HomeMy WebLinkAbout20032668.tiff Weld Count;
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING {°°`
1011 ELEVENTH AVENUE d _,.,,
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(aIblaw.com
KELLY J.CUSTER
September 12, 2003
Patina Oil & Gas Corporation
1625 Broadway, Suite 2000
Denver, CO 80202
Attention: David Siple and P. David Padgett
Re: Tire Mountain 2nd Am USR-842
Township 3 North, Range 65 West, 6th P.M.
Section 32: S/2N/2SE/4
Weld County, Colorado
Gentlemen:
Enclosed please find a preliminary updated drawing regarding the Tire Mountain
site. We have included (highlighted in green)the drill site range, operations area and flow
lines based upon your letter of September 2, 2003. Please review the enclosed diagram
and contact me at your earliest convenience.
Very truly yours,
LIND, R NC TTENHOFF LLP
Kenneth F. in
KFL/cg
Enclosure
pc: Vern Nelson, P.E.
Jarrald Jamison
Department of Planning Services
Glen Hoynoski
p.s. Vern, Jerry and Sheri: Z,d-cf)
Your drawings also include designated areas for shipping, storing and •rocessin•
which is highlighted in pink. Please call me with any comments. 4 EXHIBIT
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SCALE AS SNLMry 221EE"'CEcASE`M I TIRE N, COON, INC. JAR BY s� [tn REVIEW
PROJECT Na 0 -04i LAVERN C. NELSON P.E
DATE
S5 zoG3 EO ao63 HUDSON, CO_ORA OO
e VIC IN1 iY ndP.PLOT PLAN,DETAILS/ III
Weld County Planning Department
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•
ula 2 003
LIND, LAWRENCE & OTTENHOFF LLP Err I�/ED
ATTORNEYS AT LAW C
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 kenallolaw.com
KELLY J.CUSTER
August 26, 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 a revised Cost Calculation related to financial assurance for
cover at Tire Mountain. This revision has been made pursuant to your letter dated August
1, 2003. Please review this latest information and we would request that you or Mira
Neumiller contact Vern Nelson (phone 970-352-6362).
The first public hearing is scheduled for September 4, 2003 and we would
appreciate your review and comments sometime prior to the middle of September.
Very truly yours,
LIND, L E & OTTENHOFF LLP
K n ind
KFL/cg
Enclosure
pc: Weld County Department of Planning Servi es
Weld County Department of Public Health & Environment
Jarrald Jamison
Vern Nelson, P.E.
F;\XFL\JAMISON\COLO.PUBLIC.HEALTH3.wpd
= EXHIBIT
TIRE MOUNTAIN, INC.
Cost Calculation For Dirt Cover At Closure
Prepared Aug. 15, 2003 by LaVern C. Nelson, P.E.
1. 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 1 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
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 can be determined by
adding the adjusted cost of supervision and miscellaneous to the calculated dirt
cover cost as is appropriate for each succeeding year.
•
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.
= EXHIBIT
P.O. BOX 405 • PLATTEVILLE.COLORADO 80651-0405 • (970)785-6161 6
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
Joe Kuntz
President
JK/aj
Corporate Sec
(seas)
Weld E ,
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
(970)353-2323
KENNETH F. ND (970)356-9160
KIM R.LAWREENCE TELECOPIER
(970)356-1111
RI ANDREW JONES ken( IIoIaw.com
RICHARD T.LIPUMA
KELLY J.CUSTER
October 7, 2003
Patina Oil & Gas Corporation
1625 Broadway, Suite 2000
Denver, CO 80202
Attention: P. David Padgett
Re: Tire Mountain 2nd Am USR-842
Township 3 North, Range 65 West, 6th P.M.
Section 32: S/2N/2SE/4
Weld County, Colorado
Dear Mr. Padgett:
Enclosed please find a new USR plat page (revised October 6, 2003) which has
been modified pursuant to our telephone conversations of October 6, 2003. For reference,
the 200' x 300' operations area has not been modified but the range for drill site has been
relocated 10' further to the East. By moving the drill site 10' to the East, this allows Tire
Mountain to maintain the 150' State required distance from all tire cells. Additionally, the
10' relocation is still within the allowance for drill sites in accordance with Oil and Gas
Conservation Commission regulations. Specifically,the eastern boundary of the 20'x 100'
drill site is located 916.48' West of the East section line of Section 32.
