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Home My WebLink AboutCorrespondence ERO ON AND SEDIMENT CONTR L PLAN TECHNICAL REVIEW AND COMMENT PROJECT NAME: Mueller Property South-Surface Mining and Lake (Blue Woods Creek Relocation) SUBMITTED BY: Mr. Max Williams (email) Martin Marietta Materials Inc. Indiana District Office 1980 East 116th Street, Suite 200 Carmel, IN 46032 Skelly and Loy Inc. 2601 North Front Street Harrisburg, Pennsylvania 17110 REVIEWED BY: John B. South P.E. Certified Professional in Erosion and Sediment Control PLAN REVIEW PROCEDURE: Plan Review Date: 4/01104 Acreage: 97 LOCATION: NW. Comer of 106th and Hazel Dell Road LEGAL DESCRIPTION: Sec. 9 TOWNSHIP: 17 N RANGE: 4E CIVIL TOWNSHIP: Clay SOIL SURVEY MAP SHEET: 57 The technical review and comments are intended to evaluate the completeness of the erosion and sediment control plan for the project. The erosion and sediment control plan submitted was not reviewed for the adequacy of the engineering design. All practices included in the plan, as well as those recommended in the comments should be evaluated as to their feasibility by a qualified individual with structural practices designed by a qualified engine~r. The plan has not been reviewed for local, state, or federal permits that may be required to proceed with this project. Additional information, including design calculations may be requested to further evaluate the erosion and sediment control plan. The erosion and sediment control plan has been reviewed and it has been determined that the plan: Satisfies the minimum requirements and intent of 327IAC 15-5 (Rule 5). Notification will be forwarded to the Indiana Department of Environmental Management. X Does not satisfy the minimum requirements and intent of 3271AC 15-5 (Rule 5); deficiencies are noted in the checklist and in the comments section. Deficiencies constitute potential violations of the rule and must be adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted: Proper implementation of the erosion and sediment control plan and inspections of the construction site by the developer or a representative are necessary to minimize off-site sedimentation. The developer should be aware that unforeseen construction activities and weather conditions might affect the performance of a practice or the erosion and sediment control plan. The plan must be a flexible document, with provisions to modify or substitute practices as necessary. Revised 4 / 97 PR~JECT: Mueller Property Qth-Surface Mining and Lake 0 Page 2 of3 ARE THE FOLLOWING ITEMS ADEQUATELY ADDRESSED ON THE PLANS? (All Plans Must Include Appropriate Legends, Scales, and North Arrow) (Items that are Not Applicable to this Project are designated by NA) Yes No PROJECT INFORMATION x lA Project Location Map (Show project in relation to other areas of the county) X IB Narrative Describing the Nature and Purpose of the Project X lC Location of Planned and/or Existing Roads, Utilities, Structures, Highways, etc. X ID Lot and/or Building Locations X IE Landuse of Adjacent Areas (Show the Entire Upstream Watershed and Adjacent Areas Within 500 Feet of the Property Lines) Yes No TOPOGRAPHIC, DRAINAGE, AND GENERAL SITE FEATURES 2A Existing Vegetation (Identify and Delineate) X 2B Location and Name of All Wetlands, Lakes and Water Courses On and Adjacent to the Site X 2C 100 Year Floodplains, Floodway Fringes, and Floodways (Note if None) X 2D Soils Information (If hydric soils are present, it is the responsibility of the owner/developer to investigate the existence of wetlands and to obtain permits from the appropriate government agencies.) X 2E Existing and Planned Contours at an Interval Appropriate to Indicate Drainage Patterns X 2F Locations of Specific Points Where Stormwater Discharge Will Leave the Site X 2G Identify All Receiving Waters (If Discharge is to a Separate Municipal Storm Sewer, IdentifY the Name of the Municipal Operator and the Ultimate Receiving Water) X 2H Potential Areas Where Storm water May Enter Groundwater (Note if None) N/A 21 Location of Stormwater System (Include Culverts, Storm Sewers, Channels, and Swales) Yes No LAND DISTURBING ACTIVITIES X 3A Location and Approximate Dimensions of All Disturbed Areas [i.e., Construction Limits] (Areas Where Vegetative Cover Will Be Preserved Should be Clearly Designated) N/A 3B Soil Stockpiles and or Borrow Areas (Show Locations or Note if None) Yes No EROSION AND SEDIMENT CONTROL MEASURES X 4A Sequence of When Each Measure Will Be Implemented (Relative to Earth Disturbing Activities) X 4B Monitoring and Maintenance Guidelines for Each Measure X 4C Perimeter Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) X 4D Temporary Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) X 4E Temporary Erosion and Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) X 4F Permanent Erosion and Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) N/A 4G Storm Drain Inlet Protection (Location, Construction Detail, Dimensions, and Specifications) N/A 4H Stormwater Outlet Protection (Location, Construction Detail, Dimensions, and Specifications) N/A 41 Stable Construction Entrance (Location, Construction Detail, Dimensions, and Specifications) N/A 4J Erosion and Sediment Control on Individual Building Lots (Specifications) X 4K Permanent Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) Revised 4 / 97 . . '. ERQroN AND SEDIMENT CONTRQ PLAN TECHNICAL REVIEW COMMENTS PROJECT: Mueller Property South-Surface Mining and Lake Page 3 of 3 Note: All erosion and sediment control measures shown on the plans and referenced in this review must meet the design criteria, standards, and specifications outlined in the "Indiana Handbookfor Erosion Control in Developing Areas" from the Indiana Department of Natural Resources, Division of Soil Conservation or similar Guidance Documents. . On sheet 11 of the Blue Woods Creek Relocation Plans the Erosion Control Sequence and Erosion Control Statement are not appropriate for this site. . How will the new Blue Woods Creek channel be dewatered during construction and the growing period? . When the overburden is removed from this site for mining, the existing Blue Woods Creek will provide a drainage outlet to the proposed 24" draw down pipe. A sediment basin will need to be designed to accommodate the runoff from the disturbed area. A slotted riser could be temporarily attached to the 24" outlet pipe to create the outlet for the sediment basin. Please provide design calculations and specifications for the sediment basin. The proposed rock filter specifications state that this practice should not be used to replace a sediment basin. 1 believe a sediment basin is needed at this location. (I visualize that the removal of the overburden will be completed with pans/self loading scrapers and maintain a positive slope to the abandoned Blue Woods Creek until the excavation over a large area exceeds the depth ofthe creek. Your report states that the stripping of the over burden will immediately create a sump condition. This not how Martin Marietta has removed overburden on other projects.) . A construction specification is needed for dewatering situations. The discharge outlet needs to be protected and the water filtered if muddy. . All projects previously submitted must have an approved erosion control plan by 6/1/04. Those sites not having an approved plan will need to be resubmitted and meet the requirements of the revised Rule 5. Cc: Carmel DOCS Ha. Co. Surveyor File I" u u NATURAL RESOURCES PLAN REVIEW AND COMMENT Hamilton County Soil and Water Conservation District 1108 South 9th Street, Noblesville IN 46060 Ph- 317-773-1432 or Email at .iohn-south@iaswcd.or2 Project Name- Preliminary Blue Woods Creek Project Location- Sec. 9 T-l7N R-4E Acreage- 0.25 ac Owner/Developer- Mr. D. Max Williams Martin Marietta Aggregates 1980 E. 1 16th Street, suite 200 Carmel, IN 46032-4460 Engineer- same Plan Review Date: December 24, 2003 I have reviewed the plans for this project and have the following comments: . This project is in conformance with the larger overall plan. . There are some outstanding issues to address for the overall erosion control plan to be approved. I would suggest that these items be addressed so an approved plan will be on file. If the plans are not revised and approved I would speculate that a new plan will need to be submitted in accordance with the revisions made to Rule 5. Should you have questions concerning these comments, please contact me. Submitted By: John B. South P.E. Certified Professional in Erosion and Sediment Control Cc: Jon Dobosiewicz, Carmel DOCS Greg Hoyes, County Surveyor File :'. ERO ON AND SEDIMENT CONTR PLAN TECHNICAL REVIEW AND COMMENT Hamilton County Soil and Water Conservation District 1108 South 9th Street, Noblesville IN 46060 Ph- 317-773-1432 or Email at .ohn-south iaswcd.or SUBMITTED BY: Mueller Property South-Surface MiniJN and Lake (Blue Woods Creek Relocation) "A RECf\\!E\) _ ~, , o \; PROJECT NAME: Mr. Max Williams (email) Martin Marietta Materials Inc. Indiana District Office 1980 East I 16th Street, Suite 200 Carmel, IN 46032 DOCS REVIEWED BY: John B. South P.E. Certified Professional in Erosion and Sediment Control PLAN REVIEW PROCEDURE: Plan Review Date: 4-02-03 Acreage: 97 LOCATION: NW. Comer of 106th and Hazel Dell Road LEGAL DESCRIPTION: Sec. 9 TOWNSHIP: 17 N RANGE: 4E CNIL TOWNSHIP: Clay SOIL SURVEY MAP SHEET: 57 The technical review and comments are intended to evaluate the completeness of the erosion and sediment control plan for the project. The erosion and sediment control plan submitted was not reviewed for the adequacy of the engineering design. All practices included in the plan, as well as those recommended in the comments should be evaluated as to their feasibility by a qualified individual with structural practices designed by a qualified engineer. The plan has not been reviewed for local, state, or federal permits that may be required to proceed with this project. Additional information, including design calculations may be requested to further evaluate the erosion and sediment control plan. The erosion and sediment control plan has been reviewed and it has been determined that the plan: Satisfies the minimum requirements and intent of 3271AC 15-5 (Rule 5). Notification will be forwarded to the Indiana Department of Environmental Management. X Does not satisfy the minimum requirements and intent of 327IAC 15-5 (Rule 5); deficiencies are noted in the checklist and in the comments section. Deficiencies constitute potential violations of the rule and must be adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted: Proper implementation of the erosion and sediment control plan and inspections of the construction site by the developer or a representative are necessary to minimize off-site sedimentation. The developer should be aware that unforeseen construction activities and weather conditions might affect the peiformance of a practice or the erosion and sediment control plan. The plan must be a flexible document, with provisions to modifY or substitute practices as necessary. Revised 4 I 97 PROJECT: Mueller Property Qh-Surface Mining and Lake Page 2 of3 Yes No x lA x IB x lC x ID x IE Yes No x 2A x 2B x 2C x 2D x 2E x 2F x 2G x 2H N/A 21 Yes No x 3A N/A 3B Yes No x 4A x 4B x 4C x 4D x 4E x 4F N/A 4G N/A 4H N/A 41 N/A 4J x 4K u ARE THE FOLLOWING ITEMS ADEQUATELY ADDRESSED ON THE PLANS? (All Plans Must Include Appropriate Legends, Scales, and North Arrow) (Items that are Not Applicable to this Project are designated by NA) PROJECT INFORMATION Project Location Map (Show project in relation to other areas of the county) Narrative Describing the Nature and Purpose of the Project Location of Planned and/or Existing Roads, Utilities, Structures, Highways, etc. Lot and/or Building Locations Landuse of Adjacent Areas (Show the Entire Upstream Watershed and Adjacent Areas Within 500 Feet of the Property Lines) TOPOGRAPHIC, DRAINAGE, AND GENERAL SITE FEATURES Existing Vegetation (Identify and Delineate) Location and Name of All Wetlands, Lakes and Water Courses On and Adjacent to the Site 100 Year Floodplains, Floodway Fringes, and Floodways (Note if None) Soils Information (lfhydric soils are present, it is the responsibility of the owner/developer to investigate the existence of wetlands and to obtain permits from the appropriate government agencies.) Existing and Planned Contours at an Interval Appropriate to Indicate Drainage Patterns Locations of Specific Points Where Stormwater Discharge Will Leave the Site Identify All Receiving Waters (lfDischarge is to a Separate Municipal Storm Sewer, Identify the Name of the Municipal Operator and the Ultimate Receiving Water) Potential Areas Where Storm water May Enter Groundwater (Note if None) Location of Stormwater System (Include Culverts, Storm Sewers, Channels, and Swales) LAND DISTURBING ACTIVITIES Location and Approximate Dimensions of All Disturbed Areas [i.e., Construction Limits] (Areas Where Vegetative Cover Will Be Preserved Should be Clearly Designated) Soil Stockpiles and or Borrow Areas (Show Locations or Note if None) EROSION AND SEDIMENT CONTROL MEASURES Sequence of When Each Measure Will Be Implemented (Relative to Earth Disturbing Activities) Monitoring and Maintenance Guidelines for Each Measure Perimeter Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) Temporary Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) Temporary Erosion and Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) Permanent Erosion and Sediment Control Measures (Location, Construction Detail, Dimensions, andiSpecifications) Storm Drain Inlet Protection (Location, COfJstruction Detail, Dimensions, and Specifications) Stormwater Outlet Protection (Location, Construction Detail, Dimensions, and Specifications) Stable Construction Entrance (Location, Construction Detail, Dimensions, and Specifications) Erosion and Sediment Control on Individual Building Lots (Specifications) Permanent Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) Revised 4 / 97 ERQON AND SEDIMENT CONTRQpLAN TECHNICAL REVIEW COMMENTS PROJECT: Mueller Property South-Surface Mining and Lake Page 3 of 3 Note: All erosion and sediment control measures shown on the plans and referenced in this review must meet the design criteria, standards, and specifications outlined in the "Indiana Handbookfor Erosion Control in Developing Areas" from the Indiana Department of Natural Resources, Division of Soil Conservation or similar Guidance Documents. Please address 2A and @E. . 4A. Additional details are requested: o Recommend the mound along 106th and Hazel Dell be established immediately after construction starts to provide a sediment barrier. This mound needs to be seeded (temporary or permanent depending on the weather) upon completion. o Please provide a large plan set for the Blue Woods Creek Drain relocation. o The set back and other areas not mined should be seeded immediately after disturbance has been completed. Is work contemplated in the north-east comer of the site? . 4C. Items in 4A will address this concern. . 4D. Provide for a temporary seeding mixture. . 4E. The dormant cropland waiting for mining should have a temporary cover of vegetation- not weeds. . 4F. How will the lake slopes be stabilized? The fluctuating water level makes a vegetative slope difficult to establish and maintain. The cross-section on the landscape plan shows the future water line to be slightly above the elevation ofthe completed limestone face. A water level six feet above or just below the face would be safer. . 4K. I would recommend a buffer of domestic grasses between the landscaping and the warm season grasses. Label seeding on the mining plan, reclamation plan and the landscaping plan. All disturbed areas should have a minimum of6" of topsoil spread before permanent seeding. Additional Comments From the Blue Woods Creek Relocation Plans . On sheet 11 the Erosion Control Sequence and Erosion Control Statement are not appropriate for this site. . The note on sheet 11 concerning the clay liner needs to be more specific. The note calls for 30% topsoil and 70% clay. I think the designer means 70% parent material or site dirt. It would be very difficult to attain 70% clay material. A realistic soil specification is needed. . How will the new channel be dewatered during construction and the growing period? . When the overburden is removed from this site for mining, the existing Blue Woods Creek will provide a drainage outlet to the proposed 24" draw down pipe. A sediment basin will need to be designed to accommodate the runoff from the disturbed area. A slotted riser could be temporarily attached to the 24" outlet pipe to create the outlet for, the sediment basin. Please provide design calculations and specifications for the sediment basirt. Cc: Carmel DOCS Ha. Co. Surveyor File , . t o (.) ~ .!:!!!!i, Laurence M ~ John South Uohn-south@iaswcd.org] Wednesday, April 02, 20034:56 PM Max Williams Lillig, Laurence M Blue Woods Creek R~cation V);,~ '" ~ \'\ t{S~~ <,\.j (\ ,. '%'.... \) \~\~" r-..<0S ~. \;)'\) From: Sent: To: Cc: Subject: 4-03 Martin IIJarietta South.doc.. Hi Max, Sorry about the delay. Attached are several comments concerning the relocation of the Blue Woods Creek. Let me know if you have questions. John South *** *** eSafe has scanned this email for malicious content and found it to be clean *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 . 1 .. ICE~iLL fr'~ SM 1Ft LEGAL a BUSINESS ADVISORS March 12, 2003 WRrr!lR'S DIRECT NUMBER; (317) 236-2319 DIREcT FAX: (317) 5924788 INTERNET: weisS@icemiller.com VIA E-MAIL John R. Molitor, Esquire Molitor Grisham & Hester Suite 200 11711 North Meridian Street Carmel, Indiana 46032 Re: Martin Marietta Materials v. Carmel Board of Zoning Appeals Dear John: Wayne and I were pleased to speak with Gene and. you the other day. We are both relative newcomers to this case and, thus, are neither burdened nor enlightened by all of its history. On several occasions in recent meetings, there has been some discussion of what was apparently the pivotal issue in the May BZA hearing on the Mueller property, namely the disposition of property around the lake. It has become apparent to us from our discussions that Martin Marietta was, and perhaps still is, viewed as being rigid or intransigent on that issue. That caused us to review our January 27, 2003 letter from the Board's perspective, taking into account the history of this matter, and in that light, we became concerned that our letter might have left the impression that Martin Marietta still insists on some particular resolution of this issue. While the company favors a resolution consistent in principle with what was previously agreed to with the adjacent property owners, Martin Marietta is not inflexible regarding alternative solutions to the disposition of the property around the lake. Martin Marietta does believe that the disposition of that property is largely an issue to be resolved by the City and the different interest groups in Kingswood. There are several different alternatives which we believe would balance the legitimate interests of all groups and which we are willing to support. While Martin Marietta does not have the ability to commit to the ultimate disposition of the Mueller property, it will endeavor to work with the Mueller Conservatorship to this end. Our principal concern at this point is simply that the parties do not lose an opportunity to do something that will be in the overall good of the community in the long term. As I am sure you know, Martin Marietta had a close working relationship with the City on the Hazel Dell Parkway, including donating some parkland, and I believe everyone would agree that the end result was an excellent example of a partnership between the public and private sectors. We think we can resolve this situation in a way that will also be a win for everyone, especially given the relocation of the processing plant to a point east of Hazel Dell Parkway. We know there is some view that the plant location has been an idle threat previously, but it is important to understand that the only reason we still ij~ve that option available is that John Tiberi made a decision to shut down the sand and gravel operation for the past several months. It will be ~ One American Square \ Box 820011 Indianapolis, IN 46282-0002\ Phone: (317) 236-2100 I Fax: (317) 236-22191 www.icemiller.com lnrt;smgnnl1Q I rh1t'Ron I WRQhinntnn 1"){"\ ...,- .. >' March 12, 2003 Page 2 reopened in April and, at that point, if we do not have at least the near term prospect of being able to mine additional reserves on the west side of Hazel Dell Parkway, Martin Marietta will have no choice other than to commence mining reserves from the area east of Hazel Dell Parkway where the plant would otherwise be relocated, and the opportunity for that move will be forever lost. We want to emphasize that we do not make this as a threat in any way, and we would be happy to explain to the Board precisely why that opportunity will be lost if we do not at least have a near term prospect of mining west of Hazel Dell Parkway. It will cost Martin Marietta in excess of $2,000,000 to move the plant to the east side of Hazel Dell Parkway, but the company has made a commitment to do that in the interest of working with the community if we can promptly resolve this matter in an amicable fashion acceptable to all interested parties. We understand you will meet with the Board later today, and we are happy to answer any further questions if that would assist the Board. Very truly yours, ICE MILLER Zeff fl.. Wei5s Zeff A. Weiss ZA W/sd cc: Gene Lausch, Esq. (via e-mail) Mr. John J. Tiberi (via e-mail) Yvonne Bailey, Esq. (via e-mail) H. Wayne Phears, Esq. (via e-mail) INDY 1 133511v2 Martin Marietta Qggregates o Indiana District Office 1980 East 116th Stre Carmel, Indiana 460 Telephone (317) 57 Fax (317) 573-597 "l " February 24, 2003 Mr. Laurence M. Lillig, Jr., Planning & Zoning Administrator City of Carmel Department of Community Services Division of Planning & Zoning One Civic Square Carmel, Indiana 46032 Re: Blue Woods Creek Relocation and Riparian Planting Plans Dear Mr. Lillig: Enclosed is one (1) set of plans for the Blue Woods Creek relocation project. The plans include the creek design and the planting plan. Please review these plans at your earliest convenience and send me your comments. Call if you have questions. Sincerely, 'J). fr1 ~ ?J~ D. Max Williams Senior District Engineer Enclosures cc: John Tiberi Dan Hoskins Mark Williams - Martin Marietta Materials, Inc. - Martin Marietta Materials, Inc. - Skelly & Loy, Inc. ~ .. ;, " ~, ERO ON AND SEDIMENT CONT PLAN TECHNICAL REVIEW AND COMMENT Hamilton County Soil and Water Conservation District 1108 South 9th Street, Noblesville IN 46060 Ph- 317-773-1432 or Email at john-south@iaswcd.org PROJECT NAME: Mueller Property North-S SUBMITTED BY: lfin ~ Mr. Max Williams (e RECfNEO M~in M~e~ Materi IncfEB 24 2003 Indiana Dlstnct Office \C- DOCS 1980 East 116th Street, 200 Carmel, IN 46032 REVIEWED BY: John B. South P.E. Certified Professional in Erosion and Sediment Control PLAN REVIEW PROCEDURE: Plan Review Date: 2-18-03 Acreage: 106 LOCATION: NW. Comer of 106th and Hazel