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Home My WebLink AboutIDEM Determination Letter 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 Brian C. Rockensuess Governor Commissioner An Equal Opportunity Employer Recycled Paper WATER OF THE STATE DETERMINATION PROJECT NO.: 2023-1061-29-SCF-Q PROJECT NAME: Asherwood South AUTHORITY: 327 IAC 17-1-3(13), 327 IAC 17-1-3(17) DATE OF ISSUANCE: 12/12/2023 DATE OF EXPIRATION: 11/09/2028 APPROVED: ________________________________________ Brian Wolff, Branch Chief Surface Water and Operations Office of Water Quality RESPONSIBLE PARTIES: Mark Gradison Gradison Land Development 6330 East 75th Street Indianapolis, IN 46250 DELINEATOR(S): Kat Pain & Tim Douglas Meristem, LLC 877 Port Drive Avon, IN 46123 AGENT(S): Marc Woernle Meristem, LLC 877 Port Drive Avon, IN 46123 DELINEATION DATE: July 25, 2023 IDEM No. 2023-1061-29-SCF-Q Asherwood South Page 2 DATE REPORT RECEIVED: November 11, 2023 TRACT LOCATION: Hamilton County The project tract is approximately 22.4 acres in size and is located northwest of Ditch Rd. and W. 96th St. USACE ID: LRL-2023-00648-sjk 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 Wetland A 0.035 2 No Yes 13-18-22-1(b)(7) No Wetland B 0.057 2 No Yes 13-11-2- 74.5(a)(3) No Wetland C 0.039 2 No Yes 13-18-22-1(b)(7) No Wetland D 0.013 2 No Yes 13-18-22-1(b)(7) No Wetland E 0.159 2 No Yes 13-11-2- 74.5(a)(3) No IDEM No. 2023-1061-29-SCF-Q Asherwood South Page 3 Pond 1 0.156 NA No Yes 13-11-2- 74.5(a)(4) No Pond 2 2.439 NA No Yes 13-11-2- 74.5(a)(4) No COMMENTS: Wetland A is a 0.035 acre non-forested wetland that is dominated by native species, contains soils with greater than 20% redox features, and meets two or more primary hydrological indicators on the reported delineation; these attributes are indicative of moderate habitat and moderate hydrological functions. Wetland A is a Class II wetland that qualifies for the 0.75 acre size exemption for wetlands located within municipalities. Wetland B is a 0.057 acre non-forested wetland that meets two or more primary hydrological indicators on the reported delineation, indicative of moderate hydrological function. Wetland B is a Class II wetland associated with a private pond excavated in upland and therefore qualifies for an incidental exemption. Wetland C is a 0.039 acre non-forested wetland that is dominated by native species, contains soils with greater than 20% redox features, and meets two or more primary hydrological indicators on the reported delineation; these attributes are indicative of moderate habitat and moderate hydrological functions. Wetland C is a Class II wetland that qualifies for the 0.75 acre size exemption for wetlands located within municipalities. Wetland D is a 0.013 acre non-forested wetland that is dominated by native species, and contains soils with greater than 20% redox features, indicative of moderate habitat and moderate hydrological functions. Wetland D is a Class II Wetland that qualifies for the 0.75 acre size exemption for wetlands located within municipalities. Wetland E is a 0.159 acre non-forested wetland that is dominated by native species. Wetland E is a Class II wetland associated with a private pond excavated in upland and therefore qualifies for an incidental exemption. Pond 1 is a 0.156 acre non-forested waterbody that is a manmade body of surface water created by excavation. Pond 1 qualifies for an incidental wetland exemption. Pond 2 is a 2.439 acre non-forested waterbody that is a manmade body of surface water created by excavation. Pond 2 qualifies for an incidental wetland exemption. DISCLAIMER: IDEM No. 2023-1061-29-SCF-Q Asherwood South Page 4 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 the Construction Stormwater General Permit (CSGP). The CSGP specifically addresses stormwater run-off and the pollutants associated with all land- disturbing activities of one acre or more. If applicable, permit coverage must be obtained prior to the initiation of land-disturbing activities. Please contact the IDEM Stormwater Program at Stormwat@idem.IN.gov or 317-233-1864 concerning obtaining permit coverage under the CSGP. 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 activities; 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. 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 IDEM No. 2023-1061-29-SCF-Q Asherwood South Page 5 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 by 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 Shannon Flannigan by phone at 317-450-5380 or by e-mail at sflannig@idem.in.gov. cc: Woernle, Meristem, LLC Duncan, Meristem, LLC