Based upon our telephone conversations and this submittal, the revised plat dated
October 6, 2003 will be the final plat for which we seek approval by the Board of County
Commissioners at the hearing October 22, 2003. We are sending a copy of this letter and
plat to Sheri Lockman at the Department of Planning Services but we would appreciate any
communication that you can provide to Ms. Lockman to confirm Patina's acceptance of this
revised plat. Ms. Lockman's mailing address is 1555 North 17`h Avenue, Greeley, CO
80631 or you can contact her by e-mail at slockman(a)co.weld.co.us.
F:\XFLUAMISON\PATINA2 LTR.wpd •
g �y�Rn
Patina Oil & Gas Corporation
October 7, 2003
Page 2
Thank you very much for your continued cooperation in this matter.
Very truly yours,
LIND, LAW E CE ENHOFF LLP
Kenneth F. Lind
KFL/cg
Enclosure
pc: Vern Nelson, P.E.
Jarrald Jamison
Department of Planning Services
Schirmer Engineering
F:UffLUAMISON\PATINA2 LTR.wpd
STATE OF COLORADO
Bill Owens,Governor
Douglas H.Benevento,Executive Director OF'C0z,
Dedicated to protecting and improving the health and environment of the people of Colorado 0-, ^ '
4300 Cherry Creek Dr.S. Laboratory Services Division * G°' *
Denver,Colorado 80246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6928 1g76
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
Weld County Planning Department
GREELEY OFFICE
SEP 0 8 2003
September 3, 2003 RECEIVED
Mr. Jerry Jamison
Tire Mountain, Inc.
12311 Weld County Road 41
Hudson, Colorado 80642
RE: Tire Mountain Disposal Facility, 2003 Annual Inspection
Weld County, Colorado
Dear Mr. Jamison,
On Friday, August 29, 2003, a representative of the Solid Waste Unit of the Hazardous Materials and
Waste Management Division (Division) inspected the Tire Mountain Disposal Facility, located about
seven miles north of State Highway 52 near Hudson, in Weld County. The purpose of the inspection
was to assess compliance of the facility with the Solid Waste Disposal Sites and Facilities Act, Title 30,
Article 20, Part 1, C.R.S. as amended, and the Regulations promulgated thereunder, 6 CCR 1007-2
(Regulations). A copy of the inspection report is enclosed for your reference.
The Board of County Commissioners of Weld County granted approval of an amended certificate of
designation for Tire Mountain, Inc. on October 3, 1990. Discarded tires are brought to the facility for
disposal, storage and recovery.
After arriving at the site at 10:00 a.m., Cindi Etcheverry (Weld County Department of Public Health and
Environment) and I were greeted by Jerry Jamison (owner) and Mike Jaso (manager), at which time I
presented my credentials. The available operating records were found to be in good order. However,
consistent with Condition 4 of the Division's May 23, 2003 letter to the Weld County Commissioners
(i.e., concerning an application to expand the facility), the financial assurance has yet to be finalized.
We then accompanied Jerry Jamison to observe the facility operations. During the inspection, it was
observed that tires were stacked above existing grade in the cells, contrary to the current facility design
drawings. However, a formal modification to the Weld County permit that would allow tire placement
above grade within specified limits is currently being reviewed by Weld County. EMI EMI:1
and An. 84a
Mr. Jerry Jamison
September 3, 2003
Page 2
The results of the inspection indicate that the facility is operating in substantial compliance with the
Regulations at this time,with the above exceptions (i.e.,pending finalization of the financial assurance
and pending resolution regarding above grade tire placement).
Please contact me at 303-692-3389 if you have any questions.
