RE: Crushed Rock, Inc. and Pike Industries, Inc., L.U.P. #1R0489-4-EB (Amended)February 18, 1994 AMENDMENT CASE NO.: 1R0489-4-EB LAWS/REGULATIONS INVOLVED: APPLICANTS: CRUSHED ROCK, INC. 10 V.S.A. Chapter 151 and PIKE INDUSTRIES, INC. by (Act 250) Stephen W. Kimbell, Esq. Kimbell & Sherman P.O. Box 1280 Montpelier, VT 05601 The Vermont Environmental Board hereby issues Amended Land Use Permit #1R0489-4-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 49, Pages 293 through 299, of the Land Records of the Town of Clarendon, Vermont, as the subject of a deed to Crushed Rock, Inc., the "co-Permittee" as grantee. This permit amends the conditions of Land Use Permit #1R0489-4 as issued by the District #1 Environmental Commission, which authorizes the Permittees to operate a stone quarry located off of Route 133 in the Town of Clarendon (the Quarry). The Permittees, and their assigns and successors in interest, are obliged by this permit to comply with the following conditions: 1. The Quarry shall be completed, operated and maintained in accordance with: (a) the terms and conditions of Land Use Permit #1R0489-4, except as amended hereby; (b) the plans, exhibits, and testimony submitted by the Permittees to the Environmental Board; (c) Findings of Fact and Conclusions of Law #1R0489-4-EB; and (d) the conditions of this permit. No changes shall be made in the Quarry and the trucking operations associated with the Quarry without the written approval of the District #1 Environmental Commission. 2. Conditions 19 and 20 of Land Use Permit #1R0489-4 as issued by the District #1 Environmental Commission are stricken in their entirety. 3. Up to a maximum annual amount of 260,000 tons of aggregate material may be hauled each year from the Quarry for the duration of this permit. There shall be no carry-over of unused hauling capacity from one year to the next. 4. No more than 85 truck loads per weekday and 20 loads on Saturday of aggregate material may depart from the Quarry. There shall be no carry-over of unused loads from one day to the next. When the maximum of 85 loads weekday or 20 loads on Saturday is reached, Pike Industries shall cease aggregate hauling operations for that day. 5. Loaded trucks shall depart from the Quarry no more frequently than one departure every 6 minutes. Trucks hauling aggregate material from the Quarry shall be no larger than 10-wheel, 14 yard dump trucks. 6. The mufflers on the trucks used to haul aggregate material shall be well maintained and in compliance with all applicable state and federal laws and regulations. Pike Industries shall not use any truck for the hauling of aggregate material if its muffler system is not properly functioning. 7. Pike Industries shall be responsible for keeping all truck drivers reminded of the speed limits on Route 133/Clarendon Avenue, and that Clarendon Avenue is an area with a high volume of pedestrian and bicycle traffic. Pike Industries shall also be responsible for ensuring that the bed of each truck leaving the Quarry with aggregate materials is covered with a suitable material to provide dust and fugitive stone control. 8. There shall be no convoying of trucks on Route 133/Clarendon Avenue. A convoy of trucks is two or more trucks traveling together. 9. Pike Industries shall hold an open house on a saturday prior to the start of each operating season to discuss safety issues with the residents of the Town of West Rutland (the Town). 10. Pike Industries shall send written notice of the day and time of the open house at least three weeks in advance of the open house date to the District #1 Environmental Commission Coordinator and the Town. 11. Pike Industries shall identify to the Town the name and telephone number of a designated employee at the Quarry who can be contacted regarding safety issues. Pike Industries shall also identify to the Town the name and business telephone number of its safety officer, or a designee of the safety officer, who also can be contacted regarding safety issues. 12. The Town may choose to designate and identify to Pike Industries its own employee who can be contacted by Pike Industries regarding safety issues. 13. Pursuant to Pike Industries' offer, Pike Industries shall pay, annually, as a toll to the Town $0.10 (ten cents) per ton of aggregate material hauled from the Quarry, in excess of 80,000 tons per year, adjusted annually by the rate of inflation set forth in the federal government's consumer price index, for the life of the permit (the Toll). 