Dell Road LEGAL DESCRIPTION: Sec. 4 TOWNSHIP: 17 N RANGE: 4E CIVIL TOWNSHIP: Clay SOIL SURVEY MAP SHEET: 57 , The technical review and comments are intended to evaluate the completeness of the erosion and sediment control plan for the project. The erosion and sediment control plan submitted was not reviewedfor the adequacy of the engineering design. All practices in~luded in the plan, as well as those recommended in the comme'nts should be evaluated as to their feasibility by a qualified individual with structural practices designed by a qualified engineer. The plan has not been reviewedfor local, state, or federal permits that may be required to proceed with this project. Additional information, including design calculations may be requested to further evaluate the erosion and sediment control plan. The erosion and sediment control plan has been reviewed and it has been determined that the plan: Satisfies the minimum requirements and intent of 3271AC 15-5 (Rule 5). Notification will be forwarded to the Indiana Department of Environmental Management. X Does not satisfy the minimum requirements and intent of 3271AC 15-5 (Rule 5); deficiencies are noted in the checklist and in the comments section. Deficiencies constitute potential violations of the rule and must be adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted: Proper implementation of the erosion and sediment control plan and inspections of the construction site by the developer or a representative are necessary to minimize off-site sedimentation. The developer should be aware that unforeseen construction activities and weather conditions might affect the performance of a practice or the erosion and sediment control plan. The plan must be a flexible document, with provisions to modify or substitute practices as necessary. -. '" PROJECT: Mueller Property ~-Surface Mining and Lake u " Page 2 of3 Yes No x lA x 1B x lC x ID x IE Yes No x 2A x 2B x 2C x 2D x 2E x 2F x 2G x 2H N/A 21 Yes No x 3A N/A 3B Yes No x 4A x 4B x 4C x 4D x 4E x 4F N/A 4G N/A 4H N/A 41 N/A 4J x 4K ARE THE FOLLOWING ITEMS ADEQUATELY ADDRESSED ON THE PLANS? (All Plans Must Include Appropriate Legends, Scales, and North Arrow) (Items that are Not Applicable to this Project are designated by NA) PROJECT INFORMATION Project (.ocation Map (Show project in relation to other areas of the county) Narrative Describing the Nature and Purpose of the Project Location of-Planned and/or Existing Roads, Utilities, Structures, Highways, etc. Lot and/or Building Locations Landuse of Adjacent Areas (Show the Entire Upstream Watershed and Adjacent Areas Within 500 Feet of the Property Lines) TOPOGRAPHIC, DRAINAGE, AND GENERAL SITE FEATURES Existing Vegetation (IdentifY and Delineate) Location and Name of All Wetlands, Lakes and Water Courses On and Adjacent to the Site 100 Year Floodplains, Floodway Fringes, and Floodways (Note if None) Soils Information (Ifhydric soils are present, it is the responsibility of the owner/developer to investigate the existence of wetlands and to obtain permits from the appropriate government agencies.) Existing and Planned Contours at an Interval Appropriate to Indicate Drainage Patterns Locations of Specific Points Where Storm water Discharge Will Leave the Site Identify All Receiving Waters ( If Discharge is to a Separate Municipal Storm Sewer, IdentifY the Name of the Municipal Operator and the Ultimate Receiving Water) Potential Areas Where Storm water May Enter Groundwater (Note if None) Location of Stormwater System (Include Culverts, Storm Sewers, Channels, and Swales) LAND DISTURBING ACTIVITIES Location and Approximate Dimensions of All Disturbed Areas [i.e., Construction Limits] (Areas Where Vegetative Cover Will Be Preserved Should be Clearly Designated) Soil Stockpiles and or Borrow Areas (Show Locations or Note if None) EROSION AND SEDIMENT CONTROL MEASURES Sequence of When Each Measure Will Be Implemented (Relative to Earth Disturbing Activities) Monitoring and Maintenance Guidelines for Each Measure Perimeter Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) Temporary Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) Temporary Erosion and Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications) Permanent Erosion and Sediment Control ;Measures (Location, Construction Detail, Dimensions, and Specifications) Storm Drain Inlet Protection (Location, Construction Detail, Dimensions, and Specifications) Stormwater Outlet Protection (Location, Construction Detail, Dimensions, and Specifications) Stable Construction Entrance (Location, Construction Detail, Dimensions, and Specifications) Erosion and Sediment Control on Individual Building Lots (Specifications) Permanent Seeding (Specifications; Including Seed Mix, Fertilizer, Lime, and Mulch Rates) Revised 4 / 97 . - ". : ER~ON AND SEDIMENT CONTRQ PLAN TECHNICAL REVIEW COMMENTS 't ". PROJECT: Mueller Property North-Surface Mining and Lake Page 3 of 3 I Note: All erosion and sediment control measures shown on the plans and referenced in this review must meet the design criteria, standards, and specifications outlined in the "Indiana Handbookfor Erosion Control in Developing Areas" from the Indiana Department of Natural Resources, Division of Soil Conservation or similar Guidance Documents. Please address 2A and @E. 4A. Additional details are requested: Recommend the mound along 106th be established immediately after construction starts to provide a sediment barrier. This mound needs to be seeded (temporary or permanent depending on the weather) upon completion. When will the 300 feet buffer be seeded? The remaining mounds need to be temporary or permanently seeded immediately after construction. Where or how will the soil from the terrlporary berms be disposed? 4C. Items in 4A will address this concern. 4D. Provide for a temporary seeding mixture. 4E. The dormant cropland waiting for mining should have a temporary cover of vegetation- not weeds. 4F. How will the lake slopes be stabilized? The fluctuating water level makes a vegetative slope difficult to establish and maintain. 4K. The narrative discusses domestic grass cover and the plans show warm season grasses. I would recommend a buffer of domestic grasses between the landscaping and the warm season grasses. Label seeding on the mining plan, reclamation plan and the landscaping plan. All disturbed areas should have a minimum of 6" of topsoil spread before permanent seeding. Cc: Carmel DOCS Ha. Co. Surveyor File City of Carmel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 Voice (317) 571-2600 Fax (317) 571-2615 Fire Prevention Bureau John Tiberi Vice PresidenUgeneral Manager Martin Marietta Materials 1980 East -116th Street, Suite 200 Carmel, IN 46032 RE: Special Use Petitions for Muller Properties ~outh LETTER OF APPROVAL The undersigned has reviewed the proposed plans for Special Use Petitions for Muller Properties South and has approved the plans subject to the following: 1. Our office is requesting a copy of the preliminary Spill Prevention, Control and Countermeasures for review. -_. n__ .'.---- ..--, - - --. --....... . . 2. 3. 4. 5. 6. Please respond to the above noted condition(s) in writing and submit to our office prior to the scheduled Technical Advisory Meeting for this project. Date: Februarv13. 2003 By: Gary Hoyt, Fire Marshal Carmel Fire Department , ONE CNlC SQUARE · CARMEL, INDIANA 46032 (317) 571-2443 · FAX (317) 571-2462 February 11,2003 Mr. John Tiberi Vice President/General Manager Martin Marietta Materials, Inc. 1980 East 116th Street, Suite 200 Carmel, IN 46032 REi 1 fEIJ CAVED 18 21J/J DOCS dJ RE: Special Use Petitions for Martin Marietta South Via fax (317 - 573 - 5975) & U.S. Mail The following comments and questions are in response to the Special Petitions filed by Martin Marietta for the Mueller Property located southwest of the intersection of 106th and Hazel Dell Parkway for the Surface Limestone Operation and Artificial Lake; Underground Limestone Operation; and Sand and Gravel Operation. 1) The applications do not include a hydraulic assessment of the current and future ground water conditions in the a,rea. In order for Carmel Utilities to fully understand and asses the impact~ to existing and future public drinking water wells, we request that a ground water hydraulic analysis be completed that encompasses Cool Creek to the ~orth, the- White River to the east, 96th Street to the south, and Lakeshore Drive to the west. The study should take into account the potential impact the existing!three wells owned by the Utility within the Carmelot Park area. In addition, [please be advised that the Utility has future plans to install additional wells on the :thirty-acre parcel owned by the Utility located east of Hazel Dell Parkway, in the area of Blue Woods Creek. The study we are requesting needs to specifically include the impact to these future well sites. I 2) It is clear that all three of these applications will involve the need to remove water from the area and discharge it either to other areas of the Martin Marietta operation, or to openly discharg~ to the White River or Blue Woods Creek. How will this be accomplished? Will there be open discharges? If so, what are the discharge points and the estimated amount of water to be removed on a daily basis? How long will dewatering: occur? The answers to these questions need to be incorporated into the mining plan for all three applications. It would also be helpful to have a map of how wa~er is moved throughout the current and future proposed operation. The map should include pipe location and size, dewatering pumps, flow diagrams and points of discharge. ~ '. ., , , /l u Q 3) In the Findings of Fact page 11 of 11, paragraph 4; the findings offact compare the proposedrnining operations to the sand and gravel operations to the west and northeast of the South MuellerlProperty. This does not seem to be an accurate comparison. To our knowledge the mining operations northeast and west of the proposed Special Use area are !'wet" mining operations and do not h~ve a significant impact on the groundwater in the area. In contrast, it appears that the Special Use area will require the aquifer to be dewatered to create a "dry" . operation. The Sand and Gravel and Surface Limestone Operation on Mueller South proposes a method of mfuing that is clearly different that what has been proposed for sand and grave on the Mueller North property and what has previously occurred to the northeast and west in former sand and gravel operations. Again, there needs to be more information provided as to how this "dry operation" will be achieved in terms of dealing with the groundwater that will be encountered. 4) When will the artificial lake in the Surface Limestone and Artificial Lake application for the South Property be filled with water? The application states that the mining operations will continue for 25 years but will the lake be filled at the end of 25 years? 5) The tunnels for the Underground Limestone Operation for the South Property are proposed to be constructed at multiple levels beginning at approximately 160 ft. in depth. The Surface Limeston~ Operation and Artificial Lake application for the South Property proposes to rempve the limestone to a depth of approximately 210 ft. We assume the tunnels will gradually drop below the surface mining operations. Is this assumption tl11e and will the water in the artificial lake interfere with the tunnel operations or will the lak~ need to be dewatered? 6) There is an existing sanitary seJer line running east and west on 106th Street. It is An 18" Concrete pipe with a f10~ of approximately 1 mgd. Will any of the current applications affect this pipe adversely? I 7) Please identify where all fuel tartks will be stored. and where vehicles and equipment will be filled with fuJl. Your attention and responses to our comments are appreciated. Please feel free to call with any questions. r;~L a:;;;:l1 Utility Director Cc: Mike Hollibaugh, DOCS Greg Sovas, Spectra Environmental y. .,~-:C .j I ..,. ...:~_ - - c;.}"/ o o Page 1 of2 Lillig, Laurence M, , " .. .,. "m, ......., / (~Iri1~ From: Gregory H. Sovas [gsovas@spectraenv.~y ! ~~ Sent: Friday, February 07, 200310:02 AM ii~/ RECFIVED ~ To: Lillig, Laurence M f-~= FEB 7 2003 } _ Cc: jduffy@cLcarmel.in.us \'_~. DOCS ~ Subject: RE: Review of South Mueller Sand and Grayel Operation f;'- ',/,-;,-., ,.(@ '.~7'/>_. . , It wasn't submitted with the five applications, b~t{J~t6It~~~rlier April Mueller sand and gravel special use application. John Duffy said that he would find the copy. If you have trouble, give me a call and I'll overnight it. Gregory H. Sovas, P.E. Vice President of Governmental Affairs Spectra Environmental Group, Inc. 19 British American Blvd. Latham, NY 12110 voice: (518) 782-0882 fax: (518) 782-0973 gsovas@soectraenv.com www.spectraenv.com -----Original Message----- From: Lillig, Laurence M [mailto:LLillig@ci.carmel.in.us] Sent: Friday, February 07,20039:59 AM To: Gregory H. Savas; Duffy, John M Cc: Hollibaugh, Mike P; Lillig, Laurence M; Psalm A. Wyckoff Subject: RE: Review of South Mueller Sand and Gravel Operation Greg, I don't think DOCS has a copy of the report, either. Unless it was included in one of the five original packets or with the supplemental maps, we have not seen it. Laurence -----Original Message----- From: Gregory H. Sovas [mailto:gsovas@spectraenv.com] Sent: Friday, February 07,20039:49 AM To: Duffy, John M Cc: Hollibaugh, Mike P; Lillig, Laurence M; Psalm A. Wyckoff Subject: RE: Review of South Mueller Sand and Gravel Operation It was submitted in draft for Mueller property, ostensibly to identify the water level for the lake. Psalm had reservations about the study. We were taken to understand that MM was doing a complete hydrogeolic study of the area, and this was just a first draft. It was done by Scheider. We have a copy here so you must have one as well. If not, we can overnight what we have. Let me know. Gregory H. Sovas, P.E. Vice President of Governmental Affairs 2/712003 \. I ". ,,-.; ,y' .. -; 2/7/2003 Q Page 2 of2 c.) Spectra Environmental Group, Inc. 19 British American Blvd. Latham, NY 12110 voice: (518) 782-0882 fax: (518) 782-0973 gsovas@spectraenv.com www.spectraenv.com -----Original Message----- From: Duffy, John M [mailto:JDuffy@ci.carmel.in.us] Sent: Friday, February 07,20039:26 AM To: Gregory H. Sovas Cc: Hollibaugh, Mike P; Lillig, Laurence M Subject: RE: Review of South Mueller Sand and Gravel Operation Greg: Thanks for your comments - they are certainly helpful. There was reference made to a "Groundwater Interference Investigation" draft report. Is this something that Martin Marieta has submitted? I did not see it in their applications, and was wondering where I could get a copy. Thanks J Duffy -----Original Message----- From: Gregory H. Sovas [mailto:gsovas@spectraenv.com] Sent: Thursday, February 06, 2003 4:45 PM To: mhollibaugh@ci.carmel.in.us; Lillig, Laurence M; jduffy@ci.carmel.in.us Cc: Psalm A. Wyckoff Subject: Review of South Mueller Sand and Gravel Operation Here are our comments on the application. There are serious questions about groundwater concerns and how they are going to handle water in general. I expect that John Duffy will complement our concerns with regard to the City's water supplies, etc. Call if you have questions. Gregory H. Sovas, P.E. Vice President of Governmental Affairs Spectra Environmental Group, Inc. 19 British American Blvd. Latham, NY 12110 voice: (518) 782-0882 fax: (518) 782-0973 gsovas@spectraenv.com www.spectraenv.com *** eSafe has scanned this email for malicious content and fou IMPORTANT: Do not open attachments from unrecognized sende *** .c. o ,(\S30.rr~ U ~J)" ! ,.(::~\ Lillig, Laurence M . . fI RECFIVED ~ From: Gregory H. Sovas [gsovas@spectraenv.I1] ffB T 2D03/lIL e: DOCS 'i~ Sent: Thursday, February 06, 20034:45 PM 0\ To: mhollibaugh@cLcarmel.in.us; Lillig, Laurenc~:'jdUffy@CLcarQ1' .in.us Cc: Psalm A. Wyckoff "<J!:trIs\"\ Subject: Review of South Mueller Sand and Gravel Operation Page 1 of 1 ~ '" Here are our comments on the application. There are serious questions about groundwater concerns and how they are going to handle water in general. I expect that John Duffy will complement our concerns with regard to the City's water supplies, etc. Call if you have questions. Gregory H. Sovas, P.E. Vice President of Governmental Affairs Spectra Environmental Group, Inc. 19 British American Blvd. Latham, NY 12110 voice: (518) 782-0882 fax: (518) 782-0973 gsovas@spectraenv.com www.spectraenv.com *** eSafe has scanned this email for malicious content and found it to be clean *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 2/6/2003 -- I - u u -. Spectra Environmental Group, Inc. Mueller South - Sand and Gravel Operation . Comments on Martin Marietta Application February 6,2003 1. Maps a. Revise to include existing grade contours on Mine Map without reclamation, indicate haulageways, direction of mining b. Remove "Conceptual" from Title block for both Mine Map and Reclamation Plan Map 2. Noise Assessment a. Conduct a study to establish the noise impacts on neighbors, as the excavation of sand and gravel by mobile vehicle will be louder than the by dredge. This is contrary to the statement that mobile equipment will be on the subject property only infrequently. b. Reference applicable noise standards As stated, after removal of Overburden, 26 ft of sand and gravel will be removed utilizing loaders, backhoes, and trucks. Removal of overburden will be done in the daylight hours. Mechanical removal with sand and gravel will be just a noisy as removal of overburden, as was not the case with the Mueller North operation proposed to be operated by dredge. Hours of operation should be limited to daylight hours or less. Daylight hours for the stripping of overburden may be acceptable for the removal of overburden, as that is expected to be of a short duration. However, removal of sand and gravel by mobile equipment will occur for a much longer time. Recommendations: No mining on Saturday or Sunday; hours of operation no greater than 7 am to 7 pm. 3. Air a. Include a statement to provide for the watering of haul roads to limit dust when necessary 4. Hydrologic Assessment a. Report current groundwater elevation (map with contours preferred) b. Report anticipated groundwater or lake level in excavation area The Cross sections show the floor of the sand and gravel pit at 720ft ams!. The anticipated pond level at the Mueller North property was 724 ft ams!. The "Groundwater Interference Investigation" draft report contains an Existing Conditions Map that shows groundwater contours on the Mueller South parcel at elevations from 728 ft to 724 ft. The Report also states that there will be leakage (i.e. recharge to the groundwater) from the relocated - I w u '. Creek causing a groundwater mound. The elevation of the White River adjacent to the parcel is 724 amsl, according to the "South Mueller ESC Proposed Reclamation Map" submitted by MM last year. Groundwater adjacent to the river will be at higher elevations. The data suggest that a pit floor at 720 ft amsl will be saturated. Review of the sand and gravel pit mining operation, in which the diversion and relocation of Blue Wood Creek is proposed, raises several potential issues. First, the to-be-constructed channel, into which Blue Wood Creek is to be diverted, appears to be unlined. According to reclamation cross-section A- A', the unlined channel has a bottom elevation of approximately 732 feet above mean sea level (amsl). The proximity ofthis new channel to the proposed sand and gravel pit, with a bottom reclamation elevation of approximately 720 feet amsl, indicates that there is a potential for a minimum head loss from the channel to the pit of at least 12 feet. Given typical hydraulic conductivity values for sand and gravel, and the fact, according to Darcy's Law, it is difficult to maintain large differences in hydraulic head in material with high permeability, there is potential for significant leakage from the channel to the sand and gravel pit. Secondly, with the assumption that groundwater in the vicinity ofthe pit will be equal to or higher than the elevation of water in the White River, which is approximately 725 -728 feet amsl, it appears that the reclamation floor elevation of the pit (approximately 720 feet amsl) will be saturated or under water during high groundwater stands in the spring and late fall. Thirdly, reclamation cross-section A-A' makes no attempt to show that disposition of the water table across the site at buildout. And lastly, the Reclamation Plan map shows the floor of the pit being dry at full buildout, while water bodies have water surface elevations ranging for eight to 15 feet higher. Recommendation: Because of the segmented nature ofthese applications, Martin Marietta needs to complete a hydrologic assessment of the entire area including the lake at North Mueller, and most importantly, the current and future impacts to the City's water supply wells and its long-term plans to provide water to City residents. Recommendation: Martin Marietta should provide larger maps and details of the relocation of Blue Wood Creek. They should also provide a copy of the annual report ofthe relocation of the Creek that they are required to produce for the Indiana Department of Environmental Management. 5. Reclamation and Landscaping plan a. Address disposition of topsoil (i.e. minimum thickness) b. Present a planting and seeding plant ;J~ "'- I u u The grading and landscaping plan obviously anticipates approval of the subsequent mining permits for open pit mining of rock. Because this application is to be reviewed without regard to any future mining at the site, MM needs to provide a reclamation plan for this parcel. The existing plan does not indicate any plantings on the floor ofthe mine, and all the reviews indicate that the bottom of the mine will be saturated or under water. Either MM needs to submit a new reclamation plan or they need to change their mine plan to stay above the groundwater. In any event, they will still need to do a hydrologic assessment to better define their current and future plans. G:\2001 \0 1 233\Misc\Mueller South SandG review.doc u u City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317-571-2417 Fax: 317-571-2426 FACSIMILE TELECOPY COVER LETTER DATE: September 19, 2002 TO: David Ezell FAX: 257-9412 FROM: Connie Tingley Attached hereto are 2 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. NOTES: Attached is the Request for Records form. The BZA meeting you are referring to is May 28,2002.1 will need 4 blank 90-minute audio cassettes to copy. Please be sure to include your phone number on the Request for Records form. Please call if you have any questions. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for retum of the forwarded documents to us. u u '\ City of Carmel DEPARTMENT OF LAW Douglas C. Haney, City Attorney September 30, 2002 #> p:.).. fa,.. '_\\ 1'[1"\ p'[f',- \,1 !