Loading...
HomeMy WebLinkAboutCorrespondencePlan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 1 1 Addressing Dave McCoy 4/19/24 8:29 AM Comment You will need 6 street names for this subdivision. The cities of Hamilton County and E911 have agreed to refrain from using duplicate street names, regardless of the suffix. This website (https://www.hamiltoncounty.in.gov/180/Addressing-GIS) has the link to the current street name list. Please contact me (dmccoy@carmel.in.gov) to submit your chosen street names or if you wish to discuss. Info Only 2 1 Urban Forestry Daren Mindham 4/19/24 1:44 PM Changemark tree preservation easement Please label all of the tree preservation areas on the entire site according to the Open Space Exhibit v2.0. Primary Plat-C200.pdf Responded by: Mike Timko - 6/27/24 12:47 PM Please see landscape plan on sheet C400 for revision. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:25 PM Please see Primary Plat sheet C200 for revised and added notes. Resolved 3 1 Fire Carmel Fire 4/22/24 10:33 AM Comment Indiana Fire Code Section 3312.1 Fire Hydrants shall be fully functional tested and approved prior to any combustible materials arriving on the construction site. Info Only 4 1 Fire Carmel Fire 4/22/24 10:34 AM Comment Section 3310.1 Required Fire Department Vehicle Access. Approved Asphalt fire apparatus access roads shall be provided to and through the construction site during construction. Fire Apparatus access road must be capable of supporting the weight of fire apparatus and maintained clear at all times Info Only 5 1 Fire Carmel Fire 4/22/24 10:35 AM Comment Submit an emergency vehicle auto turn circulation plan to provide confirmation emergency vehicles can navigate the proposed streets without obstruction. Info Only 6 1 Engineering Alex Jordan 4/26/24 2:42 PM Changemark Please provide a drainage report for this project Per Section 102.05 (ii) through (iv) of the Stormwater Technical Standards Manual, we will require a drainage report submitted with the primary plat for review. Please ensure that all items required by these sections are included in the report. Water-Sanitary-Storm System Description.pdf Responded by: Mike Timko - 6/7/24 12:16 PM Please see attached preliminary drainage report showing release rates are being met with the proposed design. Resolved REVIEW COMMENTS Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 7 1 Engineering Alex Jordan 4/26/24 2:59 PM Changemark Please relocate this structure outside of the roadway We prefer storm (other than curb inlets) and sanitary structures to be located outside of the roadway. Please reconfigure the storm to have this structure outside of the pavement. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:16 PM Please see Primary Plat sheet C200 for revised storm layout. Resolved 8 1 Engineering Alex Jordan 4/26/24 2:59 PM Changemark These structures appear to be misaligned with the curb, please revise Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:16 PM Please see Primary Plat sheet C200 for revised storm layout. Resolved 9 1 Engineering Alex Jordan 4/26/24 2:59 PM Changemark Please provide a basic outline of the post-construction stormwater quality features Per Section 102.05(i) of the STSM, we will need a basic outline of the sites proposed BMPs shown on the primary plat. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200. Water quality BMP's are now shown in sequence with the ponds. Resolved 10 1 Engineering Alex Jordan 4/26/24 2:59 PM Changemark Please indicate the flood routing of on and off-site runoff per Section 102.05(h) of the STSM Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200 for arrows showing flood routing. Legend has been revised to reflect this change. Resolved 11 1 Engineering Alex Jordan 4/26/24 2:59 PM Changemark Please provide a statement regarding flooding as required by Section 102.05(g) of the STSM A statement as to whether or not the FEMA Base Flood elevation will flood portions of the property via the outfall or storm piping system will need to be provided on the plans. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200 for added flooding statement. Resolved 12 1 Engineering Alex Jordan 4/26/24 3:00 PM Changemark Please provide minimum flood protection grades for each lot per Section 102.05(e) of the STSM Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200 for added minimum flood protection grades. Resolved 13 1 Engineering Alex Jordan 4/26/24 3:02 PM Changemark Please clarify if this represent the emergency overflow route or swale locations and revise if necessary Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Legend has been revised for clarity. Please see Primary Plat sheet C200 for revision. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 14 1 Engineering Alex Jordan 4/26/24 3:03 PM Changemark Detention must be located 50' from City right-of-way or a traffic rated barrier will need to be provided Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200 for revision. Detention pond will have traffic rated barrier along proposed right-of-way. Resolved 15 1 Engineering Alex Jordan 4/26/24 3:05 PM Changemark This section of pipe will need an easement over it It does not appear that a drainage easement is proposed over this pipe. This will need to be provided on the primary plat. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:17 PM Please see Primary Plat sheet C200 for added easement. Resolved 16 1 Engineering Alex Jordan 4/26/24 3:07 PM Changemark A drainage easement will need to be provided south of this pipe or consider relocating it This pipe is located on the property line. If maintenance is required on this line, work will most likely need to be performed on the adjacent lot if it remains in this location. Please provide a drainage easement on lot 30 or relocate the pipe off the property line. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:18 PM Please see Primary Plat sheet C200 for revision. Pipe has been relocated north out of property. Resolved 17 1 Engineering Alex Jordan 4/30/24 2:47 PM Changemark This area is an existing overflow route and emergency flood route for the properties to the west This swale is the discharge route for Stafford Park and Salsbery Brothers Landscaping. A culvert sized for the 100-year flow of these developments will need to be provided with this project. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:18 PM Culverts have been added on the north and south drive connections to maintain the current runoff pattern. Resolved 18 1 Engineering Alex Jordan 4/30/24 2:50 PM Changemark Please provide a wetland delineation Several wetlands are noted on the site. Please provide a wetland determination and verification from USACE and IDEM. Any wetlands that will remain must be placed within a water quality preservation easement per Section 7.10 of the Unified Development Ordinance. Primary Plat-C200.pdf Responded by: Mike Timko - 9/17/24 10:03 AM Approved Section 401 Water Quality Certification has been attached. This covers wetlands A and B. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 9/3/24 10:41 AM Please have this information submitted once completed. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:58 AM Noted. V3 is continuing work on the wetland determination for Wetland B and the stream segment. This will be submitted when it is complete. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 8/6/24 12:41 PM Thank you. Please let us know when a determination is made by USACE and IDEM and provide the documentation. ---------------------------------------------------------- Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM Responded by: Mike Timko - 8/2/24 8:17 AM V3 is working on the wetland determinationfor Wetland B and the stream segment. This will be submitted when it is complete. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 7/5/24 10:13 AM Thank you, but this only appears to cover "Wetland A" and excludes "Wetland B" and the stream segment. Please provide the determination for those with the next submittal. ---------------------------------------------------------- Responded by: Mike Timko - 7/2/24 8:35 AM Please see attached for the AJD. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 6/17/24 12:33 PM Please have the assessment submitted to USACE and IDEM for their review and determination is not done so yet. If they have reviewed it, please provide confirmation from them. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:18 PM Please see attached Natural Resource Assessment. 19 1 Engineering Alex Jordan 4/30/24 2:53 PM Changemark This section of pipe will need to be included in a drainage easement Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:18 PM Please see Primary Plat sheet C200 for revised storm layout to keep pipe in drainage easement. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 20 1 Engineering Alex Jordan 4/30/24 2:56 PM Changemark An inlet will need to be provided every 300 feet or 3 residential lots Per Section 303.05(8) of the STSM, an additional inlet will need to be provided in the rear yards here. Primary Plat-C200.pdf Responded by: Mike Timko - 6/27/24 12:28 PM An additional inlet has been provided on the north side of lot 9 to meet the requirement of 1 inlet per 3 residential lots. Additionally, subsurface drain has been called out on all swales located behind buildings. Please see Primary Plat sheet C200 for revision. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 6/17/24 12:15 PM A waiver will need to be requested from this standard if the plans are to stay as proposed. We will also need to ensure that the rear yard swale will have a subsurface drain installed within it. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:19 PM Due to these lots being so small, we believe an extra inlet is excessive. Swales along the west property line are 276' running south and 246' running north, both being under 300' in length. Resolved 21 1 Sign Permits Aliza Shalit 5/1/24 1:44 PM Changemark Signage Are any signs being proposed for this subdivision? Please include location/type on schematics. Open Space Exhibit v2.0.pdf Responded by: Mike Timko - 6/27/24 12:47 PM Noted. Entrance sign location and type is called out and detailed on the landscape plan. This sign meets the discussed area requirement of 12 square feet maximum. ---------------------------------------------------------- Reviewer Response: Aliza Shalit - 6/13/24 3:44 PM Proposed location and type of neighborhood identification sign (monument sign or entry feature) are required. A ground sign will only require a sign permit application as long as it complies with UDO sign standards for ground signs. If not presented with this filing an entry feature will require an ADLS Amend and Plan Commission review and a sign permit application after approval from the Commission. ---------------------------------------------------------- Responded by: Mike Timko - 6/11/24 9:57 AM Coordination is ongoing regarding this comment. Signage will be provided at a later date. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 22 1 Sign Permits Aliza Shalit 5/1/24 1:45 PM Comment All signs require a separate sign permit application and review process. Info Only 23 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 102.05.i.f Please include information on how and where the pond will outlet. Please also include the approximate location, size, and capacity of any retention basins to be located in or directly affecting the proposed subdivision, critical pond elevations, top of bank and spillway elevations. The pond shall meet size requirements per 302.07.1. Primary Plat-C200.pdf Responded by: Mike Timko - 9/17/24 10:00 AM A traffic rated barrier is shown along the section of the southeast pond that borders road. The northeast pond is farther than 50' from the right-of-way. Wet basins have been provided per discussions with Jeremy Kashman. Please see drainage report for updated calculations. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/28/24 8:45 PM In addition to pedestrian safety, a vehicular barrier would need to be provided to ensure no vehicles run off the road. The ponds will need to meet 302.08 standards. ---------------------------------------------------------- Responded by: Mike Timko - 8/22/24 2:17 PM Additional vegetation has been provided around each dry basin, specifically adjacent to the road and buildings. Do not mow or spray signage is also shown around the ponds. The intent of this is to screen the dry basins enough that they are not accessible to the public, alleviating safety concerns of staging greater than 4'. We are applying for a variance on the pond staging being greater than 4 feet in dry basins with this reasoning. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/9/24 3:13 PM The drainage report indicates that the pond will stage 8.43'. Per 302.08.2 the maximum planned depth of stormwater stored shall not exceed 4 feet in a dry basin. Please revise ---------------------------------------------------------- Responded by: Mike Timko - 7/30/24 2:38 PM The southeast wet pond has been converted to a dry basin. Plan sheets and drainage report have been updated accordingly, please see attached. ---------------------------------------------------------- Responded by: Mike Timko - 6/27/24 12:25 PM We acknowledge that the typical requirement is larger Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM than what is shown, but the pond has been previously reviewed and approved by the City of Carmel so that in can serve as an amenity feature for the community. ---------------------------------------------------------- Reviewer Response: Willie Hall - 6/21/24 1:23 PM The pond does not meet the 302.07.1 minimum requirements. Please revise pond size or type. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:12 PM Please see Primary Plat sheet C200 for updated pond outlet and pond information. Emergency spillway elevations and locations have been provided. 24 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 102.05.i.d a Primary Plat Submission shall indicate portions of site within a floodway, flood fringe, or floodplain as determined by the City of Carmel Flood Hazard Area Ordinance. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:13 PM No portion of this site is in floodway, flood fringe, or floodplain. Please see Primary Plat sheet C200 for added note. Resolved 25 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 102.05.i.e a Primary Plat Submission shall include minimum flood protection grades. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:13 PM Please see Primary Plat sheet C200 for added minimum flood protection grades. Resolved 26 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 302.06.10 It does not appear that the required horizontal distance from top of bank to edge of common area is the required 15'. Please revise Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:14 PM Please see Primary Plat sheet C200 for revision - there is now 15' from the top of bank to the edge of common area. Resolved 27 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 102.05.i.h Primary Plat Submission shall indicate flood routing of off-site and on-site runoff. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:15 PM Please see Primary Plat sheet C200 for arrows showing flood routing. Legend has been revised to reflect this change. Resolved 28 1 CrossRoad Engineers Willie Hall 5/6/24 5:16 PM Changemark 102.05.i.i. Primary Plat Submission shall include a basic outline of post construction stormwater quality features (locations, sizes, easements, etc.). Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:15 PM Please see Primary Plat sheet C200. Water quality BMP's are now shown in sequence with the ponds. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 29 1 CrossRoad Engineers Willie Hall 5/6/24 5:17 PM Comment Primary Plat submission shall include a preliminary drainage report per 102.05.ii - iv Responded by: Mike Timko - 6/7/24 12:15 PM Please see attached preliminary drainage report. Resolved 30 1 Vectren Energy Chad Miller 5/8/24 9:14 AM Changemark CenterPoint Energy Please add the utility easement designation in Common Areas 1A, 1B, 2 & 3. Primary Plat-C200.pdf Info Only 31 1 Transportation Systems David Littlejohn 5/15/24 1:37 PM Comment There is still an unresolved Transportation Systems comment regarding ADA crosswalks on all sides of all of the intersections of this project in the PUD Rezone (PZ-2023-00014 PUD Andrews PUD) review. Resolve that comment on the rezone project and upload the revised plans to this project for approval. Responded by: Mike Timko - 6/11/24 9:58 AM Please see Primary Plat sheet C200 for added crosswalks. Resolved 32 1 Planning & Zoning Alexia Lopez 5/22/24 5:44 PM Changemark Lot Width The minimum Lot Width is 70 ft. and 50 ft. at the ROW. Will Lots 11, 12, 20, 23 meet the minimum 70 ft. lot widths at the building line? Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:19 PM All lots meet the requirement of 70 ft. at the building line and 50 ft. at the ROW. Please see Primary Plat sheet C200. Resolved 33 1 Planning & Zoning Alexia Lopez 5/29/24 4:17 PM Changemark Street Lighting Please provide street lighting per the requirements in the PUD. Primary Plat-C200.pdf Responded by: Mike Timko - 6/27/24 12:29 PM Noted. Street light locations have been added to the primary plat drawings and are called out on the landscape plan. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/13/24 2:58 PM Street light locations should be shown on the primary plat drawings. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:19 PM Street lighting to be provided at a later date with full construction documents. Resolved 34 1 Planning & Zoning Alexia Lopez 5/29/24 4:20 PM Changemark Bike Parking Please show the required bike parking locations on the primary plat. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:19 PM Please see Primary Plat sheet C200 for added bike parking areas in common areas 4 and 3. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 35 1 Planning & Zoning Alexia Lopez 5/29/24 4:21 PM Changemark Construction Traffic Signage Please provide a construction traffic signage plan that shows where the signage will be place and what it will look like. Primary Plat-C200.pdf Reviewer Response: Alexia Lopez - 7/20/24 10:54 PM Please submit the final plan with the secondary plat that shows the signage at Gray Road per the PUD. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 7/20/24 10:54 PM Please submit the final plan with the secondary plat that shows the signage at Gray Road per the PUD. ---------------------------------------------------------- Responded by: Mike Timko - 6/27/24 12:37 PM Please see updated MOT plan on sheet C 500 for proposed construction traffic signage at the Gray Oaks connection. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/13/24 3:00 PM Construction traffic signage locations and types of signs need to be shown with the primary plat to show that construction traffic will not go through Gray Oaks. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:20 PM Construction traffic signage will not be provided at this time. This information will be provided at the construction document phase. Resolved 36 1 Planning & Zoning Alexia Lopez 5/29/24 5:01 PM Changemark Southern Tree Preservation Area Please show this 30 ft. buffer yard as a tree preservation area per the PUD. Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:20 PM Please see Primary Plat sheet C200 for revised notes. Resolved 37 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Please list what green or sustainable site or building design aspects will implemented, similar to the LEED checklist: www.usgbc.org/leed/rating- systems from the US Green Building Council. (This is not a requirement, but the Commission looks favorably upon this.) Responded by: Mike Timko - 6/7/24 12:20 PM Green or sustainable site or building design aspects will not be provided at this time. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 38 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Please submit a draft copy of the neighborhood Covenants, Conditions and Restrictions (if there will be any). Reviewer Response: Alexia Lopez - 7/20/24 10:55 PM Please provide with the secondary plat if you have them so we can review them. ---------------------------------------------------------- Responded by: Mike Timko - 7/2/24 8:38 AM Pulte typically does not draft these until post land development. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/18/24 8:23 PM Will you have those prepared to be reviewed with this Primary Plat? ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:20 PM Neighborhood covenants, conditions and restrictions are to be provided when acquired at a later date. Resolved 39 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Submit a copy of the Adjoining Property Owners List from Hamilton County. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved 40 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Provide the filled out and notarized affidavit of notice of public hearing page of the application. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved 41 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Provide the filled out Notice of Public Hearing page of the application. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved 42 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Submit Proof of Publication from the newspaper. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved 43 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Submit Certificate of Mailing for proof of mailing. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 44 1 Planning & Zoning Alexia Lopez 5/29/24 5:02 PM Library Comment Submit a copy of the Sign Affidavit. Responded by: Mike Timko - 6/7/24 12:20 PM Please see attached documents. Resolved 45 1 Planning & Zoning Alexia Lopez 5/29/24 5:06 PM Changemark Pond Vegetation Please label the native vegetation around the pond Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:21 PM Please see sheet C400 for proposed landscaping around pond. Resolved 46 1 Planning & Zoning Alexia Lopez 5/29/24 5:09 PM Changemark Plantings required by Salsbery Please provide an update on the commitment for Salsbery to install landscaping along the western perimeter. When will these be installed? Have you been in contact with them? Primary Plat-C200.pdf Reviewer Response: Alexia Lopez - 7/11/24 5:00 PM ---------------------------------------------------------- Responded by: Mike Timko - 7/2/24 8:39 AM We have had multiple conversations in the past with Salsberry and their representative from Kreig Devault. They are aware of their obligations and will be coordinated with when we start land development. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/18/24 8:06 PM Have you been in contact with Salsbery about this commitment? ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:21 PM Noted. We also recognize the commitment stated the change must be made by May 2025 at the latest. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 47 1 Planning & Zoning Alexia Lopez 5/29/24 5:10 PM Comment Please provide a landscape plan to show the required plantings in the bufferyards, and how the common areas will be landscaped., including the location and fencing for the dog park and community garden. Responded by: Mike Timko - 6/27/24 12:40 PM Please see updated landscape plan for detailed amenities. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/21/24 11:44 AM Thank you for the landscape plan. Amenity details should be provided with the primary plat. Please submit these items with your next submittal. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:21 PM Amenities are to be provided at a later date. Please see sheet C400 Landscape Plan for proposed locations of amenity areas. Resolved 48 1 Planning & Zoning Alexia Lopez 5/29/24 5:12 PM Changemark Fence design and location Please show the location for the fence for the dog park or community garden. Please also provide the details for what the fence will look like. Primary Plat-C200.pdf Responded by: Mike Timko - 6/27/24 12:40 PM Please see updated landscape plan for detailed amenities. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/13/24 3:04 PM Amenity details should be provided with the primary plat. Please submit these items with your next submittal. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:21 PM Amenity details to be provided at a later date with full construction documents. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 49 1 Planning & Zoning Alexia Lopez 5/29/24 5:13 PM Comment Please provide the details for what the subdivision signage will look like and be located. Provide the size, height, landscaping around the sign and if any lighting will be provided for the sign. Responded by: Mike Timko - 6/27/24 12:40 PM Noted. Entrance sign is called out on the landscape plans. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/13/24 3:05 PM At a minimum, the location of an entrance sign should be shown on the plans. ---------------------------------------------------------- Responded by: Mike Timko - 6/11/24 9:57 AM Coordination is ongoing regarding this comment. Signage will be provided at a later date. Resolved 50 1 Planning & Zoning Alexia Lopez 5/30/24 9:23 AM Changemark Pond Overlook Please provide details on the pond overlook. What will it look like, how big will it be, etc. Open Space Exhibit v2.0.pdf Responded by: Mike Timko - 6/27/24 12:41 PM Please see attached exhibit detailing the pond overlook, as well as the landscape plans for revision. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/18/24 8:23 PM Please upload the most recent plans that show the details of the pond overlook. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:22 PM Amenity details are to be provided at a later date. Please see sheet C400 Landscape Plan for proposed pond overlook landscaping. Resolved 51 1 Planning & Zoning Alexia Lopez 5/30/24 9:23 AM Changemark Additional Street Tree Can you add another street tree in this general area? Open Space Exhibit v2.0.pdf Responded by: Mike Timko - 6/7/24 12:22 PM Please see sheet C400 for proposed landscaping. Resolved 52 1 Planning & Zoning Alexia Lopez 5/30/24 9:25 AM Comment Please provide a typical landscaping plan for a residential home. Responded by: Mike Timko - 6/7/24 12:22 PM Typical landscaping plan to be provided at a later date with full construction documents. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 53 1 Planning & Zoning Alexia Lopez 5/30/24 12:12 PM Changemark 2 ft offset for front yard setback Will all homes meet the minimum 2 ft. offset between adjacent lots? Primary Plat-C200.pdf Responded by: Mike Timko - 6/7/24 12:22 PM All homes are offset 2' between adjacent lots. Please see Primary Plat sheet C200. Resolved 54 1 Planning & Zoning Alexia Lopez 5/30/24 12:15 PM Changemark Community Garden Please show the location of the 20 raised garden beds, compost box, and water source. Open Space Exhibit v2.0.pdf Responded by: Mike Timko - 6/27/24 12:41 PM Please see updated landscape plan on sheet C 400 for detailed amenities. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/13/24 3:06 PM Amenity details should be provided with the primary plat. Please submit these items with your next submittal. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:22 PM Amenities are to be provided at a later date with full construction documents. Please see sheet C400 Landscape Plan for proposed locations of amenity areas. Resolved 55 1 Planning & Zoning Alexia Lopez 5/30/24 12:18 PM Changemark Common Area 2 Landscaping Please show the landscape plan for Common Area 2 and locate trees and shrubs to help break-up the view of the side facade of Lot 9. 3 Bur Oak trees are required in this location as well. Open Space Exhibit v2.0.pdf Responded by: Mike Timko - 6/7/24 12:23 PM Please see sheet C400 for proposed landscaping. Resolved 56 1 Planning & Zoning Alexia Lopez 5/30/24 12:39 PM Changemark Speed bump Will the Engineering Dept. permit a speed bump at the neighborhood connection with Gray Oaks, per the PUD? Primary Plat-C200.pdf Responded by: Mike Timko - 7/2/24 9:10 AM This will be finalized with Engineering Department during Construction Document review. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 6/21/24 12:25 PM Please provide an update on this as I did not see it on the plans. ---------------------------------------------------------- Responded by: Mike Timko - 6/7/24 12:23 PM Per section 8.2.C of the Andrews PUD, a speed bump is to be provided if approved by Carmel Engineering. Coordination regarding this update is ongoing. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 57 1 Planning & Zoning Alexia Lopez 5/30/24 12:45 PM Changemark Docket Number Please add the Docket Number to the Primary Plat Cover sheet. PZ-2024- 00064 PP Primary Plat-C100.pdf Responded by: Mike Timko - 6/7/24 12:23 PM Please see Primary Plat sheet C100 for revision. Resolved 58 1 Planning & Zoning Alexia Lopez 5/30/24 12:45 PM Changemark Update Zoning on Cover Sheet Please update the zoning to the current zoning, which is PUD - Ordinance Z-687-24 Andrews PUD Primary Plat-C100.pdf Responded by: Mike Timko - 6/7/24 12:23 PM Please see Primary Plat sheet C100 for revision. Resolved 59 2 Sign Permits Aliza Shalit 6/13/24 4:28 PM Comment All constructions signs require sign permits per UDO temporary sign standards. Info Only 60 2 Urban Forestry Daren Mindham 6/14/24 7:12 PM Changemark Natural Open Space - tree preservation area There shouldn't be a need to seed the tree preservation area. If any seeding is needed it should be a woodland mix. Please relabel this area appropriately as tree preservation area. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:47 PM Please see landscape plan on sheet C400 for revision. Resolved 61 2 Urban Forestry Daren Mindham 6/14/24 7:12 PM Changemark tree preservation areas2 Please label as tree preservation area please see other changemark about these areas. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:48 PM Please see landscape plan on sheet C400 for revision. Resolved 62 2 Urban Forestry Daren Mindham 6/14/24 7:12 PM Changemark tree preservation area3 Please relabel as tree preservation as appropriate. see other tree preservation area changemarks for more information. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:48 PM Please see landscape plan on sheet C400 for revision. Resolved 63 2 Urban Forestry Daren Mindham 6/14/24 7:12 PM Changemark tree preservation plantings Is the labeling of additional trees in the tree preservation areas meant as supplemental plantings? Please clarify how these trees are to be planted within the tree preservation areas. Are they gap plantings as needed? specific gaps already established? or extra by mistake? C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:48 PM Proposed trees are being shown as a placeholder until tree survey is received. This will be provided at a later date with full construction documents. Resolved 64 2 Urban Forestry Daren Mindham 6/14/24 7:12 PM Changemark lack of street trees Was there a reason for not providing street trees on the east side? Please provide street trees. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:48 PM Please see landscape plans on sheet C400 for revision providing more trees. Resolved 65 2 Urban Forestry Daren Mindham 6/14/24 7:16 PM Changemark hornbeam as a street tree choice hornbeam are an understory tree. Please use them in the common areas and for street trees use the larger growing trees like tuliptree, red oak, hybrid elm and hackberry. These trees can be trimmed up for street and sidewalk clearance. Please use at least 4 different species for street trees for diversity. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:48 PM Tree species have been updated to reflect these comments. Please see landscape plan sheet C 400 for revision of the plant schedule and landscaping layout. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 66 2 Urban Forestry Daren Mindham 6/14/24 7:25 PM Changemark legend wording Should these legends match the uses of the Open Space Legends on sheet C300? Where is the mulch hatching being used? C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/28/24 9:48 AM Mulching areas have been provided, seeding has been revised, and tree preservation areas have been called out. Please see landscape plan sheet C400 for revision. Resolved 67 2 Urban Forestry Daren Mindham 6/14/24 7:29 PM Changemark Planting details The city of Carmel has their own standard details that we like to have used. See the correspondence folder for the details. Please use the city details as we prefer the wire baskets removed. C401 LANDSCAPE DETAILS.pdf Responded by: Mike Timko - 6/27/24 12:49 PM Please see landscape details on sheet C401 for added Carmel details. Resolved 68 2 Planning & Zoning Alexia Lopez 6/21/24 12:11 PM Changemark Missing Street Trees It looks like you are missing some street trees here. Please add them to the plans. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:44 PM Please see landscape plan on sheet C400 for revision providing more trees. Resolved 69 2 Planning & Zoning Alexia Lopez 6/21/24 12:35 PM Changemark Remove Waiver Please remove the word Waiver here. This is just for the Subdivision Docket Number as there were no waivers. Primary Plat-C100.pdf Responded by: Mike Timko - 6/27/24 12:45 PM Noted. Please see Primary Plat Sheet C100 for revision. Resolved 70 2 Planning & Zoning Alexia Lopez 6/21/24 12:44 PM Changemark Storm draining from dog park to Community garden Is this the best location to have a storm drain from the Dog park to the community garden area? I feel like this might contaminate the community garden area. Primary Plat-C200.pdf Responded by: Mike Timko - 7/30/24 9:15 AM Noted, outlet has been extended 20' past the community garden. The community garden also sits approximately 3.5' higher than the outlet structure. ---------------------------------------------------------- Reviewer Response: Alexia Lopez - 7/20/24 11:28 PM Please extend the outlet a bit more so it is fully clear of the community garden per our conversation. ---------------------------------------------------------- Responded by: Mike Timko - 6/27/24 12:45 PM A beehive inlet is being proposed in the dog park area and the outlet has been extended past the community garden area. Please see Primary Plat Sheet C200 for revisions. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 71 2 CrossRoad Engineers Willie Hall 6/21/24 1:26 PM Changemark Gray Oaks DR Please provide the Gray Oaks Drainage Report. Please run the interconnected pond model with a tailwater condition for the Gray Oaks pond, if applicable. 170325000-Drainage Report.pdf Responded by: Mike Timko - 8/21/24 9:55 AM The ICPR model is being ran with a tailwater condition. The starting elevation of the outfall is the 100-year elevation of the Gray Oaks pond that is being discharged into. ---------------------------------------------------------- Responded by: Mike Timko - 7/30/24 9:18 AM Gray Oaks drainage report has been provided with this submission. ---------------------------------------------------------- Responded by: Mike Timko - 6/27/24 12:26 PM Tailwater condition was assesed using the 100-yr pond elevation of the Gray Oaks pond. This raised the top of bank by 0.1' to maintain 1' of freeboard to the top of bank. It appears CrossRoad Engineers prepared this project, can that drainage report be provided to us? It does not appear to be on Carmel's online portal. Resolved 72 2 CrossRoad Engineers Willie Hall 6/21/24 1:36 PM Changemark Node diagram Please provide the node diagram for the ICPR setup. 170325000-Drainage Report.pdf Responded by: Mike Timko - 8/21/24 9:55 AM ICPR node diagram has been updated and included in the appendices of the drianage report. ---------------------------------------------------------- Responded by: Mike Timko - 7/30/24 9:18 AM ICPR node diagram has been revised and included in the drainage report. ---------------------------------------------------------- Responded by: Mike Timko - 6/27/24 12:27 PM ICPR node diagram has been provided. Please see drainage report for revision. Resolved 73 2 Planning & Zoning Alexia Lopez 6/21/24 2:22 PM Changemark Tree Preservation Signage Please show the tree preservation sign locations on the plans. And also provide the design for the signs. Consider a shorter sign that won't obstruct views for the residents and is less obtrusive while still letting them know the area is for tree preservation and is not to be mowed/built in. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 6/27/24 12:45 PM Please see landscape plan on sheet C400 for tree preservation sign locations. Exact size and verbiage on these signs will be provided with construction documents at a later date upon further coordination with the Urban Forestry department. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 74 3 Engineering Alex Jordan 7/5/24 10:19 AM Changemark Please have the pond outlet into the existing stream After conversations with the City Engineer, he would like the subdivision to be discharged into the stream that was identified in the natural resource assessment. Please revise the plans to show this. Primary Plat-C200.pdf Responded by: Mike Timko - 8/21/24 9:58 AM Flow is only discharged to the stream in an emergency flood routing situation. Otherwise, the site discharges to the Grey Oaks pond, per coordination with Alex Jordan. ---------------------------------------------------------- Responded by: Mike Timko - 7/30/24 9:16 AM Per further discussion, discharging into the existing Grey Oaks pond is the preferred option. Please see attached email correspondence with Alex Jordan regarding this decision dated 2024-07-22. We are not exceeding the existing release rate to the Grey Oaks pond. Calculations have been added to the drainage report as justification. Resolved 75 3 Urban Forestry Daren Mindham 7/15/24 9:58 AM Changemark Salsbery landscape requirement Have you talked to Salsbery Bros on a landscape plan for this area of their commitment? Can the landscape plan show the 'planned' landscaping instead of the PUD wording, so that landscape plan will have the 'as-planted' landscaping? This could be on a page 2 as an inset. C400 LANDSCAPE PLAN.pdf Responded by: Mike Timko - 9/30/24 4:48 PM Noted. Please see previous comment responses. ---------------------------------------------------------- Responded by: Mike Timko - 9/20/24 8:20 AM We have had multiple conversations in the past with Salsbery and their representative from Kreig Devault. They are aware of their obligations and will be coordinated with when we start land development. ---------------------------------------------------------- Responded by: Mike Timko - 8/22/24 2:18 PM We have had multiple conversations in the past with Salsbery and their representative from Kreig Devault. They are aware of their obligations and will be coordinated with when we start land development. ---------------------------------------------------------- Responded by: Mike Timko - 7/30/24 2:31 PM We have had multiple conversations in the past with Salsberry and their representative from Kreig Devault. They are aware of their obligations and will be coordinated with when we start land development. Question 76 3 CrossRoad Engineers Willie Hall 7/23/24 11:17 AM Comment Further review pending revisions made per 7/22/24 email. Info Only Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 77 4 Engineering Alex Jordan 8/7/24 10:22 AM Changemark Chapter 700 of the STSM requires that the site be treated by two different types of BMPs An additional BMP other than a water quality unit will need to be provided with the project. Typically we see the bottoms of dry ponds planted with native vegetation in situations similar to this but there are several different options that can be investigated. 170325000-Drainage Report.pdf Responded by: Mike Timko - 8/22/24 2:17 PM The bottoms of the dry ponds have been shown to have native vegetation, please see Landscape Plan sheet C400 for revision. Resolved 78 4 Engineering Alex Jordan 8/9/24 11:31 AM Changemark Please revise the basin map to reflect existing conditions From the contour lines shown on our GIS, it appears there are multiple existing basins and that they extend outside the limits of the property line. Please show these basins and factor them into your allowable and bypass release rates. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/17/24 10:03 AM This offisite flow has been accounted for in calculations. Basin maps have been shown at a larger scale to show the extents of the offsite flows. Please see drainage report for revisions. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 9/3/24 10:43 AM It appears that the basin map provided is still only for the limits of the project. Please revise. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 10:00 AM Noted. Please see updated Existing Drainage Area Map, emergency flood routing map, and emergency spillway calculations to support bypass release rates. Please note that, per inlet capacity calculations, no inlet stacks greater than 6" in a 50% clogged situation. The emergency flood map assumes all inlets are clogged. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 79 4 Engineering Alex Jordan 8/9/24 11:34 AM Changemark Please recalculate the allowable release rates It appears the allowable release rates were calculated based on the entire parcel acreage and not the acreage of the basins that drain to Gray Oaks. Please provide the allowable release rates with these basins factored in. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/30/24 3:26 PM Basin maps have been revised to deliniate both the north and south basins with offsite areas broken out as well. Please see drainage report for updates. Allowable release rates have been calculated from Existing Basin 2A, which can be seen in the drainage report. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:03 AM Noted. Basin maps have been revised. Allowable release rate calculations account for the area of the basin draining to the Grey Oaks pond that is inside of the property line. Please see drainage report for revisions. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 9/3/24 10:44 AM Please revise these once the pre-developed basin map is revised. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 10:00 AM Noted. Existing drainage area map has been revised to show seperated pre-developed drainage areas. Please see drainage report for revised release rates and calculations. Resolved 80 4 Engineering Alex Jordan 8/9/24 1:17 PM Changemark How is this easement being obtained? Per our email correspondence, the owner of this property is not willing to dedicate easements across this land. Can the be approached regarding an easement and pipe to the stream head on their property /as proposed in Option 1 of my email on 7/22/24? Primary Plat-C200.pdf Responded by: Mike Timko - 8/21/24 10:00 AM Noted. Primary plat has been updated with this easement removed. Since the existing sanitary connection that is now being connected to is too high, gravity sewer is being proposed for the extents possible and force main is being proposed for the remainder of the site. A grinder pump will be utilized at the each building that cannot be served by gravity connections. Info Only Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 81 4 Engineering Alex Jordan 8/9/24 1:17 PM Changemark We would like the pond overflow to be directed to the stream to the north Please show this on the plans and provide all necessary grading and easements to have this discharge to the stream. Primary Plat-C200.pdf Responded by: Mike Timko - 8/21/24 10:01 AM Noted. Emergency flow has been routed to the ephemeral stream discussed. Please see emergency flood map in drainage report. Please note that, per inlet capacity calculations, no inlet stacks greater than 6" in a 50% clogged situation. The emergency flood map assumes all inlets are clogged. Resolved 82 4 Engineering Alex Jordan 8/9/24 1:17 PM Changemark The maximum allowable ponding for dry detention basins is 4' Per Section 302.08(2) of the STSM, dry ponds can store a maximum of 4'. Please revise the pond to reduce the 100-year elevation not to exceed this threshold. Primary Plat-C200.pdf Responded by: Mike Timko - 9/17/24 10:03 AM A traffic rated barrier is shown along the section of the southeast pond that borders road. The northeast pond is farther than 50' from the right-of-way. Wet basins have been provided per discussions with Jeremy Kashman. Please see drainage report for updated calculations. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 9/3/24 10:45 AM We will not allow the ponds to stage more than 4' so the drainage system will need to be reevaluated. Additionally, if they are closer than 50' to the right-of- way, a traffic rated barrier will need to be installed. ---------------------------------------------------------- Responded by: Mike Timko - 8/22/24 2:18 PM Additional vegetation has been provided around each dry basin, specifically adjacent to the road and buildings. Do not mow or spray signage is also shown around the ponds. The intent of this is to screen the dry basins enough that they are not accessible to the public, alleviating safety concerns of staging greater than 4'. We are applying for a variance on the pond staging being greater than 4 feet in dry basins with this reasoning. Info Only Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 83 4 Engineering Alex Jordan 8/9/24 1:17 PM Changemark Please verify that this pipe is sized correctly to convey all flows and overflows of the developments to the west Primary Plat-C200.pdf Responded by: Mike Timko - 9/30/24 3:26 PM Noted. Culvert has been upsized to convey the emergency overflow from the upstream ponds without overtopping the road. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 9/27/24 9:33 AM The swale that the road will be crossing is sized for convey the emergency overflow of the upstream developments so the pipe will need accommodate this. Currently the drainage report shows this flow overtopping the road so the culvert sizing will need to be revised to contain the overflow. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:03 AM Culvert pipe sizing calculations have been updated. Please see drainage report for revisions. