HomeMy WebLinkAbout20033399 STATE OF COLORADO
UNIFORM COMMERCIAL CODE—SECURITY AGREEMENT
Tire Mountain, Inc. , Jarrald A. Jamison and
Debtor
Name: a Colorado corporation Faye L. Jamison _
(Enact Legal Name Required)
Address: 15721 WCR 10 Fort Lupton CO 80621
Residence: State
Na Street City
12311 WCR 41 Hudson CO 80642
Business: State
No. Street Cup
Colorado Department of Public Health and Environment,
Secured Party: Hazardous Materials and Waste Management Division,
Name: a Regulatory Agency of the State of Colorado
4300 Cherry Creek Drive South Denver CO 80246-1530
Address: No. Street City State
Debtor, for consideration,hereby grants to Secured Party a security interest in the following property and any and all addi-
tions, accessions and substitutions thereto or therefor(hereinafter called the"COLLATERAL"):
Merrill Lynch Account 416-10122 (Merrill Lynch Collateral Account
Control Agreement)
•
To secure payment of'theiltdebteduess evidenced-by- te1TatiTpfb55Scsi5ry note GreTti dale faVitli.
TnyabterttiCSec'6Fettafi ,-or ade7,asTolrows- for closure and post-closure in connection
with Debtor's obligation demonstrated by financial responsibility under
Section 1.8.9 of the regulations pertaining'to solid- waste disposal sites
and facilities (6 CCR 1007-2) , as amended. The preliminary financial
assurances worksheet is attached as Exhibit "A".
DEBTOR EXPRESSLY WARRANTS AND COVENANTS:
I. That except for the security interest granted hereby Debtor is, or to the extent that this agreement states that the
Collateral is to be acquired after the date hereof,will be,the owner of the Collateral free from any adverse lien.security inter-
est or encumbrances; and that Debtor will defend the Collateral against all claims and demands of all persons at anytime
claiming the same or any interest therein.
2. The Collateral is used or bought primarily for:
O Personal,family or household purposes;
❑ Use in farming operations;
3 Use in business.
3. That Debtor's residence,state of organization or chief executive office is as stated herein. and the Collateral will
be kept at Merrill Lynch in accordance with a Collateral Account Control Agreement
attached hereto as Exhibit "B" .
No.and Street City County •
State
4—.1.f-any.of-the.Collateral-is-oilygas;eerninerefste,be-retncted-or-timberrvbe-cvrorgtmdrtcltirtra ear 5rZTo become
-fiemres--saltt-Cottateral-Conrerns TFe Tolrow5ng aescn6errear estate situate in the County
-ot an33T3[e oltoTorado,to wit:
CM1.-x2-k1- 10- qt a/1 w�-¢— Iafa003
No.LTC 1205. Rev.8-01.8- UNIFORM COb11IERCIAL CODE—SECURITY AGREENIENT r U p
Bradford Publishing,1743 Wazee St..Denver,CO 80202-(303)29'_2500—www.bradtordpublishing.com—1-03 c oc33 — 19
Roct5"
5. Promptly to notify Secured Party of any change in the location of the Collateral.
6. To pay all taxes and assessments of every nature which may be levied or assessed against the Collateral.
7. Not to permit or allow any adverse lien,security interest or encumbrance whatsoever upon the Collateral and not
to permit the same to be attached or replevined.
8. That the Collateral is in good condition, and that Debtor will, at Debtor's own expense. keep the same in good
condition and from time to time, forthwith,replace and repair all such parts of the Collateral as may be broken. worn out, or
damaged without allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the
Secured Party may examine and inspect the Collateral at any time,wherever located.
9. That Debtor will not use the Collateral in violation of any applicable statutes,regulations or ordinances.
10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire(including so-called
extended coverage),theft and such other casualties as the Secured Party may reasonably require.including collision in the case
of any motor vehicle,all in such amounts,under such forms of policies,upon such terms,for such periods,and written by such
companies or underwriters as the Secured Party may approve, losses in all cases to be payable to the Secured Party and the
Debtor as their interest may appear.All policies of insurance shall provide for at least ten days'prior written notice of cancel-
lation to the Secured Party;and the Debtor shall furnish the Secured Party with certificates of such insurance or other evidence
satisfactory to the Secured Party as to compliance with the provisions of this paragraph.The Secured Party may act as attor-
ney for the Debtor in making,adjusting and settling claims under or cancelling such insurance and endorsing the Debtor's name
on any drafts drawn by insurers of the Collateral.
UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon default
Secured Party shall have the immediate right to the possession of the Collateral.
DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or con-
ditions:
(a) default in the payment or performance of any obligation,covenant or liability contained or referred to herein or
in any note evidencing the same;
(b) the making or furnishing of any warranty,representation or statement to Secured Party by or on behalf of Debtor
which proves to have been false in any material respect when made or furnished;
(c) loss, theft, damage, destruction, sale or encumbrance to or of any of the Collateral, or the making of any levy
seizure or attachment thereof or thereon;
(d) death,dissolution,termination of existence,insolvency,business failure,appointment of a receiver of any part of
the property of, assignment for the benefit of creditors by,or the commencement of any proceeding under any bankruptcy or
insolvency laws of,by or against Debtor or any guarantor or surety for Debtor.
UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, Secured Party may declare all
Obligations secured hereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the
Colorado Uniform Commercial Code. Secured Party may require Debtor to assemble the Collateral and deliver or make it
available to Secured Party at a place to be designated by Secured Party which is reasonably convenient to both parties.
Expenses of retaking, holding, preparing for sale, selling or the like shall include Secured Party's reasonable attorney's fees
and legal expenses (including the allocated fees and expenses of in-house counsel) and such portion of the Secured Party's
overhead as it may in its reasonable judgment deem allocable to and includable in such expenses.
No waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a
future occasion. The taking of this Security Agreement shall not waive or impair any other security Secured Party may have
or hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such additional security waive or
impair this Security Agreement;but Secured Party may resort to any security it may have in the order it may deem proper.and
notwithstanding any collateral security.Secured Party shall retain its rights of set-off against Debtor.
All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns: and all promises and
duties of Debtor shall bind Debtor's heirs,executors or administrators or Debtor's successors or assigns. If there be more than
one Debtor, their liabilities hereunder shall be joint and several.
Dated: October , 2003
Debtor:
Tin Mountain, Inc.
By: ,�„` ��� �, Colorado
Ste;
afr • • . n115O `�•resi, en Debtor's stale of organisation.or if not a registered orcmivmion.chief executive officer
•
a a a, •v Debtor's State Identification No.
Fay- .Ja i-r
No.OCC 1205. (Page 21
TIRE MOUNTAIN, INC.
Cost Calculation For Dirt Cover At Closure
Prepared Aug. 15, 2003 by LaVern C. Nelson, P.E.
I. The area of tire surface to be covered at final closure, assuming all planned and
existing tire storage pits are filled to four feet above adjacent ground utilizing a
1:1 slope for tires above the adjacent ground, is as follows:
Cell Design Cell Filled Surface Area Number Surface
Dimension Dimension Filled (sq.ft.) of Cells Area (sq.ft.)
102' x 250' 105' x 253' 26,565 55 1,461,075
102' x 305' 105' x 308' 32,340 18 582,120
102' x 285' 105' x 288' 30,240 1 30,240
102' x 220' 105' x 223' 23,415 1 23,415
50' x 305' 53' x 308' 16,324 • ] 16 324
76 2,113,174
2. The volume of earth to be moved to cover tire surface with 2 feet of dirt assuming
a shrinkage factor of 25% is:
2,113,174 sq.ft. x 2 ft. x 1.25/27cu.ft. per cu.yd. = 195,664 cu.yd.
3. The cover dirt availability for final cover using dirt from the 50-foot wide fire
lanes is:
The total length of fire lanes upon completion of all cell filling is 38,627 feet.
Required end area of fire lane excavation is:
195,664 cu.yd. x 27/38,627 = 136.77 sq.ft.
At a 4-foot depth of fire lane excavation, the average width of excavation is:
136.77 sq.ft./4 ft. = 34.19 feet.
34.19 ft. =top width+ (top width—16 ft*)/2; then w*= 34.19 x 2 +16/2=42.19 ft.
*Using 2:1 slope in excavation and w representing top width
EXHIBIT "A" -
Thus the dirt available in the built-up fire lanes is totally adequate for final cover.
