HomeMy WebLinkAboutApplication Special Use - Executive Summary 02/2006
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Executive Summary of
Application for BQard of Zoning Appeals Action
Special Use Approval Request
Mueller Property South
Surface Limestone Operation
and Artificial Lake
Prepared For:
City of Carmel- Clay Township
Hamilton County
One Civic Square
Car,mel, Indiana 46032
Prepared By:
MartinM'arietta Materials,lnc. M
1980 E. J.16th Street, Suite 200
Carmel, Indiana 46032
February 2006
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MARTIN MARIETTA MATERIALS, INC.
MUELLER PROPERTY SOUTH
SURFACE LIMESTONE OPERATION
1.0
INTRODUCTION
Martin Marietta Materials, Inc. (hereinafter referred to as Martin Marietta) is requesting a Special
Use Permit from the Carmel-Clay Advisory Board of Zoning Appeals for surface limestone
extraction on a 96.921-acre tract south of 106th Street between Gray Road and Hazel Dell
Parkway in the City of Carmel, Hamilton County, Indiana. The property for which Special Use is
being sought is referred to ,in this application as "Mueller Property South". The proposed site is
adjacent to the existing Martin Marietta surface mine and has been approved for a surface sand
and gravel operation (Docket No. 04040024SU Mueller Property South Sand and Gravel
Operation).
This application was accompanied by a detailed set of documents, studies, plans and maps.
The submittals included:
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. Application for Board of Zoning Appeals Action Special Use Approval Request
(Dated December 2002)
. Additional Information for Application for Board of Zoning Appeals Action Special
Use Approval Request (Dated September 2005)
. Response to Comments Provided During September 26, 2005 T AC Meeting for
Martin Marietta Material's Mueller Property South Surface Limestone Operation
(Dated November 2005)
The additional submittals in 2005 included a Sound Level Assessment and an isoseismic study
titled Measurement and Analysis of Blast Induced Ground and Air Vibrations.
Martin Marietta has submitted an extensive set of Commitments for this application that are
based in substantial part on provisions of the City's Mining Ordinance that was struck down, for
the second time, last year. These Commitments implement major portions of the ordinance,
including blasting practices, monitoring, regulation, hours of operation, recordkeeping, water
monitoring, additional studies desired by DOCS, buffers and screening, detailed plan submittal
requirements, and reclamation, among other things.
Some of the submittals thought most useful for the hearing have been included under the tabs
that follow, including:
. Commitments
. Application for Special Use
. Plans and Details (Various maps and plans)
. Sound Level Assessment
. Analysis of Blast Induced Ground and Air Vibrations (Vi bra-Tech Report)
The application documents and submittals have been reviewed and have met all criteria
required by the various City departments in the Technical Advisory Committee (TAC) process.
Because of the large volume of material that has been submitted, the Department of Community
Services has requested a summary of the relevant aspects of this project. This summary is not
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intended to replace or supersede any of the underlying applications, plans, or studies, but will
provide a convenient reference for understanding the overall project and aspects of it.
2.0 NEIGHBORHOOD MEETINGS
Martin Marietta has met with representatives of the Kingswood neighborhood more than a half
dozen times over the past six months to address concerns related to this application, and, in
particular, blasting. On one occasion, Martin Marietta brought Doug Rudenko, a nationally
respected blasting consultant, to Carmel to meet with members of the Board of the Kingswood
Homeowners Assn., members of the Kingswood Mining Task Force, and other interested
Kingswood residents.
3.0 BLUE WOODS CREEK RELOCATION
Blue Woods Creek is a legal drain under the jurisdiction of the Hamilton. County Surveyor's
Office, and is called the Moffit & Williamson Drain by that agency. Currently the creek enters
the Mueller Property South near its southwest corner and exits the Property at its northeastern
boundary. Martin Marietta will relocate approximately 2,650 feet of the Creek that flows across
the Mueller Property South to the western and northern boundaries of the site. The relocation
activities were approved as part of the Mueller Property South Sand and Gravel Operation
(Docket No. 04040024SU). The relocation route is indicated on the attached Mine Plan Map.
The relocated channel will have a 55-foot wide bottom and 3: 1 side slopes.
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Approvals for the relocation of Blue Woods Creek have been obtained from the Indiana
Department of Environmental Management (IDEM), the U.S. Army Corps of Engineers (Corps),
and the Indiana Department of Natural Resources (IDNR). Copies of the plans and permits
have been forwarded to the Carmel Department of Community Services as part of the Mueller
Property South Sand and Gravel Operation.
It should be noted that the magnitude of the Blue Woods Creek relocation requires several
months of lead-time for project funding, bidding and implementation. While this may impact the
exact sequencing of the sand and gravel mining operations and subsequently the surface
limestone operations north of the existing Blue Woods Creek, the relocation will not impact the
limestone extraction south of the existing Blue Woods Creek at the transition zone between the-
existing North Indianapolis Operation and Mueller Property South. Additionally, it is anticipated
that the creek relocation will be completed in 2008.
4.0 PROJECT OPERATIONAL PHASES
The following sections discuss Martin Marietta's sequencing of the project. It should be noted
that to reach the limestone deposit, Martin Marietta must remove approximately five feet of
topsoil and nonaggreate material (overburden) and approximately twenty-six feet of sand and
gravel. The removal of the overburden as well as the sand and gravel that overlays the
limestone is currently underway as part of the approved Mueller Property South Sand and
Gravel Operation (Docket No. 04040024SU). Since the activities are occurring on the same
parcel and may happen concurrently, the operational phases for both operations (sand and
gravel as well as limestone) are discussed.
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4.1 Site Preparation
Prior to any earth-moving activities, appropriate erosion and sedimentation controls will be in
place to prevent sediment from .leaving the subject property. Additionally, any former cropland
areas that db not have a permanent, dense vegetative cover will be seeded. The specific
erosion and sediment controls proposed for the site depend on the sequencing of the relocation
of Blue Woods Creek. Mining may occur on some portions of the site prior to, concurrent with
and/or after relocation of the creek, however the appropriate erosion controls will be in place
regardless of the sequence. These matters have been reviewed by the appropriate
departments in the T AC process, as well as the City's outside consultants. For further details
please reference the Mueller Property South Surface Limestone Operation Erosion and
Sediment Control Report (Dated September 2005). It should be noted that the Erosion and
Sediment Control Plan for the Mueller Property South Surface Limestone Operation is intended
to be very similar to that approved for Mueller Property South Sand and Gravel Operation.
