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HomeMy WebLinkAboutComparison of Commitment (INDY 16229666v.6) to Mining Ord (4/18/05) .. t~ Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) I I' I -\ &. r ,. . 1- ~. ~ '.' "";~ve..!2....ura:en" . . -. ""\ \/ rel1J0;Y<;i1 Jt9~Ul'S of -- -...-- operation 7am -Spm M-F, November-March, except for barriers, berms 7am-Spm M-F, 7am-noon Saturday, no work on Sundays, holidays Mining, hauling and processing hours of operation I-E. None specific to overburden removal Gam-Spm M-F, 8am- 2pm Saturday for mining and processing; no work on Sundays and holidays [6-174 b ] Not clear whether comI'nitment has been accepted by MM. Hauling not specifically prohibited under ordinance. Surface blasting 11am-2pm, M-F 1I.-A.2. Notification of blast outside normal times to Director Surface blasting distances from houses Stemming of blast holes Not less than one hour prior to blast H.-A.S. n.-A.7. No closer than 1800 feet from structure Follow Vibra Tech recommendations, allow review by DOCS II.-A.lO. Spectra Environmental Group, Inc. ...10am-3pm, M-F [6- 175 b I At least two hours before the blast[6- 175(b)(4)] No closer than 500 feet of property line of structure 6-175(b 7 No specific requirement Not clear whether commitment accepted by MM. Not clear whetller commitment accepted by MM. Original commitment to notify DOCS \vithin 24 hours of blast. Commitment much more restrictive. Good commitment by MM. City of Carmel, Indiana ., Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) Frequency levels of [I.-A. I I. Blast designs to No specific Excellent commitment by MM that should significantly reduce blasts II1crease requirement complaints. Not clear if MM has accepted the 80% threshold. frequencies above 20 hz, follow Don't know the significance of the .2 in/see prv qualifier; Vibra Tech likely that it is difficult to obtain higher frequencies when the recommendations, ppv value is velY low. at least 80% of blasts above 20 hz for any blasts greater than .2 in/see ppv Peak particle II.-8.l. 0.5 ppv measured Same [6-1 75(c)(2)] velocity limit at property I tne of (ground vibration) residential structure Maximum air IL-B.2. Consistent with Bureau of Mines, but Not clear whether MM has accepted the 90% criterion of less overpressure limits Bureau of Mines, evelY effort to reduce than 120 dB. except that 90% airblast to 120 dB or less than 120 dB less [6-175(c)(4) Self monitoring of n.-C.I. Airblasts to be All blasts monitored by MM proposes some relief to self-monitor. Not clear whether airblasts monitored by third party who reports MM has accepted the 90% threshold. Vibra Tech; to Administrator however, ifMM (DOCS) but paid by achieves 90% operator[6-175(d)(l )] threshold for 3 yrs, can submit self- monitoring plan to DOCS Spectra Environmental Group, .Inc. City of Carmel, Indiana 2 Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) Blasting annual II-C.S. report Reportable events 11.-0.1. Ongoing reportable [[.-D.4. events Annual report to DOCS on blasting, including review of blasts below 20 hz frequency and above 120 dB airblast Any blast that exceeds 0.5 ppvor 120 dB airblast triggers reporting to DOCS, agrees to cooperate for solution Three or more reportable events triggers consultant review, meeting with DOCS for resolution Annual report to DOCS, includes complaint log listing blasting complaints and claims for damages[6- I 75(d)(8)] Violation of permit, penalty tor the exceeding 0.5 ppv[6- 176(e)] Administrator may require studies by Operator to assess impact, resolve problems[6-175(a)(4)] Commitment is valuable to DOCS. Opportunity to discuss and review blasting practices and community concems. No direct reporting ofviolation in Ordinance, although DOCS can request data. Not clear that MM has accepted thresholds. MM suggested five events within a calendar year specific to the limits in the commitments, i.e. 0.5 ppv and airblast limits that are above 120 dB. Not clear that MM has accepted amended criteria. Additional studies III. or monitoring Spectra Environmental GrOlip, Inc. Director requests study, MM makes proposal within 45 days, undertakes study Conduct investigations, obtain data, assess fees to applicant tor inspection, monitoring, assessmcnt[ 6- 167(d)(4)& 9 City of Call11e 1, Indiana Reasonable compromise and commitment. 3 ,;r' Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) Cooperate with City IV. UtiLities Department Good commitment and recognition of needed cooperation with Utilities Department. MM agrees to work with Department, assist in monitoring, agrees to pay for mining-related monitorin costs No specific provision for hydrogeology, but provision within Mining Plan for studies[ 6-171 U)] and above under Additional studies and monitorin VL-A. MM to provide Mine Plan consisting of Operations Plan, Mine Plan Map, Reclamation Plan evel . 2 'cars Similar to certain requirements fOf Mining Plan /(:Jr new operations[6-171(a)] Not SUfC tbat MM has agreed to 2 year timeframe. Good commitment, but not as complete as Ordinancc, no Annual Report as in Ordinance except for blasting. Submittal of VIIl.-D reclamation bond Provide bond acceptable to Director, update as a ro riate G:\200110 1233\Misc\Comparison of Commitmenlsdoc Spectra Environmental Group, Inc. Similar to requirements[ 6-170- (a)J No provisions for cancellation, calling bond for failure to reclaim, but can be addressed in bond language. City of Carmel, Indiana 4