4. The original design height of fire lanes is seven (7)feet. The top four(4) feet of
that 7-foot embankment would be used to provide the desired cover over the
stored tires. Based upon the 4-foot depth of cut and the calculated 136.71 sq.ft.
end area, the top width (w)of the fire lane excavation, as shown above, is 42.19
feet and the bottom width is 42.19 ft.- 16 ft. = 26.19 ft. when cut to the prescribed
2:1 side slopes. A 3.9-foot horizontal ledge remains at each side of the excavated
fire lane which will be the support or base for the tire cover dirt that is to be
placed on the sloped tire pile.
5. The foregoing analysis shows at completion of all tire cells (at an estimated 10
years hence),that among the other detailed calculations, the total earthwork
yardage needed to cover all cells with 2 feet of dirt is 195,664 cu. yds. and that
there are a total of 76 tire cells planned for that time. Thus the average dirt
volume required to cover each tire cell is 195,664 cu.yd./76 cells or 2,574.5 cu.yd.
per cell.
6. The cost to move the soil from the adjacent fire lanes onto the stored tires is
based upon the estimated cost of a bulldozer at year 2003. That cost is $1.70 per
cu. yd. according to the letter quote given to the Colorado Department of Health
and Environment by Mountain Constructors dated July 7, 2003. A copy of that
letter is attached hereto. Therefore,the estimated average cost for dirt moving to
cover each cell is 2,574.5 cu.yd. x $1.70 = $4,376.65, say$4,377. There are
presently 42 cells filled and 4 in the working stage for a total of 46 cells that would
be covered now should closure occur at this time. The total cost for dirt cover and
closure of 46 cells at year 2003 is estimated as follows:
Dirt Cover 46 cells x $4,377= $201,342
Supervision 3,500
Miscellaneous 3 000
Total Cost $207,842
7. The cost for tire cell cover and supervision and miscellaneous in future years
can be adjusted for inflation by using the implicit price deflator or its successor
published by the U. S. Department of Commerce, or other mutually agreeable
inflation factor. The adjusted cost for dirt cover can be applied to the number of
actual cells to be covered. The total cost in future years an be determined by
adding the adjusted cost of supervision and miscellaneous to the calculated dirt
cover cost as is appropriate for each succeeding year.
I,
•
July 7, 2003
Mr. Glenn F. Mallory
Solid Waste Unit, Compliance Program
Hazardous Materials and Waste Management Division
Colorado Department of Health and Environment
4300 Cherry Creek Dr. S.
Denver, CO 80246-1530
RE: Amended USR-842 (Tire Mountain)
Financial Assurances for fire fighting and final closure.
This letter is to confirm our availability to perform emergency work, such as fire fighting and
dirt replacement as a result of its use for temporary cover to smother fire and to cover filled
tire pits are to be filled to grade with soil at that same time. A Caterpillar D7 and a
Caterpillar 623 Scraper is available for emergency dirt movement. The Caterpillar D7 is
available for final cover that is anticipated in 2023, which is 20 years hence. In an
emergency such as a fire, the dozer will be used to push dirt over the tires from the adjacent
fire lanes while the scraper will be used to replace the used fire lane dirt from the available
dirt replacement locations as shown on the plans. For final cover in 2023, the dozer will be
used to push dirt from the existing fire lanes onto the top of the tires.
It is estimated that the dozer has a production rate of about 76 cubic yards per hour. At its
current rate of $130.00 per hour, the cost of material moved is $1.70 per cubic yard. It is
estimated that the scraper has a production rate of about 90 cubic yards per hour. At its
current rate of $150.00 per hour, the cost of material moved is $1.50 per cubic yard. The
above rates are expected to rise as time passes due to inflationary,influences. Based upon
an estimated inflation rate of 2% per year, the rate 20 years hence would be $158.47 per
hour for the dozer and $193.17 per hour for the scraper. Based on that predicted cost for
the dozer, the cost for moving cover dirt onto the tires in 2023 would be $2.09 per cubic
yard. Costs for intervening years would be increased in accordance with the inflation rate for
that time. Each here-in equipment hourly cost includes a qualified equipment operator.
P.O. BOX 405 • PLATTEVILLE,COLORADO 80651-0405 • (970)785-6161
Page 2
Glenn Mallory
Since the work anticipated by this letter may be as much as 20 years hence, no confirmation
of actual equipment costs can be given for a time so far in advance. However, it is our best
estimate of conditions and costs that can now be given. If you have any questions or require
further information, please feel free to call.
