Posted 1/19/12
Board of Zoning Appeals Postpones Jan 17, 2012 Bradley Road Surface Mining Rehearing. On January 17, 2012 the Cleveland Board of Zoning Appeals agreed to postpone the Bradley Road Surface Mining Permit appeal until April 2, at 9:30 AM. They did so at the request of Mayor Jackson in order to “modify” the conditions in the letter of intent between the City of Cleveland and the property tenants Landsong Environmental, Inc and Ty Incorporated (aka the appellant). Legally the appellants are the property owners William Baumann, et. al. Tom Simich is the owner/president of Landsong Environmental, Inc and Ty Incorporated the tenants on the property. The Board of Zoning Appeals recognizes the tenant as the agent for the property owner.

In agreeing to postpone until April 2 the Board of Zoning Appeals instructed the city to submit the “modified” letter of intent to the Board of Zoning Appeals by close of business on February 17. BZA in turn will forward the letter of intent to Ward 12 Council Member Anthony Brancatelli and Old Brooklyn Community Development Corporation. Old Brooklyn CDC will post the letter to this web site.

BZA further instructed both the city and the appellant that they will not accept any request for another postponement, should either party believe it necessary, after close of business on March 22. Prior to that date either the city or the appellant can request another postponement. The Board will then decide if a postponement is warranted.

Posted 12/29/11
Board of Zoning Appeals Re-Hearing Scheduled for Jan 17, 2012. The Cleveland Board of Zoning Appeals, in executive session on December 19th, approved a resolution to re-hear the appeal to allow surface mining (removal of clean dirt) at the Bradley Road Landfill, 4300 Bradley Rd.

The Board agreed to reconsider this matter at the request of Mayor Frank Jackson because when the Board first heard the appeal on April 18th, 2011, the City had not presented a letter of intent between the City and the appellant. This letter of intent outlines conditions by which the City would support the appellant’s request to conduct surface mining.

On April 18th, the Board of Zoning Appeals denied the appellant’s request but the denial was not ratified. Ratification is the second step in the approval or denial process, after the Board passes a resolution in public session. It is the confirmation of the Board’s decision made one week after the resolution is adopted. This is done so that all the legal documents can be prepared which state the conditions and/or reasons that the Board verbally expressed in the resolution.

See notice below in Board of Zoning Appeals.

Posted 12/13/11
The entry cited below was entered into the docket of Cuyahoga County Court of Common Pleas (Civil Case identification CV–11-755449 on December 8 William Baumann et al vs. Board of Zoning Appeals Cleveland, Ohio et al).

This information has been sent by the court to the City of Cleveland Law Department who in turn will notify the Cleveland Board of Zoning Appeals. Based upon past communications, the dismissal of this civil case means the board can resume its consideration of rehearing the request to allow surface mining on the site of the Bradley Road Landfill, 4300 Bradley Road.

It is expected that the board will first discuss this in executive session which could be as early as December 19. If the board decides to rehear the matter the rehearing will be in a public session allowing all interested parties to testify. If the board decides not to rehear the matter they then must ratify the resolution of denial that was approved (but not ratified) on April 18, 2011.

Old Brooklyn CDC will continue to monitor this item and inform you any action taken by the Cleveland Board of Zoning Appeals, including a rehearing date if that is ordered.

Posted 11/3/11
A civil case in the Cuyahoga County Court of Common Pleas has halted the Cleveland Board of Zoning Appeals further consideration of the application by TY, Inc for a surface mining permit at the Bradley Road Landfill. Until such time as the civil case is complete the Board of Zoning Appeals is not expected to take action on the application.

The civil case is titled “William Baumann et al vs. Board of Zoning Appeals Cleveland” The case number is CV-11-755449. To read the current status of the case use the link below.

http://cpdocket.cp.cuyahogacounty.us/p_CV_Docket.aspx

At the Cuyahoga County Court of Common Pleas home page, after agreeing to the terms of site access, select the civil docket. Under the civil docket select 2011 as the case year and 755449 as the case number. Then follow the menu options at the top of the screen to view the details of the case.

Old Brooklyn CDC will continue to monitor the status of both the civil case and the application before the Cleveland Board of Zoning Appeals.

News articles:

"Bradley Road Surface Mining permit before Board of Zoning Appeals," Old Brooklyn News 33:12 (February 2012) p.1.