Since the activities are occurring on the same parcel and the sand and gravel deposit overlays
the limestone, the sand and gravel must be removed prior to limestone mining occurring;
therefore, the erosion and sediment control measures are applicable to both operations.
Furthermore, the limestone extraction is commencing south of Blue Woods Creek and at the
transition zone between the existing North Indianapolis Operation and Mueller Property South.
Any storm water runoff and groundwater discharge will drain into the existing limestone
operation.
4.2 Overburden Removal
Approximately five feet of topsoil and other non-aggregate material (overburden) will be
removed using equipment such as pans, front-end loaders and dump/haul trucks, or similar
equipment, in order to expose the sand and gravel deposit. Overburden will either be used to
construct permanent berms or removed from the site. This work is already underway pursuant
to the approval in Docket No. 04040024SU. The permanent berm along the south side of 106th
Street has already been constructed as part of the Mueller Property South Sand and Gravel
Operation. Hours of operation for overburden removal will be limited to the months of
November through March, Monday through Friday, 7:00 a.m. to 8:00 p.m., and only on days
other than Saturday, Sunday, or State of Indiana holidays.
Seeding is a major erosion control measure during overburden removal and mining. Seeding
has and will occur regardless of the sequence of activities and appropriate engineering
measures will be taken to control erosion and off-site drainage while overburden is being
removed. Any disturbed areas that will not be active mining areas will be seeded as soon as
work is completed or final grade is attained. For further details please reference the Mueller
Property South Surface Limestone Operation Erosion and Sediment Control Report (Dated
September 2005).
4.3 Sand & Gravel Mining
The next phase after overburden removal is the extraction of the sand and gravel deposit, which
is approximately 26 feet thick. Martin Marietta will use typical dry bank mining equipment such
as loaders, backhoes and haul or dump trucks to mine the sand and gravel. Specific mining
activities and construction of erosion and sediment structures needed for those activities were
approved in Mueller Property South Sand and Gravel Operation (Docket No. 04040024SU).
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4.4 Surface Limestone Mining
Once the sand and gravel is removed, the limestone will be exposed. Limestone will be mined
by surface (open pit) mining methods. Total thickness of the limestone material is
approximately 215 feet. A detailed discussion of the possible. scenarios can be reviewed in the
Erosion and Sediment Control Report. At its closest point, the northern most limit of extraction
will be approximately 1,783 feet from the nearest residential property line.
4.4.1 Blasting
The Indiana Department of Homeland Security has exclusive jurisdiction over blasting in
Indiana. It has set standards that govern all blasting, including any blasting done under this
application and approval. Blasting is thus outside the jurisdiction of this Board, .or the City, but
because Martin Marietta anticipates Kingswood will focus its attention on this issue, Martin
Marietta has proposed extensive commitments and will discuss blasting in this summary.
Explosives of the same kind and type currently in use on the site will be used for extraction of
the limestone deposit under this application. No explosives will be stored on the Real Estate.
Martin Marietta has always complied, and will continue to comply, with all applicable state and
federal blasting regulations to insure the safety of our employees, on-site contractors, and the
general public. Martin Marietta i~ not aware of any injury to anyone caused by blasting on this
site.
In order to respond to DOCS concerns, however, Martin Marietta commissioned Vibra-Tech
Engineers, Inc. to assess future blasting impacts under this application and to perform an
isoseismic study. An isoseismic study such as this was one of the components of the Carmel
Mining Ordinance that was struck down by the Circuit Court, but Martin Marietta has undertaken
the study voluntarily. In doing this study, Vi bra-Tech analyzed the vibrations that would be
produced by blasting at the closest point to Kingswood that blasting would ever occur under
this application, which is approximately 1800 feet from the nearest Kingswood residence, and
much further from Kingswood as a whole. Vi bra-Tech was tasked with utilizing its Vibra-Map
technology, which utilizes over a hundred vibration monitors to map the footprint of a blast and
predict maximum blast vibration levels. In its report, which has been provided to DOCS and
Spectra Environmental, its mining consultant, Vi bra-Tech concluded that the maximum vibration
level for a blast closest to Kingswood will be far less than the vibration limits specified in
regulations issued by the Indiana Department of Homeland Security. In addition, blasting at the
point closest to Kingswood would also comply with the limits in the City's Mining Ordinance that
was struck down, which limited vibrations to one-half the limit specified by the Department of
Homeland Security and recommended by the City's own mining consultant, Spectra
Environmental. Thus, it is evident from this report that there will be no adverse impact on any
surrounding property as a result of the operations proposed under this application, even when
blasting is closest to Kingswood.
Furthermore, Martin Marietta has proposed a detailed set of blasting commitments that are
intended to mirror major portions of the City's Mining Ordinance that were struck down.. For
example, that ordinance required an isoseismic study, which Martin Marietta has now voluntarily
performed and submitted to DOCS and its consultants. Likewise; that ordinance attempted to
set a blast vibration limit of .5 inches per second, half the limit set by Homeland Security, and
Martin Marietta has set the City's lower limit as a goal and a criterion by which its blasting is to
be evaluated. The Commitments mandate outside review of Martin Marietta's achievement of
these goals, and remediation if they are not met. Even if the goals are being met, the
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Commitments require an annual review of Martin Marietta's blasting practices by Vibra- Tech to
see if improvements can be made. Other parts of the commitments address mandatory blast
monitoring locations, annual reports to DOCS on blasting activities, limits on when blasting can
occur, and other matters.
4.5 Reclamation
Once mining operations are complete, areas will be moderately sloped (3: 1) and seeded from
the permit boundary to the top of the limestone. A minimum of six inches of topsoil will be
spread on the slopes during reclamation. If adequate topsoil is not available from on-site
storage piles, topsoil will be brought in from an outside source. The permanent seeding shall be
in accordance with the seed mixes outlined and detailed on the Landscaping Plan Map
provided. The grasses, trees, and other vegetative materials were expressly reviewed in the
TAC process and changes made by Martin Marietta at the request of City staff. At the
conclusion of surface limestone extraction a lake will be created.
5.0 OTHER ENVIRONMENTAL AND AESTHETIC CONSIDERATIONS
The following sections discuss Martin Marietta's plans to address additional environmental and
aesthetic considerations.