Sincerely,
, .,9 -
Douglas M. Ikenberry
Solid Waste Unit
Compliance Program
Enclosure
Cc: Sherri Lockman, Weld County Department of Planning Services (w/o enclosure)
Cindi Etcheverry, Weld County Department of Public Health and Environment (w/o enclosure)
FILE: SW WLD TIR 1.2
COLORADO DEPARTMENT of PUBLIC HEALTH & ENVIRONMENT
HAZARDOUS MATERIALS and WASTE MANAGEMENT DIVISION
- SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION
This inspection is conducted pursuant to TITLE 30,ARTICLE 20,Part 1,§ 113(6) C.R.S
11 : 00 AQ 9
Date: 8 -29 - 03 Time In: /0: DO a.m . Time Out: t 6 Z-
. 4 3 a 0^ O3
Facility Name: TIRE MOUNTAIN
Facility Location: 12311 Weld County Road 41
County: WELD ID: 123-LFL-040
Inspection Type: Ro of t M e Photos:
Weather Conditions: S u rt Yl y
Wind Speed &Direction: Ca(`1/4 Temperature: - 1O ° F
Owner '` ' . Operator i'
Org: JAMISON TOOL, INC. Org: TIRE MOUNTAIN, INC.
Name: Jerry &Faye Jamison Name: Mike Jasso
Address: 12311 WCR 41 Address: 12311 WCR 41
City: Hudson City: Hudson
State: CO Zip: 80642 - State: CO Zip: 806. 42 -
Phone: (303) 573-5744 Phone: 3035735744
Email: Email:
FACILITY REPRESENTATIVES
Name r r - `Title Phone
-Teter Ja„vltsor, Owner - Same as adoue
Mike Faso Mana5ele
LOCAL GOVERNMENT REPRESENTATIVES .
Name Agency Phone '
Ci s r4-cLeverry WCDPRE 970-304-6415
X ZZZo
i�__ INSPECTORS
Name Agency Phone
tou5 kenbeyr,/ CD P (-1 303-69L-3389
9_,9x444.2.01. ..,
August,2003 -Page 1 of 4 Facility Representative Initia
Facility Name: TIRE MOUNTAIN
Date: 'S -Z9 - D3
..`: 41 }! •
I uAC S-el INr7PEGTORS, $u r;:
Name > '4:11t>"' tAgener l ', s r*="4, Phone ;A' .
August, 2003 -Page 2 of 4 Facility Representative Initial
.
Facility Name: TIRE MOUNTAIN
Date: ,- 21 - 03
li,.; .Op) TIONS.' tOMP)CaTANG __ ,. i
: 3 N r , Y 'r.N/A u
Ili:-. Fatt o �f ;`Regulation > '. . >`YES. NO r.
1 Access Control 2.1.8 X
2 Adequate Signage 2.1.8 x
3 Minimize Nuisance 2.1.3 X
4 Adequate Intermediate Cover 1.2 X
_
5 Adequate Daily Cover 3.3.4(A) X
6 Alternate Daily Cover Type: 3.3.4(B) V
7 Final Cover Integrity 3.6.1(A)(2)
8 Compaction 2.1.10 2. 6dickli es ) 4 X
9 Equipment 3.3.2(E)4ro c .6 I Z to dui rs, K .
10 Waste Distributed in Smallest 2.1.10 9 railer , frada r X
11 Working Face Size (ht x lgth) 2.1.10 der tmw.er X
12 Restricted Unloading Area 2.1.10 )C
13 Wind Speed Monitoring 2.1.11 Y
14 Prevent Windblown Debris 2.1.11 X
15 Prevent Debris From 2.1.7
16 Perimeter Fence 2.1.8 P
17 Lack of Debris Accum. on 2.1.7 X
18 Dust Control 2.1.3 X'
-- 19 Perimeter Run-On Controls 2.1.6 X
20 Water Diverted From 3.2.6(a) )t
21 Surface Water Drainage-No 2.1.10 K
22 Ground Water Monitoring 2.2 x
23 GW Mon. Syst. Properly 2.2.1(A) 2C
24 Explosive Gas Monitoring 2.3 ?C
25 ExGas Mon Syst. Properly 2.3.4
OPERATION RECORDS'
ID Factor Regulation' Location YES NO NIA
1 Certificate of Designation 1.3.3 5;+r o f ctte c K lo-,- R O
2 Design &Operation Plan 2.4.1 It U
3 As-Built Operation Plan 3.4(D) >e
4 Waivers 3.4(E) & (F) X
5 Waste Characterization Plan 2.1.2(C) X
6 Waste Characterization 2.1.2(C)(2) X
7 Waste Types 3.3.2(C) 3 i+e c,4T e >(
8 Waste Volumes 3.4(A) ti 1' X
9 Financial Assurance 2.4.2(H) U) I P
10 Ground Water Monitoring 3.4(B) X
11 , Explosive Gas Monitoring 3.4(C) K
6 (.)17.-P = WorK to ?receSS.
