.
14) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number.
15) The applicant shall show the inverter pad and extent of solar panels
on the map. The map shall identify the setback distance from the
nearest single-family residence. The solar panels shall be setback
a minimum of 500 feet from the nearest residence, as stated in the
application materials.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. If there is any disturbance/construction in the floodplain, a Floodplain
Development Permit is required.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 8
C. The approved tracking control shall be constructed.
D. 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.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datorwo .aCllO:4
Weld County Clerk to the Board
2023-1304
PL2870
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR LYDIA LOEFFLER,
CIO PIVOT SOLAR 36, LLC
USR23-0008
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0008, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
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, according to the application
materials. 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 grade below each solar panel, to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
6. Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
7. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through landscaping or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent signed by the residence owner agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
8. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts
(where necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended.
10. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
2023-1304
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DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, CIO PIVOT SOLAR 36, LLC
PAGE 2
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
11. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to 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), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
12. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an
approved Access Permit from the Weld County Department of Public Works, pursuant to
the provisions of Chapter 8, Article XIV of this Code, per Section 23-4-1030.C.8 of the
Weld County Code, as amended.
13. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
14. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per
Section 23-4-1030.B.4.h of the Weld County Code, as amended, Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning, in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
15. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
18. The property owner shall maintain compliance with the Decommissioning Plan and the
Communication Plan.
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.
2023-1304
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DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 3
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. Weld County is not responsible for the maintenance of on -site drainage related features
24. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
25. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
26. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Map Panel #08123C -1726F and 1730F, issue date
September 17, 2020 (South Platte River Floodplain). Any development shall comply with
all applicable Weld County requirements, Colorado Water Conservation Board
requirements, as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials.
31. FEMA floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
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DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 4
32. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2018
International Energy Conservation Code, 2020 National Electrical Code, and Chapter 29
of the Weld County Code. A plan review shall be approved, and a permit must be issued
prior to the start of construction.
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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
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written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
40. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
42. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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