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HomeMy WebLinkAboutCommitments - Martin Marietta Kentucky k "'.. .. \ . ( ( ~ 1>S ~ ~}' ~~h t9~ L>OCJl ~ EXHIBIT A MARTIN MARIETTA COMMITMENTS AND POTENTIAL CONDITIONS OF APPRO (as of July 15, 1999) 1. The applicant will use a foam product, or industry standard best practice method, for dust abatement. 2. The applicant will "follow up" homeowner complaints (such as dust in cisterns) immediately. 3. The applicant will use a street cleaner to clean up dust and is agreeable to running the street cleaner beyond the church vicinity (in the interchange area .and across the underpass) if necessary ~nd permitted by KDOT. . 4. The applicant will pave the main access drive all the way to the office, scale, and wheel wash. 5. The applicant stated that dust from blasting will not leave the underground area of the quarry. 6. Trucks without tarps will not be loaded. 7. Conveyor design will be adequate to avoid spilling product onto the ground and. conveyor transfer points will be enclosed. The tops of conveyors will be hooded. Spilt product will be cleaned up every shift. 8. With the Church's permission. a permanent seismograph will be installed on the.. . church property. Any blasting damage will be repaired by the applicant. 9. Primary and secondary crushing will be conducted underground. Tertiary screening. and crushing will occur in sound insulated structures in the surface operations area. 10. On-site lighting will be blue mercury vapor fixtures. 11. Quarry equipment will use "discretionary" back up beepers and will use a back up strobe for night work. 12. The applicant will provide a means for disciplining truck operators. who violate tarp requirements or commit other acts of "bad behavior" such as speeding. The applicant will require truck operators to sign an agreement which assures that the operators will abide by all applicable requirements and regulations. 1 ( c 13. The applicant will pay far/canstruct impravements to. the eastbaund 1-275 an-ramp that are necessary as a result af the traffic impacts resulting from the mine aperatian. An acceptable design far such impravements was prepared by the applicant's traffic engineer and reviewed by the Zane Change Cammittee. 14. The applicant will came to. an agreement with the Hebron Fire Protectian District,and" any ather apprapriate and necessary emergency service agencies, regarding the provisian af emergency services. The applicant will pay far emergency service training far such agencies as it relates to. the mine aperatian. If emergency services are nat pravided by public agencies, then the applicant will provide such services themselves in accardance with federal and state requirements. 15. The applicant agrees to. the creatian af a mediatian/arbitratian panel to. hear neighbarhaad complaints, and praperty damage complaints. alleged to. be caused by the mine and its related aperatians in amaunts af up to. $10,000.00 (ten thausand dallars), plus an annual inflatian fa ctar. The panel will be campased af faur area residents and two. representatives af the applicant. The applicant will pay.far any experts necessary to. prafessianally advise the panel regarding. the merit af such: camplaints. The applicant will also. pay manetary claims af up to. $10,000.00 as determined by the. mediatian/arbitration panel if the applicant's actians were determined by. said panel to. have caused the praperty damage in questian. 16. The applicant agrees to. the fallawing hours af operatian:. Weekdays (Manday throug h Friday): Blasting will.accur anly between. the haurs af 6:00 AM and 6:00 PM. Other mining activities (wark wittJin the' quarry, materials/praduct pracessing and handling, laading, trucking, sales, etc.) may accur between 6:00 and 9:00 PM. Saturday: All mining activities must accur between 6:00AM and 4:00 PM. Sunday: No. mining activities permitted. Only internal activities. such as cleaning and maintenance may accur autside of the haurs specified abave (no. blasting, wark within the. quarry, materials/praduct pracessing ar handling, trucking, sales, etc., may accur autside of the haurs specified above). 17. Bufferingllandscaping will be canstructed in the first (initial) phase af canstructian. The applicant agrees to. the screening suggestions autlined in the staff repart - specific commitments regarding this issue are discussed in the July 7, 1999 letter from Geaff Harris regarding "Martin Marietta Materials, Inc. Staff Repart" (attached). 18. The applicant will canduct an an-site archaealagical survey and will deal with any 2 " c ( identified sites in advance in manners acceptable to the Kentucky Heritage Council. 19. The applicant commit to the same open space/recreation conditions for all three of the applications. The applicant will dedicate approximately 355 acres (as outlined on the map provide by the applicant) to the county for open space/park purposes and will provide seed money for park development of this area. Specific commitments regarding this issue are outlined in the July 7, 1999 from Geoff Harris regarding "Martin Marietta Materials/Zone Change Application" (attached). 20. The applicant will limit the use of the site to the mine itself and directly related functions only (asphalt production, concrete ready mix, etc., will not be conducted). 21. The applicant will provide a bus stop and park and ride facility along the main entrance drive into the development. 22. The historic Gaines House that is on the property will be dealt with in one of the following two manners: A. The house will be part of the open space dedication eutlined in condition #19; or B. If ownership of the house is retained by the applicant, any exterior alterations to the structure sha,lI be reviewed and appreved by the Planning Commission's staff for compliance with the Secretary of Interior's Standards for Rehabilitation . and Guidelines for Rehabilitating. Historic Buildings. . 23. "Deep wells" will not be used for on-site water unless ~n in-depth. hydrological repo~ which details the impacts of such wells is submitted to the Planning Comm'ission fO,r . review and approval as part of the Special Use Permit procedure. The hydrological . report shall be subject to review by any experts deemed necessary by the, Planning Commission. The applicant will replace any water source lost as a result of the mine or its related activities. 24. In conformance with Section 11100 .Performance Requirements, "Subsection. 