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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/09/2016 - DUST PREVENTION AND CONTROLDATE: STAFF: February 9, 2016 Lindsay Ex, Environmental Program Manager Jackie Kozak-Thiel, Chief Sustainabillity Officer Lucinda Smith, Environmental Sustainability Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Dust Prevention and Control. EXECUTIVE SUMMARY The purpose of this item is to receive feedback from Council on options for addressing fugitive dust prevention and control within the City. Each of the three options that will be presented are designed to fill gaps in existing regulations related to fugitive dust and to reduce health impacts from dust generating activities. The three options for Council consideration are as follows: 1. Adopt Code Changes and the Dust Prevention and Control Manual, but delay enforcement until approximately November 1 to allow time for training and education; 2. Adopt Code Changes and the Manual, but begin enforcement immediately to ensure regulations are in place during the 2016 construction season; or 3. Adopt Code Changes that require operators to take reasonable measures to prevent and control fugitive dust, and if problems occur, then require a plan and use the Manual as guidance for the development of the plan. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1) What feedback does Council have regarding the proposed options? 1. Adopt Code Changes and Manual, delay enforcement 2. Adopt Code Changes and Manual, begin enforcement immediately 3. Adopt Code Changes only, use Manual as guidance 4. Status Quo 2) Does Council suggest any additional outreach before First Reading? BACKGROUND / DISCUSSION “Fugitive dust” consists primarily of soil particles in the air caused by wind and human activities such as excavating, demolition, abrasive blasting, and other activities. Dust causes health impacts; safety, visibility, and aesthetic issues; and is a nuisance that can cause expensive damage to property and machinery. While there are existing state and county regulations that address dust, these regulations are not sufficient at controlling dust emissions in many cases because:  Some sources of dust emissions, e.g., sweet sweeping, saw cutting, development projects less than 5 acres in size, etc. that affect Fort Collins citizens are not covered by state or county regulations.  State and county compliance and enforcement resources are limited.  City code compliance officers cannot enforce state and county dust control requirements. Initial Approach: As directed by Council in its 2014 Work Plan, staff initially constructed an approach to address fugitive dust issues that included proposed code changes, a guidance manual (entitled Dust Prevention and Control Manual, Attachment 2) to describe how to comply with the code changes, and a training and enforcement plan. Each of these components is described further below. February 9, 2016 Page 2 Code Changes. Changes are proposed to both City Code and Land Use Code. City Code amendments outline that generators of fugitive dust shall comply with the provisions of the Dust Prevention and Control Manual with the primary purpose of preventing fugitive dust, and when dust cannot be prevented, to provide specific solutions for minimize dust transport. Land Use Code changes reference the manual and align with the Municipal Code changes. Guidance Manual for Dust Prevention and Control: The DRAFT Dust Prevention and Control Manual includes the following chapters: • Chapter 1: Introduction • Chapter 2: Fugitive Dust and the Problems it Causes • Chapter 3: Dust Control Measures • Chapter 4: Dust Control Plan for Land Development Greater than Five Acres • Chapter 5: Resources Each of these chapters is briefly described below, and the full manual is attached as item 2. Chapter 1: Introduction The purpose of this chapter is to set the context for the manual, including the purpose of the manual, applicability of the standards outlined in the document, and definitions associated with the various terms used in the manual. Chapter 2: Fugitive Dust and the Problems it Causes This chapter discusses the various effects of fugitive dust, including health and environmental effects, nuisance and aesthetic effects, and safety hazards and visibility issues that arise when fugitive dust is in the environment. Chapter 3: Dust Control Measures This section of the manual includes specific descriptions of each of the 12 dust generating activities and a series of best management practices designed to prevent and minimize off- property transport of dust. For each activity, required measures are described, and if these required measures are ineffective at preventing off-property transport, then additional measures are identified and at least one of these measures must be incorporated into the project. Chapter 4: Dust Control Plan for Land Development Greater than Five Acres Currently, dust control plans are required by the state for land development that is greater than 25 acres or exceeds 6 months in duration. Dust control plans are also required by Larimer County for construction sites greater than five areas. The manual now requires that land development greater than 5 acres provide a dust control plan to the City, either at the time of development construction plan (DCP) submittal or if a DCP is not required, then the plan needs to be available on site at all times. Chapter 5: Resources This chapter includes numerous references to various codes, standards, regulations and other policies that apply to each of the dust generating activities outlined in the manual. Training and Outreach: Pending adoption, staff has developed a training and outreach program (Attachment 7). Training will focus on City staff enforcing the regulations, contractors and City staff affected by the regulations, and general outreach regarding the program. In this approach, staff has proposed that enforcement of these regulations be delayed until November 1, 2016 in order to allow for training and outreach to occur prior to enforcement. Pilot Project: Originally scheduled to be adopted in the spring of 2015, the project was delayed to allow for a pilot project to collect additional data related to the costs, air quality impacts, water use, and overall time required should the regulations and best practices be implemented. The pilot project also includes the formation of a Fugitive Dust Working Group (FDWG) to review the field study, the proposed Ordinance, and the guidance February 9, 2016 Page 3 manual. The FDWG consists of stakeholder representatives from the construction industry, environmental firms, and City staff affected by the proposed regulations (including Engineering, Utilities and Code Compliance Staff). Costs. Staff has worked with the Fugitive Dust Working Group and AECOM (a private consulting firm) at three FDWG meetings to assess the cost of the required dust mitigation measures for each dust generating activity. The full assessment is attached as Item 6, and a summary of the analysis is as follows:  Costs were defined into initial, upfront costs, and ongoing operations and maintenance costs (O&M);  Costs can generally be broken into five categories: 1. Measures that result in negligible or no additional initial or O&M costs to the operator (less than $100):  Negligible costs include lowering drop height, covering loads, leaf blowing techniques, reducing vehicle speeds, and restricting access (in small projects). 2. Measures that result in minor O&M or initial upfront costs (hundreds of dollars):  Minor cost measures include minimizing the disturbed areas, reducing vehicle speeds (on unpaved or haul roads), and restricting access (on larger projects) 3. Measures that have little to no initial cost (<$100s) but have high O&M costs (ranging in the thousands to tens of thousands of dollars):  These measures include the high winds restriction (over 30 mph, which is consistent with state regulations) and cleaning up work areas 4. Measures that have high initial costs (ranging in the thousands to tens of thousands of dollars), but negligible or low O&M costs:  These measures include chemical stabilization (on parking lots), vegetating open areas, cleaning up the slurry after saw cutting/grinding or abrasive blasting, and erecting wind barriers. 5. Measures that have both high initial costs and high O&M costs (ranging in the thousands to tens of thousands of dollars):  Measures include soil retention, surface improvements (paving roads), sweeping, synthetic or natural cover, prohibited uncontrolled sweeping, vegetating areas, and wet suppression on unpaved parking lots.  Note that all of these assessments are estimates. While the staff team, AECOM, and the FDWG worked hard to develop meaningful estimates, there are many variables that affect these costs that cannot be precisely quantified. In addition to assessing individual BMPs, staff also worked with AECOM and members of the Fugitive Dust Working Group to assess the potential for cumulative impact on projects, e.g., how does applying the required measures in the Manual affect individual projects as a whole? Staff either obtained real data or estimates for the following four projects: Project Dust Mitigation Cost Total Project Cost Dust Cost as % of Overall Cost Notes Horsetooth and Timberline Intersection $35,740 $3,304,501 1.1% Actual costs Utilities Administration Building $50,000 $10,000,000 0.5% Actual costs Single Family Home - estimate 1 $700 $353,620 0.2% Estimated costs, minimal dust control Single Family Home - estimate 2 $12,170 $365,090 3.3% Estimated costs, maximum dust control February 9, 2016 Page 4 Additional Impacts Examined: A full summary of the results related to air quality impacts, water use, and overall time are presented in Attachment 5, and these results are briefly summarized below:  Air Quality Impacts: Staff conducted 8 controlled observations by sampling a dust generating activity without any mitigation measures and then conducting the same activity with mitigation measures in place. In these observations, controlled field measurements of dust mitigating activities showed an average of 50% dust mitigation capability, with the maximum mitigation of up to 99%.  Water Use: Water use is generally expected to be minimal, e.g., wetting a saw during concrete cutting. The two exceptions to this are wet suppression on large sites or in street maintenance, where water use could be higher.  Time Requirements: Specific data on time were difficult to collect. However, staff’s observation during the field project indicate that while time to implement these requirements would increase, overall time varies significantly based on the dust generating activity. Proposed Options: The following options will be presented at the Work Session for Council feedback: 1. Adopt the Code Changes and Manual with delayed implementation (this is the approach outlined above); 2. Adopt the Code Changes and Manual and begin implementation (enforcement) immediately; or 3. Adopt Code Changes that prevents off-property transport of dust, and then if problems occur, require that operators use the Manual to come into compliance (with the one exception of covered loads, see below) Overall Summary of the Options. Each of the three options creates an enforceable Ordinance that will allow staff to enforce the issue of fugitive dust when it is generated and leaves a property. However, Options 1 and 2 require that the Manual be utilized to address fugitive dust proactively, whereas Option 3 requires operators to take reasonable measures to control dust instead of the prescriptive approach outlined in the Manual. In each of the options, staff is proposing that loads be covered during material transport because this is a significant concern for citizens. Each of these options is further described in detail below and the benefits, challenges, and compliance implications are summarized in Attachment 1. 1. Adopt the Code Changes and Manual with delayed implementation (enforcement) Option Summary: As mentioned above, this is the option that staff has developed since 2014 and has reviewed with City Boards and with the Fugitive Dust Working Group. This option provides a prescriptive approach to address fugitive dust in that each of the 12 dust generating activities outlined in the Manual must first apply the required best management practices, and then if these required measures are unsuccessful at preventing off-property transport of dust, then at least one additional best manage practice must also be implemented. Operators or site owners are in compliance with the Ordinance if they are in compliance with the Manual. Why this option? This option has been developed for two reasons: (1) in response to the concerns expressed by citizens and (2) is based on the field data collected that indicates applying best management practices to a dust generating activity is effective at reducing dust (up to a 90-95% reduction in dust generated from a particular activity). This option proposes that implementation of the Ordinance be delayed until approximately November 1, 2016 to allow time for training and outreach as well as to allow operators to budget for and purchase any capital equipment they would need to comply with the standards. 2. Adopt the Code Changes and Manual and begin enforcement immediately Option Summary: The only difference between Option 1 and this Option is that enforcement would begin immediately after Council adoption. Why this option? This option has been developed to respond to citizen concerns about Option 1 in that enforcement would not occur during the 2016 construction season. February 9, 2016 Page 5 3. Adopt Code Changes that prevents off-property transport of dust, and then if problems occur, require that operators use the Manual to come into compliance (with the one exception of covered loads, see below) Option Summary: In contrast to Options 1 and 2, Option 3 is a less prescriptive approach to enforcing fugitive dust. As with Options 1 and 2, this option still allows staff to enforce on fugitive dust, but it does not require operators and site owners to use the best management practices outlined in the Manual upfront. Instead, the Code Changes would be designed to require operators to take reasonable measures to prevent and control fugitive dust. If they are unsuccessfully in controlling dust, then a plan would be required to control dust, and the Manual could be used as a guidance document to develop the plan. The one exception to this approach is covered loads - staff would propose covered loads be required as outlined in the Manual on all operations. Why this option? This option has been developed to respond to the fact that many dust generating activities already control dust, and this approach rewards those who are already controlling dust without adding additional requirements (and cost). The challenge with this approach is that it is more reactive. The reactive approach has at least two implications: (1) Impacts on residents could be greater than if operators are addressing dust prevention and control up front, as provided with Options 1 and 2; and (2) If off-site transport of dust occurs, then operators will have to reactively respond to these issues and they wouldn’t have necessarily budgeted up front for the additional costs associated with coming into compliance. In addition, this option is most consistent with how other Colorado communities approach fugitive dust. 50 communities and 23 counties have fugitive dust regulations, and while staff has not reviewed every regulation, all of the other communities take a less prescriptive approach to addressing dust. Feedback on the Options. As staff has only developed the options being presented to City Council over the past month, outreach on the options has been limited to the Air Quality Advisory Board and the Fugitive Dust Working Group. Feedback from the groups on the options is as follows:  Air Quality Advisory Board (AQAB) - The AQAB recommends that Council direct staff to bring Option 1 to First Reading with City Council, scheduled for April 5. The Board discussed how this option is the most proactive option to protect residents’ health. They also discussed how Option 3 puts the burden on staff to react to dust that is not properly managed, whereas Options 1 require operators to address dust upfront and is the most cost-certain option. The Board agreed that delayed implementation was important to allow time for training and education on the standards.  Fugitive Dust Working Group (FDWG) - The Fugitive Dust Working Group did not have a chance to meet and discuss the options as a group and instead weighed in via email on an individual basis. The majority of respondents supported Option 3, as this option addresses public concerns by provided an enforceable Ordinance on the issue. This option, they felt, also acknowledges that many operators already address dust and instead focuses staff time (enforcement) on the problems. Staff Recommendation on the Options: Staff would recommend that Council consider either Option 1 or Option 3 to bring forward to First Reading scheduled for April 5, 2016. Staff initially developed Option 1 as it most proactively addresses citizen concerns, it represents a precedent-setting approach to managing dust within the community, and it reflects the recommendations of the Air Quality Advisory Board and the community at large. However, based on the field data collected this summer (which show that many operators are already addressing dust control on some level), feedback from the business community and the Fugitive Dust Working Group, staff would also be comfortable with Option 3, as this option also addresses citizen concerns by providing a clear, enforceable change to the Code to address fugitive dust. Overall Public Engagement. Staff has conducted extensive public engagement on this issue since its inception in 2014, including the following:  Met with 6 City Boards on numerous occasions: February 9, 2016 Page 6 o Air Quality Advisory Board o Building Review Board o Land Conservation and Stewardship Board o Natural Resources Advisory Board o Parks and Recreation Board o Planning and Zoning Board  An Online Survey was conducted in early 2015 (not statistically valid) with 163 respondents (see attachment 13); o 65% of respondents supported the implementation of dust control measures o 53% of respondents had been negatively impacted by fugitive dust o 52% of respondents felt the implementation of dust control requirements would positively impact them o 67% of respondents felt the regulations would have a negative impact on businesses  An Open House was held in February 2015 with 14 attendees;  Staff has met with 8 City Departments to discuss the proposed regulations;  Staff has also conducted specific outreach to the business community including: o Chamber of Commerce Local Legislative Affairs Committee o Business meetings, o A stakeholder meeting with 23 attendees in 2014 o Northern Colorado Homebuilders Association. Next Steps: First Reading of the Dust Control and Prevention Ordinance is scheduled for April 5, 2016. After direction from City Council at the February 9 Work Session, staff plans to review Council’s direction with the Air Quality Advisory Board and the Fugitive Dust Working Group. If Council directs staff to pursue Option 2 or Option 3, staff will reach out to the other Boards that have provided feedback on this issue to see if they would like to amend their recommendation to City Council (which is based on only seeing Option 1). ATTACHMENTS 1. Fugitive Dust - Summary of Options (PDF) 2. DRAFT Dust Prevention and Control Manual (PDF) 3. Public Engagement Plan (PDF) 4. Fugitive Dust - SAT (PDF) 5. Field Data Summary (DOC) 6. Cost Assessment (AECOM) (DOCX) 7. DRAFT Training, Outreach, and Enforcement Plan (PDF) 8. Air Quality Advisory Board Meeting Minutes - Draft (DOCX) 9. Land Conservation and Stewardship Board Minutes (DOCX) 10. Parks and Recreation Advisory Board Minutes (PDF) 11. Planning and Zoning Board Minutes (PDF) 12. Natural Resources Advisory Board Memo (DOC) 13. Survey Results (PDF) 14. Powerpoint Presentation (PDF) Fugitive Dust – Summary Description of Options Option Benefits Challenges Violations and Remedies Status Quo - Existing regulations are difficult to enforce - Inefficient use of staff resources - Only state can enforce 1. Adopt the Ordinance and Manual with delayed implementation (enforcement) - Creates enforceable regulations - Proactively protects residents from dust - Adopting the Manual upfront allows for contractors to budget for controlling dust alongside other project elements - Delayed implementation provides time for training and education on the manual and time for any capital purchases to be budgeted for - Would not have a strong enforcement mechanism in 2016 construction season for preventing and controlling dust - Prescriptive requirements does not recognize some operators already address dust - Could add up to 0.5 to 2.2% to project costs through the best management practices Violation: if you are not complying with the manual Remedy: (1) apply at least one additional best management practice (BMP). (2) If operator is not in compliance with the above, a citation is issued. 