Sincerely,
9Oe frit'''15
Joe Kuntz
President
RCL_Th
Corporate Sec
(seal)
• 1
C 1/ 7
• 7- 3-02: 5:43PM: '
Collateral Account Control Agreement
Instructions: Complete Boxes A,B, C and Client and Creditor acknowledge that the following
Names and Addresses and Sign Below assets are not covered by this Agreement even if
shown, for information purposes, on a periodic
1.The Parties account statement for the Account, because Merrill
The Parties to this agreement ("Agreement") are the Lynch is not the legal custodian of such assets:
Client named below, the Creditor named below and money market deposit account (MMDA) balances,
Merrill Lynch, Pierce, Fenner & Smith Incorporated shares of ML Ready Assets Trust, USA Government
("Merrill Lynch"). and USA Treasury money market funds and of the
Merrill Lynch Institutional Funds, non-listed limited
2.The Pledged Account partnership interests, annuities and life insurance
Box A contracts, and precious metals. Merrill Lynch will not
Client has granted Creditor a security Interest in be responsible for assuring that any of these assets
Merrill Lynch account 416-10122 are not acquired with assets from the Account.
("Account") pursuant to a separate Security 4 Client's Authority over the Account
Agreement between Client and Creditor.
Until Creditor delivers to Merrill Lynch a Notice of
IfExclusive Control pursuant to section 6, Client will
Client the hereby instructs tl be a new tLo account,transfer te have full authority to give instructions with respect to
I MeMettre Lynch Account.o Acc the assets in the Account in regard to voting end other
assets ll listed t Exhibit a a cash he The account unt rights, but will not have the authority to give any
shall be maintained e a securities t] Pledged oa and entitlement orders with respect to, or terminate the
will u titled o "mama rofe Client] Collateral Account, without written consent by Creditor. Client's
Account for[Name of Creditor]." authority with respect to trading in the Account and
Threceipt of income from the Account will be governed
Creditor's e 's security o this Agreement stIn th cs uto perfect ygranting
the by the completion of boxes B and C, which authority
interest In the Account by granting
Creditor may revoke at any time by written notice
Creditor control over the Account; however, this delivered to Merrill Lynch.
Agreement does not create Creditor's security interest
in the Account inasmuch as Client and Creditor have
a separate Security Agreement for that purpose. Box B
Is Client permitted to trade In the Account?
Client has not granted a security Interest In the Yes
Oft
Account to any party other than Creditor, except for If yes, except as otherwise provided in section 6,
Merrill Lynch's broker lien referenced in section 7 and Merrill Lynch may comply with any trading Instructions
any lien for service fees to an Investment Manager or from Client or the Investment Manager or Agent
Agent named in Box B in section 4. Merrill Lynch has named below without further consent by Creditor.
not entered into a Control Agreement with respect to
the Account with any other party and agrees that it will Print name of Investment Manager or Agent
not do so while this Agreement Is In effect. The designated by separate power of attorney or
manager signing this Agreement on behalf of Merrill equivalent document on file with Merrill Lynch
Lynch hereby represents, to the best of his or her
knowledge,that no person other than Client,Creditor, Box C
Merrill Lynch and any Investment Manager or Agent Is Client permitted to withdraw income?
named in Box B in section 4 have any claim, lien or No
interest in the Account or the assets in the Account. If yes, Client is authorized to receive all interest and
regular cash dividends earned on assets In the
All assets in the Account will be treated as financial Account monthly:
•
assets under Article 8 of the New York Uniform by check
Commercial Code. or 416-37881
by transfer to account no.
3. Excluded Assets
,
' 7- 3-O2: 5:43PM;
If an Investment Manager or Agent is named In Box of Exclusive Control or any instructions received from
B,Creditor agrees that the assets in the Account are any person Merrill Lynch reasonably believes
subject to Client's agreement with such manager or represents Creditor. Merrill Lynch has no duty to
agent and that periodic payment of normal advisory investigate whether Creditor is authorized under the
and service tees from assets in the Account pursuant Security Agreement to give such Notice of Exclusive
to such an agreement is permitted without consent of Control or such instructions.
