HomeMy WebLinkAbout20211662.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF COLLATERAL FOR SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0029 — SUNSHARE, 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 December 23, 2020, the Weld County Board of Commissioners approved
Site Specific Development Plan and Use by Special Review Permit, USR20-0029, for the
following applicants:
• Bryan Kugel Living Trust, Rural Route 2, Box 2, Lamont, Oklahoma 74643;
• Gary P. Kugel Trust, 2432 10th Street, Boulder, Colorado 80304;
• Kay Kugel Sachs Trust, 2640 Elmhurst Circle, Longmont, Colorado 80503;
• Troy Skogmo, 310 Hawthorne, Burlington, Washington 98233;
• Paula R. Carr Revocable Living Trust, 922 Collyer Street, Longmont, Colorado 80501,
and Cynthia L. Walters Revocable Trust, 14669 Sky Island Lane, Anacortes,
Washington 98221;
• c/o SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218,
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0029, for a
Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct
Current]) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
NE1/4 of Section 17, Township 3 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, SunShare, LLC, has presented
the Board with Surety Bond Number SU 1172319 from Arch Insurance Company, Harborside 3,
210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount of
$138,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation
of said solar energy facility located at 15250 County Road 46, Platteville, Colorado 80651, and
WHEREAS, after review, the Board deems it advisable to accept said Surety Bond
Number SU 1172319 as stated above, a copy of which is attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Surety Bond Number SU 1172319 from Arch Insurance Company,
Harborside 3, 210 Hudson Street, Suite 300, Jersey City, New Jersey 07311-1107, in the amount
of$138,000.00, guaranteeing maintenance, replacement, removal, relocation, and/or reclamation
of said SunShare, LLC, solar energy facility, be, and hereby is, accepted.
4738516 Pages: 1 of 2 cc'.PcJ(�R/cM/DD/TWWTM/TO,
07/23/2021 10:49 AM R Fes:$0.00 p,-.( R/CCU)
Carly Koppes, Clerk and Recorder, Weld County , CO o7/2q/2.I 2021-1662
111ii1 KIW=flignielil higNiMlli1 i5YAilaid 1I PL2777
ACCEPT COLLATERAL (USR20-0029) — SUNSHARE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditif44) V .C,Gto%gA
Steve Moreno, Chair
Weld County Clerk to the Board
./A
I ,�..iftr Sc ames, Pro
BY. _ Limo, / A /ill,
Deputy Clerk to the Board/ `��"s' J 2,�
i r gal L. ck
APVEDAS . • !- �► "I'll n.;
/ / f 0 fr � ,7- Freeman
VI 400
County Attorney _
Of � �� Lori _ 011.
Date of signature:
4738516 Pages: 2 of 2
07/23/2021 10:49 AM R Fee:$0.00
Caliklei ! Clerk
pe , and Recorder, Weld County , CO 2021-1662
�i d � cihilii'it,i+rikAa INICiii II III PL2777
1861 MEMORANDUM
L,Th V; TO: Board of County Commissioners RECEIVED
L_GO —
DATE: June 17, 2021 JUN 17
FROM: Chris Gathman - WELD COUNTY
COMMISSIONE2021F�,�
SUBJECT: Collateral for Decommissioning of Solar Facility (USR20-
0029)
LEGAL & LOCATION:
Located in the NE4 of Section 17, T3N, R66W of the 6th PM.
South of and adjacent to County Road 34 and west of and adjacent to
County Road 29.
Background: USR20-0029 for a Medium Scale Solar Facility (4.0 Megawatts (Alternating Current)and
4.826 Megawatts(Direct Current) in the A(Agricultural)Zone District was approved by the Board of
County Commissioners on December 23, 2020. A condition of approval for USR20-0029 required:
A Decommissioning/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.
Section 23 4-1030.B states: Adequate financial assurance to cover the decommissioning of the facility
may be required as a condition of approval of the Decommissioning Plan.
Section 23-4-1030 was amended under Ordinance#ORD2020-20 and became effective on June 4, 2020.
