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Home My WebLink About4.0 Correspondence• • HOLME ROBERTS & OWEN ATTORNEYS AT LAW 1700 BROADWAY DENVER, COLORADO 80290 TELEPHONE (303) 861-7000 TELEX 45-4460 March 28, 1983 Mr. Earl Rhodes Garfield County Attorney Post Office Box 640 Glenwood Springs, Colorado 81602 Re: Development Engineering, Inc. Special Use Permit Dear Earl: c 102 NORTH CASCADE AVENUE COLORADO SPRINGS, CO. 80903 TELEPHONE (303) 473-3800 50 SOUTH MAIN STREET SALT LAKE CITY, UT. 84144 TELEPHONE (801) 521-5800 On November 29, 1982, the Board of County Commis- sioners for Garfield County, Colorado ("County"), authorized a special use permit (the "Permit") to be issued to Develop- ment Engineering, Inc. ("DEI") permitting processing of natural resources, specifically, an oil shale retort facil- ity and accessory industrial support facilities, including a waste disposal site, on DEI's new research facility (the "Research Facility") located adjacent to the Department of Energy's ("DOE") Anvil Points Facility. The Permit was authorized subject to certain condi- tions, one of which is the following: "[DEI] shall demon- strate access to the -site, and also make a contribution of $5,000 to any necessary road improvements, and participate in maintenance activities and costs for the road (a verbal agreement of access must be demonstrated within twenty days of this resolution and a written agreement must be submitted within 120 days)." This condition was imposed because at the County Commissioners' meeting regarding the Permit on November 29, 1982, the issue was raised that DEI may not have access to its Research Facility because the existing road providing access to such property from Interstate 70 (the "Road") is owned by the DOE. DEI took the position that it had not been denied use of the road by the DOE and DOE representatives at the meeting said nothing to contra- dict DEI's position. DEI acknowledged the lack of a form- ailzed access agreement and agreed to obtain a written access agreement from the DOE. The purpose of this letter is to chronicle DEI's numerous and repeated attempts to obtain a written access agreement from the DOE. Due to the shifting currents of jurisdiction and charges at personnel within the DOE, DEI has not yet been successful. • • Mr. Earl Rhodes March 28, 1983 Page 2 On the day following the County Commissioners meet- ing on the Permit, November 30, 1982, two DEI representa- tives (Ed Cooley and myself) travelled to DOE's offices at the Laramie Energy Technology Center ("LETC") in Laramie, Wyoming to meet with various DOE officials about access. You also attended that meeting on behalf of the County because the County desires to enter into an agreement with DOE concerning the use of the Road. At that meeting, DOE officials assured DEI and the County that the DOE had no intention of barring either DEI or the County access to the road but that any written access agreement would have to be reviewed by Warren Tryon, on the DOE's general counsel staff in the Oakland, California office. At the conclusion of that meeting, you told me that DEI had demonstrated a verbal agreement of access with the DOE to your satisfaction and you informed the County Commissioners of DEI's compliance with that condition of the Permit. Immediately after that meeting, I prepared a draft of an access agreement which I forwarded to Mr. Tryon. I met with Mr. Tryon on December 2, 1982. Mr. Tryon and I reviewed the agreement and made several changes. At that time, Mr. Tryon stated that, pursuant to his orders from the DOE in Washington, any access agreement would have to be revocable at DOE's will. Mr. Tryon revised the agreement and mailed it to me. On December 13, 1982, I telephoned Mr. Tryon to discuss the revised access agreement. At the time, the DOE was negotiating with a potential new occupant for Anvil Points. Mr. Tryon sta-Led that the DOE was reluctant to consider a long-term access agreement until negotiations with the prospective new occupant had been completed. (Nego- tiations were subsequently terminated). Mr. Tryon stated that DEI and the DOE could probably enter into a 30 -day cancellable access agreement. On December 16, 1982, DEI received a letter from Jim Watson, acting director of LETC, stating that the DOE Procurement Office and the Deputy Assistance Secretary for Fossil Energy in the DOE had instructed him that nego- tiations on the access agreement should be suspended until various other issues outstanding between DEI and the DOE had been settled. On December 21, 1982, Richard Justis, Contracting Officer at LETC, reported that the access matter had been removed from LETC's jurisdiction and he did not know whom DEI should contact. • • Mr. Earl Rhodes March 28, 1983 Page 3 Also on December 21, 1982, DEI contacted Mr. Tryon. He reported that DOE hadn't determined what branch of the agency would have jurisdiction over Anvil Points matters: the Office of Fossil Energy, the Office of Naval Petroleum Reserves or the Real Estate Office. Mr. Tryon said no perm- anent access agreement could be executed until the jurisdic- tional issue was resolved. Contrary to his previous state- ment, he said that DOE officials in Washington probably would not agree to a short-term access agreement. Also on December 21, 1982, a DEI representative telephoned Jim Watson at LETC. He suggested that we contact Deputy Assistant Secretary Donald Bauer at the Office of Fossil Energy and indicated that LETC would not take steps to deny DEI access to its Reseach Facility. On December 30, 1982, Paul Smith of this firm spoke to Deputy Assistant Secretary Bauer. He indicated that a DOE procurement officer in Washington, Steve Mournighan, would be in charge of Anvil Points matters. Mr. Mournighan, when contacted, indicated that all Anvil Points matters had been turned over to Mr. Tryon in Oakland. On January 10, 1983, Paul Smith wrote a letter to Mr. Tryon acknowledging the DOE's desire to negotiate access concurrently with various other outstanding issues between DEI, Paraho Development Corporation and DOE and that the matter had been transferred to Mr. Tryon's hands. The letter indicated DEI'..s desire to obtain a prompt resolution of all matters. On January 13, 1983, I spoke to you by phone. I informed you that we had not yet executed an agreement but were negotiating with DOE. On January 17, 1983, Paul Smith spoke with Mr. Tryon, who reported that Joann Littlehales, a Contracting Officer in the DOE's Oakland office, would be negotiating access and other matters. Mr. Tryon also reported that DOE was considering transferring responsibility for Anvil Points matters from the Office of Fossil Energy to the Office of Naval Petroleum Reserves, but that there had been no final decision. On January 31, 1983, Paul Smith again spoke with Mr. Tryon. Mr. Tryon stated that he was still waiting for guidance from Washington and that it therefore was premature to discuss matters with DEI. Mr. Tryon suggested that DEI could probably obtain a temporary access permit on fairly short notice while the negotiations were pending. Mr. Earl Rhodes March 28, 1983 Page 4 During the first several days of February, 1983, Mr. Ed Cooley of DEI attempted to contact Joann Littlehales to set up a meeting to discuss the outstanding DEI -DOE matters, including the access agreement. He contacted her on February 11, 1983 and subsequently sent her a letter summarizing the outstanding issues and indicating his desire to resolve the access issue. On February 25, 1983, Paul Smith called Mr. Tryon to inquire about obtaining a temporary access permit. Mr. Tryon indicated that he did not think DEI could obtain one. He further indicated that he did not know whether the Office of Fossil Energy or the Office of Naval Petroleum Reserves had authority over Anvil Points matters. Mr. Tryon sugges- ted that we call Ms. Egger, who is in the DOE General Coun- sel's Office in Washington and represents the Office of Naval Petroleum Reserves. On February 28, 1983, Paul Smith spoke with Ms. Egger. She stated that the DOE's Oakland office would be responsible for negotiating an access agreement. On March 17, 1983, Ed Cooley and Paul Smith met with Joann Littlehales and others at the DOE's Oakland offices. Ms. Littlehales informed DEI that there would be a delay in obtaining a formal access agreement until various outstanding issues were resolved. It was acknowledged by both sides that DEI will continue to have access to the Research Facility over the Road until an agreement is exe- cuted. DEI's position has been and remains that it has demonstrated adequate access to its Research Facility because there is an implicit understanding among all con- cerned that DEI will continue to have access to its site via the Road, which DEI has used continuously and maintained for the past ten years. In fact, DEI has been removing snow from the Road this winter as necessary. DEI intends to continue to use its best efforts to obtain a written access agreement from the DOE as soon as possible. The 120 day limit set forth in the County Commis- sioner's resolution authorizing the Permit expired on March 22, 1983. DEI would like to request an extension of time in which to obtain a written access agreement from the DOE and requests that this issue be addressed with the County Commissioners on April 11, 1983. At that time, DEI • • Mr. Earl Rhodes March 28, 1983 Page 5 will also request issuance of a special use permit from the County authorizing DEI to commence oil shale retorting operations at its Research Facility. Very truly yours, v` 2,1.�%'c-tom Helena A. Suchecky cc: Terry Bowman, Garfield County Planning Department F. Edward Cooley, Development Engineering, Inc. Robert N. Heistand, Development Engineering, Inc. Paul E. Smith, Esq. P.O. Box 640 • • GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81602-0640 Phone 945-9158 MEMORANDUM TO: Leonard Bowlby, Supervisor Road and Bridge Department '/% r'RCM: Earl G. Rhodes 1/j, Garfield County Attorney De DAU : January 5, 1983 SUBJECT: Status of County Use of County Road 246 (Anvil Points Road) Pursuant to approval from the Board on December 5, 1982, I sent to Richard Jiacoletti, Assistant Director for the Laramie Energy Research Testing Facility, a proposed use agreement for County Road 246, which, as you know, is access to the new County landfill site. On January 3, 1983, Dr. Jiacoletti called me. He stated that the status of the agreement is as follows: It has received approval from his attorney in San Francisco and has been forwarded to Washington for necessary signatures. There is a problem in Washington, which as yet, is undefined. This problem is presently holding up the Government's signing of the document. He hopes to be back in touch with me later this week or next week as to what this problem is. I informed Dr. Jiacoletti that we are presently making use of the landfill site, and thus, the public had access to County Road 246. Although he did not have the authority to give approval for this use, he said it was understandable what the County was doing. As an incidental matter, the road use agreement for Paraho has not been approved either. I will keep you advised of my progress in this matter. /sr cc: Stan Broome, Garfield County Manager Board of County Commissioners of Garfield County Terry Bowman, Garfield County Flannery( 1 �p PARAHO DEVELOPMENT CORPORATION FOR THE GOOD OF MANKIND October 12, 1982 Dennis Stranger, Director Garfield Couonty Planning Department 2014 Blake Street Glenwood Springs, CO 81601 Dear Mr. Stranger: Enclosed is a completed application for a Special Use Permit for Paraho Pilot Plant research that we discussed in your office last Friday. Included are: (1.) Authorization letter from W. F. Clough (2.) Special Use Permit and Public Notice (3.) Impact Statement (4.) Check for $500.00 (Five Hundred Dollars) Please contact me if you have any questions. Sincerely, f R. N. Heistand RNH:Ks cc: F. E. Cooley enclosures 183 INVERNESS DRIVE WEST • SUITE 300A • ENGLEWOOD, COLORADO 80112 • (303) 694-4949 • TWX: 910 931 2537 FOR THE GOOD OF MANKIND ,«=1110 41110I PARAHO DEVELOPMENT CORPORATION October 19, 1982 Dennis A. Stranger County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 Dennis: OCT 2 I 1982 The access road to the property Development Engineering, Inc., has leased from W. F. Clough has been in use since the 1940's. This road is constructed on an easement through property owned by W. F. Clough between highway 6 and 24 and the Anvil Points Oil Shale Research Center. The property involved in the special use permit application is disected by this existing road. The existing road has been used for access to W. F. CLough's property in the Anvil Points area since it was constructed in the 1940's. The road has been used as a public road during the past 30 -plus years by the Garfield County School District RE2 school buses, by the U.S. mail, and by the general public. The road is designated Garfield County road #246, but has been maintained by Development Engineering, Inc., since 1972. Development Engineering will continue to maintain certain parts of the road for its own access to the property it has leased on both sides of this road. Ed Cooley ` Vice President of Operations EC :ks cc: Robert N. Heistand-Paraho Helena A. Suchecky-Holme, Roberts, & Owen 183 INVERNESS DRIVE WEST • SUITE 300A • ENGLEWOOD, COLORADO 80112 • (303) 694-4949 • TWX: 910 931 2537 �.r • • PARAHO DEVELOPMENT CORPORATION FOR THE GOOD OF MANKIND November 18, 1982 Mr. Dennis A. Stranger Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Stranger: Enclosed is a copy of the Reclamation Plan for the planned Paraho pilot plant research operations near Anvil Points. This enclosure includes the following: introduction; description of tasks; schedule; and costs. Mr. Cooley is prepared to discuss the details with you and suggest means that Paraho can guarantee implementation of the Reclamation Plan. Should you require additional information, please let me know. Sincerely, /(7/47,,,/ R. N. Heistand Vice President, Environmental Affairs RH:ks cc: F. E. Cooley, Paraho G. D. McCutchen, Colorado Dept. of Health, APCD H. A. Suchecky, Holme Roberts & Owen K. L. Waesche, Colorado Dept. of Health, WMD 183 INVERNESS DRIVE WEST • SUITE 300A • ENGLEWOOD, COLORADO 80112 • (303) 694-4949 • TWX: 910 931 2537 • RECLAMATION PLAN PARAHO PILOT PLANT RESEARCH OPERATIONS INTRODUCTION The operations proposed by Parhao, would consist of contract research for various clients on the site leased adjacent to Anvil Points. During the ten year lease, it is anticipated that as much as 38,000 tons of retorted shale would be produced. Although it is likely that the client would require the retorted shale be removed from the lease site for additional research studies, the reclamation plan is based upon above -ground disposal of the entire 38,000 tons of retorted shale on the lease site. Although the reclamation of the proposed retorted shale disposal site is the primary concern of the reclamation tasks, the reclamation plan addresses restoration of all areas disturbed by the pilot plant research operations on the lease site. These proposed research operations have been described in Paraho's permit and zoning applications to the Colorado Department of Health and Garfield County. The Reclamation Plan is described in detail under the headings DESCRIPTION OF TASKS, SCHEDULE, and COST. The tasks, listed in the permits consist of the following: • Dismantlement of structures and foundations; • Removal of materials, fuel, oil tanks, and equipment; • Secure disposal pile and drainage diversion structures for long term stability; • Placement, compaction and contouring of soil cover on exposed areas; • Revegetation of disturbed and exposed areas • Monitoring of vegetation, groundwater, and surface water for at least three years. RECLAMATION PLAN Page 2 As discussed under Schedule and Costs, it is anticipated that the reclamation will require three to four years to complete and about $25,000 in 1982 dollars. DESCRIPTION OF TASKS Reclamation activities would begin near the end of the lease period. With no additional extensions, this should occur during 1992. Reclamation activities will be directed towards reclaiming the lease site to conditions as it existed at the start of the lease. After reclamation, the property would then revert back to its original uses: limited graying by sheep, cattle, and wild- life; access for Anvil Points oil shale mining and research activities; natural gas exploration and development. The tasks involved in reclamation include the following: removal of structures, destruction of cement pads and founda- tions; preparation (compaction) of the retorted shale disposal area; placing soil cover on all exposed areas; revegetating; protect drainage, diversion, and evaporation systems; monitor- ing. Removal of Structures. This task includes the dismantlement of all equipment and buildings and the removal of the dismantled parts, tanks and drums, supplies and stores, and mobile equipment not needed for reclamation work. The materials and equipment, removed from the lease site, will be available for reuse or sale as scrap material. Destruction of Cement Pads and Foundations. All cement pads and foundations, used to support buildings and equipment (such as the retort) during operations or to protect the temporary storage piles will be completely broken into small (one foot or less) chunks. These broken chunks may be used as rip -rap covering for • • RECLAMATION PLAN Page 3 the disposal pile or maybe left in place, covered with soil and revegetated. Retorted Shale Disposal. Near the termination of retorting operations, the retorted shale stored in the center of the stor- age area under light compaction, along with retorted shale avail- able from the last year's operations would be removed to the edges of the disposal area. There it will be placed in 10-12 inch drifts, 6-10 feet wide, moistened with optimum water, and subjected to heavy compactive effort. Based upon earlier re- search field studies (Heistand and Holtz, "Retorted Shale Research Studies", 13th Oil Shale Symposium, 1979), this will create a stable, strong, impervious perimeter around the shale disposal site. This work will be completed during research operations, before reclamation work is begun. Assuming all the retorted shale produced during the ten-year contract research operations were stored on the above -ground, on- site area, the site would cover the planned 200 foot by 240 foot area to a height of about 20 feet. This is considerably less high than the hills and ridges which surround the site on three sides, thus visibility impacts could be minimal. On the average, the bulk density would be 90 pcf (pounds per cubic foot). Sides would approximate natural slopes for canyons and mesas in the area - a 1.5:1.0 slope. Since the sides, especially the south facing slope, will not support vegetation, a rock rip -rap facing will be considered for cover. Soil Cover. Based upon available surficial soils from local borrow areas, as much as two feet of soil cover will be placed on top of the retorted shale area and other disturbed areas. This surficial soil cover will be contoured and compacted to approxi- mate existing terrain conditions. • • RECLAMATION PLAN Page 4 Revegetation. Revegetation of exposed areas will be carried out to produce ground cover that approximates that found on similar sites in the region. Based upon a soils analysis, ade- quate fertilizers and mulches will be applied to support revege- tation of native species. Revegetation will be done in the fall with a single application of water at that time. Although native species of grasses and shrubs will predominate, special, salt - tolerant species may also be used. Final treatment of the retorted shale disposal area, soil cover, and revegetation will follow guidelines of the Colorado Mined Land Reclamation Board. Special advisors, such as experts on the staff of Colorado State University and Garfield County Agricultural Office, will be consulted regarding final revegetation. Control Systems. The drainage, diversion, and evaporation systems now in place on the lease site will be utilized to protect the reclaimed site from erosion caused by runon surface water and to protect regional surface water from possible contam- ination from the disposal site. Drainage and diversion systems will be enlarged, widened, and protected by rip -rap where necessary to assure long term stability. Monitoring. A monitoring program is planned to last at least three calendar years after revegetation work has been com- pleted. It is anticipated that the monitoring program would con- sist of performing the following tasks on an annual basis: (1) Vegetation - catalog and identify species; measure plant density using quadrants or transects; monitor plant growth, stability and health. 1 • RECLAMATION PLAN Page 5 (2) Water - continue monitoring water in alluvial wells and ponds for these parameters: depth of water, pH, and electrical conductivity. (3) Others - examine surfaces of disposal area and control systems for evidence of erosion; monitor disposal area for temperatures and moisture content at the surface and selected depths within the pile. Results of this program will be reviewed annually to determine the need, if any, of additional reclamation work or extension or modifications of the monitoring program. • • SCHEDULE Reclamation activites will be started after the cessation of the retorting research oeprations. It is presumed that, with the exception of monitoring, this work would be completed during the fall quarter. All planned activities would be complete within 38 months after the termination of the retorting operations. A general concept of the planned reclamation work is shown in Figure 1. Structures will be removed in a 30 -day period ending November 1. Destruction of cement pads will follow ending about one week later. Preparation of the retorted shale disposal area will be carried out during the latter stages of operations and will be complete by early October. Soil cover will be placed on exposed areas from mid-October to mid-November. Revegetation will follow and should be complete by late November. Work on the control systems will be carried out concurrently with the other tasks and should be complete by December. Monitoring will be carried out annually for at least three years during the spring quarter (mid-April to mid-July). The status of the reclamation will be reviewed annually at the end of each calendar year. It is assumed that the reclamation will be complete at that time. • -41 O i i i 1 l 1 • • • COSTS 1. Dismantlement of retort, hoppers, conveyors sampling and weighting stations, oil and fuel tanks, lab and control room, shop. Cost $ None* 2. Removal of shale oil storage tanks, fuel oil None* tanks, mobile equipment, and spare parts. 3. Cement foundations, pads, or floors for retort, lab, control room, shop, fuel oil and shale oil storage tanks to be torn out and broken up. 4. Cement pads for temporary stockpiles of raw and retorted shale (ripped and broken). 5. Soil cover (up to two feet thick) for retorted shale disposal ile and areas of retort, lab, shop and tankage. (Placement, compaction and contouring). 6. Protect drainage and diversions from long term degradation and secure disposal pile for long term stability. (200 Man - Hours) (100 Man - Hours) 3,200(1) 1,600 11,200(2) 1,600 7. Revegetation of disposal pil and other exposed 3,000 areas. (Hydroseeding, mulching, fertilizing and irrigation.) 