HomeMy WebLinkAbout2020-203-29-ALF-Q Bear Creek South WOSD
I NDIANA D EPARTMENT OF E NVIRONMENTAL M ANAGEMENT
We Protect Hoosiers and Our Environment.
100 N. Senate Avenue • Indianapolis, IN 46204
(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov
Eric J. Holcomb Bruno L. Pigott
Governor Commissioner
An Equal Opportunity Employer
Recycled Paper
WATER OF THE STATE DETERMINATION
PROJECT NO.: 2020-203-29-ALF-Q
PROJECT NAME: Bear Creek South
AUTHORITY: 327 IAC 17-1-3(13), 327 IAC 17-1-3(17)
DATE OF ISSUANCE: March 9, 2020
DATE OF EXPIRATION: March 9, 2025
APPROVED: ________________________________________
Brian Wolff, Branch Chief
Surface Water, Operations, and Enforcement
Office of Water Quality
RESPONSIBLE PARTIES: Pulte Homes of Indiana
Joseph Marx
11590 N Meridian St, Suite 530
Carmel, IN 46032
DELINEATOR(S): Nathan Houk
V3 Companies
619 N Pennsylvania St.
Indianapolis, IN 46204
AGENT(S): V3 Companies
Jeff Moody
619 N Pennsylvania St.
Indianapolis, IN 46204
DELINEATION DATE: January 17, 2020
2020-203-29-ALF-Q, Bear Creek South
Page 2
DATE REPORT RECEIVED: February 3, 2020
TRACT LOCATION: Hamilton
Latitude: 39.9938, Longitude: -86.2381
USACE ID: LRL-2020-84-sjk
IDEM FIELD DATE: February 19, 2020
CONCLUSIONS:
The Indiana Department of Environmental Management (IDEM) has reached the
following conclusions about whether any Waters, as defined in 327 IAC 17-1-3(13),
exist on the property. In accordance with 327 IAC 17-1-3(17) the department makes all
isolated wetland determinations consistent with the Wetland Delineation Manual,
Technical Report Y-87-1 of the United States Army Corps of Engineers.
SITE ID ACRES CLASS FORESTED EXEMPT EXEMPTION
AUTHORITY
REGULATED
UNDER
IC 13-18-22
A 0.3 I No Yes 327 IAC 17-1-
3(7)(E). No
B 0.74 I No Yes 327 IAC 17-1-
3(7)(B) No
COMMENTS:
Wetland A is a non-forested Class I isolated wetland with an area less than one -half (½)
acre, and therefore qualifies to be exempt from regulation per 327 IAC 17 -1-3(7)(E).
Wetland B is a non-forested Class I isolated wetland located to the south of the Bear
Creek Subdivision Phase I. Construction of Phase I raised the grades to the north two
to three feet higher than the property to the south cutting off the historic overland flow
path and causing water to collect in the area of Wetland B. 327 IAC 17 -1-3(7)(B)(iii)
states that isolated wetlands that exist as an incidental feature in or on agricultural land
are exempt wetlands. 327 IAC 17-1-3-(7)(H)(i)(CC) states that an isolated wetland
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exists as an incidental feature if the isolated wetland arises spontaneously as a result of
damp soil conditions incidental to the function or use of the property or facility. Wetland
B formed on agricultural land due to the modification of drainage patterns for the land
development to the north, and therefore qualifie s to be exempt from regulation per 327
IAC 17-1-3(7)(B).
DISCLAIMER:
This determination is based upon the information provided in the above
referenced delineation report and/or the above referenced field evaluation. This
determination does not relieve the recipient from the responsibility of obtaining any
permits or authorizations that may be required for this project or related activities from
IDEM or any other agency or person. The project site and the associated construction
may be subject to 327 IAC 15-5 (Rule 5). Rule 5 specifically addresses storm water
run-off and the pollutants associated with all land disturbing activities of one acre or
more. If applicable, this permit must be obtained prior to the initiation of land disturbing
activities. Please contact the IDEM Storm Water Program at 317-233-1864 concerning
permitting for 327 IAC 15-5 (Rule 5). You may also wish to contact the Indiana
Department of Natural Resources at 317-232-4160, or toll free at 877-928-3755,
concerning the possible requirement of a Natural Freshwater Lake or Construction in a
Floodway Permit.
This determination does not:
(1) authorize impacts or activities;
(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 activi ties; or
(5) authorize changes in the plan design detailed in the application.
APPEALS PROCEDURES:
This decision may be appealed in accordance with IC 4 -21.5, the Administrative
Orders and Procedures Act. The steps that must be followed to qualify for review are:
1. You must petition for review in writing that states facts demonstrating that you
are either the person to whom this decision is directed, a person who is
aggrieved or adversely affected by the decision, or a person entitled to review
under any law.
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2. You must file the petition for review with the Office of Environmental
Adjudication (OEA) at the following address:
Office of Environmental Adjudication
100 North Senate Avenue
IGCN Room N103
Indianapolis, IN 46204
3. You must file the petition within eighteen (18) days of the mailing date of this
decision. If the eighteenth day falls on a Saturday, Sunday, legal holiday, or
other day that the OEA offices are closed during regular business hours, you
may file the petition the next day that the OEA offices are open during regular
business hours. The petition is deemed filed on the earliest of the following
dates: the date it is personally delivered to OEA; the date that the envelope
containing the petition is postmarked if it is mailed b y United States mail; or,
the date it is shown to have been deposited with a private carrier on the
private carrier's receipt, if sent by private carrier.
Identifying the permit, decision, or other order for which you seek review by
number, name of the responsible, 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 prehearing conferences,
preliminary hearings, hearings, stays, and any orders disposing of the proceedings by
requesting copies of such notices from OEA.
If you have procedural or scheduling questions regarding your Petition for
Administrative Review, additional information on the review process is available at the
website of the Office of Environmental Adjudication at http://www.in.gov/oea.
If you have any questions about this determination, contact Amari Farren by
phone at 317-234-6351 or by e-mail at afarren@idem.in.gov.
cc: Nathan Houk, V3 Companies