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Home My WebLink About20192620.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0080 - WASTE MANAGEMENT OF COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of August, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Waste Management of Colorado, Inc., 5500 South Quebec Street, Suite 250, Greenwood Village, CO 80111, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0080, for a Solid Waste Disposal Site and Facility (solids treatment and beneficial reuse of commercial exploration and production waste and other appropriate non -hazardous waste streams, including cements and other non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries, produced water/flowback from exploration and production wells, and drilling fluids (muds), along with an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and obtain a Certificate of Designation in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: A portion of Sections 26 and 35, Township 3 North, Range 64 West and a portion of Sections 2 and 11, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management of Colorado, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond No. 82440823 from Federal Insurance Company, in the amount of $1,342,850.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management of Colorado, Inc., be, and hereby is, approved. Pw(73.1 £.RICrH),GT&CH), PL(C.G( KR) oe/o_7Ii9 -: Q 6(Pu)) S/7//? 2019-2620 PL2428 IMPROVEMENTS AGREEMENT - WASTE MANAGEMENT OF COLORADO, INC. PAGE 2 BE IT FURTHER RESOLVED that Performance Bond No. 82440823 from Federal Insurance Company, c/o Melissa Fortier, Attorney -in -fact, 5555 San Felipe, Suite 1500, Houston, TX 77065, in the amount of $1,342,850.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:jQ� jC :�2l4 Weld County Clerk to the Board Date of signature: D Barbara Kirkmeyer, chair Steve Moreno Mike Freeman, Pro-Tem 2019-2620 PL2428 7/. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Waste Management of Colorado, Inc. — USR 14-0080 DEPARTMENT: Public Works DATE: May 24, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from the applicant, Waste Management of Colorado, Inc., requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USR14-0080). Collateral is required with this agreement and will be presented to the Board of County Commissioners. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • -Al1-Publie Worksrelateditems;-of the "Improvements &Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvem is for USR 14-0080, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Cotgenda. Approve Schedule as Regular Recommendation BOCC Hearing Item Other/Comments: Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 07/10 cc: Pw(T T1 £P), PLC KR /CC o' /O7l 19 CGd) 2019-2620 PL_Qt-1 78' IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Waste Management of Colorado, Inc — USR14-0080 THIS AGREEMENT "Agreement" is made this / O day of , 2019, by and between Waste Management of Colorado, Inc., a corporation organized under th law of the State of Colorado, whose address is 1001 Fannin St., Suite 4000, Houston, 77002, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: A portion of Sections 26 and 35, Township 3 North, Range 64 West and a portion of Sections 2 and 11, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USRl4- 0080, and WHEREAS, Property Owner acknowledges that the fmal approval of USR14-0080 is conditional upon Property Owner's funding and/or construction of the Off -Site Improvements, hereinafter defined, and road maintenance described in this Agreement and depicted in the exhibits, which shall be submitted by Property Owner and reviewed for approval by County, and thereafter fully incorporated into this Agreement, as follows: Exhibit A — Phased Off -Site Improvements Costs of Construction (to be attached per section B.1.1), Exhibit B — Phased Off -Site Improvements Construction Schedule (to be attached per section B.1.1), Exhibit C — Construction Plans (to be attached per section B.1.1), Exhibit D — Plat Map (recorded simultaneously with this Agreement), Exhibit E — June 29, 2018 Letter Agreement and WHEREAS, Property Owner acknowledges they may only operate in compliance with USR14- 0080 and the schedule as outlined in the exhibits. WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within the defined timeline, may result in the revocation or suspension of USR14-0080, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for Off -Site Improvements required by this Agreement when the Board of County Commissioners approves this Agreement. 4506400 Pages: 1 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lordr«wiiiielvistlialliehlritlfliiith II III )f 13 NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART 1: SITE SPECIFIC PROVISIONS A. Immediate Off -Site Improvements (to be constructed prior to operation): The Property Owner shall be responsible for the construction of certain off -site safety improvements ("Off -Site Improvements") identified in the USR hearing Resolution, which may include, but are not limited to: construction of adequate turning radii of sixty (60) feet (the existing turning radii from the main entrance road to the unmaintained ROW is considered adequate and no construction is necessary) at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. Adequate tracking control currently is in place by way of the existing graveled entrance road and the paved unmaintained ROW. B. Phased Off -Site Improvements: The following Off -Site Improvements shall be constructed in phases as described in this Agreement: Design, right -of way, and construction of a left deceleration lane on County Road 18 to Market Street. 1.0 Road Improvements Responsibilities. In regard to the turn lane, Property Owner is responsible for all the off -site designated improvements as described in this Agreement. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner will be responsible for its proportional share of costs associated with construction of the left deceleration lane on Country Road 18 to Market Street. Proportion share of the Improvements are described in Exhibit E. Exact costs of construction will be determined at the time of construction. Costs estimates in Exhibit E are only to provide guidance to the Property Owner, and Weld County as to what is required for collateral at this time. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. The overlay will be designed and managed by the county and the Property Owner will pay the proportional share. The phased road improvements shall be completed according to the following deadlines: 1.1 Complete design documents shall be submitted to the Weld County Department of Public Works for review, comment, and approval, no later than December 31, 2020. The design documents shall include: 1.1.1 Costs of Construction (to be incorporated as Exhibit A) 1.1.2 Construction Schedule (to be incorporated as Exhibit B) 1.1.3 Construction Plans (to be incorporated as Exhibit C) 1.2 Property Owner shall incorporate all comments by Public Works' staff and submit updated design documents within three weeks of receipt of such comments. Property Owner shall submit collateral in an amount approved by Public Works' staff for acceptance by the Board of County 4°306400 Pages: 2 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II f 13 Commissioners in accordance with this Agreement. Project collateral is required as a part of this agreement for the turn lane on CR 18. A preliminary cost estimate was provided by Waste Management. At the time that the construction design is approved, the collateral amount may need to be adjusted to cover costs of the project. 1.3 If necessary, Property Owner shall acquire, at its sole expense, any additional ROW as necessary to complete the improvements no later than December 31, 2020. 