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Agenda 03/10/2009 Item #16A 8 Agenda Item No. 16A8 March 10, 2009 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to direct Enginccring Review Staff to issue Commercial Excavation Permit Number 60.030, AR 12838, to Rinker Materials of Florida, Inc. and Barron Collier Companies for the project known as "Hogan Island Quarry". The project consists of 967.65 acres, more or less, sitting in Sections 9,10,15,16,21,22 of Township 47 South, Range 28 East, Collier County, Florida, more particularly sitting about 0.75 miles north of whcre Oil Well Grade intersects Immokalee Road. OBJECTIVE: To issue a Commcrcial Excavation Pcrmit Numbcr 60.030 t()r the project known as "Hogan Island Quan-y", AR Number 12838. in accordance with Article 4 of Chapter 22 of the Collicr County Code of Laws and Ordinances. The project is bounded on all sides by land zoned Agricultural with a Mobile Home Overlay (A-MHO). CONSIDERA TJONS: The petitioners are requesting an excavation permit for an "earth-mining" operation and related processing of materials in a Rural Agricultural (A).- Mobile Home Overlay (A-MHO) Zoning District on approximately 967.65clc acres (')1' a project to be known as the Hogan Island Quarry. The Conditional Use, CU,2006-AR- I 0805, for this project was heard by the Environmental Advisory Council on May 7, 2008 and the petition was recommended for approval with stipulations by a votc of seven in favor and onc opposed. The Collier County Planning Commission heard Petition CU-2006- AR-10805 on June 5, 2008 and by a vote of 9 in favor and 0 opposed forwarded the petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subjcct to the stipulations. Conditional Use CU-2006-AR-I0805 was approved with stipulations by the Board of County Commissioners (BCe) acting as the BZA, as item 1 7D on the BCC agenda of July 22, 2008. On January 7, 2009, the Environmental AdvisOl-Y Council (EAC), by a vote of 7 to 1, forwarded the Excavation Permit Application for the Hogan Island Quarry to the Bce with a recommcndation of approval with slipulalions. The Excavation Permit Application seeks approval of a limestone and sand quan-y (mine) on 967 acres to alJow the following: . Maximum of 740 acres of excavation area; . On-site related processing, but no asphalt or concrete batch ~making plant; . Systcm of internal roadways; . 12.77-acrc on-site preserve Mining activities will invo Ive excavating overburden and underlying limestone deposits through the creation of various cell pits. Two or three cell pits may be built at a time. As new cells are built, old cells are excavated to remove remaining underlying limestone. Blasting will be necessary as pmi of the mining operation, which would occur 6 to 8 feet below ground, but would only be conducted 1 Agenda Item No. 16A8 March 10, 2009 Page 2 of 15 during day light hours. Actual mining activities, however, would be implemented twenty-four hours a day. The aggregate processing plant, consisting of crushers and conveyors, would involve the processing of excavated materials. Stock piles of raw and processed product (limestone aggregate, sand) would be stored here. The plant would operate 12 to 16 hours per day. There will also be a small office building, maintenance shop/storage facility(s), parking areas, and above ground fuel and oil storage tanks. A system of haul roads would he built within the mining area around and throughout the various cell pits. These roads would lead to the processing plant near stock piles of excavated materials on-site. FISCAL IMPACT: The petitioner has paid fees in the following amounts: Excavation Permit Application $ 2,000.00 Excavation Permit Fee $20,000.00 Excavation Inspection Fee $ 2,400.00 Vegetation Removal