-II \\',...,."" ' ~O , DOCS VIA FACSIMILE TRANSMISSION TO 317- 846-9420 D. David Ezell 6655 Allisonville Road Indianapolis, Indiana 46220 RE: Your Facsimile Document Request Dated September 20, 2002 Dear Mr. Ezell: This letter serves at the City's response to your referenced request. Solely for the purpose of preserving the record, your request is denied to the extent it does not identify with reasonable particularity the documents you seek or asks for documents otherwise exempt under IC 5-14-3-4. Subject to and without waiving the above: Request: "Transcripts (audio) of the BZA hearing held on May 28, 2002. I will provide four 90 minute cassette tapes for copying." Response: Assuming that your request pertains to the transcription of a public meeting and not to an executive session, your request is granted. You may provide your blank audio tapes directly to the Department of Community Services and arrange for the pick-up of same directly with that Department. Very truly yours, Douglas C. Haney Carmel City Attorney DCH/eb Cc: Anne O'Connor, Public Access Counselor, via facsimile transmission to (317) 233-3091 (;!). ,,' I Hollibaugh, Director - Department of Community Services QT ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2472 .....~ OF C~'<;>A. . 0"'~:'7~ . .Uhu .'~.n<' ... (" ." w ~ '. * 9 ~ . .. ~~~.. "'1?,'-.---~~ .."(rON CO... u u . , City of Carmel DEPARTMENT OF LAW Douglas C. HaneYt,:City Attorney JUne 24, 2002 .>. ..', "' , /'\ l ---/ I. - I ~- \ C-. = ::::0 :z r.t c::J 0 o ~~~ c-> ~< (/) 1''':> rn go r--.;:; John Schuler 5040 Mallard View Drive Indianapolis, Indiana 46226 ", I '-., RE: Your Recent Document Request Dear Mr. Schuler: This letter serves at the City's response to your referenced request. Solely for the purpose of preserving the record, your request is denied to the extent it does not identify with reasonable particularity the documents you seek, asks for documents which constitute attorney work product, advisory or deliberative material, or asks for documents otherwise exempt under IC 5-14-3-4. Subject to and without waiving the above, please see below: :-~ Request: "May 28, June 6, April~2nd BZA meetings; (10) - 90 min cassette tapes provided" Response: Copies of the documents you request are being made on the blank tapes you have provided. Please call Ms. Tingley at (317) 571-2419 to ascertain when they will be ready for pick-up. Very truly yours, Douglas C. Haney Carmel City Attorne DCH/eb Cc: Anne O'Connor, Public Access Counselor, via facsimile transmission to (317) 233-3091 Connie Tingley, DOCS ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2472 MAY 29 2002 18:37 FR BYRIDER SALES ACCOUNT7 249 3220 TO 95712426 P.01/01 David & Robin Dean 6049 Klngswood Drive Carmel, IN 48033-5920 davidd@jdbyrlder.com (317) 706-0607 (H) (317) 249-3202~) May 28,2002 " ~~/~::'\. .t :,,-\ (/ RECE\\JED \:::\ i:~;:j M~~ au 2002 n~l ~\-~.\ DOCS if! .'r~ /A'ffI '\(').,. .' . ',M ~~ SENT VIA TELECOPY 571-2426 Board of Zoning Appeals One Civic Square Carmel, IN 46032 Re: Martin Marietta Materials, Inc. 's Pending Applications Dear Board Members: Please open tonight's hearing to public discussion. Thank you. Sincerely, ** TOTAL PAGE.01 ** i f () () ~.~ '0 1!!!!P, Laurence M From: Sent: To: Subject: david.warshauer@BTLaw.com Tuesday, May 28, 2002 2:53 PM KHahn@ci.carmel.in.us; LLillig@ci.carmel.in.u Revised commitment .-.----,--1 -~ ~--J}lijll> Y ~"'<. />> "7 ~ '<<~J,?\ ~ ':;~-\ RfCf/l/~ \0\ lIAr 2. vt'1J Ib'!' . "1'1 '9 2D02 L uJCS /!::'1 e clarified ore south ~ It Pursuant to a neighboring property owner'~ that Martin Marietta's commitments regarding obtaining a V conducting any other mining on Mueller apply to both the nor sides of l06th Street. 500732_5.doc CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. 1 ~ , o o Cross Reference: No. Deed dated , _ and recorded on in the Office of the Recorder of Hamilton County, Indiana. , _ as Instrument COMMITMENT FOR USE OF REAL ESTATE INCIDENT TO SPECIAL USE AND VARIANCE The undersigned, Martin Marietta Materials, Inc. ("Martin Marietta") hereby makes the following commitment to the Carmel Clay Board of Zoning Appeals ("Commitment") incident to the grant of a Special Use and Variance from Development Standards for the Undersigned's proposed operations (the "Operations") to be located on real estate located in Hamilton County, Indiana and described on the attached Exhibit A which is incorporated herein, which real estate is referred to as the "Mueller Property." 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) All overburden removal on the Mueller Property north of l06th 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. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) From the overburden removed during sand and gravel extraction, Martin Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of l06th Street on the Mueller Property (except the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and l06th Street). (c) No surface operations will be undertaken on the wooded portion of the Mueller Property north of l06th Street located directly south of the existing park at the northwest comer of Gray Road and l06th Street. (d) All trucks entering public streets from operations conducted by Martin Marietta in Clay Township north of 96th Street shall have covered beds. (e) Martin Marietta shall be responsible for all environmental matters ansmg from its operations and shall indemnify and hold harmless the adjacent landowners in the Kingswood Subdivision with respect to any losses, claims or costs arising therefrom. (f) Sand and gravel shall be extracted only through the use of a floating dredge. Such extraction will be done in the sequence depicted in the Mining and Reclamation Plan submitted by Martin Marietta in connection with its Special Use application. Sand and gravel extraction will be conducted only between one half hour after sunrise and one half hour before sunset, Monday through Saturday, except in o o the case of unusual circumstances or in the event of special projects requiring greater production, and then only after notice to the Carmel Department of Community Services. (g) Martin Marietta will provide reclamation bond payable to the Kingswood Homeowners Association in the amount of $250,000 to assure reclamation as provided in the Mined Land Use and Reclamation Plan filed with Martin Marietta's applications for special use and variance approval (SU-24- 02; SU-25-02; V-26-02; V-27-02). This bond will be kept in full force until Martin Marietta completes the reclamation of the Mueller property south of Kingswood and North of 106th Street in accordance with such Plan. 2. Processing Plant. If Martin Marietta is permitted to commence sand and gravel extraction on the Mueller property by June 1, 2002 and is not precluded from continuing such extraction, Martin Marietta shall, subject to approval by the Carmel Clay Board of Zoning Appeals and the Indiana Department of Natural Resources, move the processing plant located north of 106th Street west of Hazel Dell Parkway and adjacent to the Kingswood Subdivision to a new location just east of Hazel Dell Parkway and north of 106th Street. Such new location will be further from any home in the Kingswood Subdivision than at present. Subject to obtaining the required governmental approvals, Martin Marietta will start the plant relocation no later than January 31, 2004 with completion of such move to occur no later than March 31,2004. Martin Marietta shall terminate all processing operations at the current site of the processing plant as soon as the relocation of the plant is completed. Martin Marietta shall install and maintain noise abatement features at the relocated plant which are no less effective than those now utilized, including the use of on-site berms and aggregate piles as buffers, and the use of strobe light signals at night instead of audible signals, for all equipment as permitted by applicable legal requirements. The existing tree buffer on Hazel Dell Parkway shall be maintained and shall not be disturbed. Subject to obtaining any required permits and approvals from applicable governmental authorities, Martin Marietta shall recycle waste water from the relocated processing plant from the east side of Hazel Dell Parkway to the lake(s) on the Mueller Property and Martin Marietta property west of Hazel Dell Parkway and north of 106th Street. 3. Reclamation. (a) Martin Marietta shall reclaim the Mueller Property north of 106th Street (except the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northwest comer of Gray Road and 106th Street) and the Martin Marietta property between 106th and 116th Streets abutting the Kingswood Subdivision and west of Hazel Dell Parkway 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, assuming that the normal pool elevation, subject to seasonal variations, is 722 above mean sea level, and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit a reclamation plan to the City's consultant for approval. Reclamation will begin on the northern portion of the Mueller property and move in a southerly direction. (b) 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. (c) Upon completion of the sand and gravel extraction, Martin Marietta will undertake no actions to drain the lake created, nor to reduce the water level below 722 above mean sea level, subject to seasonal variations and natural fluctuations. 4. Disposition of Property. (a) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and the co-conservators thereof(the "Mueller Owners"), Martin Marietta shall cause the Mueller Owners to sell, at fair market value, to such adjacent landowners as elect to purchase it, good and marketable title to the 150 foot wide portion of the Mueller Property located adjacent to and lying between the adjacent owner's lot in Kingswood Subdivision and the lake to be created. In the event any adjacent owner elects -2- o o not to purchase such land, the next adjacent landowners on either side shall be offered such land. If both elect to acquire it, it shall be split between them. If neither elects to acquire it, it shall be maintained by Martin Marietta and/or the Mueller Owners or their successors or assigns. The conveyance to adjacent landowners shall be made no later than the time all sand and gravel dredge operations on the Mueller Property North of 106th Street are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictions and all covenants contained on the plat of the Kingswood Subdivision and Martin Marietta shall use reasonable efforts to encourage the amendment of the Kingswood Subdivision plat to include the conveyed property. (b) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and Mueller Owners, Martin Marietta shall cause to be conveyed to Hamilton County or the City of Carmel, as the case may be, a forty-five foot half right of way along the northern edge of 106th Street measured from the existing center line of 106th Street. 5. No Further Mining Operations Without Additional Approval. There will be no aggregate or other mining, or other operations (including underground mining or blasting), on the Mueller Property, either north or south of 106th Street, other than sand and gravel extraction utilizing a floating dredge as described in Martin Marietta's applications for special use and variance approval (SU-24-02; SU- 25-02; V-26-02; V-27-02), without obtaining a change in zoning classification or other zoning approval. In any event, even with such change in zoning classification or approval, Martin Marietta would not conduct blasting on the Mueller Property north of 106th Street before 2025. A copy of the Commitment shall be delivered by Martin Marietta to . the Department of Community Services of the City of Carmel after it is recorded by the Recorder of Hamilton County. This Commitment may not be partially or completely terminated or modified at any time except by the Carmel Clay Board of Zoning Appeals after notice and hearing. However, until modified or terminated, this Commitment shall be enforceable by the City of Carmel or its Board of Zoning Appeals by injunctive relief, denial of building permits or approval or other appropriate administrative or judicial remedy. In such proceedings to modify or terminate the Commitment, notice of hearing shall be given to the owners of property as required by the Zoning Ordinance of the City of Carmel and Clay Township, Hamilton County, Indiana. MARTIN MARIETTA MATERIALS, INe. By: (signature) (printed name) Its: (title) Date: -3- () o State of , County of , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of ,2002. , Notary Public Mr Commission Expires: Resident of County, THE HELEN M. MUELLER CONSERVATORSHIP By: (signature) (printed name) Its: (title) Date: State of , County of , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of , 2001. , Notary Public Mr Commission Expires: Resident of County, -4- u o APPROVAL OF COMMITMENT BY CARMEL CLAY BOARD OF ZONING APPEALS The foregoing Commitment is hereby approved by the Carmel Clay Board of Zoning Appeals this _ day of , 2002. CARMEL CLAY BOARD OF ZONING APPEALS By: (signature) (printed name) Its: (title) ATTEST: By: (signature) (printed name) Its: (title) State ofIndiana, County of Hamilton, SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of ,2002. , Notary Public Mr Commission Expires: Resident of Hamilton County, Indiana This instrument prepared by Thomas H. Engle, attorney-at-law, 11. S. Meridian Street, Indianapolis, Indiana 46204 -5- \J . (j o EXHIBIT A Legal Description Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest comer of Section 4, 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 South line of said Section 4, a distance of3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGS WOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages III and Il2 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said real estate, said comer lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest comer of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly comer of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less. -6- INDSO I THE 500732v5 'So ~ ST.ABK DONINGER & SMITH BRUCE I!:. SMITH. .JOHN W. VAN BUSKIRK- RICIolARD W. gYA~ PATRICIA SI!:ASOFl !lAtLI!:Y BAlAN .J. TUO~Y MARK A. SAfl.e:V I.~IS 1::. WIL.LIS, .I~. THOMAS.... BROCNIK RICHAFlD 19. KAUFMAN DENNIS R. 'TYLER MAR.JOFtII!: A. MILLMAN CLAY M. "'ATTON ATTORNEYS AT LAW SUIT~ 700 60 SOUTH ~ERrl)IAN STREeT INDIANAPOLXS, INDIANA 4620+3542 317.638.2400 TELECOPIER ::ll 7.S32-GS1 9 OR 317-e3~19 ZND f"LeOR 317-e3~1320 . CE"TIFIl5:b Ml5:blATOA'S SENIOR COUNSEL. .JOHN C. STARK CClUNSCL WIL.L.IAM K. 8'1'FlUM. CLAAI;NCIl: W. DONINGER GRI!:GOR'I" a. F'EHRleACHI' ROBf:RT P. MAA$6 OIl.StAT E. SNIOI!:Fl HARRY JOHN WATSON m May 28, 2002 John R. Molitor Molitor Grisham & Hester, P.A. 11111 North Meridian Street Carmel, Indiana 46032 Via Facsimile 843.5514 c o RE: Martin Marietta's Petition to Extend Mining Activity into the MuellerProperty r Dear Jo1m: Attached to this letter is a document titled "Commitment for Use of Real Estate Incident y to Special Use and Variance" C'Commitment'). The enclosed Commitment was negotiated between myself as attorney for Northhaven, LLC and David Warshauer. the attorney for Martin Marietta. Mr. Warshauer and I have reached an agreement whereby Martin. Marietta has agreed to submit the attached Commitment in connection with its petition for a Special Use aod Variance from Development Standards ("Petition") to be considered this evening by the Carmel- Clay. Board of Zoning Appeals. Northhaven, LLC has advised that they will not remonstrate against this petition so long as the granting of any variance is conditioned upon the attached Commitment being made a part of and filed of record in the Hamilton County Recorder's Office. Mr. Warshauer and I have agreed that the enclosed Commitment wi)) be presented to the I- ST.A.RK DONINGER & SMITH 10hn R. MoUtor May 28, 2002 Pago 2 ofZ Board of Zoning Appeals and will be executed by Martin Marietta ahd the property owner in connection with any consideration of the Petition. Please call the undersigned if you bave any questions. Very 'truly Yours, STARK., DONlNGER & SMITH Brian J. Tuohy BJTIkr Enclosure Molitor. J. ~.doc Cross :Reference: Deed dated . _ and recorded on No. in the Office oftbe Recorder of HarnUtoo COlDlty, J:t1diana. . _ as Ins1:l'I1ment COMMITMENT FOJ{ USE OF REAL ESTAU; IN'CmENT 10 SPECIAL USE AND V ARlANCE The undersigned, Martin Marietta Material~ tnc. ("Martin Marietta'") hereby makes the following commitment to the Carmel Clay Bod of Zoning Appeals ("Commitment")- incident to the grant of a Special Use and Variance from Development Standards for the Undersigned's proposed operations (the "Operations'") to be located on real estate located in Hamilton County, lndiana and described on the attached Exhibit A which is inooij)Otated herein, which real estate is referred to liS the "Mueller Property." 1. General Ooerations R.estrictions. A.ll surface mining on the Mueller Property shall be subject to the following restrictions: (a) An overburden removal on the Mueller ~erty north of 1 O~ 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. Martin Marietta shaD also eause any operations under its control to be undertaken nnd conducted in a manner so. as to minimize noise, d1,l$t, light or smoke Impact on sutTounding properties. (b) From the overburden removed during sand and sraveI extraction. Martin Marietta sball constJ'u,ct an earthen landscape bem six (6) feet in height 00 the north side of 106111 Street on the Mueller Property (except the wooded portion oftbe Mueller Property located directly south of the existing park at the northw~st comer ofOray Road and 106th Street). (0) No surface operations will be undertil\cen on the wooded portion of the Mueller Property north of 10611l Street located directly south of the existing park at the northwest comer of Gray Road and 106h Street. (d) All trucks entering public streets from operations conducted by Martin Marietta in Clay Town.ship north of96111 Street shall have covered beds. )(e) Martin Marietta shal) be responsible for all environmental matters arisIng from jts operations and shall Jndemnify and hold harmless the adjacent landowners in thc Klngswood Subdivision with respect to any losses. claims or costs arising therefrom. (f) Sand and gravel shall be extracted only tbJwgh the use of a floating dredge. Such extraction will be done in the sequeoce depicted in the Mining and ReclamatiOtt Plan submitted by Martin MarletUt ;" cQnnection with its Special Use application. Sand and sravel extraction will be conducted only between one half hour after sunrise and one half hour before s\11lset, Monday thro\1gh Saturday, except in the c8$e of unusual circumstances or in the event of special projed$ requiring greater production, and then only after notice to the Carmel Dep8(fment of Comtlllmity Services. {g} Mmin Marietta will provide reclamation bond payable to the Kingswood Homeowners Association in the amount of $250,000 to assure rec:lamation as provided in the Mined Land Use and Reclamation Plan filed with Martin Marietta's applications for special use and vari~ce approva\ (SU-24. 02; SU.2S-02j V-2tS-02: V-21-02). This bond wlll be kept in tun force uno1 Martin Marietta completes the reclamation of the Mueller property south of Kingswood and North of l06d1 Street in accordance with such Plan. 2. l'rocessin2 Plant. If Martin Marietta is permitted to cotnmence sand and gravel extraction on the Mueller propertY bY]W1.e I, 2002 and is not precluded from continuing such extraction, Martin Marietta sJ1aJl. subject to approval by the Cannel Clay Board of Zoning Appeal& and the Indiana Department otNatural Resour<:es, move the processing plant located. north of 100th Street west of Hazel Dell Parkway and adjacent to the I<ingswood Subdivision to a new location just east of Hazel Dell Parkway and north of 106th S1reet. SUch new locatIon will be further from any home in the Kingswood Subdivision than at present. Subject to obtaining the requIred governmental approvals, Martin Marietta will start the plant relocation no later than 1anuary 31, 2004 with completion of such mow to oocur no later than March 31, 2004. Martin Marietta. shall terminate all processing operations at the current sIte of the processin& plant as soon as the relocation of the plant is completed. Martin Marietta shall install and tnaintaln notse abatement features at The relocated plant which are no less effective than those now utilized, including the use of on-site benns and aggregate piles as buf'tcrs, and the use of strobe light signals at night instead of audible signals, for aU equipment as permitted by applicable legal reqWlllment5. The existing tree buffer on Hazel Dell Parkway shall be maintained and shall not be disturbed. Subject to obtaining any required permits and approvals from applicable govettlnlental authorities, Martin Marietta shaD recycle waste water from the relocated processing plant from the east side of Hazel Dell Parkway to the lake(s) on the Mueller Property and Mllrtju Marietta pt~etty west ofHa%e1 Dell Parkway and north of l06tll Street. 3. ~lamation. (a) Martin Marietta shan reclaim the Mueller Property north of 1061& Street (except the wooded portion of the MueUer Property north of 1 O~ Street located directly south of the existing park at the northwest comer of Gray Road and 10(j1ll Street) and the Martin MarIetta property between 1061h and ll~ Streets abutting the Kingswood Subdivision and west of Hazel DeU Parkway as a take with (i) slopes no steeper than 3 to I, (ii) a waterline not less than J SO feet itom the nearest property line in the I<ingswood Subdivision, assUtning that the normal pool elevation, subject to seasonal variations, is 722 above mean sea level, and (iU) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit a reclamation plan to the City's consultant for approval. Reclamation will begin on the Jl.orthem portion of the Mueller property and move in a southerly dircctiol1. (b) All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be provide<! to the Director annually. (c) Upon completion of the sand and gravel extraction, Martin Marietta will Wldertake 110 actions to drain the lake created, nor to reduce the water level below 722 above mean sea level, subject to seasonal variations and natural fluctuations. 