HomeMy WebLinkAbout20212780.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF COLLATERAL FOR SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0007 - CHARLES AND
DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
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 June 30, 2021, the Weld County Board of Commissioners approved the
application of Charles and Debra Bird, 617 6th Street, Greeley, Colorado 80631, c/o Namaste
Solar Electric, Inc., 888 Federal Boulevard, Denver, Colorado 80204, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0007, for a Medium Scale Solar
Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
E1/2 W1/2 SE1/4 of Section 34, Township 6 North, Range 65 West
of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, Namaste Solar Electric, Inc., has
presented the Board with a request to accept a Surety Bond that adheres to the form attached
hereto as Exhibit A, in the amount of $103,500.00, guaranteeing maintenance, replacement,
removal, relocation, and/or reclamation of said solar energy facility located at 21649 County
Road 62, Greeley, Colorado 80631, and
WHEREAS, after review, the Board deems it advisable to approve the form of and accept
a Surety Bond that adheres to the form attached hereto as Exhibit A, with said Surety Bond to be
fully executed and submitted to the County on or before October 1, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the form of the Surety Bond, as attached hereto as Exhibit A, be,
and hereby is, approved and accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners that Namaste Solar
Electric, Inc., be, and hereby is, directed to submit a fully executed Surety Bond that adheres to
said form, in the amount of $103,500.00, guaranteeing maintenance, replacement, removal,
relocation, and/or reclamation of said solar energy facility as permitted and operated under
USR21-0007.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the
Department of Planning Services shall not record the map for USR21-0007 until said Surety Bond
has been submitted to, and accepted by, the County.
4764235 Pages: 1 of 2
10/08/2021 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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11/09/21
2021-2780
PL2798
ACCEPT COLLATERAL (USR21-0007) - CHARLES AND DEBRA BIRD, C/O NAMASTE
SOLAR ELECTRIC, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dietetA)�, .JIC�l�D•�
Weld County Clerk to the Board
BY:7117w
Deputy Clerk to the Boar
APP
ounty Attorney
Date of signature: 1OM/2.i
4764235 Pages: 2 of 2
10/08/2021 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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Steve Moreno, Chair
EXCUSED
S • K. : mes, Pro -T
Perry L. B
011:4(nke Freeman
EXCUSED
Lori Saine
2021-2780
PL2798
GI CAC Specialty'
Date: September 20, 2021
RE: Financial Assurance for Decommissioning
To Whom It May Concern,
We represent Unico Solar (Unico) as surety broker for their surety bond and financial
assurance coverage associated with their operations.
With respect to their potential development in Weld County, Colorado, we confirm that
financial assurance in the form of a surety bond is available in the commercial surety markets to
guarantee the future decommissioning of the solar farm and will be procured on behalf of
Unico at the best commercially available terms.
If Unico procures the necessary permit and Weld County requests that they provide the
necessary financial assurance, we will be prepared to execute a bond an amount
commensurate with the decommissioning cost estimate as attached herein, fulfilling the
requirement for the necessary financial assurance. This issuance subject to our acceptable
review of the permit's terms and conditions, bond forms, and any other underwriting
considerations at the time of request.
We remain at your disposal for any additional information around the above subject matter.
We additionally stand ready to execute as and when needed.
Sincerely,
John H.hlt
Senior Vice President — Surety
832.925.4972 (direct)
832.236.4900 (mobile)
john.hohlt@cacspecialty.com
2121 Sage Road, Ste 145 I Houston, TX 77056
2021-2780
l c\/2 1
SURETY BOND
BOND NUMBER SU
KNOW ALL MEN BY THESE PRESENTS, that UXI County Road 8319 LLC , as
Principal, and Arch Insurance Company , a corporation duly organized under the laws of
the State of Missouri, as Surety, are held and firmly bound untcammtt.,=..,, , as Obligee in the sum of
$ 103,500.00 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 USR21-007 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 E1/2 W1/2 SE1/4 of Section 34, Township 6 North, Range 65 West of 6 P.M., Weld County
Colorado.
