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05120020-Correspondence
November 14, 2005 Mary E. Solada, attorney Bingham, McHale Ten West Market Street 2700 Market Tower Indianapolis, Indiana 46204 CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning LETTER of GRANT Docket No. 051.00031 ADLS Amend W~rket ,lace Best Bu- Si .ha e_ Dear Mary: At the meeting held November 1, 2005, the Subdivision Committee took the following action regarding the Architectural Design, Lighting, and Signage Amendn~nt (ADLS Amend) approval for the property located at West Carmel Marketplace, 9901 Michigan Road. APPROVED: Docket No. 05100031ADLS Amend. West Carmel Marketplace, Best Buy Signage. The Committee approved the signage, facade, and spotlight three (3) in favor, one (1) opposed (Hebcr) thereby granting the petition. In order to assist the Department's review, please attach a copy of this letter when making application for permits regarding the improvements contained within this approval. Do nor hesitate to contact me if I can be of further assistance. Sincerely, Matt L. Griffin Planning Administrator Department of Community Services 317-571-2417 cc: Sarah Lillard file 5 05040020 ADLS Amend pb Joseph E. Kernan Lori F. Kaplan Commissioner INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. 100 North Senate Avenue P.O. Box 6015 Indianapolis, Indiana 46206-6015 (317) 232-8603 (800) 451-6O27 v~vw. IN.gov/idem VIA CERTIFIED MAIL 7002 0510 0004 2581 5448 December 15, 2004 Mr. Tom McLaughlin Duke Realty, Inc. 600 E. 96th St., Suite 200 Indianapolis, I~q 46240 Dear Mr. McLaughlin: Re: Approval of State Isolated Wetland Permit Review Timeframe Expiration Project: West Carmel Marketplace IDEM No.: rwIP 2004-471-29-EME-A COE No.: 200400602-aka County: Hamilton Office of Water Quality staff has reviewed your application for a State Regulated Wetland Permit, as specified under Indiana Code (IC) 13-18-22, dated August 31, 2004, and received September 2, 2004. This office has also reviewed modifications to the mitigation plan submitted on your behalf by Mr. JeffMoody of Williams Creek Consulting dated September 17, 2004, and received by this office on September 20, 2004. According to the application, you propose to impact four Class I isolated wetlandstotaling 0.53 acre to facilitate the construction of a commemial development to be known as West Carmel Marketplace. You are claiming Wetland F as a Class I exemption (0.34 acre); therefore, you are applying for an Isolated Wetland Individual Permit to place fill material into three Class I isolated wetlands totaling 0.19 acre. As mitigation for these impacts, you propose to create 0.20 acre of Class II wetland onsithte adjacent to jurisdictional wetland D. The project is located northeast ofthe intersection of 96 Street and Michigan Road (U.S. 421} (Section 7, Township 17 North, Range 3 East) in Cannel, Hamilton County. In accordance with IC 13-18-22-7 (b) (2) your application was reviewed under the timeframes established for permits needed to impact Class I State Regulated Wetlands. Further, IC 13-18-22-8 (c) states that a permit is considered issued after thirty (30) days of the date of receipt. Since the review timeframe has expired, your project as described in your application dated August 31, 2004, and received September 2, 2004 is hereby issued. The project must be exec.uted as per the information contained in your application and in compliance with the applicable provisions of IC 13-18-22. Please Recycle Recycled Paper ~ An Equal O!~ortanity Employer to have been deposited with a private carder on the private carrier's receipt, if sent by private carder. Identifying the approval, decision, or other order for which you seek review by number, name of the applicant, location, or date of this notice will expedite review of the petition. Note that if a petition for review is granted pursuant to IC 4-21.5-3-7, the petitioner will, and any other person may, obtain notice of any preheating conferences, preliminary hearings, hearings, stays, and any orders disposing of the proceedings by requesting copies of such notices from OEA. If you have procedural questions regarding filing a petition for review you may contact the Office of Environmental Adjudication at 317-232-8591. If you have any questions about this decision, please contact Ms. Liz Elverson, Project Manager, of my staff at 317-233-2482, or you may contact the Office of Water Quality through the IDEM Environmental Helpline (1-800-451-6027). Sincerely, Martha Clark Mettler, Chief Watershed Plannin~ Branch Office of Water Quality CC.' Mike Litwin, USFWS Brian Boszor, IDNR Jon Dobosiewicz, City of Carmel-Division of Planning and Zoning JeffMoody, Williams Creek Consulting Amber Carson-Crane, North Augusta Neighborhood Association 3 Mitchell E. Daniels. Jr, Governor Thomas W. Easterly Commissioner 100 No~th Senate Avenue malanapolls, Indiana 46204 (317) 232-8603 (800} 451 ~6027 March 11 2005 Dear Storm Water General Permit Applicant: Re: Notice .of Sufficienc.v. INR 101978 West Carmel Marketplace Hamilton County The Notice of Intent (NOI) letter submitted to the Indiana Department of Environmental Management (IDEM) for the above-mentioned project is sufficient to comply with the NOI letter requirements of 327 IAC 15-5 (Rule 5). You must comply with all of the requirements of 327 IAC 15-5 (Rule 5), In accordance with 327 IAC 15-5-16, you are required to implement your Construction Plant maintain the erosion control structures until your project is complete, and amen.d your NOI as dates or other f.a. ct.s change. Al! Notices of Intent submitted for Rule 5 NPDES General Permit coverage are automatically hm~ted to a maximum term length of 5 years, IAW with 40 Code of Federal Regular!ohs 122.46(a), (regardless of the estimated end date provided on the Notice of Intent form/letter). All projects requiring coverage beyond the 5 years must reapply for a new permit 90 days prior the expiration date. This project permit # is INR101978 and provided project name is West Carmel Marketplace and is located in Hamilton County. This information is required for all correspondence that is submitted to IDEM pertaining to this project. NOTE: This Notice of Sufficiency does not constitute approval of your Erosion/Sediment Control Plan (E/SCP), nor does it supersede the requirements ofyour local Soil & Water Conservation District Office (SWCD) or the Indiana Department of Natural Resources, Division of Soil Conservation (DNR). Questions regarding the development or implementation of the E/SCP may be directed to the local coungy SWCD or if you are unable to reach the SWCD, please contact DNR at 317/233-3870. ~lny other questions regarding Rule 5 requirements may be directed to the IDEM Rule 5 Coordinator at 317/233-1864 or 800/451-6027 ex~31864. For info and forms visit: htt ://www.in.