HomeMy WebLinkAbout20233267.tiff •
RESOLUTION
RE: APPROVE DECOMMISSIONING AND RECLAMATION PLAN, AND ACCEPT
COLLATERAL FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY,
ZPSF23-0002,LESS THAN FIVE(5)ACRES IN-SIZE(5 ACRE SEF)-SUNSHARE,
LLC,C/O BEAU SCOTT
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,on July 6,2023,the Department of Planning Services conditionally approved
the application of SunShare,LLC, 1724 Gilpin Street,Denver,Colorado 80218,for a Zoning
Permit for Solar Energy Facility,ZPSF23-0002,less than five(5)acres in-size(5 ACRE SEF),on
the following described real estate,being more particularly described as follows:
Cirque Solar,LLC—Lot B of RE-5081;being part of
the E1/2 of Section 33,Township 7 North,Range 65
West of the 6th P.M.,Weld County,Colorado
WHEREAS,the owner of the property is Wayne Alm,20842 County Road 76,Eaton,
Colorado 80615,and
WHEREAS,pursuant to Condition of Approval#3.D of ZPSF23-0002,SunShare,LLC,
has presented the Board with a Decommissioning and Reclamation Plan for 5 ACRE SEF,for the
Cirque Solar,LLC,facility and requests the Board to accept Surety Bond#SU1198230-0000,
insured through Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300,
Jersey City,New Jersey 07311-1107,in the amount of$13,800.00,guaranteeing maintenance,
replacement,removal,relocation,and/or reclamation of said solar energy facility,and
WHEREAS,staff recommends approval of the Decommissioning and Reclamation Plan
and acceptance of Surety Bond#SU1198230-0000,since they comply with Section 23-4-455.D.7
of the Weld County Code and will satisfy Condition of Approval#3.D of ZPSF23-0002.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County,Colorado,that the Decommissioning and Reclamation Plan,be,and hereby is,
approved and accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Bond
#SU1198230-0000,insured through Arch Insurance Company,Harborside 3,210 Hudson Street,
Suite 300,Jersey City, New Jersey 07311-1107,in the amount of$13,800.00,guaranteeing
maintenance,replacement,removal,relocation,and/or reclamation of said solar energy facility
as permitted and operated under ZPSF23-0002,be,and hereby is,approved and accepted.
4931989 Pages: 1 of 2
11/21/2023 1135
aMd Re F..:$,0,0 d county,co
Carly KoPPea
CC:Pi0'7/MN/oA/SI'M/KR/OA) 2023-3267
12/2 o/23 PL2520
DECOMMISSIONING AND RECLAMATION PLAN,AND COLLATERAL FOR ZONING PERMIT
FOR SOLAR ENERGY FACILITY(ZPSF23-0002)-SUNSHARE,LLC,C/O BEAU SCOTT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 1st day of November,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD _COUNTY,COLORADO
ATTEST: GG( rajL
Mi eeman,Chai
Weld County Clerk to the Board
rn . OcIA 7rPerry L.B k,Pro-TemB ZJ�
Deputy Clerk to the Board
�,a .tt K.James
AP ED FORM: 40 La
°,Ke Ross
County A torney
1tf �Z3 � T1a
IQ e
Date of signature: f(` �
4931989 Pages: 2 of 2
11/21/2023 1 :5AMFe.:$O.0 ,CO
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2023-3267
PL2520
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:Surety Bond for a Solar Energy Facility(ZPSF23-0002)
DEPARTMENT:Planning Services DATE: 10/2/2023
PERSON REQUESTING: Diana Aungst/Tom Parko
Brief description of the problem/issue:
SunShare LLC has submitted a Surety Bond for the Board of County Commissioner's consideration.The
applicant submitted the decommissioning and reclamation plan for ZPSF23-0002 Solar Energy Facility.
ZPSF23-0002 was conditionally approved by staff on July 6,2023.The Surety Bond(#1198230-0000)meets
the intent of Condition of Approval#3.D of the staff report.The Surety Bond meets the requirements of Section
23-4-455.D.7 of the Weld County Code.
What options exist for the Board?
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Consequences:Consequence of not approving/accepting the surety-the County won't have collateral
in the event that the operator fails to follow through with reclamation.Taxpayers will be on the hook to remove
solar equipment and reclaim the property.
