RE: J. P. Carrara & Sons, Land Use Permit #1R0589-3-EB (3rd Rev.), Amendment (April 21, 1995) Page # AMENDMENT CASE NO.: 1R0589-3-EB (Third Revision) LAWS/REGULATIONS APPLICANT: J.P. Carrara & Sons INVOLVED: ADDRESS: P.O. Box 60 10 V.S.A. Chapter 151 N. Clarendon, VT 05759 (Act 250) The Vermont Environmental Board hereby issues Amended Land Use Permit #1R0589-3-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 52, Page 267, of the Land Records of the Town of Clarendon, Vermont, as the subject of a deed to J.P. Carrara and Sons, Inc., the Permittee, as grantee. This permit amends the conditions of Land Use Permit #1R0589-EB and #1R0589-3, which authorize the Permittee to operate a rock quarry off Route 103 in Clarendon, Vermont, and supersedes Land Use Permit Amendment #1R0589-3-EB (dated February 2, 1994), Land Use Permit Amendment #1R0589-3-EB (Revised) (dated June 1, 1994) and Land Use Permit #1R0589-3-EB (Second Revision) (dated September 28, 1994). The Permittee and its assigns and successors in interest are obligated by this permit to comply with the following conditions: 1. The project shall be completed, operated and maintained in accordance with: (a) the terms and conditions of Land Use Permit #1R0589-EB and all amendments thereto, 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 #1R0589-3-EB (Third Revision); and (d) the conditions of this permit. No changes shall be made in the project without the written approval of the District #1 Environmental Commission. 2. Blasting and other operations at the quarry shall be conducted to minimize dust drifting off the site to the greatest extent possible. The Permittee shall use all reasonable measures to achieve this, including wetting down the quarry roadway to reduce dust. 3. Blasting operations shall be conducted so as to avoid the generation of flyrock. The Permittee shall use all reasonable measures to achieve this. 4. Maximum ground vibration from blasts at the quarry, as measured in terms of peak particle velocity, shall not exceed the limits depicted on the graph entitled "U.S. Bureau of Mines Criteria" from Report RI-8507 (November 1980), as shown below. Such measurement shall be made at the residence closest to the blast site at the time of the blast. 5. Noise generated from operation of the quarry, with the exception of blasting noise, shall not exceed 63 dBA L EQ at any point on the site owner's property line. The Permittee shall measure noise on the A-weighted scale with a sound measuring and recording instrument that will display and record the maximum L EQ for each time period measured. The requirement to measure non-blasting noise is subject to the following: (a) Throughout the first calendar month (subject to conditions 5(d) and 5(e) below) in which blasting and stone extraction operations occur at the quarry following issuance of this third revised permit amendment (the Monitoring Period), the Permittee will measure noise continuously. (b) The Permittee shall submit a report of the noise monitoring, including the original recordings, to the District #1 Commission within two weeks of when the Monitoring Period is completed. (c) On receipt of such records, the District Commission may, after opportunity for all parties to be heard, review the evidence and determine whether it is necessary to monitor continuously or whether less frequent monitoring is sufficient. (d) In no event may the Monitoring Period include less than 20 operating days. (e) In any event, the Monitoring Period must include a sufficient number of typical operating days so that the District Commission can make an informed decision. A "typical operating day" is a day on which noise- generating equipment is operating at the permitted project and which is representative of the noise from quarry-related equipment that adjoining landowners and neighbors experience on a regular basis. The District Commission shall be the judge of whether a sufficient number of typical operating days has been included and may order further measurements to achieve an adequate sample. Regardless of the dBA L EQ, noise at any point on the site owner's property line shall not exceed 85 dBA at any time. 6. Following the District Commission's decision under Condition #5, above, concerning frequency of monitoring, the Permittee shall submit monthly reports of the noise monitoring that include the original recordings to the District Commission. 7. Decibel readings on the linear scale from air blasts at the quarry shall not exceed the following Bureau of Mines criteria as measured at the residence closest to the blast site at the time of the blast: TABLE 11. - Maximum recommended airblast levels Frequency range of instrumentation Maximum level, dB 0.1 to 200 Hz, flat response. . . . . . . . 134 peak. 2 to 200 Hz, flat response. . . . . . . . . 133 peak 6 to 200 Hz, flat response. . . . . . . . . 129 peak C-weighted, slow response . . . . . . . . . 105 C. 8. Blasting shall take place only between the hours of 10:00 a.m. and 12:00 noon, and 2:00 p.m. and 4:00 p.m., Monday through Friday. No blasting shall take place on the weekends. These times shall be posted on a sign at the main entrance to the quarry. 9. The Permittee may detonate blasts at times other than those allowed in Condition 8 if it becomes necessary for safety reasons or in the event of unavoidable logistical problems in the drilling or blasting operations. In such event, the Permittee shall record the date and time of the blast and the reasons for it in the quarry blasting records, and shall file such records with the District Commission within seven days of any such blast. The District Commission shall retain continuing jurisdiction to reopen this condition if, in the judgment of the District Commission, the number of blasts outside the hours delineated in Condition 8 appears to be excessive. 