5.1 Screening and Buffering
A buffer area of approximately 330 feet in width will be maintained along the south side of 106th
Street, which will contain the relocated Blue Woods Creek, a berm approximately 19 feet in
height adjacent to the southern right-of-way line, tree plantings, and a six-foot high chain-link
fence. The 19-foot high berm provides an excellent visual and noise barrier for 106th Street.
These features have already been constructed as part of the Mueller Property South Sand and
Gravel Operation.
A seeded berm of approximately 15 feet in height and a six-foot high chain-link fence will be
constructed along the western boundary of Hazel Dell Parkway. The 15-foot high berm will
provide the visual and noise barrier as well as screening for Hazel Dell Parkway.
Future berm construction along Hazel Dell Parkway is detailed on the attached Mine Plan Map.
Berm side slopes will be 3: 1. Tree and planting details are shown on the Landscape Plan Map,
which has been reviewed and approved by the City of Carmel's Urban Forester.
5.2 Air Quality
Surface limestone operations are regulated under the federal Clean Air Act and applicable
statutes implemented by the Indiana Department of Environmental Management. The Mueller
South Surface Limestone Operation will be subject to all such regulations. Dust suppression
measures to be utilized include water trucks and water sprays. The water truck will routinely
wet access roads, roads internal to the mining area and muck piles. Moreover, the buffer areas
will further minimize propagation of dust, if any, from the Real Estate.
5.3 Hydrology
As with its prior applications, Martin Marietta continues to cooperate with the City Utilities
Department (the "Departmenr) in the development of a comprehensive water quality-monitoring
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program for the Plant 4 Well Field. To date, Martin Marietta has submitted and incorporated
within the Mueller Property South and North Sand and Gravel Operation Commitments the
following:
. Groundwater and Surface Water Monitoring Plan for the Mueller Property South
Sand and Gravel Operation dated June 2004. This Plan has been implemented.
. Groundwater and Surface Water Monitoring Plan for the Mueller Property North
Sand and Gravel Operation dated May 2005. This Plan has been initiated with
the completion of monitoring well installation and initial testing underway.
These monitoring plans provide. the necessary infrastructure for the monitoring and
characterization of the aquifer. Moreover, Martin Marietta will cooperate with the Department in
the development of a water quality-monitoring program acceptable to the Department to monitor
potential impacts from open pit mining on the Real Estate. Martin Marietta recognizes that this
may require different or additional wells or monitoring protocols than those currently called for
and agrees to pay for those that are made necessary by the mining approved herein, as
determined in the Department's reasonable judgment. Martin Marietta recognizes that the City
may wish to conduct additional monitoring at its own expense and agrees to cooperate with the
City to permit such additional monitoring. Further, .Martin Marietta will grant the City access to
the monitoring points, flow meters, and related areas at all reasonable times, subject to
compliance with MSHA regulations. The City will also have access to monitoring locations on
an as needed basis for emergency purposes. Additionally, Martin Marietta will notify the
Department of the date for the annual training as prescribed by the Spill Prevention, Control,
and Countermeasure Plan dated April 2003 such that a Department representative can attend
and/or participate in the training.
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5.4 Noise
A Sound Level Assessment for the proposed operation was completed by an independent
consultant on behalf of Martin Marietta and submitted to the Department of Community
Services. The results of the study show that sound from operations on the Real Estate, which
will be below ground level, will meet all applicable limits and there will be no adverse impact on
any surrounding property as a result of the proposed operations. It is also. notable that similar
equipment is already in operation on the site extracting sand and gravel and there is no reason
for the proposed operations to have a different sound footprint or impact. For further details
please reference the Mueller Property South Limestone Operation Sound Level Assessment
(Dated September 2005)
5.5 Spill Prevention, Control and Countermeasure (SPCC) Plan
Martin Marietta has submitted a certified SPCC Plan to the City of Carmel that encompasses
the subject property as well as its existing North Indianapolis operation. It should be noted
however that no fuel oil, oil, waste oil or gasoline would be stored on the subject property.
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6.0 SUMMARY OF MAJOR SUBMITTALS (maps and studies)
Area Map (Dated September 6, 2005)
Zoning Map (Dated September 6, 2005)
Mine Plan Map (Dated November 30,2005)
Reclamation Plan Map (Dated November 30,2005)
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Landscaping Plan Map (Dated November 30, 2005)
Cross Section Map (Dated November 30, 2005)
Erosion and Sediment Control Report (Dated September 2005)
Sound Level Assessment (Dated September 2005)
Spill, Prevention, Control, and Countermeasure (SPCC) Plan (Dated April 2003)
Measurement and Analysis of Blast Induced Ground and Air Vibrations Report (Dated
November 2005)
Commitments to the City of Carmel
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MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SURFACE LIMESTONE MINING SPECIAL USE APPLICATION
Docket No. 05090003 SU
STATEMENTOFCO~TMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials, me. ("Martin Marietta") makes/ the following COMMITMENTS
concerning the use and devel~pment of that parcel of real estate located near the southwest
comer of the intersection of 106th Street and Hazel Dell. Parkway, in the City of Carmel,
Hamilton County, mdiana, which is more particularly described on Exhibit A attached hereto
and incorporated herein by this reference (the "Real Estate"). These commitments apply only to
the described Real Estate and to no other property owned or controlled by Martin Marietta.
Statement of COMMITMENTS:
1. General Operational Commitments.
A.
Martin Marietta will develop an open pit, surface mining operation on the Real
Estate in accordance with the plans and submittals identified herein and the
commitments made herein.
B. The maps, submittals, and undertakings in the TAC responses shall be deemed the
application documents and shall bind Martin Marietta. Attached hereto as Exhibit
B is a master iist of the maps and submittals governing the application and this
approval. m the event of a conflict between maps or submittals, the most recent
submittal shall be deemed to supersede all prior maps or submittals and to be
binding on Martin Marietta.
C. 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 on the Real
Estate, including all submittals to such governmental agencies, and shall include
all specifications and restrictions contained in such submittals and approvals.
D.
Overburden removal shall be completed during the hours of 7:00 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 State of mdiana 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.
INDY 1622966v.5
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Martin Marietta's_ acceptance of the hours of operation set forth above.is based on
the specific nature of the particular activities and site regulated by such hours and
shall not be deemed to establish a precedent or suggest that such hours are
reasonable for any other operations or any other site.
F. Martin Marietta shall use the existing entrance on 96th Street for haul trucks and
other heavy equipment accessing the Real Estate (except as it may be necessary to
access the Real Estate from 106th Street and Hazel Dell Parkway for berm
construction).
E.