Impacts:Unknown
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):Unknown
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of 23-4-455.D.7
of the Weld County Code and staff has accepted the related decommissioning/reclamation plan.If the surety
bond is approved by the Board of County Commissioners it will satisfy Condition of Approval#3.D of the staff
report.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Tem .
Mike Freeman,Chair of
Scott K.James -/,�
Kevin D.Ross C``'
Lori Saine VI q f melj
2023-3267
V\ PL25Z0
Karla Ford
From : Lori Saine
Sent: Tuesday, October 3 , 2023 2 : 32 PM
To: Karla Ford
Subject: RE : Please Reply - Planning 1 Pass Around ZPSF23 -0002 Decommissioning and Bond
acceptance.
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone : 970-400-4205
Fax : 970-336-7233
Email : Isaine@weldgov.com
Website : www . co . weld . co . us
In God We Trust
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 : Karla Ford < kford@weld . gov>
Sent : Tuesday, October 3 , 2023 11 : 45 AM
To : Lori Saine < Isaine@weld .gov>
Subject : Please Reply - Planning 1 Pass Around ZPSF23 -0002 Decommissioning and Bond acceptance .
Importance : High
Please advise if you support recommendation and to have department place on the agenda .
Karla Ford
1
SURETY BOND
BOND NUMBER SU 1198230-0000
KNOW ALL MEN BY THESE PRESENTS,that SunShare,LLC,as Principal,and Arch
Insurance Company. a corporation duly organized under the laws of the State of Ohio,as
Surety,are held and firmly bound unto The Board of County Commissioners of Weld County,
Colorado,as Obligee in the sum of$13,800.00 lawful money of the United States,for payment
of which,well and truly to be made,we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally,Snotty by these presents,the liability of the Surety
being limited to the penal sum of this bond regardless of the number of years the bond is in effect.
WHEREAS,the Principal has entered into a written agreement with the Obligee for the placement
of a solar energy facility comprised of solar energy collection cells/panels and related facilities
necessary to harness sunlight for energy generation and distribution and associated support structure,
braces,racking,wiring and related interconnection equipment which agreement sets forth the terms
and conditions which govern the use of such Permit ZPSF23-0002 and which agreement is hereby
specifically referred to and made part hereof as Exhibit A("Resolution"),and
WHEREAS,Weld County requires the submission of a bond guaranteeing the maintenance,
replacement,removal or relocation of said solar energy facility located at Cirque Solar LLC-Lot
B of RE-5081;being part of the E2 of Section 33,T7N,R65W of the 6th P.M.,Weld County,
CO and as further detailed in the revised Decommissioning Plan,attached as Exhibit B.
NOW THEREFORE,the condition of this obligation is such,that if the above bounden Principal
shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee
against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance,
replacement,removal or relocation of side solar energy facility,then this obligation shall he void,
otherwise to remain in full force and effect unless cancelled as set forth below.
Whereas,the Obligee has agreed to accept this Bond,this Bond shall be effective for the definite
period of August 25,2023 to August 25,2024.
THIS BOND shall automatically renew for successive one-year terms unless,at least forty-five(45)
days prior to the next annual renewal date(which shall be December 3 l of each calendar year),the
Surety delivers written notice to Principal and to Obligee,or Principal delivers written notice to
Surety and Obligee,that the notice-sender seeks to modify the terms of,or cancel,this bond.Written
notice is effective if delivered to,or sent by certified mail,postage prepaid,and deposited in the U.S.
Mail,at least forty-five(45)days prior to the next annual renewal date addressed to the Principal or
Surety,as the case tnay be,and to the Obligee requiring bond,as outlined in the notice section of
this Bond,and is actually received by the Principal or Surety,as the case may be,and the Obligee
at least thirty(30)days prior to the renewal date. However,neither:(a)the Surety's decision to
cancel,nor(b)the failure or inability of the Principal to file a replacement bond or other security in
the event the Surety exercises its right to cancel this Bond,shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
NOTICE:
Principal:
SunShare,LLC
1724 Gilpin Street
Denver,Colorado 80218
Surety:
Arch Insurance Company
Harborside 3,210 Hudson Street,Suite 300
Jersey City,NJ 07311-1107
Obligee:
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley,CO 80631
THIS BOND is signed,sealed,dated on the 25th day of August,2023.
This bond is effective the 25th day of August'2023.
