HomeMy WebLinkAboutMining & Reclamation Plan 04-15-02
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david .warshauer@BTLaw.com
Friday, April 12, 200210:28 AM
KHahn@ci.carmel.in.us; IIi1lig@ci.carmel.in.us; MHollibaugh@ci.carmel.in.us
Thomas.Engle@BTLaw.com ~--I'\1J
Revised mining and reclamation plan f-{\~1.J----'- -~
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Gentlemen and Kelli: '& Z(_'
From:
Sent:
To:
Cc:
Subject:
498707 _3. DOC
Based on yesterday's meeting, we have revised the
reclamation plan. Many of the changes are in the
understandable for the general reader, but we have addressed the
substantive issues raised by Spectra. I would appreciate if you could
provide Greg and Psalm with a copy. This is the version that will be
submitted with our board packets.
Thank you.
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MINING AND RECLAMATION PLAN
SAND AND GRAVEL EXTRACTION
BY
MARTIN MARIETTA MATERIALS, INe.
MUELLER PROPERTY
106th Street and Hazel Dell Parkway
Carmel, Indiana
1.0
INTRODUCTION
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Martin Marietta Materials, Inc. ("Martin Marietta") has filed three related petitions with the Cannel-
Clay Board of Zoning Appeals (the "BZA") for approval to conduct a sand and gravel extraction
operation, utilizing a dredge, on the so-called Mueller property south of Kings wood Subdivision and
north of 1 06th Street, and to move an existing aggregate processing plant presently located east of
Kingswood to a site on the east side of Hazel Dell Parkway. The specific requests to the BZA are for
approval of (i) sand and gravel extraction and the resulting lake as special uses permitted with BZA
approval in the S-l zoning district; (ii) a variance of development standards to permit a reduction in
required setback areas south of Kingswood and east of Cannel-Clay Park; and (iii) for a variance of
use to permit the processing plant to be relocated to Martin Marietta property east of Hazel Dell
Parkway.
The proposed sand and gravel operations are substantially similar to those that have been conducted
for a number of years on property east of Kingswood. The following report summarizes Martin
Marietta's mining and reclamation plans for sand and gravel extraction on the Mueller property north
of l06th Street.
2.0 MINING PLAN
2.1 Introduction
The general geographic location of the proposed sand and gravel extraction (the "Site") is between
Hazel Dell Parkway and Gray Road on the north side of l06th Street, in Cannel, Clay Township,
Hamilton County, Indiana. The Site is presently located outside the corporate boundaries of the City
of Cannel, Indiana, though it is expected to be brought within those boundaries pursuant to a pending
annexation case, Annexation C-214. The Site abuts Hazel. Dell Parkway and 106th Street.
Kingswood subdivision and an existing Martin Marietta processing plant and lake are adjacent to the
Site to the north. The Martin Marietta North Indianapolis quarry and related facilities are located
smith of 106th Street. Martin Marietta owns additional property east of Hazel Dell Parkway. A City
of Cannel well site and Cannel-Clay Park are located to the west of the Site.
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The Site has been used for agricultural purposes, with the exception of the small portion excavated
for sand and gravel extraction prior to May 2001. The sand and gravel extraction operation was
stopped pursuant to the request of the Kingswood Homeowners Association in May 2001. A portion
of the Site, at the comer of Gray Road and 106th Street is wooded. This portion will not be mined.
There are several areas of scrub fencerow vegetation. The majority of the Site is cultivated
agricultural fields.
The Site is located west of the White River. The Site is generally flat. Elevations in the Site range
from a low of approximately 742 feet above mean sea level ("amsl") to a high of approximately 750
feet amsl, with most elevations approximately 746 feet amsl. No perennial streams are located within
the Site. All drainage from mining shall be controlled by dikes, barriers, and drainage structures such
as retention basins, or settling ponds sufficient to prevent any chemicals, compounds, mixtures, silt,
debris, or loose materials from entering into or filling any existing drainage course or encroaching on
streets or adjacent property, or entering into any stream, pond, well, subterranean waterway or other
body of water on the Site. Martin Marietta will conform to any applicable legal requirements with
respect to drainage.
