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HomeMy WebLinkAboutCorrespondence Holmes, Christine B From: Holmes, Christine B Sent: Monday, October 06,200811 :20 AM To: 'Weiss, Zeft A.' Cc: 'John.tiberi@martinmariettacom'; 'Wayne Phears'; Hollibaugh, Mike P; 'John Molitor' \ Mr. Weiss, Because the sand and gravel removal is ongoing at this site, the one-year limitation would not apply. If you have any questions, please let me know. Christine Barton-Holmes, LEED AP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax ~ P1caS0 CiJnsidcr the. cnvimnn,cm bctl.XC printing 10/6/2008 Page 1 of 1 :Y': ICEMILLERLLP LEGAL COUNSEL October 2, 2008 Ms. Christine Barton-Holmes Planning & Zoning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 RE: Martin Marietta Buffcrvard - 08080007 C & 08080008 V Dear Ms. Barton-Holmes: This shall acknowledge receipt of your Letter of Grant, dated September 29, 2008, pertaining to the above-referenced matters. In the Letter of Grant, you make reference to Section 30.05.05 of the Zoning Ordinance. Please confirm that in the circlill1stances ofthis situation, that being where the removal of sand and gravel is a continuing process and where Martin Marietta will not necessarily be working within the reduced butTeryard within the next twelve months, that the one year limitation is effectively not applicable. We understand that this exception is premised upon the fact that Martin Marietta will continue to remove sand and gravel from Mueller Property North, such that it is continuing its sand and gravel operations towards the reduced buffer area. We thank you for your time and attention to this matter and look forward to your favorable reply. Very truly yours, ICE MILLER LLP \ I4fJ /}.~!~ Zeff A. Weiss ZAW:sd cc: Ed Gehr (via e-mail w/enc.) John Tiberi (via e-mail w/enc.) Wayne Phears (via e-mail w/euc) One American Square I Suite 2900 I lndi~napolis, IN 46282-0200 I P 317-236-2100 I F 317-236-2219 INDIANAPOLIS I CHICAGO I DUPAGE COUNTY IL I WASHINGTON DC 1/2231055: 1 www.icemiller.com "1"\ Tingley, Connie 5 From: Sent: To: Cc: Page 1 of1 Christopher Wolcott [cwolcott@hllglaw.com] Thursday, July 17, 2008 1 :37 PM Tingley, Connie S John Tiberi Subject: re: BZA Hearing on MMM Agreement and Underground Mining Application on Mueller,South Attachments: Martin Marietta Letter to BZA.pdf Ms. Tingley: Please include the attached letter in the materials submitted to the BZA hearing this evening, Please confirm to all that you have received this email. Regards. Chris Wolcott 7/17/2008 , . ~ . -?~ ~ r Kingswood Homeowners Association, Inc. P.D. Box 234 Can~lel, Indiana 46082 July 16,2008 Dear Board of Zoning Appeals Members: My name is Chris Wolcott. I live at 5089 Kingswood Drive, and I am the President of the Board of the Kingswood Homeowners' Association. I write on behalf of the Kingswood -Homeowners Association as its duly authorized representative. It is certainly true that Kingswoodopenly remonstrated against Mattin Marietta's application to conduct surface mining on the property known as Mueller South in the past. However, and despite the appearance of open hostility between Kingswood and Martin Marietta, we have continued to ta.lk with Madin Marietta on a one-to-one level for years now; More recently, we were invited by Mmtin Marietta and the City of Carmel to participate in the mediation with the United States Magistr"ate, as well as invited to attend the quan-y tour on which some of you went. Mattin Marietta representatives attended our recent Homeowners meeting to discuss this application and answer questions critical to Kingswood residents. Moreover, tlu'oughout the past six months or more, we have had an ongoing dialog with John Tiberi and other i'epresentatives of Marthl Marietta; We have been pleased to see Martin Marietta hOllor its Commitments in the two prior sat1d and gravel permits that were issued to it, including moving the sand plant from directly behind Kingswood to the east side of Hazel Dell Parkway at great eXpense to it. It has been instructive to s~e Mattin Marietta fulfill its Commitments wholeheartedly with regards to these two permits. We believe that our discussions with Mattin Marietta, together with its prior Commitments, appear to have significantly improved Martin Marietta's operations, benefitted Kingswood, and led to improvements in our quality of life. Most Kingswood residents recognize now that blasting impacts have been mitigated recently, as a result of collaborative efforts. We. firmly belieye the gains made will not be lost and that continuing dialog with Martin Marietta to resolve identified problems, especially in light of the Commitments it has made here and in the past, will be more productive than ongoing confrontation. Additionally, we believe the