HomeMy WebLinkAbout4.0 Satisfaction of ConditionsWARNING: THIS POWEFI OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELER ^&.
5J
POWER OFATTORNEY)
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Tlavelers Casualty and Surety Company
Travelers Casualty and Surety Company ofAmerica
United States Fidelity and Guaranty Company
Attornev-In Fact No.- 222089 cerrificateN". 0 0 3 47 3 I 0 0
KNow ArL MEN BY TIIESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and st. paul Mercury InsuranceCompany are corPorations duly organized under the laws ofthe state ofMinnesota, that Farrrington casualty company, Travelers casualty and surety company, andTravelers Casualty and Surety company ofAmerica are corporations duly organized under the laws of the State of Connecticut, that United states Fidelity and Guarantycompany is a colporation duly organized under the laws of the State of Marland, that Fidelity and Guaranty Insurance company is a corporation duly organized underthe laws of the state of lowa, and that Fidelity and Guaranty Insuralce Underwriters, Inc., is a corporation duly organized under the 1aws of the State of wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
shidey Dillard' Donita A' Angles, sharon Johnson, James Bryan Boyd, Patricia A. Harton, sally L. French, Robert F. pippin, Tyler Reid scott, and william AMoore Jr.
of the city. of BlEefield , state of West VirEinia , their true and lawful Anorney(s)-in-Facr,each in tbeir separate capacity if more than one is named above, to sign, execute, sea ini aLr<n1i€iJa';:
^ny
and al] bonas, recognizances, conditional undertakings andother writings obligatory in the nature thereof on behalf of the companies in their business of guaranteeiag the frdelity of persons, guaranteeing the performance ofcontacts and executing or guaranteeing bonds and undertakings required or pe.rmitted fur,anr actions or proc-"ed.ings allowed by law.
IN wrTNEss wmREoF, the companies have caused this instrumgnl to be signed and thqil, gorporate seals to be hereto affxed, this Znddayof Februarv .2010 : "- ' j '
Farmington Casualty Company
Fidelity and Guaranty Insurance Company-. :r. .
Fidelity and Guaranty Insuiance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
@ ffiffiffi€,ffi"**@ #%
w#
St. Paul Mercury Insurance Company
Tbavelers Casualty and Surety Company
Thavelers Casualty and Surety Company ofAmerica
United States Fidelity and Guaranty Company
, 2O1O , before me personally appeared George W. Thompson, who acknowledged
By:State of Connecticut
City of Hartford ss.
On this the 2nd day of February
himself to be the senior \4ce President of Farmington casualty company, riaeuiy ana cuaranty Insurance company, o,a"1,, ?r, cr-"rri;;;;;;;";ffiffi;lnc'' St' Paul Fire and Marine lnsurance company, st. PanI Guardian Insurance company, St. Paul Mercury lnsurance Company, Travelers casualty and suretycompany, Travelers casualty and surety company ofAmerica, aad united states Fidelity and Guaranty company, and that he, as such, being aurhorized so to do,executed the foregoing instrument for the purPoses therein contained by signiag on behalf of the corporations by himself as a duly authorized officer.
il,tffi,H::#*;::mT:IJ,1il:,T,,orriciarsear
@
.t#r.r**.,*,#S
58440-4-09 Printed in U.S.A.