Section 2314-1030.4.a of amended Section 23-4-1030 requires decommissioning/reclamation cost
estimates to be updated every five (5)years from the establishment of the facility.
Decommissioning Plan &Surety Bond: The applicant has submitted a Decommissioning/Reclamation
Plan. The Department of Planning Services has determined the Decommissioning/Reclamation Plan to
be complete. The applicant has also submitted a Surety Bond in the amount of$138,000.00 under Bond
Number SU 1172319 to address decommissioning of the facility.
Staff Recommendation: Planning Staff(the Department of Planning Services Director) and the County
Attorney have reviewed the surety bond amount have determined that this is acceptable to address
decommissioning of the facility and recommends acceptance of the bond.
2021-1662
0co,a3 PLa171
AOP,' A1/2", if &- / Af
` : ND NUM E : ' S U 1172 319
1/4 , \ ALL ,, . s I; ' 4 I 1( THESE PRESENTS , that Sur Share , LLC as
Principal , and • rch Insurance Company , a corporation duly organized under the laws of
the State of Ohio , as Surety , are held and firmly bound unto Commissioucr of Weld County, as Obligee in the sum of
$ 138 , 000 . 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 suns 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 USR20 - 0029 and which is hereby specifically
referred to and made part hereof as Exhibit A_ ( 66Permit " ) , and
WHE ‘'t `° AS , Weld County requires the submission of a bond guaranteeing the
maintenance , replacement , removal , relocation , and / or reclamation of said solar energy facility
located at
15250 County Road 46 Platteville , CI 80651
and as further detailed in the revised Decommissioning Plan , attached as Exhibit
} I THEREF :IRE , 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 tond , this Bond shall be effective for the definite
period of Jk- me 10 , 2111 to June 10 , 2022
THIS t shall automatically renew for successive onemayear 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 seeps to modify the terms of, or cancel , this bond . Written
notice is effective if delivered to , or sent by certified nail , 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 3 and 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 10th day of June , 2021
This bond is effective the 10th day of June ,2021
SunShare,LLC
Br
Arch Insurance Company
By:
Jon oh1t,Attorney-in-Fact
Exhibit A
To be attached to and made a part of Arch Insurance Bond# SU 1172319
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-8029, FOR A MEDIUM SCALE SOLAR FACILITY (4.0 MEGAWATTS
[ALTERNATING CURRENT] AND 4.826 MEGAWATTS [DIRECT CURRENT]) IN THE
A (AGRICULTURAL) ZONE DISTRICT — BRYAN KUGEL LIVING TRUST, GARY P.
KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR
REVOCABLE LIVING TRUST,AND CYNTHIA L.WALTERS REVOCABLE TRUST,C/O
SUNSHARE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of:
• Bryan Kugel Living Trust, Rural Route 2, Box 2, Lamont, Oklahoma 74643,
• Gary P. Kugel Trust, 2432 10th Street, Boulder, Colorado 80304,
• Kay Kugel Sachs Trust, 2640 Elmhurst Circle, Longmont, Colorado 80503,
• Troy Skogmo, 310 Hawthorne, Burlington, Washington 98233,
• Paula R. Carr Revocable Living Trust, 922 Collyer Street, Longmont, Colorado 80501,
and Cynthia L. Wafters Revocable Trust, 14669 Sky Island Lane, Anacortes, Washington
98221,
• c/o SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218,
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0029, for a
Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct
Current]) in the A(Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
The NE1/4 of Section 17, Township 3 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by
SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, 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.