package before you, including the settlement agreement, provides important benefits to Kingswood and everyone else on the northern perimeter of the quarry. Among other things, Martin Marietta has renounced mining on grmldfathered prope11y it owns nOlih of 106111 St. and west of Hazel Dell Parkway. This is a very real and tangible benefit to all of the neighborhoods in that area. As a corollary to this, we understand that Martin Marietta has also agreed to withdraw its application to mine underground on the Mueller North property, eliminating that prospect. " .. As a result of all of this, I am authorized to state that the Kingswood Homeowners' Association no longer opposes Mattin Marietta's Mueller South Open Pit or Underground Mining Applications, It is our intent to continue to actively collaborate with Martin Marietta representatives, a process that we believe has yielded the significant gains achieved to date. We would be remiss if we did not express our gratitude to the City, too, for allowing us . the opportunity to participate in discussions leading up to this hearing. The city's support allowed us the oppOliunity to have an active voice in this process and to protect the interests of residents that border and are most affected by these mining operations. We believe it is impOliant t6 take a moment to express our appreciation to the Mayor, city officials, and its representatives for tlleir dedicated efforts in this regard. I trust that I will be allowed to echo this sentiment at the hearing scheduled for Thursday, July 17, 2008, beginning at 7:00 p.m. Very Truly Yours, ~:;.~ Christopher S. Wolcott /1~~~ ~ Y,j\1 d (/\ 10 q\ /f ~O,nv1f~ ~\(tP ( ~~ 0. ':) ~^\ ffi) Molitor- Babb- Hollibaugh- Phears Page 1 of 1 Hollibaugh, Mike P From: John Molitor Umolitor@prodigy.net] Sent: Thursday, July 10, 2008 8:38 AM To: 'Weiss, Zeff A.'; 'Babb, Bryan H, Esq,'; 'Wayne Phears (@pmlawfirm.com)'; Holli9augh, Mike P Subject: RE: Molitor-Babb-Hollibaugh-Phears Importance: High Here is a proposed agenda for our phone call regarding the Commitments for the Surface Limestone application (any changes to the Commilmenls for Ihe Underground application should follow the same patlem): I.E. Limits on Saturday hours. ,. ILA.5. Notice to DOCSo! blasts outside hours. ,- ILA.11. Percentage of blasts greater than 20hz - IIC.1. Percentage to achieve self-monitoring II.C.6, Contents of annual review. ~ 11.0.1, Definition of "Reportable Events", .1 11,0.5. Definition of "Reportable Events', Subject to Mike Hollibaugh's input, I don't think there are issues. with any other provisions of the Commitments. Regarding the Settlement Agreement itself, the oniy remaining topiC for discussion is the disposition of the assumed 150' buffer strip between the Kingswood APOs' lot lines and the lake that will be deeded 10 the City. I would like to outline an approach that might be acceptable to all parties. 60-30-60 Compromise: First 60' -to be included in the donation to the City, and subject to the "no publiC access" restriction as discussed in yesterday's phone call. Middle 30' - to be deeded to the City, for public or charitable purposes, but NOT subject to the "no public access" restriction. Last 60' - to be deeded to the APO's, subject to the "no publiC access" restriction, but also subject to the covenants and restrictions contained in the Kingswood subdivision plat. Also - The entire 150' strip would promptly be rezoned (on the City's initiative) to the P-1 zoning classification, which is reserved primarily for parkland and does not allow for any residential or commercial development. The Middle 30' could eventually include a walking trail/bike path, to be developed (OR NOT) on the City's initiative after the sand/gravel operations are completed in 2015 or whenever. If Kingswood would be agreeable at that time, the Middle 30' might even be transferred to the Kingswood Homeowners Association and maintained as common area for the subdivision (instead of as a public area). John Molitor '--.... " c...-/ r-' ~ L ~ fWl (1 v fLtprYfYJ11]f1 dJII9P~ ~"-Uk.. 0>1;f~I ~d ~((Wag- Martin Marietta Materials ~ Indiana District 11405 North Pennsylvania Suite 250 Carmel, IN 46032 Telephone (317) 573-4460 Fax (3J7) 573-5975 July 3,2008 Mr. Mike Hollibaugh Director of Community Services City of Cannel, City Hall One Civic Square Camlel, IN 46032 RE: Special Use Approval for the Mueller South Underground and Surface Limestone Petitions Dear Mr. Hollibaugh: Please find eight (8) copies of plan information highlighting various views (Elevation, Top and Cross Section) for proposed mining activity on the Mueller South property. This information is not intended to replace or supersede any of the underlying application, plans or studies, but will provide additional information and