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Martin Marietta Aggregates
Indiana District Office
1980 East 116lh Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
March 9, 2005
Mr. John South, P.E., CPESC
Hamilton County Soil and Water Conservation District
1108 South 9th Street
Noblesville, Indiana 46060
RE: Construction Plan for Martin Marietta Materials, Inc. Mueller Property North Sand and
Gravel Operation to Comply with 327 1AC 15-5-6.5
Dear Mr. South:
This letter and attachment address the comments from your technical review of Martin Marietta
Materials Mueller Property North Sand and Gravel Operation - Construction Plan. Typed below is
each of the comments from the Technical Review and Comment Form. Beneath each comment is
Martin Marietta's response to the comment in bold type.
1. Please include the Rule 5 posting requirements and notifying the Hamilton County
SWCD within 48 hours of startjng construction.
Martin Marietta will comply with all Rule 5 posting requirements and Notice of
Intent (NOI) requirements included in 327 lAC 15-5-5, 327 lAC 15-5-6, and 327 lAC
15-5-7, including the posting of a notice near the project site entrance as well as
notification of the Hamilton County SWCD within 48 hours of starting
construction. Please refer to page 7-6 of the Mueller Property North Sand and
Gravel Storm Water Pollution Prevention Plan for further reference to these
requirements.
2. Is it your intent to plant the trees and native grasses after the project is completed? To
insure good establishment it would be beneficial to plant those now.
It is Martin Marietta's intent to install the proposed 25-foot tree planting area along
the northern and western perimeters prior to commencement of overburden
removal at Mueller Property North Sand and Gravel. Step 2 of the General
Construction Sequence provided on page 1-5 of the Construction Plan has been
revised accordingly. A revised copy of page 1-5 is attached for your files.
3. 11 B. The new rule requires all disturbed areas be stabilized if the area will be dormant
for 15 days. Please include this requirement in the section on temporary seeding.
1
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Martin Marietta acknowledges the requirement to stabilize a disturbed area if it will
be dormant for 15 days. Please refer to the. top of page 3 of the Mueller Property
North Sand and Gravel Operation Erosion and Sediment Control Report for a
statement indicating the same.
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
~
Dan Hoskins
Enclosure
cc: J. Dobosiewicz (w/enc.)
G. Hoyes (w/enc.)
J. Tiberi (w/o enc.)
Y. Bailey (w/o enc.)
W. Phears (w/o enc.)
Z. Weiss (w/o enc.)
2
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General Construction Sequence
1. Prior to earth disturbance activities, appropriate erosion and sedimentation controls will be
in place to prevent sediment from leaving the subject property.
2. Seed any former cropland areas that do not have a permanent dense vegetative cover.
Install the proposed 25-foot tree planting area along the northern and western perimeters.
3. Install interceptor channel downslope of areas to be stripped. Interceptor channel will be
extended as overburden stripping progresses.
4. Commence overburden removal.
5. Concurrent with the beginning of overburden removal, commence construction of the berm
along 106thStreet to provide a sediment barrier. This berm should be seeded (temporary
or permanent depending on the weather) immediately upon completion. Silt fence will be
installed, if necessary, until berm outslopes are stabilized.
6. Continue overburden removal activities.
7. Seed all berms and other affected areas that are not active mining areas as soon as final
grade is attained.
8. Temporary erosion and sediment controls, such as the channels and silt fences, will remain
in place until the contributing drainage areas are stabilized. These controls may be
removed atter the upslope areas are vegetated or the drainage area is eliminated by the
progression of mining activities.
9. Upon completion of all mining activities, final grade side slopes not inundated at no steeper
than 3 to 1 (horizontal to vertical).
10. Concurrent with reclamation sloping and grading activities, install rock stabilization along
the lake water level.
11. Revegetate site in accordance with the plans as described on Drawing 2, Erosion and
Sedimentation Control and Planting Plan - Post Mining, which is contained in the Mueller
Property North Sand and Gravel Operation Erosion and Sediment Control Report, located
on page 6-4 of this Construction Plan.
1-5
Revised 2/25/05
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Martin Marietta Aggregates.
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1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573~0
Fax (317) 815-4823
March 3, 2005
Mr. Greg Hoyes
Hamilton County Survey's Office
One Hamilton County Square
Suite 188
Noblesville, Indiana 46060-2230
RE: Responses to Comments Provided During the February 16, 2005 TAC Meeting for
Martin Marietta Materials, Inc. Mueller Property North Sand and Gravel Operation
Dear Mr. Hoyes:
Enclosed please find a copy of the above referenced document. This document was submitted
to the Carmel Department of Community Services on March 2, 2005 in connection with
Martin Marietta's pending application for Special Use Approval for the Mueller Property
North Sand and Gravel Operation. Please review and if you require additional information
feel free to contact me at 317-573-4460.
Sincerely,
Dan Hoskins
Enclosure
cc: Jon Dobosiewicz (w/o-enc.)
John Tiberi (wlo enc.)
Wayne Phears (wlo enc.)
ZeffWeiss (wlo enc.)
~
'Martin Marietta Aggregates
1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 815-4823
March 3, 2005
Mr. Mike McBride, P .E.
Department of Engineering
One Civic Square
Cannel, IN 46032
RE: Responses to Comments Provided During the February 16,2005 TAC Meeting for
Martin Marietta Materials, Inc. Mueller Property North Sand.and Gravel Operation
. Dear Mr. McBride:
Enclosed please find a copy of the above referenced document. This document was submitted
to the Carmel Department of Community Services on March 2, 2005 in connection with
Martin Marietta's pending application for Special Use Approval for the Mueller Property
North Sand and Gravel Operation. Pleas.e review and if you require additional information
feel free to contact me at 317-573-4460.
'"'
Enclosure
cc: Jon Dobosiewicz (w/o enc.)
John Tiberi (w/o enc.)
Wayne Phears (w/o enc.)
ZeffWeiss (w/o enc.)
~'_.- ~.".
March 2, 2005
Mr. Greg Sovas
Spectra Environmental Group
19 British American Boulevard
Latham, NY 12110
Dear Greg:
Enclosed are the responses from the February 16, 2005 T AC meeting for the Mueller
Property North Sand and Gravel Operation.
Please review and provide your feedback.
Thanks in advance for your help.
Michael P. Hollibaugh
Director
Department of Community Services
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Responses to Comments Provided During the February 16, 2005 T AC Meeting
for Mueller Property North Sand and Gravel Operation
1.0 City of Carmel Department of Enaineerina
1. The Department requests that the Thoroughfare Plan right-of-way be dedicated for 106th
Street and Hazel Dell Parkway.
Drafts of the Deed of Dedication and Acceptance of right-of-way for 106th Street are
attached.
2. The Department requests the construction of multi-use paths in accordance with the City's
Alternative Transportation Plan on the north side of 106th Street across the property
frontage.
The path, as shown on the plans, can be contained within the 45-foot right-of-way and
is subject to the reservation that Martin Marietta does not waive any right to insist on
compensation for the taking or dedication of this property.
3. The Department requests that the property be improved such that there are no direct
stormwater runoff/discharge areas to the City right-of-way or adjacent properties. This
would entail constructing swales to intercept existing low areas such that they drain back to
the pond.
The previously provided Mueller Property North Sand and Gravel Operation Erosion
and Sediment Control Report calls for the construction of a drainage swale along the
southern/southeastern perimeter to intercept water and drain it back to the lake.
Should actual field conditions dictate the extension of this swale or construction of
additional swales, this will be completed.
4. Are any access points planned into the property or will all access be from the existing
operation to the north? The location of any proposed entrances/access points would be
subject to review and approval by this Department. Any access points shall be constructed
to INDOT standards on Hazel Dell Parkway and to Department standards on 106th Street.
The pavement section for any new pavement to be installed within the City right-of-way will
be in accordance with the section provided by this Department.
No access points are currently planned into the Mueller Property North. However,
Martin Marietta reserves the right for a driveway access across the right-of-way on
106thStreet (that is otherwise being dedicated to the City) for accessing the Mueller
Property North.
5. Any improvements within the existing and proposed City right-of-way shall conform to the
requirements and standards of the Department of Engineering. If any work is to be
performed in the existing or proposed right-of-way, please add a note to the drawings th
the Contractor shall contact the Department of Engineering to schedule a pre-const
meeting to review the Department's construction requirements, staff n Ion t.<,
requirements, required inspections for certain stages of the work, and to review t tho~~~:r
of the Department as it relates to work within the existing and proposed City righ ay. ~B
. :2 2005
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1
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The requested note has been added to the Mine Plan Map regarding improvements
within the City right-of-way. A revised Mine Plan Map is enclosed.
6. Will this operation increase vehicular traffic on 106th or Hazel Dell? Will the proposed
operation increase the output from the existing plant or will the output remain the same?
The Mueller Property North Sand and Gravel Operation will be substantially similar to
the operation conducted at the Carmel Sand Plant. Vehicular traffic volume on 1 D6th
Street and Hazel Dell will remain essentially the same.
7. It is apparent that the lake will be an expansion of the existing lake to the north. Is the
existing lake influenced by the Base Flood Elevation of White River or Cool Creek? If so,
are these flood elevations contained in the banks of the proposed lake?
No portion of the proposed Mueller Property North is located within the 1 DD-year
floodplain of the White River. The base flood elevations for Cool Creek and the White
River are 743' MSL and 742' MSL, respectively, near the northeastern corner of the
existing Carmel Sand Plant lake (see attached portion of Flood Insurance Rate Map).
However, note that this flood study was completed prior to the construction of the
Hazel Dell Parkway, and may no longer be representative of actual conditions (it is
believed that the 1DD-year floodplain is now confined to the east side of Hazel Dell).
The existing ground elevations surrounding the northeastern corner of the existing
lake (in the area within the 1 DD-year floodplain, as currently delineated) are higher
than 743' MSL, based on the contours extracted from the Hamilton County website.
Therefore, the lake is not influenced by the base flood elevations of White River or
Cool Creek.
8. It is stated that the proposed lake will act as a retention pond, one with no release
anticipated. The drainage calculations provided are for a 10-year storm, but the 100-year
storm is typically the design storm for consideration of a detention system. Considering the
residual on-site acreage after reclamation is complete and any off-site acreage that drains to
the final pond configuration, including any areas that drain to the existing pond, what impact
does the 1 OO-year storm have on the lake level?
The 1 DD-year storm event will not significantly impact the lake level, even when
considering any off-site acreage that drains to the pond (which is negligible). There
is adequate freeboard between the lake and surrounding areas to prevent the lake
from discharging during the event of a 1 DD-year storm. The estimated storage volume
of the lake between normal pool elevation and potential overflow elevation is 1,295
acre-feet.
9. Where would the final lake configuration overtop in the event that the lake does completely
fill? Is this outlet point stabilized or protected from erosion in the event that the lake did
overtop?
This event is highly unlikely; however, the lowest point surrounding the final lake is
located along the northern edge of the existing Carmel Sand Plant lake. The lake is
not expected to discharge under any storm condition. Therefore, it has not been
equipped with erosion protection beyond vegetative stabilization.
2
1'4
10. The Department requires that the on-site drainage system accommodate any off-site
drainage areas that drain to or through the property. This would include any areas that may
only drain onto the property after ponding to an elevation that overcomes any intermediate
high points. The Department understands that this area is very flat and that there are no
defined watercourses which drain to the property, but there may be areas that flow onto the
property as a relief point.
The on-site drainage system will accommodate any off-site drainage areas that drain
to or through the property.
11. The Department requests that all responses to these review comments be provided in
writing. Failure to provide written responses may result in delay of the review process.
The responses to the Department's comments have been provided in writing. The
Department will also be made aware of all modifications made to the plans, which will
be provided in writing.
12. It is critical that this Department be made aware of all modification made on the plans being
resubmitted, particularly if any such changes are considered "new" or fall outside of our
previous reviews. Please provide revised plans indicating all revisions. Please notify this
Department of any changes and specifically state any changes, including changes resulting
from Plan Commission, Special Studies, or other committee meetings.
The Department will be made aware of all modifications made to the plans, which will
be provided in writing.
13. All bonds and performance guarantees (if required) must be posted prior to Engineering
Department approval. Also, Board of Public Works and Safety approval and any other
governing agency approvals (if required) must be obtained prior to Engineering Department
approval.
Martin Marietta understands that all bonds and performance guarantees (if required)
must be posted and other agency approvals must be obtained prior to Engineering
Department approval.
14. The plans have been submitted to the City's consultant for drainage review. Comments
from the drainage review will be forwarded to your office when the review is complete.
Martin Marietta understands that comments from the drainage review will be provided
once the review by the City's consultant is complete.
15. The Department of Engineering reserves the right to provide additional comments based on
subsequent reviews.
Martin Marietta understands that the Department of Engineering reserves the right to
provide additional comments based on subsequent reviews.
3
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2.0 City of Carmel Department of Community Services Urban Forester
1. On the landscape plan, the graphic planting detail must agree with the text description and
show the root crown or root flare being planted level to finish grade, not just the top of the
root ball, if these are balled and burlapped or container grown trees. The balled and
burlapped stock must have the sizing or binding untied, and the top of the rootball
uncovered once installed.
Planting instructions and details have been modified and now match the text
description with respect to plant installation. A revised Landscaping Plan Map is
enclosed.
2. If these trees are all large seedling size (.75-inch caliper and around 5 feet in height), there
is probably no need to stake them unless they suffer from abnormally adverse weather
conditions. The tree roots will regenerate more quickly and they will establish more
desirable trunk taper if left unstaked.
Reference to stakes has been removed from the revised Landscaping Plan Map, see
the map enclosed.
3. Since this is an afforestation/reforestation plan, a two- to three-year maintenance plan must
be included, and a mortality/plant survival level commitment must be included as well. For
example, "If three years after planting, 90% of the seedlings are not in a health condition
and growing well, those that are dead or dying will be replaced with new plantings." The
maintenance plan should include, but not be limited to, irrigation, mulching, weed control,
removal of any stakes, fertilizing, pest and disease control, and removal of any dead, dying,
or diseased plants or rank vegetation.
A maintenance plan and mortality/plant survival commitment has been added to the
revised Landscaping Plan Map, see the map enclosed.
4. General Construction Sequence (Page 1-5): The proposed 25-foot tree planting area along
the north and west perimeters should be installed before the overburden removal is begun.
This could be done as part of Point 2.
The general construction sequence (page 1-5) has been revised to add the installation
of the 25-foot tree planting area as part of Step Number 2.
3.0 SPECTRA ENVIRONMENTAL GROUP, INC.
3.1 Hvdroaeoloaic Issues
. The submitted documents are silent regarding the potential for the proposed action to
influence the City of Carmel water supply wells in the Plant 4 Wellfield. For example, the
proposed action will create a 3D-foot deep lake within 350 feet of the property line of the
Plant 4 Wellfield. Does the proposed lake fall within any portion of the capture area{s) of
any wells in the Plant 4 Wellfield and, if so, what is the travel time of water from the lake to
the wellfield? If the travel time is short, will development of the lake require the City of
Carmel to change their treatment process for water from the Plant 4 Wellfield?
4
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. The Spill Prevention, Control, and Countermeasure Plan should be expanded to include a
discussion of the Plant 4 Wellfield and should include a section to describe how the Plant 4
Wellfield will be protected from spills in and around the Mueller North property.
. The information presented does not reference the approved Mueller South sand and gravel
operation. Mueller South will be developed as a dry open pit sand and gravel operation with
dry reclamation. What are the implications of a dry open pit sand and gravel operation a few
hundred feet south of the proposed wet sand and gravel operation? Will the presence of
Mueller South reduce lake levels on the Mueller North property during active mining
operations and then during and after reclamation? After reclamation, the lake elevation is
estimated at .:t730 feet above mean seal level (amsl). Will the presence of a freely draining
sand and gravel face (Mueller South) located a few hundred feet south of Mueller North
reduce the anticipated reclamation lake levels?
Martin Marietta will continue to cooperate with the City Utilities Department in
understanding the hydrogeologic issues associated with the application, such as
additional meetings and exchange of information.
3.2 Reclamation lake
. The sideslopes of the reclamation lake are graded at a slope of 3: 1. This same grading
extends below the reclamation water line (.:t730 feet amsl). Martin Marietta should consider
grading the lake shore and shallow water areas around the lake at a grade of 10: 1. This
would provide a degree of safety if someone were to walk into the lake and prevent them
from entering deep water in the near-shore environment.
The proposed grading of final reclaimed side slopes meets or exceeds aI/local, state,
and federal requirements. A 3:1 side slope is gentle enough to provide a safe exit
from an impoundment.
. The post-mining cross sections (Sheet 6 of 6) show that the perimeter of the lake will be
excavated to develop a vertical, saturated sand and gravel face 25 feet high at the limit of
excavation. There is no description in the documents how this grading will be attained, and
if it is attained, how it will be maintained. Saturated sand and gravel below the water line will
seek a natural angle of response at the perimeter of the excavation. Failure in this
underwater slope may change the proposed grading of the above water line reclamation
slope as well. The excavation plan should be reconsidered near the limit of excavation and
the cross sections should be redrawn to show a more realistic grading plan around the
perimeter of the excavation area.
The cross sections were intended as a conceptual representation of the maximum
extent of extraction for the suction dredge. The actual submerged portion of highwal/
will not be vertical. This will be achieved by grading the area between the limit of
extraction and limit of reclamation at a 3:1 slope and pushing that material into the
lake.
5
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3.3 Mine Plan and Noise Study
. The Mine Plan states that "Martin Marietta is seeking approval to conduct a surface sand
and gravel operation on the Mueller Property North utilizing typical earthmoving equipment
(including pans, front-end loaders, etc.) to remove overburden and a floating dredge to
remove sand and gravel." The Noise Study states that "To reach the sand and gravel,
Martin Marietta must remove approximately five feet of topsoil and non-aggregate material
known as "overburden"." Both the Mine Plan and Noise Study state that the floating dredge
will operate at an approximate elevation of !729 feet amsl. Existing grade in the area can
be as high as 750 feet amsl. Subtracting grade elevation of 750 feet from the dredge
operating elevation of !729 means that there could be up to 21 feet of "overburden" or
overburden and sand and gravel that must be removed before the suction dredge can
operate. This apparent inconsistency must be explained in detail. As the information stands
now, it is unclear how material below the "approximately five feet of topsoil and non-
aggregate material" will be mined or removed from the site.
