HomeMy WebLinkAbout20223380.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ESTROMINA CO GREELEY LAND, LLC, AKA ECA CO GREELEY, LLC, C/O
CLOUDBREAK ENERGY PARTNERS, 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 January 26, 2022, the Board of County Commissioners conditionally
approved the application of Estromina Co Greeley Land, LLC, aka ECA CO Greeley, LLC,
282 Moody Street, Suite 202, Waltham, Massachusetts 02453, for a Site Specific Development
Plan and Use by Special Review Permit, USR21-0020, for a Solar Energy Facility (SEF) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX18-0151; being part of the
NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michael Redding,
ECA CO Greeley, LLC, 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, and
WHEREAS, pursuant to Condition of Approval #1.A of the Resolution of USR21-0020,
ECA CO Greeley, LLC, do Cloudbreak Energy Partners, LLC, 4845 Pearl East Circle Street,
Suite 118 #53242, Boulder, Colorado 80301, has presented the Board with a Decommissioning
Plan for said USR, and requests the Board accept Surety Company Annually Renewable
Decommissioning Bond #PB02230800554, insured through Philadelphia Indemnity Insurance
Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of
$231,707.97, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation
of said solar energy facility, and
WHEREAS, staff recommends approval of the Decommissioning Plan and acceptance of
Surety Company Annually Renewable Decommissioning Bond #PB02230800554, since they
comply with Section 23-4-1030.B.4 of the Weld County Code and will satisfy Condition of Approval
#1.A of the Resolution of USR21-0020.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Decommissioning Plan, be, and hereby is, approved and
accepted.
4873328 Pages: 1 of 2
12/21/2022 09:57 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111114U��
c c : PL (TP/mo / DR /51-H /KR)
oi/12./23
2022-3380
PL2813
APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL (USR21-0020) -
ESTROMINA CO GREELEY LAND, LLC, AKA ECA CO GREELEY, LLC, C/O CLOUDBREAK
ENERGY PARTNERS, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety
Company Annually Renewable Decommissioning Bond #PB02230800554, insured through
Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd,
Pennsylvania 19004-0950, in the amount of $231,707.97, guaranteeing maintenance,
replacement, removal, relocation, and/or reclamation of said solar energy facility as permitted and
operated under USR21-0020, be, and hereby is, approved and accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d‘tdc4/0 �C�D•t,C
Weld County Clerk to the Board
BY:
EXCUSED
Scott K. James, Chair
EXCUSED
Mik man, Pro-Tem
Deputy Clerk to the Board
erry L. B
Count )os • rney
Date of signature: 12/I2/
4873328 Pages: 2 of 2
12/21/2022 09:57 AM R Fee:$0.00
Car1Y Koppes, Clerk and Recorder, Weld County , CO
111111
teve Moreno, Acting Chair Pro -T
Lori Saine
2022-3380
PL2813
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Use by Special Review for a Solar Energy Facility (USR21-0020)
DEPARTMENT: Planning Services DATE: 11.23.2022
PERSON REQUESTING: Michael Hall
Brief description of the problem/issue:
ECA CO Greeley LLC c/o Cloudbreak Energy Partners has submitted a Surety Bond for the Board of County
Commissioner's consideration for the decommissioning and reclamation for a Use by Special Review for Solar
Energy Facility, which was conditionally approved by Board of County Commissioners Resolution on January
26, 2022, case # USR21-0020. The attached Surety Bond wil meet the intent of Condition of Approval #1.A of
the Resolution. The Surety Bond meets the requirements of Section 23-4-1030.B.4 of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
1030.B.4 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.A of the USR
Resolution.
Approve Schedule
Recom r a dation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
rpir
Y`o, fowl
2022-3380
12/1 PL 3
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: lsaine weldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Tuesday, November 29, 2022 11:02 AM
Karla Ford
RE: Please Reply - PASS AROUND- SURETY BONDS FOR USR21-0020
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
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weldgov.com>
Sent: Tuesday, November 29, 2022 7:42 AM
To: Lori Saine <Isaine@weldgov.com>
Subject: Please Reply - PASS AROUND- SURETY BONDS FOR USR21-0020
Please advise if you approve recommendation. Thank you.
Karla Ford '2
r.