and as further detailed in the revised Decommissioning Plan, attached as Exhibit B.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid 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 _October 7, 2021 to October 7, 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:
UXI County Road 8319, LLC
1426 Pearl Street, Suite 100
Boulder, CO 80302
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 7th day of October
This bond is effective the 7th day of October , 2021
UXI County Road 8319, LLC
, 2021
By: /
Arch Insurance Company
By: kA
Jack Meikle, Attorney -in -Fact
Exhibit A to be attached to bond SU 1172322
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0007, FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
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 30th day of
June, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Charles and Debra Bird, 617 6th Street, Greeley, Colorado 80631, c/o Namaste
Solar Electric, Inc., 888 Federal Boulevard Denver, Colorado 80204, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0007, for a Medium Scale Solar
Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly describedas follows:
E1/2 W1/2 SE1/4 of Section 34, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Sundman, Namaste
Solar Electric, Inc., 888 Federal Boulevard, Denver, Colorado 80204, 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 on 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
(Comprehensive Plan] shall be consistent and promote financially
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2021-1622
PL2798
SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, C/O NAMASTE
SOLAR ELECTRIC, INC.
PAGE 2
responsible growth. "This solar facility will provide construction jobs
and energy to Weld County. These functions directly support
economic prosperity. This solar 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 22-2-60.6.3 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 facility will occupy less than 50 percent (%) of the existing
parcel and was sited in a portion of the property that is furthest from
the Greeley -Weld County Airport. The applicant is proposing
fencing to separate the facility from the nearest single-family
residence and the facility is located approximately 1,300 feet or
more from a County Road.
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 solar 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.R — Uses by special review, of the Weld County
Code includes, "Medium Scale Solar Facility'. This Code section
allows the applicant to apply for the subject solar facility. Per
Section 23-1-90 of the Weld County Code, a "Medium Scale Solar
Facility" allows for: "A facility for the production of electrical energy
from energy produced by the sun including solar energy collectors,
power generation facilities, facilities for storing and transforming
energy, other appurtenant facilities and any transmission lines
under one hundred fifteen kilovolts (115 kV), which is developed for
the purpose of supplying or distributing electrical energy to users, a
customer or customers and is located on twenty (20) acres or more.
2021-1622
PL2798
SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, CIO NAMASTE
SOLAR ELECTRIC, INC.
PAGE 3
This designation shall not include roof and/or ground mounted solar
systems located on permitted principal and accessory buildings and
designed to supply power to the principle use(s) on site." This
facility is located on a 40 -acre parcel and qualifies as a Medium
Scale Solar Facility.
C. Section 23-2-230.B.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 City of Greeley has annexed the land
directly to the south of the subject parcel and is occupied by the
Greeley -Weld County Airport. The surrounding land uses consist of
irrigated farmland, limited rural residences and airport runways. The closest
residence is located on the Bird property and is approximately 200 feet
southwest of the facility. The next closest residence is approximately
1,500 feet southeast of the facility. There are several USRs within one (1)
mile of the site, mostly located to the west including: USR-717 and
USR-623 (oil and gas production facilities), 2MJUSR19-08-1660,
USR13-0026, and USR16-0016 (mineral resource development facilities),
USR-1386 (bed and breakfast), and SUP -343 (farm equipment sales and
repair). Weld County Department of Planning Services staff sent notice to
61 surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The majority of those who were notified have a minor ownership interest in
the Greeley -Weld County Airport, likely hanger space. Due to the rural
surrounding land uses and significant distance from the facility to other
improved land uses, this facility appears to be compatible with the area.
D. Section 23-2-230.B.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 located within the Town of Kersey Coordinated Planning Agreement
(CPA) boundary. As part of the pre -application process, the Town returned
a Notice of Inquiry form dated February 11, 2021, and they expressed no
concerns and did not wish to annex the parcel. The site is located within
the three (3) mile municipal referral radius of the City of Greeley and Town
of Kersey. The Greeley referral from the Community Development
Department, dated April 29, 2021, provided advisory comments.
Specifically, that this property is located within Greeley's Long Range
Expected Growth Area where urban development and annexation may
occur and that the Future Land Use Guidance Map identifies the subject
site as an Employment, Industrial, and Commercial Area. As such, the
proposed solar facility is in line with the planning designations of this area.
Kersey did not return a referral response.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
2021-1622
PL2798
SPECIAL REVIEW PERMIT (USR21-0O07) - CHARLES AND DEBRA BIRD, CIO NAMASTE
SOLAR ELECTRIC, INC.