Creditor.
Client hereby agrees to indemnify and hold harmless
5.Control by Creditor Merrill Lynch, its officers, directors, employees and
Merrill Lynch agrees to comply with any instructions it agents,and any Investment Manager or Agent named
receives from Creditor at any time to transfer, sell, In Box B in section 4, against claims, liabilities and
redeem,close open trades or otherwise liquidate any expenses arising out of maintenance of the Account
assets in the Account (including instructions to pursuant to this Agreement (including reasonable
transfer assets directly to, or Into an account in the attorneys' fees), except if such claims, liabilities or
name of, Creditor), without further consent by Client. expenses are caused solely by Merrill Lynch's or such
All instructions to transfer assets from the Account manager's or agent's gross negligence or willful
must be in writing. If Creditor is an entity, Merrill misconduct,respectively.
Lynch is authorized to take instructions from any
person Merrill Lynch reasonably believes represents Creditor hereby agrees to indemnify and hold
Creditor. harmless Merrill Lynch, its officers, directors,
employees and agents, and any Investment Manager
6.Notice of Exclusive Control or Agent named in Box B in section 4,against claims,
Creditor may at any time deliver to Merrill Lynch a liabilities and expenses (Including reasonable
"Notice of Exclusive Control"substantially in the form attorneys' fees) arising out of Merrill Lynch's
of Exhibit B. Upon receipt of such notice by the compliance with any instructions from Creditor with
manager of the Merrill Lynch office servicing the respect to the Account except if such claims,liabilities
Account, Merrill Lynch will cease complying with or expenses are caused solely by Merrill Lynch's or
trading instructions from, or on behalf of, Client with such manager's or agent's gross negligence or willful
respect to the Account, cease distributing to Client misconduct,respectively.
Interest and regular cash dividends earned on assets
In the Account, and refuse to accept any other This Agreement does not create any obligations for
instructions from Client Intended to exercise any Merrill Lynch except for those expressly set forth in
authority with respect to the Account except upon this Agreement.
Instruction of Creditor.
10.Termination;Survival
7.Priority of Creditor's Security Interest Creditor may terminate this agreement by written
So long as this Agreement is in effect, Merrill Lynch notice to Merrill Lynch. Merrill Lynch may termi-hate
subordinates in favor of Creditor any security interest, this agreement on thirty (30) days written notice to
lien, or right of setoff it may have,now or in the future, Creditor and Client. Upon notification by Creditor to
against assets in the Account, except Merrill Lynch Merrill Lynch that Creditor's security Interest in the
may retain a prior lien on assets in the Account to Account has terminated, this Agreement will
secure payment for assets purchased for the Account automatically terminate. Section 9, 'Responsibility
and to collect normal commissions and service fees. and Protection of Merrill Lynch; will survive
termination of this Agreement.
B.Duplicate Statements end Confirmations
Merrill Lynch will send Creditor duplicate copies of 11. Effect of Agreement
periodic account statements and trade confirmations, Client and Creditor agree that this Agreement
if any,contemporaneously with those sent to Client. supplements the applicable Merrill Lynch account
agreement with respect to the Account, and any
9.Responsibility and Protection of Merrill Lynch related agreement if the Account is a managed
Except for permitting a transfer of assets from the account under a Merrill Lynch advisory program with
Account in violation of section 4,Merrill Lynch will a manager named in Box B,and that it does not
not be liable to Creditor for complying with instruc- abridge any rights that Merrill Lynch might otherwise
tions from Client that are received by Merrill Lynch have, except as provided in section 7. If there is any
before Merrill Lynch receives a Notice of Exclusive inconsistency between this Agreement and such
Control in accordance with section 6. Merrill Lynch Merrill Lynch account agreements this Agreement will
will not be liable to Client for complying with a Notice control. The Parties also acknowledge that there are
NOV-05-2003 14:15 MERRILL LYNCH MTN.DIST. 3036896093 P.07'26
no other understandings or agreements with Merrill No amendment of, or waiver of a right under, Ihie
Lynch concerning the Account except for this AgrstomeM will be binding
a eIt Is In writing end
Agreement the Manta Lynch account agreements signedby Pb to be rtY
and any agreement with an Investment Manager or
Agent named in Box B to which Menili Lynch may be 14.Severability
a party. To the ardent a provloien of this Agreement is
unenforceable,this Agreement will be construed as It
12. Goverrdng law the unenforceable provision were omitted.
This Agreement and the Account will be governed
by the internal laws of the State of New York with 15.Successors and Assigns of Creditor
respect to interpretation and enforcement.. A successor to or assignee of Creditor's rights and
obligations tinder the Secutlty Agreement between
19.Amendments Creditor and Client will succeed to Creditors rights
and obligations under this Agreement.