The excavation of the Site will result in the creation of a lake. Most of the water collected in the lake
will be direct precipitation and groundwater infiltration with only a minor contribution from surface
runoff The maximum elevation of the lake will be controlled by natural interaction with
groundwater. The sand and gravel extraction will not adversely impact groundwater levels.
2.2. Mining Method
Martin Marietta will develop a sand and gravel extraction operation on the Site, to cormnence in 2002
and continue for approximately 14 years, depending on market conditions. The sand and gravel
extraction will create a lake. Reclamation of the Site will involve creating lake banks and providing
vegetation surrounding the lake.
To reach the sand and gravel, Martin Marietta must remove approximately 5 feet of top soil and non-
aggregate material known as "overburden." Overburden will be removed using earthmoving
equipment, such as pans or front-end loaders. Martin Marietta will commit that overburden removal
shall be completed during daylight hours (between one half hour after sunrise and one half hour
before sunset), during the months of November through March (except as necessary to construct the
temporary visual and noise barrier described below), and only on days other than Saturday or Sunday.
Martin Marietta shall also cause any operations under its control, including overburden removal, to be
undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on
surrounding properties.
From the overburden removed during sand and gravel extraction, Martin Marietta shall construct a
permanent earthen landscape berm at least six (6) feet in height on the north side of 106th Street on
the Site (except the wooded portion of the Site located directly south of the existing park at the
northeast comer of Gray Road and 106th Street). To provide a visual and noise barrier between the
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sand and gravel operations and Kingswood, Martin Marietta will, prior to conducting any sand and
gravel extraction, use overburden to establish a temporary berm along the entire south side of
Kingswood. That berm will be located 50 feet south of the south line of Kings wood (and inside a 6
foot high chain link fence located north of the berm), and will be approximately 8 feet high. The
temporary berm will be constructed at a 3: 2 slope, and shall be graded and seeded. The temporary
berm will be removed when all sand and gravel extraction on the Site is completed, so that the
northerly portion of the Site can be reclaimed with graded banks leading into the lake, and so that the
lake is visible from Kingswood.
Removing overburden will expose the sand and gravel. Martin Marietta will use a floating dredge to
remove the sand and gravel. The dredge will start in the existing lake east of Kingswood, and
progress into the Mueller property. As it does so, the lake will expand. Booster pumps will help
convey the sand and gravel through a pipe to a processing plant not located on the Site.
A phased approach to mining and concurrent reclamation plan will be employed. Martin Marietta has
submitted a proposed mining map that shows the extraction will occur in several phases. Each phase
is anticipated to require 2 to 4 years of extraction, depending upon market conditions and the demand
for sand and gravel. Extraction will begin at the northeast portion of the Site and continue in the
northern portion of the Site moving east to west along Kingswood to the northwest comer of the
Site. Then, Martin Marietta will remove the sand and gravel from the southern portion of the Site,
again working in a east to west direction until complete.
There will be no aggregate processing or other mining- or manufacturing related activities, other than
sand and gravel extraction utilizing the dredge, on the Site. Because sand and gravel will be
conveyed by a pipe to a processing facility, traffic impacts will be minimal.
The sand and gravel extraction operation will require the use of petroleum products such as hydraulic
fluids, motor oil and fuels. The storage of these products shall meet all applicable guidelines and
regulations contained in applicable environmental laws. The use of the dredge will necessitate
refueling from a portable tank mounted on a truck. Refueling may occur on a daily basis and will
therefore require the truck to be parked on site. Martin Marietta will take precautions with respect to
groundwater protection by practicing safe handling procedures in accordance with all applicable local,
state and federal guidelines.
On-site sewage disposal facilities will consist of portable lavatories (i.e. port-a-johns and holding
tanks) .
Refuse generated on site such as paper debris, food stuffs, and any industrial waste generated by
maintenance activities will be placed in on-site dumpsters and periodically removed by a qualified
contractor to an approved landfill or waste disposal facility.
