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Home My WebLink AboutResolution No. 045-07 , RESOLUTION WHEREAS, the Rochester Sand and Gravel Division of Mathy.Construction applied for an amendment to and renewal of its Type III, Phase II, Restricted Development Conditional Use Permit #05-06 to permit the establishment of a hot mix asphalt facility on property located east of T.H. 63, south of 60th Street South and northeasterly of Machinery Hill within the Quarve Quarry Pit; and, WHEREAS, since a hot mix asphalt facility is not a permitted use in this zoning district, the Applicant has proposed the development by way of the restricted development provisions; and, WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not allowed within a given zoning district can, if regulated, "serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standard zoning regulations;" and, WHEREAS, this application is being processed as an amendment to a Restricted Development Final Plan following the Type III, Phase III procedure with a hearing before the Planning Commission and a hearing before the Council; and, 46 WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant criteria for the review of this application; and, WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this application and prepared the following findings of fact: 1) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: The proposed hot mix asphalt (HMA) facility will not result in a need for sanitary sewer or water facilities on-site. Electrical power, needed for the facility, exists. Olmsted County Public Works will require the applicant to construct a right-turn and by-pass lane on St. Bridget Road/CR 20. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: The HMA site is proposed to be located on the existing quarry floor. There are no unique natural features on the property that have been identified. d) Residential Traffic Impact: Access to this property will be 1 • primarily from the north TH 63 quarry access. This access utilizes the existing frontage road access which is across from the 60" St. SW access on TH 63. The frontage road also has a south access. Secondary access to the property would be from the east side of the Quarry, at St. Bridget Road/CR 20. There should be no impact to residential roadways as a result of this application. Following the 2003 approval of a conditional use permit for a HMA plant at this location, the applicant paved both accesses. e) Traffic Generation Impact: Olmsted County Public Works will require the applicant to construct a right-turn and by-pass lane on St. Bridget Road/CR 20. At this time, no other road authority has indicated a concern that anticipated traffic would cause the capacity of the adjacent streets to be exceeded. MnDOT's referral finds the traffic impact acceptable. f) Height Impacts: This site does offer some unique opportunities for buffering and screening. The height of the quarry wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 • entrance (across from the 60th St. intersection with TH 63) and Machinery Hill. Due to topography and design of the quarry it appears the HMA site would be most visible from the east (i.e. east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA site would be the extended bag-house stack, which is proposed to be approximately 130 feet above the quarry floor. Approximately the upper 30-60 feet would be visible from the west. g) Setbacks: The HMA plant site is approximately 800 to 900 feet from the west property boundary. Setbacks from the north, west and south property boundaries would be more than '/4 mile. h) Internal Site Design: A layout of the proposed HMA plant is included in the application materials. From the HMA site, access will be available either to the east to St. Bridget Road/CR 20 or to the TH 63 accesses to the Quarry. The primary access is planned to be the north TH 63 access, which is located at the intersection of TH 63 and the 60th St. SW and east Frontage Road. i) Screening and Buffering: This site does offer some unique opportunities for buffering and screening. The height of the quarry • 2 1 iI • wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 entrance (across from the 60 St. intersection with TH 63) and Machinery Hill. Due to topography and design of the quarry it appears the HMA site would be most visible from the east (i.e. east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA site would be extended bag- house stack, which is proposed to be approximately 160 feet above the quarry floor. Approximately the upper 60 feet would be visible from the west. j) Ordinance Requirements: There should be adequate room on-site for employee parking and internal circulation of truck traffic. This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual (Sec. 63.600 et. seq.). k) General Compatibility: The site is separated from adjacent residential uses to the west by the quarry wall and the right of way of TH 63, so that the nearest house is roughly 1,400 feet away. The bag-house was • increased in height in order increase dispersion of emissions and thereby to reduce the effects of the HMA to surrounding neighbors. Approximately the upper 60' would be visible from the west. This applicant is again proposing to use an odor mask in the mix to neutralize and minimize odor from the plant. Additionally, this use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual (Sec. 63.600 et. seq.). It has been the experience of the Rochester-Olmsted Planning Department that existing hot mix asphalt facilities in the County have not generated a history of complaints related to noise, odor or dust. During the operation of their previous CUP, there were complaints from neighbors to the west about odors and emissions from the HMA plant, however 2) Final Development Plan Criteria: a) Public Facility Design: The proposed hot mix asphalt (HMA) facility will not result in a need for sanitary sewer or water facilities on-site. Electrical power, needed for the facility, is available. Olmsted County Public Works will require the applicant to construct a right-turn and by-pass lane on St. Bridget Road/CR 20. • 3 , • b) Geologic Hazards: There are no known hazards on the geologic property. c) Access Effect: Access to this property will be primarily from the north TH 63 quarry access. This access utilizes the existing frontage road access which is across from the 60th Street S.W., access on TH 63. The frontage road also has a south access. Secondary access to the property would be from the east side of the Quarry at St. Bridget Road/CR 20. There should be no impact to residential roadways as a result of this application. Following the 2003 approval of a CUP for an HMA plant at this location, the applicant paved both accesses. d) Pedestrian Circulation: Pedestrian facilities and pedestrian circulation should not be impacted by this proposal. e) Foundation and Site Plantings: This plant is not a permanent structure and the HMA site sits on the floor of the quarry below grade and out of view from most of the surrounding area (except for silos and stack). Foundation plantings would not be needed nor reasonable considering the use and visibility of plantings that would • be located near the equipment site. f) Site Status: This criterion is not applicable to this project. g) Screening and Bufferyards: This site offers unique opportunities for buffering and screening. The height of the quarry wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 entrance (across from the 60th Street intersection with TH 63) and Machinery Hill. Due to topography and design of the quarry, it appears the HMA site would be most visible from the east (i.e., east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA site would be the extended bag-house stack, which is approximately 160 feet above the quarry floor. Approximately, the upper 60 feet would be visible from the west. h) Final Building Design: The final/proposed design would include increasing the height of the existing stack from 130 feet above the quarry floor to 160 feet above the quarry floor. • 4 , • i Internal Circulation Areas: Internal loading and circulation patterns and site access are not proposed to change from the previous approvals. j) Ordinance Requirements: There should be adequate room on-site for employee parking and internal circulation of truck traffic. This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual (Sec. 63.600 et. seq.); and, WHEREAS, the Planning Department also reviewed the application using the provisions of R.C.O. §61.146. Section 61.146 states that a development permit authorizing a conditional use must be approved unless one or more of the eight stated findings can be made with respect to the proposed development. The Planning Department concluded none of the eight findings could be made as to this proposed development; and, WHEREAS, the Planning Department recommended approval of the proposed amendment to the Final Plan subject to the satisfaction of the following conditions: 1. Import of materials for processing shall be limited only to that necessary for the hot mix asphalt facility. 2. This use will be subject to meetingthe Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual (Section 63.600, et. Seq.,) including the standard applying to odor in the M-1 and M- 2 districts. 3. No temporary use permit may be issued without Council's approval. 4. This permit shall expire five years after the Council's approval. The applicant must go through a Type III, Phase II process in order to renew the permit; and, WHEREAS, on December 13, 2006, the Rochester Planning and Zoning Commission held a public hearing on this restricted development preliminary plan, reviewed the application according to the requirements of Section 62.708, adopted the Planning Department staffs recommended findings of fact, and recommended approval of the application; and, WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on January 3, 2007, continued the hearing to January 17, 2007, and extended the permit then in effect until the 17t'; and, • 5 rI WHEREAS, the Common Council held a public hearing on the restricted development conditional use permit on January 17, 2007, and permitted all interested persons to be heard; and, WHEREAS, at the January 17t' public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda (a copy of which is attached and incorporated herein); and, WHEREAS, based upon a preponderance of the evidence submitted at the January 17t' public hearing, the Common Council adopts as its own the Planning Commission's recommended findings of fact and conditions of approval; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the January 17t' public hearing, the Common Council determines that the Applicant satisfied the criteria of Sections 61.146 and 62.708 subject to the four conditions recommended by the Planning Commission with the amendment of condition #4 by deleting "five years" and inserting in lieu thereof"one year," and the addition of the following fifth condition of approval: 5. Monitoring will be required 24 hours a day, seven days a week during one month prior to startup of plant operation and during any month the plant is in operation. The monitoring device for fumes must be placed according to MPCA recommendations. • NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the amendment to Type III, Phase II, Restricted Development Conditional Use Permit #05-06, requested by Rochester Sand & Gravel Division of Mathy Construction is in all things approved subject to the above five conditions. BE IT FURTHER RESOLVED that the Common Council waives the final plan review for this project. • 6 • PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS / -t OF r2l/G 2007. I ESIDENT OF SAID COMMON COUNCIL ATTEST: /G , ..�� 1 CfWtLERK APPROVED THIS DAY OF , 2007. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone05%RestDevPermitAmd07.0506 • • 7 REQUEST FOR COUNCIL ACTION MEETING DATE: 1-17-07 SECTION: ORIGINATING DEPT: ITEM NO. CONTINUED - PUBLIC HEARINGS PLANNING '1GENDA EM DESCRIPTION: Type III, Phase I) Amendment to Conditional Use Permit#05- PREPARED BY: 06 by Rochester Sand and Gravel, a Division of Mathy Construction. The Mitzi A. Baker, applicant is requesting renewal of the conditional use permit #05-06 to operate Senior Planner a hot mix asphalt plant on property located east of TH 63 and south of 60th St. within the former Quarve quarry pit. January 10,2007 At the January 3, 2007 City Council meeting, the Council approved extending the permit to January 17, 2007(it would have expired on January 9, 2007), and continued the public hearing to the same as requested by the applicant. City Planning and Zoninq Commission Recommendation: On December 13, 2006 the City Planning and Zoning Commission held a public hearing to consider Restricted Development#05-06. Mr. Ohly moved to recommend approval to amend and renew Restricted Development Permit#05-06, by Rochester Sand and Gravel and Mathy Construction with the staff- recommended findings and conditions. Mr. McGuine seconded the motion. The motion carried 7-0, with Ms. Rivas abstaining. 1. Import of materials for processing is limited only to that necessary for the hot mix asphalt facility. Z This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual(Sec. 63.600 et. seq.)including the standard applying to odor in the M-1 and M-2 districts. 3. No temporary use permit may be issued without Council approval. 4. This permit shall expire five(5)years after the Council's approval. The applicant must go through a Type Ill, Phase H process in order to renew the permit. Waiver of Final Plan Review. The applicant has requested that the City Council waive the Final Plan Review phase for this application, in accordance with Section 62.712 of the Rochester Zoning Ordinance and Land Development Manual (see attached). Staff does recommend in favor of waiving the Final Plan Review for this project. COUNCIL ACTION: Motion by: Second by: to: Page 2 RCA January 10,2007 I • Council Action Needed: 1. if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolutio]UPon approving, approving with conditions, or denying the Conditional Use Permit request basethe criteria included in the staff report. 2. The applicant has requested that the City Council waive the Final Plan Review phase application. Staff does recommend in favor of waiving the Final Plan Review for this projec I� i Distribution: 1. City Administrator 2. City Attorney: Legal Description Attached 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 pm in the Council/Board Chambers at the Government Center on Wednesday January 17,2007. Excerpt from the Rochester Zoning Ordinance and Land Development Manual: 62.712 Modifications: The Council may waive the need to satisfy certain approval criteria during the Type III review if it finds: 1) The applicant has demonstrated that the plan as submitted adequately compensates for failing to address the criterion in question. 2) The strict application of any provision would result in exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, provided the modification may be granted without substantial detriment to the public good and without substantially impairing the purposes of this ordinance or the policies of the Land Use Plan. _ n . . __....... _. EC-A-M S • From: Baker Mitzi Sent:Thursday, December 14, 2006 9:27 AM To: 'Zoeller.Anissa@mayo.edu' Subject: concerns Anissa: I'm writing in response to the comments you sent to the Planning Department in regard to the Hot Mix Asphalt facility located east of TH 63 south, south of Quarve Road. Your comments will be provided to the Rochester City Council,who will consider this item on January 17, 2007. If you are interested in more information,you can view the full staff report through the following link: http://www.co.olmsted.mn.us/links/docs/CPZC/20061213 CZPCmtq/20061213 cup0506.pdf Mitzi A. Baker Senior Planner Monday- Thursday Phone: 507-287-1696 FAX.- 507-287-2275 • • ----Original Message---- From: Wheeler Phil Sent: Thursday, December 14, 2006 8:58 AM To: Livingston Ron; Baker Mitzi Subject: Re: Dec 13 meeting-important I didn't open this until today. It should go to Mitzi. - Phil ----- Original Message ----- From: Planning Web To: Wheeler Phil Sent: Tue Dec 12 11:10:25 2006 Subject: FW: Dec 13 meeting-important Should this go to you? Ron L From: Zoeller, Anissa C. [mailto:Zoeller.Anissa(a)mayo.edul Sent: Tuesday, December 12, 2006 10:33 AM • To: Planning Web Subject: Dec 13 meeting-important Importance: High Please pass this on to the committee. I was informed about the meeting that is to be held Dec 13 in regards to the Tar burning plant located off of HWY 63 South Rochester. I live in NW Stewartville and drive to Rochester Mon-Fri to work and back. Several times I have noticed a very bad odor coming from that plant. It is hard for me to believe that this is ok for anyone to have to smell. We have a 11 month old daughter who has to attend a home daycare right across the road from there in the newer housing development. My husband and I are very leery of her being outside to play. Also, we have family who live in that neighborhood that we visit and our kids play outside there often. Why is this being allowed to be so close to residential housing? Now I hear the plant wants a 5 year permit? That is crazy. I am not sure why this is being allowed. Another issue is all these trucks pulling out on the hwy from the plant. Some days naturally are busier then others, but that is a dangerous area to be pulling in and out of especially in the early morning when it is still dark and during the busy rush hour of traffic going back home from working in Rochester. My biggest concern however is that rotten smell. I sure hope this permit isn't allowed, money or no money to make for Rochester, think about the kids and everyone else. Anissa Zoeller Stewartville MN • 533-6272 CUESTER. IN Fs F ROCHESTER-OLMSTED PLANNING DEPARTMENT .R°••••••• • •".?• N 2122 Campus Drive SE,Suite 100•Rochester, MN 55904-4744 `�; •.:o� COUNTY OF •7. P 9 www.olmstedcoun}��com/ lannin ��• CO•• �AGRA TED•AUGUST•5'�� TO: City Planning &Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: December 5, 2006 RE: Type III, Phase II Amendment to Conditional Use Permit#05-06 by Rochester Sand and Gravel, a Division of Mathy Construction. The applicant is requesting renewal of the conditional use permit#05-06 to operate a hot mix asphalt plant on property located east of TH 63 and south of 601h St. within the former Quarve quarry pit. Planning Department Review Applicant: Rochester Sand&Gravel, Div. Of Mathy Construction Co. 4105 E. River Road NE • Rochester, MN. 55906 Property Location: South of 60th St. S. and east of T.H:63 S. The property address is 5850 Highway 63 South, Rochester, MN 55904. Zoning: The property is zoned R-1 (Mixed Single Family Residential). Attachments: LDM Excerpts Referral Comments Narrative Report(abbreviated version) BACKGROUND: April 2003:the City Council approved a Restricted Development Conditional Use Permit(#03-04)for a hot mix asphalt facility/bituminous plant on this property. The application was approved to operate for two seasons, and the permit expired January 31, 2005. The applicant had the opportunity to seek an extension of the 2003 permit, but did not take action to do so prior to its expiration. The Council's action to approve this use for only two seasons was to provide the opportunity to gather facts as to how the hot mix asphalt facility operation impacts the adjacent property owners. ^ February 2005: the applicant filed a request for a new Restricted Development Permit for the Hot Mix Asphalt Plant, to replace the 2003-04 permit which had expired. In April 2005,the City Council approved the new permit for one year.This permit is#05-06. November 2005: Mathy applied to renew#05-06 with amendments to the HMA Plant and equipment and requested approval for one additional year. On January 9,2006 the Council approved this request with four • conditions;with the permit expiring one year from the new approval date. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 —,ti.a,.,., PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 I ,K� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 12/05/06 2 • October 2006: Mathy filed an application to amend the existing Restricted Development Permit#05-06. Included with the application materials is a letter from Pat Peterson dated October 25, 2006 detailing environmental improvements made to the HMA processing plan and including a request to extend the permit for a minimum of five (5)years. The applicant is also requesting the City Council waive the Final Plan Review phase for the Restricted Development Permit. OVERVIEW OF USE/PROPOSAL: The hot mix asphalt(HMA) plant is located and proposed on property located east of TH 63 S, west of St. Bridget Road/CR 20 and south of 6e St. SE. The Quarry property extends over several jurisdictions, including the City of Rochester, High Forest Township and Rochester Township. The HMA plant site is in the City of Rochester and therefore subject to the Rochester Zoning Ordinance and Land Development Manual. Access to this property is primarily from the north TH 63 quarry access. This access utilizes the existing frontage road access which is across from the 601h St. SW access on TH 63. The frontage road also has a south access. Secondary access to the property is from the east side of the quarry, at St. Bridget Road/CR 20. There should be no impact to residential roadways as a result of this application. Following the 2003 approval for a HMA plant at this location,the applicant paved both accesses. A layout of the HMA plant is included in the attached materials. Detailed explanation of the plan, equipment, regulatory controls and monitoring were previously provided and are available upon request. The plant is currently set-up and operational at this site. The HMA plant operation includes the following: • Addition of traffic from this site could be approximately 10+trucks/hour; • Proposed hours of operation are 5:30 a.m.to 9:00 p.m. Monday—Friday, and 5:30 a.m.to 6:00 p.m. Saturday, as needed; • Import of materials originating off-site, as needed for producing and processing the bituminous; • Three full-time employees for the operation of the HMA plant; • Main components of the plant are the drum-dryer, silo, baghouse,tanks (liquid asphalt cement, burner fuel and diesel fuel) and control house. In 2004 the applicant replaced the original"Parallel- flow"asphalt plant with a"Double Drum"asphalt plant to make use of a different technology. • Paved spill containment barrier to be installed beneath tanks to prevent contact between the product and the ground. • An extended baghouse stack to 130 feet above the quarry floor(completed in 2005) • Installation of a charcoal filter system ("Demister")to capture the hot vapors escaping from the asphalt cement and burner fuel tanks. This demister system operates 24 hours per day to capture tank vapors exiting the tanks as they breathe. Captured vapors are processed in a charcoal filter system (completed in 2005). The November 2005 application included the following additional improvements: • Extend the 130-foot stack another 30 feet to a total of 160 feet from the quarry floor. The applicant anticipates this would reduce emissions by an additional 39 percent. • Provide top of silo containment and ductwork with a separate baghouse system to capture the fugitive air from the slat conveyor and top of silos as it is carried from the mixing drum to the storage silo. • Provide load-out containment and ductwork with a separate baghouse system to capture the fugitive air from the truck load-out area, as provided in thQ Eau Claire HMA facility,to capture the air as the truck is being loaded. • Prior to the start-up in the spring of 2006, a truck load out containment system was added. Please note that the Planning Department is not aware of any Conditional Use Permits issued by the City or • County for operation of the current quarry. The quarry was established many years ago and is considered a grandfathered use. The proposal to establish a HMA plant at the site is a separate use of the property,which is being proposed through the Restricted Development Conditional Use Permit process. 12/05/06 3 EXPLANATION OF APPLICATION AND REVIEW PROCEDURE: • The Restricted Development allows certain mixtures of land uses which are not allowed within a given zoning district on a permitted or conditional basis and which can, if regulated, serve both the public interest and allow a more equitable balancing of private interests than that'achieved by strict adherence to standard zoning regulations.The regulations of this article recognize and provide encouragement for innovation and experimentation in the development of land that would otherwise not be possible under the zoning district regulations established by this ordinance. CRITERIA&ANALYSIS: The January 2005 City Council approval of this Conditional Use Permit specified that the applicant must go through a complete review process (public hearings) in order to renew the permit. The amendment approved at that time had been processed as an amendment to an approved Restricted Development Permit,which was subject to the Type III, Phase III hearing process which required only a review with the Planning Commission and a public hearing with the City Council. There were objections raised to that process, since it did not include a public hearing at the Planning Commission; thus not allowing for public testimony at the Commission meeting. The Council responded by requiring any further amendments to the permit to follow the Type III, Phase II hearing process which requires a public hearing with both the Planning Commission and City Council. Sections 62.706 and 62.708 (1) of the Zoning Ordinance set forth the standards upon which a Restricted Development Preliminary Plan is to be evaluated. The Council shall approve a preliminary plan if it finds that the development has addressed and satisfied all of the applicable criteria, or that a practical solution consistent with the public interest can be incorporated into the final plan. Please see the attached excerpt from the Rochester Zoning Ordinance and Land Development Manual for the applicable criteria. Below are the findings previously made by the City Council in approving the HMA facility,with minor • modifications to reflect modifications made to the plant: Preliminary Development Plan Criteria: a) Capacity of Public Facilities: The proposed hot mix asphalt(HMA) facility will not result in a need for sanitary sewer or water facilities on-site. Electrical power needed for the facility is available. Olmsted County Public Works will require the applicant to construct a right-turn and by-pass lane on St. Bridget Road/CR 20. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: The HMA site is proposed to be located on the existing quarry floor. There are no unique natural features on the property that have been identified. d) Residential Traffic Report: Access to this property will be primarily from the north TH 63 quarry access. This access utilizes the existing frontage road access which is across from the 60fh St. SW access on TH 63. The frontage road also has a south access. Secondary access to the property would be from the east side of the Quarry, at St. Bridget Road/CR 20. There should be no impact to residential roadways as a result of this application. Following the 2003 approval of a CUP for an HMA plant at this location, the applicant paved both accesses. e) Traffic Generation Impact: Olmsted County Public Works required the applicant to construct a right- turn and by-pass lane on St.Bridget Road/CR 20. At this time, no other road authority has indicated a concern that anticipated traffic would cause the capacity of the adjacent streets to be exceeded. Mn/DOT's referral finds the traffic impact acceptable. • 12/05/06 4 0 Height Impacts: This site does offer some unique opportunities for buffering and screening. The height • of the quarry wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 entrance (across from the 61P St. intersection with TH 63)and Machinery Hill. Due to topography and design of the quarry it appears the HMA site would be most visible from the east(i.e. east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA'site is the extended bag-house stack, which is proposed to be approximately 160 feet above the quarry floor. Approximately the upper 60'would be visible from the west. g) Setbacks: The HMA plant site is approximately 800 to 900 feet from the west property boundary. Setbacks from the north, west and south property boundaries would be more than %mile. h) Internal Site Design: A layout of the proposed HMA plant is included in the application materials. From the HMA site, access will be available either to the east to St. Bridget Road/CR 20 or to the TH 63 accesses to the Quarry. The primary access is planned to be the north TH 63 access, which is located at the intersection of TH 63 and the 6LP St. SW and east Frontage Road. i) Screening and Buffering: This site does offer some unique opportunities for buffering and screening. The height of the quarry wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 entrance(across from the 60"'St. intersection with TH 63)and Machinery Hill. Due to topography and design of the quarry it appears the HMA site would be most visible from the east(i.e. east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA site is the extended bag-house stack, which is proposed to be approximately 160 feet above the quarry floor. Approximately the upper 60'would be visible from the west. • D Ordinance Requirements: There should be adequate room on-site for employee parking and Internal circulation of truck traffic. This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual(Sec. 63.600 et. seq.). k) General Compatibility: The site is separated from adjacent residential uses to the west by the quarry wall and the right of way of TH 63,so that the nearest house is roughly 1,400 feet away. The bag-house was increased in height in order increase dispersion of emissions and thereby to reduce the effects of the HMA to surrounding neighbors. Approximately the upper 60'would be visible from the west. This applicant is again proposing to use an odor mask in the mix to neutralize and minimize odor from the plant. Additionally, this use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual(Sec. 63.600 et. seq.). It has been the experience of the Rochester-Olmsted Planning Department that existing hot mix asphalt facilities in the County have not generated a history of complaints related to noise, odor or dust. During the operation of the previous CUP, there were complaints from neighbors to the west about odors and emissions from the HMA plant, however. 1) Final Development Plan Criteria: a) Public Facility Design: The proposed hot mix asphalt(HMA)facility will not result in a need for sanitary sewer or water facilities on-site. Electrical power needed for the facility is available. Olmsted County Public Works will require the applicant to construct a right-turn and by-pass lane on St. Bridget Road/CR 20. b) Geologic Hazard: There are no known geologic hazards on the property. • c) Access Effect: Access to this property will be primarily from the north TH 63 quarry access. This access utilizes the existing frontage road access which is across from the 6dh St. SW access on TH 63. 12/05/06 5 L The frontage road also has a south access. Secondary access to the property would be from the east side of the Quarry, at St. Bridget Road/CR 20. There should be no impact to residential roadways as a result of this application. Following the 2003 approval of a CUP for an HMA plant at this location, the • applicant paved both accesses. d) Pedestrian Circulation: Pedestrian facilities and pedestrian circulation should not be impacted by this proposal. e) Foundation and Site Plantings: This plant is not a permanent structure and the HMA site sits on the floor of the quarry below grade and out of view from most of the surrounding area (except for silos and stack). Foundation plantings would not be needed nor reasonable considering the use and visibility of plantings that would be located near the equipment site. f) Site Status: This criterion is not applicable to this project. g) Screening and Bufferyards: This site offers unique opportunities for buffering and screening. The height of the quarry wall directly west of the proposed site is approximately 100 feet. To the north of the HMA site, the quarry wall drops to approximately 70 feet. Additionally, an existing row of mature evergreen trees exists along a portion of the west property boundary, between the north TH 63 entrance (across from the 600 St. intersection with TH 63)and Machinery Hill. Due to topography and design of the quarry it appears the HMA site would be most visible from the east(i.e. east of St. Bridget Road/CR 20). From the west, the visible portion of the HMA site is the extended bag-house stack, which is approximately 160 feet above the quany floor. Approximately the upper 60'would be visible from the west. h) Final Building Design: The finaUproposed design approved in 2005 increased the height of the existing stack from 130 feet above the quarry floor, to 160 feet above the quarry floor. i) Internal Circulation Areas: Internal loading and circulation patterns and site access are not proposed to change from the previous approvals. • j) Ordinance Requirements: There should be adequate room on-site for employee parking and internal circulation of truck traffic. This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual(Sec. 63.600 et. seq.). In addition, this application is subject to the criteria for all conditional use permits, as identified in Section 61.146. As identified in 61.146,the zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the findings with respect to the proposed development is made as identified in 61.146. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains,water or similar public facilities. 3) The provision for on-site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. • 12/05/Q6 6 ' 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the • development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site,for emergency vehicles. 7) In cases where a Phase I plan has been approved,there is a substantial change in the Phase If site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. STAFF RECOMMENDATION: This permit was approved by the City Council in April 2005 subject to the conditions listed below. If the Commission and Council support permitting additional modifications of the Plant to further reduce off site impacts,then the permit should be approved, subject to these same conditions. Staff has reviewed this request in accordance with the applicable standards and provisions, as included in this report. If the Commission and City Council wishes to approve this application,staff would recommend approval be subject to the following conditions or modifications: 1. Import of materials for processing be limited only to that necessary for the hot mix asphalt facility. 2. This use will be subject to meeting the Industrial Performance Standards of the Rochester Zoning Ordinance and Land Development Manual(Sec. 63.600 et. seq.)including the standard applying to odor in the M-1 and M-2 districts. 3. No temporary use permit may be Issued without Council approval. 4. This permit shall expire five(5)years after the Council's approval. The applicant must go through a Type III, Phase l/process in order to renew the permit. Waiver of Final Plan Review. The applicant has requested that the City Council waive the Final Plan Review phase for this application. Staff does recommend in favor of waiving the Final Plan Review for this project. Note: The applicant is responsible for securing permits or approvals required by any other regulatory agency prior to operating the HMA plant as proposed. • STANDARDS FOR EVALUATING THIS PROPOSAL: Multiple standards apply to evaluating this application. The following sections of the LDM apply to the review of this application: 61.145 Matters Under Consideration: The review of a conditional use is necessary to insure that it will not be of detriment to and is designed to be compatible with land uses and the area surrounding its location; and that it is consistent with the objectives and purposes of this ordinance and the comprehensive plan. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 9) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 10) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains,water or similar public facilities. 11) The provision for on-site buff eryards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 12) The site plan fails to provide for the soil erosion and drainage problems that may be • created by the development. 13) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 14) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site,for emergency vehicles. 15) In cases where a Phase I plan has been approved,there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph.. 16) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: In considering an application for a development permit to allow a Conditional Use,the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. • •12/05/06 • 8 • RESTRICTED DEVELOPMENT: 62.706 Standards for Approval, Preliminary Development Plan: The Council shall approve a preliminary development plan if it finds that the development has addressed and satisfied all the criteria listed in Paragraph 62.708(1), or that a practical solution consistent with the public interest can be incorporated into the final development plan, or a modification for unmet criteria has been granted as provided for in Paragraph 62.712. 62.707 Standards for Approval, Final Development Plan: The Council shall grant final approval to a Type III Restricted Development if it finds that, in addition to satisfying the Preliminary Development Plan Standards for Approval listed in the preceding paragraph,the development has satisfied all the applicable criteria listed in Paragraph 62.708(2) or a i modification for any unmet criteria has been granted as provided for in Paragraph 62.712. 62.708 Criteria for Type III Developments: In determining whether to approve, deny, or approve with conditions an application,the Commission and Council shall be guided by the following criteria: 2) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: The existing or future planned utilities in the area are adequate to serve the proposed development. b) Geologic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes,sinkholes,floodplain, etc., have been identified and the development of these areas has been taken into account or will be addressed in the Phase II plans. c) Natural Features: For developments involving new construction, the arrangement of buildings, paved areas and open space has,to the extent practical, utilized the existing topography and existing desirable vegetation of the site. d) Residential Traffic Impact: When located in a residential area, the proposed development: 1) Will not cause traffic volumes to exceed planned capacities on local residential streets; 2) Will not generate frequent truck traffic on local residential streets; 3) Will not create additional traffic during evening and nighttime hours on local residential streets; e) Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. f) Height Impacts: For developments involving new construction,the heights and placement of proposed structures are compatible with the surrounding development. Factors to consider include: • 1) Will the structure block sunlight from reaching adjacent properties during a majority of the day for over four(4) months out of the year; 12./05/06 2) Will siting of the structure substantially block vistas from the primary exposures • of adjacent residential dwellings created due to differences in elevation. g) Setbacks: For developments involving new construction, proposed setbacks are related to building height and bulk in a manner consistent with that required for permitted uses in the underlying zoning district. h) Internal Site Design: For developments involving new construction,the preliminary site layout indicates adequate building separation and desirable orientation of the buildings to open spaces, street frontages or other focal points. i) Screening and Buffering: The conceptual screening and bufferyards proposed I' are adequate to protect the privacy of residents in the development or surrounding residential areas from the impact of interior traffic circulation and parking areas, utility areas such as refuse storage, noise or glare exceeding permissible standards, potential safety hazards, unwanted pedestrian/bicycle access, or to subdue differences in architecture and bulk between adjacent land uses. j) Ordinance Requirements: The proposed development includes adequate amounts of off-street parking and loading areas and, in the case of new construction,there is adequate landscaped area to meet ordinance requirements. k) General Compatibility: The relationship of the actual appearance, general density and overall site design of the proposed development should be compared to the established pattern of zoning,the character of the surrounding neighborhood and the existing land forms of the area to determine the general compatibility of the development with its surroundings. 