1.4 Property Owner shall substantially complete construction of the phased road improvements no later than December 31, 2021. 1.5 Property Owner shall finally complete construction of the phased road improvements no later than December 31, 2021, which shall begin the warranty period as described in this Agreement. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B is provided by the Property Owner indicating the construction schedule for all Off -Site Improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of this agreement, Exhibit C (Construction Drawings), receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off -Site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. 6.0 Property Owner is responsible for 100% of the costs of engineering, design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW Permits and Access Permits, and if necessary, relocation of utilities as required by the project. Property Owner is responsible for its proportional share ("Proportional Share") of the costs of construction, which is 58%, as defined in the attached Exhibit E. This 58% is the total cost for Waste Management for the work outlined in Exhibit E, this is for both USR 14-0080, USR 966 and MUSR 15-002. Future projects will be evaluated independently as necessary. Exact costs of construction will be determined at the time of construction. Costs estimates in Exhibit E are only to provide guidance to the Property Owner, and Weld County as to what is required for collateral at this time. 4506400 Pages: 3 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 f NUN WI 11111 f 13 C. Future Off -Site Improvements: 1.0 Property Owner shall be responsible for its Proportional Share of the asphalt pavement overlay on County Road 59 and County Road 18 from the site access to Market Street once the County determines an overlay is required. Payment by the Property Owner will be due by the end of the first calendar quarter of the year following completion of the road replacement. 2.0 Waste Management's Proportional Share of improvements is 58% Haul/Travel Routes: The Property Owner shall be financially responsible for its Proportional Share of the County's costs associated with maintaining and/or improving designated "haul/travel routes", as described below. 1.0 Haul/Travel Routes. The following roads are designated as haul/travel routes for the Property: 1) CR 59 between CR 18 and the access to the site, and 2) CR 18 between CR 59 and Market Street 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 59 and travel north -south for further dispersal. Any County roads used by USR14-0080 traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above - mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul/Travel Route Signage (If Applicable). Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility on the Property and which clearly depict County approved haul/travel routes. 6.0 No Deviation from Permitted Haul/Travel Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. D. Maintenance Requirements: 1.0 Repair. Property Owner shall be financially responsible for its Proportional Share of excavation, patching, and pavement repair on haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, in the sole opinion of County personnel. The County will determine what percent of damage has been created by vehicle traffic to and from the Property. In the event of a discrepancy, the Property Owner may appeal the determination as to cost to the Board of Commissioners pursuant to Weld County Code Section 2-4-10. 4506400 Pages: 4 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO l��dr��w�� l I n emag ICI' UI II of 13 2.0 Need for Immediate Repairs: In the event of damage to a haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner in writing of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 3.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off - Site Construction Plans and Cost Estimates to County for review. Property Owner and other USR permit holders shall be responsible for the completion of the repairs attributable to their activity and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 3.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportional Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for the Proportional Share costs. Notification to the Property Owner of the required roadway replacement will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project. Payment by the Property Owner will be due by the end of the first calendar quarter of the year following completion of the road replacement. 4.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's Proportional Share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's Proportional Share of costs. The calculation will be determined according to either traffic counts or a traffic study, or other appropriate method, then application of the Proportional Share, as set forth above, to the total cost(s) of maintenance, repair or improvements as determined by the County. 5.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 6.0 Notification. The County shall notify Property Owner of County's preliminary determination and 4306400 Pages: 5 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO 3 1111 rank 11I61.14IN 11111 assessment of Property Owner's Proportional Share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's fmal determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART 2: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights -of -Way and Easements. If necessary, Property Owner agrees to acquire, at its sole expense, any property interests, such as right-of-way, utility or access easements, necessary to complete the Off -Site Improvements required by this Agreement. Any rights -of -way to be dedicated to the County shall be conveyed by appropriate deed, and, after acceptance by the County, recorded in the records of Weld County Clerk and Recorder. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County and Property Owner. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work after prior written notification to Property Owner and at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. All Off -Site Improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. 4306400 Pages: 6 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County, CO liii 1 �1�� R� I� le itil kvizk'nu1vil'ah 11111 n� ,f 13 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of Off -Site Improvements, as described in this Agreement; (2) Warranty Collateral is required for all Off -Site Improvements during the two-year warranty period; and (3) Road Maintenance Collateral (if applicable) to be kept in place for the life of the permit/project. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 1.3 Road Maintenance Collateral If required by this Agreement, Road Maintenance Collateral shall be submitted at the time of approval of this Agreement. Road Maintenance Collateral is held for use on roads associated with designated haul/travel routes. The submitted amount shall be $3,600 for developments with paved designated haul/travel routes, or $2,400 for developments with unpaved designated haul/travel routes. 2.0 Form of Collateral. Collateral may be in any form permitted by Chapter 2, Section 3 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for Off -Site Improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 4506400 Pages: 7 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO B 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Off -Site Improvements: 1.0 Acceptance of Off -Site Improvements. Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection, Approval, and Acceptance Process, 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the 4506400 Pages: 8 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Kopper, Clerk and Recorder, Weld County, CO 11111 z deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.2 Placement of Improvements into Service Prior to County Approval. If approved by the County, portions of the improvements may be placed in service, when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and Property Owner is not in default pursuant to the terms of this Agreement. D. Access and Ri2ht-of-Wav Permits: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) calendar days within which to either cure the violation or demonstrate compliance or, demonstrate that compliance is not possible within fifteen (15) calendar days and the Property Owner is taking appropriate steps to remedy the matter. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 4°306400 Pages: 9 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III f 13 2.3 Court Action. Upon written notice of violation and failure to cure within the time permitted by this Agreement, County may seek relief in law or equity by filing an action in the Weld County District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access Collateral described in Part II.B of this Agreement for the purpose of completing improvements required by the Construction Plans. 2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed or unless otherwise agreed by the parties in writing. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. K. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. Consent to a delegation will not be unreasonably withheld. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, 4506400 Pages: 10 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO lIII IKAT IVWPCO iMiir P.MI RITM h Bill f13 transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability, loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the negligent and/or willful acts of Property Owner, and pay any and all judgments rendered against the County as a result of the negligent and/or willful acts of the Property Owner, notwithstanding section 7.0 above. All contractors and other employees engaged in construction of the improvements by Property Owner shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. Each party is to bear the cost of its negligent or willful acts. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's 450640 20 19 03:02ges11 PM RFee $0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 11111 1f13 obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4506400 Pages: 12 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 liiirs>rRITA ilikell IC RIM 10i:I Page 12 of 13 PROPERTY OWNER: WASTE MANAGEMENT OF COLORADO, INC. James A. Wilson, Vice President By: LESSEE (IF APPLICABLE): By: Name: Title: STATE OF ILLINOIS ) ) SS: COUNTY OF DUPAGE ) Date Date 2©iq OFFICIAL SEAL VIDYA SHIRISH DARSHANE NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:10/21/19 I, the undersigned, a Notary Public in and for said County and State, do hereby certify that James A. Wilson, personally known to me to be a Vice President of Waste Management of Colorado, Inc. and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as Vice President pursuant to authority given by the Board of Directors of said corporation as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes set forth therein. WITNESS my hand and official seal. My commission expires: ( C Notary Public `Z//20/ti WELD COUNTY: (� ATTEST: .4trAtA) (:.;ok Weld ' o . Clerk to the Board B Deputy BOARD OF COUNTY COMMISSIONERS W ie D COUNTY, CO J ORADO i i to - 7/016400 / 2019 03 : 02�13 PM R 07Fee:$0.00 $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO .11 fed Ill NYidWA ill I IC IA Ira 1144�l �,Il�d'+i h �I II Barbara Kirkmeyer, Chair 'JUL IC D. ru 1 -f13 This Letter is Exhibit E and includes Exhibits A and B (see chart below) WASTE MANAGEMENT Energy Services June 29. 2018 Evan Pinkham Development Review Planner Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3727 WASTE MANAGEMENT OF COLORADO, INC. 5500 South Quebec Street, Suite 250 Greenwood Village, CO 80111 (303) 486-6063 (303) 347-6315 Fax www.wmsolutions.com RE: Waste Management Improvements & Road Maintenance Agreement Cost Estimate and Construction Schedule for Buffalo Ridge Energy Services Facility Improvements under Waste Management of Colorado, Inc. - USR-14-0080 Mr. Pinkham, This letter shall serve as the official notice of the Waste Management Improvements & Road Maintenance Agreement Cost Estimate and Construction Schedule for Buffalo Ridge Energy Services Facility Improvements under Waste Management of Colorado, Inc. - USR-14-0080. Provided below is our outline of both, and we are requesting this letter/memo be officially amended into the final Improvements & Road Maintenance Agreement for the Buffalo Ridge Energy Services Facility Improvements under Waste Management of Colorado. Inc. - USR-14- 0080. The following table presents the estimated costs and schedule for the Deceleration/Turn lane from Weld County Road 18 onto Market Street, and for the Asphalt Overlay of a 2.5 Mile section of Weld County Road 59 and Weld County Road 18. A B Improvements & Road Construction Schedule Improvements under Waste Maintenance for Buffalo Management 0080 Agreement Ridge Energy of Colorado, Cost Services Estimate Facility Inc. - USR-14- and Estimated Costs WM Estimated Responsible Percentage WM Amount Dollar Date to Completed By Work be Turn/Deceleration Lane from WCR 18 to Market St Design and Permitting $30,000 100% $30,000 12/31/2020 Right of Way (ROW) $50,000 100% $50,000 12/31/2020 Utilities $50,000 100% $50,000 12/31/2021 Construction $750,000 58% $435,000 12/31/2021 Overlay for WCR 59/18 5 inch Overlay - 2.5 Miles $1,125,000 58% $652,500 12/31/2021 Contingency 10% Contingency 100% $121,750 12/31/2021 Total $2,005,000 WM Total $1,339,250 Upon Acceptance of Recording of the WM to Provide Collateral on Project via Bond Agreement Note: WM will share in these costs 'proportionally to utilization' as discussed with Weld County. The 58% is just an estimate to determine an approximate collateral amount, based on 2016/2017 Traffic Studies. 4506400 Pages : 14 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO III Mh'Ail PLIIPAM aligki 111111 02-40 /9'eoUco2e) As the above table shows, Waste Management plans to complete Turn/Deceleration Lane design, permitting, and right-of-way acquisition in 2020, at an estimated cost of $80,000. In 2021, Waste Management plans to complete utility work at an estimated cost of $50,000. Additionally, in 2021, Waste Management plans to complete construction of the Turn/Deceleration Lane and the Overlay for the estimated cost of $1,875,000, of which Waste Management will participate in costs proportional to its use. Please let us know what else you may need to continue to move towards finalizing the Waste Management Improvements & Road Maintenance Agreement Cost Estimate and Construction Schedule for Buffalo Ridge Energy Services Facility Improvements under Waste Management of Colorado, Inc. - USR-14-0080. Sincerely, Jason T. Chan Director Energy Services Waste Management of Colorado, Inc Cc: WM Files 4506400 Pages: 15 of 21 0 07/17/2019 03:02 PRecorder, County CO Carly Koppe5 , Clerk and � ��,I III III w d� �'�'� 4506400 Pages: 16 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO IllifMniuliVISOLIOCKWEriptinti GENERAL SOILS CLASSIFICATION THE FOLLOWING INFORMATION IS PROVTDFO FROM THE TifOTVCHNJCAI FNlfbELRlt{L_ REF'Uffi PREPARFC Br - v F EARNER GEOTECHNICAL PROJECT NO. 14.2' 223 DATED DECEMBER 8. 2417 NATIVE CLAYEY SAND TO SILTY SAND WAS ENCOUNTERED IN THE UPPER 16 TO 23 FEET OF THE SUBSURFACE SOIL PROFILE LEAN CLAY WITH VARYING AMOUNTS OF SAND WAS ENCOUNTERED UNDERLYING THE SAND AND EXTENDED TO THE DEPTH OF EXPLORATION WITH THE EXCEPTION OF BORING NO. 4. SEDIMENTARY CLAYSTONE BEDROCK WAS ENCOUNTERED UNDERLYING THE CLAYS IN BORING NO. 4 AT A DEPTH OF ABOUT 33 FEET BELOW ExIS1ING SITE GRADES. THE BEDROCK EXTENDED TO THE DEPTH EXPLORED IN THE BORING. I1�E FOLLOWING INFORMATION WAS OBTAINER FR3M 11* UNITED STATES DEPARTMENT .DE AGRICULTURE NATURAL RESOURCES CONSERVATION SERY(LWEBSITE ON MARCH 7F$. 