SunShare,LLC
By:, .71"/
Arch Insurance Company
By: ----
Senia Hernandez,Attorney-in-Fa
Exhibit A
To be attached and made part of Arch Insurance Company Bond No.SU 1198230-0000
ZONING PERMIT FOR SOLAR ENERGY FACILITY
LP. r ADMINISTRATIVE REVIEW
}--coui c
Planner: Diana Aungst
Case Number: ZPSF23-0002
Applicant: SunShare LLC do Beau Scott
1724 Gilpin Street,Denver,CO 80218
Owner: Wayne Alm
20842 CR 76,Eaton CO 80615
Request: Zoning Permit for Solar Energy Facility(3.77 acres)in the A(Agricultural)Zone
District.
Legal Description: Lot B of RE-5081;being part of the E2 of Section 33,T7N,R65W of the 6th P.M.,
Weld County,CO
Location South of and adjacent to CR 76 and approximately 0.25 miles west of CR 4
Zoning: A(Agricultural)Zone District Parcel#: 0709-33-1-00-065
Parcel Size: ±83 acres Latitude: 40.53767
Lease Area: 0 3.77 acres Longitude: -104.66772
The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code.
The Department of Planning Services'staff has received referral responses with comments from the
following agencies:
➢ Eaton Fire Protection District,referral dated March 14,2023
➢ Weld County Department of Public Health and Environment,referral dated March 20,2023
➢ Weld County Department of Planning Services—Development Review,referral dated March 16,2023
The Department of Planning Services'staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office,referral dated March 14,2023
➢ Weld County School District RE-2,referral dated March 23,2023
➢ Northern Colorado Water Conservancy District,referral dated March 22,2023
➢ Weld County Oil and Gas Energy Department,referral dated March 20,2023
➢ State of Colorado,Division of Water Resources,referral dated March 27,2023
The Department of Planning Services'staff has not received responses from the following agencies:
➢ Town of Eaton
➢ Colorado Parks and Wildlife
➢ West Greeley Conservation District
➢ Weld County Department of Planning Services-Code Compliance
Case Summary:
The applicant,SunShare LLC,is proposing a solar energy facility(Cirque Solar)that is less than five(5)
acres in size(5 ACRE SEF).The facility will encompass about 4 acres.
ZPSF23-0002 I Alm
Page 1 of 5
The solar panels are mounted to single-axis tracking arrays,which sit parallel to the ground and follow the
path of the sun across the sky.The tracking arrays produce DC current,which is converted into AC current
by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility
transformer.The modules utilize a non-reflective glass which eliminates glare concerns and all electrical
cables on the improved area will be buried,except for the direct current string wires that connect between
solar collectors,direct current collection circuits between rows of solar arrays that are no more than four(4)
feet above grade crossings,substations,switch yards,and circuits voltages greater than 34.5 kilovolts
(where necessary.)There will be no permanent employees on site during operation,and maintenance visits
are expected to occur quarterly on average.
Solar panels will not exceed ten(10)feet in height above the grade,at maximum tilt.The site will be
surrounded by an 8'high game fence.
There are four(4)residences within 500 feet of the proposed project location.These residences are located
to the north and northwest of the site.SunShare is proposing to construct a six-foot(6')tall,offset-picket
composite privacy fence running the length of the northern side of the site and an additional fifty(50)feet
of fencing along the western project boundary.The fence would run for a total of+/-425 feet.The original
application stated that the fence would extend twenty(20)feet along the eastern property line,however,
after further review it was determined that the fence is required on the west property line and not along the
east side.The applicant submitted a revised narrative indicating that the screening will be on the west
property boundary as a revised site plan was also submitted showing that the screening will be fifty(50)of
feet along the west property line.
The operational life of an SEF is generally between 20-40 years.The SEF has an initial 20-year contract
with Public Service Company of Colorado(Xcel)to sell power into the Xcel Electric grid,and the major
equipment components have warranty options up to 30 years,with a useful life of 35-40 years.Upon
decommissioning,SunShare will entirely remove all SEF components(fencing,steel racking,cabling,solar
panels and associated interconnection equipment)and undertake measures to restore the land to its
original state,as addressed in the attached Decommissioning Plan.
As no employees will be located at the site,permanent water and sewer is not required.Screened portable
toilets,hand washing units and bottled water can be utilized during construction.
Approved with Conditions:
1. The Weld County Department of Planning Services has determined through an administrative review
that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code
have been met and the request is approved with conditions.
A. The application is in compliance with the standards identified for Solar Energy Facilities Less than
Five(5)Acres(5 ACRE SEF).