4. DisDosition ofPro"mv. (a) Subjec:t to approval of tbe court overseeing the Helen M. Mueller Conservatorship and the co-conservators thereof (the "Mueller Owners"), Martin Marletta shall calise the Mueller Owners to sel~ at fair market value, to such adjacent landowners as elect to purchase it, good and marketable title to tb.e 1 SO foot wide portion of the Mueller Property loeated adjacent to and lying between the adjacent owner's lot in Kingswood Subdivision and the take to be created. In the event any adjacent owner elects -2- , - not to purchase such land. the next adjacent landowners on tither side shall be offered such land. If both elect to acquire it, it shall be split betWeen them. If neither elects to acquire it, it shall be maintained by Martin Mari~ and/or the Mueller OwxIers or their successors or assips. The conveyance to adjacent landowners shall be made no later than the time aU sand and ~avel dredge operations on the Mueller Property North of l06l1a Street arc completed. The conveyance sball be free of atl.)' liens. easements, eDcumbranccs or other restrictions created by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictions and an eovenants contained Oil the plat or the Kingswood Subdivls10n and Martin Marietta shall use reasonable effo11$ to ~courage the amendment of the Kingswood Subdivision plJ.t to include the conveyed property. (b) Subject to approval of the court overseeing the Heleb M. Mueller Conservatorship and Mueller Owners, Martin Marietta shati cause to be c:onveyed to Hamilton County or the City of Catvte~ 4$ the case may be, a forty-five foot halfrigbt of way along the nolthem edge of tOoth Stn:ct measured from the existing center line ofl061J:1 Street. S. No Further Minin2 Q,perations Without Additional ADorova!. There will be 1\0 aggregate or other mining~ or other operations (inoluding undergroUJId mining or blasting), on the MueUer Property, either north OJ' SO\1th of 106' Streets other than saod and gravol extraction \1tilizing a floating dredae as described in Martin Marietta's applications for special 11$e and variance approval (SU-24-02; su- 25-02; V-26-02j Y-27-02). w1thout obtaining a change in zoning classification OJ' other %oning approval. In any event, even with such ehange in ~oning classification or approval. Martin Marietta would not conduct blasting on the Mueller Property north of lOGlh Street before 202S. A copy of the Commitment shall be delivered by Martin Marietta to the Department of Community Services of the City of Carmel after it is recorded by the ltecorder ofHamUt01l COWlt)'. This Commitment may not be partially or completely tenninated orroodified at any time except by the Cannel Clay Board of Zoning Appca.1s after notice and hearing. However, until modified or tenninated, this Commitment shaH be Cllforeeable by the City Qf Carmel or its Board of Zoning Appeals by injunctive relIef, denial of building petroits OJ' approval or other appropriate admil1.istfative or judicial remedy. In such proceedings to modify or terminate the Commitment, notice of hearing shali be given to the owners of property as required by the Zoning Ordinance oftbe City of Carmel and Clay Township, Hamilton County, Indiana. MARTIN MARIETTA MATERIALS, INC. By: (signature) (printed .I1ame) If.$: (title) Date: -3- .' State: of , County of ,85: Executed. and acknowledged before me! a. Notary Public in and fat said Co~ and State this _ day of , 2002. t Notary Public Mr Coromissjon Expires: Resident of County! THE HELEN M. MUELLER CONSERVATORSHIP :By; (signature) (printed name) tts: (title) Date: State of . County of ,55: Exeeuted. and acknowledged before me, a Notary Public in and for said CO\1Dty and. SWte 1ltis _ day of . 200 1. ! Notary Publio Mr Commission Expires: Resident of County, -4. . APPROVAL OF COMMITMENT BY CARMEL CLAY BOARD OF Z~O APP!ALS The foregoing Commitment is hereby approvod by the Carmel Clay Board of Zoning Appeals this _ day of ,2002. CARMEL CLAY BOARD OF ZONING APPEALS By: (signature) (printed name) Its: (title) ATTEST: By: (s~ture) (printed name) Its: (title) State ofIndjana. County of Hamilton, ss: Executed aod acknowledged before me, a Notary Public; in and for said COlIUty and State this _ day of ,2002. ,Notary Public Mr Commission Expires: Resident of Hamilton Countyt Indiana Thi$ instrument prepared by Thomas H. Engle, attorney-at-Jaw, 11. S. Meridian Street, Indianapolis, Indiana 46204 -5- It -.... 4_,0;: EXHIBIT A LeEaI Descri'Otion Part of the South Half of Section 4~ Township 17 North, Range 4 East of the Seeond Principal Meridian in Clay Township, Hamilton Cou.nty, Indiana, descnOed as follows: Be~1ng at the Southwest comer of Section 4, Township 17 North. Range 4 East of the Second Principal Meridian in Clay Township, Hamilton Countyt Jndianaj thence South 89 degrees 55 mmutes 56 seconds East (assumed bearing) on the South line of said Section 4,. a dIstance of 3302.24 feet to the Westerly line of real estate conveyed to the City of Cannel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as InsttUment Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thenoe North 60 degrees 23 minutes OS seconds East 57.55 feet; 3.) thence North 89 degrees SO minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds .East 198.24 feet; 5.) thence North 25 degrees 4S minutes 13 seeonds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) tbenc;:e North 01 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the Soutb tine of said Section 4, and extends Easterly trom a point on the East lino of the Southwest Quarter ofsald Section 4 that is 154.10 feet North of the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line ofsaid Southwest Quarter. being also the East line of KINGS WOOD SUBDMSION, SECTION THREE. a subdivision in Hamilton County, Indiana the seeondary Plat o(whlcb. as amended December 22, 1988. is recorded in said Recorder's Office as InstrUment Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 mInutes 43 seconds West on the East .line of said Soutbwest Quarter 154.10 feet to the Southeast comer of the North Half of said Southwest Quarter; thence 'North 89 degrees 51 minutes 18 seconds West on the South tine of the North Half of said Southwest Qu.aner 1521.03 feet to the North~t comer Qf teal estate c;:onveyeO to the City of Carmel, Indiana, per a Deed recorded in the Office of the R.ecorder of Hamilton County. Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer of the So\1tb :Half of said Sou.thwest Quarter: thence South 00 degrees 27 minutes 42 seconds West on the East line ofsald real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said reat estate. said comer lying on a tine that extends South 89 degrees 51 mInutes 29 seconds East, measured parallel with the North Uno of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.4' feet North of the Southwest corner of said Section 9; thence:North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereat:. a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid poInt on the west tine of said Southwest QUarter, said point being 8150 the Southwestedy comer of real estate conveyed to the City of Carme~ Indiana, by a Warranty Deed recorded in said Reeorder'a Office as Instrument Number 8726638; thence South 00 degree$ 19 miJ't11te3 SI11CCOtJd$ West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acr~ more or less. -6- IloIDSOI 'IlII! SOO'l3:M MAY 28 2002 17:27 FR TO 95712426 P.01 (Ctic\( henI and type relUm acldrea and phone and talc numbers) Fax To: Carmel Board of Zoning Appeals FNIIII Larry Counen FIUG 317.571.2426 Pages: 2 PIIOIIeI (CI/cI< here and type phone number) Date: 05I2N20Q2 Re:: M. Mareitta Special Use Application CCI lClick here and type name] o U.,.ent 0 For Review 0 Please COmment 0 Please Reply 0....... Reqde . COIIIInentst Please see attached Letter. , 4'/1/ .," I ~/ i.. >//, q~ ,:. .00/10 ~ -.1 \- (,,0 ("" " / \/',j \_ ~,'l \' /,-,/ '-/) 'y" "I ,_ _ .;" . "<..'/ I',,' i \ :. --..L_~___/ MAY 28 2002 17:27 FR TO 95712426 P.02 May 28, 2002 /-;. ", /'\".' \,. - ".'" " t,',' ~ ~",::,,:. #.4ftCttVrlJ ',II .--1 '-, 28 CI t-.' ..."\ ^ lO~ j<\J'J C, ,t./I'l/13' 1,- ,,' '-"\ Vt". ;;; \~</~ (.. ,,/;,, "Q <Ii"/'-... ./-<:.?' ",/' ;'7::;"",''''--...--1-> \ y- '--.!.. J\'}T"j L \ 'J:,/ -..::::::~- ..;.?' Cannel Board of Zoning Appeals City of Cannel. Indiana Via Fax Dear Sir or Madam: I respectfully request that you reopen the public hearing regarding the special use applications (UV -23-02; SU-24-02, SU-25-o2, V-26-02. V-27-o2) desired by Martin Marietta Materials (MMM) for the following reasons: 1. The special use hearing In April 2002 started and ended very late (1 a.m.) and it did not afford Interested parties to express their Individual and collective views regarding this Issue In a public forum at an acceptable time. The special use application did not begin until after 9:30 p.m. 2. One of the BZA members departed the meeting before It's conclusion (11 p.m. If I was told correctly) and therefore was not available to hear all of the information presented. 3. Several homeowners were caught by surprise by the outcome of last minute negotiations between the Kingswood Board and MMM. These dealings materially changed the expected response to the special use application by the Klngswood Board. This view Is In direct conflict with a majority of Kingswood residents who were polled following the April meeting by way of a neighborhood wide survey. One of the BZA members expressed that such a survey would be an appropriate way to take a poll of the views of all the homeowners. As a consequence, many of these homeowners did not get a chance to express their viewpoint in a public forum based on the 'back room' negotiations and other specific concerns that may be new to the zoning bQarcl. a en M. Counen Kin ood resident 5048 Huntington Drive Carmel, IN 46033 ** TOTAL PAGE.02 ** B5/28/2BB2 15:21 3178463176 LVNDEL TRAGER PAGE B1 . 'Iilk about success in buying and selling homes, or a career in real estate... To: g .;L r:r 1) ~ Phone Number '1'01R: Be: Date: (j <" ..h. g--:' /.0 "2.... Number of pages Including this one ~ ~~:~ !:-~~~ Ib- r u) -f u Fax Number r'~.s/ r,;":':"1 T,-:>:" Keystone at tbe Crossing F. C. Theker Company, Inc. 3405 East 86th Street · Indianapolis, Indiana 46240 (317) 259-6000 · Fax (317) 252-4663 www.1aJkThThcker.com (lOmIltlH'IW,11Y HOIIa: 1111 ........... CIlIIlIIiaed In .... w.umIIIIOR _ dJllEC.'GOlpIIIJII. dacumcms b caalId!IIlIII 1ftCIa.ndtd onIJ lurlbe UIC rl1hc ........ 01' _1IIIIle4 IIlM.IfJllU ftlllllllll: lntcade4mlp1a11, ,._.....1hIl IIl)"cIIsdasuR. ~ 4IIlrIIllIUoft or IIlellldt1c rllIIYlClIaD In rell111ce 011 dB! ttIllII!IlII filM ..-.. IIIfilrnlIIIOn . _ ' penIIWIlc. If"".. ~ _ tIIIlIIIRIIlIaIla..., pleae ~ _lIS Ilr lIIepIJoM. 1M IlUIldlet *"' and ,.. lIIe ."... tIDwmiIIl~) 10 III ., V.S. 1IIIIIl. n-nkJllll. TAL.K TO TIJCKER t ,;;\.. :i,~l~~:~~t 05/28/2002 15:21 3178463176 LVNDEL TRAGER PAGE 02 To the 8ZA Board: My Husband and I would like to make a fonnal tequest that you would allow additional comments and remarks to be made by a large number of Kingswood Home owners that have definitely not been represented fairly by our KiDgswood Board. I have been a realtor for 32 years and have worked for F. C. Tucker Company for more than 26 years. I have lived in Kingswood for over 9 years and am gravely eo&;emed about what the City of Carmel may do that will affect our neighborhood, its childten and possibly all of our health and the health of other Cannel neighbors. I have sold 27 homes in Kingswood and have some statistics that show a dramatic affect that mining has already had on our appreciation. Thank you for being willing to listen to our presentation. We love the city of Cannel and we dearly love our neighborhood and know you will understand our need for the city's protection. Lynde) and 81811 Trager. o o ATTORNEYS AT LAW SUITE 700 50 SOUTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46204-3542 STARK DONINGER & SMITH PLEASE DELIVER THE FOLLOWING PAGES AS SOON AS POSSIBLE: From: Brian J. Tuohy Fax Number: (317) 571-2426 Fax Number: (317) 633-6618 To: Sue Ellen Date: May 28. 2002 Number of Pages: 9 (Including Cover) Re: Martin Marietta (Letter with commitments) Sue Ellen: Please. forward a copy of the enclosed to the members of the Board of Zoning Appeals. Should you have any questions, please do not hesitate to contact me. Very truly yours, Brian J. Tuohy ~NTIAL NOTICE: THE MATERlALS ATTACHED TO THIS FACSIMILE TRANSMISSION ARE PRIVATE AND COJmI5!NTIAL AND ARE THE PROPIiRTY OF THE SBNDER. THE INFORMATION CONTAINED IN THE ATTACHED MATERIAL IS PRMLEGED AND IS INTENDED FOR THE USE OF tHE INDtVIDUAL(S) OR ENTITY(IES) NAMED ABOVE. IF YOU ARE NOT THE INTENDED ReCIPIENT. BE ADVISED THAT ANY UNAUTHORIZED DISCLOSURE. COPYING, DlSfRlBUTlON, USE o~ THE TAKING OF ANY ACTION IN RELIANCE ON THIS INFORMATION IS 8TRlCTL Y PROHIBITED. IF YOU HAVE RECEiveD THIS TRANSMISSION IN ERROR, PLEASE NOnFY THI! SENDER IMMEDIATEL YTO ARRANGE FOR ITS RETURN. IF THERE IS ANY PROBLEM WITH THIS TRANsMISSION. PLEASE NOTIFY KIM ROBERTS. ALS AT 317-638.2400. ~52-~ 80/10'd S2~-l 81S9BE9lIB ~~NINoa ~~VlS-WOJ~ wdO~:BO ZO-82-~ew w o STA"Rlr DONINGER &: SMITH BRUCE E. SMITH" .lCWN W. VAN BUSKIRK" RICHARD W. OYA~ PATItIe:IA SEABOlt I!lAILEY DrllAN .J. TUO~Y ~ARK A. 8"Il.lEV LEWIS E. WILLIS, .Jilt. THOMAS A. ElROONIK RIC"ARC lB. KAUFMAN DENNIS R. TYLER MAIllJOFlIE A. MILLMAN CLAY M. "'ATTON ATTORNEYS AT LAW SUITE 700 sO SOU1"H IolERIl:lIAN STREET hmX.6.NAPOLIS, INDIANA 4620+3542 317.638,2400 TELECOPIER 2174220&&19 OR 3 1?-633-66 19 2ND I"LOOR 31?-63~8aO . C;E"TII"IEb Nli:bIAtOl'l& KNIOR COU NSEL .JOMN C. STARK =UN&CL WILLIAM K. I!IYAU"''' Cl.ARIl;NCIC H. OONINGtR GREGORY S. "EHIllII!IACH* ROBERT D. MAAS" OIl.IlIItFlT E. SNIDER IoIARRY JOHN WATSON m May 28~ 2002 John R. Molitor Molitor Grisham &. Hester, P.A. 11711 North Meridian Street Carmel, Indiana 46032 Via Facsimile 843-5514 c o RE: Martin Marietta's Petition to Extend Mining Activity into the Mueller Property lP Dear Jo1m: Attached to this letter is a document titled "Commitment for Use of Real Estate Incident y to Special Use and Variance" (~'Commitment'). The enclosed Commitment was negotiated between myself as attomey for Northhaven, LLC and David Warshauer, the attorney for Martin Marietta. Mr. Warshauer and I have reached an agreement whereby Martin Marietta has agreed to submit the attached Commitment in connection with its petition for a Special Use aud Variance from Development Standards ("Petition'') to be considered this evening by the Carmel- Clay Board of Zoning Appeals. Northhaven, LLC has advised that they will not remonstrate against this petition so long as the granting of any variance is conditioned upon the attached Commitment being made a part of and filed of record in the Hamilton County Recorder"s Office. Mr. Warshauer and I have agreed that the enclosed Commitment wi)) be presented to the )&Z-~ 80/Z0'd 9Z)-l 8lama.LIB ~39NINOQ ~~VlS-WOJ~ Wdo):eo ZO-8Z-~~ Q u ST.ARK DONINOER & SMITH John R. Molitor May 28~ 2002 Page 2 of2 Board of Zoning Appeals and will be ~ecuted by Martin Marietta and the property owner in connection with any consideration of the Petition. Please call the undersigned if you have any questions. Very Trnly Yours, STARK, DONINGER & SMITH Brian J. Tuohy BJTIkr Enclosure MolIllll'. J. ~.doc .9Z-~ 80/BO"d SZ.-l 81S9BBWB ~~NINoa ~~VlS-WOJ~ Wdl.:BO ZO-8z-~e" Q o Cross Reference: Deed dated . and recorded on No. in the Office of the Recorder of Harnilton County, ItldiaDa. . _ as Instrument COMMITMENT FOR USE OF REAL ESTATE; INCIDENT 10 SPECIAL USE AND V ARIANeE The undersigned, Martin Marietta Materials, fDe. ("Martin Marietta'") hereby makes the (oUawing commItment to the Carmel Clay Board of Zoning Appeals ('.Commitment'') incident to the grant of a Special Use and Variance from Development Standards for the Undersigned's proposed operations (the "Operations'") to be located on real estate located in HamjJtOh County, h1diana and described on the attached ExJ1i~it A which is incorporated herein, which real estate is referred to 11$ the "Mueller Property.- 1. penen) ODerations Restrictions. A.1l surface mining on the Mueller Property shall be subject to the followiDg J1l5ttietions: (a) All overburden removal on the Mueller PrO{)CrtY north of I06'i' Street shall be completed during daylight hours (between one half hour after sunrise and ODe half hO\1T before sunset), during the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shaD also cause any operations under its control to be undertaken and conducted in a mllDller so as to minimize noise, cl\l$t, light or smoke impact on surrounding properties. (b) From the ovuburden removed c1urin8 sand and gravel extraction, MartJn Marietta sball consb'uct an earthen landscape betDt sjx (6) feet in height 00 the north side of l06dJ Street on 1I1e Mueller Property (except the wooded portion of the Mueller Property located direetly south of the existing park at tbe northwest comer of Gray Road and 106* Street). (0) No surface operations wID be undertalcen on the wooded portion oCtile Mueller Property north of 10611l Street located directly south of the e"isting park at the northwest comer of Gray Road and 106* Street (d) All ttucks et1tering public streets from operations conducted by Martin Marietta in Clay TOWJUihip north of96111 Street sball have covered beds. (e) Martin Marietta sbt) be responsible for all environmental D1atters arising from jts operations and shall indemnify and hold harmless the adjacent landowners in the Klngswood Subdivision with respect to any \OS5es. claims or costs wing therefrom. (f) SlIJ1d and gravel shall be extracted only through the use of a floating dredge. Such extraction will be done in the sequence depicted in the Mining and Rec:lamatiOt\ Plan submitted by Martin Marietta in connection with its Special Use application. Sand and gravel extraction will be conducted only between one half hour after sunrise and one half hour before svnset, Monday tbrO\lgh Salurday, except in t9Z-~ 80/tO"d 9Zt-! 8 I 99S29lIS ~~NINoa ~~V!S-WOJ~ Wdlt:SO ZO-8Z-~~ Q o the Cll$S of unusual circumstances or in the event of spec:iaJ projects requiring greater procmc.tlon, and then only after Dotice to the Carmel Department of Community Services. (8) Mardlt Marietta will provide reclamation bond payable to the Kingswood Homeowners Association in the amount of $2'0,000 to asS1JI'e reebunation as provided in the Mined Land Use and Reclamation Plan filed witt) Martin Marietta's applications for special use and variance approval (SU-24. 02; SU-25-Q2; V-26-02; V-27-02). This bond wlll be kept in fbll fotce until Martin Marietta ,ompletcs the reclamation oflbe Mueller property south of Kingswood and North of 106* Street in ~rOao~ with such Plan. 2. ProCesSln2 Plant. If Martin Marietta is pennjtted to commence sand and gravel extraction on the Mueller property by Jme I, 2002 and is not precluded from continuing such extraction, Mattin Marietta ihaJl, subject to approval by the Cannel Clay Board of Zoning Appeals and the Indiana Department of Natural R.esoun:es, move the processing plant located north of 106lh Street west ofHaml Dell Parkway and acijacent to the Kingawood Subdivision to a new location just east ofHazcI Dell Parlcway and north of 106111 Street. Such new location will be further from any home in the Kingswood Subdivision tUn at pte$ent. Subject to obtaining the required governmental approvals, Martin Marietta will start the plant relocation no later than 1anuary 31, 2004 with completion of 5Ucb move to occur no later than March 31, 2004. Martin Marietta shall tenninate all processing operations at the current site of the processing plant as soon N the telocation of the plant is completed. MartIn Marietta shall install and cnamtain noise abatement features at the relocated plant which are no less effective tbllll those now utilized, including the use of OD-site benns IIDd aggregate piles as buffers. and the use of strobe Ught signals at night instead of audible signals, for all equipment 8S pcrmltted by applicable lep! T8qwreme1)t5. Tbe existing tree buffer on Hazel Dell Parkway shall be maintained and shall not be disturbed. Subjcct to obtaining any required pennits and approvals from applicable governmental authorities, Martin Marietta shaD recycle waste water fTom the relocated proc:essmg plant from the east side of Hazel Dell Parkway to the lake(s) on the Mueller Property and Man;u Manetta pt"QpEtty west of Hazel Dell Parkway and north of 10601 Street. 3. Rec:lamation. (a) Martin Marietta shall reclaim the Mueller Property north of 106th Street (except the wooded portion of the Mueller Property north of 106tl1 Street located directly south of the existing park at the northwest comer of Gray Road and 1 O~ Street) and the Martin Marietta property between 106th and 116. Stteet5 abutting the KiDgswood Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ll) a waterline not less than J SO feet nom the nearest property line in the Kingswood Subdivision, U$utning that the nonnal pool elevation, subject to seasonal variationa, is 722 above mean sea level, and (ill) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit II. reelatnation plan to the City's consultant for approval. Reclamation will begin on the northern portion of the Mueller property and move in a $OI1tberly dircctiol1. (b) All rec:lamation shall comply generally witb the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which shaD be provided to the Dim;tor annually. (c) Upon completion of the sand and gravel extraction, Martin Marietta will Wldertake no actions to drain the lake created. nor to reduce the water level below 722 above mean sea level, subject to seasonal variations and natural fluctuations. 4. DisDOsitiOJl ofPronertv. (a) Subject to approval of the court oveIieeing the Helen M. Mueller Conservatorship and the co-conaervators thereof (the "Mueller OwnCJ'S''), Martin Marietta shall cause the Mueller Owners to sell. at fair market value, to such adjacent landowners as elect to purchase it, good IlJ1d marketable title to the 1'0 foot wide portion of the Mueller Property located adjacent to and lying between the adjacent owner's lot In Kingswood Subdivision and the take to be created. In the event any adjacent owner elects -2- .92-~ eO/gOod 92.-l e199889l1S ~3'NINoa ~~VlS-WOJ~ Wdl.:SO 20-82-~~ Q Q not to purchase such land, the next adjac:ent landowners on either side shall be offered such land. If both elect to acquire it, it sball be split betWeen them. If neither elects to acquire it, it shall be maintained by Martin Marietta 81l.dJor the Mueller OwIlers or their successors or assigns. Tbe conveyance to acljacent laodowncrs shall be made no later than the time all sand and gtavel dredge operations on the Mueller Property North of l06t1a Street are completed. The conveyance shall be free of any liens. easements, encwnbranccs or other restrictioll$ CRllted by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictioll$ lIJJd all covenants contained on the plat of the Kingswood SubdivisIon and MaJtin Marietta shall use reasonable effott$ to encourage the amendment of the Kingswood Subdivision px.t to include the conveyed property. (b) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and Mueller Owners, Martin Marletta shall cause to be conveyed to Hamilton County or the City of CUmel, 4$ the case may be, a forty-five foot halfrlsbt of way along the northern edge of 10611I Street measured from the existing center line of 106'" Street 5. No Further Minin2 Qperations Without Additional AccrovaL There will be no aggregate or other mining, or other operations (including undergroUJId mining or blasting). on the Muetler Property, either north or south of 106tb Street, other than saud IIftd gravel extraction utilizing a floating dredie as described in Martin Marietla's appllc;ations for 5pecial use and variance approval (SU-24-02; su- 2'-02; V-26-02; V-27-02), without obtaining a change in zoning classification Of other zoning approval. In any event, even with such change in zoning classification or approval, Martin Marietta would not conduct bluting on the Mueller Property north of 10611I Street before 2025. A copy of the Commitment shall be delivered. by Martin Marietta to the Department of Community Services of the City of Carmel after it is recorded by the Recorder ofHarnUton County. This Commitment may not be partially or completely terminated or modified at any time except by the Carmel Clay Board of Zoning Appeals after notice and hearibg. However, unW modified or tetminated, this Commitment shall be enforceable by tbe City of Cannel or its Board of Zoning Appeals by injunctive reliet, denial of building petmits or approval or other appropriate admirUstrative or judicial remedy. In such proeeedings to modify or terminate the Commitment, notice of hearing shall be given to the owners of property as reqwred by t11e Zoning Ordinance of'the City of Carmel and Clay Township, }{amilton C01mty.lndiana. MARTIN MARlEnA MATERIALS, INC. by: (signature) (printed 118me) Its: (title) Date: -3- ~92-~ SO/90"d 92~-l SI99SSWB ~3~NINoa ~~VlS-WOJ~ Wdl~:BO ZO-8z-~e~ o u State of , COlmty of ,55: Exeeuted and acknowledged before me, a NotlIry Public in and for said County and State this _ day of .2002. . Notary Publlc: Mr Commissjon ecpites: Resident of County, THE HELEN M. MUELLER CONSERVATORSHIP By; (signature) (printed name) lts: (title) Date: State of , County of ,85: Exec:uted and acknowledged before me, a Notary Public: in and for said County and St4lte tJUs _ day of , 200 1. ,Notmy Public Mr Commission Expires: Resident of County. -4- t92-~ BO/lO'd 92t-l 81 99SE9lI I H39NINOO ~HVlS-WOJ~ Wd2t:IO 20-82-~~ u o 6rPROVAL OF COMMITMENT BY CARMEL CLAY BOARD OF ZONING APP!ALS The foregoing Commitment is hereby approved by the Carmel Clay Board of ZoDiDg Appeals this _ day of . 