HomeMy WebLinkAbout20231360.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL
FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY, ZPSF22-0004, LESS THAN
FIVE (5) ACRES (5 ACRE SEF) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 1, 2023, the Board of County Commissioners conditionally
approved the application of Janssen Farms, LLC, 13510 State Highway 14, Ault, Colorado 80610,
c/o SunShare, LLC, dba Grizzly Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a
Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone
District, and
WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being
more particularly described as follows:
Part of the NW1/4 of Section 8, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to Condition of Approval #1.D of ZPSF22-0004, SunShare, LLC,
dba Grizzly Solar, LLC, has presented the Board with a Decommissioning/Reclamation Plan for
a Solar Energy Facility (3.51) acres, and requests the Board to accept Surety Bond #SU1192928,
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/Reclamation Plan and
acceptance of Surety Bond #SU1192928, since they comply with Section 23-4-455.D.7 of the
Weld County Code and will satisfy Condition of Approval #1.D of ZPSF22-0004.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Decommissioning/Reclamation Plan, be, and hereby is,
approved and accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Bond
#SU1192928, 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 ZPSF22-0004, be, and hereby is, approved and accepted.
4902833 Pages: 1 of 2
06/09/2023 11:44 AM R Fee.$0.00
Carly Koppes, Clerk and Recorder. Weld County CO
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2023-1360
PL2858
APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL FOR
ZONING PERMIT SOLAR FACILITY (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: doXvo ;e1
Mike F eman, Chair
Weld County Clerk to the Board
Count ttorney
Date of signature: 05130/2
ScottK. James
4902833 Pages. 2 of 2
06/09/2023 11:44 AM R Fee:$0.00
Carly Koppel: Clerk and Recorder, Weld County , CO
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I
2023-1360
PL2858
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE: Surety Bond for a Zoning Permit for Solar Energy Facility (ZPSF22-0004)
DEPARTMENT: Planning Services DATE: 04.20.23
PERSON REQUESTING: Maxwell Nader
Brief description of the problemtissue:
Global Sun Holdings, Inc., CO Land Acquisitions, LLC & SunShare, LLC dba Grizzly Solar, LLC c/o Beau Scott
has submitted a Surety Bond for the Board of County Commissioner's consideration for the decommissioning
and reclamation for the Zoning Permit for Solar Energy Facility (ZPSF) conditionally approved by Board of
County Commissioners on March 1, 2023, case # ZPSF22-0004 and Resolution # RE230327. The attached
Surety Bond will meet the intent of Condition of Approval #1.E of the resolution. The Surety Bond meets the
requirements of Section 23-4-455.D.7 of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
455.O.7 of the Weld County Code and staff has accepted the related decommissioning plan. If the surety bond
is approved by the Board of County Commissioners it will satisfy Condition of Approval #1.E of the ZPSF
resolution.
Approve
Reco
Perry L. Buck Pro-Tem
Mike Freeman, Chair
Scott K. James,
Kevin D. Ross
Lori Saine
ton
Schedule
Work Session Other/Comments:
5/15 PL2'S '
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Monday, April 24, 2O23 7:46 AM
Karla Ford
Re: Please Reply - PASS AROUND- SURETY BOND FOR ZPSF22-OOO4
From: Karla Ford <kford@weld.gov>
Sent: Monday, April 24, 2O23 7:26:28 AM
To: Kevin Ross <kross@weld.gov>
Subject: Please Reply - PASS AROUND- SURETY BOND FOR ZPSF22-OOO4
Please advise if you approve recommendation. Thank you!
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.Q. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
•
f
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 hove 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: Maxwell Nader <mnader@weld.gov>
Sent: Friday, April 21, 2O23 7:3O AM
To: Karla Ford <kford@weld.gov>
Cc: Tom Parko Jr <tparko@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: PASS AROUND- SURETY BOND FOR ZPSF22-OOO4
Karla,
Please see the attached pass around for review. This pass around is for the Surety Bond that is associated with Zoning
Permit for a Solar Energy Facility (ZPSF22-OOO4).
Thank you and please let me know if you have any questions!
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1
Cheryl Hoffman
To:
Cc:
Subject:
Perfect! Thank you, Max!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
Maxwell Nader; Tom Parko Jr
Esther Gesick
RE: Surety Bond for a Zoning Permit for Solar Energy Facility - ZPSF22-0004
From: Maxwell Nader <mnader@weld.gov>
Sent: Thursday, May 11, 2023 7:30 AM
To: Cheryl Hoffman <choffman@weld.gov>; Tom Parko Jr <tparko@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: RE: Surety Bond for a Zoning Permit for Solar Energy Facility - ZPSF22-0004
Cheryl,
Good questions. The ownership on this one is a little weird.