2. Adopt the Ordinance and Manual and begin implementation immediately - Creates enforceable regulations - Proactively protects residents from dust - Adopting the Manual upfront allows for contractors to budget for controlling dust alongside other project elements - Immediate implementation allows for fugitive dust to be addressed from construction sites immediately - Prescriptive requirements do not recognize some operators already address dust - Could add up to 0.5 to 2.2% to project costs through the best management practices - Would not allow for companies to budget for January 2016 DRAFT Dust Prevention and Control Manual DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page i CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out / Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 26 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 1 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual (“the Manual”). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off-property transport or off-vehicle transport of fugitive dust emissions pursuant to Article X of the Fort Collins City Code (§12-150 et. seq) for specific dust generating activities and sources. The purpose of Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability As set forth in Code §12-150, this Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-15-(b)(3). DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 2 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off-property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant- based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Code shall mean the Fort Collins City Code, as amended from time to time. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dust generating activity or source shall mean a process, operation, action, or land use DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 3 processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University’s Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights-of-way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off-site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric-powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk-behind units, as well as blower- vacuum units. Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On-tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On-tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi-use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 4 exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Synthetic or natural cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track-out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro-seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 5 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. “Fugitive” dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Article X of Chapter 12 of the Code (§§12- 150-12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 6 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks •Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The “brown cloud”, often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 7 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: Prevent – avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize – reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices – this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices – this section includes additional measures if the required best management practices are ineffective at preventing off-property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 8 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including:  Site preparation (clearing, grubbing, scraping)  Road construction  Grading and overlot grading  Excavating, trenching, backfilling and compacting  Loading and unloading dirt, soil, gravel, or other earth materials  Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles  Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off-property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 11 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre-wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a mandatory measure. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 12 3.3 Stockpiles Above: This photo illustrates wet suppression, an engineering control for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 13 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three-sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the r Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7 “Construction BMPs”. The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles – to use a synthetic cover. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 14 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights-of-way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 15 3.5 Track-out / Carry-out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment’s wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track-out of dirt, dust, or debris on public roads and rights-of-way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Contracts and standards: comply with track-out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights- of-way as a result of the owner’s or operator’s operations. Avoid over-watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track-out control device. (ii) Install a gravel bed track-out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track-out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on-site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 16 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off-vehicle transport of fugitive dust emissions. To prevent off-vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures : (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off- vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 17 (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off-vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 18 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 19 (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved or haul roads. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 20 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 21 (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 22 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off-highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off- property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 23 product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 24 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City’s Fort Collins Stormwater Criteria Manual or contract documents and specifications. (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 25 (i) On-tool local exhaust ventilation: use a tool-mounted dust capture and collection system. (ii) On-tool wet suppression: use a tool-mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on-tool wet suppression, an additional best management practice associated with saw cutting and grinding. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 26 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 27 (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air-based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust-generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 28 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery-powered) in a manner that is a dust generating activity or source shall use at least one of the following best management practices as necessary to prevent off-property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off-property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 29 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 30 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information:  Project name and location.  Name and contact information of property owner.  Project start and completion dates.  Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity.  Total size of the development project or construction site in acres.  A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project.  A list of each dust generating activity or source associated with the project.  A list of each best management practice and engineering control that will be implemented for each dust generating activity or source.  A list of additional best management practices that will be implemented if initial controls are ineffective.  A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 31 DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 32 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: ________________________________________________________________________________ Title: ___________________________________ Role on project: ________________________________ Address: ________________________________________________ Phone: __________________________ Signature: ___________________________________________________ Date: ____________________ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * List of Subcontractors: Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 33 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity  /Best Management Practice  Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out /Carry- out Bulk Materials Transport Unpaved Roads and Haul Roads Parking Lot Open Area Saw Cutting or Grinding Abrasive Blasting Leaf Blowing . Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 34 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 35 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 – Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 36 Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 37 Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations. Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 38 California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf State of New Jersey – Dry Cutting and Grinding Fact Sheet http://www.state.nj.us/health/surv/documents/dry_cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On-Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458–467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 39 Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caaqes.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 40 U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455 .aspx EPA – Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA – Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA – Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment – Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter - Policy. 2013 http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 41 Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust_large.pdf WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: Dust Control and Prevention OVERALL PUBLIC INVOLVEMENT LEVEL: Involve BOTTOM LINE QUESTION: Shall the Council adopt code amendments to control fugitive dust? KEY STAKEHOLDERS: Developer/contractor community, City Departments, residents TIMELINE: 2013-2016 PHASE 1: Internal stakeholder outreach Timeframe: April 2014 – September 2014 Key Messages: Help us define the problem and devise a solution Tools and Techniques: Meetings with affected staff groups • Community Development & Neighborhood Services • Engineering • Streets • Regulatory & Governmental Affairs • Storm Water • Water Engineering & Field Services • City Attorney • Larimer County Department of Health and Environment PHASE 2: External and internal stakeholder engagement Timeframe: June 2014 – February 2015 Key Messages: Staff is working on fugitive dust control. How can we improve our proposal? How will dust control requirements affect you? Tools and Techniques: • Board/Commission meetings - Air Quality Advisory Board, Building Review Board, Planning and Zoning Board, Natural Resources Advisory Board, Parks and Recreation Board, Land Conservation and Stewardship Board • Online Survey – 163 respondents • Open House – February 2015 (14 attendees) • Specific outreach to the business community, including the Chamber of Commerce, business meetings, and a stakeholder meeting with 23 attendees in December 2014 PHASE 3: Pilot Project – Field Data Collection and Fugitive Dust Working Group Timeframe: June 2015 – February 2016 Key Messages: Now that draft Ordinances and a Draft Dust Prevention and Control Manual has been drafted, how can these products be improved? What are the cost, time to implement, water use, dust prevention, and other impacts of this proposal? Tools and Techniques: • Monthly Fugitive Dust Working Group Meetings • Data collection at construction sites (baseline data to understand current practices) and controlled observations (to test how applying the best management practices outlined in the manual reduces dust generation) PHASE 4: Additional Outreach Timeframe: September 2015 – February 2016 Key Messages: What remaining concerns do you have on this project? Tools and Techniques: • Council Work Session (February 9) • Additional outreach to the business community, e.g., the Northern Colorado Homebuilders Association, Chamber of Commerce Local Legislative Affairs Committee, etc. • Recommendations from Boards and Commissions PHASE 4: (If Adopted) Training and Public Outreach Timeframe: March 2016 – December 2016 Key Messages: This is how to implement the Dust Prevention and Control Manual – from either an enforcement perspective or a contractor perspective Tools and Techniques: • Training sessions will include presentations that include a general overview of the changes to the Code, the guidance manual, and requirements of individual parties. Training sessions will be conducted with a) all City staff, including front line building staff; b) City inspectors; c) Contractors, developers, etc. (including both City and private sector staff that generate dust). • Enforcement materials will include draft enforcement worksheet that will be completed by inspectors in the field, the draft spreadsheet for tracking enforcement, and a Sharepoint site to manage the various inspection documents. • Outreach is designed to inform the general public about the regulations that have been adopted. Staff intends to develop a communication plan that includes both traditional notifications, e.g., Utility mailer, as well as social media. Staff will work with the Communications and Public Involvement Office to craft these materials. *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 SUSTAINABILITY ASSESSMENT SUMMARY DATE: November 2015 SUBJECT: Sustainability Assessment (SA) Summary for Dust Prevention and Control Strategies Key issues identified: • Dust control proposal will likely reduce fugitive dust, leading to improved human health for residents and workers at dust-generating sties, improved safety, and improved aesthetics such as visual air quality. • Overall, proposal will have a positive impact on the environment by reducing particulate matter emission into the air and water. Proposal may result in more water use. Proposal may result in more waste generation from increased use of wind barriers. • Although many companies already employ dust mitigations strategies, and mitigation strategies are required by county and state government for dust-generating sources greater than five acres, the cost associated with implementing control measures not previously required could negatively impact those businesses. Suggested mitigation actions: • Dust control ordinance could be over-ridden by City Council at times where a drought conditions exist. • At least some wind barrier materials could be recycled. Economic , -1.1 Social , 1.7 Environmental 1.8 Rating Average, 0.8 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 2 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (Completed November 2015) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less The City has developed a proposed ordinance to adopt municipal code language and a Dust Prevention and Control Manual that establishes minimum requirements consistent with nationally recognized practices for controlling fugitive dust emissions, and identifies additional dust control measures that could be used to prevent off-property transport or off-vehicle transport of fugitive dust emissions for 12 specific dust generating activities. The objective of the City’s fugitive dust control program is to prevent health and ecosystem impacts as well as nuisances from dust emissions through the application of readily available and generally accepted dust control measures. Staff lead(s): Please note staff name, position/division and phone number Lindsay Ex, Environmental Program Manager Environmental Services Department (970) 224-6143 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion • Increased dust control can improve the health of residents who otherwise would be subject to fugitive dust emissions, esp. keeping in mind ¼ of Fort Collins households have a member who has a respiratory illness. This could lead to decreased costs for doctor or hospital visits. • Dust control can improve worker health or reduce risk of health problems at the site of the dust generating activity. Dust that contains silica or toxic materials can be especially harmful. • Dust control can also improve indoor air quality and reduce the amount of particulates that are tracked in a home. • Reducing or eliminating blowing dust in traffic areas and the improved visibility will improve safety for drivers, bicyclists, pedestrians, etc. • The whole objective of the proposal is to prevent health and ecosystem impacts from fugitive dust. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • The proposal will provide increased relief to neighborhoods/residents who experience the impacts of fugitive dust while any additional costs for 4 • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) implementation may be passed on to a larger group of customers. • The EPA’s Web page on PM states ‘According to the American Academy of Pediatrics, children and infants are among the most susceptible to many air pollutants. Children have increased exposure compared with adults because of higher minute ventilation and higher levels of physical activity.” • People with heart or lung diseases, children and older adults are the most likely to be affected by particle pollution exposure. However, even if you are healthy, you may experience temporary symptoms from exposure to elevated levels of particle pollution. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? • The proposal will increase safety of everyone who otherwise would have been experiencing fugitive dust emission (work site employees, drivers and bicyclists, pedestrians and neighbors) 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? • Citizen surveys have repeatedly shown that Fort Collins citizens value good visual air quality and mountain views. Controlling dust would reduce visual impairment and increase good visibility in Fort Collins. • The proposal will not have a negative impact on minorities. • Proposal may influence citizens’ perspective of the City government either favorably or negatively. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? • Urban fugitive dust concerns are often localized in nature. Controlling dust will aid neighborhoods or individuals who have dust concerns. • There has been significant outreach regarding this proposal include 2 open houses, an on-line survey, individual meetings with stakeholders, meetings with stakeholder groups, a Fugitive Dust Working group, and discussion with many staff departments. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? • Staff will engage with the private sector dust-generating activities to 5 • ESD staff will provide training on inspection and enforcement to City inspectors who are routinely in the field for other inspections, and will also provide info to Admin and other staff in departments who might encounter calls/questions about the dust control program. Social Equity Summary Key issues: Dust control proposal will likely reduce fugitive dust, leading to improved human health for residents and workers at dust-generating sties, improved safety, and improved aesthetics such as visual air quality. Potential mitigation strategies: Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +1.7 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. 6 • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion • Fugitive dust can harm ecosystems so controlling dust will reduce or minimize harmful ecosystem impacts (i.e. harm plant growth, water quality, air quality). • Implementation of the proposal will raise awareness for dust-generating sources about pollution prevention and dust control best management practices. • If mis-applied, chemical stabilization agents can harm ecosystem health. • Controlling dust will improve the visual and aesthetic environment in Fort Collins, as well as air quality • Implementation of the proposal will likely increase water use for wet suppression and therefore not support water conservation goals. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? The proposal may have very minor positive or negative impacts on GHG emissions. Would reduce GHG emissions: • Reduced vehicle speeds might use less fuel per mile than higher speeds. • If causes reduction in use of mechanical blowing • Carbon sequestration would increase from revegetation efforts. Would increase GHG emissions: • Increased water use and the GHG emissions associated with water treatment • Increased driving if conducting more site inspection visits 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? 7 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? • Use of chemical stabilization agents can have harmful environmental impacts. • The Dust Manual prohibits the use of asphalt-based chemical stabilizers. 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? • Proposal may result in increased slurry and associated clean up needs. • Proposal may increase waste from disposal of used wind barrier material. NOTE: this could be mitigated through recycling of the material.) 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? • Proposal may benefit those outside City limits (i.e. in the GMA) by preventing dust from being transported out of the city. • Proposal could foster a tool-sharing opportunity for certain dust suppression tools. Environmental Health Summary Key issues: Overall, proposal will have a positive impact on the environment by reducing particulate matter emission into the air and water. Proposal may result in more water use. Proposal may result in more waste generation from increased use of wind barriers. Potential mitigation strategies: Dust control ordinance could be over-ridden by City Council at times where a drought conditions exist. At least some wind barrier materials could be recycled. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +1.8 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately 8 Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion • Proposal may harm local private sector who engages in dust generating activities if they have to implement controls that have added cost. • Proposal may benefit companies who offer dust suppression services. • Proposal does not introduce any new permits or fees. • Proposal may decrease workers comp costs if employees are exposed to less dust pollution. • Proposal is likely to increase the amount of staff times spent inspecting and enforcing dust control, but should result in better outcomes. • may either add net add work load to existing staff for conducting inspections/do enforcement or reduce net time spent by multiple staff responding to dust complaints with no enforcement approach available. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? • Likely minimal impact on job creation unless City inspection needs rise to level of needed new staff resources that are funded. • Implementation of dust program could add an intern or graduate student job opportunities. • Proposal will provide training to city staff and dust generators on dust control BMPs. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • Proposal could support research into environmentally preferable chemical stabilizers or alternative methods for dust suppression from street sweeping. 9 • How will the proposal impact start-up or existing businesses or development projects? 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? • Proposal does enhance the tools available to local businesses by providing clarity about dust suppression BMP as discussed in the manual. • Proposal could benefit local companies that provide dust suppression services. • Businesses excelling at dust suppression could be showcased for their exemplary efforts. 5. Relevance to Local Economic Development Strategy • Proposal could benefit local companies that provide dust suppression services. Economic Prosperity Summary Key issues: Although many companies already employ dust mitigations strategies, and mitigation strategies are required by county and state government for dust-generating sources greater than five acres, the cost associated with implementing control measures not previously required could negatively impact those businesses. Potential mitigation strategies: Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average -1.1 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com Fugitive Dust – Pilot Project Summary Executive Summary:  Overview – The Fugitive Dust Pilot Project was initiated in 2015 at the direction of Council and included two components: (1) stakeholder engagement primarily through the Fugitive Dust Working Group (FDWG) and (2) the collection of field data to evaluate the potential impacts of the proposed dust ordinance and guidance manual on the City and the “regulated” community. The FDWG focused on providing input on the Dust Prevention and Control Manual (Manual) and overseeing the field data collection process.  Methods – The Dust Prevention and Control Manual (see Attachment 2 to the AIS) and the Air Quality Field Note Data Sheets (see page 5 for example) were created with the assistance of the FDWG to support the field data collection project. A total of 46 site observations at 20 sites were conducted between May 2015 and November 2015. The field observations were designed to assess issues around dust control practices and the impacts to project cost, time, water use, and air quality. As this effort was a pilot study, staff focused efforts on collecting data at a number of different sites that included a range of dust generating activities and best management practices. However, the data collection effort was not designed for the results to be statistically significant, e.g., sites were not randomly selected from all construction sites in Fort Collins.  Findings – Out of 46 observations, 17 (37%) showed full compliance with the Dust Prevention and Control Manual, while 31 of these 46 (67%) demonstrated at least one dust control measure for preventing fugitive dust from leaving the property. 15 of the observations (33%) showed no BMPs in place. o Costs: Implementing new BMPs for dust mitigation can result in an increase in cost at job sites, though these costs vary greatly and depend on mitigation measures and size of job site. Staff worked with the Fugitive Dust Working Group and a consultant over three separate meetings to assess the cost of the required dust mitigation measures for each dust generating activity. Following an iterative procedure, costs for each required BMP identified in the Manual have been characterized and summarized in Attachment 3 to the AIS. o Water: Water use varies between best management practices, though water use is generally expected to be minimal, e.g., wetting a saw during concrete cutting. Two exceptions are wet suppression on large sites or in street maintenance, where water use could be higher. o Stormwater: During each field visit, staff observed through either direct observation or on- site interviews no direct conflicts with stormwater requirements. Staff has also worked closely with Utilities’ staff to make sure the BMPs listed in the Manual are not in conflict with the stormwater requirements. o Time: While specific data on time were difficult to collect, staff’s observations during the field project indicate that while time to implement these requirements would increase, overall time varies significantly based on the dust generating activity. o Air Quality: Applying BMPs at the eight control sites reduced the amount of dust generated on average by 50%, and up to 99% below the amounts generated by activities without BMPs in place. 2 Overview: The Fugitive Dust Pilot Project was created in 2015 to collect additional data related to the costs, air quality impacts, water use, and overall time required should the regulations and best practices be implemented. The Fugitive Dust Pilot Project also included the formation of a Fugitive Dust Working Group (FDWG) to review the field study, the proposed Ordinance, and the guidance manual. The FDWG consists of stakeholder representatives from the construction industry, Colorado State University, environmental firms, and City staff affected by the proposed regulations (including Engineering, Utilities and Code Compliance Staff). The purpose of the field study was to evaluate the potential impacts of the proposed dust ordinance and guidance manual on the City and the “regulated” community. It involves observations and data collection at City operations and projects that have the potential to create fugitive dust. The Fugitive Dust Pilot Project was focused on evaluating the following questions:  Cost – Does implementation of best management practices (BMPs) result in increases to project costs?  Time – Does implementation of BMPs result in increased time to complete a project?  Water – Does implementation of BMPs result in significant increases in water use?  Stormwater requirements – Does implementation of BMPs result in conflicts with stormwater requirements?  Air quality – Does implementation of BMPs result in air quality improvement? Methods & Findings: Before implementing the Fugitive Dust Pilot Project’s field data collection, staff worked with the Fugitive Dust Working Group to develop the Air Quality Field Note Data Sheets, get feedback on the study design, and potential construction sites to observe. Due to a wet spring, the field data collection for the pilot project was postponed until early May. Data were collected by two City employees. A total of 46 site observations were conducted between May 2015 and November 2015. These observations occurred at 20 individual locations, which were a mixture of City facilities and projects, as well as private construction sites. The findings are as follows:  67% (31 out of 46) of the observations demonstrated at least one BMP for preventing fugitive dust from leaving the property  37% (17 out of 46, or 17 out of the 31 observations listed above)f 31) were in full compliance with the Manual  33% (15 of 46) of the observations did not show any BMPs in use. Staff also observed that construction sites were inconsistent in their application of dust mitigation practices, e.g., the site may not have dust mitigation measures in place for one portion of a site and then have no measures in place for another portion of a site. Staff made 46 observations of 20 construction sites to assess (1) cost, (2) air quality impacts, (3) water use, (4) stormwater impacts, and (5) overall time requirements: Cost: Cost data were initially collected to inform the project and included information from a regional manual on construction costs (RS Means 2014 Construction Cost Data) and City contracts from the past five years. The FDWG along with AECOM helped assemble relevant cost data for dust control 3 measures which can be found in Attachment 3 to the AIS. Following an iterative procedure, costs for each required BMP identified in the Manual have been characterized and summarized.  Costs were defined into initial, upfront costs, and ongoing operations and maintenance costs (O&M)  Costs can generally be broken into five categories 1. Measures that result in negligible or no additional initial or O&M costs to the operator (less than $100):  Negligible costs include lowering drop height, covering loads, leaf blowing techniques, reducing vehicle speeds, and restricting access (in small projects) 2. Measures that result in minor O&M or initial upfront costs (hundreds of dollars):  Minor cost measures include minimizing the disturbed areas, reducing vehicle speeds (on unpaved or haul roads), and restricting access (on larger projects) 3. Measures that have little to no initial cost (<$100s) but have high O&M costs (ranging in the thousands to tens of thousands of dollars):  These are dominated by BMPs that include work curtailment (i.e., high wind restrictions) or equipment rental 4. Measures that have high initial costs (ranging in the thousands to tens of thousands of dollars), but negligible or low O&M costs:  These measures include chemical stabilization (on parking lots), vegetating open areas, cleaning up the slurry after saw cutting/grinding or abrasive blasting, and erecting wind barriers 5. Measures that have both high initial costs and high O&M costs (ranging in the thousands to tens of thousands of dollars):  They are characterized by controlling emissions from areas of large surface disturbance through methods such as chemical stabilization, wet suppression, surface roughening, gravel surface improvements, sweeping, soil retention, vegetation, and synthetic or natural covers  Note that all of these assessments are estimates. While the staff team, AECOM, and the FDWG worked hard to develop meaningful estimates, there are many variables that affect these costs that cannot be precisely quantified. Air Quality Impacts: Controlled observations included surveying and sampling a dust generating activity without any mitigation measures and then conducting the same activity with mitigation measures in place. In these eight observations, controlled field measurements of dust mitigating activities showed an average of 50% dust mitigation capability, with the maximum mitigation of up to 99%. The conclusions from the control sites indicate that the dust measures implemented do make a notable difference in reducing the amount of dust on site. Water Use: Certain dust measures do require water use, however data on specific amounts of water is difficult to collect, e.g., the amount of water spraying from a hose during site compaction. In some cases, water use can be as minimal as spraying water from a small tank while cutting 4 concrete. On the other hand, a water truck required to be on site daily to reduce fugitive dust from stockpiles can require much more water. Generally, water use is expected to be minimal, e.g., wetting a saw during concrete cutting. The two exceptions to this are wet suppression on large sites or in street maintenance, where water use could be higher. It should be noted the greatest water use would likely be seen at sites over 25 acres or exceeding 6 months duration; these sites already are required to have a dust control plan in accordance with county regulations, and thus, overall water use may not increase significantly because of these regulations. Stormwater: During each field visit staff assessed if there were stormwater conflicts either by directly observing the dust generating activity or by speaking with the on-site operator. In every case, staff did not observe any conflicts with stormwater requirements. Staff has also worked closely with Utilities’ staff to make sure the BMPs listed in the Manual are not in conflict with the stormwater requirements. Overall Time Requirements: Similar to water use, time requirements vary greatly for different dust measurements. The concrete cutting example required a second laborer to hold the water bottle, but the duration of the activity was short (approximately 30 minutes). During the completion of the Horsetooth and Timberline intersection renovation, on the other hand, cutting occurred over a four day period, so an additional laborer would likely be required for a four day period. With the water truck example, operation of the equipment can vary based on site scale and the number of materials that need to be watered. Thus, while specific data on time were difficult to collect, staff’s observations during the field project indicate that while time to implement these requirements would increase, overall time varies significantly based on the dust generating activity. Conclusion: 67% of the sites observed during the pilot project were applying some type of dust mitigation method, while 36% of the sites were in full compliance with the Manual. The data collected through the 8 field observations on controlled sites indicate a significant reduction in dust generated when the required BMPs are in place. For instance, when water was applied to concrete cutting at one control site, there was a 98% reduction in dust being generated from the saw. At another control site, when the BMPs from the Dust Prevention and Control Manual were put into place, there was a 91% reduction in dust being generated from the sweeping. Thus, while incorporating BMPs into construction projects will increase costs for a portion of the operators who are not already applying them, utilizing the BMPs outlined in the Manual does result in significant reductions in dust generated from various activities. 