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HomeMy WebLinkAboutAffidavit: Tiberi, John J .. -- ~_!, u u STATE OF INDIANA ) ) ) ) ) ) ) OF ZONING APPEALS CARMEL/CLAY ADVISORY BOARD COUNTY OF HAMILTON AND 05090004-SU DOCKETS NO. 05090003-SU \~ t;; \{tC0\\tU '::, '\ 7~~t \!\~~.. \)\)~S In Re: Application of Martin Marietta Materials, Inc. for Special Use Approval for Mueller Property South Surface Limestone Operation and Artificial Lake AFFIDAVIT OF JOHN J. TIBERI Personally appeared before the undersigned notary public, John J. Tiberi, who under oath, deposes and states as follows: 1. My name is John J. Tiberi. I am a Regional Vice President/General Manager of Martin Marietta Materials and ultimately responsible for operations at Martin Marietta's 96th Street Quarry. I am personally familiar with the operations at that site, the various special use applications that have been filed, and meetings and activities undertaken in support of those applications. 2. Over a year ago, I began a long series of meetings with various representatives of the Kingswood Homeowners Association to discuss issues of concern to them involving our 96th Street Quarry. In particular, as early as August 2004 I met with Bill McEvoy to discuss blasting issues, particularly in light of our then pending application to mine surface limestone on Mueller South. 3. Following that meeting, Mr. Weiss and I met with a committee or task force from Kingswood over an extended period of time to address all aspects of our operations at the 96th Street quarry, and at Carmel Sand and Gravel. These discussions were wide-ranging, including a request that Martin 'r . . \ Q Q Marietta hire an independent consultant to address blasting issues. 4. As a result ofthese discussions, Martin Marietta hired Doug Rudenko, of Vi bra- Tech, Inc., a nationally known expert on blasting and how to minimize the off-site impacts of blasting. After Mr. Rudenko had reviewed Martin Marietta's records and blasting practices, I arranged for him to give an educational seminar to the Kingswood Mining Task Force and Kingswood Homeowners Board on October 13,2005. That meeting lasted several hours and some ofthe Kingswood participants told me they thought it had been helpful. I was expressly told that Kingswood would hold an internal meeting after this educational seminar to discuss how to proceed further, and that I would hear back from KHA in seven to ten days. To this date, despite repeated inquiries of Bill McEvoy, I have had no response from any representative ofKHA. 5. One of the studies the neighborhood, as well as the Department of Community Services, asked for was an isoseismic study. As a result, I authorized Mr. Rudenko to perform such a study. One of the matters I was most interested in was where the .5 inches per second peak particle velocity contour would fall, because .5 inches per second PPV was the vibration limit that had been specified in the City's second mining ordinance, which had been struck down by the Circuit Court. Although that limit had been struck down, I wanted to be able to demonstrate to Kingswood and DOCS that if our pending application to mine surface limestone on Mueller South were approved, vibration impacts from it would still be below the City's own .5 inches per second PPV limit. The resulting isoseismic study demonstrates that fact. . ' . )' u u 6. I have heard it said on multiple occasions that Martin Marietta has increased the intensity of its blasting levels in recent years. It has not. To the contrary, we have continued to seek ways to reduce blasting levels and minimize blast vibrations. We have an ongoing working relationship with Mr. Rudenko at Vibra- Tech to review our blasting practices and give us recommendations as to how these can be improved, if at all. 7. Although our blasting practices are in compliance with all laws by a wide margin, I asked Vibra- Tech for a complete review of our practices and any recommendations to improve them. I have already implemented several oftheir recommendations and continue to consult with them on others. Further, I advised our attorneys to commit to blasting levels much lower than state law requires and to commit to Vibra-Tech's recommendations on language acceptable to Vibra-Tech. 8. Because ofthe many discussions we have had with Kingswood regarding blasting issues, as well as a number of discussions with DOCS as well, I directed our attorney to prepare a list of commitments that mirrors the blasting limitations in Carmel's Mining Ordinance, which is currently enjoined, to the extent reasonably possible. The commitments we have filed with respect to blasting in fact implement many of the Mining Ordinance provisions, but do so in a way that maximizes their value to the neighborhood, while at the same time being reasonable for Martin Marietta to implement and administer. " . J r" . , , , Q FURTHER Affiant sayeth not. Thi,)'7~YOf ~&A7 u ,2006. " Sworn to and subscribed before me this ~Th day of Feb-uA(l'l ,2005. ~d-d~~ Notary Public My Commission Expires: Od ,.9.I,.;lOIO , !