"Board of Zoning Appeals to re-hear request for surface mining off Bradley Rd."
by Tom Collins, Old Brooklyn News 33:11 (January 2012) p.6.

"Results of hearing re: surface mining at Bradley Road Landfill,"
by Tom Collins, Old Brooklyn News 33:3 (May 2011) p.5.

"Surface mining debate continues," Old Brooklyn News 32:10 (December 2010) pp. 1-2.

"Community meeting held to discuss Bradley Rd. mining operation," Old Brooklyn News 32:4 (June 2010) pp. 1, 8.

Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING
TUESDAY, JANUARY 17, 9:30 AM Postponed to Monday, April 2, 2012 (See above)
CLEVELAND CITY HALL
601 LAKESIDE AVE ROOM 514

RE-HEARING REGARDING BRADLEY RD LANDFILL
4300 BRADLEY ROAD
Print notice [pdf]

William Baumann is seeking a special use permit to allow for the removal of clean soil from the property identified below. The Board of Zoning Appeals will hear testimony from all interested parties prior to making a decision on this appeal.

It will be presented to the Board of Zoning Appeals on January 17 at the location stated above. Citizens are welcome to attend the hearing to support or oppose the request. If you are unable to attend you may send a letter to Board of Zoning Appeals, 601 Lakeside Ave Room 510, Cleveland, Ohio 44114 or fax a letter to 216-664-2631. E-mail may be sent to jhuber@cleveland.city.oh.us.

Old Brooklyn CDC recommends that you also address letters to Mayor Frank Jackson, 601 Lakeside Ave, Cleveland, Ohio 44114 and copy Old Brooklyn CDC at the address below. Previous communications on this issue may not be recognized by BZA. Any interested party should submit their communications as new communications as soon as possible.

For additional information regarding this issue visit www.oldbrooklyn.com and select Bradley Road Surface Mining Information

Please note that if you attend in person you must have a photo identification card to enter Cleveland City Hall. Pay parking is available in the parking garage below city hall entered from the driveway immediately to the West of city hall. Due to construction in the area street parking has been eliminated. It would be best to arrive at least 30 minutes early in case there are delays in parking and/or security checks.

Reference to the Council Member and Ward 12 is for Ward identification only and does not represent support or opposition for the permit.

BOARD OF ZONING APPEALS
JANUARY 17, 2012

9:30 Calendar No. 10-259: 4300 Bradley Road - Ward 12 - Anthony Brancatelli

50+ Notices
W.B. and M.. Bauman and Bradley Road, Incorporated appeal under Sections 329.01(e) and 329.02(d) of the Cleveland Codified Ordnances from the decision of the Zoning Administrator dated June 18, 2010 to deny the application for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-36-001, 009-36-002, 009-36,005, 009-36-006, 009-36-007, 009-34-002 and 009-34-004; that as determined by the Zoning Administrator of the Cleveland Building and Housing Department, the proposed grading/excavation use of the property is not a use permitted as of right under Section 345.04(a)(2) of the Cleveland Codified Ordinances. (Filed 12-8-10; Testimony Taken 4-18-10; Motion for Rehearing Granted 5-16-10)

9:30 Calendar No. 10-260: 4300 Bradley Road - Ward 12

W.B. and M.E. Bauman and Bradley Road, Incorporated appeal under Sections 329.03 and 329.04 for a use variance to allow grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-36-001, 009-36-002, 009-36-005, 009-36-006, 009-36-007, 009-34-002, and 009-34-004, contrary to the regulations in Sections 345.04(a) and (b) of the Cleveland Codified Ordinances. (Filed 12-8-10; Testimony Taken 4-18-10; Motion for Rehearing Granted 5-16-10)
.
9:30 Calendar No. 10-194: 4300 Bradley Road - Ward 12