2002. CARMEL CLAY BOARD OF ZONING APPEALS By: (signature) (printed name) Its: (title) ATTEST: ay: (signature) (printed name) Its: (title) State ofIndiaua. Cowrty of Hamilton. 55: Exec\lted and acknowledged before me, a Notary Public: in and for said C01Illty and State thi$ _ day of .2002. , Notary Public: Mr Commission Expires: Resident ofHaUliJtol'l County, Indiana Thi$ instrumcht prepared by Thomas H. Eogle, attomey-at-law, J 1. S. Meridian Street. Indianapolis, Indiana 46204 -5- V9Z-~ 80/80'd SZV-! 819smllB ~3~NINoa ~~V!S-WOJ~ wdZv:BO ZO-8z-~ew u o EXHIBIT A Legal Descritrtion Part of the Soudl Half of Section 4, Township 17 North, Range 4 East of the Seeond Prln,\pal Meridian in Clay Township, Hamilton Colmty, Indiana, descn'bed as follows: Beginning at the Southwest eomer of Section 4, Township 17 North. Rauge 4 Bast of the Second Principal Meridian in Clay ToWD5hip, Hamilton County, Indiana; thence South 89 degrees SS minutes 56 seconds EII$t (assumed. bearing) en the South line of said Section 4, a distance of 3302.24 feet to the Westerly Une of real estate eonveycd to the City of Cannel, Indiana, by a doc:ument titled "CertificatiOD of Clerk" rec:orded in the Office of the R~order of Hamilton County, Indiana, as ItlsttUment Number 9709754848; (the follOWing seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seeonds East 16.50 feet; 2.) thence North 60 degrees 23 minutes OS seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thmce South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 4S minutes t3 seconds East 826.18 feet; 6.) thence North 21 degrees IS minutes 23 seconds East 576.29 feet; 7.) thence North 07 degtees 37roinutes 09 seconds East 180.00 feet to a point on a line that is pat'alleJ with the South line of said Section 4, and extends Easterly from a point on the East llne of the Southwest Quarter of said Section 4 that Is 154.10 feet North of the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 5S minutes 56 seconds west on said tine 1718.86 feet to the aforesaid point 01\ the East line of said Southwest Quarter. being also the East line of KINGS WOOD SUBDMSION, SECTION THREE, a subdivision in Hamilton CoUDty, Indiana the Secondary plat of which, as amended December 22, 1988. is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West OD the Eut line of said Soutbwe:d Quuter 154.10 feet to the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degRCs 51 minutes 18 seconds Weston the South tine of the North Halfofsaid Southwest Quaner 1521.03 feet to the NoJtbeaat cornu of teal est.te conveyed to the City of Carmel, Indiana, peT a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer bei1)g 1146.65 feet East of the Northwest comer of the South a.lf of said Southwest Quarter: thence South 00 degrees 27 minutes 42 se<;Onds West on the East line of said real estate 918.75 feet, per the aforesaid deed. (919.89 feet by measurement) to the Southeast eorner of said real estate. &aid comer lying on a tine that extends South 89 degrees 51 minutes 29 seconds Bast, measured parallel with lhe North Unc of South Half of said Southwest Quarter from l point 01) the West tine of said Southwest Quarter that js 406.4S feet North of the Southwest CQJ1ler of said Soction 9; thence North 89 degrees 51 mlnutes 29 seconds West on said line and the Westerly prolongation thereof. a total distance of 114'.58 feet, per the aforesaid deed, (1144." feet, by measurement) to the aforesaid point on the West tine or said Southwest Quarter. said point being also the Southwesterly comer of reat Qtate conveyed to the City of Carmel, Indlatla, by a Warranty Deed recorded in said ~ordtr's Office as Instrument Number 8726638; thence South 00 degreea 19 minute. 5) aeCQtlch West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less. -6- DIDSOI11lB SOO'IJM ~9Z-~ BO/BO'd 9Z~-! B199BE9l1B ~3'NINOQ ~~V!S-WDJ~ WdZ~:BO ZO-8z-~ew ~ u o Lillig, Laurence M From: Sent: To: Cc: Subject: david. warshauer@BTLaw.com Tuesday, May 28,2002 12:19 PM KHahn@ci.carmel.in.us; LLillig@cLcarmel.in.us bob. furlong@martinmarietta.com Revised Martin Marietta commitments K!J 500732_ 4.doc Laurence and Kelli, As a result of additional negotiations with Kingswood and other neighbors, Martin Marietta has revised its commitments pertaining to the proposed special use. Paragraphs l(f) has been revised to reduce the permitted hours of operation of the dredge, and pargraphs l(g) and 5 have been added. I will discuss these tonight. Thanks. David CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. 1 u o Deed dated , _ and recorded on in the Office of the Recorder of Hamilton County, Indiana. as Instrument Cross Reference: No. COMMITMENT FOR USE OF REAL ESTATE INCIDENT TO SPECIAL USE AND VARIANCE The undersigned, Martin Marietta Materials, Inc. ("Martin Marietta") hereby makes the following commitment to the Carmel Clay Board of Zoning Appeals ("Commitment") incident to the grant of a Special Use and Variance from Development Standards for the Undersigned's proposed operations (the "Operations") to be located on real estate located in Hamilton County, Indiana and described on the attached Exhibit A which is incorporated herein, which real estate is referred to as the "Mueller Property." 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) 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. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) From the overburden removed during sand and gravel extraction, Martin Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of I06th Street on the Mueller Property (except the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and 106th Street). (c) No surface operations will be undertaken on the wooded portion of the Mueller Property north of I06th Street located directly south of the existing park at the northwest comer of Gray Road and I06th Street. (d) All trucks entering public streets from operations conducted by Martin Marietta in Clay Township north of 96th Street shall have covered beds. (e) Martin Marietta shall be responsible for all environmental matters ansmg from its operations and shall indemnify and hold harmless the adjacent landowners in the Kingswood Subdivision with respect to any losses, claims or costs arising therefrom. (f) Sand and gravel shall be extracted only through the use of a floating dredge. Such extraction will be done in the sequence depicted in the Mining and Reclamation Plan submitted by Martin Marietta in connection with its Special Use application. Sand and gravel extraction will be conducted only between one half hour after sunrise and one half hour before sunset, Monday through Saturday, except in u o the case of unusual circumstances or in the event of special projects requiring greater production, and then only after notice to the Carmel Department of Community Services. (g) Martin Marietta will provide reclamation bond payable to the Kingswood Homeowners Association in the amount of $250,000 to assure reclamation as provided in the Mined Land Use and Reclamation Plan filed with Martin Marietta's applications for special use and variance approval (SU-24- 02; SU-25-02; V-26-02; V-27-02). This bond will be kept in fun force until Martin Marietta completes the reclamation of the Muener property south of Kingswood and North of 106th Street in accordance with such Plan. 2. Processing Plant. If Martin Marietta is permitted to commence sand and grave] extraction on the Muener property by June ], 2002 and is not precluded from continuing such extraction, Martin Marietta shall, subject to approval by the Carmel Clay Board of Zoning Appea]s and the Indiana Department of Natura] Resources, move the processing plant located north of ] 06th Street west of Haze] Dell Parkway and adjacent to the Kingswood Subdivision to a new location just east of Haze] Dell Parkway and north of 106th Street. Such new location will be further from any home in the Kingswood Subdivision than at present. Subject to obtaining the required governmental approvals, Martin Marietta will start the plant relocation no later than January 3], 2004 with completion of such move to occur no later than March 31, 2004. Martin Marietta shall terminate an processing operations at the current site of the processing plant as soon as the relocation of the plant is completed. Martin Marietta shan install and maintain noise abatement features at the relocated plant which are no less effective than those now utilized, including the use of on-site berms and aggregate piles as buffers, and the use of strobe light signals at night instead of audible signals, for an equipment as permitted by applicable legal requirements. The existing tree buffer on Haze] Den Parkway shan be maintained and shall not be disturbed. Subject to obtaining any required permits and approvals from applicable governmental authorities, Martin Marietta shall recycle waste water from the relocated processing plant from the east side of Hazel Dell Parkway to the ]ake(s) on the Mueller Property and Martin Marietta property west of Haze] Den Parkway and north of 106th Street. 3. Reclamation. (a) Martin Marietta shan reclaim the Mueller Property north of 106th Street (except the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northwest corner of Gray Road and 106th Street) and the Martin Marietta property between 106th and 116th Streets abutting the Kingswood Subdivision and west of Haze] Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than ]50 feet from the nearest property line in the Kingswood Subdivision, assuming that the normal pool elevation, subject to seasonal variations, is 722 above mean sea level, and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit a reclamation plan to the City's consultant for approval. Reclamation will begin on the northern portion of the Mueller property and move in a southerly direction. (b) An reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Minera] Aggregates Association, a current copy of which shall be provided to the Director annually. (c) Upon completion of the sand and gravel extraction, Martin Marietta will undertake no actions to drain the lake created, nor to reduce the water level below 722 above mean sea level, subject to seasonal variations and natural fluctuations. 4. DisDosition ofProDertv. (a) Subject to approval of the court overseeing the He]en M. Mueller Conservatorship and the co-conservators thereof (the "Mueller Owners"), Martin Marietta shall cause the Mueller Owners to sell, at fair market value, to such adjacent landowners as elect to purchase it, good and marketable title to the ] 50 foot wide portion of the Muener Property located adjacent to and lying between the adjacent owner's lot in Kingswood Subdivision and the lake to be created. In the event any adjacent owner elects -2- o u not to purchase such land, the next adjacent landowners on either side shall be offered such land. If both elect to acquire it, it shall be split between them. If neither elects to acquire it, it shall be maintained by Martin Marietta and/or the Mueller Owners or their successors or assigns. The conveyance to adjacent landowners shall be made no later than the time all sand and gravel dredge operations on the Mueller Property North of 106th Street are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictions and all covenants contained on the plat of the Kingswood Subdivision and Martin Marietta shall use reasonable efforts to encourage the amendment of the Kingswood Subdivision plat to include the conveyed property. (b) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and Mueller Owners, Martin Marietta shall cause to be conveyed to Hamilton County or the City of Carmel, as the case may be, a forty-five foot half right of way along the northern edge of 106th Street measured from the existing center line of 106th Street. 5. No Further Mining Ooerations Without Additional Aooroval. Martin Marietta shall not conduct any mining or related operation (including underground mining or blasting) on the Mueller Property, other than sand and gravel extraction by means of a dredge, if its applications for special use and variance approval (SU-24-02; SU-25-02; V-26-02; V-27-02) are approved, without obtaining a change in zoning classification or other zoning approval. A copy of the Commitment shall be delivered by Martin Marietta to the Department of Community Services of the City of Carmel after it is recorded by the Recorder of Hamilton County. This Commitment may not be partially or completely terminated or modified at any time except by the Carmel Clay Board of Zoning Appeals after notice and hearing. However, until modified or terminated, this Commitment shall be enforceable by the City of Carmel or its Board of Zoning Appeals by injunctive relief, denial of building permits or approval or other appropriate administrative or judicial remedy. In such proceedings to modify or terminate the Commitment, notice of hearing shall be given to the owners of property as required by the Zoning Ordinance of the City of Carmel and Clay Township, Hamilton County, Indiana. MARTIN MARIETTA MATERIALS, INC. By: (signature) (printed name) Its: ( title) Date: State of , County of , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of ,2002. , Notary Public -3- o o Mr Commission Expires: Resident of County, THE HELEN M. MUELLER CONSERVATORSHIP By: (signature) (printed name) Its: (title) Date: State of , County of , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of , 200 l. , Notary Public Mr Commission Expires: Resident of County, -4- (j Q APPROVAL OF COMMITMENT BY CARMEL CLAY BOARD OF ZONING APPEALS The foregoing Commitment is hereby approved by the Carmel Clay Board of Zoning Appeals this _ day of , 2002. CARMEL CLAY BOARD OF ZONING APPEALS By: (signature) (printed name) Its: (title) ATTEST: By: (signature) (printed name) Its: (title) State ofIndiana, County of Hamilton, SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of ,2002. , Notary Public Mr Commission Expires: Resident of Hamilton County, Indiana This instrument prepared by Thomas H. Engle, attorney-at-law, II. S. Meridian Street, Indianapolis, Indiana 46204 INDSOI THE 500732v3 -5- u Q EXHIBIT A Legal DescriDtion Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as folIows: Beginning at the Southwest corner of Section 4, 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 South line of said Section 4, a distance of3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the folIowing seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is paralIel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGS WOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages III and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast corner of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said corner being 1146.65 feet East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said corner lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured paralIel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly corner of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less. -6- 5-28-02;10:09AM;VIRTUAL MEETING STRA May 28, 2002 Board of Zoning Appeals One Civic Square Carmel, IN 46032 Re: Martin Marietta Materials, Inc.'s Pending Applications Dear Board Members, ;13178056650 /"'. {/' RFCn~ED '.-4 I1A(20 fJ ~\ (1 ,VOl --=\ DOCS ./ t9\ ~~\,-<!b' I am requesting that you open the hearing for public discussion. I would love the opportunity to voice my concerns. Thank you. J Susan Becker Kingswood Homeowner # 2/ 2 'a 11 6ft",\}\ ,J1J I I;; '. , \;;/r- ~~~~ " / "'....~?7 ~'/ .t '\ ./ P RECEIVED \~- '_?I. ..MAY 28 200..2 ~ -..\. S fJ ~\ DOC ;;_ I :?, /i ;.1 /'A. /-. '~? / '(;-', /\ \/ Dear Mr. Mohr, '~<CLT?;fJr~9--/ I am writing to request the reopening of discussion on the Martin Marietta Mining Issue. I have been part of a group that has been active in looking into the issues involved in this special use permit. I feel we have information that is new and has not been open to public discussion. We have prepared a presentation that we feel will help to clarify some important issues such as our drinking water, home values and safety. I feel that communication is the key for this system of decision making to be successful. I am requesting the opportunity to present at the May 28th B.Z.A. meeting. Thank you for your time. S~aDD" Dorothy H.7;;;;;- May 28, 2002 Michael A. Mohr President of the City Board of Zoning Appeals Ma~ 28 02 10:53a M~anical Electrical S~s May 28, 2002 Bomd ofZomng Appews One Civic Square Carmel~ IN 46032 Re: Martin Marietta Materia1s~ Inc.' s Pending Applications Dear Board Members, Please open tonight's hearing to public discussion. Thank you. Sincerely, t--J Rand Gengenbach Kingswood Homeowner 5011 Westwood Circle (31'7'-, 844-7859 U p.l (AX 57/ -Z4 ~6 MAY-28-02 rUE 09:13 FREIHOFER INC FAX NO. 3174642440 P.01 p~ ~ oF :L... May 28, 2002 Board of Zoning Appeals One Civic Square Carmel. IN 46032 Re: Marlin Marietta Materials, Inc.'s Pending Special Use Applications Dear Board Members: Please open tonight's hearing to public discussion. Thank you. Sincerely, .... ~w. F~ Marcus W. FreihoJer Kingswood Homeowner 11136 Bradbury Place Carmel. IN 46033 :\y\~L_ /]1"/''I ;g ~ ~__l...!I / ~ "'~0::> .t. '''./.':> RECEIVED \Q HAY 28 2002 _11:~:1 DOCS /"''-J ^ -< <,D.; \ -r: ik, ~J:-.4~L) ~)~. ,BZIi ~r - VYJ~02./) oZotfJL ........------- ~ ~r. James Stout r;u- 4970 Williams Dr - Cannel, IN 46033-5902 <0 ,~ ~---40/', ~ f ~~ /(A~tCt'vtD \~ . 28 2002 i1\;, DOCS r--. &~k-~~~rv~-~ ~~~~tLr ~ YYl~, ~ ~ tiL.. ~ YJ~ "I /&6!i.sf ~ ~I-'- eJ;uCL"J.; ~ ~) 4~, ~,,-4~~;~" ..r /f-97"J~~4V ~~~. ~,,3~ ~ Ma~ 28 02 08:33a Kell~ Neece 317-575-1923 p.l May 28, 2002 _,,---:::-:7j-r-:---j ~ , ' , ~~-L I!, '",- // -.> - - ~'</ /'-. /-',- "~V' /J// ~~ ~ '~ ~-f ~ ~ \ .;;1 ~ 9:~ I~ :.~ fJt ~ 't:1JJ Board of Zoning Appeals One Civic Square Carmel, IN 46032 Re: Martin Marietta Materials, Inc.' s Pending Applications Dear Board Members, Please open tonight's hearing to public discussion. Thank you. Sincerely, 1~ ~ 14~, Kelly J. Nocco Kingswood Homeowner 05-28-02 08:54 From-Guldant Sales Corporation 31T 9TI 2286 T-568 P.OOI/OOI F-133 May 28. 2002 Board of Zoning Appeals One Civic Square Carmel, IN 46032 Re: May 28, 2002 BZA Bearing 04 Martin Marietta Materials, Inc.'s Pending Spedal Use Permits Dear Board of Zoning Appeals Members: As you ltlay have gathered, there is intense interest and concern over Martin Marietta's proposed mining activities on the Mueller property. There are significant and troubling facts that have not been presented to the BZA to date. Therefore, I respectfully request that me BZA hear public input on the issues tonight. Jeffrey D. 101 et Kingswood Homeowner 11158 Bradbury Place Cannel, IN 46033 u u CITY OF CARMEL Department of Community SelVices One Civic Square Carmel, IN 4E032 (317) 571-2417 Fax: (317) 571-2426 Fax To: ~ u)~ Fax: 43)'7t/33 Phone: o?86-13/3 From: ~ Pages, ..5~ ~ Date: ~ -;;; 3 --02-- Re: cc: o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle - ~o/~r~~' ~ 'I rt:::CVL ~ ~~ ~. of~ tyJ- ~ - , u u CITY OF CARMEL Department of Community SelVlces One Civic Square Carmel, IN 4aJ32 (317) 571-2417 Fax: (317) 571-2426 Fax To: .~~~_ Fax: 0 ~ tJ - ~ 'I L/ Y' Phone: /? -~ F~m:(~ / '.9"'/7 ~-::./~ ~~ Date: ~ -.;?;2 -CJ ? . Re: CC: o Urgent 0 For" Review 0 P.lease Comment D Please Reply o Please Recycle '--l7~ ~ ~ -c_, r- ,85121/2882 14: 31 5187828973 SPECTRA PAGE 82 ~;j ,- . r:..-- 0:, /U.~ May 21, 2002 , ~C,~-;-:T!:,,?>, ,/ ,". / A\ ~V'\ \~\ \~~~~\ ~."~. \ l-~-l i--- ! '.~ i '~ J I ":~7/ "" !,'~_ !J~_C~\,S~;:-/ REi ~ /f;f1,C&VE;1J ;/ OOes lOll; SPECTRA EN<;INEER/NG. P.C. Mr. Mike Holh"b8ugh, Director Department of Community Services City of Carmel One' Civic Square Carmel, IN 46032 Subject: Review of Mining and Reclamation Plan, Sand and Gravel Extraction. Martin Marietta Materials. Inc. Dear Mr. Hollibaugh: We have reviewed the Mining and Reclamation Plan and maps submitted by Martin Marietta (MM) to your office on May 17, 2002. The Mining and Reclamation Plan and the maps are generally consistent with our discussions and comments throughout our review process. , We have some specific comments for your consideration: . Changes to the reclamation plan have been made in negotiations between MM and the Kingswood residents (pages 2-3). The Temporary Berm will now be removed when sand an.dgravel extraction is completed within 750 feet of the south line of Kingswood. Originally, we had recommended that the berm be left in place until all mining was completed on the Mueller property. We have no problem with removing the berm.earlier and undertaking reclamation in this area so long as the Kingswood residents favor this approach. There is no mention of the removal of the fence, and this point should be . clarified, and there is no mention of where reclamation would begin (see next c9mment). We presume that the fence would be removed as well. . Based on the North Mueller Property Typical Sections map, the reclaznatlon south of Kingswood would begin at 31 feet from the property line. We would re,commend that the reclamation begin at 50 feet as previously discussed. Starting at this location would pteserve the landscaping plans that would be implemented when mining begins. We see no benefit to reclamation beginning at 31 feet Additionally, w~ would recommend that near the water's edge, the slope should be decreased to 1:10 to provide a measure of safety for water entry. That slope could be carried laterally for 20 feet. The final slopes NINETEEN BR\TISl-t AMERICAN BOULEVARD · lATHAM. Nl:W YORk 12110 518782.(1882 .518 78M973 ,1351211213132 14: 31 51878213973 SPECTRA PAGE 133 ./;.--"; :J , R, ~ are dependent on the water level, estimated at 722 feet. If the reclamatio:ois~&t-'E; before all mining on the Mueller property is completed, the final elevation could changei J l(}t \~, OOc.