-ov/id~m/water/n des/ ermits/wetwthr/storrodrule_5.html Sincerely, Jay A. Davis. Rule 5 Coordinator Construction Storm Water Permitting Urban Wet Weather Section Office of Water Quality INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. Mitchell E. Daniels. Jr. Thomas IF. Easterly VIA CERTI_FIED MAIL Duke Construction, LP 600 East 96* Street Suite 100 Indianapolis, Indiana 46240 APRIL 4, 2005 7002 0510 0004 0440 0092 100 North Senate Avenue Indianapolis, Indiana 46204 (317) 232-8603 (800) 451-6027 www. IN.gov/idexa Dear Applicant: Re: 327 IAC Article 3 Construction Permit Application Plans and Specifications for Sanitary Sewer West Carmel Marketplace Permit Approval No. 17915 Carmel, Indiana Hamilton County The application, plans and specifications, and supporting documents for the above-referenced project have been reviewed and processed in accordance with rules adopted under 3271AC Article 3. Enclosed is the Construction Permit (Approval No. 17915), which applies to the construction of the above-referenced proposed sanitary sewer system to be located at 9901 North Michigan Road. Please review the enclosed permit carefully and become familiar with its terms and conditions. In addition, it is imperative that the applicant, consulting architect/engineer (A/E), inspector, and contractor are aware of these terms, conditions, and reporting and testing requirements. It should be noted that any person affected or aggrieved by the agency's decision in authorizing the construction of the above-referenced facility may, within fifteen (15) days from date of mailing, appeal by filing a request with the Office of Environmental Adjudication for an adjudicatory hearing in accordance with IC 4-21.5-3-7 and lC 13-15-6. The procedure for appeal is outlined in more detail in Part III of the attached construction permit. Plans and specifications were prepared by Woolpert, LLP. certified by Mr. Gregory S. Snelling, P. E., and' submitted for review on March 23, 2005. Recycled Paper ~ An Equal Opportunity Employer Please Recycle Any questions concerning this permit may be addressed to Mr. Willie D. Soliven, of our staff, at 317/232-8643. Questions concerning appeal procedures should be addressed to the Office of Environmental Adjudication, at 317/232-8591. WDS/pb Project No. M-16902 Enclosures CC: Sincerely, Kenneth A. Lee, Chief Facility Construction Section Office of Water Quality Hamilton County Health Department Hamilton County Commissioner CTRWD Woolpert, LLP Hamilton County Highway Departmem Indianapolis Water Company Page I of 5 Permit Approval No 17195 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AUTHORIZATION FOR CONSTRUCTION OF SANITARY SEWER SYSTEM UNDER 327 [AC ARTICLE 3 DECISION OF APPROVAL Duke Construction, LP, in accordance with the provisions oflC 13-15 and 327 IAC Article 3 is hereby issued a permit to construct the sanitary sewer system to be located at 9901 North Michigan Road. The permittee is required to comply with requirements set forth in Parts I, II and III hereof. The permit is effective pursuant to IC 4-21.5-3-4(d). Ifa petition for review and a petition for stay of effectiveness are filed pursuant to IC 13-15-6, an Environmental Law Judge may be appointed for an adjudicatory hearing. The force and effect of any contested permit provision may be stayed at that time. NOTICE OF EXPIRATION DATE This permit and the authorization to initiate construction of this sanitary sewer system shall expire at midnight May 1, 2006. In order to receive authorization to begin construction beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management at least sixty (60) days prior to the expiration date. Signed this 411t day of /k.PRIL j 20 05, for the Indiana Department of Environmental Management. Kenneth A. Lee, Chief Facility Construction Section Office of Water Quality Page 2 of 5 Permit Approval No 17195 SANITARY SEWER SYSTEM DESCRIPTION It is proposed to install approximately 70 feet of 8-inch diameter PVC ASTM D-3034 (SDR 35) sanitary sewer to serve one commercial lot in the referenced project with an expected total average flow of 22,000 gpd. The new sewer wilt be connected to an existing 15-inch diameter sanitary sewer located approximately 1,000 feet south of the intersection of Commerce Drive and Retail Parkway. Inspection of the new sanitary sewer during construction, maintenance after completion and wastewater treatment will be provided by CTRWD. CONDITIONS AND LJMITATIONS TO.THE AUTHORI_ ZATION FOR CONSTRUCTION OF SANITARY SEWERS During the period beginning on the effective date of this permit and extending until the expiration date, the permittee is authorized to construct the above described sanitary sewer system. Such construction shall conform to all provisions of State Rule 327 IAC Article 3 and the following specific provisions: PART I SPECIFIC CONDITIONS AND LIMITATIONS TO THE CONSTRUCTION PERMIT Unless specific authorization is otherwise provided under the permit, the perminee shall comply with the following conditions: l. All local permits shall be obtained before construction is begun on this project. 2. If pollution or nuisance conditions are created, immediate corrective action will be taken by the permittee. 3. The separation of sanitary sewers from water mains and drinking water wells must comply with 327 IAC 3-6-9. 4. All gravity sewer pipe must be leak tested using either a hydrostatic test or air test in accordance with 327 IAC 3-6-19(d). If using a hydrostatic test, the rate of exfiltration or infiltration shall not exceed 200 gallons per inch of pipe diameter per linear mile per day. Air test shall be as prescribed. Page 3 of 5 Permit Approval No 17195 The results of the gravity sewer leakage test and/or force main leakage test on the completed sewer shall be submitted to this office within three months of completion of construction. Deflection tests must be performed on all flexible pipe after the final backfill has been in place at least 30 days. No pipe shall exceed a vertical deflection of 5%. Deflection test results shall be submitted with the infiltration/exfiltration test results. (The following are considered nonflexible pipes: vitrified clay pipe, concrete pipe, ductile iron pipe, cast iron pipe, asbestos cement pipe.) 7. Manholes shall be air tested in accordance with ASTM