10. A warning whistle, siren, or horn signal shall be used to warn the public immediately prior to each blast at the quarry. This warning device shall be audible outside for at least a distance of one-half mile from the blast location, and must be a device that is clearly understood by the members of the public as to its meaning. 11. If it has not already done so, within 30 days of issuance of this permit amendment, the Permittee shall file with the District Commission a proposal for a public information and notification program designed to educate the neighbors on the warning system, the time of day for blasting, and other aspects of the operation which the Permittee believes would be helpful in promoting the overall safety of the blasting operation at the quarry. The Permittee shall receive approval from the District Commission of a public information and notification program prior to conducting any further blasts at the quarry. 12. Prior to conducting any further blasts at the quarry, the Permittee shall conduct a pre-blast survey, in accordance with procedures recommended by the Mine Safety and Health Administration, of all houses and water supplies located within at least 2,000 feet of the ultimate quarry perimeter. The results of these surveys shall be retained by the Permittee and copies shall be made available to the owners of any residences surveyed, at their expense. In the event that permission is not granted to enter property for the survey, the Permittee shall retain proof that the survey was offered. 13. A recording of each blast shall be made both by a seismograph that provides a reading of the maximum decibel level on the linear scale and particle velocities expressed in inches per second, and by an instrument that provides a reading of the maximum decibel level on the A scale. The recording shall also include the pounds of explosives used, number and loading of delays, particle velocity print-out against the USBM graph, location of the recording instrument, and other information as may be necessary to fully monitor the noise and vibration from each blast at the quarry. 14. A seismograph that provides a reading of the maximum decibel level on the linear decibel scale (dBL) and particle velocities expressed in inches per second shall be located at the residence closest to the blast site at the time of the blast. An instrument that provides a reading of the maximum decibel level on the A weighted decibel scale (dBA) shall be located at that point on the site owner's property line closest to the blast site at the time of the blast. These instruments shall be periodically moved so that the noise effects of various size explosions can be measured in various directions from the quarry face, particularly in the direction of nearby residences. 15. The originals of all blasting records required by this permit shall be kept at the Permittee's principal business office, and shall be available to inspection by the public at reasonable times upon reasonable notice. The Permittee shall file true copies of any blast records with the District Commission within seven days of a request by the District Commission or the District Coordinator. 16. Upon written request to the Permittee by any members of the public who live within a 2,000 foot radius from the blast location and any other members of the public who live in such proximity to the quarry that individual notice is reasonable, on the day of and prior to each blast, the Permittee shall attempt to notify them by telephone of the approximate time the blast or blasts will take place. 17. Prior to conducting any blasts at the quarry, the Permittee shall develop and submit to and receive approval from the District Commission a written plan to implement the performance standards specified in the Bureau of Mines Publication 8925 at page 82 for reducing air blast and the performance standards specified in the Bureau of Mines Publication 8925 at page 80 for reducing ground vibrations from blasting. 18. At the conclusion of the first full operating season following issuance of this permit amendment, the Permittee shall submit a report to the District Commission specifying the specific measures which have been taken in accordance with the approved plans to reduce air blast and ground vibration impacts to as low a level as possible. In the event that the Permittee does not use all of the measures specified in the Bureau of Mines Publication 8925 for reducing air blast and ground vibrations, the Permittee shall indicate in the report the specific reasons for not using those techniques and what, if any, alternative measures to address those impacts will be applied. 19. Within 30 days from issuance of this revised permit, the Permittee shall submit to the District Commission for its review and approval a written plan to avoid the generation of flyrock and to minimize the generation of dust at the quarry to the greatest extent possible. 20. The District Commission shall periodically review the results of monitoring at the quarry to determine whether the various limits of noise, sound, and vibration in this permit are being complied with. Upon a determination that any of the limits are being exceeded, the District Commission shall refer the matter to the Board for revocation or other enforcement action, as appropriate. Dated at Montpelier, Vermont this 21st day of April, 1995. ENVIRONMENTAL BOARD s/s Samuel Lloyd _________________________ Samuel Lloyd, Acting Chair Ferdinand Bongartz Terry Ehrich William Martinez Steve E. Wright a:\carr4.per (v27)