HomeMy WebLinkAboutMemo - Mail Packet - 9/25/2018 - Memorandum From Cassie Archuleta Re: Martin Marietta Materials - Mou And Quarterly Site VisitsEnvironmental Services
222 Laporte Ave
PO Box 580
Fort Collins, CO 80522
970-221-6600
fcgov.com
MEMORANDUM
DATE: September 19, 2018
TO: Mayor and Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Lucinda Smith, Interim Chief Sustainability Officer
Lindsay Ex, Interim Environmental Services Director
FROM: Cassie Archuleta, Air Quality Program Manager
RE: Martin Marietta Materials – MOU and Quarterly Site Visits
This memorandum is in response to a request made during the during August 13, 2018 Leadership
Planning Team (LPT) meeting to follow up on the need for continuing quarterly site visits to the Martin
Marietta asphalt production facility, including contacting stakeholders.
Bottom Line
Since the 2015 implementation of a Memorandum of Understanding (MOU) between the City of Fort
Collins and the Martin Marietta Materials (MMM) asphalt facility, City representatives have visited the
MMM facility quarterly to review requirements of the MOU. Currently, all one-time requirements have
been met and staff believes that quarterly site visits are no longer considered necessary to assure
continuing implementation.
Unless otherwise directed, staff proposes to discontinue quarterly site visits and associated quarterly
summary memos to Council. Instead, staff proposes to update Council if there is any change in status
such as a violation of the state permit, or other concerns per compliance with the MOU. Staff will also
continue to respond to inquiries and complaints as needed.
Background
The City of Fort Collins and Martin Marietta Materials (MMM) signed a Memorandum of Understanding
(MOU) on March 3, 2015 regarding operation of an asphalt plant on N. Taft Hill Rd. The MOU was
implemented as the result of citizen concerns regarding a State permitting process for the asphalt plant,
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. One-time requirements of the MOU
included:
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
All one-time requirements of the MOU have been implemented. Ongoing requirements include
implementing a response protocol when investigating odor concerns, sweeping the nearby bike lanes,
and implementing dust control requirements. Terms of the MOU also include continuing compliance with
the State permit, which is audited by the County.
Per stakeholder feedback, the group that had originally organized in response to the facility’s permit
application (Citizens Against Asphalt Toxins or CAAT) is no longer active, as many of the members have
moved out of the adjacent neighborhood. One remaining contact did indicate that odors are still
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sometimes present, especially on hot days when the winds are calm. He also indicated that he sometimes
observes debris on the bike trail.
In 2018, through September 13, two odor complaints have been received by City staff (with one additional
complaint directly to the County). Complaints and concerns received by the City are forwarded to the
County and the facility for follow-up. Per State standards, only strong persistent odors (detectible at 2:1
dilution, for more than 1-hour) are violations, and the County reports that there have been no violations
of the State odor standard since the beginning of operation at the site. The MOU does not have additional
odor control requirements beyond the installation of the carbon filtration device (installed in 2016) and
compliance with the State standard.
Next Steps
Per site visits, the MOU does not explicitly require that City staff visit the site quarterly to review records,
but rather that records are made available quarterly upon request. Unless otherwise directed, staff
proposes to discontinue quarterly site visits and associated summary memos to Council. Instead, staff
proposes to update Council if there is any change in status such as a violation of the state permit, or
other concerns per compliance with the MOU.
Staff will also continue to respond to inquiries and complaints as needed by providing information to
neighborhood stakeholders regarding County and facility contacts for strong persistent odors, debris on
the bike trail, or other concerns. While there are no additional odor controls required per the terms of the
MOU or the State permit, the MOU will continue to require an odor response by the facility (includes odor
check on site, and checks for operational issues), and sweeping of bike trails (2x a month or when
needed).
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