August,2003-Page 3 of 4 l Facility Representative Initial
Facility Name: TIRE MOUNTAIN
Date: Fj 2.R - OAS
dP ' • GQRDS;-
ID 'actior',:140.f::'i 5 2 .' .ReguYat�on <` ' YES NO N%A;,
12 Leachate 2.4.2(D) )( _
13 Employee Training 2.1.2(B)(3) ?� i§4 q -Z-D3
14 Location Restriction 2.4.2(A) }{
15 Closure&Post-Closure 2.4.2(F) s;+e oceiee- ?�
HSRF: Yes
Quantity Verification Method:
Time PeriO rn :,..,, t:,..w t.:_�t ��,. .i;., �,:�t '.,.:e e, ptF t f:: ,L;i "::. h~ r.''•'>,ui� ,ti rt•,,
August,2003 -Page 4 of 4 Facility Representative Initial
SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION
BACKGROUND INFORMATION REPORT
. ;... . c; FACILITY INFORMATION c7O-t, 1,7g,
Facility Name: TIRE MOUNTAIN
Facility ID: 123-LFL-040
Facility Address: 12311 Weld County Road 41
Section: Township:
Range: County: WELD
Date of Last Inspection: 7/23/2002 Inspector: Doug Ikenberry
Date Facility opened: 12:00:00 AM Comp. Status: Non-Compliant
Anticipated closing date: 12:00:00 AM
CD Issuing Jurisdiction: Weld County Commissioners
CD Expansion date: CD Issue Date: 12:00:00 AM
Acres added for disposal: Total acres added:
Financial assurance type: Certificate of Deposit
Financial assurance status: Subject to HSRF: YES
NPL: NO ERS: NO
PRIMARY FACILITY=
Primary Facility Type: Landfill co-12-ea
Acres permitted: 80 50 c�� �'
Acres approved for (to'X 2 CO' X 1 5
disposal: 80 Vol. Approved: 694,444
Acres Constructed: 61 Vol. Used: 66,418
Acres remaining: 19 Vol. Remaining: 628,026
SECONDARY FACILI I Il.S
Facility Type - - • t.. Facility Type!
MONITORING INFORMATION'
Monitoring Type Description Quantity
Landfill Gas
Ground Water Wells
Leachate
APPROVED WASTE STREAMS
# Description Y/N # Description Y/N
1 Tires Y 2 Animal Burial N
3 Brine N 4 Industrial N
5 Ash N 6 Septage N
August,2003-Page 1 of 2 Facility Representative Initial
Facility Name: TIRE MOUNTAIN
Date: 0-29 - b3
7 Bio Medical N 8 Water Treatment N
9 International Flight Waste N 10 Contaminated Soil N
11 Construction Demolition N 12 Asbestos Friable N
13 Sand Trap N 14 Inert Rubble N
15 Sludge N 16 Mine Waste N
17 Municipal Commercial N 18 Waste Water N
OTHER PERMITS ' ''
#` Description.; ; "` nl YIN `# Description YIN
Mine Land Reclamation
1 Air N 2 Bureau N
3 Water N
_. '. QITATERLY REPORTS"'
uarter 1- ,a _ Quarter 2 k; `: .,' darter 3 , I Qaarter 4
'
7,000 14,092 12,547 15,398
DEFICIENCY;NOTED'AT LAST INSPECTION. .'
