HomeMy WebLinkAbout820191.tiff RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN RELEASE OF BOND - WYOMING
MINERAL CORPORATION
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 May 5, 1982, the Board of County Commissioners
= passed a Resolution authorizing Wyoming Mineral Corporation to
acquire a release of a FORTY-ONE THOUSAND, TWO-HUNDRED AND FIFTY
and NO/100 ($41, 250. 00) bond, concerning the Grover Solution
eid
Mining Test Site, and
WHEREAS, said release of bond was contingent upon the Board
receiving a letter of satisfactory completion from the Colorado
Department of Health, Radiation Control Division, and
WHEREAS, said letter was received from the Colorado Department
07
of Health, Radiation Control Division, on December 21, 1982.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Chairman of the Board
of County Commissioners be, and hereby is, authorized to sign
the necessary documents releasing the above mentioned bond to
-.v Wyoming Mineral Corporation.
cocci The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
December, A.D. , 1982.
• BOARD OF COUNTY COMMISSIONERS
ATTEST: i _�. i � __ ,s,�t,:mJ WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board John T. Martin, Chairman
B �
Y� c "?rzl� ` h �e �
Deputy County Clerk C uck Carlson', Pro-Tem
APPROVED AS TO FORM: EXCUSED
Norman Carlson
cx
ounty Attorney
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„ `�.` e K. S einmark
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DATE PRESENTED: December 29, 1982
I
CHUB & SON INC.
Manager
100 William St.
FEDERAL INSURANCE COMPANY
BOND NO. 8069-02-68 AMOUNT $41 ,250.00
PERFORMANCE BOND FOR RESTORATION WORK
KNOW ALL MEN BY THESE PRESENTS, That we, WYOMING MINERAL CORPORATION
3900 SO. WADSWORTH BLVD. , LAKEWOOD, COLORADO 80235, AS PRINCIPAL AND
FEDERAL INSURANCE COMPANY, 100 WILLIAM ST. , NEW YORK, N. Y. 10038,
a corporation organized and existing under the laws of the State of N. J.
and duly authorized to transact business in the State of Colorado, as SURETY,
are held and firmly bound unto the COUNTY OF WELD, STATE OF COLORADO, in the
sum of FORTY-ONE THOUSAND, TWO HUNDRED AND FIFTY AND NO/100
DOLLARS ($41,250.00)for the payment of which sum, well and truly to be made, we
hereby bind ourselves, and each of our legal representatives , executors, admin-
ostrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS , the Principal has applied for a SPECIAL USE PERMIT from the COUNTY OF
WELD to conduct Solution Mining Test Activities on the following premises , to
wit:
7.4725 Acres, more or less , in the EZ of Sec. 24, T. ION. , R. 62W, 6 PM,
Weld County, Colorado.
NOW, THEREFORE, The conditions of this obligation are such that, if the above
bounden Principal shall, in conducting such Solution Mining Test Activities,
faithfully perform the requirements as set forth by the Weld County Commission-
ers for the County of Weld, upon release of the bond by the County of Weld, then
this obligation shall be exonerated and discharged and become null and void;
otherwise to remain in full force and effect.
PROVIDED, however, the Surety shall not be liable under this bond for an amount
greater in the aggregate than the sum designated in the first paragraph hereof,
and shall not be liable as respects any obligation related to Solution Mining
Test Activities performed after the effective date of a cancellation of this
bond, pursuant to the terms of the Weld County Commissioners. This bond shall
remain in force and effect as respects all obligations for all Solution Mining
Test Activities performed prior to the effective date of such cancellation
unless the Principal files a substitute bond which: 1) assumes liability for
all obligations for all solution mining test activities performed during the
effective dates of this bond; and 2) is acceptable to the Weld County Commis-
sioners; or unless the Weld County Coi,unissioners otherwise releases this Surety.
Signed, sealed and dated this 10th day of November , 1976 .
WYOMING MINERAL CORPORATION
/ 4 / /j ,7 Principal
1 /i.,(,(2r BY
c 12 FEDERAL INSURANCE COMPANY
Surety
L--
BY -))\ ',U ,. � I I ( i��
Attorney4-in-fact '
Perm 11'57 f K-9532 (3M) K
Certified Copy of
. POWER OF ATTORNEY
• Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street,
New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint
I.I. J. Fauchald
( T:dt:^.-rd F. Reid
"'Cry F. ITietcrs
• "D. H. Padgett
of .
