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HomeMy WebLinkAboutUSACE 401 WQC LRL-2020-84-sjk signed AJDDEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, LOUISVILLE DISTRICT INDIANAPOLIS REGULATORY OFFICE 8902 OTIS AVENUE, SUITE S106B INDIANAPOLIS, IN 46216 February 25, 2020 Regulatory Division North Branch ID No. LRL-2020-84-sjk Mr. Joseph Marx Pulte Homes of Indiana 11590 North Meridian Street, Suite 530 Carmel, Indiana 46032 Dear Mr. Marx: This is in regards to your letter dated January 24, 2020, requesting a jurisdictional determination for the reported wetlands A and B located on the proposed Bear Creek South residential development in Carmel, Hamilton County, Indiana (latitude 39.9938' and longitude-86.2381 °). A location map is enclosed. We have reviewed the submitted data relative to Section 404 of the Clean Water Act. The U.S. Army Corps of Engineers exercises regulatory authority under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) for certain activities in "waters of the United States (U.S.)." These waters include all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce. The reported isolated wetlands A and B do not appear to be used or be susceptible to use in interstate or foreign commerce. As such, these wetlands are not considered to be "waters of the U.S." and are not regulated under Section 404 of the Clean Water Act. However, this determination does not relieve you of the responsibility to comply with applicable State law. We urge you to contact the Indiana Department of Environmental Management (IDEM), Office of Water Quality, 100 North Senate Avenue Room NI252, Indianapolis, Indiana, 46204 to determine the applicability of State law to the isolated waters mentioned above and verification of the wetland boundaries. This letter contains an approved jurisdictional determination (JD) for your site. If you object to this JD, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this JD you must submit a completed RFA form to the Lakes and Rivers Division Office at the following address: U.S. Army Corps of Engineers Attn: Jacob Siegrist, CELRD-PD-REG 550 Main Street, Room 10524 Cincinnati, OH 45202-3222 (513)684-6212 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by April 26, 2020. This jurisdictional determination is valid for a period of 5 years from the date of this letter unless new information warrants revision of the determination before the expiration date. It is not necessary to submit an RFA form to the Division office if you do not object to the JD in this letter. If we can be of any further assistance, please contact me by writing to the above address or by calling 317-543-9424. Any correspondence on this matter should reference our Identification Number LRL-2020-84-sjk. S�cerelY, Sarah Keller Regulatory Specialist Indianapolis Regulatory Office Enclosures Copy Furnished: IDEM (Farren) V3 (Houk) Approved Jurisdictional Determination Location Map LRL-2020-84-sjk February 25, 2020` 1 _ , M� ! 0•�1�1311 RPa D �1 _ C09 m .t �^ 1off•© . ^ ry I�V `U ,, 1k Py y e I 7 Legend d l COY"ITE (Approximate) ,� r 0 Data Point 1 ; =PEM Wetland 150 0 150 300 Feet Ii PROJECTNO.: CLIENT TITLE: 619 N. Pennsylvania Street 20022 P011e Homes of Indiana V1 Indianapolis, IN 46204 CREATEOBY 11590 North Meridian Street WETLAND DELINEATION MAP 317.423.0690 phone NDH Carmel, Indiana 46032 \� ww Aco.com DATE BASE LAYER: SITE: FIGURE' 01/22/2020 Aerial Imagery Bear Creek South Visio, Vertere, Virlute... SCALE' (2017) Carmel, Hamilton County, Indiana 7 'he Vision To Transform with Excellence" See Scale Bar N 120200022 awtnos rcGISUAAPIPIG] Nin200 mxtl