For the first question I believe what you have is correct and that is what we should proceed with. Michael prior to
leaving had it all set up. But after further reviewing I believe Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar, LLC
is the way to go.
For the second question it was originally #1.E but changed once we struck two COAs. So now it is #1.D.
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17th Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)-400-3527
WELD COUNTY, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Wednesday, May 10, 2023 2:32 PM
To: Maxwell Nader <mnader@weld.gov>; Tom Parko Jr <tparko@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: Surety Bond for a Zoning Permit for Solar Energy Facility - ZPSF22-0004
Hi Max,
Attached please find the drafted Resolution for May 15 hearing.
I have also attached your memo and have a couple questions for you:
1. In the first paragraph of your memo it says, "Global Sun Holdings, Inc., CO Land Acquisitions, LLC & SunShare,
LLC..." Esther and I could not find those names anywhere in the documents you provided, including the Surety
Bond, so we headed the Resolution "Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar, LLC. Are those
agencies to be included? And if so, where can we find the names?
2. Also in your memo you state that the Surety Bond will meet the intent of Condition of Approval #1.E of the
resolution. Did you mean #1.D?
Please let me know.
Thanks!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 0 Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Maxwell Nader
Monday, April 24, 2023 12:36 PM
Esther Gesick; Jan Warwick; Jessica Reid; Chloe White
Tom Parko Jr; Cheryl Hoffman
ZPSF22-0004 Surety Bond - 9 am BOCC Hearing
ZPSF22-0004 PASS AROUND - SURETY BOND.doc; ZPSF22-0004 SURETY BOND CTB
PACKET.pdf
CTB,
The following Surety Bond associated with ZPSF22-0004 was approved on pass -around on April 20, 2023.
Attached you will see the word version of pass -around and the following items in the pdf packet: approved/signed pass
around, Surety Bond, Decommissioning Plan and ZPSF Resolution.
Can we get some available 9 am BOCC hearing dates so we can confirm with the applicant.
Let me know if there is anything else you need.
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17. Ave
Greeley, CO 80631
mnader@weld.sov
Phone: (970)-400-3527
WELD
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.
SURETY BOND
BOND NUMBER SU 1192928'
KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC dba Grizzly Solar, LLC, as
Principal, and Arch Insurance Company, a corporation duly organized under the laws of the
State of Ohio, as Surety, are held and firmly bound unto The Board of County Commissioners of
Weld County, Colorado , as Obligee in the sum of $13,800.00 lawful money of the United States,
for payment of which, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents, the liability
of the Surety being limited to the penal sum of this bond regardless of the number of years the
bond is in effect.
WHEREAS, the Principal has entered into a written agreement with the Obligee for the placement
of a solar energy facility comprised of solar energy collection cells/panels and related facilities
necessary to harness sunlight for energy generation and distribution and associated support structure,
braces, racking, wiring and related interconnection equipment which agreement sets forth the terms
and conditions which govern the use of such Permit ZPSF22-0004 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 Janssen Farms, LLC,
13510 State Highway 14, Ault, Colorado 80610 and as further detailed in the revised
Decommissioning Plan, attached as Exhibit B.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid Township Resolution and indemnify the Obligee
against all loss caused by Principal's breach of any ordinance or agreement relating to maintenance,
replacement, removal or relocation of side solar energy facility, then this obligation shall be void,
otherwise to remain in full force and effect unless cancelled as set forth below.
Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite
period of April 3, 2023 to April 3, 2024.
THIS BOND shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be December 31 of each calendar year), the
Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to
Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written
notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed to the Principal or
Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section of
this Bond, and is actually received by the Principal or Surety, as the case may be, and the Obligee
at least thirty (30) days prior to the renewal date. However, neither: (a) the Surety's decision to
cancel, nor (b) the failure or inability of the Principal to file a replacement bond or other security in
the event the Surety exercises its right to cancel this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
NOTICE:
Principal:
SunShare, LLC dba Grizzly
Solar, 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 3" day of April, 2023.
This bond is effective the 3" day of April, 2023.
SunShare, LLC dba Grizzly Solar, LLC_
By:
Arch Insurance Company
By:
Jo
ohlt, Attorney -in -Fact
Exhibit A
To be attached and made part of Arch Insurance Bond # SU 1192928.