Martin Marietta proposes to use typical earthmoving equipment, such as pans, front-
end loaders, etc. to remove approximately five feet of overburden. All of the
remaining material to be extracted from the site will be removed with the existing
suction dredge. The suction dredge will work from the existing lake at the Carmel
Sand Plant (+/- 729' MSL) and proceed south into the Mueller Property North. Once
the overburden is extracted, the portion of the sand and gravel that lies above the
water elevation (and dredge operating level) will slough down into the existing lake
water (+/- 729'MSL) and will be extracted via the dredge.
. The Noise Study dues not address noise generated by removal of up to 21 feet of
overburden or non-aggregate material above the elevation at which the suction dredge is to
operate. Removal of up to 21 feet of material across a parcel of land approximately 106
acres in area is not an activity that can be considered "temporary construction activity" or
short-term in nature and must be addressed in the Noise Study. The time required to
remove up to 21 feet of overburden across the site must be detailed. Given the proximity of
the Kingswood development, the apparent discrepancy between the stated thickness of
overburden and the operating elevation of the suction dredge must be explained in greater
detail, and the Noise Study should be updated to include an analysis of this activity,
particularly since any earthmoving equipment operating in this area will be working at
elevations above the 729-foot elevation modeled in the Noise Study.
As described previously, all material except the top five feet of overburden, will be
extracted with the dredge, as modeled in the referenced noise study. Also, the
overburden removal activities will be conducted in phases, such that the entire area
will not be disturbed at once.
. Octave band data for the suction dredge are not provided in the Noise Study; therefore, it is
not possible to independently verify the calculations in the submitted Noise Study. These
data should be made available to Spectra so that independent verification of the noise
projections can be calculated.
Octave band data for the suction dredge is attached.
6
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3.4 Hours of Operation
. The mine plan states that overburden will be removed from the Mueller North property until
8:00 P.M. Given the proximity of the Kingswood residential development, overburden
removal until 8:00 P.M. may be a nuisance. The Mueller North operation should apply the
same hours of operation as those adopted for the Mueller South project.
Martin Marietta agrees to adopt the same hours of operation as Mueller Property
South Sand and Gravel:
Overburden removal shall be completed during the hours of 6:00 A.M. to 8:00 P.M.
between the months of November through March (except as necessary to construct
visual and noise barriers) and only on days other than Saturday, Sunday, or holidays.
Martin Marietta shall conduct all operations, including overburden removal, in a
manner so as to reasonably minimize noise, dust, and light impact on surrounding
properties.
The hours of operation regarding the extraction of sand and gravel will be 7:00 A.M.
to 7:00 P.M., Monday through Friday, and from 8:00 A.M. to 2:00 P.M. on Saturdays.
No operations are permitted on Sunday and holidays.
4.0 Hamilton County Surveyor's Office
1. The proposed project falls in the corporate limits of the City of Carmel.
Martin Marietta acknowledges that the Mueller Property North falls within the
corporate limits of the City of Carmel.
2. The proposed project does fall in a Carmel Wellhead Protection Zone.
Martin Marietta acknowledges that the Mueller Property North falls in a Carmel
Wellhead Protection Zone.
3. The proposed project falls in the Moffitt & Williamson Regulated Drain Watershed.
Martin Marietta acknowledges that the Mueller Property North falls within the Moffitt &
Williamson Regulated Drain Watershed.
4. Please provide any information that shows where the lake will overflow (in the unlikely event
that it ever does) and at what elevation that would be at. Show what route the overflow will
take on its course to the White River.
Based on an examination of the site topography, it appears that in the unlikely event
that the lake would overflow, it would occur along the northern boundary of the
existing Carmel Sand Plant lake at approximate elevation 740' MSL. The Potential
Overflow Location and Approximate Moffitt & Williamson Drainage Area Map
indicates the expected route the overflow would take on its course to the White River,
see map enclosed.
5. Please provide an estimated storage volume this lake would have before it would overflow
(in acre-feet).
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The estimated storage volume of the lake between normal pool elevation and
potential overflow elevation is 1,295 acre-feet.
6. Please provide a detailed map that shows what water will continue to flow under 106th Street
to the Moffitt & Williamson Drain so the watershed can be adjusted accordingly.
The attached map indicates the drainage area from Mueller Property North that will
continue to flow under 106th Street to the Moffitt & Williamson Drain.
7. No permits will be needed from our office.
Martin Marietta understands that no permits will be needed from the Hamilton County
Surveyor's Office.
8. Please note that further comments may be necessary at a later date.
Martin Marietta will address any further comments, as necessary.
8
Martin Marietta Aggregates
AA
1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 815-4823
March 2, 2005
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Responses to Comments Provided During the February 16, 2005 TAC Meeting for
Martin Marietta Materials, Inc. Mueller Property North Sand and Gravel Operation
Dear Mr. Dobosiewicz:
This letter and attachments address the various issues discussed during the T AC meeting on
February 16, 2005. Typed below is each of the comments from the referenced comment letters.
Beneath each comment is Martin Marietta's response the comment in bold type.
If you require additional information feel free to contact me at 317-573-4460.
Dan Hoskins
Enclosures: Three additional copies with attachments
cc:
John Tiberi
Y. Bailey
W. Phears
Z. Weiss
,
Martin Marietta Aggregates
~
1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 815-4823
March 1, 2005
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Martin Marietta Materials, Inc. . Mueller Property South - 04040024SU
Statement of Commitments - Annual Report
Dear Mr. Dobosiewicz:
Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 04040024SU
Mueller Property South Sand and Gravel Operation was approved on December 13, 2004 by the
Carmel Advisory Board of Zoning. As part of that approval, Section 2 - Reports and Permits, Item (b)
of the Commitments requires the submission of an Annual Report. In fulfillment of this requirement,
Martin Marietta submits the following Annual Report:
. Monitoring Well installation has been completed with initial baseline characterization samples
taken on January 31, 2005.
. Prior to commencement of construction activities copies of all permits were submitted to
Department of Community Services on February 4, 2005.
· Notification of commencement to the Department of Community Services that construction
would begin on February 7, 2005 was submitted.
. Erosion and sediment control installation has begun with overburden removal to commence
once these structures are in place. Initial overburden will be used to construct the berm along
106th Street.
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
Dan Hoskins
cc: John Tiberi
Y. Bailey
W. Phears
Z. Weiss
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Sent via facsimile 317-843-1543
John R. Molitor, Esq.
Attorney at Law
9465 Counselor's Row, Suite 200
Indiana.polis~ lDdiana 46240
Sent via fac.dmile 317-686-4777
Phil Thrasher, Esq.
Thrasher, Buschmann, Griffith &. Voelkel, p.e.
151 North Delaware Street #1900
Indianapolis, IN 46204
Re: Martin Marietta Materials v. Carmel Board of Zoning Al'oeals
Gentlemen:
1 write each of you because I fear we are about to lose yet another opportunity to move
the sand and gravel plant to the east side of Hazel Dell Parkway. You will remember that last
summer and fall, during the course of the Mueller South hearings, we offered repeatedly to move
the plant this winter if we could reach a settlement on Mueller North. Had we done so, the plant
would now be on the east side of Hazel Dell Parkway and I suspect everyone a great deal
happier. But, we couldn't agree. and, despite an expressed desire on everyone's part to move the
plant, it remains where it has been for many yea.ts. Now, the recent decision by Kingswood to
withdraw from negotiations may lead to yet another impasse over the movement of the plant.
delaying it further. Martin Marietta is committed to avoiding that if at all possible.
A brief historical summary shows how easy it would be for the plant movement to be
delayed yet again. lfthe original application had been granted, the plant could have been moved
in the winter of 200262003. Then, Martin Marietta offered to mediate the Mueller North
application in the summer of 2003, which would have allowed it to move the plant during the
2003-2004 winter. Then, of course, last year we repeatedly stn:$sed the need, at virtuaJ)y every
hearing, to resolve the Mueller North issues prior to the winter so that Martin Marietta could
move the plant during the 2004-2005 wimer. Now, we face yet another season without tbe plant
moved. through no fault of Martin Marietta.
And, of COUTSe. had mining commenced in 2002 on MueUerNorth there might only be
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six.seven years of mining remaining to be done there, perhaps even less.
.....
So Martin Marietta wants to do what it can to reach agreement on Mueller North. We
had hoped to do tbat in the many meetings we have had with Kingswood over the past several
months, but Kingswood has now withdrawn from those discussions. When we filed the current
Mueller Nortb application in 2002. we did not provide for a relocation of the plant, anticipating
that we would file any necessary use or set-back variance later in the process, perhaps even after
we had negotiated the tenns of it with interested neighbors.
In the meantime, however, the city has amended its zoning ordinance to provide that no
new application for a pennit or variance can be made until six months have expired from the
resolution of any app~ of a prior application on that property. The pending appeal on Mueller
North thus precludes consideration by the Board of an application to move the plant unless the
Board waives the lockout period. Even if the Mueller Nonh appeal were dismissed tomorrow,
which Martin Marietta has no intention of doing, it would be unable to file an application until
sometime in September of this year, absent waiver from the Board, and it would once again be
problematic whether the plant could be moved over the winter.
So it seems to us that we are once again at an important crossroads that could either
facilitate the movement of the plant, or delay it yet again. Specifically, if the city and the
Kingswood Homeowners Association win agree to a remand of the various Mueller North
appeals we could no doubt avoid another round of lengthy, contentious hearings before the
Board on the cwrent Mueller North application and get approval for the relocation of the plant
to the east side of Hazel Dell Parkway as well. The alternative, of course, is tbat Martin Marietta
and Kingswood have yet another shoot-out in front of the Board in which Kingswood opposes
mining on Mueller North yet again, delays movement of the plant,. and delays the eventual
completion of mining on Mueller Nonh. The Board is. of course, well aware that Martin
Marietta's ability to mine Mueller North, as well as the existing plant site on its own property, is
key to movement oftbe plant.
Please consider this letter a proposal that we agree to ask. the CiIcuit Court to remand the
existing Mueller North appeals so that the Board can consider a different resolution of them. If
Kingswood will not agree, we would ask that the BZA nevertheless consider joining Martin
Marietta in such a request to the Circuit Court It is our belief that the Circuit Court would be
quite interested in remanding this matter and that the Board would no doubt like to avoid another
round oflengthy, contentious hearings.
Please let me hear from you.
Very truly yours,
H. Wayne Phea:rs
~
~
cc: Bill McEvoy
Kent Broach
John J. Tiberi
Zeff Weiss
Yvonne Bailey
02/17/2005 11:51
3177769628
HAMILTON CO SURVEYOR
PAGE 01/02
/
:.Kmton C. 'It-'ord, Sun/evor
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(Plione (517) 77l~.S495
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Re: Mueller Property North
February 17, 2005
Martin Marietta Materials, Inc.
A TIN: John Tiberi
1980 East 116th Street, Suite 200
Cannel, IN 46032
VIA FACSIMILE: S73~5975
Dear Mr. Williams:
We have reviewed submittal to the Hamilton County Surveyor's Office on January 31, 2005
for this project and have the following comments:
1. The proposed project falls in the corporate limits of the City of Carmel
2. The proposed project DOES fall in a Carmel Wellhead Protection Zone.
3. The proposed project falls in the Moffitt & Williamson Regulated Drain
Watershed.
4. Please pro'Vide information that shows where the lake will overflow (in the
unlikely even that it ever does) and at what elevation that would be at. Show
what route the overflow will take on it course to the White River.
5. Please provide an estimated storage volume this lake would have before it would
overflow (in acre-feet).
6. Please provide a detailed map that shows what water will continue to flow under
106lh Street to the Moffitt & Williamson Drain so the watershed can be adjusted
accordingly.
7. No permits will be needed from our office.
02/17/2005 11:51
3177769628
HAMILTON CO SURVEYOR
PAGE 02/02
8. Please note that further comments may be necessary at a later date.
Should you have any questions, I can be reached at 317-776-8495.
Sincerely,
rJA .,J ~
-;:~yes
Plan Reviewer
cc: Jon Dobosiewicz - Carmel DOCD
John South - HCSWCD
Dick Hill- Carmel Engineering
Steve Broennann - HCHD
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February 16, 2005
JAMES BRAINARD, MAYOR
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Mr. John J. Tiberi
Regional Vice President-General Manager
Mid America Region
Martin Marietta Aggregates
1980 East 11 6th Street
Suite 200
Carmel, Indiana 46032
RE: Application for Special Use Approval
Mueller Property North Sand and Gravel Operation and Artificial Lake
Dear Mr. Tiberi:
The Department of Engineering has reviewed the drawings submitted for this project for the February 16,
2005 Technical Advisory Committee meeting. The Department offers the following comments:
1. The Department request that the Thoroughfare Plan right-of-way be dedicated for I06th Street and
Hazel Dell Parkway.
2. The Department requests the construction of Multi-use paths in accordance with the City's
Alternative Transportation Plan on the north side of 106th Street across the property frontage.
3. The Department requests that the property be improved such that there are no direct stormwater
runoff/discharge areas to the City right-of-way or adjacent properties. This would entail
constructing swales to intercept existing low areas such that they drain back to the pond.
4. Are any access points planned into the property or will all access be from the existing operation to
the north? The location of any proposed entrances/access points would be subject to review and
approval by this Department. Any access points shall be constructed to INDOT standards on Hazel
Dell Parkway and to Department standards on 1 06th Street. The pavement section for any new
pavement to be installed within the City right-of-way will be in accordance with the section
provided by this Department.
5. Any improvements within the existing and proposed City right-of-way shall conform to the
requirements and standards of the Department of Engineering. If any work is to be performed in
the existing or proposed right-of-way, please add a note to the drawings that the Contractor shall
contact the Department of Engineering to schedule a pre-construction meeting to review the
Department's construction requirements, staff notification requirements, required inspections for
certain stages of the work and to review the authority of the Department as it relates to work
within the existing and proposed City right-of-way.
6. Will this operation increase vehicular traffic on 106th or Hazel Dell? Will the proposed operation
increase the output from the existing plant or will the output remain the same?
7. It is apparent that the lake will be an expansion of the existing lake to the north. Is the existing
lake influenced by the Base Flood Elevation of White River or Cool Creek? Ifso, are these flood
elevations contained in the banks of the proposed lake?
8. It is stated that the proposed lake will act as a retention pond, one with no release anticipated. The
Drainage calculations provided are for a 10-year storm, but the 100-year storm is typically the
design storm for consideration of a detention system. Considering the residual on-site acreage after
DEPARTMENT OF Ei'\GINEERlNG
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
Ei\.WI. engineering@ci.carmeLin.us
.....-.' \
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Mr. John J. Tiberi
February 16, 2005
Page 2 of2
reclamation is complete and any off-site acreage that drains to the final pond configuration,
including any areas that drain to the existing pond, what impact does the 100-year storm have on
the lake level?
9. Where would the final lake configuration overtop in the event that the lake does completely fill? Is
this outlet point stabilized or protected from erosion in the event that the lake did overtop?
10. The Department requires that the on-site drainage system accommodate any off-site drainage areas
that drain to or through the property. This would include any areas that may only drain onto the
property after ponding to an elevation that overcomes any intermediate high points. The
Department understands that this area is very flat and that there are no defmed watercourses which
drain to the property, but there may be areas that flow onto the property as a relief point.
11. The Department requests that all responses to these review comments be provided in writing.
Failure to provide written responses may result in delay of the review process.
12. It is critical that this Department be made aware of all modification made on the plans being re-
submitted, particularly if any such changes are considered "new" or fall outside of our previous
reviews. Please provide revised plans indicating all revisions. Please notify this Department of
any changes and specifically state any changes, including changes resulting from Plan
Commission, Special Studies or other committee meetings.
13. All bonds and performance guarantees (if required) must be posted prior to Engineering
Department approval. Also, Board of Public Works and Safety approval and any other governing
agency approvals (if required) must be obtained prior to Engineering Department approval.
14. The plans have been submitted to the City's consultant for drainage review. Comments from the
drainage review will be forwarded to your office when the review is complete.
15. The Department of Engineering reserves the right to provide additional comments based on
subsequent reviews.
If you have questions, please contact me at 571-2441.
Enclosures
cc: Jon Dobosiewicz, Department of Community Services
John Duffy, Carmel Utilities
Paul Arnone, Carmel Utilities
Greg Hoyes, Hamilton County Surveyor's Office
Greg Ilko, Crossroads Engineers
Engineering Department
Project File
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February 14,2005
ENVIRQNMENTAL GROUP, INC.
ENGINEERING, ARCHITECTURE & SURVEYING, P,C,
Mr. MichaelHollibaugh
Director, Division of Community Services
City of Carmel
One Civic Square
J
Caimel, IN 46032
Subject:
Comments RegardingPreliminary Review
Martin Marietta Materials, Inc.
Mueller Property North
Dear Mr. Hollibaugh:
'Spectra Environmental Group, Inc. has completed its initial review of the 'mit)ing plan
and information submitted. by Martin Marietta Materials, Inc.; dated January 28, 2005,
supporting a Special Use Determination to develop a sand and gravel operation on the
Mueller North property, City of Carmel, Clay Township, Hamilton County, Indiana.
While the documents provided show a reasonable plan for the proposed action, there are
several items that need to ,be explained and/or may require additional study. Spectra's
comments are provided below.
Hvdrot!oolotrle Issues:
-The submitted documents 'are silent. regarding the potential for the proposed
action to influenCe the City of Carmel water supply wells in the Plant 4 Wellfield.
For example; the proposed action will create a 30;.foo1: deep lake within 350 feet
of the property lirieofthe.Plant 4 Wellfield. Does the proposed lake fall within
any portion of the capture area( s) of any wells in the Plant 4 Wellfield, and if so,
what is the travel time of water from the lake to the wellfield?, If the travel time is
, short, .will development of the lake require the City of Carmel to change their'
treatment process for water from the Plant 4 W elIfield.?
_ The Spill Prevention, Control and Countermeasure Plan should be expanded to
include a discussion of the Plant 4 Wellfield and should include 'a section to
describe how'the Plant 4 Wellfielcl will be protected from spills in and around the
Mueller North property.
CORPORATE OFFICE: 19 BRITISH AMERICAN BLVD,. LATHAM, NY 12110.518782-0882. FAX: 518 782-0973
POUGHKEEPSIE OFFICE: ONE CIVIC CENTER PlAZA . SUITE 401. POUGHKEEPSIE, NY 12601 .845 454-9440. FAX: 845454-9206
SYRACUSE OFFICE: 307 S, TOWNSEND STREET. SYRACUSE, NY 13202. 315471-2101 . FAX: 315471-2111
UTICA OFFICE: 100 Lamond Court. UTICA, NY 13502. 315266-0129. FAX: 315266-0192
WWW.SPECTRAENV.COM
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. the Mueller North property during active mining operations and tllen during and
after reclamation? . After. reclamation, the . lake elevation is estimated at +/- 730
feet above mean.sea level (amsl). Will the presenceofa freely draining sahd and
gravel face (Mueller South) located a few hundred' feet south of Mueller North
reduce the anticipated reclamation lake levels? .