W.B. and M.E. Bauman and Bradley Road, Incorporated appeal for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-36-001, 009-36-002, 009-36-005, 009-36-006, 009-36-007, 009-34-002, and 009-34-004; where the proposed use is subject to the limitations in Section 345.04(b)(21) and shall not have the effect or impact of being more injurious, hazardous, noxious or offensive than the enterprises listed in division (b) of Section 345.04(b), including: asphalt or tar manufacturing or refining; blast furnaces, ore smelting or reduction, refining or smelting; carbon, coke or lampblack manufacture; coal gas manufacture; cremation; creosote manufacture or treatment; dextrine, glucose or starch manufacture; disinfectant or insecticide manufacture which emits offensive odors; dye stuffs manufacture; manufacture of steel by the Bessemer process; match manufacture; oil cloth or linoleum manufacture; paper and pulp manufacturing; reduction or refining of petroleum or other flammable liquids; rock crushing; rubber manufacture by reclaiming processes; stock feed manufacture from refuse; tanning, curing or storing of rawhides or skins; wool pulling or scouring; and hair processing. Pursuant to Sections 352.08-12, a 10 foot wide landscaped strip providing at least 75 percent year-round opacity is required where the General Industry zoned parcels abut residentially zoned districts on the northerly and easterly proposed parcel project lines; and vehicle maneuvering areas shall be surfaced with concrete, asphaltic concrete, asphalt or other paving material that is approved by the Chief Building Official for the City of Cleveland in accordance with Codified Ordinance Section 349.07. (Filed 10-6-10; Testimony Taken 4-18-10; Motion for Rehearing Granted 5-16-10)

Board of Zoning Appeals Action on October 3, 2011 Regarding the Bradley Road Surface Mining Permit.

On October 4, 2011 Old Brooklyn Community Development Corporation was informed that the Cleveland Board of Zoning Appeals (BZA) received a joint communication from the City of Cleveland and attorneys for TY, Inc (appellant) requesting that the appellant’s petition for a rehearing of the Bradley Road Landfill Surface Mining Permit be scheduled for re-hearing. This request was jointly submitted on September 30th.  The city and appellant stipulated that they have met the BZA directive to conduct a public meeting (September 21) to explain the letter of intent between the City and TY, Inc prior to BZA agreeing to schedule a rehearing.

The Board of Zoning Appeals, in executive session on October 3, directed the staff to prepare a resolution for rehearing.  That resolution will be approved, denied, amended or rescheduled for action in executive session on Monday, October 10.

It is Old Brooklyn CDC’s understanding that the executive session is a closed session not allowing for public witness, participation or other communications.  The board will make known their action following the executive session.

If the matter is scheduled for rehearing it will be in a public session which will allows for testimony from members of the public.  Old Brooklyn CDC will post additional information on its web site, www.oldbrooklyn.com as it is received.

Old Brooklyn CDC did not request or support the motion for rehearing.

Applicant response to Council Member Brancatelli opposition to rehearing, May 13, 2011
Supplement to April 29, 2011 Motion for Reconsideration of Decision on Appeal

Resolution to Rehear Mining Permit, May 16, 2011

Council Member letter to BZA, May 9, 2011

Resident letter to BZA, April 28, 2011
     See also Correspondence to BZA/Mayor below.

Motion for reconsideration, April 28, 2011.

A Motion for Rehearing was submitted on April 25, 2011 and held pending for the following appeals heard on April 18, 2011:

Calendar No. 10-259: 4300 Bradley Road W.B. and M.E. Bauman and Bradley Road Incorporated appealed under Sections 329.01(e) and 329.02(d) of the Cleveland Codified Ordinances from the decision of the Zoning Administrator to deny an application for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage in a General Industry District.

Calendar No. 10-194: 4300 Bradley Road W.B. and M.E. Bauman and Bradley Road, Incorporated appealed for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage in a General Industry District, where the proposed use is subject to the limitations in Section 345.04(b)(21) of the Cleveland Codified Ordinances.

Calendar No. 10-260: 4300 Bradley Road W.B. and M.E. Bauman and Bradley Road, Incorporated appealed under Sections 329.03 and 329.04 for a use variance to allow grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage in a General Industry District.

Letter of Intent By and Among The City of Cleveland and (Tom Simich) Landsong Environmental, Inc. and Ty Incorporated, April 2011

BOARD OF ZONING APPEALS MEETING APRIL 18, 2011
REGARDING BRADLEY RD LANDFILL, 4300 BRADLEY ROAD

William Baumann is seeking a special use permit to allow for the removal of clean soil from the property identified below. The Board of Zoning Appeals will hear testimony from all interested parties prior to making a decision on this appeal.

It will be presented to the Board of Zoning Appeals on April 18 at the location stated above. Citizens are welcome to attend the hearing to support or oppose the request. If you are unable to attend you may send a letter to Board of Zoning Appeals, 601 Lakeside Ave Room 510, Cleveland, Ohio 44114 or fax a letter to 216-664-2631. E-mail may be sent to jhuber@city.cleveland.oh.us .