2018 - FOR WELD COUNTY, COLORADO, SOUTHERN PART LCO61 8) SURFACE SOIL IS OSGOOD SAND, 0 TO 3 PERCENT SLOPES. NO OTHER DATA. INCLUDING AGRICULTURAL CAPABdITY CLASSIFICATIONS. WAS PROVIDED. FLOOD ZONE DESIGNATIOK FLOOD NOTE THE SUBJECT PARCEL LIES WITHIN ZONE 'x_ AREAS DETERMINED TO BE OUTSIDE 0 2% ANNUAL CHANCE FLOODPLNN, PER FEDERAL FLOOD INSURANCE RATE MAP FOR WELD COUNTY, COLORADO MAP NO. 08123C1575E, EFFECTIVE DATE: JANUARY 20. 201E.. GENERAL REQUIREMENT NOTE§ t AREAS OF MODERATE OR SEVERE SEAL LIMITATIONS- Sir NOTE ABOVE 2.MAM SIGN TIES ON A PRIVATE ROAD AND AS SUM SETBACKS ARE NOT APPLICABLE. 3. THERE ARE NO KNOWN C*MttX]CAL HAZARD AREA(S), 4. PROPOSED LIGH11NG SHOWN ON SHEET 5 OF d; LIGHTING DETAILS NOT PROVIDED. 5.TRACKING CONTROL PROVIDED PER PRIVATE ACCESS ROAD. 6. AREAS OF LOCAL MINERAL RESOURCES: AS NOTED AND SHOWN HEREON 7 THIS AREA IS NOT A GEOLOGIC HAZARD AREA. LEGAL DESCRIPTION A PORTION OF SECTION 26 AND 35. TOWMSHIP 3 NORTH, RANGE 64 WEST AM) A PORTION OF SECTIONS 2 ANt II, TOWNSHIP 2 NORTH, RANGE 64 WEST or NE 61H P M , WELD COUNTY, COLORADO N 2000 C 2000 4000 8000 SCALE IN FEET 0 _i l °)8 LANDFILL Up PERMIT OOUNOMY I, v 'I • iJ I*, WANT[ MANAGEMENT _ 1. ' ' PRVTR TY OWN°ASY N� I�r- �. la 1 33 W tl ti _Id IA --,^^' eT-- 7 rte/ Jet' (RARROA0 > .1OMi n rick a use at kO DART LANDFILL USR PERRY BOUNDARY C I LAND►I LL FOOTPRINT le: ' V — LAeenu. FAcUTY �ctoFF10E 1 • I 4 LA40F1LL ACCESS AC N. LANDFILL (S wpmrT nice LANDFILL use PERMT emcee n f ' • C� ) I\ 1111NNn� YANAWPIT 1 .\ !R BO{MIOiMt� • ...Ally MANAGEMENT Itts. I • o \ -•0 '•S `AMIADMWAMMI Min VISOIDIDO TV \� 25 • INJEC WELL LOCATION ACCESS ROAD 6 (AUGMENT MAY VARY) PROW SCD PROCESSING FACIUTY MAUL ROAD (ALIGNMENT MAY VARY) 2 BUFFALO MIDGE BERG? SERVICES FACILITY BEGIN PRIVATE ROAD LAID COUNTY ACLESS PERMIT /API5-0O5Is COORS OPERAT10N5 OFFICE AND SHOP t1 COORS ENERGY COMPANY SCR 59 - ,0' R/G11-OF-WAY OECLARW A %AUG ROAD ON 7 -e -'ego RECEPTION NUMBER 37257. 7-1e-1640 • A-1 ORGANICS r✓r .l t A -I ORGANICS, OF%ICES SEE SHEET 5 FOR ADDITIONAL DETAILS ass...1 PROPOSE° WILDING I• otu 1 \I i EMERGY sown FAOLITY LSR 14. 40.0 I PERMIT OOHOMty r t t • Sal • WASTE MANAGEMENT THIS DOCUMENT AND TINE INFORMATION CONTAINED HEREIN IS THE PROPERTY Or WASTE MANAGEMENT ('MIEN'), THIS DOCUMENT IS, AND CONTAINS. CONFIDENTIAL AND TRADE SECRET INFORMATION OF WN. REPRODUCTION, DISCLOSURE OR USE THEREOF IS PERMISSIBLE ONLY AS PROMOTED 9V CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN WRITING BY WM. THIS DOCUMENT IS LOANED FOR LIMITED PURPOSES ONLY. AND REMAINS 114E PROPERTY OF MA, IT is TO BE RETURNED UPON REQUEST AND IN ALL EVENTS UPON COMPLETION OF THE PURPOSE OF THE LOAN, Revisions No. 0 Description Dote By Approved By. FAX Checked By. SLB Drown BY SLP KEY MAP 1 5000' NOTE: SEE SHEET 5 OF 6 FOR PROPOSED ENERGY FACILITIES DETAIL PROPERTY OWNER'S CERTIFICAT ION THE UNDERSIGNED MAJOR PROPERTY OWNER(S) DO HEREBY AGREE TO THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS AS DESCRIBED HEREON THIS ____ DAY OF 20 SIGNATURE SIGNATURE PLANNING COMMISSION CERTIFICATION THIS IS THE CERTIFY THAT THE SELO COUNTY PLANNING COMMISSION HAS CERTIFIED AND DOES HEREBY RECOMMEND THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY COLORADO. FOR ITS CONFIRMATION, APPROVAL AND ADOPTION SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AS SHOWN AND DESCRIBED THEREON THIS OF 20 CHAIR. WELD COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAI THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY. COLORADO. DOES HEREBY CONFIRM AND ADOPT THIS SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AND DEVELOPMENT STANDARDS AS SHOWN AND DESCRIBED HEREON THIS DAY OF , 20 _ CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK TO THE BOARD BY: DAT ED: DEPUTY CLERK TO THE BOARD Project Location: BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO USR14-0080 VICINITY MAP TO THIS DAY Drawing No, Scale: As Shown Dote: MICH 201 Sheet Number: 1 OF 6 4506400 Pages: 17 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO i II DA NU'I'IWVIFJ4ivJ, KEY MAP "-5000' ti :6^ ss— v.tII 3 iNCET . LEGEND MI IN NOT TOWNSHIP / RANGE LINE PROPERTY LINE uSR PARCEL UNE SECTION LINE (CEMENT LINE, AS NOTED EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR IMPROVED GRAVEL ROAD EXISTING FENCE SECTION CORNER PUBLIC SERVICE COMPANi Oil/GAS WELL NEW UCIh1T POLE (RE: MEP) TRAFFIC FLOW DIRECTION ARROW H- Ui LL.I W (n W //. // I. >a lI I /I I Y —Y f �— I ACCESS TO THE SITE WILL UUUZE PRIVATE PROPERTY AND UNMAINTAINED COUNTY RIGHT —Of —WAY AND MAINTENANCE Cr THE PRIVATE PROPEROR COUNTY RIGHT-OF-WAY MALL NOT BE THE RESPDNSIBIUTY OF WELD COUNTY. 2. RIGHTS- OF -WAY FON COUNTY ROADS 30 FEET WIDE ON EACH SIDE OF SECTION AND TOWNSHIP / RANGE LINES AS ESTABLISHED BY ORDER OF DIE BOARD Of COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. to P u 0 J iu ( D I 4` -.-•.rte.-1'.•-y. 1 Ni '40.39"W 2659.4I' - 8 I at 336 •--• *dm r 1 C • Y SO0'52.15"E 2640.92 300 0 300 SCALE IN FEET 600 900 • WASTE MANAGEMENT THIS DOCUMENT ANO INC IMORMAi1ON CONTAINED HEREIN IS THE PROPERTY Or WASTE MANAGEMENT rWMl. THIS DOCUMENT IS. AND CONTAINS, CONFIDENTIAL AND TRADE SECRET INFQRMATIQN CF WM, REPRODUCTION, DISCLOSURE OR USE THEREOF IS PERMISSIBLE ONLY AS PROVIDED BY CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN WRITING BY WM. THIS DOCUMENT iS LOANED FOR UMITED PURPOSES ONLY. AND REMNNS THE PROPERTY OF wM. IT IS TO BE RETURNED UPON REQUEST AND IN ALL EVENTS UPON COMPLETION or THE PURPOSE OF THE LOAN. Revisions No. Description Dote By Approved By. FAK Checked 8y. SLB Drown By SLP Project Locator BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO USR14-0080 PLATE 2 ()rowing No. Score: AS Shown Dote: MARCH 10Te Sheet Number: 20F6 0 C9 as CJI Iao NC9 -sin Go 19 a Le (113 -0w tra a 3 ars m o Xi O,1CD icea a t 0 a r o 'm+ c K:(-• r,■ I I YMI C L D I I F I C —SEC :7 — SEC SEC 1 SE 10 -- � �» .wi "rq'(M,' 0/., .,A.. SL ",rtt^I — --.. , SI-1C-E T .+— kb -1 �s T 'eta 1 IIrS C III KEN' MAP 1.=S000. LEGEND INN P.5 -CO. • k TOWNSHIP f RANGE LINE PROPERTY LINE t1Sk PARCEL LINE SECTION LINE EASEMENT ONE, AS NOTED EXISTINu, INDEX CONTOUR EXISTING INTERMEDIATE COMIOt-IR IMPROVED GRAVEL ROAD EXISTING FENCE SECTION CORNER PUBLIC SERVICE COMPANY O4t./GAS WELL NEW LIGHT POLE (RE• MEP) TRAFFIC FLOW DIRECTION APROW N V Z 96 33S NOT€ �•' �- . = :d'' �. T I, ACCESS TO THE SITE MALL UTILIZE PRIVATE PROPERTY AND UNMAINTAINED COUNTY RIGHT-OF-WAY AND MAINTENANCE OF THE PRIVATE PROPERTY OR COUNTY RIGHT-OF-WAY Ma NOT BE THE RESPONSIBILITY OF WELD COUNTY 2 RIGHTS OF WAY FOR COUNTY ROADS 30 FEET MADE ON EACH SIDE OF SECTION AND TOWNSHIP / RANGE LINES AS ESTABLISHED BY ORDER OF THE BOARD Ot COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOO': 86 AT PAGE 273. 4 to A Jet - BASIS OF BEARINGS T14/4r: 527311 rip 1 t 0 a. V Y g> Po � c .n3 2 I I . La ccr Z-2 N o U • 5O0'23'12"E ( �- 2637.1 I' I, \R\ *SEE SHEET 5 OF 6 r ...— 3 p .4- . tap \• - .z J ,w L" 7 • ' • • i ass a.4 AAA 1(' W 4 I SO'21'3t'E 5247.11 • • ' • - • I i i i i MATCH LINE SEE SHT 2 300 300 640900 SCALE IN FEET W • WASTE MANAIMEMIEWV THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN IS THE PROPERTY OF WASTE MANAGEMENT ('VIM'). THIS DOCUMENT IS, AND CONTAINS, CONFIDENTIAL AND TRADE SECRET INFORMATION CF M. REPRODUCTION, DISCLOSURE OR USE THEREOF IS PERMISSIBLE ONLY AS PROVIDED BY CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN WRITING BY VIM. THIS DOCUMENT is LOANED FOR UNITED PURPOSES ONLY. AND REMAINS THE PROPERTY of rM.IT IS TO BE RETURNED UPON REQUEST AND IN ALL EVEN TB UPON COMPLETWN or THE PURPOSE OF THE LOAN, Revisions No. Description Data By Approved By. FAK Checked By SLB Drown By. SLP Project Location: BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO USR14-OO8O PLATE 3 Drawing No. Scale: As Shown Dote: MARCH 201$ Sheet Number: 3OF6 .I _ o NB -43 S� pr t0 N nw IO _N� m73 sr O N to mea A as N loam re a 5 I I C 0 1 E SA:M1 . YAP/A•.2 YI N,,. PN,Y[F T' haINOAFI SE4- 2 SET 'LC 35 -0- SAC SNEtT a SEC SHEET 2 II KEY MAP 16=5000' _some z - LEGEND NOTE P.S.CO- • k csommos TOWNSHIP / RANCE LINE PROPERTY LINE USR PARCEL UNE SECTION LINE EASEMENT LINE, AS NOTED EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR IMPROVED GRAVEL ROAD EXISTING FENCE SECTION CORNER PUBLIC SERVICE COMPANY OIL/GAS WELL NEW LIGHT POLE (RE• MEP) TRAFFIC FLOW DIRECTION ARROW 1, ACCESS TO THE SITE WILL UTILIZE. PRIVATE PROPERLY AND UNMAINTAINED COUNTY RIGHT-OF-WAY AND MAINTENANCE OF THE PRIVATE PROPERTY OR COUNTY RIGGHT-OF-WAY WILL NOT BE THE RESPONSIBILITY OF WELD COUNTY. 