3) Final Development Plan Criteria: a) Public Facility Design: The design of private and public utility facilities meet the requirements and specifications which the applicable utility has adopted. b) Geologic Hazard: Engineering means to deal with areas of geologic hazard have been incorporated into the development plan or such areas have been set aside from development. c) Access Effect: Ingress and egress points have been designed and located so as to: 1) Provide adequate separation from existing street intersections and adjacent private driveways so that traffic circulation problems in public right-of-ways are minimized; 2) Not adversely impact adjacent residential properties with factors such as noise from accelerating or idling vehicles or the glare of headlights from vehicles entering or leaving the site. In addition,where the preliminary development plan identified potential problems in the operation of access points, plans for private improvements or evidence of planned public improvements which will alleviate the problems have been provided. d) Pedestrian Circulation: The plan includes elements to assure that pedestrians • can move safely both within the site and across the site between properties and -12/05/06 10 • activities within the a neighborhood ar ea,ea, and, where appropriate, accommodations for transit access are provided. e) Foundation and Site Plantings: A landscape plan for the site has been prepared which indicates the finished site will be consistent with the landscape character of the surrounding area. f) Site Status: Adequate measures have been taken to insure the future maintenance and ownership pattern of the project, including common areas,the completion of any platting activities, and the provision of adequate assurance to guarantee the installation of required public improvements, screening and landscaping. I g) Screening and Bufferyards: The final screening and bufferyard design contains earth forms,structures and plant materials which are adequate to satisfy the needs identified in Phase I for the project. h) Final Building Design: The final building design is consistent with the principles identified in preliminary development plan relative to Height Impact, Setbacks, and Internal Site Design. i) Internal Circulation Areas: Plans for off-street parking and loading areas and circulation aisles to serve these areas meet ordinance requirements in terms of design. • j) Ordinance Requirements: The proposed development is consistent with the requirements of the underlying zoning district for similar uses in regards to signage and other appearance controls, and with general standards such as traffic visibility and emergency access. 62.712 Modifications: The Council may waive the need to satisfy certain approval criteria during the Type III review if it finds: 1) The applicant has demonstrated that the plan as submitted adequately compensates for failing to address the criterion in question. 2) The strict application of any provision would result in exceptional practical difficulties to, or exceptional and undue hardship upon,the owner of such property, provided the modification may be granted without substantial detriment to the public good and without substantially impairing the purposes of this ordinance or the policies of the Land Use Plan. • PUBLIC WORKS DEPARTMENT � COUNTY OF 2122 CAMPUS DR SE- SUITE 200 • � ROCHESTER MN 55904-4744 www.olmstedpublicworks.com 507.285.8231 November 9, 2006 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Type III, Phase II Amendment to Conditional Use Permit#05-06 by Rochester Sand and Gravel and has the following comments: • • Olmsted County Public Works Department recommends renewal of this conditional use permit This plant location provides relief to the loads and number of trucks on CSAH 22 (37u' St NIA between T.H. 52 and T.H. 63. Sincerely, Michael Sheehan County Engineer MTS/ss T:\PWDATA\ENGINDOC\Planning Zoning Letters\PLANZONE.DOC AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Administration Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks&Agriculture Solid Waste Page 1 of 2 • Foster Stephanie From: Peter Rich Sent: Thursday, November 09,2006 11:41 AM To: Foster Stephanie Cc: Lee Terry;Wheeler Phil Subject: Mathy Construction Hot Asphalt Plant 'Referral CUP#05-06-AMENDMENT Stephanie- This is in response to the invitation to comment on Type III, Phase II Amendment to Conditional Use Permit#05- 06 by Rochester Sand and Gravel, a Division of Mathy Construction. The applicant is requesting renewal of the conditional use permit#05-06 to operate a hot mix asphalt plant on property located east of TH 63 and south of 60th St.within the former Quarve quarry pit. It is my understanding that hot asphalt plant facilities can be associated with the release of air pollutants and nuisance odors from several parts of the operation, such as the following: a) systems used to load asphalt ingredients into the batch plants, b) systems used to load trucks, c) asphalt placed in trucks, d) residue clinging to emptied trucks, loaders, and equipment; e) spills of ingredients or product, and f) stack emissions. In this particular case,these parts of the facility and the truck route are located in a valley and quarry bottom.The • plant emissions stack was reportedly extended in the past year to a height slightly above the immediate surrounding terrain. The facility and/or truck routes are located within 500 yards of several homes on the hilly terrain -west and south. There also are some businesses located further NW in the valley and on the hill to the south. In the past year or more, a resident near that quarry has called me about three times reporting that they find emissions from the facility operations to periodically be so noticeable that they cannot use their yard or have their windows open. They also report that members of their household are being treated for respiratory illness and they find their conditions are aggravated by odors from the asphalt plant operations. Our local Public Health office is not assigned responsibilities, resources, or training for monitoring such facilities or ambient air quality.When contacted, I advised the complainant to report their concerns and observations to the local Planning Department and MPCA which have permitting and/or monitoring responsibilities. I also advised them to report to the State Duty Officer, if they could not reach anyone at these offices. Thanks Rich Peter,Director of Environmental Health Olmsted County Public Health 2100 Campus Drive SE Rochester MN,55904 507-285-8335, FAX 287-1492 From: Foster Stephanie Sent: Monday, October 30, 2006 3:01 PM To: Lee Terry; Peter Rich • Subject: Please review 'Referral CUP#05-06-AMENDMENT Comments must be submitted to our office by December I, 2006. If you would like to send your comments via email,please email them to planning.referrals@ co.olmsted.mn.us. 11/9/2006 Conways Subdivision ED ^ m o C O Mathy �� Mathy Construch n Construction W h 37.5 Ac nso I Mathy p Construction —1200 $ 160 Ac `sue b e Q P oorRommQ Section 35 �� s` a Towmor FotevSection a ._S O 00 g ' Gerald Twohey 1 CI L ' M 153.86 o Mathy Co truction y a 8 Construction 159. Ac 1166 o O0 „ a 1180 ra _ HMA Plant ci orRode Tows o(High Faeu '+ Center CC.2, TIOSN-R W Retention Pond r A-e ll inmy Mathy aa'r: ti_y Construction 'y`',.- tat• LEGEND Mathy Construction is TopF phi.dm obtaimd tram USCS 7.5 Min Committed to Protecting Our • Quad Mapa Environment and Natural Resources "•-� rn� Cmtow lnterv."lO Far I e reti �r Seetim2,TI05N-RI4W a+v roEs mxtoiw ® High k,st Township �`•... - �1� wt[vYm.n:taraw ® qm,I d Cowry,Mim. �a�.1m sacs — ". . 0 oti,�iox mnaw 'A1 LIVED It Vor nEwlori OUMnrr Olt T 1K 63 Quarry Milestone Materials cc �1 7LEGE +r^^Qn) xgN y t4-4 o oQuarry Face O T.ak Lmd- GnNmura ® [11051pN apna0.aFnut $110 y+,� Quarry Face Elevation auAv.r a rn rAa 1230.25 Control House Drum Demister C0 w naA nao r.cs Quarry Floor Elevation 1148.41 Bins $ig ouse Erosion Control Sand Tanks Berms `jC, �. ,aAna na.awccnoa Screen p RAP C Topghic du tr er a 01li-d am usos T.5 tin Bin I rop Quarry �� Quad Maps Stack Scale `r0 Cmb—to—Iste Fed Extension S-d-2.TIG5N-R14W HMA Plant Higher st T.—hip Olm�ud Couuty,Mirmesou City of Rochester 0 50 100 150 '200 Town of High Forest Feet l nt er Sec. Methy Construction is T 10 -R 14 W Committed Protecting Our Environment andd Natural Resources i Retention Pond, } Q South 63 Quarry AOCtMSTER SAND A GRAVEL pku m \i .• J - wo A.a.r�,� WMf.eb RN0 Luro] ' HMA site Lavout ochest or, ' ucxw� ,,,,�, �c ravel 4105 East River Road NE Phone 507-2138-74 �< Rochester,MN 55906-3424 Fax 507-252-34 �rOctober 25, 2006 Rochester—Olmsted Planning Department Attn: Mrs. Mitzi Baker 2122 Campus Drive, SE, Suite 100 Rochester,MN 55904 RECEIVED Re: Renewal Application to CUP 05-06 OCT 2 6 2006 ' 5850 Highway 63 South, Rochester ROCHESTER-OLMSTED F' INNING DEPARTMENT Dear Mrs. Baker, Rochester Sand& Gravel, a Division of Mathy Construction Company, is applying for a renewal of our CUP 405-06 currently in place to operate a hot mix asphalt plant in the City of Rochester,High Forest Township,in Olmsted County. The Criteria for Type III Development, as outlined in our letter dated October 25, 2006, shall remain the same. (See Attachment# 1 for a copy of the letter.) In this renewal request,we will not change the basic traffic flow, site layout and drainage, plant layout, or plant capacity. Please reference the application manual for an overview • of the facility and any additional information in regards to the HMA plant with our MPCA permits and Spill Prevention Plan,which are not changing due to this extension Proposal. Since we have started operating under the current 2005 CUP# 05-06, we have voluntarily made the following environmental improvements to the Hot Mix Asphalt (HMA)processing plant: • As proposed in the Amendment of our CUP#05-06,the baghouse stack was extended to 160 feet above the quarry floor prior to our spring of 2006 start- up. (see Figure#6 in the application manual for an illustration of the 160 foot stack.) • In June of 2005, a charcoal filter system was installed(a"Demister", manufactured by Ceco Corporation)to capture the hot vapors escaping from the asphalt cement and burner fuel tanks. (See Figure# 7 in the application manual for an illustration of the installed charcoal filter system.) This demister system operates 24 hours per day capturing tank vapors exiting the tanks as they breathe. Captured vapors are processed in a charcoal filter system. • In July of 2006, a tanker vapor capture device, which is connected to the above referenced charcoal filter system,was installed. This device captures and controls the vapors from the truck tankers as they unload into the on-site • AC storage tanks,thus eliminating the immediate release of these vapors into the air during the unloading process. (See Figure#8 in the application manual for an illustration of the installed charcoal filter system). 2 An Equal Opportunity Employer s y• _ _ n Mrs.Mitzi Baker October 25,2006 • Page 2 • Also prior to our start-up in the spring of 2006,the truck load-out containment system and the top-of-silo emissions capture system were installed, as proposed in an Amendment to CUP#05-06. The truck load-out system, as illustrated in Figure#9 of the application manual, is enclosed along the sides and a system of multiple vents draws the vapors as the truck is loaded and exits the silo "tunnel". These vapors are drawn into an independent baghouse where the air is filtered prior to release. The top-of-silo emissions capture system, as illustrated in Figures#10&,411, draws the vapors from the upper side of the silos and the transfer conveyors. These vapors are pulled into the aforementioned baghouse system as well as back to the mixing drum process where,ultimately,the air is recycled through the HMA production facility. The addition of these controls has met our expectations in controlling the vapors exiting the HMA production and load-out facilities. As we move forward,we continue to work with the neighbors, addressing their concerns. We have focused on improvements of the baghouse stack dispersal, as well as capturing fugitive emissions from our Silo Truck Load-out and at the top of Silos,where mix is • transferred from the HMA drum to the storage and distribution silos. We propose that the current CUP#05-06 be renewed for a minimum of five(5)years. By adding the controls listed above,our plant has engineering controls on all possible aspects of this facility,providing control standards far exceeding HMA plants operating in the Midwest. We are respectfully submitting a request that the Rochester City Council waive the final plan review. Please find a check for the filing fee in the amount of$1,350.00, made payable to Olmsted County,ten(10)copies of the application documents,ten(10) full size copies of the site plans, and ten(10) sets of reduced size copies of the site plans. If you have any questions,you may contact me at(507)288-7447 or via e-mail at DD eter math .com. Re ct ly Pat eterson Vice President • Rochester Sand&Gravel ATTACHMENTS 3 ochester' D`i' ,00,r,ucxw� Vf avel 4105 East River Road NE Phone 507-288-74 Rochester, MN 55906-3424 Fax 507-252-34 19 ATTACHMENT #1 October 25,2006 Rochester—Olmsted Planning Department 2122 Campus Drive SE , Suite 100 Rochester,MN 55904 1 i RE: Type III,Phase II Development Application Criteria for Tyne III Development IA) Capacity for Public Facilities: Existing line-power of capacity capable of handling energy needs exists on site. No water or sewer utilities are required for the HMA operation. 1B) Geologic Hazards: No geological hazards exist on the site, using stable quarry floor as foundation for HMA plant. • 1 C) Natural Features: The HMA plant has been constructed in an existing quarry,which will predominantly screen and shelter the operation from surrounding neighbors. Also a vegetative berm extends along the northwest site of the quarry to aid as a visual and sound barrier. ID) Residential Traffic Impact: Traffic for the HMA plant operation will use State Highway 63 as the primary road. Access to State Highway 63 is by frontage road located on the east side of State Highway 63. This frontage road is used by three other businesses located on the south end of the frontage road. There is a second access point to State Highway 63 at the south end of the frontage road. The volume of traffic generated by the HMA operation will have no effect of the business that shares access to the frontage road. 1E Traffic Generation Impact: Traffic generated by the HMA operations is estimated to be about 10+/-trucks per hour of operation,on average. This traffic already exists,having been shifted from the St.Bridgets Road operation prior to 2003 to this location since May of 2003. This volume of trucks should have no adverse impact on the capacity of State Highway 63. An Equal Opportunity Employer 1 �• - n • Criteria for Tyne III Development (page 2) IF) Height Impacts: Placement of HMA plant will be within an existing limestone quarry with highwalls of 70 to 100 feet. The HMA plant will be predominantly screened from view by these quarry highwalls from the West,with the exception of the 160 foot extended baghouse stack. I 1 G) Setbacks: No setbacks are required at this site. 111) Internal Site Design: HMA plant layout is explained in more detail in Section 2 of submitted application booklet. 11) Screening and Buffering: Locating a HMA plant inside the limestone quarry creates a natural • screening and buffering environment. The quarry highwall and vegetative berms screen the operation from view and also an effective noise buffer for the HMA operation. The majority of residences of the area are located on the west side of State Highway 63 and screened from view by these quarry highwalls and vegetative berms. 1 J) Ordinance Requirements: All employee parking is located on site. We will not exceed the maximum noise levels-provided for in the Ordinance. 1K) General Compatibility: Surrounding businesses are industrial in nature. There is an active limestone quarry at the HMA site. Sic ly, T Pat Peterson. Vice President,Rochester Sand&Gravel • TO: City of Rochester Planning Commission RECEIN'ED OCT 2 5 2005 .,TER I NRE.F'ERENCE TO: P'�hw NG�ErART'v!ctiT II , Rochester.Sand & Gravel's Plant 53 acatio Conditional Use Permit ln R p'J 4 f ♦T 1 k. �kf Yam`'„ A$�t'?�•p } • a \ y� t t � o f y .d5< 5.44•S Y 3 ITM wti•, Fix� �,�-`t�y��;: '�,��"�� `�•s••.w i�-� n h�� r n n � d �• � • iU 2 r<- �ih `+" '�.. :mk"^4,,`t+•':Y, ` .� if� y, b k ,, M+j w4� '� `^�1 t„ktW UB 'Rochester Sand& Gravel Division of Mathy Construction Company 4105 East River Road NE Rochester, MN 55906 DATE: October 25,2006 • TABLE OF CONTENTS SECTION PAGE SECTION 1.0 INTRODUCTION...................................................................................1 1.1 Purpose .........................................................................................................1 1.2 Location and Legal Description........ .........................................................1 1.3 Site Characteristics and Present Land Use.....................................................5 SECTION 2.0 HMA PLANT DEVELOPMENT PLAN.................................................8 2.1 Purpose..........................................................................................................8 2.2 Hot Mix Asphalt Plant...................................................................................8 2.3 Emission Controls on the HMA plant...........................................................10 2.3.1 Double Drum—Dryer Technology.................................................10 2.3.2 Baghouse Stack Extension(s)..........................................................11 2.3.3 Tank Vapor Capture System(Demister).........................................I I • 2.3.4 Truck Load-out Enclosure..............................................................12 2.3.5 Silo and Slat Conveyor Emissions Capture System.......................13 2.4 HMA Plant Access ........................................................................................14 2.5 Operation Activity.........................................................................................14 SECTION 3.0 ENVIRONMENTAL CONSIDERATIONS...........................................16 3.1 Air Quality.....................................................................................................16 3.2 Erosion Control.................:............................................................................16 3.3 Ground Water................................................................................................17 3.4 Surface Water................................................................................................17 3.5 Spill Prevention Plan.....................................................................................18 3.6 Sound....................................................... ...........18 3.7 Waste Disposal and Recycling.......................................................................18 SECTION 4.0 RECLAMATION CONSIDERATIONS.................................................19 4.1 Reclamation Sequence................. ......................•.........................................19 Drawing 1 Existing Conditions Map 6 Drawing 2 HMA Site Layout 9 • TABLE OF CONTENTS (Continued) LIST OF APPENDICES Appendix A Air Quality Permit and Compliance Report Appendix B Storm Water Pollution Prevention Plan Appendix C SPCC Plan(Spill 11 Prevention Control and Countermeasure) • • Page 1 g SECTION 1.0 INTRODUCTION 1.1 Purpose { This application for a Conditional Use Permit for TYPE III, PHASE II (RESTRICTED DEVELOPMENT PRELEMNARY PLAN)from the City of Rochester Planning Commission is submitted by Rochester Sand & Gravel, a division of Mathy Construction Company. This application describes plans for the operation of a Hot Mix Asphalt plant (HMA) on property currently owned by Mathy Construction Company. Rochester Sand & Gravel is the holder for all permits and responsible for all HMA Plant • operations on the site, with a company address of- Operator Rochester Sand&Gravel Division of Mathy Construction Company 4105 East River Road NE Rochester,MN 55906 Contact:Pat Peterson (507)288-7447 Owners Mathy Construction Company 920 10'h Ave.North -- Onalaska,WI 54650 (608)783-6411 1.2 Location and Legal Description Mathy Construction purchased the South 63 Quarry property on April 30,2004 from • the Lloyd Quarve Estate. Mathy Construction previously held a long-term lease on this property. The property contains 220.45 acres. South 63 Quarry is located adjacent to the east Page 2 • side of State Highway 63 approximately one and one-half(1 1/2)miles north ofthe'unctio� n of County Highway 16 and State Highway 63,south of the City of Rochester,Refer to Figure 41, Site Location map. The property is located within the City of Rochester and Townships of High Forest and Rochester, Olmsted County,Minnesota. 17 �t^ � �T' L ,J� ^t�t,3 i I��hr � -*_ymly-Ti r' t•''1"�---�� U _ +\k L y'� i�t It+, vj�` -^t I /' r' r�,^ ` tw `.,`.-' - 1 ;a ,x� ," _ cw f >\ F 1 r I t •ter �,\ .;; r.. f t v,\ F`��"'3�'` •� r x :.' ..,•„•_ � I r/ f l` � 4'^� ��l` K\},j��, -.r� j' t �r•� : �i �4 .I f„t I.ff _ .�,.� l�,rJ.�� `•` k r rSl 4rj-, : t -•' r ��. \ i-r�..,i f�`' !t '� ��.'� \� at%t'_,�t�,,,I�� — •J,), W >:. � �, .c� ,r i t r � it/•� ,. i,. j ,F'1,�I1 t r � .�•. rr i.(-}.-•:: •� L-''�1.t j / ri,� • j Az l tP i�''' � / � _ `••� ...ems"-. -71 I 1 r y E: S �� f—"x.t'4'•l / F \T GcS, �•• � r��-�-�� - /� h •;. � o yt3. �- Elf t r. a - �ei,t�' � .`^�,`C• ��„.,`�; Lq`�'„Eri� w � . x•'-. i K.r''j� `•1' ��1l.1_..r✓` ,'�„ �y Its � �'a II': I}, I \, � .� L fF ", -.�^h (1 r� Y� J-``_ I+� t ` t _•'��'_ JINJ �i'• k+ q �t_ 4 �t , - t •M •i +{ f,r,f .. I .. 't+'.r(•:r.,r+...w '+. :� 7. i `(. ` INN ,.i •L` J�rx' °\,j ••O``i. ,r .f ..• yam._ qi s :a,' '.h_'"i `--= vim` r.+''.ir4 'k 1� '•. ` w '. 'i 3 v L �� ,alb 1Q�"E'�-t16 'Cy�`•tis •"f q t,.) f"i T,'1^`.�' ' i tSs+!,' + `;k`r ;, �� .• ! ',1: , �f!7> se` ^,-"- r.' --•..:'~_ ,..sic t...,.� "�-�•��-' `�' - ',\;\ 8•. J 'S� �1Q�{?.. �i .f ....—ti_a__+,.�'�i'S I�_ �. 