8. Monitoring for three years of surface and ground water and vegetation. (Labor cost plus equipment plus lab analyses.) (200 Man - Hours) 3,200 9. Contingency 1,550(3) TOTAL 25,350 * Reissue and shalvage value exceeds dismantlement and removal costs. (1) Items #4, #4, and #8 are based on man-hours @ $16/man-hour. (2) Items #5, #6, and #7 are based on cost estimates for the Paraho-Ute recla- mation plan @ $7,900/acre. The total of items #5, #6, and #7 equals $15,800 (2 x $7,900). (3) Contingency equals 25% of revegetation and monitoring costs in case seeding efforts prove unsuccessful, berms are washed out, or other erosion controls fail. RICHARD D. LAMM GOVERNOR • 414141.411 ) , 411 I COLORADO GEOLOGICAL SURVEY s'?." DEPARTMENT OF NATURAL RESOURCE$ 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN jREET DENVER, COLORADO 80203 PHONE (303) 866-26 s_ OV 1 ��8 I117��/`/ d • j J November 9, 1982 Mr. Terry L. Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81610 RE: PARAHO OIL SHALE FACILITY RELOCATION Dear Ms. Bowman: We have received and reviewed the materials for this proposal and it seems entirely feasible from a geotechnical standpoint. Therefore, we have no geology -related objection to its approval. Sincerely, J,mes M. Soule Engineering Geologist vt cc: LUC GEOLOGY STORY OF THE PAST ... KEY TO THE FUTURE JOHN W. ROLD DIRECTOR 7 6 Richard D. Lamm Governor • • DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director Mr. Dennis A. Stranger Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Stranger: November 4, 1982 Re: Paraho Development Corporation Proposal We received a copy of the Special Use Permit Application for Paraho Develop- ment Corporation concerning the relocation construction and operation of the Paraho pilot plant. I have had several discussions with the Paraho personnel regarding this activity, and concluded that because there is no mining activity being performed by Paraho, or specifically related to this project, it does not fall under the jurisdiction of the Colorado Mined Land Reclamation Act of 1976. We are clearly interested and concerned by the spent shale disposal which they propose in the area. I understand from Mr. Robert N. Heistand of Paraho that they will be conducting some research on the bahavior of the spent shale. If you, or the company, desire specific technical advice on the spent shale disposal, I would be pleased to make staff time available for such assistance. If you need further information at this time please do not hesitate to contact me. DCS/mab cc: J. McArdle,MLRD Sincerely, s16 David C. Shelton Director 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 a VT 4 Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 November 3, 1982 Dear Terry: The City of Rifle has reviewed the Paraho Special Use Permit and has no objections. Because the facility will be adjacent to the Anvil Points project and because of the small scale of the operation the City sees no significant detrimental effect resulting from this request. In addition this use is in keeping with established uses in the immediate area. 1 337 East Avenue P.O. Box 1908 Sincerely,. l Henry Trolard -Skinner City Planner Phone 625 - 2121 Rifle, Colorado 816E+0 ooD HOME OF "OIL SHALE" U.S.A., ,, o IN REPLY REFER TO: 7-162 1786 • • United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area P.O. Box 1009 Glenwood Springs, Colorado 81602 Ms. Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO. 81601 Dear Ms. Bowman: November 3, 1982 f'L *AF, d' This is in reference to your letter of Octoer 21, 1982 requesting our review and comment on the Parahoe Oil Shale Facility Relocation. The Environmental Assessment should be clarified to indicate that the project area is visible from I-70. The recently approved new Garfield County landfill should be recognized in the property values section. The landfill may also have implications on the traffic analysis section. Reclamation standards for the old facility are not identified. The need for reclamation of the old area should be analyzed prior to complete abandonment of the site. I have no other concerns about the proposed relocation. I appreciate the opportunity to review the proposal. Sincerely, Dave Atkins Lands and Minerals Staff Leader Cx,F 111 411 publie Service Company CC®Il®i¢I® P.O. Box 152 Rifle, Co 81650 p;_ October 27, 1982 Garfield County Planning Department 2014 Blake Ave. Glenwood Springs, Co 81601 Dear Sir: 00T2 982 Public Service Company has no objection to the Paraho Oil Shale Facility Relocation. Supervisor of Engineering RR/lb 2014 BLAKE AVENUE • GARFIELD COUNTY • ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 MEMO T0: Terry Bowman Garfield County Planner FROM: Ed Feld Garfield County Sanitarian DATE: October 27, 1982 SUBJECT: Paraho Development Special Use Permit As per your request for comment on the above referenced subject, please be advised this office has no objection to the use of portable toilets and bottled drinking water provided the former means is maintained in a sanitary manner and the latter is obtained from an approved source. Should Paraho decide to construct a "septic system" a permit will be necessary as well as an engineered design which meets the requirements of the Garfield County Individual Sewage Disposal Systems Regulations. PHONE 945-2339 , s, - No. 52 In the District Court of the Doc. #154362 United States for the District Court of Colorado t-:11743.-- TheUnitedStates of America, Petitioner VI. _ Filed United States District Court Denver, Colorado June 19, 1945. G. Walter Bowman, Clerk. 1 DECREE ON ): ; DECLARATION OF TAKING 33.-83 acres of land, more or leas,: - situate in the County of Garfield, j State of Colorado; State of Colorado; )• State of Colorado and the ) Inheritance Tax Commissioner there-). of; Board of County Commissioners' ) of Garfield County, Colorado, a ) quasi -municipal corporation; Treas- ) urer of Garfield .County,. Colorado; ) L. W. Clough; Annie Esche; and their) . . successors; assigns, consesrvators ) and spouses, if any there be; and ) the above persons, Lf living or if deceased, their heirs at law, ' devisees, legatees, exectftoce, and administrators, if any; all unknown parsons who claim any interest in and to the subject matter of thia action, Respondents. • .): ) ) ) ) ) ) This. cause, coming on to be heard on this, the 19th day of June, A. D., 1945 the Petitioner, the United States of America,- appearing by, Thom as J. Morrissey, United States Attorney for the District of Colorado; upon the petition in Condemnation filed herein and the Declaration -of Taking filed therewith, praying that a decree be forthwith entered herein adjudicating that title to perpetual easements for the construction, operation and maintenance of roadways,. -sewersystems, water intake -systems, pipe lines, telephone and telegraph lines, electric power lines, together with the rights of ingress and egress thereto and therefrom over, under, upon and across the lands as described in Schedule "A", attached hereto and made�a part hereof by reference , and the subject matter of this action, be vested in the United States of America, and that said lands and interests therein described be deemed to be condemned and taken for the nse of the United States of America. And it appearing to the Court, and the Court so finding; - I - That the Petitiorrr;he United States of America, has filed its Petition in Condemnation praying that certain lands described therein, situate in the County of Garfield, Colorado, be condemned for its use in connection with the construction, _operation, and maintenances of Petitioner's Oil Shale Demonstration Plied at Rifle, Colorado, and for such other uses as maybe authorized by Congress' or by Executive Order. II That the Petitioner has filed with its Petition in Condemnation a Declaration of Taking signed by Michael W. Straus, Assistant Secretary of the Interior of the United States of America, acting as such, who is the authority empowered by law to acquire lands and interests therein described in the said Petition in Condemnation and Declaration of Taking, declaring that said lands are taken for the use of the United States of America. _ - III That said Declaration of Taking contain: 1. A statement by Michael W.. Straus, Assistant Secretary of the Interior of the United States of America, that the authority under which the said lands are taken is under and in accordance with the Act of Congress, approved February 26, 1931 (46Stat. 1421. 4R TT, G. r' c..,. 25.9 f..7.) _ -----.-___ �f-�, au-Ac:L ongrds innntt-nIIAri% - • tir r;. r • • ac. 3154362 approved April 5, 1944 (Public •Law 290, 78th Cong.2d_Sess• ), and an Act of Congress .approved August 1. 1898,- an Act of Congress approved July 2, 1917 (40 ion t.)d-Acts •of Congress Stat. 241, 40 Stat.- 518, 50 U.S.C. Sec. 171), as supplementary thereto and amondatory thereof;` ._a .. _�.'..:• 2. A description of the lands taken sufficient for. tbsidenti¢ication thereof. 3. A statement that- the.estate and interest in said lands taken for said public uses are perpetual easements for the construction, operation and maintenance of roadways, sewer systems, water intake systems, 'Pipe lines, telephone and telegraph lines. electric power lints. together with the rights of ingress and egress thereto and therefrom. over, under, upon and across the lands as described in Schedule "A", attached hereto and made a- part hereof by reference. 4. A plan showing the lands taken. petitioner's Assistant 5. A statement by_ the said Michael W. Straus. • Secretary of War. acting in said capacity, lands and interestsn,which mount of just compensation for the taking of said amount is set forth in said Schedule "A", and that said amount is a sum of Nine Hundred Eight -seven Dollars and Fifty -cents ($987. 50). . • Iv That the. said sum -of $987. 50 has been deposited with the Clerk d this Cburt for the use. of the persons entitle(i thereto;- I - - -- - - WHEREFORW. IT I5 HEREBY ORDERED;- ADJUDGED AND DECREED: That by the filing of the Petition in Condemnation and Declaration of Taking, and deposit in this Court for the use the -persons entitled thereto of the said to amount of estimated compensation stated in said Declaration of Taking titleperpetual easements for the construction, operation and maintenance of roadways, sewer systems, water intake systems, pipe lines, telephone and telegraph lines, elecgric power lines, together with the rights of ingress and egress thereto and therefrom, over, under, upcn and across the lands as described in -Schedule "A", attached hereto and made a part hereof by reference, became and hereby: was: condemned- and taken for the' use . -of the United States of_Arnerica.- • .... 11 t Thathe-right to just compensation for'the taking,of said. lands became and there was -vested in the persons" entitled thereto,and.that.the Court expressly . reserves "jiirisdiction•of this cause to issue process and enter all necessary ord einterested_in said lands before the to ging 'all of the owners _of mod p .i.rsons - -raise Land fix the value of said Court, and to appoint the Commissioners to app lands and the- amount of compensation which the owners and persons interested therein are entitled to for its said -appropriation:. _ ` Done in"open Court on the day :and year first above written. _ �:. _- 1 1J=� nzea District Judge. J� Foster Sy. ,•,_, CHEDULE „A.' INTER AL1.A':_ -.. ' PARCEL "G", a right of way. strip 100,1t.'wide in the NE; See..:29, and the 20,"all in T. 6,.S.. ;• R. 94 W. . '6th P.M.., Colorado,. •L SW�Sr.4 SCC. ._ :-=- ., -� _._-_..�_. . `,Th'b"center lino' of-said'iigbt of way_ strip 3i described a- follows: - Beginning at.a•point on-theinor•therty,right:of way. line_of_13.✓5.r Highway No.2 8 •' 1 S !_ W.,. aloe the S. line of "distance of 23125.5 ft. S. _g_ said point- bei"ng a - `' �'� 3b' 10!