HomeMy WebLinkAbout20220318.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL
FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY, ZPSF21-0003, LESS THAN
FIVE (5) ACRES (5 ACRE SEF) - SUNSHARE, LLC, C/O JAKE BOBROW
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 November 17, 2021, 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, ZPSF21-0003, less than five (5) acres (5 ACRE SEF), on
the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 12, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the owner of the property is Paul Sater, 28496 County Road 44, Kersey,
Colorado 80644, and
WHEREAS, pursuant to Condition of Approval #3.E of ZPSF21-0003, SunShare, LLC,
has presented the Board with a Decommissioning/Reclamation Plan for 5 ACRE SEF, Animas
Solar, and requests the Board to accept Surety Bond #SU1172325, 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 #SU1 172325, since they comply with Section 23-4-455.D.7 of the
Weld County Code and will satisfy Condition of Approval #3.E of ZPSF21-0003.
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
#SU1172325, 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 ZPSF21-0003, be, and hereby is, approved and accepted.
4799518 Pages: 1 of 2 Cc •. P1-(T'P/DR /.TT 4 /KRIN)J)
02/03/2022 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO OA /1O /22
mill IX1111 a1I Ati Yoh 11111
2022-0318
PL2520
APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL FOR
ZONING PERMIT SOLAR FACILITY (ZPSF21-0003) - SUNSHARE, LLC, C/O JAKE BOBROW
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:/ V l/
Deputy Clerk to the Board
ounty Aterney
Date of signature: OI
S6V K. James, Chair
.,/�•1 r n -
y.iikeFryman Pro -T_—
Perry L. Bufk
teve Moreno
XCUSED
Lori Saine
4799518 Pages: 2 of 2
02/03/2022 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , Co 2022-0318
mill MrAll11 11111 PL2520
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Cheryl,
Maxwell Nader
Thursday, January 13, 2022 9:21 AM
Cheryl Hoffman; CTB
Angela Snyder; Tom Parko Jr.
RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
ZPSF21-0002 — Property Owner: Lofland Farm Limited Liability Company. Address: 8801 W 41St Avenue W, Wheatridge,
CO 80033
ZPSF21-0003 — Property Owner: Paul A. Sater. Address: 28496 CR 44, Kersey, CO 80644
Neither facility will have an address until building permits are issued and both are considered small scale!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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@weldgov.com>
Sent: Thursday, January 13, 2022 8:06 AM
To: Maxwell Nader <mnader@weldgov.com>; CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Good morning, Max,
Do you have an address for the solar facilities? Also, I will need addresses for the owners.
Are these both considered Small Scale solar facilities?
Please let me know.
1
Thanks!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Wednesday, January 12, 2022 2:44 PM
To: CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
CTB,
The following Surety Bonds associated with ZPSF21-0002 and ZPSF21-0003 were approved on pass -around on January
12, 2022. Can we get these two items on the next BOCC 9 am hearing. Attached you will see the approved pass around,
word version of pass -around, Surety Bonds, Decommissioning Plans and ZPSF Staff Reports. Please let me know if there
is anything else needed!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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.
Cheryl Hoffman
From: Maxwell Nader
Sent: Thursday, January 13, 2022 9:21 AM
To: Cheryl Hoffman; CTB
Cc: Angela Snyder; Tom Parko Jr.
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Great thanks Cheryl!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnaderl« weldeov.com
Phone: (970)-400-3527
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@weldgov.com>
Sent: Wednesday, January 12, 2022 3:26 PM
To: Maxwell Nader <mnader@weldgov.com>; CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Good afternoon, Max, Angela and Tom.
Thank you for all the attachments. We have printed them off and tomorrow I'll talk with Esther about the possibility of
getting our research done and Resolutions drafted for these two items for the hearing on Wednesday, 01/19/22.
I will also need the originals of these Surety Bonds. We keep them in our safe on all decommissioning of solar cases as
Collateral.
Thanks so much!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Wednesday, January 12, 2022 2:44 PM
To: CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
CTB,
The following Surety Bonds associated with ZPSF21-0002 and ZPSF21-0003 were approved on pass -around on January
12, 2022. Can we get these two items on the next BOCC 9 am hearing. Attached you will see the approved pass around,
word version of pass -around, Surety Bonds, Decommissioning Plans and ZPSF Staff Reports. Please let me know if there
is anything else needed!
Best,
Maxwell Nader
Planner II
1555 N 17`h Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Zoning Permit for Solar Energy Facility (ZPSF21-0003)
DEPARTMENT: Planning Services DATE: 01.12.22
PERSON REQUESTING: Tom Parko / Maxwell Nader
Brief description of the problem/issue:
Sunshare, LLC has submitted a surety bond for the County Commissioner's consideration for the
decommissioning and reclamation for the Zoning Permit for Solar Energy Facility (ZPSF) conditionally
approved by Planning Staff on November 17, 2021, case # ZPSF21-0003. The attached Surety Bond will
comply with Condition of Approval #3.E of the staff report. The Surety Bond has been revied by the County
Attorney's Office and was found to comply with 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 complies with Section 23-4-455.D.7 of
the Weld County Code and will satisfy Condition of Approval #3.E of the ZPSF Staff Report.
