HomeMy WebLinkAboutLetter of Interest 6-23-2000
'June 23, 2000
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Letter of Interest
Martin Marietta Materials (bMMM") and Kingswood Homeowners Association C"KHA"), are desirous of
reaching a definitive agreement whereby MMM may obtain benefit of the minerals on certain real estate
depicted on Exhibit A attached hereto (the "Mueller Property"), and KHA will support MMM's request
for a Special Use for the Mueller Property~ This letter of interest will serve as the basis on which MMM
will cause a definitive agreement to be prepared for review and approval by KHA.
MMM recognizes that KHA is willing to support a request for special use under the Carmel Clay Zoning
Ordinance ifMMM complies with the provisions of the definitive agreement
It is further recognized by MMM that the expansion of mining related activities on the MMM and/or
Mueller property south of l06th Street may have yet undeterminable negative consequences on members
of the KHA~ It is in the best interest of MMM and KHA to define activities in advance so as to avoid any
future negative consequences.
Therefore MMM and KHA are prepared to move forward with KHA supporting MMM use of the Mueller
property for mining as defined below.
1 ~ Processing Plant. MMM has agreed to move the processing plant located on Hazel Dell. Subject to
approval by the Indiana Department of Natural Resources ("DNR~'), the plant will be moved during
the winter of 2001/2002.. Specifically, MMM will start the move on or before January, 2002.. and all
current processing operations on this site will stop after such time. The plant will be moved to the
area east of Hazel Dell and just north of I06th Street.. The existing tree buffer on Hazel Dell will be
maintained~ This location will be further from any home in Kingswood than at present and will have
less of a noise impact on Kingswood~ MMM will continue the same type of noise abatement that is
on the existing plant, including the use of on site berms and the use of strobe lights at night (subject to
approval by tIle proper governmental authorities) instead of audible backup signals.
This Letter of Interest is entirely conditioned upon approval by the DNR of the relocation of the plant
as described above.
2. Surface Mining North of l06th Street. All surface mining north of I06th Street will be sand and
gravel only and will be a dredge operation. The overburden removal operation will be controlled to
occur only during daylight hours. The overburden removal, both south and north of l06th Street will
be scheduled by MMM to occur during the months of November through March and no overburden
removal will occur on Saturday or Sunday.
MMM agrees to first begin and complete, including reclamation, the dredge operation on the ground
nearest to the Kingswood adjacent property owners..
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