RESOLUTION
RE: GRANT ZONING PERMIT, ZPSF22-0004, FOR A SOLAR ENERGY FACILITY
(3.51 ACRES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JANSSEN FARMS,
LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the 8th
day of February, 2023, considered the request of Janssen Farms, LLC, 13510 State Highway 14,
Ault, Colorado 80610, c/o SunShare, LLC, dba Grizzly Solar, LLC, 1724 Gilpin Street, Denver,
Colorado 80218, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in
the A (Agricultural) Zone District, and
WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being
more particularly described as follows:
Part of the NW1/4 of Section 8, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on February 8, 2023, the Board deemed it advisable to continue said hearing
to March 1, 2023, to allow the applicant adequate time to incorporate new information they
recently received, and
WHEREAS, on March 1, 2023, 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 Department of Planning Services 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 23-4-460 of the Weld County Code for a Solar Energy Facility less than
Five (5) Acres (5 ACRE SEF).
2. It is the opinion of the Board that the applicant has shown compliance with
Section 23-4-455 of the Weld County Code as follows:
A. Section 23-4-455.F.3 states, "Setbacks. The improved area of the
5 ACRE SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500)
feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. The residential setback
requirement may be reduced if appropriate screening through landscape
or an opaque fence is installed, or upon submittal to Weld County of a
waiver or informed consent signed by the residence owner agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback,
a landscaping plan or fencing plan shall first be submitted to and
2023-0327
P2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 2
by the Department of Planning Services." Three (3) residences appear to
be within 500 feet of the SEF footprint, per the application materials. Such
residents were notified by the applicant via letter, prior to submittal of the
ZPSF application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar,
LLC, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the
A (Agricultural) Zone District, on the above described parcel of land, be, and hereby is, granted
subject to the following conditions:
1. Prior to the release of Building Permits:
A. The applicant shall attempt to address the referral comments in the Xcel
Energy referral, dated July 7, 2022. Evidence of such shall be provided to
the Department of Planning Services.
B. The applicant shall submit an updated Landscaping and Screening Plan
that reflects the updated Vegetation Plan, determined by the applicant and
surrounding property owners.
C. The applicant shall submit a Road Maintenance Agreement for
Construction activities required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes.
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 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;
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 3
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.
2. Prior to construction:
A. Building Permits shall be obtained for the 5 ACRE SEF and must comply
with all installation standards of Chapter 29 of the Weld County Code.
B. Any development in the floodplain requires a Floodplain Permit.
C. The approved access and tracking control shall be constructed prior to
on -site construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifwv ' jC1sa(4.
Weld County Clerk to the Board
ey
Date of signature: 03 /1,4/23
Mike man, Chair
Pro-Tem
1,-Th
evin D. Ross
Lori Saine
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
ZPSF22-0004
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 onsite must obtain the appropriate zoning and Building
Permits.
4. The applicant accepts responsibility to decommission the site when the facility is deemed
obsolete, in accordance with the accepted Decommissioning and Reclamation Plan.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation.
6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar
glare from its solar collectors will not be directed toward or onto nearby properties or
roadways at any time of the day.
7. Setbacks. The improved Area of the 5 ACRE SEF shall conform to the setback
requirements of the underlying zone. Additionally, the improved area must be at least
500 feet from existing residential buildings and residential lots of a platted Subdivision or
Planned Unit Development. The residential setback requirement may be reduced if
appropriate screening, through landscape or an opaque fence, is installed, or upon
submittal to Weld County of a waiver or informed consent signed by the residence owner
agreeing to the lesser setback.
8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices
for control of fugitive dust detailed in the accepted Dust and Weed Mitigation Plan.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence, as approved, pursuant
to a Fencing Plan submitted to the Department of Planning Services. Appropriate signage
shall be placed upon such fencing that warns the public of the high voltage therein.
11. Stormwater management. The 5 ACRE SEF shall comply with the accepted Final
Drainage Report.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 2
12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must
not unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an
amount sufficient to fund the estimated decommissioning/reclamation costs required by
the Weld County Code shall be held for the life of the project. The letter shall name the
Board of County Commissioners of Weld County as the sole beneficiary; be issued by an
A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM
Best, or other rating agency with similar credentials; include an automatic extension
provision or "evergreen clause;" and be "bankruptcy remote," meaning the Security will be
unaffected by the bankruptcy of the 5 ACRE SEF operator.
14. 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) Preliminary FIRM Community Panel Map #08123C -1239E, effective date
January 20, 2016 (Eaton Draw 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.
15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
16. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
20. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. The historical flow patterns and runoff amounts will be maintained on the site.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 3
23. 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.
24. 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.
25. 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.