Schedule
Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lr sa.a,1e.
SURETY BOND
BOND NUMBER SU 1172325
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 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 submitted a decommissioning plan to Obligee requiring the eventual
removal and reclamation 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
plan is a condition of approval of land use permit ZPSF21-0003 and which is hereby specifically
referred to and made part hereof as Exhibit A ("Permit"), and
WHEREAS, Weld County requires the submission of a bond guaranteeing the
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility
located at
The SE4 of Section 12, T4N, R64W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 46, west of and
and as further detailed in the revised Decommissioning Plan, attached as Exhibit B.
to County
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid Permit and indemnify the Obligee against all loss
caused by Principal's breach of any ordinance, permit obligation, or agreement relating to
maintenance, replacement, removal, relocation, and/or reclamation of the 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 11/23/2021 to 11/23/2022
THIS BOND shall automatically renew for successive one-year terms unless, at least ninety (90)
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 ninety (90) 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. The Surety's decision to cancel,
along with 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 be cause for Obligee to recover under
this Bond or any extension thereof.
NOTICE:
Principal:
SunShare, LLC
1724 Gilpin Street
Denver, CO 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 23rd day of November , 2021
This bond is effective the 23rd day of November .2021
Arch Insurance Company
By
AIC 0000334663
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated
Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEI
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., Jack Meikk and John Hohlt 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 Ninety Million Dollars (590.000.000.00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth
herein
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as
fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City, New Jersey
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020, 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 wasting 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 December 10, 2020
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 December 10, 2020,
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 9° day of
March, 2021
Attested and Ce
rtifie
d
'O Arch Insurance Company
Tt
tsar
Regan Shulman, Secretary Stephen C. Ruschak, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS kistl0fi
1, Michele Tripodi, a Notary Public, do hereby certify that Regan A Shulman and Stephen C Ruschak personally known to mF 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.
pOrst7wrtttlLmt nr FlaaeariYAM41
10L1tAt 11tt10oy —710 M , v F
J �e�eilalsn n Mic a podi, Nota blic
My commission expires 07/312021
CERTIFICATION
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 9, 2021 on behalf of the
person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate, and I do further certify that the said Stephen C Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
ofthe 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 this3day of,('
201
Re of A Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind, the Company
except in the manner and to the extent herein stated
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance — Surety Division
3 Parkway, Suite 1500 i__,
t�prtiisirart
Philadelphia, PA 19102 5Ut
ttari i
Muss& /
To verify the authenticity of this Power of Attorney, please contactArch Insurance Company at
Please refer to the above named Attorney -In -Fact and the details of the bond to which the power is attached.
AICPOA040120 Printed in U.S.A.
Exhibit A
To be attached to and made apart of bond SU 1172325.
cmr,r
ZONING PERMIT FOR SOLAR ENERGY FACILITY
ADMINISTRATIVE REVIEW
Planner;
Maxwell Nader
Case Number:
ZPSF21-0003
Applicant:
SunShare LLC do Jake Bobrow
Owner:
Paul A. Sater
Zoning Permit for Solar Energy Facility (3.6 acres) in the A (Agricultural) Zone
Request:
District.
Legal Description:
The SE4 of Section 12, T4N, R64W of the 6th P.M., Weld County, CO
Location:
North of and adjacent to County Road 46, west of and adjacent to County Road 61
Zoning:
A (Agricultural) Zone District Parcel #: 1053-12-0-00-007
Parcel Size:
± 156 acres Latitude: 40.32027
Lease Area:
± 3.69 acres Longitude: -104.49067
The criteria for review of this Solar Enerav Facility are listed Chapter 23, Article IV. Division 6 of the Weld
County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ West Greeley Conservation District, referral dated October 12, 2021
> Weld County Department of Public Health and Environment, referral dated October 6, 2021
> Weld County Department of Planning Services — Development Review, referral dated October 6, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Platte Valley Fire Protection District, referral dated October 4, 2021
➢ Central Weld County Water District, referral dated October 18, 2021
➢ Weld County Zoning Compliance, referral dated September 30, 2021
ZPSF21-0003 Page 1 of 5
Case Summary:
The applicant, SunShare LLC, is proposing a Solar Energy Facility (SEF) that is less than five (5) acres in
size, specifically 3.69 acres in size. This is roughly a 480 KW -AM project. The site is located on a dry corner
in the southeast comer of the 160 -acre quarter section. The facility will utilize an access point previously
used by PDC off of County Road 46. The operational life of the facility is generally twenty (20) and thirty
(30) years. The useful life of the equipment is expected to be between thirty-five (35) and forty (40) years_
The facility will be surrounded by an eight -foot (8 ft) game fence. The property to the south was approached
in regard to putting an opaque fence up but the property owner currently has a thick row of trees and at this
time does not desire any extra screening efforts. Property maintenance is expected to occur quarterly.