2.3 Buffers and Screening
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According to the Carm.el-Clay Zoning Ordinance, Martin Marietta is required to have a minimum 25
foot-wide landscaped bufferyard along the south line of Kings wood and the east line ofCarm.el-Clay
Park. Martin Marietta has proposed a buffer of 150 feet from Kingswood Subdivision and 100 feet
from Carm.el-Clay Park to the sand and gravel extraction. This area shall not be used for any other
use in conjunction with sand and gravel extraction, except removal of overburden in order to create
slopes to the lake to be created, landscape berms, storage of overburden for landscaping purposes or
the for the construction of visual barriers, and screening. As discussed above, Martin Marietta will,
before it begins sand and gravel extraction, construct an approximately 8-foot high betm 50 feet south
ofthe entire south line of Kings wood. There is an existing tree-line along these boundaries, and this
will be utilized as part of the required landscape buffer to the extent permitted by the Department of
Connnunity Services and its Urban Forester. Martin Marietta will prepare and carry out a landscape
plan approved by the Department of Connnunity Services and the Urban Forester within the 50 feet
south of Kingswood and the 25 feet east of Carm.el-Clay Park, in accordance with the perimeter
bufferyard requirements of the Zoning Ordinance.
As sand and gravel extraction progresses, Martin Marietta will construct a permanent berm at least 6
feet high along the north side of 106th Street.
2.4 Hours of Operation
All overburden removal on the Mueller Property north of 106th Street shall be completed during
daylight hours (between one half hour after sunrise and one half hour before sunset), during the
months of November through March, and only on days other than Saturday or Sunday. Sand and
gravel extraction will be conducted only between the hours of 6:00 AM and 10:00 PM, Monday
through Saturday, except in the case of unusual circumstances or in the event of special projects
requiring greater production, and then only after notice to the Department of Community Services. It
is important to note that a dredge has been operating under these conditions for many years on the
east side of Kingswood. A dredge generates minimal motor noise.
2.5 Pollution Control and Prevention of Environmental Damage
Among its commitments, Martin Marietta will be responsible for all environmental matters arising
from its operations, and will indemnify and hold harmless the adjacent homeowners in Kingswood
with respect to any losses, claims or costs arising from such environmental matters.
2.5.1 Air Impacts
Air quality at the Site will be affected to a limited extent by the generation of fugitive dust during
operations. Dust particles generated from internal transportation and removal of overburden will be
retained on the Site. The size of dust particles generated by these sources is large compared with
other sources and as a result, any dust generated will quickly settle to the ground and remain on the
Site.
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Martin Marietta shall obtain and maintain all permits required for its operations pursuant to state and
federal air pollution control laws and regulations. Martin Marietta shall also implement the following
controls to minimize the generation of dust on the Site and minimize potential impacts to air
resources:
1. The setback areas to be left surrounding the proposed extraction area will serve to
mitigate the potential for air impacts.
2. All interior roads and stockpile areas that will experience vehicle traffic shall be
sprayed with water on an as needed basis to minimize the generation of dust.
Records of water applications shall be retained for a period of at least three years at
the site, and made available to the Department for inspection and copying.
3. Overburden berms will be graded and seeded promptly following completion of the
berm to minimize wind erosion and help trap any fugitive dust within the Site
boundaries.
4. Overburden removal shall be limited to the area expected to be mined during two
operating seasons, except where Martin Marietta desires to construct earthen berms
around any portion of a Site.
5. Trees and other existing natural vegetation will be left in and around the Site
perimeter, where practical and additional landscaping will be installed at the locations
and in the manner required by the Zoning Ordinance.
6. Martin Marietta will obtain permits for equipment as required pursuant to appropriate
Indiana Department of Environmental Management regulations.
7. Martin Marietta will install a wheelwash east of Hazel Dell Parkway concurrent with
the relocation of the processing plant, office and scale.