SIGNATURES ADDRESSES
Client: Jerry amison 15721 Weld Cty 10
Pilo /G JA ispn/ Fort Lupton, CO. 80621
j•5k�c a.fa
�Gr 03
Tab frt appikble) r_
Director, Colorado Department of Public Health and Environment,
Creditor: Hazardous Materials aattl1d Waste Management Division,
a Regulatory encv of he State n eolnraAn
/ Mail code: ItrhND-CP-H2
va
J.1 /� /D —4300.? 1 of Creek 11.. C.
dere
•sd7 a1 !! Denver, O380246-1530 eye tan
and
au )waste Management Division
•This la the name to whom periodic account statements and trade eonflrmations will be addressed unless
another officers name Is provided to Merrill Lynch for this purpose.
Merrill Lynch,Pierce,Fenner a smith Incorporated:
t.1 rAA�,y 1 .� et'l r c �.] Address Is the address servicing the Account as
print yam Indicated on account statement.
/];tj .
signature
data
Resid tl«Idant Viso President(or designee)
This Agreement maybe exebuted In counterparts,butths profaner er should provide the completed
original to Merrill Lynch with signed photocopYcourrterpana provided to Client and Creditor.
Client:
pap Jam on s
cf-cc d/71/<'4I- 8.2 :(en r i%fR((files'-.c'i !I p/ 'n1�l if ( T - r,,yrcer) -
siafuir date
As Personal Rep. Of the Estate Of
Jarrald A. Jamison
Fayt Jamison
/f- /≤ .C3
signature date
. 7- 3-O2; 5:43P,.1; ; 1 R 4/ 7
(Must be initialed by the creditor)
Account No. 44/4 4O702-e
Exhibit A
Use Exhibit A to list the assets to be transferred into the
Merrill Lynch Pledged Collateral Account.
If available,you can attach a copy of the most recent monthly account statement,initialed by the Creditor)
and write"See attached statement"below.)
Quantify Description
40,000 Denver Colo CY—CO Excise Tax Rv Cony SR A Feb01 5.00%C o
t ap
50,000 Denver Colo City—00 Arpt Rv Airprt Sys Rv FSA Amt Nov98 5.00;
Nov /.525
50,000 Colorado Hlth FCS AT Rev Sist Charity OID MBIA Mar98 5.00%
Dec O/ .25
50,000 E-470 Pub Hwy Auth Colo Rev Sr-Ser A OID MBIA Aug 97 5.00%
55,000 University Colo Univ Rev Enterprise Sys A OID MBIA Ju103t 4.2`
50,000 Dallas Fort Worth Tex RV Intl Arp A OID AMBAC Amt May03 5.00;
Nov01 32
•
Code 1226-0198
Please transfer the above assets from ML Account 416-37881 to pledge
account 416-10122.
,yh2/LfiL, Faye Jamison ion �/�
e^ry mi
7- 3-02; 5:43PM; ; i a 5, 7
Exhibit B
Sample Notice of Exclusive Control
[Letterhead of Creditor]
Note: If this notice is sent by fax, it must be addressed to Resident Vice President with receipt
confirmed by telephone,and the original mailed or-delivered to the office servicing the Account as
indicated on the account statement.
October 3, 2003
Date:
To: Resident Vice President
Merrill Lynch,Pierce,Fenner Sc Smitb jocQrporation
Plaza Tower One, Suite 1V1
6400 S. Fiddlers Green Circle
Englewood, CO. 80111
(insert address of Merrill Lynch office servicing Account as indicated on Account Statement)
RE; PledaJamisonellar ral Account number 416-10122 in the name of
yPledged Collateral Account for Director, Colorado Department of Public Health
name of Client and Environment, Hazardous Materials and Waste
Management Division, a Regulatory Agency of
the State of Colorado
This is to notify Merrill Lynch that the above-referenced pledged collateral account("Account")is
now under the exclusive control of Creditor named above. Merrill Lynch is hereby instructed to cease
complying with trading instructions given by or on behalf of Client(named above)relating to said Account,
to cease distributing interest and regular cash dividends earned on property in the Account,and to refuse to
accept any other instructions from Client intended to exercise any authority with respect to the Account
unless instructed by the undersigned on behalf of Creditor.