14. For the year 1994, the Toll shall be $0.10 (ten cents) per ton in excess of 80,000 tons of aggregate material hauled from the Quarry. Thereafter, on or before each March 15 of the year following the close of the preceding calendar year, Pike Industries shall submit in writing a statement to the Town stating what the rate of inflation is pursuant to the federal government's consumer price index and what the Toll rate shall be for that year. 15. Pike Industries shall pay the Toll to the Town on or before March 15 of each year following the close of the preceding calendar year. For example, the payment for the calendar year 1994 shall be due on or before March 15, 1995. 16. Pike Industries shall include with the Toll payment a written summary, based upon its business records, of how many tons of aggregate material, and how much aggregate material in excess of 80,000 tons, was hauled during the calendar year for which payment is being made. Both monthly and cumulative amounts shall be documented in the summary. Pike Industries shall retain in orderly form for 5 years from the end of each calendar year the daily records from which these monthly and cumulative summaries are complied and shall make them available for audit by the Town once a year on 14 days written notice. 17. Pike Industries' obligation to pay the Toll is contingent upon the Town's opening of an FDIC insured bank account (the Toll Bank Account). The Toll Bank Account shall be used only for the deposit and expenditure of the Toll funds paid by Pike Industries. Any interest earned from the sums on deposit shall remain in the Toll Bank Account, shall accrue to the benefit of the Town, and shall not reduce Pike Industries' obligation to pay the annual Toll to the Town. Within ninety days of either the expiration of this permit or its abandonment by the Permittees, any funds remaining in the Toll Bank Account shall revert to and become the property of Pike Industries. 18. Upon 14 days written notice to the Town, Pike Industries shall be entitled to examine all of the records of the Toll Bank Account once a year. Such records include, but are not limited to, all records of deposit and expenditure. 19. Pike Industries' continuing obligation to pay the Toll shall be contingent upon the Toll being spent on those costs which have been identified by the Board in its Findings of Fact, Conclusions of Law, and Order as being expenses which may arise from Pike Industries' usage of Clarendon Avenue. This may include the roadway maintenance described in Finding of Fact #68 of the Board's Findings of Fact, Conclusions of Law, and Order; the improvement, extension, or expansion of the existing sidewalks or roadway shoulders; the widening of Clarendon Avenue; the construction of bike paths; the monitoring of traffic patterns to assess whether new traffic signs or traffic signals are necessary (but not until the 1997 Quarry operating season); the installation of new traffic signs or traffic signals; the employment of crossing guards to protect the safety of children who use Clarendon Avenue; the holding of safety programs for children who use Clarendon Avenue; and any other project relating to the maintenance of, or safety along, Clarendon Avenue. 20. To the extent that the cost or obligation of performing roadway maintenance for Clarendon Avenue is assumed by the state pursuant to the provisions of 19 V.S.A. § 306a, the Toll shall not be used to pay for the roadway maintenance of Clarendon Avenue. However, the assumption of roadway maintenance for Clarendon Avenue pursuant to the provisions of 19 V.S.A. § 306a shall not abate or relieve Pike Industries of the obligation to pay the Toll pursuant to the terms and conditions of this permit, or prevent the Toll from being used to pay for those other additional costs identified in Condition 19. 21. Pike Industries obligation to perform the improvements identified in Finding of Fact #68 of the Board's Findings of Fact, Conclusions of Law, and Order shall be contingent upon Pike Industries' receipt within sixty days of the date of this permit from the Town of a written acceptance of Pike Industries' offer to perform the improvements. If Pike Industries offer is accepted by the Town, Pike Industries shall commence the construction of the improvements identified in Finding of Fact #68 no later than June 1, 1994, unless otherwise impracticable due to weather conditions, lack of materials necessary to complete the improvements, or any other major unforeseen event, or unless otherwise agreed to by the Town. Dated at Montpelier, Vermont this 18th day of February, 1994. ENVIRONMENTAL BOARD _________________________ Elizabeth Courtney, Chair Ferdinand Bongartz Terry Ehrich Lixi Fortna Arthur Gibb Samuel Lloyd William Martinez c:\permit\crush2.per (d1)