The URL can be used to link to this page

Home My WebLink AboutCorrespondence Marti~ Marietta Aggregates ~ Indiana District Office 1980 East 11 6th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 g,-r:fiT.i -r_,>.., ~.r)-;~~'''-'''(' ~>~ l.'_;(if. RECElVEJ) , '\ (..- >\ ': MAR - 1 2006 I \-:.\ - ,L J \:'~.\ . DOCS ., \7:)\- LJVVV ;i~!~l/ "~<z~'// March 1, 2006 Mr. Mike Hollibaugh Director, Department of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Martin Marietta Materials, Inc. - Mueller Property South Statement of Commitments - Annual Report 024SU Martin Marietta Materials, Inc. - Mueller Property North - 05010021 SU Statement of Commitments - Annual Report Dear Mr. Hollibaugh: Mueller Property South - 04040024SU 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: . Erosion and sediment control structures were installed. Construction and seeding of the berm along southern boundary of 106th Street was completed. . The chain link-fence was installed south of 106th Street. . Dry bank mining of the sand and gravel began. . Monitoring Well SM-MW-4 was installed southeast of the 106th Street entrance to Carmel Concrete. . Quarterly and annual reports were prepared for submission to the Department. ~ tyIartin Marietta Materials, Inc. - Mueller Property South - 04040024SU Statement of Commitments - Annual Report Page 2 Martin Marietta Materials, Inc. - Mueller Property North - 05010021 SU Statement of Commitments - Annual Report March 1, 2006 Mueller Prooerty North - 05010021 SU Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 05010021 SU - Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 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: . Erosion control structures were installed. Overburden stripping began and the material was used to start construction of the berm along the northern boundary of 106th Street. . Monitoring Wells NMW-2, NMW-3, NMW-4 and NMW-5 were installed. Initial baseline characterization samples from these and previously installed wells were taken in September 2005. . Dredge was relocated to the west side of Hazel Dell Parkway. . Relocation of the Carmel Sand Plant began. Plans are proceeding for a spring of 2006 startup. . Quarterly and annual reports were prepared for submission to the Department. If you require additional information feel free to contact me at 317-573-4460. Sincerely, cc: Y. Bailey W. Phears Z. Weiss Martin Marietta ~gregate5 o M Indiana District Office 1980 East 116th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 October 25, 2005 tt ~'t.C't.~'t.\) ~ '2. ~ 1.\\\\'i ~~C~ \- Mr. Michael Hollibaugh Director, Department of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Martin Marietta Materials, Inc. - Mueller Property North Sand and Gravel- 05010021SU Statement of Commitments - Reclamation Bond Dear Mr. Hollibaugh: Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket No. 05010021SU Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel Advisory Board of Zoning Appeals. As part of that approval, Section 8 - Reclamation, Item (c) of the Commitments requires Martin Marietta to provide a reclamation bond payable to the City of Carmel. In fulfillment of this requirement, Martin Marietta submits the enclosed reclamation bond #6354974, effective October 15, 2005, in the amount of Three Hundred Twenty Five Thousand Dollars ($325,000). If you require additional information feel free to contact me at 317-573-4460. Sincerely, Dan Hoskins Enclosure cc:John Tiberi Y. Bailey W. Phears Z. Weiss Martin Marietta ~gregates o ~ Indiana District Office 1980 East 1161h Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 October 17, 2005 ,/ \ /' ;." /../ /-. ' II . "/ 1_. j \' ,\ \ . .--\ ft; ~t.Ct.\\\t.\) \ 1 ?.\)\\~ ~C\ j-, '\\~Cc::, / . v, / " /,', I /.....' " \, . Mr. Michael Hollibaugh Director, Department of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 \ '. \ '.,. '</;,-- '. . RE: Martin Marietta Materials, Inc. - Mueller Property North - 05010021 SU Statement of Commitments Dear Mr. Hollibaugh: Martin Marietta Materials, Inc. 's (Martin Marietta) Special Use Application - Docket No. 05010021 SU Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel Advisory Board of Zoning Appeals. In fulfillment of the Statement of Commitments', Section 1 - General Operational Commitments, Item a), Martin Marietta submits the following notification: Martin Marietta hereby notifies the Director of the Department of Community Services of the City of Carmel that work will begin on October 17,2005 on Mueller Property North Sand and Gravel. If you require additional information feel free to contact me at 317-573-4460. Dan Hoskins cc: John Tiberi Y. Bailey W. Phears Z. Weiss ICEMILLER LEGAL a BUSINESS ADVISORS August 10, 2005 ~.' . , . WRITER'S DIRECT NUMBER: (317)236-2319 ~.,.~: '~ DIRECT FAX: (317)592-4788 fl. Y ^ ~ '" INTERNET: Zeff.Weiss@icemiller.com (("/ ~ '. ,-,I' , ,./, - / RECE\\1ED . ~\ . \ - i ^lIG i 1 2005 i-\ _\ 1-\ DOCS I ...j // " -":/ ~,.----~- ,> , ':, .'/ .~ VIA HAND DELIVERY Angela Conn City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 RE: Mueller North - Docket No. 0510021SU Dear Angie: Martin Marietta has estimated the cost of reclamation in respect of Mueller North to be approximately $325,000. Assuming you are in agreement, we will proceed to secure a surety bond in favor of the City of Carmel, c/o Department of Community Services, in respect of this obligation which is set forth in Section 8(c) of the Statement of Commitments executed and delivered in connection with the approval of this matter. Please confirm the agreement of DOCS in respect of this amount and we will promptly deliver the proposed surety bond. We look forward to hearing from you at your convenience in respect of this matter. Very truly yours, ZA W:sd cc: Mike Hollibaugh John Tiberi Dan Hoskins INDY 1592076v.l One American Square I Box 82001 I Indianapolis, IN 46282-0200 I P 317-236-2100 F 317-236-2219 I www.icemiller.com Indianapolis I Chicago I Washington, D.C. Mueller f\torth Property . (Reclamation) Grading Yards Needed $ ISlopes 13.21 0.581 12,322.91 1 $ 3.50 1 $ 43,130.17 1 $/unit 3889 $ 3.50 $ 13,611.11 1296 $ 75.00 $ 97,222.22 Seeding Acres $/sf $ Setback Area 12.5 $ 0.06 $ 32,712.54 I Prairie Area 11.01 1$ 0.121 $ 57,413.40 I ISlopes 13.21 1$ 0.061 $ 34,418.50 I ITrees 25' 1.51 1$ 0.061 $ 3,885.00 1 ITrees 15' 1.51 1$ 0.061 $ 3,830.40 I Trees LF $/If $ Tree Line 1026.9 $ 37.00 $ 37,995.30 $ 324,218.64 Total Martin Marietta Aggregates ~ Indiana District Office 1980 East 116th Street Suite 200 Carmel, IN 46032 Telephone {317} 573-4460 Fax (317) 573-5975 August 2, 2005 Mr. Michael Hollibaugh Director, Department of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Martin Marietta Materials, Inc. - Mueller Property North - 0510021SU Statement of Commitments Dear Mr. Hollibaugh: Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 0510021SU Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel Advisory Board of Zoning Appeals. In fulfillment of the Statement of Commitments' I Section 2 - Reports and Permits, Item (a), Martin Marietta submits the following Permit Summary including copies (1 ea.) of individual permits referenced in the Permit Summary. 