HomeMy WebLinkAbout20223327.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR ZONING
PERMIT FOR SOLAR ENERGY FACILITY, ZPSF22-0002, LESS THAN FIVE (5)
ACRES (5 ACRE SEF) - PIVOT SOLAR 23, 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 April 27, 2022, the Department of Planning Services conditionally
approved the application of Pivot Energy, and Pivot Solar 23, LLC, c/o Kyle Sundman, 1750 15th
Street, Suite 400, Denver, Colorado 80202, for a Zoning Permit for Solar Energy Facility,
ZPSF22-0002, less than five (5) acres (5 ACRE SEF), on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption, RE -446; being part of the SW1/4 of
Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the owner of the property is Roberta McGregor and Dorothy Davis c/o Erick
Davis, Personal Representative, 22440 County Road 35, LaSalle, Colorado 80645, and
WHEREAS, pursuant to Condition of Approval #3.F. of the staff report of ZPSF22-0002,
Pivot Energy, and Pivot Solar 23, LLC, c/o Kyle Sundman, has presented the Board with a
Decommissioning Plan for said 5 ACRE SEF, and requests the Board to accept Decommissioning
Bond #CMS0346106, insured through RLI Insurance Company, Attn: Amy Wolfanger,
RLI Commercial Surety, 9025 North Lindberg Drive, Peoria, Illinois 61615, in the amount of
$13,400.00, 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
Decommissioning Bond #CMS0346106, since they comply with Section 23-4-455.D.7 of the Weld
County Code and will satisfy Condition of Approval #3.F of the staff report of ZPSF22-0002.
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.
BE IT FURTHER RESOLVED by the Board of County Commissioners that
Decommissioning Bond #CMS0346106, insured through RLI Insurance Company,
Attn: Amy Wolfanger, RLI Commercial Surety, 9025 North Lindberg Drive, Peoria, Illinois 61615,
in the amount of $13,400.00, guaranteeing maintenance, replacement, removal, relocation,
and/or reclamation of said solar energy facility as permitted and operated under ZPSF22-0002,
be, and hereby is, approved and accepted.
4876032 Pig..: 1 of 2
01/09/2023 01:22 PM R Fee:$0.00
Carly Koppos, Clark and Recorder, Wald County , CO
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2022-3327
PL2520
APPROVE DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR ZONING PERMIT
SOLAR FACILITY (ZPSF22-0002) - PIVOT SOLAR 23, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL}COUNTY, COLORADO
ATTEST: ddatio ;„k.
Weld County Clerk to the Board
County Attorney
Date of signature: 12-/2,719-
4876032 Pages: 2 of 2
01/09/2023 01:22 PM R F..:$0.00
Carly Kwos. , C1.rk and R.00rd.r, W.ld County , CO
11111
Scott K. James, Chair
2022-3327
PL2520
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Zoning Permit for Solar Energy Facility (ZPSF22-0002)
DEPARTMENT: Planning Services DATE: 11.02.22
PERSON REQUESTING: Maxwell Nader / Michael Hall
Brief description of the problem/issue:
Pivot Solar 23 LLC has submitted a Surety Bond for the Board of County Commissioner's consideration for the
decommissioning and reclamation for the Zoning Permit for Solar Energy Facility (ZPSF) conditionally
approved by Planning Staff on April 27, 2022, case # ZPSF22-0002. The attached Surety Bond will meet the
intent of Condition of Approval #3.F of the staff report. The Surety Bond meets the requirements of Section 23-
4-455.D.7 of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it meets the requirements of Section 23-4-
455.D.7 of the Weld County Code and staff has accepted the related decommissioning plan. If the surety bond
is approved by the Board of County Commissioners it will satisfy Condition of Approval #3.F of the ZPSF Staff
Report.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
2022-3327
0/30 PLZSZO
Bond No. CMS0346106
DECOMMISSIONING BOND
KNOW ALL BY THESE PRESENTS: That we, Pivot Solar 23 LLC, as Principal, and ELI
Insurance Company an Illinois corporation duly authorized under the laws of the State of Illinois
as Surety, are held and firmly bound unto The County of Weld, 1555 N 17th Avenue, Greeley, CO
80631, as Obligee in the maximum aggregate penal sum of Thirteen Thousand, Four Hundred and
00/100 Dollars (P3,400.00), lawful money of the United States of America, to be paid to the said
Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our
heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to
complete decommissioning in accordance with the County of Weld, which said agreement, dated
April 27th, 2022, is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of the decommissioning referred to in said agreement.
Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and
well and truly keep and perform the decommissioning provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in
full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions
and conditions:
1. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written
statement of the facts of such default, within thirty (30) days of the occurrence.
2. The obligation of Surety shall arise when Principal is notified to cure a default, with concurrent
notice to Surety, and does not cure the default within the timeframe required under the
decommissioning Agreement, such cure period not to exceed 30 days.
a.) If there is no Obligee Default, the Surety's obligation under this Bond shall arise after:
i) The Obligee has notified the Principal and the Surety that the Obligee is considering
declaring a Principal Default and has requested and attempted to arrange a conference with
the Principal and the Surety to be held not later than fifteen days after receipt of such notice
to discuss methods of performing the decommissioning Agreement. If the Obligee, the
Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform
Bond No. CMS0346106
the Agreement, but such an agreement shall not waive the Obligee's right, if any,
subsequently to declare a Principal Default, and
ii) The Obligee has declared a Principal Default and formally terminated the Principal's
right to complete the Decommissioning Agreement. Such Principal Default shall not be
declared earlier than Thirty days (30) after the Principal and the Surety have received
notice, and
iii) The Obligee has agreed to pay the Remaining Balance Due under the Agreement to
the Surety in accordance with the terms of the Agreement or to an entity selected to
perform the Agreement in accordance with the terms of the Agreement with the
Obligee.
3. When the Obligee has satisfied the conditions of Paragraph 2, the Surety will have the right and
opportunity, at its sole discretion to promptly take one of the following actions:
a) cure the default;
b) assume the remainder of the Decommissioning Agreement and to perform or sublet same
c) tender to the Obligee funds sufficient to cure the default, up to an amount not to exceed the
penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated
damages, or forfeitures assessed against the Principal.
4. After the Obligee has terminated the Principal's right to complete the Decommissioning
Agreement, and if the Surety elects to act under Paragraph 3a, 3b or 3c above, then the
responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under
the decommissioning Agreement, and the responsibilities of the Obligee to the Surety shall not
be greater than those of the Obligee under the Agreement
5. No assignment by the Principal shall be effective without the written consent of the surety.
6. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written
notice to the Obligee, stating therein the effective date of such termination or cancellation. Such
notice shall not limit or terminate any obligations resulting from default by the Principal that
may have accrued under this bond as a result of default by Principal prior to the effective date of
such termination.
7. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the
Obligee recoverable under this bond.
8. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
Bond No. CMS0346106
9. No right of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
10. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
11. The Surety's liability under this bond shall not extend in any manner nor will the Surety be
responsible to pay any sums due related to hazardous waste cleanup, wetlands mitigation,
remediation actions or removal or responsibility for any of these pollution risks whatsoever or
for tort liability.
12. In no event shall this bond guarantee the Principal's obligations under said agreement relating to
lease or rent payments.
13. If any conflict or inconsistency exists between the Surety's obligations as described in this bond
and as may be described in any underlying agreement, permit, document or contract to which
this bond is related, then the terms of this bond shall prevail in all respects.
14. This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the Obligee
objects to any language contained herein, within 30 days of the date this bond is signed and
sealed by the Surety, Obligee shall return this bond, certified mail or express currier, to the
Surety at its address at:
RLI Commercial Surety
Attention: Amy Wolfanger
9025 N. Lindeberg Drive, Peoria, IL 61615
Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and
conditions herein.