PL(miry) , Pv4 (YAK tvtc'),f.(er)
C C VI kW L p1/44PL• REP 2020-3716
1 I2.1 I202. PL2777
SPECIAL REVIEW PERMIT(USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, CIO SUNSHARE, LLC
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.A.3 states: "Limit the density and intensity of
development to maintain agricultural areas." The property is
currently in dryland agricultural production. There is no irrigation
water associated with the property. The proposed solar facility will
occupy only approximately 20% of the site. The remainder of the
site according to the application will remain in dryland agricultural
production.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers."The applicant is proposing a wildlife fence
around the entire facility and screening along the west side of the
proposed facility to screen the site from the nearest residence to
the west. Additionally, the facility will be setback approximately 125
feet from the nearest residence. The proposed facility is located
approximately 2,250 feet from the physical boundary of the next
nearest solar facility(USR15-0076—2 MW) on a separate property
to the east of County Road 29. The property slopes from east to
west. The solar facility is proposed to be located at the northwest
end of the property and will not be visible from these existing solar
facilities. Other adjacent uses are cropland to the south and an oil
and gas processing facility (AMUSR-1038) to the north.
3) Section 22-2-30.0 states: "Encourage development that preserves
land for agriculture, rangeland, wetlands and critical habitats."The
facility will occupy only approximately 20%of the site.The boundary
of the USR will be established by Subdivision Exemption,
SUBX20-0013. The reminder of the site will presently remain in
dryland agricultural production.
4) Section 22-2-60.B B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses."The
proposed facility will occupy only approximately 20% of the existing
agricultural parcel. The applicant is proposing fencing and
landscaping to buffer the facility from the nearest Single-Family
residence. The proposed use is in an area that can support this
development and the existing screening, Conditions of Approval
and Development Standards will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
2020-3716
PL2777
SPECIAL REVIEW PERMIT(USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
PAGE 3
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."
2) Section 23-3-40.R of the Weld County Code states the proposed
solar facility is considered energy development and Medium Scale
Solar Facilities are allowed as a Use by Special Review in the
A (Agricultural) Zone District. Medium Scale Solar Facilities are
defined as solar facilities that are located on 20 acres or more and
generate no more than a maximum of 30 Megawatts of electricity.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The Medium Scale Solar Facility
is proposed to be located approximately 125 feet east of a Single-Family
residence, to the south of an existing oil and gas support facility
(AMUSR-1038 — oil and gas processing), an existing solar facility
(USR15-0076 — 2 Megawatt Small Scale Solar Facility) is located
approximately 2,250 feet to the east, and Agricultural land (cropland) is
located to the south. The Weld County Department of Planning Services
sent notice to eight (8) surrounding property owners within 500 feet of the
parent parcel. Planning staff has not received any correspondence or
phone calls from surrounding property owners regarding this case. The
applicant has submitted a Landscape and Screening Plan with this
application. The Conditions of Approval require that the applicant
specifically addresses maintenance of the landscaping in their proposed
Landscape and Screening Plan. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
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 the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral areas of
2020-3716
PL2777
SPECIAL REVIEW PERMIT(USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
PAGE 4
the Towns of Gilcrest, Milliken, and Platteville. The site is also located
within the Cooperative Planning Agreement (CPA) boundaries of the
Towns of Milliken and Platteville. Prior to submittal of this application, both
the Towns of Milliken and Platteville returned a response stating they were
not interested in pursuing annexation. No referral responses have been
received from Gilcrest, Milliken, or Platteville regarding this case.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 Area
or the Airport 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 proposed facility is located on approximately 32 acres of land
delineated as "Prime if Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed facility will
occupy only 32 acres of the 160-acre property. There is no irrigation water
associated with this parcel. The application indicates the remainder of the
property will remain in dryland 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Bryan Kugel Living Trust, Gary P. Kugel Trust, Kay Kugel
Sachs Trust, Troy Skogmo, Paula R. Carr Revocable Living Trust, and Cynthia L. Walters
Revocable Trust, do SunShare, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR20-0029, for a Medium Scale Solar Facility (4.0 Megawatts [Alternating
Current] and 4.826 Megawatts [Direct Current]) in the A (Agricultural) Zone District, on the parcel
of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement for Construction is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
B. A Landscape and Screening Plan shall be submitted, per
Section 23-4-1030.0 of the Weld County Code. The applicant shall submit
2020-3716
PL2777
SPECIAL REVIEW PERMIT (USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
PAGE 5
a detailed maintenance plan for the proposed landscaping and screening
onsie.