C1244-93, Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test. The manhole test results shall be submitted with the gravity sewer leakage test results. Failure to submit test results within the allotted time period or failure to meet guidelines as set forth in the above conditions could be subject to enforcement proceedings as provided by 3_27 iAC 3-5-3~ Page 4 of 5 Permit Approval No 17195 PART II GENERAL CONDITIONS No significant or material changes in the scope of the plans or construction of this project shall be made unless the following provisions are met: Request for permit modification is made 60 days in advance of the proposed significant or material changes in the scope of the plans or construction; b. Submit a detailed statement of such proposed changes; c. Submit revised plans and specifications including a revised design summary; and d. Obtain a revised construction permit fi.om this agency. This permit may be modified, suspended, or revoked for cause including, but not limited to the following: a. Violation of any term or conditions of this permit: bo Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts. Nothing herein shall be construed as guaranteeing that the proposed sanita~ sewer system shall meet standards, limitations or requirements of this or any other agency of state or federal government, as this agency has no direct control over the actual construction and/or operation of the proposed project. If this project will require the discharge of dredged or fill material into waters of the state, your project will require authorization from the U. S. Army Corps of Engineers and IDEM,OWQ-Section 401 Water Quality Certification Program. For more information contact IDEM-OWQ at 317~233-8488 or visit our web site at ~www.in.~lanbr/401/i_ndex.html Page 5 of 5 Permit Approval No 17195 PART III APPEALS PROCEDURE Anyone wishing to challenge this agency's decision for authorizing the construction of this facility may do so, provided that a petition for administrative review is filed as required by IC 4-21.5-3-7, The petition must be submitted within fifteen (15) days of the date of mailing of this permit notification, The petition must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by this decision, or otherwise entitled to review by law. Additionally, IC 13-15-6-2 requires that your petition include: 1. The name and address of the person making the request; 2. The interest of the person making the request; 3. Identification of any persons represented by the person making the request; 4. The reasons, with particularity, for the request; 5. The issues, with particularity, proposed for consideration at the hearing; and Identification of the permit terms and conditions which, in the judgement of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing permits of the type granted or denied by the Assistant Commissioner's action. Pursuant to IC 4-21.5-3-1(0, any document serving as a petition for review or review and stay must be filed with the Office of Environmental Adjudication. Filing of such a document is complete on the earliest of the following dates: The date on which the petition is delivered to the Office of Environmental Adjudication, Indiana Government Center North, 100 North Senate Avenue, Room 1049, Indianapolis, Indiana 46204; The date of the postmark on the envelope containing the petition, if the petition is mailed by United States mail; or The date on which the petition is deposited with a private canner, as shown by a receipt issued by the carrier, if the petition is sent by private carrier. RGP GENERAL CONDITIONS: I. Discharges of dredged or fill material into waters of the United States must be mimmized or avoided to the maximum extent practicable at the project site (i.e. on-site). The permittee shall provide a mitigation/monitoring plan for any activity where the adverse impact on special aquatic sites exceeds 0.10 acre (4,356 sq. ft.) or is determined to be more than minimal impact. In detemaining the minimal impact threshold, the Districts will consider the direct and secondary impacts of the fill or work and any mitigation measures. A wetland delir/eation report is also required. NOTE: An important element of any mitigation plan for projects in or near streams, other open waters and wetlands is the requirement forvegetated buffers. Therefore, all mitigation plans should include a minimum 50,foot wide buffer between the edge of the project site and the waters and/or wetlands to be affected unless a lesser distance has been specifically approved under/he RGP. 2. The permittee shall, if mitigation is required, develop the mitigation site concurrently with site construction. This will assure that aquatic functions are not lost for long periods of time which could adversely affect water quality and wildlife. 3. The permittee shall ensure that sedimentation and soil erosion control measures are in place prior to any construction activity. This shall include the installation of straw bale ban'iers, silt fencing and/or other approved methods to control sedimentation and erosion. 4. The permittee shall ensure that areas disturbed by any consu'uction activity, including channel banks, are immediately stabilized and revegetated with a combination of grasses, legumes and shrubs compatible to the affected area. 5. The permittee shall ensure that all in-stream construction activity is not performed during periods of high stream flow or during the fish spawning season between April 1 through lune 30 without first contacting the IDNR, Division offish and Wildlife for their expertise on impacts to the fishery resource. Additionally, the discharge of dredged and/or fill material in known waterfowl breeding areas must be avoided to the maximum extent practicable. 6. The perm~ttee will ensure that the activity authorized will not disrupt movement of those aquatic species indigenous to the waterbody, including those species which normally migrate through the area unless the activity's specific purpose is to impound water. 7. The permtttee shall ensure that all construction equipment is refueled and maintained on an upland site away from existing streams, drainageways and wetland areas. Heavy equipment working in wetlands must be placed on mats, or other measures taken to minimize soil disturbance. 8. The permlttee must provide a copy of the site specific State Section 401 WQC before the Corps will authorize a project under the RGP. 9. The permittee must comply with any case specific special conditions added by the Corps or by the State Section 401 WQC. The conditions imposed in the State Section 401 WQC are also conditions of this RGP. 10. The perm~ttee shall assure that no activity authorized by the RGP may cause more than a minimal adverse effect on navigation. 