IN WITNESS WHEREOF, the signature of said Principal is hereto affixed and the corporate seal
and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact,
this 21st day of October, 2022.
Bond No. CMS0346106
Pivot Solar 23 LLC
BP1.k.4) CVO
RLI Insurance Company
(Acknowledgment r�of bond by Limited Liability Company)
STATE OF COLS 1 O)
COUNTY OF t rivet- )
Bond No. CMS0346106
On this 24 day of z Lobes , Z,o2Z before me personally came
Toy -y \Aunt to me known, being sworn
by me, did depose and say that (s)he resides in \I4'Co . C.tiorado
'O that (s)he is the of vat- Scar 2,3 LLC,
a Limited Liability Company described in and which
executed the foregoing instrument; that (s)he signed his/her name thereto pursuant to authority
granted by Limited Liability Company's Operating Agreent.
Sworn to and acknowledged on the above date,
(Acknowledgment of bond by Surety Company)
STATE OF NEW YORK )
COUNTY OF ALBANY )
LAUREN GELMETTI
Notary Public
State of Colorado
Notary ID # 20224016500
MY Commission Expires 04-25-2026
On this 21st day of October, 2022 before me personally came Renee A. Manny to me
known resides in Rensselaer, NY and duly sworn and says that he/she is the Attorney -in -fact of
RLI Insurance Company and knows the corporate seal and that it was affixed thereto by
authority of the Power of Attorney of said Company;. of which a certified copy is
attached; and that he/she signed said instrument as an Attorney -in -Fact of saw Company by
like authority.
Sworn to and acknowledged on the above date,
JEIFER S. VANAT
Notary P lic, State of New York
Qualifi d in Columbia County
Reg # 01VA6135808
Commission Expires Oct. 24, 20__
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Kevin J. Garrity. Renee A. Manny. Lori A. Francett, Vikki L. LaVean, Tanya Volk, John F. Murray, Jr., Jennifer Susan Vanat, Casey W.
LaChapelle. Maddalena Bucciero. Thomas R Tyrrell, iointiv or severally
in the City of Albany , State of New York its true and lawful Agent(s) and Attomey(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Factor Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal maybe printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 15th day of
September , 2022 .
State of Illinois
County of Peoria
On this 15th day of September , 2022 , before me, a Notary
Public, personally appeared Barton W, Davis , who being by me duly
sworn, acknowledged that he signed the above Power of Attorney as the
aforesaid officer of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company and acknowledged said instrument to be
the voluntary act and deed of said corporation.
By:
Catherine D. Glover
CATHERINE D. GLOVER .
OFFICIAL SEAL
Notary Public Stn. of tlNrloia
My MaComms. Explim
tch2N 4 12024
Notary Public-_
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
7,;
Barton W. Davis
CERTIFICATE
Vice President
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Cor�ppny and/or min ra tors Bondi Insurance
Companythis Li SI day of VCtODer . • .4tLI'Ia si rauce•Company
Contractors,Brinding and Insurance Company
Teifreyb
3/33174010111
-11-7 °Jrc*.