Office Manager, Board of Weld County Commissioners
1150 O Street, P, O. 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.**
1
BOND # PB02230800554
Surety Company
Annually Renewable Decommissioning Bond
KNOW ALL MEN BY THESE PRESENTS: That Green Street Power Partners. LLC (hereinafter called the Principal),
and Philadelphia Indemnity Insurance Company Surety Company (hereinafter called the Surety), are held and firmly bound unto
Weld County (hereinafter called the Obligee), in the full and just sum of
97/100 nun' i nny ne nousano aevm, "'male°'even '1'1'1'
8' Dollars (5231, 707.97 ), the payment of which sum, well and truly to be made, the
said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has by written agreement dated the 3rd day of November, 2022 entered into a Contract with the Obligee
Decommissioning bond for PV Facility at Parce No. 080319200011 in Weld County. Colorado
for which contract is hereby referred to and made a part hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract fora period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform
each and every obligation in said Contract at the time and in the manner specified during the term of this bond, and shall reimburse said
Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be
void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, That this bond is subject to the following conditions:
1.
This bond is for the tens beginning November 11, 2022 and ending November 11, 2023 . The bond maybe extended for
additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non -renewal by the surety,
nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond.
2. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written statement of the facts of such
default, within thirty (30) days of the occurrence. In the event of default, the Surety will have the right and opportrmity, at its sole
discretion, to: a) cure the default; b) assume the remainder of the Contract and to perform or sublet same; c) or to tender to the
Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal
sum of the bond In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the
Principal.
3. No claim, action, suitor proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument
unless same be brought or instituted upon the Surety within one year from termination or expiration of the bond tem.
4. No right of action shall accnce on this bond to or for the use of any person or corporation other than the Obligee named herein or the
heirs, executors, administrator or successors of Obligee.
5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought
against this bond and regardless of the number of years this bond remains in force.
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in
the underlying document, then the terms of this bond shall prevail.
7. This bond shall not bind the Surety unless the bond is accepted by the Obligee. The acknowledgement and acceptance of this bond
is demonstrated by signing where indicated below. 1f this obligation is not accepted by way of signature of the Obligee below, this
bond shall be deemed null and void.
Signed and sealed this 11th day of November 2022
PRINCIPAL: SURETY:
Green St r r P pp LC (seal) Philadelnd�Ins
nee
co
ttanry %
19 I IA
Tr ie House Attorney -in -
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE
(OBLIGEE).
ACKNOWLEDGED AND AC
BY: .�
D BY OBLIGEE:
r'-� fr e cam
PRINTEDNAMEITITLE: Steve Moreno. Acting Chair Pro-Tem
DATE: December 7, 2022
PLEASE RETURN A COPY OF ACCEPTED BOND TO:
Green Street Power Partners, LLC
1 Landmark Square, Ste 320, Stamford, CT 06901
a.2oaa-33So
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
Surely Bond Number: PB02230800554
Principal: Green Street Power Partners, LLC
Obligee: Weld County
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Tracie House its true and lawful Attorney -in -fact with
full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the
course of its business and to bind the Company thereby, in an amount not to exceed $75,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14. of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021.
(Seal)
I,U
John Glomb. President & CEO
Philadelphia Indemnity Insurance Company
On this 5°i day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Vamp lickwale. Notary Public
I�rwa�rc«�r
My oo mmla/an agAres NOW mbee 3.2!4
Comt0Moe ntaabn /3ld3/4
m ayM. Pamspos s iroximrnol meow
Notary Public:
residing at:
My commission expires:
Bala Cynwyd, PA
November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 5. day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof i have subscribed my name and affixed the facsimile seal of each Company this 11th day of November 2022
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
TRC
To:
Mr. Zach Brammer and Alec Shobe
ECA CO Greeley, LLC
4845 Pearl East Circle St. 118 #53242
Boulder, Colorado 80301
Weld County
Planning Department
1150 O Street P.O. Box 758
Greeley, CO 80631
RE: Decommissioning Plan
700 Highlander Blvd., Suite 210
Arlington, TX 76015
T 817.522.1000
TRCcompanies.com
November 3, 2022
TRC Engineers, Inc. (TRC) is pleased to provide this decommissioning cost estimate to Weld County for the
3.25 -megawatt (MW) ground -mounted photovoltaic system on approximately 29.80 acres (enclosed within a
fence) on a 78.81 -acre parcel located in Weld County, Colorado (the Project). The attached decommissioning
cost is prepared under the responsible charge of and has been reviewed by a Professional Engineer licensed in
Colorado.
