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HomeMy WebLinkAboutDNR Certificate of Approval APPLICATION: FW-16, 236 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES CERTIFICATE OF APPROVAL OF CONSTRUCTION IN A FLOODWAY APPLICANT: AGENT: SAFCO Development Corporation Weihe Engineers , Inc . 14578 Dover Drive David Barnes Carmel IN 46033 10505 N. College Avenue Indianapolis IN 46280 STREAM: AUTHORITY: Vestal Ditch IC 13-2-22 , 310 IAC 6-1 PROJECT DESCRIPTION: The proposed Ashmore Trace Subdivision will be developed along Vestal Ditch. Construction activity within the floodway consists of: the construction of a 4' wide bark chip covered footpath which wilt conform to the existing grade, the excavation of a recreational Lake (which will be located southwest of the confluence of Vestal Ditch and Kirkendall Creek), and the placement of a 24" diameter outfall structure fitted with a metal end section along the west bank of Vestal Ditch. Details of the project are shown on plans received at the Division of Water on August 25, 1994 and October 26, 1994. PROJECT LOCATION: Extending along the west bank of VestaL Ditch between the confluence with Kirkendall Creek and a point approximately 525 feet downstream (south) of the confluence, at/near Carmel, Clay Township, Hamilton County NE's, NWZ, Section 22, T. 18N, R. 4E, Fishers Quadrangle UTM Coordinates: Downstream = 4427600 North, 580000 East, Upstream = 4427750 North, 580075 East AUTHORIZATION AND APPEAL NOTICE: This signed document constitutes the issuance of a permit by the Natural Resources Commission, or its designee, subject to the conditions as stated on the pages entitled "General Conditions" and "Specific Conditions". This permit or any of the conditions which it contains may be appealed by applying for administrative review. Such review is governed by the Administrative Orders and Procedures Act, IC 4-21.5, and by the Department's rules relating to adjudicative proceedings, 310 IAC 0.6. In order to obtain an appeal, a written petition must be filed within 18 days of the mailing of this notice. It should be addressed to: Mr. Stephen L. Lucas, Director Division of Hearings Room W272 402 West Washington Street Indianapolis, Indiana 46204 The petition should contain specific reasons for the appeal and indicate the portion(s) of the permit to which the appeal pertains. If an appeal is filed, the Natural Resources Commission will make the final agency determination following a legal proceeding conducted before an Administrative Law Judge. November 10, 1994 Date John N. Simpson, PE i Director Division of Water Documents prepared by: David Griffee APPLICATION: FW-16,23 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES GENERAL CONDITIONS ( 1) This permit must be posted and maintained at the site of the permitted activity until the project is complete. ( 2) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al) and state law (IC 14-3-3.4) require that work must stop and that the discovery must be reported to the Division of Historic Preservation and Archaeology within two (2) business days. ( 3) This permit should not be construed as a waiver of any local ordinance or other state or federal laws. ( 4) This permit does not relieve the permittee of the responsibility of obtaining additional permits, approvals, easements, etc. as required by other federal, state, and local agencies. These agencies include, but are not limited to: U.S. Army Corps of Engineers, Louisville District Indiana Department of Environmental Management Hamilton County Drainage Board _ Local city or county planning and zoning commission ( 5) This permit does not relieve the permittee of any liability for the effects which the project may have upon the safety of life and property of others. ( 6) This permit may be revoked by the Department for violation by the applicant of any condition, or applicable statute or rule. ( 7) This permit shall not be assignable or transferable without the prior, written consent of the Department. ( 8) The Department shall have the right to enter upon the site of the permitted activity for the purpose of inspecting the authorized work. ( 9) The receipt and acceptance of this permit by the applicant shall be considered as acceptance of all "General" and "Specific" conditions contained therein. 6 APPLICATION: FW-16 , 236 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES SPECIFIC CONDITIONS ( 1) other than those measures necessary to satisfy the "General" and "Specific" conditions, there shall be no deviation from the information received at the Division of Water on the following date(s) without the prior written approval of the Department of Natural Resources: Information received: July 11, 1994; July 18, 1994; July 21, 1994; August 1, 1994; August 10, 1994; August 23, 1994; August 25, 1994; October 26, 1994; and November 7, 1994 ( 2) this approval shall become void if construction has not been initiated within 24 months from November 10, 1994 ( 3) seed and mulch all disturbed areas not protected by other methods ( 4) maintain functional erosion and sediment control measures until all disturbed areas are stabilized ( 5) protect storm water inlets from sediment entry where storm sewers outlet directly into channel or floodway ( 6) seed and protect