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 10:01 AM Please see culvert pipe sizing calculations in drainage report. Resolved 84 4 CrossRoad Engineers Willie Hall 8/9/24 3:40 PM Changemark Wetland B As discussed in the 7/9/24 meeting, please provide an update on the Wetland determination for Wetland B as it is not addressed in the USACE report. LRL-2024-00289-jde Approved JD 11Jun2024.pdf Responded by: Mike Timko - 9/17/24 10:01 AM Please see attached for the JD that includes Wetland B as well. Additionally, approved Section 401 Water Quality Certification has been attached. This covers wetlands A and B. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:55 AM V3 is continuing work on the wetland determination for Wetland B and the stream segment. This will be submitted when it is complete. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 85 4 CrossRoad Engineers Willie Hall 8/9/24 3:52 PM Changemark 302.12 Per discussions with Engineering, the emergency flow from the pond should be routed to the ephemeral stream north that commences to the NW of the Gray Oaks pond to alleviate the Gray Oaks pond in extraordinary rain events. Primary Plat-C200.pdf Responded by: Mike Timko - 9/30/24 4:47 PM Swale capacity calculations have been provided for the emergency overflow path. Please see drainage report for updates. ---------------------------------------------------------- Reviewer Response: Willie Hall - 9/26/24 12:45 PM The drainage report will need to include swale/channel capacity calculations for the overflow path to ensure the flow is contained on the site. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:01 AM Noted. A berm has been graded on the east side of this swale to ensure no overlow is routed to the existing Gray Oaks pond and instead is directed to the ephemeral stream. Furthermore, building 14 (directly north of the southeast pond) sits at minimum 5.7' above this berm, thus water will overtop to the east before being an issue for this building. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 2:23 PM Please provide a swale capacity calculation downstream of the emergency weir to verify that the proposed building will not be affected by the overflow. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:57 AM Noted. Emergency flow has been routed to the ephemeral stream discussed. Please see emergency flood map in drainage report. Please note that, per inlet capacity calculations, no inlet stacks greater than 6" in a 50% clogged situation. The emergency flood map assumes all inlets are clogged. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 86 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark Salsbery Brothers Drainage Report Please provide the drainage report for the Salsbery Brothers Landscaping pond as this outlets directly into the overflow swale to the south of the site for which the drive culvert is being installed. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/30/24 3:23 PM Noted. Culvert has been upsized to convey the emergency overflow from the upstream ponds without overtopping the road. ---------------------------------------------------------- Reviewer Response: Willie Hall - 9/27/24 7:47 AM Per discussion with Engineering, since the swale was designed for the emergency overflow from the upstream ponds, that flow will need to be conveyed through the culvert(s) without overtopping the road. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:01 AM Noted. Per section 304.01 of the Carmel Stormwater Technical Standards Manual, culverts must convey the 100-year storm rain event from the site and all contributing areas. Updated culvert calculations and emergency overflow calculations are provided for this culvert. Please see drainage report for updated calculations including both the Salsbery pond and Stafford Place pond. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 2:06 PM The existing swale is sized for the stafford place emergency overflow, this will need to be perpetuated with the proposed culvert. The culvert will also have to accommodate any additional overflow from Salsbery. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:56 AM Noted. Salsbery Brothers Drainage Report has been attached to our drainage report. Culvert has been sized per this drainage report. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 87 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark 302.03 Sites where the pre-developed area has more than one (1) outlet, the release rate should be computed based on pre-developed discharge to each outlet point, and the computed release rate for each outlet point shall not be exceeded at the respective outlet point even if the post developed conditions would involve a different arrangement of outlet points. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/30/24 4:47 PM Noted. Please see drainage report for additional ICPR model considering offsite flows. "Constructed" ICPR report has been updated for a minimum orifice size of 2". ---------------------------------------------------------- Reviewer Response: Willie Hall - 9/27/24 1:19 PM It does not appear that there is an icpr output that models the offsite running through the system. Please provide and summarize the scenario that shows the effects of the offsite flow being added to the system. Please note that the city allows a minimum orifice size of 2". It looks like basin 1 and basin 2 constructed models use a 6" orifices. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:01 AM This offisite flow was accounted for in bypass flow calculations for the ponds. Basin maps have been shown at a larger scale to show the extents of the offsite flows. Please see drainage report for revisions. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 1:31 PM Please include off-site drain basins in the pre- and post developed scenarios as well. The southern watershed does not appear to match that of the Gray Oaks drainage report. Per the Gray Oaks drainage report and available GIS topography, it appears that there is off-site drainage from the Salsbery Brothers site being routed through the subject site, noted on the inlet drainage map. Please verify that the this was accounted for as bypass flow through the respective ponds. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:56 AM Noted. Existing drainage area map has been revised to show both pre-developed areas. Please see drainage report for revised release rates and calculations. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 88 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark 102.02 Per the Gray Oaks report, the 10- and 100-YR runoff to the Gray Oaks pond is 12.99 and 33.26 cfs, respectively. 170325000-Drainage Report.pdf Responded by: Mike Timko - 8/21/24 9:56 AM Noted. Please see drainage report for updates. Resolved 89 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark 303 Please include analysis of the proposed off-site culvert under the Gray Oaks Court extension to verify that it is adequately sized for the 1.25x 100yr flow from the Stafford and Salsbery ponds for which the swale was sized. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/30/24 3:25 PM Noted. Culvert has been upsized to convey the emergency overflow from the upstream ponds without overtopping the road. ---------------------------------------------------------- Reviewer Response: Willie Hall - 9/27/24 7:47 AM Per discussion with Engineering, since the swale was designed for the emergency overflow from the upstream ponds, that flow will need to be conveyed through the culvert(s) without overtopping the road. ---------------------------------------------------------- Responded by: Mike Timko - 9/17/24 10:02 AM Noted. Per section 304.01 of the Carmel Stormwater Technical Standards Manual, culverts must convey the 100-year storm rain event from the site and all contributing areas. Updated culvert calculations and emergency overflow calculations are provided for this culvert. Please see drainage report for updated calculations including both the Salsbery pond and Stafford Place pond. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 2:19 PM See Ref.# 86 ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:56 AM Please see drainage report for adequate calculations sizing this culvert. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 90 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark Direct Discharge Please quantify the expected direct discharge due to the tree preservation on the south side of the site. 170325000-Drainage Report.pdf Responded by: Mike Timko - 8/21/24 9:57 AM Direct discharge from this area has been calculated and provided in the drainage report. This area is discharging directly to the Gray Oaks pond through an existing swale and is undisturbed by the proposed development. This area has been removed from the area used for allowable release rate calculations as well to reflect this. Resolved 91 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark 102.03.i.a Pre-developed watershed map and calculations shall reflect the actual drainage basins based on existing contours, not just the overall site limits. Please revise. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/17/24 10:02 AM Basin maps have been shown at a larger scale to show the extents of the offsite flows. Please see drainage report for revisions. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 2:19 PM See Ref.# 87 ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:57 AM Noted. Please see updated Existing Drainage Area Map. Resolved 92 4 CrossRoad Engineers Willie Hall 8/9/24 3:53 PM Changemark 201.03 Since "B" soils are categorized as B/D, the next less infiltrating capacity category for post developed condition shall be considered a Type D soil. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/17/24 10:02 AM Noted. Please see drainage report for updated calculations. The post developed condition shows 100% Type D soils. ---------------------------------------------------------- Reviewer Response: Willie Hall - 8/26/24 2:22 PM The proposed CN should be be 100% group D since the B/D soil is considered a D in the proposed condition. ---------------------------------------------------------- Responded by: Mike Timko - 8/21/24 9:57 AM Noted. The next less soil type is being used when comparing pre-developed and post-developed conditions. Resolved 93 4 Planning & Zoning Alexia Lopez 8/16/24 11:13 AM Comment Please don't shift the plat on the page with the next submittal. The software let's us overlay previous versions and see what is different. If things shift up or down, it won't overlay properly which may take longer for review. Info Only Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 94 5 CrossRoad Engineers Willie Hall 8/26/24 2:16 PM Changemark Offsite drainage areas D19 & D40 inlet and pipe calculations should also include the offsite basins being captured. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/17/24 10:02 AM Noted. Please see drainage report for updated calculations. Runoff to D40 has been redirected to a new structure (D47) which is a 15" end section located south of the dog park, alleviating inlet capacity concerns. Structure D19 and D20 now have larger castings and work in tandem in an emergency flood condition. Resolved 95 5 Engineering Alex Jordan 9/3/24 10:50 AM Comment Please ensure that the information requested from both our department and Crossroads is completed prior to your next submittal. We would encourage you to forward the pre-developed basin map to us for our review prior to the next ProjectDox submittal. Responded by: Mike Timko - 9/20/24 8:32 AM Pre-developed basin map was forwarded prior to this submittal. Please see drainage report for updates. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 96 6 CrossRoad Engineers Willie Hall 9/26/24 12:52 PM Changemark STR D36 This structure needs to be an yard inlet with a rim elevation above the 100- YR pond staging elevation, otherwise, this will act as an outlet vs an inlet to the pond in a heavy storm. 170325000-Drainage Report.pdf Reviewer Response: Willie Hall - 10/14/24 5:49 PM This can be further discussed during construction plan review but to move this project along and avoid another review cycle, this comment is considered resolved. ---------------------------------------------------------- Responded by: Mike Timko - 9/30/24 3:25 PM Noted. This storm run has been removed. Given how low existing grades are along the east property line, storm lines cannot be provided to capture this area while staying above the 100-year elevation of the proposed pond. This structure would need to be raised over 5.31' to be placed at the 100-year elevation, which would make swaling to this inlet impossible and ultimately make the inlet useless. Therefore, the side yard swales have been graded to capture the side yard areas, and the swale behind the buildings will route to the existing stream, as the entire site does in the existing condition. Given release rates are being calculated to the 0.1 and 0.3 requirements, this discharge has not been accounted for in allowable release rate calculations as it would increase the required detention much more than is reasonable. Furthermore, since the entire site is already releasing to this stream, direct discharge to the stream has been decreased by 98.45% and should therefore have no adverse effects. Please see drainage report for full justification. Resolved 97 6 Engineering Alex Jordan 9/27/24 9:23 AM Changemark Please replace this waiver request with the most recent letter from 9/25/24 Please also include within the latest letter that we will require the ponds to be lined and aerators to be installed within them in order for us to support the waiver. 170325000-Drainage Waiver.pdf Responded by: Mike Timko - 9/30/24 3:26 PM Noted. Please see updated waiver request attached. Resolved 98 6 Engineering Alex Jordan 9/27/24 9:36 AM Changemark Please provide a cross-section for the emergency overflow path behind these homes Can these lots realistically be constructed with the 30' easement in the rear yard? Prospective home buyers will need to be notified that no improvements will be allowed within the easement. Primary Plat-C200.pdf Responded by: Mike Timko - 9/30/24 4:48 PM Noted. Cross section has been provided in the drainage report. Given grading and drainage constraints, this will have to be communicated to prospective home buyers. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00064 PP Andrews Subdivision Workflow Started: 4/17/2024 11:41:10 AM Report Generated: 10/23/2024 03:12 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 99 6 CrossRoad Engineers Willie Hall 9/27/24 1:06 PM Changemark Proposed CN Table The acreage total here does not match the exhibit. 170325000-Drainage Report.pdf Responded by: Mike Timko - 9/30/24 3:26 PM Noted. Please see drainage report for updates. Resolved 100 7 Engineering Alex Jordan 10/10/24 9:10 AM Comment Enough information has been provided to satisfy our primary plat review. We will provide further comments on the secondary plat/development plan when it is submitted. Info Only 101 7 CrossRoad Engineers Willie Hall 10/14/24 5:54 PM Comment The Primary Plat plat submittal is considered in substantial conformance with the STSM requirements; however, additional comments may be made during construction as there are several items that will need to be addressed prior to ADLS drainage approval. These items include, but are not limited to MFPG /freeboard requirements and non-tree preservation easement direct discharge. Info Only 146TH S TREET AND GRAY R OAD P ROPERTY N ATURAL R ESOURCE A SSESSMENT PROJECT SITE: Southwest of 146th Street and Gray Road Carmel, Hamilton County, Indiana PREPARED FOR: Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 (317) 534-0339 PREPARED BY: V3 Companies, Ltd. 619 North Pennsylvania Street Indianapolis, Indiana 46204 (317) 423-0690 March 2022 i TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................................ III CHAPTER 1 INTRODUCTION ....................................................................................................................... 1 1.1 INTRODUCTION ............................................................................................................................. 1 CHAPTER 2 JURISDICTIONAL RESOURCES .......................................................................................................... 2 2.1 U.S. ARMY CORPS OF ENGINEERS......................................................................................................... 2 2.1.2 WETLANDS ........................................................................................................................... 3 2.1.3 REGIONAL SUPPLEMENT MANUALS ........................................................................................... 5 2.2 UNITED STATES FISH AND WILDLIFE SERVICE .......................................................................................... 5 2.3 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT ..................................................................... 6 2.3.1 IDEM PERMIT NOT REQUIRED ................................................................................................. 6 2.3.2 IDEM PERMIT REQUIRED ........................................................................................................ 7 2.3.3 MITIGATION.......................................................................................................................... 7 2.4 INDIANA DEPARTMENT OF NATURAL RESOURCES .................................................................................... 8 2.4.1 IDNR IN-L IEU FEE PROGRAM ................................................................................................... 8 2.5 SOIL AND WATER CONSERVATION DISTRICT ........................................................................................... 9 2.6 HAMILTON COUNTY DRAINAGE BOARD ................................................................................................. 9 CHAPTER 3 DESKTOP REVIEW ...................................................................................................................... 10 3.1 PROJECT LOCATION MAP .................................................................................................................. 10 3.2 NATIONAL WETLANDS INVENTORY MAP .............................................................................................. 10 3.3 UNITED STATES GEOLOGICAL SURVEY 7.5-MINUTE QUADRANGLE MAP ................................................... 10 3.4 FLOOD INSURANCE RATE MAP ........................................................................................................... 10 3.5 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL SURVEY ................................................................. 11 3.6 ENDANGERED, THREATENED, AND RARE SPECIES EVALUATION ................................................................ 11 CHAPTER 4 SITE RECONNAISSANCE ............................................................................................................... 12 4.1 METHODOLOGY .............................................................................................................................. 12 4.2 SITE AND ADJACENT PROPERTY LAND USE ........................................................................................... 12 4.3 WETLAND SUMMARY ....................................................................................................................... 12 4.3.1 WETLAND A – (±0.05-ACRE PEM ON-SITE) ............................................................................ 12 4.3.2 WETLAND B – (±0.24-ACRE PSS ON-SITE).............................................................................. 13 4.4 DATA POINT SUMMARY .................................................................................................................... 13 4.5 DRAINAGE FEATURES, STREAMS, AND OTHER POTENTIAL “WATERS OF THE U.S.” ...................................... 15 CHAPTER 5 CONCLUSIONS....................................................................................................................... 16 ii FIGURES FIGURE 1: PROJECT LOCATION MAP FIGURE 2: NATIONAL WETLAND INVENTORY MAP FIGURE 3: USGS TOPOGRAPHIC MAP FIGURE 4: FLOOD ZONES OF HAMILTON COUNTY MAP FIGURE 5: SOIL SURVEY OF HAMILTON COUNTY MAP FIGURE 6: WETLAND AND STREAM DELINEATION MAP TABLES TABLE 1: TYPICAL MITIGATION RATIOS FOR JURISDICTIONAL WETLANDS ............................................................... 3 TABLE 2: SUMMARY OF REPLACEMENT SECTIONS IN THE 1987 MANUAL FOR THE MIDWEST SUPPLEMENT ................ 5 TABLE 3: ISOLATED WETLAND CLASSES ........................................................................................................... 6 TABLE 4: ISOLATED WETLAND MITIGATION RATIOS ........................................................................................... 8 TABLE 6: AQUATIC FEATURES ON-SITE ......................................................................................................... 16 APPENDICES APPENDIX A ETR SPECIES CORRESPONDENCE APPENDIX B SITE PHOTOGRAPHS APPENDIX C DATA FORMS iii EXECUTIVE SUMMARY V3 Companies, Ltd. (V3) performed a natural resource assessment (NRA) and wetland delineation for a proposed development situated southwest of the intersection of 146th Street and Gray Road in Carmel, Hamilton County, Indiana (SITE) on 16 February 2022. V3 reached the following conclusions based on review of available and reasonably ascertainable federal, state, and local resources, and a SITE inspection conducted on the date referenced above. ƒ Two wetlands were identified on-SITE. Wetland A did not appear to exhibit a hydrologic connection with any “Waters of the U.S.,” and would likely be considered an isolated wetland subject to regulation by Indiana Department of Environmental Management (IDEM) alone. Wetland B drains into Stream 1 and eventually discharges into Michener Creek (east of Gray Road) and would likely be considered a “Waters of the U.S.” and under the regulatory authority of the United States Army Corps of Engineers (USACE) and IDEM. ƒ Stream 1 appears to be an intermittent stream and would likely be considered jurisdictional and under the regulatory authority of USACE and IDEM. ƒ Online analysis of the Hamilton County General Viewer GIS web resource indicated no county regulated drains mapped within the SITE area. ƒ An official species list obtained from the U.S. Fish and Wildlife Service (USFWS) Information Planning and Consultation (IPaC) website showed that the SITE is within the range of the federally threatened northern long-eared bat (Myotis septentrionalis), the federally endangered Indiana bat (Myotis sodalis), and monarch butterfly (Danaus plexippus) which is a candidate for listing. V3 did not observe any potential bat habitat trees on-SITE at the time of SITE reconnaissance. ƒ Correspondence with the Indiana Department of Natural Resources (IDNR) indicated no known instances of endangered, threatened, or rare (ETR) species within a 0.50-mile radius of the SITE. Wetland A did not appear to exhibit a hydrologic connection with any federally jurisdictional “Waters of the U.S.,” and as such would likely be considered isolated and subject to regulation under the Isolated Wetlands Program, by the IDEM alone. If impacts to isolated wetlands are proposed, the type of permit required will depend on the extent of impacts and on the class of the impacted wetland as verified by IDEM. Wetland A measures under 3/4 acre and is situated within the City limits of Carmel. According to IC 13- 18-22-1(b)(7), a permit is not required for dredge or fill activities in a Class II wetland that “is located within the boundaries of a municipality” and “has an area, as delineated, of not more than three-fourth (3/4) acre.” Therefore, Wetland A would not likely require mitigation by IDEM. If permanent impacts to the stream are less than 500 lf and 0.25 acre of wetland, the proposed development will likely qualify for a USACE Nationwide Permit (NWP) under activity number 29 (Residential Developments), with Section 401 Water Quality Certification (WQC) Notification to IDEM. Cumulative permanent impacts to streams greater than 300 lf and less than 500 lf are authorized under the USACE NWP 29, with mitigation likely required. If proposed impacts to jurisdictional wetlands are between 0.1 and 1.0 acre and proposed impacts to streams are between 300 and 1,500 lf, a USACE Regional General Permit (RGP) with Section 401 WQC to IDEM will likely be necessary. An RGP Notification to IDEM may be necessary if impacts are proposed for wetlands that total less than 0.1 acre and streams under 300 lf which typically do not require mitigation. iv A review of the National Flood Hazard Zone data for Hamilton County, Indiana indicated that the no portion of the SITE is situated within the 100-year floodplain. If proposed development activities will disturb one or more acres of land, then a Construction Stormwater General Permit may be required. If development activities are proposed to impact any of these aquatic features, V3 recommends that the final report and associated figures be submitted to USACE for an approved jurisdictional determination (AJD). 1 CHAPTER 1 INTRODUCTION This report has been prepared solely in accordance with an agreement between Schafer Development (CLIENT), and V3 Companies, Ltd (V3). The services performed by V3 have been conducted in a manner consistent with the level of quality and skill generally exercised by members of its profession and consulting practices relating to this type of engagement. This report is solely for the use of CLIENT and was prepared based upon an understanding of CLIENT’s specific objective(s) and based upon information obtained by V3 in furtherance of CLIENT’s specific objective(s). Any reliance of this report by third parties shall be at such third party's sole risk as this report may not contain, or be based upon, sufficient information for purposes of other parties, for their objectives, or for other uses. This report shall only be presented in full and may not be used to support any other objectives than those for CLIENT as set out in the report, except where written approval and consent are expressly provided by CLIENT and V3. 1.1 INTRODUCTION The purpose of this investigation was to conduct an NRA and wetland delineation of the SITE to evaluate potential land development permitting requirements regarding natural resources. In this report, V3 provides a detailed description of the information reviewed and collected as part of the scope of work for this project. V3 summarizes the jurisdictional framework applicable to this project, provides a desktop review of relevant and publicly available documents, and details information collected during the SITE reconnaissance including a wetlands determination, an evaluation of the potential presence of other natural resources within the SITE boundary, and a discussion of endangered, threatened, and rare (ETR) species and habitat. The Conclusions section summarizes V3’s findings, addresses potential areas of concern and permitting, regulatory, and other relevant issues. The SITE is approximately 14 acres and is situated southwest of the intersection of 146 th Street and Gray Road in Carmel, Hamilton County, Indiana (FFigure 1). 2 CHAPTER 2 JURISDICTIONAL RESOURCES 2.1 U.S. ARMY CORPS OF ENGINEERS Through the Clean Water Act (CWA) of 1972, Section 404, USACE maintains authority over "Waters of the U.S." as defined in the Code of Federal Regulations (33 CFR 328.3). The limit of jurisdiction described in 33 CFR 328.4 for non-tidal waters is the Ordinary High Water Mark (OHWM) if no adjacent wetlands are present. If wetlands are present, the limit of jurisdiction applies to the boundary of the adjacent wetland. Any wetland that has a hydrological connection to a “Waters of the U.S.” is also included. Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) also serves as a base of federal authority over certain waters. Definitions and permitting requirements for jurisdictional waters under Section 10 can be found in 33 CFR Parts 322 and 329. A Section 404 permit must be obtained from USACE before any fill or dredging activities are conducted within the boundary of a “Water of the U.S.” including federal jurisdictional wetlands. USACE uses three types of permits: nationwide permits, regional general permits for Indiana, and individual permits. The USACE published in the Federal Register revisions of the 2021 Nationwide Permits (NWP). The 12 reissued and four new 2021 NWPs in the rule are necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. These NWPs take effect 15 March 2021. All activities authorized by the remaining 40 NWPs from 2017 remain authorized until the 18 March 2022. Furthermore, a Section 401 WQC must be filed with IDEM concurrently with the Section 404 permit(s). Each permit is discussed in the following paragraphs. Nationwide Permits have been developed for projects that meet a specific criterion and are deemed to have minimal impacts to the aquatic environment. There are/will be 58 NWPs created to streamline the permit process for smaller, repetitive, low impact projects including, but not limited to aids to navigation, fish and wildlife harvesting, outfall structures and maintenance, stream and wetland restoration, maintenance dredging of existing basins, agriculture activities, mining activities, oil or natural gas pipeline activities, surface coal mining activities, residential developments, commercial and institutional developments, agricultural activities, recreational facilities), stormwater management facilities, mining activities, commercial shellfish mariculture activities, underground coal mining activities, land-based renewable energy generation facilities, water-based renewable energy generation pilot projects. The new final rule issues four new NWPs: NWP 55 (seaweed mariculture activities); NWP 56 (finfish mariculture activities); NWP 57 (electric utility line and telecommunications activities); and NWP 58 (utility line activities for water and other substances. Regional General Permits (RGP) for Indiana authorizes proposed impacts associated with any construction activities including agriculture and mining activities. Wetland impacts must be less than one (1) acre to qualify for this type of permit. RGP Notification to IDEM may be used for impacts that are less than 0.1 acre of wetland or 300 linear feet (lf) of stream, and are deemed to have minimal impacts to the aquatic environment. Furthermore, the USACE will also need to be notified for any projects that propose qualifying impacts. Individual Permits (IP) are required for proposed wetland impacts of one acre and greater. The review process for this type of permit may take up to one year due to the higher level of scrutiny by the regulatory agencies. 