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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF TffiS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: February 13, 2006 TIME PREFERRED:
SUBJECT: (Please be specific). Consider and discuss matters contained in the
"Community Covenant" between Burnet County and Capital Aggregate of Austin, Texas;
methods by which a similaz agreement might be negotiated between Kerr County and
Wheatcraft, Inc., addressing activities related to mining and rock crushing such as noise,
truck traffic, blasting, storm water dischazge, etc., if legally possible to do so.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Cou~y
Attorney, Road & Bridge/Flood Plain Administrator.
ESTIMATED LENGTH OF PRESENTATION: Undetermined.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and coazributes towazd your request being addressed
at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
FEB 02 ~~0t"• 14~ 12 FR SEYaTOR FP,f+SF_R 712 47`" 3??2 TO 91'ci3f!~'7~22218 P.'e-11i B5
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FAX TRANSMISSIO'_V
The information contained in this facsimile ~ansmission maY contain conf'idantial information and
is intended only for the recipies!t named below. If you have received this fax in error, please notify
us (512) 463-0?24.
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COMPANY:
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REMARKS:
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FEB ~~ ~~E5 141' FR SENRTnR FRRSER ~1~ 47F~ '7~2 TJ 9S~a1~79~2218 F.0c~~
COMMUNITY COVENANT
This COMMUNITY COVENANT (the "Agreement's is entered into as of the day of
]anuary, 2005, by and between 8umet County, Texas ('"the County', and Capitol Aggregates,
ltd., a Texas limited partnership ("Capitoi'~.
RECITALS
WHEREAS, Capitol desires to continue operating an existing quarry facility in the County,
known as the "Marble Palls Quarry' (the "Quarry';
WHEREAS, Capitol mist obtain an air emissions permit (the "Permit's from the Texas
Commission ar. Environmental Quality ("TCEQ"} to Implemenk its operation plans for the
Quarry;
WHEREAS, Capitol has satisfied all of TCEQ`s administrative and legal requirements for
the Permit;
WHEREAS, the County has expressed concerns about Capitol"s proposed operation of
Use Quarry;
WHEREAS, to address community concerns, the County has requested cer,ain
concessions from Capitol regarding its operations at the Quarry;
WHEREAS, Capitol desires to demonstrate its honorable intentions and good will to the
County;
NOW THEREFORE, the Caunty and CapitAl hereby agree as follows:
AGREEMENT
1. Blastinq: At its other quarry cperat{ons in Central Texas, Capitol typically blasts
once a day, and always during dayliyht hours as a matter of safety. Capitol abides by all
applicable rules and regulations, as they may be amended from time to time, and will continue
t© do so. if the County receives a complaint about Capital's blasting, Capitol will make available
to the County for inspedinn or, request, relevant infomration about the blast that is the subject
of a complaint, which will include seismographic retordS and, in most instances, a videotape of
the blast. Capitol will provide information about iii Quarry operations to County economic
development o~cials as may reasonably be requested and discuss its Quany operations with
representatives of businesses that are considering kxadng near the Quarry.
2. Lights: To minimize "light pollutian,°` Capitol will employ technology for directed
lighting on its facility for any new lighting that Capital installs at the Quarry.
3. Transportation safety: Capitol has wnsulted the Texas Department of
Transportation ("TxdOT'~ about Improving US 281 at the Quarry entrance with acceleration /
deceleration lanes and a turn lane as a safety measure for Capitol°s employees, customers and
the general public. TxDOT has estimated that ttx~e improvements will cost about
FEB U72 ?e~©6 1=i~ 1? FR '_vENfaTLR FRaSER 512 ~^S =7~2 T7 '31~3G"779222.8 F'. a3%t35
$300,000. Capitol expects to pay up to $300,000 for the improvements and wdl work with
TxDOT to determine the speC~cations far the Improvements and the appropriate date to
r_nmmence constructon.
4. Product distribution: Capitol is making amulti-million dollar irnestment in rail
sidings and outlying distribution sites, and 'intends to ship all product by rail from the Marble
Falls Quarry. Tnxks will only be used to deliver product in d*e immediate area (Barret, Blaneo,
Llano and Lampasas wunties) and for any large TxDDT or other construction projects in the
area or if rail is not available M meet customer demand.
5. Ellenberg Aquifer: Capitol will use its best efforts to ensure that its blasting and
mining do not adversely impact the Ellenberg Aquifer. Capitol has engaged Geometrix to
Conduct a hydrology study of the Marble Falls Quarry. When the study is complete, Capital wAl
privately brief the County judge nn the Geornetr!x report, but Capitol will not be required to
provide copies of the Geometrix study to the County or any individuals. Capital will consult
periodieally with Geometrix or another qualified hydrology firm white operating the Quarry.
Capitol also will comply with any applicable rules or regulations regarding water use ar
discharge, including the applicable rules of a 9urnet County Water Conservation Dlskrid that
may be created by the Texas Legislature,
6. Honey Creek property: Capitol is the owner ~ approximately 570 acres of land
in the County, kxated approximately one (1) mile north of the Quarry on US 281, which is
known as the "Honey Creek Quany." Capitiol presenty intends to protect its property rights
related to the Honey Creek Quarry as inventory far its future operations.
