HomeMy WebLinkAbout20220317.tiffRESOLUTION
RE: APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL
FOR ZONING PERMIT FOR SOLAR ENERGY FACILITY, ZPSF21-0002, LESS THAN
FIVE (5) ACRES (5 ACRE SEF) - SUNSHARE, LLC, C/O JAKE BOBROW
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 16, 2021, the Department of Planning Services conditionally
approved the application of SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a
Zoning Permit for Solar Energy Facility, ZPSF21-0002, less than five (5) acres (5 ACRE SEF), on
the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 22, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the owner of the property is Lofland Farm, LLC c/o Kevin Lofland, 8801 West
41st Avenue West, Wheatridge, Colorado 80033, and
WHEREAS, pursuant to Condition of Approval #3.C of ZPSF21-0002, SunShare, LLC,
has presented the Board with a Decommissioning/Reclamation Plan for 5 ACRE SEF, Stewart
Solar, and requests the Board to accept Surety Bond #SU1172324, insured through Arch
Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey
07311-1107, in the amount of $13,800.00, guaranteeing maintenance, replacement, removal,
relocation, and/or reclamation of said solar energy facility, and
WHEREAS, staff recommends approval of the Decommissioning/Reclamation Plan and
acceptance of Surety Bond #SU1172324, since they comply with Section 23-4-455.D.7 of the
Weld County Code and will satisfy Condition of Approval #3.C of the ZPSF21-0002.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Decommissioning/Reclamation Plan, be, and hereby is,
approved and accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners that Surety Bond
#SU1172324, insured through Arch Insurance Company, Harborside 3, 210 Hudson Street,
Suite 300, Jersey City, New Jersey 07311-1107, in the amount of $13,800.00, guaranteeing
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility
as permitted and operated under ZPSF21-0002, be, and hereby is, approved and accepted.
4799517 Pages: 1 of 2 CC.PL(TP/DiI5TI4R/RS')
02/03/2022 01:33 PM R Fee:$0.00
$0.00 07.1(0127..
Carly Koppes, Clerk and Recorder, Weld County , CO 2022-0317
ill NFAVINWA 11 1 Kh%vlmol14 Owl Wi 1A 1111 I PL2520
APPROVE DECOMMISSIONING/RECLAMATION PLAN AND ACCEPT COLLATERAL FOR
ZONING PERMIT SOLAR FACILITY (ZPSF21-0002) - SUNSHARE, LLC, C/O JAKE BOBROW
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2022.
ATTEST:
Weld County Clerk to the Board
BY:
puty Clerk to the Boa
ounty Attorney
Date of signature: of/2WI .2
4799517 Pages: 2 of 2
02/03/2022 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
mill 1 rj1''Ii II II
BOARD OF COUNTY COMMISSIONERS
WEL COU Y, COLORADO
Sc t K. James, Chair
Mi ree n, Pro-Te
Perry L. B
oreno
USED
Lori Saine
2022-0317
PL2520
Cheryl Hoffman
From: Maxwell Nader
Sent: Thursday, January 13, 2022 9:21 AM
To: Cheryl Hoffman; CTB
Cc: Angela Snyder; Tom Parko Jr.
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Cheryl,
ZPSF21-0002 — Property Owner: Lofland Farm Limited Liability Company. Address: 8801 W 41ST Avenue W, Wheatridge,
CO 80033
ZPSF21-0003 — Property Owner: Paul A. Sater. Address: 28496 CR 44, Kersey, CO 80644
Neither facility will have an address until building permits are issued and both are considered small scale!
Best,
Maxwell Nader
Planner II
1555 N 17`h Ave
Greeley, CO 80631
mnaderCaweldeov.com
Phone: (970)-400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Thursday, January 13, 2022 8:06 AM
To: Maxwell Nader <mnader@weldgov.com>; CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Good morning, Max,
Do you have an address for the solar facilities? Also, I will need addresses for the owners.
Are these both considered Small Scale solar facilities?
Please let me know.
1
Thanks!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Wednesday, January 12, 2022 2:44 PM
To: CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
CTB,
The following Surety Bonds associated with ZPSF21-0002 and ZPSF21-0003 were approved on pass -around on January
12, 2022. Can we get these two items on the next BOCC 9 am hearing. Attached you will see the approved pass around,
word version of pass -around, Surety Bonds, Decommissioning Plans and ZPSF Staff Reports. Please let me know if there
is anything else needed!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
Cheryl Hoffman
From: Maxwell Nader
Sent: Thursday, January 13, 2022 9:21 AM
To: Cheryl Hoffman; CTB
Cc: Angela Snyder; Tom Parko Jr.