This opinion of probable costs is based on the engineer's experience in the design and construction of energy
facilities and is subject to final engineering. Costs have been split between plant disassembly and site restoration,
which reflect the overall decommissioning process. This opinion assumes a third -party contractor, experienced in
the construction and decommissioning of PV facilities will lead the effort. The reported costs include labor,
materials, taxes, insurance, transport costs, equipment rental, contractor's overhead, and contractor's profit as
applicable. Labor costs have been estimated using regional labor rates and labor efficiencies from RS Means
along with previous decommissioning plan estimates completed for other similar projects.
The PV facility will be disassembled by removing all above and below grade components. This includes, but not
limited to, complete removal of asphalt and gravel surfaces and site concrete, along with the removal of above
ground and any buried cables and all underground conduits. These costs include the regrading and reseeding of all
disturbed removal areas, as well as the backfilling and stabilization of all trenches. In addition, other costs
associated with the decommissioning and reclamation of the facility site, such as administrative costs, are
included.
The decommission estimate includes labor costs in 2022 and will be updated in five (5) years. This estimate has
been prepared using accepted practice and the best information readily available at the time of preparation.
Sincerely,
TRC Engineers, Inc.
i
November 3, 2022
Kelsey Blaisdell, P.E. Date
Principal Engineer
DECOMMISSIONING COST ANALYSIS
DESCRIPTION OF ITEM
QUAAMTY
uxrt
UNIT COST
TOTAL COST
(2022)
LOGIC
2.0
3.0
4.0
5.0
6.0
7.0
9.0
10.0
11.0
12.0
13.0
14.0
I. DISASSEMBLY. DISPOSAL
Disconnect of Elect.' System
PV Modules
Inverters)
Transformers)
Racking Frame (SAT)
Racking Posts
Tracker Ma.
LV Wiring
MV Wiring
Fence
20' Gates
Concrete
Gravel (Access Road)
7,800
26
139
1,114
139
35,687
1,832
5,183
130
1,041
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
EA
CY
CY
1,200.00
5.17
215.48
1,586.13
16.16
16.16
10.49
EA
1.40
0.57
2.59
201.05
67.16
21.30
375.00
1,200.00
40,326.00
5,602.48
3,172.26
2,246.24
18,002.24
1,458.11
49,961.80
1,044.24
13,423.97
402.10
8,730.80
72,173.30
1,125.00
"Use Crew A-5 (2 Laborers; .25 Truc. Omer; .25 Flatbed Truck( _ $1,293/day. Auume crews on remove -250 panels/day.
'Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck). $1,293/day. Assume crews can remove 6/day.
'RS Means 260505101570, 750 kVA.
'Use Crew A-5 (2 Laborers; .25 Truck Driver, .25 Flatbed Truck). $1,293/day. Assume crews can remove: 80/day.
'Use Crew A-5 (2 Laborers; .25 Truck Driver; .25 Flatbed Truck) _ $1,293/day. Assume crews can remove 80/day.
•Use Crew R-3 (1 Electrician Foreman; 1 Electrician; .5 Equip. Oper. (cmne);.55.P. Crane, 4.4, 5 ton). $839.32. Assume crews can remove 80/day.
•R5 Means 260505100390 .10, 3 wire Rome..
•R5 Means 260505101940 4/0, THW-TH WN-THHN (557.27/CLF).
•Use Crew A-5 (2 tab..; .25 Truck Driver; .25 Flatbed Truck) =$1,293/day. Assume crews can remove 500 LF/day.
'RS Means 024113620400.
'Use Crew B-38 (2 Laborers; l Equip Oper; 1 Truck Driver; 1 Rae., l Dump T.) = $3,358/day. Assume crews can remove 50 CY/day.
'Use Crew B-17 r 4 trucks (2 Laborers; 1 Equip Open, 4 Truck Driver; 1 Back.; d Dump Tiff) _ $6.390/day. Assume 300 Cy/day, lift cycle.