5 Air Quality Field Notes Data Sheet Project Name: Dust Generating Activity: Date: Time: Onsite Supervisor: Employee doing activity: Location: Site Description: Temp: Precipitation: 24 hrs: 48 hrs: Wind Speed: Average: Max: Wind Direction: Property Dust is Blowing Towards: Humidity: Soil Type: Field Surveyor: Dust Trax II Readings Min: Max: Average: TWA: Run Time: File: Dust Control Measures Onsite: 1. 4. 2. 5. 3. 6. Impacts from Current Dust Control Measures: Cost (dust control measure increase cost to project?) Yes or No Explain: Time (dust control measure increase time to complete project?) Yes or No Explain: Water (significant increase in usage?) Yes or No Explain: Stormwater (control measures conflict with stormwater requirement?) Yes or No Explain: Air quality (improved due to control measures?) Yes or No Explain: Testing Dust Trak II Zero Cal Calibration Complete: Y: N: 2 Drops Impactor Oil Complete: Y: N: Flow Cal Calibration Readings: Rotometer: True: 6 Dust Control Measures Asked to Implement: 1. 4. 2. 5. 3. 6. Dust Trax II Readings Min: Max: Average: TWA: Run Time: File: Impacts from Implementing New Dust Control Measures: Cost (dust control measure increase cost to project?) Yes or No Explain: Time (dust control measure increase time to complete project?) Yes or No Explain: Water (significant increase in usage?) Yes or No Explain: Stormwater (control measures conflict with stormwater requirement?) Yes or No Explain: Air quality (improved due to control measures?) Yes or No Explain: Notes: Dust Trax II Readings Min: Max: Average: TWA: Run Time: File: Dust Trax II Readings Min: Max: Average: TWA: Run Time: File: Initial BMP Cost Assessments Fort Collins Fugitive Dust Working Group (FDWG) 11/9/2015 AECOM Tom Damiana and Samantha August Overview and Executive Summary Objective: Characterize order-of-magnitude costs associated with each required Best Management Practice (BMP) listed in the Fort Collins Fugitive Dust Prevention Manual (Dust Manual). Approach: Following an iterative procedure, costs for each required BMP identified in the Dust Manual have been characterized and summarized for City Council review. In this initial draft, estimates have been developed based on a consolidation of comments received on a prior preliminary draft from the Fort Collins Fugitive Dust Working Group (FDWG). This initial draft will be reviewed one last time by the FDWG and finalized following an upcoming FDWG meeting. Summary: Engineering controls BMPs and required BMPs from the Dust Manual have been summarized and are presented in Figure 1. As shown in Figure 1, each BMP evaluated is referenced by an activity number and a BMP number under that activity. For example, Earthmoving is given activity number 1, and the “Reduce Vehicle Speeds”, the 4th BMP, assigned 4. Therefore, when referring to this BMP, it will be designated 1.4. This short-hand nomenclature is used in various locations in this document to help organize the BMP cost assessment. Figure 2 presents a high level graphical summary of costs associated with particular BMPs for each activity. In this graphic, the bottom axis represents Initial costs increasing to the right and the vertical axis represents Operational and Maintenance (O&M) cost increasing vertically. BMPs with the lowest combination of Initial and O&M costs plot in the lower left corner and those with the highest combination of Initial and O&M costs plot to the upper right. Representing the cost assessment in this manner enables visual filtering of BMPs to focus the assessment on just those BMPs that plot to the upper and right hand extreme of the plot. These BMP represent the biggest costs. Conversely, BMPs plotting in the lower left portion of the plot represent negligible costs and are not expected to be the focus. Focusing on those measures with the highest overall costs, the upper right corner of Figure 2 shows that BMPs associated with activities 8 (Parking Lot) and 9 (Open Area) consistently rank among the most costly. These BMPs involve controlling large areas with expensive measures (chemical stabilization) that require special equipment and additional manpower. Project costs will depend on the size of the project, but are expected to range from multiple thousands to multiple 10’s of thousands of dollars. Fortunately, for activities 8 and 9, only one of the BMPs are required per project which controls cost to some degree. BMPs with the highest O&M costs are characterized primarily by lost work (high wind restrictions), but very little other investment. In the case of high wind restrictions, it is estimated that winds >30 mph occur between 1% and 6% of the time between 6 am and 6 pm yearly. Assuming this translates directly to stop work 1%-6% of a 40 hour week, this could result in 10’s of thousands of dollars additional cost to a project lasting longer than a year. In general, it does not appear that any one activity will result in BMPs greater than 10’s of thousands per project, and BMPs required for most activities (i.e., those falling within the blue cloud on Figure 2) would either be minor (i.e., less than thousands of dollars) or negligible/no additional cost. To facilitate a more detailed review of the costs associated with specific BMPs, each dust generating activity shown in Figure 1 and ranked in Figure 2 has been given a section in this document corresponding to the activity number and each associated BMP a subsection. The document Table of Contents outlines this organization of information. Costs associated with each required BMP under a particular activity are summarized according to the graphic shown in Figure 3. 1 Figure 1 Dust Control Best Management Practices Legend = Dust Generating Activity  /BMP  Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out /Carry- out Bulk Materials Transport Unpaved Roads and Haul Roads Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Leaf Blowing Notes Abrasive media Asbestos or lead materials 2.1 Building permit 2.2 Chemical stabilization 8.1 9.1 Contracts & Standards Drop height 1.1 2.3 3.1 6.1 Enclosure Equipment &work area clean up 10.1 11.1 Erosion Control plan 3.2 High winds restriction 1.2 2.4 10.2 11.2 12.1 Load cover 6.2 Leaf blowing techniques 12.2 Load Restrictions Minimize disturbed area 1.3 On-tool local exhaust ventilation On-tool wet suppression Pavement or Gravel Apron Reduce vehicle speeds 1.4 7.1 8.2 Remove deposition 5.1 Restrict access 1.5 2.5 7.2 8.3 10.3 11.3 Slurry clean up 10.4 11.4 Soil retention 9.2 Stockpile permit 3.3 Surface improvements 8.4 Surface roughening 9.3 Sweeping 8.5 Synthetic or natural cover 9.4 Track-out prevention system Uncontrolled sweeping prohibited 4.1 Vacuum Vegetation 8.6 9.5 Washing Station Wet suppression 8.7 9.6 12.3 Wind barrier 8.8 9.7 *Note – For parking lots and open areas, all of these measures are “at least one or more”, so not all are required. Light grey boxes are additional BMPs, analysis was only conducted for required BMPs Negligible or no Figure 2 Dust Control Measures vs Estimated Costs Mitigations only expected to result in minor O&M and Initial costs BMPs with the Highest O&M Costs BMPs in this region have negligible to no initial costs, but high O&M costs. These are dominated by BMPs that include work curtailment (i.e., high wind restrictions) or equipment rental. BMPs in this region result in high O&M and Initial costs. They are characterized by controlling emissions from areas of large surface disturbance through methods such as chemical stabilization, wet suppression, surface roughening, gravel surface improvements, sweeping, soil retention, vegetation, and synthetic or natural covers. BMPs result in negligible or no additional O&M and Initial costs to the operator BMPs in this region have negligible to no O&M costs, but high Initial costs. These are dominated by BMPs that applicable to stabilizing larger areas with chemicals or vegetation. BMPs with the Highest Initial Costs Figure 3 Key to Understanding the Presentation of Cost for a Particular Activity/BMP 1. Earthmoving 1.1 Mitigation: Drop Height Comments Initial Investment: Operations: Large Scale Job Comments: Dust Generating Activity Comments to help understand how the FDWG arrived at the cost estimates. Large scale jobs (>5 acres) are already required to include BMPs by the State and County - these considerations are discussed here. Rough Order-of- Magnitude Initial Investment Costs Rough Order-of- Magnitude Operational Costs Best Management Practice 1 Contents 1. Earthmoving ................................................................................................................................. 3 1.1 Mitigation: Drop Height......................................................................................................................... 3 1.2 Mitigation: High Winds Restriction ....................................................................................................... 4 1.3 Mitigation: Minimize Disturbed Area .................................................................................................... 4 1.4 Mitigation: Reduce Vehicle Speeds ..................................................................................................... 5 1.5 Mitigation: Restrict Access ................................................................................................................... 5 2. Demolition/Renovation ................................................................................................................ 6 2.1 Mitigation: Asbestos or Lead Materials ................................................................................................ 6 2.2 Mitigation: Building Permit.................................................................................................................... 6 2.3 Mitigation: Drop Height......................................................................................................................... 7 2.4 Mitigation: High Winds Restriction ....................................................................................................... 7 3. Stockpile ....................................................................................................................................... 8 3.1 Mitigation: Drop Height......................................................................................................................... 8 3.2 Mitigation: Erosion Control Plan ........................................................................................................... 8 3.3 Mitigation: Stockpile Permit .................................................................................................................. 9 4. Street Sweeping ......................................................................................................................... 10 4.1 Mitigation: Uncontrolled Sweeping Prohibited ................................................................................... 10 5. Track-out/Carry-out.................................................................................................................... 11 5.1 Mitigation: Remove Deposition .......................................................................................................... 11 6. Bulk Materials Transport ........................................................................................................... 12 6.1 Mitigation: Drop Height....................................................................................................................... 12 6.2 Mitigation: Load Cover ....................................................................................................................... 12 7. Unpaved Roads and Haul Roads .............................................................................................. 13 7.1 Mitigation: Reduce Vehicle Speeds ................................................................................................... 13 7.2 Mitigation: Restrict Access ................................................................................................................. 13 8. Parking Lot ................................................................................................................................. 14 8.1 Mitigation: Chemical Stabilization ...................................................................................................... 14 8.2 Mitigation: Reduce Vehicle Speeds ................................................................................................... 14 8.3 Mitigation: Restrict Access ................................................................................................................. 15 8.4 Mitigation: Surface Improvements ..................................................................................................... 15 8.5 Mitigation: Sweeping .......................................................................................................................... 16 8.6 Mitigation: Vegetation ......................................................................................................................... 16 8.7 Mitigation: Wet Suppression .............................................................................................................. 17 8.8 Mitigation: Wind Barrier ...................................................................................................................... 17 9. Open Area ................................................................................................................................... 18 9.1 Mitigation: Chemical Stabilization ...................................................................................................... 18 9.2 Mitigation: Soil Retention ................................................................................................................... 18 9.3 Mitigation: Surface Roughening ......................................................................................................... 19 9.4 Mitigation: Synthetic or Natural Cover ............................................................................................... 19 9.5 Mitigation: Vegetation ......................................................................................................................... 20 9.6 Mitigation: Wet Suppression .............................................................................................................. 20 9.7 Mitigation: Wind Barrier ...................................................................................................................... 21 10. Saw Cutting or Grinding ............................................................................................................ 22 2 10.1 Mitigation: Equipment & Work Area Clean-up ................................................................................... 22 10.2 Mitigation: High Winds Restriction ..................................................................................................... 22 10.3 Mitigation: Restrict Access ................................................................................................................. 23 10.4 Mitigation: Slurry Clean Up ................................................................................................................ 23 11. Abrasive Blasting ....................................................................................................................... 24 11.1 Mitigation: Equipment & Work Area Clean-up ................................................................................... 24 11.2 Mitigation: High Winds Restriction ..................................................................................................... 24 11.3 Mitigation: Restrict Access ................................................................................................................. 25 11.4 Mitigation: Slurry Clean Up ................................................................................................................ 25 12. Mechanical Blowing ................................................................................................................... 26 12.1 Mitigation: High Winds Restriction ..................................................................................................... 26 12.2 Mitigation: Blowing Techniques ......................................................................................................... 26 3 1. Earthmoving 1.1 Mitigation: Drop Height Comments Initial Investment: None/Negligible Operations: None/Negligible; minimizing drop heights should not have a large impact on the operations of both small and large jobs. This mitigation is about awareness. Therefore, minimizing drop heights should not have a large impact on operations since it is about being mindful to minimize dump heights from loaders to trucks and stockpiles. There might be a delay and cost associated with increased or more focused time operating equipment this will probably be negligible with the exception of training. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the county and State. Therefore, this may already to a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs. 4 Earthmoving 1.2 Mitigation: High Winds Restriction Comments 1.3 Mitigation: Minimize Disturbed Area Comments Initial Investment: None/Negligible An analysis of wind speeds from local sources shows winds >30 mph on an hourly basis (maximum) is between 1% and 6% of the time between 6 am and 6 pm yearly, so assume stop work 1%-6% of a 40-hour week, based on location. Assuming $25/hr/employee, 5 employees and a 6% stop work time, at a minimum, the cost of using this mitigation would be $300/week, or $15,600/year. Large-Scale Job Comments: Large scale jobs have more employees and potentially larger costs due to stop work; however, as a percentage of total job cost, job scale is less a factor. Regardless, large jobs are already required to comply with high wind BMPs under the State and County Rules. Therefore, this is already a cost to this scale of jobs. Operations: Lost work Cost: $$$$/person/year Cost due to Schedule delays. 0 to 0.5% of total job cost Operations: This can vary greatly based on the size of the job. 0 to <0.5% of total job cost depending on scale. If a bigger project is being phased, it could add 5-10% to the overall grading costs. Initial Investment: None/Negligible. However, this could require phased construction plans, which could increase costs during engineering potentially adding 4-5% to the cost of engineering. With larger projects, it is more economical to have all of the surface disturbance occur at once, so going piece by piece on larger jobs means remobilizing equipment which increases cost. On small jobs this may not even be feasible. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already to a cost to this scale of project. 