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Great thanks Cheryl!
Best,
Maxwell Nader
Planner II
1555 N 17`h Ave
Greeley, CO 80631
mnaderna weldgov.com
Phone: (970)-400-3527
Y
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Wednesday, January 12, 2022 3:26 PM
To: Maxwell Nader <mnader@weldgov.com>; CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: RE: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
Good afternoon, Max, Angela and Tom.
Thank you for all the attachments. We have printed them off and tomorrow I'll talk with Esther about the possibility of
getting our research done and Resolutions drafted for these two items for the hearing on Wednesday, 01/19/22.
I will also need the originals of these Surety Bonds. We keep them in our safe on all decommissioning of solar cases as
Collateral.
Thanks so much!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Wednesday, January 12, 2022 2:44 PM
To: CTB <CTB@co.weld.co.us>
Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Subject: ZPSF21-0002 & ZPSF21-0003 Surety Bond - 9 am BOCC Hearing
CTB,
The following Surety Bonds associated with ZPSF21-0002 and ZPSF21-0003 were approved on pass -around on January
12, 2022. Can we get these two items on the next BOCC 9 am hearing. Attached you will see the approved pass around,
word version of pass -around, Surety Bonds, Decommissioning Plans and ZPSF Staff Reports. Please let me know if there
is anything else needed!
Best,
Maxwell Nader
Planner II
1555 N 17`h Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Surety Bond for a Zoning Permit for Solar Energy Facility (ZPSF21-0002)
DEPARTMENT: Planning Services
PERSON REQUESTING: Tom Parko / Angela Snyder
Brief description of the problem/issue:
DATE: 01.12.22
Sunshare, LLC has submitted a surety bond for the County Commissioner's consideration for the
decommissioning and reclamation for the Zoning Permit for Solar Energy Facility (ZPSF) conditionally
approved by Planning Staff on November 18, 2021, case # ZPSF21-0002. The attached Surety Bond will
satisfy Condition of Approval #3.C of the staff report. The surety bond has been reviewed by the County
Attorney's Office and was found to comply with Section 23-4-455.D.7 of the Weld County Code.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Do not approve the Surety Bond.
2. Approve the Surety Bond.
Recommendation:
Staff recommends that the Board approve the Surety Bond because it complies with Section 23-4-455.D.7 of
the Weld County Code and will satisfy Condition of Approval #3.C of the ZPSF Staff Repot.
Api,rove Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno I
Lori Saine
41)≥ ; 1
BOND NUMBER SU 1172324
KNOW ALL MEN BY THESE PRESENTS, that SunShare, LLC , as
Principal, and Arch Insurance Company , a corporation duly organized under the laws of
the State of Ohio, as Surety, are held and firmly bound unto as Obligee in the sum of
$13,800.00 lawful money of the United States, for payment of which, well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents, the liability of the Surety being
limited to the penal sum of this bond regardless of the number of years the bond is in effect.
WHEREAS, the Principal has submitted a decommissioning plan to Obligee requiring the eventual
removal and reclamation of a solar energy facility comprised of solar energy collection cells/
panels and related facilities necessary to harness sunlight for energy generation and distribution and
associated support structure, braces, racking, wiring and related interconnection equipment which
plan is a condition of approval of land use permit ZPSF21-0002 and which is hereby specifically
referred to and made part hereof as Exhibit A ("Permit"), and
WHEREAS, Weld County requires the submission of a bond guaranteeing the
maintenance, replacement, removal, relocation, and/or reclamation of said solar energy facility
located at
A Dart of the SE4 of Section
T5N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to County Rd 54, west of and adjacent to Ct
and as further detailed in the revised Decommissioning Plan, attached alExhibit B.
Rd 15
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid Permit and indemnify the Obligee against all loss
caused by Principal's breach of any ordinance, permit obligation, or agreement relating to
maintenance, replacement, removal, relocation, and/or reclamation of the facility, then this
obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth
below.
Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite
period of 11/23/2021 to 11/23/2022
THIS BOND shall automatically renew for successive one-year terms unless, at least ninety (90)
days prior to the next annual renewal date (which shall be December 31 of each calendar year), the
Surety delivers written notice to Principal and to Obligee, or Principal delivers written notice to
Surety and Obligee, that the notice -sender seeks to modify the terms of, or cancel, this bond. Written
notice is effective if delivered to, or sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least ninety (90) days prior to the next annual renewal date addressed to the Principal
or Surety, as the case may be, and to the Obligee requiring bond, as outlined in the notice section
of this Bond, and is actually received by the Principal or Surety, as the case may be, and the
Obligee at least thirty (30) days prior to the renewal date. The Surety's decision to cancel,
along with the failure or inability of the Principal to file a replacement bond or other security in the
event the Surety exercises its right to cancel this Bond, shall be cause for Obligee to recover under
this Bond or any extension thereof.