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code.Pertinent information includes:
A draft Decommissioning and Reclamation Plan was submitted with a cost estimate.There are four
(4)residences within five hundred(500)feet of the site and the applicant will provide a six-foot(6')
tall,offset-picket composite privacy fence running the length of the northern side of the site and an
additional fifty(50)feet of fencing along the western project boundary to screen the SEF from the
adjacent residences.
B. The Department of Planning Services has sent notice and has not received signed notification from
at least thirty percent(30%)of surrounding property owners within five hundred(500)feet of the
subject property in opposition to the location of the 5 ACRE SEF within twenty-eight(28)days.
Notice was sent to thirteen(13)surrounding properties and no responses were received.
2. Prior to construction,
A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation
standards of Chapter 29 of the Weld County Code.
ZPSF23-0002 I Alm
Page 2of5
B. The approved access and tracking control shall be constructed prior to on-site construction.
C. The applicant shall submit a copy of a"letter of intent to interconnect"or interconnection agreement
signed by the utility company.
3. Prior to the release of building permits,the applicant shall:
A. An acceptable Final Drainage Report shall be submitted.
B. A Road Maintenance Agreement for Construction activities is required at this location.Road
maintenance includes,but is not limited to,dust control and damage repair to specified haul routes.
C. The applicant shall address the requirements of the Eaton Fire Protection District,as stated in the
referral response dated March 14,2023.Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
D. Submit an irrevocable standby letter of credit,bond,or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code.Weld County,in its sole discretion,may approve alternative forms of Security such as,but
not limited to bonds,letters of credit,corporate guarantees from electric utilities serving the County,
or other securities,if it finds that such alternative forms will provide an assurance of the availability
of financial resources for decommissioning/reclamation that equals or exceeds that provided by the
form required herein.The method and object of Security shall be approved by the Weld County
Attorney.The Security shall:
1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter
of credit;
2. Be issued by an A-rated financial institution based upon a rating provided by S&P,Moody's,
Fitch,AM Best,or other rating agency with similar credentials;
3. Include an automatic extension provision or"evergreen clause";and
4. Be"bankruptcy remote,"meaning the Security will be unaffected by the bankruptcy of the 5
ACRE SEF operator.
4. The following development standards must be met at all times throughout the existence of the 5 ACRE
SEF:
1. The solar energy facility(5 ACRE SEF)is an unmanned facility less than five(5)acres in size.
2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
4. SunShare LLC shall maintain in compliance with the Eaton Fire Protection regulations at all time.
5. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete
in accordance with the accepted Decommissioning and Reclamation Plan.
6. Height limitation.Ground-mounted solar collectors shall not exceed twenty-five(25)feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation.
7. Glare.A 5 ACRE SEF shall be designed,located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at any time of
the day.
8. Setbacks.The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the
underlying zone.Additionally,the improved area must be at least five hundred(500)feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development.The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed,or upon submittal to Weld County of a waiver
ZPSF23-0002 j Alm
Page 3of5
or informed consent signed by the residence owner agreeing to the lesser setback.
9. Dust mitigation.The operators of the 5 ACRE SEF shall continuously employ the practices for
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan.
10.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).
11.Fencing.The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services.Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
12.Stormwater management.The 5 ACRE SEF shall comply with the accepted final drainage report.
13.Existing irrigation systems.The nature and location or expansion of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
14.Security.An irrevocable standby letter of credit,bond,or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code shall be held for the life of the project.The letter shall name the Board of County
Commissioners of Weld County as the sole beneficiary;be issued by an A-rated financial institution
based upon a rating provided by S&P,Moody's,Fitch,AM Best,or other rating agency with similar
credentials;include an automatic extension provision or"evergreen clause;"and be"bankruptcy
remote,"meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator.
15.The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II,of the Weld County Code.
16.The access to the site shall be maintained to mitigate any impacts to the public road,including
damages and/or off-site tracking.
17.There shall be no parking or staging of vehicles on public roads.On-site parking shall be utilized.
18.Any work that may occupy and or encroach upon any County rights-of-way or easement shall
acquire an approved Right-of-Way Use Permit prior to commencement.
19.The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
20.Weld County is not responsible for the maintenance of onsite drainage related features.
21.The historical flow patterns and runoff amounts on the site will be maintained.
22.During construction,all liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and
Facilities Act,30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
23.During construction,no permanent disposal of wastes shall be permitted at this site.This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.