greater understanding in support of the Mueller South Surface Limestone and Underground petitions. If you require additional information, please contact me at (317) 573-4460. Sincerel y, ~z~ J olutI. Tib~ri ~ident - Mi . ast Division Ene. I/ISPEcrRA ENVIRONMENTAL GROUP, INC, ENGINEERING, ARCHITECTURE AND SURVEYING. PC June 27,2008 Mr. Michael Hollibaugh, Director Division of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 4603 2 Subject: Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) Dear Mr. Hollibaugh: As you requested, Spectra Environmental Group, Inc. (Spectra) compared the Martin Marrietta Materials, Inc. (MM) Commitments to the April 18, 2005 Mining Ordinance. Both Greg and I compiled independent reviews of each document to generate the attached smnmary, which highlights disparities between the aforementioned materials. If you should have any questions, or "requi re additional information, please contact me at (518) 782-0882. Sincerely, SPECTRA ENVIRONMENTAL GROUP, INC. j~a(L,~ Director of Mining, Minerals and Environmental Permitting Enclosures cc wi enc.:G. Sovas, XRM JCKfGHS/em G :\200 110 I23JICorrespondenc,e\Hallibaugh Itr Comparison or CommiTments. doc ONE CIVIC CENTER PLAZA, SUITE 401 POUGHKEEPSIE. NY 12601 (845) 454-9440 FAX (845) 454-9206 19 BRITISH AMERICAN BOULEVARD LATHAM, NY 12110 (518) 782-0882 FAX (518) 782-0973 WWW.SPECTRAENV.COM 307 SOUTH TOWNSEND STREET SYRACUSE,NY13202 (315) 471-2101 FAX (315) 471-2111 Comparison of Commitments (INDY 16229666v.6) to Mining Ordinance (4/18/05) Subject {~~6~ii:ir:::1 Overburden removal hours of operation 1.- D. Mining, hauling and processing hours of operation I-E. "Blpstingil~:Rtices.,':, ~; )1'::'):::' ," Surface blasting II.-A.2. Notiflcation of blast II.-A.S. outside normal times to Director Surface blasting II.-A.7. distances from houses Stemming of blast II.-A.lO. holes Frequency levels 9f II.-A.l1. blasts 7am -8pm M-F, November-March, except for barriers, berms 7am-8pm M-F, 8-2 Saturday, no work on Sundays, holidays ," ."....:_ .w ../r~ - ,"' ',. ~ ',J._. ~ ~ i. llam-2pm, M-F As soon as possible for blasts occurring Qutside speCified hours. No closer than 1780 feet from structure Follow Vibra Tech recommendations, allow review by DOCS Blast designs to increase frequencies above None specific to overburden removal 6am-8pm M-F, 8am- 2pm Saturday for mining and processing; . no work on Sundays and holldays 16-174 (b)] 10am-3pm, M-F [6- 175(b)(1)] At least two hours before the blast[6- 175(b)(4}] No closer than 500 feet of property line of structure [6-l75(b)(7)] No specific requirement No specific requirement Commitment is stricter than ordinance. Commitment matches ordinance. Hauling not specifically prohibited under ordinance. , ~".. - '. > i.' ,,t. Commitment is stricter than ordinance. Depending on time of notification, could be stricter or less strict than ordinance. Commitment much more restrictive. Good commitment by MM. Excellent commitment by MM that should significantly reduce complaints. '4 ^"" 'Il -'I-~ -', .. .,~,' 1 'f'lI- " 20 hz, follow Vibra Tech recommendations Peak particle II.-B.l. 0.5 ppv measured Same [6-175(cl(2)] Commitment matches ordinance. velocity limit at property line of (ground vibration) resldentia I structure Maximum air II.-B.2. Consistent with Bureau of Mines, but Commitment matches ordinance overpressure limits Bureau of Mines. every effort to reduce airblast to 120 dB or less [6-175(cI(4) Self monitoring of II.-C.l. Airblasts to be All blasts monitored by . M M proposes some relief to self-monitor. a i rblasts monitored by third party who reports Vibra Tech; to Administrator however, if MM (DOCS) but paid by achieves on operator[6-175(dl(l)] average during a talendar ~2-mo. period no mare than 2 blasts per mo. w/air overpressure exceeding 120 db or less for a period of 3 years, may submit a plan for self-monitoring. Blasting annual 11.-C.5. Annual report to Annual report to DOCS, Commitment is valuable t6 DOCS. Opportunity to discuss and report DOCS on blasting, includes complaint log review blasting practices and community concerns. including review listing blasting of blasts below 20 complaints and claims hz frequency and for damages[6- 2 above 120 dB airblast Any blast that exceeds 0.2 ppv or 120 dB airblast triggers reporting to DOCS, agrees to cooperate for solution Five or more reportable events triggers consulta nt review, meeting with DOCS for resolution ,$fudie's'\anar~@!:r.'.,<:,,"" ,r {fl!it1it~jlffg t;,.-":>.:, ,FJ,,~~},,-, ., Additional studies III. or monitoring Reportable events 1I.-D.l. Ongoing reportable events II.-D.4. Director requests study, MM makes proposal within 45 days, undertakes study ~;woj"e~tMqlljlgel.iJ.g~;~( :~/Jt;;~ Cooperate with City IV, Utilities Department MM agrees to work with Department, assist in monitoring, agrees to pay for mining-related monitoring costs ~:RgfigClj~{I1(#k;ftffs~;. ; . ~. '"'" ~ MM to provide Similar to certain VI.