PAGE 4
special flood hazard area identified by maps officially adopted by the
county. The proposed facility is located within a Special Flood Hazard Area
and the Greeley -Weld County Airport Overlay District. The Weld County
Department of Planning Services - Floodplain Administrator, referral dated
April 13, 2021, provided information regarding construction in the floodplain
along Sand Creek and items to be included as Development Standards.
Flood Hazard Development Permit No. FHDP21-0008, has been obtained
for this facility. The Greeley -Weld County Airport Authority, referral dated
April 13, 2021, requested that the applicant submit a FAA Form 7460-1
(Notice of Proposed Construction) to determine if the solar facility will have
any effects on airspace and communications. Additionally, a glare analysis
was requested. If it can be demonstrated that no detrimental effects will
occur or can be properly mitigated, the Airport Authority would be in support
of the solar facility. The applicant indicated on April 13, 2021, that both
requested items would be produced. The proposed facility is not located
within a Municipal Separate Storm Sewer System (MS4) area, Geologic
Hazard Overlay District or Historic Townsite Overlay District. 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.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility is located on approximately 20 acres designated as "Prime
Farmland if Irrigated" with well -drained clay loam soils underlaid by gravelly
sand and is comprised of primarily 0-1% slopes. The proposed use is
temporary, and soils will not be unduly removed from the property. After
the lease period, the land can be returned to agricultural production. The
portion of the parent parcel that is not encumbered by the USR will continue
to be used for agricultural production.
G. Section 23-2-230.B.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
that 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 with 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 Charles and Debra Bird, c/o Namaste Solar Electric,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR21-0007, for
a Medium Scale Solar Facility 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:
2021-1622
PL2798
SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, CIO NAMASTE
SOLAR ELECTRIC, INC.
PAGE 5
1. Prior to recording the map:
A. The applicant shall address the referral comments of the Greeley -Weld
County Airport Authority regarding the completion of the requested
documentation and the adequate review of potential impacts to airspace,
communications and glare, as stated in the referral response dated
April 13, 2021. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall acknowledge the advisory referral comments of the City
of Greeley - Fire Department regarding the access road and gating design,
as stated in the referral response dated April 23, 2021. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The applicant shall acknowledge the advisory referral comments of the
Colorado Division of Water Resources regarding stormwater management,
as stated in the referral response dated May 4, 2021. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. A Decommissioning and Reclamation Plan shall be submitted, per
Section 23-4-1030.B, which shall require the applicant 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. Said surety bond shall name
the Board of County Commissioners of Weld County as beneficiary and be
current and active at all times during the life of the permit.
E. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0007.
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 map shall delineate the landscaping and screening on the site,
in accordance with Section 23-4-1030.C of the Weld County Code.
5) The map shall delineate the 30 -foot setback from the boundary of
adjacent properties, irrigation ditches, and rights -of -way in which no
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SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, C/O NAMASTE
SOLAR ELECTRIC, INC.
PAGE 6
equipment shall be located, in accordance with
Section 23-4-1030.G of the Weld County Code.
6) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, work trailers, conex 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.
7) The applicant shall show and label the location of any fencing and
gates. Include specification details on the USR map. Refer to
Section 23-2-240.A.10 of the Weld County Code.
8) The applicant shall show and label the location of any emergency
and site identification signage, if applicable. Include sign
specification details on the USR map. Refer to
Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code. Signs
shall adhere to the Weld County Code unless otherwise permitted
by this USR.
9) 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.
10) 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.
11) The applicant shall show and label any Access and Utility
easements, including temporary construction easements across
adjacent parcels of land which are encumbered by access roads or
utility corridors. Twenty (20) feet shall be the minimum easement
width; 30 feet is preferred for easement corridors that have multiple
uses. The reception numbers and recording dates shall be included.
12) 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.E
of the Weld County Code.
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SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, C/O NAMASTE
SOLAR ELECTRIC, INC.
PAGE 7
13) 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.
14) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
15) This portion of County Road 62 is under the jurisdiction of the City
of Greeley. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access
permit number, if applicable.
16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
17) The applicant shall show and label the drainage flow arrows.
18) 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.