Corporate Secretary
Ao058D19
RLI®
SURETY
P.O. BOX 3967 PEORIA, IL 61612-3967
P: (800)645-2402 E: asksurety@riicorp.com
RLISURETY.COM
RLI Insurance Company
December 31, 2021
Admitted Assets Liabilities and Surplus
Investments: Liabilities:
Fixed maturities $ 1,108,736,858 Reserve for unpaid losses and loss
Equity securities 1234,539,005 adjustment expenses $ 755,538,188
Short-term investments 0 Uneamed premiums 320,186,499
Real estate 29,005,732 Accrued expenses 96,968,941
Properties held to produce income 0 Funds held 394,124
Cash on hand and on deposit 82,988,174 Advance premiums 17,233,690
Other invested assets 56,354,662 Amounts withheld 81,205,397
Receivables for securities 1,321,658 Remittances and items not allocated _ 1,187,051
Agents' balances 82,633,031 Dividends declared and unpaid 39,205
Investment income due and accrued 8,291,480 Ceded reinsurance premium payable 28,863,477
Funds held 0 Payable for securities 4,384,937
Reinsurance recoverable on paid losses 6,040,596 Statutory penalties 750,800
Federal income taxes receivable 0 Current federal 8, foreign income taxes 1,549,816
Net deferred tax asset 0 Net deferred tax liability 19,265,874
Guarantee funds receivable or on deposit 37,508 Borrowed money and accrued interest 50,036,167
Electronic data processing equipment, Drafts outstanding
net of depreciation 1,041,105 Payable to affiliate 6,995,196
Receivable from affiliates 13,974,554 Other liabilities 7,478,125
Other admitted assets 7,762,184
Total Admitted Assets $ 2,632,726,547
State of Illinois
County of Peoria
Total Liabilities $ 1,392,077,487
Surplus:
Common stock $ 10,000,375
Additional paid -in capital 242,451,084
Unassigned surplus 988,197,601
Total Surplus $ 1,240,649,060
Total Liabilities and Surplus $ 2,632,726,547
The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a
corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of
Colorado and has duly complied with all the requirements of the laws of said State applicable of
said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly
qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his
knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said
Company on the 31st day of December 2021.
Attest:
Corporate
Seal
Affixed
Sworn to before me this 9th day of March, 2022.
I.1
CATHERINE D. GLOVER .
OFFICIAL SEAL
Notary Public - Stets of 111.1,
My Commlaton Exp.
MMdt 24 701:4
Notarial
Seal
Affixed
Craig Klietherrnes
President
IXTOlga S. Happel vAusistant Secretary
Catherine D. Glover Notary Public, State of Illinois
M0058322
►' ' Pivot
Energy
Pivot Solar 23 LLC — Decommissioning Plan
April 27, 2022
Weld County requires that Pivot Solar 23 LLC ("Pivot") submit a Decommissioning plan to the Department of
Planning Services as part of the final administrative review and approval process for a Solar Generation facility.
The decommissioning costs will total approximately $13,400.
The useful life of the solar facility is expected to be at least 20 -years. At the end of the project's useful life, Pivot
will suspend operations and decommission the plant, which will include any necessary demolition, removal of
above and below ground equipment, and site reclamation efforts. Pivot's obligation under the Solar Lease
Agreement is to return the site to the landowner in substantially the same condition that the property was in prior
to the improvements being made.
This document establishes a detailed plan for decommissioning and reclamation activities once the project
reaches the end of its useful life. The proposed activities will likely need to be refined throughout the project's
life to reflect future best practices of the solar industry.
Pivot has assumed the planning process will be initiated one to two years prior to the anticipated end of
commercial operation. The final plans will be developed in consultation with Weld County and any other
applicable agencies that have jurisdiction of activities in the decommissioning process.
1. Decommissioning Project Elements and Milestones
The key tasks of project decommissioning are divided into related activities that represent milestones in the
process. Each activity is described in further detail below. The decommissioning schedule reflects the conceptual
timing of the milestones and overall process.
The individual project components to be decommissioned will either be 1) recycled or reused to the maximum
extent practicable, or 2) removed from the site and disposed of at an appropriately licensed disposal facility. The
general decommissioning approach will be the same whether a portion of, or the entire Project is
decommissioned.
The activities involved in the facility closure will depend on the expected future use of the site. Certain facility
equipment and features may be left in place at the property owner's request, such as transmission facilities, roads,
and drainage features. At the time of decommissioning, a plan will be submitted to the County proposing the
equipment that will be removed and, if applicable, equipment that will remain, based on expected future use of
the site.