Factor s° Proposed Resolutiod Status/Date
OPERATION RECORDS':-.COMPLIANCE
ID Factor'' Regulation".a Location
1 Certificate of Designation 1.3.3 Site
2 Design & Operation Plan 2.4.1 Site
3 As-Built Operation Plan 3.4(D) Site
4 Waivers 3.4(E) & (F) Site
5 Waste Characterization Plan 2.1.2(C) Site
6 Waste Characterization Records 2.1.2(C)(2) Site
7 Waste Types 3.3.2(C) Site
8 Waste Volumes 3.4(A) Site
9 Financial Assurance 2.4.2(H) Site
10 Ground Water Monitoring 3.4(B) Site
11 Explosive Gas Monitoring 3.4(C) Site
12 Leachate 2.4.2(D) Site
13 Employee Training 2.1.2(B)(3) Site _
14 Location Restriction Demonstration 2.4.2(A) Site
15 Closure & Post-Closure 2.4.2(F) Site
August,2003 -Page 2 of 2 Facility Representative Initial
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.
(970)353-2323
LIND (970)356-9160
KIM R.LAWRENCE TELECOPIER
(970)356-1111
P.ANDREW JONES ken®Ilolaw.com
RICHARD T.LiPUMA
KELLY J.CUSTER
October 14, 2003
Colorado Department of Public Health & Environment
HMWMD-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Attention: Mira Neumiller
•
Re: Tire Mountain, Inc. (Financial Assurance)
Dear Ms. Neumiller:
Enclosed please find the following original signed documents: (1) Two original
Collateral Account Control Agreements including Exhibits "A" and "B"; and (2) Security
Agreement including Exhibit "A". As to the Collateral Account Control Agreements, it is
necessary that the Director(as Creditor)sign and date the signature line on Page 3. Both
Control Agreements including Exhibit "A" then need to be mailed to the Schwartz Mabry
Group which is the Merrill Lynch representative firm. The mailing address for Schwartz
Mabry Group is Plaza Tower One - Suite 1100, 6400 South Fiddler's Green Circle,
Englewood, CO 80111-4912.
Merrill Lynch will then sign both documents and, by a copy of this letter, we are
requesting that Merrill Lynch return a signed original to you and a copy to our firm on behalf
of Tire Mountain and Jerry Jamison.
You should retain in your files the original Security Agreement (enclosed) as that
becomes a part of the Collateral Account Control Agreement. We have retained a copy
of the Security Agreement in our files.
' F:U(FL\JAMISON\COLO.PUBLIC.HEALTH4.wpd a4
•
I y
Colorado Department of Public Health & Environment
October 14, 2003
Page 2
As you can see, Merrill Lynch has already established an account(#416-10122)but
it has not yet been activated as the bonds will not be transferred to this account until all
documentation has been submitted to Merrill Lynch and signed.
As to Exhibit "B" on the Collateral Account Control Agreements, this is the sample
notice that you would need to complete on behalf of the State and submit to Merrill Lynch
at the address as indicated which transfers total control of the account to the State except
for the fact that the Jamisons will receive the interest payments upon their bonds.
Regarding the pledged accounts,we are also providing to you an account statement
dated September 30, 2003 which provides the estimated market price and market value
of the bonds as pledged by Jamisons to the State. I have been advised by Merrill Lynch
that the State will receive a regular accounting regarding the pledged accounts once the
account has been activated. It is my understanding that the statements should be
forwarded to the State at the above address to your attention.
If you have any questions regarding this letter or enclosures, please call me at your
earliest convenience.
Very truly yours,
LIND, LAW OTTENHOFF LLP
Kenneth . Lind
KFL/cg
Enclosure
pc: Weld County Department of Planning Services
Weld County Department of Public Health & Environment
Jarrald Jamison
The Schwartz Mabry Group
Vern Nelson, P.E.