Reclamation Lake:
. The side-slopes of the reclamation lake are graded .at. a slope of 3:1. This
same grading extends below the reclamation water line, (+/-730 feet amsl).
. Martin Marietta should consider grading the lake shore and shallow water
, areas m:ound the lake ata grade of 10: 1. This would provide a degree of
safety. if someone, were to walk intQ the lake ,and prevent them from entering
deep water in the near;.shore environment.
. The post-mining cross sections (sheet 6 of 6) show that the perimeter of the
lake will be excavated to develop a vertical, saturated sand and gravel face 25
feet' high at the limit of excavation; There is no description in the documents
how this grading will be attained, and if it is attained, how it will be
maintained. .Saturated sand and gravel below the waterline will seek a natural
angle of repose at the perimeter of the excavation. Failure in this under-water
slope may change the proposed grading of the above water line reclamation
slope as well. The excavation plan should be reconsidered near the limit of
excavation and the cross sections should be redrawn to show a more realistic
grading plan around the perimeter of the excavation area.
Mine Plan and Noise Study:
. The Mine Plan states that, "Martin Marietta is seeking approval to conduct a
surface sand and gravel operation on the M~eller Property North utilizing
typical earthmoving equipment (including pans, front-end loaders, etc.) to
remove overburden and a floating dredge to remove sand and gravel. ,The
Noise Study states that, "To reach the sand'and gravel, Martin Marietta must
.remove approximately five feet of topsoil and non-aggregate material known
as "overburden." 'Both the Mine Plan and Noise Study state that the floating
dredge will operate at an approximate elevation of +/-729 feet amsl. Existing
grade in the area can be as high as 750 feet amsl. Subtracting grade elevation
of750 feet from the dredge operating elevation of +/- 729 means that there
could be up to 21 feet of "overburden" or overburden and sand and gravel that
must be removed before the suction. dredge can operate. This apparent
inconsistency must be explained in detail. As the information stands now, it is
unclear how material below the "approximately. five feet of topsoil and non-
aggregate material" will be mined or removed from the site.
,,--
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. The Nois~ Study does not address noise generated by removal of up to 21 feet
of overburden or non~aggregate material above the elevation at which the
suction dredge is to operate. Removal of up to 21 feet of material across a
parcel of land approximately 106 acres in area is not an activity that can be
considered "temporary construction activity" or short-term in nature and must
be addressed in 'the Noise Study. The time required to remove up to 21 feet of
overburden across the site must be detailed. Given the proximity of the
Kingswood" development, the ,apparent discrepancy. between the stated
thickness of, overbUrden and, the operating elevation of the suction dredge
must be explained in greater detail, and the Noise Study should be updated to
include an analysis of' this activity, particularly since any earthmoving
equipment operating, in this area will be working at elevations above the 729
foot elevation modeled in the Noise Stuqy.
. Octave band data'fot the'suction dredge are not provided in the Noise Study;
therefore, it is not possible to 'independently verify the calculations in the
submitted Noise Study. These data should be made available to Spectra so
that independent verification of the noise projections can be calculated.
Hours of ODeratioll:
. The mine plan states that overburden will be removed from the Mueller North
property ,until, 8 pm. Given the proximity of the Kingswood residential
development, overburden removal until 8 pm may bea nuisance. The Mueller
North operation should apply the same hours of operation as those adopted for the
Mueller South project. '
This concludes the comments from Spectra's preliminary review of the information
supporting the Special Use DetermiIiation Request to develop a sand and gravel
operation on the Mueller North property. Additional comments will be provided once
Spectra receives octave hand data for the suction dredge. '
'Sincerely,
SPECTRA ENVIRONMENTAL GROUP, INC.
~
ego . Sovas, P.E.
Vice President of Governmental Affairs
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0:\200 1 \0 1233\Correspondence\Muellemorthcomments.doc
February 14,2005
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ICEt1ILLE
LEGAL Et BUSINESS ADVISORS
WRITER'S DIRECT NUMBER: (317) 236-2319
DIRECT FAX: (317) 592-4788
INTERNET: Zeff.Weiss@icemiller.com
Michael Hollibaugh, Director
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Mueller South
Dear Mike:
This is in furtherance of your e-mail message to me dated January 31,2005. Pursuant to
your request, please be advised that it is estimated that the cost to complete the entire
reclamation plan for Mueller South is approximately $400,000. We are still waiting to hear from
you as to the amount of the proposed surety or performance bond with respect to potential
damages to Hazel Dell Parkway. We would like to post those bonds as soon as reasonably
possible so please let us know at your earliest convenience what you believe the appropriate
amounts of those bonds to be. We would like to work with you to reach agreement in that
regard. Thus, we look forward to hearing from you at your earliest convenience.
It is my understanding that we have delivered to your staff the recorded Statement of
Commitments so that should be behind us. We are in the process of finalizing the right-of-way
dedication and we will deliver that to you in the near future as well.
We look forward to your prompt response.
Very truly yours,
ZAW:sd
cc: Dan Hoskins (via e-mail)
One American Square I Box 82001 I Indianapolis, IN 46282-0200 I P 317-236-2100 I F 317-236-2219 I www.icemiller.com
Indianapolis I Chicago I Washington, D.C.
".2.7-05' eo;>;; "1\ Mp H-
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Martin Marietta Aggregates
AA
1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 815-4823
February 7,2005
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Martin Marietta Materials, Inc. . Mueller Property South - 04040024SU
Letter Dated February 4, 2005
Dear Mr. Dobosiewicz:
As a follow-up to my voice message of February 4, 2005, the letter submitted that day contained a
typographic error. The correction is to the commencement of work date in Section 1 - General
Operational Commitments, Item (a). It should read as follows:
Martin Marietta hereby notifies the Director of the Department of Community Services
of the City of Carmel that work will begin on February 7, 2005 on Mueller Property South
Sand and Gravel.
I apologize if this has caused any confusion; furthermore, if you require additional information feel free
to contact me at 317-573-4460.
Sincerel ,
...
Dan Hoskins
cc: John Tiberi (w/o enc.)
Y. Bailey (w/o enc.)
W. Phears (w/o enc.)
Z. Weiss (w/o enc.)
Martin Marietta Aggregates
~
1980 E. 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 815-4823
February 4, 2005
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Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Martin Marietta Materials, Inc. . Mueller Property South - 04040024SU
Statement of Commitments
Dear Mr. Dobosiewicz:
Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 04040024SU
Mueller Property South Sand and Gravel Operation was approved on December 13, 2004 by the
Carmel Advisory Board of Zoning. As part of that approval, commitments concerning the use or
development of the real estate were agreed upon. Martin Marietta submits the following:
As described in Section 1 - General Operational Commitments, Item (a):
Martin Marietta hereby notifies the Director of the Department of Community Services
of the City of Carmel that work will begin on February 6, 2005 on Mueller Property South
Sand and Gravel.
As described in Section 2 - Reports and Permits, Item (a): please find attached the following:
Mueller Property South Sand & Gravel - Permit Summary
Copies (1 ea.) of individual permits referenced above in Permit Summary
Finally, a copy of the executed Statement of Commitments as filed for record in Hamilton County,
Indiana - 200500006560 on February 2, 2005 is enclosed as well.
If you require additional information feel free to contact me at 317-573-4460.
Dan Hoskins
Enclosures
cc: John Tiberi (w/o enc.)
Y. Bailey (w/o enc.)
W. Phears (w/o enc.)
Z. Weiss (w/o enc.)
FE8-03-2005 14:03 FROM:HAMILTON CO HWY OEP 3177769814
TO:317 571 2426
P.002/003
HAMILTON COUNTY
HIGHWAY DEPARTMENT
February 3, 2005
Mr. John J. Tiberi
Martin Marietta Aggregates
1980 E. 1161f1 Street, Suite 200
Carmel, 'IN 46032
RE: Mueller Properly North Sand and Gravel Operation
Special Use Permit
S of 116tl'1 Street I W of Hazel Dell Road
Clay Township
Dear Mr. Tiberi:
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VIA FACSIMILE
This letter serves to acknowledge rec:eipt of a transmittal received 1131/05 containing the
plans for the above...mentloned project. After reviewing the plans the Highway
Department has the following comments:
1. It appears that this project lies entirely within the limits of the City of Carmel.
Therefore, all future comments should be directed toward the ctty. If you have any
Information contrary to thIs statement. please contact me Immediately.
If you have any questions or comments concerning thIs letter, please feel free to contact
me at anytime.
:;;I~
Steven J. Broermann
Staff EngIneer
co: Jon Dcbosiewlcz
Greg Hoyes
G:\USERS\SS\05 tac\02.03.05martln m8l'1e~.doc
1700 SOutb loth Street
NobJesvillc, In. 46060
Wl\lw.to.hamllto!!J~I,.I!
orrlCe (3] 1) 173.7770
:Fal (317) 776-98]4
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: January 25, 2005
TO: Zeff Weiss, Ice Miller
FAX: 592-4788
FROM: Connie
Attached hereto are 10 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt ofthese pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached is a copy of the Zoning Ordinance covering the 2002 fee schedule.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for retum of the forwarded documents to us.
CARMEUCLAY ZONING ORDINANCE
CHAPTER 19: ADMINISTRATION
29.6 Filing Fees
Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the
filing fees hereinafter specified, and shall be paid to the City of Cannel and collected by the Department of
Community Servlces.On or before December 31 of each year, the Director shall determine If
there has been an Increase In the Consumer Price Index (United States city average)
prepared by the United States Department of Labor, by comparing the arithmetic mean of
the Index for July, August, and September of the current year with the same three-month
period of the preceding year. If there has been an Increase, the increase shall be stated as
a percentage of the arithmetic mean for the three-month period for the year preceding the
current year (the Adjustment Percentage). The Adjustment Percentage shall be rounded to
the nearest one-tenth of one percent and may not exceed four percent, unless otherwise
provided by ordinance. Whenever the Director determines that there has been an Increase,
the Director may make a corresponding adjustment to the filing and inspection fees
(Including late fees) that are assessed under this Chapter 29.6, in order to recoup
Increases In personnel and administrative costs within the Department. However, the
adjustment may not be greater than the Adjustment Percentage determined under this
paragraph. The adjusted f888 as determined by the Director under this paragraph take
effect on January 1 of the succeeding year.
29.6.1 Filing Fees (as amended per Z-305)
1. Primary Plat
$>00.00 plus ~ 5700.00 plus 535.00
per lot per lot
2. Amended Plat or Replat
(Primary. Secondary or Plat
Vacation)
3. Secondary Plat
4. Zoning Ordinance Amendment
(text or map/rezone)
$<100005560.00
$S:OQ 00 5700.00
$~OO 00 pllHl SJ~,OO plll' &llH$700.00 plus
$35.00 per acre
5. Developmental Standards Variance
$4)000 pllHl SSO 00$630.00 plus 570.00 for
each additional variance request
6. Use Variance/SpC(lal Exception
$7)0.00$1050.00
7. Subdivision Regulations Waiver
$15000 p1w& $,000 5630.00 plus $70.00for
each additional waiver request
8. Special Use & Special Use Amend
$450.00$630.00
9. Development Plan
$)00.00 p1u6 SJS.OO 5700.00 plus $35.0Oper
acre
10. Amended Development Plan
$4,0.00$630.00
$0.00
11. Appeal
12. Architectural Design, Lighting, and
Sign Approval
S500.00$700.00 (plus SlS .00S35.00 per
acre when not accompanied by a
Development Plan)
13. Amended ADLS
Add: 14. Horizontal Property Regime Review
Add: 15 Commitment Amendment
$1,0.00 $350.00
S1000 plus $75.00 per lot
5800 per commitment
29.6.2. Improvement Location Pennit Fees (filing, inspection fees, and Certificate of Occupancy (C/O)
are required on all new construction.)
1. Industrial, Institutional, and
Commercial: Structures, additions
and accessory buildings (including
public buildings and private schools)
2. Single-family
3. Two-family dwelling
4. Multi-family dwelling (of any
construction type or ownership
classification)
5. Dwelling Additions:
(a.) Up to 3 rooms total; attached
garage or carport, enclosed porch
(b.) Greater than 3 rooms
6. Detached garage or clUpOrt up to two
(2) spaces
7. Residential accessory buildings or
structures with or without pennanent
foundations (excluding all
residential accessory buildings
under 120 sq. ft., farm buildings
under 400 sq. ft., and Single Family
Residential pools)
8. Mobile Home Parks
9. Mobile Homes (manufactured homes
under 750 sq.ft.)
$250.00 plus SO 10$350.00 plus 50.15
per gross sq. ft., includes base
inspections 1,2,3,4 and S.
$2)0.00 PWE $0.065350.00 plus 50.10per
sq. ft. over 1600 sq. ft. oftota! floor
area, includes base inspections 1,2,3,
4 and S.
$2)000 plvii SO.06 5350.00 plus SO.10per
sq. ft. over 2500 sq. ft. oftota} floor
area, includes base inspections 1,2,3,
4 and S.
$loo.QO $140.00perunit, plus applicable
inspection fees 1,2,3,4 and 5.
$J) . 00 pl&& SO 0.1$35.00 plus SO.05 per
sq. ft., plus applicable inspection fees
1,2,3,4 and 5.
$15.00 pIllS $0 0.1 $35.00 plus SO.05per
sq. ft., plus applicable inspection fees
1,2,3,4 and S.
~ $35.00 plus applicable inspection
fees 1,2,3,4 and 5.
$25.00 pla& SO ~ 535.00 plus 50.05per
sq. ft. over 500 sq. ft. of total floor
area, plus applicable inspection fees 1,
2,3 and 4.
$100 00 $140.00 for administrative and
service building with up to ten (10)
mobile home spaces, then $+0.00
$15.00 per mobile home space.
~ 530.00 for mobile homes placed
upon pennanent foundations other than
in a mobile home park, plus applicable
inspection fees 1,2,3,4 and 5.
( ,
10. Structural Modification: (Exterior or
Interior RemodeUng)
(a.) Residential
(b.) Commercial, Industrial &
Institutional
(c.) Moving or changing
location of building or structure (except
mobile homes and other building with
non-permanent foundations)
11. Swinuning Pool: Single-family
residential. (Excluding portable pools 2 ft
9 inches in depth or less)
12. Roadside sales business and tents,
temporary structures (six (6) month
temporary permit, includes one (1)
temporary sign with 32 sq. ft. area
maximum)
13. All Inspections and Re-Inspections
(refer to e): No C/O required.
(a.) Residential (single and two
(2) family)
(b.) Commercial and Industrial
29.6.3 Sign Fees
1.
Sign permit application
2.
Sign installation - Improvement
permit
29.6.4 Certificate of Occupancy Fees
1.
Residential
2.
Industrial, Commercial and
Institutional Buildings
29.6.5 Demolition Permit Fees
Demolition or removal of buildings or
structures
~5.00, plus applicable inspection
fees 3 and 4.
~255.00, plus $.Q4 $.06 per sq/ ftI
and applicable inspection fees 3 and 4.
~30.00. plus inspection fees.
$100 00 $140.00 plus $.OJ-S.OS per sq. ft.
of total pool area plus patio area, plus
applicable inspection fees 1,4 and 5.
~70.00, plus applicable inspection
fees 2 and 4.
~ SSO.OOper inspection.
~ $90.00 per inspection.
fl; 00535.00
~ $28.00 per sign face plus ~
$1.50 per sq. ft. over 32 sq. ft.
~ $21.00per dwelling unit.
$JO.QO $42.00 per leased section.
~ S70.00for the first building or
structure plus ~ $35.00 for each
additional building or structure.
29.6.6 Inspections (Additional)
I. Footing and underslab plumbing:
(a.) Residential
(b.) CommerciaVIndustrial
~ $50.00 per inspection.
~ $90.00 per inspection.
2. Electrical- New meter base, meter base relocation, and panel upgrades.
(a.) Residential
(b.) CommerciallIndustrial
~ $50.00 per inspection.
~ $90.00 per inspection.
3. Rough-in (electrical, plumbing, heating and air conditioning):
(a.) Residential
(b.) CommerciallIndustrial
~ 550.00 per inspection.
~ 590.00 per inspection.
4.
Final structure:
(a.) Residential
(b.) ConnnerciaVIndustrial
~ $50.00 per inspection.
~ S90.00 per inspection.
5. Final site:
(a.) Residential
(b.) ConnnerciallIndustrial
~ $50.00 per inspection.
~ $90.00 per inspection.
6. All Other Inspections:
(a.) Residential
(b.) CommerciallIndustrial
~ $50.00 per inspection.
~ $90.00 per inspection.
ADD: 7. Duplicate Permit Placards
SI0.00 each
29.6.7 Late Fees fOI Permits
Late fees shall be assessed for new construction started or under way prior to obtaining required
permits, inspections, and Certificates of Occupancy:
1. Single-family
Nonnal Fee + $100.00 S200.00 late fee.
2. Multi-family
Nonna) Fee + $100 00 $200.00 late fee.
3. Commercial
Normal Fee + tlOQ,QO $200.00 late fee.
4. Industrial
Normal Fee + $100.00 $200.00 late fee.
5. All Other (including signs, pools,
accessory buildings, porches, room
additions, bams, or storage buildings,
etc.)
~ $75.00 late fee within five (5) days
after official notice of the violation
from the Dept. of Community
Services. The fee will be increased by
$5.00 per day as long as the violation
continues, up to, but not to exceed
$2500.00.
,., .-~.
" ...'
29.6.8 Late Fees on Inspections
Late fees shall be assessed after the applicant has received one official notice from the Department
of Community Services of a violation in the following fashion:
2lld time 3rd time 4th time +
1. Single-family S100.00 SlS0 00 $;0000
$140.00 $350.00 $700.00
2. Multi-family S1 go 00 usa 00 $)00 00
$140.00 $350.00 $700.00
3. Commercial $100.00 $l)O.QO $5QO.00
$140.00 $350.00 $700.00
4. Industrial $10000 $1,0 00 $500.00
$140.00 $350.00 $700.00
5. Other ~ $10000 SlS0.00
$70.00 $140.00 $350.00
Additional permits will not be issued by the Department of Community Services to any individual,
Imn, or corporation until all previously required permits, inspections and Certificates of
Occupancy have been issued and all fees paid. ADD: If after three years, an applicant has not
ineurred any violations as deseribed In 29.6.7 and 29.6.8 above, said appUeant will be moved
to "First Time Violator" status.