G. The berm specified along the perimeter of the property as identified on the Mine
Plan map shall be substantially complete within one hundred eighty (180) days of
the commencement of the removal of overburden from the Real Estate.
Completion shall include, but not be limited to, landscaping installation and
seeding. The Director is authorized to allow landscaping and seeding to be
deferred up to six (6) months to allow planting to be done at an appropriate time
seasonally.
H.
Chain link type fences at least six (6) feet in height shall be required on the
perimeter of the Real Estate at a point not closer than the right-of-way line of any
street bordering the Real Estate where it is not contiguous to existing mine
property. Martin Marietta shall submit the proposed location and type of fence to
the Director for approval. The fence shall be maintained in a constant state of
good repair.
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I. Petroleum products shall be stored in accordance with applicable regulations of
the United States Environmental Protection Agency and Indiana Department of
Environmental Management.
J. Any lights used for exterior illumination shall be directed away from adjoining
public and private property.
II. Blasting Practices.
A. General Requirements.
1. Martin Marietta shall comply with all applicable state and federal
regulations as they relate to blasting on the Real Estate.
2. All surface blasting on the Real Estate shall be limited to the period from
11 :00 a.m. to 5 :00 p.m. on weekdays (except on holidays. recognized by
the State of Indiana when no surface blasting shall be allowed).
3. Martin Marietta shall endeavor in good faith to schedule surface blasts on
the Real Estate at the same approximate time of day.
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4.
Explosives used in a surface blast on the Real Estate shall not be detonated
at other times, except when necessary to detonate a loaded shot that could
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not be detonated because of adverse weather or other conditions that could
not be reasonably foreseen by Martin Marietta, to maintain blasting safety,
or as required to comply with applicable governmental requirements.
5.
Martin Marietta shall notify the Director of the Department of Community
Services ("DOCS") of any surface blast that occurs outside the prescribed
times of day on the Real Estate within 24 hours of such event.
6.
Individuals trained and experienced in the design and safe use of surface
blasting systems and licensed by the State of Indiana shall conduct all
surface blasting on the Real Estate.
7.
Surface blasting on the Real Estate shall occur no closer than one thousand
eight hundred (1800) feet (measured horizontally) to any currently
existing occupied, single-family residential structure (excluding those
situated on the so-called "Mueller Property North" and "Mueller Property
South"), or within one hundred (100) feet, measured horizontally, of any
underground pipeline, unless the pipeline company authorizes, or confirms
in writing to the Director, a lesser distance, provided that such distance
shall in no event be less than twenty-five (25) feet.
8.
Explosives shall not be stored on the Real Estate. Martin Marietta shall
use best practices when loading explosives on the Real Estate, and the
amount of explosives loaded into each hole shall be monitored to avoid
overloading a blast.
9. Fly rock from the Real Estate shall not leave the property owned or
controlled by Martin Marietta.
B. Vibration and Air Overpressure Limits.
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INDY 1622966v.5
1. The maximum peak particle velocities for any blast on the Real Estate
shall comply with: (1) the requirements of the rules and regulations of the
Indiana Department of Homeland Security, generally consistent with
Indiana Code 22-11-14, and the regulations promulgated thereunder
pursuant to 675 lAC 26; and (2) the frequency and vibration criteria
referenced in the former U.S. Bureau of Mines Report of Investigations
(RI) 8507, Structural Response and Damage Produced by Ground
Vibration from Surface Mine blasting (Siskind 1980), including the
frequency and vibration curve therein commonly referred to as the Siskind
Curve.
The maximum air overpressure limits from blasting on the Real Estate
shall comply with the requirements of the rules and regulations of the
Indiana Department of Homeland Security, generally consistent with
Indiana Code 22-11-14, and the regulations promulgated thereunder
pursuant to 675 lAC 26, which are generally patterned upon the criteria
referenced in the former U.S. Bureau of Mines RI 8485, Structure
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Response and Damage Produced by Airblast from Surface Mining
(Siskind 1980), as shown in the table below:
134 dB .
133 dB
129 dB
105 dB
C. Monitoring Guidelines.
INDY 1622966v,5
1. All overpressure on the Real Estate shall be monitored by Vibra-Tech
Engineering, Inc. ("Vibra-Tech"), who shall be responsible forreviewing
and analyzing the data. Provided, however, that if Martin Marietta
demonstrates compliance for a period of three years, it shall be entitled to
submit a plan for self-monitoring and the Director is authorized to approve
such plan if it contains substantially the same monitoring specified herein.
2.
All blasts on the Real Estate shall be monitored by no less than six
properly calibrated seismographs recording horizontal and vertical ground
vibrations and air overpressure. The location of the monitoring stations
shall be acceptable to the Director. All equipment for the monitoring of
blasts will be maintained and calibrated by the monitoring company
exclusively.
3.
The Director may require that additional monitoring stations be located, or
that existing monitoring stations be relocated to or from certain sites;
provided, however, that Martin Marietta shall not be required to provide
more than two additional monitoring locations at any given point in time.
4. Records shall be kept by Martin Marietta for each surface blast on the
Real Estate and shall include the following: ..
a. the date, time and specific location of each blast;
b. the weather conditions including:
1. air temperature;
11. wind speed and direction; and
111. cloud cover.
c. identification of the closest residential structure, and approximate
distance from the blast;
d.
the name and license number of the person conducting the blast;
and
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the number of holes, diameter and depth of holes, the delay patt€;:rn
and design, and number of detonators used.
5. Martin Marietta shall maintain all records of blasting on the Real Estate
for a period not less than three (3) years.
6. Annually, within thirty (30) days of the anniversary of the issuance of this
permit, Martin Marietta shall provide a report of blasting on the Real
Estate to the Director for the preceding year. The blasting report shall
contain the date, time, total explosives, pounds per delay, and systems
used for each blast, together with. a statement that the blasting complied
with all applicable laws and regulations.
D. Reportable Events.
1.
Martin Marietta shall report to the DOCS any blast that exceeds .5 inches
per second, or otherwise does not comply with the Bureau of Mines
Siskind curve with respect to a combination of frequency and peak particle
velocity at any monitor adjacent to the Kingswood Neighborhood (such
blasts are hereafter referred to as "Reportable Events"). The report to
DOCS shall contain complete information with respect to such Reportable
Events, including blast layout arid design, together with all seismic,
decibel, weather and other data gathered as part of Martin Marietta's
monitoring.