Pre -closure activities include final closure and reclamation planning, which identifies measures to be taken to
restore the site to near pre -construction conditions. This includes but is not limited to the following:
Complete an analysis of the project materials and their composition to identify those specific components
that may be recycled, re -used, scrapped, or sent to disposal sites; as well as identifying specific recycling
facilities and disposal sites for materials.
Coordinate with local officials to obtain permits and develop plans for the transportation of materials and
equipment to and from the site.
Develop specifications for demolition and reclamation, which will serve as the basis for contractor bids for
decommissioning the project and establish the scope of demolition and reclamation, including developing
reclamation plans in compliance with local, state, and federal regulations.
pivotenergy.net
Mt Pivot
Energy
Pivot Solar 23 LLC — Decommissioning Plan
During the planning process Pivot will brief the County and other applicable agencies on the
decommissioning process and plans. All necessary permits and approvals required for the decommissioning will
be obtained prior to commencing operations.
The first step in the decommissioning process will be assessing existing site conditions and preparing the site for
demolition. Site decommissioning and equipment removal is expected to take up to one year. Therefore, access
roads, fencing, some electrical power, and other facilities will temporarily remain in place for use by the
decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage
areas pending final transportation and disposal and/or recycling according to the procedures listed below.
A plan will be implemented for de -energizing portions of the facility to allow safe decommissioning and formal
lock out and tag out procedures. This will ensure all electrical components are placed and maintained in a safe
condition for demolition activities prior to the start of work.
PV Module and Tracker Removal and Recycling
During decommissioning, project components that are no longer needed will be removed from the site and
recycled, reused or disposed of at an appropriately licensed disposal facility. The first operation is to disconnect
and remove modules from the tracker assemblies.
Next, the tracker and mounting structures, DC wiring materials, and combiner boxes will all be assembled and
segregated for disposal or salvage. Steel piles that support the PV racking system will be removed and either re-
used or recycled to the maximum amount possible. Below ground portions of the supports will either be removed
or cut off at least two feet below ground surface and left in place.
The demolition debris and removed equipment will be safely removed from the premises and transported to an
appropriately licensed disposal facility or recycling center. Photovoltaic modules will either be re -used, recycled
or disposed of in accordance with applicable laws at the time of decommissioning.
Roads
Onsite access roads will remain in place during the decommissioning process. The roads may remain intact after
decommissioning if the property owner deems them beneficial for the future use of the site. Roads that will not
be used after the solar project's decommissioning will be removed at the end of the process.
Fencing
Project site perimeter fencing will be removed at the end of the decommissioning project, unless it may be utilized
for future use of the site and the property owner requests the fence remain in place. This includes the removal of
all posts, fencing material, gates, etc. to return the site to pre -project condition.
Transportation and Cleanup
During the disassembly and demolition process, materials will be segregated and temporarily placed in gathering
areas for transportation. Various materials including, but not limited to, concrete, steel, aluminum, and copper
will be temporarily stockpiled at or near a designated processing location pending transport to an appropriate
offsite recycling facility. All such materials will then be transported from the site to approved designated facilities
for recycling, scrapping or disposal. All metals will be recycled to the extent practical given the recycling options
available at the time of decommissioning.
pivotenergy.net
Pivot
—�►Energy
Pivot Solar 23 LLC — Decommissioning Plan
In general, the decommissioning will be undertaken using traditional heavy construction equipment including, but
not limited to, front end loaders, cranes, track mounted and rubber -tired excavators, bull dozers, and scrapers.
Areas where excavation is required will be backfilled with natural material and compacted. Any voids left from
the removal of foundations will be backfilled with surrounding subsoil and topsoil and fine graded to ensure
suitable drainage and reclamation of natural grades.
Soil management and re -contouring operations will be conducted to minimize the surface area disturbance and
implement the activities in the safest and most efficient manner and in accordance with applicable local
requirements. Major earthwork is not anticipated as construction of the site will not alter the general grade across
the site.
