01-20-11 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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RE: Landfill Site Concerns 1. Have an actual engineered stamped plan for the surface of the proposed site to be sure they take into account the weight of the forklifts (or whatever piece of equipment they will be moving the containers with) along with the weight of the containers on the forklift while it is moving to be sure the ground doesn't deflect creating cracks and voids in the substrate. A core soil sample would be needed to provide the above document. 2. How high the top containers will actually be in relationship to the surrounding grade, not the top ofthe landfill. The surrounding ground level is ~20 feet above sea level, the highest point on the landfill once surfaced is ~36 feet. Assuming containers are stacked four high (as per HI designation allowance) the height above ground level of the top container could reach fifty (50) feet. 3. There are several varieties of Eucalyptus trees, which one is being proposed as a border. If the type proposed is the tall skinny trees without much lower limbs, then a proposal for a lower brush to accompany the trees may be in order. In working with Dr. Jefferey Wright from Charleston, SC, (he is a professor and consultant to the lumber industry) he is recommending that we use the speci called E benthamii. It has been grown in Florida and SE Texas quite successfully. Tree grows approximately 5-8 feet in the first year and then an additional 6-9 feet each year thereafter. In the Houston region, Dr. Wright believes they will be 60 feet tall in five years. Tree spacing is every 10 feet with a row width of 5 feet. Plan is to plant two rows so that visible tree spacing is five 5 feet from highway 146. 4. Are they planning on installing a screen perimeter fence? If so, how high? No screening fence is planned 5. Will there be a setback from the edge of the property in case the stacked containers should fall over then they would not fall past their property line? Given the design of the sloped sides of the landfill cap, there is a minimum of fifty (50) feet from the finished working surface on top of the landfill to the property boundary. The average distance from the working surface on top of the landfill to the property boundary is typically 75 feet or greater. 6. What kind of lighting is proposed for the site and how will it affect the surrounding community / businesses? The facility will be a daylight operation, no lighting is proposed. 7. Where will the water outfall from the detention area be channeled? 8. A properly prepared, engineered, site plan with the entire plan should be in order including trees, lighting, surfacing, fencing, access, etc. 9. How many applications of the Enviro Guard surfacing does it normally take to really minimize dusting and / or on what frequency do they have planned to apply this material? Initially the surface will be built up by applying 3-4 coating layers. Based upon the experience of APM (Mersk) at the Barbours Cut Container Terminal, their experience shows a re-application rate of once every three months (4 times a year). 10. Provide information and references for similar sites developed elsewhere. 11. Furnish documents/covenants accepting responsibility for its maintenance. In acquiring the property from Harris County the buyer was contractually bound in EXHIBIT B