F:UCFLWAMISON\COLO.PUBLIC.HEALTH4.wpd
STATE OF COLORADO
UNIFORM COMMERCIAL CODE—SECURITY AGREEMENT
Tire Mountain, Inc. , Jerreld A. Jamison and
Debtor:
a Colorado corporation Faye L. Jamison
Name:
(Exact Legal Name Required)
Address: 15721 WCR 10 Fort Lupton CO 80621
Residence: No. Street City State
Business: 12311 WCR 41 Hudson CO 80642
No. Street City State
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 Slate
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-theindebtedttess-evidenced-by to ratty pP0pifi+nory noTe oTiTten dale fferNiTIT
payabterto-BieSaTiretPafty,or order, 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:
❑ 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
4,4f-any ef-thwCat1ateralis•eih-gas;eemineM3sta fie ex-traeted-er-tirrtbertodte-car orgtmdsahich-arr=T,r SlTi io become
-fizroresrsaid-C6ltaTe7al-Co-ncernr Tffe TalfowtngaesEfiEeer rear estate situate in the County
-of- an33TaTe oFCoTorado,to wit:
No.UCC 1205. Rev.8-01. UNIFORM COMMERCIAL CODE—SECURITY AGREEMENT rE
Bradford Publishing. 1743 Wazee St..Denver.CO 80202—(303)292-2500—www.bradfordpuhlishing.com— 1-03
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.
I0. 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 terns,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 fumishing 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:
Tir Mountain, Inc.
By: Colorado
A. miso rest en t Debtor's state of organization,or if not a regi,uered organization.chief executive officer
a aid A. a Debtor's State Identification No.
0
Fay . Ja i
No.UCC 1205. (Page 21
TIRE MOUNTAIN, INC.
Cost Calculation For Dirt Cover At Closure
Prepared Aug. 15, 2003 by LaVern C. Nelson, P.E.
1. 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 1 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 can 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,
9ok
Joe Kuntz •
President
JK/aj
Corporate Sec
(sea°
' 7- 3-02; 5:43PM: ' ' 3 1/ 7
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
Agreement between Client and Creditor. 4.Client's Authority over the Account
Until Creditor delivers to Merrill Lynch a Notice of
If the Account will be a new Merrill Lynch account, Exclusive Control pursuant to section 6, Client will
Client hereby instructs Merrill Lynch to transfer the have full authority to give instructions with respect to
assets listed in Exhibit A to the Account.The Account assets in the Account in regard to voting and other
shall be maintained as a cash securities account,and rights, but will not have the authority to give any
will be titled "[Name of Client] Pledged Collateral entitlement orders with respect to, or terminate the
Account for[Name of Creditor]." Account, without written consent by Creditor. Client's
authority with respect to trading in the Account and
The purpose of this Agreement is to perfect the receipt of income from the Account will be govemed
Creditor's security interest in the Account by granting by the completion of boxes B and C, which authority
Creditor control over the Account; however, this Creditor may revoke at any time by written notice
Agreement does not create Creditor's security interest delivered to Merrill Lynch.
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
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 4103D 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
by transfer to account no. 416-37881
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 fees 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-nate
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.
8. 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
7- 3-02; 5:43PM; : 1 u 3/ 7
no other understandings or agreements with Merrill No amendment of, or waiver of a right under, this
Lynch concerning the Account except for this Agreement will be binding unless it is in writing and
Agreement, the Merrill Lynch account agreements signed by the party to be charged.
and any agreement with an Investment Manager or
Agent named in Box B to which Merrill Lynch may be 14.Severability
a party. To the extent a provision of this Agreement is
unenforceable,this Agreement will be construed as if
12. Governing 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 under the Security Agreement between
13.Amendments Creditor and Client will succeed to Creditor's rights
and obligations under this Agreement.
SIGNATURES ADDRESSES
Client: Jerry e Jamison 15721 Weld Cty 10
Print ��/���� �A i5oW Fort Lupton, CO. 80621
Signaru��J/OAK �� date O3J'
Title(if applicable)
Director, Colorado Department of Public Health and Environment,
Creditor: Hazardous Materials and Waste Management Division,
a Regulatory Agency of the State of Colorado
print name'
signature date
Title(an
authorized officer)
'This is the name to whom periodic account statements and trade confirmations will be addressed unless
another officer's name is provided to Merrill Lynch for this purpose.
