Common use of Pre-Development Conditions Clause in Contracts

Pre-Development Conditions. During the permitting process and before construction of the Landfill, Company shall satisfy the following conditions (collectively, the “Pre-Development Conditions”) to the County’s reasonable satisfaction: Company shall apply for and obtain all Required Authorizations, including, without limitation, a new solid waste management facility permit from the Virginia Department of Environmental Quality (“VDEQ”), pursuant to the requirements of § 10.1-1408.1 of the Code of Virginia (1950) (the “Permit”). The Company shall submit an application for such permit to VDEQ together with an electronic copy to the County. Upon receipt of VDEQ’s draft or proposed Permit, Company shall submit the same to the County. Company shall submit to the County a pre-development package (the “Pre-Development Package”). Company may submit the Pre-Development Package to the County at any time prior VDEQ’s final approval of the Permit. The Pre-Development Package shall incorporate the following: a list of Governmental Authorizations, including the Permit, required for the Landfill (collectively, the “Required Authorizations”), and a schedule indicating when each such item is expected to be obtained; a list of professionals, contractors, and other advisors engaged (or expected to be engaged) by the Company to assist in the development of the Landfill; plans and specifications for the development of the Landfill, which shall include, at a minimum, (A) a site plan and working drawings and specifications setting forth in detail all work to be done with respect to the development of the Landfill, which shall comply with all applicable Governmental Requirements, (B) access points to the Landfill, including rail and road access; and (C) landscaping, buffers, and vegetative screening;

Pre-Development Conditions. Prior to commencing development and During the permitting process and before construction of the Landfill, Company shall satisfy the following conditions (collectively, the “Pre-Development Conditions”) to the County’s reasonable sole satisfaction: : (a) Company shall apply for and obtain all Required Authorizations, including, without limitation, a new solid waste management facility permit from the Virginia Department of Environmental Quality (“VDEQ”), pursuant to the requirements of § 10.1-1408.1 of the Code of Virginia (1950) (the “Permit”). The Prior to submitting an application for the Permit to VDEQ, Company shall submit an such application for such permit to VDEQ together with an electronic copy to the CountyCounty for review and comment. Upon Company’s submission of such application to VDEQ, and upon receipt of VDEQ’s draft or proposed Permit, Company shall submit the same to the County. County for review and comment; and this process shall be repeated until VDEQ approves the draft or proposed Permit. (b) Company shall submit to the County a pre-development package (the “Pre-Pre- Development Package”). Company may submit the Pre-Development Package to the County at any time prior VDEQ’s final approval of the Permit. The Pre-Development Package shall incorporate the following: 1 Legal entity name/place of incorporation to be confirmed. (i) a list of Governmental Authorizations, including the Permit, required for the Landfill (collectively, the “Required Authorizations”), and a schedule indicating when each such item is expected to be obtained; ; (ii) a list of professionals, contractors, and other advisors engaged (or expected to be engaged) by the Company to assist in the development of the Landfill; ; (iii) plans and specifications for the development of the Landfill, which shall include, at a minimum, (A) a site plan and working drawings and specifications setting forth in detail all work to be done with respect to the development of the Landfill, which shall comply with all applicable Governmental Requirements, (B) access points to the Landfill, including rail and road access; and (C) landscaping, buffers, and vegetative screening; (iv) a study by qualified persons with respect to rail access to the Landfill, which shall include detailed analyses of anticipated routes and the impact of the Landfill on rail traffic in the surrounding area; (v) a traffic study by qualified persons, which shall include detailed analyses of anticipated travel routes and the impact of the Landfill on traffic volume in the surrounding area; (vi) Company shall retain the services of a qualified engineering consultant with experience in evaluating the potential for mine subsidence and its possible effects on the integrity of the Landfill, the Landfill Liner System, the Leachate Management System, and the Groundwater Monitoring System, and obtain an evaluation from such consultant that will identify underground mine workings below the Landfill or within the angle of or draw/angle of critical deformation where subsidence could impact the Landfill. The evaluation will further consider the depth of mining, thickness of the coal seam, extent of mine voids (percent extraction), whether the coal seam was pillared (retreat mining), the angle of draw (typically 15° in the surrounding Appalachian area), the angle of deformation (typically 30° in the surrounding Appalachian area), and any overburden characteristics in providing estimates of possible mine subsidence. The designs of the Landfill Liner System, the Leachate Management System, and the Groundwater Monitoring System shall each be sufficient to mitigate or withstand the estimated maximum mine subsidence; otherwise, Company shall be design and implement a mine subsidence stabilization program (such as full roof contact grouting) to prevent possible future mine subsidence from negatively impacting the Landfill. Such evaluation shall be submitted to the County; (vii) an evaluation of slope stability for all components of the Landfill, including the design and construction of the Landfill. This evaluation shall include, but not be limited to, the Landfill Liner System and prepared subgrade, slopes/embankments of coal refuse fills and impoundments, natural ground slopes under and around the Landfill, and temporary and final slopes of the developed Landfill. This evaluation shall also take into consideration static and seismic cases and include soil, coal refuse, and waste material strength parameters based on the results of sufficient samples and laboratory testing. Factors of safety will be in accordance with the current standards of practice for geotechnical engineering, but no less than a factor of 1.5 for static conditions and a factor of 1.3 for seismic conditions, as calculated in a reasonably appropriate manner; (viii) a dewatering plan and evaluation of the remaining materials under, or to be placed under, the Landfill, in a manner that is reasonable given the historical uses of the Property with respect to saturated coal refuse and soil, and the impoundment of water and coal refuse wastes. Company’s evaluation of such materials shall include the performance of such materials when covered by the Landfill, and shall make a determination as to whether such materials will adequately support the Landfill. In addition, this evaluation shall include bearing capacity, anticipated settlement and consolidation, and other engineering analyses to determine whether the Landfill Liner System will perform acceptably; (ix) Company’s plans for monitoring, detecting, collecting, storing, and transporting leachate at the Landfill, which shall comply with 9VAC20-81-210; provided, that, at a minimum, the Landfill shall include leachate management system (the “Leachate Management System”), which shall include a leachate leak detection system, leachate collection system, facility capable of storing leachate for up to sixty (60) days, and leachate conveyance piping. Company shall demonstrate that the engineering design of the Leachate Management System is sufficient and will adequately perform during the Term and with respect to all reasonably anticipated post-closure requirements; (x) Company’s plans for monitoring, detecting, preventing, storing, removing, and remediating the impacts of household hazardous wastesHazardous Materials and items containing Hazardous Materials, including, without limitation, paints, cleaning chemicals, motor oil, batteries, pesticides, and household appliances, such as refrigerators, window air conditioners, and other appliances that use ozone-depleting refrigerants (collectively, “Household Hazardous Wastes”); (xi) Company’s design for a synthetic liner system (the “Landfill Liner System”) and engineering analyses that demonstrate compliance of such design with applicable Governmental Requirements, as well as an evaluation of expected performance of the Landfill Liner System with respect to mine subsidence, slope stability, dewatering, and foundation support. In the event the Company or any evaluation obtained under this Section 1.1(a) determines that the underground mine workings at the Landfill are not full roof contract grouted to fill any voids, the Landfill Liner System shall include additional measures to prevent mine subsidence from placing stress or strain on the Landfill Liner System. In addition, the Landfill Liner System shall include “accordion” folds in its installation to allow the Landfill Liner System to adjust to mine subsidence ground movement in a manner that will not exceed the Landfill Liner System’s elongation, tearing, or tensile strength;; and