Creditor warrants to Merrill Lynch that this Notice of Exclusive Control is lawful and authorized
by the Security Agreement between Client and Creditor.
All future instructions on the Account shall be given solely by the undersigned on behalf of
Creditor unless further evidence of authority is provided to Merrill Lynch.
Director, Colorado Department of
Public Health and Environment, By:
Hazardous Materials and Waste
Management Division, a Regulatory Print name
Agency of the State of Colorado
signature date
title(an authorized officer)
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356.1111
RICHARD T.LiPUMA ken®Iblaw.com
KELLY J.CUSTER
BRADLEY C.GRASMICK
December 1, 2003
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attention: Sheri Lockman
Weld County Department of Public Heath & Environment
1555 North 17th Avenue
Greeley, CO 80631
Attention: Cindi Etcheverry •
Re: Tire Mountain (USR-1361)
Dear Ms. Lockman and Ms. Etcheverry:
Enclosed please find an Addendum to the Fire Safety Evaluation and Fire Control
Plan as authored by Schirmer Engineering Corporation. Even though Mr. Caro presented
his testimony concerning this change (and corresponding Development Standard No. 39)
at the October 22, 2003 hearing, it was our opinion that a written supplement should be
prepared for your records. We would suggest that you place this with the original Schirmer
Engineering Corporation report dated April 28, 2003 which was submitted with the USR
application. If you have any questions, please contact th dersigned.
Very truly y rs,
LIND, R & OTTENHOFF LLP
K F. Lind
KFUcg
Enclosure
pc: Tire Mountain, Inc.
Colorado Department of Public Health & Environment
Platteville/Gilcrest Fire Protection District
F:\XFLUAMISON\PLANNING LOCKMAN LTR 12 1 03.wpd
SCHIRMER ENGINEERING CORPORATION
350 INDIANA STREET. STE 500 A GOLDEN. COLORADO 80401♦ PHONE(303)279-8900♦ FAX(303)279-8905
November 26, 2003 VIA EMAIL: KEN@LLOLAW.COM
Mr. Kenneth Lind
Lind, Lawrence & Ottenhoff, LLP
Attorneys at Law
The Law Building
1011 Eleventh Avenue
Greeley, Colorado 80632
Re: Addendum — Fire Safety Evaluation & Fire Control Plan (dated April 28, 2003)
Tire Mountain, Incorporated
Weld County Road 41
Hudson, Colorado
SEC Project No. 2403005-000
•
Dear Ken:
This correspondence serves to document those modifications made to the original fire
safety evaluation and fire control plan (developed by Schirmer Engineering Corporation
[SEC) & dated April 28, 2003) that have been approved by the Board of Weld County
Commissioners.
The fire control plan with modifications was presented to the Board on October 22, 2003
to assist in justifying the board's approval of the site-specific development plan for the
expansion of the Tire Mountain operation. This approval was granted under the Weld
County special review process.
Currently, three gas and oil well operations are located within the 120-acre site and Patina
Oil and Gas Corporation (PO&GC) plans a 4'" drill site, however the exact location of this
drill site has not been determined. The existing three locations will maintain a 200-foot
setback or separation from adjacent tire storage cells to avoid any fire exposure issues. It
is important to note that the Oil and Gas Conservation Commission Regulations of
Colorado require a minimum separation of 150-feet.
Recommendation #3 included in the original report (p.18) identified that a 200-foot
separation would be maintained between tire storage cells and potential gas and oil well
operations to meet recommendation outlined in NFPA 231/231D. After further evaluation
and discussion with PO&GC, the 4'h drill site will be located in the general area as
identified in the attached sketch. Therefore, minimum potential separation distances (at
the 4'h drill site only) could be 150-feet.