15.0
MW
IA
2.0
II. SITE RESTORATION
Re -Seeding (includes seed)
Re -Grading
29.80
1,041
AC
SY
SUBTOTAL
SUBTOTAL
3.000.00
2,000.00
0.23
TOTAL DEMOLITION COSTS
3,000.00
'Use Crew 8-38 (2 Laborers) 2 days with required equipment for removal.
171,868.54
59,600.00
239.43
"Cost includes:(Seed: 4-7 species(natiw: types); Estimate also includes labor Spraying; Disking; Planting; Mulch; One man 8 machine).
•RS Means 312216103300.
59,839.43
231,707.97
• = Costs derived from RS Means Heavy Site estimating manual (assume 10 hr shift)
ECA CO GREELEY Decommissioning Plan
ECA CO Greeley CR 37 Solar Garden Project Decommissioning Plan
A. Approach
ECA CO Greeley LLC has developed this decommissioning plan for the County Road 37 Solar Garden Project, to be
implemented after the contracted lease term has ended. ECA CO Greeley LLC., the owner of the 3.250 MW AC
Solar Energy Facility (SEF) will be responsible for the decommissioning.
Decommissioning of the Project will include removal of all above and below -ground infrastructure, including the
arrays, inverter structures, concrete foundations and pads, and electrical infrastructure. All fences and access drives
shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees
for this to remain. The property shall be restored to a condition reasonably similar to its condition prior to
development of the 3.250 MW AC SEF. Grading and re -vegetation will comply with all applicable rules and
regulations. Exclusions from the decommissioning plan include planting trees, removing internal site roads, and re-
grading to previous conditions. All non -utility owned equipment, conduits, structures, fencing, and foundations to a
depth of at least 3' below grade shall be removed. Decommissioning activities will follow the CDOT best
management practices (BMPs) for erosion and sediment control and stormwater management' that are applied
during project construction, or any new BMPs relevant at the time.
ECA CO Greeley LLC will decommission the Project once the contracted lease term is over, if the lease term is not
extended or renewed. Decommissioning may also be initiated if the project is no longer viable, or in the case of a
force majeure event (described in Section D below). ECA CO Greeley LLC will provide notice to Weld County prior
to commencement ofdecommissioning the Project.
B. Estimated Timeline and Cost
Decommissioning/reclamation shall commence within 12 months after power production has permanently ceased
and be completed within 12 months from the start date of the decommissioning/reclamation work, as described in
Section A. Decommissioning/reclamation cost estimates, which shall be updated every five years from the
establishment and submittal of the financial assurance mechanism, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the
following elements:
i. All labor, equipment, transportation, and disposal costs associated with the removal all facility
components from the facility site
ii. All costs associated with full reclamation of the facility site, including removal of non-native soils,
fences, and constructed access roads
iii. All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each
area of direct impact shall be materially similar to the condition it was before construction
iv. All decommissioning/reclamation activity management, site supervision, and site safety costs
v. All other costs, including administration costs, associated with the decommissioning and reclamation
of the facility site
vi. The established date of submission of the financial assurance mechanism to Weld County
Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of financial assurance
mechanism in an amount sufficient to fund the estimated decommissioning costs required by the Code, the Security
shall:
i. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit;
approval would be required to add the landowner as an additional beneficiary of the letter of credit
ii. 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
iii. Include an automatic extension provision or "evergreen clause"
iv. Be "bankruptcy remote", meaning the financial assurance mechanism will be unaffected by the
bankruptcy of the SEF operator
ECA CO GREELEY Decommissioning Plan
Weld County, in its sole discretion, may approve alternative forms of a financial assurance mechanism such as, but
not limited to bonds, letters of credit, 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.
Furthermore, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form
of financial assurance mechanism, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County Commissioners order or resolution
directing decommissioning/reclamation.
C. Continued Beneficial Use
If prior to decommissioning the Project the landowner determines that any of the Project components can be
beneficially used on the land after disassembly, such items would be exempt from the requirements for
decommissioning. If a third party acquires the Project or a portion of the Project, such third party would be
responsible for providing evidence of a plan of continued beneficial use for their relevant Project components.
