Final

Memorandum of Understanding

This Memorandum of Understanding shall memorialize the intent of the City of Fort Collins, CO (the
City), Martin Marietta Materials, Inc. (MMM) regarding the Asphalt Plant located at 1800 North Taft Hill
Road, Fort Collins, CO.
Background:
This MOU was signed by MMM and the City after a final meeting held on February 11, 2015 at City Hall,
300 LaPorte Ave., Fort Collins
Attendees:
Jeff Mihelich, Deputy City Manager
Karen Cumbo, Director of Planning, Development & Transportation
Melissa Hovey, Senior Environmental Planner
Karen Hare, Citizens Against Asphalt Toxins
Dr. Kevin Pass, Citizens Against Asphalt Toxins
David Lemesany, Martin Marietta Materials, Inc.
Kenneth Ball, Martin Marietta Materials, Inc.
After weeks of discussions, the City and Martin Marietta have agreed to the following.

Martin Marietta Materials, Inc.:

1. Agrees to make data available to the City of Fort Collins as follows:
Allow the City to view the compliance testing and sampling data, required under conditions 15
and 16 in Permit No. 13LR2446, at the time it is submitted to the Colorado Department of Public
Health and Environment (CDPHE).
Allow the City to view the operating and maintenance (O&M) plan along with the recordkeeping
format, required under condition 14 in Permit No. 13LR2446, at the time of submittal to CDPHE.
Provide a hard copy of the Final Permit No. 13LR2446 to the City.
Allow the City to view daily, monthly and annual records of the plants production. The data will
include:
o Daily start-up and shutdown times
o Production temperatures
o Baghouse pressures
o Daily and monthly production rates and tons per hour
o Rolling 12 month production rates
o Monthly emissions calculated from recorded production, i.e.:, PM, PM10, PM2.5, NOx,
CO, VOC and SO2
o Malfunctions and remedy
o Emission control devise maintenance records
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o Opacity observations and reports

o Recycled asphalt (RAP) use as percent of production.
Data will be available to a City representative once per quarter and will be scheduled no later
than 24 hours in advance. Data will be made available at the Martin Marietta office located at
1800 North Taft Hill Road, Fort Collins, CO. No records will be allowed to leave the premises and
no copies of records will be made.

2. Commits to Reduce Emissions as follows:

Comply with all rules and regulations of the Colorado Air Quality Control Commission and the
Colorado Air Pollution Prevention and Control Act C.R.S (25-7-101 et seq), and to all general
terms and conditions included in Permit No. 13LR2446 Issuance 1.
Install vertical liquid asphalt cement (AC) storage tanks by June 30, 2015
Install new high efficiency hot oil heater by June 30, 2015.
Perform stack testing on the main stack every 3 years using EPA approved methods for
particulate matter, carbon monoxide, and oxides of nitrogen emissions as outlined in Permit No.
13LR2446 Issuance 1. In addition, MMM agrees to perform stack testing and analysis every
three years for total volatile organic compounds (VOCs) using EPA method 25A or equivalent.
MMM also agrees to perform initial stack testing and analysis for the following compounds, at
the same time as initial compliance testing required under Permit No. 13LR2446, using test
methods referenced in 40 CFR Parts 60 & 62 Appendix A methods 1, 2, 3A, 5, 18, 202 and 320 or
equivalent:
o Formaldehyde
o Hexane
o Toluene
o Benzene
o Ethyl benzene
To improve potential fugitive emissions, on-site haul roads leading to or from the asphalt plant
loading facility will be paved by June 30, 2015.
Continue to implement the established response protocol when investigating any odor
concerns.
Establish the entire asphalt plant site as a no idle zone.
Require all asphalt trucks to cover loads when leaving the plant site.
All newly purchased diesel engines and equipment including plant loader and trucks will be Tier
4 compliant. All engines will be equipped with automatic idle control.
Continue to utilize natural gas as the main source of burner fuel.
Use a hand held gas analyzer to ensure burner efficiency.
MMM will not use (RAS) shingles or (RTA) recycled tires at this facility for the manufacturing of
HMA.
Conduct monitoring of employees health every 2 years, including testing for PM and soluble
benzene.
Sweep the bike lanes along Taft Hill Rd. from the bridge over the Poudre River south to the top
of the hill near Stonecrest Drive two times a month or when needed.
Maintain drainage under stockpiles and yard.
Continue to look for reasonable solutions to improve asphalt plant performance
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3. Potential Site Improvements:

Install landscaping and fencing to improve visual impact of the plant from Taft Hill Road.
Upgrade REA power lines from CR 54G south at an approximate cost of $300,000. Upgrade will
improve distribution of electricity for immediate surrounding communities.

City of Fort Collins:

1. Per the direction of City Council, City staff shall promptly prepare and present an amendment to the
City of Fort Collins Traffic Code to require all trucks carrying aggregate, asphalt or sand to be
covered when traveling on City streets. Approval of the amendment is in the City Councils
discretion.
2. Will modify its asphalt purchasing specifications for purchases made from the Martin Marietta
Asphalt Plant on North Taft Hill Road to require all trucks used for City work associated with that
contract to enter and exit the 1800 North Taft Hill Road site from the North to CR 54G. Subject to
negotiation of a mutually agreeable change order or contract amendment between the City and
MM.
By signature the parties hereby affirm the statements made herein.

____________________

________________________

Darin Atteberry, City Manager

City of Fort Collins

Date

____________________

_________________________

David L. Lemesany

Date

Regional VP/GM Asphalt & Paving | Rocky Mountain Division

Martin Marietta Materials, Inc.

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