WABNING: TH|S pr:Wen OrAfr
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington casualty company, Fidelityand Guaranly Insurance Company, Fideliry and Guaranty Insurance Underwriters, lnc., St. paul Fire and Marine fnsurance Company, St. paul Guardian Insurancecompany, st' Paul Mercury Insutance company,Travelers Casualty and Surery Compaay,Travelers Casualty and Surety Company ofAmerica, and United StatesFidelity and Guaranty Company, which resolutions are now in full force and effect, reajing as follows:
RESoLVED' that the Chairman, the President, any Vice Chairman, any Executive Mce President, any Senior Vice president, any Vice president, any second vicePresident, the Treasurer, any Assistant Treasurer, the CorPorate seeretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalfof $e Company and may give such aPpointee such authority as his or her certif,rcate of authority may prescribe to sign with the Company,s name and seal with theCompany's seal bonds, recognizaaces, contracts ofindernnity, and other writings obligatory in the narure ofa bond, recognizance, or conditional undertaking, and anyof said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FIJRTITER REsoLyED, that the chairman, the President' ary vice chairman, 4ny Executive vice President, any Senior vice president or any Vice hesident maydelegate ail or any part of the foregoiag authority to one or more officers or employees of this compaay, providedthat each such delegation is in writing and a copythereof is filed in the ofFrce of the Secrerary; and it is
FURTIIER REsoLyED, that any-bond, recognizance, contract of ildemnity, or writiag obligatory in the nature of a bond, recognizance, or conditional undertakingshaii be valid and binding upon the Company when (a) sigaed by the President, any vice cnairman, aay rxecutive Vice kesident, any Senior vice hesident or any vicePresident, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary-or any Assistant Secretary and duly attested and sealed with theCompany's seal by a Secretary or Assistant secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the powerprescribed in his or her certificate or their certificates of authority or by one or rnore company ofrrcers pursuant to a written delegation of authority; and it is
FURTIIER REsoLvED, that the signature of each of the following officers: President, any Executive vice hesident, any Senior Mce president, any vice hesident,any Assistant vice President, any Secretary, any Assistant Secretary, aad the seal of the Company may be affixed.by facsimile to any power of Atrorney or to anycertificate relating thereto appointing Resident viie kesidents, Resident Assisrant Secreraries or Attorheys-in-Fact for purposes only of executing and attesting 6ondsand undertakings and other writings obligatory in the nature thereof, aad any such Power of Attomey or certihcate bearing sdch facsimile signature or facsimile seaishall be valid and binding upon the company and any such Power so executed aad certified by such facsimile signature and facsimile seal shall be valid ald binding onthe compaay in the future with respect to any bond or understanding to which it is attached.
I, Kori M' Johanson' the undersigned, Assistant Secretary, ofFarmington Casualty Company, Fideliry and Guaranty Insurance Company, Fideliry and Guaranlr InsurarceUnderwriters, Inc., St. Paul Fire and Marine Insurance Company, st. Paul GuarJian Insulance crmpany, st. paul M.r"r;i";;;;;'i;;;;i,;;r-;;:r;;;;;;
surety company, Travelers Casualty and Surety Compa-oy of America, and uni1qd.:sltis Fiqeril"Lna co-".*ty Company do hereby certify that the above and foreeoinesurety company, Travelers Casualty and Surety Compa-oy of America, and ur1"r-a;,$tbs niq.r+;4-""a grg.irty Company do hereby certify that the above and foregoingis a true and correct coPy of the Power of Attomey executed by said compagiEs).#rrigtr;i.._ n rlu .rorq.. a"at"fLo and has not been revoked.is a true and correct copy of the power of Attomey execured by said Comp{iE;}#+i..,r,n fo1ce.'a:id effect and has not been revoked
-., -: ' -r. "-
- Lr.-f
...i;ir':-i' ,.,+i1
'1 1t ntr.L
-;-1"-*;|",3 t'liu-{? j';;"-
l8.tk*r.,\*r.-"\.-, zo !-0.
?ra , .,tl'\.1. *-..ti't;
'' ,-ct$.," r'i'i. ' *-l'il'i.
_,-i !, -l ,'
" i'rr;,'( ; . -i..:,,rj;'":41'' '+. '' .r }a \. i 41i t;.. .' -
, 'i- ' -."1 -..1I rr"i].'ijt',,'-
i..F- ".-.:.i:ij' _ i1i sn.r'''' .i.E tir, . . , ,'i,' !. _..i.1
t{;i=f" , i'rr;ill;
t--,'5;l;..; -.-'..Y;i
,,.ir.'t!l+'p'-LI'.'.i'i' }" 'Iaiiiinjri '' vr
@ffiffiffiffi,tffi@ ffiq\
ttwry""]\HT ffi
To verify the authenticity of this Power of Attorney, call i-800-421-3880 or contact us ar www.travelersbond.com. please refer to the Attomey-In-Fact number, theabove-na:aed individuals and o1s dsr^ir5 of the bond to which the power is attached.
ATTORNEY IS WITHOUT THE FI
(Mlscellanooug, not Constructlon)
Bond No. 104752017
KNOW ALL MEN By THESE PRESENTS. That we Petroleum Development corporation ' as Principat,
(hereinafler called "Principal"), and Travelers casualty and surety company of America' a connecticut
corporation, ", Srr"ty,
-t[.i6in.ft"r
catled 'surety'], are held and tirmly bound unto Board of county
commissioners of Garfield county ,-ai obligee, in lhe full and iust sum of TwentyThousand
Do,ars and 00/100
rrrtrru vuJrrtv u.s. Dollars (Do,ooo'oo )
to be paid to the said ()brigee or its successors or assigns for which payment. weil and truly to be
made, we bind ourselves, our heirs. executois, administratorr. suir...ors and asiigns, iointly and severally'
firmly by these Presents.