- E • Sec." 20, T. 6 S: ; R.' -94 W. , and 1,703,0 fi..S. „;of.the NE corner of Sca. 297,-T. ' 6 S.. R.. 94 W. a, thence• proceening_in a northwesterly, direction -' N. 36'-10'' W. for -i. 4• (sti. 0-: 30. 6 to Stas 26 4- 39.0) to "a point of intersection and terminating. on the West line of the SWISE4 Sec. - T. "6 S.. R: 94. W".. said point -of intersection being a distance .of 338.1 ft. N. .:. �. �• c _' "-,n T • 6 S. F. �Ct:_W., _contzini 0'38'- W. from the S W -corner of wv SE4 SaC, 20. • , 5.99 acres, more or leis, and is to be used for the construction_ a , operation an maintennofce a toad, water -linea, power and telephone lines. •-f .. (continued) Doc. f154362 ,:,.._ .,.�..:'; UNIT- 11 (con't.) A right of way,100,ft; wide in the El -SW;, Sec. 20,.T..6.S::i,.R. 94 W., 6th P.M., Colorado,•.the center line of which is described as follows: Beginning ata point -on the -east line of:the.EaSW4 See:. 20-,r•T1. 6 S., R. • 94 W., said point being a; distance_of 738.1 ft. N. 0.38! W.. of the SE corner of the SW4 Sec.. 204 T� � $ R. 94 W., thence proceeding in a Northwesterly direction N. 36.10!, W,=: for -a distance of 2,161.0 (Sta. 26 -44- 39:0 to sta. 48 4- 00. 0) to a point of intersection and terminating bn the west line of the NEISW4 Sec. 20, T. 6 S. , R. 94 W., said point of intersection being a distance of 114.7 ft. S. 0.41' E. from the NW corner of the NE+SW4 Sec. 20, Tp. 6 S. , R. 94 W., containing 4.96 acres, more or less, and is to be used for the construction, operation and maintenance of a road, water lines, power and telephone lines and sewer system. . UNIT 111 .. _ . - . A rightof way 100 ft. wide in the NWISW 4,_ the WiNW+ Sec., 20, the SW- SW Sec. 17, and the SE4SE4 Sec. 18, all in Tp. 6 S. , R. 94 W„; 6th P.M., Colo the center line of which is described as follows: _ . Beginning at a point on the east line of the NW4SW4 Sec. 20, T. 6 S. , R. 94 said point being a distance of 114.7 ft. S. _91.41' E. from the NE corner of the NW;SW4 of said Sec. 20. Thence proceeding in a northwesterly direction N. 360101 W. for a distance of 1,560.0 ft. (sta. 48 4- 00.0 to st. 63 4-- 60. 0). Thence curves left (concave to the west) with a radius of 349.26 ft. and centr. angle of 28.54' for a distance of 176. 17 ft. Thence bears N. 65'04' W. a dist. of 45.2 ft. Thence curves right (concave to the east) with a radius of 303. 30 f and central angle 33.03' for a distance of 174.95 ft. Thence bears N. 32°01' a distance of 34.3 ft. Thence curves right (concave to the.South) with a radius of 125.32 ft. and a central angle of 89'43' for a distance of 196.2Z ft. Thence bears N. 57'42' E. for a distance of762. 7 ft. Thence curves left (concave to t north) with a radius of. 366.44 ft, and central, angle of• 20' 17' for a distance of 128.66 ft. Thence bears N. 37'35' E. for a distance of 76_ 1 ft. Thence cury left (concave to the west) with a radius of 256.91 ft. and.a central angle of 30'29' for a distance of 136.68 ft. Thence bears N. 7.06' E. for a distance of 14. 8 ft. Thence curves left (concave to the south) with a radius of 94. 65 ft. and central angle of 93'09' for, a.distance of 1.53. 88 ft. Thence curves right (concave to the north) with a'radius of 141.88 ft, and central angle of 67'33' for a distance of_167: 27 ft. Thence bears N. 18'30' W. for a distance of 33.0 ft. Thence curves right (concave to the East) with a radius of 185.26 feet and central angle of 65'15' -for a distance of- 106, 20 ft. to a point on the curve Oita:. 85---4- 63.3) said point interaecting the North line of Sec. 20, T. 6 S. , R. 94,_(which bears N.- 88.39' E.-) and -falls a distance of. 721.2 ft. from the corner common to Secs. 17; 18.-19 and 20,- all in T. 6 S, , R. 94 W., thence proceeding from said point on curve for a distance of 116.16 ft.; thence curves Left (concave to the We-st) with a radius of 240. OZ ft. and central angle of 36' 52' for a distance of 154.42 ft. - Thence bears N. 9'53' E, for a distance of 167.5 ft. Thence curves left (concave to the West) with a radius of 203, 88 ft. and central angle of 72.41' fora distance of 258.65 ft... Thence bears N. 62'4: for a distance of 423.4 ft. Thence curves right (concave to the North) with a. radius of 693.94 ft:- and central angle of 9' 54' for a distance of •119.70 ft. Thence bears N. 52'55 W for it distance of 287.9;ft. Thence curves right , (concave -to the east) with a radius of 232.45 ft. and a central angle of 37'59' for a distance bf 97:95 ft. b a point-on'the curve (sta. _ 101 4- 92.1), said point- intersecting the east line of Sec. 18;-T..6-5:, R, 94.E ..,-(which bears due -north) and falls -a distance 'of 186.•5 ft. from the NW -corner .4f the SW4SW4 Sec; 17, T:. 6 S.-, R. 94 W..; thence proceeding from said point on curve for a distance of 56. 13 ft. Thence bears N. 14'56' W. for a distance of 135.8 ft, and terminates at the Naval Reserve Boundary on the northern line of the SE+ of the SE+ Scel: 18; T;'6 S: , o_ 94 W. (at :td. 103 4-. 84.0).. Said point of termination falls a distance of 55.8 ft. and bears S. 89.47' 45" W. from the NE corner of the SE4SEs Sec. 18, T. 6 S., R. 94 W. ,_ containing 12.08 acres, more or less, and is to be used for the construction, operation and maintenanc - of a road, water lines, power and telephone lines and sewer system. • RECLAMATION PLAN PARAHO PILOT PLANT RESEARCH OPERATIONS (Draft) INTRODUCTION The operations proposed by Parhao, would consist of contract research for various clients on the site leased adjacent to Anvil Points. During the ten year lease, it is anticipated that as much as 38,000 tons of retorted shale would be produced. Although it is likely that the client would require the retorted shale be removed from the lease site for additional research studies, the reclamation plan is based upon above -ground disposal of the entire 38,000 tons of retorted shale on the lease site. Although the reclamation of the proposed retorted shale disposal site is the primary concern of the reclamation tasks, the reclamation plan addresses restoration of all areas disturbed by the pilot plant research operations on the lease site. These proposed research operations have been described in Paraho`s permit and zoning applications to the Colorado Department of Health and Garfield County. The Reclamation Plan is described in detail under the headings DESCRIPTION OF TASKS, SCHEDULE, and COST. The tasks, listed in the permits consist of the following: • Dismantlement of structures and foundations; • Removal of materials, fuel, oil tanks, and equipment; • Secure disposal pile and drainage diversion structures for long term stability; • Placement, compaction and contouring of soil cover on exposed areas; • Revegetation of disturbed and exposed areas • Monitoring of vegetation, groundwater, and surface water for at least three years. RECLAMATION PLAN Draft Page 2 • • As discussed under Schedule and Costs, it is anticipated that the reclamation will require three to four years to complete and about $25,000 in 1982 dollars. DESCRIPTION OF TASKS Reclamation activities would begin near the end of the lease period. With no additional extensions, this should occur during 1992. Reclamation activities will be directed towards reclaiming the lease site to conditions as it existed at the start of the lease. After reclamation, the property would then revert back to its original uses: limited grazing by sheep, cattle, and wild- life; access for Anvil Points oil shale mining and research activities; natural gas exploration and development. The tasks involved in reclamation include the following: removal of structures, destruction of cement pads and founda- tions; preparation (compaction) of the retorted shale disposal area; placing soil cover on all exposed areas; revegetating; protect drainage, diversion, and evaporation systems; monitor- ing. Removal of Structures. This task includes the dismantlement of all equipment and buildings and the removal of the dismantled parts, tanks and drums, supplies and stores, and mobile equipment not needed for reclamation work. The materials and equipment, removed from the lease site, will be available for reuse or sale as scrap material. Destruction of Cement Pads and Foundations. All cement pads and foundations used to support buildings and equipment (such as the retort) during operations or to protect the temporary storage piles will be completely broken into small (one foot or less) chunks. These broken chunks may be used as rip -rap covering for • • RECLAMATION PLAN Draft Page 3 the disposal pile or may be left in place, covered with soil and revegetated. Retorted Shale Disposal. Near the termination of retorting operations, the retorted shale stored in the center of the stor- age area under light compaction, along with retorted shale avail- able from the last year's operations would be removed to the edges of the disposal area. There it will be placed in 10-12 inch drifts, 6-10 feet wide, moistened with optimum water, and subjected to heavy compactive effort. Based upon earlier re- search field studies (Heistand and Holtz, "Retorted Shale Research Studies", 13th Oil Shale Symposium, 1979), this will create a stable, strong, impervious perimeter around the shale disposal site. This work will be completed during research operations, before reclamation work is begun. Assuming all the retorted shale produced during the ten-year contract research operations were stored on the above -ground, on- site area, the site would cover the planned 200 foot by 240 foot area to a height of about 20 feet. This is considerably less high than the hills and ridges which surround the site on three sides, thus visibility impacts could be minimal. On the average, the bulk density would be 90 pcf (pounds per cubic foot). Sides would approximate natural slopes for canyons and mesas in the area - a 1.5:1.0 slope. Since the sides, especially the south facing slope, will not support vegetation, a rock rip -rap facing will be considered for cover. Soil Cover. Based upon available surficial soils from local borrow areas, as much as two feet of soil cover will be placed on top of the retorted shale area and other disturbed areas. This surficial soil cover will be contoured and compacted to approxi- mate existing terrain conditions. • • RECLAMATION PLAN Draft Page 2 Revegetation. Revegetation of exposed areas will be carried out to produce ground cover that approximates that found on similar sites in the region. Based upon a soils analysis, ade- quate fertilizers and mulches will be applied to support revege- tation of native species. Revegetation will be done in the fall with a single application of water at that time. Although native species of grasses and shrubs will predominate, special, salt - tolerant species may also be used. Final treatment of the retorted shale disposal area, soil cover, and revegetation will follow guidelines of the Colorado Mined Land Reclamation Board. Special advisors, such as experts on the staff of Colorado State University and Garfield County Agricultural Officer, will be con- sulted regarding final revegetation. Control Systems. The drainage, diversion, and evaporation systems now in place on the lease site will be utilized to protect the reclaimed site from erosion caused by runon surface water and to protect regional surface water from possible contam- ination from the disposal site. Drainage and diversion systems will be enlarged, widened, and protectived by rip -rap where necessary to assure long term stability. Monitoring. A monitoring program is planned to last at least three calendar years after revegetation work has been com- pleted. It is anticipated that the monitoring program would con- sist of performing the following tasks on an annual basis: (1) Vegetation - catalog and identify species; measure plant density using quadrants or transects; monitor plant growth, stability and health. 