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. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2023-0327
PL2858
Exhibit B
To be attached and made a part of Bond SU 1192928
Decommissioning/Reclamation
Plan
For a ZPSF Permit
Grizzly Solar LLC
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number: USR Permit
Janssen Farms LLC (Parcel ID No. 080308000005)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
Denver, Colorado
SunShare
COMMUNITYSOLARR
Date Prepared: May 2022
i.o Overview
As a condition of approval for the Site -Specific Development Plan and Zoning Permit Solar
Energy Facility (ZPSF), Weld County required that SunShare prepare a Decommissioning/
Reclamation Plan for the solar facility, that is to be reviewed and approved by the Weld
County Department of Planning Services. The intent of this Decommissioning/
Reclamation Plan is to provide a comprehensive plan for removal of the solar facility after
its useful life and/or the termination of power generation operations; and to return the subject
property to conditions that existed prior to the solar facility's construction.
The solar power generation facility has an estimated useful life of 3o years or more, with an
opportunity for a life of 5o years or more with equipment replacement and repowering. At the
end of the useful life of the facility, SunShare will cease power generation, decommission the
facility, and remove the components of the facility from the subject property. The site will be
reclaimed and returned to the agricultural use that existed priortothe facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry, during the life of this facility. SunShare
will follow solar industry standards and best management practices (BMPs) that exist at the time
of decommissioning and reclamation of the site.
1.1 Procedures for Decommissioning the Solar Facility
After Useful Life & Termination of Power Generation
The solar facility consists of numerous recyclable materials, including glass, semiconductor
material, steel, aluminum, copper, and plastics. When the facility reaches the end of its
operational life, the component parts can be dismantled, and for the most part, salvaged or
recycled at properly licensed facilities.
Some site features, such as internal roads, driveways, drainage features/improvements, and
electrical interconnections may remain on the site, depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site, will be approved by the Weld County Department of Planning
Services.
The following steps will be followed in the decommissioning of the solar facility:
Approximately one year prior to the planned decommissioning of the facility, SunShare
will schedule a pre -closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration. The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process. Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
Appropriate temporary (construction -related) erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
Effectively, the decommissioning of the solar facility proceeds in reverse order of the
installation:
1. A site -specific health and safety plan shall be developed, prior to beginning
decommissioning activities, which incorporates the specific sequence and
procedures to be followed.
2. Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site.
3. The solar facility shall be disconnected from the utility grid. This process will be
coordinated with Xcel Energy.
4. PV modules shall be disconnected, collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off -site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off -site at an approved recycling facility.
7. PV module support steel and support posts shall be removed and salvaged or
recycled off -site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials, inverters, and batteries, shall be removed and salvaged or recycled
off -site at an approved recycling facility.
g. 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
Structures
Modules
Electrical
Site Restoration
$300.00
$6,000.00
$3,000.00
$2,000.00
$2,500.00
Total
Clarifications — Inclusions and Exclusions
$13,800.00
1. Based on project drawings provided.
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel, aluminum, modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal, package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
9. Waste disposal fees and containers.
10. Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering, fees, errors, omissions additional
design intent notclearly 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 TBD] , 2022, 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 (9o) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation.
Prepared by:
Richard L. Miller, AICP
Development Manager
Page 6 of 6
Site Plan
See Next Page.
S'SECURITY
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41749
purposes therein set forth.
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 All force and effect since the date thereof and is in All force and effect on the date of
this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this., day of Apnl
2023
This Power of Attorney limits the acts of those named herein, and they have , authorityto bind the Company except in the manner and to the extent herein stated
Not valid for Note, Loa, Lefler of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
Thw 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 Mende, John Hohlt, Senia Hernandez and Tracy Tucker of Frisco, TX (EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars (9150,000,000.00).
This authoritydoes not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth
herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as
fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and
accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their
appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to
authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for
acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on August 31, 2022:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business
Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the
Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and
any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their aulhorized officers, thi€.l7`h day
of Febuary, 2011.
Attested and Certified
Rego n�Shulman, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of
Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary
acts for the uses and
aereetlhc Pati unite IttarySeal
WHILE =PM*, Notary luta
Philadelphia Casey
14y Comma*. Nee* My 3l, 2073
Cenrlibllae 1MKMr 1166622
Arch Insurance Corrpany
Stephen C. Ruschak, Executive Vice President
Mich le modi, Notarlublic
My commission expires 07/31/2025
:gib-
ReierA A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority rc 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:
Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
1
i; loll
c arc tnsuranc
To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthenti @ e.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.