NOTICE:
Principal:
SunShare, LLC
1724 Gilpin Street
Denver, CO 80218
Surety:
Arch Insurance Company
Harborside 3, 210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107
Obligee:
The Board of County
Commissioners of Weld County
1555 N 17th Avenue
Greeley, CO 80631
THIS BOND is signed, sealed, dated on the 23rd day of November , 2021
This bond is effective the 23rd day of November , 2021
J
Arch Insurance Company
a
AIC 0000334662
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated
Not valid for Note, Loan, Letter of Credit Currency Rate, Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City,
New Jersey (hereinafter referred to as the "Company`} does hereby appoint
Brace S Denson Jr., Jack Meilde and John Hohlt of Frisco, TX (EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behal (as surety, and as its act and deed.
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (590.000.000 00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth
herein
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as
fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City, New Jersey
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020. true
and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect.
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their
appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to
authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the sea[ of the Company
thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for
acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on December 10, 2020.
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business
Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the
Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020,
and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9"' day of
March, 2021./
Attested and Certified
_ v� Arch Insurance Company
Regan Shulman, Secretary Stephen C Ruschak, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
1, Michele Tripodi, a Notary Public, do hereby certify that Regan A Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of
Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary is for the uses and
purposes therein set forth.
aouuoetntraLsworpm vtvMlA
ac_ , _ ~•/
* fit ttIa. t t30ei Mic a podi, Nota biic
lRi My commission expires 0713112021
CERTIFICATION
I. Regan A. Shulman, Secretary of the Arch Insurance Company. do hereby certify that the attached Power of Attorney dated March 9, 2021 on behalf of the
person(s) as listed above isa true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate, and I do further certify that the said Stephen C Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thisday of r
20-
Re A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the extent herein stated. CUSEAt
Ay`
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:Y}
Arch Insurance m Surety Division
3 Parkway, Suite 1500 9
Philadelphia, PA 19102
To verify the authenticity of this Power of Attorney, please contactArch Insurance Company at SuretyAuthenticKins
Please refer to the above named Attorney-ItrFact and the details of the bond to which the power Is attached.
AICPOA040120 Printed in U.S.A.
Exhibit A
To be attached to and made apart of bond SU 1172324.
1861 .F•
ZONING PERMIT FOR SOLAR ENERGY FACILITY
ADMINISTRATIVE REVIEW
UN! cix
Planner:
Angela Snyder
Case Number:
ZPSF21-0002
Applicant:
SunShare LLC c/o Jake Bobrow
Owner:
Lofland Farm LLC c/a Kevin Lofland
Request:
Zoning Permit for Solar Energy Facility (± 3.83 acres)
Legal Description:
A part of the SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, CO
Location:
North of and adjacent to County Rd 54, west of and adjacent to County Rd 15
Zoning:
A (Agricultural) Zone District Parcel #: 0961-22-0-00-025
Parcel Size:
± 111 acres Latitude: 40.37775 N
Lease Area:
± 3.83 acres Longitude: -104.64517 W
Case Summary
The applicant, SunShare LLC, is proposing a solar energy facility that is less than five (5) acres in size (5
ACRE SEF). The site is located adjacent to and shares an access easement with a PDC Energy LLC oil
and gas production facility, Walton 8-25, 17-25, & 17-25, with three well pads (WOGLAI7-0018, WOGLAI9-
0054, and 1041 WOGLA-AMD20-0033) that was permitted under Access Permit #AP13-00042. The 480
kW -AC (597.6 kW -DC) facility will employ single access trackers which will be no more than ten (10) feet
tall at full tilt. The contract with Public Service Company of Colorado is for twenty (20) years initially, with
the option to extend. The useful life of the equipment is expected to be between thirty-five (35) and forty
(40) years. The facility will be surrounded by an eight -foot (8 ft) game fence, except on the east side of the
property, where a six-foot (6 ft) privacy fence will screen the facility from adjacent residences. Property
maintenance is expected to occur quarterly. In addition to the County's notice and referral effort, the
applicant reached out to surrounding property owners and other interested parties, such as easement
holders including the Union Ditch Company and PDC Energy LLC. Only one objection was received from
a surrounding property owner and none from any referral agencies.