To account for post -decommissioning dust control, areas of exposed soils will be revegetated, consistent with the
expected future use of the site and State or County requirements. The native dry grass vegetation will be re-
established to prevent the spread of weeds. Mulching or palliatives may be used for temporary dust control until
vegetation is established.
Monitoring Site Restoration
Upon completion of the decommissioning process, a one-year restoration monitoring period will begin.
Monitoring will ensure that grading and drainage implemented is successful in stabilizing water flow patterns and
that the cover vegetation (native dry grass vegetation or other depending on land use) will be reestablished to
prevent the spread of weeds. Corrective actions will be implemented if such monitoring determines adverse
conditions are present because of an inadequate restoration.
2. Decommissioning/ Reclamation Cost Estimates
Pivot commits to working together with the County to update the cost estimates every five years from the
establishment and submittal of the security bond. The cost estimates will include all costs associated with the
dismantling, recycling, and safe disposal of facility parts and site reclamation activates and consider the salvage
value of the facility.
Initial cost estimate (2022):
Fencing
$400
Structures
$5,500
Modules
$4,000
Electrical
$2,000
Site Restoration
$1,500
Total
$13,400
The scope includes:
• Electrical permit fees
• Removal and disposal of wildlife -friendly game fence
• Removal of racking and foundations
pivotenergy.net
►'t'em— Pivot
Energy
Pivot Solar 23 LLC — Decommissioning Plan
• Removal of modules
• Removal of electrical equipment (transformers, pads, etc.)
• Removal of electrical DC string wiring and AC underground wiring
• Site restoration and reclamation
• Waste disposal fees
• Temporary restrooms and necessary facilities for workers
• Safety and protection equipment
pivotenergy. net
ZONING PERMIT FOR SOLAR ENERGY FACILITY
ADMINISTRATIVE REVIEW
Planner: Michael Hall
Case Number: ZPSF22-0002
Pivot Energy and Pivot Solar 23, LLC c/o Kyle Sundman
Applicant: 1750 15th Street, Suite 400, Denver, CO 80202
Owner: Roberta McGregor & Dorothy Davis c/o Erick Davis (Personal Representative)
22440 County Road 35, LaSalle, CO 80645
Zoning Permit for Solar Energy Facility (2.53 acres) in the A (Agricultural) Zone
Request: District.
Legal Description: Lot B of Recorded Exemption RE -446; being part of the SW4 of Section 12, T4N,
R66W of the 6th P.M., Weld County, CO
Location: East of and adjacent to CR 35; north of and adjacent to CR 46; northwest of and
adjacent to US Highway 85
105712000081
Zoning: A (Agricultural) Zone District Parcel #s: 105712000082
105712300007
Parcel Size: ± 75 acres Latitude: 40.32100
Lease Area: ± 2.53 acres Longitude: -104.73410
The criteria for review of this Solar Energy Facility is listed in Section 23-4-470 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Weld County Department of Public Health and Environment, referral dated March 24, 2022
• Weld County Department of Planning Services -- Development Review, referral dated March 23, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of LaSalle, referral dated April 20, 2022
• PDC Energy, Inc, referral dated March 24, 2022
■ Colorado Parks and Wildlife, referral dated March 23, 2022
• Central Weld County Water District, referral dated April 7, 2022
• Public Service Company of Colorado (Xcel Energy), referral dated April 12, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• City of Evans
• Town of Gilcrest
• LaSalle Fire Protection District
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• Weld County Assessor's Office
• Weld County Zoning Compliance
• West Greely Conservation District
• Colorado Department of Transportation
• Weld County Department of Oil and Gas Energy
Case Summary:
The applicant, Pivot Energy, is proposing a solar energy facility that is less than five (5) acres in size (5
ACRE SEF). The proposed project will be comprised of 10D0-1200 solar panels mounted on single -axis
tracking racks and will connect directly to the existing Xcel Energy owned distribution lines. The panels will
be no more than ten (10) feet above grade at their highest point. The project lease area will include panels
and inverters mounted on steel posts/beams, concrete -pad mounted transformers and other electrical
equipment, an access drive with hammerhead emergency turn -around, and perimeter fencing with gates.