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.) Mueller Property North Sand & Gravel Operation Permit Summary Air Penn it: Number: Indiana Department of Environmental Management Source Specific Operating Agreement (SSOA) S 057-9814-00034 Includes the following: . Permit status evaluation letter dated July 6,2000 Water Withdrawal: Number: Indiana Department of Natural Resources Registration, not a permit - 29-04326-IN No document issued Storm Water: Number: Indiana Department of Environmental Management NPDES General Permit.. Rule 5 (327 lAC 15-5) None Includes the following: . Notice of Sufficiency letter dated December 20, 2001 Construction in a Floodway: Indiana Department of Natural Resources Certificate of Approval (Plant Relocation) Number: FW-20451 Construction in a Floodway: Indiana Department of Natural Resources Certificate of Approval (Mining) Number: FW-18572 Martin Marietta Aggregates Indiana District Office .1980 East 116th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 August 2, 2005 Mr: Michael Hollibaugh Director, Department of Community Services (DOCS) City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Martin Marietta Materials, Inc. - Mueller Property North - 05010021SU Statement of Commitments Dear Mr. Hallibaugh: Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 05010021SU Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel Advisory Board of Zoning Appeals. As part of that approval, Section 7 - Environmental, Item (b) of the Commitments requires Martin Marietta to maintain a Spill Prevention, Control and Countermeasures (SPCC) Plan for the facility, a copy of which is to be on file with the Carmel Fire Department, Carmel Utilities and the Office of DOCS. In fulfillment of this requirement, Martin Marietta submits the enclosed updated SPCC Plan (2 copies). The submission contains the following updated information: · General Information: company contact names updated - pages 1, 2 . Record of Amendments: updates noted - page 5 · Discharge Reporting Procedures: contact name updated - page 7 · Notification List of a Spill: Carmel Utilities Department added - page 8 · Discharge Countermeasure Procedures: Item 1 updated - page 9 · Tank Truck Loading/Unloading: Item 1 updated - page 17 · Appendix A: Certification of the Applicability of the Substantial Harm Criteria - signature updated · Appendix A: Plan Understanding and Acknowledgement - signatures updated · Appendix S, Section 2: SPCC Plan Training - January 2005 training documentation updated · Appendix C: Spill Communication Sheet - contact name updated If you require additional information feel free to contact me at 317 -573~4460. ~ .. Dan Hoskins Enclosures cc: Gary Hoyt, Fire Marshal (w/enc.) John Duffy, Utilities Department Director (w/enc.) John J. Tiberi (w/o enc.) Y. Bailey (w/o enc.) W. Phears (w/o enc.) Z. Weiss (w/o enc.) Martin Marietta Aggregates AA Indiana District Office 1980 East 116th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 Mr. Michael Hollibaugh Director, Department of Community Services (DOCS) City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 August 2,2005 RE: Martin Marietta Materials, Inc. - Mueller Property North - 05010021SU Statement of Commitments - Strobe Safety Lights Dear Mr. Hollibaugh: Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 05010021SU Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel Advisory Board of Zoning Appeals. As part of that approval, Section 7 - Environmental, Item (d) of the Commitments requires Martin Marietta to initially install strobe safety lights on all of its equipment operation on the Real Estate to the extent permitted by laws and regulations.... In fulfillment of this requirement, Martin Marietta submits the following list of mobile equipment equipped with strobe safety lights: Caterpillar 980G Wheel Loader #100458 Caterpillar 980F Wheel Loader #100439 Kawasaki 95Z Wheel Loader #100943 John Deere 6675 Skid Steer Loader #270224 Ford F-450 Maintenance Truck #012655 If you require additional information feel free to contact me at 317-573-4460. Sincerely, Dan Hoskins cc: John J. Tiberi Y. Bailey W. Phears Z. Weiss u Q Ii~gl~~,.~.~!1!1t'L~~_~_______._.t._ ... ...._...._.___.~~....._~___.. ___.___._.__~_"....,.__,~~,. . .~___._.._ From: Conn, Angelina V Sent: Wednesday, June 15, 2005 11 :38 AM To: Tingley, Connie S; 'weiss@icemiller.com'; 'zeff.weiss@icemiller.com' Cc: Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Wold, Alexia K Subject: Docket No. Assignment: (CA) Martin Marietta - Mueller Property South (#05060014 CA) Connie, Please print this e-mail and update the file (I have already e-mailed the contact person). I have issued the necessary Docket Number for (CA) Martin Marietta - Mueller Property South. It will be the following: Docket No. 05060014 CA $1,030.00 Total Fee: $1,030.00 Martin Marietta Materials - Mueller Property South Petitioner seeks commitment amendment approval to mine this property after Mueller North. Docket No. 05060014 CA commitment amendment The site is located at the southwest comer of the intersection of East l06th Street and Hazel Dell Parkway. The site is zoned S-l/Residence - Low Density. Filed bv ZeffWeiss once Miller for Martin Marietta Materials. Inc. Petitioner, please note the following: 1. This Item was already on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, June 17,2005. 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 24, 2004. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, June 17, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, July 25, 2005 agenda of the BZA. 5. This Item will appear on the June 27, 2005 agenda ofthe 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 followin2: 1.) Please provide a copy of the official list of adjoining proprieties from the Hamilton County Auditor's Office. 2.) Please provide the Public Notice Affidavit page of the application after public notice has been made. '-. ./ '" ,.'. ,,~ o u 3.) Please show the meeting time as 6 pm in the public notice. 4.) Provide a redline and a clean copy of the changes inthe original commitments for Mueller South. 5.) Please note that the Board will have to vote to suspend the rules to hear your petition ,since only 10 days notice was met, rather than 25 days. Please contact Mr. Weiss at 236-2319 (Fax: 592-4788) with this information. Once the file is updated please return it to my office. Thank you, Angie To: Members of the Carmel Clay Board of Zoning Appeals From: Kingswood Perimeter Neighbors Re: Mueller North sand and gravel mining petition ? The homeowners residing on the southern perimeter of Kingswood and adjacen Mueller North Property (as described in Martin Marietta's (MM) petition regarding s and gravel extraction) and the homeowners in Kingswood who are adjacent to Martin Marietta-owned land on which the processing plant is located (collectively "Perimeter Neighbors") submit the following for BZA consideration. As residents of the Kingswood subdivision, we appreciate the efforts ofMM to meet with representatives of our neighborhood and to consider our views and concerns about this project. The discussions have been positive and constructive. We are supportive ofMM's petition to mine sand and gravel on the Mueller North property only ifMM adequately addresses certain issues in their commitments included in the petition. The issues which are important to our neighborhood include the following: . The sand and gravel processing plant must be moved to a location that has been identified by MM which is East of Hazel Dell Parkway. Said move to be completed no later than February, 2006. . Sand and gravel extraction must be completed on Mueller North and the existing plant site before any other local sites (specifically Mueller South) . Deed restrictions and lor conservation easements should be put into place to define future land use. . Eventual disposition and use of the Mueller north land and resulting body of water must be identified. We support a dedication ofthe land and lake to the City of Carmel, Utilities Department for water conservation and monitoring. . No sustained importation of sand and gravel materials to the processing plant should be granted via this petition. . Operating Hours for Sand & Gravel Processing Plant should be appropriately limited. . Noise: . OSHA required "back up" beepers will not be louder than the OSHA minimum requirements on MM owned or leased equipment nor on client equipment. . Traffic patterns will be considered to minimize the need for equipment or vehicles to reverse (hence activating "back up" beepers) . Strobe lights are to be used at all times when allowed in lieu of back up beepers . MM will strive to use best technology available to help mitigate noise to the degree possible. DOW AGROSCIENCES RESTRICTED - For internal use only Our neighborhood continues to work with MM and we are hopeful that we will reach an agreement with MM on the specific language in the commitments before May 23. Thank you for your consideration. 