29.6.9 Sub-Contractors License Fees
Mechanical
Electrical
Plumbing
~ $35.00 per application.
~ $35.00 per application.
~ $35.00 per application.
29.6.10 Exemptions from Fees
The listed fees are waived for all City of Cannel and Cannel/Clay School System buildings or
facilities, except for inspection fees.
.-,\
t;
PASSED by Ib<;.l;ommon C04Sil of Ibe City of Cannel, Indiana Ibis ~*aay of AlfIY~
2000, by a vote of + ayes and _ nays.
~~-~1--d7-
Robert Battreall
l\JS lilils.n..
ATTEST:
Presented by me to the Mayor of the City of Carmel, Indiana, this
2000, at ~'CIOCk.
~
~ dayof ~.
urer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
,2000.
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City of Carmel
DEPT. OF COMMUNITY SERVICES
Stephen C. Engelking
Director
October 17, 2000
Memorandwn
TO:
Members, Carmel Common Council
Mayor Brainard
Clerk Treasurer
,/-4-;..
Stevf&genqlf('
Filing Fees-Ordinance No. Z-351
FROM:
RE:
At the meeting of the Common Council of October 2, 2000, there was a question raised
as to the process necessary to be followed if the Director of the Department of
Community Services were to increase fees annually based on the Consumer Price Index.
Currently, the proposed legislation has new language that articulates the process
necessary to be followed to affect such change. The specific question asked was if there
would be a need for any future year increase to again go through the process of Plan
Commission review and advisory opinion, then to the Council for enactment.
As stated by me at the podiwn on the night of the meeting, I would seek an opinion from
the Planning and Zoning Attorney, John Molitor, on this matter. Attached please find his
opinion rendered on October 4, 2000. His opinion is that the language is sufficient to
cause this not to come before any appointed or elected body when changes occur based
on the Consumer Price Index, and when the Director executes the changes in the manner
envisioned in the language of the ordinance.
This then responds to the matter at hand, and clears the way for this matter to be heard as
Old Business on the November 6, 2000 agenda ofthe Common Council. I respectfully
request your consideration of this matter and favorable action. Thank you for your
consideration.
ONE CIVIC SQUARE CARMEL, INOlANA 46032 317/571.2417
Sponsor: Councilor Bob Battreall
Ordinance No.2 -S 5/
AN ORDINANCE TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
CONCERNING THE FILING FEES TO BE COLLECTED
BY THE DEPARTMENT OF COMMUNITY SERVICES
WHEREAS. pursuant to the Advisory Planning Law ofthe State ofIndiana (contained in IC
36- 7 -4). each unit of local government that wishes to adopt land use and zoning ordinances must
first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") was
approved and recommended by the Carmel Clay Plan Commission on August 20, 1996, and duly
approved by resolution of the Common Council on September 24. 1996, and is therefore the
official Comprehensive Plan of the City of Cannel and Clay Township; and
WHEREAS, the Comprehensive Plan envisions that the Department of Community Services
should be substantially financed not by the taxpayers of the community but by the revenue
generated by reasonable filing fees charged to landowners and developers who wish to make
zoning changes andlor construct structures on their property;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to Ie 36-7-4-600 et seq. and after having a received a favorable
recommendation from the Carmel Clay Plan Commission, it hereby adopts this Ordinance to
amend Section 29.6 ("Filing Fees") of the Carmel/Clay Zoning Ordinance Z-289, as amended, to
read as follows:
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City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE:
November 19, 2004
TO:
John Tiberi, Martin Marietta
573-5975
Zeft Weiss, Ice Miller
592-4788
FROM: Connie
Attached hereto are 6 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
You are listed as the contact person for this docket. Please make sure you notify your
Petitioner(s).
Attached are the Agenda and Department Report for the November 22, 2004 BZA meeting.
Please remember to bring the seven (7) additional fully filled-out Findings-of-Fact sheets
and ballot sheets for each petition the night of the meeting for the Board's use.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
...-_. j.. .,j
THRASHER BUSCHMANN GRIFFITH & VOELKEL, P.C.
Attorneys-at-Law
Market Square Center
151 N. Delaware St., Ste. 1900
Indianapolis, IN 46204-2505
Ph.: (317) 686-4773 Fax: (317) 686-4777
Computer Address: thrasher@indiana-attorneys.com
PHILIP C. THRASHER
STEPHEN R. BUSCHMANN +
MATTHEW A. GRIFFITH
DENNIS L. VOELKEL
STEVEN C. EARNHART
JEFFREY M. BELLAMY*
+ Also Registered Lobbyist
* Also Indiana Registered Civil Mediator
November 15, 2004
Carmel/Clay Advisory Board of Zoning Appeals
c/o Carmel Department of Community Services
Third Floor
Carmel City Hall
Carmel, IN 46032
Attention: Mr. Jon Dobosiewicz
Re: Mueller South Sand and Gravel Commitments
Docket No. 04040024 SU
Dear Jon:
~"'$*
& ~
~ ~ ~,<t:::, tf?
~~
Would you please be so kind as to forward the attached Commitments to the BZA
for their consideration at the November 22, 2004 hearing on the captioned matter.
This letter and the exhibit are being sent to you this date by email so that you may
be able to add to or amend the attached to suit the additional commitment requests of the
DOCS, which I did not try to incorporate at this time.
We are still holding out hope that the Application for Special Use will be denied as
not being in the best interests of the citizens of the City of Carmel, but if the BZA seriously
considers approving such Application, we strongly urge the BZA to impose the attached
Commitments for everyone's protection, physically and financially, in the future.
If you need additional information, please do not hesitate to call.
November 15, 2004
Carmel/Clay Advisory Board of Zoning Appeals
Page 2
Thank you for your kind cooperation and assistance in this matter.
Very truly yours,
THRASHER BUSCHMANN GRIFFITH & VOELKEL, P.C.
'~~L-j~ I." ~ ,
Philip C. Th~sher ~
Encl.
Cc: Zeft A. Weiss, Esq., Ice Miller, One American Square, P. O. Box 82001,
Indianapolis, IN 46282-2100, w/encl.
John Molitor, Esq., Molitor Grisham, P.A., 11711 N. Meridian St., Suite 200,
Indianapolis, IN 46032, w/encl.
Mr. Thomas Yedlick, 5053 St Charles Place, Carmel, Indiana 46033, w/encl.
Mr. William D. McEvoy, 5120 Williams Circle, Carmel, Indiana 46033, w/encl.
L:\WPFILES\021330\041116jd.ltr.doc
COMMITMENTS
Docket No. 04040024 SU
Martin Marietta Materials. Inc.. American Aggregates Corporation.
And
E. & H. Mueller Development. LLC
These Commitments are being made by the Applicant, Martin Marietta Materials,
Inc., its affiliate, American Aggregates Corporation, and the land owner, E. & H.
Mueller Development, LLC, in connection with the approval of Docket No.
04040024 SU, involving certain land described in the Application for Special Use
therein (said land being hereinafter referred to as the "Real Estate"). Said parties
are referred to individually as a "Covenantor" and collectively as "Covenantors."
A. Commitments Relating to Water Quality
It is acknowledged that the impact of the proposed mining on the groundwater of
the area will involve an area much larger than the Real Estate, including land
owned by one or more of the Covenantors, the City of Carmel, and other third
persons, and such area is hereinafter referred to as the "capture zone." To the
extent possible, the Covenantors shall obtain the cooperation of any third
persons whose property may be affected by these commitments; however, in all
events the Covenantors shall be directly responsible for full compliance with each
of the commitments set forth herein. Attached hereto and incorporated herein is
Figure 1, which describes the location of the various water quality protection
monitoring wells and surface water sites set forth in the report: "Wellfield
Monitoring Requirements for City of Carmel, Indiana," a copy of which is on file
with the Department of Community Services of the City of Carmel (the "DOCS")
and incorporated herein. The wells and surface water sites described
hereinbelow are the same as located in Figure 1.
1 . Covenantors will provide the City complete access to the proposed
monitoring wells and pits on their property and to the discharge ponds
located west of Gray Road and south of 106th Street (hereinafter referred
to as the "discharge ponds" or singularly as a "discharge pond") (all as
identified in the Monitoring Framework Report, dated ,
prepared by , and incorporated herein (the "WHPA
Monitoring Framework Report"). A copy of such WHPA Monitoring
Framework Report is available in the office of the DOCS. The DOCS shall
determine the frequency of samplings from all monitoring sites and the
information to be obtained. The DOCS may utilize other sources of
1
information in reaching such determinations, including, without limitation,
the Wellhead Protection Local Planning Team or similar group.
2. The Covenantors shall pay for all sampling and tests of water within the
capture zone, including, but not limited to, water quality testing at
laboratories certified in Indiana to test for drinking water parameters
established in the Federal Clean Water Act. The Covenantors shall pay
for all equipment, supplies, installation, maintenance, repair, and
replacement of all wells and testing devices described herein or as may be
reasonably required by the DOCS from time to time to comply with the
provisions hereof.
3. The Covenantors shall install water level recorders and shall pay the costs
of water level monitoring equipment and
("SCADA") devices in at least nine (9)
new locations to be determined by the DOCS within the capture zone.
These locations may include several monitoring wells in the sand and
gravel aquifer and at new stilling wells located in all mine discharge ponds.
Water levels will be recorded dailv at each water level measuring point
and the costs of monitoring and well maintenance shall be borne by the
Covenantors.
4. The Covenantors shall purchase and install four (4) monitoring wells,
including the materials used therefore, and shall at their expense install
continuous water level measurement equipment and dedicated sampling
equipment. Such wells shall be installed at locations to be determined by
the DOCS within the capture zone and the sampling shall be conducted
on a daily basis for each well at the sole expense of the Covenantors.
5. The Covenantors shall establish and pay for the monitoring of two (2)
surface water quality measuring stations in the discharge ponds and one
(1) surface water sampling location in Blue Woods Creek downstream
from the NPDES permitted discharge location. In addition, the
Covenantors will install and pay for the monitoring of two (2) new surface
water level measuring stations that will be established with stilling wells in
the discharge ponds. The new stilling wells will be surveyed for vertical
reference to the nearest 1/1 ooth of a foot.
6. The Covenantors shall construct, monitor, repair, maintain, and replace as
necessary two (2) new weirs, one on the inlet to the northeastern
discharge pond and one on Blue Woods Creek west of Hazel Dell
Parkway. The Covenantors shall install continuous water level
measurement equipment to calculate discharge at such locations. The
City of Carmel shall have the right and access to monitor surface water at
one location on Blue Woods Creek, east of Gray Road, at the expense of
the Covenantors.
2
7. The Covenantors shall use flow meters to track the discharge of wash
water and sump water to the discharge ponds from the Real Estate and
from any other site that is owned or controlled by any of the Covenantors
that drains to or is pumped into any of the discharge ponds.
8. All data collected as a part of this effort will be reported to the City of
Carmel on a quarterly basis; provided, however, that the City of Carmel
may require more frequent reporting in its sole discretion.
9. In the event any monitoring shall disclose an actual degradation of water
quality or an imminent threat to water quality for the area, the Covenantors
shall immediately upon receipt of notice from the City of Carmel cease and
desist such activities as may be causing the degradation or threat. If the
Covenantors do not voluntarily cease and desist such activity, then the
City of Carmel shall have the right to order the Covenantors to
immediately cease and desist from so much of their activities as are or
may be causing the degradation or threat to the water quality of the area,
which order may remain in effect until such time as the water quality has
been improved to reasonably acceptable standards or until the threat to
the water quality has been abated.
10. In the event the City of Carmel shall suffer any damages by reason of the
degradation of water quality or threat to water quality for the area by
reason of the actions or inactions of any Covenantor, including the
payment of fees to attorneys and/or consultants, all Covenantors shall be
jointly and severally liable to the City of Carmel for reimbursement of such
damages, including, without limitation, court costs, attorneys' fees, costs
of collection, and costs of litigation. If such actions or inactions of the
Covenantor(s) continue, or are repeated without justifiable cause, then for
successive occurrences the City of Carmel shall be entitled to recover
punitive and exemplary damages from the Covenantors in question in
addition to all other remedies available at law or in equity.
11. In the event the Covenantors shall fail to abide by one or more of the
above commitments, the City of Carmel shall have the right to perform
such activity as the Covenantors were to perform and to recover all direct
and indirect costs and expenses associated therewith from the
Covenantors, including, without limitation, court costs, attorneys' fees,
costs of collection, and costs of litigation.
B. Commitments Regarding Use of the Real Estate
1. The mining at the Real Estate, including removal of overburden, storage of
material, and transportation of material, will be done in accordance with
3
the performance standards set forth in the Carmel City Code, Chapter
20B: M-1/Manufacturing District.
2. No blasting shall occur on the Real Estate without additional affirmative
approval by the Carmel/Clay Advisory Board of Zoning Appeals ("BZAn)
following additional public hearings pursuant to a different Application.
3. The Covenantors hereby waive their right, if any, to seek compensation for
damages resulting from any determination by the BZA, the City of Carmel,
any other governmental body, or the courts that blasting shall not be
permitted within the Real Estate.
4. No processing of raw aggregate into marketable products such as sand
and gravel, other than storage or loading of raw material for transport,
shall occur on the Real Estate.
5. The Covenantors shall relocate the existing Carmel Sand Plant, presently
located on the west side of Hazel Dell Parkway north of 106th Street, to a
site on the east side of Hazel Dell Parkway as soon as possible, and the
Covenantors hereby commit that the mining of raw aggregate on the Real
Estate for processing into marketable sand and gravel shall not
commence until the Carmel Sand Plant has been thus relocated.
6. The utilization of trucks for transporting raw aggregate from the Real
Estate on public roads shall be minimized. The Covenantors shall, to the
extent possible, transport all raw aggregate mined from the Real Estate to
any off-site processing plant by means of conveyor belt, water slurry, or
other means that does not cause traffic increases. The DOCS shall have
the final discretion to select which means of transportation of aggregate
mined at the Real Estate shall be utilized to reach the processing plant
proposed by the Covenantors. If the Covenantors determine that trucks
must be utilized on public roads to transport raw aggregate from the Real
Estate to a processing site, then the DOCS shall have the discretion to
require any and all reasonable and necessary street improvements to
public streets to be installed according to plans and specifications
approved by the City of Carmel and at the sole cost and expense of the
Covenantors, such street improvements to be completed prior to the
commencement of mining on the Real Estate.
7. No sales of any material shall occur on the Real Estate.
8. At any time, and from time to time, the DOCS shall have the power to
require the reclamation plan for the Real Estate to be amended if such
purposes shall include public safety, water quality, effect on the
environment, public or private nuisance, lateral support, or any other
reason in the best interest of the citizens of the City of Carmel; provided,
however, that the Covenantors shall have the right to have the
4
Carmel/Clay Advisory Board of Zoning Appeals review such decisions( s)
by the DOCS prior to their implementation.
9. Prior to commencement of any work on the Real Estate, and at all times
thereafter, the Covenantors shall submit and keep in full force and effect
letters of credit, bonds, or cash ("Financial Security") payable to the City of
Carmel in an amount equal to the cost, from time to time, of reclamation of
the Real Estate in accordance with the reclamation part of the Plans. The
form and amount of the Financial Security shall be subject to the
discretion of the DOCS, shall be subject to amendment from time to time,
and shall be issued by a financial institution or insurance company
licensed to do business in the State of Indiana. The issuer of the Financial
Security shall have a AAA rating and net assets of not less than one billion
dollars. The DOCS shall have the right to require a different issuer of the
Financial Security from time to time, a change the form of Financial
Security, and an increase the amount of the Financial Security if the
DOCS deems such changes to be necessary to protect the City of Carmel
and assure the completion of the reclamation plan as it may exist from
time to time.
10. The City of Carmel shall have the unrestricted right to draw down all or
any part of the financial security without cause, and the rights of the City of
Carmel shall not be subject to claims by the Covenantors or any creditor
or bankruptcy trustee of any of the Covenantors. The City of Carmel shall
use all funds so received for the purpose of reclaiming the Real Estate in
the event of default by the Covenantors and for the payment of any
mitigation costs incurred by the City of Carmel resulting from the operation
of the mine on the Real Estate or caused by the acts, omissions, or
negligence by the Covenantors, including, without limitation, mitigation
costs incurred off-site. The terms of the reclamation plan shall include a
provision allowing the City of Carmel its reasonable attorneys' fees and
other expenses of litigation, mediation, or arbitration in the event of
litigation regarding its rights to payment under the financial security,
including, without limitation, defenses raised by the Covenantors.
11 . The Covenantors have submitted to the DOCS and the BZA has approved
the grading plan, development plan, landscaping plan, mining plan,
reclamation plan, soil conservation and erosion control plan, spill
prevention, control, and countermeasure plan, wellfield protection plan,
groundwater and surface water monitoring plan, drainage plan, operations
plan (including, without limitation, hours of operation, types of equipment,
noise, lights, fugitive dust, truck routes, and other matters deemed
important by the DOCS) (collectively, the "Plans"). No substantial
deviation from such Plans shall be permitted without the granting of a
Variance by the BZA following notices and hearings in accordance with
the Rules of Procedure of the BZA governing variances of use and
development standards.
5
12. The Covenantors shall submit an annual report on or before March 1 of
each year indicating the progress that has been made in the development
and mining of the Real Estate until final reclamation of the Real Estate.
DOCS shall make the report available for inspection and copying by all
interested parties. DOCS shall have the right to require the Covenantors
to conform to its Plans and other representations made in conjunction with
this matter, in default of which the Covenantors will be subject to statutory
fines and injunctive relief.
13. Prior to commencement of any work on the Real Estate and at all times
thereafter, the Covenantors shall provide to the DOCS for approval copies
of all approvals and permits then in effect from every governmental
agency having jurisdiction over the Real Estate and/or activities of the
Covenantors, including all submittals to such governmental agencies, and
shall include all specifications and restrictions contained in such submittals
and approvals.
14. The Covenantors herby grant DOCS the power to require the Covenantors
to pay for such studies and reports including traffic, dust monitoring, and
noise monitoring, as DOCS shall reasonably believe appropriate from time
to time.