C. A Decommissioning/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.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0029.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 34 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) County Road 29 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location prior to construction.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
2020-3716
PL2777
SPECIAL REVIEW PERMIT(USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SAD-IS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L.WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
PAGE 6
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show and label the drainage flow arrows.
9) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
10) The applicant shall delineate on the map the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
11) The map shall delineate the landscaping and screening, in
accordance with the approved Landscape and Screening Plan.
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. Prior to Construction:
A. If more than one(1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access shall be constructed.
5. The Use by Special Review Permit 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.
2020-3716
PL2777
SPECIAL REVIEW PERMIT(USR20-0029)—BRYAN KUGEL LIVING TRUST, GARY P. KUGEL
TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING
TRUST, AND CYNTHIA L WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
'�,�,,// WELD COUNTY, COLORADO
ATTEST: daftly%) �, adia (4. �; �-3�.•
Mike Freeman, Chair
Weld County Clerk to the Board
• Steve reno, P - em
BY: a
Deputy Clerk to the Boardei�
Sc? . James
.14\"Re ED Ate.% tR
� I I •--., >L1:arbara Kirk eyer
ounty Attorney VIP.r _I
,� (0, ���11aa` Kevin D. Ross
Date of signature: • I . 44k,44,4 N •
2020-3716
PL2777
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST,
TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST,AND CYNTHIA L.
WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC
USR20-0029
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0029, is
for a Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826
Megawatts [Direct Current]) 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. This is an unmanned facility.
4. The site shall be maintained in accordance with the Property Maintenance Plan.
5. No outdoor storage of any materials or equipment will be allowed including, but not limited
to, solar panels and support structures not in operation.
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 proposed landscaping and screening on the site shall be maintained in accordance
with the approved Landscape and Screening Plan. Required landscaping and screening
shall be installed within one (1) calendar year of issuance of a Building Permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall
be replaced with materials of similar quantity and quality at the earliest possible time.
8. The property owner shall maintain compliance with the Decommission Plan.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles during construction on public roads.
On-site parking shall be utilized.
12. 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.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
2020-3716
PL2777
DEVELOPMENT STANDARDS (USR20-0029) — BRYAN KUGEL LIVING TRUST,
GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR
REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST,
C/O SUNSHARE, LLC
PAGE 2
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on-site drainage related features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
18. Waste materials shall be handled, stored, and disposed of 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.
19. 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.
20. 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.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Lighting shall be maintained in accordance with the approved Lighting Plan.
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
24. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
2020-3716
PL2777
DEVELOPMENT STANDARDS (USR20-0029) — BRYAN KUGEL LIVING TRUST,
GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR
REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST,
C/O SUNSHARE, LLC
PAGE 3
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
27. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
28. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
29. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
30. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may no*the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because(a)the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
2020-3716
PL2777
DEVELOPMENT STANDARDS (USR20-0029) — BRYAN KUGEL LIVING TRUST,
GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR
REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST,
C/O SUNSHARE, LLC
PAGE 4
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code shall be placed on the map and recognized at all times.
2020-3716
PL2777
Exhibit B
o be attached to and made a part of Arch Insurance Bond#SU 1172319
E LIGHT
Excellence in Electrical
May 20, 2021
Robert Hayner rhayner(c mysunshare.com
SunShare Office: 800-793-0786
1724 Gilpin Street Mob: 720-371-9024
Denver, CO 80218
Re: Vasquez Decommissioning Cost Estimate
Dear Robert,
We are pleased to submit for your consideration, our Proposal to perform
decommissioning services for the above referenced project. Our price is based on and
in accordance with the drawings and information provided by SunShare. Please
reference our attached Clarifications, Inclusions, and Exclusions for additional
information. We appreciate the opportunity to work with you on this project.
If you have any questions or need any additional information, please do not hesitate to
contact me.
E Light Electric Services, Inc.