209843_2.DOC DOW AGROSCIENCES RESTRICTED - For internal use only ..... ~ Martin Marietta Aggregates 1980 E. 116th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 815-4823 Mr. Jon Dobosiewicz Planning Administrator, Department of Community Services (DOCS) City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 ~~'-I-/~ A\ \L---. I ..,.." / . ;,.-- - - j ^ i::':.~ / 4'</\ !{r RECEIVED \~,~ f:l , :-\ I~] . ,A..P.R 1 5 20,05 !j \ DOCS i-I ~\ ~ ! '. . I '/ , <',-- J: ... '-/ ,'/'r,----r.. \ -(~/ ~~ l f~_ April 14, 2005 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, Section 9 - Environmental, Item (b) of the Commitments requires Martin Marietta to maintain a Spill Prevention, Control and Countermeasures (SPCC) Plan for the facility, a copy of which is to be on file with the Carmel Fire Department and the Office of DOCS. In fulfillment of this requirement, Martin Marietta submits the enclosed updated SPCC Plan (2 copies). The submission contains the following updated information: . General Information: company contact names updated - pages 1, 2 . Record of Amendments: updates noted - page 5 . Discharge Reporting Procedures: contact name updated - page 7 . Equipment Failure and Spill Potential- Table 1, Sheet 8 of 9, Item 26 added . Equipment Failure and Spill Potential- Table 1, Sheet 9 of 9 updated . Personnel, Training, and Discharge Prevention Procedures: contact name updated - page 20 . Appendix A: Plan Understanding and Acknowledgement - signatures updated . Appendix B, Section 2: SPCC Plan Training - January 2005 training documentation added . Appendix C: Spill Communication Sheet - contact name updated . Appendix E: Secondary Containment Capacity Calculations - Item 2 updated . Appendix F: Site Plan - aerial photograph updated and Item 26 added If you require additional information feel free to contact me at 317-573-4460. Dan Hoskins Enclosures cc: Gary Hoyt, Fire Marshal (w/enc.) John J. 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 April 15, 2005 Mr. Jon Dobosiewicz Planning Administrator, Department of Community Services (DOCS) City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Martin Marietta Materials, Inc. - Mueller Property South - 04040024SU Statement of Commitments - Reclamation Bond Dear Mr. Dobosiewicz: AA .. " . L;,:~ Ii 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 10- Reclamation, Item (d) of the Commitments requires Martin Marietta to provide a reclamation bond payable to the City of Carmel. In fulfillment of this requirement, Martin Marietta submits the enclosed reclamation bond #6268654, effective April 25, 2005, in the amount of Four Hundred Thousand Dollars ($400,000). If you require additional information feel free to contact me at 317-573-4460. Dan Hoskins Enclosures cc: John J. Tiberi (w/o enc.) Y. Bailey (w/o enc.) W. Phears (w/o enc.) Z. Weiss (w/o enc.) J:, SAFECO Insurance Company PO Box 34526 Seattle. WA 98124-1526 " , i' . PERFORMANCE BOND Bond 6268654 KNOW ALL BY THESE PRESENTS, That we, Martin Marietta Materials, Inc. (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and fIrmly bound unto Citv of Carmel. One Civic Sauare. Carmel. IN 46032 , (hereinafter called the Obligee), in the sum of Four Hundred Thousand and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - ($ 400,000.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fIrmly by these presents. Signed and sealed this 13th day of April 2005 . WHEREAS, said Principal has entered into a written Contract with said Obligee, dated 04/25/2005 for Reclamation of: Mueller Property South as described in Special Use Application (Docket No. 04040024-SU). in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specifIed to be by said Principal kept, done and performed, at the times and in the manner in said contract specifIed, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the !l~me be commenced within two (2) years following the date on which Principal ceased work on said Contract. -. ..~ .-~ --..... ,,,,,-- ~ /' --::. Martin Marietta Materials, 1m;. ,_ .~..) ~;: ~ " " ~ ---:.' -: : .::: P:nncipal . -, ~.". - '" . .,- ",:,-., .::: -' - eech, Treasury Man~g~r:', ' - '. S-0757/SAEF 10/99 o. -" ::-' .' Safeco@and the Safeco logo are trademarks of Safeco Corporation, FRP ", \ /..;/ . I .r/~~ $ r'"~ 5 A FEe O. POWER OF A TIORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEATTLE, WASHINGTON 98185 No. 10120 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ...................REBECCA GOMEZ-PORRAS; BYRON CREECH; KRISTY W. KRETZSCHMAR; TODD CRUMP; Raleigh, North Carolina.................. ..T. . its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of October , 2004 fl;,k jA<-~\~ MIKE MCGAVICK, PRESIDENT CHRISTINE MEAD, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority-to appoint indMduals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On ahy instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. .On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 ofthe By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 13~ day of ~ , S.065. this , . , ~ CHRISTINE MEAD, SECRETARY '/- ~ _ . ..: .:' -: A ~ .. S-0974/SAEF2IP~:::: -.: : ~- '..;-:-;' -: /.-', - ~. - '. @ A registered trademark of SAFECO Corporation 10/2012004 PDF ) 1-.' _--.:..~.___..;' ""\ Conn, Angelina V From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Wednesday, April 06, 20059:48 AM Zeft Weiss (E-mail); Wayne Phears (E-mail); John Tiberi (E-mail) Hollibaugh, Mike P; Duffy, John M; Jack Wittman (E-mail); Conn, Angelina V DpCS Issues on Mueller North Zeft, Please see the attached letter. This letter represents the outstanding issues that remain in our technical review of Mueller North Sand and Gravel. /'~.~~~ ~.