Old Brooklyn CDC recommends that you also address letters to Mayor Frank Jackson, 601 Lakeside Ave, Cleveland, Ohio 44114 and copy Old Brooklyn CDC at the address below. Communications previously submitted to the Board of Zoning Appeals will be recognized at the April 18 hearing.

Please note that if you attend in person you must have a photo identification card to enter Cleveland City Hall. Pay parking is available in the parking garage below city hall entered from the driveway immediately to the West of city hall. Due to construction in the area street parking has been eliminated. It would be best to arrive early.

Board of Zoning Appeals Agenda
POSTPONED FROM MARCH 7, 2011

Calendar No. 10-259: 4300 Bradley Road
Ward 12 Anthony Brancatelli   50 Notices
W.B. and M.. Bauman and Bradley Road, Incorporated appeal under Sections 329.01(e) and 329.02(d) of the Cleveland Codified Ordnances from the decision of the Zoning Administrator dated June 18, 2010 to deny the application for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-34-011, 009-36-002, 009-36,005, 009-36-006, 009-36-007, 009-34-002 and 009-34-004; that as determined by the Zoning Administrator of the Cleveland Building and Housing Department, the proposed grading/excavation use of the property is not a use permitted as of right under Section 345.04(a)(2) of the Cleveland Codified Ordinances. (Filed 12/8/10; no testimony taken.)

Calendar No. 10-260: 4300 Bradley Road
Ward 12
W.B. and M.E. Bauman and Bradley Road, Incorporated appeal under Sections 329.03 and 329.04 for a use variance to allow grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-36-001, 009-36-002, 009-36-005, 009-36-006, 009-36-007, 009-34-002, and 009-34-004, contrary to the regulations in Sections 345.04(a) and (b) of the Cleveland Codified Ordinances. (Filed 12-8-10; no testimony taken.)

Calendar No. 10-194: 4300 Bradley Road
Ward 12
W.B. and M.E. Bauman and Bradley Road, Incorporated appeal for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals on acreage located in a General Industry District and consisting of parcel numbers 009-36-001, 009-36-002, 009-36-005, 009-36-006, 009-36-007, 009-34-002, and 009-34-004; where the proposed use is subject to the limitations in Section 345.04(b)(21) and shall not have the effect or impact of being more injurious, hazardous, noxious or offensive than the enterprises listed in division (b) of Section 345.04(b), including: asphalt or tar manufacturing or refining; blast furnaces, ore smelting or reduction, refining or smelting; carbon, coke or lampblack manufacture; coal gas manufacture; cremation; creosote manufacture or treatment; dextrine, glucose or starch manufacture; disinfectant or insecticide manufacture which emits offensive odors; dye stuffs manufacture; manufacture of steel by the Bessemer process; match manufacture; oil cloth or linoleum manufacture; paper and pulp manufacturing; reduction or refining of petroleum or other flammable liquids; rock crushing; rubber manufacture by reclaiming processes; stock feed manufacture from refuse; tanning, curing or storing of rawhides or skins; wool pulling or scouring; and hair processing.  Pursuant to Sections 352.08-12, a 10 foot wide landscaped strip providing at least 75 percent year-round opacity is required where the General Industry zoned parcels abut residentially zoned districts on the northerly and easterly proposed parcel project lines; and vehicle maneuvering areas shall be surfaced with concrete, asphaltic concrete, asphalt or other paving material that is approved by the Chief Building Official for the City of Cleveland in accordance with Codified Ordinance Section 349.07.   (Filed 10-6-10; testimony taken.)

- Postponement requested by the City Administration and neighboring property owners in order to obtain additional information about the project.  

- Please note that the listing of the Ward and Council Member’s name is for ward identification purposes only and does not indicate support or opposition for the items before the Board of Zoning Appeals.