Denver, Colorado
each its true and lawful Attorney-in-Fact to execute under such designation In its name and to affix Its corporate seal to
and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of
Its business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instruments referred to in said bonds or obligations.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused
these presents to be signed by Its Assistant Vice President and Assistant Secretary and its corporate seal to be hereto
affixed this 20th day of Ilover.ber 1g 74 •
FEDERAL INSURANCE COMPANY
By
C*1"1.........,---r- 12
IC
��UR4NCF ��
\ :•'•• •"• �, Allan E. Bair
•.•� Assistant Vice-President
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Rothe E.Coe
-Assistant Secretary
ITATE OF CALIFORNIA,
ss.:
County of Los Angeles,
On this 20th day of Irovciber, 1974 before me personally came Rothe E. Coe, to me known
and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in
and which executed the foregoing Power of Attorney and the said Rotha E. Coe being by me duly sworn did depose
and say that she resides In the City of Los Angeles, in the State of California; that she is Assistant Secretary of the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing
Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company by like
authority; that she is acquainted with Allan E. Bair and knows him to be Assistant Vice-President of said Company, and
that the signature of said Allan E. Bair subscribed to said Power of Attorney is In the genuine handwriting of said
Allan E. Bair and was thereto subscribed by authority of said By-Laws and in deponent's presence.
�tp.ro0'' ircuo Acknowledged and Sworn to before me
•J on the date above written
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..�...„tr,P•' Notary Public
1209]IIIIMl
CITY AND COUNTY OF LOS ANGELES: ss
I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the
following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953
and amended May 27, 1971 and that this By-Law is in full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and
on behalf of the Company which it is authorized by law or its charter to execute, may and shall be
executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman
or the President or a Vice-President, jointly with the Secretary or an Assistant Secretary, under
their respective designations, except that any one or more officers or attorneys-in-fact designated
in any resolution of the Board of Directors or the Executive Committee, or In any power of attorney
• executed as provided for in Section 3 below, may execute any such bond, undertaking or other
obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed
In the name and on behalf of the Company, either by the Chairman or the Vice-Chairman or the
President or a Vice-President or an Assistant Vice-President, jointly with the Secretary or an
Assistant Secretary, under their respective designations."
And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original
thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of
Attorney has not been revoked.
And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety
business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the
Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on
bonds, undertakings, etc., permitted or required by law.
Given under my hand and seal of said Company at Los Angeles, California, this 10th day of
NOVEMBER 19 76
Pc7'Yj�/t
Assistant Secretary
ITEM 20
WELD COUNTY SPECIAL USE PERMIT 303 - GUARANTY AGREEMENT
GUARANTY AGREEMENT
THIS GUARANTY AGREEMENT made effective as of the 8th
day of November , 1976, by WESTINGHOUSE ELECTRIC CORPORATION,
hereinafter referred to as "WESTINGHOUSE," with its principal place of business
at the Westinghouse Building, Gateway Center, Pittsburgh, Pennsylvania 15222, to
WELD COUNTY, COLORADO, hereinafter referred to as "COUNTY" with its principal
office at
is based on the following facts:
W I T N E S S E T H:
WHEREAS, WYOMING MINERAL CORPORATION, hereinafter referred to as
"WYOMING," received approval on October 6, 1976 from the COUNTY, pursuant to a
meeting of its Board of County Commissioners, to conduct a solution mining test
facility on certain properties located in Weld County, Colorado subject to the
terms and conditions of Special Use Permit 1/303 (hereinafter referred to as the
"Permit") ; and
WHEREAS, COUNTY approved said Permit upon the condition that WESTING-
HOUSE execute a corporate guaranty, guaranteeing WYOMING's performance of its
obligations under the Permit; and
WHEREAS, WYOMING is a wholly owned subsidiary of WESTINGHOUSE, and in
consideration of COUNTY's approval of said Permit, WESTINGHOUSE desires to guarantee
WYOMING's performance of the .terms and conditions of the Permit,
NOW, THEREFORE, in consideration of good and valuable consideration, the
sufficiency and value of which being hereby acknowledged, WESTINGHOUSE agrees as
follows:
1. WESTINGHOUSE guarantees WYOMING's prompt and satisfactory
performance of all of the terms and conditions of the Permit. If WYOMING defaults
in performance of its _obligations under the Permit,,, WESTINGHOUSE shall pay to
Ce:::lY all damage costs and
-- xp e^ses that COUNTY is entitled to recover from
WYOMING by reason of such default.
_1_
;
1 2. This Guaranty Agreement shall continue in force until all obli-
gations of WYOMING under the Permit have been satisfied.
3. COUNTY shall not be required to inquire into or otherwise investi-
gate the authority of WYOMING to incur particular obligations hereunder or the
authority of officers, directors or agents purporting to act on behalf of WYOMING.
Any obligations made or created in reliance on the professed exercise of such .“.tha-iv
shall be guaranteed hereunder.
4. COUNTY may proceed against WESTINGHOUSE for any amount or performe.nco
guaranteed hereunder whether action is brough against WYOMING or whether WYOMING is
joined in any such action or actions, or not.
