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APPUCA TlON #
STREAM
APPLICANT
AUTHORITY
DESCRIPTION
LOCATION
APPROVED BY
APPROVED ON
. STATE OF INDIANA
DEPARTMENT OF NATURAL RESOURCES
CERTIFICATE OF APPROVAL
CONSTRUCTION IN A FLOODWA Y
MAILED
FES 0 9 200t
: FW-204S1
: West Fork White River
: Martin Marietta Materials, Inc.
Max Williams
1980 East 116th Street, Suite 200
P.O. Box 549
Carmel, IN 46032
: IC 14-28-1 with 310 lAC 6-1
: Martin Marietta Materials, Inc. (Martin Marietta) operates a sand and gravel mine
along Hazel DellParkway south of 116th Street in Hamilton County. The
. processing plant is currently located on the west side of Hazel Dell Parkway.
Martin Marietta plans to relocate the plant to the east side of Hazel Dell Parkway,
which is in the f100dway of the White River. The relocation of the plant will allow
mining of the area where it is currently located and place it farther from the
neighboring subdivisions west of this area. The trees along Hazel Dell Parkway
will provide screening of the plant from the traffic on the road and from the
subdivisions. . In the new location, the plant will be configured similar to the way it
currently exists except that itwill be oriented in such a manner to reduce the
impact of the finished material stockpiles on the f1oodway. The plant will be
elevated so that all equipment is above the 10o-year flood elevation. An access
road will be constructed at pre-development grade and will enter the plant from
the north (upstream). No security fences or berms will be installed around the
perimeter of the plant. Details of the project are contained in information
received electronically at the Division of Water on March 16, 2000 and in
information and plans received at the Division of Water on April 12, 2000, April
24, 2000, July 3, 2000, December 8, 2000 and February 7, 2001.
: DOWNSTREAM: The project is located on the east side of Hazel Dell Parkway
approximately one-quarter mile north of 106th Street near Carmel, Clay
Township, Hamilton County
SEl4,SEl4" Section 4, T 17N, R 4E, Fishers Quadrangle
UTM Coordinates: Downstream 4421875 North, 579400 East
UPSTREAM:
UTM Coordinates: Upstream 4421875 North, 579400 East
. hael w. Neyer, P.E.
ivision of Water
February 9, 2001
Attachments: Notice Of Right To Administrative Review
General Conditions
Special Conditions
Service Ust
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STATE OF INDIANA
DlARTMENT OF NA ruRAL RESOU . lES
NOTICE OF RIGHT TO ADMINISTRATIVE REVIEW
APPLICATION #: FW- 20451
This signed document constitutes the issuance of a permit by the Natural Resources Commission, or its
designee, subject to the conditions and limitations stated on the pages entitled "General Conditions" and
"Special Conditions",
The perm it or any of the conditions or Iim itations 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 the Department's rules pertaining to adjudicative proceedings, 312 lAC 3-1.
In order to obtain a review, a written petition must be filed with the Division of Hearings within 18 days of
the mailing date of this notice. The petition should be addressed to:
Mr. Stephen L. lucas, Director
Division of Hearings
Room W272
402 West Washington Street
Indianapolis, Indiana 46204
The petition must contain specific reasons for the appeal and indicate the portion or portions of the permit
to which the appeal pertains.
If an appeal is filed, the final agency determination will be made by the Natural Resources Commission
following a legal proceeding conducted before an Administrative Law Judge. The Department of Natural
Resources will be represented by legal counsel.
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STATE OF INDIANA
DEPARTMENT OF NATURAL RESOURCES
GENERAL CONDITIONS
APPLICATION #: FW-20451
( 1 ) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 use 470, et seq.; -36 CFR 800.11 , et
aO and State Law (Ie 14-21-1) require that work must stop and that the discovery must be reported to the Division of Historic Preservation and
Archaeologywilhin 2 business days.