Fire Protection Engineering ♦ Code Consulting ♦ Loss Control ♦ Security Consulting
Mr. Kenneth Lind -2- November 26, 2003
Lind, Lawrence & Ottenhoff, LLP SEC Project No. 2403005-000
Therefore, to mitigate this distance (less than 200-feet), SEC recommends keeping the
earthen berms (50-foot wide fire lanes) 2-feet above the tire surface. In other words, the
earthen berms will have a fill height of not less than 10-feet above the adjacent grade or
original ground surface. This approach meets the intent of NFPA 231/231D and reduces
any radiation exposure from an involved gas well to an adjacent tire storage cell or vice
versa.
Please do not hesitate to contact our office if you should require further information.
Sincerely,
SCHIRMER ENGINEERING
A --
Tony Caro, P.E.
Denver Regional Engineering Manager
Attachment: Site Plan
ACC/JP:tcc
I:\Projects\2400 Denver\2003\2403005-000 Tire Mountain\Rpt addendum Ltr to Lind 112603.doc
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LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T.LiPUMA kencllolaw.com
KELLY J.CUSTER
September 3, 2003
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attention: Sheri Lockman
Weld County Department of Public Heath & Environment
1555 North 17th Avenue
Greeley, CO 80631
Attention: Cindi Etcheverry
Re: Tire Mountain (USR-1361)
Dear Ms. Lockman and Ms. Etcheverry:
Enclosed please find the executed and completed financial assurance agreement
between Tire Mountain, Inc., the State of Colorado and Merrill Lynch. Please contact me
if you have'any questions.
Very truly yours,
LIND, L E ENHOFF LLP
Ken eth F. ind
KFL/cg
Enclosure
•
F:UCFL\JAMISON\PLANNING LOCKMAN LTR 11 20 03.wpd
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
11 ip PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
O ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
•
COLORADO
December 5, 2003
Faye Jamison
Tire Mountain, Inc.
12311 Weld County Road 41
Hudson, Colorado 80642
Subject: Tire Mountain, Inc. —4th Quarter Inspection, 2003
Dear Mrs. Jamison:
On December 3, 2003 I conducted a routine inspection of Tire Mountain, Inc., tire disposal. Tire
Mountain, Inc. is located at 12311 Weld County Road 41, in Weld County, Colorado. The purpose of the
inspection was to inspect and assess the facility's compliance with the "Regulations Pertaining to Solid
Waste Disposal Sites and Facilities" (the Regulations), as promulgated by the Solid Waste Disposal Sites
and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, and the Development Standards set
forth in the facilities' Use by Special Review Permit (AmUSR-842).
On this date it was observed that the site was substantially in compliance with both the Regulations and
AmUSR-842.
If you have any questions regarding this inspection, please contact me at (970) 304-6415, extension
2220.
Sincerely,
Cindi Etcheverry
Environmental Health Supervisor
Environmental Health Services
cc: Trevor Jiricek, Director,Weld County Environmental Health Services (via email)
Sheri Lockman, Weld County Department of Planning Services (via email)
Glen Mallory, Colorado Department of Public Health & Environment
Doug Ikenberry, Colorado Department of Public Health & Environment
Kenneth Lind, Attorney for Jerry Jamison
Lee Morrison, Weld County Attorneys Office
C\Documents and Seltings\slockman.COWELDCO\Loral Settings\Tenp\GW Viewef\031203insp_3.doc
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T.LiPUMA - ken1llolaw.com
KELLY J.CUSTER
November 7, 2003
Colorado Department of Public Health & Environment
HMWMD-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Attention: Glenn F. Mallory
Re: Tire Mountain, Inc.
Dear Mr. Mallory:
Enclosed please find copies of the Resolutions as approved and signed by the
Board of County Commissioners of Weld County both as to the Use by Special Review and
the Certificate of Designation.
I also want to advise you that the final plat map is in preparation. As soon as the
plat map is finalized, a complete set will be provided to you for your records both in 24 x
36 and 8'1A x 11 formats.
Very truly yours,
LIND, LAWREN'/y& 'iTTENHOFF LLP
Ke eth F. i
KFUcg
Enclosure
pc: Tire Mountain, Inc.
Vern Nelson, P.E.
Weld County Department of Planning Services
Weld County Department of Public Health & Environment
F:UCFLUAMISON\COLO.PUBLIC.HEALTH6.wptl
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