Fees $ 3,000.00 Conservation Easement App Fee $ 300.00 Conservation Easement Clearing Fee $ 800.00 Total $28,500.00 GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDA nONS: On January 7,2009, the Environmental Advisory Council (EAC), by a vote of 7 to I, forwarded the Excavation Permit Application for the Hogan Island Quarry to the BCC with a recommendation of approval with the following stipulations: I. The applicant must adhere to the document titled "Conditions of Approval Hogan Island Quarry, CU-2006-AR-10805" and attached Appendix #1 "Hogan Island Dust Control Plan Rinker Materials." 2. The work area artificial lighting shall be shielded, downward-pointing (cutoff) lighting to minimize light spillage on to adjacent properties. 3. Flashing caution lights must be posted at the east and west ends of the Immokalee Road grade crossing of Camp Keais Strand to warn drivers of the imminent danger of panthers crossing the road. Said lights and signs are subject to the applicant receiving the appropriate pernlits. 4. A sign must be posted on the access road in both Spanish and English (in the area where the drivers would stack awaiting the opening of the quarry or other appropriate location) warning drivers of panthers crossing roads in the area. ,"'"'' 2 Agenda Item No. 16A8 March 10, 2009 Page 3 of 15 LEGAL CONSIDERATIONS: This item is ready for Board consideration. This item is quasi-judicial, and as such ex parte disclosures are required. A majority vote of the Board is necessary to approve this item.-- HF AC STAFF RECOMMENDATION: That the Board of County Commissioners direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.030 to Rinker Materials of Florida, Inc. and Barron Collier Companies for the project called "Hogan Island Quarry" with the following stipulation: All four Conditions of Approval listed above under Environmental Advisory Council Recommendations must be adhered to. PREPARED BY: Stan Chrzanowski, r.E., Engineering Review Manager, Engineering Review Services 3 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Page 1 of2 Agenda Item No, 16A8 March 10,2009 Page 4 of 15 Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.030, AR 12838. to Rinker Materials of Florida, Inc. and Barron Collier Companies. for the project known as Hogan Island Quarry C.U. The project consists of 967.65 acres, more or less, sitting in Sections 9, 10, 15, 16,21.22 of Township 47, South. Range 28 East. Collier County. Florida, more particularly sitting about 0.75 miles north of where Oil Well Grade intersects Immokalee Road 3/10/20099:00:00 AM Prepared By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Engineering Services Date 2/19/20094:04:09 PM Approved By Nick Casalanguida Transportation Services MPO Director Transportation Planning Date 2/23/20098:15 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 2/23/2009 8:45 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date 2/24/2009 9:56 AM A pproved By Heidi F. Ashton County Attorney Assistant County Attorney County Attorney Office Date 2/24/200910:26 AM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmf!ntal Services Director Environmental Services Date 2/24/200911:24AM Approved By David Weeks, AICP Community Development & Environmental Services Chief Planner Comprehensive Planning Date 2125/2009 9:45 AM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Comprehensive Planning Date 2/25/2009 11 :26 AM Approved By file:/lC:\AgendaTest\Export\125-March%20 1 0, %202009\16. %20CONSENT%20AGENDA \1... 