D. Force Majeure
An exception to these requirements will be allowed for a force majeure event, which is defined as any event or
circumstance that wholly or partly prevents or delays the performance of any material obligation arising under the
Project permits, but only to the extent:
Such event is not within the reasonable control, directly or indirectly, of ECA CO Greeley LLC (including
without limitation events such as fire, earthquake, flood, tornado, hurricane, acts of God and natural
disasters; war, civil strife or other similar violence);
ECA CO Greeley LLC has taken all reasonable precautions and measures to prevent or avoid such event or
mitigate the effect of such event on ECA CO Greeley LLC's ability to perform its obligations under the
Project permits and which, by the exercise of due diligence, it has been unable to overcome; and
Such event is not the direct or indirect result of the fault or negligence of ECA CO Greeley LLC.
In the event of a force majeure event, which results in the absence of electrical generation by one or more solar
panel arrays for 12 months, ECA CO Greeley LLC must demonstrate to Weld County by the end of the 12 months of non -
operation that the Project will be substantially operational and producing electricity within 24 months of the force
majeure event. If such a demonstration is not made to Weld County's satisfaction, the decommissioning of any
single solar panel only (and no other part of the Project that is operational) or if the entire Project is not substantially
operational and producing electricity, then decommissioning of the Project must be initiated 18 months after the
force majeure event.
may:
Signature of Applicant:
Todd Fryatt
Title: President
ECA CO Greeley LLC
1 CDOT (Colorado Department of Transportation). 2019. Colorado Erosion Control & 5tormwater Quality Guide.
Chapter 5: Construction Control Measures. November 2019. Available online at:
https://www.codot.gov/programs/environmental/landscape-arch itecture/
erosion-control-stormwater-quality-1/erosion-storm-quality/chapter-5. Accessed February4, 2021.
DECOMMISSIONING QUANTITIES
DESCRIPTION OF ITEM
QUANTITY
QA/QC
I. DISASSEMBLY & DISPOSAL
1.0
Disconnect of Electrical System
EA
2.0
PV Modules
EA
7,800
Ref. Site Plan Project Summary Table
3.0Inverter(s)
EA
26
4.0
Transformer(s)
EA
2
"
5.0
Racking Frame (SAT)
EA
139
Each SAT frame contains -56 modules (round up)
6.0
Racking Posts
EA
1,114
Each frame consists of 8 posts
7.0
Tracker Motors
EA
139
One tracking motor per SAT frame
8.0
LV Wiring
LF
35,687
Use Length of each array row x 1.15 for connections
9.0
MV Wiring
LF
1,832
Use Length between farthest Inverter/Transformer pad to POI x 1.3 (1 -phase system)
10.0
Fence
LF
5,183
Ref. Site Plan
11.0
20' Gate (Vehicle Gate)
EA
2
Ref. Site Plan
12.0
Concrete
CY
130
2 equipment pads (18'x11'), fence/gate footings, round up
13.0
Gravel (Access Road)
CY
1,041
Access drive 12' stone
14.0
Power Poles (Customer Owned)
EA
3
Ref. Site Plan
15.0
General Conditions
(Geo liner removal; other mist. items)
MW
1
Assume 1 Man Week for disturbed area
I. SITE RESTORATION
1.0
Re -Seeding
AC
29.80
Assume overall solar site as limit of disturbance during construction
2.0
Re -Grading
CY
1,041
Use volume of access road and vegetated swales below existing grade
III. SALVAGE
1.0
PV Modules
EA
7,722
Assume 99% material salvage
2.0Inverter(s)
EA
26
3.0
Transformer(s)
LBS
2
4.0
Tracker Motors
EA
139
5.0
Racking Frame (Fixed Tilt)
LBS
193,607
Each Racking Frame weighs approximately 1390 lbs.
6.0
Racking Posts
LBS
84,240
Max. Array Ht.= 10, So High Post = 9' exposed; Law Post = 4.5' exposed. Avg. exposed
ht.= 6.75' (say 7').
4" dia. Structural pipe = 10.8 lbs/ft. Avg. wt. per post = 75.6 lbs. Assume worst case
with Sonotube below grade = no salvage value.