Division of Historic Preservation and Archaeology
Room W274
402 West Washington Street
Indiamlnpolis, IN 46204
Telephone: (317) 232-1646, FAX: (317) 232-8036
(2) This penni! must be posted and maintained at the project ste until the project is completed.
(3) This permit does not relieve the permittee of the responsibility for obtaining additional permits, approvals, easements, etc. as required by other federal,
state, or local regulatory agencies. These agencies include, but are not limited to:
Agency
Hamilton COunty Drainage Board
US Anny Corps of Engineers, Louisville District
Indiana Department of Environmental Management
Local city or county planning or zoning commission
Telephone Number
(317) n6-8495
(602) 315-S733
(317) 233-2471
( 4) This pennit must not be construed as a waiver of any local ordinance or other state or federal law.
(5) This permit does not relieve the permittee of any liability for the effects which the project may have upon the safety of the life or property of others.
( 6) This permit may be revoked by the Department of Natural Resources for violation of any condition, limitation or applicable statute or rule.
( 7) Thts permit shall not be assignable or transferable without the prior written approval of the Department of Natural Resources.
To initiate a transfer contact:
I
Mr. Michael W. Neyer, PE, Director
Division of Water
Room W264
402 West Washington Street
Indianapolis, IN 46204
Telephone: (317) 232-4160, Toll Free: (877) 928-3755
FAX: (317) 233-4579
( 8) The Deparbnent of Natural Resources shall have the right to enter upon the site of the permitted activity for the purpose of inspecting the authorized work
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( 9) The receipt and acceptance of this permit by the applicant or authorized agent shall be considered as acceptance of the conditions and limitation~ sdated
on the pages entitled "General Conditions" and "Special Conditions".
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STATE OF INDIANA
DEPAl )IIENTOF NATURAL RESOURCE.
SPECIAL CONDITIONS
APPLICATION #: FW- 20451
PERMIT VALIDITY :. This permit is valid for 24 months from the "Approved On" date shown on the first page.
If work has not been initiated by February 09, 2003 the permit will become void and a
new permit will be required in order to continue work on the project.
This permit becomes effective 18 days after the "MAilED" date shown on the first page.
If both a petition for review and a petition for a stay of effectiveness are filed before this
permit becomes effective, any part of the permit that is within the scope of the petilion for
stay is stayed for an additional 15 days.
CONFORMANCE
Other than those measures necessary to satisfy the "General Conditions" and "Special
Conditions", the project must conform to the information received by the Department of
Natural Resources on: March 16,2000, April 12, 2000, April 24, 2000, July 3, 2000,
December 8, 2000 and February 7, 2001. Any deviation from the information must
receive the prior written approval of the Department.
Number Special Condition
(1) revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties
of tall fescue) and legumes as soon as possible upon completion
( 2) minimize and contain within the project limits all tree and brush clearing and provide the
opportunity to utilize cleared trees of firewood and timber size
(3) appropriately designed measures for controlling erosion and sediment must be
implemented to prevent sediment from entering the stream or leaving the construction
site. Maintain these measures until construction is complete and all disturbed areas are
stabilized
(4) except for the material stored in the stockpiles as shown on the project plans on file at
the Division of Water, place all excavated material landward of the f100dway .
( 5) do not leave felled trees, brush, or other debris in the f1oodway'
( 6) do not raise the access road beyond the pre-development elevation as shown on plans
received on December 8, 2000 without the prior written approval of the Department of
Natural Resources
( 7) . do not place any security fences or berms around the project site in the ftoodway without
the prior written approval of the Department of Natural Resources
( 8) upon completion of the project, remove all construction debris from the ftoodway .
( 9) do not extend the stockpiles of sand and gravel beyond the limits of the stockpiles as
shown in the plans received on April 12, 2000
( 1 0) . NOTE: for regulatory purposes, the ftoodway is defined as that shown on Panel 229 of
the preliminary Flood Insurance Rate Map for Hamilton County dated September 9, 1998
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Martin Marietta Materials, Inc.