15. The Covenantors shall provide to the DOCS a current copy of the lease
between E. & H. Mueller Development, LLC and Martin Marietta Materials,
Inc., including any other documents that relate to the ownership, control,
mining rights, mineral rights, and other matters involving use of the Real
Estate. The Covenantors agree not to substantially modify or terminate
such lease and other arrangements without the prior written consent of the
DOCS if the effect of such modification or termination would include any
change from the current control of the Real Estate, impair the rights of the
City of Carmel, alter the reclamation of the Real Estate upon completion of
the mining of the sand and gravel therein, or alter the obligations of the
Covenantors to guaranty or fund any obligations of any of the
Covenantors to the City of Carmel.
16. The Covenantors shall have the right to sell or transfer the Real Estate,
the mineral rights within the Real Estate, and/or the leasehold rights in the
Real Estate; provided, however, that the Covenantors shall not be relieved
of any responsibility under these commitments in the event of default by
the transferee, and the transferee of the Covenantors' interest in the Real
Estate shall be subject to all of these commitments, including the rights of
the City of Carmel.
17. These commitments shall apply to the present owner of the Real Estate,
the Covenantors, and all .transferees, assignees, successors, personal
representatives, creditors in possession, trustees, and all other entities
and individuals who may receive all or part of the title to the Real Estate.r
6
The Covenantors and each of their successors and assigns shall be jointly
and severally liable for each of the commitments set forth herein.
IN WITNESS WHEREOF, the Covenantors have caused these Commitments to
be executed by their duly authorized representatives as of the _. day of
200 .
MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation
By:
Attest:
Printed:
Printed:
Title:
Title:
)
)SS:
)
STATE OF
COUNTY OF
Before me, a Notary Public in and for said county and state, personally appeared
and
known to me to be the and
of , who
acknowledged the execution of the above and foregoing Commitments for and
on behalf of said
Witness my hand and notarial seal this _ day of
200_.
Signature:
Notary Public
Printed:
My commission expires:
My county of residence is:
7
"
AMERICAN AGGREGATES CORPORATION, an Ohio corporation
By:
Attest:
Printed:
Printed:
Title:
Title:
COUNTY OF
)
) SS:
)
STATE OF
Before me, a Notary Public in and for said county and state, personally appeared
and
known to me to be the and
of , who
acknowledged the execution of the above and foregoing Commitments for and
on behalf of said
Witness my hand and notarial seal this _ day of
200 .
Signature:
Notary Public
Printed:
My commission expires:
My county of residence is:
8
-,"' v
. ~
E. & H. MUELLER DEVELOPMENT, LLC, an Indiana limited liability company
By:
Printed:
Title:
STATE OF
)
)SS:
)
COUNTY OF
Attest:
Printed:
Title:
Before me, a Notary Public in and for said county and state, personally appeared
and
known to me to be the and
of , who
acknowledged the execution of the above and foregoing Commitments for and
on behalf of said
Witness my hand and notarial seal this _ day of
Signature:
Printed:
200_.
Notary Public
My commission expires:
My county of residence is:
L:\WPFILES\021330\MuellerSouthS&G\COMMITMENTS MuellerSouthS&G1.doc
9
Martin MariettHggregates
Q
~
Indiana District Office
1980 East 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
November 1, 2004
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Special Use Approval for the Mueller Property South Sand and Gravel Operation
Docket No. 04040024-SU
Dear Mr. Dobosiewicz:
As requested by your staff (Pam Babbitt) via telephone on October 26, 2004, please find enclosed
copies (3 ea.) of the following materials:
Neighborhood Analysis - Kingwood Subdivision prepared by Integra Realty
Resources, March 3, 2003
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
~
Dan Hoskins
Enclosures
cc: John Tiberi (w/o enc.)
Y. Bailey (w/o enc.)
W. Phears (w/o enc.)
Z. Weiss (w/o enc.)
T. Mixdorf (w/o enc.)
City of Carmel
CARMEL BOARD OF ZONING APPEALS
-MEMORANDUM-
Date: October 21, 2004
To: BZA Members
From: Jon Dobosiewicz klr .
Department of crunity Services
Re: Docket No. 04040024 SU, Martin Marietta Materials - Mueller Property South
BZA Members:
Please find attached transmittals we received today regarding the Martin Marietta Special Use
application.
Feel free to call me with any questions at 571-2417.
BZAMEME-2004-1021
Page 1
ONE CIVIC SQUARE
CAlUv.ffiL, INDIANA 46032
317/571-2417
Martin Marietta Aggregates
~
Indiana District Office
1980 East 116th Street, Suite 200
Carmel, Indiana 46032
Telephone (317) 573-4460
Fax (317) 573-5975
October 21,2004
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Special Use Approval for the Mueller Property South Sand and Gravel Operation
Docket No. 04040024-SU
Dear Mr. Dobosiewicz:
As requested in the October 19, 2004 letter, please find enclosed copies (10 ea.) of the following:
Martin Marietta Materials Proposed Findings of Fact and Conclusions of Law
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
~
Enclosures
cc: Y. Bailey (wlo enc.)
W. Phears (wlo enc.)
Z. Weiss (wlo enc.)
T. Mixdorf (wlo enc.)
/) ..if' V CL.
\::::, X
City of Carmel
CARMEL BOARD OF ZONING APPEALS
-MEMORANDUM-
Date: October 20, 2004
To: BZA Members
From: Angelina Conn
Department of Community Services
Re: Additional Martin Marietta attachments
BZA Members:
The following items relating to Martin Marietta Materials are attached:
1. Commitments proposed by Martin Marietta Materials.
2. Letter dated October 19, 2004 from DOCS to Martin Marietta Materials
containing our comments on the proposed commitments. (A copy of the letter
and comments was copied to all listed at the end of the letter.)
Feel free to call Jon DobosieWicz or me with any questions at 571-2417.
BZAMEMO-2004-1020
Page 1
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
"
( -,
MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL OPERATIONS
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials"Inc, ("Martin Marietta"), makes the following COMMITMENTS concerning
the use and development of that parcel of real estate located near the intersection of the southwest comer
of 106th Street and Hazel Dell Road, in the City of Carmel, Hamilton County, Indiana, which is more
particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real
Estate").
Statement of COMMITMENTS:
I. General Operation Commitments
(a) Martin Marietta will develop a sand and gravel operation on the Real Estate to commence
in 2004 and continue for approximately 3 to 5 years, depending on market conditions.
The hours of operation regarding the extraction of sand and gravel will be 6:00 AM. to
P.M., Monday through Saturday, during the months of May through October and 6 a.m.
to p.m. in the remaining months. Operations may be conducted outside these hours
only (i) to supply materials for inclusion in a public project; (ii) to respond to an
emergency; or (iii) to meet exceptional demands caused by special projects requiring
work outside normal hours. Operations outside the above stated hours to meet the
demands of a special project shall not exceed 15 days in any calendar year. Except in the
case of emergencies, DOCS shall be advised of all operations outside of the stated hours
at least 48 hours in advance of the work.
(b) Overburden removal shall be completed during the hours of 6:00 AM. to 800 P.M
between the months of November through March (except as necessary to construct visual
and noise barriers) and only on days other than Saturday or Sunday. Martin Marietta
shall conduct all operations, including overburden removal, in a manner so as to
reasonably minimize noise, dust, and light impact on surrounding properties:
(c) Martin Marietta will be requesting approval from the Carmel City Council that the
existing right-of-way associated with River Road, as located on the Mueller Property
South, be vacated once relocation of Blue Woods Creek is completed.
(d) Martin Marietta will seek necessary permits to demolish the buildings located on the Real
Estate within 6 months of the approval of its request for a Special Use Permit for the Real
Estate.
IN.DY.J.4.2.6.12.2y.3..
.-
(e)
(f)
(g)
(h)
The relocation of Blue Woods Creek will be in accordance with the Blue Woods Creek
permit approvals and shall include the lining of Blue Woods Creek as set forth in the
permit approvals.. Martin Marietta will provide as-built plans to appropriate parties
following the relocation construction. Martin Marietta will provide monitoring reports to
appropriate parties following construction of the relocation. A copy of the maintenance
agreement will be provided to the City of Carmel Urban Forester, Building
Commissioner and Department of Engineering
Martin Marietta will dedicate or cause to be dedicated a forty-five-foot half right-of-way
for East 106th Street (Secondary Arterial) following approval of its
request for a Special Use Permit for the Real Estate.
Martin Marietta will cooperate with the City Utilities Dept. in the development of a water
quality monitoring program acceptable to that Dept. Martin Marietta's proposal in that
regard is contained in the document titled "Groundwater and Surface Water Monitoring
Plan for the Mueller Property South Sand and Gravel Operation Carmel, Indiana.," dated
June, 2004 and previously submitted to the Utilities Dept. Martin Marietta recognizes
that the City wants to conduct additional monitoring at its own expense and agrees to
cooperate with the City to permit such additional monitoring. Further, Martin Marietta
shall grant the City access to the monitoring points at all reasonable times, subject to
compliance with MSHA regulations. The City shall also have access to monitoring
locations on an as n~eded basis for emergency purposes.
(i)
The maps, submittals, and undertakings in the T AC responses shall be deemed the
application documents and shall bind the applicant. The Executive Summary is presented
for informational purposes only and shall not be deemed to supersede any map, submittal,
or undertaking. Whenever maps or submittals have been revised the most recently
submitted shall be deemed to supersede all prior maps or submittals and to be binding on
the applicant. A summary of the major submittals and the applicable dates of the final
versions thereof is found in Section 5.0 of the Executive Summary submitted by Martin
Marietta on or about Sept. 15, 2004.
Martin Marietta shall use the existing entrances on 96th St., Gray Road, and 106th St.
(Carmel Concrete entrance) for haul trucks and other heavy equipment accessing the Real
Estate (except as it may be necessary to access to access the Real Estate from 106th St. for
berm construction). No new entrances are proposed in the Special Use application or
allowed by the Special Use approval. Access via the former River Road access point
shall be limited to construction of the berm, maintenance, and other ordinary vehicles not
including haul trucks.
The berm specified along 106th St. shall be substantially complete before the mining of
sand and gravel from the Real Estate.
CD
2. Buffers and Screening
INDY 1426192v~J
(a) A buffer area of approximately 330 feet in width will be maintained along the south side
of 106th Street from the southern right-of-way line which will contain the relocated Blue
-2-
.-
Woods Creek, a berm approximately 19 feet in height adjacent to the southern
right-of-way line, tree plantings, and a 6-foot high chain-link fence. The 19-foot high
berm will provide the visual barrier and screening from 106th Street.
(b) A seeded berm along the western boundary of Hazel Dell Parkway of approximately IS
feet in height and a six-foot chain-link fence will be constructed. The IS-foot high berm
will provide the visual barrier and screening from Hazel Dell.
(c) All landscaping will be completed consistent with the Conceptual Landscaping Plan Map,
a copy of which is on file in the Office of the Department of Community Services.
3. Environmental
(a) Sand and Gravel operations shall be conducted in conformance with the Federal Clean
Air Act and applicable statutes and regulations implemented by the Indiana Department
of Environmental Management.
(b) Martin Marietta shall maintain an approved Spill Prevention, Control, and
Countermeasures (SPCC) Plan for this facility, a copy of which is on file in the Office of
the Department of Community Services.
(c) Martin Marietta will maintain an approved Stormwater Management and Erosion and
Sediment Control Report for this facility, a copy of which is on file in the Office of the
Department of Community Services.
(d) Martin Marietta agrees to utilize strobe safety lights Qn...a.lLQfits..e..QuiDmen.Uo..J:he-..e.xtmt
p'~m*e<J ~~Jaws and rel!ulatiQnsjnstead of back-up alarms in the event of truck traffic
after dark; provided, however, that all such safety measures shall conform to then
existing laws and regulations and safety standards, with regard to back-up protections.
4. Reclamation
(a) Martin Marietta shall reclaim the Real Estate as an open area with (i) slopes no steeper
than 3 to 1 and (ii) domestic grass coverage of not less than 80% per square yard on all
side slopes. A minimum of 6 inches of topsoil will be replaced in the areas to be
seeded/planted. A concurrent reclamation plan will be employed to the extent possible.
(b) All reclamation shall comply generally with the reclamation guidelines adopted by the
Indiana Mineral Aggregates. Association and will be completed consistent with the
Conceptual Reclamation Plan Map, a copy of which is on file in the Office of the
Department of Community Services.
(c) Martin Marietta will provide a reclamation bond payable to the City of Carmel in an
appropriate and reasonable amount to assure reclamation as described in the application
for Special Use. This bond will be kept in full force until Martin Marietta completes the
reclamation of the Real Estate.
-3-
INDY 1426192v;!,~
(
These COMMITMENTS shall be binding on Martin Marietta and other persons acquiring an interest in
the Real Estate. These COMMITMENTS may be modified or terminated by a decision of the
Carmel/Clay Advisory Board of Zoning Appeals made at a public hearing after proper notice is given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of Approval Docket
No. 04040024 SU by the Carmel/Clay Advisory Board of Zoning Appeals and shall continue in effect for
as long as the above-described parcel of Real Estate remains the subject of the Special Use Permit issued
in said Approval Docket No. 04040024 SU or until such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by the Carmel/Clay Advisory Board of
Zoning Appeals and/or the City of Carmel- Department of Community Services.
The undersigned hereby authorizes the City of Carmel - Department of Community SerVices to record
this Statement of Commitments in the office of the Recorder of Hamilton County, Indiana, upon final
approval of Docket No. 040400024 SUo
IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument this
day of September, 2004.
MARTIN MARIETTA MATERIALS, INC.
By:
John J. Tiberi, Vice President/General Manager
-4-
INDY 1426192v~J.
r
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and Stat~, personally appeared John 1. Tiberi,
the Vice President/General Manger of Martin Marietta Materials, Inc., who acknowledged the execution
of the foregoing instrument and who, having been duly sworn, stated that any representations therein
contained are true.
WITNESS my hand and Notarial Seal this
day of September, 2004.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
SIGNATURE BLOCK FOR THE E. & H. MUELLER DEVELOPMENT, LLC TO BE ADDED
This instrument was prepared by Zeff A. Weiss, Ice Miller, One American Square, Box 82001,
Indianapolis, Indiana, 46282-0002, Telephone (317) 236-2319.
- 5 -
INDY 1426192v~d
..
EXHIBIT A
REAL ESTATE DESCRIPTION
INDY 1426192v~J.
.' .
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AM
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City of Carmel
Via Email, Original by mail
October 19, 2004
Zeff Weiss
ICE :MILLER
One American Square, Box 82001
Indianapolis, IN 46282
cOpy
Re: Mueller Property South Sand and Gravel Operations - Statement of Commitments
Dear Mr. Weiss:
The following are additions DOCS requests be made in the Commitments:
1. Martin Marietta shall construct, at it expense, acceleration and deceleration lanes and
a passing blister or dedicated left turn lane and unimpeded thru lanes at all entrances
used for transport of raw materials from the subject parcel along Gray Road and/or
106th Street. These improvements will be subject to the review and approval of the
Carmel Engineering Department.. Martin Marietta shall complete said improvements
within twelve (12) months of the date the Board grants approval of Docket No.
04040024 SUo
2. Martin Marietta shall construct, at it expense, a roundabout intersection improvement
at 106th Street and Hazel Dell Parkway. This improvement will be subject to the
review and approval of the Carmel Engineering Department. Martin Marietta shall
complete said improvements within eighteen (18) months of the date the Board grants
approval of Docket No. 04040024 SUo .
3. Martin Marietta will construct, at its expense, a dedicated northbound left turn lane
along Hazel Dell Parkway at the entrance to the Carmel Sand Plant. This
improvement will be subject to the review and approval of the Carmel Engineering
Department. Martin Marietta shall complete said improvements within twelve (12)
months of the date the Board grants approval of Docket No. 04040024 SUo This
condition shall expire if the processing equipment at the Carmel Sand Plant is moved
to an alternate location prior to commencement of mining on the Real Estate.
4. No blasting shall occur on the Real Estate unless otherwise approved by the City of
Carmel or Board of Zoning Appeals under a future petition for approval to allow
blasting.
5. No processing of sand and gravel, other than loading of raw material, shall occur on
the Real Estate' unless otherwise approved by the City of Carmel or Board of Zoning
Appeals under a future petition for approval to allow blasting.
6. No sales of any material shall occur on the Real Estate.
7. Following approval of Docket No. 04040024 SU Martin Marietta shall submit an
annual report on or before March 1 indicating the progress that has been made in the
ONECMCSQUARE
CARMEL, INDIANA 46032
317/571-2417
i.
.". 7
..
development and mining of the site until final site reclamation. DOCS shall make the
report available for inspection and copying by all interested parties.
8. Prior to commencement of any work on the Real Estate, Martin Marietta shall provide
copies of approvals and permits from every governmental agency having jurisdiction
over the Real Estate and/or activities of Martin Marietta, including all submittals to
such governmental agencies, and shall include all specifications and restrictions
contained in such submittals and approvals.
9. Martin Marietta herby grants DOCS the power to require Martin Marietta to pay for
such studies and reports including traffic, dust monitoring, and noise monitoring, as
DOCS shall reasonably believe appropriate from time to time. The total cost of such
studies and reports shall not exceed $25,000 in anyone-year and $100,000 over the
estimated life of the project.
10. These commitments shall apply to the present owner of the Real Estate, Martin
Marietta, and all transferees, assignees, successors, personal representatives, creditors
in possession, trustees, and all other entities and individuals who may receive all or
part of the title to the Real Estate. The owner of the Real Estate and Martin Marietta
shall be jointly and severally liable for each of the commitments set forth herein.
11. Martin Marietta shall be required to clean all streets along the haul routes utilized in
its operations at least once daily, to the satisfaction of the Carmel Street Departn1ent.
12. This approval is specific to the Martin Marietta Materials, Inc. (Martin Marietta)
proposal for the mining of sand and gravel on the Mueller South parcel only, and in
no way implies that the Board has reviewed, condoned, or approved any aspect of any
other application for mining, either Limestone surface mining or
Limestone underground mining, by Martin Marietta at that location.
The following are modifleation!il DOCS requests be made in the Commitments:
13. 1 (a). Hours of operation (mining) should be limited from 6 a.m. t~ 8 p.m. Monday
through Friday, with no work on Saturday, Sunday, and holidays
14. 1 (b). Overburden removal should be limited from 6 a.m. to 8 p.m. Monday through
Friday, with no work on Saturday, Sunday, and holidays. .