11. The permittee shall ensure proper maintenance of any structure or fill authorized by this RGP, including maintenance to ensure public safety. 12. The permittee shall not perform any work within any Wild and Scenic Rivers or in any river officially designated as a "study river" for possible inclusion in the system, unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity authorized by the RGP will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained fi:om the appropriate Federal Land Management agency in the area (e.g.U.S. Forest Service, Bureau of Land Management or the U.S. Fish and Wildlife Service). 13. The permittee shall not perform any work under the RGP which is likely to jeopardize the continued existence of a threatened or endangered species or a' species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. The permittee shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work under the RGP until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Authorization of an activity under the RGP does not authorize the "take" ora threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act. 14. The permittee shall not perform any activity under the RGP which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The permittee must notify the District Engineer if the activity authorized by the RGP maY affect any historic properties listed, determined to be eligible or which the permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin construction until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology. 2 If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the activity authorized by the RGP. work must be immediately stopped and this office immediately notified of what you have found. The District will initiate the Federal, tribal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 15. The permittee shall not perform any work under the RGP where the discharge of dredged and/or fill material would occur in the proximity of a public water supply intake except where the activity is for the repair of the public water supply structure or adjacent bank stabilization. 16. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material may consist of unsuitable materials (e.g. trash, debris, car bodies, asphalt, etc.) and that materials used for construction or discharge must be free from toxic pollutants in toxic al'nouxlts. 17. The permittee shall, to the maximum extent practicable, design the project to maintain pre- construction downstream flow conditions. Furthermore, the work must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose is to impound water) and that the structure or discharge of fill must withstand expected high flows· The project must provide, to the maximum extent practicable, for retaining excess flows from the site and for establishing flow rates from the site similar to pre-construction conditions. 18. The permittee shall ensure that if the activity approved by the RGP includes impoundment of water, measures will be taken to minimize adverse effects on the aquatic ecosystem caused by the accelerated passage of water and/or the restriction of flow. 19. The permittee shall ensure that all temporary fills, authorized under the RGP, be removed in their entirety and the affected areas returned to pre-construction elevation. 20. Representatives from the Corps of Engineers and/or IDEM may inspect any authorized activity or mitigation site at any time deemed necessary to ensure compliance with the terms and conditions of the RGP, Section 401 WQC, and applicable laws. 21. All work authorized by this RGP must be completed by the expiration date of this RGP or 1 year after the date of the Corps authorization letter, whichever occurs later. If you find you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 3 months before the expiration date. 22. The permittee after completion of work under the RGP shall submit a signed certification letter regarding the completed work and required mitigation, if applicable. The certification letter will include a statement that the work was done in accordance with the RGP authorization including compliance with all general and special conditions and completion of mitigation work. EXPIRATION DATE: This Regional General Permit will be in effect for a period of~. At the end of the 5-year period, the impact of the authorized activities will be evaluated and a decision made whether or not to renew this permit. Further, the Districts may, at any time during this 5-year period, alter, modify, or revoke this permit, should it be determined that such action would be in the overall public interest. Information pertaining to this Regional General Permit including the Combined Decision Document is available for public examination during normal business hours upon prior request. Any questions pertaining to this regional permit should be addressed to IvY. ~ 'i~4~, CEORL-OP-FN at the address noted above and should refer to Regional General Permit No.1. Additionally, questions can be submitted by e-mail at ~j ~_lrl02.usace.arm .y_,~j!. 4 Operations Division Regulatory Branch (North) ID No. 200400602-aka DEPARTMENTOF THE ARMY U.S. ARMY ENGINEER DISTRICT. LOUISVILLE CORPS OF ENGINEERS iNDIANAPOLIS FIELD OFFICE 9799 BILLINGS ROAD NDIANAPOLIS. INDIANA 46216-1055 FAX: (317) 532-4228 htt p://www.lrl,usace, a rmy.mil December 20, 2004 Mr. Tom McLaughlin Duke Realty Corporation 600 East 96th Street, Suite 100 Indianapolis, Indiana 46240 Dear Mr. McLaughlin: This is in response co your request for a Department of the Army Permit co fill a 0.09-acre scrub-shrub wetland, construct a permanent crossing over approximately 102 linear feet of an unnamed tributary to Crooked Creek requiring the fill of approximately 0.02 acres below the ordinary high water mark of Crooked Creek, and construction of a temporary crossing over 40 feet of Crooked Creek requiring the fill of approximately 0.009 acres below the ordinary high water mark of Crooked Creek. These impacts are proposed to facilitate the development of the West carmel Marketplace shopping center. The proposed project is located in the southeast quarter of Section 7, Township 17 North, Range 3 East, northwest of Indianapolis, in Hamilton County, Indiana. Under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA), the Louisville and Detroit Districts issued Regional General PermiE (RGP) No. 1 on February 