3/4/2009 Page 2 of2 Agenda Item No, 16A8 March 10, 2009 Page 5 of 15 Jeff Ktatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/26f2009 3:11 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 2/27/20099:06 AM A pproved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2127/20099:28 AM Approved liy James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/3(20099:52 AM file://C:IAgendaTestIExportI125-March%20 1 0,%202009116. %20CONSENT%20AGENDA II.., 3/4/2009 comU') <{o~ (DO_ ~ ...-NO )''-0 < ! - Q) " , , . E TI ~ . " , Q)~o.. _ro , . -;;;2 '0 C a. OJ 0> ID 0 <( <{ .. ~ '" < 2 '" oJ CD . , . . Z - . Z 0 0 -< 0 0: I:J N 0 ~ ~ -< ~ i5 " " T <n w . ~ n. -< '" z 0 - , , . ., . 0 , . . . '" <( '" 0 0 '" ~~- / Z- - => () .. z 0 f- f- W 0- U 6Z 'C1'S 0..1 n <( ~ 2 0' " ~ z " . 0 d , 1 ! - I- " d <( () 0 " " 195 '~r:) .....J ~ ~ I ~ ~ 2L-1 .' .~ "" 6. A~enda Item No. 16A8 - March 10, 2009 Page 7 of 15 COLLIER COUNTY GOVERNMENT November 18, 2008 Community DevelopmeDt and EnviroDmeatal Services Division DepartmcDt of Zoning aud Land Developl1lClll Review 2800 North Honeshoe Drive . N~1es, PIorida 34104 Robert MuIbere, AICP RWA,Inc. 6610 Willow Park Dr., #200 Naples, FL 34109 REFERENCE: CU-2006-AR-10805, Hogan ISland Quarry , fo)m:@~lrW~~ m tlOV 2 1 2008 & Dear Mr. MuIhere: On Tuesday, July 22, 2008, the Board of County Commissioners heard and approved Petition No, CU-2006-AR-I0805, A copy of Resolution No. 08-218 is enclosed approving this use. Please be advised that Section 10.03.05.B.3. of the Land Development Code requires an applicant to remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) inunediately, If you have any questions, please contact me at 252-2958. ~ Melissa Zone Principal Planner M7hp Enclosure cc: B81lOn Collier Investments Ltd, 2600 Golden Gate Pkwy Suite 200, Naples, FL 34105 Land Dept. Property Appraisel" (Site Plans) , Addressing (Peggy Jam:lI) C tIStomer Service M. Ocbeltree, Graphics Files (Records &; Planning Dept.) Front Desk Planner (if PUD) c o I~~ . y c D N K . " Phone (239) 252-2400 Fax (239) 252-6968 or (239) 252-2913 WW\v.collicrgov.uct Agenda Item No. 16A8 March 10,2009 Page 8 of 15 -' RFSOumONNO.08 --218 _. A RFSOLUITON OF THE BOARD OF ZONING APPEALS PROVIDING FOR TIm BSTABLlSHMBNT OF A CONDmONAL USE FOR AN EARTH MINING OPERATION IN TIm RURAL AGRICULTURAL wrm MOBILE HOME OVERlAY (A-MHO) ZONE DISTRICT FOR A PROJECT TO BE KNOWN AS HOGAN ISLAND QUARRY FOR PROPERTY LOCATED OFF IMMOKALBEROAD IN SECTIONS 9, 10, 15, 16,21, AND 22, TOWNSIDP 47 SOUTH. RANGE 28 BAST, OF COU.1BR COUNTY, FLORIDA. WHEREAS. the Legislalurc of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has confcm:d on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are ne<:essary for the protection of the pobJic; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprebeosive Zoning Ordinance cslllblishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Boanl' of ZMling Appeals (Boanl),. being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for an earth mining operation in the Rural Agricultura1 with Mobile Home Overlay (A-MHO) Zoning District pursuant to Subsection 2.03.01.A.1.c.1. of the Colliec County Land Development Code on the property hcreinaftec described, to be known as Hogan Island Quarry, and the Collia County Planning Commission has found as a matter of fact (Exhibit . A") that satisfactory provision and an:angement have been made concerning all applicable mattel1l required by said regulations and in accoolance with Subsection 1O.08.00.D. of tile Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THBRBFORE, BE IT RFSOLVED BY THE BOARD OF ZONING APPEALS' OF COlLlER COUNTY, FLORIDA that: , , Page I of2 Agenda Item No. 16A8 March 10, 2009 Page 9 of 15 The petition filed by Robert J. Mnlbere, AICP of RW A Consulting, Inc., representing Rinker Materials of Florida, Inc.. with respect to the property hereinafter described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a Conditional Use in the RDraI. AgricuItma1-Mobile Home Overlay (A-MHO) Zoning Dislrict for an earth-mining operation for a project to be known as the Hogan Island Quarry, in accordance with the Conceptual Master Plan (Exhibit "C"), subject to the conditions set forth in Exhibit ''D,'' which is attached hereto and incorporated by reterence herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this.;J. day of :fu.