swales with less than a 5% grade and/or less than 5 ft/sec velocities with erosion control blankets as soon as possible to stabilize soil and enhance vegetation establishment; protect all swales with greater than 5% grade and/or 5 ft/sec velocities with an appropriate structural armorment such as riprap ( 7) seed and protect all disturbed streambanks with erosion control blankets as soon as possible to stabilize soil and enhance establishment of vegetation ( 8) protect all 3:1 slopes or steeper with erosion control blankets as soon as possible after seeding when they are not protected by other methods ( 9) control erosion and sediment on land adjacent to the floodway to prevent resulting sedimentation of the channel or floodway (10) protect the area around and below the piping to the waterway's normal level with an appropriate structural armorment such as riprap; temporary diversions are a suitable substitute for this condition, however, flow must be diverted to a sediment trap (11) prior to land disturbance, install silt fencing parallel to the contour of the slope between the disturbed areas and the stream to trap sediment (12) place riprap at the point of outfall at the outfall pipe to disperse energy (13) revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties of tall fescue) and legumes upon completion (14) if this project singly or cumulatively involves =c acre or more of tree (of any size) removal, a mitigation plan must be developed, approved, and implemented to provide reforestation at no less than a 2:1 acreage ratio (15) if this project is located in an urban setting and involves the removal of more than five trees, incorporate tree planting into the site revegetation and/or mitigation plan (16) do not remove any tree larger than 8 inches DSH (diameter at breast height) (17) place all excavated material landward of the floodway as delineated for Mr. Stanley Neal of Weihe Engineers under REC#29- 890118-1 dated January 18, 1989 (18) do not leave felled trees, brush, or other debris in the floodway APPLICATION: FW-16, 236 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES SPECIFIC CONDITIONS (19) the outfall structure and riprap placed for bank stabilization must conform to the bank (20) do not construct or place any residences or abodes (including manufactured homes as defined under 44 CFR 59.1) in the floodway as delineated for Mr. Stanley Neal of Weihe Engineers under REC#29-890118-1 dated January 18, 1989 (21) do not place any fill at the lake site without the prior written approval of the Department of Natural Resources (22) submit detailed plans, certified by a Registered Professional Engineer, of the proposed lake including dimensions of the emergency spillway, spillway elevations, and outfall invert elevations within 90 days of the completion of the lake excavation APPLICATION: FW-16, 233 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES CERTIFICATE OF APPROVAL OF CONSTRUCTION IN A FLOODWAY APPLICANT: AGENT: SAFCO Development Corporation Weihe Engineers, Inc . 14578 Dover Drive David Barnes Carmel IN 46033 10505 North College Avenue Indianapolis IN 46280 STREAM: AUTHORITY: Kirkendall Creek IC 13-2-22 , 310 IAC 6-1 PROJECT DESCRIPTION: The proposed Ashmore Trace Subdivision will be developed along Kirkendall Creek. Construction activity within the floodway consists of: the construction of a 4' wide bark chip covered footpath which will conform to the existing grade, the development of a green space common area for the enhancement of wildlife habitat (which is shown as the lake north of the confluence of Vestal Ditch and Kirkendall Creek on the submitted plans), and the placement of two outfall structures (48" and 21" diameter) fitted with metal end sections along the west bank of Kirkendall Creek. Details of the project are shown on plans received at the Division of Water on August 25, 1994 and October 26, 1994. PROJECT LOCATION: Extending along both banks of Kirkendall Creek between East 146th Street and the confluence with Vestal Ditch, at/near Carmel, Clay Township, Hamilton County NE'-r, NWZ, Section 22, T. 18N, R. 4E, Fishers Quadrangle UTM Coordinates: Downstream = 4427750 North, 580075 East, Upstream = 4428025 North, 579950 East AUTHORIZATION AND APPEAL NOTICE: This signed document constitutes the issuance of a permit by the Natural Resources Commission, or its designee, subject to the conditions as stated on the pages entitled "General Conditions" and "Specific Conditions". This permit or any of the conditions which it contains may be appealed by applying for administrative review. Such review is governed by the Administrative Orders and Procedures Act, IC 4-21.5, and by the Department's rules relating to adjudicative proceedings, 310 IAC 0.6. In order to obtain an appeal, a written petition must be filed within 18 days of the mailing of this notice. It should be addressed to: Mr. Stephen L. Lucas, Director Division of Hearings Room W272 402 West Washington Street Indianapolis, Indiana 46204 The petition should contain specific reasons for the appeal and indicate the portion(s) of the permit to which the appeal pertains. If an appeal is filed, the Natural Resources Commission will make the final agency determination following a legal proceeding conducted before an