7.0
LV Wiring
LBS
23,197
Use 0.651bs/LF
8.0
MV Wiring
LBS
3,554
Use 1.94 lbs/LF
9.0
Chain Link Fence and Gates
LBS
16,842
Use 3.2 lbs/LF of fence
Cheryl Hoffman
To:
Cc:
Subject:
Michael Hall
Esther Gesick
RE: USR21-0020 Surety Bond Hearing dates
Thank you for your response, Michael. I've printed this out and will make sure we get the correct entities listed on the
Resolution.
Thanks again. I'll schedule this for 12/7 then.
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: Michael Hall <mhall@weldgov.com>
Sent: Wednesday, November 30, 2022 11:32 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
Cheryl,
Per Zach Brammer of Cloudbreak:
" December 7th at gam works for the bond hearing.
Here's a brief writeup on the relationships between the entities:
• ECA CO Greeley, LLC is a wholly owned subsidiary of Cloudbreak Energy Holdco, LLC,
subsidiary of Cloudbreak Energy Partners, LLC.
• Green Street Power Partners, LLC will be acquiring the membership interests of ECA
Cloudbreak Energy Holdco, LLC prior to the commencement of construction, so Green
LLC will be the ultimate owner of the project when construction begins."
Essentially, Estromina (ECA) and all version of that was the original applicant, they transferred
to finish once the BOCC approved the case, Cloudbreak is finalizing the permit and the project
Street for construction.
Pretty complicated/confusing.
Thank you,
Michael Hall
Planner II
which is a wholly owned
CO Greeley, LLC from
Street Power Partners,
the project to Cloudbreak
will transfer to Greet
(970) 400-3528
mhall@weldgov.com
1555 N17th Avenue
Greeley, CO 80631
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.
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Wednesday, November 30, 2022 10:30 AM
To: Michael Hall <mhall@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
Thank you, Michael. I totally understand. We've got Estromina Co Greeley Land, LLC in the heading on the Resolution,
the representative for the applicant, Michael Redding of ECA Co Greeley in the body of the Resolution, ECA CO Greeley
CR37 Solar Garden Project on the Decommissioning Plan and Green Street Power Partners LLC on the Bond. I'm not sure
which names should actually be included in the Resolution. Kind of confusing.
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: Michael Hall <mhall@weldgov.com>
Sent: Wednesday, November 30, 2022 10:09 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
Cheryl,
Good catch. I have an email out to the applicant requesting more information...
Typically these solar facility deals can be buried in several layers of ownership arrangements.
Michael Hall
Planner II
(970) 400-3528
mhall@weldgov.com
1555 N17th Avenue
Greeley, CO 80631
2
WELD
�vE�o couNrc 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@weldgov.com>
Sent: Wednesday, November 30, 2022 10:02 AM
To: Michael Hall <mhall@weldgov.com>; Chloe White <cwhite@weldgov.com>; Esther Gesick <egesick@weldgov.com>;
Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com>
Cc: Maxwell Nader <mnader@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
Hi Michael,
In your pass around you have the wording "ECA CO Greeley LLC cjo Cloudbreak Energy Partners has submitted...";
however, on the Bond it shows "Green Street Power Partners, LLC". Am I missing something?
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: Michael Hall <mhall@weldgov.com>
Sent: Wednesday, November 30, 2022 9:37 AM
To: Cheryl Hoffman <choffman@weldgov.com>; Chloe White <cwhite@weldgov.com>; Esther Gesick
<egesick@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com>
Cc: Maxwell Nader <mnader@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
I should be receiving the signed bond today per the tracking information.
So December 7 should work. I will confirm with the applicant.
Thanks!
Michael Hall
Planner II
19701400-3528
mhall@tweldgov.com
1555 N17th Avenue
Greeley, CO 80631
3
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.
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Wednesday, November 30, 2022 8:54 AM
To: Michael Hall <mhall@weldgov.com>; Chloe White <cwhite@weldgov.com>; Esther Gesick <egesick@weldgov.com>;
Jan Warwick <iwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com>
Cc: Maxwell Nader <mnader@weldgov.com>
Subject: RE: USR21-0020 Surety Bond Hearing dates
Thank you, Michael, for providing all the documents needed. Do you think you'll receive the original bond by Wed, 12/7
or is Mon, 12/12 better? Just let me know and I'll draft the Resolution and send a calendar appt.