24.During construction,waste materials shall be handled,stored,and disposed in a manner that
controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance
conditions.The facility shall operate in accordance with Chapter 14,Article 1 of the Weld County
Code.
25.Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility.
ZPSF23-0002 I Alm
Page 4 of 5
26.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.
27.The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
Ctk- -,t-"�/�'
c 1�`41�t Date:July 6,2023
Diana Aungst,Planner Ill
ZPSF23-0002 I Alm
Page 5 of 5
Exhibit B
To be attached and made part of Arch Insurance Company Bond No.SU 1198230-0000
Decommissioning/Reclamation
Plan
For a ZPSF Permit
Cirque Solar LLC
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number:ZPSF-TBD
Wayne Alm(Parcel ID No.070933100065)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley,CO 80631
Prepared by:
SunShare,LLC
Denver,Colorado
*4-�SunShare
Date Prepared:January
2023
1.0 Overview
As a condition of approval for the Site-Specific Development Plan and Zoning Permit Solar
Energy Facility(ZPSF),Weld County required that SunShare prepare a Decommissioning/
Reclamation Plan for the solar facility,that is to be reviewed and approved by the Weld
County Department of Planning Services. The intent of this Decommissioning/
Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after
its useful life and/or the termination of power generation operations;and to return the subject
property to conditions that existed prior to the solar facility's construction.
The solar power generation facility has an estimated useful life of 3o years or more,with an
opportunity for a life of so years or more with equipment replacement and repowering.At the
end of the useful life of the facility,SunShare will cease power generation,decommission the
facility,and remove the components of the facility from the subject property.The site will be
reclaimed and returned to the agricultural use that existed priortothe facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry,during the life of this facility.SunShare
will follow solar industry standards and best management practices(BMPs)that exist at the time
of decommissioning and reclamation of the site.
1.1 Procedures for Decommissioning the Solar Facility
After Useful Life&Termination of Power Generation
The solar facility consists of numerous recyclable materials,including glass,semiconductor
material,steel,aluminum,copper,and plastics. When the facility reaches the end of its
operational life,the component parts can be dismantled,and for the most part,salvaged or
recycled at properly licensed facilities.
Some site features,such as internal roads,driveways,drainage features/improvements,and
electrical interconnections may remain on the site,depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site,will be approved by the Weld County Department of Planning
Services.
The following steps will be followed in the decommissioning of the solar facility:
• Approximately one year prior to the planned decommissioning of the facility,SunShare
will schedule a pre-closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration.The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process.Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
• Appropriate temporary(construction-related)erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
• Effectively,the decommissioning of the solar facility proceeds in reverse order of the
installation:
1. A site-specific health and safety plan shall be developed,prior to beginning
decommissioning activities,which incorporates the specific sequence and
procedures to be followed.
2. Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site.
3. The solar facility shall be disconnected from the utility grid.This process will be
coordinated with Xcel Energy.
4. PV modules shall be disconnected,collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off-site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off-site at an approved recycling facility.
7. PV module support steel and support posts shall be removed and salvaged or
recycled off-site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials,inverters,and batteries,shall be removed and salvaged or recycled
off-site at an approved recycling facility.
9. Concrete foundations shall be removed and will be recycled off-site at an
approved concrete recycling facility.
so.Fencing shall be removed and will be recycled off-site at an approved recycling
facility.
ii.The site will be restored to its original condition,including any necessary
sculpting of soils to match existing natural contours and the re-seeding of
native grasses.Any soil that had been re-located for construction purposes will
be redistributed on the site or used for landscaping purposes. Soils will be
compacted for those areas where foundations or piers have been removed.
1.2 Equipment to be Used for the Decommissioning of
the Solar Facility
The decommissioning of the solar facility will be undertaken using traditional heavy
construction equipment,including front-end loaders,bull dozers,cranes,excavators(track-
mounted and rubber-tired),water tankers,trucks,and pick-ups.Semi-trucks will be used to
transport materials to off-site salvage or recycle centers.
1.3 Dust Mitigation During the Decommissioning Phase
Water tankers will be used to help control dust while the decommissioning activities are
occurring on the site.During the decommissioning of the facility,SunShare will exercise BMPs
to limit fugitive dust from being airborne and traveling beyond the property lines.Dust control
efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled.Water spray will be applied,as needed,to unpaved areas during periods
of dry weather.Care will be taken not to over-apply water and create mud.Vehicle tracking
devices will be installed at truck exit drives,per the requirements of Weld County.Vehicles
operating on the site during the decommissioning phase will limit their speed to 15 mph or less,
to minimize dust emissions.