Property maintenance is expected to occur yearly. This ZPSF is intended to be Phase 1 of 2 at this site.
Pivot Energy intends to separately submit a USR application for a larger Phase 2 on the site following this
application.
Approved with Conditions:
1. The Weld County Department of Planning Services has determined through an administrative review
that the following Solar Energy Facility requirements of Section 23-4-470 of the Weld County Code
have been met and the request is approved with conditions.
A. The application is in compliance with the standards identified for Solar Energy Facilities Less
than Five (5) Acres (5 ACRE SEF).
The application materials were sufficient to meet all requirements listed in Section 23-4-455 of the
Weld County Code. Pertinent information includes:
Section 23-4-455.D states in part -- A Decommissioning/Reclamation Plan. A
Decommissioning/Reclamation Plan shall be provided at the time of 5 ACRE SEF application
submittal which will be signed by the party responsible for decommissioning and the landowner (if
different)"
The submitted Decommissioning Plan did not incorporate cost estimates per Section 23-4-455-D.6
of the Weld County Code therefore making it incomplete. This specific item to be included into the
Decommissioning Plan has been incorporated as a condition of approval.
Section 23-4-455.F.3 states --"Setbacks. The Improved Area of the 5 ACRE SEF shall conform to
the setback requirements of the underlying zone. Additionally, the improved area must be at least
five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision
or planned unit development. The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld County of
a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If
landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall
first be submitted to and approved by the Department of Planning Services."
One (1) residence (22166 CR 35) appears to be within five hundred (500) feet of the SEF footprint.
The applicant has proposed an opaque fence in these locations but is actively pursuing waivers.
Both options are acceptable methods to address buffering according to Section 23-4-455.F.3 of the
Weld County Code. A condition of approval has been created to ensure the applicant acquires the
waivers or submits an acceptable screening method prior to issuing building permits.
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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 nine (9) surrounding properties owners. No responses were received back
2. Prior to construction, building permits shall be obtained for the 5 ACRE SEF and must comply with all
installation standards of Chapter 29 of the Weld County Code.
3. Prior to the release of building permits, the applicant shall:
Roberta McGregor did not sign the application form or authorized agent form, nor has evidence
been provided that Erik Davis may legally sign on behalf of Roberta McGregor. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
The applicant shall submit either an updated Screening Plan showing the screening method for
residential buildings within 500 feet or waivers showing the residential buildings within 500 feet are
agreeable to the lesser setback. These shall be submitted to and accepted by the Department of
Planning Services.
C. An acceptable Final Traffic Letter shall be submitted.
\9;` A Road Maintenance Agreement for Construction activities is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul routes.
.: The approved access and tracking control shall be constructed prior to on -site construction.
F. Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioning/reclamation costs required by the Weld County
Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but
not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County,
or other securities, if it finds that such alternative forms will provide an assurance of the availability
of financial resources for decommissioning/reclamation that equals or exceeds that provided by the
form required herein. The method and object of Security shall be approved by the Weld County
Attorney. The Security shall:
1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the
letter of credit;
2. Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's,
Fitch, AM Best, or other rating agency with similar credentials;
3. Include an automatic extension provision or "evergreen clause"; and
4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5
ACRE SEF operator.
4. The following development standards must be met at all times throughout the existence of the 5 ACRE
SEF:
1. The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size.
2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
ZPSF22-0002 Page 3 of 5
4. Pivot Energy 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
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. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or offsite tracking.
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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 will be maintained on the site.
21. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
23. During construction, waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code.
24_ 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility.
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
//</
Date: April 27, 2022
Michael Hall, Planner
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