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: Michael Hall <mhall@weldgov.com>
Sent: Wednesday, November 30, 2022 8:18 AM
To: Cheryl Hoffman <choffman@weldgov.com>; Chloe White <cwhite@weldgov.com>; Esther Gesick
<egesick@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com>
Cc: Maxwell Nader <mnader@weldgov.com>
Subject: USR21-0020 Surety Bond Hearing dates
CT B,
The Surety Bond for USR21-0020 was approved on pass -around on November 29, 2022.
In the attached ZIP folder is the USR Final Resolution, Decommissioning Plan, Decommissioning Bond and Pass around.
The signed hardcopy of the Decommissioning Bond is being sent via FedEx. I will interoffice mail that over to you when I
receive it.
Please provide some available 9 am BOCC hearing dates that I will pass along to the applicant.
Let me know if there is anything else you need.
Thank you,
Michael Hall
4
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ESTROMINA CO GREELEY LAND, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Estromina CO Greeley Land, LLC, 282 Moody Street, Suite 202, Waltham,
Massachusetts 02453, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0020, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX18-0151; being
part of the NW1/4 of Section 19, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Michael Redding, ECA Co
Greeley, 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
cc,pLerrinq EH(u-) cA(85),
3/23172
2022-0330
PL2813
SPECIAL REVIEW PERMIT (USR2'I-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 2
the [Comprehensive Plan) shall be consistent and promote
financially responsible growth." This Solar Energy Facility will
provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy
Facility, being a power -generating facility, will add variety, stability
and redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed solar array area will occupy less than 50% of the existing
parcel and will be sited in the center portion of the property that is
distant from State Highway 392, being north of the parcel, and the
residences located to the north and south of the parcel.
Furthermore, the layout of the SEF is designed to allow for
continued operation of on -site oil and gas surface infrastructure.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code section supports the installation of the subject Solar Energy
Facility, which is an energy development. The facility will provide
power to be utilized by residences, businesses and farming
operations in Weld County.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code includes, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size but less than one -hundred sixty (160) acres in
the Near/Urban Area as shown on Appendix 21-B, or being more
than five (5) acres but less than three -hundred twenty (320) acres
in the Ag/Rural Area as shown on Appendix 21-B." This Code
section allows the applicant to apply for the subject Solar Energy
Facility, being located in the Near/Urban Area as shown by map in
Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a
"Solar Energy Facility" means: "a commercial facility whose primary
2022-0330
PL2813
SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 3
purpose is to supply electricity and consists of one or more solar
arrays andother accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 27 acres of the 78 -acre parent parcel and
qualifies as an SEF USR. This USR facility will also include two (2)
storage containers for construction and operation usage, being
Accessory Uses, permitted by Section 23-3-30.B of the Weld
County Code.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
are zoned A (Agricultural). The surrounding land uses consist of irrigated
and non -irrigated farmland, rural residences, industrial businesses and
on -going oil and gas activity. The closest residence is located
approximately 200 feet northeast of the subject parcel boundary. However,
the actual distance from the solar array to the closest is residence is
approximately 775 feet southwest. The distance from the solar facility to
the next closest residence is approximately 868 feet northeast. Three (3)
of the eight (8) adjacent parcels of land have residences located on them.
There are several USRs within one (1) mile of the site, including:
MUSR16-0008 (mineral resource development facility, being located
northeast of and adjacent to the SEF facility), USR-995 and MUSR14-0011
(oil and gas production facilities), USR-1492 (church), 3AMUSR-764
(agricultural service business) and USR13-0050 (tank, pump, hose, pipe,
and truck staging/storage yard and maintenance facility). Weld County
Department of Planning Services staff sent notice to 12 surrounding
property owners within 500 feet of the proposed USR boundary. No written
correspondence or telephone calls were received. Due to the rural
surrounding land uses and significant distance from the facility to other
improved land uses, this low -impact and low -traffic facility appears to be
compatible with the area. In particular, the improved area is at least 500
feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. Of those existing residences
beyond 500 feet of the improved area, such residential properties are well
screened by landscaping and varied topography.
D. Section 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. This site
is not located within a Coordinated Planning Agreement (CPA) boundary.
The site is located within the three (3) mile municipal referral radius of the
City of Greeley and Town of Eaton. The referral from the City of
Greeley — Community Development Department, dated November 2,
2021, stated no concerns. Eaton did not return a referral response.