11, 2000, for certain activities having minimal impact in Indiana. We have verified that your proposed work shown on the enclosed plans and described below is authorized under the RGP. Therefore, you may proceed with the work subjec~ to the enclosed general conditions, the Indiana Deparumenc of Environmental Management (IDEM) Section 401 Water Quality Certification dated (WQC) November 22, 2004, the mitigation plan dated July 2004 and any noted special conditions. The following work is authorized: Placement of clean earthen fill maueriat into 0.09 acres of scrub-shrub wetland and placement of rlprap/culverts into 0.029 acres of Crooked Creek and its unnamed tributary. Special Conditions: The temporary crossing within Crooked Creek should be removed and pre-construction contours should be restored no later than November 1, 2005. Written verification that this measure has been met should be provided to the above address by November 15, 2005. of planting. Monitoring should commence in the last month of the 2005 growing season. The first monitoring report will be due after the 2006 growing season. Copies of monitoring reports should be provided to this office no later than December 31. A copy of the conservation easement, deed restriction for the mltlgation area, including associated buffer, should be provided to this office within 30 days of release by this office from further monitoring of the mitigation site. Any new construction activity other than that shown on the attached plans may not qualify for the RGP. If your plans change or if additional activities are proposed, please submit revised plans to this office for revlew prior to construction. Enclosed is a "Notice of Authorization" To be displayed at the construction site in a conspicuous place. Upon completion of the work authorized by this RGP, the enclosed Compliance Certification form must be completed and returned to this office. A copy of this letter will be sent to the Indiana Department of Environmental Management and your agent (see enclosure for address). If you have any questions concerning this matter, please contact this office at the above address, ATTN: CELRL-OP-FN or call me at %317) 532-4198. Any correspondence on this matter should refer to our ID Number 200400602-aka. Sincerely, Amy K. Sharp Project Manager Regulatory Branch Enclosure Co -lian ~fi ati-. :_ Permit Number: 200400602-aka Name of Permittee: Tom McLaughlin Date of Issuance: December 20, 2004 Upon completion of the activity authorized by this permit and any mitigation required by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attn: MS. Amy Sharp; OP-FN 9799 Billings Road Indianapolis, Indiana 46216 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail co comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ADDRESS FOR COORDINATING AGENCY Ms. Liz Elverson Indiana DeparTment of Environmental Managemen5 Office of Water Quality P.O. Box 6015 Indianapolis, Indiana 462C6-6015 ADDRESS FOR AUTHORIZED AGENT Mr. Jeff Moody Williams Creek Consulting, Inc. 846 N. Sena5e Avenue Indianapolis, Indiana 46202 , cohspicuOusly United States Army Corps of Engineers has been issued to: Mr. Tom McLaughlM, Duke Realty Corporation mt: December 20, 2004 AddreSs of Permittee: 600 East 96m ~treet, ~ul~ 10~, IndlanapMil, Indlmm 46240 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. Joseph E. Kernan Governor Lori F. Kaplan Commismon~r 100 Notlh Senate Avenue P.O. Box 6015 Indianapolis, Indiana 46206-6015 (317) 232-8603 (800) 451-6027 www. IN gev/idem VIA CERTIFIED MAIL 7002 0510 0004 2630 2985 November 22, 2004 Mr. Tom McLaughlin Duke Realty, Inc. 600 E. 96m St. Suite 200 Indianapolis, IN 46240 Dear Mr. MeLaughlin: Re: Section 401 Water Quality Certification Project: West Carmel Marketplace IDEM No.: 2004-471-29-EME-A COE No.: 200400602-aka County: Hamilton Office of Water Quality staff has reviewed your application for Section 401 Water Quality Certification dated August 31, 2004, and received September 2, 2004. According to the application, you propose to impact 40 feet of Crooked Creek and place 0.009 acre of riprap below the Ordinary High Water Mark (OHWM) for a temporary stream crossing. You also propose to impact 102 feet of an unnamed tributary of Crooked Creek (0.02 acre riprap below the OHWM) to facilitate the creation of a permanent road crossing. You also propose filling 0.09 acre of jurisdictional scrub-shrub wetland. Proposed mitigation for the creek and jurisdictional wetland impacts is the enhancement of 1.44 acres of existing disturbed onsite wetland. Specifically, the applicant proposes to plant approximately 70 1.5" DBH hydrophyfic trees and 80 containerized hydrophytic shrubs in the wetland and plant a 15-foot prairie buffer around the wetland. The project is located in Section 7, Township 17 North, Range 3 East in Carmel, Hamilton County. The project also proposes impacts to four Class I isolated emergent wetlands totaling 0.53 acre that are regulated separately under the State Isolated Wetlands law [Indiana Code 13-18-22). Impacts to isolated wetlands are not authorized under this Water Quality Certification. Proposed impacts to isolated wetlands will be evaluated under the applicable provisions of Indiana Code 13-18-22. Based on available information, it is the judgment of this office that the proposed project will comply with the applicable provisions of 327 IAC 2 and Sections 301,302, 303, 306, and 307 of the Clean Water Act if the recipient of the certification complies with the conditions set Please Recycle ~-* Recycled Paper ~ An Equal Opportanity Employer The written request shall contain an account of which discharges and mitigation have been completed and list the masons an extension is requested. PROJECT SPECII~C CONDITIONS: The recipient of the certification shall: Implement the enhancement/rehabilitation plan as described in (a) the application received September 2, 2004 (referred to collectively hereinafter as the "mitigation plan"), and ~s modified by ~e conditions of this certification. The wetland(s) created or enhanced pursuant to the mitigation plan shall be referred to hereinafter as the "mitigation wetland" or "mitigation wetlands." Complete all activities necessary to create the mitigation wetland within one (1) year of the effective date of this certification, unless IDEM grants a written extension upon request. These activities include excavation, grading, installation of hydrologic controls, and planting. Clearly identify on-site all mitigation wetlands after construction of the mitigation wetlands. Install survey