RESOLUTION
RE: GRANT ZONING PERMIT, ZPSF22-0004, FOR A SOLAR ENERGY FACILITY
(3.51 ACRES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JANSSEN FARMS,
LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the
8th day of February, 2023, considered the request of Janssen Farms, LLC, 13510 State
Highway 14, Ault, Colorado 80610, c/o SunShare, LLC, dba Grizzly Solar, LLC, 1724 Gilpin
Street, Denver, Colorado 80218, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility
(3.51 acres) in the A (Agricultural) Zone District, and
WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being
more particularly described as follows:
Part of the NW1/4 of Section 8, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on February 8, 2023, the Board deemed it advisable to continue said hearing
to March 1, 2023, to allow the applicant adequate time to incorporate new information they
recently received, and
WHEREAS, on March 1, 2023, 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 Department of Planning Services 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 23-4-460 of the Weld County Code for a Solar Energy Facility less than
Five (5) Acres (5 ACRE SEF).
2. It is the opinion of the Board that the applicant has shown compliance with
Section 23-4-455 of the Weld County Code as follows:
A. Section 23-4-455.F.3 states, "Setbacks. The improved area of the
5 ACRE SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500)
feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. The residential setback
requirement may be reduced if appropriate screening through landscape
or an opaque fence is installed, or upon submittal to Weld County of a
waiver or informed consent signed by the residence owner agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback,
a landscaping plan or fencing plan shall first be submitted to and approved
GC : PL(TP/NN /DA), C A (KM0, A PPL .
o3/2.I /23
2023-0327
P2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 2
by the Department of Planning Services." Three (3) residences appear to
be within 500 feet of the SEF footprint, per the application materials. Such
residents were notified by the applicant via letter, prior to submittal of the
ZPSF application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar,
LLC, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the
A (Agricultural) Zone District, on the above described parcel of land, be, and hereby is, granted
subject to the following conditions:
1. Prior to the release of Building Permits:
A. The applicant shall attempt to address the referral comments in the Xcel
Energy referral, dated July 7, 2022. Evidence of such shall be provided to
the Department of Planning Services.
B. The applicant shall submit an updated Landscaping and Screening Plan
that reflects the updated Vegetation Plan, determined by the applicant and
surrounding property owners.
C. The applicant shall submit a Road Maintenance Agreement for
Construction activities required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes.
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 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;
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 3
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.
2. Prior to construction:
A. Building Permits shall be obtained for the 5 ACRE SEF and must comply
with all installation standards of Chapter 29 of the Weld County Code.
B. Any development in the floodplain requires a Floodplain Permit.
C. The approved access and tracking control shall be constructed prior to
on -site construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dittuiv w �C.L;
Weld County Clerk to the Board
BY:
APP
ey
Date of signature: 03/I't/23
1114.-R4
Mike
man, Chair
Perry . B , Pro-Tem
Az
Sco t K. James
evin D. Ross
Lori Saine
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
ZPSF22-0004
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 onsite must obtain the appropriate zoning and Building
Permits.
4. The applicant accepts responsibility to decommission the site when the facility is deemed
obsolete, in accordance with the accepted Decommissioning and Reclamation Plan.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation.
6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar
glare from its solar collectors will not be directed toward or onto nearby properties or
roadways at any time of the day.
7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback
requirements of the underlying zone. Additionally, the improved area must be at least
500 feet from existing residential buildings and residential lots of a platted Subdivision or
Planned Unit Development. The residential setback requirement may be reduced if
appropriate screening, through landscape or an opaque fence, is installed, or upon
submittal to Weld County of a waiver or informed consent signed by the residence owner
agreeing to the lesser setback.
8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices
for control of fugitive dust detailed in the accepted Dust and Weed Mitigation Plan.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuis between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence, as approved, pursuant
to a Fencing Plan submitted to the Department of Planning Services. Appropriate signage
shall be placed upon such fencing that warns the public of the high voltage therein.
11. Storrawater management. The 5 ACRE SEF shall comply with the accepted Final
Drainage Report.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 2
12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must
not unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an
amount sufficient to fund the estimated decommissioning/reclamation costs required by
the Weld County Code shall be held for the life of the project. The letter shall name the
Board of County Commissioners of Weld County as the sole beneficiary; be issued by an
A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM
Best, or other rating agency with similar credentials; include an automatic extension
provision or "evergreen clause;" and be "bankruptcy remote," meaning the Security will be
unaffected by the bankruptcy of the 5 ACRE SEF operator.
14. 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) Preliminary FIRM Community Panel Map #08123C -1239E, effective date
January 20, 2016 (Eaton Draw 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.
15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
16. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
20. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. The historical flow pattems and runoff amounts will be maintained on the site.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 3
23. 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.
24. 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.
25. 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.
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. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2023-0327
PL2858
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