15. I (g). Need inputfrom John Duffy. Should include the following:
a. If detrimental impacts on the water table are observed in the plant 4 well field
(over and above the 3' reduction in head predicted by Wittman) attributed to the
Mueller South operation, or, if contamination is detected in the well. field
attributed to the Mueller South operation, then MM will install replacement
production wells and distribution piping on additiona1lands held by the City.
b. If contamination is detected, a discussion of any agreed upon contingency plan
should be presented (e.g. shut down of operations, replacement wells, increased
monitoring frequency, expanded parameters, etc.).
c. MM will summarize daily and monthly water volumes pumped from the quarry
sump, discharge volumes to the recirculation pond, the volume of water utilized in
various on-site processing plants, and the amount of water discharged to Blue
Woods Creek. These data will be submitted to City of Carmel Utilities personnel
on a quarterly basis.
d. The entire monitoring program agreed to with the Carmel Utilities Departn1ent
should be included as a commitment.
ONE CIVIC SQUARE
317/571-2417
CARMEL, INDIANA 46032
... -. :- -\.
. ...
..~- - ...
't
e. Martin Marietta herby grants The City of Cannel the power to require Martin
Marietta to pay for such additional monitoring, as the City shall reasonably
believe appropriate. The total cost of additional monitoring done by the City shall
not exceed $50,000 in anyone-year and $300,000 over the estimated life of the
~~ .
16. 1 (h). The list of maps and studies provided should be expanded to be a master list of
governing documents for the application. These should be listed in this commitment.
17. 1(j). The berm along 106th Street and Hazel Dell Parkway shall be subs~tially .
complete within 120 days of commencement of the removal of overburden on the .
RealEstate. This shall include, but not be limited to, landscaping installation and
seeding.
18. 3( d). We would like this commitment to extend to allMartin Marietta operations
within Clay Township.
19. 3 (d). This requirement should be at all hours not after dark as noted. Ascending
alarms would also be an acceptable alternative to strobe lights.
20. 4(c). The form and amount of the Financial Security shall be subject to the discretion
of the City of Cannel and shall be subject to amendment from time to time, as the
City shall deem necessary to assure the completion of the reclamation plan.
The following are outstanding issues DOCS requests be addressed in the Commitments or
revised submittal information:
21. Either the text of the sound level assessment model needs to be modified, or the
Skelly and Loy letter to Mr. Hoskins, dated September 24, 2004, needs to be included
as an addendum to the Sound Level Assessment report. The same holds true for the
map revisions included with the September 24, 2004 letter. The noise data, as
submitted is not sufficient to support hours of operation beyond 8 p. m.
Please forward your response to us no later than noon on Wednesday along with proposed
findings. The Department will transmit its report and recommendation to the Board after that
time. We would also be available to meet with any of the parties prior to noon on Wednesday.
Sincerely,
'a.~
~~ C. Dobosiewicz
Planning Administrator
Department of Community Services
Copy: Wayne Phears, via E-mail
John Tiberi, via E-mail
Philip Thrasher, via E-mail
John Molitor, via E-mail
Greg Sovas, via E-mail
Mike Hollibaugh
File
MM. ZeffWeise -041019
ONE CMC SQUARE
CARMEL, INDIANA 46032
317/571-2417
CITY OF CARMEL
Department of Community Services
One Clvlc Square
Carmel, IN 46032
(317) 571-2417
Fax: (317) 571-2426
Fax
T., JO~I\ 11 b
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09/24/2004 14:53
15187820973
SPECTRA ENV GROUP
PAGE 02
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Comments 1.0
Final sentence of the second paragraph indicates that the report is a summary document. It
should say that it is the definitive legal document and that the text and maps included an: the
governing documents. Fwthermore. there should be a statement to the effect that if any of the
maps referenced in this report are in conflict with another submittal, then the enclosed map is the
governing document (previous mine plan maps have shown conflicting directions of mining). AB
presented, the maps included with the submittal do not take precedent over previous versions of
maps with the same title. ~ a result. it is unclear as to the mine plan map that actually governs
the proposed operation. This comment applies to all maps, plates and visuals.
All references to maps or other documents should be specifically referenced (example: Mine
Plan Map should be Mine Plan Map, dated 4/26/04 (or last revision date), sheet 3 of 6.
Comments 2.0
Martin Marietta. needs to commit to lining of the creek. The language in the summary document
is non-committal at best. Lining Blue Woods Creek has implications for water handling and the
viability of an uninterrupted discharge of water to the White River. The creek liner is also key to
the viability of the ~ reolamation proposed for the site.
There needs to be a discussion of the sequencing as it relates to the construction of the ben:ns.
The statement is made that the berms on the northern and eastern sides of Mueller South will be
constructed with material excavated during the relocation of Blue Woods Creek. The section
then. goes on to say that Blue Woods Creek relocation is a large job with a loog lead time and
that the exact sequencing of mining and creek relocation is not clear. Does that mean that the
excavation of sand and gravel may occur before the construction of the berms? Mining should
not take place before the benns are substantially complete.
There also needs to be a discussion of quarry water management techniques.
Comments 3.0
3.1 Explain access routes during site preparation, relocation of the creek, and actual mining. Put
the proposed haul routes On the Mine Plan Map. Indicate haul routes before and after relocation
of the creek. Will a bridge or culvert be requited to <iross the relocated creek? If so, have plans
been provided detailing the crossing? Does the storm water plan in.clud.e the crossing details, if
required? The proposed area for the crossing does not appear on the Mine Plan Map.
09/24/2004 14:53
15187820973
SPECTRA ENV GROUP
PAGE 03
3.2 Limit hours of overburden removal to 6 a.m. to 6 p.m. Monday through Friday, with no work
on holidays.
3.3 Limit hours of mining the same as overburden removal.
3.4 Show primary ingress and egress routes on the Mine Plan Map. It is unclear from the text
how haul trucks, commercial vehicles and equipment will access the property. It is also not cleat
how the site will be accessed when Blu.e Woods Creek is relocated.
Discuss the number of trucks per day. Explain whether there will need to be a crossing of the
creek once relocated.
The document states that no new access points to the property are proposed. The Mine Plan Map
should accurately show the locations of the existing access points.
3.5 Discuss the reclamation objective here. Groundwater will express itself at the toe of slope
around the perimeter of the quarry floor; therefore, toe drains should be constructed. at the toe of
slope around the perimeter of the quarry floor. The drains, as present~ may not sufficiently
collect water at the toe of slope-mine floor interface.
Comments 4.0
4.1 Benn slopes are noted as 3:1. Should indicate horizontal to vertical and be consistent
throughout the document and maps. Typical nomenclature is rise over run (rise:run).
4.3 The water monitoring locations should be identified in the document, and there should be a
discussion of the parameters and frequency of monitoring. The entire program should be
included as a commitment. The potential influence of mine operations on the hydrogeologic
regime of the area are well understood and a topic of study by the Utilities Department. The
intimate relationship between bydtogeology and mining mandates that the water monitoring
commitments be included as an integral part of a consolidated mine plan.
The statement should also be made that City of Carmel Utilities Department personnel will have
unfettered access to monitoring locations.
4.4 Statement is made that Spectra agreed with the study, including the operations at night. This
is not accurate. The original noise study did not include evening noise levels or the relationship
between noise projections md existing night-time anlbtents; therefore, they were not reviewed.
Subsequently, the night-time noise levels were added at Spectra's request along with other
changes that resulted in an amended noise study of September 2004. Please am.end the statement
to reflect an accurate history of the review process.
--,
09/24/2004 14:53
15187820973
SPECTRA ENV GROUP
PAGE 04
Cross Sections
Blue Woods Creek Relocation Area is incorrectly shown near AA'. The maps showing the
location of section A-AA' do not intersect the Blue Woods Creek relocation area and should be
corrected.
Comments 5.0
Is the list of maps and studies provided the master or governing documents of the application and
mine plan? If so, then that affinnative statement should be made. The statement should also be
made that if two documents or maps are in confliet then the most recent te~t crt map prevails and
governs.
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City of Carmel
Fax: 592-4788, Original by Mail
August 30, 2004
Zeff Weiss
ICE MILLER
One American Square, Box 82001
Indianapolis, IN 46282
Subject: Application for Special Use Permit before Board of Zoning Appeals, Mueller South
Dear Mr. Weiss:
We have reviewed the various submittals made to the Board of Zoning Appeals relative to the
mining of sand and gravel on the Mueller South property. These submittals have included maps
and narrative responding to the Technical Advisory Committee's (TAC) questions about the
project. You will recall that we have had two T AC meetings to date, and the submittals included
various changes to the project.
Recognizing that the public hearings on the application have not been completed, we want to
make sure that you are given every opportunity to be in a position to move the application
forward to a decision from the Board.
It is the staff s opinion that the application is technically sound and that, in general, th~ important
issues have been addressed. However, because of the numerous documents and maps, there is
some confusion about the scope of the project and the actual application before the Board.
To that end, we request the following:
1. Please consolidate all of the existing information and maps into one application document
that clearly outlines the various aspects of the project. The narrative should describe the
scope of the project and what is on the maps as well. The maps cannot substitute for a
narrative. For example, there is confusion about the routing of trucks. from the mine
location to the processing plant,.whether the relocated Blue Woods Creek will be lined,
etc. There is also an error on the plans with regard to the direction of mining. All
documents (e.g. the noise study) say that mining will proceed from south to north, while
the maps show the opposite. Be specific about the proposed reclamation plan as well in
terms of text. The application narrative and the maps should give the Board some
confidence in the full scope of the project to enable them to make a decision.
2. In addition to the consolidated application, we must receive a detailing ofthe
commitments that Martin Marietta Materials, Inc., (MM) will make pursuant to this
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
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application. These commitments should be clearly identified, and the commitments
should be able to be tracked in both the text and maps of the application document.
With regard to the noise issue, Spectra Environmental Group. Inc. has stated that the results of
the noise assessment are generally consistent with their own independent analysis. However, you
should understand that it is the staffs opinion that you have not demonstrated the need or
justification to operate the sand and gravel mining beyond normal working hours. For example,
no night-time ambient sound data were presented and the noise models did not include scenarios
where haul trucks were modeled entering or exiting 106th street. The noise study should be
expanded to satisfy these concerns and be submitted with the consolidated application. Spectra
is available to discuss in more detail specific concerns regarding the noise models presented to
date.
To enable staffreview of the documents (including Spectra), we need to have all of the
information for review by September 15. The information must be in the Board's packets by
September 22 in advance of the meeting on September 27.
We recognize that the time is short, but we will have no alternative but to postpone the matter
unless the information requested is received by September 15.
Should you have any questions, please let me know.
Very truly yours,
~~
~n C. Dobosiewicz
Planning Administrator
Department of Community Services
Copy: Douglas C. Haney
Philip Thrasher
John Molitor
MM - ZetT Weise -083004
ONE CMC SQUARE
CARMEL, INDIANA 46032
317/571-2417
Martin MarietO Aggregates
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Indiana District Office
1980 East 116th Street, Suite 200
Carmel, Indiana 46032
Telephone (317) 573-4460
Fax (317) 573-5975
August 10, 2004
Mr. Jon Dobosiewicz
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
RE: BZA Executive Summary
Dear Jon:
In light of the vast amount of information prepared in support ofthe Mueller South Sand
and Gravel Mining Application, an executive summary has been prepared for members of
the Board of Zoning Appeals.
Your assistance in providing this information to the members of the BZA in advance of
tomorrow's hearing is greatly appreciated. Thank you.
Sincerely,
----
Enc.
Cc: P. Thrasher
Y. Bailey (w/o enc.)
W. Phears (w/o enc.)
Z. Weiss (w/o enc.)
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City of Carmel
MEMO
August 6, 2004
TO:
BZA Board Members
FROM:
Connie Tingley
BZA Secretary
571-2419
RE:
August 11, 2004 BZA
Just a reminder:
Executive Session is scheduled for 6:00 PM in the Caucus Rooms.
ALSO:
Please bring with you to the meeting, the Information Booklet, Docket No. 04040024 SU
from Ice Miller. I have enclosed a copy of the front of the booklet for your reference.
If you will not be able to attend the Executive Session or the Special Meeting, please let
me know.
Thanks,
..
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ICE~I.LLER
LEGAL a BUSINESS ADVISORS
CARMEL BOARD OF ZONING APPEALS
INFORMATION BOOKLET
DOCKET NO. 04040024 SU
PETITIONER: MARTIN MARIETTA MATERIALS
PROPERTY: MUELLER PROPERTY SOUTH,
SOUTHWEST CORNER 106TH STREET
AND HAZEL DELL PARKWAY
SUBMITTAL DATE: JUNE 18,2004
BEARING DATE: JUNE 28, 2004
Zeff A. Weiss,
Attorney for Petitioner
ICE MILLER
One American Square
Box 82001
Indianapolis, IN 46282.0002
(317) 236-2100
INDY 1384056vl
One American Square! Box 82001 i Indianapolis, IN 46282-0002 : P 317-236-2100 l F 317-236-2219 I www.icemiller.com
Indianapolis i Chicago ! Washington, D.C.
Page 1 of2
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Dobosiewicz, Jon C
From:
Sent:
To:
Cc:
William McEvoy [wdmcevoy@msn.com}
Monday, August 02,20044:13 PM
Bernie Lally; Tom Yedlick
Holly Detke; Greg Policka; Phil Kincaid; Susan Becker; Phil Kincaid; Susan Becker; Greg Policka;
RexWeiper; Rene Pimentel; Rene Pimentel; Philip Thrasher; DonCraft; Kent Broach; Larry Kane;
Kent Broach; Larry Kane
Subject: Fw: Meeting
----- Original Message ----
From: William McEvoy'
To: John Tiberi
Cc: Philip Thrasher
Sent: Monday, August 02, 2004 4:07 PM
Subject: Meeting
John:
I have reviewed our conversation from last Thursday's lunch and was disapPointed at the lack of
progress we made. The only compromise you were willing to discuss was moving the north face
of the open pit only part of the way to 106th Street, and the other 4 applications remain as filed
with no changes or compromises. I have discussed your "proposal" with our attorney and other
members of the board and this is what "1" think I would try to sell to Kingswood's Mining
Committee, Kingswood's Board of Directors, and subsequently the neighborhood. As I indicated
there are three separate and distinct issues that we are working on:
(1) We will not oppose moving the Carmel Sand and Gravel plant and operation to the east side
of Hazel Dell parkway and the necessary rezoning of that site to "M-l/Manufacturing District,"
providing there are no environmental concerns, and with appropriate set backs and hours of
operation. For instance, it should be screened from Hazel Dell by large berms and some
landscaping so that neither the noise nor lights from operations can been heard or seen in
Kingswood or Wood Creek. In consideration of the movement of the processing plant and the
screening, we would not oppose a new special use application to mine the sand and gravel
deposits on your land north of Mueller North providing it is a "wet operation" using your dredge
and the mined material is transported to the relocated sand and gravel plant by covered
conveyor or tube. Of course you would have to resolve your current lawsuit from the initial BZA
ruling before any of this could occur, and we can show our support for terminating the action
involving the Carmel Sand and Gravel Plant.
(2) The five current applications are a separate issue and we would prefer to continue with
the current process where by the Special Use Application for Sand and Gravel Mining south of
106th is heard on August 11th in front of the BZA. Frankly, I think the BZA will see through
your attempt to obtain piecemeal approvals and we would encourage the BZA to require that all
of the applications be heard simultaneously or that they be denied. If heard simultaneously, we
can get the necessary commitments and you can have some certainty in managing your
business.
(3) Per your request we have asked Fred Glaser to withdrawn the proposed Mining Ordinance D-
1686-04 and have instead proposed modifying the current Indiana Surface Mining Control and
8/2/2004
Page 2 of2
~-":'-i.,
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Reclamation Act and adapting it for aggregate mining. This Act is already in place and seems a
reasonable and logical place to begin. We would prefer to defer any further special use hearings
until after Carmel has adopted some sort of Ordinance, and we both know that the one being
proposed is inappropriate. Again, although 1 know you are against regulations of any kind, if
they are fair and reasonable, then you will have certainty in your business operations and a
greater likelihood of being successful in your special use/rezoning applications in the future.
Kingswood's long standing position is that all we are seeking is peaceful enjoyment of our
homes, along with protecting "our" environment. We believe this can be accomplished with an
adaptation of existing state law that will also allow you to operate successfully and responsibility
in Southeast Carmel.
If you are in agreement with my proposal we can meet to further discuss these issue. However,
with all that is going to be covered at the WellHead Protection Committee Meeting Tuesday
morning I am not sure a joint meeting at 11 :00 am is possible.
Regards,
Bill McEvoy
President
Kingswood Homeowners Association
8/2/2004
4.
Martin Mariet~ Aggregates
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Indiana District Office
1980 East 116lh Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
Connie Tingley, Administrative Assistant
Board of Zoning Appeals
One Civic Square
Carmel, Indiana 46032
July 30,2004
RE: Special Use Approval for the Mueller South Sand and Gravel Operation
Dear Ms. Tingley:
Please find enclosed 5 copies (three volumes each) of the Martin Marietta booklets and
materials submitted in connection with Martin Marietta's pending application for Special
Use Approval for the Mueller Property South Sand and Gravel Operation, which was filed
on December 13, 2002:
Response to Comments Provided During April 24, 2004, T AC Meeting in
Connection With Application for Special Use Approval (July 2004)
Construction Plan for Mueller Property South Sand and Gravel Operation to
Comply With 327 1 AC 15-5-6.5 (April 2004)
Response to Requests for Information in Connection with Application for Special
Use Approval (March 2004)
Sincerely,
Dan Hoskins
Martin Marietta Materials
Enclosures
:'
THOMAS C. YEDLICK
5053 St. Charles Place
Carmel, Indiana 46033
Office 317-844-0141 x253
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July 29, 2004
Michael Hollibaugh, Director DOCS
City of Carmel
One Civic Square
Carmel, Indiana 46032
CC via e-mail:
John Tiberi
Zeff Weiss
Phil Thrasher
John Molitor
Jon Dobosiewicz
Angelina Butler
Re: Request to table Public Hearinl! on Special Use for
Mueller South sand and I!ravel operations
Dear Mike,
Pursuant to our previous discussions on this matter, this is a request that the public hearing on the
Mueller South Sand and Gravel Special Use Request be tabled until such time as the following
issues are resolved.
Nonconforminl! use status of the Hazel Dell Parkwav Processinl! plant
As you are aware, the application filed by Martin Marietta contemplates the extraction of sand
and gravel on the south side of 106th Street. In previous applications for sand and gravel
operations, it has been made very clear by Martin Marietta that processing is an integral part of
such operations.