1 • RECLAMATION PLAN Draft Page 5 (2) Water - continue monitoring water in alluvial wells and ponds for these parameters: depth of water, pH, and electrical conductivity. (3) Others - examine surfaces of disposal area and control systems for evidence of erosion; monitor disposal area for temperatures and moisture content at the surface and selected depths within the pile. Results of this program will be reviewed annually to determine the need, if any, of additional reclamation work or extension or modifications of the monitoring program. • • SCHEDULE Reclamation activites will be started after the cessation of the retorting research oeprations. It is presumed that, with the exception of monitoring, this work would be completed during the fall quarter. All planned activities would be complete within 38 months after the termination of the retorting operations. A general concept of the planned reclamation work is shown in Figure 1. Structures will be removed in a 30 -day period ending November 1. Destruction of cement pads will follow ending about one week later. Preparation of the retorted shale disposal area will be carried out during the latter stages of operations and will be complete by early October. Soil cover will be placed on exposed areas from mid-October to mid-November. Revegetation will follow and should be complete by late November. Work on the control systems will be carried out concurrently with the other tasks and should be complete by December. Monitoring will be carried out annually for at least three years during the spring quarter (mid-April to mid-July). The status of the reclamation will be reviewed annually at the end of each calendar year. It is assumed that the reclamation will be complete at that time. 41 41 41 D • • • COSTS 1. Dismantlement of retort, hoppers, conveyors sampling and weighting stations, oil and fuel tanks, lab and control room, shop. Cost $ None* 2. Removal of shale oil storage tanks, fuel oil None* tanks, mobile equipment, and spare parts. 3. Cement foundations, pads, or floors for retort, (200 Man - lab, control room, shop, fuel oil and shale oil Hours) storage tanks to be torn out and broken up. 4. Cement pads for temporary stockpiles of raw (100 Man - and retorted shale (ripped and broken). Hours) 5. Soil cover (up to two feet thick) for retorted shale disposal ile and areas of retort, lab, shop and tankage. (Placement, compaction and contouring). 6. Protect drainage and diversions from long term degradation and secure disposal pile for long term stability. 7. Revegetation of disposal pil and other exposed areas. (Hydroseeding, mulching, fertilizing and irrigation.) 8. Monitoring for three years of surface and (200 Man - ground water and vegetation. (Labor cost plus Hours) equipment plus lab analyses.) 3,200(1) 1,600 11,200(2) 1,600 3,000 3,200 9. Contingency 1,550(3) TOTAL 25,350 * Reissue and shalvage value exceeds dismantlement and removal costs. (1) Items #4, #4, and #8 are based on man-hours @ $16/man-hour. (2) Items #5, #6, and #7 are based on cost estimates for the Paraho-Ute recla- mation plan @ $7,900/acre. The total of items #5, #6, and #7 equals $15,800 (2 x $7,900). (3) Contingency equals 25% of revegetation and monitoring costs in case seeding efforts prove unsuccessful, berms are washed out, or other erosion controls fail. PARAHO DEVELOPMENT CORPORATION FOR THE!OFNKINDe CHARLES F. METZGER. ti Vice President Marketing And OCT 0 41984 Governmental Affairs GAi�1 t i:LD EIVED ilk COUNTY ATTORNEY October, 2, 1984 Mr. Earl G. Rhodes Garfield County Attorney 109 8th Street, Suite 300 Glenwood Springs, CO 81602-0640 Dear Earl: Enclosed is the renewed CD for our bond as well as the letter of Assignment and the Receipt which you return to Paraho. Also, pursuant to our conversation regarding the tax issues, it is Paraho's intent to pay its 1983 taxes as soon as the immediate issues we are jointly discussing are resolved to everyone's satisfaction. Thank you for your help and cooperation. Sincerely yours, Charles F. Metzger Vice President CFM/bl Enclosures 183 INVERNESS DRIVE WEST • SUITE 300A • ENGLEWOOD, COLORADO 80112 • (303) 694-4949 • TWX: 910 931 2537 EXHIBIT B ASSIGNMENT OF ACCEPTABLE SECURITY THE UNDERSIGNED PARAHO DEVELOPMENT CORPORATION (the "Company") on behalf of its wholly owned subsidiary, DEVELOPMENT ENGINEERING, INC., represents that it is the Owner of the attached security identified as follows: Certificate of Deposit No. 100811590, in the amount of Twenty-five Thousand Dollars and No/cents ($25,000.00) issued by Central Bank of Denver on August 6, 1984, maturity date February 8, 1984. The Company hereby assigns and transfers, unto the Garfield County Board of County Commissioners, all of its right, title and interest in and to said security, and does hereby irrevocably constitute and appoint the Garfield County Board of County Commissioners as its attorney to transfer said security unto the Garfield County Board of County Commissioners, all as provided in the Letter agreement dated April 23, 1984 between the Company and the Board of County Commissioners. Assingment of Security, identified herein, is for the purpose of securing performance of obligations of the Company as to reclamation activities, pursuant to resolution Nos. 82-294 and 84-85, and the obligations of the Company, as contained in a letter of April 23, 1984. The Garfield County Board of County Commissioners shall not have the right to transfer ownership of said security, except in compliance with the terms of the letter of April 23, 1984. DATED at Denver, Colorado, this 1 day of October, 1984. j�, President Central Bank w Denver D.IIYw. Womb .ee WOQl2 ]O /111WU 6 ISSUE DATE 8/8/84 NOT TRANSFERABLE ACCOUNT NO. (as defined by Federal Reg. 12 CFR Part 204) TIME CERTIFICATE OF DEPOSIT CERTTIIFICATE' SOCIAL SECURITY 84-0615660 ❑s5 ly I�p /�11f.. 1^ OR I.D. NUMBER '/� 1 U A P Paraho Development Corp. E • s nJTWROS S HAS DEPOSITED Twenty five thousand and 00/100 DOLLARS $ 25,000.00 IN THIS BANK DRAWING INTEREST AT 10.50 PER CENT PER ANNUM PAYABLE AS SET HEREIN BELOW AND MATURING_6 mn from issuTHIS CERTIFICATE TO THE e (2/R/R5 ) CCERTIFICATE IS PAYABLE TO THE ABOVE NAMEDENTRAL BANK OF DENVER. AVBANK NG CORPORATION PTH SAYEEICERTIFICATE S, OR N5 SUBJECT TO COLORADO STATES UPON PRESENTATION. RSURRENDER AND TO REGULADTIIONS OF THEFFEDERAL. RESERVE SYSTEM NOW OR HEREAFTER IN EFFECT AND TO CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF. PAY INTEREST TO. OFFICER NO ❑©r CKGn SAV❑ ACCT 824-550 CR CKG INTEREST DISPOSITION ScR AV ❑ MAIL ❑ HOLD❑ COMP❑ 183 Inverness West Suite 300 Englewood, CO 80112 CERTIFICATE TYPE AUTO SINGLE RENEWAL❑ MATURITYa OPENED BY: MS/mk PGD❑ 008 L L 590 ': LO 2000 5 391: AUTHORIZED SIGNATURE INTEREST PAID WHEN ®❑❑❑❑ MO OT SA A MAT REDEEMED AMOUNT RECEIPT The undersigned, on behalf of the Garfield County Board of County Commissioners (the "County"), hereby acknowledges having received from Paraho Development Corporation ("Paraho") the following: Central Bank of Denver Certificate of Deporit No. 100811580 in the amount of $25,000.00 issued in the name of Paraho Development Corporation on August 8, 1984, maturity date February 8, 1984. along with the Assignment of Acceptable Security from Paraho to the County dated V , 1984 and attached to such Certificate of Deposit. The Certificate of Deposit and the Assignment of Acceptable Security are delivered to the County pursuant to Resolution Nos. 82-294 and 84-85 and the letter agreement between Paraho and the County dated April 23, 1984. Received and acknowledged this day of `4/ 1984. Board of County Commissioners Garfield County, Colorado > Y � 1, ` ,� Title: ?��r�c<� 1 P.O. Box 640 riii GARFIELD COUNTY �� COUNTY ATTORNEY'S OFFICE It APR 1'4 984 Glenwood Springs, Colorado 81602-0640 GARFIELD CO.//`y a r;;; Phone 945-9150 April 12, 1984 Debra L. O'Connor Contract Administrator Paraho Development Corporation 183 Inverness Drive West, Suite 300A Englewood, CO 80112 RE: Resolution No. 82-294 Dear Ms. O'Connor: C� Pursuant to my telephone conversation with you of April 11, 1984, enclosed please find the following: 1. Form for Assignment of Acceptable Security; and 2. Proposed Resolution re: Substitution of Security. It is my understanding that Paraho Development Corporation is desirous of releasing its bond, which was security pursuant to a letter of April 11, 1983, and substituting in its place a Certificate of Deposit. The County has no objection to this, and in order for this to be accomplished, the Assignment of Acceptable Security needs to be signed, and the Certificate of Deposit needs to be tendered to the County. As I indicated to you, the Certificate of Deposit would remain in the name of Paraho Development Corporation. After the County has received these documents, it would forward, to the Insurance Company of North America, a certified copy of the enclosed Resolution. I spoke with Mr. James Tierney of the Insurance Company of North America, and he has agreed to accept a certified copy of the enclosed Resolution as release of his company's obligations. I will be in Denver on April 17, 1984, and would be happy to come to your office to exchange documents. Very truly yours, i I � L Earl G. Rhodes Garfield County Attorney EGR/sl Enclosures pc: Mark Bean, Garfield County Planner Garfield County Board of County Commissioners (without enc.) Harriet Hunt, Johnson & Higgins, 950 17th St., Suite 1750, Denver, Colorado 80202 • • ASSIGNMENT OF ACCEPTABLE SECURITY THE UNDERSIGNED COMPANY represents that it is the Owner of the attached security identified as follows: Certificate of Deposit No. , in the amount of Twenty -Five Thousand Dollars and No/Cents ($25,000.00) issued by on , 1984, maturity date , 1984. The Company hereby assigns and transfers, unto the Garfield County Board of County Commissioners, all of its right, title and interest in and to said security, and does hereby irrevocably constitute and appoint the Garfield County Board of County Commissioners' attorney to transfer said security at any time unto the Garfield County Board of County Commissioners. Assignment of security, identified herein, is for the purpose of securing performance of obligations of the Company as to reclamation activities, pursuant to Resolution No. 82-294, and the obligations of the Company, as contained in a letter of April 11, 1983. The Garfield County Board of County Commissioners shall not have the right to transfer said security, except in compliance with the terms of the letter of April 11, 1983. DATED at Denver, Colorado, this day of April, 1984. PARAHO DEVELOPMENT CORPORATION By: (Title) ATTEST: Secretary ,-. GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 October 27, 1983 Ed Cooley 1214 Access Road, Suite 103 Rifle, CO 81650 Dear Mr. Cooley: As a result of an on-site inspection by the Garfield County Department of Development, the following potential violation of the conditions of approval contained in Resolution No. 82-294 , were noted: Condition #5 - The applicant shall meet all local, state and federal agency permit reguirements. The County records indicate that there is no Certificate of Occupancy for the Administration and Maintenance Buildings. Please contact the Department of Development/Planning Division at 2014 Blake Ave., Glenwood Springs, or 945-8212 or 625-3321, by November 7, 1983, to initiate a discussion on possible resolution of the above noted violation. If you choose not to respond to this letter by the date noted, the Department of Development will turn all information over to the Garfield County Attorney for legal action. Your cooperation in this matter will be appreciated. Mark L. Bean Senior Planner MLB/emh AlA 2014 BLAKE AVENUE 83 GLENWOOD SPRINGS, COLORADO 8160. do Board of County Commissioners Attention: Earl G. Rhodes, Esq. Garfield County, Colorado P.O. Box 640 Glenwood Springs, Colorado 81602 Re: Development Engineering, Inc. Special