markers to identify the boundaries of the wetlands. If the mitigation wetlands to be created are adjacent to or near existing wetlands, then the survey markers must distinguish the created wetland fi:om the existing wetland. Monitor the mitigation wetland annually to determine whether it is achieving the success criteria contained in Project Specific Condition 8 of this certification and complete corrective actions as are necessary to ensure the mitigation wetland will achieve the success within the required period. These corrective actions may include additional grading, plantings, or relocation of the mitigation wetland, along with extended monitoring. Describe in the monitoring reports any corrective actions taken to ensure success of the mitigation site. Submit annual monitoring reports of the mitigation wetland to this office by December 31 of each year until released fi:om monitoring by this office. These reports shall contain information concerning what steps the recipient of the certification has taken to create the mitigation wetland and whether the wetland is achieving each of the success criteria outlined in Project Specific Condition 8. The reports shall include the following: a. The IDEM identification number. b. As-built plans (in the tim year's report). c. Discussion of hydrology at the mitigation site. d. Discussion of plant community development at the mitigation wetland site. e. Discussion of methods or means used to detertmne compliance with the success criter/a. including fill material, in them or their excavation shall be prohibited. A copy of the signed and recorded modification to the deed shah be ~ed with this office 'within sixty (60) days of the recipient of the certification's release from · monitoring requirements. lO. Remove any temporary causeway or other structures used to facilitate construction or access upon completion of construction activities. 11 Install silt fence or other erosion control measures around the perimeter of any wetlands and/or other waterbodies to remain undisturbed at the project site. 12. Work from only one side of the stream, and where possible, from the side which does not have adjacent wetlands. If no wetlands are present, work from the side with the fewest trees and woody vegetation. If both banks are equally vegetated, work only from the north or east side, whichever is appropriate. 13. Allow no construction equipment, temporary nm-arounds, coffer dams, causeways, or other such structures to enter or be constructed within the stream, unless specifically stated, depicted, or detailed in the aforementioned correspondence and project plans. A modification of this Section 401 Water Quality Certification is required from this office if any of the aforementioned items are needed for project construction. This certification does not relieve the recipient of the responsibility of obtaining any other permits or authorizations that may be required for this project or related activities from IDEM or any other agency or person. You may wish to contact the Indiana Depamnent of Natural Resources at 317-2324160 (toll flee at 877-928-3755) concerning the possible requirement of natural freshwater lake or floodway permits. In addition, you may wish to contact IDEM's Stormwater Permits Section at 317-233-1864 concerning the possible need for a ~27 IAC 15-5 (Rule 5) permit if you plan to disturb greater than one (1) acre of soil during constmction. This certification does not: (1) authorize impacts or activities outside the scope of this certification; (2) authorize any injury to persons or private property or invasion of other private rights, or any infringement of federal, state or local laws or regulations; (3) convey any property rights of any sort, or any exclusive privileges; (4) preempt any duty to obtain federal, state or local permits or authorizations required by law for the execution of the project or related activities; or (5) authorize changes in the plan design detailed in the application. Failure to comply with the terms and conditions of this Section 401 Water Quality Certification~may result in enforcement action against the recipient of the certification. If an enforcement action is pursued, the recipient of the certification could be assessed up to $25,000 per day in civil penalties. The recipient of the certification may also be subject to criminal 5 If you have any questions about this certification, please contact Ms. Liz Elverson, Project Manager, of my staff at 317-233-2482, or you may contact the Office of Water Quality through the IDEM Environmental Helpline (1-800-451-6027). Sincerely, Ma~ha Clark Mettler, Chief Watershed Planning Branch Office of Water Quality Enclosure - Sample Deed Restriction Amy Sharp, USACE-Indianapolis Liz McCloskey, USFWS Brian Boszor, IDNR JeffMoody, Williams Creek Consulting Amber Carson-Crane; North Augusta Neighborhood Association 7 ,arah N To: Lillard, Sarah N Subject: RE: West Carmel Market Place. Sarah. 'M 46060 Sent: Fr day, To: jsouth Subject: RE: West Carmel Market Place. ,.gov] Let me know, Thank you, Sarah ad and taking in the submittal to get the tnything ~ntil you have signed off. · 17, 2005 4:15 PN ah. for this construe project, D d soil ; and the approved plan. John South Hamilton County Soil and Water Conservation District 1108 South 9th Street Noblesville, 1N 46060 ph- 317-77~-1406 control has been ,rotected as required by the 11/21/2005 From: jsouth [john-south@iaswcd,org] Sent: Thursday, November 17, 2005 4:15 PM To: Litlard, sarah N Subject: West Carmel Market Place. ~ until the erosion control has been completed for as required by the rule and the approved plan, Water Conservation District 11/18/2005 ~'or West Carmel Marketplace Phase 2 Page 1 of 3 To: Scott I 7, 2005 11:03 AM Phase 2 hamilton.ln.i tiffin, Matt L ~ 1 total amount with · copies are ready for pick-up. OCS Jbmi Griffin, Matt L @co.hamilton.i~ : Hoyt, Gary A; Blanchard, .lim may be incorrect, s nee it falls within the original ADLS approvals. Our Ior lots that had not gone through ADLS approvals yet. I hope th s helps. 11/15. Waiting for approvals. Rodney G. Reinhart ,4anager is. IN 46240 Direct: (317) 808-6620 17) 809-0062 ard@carmel.in,gov] 11/17/2005 N Sent: Reinhad [Rodney. Reinhart@dukerealty.coml November 17. 