2+��_a t �raaSi �`'•` t\*j lti•H ire. '-1•�`` � t'e- - %� )� i � \�r "`..y� �-'-,�.:y (- ,!j� .. ' moo: GY:. Figure#1,Site Location Map The South 63 Quarry lies within the boundaries of City of Rochester, Town of High Forest and Town of Rochester. The site of the proposed HMA plant is located within the limits of the City of Rochester. Figure No. 2 (Municipalities Map) shows the location of the HMA site in relation to the various municipalities. • — � - - - -- - - - _ - = .._. . . . . . . . . _ • Page 3 � I d 1 O / O / G I / Figure#2,Municipalities Map The City of Rochester is shown in yellow shading and the Towns of High Forest and Rochester are shown with diagonal line shading. The HMA site is zoned R-1 (Mixed Single Family District). Property located within Town of High Forest are zoned A-1 Agriculture Protection District. Refer to Figure # 3, Zoning Map for the zoning status of the property. Page 4 • t ......-'.u7 i L r oc • � y� ester '' r � SE: 1 f ST w II II '' ... _ LLL__;_ �/ . . . N� , . Olmsted 2CouLntly ] j NIA PIffin t ` Y�i` Al "�- _�/� -. h.C. 0��7 J'i' i ! „ - J t.' LF I I i • i p� 2 7 li�ski 'I.YY q p a,. iity ltyl 4 i Figure#3 Zoning Map The legal description of the property where the HMA site is proposed includes the following: All that part of the NE 1/4 of the NW 114 of Section 2,Township 105 North,Range 14 West, Town of High Forest,lying Easterly of Highway.63 less that part platted as replat of Lot 2,Machinery Hill Subdivision. The NW 1/4 of the NE 1/4 of said Section 2 less that part platted as replat of Lot 2,Machinery Hills Subdivision. Also,the NE 1/4 of the NE 1/4 and the South One-half of the NE 1/4 of said Section 2 less that part platted as replat of Lot 2,Machinery Hills Subdivision. Located in section 2, Township 105 North, Range 17 West, Town of High Forest, Olmsted County,Minnesota(see figure#4,plat map). • V AA P age 5 awck U �e 14s%C: �L� t111' C; D CliffordBE Monsrud Marl yn CONWAY,: W etux � Kasfil,er 14 a............................- -- .... ....: I. :.:. t ::::::::::::::::::-::::: .... �..........Cans(Mctlon.................... ........... ....................a�.. .. .... .�... 1 :- . . :: trMGerald • - - . :-:�:-:�:::.�.� ( �~ �vahey Agnes Theel L, oristi�ieliori : �.`151 15 7 Q • L ew 16 10� ' Walter Delmar - Roeder j Geri E Griffen e`ux 56 e fj� l efial ? - Figure#4 Plat Map 1.3 Site Characteristics and Present Land Use The site characteristics and present land use of the South 63 Quarry and surrounding areas are shown on Drawing 41, Existing Conditions Map. Shown on the map are trees and forested areas, roads, landowners, neighboring residences, outbuildings and the existing topography with both two-foot and 10-foot contour intervals. The west one-third of the two hundred twenty(220)acre property is an existing non- metallic mining operation. The remaining portion consists of cropland and recreational areas. NTo cultural features exist on the property. A waterway meanders between the existing quarry operations and the recreational area. All storm water runoff is contained within the quarry. • The closest navigable stream or river is Willow Creek, which is located about two and one- half(2 1/2)miles northwest of the site. ;1 1 Conway's Subdivision "3 �I I. II , ;i • a I o � a Mathy NO"Mathy � o Construct) n Construction 11so 37.5 Ac jl t ;I ' ■ Mathy Construction II .,h-1200 /s 160 Ac F I I Section 35 I� ° TY.m Yr Foes Section O O II � O A 7 � 1 Gerald 1 ' Twohey ?) ° Mathy \ Ma 153.86°!E Construction Co ction n 159. Ac 160 \6 N � O It itr. is HMA Plant 2 1 elNYrrtYehene 't TYw.fMgh Fowl A Center ec.2, t TID5N-R W 4 Retentive Pond ' a � hinery t Mathy II 1 u>. Construction n � Q 1 n i t I Mathy Costruction isI i tYl�re wa lade — — n1s1Ye.,..,alYn Tpgrephic data obtained aom USGS 73 Min Comm itted ton Protecting Ola 4 la enao sae 'W Environment and Natural Resources a —:� aroysneill 1 COMow Intervals la Feel Section 3,T105N-R14W / �l...� aml arlaw rnl High fol st Towlnhip one,a, ��ava Olmsted Count),Mmnesoa ij tulllool ® .' r Saa.3 sor nnouu l -'- oa Iaap.Lacooaa - 60 Qua, 1 Milestone Materials -' i• '��' Aeilh IInY.01 f Page 7 The land surrounding the HMA operation is primarily used for agricultural purposes, aggregate mining, industrial use and residential acreage. Refer to Drawing#1, Existing Conditions Map. The nearest residence is approximately 1400 feet away from the proposed HMA site. The owners of the adjacent properties are shown on Figure#4 (Plat Map) and Drawing No. 1(Existing Conditions Map). i • n • Page 8 SECTION 2.0 HMA PLANT DEVELOPMENT PLAN 2.1 Purpose 1 Operating the HMA plant at this site addresses the need for present and future HMA product demand in the Olrnsted County area. In 2003,the HMA plant was relocated to this site because of the depletion of the reserves of the former HMA site. The South 63 quarry contains an abundant long term source of quality aggregate materials. 2.2 Hot Mix AsphaIt Plant The layout of the HMA plant is depicted in Drawing No. 2 (Proposed Plant Site Layout).The main components of the plant are the double • P drum-dryer,storage silos,baghouse, exhaust stack,tanks and control house.The production of HMA begins with the introduction of cold aggregates into the double dryer-drum for heating and mixing.When the aggregate and asphalt cement are thoroughly mixed, the HMA product is conveyed to the silos where it is stored until it is loaded into trucks to be delivered to the project site. The combustion gases (air) from the in process are drying p routed via ductwork to the baghouse.The baghouse filters the airstream as it passes through the filter media.Baghouses are typically fitted with over a thousand filter elements to ensure adequate removal of particulate matter. Once the air is filtered through the baghouse,the clean air and steam(water vapor) exit the baghouse exhaust stack into the atmosphere. The on-site tanks contain liquid asphalt cement,burner fuel and diesel fuel. The liq uid asphalt cement is a raw material used for hot mix asphalt.The burner fuel powers the burner used to dry the aggregate in the drum. Diesel fuel is used to fuel the on-site loader and • M1 1 •I It � 1 , 1 I d y I W /�� wio.eou..mnraw G t{.� © on�me,mnaw Quarry Face o o h p I , nwn]rr.a„nar 1 k .! Exlmve!SiN 16 Tr.d Ludes] C.q.n S]]t♦n � W'!(J'711 EncNa.. � IIQ.C•Q ; I y ® onion.anno,.o..e ] I Quarry Face Elevation { 1 b Silos 'I v9w9 a r.a 'I 1230.25 Control House Drum Demister @�0 Quarry Floor Elevation f 4' 1148.41 Bins ag ouse �. it t Erosion Control b pmnx a]nen SanYs.ck Tanks Berms 7. Scr RAP CtBin ua es� � M.P.Pnicd.n.lmincdIhoMUSGS7.sMio Scalle to r.a Extension 0� Ili (160'Total) •S.d.n2.TI05N-RI4W ' HMA Plant High rb2+l T.,mshiy Glmgnd Coumy,Mi]nnwl. 1 I 7 1 A City of Rochester Town of High Forest 50 Feeee ISU 210 ii ry �•t• t nter Sec. 2 . Mathy Construction is T 10 -R 14W Env Committed to Protecting Our's'r' >•`.^'r'`' Environment and Natural Resources Retention Pond South 63 Quarry i RGCF¢SIER SAND A GRAVEL 99 1., t �j __ ----- --__- _r-_�_ __v-_ -___...:---�._.__.- r-�.•r - -_.-_-�. _-M_�_---. rrs-- _ �_ .ram HMA Site Layout 'b LII.O] Dr.win•N9x i Pag e 10 • equipment. The control house contains all the computerized controls used to operate the IB4A plant. An operator monitors the controls during the operation mode to ensure proper operation of the plant and it's components. The quality control laboratory is used to ensure the asphalt mixes produced are made to specification and meet the highest industry standard for quality. 2.3• Emission Controls on the HIVIA plant A number of emission controls ha ve been added voluntarily to the HMA plant since 2003. The controls include a double drum-dryer, baghouse stack extensions, tank vapor capture system (demister), truck load-out enclosure and a top of silo and slat conveyor emissions capture system. The added controls and their functions are detailed below. • 2.3.1 Double Drum-Dryer Technology In the spring of 2004,a replacement asphalt plant with a double drum-dryer technology was purchased specifically for this location to replace the existing asphalt plant with the traditional parallel flow drum. The advantage of the e double drum- dryer over a traditional dryer is the division $ of the aggregate drying and mixing' � .. processes.The inner drum houses the burner flame with the primary purpose of drying the aggregate and increasing the aggregate _ n temperature. The outer or "double" drum • _ 17 Figure 5—Double Drum-Dryer r. I.. • Page 11 receives the heated,dried aggregate from the inner drum and introduces the hot liquid asphalt and recycled asphalt,if necessary,for the mixing process.The purpose of the outer drum is to eliminate direct contact between the burner flame and hot liquid asphalt and/or recycled asphalt,thus reducing emissions. 1 2.3.2 Baghouse StackExtension(s) In the spring of 2005,the first of two extensions to the baghouse stack was installed to increase dispersion of emissions exiting the stack. The first extension brought the total y;,'fY flyxt-rdt of hX`ary-'" ts' '4"5yy .,dfi1+, ° '"� T` e height to one hundred and thirty feet (130') .+ r F from the original baghouse stack height of r . thirty—seven feet(37'). To further increase the emission dispersion, an additional thirty feet(30')was added prior to the 2006 season for a total stack height of one hundred sixty Figure 6—Stack Extension(160 feet total) feet(160'). 2.3.3 Wank Vapor Capture System (Demister) In the spring of 2005,the tank vapor capture system 7 8- was upgraded from tank vapor condensers or precipitators Y y gh r to a demister system. (This prototype system was created r' M,i= " 1 zU by CECO Corporation specifically for this application) The demister uses a charcoal filter system to process the 4 " tank emissions. A negative pressure system extracts the • tank vapors from the vents on top of the tanks to the Figure 7—Demister System Page 12 • charcoal filters. The demister system operates 24 hours per day capturing tank vapors exiting the tanks as they breathe and,when necessary, during tank filling events. In July of 2006, an additional vapor capturing component was added to the demister system to capture working losses from the tanker truck as asphalt cement isa unloaded into the storage tanks on site. ThecL vent hood subjects the tanker vapors to a negative pressure and draws the vapors into the charcoal filter system for processing. Fig ure 8—Tanker Vapor Capture Device 2.3.4 Truck Load-out Enclosure In the spring of 2006.a truck load-out enclosure was constructed around the silo load-out area. The { purpose of the load-out enclosure is to capture the = fugitive emissions created by loading the hot mix �s asphalt into the truck from the storage silos. The load- out system is enclosed along the sides and a system of A 4' f l5 s 4 i multiple vents draws in the vapors as the truck is U# ° loaded and exits the load-out "tunnel". These vapors are drawn into an independent baghouse where the air p «, y is filtered prior to release. Figure 9-Truck Load-out Enclosure • Pag e 13 2.3.S Silo and Slat Conveyor Emissions Capture System In the spring of 2006, a top of silo capture system was added to the storage silos on site. Hot mix asphalt storage silos vent fugitive emissions from vapors created by hot mix asphalt stored in the storage silo. By enclosing the vent on top of the silos,the fugitive gases exiting the silos can be vented via negative pressure into a baghouse for processing. 0-4 i � ..�L� tea: - - �.. J--r r ✓ � x , J } Figure 10—Silo Emissions Capture System Figure 11—Vapor Extraction Device At the same time the additional baghouse was added for the silo emissions, a vapor extraction device (shown in red on Figure 11) was added to the slat conveyor to capture the vapors emitted by the hot mix asphalt as it travels to the top of the storage silos from the mixing drum. The vapor extraction device-recycles the air flow back into the combustion process of the drum for reuse. Page 14 • 2.4 EUgA Plant Access Access to the HMA site will be the same as the existing access into the quarry. The primary haul route from the HMA site will be via paved private drive to a City of Rochester street,then north about 300'to State Highway 63. Traffic would then go north or south on State Highway 63 depending on the location of the current project. Secondary access to the HMA plant site is via a paved private drive to County Road 20, otherwise known as St. Brid gets Road. Traffic from the HMA site is estimated to be about 10 +/- trucks per hour. This number will vary,depending on the production demands. Traffic counts on State Highway 63 are 21,100 vehicles per day in both directions. The addition of 10+/-truck per hour should not exceed planned capacities of the infrastructure. i Established traffic patterns at the HMA site are paved and developed for the facility to allow truck traffic to move safely to and from the HMA plant site. Locked gates are located at all driveways to deny unauthorized vehicles entry to the property during non-operation hours. 2.5 Operation Activity The Hot Mix Asphalt construction season,due to seasonal weather,is generally limited to the spring,summer and fall. The hours of operation are dependent on the length of daylight, air temperature and demand for the HMA product. It is possible that night operations may be required,as more municipal and commercial contracts are requiring night paving to reduce the inconvenience of road construction to the driving public and to minimize loss to businesses during daytime construction. The typical hours of operation, however are 5:30 a.m. to 9:00 p.m. Monday through Friday and 5:30 a.m. to 6:00 p.m. on Saturday, as needed. • • Page g 15 The number of employees needed for the operation of the asphalt plant is three (3) experienced and trained full-time employees. Engineers, supervisors,mechanics,laboratory technicians and maintenance personal may be present at the site as needed. • Page 16 SECTION 3.0 ENVIRONMENTAL CONSIDERATIONS 3.1 Air Quality The Minnesota Pollution Control Agency regulates the HMA plant operations P P and requires the plant to have an air quality permit (see Appendix A). A computer simulated dispersion modeling of emissions from HMA operations have shown compliance with the National Ambient Air Quality Standards (NAAQS) applicable to the HMA industry. The plant operates in compliance with the permit,and it's operator is required to keep daily records to show ongoing compliance with the permit. Some of the emission control and inspection parameters listed in the company plan and permits include baghouse stack-testing of particulate emissions,periodic burner tune-ups to ensure optimum fuel burning efficiency and emissions, seasonal opacity testing and daily inspections on the lant es •p pecially the emission control equipment. . 3.2 Erosion Control Inspections are performed and documented by the plant foreman to ensure that operating conditions meet the requirements of the erosion control plan. Erosion control practices are addressed in Best Management Practices Plan(Appendix B)which serves as the standard for erosion control of soils. Erosion control nets or mats, mulching, filter fabric barriers, straw bale barriers and other erosion control devices will be used as needed to minimize soil loss during bean construction and other soil disturbance activities. These erosion control devices will be installed according to the methods and procedures described Best Management Practices Plan. Page 17 3.3 Ground Water The lubrication, fueling, and repair practices used to maintain the equipment are designed to eliminate petroleum products from ground contact. The Storm Water Pollution Prevention Plan and the Spill Prevention Control and Countermeasures(SPCC)plan address I practices for proper storage,handling,and use ofpetroleum products,as well as inspection and response procedures(Appendix B). Any fuel for mobile equipment that may be stored on-site will be stored in an aboveground tank with secondary containment. The pollution prevention practices addressed in site management planning minimize the opportunity for infiltrating water to carry contaminants to groundwater. Plant foremen perform site inspections throughout the operating period. Observations and conditions are • reported daily for all applicable environmental programs. 3.4 Surface Water The Minnesota Pollution Control Agency's Storm Water Runoff Control program regulates the proposed HMA operation. The company has an existing storm water plan (Appendix B) for HMA operations that employs Best Management Practices (BMP's) for pollution prevention. The management practices listed in the plan addresses both petroleum product handling and erosion control, including the on-property containment of storm water runoff for suspended solids control. Rain that falls in the HMA plant site will be contained with berms and positive drainage and be directed to on-site containment areas. When and where necessary to prevent surface runoff from leaving the HMA plant site, temporary small, earthen berms will be constructed to direct surface water flow to the on-site containment area. • Page 18 • 3.5 Spill Prevention Plan The Minnesota Pollution Control Agency's (Storm Water Pollution Prevention Plan) and the US EPA Spill Prevention Control and Countermeasures (SPCC) plans address practices for facilities that operate around water and handle petroleum products(Appendix Q. li These plans address the proper storage, handling, and use of petroleum products, as well as inspection and response procedures. 3.6 Sound Sound reduction is achieved by the installation of sound buffers, plant location and modern technology and controls. This site has incorporated each of the above listed sound reduction methods to reduce the sound associated with hot mix asphalt production. The most . effective sound buffer is the use of the topography of the site and vegetation. Trees,plants and earthen berms can absorb a large part of the sound generally associated with an EMA plant operation. 3.7 Waste Disposal and Recycling Solid wastes generated in the course of production will be disposed of in dumpsters provided by licensed haulers. Regular disposal intervals will be maintained to provide adequate availability. There will be no hazardous waste produced in conjunction with the EMA operations. Used oil and lubricants from equipment maintenance will be collected for recycling by a licensed used-oil contractor. The waste receptacles will be located away from active mining operations. Sanitary facilities at the site will include a portable chemical toilet. Page 19 SECTION 4.0 RECLAMATION CONSIDERATIONS 4.1 Reclamation Sequence I Reclamation will begin with the removal of the HMA plant from the site. Containment barriers that were constructed for the IIlVIA plant will be removed and recycled. Any erosion control structure not useable for the limestone excavation operations shall be removed. The final site use shall revert back to the original use of stockpile area for the limestone extraction operation. s • APPENDIX A Air Quality Permit and Compliance Report i ,•�ntL6 DD p.Q,•• I f10cQ.Y } AIR EMISSION PERMIT NO. 10901020 - 002 'OPTION D' REGISTRATION PERMIT FORA HOT MIX ASPHALT FACILITY According to Minnesota Statutes Chapter 115 and 116, Minnesota Rules Chapters 7001 and 7007, and 40 CFR part 52, subp. Y: Mathy Construction Co PO Box 189 Onalaska, WI 546500189 (hereinafter Permittee) is issued an Air Emission Registration Permit by the Minnesota Pollution Control Agency for its Rochester Sand &Gravel -Plant 53 facility located at: 4105 River Rd E Rochester, Olmsted County, Minnesota. The permit authorizes modification, construction, reconstruction, and operation of the stationary source under the conditions set forth below. Issue Date: 05-13-2004 Expiration: Pursuant to Minn. Rules pt. 7007.1050, subp. 3a, the permit shall be considered not to expire until a new permit is issued. Compliance Requirements: The Permittee shall comply with Minn. Rules pts. 7007.1110 (Registration Permit General Requirements) and 7007.1130(Option D Requirements) and all applicable requirements. f • for Sheryl Corrigan Commissioner Minnesota Pollution Control Agency �I • Comprehensive . Emissions Test Report . Mathy Construction-Plant No.53 1. Baghouse Stack Rochester, Minnesota Particulate and Opacity Compliance Testing 1 Test Date: Jut 19-2 y 0, 2004 Report Date: August 16, 2004 Prepared for. Mr. Gail Jensen Mathy Construction Company 608-783-6411 Processes Tested: Prepared by: Asphalt Plant Pace Analytical Services, Inc. Field Services Division Locations Monitored: 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Baghouse Stack (612) 607-1700 Pace Project No. 0408-063 Pace Analytical Page 1 of 20 t Table of Contents Report Cover 1 Table of Contents 2 � Executive Summary 3 Introduction Results Summary 45 Summary Tables 6 Table 1 Results Summary 7 Detail Tables 8 l Table 2 Particulate Detail 9 Table 3 Orsat and Moisture Detail 10 Table 4-6 Airflow Detail 11 Table 7 Opacity Evaluation 14 Process Description 16 Test Procedures 16 - — Figure 1 Test Location Schematic 19 Signatures 20 Appendix A Field Data Sheets and Documentation AA Appendix B Quantitation and Laboratory Reports B-1 Appendix C Calculation Equations C-1 Appendix D Quality Assurance Information D-1 Appendix E Source/Process/Plant Information E-1 Appendix F Test Protocol and Pretest Correspondence F-1 i Pace Analytical Page 2 of 20 Executive Summary Mathy Construction