2.5.2 Noise Impacts
1. The dredge generates minimum noise. There is no blasting associated with sand and
gravel extraction;
2. Noise from equipment is limited to meet the standards of the Mine Safety and Health
Administration;
3. Vegetative cover will be retained in all areas outside the plant and stockpile area that
are not being mined or prepared for mining;
4. Hours of operation will be limited as set forth in this plan;
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5. The Site will utilize an existing processing plant that will not be closer to any existing
residential area than currently; and
6. Berms on the property boundaries will act as barriers to mitigate off-site noise levels.
All plant employees and equipment operators will be instructed in the operation of equipment to
reduce noise. Below is a list of techniques that will be employed at the Site to reduce noise:
1. Employees will be instructed in the proper operation and maintenance of all
equipment;
2. Employees will be instructed not to "race" the engmes of any equipment
unnecessarily;
3. Employees will be instructed to report any operating irregularities in equipment that
may increase the level of noise generated by that equipment;
4. Vehicle speeds will be controlled to reduce engine noise during interior transport of
material and;
5. All plant equipment will be properly maintained and secured.
2.5.3 Erosion Impacts
Soil erosion will be controlled pursuant to an erosion control plan approved by the Indiana
Department of Environmental Management.
2.5.4 Visual Impacts
Mitigation measures include:
1. Reclamation of areas where mining has been completed to restore vegetation;
2. Construction of the temporary berm south of Kingswood and the permanent berm
north of 106th Street.
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3.0 RECLAMATION
3.1 Reclamation Methods and Schedule
Martin Marietta shall reclaim the Site (except the wooded portion of the Mueller Property north of
1 06th Street located directly south of the existing park at the northeast comer of Gray Road and 106th
Street) as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the
nearest property line in the Kingswood Subdivision and (iii) domestic grass coverage of not less than
eighty percent per square yard. Reclamation shall begin on the northern portion of the Site, closest to
Kingswood Subdivision, and move in a southerly direction. All reclamation shall comply generally
with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current
copy of which shall be provided to the Director annually.
3.2 Sequential Reclamation Plans
Reclamation will occur concurrent with mining, except with respect with the temporary berm along
Kingswood which will be removed when all mining is complete. Concurrent reclamation will minllnize
the exposed (unvegetated) land surface necessary for mining and thereby reduce dust, erosion and
visual impacts. Consistent with the Reclamation Principles, areas incidental to mining other portions
of the Site, such as haul roads and stockpile areas, will not be reclaimed until they are no longer used.
3.3 Final Reclamation Plans and Objectives
After sand and gravel extraction has ceased and pumping has stopped, the area of sand and gravel
extraction north of 106th Street is expected to fill with water creating a lake. The water elevation of
the lake will fluctuate, according to seasonal variation and other factors. The normal pool elevation
of the lake is expected to be at least 722 above mean sea level, depending upon seasonal variation and
operation of the City of Carmel's water wells. The lake will provide a temporary habitat for
migrating birds. The lake will also provide a visually pleasing amenity for the adjacent homeowners in
Kingswood. Upon completion of the sand and gravel extraction, Martin Marietta shall take no actions
to drain the lake created, or to reduce the water level below natural fluctuating levels.
The final land-use objective for the reclaimed Site is the lake described above. Portions of a strip of
land 150 feet wide adjoining Kingswood Subdivision will be offered for sale to adjoining property
owners in Kingswood. Those portions will be subdivided according to the Carmel-Clay Subdivision
Control Ordinance and will be subject to the covenants and restrictions covering lots in Kingswood.
3.4 Disposition of Buildings, etc.
Within two (2) years after the completion of reclamation of an area, Martin Marietta will remove and
dispose of all equipment, parts, machine, tools, and structures in that area not compatible with the
reclamation plan. Screening berms will be retained. Any unused overburden will be sold or removed
from the Site.
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4.0 MARTIN MARIETTA'S COMMITMENTS
In connection with its petitions for special use approval for sand and gravel extraction and for
variances of development standards for setbacks and use for the relocation of the processing plant,
Martin Marietta has proposed numerous written connmtments, in recordable fonn, enforceable by the
City of Carmel. Among other things, those connmtments impose restrictions on operations as
provided in this Plan.
INDSOl DRW 4987074v3
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