1.4 Decommissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates,which shall be updated every five(5)years from
the establishment and submittal of the Security,shall include all costs associated with the
dismantlement,recycling, and safe disposal of facility components and site reclamation
activities,including the following elements:
Decommissioning:
Fencing $300.00
Structures $6,000.00
Modules $3,000.00
Electrical $2,000.00
Site Restoration $2,500.00
Total $13,800.00
Clarifications—Inclusions and Exclusions
i. Based on project drawings provided.
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel,aluminum,modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal,package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
9. Waste disposal fees and containers.
10.Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering,fees,errors,omissions additional
design intent not clearly delivered or
identified on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated [Date TBD1 , 2023, the
Board requires SunShare,LLC to provide financial assurance to the County in the form of a
surety bond,in an amount established by the Director of the Department of Planning
Services,to ensure proper decommissioning of the facility. The surety bond is to name
the Board of County Commissioners of Weld County as beneficiary and be current and
active at all time during the life of the permit. The required surety bond will be
provided as part of this Decommissioning/Reclamation Plan. Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the
holder has not commenced decommissioning/reclamation activities within
ninety (90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation.
Prepared by:
Beau Scott,
Development Associate
Page 6of6
Site Plan
See Next Page.
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C'ROUE SOLAR
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41749
This Power of Altarirey limits fife aas of those named lterei,,,artd they lmve no atrUeority to bind the Company except in the manner and to the extent herein stated
Not valid far Nate,Loo,Letter of Credit Currency Rate,boot Rate or Residoottal tattoo'Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City,
New Jersey(hereinafter referred to as the"Company")does hereby appoint:
Bruce S.Denson Jr.,Candi Hild,Jack iMeikle,John Ilohlt,Senia Hernandez and Tracy Tucker of Frisco,TX(EACH)
its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalfas surety,and as its act and deed:
Any and all bonds,undertakings,recognizances and other surety obligations,in the penal sum not exceeding One hundred Fitly Million Dollars(St 50.000,000,00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth
herein.
The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shalt be as binding upon the said Company as
fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City,New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 3l,2022,true and
accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business Division,or their
appointees designated in writing and filed with the Secretary;or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to
authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company,and attach the seal of the Company
thereto,bonds,undertakings,recognizances and other surely obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for
acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on August 31,2022:
VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business
Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the
Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31,2022,and
any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the
Company.In Testimony Whereof,,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 171h day
of Februar.2023. O6vtsnee
Attested and Certified}, 43 Arch Insurance Campary 4_,At911
Regan Shulman,Secretary. I Stephen C.Ruschak Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS %sag
Michele Tripoli,a Notary Public,do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same:persons whose names
are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of
Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth. MOSE MOO%Notary Rift
s.IMICartttnluloa4graJtdy31,202S Mich a podi,Notarillublic
tyomralN11tUIoober won My commission expires 07/31/2025
CERTIFICATION
I,Regan A.Shulman,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated February 17,2023 on behalf of the
person(s)as listed above is a true and correct copy and that the same has been in bull force and effect since the date thereof and is in full force and effect on the date of
this certificate;and i do further certify that the said Stephen C.Ruschak,who executed the Power of Attorney as Executive Vice President,was on the date of execution
°fate attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thi,sth day of August
2023
.Uf
Rei4r4 A.Shulman,Secretary
This Power of Attorney limits the acts of those named thereinto the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: CO
Arch insurance—Surety Division
3 Parkway,Suite 1500 WRhl<E
Philadelphia,PA 19102 stu
4 1971
11E50 01....„,
To verify the authenticity of this Power of Attorney,please contact Arch Insurance Company of SuretyAuthentic insurance,com
Please refer to the above named Attorney-in-Fact and the details of the bond to which the power is attached.
AICPOA040120 Printed in U.S.A.
1861
r.r ZONING PERMIT FOR SOLAR ENERGY FACILITY
r r ADMINISTRATIVE REVIEW
Planner Diana Aungst
Case Number ZPSF23-0002
Applicant SunShare LLC c/o Beau Scott
1724 Gilpin Street,Denver,CO 80218
Owner: Wayne AIm
20842 CR 76,Eaton CO 80615
Request: Zoning Permit for Solar Energy Facility(3.77 acres)in the A(Agricultural)Zone
District.