Company contracted Pace Analytical Services, Inc. to perform particulate and opacity emissions compliance testingon Math Construction y Plant No.53 located near Rochester, Minnesota. Testing was performed on August 24, 2004. Summary results are highlighted in the following table: Test Results Summary i' Parameter Run 1 Run 2 Run 3 Average Volumetric Airflow ACFM 46,700 42,900 40,300 43,300 DSCFM 22,600 21,200 19,800 21,200 . Particulate Concentration } GR/DSCF, Dry Catch 0.009 0.010 0.009 0.009 • GRIDSCF, Total Catch 0.018 0.019 0.018 0.018 I i Particulate Emission Rate, LB/HR 3.4 3.4 3.1 3.3 � I Pace Analytical Page 3 of 20 t� Introduction Pace Analytical Services, Inc. personnel conducted particulate and opacity emissions compliance testing on the Math Construction Plant N Y o.53 located near Rochester, Minnesota. Chris Norman, Mike Walter and Jen Ritter performed on-site testing activities. Terry Borgerding provided administrative project management. Gail Jensen and Dennis Golberg with Mathy Construction Company coordinated plant activities ' during testing. Mathy Construction Company prepared a test protocol -that was submitted to the Wisconsin DNR-Air Compliance and Minnesota Pollution Control Agency prior to testing. On-site activities consisted of the following measurements: - Particulate, three independent one-hour samplings. - Opacity, three independent one-hour observations. - Orsat gas composition, integrated gas samples collected concurrent with above. - Volumetric airflow, measurements collected in conjunction with isokinetic testing. The project objectives were to quantify particulate emission constituents and compare them to applicable air emissions regulations stipulated by WDNR and the facility permit. These measurements were performed at 100% of thermodynamic plant capacity. Quality protocols should comply with all regulatory compliance testing requirements. Subsequent sections summarize the test results and provide descriptions of the process and test methods. Supporting information and raw data are in the appendices. f Pace Analytical Page 4 of 20 Results Summary Results of particulate determinations are summarized in Table 1. The particulate emission rate averaged 5.7 LB/HR at an average concentration of 0.029 GR/DSCF. Results of opacity evaluation can be found in Table 5. Most of the opacity observations were 0 percent with a few readings of 5 percent. The one-hour average was 0.3% with a high six-minute average of 1.3%. Subsequent tables provide expanded detail of the f testing results. The sample filter was broken during sample recovery of Run 3. The run was repeated. IThree complete one-hour test runs were performed. The data in this report are indicative of emission characteristics- of the measured sources for process conditions at the time of the test. Representations to other sources • and test conditions are beyond the scope of this report. Pace Analytical Page 5 of 20 R _Summary Tables I Pace Analytical Page 6 of 20 Mathy Construction-Plant 53 Table 1 + Rochester,Minnesota Particulate Summary `i Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack • TEST 1 Parameter Run 1 .Run 2 Run 3 Average Date of Run 8/24/2004 8/24/2004 8/24/2004 Time of Run 712-900 1010-1150 1231-1343 Total Material to al Throughput(TPH) 292 292 289 291 Dryer Temp. (OF) 279 271 272 274 Volumetric Flow Rate ACFM 46,700 42,900 40,300 43,300 DSCFM 22,600 21,200 19,800 21,200 Gas Temperature (OF) 257 250 254 254 Gas Moisture Content(%v/v) 31.4 30.6 30.8 30.9 I Gas Composition (%v/v,Dry) CO2 7.0 7.3 7.3 7.2 • 02 11.8 11.2 11.5 11.5 N2 81.2 81.5 81.2 81.3 j Isokinetic Variation (%) 101.4 100.4 100.E Particulate Emission Rate (LB/HR) 3.4 3.4 3.1 3.3 Particulate Concentration GRIDSCF, Dry Catch Only 0.009 0.010 0.009 0.009 GR/DSCF,Total Catch 0.018 0.019 0.018 0.018 Report Date:9/20/04 • Pace Analytical Page 7 of 20 Detail Tables i1 I Pace Analytical Page 8 of 20 Mathy Construction-Plant 53 Table 2 Rochester,Minnesota Particulate Details . Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack TEST 1 Parameter Run 1 Run 2 Run 3 Date of Run 8/24/2004 8/24/2004 8/24/2004 Time of Run 712-900 1010-1150 1231-1343 Sample Duration (Min.) 60.0 60.0 60.0 Average Flue Gas Temperature (*F) 257.1 249.8 254.2 Moisture Content of Flue Gas (%v/v) 31.43 30.64 30.75 Particulate arts ate Collected (Mg)* Wet Catch 22.2 20.8 22.6 Dry Catch 25.7 26.5 20.2 Total 47.9 47.3 42.8 Volumetric Flow Rate ACFM 46,710 42,860 40,340 f SUM 33,000 30,590 28,610 • DSCFM 22,630 21,210 19,810 I Sample Volume (Cubic Feet) Meter Conditions 44.27 41.64 39.00 Dry Standard 42.11 39.10 36.57 Isokinetic Variation (%) 101.4 100.4 100.E Particulate Concentration* Wet Catch, GR/DSCF 0.0081 0.0082 0.0095 Dry Catch, GR/DSCF 0.009 0.010 0.009 Total, GR/DSCF 0.018 0.019 0.018 Particulate Emission Rate* Wet Catch, LB/HR 1.58 1.49 1.62 Dry Catch, LB/HR 1.83 1.90 1.45 Total, LB/HR 3.40 3.39 3.07 •Dry Catch plus inorganic and organic wet catch(EPA 202). Wet Catch-%Inorganic:%Organic> 84%:16% 890/0:11% 85%:15% • Report Date:9/20/04 Pace Analytical Page 9 of 20 Mathy Construction-Plant 53 Table 3 Rochester,Minnesota Orsat& Moisture Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack TEST 1 Parameter Run 1 Run 2 Run 3 Date of Run 8/24/2004 8/24/2004 8/24/2004 Time of Run 712-900 1010-1150 1231-1343 ORSAT(%v/v) Dry Basis Carbon Dioxide 7.00 7.30 7.30 Oxygen 11.80 11.20 11.50 Carbon Monoxide* 1 Nitrogen 81.20 81.50 81.20 WetBasis Carbon Dioxide 4.80 5.06 5.06 Oxygen 8.09 7.77 7.96 Carbon Monoxide* * , Nitrogen 55.68 56.53 56.23 Portable Oxygen Monitor Result k Time Weighted Average (%02) 11.0 11.3 11.9 Moisture Collected (ml) 410.0 367.0 345.0 Moisture Content(%v/v) 31.43 30.64 30.75 Moisture Content if Saturated (%v/v) 239.13 210.94 227.46 Relative Humidity(% rh) 13% 15% 14% Molecular Weight of Flue Gas (Ib/lb-mole) Dry 29.59 29.62 29.63 Wet 25.95 26.06 26.05 Fo 1.300 1.329 1.288 • *Carbon monoxide was not measured,assumed concentrations less than 0.01 Pace Analytical �" "" Report Date:9/20/04 Page 10 of 20 Mathy Construction-Plant 53 Table 4 I Rochester Minnesota Opacity Evaluation Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack Test 1 Run 1 Percent Opacity Optical Density Relative Frequency 9 Y 0 r 0.000 659 5 0.022 28.14 10 0.046 49.70 15 0.071 14.97 20 0.097 ` 0.60 25 0.125 0.00 30 0.155 0.00 35 0.187 0.00 40 0.222 0.00 45 0.260 0.00 50 0.301 0.00 55 0.347 0.00 60 0.398 0_00 65 0.456 0.00 70 0.523 0.00 • 75 0.602 0.00 ` 80 0.699 0.00 i 85 0.824 0.00 90 1.000 0.00 95 1.301 0.00 99 2.000 0.00 Average> 8.7 0.040 Total> 100 Average Opacity Per Sequential Six Minute Period: High Six Minute Average: 1 g 2.5 Period Opacity Period Opacity Maximum reading: 20.0 1 8.8 6 11.6 Minumum reading: 0.0 2 8.6 7 7.7 3 7.1 8 9.6 Observer. Jeri Ritter 4 5.3 9 11.1 Date of test: 8/24/2004 5 7.1 10 10.3 Time of test: 1015-1115 NOTE: The High Six minute Average opacity is the maximum value for any consecutive 24 reading, Report Date: 9120/04 Pace Analytical . Page 11 of 20 s t Mathy Construction-Plant 53 Table 5 Rochester,Minnesota Opacity Evaluation Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack Test 1 Run 2 Percent Opacity Optical Density Relative Frequency 0 0.000 6.36 5 0.022 29.65 10 0.046 51.16 15 0.071 12.79 20 0.09.7 0.00 25 0.125 0.00 1 30 0.155 0.00 j 35 0.187 0.00 40 0.222 0.00 45 0.260 0.00 50 0.301 0.00 55 0.347 0.00 60 0.398 0.00 65 0.456 0.00 70 0.523 0.00 I 75 0.602 0.00 80 0.699 0.00 85 0.824 0.00 90 1.000 0.00 95 1.301 0.00 99 2.000 0.00 Average > 8.5 0.039 Total> 100 Average Opacity Per Sequential Six Minute Period: High Six Minute Average: 12.6 Period Opacity Period Opacity Maximum reading: 15.0. 1 9.2 6 8.1 Minumum reading: 0.0 2 10.8 7 10.8 3 10.4 8 7.7 ^ Observer Jen Ritter 4 9.0 9 7.1 Date of test: 8/24/2004 5 6.9 10 6.7 Time of test: 1115-1215 NOTE: The High Six minute Average opacity is the maximum value for any consecutive 24 reading., e d... Pace Analytical Report Date: 9/20/04 Page 12 of 20 __• J i Mathy Construction-Plant 53 Table 6 Rochester,Minnesota Opacity Evaluation • Pace Project No. 0408-063 Asphalt Plant, Baghouse Stack Test 9 Run 3 Percent Opacity Optical Density Relative Frequency 0 0.000 20.95 5 0.022 58.57 10 0.046 20.00 15 0.071 0.48 20 0.097 0.00 25 0.125 0.00 30 0.155 0.00 35 0.187 0.00 )I 40. . 0.222 0.00 J 45 0.260 0.00 50 0.301 0.00 55 0.347 0.00 60 0.398 0.00 65 0.456 0.00 • 70 0.523 0.00 75 0.602 0.00 80 0.699 0.00 85 0.824 0.00 90 1.000 0.00 j 95 1.301 0.00 99 2.000 0.00 Average > 5.0 0.022 Total> 100 Average Opacity Per Sequential Six Minute Period: High Six Minute Average: 6.9 Period Opacity Period Opacity Maximum reading: 15.0 1 5.5 6 6.4 Minumum reading: 0.0 2 3.5 7 5.5 3 5.6 8 4.5 Observer: Jen Ritter 4 5.2 9 4.7 Date of test: 8/24/2004 5 5.9 10 3.3 Time of test: 1215-1338 NOTE: The High Six minute Average opacity is the maximum value for any consecutive 24 reading., � i Pace Analytical Report Date:9/20/04 Page 13 of 20 f Mathy Construction-Plant 53 Table 7 Rochester,Minnesota Airflow Pace Project No.0408-063 Asphalt Plant, Baghouse Stack Test 1 Date of Run 8/24/2004 Time of Measurement 0700 l Number of Sampling Ports 6 Number of Points Sampled 24 Barometric Pressure (In. Hg) 28.73 Static Pressure (In. WC) -0.37 Absolute Flue Gas Pressure (In. Hg) 28.70 Average Flue Gas Temperature (F) 260 Average Moisture Content(%v/v) 25 Flue Gas Average Velocity(Feet/Second) 58.66 J Duct Dimension.(Inches) 33x49 Duct Cross-sectional Area (Square Feet) 11.23 Volumetric Flow Rat e ., ACFM 39520 SUM 27800 DSCFM 20850 / Report Date:9120/04 Pace Analytical Page 14 of 20 I r Process Description The Mathy Construction Plant No.53 is a Astec Model PDDC-840-C continuous mix plant with counterflow drums. Emissions are controlled by a Astec PBH 58:db bag house. The plant was running with 100% virgin aggregate during testing. Plant operation parameters can be found in Appendix E. �I • Pace Analytical Page 15 of 20, Test Methods EPA Method 1 specifies test location acceptability criteria and defines the minimum number of traverse points for representative sampling. Linear measurements from upstream and downstream flow disturbances and the duct equivalent diameter are compared and the distances related to number of diameters. A flow disturbance can be defined as anything that changes or upsets the direction of flow within the duct including ►'. bends, dampers, fans, shape or size transitions and open flames. Method 1 stipulates that test ports should be located at least eight diameters downstream and two diameters upstream of any flow disturbance. The minimum acceptable criteria are two diameters downstream and 0.5 diameters upstream of flow disturbances. The test location must _ . also be free of cyclonic or multidirectional flow. Once the distances have been determined, the values are used to select the minimum number of traverse points for representative sampling. Shorter distances require a greater number of traverse points. The test site configuration is shown in Figure 1 and has the following characteristics: Test Location: Baghouse Stack Dud Cross-sectional Dimension: 33"x 49" Distance From Upstream Disturbance: 230" Number of Duct Diameters: 5.6 . Distance To Downstream Disturbance: 165 " Number of Duct Diameters: 4 Cyclonic or Multidirectional Flow: no,verified Number of Traverse Points: 24 EPA Method 2 defines procedures used to measure linear velocity and volumetric flow rate of a confined gas stream. Using traverse points determined by EPA Method 1, multiple differential pressure measurements (pilot impact opening versus static pressure) are made using a pitot tube and differential pressure gauge_ The individual measurements are averaged and combined with the gas density to calculate the average gas velocity. The velocity and duct cross-sectional area are used to calculate the volumetric flow rate. The volumetric flow rate is expressed as actual cubic feet per minute (ACFM), standard cubic feet per minute(SCFM), and dry standard cubic feet per fminute (DSCFM). The technician maintains comprehensive test records on handwritten field data sheets. Details of the equipment used to measure gas velocity include: Pilot Tube: S-Type Differential Pressure Gauge: Oil Manometer Temperature Device: Type K Thermocouple Barometer Type: Electronic Digital Barometer Gas Density Determination: EPA Method 3 Gas Moisture Determination: EPA Method 4 • Pace Analytical Page 16 of 20 EPA Method 3B defines procedures to quantify carbon dioxide (CO2) and o • xy9en (O 2) concentrations from stationary combustion sources. A multi-point, integrated, gas sample is collected simultaneously with other emissions testing. Using traverse points determined from EPA Method 1, sample gases are extracted from emission stream at a constant rate. Each point is sampled for a uniform length of time over the course of a test period equal to other test constituents. A Tedlar"m, aluminized MylarTm or other inert material bag contains the collected gas sample prior to sample analyses. An Orsat gas analyzer quantifies the CO2 and 02 concentrations by measuring the changes in volume after selective chemical gas adsorption. Below are the details of the procedures for measuring gas composition: Filter Material: Glass fiber filter or equivalent Moisture removal: Condenser Bag Material: Aluminized MylarTM' Gas Analyzer. Orsat EPA Method 4 defines procedures to measure the moisture content of emissions gas streams from stationary sources. The moisture content of the gas stream is determined in conjunction with the isokinetic sampling train described below. Collected water condensate is measured from the back half of the isokinetic train. Method 4 equations convert the condensed liquid volume to a gas volume. The water vapor volume compared with the dry standard gas volume collected through the isokinetic train • determines the moisture content of the emissions gas stream and is reported in percent by volume. Probe Material: Borosilicate glass Filter Media: Quartz fiber, >99.95% efficient at 0.3 Nm Impinger Train Material: Borosilicate glass Desiccant: Drierite Condensate Measure: Graduated Cylinder Desiccant Measure: Electronic balance EPA Method 5 defines procedures to measure particulate emissions from stationary sources. Using traverse points determined from EPA Method 1 and incorporating procedures from EPA Methods 2, 3, and 4, a sample gas stream is isokinetically drawn from the emission stream. To attain isokinetic sampling, a sampling nozzle of a known diameter points directly into the oncoming gas steam. The train operator calculates and adjusts the gas sampling rate to match the gas velocity entering the nozzle with the emission stream velocity. Isokinetic sampling eliminates biases from differing particulate aerodynamic characteristics. The particulate dry fraction collects in the sampling probe and on a quartz or glass-fiber filter. The probe and filter components of the sampling train are heated to 2480F (± 250) to prevent moisture condensation and preserve sample integrity. The filtered sample gas stream passes through a series of impingers to condense water vapor and collect gaseous constituents. The first two • Pace Analytical Page 17 of 20 i impingers initially contain deionized water and a third impinger is empty. A desiccant packed drying column follows the impingers to quantitatively collect the remaining moisture. An ice bath maintains the impinger train temperature (outlet) at 680F or less. The impinger contents can be discarded or saved for additional analyses. Sample recovery and train clean up are performed after each run using procedures to ensure sample integrity and quantitative recovery. The train operator maintains comprehensive test records on handwritten field data sheets. Details of particulate testing are outlined below: Nozzle/Probe Material: Stainless steel and borosilicate glass Filter Holder Material: Borosilicate glass: Filter Media: Glass fiber, >99.95% efficient at 0.3 pm Impinger Train Material: Borosilicate glass Impinger Reagents: Deionized water Recovery Reagents: Acetone Deionized water Control Train: Gas meter, orifice, differential pressure gauges, pump, valves, temperature monitors and controllers Analytical Techniques: Gravimetric EPA Method 9 defines procedures to evaluate the opacity of the plume emitted from a source stack. An independently certified visible emissions observer visually estimates the opacity of the non-moisture plume from the source. The observer positions themselves with the sun (or other light source) at their back and perpendicular to the plume when directly facing the emission point. The observer must also ensure a clear and contrasting background behind the plume. The certified observer then estimates (based on certification trials) the percentage of the background blocked by the source plume (plume opacity) in increments of 5%. Observed opacity readings are recorded at 15-second intervals throughout the run. Tabulated results include run average and successive six-minute averages. The spreadsheet software also searches the data set for a group of 24 consecutive readings that yield the highest possible six-minute average. Details of the opacity evaluation are outlined below. Evaluation Period: One hour Observation Frequency: 15 Seconds No. of Observations: 240 No. of Six-minutes Averages: 10 Observer Certifications: Semi-annual Pace Analytical Page 18 of 20 aceAnalytica! Figure f7eld Services Dlvlsion Process ra Dia m 9 TJB 18/04 Mathy Construction-Plant No.53 Rochester, Minnesota j Baghouse Stack i 3r 165" 0 0 0 0 0 0 31 8r 000000 Six Test Ports 0 0 0 0 0 0 23_6r 0 0 0 0 0 0 15.w 0 0 0 0 0 0 LIT �I 6x4 24 Points Lj U O,OP 230" From Drum Bag house Fan i Pace Analytical Page 19 of 20 _Report Signatures CERTIFICATIONS REQUIRED FOR PERFORMANCE TEST REPORTS Form CERTI I r�O1Ns NOTE: All performance test reports must contain a Bert(cation by the responsible parties that the test results have been F reported accurately,that the field data is a true representation of the sampling procedures,and that the process data is a true ,{ indicator of the operating parameters ofthe emissions unit at the time ofthe performance test. (Ref.Mnm R 7017.2040). Performance test results will not be accepted without certification ofthe report. 1.Certification of sampling procedures by the team leader of the personnel conducting the sampling procedures: "I certify under penalty of law that the sampling procedures were performed in accordance with the approved test plan and that the data presented in this test report are,to the best of my knowledge and belief,true,accurate,and complete. All exceptions are listed and explained below." Signature: �/"'�'� / PrintedNalne re Qf Pcrson Signing: (�tirG3�+✓ Title: 1iCLo 5W-,j, ;&r+✓tci Dat-: `l 'Zl la-/ 2. Certification of analytical procedures by the person responsible for the laboratory analysis of field samples: "I certify under penalty of law that the analytical procedures were performed in accordance with the requirements of the test methods and that the data presented for use in the test report were,to the best of my-knowledge and belief, • true,accurate,and a6_AeSignatuTitle /l Date: G Iaf I � 3. Certification of test report by the senior staff person at the testing company.who is responsible foi- compiling and checking the test report: "I certify under penalty of law that this test report and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the test information submitted. Based on my inquiry of the person or persons who performed sampling and analysis relating to the performance test,the information submitted in this test report is,to the best of my knowledge and belief;true,accurate,and complete. All exceptions arc listed and explained below." Signature: Printed Name of Person . Si nin Title: Date: 2�lo� g 4. Certification of test report by owner or operator of the emission facility: "I certify under penalty of law that the information submitted in this test report accurately reflects the operating conditions at the emission facility during this performance test and describes the date and nature of all operational and maintenance activities that were performed on process and control equipment during the month prior to the performance test. Based on my inquiry of the person or persons who performed the operational and maintenance activities,the information submitted in this test report is,to the best of my knowledge and belief,true,accurate,and complete. All exceptions are listed and explained below." Signature: Printed Name of Person Signing: Title: Date Page I of 1 Pace Analytical Page 20 of 20 • APPENDIX B Storm Water Pollution Prevention Plan r . � 3 '; +r-�'� -p-+ i'°:"r� .lax` l( ."<v t•�� #� }�'�''e�� -�.��,+F.(5. .a,.x. i= ''< c •��,✓t` ..k�. �t�1 � r 1 f „fie..<1 -. qs x. .3ps� a b��,i Y; "�^"F"''; ... Jx.;c. •q• �� v e +�-> �w• `1".w �cs �.a-.�"�r�" �•F.V�A'y.iAsf'_. ff°h 7y yi�""rt t�� `•'f�"�1.5 ' +�...� a .�9 �Y'�'ys�'`��3. �A � i x, �dv'r'�'-A•x�r�'7 s�..&�'�rel�'t*�.."�.�; �+ �f5 x X°r'�":.