Merrill Lynch,Pierce, Fenner&Smith Incorporated:
Address is the address servicing the Account as
print name indicated on account statement.
signature date
Resident Vice President(or designee)
This Agreement may be executed In counterparts,but the preparer should provide the completed
original to Merrill Lynch with signed photocopy counterparts provided to Client and Creditor.
7- 3-O2; 5:43PM; 1 # 4/ 7
(Must be initialed by the creditor)
Account No. —9/l - /O/„.2...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.)
Quantity Description
40,000 Denver Colo CY-CO Excise Tax Rv Cony SR A Feb01 5.007
sep or to
50,000 Denver Colo City-CO Arpt Rv Airprt Sys Rv FSA Amt Nov98 5.00;
NOV IS SS
50,000 Colorado 11th FCS AT Rev Sist Charity OID MBIA Mar98 5.00%
Dec 01 4.5-
50,000 E-470 Pub Hwy Auth Colo Rev Sr-Ser A OID MBIA Aug 97 5.002
Sep O/ 24
55,000 University Colo Univ Rev Enterprise Sys A OID MBIA Jul03 4.2`
z
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.
41- 7197C. /2-
� d
e ry .mi . Faye Jamison
7- 3-O2; 5:43PM: : 1 # 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 4 Smitb I t-potation
Plaza Tower One, Suite 1108
6400 S. Fiddlers Green Circle
Englewood, CO. 80111
(insert address of Merrill Lynch office servicing Account as indicated on Account Statement)
RE:JerPldzd ol1atral Account number 416-10122 in the name of
Pledged 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, Hy:
Hazardous Materials and Waste
Management Division, a Regulatory print name
Agency of the State of Colorado
signature date
title(an authorized officer)
PATi NA
OIL&GAS CORPORATION
1625 Broadway, Suite 2000
Denver, Colorado 80202
(303) 389-3600
(303) 389-3680 Fax
October 20, 2003
Weld County-Department of Planning Services
Attention: Ms. Sheri Lockman
1555 N. 17`1' Avenue
Greeley, CO 80631
Re: 2" AmUSR-842
Township 3 North, Range 65 West, 6th P.M.
Section 32: S/2N/2SE/4
Weld County, Colorado
Ladies and Gentlemen:
Under cover letter dated August 18, 2003, Patina Oil & Gas Corporation ("Patina") expressed its
concerns regarding the proposed Site Specific Development Plan and Special Use Permit for a
Commercial Junkyard and Salvage Yard on portions of the captioned property ("Property").
Patina worked diligently with the representatives and engineers on this project and we are
pleased to acknowledge that the plat dated October 6, 2003 (the "Plat") provides adequate space,
setbacks and access for Patina's existing and future oil and gas operations on the Property.
Patina herewith rescinds its objection to the proposed development before the Weld County
Board of County Commissioners assuming approval of the Plat for this Property.
If you have any questions, please feel free to contact Dave Padgett at (303) 389-3699.
Sincerely,
PATINA OIL & G - S CORPORATION
r /N
v '
David W. Siple
Vice President
c: Jarrald & Jaye Jamison
Kenneth F. Lind, Esq. Fax (970) 356-11 11
P. David Padgett
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: OC.Tok)o- Z
ZC1:D3THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF..WAY. IN THE
• EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT OF-WA:Y.
-
-1 HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING F.�
�r FOR
AMJSR- 214 Z . THE SIGN WAS POSTED BY: .
• C..,L.T\% &A-N._
NAME OF PERSON POSTING SIGN
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3]GNATURE FOR PERSON POSTING SIGN
STATE CF COLORADO)
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS-I1JDAY CF a-1( :1 Cc i
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NOTARY PUBLIC
MY OCMMvII5�ICN EXPIRES: (_1 1,) (t
j...... This FORM SHALL
BE PLACED
LACi" • IN THE ARFROPN;ATE"<Lc FOR rHE ABOVE CASE
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