3 The Louisville District of USACE developed mitigation guidelines in September 2004 for the federal jurisdictional wetlands and “Waters of the U.S.” The guidelines require stream and wetland characterizations for all drainage features and wetlands proposed to be impacted. The document required for permitting must contain extensive detail of the proposed impact sites, the proposed mitigation sites, and information regarding the construction and monitoring of the mitigation sites. Impacts to USACE jurisdictional wetlands or other “Waters of the U.S.” will require in-kind mitigation. The 2008 Compensatory Mitigation Rule states three mechanisms for mitigation and order of preference: mitigation banks, in-lieu fee programs, and permittee-responsible mitigation. The typical mitigation ratios for impacts to federally jurisdictional wetlands and other “Waters of the U.S.” are as follows: Table 1: Typical Mitigation Ratios for Jurisdictional Wetlands Impact Type Replacement Emergent Wetland 2:1 Acres Scrub-Shrub Wetland 3:1 Acres Forested Wetland 4:1 Acres Stream/Drainage Ways 1:1 Linear feet Open Water 1:1 Acres *4:1 ratio is an IDEM requirement and USACE only requires 3:1 ratio for forested wetlands. A “Waters of the U.S.” can be described as any waterway that appears to have a “clear, natural line impressed on the bank”1 that is caused by variations in water levels over a period of time. USACE is the final authority on the determination of whether a waterway qualifies for jurisdiction under the Clean Water Act, but jurisdictional “waters of the U.S.” can include ephemeral streams and drainage ditches, as well as large rivers. Several indicators that may be considered in determining an OHWM include, but are not limited to, changes in soil character, destruction of terrestrial vegetation, historical or recorded data, presence of litter and/or debris, scour, and water staining. 2.1.2 Wetlands Wetlands offer a variety of functions and values that may include, but are not limited to, groundwater recharge/discharge, flood flow alteration, sediment/toxicant retention, and fish and wildlife habitat. Because of the perceived functions and values of wetlands, USACE developed the Wetlands Delineation Manual, (1987 Manual)2 to identify wetlands. Wetlands are defined in the 1987 Manual as, “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”2 The 1987 Manual outlines the protocol for distinguishing wetland areas from "upland" areas. Wetland areas are delineated according to three (3) primary criteria: vegetation, soil, and hydrology. An area is determined to qualify as a wetland if it meets the following “general diagnostic environmental characteristics:” 1 U.S. Army Corps of Engineers (USACE). Regulatory Guidance Letter No. 05-05. Ordinary High Water Mark Identification. Accessed January 2018. http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/cwa_guide/app_h_rgl05-05.pdf 2 USACE. Waterways Experiment Station. Wetlands Research Program. “Corps of Engineers Wetlands Delineation Manual.” Vicksburg, MS: Environmental Laboratory, 1987 4 x Hydrophytic vegetation x Hydrology x Hydric Soil Hydrophytic Vegetation The 1987 Manual defines hydrophytic vegetation as, “…the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present…” The USFWS and the National Wetland Plant List Panel developed the following categories to establish the relative probability of species occurring within the ranges between upland and wetland. The list was updated by USACE with cooperation with other federal agencies in 2016. The following list is the categories for plant species: x OObligate Wetland Plants (OBL) – Probability of >99% occurrence in wetlands with a 1% probability of occurrence in upland areas. x Facultative Wetland Plants (FACW) – Probability of 67% - 99% occurrence in wetlands with a 1% - 33% probability of occurrence in upland areas. x Facultative Plants (FAC) - Probability of 34% - 66% occurrence in either wetlands or upland areas. x Facultative Upland Plants (FACU) - Probability of 67% - 99% occurrence in upland areas with a 1% - 33% probability of occurrence in wetland areas. x Obligate Upland Plants (UPL) - Probability of >99% occurrence in upland areas with a 1% probability of occurrence in wetland areas. The hydrophytic vegetation criterion is met if greater than 50% of dominant species are FAC, FACW, or OBL. Hydrology Areas which are inundated or saturated to the surface for a significant time during the growing season will typically exhibit characteristics of wetland hydrology. Careful examination of the site conditions is needed to adequately identify wetland areas. The anaerobic and reducing conditions in inundated or saturated soils influence the plant community and may favor a dominance of hydrophytic species. It should be noted that the 1987 Manual further defines the growing season and methodology for determining evidence of hydrology. There are two types of hydrologic indicators: primary and secondary. Primary indicators of hydrology are discussed in the 1987 Manual and include, but are not limited to, inundation, and saturation within the upper 12 inches of soil, water marks, drift lines, sediment deposits, and drainage patterns. Secondary indicators include, but are not limited to, oxidized root channels, water stained leaves, local soil survey data, FAC-Neutral test, etc. One primary or two secondary indicators are required to meet this criterion. Hydric Soil "A hydric soil is formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part." 3 All organic soils (except Folists) 3 U.S. Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS). Hydric Soils Technical Note 1. Proper Useof Hydric Soil Terminology. Accessed January 2018. https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/use/hydric/ 5 are considered hydric, while mineral soils must be carefully examined to qualify as hydric. There are several indicators that suggest a soil is hydric. An inspection of the soil profile to a minimum depth of 16 inches below ground surface is required in order to make this determination. The soil data used is the horizon of soil immediately below the A-horizon, or at 10 inches below the soil surface. Hydric soils may be present in an upland position; however, there may be insufficient evidence of hydrology or vegetation for the area to qualify as wetland. 2.1.3 Regional Supplement Manuals A series of regional supplements4 to the 1987 manual are developed by the Army Engineer Research and Development Center (ERDC) to be more specific to regionally geographical conditions. Each supplement manual is developed to account for regional differences in climate, geology, soils, hydrology, plant and animal communities, etc. The intent of the regional supplements is to update the 1987 Manual with current information and technology rather than change the definition or manner that wetlands were delineated. The procedures for completing a wetland delineation is to use a combination of the 1987 Manual and the correct regional supplement manual. TTable 2: Summary of Replacement Sections in the 1987 Manual for the Midwest Supplement Item Replaced Portions of the 1987 Manual Replacement Guidance Hydrophytic Vegetation Indicators Paragraph 35, all subparts, and all reference to specific indicators in Part IV. Chapter 2 Hydric Soil Indicators Paragraphs 44 and 45, all subparts, and all references to specific indicators in Park IV. Chapter 3 Wetland Hydrology Indicators Paragraph 49(b), all subparts, and all references to specific indicators in Part IV. Chapter 4 Growing Season Definition Glossary Chapter 4, Growing Season; Glossary Hydrology Standard for Highly Disturbed or Problematic Wetland Situations Paragraph 48, including Table 5 and the accompanying User note in the online version of the Manual. Chapter 5, Wetlands that Periodically Lack Indicators of Wetland Hydrology, Procedure item 3(f). Regional Supplement Manuals will continue to be developed and revised electronically with the improvement of technology and procedures. 2.2 UNITED STATES FISH AND WILDLIFE SERVICE The Endangered Species Act (ESA) of 1973 intends to conserve the habitats of federally endangered or threatened species and to assist in the recovery of species listed. The USFWS is the regulating authority for this act and works with the states to provide additional conservation measures. The USFWS5 defines two classifications of protected species, endangered and threatened. An endangered species is an organism that is in danger of extinction throughout all or a significant portion of its range. A threatened species is an organism that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. All species of plants and animals are eligible for listing. Any activity that may incidentally harm federally threatened or endangered species is prohibited by the ESA. For proposed development areas that contain listed species, private landowners may create a 4 U. S. Army Corps of Engineers. 2008. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region, ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-08-27. Vicksburg, MS: U.S. Army Engineer Research and Development Center 5 U.S. Fish and Wildlife Service (USFWS). Endangered Species Program. ESA Basics. Arlington, VA: USFWS, 2004. Accessed January 2018. https://www.fws.gov/endangered/esa-library/pdf/ESA_basics.pdf 6 Habitat Conservation Plan to minimize the impact on the listed species. This plan should include the protection of breeding, foraging, and shelter requirements for the listed species. The USFWS may then grant an Incidental Take Permit for the project. In the event that any person knowingly violates any provision of the Act or Permit, the person may be assessed penalties. Projects that involve federal funding or permitting on a site where endangered or threatened species are known to occur or where significant habitat is present will require an alternatives analysis and extensive documentation of agency coordination. 2.3 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IDEM is the state agency that reviews and issues permits for impacts to non-jurisdictional aquatic resources. IDEM regulates impacts to isolated wetlands, which are wetlands that exhibit wetland indicators but do not qualify as “Waters of the U.S.” and are not subject to USACE regulation under Section 404(a) of the CWA.6 IDEM does not require a permit for impacts to ephemeral streams.7,8 Indiana Code (IC) 13-11-2-25.8 divides isolated wetlands into three classes: TTable 3: Isolated Wetland Classes Class I Isolated Wetland Class II Isolated Wetland Class III Isolated Wetland Has been disturbed or affected by human activity (at least 50 percent of wetland area) Supports moderate habitat or hydrological functions Located in an undisturbed or minimally disturbed setting; supports more than minimal wildlife or aquatic habitat or hydrologic function Supports minimal wildlife or aquatic habitat or hydrologic function, does not provide critical habitat for ETR species Is dominated by native species but is without the presence of, or habitat for, ETR species Is one of the rare and ecologically important types listed in IC 13-11-2- 25.8(3)(B) IDEM regulates impacts to isolated wetlands using the isolated wetland general permit (IWGP) and the isolated wetland individual permit (IWIP). However, permitting requirements depend on whether the isolated wetland to be impacted is an exempt isolated wetland or a state regulated wetland. 2.3.1 IDEM Permit Not Required No IDEM permit is required if: ƒ The impacted wetland is an exempt isolated wetland; or ƒ The impacted wetland is a state regulated wetland, and certain conditions are met Exempt isolated wetlands include the following. Definitions and qualifications can be referenced in Indiana Code (IC) 13-11-2-74.5(a). ƒ Class I isolated wetlands, regardless of size ƒ Class II isolated wetlands of 0.375 acre or smaller ƒ Fringe wetlands ƒ Incidental features ƒ Voluntarily-created isolated wetlands ƒ Isolated wetlands associated with manmade waters 6 Indiana Code (IC) 13-11-2-112.5 7 IC 13-18-22-1(b)(6) 8 An ‘ephemeral stream’ is “surface water flowing or pooling only in direct response to precipitation such as rain or snowfall,” defined in IC 13-11-2-72.4. 7 ƒ Isolated wetlands situated on land subject to certain regulations ƒ Pollution or stormwater control wetlands For sites where multiple Class II isolated wetland exemptions are claimed and no other exemption applies, an exemption may be claimed for either the largest qualifying individual Class II isolated wetland on-site, or for 60 percent of the cumulative acreage of qualifying Class II isolated wetlands on- site, whichever is larger.9 If an isolated wetland does not qualify as an exempt isolated wetland, it is a state regulated wetland as per IC 13-11-2-221.5. As of 1 July 2021, IDEM does not require a permit for impacts to state regulated wetlands that meet the following conditions: ƒ Class II isolated wetlands of 0.750 acre or smaller situated within a municipality, where proposed impacts consist of dredge/fill10 ƒ Isolated wetlands situated in cropland that has been farmed in the five years preceding impacts or for which the USACE has issued a jurisdictional determination finding no federally regulated wetlands on-site within the ten years preceding impacts11 2.3.2 IDEM Permit Required If the conditions in SSection 2.3.1 do not apply, isolated wetland impacts require a permit from IDEM. The permits available are the IWGP or the IWIP. IDEM permit applications are submitted concurrently with USACE permit applications and/or IDEM Section 401 WQCs. The IWGP is required for: ƒ Class II isolated wetland impacts associated with field tile maintenance if such maintenance is necessary to restore adjacent drainage and does not drain the wetland ƒ Class III isolated wetland impacts associated with field tile maintenance if such maintenance is necessary to restore adjacent drainage and does not drain the wetland. In such cases IDEM also requires site-specific approval for the impacts The IWIP is required for: ƒ Class II isolated wetland impacts of more than 0.375 acre, unless such impacts are for field tile maintenance that qualifies for the IWGP ƒ Class III isolated wetland impacts, regardless of size, unless the impacts are for field tile maintenance that qualifies for the IWGP 2.3.3 Mitigation IWGP and IWIP permits require compensatory mitigation. Mitigation may be completed through an approved mitigation bank,12 the in-lieu fee (ILF) program,13 on-site, or off-site. If off-site mitigation is proposed, it must be situated within the same eight-digit U.S. Geological Survey (USGS) hydrologic unit code (HUC) as the impacts, or within the same county, or within a designated service area established in an approved ILF mitigation program. Exempt isolated wetlands can also be used to contribute toward 9 IC 13-11-2-74.5(c) 10 IC 13-18-22-1(b)(7) 11 IC 13-18-22-1(d). Cropland is farmland that is “cultivated for agricultural purposes” and “from which crops are harvested” (IC 13-11-2-48.5). Pasture does not qualify as cropland unless it is in “active rotation with cultivated crops for purposes of soil maintenance or improvement” (IC 13-11-2-48.5). 12 327 IAC 9.5-2-4(2); 327 IAC 17-4-5(b); 327 IAC 17-4-10. 13 IC 13-11-2-104.7 8 mitigation requirements. If this is done, the exempt isolated wetlands become state regulated wetlands.14 If compensatory mitigation is completed prior to the start of the wetland activity, the mitigation ratio of impacts to mitigation required is 1 to 1. In all other cases, the following mitigation ratios apply 15 (TTable 4): Table 4: Isolated Wetland Mitigation Ratios Impacted Wetland Class Replacement Class On-Site and In-Lieu Fee Ratio Off-Site Ratio Class II Class II or Class III 1.5 to 1 Non-forested 2 to 1 Non-forested 2 to 1 Forested 2.5 to 1 Forested Class III Class III 2 to 1 Non-forested 2.5 to 1 Non-forested 2.5 to 1 Forested 3 to 1 Forested These mitigation ratios do not apply to USACE jurisdictional wetlands. They apply only to state regulated wetlands. 