\ \ W~, tJ~., y, ---... ~i.i. 1/ ' "" "f)' ~ "'~I r. . . "j ,'\ ',{./ \ Muellernorthcomme nts2.pdf In addition we anticipate comments from John Duffy and his consultants. RECE\\IED f:..?R - 6 2UG~) DOCS Thanks, Jon C. Dobosiewicz Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Phone: 317.571.2417 Fax: 317.571.2426 jdobosiewicz@ci.carmel.in.us 1 _"\ . April 5, 2005 110 T-':~ ~f;', A. "'-'/ /'\, T ",</,../,', \,:,.,,\ RECEIVED \>\ APR - 6 ?OO:i DOCS Mr. Michael Hollibaugh Director, Division of Community Services City of Carmel One Civic Square Carmel, IN 46032 Subject: Continued Comments Regarding Martin Marietta Materials, Inc. Response to February 16th TAC Meeting Mueller Property North BZA Application Dear Mr. Hollibaugh: Spectra Environmental Group, Inc. has completed its review of the Martin Marietta Materials, Inc. (MMM), response to comments provided during the February 16,2005 TAC meeting for the Mueller Property North Sand and Gravel Operation application before the City of Carmel Board of Zoning Appeals (BZA). While the responses to TAC comments provide acceptable answers to many of Spectra's comments and question;, some of Spectra's comments were misconstrued as water-related issues for Martin Marietta to discuss with the City of Carmel Utilities Department. In a water-based mining operation with water-based reclamation in the vicinity of community water supply wells, there can be overlap between the plans to efficiently mine a resource and the plans to protect a water supply. However, specific comments made by Spectra regarding the viability of the purported reclamation lake are mining and reclamation-related issues that address the viability of the reclamation plan and the long-term disposition of the land in the vicinity of the Kingswood neighborhood. Therefore, these issues are the domain of the Department of Community Services and the City of Carmel's mining consultant. As such, Spectra recommends that tre Department of Community Services re-submit Spectra's comments to Martin Marietta. The comments for which Spectra believes responses are required are reproduced below. Original Comment . 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- 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 Well field, 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 . - . Mr. Michael Hollibaugh April 5, 2005 Page 2 require the City of Carmel to change treir treatment process for Wlter from the Plant 4 Wellfield? This comment is directly related to the proposed mine plan and the proposed limits of extraction. The proximity of an open water body to the Plant 4 Wellfield during active mining and after reclamation is germane to the viability of the mining and reclamation plans. The proposed mining plan is being reviewed to ensure that there are no unmitigated impacts to the environment or community resulting from the proposed mine and subsequent reclamation Where the Department of Community Services may have an interest in this topic as wel~ the question from a mining and reclamation perspective still stands and reqUires a response. Original Comment . 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. This comment is directly related to the Best Management Practices and Spill Prevention, Control, and Countermeasures Plan (SPCC) for the proposed water-based operation, and is a part of the mining plan lacking in content and requires a response. The fact the SPCC plan does not address potential impacts to a community water supply is an issue directly related to how the water-based mining plan will protect an important groundwater supply and prevent or mitigate, to the greatest extent practicable, a spill in the sand and gravel operation. As stated on page 7-1 of the application: (7) A storm water pollution prevention plan associated with construction activities. The plan must be designed to, at least, meet the requirements of sections 7 and 7.5 of this rule and must include the following: (H) Material handling and storage associated with construction activity shall meet the spill prevention and spill response requirements in 327 lAC 2-6.1 Based on this citation from Martin Marietta's own application materials, it is obvious spill response is a mandatory part of any SPCC plan. And as such, the methodology for responding to a spill in the water-based sand and gravel operation, and how that response will protect a water supply well from contamination, is an integral part of Spectra's review of the viability of the mine plan and requires a response. Specific areas of concern to Spectra are the fuel re- filling protocols for the suction dredge and materials to be stored and used in the event of a spill in the excavation pond. An initial review of the SPCC plan indicates that only spills on land are discussed; no discussion is presented of spills in or around the excavation pond. This omission directly relates to the thoroughness of the mine plan and is ~. r.... Mr. Michael Hollibaugh April 5, 2005 Page 3 an issue for the Department of Community Services and the City's mining consultant in addition to the Department of Utilities. Original Comment . 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 +/- 730 feet above mean sea 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? These questions and comments pertain directly to the feasibility of the reclamation plan. The comments are made to determine if the reclamation lake will maintain the purported elevation during reclamation. If water levels in the reclamation lake are reduced by the dewatering mechanisms on Mueller South, then the reclamation plan for Mueller North will need to be reconsidered. Spectra's comments on this topic are directly related to reclamation plan review and require a response. This is not an issue to be solely discussed with the Department of Utilities. Original Comment . 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 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. The recent response to this comment states that the cross-sections referenced are 'conceptual representations of the maximum extent of extraction. . .." The drawing that offers these sections does not present the sections as "conceptua~" nor does the text of the application describe the sections as "conceptual." Because the cross-sections are included as part of the mining and reclamation plans, the sections should present reasonable estimates of the operational and final site grades so the actual mine plan can be reviewed. The cross-sections should be re-drawn as originally requested. Similarly, the typical cross-section C-C' (during mining) on the Landscaping Plan Map, submitted with the response document, shows an equally unrealistic grading plan and should be redrawn. As currently drawn, the grading plan on section C-C' (during mining) on the .. -. ... . . Mr. Michael Hollibaugh April 5, 2005 Page 4 Landscaping Plan Map, for one, is not labeled "conceptuaL" and presents a grading plan that is not realistic. As drawn, there is real potential for slope failure propagating all the way to the berm depicted on the section. This section should be re-drawn to present a more realistic grading plan. In summary, our original comments and questions need to be addressed. The questions we have raised are significant, and responses are needed to ensure the viability of the reclamation plan. If you would like to discuss these comments, please call me directly at 518- 782-0882. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. /s/ Gregory H. Sovas, P .E. Vice President of Governmental Affairs GHS G:\200 1 '{) 1233\Correlpondence'MuellemorthcommentSZ .doc Message u u Page 1 of 1 Conn, Angelina V From: Weiss, Zeff A. [Zeff.Weiss@icemiller.com] Sent: Thursday, March 17,20054:39 PM To: Dobosiewicz, Jon C; Conn, Angelina V Cc: John Tiberi; H. Wayne Phears; Yvonne Bailey; Phil Thrasher Here is our request for a continuance of the Mueller North petition. Thanks. Zeff Zeff A. Weiss ICE MILLER One American Square Box 82001 Indianapolis, IN 46282 (317) 236-2319 (317) 592-4788 (fax) E-Mail: '?:~ff,'yy~i~$@iG~miJI~LGQm ********************************************************************** CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER ********************************************************************** 3/18/2005 w u ICE I SM LEGAL Et BUSINESS ADVISORS March 17, 2005 WRITER'S DIRECT NUMBER: (317) 236-2319 DIRECT FAX: (317) 592-4788 INTERNET: ZeffWeiss@icemiIIer.com RE: Mueller North - Sand and Gravel Your Docket No. 05010021 SU &1 4>~C ~ 114ft ~J.to I () 1\ 0 <'O'a,- ~OC3 c VIA E-MAIL Ms. Angelina Conn - aCOlm@ci.carmel.in.us Mr. Jon Dobosiewicz - idobosiewicz@ci.carmel.in.us City of Carmel, Department of Community Services One Civic Square, District 2 Carmel, IN 46032 Dear Angelina and Jon: : As I mentioned to Jon the other day when we !spoke, there have been continuing discussions among various adjoining property owners and Martin Marietta Materials, Inc. ("Martin Marietta") in respect of the above-referenced application for special us~ permit to mine sand and gravel on the property commonly known as Mueller North. In order to allow I additional negotiations to proceed without the concern for inadequate time to conclude the same, we have agreed to request that the application be continued from the March 28,2005 meeting of the BZA t6 its April 25, 2005 meeting. I I Thus, this shall serve as the request by Martin !Marietta to the BZA to continue Docket No. 05010021 SU from March 28,2005 to April 25, 2005. We thank you in advance for your time and attedtion to this matter. Please let me know if you have any comments or questions, or if you need any additibnal information in respect of this request. I Very truly yours, I I ICE MILLER Zeff 1. Weiss Zeff A. ieiss ZA W:mjh cc: John Tiberi - via E-Mail-john-tiberi@martinmaribtta.com Wayne Phears - via E-Mail-wphears(tl1pmlawfirrrit.com Yvonne Bailey - via E-Mail-yvonne.bailey(tv.marhnmarietta.com Phil Thrasher - via e-Mail-thrasher(tv.indiana-attotneys.com I INDY 1520431v.l i I One American Square 1 Box 82001 1 Indianapolis, IN 46282-00021 Phone: (317) 236-2100 1 Fax: (317) 236-22191 www.icemiller.com Indianapolis 1 Chicago 1 Washington DC : 7 City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 I 317-571-2417 Fax: 317-571t2426 FACSIMILE TELECOPY bOVER LETTER j DATE: March 11, 2005 TO: Zeft Weiss, Ice Miller FAX: 592-4788 FROM: Connie , i Attached hereto are 3 pages, including thi1s cover letter, for facsimile transmission. Should you experience any problem in the receip~ of these pages, please call 317/571/2419 and ask for Connie. I NOTES: I Attached is a copy of the filing fees charged in 2002 for the Martin Marietta Dockets. I I Please call if you have any questions. i I I I CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained irl the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you ate not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of an~action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimi(e transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documen~s to us. I I 5412 Martin Marietta NW comer 106th/Hazel Dell Pkwy; [81] sand & gravel extraction 5413 Martin Marietta NW comer 106th/Hazel Dell Pkwy; [81] artificial lake 5414 Martin Marietta NW comer 106th/Hazel Dell Pkwy; [81] 150' setback 5415 Martin Marietta NW comer 106th/Hazel Dell Pkwy; [81] 100' setback Martin Marietta Materials, Ine; Williams, Max Martin Marietta Materials, Ine; Williams, Max Martin Marietta Materials, Ine; Williams, Max Martin Marietta Materials, Ine; Williams, Max Decisiorl Date Counsel ' ", Irtitjiilliearing ,.iAC' j " c, Denied 5/28/2002 Barnes & Thornburg; Engle, Thomas H 4/22/2002 4/17/2002 $630.00 Denied 5/28/2002 Barnes & Thornburg; Engle, Thomas H 4/22/2002 4/1712002 $630.00 I Denied 5/28/2002 Barnes & Thornburg; Engle, Thomas H 4/22/20021 4/1712002 $630.00 Denied 5/28/2002 Barnes & Thornburg; Engle, Thomas H 4/22/20021 4/17/2002 $70.00 JO~V\ \\~ - Htv1 ~<P 7- -0 'tv~ ? ~~'~'-:l _ S'~V .---~--- -- -- ---- ~/ID~1 . \ \U \G'-\' \ 0'1 ~ f'-J. \(2fi~ p. Gj(P-7.311 ~' 5CJ2-LflEJ8 l~yv0l~ ~ L0-eA~S O\.--..L ~ tONl ~ro ' ~y8ZCf)i l VtJ~ J rJ L{ ~ 2 82 I 6\0\ 002 I 3,U 2-f.f (' ~l&A ~ \@ f u V\M \ Lv, . C'A.JvY1 Construction/Stormwater Pollution Prevention Plan Technical Review and Comment (Form 1) Project Name: Mueller NorthSand and Gravel Operation I Plan Submittal Date: 01/31/05 Hydrologic Unit Code: Project Location Description: NW comer of 106th and Hazel Dell Roads Latitude and Longitude: Lat- 39-56'34" N Long- 86-04'-46" Civil Quarter: S 1/2 County: Hamilton 5120201090040 = Q i Project Owner Name: Martin Marietta Materials Inc. E Contact: John Tiberi Q . ~ Address: 1980 E. 116th Street, SUIte 200 .... ' - City: Carmel ~ .~ Phone: 317-573-4460 Q ... r=.. 4E FAX: State: IN 317-573-5975 Zip: 46032 E-Mail: Plan Preparer Name: Laura D. Berra P.E. Affiliation: Skelly and Loy Consultants Address: 2601 North Front Street City: Harrisburg Phone: 717 -232-0593 FAX: State: P A 717-232-1799 E-Mail: 17110-1185 Review Date: 03/03/05 I J ~ Principal Plan Reviewer: John B. South P.E. CPESC .~ Agency: Hamilton County Soil and Water Conservation District ~ I ~ Address: 1108 South 9th Street I ; City: Noblesville State: IN Zip: 46060 ~ Phone: 317-773-2181 FAX: 317-776-1101 E-Mail: john-south@iaswcd.org Assisted By: ./ PLAN IS ADEQUATE: A comprehensive plan review has bleen completed and it has been determined that the plan satisfies the minimum requirefuents and intent of 327 lAC 15-5. I o Please refer to additional information included on the following page(s). o Submit Notice of Intent (NOI): Attach a copy of this covJ page when submitting the NOI to the Indiana Department of Environmental Management. Construction hctivities may begin 48 hours following the submittal of the NO/. A NOI must also be sent to the Review;'ng Authority (e.g. SWCD, DNR). ""',l;"" ,,' """""""""""""'.'.". D A preliminary plan review has been completed; a comprehensive review will not be completed within the 28-day review period. The reviewing authority reserves the right tJ perform a comprehensive review at a later date and revisions to the plan may be required at that time to addres~ deficiencies. I I D Please refer to additional information included on the following page(s). o Submit Notice of Intent (NOI): Attach a copy of this covJ page when submitting the NOI to the Indiana Department of Environmental Management. Construction hctivities may begin 48 hours following the submittal of the NO/. A NOI must a/so be sent to the Reviewihg Authority (e.g. SWCD, DNR). "'j' ,., , " ""'."..............'. ...'...' . ".....' I D PLAN IS DEFICIENT: Significant deficiencies were identified during the plan review. I D Please refer to additional information included on the fo~lowing page(s). o DO NOT file a Notice of Intent for this project. I o DO NOT commence land disturbing activities until all d~ficiencies are adequately addressed, the plan re- submitted, and notification has been received that the mibimum requirements have been satisfied. I , ..,.." ::J' ..::" ,.,. ."., ".",' ....", ,., .,." " ' ",... ' ," .,., ", ... , "".'" '. '." ......... ".." '" '., ,'.' ",.."".. " Plan Revisions D Deficient Items should be mailed or d~livered to the Principal Plan Reviewer identified in the Plan Review SJction above. 