Use Permit Road Maintenance Agreement Dear Mr. Rhodes: Enclosed is a check in the amount of $5,000.00 made payable to Garfield County. We are sending this check in lieu of the previously proposed pledge agreement with the Certificate of Deposit for $5,000.00. This check is to cover the cost of certain improvements to the access road to the United States' Anvil Points Research Facility associated with the special land use permit granted to Development Engineering in Resolution No. 82-294 of the County Commissioners. We understand that you will hold this check without endorsing and depositing it for payment until Garfield County has both executed a written agreement with the United States Department of Energy authorizing the County to use or make improve- ments to the Anvil Points access road and actually begun to make improvements to that road. If requested by the Board of Commissioners, we will be willing to replace the check at the end of each 120 -day period after the date of the check so that the check date does not get too stale. We would appreciate your signing below to acknowledge receipt of this check and that this arrangement is agreeable to you. Accepted and acknowledged Garfield County Cosioners Garfield County, Chair a fl , 1 Date FEC/DJ/oh Enclosure cc: Helen Sucheky David Jurist (w/copy of check) E. Reese Davis (w/copy of check) Sherrie Hender (w/copy of check) Sincerely, F. Edward Cooley /TTL Vice President Paraho Development Corporation Development Engineering, Inc. 117":4441 "AA. Li gre"---4, PARAHO DEVELOPMENT CORPORATION 1214 Access Road Suite 103 Rifle, Colorado 81650 PAY FIVE THOUSAND and no/100 TO THE ORDER OF DOLLARS E L Board of County Commissioners Garfield County Colorado P.O. Box 640 Glenwood Springs, CO 81602 J N° 761 FIRST NATIONAL BANK RIFLE, COLORADO 82-456/1021 DATE 5-23-83 AMOUNT $ 5000.00 0000 76 Li" ': LO 2 LOL, 56 Li: 0 LO 87 Lig' V noory moumaln Bank N410 PAYE E: DETACH THIS STATEMENT BEFORE DEPOSITING PARAHO DEVELOPMENT CORPORATION DATE INVOICE NO. DESCRIPTION AMOUNT DISCOUNT OR DEDUCTION NET AMOUNT 5-23-83 Ck. No. 761 For road maintenance on Anvil Points Road as per Resolution - No. 82-294 of the Garfield County Commissioners 5000.00 5000.00 P. O. Box 640 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE 1983 Glenwood Springs, Colorado 81602 Phone 945-9158 MEMORANDUM TO: Mark Bean Senior Planner FROM: Earl G. Rhodes 411Q - Garfield - Garfield County Attorney DATE: May 24, 1983 SUBJECT: Development Engineering, Inc. Land Use Permit and Certificate of Designation Enclosed please find a copy of a letter I have sent to Ed Cooley of Paraho Development, Inc. I am enclosing, for you, copies of all of these documents for the Planning records. The original signed copies and the original financial instruments are in the County Attorney's possession and stored in the Treasurer's vault. If you have any questions about this, pleae do not hesitate to contact me. /sr Enclosures GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE P. O. Box 640 Glenwood Springs, Colorado 81602 May 27, 1983 F. Edward Cooley, Vice President Paraho Development Corporation 1214 Access Road, Suite 103 Rifle, CO 81650 Phone 945-9158 DICTATED BUT NOT READ RE: Development Engineering, Inc. Land Use Permit and Certificate of Designation for Solid Waste Disposal Site Dear Ed: The purpose of this letter is to confirm that on May 23, 1983, I tendered to you the following: 1. Original Certificate of Designation for DEI for a solid waste disposal site; 2. Special Use Permit for operations for DEI; 3. Original letter dated April 11, 1983, on your stationary, which is a Reclamation Agreement in regards to the above Land Use Permit; and 4. Original letter dated April 11, 1983 in regards to a Road Maintenance Agreement. Items number 3 and 4 above contain the signature of the Chairman of the Board of County Commissioners. For your purposes, you and the representatives from the Insurance Company of North America ought to sign these. I am keeping signed copies of these Agreements for my file. I also have, in my possession, a check for Five Thousand Dollars and No/Cents ($5,000.00) written on the First National Bank of Rifle, which is for road maintenance and improvement purposes. Also, I am in possession of an Agreement dated May 23, 1983, which indicates this check will not be deposited until such time as we have a written agreement with the Federal Government. I appreciate the cooperation you have shown to this office. If anything further needs to be done, please do not hesitate to contact me. Very truly yours, Earl G. Rhodes Garfield County Attorney EGR/sr pc: Helena A. Suchecky, Holme, Roberts & Owen, 1700 Broadway, Denver, CO 80290 April 11, 1983 Board of County Commissioners Garfield County, Colorado P.O. Box 640 Glenwood Springs, Colorado 81620 Attention: Earl G. Rhodes, Esq. Re: Development Engineering, Inc. Special Use Permit No. Insurance Company of North America Bond No. K01092078 Gentlemen: Pursuant to the special land use permit (the "Per- mit") granted to Development Engineering, Inc. ("DEI") pursuant to Resolution of the County Commissioners No. 82-294 (the "Resolution") the County Commissioners have authorized the operation of a mineral waste disposal site on the following tract of land: SWa .SW1 Section 17, NW . SE , S% SE, Section 18, NWS NMI Section 20, all in Township 6 South, Range 94 West of the 6th Principal Meridian,Garfield County, Colorado. This letter will record the terms of the reclamation bond agreement (the "Agreement") between DEI, a Colorado corporation, Paraho Development Corporation, a - Colorado corporation and the sole shareholder of DEI ("Paraho"), the Insurance Company of North America, a cor- poration organized and existing under the laws of Pennsyl- vania and duly authorized to transact a bonding and surety business in the -State of Colorado ("Warrantor") and the-.• Board'of County Commissioners of Garfield County, Colorado ("County") regarding the.posting of a reclamation bond by DEI to secure reclamation of the mineral waste disposal site. 1. The Resolution provides that "the applicant shall submit reclamation_.plans, cost estimates, and some -form.of security so that the estimated reclamation act vi. ties •will - take place upon, cessation•of research activities. The estimates and security will be reviewed-by-the•planning staff and county attorney for adequacy and proper forrat." Further, Section 5.03.07(5) of the Garfield•County Zoning Resolution, adopted January 2, 1979, provides that a plan for site rehabilitation be submitted to the County before the Permit is issued and, if security is required by the County, "the applicant shall furnish evidence of a bank • • Board of County Commissioners Garf.eld County, Colorado Apri� 11, 1983 Page 2 commitment of credit, or bond, or certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the. site rehabilitation plan in workmanlike manner and in accordance with the specifications and con- struction schedule established or approved by the County Commissioners." DEI has submitted the required reclamation plan -and reclamation cost estimates (the "Reclamation Plan") for review by the planning staff and the county attorney, and the Reclamation Pian has been approved by the planning staff and the county attorney. A copy of the Reclamation Plan is attached hereto as Exhibit A. 2. DEI and Warrantor hereby promise that they will be responsible for the estimated costs of reclamation in accordance with the Reclamation Plan. DEI and Warrantor are hereby bound unto the. County in the sum of Twenty. Five Thousand and no/100 Dollars (525,000.00) for the perfor- mance of the obligations undertaken by DEI in the Reciama- tion Plan. The consideration for Warrantor's execution of this agreement is the promise of Paraho to pay the premiums, but failure by Paraho to pay such premiums shall not invalidate or diminish Warrantor's obligation hereunder. 3. (a) If the County determines that DEI has failed to perform the cbligtions undertaken in the Reclama- tion Plan, then the County shall promptly notify DEI in writing of such determination, including, specifically, the portion of the Reclamation Plan DEI has failed to comply with, and the corrective action required to achieve compli- ance with the Reclamation Pian. DEI shall have 30 days from the receipt of such notice to demonstrate in writing how compliance with the reauirements in such notice will be achieved or to contest in writing the County's determination that DEI has failed to comply with the Reclamation Plan. Such 30 -day period shall be subject to extension upon a showing by DEI that additional time is required to determine remedial action. If DEI fails to respond to any notice given under this section 3(a) within such 30 -day period, the County may make demand for payment from Warrantor here7,±: under. No other condition precedent:need be fulfilled- :to:_' entitle the County to receive the amount so demanded. How ever, if, upon completion of the reclamation by the County, the amounts expended for reclamation shall be less than the amount received from Warrantor, the.excess shall be promptly refunded to the Warrantor. If DEI contests the County's_ determination that DEI has failed to comply with the Recla- mation Plan, such issue shall be resolved in accordance with section 5 of this Agreement. • • Board of County Commissioners Garfield County, Colorado April 11, 1983 Page.3 (b) If the County, after providing DEI with the notice provided for in section 3(a) above and after receipt of written notification that DEI is contesting the County's determination that it has failed to comply with the Reclamation Plan, determines that immediate corrective action is required to protect the public health, safety and welfare, the County may, as provided in section 3(a) above, make demand for payment from Warrantor in an amount equal to the reasonable cost and expense of such corrective action.. The County shall notify DEI in writing of any such action and DEI may contest the issue of its liability after payment to the County has been made in accordance with section 5 of this Agreement. If such issue is resolved in DEI's favor, the County shall within 5 business days of said resolution refund the amount so paid by Warrantor. (c) If the County receives payment from Warrantor pursuant to sections 3(a) or 3(b) above, the County shall provide DEI and Warrantor with a written monthly accounting of all funds disbursed on account of the failure of DEI to comply with the Reclamation Plan. Any such funds which the County does not immediately spend.in achieving compliance shall be deposited as soon as practi- cable in an interest generating account. Any non -expended funds, together with any interest earned -on such funds, shall be returned to Warrantor within 15 days upon comple- tion of remedial action by the County. (d) The Warrantor shall not be liable under this agreement for an amount greater than the sum designated herein, unless increased with the written agreement of War- rantor. The County and DEI may review this agreement from time to time and, with the agreement of Warrantor, may increase the amount payable by Warrantor hereunder to -cover increases in the estimated costs of performing the obliga- tions described in the Reclamation Plan. (e) Warrantor may cancel its agreement here- under only upon an anniversary date and only by giving written notice to that effect by certified mail, - at least -90 -- days prior to such anniversary date, addressed to both.DEI - and the County at their respective. addresses set forth' below. In the event of such -cancellation, Warrantor -shall nevertheless remain obligated hereunder as respects the reclamation of all areas disturbed prior to the effective date of such cancellation unless and until DEI shall provide substitute security which (1) assures liability for all reclamation obligations which shall have arisen at any time 1 • Board of County Commissioners Garfield County, Colorado April 11, 1983 Page. 4 while this reclamation bond is in force; and (2) is accepted in writing by the County. 