\y .2008. ATI'EST: . DWIGHl' E. nROCK, CLERK BOARD OF ZONING APPEALS :'?L"b-- TOM HENNING, . .,........ . n,~ ". " " :~;;~:...'::~.~~, . _ ...i,... ( ~ ~ -.. :.~lJ. L""<- ~ii~.J~&~ CLERK SI.'f9;,.~}if! VJ&.~'>';'~ .. . . .4J-.~:~. ,..~, A '~,.,.'.:.:~' ppro .' " !III:w....'Ju and leg81 silfficrency: , O1I{J~f( 'i.,Oh...{1rJJ''''''-}~ Mmjori tudent-Stirling Assistant County Attorney Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit 0: Findings of Fact Legal Description Conceptual Plan Conditions of Approval CU-2007-AIl-10l0SlMMSS (SI%WlI) Page20f2 Agenda Item No, 16A8 March 10, 2009 Page 10 of 15 ,- LEGAL DESCRIPTION I : .-.....+- , ,'".' , .,. "",:v>.",;,,",QrP,lY:J..~'!1.QJII:' ", :',.,.,,--,,-,< -. _~.,,-. '- .'. 0 . - . '- "'"c,'" I Sec:tlon(I)JToWMhlpfltanp 9.10.15.16.21. & 22/ .47 / 28 Lot, B1oc1a Subcllvlslon. Plat Book Page #s I'tapedy LD.#S 0011-, 00114320100. oo11456C1OO9s oo11436l1llll5. 00114040105. 00114320003. 00114080000 ... ooll40801<JT M_ & Boundl Description: Ref... m survey. lndud.d wllh this submittal SIZE Of PROPERTY, varies ft. X ~ ft. = Total Sq. Ft. .42.150.643..45 Acrel -' 26ZM ADDRESSIGENERAL WCAll0N OF SIJJJBCT PROPERTY: Located _d north. and soa. arOft Well Gnde Rmut. in Rand Collier CoUlltv. a1llll'O..m."- one mile BOrth ofImmokalee Road in Seetiou 9. 10. 15. 16.21'- & 22. TOWIIIhiD 47 South. ]lan... 28 Ii'...of. Coller Coantv. florida. ' ' - Exhibit "B" Agenda Item No. 16A8 March 10, 2009 Page 11 of 15 : f I .. 'Ii~ If I I ~ I III~ d lIl!illl lUlllll : III II t I 1 I ! 2 ! ~ -11:llii:'I- ilUdtl' III II J~- 1 II I Is ~ I i I ~- / I )1 '-...... ~ II III ~ ~ U ~ ~ ~ ,Q :a r-1 Agenda Item No, 16A8 March 10, 2009 Page 12 of 15 CONDmONSOFAPPROVAL Hogan Island Quarry CU-2006-AR-I08OS Phmnln. 1. Tbc.re shall be no aspbaItic batch plant use. 2. The Conditional UlIC to allow constnICtion rnatcriaIs mining shall be limited to that which is depicted on tbo conccpCual sile plan, identified IS !be "Hogan Island Quarry Conceptual Conditional Use Plan- dated J_ 2lXl6. a 9 pap pIan. plepared by RW A Consulting, Inc. 3. Excavation shall be limitcd to tbc 3 or fewer proposed lIIkcs (COIISisling of 7 mining cclls comprlsIng 700 1IIn8) for 1I~ lIIId IIlIIId miniDg totBIing no more !ban 740 acres of excavated area (post conatnJCtion) IS permitted by tbc Flodda DcpartmcDt of EnviromnentaI Protection (FDEP). 4. The sile pIan JIOled is conccptuaI in nature for Conditional Use approval, The final design must be in compliance with all appJic:abIo federal, alalo and COUDty laws and rogu1ations. Tho Departmont of Zoning and Land Development Review Dln:ctor may approve minor changes in tbc location. siting. or height of buildingl, stroclnteS, and improvements autborized by this conditional use, so Ioug IS these minor changes remain conaislent with all applicable ckwclopmcnt atandanIa. 5. Expansion of uses identified and approved within this Conditional Use approval, or major chsnges to tbc approved pIan, shal) require the aobmiaal of a new conditional use application, and shal) comply with all appllcablo County orrl~ in effect at the time of submittal, including Cbap1er 10.02.03, Sile Development Plan (SDP) review and approval, of tbc Collier County Land Dcvelopmont Code, OrdilllUlcc 04-41, IS amcodcd. Euyl...u...