0YY'Z DNR, Division of Soil Conservation Page 1 of 1 Revised 12/09/03, Form 1 u '~ ~ ---:1I January 13, 2005 10:19 AM Zeff.Weiss@icemiller.com; John Tiberi (John.Tiberi@MartinMarietta.com) Conn, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P; John Molitor FW: Docket No. Assignment: (SU) Martin Marietta - Mueller Property North (#05010021 SU) The following is the filing information for the Special Use for Martin Marietta - Mueller North. Please call with any questions. Connie Tingley BZA Secretary 571-2419 ---Original Message---- From: Conn, Angelina V Sent: Thursday, January 13,200510:04 AM To: Tingley, Connie S Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Oobosiewicz, Jon C; Brennan, Kevin S; Mindham, Daren; Griffin, Matt L Subject: Docket No. Assignment: (SU) Martin Marietta - Mueller Property North (#05010021 SU) Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have assigned the fee and Docket Number for (SU) Martin Marietta - Mueller Property North. It will be the following: Docket No. 05010021 SU $772.50 + ($103*104 acres) = 11,484.50 Total Fee: $11,484.50 Martin Marietta Materials - Mueller Property North Petitioner seeks special use approval to establish a sand/gravel extraction operation on 104::1: acres, with an artificial lake reclamation. Docket No. 05010021 SU Chapter 5.02 special use in the S-1 zone The site is located at the northwest comer of East 106th Street and Hazel Dell Parkway. The site is zoned S-I/Residence - Low Density. Filed bv ZeffWeiss of Ice Miller for Martin Marietta Materials. Inc. Petitioner, please note the following: 1. This Item will be on the February 16,2005 agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, March 3, 2005. 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, March 25. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, March 18. Failure to submit Informational i.._ .. '" - '~r Packets by this time will result in the automatic tabling of the petition to the Monday, April 25, 2005, agenda of the BZA. 5. This Item will appear on the March 28, 2005 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 label the 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.) Please provide a revised set of plans to all TAC members by February 1. 4.) You may receive an additional review letter after the T AC meeting. 5.) Please submit the correct Findings of Fact Sheet, updated 1/4/05 (obtained at our office). Please contact Mr. ZeffWeiss oflce Miller at 236-2319 (Fax: 592-4788) with this information. Once the file is updated please return it to my office. Also, fax a copy to Mr. John Tiberi at 573-4460 (Fax: 573-5975) with this information. Thank you, Angie o w THOMAS C. YEDLICK 5053 St. Charles Place Carmel, Indiana 46033 Office 317-844-0141 x253 June 17,2004 j;/V I NY' 'yV' () b . v dO I 'Jvj" 1 t\ t-1 0 yvJ. ~~ ~ Dear Mike: ' Attached are six ~~Pies (with attachments) of comments for the Hearing on Docket No. 04060001 A Public Hearing on an Appeal of a determination by the Director that there is a question whether nonconforming uses exist on certain properties owned by Martin Marietta. Michael Hollibaugh, Director Department of Community Services City of Carmel One Civic Square Carmel, IN 40632 These are being provided to be included in the Board's packets to be mailed on June 18, 2004. Sincerely, d-~ Tom Yedlick a City of Carmel June 11, 2004 Mr. John Tiberi Martin Marietta Materials Cannel, IN 46032 Re: Third party sand and gravel processing Dear John: Attached with this letter you will find a copy of correspondence from Tom Yedlick regarding issues surrounding operation of your sand and gravel processing facilities in Carmel. Mr. Yedlick has presented questions and information related to your mineral extraction operation, particularly regarding the processing of outside materials and whether that importation constitutes an unlawful expansion of use. Upon review of this information and discussion of its content with legal counsel, it is my determination that the issue needs to be presented to the Board of Zoning Appeals for resolution. Pursuant to Section 28.06 of the Carmel Clay Zoning Ordinance, in instances where there exists a question of use, it shall be considered a question of fact to be decided at a public hearing by the Board. Such a hearing has been docketed for June 28, 2004, with legal notice made via the newspaper and to adj oining property owners pursuant to the Board's rules of procedure. Should you wish to provide the Board with an advanced response to the issues raised by Mr. Yedlick, you may do so by submitting information to the Board Secretary not later than 12:00 noon on June 18, 2004. Information not received by this deadline will be distributed to the Board the night of the hearing. Additionally, it is the Department's request that you and your legal counsel participate in a pre-hearing conference to be held at the office of the Department of Community Services at 9:00 AM on Tuesday, June 22. It is the purpose of the conference to discuss ground rules and other procedural matters related to the Determination hearing. Should you have any questions, or wish to discuss this, please do not hesitate to contact me at 571- 2422. Very truly yours, Michael Hollibaugh Copy: Zeff Weiss Thomas C. Yedlick Philip Thrasher Douglas C. Haney ; /" - ~ lo....;.,'.~-,. June 9, 2004 ~;r,CLI.'J:,~;;it> " ~<b7 {~ '. Rcr..",\ 'i" "\, I ,,- I," fI 10 ~ " ~ JUfll q f1N':I; -i I. '.' CI...,., -\ no C~. ~\ u j ~ /\ \//\ \\~/;...~~, . ..,t,/' /'--. I SM LEGAL Et BUSINESS ADVISORS WRITER'S DIRECT NUMBER: (317) 236-2319 DIRECT FAX: (317) 592-4788 INTERNET: Zeff.Weiss@icemiller,com Via E-Mail-idobosiewicz@ci.carmel.in.us COP City of Carmel Department of Community Services Attn: Jon C. Dobosiewicz, Planning Administrator One Civic Square Carmel, IN 46032 RE: Martin Marietta Materials - Retail Sales Dear Jon: This is in response to the inquiry of the Department of Community Services in respect of the retail sales activities of Martin Marietta Materials, Inc. ("Martin Marietta") at its Retail Center located on the east side of Hazel Dell Parkway, just north of 106th Street in Carmel, Indiana. Please accept this letter as Martin Marietta's response as to why the same is permitted in the S-1 Zoning District. As I believe you know, Martin Marietta, and its predecessor, American Aggregates, have been engaged in mineral extraction and processing at this location for more than 50 years. The commencement of these activities predates the adoption of a zoning ordinance by the City of Carmel. The activities of Martin Marietta and its predecessor at this location have always included the extraction, processing and retail sale of minerals, including sand, stone and other aggregate materials. As you also know, a Non-Conforming Legal Use Carmel/Clay Zoning Ordinance (the "Zoning Ordinance"). Legal Use is defined as follows: is defined in Chapter 3 of the Specifically, a Non-Conforming A Use of a Building, land or premises existing at the time of the passage of this ordinance which does not conform to all of the applicable provisions of this ordinance but did conform to applicable provisions of any ordinance superseded by this ordinance. The activities of Martin Marietta were commenced and undertaken at the time of the adoption of the Zoning Ordinance. Thus, pursuant to the above-referenced definition, retail sales by Martin Marietta are a Non-Conforming Legal Use in the S-1 Zoning District. One American Square I Box 82001 I Indianapolis, IN 46282-00021 Phone: (317) 236-2100 I Fax; (317) 236-22191 www-icemiller.com Indianapolis I Chicago I Washington DC '\ -#-' _/:. (\Ii . . ----~. June 9, 2004 Page 2 We trust that this answers your question with regard to the propriety of the operation of Martin Marietta's Retail Center under and pursuant to the applicable laws of the City of Carmel. Please do not hesitate to call if you have any comments or question in respect of this matter. Very truly yours, ICE MILLER Zeff jl. Weiss Zeff A. Weiss ZAW:msd cc: John Tiberi (via e-mail) Wayne Phears (via e-mail) Yvonne Bailey (via e-mail) Mike Hollibaugh (via e-mail) INDY I377026vI v THOMAS C. YEDLICK 5053 St. Charles Place Cannel, IN 46033 April 6, 2004 .. " .i,,-r'!