�,»° lip Table of Contents STORM WATER PLAN CONTENTS 1.0 Introduction 1.1 Purpose of the Storm Water Pollution Prevention Plan 1.2 Pollution Prevention Team 2.0 Site Conditions 2.1 Facility Description 2.2 Facility Potential Pollutants 2.3 Storm Water Exposure Potential 3.0 Best Management Practices 3.1 Education 3.2 Good Housekeeping Practices 3.3 Significant Material Handling and Storage 3.4 Repair and Maintenance Procedures 3.5 Construction of Containment 3.6 Erosion Control Prevention 3.7 Use of Available Resources 3.8 Selection of Plant Site 3.9 Outside Vehicle or Equipment Washing 4.0 Inspections and Monitoring 4.1 Daily Inspections 4.2 Sampling and Monitoring 4.3 Non-Storm Water Discharges 5.0 Inclusion of Other Plans by Reference 5.1 Spill Prevention Control and Countermeasures Plan(SPCC) 5.2 Malfunction and Abatement Plan 5.3 Fugitive Dust Control Plan 6.0 Certification Statement ATTACHMENTS Attachment 1 Site Map Attachment 2 Iowa Sampling Parameters Storm Water Pollution Prevention Plan Asphalt Plant Operations tg" �,rw0 ��, '.�Iltx'Qd •. iTCtloII � 3. � 1.1 Purpose of the Storm Water Pollution Prevention Plan The purpose of the Storm Water Pollution Prevention Plan(SWPPP) is to prevent contaminants from polluting waters of the State through discharge in storm water. The SWPPP establishes guidelines necessary to create an effective and functional program for pollution prevention. This will be accomplished in the following three steps: ■ Identify possible sources of contamination ■ Take actions to eliminate or reduce these sources of contamination ■ Treat or contain excessive storm water pollutants that can not be removed from the storm water. 1.2 Pollution Prevention Team The pollution prevention team is responsible for developing and implementing the SWPPP. The pollution prevention team includes the following members. ■ Plant/Area Manager is responsible for implementation of the SWPPP. Duties include facility compliance with the Best Management Practices (BMP) identified in this plan. ■ Plant Foreman is responsible for ensuring BMPs remain effective and in place via regular inspections, monitoring and recordkeeping. ■ Environmental Department is responsible for developing the plan, preparing and submitting reports, and serving as facility contact with the regulatory agencies. 2.0 Site Conditions. 2.1 Facility Description Hot mix asphalt plants,both permanent and portable, are operated in various locations throughout Wisconsin, Minnesota, Iowa and Michigan. These plants provide hot mix asphalt to government projects (Federal, State, County and Local), commercial businesses and private landowners. The hot mix asphalt is primarily used to construct roads, parking lots and driveways. l 1 1 An asphalt plant consists of aggregate bins,rotary drying and mixing drum, conveyors, storage silo(s), control house,baghouse, and petroleum product storage tanks. Additionally, a front end loader is used to charge the bins, and haul trucks are necessary for bringing aggregate to the facility and hauling hot mix asphalt away from the facility. For portable operations, diesel generators are used to provide power. Some hot mix asphalt plants are permanent and will operate in one location during the construction season, while others are portable. Most portable operations will remain in a fixed location for an average of 4 to 6 weeks,but may remain in one location for the entire construction season. Many of the portable sites are within quarries or sand and gravel pits. Most quarries and pits are internally drained and will not discharge storm water off site. The site map for permanent sites will depict the plant layout along with drainage outfalls and storm water controls. (See Attachment# 1 for Site Map.) For portable sites, the site map will be a plant layout with drainage outfalls and storm water controls varying from site to site. Best Management Practices will be adapted as appropriate at portable sites. 2.2 Facility Potential Pollutants The facility has the following potential pollutants associated with activities at the site. ■ #2 fuel oil ■ Burner Fuel (reprocessed waste oil or residual fuel) • Liquid asphalt cement ■ Lubricating Oils • Grease • Antifreeze • Aggregate Fines 2.3 Storm Water Exposure Potential 2.3.1 # 2 fuel oil • Tank failure or overfill ■ Broken or leaking fuel lines and hoses ■ Tanker failing to disconnect before exit ■ Failure of tanker drivers to monitor unloading process ■ Spills during equipment refueling 2.3.2 Burner Fuel • Tank failure or overfill ■ Hose, coupling or pump seal failure • Tanker failing to disconnect before exit ■ Failure of tanker drivers to monitor unloading process 2 2.3.3 Liquid Asphalt Cement ■ Tank failure or overfill • Hose, coupling or pump seal failure ■ Tanker failing to disconnect before exit ■ Failure of tanker drivers to monitor unloading process 2.3.4 Lubricating Oils ■ Overfilling gearboxes ■ Leaking seals on mechanical equipment ■ Engine breather pipes ■ Spills during oil changes ■ Improper storage of oil inventory 2.3.5 Grease ■ Over greasing bearings and wear surfaces ■ Improper disposal of cleaning towels 2.3.6 Antifreeze - • Leakage from damaged radiators ■ Overfill of radiator 2.3.7 Aggregate fines ■ Runoff from stockpiles not contained on site t: 7777777777 3:0 $es t an ement Practices 3.1 Education ■ The SWPPP is reviewed periodically to discuss plan content, implementation and continued compliance activities associated with the permit. Review of the SWPPP may be conducted during the annual safety meeting, weekly toolbox talks or annual environmental audits. ■ Employees are required to take an active role in pollution reduction via appropriate maintenance activities, drip pan and absorbent use, and proper handling of petroleum products. 3.2 Good Housekeeping Practices • All fuel tanks and lubricant containers shall utilize drip pans or absorbent material for nozzle storage between fueling. An alternative is to store the nozzle in an upward position so that-product cannot drip from the end of the nozzle. ■ Absorbents and drip pans are utilized to control drips and leaks. • All spills are promptly cleaned up to eliminate contact with storm water runoff. ■ Used absorbents are regularly replaced to reduce storm water exposure potential. 3.3 Significant Material Handling and Storage ■ Fuel transfers,including hose connect and disconnect from the receiving tank, will be monitored to insure that spills do not occur. • Refueling of plant equipment will be monitored to eliminate overfilling. ■ Tanks and hoses are inspected each operating day for potential problems or failures. ■ Petroleum products are secured after each operating cycle. ■ Drip pans and absorbents are utilized to control drips and leaks. • When possible, all lubricants and grease are stored inside the plant service trailer or other on-site building. 3.4 Repair and Maintenance Procedures ■ Engines and gearboxes will be inspected and serviced as needed to eliminate leaking seals, fuels lines and gaskets. Drip pans, absorbents, or other acceptable means will be utilized to contain leaks during operation until company maintenance personnel can repair the problem. ■ Plant employees are instructed in proper lubrication procedures for plant equipment. Manufacturers specifications are followed to eliminate overfill of gearboxes and-crankcases. Greasing of bearings and wear surfaces is carefully monitored to eliminate unnecessary grease contact with the ground. Overflow from bearings is collected and disposed of with contaminated absorbent material. ■ Routine engine oil changes will be done with adequate absorbent material to provide for drips and spills associated with maintenance operations. Used oil will be stored in tanks or barrels until picked up for off site disposal. 3.5 Construction of Containment ■ When a plant must be placed in an area where natural containment does not occur, the plant crew or project manager may elect to construct berms or temporary basins for collection and control of storm water. Necessity of construction will be based on slope of plant site, area drained, soil type, and proximity to receiving waters. Other influences may be considered on a site- specific basis as needed to fulfill the purpose of the plan. 4 ■ Water collected in the on site basins will be inspected by plant personnel for evidence of petroleum sheen or odor. If no evidence of contamination is apparent, the water may be released by gravity flow or by pumping_ Release of water must be done in a manner that will not induce erosion or release water with high sediment loading into receiving waters. Water collected in on site basins that shows evidence of contamination will have the sheen removed before pumping or will be pumped into disposal tanks for transport to approved disposal facilities. Company environmental manager will be notified before removal and disposition of contaminated water. Any water releases will be documented in the daily plant record. 3.6 Erosion Control Prevention ■ Bales, silt fences, rock berms and settling ponds are utilized to mitigate and eliminate erosion from potential problem areas. ■ Temporary seeding will be used to control critical area erosion, as needed, on a site specific basis. Critical areas may include stockpiled top soil and non- traffic areas that will support vegetation. ■ Contours of temporary plant sites are graded to minimize runoff to critical areas including waterways and stockpile areas. 3.7 Use of Available Resources ■ Housekeeping supplies, including drip pans and absorbent materials, are kept on site in the repair trailer. All plant personnel have access to materials and are instructed in their use. ■ All plant personnel are available to respond to petroleum spills as needed. Additional personnel may be obtained from field crews. ■ If necessary, the plant loader may be used to construct temporary berms or place aggregate for absorbing free flowing liquids. Loader can be used to remove impacted soils or aggregate. ■ Impacted soils or aggregate will be remediated on site, if permitted, or hauled to the nearest permitted facility with appropriate storage capabilities. ■ Plant foreman,job superintendent, or other responsible company official may obtain, mobilize, and utilize any additional resources deemed necessary to mitigate the effects of the petroleum release. This may involve subcontractors, additional equipment, or additional personnel, as needed. 5 3.8 Selection of Plant Site ■ Whenever possible, the plant will be located in a pit or quarry that provides natural, on site containment of storm water runoff. ■ In locations where there is increased environmental sensitivity because of proximity to receiving waters, lack of natural containment, or other critical factors,berms or diking will be constructed to contain runoff from immediate plant area. ■ Plants will be located as far from potential receiving waters as possible. 3.9 Outside Vehicle or Equipment Washing 1 ■ .Vehicle or equipment washing should occur on agrassy area or gravel surface that will allow infiltration of wash water. In locations where that is not possible, such as power washing the asphalt plant at paved sites,then the wash water should be diverted to a treatment option, such as grassy vegetation or settling pond for inspection,prior to discharge. (Surface discharge of vehicle washing is prohibited in the State of Minnesota and Iowa.) ■ Depending on the amount of wash water generated, it may be necessary to . build a settling basin from straw bales, sand bags or aggregate material to provide adequate settling time for suspended solids. ■ Oil and grease must be removed from the wash water using absorbents or equivalent. It may be necessary to build a wash water collection pond so that absorbents can be used to skim the water surface to remove the oil and grease. • The use of non-biodegradable, cleaning solvents in the wash water is prohibited unless the wash water is treated prior to discharge onto the property. •.J !� Ynspechons and Monitoring 4.1 Daily Inspections Site inspections are conducted each operating day and recorded on the Daily Environmental Tracking Log. Inspections include, but are not limited to, application of Best Management Practices, absorbent and catch pan use, inspection of petroleum product storage, storm water runoff appearance and water quality. 6 4.2 Sampling and Monitoring For operations in the state of Iowa, one grab sample must be obtained annually to measure total suspended solids. For plants located in multiple sites during the construction season, only one sample is needed per year at any one site instead of at each site. Samples should be taken from water discharge outfall as it leaves the property. (See Attachment#2 for Iowa sampling parameters.) 4.3 Non-Storm Water Discharges Asphalt plants have two potential sources of non-storm water discharges. The sources are vehicle or,equipment washing and release of storm water from containment structures. Vehicle or equipment washing is addressed in the Best Management Practices section of this document. Release of storm water from containment structures is addressed in the Spill Prevention, Control and Countermeasures(SPCC)plan, which includes inspection, documentation and remediation, if necessary, of the water prior to release. 5.:0 Inclusion of Other.Plans by Reference 5.1 Spill Prevention Control and Countermeasures (SPCC) Plan The asphalt plant operations at this facility are regulated by a Spill Prevention Control and Countermeasures (SPCC) plan. The purpose of the SPCC plan is to prevent spills from petroleum products. The plan includes provisions for containment requirements, petroleum product handling, training and emergency response procedures. 5.2 Malfunction and Abatement Plan A Malfunction and Abatement Plan addresses the control of pollutants at an asphalt plant. The purpose of the plan is to reduce and eliminate excessive pollutant emissions from the facility. The plan includes procedures for product handling, inspections, repair and maintenance of the facility. 5.3 Fugitive Dust Control Plan 7 A Fugitive Dust Control plan is in place at each asphalt plant. The purpose of the plan is to reduce emissions from fugitive dust, such as unpaved haul roads. The plan suggests various ways to control fugitive roadway dust, mainly watering of the roads. Water is sprayed evenly on the road surface to minimize water runoff and maximize dust control. Other suggested dust control methods include chemical application, such as calcium chloride or magnesium chloride. Careful consideration to the impact of surrounding waterways is made prior to application of a chemical. C�r �ficafionatement r I certify under penalty of law that this document and attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information contained in the plan. Based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information;the information contained in this document is, to the best of my knowledge and belief,true,accurate and complete. I am aware that there are significant penalties for providing false information, including the possibility of fine and imprisonment. In addition, I certify under my penalty of law that,based upon inquiry of persons directly under my supervision, to the best of my knowledge and belief, the provisions of this document adhere to the provisions of the storm water permit for the development and implementation of a Storm Water Pollution Prevention Plan and that the plan will be complied with. �Z 9k Si re Date Tara Wetzel Environmental En inee�r Printed Name Title 8 Attachment 1 F Site Map �� r v S ` 9 Rochester Sand and Gravel Plant#53 Storm Water Site Map Highway 63 Quarry, Rochester,Minnesota v '1200 o � �a y ° �w J \ r • u \ j ..... ,�1�8 s'liljt�� . y,.....� �,., Asphalt v Dlor,t City ofRodims? i Town offfigh Foma C tl Retention Pond M chinery `a ill `� Attachment 2 Instructions for Completing this Form: Each asphalt plant operating in Iowa must sample storm water runoff annually. Complete the form below and fax to Environmental Department at Mathy Construction (fax 608-779-9182, Attn: Tara Wetzel). The lab must receive samples on ice within 7 days of sampling. The sample size should be a minimum of I liter. All samples must be taken after a rainfall event greater than 0.1 inches and ' must at least 72 hours from a previous rainfall. Date Sample Taken: Person Sampling: Site Name: Site Location: County: Sample Location:• Date of Rainfall Event: Rainfall Amount (inches): Was the duration between rainfall events greater than 72 hours? yes no Discharge Estimate from sampling outfall (gallons): 11 APPENDIX C SPCC Plan (Spill Prevention ' Control and Counter Measure) PreventionSpill Control & Counter easure Plan Rochester Sand & Gravel Plant #53 MANAGEMENT APP VAL This plan will be implemente er escribed Pat Peterson Printed Name of the Manager ignature of Manager Date Signed: 3/Z/ O t" CERTIFICATION I hereby certify that I have examined the facility, and being familiar with the provisions of 40 CFR, Part 112,attest that this SPCC plan has been prepared in accordance with good engineering practices. Tara E. Wetzel Printed Name of Registered Professional Engineer Si ature of Registered Professional Engineer Date 3103 6 Registration No..33606-006 State Wisconsin Table of Contents PART I- GENERAL INFORMATION 1.0 FACILITY INFORMATION 1.1 Name of Facility 1.2 Type of Facility 1.3 Location of Facility 1.4 Facility Phone Number 1.5 Name and Address of the Owner or Operator 1.6 Designated Person Accountable for Oil Spill Prevention at the Facility 2.0 PURPOSE 3.0 TANK STORAGE INFORMATION AND OPERATIONS 3.1 Plant Description 3.2 Tank Storage 3.3 Potential Pollution &Prevention Measures 4.0 SPILL RESPONSE 4.1 Spill Response- Emergency Contacts 5.0 INSPECTIONS AND RECORDS 5.1 Inspections and Records 6.0 PERSONNEL,TRAINING AND DISCHARGE PREVENTION PROCEDURES 6.1 Personnel Training and Discharge Prevention Procedures 7.0 SECURITY 8.0 FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK 8.1 Loading/Unloading Containment 8.2 Disconnect Transfer Lines 8.3 Inspection Rochester Sand 8 Gravel Plant 53 2 PART II-DESIGN AND OPERATING INFORMATION ONSHORE FACILITY 1.0 FACILITY DRAINAGE 1.1 Diked Drainage 1.2 Undiked Drainage 1.3 Drainage Supervision 2.0 BULK STORAGE TANKS 2.1 Tank Materials 2.2 Containment 2.3 Plant Effluent 2.4 Tank Inspections 2.5 Product Heating Methods 2.6 Monitoring Liquid Levels 2.7 Corrective Action for Leaks 3.0 FACILITY TRANSFER OPERATIONS, PUMPING AND FACILITY PROCESS 3.1 Corrosion Protection 3.2 Terminal Connections 3.3 Pipe Supports 3.4 Valve and Pipe Inspection 3.5 Prevention of Aboveground Pipe Damage ATTACHMENTS ATTACHMENT 1 FACILITY MAP ATTACHMENT 2 EMERGENCY CONTACT PERSONNEL ATTACHMENT 3 EMERGENCY RESPONSE PROCEDURES ATTACHMENT 4 COUNTY EMERGENCY GOVERNMENT PHONE NUMBERS ATTACHMENT 5 ENVIRONMENTAL PROGRAMS DAILY TRACKING FORM ATTACHMENT 6 WRITTEN INSPECTION PROCEDURES ATTACHMENT 7 FACILITY DISCHARGE OF CONTAINMENT WATER ATTACHMENT 8 CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA Rochester Sand R Gavel Plant 53 3 Part I General Information '.� �� ` .�c�ir �a�►�orma�iio.��- Fuy1^..E'��°` .`°v i�� >�,Y"�� u., MKn ay.. �'�� -a#.g'k��'��g�_ 1.1 Name of Facility. Rochester Sand &Gravel Plant #53 L2 Type of Facility. Hot Mix Asphalt Plant 4 1.3 Location of Facility. Portable L4 Facility Phone Number. 507-286-2453 LS Name and Address of the Owner or Operator. Rochester Sand &Gravel P.O. Box 189 Onalaska, Wl 54650 (608) 783-6411 phone (608) 783-4311 fax L6 Designated person accountable for oil spill prevention at the facility: Allen Doely, Plant Foreman Work Phone: 507-286-2453 Home Phone: 507-498-5988 t 4 This plan complies with the requirements of 40 CFR Part 112, Subparts A and B (July 1, 2003 Edition). Subpart C does not.apply to this facility. Rochester Sand R Gavel Plant 53 4 44 a3 w.tf4�i 3. s+ k t; rya+ ca x rt °"`k- fi s M r`7 r� j, 4' d- 4 g '"- C^ �`#1 k �E � Yv rs x< F r t,. .�y r hie ',.,-' y x ,;sFa >a-�RU a "a., u ' k b t .z- ,u tarage 4�nfarmat on acid ?perattbns " z 3.1 Plant Description: Hot mix asphalt plants produce and provide hot mix asphalt to government projects (Federal, State, County and Local), commercial businesses and private landowners. The hot mix asphalt is primarily used to construct roads,parking lots and driveways. An asphalt plant consists of aggregate bins,rotary drying and mixing drum, conveyors, storage silo(s),control house,baghouse, and petroleum product storage tanks. Additionally, a front end loader is used to charge the bins, and haul trucks are necessary for bringing aggregate to the facility and hauling hot mix asphalt away from the facility. For portable operations,diesel generators are used to provide power. Attachment# 1 is a diagram depicting the layout of the facility. 3.2 Tank Storage: The bulk storage tanks listed below are constructed of materials compatible with the oil stored and storage conditions, such as temperature. In the event of an oil spill or tank rupture, the designated person accountable for oil spill prevention at the facility will be notified. The person in charge will inspect the dike,berm and trenches to insure oil containment. Once the spill is controlled,the clean-up process will commence. The following table lists each tank at the facility along with the tank contents and storage capacity. Material Stationary or Tank Size Double Walled Heat Coils Tank# Stored Portable Tank (gallons) 16-289 Burning Oil Portable 15,000 Yes None 16-337 AC Portable 20,000 No Transfer oil #2 Diesel Stationary 1,000 No None 16-338 AC Portable 30,000 No Transfer oil 3.3 Potential Pollution & Prevention Measures: A potential spill may occur through one or more of the following failure mechanisms. 