Legal Description: Lot B of RE-5081;being part of the E2 of Section 33,T7N,R65W of the 6th P.M.,
Weld County,CO
Location: South of and adjacent to CR 76 and approximately 0.25 miles west of CR 4
Zoning: A(Agricultural)Zone District Parcel#: 0709-33-1-00-065
Parcel Size: ±83 acres Latitude: 40.53767
Lease Area: ±3.77 acres Longitude: -104.66772
The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code.
The Department of Planning Services'staff has received referral responses with comments from the
following agencies:
➢ Eaton Fire Protection District,referral dated March 14,2023
➢ Weld County Department of Public Health and Environment,referral dated March 20,2023
➢ Weld County Department of Planning Services—Development Review,referral dated March 16,2023
The Department of Planning Services'staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriffs Office,referral dated March 14,2023
➢ Weld County School District RE-2,referral dated March 23,2023
➢ Northern Colorado Water Conservancy District,referral dated March 22,2023
➢ Weld County Oil and Gas Energy Department,referral dated March 20,2023
➢ State of Colorado,Division of Water Resources,referral dated March 27,2023
The Department of Planning Services'staff has not received responses from the following agencies:
➢ Town of Eaton
➢ Colorado Parks and Wildlife
➢ West Greeley Conservation District
➢ Weld County Department of Planning Services-Code Compliance
Case Summary:
The applicant,SunShare LLC,is proposing a solar energy facility(Cirque Solar)that is less than five(5)
acres in size(5 ACRE SEF).The facility will encompass about 4 acres.
ZPSF23-0002 I Alm
Page 1 of 5
The solar panels are mounted to single-axis tracking arrays,which sit parallel to the ground and follow the
path of the sun across the sky.The tracking arrays produce DC current,which is converted into AC current
by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility
transformer.The modules utilize a non-reflective glass which eliminates glare concerns and all electrical
cables on the improved area will be buried,except for the direct current string wires that connect between
solar collectors,direct current collection circuits between rows of solar arrays that are no more than four(4)
feet above grade crossings,substations,switch yards,and circuits voltages greater than 34.5 kilovolts
(where necessary.)There will be no permanent employees on site during operation,and maintenance visits
are expected to occur quarterly on average.
Solar panels will not exceed ten(10)feet in height above the grade,at maximum tilt.The site will be
surrounded by an 8'high game fence.
There are four(4)residences within 500 feet of the proposed project location.These residences are located
to the north and northwest of the site.SunShare is proposing to construct a six-foot(6')tall,offset-picket
composite privacy fence running the length of the northern side of the site and an additional fifty(50)feet
of fencing along the western project boundary.The fence would run for a total of+/-425 feet.The original
application stated that the fence would extend twenty(20)feet along the eastern property line,however,
after further review it was determined that the fence is required on the west property line and not along the
east side.The applicant submitted a revised narrative indicating that the screening will be on the west
property boundary as a revised site plan was also submitted showing that the screening will be fifty(50)of
feet along the west property line.
The operational life of an SEF is generally between 20-40 years.The SEF has an initial 20-year contract
with Public Service Company of Colorado(Xcel)to sell power into the Xcel Electric grid,and the major
equipment components have warranty options up to 30 years,with a useful life of 35-40 years.Upon
decommissioning,SunShare will entirely remove all SEF components(fencing,steel racking,cabling,solar
panels and associated interconnection equipment)and undertake measures to restore the land to its
original state,as addressed in the attached Decommissioning Plan.
As no employees will be located at the site,permanent water and sewer is not required.Screened portable
toilets,hand washing units and bottled water can be utilized during construction.
Approved with Conditions:
1. The Weld County Department of Planning Services has determined through an administrative review
that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code
have been met and the request is approved with conditions.
A. The application is in compliance with the standards identified for Solar Energy Facilities Less than
Five(5)Acres(5 ACRE SEF).
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code.Pertinent information includes:
A draft Decommissioning and Reclamation Plan was submitted with a cost estimate.There are four
(4)residences within five hundred(500)feet of the site and the applicant will provide a six-foot(6')
tall,offset-picket composite privacy fence running the length of the northern side of the site and an
additional fifty(50)feet of fencing along the western project boundary to screen the SEF from the
adjacent residences.
B. The Department of Planning Services has sent notice and has not received signed notification from
at least thirty percent(30%)of surrounding property owners within five hundred(500)feet of the
subject property in opposition to the location of the 5 ACRE SEF within twenty-eight(28)days.