However in this application, although processing is an essential activity, it is not included within
the scope of this application. That is because Martin Marietta has made it clear that it intends to
process the sand and gravel offsite, namely the Carmel Sand processing plant. As such, it is not
possible to complete the sand and gravel operations as contemplated without use of the
nonconforming Carmel Sand plant.
As you are aware, it is my contention that this would require a separate variance of use because it
would otherwise be an impermissible modification and expansion of use of this plant. An
Appeal of your Determination Letter on this issue is on file with the Department and is currently
pending. Because use of the processing plant is a critical part of the Mueller South application, it
is my belief that until this Appeal is determined, the Board cannot properly take up consideration
of this agenda item.
Comprehensive plannin2 and zonin2
All together, Martin Marietta has three sites that are currently involved in sand and gravel
operations or are the subject of pending applications. These include Carmel Sand, this
application for Mueller South, and an as yet docketed application for Mueller North. These
separate sites are adjoining, and taken as a whole, will comprise nearly 200 acres of sand and
gravel operations.
However under separate Special Use applications, each one stands alone for the Board's
consideration. This does will not allow the BZA to assess the combined full impact of these
Special Uses. While Martin Marietta is seeking separate Special Uses, it is clear it intends to
combine these sites operationally but has not made disclosures of that impact. The potential
impact ofthese operations, taken as a whole, may well be greater than the sum ofthe parts.
There is no way to assess that potential without considering all potential uses. To accomplish
this, all contemplated sand and gravel operations should be combined for the Board's
consideration.
Pendin2 le2al proceedin2s affectin2 the processin2 plant and Mueller North
Martin Marietta is appealing the BZA's 2002 denial of a Special Use for Muller North and for
relocating the processing plant. The BZA also has a Rule of Procedure not allowing a new
application related to matters that are under appeal from a previous denial.
In this instance, the use of the processing plant to process minerals from Mueller South without
specifying such in the Application is flaunting the Board's Rules. It is a clear attempt to
circumvent the Board's rules by accomplishing a use expansion of the processing plant without
an appropriate use variance, and a use variance can not be considered while an appeal is pending.
If the Board's rules are applied on face value, this should not be permitted.
Mike, it is my beliefthat the public and the Board would be best served by considering all sand
and gravel operations as a whole, and request consideration be given to that end.
Sincerely,
Martin Marietta Aggregates
Indiana District Office
1980 East 1161h Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
July 23, 2004
Mr. Michael McBride, P.E.
Department of Engineering
City of Carmel
One Civic Square
Carmel, Indiana 46032
RE: Special Use Approval for the Mueller South Sand and Gravel Operation
Dear Mr. McBride:
As requested please find enclosed a copy of the Martin Marietta booklets and materials
submitted in connection with Martin Marietta's pending application for Special Use
Approval for the Mueller Property South Sand and Gravel Operation, which was filed on
December 13,2002:
Response to Comments Provided During April 24, 2004, T AC Meeting in
Connection With Application for Special Use Approval (July 2004)
Construction Plan for Mueller Property South Sand and Gravel Operation to
Comply With 327 1AC 15-5-6.5 (April 2004) .
Response to Requests for Information in Connection with Application for Special
Use Approval (March 2004)
Application for Board of Zoning Appeals Action Special Use Approval Request
Mueller Property South Sand and Gravel Operation (December 2002)
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
~
n Tiberi U
egional Vice President - General Manager
MidAmerica Region
Enclosures
cc: M. Hollibaugh (w/o enc.)
RESPONSE TO REQUESTS FOR INFORMATION IN CONNECTION WITH
APPLICATION FOR SPECIAL USE APPROVAL
MUELLER PROPERTY SOUTH SAND AND GRAVEL
March 2004.
Additional Copies:
cc:
. '
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Dan Hoskins
Mike Hollibaugh
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
3/17/2004
N Notebook John Tiberi - Hand Deliver
Filed Notebook
UPS Notebook
UPS Notebook
UPS Notebook
UPS Cover Letter & Res onses Onl
UPS SPCC Plan Onl
UPS E&S Control Plan Onl
UPS E&S Control Plan Onl
UPS E&S Control Plan Onl
UPS E&S Control Plan Onl
UPS Mine, Reclamation & Landscape Plan
Martin Marietta Aggregates
Indiana District Office
1980 East 116lh Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
July 23, 2004
Mr. Gregory H. Sovas, P.E.
Vice President Governmental Affairs
Spectra Environmental Group, Inc.
19 British American Boulevard
Latham, NY 12110
RE: Special Use Approval for the Mueller South Sand and Gravel Operation
Dear Mr. Sovas:
As requested please find enclosed a copy of the Martin Marietta booklet and maps for the
Relocation of Blue Woods Creek in connection with Martin Marietta's pending application
for Special Use Approval for the Mueller Property South Sand and Gravel Operation:
Proposed Channel Relocation and Access Road Culvert
Blue Woods Creek, Hamilton County, Indiana
Construction Plans for Relocation 0 Blue Woods Creek, Hamilton County, Indiana
Riparian Planting Scheme
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
~7k~
Jo n iberi () .
Re lonal Vice President - General Manager
MidAmerica Region
Enclosures
cc: M. HOllibaugh (wlo enc.)
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Page 1 of1
Tingley, Connie S
From: Amy S Quarterman [QUARTERMAN_AMY _S@L1LLY.COM]
Sent: Tuesday, July 13, 20043:34 PM
To: ctingley@cLcarmel.in.us; gstahl@cLcarmel.in.us; jblanchard@cLcarmel.in.us;
jpohlman@ci.carmel.in.us; jwal ker@ci.carmel.in.us; mhollibaugh@ci.carmel.in.us
Subject: 106th and Hazel Dell Parkway
I didn't hear back from Jon or Jeff, so I thought I'd forward this along to see if I can get a response from someone
else or at least be directed to the correct person.
Thanks,
Amy
-- Forwarded by Amy S QuartermanlAM/LL Yon 0711312004 03:30 PM--
Amy 5 Quarterman
0612912004 03:33 PM
To: jdobosiewlcz@cLarmel.in.us. jkendall@cl..carmel.in.us
cc:
Subject: 106th and Hazel Dell Parkway
Jon or Jeff,
Sorry, I wasn't sure who to send this to, so I'm sending it to both of you. I spoke with someone on the phone
yesterday about the Public Hearing notice posted at the corner of 106th and Hazel Dell Parkway. The person I
spoke with told me to write a letter or e-mail to respond to the request to allow Martin Marietta to put another
gravel pit in that location. I also was told that the public hearing was changed to be in August now, so I thought I'd
write now in advance of the meeting.
I implore you: Please do not put another gravel pit in Carmel. Isn't it enough that further north on Hazel Dell, you
allowed developers to take away what little greenspace, trees, and natural resources we have on the White River
to add rich, ugly, invasive, and destructive housing developments? Furthermore, Martin Marietta already owns
and operates (even uglier than the new housing developments) multiple gravel pits between Gray Rd. and Hazel
Dell. Now, one of the few corners left on Hazel Dell that is still left natural and undisturbed is also set to be
removed. Why? I'm sure there are only financial reasons for the decision, but I do hope that you will be able to
retain that site as a natural, untapped environmental area. There is a park across the street, couldn't we just add
acreage to that instead? I have often seen Deer, Fox, Bluebirds, Baltimore Orioles, etc. at that corner and
throughout the small farm area betw
I hope you hear this plea, I'm sure my one small voice doesn't add up to much, but I do hope you will consider
what I have said because I'm sure I speak for many who didn't bother to call when they saw the cryptic Public
Hearing Notice and will therefore be horrified when they see their neighborhood turned upside down into a gravel
pit.
Sincerely,
Amy Quarterman
A concerned Carmel Citizen
7/13/2004
Martin Mariett~ Aggregates
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Indiana District Office
1980 East 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
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July 6, 2004
Mr. John B. South, Soil and Water Conservation District Engineer
Hamilton County Soil and Water Conservation District
1108 South 9th Street
Noblesville, Indiana 46060
RE: Construction Plan for Mueller Property South Sand and Gravel Operation
Dear Mr. South:
Enclosed please find written replies and enclosures in response to your May 27, 2004,
review of the Construction Plan for Mueller Property South Sand and Gravel Operation to
Comply with 327. lAC 15-5-6.5 (Construction Plan). As part of the enclosures, a revised
Mueller Property South Erosion and Sediment Control Report (Erosion and Sediment
Control Report) has been included. Typed below is' each of your comments, with Martin
Marietta's response or reference to an enclosure beneath each of your comments in bold,
italicized type.
Section A:
2. 11 x 17 -inch plat showing building lot numbers/boundaries and road layout/names
Martin Marietta provided the requested plat in the original Construction Plan
onpage 1-7.
5. Legal Description of the Project Site (Include Latitude and Longitude - NOI
Requirement).
Martin Marietta provided a legal description on page 1-3 of the original
Construction Plan document The latitude and longitude have been added to this
legal description. Enclosed please find a revised page 1-3. Please replace existing
page 1-3 with the referenced enclosure.
16. Show construction limits for the total project - including relocation of Blue Woods
Creek.
Martin Marietta has revised Figure 2, Erosion and Sedimentation Control Plan
Before Stream Relocation, of the Erosion and Sediment Control Report to show the
construction limits for the entire project.
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21. The report mentions that excess soil could be removed from the site. If the soil is
deposited on a non-Rule 5 site then this erosion control plan needs to address the offsite
area.
Page 5-1 of the Construction Plan has been revised to include additional
verbiage regarding soil that will be "removed" from the site. Any soil that is removed
from the site will either be sold or stored at the adjacent North Indianapolis Plant.
Please replace existing page 5-1 with the referenced enclosure.
Section B:
2. This Rule 5 review includes the construction of the. relocated Blue Woods Creek.
Several times it is mentioned that the relocation is a permitted project. This does not
exempt the channel relocation from the Rule 5 review. The construction sequence for Blue
Woods Creek is satisfactory. The narrative suggests that in the southeast quarter it is
unlikely that stormwater would flow toward the creek. The topography would suggest the
area would readily flow toward the creek. Perimeter controls will be needed if the relocation
has not been completed when this area is excavated.
The area south of Blue Woods Creek will be mined from the south to the north
so that drainage will run to the south to the existing North IndianapoliS Plant. In the
unlikely event that runoff from disturbed areas would tend to flow to the northwest,
channels and/or sumps will be installed to direct water to the south. A note has been
added to Figure 2, Erosion and Sediment Control Plan Before Stream Relocation,
explaining this issue. In addition, a buffer boundary (vegetative filter strip) will be
maintained between the Creek and disturbed areas. This is explained on page 5 of
the Erosion and Sediment Control Report. Perimeter controls will not be needed.
3. Show construction entrance on the plan and provide specifications.
There will not be a construction entrance from a public road to the subject
property. Access to the site will be from the existing North Indianapolis Plant.
5. The sediment basins need to have dimensions and the topographic lines marked. The
information as shown would be difficult to build. 'I would prefer to see the elevations and
pipe sizes for the pipe spillways on the plan. The outlet channels for the sediment basins
need to be stable. Show grades and slopes for the flowlines. The proposed rock filter dam
is not appropriate for. this application. A large area could be exposed while the overburden
is removed. A sediment basin is the appropriate practice for large disturbed areas. Sec 6.4
Construction Sequence - Please include a construction entrance in the sequence and
reference Sec 6.1 in the first statement. I would prefer to see one detailed construction
sequence for the project. It makes the plan harder to understand when two or three different
scenarios are planned. The sequence should fully integrate the channel relocation with the \
proposed overburden removal.
Figure 2, Erosion and Sedimentation Control Plan Before Stream Relocation, of
the Erosion and Sediment Control Report has been revised to show information on
basin dimensions, topographic lines, and pipe sizes for the spillways. Grades and
slopes for the interceptor channels are also provided on the plan sheet.
After stream 'relocation, the project site will drain to local sumps or to the
North Indianapolis Plant and channels ()r sumps will be installed to direct the water to
the North Indianapolis Plant when deemed necessary. If mining happens before the
relocation, the area south of the creek will drain to the North Indianapolis Plant as
previously discussed and the area north of the creek will drain to the interceptor
2
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channels and sediment basins. An optional sediment basin was also designed for
unforeseen sediment issues for the area south of the Creek. The rock filter was
eliminated in the new drawing.
It is not possible to provide one detailed construction sequence for the project
at this time. However, upon approval of all pending Mueller Property South Special
Use Applications, a more detailed construction sequence with the chosen scenario
will be provided.
7. The diversion channels need a typical cross-section along with the slope and spot
elevations of the flow line.
Martin Marietta has added the typical cross-section of the interceptor channels
which was previously located in Appendix B onto Figure 2 of the Erosion and
Sediment Control Report. The slopes and spot elevations of the channels have also
been added.
11. The new rule requires that all disturbed areas be stabilized if the area will be dormant
for 15 days. Please include this requirement in the section on temporary seeding.
Page 2 of the Erosion and Sediment Control Report has been revised to
incorporate the requested language.
13. See the statements on sheet 7-6 "MM intends to fuel and service all equipment off-site."
In the past, an excavation company has removed the overburden from a MM mining site.
They fuel the equipmentonsite and repair or service the equipment on-site. I doubt that
when the new channel is excavated with a track hoe that you are expecting the track hoe to
travel back to the regular fueling site as stated in the report. Sometimes this plan seems to
focus on the mining operation instead of the construction activities that take place before the
mining operation. The Spill Prevention on sheet 7-9 provides the necessary information.
This spill prevention plan needs to be enforced for the excavation contractor.
Sheet 7-6 of the Construction Plan has been revised to incorporate the
statement that the excavation contractor will adhere to the Spill Prevention, Control,
and Countermeasure (SPCC) Plan. Please replace existing pages 7-6 and 7-7 with the
enclosures.
Please contact me with any questions or comments at 317-573-4460. We appreciate your
attention to this matter.
Dan Hoskins
.,
cc: M. Hollibaugh (wi enc.)
3
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Legal Description
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Part of the North Half of Section 9, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
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Commencing at the Northwest corner of Section 9, Township 17 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees
55 minutes 56 seconds East (assumed bearing) on the North line of said Section 9, a distance of
1,336.18 feet to the Northwest corner of the East Half of the Northwest Quarter of said Section 9,
said corner being the PLACE OF BEGINNING of the within described real estate; thence South 00
degrees 11 minutes 12 seconds West on the West line of said East Half 1,716.00 feet; thence
South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9, a
distance of 1,336.01 feet to the West line of the East Half of said Section 9; thence South 00
degrees 11 minutes 33 seconds West on the West line of said East Half 156.75 feet; thence South
89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9, a distance
of 919.68 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a
documented titled (Certification of Clerk( recorded in the Office of the Recorder of Hamilton County,
Indiana, as Instrument Number 9709754848 (the following eight courses being on the Westerly line
of said real estate); 1.) thence North 08 degrees 36 minutes 31 seconds East 885.22 feet; 2.)
thence North 02 degrees 53 minutes 53 seconds East 201.00 feet; 3.) thence North 08 degrees
36 minutes 31 seconds East 660.61 feet; 4.) thence North 29 degrees 48 minutes 29 seconds
West 55.59 feet; 5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 feet; 6.) thence
North 89 degrees 03 minutes 10 seconds West 148.00 feet; 7.) thence North 60 degrees 14
minutes 56 seconds West 57.55 feet; 8.) thence North 00 degrees 04 minutes 04 seconds East
16.50 feet to the North line of said Section 9, said point being 3,302.24 feet South 89 degrees 55
minutes 56 seconds East of the Southwest corner of said Section 9; thence North 89 degrees 55
minutes 56 seconds West on said North line 1,966.06 feet to the place of beginning, containing
96.921 acres, more or less.
Approximate coordinates at the center of the site are as follows:
39056'19" N latitude
86004'54" W longitude
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(5) A grading plan, including the following information:
(A) Delineation of all proposed land disturbing activities, including off-site activities that will
provide services to the project site.
See Grading Plan on page 5-2.
(B) Location of all soil stockpiles and borrow areas.
Topsoil will be extracted and stored during overburden removal activities.
Excess overburden materials will either be used to construct permanent
berms or removed from the site. Any soil that is removed from the site will
either be sold or stored at the adjacent North Indianapolis Plant.
(C) Information regarding any off-site borrow, stockpile, or disposal areas that are
associated with a project site and under the control of the project site owner.
Refer to Note No.6 on Grading Plan located on page 5-2.
(D) Existing and proposed topographic information.
Refer to Note Nos. 2 and 4 on Grading Plan on page 5-2.
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A stable construction site access will be provided at all points of constructio
and egress to the project site. No impervious surfaces are proposed for the site.
potential pollutant sources associated with the construction activities that may reas
expected to add a significant amount of pollutants to storm water discharges.
A notice will be posted near the main entrance to the project site containing a copy of the
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completed Notice of Intent (NOI) letter, NPDES permit number, name, company name, telephone
number, and address of a contact person, and the location of the Construction Plan. Any
contractors who enter the site will be informed of the conditions of Rule 5 and the conditions and
standards of the Storm Water Pollution Prevention Plan.
STORM WATER MANAGEMENT CONTROLS
Nonstructural pollution prevention practices and self-monitoring (inspection, good
housekeeping, preventive maintenance, and employee training) will be practiced at all times. The
self-monitoring program to be implemented will include the following. A trained individual will
perform a written evaluation of tne project site by the end of the next business day following each
measurable storm event and, at a minimum, one time per week. The evaluation will address the
o maintenance of the storm water quality measures (Le., basins, channels, berms, etc.) to ensure
that they are functioning properly. Any additional measures necessary to remain in compliance
with all applicable statutes and rules will be identified. Written evaluation reports will include
. name of the individual performing the evaluation,
. date of the evaluation,
. problems identified at the project site, and
. details of corrective actions recommended and completed.
These reports will be made available to the inspecting authority (Hamilton County Soil and Water
Conservation District) within 48 hours of a request. See sample inspection form on page 7-8.
Martin Marietta intends to fuel and service all equipment off-site. Equipment will be
inspected daily to ensure that there are no hydraulic fluid, oil, antifreeze, or fuel leaks. In the event
that a piece of equipment would break down on-site, with no ability to relocate off-site for servicing,
proper spill prevention and control practices will be implemented. The excavation contractor, and
o any other contractors on-site, will adhere to the Spill Prevention, Control, and Countermeasure
7-6
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Plan. Solvents and other chemical reagents will be handled and disposed of by an approved dealer
U in accordance with all local, state, and federal regulations. The Spill Prevention, Control, and
Countermeasure Plan, covering the proposed operation and Martin Marietta's adjacent North
Indianapolis Plant is also included on page 7-8 of the Construction Plan.