2. RIGHTS -OF -WAY FOR COUNTY ROADS 3U FEET WIDE ON EACH SIDE OF SECTION AND TOWNSHIP / RANCE LINES AS ESTABLISHED BY ORDER OF THE BOARD Of COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 300 600 900 SCALE IN rEET • ,'I% Ai U N co z `. 5_00'2_5'1 6't I 4 SOO'04'40.W _ ▪ 1318.14' '$ 1296.02' (C).• z N CO N l 1� /'ti. I 1 I Iii i v I I get \`._•_ S00'15'34T S. _t • 2641.02' f .J - I— < 0 Q ti! 2 Q oF- rw s —'—'�"— 1323.18 • ere r '. w U to N U] SOO'14'57"E .•�T"r-.--.�. T N•• cg 33S r !JP:.N SA[Y '477 25.. .20 WASTE MANAISEIIIIIENT THiS DOCUMENT AND THE INFORMATIoN CONTAINED HERON IS THE PRoPERTY or WASTE mANAGEMENT else). THIS DOCUMENT IS, AND CONTAINS, CONFIDENTAL AND TRADE SECRET INFORmATION wM. REPRODUCTION, DISCLOSUFtE OR USE THEREOF IS PERMISSIBLE ONLY 4 PROVIDED BY CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN wRITING BY WV. TN'S 000..s•ENT is LOANED FOR uMilED PURPOSES ONLY. AND REMAINS THE PROPERTY OF W. IT IS TO BE RETURNED UPON REQUEST AND IN ALL EVENTS UPON COMPLETION Or THE PURPOSE Or THE LOAN. Revisions No. Description Dote By Approved By FAK Checked By: SLB Drown By: SLP I,• N• i-, ' i§i / 41 ;`'1c'?;Ki SO'16'14'E 2646.83' —'� '• ANYdIV00 A'0S3N3 SaJ0Q0' ' I 1 .-. ,nee V p MATCH LINE -SEE SHT 3 i f'' .7 i' , r / • Project Location: BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO .I JILT gal Uj,D� N � i fits,Z�Z Q ter. V _Q V D NFPZ • -r, (1 PLATE 4 / { z. 2637.72' Drawing No. Scale: As Shown Dote: MARCH 201$ Sheet Number: I N LEGEND NOTE P.S.CO. • SECTION LINE EASEMENT LINE. AS NOTED EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR IMPROVED GRAVEL ROAD EXISTING FENCE SECTION CORNER PuBUC t.ERVICE COMPANY OIL/GAS WELL NEW LIGHT POLE (RE: MEP) TRAFFIC FLOW DIRECTION ARROW SHEET FLOW DIRECTION �o0Si r4CD a .I_ ONO min CD IS oW �„Nlr C Dm- o 3• .Maw v mt.) o T1 G -A aA 0 1 _ 'IA0 N CD sD a — PROPOSED OPERATIONS & MAIN TENANCE BUILDING ACCESS TO THE SITE WILL UTILIZE PRIVATE PROPERTY AND UNMAINTATNED COUNTY RIGHT-OF-WAY AND MAINTENANCE OF THE PRIVATE PROPERTY OR COUNTY RIGHT-OF-WAY WILL NOT BF THE RESPONSIBILITI' OF WELD COUNTY. 2. RIGHTS OF WAY FOR COUNTY ROADS 30 FEET WIDE ON EACH SIDE OF SECTION AND TOWNSHIP / RANGE LINES AS ESTABLISHED BY ORDER OF THE BOARD Of COUNTY COMMISSIONERS FOR WELD COUNTY. RECORDED OCTOBER 14. 1889 IN BOOK 88 AT PAGE 273 3. LOCATION AND TYPE OF 'TRAFFIC CONTROL SIGNS MAY CHANGE BASED UPON OPERATIONAL NEEDS 100 0 100 t 200 300 SCALE IN FEET C 1 D r• / ' /le (x • ~ , BERN / LOCATION or PROPOSED Laic ' I e ..�� 1 , i / TREATMENT FAULTY/ SOLIDS ,CEILIFJRJJ� TREATMENT FACILITY EXPANSION„ /, LOCATION AND FACILITY AREA •'NEWi30. COOT /MAY VARY $THIN ME . BOUNDARIES ESTABU94ED ' - .'1 e 7 IN USR14-0080 V r s NEW 4e- AIDE ENTRY/EAT DRIVEWAY WITH ACCESS GATE r NEW 2C RCP CULVERT k DITCH GRADING DMitc 11ON ( TYPICAL) -NEW DITCH Z` NEW 3" ELEC CONOUIT -PRoroSEo sacs PROCES9NO FAULTY PROPOSED FRAC- TANKS MID PQLL-OFFS MAY BE e•1URED AND/OR STAGED AROUND THE FACILITY { k MAIN I ANOE1U. ACCESS ROAD SKIS TING Oa (CH 1 c U.S. PATEN1 BOOK 398. PAGE 227 (W 1/2. NE 1/4, SEC. 2) r E AT TERNARY RASP BY CONTRACTOR) PROPOSED SCALE -/ HOUSE 30 CU. YD. POLL OFT CONINNER EmST DITC1 FUTURE CEP RC TANK rOR ni RAW 90 (RE: OWTS1 RIPRAP (TYPICAL) s'a). /Exist OTTO( - • k k TITS DocumENT AND THE MIFDRMATIGN CONTAINED HEREIN is THE PROPERTY of WASTE MANAGEMENT rwl. THIS DOCUMENT IS. AND CONTAINS. COWMEN AND TRADE SECRET INFORMATION OF WM. REPRODUCTION. DISCLOSURE OR uSE THEREOF 4 PERMISSIBLE ONLY AS PROVIDED BY CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN WRITING BY WM. THIS DOCUMENT IS LOANED FOR LIMITED PURPOSES ONLY. AND REMAINS THE PROPERTY OF MI. IT IS TO BE RETURNED UPON REQUEST AND IN ALL EVENTS UPON COMPLETION or THE PURPOSE Or THE LOAN. F --NEW "ADA PARKING SIGN 1 .}/ PARKING pRA(ES NEW SAN SwR LINE • NEW se WWOE 1 ENTRY/EXIT DRtyEWAV NEW 24" RCP CULVERT 44v •'•-! Description Dote ay Checked By. SLB Drown By: SLP 70 C71. YD. - ROCL OFT CONTAINER PROPOSED FRAC-TANKS AND ROLL -GEES MAY BE STORED AND/OR STAGED AROUND 111E FACILITY TRI'CV PARKING EXIST FENCE BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO G IACCLSS EASEMENT RECEPTION NO 02303777 r, ea I Drawing No. USR14-0080 PLATE 5 H SEC110N NOT C SE C T 3! FOUNT I 1 Scale: Dote: As Shown wARfl4 m1$ Sheet Number: 5OF6 4506400 Pages: 21 of 21 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County, III ArdITTU1/2iiilitiVAINAF.11LiffKiPiakligiii, I III NOTES F G 1. THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT. USR14-0080, IS FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (SOLIDS TREATMENT AND BENEFICIAL REUSE OF COMMERCIAL EXPLORATION AND PRODUCTION WASTE AND OTHER APPROPRIATE NON -HAZARDOUS WASTE STREAMS, INCLUDING CEMENTS AND OTHER NON -HAZARDOUS SOLID WASTE WITH FREE WATER OR LIQUIDS. OIL WATER SLURRIES. HIGH OIL CONTENT SLURRIES. PRODUCED WATER/TLOWBACK FROM EXPLORATION AND PRODUCTION WELLS. AND DRILLING FLUIDS (MUDS), ALONG WITH AN OIL AN AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY -- SALTWATER IN.ECT1ON FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT, SUB,ECT TO THE DEVELOPMENT STANDARDS STATED HEREON. 2. APPROVAL OF THIS PLAN MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO SECTION 23-8-10 OF THE WELD COUNTY CODE. S. THE HOURS OF OPERATION ARE 24 -HOURS A DAY. 365 DAYS A YEAR. 4. THE PARKINCi AREA ON THE SITE SHALL BE MAINTAINED. ALL SIGNS SHALL ADHERE TO CtIAPTER 23, ARTICLE iv, DIVISION 2 AND APPENDICES 23-C, 23-0 AND 23-E OF THE WELD COUNTY CODE 5. 6. THE PROPERTY OWNER OR OPERATOR SHALL PROVIDE WRITTEN EVIDENCE OF AN APPROVED EMERGENCY ACTON AND SAFETY PLAN. ON OR BEFORE MARCH 15TH. OF ANY GIVEN YEAR SIGNED BY REPRESENTATIVES FOR THE FIRE DISTRICT AND THE WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT TO THE DEPARTMENT OF PLANNING SERVICES. 7. THE FACILITY SHALL OPERATE IN ACCORDANCE WITH THE APPROVED ENGINEERING DESIGN AND OPERATIONS PLAN (EDOP). MODIFICATIONS TO THE ENGINEERING DESIGN AND OPERATIONS PLAN MAY BE REQUIRED DUE TO DEVIATIONS FROM THE APPROVED USE AT THE FACILITY AND/OR REGULATORY CHANGES. IF SUCH CHANGES OCCUR. APPROVAL Of THE MODIFICATION WILL BE REQUIRED FROM THE HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION OF THE. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND WCDPHE. CHANGES TO THE EDOP MAY REQUIRE AN AMENDMENT TO THE USR. 8. OPERATIONS WILL NOT EXTEND PAST CERTIFICATE Of DESIGNATION BOUNDARIES OF THE PROPERTY 9. THE CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS FOR USRI4-0080 FACILITY SHALL BE INCORPORATED INTO THE CERTIFICATE OF DESIGNATION 10. THE FACIUTY SHALL SUBMIT EVIDENCE TO THE WELD COUNTY DEPARTMENT Of PUBLIC HEALTH AND ENVIRONMENT (CDPHE), AND PRIOR TO THE ACCEPTANCE OF WASTE THAT FINANCIAL ASSURANCE HAS BEEN ()BINNED IN ACCORDANCE WITH COPHE REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES 11 NO PERMANENT DISPOSAL OF WASTES SHALL BE PERMITTED AT THIS SITE. THIS IS NOT MEANT TO INCLUDE THOSE WASTES SPECIFICALLY EXCLUDED FROM THE DEFINITION OF A SOLID WASTE IN THE SOLID WASTES DISPOSAL SITES AND FACIUTIES ACT, SECTION 30-20-100 5. C R.S. 12 THE FACHJTY SHALL RECEIVE AND MANAGE ONLY THOSE MATERIALS THAT ARE DESCRIBED IN THE APPROVED COOP AND MATERIALS APPROVED IN ACCORDANCE WITH THE WASTE IDENTIFICATION PLAN INCLUDED IN THE EDOP. 13. ALL WASTES RECEIVED AT THE FACILITY SHALL OE UNLOADED ON THE UNLOADING PAD. THE UNLOADING/LOADING PAD LEAK DETECTION SYSTEM SHALL BE CONSTRUCTED AND OPERATED IN ACCORDANCE WITH THE APPROVED DESIGN. THE UNLOADING PAD WIIL BE KEPT IN GOOD CONDITION AND CLEANED AT A FREQUENCY THAT PREVENTS OILS AND OTHER WASTES FROM BUILDING UP ON THE PAD. 14. SHOULD RECYCLING OR BENEFICIAL USE ACTIVITIES OCCUR AT THE FACILITY, THE FACILITY SHALL OPERATE IN ACCORDANCE WITH THEIR APPROVED EDOP. 15. ALL LIQUID AND SOLID WASTES (AS DEFINED IN THE SOLID WASTES DISPOSAL SITES AND FACILITIES ACT. SECTION 30-20-100.5. C.R.S.) SHALL BE STORED AND REMOVED FOR FINAL DISPOSAL 114 A MANNER THAT PROTECTS AGAINST SURFACE AND GROUNDWATER CONTAMINATION. 