-A. 175(d)l8)] Violation of permit, penalty for the exceeding 0.5 ppv[6- 176(e)J Administrator may require studies by Operator to assess impact, resolve problems[6-175(a1(4)J Conduct investigations, obtain data, assess fees to applicant for inspection, monitoring, assessment[6- 167(d)(4)&(91l ~ .r'....;.. ~ . 'L :~. 'Ii <,...::t~ :~" "",~~.~".f'~'_: _,. . ..- 1~ ~ ._'" No specific provision for hydrogeology, but provision within Mining Plan for studies[6-171(j)] and above under Additional studies and monitoring "> . 'i' No direct reporti ng of violation in Ordina nce, although DOCS can request data. Positive approach to resolution of problems in commitment. Reasonable compromise and commitment. Good commitmentand recognition of needed cooperation with Utilities Department. 3 Mine Plan consisting of Operations Plan, Mine Plan Map, Reclamation Plan every 2 years requirements for Mining Plan for new operations[6-171(a)] Good commitment, but not as complete as Ordinance, no Annual Report as in Ordinance except for blasting. .. VIII.-D Provide bond acceptable to Director, update as appropriate Similar to requirements[6-170- (a)] - No provisions for cancellation, calling bond for failure to reClaim, but can be addressed in bond language. 4 .!USPECTRA March 31, 2008 ~....-,~ .."". . . I ~ I ' ' ,7 . r ,; --... ~~) ';:ft' ~ ~ RECEIVED APR - 4 20D8 DOCS ENVIRONMENTAL GROUP, INC ENGINEERING, ARCHITECTURE AND SURVEYING, PC Mr. Michael Hollibaugh, Director Division of Community Services City 6fCamlel, City Hall One Civic Square Carmel, Indiana 046032 Subject: Spectra Comme11ts Regarding Rf;view of Martin Marietta Materials, Inc. (MM), Mueller Property South Uridergrbund Limestone Operation Application, March 2008 Dear Mr~Hollibaugh: Spectra Environmental Group, Inc. (Spectra) has reviewed the above-named application materials in anticipation of the Teclmical Advisory Committee (T AC) meeting of Aprill, 2008. As you know, Greg Savas and I planned to attend that meeting; however, both of us have had differing conflicts that have prevented our presence at the meeting, As part of our review, we have revisited our comments on the Mueller Property South Surface Lirilestone Operation and Artificial Lake 11:\ 2005 because of its impacts on the current underground application. Our comm~nts are intencied to clarify several issues that will most 'assuredly be raised by the Board of Zoning Appeals (BZA). Some of our comments are intended to make the application more comprehensive and complete for review by the BZA. The following is a summary of our comments: 1. Mine Plan a. The Mine, Plan is not definitive enough and needs \york. There is a conflict with the surface mining application in that thetloor of the surface mining operation 'is about 490 feet, yet this underground application says that underground mining would begin at 560 feet and progress 900 'feet to -202 feet at mean sea level. This discrepancy need's to. be rectified. Please give the height of the roof at the start af the underground nline. b. Given that the Current floor of the existing mine south of Mueller South is at approximately 490 feet and the final floot of the surface milling of Iimestane is at 490 feet, then how will the underground mining be accomplished? Are the adits to be designed as vertical or will MM deepen the floor of the existing mine? c. The plan itself is too. broad. While the pillars are designed at 45 feet square, the height of the rooms will be as high as 88 feet. There needs to be a better ONE CIVIC CENTER PLAZA. SUITE 401 POUGHKEEPSIE. NY 12601 (845) 454-9440 FAX (845) 454-9206 19 BRITISH AMERICAN BOULEVARD LATHAM, NY 12110 (518) 782-0882 FAX (518) 782-0973 WWVV.SPECTRAENVCOM 307 SOUTH TOWNSEND STREET SYRACUSE, NY 13202 (315) 471-2101 FAX (315) 471-2111 Mr. Michael HoI.libaugh March 31, 2008 Page 2 explanation of what the final configuration will be. Also, there needs to be a better explanation of the timing of the underground mining, i.e. in five years, twenty years, etc. d. There is no dis,cussion of whether Hazel Dell will be undemlined, although the Mine Plan map shows Jess than complete pillars along the east side of Hazel Dell. e. There is no discussion of the hours of operation, i.e. will the mine be operated 24 hours per day, 365 days per year? f Once the near final configuration of the underground workings is established in the application, the Departm,ent of Community Services (DOCS) should requi re a certification from a qua.lified mining engineer that the mine design is structurally sound. 