4. DEI•shall notify the County in writing of com- pletion, in DEI's reasonable judgment, of the obligations undertaken in the Reclamation Plan. The County shall respond in writing to such notification within 30 days and indicate either (i) its agreement with DEI's determination of comple- tion, in which event the County shall release DEI and War- rantor in writing from the obligations of this Agreement and the County shall have no further right to demand payment from Warrantor, or (ii) its disagreement with DEI's determi- nation of completion. Any dispute under this section 4` shall be resolved in accordance with the provisions of sec- tion 5 of this Agreement. S. . Any and all disputes arising under this Agree- ment shall be settled to the extent possible by good faith negotiations by duly appointed representatives of DEI, War- rantor and the County. If such negotiations do not result in a mutually agreeable settlement within 60 days of the commencement of such negotiations, said disputes shall be settled by appropriate action filed in the Colorado State District Court for Garfield County, Colorado, to which Court's jurisdiction the parties hereto submit. 6. This Agreement, and the richts and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Colorado. 7. All notices and other communications provided for herein shall be effective uoon receipt by the party to whom such notice is directed. Notices to DEI and Paraho shall be directed to: Development Engineering, Inc. 183 Inverness Drive West Suite 300-A Englewood, Colorado 80112 Attn: E. Edward Cooley, Vice President of Operations Notices to Warrantor shall be directed to: Insurance Company of North America 3300 South Parker Road Aurora, Colorado 80013 Attn: James M. Tierney II • Board of County Commissioners Garfield County, Colorado ,ri 1 11, 1983 Page 5 Notices to the County shall be directed to: Garfield County Commissioners P.O. Box 640 Glenwood Springs, Colorado 81620 8. This Agreement contains the entire agreement between DEI, Paraho, Warrantor.and the County with respect to the subject matter hereof and may not be modified in any manner except by an instrument in writing signed by all parties. Please acknowledge your agreement to the above terms and conditions by dating, signing and returning to us the enclosed copy of this letter. Accepted and agreed to this llth day of April, 1983. Garfield County Commiss Garfield County, Color Very truly yours, Paraho Development Corporation Development Engineering, c. By: Edc�*ard Cooley, Vice President Insurance Corporation of North America By: /i4/ yeres M. Tierney 140 Attorney in Fact �\ i • • STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of May, 1983, by F. Edward Cooley as Vice President of Paraho Development Corporation and Development Engineering, Inc. My commission expires: Address: Notary Public NOTARIZATION OF WARRANTOR'S ACKNOWLEDGMENT STATE OF COLORADO ) COUNTY OF ARAPAHOE ) ss. Subscribed and sworn to before me th},s 44-k day of May, 1983. My commission expires: �!-IO -86 / NoEary Public G74f), !j'�lrt`'l. 3300 S• i%A. Address aa4,i9gal 6D Address i�'�:: /,•,;��trlii :11.0," 1 a EXIIIBIT A PARAHO RESEARCH AND DEVELOPMENT CENTER RECLAMATION PLAN RECLAMATION PLAN PARAHO PILOT PLANT RESEARCH OPERATIONS INTRODUCTION The operations proposed by Paraho, would consist of contract research for various clients on the site leased adjacent to Anvil Points. During the ten year lease, it is anticipated that as much as 38,000 tons of retorted shale would be produced. Although it is likely that clients would require the retorted shale be removed from the lease site for additional research studies, the reclamation plan is based upon above—ground disposal of the entire 38,000 tons of retorted shale on the lease site. Although the reclamation of the proposed retorted shale disposal site is the primary concern of the reclamation tasks, the reclamation plan addresses restoration of all areas disturbed by the pilot plant research operations on the lease site. The Reclamation Plan is described in detail under the headings: DESCRIPTION OF TASKS, SCHEDULE, and COST. The tasks consist of the following: ▪ Dismantlement of structures and foundations; o Removal of materials, fuel, oil tanks, and equipment; ° Secure disposal pile and drainage diversion structures for long term stability; o Placement, spreading and contouring of soil cover on exposed areas; o Revegetation of disturbed and exposed areas; o Monitoring of vegetation, groundwater, and surface water for at least three years. 1 3/21/83 As discussed under Schedule and Costs, it is anticipated that the reclamation will require three to four years to complete and about $25,000 in 1982 dollars. DESCRIPTION OF TASKS Reclamation activities would begin near the end of the lease period. With no additional : extensions, this would occur during 1992. Reclamation activities will be directed towards reclaiming the lease site to conditions as it existed at the start :of the lease. After reclamation, the property would then revert back to its=, original uses: limited grazing by sheep, cattle, and wild life; access for Anvil Points oil shale mining and research activities; natural gas exploration and development. The tasks involved in reclamation include the following: removal of structures, destruction of cement pads and foundations; preparation (compaction) of the retorted shale disposal area.; placement of soil cover on all exposed areas; revegetation; protection of drainage, diversion, and evaporation systems; monitoring. Removal of Structures. This task includes the dismantlement of all equipment and buildings and tie removal of the dismantled_ - parts, tanks and drums, supplies and stores, and mobile equipment_.. not needed for reclamation work. The materials . and equipment removed from the lease site: will be available for,, reuse a sale;_ as •scra;:ma erial' Destruction of Cement Pads and Foundations. All cement ads and foundations , will he ;,r broken into =; small (one . foot `or less s. These broken chunks may be used as rip -rap coverin disposal area or may be left in place, covered -4 s revegetated. 3/21/83 • • Retorted Shale Disposal. Retorted shale will be placed in 10-12 inch lifts, 6-10 feet wide perimeter around the disposal site, moistened with optimum water (22 wt%).and subjected to heavy compactive effort. Based upon earlier research field studies (Heistand and Holtz, "Retorted Shale Research Studies", 13th Oil Shale Symposium, 1979), this will create a stable, strong, impervious perimeter around the shale disposal site. Retorted shale in the center of the disposal site will be moistened to 1-3 wt% water for dust control as needed and subjected to light compaction. This work will be completed during research operations, before reclamation work is begun. Assuming all the retorted shale produced during the ten-year contract research operations were stored on the above -ground,. onsite area, the site would cover the planned 200 foot by 240 foot area to a height of about 20 feet. This is considerably lowerthan the hills andridges which surround the site on two sides, thus visibility impacts would be minimal. On the average, the bulk density would be 90 pcf (pounds pet cubic foot). Sides would approximate natural slopes for canyons and mesas in the area - a 1.5:1.0 slope. Since the sides, especially the south facing slope, are difficult to will be considered for cover. vegetate, a rock rip -rap facing Soil Cover. Based upon available surficial soils from local borrow areas, as much as two feet of soil cover will be plac top of the retorted shale area and other disturbed areas. surficial soil cover will be contoured and compacted to approximate existing terrain conditions. • • Revegetation. Revegetation of exposed areas will be carried out to produce ground cover approximating that found on similar sites in the region. Based upon a soils analysis, adequate fertilizers and mulches will be applied to support revegetation of native species. Revegetation will be done in the fall with a single application of water. Although native species of grasses, forbs, and shrubs will predominate, introduced, . salt- tolerant . species mayalso be used.Final treatment of` the retorted shale : d isposa 1 area, soil cover, and revegetation will follow guidelines :of'the Colorado Mined Land Reclamation Board. Advisors,. such as'the: Plant Center in Meeker, Colorado; Colorado Department of Health, Solid Waste Management Division; and Garfield County Extension Agent; will be consulted regarding final revegetation. Control Systems. The drainage, diversion, and evaporation systems now in place on the lease site will be utilized to protect the reclaimed site from erosion caused by runon surface water and to protect regional surface water from possible contamination from the disposal site. Drainage and diversion systems will be enlarged, widened, and protected by rip-rapwhere necessary to assure long term stability. Monitoring. A monitoring program is planned to last at least .. . three calendar years after revegetation work has been completed. is anticipated _that the :monitoring program would co performing the following tasks on an annual' basis: (1) Vegetation - Identify species; measure plant densi± and cover using quadrats and transects; monitor„ growth. 4 4/08/83 • • . (2) Water - continue monitoring water in ground water wells and evaporation pond fc these parameters: depth of water, pH, COD, and electrical conductivity. (3) Others - examine surfaces of disposal area and control systems for evidence of erosion; monitor disposal area for temperatures and moisture content at the surface and selected depths within the pile.` Results of this program will be reviewed annually to determine the need, if any,, of additional reclamation work, extension or. modifications of the monitoring program. • • SCHEDULE Reclamation activites will be started after the cessation of the retorting research operations. It is presumed that, with the exception of monitoring, this work would be completed during the fall quarter. All planned activities would be complete within 36 months after the termination of the retorting operations. A general concept of the abandonment schedule is shown in Figure 1. Structures will be removed in a 30 -day period ending. November 1. Destruction of cement pads will follow ending about one week later. Preparation of the retorted shale disposal area will be carried out during the latter stages of operations and will be complete by early October. Soil cover will be placed on exposed areas from mid-October to mid-November. Revegetation will follow and should be complete by late November. Work on the- drainage hedrainage control systems will be carried out concurrently with the other tasks and should be complete by December. Should unusual inclement weather prevent fall revegetation, spring planting would be carried out. Monitoring will be carried out annually for at least three years during the spring quarter: (mid-April to mid-July). The status of the reclamation will: be reviewed annually at the end of each calendar year. It is m expecxted that the reclamation will be complete after thre years. • A s • A z fftQ r 0 3 3 2 i9 � • • COSTS • Dismantlement of retort, hoppers, conveyors sampling and weighing stations, oil and fuel tanks, lab and control room, shop. Removal of shale oil storage tanks, fuel oil None* tanks, mobile equipment, and spare parts. . Cement foundations, pads, or floors for retort, (200 Man- 3,200(1) lab, control room, shop, fuel oil and shale oil Hours) storage tanks to be broken up. Reclamation of stockpiles of raw shale (100 Man- 1,600 Hours) Cost $ None * Soil cover (up to two feet thick) for retorted shale disposal pile and areas of retort, lab, shop and tankage. (Placement, compaction and contouring). Protect drainage and diversions from long term degradation and secure disposal pile for long term stability. Revegetation of disposal pile and other exposed areas. (seeding, mulching, fertilizing and irrigation.) 