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7-7
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City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: June 24, 2004
TO: John Tiberi, Martin Marietta
FAX: 573-5975
FROM: Connie
Attached hereto are _3 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt ofthese pages, please call 317/571/2419
and ask for Connie.
NOTES:
You are listed as the contact person for this docket. Please make sure you notify your
Petitioner(s).
Attached is the Agenda for the June 28,2004 BZA meeting.
Please remember to bring the seven (7) additional fully filled-out Findings-of-Fact sheets
and ballot sheets for each petition the night of the meeting for the Board's use.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individua/(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this te/ecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to a"ange for return of the forwarded documents to us.
City of Carmel
CARMEL BOARD OF ZONING APPEALS
-MEMORANDUM-
Date:
To:
From:
June 18, 2004
BZA Members
Angelina Butler
Department of Community Services
Re:
June 28, 2004 BZA meeting - Martin Marietta
BZA Members:
The following item has sent public notice to be heard at the June 28th BZA meeting. An
information packet is enclosed. Please note that a Special Meeting to hear this item would
be best for the BZA and the petitioner, in order to give this petition the attention it
deserves. It will be up to he BZA to hear this item the night of the 28th or to table it until a
date agreed upon by the BZA and the petitioner, which will most likely take place this
August.
4h. Martin Marietta Materials - Mueller Property South
The petitioner seeks special use approval for a sand and gravel extraction
operation.
Docket No. 04040024 SU Chapter 5.02.02 special use in the S-1 zone
The site is located at the southwest comer of the intersection of East 106th Street
and Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by John Tiberi of Martin Marietta Materials, Inc.
Page 1
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
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ICE
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LEGAL Et BUSINESS ADVISORS
June 14, 2004
WRITER'S DIRECT NUMBER: (317) 236-2319
DIRECT FAX: (317) 592-4788
iNTERNET: Zeff.Weiss@icemil1er.com
VIA E-MAIL
Michael Hollibaugh, Director
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
RE: Mueller South - Sand and Gravel
Dear Mike:
This shall serve to follow up our conversations regarding the Mueller South Sand and Gravel
Application for Special Use Approval of Martin Marietta that is scheduled to be heard on June 28,
2004. As we understand it, the BZA has a relatively full agenda that evening and it wi11likely be
considering your request for an interpretation regarding Martin Marietta's existing operations under
certain provisions of the Carmel/Clay Zoning Ordinance. In light of the foregoing, it seems that it
would benefit all interested parties to have the Application considered by the BZA at a special
meeting dedicated solely to this Application. This would provide for a full and fair opportunity for
all interested parties to present their positions without inconveniencing others presenting business to
the BZA and otherwise leading to a very long evening. Martin Marietta is agreeable to rescheduling
the hearing date for this Application. Due to scheduling issues on the part of various participants of
Martin Marietta, we respectfully request that the BZA consider hearing this matter during the week
of July 19 through July 23,2004. We would be available either in the evenings or during the day.
Please let us hear from you whether the Department of Community Services supports the
continuance of this Application to a special meeting of the BZA dedicated therefore.
As always, we appreciate your time and consideration.
Very truly yours,
ICE MILLER
Zeff.ft. Weiss
Zeff A. Weiss
ZA W:kj - 1377033
cc: John Tiberi (via e-mail)
Yvonne Bailey (via e-mail)
Wayne Phears (via e-mail)
Jon Dobosiewicz (via e-mail)
One American Square I Box 82001 I Indianapolis, IN 46282-00021 Phone: (317) 236-2100 I Fax: (317) 236-2219\ www.icemiller.com
Indianapolis I Chicago I Washington DC
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Message
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Page 1 of 1
Butler, Angelina V
From: Butler, Angelina V
Sent: Wednesday, June 09, 200410:25 AM
To: 'Zeff.Weiss@icemiller.com'
Cc: Hollibaugh, Mike P; Dobosiewicz, Jon C; Tingley, Connie S
Subject: RE: Mueller South - Sand and Gravel
Mr.. Weiss:
In response to your letter, the Department will table the Martin Marietta item, docket no. 04040024 SU, until the
date of the Special BZA Meeting, to be determined.
Sincerely,
Angie Butler
Planning Administrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032 P 317.571.2417 f 317.571.2426
6/9/2004
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!!!!i1ey, Connie S
Subject:
Butler, Angelina V
Friday, May 14, 2004 11 :22 AM
Tingley, Connie S
Morrissey, Phyllis G; pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C;
Pohlman, Jesse M; Brennan, Kevin S
UPDATED: (SU) Martin Marietta - Mueller Property South (#04040024 SU)
From:
Sent:
To:
Cc:
Connie,
Please print and fax this e-mail to the petitioner identified below and update the file. I have revised the dates for the
Docket Number for (SU) Martin Marietta - Mueller Property South. The fee remains the same:
Docket No. 04040024 SU
Total Fee:
$630.00 (fee rate in 2002)
$630.00
Martin Marietta Materials - Mueller Property South
Petitioner seeks special use approval to establish sand and gravel extraction operation on 96.921~ acres.
Docket No. 04040024 SU Chapter 5.02.02 special use in the S-1 zone
The site is located at the southwest comer of the intersectibn of East 106th Street and Hazel Dell Parkway.
The site is zoned S-I/Residence - Low Density.
Filed bv John Tiberi of Martin Marietta Materials. Inc.
Petitioner, please note the following:
1. This Item was on the April 21 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, June 3, 2004. Published notice is
required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, June 25. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than Noon, Friday, June 18. Failure to submit Informational Packets by this time will result in the automatic
tabling ofthe petition to the Monday, July 26,2004, agenda of the BZA.
5. This Item will appear on the June 28, 2004 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Petitioner: please complete the followine items:
1.) Please show a natural open space buffer of 300-ft when adjoining or abutting a residential use or district.
2.) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor.
3.) You may receive an additional review letter after the TAC meeting.
Please contact Mr. Tiberi at - (Fax: 573-5
--~
my office. ------
Also, fax a copy to Mr. Zeff Weiss ofIce Miller at
ith this informati~y. Once the file is updated please return it to
5-1'I-{)7 t?<:(J1J~ ~
6-2319 (Fax: 592-4788) with this information.
-)ZJ~L-) :5 -1,/-iJ i
.7 I olJ 3; ~ /YY"''-
{VI-'
Thank you,
Angie
1
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::"t-~'--~ I~
THRASHER BUSCHMANN GRIFFrm & VOELKEL, P.C.
Attorneys-at-Law
Market Square Center
151 N. Delaware St., Ste. 1900
Indianapolis, IN 46204-2505
Ph.: (317) 686-4773 Fax: (317) 686-4777
Computer Address: thrasher@indiana-attorneys.com
May 12, 2004
PHILIP C. THRASHER
STEPHEN R. BUSCHMANN +
MATTHEW A GRIFFITH
DENNIS L VOELKEL
STEVEN C. EARNHART
JEFFREY M. BEllAMY*
+ Also Registered Lobbyist
* Also Indiana R~stered Chil Mediat<r
Department of Community Services
City of Carmel and Clay Township
Carmel City Hall
One Civic Square
Carmel, IN 46032
Attention: Michael Hollibaugh, Director
Re: Application for Special Use Approval of Sand and Gravel Operation on the
Mueller South Property by Martin Marietta Materials, Inc.
Docket No. 04040024
Dear Mike:
Please accept this letter as the appearance by the firm of Thrasher Buschmann Griffith
& Voelkel, P.C. on behalf of Kingswood Homeowners Association, Inc., William
McEvoy, Larry J. Kane, Holland C. Detke, Rex Weiper, Greg Polinka, and Phil Kincaid
as remonstrators against the captioned Application.
Please also find enclosed the original and six copies of our Remonstrator's First
Request to Table Application for Special Use. Please file-stamp one copy thereof and
return it to me in the enclosed envelope. I am sending a copy directly to Zeft Weiss.
We respectfully request that the undersigned be sent copies of all future submittals and
correspondence by and between your Department and Martin Marietta Materials, Inc.,
and all future submittals and correspondence by other remonstrators, interested parties,
and experts. We will likewise copy Zeft Weiss on behalf of Martin Marietta Materials,
Inc. and any other remonstrators of whom we become aware. We will make
arrangements to obtain copies of documents and correspondence currently in your file.
Likewise, to the extent applicable, these same individuals and entities will be active in
all hearings and discussions involving the proposed Mining Ordinance that is pending
,
..-" - ,
May 12, 2004
Department of Community Services
page 2
before the Land Use and Annexation Committee of the Carmel City Council. I would
appreciate your putting me on your mailing list for notices and other communication
involving such ordinance. I will then disseminate such information to the above
individuals. Thank you.
Should you have any comments or questions, please feel free to contact me at any
time.
Very truly yours,
MANN GRIFFITH & VOELKEL, P.C.
P
Encl.
L:\WPFILES\021330\040512mh.ltr.doc
Butler, Angelina V
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From:
Sent:
To:
Subject:
Brewer, Scott I
Thursday, April 29, 2004 12:05 PM
Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P
Martin Marietta South Property
Dear Mike and Jon:
Today I got a fax from Max Williams about the landscape buffer for the south property. They have taken care of my species
comments, but they have specified the size of the stock as 3-5 gal. container stock of .75 inch caliper (5 feet tall) for there
shade trees and smaller for shrubs. Max did this because that's the size I allowed on the North property where they are
planting the trees on the constucted berm and also leaving the existing trees (50') as a buffer.
But on the south property the berm is being planted with grasses only and the bufferyard plantings are going adjacent to the
walking path on the edge of the property. Obviously Martin Marietta wants to plant with the smaller stock, but I told Max that
we might have to go with the standard size stock which is 2.5" caliper (minimum 8' height) shade trees, 1.5" ornamentals
and 18" tall shrubs, a substantial increase in size.
The bufferyard requirments (26.4) do not specify the size of the stock to be planted (it was left out in one of the revisions). I
told Max I would get back to him as soon as I could with our decision. Which do you think is more appropriate? The larger
stock matches what is on Hazel Dell Parkway now.
Scott Brewer
Urban Forester, City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2478
1
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~"-8utler, Angelina V
From:
Sent:
To:
Cc:
Subject:
Brewer, Scott I
Monday, April 26, 200410:51 AM
'Max Williams'
Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P
RE: Landscaping Comments on Mueler South Sand and Gravel Operations
Dear Max:
I will call you to confirm this email as well.
For Questions 1,2, and 3: THank you and I will await the revised plans. Those should be
good choices.
As far as the grasses on the pit floor go, JF New would be the experts to ask. I would
think that most of the time they could be "let go," but many species need to be either
burned or mowed every year or two in order to reseed. It would depend upon the species and
size of the native prairie grasses you seed with. I would think that JF New would make
recommendations and you could include their recommendations on the plans as a maintenance
program.
If you have any other questions, please let me know.
Scott Brewer
Urban Forester, City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2478
-----Original Message-----
From: Max Williams [mailto:max.williams@martinmarietta.com]
Sent: Monday, April 26, 2004 9:56 AM
To: Brewer, Scott 1
Subject: RE: Landscaping Comments on Mueler South Sand and Gravel
Operations
I would like your concurrence before finalizing our response, but following
is our suggestions. The changes noted below will be on the LANDSCAPING PLAN
MAP.
Question 1:
We'll add bur oak, tuliptree and American hornbeam. The chart listing the
trees will be expanded accordingly.
Questions 2 & 3:
We'll add a note on the berm that it is approximately 19 feet in height.
The seeding chart will be clarified that it applies to the "Proposed Seeding
Area" as noted in the legend. It is for the large cross-hatched area where
the sand and gravel will be removed.
Another seeding chart will be added for all other areas. The mixture will
be "No. 18 Mix, Wear and Tear" as produced by the Indiana Seed Co. This is
what will be applied to the berm.
As far as a maintenance schedule for the prairie grasses, we would like your
suggestion. They will be on the pit floor after the sand and gravel mining
has been completed. Do they need to be mowed? If so, how often? Wouldn't
they be OK left alone and not mowed? We wouldn't propose burning due to
other issues that would arise from this procedure.
1
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Question 4: Again, we WOU1~ your suggestions.
"-do "'Some research with JF New.
In the rr~e, I will
.
Please call me when you get this. I will be in all day except for 10:15 to
abut 11:30 this morning. I can be reached mobile while I'm out.
Max Williams
Martin Marietta Aggregates
317-573-4460 Office
317-418-2508 Mobile
-----Original Message-----
From: Brewer, Scott 1 [mailto:SBrewer@ci.carmel.in.us]
Sent: Wednesday, April 21, 2004 5:17 PM
To: 'max.williams@martinmarietta.com'; Butler, Angelina V; Dobosiewicz,
Jon C
Cc: Hollibaugh, Mike P
Subject: Landscaping Comments on Mueler South Sand and Gravel Operations
Dear Max:
There was a meeting of the Technical Advisory Committee on this submital
today, and Dan Hoskons suggested I send my comments to you. They are as
follows:
1. For reasons of species diversity, the number of species of shade trees
and ornamental trees need to be raised to 8 (instead of 5). Two shade tree
species should be added, and one smaller maturing or ornamental species
should be added. A white oak variety, such as bur oak (Quercus macrocarpa)
or swamp white oak (Quercus bicolor) would be a good addition, and possibly
another native tree species like tuliptree (Liriodendron tulipifera) or
kentucky coffeetree (Gymnocladus dioicus) or a Ginko variety (Ginko biloba)
For the ornamental tree, I would suggest a native variety like American
hornbeam (Carpinus caroliniana ) or yellowwood (Cladrastus kentukea).
The addition of these species brings your site diversity to about 15%, and
prevents planting large numbers of the same trees on the same site, a
protection against pest and disease attacks and an increase in maintnenance
and mortality.
2. From the plan it is unclear how high the berms will be, and what will be
planted on them to prevent erosion? Are they to be seeded with Prairie Seed
mix and grasses? What is the maintenance schedule for the prairie grasses?
Are they to be mowed, or burned on an annual basis?
3. Please explain what will be planted (or not planted) in each area:
landscape bufferyard, berms, setback areas, etc.
4. The landscape plan must contact graphic planting details showing the
planting techniques for trees and shrubs. Also any specifications or
planting notes must be included.
Please reply to these comments in writing and by ammended plan. You may
contact me by return email or by calling me at (317) 571-2478.
Scott Brewer
Urban Forester, City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2478
2
Butler, Angelina V
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From:
Sent:
To:
Cc:
Subject:
Brewer, Scott I
Wednesday, April 21, 2004 5:17 PM
'max.williams@martinmarietta.com'; Butler, Angelina V; Dobosiewicz, Jon C
Hollibaugh, Mike P
Landscaping Comments on Mueler South Sand and Gravel Operations
Dear Max:
There was a meeting of the Technical Advisory Committee on this submital today, and Dan Hoskons suggested I send my
comments to you. They are as follows:
1. For reasons of species diversity, the number of species of shade trees and ornamental trees need to be raised to 8
(instead of 5). Two shade tree species should be added, and one smaller maturing or ornamental species should be
added. A white oak variety, such as bur oak (Quercus macrocarpa) or swamp white oak (Quercus bicolor) would be a
good addition, and possibly another native tree species like tuliptree (Liriodendron tulipifera) or kentucky coffeetree
(Gymnocladus dioicus) or a Ginko variety (Ginko biloba). For the ornamental tree, I would suggest a native variety like
American hornbeam (Carpinus caroliniana ) or yellowwood (Cladrastus kentukea).
The addition of these species brings your site diversity to about 15%, and prevents planting large numbers of the same
trees on the same site, a protection against pest and disease attacks and an increase in maintnenance and mortality.
2. From the plan it is unclear how high the berms will be, and what will be planted on them to prevent erosion? Are they to
be seeded with Prairie Seed mix and grasses? What is the maintenance schedule for the prairie grasses? Are they to be
mowed, or burned on an annual basis?
3. Please explain what will be planted (or not planted) in each area: landscape bufferyard, berms, setback areas, etc.
4. The landscape plan must contact graphic planting details showing the planting techniques for trees and shrubs. Also
any specifications or planting notes must be included.
Please reply to these comments in writing and by am mended plan. You may contact me by return email or by calling me
at (317) 571-2478.
Scott Brewer
Urban Forester, City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2478
1
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City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE:
April 13, 2004
..... TO:
John Tiberi
FAX:
_ S7-5 5 '77::;
? / 5- ~'i?.;:( 3
CC: Zeff Weiss, 592-4788
FROM: Connie
Attached hereto are 2 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
You are listed as the contact person for this docket. Please make sure you notify your
Petitioner( s).
Attached is the filing information for:
SU Martin Marietta - Mueller Property South
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents ofthis telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
..;,,: ~-~ "-:
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(.,)
Tingley, Connie S
Subject:
Butler, Angelina V
Tuesday, April 13, 2004 1 :45 PM
Tingley, Connie S
Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C;
Pohlman, Jesse M
Docket No. Assignment: (SU) Martin Marietta - Mueller Property South (#04040024 SU)
From:
Sent:
To:
Cc:
Connie,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket
Number for (SU) Martin Marietta - Mueller Property South. It will be the following:
Docket No. 04040024 SU
Total Fee:
$630.00 (fee rate in 2002)
$630.00
Martin Marietta Materials - Mueller Property South
Petitioner seeks special usejPproval to establish sand and gravel extraction operation on 96.921::l:: acres.
Docket No. 04040024 SU Chapter 5.02.02 special use in the S-1 zone
The site is located at the southwest comer of the intersection of East 106th Street and Hazel Dell Parkway.
The site is zoned S-I/Residence - Low Density.
Filed bv John Tiberi of Martin Marietta Materials. Inc.
~
Petitioner, please note the following: ,/ ~ oYo,,/f'./.../
1. This Item will be on the April 21 agenda ofthe Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, April 29, 2004. Published notice is
required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 21. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than Noon, Friday, May 14. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, June 28,2004, agenda of the BZA.
5. This Item will appear on the May 24, 2004 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Petitioner: please complete the followine items:
1.) Please show a natural open space buffer of 300-ft when adjoining or abutting a residential use or district.
2.) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor.
3.) You may receive an additional review letter after the T AC meeting.
Please contact Mr. Tiberi at _-_ (Fax: 573-5975) with this information. Once the file is updated please return it to
my office.
Also, fax a copy to Mr. ZeffWeiss ofIce Miller at 236-2319 (Fax: 592-4788) with this information.
Thank you,
Angie
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