2. Subsidence Monitoring a. A statement was made rn the application that there would be no subsidence -from the underground mine. We disagree with the statement. While there may be no appreciable, subsidence, eventually the area on and around an underground mine will subside. b. Because of its i)l:oximity to 106lh Street and Hazel Dell, we recommend that a subsidence moni,toring program be established, by MM and monitored yearly with results reported to the DOCS. Such a program could,he established by monuments along the perimeter of the northern half of the existing mine from Gray Road around to Hazel Dell. c. There should also be .a provision for a meeting and study with MM if the results indicate that there is any appreciable subsidence. 3. Blasting Information a. The application needs to be supplemented with blasting information, The isoseismic study by Vibra-Tech Engineers could be included with some discussion of the underground signature blast. A discussion of the impacts would be beneficial. b. Other information needed is some in<ilicatioH of the number of blasts per week, size of blasts, and whether MM intends to blast 24 hours per day. 4. Water Issues a, There needs to be some discussion of how removing limestone will impact the aquifer. Presumably, MM should indicate their plans for the pumping of water from the mine to the ponds and whether the ponds have the capacity to handle the increased flows. b. Some discussion of the impact upon Carmel water supplies and reclamation of the lake at Mueller North should be included in the application. We recall that MM had done some. previous studies, and perhaps these should be included in the application. Mr. Michael Hollibaugh March 31, 2008 Page 3 c. We understand that MM continues to cOlllinunicate with John Duffy on their plans, and we appreciate that there may be positive outcomes for both MM and the City. As a final note, we presume that the commitments from MM will parallel those presented on the Surface Mining Application, and we would be pleased to provide you with our comments. As always, we appreciate working with the City and with Martin Marietta in a cooperative and productive manner. Please call me if you have any questions. Sincerely, SPECTRA ENVIRONMENTAL GROUP, me. .~t-- J sane. Kappel, P.G. Director of Mining, Minerals and Environmental Permitting cc: G. Savas, XRM JCK/GHS/em G:\2001 \0 1 233\Correspondence\Hollibaugh Itt Rev MM Materials.doc ;.1 JAMES BRAINARD, MAYOR . March 6, 2008 Mr. Jo1m Tiberi. 11405 Pennsylvania Street Suite 250 Cannel, IN 46032 RE: Mueller Property South Underground Limestone (SUL) Application Dear Mr. Tiberi: As you know, the City has committed to the review ofthe Mueller Property South Underground Limestone Operation and scheduling on the docket of the Board of Zoning Appeals (BZA). The Department of Community Services (DOCS) has initiated review of the filing for SUL Application, and has again retained Spectra Environmental to assist with the technical understanding of the proposed operation. Let me first ask that Martin Marietta provide an updated Special Use Application and updated technical submittal materials as quickly as possible. While DOCS has a general understanding of the SUL proposal, the original filing was made in December 2002. The updated material needs to be of consistent quality and level of detail such as that provided with the other Mueller South petitions. Now that a significant amount oftime has passed since the initial filing, it will be important and helpful that updated information be provided which explains the interrelationship of boththe sand and gravel operation and the proposed surface limestone operation and their respective impact upon the proposed SUL operation. Of particular importance is the ultimate reclamation plan for the Mueller South property and the sequence and timing of how reclamation will be achieved. It was our original intent to schedule this application for an April 28 hearing date with the BZA based on your commitment to provide settlement documents for review immediately after omeourt appearance. To facilitate the docketing oftrus petition, we have anticipated receipt ofthe commitments for the Mueller Property South Surface Limestone Application to accompany the overall, stipulated agreement executed at least three weeks ago. We will all have to work as efficiently as possible in order to get the SUL petition updated, reviewed and in technical order so that in can be heard at the April BZA meeting. While we DEPAHTMENT OP C01l1.MUNI'1'Y SEINICES. ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, PAX 317571.2426 MlCHAEL P. HOLLIBAUGH, DIRECTOR "... .' Mr. Jolm Tiberi Re: Mueller Property South Underground Limestone (SUL).Application Page 2 are conunitted to the docketing of your applications as promised, we are handicapped without the updated information noted above and given some time for a reasoned review. DOCS looks forward to working with you cooperatively. Should you have any questions or wish to further discuss any of the above, please do not hesitate to call - 571 2422. Yours truly, (10/ Copy: Zeff Weis John Molitor Bryan Babb Greg Sovas file f. ';,; Feb 13 2008 4:32PM p. 1 HP LASERJET FAX ! . l' J l 1 j '~ j ~i } I 1 i JAM 3 1 z006 INDIANA OFFICE OF ENVIRONMENTAL ADJUDICATION Mary DtJvfdseIB CbiefBnYkoIUlUllDl Law ludge fNOIANA OOV~MIiNT Q;N[EIl NOO.TH LOG NORTH SENAU A\1ENU6 &Ums~1 DlDJAl\IAJIOUS. IN 4~-Z200 (317) ZlI-SS91 (J f 7) lJJ-9J73 FAX coP'i STATE OF lNDlANA COUNTY OF MARlON ) ) ) BEFORE THE INDIANA OFFICE OF ENVIRONMENT At ADJUDICATION IN THE MAITBR OF: ) ) ) ) ) ) ) ) Wayne P.1Uld Barbara S. Stutsman. Joyce A. ) and Edgar J. Bellows. etal, ) Petitioners ) Kenneth Will, VIM Recycling, Inc. ) PermitteeJR.espo~dent ) Indiana Depmrtment of Enviromnental Management ) Responden~ I j .j I 1 I j i 1 I I 1 OBJECTION TO THEEXPERJMENT AL DBMONSTRA TION PROJECT PERMIT VIM RECYCLlNO,INC. ELKHART, ELKHART COUNTY.lNDlANA CAUSE NO. 08-S-J-40's1 -.,.~ "'//-~--" / RECE\VED .fEB 1 4 20',]8 DOCS .\ ", "" '"-....... ~- ------' ORDER SCHEDULING PREHEARINCi CONBRENCj: '. ~. --- - . - j I I 1 1 ~ I ,I 1 - i .1 This is notice that a prehearing conference has been scheduled foe February 18, 2008. at 1:00 p.m. E.S.T.. in the Indiana Governmelit Center South Building, Conference Room 8.402 . West Washington Street. Indianapolis. [N 46204. Th~ Presiding EnVironmental Law J.Udge. will conduct a preheating conference on the date stab:! above. The purpose of the prehearing conference is to: (1). Set discovery deadline,. inc1udins dates to exchange witness and exhibit lists.. Witnesses ortmhibits disoovered after the exchange or lists shalJ be furnished upom. such discovery. j j .1 ! ~ :1 1 '1 ) . (2) Set dates for filing dispositive motions (3) Set a date for stipul41tions tel be entered, With parties BtipulatiDg to the fullest extent possible the issues, undUputed fmlts. authenticity and admissibility of exhibits, and any and all otber- matters which will expedite: the hearing by reducing fosmal proof. (4) Se~ a datefot finalhearinp or fututeprcbearing conferences. PLease be advised that ten (10) days before. your final hearing date. you win be ordered to meet with all parties to pre-mark exbJbits and agree upon stipulations. I'd 899B68E\;>.!..S1 =OJ. l09L-2~9-~LS ~~I !NllaAJ~ WIn:W~ sa:bJ e0ae-rl-~ Feb 13 2008 4:32PM HP lASER.lET FAX p.4 A party who fails to partidpatG in &he Prehearing CODference or any ofher later stage of this pwceeding may be held in default or may lbave the pI"Oce:eding di.amiued. A ptUtJt m_ftl~ all I'kmdlBgs ail ~IUM_ exd~ ~VUYP witll lllils t;JJb tiIId tJJ/l ~ 1d4NatVld lPn the tA1JIk- ~I Sewlt:& FIIUa... 111 lID lit; WlII9' IHiSI4ll ImJ tIiJ! J~ ntK conslflmng yolU pkaddnlJ. Tbe parties havo'the option ofhaving the prehearing conference conducted by telephone. To do tbis, the requesting party sbaIl contaCt the other parties and secure their agreement to conduct the prehesrinji conference by telephone, then nodi)' the Court at /mst OIIJB ".lIIm MY ;,. 6t1wfll~e of"'''' $~lttuI4lltl" pultlMrbttI r.n1lj"~IfM. If a pArty CllInnnt he t'eA6'".hed, I'dYiAl'! thiR office and obtain permission wm the assiSned judse, The party requestiIJg tho telephonic ptehari.ng COJIfercnee has theobJigatio:b. of initiating the necessary phone cal.ls; I party should have all the other parties on tbu telephone befQre contacting the judge. ORA's decisions .from. priQf coDtested cases are available I>D OEA~s website. OBA"s website address is: httD;lfwww.in.a:ovJoea. ne website includes a link to OEA's contested de<:i. "iOllS on the DECISIONS page (from 2002 to present, \lVith earlier y~ars being added), and tbc LINKS page bas e;onnections to IDEM, Ihe Iodiana AdminisI:ratiw: Code, and the In.diaa Code. InfonnatiOD oonc:eming heariDs IIChoduJea IU1d procedures may be obtained by calling the Office of Enviroamental Adjudication at (311) 2~3-O850. S""r"\ \,,) or'f IT IS SO ORDERED tbis~ day of ~ ~. "'11 }I: . 2008 in Indianapo1i~ IN. r~~ GQ~Q Hon. Catherine Gibbs E.nvircnmental Law Judge D.1ISTIUBUTION Steven Griffin. Esq. Offi" of the Indiana Attorney General fQr the Ind.iana Departm~t of Environmental MAlUlgmeDt Indiana Government Center Sou1h. Fifth Floor 302 W. Washibgton Street Indianapolis, IN 46204 Kenneth WiD VIM ReqcliDg. me. 29861 Old US 33 Elklwt. IN 46516-1428 Wayne & BarbBla Stutsman 29862 Cardinal Avenue .:EJkbart, IN 46516 a'd 89ge6m:trLSt : 01 L99f:-2tt9-t-L5 ::IN! !!)NI"OA:l~ LoIIfl:LoWj S0:p't BOOa-~t-83..:l ii Feb 13 2008 4:32PM HP LASERJET FAX i I . iI 1 ~ 1 j J 1 :1 ~ -1 j I '1 1 'I I i 1 .. 1 1 ~ l t ! ~ .~ j .~ ! J J J ~ . t I t .