HomeMy WebLinkAboutMemo - Mail Packet - 3/30/2021 - Memorandum From Cassie Archuleta Re: Martin Marietta Materials - Memorandum Of Understanding (Mou)
Environmental Services
222 Laporte Ave
PO Box 580
Fort Collins, CO 80522
970-221-6600
fcgov.com
MEMORANDUM
DATE: March 24, 2021
TO: Mayor and Councilmembers
THRU: Darin Atteberry, City Manager
Kyle Stannert, Deputy City Manager
Jackie Kozak Thiel, Chief Sustainability Officer
Lucinda Smith, Environmental Services Director
FROM: Cassie Archuleta, Air Quality Program Manager
RE: Martin Marietta Materials Memorandum of Understanding (MOU)
Bottom Line
The City currently has a Memorandum of Understanding (MOU) with a Martin Marietta Materials (MMM)
asphalt facility located outside of City limits. The MOU has several one-time requirements related to
environmental concerns and aesthetics, which have been met. The MOU also has some ongoing
requirements related to environmental compliance that are otherwise covered by alternate State
requirements and regulations. MMM representatives have requested that status of the MOU be
reviewed, with possible consideration of termination. Staff has evaluated the MOU and recommends that
the agreement be terminated.
Background
In 2015, the City of Fort Collins and MMM entered into a MOU regarding operation of an asphalt plant on
N. Taft Hill Rd. The MOU was originally implemented as the result of community member concerns
prompted by a State air emissions permitting process, when the facility applied for a status change from
temporary to permanent operations.
The facility, which is outside of City limits, voluntarily entered into the MOU with the City. The MOU
(attached) contains some one-time requirements related to environmental concerns and aesthetics, and
some ongoing requirements mainly related to City verification of existing State requirements.
All one-time requirements of the MOU have since been implemented, including:
Installation of additional odor control technology (a carbon filtration system)
Paving of haul roads (to reduce dust)
Installation a fence as a visual barrier and additional landscaping
Ongoing requirements of the MOU include:
Implementing a response protocol when investigating odor concerns
Sweeping the nearby bike lanes
Implementing dust control requirements
Continuing compliance with the State air permit
Specific hauling route requirements for City vehicles exiting the facility
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Current Status
Asphalt Toxins or CAAT) is no longer active, as many of the members have moved out of the adjacent
neighborhood. City staff contacted one remaining member in 2018, when the City proposed to
discontinue on-site quarterly MOU audits. He indicated that odors are still sometimes present, especially
on hot days when the winds are calm. He also indicated that he sometimes observes debris in the bike
lane near the plant.
Staff has evaluated ongoing requirements of the MOU in relation to potential ongoing concerns, and has
determined that the City can continue to work through existing State requirements, without the MOU, to
ensure ongoing attention to odor and debris issues. E.g.,
Odors are regulated by the State, and complaint response has included engaging the State and
County to audit compliance. The City proposes to continue engaging the State and County if odor
concerns are received by the City. Two (2) odor complaints related to this facility were received
by the City in 2018, and one (1) in 2019. The County investigated and could not substantiate
violations of odor standards.
For sweeping of bike lanes related to potential track-out of debris, Martin Marietta has committed
to working with the community on issues as they arise. Additionally, the State can require
mitigation measures for any activities that routinely deposit materials which may create fugitive
particle emissions on a public or private paved roads.
Fugitive dust requirements, including the requirement that loads be covered when leaving the
MOU was put in place).
Compliance with the State air emission permit will continue to be audited by the County.
The requirement for the City to use specific routes for entry and exit to the plant from the North to
CR54G will be suspended. However, the City will retain the right and sole discretion to define
specific hauling routes to/from the plant for City vehicles in the event a future change is necessary.
Next Steps
Unless staff hears community or Council feedback to the contrary, the City Manager will sign an MOU
termination by the end of April. Outside of the MOU, the City will continue to address environmental
impacts through existing alternate avenues listed above.
Attachment: Signed MOU, City of Fort Collins and Martin Marietta Materials, Inc.
CC: Gerry Paul, Purchasing Director
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