Administrative Law Judge. /116 November 10, 1994 Date John N. Simpson, PE Director Division of Water Documents prepared by: David Griffee APPLICATION: FW-16,23 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES GENERAL CONDITIONS ( 1) This permit must be posted and maintained at the site of the permitted activity until the project is complete. ( 2) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al) and state law (IC 14-3-3.4) require that work must stop and that the discovery must be reported to the Division of Historic Preservation and Archaeology within two (2) business days. ( 3) This permit should not be construed as a waiver of any local ordinance or other state or federal laws. ( 4) This permit does not relieve the permittee of the responsibility of obtaining additional permits, approvals, easements, etc. as required by other federal, state, and local agencies. These agencies include, but are not limited to: U.S. Army Corps of Engineers, Louisville District Indiana Department of Environmental Management Hamilton County Drainage Board Local city or county planning and zoning commission ( 5) This permit does not relieve the permittee of any liability for the effects which the project may have upon the safety of life and property of others. ( 6) This permit may be revoked by the Department for violation by the applicant of any condition, or applicable statute or rule. ( 7) This permit shall not be assignable or transferable without the prior, written consent of the Department. ( 8) The Department shall have the right to enter upon the site of the permitted activity for the purpose of inspecting the authorized work. ( 9) The receipt and acceptance of this permit by the applicant shall be considered as acceptance of all "General" and "Specific" conditions contained therein. APPLICATION: FW-16,233 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES SPECIFIC CONDITIONS ( 1) other than those measures necessary to satisfy the "General" and "Specific" conditions, there shall be no deviation from the information received at the Division of Water on the following date(s) without the prior written approval of the Department of Natural Resources: Information received: July 11, 1994; July 18, 1994; July 21, 1994; August 1, 1994; August 10, 1994; August 23, 1994; August 25, 1994; October 26, 1994; and November 7, 1994 ( 2) this approval shall become void if construction has not been initiated within 24 months from November 10, 1994 ( 3) seed and mulch all disturbed areas not protected by other methods ( 4) maintain functional erosion and sediment control measures until all disturbed areas are stabilized ( 5) protect storm water inlets from sediment entry where storm sewers outlet directly into channel or floodway - ( 6) seed and protect swales with less than a 5% grade and/or less than 5 ft/sec velocities with erosion control blankets as soon as possible to stabilize soil and enhance vegetation establishment; protect all swales with greater than 5% grade and/or 5 ft/sec velocities with an appropriate structural armorment such as riprap ( 7) seed and protect all disturbed streambanks with erosion control blankets as soon as possible to stabilize soil and enhance establishment of vegetation ( 8) protect all 3:1 slopes or steeper with erosion control blankets as soon as possible after seeding when they are not protected by other methods ( 9) control erosion and sediment on land adjacent to the floodway to prevent resulting sedimentation of the channel or floodway (10) protect the area around and below the piping to the waterway's normal level with an appropriate structural armorment such as riprap; temporary diversions are a suitable substitute for this condition, however, flow must be diverted to a sediment trap (11) prior to land disturbance, install silt fencing parallel to the contour of the slope between the disturbed areas and the stream to trap sediment (12) place riprap at the point of outfall at outfall pipes to disperse energy (13) revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties of tall fescue) and legumes upon completion (14) if this project singly or cumulatively involves 1 acre or more of tree (of any size) removal, a mitigation plan must be developed, approved, and implemented to provide reforestation at no less than a 2:1 acreage ratio (15) if this project is located in an urban setting and involves the removal of more than five trees, incorporate tree planting into the site revegetation and/or mitigation plan (16) follow the enclosed wildlife plan developed in consultation with Mark Bennett (District Wildlife Biologist) (17) place all excavated material landward of the floodway as delineated for Mr. Stanley Neal of Weihe Engineers under REC#29- 890118-1 dated January 18, 1989 (18) do not leave felled trees, brush, or other debris in the floodway APPLICATION: FW-16, 233 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES SPECIFIC CONDITIONS (19) all outfall structures and riprap placed for bank stabilization must conform to the bank (20) do not construct or place any residences or abodes (including manufactured homes as defined under 44 CFR 59.1) in the floodway as delineated for Mr. Stanley Neal of Weihe Engineers under REC#29-890118-1 dated January 18, 1989 (21) the issuance