2021-1622
PL2798
SPECIAL REVIEW PERMIT (USR21-0007) - CHARLES AND DEBRA BIRD, C/O NAMASTE
SOLAR ELECTRIC, INC.
PAGE 8
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. Any construction in the floodplain not included on FHDP21-0008 requires
a floodplain permit.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the City of Greeley
Fire Department. The plan shall be reviewed on an annual basis by the
Facility operator, the Fire Department, and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld
County Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d/,dt)
Weld County Clerk to the Board
EXCUSED
Steve Moreno, Chair
ounty Attorney
Date of signature: o 640-1
2021-1622
PL2798
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND DEBRA BIRD,
C/O NAMASTE SOLAR ELECTRIC, INC.
USR21-0007
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0007, is
for a Medium Scale Solar Facility 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 24 hours per day, year round, according to the
application materials.
4. The site shall be maintained in accordance with the accepted Property Maintenance Plan
and accepted Decommissioning and Reclamation Plan.
5. No outdoor storage of any materials or equipment, including, but not limited to, solar
panels and support structures not in operation will be allowed.
6. No equipment associated with the solar facility shall be located within 30 feet of the
boundary of adjacent properties, irrigation ditches and/or rights -of -way.
7. The existing and proposed fencing shall be maintained.
8. All sians shall adhere to Sprtinn 73-7-74n A 17 C:hantar 73 Artirla IV Ilivisinn 7 anti
Exhibit B to be attached to bond SU 1172322
CO namaste
Go SOLAR
OPERATIONS & MAINTENANCE
Solar PV Facility Decommissioning Cost Estimate
September 3rd, 2021
Prepared by:
Matthew Herman
Director of O&M Services
Namaste Solar Electric, Inc.
Matt.herman(&,namastesolar. com
In Collaboration with:
The Amicus O&M Cooperative
namastesolar.com - amicusom.com
namaste
go SOLAR
OPERATIONS & MAINTENANCE
Solar Photovoltaic Facility Decommissioning Estimate
This document is meant to serve as a decommissioning cost estimate for a ground mounted 3MW-AC solar
photovoltaic (PV) facility.
DECOMMISSIONING SCOPE OF WORK
1. The solar PV facility shall be disconnected from the utility power grid.
2. Solar PV modules shall be disconnected, collected, and disposed at an approved solar module recycler
or reused ; resold on the market.
3. All aboveground and underground electrical interconnection and distribution cables shall be removed
and disposed off -site at an approved facility.
4. PV module support and racking system support posts shall be removed and disposed off -site at an
approved facility.
5. Electrical and electronic devices, including transformers and inverters shall be removed and disposed
off -site by at approved facility.
6. Concrete foundations shall be removed and disposed off -site at an approved facility.
7. Fencing shall be removed and will be disposed off -site by at approved facility.
8. The project site will be restored to a state reasonably similar to its pre -construction condition.
DECOMMISSIONING ESTIMATE
The table below indicates the decommissioning estimate for a 3MW-AC solar PV facility.
PV Modules $22,500
Racking and Structural Members $27,000
Electrical Conductors and Equipment $15,000
Concrete Foundations, Fencing and Misc. Structures $21,000
General Site Restoration $18,000
TOTAL $103,500
NOTES AND QUALIFICATIONS
1. The scope of work and estimate above are based on current best practices, design documentation,
equipment pricing conditions, permitting requirements, and experience.
2. The scope of work will be performed in accordance with any applicable laws and regulations.
3. The estimate includes permitting and design fees required to execute the scope of work.
4. The estimate and breakout have been provided for indicative purposes only.
5. All proceeds from the salvage, resale, and recycling of materials and equipment will be retained by the
decommissioning contractor.
namastesolar.com - amicusom.com
AIC 0000334677
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:
Bruce S. Denson Jr., Jack Meikle 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 behalf as surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.00).
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 seal of the Company
thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for
acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on December 10, 2020:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business
Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the
Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020,
and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9"' day of
March, 2021.