2.4 INDIANA DEPARTMENT OF NATURAL RESOURCES The IDNR Division of Water has authority over the floodways of waterways that have a watershed greater than one square mile. If construction activities are proposed in a regulated floodway then a Construction in a Floodway permit would be required. A watershed analysis would be required to determine the actual drainage for each waterway proposed to be impacted. In addition, trees cleared within a regulated floodway will require compensatory mitigation. The IDNR Division of Nature Preserves provides a Natural Heritage Data center for the documentation of state and federally listed endangered, threatened, and rare species and high quality natural communities. The IDNR serves to identify, protect, and manage significant natural areas and ETR species through coordination with the land owner. Currently over 23,000 acres of dedicated Nature Preserves are located throughout the state. The preservation of natural communities supports species diversity and provides examples of historic conditions for recreational, educational, and scientific opportunities. 2.4.1 IDNR In-Lieu Fee Program Effective 3 May 2018, the USACE Louisville, Chicago, and Detroit Districts approved the IDNR In-Lieu Fee (ILF) program. The Indiana Stream and Wetland Mitigation Program (IN SWMP) was approved to sell wetland and stream mitigation credits consistent with 33 CFR Part 332, “Compensatory Mitigation for Losses of Aquatic Resources.” The ILF program allows the DNR to sell stream and wetland mitigation credits that can be used for compensatory mitigation for unavoidable impacts to isolated wetlands in the State of Indiana and “Waters of the U.S.” Permits are required from USACE in accordance with 14 IC 13-11-22-6 9 Section 404 of the CWA and by IDEM under Section 401 Water Quality Certification of the CWA and Indiana Isolated Wetlands Law (IAC 13-18-22). The ILF program restores, establishes, enhances, and/or preserves aquatic resources from the funds paid to satisfy compensation required in USACE and IDEM permits. Funds are collected from multiple permittees and are pooled together to create larger, more ecologically valuable mitigation sites than typical permittee-responsible projects. 2.5 SOIL AND WATER CONSERVATION DISTRICT A Construction Stormwater General Permit is required for construction related activities that will disturb one or more acres of land that is not within a designated Municipal Separate Storm Sewer System (MS4) entity or is in a MS4 entity that does not have a stormwater ordinance established. The purpose of Rule 5 is to reduce pollutants, mainly sediment from soil erosion, in stormwater discharges into surface waters of the State for the protection of public health, existing water uses, and aquatic biota. A Construction Plan, including a Storm Water Pollution Prevention Plan, must be reviewed and approved by the Hamilton County Soil and Water Conservation District (SWCD) as part of the Construction Stormwater General permit process. A public notice of the intent to operate under Rule 5 must be submitted in a newspaper of general circulation. A Notice of Intent (NOI) letter must then be submitted to IDEM including a $100 application fee, proof of the public notice, and the Construction Plan Review Approval Verification Form as received from the SWCD. A Construction Stormwater General Permit will be issued by IDEM if all materials are approved. 2.6 HAMILTON COUNTY DRAINAGE BOARD The Hamilton County Drainage Board has authority over designated regulated drains. Drains could include subdivision drains, field tiles, or open ditches and creeks, within Hamilton County. Authorization from the Hamilton County Drainage Board would be required for any work conducted within the easement of a regulated drain. Any construction affecting a regulated drain, and/or the corresponding easement on either side of the drain must be reviewed and approved by the Hamilton County Surveyor prior to disturbance. 10 CHAPTER 3 DESKTOP REVIEW V3 reviewed applicable, readily available and accessible historical information for the potential presence of wetlands, “Waters of the U.S.”, and other natural resources. The findings are presented below. 3.1 PROJECT LOCATION MAP The project is located southwest of the intersection of 146 th Street and Gray Road in Carmel, Hamilton County, Indiana. The SITE location is shown on the ESRI World Street Map in FFigure 1. 3.2 NATIONAL WETLANDS INVENTORY MAP National Wetlands Inventory (NWI) maps were developed to meet a USFWS mandate to map the wetland and deepwater habitats of the U.S. These maps were developed using high altitude aerial photographs and USGS Quadrangle maps as a topographic base. Indicators that exhibited pre- determined wetland characteristics, visible in the photographs, were identified according to a detailed classification system. The NWI map retains some of the detail of the Quadrangle map; however, it is used primarily for demonstration of wetland areas identified by the agency. The maps are accurate to a scale of 1:24,000. In general, the NWI information requires field verification. NWI data is shown projected over the Fishers, Indiana USGS 7.5-Minute Quadrangle Maps in FFigure 2. No NWI features are mapped within the SITE area. The presence of NWI features mapped partially or fully within the SITE area suggests the potential presence of wetlands or other regulated aquatic features on-SITE. 3.3 UNITED STATES GEOLOGICAL SURVEY 7.5-MINUTE QUADRANGLE MAP A USGS 7.5-Minute Quadrangle map displays contour lines to portray the shape and elevation of the land surface. Quadrangle maps render the three-dimensional changes in elevation of the terrain on a two-dimensional surface. The maps usually portray both manmade and natural topographic features. Although they show lakes, rivers, various surface water drainage trends, vegetation, etc., they typically do not provide the level of detail needed for accurate evaluation of wetlands. However, the existence of these features may suggest the potential presence of wetlands. The SITE is situated in the Fishers, Indiana USGS 7.5-Minute Quadrangle Map, in Section 20, Township 18 North, Range 4 East. V3 evaluated the topography and concluded that the SITE elevation ranges from approximately 815 to 830 feet above mean sea level (AMSL). No aquatic features are mapped within the SITE area (FFigure 3). 3.4 FLOOD INSURANCE RATE MAP The Federal Emergency Management Agency (FEMA) was developed in 1979 to reform disaster relief and recovery, civil defense, and to prepare and mitigate for natural hazards. The Mitigation Division of FEMA manages the National Flood Insurance Program which provides guidance on how to lessen the impact of disasters on communities through flood insurance, floodplain management, and flood hazard mapping. Proper floodplain management has the ability to minimize the extent of flooding and flood damage and improve stormwater quality by reducing stormwater velocities and erosion. The one percent annual chance flood (100-year flood) boundary must be kept free of encroachment as the national standard for the program. V3 reviewed digital National Flood Hazard Zone data for Hamilton County, Indiana. No portion of the SITE is mapped within the 100-year floodway or a flood zone (FFigure 4). 11 3.5 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL SURVEY V3 reviewed the soils mapped on-SITE using the Natural Resource Conservation Service (NRCS) digital soil survey data for Hamilton County, Indiana. This data is projected over aerial photography, illustrating distinct soil map unit boundaries, in FFigure 5. Table 5: Soil Survey On-SITE Soil Map Unit Description Hydric within Hamilton County MmB2 Miami silt loam, 2 to 6 percent slopes No YbvA Brookston silty clay loam-Urban land complex, 0 to 2 percent slopes Yes YclA Crosby silt loam, fine-loamy subsoil-Urban land complex, 0 to 2 percent slopes No YmsB2 Miami silt loam-Urban land complex, 2 to 6 percent slopes, eroded No One hydric soil unit is situated within the SITE. Brookston silty clay loam-Urban land complex, 0 to 2 percent slopes (YbvA) is considered hydric within Hamilton County, Indiana. Soils are considered hydric if more than 50 percent of the soil contains hydric components according to the NRCS Web Soil Survey. The presence of hydric soil units within the SITE area suggests appropriate wetland soils are located on-SITE. 3.6 ENDANGERED, THREATENED, AND RARE SPECIES EVALUATION V3 filed a request with the USFWS and IDNR for documentation of any ETR species on-SITE. Based on the USFWS IPaC website, the USFWS indicated that the SITE is within the range of the federally endangered Indiana bat (Myotis sodalis), the federally threatened northern long-eared bat (Myotis septentrionalis), and the candidate for listing monarch butterfly (Danaus plexippus). Correspondence with the IDNR indicated that no ETR species have been identified within 0.5 mile of the SITE. Please refer to AAppendix A for copies of the ETR correspondence. Based on the correspondence referenced above, additional correspondence with the agencies does not appear to be warranted at this time. If federal permitting or federal financing will be used in future development, additional coordination may be necessary. 12 CHAPTER 4 SITE RECONNAISSANCE 4.1 METHODOLOGY V3 conducted a field investigation at the SITE on 16 February 2022. During this investigation, V3 noted the presumed land use of the SITE and surrounding area and evaluated the SITE for the potential presence of wetlands, “Waters of the U.S.,” and natural resources using the findings of the desktop review and field observations. Photographs were taken during the field investigation and are provided in AAppendix B. V3 used the Routine Determination Method (RDM) with an established baseline and transects as described in the 1987 Manual for typical sites over five acres. V3 recorded data from a number of data points (DP) along the transect as a function of diversity of vegetation, property size, soil types, habitat variability, and other SITE features as deemed appropriate by V3. Where evidence of a wetland was suspected, three wetland criteria were applied to determine if the area in question was representative of a wetland using the methodology set forth by USACE. More specifically, V3 visually examined and recorded the dominant vegetation, recorded soil properties such as texture and color using the Munsell Soil Color Chart (Munsell Color Chart), excavated soil pits, and evaluated the primary and secondary hydrologic indicators as discussed in SSection 2.1.2. If all three criteria were met, i.e. vegetation, soil properties, and hydrologic indicators, a second DP was established adjacent to the wetland DP in an area outside of the presumed wetland boundary for the purpose of delineating between the wetland and non-wetland areas. Once delineated, V3 continued the RDM to evaluate the remainder of the SITE. 4.2 SITE AND ADJACENT PROPERTY LAND USE The SITE consists of fallow scrub-shrub land. Adjacent land use consists of commercial businesses and single-family residential parcels. 4.3 WETLAND SUMMARY Two wetlands were identified during this investigation based upon the methodology set forth in the 1987 Manual and the Midwest Regional Supplement. Information that V3 collected at each DP on 16 February 2022 is described in the following section. This information is summarized on the forms provided in AAppendix C. An overall SITE delineation map showing placement of the DPs is included as Figure 6. 4.3.1 Wetland A – (±0.05-acre PEM on-SITE) Wetland A was situated in the northeastern portion to the SITE and consists of approximately 0.05 acres of palustrine, emergent wetland (PEM). Wetland A does not appear to have a hydrologic connection with any federally jurisdictional “Waters of the U.S.,” and as such would likely be considered isolated and subject to regulation by IDEM alone. DP A1 This DP was collected in the western portion of Wetland A. The dominant vegetation present consisted of narrowleaf cattail (Typha angustifolia, OBL) and Frank’s sedge (Carex frankii, OBL), meeting the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of two inches and 10YR 3/2 with 10YR 5/6 redox concentrations from two to 18 inches, meeting the hydric soil criterion with the depleted dark surface (F6) indicator. Evidence of hydrologic features included one inch of surface water (A1), high water table (A2) and 13 saturation (A3) at the surface, geomorphic position (D2), and FAC-neutral test (D5), meeting the hydrology criteria. Since all three criteria were met, this area qualified as a wetland. DDP A2 This DP was collected in the upland area adjacent to DP A1. The dominant vegetation present consisted of Canadian goldenrod (Solidago canadensis, FACU) and Kentucky blue grass (Poa pratensis, FAC), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 and 4/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. 4.3.2 Wetland B – (±0.24-acre PSS on-SITE) Wetland B was situated in the eastern portion to the SITE and appeared to consist of approximately 0.24 acres of palustrine, scrub-shrub wetland (PSS). Wetland B does appear to have a hydrologic connection to a federally jurisdictional “Waters of the U.S.,” and as such would likely be considered jurisdictional and subject to regulation by USACE and IDEM. DP B1 This DP was collected in the northern portion of Wetland B. The dominant vegetation present consisted of silver maple (Acer saccharinum, FACW), meeting the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of five inches and 10YR 3/2 with 10YR 5/6 redox concentrations from five to 18 inches, meeting the hydric soil criterion with the depleted dark surface (F6) indicator. Evidence of hydrologic features included one inch of surface water (A1), high water table (A2) and saturation (A3) at the surface, geomorphic position (D2), and FAC-neutral test (D5), meeting the hydrology criteria. Since all three criteria were met, this area qualified as a wetland. DP B2 This DP was collected in the upland area adjacent to DP B1. The dominant vegetation present consisted of sweet cherry (Prunus avium, FACU), callery pear (Pryus calleryana, UPL), Amur honeysuckle (Lonicera maackii, UPL), American elm (Ulmus americana, FACW), Canadian goldenrod (FACU), and Kentucky blue grass (FAC), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. 