Print this notice [pdf]

Old Brooklyn CDC Actions

A RESOLUTION REGARDING A SURFACE MINING USE AT PROPERTY LOCATED AT 4300 BRADLEY ROAD, CLEVELAND, OHIO. April 12, 2011

WHEREAS, the Old Brooklyn Community Development Corporation (“OBCDC”) represents the interests of residents and businesses in the Cleveland neighborhoods of Old Brooklyn and Brooklyn Centre; and

WHEREAS, W.B. and M.E. Baumann and Bradley Road Inc. (the “Owners”) are the owners of certain property located at 4300 Bradley Road (PPNs: 009-36-001, 0099-36-002, 009-36-005, 009-36-006, 009-36-007, 009-34-002, 009-34-004) in the Old Brooklyn neighborhood (the “Property”); and

WHEREAS, the application by Ty, Inc., as contractor and on behalf of the Owners, to the City of Cleveland Department of Building and Housing to use the Property for grading, filling and excavation, including mining, removal, transfer and sale of soils and minerals (the “Proposed Use”) was denied by the City of Cleveland Zoning Administrator (the “Zoning Administrator”); and

WHEREAS, the Owners and Ty, Inc. have appealed the denial to the City of Cleveland Board of Zoning Appeals (the “BZA”) and have filed additional appeals with the BZA for: i) a special permit for the Proposed Use under Section 345.04(b) of the Codified Ordinances of Cleveland, Ohio (the “C.C.O.”), and/or ii) a use variance authorizing the Proposed Use under Section 329.03 of the C.C.O.; and

WHEREAS, residents living in the vicinity of the Property expressed strong opposition to the Proposed Use at a public meeting hosted by OBCDC, WireNet, Council Member Brancatelli (Ward 12), and the City of Cleveland on May 22, 2010.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the OBCDC:

1. Supports the decision of the Zoning Administrator denying the application for the Proposed Use because the Proposed Use is not a permitted use in a General Industry District, and urges the BZA to affirm the decision of the Zoning Administrator.

2. Urges the BZA to incorporate the following into any special permit of use variance allowing the Proposed Use at the Property: that, at a minimum: 1) Landsong Environmental, Inc. and Ty Incorporated (the “Operators”) comply with the applicable terms and conditions set forth in the letter of intent attached hereto as Exhibit A (draft dated 04/12/11); and 2) the Operators: a) establish an escrow fund to be used for siding, gutter and downspout maintenance and repair, painting, and semi-annual power washing of the houses on abutting properties on Skylane Drive and Gino Lane, b) provide for annual testing of soils of residential properties on Skylane Drive and Gino Lane for hazardous materials, c) limit the hours of operation at the Property on Saturdays to 9:00 am to 1:00 pm, and d) stabilize the slope bordering the backyards of the residential properties on Skylane Drive.

BE IT FURTHER RESOLVED, that a copy of this resolution be delivered to: Councilman A. Brancatelli, Cleveland City Council Ward 12; Darnell Brown, Chief Operating Officer, City of Cleveland; South Hills Neighborhood Association; Southwest Citizens Area Council; Brooklyn Centre Community Association; Brooklyn Centre Naturalists; Friends of Big Creek; TY Inc.; W. Baumann; and the Ohio Department of Natural Resources.

Gregory G. Huth, President
April 12, 2011 (special meeting)

OBCDC Questions: General questions regarding the operating agreement for surface mining and resumed land fill operations on the site of the Bradley Road Landfill, August 9, 2010.

Response to OBCDC Questions: Responses from Landsong Environmental Inc., September 7, 2010.

Public documents / meetings

Notice of Public Meeting as to Proposed Surface Mining at the Bradley Road Landfill Property, dated September 1, 2011. Meeting held at Knights of Columbus Hall, 4730 Broadview Road on Wednesday, September 21, 2011 between 6-9pm. In attendance: Tom Simich and Landsong/TY environmental consultants and legal counsel; City of Cleveland and OBCDC representatives.

Letter to homeowners - Correspondence from Andrew Czarzasty, Joseph B. Jerome and Associates, Attorneys, in behalf of Tom Simich, Landsong Environmental. Includes memo Extending Easements to Adjacent Property Owners - offered as proposed accommodation. Dated 2-28-2011.

BZA Application - Supplement to application to Cleveland Board of Zoning Appeals requesting: reversal of non-compliance finding in June 18, 2010 Notice of Conformance; or, granting of Special Use Permit.

OEPA Approval of permit coverage - Ohio Environmental Protection Agency (REVISED) Approval for coverage under Ohio EPA General Permit OHC000003 Authorization for Storm Water Discharges Associated With Construction Activity Under the National Pollutant Discharge Elimination System. Ohio EPA Facility Permit Number: 3GC04708*AG.