Attested and Certified
Regan`t{. Shulman, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
Arch Insurance Company
Stephen C. Ruschak, Executive Vice President
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of
Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
CERTIFICATION
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 9, 2021 on behalf of the
person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 1) t lay of Oc, cl2Cn/,
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Re A. Shulrtan,S+crea�- Re Shulman, Secretary
This Power of Attorney limits the acts of those named thereinto 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. rti
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
To verify the authenticity of this Power of Attorney, please contact Arch Insurance CompanyatSuretyAuthentic@cra cra insurance.com
Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached.
AICPOA040120 Printed in U.S.A.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kyle Sundman <kyle.sundman@namastesolar.com>
Tuesday, September 21, 2021 3:52 PM
Tom Parko Jr.; Michael Hall; Bob Choate; Esther Gesick
Eliot Abel; Dalton Grein; Adam Knoff
Re: Namaste Solar Decomm Bond
Longs Peak Surety Bond Letter (1).pdf
+ Esther Gesick.
Esther, I meant to include you on the below this morning, apologies. More color on our request is below to the extent
you are interested, but the short of it is just that we are we are hoping to get on the BoCC agenda for 9/27 with this
"Bond Guarantee" letter for our Longs Peak Solar project, USR21-0007 and understand you are the person who can help
us with that.
Please reach out with any questions and/or to confirm we are on and at what time we should plan to be at the hearing.
Thanks again.
Kyle Sundman
Co -Owner // Associate Director of Project Development
Namaste Solar
Transforming Energy / Transforming Business T"
303.447.0300 x440
kyle.sundman@namastesolar.com
namastesolar.com
888 Federal Blvd
Denver, CO 80204
From: Kyle Sundman <kyle.sundman@namastesolar.com>
Date: Tuesday, September 21, 2021 at 8:33 AM
To: Tom Parko Jr. <tparko@weldgov.com>, Michael Hall <mhall@weldgov.com>, Bob Choate
<bchoate@weldgov.com>
Cc: Eliot Abel <eliot.abel@namastesolar.com>, Dalton Grein <daltong@unicosolar.com>, Adam Knoff
<adamk@unicosolar.com>
Subject: Namaste Solar Decomm Bond
Tom, Michael and Bob —
Due to timing constraints with our financing, we unfortunately don't see a path to working collaboratively with the
County to find a different, creative solution that works for all parties relating to the decommissioning bond. For that
reason, it appears we're faced with the disappoint reality of spending $75,000 in premium over the life of the system
carrying a bond that we almost certainly will not use.
1
Our surety is in the process of underwriting Unico ($5Bn of Assets Under Management) as a formality for this, but it has
not been complete yet. In the interim, they provided us a letter of confidence and a bond template, supported by our
USR Resolution and Decommissioning Quote estimate which we'd hope you would be willing to circulate to get on the
Board's agenda for Monday, 9/27. We are working hard to get the actual bond complete by 9/27, but in the case that
the underwriting is incomplete, our hope would be that the Board would approve the amount (same as was approved
for SunShare, $34,500/MWac) and the bond template, without formally accepting the actual bond until underwriting is
complete. That way our financiers could have comfort knowing that the bond will be approved and its just a matter of
clerically getting back in front of the Board the following week or whenever we are ready. We of course are not asking
you to record the USR map until the bond is done and accepted, but again, we're up against a wall with timing here so
hopefully you're willing to work with us.
Thanks and please reach out with questions. I assume you will talk with Esther about scheduling but please do confirm
with me when we are on the agenda and at what time I should be at the hearing.
Thanks,
Kyle
Kyle Sundman
Co -Owner // Associate Director of Project Development
Namaste Solar
Transforming Energy / Transforming Business ,M
303.447.0300 x440
kyle.sundman@namastesolar.com
namastesolar.com
888 Federal Blvd
Denver, CO 80204
From: Dalton Grein <daltong@unicosolar.com>
Date: Tuesday, September 21, 2021 at 7:52 AM
To: Kyle Sundman <kyle.sundman@namastesolar.com>
Subject: Final Letter
Kyle, see attached for the full letter with exhibits.
H. Dalton Grein
Sr. Manager, Investments
Unico Solar Investors
1426 Pearl Street, Suite 100 I Boulder, CO 80302
O 720.738.7206 I F 855.591.4362 I C 336.870.5843
Twitter @unicosolar I Instagram @unicosolar I Linkedln @unicosolar
www.unicosolar.com
www.unicoprop.com
2
Hello