5 Earthmoving 1.4 Mitigation: Reduce Vehicle Speeds Comments 1.5 Mitigation: Restrict Access Comments Since speeds are generally low to begin with on jobs of the scale impacted by this rulemaking, this mitigation should have minimal cost impact on the project. Large-Scale Job Comments: On large scale grading, scrapers will run about 40-60 mph at any given time. A reduction on such a large scale from 40 to 20 mph would half the amount of grading completed in a work day and double the duration of grading. Something that would have taken a month to accomplish now will take two months and result in an increase in costs. While this type of mitigation could be required by the State or the county, because of costs, it is more likely that a BMP involving water to wet haul roads to mitigate dust will be used rather than inhibiting the speed of the scrapers. Operations: Negligible impacts on operations since speeds are typically low to begin with on the scale of jobs impacted by this specific rule making. Initial Investment: None/Negligible (signage, dirt speed bumps). It is typical for areas of projects to have limited/restricted access for safety concerns; therefore, it is anticipated that projects already control access to only necessary project vehicles. Enforcement is also assumed to be part of jobs due to safety concerns and not cost specific to this rulemaking. Note that this may likely result in a cost already shared for the storm water requirements of a site. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. Operations: Negligible impact on operations since areas are typically restricted for safety concerns anyway. Initial Investment: None/Negligible (limited to signage and potentially blockades). Could also include fencing at $1-$3/linear foot which will work out to $300-$1000/month, depending on the size of the project. 6 2. Demolition/Renovation 2.1 Mitigation: Asbestos or Lead Materials Comments 2.2 Mitigation: Building Permit Comments Initial Investment: None/Negligible Operations: None/Negligible Initial Investment: None/Negligible Costs would be incurred as a result of another City permitting program; therefore this mitigation does not result in cost incurred as part of the dust manual. Large-Scale Job Comments: None Operations: None/Negligible Costs would be incurred as a result of State permitting programs; therefore this mitigation does not result in costs incurred as part of the dust manual. Large-Scale Job Comments: Costs will scale depending on the nature (i.e., indoor vs. outdoor) and extent of the project. Regardless, costs will be incurred as a results of State permitting programs regardless of size. 7 Demolition/Renovation 2.3 Mitigation: Drop Height Comments 2.4 Mitigation: High Winds Restriction Comments Initial Investment: None/Negligible Operations: None/Negligible; minimizing drop heights should not have a large impact on the operations of both small and large jobs. This mitigation is about awareness. Therefore, minimizing drop heights should not have a large impact on operations since it is about being mindful to minimize dump heights from loaders to trucks and stockpiles. There might be a delay and cost associated with increased or more focused time operating equipment this will probably be negligible with the exception of training. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the county and State. Therefore, this may already to a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs. Initial Investment: None/Negligible An analysis of wind speeds from local sources shows winds >30 mph on an hourly basis (maximum) is between 1% and 6% of the time between 6 am and 6 pm yearly, so assume stop work 1%-6% of a 40-hour week, based on location. Assuming $25/hr/employee, 5 employees and a 6% stop work time, at a minimum, the cost of using this mitigation would be $300/week, or $15,600/year. Large-Scale Job Comments: Large scale jobs have more employees and potentially larger costs due to stop work; however, as a percentage of total job cost, job scale is less a factor. Regardless, large jobs are already required to comply with high wind BMPs under the State and County Rules. Therefore, this is already a cost to this scale of jobs. Operations: Lost work Cost: $$$$/person/year Cost due to Schedule delays. 0 to 0.5% of total job cost 8 3. Stockpile 3.1 Mitigation: Drop Height Comments 3.2 Mitigation: Erosion Control Plan Comments Initial Investment: None/Negligible This mitigation is about awareness. Therefore, minimizing drop heights should not have a large impact on operations since it is about being mindful to minimize dump heights from loaders to trucks and stockpiles. There might be a delay and cost associated with increased or more focused time operating equipment this will probably be negligible with the exception of training. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be Operations: None/Negligible; much different that smaller jobs. minimizing drop heights should not have a large impact on the operations of both small and large jobs. Initial Investment: Time for creation, implementation, and management. Costs also associated with training of staff. The cost of silt fencing will also be included on each job. Costs from $$$$ to $$$$$ depending on job scale (management) Operations:  Job-specific ongoing training  Managing the implementation of the plan.  Policing compliance of the plan. Costs 0.5 to 1% of total job cost Training, creating and implementing the plan, materials (silt fencing, etc.) may cost approximately 0.5% to 1% of total job costs. Larger projects that require more training and management to implement the plan could have greater costs. Large-Scale Job Comments: Large scale jobs are required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this is already to a cost to this scale of project. These costs are on the order of $$$$’s. 9 Stockpile 3.3 Mitigation: Stockpile Permit Comments Initial Investment: None/Negligible Costs would be incurred as a result of another City permitting program; therefore this mitigation does not result in costs incurred as part of the dust manual. Large-Scale Job Comments: Costs associated with large jobs are not expected to be much different that smaller jobs. Operations: None/Negligible 10 4. Street Sweeping 4.1 Mitigation: Uncontrolled Sweeping Prohibited Comments Initial Investment: Purchasing new skid steer brooms, which are the most commonly used broom type, cost ~$5,000, and water system adds ~$1,500. To purchase a vacuum type skid steer broom costs can exceed $10,000. The effects of this mitigation will depend on whether or not the company or individual performing work already has possession of a vacuum system or wetting system. If already in possession of the system, and it is familiar to staff, then negligible initial cost and added time to use. If not, the project will have to purchase the equipment and there will be time training staff in equipment use. Mitigation might include costs due to wetting as a form of control. Important to note that there might be some cost-sharing associated with already required storm water regulations if this is part of a construction operation. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already to a cost to this scale of project. Operations: Depends on whether or not the company or individual(s) performing work has possession of a vacuum system. Costs 0.5 to 1% of total job cost 11 5. Track-out/Carry-out 5.1 Mitigation: Remove Deposition Comments Initial Investment: There will be an initial cost associated with every engineering control. The difference is what engineering control is selected. For example, removing deposition would result in an initial investment of about $150. However, a gravel apron or vehicle tracking pad could cost around $600-$700. Labor could add an additional $1000 to these totals. Depending on the engineering control chosen, there will be a range of potential costs (both initial and maintenance). However, certain engineering controls may have larger initial costs but save time in the long run. For example, the cost and time associated with installing and maintaining a gravel apron may be less over time than a vehicle and equipment wash station. However, with an ineffective gravel apron or vehicle tracking pad there will be a significant increase in material and time sweeping. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the County and State. Therefore, this may already be a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs as a percentage of total project cost. Operations: None/Negligible effects on operations, unless the engineering control(s) chosen are a washing station or the manual removal of mud, dirt, debris, etc. from equipment and vehicles. In which case, costs will be $$$$$. 12 6. Bulk Materials Transport 6.1 Mitigation: Drop Height Comments 6.2 Mitigation: Load Cover Comments Initial Investment: None/Negligible This mitigation is about awareness. Therefore, minimizing drop heights should not have a large impact on operations since it is about being mindful to minimize dump heights from loaders to trucks and stockpiles. There might be a delay and cost associated with increased or more focused time operating equipment this will probably be negligible with the exception of training. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the county and State. Therefore, this may already to a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs. Operations: None/Negligible; minimizing drop heights should not have a large impact on operations of small and large jobs. Initial Investment: None/Negligible. There may be an initial cost associated with the cover itself, which is on the magnitude of $100. Covering/Enclosing all material should have very limited impact on costs and operations. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the county and State. Therefore, this may already to a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs. Operations: None/Negligible, with some (minimal) added time required to cover and uncover the material daily. 13 7. Unpaved Roads and Haul Roads 7.1 Mitigation: Reduce Vehicle Speeds Comments 7.2 Mitigation: Restrict Access Comments Initial Investment: None/Negligible; approximately $200-$1000 for signage and installation of speed bumps. Since speeds are generally low to begin with on jobs of the scale impacted by this rulemaking, this mitigation should have minimal cost impact on the project. Large-Scale Job Comments: On large scale projects, higher speeds on long roads allow the activity to move more quickly to control costs. A reduction on such a large scale will impact project progress and result in an increase in costs. While this type of mitigation could be required by the State or the County, because of costs, it is more likely that a BMP involving water to wet haul roads to mitigate dust will be used rather than inhibiting vehicle speeds. Operations: Negligible impacts on operations since speeds are typically low to begin with on the scale of jobs impacted by this specific rule making. Initial Investment: None/Negligible (limited to signage and potentially blockades). Could also include fencing at $1-$3/linear foot which will work out to $300-$1000/month, depending on the size of the project. It is typical for areas of projects to have limited/restricted access for safety concerns; therefore, it is anticipated that projects already control access to only necessary project vehicles. Enforcement is also assumed to be part of jobs due to safety concerns and not cost specific to this rulemaking. Note that this may result in a cost already shared for the storm water requirements of a site. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. Costs will scale with the size of the job. Operations: Negligible impact on operations since areas are typically restricted for safety concerns anyway. 14 8. Parking Lot 8.1 Mitigation: Chemical Stabilization Comments 8.2 Mitigation: Reduce Vehicle Speeds Comments Initial Investment: There will be an initial cost for the application of the chemical stabilizers, depending on the area it’s being applied to. Approximately $6000-$10,000 which includes rental of the equipment. Depending on the area of the parking lot, activity in the parking lot, the price of chemical stabilization and the efforts necessary to prevent run-off will have varying degrees of intensity. Also, due to exposure time to the elements or increased traffic usage, this might result in multiple subsequent applications. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already be a cost to this scale of project. This BMP could be costly depending on size, use and number of Operations: Expect minimal applications (Costs 0.5 to 1% of total job cost). operations costs after initial application, with the exception of preventing runoff. Initial Investment: None/Negligible (signage, dirt speed bumps). Since speeds are generally low to begin with on jobs of the scale impacted by this rulemaking, this mitigation should have minimal cost impact on the project. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already be a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs since this BMP is associated with parking areas. Operations: Negligible impacts on operations since speeds are typically low to begin with on the scale of jobs impacted by this specific rule making. 15 Parking Lot 8.3 Mitigation: Restrict Access Comments 8.4 Mitigation: Surface Improvements Comments Initial Investment: None/Negligible (limited to signage and potentially blockades). Could also include fencing at $1-$3/linear foot. which will work out to $300-$1000/month, depending on the size of the project. It is typical for areas of projects to have limited/restricted access for safety concerns; therefore, it is anticipated that projects already control access to only necessary project vehicles. Enforcement is also assumed to be part of jobs due to safety concerns and not cost specific to this rulemaking. Note that this may likely result in a cost already shared for the storm water requirements of a site. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to Operations: Negligible impact on a cost to this scale of project. operations since areas are typically restricted for safety concerns anyway. Initial Investment: There is an initial investment in the installation of the gravel (or similar materials). The cost for gravel alone (not including installation) is around $25,000. Installation is anticipated to be Costs are estimated based on a 4 inch think gravel @ $9.20 per sq. yd. over a 25,000 square foot area. Costs will increase based on size of the parking lot. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. This BMP is likely to be costly for large projects (Costs 0.5 to 1% of total job cost). Operations: Maintenance on the gravel is estimated to be around $2,000/year+. Maintenance will be handled by an outside contractor outside of business hours and will not impact the project schedule. 16 Parking Lot 8.5 Mitigation: Sweeping Comments 1 Costs are estimated for a 25,000 square foot area and assume the equipment is all rented. 8.6 Mitigation: Vegetation Comments Initial Investment: Assuming rental service, all costs will be O&M. Potential cost of Vacuum System (~$1,000, rented1). Purchasing new skid steer brooms, which is the most commonly used broom type, cost ~$5,000, water system adds ~$1,500. To purchase a vacuum type skid steer broom costs can exceed $10,000. The effects of this mitigation will depend on whether or not the company or individual performing work already has possession of a vacuum system or wetting system. If already in possession of the system, and it is familiar to staff, then negligible initial cost and added time to use. If not, the project will have to purchase the equipment and there will be time training staff in equipment use. Mitigation might include costs due to wetting as a form of control. Important to note that there might be some cost-sharing associated with already required storm water regulations if this is part of a construction operation. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already to a cost to this scale of project. Operations: The cost of renting a mechanical sweeper is about $8,000 for a typical job. Initial Investment: Direct costs between $800 and $1500/acre for seeding and mulch plus labor at approximately $2,000. Water trucks cost between $85-105/hour and some contractors have minimums and/or mobilization charges. The purpose of this mitigation technique is to retain soils or create a wind break by planting vegetation. Because of this, the area of the work site will have a big effect on costs. Using mechanical seeding, cost is around $725 (based on an area of 25,000 square feet) for seeding and $375/year of O&M costs. Large-Scale Job Comments: This is a state storm water requirement so costs can be shared with dust mitigation. Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State and State storm water requirements. Therefore, this is likely already a 17 Initial Investment: Significant, depending on the size of the project. For materials alone on a wind barrier that is assumed to be composed of 107 panels at $430/panel, the cost is around $46,000. Multiple days and laborers to install totaling approximately $10,000. Parking Lot 8.7 Mitigation: Wet Suppression Comments 8.8 Mitigation: Wind Barrier Comments Initial Investment: No initial investment. Assuming the equipment is rented; the costs will be all O&M. Costs are based on the use of a water truck, which costs $0.89/square yard. Also assumed was an estimated area of 25,000 square feet (2,777 square yards) and a frequency of once per month for a year. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. This BMP is likely to be costly for large projects (Costs 0.1 to 0.5% of total job cost). Operations: O&M are estimated to be approximately $30,000/year. Application of water should not interfere with normal daily operations and delay the schedule. Assuming annual O&M costs are around $720/year and the materials for the wind barrier around $46,000 (based on 160 feet per side, 4 sides), the annualized cost of this control measure is approximately $13,000. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. This BMP is likely to be costly for large projects (Costs 0.1 to 0.5% of total job cost). Operations: Minimal O&M costs associated with inspecting the barrier (<$1,000), unless the construction of the barrier interferes with normal daily operations. 18 9. Open Area 9.1 Mitigation: Chemical Stabilization Comments 9.2 Mitigation: Soil Retention Comments Initial Investment: There will be an initial cost for the application of the chemical stabilizers, depending on the area it’s being applied to. Approximately $6000-$10,000 which includes rental of the equipment. Lifespan of an application is limited but likely needs to be reapplied each year at approximately $1700/acre. Depending on the size of the area, and activity in the area, the price of chemical stabilization and the efforts necessary to prevent run-off will have varying degrees of intensity. Also, due to exposure time to the elements or increased traffic usage, this might result in multiple subsequent applications. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already be a cost to this scale of project. This BMP could be costly depending on size, use and number of Operations: Expect minimal applications (Costs 0.1 to 0.5% of total job cost). operations costs after application, with the exception of preventing runoff. Initial Investment: There will be an initial cost of at least $16,000 plus $10,000 for application of a revegetation mat, based on the assumption of a 25,000 square foot area. Soil retention will have varying effects on the project depending on the areas that require additional vegetation. Costs will also vary based on project size; this estimate assumed a 25,000 square foot area (2,777 square yards) and a revegetation mat cost of $5.70/square yard. While the vegetation is being established, or for approx. 