USACE Wetland and Stream Restoration Agreement - US Army Corps of Engineers Regulatory Branch Voluntary Wetland and Stream Restoration Agreement for Dept. of the Army Enforcement No. LRB-2000-01346, dated 10-28-10, signed 10-31-10.

Lease/Deed Affidavit by applicant Ty, Inc. to Ohio Dept. of Natural Resources, Division of Mineral Resources Management attesting to consent to mine clayey soils by virtue of operator agreement. January 19, 2010.

Bradley-Landsong Redact Agreement - Operator agreement between Bradley Road, Inc. and Landsong Environmental, Inc., dated 06-30-09.

Bradley Road Landfill Settlement Agreement: U.S. District Court, Northern District of Ohio, Eastern Division Case No. 1:04 CV 1757 (Brian J. Baumann vs. City of Cleveland, et al.) 2006 - pertaining to construction and demolition debris license.

ODNR Application: Surface Industrial Mineral Mining Permit Application IM-10428 made by Ty, Inc. to Ohio Dept. of Natural Resources, Division of Mineral Resources Management. [12MB]

Selected files - included in above Application:

• ODNR application response - Mining Application IM-10428 (Correspondence from ODNR to Hull & Associates, Inc., undated)
• Cover letter - (Correspondence from Hull & Associates, Inc. to Cuyahoga County Engineer, dated Jan. 12, 2010) Communication Documentation Regarding Road Use for Industrial Surface Mining Activities for Property Along Bradley Road in Cleveland
• Legal Notice: Cleveland Plain Dealer Feb. 12, 19, 26, Mar. 5, 2010.

Cleveland City Council Resolution, March 22, 2010

Res. No. 375-10. By Council Members Brancatelli, Kelley and Cummins.

An emergency resolution opposing the application to the Ohio Department of Natural Resources by Ty Inc. for a Mineral Mining Permit to strip mine sand and clay from 4300 Bradley Road adjacent to Skylane Drive in Ward 12.

Whereas, Ty Inc., an Independence corporation, has applied for a Mineral Mining Permit (#10428) to strip mine 8.5 acres along Skylane Drive and Bradley Road in Ward 12; and

Whereas, Ty Inc. intends to go down 30-40 feet in order to obtain approximately 20,000 to 30,00 cubic yards of clay and sand; and

Whereas, the land area requested to be strip mined is located between two creeks running through the area; and

Whereas, the strip mine would be adjacent to residences on Skylane Drive in Cleveland; and

Whereas, the 15 year permit may compromise the ecosystem of the creeks, the water and air quality of the area, the property value of the area residents and the quality of life of those residents; and

Whereas, granting such a permit could set a terrible precedent for other vacant land in our community; and

Whereas, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health, or safety, now, therefore,

Be it resolved by the Council of the City of Cleveland:

Section 1. That this Council hereby opposes the application to the Ohio Department of Natural Resources by Ty Inc. for a Mineral Mining Permit to strip mine sand and clay from 4300 Bradley Road, adjacent to Skylane Drive in Ward 12.

Section 2. That the Clerk of Council is hereby directed to transmit copies of this resolution to the Chief of the Ohio Department of Natural Resources, Division of Mineral Resources Management.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Adopted. Yeas 18. Nays 0. The City Record, March 24, 2010.

Correspondence to City of Cleveland on record

Army Corps of Engineers letter to Martin Gelfand, Kucinich Office re former Harshaw Chemical Co., resident Brady's concern regarding proposed surface mine and landfill, September 7, 2011.

Residents’ Letter to Mayor Jackson, August 3, 2011.

Residents’ Letter to Council of Great Lakes Governors, August 3, 2011.

Comments of Landsong Environmental, Inc. and Ty Incorporated relative to issues raised by residents in the letter of June 20, 2011 addressed to Chief Operating Officer Darnell Brown, July 11, 2011.

Residents' Letter to Army Corps of Engineers, June 20, 2011.

Residents' Letter to OH Dept of Natural Resources, June 11, 2011.

Council Member Brancatelli letter to BZA, May 9, 2011

Ronald Brady Resident letter to BZA, April 28, 2011

Friends of Big Creek (Mary Ellen Stasek, Chairman), October 29, 2010.

Earthday Coalition (Chris Trepal, Executive Director), October 22, 2010.

Denise Donaldson, October 21, 2010.

Jeffrey Sugalski, October 19, 2010.

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