--ntaJ. Servlees l. Prior to issuance of an cxcavatioo permit, tbc applicant shall dcmonstraIe compliance with Policy 5.63.f. of tho Future land Use BIemont of !be Orowlb Mmapmont Plan. If sgeacy permits hllve not provided for wetland mitigation COIIIiIleDt with Ibis Policy, CoIller CoU!1lY will require mitigation (:MIl'1v-t with this Policy. . 2. During tbe mview of tho sile dcvclopmcllt plan, tho wetland Jillll approved by the Florida Departmont of Environmental Protection shall be delinoatcd on tho sile pIan. 3. Restoration planting plan and conservation casement approval for on-sile and off-sile preserves sball be mquin:d prior to approvsI of Ihe cxcavstion pcnnit or devc10pmcllt ordc.r prior. Recording of Ihe COlIlICIVstioo A -TlT......t shall be n:quirod witbiD 90 days of first development ordc.r approval. 4. The applicant shall obtain and pIq)lII'O cxcavalioa permit COIIIlIUCtion drawings consistont with, wrillen Tccbnical "aolohnu;c from US FIsh lUIll WlldUfe Service and Florida FIsh and Wildlife Coosorvation Commission prior to ill8UllllCO of tbo cxcavstioo permit. CU-280'-AR.I0805 AITACBMENTD, ~ Agenda Item No. 16A8 March 10, 2009 Page 13 of 15 S. Littoral sbcIves for wading blnls sball be COIIIIIuCled around areas designated "OM.I" and "OM-2In addition to thole shown on tho slID plan. 6. Eacb well wltbln tho CXl:llvatlon area &ball be plugged puI51WIt 10 ~ regulations below the excavation le\IeI prior to excavation In tho ;.....""'lI11Ie area. 7. 1'bere sbaIl be no dcwaledng Cor llltCllY8Iion purpoaea. 8. Excavation deplb8 sba1l not e.xceed 40 feet or tho "l'I""udlSt level of tho confining Iayor, wblc:bcYer is lesL 9. No explosive chirp wbich contain diesel fuel sbalI be UBCd including explosive producls conllliDiDg beo?.(:I1f'. 10. Blasting activities sbal1 occur between lOam and 3pm. MOIIClay lhroDgh Friday. Blasling sball be limited to one bllSt per day, or an avemge not to exceed three blasts per week. Blasting after 3pm (but DO IaIec than Spm) sball be permitted only if blllSling daring RlsuJlII' boon is prevenk:d or utkuuplW by adverse weaIher conditions such as electrlca1 or lbnnderstolTllS. 11. The dusl CODIrol plan ."""'-1 IS Appendix 1 hereto sball be impklmcDIIld dndng the lmD of the mining operations. 12. The easlmlmOSl boundary of tho eastern CXl:llvalioo cell sba1l have a 350 foot setback from lbe adjacenl Habitat Srewardship Area (HSA), and the ....sbuuaOSt boundary of lbc nortbcaslm1 ccIl shall have a 14S foot ~ from tho llCIj_~ HSA. 13. The applicanl shall provide IS acreI of 1lttora1 sbDlf with littoral plantingJ. 14. The applicant sbal1 be subject to all commitmenlS and/or conditions IIIIIdD on pages 'rllbrough 31 of tho Bovlronmental Impact SlaleDIeIIt (BIS) (dak:d March 20, 20(8) and submitted IS part of this Conditional Use Application ....,..,h...t hereto as Appendix 2. Should \:he conditions or stipulations set forth in the Bovil'OllJDCl\laI ReIouIce Pcnnlt (HRP) or other required pmnlls from SIlllc or &doraI jorisdictjonal agaoc:ies differ from pages n through 31 of the BIS, tho pmnlt conditions shaI1l8ke ~~. TnmmortaUon 1. Tbe applicant sbaJl provide a $1.00 payment, or other twa"l"iate amount to be dotennlned by a ~ """""'ment to the Land DcveIopfnent Code or Code of Laws and Ordinances IS the C8SlI may be, Cor every loaded vel1iclD wbich exits the site. The paymeIIlS shall be made quarterly to Collier County. 2. The applicant sball be fully responsible for de&lping. pe...alting. and constrocllng botb left and rlgbt tom lanes at the project enuance on Jmmotalec Road and a wesl bound acceleration lane on ImmoIcaIec Road per FOOT standIlrds. An east lxnmd acee1eration lane or an ... ~tA8ble alternate improvement sha11 be identified and approved in coordination with Transportation Planning Staff during the fint year of operation of the quarry. The improvement sbaIl be identified prior to the submittal of the first lIDJlQal monitoring report. CU.2006-AR.I0805 A'ITACHMENTD Agenda Item No, 16A8 , March 10, 2009 Page 14 of 15 - Construction of the improvement sball be compleled prior to approval of the second annual monitoring Ieport. 