30 days (30 days is an irrigated area most open areas are lucky if vegetation takes within a month usually it can take 12-24 months and on occasions 36 months to fully take as it is weather dependent), the area should remain inactive, this could impact operations/schedule if the area is critical to the project. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already be a cost to this scale of project. This BMP could be costly depending on size, and if vegetation establishes rapidly (Costs 0.5 to 1% of total job cost). Operations: Annual O&M costs are 19 Open Area 9.3 Mitigation: Surface Roughening Comments 9.4 Mitigation: Synthetic or Natural Cover Comments Initial Investment: No initial investment. Assuming the equipment is rented. Values were based on the following assumptions: 1) An area of 25,000 square feet; 2) $995 for 10,000 to 20,000 square feet of tractor surface roughening; 3) Frequency of once a month for a year. For a larger area, surface roughening costs $300-$500/acre. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already be a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs (as a percentage of total cost) since the costs scale with the size of the area. Operations: O&M costs are estimated to be approximately $15,000/year. Negligible impact on operations if the area is one of inactivity. Initial Investment: There will be an initial cost associated with the biodegradable mesh matting of approximately $1,750. This cost does not include the cost of installation. The purpose of this mitigation is to prevent dust control during hours of inactivity. The initial costs were based on an area of 25,000 square feet, and a cost of biodegradable mesh matting of $0.63/square yard. When factoring in the cost of seed prior to installing the blankets, matting can be as costly as $2.52/square yard average. Lifespan of the blankets is typically 12-18 months before needing maintenance or reinstallation. Replacement after bio- and photo-degradability will result in replacing the cover material (applicable to long duration jobs). Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already be a cost to this scale of project. This BMP could be costly depending on size, use and number of applications (Costs 0.5 to 1% of total job cost). Operations: Annual O&M costs are estimated to be $5,000. Negligible impacts on routine operations, except for the time required to cover and uncover materials. 20 Open Area 9.5 Mitigation: Vegetation Comments 9.6 Mitigation: Wet Suppression Comments Initial Investment: Direct costs between $700 and $800 for seeding plus labor at approximately $2,000. The purpose of this mitigation technique is to retain soils or create a wind break by planting vegetation. Because of this, the area of the work site will have a big effect on costs. Using mechanical seeding, cost is around $725 (based on an area of 25,000 square feet) or $800- $1,200/acre to seed and mulch large areas for seeding and $375/year of O&M costs. Large-Scale Job Comments: This is a state storm water requirement so costs can be shared with dust mitigation. Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State and State storm water requirements. Therefore, this is likely already a cost to this scale of project. Operations: None/Negligible effects on operations (<$500 roughly $100/AC to mow which is typically needed 3-4 times/year), except for perhaps taking care to not harm/destroy the vegetation. Costs may be incurred to reseed areas that did not take on the prior seeding. Initial Investment: No initial investment. Assuming the equipment is rented; the costs will be all O&M. Costs are based on the use of a water truck, which costs $0.89/square yard or $85-$100/hr. Also assumed was an estimated area of 25,000 square feet (2,777 square yards) and a frequency of once per month for a year. Water must be reapplied daily in dry and/or windy conditions. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. This BMP is likely to be costly for large projects (Costs 0.1 to 0.5% of total job cost). Operations: O&M are estimated to be approximately $30,000/year. Application of water should not interfere with normal daily operations and delay the schedule. 21 Initial Investment: Significant, depending on the size of the project. For materials alone on a wind barrier that is assumed to be composed of 107 panels at $430/panel, the cost is around $46,000. Multiple days and laborers to install totaling approximately $10,000. Open Area 9.7 Mitigation: Wind Barrier Comments Assuming annual O&M costs are around $720/year and the materials for the wind barrier around $46,000 (based on 160 feet per side, 4 sides), the annualized cost of this control measure is approximately $13,000. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. This BMP is likely to be costly for large projects (Costs 0.1 to 0.5% of total job cost). Operations: Minimal O&M costs associated with inspecting the barrier (<$1,000), unless the construction of the barrier interferes with normal daily operations. 22 10. Saw Cutting or Grinding 10.1 Mitigation: Equipment & Work Area Clean-up Comments 10.2 Mitigation: High Winds Restriction Comments Initial Investment: There will be no initial cost associated with this mitigation; all costs are assumed to be O&M. Much of this mitigation applies to general housekeeping, which should not have major effects on the project since it is already integral to the process. However, renting a 30" head, gas powered vacuum at a price of $4.55/M.L.F (assuming a 10,000 square foot area) could cost upwards of $70,000 (O&M costs) if you are vacuuming daily for a month. Large-Scale Job Comments: Large scale jobs may be required to include this BMP as part of a fugitive dust plan required by the county and State. Therefore, this may already be a cost to this scale of project. Regardless, costs associated with large jobs are not expected to be much different that smaller jobs (as a percentage of total cost) since the costs scale with the size of the area. Operations: O&M costs (0 to 0.3% of the total project costs). Initial Investment: None/Negligible An analysis of wind speeds from local sources shows winds >30 mph on an hourly basis (maximum) is between 1% and 6% of the time between 6 am and 6 pm yearly, so assume stop work 1%-6% of a 40-hour week, based on location. Assuming $25/hr/employee, 5 employees and a 6% stop work time, at a minimum, the cost of using this mitigation would be $300/week, or $15,600/year. Large-Scale Job Comments: Large scale jobs have more employees and potentially larger costs due to stop work; however, as a percentage of total job cost, job scale is less a factor. Regardless, large jobs are already required to comply with high wind BMPs under the State and County Rules. Therefore, this is already a cost to this scale of jobs. Operations: Lost work Cost: $$$$/person/year Cost due to Schedule delays. 0 to 0.5% of total job cost 23 Saw Cutting or Grinding 10.3 Mitigation: Restrict Access Comments 10.4 Mitigation: Slurry Clean Up Comments Initial Investment: None/Negligible (limited to signage and potentially blockades). Could also include fencing at $1-$3/linear foot. It is typical for areas of projects to have limited/restricted access for safety concerns; therefore, it is anticipated that projects already control access to only necessary project vehicles. Enforcement is also assumed to be part of jobs due to safety concerns and not cost specific to this rulemaking. Large-Scale Job Comments: Initial cost will be needed for installing or renting fencing in order to limit and restrict access; around $300-$1000/month, depending on the size of the project and required maintenance. It is of note to mention that this may likely result in a cost already shared for the Safety and storm water requirements of a site. Operations: Negligible impact on operations since areas are typically restricted for safety concerns anyway. Initial Investment: There will be an initial cost associated with the engineering control and some training. For example, a slurry clean up vacuum system costs around $2000, without labor. Costs were estimated using a work area 50'x50' (2,500 square feet) with 30 days of work and project cost at $65,000. For O&M, assume 30 minutes at the end of each day for cleanup. Large-Scale Job Comments: Operations: Monthly O&M is estimated to be $500 to use and maintain the vacuum system. Otherwise, none/negligible effects on operations. 24 11. Abrasive Blasting 11.1 Mitigation: Equipment & Work Area Clean-up Comments 11.2 Mitigation: High Winds Restriction Comments Initial Investment: There will be no initial cost associated with this mitigation; all costs are assumed to be O&M. Much of this mitigation applies to general housekeeping, which should not have major effects on the project since it is already integral to the process. However, renting a 30" head, gas powered vacuum at a price of $4.55/M.L.F (assuming a 10,000 square foot area) could cost upwards of $70,000 (O&M costs) if you are vacuuming daily. Large-Scale Job Comments: Operations: O&M costs (0 to 0.3% of the total project costs). Initial Investment: None/Negligible An analysis of wind speeds from local sources shows winds >30 mph on an hourly basis (maximum) is between 1% and 6% of the time between 6 am and 6 pm yearly, so assume stop work 1%-6% of a 40-hour week, based on location. Assuming $25/hr/employee, 5 employees and a 6% stop work time, at a minimum, the cost of using this mitigation would be $300/week, or $15,600/year. Large-Scale Job Comments: This category has a negligible effect on construction and therefore a negligible cost. The lost time is no worse/different than days lost to rain or other inclement weather. Operations: Lost work Cost: $$$$/person/year Cost due to Schedule delays. 0 to 0.5% of total job cost 25 Abrasive Blasting 11.3 Mitigation: Restrict Access Comments 11.4 Mitigation: Slurry Clean Up Comments Initial Investment: None/Negligible (limited to signage and potentially blockades). Could also include fencing at $1-$3/linear foot which will work out to $300-$1000/month, depending on the size of the project. It is typical for areas of projects to have limited/restricted access for safety concerns; therefore, it is anticipated that projects already control access to only necessary project vehicles. Enforcement is also assumed to be part of jobs due to safety concerns and not cost specific to this rulemaking. Note that this may likely result in a cost already shared for the storm water requirements of a site. Large-Scale Job Comments: Costs will scale with the size of the job. However, large scale jobs may be required to include this BMP as part of fugitive dust plans required by the County and State. Therefore, this may already to a cost to this scale of project. Operations: Negligible impact on operations since areas are typically restricted for safety concerns anyway. Initial Investment: There will be an initial cost associated with the engineering control and some training. For example, a slurry clean up vacuum system costs around $2000, without labor. Costs were estimated using a work area 50'x50' (2,500 square feet) with 30 days of work and project cost at $65,000. For O&M, assume 30 minutes at the end of each day for cleanup. Large-Scale Job Comments: None Operations: Monthly O&M is estimated to be $500 to use and maintain the vacuum system. Otherwise, none/negligible effects on operations. 26 12. Mechanical Blowing 12.1 Mitigation: High Winds Restriction Comments 12.2 Mitigation: Blowing Techniques Comments Initial Investment: None/Negligible An analysis of wind speeds from local sources shows winds >30 mph on an hourly basis (maximum) is between 1% and 6% of the time between 6 am and 6 pm yearly, so assume stop work 1%-6% of a 40-hour week, based on location. Assuming $25/hr/employee, 5 employees and a 6% stop work time, at a minimum, the cost of using this mitigation would be $300/week, or $15,600/year. Large-Scale Job Comments: Large scale jobs have more employees and potentially larger costs due to stop work; however, as a percentage of total job cost, job scale is less a factor. Regardless, large jobs are already required to comply with high wind BMPs under the State and County Rules. Therefore, this is already a cost to this scale of jobs. Operations: Lost work Cost: $$$$/person/year Cost due to Schedule delays. 0 to 0.5% of total job cost Initial Investment: There will be none/negligible initial costs to methods alternate to leaf blowing, such as raking. Assume $30 for a rake or broom per job. Switching from a leaf blower to a rake or broom will increase the amount of time to complete the work. This will have large impacts to a project and will depend, on the size of the affected area. Assume additional O&M costs of $50 to $100/year per job (multiple additional hours to rake a 400 square foot yard, once per year at $15/hour). Lost efficiency is the cost of using a rake, broom, or shovel to clean up debris. It is reasonable to suggest it will take twice as long to complete a job using mechanical methods as opposed to a leaf blower. Even at that these costs are likely negligible. Large-Scale Job Comments: Not likely to be applicable to projects greater than 5 acres. Operations: Activities will take longer or require additional personnel. Assume additional O&M costs of $50 to $100/year. Fugitive Dust – Draft Training, Outreach and Education Proposal for Option 1 Background: Since 2013, staff has been working with the community and City Council to develop regulations that will prevent, minimize, and mitigate fugitive dust emissions from 13 dust generating activities, e.g., earthmoving, mechanical blowing, etc. On April 5, 2016, City Council will consider adoption of the proposed regulations. If Council elects to adopt the Option 1, staff has proposed to delay enforcement to allow for training, outreach, and education on the Ordinance the accompanying guidance manual. This document outlines the proposed plan for this training and outreach. Proposal: Training Element Lead Timeline Audience May- June June- Aug Sept/Oct Nov or 1/1/17 City Inspection Staff City Staff that Generate Dust City Staff Generally Private Sector/ Contractors General Public Develop Training Materials ESD X X X X X X Develop Enforcement Materials ESD X X Conduct Training Sessions ESD X X X X X Conduct Outreach ESD X X X X X X X Begin enforcement (no fines) Inspection Staff X X Begin official enforcement Inspection Staff X X Notes: • Training materials will include presentations that include a general overview of the changes to the Code, the guidance manual, and requirements of individual parties. Training sessions will be conducted with a) all City staff, including front line building staff; b) City inspectors; c) Contractors, developers, etc. (including both City and private sector staff that generate dust). • Enforcement materials will include draft enforcement worksheet that will be completed by inspectors in the field, the draft spreadsheet for tracking enforcement, and a Sharepoint site to manage the various inspection documents. • Outreach is designed to inform the general public about the regulations that have been adopted. Staff intends to develop a communication plan that includes both traditional notifications, e.g., Utility mailer, as well as social media. Staff will work with the Communications and Public Involvement Office to craft these materials. Proposed Enforcement Approach: The proposed approach is as follows: • Who will enforce? As the activities that generate dust span all types of City inspections, e.g., rights-of-way, developments, building construction, etc., the recommendation is that all City inspectors be trained to assist with enforcement in the field. This includes Code Compliance, Erosion Control, ROW staff, and Building Inspectors, at a minimum. • What is the proposed enforcement process? With all inspectors trained, it is proposed that whichever inspector is out in the field will address the issue with the contractor on site (responsible for the action). To reduce duplicate discussions with operators, an email list will be created and after the conversation in the field, an email notification will be sent to the group informing them that action has been taken. Finally, a spreadsheet will be developed and stored so that inspectors can log complaints/issues/resolutions on a shared file for all. • When will training and enforcement begin? Staff proposes that training be completed by April 30, 2016 and that enforcement begin by July 1, 2016. Between adoption and July 1, the main focus will be on outreach, training and education on the proposed regulations. • How will we train contractors, City staff, and others affected by the regulations? See opposite page. In addition, trained staff will need to be "sworn in" by Police to uphold this particular section of the Code. • Do we have the staff resources to adequately enforce these new regulations? Staff estimates that we have approximately one complaint per month, with some instances, e.g., the mall, where more frequent complaints come in. It is currently anticipated that enforcement can take place with existing resources, though it will need to be incorporated into work plans (as well as the training). The tracking spreadsheet of complaints will help us assess if additional resources are needed for implementation. Page 1 MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD Date: Monday, January 25, 2016 Location: Conf. Room 1A, 215 N. Mason Street Time: 5:30–8:00pm For Reference John Shenot, Chair Ross Cunniff, Council Liaison 970-420-7398 Lucinda Smith, Interim Staff Liaison 970-224-6085 Board Members Present Board Members Absent +John Shenot, Chair +Rich Fisher +Robert Kirkpatrick +Jim Dennison +Vara Vissa +Gregory Miller +Tom Griggs +Mark Houdashelt +Chris Wood Staff Present +Lindsay Ex, Staff Liaison/Environmental Program Manager +Dianne Tjalkens, Admin/Board Support +Lucinda Smith, Director of Environmental Services +Mike Gavin, Director of the Office of Emergency Management +Matt Housley, HazMat Team Captain (PFA) +Ron Gonzalez, Assistant Fire Marshall (PFA) +Matt Zoccali, Regulatory and Governmental Affairs Manager +Cassie Archuleta, Environmental Planner Councilmembers Present Guests None Call to order: 5:34pm Public Comments: None … AGENDA ITEM 2: Fugitive Dust Lindsay Ex, Environmental Program Manager, explained the fugitive dust regulation options that City staff intends to present to Council for consideration at a February 9, 2016 work session. The AQAB offered feedback to staff on the options and discussed whether the AQAB should recommend a particular option to City Council. Particulate Matter (PM) impacts are in health, reduced visibility, ecosystem and materials impacts and nuisance. Have seen increased PM. Air emissions data shows majority of emissions come from construction and roads. City lacks comprehensive approach to dealing with fugitive dust. State and County have DRAFT Page 2 regulations but only state can issue violations. Also lacking upfront guidance on how to comply with regulations. Looking at series of code changes to make City able to enforce. Dust control manual, training and support program, and public outreach planned if pass code changes. Have three options that all create an enforceable ordinance, regardless of size of project. all options require covered loads. Option 1: adopt ordinance and manual with delayed implementation to allow time for training/education. Option 2: Begin enforcement immediately. Option 3: Adopt ordinance but do not make mitigation in manual required unless problem occurs. More typical approach in other communities. Can require a plan upfront. In Option 3 required to prevent dust, but if a problem occurs, must use BMPs from manual. If complying with manual, then in compliance with ordinance in options 1 and 2. In option 3 violation occurs if dust is leaving site. Challenges with 1 & 2 are increasing project costs upfront. Challenge with 3 is doesn’t allow training and outreach, and upfront budgeting if there is a problem. Also, assume Option 3 would generate more dust as no BMPs required at all times. Comments/Q&A  Option 3 is most resource intensive in terms of staffing? Have to continue to go back to project if not in compliance. Greater workload. o Need to consider more. Other options could have site checks without complaints, so resource needs for both. o Cost? To city? To company?  