16. WASTE MATERIALS SHALL BE HANDLED. STORED, AND DISPOSED OF IN A MANNER THAT CONTROLS FUGITIVE DUST, FUGITIVE PARTICULATE EMISSIONS. BLOWING DEBRIS. AND OTHER POTENTIAL NUISANCE CONDITIONS. THE FACIUTY SHALL OPERATE IN ACCORDANCE WITH THE APPROVED EDOP AND WITH CHAPTER 14. ARTICLE I, OF THE WELD COUNTY CODE, AT AU. TIMES 17. FUGITIVE DUST SHALL ATTEMPT TO BE CONFINED ON THE PROPERTY USES ON THE PROPERTY SHALL COMPLY WITH THE COLORADO AIR QUALITY COMMISSION'S AIR QUALITY REGULATIONS 18. A SPILL PREVENTION. CONTROL ANt) COUNTERMEASURE PLAN, PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION 40 CFR, PART 112, SHALL BE AVAILABLE ON -SITE. 19. THE APPLICANT SHALL SUBMIT AN AIR POLLUTION EMISSION NOTICE (A.P.E.N.) AND EMISSIONS PERMIT APPLICATION AND OBTAIN A PERMIT FROM THE AIR POLLUTION CONTROL DIVISION, COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AS APPLICABLE. 20. ALL STORMWATER, WHICH HAS COVE INTO CONTACT WITH WASTE MATERIALS ON THE SITE, SHALL BE CONFINED ON THE IS NOT ADEQUATELY CONTROLLED ON THE SITE. UPON WRITTEN NOTIFICATION FROM THE WELD COUNTY DEPARTMENT (WCDPHE) OR CDPHE. A COMPREHENSIVE SITE -MADE STORMWATER PLAN SHALL BE DEVELOPED AND IMPLEMENTED. THE BY THE WCDPHE OR CDPHE, PRIOR TO IMPLEMENTATION. SITE. IN THE EVENT THE STORM WATER OF PUBLIC HEALTH AND ENVIRONMENT PLAN MUST BE APPROVED. IN WRITING. 21 SECONDARY CONTAINMENT SHALL BE CONSTRUCTED AROUND TANKS TO PROVIDE CONTAINMENT FOR THE LARGEST SINGLE TANK AND SUFFICIENT FREEBOARD TO CONTAIN PRECIPITATION SECONDARY CONTAINMENT SHALL BE SUFFICIENTLY IMPERVIOUS TO CONTAIN ANY SPILLED OR RELEASED MATERIAL SECONDARY CONTAINMENT DEVICES SHALL BE INSPECTED AT REGULAR INTERVALS AND MAINTAINED IN GOOD CONDITION. ALL SECONDARY CONTAINMENT WILL COMPLY WITH THE COLORADO OIL AND GAS CONSERVATION (C n)CC) COMMISSION RULES AND/OR THE PROVISIONS OF THE STATE UNDERGROUND AND ABOVE GROUND STORAGE TANK. REGULATIONS. GOOD CONDITION. ALL SECONDARY CONTAINMENT WILL COMPLY WITH THE COLORADO OIL AND GAS CONSERVATION (COGCC) COMMISSION RULES AND/OR THE PROVISIONS OF THE STATE UNDERGROUND AND ABOVE GROUND STORAGE TANK REGULATIONS. 22. ANY VEHICLE OR EQUIPMENT WASHING AREAS SHALL CAPTURE ALL EFFLUENT AND PREVENT DISCHARGES IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE WATER QUALITY CONTROL COMMISSION. AND THE ENVIRONMENTAL PROTECTION AGENCY. 23. ALL POTENTIALLY HAZARDOUS CHEMICALS USED ON- SITE MUST BE HANDLED IN A SAFE MANNER IN ACCORDANCE WITH PRODUCT LABELING. ALL CHEMICALS MUST BE STORED SECURE. ON AN IMPERVIOUS SURFACE. AND IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS, 24. ANY STAINED OR CONTAMINATED SOILS AT THE FACILITY SHALL BE DISPOSED OF IN ACCORDANCE WITH APPLICABLE RULES AND REGULATIONS. ANY REPORTABLE SPILLS WILL BE REPORTED AND DOCUMENTED IN ACCORDANCE WITH ALL STATE AND FEDERAL REGULATIONS AND RECORDS WILL BE KEPT ON -SITE FOR THE WCDPPE REVIEW UPON REQUEST. 25. THE WCDPHE WILL BE NOTIFIED PRIOR TO THE CLOSURE OF THE FACILITY. UPON SITE CLOSURE. THE FACIUTY WILL COMPLY WITH THE CLOSURE PLAN OUTLINED IN THE APPROVED EDOP. DOCUMENTATION OF CLOSURE ACTIVITIES WILL BE. PROVIDED TO WCDPHE. W • IR ASTE MSUMAC ERN ENT THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN is THE PROPERTY or WASTE MANAGEMENT ('NM'). TMS DOCUMENT IS, AND CONTAINS, CONFIDENTIAL AND TRADE SECRET INFORMAPON OF WM. REPRODUCTION, DISCLOSURE OR USE THEREOF IS PERMISSIBLE ONLY AS PROVIDED BY CONTRACTOR OR AS EXPRESSLY AUTHORIZED IN wRITING BY WM. THIS DOCUMENT IS LOANED FOR LIMITED PURPOSES ONLY, AND REMAINS THE PROPERTY OF WM. IT IS TO BE RETURNED UPON REQUEST AND 14 ALL EVENTS UPON COMPLETION OF THE PURPOSE OF THE LOAN, SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USRI4-0080 NOTES 26. ADEQUATE DRINKING, HANDWASHING AND TOILET FACILITIES SHALL BE PROVIDED FCR EMPLOYEES, AT ALL TIMES. FOR EMPLOYEES OR CONTRACTORS ON -SITE FOR LESS THAN TWO (2) CONSECUTIVE HOURS A DAY, AND TWO (2) OR LESS FULL TIME EMPLOYEES ON --SITE, PORTABLE TOILETS AND BOTTLED WATER ARE ACCEPTABLE, RECORDS OF MAINTENANCE AND PROPER DISPOSAL FOR PORTABLE TOILETS SHALL BE RETAINED ON A QUARTERLY BASIS AND AVAILABLE FOR REVIEW BY THE WCDPHE. PORTABLE TOILETS SHALL BE SERVICED BY A CLEANER LICENSED IN WELD COUNTY AND SHALL CONTAIN HAND SANITIZERS. 27. ANY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WITH ALL PROVISIONS OF THE WELD COUNTY CODE. PERTAINING TO ON -SITE WASTEWATER TREATMENT SYSTEMS. A PERMANENT. ADEQUATE WATER SUPPLY SHALL BE PROVIDED FOR DRINKING AND SANITARY PURPOSES. 28. THE FACILITY SHALL ADHERE TO THE MAXIMUM PERMISSIBLE NOISE LEVELS ALLOWTD IN THE INDUSTRIAL ZONE DISTRICT, AS DELINEATED IN SECTION 25-12-103 CRS 29. ANALYTICAL WASTE DATA AND ENVIRONMENTAL MONITORING DATA SHALL BE MADE AVAILABLE TO WCDPHE UPON REQUEST. THE WCDPHE RESERVES THE RIGHT TO REQUIRE ADDITIONAL. MONITORING AND MAY REQUIRE AN AMENDMENT TO THE USR 30. THE OPERATION SHALL COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS OF STATE AND FEDERAL AGENCIES AND THE WELD COUNTY COOS 31. SOURCES OF UCJHT SHALL BE SHIELDED SO THAT LIGHT RAYS WILL NOT SHINE DIRECTLY ONTO ADJACENT PROPERTIES WHERE SUCH WOULD CAUSE A NUISANCE OR INTERFERE WITH THE USE ON THE ADJACENT PROPERTIES IN ACCORDANCE WITH THE PLAN NEITHER THE DIRECT. NOR REFLECTED. LIGHT FROM ANY LIGHT SOURCE MAY CREATE A TRAFFIC HAZARD TO OPERATORS OF MOTOR VEHICLES ON PUBLIC OR PRIVATE STREETS. 32. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR CONTROLLING NOXIOUS WEEDS ON THE SITE, PURSUANT TO CHAPTER 15, ARTICLE I AND II, OF THE WELD COUNTY COOL 33. THE ACCESS TO THE SITE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO TI -E PUBLIC ROAD, INCLUDING DAMAGES AND/OR OFF -SITE TRACKING. 34, THERE SHALL BE NO PARKING OR STAGING OF VEHICLES ON PUBLIC ROADS ON -SITE PARKING SHALL BE IJT'LIZED 35. ANY ACCESS ALONG UNMAINTAINED COUNTY RIGHT-OF-WAY WILL NOT BE MAINTAINED BY WELD COUNTY. 36. THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS ON THE SITE WILL BE MAINTAINED. 37. WELD COUNTY IS NOT RESPONSIBLE FOR THE MAINTENANCE OF ON -SITE DRAINAGE RELATED FEATURES. 38. BUILDING PERMITS MAY BE REQUIRED, PER SECTION 29-3-10 OF THE WELD COUNTY CODE. CURRENTLY. THE FOLLOWING HAVE BEEN ADOPTED BY WELD COUNTY: 2012 INTERNATIONAL CODES. 2006 INTERNATIONAL ENERGY CODE. AND 2014 NATIONAL ELECTRICAL CODE A BUILDING PERMIT APPLICATION MUST BE COMPLETED AND TWO (2) COMPLETE SETS Of ENGINEERED PLANS BEARING THE WET STAMP OF A COLORADO REGISTERED ARCHITECT OR ENGINEER MUST BE SUBMITTED FOR REVIEW A GEOTECHNICAL ENGINEERING REPORT PERFORMED BY A COLORADO REGISTERED ENGINEER SHALL BE REQUIRED OR AN OPEN HOLE INSPECTION 39 THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOUR COMPLYING WITH THE DESIGN AND OPERATION STANDARDS OF CHAPTER 23 OF THE WELD COUNTY CODE. 40. NECESSARY PERSONNEL FROM THE WELD COUNTY DEPARTMENTS OF PLANNING SERVICES, PUBLIC WORKS. AND PUBLIC HEALTH AND ENVIRONMENT SHALL BE GRANTED ACCESS ONTO THE PROPERTY AT ANY REASONABLE TIME IN ORDER 10 ENSURE THE ACTIVITIES CARRIED OUT ON THE PROPERTY COMPLY WITH THE CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS STATED HEREIN AND ALL APPLICABLE WELD COUNTY REGULATIONS 41. THE USE BY SPECIAL REVIEW AREA SHALL BE LIMITED TO THE PLANS SHOWN HEREON AND GOVERNED BY THE FOREGOING STANDARDS AND ALL APPLICABLE WELD COUNTY REGULATIONS. SUBSTANTIAL CHANGES FROM THE PLANS OR DEVELOPMENT STANDARDS, AS SHOWN OR STATED. SHALL REQUIRE THE APPROVAL OF AN AMENDMENT OF THE PERMIT BY THE WELD COUNTY BOARD OF COUNTY COIWAMISSIONERS BEFORE SUCH CHANGES FROM THE PLANS OR DEVELOPMENT STANDARDS ARE PERMITTED. ANY OTHER CHANGES SHALL BE FILED IN THE OFFICE CF THE DEPARTMENT OF PLANNING SERVICES. C. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL OF THE FOREGOING DEVELOPMENT STANDARDS. NONCOMPLIANCE MATH ANY OF THE FOREGOING DEVELOPMENT STANDARDS MAY BE REASON FOR REVOCATION OF THE PERMIT BY THE BOARD OF COUNTY COMMISSIONERS. 43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: WELD COUNTY HAS SOME OF THE MOST ABUNDANT MINERAL RESOURCES. INCLUDING. BUT NOT LIMITED TO. SAND AND GRAVEL. OIL. NATURAL GAS, AND COAL UNDER TITLE 34 Of THE COLORADO REVISED STATUTES. MINERALS ARE VITAL RESOURCES BECAUSE (A) THE STATE'S COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO THE STATE'S ECONOMY; (B) THE POPULOUS COUNTIES Of THE STATE FACE A CRITICAL SHORTAGE OF SUCH DEPOSITS; AND (C) SUCH DEPOSITS SHOULD BE EXTRACTED ACCORDING TO A RATIONAL PLAN. CALCULATED TO AVOID WASTE OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE DISRUPTION OF THE ECOLOGY AND QUALITY OF ICE OF THE CITIZENS OF THE POPULOUS COUNTIES OF THE STATE. MINERAL RESOURCE LOCATIONS ARE WIDESPREAD THROUGHOUT THE COUNTY AND PERSON MOVING INTO THESE AREAS MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT. OFTEN TIMES, MINERAL RESOURCE SITES ARE FIXED TO THEIR GEOGRAPHICAL AND GEOPHYSICAL LOCATIONS MOREOVER. THESE RESOURCES ARE PROTECTED PROPERTY RIGHTS AND MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE. 44. WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES, TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE CF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF NEED COUNTY MAY BE OPEN AND SPACIOUS. BUT THEY ME INTENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS. INCLUDING CONFUCTS WITH LONG-STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL CF SERVICES THAN IN TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL AREAS: OPEN VIEWS, SPACIOUSNESS, WILDLIFE. LACK OF CITY NOISE AND CONGESTION, AND THE RURAL ATMOSPHERE AND WAY OF LIFE. WITHOUT NEIGHBORING FARMS. THOSE FEATURES WHICH ATTRACT URBAN DWELLERS TO RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER. AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS Of URBAN USERS INTO A RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES WILL GENERATE OFF -SITE IMPACTS. INCLUDING NOISE FROM TRACTORS AND EQUIPMENT; SLOW -MOVING FARM VEHICLES ON RURAL ROADS; DUST FROM ANIMAL PENS, FIELD WORK, HARVEST AND GRAVEL ROADS, ODOR FROM ANIMAL CONFINEMENT, SILAGE AND MANURE; SMOKE FROM DITCH BURNING; FLIES AND MOSQUITOES; HUNTING AND TRAPPING ACTIVITIES; SHOOTING SPORTS, LEGAL HAZING OF NUISANCE WILDLIFE; AND THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS, INCLUDING THE USE Of AERIAL SPRAYING IT IS COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS. A CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY. SECTION 35-3.5-102. C.R.S., PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FOUND TO BE A PUBLIC OR PRIVATE MJISANCE IF THE AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION. WATER HAS BEEN. AND CONTINUES TO BE, THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED 'OUT Of THE WAY' OE RESIDENTIAL DEVELOPMENT. WHEN MOVING TO THE COUNTY, PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES, LAKES OR OTHER STRUCTURES. UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER. WELD COUNTY COVERS A LAND AREA OF APPROXIMATELY FOUR THOUSAND (4.000) SQUARE MILES IN SIZE (TWICE THE SIZE OF THE STATE OF DELAWARE) WITH MORE THAN THREE THOUSAND SEWN HUNDRED (3,700) MILES OF STATE AND COUNTY ROADS OUTSIDE OF MUNICIPALITIES THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS Cr THE COUNTY, AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCE AND FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS, NO MATTER HOW OFTEN THEY ARE BLADED. WALL NOT PROVIDE THE SAME KIND Of SURFACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM, SERVICES IN RURAL AREAS. IN MANY CASES, WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES. RURAL DWELLERS MUST. BY NECESSITY. BE MORE SELF-SUFFICIENT THAN URBAN DWELLERS. PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN OR SUBURBAN SETTING. FARM EQUIPMENT AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS, HIGH-SPEED TRAFFIC, SAND BURS, PUNCTURE VINES, TERRITORIAL FARM DOGS AND LIVESTOCK AND OPEN BURNING PRESENT REAL THREATS. CONTROLLING CHILDREN'S ACTIVITIES IS IMPORTANT. NOT ONLY FOR THEIR SAFETY. BUT ALSO FOR THE PROTECTION OF THE FARMER'S LIVELIHOOD. Revisions No. Description Dote By Approved By. FAK Checked By. SLB Drown By SLP Project Locotlon: BUFFALO RIDGE LANDFILL KEENSBURG, WELD COUNTY COLORADO USR14-0080 DEVELOPMENT STANDARDS Drawing N0. Scale: Dote: As Shown MARCH 201e Sheet Number: 60F6 Bond Number: 82440823 Y PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name) Waste Management of Colorado, Inc., (address) 11655 Weld County Road 59, Keensburg, CO 80643, a (corporation, limited liability company, etc.) Corporation, organized under the laws of the State of Colorado, with its principal office located at (address) 11655 Weld County Road 59, Keensburg, CO 80643, hereinafter called "Principal", and (name of surety) Federal Insurance Company, of (address of surety) 202B Hall's Mill Road, Whitehouse Station, NJ 08889, hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of One Million Three Hundred Forty Two Thousand Eight Hundred Fifty and 00/100 Dollars ($ 1,342,850.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely (insert the specific permit and number - USR, SPR etc) USR14-0080 , and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated , with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals One Million Three Hundred Forty Two Thousand Eight Hundred Fifty and 00/100 Dollars, ($ 1,342,850.00), and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 1st day of August, 2018. Waste Management of Colorado, Inc. Principal OAA- Principa Secretary/ fitness Bianca Phillips (SEAL) By Title Misty righ ttorneyy-Zn-Fact (INSURANCE COMPANY NAME) Federa Insurance Compan By: Wit'e a as to Surety Deena'Bri3ges Melissa Fortier, 5555 San Felipe, Suite 1500 Address Houston, TX 77065 Address Attorney -in -Fact 5555 San Felipe, Suite 1500 Address Houston, TX 77065 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and appointed and do hereby appoint KD Conrad, Vanessa Dominguez, Melissa Fortier, Michael J. Herrod, Jennifer L. Jakaitis, Patricia A. Rambo, Wendy W. Stuckey, Amy Sustaire, Nancy Thomas, Lupe Tyler, Susan A. Welsh, Donna Williams, and Misty Wright of Aon Risk Services, Inc., each its true and lawful Attorney -in -fact to execute under such designation in its name, to affix the corporate seal approved by the WM Entities for such purpose, and to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds to the United States of America or any agency thereof, and lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts. The foregoing powers granted by the WM Entities shall be subject to and conditional upon the written direction of a duly appointed officer of the applicable WM Entity (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the applicable WM Entity when so affixed. IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by the SVP, Chief Financial Officer and Treasurer and its corporate seal to be hereto affixed. This power of attorney is in effect as of % k ,S }- ( , 201 R Witness: On behalf of Waste Management, Inc. and each of the other WM Entities Devina A. Rankin SVP, Chief Financial Officer and