2005 10:45 AM Cc: nifer Brunet .org; I, Dick B; Duncan, Gary R; Hoyt, Gary A; ri,us; Griffin. Matt L Subject: RE: Pre-Submittal for West Carmel Marketplace Phase 2 i. Sati t phase one, wh ch may be ncorrect since it fails within the original ADLS approvals, Our se two was meant for o~:s that had not gone through ADLS approvals yet. I h~pe this helps. /15, Waiting for approvals, Thanks nhart s, IN 46240 Fax: (317) 808-6797 Email: rodney.re nhart@dukerealty,com ..... Or. igin I Message .... Fro~: UII rd, Sarah N Se.nt: Tht sday, Noverr To: Cand~ Felt.her; Con~ Brewer, S( )tt I; Do an, Vt m,b~@co, am ItonJn us; Cc: Rodn( , Reinhart; 3~r Subject: RE: Pre-Submit ailto:SLillard@carmelJn.gov] !r 17, 2005 9:54 AM . Ang~lina V; Hill, Dick B; ~D. uncan, Gary R, Hoyt, Gary A; Blanchard, .lim E; ~n ca A; Al(ers, W Iliam P; grh@co.hamilton.in.us; john-south@iaswcd.org; ~ley~ Amanda ,1; Griffin, Matt L Fei: Bruner for west Carmel Marketplace Phase 2 I had ass,umed that this was phase 2 of the West Carmel Marketplace project, as the Marshall's store part of the g~ailding had already been released/issued ~ p~mit. Since these two tenants (Best Buy and In-Line) Were coming in at the sa,me ti~ae for their portion of the building tha~ Will later be ~onnected to ~he Marshall s portion, I called this Phase 2. If it is labded otherwise on your plans. I apologize for the confusion. I don't know if Mr. Reinhart can clear this up for us. Thank you. Sarah 172005 Lillard, Sarah N Thursday November 17, 2005 10:59 AM L lard Sarah N Conn Angel na V Hill Dick B; Duncan, Gary R; Hoyt, Gary A; Blanchard Jim E; BreWer, Scott; Do an, ~eron ca A; Akers, William P; grh@co,hami ton.i~ us; 'john- south@iaswcd,org' 'Candy Feltner'; mbm@co,hamilton.i~.us'; Foley, Amanda J; Griffin, Matt L 'rodney.reinhart@dukereatty.com RE Pre-Submittal for West Carme Marketplace Phase One Civic Square, Carmel, tN. 46032. ~lanner Page 1 of 2 firm ~chembre@dukerealty.com; ty. com wS]l hope to see the plat in <Rodney. Reinhart@dukerealty.com> 10:06 AM Tuesday, November 15 2005 2005 OUE SOOIL ents granted for 99th affect the 3 Re: 3 Duncan, Gary R; Hoyt, Gary A; Btanchard, N; Dolan, ~/er0nica A; Akers, William P; ~iaswcd,org left in PENDING N. Michigan Rd.) Buy and In~Line areas a written ROW grant to the · ' whichis composed of all owners of parcds/lots Let me know ~ you have any questions. 2005 a reqlleSt to ~ct.) AMEND. please REPLY TO ALL on this be platted, ~vho will be responsible for the common request to "REPLY TO may proceed : PENDING PENDING Subject: Li lard Sarah N WeSt Carmel Marketplace Ity.com] above project at 10025 N. Michigan Road Best guy Interior (Suite 180). I ~vill fax over Indianapolis, IN 46240 Direct: (317) 808-6620 Mobile: (317) 809-0062 Fax: (317) 868-6797 Email: r0d~ey.reJ2hart@dukerealty.com ,City of Carmel Carmel Clay Gommunlcationa Center $1 ls~ AV~NUF~ N,W. CARMm, INDIAblA ~132 March 18, 2005 .$tT/571.z580 Duke Re~l.~ ity Coporation c,00 E st #160 Indianapolis. Indiana 46240 Atto: Rodney Reinhart Dear Rodney, This is formal notification of addresses assigned to thc project called Walnut Creek Marketplace. The following are the addresses assigned to the project: · The big Retail Center - 1002S N Michigan Road o ~_ -~-__e ... . _- _ m - -~ _ _ '._ _ ~ - .All tenant spaces in each building..with have to utilize suite numbers in the 1 O0 series in !ncrements of 1,.0: ex_eClat for the b.lg ret~., which could use increments of 20 for future !,eh .ant.,s ,.l~e s..p. itls. ire suite num.bcrs ~wll! need to run left to right as you face the front of ~n¢ D,OllCaifl_g. l'leltse ~ sure there 15 suf~ctent signage along Michigan Road to signif the tOcation or' the Marketplace Center. Y Please keep this lc?er as proof ofthe addresses assigned, you will n. eed to show it when applying for permits with the City of Carmel. If you have any questions or concerns feel free to contact me at the above number. Bill Akers 911 Operations Manager Carmel Communications Center Construction/Stormwater Pollution Prevention Plan Plan Submittal Date: Technical Review and Comment (Form 1) Marketplace County: Hamilton 1 ]/26/04 Hydrologic Unit Code: 5120201090070 East side of US421, 1/4 mite south of 106th Street Latltudeand Longitude:Lat- 39-55'-56"N Long- 86-13'-48"W Civil Township: Clay Quarter: Section: Project Owner Name: Duke Realty Corp. Contact: Mary Solada with Bingham McHale LLP Address: l0 West Market Strcet. 2700 Market Tower City: Indianapolis State: IN 317-635-8900 FAX: 317-236-9907 E-Mail: 7 Township: t 7N Range: Zip: 462044900 msolada @ binghammchale.com 3E Affiliation: Woolpert LIP Address,s: 7140 Waldemar Drive City: Indianapolis State: IN Phone: 317-299-7500 FAX: 317-291-5805 ['lan Reviewer.' John B. South P.E. CPESC Agency: Hamilton County Soil and Water Conservation District South 9th Street Noblesville State: IN 317-773-2181 FAX: 317-776~1101 Zip: 46268 E-Ma~ Zip: 46060 E-Mail: john-south @iaswcd.org plan satisfies the minimum requirements and intent of 327 IAC 15-5. [] Please refer to additional information included on the following page(s). [] Submit Notice of Intent (NOD: Attach a copy of this cover page when submitting the NO/to the Indiana Department of Environmental Management. Construction activities may begin 48 hours following the submittal of the NOI. A copy of the NOI must also be sent to the Reviewing Authority (e.g. SWCD. DNR). [] A preliminary plan review has been completed; a comprehensive review will not be completed within the 28-da~, review period. The reviewing authority reserves the right to perform a comprehensive review at a later date a~d revisions to the plan may be required at that time to address deficiencies. [] Please refer to additional information included on the following page(s). [] Submit Notice of Intent (NOD: Attach a copy of this cover page when submitting the NOI to the Indiana Department of Environmental Managemen~ Construction activities may begin 48 hours following the submittal the NOL A copy of the NOI must also be sent to the Reviewing Authority (e.g. SWCD. DNR). '-] PLAN IS DEFICIENT: Significant deficiencies were identified during the plan review. [] Please refer to additional information included on the following page(a). [] DO NOT ~e a Notice of Intent for this project. [] DO NOT commence land disturbing activities until all deficiencies are adequately addressed, the plan re- submitted, and notification has been received that the minimum requirements have been satisfied. [] Plan Revisions [] Deficient Items should be mailed or delivered to the Principal Plan Reviewer identified in the Plan Review Section above. DNR, Division of Soil Conservatton Page 1 of 8 Revised 12/09/03. Form I Construcfion~tormwater Pollution Prevention Plan. Technical Review and Comment (Form 1) West Carmel Marketplace ~ Reviewed: Fhe technical review a e Construction/Stormwater Pollulion Prevention Plan for the