5. All rights, powers and remedies of COUNTY hereunder shall be cumula-
tive and not alternative, and shall be in addition to all rights, powers and remedies
given to COUNTY by law.
6. The failure of COUNTY to enforce at any time any of the provisions
of this Guaranty Agreement, or to exercise any option which is herein provided, or to
require at any time performance by WYOMING of any of the provisions hereof, shall
in no way be construed to be a waiver of such provisions, nor in any way to affect
the validity of this Guaranty Agreement or any part hereof, or the right of COUNTY
to thereafter enforce each and every such provision.
7. This Guaranty Agreement and all acts and transactions hereunder, and
all rights of WESTINGHOUSE and COUNTY shall be governed as to validity, enforcement,
construction, effect, and in all other respects, by the law of the State of Colorado,
and Colorado courts shall have jurisdiction to enforce this Guaranty Agreement.
IN WITNESS WHEREOF, WESTINGHOUSE has executed this Guaranty Agreement
this 8th day of —November , 1976, and it shall be effective as of the
day and year first written above.
ATTEST: WESTINGHOUSE ELECTRIC CORPORATIION/��
1 By
I ' �� 'w-
COTL`1ONPEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY ) SS.)
On this Rim day of _ November 1976, before me, a
Notary Public in and for said County and State, appeared F . E . Spindler
and H. A. Hansen _ to me personnaly known who, being by me duly sworn
vice
did each for himself say that they are respectively the/president and
Assistant Secretary of WESTINGHOUSE ELECTRIC CORPORATION, the corpor-
ation named in and which executed the within instrument, and that the seal affixed
to said instrument is the corporation seal of said corporation, and that said instru-
ment was signed and sealed in behalf of said corporation by authority of its Board
of Directors and said F. E. Spindler and H. A. Hansen
acknowledge said instrument to be the free act and deed of said corporation.
'7
f i
i
; Notary Public in and for s d
County and State
__ _ = 'c- _ _- P::- Pry Public
"t 0cunty. Pa
Co- _fl F„pees
July 27. 1578
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COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm lijoc s�" * Frank A.Traylor, M.D.
Governor 18 '1 6 Executive Director
December 21, 1982
Chuck Cunliffe
Director
Dept. of Planning Services
Weld County Government
915 — 10th St.
Greeley, CO 80631
,---
RE: GROVER IN SITU URANIUM SOLUTION MINING TEST SITE
TERMINATION OF COLORADO RADIOACTIVE MATERIALS LICENSE NO. 140-03S
Based on successful completion of decommissioning and decontamination by WMC,
the Colorado Department of Health Radiation Control Division has issued
Amendment 03 to Colorado Radioactive Materials License No. 140-03S (enclosed),
which terminates the license.
While WMC has one or two details to work out with the Mined Land Reclamation
Division of the Department of Natural Resources, the Radiation Control
Division has recommended to the Water Quality Control Division (enclosed
Inter-Office Communication dated December 21, 1982) that WMC be released from
its financial assurance obligations to this Department. If you have any
questions regarding this matter, please contact Ken Weaver of my staff.
Sincerely,
ert J. Ha rector
Radiation Co trol Division
AJH/KLKW
Enclosures as stated
DE -)NrE
DEC 21 1982 [I
Yield Co. Planning Commission
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
Colorado Department of Health
_Radiation Control Division
Denver Radiation Control Section
INTER-OFFICE COMMUNICATION
TO: M. Liuzzi, Water Quality DATE: December 21, 1982
FROM: K. Weaver SUBJECT: Grover Test Site
In a memorandum dated September 19, 1980, the Radiation Control Division
requested that the financial surety held under the Department's subsurface
disposal permit remain in effect until final disposal was complete. By
letter dated October 9, 1980, the Water Quality Control Division informed
Wyoming Minerals Corporation (WMC) that release of the WMC performance bond
would occur when the State Engineer's office and the Radiation Control
Division "signed off" on the operation.
The brine solutions and residues were removed in late 1981.
By letter dated April 22, 1982, WMC confirmed that wells at the site were
plugged according to State Engineer well abandonment specifications.
On September 7, 1982, staff of the Radiation Control Division made a final
inspection visit to the site and witnessed removal by WMC's contractor of
soil from the sole remaining contaminated area. By letter dated September
29, 1982, WMC confirmed shipment of the contaminated soil for disposal.
Based on this successful completion of decommissioning and decontamination
by WMC, the Radiation Control Division has terminated Colorado Radioactive
Materials License 140-03S (see attached letter and amendment).
While WMC has one or two details to work out with the Mined Land Reclamation
Division of the Department of Natural Resources, the Radiation Control
Division recommends that WMC be released from its financial assurance
obligations to this Department.
N+,_ i!` d-_,_,_.,, Ilk Air--
D
XS' E
DEC 21 1982
Weld Co. Planning Commission
s�.0`_`040
COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm *4.1„ N°rte 4,* Frank A.Traylor, M D.