Notice was sent to thirteen(13)surrounding properties and no responses were received.
2. Prior to construction,
A. Building permits shall be obtained for the 5 ACRE SEF and must comply with all installation
standards of Chapter 29 of the Weld County Code.
ZPSF23-0002 I Alm
Page 2 of 5
B. The approved access and tracking control shall be constructed prior to on-site construction.
C. The applicant shall submit a copy of a"letter of intent to interconnect"or interconnection agreement
signed by the utility company.
3. Prior to the release of building permits,the applicant shall:
A. An acceptable Final Drainage Report shall be submitted.
B. A Road Maintenance Agreement for Construction activities is required at this location.Road
maintenance includes,but is not limited to,dust control and damage repair to specified haul routes.
C. The applicant shall address the requirements of the Eaton Fire Protection District,as stated in the
referral response dated March 14,2023.Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
D. Submit an irrevocable standby letter of credit,bond,or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code.Weld County,in its sole discretion,may approve alternative forms of Security such as,but
not limited to bonds,letters of credit,corporate guarantees from electric utilities serving the County,
or other securities,if it finds that such alternative forms will provide an assurance of the availability
of financial resources for decommissioning/reclamation that equals or exceeds that provided by the
form required herein.The method and object of Security shall be approved by the Weld County
Attorney.The Security shall:
1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter
of credit;
2. Be issued by an A-rated financial institution based upon a rating provided by S&P,Moody's,
Fitch,AM Best,or other rating agency with similar credentials;
3. Include an automatic extension provision or"evergreen clause";and
4. Be"bankruptcy remote,"meaning the Security will be unaffected by the bankruptcy of the 5
ACRE SEF operator.
4. The following development standards must be met at all times throughout the existence of the 5 ACRE
SEF:
1. The solar energy facility(5 ACRE SEF)is an unmanned facility less than five(5)acres in size.
2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
4. SunShare LLC shall maintain in compliance with the Eaton Fire Protection regulations at all time.
5. SunShare LLC accepts responsibility to decommission the site when the facility is deemed obsolete
in accordance with the accepted Decommissioning and Reclamation Plan.
6. Height limitation.Ground-mounted solar collectors shall not exceed twenty-five(25)feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation.
7. Glare.A 5 ACRE SEF shall be designed,located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at any time of
the day.
8. Setbacks.The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the
underlying zone.Additionally,the improved area must be at least five hundred(500)feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development.The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed,or upon submittal to Weld County of a waiver
ZPSF23-0002 I Alm
Page 3 of 5
or informed consent signed by the residence owner agreeing to the lesser setback.
9. Dust mitigation.The operators of the 5 ACRE SEF shall continuously employ the practices for
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan.
10.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).
11.Fencing.The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services.Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
12.Stormwater management.The 5 ACRE SEF shall comply with the accepted final drainage report.
13.Existing irrigation systems.The nature and location or expansion of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
14.Security.An irrevocable standby letter of credit,bond,or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code shall be held for the life of the project.The letter shall name the Board of County
Commissioners of Weld County as the sole beneficiary;be issued by an A-rated financial institution
based upon a rating provided by S&P,Moody's,Fitch,AM Best,or other rating agency with similar
credentials;include an automatic extension provision or"evergreen clause;"and be"bankruptcy
remote,"meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator.
15.The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II,of the Weld County Code.
16.The access to the site shall be maintained to mitigate any impacts to the public road,including
damages and/or off-site tracking.
17.There shall be no parking or staging of vehicles on public roads.On-site parking shall be utilized.
18.Any work that may occupy and or encroach upon any County rights-of-way or easement shall
acquire an approved Right-of-Way Use Permit prior to commencement.
19.The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
20.Weld County is not responsible for the maintenance of onsite drainage related features.
21.The historical flow patterns and runoff amounts on the site will be maintained.
22.During construction,all liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and
Facilities Act,30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
23.During construction,no permanent disposal of wastes shall be permitted at this site.This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.
24.During construction,waste materials shall be handled,stored,and disposed in a manner that
controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance
conditions.The facility shall operate in accordance with Chapter 14,Article 1 of the Weld County
Code.
25.Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility.
ZPSF23-0002 I Alm
Page 4 of 5
26.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.
27.The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
Date:July 6,2023
Diana Aun9 st,Planne III
ZPSF23-0002 I Alm
Page 5 of 5
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