Max Williams
1980 East 116th Street, Suite 200
P.O. Box 549
Carmel, IN 46032
Brian & Jennifer Atkinson
115 VVhite Horse Lane
Fishers, IN 46038
City 01 Carmel
One Civic Square
Carmel, IN 46032
Don Craft
4988 St Charles Place
Carmel, IN 46033-5936
John Jesse & Margaret Emerson
6110 East 106th Street
Fishers, IN 46038
Hamilton County Drainage Board
County Surveyor
1 Hamilton Square, Suite 146
Noblesville, IN 46060-2230
Kaylee & Daniel Johnson
118 V\lhite Horse Lane
Fishers, IN 46038
Lenos Frances Marshall
6120 East 106th Street
Fishers. IN 46038
Debra J Smith '
IDNR, Division of Water
Floodplain Management Section
US Army Corps of E.ngineers, Louisville District
Reguiatory Functions Branch
c/o Mr. Jim Townsend
PO Box 59
louisville, KY 40201-0059
'MIght Family Realty, lP
Frank Wright Sr.
152 South 9th Street
NobJesville, IN 46060
STATE OF INDIANA
Dl ARTMENT OF NA ruRAL RESOU .lES
SERVICE LIST
APPLICATION #: FW- 20451
Kevin Abrams
1980 East 116th Street, Suile 200
Carmel, IN 46032-3516
Chartes & Mary Bell
111 VVhite horse Lane
Rshers, IN 46038
Dani~l & Marityn Clements
113 Wlite Horse Lane
Fishers, IN 46038
Adam L. DeHart, LS
Project Manager
486 Gradle Drive
Carmel, IN 46032-2536
Kevin Franks
6150 Wahplhani Dr.
Fishers, IN 46038
Eric & Debra Hawkins
6140 East 106th street
Fishers, IN 46038
Sylvia Koester
118 White Horse Lane
Fishers, IN 46038
Perry & Thelma Marshall
10700 Eller Road
Fishers, IN 46038
James R. Steckley
5845 116th Street East
Carmel, IN 46032
R. Gene Voss
117 'M1i1e Horse lane
Fishers, IN 46038
Carmel Department of Community Development
One Civic Square
Carmel, IN 46032
Jason Arvin
6160 East 106th street
Fishers, IN 46038-1600
IMlliam Cash
One Hamilton County Square
Noblesville, IN 46060
Elizabeth & Melissa Cosby
116 \M1ite Horse Lane
Fishers, IN 46038
Christopher J. Devers
6136 Wahpihani Drive
RShers, IN 46038-1734
Robert Furlong
1980 East 1161h Street, Suite 200
Carmel, IN 46032-3516
David & Tammy Jessup
130 VVhite Horse lane
Fishers, IN 46038
Morris & Becky loriskin
11153 River Road
Indianapolis, IN 46280.
Richard L. Russell
10660 Ella Road
Fishers, IN 46038-1601
William & Nina Ann. Stitt
112 White Horse Lane
Fishers, IN 4603~
Kurt J. Wanninger
Hamilton County Surveyor's Office
1 Hamilton County Square, Suite 146
Noblesville, IN 46060-2230
Hamilton County Plan Commission
Hamilton County Gov. and Judicial Center
One Hamilton County Square, Suite 138
Noblesville, IN 46060
STATE OF INDIANA
DlARTMENT OF NA ruRAL RESOU JES
SERVICE LIST
APPLICATION #: FW- 20451
Hamilton County Soil and Water Conservation
District
1108 South 9th Street
Noblesville, IN 46060-2744
Indiana Department of Natural Resources
Division of Law Enforcement
North Region Headquarters Dist 4
RR 6, Box 344
Peru, iN 46970
staff Assignment
Administrative
Technical
Environmental.
Mar1<ila L. Shepherdson
Dennis K Stewart, P.E.
Wlliam R. Maudlin