Council will ask as well. Have staff that goes to every construction site in city biweekly anyway. Not having enforceable ordinance has created more use of staff time. Any option would streamline.  No option has a cost as well: human health, responses to citizen calls, etc.  Currently going out on calls, but can only issue nuisance violations—very difficult to do. o With option 3, over time as people become aware of manual, might get more calls. Also concerned about definition of “problem.” if code enforcement sees off property transport of dust, or if citizen complaint, but if windy or saw cutting concrete with no water, buy time get there wind is down, or project is done. Difficult from that standpoint. If do outreach with option 3, imagine a few more people would do a little more than now. But many won’t. hard to know what compliance would be if only enforceable if there is a “problem.” Option 3 is better than nothing, but not as good as 1 or 2 and cost burdens those who want to do the right thing. Need to spread cost evenly.  Option 1: hope that it would be done in a way that there is a fixed date that compliance becomes a requirement, not set after done with training and outreach. clarify that. Option 3: creates a situation where don’t have to do BMPs, and even if cause a problem, haven’t yet violated the ordinance. If cause problem, only then have to do BMPs. So, why would I spend anything to do BMPs until someone says there is a problem?  1 and 2 put primary burden on builders. Option 3 puts burden on City staff to track down violators. Business owners prefer cost certainty. Options 1 and 2, know what have to do. Option 3 has no penalty for not using any BMPs. Staged option? With ability to apply for delay or variance. o Option 2: still talking about education through spring and summer.  Option 2: becomes effective 10 days after reading.  Builders have bid on projects for fall already.  What is impetus for immediate start?  Provide range of options for Council to consider.  Does Council always get options with any ordinance? o Oftentimes. o Heard feedback at work session for strategic plans, that going too far and need to look at what the problem is that trying to solve. o Option 3 shows not serious about the issue.  Delay for Option 1: implementation only delayed, or training delayed too? Page 3 o Assuming Council adopts Option 1, would spend couple of months developing training materials for community and for staff. Then time for actual training and time for inspectors to notify builders. o If manual is comprehensive, and there is list of additional practices, why are they not in the manual?  If over 25 acres, already required to use dust control measures.  Which measures will you accept?  Very prescriptive to comply with the manual.  Option 3, a contractor could be not doing BMPs in manual, and have no dust generated. Ex: building during rainy season.  Option 1 is one we’ve been considering for two years. Support this option. Have to pass this ordinance. Talking about it for too long. Has been a problem for 15+ years.  Not much difference, practically, between 1 and 2. With 2, will give people slack on writing violations for a while. No way people can comply immediately. Option 1 gives realistic time frame. Bear in mind that this only restrict visible off property transport. These BMPs reduce to point where can’t see it. Still making dust that is going off property. Not getting to zero.  Hasn’t board already recommended option 1? o Have yet to recommend adoption of an ordinance. Helpful to Council to recommend one of the three options. o Recommend specific calendar date for enforcement. o First reading April 5.  Would ordinance change if passed Option 3? Current ordinance language directs use of manual. Greg moved and Tom seconded a motion to strongly recommend adoption of the Dust Control Ordinance Option 1 with an enforcement date of November 1, 2016. Motion passed unanimously, 8-0-0. Rich left before vote. Discussion on motion:  Recommendation does not limit Council’s discussion of options. o Board will also be able to make additional recommendations to Council.  Would council find it more persuasive to add reasoning for supporting that option? o In AIS, staff would describe board’s discussion. Council appreciates a letter from the board, which can be included in a slide or in AIS to Council. o Public comment at work session?  No. Council and staff. Public comment at hearing. … Excerpt - Land Conservation and Stewardship Board Wednesday, February 11. 2015 Re: Dust Control Manual Dust Control Manual – Melissa Hovey Due to an increase in development in the city and more and more complaints about dust City Council requested the City Environmental Services Division propose code changes to the current regulations to implement the best practices outlined in the Dust Prevention and Control Manual. Health and environmental impacts from particulate matter are causing this to be a priority for the department to close the gap in regulations and enforcement actions. Environmental Services is seeking LCSB support for the municipal code change, a Dust Guidance Manual and an internal policy and public outreach effort. No new fees would be implemented; this is using existing staff in the field to respond to complaints. This is less active than some of enforcement procedures so it’s mostly based on a complaint and enforcement actions. This does not require any new permits, additional inspections, extra requirements or additional fees. We are not expecting zero dust, but the enforcement would address whether or not you are following dust control guidelines. Applicable activities that would most affect the Natural Areas Department would be any and all earthmoving activities, track out/carry out activities, unpaved roads and haul roads. Melissa listed the site where a dust control survey can be taken by the general public http://www.fcgov.com/airquality/fugitive-dust.php . Kelly reported that this issue isn’t going before Council for a year and wanted to know why. Melissa – I don’t know why, but I did inquire as to whether or not that was accurate and was told yes. We are hoping that maybe after April that we can bring this issue back. Kelly proposed it might be brought back to the table after the election. Melissa reported that there has been much industry push back, specifically with the regulations because most industry has their own dust control management practices in place and feel the code to be duplicative of what they are currently doing. Kathryn – Would it be helpful to have the general public write in to Council supporting the issue? Melissa- We are directing the public to go to Fort Collins Access and make an initial record of it versus just writing a letter. Kathryn – At what level is dust classified as fugitive and how do you define the term fugitive and then how do you go about measuring this? Melissa – The word fugitive means that it does not come from a stack chimney or vent, it’s just out blowing around. We use EPA guidelines to help us measure it. Trudy - Would it be helpful to submit a letter, from the board, to Council asking them to put the item back on the agenda? Kelly – It seems like there has to be a better way to get people to comply with the regulations and I understand the goal is compliance, but it’s not punitive. Melissa – The goal is to get someone from our staff, on the property to enforce the rules. Kathryn – How do you prove infraction? Melissa – Basically we are asking if you are doing this type of activity then are you using these management practices. There is an assumption that dust emissions transferred over the property line and if that’s the case then dust control measures must be in place. Kelly – I would really like the LCSB to support this in the strongest way possible. Where is the push back coming from? Melissa - The larger guys that have worked out of state understand the regulations, but the smaller size businesses that have only operated in northern Colorado are unfamiliar with this, they are fearful of it, it’s new and they are quickly reading a 40 page manual and simply can’t afford it. We’ve been very successful meeting with these smaller companies. It’s an education hurdle to overcome but after we talk with them and give them the information they become supportive of the idea. Kathryn - I support this because of the health implications, especially for children. The asthma rate is very high right now and seems to be getting worse. Edward – Would there be a need to put in the letter what the stakes are, in this, for the Natural Areas Department or are we just voicing an opinion on this. Mark – We have a huge stake in this issue. Rick Bachand and Justin Scharton reviewed this as well because we have some operations that this affects. We do a lot of earth moving projects and agricultural projects so we certainly have concerns. We didn’t think there was anything in the manual that we wouldn’t live up to. Those concerns are also listed in the Dust Control memorandum that was sent out. Trudy – Wasn’t it clear in the memo you sent out how this affect the Natural Areas Department? Mark – Yes. Trudy Haines made a motion to send a letter to City Council recommending the item be put back on the March agenda and that City Council approve the proposed Code changes to implement the best practices outline in the Dust Prevention and Control Manual developed by the Environmental Services Department.. Kathryn Grimes seconded the motion. The motion was unanimously approved. Mark agreed to leave the memorandum as is and just add the language to encourage the item to be placed on the March City Council agenda. Parks & Recreation Board Meeting – January 28, 2015 Page 1 of 4 BE A GOOD STEWARD: Protect & Respect your Parks, Trails & Recreation Facilities Call Meeting to Order: Bruce Henderson call the meeting to order 5:34pm. Agenda Review & Items of Note: • The newly appointed P&R Board members; Kelly Smith and Kenneth Layton were introduced. • Craig Foreman shared a photo book showing some of his paintings and the easel he purchased with the gift card the Board gave him at this retirement. • Reminder that the Election of Officers will take place at the February meeting. Citizen Participation Danny Burdick with Fort Collins Disc Golf Association and Jon Boothe with Northern Colorado Disc Golf stopped in to introduce themselves to the Board and to show their support disc golf courses in Fort Collins and invite the Board to play. Approval of Minutes: Discussion: None Scott Sinn made the motion to approve the Parks & Recreation Board minutes of December 3, 2014, seconded by Brian Carroll – Minutes approved 5:0 (2 new members abstained as they were not present at the December meeting). Meeting Summary • Kurt Friesen, Director of Park Planning & Development presented the Board with the latest draft proposal for the Southeast Community park design which will be presented to the neighborhood meeting. The schedule for the process is for final design to be completed by September 2015 with construction to start in January 2016 for a grand opening in May 2017. The new design has addressed the neighborhood concerns and has incorporated a theme into the design that reflects the heritage of the land. • Melissa Hovey, Senior Environmental Planner shared with the Board the proposed new code language to the Health & Environment Codes to help control fugitive dust. "Fugitive dust" consists primarily of soil particles in the air caused by wind and human activities such as excavating, demolition, abrasive blasting, and other activities. Dust causes health problems; safety, visibility, and aesthetic issues; and is a nuisance causing damage to property and machinery. City staff responds to numerous dust complaints from citizens each year and current codes and policies do not adequately provide for the prevention and control of dust emissions or the protection of health and the environment. PARKS AND RECREATION BOARD MINUTES Regular Meeting Wednesday, January 28, 2015 5:30 p.m. Board Chair: Bruce Henderson, Chair 2014 bmhender6@gmail.com Council Liaison: Gino Campana – gcampana@fcgov.com Staff Liaisons: J.R. Schnelzer, 970-221-6301 – jrschnelzer@fcgov.com Kurt Friesen, 970-221-6618 – kfriesen@fcgov.com Bob Adams, 970-221-6354 – badams@fcgov.com Parks & Recreation Board Meeting – January 28, 2015 Page 2 of 4 Full Minutes AGENDA ITEMS: Southeast Community Park Plans Update – Kurt Friesen Kurt Friesen, Director of Park Planning & Development presented the Board with the latest draft proposal for the Southeast Community park design which will be presented to the neighborhood meeting. The schedule for the process is for final design to be completed by September 2015 with construction to start in January 2016 for a grand opening in May 2017. We feel that the neighborhood concerns of: • All parking located on south side of park • Parking not distributed around the park • Traffic concerns with park entrances on Kechter Road • Preference for park entrance off of Ziegler Road • Lighted ball and turf fields • Playground to close to Kechter Road • Unsightly BMX course highly visible from Ziegler Road Have been addressed with the new design; parking will now be interior to the park with access off of Ziegler, the ball fields will remain lighted; but the turf fields will not be lighted, the playground will also be more centralized in the park and the BMX course will moved to the northeast corner of the park off of Lady Moon just west of the ball fields. We wanted to keep the identity of the area which used to be a farm with an orchard, so some of the interesting elements that may be incorporated in the design will include: • The silos that will be removed from the intersection of Prospect & Timberline, which may be interactive in some way or may be a lighted feature • A large harvest table • An orchard • A trellis garden as well as a community garden • And the use of the creek as a water feature for play In addition, there will be the traditional elements of two ball fields and two multi-purpose turf fields, a dog park, a BMX track, and some open space areas left in a more natural way to allow for quiet areas away from play areas. Discussion Board – It really seems like you’ve addressed the neighborhood concerns in a creative way. Board – Another way to use the silos might be for music since the acoustics tend to be very good. Board – Designing with the heritage of the property in mind is great. Board – Keep pushing the envelope. Dust Control Manual/Municipal Code Changes Melissa Hovey, Senior Environmental Planner shared with the Board the proposed new code language to the Health & Environment Codes to help control fugitive dust. "Fugitive dust" consists primarily of soil particles in the air caused by wind and human activities such as excavating, demolition, abrasive blasting, and other activities. Dust causes health problems; safety, visibility, and aesthetic issues; and is a nuisance causing damage to property and machinery. City staff, in many departments, responds to numerous dust complaints from citizens each year. Current codes and policies do not adequately provide for the prevention and control of dust emissions or the protection of health and the environment. Staff in the Environmental Services Department has constructed a draft approach to address fugitive dust issues that currently includes the following proposed components: • Addition of a new section to the Municipal Code and minor changes to the Land Use Code • Council adoption of a Dust Control Manual that includes dust control measures for specific dust generating activities Parks & Recreation Board Meeting – January 28, 2015 Page 3 of 4 • A modification to internal Administrative Policies to require compliance with the Dust Control Manual on City projects • Training of existing inspection and code compliance staff • Public outreach and education For more detailed information about the Code language and the review the Dust Prevention & Control Manual visit: http://www.fcgov.com/airquality/fugitive-dust.php. There is also a survey you are welcome to take. Discussion Board – When will this being going to Council? Staff – It was scheduled for March 3, for the first reading; but has been now put on the unscheduled work session agenda. Board – Does this have an impact for Parks with their maintenance? Staff – To some extent with our leaf blowing and removal; but we’re looking at new equipment. The downtown maintenance will be a challenge as we look at ways to conform; since we blow off corners at 4:00am. Board – What if you did this a pilot for one year to allow people/organizations to get new equipment in order to meet compliance? Will there be a grace period for compliance? Board – It seems that you may want to wait for a Code change and work on education and outreach so people/organizations understand what it is and there is some “buy-in” of the need for the new Code language. STAFF UPDATES Parks Updates • Parks is working on a waste reduction program as we work toward zero waste. With that Parks is providing more recycling options in the parks and has “Recycling Zones” at each of the shops. • The pavers in Old Town Square will be removed and available for anyone to take; with a minimal fee for stacking and moving. Recreation Updates • ARO – 20 year anniversary celebration to be held on February 4th at the Senior Center from 5:00 – 8:00 PM • Columbine/UCHealth and City of Fort Collins Partnership Report o September, October, November o Total Participation: 970 2013: 1468 o Variety of wellness services provided: 16 2013: 10 o Total Revenue: $7,532.00 2013: $18,177 • Park Planning, The Gardens and Spring Creek and Recreation staff hosted the Senior Center Community Gardens Open House on February 14. • This morning at the 8th Annual Breakfast of Champions hosted by CHAMP (Character in Athletics Make it a Priority) one of our former employee and supporter of Parks and Recreation Keith Griffin (Griff) was the award recipient for the Sonny Lubick Coach of Character Award. • Foothills Activity Center has broken ground and plans to be open by mid-November. • Mike McDonnell’s Retirement Party will be Thursday, February 26. Invites will be sent out. • The Recreation Area Manager position has been announced. • Operational Plan Action Item updates where presented at the all staff meeting last Friday, January 23. o We identified 58 actions for the next 3 years. o 2015 – we have 30 actions we are trying to accomplish o Key Highlights  All teams are meeting to discuss action items.  