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 applicant is in compliance with the criteria identified in this Chapter for the specific category of
zoning permit for which application is being made.
The application materials appear to meet the submittal requirements listed in Section 23-4-455 and
the general application requirements listed in Section 23-4-460 of the Weld County Code.
Additionally, no referral responses were received in opposition to the location of the solar facility.
Department of Planning Services — Development Review and the Department of Public Health and
Environment submitted referrals with comments. These comments have been added as
development standards.
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 the owners of eight (8) surrounding properties. No responses were received in
opposition to the location of the 5 Acre Solar Energy Facility (5 ACRE SEF) from surrounding
property owners.
2. Prior to construction, building permits shall be obtained for the 5 Acre Solar Energy Facility (5 ACRE
SEF) and must comply with all installation standards of Chapter 29 of the Weld County Code.
3. Prior to the release of building permits, the applicant shall:
A. An acceptable Final Drainage Report, completed by a professional engineer licensed in the State
of Colorado, shall be submitted.
B. A Road Maintenance Agreement is required for road maintenance during construction. Road
maintenance includes, but is not limited to, dust control and damage repair to specified travel routes
during construction.
C. A Weld County Access Permit shall be obtained for the proposed access location, pursuant to the
provisions of Article XIV of Chapter 8 of the Weld County Code, as amended.
D. A Weld County Grading Permit shall be obtained if more than one (1) acre is to be disturbed,
pursuant to the provisions of Article XII of Chapter 8 of the Weld County Code, as amended.
ZPSF21-0003 Page 2 of 5
E. 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
Solar Energy Facility (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 Solar Energy Facility (5
ACRE SEF).
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
4. The applicant (SunShare, LLC) accepts responsibility to decommission the site when the facility is
deemed obsolete in accordance with the accepted Decommissioning and Reclamation Plan.
5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation.
6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at any time of
the day.
7. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least five hundred (500) feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver
or informed consent signed by the residence owner agreeing to the lesser setback.
8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for
control of fugitive dust detailed accepted Dust and Weed Mitigation Plan.
9. Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
ZPSF21-0003 Page 3 of 5
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary).
10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services. Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
11. Stormwater management. The 5 ACRE SEF shall comply with the accepted final drainage report.
12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code shall be held for the life of the project. The letter shall name the Board of County
Commissioners of Weld County as the sole beneficiary; be issued by an A -rated financial institution
based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar
credentials; include an automatic extension provision or "evergreen clause;" and be "bankruptcy
remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator.
14. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
15. Access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or offsite tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement.
18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction.
19. Weld County is not responsible for the maintenance of onsite drainage related features.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.
23. 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.
ZPSF21-0003 Page 4 of 5
24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
25. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened
from public view and removed when construction is completed.
26. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
Maxwell Nader, Planner II
Date: November 17, 2021
ZPSF21-0003 Page 5 of 5
Exhibit B
To be attached to and made apart of bond SU 1172325.
Decommissioning/Reclamation
Plan
For a Small -Scale Solar Facility
Animas Solar
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number: ZPSF Number—ZPSF21-
Paul A. Sater (Parcel ID No. 105312000007)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
Denver, Colorado
7SunShare
COMML1111V $*Las
Date Prepared: September, 2021
Page I 1
1.0 Overview
As a condition of approval for the Zoning Permit for a Solar Facility, 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 30 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 priorto the 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.
i.i 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:
Page 12
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.
S. 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 and steel 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.
Page 13
g. Concrete foundations shall be removed and will be recycled off -site at an
approved concrete recycling facility.
io. Fencing shall be removed and will be recycled off -site at an approved recycling
facility.
.a. 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 i5 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:
Page 14
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 —
i.
Includes the specified appropriate project management and
mobilization to
adhere to the project schedule.
2.
Breakouts provided for accounting purposes only.
3.
All work is to be done in a single phase.
4.
Includes recycling of steel, aluminum, modules and copper.
5.
Includes restoration of the site back to like conditions before the solar array
was installed.
The scope includes:
1. Electrical permit fees.
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.
Scope 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.
Page5
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated l zo2;, the Board
requires SunShare, LLC to provide financial assurance to the Co my in the form of a surety bond,
in an amount established by the Director of the Department of Planning Services, to ensure
proper decommissioning of the facility. The surety bond is to name the Board of County
Commissioners of Weld County as beneficiary and be current and active at all time during the
life of the permit. The required surety bond will be provided as part of this
Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for
decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (go) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation.
Prepared by:
Mathew Ricci
VP of Project Operations
Page ! 6
Site Plan
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