3. The applicant sbaII provide traffic monitoriDg reports eYm)' six months 01' alternatively may inst8Il2 pennanent count stationa per County 8IaIlduds when n:quesled to do so by the County. 4. The County will perlorm annual random intcrsoc:lion IIWJIClI at Bvcrglades Boulevanl and JrnmnlrRlee Road in the first three ~ of operation md, if at such Iimll the site gencntcs trips during the 3-year slUdy period that Olleoed 40 left tumiDg DIOWIIJIlIltS from Immokaleo Road onto Bverglades Boulevard, then the applicant sbaIl dcaip. permit, and construct a westbound to southbound left turn Jane on Inunokalcc Road to Bveqlades Boulevard when requested to do so by the Connty. s. The County and applicant ~ that lilY road plmD (i.e.. lIIm Jaucs. acccIention 1aoes and so for1h) sbown in the Cooditional Use appI1ca1lon IIle conc:cpIual. Fmal consttnclion p1aos shall be BUbmiIll:d through the rigbt-of-waypermit proccIS IIIlhball be lIIbject to full mview. 6. The applicant agrees to pay a fair share cost of a wiJdIife crossing on Immokaleo Road In a location to be cIetermIncd most "I'l"-~ to benefit the Florida Pmther and other species after COIISllltation with oppwpriate slate and 1i:dcnl jurlIdIcdonaI ageocics. The fair slIlw cost shall be a pcrcen1llgc of tho tolIIl cost of a wildlife crossing. not to exceed $20,000, based upon the project's Traffic Impact Statcmem (TIS) estimallld totaI trips as c:ompared to the County approved service volume of the I'lIluD 4 or 6-1aoe condition for ImmokaIce Road. Payment shall be made within 90 days of request by CoIliel County TnmspoIlation Services DlvlsioD, but not later than the ~on of the Conditional Use wJc-tlon or approval. as the case may be. .- CU.1OO6-AR.I0805 A'ITACHMENTD Agenda Item No. 16A8 March 10, 2009 Page 15 of 15 BOGAN ISLAND DUST CONTROL PLAN Rinker Materials The purpose oftllis pIaa is to control the fugitive d1lSf emissions for the Hogan Jslud Qnarry. In order to coatrol the fagitive dlllt the following m_res have __ Implemeoted. 1. A fire wuh lI)'8tem 1riII he IuIIIIIed to wuh dnat ftoom the wheels IlIId lIIlderbody of allutal traeb aItIDg the faciICy. TIdI"'" dlreellI water 1UIder pressure at the wllee1s aDd tIte aadenldc of eadl veIlicIe u it paaes throagh. In the _t the fire _h syatem Is Iaoperable, fi'eq1Ieacy for cleulng the paveIIlent Ia 1UId aJ'01llld tile .caIa aad edt will be Iacreued. 2. HanII'Olldl wlII be watered 0_ _ry two 1I0an by means of a 177B CaterpiDar Water Track. (12,000 gaUo..) with water caDROD. In the evellt oftllis track. belag Iaopel'llble, .... roads 1riII be watered by the Mac:k Water Tnck. every 2 honn. If tile 777B Is detennlaed to be dowll for IlII exteDded period of time tIIen IlII additional water tnIck 1riII be reDtaI. 3. TIle yard, pavemeat Ia ad aroud the IClIleIllIId lite quarry eatruced wID be swept with a Halsey Ferguoll tractor with a bl'OOlll attacluDent aud .pnyed with a Mack. Water Track. (2,000 gaIIou) with sprayer nozzl.ud hOle. 4. TIle aa:eleratloD laae wID he swept with the tractor with a broom aUachment aud sprayed with tile water track. nil will be on a III aeeded basil. 5. PreclIloIl Cleuiag 1riII contine to be lIIed iD the eveuIag after lhipplag honn for the ....eepIac of tile road. TIle WJcnl'lIlg aras 1riII be swept by PredIIon CIeulng: 50 yards eat of the quarry eatnmce, tbe aceeleratioalane, aud 50 yards -west of tile acc:eleration lane. If the above m_ are not F~t to coatrol the fugitive dut. then the frequeney of iCeIas 2, 3, 4 ad 5 will be iD__ to briDg the dust In colltrol. A'PP"; D I )(.