- /~~S_\S~:1_Ii:;,;:\>/::_. A~;' 4p I(tC(~ . <-;-\. C~ rip I v'tt) \ P:;:') \;:;\ /)fli\ (2y, ,1--1 \ ......\ vt..,;s" ,~~~~/ \~G:)!J~T:{55Y Off 844-0141 x253 Home 580-1614 Michael Hollibaugh Department of Community Services City of Carmel One Civic Square Carmel.1 IN 46q32 Re: Processine- of Third-party Sand and Gravel at Hazel Dell Road Dear Mike: On December 16, 2003, I provided you with notice of zoning' violation by Martin Marietta on Hazel Dell Road. A copy of that notice is enclosed for reference. Again in a conference meeting on March 15, 2004, this subject was discussed in some detail. . Under the Land Use Regulations of Cahne"1, the Director has the'responsibility:to enforce the zoning regulations of Carmel. Since this subject has been a matter of long standing concern to both'the City and citizens ofl<.ingswood, I would appreciate a response to this complaint in ten days so an appeal can be processed if appropriate. Yours truly, Tom Yedlick 'lJl ~-e:" 4?" "i t" ~ -C~':'_~ o Q THOMAS C. YEDLICK 5053 St. Charles Place Carmel, Indiana 46033 December 16, 2003 Michael Hollibaugh Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 Mayor James Brainard City of Carmel Mayor Re: Processine of Third-party Sand and Gravel at Hazel Dell Road Dear Mike: This letter is provided per your request to memorialize our prior conversations on the above subject. Beginning sometime in late 2002, after Martin Marietta was denied a special use permit to extract sand and gravel from the Mueller property, they began bringing in outside material to process at the Carmel Sand processing plant on Hazel Dell Road. More particularly, the operations at issue are the "processing operations" which occur after sand and gravel has been extracted. By way of description, these operations include washing, grinding, sorting, sizing, stockpiling, and hauling. These processing facilities have been the source of nuisance complaints for years from nearby Kingswood residents. Specifically these processing operations have not been able to operate without spillover of noise affecting residential neighbors. This constant state of noise has prevented neighbors from the full and complete use and enjoyment of their property. This condition is now magnified by almost constant hauling onto the premises of Third- party sand and gravel from other locations. Third-party sand and gravel is not within the scope permitted by "alienation of mineral resources", which has been the underlining theory of land use previously relied upon. Enforcement of Zonine Reeulations The City has the authority to enforce existing zoning regulations. As outlined below, Martin Marietta's processing of Third-party sand and gravel is not in compliance with j- , .. '\; o Q Carmel's land use regulations. Therefore, the City can and should enforce the City's zoning regulations and require Third-party sand and gravel processing be suspended. Further, as the City embarks on revising the mining ordinance, the matter of non- conforming uses needs to be specifically addressed. While the ordinance will be the basis on which future expansion of mining activity will be judged, it also can serve the community by defining whether uses previously engaged in are within the concepts of legal non-conforming uses. It has been too long accepted that, since Martin Marietta's activities have long existed without challenge, they are "grandfathered". This is far from reali ty. State law super cedes local ordinances and land use re2:ulations outside an urban area While Carmel Sand is zoned S-1 (residential), the extraction of sand and gravel has been going on for over 25 years. The extraction of mineral resources has been an exempt activity under IC 36-7-4-11 03(C). Specifically, this chapter does not "authorize an ordinance or action of a (municipality) that would prevent, outside of urban areas, the complete use and alienation of any mineral resources. In effect, alienation of mineral resources is exempt from local regulation only when it is done outside an urban area. The purpose of this chapter is to protect the owner of mineral resources from interference from realizing the full benefit of mineral resources from his property. Non-conformin2: use and "vested interest" It is clear that a change in the underlining zoning of property cannot deprive the owner of a vested interest that he has established is the use of his property. "Vested interest" is a code phrase for maintaining a non-conforming use. Several cases in Indiana help define a nonconforming use. A "nonconforming use" is a use of property that lawfullv existed prior the enactment of a zoning ordinance, and which is allowed to continue after the effective date of the ordinance even though it does not comply with the applicable use restrictions. The use of land or buildings may be protected from existing zoning restrictions if the use is one which existed and was lawful when the restrictions became effective, and which continued to exist since that time. Metropolitan Development Com 'n of Marion County v. Schroeder, 727 N.E.2d 742 (Ind. Ct. App. 2000). It is clear from above that those uses must be legally established prior to a change in zoning restriction in order to be allowed to continue as non-conforming. Carmel Sand first came within the scope of an "urban area" (i.e. contiguous to a municipality) when Carmel annexed the Kingswood subdivision. Therefore only those uses legally established at that time can qualify as legal non-conforming uses. The use at that time was "alienation of mineral resources". .. -- " o o The processinl! of outside material is a different. separate use from alienation of mineral resources By definition, only activities comprising the alienation of mineral resources can qualify as preexisting uses, and therefore eligible for legal non-conforming use status. Alienation of mineral resources starts with where the mineral resources are located and is completed when they are in condition for the end user. Beginning in late 2002, after Martin Marietta was denied a special use permit for the Mueller property, Martin Marietta began using the Carmel Sand processing plant to process "third-party sand and gravel". Third-party sand and gravel is used to describe sand and gravel minerals that are extracted from other locations, but delivered to Carmel Sand for processing. These locations are both outside Carmel Sand property limits as well as outside the City of Carmel and Hamilton County. The test of whether processing of sand and gravel by Carmel Sand is permitted is based on meeting the source test. Specifically, when Carmel Sand is completing the alienation of mineral resources" from its own property, i.e. from the Carmel Sand location, then clearly this is alienation of mineral resources. However when existing plant facilities are converted to processing sand and gravel from other locations, it fails the source test. Thus processing of sand and gravel from other locations cannot be considered alienation of mineral resources. Processinl! of Third-party Sand and Gravel is not protected as a nonconforminl! use. If Carmel Sand's commercial processing of third-party sand and gravel does not qualify as alienation of mineral resources based on the source test, then it is subject to existing land use restrictions. It is clear that an S-1 zoning district is residential. It is also well settled that mineral extraction is a permitted special use, requiring a Special Use Permit. But the processing