~ I.? . With regard to "3.2 Final Reclamation Plans and Objectives/' we want to be:eertain that' the Board Understands that the removal of sand and gravel will expose iro~d'Yater immediately, and as such, there will be no filling of the lake after mining excq,f:fi:otp:' precipitation and runoff. . Please call if you have any questions or need additional infonnation. We look forward to continuing to work with the City of Carmel. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. ~_,r Vice President of Governmental Affairs ,~~ .' 11 BARNES & THORNBURG Mr. Laurence Lillig Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 ~~;:fSJ:TIJ:Z?~ j".,,"/ .&. '<<,\,\ 1""'/ T \.. ~ I;i RECEIVED ~~\ lei MAY 21 2002 Ie') \/\ DOCS 1--! \/\ I~! \~~:;~:21n:Il-~! 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 David R. Warshauer (317) 231-7346 Email: dwarshau@btlaw.com www.btlaw.com May 20, 2002 Dear Laurence: Martin Marietta held the first of two meetings last night with residents of Kingswood. One of the owners of property adjoining Martin Marietta's existing sand and gravel site east of Kingswood submitted the enclosed letter. I would appreciate if you would include this with the other correspondence being provided to the Board. S1f David R. Warshauer DRW/rlj Enclosure cc: Bob Furlong (w/enc.) John Schuler (w/enc.) INDSOl DRW 510046vl Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. ~~~\~1.Ob l meeting place ("~ 4/ ......, ii ..,...- 10 ~ ~~~~~n.e~ ~ l::::.~s~ t~~vv..-~~' \ ~:;;i;5~'!I'- --< \)",,,c;l_.L.C .,i ! A"",,\/ .' '<-..z.. .~. "/ -,( '" .'- ,;;. A ';: \ lc}/ Rb ~ \~/-\ ~~HA y C[jVfD~~.\ i 21 20af) 1--1 S-\~~ ~-\: c1--.~ ~L~ . DOc. ~ /~~/ \~...../\ 'S \ ,...,/"\ ..~( :>.. " ./ /', "<J.l':;7 ':' i" \ ---~_,....L____ . \ ~ ~ ~'^"-~ s ~~ 0.1- . ~ ~ ~~ ~ ~-~o-~. Q,... ~4 "^~~ ~ ~ ~~ ~ \ ~~ ~ ~&..i'o....- \ ) \ ~ ~ ~~~ 't, f<4~~~~'~~,o-\\ t'^^~ '\~?l.) ~~- I ~ '}.ar(!;'~ U--~'" ~~ Vvt~~-- - t ~f~ -to ~ ~ ~. ~o.~ ~~ ~ ~ ~~(J "" -UL.. ~ M kW ~'t ldTh~ . l ~ ~~~ ~ a... ~l1'^~~'v~~c..Jt. ~ \ ~ *'" ~'-<- ~~ ~ -to.... .~ I\'\'-,,^'^"~ ~cMJ0 ~ ~~ ~ - t WL~ -tkJ-~ ~ ~ )d-A O'f?r~9-l ~)~ 0\ ~"",--~C..US> dl~~ urLll /'r'NJI.~l.b~ ~ ~~~~ ~\ ~-\-\' \ ~f'~ ~ ~~"^"^~ O"'~4~'1~J ~ Cl.f~~ 4 ~ ~~~ \f>.-u~",- . '.' c~~ . S-(O~ ~~ Qj~l4L!: (JUcF' Inter-Continental Hotels and Resorts - North America' Latin Amenca . Europe. Middle East. Africa. Asia Pacific The Meeting Place is available at over 130 Inter-Continental hotels around the world. For more details call your nearest Global Sales Office, Inter-Continental hotel or visit: www.interconti.com ". ~.t u . " u ,.. ~, Laurence M From: Sent: To: Cc: Subject: Brewer, Scott I Monday, May 20, 2002 5:39 PM Lawrence, Kelli A; John Molitor (E-mail); Gregory H. Sovas (E-mail); Hollibaugh, Mike P Lillig, Laurence M RE: Department Report for MM To All: Working with Max Williams of Martin Marietta and their consultant J.F. New on proposed landscaping buffering, this issue has come up: along the south side of Kingswood, a fifty foot bufferyard has been proposed. The issue is during the final reclaimation, the BZA issue document says that the reclaimation shall begin at the end of the 50 foot bufferyard, but the reclaimation plan submitted on friday shows the reclaimation beginning at 31 feet from the property's.edge. This would remove everthing planted in the final 20 feet of the bufferyard when the reclaimation is done. I believe that the change was made on the suggestion by Hamilton County Soil and Water Conservation and the Hamilton County Surveyor's Office to lessen the steepness of the final slope to the water for safety issues. Acknowledging safety reasons for a less steep slope at the waters edge, removing 1/2 of the bufferyard as "reclaimation" does not make sense to me, especially if the original agreement was to leave the 50 foot buffer intact. This reclaimation plan would remove most of the new landscaping material planted as buffering since the first 25-30 feet of this area will be used to preserve the mature trees in place now. It does not seem to be logical to plant an area with 430 shade trees that will be removed in 7- 10 years for reclaimation. Perhaps the length of the slope can be shortened by cutting and dropping the grade, and then building a retaining structure from piled stone used from the mining operation. Drainage and access swales could placed along the property line of every second lot to allow for access of maintenance equipment and recreation. This would retain the 50 foot bufferyard without disturbance and allow for a safer grade of 4/1 or 5/1 at the water's final edge. This compromise would allow the retention of the 50 foot buffer, and provide enough room for the safety grading at the water's edge all within the 150 feet alloted as the setback. I am also open to other suggestions or thoughts. I have attached the latest buffering commitment submitted by Martin Marietta. ~ ::armel - Landscape Plan.xls Scott Brewer Urban Forester, City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 (317) 571-2478 -----Original Message----- From: Lawrence, Kelli A Sent: Monday, May 20,20024:18 PM To: John Molitor (E-mail); Gregory H. Sovas (E-mail); HOllibaugh, Mike P Cc: Brewer, Scott I Subject: FW: Department Report for MM Hello, Attached is the draft staff report for the Martin Marietta petition. Please read over it and let me know if I have missed any issues or need to make any changes. Also, please look over the wording carefully. John, especially the comment related to the truck issue(Chucks' issue). I had some trouble writing about the issue of safety next to the park. Greg, do you have any more thoughts about that? Anything you can point to that mitigates the safety issue? I am also attaching Greg's letter regarding the application. Our reports state most of the same ideas. We will send our report along with Greg's letter to the Board at the end of the day tomorrow. Please send any comments to me by then! 1 .\<:. 1 On another note, Scott (Urban ~ter) has been working with the consultanQ. New) hired by MM to produce the landscape plan. Scott is concerned that we are planting a lot of trees in the buffer area that will be removed once the berm is taken down since they are reclaiming (20-30') into the buffer area. He would suggest that no trees be planted in that area if they will be taken down when the berm is removed. Any thoughts on this issue? My feeling is the neighbors would be unhappy if they did not see additional plantings but what Scott is saying does make sense? John, does the settlement speak to the buffer area and what it must include? I wasn't sure if we would be creating a red flag for the neighbors to latch onto by raising this issue? Any thoughts on how to deal with this. Thanks! Kelli 'J::eUi L~ Long Range Planner City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317.571.2417 FAX 317.571.2426 << File: MM.deptreport.5202002.doc >> << File: Carmel Issues home.doc>> <<File: Carmel Issues from BZA.doc >> 2 AREA VEGETATION LENGTH WIDTH ACREAGE BUFFERYARD South side of Kingswood South side of Kingswood East side of park after above East side of park after above North side of 106th Street West side of Hazel Dell Pkwy. West side of Hazel Dell Pkwy. TOTAL Trees 1970 50 Grasses 1970 55 Trees 700 50 Grasses 700 55 Trees 2530 Maintain existing vegetation. Add no trees. Trees 750 2.26 2.49 0.80 0.88 N/A D N/A C N/A B N/A D NOTE: i' . " NO. OF TREES NO. OF TREES SUGGESTED NO. PER 100 FEET OF TREES TO BE PLANTED 19 374 430 N/A 14 98 115 N/A 11 278 235 N/A 19 143 120 893 900 C SECTION 26.4 OF THE ZONING ORDINANCE SPECIFIES THE NUMBER AND TYPES OF TREES REQUIRED. THIS SUBMISSION ADDRESSES THE PROJECT AREA OUTLINED ON THE 1" = 100' PORTION OF THIS MAP. THE BUFFERYARD REQUIREMENTS FOR THE REMAINDER OF THE MUELLER PROPERTY ARE INDICATED ON THE 1" = (SCALE TO BE DETERMINED) PORTION OF THE MAP. THE TOTAL OF 893 TREES REQUIRED WILL BE REALLOCATED TO INCREASE THOSE ALONG THE KINGSWOOD SUBDIVISION FROM 374 TO 430 BASED ON THE CHART BELOW. AREA VEGETATION LENGTH BUFFERYARD NO. OF TREES NO. OF TREES SUGGESTED NO. PER 100 FEET PER OF TREES TO BE REQUIREMENTS PLANTED A - South side of Kingswood Trees 1970 D 19 374 430 A - South side of Kingswood Grasses 1970 N/A N/A B - East side of park Trees 700 C 14 98 115 B - East side of park Grasses 700 N/A N/A C - North side of 106th Street Trees 2530 B 11 278 235 D - West side of Hazel Dell Pkwy. Maintain existing vegetation. Add no trees due to setback from Hazel Dell Parkway. C E - West side of Hazel Dell Pkwy. Trees 750 D 19 143 120 TOTAL 893 900 BARNES & THORNBURG 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 David R. Warshauer (317) 231-7346 Email: dwarshau@btlaw.com www.btlaw.com May 17, 2002 VIA HAND DELIVERY ..::-~\ \ ~f~rI7~.>~~~ /C. ,"\ __~,--.L., ! /~~'" /))>/- -<::Z<~:~; IC;,'; ~ "r\ !:/ ~tCENf.O Sj \3'~;;;j ,n." "'1 2002.....1i..)\ w,-- nl\' a. . I -' \ noes i~=:j \-:\ /L"/ ~:;\. / ....J '" / ~"'" - ~<~>,)I '~"tf..'J :J.~7---r-{\ \ "'0/ ~~~~-1__"L1S// Mr. Laurence Lillig Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 Re: Docket No. UV-23-02: SU-24-02: SU-25-02: V-26-02: V-27-02 Dear Laurence: Enclosed are eight (8) copies ofthe following documents as a supplementary packet to the Board of Zoning Appeals regarding the above docketed petitions: 1. Summary of Information. 2. A revised Mining and Reclamation Plan, containing revisions suggested by Spectra Environmental and Kingswood. 3. Commitments relative to the special use and variance for the Mueller property, revised to reflect certain changes in the Mining and Reclamation Plan. 4. Commitments relative to the use variance for the processing plant location. Thank you for your assistance and please call if anything else is needed. David R. Warshauer Enclosures INDSOl THE 509475 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. I/IILCTRA SPECTRA ENVIRONMENTAL GROUP. INC. SPECTRA ENGINEERING. P.C. May 13,2002 Mr. Mike Hollibaugh, Director . Department of Community Services City of Carmel. One Civic Square Carmel, IN 46032 Dear Mr. Hollibaugh: You requested that Spectra Environmental Group, Inc. (Spectra) provide you with our responses to the comments raised at the Board of Zoning Appeals meeting on April 22, 2002. Both Psalm Wyckoff and I appreciated the opportunity to hear from the Board and from the residents about the issues that were of concern. . One of the more critical comments that were made by a number of the remonstrators dealt with the timing of' the need to pursue the special use permit for the Mueller property rather than waiting for the comprehensive mining ordinance that the City has committed to with our help. The explanation given by David Warshauer representing Martin Marietta Materials, Inc. (MM) is both plausible and reasonable. Mr. Warshauer stated that it was their expectation that the . outstanding litigation with the Kingswood Homeowners Association would have been resolved some time ago, and MM would have had the time to move the processing plant away from Kingswood to across Hazel Dell. MM presumes that they would have secured the special use permit to allow the mining of the Mueller property by this time given that Kingswood would support the proposed special use application as part of the settlement agreement. It appears that MM is out of sand and gravel reserves without access to the Mueller property. Therefore, the only solution for both the Kingswood Homeowners (who benefit from the moving of the plant across Hazel Dell). and MM, is to allow MM to mine the Mueller property. Otherwise, MM is forced to abandon its efforts to move the plant and to continue mining across Hazel Dell precluding the possibility of moving the plant to that location in the future. While we can understand the reluctance of the Board to accept this explanation and to believe that they ate being held hostage for a prompt approval of the speciaI>use permit, the fact is that mining by definition. is consumptive of these non renewable natural resources, and MM must continue to supply its customers, including many public works entities, with these resources necessary for continued economic development. NINETEEN BRITISH AMERICAN BOULEVARD- LATHAM. NEW YORK 12110 518 782-0882 - FAX: 518 782-0973 Mr. Mike Hollibaugh . May 13,2002 Page 2 There is no reason to suggest that. MM does not need these sand and. gravel resources in the immediate future to meet their contractual obligations. While some would argue that it is not the City's responsibility to ensure the viability ofMM, the fact is that MMis along-time member of the Carmel c9mmunity, and mining here preceded much of the development that noW surrounds the mine. Our responsibilities, as the consultant to the City, is to assist the City in the development of an overall comprehensive approach to mining through the adoption of a.mining ordinance or other vehicle that would require mining entities, including MM, to submit both mining and reclamation plans for consideration to the City. The primary concerns that we have heard to date deal with the expansion ofthe hard rock quarry and the environmental impacts, such as blasting and groundwater hydrology. This proposed special use permit is exclusive to the mining of sand and gravel without blasting: While there are other considerations such as the impact on the City's wells, the environmental impacts are not significant although some of the nuisance impacts are. of concern to the homeowners. Spectra has endeavored to recommend to the City and to MM what we deem to be acceptable, in our professional judgment, to mitigate any potential environmental impacts and to recognize that mining on the Mueller property will impact the residences of the Kingswood Subdivision. In that regard, we recommended a number of changes to the initial MM plan that have now been incorporated. These changes,. among a number of others, include. the fence and noise and visual barrier as well as sloping for the temporary and final reclamation of the site. Based on our experience, we believe that we have mitigated the environmental and nuisance impacts to the maximum extent practicable. Therefore, we believe that waiting for the adoption of the mining ordinance before proceeding with the special. use permit for the Mueller property is not in anyone's best interest and will only serve to delay decisions for MM. As we discussed, the primary focus of the mining ordinance will be on the quarry and not the mining of sand and gravel resources. Weare confident that the narrative and the mining and reclamation maps that we have required from MM are no different from what we would have required under an ordinance. In other words, the information that we have required to date would be no less restrictive than what would be acceptable in the mining ordinance. To that end, we recommend approval of the special use permit as expeditiously as possible, based on the existing narrative and mining and reclamation plan submitted to date, so that the processing plant can be moved across Hazel Dell. We have enclosed additional comments on issues raised af the April 22, 2002 meeting of the Board of Zoning Appeals. Mr. Mike Hollibaugh May 13, 2002 . Page 3 As always; we appreciate the cooperation that we have received from all of the parties, and we look forward to working with the City in the future. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. ~ H. Sovas, P .E. resident of Governmental Affairs GHS/tCj Attachment 0:200 I/O 1233/textlreports/Carmel Issues home Public Issues from the Carmel Board of Zoning Appeals Hearing April 22, 2002 1. Diminishing property values Response: There is no evidence to suggest that mining in proximity to residential areas diminishes property values. While studies are both subjective and site-specific, the NYS Department of Environmental Conservation has confronted this issue in the matter of the siting of a mining operation. That study indicated that there was no impact to property values in proximity to a mine. With regard to Carmel and the Kingswood Subdivision, it was noted at the hearing that Martin Marietta's mining operation preceded Kingswood, and there was no indication that the homeowners who currently live in the neighborhood were reluctant to purchase their current residences that are adjacent to the mining operation. Mines constitute open space, and as such, are valuable to long-term community planning, particularly in areas of residential housing pressures. After reclamation, it is logical to expect that property values will be enhanced, and some of the residences along the southern border that would be the recipient of an additional 150 feet of lakeside property could see significant increases in property values. 2. Oil or gasoline spills into the aquifer Response: Spectra had recommended that a stipulation be added to MM's Mined Land Use Plan that would obligate them to immediately notify the City in the event of a spill. While the probability of contamination of the City's water supply is very small, it is prudent to require the immediate reporting of a spill. Then the City and MM can take immediate corrective action, including the cessation of pumping from the adjoining wells, until the situation is remedied. 3. Delay to ordinance Response: As is discussed in the body of the transmittal letter, there is no logical reason to delay the mining of sand and gravel while waiting for the enactment of a mining law or ordinance. The primary impacts to Carmel and its residents are the result of the hard rock quarry operations and not the development of the sand and gravel resources. 4. Blasting on the Mueller property, blasting under Kingswood Response: There is no blasting associated with the development of sand and gravel resources on the Mueller property. If MM pursues the continued development of the hard rock quarry, Spectra has recommended that additional studies be done before the operations could be approved. Such studies would include (1) isoseismic investigations on the timing, direction, and size of blast to determine the overall impacts of blasting, and (2) air overblast and noise. While blasting is not a consideration in this special use application for sand and gravel mining, MM has not proposed blasting and mining under the Kingswood Subdivision. The last proposal for underground blasting near Kingswood offset the property boundary by 500 feet. 1 5. Overburden removal hours of operation: why sunrise to sundown Response: Initially, the removal of topsoil and overburden will occur so that the visual and noise barrier can be established on the southern border of Kingswood. Removal of topsoil and overburden will be phased to minimize erosion and dust problems. With regard to the hours of operation, it is preferable to have established hours of operation (6 a.m. to 10 p.m.) so that the public, the City and MM have a clear understanding of what is expected. For the limited during which topsoil will be stripped, hours of operation for removal of topsoil and overburden could be adjusted based on the City's recommendations. 6. Minimizing noise and dust Response: As stated above, dust can be minimized by only removing topsoil and overburden from that area to be mined during the current production season on the Mueller property. MM will not disturb areas to be mined in the future to ensure erosion and dust problems are kept to a minimum. With regard to the dredging operation, there is virtually no dust generated from that operation, so after the initial removal of topsoil and overburden, there should be no significant dust problem. If conditions warrant during the removal of overburden and topsoil, MM will employ water trucks to water down any haul roads as necessary. With regard to noise, the dredging operation is generally very quiet. Kingswood residents have lived with both the dredging operation and the processing plant for some time on the eastern side of Kingswood. To ensure both a visual and a noise barrier, Spectra recommended and MM will build a berm on the southern side of Kingswood. The barrier will act to further mitigate any noise impacts. 7. No written reclamation plan and sloping Response: The reclamation plan submitted by MM could be expanded and detail added. However, there is no certainty on the final elevation of the lake, although it has been estimated at 722 feet. MM has stipulated to reclamation of the area being mined. At the time of submittal, several proposals were made with regard to the slope. Additionally, there have been different proposals to reclaim the area starting the slope at 50 feet from the original Kingswood Subdivision property line and others starting at the water line and moving back towards Kingswood. In any event, MM will be obligated to reclaim the area to the satisfaction of the City. 8. Sloping of lake edges Response: As note above, there have been different sloping plans proposed. One of the proposals suggested a flatter slope at the water's edge and into the water (1: 10 slope) for the purpose of creating a safer entry into the water. Spectra has designed a number of water- based reclamation projects where a recreational shore was created. In those cases, Spectra has implemented a more gradual slope as has been recommended. The slope of the shoreline should be flattened as suggested by a number of remonstrators. 2 9. Study on water withdrawal, hydrology study Response: Spectra has indicated to the City and to MM that a hydrogeologic study is needed before the hard rock quarry expands northward. The primary reason is that additional groundwater will enter the quarry and will need to be discharged to a receiving body. The impact of additional water entering and being discharged needs to be assessed. The study has been commenced by a consultant to MM. One of the initial charges to the consultant was to estimate the final elevation of the water level in the lake (722 feet). That estimate gives MM an indication of the starting point of the reclamation plan. The City's wells to the west will be influenced by the lake. The City personnel are well aware of the potential impacts and will continue to work with MM on all aspects of water supply and withdrawal from both MM and adjacent properties where impacts can be expected. 10. Legality of deeding property Response: The legality of deeding property is a matter to be handled by MM in conjunction with City attorneys. This comment is not appropriate for a response from Spectra. 11. Use of park and processing plant next to park; no security berm Response: Moving the processing plant across Hazel Dell is very desirable for the residents of Kingswood and is the central reason for the processing of the special use permit to allow sand and gravel extraction on the Mueller property. The park property was previously owned by MM and deeded to the City. The City will work with MM to ensure the compatible uses of both the park and the processing plant. 12. Blasting and window seals broken Response: Blasting is not involved in the extraction of sand and gravel from the Mueller property; therefore, the concern is not relevant to the instant application. As noted above, Spectra has recommended that an isoseismic study be done when the hard rock quarry face is expanded northward. 