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2. If three (3) or more Reportable Events occur in any calendar year, within
ten (10) days of the third event Martin Marietta shall submit all
information on such Reportable Events to Vibra- Tech Inc. for its review
and analysis. Within twenty (20) days after such data is submitted to
Vibra-Tech, or at such time as is agreed to by DOCS, Martin Marietta and
Vibra- Tech shall meet with DOCS to discuss the Reportable Events and
any recommendations by Vibra-Tech with respect to blasting patterns or
practices to minimize Reportable Events. It shall not be presumed that a
change in blasting patterns or practices is necessary merely because of
such Reportable Events, but if Vibra- Tech reasonably believes that a
change is necessary to prevent frequent Reportable Events, it shall
recommend such changes in blasting practices, as it deems necessary.
These recommendations shall be discussed at the meeting with DOCS, and
Martin Marietta shall be entitled to suggest changes or modifications to
the recommendations that would make them less onerous or more
acceptable, and Vibra-Tech shall consider Martin Marietta's comments in
that regard. Within ten (10) days after the meeting, however, Vibra-Tech
shall finalize its recommendation and Martin Marietta agrees to implement
such commercially reasonable recommendations as expeditiously as is
commercially practicable, given the nature of the recommendations.
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3.
Martin Marietta further agrees to grant Vibra-Tech access to its records
upon request by the DOCS for the purpose of Vibra- Tech auditing them to
determine that Martin Marietta is complying with the reporting obligations
with respect to Reportable Events contained herein. Any audit report by
Vibra- Tech shall report only whether Martin Marietta has complied with
its reporting obligations herein and, if it has not, the instances and manner
in which it has not complied, including the information and data required
to be submitted by Martin Marietta for any Reportable Event.
4. In January of each year, Vibra-Tech shall review Martin Marietta's
blasting records and blasting programs for the prior year for the purpose of
making such recommendations as Vibra- Tech believes may reasonably be
necessary to reflect changes in the state of blasting technology that have
become commercially practicable. Martin Marietta agrees to consider the
recommended changes in good faith, and to implement those that do not
unreasonably interfere with its operations and are commercially
practicable, but otherwise shall be under no obligation to implement them
so long as it has less than three Reportable Events during the previous
calendar year.
5.
An air overpressure measurement in excess of 120dB shall also be deemed
a Reportable Event and the occurrence of three such air overpressure
Reportable Events shall trigger the requirements set forth above in
subparagraph (2) above. Air overpressure and vibration Reportable
Events shall not be combined to trigger the requirements of subparagraph
(2) above.
6. In the event Vibra- Tech is unable to serve in the capacity described
hereinabove, Martin Marietta shall propose to DOCS another nationally
recognized engineer with experience in mining activities such as those
undertaken by Martin Marietta on the Real Estate. Such replacement shall
be reasonably acceptable to DOCS.
7. These specific blasting conditions are intended to and do constitute all of
the commitments made by Martin Marietta with respect to blasting and
supersede all other provisions of these conditions with respect to blasting.
III. Studies and Monitoring.
If the Director determines that additional study or monitoring of off-site impacts from
operations on the Real Estate is necessary, he or she shall notify Martin Marietta of the particular
matter needing study. Martin Marietta shall then present the Director with a proposal to address
the matter raised by the Director, at Martin Marietta's expense, within forty-five (45) days. If the
Director agrees with the proposal, Martin Marietta shall cause the study or monitoring to be
performed at its expense in the time frame set forth in the proposal and shall provide a report of
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the results to the Director. If the Director does not agree with Martin Marietta's proposal, he or
she shall modify it or present Martin Marietta with his or her own proposal and Martin Marietta
shall pay the cost of such studies.
IV. Water Monitoring.
Martin Marietta will cooperate with the City Utilities Department (the "Department") in
the development of a water quality monitoring program acceptable to the Department to monitor
potential impacts from open pit mining on the Real Estate. Martin Marietta recognizes that this
may require different or additional wells or monitoring protocols than those currently called for
and agrees to pay for those that are made necessary by the mining approved herein, as
determined in the Department's reasonable judgment. Martin Marietta recognizes that the
Department may wish to conduct additional monitoring at its own expense and agrees to
cooperate with the Department to permit such additional monitoring. Further, Martin Marietta
shall grant the Department access to the monitoring points, flow meters, and related areas at all
reasonable times, subject to compliance with MSHA regulations. The Department shall also
have access to monitoring locations on an as needed basis for emergency purposes.
Additionally, Martin Marietta will notify the Department as to the date of the annual training as
prescribed by the Spill Prevention, Control, and Countermeasure Plan dated April 2003 such that
a Department representative can attend and/or participate in the training.
V. Buffers and Screening.
A.
A buffer area of approximately 330 feet in width will be maintained from the
property line of the Real Estate on the south side of 106th Street as shown on the
Mine Plan. Berms or other activities allowed under previous permits in this area
continue to be allowed.
B. All landscaping specified in any plans will be completed and maintained
consistent with the Landscaping Plan Map, a copy of which is on file in the Office
of DOCS, except as modified herein.
VI. Environmental.
A. All operations shall be conducted" in conformance with the Federal Clean Air Act,
Clean Water 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 with the
Carmel Fire Department, Carmel Utilities and in the Office of DOCS.
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 DOCS.
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INDY 1622966v.5
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VII. Periodic Reports.
Martin Marietta shall submit a report (the "Report") within thirty (30) days of the five (5)
year anniversary date of this permit. The Report shall contain the following information with
respect to the Real Estate:
A. A Mine Plan for operations on the Real Estate consisting of:
1. an Operations Plan;
2. a Mine Plan map; and
3. a Reclamation Plan.
B. The Operations Plan for the Real Estate shall include the following:
1. the general geographic location ofthe current mining activity;
2. a description of the existing condition of the surface at the Mine, including
areas already mined or disturbed by mining, the existence of structures,
vegetation, and ground cover;
3.
a description of the method of mining showing the method of extraction,
the sequence of mining, the disposition of materials on the Real Estate,
the use of haul routes, ingress and egress from public streets, and an
updated Blasting Plan including the following information:
a. monitoring locations;
b. anticipated frequency of surface mine blasting;
c. anticipated range of blast sizes (in tons);
d. pre-blast notification (as requested by any interested parties within
a one mile radius of the operation); and
e. other general blast related information.
4. a description of the expected general direction of mining during the next
five (5) year period, along with the overall development of the mine.
c.