&:tau J. 8Ild Joyce A. Bellows 515234 46th Street Elkhart, IN 46S.16.1326 Daniel R. & MlIrie Holdettead 56539 46th Street Elkhart. IN 46516 Ron King 29893 Cardinal Ave EJkb&rt, IN 46516 Mike & Debbie Peffley 29923 Cleveland Ave E1kJwt, IN 46516 Rob &. Robin It Pedzinski 29704 Cardinal A '\Ie Elkhart, IN 46516 Daniel J. Rodriguez. Nancy Rodriguez: J8IIlC5 E. Rodriguez 56482 Tulip Tree Lane Elkhart, IN 46516 Steve & Sharon John3on 56517 Tulip Tree Lane Elkhart.1N 46S16 Anna Bemiller : 29702 Oregon Ave I ElkhartJ IN 4tSS 16 ..1 1 4 .-f J 1 I Virginia Miller 29130 CR 16 West ElkblU\ IN 46516 1 Brian .& ChristIaDa Camp~1 ,1 29831 Conneeticut Ave j Elkhart, IN 46516 1 ~ ~'d 899068i:I7LS't :Ql John R.. It. MMcella P. Dunning. Jr. 29861 Cleve1&md Aw; EIkbar1, IN 46516 Arno H. " Karen J. Erickson 29830 Cardinal Ave Elkluut, IN 46516 Billie King 29893 Cardinal Ave Elkhart. IN 46S16 GJrIY P. &. !Pamela Potts 29781 Cardinal Ave Elkhart. IN 46S 16 Jim it Ruth Looney 56426 45th Street Elkhart, IN 465 16 Oeoffiey at Carol A. Gross 56333 Tulip Tree Lane EIkbmt, IN 46516 Brian J. Nieholls 29690 WlldChen:y Laae E1.kbart, IN 46516 Robert &; Rita Young 29959 Arizona Ave Elkhart, IN 46516 David & Joyce Miller 29824 Connecticut Ave EB.kIwt, IN 46516 Heath &: Jennie Davis 29916 Connecticut Ave EJldwt; IN 46516 p.2 Kenneth &: Carlotte HDlderread 29790 Cleveland Ave Elldw1. IN 46S16 Mike & Ashley May 29831 ClevellBDd Ave Elkhartl IN 46516 lames E. & Simone R. Goff 29869 Cardinal Ave Elkhart. IN 46S 16 Vincent Rumfelt 29104 Cardioal Ave Ellchart.W 46516 Mike T~ Amy T. Troup Adam Troup Cathy Troup 29703 Cardinal Ave Elkhart. IN 46516 Archie D. UnderwOOd 29631 Cardinal Ave Elkhart. IN 46516-1319 Thomas &. Carol Heffner 56118 Tlllip Tree Lane Elkhart,. IN 46516 Virginia McMil1Bn 56330 CR 1, South Elkhart. IN 46516-1023 DarJene Wedge 56231 46th Street Elkhwt, rN 46516 Roger S. &: Su:Ua Mason 56435 CR 11 South Elkhart, IN 46516 ~-2t19-t;oLS; :JNI SNI"'t)J..:)3i'j WIn =WDW l.El: tot 8la02-~'t:-83j '" Feb 13 2008 4:32PM HP LASERJET FAX p.3 1 , . I . . ' . J Kathy Clipp , 1 56416 CR I. South , E1kbart" IN 46516 I Iudy E. Brake 29914 OregOll A1Ie ; Elkhart. IN 46516-1344 I i 1 James 4 Bl1lDdy Trosper ~ 56696 CR 1 South f Elkhart, IN 4651 ti ~ , ; Ronald &:; Gloria. Trosper / I . 56105 CR 1 l Elkhart, IN 465 16 1 Angel.8 Holland J 56485 46th Street 1 Elkhart, IN 46516 1 "I , 1 Oerald L. &: Dorothy Hart " 30119 W. Blaine Ave ~ r Elkhart, IN 46516 .. i J Tammy & HershelJ Justice , i S690& CR 1 South ~ Elkhart. IN 46516 .~ ~l Sbannon Hayes 1 S6265 45th Street 1 Elkbart.lN 46516 1 I 1 Timothy L. Spugle 3031 S W)'Jltree } Blkhart.lN 46516 I I I \ -j , 1 .~ "J tp"d 89906~vLSf :01. Connie &: Robert McClure 30335 Tower Road E1ldwt, IN 46516 Stephanie K. Mdnt~h 56691 Meadow Glen Drive .FJkhart,1N 46516 Dennis L. Freel 29919 AriZOlUll Ave Elkhart. IN 46516-1343 Mary E. McCarty S6478 45th Street Elkhart. IN 46516--1333 Jerry Adkins 29863 Arizona Ave Elkhmt. IN 46516 Susan Rhodes 29900 Ivy Lane, Apt. A Elkhart, IN 46516 Priscilla Johnsom 29944 Arizona Ave EJ.Idwt. IN 46s 16 Edward S. JBeUoWSl 56181 Wedgewood S Elkbart, IN 46516 Grace lit. Ronald Goorhouse 29824 Arizona Ave Elkhart. IN 46516 William. &. Chloe Cox 29892 ConuecW:ut Ave EJkhart, IN 46516-1356 Jackie Ocans 29800 OrcgoilAve Elkhart, IN 465115-1345 SWtley WUliams 29863 Arizona Ave B1kh~ IN 46S16 Tina Butterworth 29785 Oregon Ave Blkhart, IN 46S 16 Peggy RobbiM 29856 Oregon Ave Elkhart, IN 46516 Melissa A. Freed 30227 Wolf Ave Elkhart:, IN 465 1 is Daniel & CoUeen Bnoo 56143 Counly Road 1 EJkhm. IN 46516 .Le9l::-Zf79-~L9 :JNI ~I-oA:J~ 101M :WOi::L:f 8l2l:bl 800c-~1-83..:l :~ . ~eb 14 08 06:49a -- p. 1 e VIM Recycling, Inc. PO Box 3055 Elkhart. IN 46515-3055 /' ' I~' I \ Pll011C 574"642-3677 I ,_ _ I ':"" , Fax 574-642-3607 DOCS \ FACSIMILE TRANSlVIITT AL '. To: --- ~ ,llVll\ v !5-uL'E.IL Fax#: ~ " '" i -th., r(. ~ , ~/~ 10wt L~ ,.~ ~ Date: 3/7- ~7~--0dl6 d~ I[/~ r;- ef From: RE: Pages: cc: DFor Review D Please Comment 0 Please Reply D Please Recycle . * * * * * * * * * * * * * * * * * * * * * * * * * * * -- --J'WYl -- c:f- ~ V{..< I trfle.. T .:23'2 -~~ ~O ~~ ~~ b-rdu ff witA .1d- fb~ flJM~ ~ A7CvJ +~ c ~~ (/~ xJ ~~?tUd~ ~ .~I.<~ tJW(l This message intended only for the use orthe individual or entity to which iUs addressed and may l.:llntnin information that is privilegtxl. confidential and exempt for disclosure. If the reader of this IllCS.,.lgl,; is not the intended recipient or all employee all agent responsible for del ivering the nlcssagc to the intended reci pient. you are herehy notified that any dissemination, distribution or copying nl'this cOlllmunication is strictly prohibited. If you have received this communication in <.:rror. please notify us immediately by telephone and return the original message to us by mail. CONFIDENTIAL ;' Feb 14 08 06:49a .. )0.2 29862 Cardinal Avenue Elkhart, IN 46516 Mr. Ken Will VIM Recycling, Inc. 29861 Old US33 Elkhart, IN 46516 Ql '. @~ , W-v 3/7 >75- cJoC(h ~39:~UJ See M ftf'-A .