Treasurer Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Vanessa Dominguez, Melissa Fortier, Michael J. Herrod, Wendy W. Stuckey, Lupe Tyler, Lisa A. Ward, Donna L. Williams and Misty Wright of Houston Texas--------------- — — — — ---------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 8th day of March, 2017. Dawn Al. CH lotus Assistant Secretary STATE OF NEW JERSEY County of Hunterdon On this 8th day of March, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. Stephen M. Haney. Vice President Notarial Seal Ss. KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2318985 Commission Expires July 16, 2019 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 3O, 2O16: "RESOLVED. that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney - in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company. may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 5O of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 9/ t + 112.012 ,?. l 2 5 D E Dawn 19 Chi, ns.Assistant Seeretary9 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fa:. (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U GEN CONSENT (rev. 12-16) Cher:.. Hoffman From: Sitnt: T S ject: } I�, Attc eats: Tisa Juanicorena Thursday, June 06, 2019 2:58 PM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jay McDonald; Karla Ford BOCC PA REVIEW IA USR14-0080 Waste Management Signed IA and PA USR14-0080 Waste Mgmt.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement Case/Applicant: USR14-0080 Waste Management Please note: This will be a regular Agenda item based on the sizeable improvements and collateral. Thanks Karla!! Ilis Ara re Devil partnt ReIew Public Works 1111 H Street Greeley, CO 80634 tjuolnicorena@weldgov.com tivanicorena@co.weld.co.us tel: 970.400.3778 • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. i Darshane, Vid From: Sent: To: Cc: Subject: Attachments: Tisa; Darshane, Vidya Thursday, May 23, 2019 4:52 PM tjuanicorena@weldgov.com; tjuanicorena@co.weld.co.us Post, Craig; Alisa N. Carr; Schultz, Cynthia; Darshane, Vidya Waste Management RE: USR14-0080 Final Agreement Signatures Waste Management Improvements Road Maintenance Agreement (USR14-0080) Weld County CO - Final Execution Copy.pdf; Exhibit D.pdf; Exhibit Epdf Attached is WM signed copy of the agreement. Originals have been forwarded to your attention via UPS Overnight courier for tomorrow's delivery. Please return a fully executed copy to Cindy Schultz at Waste Management Attn: Cindy Schultz 720 E. Butterfield Road Lombard, IL. 60148 UPS tracking details x . 'L^l 6 ': t`- f-- CO 80631-9147 Thank you! Vidya rat 00 assissfeastaass egelliffiVIINIWORNOMVIS SISIr Vidya Darshane Sr. Lease Portfolio Managei Real Estate Department vciarshan@wm.com Waste Management 720 E. Butterfield Road Lombard, IL 60148 Tel 630 572 2407 RIt,t,ar� w P/P 1. From: Alisa N. Carr <ACarr@LeechTishman.corn> Sent: Thursday, May 23, 2019 3:29 PM To: Schultz, Cynthia <cschult2@wm.cori> Cc: Post, Craig <cpost1 wm.com>; Chan, Jason <JChan2@wm.com>; Nyiro, Doc <dnyiro@wm.com>; Kozlowski, Marcel <mkozlows@wm.com>; Davies, Rick <rdavies3@wm.com> Subject: RE: USR14-0080 Final Agreement Signatures If you have no further questions, please have Jim sign this and send a PDF copy to Tisa Juanicorena tjuanicorena@weldgov.comandtuanicorenaco.weld.co.us And the original with the 2 exhibits to: Tisa Juanicorena Development Review Public Works 1111 H Street Greeley, CO 80634 t'uanicorena @weldgov.com tuanicorenaco.weld.co.us tel: 970.400.3778 Thanks, Alisa AUsa N. Carr I Partner acarr@leechtishman.com LEECHTISHMAN T: 412.261.1600 I F: 412.227.5551 I Toll -free: 644.750.1600 525 William Penn Place, 28th Floor Pittsburgh, Pennsylvania 15219 leechtishman.com PITTSBURGH ; CHICAGO LOS ANGELES NEW YORK SARASOTA I WILMINGTON From: Chan, Jason <JChan2@wm.com> Sent: Thursday, May 23, 2019 1:11 PM To: Tisa Juanicorena <t'uanicorena@weldgov.com>; Dawn Anderson <drandersonweldgov.com> Cc: Post, Craig <cpostl@wm.com>; Alisa N. Carr <ACarr@LeechTishman.com> Subject: RE: USR14-0080 Final Agreement Signatures We will be following up next week. With the continued delay in the Solidification Basin Air Permit from CDPHE, which was mainly what drove the need for this, we have been evaluating several items. We would also like to discuss further with your group. Jason TO Chan Director - Energy Services/Oil Field Services Four Corners Area (AZ/CO/NM/UT/West TX/WY) jchan2@wm.com Waste Management 5500 S Quebec St, Suite 250 Greenwood Village, CO 80111 2 ACC 303-598-1790 O: 303-486-6063 F: 844-840-2316 Waste Management CO Energy Services Dispatch (Ariz.na, Colorado, North New Mrxic:,, Utah, Wyoming) WMCOESDispatch2@wm.com 24/7 #: 720-425-1783 Waste Management TX Energy Senfices (PetroWaste) Dispatch (South New Mexico, Scat Pwedispatcher@win.com 24/7 #0 432-238-1976 and West eas) Waste Management Energy Services Oil and Gas Solutions http://www.wmsolutions.comisolutions/ot and gas.asp Waste Management renewable energy projects create enough energy to power more than one million homes. Learn more at www. wmB com. From: Tisa Juanicorena <tivanicorena@weldgovzcorn> Sent: Friday, May 10, 2019 3024 PM To: Alisa N. Carr <ACarr@LeechTish n.cor► >; Chan, Jason <JChan2 w necom>; Post, Craig < ; <ost1 wm.corn> Cc: Dawn Anderson <dr Anderson(E)weldgov.com> Subject: [EXTERNAL] USR14-0080 Final Agreement Signatures Good Afternoon Alisa, The email below stated you would circulate this document for signatures back in January. I have not received this document. Can you please follow up with me. Regards, Tisa duardereil Development Review Public Works 1111 H Street Greeley, CO 80634 r°uc°nicorena@weldpov.com t uanicorena@co. weld. co. Us tel. 970.400.3778 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 From: Alisa N. Carr <ACanjEcyLeechTish rnan.conn> Sent: Thursday, January 17, 2019 1:25 PM To: Frank Haug <fha! g@weldgov.corn>; Tisa Juanicorena <tivanicorena � eld ov.cc rr�> Cc: Chan, Jason <JChan2 wrn.com>; Post, Craig <cpostl wm.conn>; Evan Pinkham aldgov.conn> Subject: Re: WM Improvements & Road Maintenance Agreement Cost Estimate Memorandum - USR-14-0080 Ca ,a n: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks - i will finalize and circulate for final review and signatures. Alisa Recycling is a good thing® Please r cy Se any printed emailsp 4 4 New Contract Request Ent e* WASTE MANAGEMENT F En tot @CCM G070 Contract dame iMPROVEMENTS AND ROADMAIN ENA E AGREEMENT USR-00c 0 Contract Status alB REVIEW Contract Description- k IMPROVEMENTS AND ROAD CAI i TEN ContractDescr Contract . . , e. AGREEMENT ount ,342.,850.00 Renewable NO vCA If this 1.5 a renews E Aft REEMENT Department PUBLIC WORKS De^ f�r rent Fail CM - .Work x eidgov. m Department Head Eml CM -Public s- . e tKe d -eldgov.corn mm Attorney GENERAL .A, COUNTY ATTORNEY EMAIL county Attorney E g( psi TORN �4 ��Y33......iYY'��- A 'F ELD GOV. [,� •.. OM let previous Contract ID ti this is part of a fvf A enter Note: the Previ OnBese Date A Contract ID en Ent Contract ID e.777 Lead A.N1LORE A. Contract Lead Ern - l tpanicorenageo_weld.co LiS Parent Contract.ID Requires Board Approval .r . 80 COLLATERAL REQUIRED .Requested EOCC Agenda. Date UU6 109 Will a work se NO Does ontr:act require NO at Project Due Date 06/20/2019 CC be required? asing u s Contract Number and Master ekes Agreement Number should be left blank if those contracts are not in Termination Notice Period Review Date 06/24/2020 mated Del Renewal Bat, Expiration Date 0630/2021 F Contact information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD OH Approved Date 06/26/2019 Final Approval BOCC Approved ROCC Signed Date BOCC Agenda Date X7.10/2019 Originator TJUAN f CORENA Contact T Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact P gone 2 Purchastng Approved Date Counsel BOB CHOATE finance Approved Date Legal Counsel Approved Date 06127/2019 06/27/2019 Tyler Ref # AG 071019 Hello