of this "Certificate of Approval" does not constitute approval of the construction of two low water crossings as shown on plans received at the Division of Water on August 25, 1994 and October 26, 1994 (22) do not place any fill in the wildlife habitat area without the prior written approval of the Department of Natural Resources (23) submit detailed plans, certified by a Registered Professional Engineer, of the wildlife habitat area within 90 days of the completion of the proposed work in that area • WILDLIFE HABITAT MANAGEMENT PLAN FOR ASHMORE TRACE Following are ideas concerning the possible management of the "GREEN SPACE COMMON AREA" proposed for the Ashmore Trace Development Tract. The proposals are based on the following criteria: 1) To create a low maintenance but aesthetically pleasing area, 2) To have an area which will be enjoyed by those living near and walking through the tract while at the same time educating visitors on habitat management practices, 3) To enhance the area as a wildlife habitat and increase the area for use by certain wildlife species. This plan is designed, with the above in mind, to create habitat for songbirds, small mammals and butterflies. An effort is made in this plan to provide habitat for a wide variety of songbirds by providing various shrubs which can be used for food and nesting cover. A meadow area is also proposed to provide habitat for meadow species. Along with the existing trees, a good variety of horizontal and vertical habitat types will be provided. Each habitat type is outlined below, and reference should be made to the blueprint for possible locations of the vegetation types. EXISTING TREES Leave as many of the existing trees as possible. There is a good variety of trees already present which will provide nesting cover and food for many wildlife species. Even the dead trees are beneficial to wildlife as den sites and nesting cavities for many birds (woodpeckers, bluebirds. flycatchers, etc) and mammals (squirrels, flying squirrels, raccoons, etc) When some tree trimming or limb removing is undertaken, BRUSH PiLES should be made and left as a source of ground shelter for small birds and mammals. Large brush pilus, 5-6 feet in height and 10 - 12 feet in diameter are ideal for wildlife shelter. MEADOW In an effort to provide some quality open meadow cover types, a good grass, or legume, or grass-legume cover (or all types) should be planted and maintained, this could be accomplished by planting a mixture of grasses and legumes, or solid stands of either, or patched of any of the types mentioned. This area will provide food sources and excellent cover for several types of birds and mammals such as, meadowlarks, quail, song and field sparrows, rabbits, field mice, etc. A well maintained meadow area is pretty to look over as well as being helpful to wildlife. Grasses for meadow area: timothy (3-4 lbs/ac); orchardgrass (4-6 lbs/ac); smooth brome (4-6 lbs/ac); Kentucky bluegrass (4-6 lbs/ac) Legumes for meadow area: medium red clover (5-6 lbs/ac) alsike clover (2-4 lbs/ac); sericea lespedeza (25-30 lbs/ac) eweetclover 2-4 lbs/ac) The meadow are will have to be maintained by mowing to prevent successional stages from occurring. Undesirable woody species will encroach on the area if mowing is not.undertaken. Mowing should be performed before March 15 and after August 15 to prevent destroying ground nesting species of wildlife or their nests. Mowing should also be performed in strips in alternate years to allow some winter cover to remain. TREES The area presently contains several species of deciduous trees and I would not recommend planting more, if desired, coniferous trees such as pines or spruce trees could be planted in a clump to provide a good source of winter cover. SHRUBS There are a variety of berry-producing shrubs which could be planted which would greatly Improve the habitat for wildlife as well as being aesthetically pleasing. The trees could be planted is rows s or more usefully in mass plantings or clumps throughout the area. The shrubs listed should b�,L<02 289,10�/ planted with 6 foot spacing. Beneficial wildlife shrubs follow: shrub dogwood species, flowering41r- ��" 09-26-94 16:34 SAFCO DEJELCPMENT 013 PO4 dogwood, highbush cranberry, flowering crabapple, American plum, Washington hawthorns, redbud. There are several other species of shrubs which could be used. Those listed ars available from the State Nurseries produced by DNR's div, of Forestry at very low cost to the consumer. FOOD PLOTS In time is the manpower, desire, and equipment is available, annual food plots could be planted to provide additional sources of food for wildlife use. Sunflowers, sorghum, buckwheat, corn and any other grain would be used by a variety of wildlife species. it Is not imperative that food plots be used for this to be a good wildlife area, but would concentrate some species for better viewing by home owners and visitors. ARTIFICIAL STRUCTURES Birdhouses and other artificial structures such as bat and squirrel boxes could be erected in the property. Many different types of wildlife have been known to utiOze man- made structures for nesting purposes. t"L'�2128293`. ti •01 w DSV ��• 1413—C-Lr—3 t lU• J d Lt_.LLL. . 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