The Operations Plan shall also include a description of the methods used or to be
used for preventing pollution from mining on the Real Estate, including but not
limited to air pollution, water pollution and noise pollution. If such methods are
contained in applications and/or permits issued to Martin Marietta, the submission
of such applications and permits to the Director shall satisfy this requirement. If
not, Martin Marietta shall provide the following:
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INDY 1622966v.5
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1.
current and future drainage and water controls, including discharge
volumes, water quantity and quality monitoring locations, monitoring
wells, and similar water quality and quantity matters;
2. air quality and dust control plans;
3. a complete Spill Prevention Control and Countermeasure (SpeC) plan,
updated as necessary, to insure adequate response to potential fuel spills
and releases from mining equipment;
4. emergency response measures in the event of a release that could impact
water quality;
5. a description of the employee training for response to spill and release
emergencies; and
6. a listing of all chemicals, quantities and storage locations for the facility.
D. The Mine Plan map shall be presented on a base map stamped by a professional
licensed in Indiana and shall include the following:
1.
U 2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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INDY 1622966v.5
a map of the location of the mine on the Real Estate including boundaries
of the Real Estate controlled by Martin Marietta;
a schematic outline and legal description of the Real Estate proposed for
mining for the life of the mine;
topographic contours, at two-foot intervals;
all areas of excavation, and, if applicable, all blasting areas on the Real
Estate;
all processing plant areas on the Real Estate;
all drainage features, water courses, water discharge points, water
impoundments, and ground water monitoring locations;
the name and address of the mining operation;
the mine manager's name and contact information;
the scale, a north arrow and a reference datum;
the name of the individual responsible for the preparation of the maps
and/or photographs; and
the date of preparation, and the record of work and/or revisions.
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E.
The Report shall also include:
1. a written description detailing any reclamation accomplished on the Real
Estate during the prior period;
2. results of studies or monitoring required by the Director or any other city,
county, state or federal agency to insure that the requirements of this
permit have been, are being, and will be satisfied; and
3. a certification by Martin Marietta that all mining, processing or
reclamation conducted during the reporting period was in conformance
with the permit and the approved plans, and that Martin Marietta is in
compliance with these commitments.
VIII. Reclamation.
Unless an alternative reclamation plan is approved, Martin Marietta shall reclaim the
Real Estate as a lake. The Reclamation Plan shall consist of a graphic and written description of
the proposed Reclamation and shall:
A. include maps and cross sections that illustrate the final physical state of the
reclaimed land;
B.
include a description of the manner in which the land is to be reclaimed, including
the disposition of topsoil, and a schedule for performing any reclamation and
planting and seeding plans that will commence during the next five year period;
C. comply generally with the version of the Guiding Principles of the Environmental
Stewardship Council for reclamation, grading and re-vegetation in effect at the
time the reclamation plan is submitted; and
D. provide a reclamation bond payable to the City in an appropriate and reasonable
amount that, in the Director's discretion, is sufficient 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, and shall be
subject to amendment from time to time as deemed necessary by the Director to
assure completion of the reclamation.
IX. Binding Effect.
These Commitments are binding on Martin Marietta as the current lessee and E. & H.
Mueller Development, LLC ("Mueller") as the current owner of the Real Estate, each subsequent
lessee and owner thereof, and each person acquiring an interest therein, unless modified or
terminated by the BZA or its successor pursuant to this paragraph. These Commitments may be
modified or terminated only upon (a) petition by Martin Marietta or its successor, and (b)
approval by the BZA after notice and hearing pursuant to the BZA's Rules of Procedure. Until
they expire or are modified or terminated pursuant to this paragraph, these Commitments shall be
enforceable by the City of Carmel or the BZA by injunctive relief, denial of building p.ermits or
10
INDY 1622966v.5
Q
approvals in respect of the Real Estate, or other appropriate administrative or judicial remedy,
provided that any such relief, denial or other remedy is related to the Real Estate and to some
effects or harm from a breach or violation of these Commitments by Martin Marietta or Mueller.
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, but
shall create no private right of action. In any proceedings to modify or terminate these
Commitments, notice of hearing shall be given to the owners of property as required by the
Carmel Zoning Ordinance and the BZA's Rules of Procedure.
X. General.
A. In all matters where a representative of the City is given discretion to order
studies or take action, such representative shall do so reasonably and shall not
require the doing of any act or the expenditure of money for arbitrary or
capricious reasons.
B. The approval under Approval Docket No. 05090003 SU is specific to the Martin
Marietta proposal for the surface mining of limestone on the Real Estate, and in
no way implies that the BZA has reviewed, condoned, or approved any aspect of
any other pending application for mining.
c.
The denial of a future or other pending application to mine on the Real Estate
shall not be deemed a taking based on any theory that the Real Estate has become
unusable for any purpose other than mining by virtue of the grant of this Special
Use permit. Martin Marietta retains its right to challenge the denial of any future
application on any other ground or theory, including a taking theory not based on
the grant of the permit herein, whether based on state or federal laws or
constitutions, board rules, local ordinances, or otherwise.
u
D. Martin Marietta shall provide access to DOCS and the Department's employees
and its consultants, at all reasonable times, for purposes of monitoring compliance
with these commitments and any other responsibilities derived there from.
E. Unless expressly specified herein, nothing in these commitments shall supersede,
suspend, or otherwise modify any commitment or obligation undertaken by
Martin Marietta in any other proceeding or docket.
COMMITMENTS contained in this instrument shall be effective upon the adoption of
Approval Docket No. 05090003 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. 05090003 SU or until such
other time as may be specified herein.
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, Indian~ upon final approval of Docket No. 05090003 Su.
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INDY 1622966v.5
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IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
this day of February 2006.
MARTIN MARIETTA MATERIALS, INC.
By:
John J. Tiberi
Regional Vice President/General Manager
MidAmerica Region
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the Regional Vice President/General Manager, MidAmerica Region, 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 February 2006.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
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INDY 1622966v.5
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E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By:
Signature
Its:
Printed Name and Title
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, the Managing Member, authorized agent of E. & H. Mueller
Development, LLC, an Indiana limited liability company, 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
My Commission Expires:
day of February 2006.
Signature
Printed
NOTARY PUBLIC
County of Residence:
This instrument was prepared by and after recordation should be returned to Zeff A. Weiss,
Ice Miller, One American Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone
(317) 236-2319.
INDY 1622966v.5
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EXHIBIT A
REAL ESTATE DESCRIPTION
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:
Commencing at the Northwest comer 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 comer of the East Half of the Northwest Quarter of
said Section 9, said comer 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 at 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 comer 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.