operations fail this test also. The commercial activities of processing third-party sand and gravel, without extraction, have never been legally established. Under Carmel zoning, processing alone is neither the extraction of mineral resources, nor a permitted Special Use. In order to be a legal use, Carmel's land use regulations would require that the property be properly rezoned. It is clear that when the processing of sand and gravel follows the extraction ofthese mineral resources, the processing caIi be considered as an intragal part of "the complete use and alienation of any mineral resources". However, when the minerals are not extracted but merely imported for processing, the processing cannot be considered part of the "complete use and alienation of mineral resources". To state this in another way, in order for processing to be permitted, it must be part and parcel of extracting the minerals. Martin Marietta is in violation of existinl! land use rel!ulations Martin Marietta has modified their Carmel Sand operations so as to no longer be eligible to be classified as "mineral extraction". Specifically, Martin Marietta has suspended extracting minerals from the Carmel Sand site, and has "converted" the processing facilities to process sand and gravel extracted from other locations. .. ... . . .- ' - :_~ o u Processing operations at Cannel Sand can not qualify as a legal nonconforming use if no extraction activity is associated with the processing. Carmel Sand operations constitute a public nuisance It has been stated that whatever obstructs free use of property, interfering with the comfortable enjoyment of life and property by an entire community or neighborhood, is a public nuisance. It is no defense to an action that the plaintiffbuilt his residence close to an existing structure alleged to be a nuisance. A municipality may define, prevent, abate, and suppress nuisances. lL.E. Municipal Corporations 9 341. A business otherwise lawful may be a nuisance by reason of its location in an inappropriate place, as where it is carried on in a city or populous neighborhood, in a residential district, or in close proximity to dwelling houses. The processing facilities on Hazel Dell Road have been the source of complaints for years from nearby Kingswood residents. Specifically these processing operations have not been able to operate without spillover of noise affecting residential neighbors. The EPA requirement for back-up alarms on material hauling equipment is the most egregious offense. Likewise, the "banging" of falling rocks has been problematic. This constant state of noise has prevented neighbors from the full and complete use of their property. Transition It can be said that the transition to regulation of mining has not been a smooth one. The issue herein of defining a legal non-conforming use as it relates to only sand and gravel is microcosmic of issues to be faced in the final ordinance adoption. It would be in everyone's best interest to take on that challenge now as a basis for the ordinance to come. Thank you for your consideration. Sincerely, ~~ Tom Yedlick .... ~ry- Martin Marietta Aggregates ~ Indiana District Office 1980 East 116th Street, Suite 200 Carmel, Indiana 46032 Telephone (317) 573-4460 Fax (317) 573-5975 December 13, 2002 Michael P. Hollibaugh, Director Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 ~- ,,/~-'(.: \ if:?""'... //< \. \, ( .1__1._~.-.:.... / /''''~ k \\ ~ .' "'~"'l. ,/ "':. / "I,:~' "'r 1 "-, 1'-" ",' ~ \/ \" , I"'''tl'l> \(...\ /::,' r<,~'")),.:::fI ".' .\ ~ I <.;1;, I'\\:\,\}I", i ---j 0. 'C'': - ~ ~' .- : , '-1 "\~ '1 \-~ ~('.. S 'j \'>:. ". (.~ (" , " ',,\ ('\.I\\.> ! . \',.-/\ 'v\J ,"-, , \ /\ "', j '( /~>, ;':,(, '/ \:..f,.,.),_,<~ .),/ '<: :'7"',' '->~.. ._____-.~-; \."~>/ '~~~.:{ L1.9-/ Dear Mike: Enclosed please find five applications of Martin Marietta Materials, Inc. to the Carmel- Clay Board of Zoning Appeals for Special Use Approval to conduct the following mineral extraction operations on property leased by Martin Marietta from E. & H. Mueller Development, L.L.C., between Gray Road and Hazel Dell Parkway, on both the north and south sides of 106th Street: 1. Surface sand and gravel extraction and establishment of an artificial lake on 105.981 acres, more or less, on the north side of 106th Street. This application requests approval for sand and gravel extraction utilizing a floating dredge. Unlike the petitions docketed as SU-24-02 and SU-25-02, and denied by the Board of Zoning Appeals on May 28, 2002, Martin Marietta is not requesting a variance from the natural open space buffer requirements of Section 5.2 of the Carmel-Clay' Zoning Ordinance. It is our intention to dismiss our appeal of those denials upon the docketing of this application. 2. Underground limestone extraction on 105.981 acres, more or less, on the north side of 106th Street. 3. Surface sand and gravel extraction on 96.921 acres, more or less, on the south side of 106th Street. 4. Surface limestone extraction on 96.921 acres, more or less, on the south side of 106th Street. 5. Underground limestone extraction on 96.921 acres, more or less, on the south side of 106th Street. These applications are being filed pursuant to the provisions of Section 5.2, which permits mineral extraction as a special use in the S-l zoning district, and in accordance with Chapter 21, ofthe Carmel-Clay Zoning Ordinance. ,a -, December 13,2002 Page 2 We have filed a separate application for each mining operation because each has unique characteristics, including location and method of extraction. We hope that each of these applications is considered independently, upon its own merits. We believe that these separate applications will allow the Board of Zoning Appeals, your office, the City's consultant and the community to closely examine each request. As you can see, we have endeavored to make each application as comprehensive as possible, to address mining method and respond to concerns that have been raised about mining operations in the City of Carmel. We intend to supplement the applications with additional information and expert testimony prior to and at the hearing of the Board of Zoning Appeals. We understand that the first application covers the same operations that the Board denied in May. In the course of the subsequent discussions with the Board, it became apparent that the Board believes any settlement with regard to sand and gravel extraction on north Mueller would require agreements affecting future operations on other parts of the Mueller property. This position, together with the questions raised about Martin Marietta's intent with regard to the other parts of the Mueller property, caused us, in consultation with our top-level corporate management, to re-examine our approach and come up with a more comprehensive presentation of our long-range goals for mining in the area. This comprehensive approach is possible because of the settlement of the Kingswood "urban area" litigation, which requires us to apply for these approvals, and because the Department of Natural Resources has granted approval to relocate Blue Woods Creek south of 106th Street, a necessary prerequisite to any operations on that property. We expect that these applications will be closely scrutinized. We especially welcome the opportunity to meet with you and your staff, and with the City's experts, to discuss these applications and any additional information the City might find helpful in evaluating them. ~SinCerelY',-- jiJ5.ii:^ I Tiberi ice President/General Manager