~? Dear Mr. Will: Subject: IDEM Notice of Decision, Dated January 7,2008 VIM RecvclinQ, Inc., 29861 Old US 33, Elkhart, IN 46516 -. You are hereby notified a challenge to the IDEM Notice of Decision, dated January 7, ~_ 2008, pertaining to the Demonstration Project, Grinding of "C" Grade Material at VIM t-u Recycling, Inc., 29861 Old US 33, Elkhart, IN 46516, has been forwarded to the Office of Environmental Adjudication (OEA). Respectfully, M~/~~~ Wayne P. Stutsman WPSlbs Ene. The Truth, Dated January 7,2006 Petition for Administrative Review .- feb 14 08 OS:4Sa p.3 THE TRUTH, MONDAY, JANUARY 7, 20~~.__ C1 t/OTICE OF DECISION Indiana Department of Environmental ManagerMol Please be ad"sM that the Indiana Depart",ent of En.lron- mental Management (IOEMl, Office of Land Ouallt~, has Issued a demonsttal)en projecl apptoval for VIM Rec - elln Inc. which is loc.t..:! at 29861 Old US ar . caun n ana. ~ er ow.! r. enl'l 0 !Ill rmKn IflRo e II anyone wishes 10 challenge this <leeis!on, Ie 13.15-6-1 and Ie 4-21.5'3-7 require thaI they II a titl" for ad. mlnistrativa review not talel than II een a er elng sa",e WI lS 00 lell. n er -. . e you are considered 10 be Ulrved with this notice when you afe personpllpe",ed with the nolice Dr lhree (3) days after the nollce .s deposited In the UnUed Stajes mail amI ~d- dressed to you. whIchever occurs first. Your Ii I nde- ~ r i tent h311~n e t~e eCls 0 mus eel ell v, e a U I n ernment ent~r ort . Mm _ue ana,s Ma Your filing a petition for adminMra~\ffl review Is comi'l~te on tl10 earliest of the 10110wln8 dates that apply to Ihe fil- ing, (I) Ihe date the document is delivered 10 the oEA, (2Yfhe dale 01 the postmark on the envelope Ctlntai~lng thedocumenl, if the cocum.nt Is mailed to OEA by U.S. mall; or (3l.The dale on which thfldo~~m!li1t Is deposited with a prioate carrlet, as shown by the receipt Issued by the ceroier, if the oooument I, se~rto the OEA by private carrier. This petition must 1I'l0lude facts demonstrating that the polltionet Is the applicant, a person aR~r1~ed by . the decision, or a person entlUed to revieW.b;J law. in or. der Ie assist the perm II s.laff In tracking eppeals, we re- Quest thet you .submlt a cu of r etltlon to JerO Jjll<l, indlena Department 0 nv,ronme" a agemen , "ljJ1iCe at Land Quality, Solid Waste Permits Section, 100 North $en.te Avenue.Rm. 1154, Indianapolis, Indiana 46204-2251. IdeMilying the permit decision [VIM Recy. ~liQg's Demonstration Proleet Approval at 29661 Old US 33, EI~h"m and ot this noliee will expedile ~eview at 1he pelitlen. Mdltlonally, Ie 13.15.6.2 requires that such pelition ler admlnlstrafi'll! review included: (l) The n~(lW and Address a en makin the uesl. I<!) I no JotereSI 01 Ine ms n ~ re ues ride ntiftcatu;m or an per. r-e pr~seli e Y I e p~rsQn I I I Ii! , . 0 co, atlon 8tlhe hearini' and 16) The permit t~rl\1S and conditIons which, in the lud~ment of 1M person m.~I.€ the request, would be allPrwr1ate. P~rsuanl lo.IC 4-21.5"3"5(d), the OEA will provide tho polltloner Qr any persan requesling Mtle,; with nollce of prehearing conferenoes, preliminary hearings, hearing stays, or orders disposing oj the pelltion lor review if a ' wrillen rCQv"sl for such nolice is s~bmllled to Ihe OEA at the above address. .If oU half. rocellulal or schllduHn questions regardin ~o . press an as Of ex ens~on 2-859 or dial (31])232.B591. Questions rC\l;;\.ding oth. et aspects of the permit decision sho~hJ b1l directed to Mr; Jerome .Rud at (800)451-6027, press 0 and ask lor him orexteTo$lon ::9200, oreall direct aI317123:1.7200. Please bring thiS maUat to Ihe attention of parsens you believe m;!)' haw an Interest in it January 7 .. feb 14 08 OS:49a p.4 Petition for Administrative Review This Petition is to challenge the IDEM Notice of Decision dated January 7. 2008 relating to VIM Recycling, Inc.. 29861 Old US 33, Elkhart, Indiana 46516. It is directed to prohibit Mr. Kenneth Will from performing grinding of Pile "c" material. The Decision Number is IC13-] 5-6-1 and IC4-21.5~3~ 7. The Petitions are to be forwarded to; Mr. Jerome Rud Office of EnvironmentaJ Adjudication (DEA) Indiana Government Center North, Room N501E 100 Senate Avenue Indianapolis, Indiana 46204-2200. I, , residing at (Petitioner's Name) (Address. City, State. ZIP Code) , foJlvJ 1 J1fY1 r / :/vP1tJ · ~tb IV J ~/[/- A}vl on this _ day of January, 2008, request denial of the permit issu site or e demonstratIon project. VlM remains in violation of .. .. ~ - - --~ .. -- 11(2007:-~d Elkhart County Zoni"IigO-- - dated September 15.2006 are in compliance. 7Jn/( : tu-fvo(- . Eu: eh! ( ?~~.