3.3.1 Tank Rupture: The total quantities of potential product released due to rupture are listed on the table above. Should a rupture occur, the person in charge will inspect the dike, berm and trenches to insure oil containment. The plant loader will be utilized to insure and maintain berm integrity. (Tanks with double walls will contain the product within the outer shell.) 3.3.2 Valve or Pipe Failure: For small unobstructed flows, the source of the spill should be stopped immediately by stopping the appropriate pump or closing down the proper valve. Rochester Sand&Gravel Plant 53 5 3.3.3 Overfill: During the unloading/loading process, overfill may occur. Prior to unloading, the plant foreman will stick the tank and calculate the available tank volume. The plant foreman or a person under his direct supervision is the ONLY person authorized to instruct the Transport Driver to unload. In the event of an overfill the product would run out the vent pipes and into p pp othe containment area. The loader would be used to maintain the containment area. N,tl ;t'I .^`f asSi C�Sjy�IS@y�' ; €r K� { v� , -tr .,,F7; _tsr.._,., .z,w...rs.i.a __�'�..wt;,�,.ya�o m.�; '�'M m.sT-..�.Y is-+z.¢tea r�s.«a!t,�`'„Ce•„ i. $''rkr.IG 4.1 Spill Response: Any employee who discovers a discharge of petroleum products should determine the source of the spill and contact the persons listed below. Designated personnel will determine the cause of the discharge,take action to clean up the spill and implement measures to prevent a recurrence. (See Attachment#2-Emergency Contact Personnel .) The Emergency Response Procedures listed in Attachment#3 describe the appropriate procedures for responding to a spill. Rochester Sand&Gravel commits all available plant and road crew personnel and equipment to respond to potential spills at this facility. Active personnel may include manpower from any of the company divisions or hired contractors, as appropriate. This facility is NOT required to maintain a Facility Response Plan per regulation 40 CFR Part 112- Subpart D (see Attachment#8). ?y L r ra 4z emergency Coptact Personnel RocliesteraSand 8c GraelGffce {507)288-7447 iochester Sand& Grae124 HR '(507) 2524745 Contact personnel 1 Pat Peterson (507)288-7447 Cell Fhorie (608) 769-1006 Home Phone (507) 2524745 2. Tim Jones (608)769-6411 Cell Phone (608) 790-2937 Home Phone (608) 857-3351 3. Tara Wetzel (608) 779-6322 Cell Phone (608) 790-2983 Home Phone (608) 781-4721 Extreme Emergency: Contact Nearest Law Enforcement Officials Rochester Sand&Gravel Plant 53 6 x Regulating Contact Personnel 73. � r d r Minnesota Polluhcjn Control'Agency (612)296 6300 x Wisconsrn DNR a w608)7$ 9000 IowaUNR (515 281 X$ 4 �' g t 11innesota Spill Nunber800j'422 098 F� z Wiscot�sm SprllNumber _�5 (80Q)94 000 a rx Iowa Spz11 Nuinbe (�15 281 8364 ` e b i ,Zocal�F>re Dep;Eirtinent Local Sheriff Department # 9I 1 Y F % J T u 7 County Emergency government See Attachmentl#4 X ' EPA Natonaf Response Center* (80Q)424-8802 or(202) 267 2675 i *EPA National Response Center will be contacted¢y an authorized Rochester Sand&Gravel I mereency Contact'' 'Person Unly.� 4.1.1 Information for Contacting the National Response Center:Notification to the National Response Center is required if a single spill is greater than 1,000 gallons or if two spills, greater than 42 gallons each, occur within a 12-month period. The following information will need to be supplied to the National Response Center. ➢ Location and phone number of the facility; ➢ Date and time of the discharge; ➢ Type of Material Discharged; ➢ Estimates of the total quantity discharged; ➢ Source of the discharge; ➢ Description of all affected media; ➢ Cause of the discharge; ➢ Any damages or injuries caused by the discharge; ➢ Corrective action used to stop,remove, and mitigate the effects of the discharge; ➢ Whether an evacuation may be needed; ➢ Names of individuals and/or organizations that have also been contacted. 5.0 Inspections and Records 5.1 Inspection and Records: All storage tanks, pumping equipment and loading areas are visually inspected each working day for leakage, equipment malfunction or damage and recorded on the Environmental Programs Daily Tracking form (Attachment 5). If visible imperfections are noted, the inspector will notify the designated person accountable for oil spill prevention at the facility. Rochester Sand&Gavel Plant 53 7 Visible oil leaks, which result in a loss of oil from tanks seams, gaskets and bolts sufficiently large to cause the accumulation of oil in dike areas, will be promptly corrected. All aboveground valves and pipelines are examined daily by the inspector at which time the general condition of the items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, and metal surfaces should be assessed for possible leakage. Completed Environmental Programs Daily Tracking forms are kept on site during the construction season. Previous completed forms are kept at the corporate office.Records are maintained for a period of five years. 5.1.1 Written Inspection Procedures: A written inspection procedure must be incorporated in the SPCC plan. The following are the inspection procedures, which are conducted each operating day. (See Attachment#6) Inspections are recorded on the Environmental Programs Daily Tracking form. ➢ Visually inspect all storage tanks for leakage, equipment malfunction or damage. ➢ Visually inspect the asphalt cement supply line from the asphalt tank to the drier for leakage, equipment malfunction or damage. ➢ Visually inspect the burner oil supply line from burner oil tank to burner for leakage, equipment malfunction or damage. ➢ Visually inspect all pumping equipment for leakage, equipment malfunction or damage. ➢ Visually inspect containment berms, dikes and catch basins for evidence of a petroleum spill or leak. ➢ Ensure that all values and tanks are secured and locked when not in use. ➢ Visual inspection shall include valves, flange joints, expansion joints, valve glands and bodies, catch pans,pipeline supports and all metal surfaces. ➢ All visible imperfections should be noted on the Environmental Programs Daily Tracking form (Attachment 5) and reported to the designated person accountable for oil spill prevention at the facility. Personnel Trainin andd r eyen , (j .D�.scharge„Pat�on Procedures , �� , , k, 4` 6.1 Personnel, Training and Discharge Prevention Procedures: Personnel are instructed in the operation and maintenance of equipment to prevent oil discharges and applicable pollution control laws, rules and regulations. Rochester Sand & Gravel is committed to ensuring that the contents of this spill prevention and countermeasure plan are implemented and maintained by well trained, educated, and competent employees. Management will strive to insure that all employees have a genuine understanding of the spill prevention and countermeasure control plan and the goals in which it was Rochester Sand&Gravel Plant 53 8 implemented to achieve. Instructions are given to personnel at the time they are assigned the task of making required inspections or maintenance tasks. The assigned company representative will conduct periodic briefings with plant personnel, and be available via the telephone to consult and assist the employees when problems arise and/or revisions to the SPCC plan are needed. Annually during plant foreman meeting, safety day or environmental audit, the plant foremen are instructed on the general requirements of the SPCC plan,including spill response, inspections and record keeping. Additionally, the plant foreman discusses the SPCC plan during the weekly plant safety meeting held at each plant site. Topics include, content of the SPCC plan,revisions recently implemented, comments from other plants, and other pertinent SPCC topics. New employees are instructed in the SPCC purpose and protocol before being authorized to participate in plant operations.� d! ��. y Security>a L:i7,4ti F Yirt r 3 _ F� <. 7.1 The facility handling, processing or storing of oil is securely locked in a closed position when in non-operating mode. 7.2 Any valves which permit direct outward flow of a tank's contents are locked closed when in non-operating or standby status. 7.3 Starter controls on all oil pumps in non-operating or standby status are locked in the "off' position and located at a site accessible only to authorized personnel. 7.4 Loading/unloading connections of oil pipelines or facility piping are securely capped or blank- flanged when not in service or when in standby service for an extended time. 75 Security lighting is provided to ensure adequate security for operations, spill detection and prevention of vandalism. $.0 Facility Tank Car and Tank Truck Loading/Unloadng.Rack _ . 8.1 Loading/Unloading Containment: Where appropriate, drainage from loading or unloading a tank truck will flow towards a containment area, such as a spill diversion or retention pond. The procedure is for the driver to stay with the truck during the product transfer to insure that the appropriate pumps are shut down if a spill occurs. Rochester Sand&Gravel Plant 53 9 8.2 Disconnect Transfer Lines. The tanker wheels are restrained (i.e. wood blocks, earthen berm, air brakes) from movement during the product transfer process. The driver must ensure the pumps are turned off prior to disconnect from the tank. 8.3 Inspection: Drains and outlets on tank trucks are checked for leakage before loading/unloading or departure. 1 Rochester Sand&Gravel Plant 53 10 Part II Design and Operating Information Onshore Facility (Excluding Production) �t;x,�a "� Fa.,•e gxri��-,rs°` a' �x+��y.�;„�'as.�v;,.Qcv-�� t . ,y ,v ��a .,�,5xfvf"'tk �`c'n r �..`.�,n r r..r a�, r, 5�,� 5 _�r rr� >. 1.1 Diked Drainage: Drainage from diked storage areas is controlled as follows: I 1.1.1 Drainage from diked storage areas will be released by manually operated valves,manually operated pumps, or removing non-valved berm walls while attended by plant personnel. Prior to opening the valves or starting the pumps for water removal, the accumulated water in the diked area must be examined to 'insure that no oil will be discharged into the waterway. If necessary, adsorbent material will be used to remove oil sheen from the water surface. Inspection of the runoff rainwater insures compliance with applicable water quality standards and will not cause a harmful discharge. Adequate records will be kept of such events, including time of discharge, estimated quantity and quality of discharge. (Complete the Facility Discharge of Containment Water-Attachment# 7.) Once the release of water from the diked area is completed, the discharge valve will be secured in the closed position or the non-valved berm wall will be reconstructed. 1.1.2 In the event of an oil spill, the product shall be pumped into transports and returned to storage. 1.1.3 The dike area will be maintained in an oil free condition. 1.1.4 Normal rainfall is retained in the diked areas. Removal of precipitation is usually by evaporation. 1.2 Undiked Drainage: Drainage from undiked areas is controlled as follows (include description of ponds, lagoons, or catch basins and methods of retaining and returning oil to the facility): 1.2.1 Drainage from undiked areas will flow into ponds, lagoons, or catch basins. Drainage from the ponds, lagoons or catch basins will be inspected, documented and released the same as drainage from diked areas. 1.3 Drainage Supervision: The procedure for supervising the drainage of rain water from secondary containment into a storm drain or open watercourse is as follows: Rochester Sand&Gravel Plant 53 11 • r 1.3.1 Prior to discharge of water from the containment basin, a qualified individual will inspect the water to determine if any evidence of pollutants exist. If an oil sheen is visible, the sheen will be removed from the water surface using adsorbent material. Silt and sediments will be allowed to settle to the bottom before the portable pump is activated. The responsible person will monitor the discharge and record daily estimates of water volume. If at anytime oil sheen is evident, the pumps will immediately be turned off and sheen will be removed with adsorbent material. The qualified individual will complete the SPCC Plan Attachment# 7 (Facility Discharge of Containment Water) each time water is drained from the containment area. 1 -z{f `�y�t py .s,r'y., 'y:.1''t l'V6,rrr.%S u � ArT�. 4 �... tXS<4 wryrEs,rL[ Mf.�3.YL�T� � '':.�t �' e.,k n.., x yx,t -.tis',�'T'�... ir`s^.�rr -:'`'t✓ fir- 3 x`2 R k `QN' �,. ::.;t..,,+.i r.,;-,.r..L1Ax .i ,-..,.a .,.�:ar3ise...'..+."-�. P.:,-;'R k�V?"TS {r3 �,. .1,_ tt � ', dr�� ' AV 2.1 Tank Materials: The bulk storage tanks listed in Part I, section 3.2 are constructed of materials compatible with the oil stored and storage conditions such as temperature. 2.2 Containment. 2.2.1 Double walled tanks: Many tanks are constructed with double walls to allow for containment of the product within the outer shell should a rupture or leak occur. 2.2.2 Product Type: Due to the nature of asphalt cement, double walled tanks are not utilized for this product because spilled product is handled more efficiently if allowed to cool and harden to a solid state. Once in a solid state, the produce is rolled and recycled. 2.2.3 Spill Containment: Sufficiently impervious earthen materials, concrete or hot mix asphalt cement will be used to construct containment for the tank storage where appropriate. The containment will either surround the tank storage area or be located down slope of the tank storage area. The plant may employ various types of spill containment, such as spill diversion ponds, retention ponds(lined or unlined), curbing or sumps. 2.3 Plant Effluent. Water is only discharged manually from the dike by opening manual valves, setting up portable pumps or removing non-valved berm walls. 2.4 Tank Inspections: 2.4.1 Integrity testing. All tanks on site are less than 30,000 gallon capacity. In March of 2004, a settlement agreement was executed between EPA and the American Petroleum Institute (API) specifically clarifying EPA's position on integrity testing of shop built containers. EPA stated that well-designed shop built containers with a capacity of 30,000 gallons or less would be generally provided with equivalent environmental inspection to that offered by other forms of testing if appropriate visual inspections were combined with the one of the following two measures. (1) Elevation of a shop-built container in a manner that decreases corrosion potential and makes all sides of the container including the bottom visible during inspection (i.e. containers mounted on supports or saddles.). (2) Placement of Rochester Sand&Gravel Plant 53 12 a barrier between the container and the ground, designed and operated in a way that ensures that any leaks are immediately detected. The tanks are either elevated on tank supports or placed on elevated concrete pads. The purpose of this design is to allow for detection of a leak from the tank bottom. This design also allows for reduced corrosion potential from water contact with the bottom of the tank. Z4.2 >✓isual inspections: External tank inspections are conducted daily. If visible imperfections are noted during the inspection, the inspector will notify the designated person accountable for oil spill prevention at the facility.Any repairs needed are completely in a timely manner. Z5 Product Heating Methods. Asphalt cement or process fuel is heated by one of two methods: internal heating coils or direct fire. 2.5.1 Internal Heating Coils: Some of the tanks are equipped with internal heating coils, which contain heat transfer oil. The heat transfer oil is heated and circulated internally through the tank in a closed loop system. If the line would develop a leak,heat transfer oil would drain into the tank. A limit switch would shut down the system when low oil is detected in the heat transfer oil reservoir. The heat transfer oil is monitored daily by the plant foremen, if an excessive low oil reservoir is detected, the tank is emptied and repairs are made to the heating system. Records of the repair are logged on the Environmental Programs Daily Tracking form. 2.5.2 Direct Fire: Some of the tanks are equipped with direct fire heating system. Over time, the heat tubes may corrode causing the contents of the tank to discharge. The most likely location of the corrosion is at the inlet location of the heating tubes. The plant foreman performs a daily inspection of the heating tube inlet to monitor for leaks. If a leak is evident, the tank is emptied and repairs are made. Records of the repair are logged on the Environmental Programs Daily Tracking form. 2.6 Monitoring Liquid Levels: Tank levels are measured each operating day via tank gauges or sticking of the tank. Prior to and during tank filling, inventory levels for the tank are monitored and reviewed to insure overfilling will not occur. The tanker driver must be present during the loading/unloading process to monitor gauges and/or the overall filling of the tank. 2.7 Corrective Action for Leaks: Any loss of oil from a container, including but not limited to seams, gaskets, piping, pumps, valves, rivets, and bolts, will be promptly corrected. Any accumulation of oil in diked areas will be promptly removed. 30 ;Fac><li Transfer Qperations, P:um ing,and Facility Process' �5 3.1 Corrosion Protection: All piping is aboveground. Rochester Sand$Gravel Plant 53 13 3.2 Terminal Connections: Any product pipeline not in service for extended periods of time is blank-flanged, capped, or plugged. The same procedure is used for pipeline or tanks considered permanently out of service. 3.3 Pipe Supports. Pipe supports are designed to minimize abrasion and corrosion and allow for expansion and contraction. 3.4 Valve and Pipe Inspection: Pipe is visually checked for distortion and leaks on a daily basis during the daily tank inspection. The inspection includes assessing the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of the valves, and metal surfaces. No buried pipelines exist. i 3.5 Prevention of Aboveground Pipe Damage: All piping is located in the center of the plant facility where vehicle traffic is denied. Rochester Sand&Gravel Plant 53 14 Attachment # 1 Facility Map ks -1200 o o � `t -----~ Branch r \\y 0 0 J X Perune�er � ` , ; Creek to k i ^,.:' , 4�- Asphalt • Ciw ofRoch2e,. Town ofKgh Forms Cc? f� •� � x- T i{ Retention Pond , Hwy T/np �, M chinery Rochester Sand Emergency Contact Personnel k E�nergenc Contact Personnel = t vl 'R�,cizester� and&Gravel Office�$D7),288 7447 Rochester Viand&Gravel 24 HR (507) 252-474 r y r ,•-- "r -tom+ t,. ,< �..,.. c.,, _ _ Yr i3 '. „� a �e c} {Y t n , ont o�'ersonnei 1 fat Peterson s �' {$07)2$ ,7, 47 ; a Cell Phozze ?(608) ,6 I t306 � t Hbme Plione F � t ( 07) 52-474 y 2 �'itn3onesq =tea � (6y�08(}�� 7G9 VfJ�,7Y/y(Q 254 �{ Ip41 e Qk ,7 �xiS 41 r etzel �60$)`179 r t dell phone (608�`790429),83 'Extre><ne Emergency ' Corttact Nearest Law Enforceinnt,0fficzals f Regulating Contact Personnel h tir - ;Mznnesota Pollution Control Agency (612);:2�6 630Q " Wiscanszn DNR (608) 785 9000 Iowa DNR° (515)`281 1�941a �f Minnesota Spill Number . 000)422 (17 Visconsizi Spill Number ($00)?943 040 ' Iowa>S ill Nur-pb 2814 Local Fire Department 911 Local Sheriff Department 911 County Emergency Government See Attachment#4 EPA National Response Center* (800) 424-8802 or(202) 267-2675 'EPA National Response Center will be contacted by an authorized Rochester Sand&Gravd'Emereencv Contact Person Only. Rochester Sand&Gravel Plant 53 16 Attachment # 3 Emergency Response Procedures If a spill occurs: 1. Take immediate action to isolate and control the release, as long as response action doe not jeopardize the health and/or safety of responders or the public. Mobilize accessible resources and stabilize the situation. 2. Consult Material Safety Data Sheets (MSDS) when necessary to evaluate fire potential. Contact local fire responders if potential for ignition is a concern. 3. Report any spill to authorized Company officials. Company officials will notify the County Emergency Management, Department of Natural Resources (DNR) personnel, and EPA National Response Center for reportable spills. Company officials that are available for 24-hour response are listed in Section 4.0 and Attachment # 2 of the Spill Control and Countermeasure (SPCC) plan. If contact with a company official is not possible, report the spill immediately to the nearest law enforcement or DNR official. 4. Continue spill mitigation procedures. Isolate and contain petroleum products through berming, application of absorbent aggregate, petroleum adsorbent padding, or diversion to containment area. Confirm possible control of leak or spill source as soon as practicable. 5. Notify Company officials as soon as the situation is stabilized. Upon approval of the Company or DNR officials, excavate and place impacted soil/aggregates on an impervious surface, such as plastic, or transport to the nearest remediation site. Cleanup should be done under the direction of supervising DNR official or responsible Company official. 