Governor 1876 executive Director
_December 21, 1982
Bait Conroy, Manager
Licensing and Regulatory Programs
Wyoming Minerals Corporation
39_00 South Wadsworth Blvd.
Lakewood, CO 80235
RE: GROVER IN SITU URANIUM _SOLUTION MINING TEST SITE
TERMINATION OF COLORADO RADIOACTIVE MATERIALS LICENSE NO. 1,''40-03S
Enclosed is Amendment 03 to Colorado Radioactive Materials License
No. 140-038, which terminates the license.
In a memorandum dated September 19, 1980, the Radiation Control Division
requested that the financial surety held under the Department 's subsurface
disposal permit remain in effect until final disposal was complete. By letter
dated October 9, 1980, the Water Quality Control Division informed Wyoming
Minerals Corporation (WMC) that release of the WMC performance bond would
occur when the State Engineer 's office and the Radiation Control Division
"signed off" on the operation.
The brine solutions and residues were removed in late 1981.
By letter dated April 22, 1982, WMC confirmed that wells at the site were
plugged according to State Engineer well abandonment specifications.
On -September 7, 1982, staff of the -Radiation Control Division made a _final
inspection visit to the site and witnessed removal by WMC's contractor of soil
from the sole remaining contaminated area. By letter dated September 29,
1982, WMC confirmed shipment of the contaminated soil for disposal.
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
Mr. Bart Conroy
December 21, 1982
Page Two
Based on this successful completion of decommissioning and decontamination by
WMC, the Radiation Control Division has terminated Colorado Radioactive
Materials License 140-03S and has recommended that WMC be released from its
financial assurance obligations to the Department.
Sincerely,
Albert J. Haz , Di etor
Radiation Control Division
AJH/KLKW
Enclosure as stated
DEC 211982
Weld Co. Planning Camminninn
License No. 140-03S
Amendment 03
Page 1 of 1
STATE OF COLORADO
DEPARTMENT OF HEALTH
-RADIOACTIVE MATERIALS LICENSE
In accordance with letters dated January 21, 1980, January 29, 1982,
April 22, 1982, and September 29, 1982, and Department policy, Colorado
-License No. 140-03S is hereby TERMINATED.
4
FOR THE COLORADO DEPARTMENT OF HEALTH
i
I B / A, i. L/
!Date ��
Y
D ,@ 5?
,l [PEG 211982
Weld to. ?SR Commission
Wyoming Mineral 3900 So. Wadsworth Blvd.
Corporation Lakewood, Colo. 80235
A Subsidiary of _
Westinghouse Electric
Corporation
October 22 , 1982 LEP-82-143
Mr. Chuck Cunliffe, Director
Department of Planning Services
Weld County Planning Commission
915 Tenth Street
Greeley, CO 80631
Dear Mr. Cunliffe:
A resolution was passed on May 5, 1982 by the Board of Commissioners of Weld
County authorizing Wyoming Mineral Corporation to obtain the release of bonds
relating to water restoration and site reclamation at the Grover Solution
Mining Test Site. The testing at this site was authorized under Weld County
Special Use Permit 303.
The release of bonds was contingent upon a statement from the Colorado
Department of Health indicating satisfactory completion of decontamination and
decommissioning at the site. It is WMC's understanding that the Weld County
Planning Commission has received that statement and that the bonds can now be
released.
We have enclosed bond release authorizations for your signature and an
addressed envelope for your convenience to forward these releases to the
bonding company. We have also enclosed a self—addressed envelope for you to
return copies to WMC.
If you have any questions, please feel free to contact me at (3-03) 987-4307.
Thank you.
-Sincerely,
\\
y> g M1i;-111::\a1
B. W. Conroy, Mana +� � .o;_ 1', `'1
licensing and Regulatory Programs l�I
25 19 IJ
<�._
csl
Enclosures _ l
Weld Co. Planning Commission
Wyoming Mineral 3900 So. Wadsworth Blvd.
Corporation Lakewood, Cob. 80235
A Subsidiary of
Westinghouse Electric
Corporation
October 22, 1982 LRP-82-143
Ms. Mary G. Mazon
Bond Department
Alexander and Alexander Inc.
1200 Porter Building
Pittsburgh, PA 15219
This is to certify that -Wyoming -Mineral Corporation has met
all applicable development standards specified in Weld County
Special Use permit #303 and that Bond No. 8069-02-67 (copy
attached) can hereby be released.
C �
Mr. John T. Martin, Chairman
Board of County Commissioners
Weld County, Color-ado
Signed December 22, 1982
•
ITEM 12
WELD COUNTY SPECIAL USE PERMIT 303 - WELL PLUGGING _PERFORMANCE BOND
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