13. Community character out of context with Carmel Response: Community character issues need to be handled at the local level and are not within the purview of Spectra's responsibilities. 14. Berm; hours of operation; 14 years or more; should be time limit Response: Spectra has recommended and MM has included in their plans the following: (1) a six foot chain link fence will be placed 50 feet from the southern Kingswood property line; (2) ten feet beyond the fence will be an 8 foot high berm on a 1: 1.5 slope, resulting in a berm that is 8 foot high with a 24 foot base; (3) the berm will be constructed with overburden and topsoil that is removed from the Mueller property; (4) the berm will be in place from the time mining commences to completion of the mining, estimated at 14 years. The estimates of 3 mining and production in terms of years is likely the maximum number of years that mining will occur; there is no time limit defined for the maximum number of years. 15. Land reclamation; difficult to do reclamation Response: Concurrent reclamation will be difficult because of the berm and other unknowns such as the ultimate level of the lake. Reclamation will occur from the 50-foot line to and beyond the water line of the final lake. All areas will be stabilized during mining, and only the area to be mined in the current production season will be stripped in advance. MM has committed to reclamation of the entire property after mining has been completed, in an estimated fourteen years. 4 '"'" {...,'t -i.' . Martin MarietQ Aggregates Q ~ Indiana DIstrict Office 1980 East 116th Street, Suite 200 Carmel. Indiana 46032 Telephone (31 n 573-4460 Fax (31 n 573-5975 b J::,. ~ __,\, r'e:iRI \C)~rr';;:'\'0 ,':;\\}) \'r\\[.:,0?t-', 'l1~r,1'\ 1,r':' 1~ L\L;i. I, \ \\ ooes ;';\ ,'/ \/':-'''- ~<~" / '. .' r'~- ---,.<\, v , '-..!. .!~~~!l:,,::,,_>/ September 5, 2001 Mr. James Mohow Indiana Department of Natural Resources Division of Historic Preservation and Archaeology 402 West Washington Street Room W274 Indianapolis, Indiana 46204-2748 Re: Litfin Archaeology Report 162-Acre Tract Near Carmel Dear Mr. Mohow: Per the September 4, 2001 letter from Jon C. Smith and our phone conversation today, Martin Marietta plans to avoid Site 12-H-217 from disturbance by mining activities for the immediate future. I have requested that Jim Litfin of ASC Group give me a cost estimate for doing further investigation. Depending on this estimate and our future plans, we may decide to mitigate the site so that it can be disturbed. I trust that this letter satisfies Mr. Smith's request. Please contact for any questions you have regarding this matter. Sincerely, '-;j),1Yl y7J~ D. Max Williams Senior District Engineer DNR U Q Frank O'Bannon, Governor Larry D. Macklin, Director ;t, ~ .. Indiana Department of Natura' Resources Division of Historic Preservation and Archaeology 402 W. Washington Slreet, W274 Indianapolis, IN 48204-2748 PH: 317/232-1648 FAX: 317/232-0693 dhpa@dnr.stale.in.u. September 4, 2001 D. Max Williams Senior District Engineer Martin Marietta Aggregates Indiana District Office 1980 East 116th Street, Suite 200 Carmel, Indiana 46032 Re: The archaeological reconnaissance report (Litfin and Rahe 06/27/01) for a 162 acre tract in conjunction with proposed aggregate mining Dear Mr. Williams: In response to your request, we have reviewed the archaeological surface survey for the above project. Based on the information recovered by the archaeological surface survey, we concur with the conclusions and recommendations of the archaeological contractor. As it is currently known, site 12-H-217 may contain significant information relating to the early historic settlement of central Indiana. As such, the site is potentially eligible for inclusion in the National Register of Historic Places. Given its potential significance, site H-217 should be avoided by all project disturbances. If such avoidance is not feasible, we would recommend that the site be further investigated by means of archaeological test excavation, so as to better determine its significance. Any further investigation of the site should also include a more detailed search of historic documents to better define the sites age and significance. If the site is found to date to before December 11, 1816, it would be protected under IC 14-21-1-29. As some artifacts from the site could date as early as 1790, it is possible that the site would be so protected. The other sites investigated by the archaeological survey (12-H-12, 90, 218, 219, 751, 826 through 829) do not appear likely to meet the minimum criteria for inclusion in the National Register, and no further investigation of those sites appears to be warranted. Please advise our office as to how you intend to proceed regarding the avoidance or further investigation of site 12-H-217. We appreciate the efforts of Martin Marietta Corporation to properly identify and evaluate heritage resources within the proposed mining area. If you have any questions regarding this matter, or if we can be of further assistance, please contact Dr. Rick Jones or Jim Mohow at (317) 232-1646. ~c~ Jo C. Smith Di ector, D' ision of Historic Preservation and Archaeology JCS:JAM:jam An Equal Opportunity Employer Printed on Recycled Paper 84/23/2882 88:32 317-776-1181 HAMILTON CO USDA PAGE 81/81 NATURALRE 0 CES PLAN REVIEW OMMENT Hamilton County Soil and Wa r nservation District 1108 South 9tta Street, No I e IN 46060 Ph- 317-773-1432 or Emailat ohn south@iaswcd.org Project Name- Sand and Gravel Extraction 0 the Mueller Property Engineer- John B. South P.E. 0.1 CertIfied Pfofesslonal '" t!fo~Jol~d SedJ ~r-.--;.-::+::.,- -.-_~ /'~ \' '."! --...", /.- \,.J..-'- ~-- ,"~ "- ;( ')/'! / >";- f'~,/> fR1~e~~'I#~fQ) , <\ I, J \_.;\ APR 23 2002:=~; \ ' DOCS i_.1 <<,-,';/ . \ '." / OwnerlDeveloper- Mr. Max Williams Martin Marietta Materials In 1980 East 11~ Street, Suite 00 Cannel, IN 46032 Reviewed By: Plan Review Date: April 22, 2002 SoUs Information: Soils are suitable for the inte I have reviewed the plans for this project and have e fo lowing comments: 1. Reclamation should confonn or be better guidelines. 2. The 3: 1 slope from waterline to existing gra e sh uld be flatter. A 60 I long 3: 1 slope is not appropriate for future residential use. A atte slope or one with benches would be safer and easier to maintain. This type of slo e is ore appropriate in not residential areas. 3. A safety ledge is needed around the total Surveyor's details for examples. 4. The lake edge needs to be left in a manor th wil not actively erode due to wave action. 5. The land waiting to be mined should be pi ed' grass or farmed. It should not be left to grow up in weeds or left fallow. 6. An erosion control plan meeting the require 7. Sand and gravel is a valuable resource for In . ana Mineral Aggregates Association Should you have questions concerning these co of Rule 5 will need to be submitted. unity and should be utilized. et r of the pond. See Hamilton County Cc: Laurence Lillig, Carmel DOCS Steve Cash, Surveyor Steve Broennann, County Highway File ... ~. u u ~ .!:!!!!P, Laurence M l!J Hollibaugh, Mike P Friday, April 19, 2002 4:43 PM 'gsovas@spectraenv .com' ~C"-','!-i>:,-,. Hahn Kelli A" Lillig Laurence M0...:>--L-'-_J-..I'~\; , " /, '-'/ ~ SPECTRA recommendation~.o. nJ)Uffer.df /./> ~ '-;/ "Ii 0\ /' '. \10" ~t . ~~~re~(Q) '- r;~\ APR 22 200" ~ '--'\ ' \-:\ DOCS \<<~ y>; r;~ ~(j...?1 . From: Sent: To: Cc: Subject: SPECTRA )mmendation on bu Thanks Greg for the letter. Our comments/feedback our typed in Look forward to hearing from you Mike 1 .. Mr: Mike Hollibaugh o April 18, 2002 f..) Page 2 Dear Mr. Hollibaugh: As part of our discussions with Martin Marietta Materials, Inc. (MM), the City of Carmel, and the Kingswood homeowners' groups, we have reviewed various proposals related to the setback and buffer between the Kingswood subdivision and MM's proposal to mine sand and gravel on the Mueller property directly south of the Kingwood subdivision. While all parties have sought to achieve unanimity on the design of the buffer area, it is apparent that a final determination could not be achieved that was protective of the public and mitigated the potential visual and noise impacts. It is our professional judgment that the following recommendations are protective of the public safety and in the best interests of the adjacent Kingswood subdivision residents, recognizing that compromises need to be made to accommodate the interests of all concerned: (1) A buffer of 50 feet from the property line of the subdivision should be established. The area should be landscaped in accordance with the City's requirements. All efforts should be made to protect the existing trees and to use the landscaping requirements to complement the final landscape plan. The landscape plan should be implemented immediately. Comments: The existing trees along the property line are more substantial than originally thought, however, supplemental plantings will be necessary to complete the buffer. A detailed landscape plan should be prepared for review and approval by the urban forester, that addresses those areas where additional landscaping will be required. (2) A 6-foot chain link or similar fence should be erected at the 50-foot line before any mining is commenced. The area from the fence line to the property line of the adjoining Kingswood subdivision owners should be conveyed (using an appropriate legal vehicle) to the adjoining homeowners for their exclusive use before mining commences. Comments: a. Chain link fence should be black vinyl coated (per Tom, agreed to by MM). b. Is the intent of the fence to enclose all sides of the extraction operation or just along the north and west property lines?? MM should add the fence to their plan maps. c. The second part of this recommendation, relating to conveyance, should be moved to your #5. (3) An 8-foot temporary visual and noise barrier should be established beyond the fence line by the use of topsoil and overburden to be removed in the mining area. The barrier should be 8 foot high and have a base of 24 feet (1: 1.5 slope). The visual and noise barrier should be seeded with grasses, wildflowers or appropriate vegetative cover Mr: Mike Hollibaugh (.) April 18, 2002 o Page 3 consistent with the City's requirements. The temporary barrier should remain for the life ofthe mining activity on the Mueller property south of the Kingswood subdivision. Comments: 1. At T AC it was recommended (and agreed to by MM) the slope into the water be 4: I (or 1:4 in NY) to a point 2' below the surface. 2. A 10' safety ledge would built, another slope (3: I) for ten more feet. 3. The mound would remain in place until the end of phase 3. (4) After mining is completed on the Mueller property south of the subdivision, MM should (a) remove the fence, (b) remove the visual and noise barrier, and (c) should reclaim the mining area from the former fence line (at 50 feet) to the edge of the water. The water line is estimated to be 150 feet from the property line at Kingswood, and MM would reclaim on no more than a 1:3 slope back from the edge of the water (estimated water level at 722 :C feet). Reference comments above re: #3 (5) After final reclamation MM should make every effort to convey the property from the waterline to the adjoining property owners for their exclusive use. That area is estimated at 150 feet, including the initial 50 feet that was conveyed at the commencement of mining on the Mueller property. Comment: Our earlier understanding was that the entire 150' of land would be conveyed after phase 7 of the operation is completed. Can you help us understand the advantages of the two phase conveyance. The temporary visual and noise barrier along Kingswood, will preclude concurrent reclamation. While some reclamation of the area beyond the barrier to near the water will be done to minimize erosion and fugitive dust, MM will be unable to accomplish final reclamation until the barrier is removed and the lake reaches its final level. In general, concurrent reclamation cannot be done in water-based reclamation because the mining activity is continuing, and the sloping of the banks is dependent on the final elevation of the water body. With water-based reclamation that may be used for recreational wading and swimming, consideration should be given to even a lesser slope from the water's edge into the water for a distance often feet or more from shore. In summary, we believe that the recommendations set forth here (a) are protective of the public safety, (b) recognize the short-term impacts of both noise and visual by constructing the temporary noise and visual barrier, (c) ameliorate the temporary impacts of mining by allowing the private use of the additional 50 feet of landscaped area bordering their property, and (d) recognize the long term concerns of the adjoining landowners by making land available to these homeowners on the water's edge, thereby guaranteeing their privacy for the future. .. Mr: Mike Hollibaugh (,) April 18, 2002 o Page 4 This is a great letter, we are thankful for your assistance/contribution, see you on Monday If you have any questions or need additional information, please do not hesitate to call. As always, we appreciate the cooperation that we have received from the homeowners and Martin Marietta, and we look forward to continuing to work with the City of Carmel in a comprehensive resolution to the mining and reclamation issues. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. Gregory H. Sovas, P.E. Vice President of Governmental Affairs GHS/tCj G: 200 I/O I 233/textlcorrespondence/Letter 2 ~~t< :/ ~ \~I1JIQ4~~. . ',r~ ~ 1m .~ ~~~~~~ <&J =\ ~~\\ . \9 1~~1 ~ f:D) \)ocs J \~ V~';:I '-.l:;:'~ /' ' '.z I -(.'"J\ ')!~I \'0 ,~-~!~. u o As part of our discussions with Martin Marietta Materials, Inc. (MM), the City of Carmel, and the Kingswood homeowners' groups, we have reviewed various proposals related to the setback and buffer between the Kingswood subdivision and MM's proposal to mine sand and gravel on the Mueller property directly south of the Kingwood subdivision. While all parties have sought to achieve unanimity on the design of the buffer area, it is apparent that a final determination could not be achieved that was protective of the public and mitigated the potential visual and noise impacts. NINETEEN BRITISH AMERICAN BOULEVARD. LATHAM, NEW YORK 12110 518782-0882. FAX: 518 782-0973 It is our professional judgment that the following recommendations are protective of the public safety and in the best interests of the adjacent Kingswood subdivision residents, recognizing that compromises need to be made to accommodate the interests of all concerned: (1) A buffer of 50 feet from the property line of the subdivision should be established. The area should be landscaped in accordance with the City's requirements. All efforts should be made to protect the existing trees and to use the .landscaping requirements to complement the final landscape plan. The landscape plan should be implemented immediately. (2) A 6-foot chain link or similar fence should be erected at the 50-foot line before any mining is commenced. The area from the fence line to the property line of the adjoining Kingswood subdivision owners should be conveyed (using an appropriate legal vehicle) to the adjoining homeowners for their exclusive use before mining commences. (3) An 8~foot temporary visual and noise barrier should be established beyond the fence line by the use of topsoil and overburden to be removed in the mining area. The barrier should be 8 foot high and have a base of 24 feet (1:1.5 slope). The visual and noise barrier should be seeded with grasses, wildflowers or appropriate vegetative cover consistent with the City's requirements. The temporary barrier should remain for the life of the mining activity on the Mueller property s()uth of the Kingswoodsubdivision. //IILCTBA SPECTRA ENVIRONMENTAL GROUP, INC. SPECTRA ENGINEERING, P.C. April 18, 2002 Mr. Mike Hollibaugh, Director Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Dear Mr. Hollibaugh: .., "'7'-' 0:- 'l'Mr. Mike Hollibaugh u April 18, 2002 o Page 2 (4) After mining is completed on the Mueller property south of the subdivision, MM should (a) remove the fence, (b) remove the visual and noise barrier, and (3) should reclaim the mining area from the former fence line (at 50 feet) to the edge of ,the water. The water line is estimated to be 150 feet from the property line at Kingswood, and MM would reclaim on no more than a 1:3 slope back from the edge of the water (estimated water level at 722 :!: feet). (5) After final reclamation,MM should make every effort to convey the property from the waterline to the adjoining property owners for their exclusive use. That area is estimated at 150 feet, including the initial 50 feet that was conveyed at the commencement of mining on the Mueller property. The temporary visual and noise barrier along Kingswood, will preclude concurrent reclamation. While some reclamation of the area beyond the barrier to near the water will be done to minimize erosion and fugitive dust, MM will be unable to accomplish final reclamation until the barrier is removed and the lake reaches its final level. 'In general; concurrent reclamation cannot be done in water-based reclamation because the mining activity is continuing, and the sloping of the banks is dependent on the final elevation of the water body. With water-based reclamation thatmay be used for recreational wading and swimming, consideration should be given to even a lesser slope from the water's edge into the water for a distance often feet or more from shore. In summary, we belieye that the recommendations set forth here (a) are protective of the public safety, (b) recognize the short-term impacts of both noise and visual by constructing the temporary noise and visual barrier, (c) ameliorate the temporary impacts of mining by allowing the private use of the additional 50 feet of landscaped area bordering their property, and (d) recognize the long term concerns of the adjoinipg landowners ,by making land available to these homeowners on the water's edge, thereby guaranteeing their privacy for the future. If you have any questions or need additional information, please do not hesitate to call. As always, we appreciate the cooperation that we have received from the homeowners and Martin Marietta, and we look forward to continuing to work with the City of Carmel ina comprehensive resolution to the mining and reclamation issues. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. ~ rego . Sovas, P .E. Vice President of Governmental Affairs GHS/tCj G: 290 l/O 1233/text/correspondenceILetter 2 - -, .....-./ .-"'."] ~..... ;- ,~ u . . 0 //IILCTRA - , April 18,2002 ..;~\\ :.7 ~~rc' t~\ I--{ APR ~frf~@ t:=1 \:J . 19 2()()2t;~~! \\t:\ DocS . I....?-- V.~ . i:..: <t . ~'V "*~I ~ f';!{\< '/ ~ SPECTRA ENVIRONMENTAL GROUP. INC. SPECTRA ENGINEERING. P,C, Mr. Mike Hollibaugh, Director Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Dear Mr. Hollibaugh: Spectra Environmental Group, Inc. (SPECTRA) has reviewed the "Mining and Reclamation Plan, Sand and Gravel Exploration by Martin Marietta Materials, Inc." for the North Mueller Property, submitted to the Carmel-Clay Board of Zoning Appeals (BZA) on Friday April 12, 2002. . Based on our review, the mining and reclamation plan for the North Mueller Sand and Gravel Operation comprehensively addresses the issues and concerns identified in our discussions with the City, the Kingswood homeowners, and Martin Marietta (MM). We believe that the documents submitted on April 12 are responsive to our earlier comments and are sufficiently detailed for our final review and recommendations. , We offer the following comments: (1) 2.2, Mining Method With regard to the discussion on the use of petroleum products and refueling, the City should require the immediate notification of a spill by Martin Marietta because of the proximity of City wells. (2) 3.1 Reclamation Methods and Schedule While evident from the succeeding section, this section should identify that. the temporary noise and visual barrier south of Kingswood will be removed as part of final reclamation. (3) 3.2 Sequential Reclamation Plans , Concurrent reclamation can occur on lands between the temporary visual, and noise barrier and some distance from the water's edge. Because of the uncertainty of the final water elevation (estimated at 722*- feet), final concurrent reclamation cannot occur near NINETEEN BRITISH AMERICAN BOULEVARD. LATHAM. NEW YORK 12110 518782-0882. FAX: 518782-0973 ,,",' ~/~ - *'~ Mr;Mike Hollibaugh o April 18, 2002 o Page 2 r' the.water's edge. MM.could temporarily reclaim this area to limit erosion and fugitive dust. (4) 3.4 Disposition of Buildings, etc. For clarity purposes, "Screening berms will be retained" should be amended to read, "Screening berms north of l06th St. will be retained." (5) A more detailed landscaping plan cshould be created for the 50-foot area adjacent to Kingswood in consultation with the City planners. The plan should, to greatest extent possible, complement the existing vegetation. (6) SPECTRA has identified the proximity of the City wells and the hydraulic connection with the lake as an area that needs additional. investigation and cooperation between the City and MM. MM is undertaking a comprehensive hydrogeologic study as a result of discussions concerning the proposed expansion of the hard rock quarry. The sand and gravel extraction at the Mueller property is a small component of the overall study. SPECTRA has discussed the potential issues with the City officials who are aware of the need for additional hydrogeologic studies. The City officials have extensive experience in working with MM, and we are confident that both parties will work cooperatively to ensure the quality and quantity of the City's water supply. With the exception of the immediate notification to the City in the event of a spill, our comments are only minor clarifications. We recommend approval of the project as described in the Mining and Reclamation Plan. Psalm . Wyckoff, StaffHydrogeologist, and I will attend the Board of Zoning Appeals meeting on April 22nd and will be available to answer and questions that may arise. Should you need clarification or additional information, please call. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. ibso:!::: Vice President of Governmental Affairs G:/200J/OI 233/text/correspondencelRecommendations on MM Mine Plan to Hollibaugh APR-19-2002 FRI 06:42 AM FSIP DIV MATERIALS GROUP FAX NO. 317 818 8646 p, 01 Carmel Clay Board ()rZoning Appeals c/o Ms. Ramona Hancock City orCarrnel Carmel, Indiana 5000 Huntington Dr. Cal'meJ, IN. 46033 April 6, 2002 /<<\\I!T]!'-". ;:: ~. .. f.>' 1- /-- lfS''is''''''r~~'' - A~~"O""':.IIV):~iLl.J ,. r;1 19 ;:1'11 i -. "- DOCS Rc: I learing April 20 Martin Marietta Zoning ofPropcrty located on 106tl1 Street in Carlllel-. Special Approval Request Dear Commlssl011ers: r am writing to nrote". Martin Marietta'S proposed expansion of mining operations. T am a resident ofthe KingswooJ Subdivision which adjoins the property which Martin Marietta wishes to mine and eventually turn into a lake. '[his application is or great concern to my family. We purchased our house on the as!