6. Document all details of the spill incident and retain records at the site for inspection. All records shall be maintained for a period of 5 ears. Rochester Sand&Gravel Plant 53 17 Attachment # 4 County Emergency Government Phone Numbers Rochester Sand&Gravel Plant 53 18 Attachment # 5 Environmental Programs Daily Tracking Form Rochester Sand&Grovel Plant 53 19 Environmental Programs Daily Tracking Form Plant#: Date: Soil Remediation: Location: Soil Remediation Performed:---yes-no PIant Foreman: Type: commercial own spill Documented: yes AIR QUALITY MONITORING (If yes,Complete Contaminated Soil Tracking Production: form) Total Asphalt Mix Tonnage: Diesel Fuel Gallons for Generator. SPILL PREVENTION PLAN(SPCC) RAP%in mix: RAP tons: Plant Inspection Conducted per SPCC Inspection Mix Temperature(degrees F): Procedures yes no Hours of Operation: Systems Locked out: __yes no Petroleum Equipment Maintenance: Process fuel: Fuel Type: Amt: Burner Pressure: Fuel Temp: Weekly SPCC Meeting: yes no Fuel Type: Amt: Containment Water Released:_yes no Burner Pressure: Fuel Temp: (If yes, complete Water Drainage Form) Spec.Sheet Delivered: yes no STORMWATER RUNOFF QUALITY Baghouse: Best Mgmt.Practices(BMP)Applied:_yes_no Magnehelic dP: / inches of water Petroleum Products Secure:_yes no Photohelic dP: inches of water Site Runoff Naturally Contained on Site: Optimum photohelic range from burner tune- yes no up: inches of water If no, has containment been constructed: Photohelic malfunction:_yes no yes no (If yes,next day DNR notification required) Erosion Control Practices used(i.e. silt fence, site Weekly Inspection of drum,inside bag house and seeding,slopes): door seals,ducts,photohelic, damper,&other system parts:Conducted today_yes no Rain Amount in last 24 hrs: inches Maintenance Performed: Any known Petro.Contamination:_yes no Sediment Content of Runoff: Low Medium High (Water Containment Drainage documentation is 50,000 ton Blacklight Baghouse Inspection: covered by SPCC) Performed today yes no Number of Bags Replaced: To the best of my ability and to the extent that I am able to observe under the conditions of this site, I Fugitive Dust Control: have due diligently completed this daily form. Control Measures: yes no Signature means that the inspections have been Water Amt. Applied: completed and any observed deficiencies have been Chemical Amt.Applied: noted and communicated to the supervisors. Speed Limit Control(mph): Plant Foreman's Signature: Rochester Sand&Gravel Plant 53 20 Attachment # 6 Written Inspection Procedures ➢ Visually inspect all storage tanks for leakage, equipment malfunction or damage. ➢ Visually inspect the asphalt cement supply line from the asphalt tank to the drier for leakage, equipment malfunction or damage. ➢ Visually inspect the burner oil supply line from burner oil tank to burner for leakage, equipment malfunction or damage. ➢ Visually inspect all pumping equipment for leakage, equipment malfunction or damage. ➢ Visually inspect containment berms, dikes and catch basins for evidence of a petroleum spill or leak. ➢ Ensure that all values and tanks are secured and locked when not in use. ➢ Visual inspection shall include valves, flange joints, expansion joints,valve glands and bodies, catch pans,pipeline supports and all metal surfaces. ➢ All visible imperfections should be noted on the Environmental Programs Daily Tracking form and reported to the designated person accountable for oil spill prevention at the facility. Rochester Sand d Gravel Plant 53 21 Attachment # 7 F cilit Discharg of Contai mentawi-f 1 y w Plant/Site Name: Site Location: r Date: Time: AM or PM (circle one) Approximate Quantity: Oil Sheen Present: ❑ yes ❑ no Pumped: ❑ yes ❑ no Pumping Contractor: Disposal Site: Responsible Party Signature: Rochester Sand&Gavel Plant 53 22 Attachment # 8 CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA Facility Name: Rochester Sand &Gravel Plant #53 Facility Address:' Portable 1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater than or equal to 42,000 gallons? Yes . No x 2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? Yes No x 3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance(as calculated using the appropriate formula) such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? Yes No x 4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance such that a discharge from the facility would shut down a public drinking water intake? Yes No x 5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No x Certification I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate and complete. Signature Tara E. Wetzel Name(please type or print) Environmental Engineer Title February 27, 2006 Date Rochester Sand&Giavel Plant 53 23 Rochester Sand & Gravel SPCC Regulation Compliance Matrix SPCC Regulatory Requirement SPCC Regulation Location Location in Plan Plan Certification 40 CFR 112.3 Cover Page General Requirements Facility Diagram 40 CFR 112.7(a)(3 Attachment# 1 Oil Storage & Capacity 40 CFR 112.7 a 3 i Part I, Section 3.2 Discharge Prevention Measures 40 CFR 112.7 a 3 ii Part I, Section 3.3 Discharge Drainage Control 40 CFR 112.7 a 3 iii Part I, Section 3.3 & Part II, Section 2.0 Countermeasures Procedures 40 CFR 112.7 a 3 iv Part I, Section 4.0 Method of Disposing Recovered Materials 40 CFR 112.7 a 3 v Part II, Section 1.1.2 Contact List and Telephone Numbers 40 CFR 112.7(a) 3 vi Part I, Section 4.1 &Attachment 2.0 -Reporting Requirements 40 CFR I I2.7 a 4 Part I, Section 4.1.1 -Spill Response 40 CFR 112.7 a 5 Part I, Section 4.1 &Attachment#3 Spill Prediction 40 CFR 112.7(b) Part I, Section 3.2 & Attachment# 1 (as appropriate) Containment/Diversionary Structures 40 CFR 112.7 c Part I, Section 3.3 & Part II, Section 2 Uncontained Area 40 CFR 112.7(d) Part I, Section 4.1 & Part II, Section 1.2 & Part 2.2 Inspections, Tests and Records 40 CFR 112.7(e) Part I, Section 5.0 Personnel, Training & Discharge Prevention Procedures 40 CFR 112.7(f) Part I, Section 6.0 Security 40 CFR 112.7( Part I, Section 7.0 Facility Tank Car &Tank Truck LoadingfUnloading Rack 40 CFR 112.7 h Part I, Section 8.0 Field-Constructed Aboveground Container Repair, 40 CFR 112.7(i) Does not apply to this facility. Alteration & Reconstruction Facility Drainage 40 CFR 112.8 b Part II, Section 1.0 Bulk Storage Tanks 40 CFR 112.8 c Part II, Section 2.0 Facility Transfer Operations, Pumping& Facility Process 40 CFR 112.8 d Part II, Section 3.0 � v DRAFT City Planning Commission Minutes December 13, 2006 meeting • Type III, Phase II Amendment to Conditional Use Permit#05-06 by Rochester Sand and Gravel, a Division of Mathy Construction. The applicant is requesting renewal of the conditional use permit#05-06 to operate a hot mix asphalt plant on property located east of TH 63 and south of 60th St.within the former Quarve quarry pit. Ms. Mitzi A. Baker presented the staff report, dated December 5, 2006, to the Commission. The staff report is on file at the Rochester-Olmsted Planning Department. Ms. Baker explained that the applicant's application requests that the Commission approve the permit for a five year period rather than one year. Ms. Baker presented a map of Rochester and the surrounding area which identified areas in which there could not be bituminous plants if there were a minimum distance of 1320 feet from a residential area in the City of Rochester; the approximate distance from the Mathy Plant to the nearest residence. Mr. Pat Peterson, Manager of Rochester Sand and Gravel (4105 East River Rd NE, Rochester MN 55906), addressed the Commission. He stated that the following individuals were present to answer any questions that may arise: • • Dr. Laura Green, Phd, Board Certified Toxicologist, Gambridge Environmental, and MIT • Gerald Reinke, Chemist, Vice President of Technology at Mathy Construction • Tara Wentzel, Professional Engineer, Environmental Engineer at Mathy Construction • Keith Mathison, Permit Specialist and Sound Studies at Mathy Construction Mr. Peterson presented a PowerPoint presentation, which is on file at the Rochester-Olmsted Planning Department. The presentation covered the following topics: • Current permit conditions • Voluntary environmental improvements since 2003 o Improved Mixing Drum Technology o Improved Stack Exhaust Dispersal o Capture of Storage Tank Vapors o Capture of Top of Silo Vapors o Capture of Truck Load Out Vapors o Slat Conveyor Vapor Extraction System o Tanker Vapor Capture Device Ms. Mary Lou Soukup (residing at 2217 Baihly Ct SW, Rochester MN 55902) addressed the Commission. She explained that, after living in her home for 37 years, she has recently moved to get away from the plant's odor. She questioned how long an exception to the Ordinance could be applied for. • Mr. Burke explained that the applicant is asking for a 5 year permit instead of a 1 year permit as previously applied for. He explained that, after 5 years, the applicant would need to submit another application to run the plant. DRAFT City Planning Commission Minutes December 13, 2006 meeting Ms. Soukup expressed concern that they could keep applying for permits and obtaining them indefinitely. She stated that Mr. Mathy and Mr. Peterson have been very pleasant in communicating with her, but they are unable to fix the problem. Mr. Burke asked when she moved. Ms. Soukup responded July 2006. Mr. Burke asked if the new additions helped at all. Ms. Soukup responded no. She stated that, for the last 3 Y2 years she lived there, she had a nagging cough and upper respiratory problems. Since moving, she hasn't had any problems. Mr. Bill Mestad (residing at 105 60th Street SW, Rochester MN 55902) addressed the Commission. He explained that he and his wife moved to their present home 39 years ago due to his wife's asthma and need to be away from the city elements. Since the plant has been in operation, she has been in the hospital many times and is on approximately 12 medications. She cannot go outside and he himself has to have an inhaler at times after being outside. Mr. Mestad stated that 90 percent of the material is being hauled in. Traffic onto 60th Street is dangerous. Ms. Margo Mestad (residing at 105 601h Street SW, Rochester MN 55902) addressed the • Commission. She read a letter form Mary Nelson (residing at 5925 Hwy 63 South) in opposition to the request. This letter is on file at the Rochester-Olmsted Planning Department. Ms. Mestad expressed concern that she moved into her home prior to the plant and having increasing health concerns since the plant was established. Ms. Mestad stated that her neighbor Walter and Alba Steffenson (residing at 77 60th St SW, Rochester MN 55902) couldn't be at the meeting but have expressed concern with her about the odor coming from the plant. She explained that Walter has lung cancer. Ms. Mestad questioned what happens to complaints about the plant as they are not represented in the staff report/packet. Ms. Baker explained that violation complaint files are not turned into public records. The identity of individuals is kept confidential.. The complaints against the facility have not been of a type that allowed the Planning Department to take action against the applicant or remove their conditional use permit since they have not violated the conditional use permit. She asked Ms. Mestad if she had received a response from the M`PCA. Ms. Mestad responded that she had and questioned if the requirements didn't apply to Mathy Construction as they continue to be granted their Conditional Use Permit requests. She stated that she felt that her concerns have not been fully addressed. From her research, other plants are not located where there are residential homes near it. • DRAFT City Planning Commission Minutes • December 13, 2006 meeting Ms. Mestad stated that she understands that the Commissioners have visited the plant. However, she explained that they were present on a good weather day. She discussed the different weather conditions that occur when she smells the plant from her backyard even though you cannot smell it in the front yard. The wind shifts throughout the day. Ms. Mestad stated that when she toured the plan she exited the vehicle for a short time but had to return to the vehicle due to the odor and dust. She stated that she has seen black smoke from the smoke stack. She stated that the plant opens at 5:30 a.m. and the noise is loud enough to disturb the neighborhood. Mr. Peterson explained that Randy Klement, from the Planning Department, talked with him about possible black smoke. He indicated that he would have Laura Green explain why the smoke could have looked colored. Mr. Peterson stated that a de-mister system had never before been used in an asphalt plant. However, they put one in due to night order complaints. Ms. Laura Green (residing at 106 Sumner Road, Brooklyn MA) addressed the Commission. When measuring the emissions from an asphalt plant, there is not much carbon present: Carbon is what gives the appearance of black smoke. She explained that there could be an appearance of black smoke due to conditions of the ambient air, moisture, and angle of sun at . certain days. Mr. Burke asked if it could be something that occurs when the plan initially starts up until the plant is in full operation. Ms. Green responded no. It is more the conditions off the ambient air relative to the amount of moisture and heat difference and angles of the sun. With no one else wishing to be heard, Mr. Burke closed the public hearing. Ms. Rivas thanked Mr. Peterson for the tour of the plant. She indicated that she had a conversation with Ms. Mestad as well. At this time, the plant has done all that they can to capture the pollutants from the quarry. However, there are still apparent health concerns. She expressed concern about moving the request forward at this time as she did not want to be held accountable for someone's long term health. Mr. Harford asked the applicant if they file reports with the state regarding the release of pollutants yearly. He asked that, if there were such a report, are they available. Ms. Rivas moved to reopen the public hearing. Mr. Ohly seconded the motion. The motion carried 8-0. Ms. Tara Wetzel (residing at 3003 South Meadowlark Lane ,WI) addressed the Commission. She explained that they receive a registration permit from the MPCA. They are required to • submit an annual report on April 1 s'of each year with regard to emission calculations. This report is on file with the MPCA. DRAFT City Planning Commission Minutes " December 13, 2006 meeting Ms. Rivas questioned if the measurement was taken from the stack. Ms. Wetzel responded that they were taken from inside the stack. Ms. Rivas asked about emissions not at the site but in outlaying areas. Discussion ensued regarding wind patterns. Ms. Laura Green discussed modeling and all the different elements and topographics that are entailed with it. Ms. Wetzel explained that there are meters on site for sulfur bearing compounds. It measures the wind direction and speed as well. She explained that the higher readings actually occur when the wind is not coming from the plant as the emissions are coming from the highway traffic. Mr. Wallace asked how far the plant was from the airport. Mr. Peterson responded one mile. Ms. Margo Mestad stated that there was a discussion about the "black box" that measured emissions. She stated that she is unaware of what those readings were and stated that the applicants indicated to the Council that they were afraid that if they put some of the "black • boxes" off the site they would be tampered with. Mr. Petersson stated that they provide raw data to Phil Wheeler at the Planning Department who analyzes the data. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Ohly stated has sympathy for those in the neighborhood, as he wouldn't want to smell it. However, plant need to be located somewhere. At this time, the plant seems to meet other requirements. No matter where the plant is located, someone will be affected by it. Mr. Burke stated that he did speak with some neighbors from Southpointe (south of the plant). They indicated that they didn't know it was there. Mr Ohly moved to recommend approval of Type°III; Phase II amendment to Condifional Use;Permit405 06 by:Rochester Santl andxGravel, a Division of Mathy Construction,with the staff 4ecommended fndmgs;and'conditions ;.Mr McGuine'seconded.the motion The motion carried-7 0, with Ms`"Rivas ab'staimri 1 E ry i g CONDITIONS F y 1 Import of materials fior processing be limited only to that necessary for,the hot mix asphalt facility 2. This'use will be sub'ectto meetin ahe Industrial Performance Stantlards,of the DRAFT City Planning Commission Minutes • December 13, 2006 meeting 'Rochps'ter'Zoning'Ordinance and'Land De' I'" ment,Manual (Sec 63 600 et"seq ) including the standard applying to odor in the M 1 and M 2:,distrjcts 3 No temporary use'permit may"be issued without Council at provaI ' f f 4 This permit. hall e xp�rei�e (5)years after the CounciPs approval The applicant must `oµthro ' a T pe 111,P:ha"se Il:process"in order to renew the permit • • • December 1, 2006 Dear Margo &Bill, Our new home is wonderful! We have outdoor air we can breathe without coughing and I no longer have sore throats (could they have been from the asphalt facility emissions?). There's also an abscrice of excessive truck noise. We don't have to look out our bedroom window every mornir:a to see if the smoke stack is emitting"steam," and if so, quickly close all windows. T:ie stressful,tedious task of keeping calendar records and noting wind direction and bumidity reports from the local TV station every day are no longer necessary. All the phone complaints and letters written are things of the past. It really bothered me to have to complain to so many people so many times. ENOUGH WAS ENOUGH! Asphalt facilities DO NOT BELONG IN RESIDENTIAL NEIGHBORHOODS . It was THE main reason we 14AD to move. We could no longer enjoy our home, garden, flower beds and, more importantly, the wild animal habitat we fostered and maintained for years. When we could no longer invite friends to visit us on our deck during spring, summer and fall months because of the overpowering smell, it became obvious we had to move. I wonder what justification Rochester-has for forcing us out of our home by allowing an exception to a city ordinance meant to protect our rights as citizens. You have been excellent, supportive neighbors these past thirty-six years and we shall • miss you very much. Thank you for battling this issue with us. I'm sorry other neighbors who were unhappy with the situation chose not to voice their objection to the city. We might have had a better chance pleading our case. Please keep in touch and come visit us any time in our new home and enjoy with us the sweet smelling air and the absence of truck noise. ZA 1 _ t l% 1• � Minnesota Pollution Control Agency ' • 520 Lafayette Road North. I St.Paul,MN 551.55-4194 1 651-296-6300 1 800-657-3864 651-282-5332 TTY www pca.statemn us January 5, 2007 The Honorable Andy Welti Minnesota House of Representatives State Office Building,Room-389 100 Rev. Dr.Martin Luther King Blvd. St. Paul,Minnesota 55155-1298 RE: Air Quality Compliant Investigation Rochester Sand&Gravel,Division of Mathy Construction Company Hot Mix Asphalt Facility,Plant 53 . Highway 63 South,Rochester Dear Representative Welti: Over the last several years the Minnesota Pollution Control Agency Qy2CA),Air Quality Compliance and Enforcement, staff has received numerous odor complaints regarding the Rochester Sand&Gravel,Plant 53,Hot Mix Asphalt Facility(Facility),located on Highway 63 South,Rochester,Minnesota. The MPCA staff has inspected or visited the Facility on at least • three occasions during this same time frame. During the air quality inspection,MPCA staff reviewed the plant's hot mix asphalt operation and processes,pollution control equipment, and associated operating records. The Facility was found in compliance with its air quality permit and the air quality rules. The MPCA staff also' discussed the odor complaints with Facility management and staff during.the inspection and follow-up visits to make sure they were aware of the need to address this issue. The Facility has .made several improvements to address odors from the plant. These include: • Improved stack exhaust disbursal• ' • Capture of storage tank vapors • Capture of truck load-out vapors Capture of tank unloading vapors Improved mixing-drum technology During the visits, some prior was noted when standing close to the plant's operations. This is normal for this type of facility. In addition,odors were noted offsite from the Facility,but it was difficult to determine theii source. The State does not have rules governing odors. Typically, MPCA staff work with.a company to.try to make changes to minimize the impact. As stated _above, the Facility has made a number of changes to try to minimize the impact of odors. If. impacts continue,local zoning needs to be evaluated. St.Paul Brainerd Detroit Lakes I Duluth I Mankato.1 Marshall I Rochester I Willmar I Printed on 100%post-consumer recycled paper The Honorable Andy Welti Page 2 If you need any additional information,please contact me at 651-296-7636. Sincerely, Scott E.Parr Pollution Control Compliance Coordinator Air Quality Compliance and Enforcement Unit Industrial Division cc: Air Quality File No.431B