Create a plan to begin a review of the organizational structure of the Division to address current silos, impending retirements, workloads, cross functioning teams and succession planning. Park Planning Updates We have 30 active projects, but a couple to highlight are: • I-25 Pedestrian Bridge - Park Planning recommends foregoing the construction of the I-25 pedestrian overpass, and instead working with CDOT to construct the trail crossing at the Poudre River Bridge at the time of the bridge replacement. GOCO grant money for the construction of the overpass may be used to construct a portion of the Poudre River Trail through the Arapahoe Bend Natural Area instead. Parks & Recreation Board Meeting – January 28, 2015 Page 4 of 4 • Avery Park Residence Meeting – There is a meeting scheduled for February 29 regarding the lighting in the area of Avery Park for safety concerns. • Fossil Creek Trail Underpass at Trilby – This project will be completed within days. Bicycle Advisory Board Liaison Update Explained the P&R Boards participation in the BAC. Board Work Plan Items Discussed and assigned members to various work plan items. • Budget – BOB2 items that focus on P&R are: Gardens on Spring Creek Visitor’s Center Expansion, Southeast Community Center Outdoor Pool, City Park Train, Club Tico Renovation • Communications – No Update • Sustainable Practices – No Update • Parks – No Update • Trails –Visited Land Conservation Meeting, so much marries with what P&R does it was an interesting discussion. • Recreation – Working on the article on the history of Parks &Recreation gave me an opportunity to read “An Anecdotal History of the Parks & Recreation Department of Fort Collins, CO”, which was written by Jean Helburg, retired Director of Recreation. I would recommend the Board read her article as it was so interesting http://www.fcgov.com/recreation/pdf/anecdotal_history.pdf • Other Projects/Programs – No Update Schedule of Articles/Calendar Dawn will get the schedule of dates/articles out to the Board. March – Archery Range April – The Farm at Lee Martinez May – City Park History Bullet Points • The Board was updated on the Southeast Community Park Design – Open House February 15 • The Board was updated on the Dust Control Manual & Proposed New Code Language and the Board felt there needed to be more thought on implementation strategy. • Introduction of new Board Members Adjournment: Meeting adjourned 8:070pm Respectfully submitted, Carol Rankin Carol Rankin Administrative Supervisor Parks Board Approved Minutes 2/25/15 - 8:0. Board Attendance Board Members: Ragan Adams, Brian Carroll, Bruce Henderson, Kenneth Layton, Jessica MacMillan, Scott Sinn, Kelly Smith, Dawn Theis Staff: Bob Adams, Kurt Friesen, JR Schnelzer, Carol Rankin, Craig Kisling, Mike Calhoon, Jeff Mihelich, Marty Heffernan, Gino Campano and Melissa Hovey Guest: None Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE: December 17, 2015 TO: Mayor and City Council Members FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB) SUBJECT: Recommendation on Fugitive Dust Control The NRAB has twice reviewed draft guidelines for controlling fugitive dust in Fort Collins prepared by the Environmental Services Department, a problem arising from citizen nuisance complaints and dutifully addressed by Staff. We are swayed by the need for, and the multiple benefits of, dust control, both for the health of our citizens and of our many wetlands and waterways, as well as supplementing ongoing efforts to darken our nighttime skies. The guidelines seem appropriate, not overly costly or invasive, and very much in line with similar nuisance dust guidelines in other areas of the arid west. We urge Council to put the Fugitive Dust Control elements in place by amending the Municipal and Land Use Codes, adopting the Dust Control Manual, and approving any other actions necessary to support this common sense dust control effort. Respectfully submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry, City Manager Susie Gordon, Sr. Environmental Planner Yes 65.0% 104 No 35.0% 56 Total 160 Total 163 New Summary Report - 03 March 2015 1. Do you support the implementation of dust control measures that are technologically feasible and economically reasonable to prevent off-property transport of dust emissions? Yes 65% No 35% 2. Have you been negatively impacted by dust emissions from activities such as street sweeping, construction and demolition, leaf blowing, earthmoving, abrasive blasting, or other dust generating activities in Fort Collins? Yes 52.8% No 47.2% Yes 52.8% 86 No 47.2% 77 Total 163 It would have a NEGATIVE impact on me personally. 23.6% 38 It would have a POSITIVE impact on me personally. 51.6% 83 It would have NO impact on me personally. 24.8% 40 Total 161 3. In what way do you think the proposed dust prevention and control requirements would impact you personally? It would have a NEGATIVE impact on me personally. 23.6% It would have a POSITIVE impact on me personally. 51.6% It would have NO impact on me personally. 24.8% 4. In what way do you think the proposed dust prevention and control requirements would impact businesses that create dust such as landscapers, excavators, sand blasters, and construction related businesses? It would have a NEGATIVE impact these types of businesses. 67.3% It would have a POSITIVE impact on these types of businesses. 17.3% It would have NO impact on these types of businesses. 15.4% It would have a NEGATIVE impact these types of businesses. 67.3% 105 It would have a POSITIVE impact on these types of businesses. 17.3% 27 It would have NO impact on these types of businesses. 15.4% 24 Total 156 Yes 28.8% 47 No 71.2% 116 Total 163 5. Do you have any respiratory or pulmonary issues that are affected by impacts from fugitive dust? Yes 28.8% No 71.2% 6. Which choice describes you best with regards to this issue? I represent the general community in Fort Collins. 66.3% 108 I represent the business or industrial community in Fort Collins. 19.0% 31 I represent the scientific or medical community in Fort Collins. 14.7% 24 I do not live, work, or conduct business in Fort Collins 0.0% 0 Total 163 I represent the general community in Fort Collins. 66.3% I represent the business or industrial community in Fort Collins. 19% I represent the scientific or medical community in Fort Collins. 14.7% February 9, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex Questions for City Council 2 • What feedback does Council have regarding the proposed options: 1. Adopt Code Changes and Manual, delay enforcement 2. Adopt Code Changes and Manual, begin enforcement immediately 3. Adopt Code Changes only, use Manual as guidance 4. Status Quo • Does Council suggest any additional outreach before First Reading? Presentation Outline 3 • What is the problem we’re trying to solve? • Initial Approach • Pilot Project • Proposed Options • Feedback to Date • Discussion What is fugitive dust? 4 Solid particles (particulate matter) suspended in the air by wind or human activity that don’t pass through a stack, chimney, or vent… Dirt soil leaves silica asbestos soot molds fungi pathogens bacteria manure pollen ash pesticides heavy metals brake linings What is the problem? 5 5 Over ¼ of Fort Collins’ households have a member with respiratory ailments • Impacts to the Public – Quality of Life – Nuisance – Health Concerns – Reduces visibility – Impacts to the ecosystem • Impacts to the City – Staff Resources – • Up to 50-100 complaints/year What is the problem? 6 • Existing regulations – State rules apply to stationary sources and >25 acres – Larimer County rule applies to land development >5 acres • Can respond to complaints, can’t issue violations – Existing Fort Collins regulations are difficult to enforce Large developments are covered by state regulations What is the problem? 7 • Gaps and Issues – No requirements for projects under 5 acres and certain project types – Limited state capacity to meet residents’ expectations – No entity offers clear and upfront guidance on how to comply • Increases project budgets when addressing issues on a reactive basis Street cleanup on Horsetooth Road Initial Approach 8 Code Changes Dust Control Manual Training and Support Public Outreach Code Changes 9 • City Code – Applies to all dust generating activities – Requires operators to comply with the Manual • Land Use Code – References the Manual – Makes minor changes to the LUC to align with the City Code changes Manual 10 • The manual outlines 33 Best Management Practices to address 12 dust generating activities – Example: Earthmoving • Definition: Site prep, grading, excavating, etc. • Required BMPs: measures required on every site • Additional BMPs: if required BMPs do not prevent fugitive dust, at least one of these BMPs must be applied Training and Rollout 11 • Develop training materials (May-June) • Conduct training sessions (June-Aug) • Conduct public outreach (June-Oct) • Begin soft enforcement (Sept-Oct) • Begin official enforcement (Nov 1) Enforcement 12 • Civil infraction • Violation if not in compliance with the Manual – All required BMPs must be in place – If unsuccessful at preventing off-property transport, at least one additional BMP Initial Public Engagement 13 • April 2014 – February 2015 – Met with 6 City Boards and Commissions – Online Survey – 163 respondents – Open House – February 2015 (14 attendees) – Extensive discussions with 8 City Departments – Specific outreach to the business community: • Chamber of Commerce, • Business meetings, and • A stakeholder meeting with 23 attendees in December 2014 Project Pilot 14 • In early 2015, Councilmembers directed staff to conduct a pilot of the program: – To collect data: • Impact (do the BMPs mitigate dust?) • Water • Time • Cost – To engage stakeholders: • A Fugitive Dust Working Group was formed Data Collection - Impacts 15 • Field Data Collected this Summer: – Conducted 46 observations over 20 sites • 17 (37% of observations) – met the standards in the Manual • 31 (67%) – some dust mitigation in place • 15 (33%) – zero dust mitigation BMPs – Conducted 8 controlled measurements • Employing mitigation techniques can reduce dust generated up to 50-95% Data Collection - Water 16 • Water – Difficult to measure – Some BMPs have minimal water use, e.g., on-tool wet suppression – Some high higher, wet suppression with a water truck or on a stockpile – Highest water use likely at sites where a dust control plan is already required, e.g., Rigden Farm Data Collection - Cost 17 High O&M Low O&M Low Capital Costs High Capital Costs See Attachment 6 for detailed cost estimates for every BMP Restricting Access (e.g., Demolition/Renovation) High Winds Restriction (e.g., Earthmoving) Surface improvements (e.g., Parking Lot) Wind barrier (e.g., Parking Lot or Open Area) Note: 9 of the 12 dust generating activities have a low capital/low O&M (operations and maintenance) option Data Collection - Cost 18 • Affordability – Private Sector – Can increase project costs: • Commercial projects – range from 0.5 – 1.1% of costs • Single-family homes - range from 0.2 – 3.3% of costs – FDWG agrees costs will increase and will likely be borne by end users • Affordability – City – In general, Departments already follow the BMPs – Would affect City construction projects, e.g., buildings Pilot – Outreach 19 • Fugitive Dust Working Group – Composed of private, public and academic representatives – Met on a monthly basis – Provided feedback on the pilot study design and results – Discussed cost data at three separate meetings – Provided extensive feedback on the Manual, Draft Code language, and the proposed enforcement strategy Pilot – Outreach 20 • Additional Outreach – Approach outlined has been recommended by 5 City Boards – Visited with the Chamber LLAC and Northern Colorado Homebuilders Association The Options 21 • The Options: 1. Adopt Code Changes and Manual, delay enforcement 2. Adopt Code Changes and Manual, begin enforcement immediately 3. Adopt Code Changes only, use Manual as guidance if problems occur 4. Status Quo • Similarities of the First Three Options – All three options create an enforceable Ordinance – All three options apply to all scales of activities – All three options require covered loads Options 1 and 2 22 • Option 1: Adopt Code Changes and Manual with delayed implementation – Responds to citizen concerns – Provides proactive and prescriptive approach to compliance – Precedent setting • Option 2: Adopt Code Changes and Manual, begin enforcement immediately – Same as Option 1 – Only difference is enforcement timeline Option 3 23 • Option 3: Adopt Code Changes, use Manual as guidance if problems occur – Creates enforceable Ordinance for all activities – Less proactive and prescriptive approach to compliance • Impacts on residents could be greater • Does not require up-front budgeting for dust control – Rewards positive and proactive behavior in the field without adding prescriptive requirements Option 3 24 • Precedents – this is a more typical approach by Colorado Communities • Denver – “All persons shall take reasonable measures…” – Department can require plan upfront – Issues – generally addressed after visiting sites Option 3 25 • Jefferson County – References state code, and then requires reasonable controls for all activities – If complaints received, may require a plan • Boulder – …No person shall fail to use appropriate measures, such as watering and best management environmental practices, to control dust and erosion… Scenario: Commercial bldg on 1 acre site 26 • Status Quo – No specific requirements to control dust – Only the nuisance section of the Code applies – If fugitive dust occurs, then staff either • Approaches the general contractor with a request to address the issue, or • Contacts Larimer County to help address the situation – Each site is addressed on a case-by-case basis Scenario: Commercial bldg on 1 acre site 27 • Options 1 & 2: Adopt Code Changes & Manual – Project plans for and adheres to Manual’s required BMPs upfront: • Construction and Demolition, e.g., winds restriction • Stockpile, e.g., minimize drop height • Track-out/carry-out, e.g., remove deposition – If fugitive dust occurs, additional BMPs apply: • Cutting and grinding, e.g., on-tool wet suppression – If operator does not comply with the Manual, a violation is issued Scenario: Commercial bldg on 1 acre site 28 • Options 3: Adopt Code Changes, use Manual as guidance if problems occur – Project is required to take reasonable measures to prevent dust from being transported off-property – If problems occur, required to develop a plan (the Manual can be used as guidance) – If problems cannot be resolved, then a violation is issued One-page Comparison of Options Options Benefits Challenges Violations/ Remedies Status Quo • Cannot enforce on this issue • Inefficient use of staff resources Only state can enforce Option 1: Adopt Code and Manual, delay enforcement • Enforceable Ordinance • Proactive • Upfront cost planning • Delay allows for training and education • Does not address 2016 construction • Prescriptive • Adds project costs upfront Violation: if not complying with Manual Remedy: (1) apply at least one additional (BMP). (2) If still not in compliance with the above, issue citation Option 2: Adopt Code and Manual, enforce immediately • Enforceable Ordinance • Proactive • Upfront cost planning • Immediate implementation • Prescriptive • Adds project costs upfront • Lacks time to budget for upfront costs • Lacks time for training and outreach Same as above – only difference is when enforcement begins Option 3: Adopt Code, use Manual as guidance • Enforceable Ordinance • Rewards operators who already address dust • Reactive • More fugitive dust generated • Does not allow for upfront budgeting Violation: if dust leaves the property Remedy: (1) develop a plan to control dust; (2) if operator does not take reasonable measures, issue citation 29 Feedback to Date 30 • Air Quality Advisory Board – Recommend Option 1 – Proactive approach to this issue – Most cost-certain option • Fugitive Dust Working Group – Most Support for Option 3 – Option 3 addresses public concerns and acknowledges that many operators already address dust; focuses efforts on problems • No one has recommended Option 2 Next Steps 31 • Planned Public Outreach Before First Reading – AQAB – February 22 – Fugitive Dust Working Group – February 24 – Additional Boards and Commissions (as needed) • City Council First Reading – April 5, 2016 Questions for City Council 32 • What feedback does Council have regarding the proposed options: 1. Adopt Code Changes and Manual, delay enforcement 2. Adopt Code Changes and Manual, begin enforcement immediately 3. Adopt Code Changes only, Manual only applies if problems occur 4. Status Quo • Does Council suggest any additional outreach before First Reading? February 9, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex estimated at $5,000. Should have minimal impacts on routine operations, unless the area being stabilized is crucial to the project in some way cost to this scale of project. Operations: None/Negligible effects on operations (<$500 roughly $100/AC to mow which is typically needed 3-4 times/year), except for perhaps taking care to not harm/destroy the vegetation. Costs may be incurred to reseed areas that did not take on the prior seeding. additional cost $-$$ Minor O&M and initial costs $$ - $$$ No initial costs ($) but high O&M ($,$$$-$$,$$$) High Initial Costs ($,$$$-$$,$$$)but no O&M ($) High O&M ($,$$$- $$,$$$) and High Initial Costs ($,$$$-$$,$$$) negative, impact likely Very negative, impact expected • Proposal supports the policy to continually improve air quality • Proposal supports the policy to strive to protect human health • Proposal supports water quality and stormwater management requirements • Proposal does not support water conservation policy • Fast-growing cover crops used for re-seeding may be very water intensive. provide training and support in preparation for implementation. • Staff will develop a Public Engagement Plan to provide clear messaging about the ordinance and that compliance will not always result in zero dust being transported off site. • If the ordinance passes, staff will actively engage with the public and conduct outreach to reach a range of demographics. fugitive dust. including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if adust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain that creates emissions of fugitive dust or causes off-property or off-vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical equipment necessary to meet the standards of the manual - Would require training and outreach to occur simultaneously with enforcement - Same as above, this is the same as option 1 with the only difference being when implementation begins 3. Adopt Code Changes that prevents off-property transport of dust, and then if problems occur, use Manual as guidance to develop plan Note: staff would propose that all loads still be required to be covered, as outlined in the Manual, even with this option - Creates enforceable regulations - As many dust generating activities are already addressing dust, this approach rewards proactive and positive behavior without adding additional requirements - Reactive approach - Will be more fugitive dust - If fugitive dust is generated, companies will have to address it reactively and won’t be able to budget upfront for controlling dust Violation: if dust leaves the property Remedy: (1) develop a plan to control dust using the Manual as guidance; (2) if operator does not take reasonable measures, issue citation