INDY 1622966v.5
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EXHIBIT.B
MASTER LIST OF MAPS AND SUBMITTALS
. Area Map
. Zoning Map
. Mine Plan Map
. Reclamation Plan Map
. Landscaping Plan Map
. Cross Section Map
. Erosion and Sediment Control Report
. Sound Level Assessment
. Spill, Prevention, Control, and
Countermeasure (SPCC) Plan
. Measurement and Analysis of Blast
Induced Ground and Air Vibrations
INDY 1622966v.5
(Dated September 6, 2005)
(Dated September 6, 2005)
(Dated November 28, 2005)
(Dated November 28, 2005)
(Dated November 28, 2005)
(Dated November 28,2005)
(Dated September 2005)
(Dated September 2005)
(Dated April 2003)
(Dated November 30,2005)
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DOCKET NO.
CITY OF CARMEL -CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE APPROVAL REQUEST
Fee $450.00
DATE RECEIVED:
1)
Applicant Martin Marietta Materials, Inc.
Address 1980 E. 116 Street, Suite 200. Carmel. Indiana 46032
Project Name Mueller Property South Surface Limestone Operation Telephone 317-573-4460
Engineer/Architect Max Williams. Martin Marietta Materials. Inc. Telephone 317-573-4460
Attorney Tom Enale & David Warshauer. Barnes & Thombura Telephone 317-231-7346
Yvonne Bailey. Martin Marietta Materials, Inc. Telephone 919-783-4655
H. Wayne Phears, Phears & Moldovan Telephone 770-446-2116
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Lona-term lessee of the subiect property
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: E. & H. Mueller Development, L.LC.1
Owner's address 11173 Hazel Dell Parkway, Indianapolis, IN 46280 Phone 317 -773-2190
Record of Ownership:
Deed Book No./lnstrument No. 2000-24710
Page: NJA Purchase Date: January 4, 2000
Common address of the property involved: 5345 106th Street East, Indianapolis. IN 46280
Legal description: See Appendix A
Tax Map Parcel No~: 17-14-09-00-00-003.000
State explanation of requested Special Use
a} Martin Marietta Materials. Inc. (hereinafter referred to as Martin Marietta) requests a
Special Use for surface limestone extraction on the portion of the Mueller property
located south of 106th Street and described in Appendix A (hereinafter referred to as
the Mueller Property South or "subiect property"). The Mueller Property South is
located in an S-1 Residential District. Section 5.2 of the Carmel/Clay Zonina
. .
Ordinance ("Ordinance") establishes that "Mineral extraction,
2)
3)
4)
5)
6)
7)
~.
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For appendices referenced in this application, refer to the Application for Board of Zoning
Appeals Action Special Use Approval Request for Mueller Property South Surface Limestone
Operation and Artificial Lake, dated December 13, 2002.
J. Michael Antrim, Church Church Hittle & Antrim, 938 Conner Street, Noblesville,lndiana
46060,317-773-2190, attorney for E. & H. Mueller Development, L.LC.
Page 1 of 11 - Special Use Application
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borrow pit. top soil removal and their storaae" is a permitted Special Use in this
district.
Martin Marietta Materials. Inc. also reauests a Special Use for an artificial lake on
the Mueller Property South. Section 5.2 of the Ordinance also allows an lIArtificial
lake or pond" as a permitted Special Use in this district.
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet
,entitled "Findings of Fact-Special Use") ,
b)
See Pages 10 and 11 for "Findinas of Fact - Special Use" and Appendix B for Reasons
Supportina the Special Use.
9) Present zoning of the property (give exact classification): S~1 Residence District: also partially
in a Special Flood Hazard Area (floodplain)
10) Present use of the property: Agricultural
11) Size of lot/parcel in question: 96.921 acres
12) Describe the proposed use of the property: The Mueller Property South will be used as a
surface limestone operation and in the eventual creation of an artificial lake.
,13) Is the property: Owner occupied
Renter occupied X
Other
W 14)
Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection
with this property that would relate or affect its use for the specific purpose of this application?
If yes, give date and docket number, decision rendered, and pertinent explanation.
No.
15) Has work for which this application is being filed already started? If answer is yes, give details:
No work for which this application is being filed has started.
Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work commence? Within one year
17) If the proposed special use is granted,. who will operate and/or use the proposed improvement
for which this application has been filed?
Martin Marietta Materials. Inc.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledger a MANDATORY twenty-five
(25) days prior to the pubJic hearing date. The certified !'Proof of Publication" affidavit for the r:lewspaper
must be available for inspection the night of the hearing. '
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods
of notice are recommended:
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Page 2 of 11 - Special Use Application
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1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners.
(The white receipt' should be stamped by the Post Office at least twenty-five [25J days
prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners. (A receipt signed by the
adjoining and abutting property owner acknowledging the tWenty-five (25)-day notice
should be kept for verification that the notice was completed.)
REALIZE THAT THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETE AT LEAST TWENTY-FIVE (25) DAYS PRIOR
TO THE PUBLIC HEARING DATE.
Page 3 of 11 - Special Use Application
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The applicant l"inderstands that docket numbers will not be assigned until all supporting
information has been submitted to the Department of Community Services.
The applicant certifies by signing this application that he/she has been advised that all
representations of the Department of Community Development are advisory only and tt:'1at the applicant
should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney.
I, ,Auditor of Hamilton County, Indiana, certify that the
attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning
Docket No. '
OWNER
ADDRESS
See Appendix C for list of Adioinin9
and Adiacent Property Owners and for the
Adioining Property Owner Location Map
Auditor of Hamilton County, Indiana
Page 4 of 11 - Special Use Application
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AFFIDAVIT
I hereby swear that I am the owner/contract purchaser of property involved in this application and that
the foregoing signatures, statements, and answers herein contained and the information herewith
submitted are in all respects true and correct to the best of my knowledge and belief; I the undersigned
authorize the applicant to act on my behalf with regard to this application and subsequent hearings and
testimony.
Signed:
STATE OF INDIANA
SS:
County of
(Property Owner, Property Owner's Attorney, Date
or Property Owner's Power of Attorney)
(Please Print)
(County in which notarization-takes place)
for
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
foregoing instrument this
day of
(SEAL)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the
,20_.