2022-0330
PL2813
SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 4
E. Section 23-2-230.6.5 — The proposed facility is not located within a Special
Flood Hazard Area, Greeley -Weld County. Airport Overlay District,
Geologic Hazard Overlay District Historic Townsite Overlay District or
Municipal Separate Storm Sewer System (MS4) area. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is primarily designated as 'Prime Farmland if Irrigated" with
low -slope (1-3%), loam soils. A small portion of the site contains loam soils
with slightly higher slopes (3-5%) located in the northeast corner of the
parcel. Another insignificant portion of the site contains flooded soils,
located in the extreme west -central portion of the parcel. The proposed use
of the property for an SEF will not remove topsoil from the property. After
the life of the Solar Energy Facility, the land may be returned to historic
uses. The SEF is compatible with traditional A (Agricultural) Zone District
uses as it will not inhibit farming practices outside of the project area and a
grassland vegetative cover will be maintained under the solar panel arrays.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. Those agency
referral responses, which contained comments, provide additional advisory
information, and conditions regarding designing and operating the site to
protect the interests of the County, public and other governmental
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Estromina CO Greeley Land, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0020, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
Prior to recording the map:
ElA. An updated Decommissioning and Reclamation Plan shall be submitted
which addresses the items listed in Section 23-4-1030.6.4 of the Weld
County Code.
The applicant shall attempt to address the comments of PDC Energy, as
stated in the mineral notice response dated December 16, 2021. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
2022-0330
PL2813
SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 5
A Road Maintenance Agreement (Construction) is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes.
A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
The applicant shall submit an updated Landscaping and Screening Plan,
for review and approval, by the Department of Planning Services.
The applicant shall submit an updated Property Maintenance Plan, for
review and approval, by the Department of Planning Services. Such plan
shall address concerns of grassland fires and shall include a seasonal
grass and weed maintenance schedule.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0020.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County
Code for design criteria.
2022-0330
PL2813
SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 6
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall show and label the Greeley #2 Canal.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70 of
the Weld County Code.
11) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement.
12) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number and recording date.
13) County Road 37 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
14) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
locations prior to construction.
15) The applicant shall show and label the approved tracking control on
the site plan.
16) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
17) If applicable, show and label a 30 -foot minimum access and utility
easement to provide legal access to the parcel on the site plan.
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SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 7
18) The applicant shall showand label the drainage flow arrows.
19) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access and tracking control shall be constructed prior to
on site construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTEST: G„0J G: JCLt aok
Scott K. James, Chair
Weld County Clerk to the Board
2022-0330
PL2813
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ESTROMINA CO GREELEY LAND, LLC
USR21-0020
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0020, for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site once operational.
4. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended.
5. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at
any time of the day per Section 23-4-1030.C.2 of the Weld County Code, as amended.
6. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through 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 by the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
7 Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
8. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended.
9. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
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10. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage. Report and the required Storm Drainage Criteria pursuant to Chapter 8,
Article XI of this Code. Ground -mounted solar collector systems shall be exempt from
impervious surface calculations if the soil under the collectors is designated hydrologic A
or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
11. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Public Works, pursuant
to the provisions of Chapter 8, Article XIV of this Code, per Section 23-4-1030.C.8 of the
Weld County Code, as amended.
12. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility, per
Section 23-4-1530.C.9 of the Weld County Code, as amended.
13. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per
Section 23-4-1030.B.4.h of the Weld County Code, as amended, Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
15. The site shall be maintained in accordance with the accepted Landscaping and Screening
Plan.
16. The site shall be maintained in accordance with the accepted Lighting Plan.
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
18. 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.
19. 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.
20. 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
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potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
21. 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.
22. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
27. 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.
28. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Construction).
29. The historical flow patterns and runoff amounts on the site will be maintained.
30. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code. A
Building Permit application must be completed and submitted. Buildings and structures
shall conform to the requirements of Chapter 29 of the Weld County Code, and the
adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and the 2020 National Electrical Code.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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33. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
35. Construction or use pursuant to approval of a .Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
36. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
37. In such cases where the Use by Special Review has terminated but the landowner does
not agree to requestto vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
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resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
39. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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