project, The Plan submitted was not reviewed for the adequacy of the engineering design. All neasures included in the plan, as well as those recommended in the comments should be evaluated as to their feasibility 5y a qualified individual with structural measures designed by a qualified engineer. The Plan has not been reviewed for other local, state, or federal permits that may be required to proceed with this project. Additional information, ;ncluding design calculations may be requested to fitrther evaluate the Plan. ~ll proposed stormwater pollatiofl prevention measures and those referenced in this review must meet the design criteri~ ~nd standards set forth in the "Indiana Stormwater Quality Manual"from the Indiana Department of Natural of $oil Conservation or similar Guidance Documents. s plan review to: B. South P.E. CPESC t on page 1. Assessment of Construction Plan Elements (Section A) ~lan review: [] Yes [] No items checked below are deficient and require submittal to meet the requiremen~ of the rule. Index showing locations of required Plan Elements the nature and purpose of the NOI Requirement) (14 Digit) · stormwater discharge will leave the site Identification of all receiving waters 11 by 17 inch plat showing building lot ambers/boundaries and road layout/names project location proposed site improvements (road~. utilities, swacturea, etc.) State or Federal water quality t and name of all wetlands, lakes and on and adjacent to the site potential discharges to ground 100 year floodplains, floodways, and floodway fringes e cover Locations, size and dimensions of proposed swales and channels) of proposexi soil stockpiles and/or aurrow/disposal areas t at an interval a indicate drarnage patterns Peak Discharge ( t0 Year storm event) Locations and approximate boundaries of all disturbed areas (Construction Linaits} Soils map including soil descriptions and limitations Plans for any off-site construction activities this project (sewer/water tie-ins) , at an appropriate o indicate drainage patterns DNR, Division of Soil Conservatton Page 2 of 8 Revised 12/09/03~ Form 1 Construction/Stormwater Pollution Prevention Plan - Technical Review and Comment (Form 1) Assessment of Stormwater Pollution Prevention Plan (Sections B & C) The construction component of the Stormwater Pollution Prevention Plan includes stormwater quality measures to address erosion, sedimentation, and other pollutants associated with land disturbance and construction activities. Proper implementation of the plan and inspections of the construction site are ~ to mintmize the discharge of pollutants. The Project Site Owner should be aware that unforeseen construction activities and weather conditions may affect the performance of a practice or the effectiveness of the plan, The plan must be a flexible document, with provisions to modify or substitute ~ecessary. poflutant sources associated with construction activities Sequence describing stormwater quality measure implementation relative to land disturbing activities 3 Stable construction entrance locations and specifications (at all points of ingress and egress) 4 Sediment control measures for sheet flow areas 5 Sediment control measures for concentrated flow areas ~ sewer inlet protection measure locations and specifications ; (e.g. diversions, rock check dams. slope drains, etc .) t water outlet protection specifications 9 Grade stabilization structure locations and specifications 10 Location, dimensions, specifications, and construction details of each stormwater quality measure ~ surface stabilization methods appropriate for each season (include sequencing ) pecificatiOns (include sequencing ) ~ plan 14 Monitoring and maintenance guidelines for each proposed stormwater quality measure 15 Erosion & sediment control specifications for individual building lots The post construction comPonent of the Stormwater Pollution Prevention Plan includes the implementation of stormwater quality measures to address pollutants that will be associated With the ter quality measures shouM be functional upon completion of t. LOng term fitnctionality of the measures are critical to their performance and should be I and maintained. 1 Description of pollutants and their sources ~ssociated with the proposed land use stormwater quali~mea~ implementation 'DesCription of proposed post construCtionstormwater quality measures (Include a written description of haw these measures will reduce discharge of expected pollutants) 5 DeSCription of maintenance guidelines for post construCtion stormWater quality measures DNR, Division of Soil Conservation Page 3 0f 8 Revised 12/09/03, Forml Construction/Stormwater Pollution Prevention Plan - Technical Review and Comment I not weld single wall pipe because the joint is too weak. Plus, the standard slit meet the requirements for sed. basin risers. Recommend using double wall pipe or steel CMP. Perforations- Drill 10- 3/4" holes evenly around the pipe and space rows 4" O.C. Holes should extend all the way to the bottom of the riser. Note- Contractor should already be working on this as prefabrication takes time. Recommend on sheet 403 to include information about dewatering bags. Please provide me with an 1 l"x17" copy of sheet 304. BI5- If there is a potential for future projects that are less than one acre, a practice summary is needed for these out lots. Please include the standards listed in Sec. 7.5 in Rule 5. cc: Carmel, Surveyor, File DNR. Division of Soil Conservation Page 4 Of g Revised 12/09/03 , inline ~l: (;DR~fo~the ~ of Be~B~Pe~¢~ an~ ~he in~ei1~¢Best et] 02, 2005 3:01 P ~rmel Marketplace Inline - Project #314304 Inline - Project ~¢3!4304 ~E~ENCE M~DE TH E TO PETcO oN£y; THANK yQUi FRED BENNE~ assumeo that the preceding was the case, verify in writing that the West eleased for construction. totification that this was your intent and will then in advance for your response to this e-mail and for all your efforts on this via phone or e-maiL ~HULTZ 200 46240 · ~et?51~t_!p...j~WSy. c s.~inc, n et/> ofl Lillard, Sarah N 3 AM Rodney, On Friday, December 2, 2005 John South nspected the above subject s te. Resu ts - the soil stockpi e n question has been protected and stabil zed with straw mulch. Site now complie~ with a~)proved plan so new building permit can be released. If you need further assistance, please advise. Shirley J. Ooley, Urban Conservationist Hamilton County Soil & Water Conservatin District 1108 South 9th Street Noblesville IN 46060 317-773-218t t, Z86-9,'/ (/Z£) xe=l 0909t, N! 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