11,200(2) 1,600 3,000 Monitoring for three years of surface and (200 Man- 3,200 ground water and vegetation. (Labor cost plus Hours) equipment plus lab analyses.) Contingency 1,550(3) TOTAL 25,350 * Reuse and salvage value exceeds dismantlement and removal costs. 1) Items #3, #4, and #8. are based on man-hours @ $16/man-hour. 2) Items #5, #6, and #7 are based on cost estimates for the Paraho-Ute recla- mation plan @ $7,900/acre. The total of items #5, #6, and #7 equals $15,800 (2 x $7,900). 3) Contingency equals 25% of revegetation and monitoring costs in case seeding efforts prove unsuccessful, berms are washed out, or other erosion, controls fail. 4/08/83 • iuVvitK lit UKNLY4111 596872 INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Pres;dent, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds; undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and. to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by - facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors ort June 9, 1953. does hereby nominate, constitute and appoint JAMES M. TIERNEY, II, LOUIS R. WEBB, BARBARA JACKSON and AMY L. RASBACH,all of the City of Denver, State of Colorado , each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said MICHAEL B. FODOR , Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 8th day of December 19 82 (SEAL) PENNSYLVANIA STATE OF COUNTY OF ss. PHILADELPHIA RANC /CO .iZNOR MICHAEL B. FODOR AMERICA ce-President On this g�}� day of DecemberA. D. 19. 82 , before me, a Notary Public of the COMMONWEALTH OF PA. in and for the County of PHILADELPHIA came MICHAEL B. FODOR , Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument; -and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the. corporate seal of said Company; that the said corporate seal and his signature were duly affixed by.the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the p seceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of PHILADELPHIA the day and year first above written. LETITIA H. CLARK �- ( Notary Public Phi1a . Phila. County �GLtL. , .. if?ia.: l My Commission Expires August 22. I9E3 Notary Public. Letitia H. Clark (SEAL) My commission expires 1 .4 i, the undersigned, XANtirirf Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify. that I` ' ;the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. • In witness whereof, 1 have hereunto subscribed my name as AsS4N Secretary, and affixed the corporate seal of/the 'Corporation, this 29th day of Anr^ 19 83 (SEAL) TAMFC C T.IVTT TV vv.•veuw Ovv,E1 Of- AHOR►NI, • 596899 INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal otfice in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognisances, contracts and other writings in the nature thereof, the same to• be attested when necessary by the Secretary, an Assistant Secretary or a Resident_ Assistant Secretary and;the seal of the Company affixedthereto: and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and , torney>-in-F,:ct to so execute or attest to the executiiin.of all such wrr.r.ings on behalf of the, Company and to affix the seal of the Company thereto. (2)• Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as:though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Cornpany may be affixed by facsimile ort any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the sea! of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company_• ""'° (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verily copies of this Resolutiorr, the By -Laws of the• Company, and any affidavit or record of the Company necessary to the discharge of their duties - (5) The passage of this Resolution does not revoke any earlier authority granted I.y Resolution of the Board of Directors on June 9, 1953.-„.7y.:,,,,.. - -s.a, ^ does hereby nominate, constitute and appoint JAMES M. TIERNEY, II, LOUIS R. WEBB, BARBARA JACKSON and AMY L. RASBACH,ail, of the City of Denver, State of Colorado.-- , each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the executionof such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said MICHAEL B. FODOR , Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 8th day of December _19 82 (SEAL) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. RANC•1%CO ' • NY <. NOR AMERICA MICHAEL B. FODOR ce-President • On this gt} day of ...Decembe --- , A. D. 19- ggZ !. before me, a Notary COMA:ONWEALTH OF PA.P1IJLrADELPHIA • Public of the in and for the_ County of came ••MICHAEL B. FODOR Vice -_President 'of_the INSURANCE COMPANY' OF NORTH AMERICA to me personally known -to be the individual and officer who executed -the preceding >i.:.. instrument, and he• acknowledged that he executed the same; that the seal affixed to -the preceding instrument is the _ corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and ' --7:-' ` direction of the said. corporation, and that Resolution, adopted by the- Board of Directors•of said Company, referred to in the p eceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of PHILADELPHIA the day and year first above written.)LETITIA H. CLARK . Notary Public Phila.. Phila. County ) 0/ �jy, (SEAL) My Commission Expires August 22. 1983 Notary Public. M commission expires • Letitia H. Clark r;4'. i the undersigned, A 4rAsi Secretary of INSURANCE COMPANY OF NORTH•AMERICA, do hereby certify that f , '.'tie- oiiginal POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. I ,j In witness whereof, I have hereunto subscribed my name 'as A�3�f g Secretary, and affixed the corporate seal ,o tthe'Corporation, this 6th day of 'da'✓ 19 83 (SEAL) JAMES WYLLI AN:XMerreta ry • • April 11, 1983 Board of County Commissioners Garfield County, Colorado P.O. Box 640 Glenwood Springs, Colorado 81620 Attention: Earl G. Rhodes, Esq. Re: Development Engineering, Inc. Special Use Permit No. Road Maintenance Agreement Gentlemen: Pursuant to the special land use permit (the "Per- mit") granted to Development Engineering, Inc. ("DEI") pursuant to Resolution of the County Commissioners No. 82-294 (the "Resolution") the County Commissioners have authorized the operation of a natural resource processing facility on the following tract of land: SW; SW; Section 17, NW SE;, S1/2 SEQ Section 18, NW; NW Section 20, all in Township 6 South, Range 94 West of the 6th Principal Meri- dian, Garfield County, Colorado. This letter will record the terms of the agreement between Development Engineering, Inc., a Colorado corporation ("DEI"), Paraho Development Corporation, a Colorado corporation and the sole shareholder of DEI ("Paraho") and the Board of County Commissioners of Garfield County, Colorado ("County") regarding the payment by DEI of the cost of certain improvements to the access road to the United States' Anvil Points Research Facility (the "Anvil Points Road"). 1. The Resolution provides that the applicant shall "make a contribution of $5,000.00 to any necessary road improvements." Paraho has caused to be issued a cer- tificate of deposit ("CD") at Central Bank of Denver in the principal amount of $5,000.00. Evidence of the purchase of the CD is attached as Exhibit A. Paraho will maintain and renew such CD at competitive market interest rates and will maintain complete and accurate records regarding the insti- tution and interest rate at which the CD is being maintained from time to time, which records shall be subject to the inspection of the County at its request. All interest earned on such CD may be accumulated or withdrawn at the discretion of Paraho but will not become part of the principal amount of any and all renewal CD's. Paraho hereby pledges the CD • • Board of County Commissioners Garfield County, Colorado April 11, 1983 Page 2 as security for the performance of the road improvement obli- gations set out in the Resolution. 2. The County may take possession of the principal amount of the CD when the following conditions have been satisfied: (a) The County has executed a written agreement with the United States Department of Energy ("DOE") authorizing the County to use, or to make improvements, to, the Anvil Points Road. (b) The County has commenced improve- ments to the Anvil Points Road. The County shall give Paraho written notice when these condi- tions have been satisfied and shall provide Paraho with a copy of the agreement between the County and the DOE. 3. All interest earned on the CD shall be the sole property of Paraho, and the total amount that the County may receive under this agreement shall not exceed $5,000.00. 4. This agreement, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Colorado. 5. All notices and other communications provided for herein shall be effective upon receipt by the party to whom such notice is directed. Notices to DEI and Paraho shall be directed to: Development Engineering, Inc. 183 Inverness Drive West Suite 300-A Englewood, Colorado 80112 Attn: F. Edward Cooley, Vice President of Operations Notices to the County shall be directed to: Garfield County Commissioners P.O. Box 640 Glenwood Springs, Colorado 81620 6. This agreement contains the entire agreement between DEI, Paraho and the County with respect to the sub-. • • Board of County Commissioners Garfield County, Colorado April 11, 1983 Page 3 ject matter hereof and may not be modified in any manner except by an instrument in writing signed by all parties. Please acknowledge your agreement to the above terms and conditions by dating, signing and returning to us the enclosed copy of this letter. Accepted and agreed to this llth day of April, 1983. Garfield County Co m-ssioners Garfield County, ' o •ra Very truly yours, Paraho Development Corporation Development Engineering Inc. Bv: Bv: rman . Edward Cooley, Vice President • Board of County Commissioners Attention: Earl G. Rhodes, Esq. Garfield County, Colorado P.O. Box 640 Glenwood Springs, Colorado 81602, Re: Development Engineering, Inc. Special Use Permit Road Maintenance Agreement Dear Mr. Rhodes: 1 J Enclosed is a check in the amount of $5,000.00 made payable to Garfield County. We are sending this check in lieu of the previously proposed pledge agreement with the Certificate of Deposit for $5,000.00. This check is to cover the cost of certain improvements to the access road to the United States' Anvil Points Research Facility associated with the special land use permit granted to Development Engineering in Resolution No. 82-294 of the County Commissioners. We understand that you will hold this check without endorsing and depositing it for payment until Garfield County has both executed a written agreement with the United States Department of Energy authorizing the County to use or make improve- ments to the Anvil Points access road and actually begun to make improvements to that road. If requested by the Board of Commissioners, we will be willing to replace the check at the end of each 120 -day period after the date of the check so that the check date does not get too stale. We would appreciate your signing below to acknowledge receipt of this check and that this arrangement is agreeable to you. Accepted and acknowledged Garfield County Co sioners Garfield County, ' ol•. ado al (z 3 /8 3 Date FEC/DJ/oh Enclosure Helen Sucheky David Jurist (w/copy of check) E. Reese Davis (w/copy of check) Sherrie Hender (w/copy of check) Sincerely, F. Edward Cooley Vice President Paraho Development Corporation Development Engineering, Inc.