WHEREAS lhe principat has entered. or is about to enter, into a written Agreement with the obligee for
LimitedlmpactReviewPermitforStorageonParcel(GarfieldCountyCommissionFileNumberLlPA
6239 Condition # 12)
as is more specilically set forth in said Agreement, to which reference is hereby made'
NOW, THEREFORE, THE CCTND|TION OF THIS OBLIGATTON lS SUCH' that if the Principatshall well and truly
oerform and carry out the covenants. terms. ;;;;.d,ti"ns of said Agreement, then this obligation to be void:
btnen,rise to remiin in full forc'-'and effect'
Signed this 18th daY of March , 2010
PERFORMANCE
BOND
TRAVELERSCASUALTYANDSURETYCoMPANYoFAMERICA
Hartford, Connecticut 061 83
Petroleum Development Corporation
(PtinciPal|
rs Casualty and Surety Company of America
(s-1935-Bl) 06-0l
Fugitive Dust Control PIan
Petroleum Development Corporation
Piceance LaYdown Yard
PrePared for:
Petroieum Development Gorporation
177 Sherman Street Suite 3000
Denver, CO 80203
Prepared by:
ffiotsscnd
ASSOCIATES
Olsson Associates
826 21 T.Road
Grand Junction, Colorado 81505
salnseay\ uollelado puE uollcnJlsuoc tlEls 9'Z
Eut>lcetl ellS-JJO 9'Z
selllnlievuotleted6 V'Z
sa1rd1co13 lrosdol t'Z
selll^llcv 6utPerS Z'Z
uotssalddnS lsnO L'Z
s3unsv]l,\tNolrvclrlll]uolNosrsno3nlrlcnl
u0lseq e1l3 Z'L
asodln6 l'l
NOI}CNOOUINI ,
SINIIINOC JO
=I-18VI
1.0 INTRODUCTION
This Fugitive Dust Control Plan (plan) describes the general control measures tobe taken by Petroleum Development Corporation -1enc1 and its contractors(Contractor) to ensure that dust suppression measures are implemented duringthe construction and operation of the PDC Piceance Laydown yard site (project).
1.1 Purpose
The purpose of this plan is to identify mitigation measures to be taken by pDC
and the Contractor to prevent a public nuisance by controlling fugitive Oustsources at all times.
1.2 Surface Design
The Project's surface area will be a compacted 1.5,, class 6 Road Base. Thenatural aggregate base will be watered as required to reduce fugitive dustemissions during operational activities.
2.1 Dust Suppression
During the construction and operation of the Project, PDC or its Contractors willsuppress dust with application of water or other approved suppressant asneeded. Dust control will primarily be achieved through ihe application of water.However, if required the use of additives with watei as a suppressant will belimited to magnesium chloride.
2.2 Grading Activities
All grading should be suspended when winds exceed 20 miles per hour or whenwinds carry dust beyond the property line despite implementation of all feasibledust control measures.
2.3 Topsoil Stockpiles
To reduce windblown dust emissions PDC or its Contractors should utilize waterand/or soil stabilizers on all temporary soil stockpiles related to the construction
of the Project.
2.4 Operation Activities
All on-site operations should be suspended when winds carry dust beyond theproperty line until appropriate measures are implemented to pievent fugitive dustemissions.
2.5 Off-Site Tracking
A construction entrance will be installed to prevent the tracking of mud and soilonto adjacent County Road 215. Any soil tracked onto County Road 215 will becleaned at the end of the working day.
2
2.6 Staff Construction and Operation MeasuresAll PDC and Contractor field personnel will be made aware of the followingmitigation criteria and objectives to be implemented throughout the life of theProject:
. Fugitive Dust Mitigation plan and its provisions;
' lmportance of minimizing the area of exposed soil during construction;' Maintaining surface area moisture levels for dust suppression purposes;
' lmplementation of appropriate actions to minimize off-site vehicle tracking;' observing and reporting of dust emissions beyond the property
boundaries to a supervisor so that corrective action can be implemented.
-