Notary Public - Signature
(SEAL)
Notary Public - Please Print
My commission expires:
Page 5 of 11 - Special Use Application
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AFFIDAVIT
I hereby swear that I am the applicant/lessee of property involved in this application and that the
foregoing signatures, statements, and answers herein contained and the information herewith submitted
are in all respects true and correct to the best of my knowledge and belief.
Signed:
(Applicant/Lessee's Attorney)
Date
(Please Print)
STATE OF INDIANA
SS:
County of
Before me the undersigned, a Notary Public
(County in which notarization takes place)
for
County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the
(Applicant/Lessee)
foregoing instrument this
day of
,20_"
Notary Public - Signature
(SEAL)
(SEAL)
Notary Public - Please Print
My commission expires:
Page 6 of 11 - Special Use Application
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the
of ,20_. at 7:00 P.M. in the City Council Chambers, Second
Floor of City Hall, One Civic Square, Carmel, Indiana 46032 will hold a Public Hearing on a Special Use
application to
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally,
will be given an opportunity to be heard at the above-mentioned time and place.
PETITIONERS
See Appendix G for Draft of Notice of Public Hearing which contains the Legal Description of the
subject property.
Page 7 of 11 - Special Use Application
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEUCLAY BOARD OF ZONING APPEALS
I (WE) . DO HEREBY CERTIFY THAT A LEGAL
(Petitioner's Name)
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS
CONSIDERING DOCKET NUMBER WAS GIVEN AT LEAST TWENTY-FIVE (25)
DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED ADJOINING AND
ABUTTING PROPERTY OWNERS.
OWNER ADDRESS
STATE OF INDIANA
SS:
The undersigned swear that the above information is in all respects true and correct to the best
of my knowledge and belief.
County of
Signature of Petitioner
before me the undersigned, a Notary Public
(County in which notarization takes place)
County, State of Indiana, personally appeared
for
(Notary Public's county of residence)
and acknowledge the execution of the foregoing
(Property Owner, Attorney, or Power of Attorney)
'-
,20_.
instrument this
day of
Notary Public - Signature
(SEAL)
Notary Public - Please 'Print
My Commission Expires:
Page 8 of 11 - Special Use Application
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
\..-
1.
2.
3.
4.
5.
6.
DATED THIS
DAY OF
,20_.
Board Member
Page 9 of 11 - Special Use Application
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL,INDIANA
(...1 Docket No.:
Petitioner:
Martin Marietta Materials. Inc.
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Floodplain District, Ordinance Z-160, Section 21.6 as amended does apply and
all prerequisites have been met by Petitioner as verified by:
A portion of the subject property lies currently within a Special Flood Hazard Area (floodplain).
A section of Blue Woods Creek currently traverses across a portion of the Mueller South parcel in a
southwest to northeast direction. Martin Marietta proposes to relocate this portion of Blue Woods
Creek so that it flows along the western and northern portions of the subject property in order to
expand their mining operations. Approvals for this relocation of Blue Woods Creek have been
obtained from the Indiana Department of Environmental Management (IDEM), Department of the Army,
and the State oflndiana Department of Natural Resources. With the approval of the Blue Woods Creek
application, the current floodplain boundary of Blue Woods Creek would be modified. As shown in
the permit package for the Blue Woods Creek relocation, the 100-year flood elevation would be
c~ntained within the banks of the relocated Blue Woods Creek.
A letter of map revision will be obtained if determined to be applicable.
The information pertaining to the Blue Woods Creek relocation, including the approvals, is
contained in Appendix F. Appendix H contains the Flood Insurance Rate Map for the City of Carmel.
(...; 2.
The Special Use will be consistent with the Character and Permitted Land Use of the zoning district
and Carmel/Clay Comprehensive Plan because:
The subject property is designated as a low Intensity Regional and Community
Employment area on the land Use Plan. The General Policies regarding Regional and Community
Employment areas provide for "industrial uses" which includes mineral extraction. The low
Intensity Regional and Community Employment area Policies provide "low intensity commercial
developments should be buffered from residential communities through the existence of... open
space. "
In addition, the land Use Plan indicates a High Intensity residential community designation
directly to the west of the subject property, along the same Edge. The proposed mineral
extraction and artificial lake use will be a less obtrusive and lower intensity transitional use.
The artificial lake will result in an open area between the High Intensity residential
community to the west and the Regional and Community Employment area to the south.
3. The Special Use is physically suitable for the land in question because:
There are currentl,y existing mineral extraction operations on the adjacent property to the
south, on the adjacent property to the west, and. on property farther to the north (not adjacent).
In addition, the desired geology and market are present at the proposed Special Use area, making
surface limestone extraction a feasible and practical use of the subject property.
\..;
4.
The Special Use will not injuriously or adversely affect the adjacent land or property values because:
Page 1 0 of 11 - Special Use Application
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Surface and/or underground mining are already occurring to the south, west, and northeast of
the proposed Special Use area. The land to the east and north of the proposed Special Use area is
currently agricultural. The proposed surface limestone operation will be operated in a mannerthatwill
not be detrimental to the health, safety, and welfare of the community. In addition, residential and
commercial development of a high quality has occurred around applicant's other sand and gravel,
operations and adjacent to its existing open pit and underground mine. New houses being valued at
approximately $550,000 have recently been constructed south of 96th Street, fronting on an old sand
and gravel pit and looking directly at applicant's active open pit quarry, including its crushing and
screening equipment. The proposed surface limestone operation is a low intensity use of this land.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate
availability of water, sewage, or storm drainage facilities, or police or fire protection because:
This special use application does not seek to add any new access points or driveways to any
public streets or to alter the flow of vehicular or pedestrian traffic. Trucks transporting aggregate
and employees of the subject property will use the existing Martin Marietta North Indianapolis
Plant access drive from East 96th Street and Gray Road, respectively. 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. The operation will not require
domestic water or sewer facilities, and storm drainage will be accommodated at the subject
property orvia the existing drains. There will be no impact on police and fire protection because
there will be no additional roads, buildings, or residents on the subject property.
6. The Board has reviewed the requirements of Ordinance 2-160, Section 21.3 (1-26) as they relate to
this Special Use and does not find that those criteria prevent the granting of the Special Use:
~
The applicant, in anticipation ofthe Board's review of the requirements of Ordi nance Z-160,
Section 21.3 (1-26), provides detailed responses to Items (1) through (26) in Appendix D.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Special Use Docket Number
is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part thereof.
Adopted this
day of
,20 .
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
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Page 11 of 11 - Special Use Application
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