Capitol is negotiating a Development Agreement with the Clty of Burnet for voluntary
annexation of the Honey Creek Quarry, whidt will include a conditional maratorium on rack
crushing operations at the Honey Creek Quany. Capitol and Courrty agree that the provisions
of that Development Agreement shall control Capitol`s operations at the Honey Creek Quarry.
If Captol and the City of Bumet do not execute the proposed Developmenk Agreement,
then Capitol agrees that it wil! not develop a rock crushing operation at the Honey Creek Quarry
for a period ending on the earlier to occur of ten (10) years after the date of this agreement or
the date that Capitol's contract to operate fire Quany is terminated or materially altered.
7, Product handling: Capitol intends to invest in and install new rock crushing
equipment at the Quarry, as described in tillage with the TCEQ, which will incorporate water
sprays and covered eanveyance systems to limit dust emissions.
8. Miming near waterways; Capital will mine no closer than 100 feet of any active
creek or waterway on the property where the Quarry is located.
9, Site plan. Capitol has developed a bag-terra mining plan for the Quarry.
The mining plan addresses only that property presently under lease by Capitol. Many important
operational issues at the site are currently available in pubfw filings made by Capitol fn its air
quality permit application, which are public records. Capitol will prepare and provide to the
County, within ninety (44) days aRer TCEQ issues the air emissions permit for the Quarry, a site
plan that includes:
a, a description, including size, type and function of the equipment used at
the facility;
6umet County Cwnmunity Covenant 2 1/25/2005
~cP 02 21:06 14=7.~'. FR '~ENRTOR FRHSER .."12 475 X732 TO ?Sa3~?'5:'~~.Si3 P. ~4.~05
b. a description of procedures used tQ ensure against a fire, maintaining
compliance with environmental standards, and to control public access to the quarry;
c, a description ofi facility operating hours, including the hours when the
fatuity 6s open to crush and ship product;
d, a descriptlon of the rack maned; and
e. the planned sequence in which ttse acreage is expected to be mined.
10. Speaal conditions in TCEQ permit: Capitol has agreed with TCEQ that the
following "special conditions" will ae included in the air emissions permit to be issued 6y TCEQ
for Capital's operations at the Quarry;
a. Not later than 15 calendar days after the issuance date of the renewal
and amendment of this permit, Capital Aggregates shall submit a written request to the
TCEQ Air Permits Division to withdraw the permit application No. 50337 that would
authorize the cronstruction and operation of a rock cnishing plant in the Honey Creek
Quarry near Burnet, Burnet County. If Capitol Aggregates fails to timely submit the
withdrawal of the application, amended permit No. 100E is void and the versian of
permit No. 1008 In effect prior to the amendment (effective March 29, 2UQ4) will t~ in
efferct.
b. So long as Capital Aggregates' permit far the Marole Palls Quarry is in
effect, Capitol Aggregates shall not develop a rock crushing operation at the Honey
Creek Quarry s!te in Burnet County, TCEQ Account No. BS0080N, for a period ending on
the earlier to occur of ten (10) years aR'er the datE of TCEQ Issues this permit Yo Capitol
Aggregator or the date that Capitol's contrail to operate the Marble Falls Quarry is
terminated or rnateriaity altered.
c. Capitol will mine no Closer roan 100 feet of US 281 ar 100 feet of any
active creek or waterway on the Quarry.
11. Venue: For any disputes or enforcement actions aris'+ng out of this agreement,
venue shall lie in the court of competent jurisdiction in Burnet County, Texas.
12. Public Records: Copies of Cnis executed Agreement Shag be maintained in the
official records of the Commissioners Court of Burnet County, and shall be included in the TCEQ
fIe for Permit No. 1008 issued to Capitol for tfie Quarry.
EXECUTED effective the date first written above.
COUNTY:
Burnet County, Texas
ey:
Davk1 Kithi;, County Judge
STATE OF TEXAS
eurnct County Community Covenant a r/asJZOUs
r EP. [.~2 20Eb i4~i4 FR 9EhhaTf~? FI?f#3EP 512 4^~ r?32 T9 5193~d7922218 P.k7~ J:
COUNTY OF BURNET
Acknowledged before me this the day of January, 20005, by David Kimil,
county judge of Burnet County, Texas, on behaK of the courrty.
Signature of Notary Public
NOTARY PUBLIC SEAL
Printed name: _.__
CAPTtOL
STATE OF TEXAS
COUNTY' OF BEXAR
Capitol Aggregates, Ltd., d Texas limited
partnersh~
ey: Capitol Aggregates (Texas), L.L.C., a Texas
limited liability company, general partner
By: _
Robert Engberg, President
Acknowledged before me this the day of January, 26005, by Robert Engberg,
president of Capitol Aggregates (Texas), L.L.C., a Texas limited liability campany, which is the
general partner of Capitol Aggregates, Ltd., on behalf of the company and the limited
partnership.
NOTARY PUBLIC 5EAL
Burnet Caunry COmmunky'ovenarrc
Signature of Notary Public
Printed name: ___
4
1/25(2005
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