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.
Page 1 of 4
The City of Greeley indicated no concern with the project in the August 23, 2021 referral response.
The City of Evans returned a referral response in opposition to the location of the solar facility for
noncompliance with the Comprehensive Plan. The site is planned for Urban Residential uses
according to the 20210 Future Land Use Map according to the August 13, 2021 response. The
response also indicated a desire for a Road Maintenance Agreement for use of City of Evans roads.
The applicant responded on September 20, 2021 by redesigning the haul route for construction
traffic to avoid municipal roads.
There is a residence within five hundred (500) feet on the east side of the proposed facility. The
applicant has proposed an opaque fence on the east side of the site, which is an acceptable buffer
according to Section 23-4-455.F.3 of the Weld County Code.
B. The Department of Planning Services has sent notice and has not received signed notification from
at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property in opposition to the location of the 5 ACRE SEF within twenty-eight (28) days.
Notice was sent to the owners of eighteen (18) surrounding properties and received two (2)
responses. One (1) response indicated no concern with the request and indicated appreciation for
the notice. One (1) response indicated objection to the project and stated the reason as support
for oil and gas. One (1) letter of objection was received from a member of the public expressing
support of the oil and gas industry, frustration with the upkeep of the subject site, and opposition to
the financial gain that would occur as a result of the permit.
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:
A. Submit a grading permit application and obtain a grading permit.
B. Apply for and obtain an approved Access Permit for the preliminarily approved access location
(AP13-00042), pursuant to the provisions of Article XIV of Chapter 8 of the Weld County Code.
C. Submit an irrevocable standby letter of credit, bond, or alternate form of Security in an amount
sufficient to fund the estimated decommissioningheclamation 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.
ZPSF21-0002 Page 2 of 4
2) No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) SunShare, LLC 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.
Page 3 of 4
15) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way.
16) Access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or offsite tracking.
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 historical flow patterns and runoff amounts will be maintained on the site.
19) 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.
20) 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.
21) 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 I of the Weld County Code.
22) Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
23) 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.
24) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
Date: November 16, 2021
Angela Snyder, Planner II
ZPSF21-0002 Page 4 of 4
Exhibit B
To be attached to and made apart of bond SU 1172324.
Decommissioning/Reclamation
Plan
For a ZPSF Permit
Stewart Solar
In Compliance with:
(Section 23-4-1030 B of the Weld County Code)
Case Number: ZPSF Permit
Lofland Farm Limited Liability Company (Parcel ID No. 096122000025)
Prepared for:
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Prepared by:
SunShare, LLC
Denver, Colorado
`lSunShare
C• OVOffI SOLAR
Date Prepared: July, 2021
1.0 Overview
As a condition of approval for the Site -Specific Development Plan and Use by Special Review
Permit, Weld County required that SunShare prepare a Decommissioning/Reclamation Plan for
the solar facility, that is to be reviewed and approved by the Weld County Department of
Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a
comprehensive plan for removal of the solar facility after its useful life and/or the termination of
power generation operations; and to return the subject property to conditions that existed prior
to the solar facility's construction.
The solar power generation facility has an estimated useful life of 30 years or more, with an
opportunity for a life of 50 years or more with equipment replacement and repowering. At the
end of the useful life of the facility, SunShare will cease power generation, decommission the
facility, and remove the components of the facility from the subject property. The site will be
reclaimed and returned to the agricultural use that existed priorto the facility being constructed.
This Decommissioning/Reclamation Plan is subject to refinement should future best practices or
alternate methods be developed by the solar industry, during the life of this facility. SunShare
will follow solar industry standards and best management practices (BMPs) that exist at the time
of decommissioning and reclamation of the site.
i.i Procedures for Decommissioning the Solar Facility
After Useful Life & Termination of Power Generation
The solar facility consists of numerous recyclable materials, including glass, semiconductor
material, steel, aluminum, copper, and plastics. When the facility reaches the end of its
operational life, the component parts can be dismantled, and for the most part, salvaged or
recycled at properly licensed facilities.
Some site features, such as internal roads, driveways, drainage features/improvements, and
electrical interconnections may remain on the site, depending upon the anticipated future use
of the property. All such improvements, that are scheduled to remain after the
decommissioning of the site, will be approved by the Weld County Department of Planning
Services.
Page 2 of 6
The following steps will be followed in the decommissioning of the solar facility:
Approximately one year prior to the planned decommissioning of the facility, SunShare
will schedule a pre -closure meeting with the Weld County Department of Planning
Services to discuss the process for the site decommissioning and restoration. The final
decommissioning details will be developed through consultation with the Weld County
Department of Planning Services and other departments and agencies that have
jurisdiction over activities in the decommissioning process. Any required permits will be
obtained prior to implementation of the Decommissioning/Reclamation Plan.
