HomeMy WebLinkAboutBuss, David affidavit 08-11-04
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CARMEL/CLAY BOARD OF ZONING APPEALS
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In re: Application of Martin Marietta
Docket No.
Affidavit of David Buss
Personally appeared before the undersigned notary public, duly authorized to
administer oaths, David Buss, who under oath, deposes and states as follows:
1. My name is David Buss. I am over the age of 21 years, and I have
personal knowledge of the facts recited herein.
2. I am giving this affidavit in support of the special use application filed
by Martin Marietta Materials, Inc.
3. I have a Ph.D. in Geology from The Pennsylvania State University. I
have been a consulting hydrogeologist for over 24 years and have performed over
100 studies of the impact of mining and quarrying operations on local
groundwater, some including the application of computer groundwater flow and
transport models. I have met with City of Carmel officials and their water
consultants, Wittman Hydrologic Planning Associates, on multiple occasions and
have exchanged data and information with them. I have read and am familiar with
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Wittman's reports. I am an expert in groundwater hydrology and the computer
modeling of it.
4. The Wittman report studied the potential effect of the operations
proposed by Martin Marietta on the City's wells. The City currently operates
wells in Wellfield No.4, and computer modeling, as well as experience, suggests
that those wells are the most likely, if any, to be impacted by Martin Marietta'a
proposed special use.
5. According to the Carmel Utilities Department, Wellfield No.4 is
largely used now as a peaker, to meet high demands a few days of the year. Data
in the Wittman Report reflects this fact, showing a wide range in the annual
production rate and an average production rate substantially below the wellfield 's
total capacity .
6. The Wittman report modeled the potential impact of Martin Marietta's
proposed sand and gravel operation on this wellfield. The model results showed
that this wellfield actually receives approximately 50% of its water supply from
several large ponds maintained by Martin Marietta. That water infiltrates into the
ground and, over time, is ultimately captured by the City's wells. The Wittman
report shows that if Martin Marietta's ponds were eliminated, or ceased to be
supplied with water from Martin Marietta's pumping, it would have a dramatic
impact on the City's Wellfield No.4, reducing its pumping capacity by something
on the order of one-half.
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7. The report concludes that the 'mining proposed by Martin Marietta
would have only an insignificant effect on the City's wells, estimated to be in the
range of 2 feet to 2.8 feet of drawdown. This is not a material impact on this well.
Further, this impact is based on one particular set of assumptions and would not be
correct for various other assumptions. Indeed, the report itself notes that a small
change in the permeability assumption would actually result in Martin Marietta's
special use having a positive effect on the capacity of the City's Wellfield No.4.
For example, a change from the relatively impervious liner in Blue Woods Creek
to an unlined creek bottom would reduce the 2.0-foot draw down calculated by the
Wittman report. Martin Marietta offered to eliminate the clay liner, but it was not
believed necessary by City officials because the overall impact of Martin
Marietta's project on the wellfield was said by them not to be material.
8. The Wittman computer model is based on a conservative set of
assumptions. The draw down impact reported for the reduced recharge analysis
occurs only when recharge is one-third of normal or less, i.e. an extended drought.
The model results show that in a drought, Martin Marietta's ponds would actually
mitigate the impact of the drought on Wellfield No.4 for some significant period
of time by providing a body of water that could provide a continuous source of
water to infiltrate into the ground and be captured by those wells. Under normal
conditions, or even under droughts of some significant duration, the Wittman
computer model shows Martin Marietta's proposed mining operations will not
adversely impact the City's wells.
9. Based on "the Wittman model, it is clear that Martin Marietta's ponds
have been providing approximately 50% of Well field No. 4's capacity for a long
time, most likely 20 years or more. This has been discussed with the City and its
consultants extensively, and no one has identified any contamination of the Plant 4
well field because of that. Our firm has taken water samples from the Martin
Marietta ponds and had them tested. We tested for a wide range of metals,
chemicals, and synthetic substances. All test results were within regulatory limits,
i.e. the water was clean and safe. The City has also conducted its own test of
Martin Marietta's water and likewise found it to be clean and safe.
10. At the direction of Martin Marietta, I proposed a voluntary monitoring
program to be implemented by Martin Marietta to insure that the water from the
North Indianapolis operations in the ponds west of Gray Road remains safe. In my
opinion, the time of travel between Martin Marietta's ponds and Wellfie1d No.4
likely exceeds one year, perhaps even substantially so, and regular testing of
Martin Marietta's ponds thus gives early warning of any problems, long before
water can migrate to the City's Wellfield No.4.
11. My monitoring recommendations were submitted to the City of
Carmel and then reviewed by the Wittman Consultants. The City has since elected
to accept Martin Marietta's monitoring offers and has added additional monitoring
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of its own to the program. The combined monitoring program outlined by
Wittman and the City substantially exceeds state or federal regulatory requirements
for the City of Carmel. This monitoring program will provide exceptional
protection to Well field No.4.
Further affiant saith not.
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David Buss
State ofTNb/AwA )
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County of t-MM It...JDIIl )
Subscribed and sworn to before me this n+J, day of A-uGU 5:./ ,2004.
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Notary Public, tlltl'tJ I LTON County
.r N "~I 4-11/ 4 (State)
Commission expires: 1I-1S-,.:200Cj
LINDA L LANIER
NOJ'ARYPUBUCSI'ATEOF INDIANA
HAMILTON COUNlY
NY COMMISSION EXP. NOV. 15,20C8