\ul'nption that the property in question was zoned residential; in fact, on St. Charles PI. there are the b~gil1nings of a residential road leading into the property. ln addition, Cannel/Clay Zoning Ordinance requires a 300 ft minimum perimeter Natural Open Space buffer when mineral extraction is being proposed. Por Martin Marietta to expect all of the above pre-oonditions to be ignored at this time wonld make city ordinal1ces and zoning regulations meaningless. Property owners and home huyers alike rely on these when making decisions affecting the lives of their families. Citizens should be I.lble to depend on the intent of city government. Turning said property into an industrial site would infringe on my right of quiet enjoyment or my home. Having nil operation of this nature close to residential property would surely be detrimental to property values. There are noise, safety, and pollution issues, all of wl1ich n~gatively impact any adjoining residential area. Therefore,l personally would be forced 10 bear the cost of Martin Marietta's expansion. Keeping all this in mind, I hope that the Carmel Clay Board of Zoning Appeals will reiect Martin Marielta's "Special Use Approval Reqoest". Thank you in advance for protecting the interests of concemed homeowners. ..SincGrelY\L/ ' - n IJLJ.. r:<-.--c-cr(....~ ' (') ~{.Lf /tur &:..~ 1;,,t."7>- r 0--- , Gl~l and 7~lgard KmCalQ --'. .!:!!llP. Laurence M u u From: Sent: To: Cc: Subject: david.warshauer@BTLaw.com Thursday, April 18, 2002 9:51 AM LLillig@ci.carmel.in.us mhollibaugh@ci.carmel.in.us Last night's TAC Laurence, Just wanted to tell you that I thought you did an excellent job last night nning what was potentially a difficult meeting at the end (at Ie t for meetings) of a very long day. I thought it was productive and e MM gu s are working on the issues raised. Thanks. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. ~, 1 I U BARNES & THORNBURG u 11 South Meridian Street Indianapolis. Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 Thomas H. Engle (317) 231-7499 Email: tengle@btlaw.com www.btlaw.com April 18, 2002 VIA FEDERAL EXPRESS Mr. Laurence Lillig Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 Re: Docket Nos. U-23-02: SU-24-02: SU-25-02: V-26-02: V-27-02 Dear Mr. Lillig: On behalf of Petitioner, Martin Marietta Materials, Inc., I am enclosing two original notarized proofs of publication from the Daily Ledger, thirty-four (34) green cards from the notices to adjacent property owners, and the original Affidavit of Notice of Public Hearing. Thank you for your assistance in this matter. Sincerely, ~y Thomas H. Engle, Esq. Enclosures INDS01 THE 502199 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. BARNES&THO~URG u 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 Thomas H. Engle (317) 231-7499 Email: tengle@brlaw.com www.bdaw.com April 17, 2002 VIA HAND DELIVERY Mr. Laurence Lillig Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 Re: Docket No. SU-24-02: SU-25-02: V-26-02: V-27-02 Dear Mr. Lillig: Enclosed are ten (10) revised copies ofthe proposed commitments relative to the above-listed land use applications for the Mueller property. Paragraph 4(a), pertaining to the future sale of portions ofthe buffer strip to the adjacent landowners, was inadvertently left out ofthe version sent with the board packets. We apologize for the confusion. Thank you for your assistance. Sincerely, Enclosures INDSOI THE 502018 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. ;;- -,.., f" ~" u u , ~It'!:!!!!p, Laurence M /~ From: Sent: To: Subject: Hahn, Kelli A Tuesday, March 26, 2002 3:04 PM Lillig, Laurence M; Gregory H. Sovas (E-mail);.pwyckoff@spectraenv.com. FW: Comments on MM Special Uses ....-c:;~-..,....;.~, \ \ 0.) , '-OJ}!;' Y\ '.. ".... , : ~';v~'<':. !-Y ~ -'!!. 1~1 . ~~ ..'\ gJ_ 41'/1 ~~b \0:" 7~~ l" ~tA ~ '\' I \~':\~~ DOCS fill '(~ ~ 1:(;2 Mike, (ill Thanks for the update this morning. Attached are my comments for TAC review. Should you or Lawrence wish additional clarification, feel free to call me to discuss. It is my request that these comments be furnished to TAC for their April 17th meeting, as well as to Spectra for their technical review. For your review. -Original Message- From: Tom Yedlick [SMTP:tomyed@in.net] Sent: Tuesday, March 26, 20021:12 PM To: 'Mike Hollibaugh' Cc: 'Wendling, Bill' Subject: Comments on MM Special Uses I repeat here my concern about docketing these applications for the April 22nd meeting. I believe the BZA's rules of procedure require packets and the Department report be sent to members 10 days before a hearing. Since these applications are not scheduled for TAC review until April 17th, this will not allow for the BZA to receive their information under their rules of procedure, or it otherwise implies that the information will not be complete. I fully understand MM's time constraints, however this is a situation they have created. Kingswood and the City can be accommodating, however this would require timely response to the comments I am providing by attachment, as well as any additional TAC comments and the review by Spectra. This is not a time for hedging or last minute surprises or filings. Delaying the BZA hearing until May will not destroy any of MM's ability to run their business as they can continue to mine east of Hazel Dell, and it will allow all parties reasonable time to consider all aspects of these applications. I do expect to attend the April 17th T AC meeting and be available to respond to any questions, and I request an opportunity to discuss these comments with Spectra as part of their review. Thanks again for you time and the professional manner these matters are being handled. Tom Yedlick ~ Additional >mmitments for Spe Office 844-0141 x253 1 . . . -" ~ $ "' u u /) Additional Commitments for Special Use I) Written description of proposed operations for dredge mining, including a list of equipment to be used (including dredge, pumping stations, etc.) that may impact noise pollution. Indicate current average and maximum decibel levels from MM operations at site boundaries and comparable levels to be expected from operations on the Mueller property. Hours of operation for dredging operations not to begin before Y2 hour after sunrise and end Y2 hour before sunset. No dredging operations to be conducted on weekends or holidays. 2) Written description of the noise abatement features that will be incorporated at the relocated site of the processing plant. Indicate the current average and maximum decibel levels from MM operations measured at current adjacent properties and the average and maximum levels being proposed at the relocated site. 3) Report by a qualified environmental engineer evaluating the noise level commitments in 1) and 2) above as consistent with residential zoning. 4) Indicate methods and practices for wastewater recovery and recycling, indicating that wastewater from dredging operations will be recovered on the east side of Hazel Dell and recycled back to the west side of Hazel Dell. 5) A mining sequence plan indicating that the sequence of sand and gravel extraction on the Mueller property will be completed south of Kingswood first before the balance of Mueller property. 6) Commitment that Martin Marietta will complete sand and gravel extraction on the Mueller property north of I06th Street prior to beginning any sand and gravel extraction south of 106th Street, or on Martin Marietta property north of I06th Street. 7) Commitment that Martin Marietta will complete sand and gravel extraction on Martin Marietta proferty north of I06th Street prior to beginning any sand and gravel extraction south of I06t Street. 8) Reclamation plan indicating reclamation sequence concurrent with the mining sequence. A written description of landscaping and berms to be provided during and after extraction between Mueller property and Kingswood. The stripping process should be performed in such a manner as to control the migration of sediment outside the affected area. A Storm Water Pollution Prevention Plan (SWPPP), including the effects of overburden removal, should be developed. Plan for retaining sufficient overburden on-site to complete the reclamation plan should be included. 9) A written commitment as to the use and maintenance of the Mueller property prior to overburden removal. ,.. I ,4~ r. .. .. u u <' "'.- 1 0) Final landscape plan prepared by a landscape architect and acceptable to a majority of Kingswood property owners adjacent to Mueller, indicating slopes beginning 50 feet from Kingswood property lines to the water line at 150 feet from Kingswood property lines, but not to exceed a slope of 3 to 1. Underwater sloping should be indicated, including design methods for post reclamation erosion control. Landscape plan to describe the final landscape design from Kingswood property lines to the water line. Also indicate landscape plan for reclamation not adjacent to Kingswood. A landscape maintenance plan should accompany landscape plans covering both properties adjacent and non-adjacent to Kingswood. 11) Written commitment to the site plan and other matters presented to the Kingswood neighborhood on Thursday, Marchl4th. 12) Written commitment that MM will not assert that the Mueller property is outside an urban area and will not conduct any mining or related operation on the Mueller property, other than sand and gravel extraction in accordance with this special use, without obtaining a rezone or other zoning approval. 13) In addition to offering to sell property to adjacent Kingswood property owner, offer an option of a landscape easement to property owners who do not wish to purchase the adjacent property. 14) All commitments to be complete and sufficient for DOCS review. Where any commitment is subject to a future contingency, MM to provide alternative commitments so as to achieve the environmental issues herein. All commitments to be enforceable by the City and, upon appeal, by the BZA. 15) Martin Marietta to pay Kingswood $5,000 per year commencing with the approval of a sand and gravel Special Use Permit and as long as sand and gravel operations are being conducted on Mueller property north of 106th Street. , t. APr-i~1~zoo'3~; 0 I : 3Tpm .~ From-WCP 555~h FIr Q T-635 P.ooz/aoz F-415 ,'- "1~. ~"",",-. ,1,1, ! .i'/tTD '''."; Jti '-. ,I CITY OF CA~EL,..I@tANA [)nr'l("\ . 1../lJ,,) Request For Records Pursuant To IAdrona Access To Public Records Act (I:C,. 5-'4--3-1,.~~, os amended) I, '\ ().t'\~ 0.. /'Aa. r~ \.... . \ c.E. fA \ LL'E r<., hereby request ofthe City of Gbrmel, [n me optlonaij . Indiond, the right to inspect end copy the following records: PO(.~+ Nos. UV - 23-02', Su-"L~-02.: SU-7-S-D2; , , vi - 2 l, - 02. --J. V - 2,:}- - 02 ) L Doted this~dayot ~r: \ I 200.J.. The CIty may provide me with its response to thIs request: i5l By telephone at ~ 31, ... 5'i S 8 o By facsimile transmission ot !l!I Sy moil at ON. fi<<.,..u.i ,0._ S,......... , ~ ~ 1..00 \} ''I&': ""'l 8' 0 \;s , IN 'i I- 282., CI Other .. Received by: r2c ,IF} r ~ ,;:? : u7! j2.. m. on 7f-s . :200-:5 · . /? SIgnature: ,. /~, - I 'Prlnted Name end City Department: l..!.c.fl(1v1 i'~ /11:11_' t ~_ /)()~ <\ , Sent to Legal Deportment for response en; 'I/; sir ,,- by f ~-- ,,:j <'~~';( I /j // . v u ReceIved by Legal Deportment on: by Raved Exhibit 6. I - j-. City of Carmel Department of WI 12. u..""'llGMIl' Cl\lIMI"'mIRI:altd54<:q1W1NOllM :aG1.dOCol/uorJ ;:%'~ From-WCP 55& Oh FI r T-63S P.001/002 F-41S Apr-15-2008 01:37pm "' o I CE ,-.: .. '] . ~ ....~ ..... 5M :I~' ,:: J l I ... i .: :"~';- :' :-::} .J J: _:.Jr'. ~:!; ~:':. .r'.:.~ LEGAL ft BUSINESS AOVI50RS TRANSMITTAL COVER SHEET April 15, 2003 HARD COPY TO FOLLOW: DATE: 2 PAGES (INCLUDING THIS PAGE) Yes No X VIA: Mail Courier TO: COMPANY: FAX NO.: PHONE NO.: 1. Connie City of Cannel Dept. of 571-2426 571-2417 Corom. Services FROM: SUBJECT: COMMENTS: Tanya D. Marsh TELEPHONE NO.: (317) 236-5958 Request for copies of Martin Marietta zoning petitions Attached please find Our request for copies of the Martin Marietta zoning petitions. I will be happy to stop by and pick up the copies and pay for them when they are ready. Please give me a call and let me know when I can do that, and the cost of the copies. Please let me now if you need my furtherinfonnation or have any questions. !?r',);<<~ ., I.I I' 'r- . ; Ilel'"! 71':" --1.1 ~ (} DOCS WARNING CONl'lDm4TIAUJ'Y NonCE: This cover sheet _d the IIIIItmfBIll c:nelasc:4 with dill II'BIIsmlulaD an: lhe priVlI111lXllllidl1illliaJ ptop.ny of me sender, lllId the mab!rtals lite privileged conunuDicnrioas iDlClIded solely for die receipt. use. benefit lInd infonnldon of the inlt:Ddcd wpiaat il1diCllted nbov.. If you :an: not die lna:ndcd reclplenr, you :an: IIen:by nodflc:d dtu any n:vlew. dllclosun=. eopyiAg. diJtribution. or the tllcing of any other action in rollanee on rm conrcnu or mi. rmnsmlssloD I. .D'Icdy prohtl)lfCCl, an4 may l'l!lIult 1IllcgaI llablJl1y OIl your part. Jf you bavo received this ttaIISDIis.ioo in etrOr, pl~ 401if)' lIS imIllodinl8ly at Ibo rclephonc number beJtlW aad IIlI1IIIpl for NtIItll ot' Il\is trmsmission to us. CLIENT/MATTER NO. JOB CODE (Fu Ct:1IIer Use om,J: For questions OTProblems in transmission. please contact our Fax Operators at either: (317) 236-2352 Or (317} 236-2474 One American Square I Box 820011 Indianapolis. IN 46282-00021 (317) 236-2100 I FAX (317) 236-2219 ~-_. " ~ ~ o o , CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 40032 (317) 571-2417 Fax: (317) 571-2426 Fax T"~ /IJ~ FJ S9;2--L/7f-R Phone: cR 36- ,;{ =3/9 From: (~ A') 'd Pages: .-x ~. ~J-/~ Dates ij --/ 1/ -~I _3 Re: cc: o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle ~Aun{}7'-- y ~~.. (.~ . ~~~7k. 7' BARNES&1HO~URG Q 11 South Meridian Street Indianapolis. Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 Thomas H. Engle (317) 231-7499 Email: tengle@btlaw.com www.btlaw.com April 12, 2002 '_ _i......' VIA HAND DELIVERY ,~t<O~ ;.Pit 12 ~'!JJ 4702 DocS . Mr. Laurence Lillig Department of Community Services City of Carmel Carmel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 , '. Re: Docket No. UV-23-02: SU-24-02: SU-25-02: V-26-02: V-27-02 Dear Mr. Lillig: Enclosed are ten (10) copies of the informational packets for the Board of Zoning Appeals regarding the above docketed petitions. I have placed the materials into two groups: one packet for the use variance east of Hazel Dell and the second packet for the remaining petitions regarding the Mueller property. Hopefully this will be less confusing. Included are the latest revisions to the proposed Mining and Reclamation Plan and accompanying drawings, which have been revised to reflect the matters discussed yesterday with Spectra Environmental Group, Inc. I am also enclosing our check in the amount of$3,0 1 0.00 for the total filing fee on behalf of Martin Marietta Materials, Inc. Please let me know of anything I may have neglected to include. Thank you for your assistance. Sincerely, Thomas H. Engle, Esq. Enclosures INDSOl THE 500943 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. Message .;----'" ... u o Page 1 of 1 Weiss, Zeft A. From: Marsh, Tanya D. Sent: Thursday, April 1 0, 2003 3:56 PM To: Weiss, Zeff A. Subject: Martin Marietta -- review of record o15r;-;( 3 If If you are still planning to get a copy of the record of the Martin Marietta files from the City tomorrow morning, the docket numbers are: UV -23-02 SU-24-02 SU-25-02 V -26-02 V -27 -02 If you aren't able to do it, it's no problem for me to go there on Monday morning. Please let me know. Tanya 4.I10/?001 u Q Carmel. April 9, 2002 Thomas H. Engle Barnes & Thornburg 11 South Meridian Street Indianapolis, IN 46204-3535 RE: Martin Marietta Materials, Inc. Dear Mr. Engle: I have received and reviewed the information for the above-mentioned project. At the present time, I see nothing in the plans that would hamper law enforcement efforts. If we can be of any further assistance to you, please contact us. Respectfully, ~)).~ Michael D. Fogarty Chief of Police MDF:vb cc: Dept. of Community Services rcement Agency Fax (317) 571-2512 (317) 571-2500 A Nationally Accredit ~~'-)}I~(]L~;'-/~" ;;/\ \.)/ --"'./;.--:" ";'-' /' .....~.. ", '.'\. '-",' ~ ,-/ \ ~'> "'()\ ~j \- 1>1 R~~~~ ,___ \ \1, APR JO 2002 FJ \~;\ . DOCS _I;jC >; \ ?, ~ Y /\ /) '\- C''- /<": '~"'~'/j" "~ ~r\, ..../ '--- / ~-'---r;e:r~ \ Y '-J:~-L~ Fax ',.) u CITY OF CARMEL Department of Community SelVices One Civic Square Carmel, IN 46032 (317) 571-2417 Fax: (317) 571-2426 From: ~~lQ~ Pages: ~ . Date: .'iO -0;1... . 4 Q.\~ cc: ~ To: . \ ~m..~ 't;..~c:..L.b Fax: 02&;.>l - ,Lj?,~ Phone: Re: o Urgent 0 For Review 0 P.lease Comment 0 Please Reply C1 Please Recycle \"--..... """' t-->~ ~. . ~ '. , ~.". 'r'Y\. ,~, ~ m A-f)...., ~ ~ f\^ l\- I V \,"~ ~\ ,"-.. c; BARNES & THORNBURG 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 Thomas H. Engle (317) 231-7499 Email: tengle@btlaw.com www.btlaw.com April 2, 2002 ~ ~~45J;.", ""~::""~ J <.', . [<<4 :, "\- .....,. @1;;j}/ ~ ,;" 'C;, ~ S ~\ ~\:)\j Members ofthe Cannel/Clay Technical Advisory Committee Re: Martin Marietta Materials. Inc. Docket Nos. UV-23-02. SU-24-02. SU-25-02. V-26-02. V27-02 Dear Members: I am enclosing, on behalf of Martin Marietta Materials, Inc., an information packet regarding the above listed applications in preparation for the Cannel/Clay Technical Advisory Committee meeting to be held on April!7, 2002. Thank you for your assistance. Sincerely, Thomas Enclosures INDSOl THE 498772 Indianapolis Fort Wayne SOllth Bend Elkhart Chicago Washington, D.C. U BARNES & THORNBURG o Thomas H. Engle (317) 231-7499 . Email: tengle@btlaw.com ~ .:\ \ .\ fRi~rCfE~~~rg . . \ APR 4 9:;0) '0'-\ J"'('!1t~ /. ! ~\ DOCS /" ; >>, ~<)/ '" ,r-I/Tr: \ ~;/ _J_,,~~~.....:....J__':"/ 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 www.btlaw.com April 2, 2002 Members of the Carmel/Clay Technical Advisory Committee Re: Martin Marietta Materials. Inc. Docket Nos. UV-23-02. SU-24-02. SU-25-02. V-26-02. V27-02 Dear Members: I am enclosing, on behalf of Martin Marietta Materials, Inc., an information packet regarding the above listed applications in preparation for the Carmel/Clay Technical Advisory Committee meeting to be held on April 17, 2002. Thank you for your assistance. Sincerely, Enclosures INDSOl TIIE 498772 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. ,'- I BARNES&THO~URG w 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.S.A. (317) 236-1313 Fax (317) 231-7433 Thomas H. Engle (317) 231- 7499 Email: tengle@btlaw.com www.btlaw.com March 26, 2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED ~ f ~~rt;re'l~f[~{~ NAN 29 20{J2 Docs City of Carmel One Civic Square Carmel, Indiarla 46032 Re: Martin Marietta Materials. Inc.; Carmel Clay Board of Zoning Appeals UV -23-02. SU-24-02. SU-25-02. V -26-02. V-27-02 Dear Sir/Madam: Martin Marietta Materials, Inc. is currently seeking approval from the Carmel Clay Board of Zoning Appeals to relocate its existing sarld arid gravel processing plarlt which is presently located on the west side of Hazel Dell Parkway north of 106th Street to the east side of Hazel Dell Parkway. In conjunction with this request, Martin Marietta is also seeking approval for sarld arid gravel extraction by dredging from the property it leases from Helen M. Mueller north of 106th Street between Gray Road arid Hazel Dell Parkway. I am one ofthe attorneys representing Martin Marietta in this matter. As such, I am sending you the enclosed public notices as required by the Rules of Procedure of the Carmel Clay Board of Zoning Appeals. No action on your part is necessary. A public hearing is currently scheduled for April 22, 2002, as indicated on the enclosed public notices. Should you have arlY questions about the proposed project, please feel free to call me at 231-7499 . We would be more tharl happy to provide additional information arid arlswer your questions. Yours truly, ~~/ ThOma~gle Enclosures Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. ~. ,.. ;; ..'~. ,-- -......-.-" v ~, Laurence M ..... From: Sent: To: Subject: Laurence - thanks, eve >>> <LLillig@cLcarmel.in.us> 03/22/02 03:01 PM >>> Docket No. UV-23-02 has been assigned to the Use Variance petition filed by Thomas H. Engle of Barnes & Thornburg on behalf of Martin Marietta Materials, Inc., for a 30.54-acre property located on the northeast corner of East 106th Street and Hazel Dell Parkway. UV-23-02 processing ZO 5.1: Permitted Uses $1050.00 sand & gravel The following Docket Nos. have been assigned to the Special Use and Developmental Standards Variance petitions filed by Thomas H. Engle of Barnes & Thornburg on behalf of Martin Marietta Materials, Inc., for a -acre property located on the northwest corner of East 106th Street and Hazel Dell Parkway: SU-24-02 extraction SU-25-02 $630.00 V-26-02 bufferyard setback V-27-02 bufferyard setback ZO 5.2: Special Uses $630.00 ZO 5.2: Special Uses sand & gravel artificial lake ZO 5.2.2: Other Requirements 150' $630.00 ZO 5.2.2: Other Requirements 100' $70.00 The Total Filing Fee for these petitions is $1960.00. GRAND TOTAL: $3010.00 * These Items will appear on the Wednesday, April 17, 2002, agenda of the Technical Advisory Committee. * Mailed and Published Public Notice needs to occur no later than Thursday, March 28, 2002. * Proof of Notice will need to be received by this Department no later than noon, Friday, April 19, 2002. Failure to submit Proof of Notice by this time will result in the automatic tabling of the petition to the Tuesday, May 28, 2002, agenda of the BZA. * Ten (10) Informational Packets must be delivered to BZA Secretary Ramona Hancock no later than noon, Friday, April 12, 2002. Failure to submit Informational Packets by this time will result in the automatic tabling of 1 v ~\i::-c-"', /~ 4. " I I.,,'J., ;/j" \).,',).__..,-:c""! /' ",' , ",- .~' "- (,,>Y --</" ".)' A '..j ~ /.... '-/ :(' V'\ / ,! ~It~ '(~;) ( , -~ ; ( j1 A lJ c::. ~Jrrf,~fi'>I r.-. _~j /~}jfJ 25 "=oiY 1;=' ,..\ 2oa1 I;;;" \\<\ DOce> L. /:':.' ,) IJ "'./ \ /-" l ~/,~, /'-.'v "I />>. _. _ \ / './' (, --'I"'~ ;/' '--~;'.-~.l_L_\~;/' .. 1:fiErpefftion'to the Tuesday, May 28/ /1, agenda of the BZA. * This Item will appear on the April ~~02, agenda of the Board of -;Zoning Appeals under Public Hearings. * The petitioner will need to provide seven (7) fully filled out Findings-of-Fact sheets for the Special Use the night of the meeting for the Board's use. Petitioner must also remember to fill out the Docket No. and date on each Ballot Sheet for the Board. The Findings-of-Fact and Ballot Sheets must be collated. Sue Ellen, please contact Mr. Engle of Barnes & Thornburg at 317/231-7499 (fax: 317/231-7433) with this information Laurence M. Lillig, Jr. Planning & Zoning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Phone: 317.571.2417 Fax: 317.571.2426 IIillig@cLcarmel.in.us CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. 2 o \~t"r'\ 'E.A(.qL..-' &.l-/~a,~ \~.; 'Fax To~ Fax: L u u CITY OF CARMEL Departn1cnt of Community S~l'Vices . . . , ., - One ClVio SCluare CQrmel, IN 40032 (317) 571.24f7 Fax: (317) 571-2426 From5 a~~ e:2 .!3" ~'$-O d- Pagesl Datel Phon~ ,~~~,~ ~te-1t*:\ CC1 tl Urgent C For-Review C Pl~e Comment [J Please Reply C Please Recycle ~'-~ ~ ~....LL.. 1&u ~~ 'r- ~i.' "~\l~\"~~~..' ~~~~