■ Appropriate temporary (construction -related) erosion and sedimentation control BMPs
will be applied during the decommissioning phase of the project. The BMPs will be
inspected on a regular basis to ensure proper functionality.
Effectively, the decommissioning of the solar facility proceeds in reverse order of the
installation:
1. A site -specific health and safety plan shall be developed, prior to beginning
decommissioning activities, which incorporates the specific sequence and
procedures to be followed.
2. Coordination with local departments and agencies to develop route plans and
obtain necessary permits for the transportation of materials and equipment to
and from the site.
3. The solar facility shall be disconnected from the utility grid. This process will be
coordinated with Xcel Energy.
4. PV modules shall be disconnected, collected and transported to a properly
licensed recycling facility.
5. Above ground and underground electrical interconnection and distribution
cabling shall be removed and salvaged or recycled off -site at an approved
recycling facility.
6. The aluminum racking that supports the PV modules shall be removed and
salvaged or recycled off -site at an approved recycling facility.
Page 3 of 6
7. PV module support steel and support posts shall be removed and salvaged or
recycled off -site at an approved recycling facility.
8. Electrical and electronic devices, including transformers, semiconductors
materials, inverters, and batteries, shall be removed and salvaged or recycled
off -site at an approved recycling facility.
9. Concrete foundations shall be removed and will be recycled off -site at an
approved concrete recycling facility.
io. Fencing shall be removed and will be recycled off -site at an approved recycling
facility.
11. The site will be restored to its original condition, including any necessary
sculpting of soils to match existing natural contours and the re -seeding of
native grasses. Any soil that had been re -located for construction purposes will
be redistributed on the site or used for landscaping purposes. Soils will be
compacted for those areas where foundations or piers have been removed.
1.2 Equipment to be Used for the Decommissioning of
the Solar Facility
The decommissioning of the solar facility will be undertaken using traditional heavy
construction equipment, including front-end loaders, bull dozers, cranes, excavators (track -
mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to
transport materials to off -site salvage or recycle centers.
1.3 Dust Mitigation During the Decommissioning Phase
Water tankers will be used to help control dust while the decommissioning activities are
occurring on the site. During the decommissioning of the facility, SunShare will exercise BMPs
to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control
efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is
adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods
of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking
devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles
Page 4 of 6
operating on the site during the decommissioning phase will limit their speed to 25 mph or less,
to minimize dust emissions.
1.4 Deco mmissioning/Reclamation Cost Estimates
Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from
the establishment and submittal of the Security, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation
activities, including the following elements:
Decommissioning:
Fencing
Structures
Modules
Electrical
$300.00
s6,000.00
$3,000.00
$2,000.00
Site Restoration $2,500.00
Total $23,800.00
Clarifications — Inclusions and Exclusions
i. Based on project drawings provided.
2. Includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work is to be done in a single phase.
5. Includes recycling of steel, aluminum, modules and copper.
6. Includes restoration of the site back to like conditions before the solar array
was installed.
Scope specifically includes:
1. Electrical permit fees included.
2. Removal and disposal of game fence.
3. Removal of racking support structure and foundations.
4. Module removal, package and recycle.
5. Removal of electrical distribution equipment,
transformers and electrical equipment pads.
6. Removal of electrical DC string wiring and AC underground.
7. Site restoration.
8. Safety and protection as required.
Page 5 of 6
9. Waste disposal fees and containers.
10. Temporary Restrooms and site facilities for workers.
Specifically excludes:
1. Payment and Performance Bond.
2. All utility specific tie in work to disconnect the site outside of
property.
3. Engineering, fees, errors, omissions additional
design intent not clearly delivered or identified
on the referenced drawings.
4. Import or export of soils.
1.5 Financial Assurance to Cover the Decommissioning
of the Solar Facility
In the Board of County Commissioners' Resolution dated_Iiu /t7, 202'O, the Board
requires SunShare, LLC to provide financial assurance to the County in the form of a surety bond,
in an amount established by the Director of the Department of Planning Services, to ensure
proper decommissioning of the facility. The surety bond is to name the Board of County
Commissioners of Weld County as beneficiary and be current and active at all time during the
life of the permit. The required surety bond will be provided as part of this
Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for
decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (go) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation.
Prepared by:
Richard L. Miller, AICP
Development Manager
Page 6 of 6
Site Plan
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