6, the applicant will perform a 'pre-blast well.or cistern survey for any property within one (1) . mile of the proposed 1-4 zone boundaries. .. .) t. .. . : . . ~ co . . Martin 'Marietta Aggregates ( ~ Cincinnati District Office 4900 Parkway Drive Suite 145 Mason, OH 45040 ,Telephone: (513) 701.1130 Fax: (513) 701-1139 July 7, 1999 Mr. Kevin Costello, Executive Director Boone County Planning Commission 2995 Washington Street Burlington, Kentucky 41005 . Re: Martin Marietta Materials, IDe. Staff Report Dear Mr. Costello: This letter is written in response to landscape and buffering comments included in the May 26, 1999 Staff Report for the Martin Marietta Materials, Inc. zoning applications. Staffhas made' . specific recommendations as a means towards enhancing the visual screen between the proposed land uses and adjoining roadways and properties. In response to these recommendations, Martin Marietta proposes the following enhancements to the buffering and visual. screening depicted in the zoning applications. ' A. Portal Area A subStantial vegetative screen ~nsisting of a mixture of deciduous and evergreen trees and shrubs will be planned for along the western and southern edges of the portal area, and the' access drive to the portal area. Landscape material, sized per Boone Co. minimum standards, will be compatible with the surrounding vegetation and . anticipated growing conditions. The grading in this area will be reviewed to determine if the earth berm can. be extended 'along these edges, without further loss of existing vegetation or encroac~ent on Garrison Cree~ The gateway and fencing associated with the portal ~I be designed to maximize ~ning along the south edge. B. ButTer Along Access Drive A buffer consisting of "naturalistic" earth berms and a mixture of evergreen and deciduous plant materials will be provided between the proposed access road and Ganison Creek Road in the vicinity of the Bullitsburg Baptist Church as depicted within the zoning applications. It is the intent of the buffer design to preserve significant groups of vegetation in the "island" area created by the new road alignment and to supplement this with additional plantings and .. .. . . . c " ( benning. Visual clearance will need to be maintained at the intersections, limiting visual screening opportunities in these areas. C. Operations Area ButTering The existing vegetation and the topographical conditions between Garrison Creek Road and the operations area currently provide a significant visual screen. Landscape plant materials shall be utilized to supplement this visual screen where necessary7 particularly near the scale house and where substantial existing vegetation is absent. Landscape material, sized per Boone County minimum standards7 and compatible with the surrounding vegetation and anticipated growing conditions, will be utilized. The earth berm along southern edge of the operations area shall be increased to 15' height to further minimize noise impacts. . The above outlined improvements to the landscape and buffering plans for the Martin Marietta site will serve to further ameliorate any negative visual impacts the development may have. Please call me should you have any questions or concerns. ny' President c: Mr. Russ Wil1ar~ Martin Marietta Mr. Tun Dressm~ Deters7 Benzinger & Lavelle Mr. Mark Williams7 Skelly and Loy .. ..' ':'artin Marietta A~gregates ( ~ Cincinnati District Office 4900 Parkway Drive Suite 145 Mason, OH 45040 .Telephone: (513) 701-1130 Fax: (513) 701-1139 July 7, 1999 Mr. Kevin Costello AICP Boone County Planning commission 2995 Washington Street Burlington, KY 41105 Re: Martin Marietta Materials/Zone Change Application Dear Mr. Costello, This letter is written in response to the discussion at the July 1; 1999 Planning Commission committee meeting regarding the open space commitment of Martin Marietta Aggregates. As we indicated at that meeting, Martin Marietta proposes to dedicate a substantial portion of the 575 acres to the County for use as part of the Boone County parks and .open space system, in conjunction with the development of a portion of the site for underground lim,estone~g . purposes. Enclosed is a map that illustrates the boundaries of the area that we are offering to dedica.t~ for public use if zoning approval is granted for the mine. The total area that is proposed for dedication is approximately 355 acres (reference ~hed map). These boundaries..are subject to further discussion with the County, but for purposes of the zoning applications, you may consider this to be a commitment that can be incorporateci"into the public record for all three applications and that can ultimately be made a part of the conditio~ of approval. We Ill!ve included the proposed water impoundment area in the dedicated area but Martin Marietta-will maintain this area and will obviously.need to retain some rights to access and utilize th~ impounded water. Martin Marietta will. alsO need to retain~some flexibility to slightly.~terthe boundary of the dedicated area to accommodate any changes dictated by engineerirlg refinements which may occur as the mine is conStructed. . . We have begun discussions with the parks' staff to begin the process of determining the best use of this open space. As you are aware, the County is initiating a parks and open space planning process later this summer, out of which will come an understanding of the recreational and open space needs for this portion of the County. For this reason, we believe that it is premature to make a specific proposal for the use of this open space. We propose to let this planning process , i . :.'. ( ( ". .. evolve, participate where appropriate, and workjointly with the park staff to develop a plan for the property at the appropriate time. . There are obviously many options that are available for consideration. Active recreation uses are a possibility, although the park staff's preliminary reaction is that the property is better suited for more passive uses. The property is well suited for the development of a trail system with scenic overlooks of the Ohio River valley, possibly incorporating a natUrelhistoric interpretive theme that capitalizes on "the many environmental and historic resources on the site. There has l11so been discussions of creating.an outdoor educational center available to area schools. The possibilities are numerous; we will cooperate with the County to explore a use that best fits the needs of the coinmunity. Martin Marietta is also willing to provide additional assistance in the form of a seed money donation in the sum of$IOO,OOO.OO. Thank: you for-your consideration of this proposal. If you have any questions, please feel free to contact us. SUV1 a;:~ Ham President