David Wright
VP Preconstruction
dwrightPelightelectric.co n
Direct: 303-952-1120
Mobile: 303-819-5423
3E1 InverneY;Drive South Suite B =ngiewood CO 80112 • 303.754,0001 • Fox 303 754.0011 • www.elightelectric corn
E LIGHT
Excellence in Electrical
Attachment
Vasquez V Decommissioning
Fencing $3,000.00
Structures $60,000.00
Modules $30,000.00
Electrical $20,000.00
Site Restoration $25,000.00
Total $138,000.00
Clarifications, Inclusions and Exclusions
The Clarifications of this Budget Proposal are as follows:
1. Proposal based on project drawings provided.
2. This proposal includes the specified appropriate project management and
mobilization to adhere to the project schedule.
3. Breakouts provided for accounting purposes only.
4. All work to be done in a single phase.
5. This proposal includes recycling of steel, aluminum, modules and copper.
6. Includes restoration of site back to like conditions before solar array was
installed.
This Proposal 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.
9. Waste disposa fees and containers.
10.Temporary Restrooms and site facilities for workers.
This Proposal specifically excludes:
1. Payment and Ferformance 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.
361 Inverness Drive South,Suite B,Englewood,CO 80112 •303.754.0001 • Fax 303.754.0011 • www.elightelectric.com
AIC 0000334658
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 Hohtt 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 9th day of
March,2021.
Attested and Certified� 44 Arch Insurance Company
4....„ )
!r 1 s CJ+ JCpitrOAAT
E "1 F �,r ��f1
Regan .Shulman,Secretary Stephen C.Ruschak,Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS IRMA
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. COMACINV[ALTNORnvvssr6YAiiA
NOTAll1At SEAL ALL(2717:44
MOUE 111,001, PublicOyer PoOksphil.t podi,Notar} Public
Womodwkri 60.1.1*U.AV My commission expires 07/31/2021
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 today of SUAh{p
. ,
20'Lk .
A .91, ----
ReSettiA.Shulman.Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: f, ;--,-- �0
Arch Insurance—Surety Division , '
3 Parkway,Suite 1500 '� KnRru +Tr
Philadelphia,PA 19102EAi
*dTt �,
wHH n1f ,/
To verify the authenticity of this Power of Attorney,please contact Arch Insurance Company at SuretyAuthentic arc 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.
Cheryl Hoffman
From: Esther Gesick
Sent: Thursday,June 17, 2021 4:19 PM
To: Chris Gathman
Cc: Cheryl Hoffman;Tom Parko Jr.; Bruce Barker; Chloe Rempel; Esther Gesick;Jan Warwick;
Jessica Reid
Subject: FW: Surety Bond for Collateral for USR20-0029 (Solar Facility)
Attachments: Memo to BOCC regarding surety bond for USR20-0029 Decommissioning Plan.doc;
USR20-0029 Decommissioning Surety Bond 06.10.2021.pdf
Follow Up Flag: Follcw up
Flag Status: Flagged
Hi Chris,
By copy on this message, I am pulling Cheryl into the string because she processes all County collateral. She will work
with you if she needs anything further and then confirm whether that date works.
Thanks,
Esther E. Gesick
Clerk to the Board
1150 0 Street/P.O. Box 758/Greeley, CO 80632
tel: (970)400-4226
t r! , ti
; .rr.4114
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:Chris Gathman<cgathman@weldgov.com>
Sent:Thursday,June 17, 2021 4:12 PM
To:Chloe Rempel<crempel@weldgov.com>
Cc: Esther Gesick<egesick@weldgov.com>;Jan Warwick<jwarwick@weldgov.com>;Jessica Reid<jreid@weldgov.com>
Subject:Surety Bond for Collateral for USR20-0029(Solar Facility)
Dear Chloe,
Attached is a 9 AM agenda item.Attached is a surety bond for USR20-0029.This is the first of its kind.The collateral
amount has been reviewed and OK'd by Tom Parko and Bruce Barker.The applicant is hopeful that this can get on the
agenda for the Wednesday,June 23ra
I will be dropping off the original as well_
Regards,
1
Chris Gathman
Planner Ill
Weld County Department of Planning Services
cgathman@weldgov.com
970-400-3537
2
Hello