4.4 DATA POINT SUMMARY Below is a description of the information collected at each additional DP during the 16 February 2022 field investigation that was not associated with an identified wetland area. The purpose of collecting these DPs was to describe the remaining characteristics of the SITE. Information that was collected at each DP is summarized on the forms provided in AAppendix C. Their placement is depicted in FFigure 6. DP 1 This DP was collected in the southeastern portion of the SITE. The dominant vegetation present consisted of callery pear (UPL), Allegheny blackberry (Rubus allegheniensis, FACU), Kentucky blue grass, and Canadian goldenrod (FACU), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 4/2 to a depth of 18 inches, which did meet the hydric soil criterion with the redox dark surface (F6) indicator. No evidence 14 of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. DDP 2 This DP was collected in the southwestern portion of the SITE. The dominant vegetation present consisted of Canadian goldenrod (FACU), Fuller’s teasel (Dipsacus fullonum, FACU), and Virginia pepperweed (Lepidium virginicum, FACU), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. DP 3 This DP was collected in the central portion of the SITE. The dominant vegetation present consisted of callery pear (UPL), silver maple (FACW), Canadian goldenrod (FACU), and Kentucky blue grass (FAC), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. DP 4 This DP was collected in the western portion of the SITE. The dominant vegetation present consisted of Douglas-fir (Pseudotsuga menziesii, FACU), eastern white pine (Pinus strobus, FACU), Amur honeysuckle (UPL), Kentucky blue grass (FAC), and red fescue (Festuca rubra, FACU), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydrophytic vegetation criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. DP 5 This DP was collected in the northern portion of the SITE. The dominant vegetation present consisted of American ash (Fraxinus americana, FACU), callery pear (UPL), Amur honeysuckle (UPL), gray dogwood (Cornus racemosa, FAC), black walnut (Juglans nigra, FACU), white avens (Geum canadense, FAC), and Pennsylvania sedge (Carex pensylvanica, UPL), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. DP 6 This DP was collected near the northwestern of the SITE. The dominant vegetation present consisted of callery pear (UPL), Kentucky blue grass (FAC), and Canadian goldenrod (FACU), which did not meet the hydrophytic vegetation criterion. Examination of the soil profile using the Munsell Color Chart revealed a matrix color of 10YR 3/2 to a depth of 18 inches, which did not meet the hydric soil criterion. No evidence of hydrologic features was observed. Since all three criteria were not met, this area did not qualify as a wetland. 15 4.5 DRAINAGE FEATURES, STREAMS, AND OTHER POTENTIAL “WATERS OF THE U.S.” One stream was identified on-SITE. Approximately 10 lf of Stream 1 appears on-SITE. Stream 1 originates from Wetland A and flows east off-SITE. Stream 1 crosses under Gray Road through a culvert and discharges into Mitchner Drain. Stream 1 would likely be considered jurisdictional “waters of the U.S.” subject to USACE and IDEM authority. Online analysis of the Hamilton County General Viewer GIS resource indicated no county regulated drains mapped within the SITE boundary. No additional drainage features, streams, or other potential “waters of the U.S.” were observed on- SITE. 16 CHAPTER 5 CONCLUSIONS On 16 February 2022, V3 performed a natural resources assessment and wetland delineation of the SITE located in the Fishers, Indiana USGS 7.5-Minute Quadrangle Map, in Section 20, Township 18 North, Range 4 East. Two wetlands and one stream were identified within the SITE boundary. TTable 5: Aquatic Features On-SITE Water Body Type Size (On-Site) Anticipated Regulatory Status Wetland A PEM Wetland ±0.05 acre IDEM Wetland B PSS Wetland ±0.24 acre USACE/IDEM Stream 1 Intermittent Stream ±10 lf USACE/IDEM Wetland A did not appear to exhibit a hydrologic connection with any federally jurisdictional “Waters of the U.S.,” and as such both would likely be considered isolated and subject to regulation under the Isolated Wetlands Program, by the IDEM alone. If impacts to isolated wetlands are proposed, the type of permit required will depend on the extent of impacts and on the class of the impacted wetland as verified by IDEM. Wetland A measures under 3/4 acre and is situated within the City of Carmel municipality. According to IC 13-18-22-1(b)(7), a permit is not required for dredge or fill activities in a Class II wetland that “is located within the boundaries of a municipality” and “has an area, as delineated, of not more than three-fourth (3/4) acre.” Therefore, Wetland A would not likely require mitigation by IDEM. Wetland B and Stream 1 would likely be considered jurisdictional and under the regulatory authority of USACE and IDEM. Wetland A appears to have a hydrologic connection to Stream 1, a “Waters of the U.S.” If permanent impacts to the stream are less than 500 lf and 0.25 acre of wetland, the proposed development will likely qualify for a USACE NWP under activity number 29 (Residential Developments), with Section 401 WQC Notification to IDEM. Cumulative permanent impacts to streams greater than 300 lf and less than 500 lf are authorized under the USACE NWP 29, with mitigation likely required. If proposed impacts to jurisdictional wetlands are between 0.1 and 1.0 acre and proposed impacts to streams are between 300 and 1,500 lf, a USACE RGP with Section 401 WQC to IDEM will likely be necessary. Mitigation for impacts to jurisdictional wetlands would likely be required at a ratio of 3:1 for scrub-shrub wetlands and a 1:1 ratio for stream impacts. Online analysis of the Hamilton County General Viewer GIS web resource indicated no county regulated drains mapped within the SITE area. An official species list retrieved from the USFWS IPaC web site indicated that the SITE is within the range of the federally endangered Indiana bat, the federally threatened northern long-eared bat, and the candidate for listing monarch butterfly. V3 observed no potential bat habitat trees on-SITE at the time of the SITE reconnaissance. Correspondence with the IDNR indicated no known records of ETR species within a 0.50-mile radius of the SITE. A review of the digital FIRM data from the National Flood Hazard Zone data for Hamilton County, Indiana indicated no flood zones mapped within the SITE area. 17 If proposed development activities will disturb one or more acres of land, then a Construction Stormwater General Permit may be required. If any impacts to the wetland or streams are proposed, then V3 recommends that the final report and associated figures be submitted to the USACE and IDEM for boundary confirmation.  &ŝŐƵƌĞƐ J:\2022\220192\NR\FIG1loc220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: ³ 220192 NDH 02/14/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 ESRI World Street Map PROJECT LOCATION MAP 146th & Gray Road Property Carmel, Hamilton County, Indiana 1 FIGURE: 1,500 0 1,500 3,000 Feet Legend SITE (Approximate) J:\2022\220192\NR\FIG2nwi220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: PUBGh PEM1C PUBGx PUBGx PUBGx PUBGx PUBGx PEM1C R4SBCx PFO1A PUBGx PUBGx PUBGh PEM1C PUBGx PUBGx PUBGx PUBGx PFO1A PUBGx PUBGx PUBGx PUBGx PUBGx PUBGx PUBGx PUBGx PEM1F PEM1C PUBGx PUBGx PSS1C PUBG PUBGx PUBGh ³ 220192 NDH 02/14/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 USGS Topographic Map Fishers Quadrangle NATIONAL WETLAND INVENTORY MAP (NWI) 146th & Gray Road Property Carmel, Hamilton County, Indiana 2 FIGURE: 500 0 500 1,000 Feet Legend SITE (Approximate) J:\2022\220192\NR\FIG3topo220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: ³ 220192 NDH 02/14/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 USGS Topographic Map Fishers Quadrangle USGS TOPOGRAPHIC MAP FISHERS QUADRANGLE 146th & Gray Road Property Carmel, Hamilton County, Indiana 3 FIGURE: 1,000 0 1,000 2,000 Feet Legend SITE (Approximate) J:\2022\220192\NR\FIG4nfhl220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: ³ 220192 NDH 02/14/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 Aerial Imagery (2020) FLOOD ZONES OF HAMILTON COUNTY, INDIANA 146th & Gray Road Property Carmel, Hamilton County, Indiana 4 FIGURE: 300 0 300 600 Feet Legend SITE (Approximate) Zone AE Zone A Zone AE, Floodway Zone X, 0.2% Annual J:\2022\220192\NR\FIG5soil220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: YbvA YmsB2 YmsB2 YclA MmB2 YmsA YclA YclA YmsC2 YmsC2 YbvA YmsA YmsB2 YclA MmC2 YclA YmsA Br YclA ³ 220192 NDH 02/14/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 Aerial Imagery (2020) SOIL SURVEY OF HAMILTON COUNTY, INDIANA 146th & Gray Road Property Carmel, Hamilton County, Indiana 5 FIGURE: 150 0 150 300 Feet Legend SITE (Approximate) Hydric Soils of Indiana J:\2022\220192\NR\FIG6delin220192.mxd CLIENT: BASE LAYER:DATE: TITLE: SITE: Visio, Vertere, Virtute... "The Vision To Transform with Excellence" 619 N. Pennsylvania Street Indianapolis, IN 46204 317.423.0690 phone www.v3co.com CREATED BY: SCALE: PROJECT NO.: Wetland A ±0.05 ac Wetland B ±0.24 ac Stream 1 ±10 lf Continues Off-Site DP 6 DP 5 DP 4 DP 3 DP 2 DP 1 DP B2 DP B1 DP A2 DP A1 ³ 220192 NDH 02/24/2022 See Scale Bar Schafer Development 2222 West Southport Road Indianapolis, Indiana 46217 Aerial Imagery (2020) WETLAND DELINEATION MAP 146th & Gray Road Property Carmel, Hamilton County, Indiana 6 FIGURE: 80080160 Feet Legend SITE (Approximate) PEM Wetland PSS Wetland Intermittent Stream Data Point dZ^ƉĞĐŝĞƐŽƌƌĞƐƉŽŶĚĞŶĐĞ>ĞƩĞƌƐ  ƉƉĞŶĚŝdž Eric Holcomb, Governor Daniel W. Bortner, Director The DNR mission: Protect, enhance, preserve and wisely use natural, cultural and recreational resources for the benefit of Indiana’s citizens through professional leadership, management and education. www.DNR.IN.gov An Equal Opportunity Employer Division of Nature Preserves 402 W. Washington St., Rm W267 Indianapolis, IN 46204-2739 February 22, 2022 Nathan Houk V3 Companies, Ltd. 619 North Pennsylvania Street Indianapolis, IN 46204 Dear Nathan Houk: I am responding to your request for information on the threatened or endangered (T&E) species, high quality natural communities, and natural areas for the 146th & Gray Road Property located within Hamilton County, Indiana. The Indiana Natural Heritage Data Center has been checked and there are no T&E species or significant areas documented within 0.5 mile of the project area. If you need a general environmental review of the project from DNR, you can submit the project information to Christie Stanifer, DNR Environmental Coordinator, at environmentalreview@dnr.in.gov (preferred) or send to the street address below. For more help or guidance contact Christie Stanifer at cstanifer@dnr.in.gov. Department of Natural Resources Environmental Review Division of Fish and Wildlife 402 W. Washington Street, Room W273 Indianapolis, IN 46204 The information I am providing does not preclude the requirement for further consultation with the U.S. Fish and Wildlife Service as required under Section 7 of the Endangered Species Act of 1973. If you have concerns about potential Endangered Species Act issues you should contact the Service at their Bloomington, Indiana office. U.S. Fish and Wildlife Service 620 South Walker St. Bloomington, Indiana 47403-2121 (812)334-4261 Please note that the Indiana Natural Heritage Data Center relies on the observations of many individuals for our data. In most cases, the information is not the result of comprehensive field surveys conducted at particular sites. Therefore, our statement that there are no documented significant natural features at a site should not be interpreted to mean that the site does not support special plants or animals. Nathan Houk 2 February 22, 2022 Due to the dynamic nature and sensitivity of the data, this information should not be used for any project other than that for which it was originally intended. It may be necessary for you to request updated material from us in order to base your planning decisions on the most current information. Thank you for contacting the Indiana Natural Heritage Data Center. You may reach me at (317)233-2558 you have any questions or need additional information. Sincerely, Taylor Davis Indiana Natural Heritage Data Center Enclosure: Invoice February 14, 2022 United States Department of the Interior FISH AND WILDLIFE SERVICE Indiana Ecological Services Field Office 620 South Walker Street Bloomington, IN 47403-2121 Phone: (812) 334-4261 Fax: (812) 334-4273 http://www.fws.gov/midwest/Endangered/section7/s7process/step1.html In Reply Refer To: Project Code: 2022-0007308 Project Name: 146th & Gray Road Property Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Please use the species list provided and visit the U.S. Fish and Wildlife Serviceµs Region 3 Section 7 Technical Assistance website at - http://www.fws.gov/midwest/endangered/section7/ s7process/index.html. This website contains step-by-step instructions which will help you 02/14/2022 2  determine if your project will have an adverse effect on listed species and will help lead you through the Section 7 process. For all wind energy projects and projects that include installing towers that use guy wires or are over 200 feet in height, please contact this field office directly for assistance, even if no federally listed plants, animals or critical habitat are present within your proposed project or may be affected by your proposed project. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of 02/14/2022 3  Ƒ Ƒ Ƒ Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List Migratory Birds Wetlands 02/14/2022 1  Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Indiana Ecological Services Field Office 620 South Walker Street Bloomington, IN 47403-2121 (812) 334-4261 02/14/2022 2  Project Summary Project Code: 2022-0007308 Event Code: None Project Name: 146th & Gray Road Property Project Type: Residential Construction Project Description: Approximately 14 acres of scrub-shrub land for proposed residential development in Carmel, Hamilton County, Indiana. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@39.998782,-86.0931656966155,14z Counties: Hamilton County, Indiana 02/14/2022 3  1. Ƒ Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Indiana Bat Myotis sodalis There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5949 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: Incidental take of the NLEB is not prohibited here. Federal agencies may consult using the 4(d) rule streamlined process. Transportation projects may consult using the programmatic process. See www.fws.gov/midwest/endangered/mammals/nleb/index.html Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 1 02/14/2022 1  1. 2. 3. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Oct 15 to Aug 31 Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Breeds May 15 to Oct 10 1 2 02/14/2022 2  1. NAME BREEDING SEASON Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Breeds Apr 21 to Jul 20 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 20 to Aug 20 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for 02/14/2022 3  2. 3. no data survey effort breeding season probability of presence that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Black-billed Cuckoo BCC Rangewide (CON) Cerulean Warbler BCC Rangewide (CON) 02/14/2022 4  Ƒ Ƒ Ƒ Kentucky Warbler BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC - BCR Wood Thrush BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. 02/14/2022 5  1. 2. 3. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 02/14/2022 6  Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 02/14/2022 1  Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. 02/14/2022 2  IPaC User Contact Information Name: Nathan Houk Address: 619 North Pennsylvania Street City: Indianapolis State: IN Zip: 46204 Email natehouk@hotmail.com Phone: 3174230690 ^/dWŚŽƚŽŐƌĂƉŚƐ  ƉƉĞŶĚŝdž Photo: 1 Wetland A Emergent Direction of View: South Date: 16 February 2022 Photo: 2 Data Point A2 Direction of View: West Date: 16 February 2022 Photo: 3 Wetland B Scrub-Shrub Direction of View: West Date: 16 February 2022 Photo: 4 Data Point B2 Direction of View: West Date: 16 February 2022 Photo: 5 Stream 1 Intermittent Direction of View: East Date: 16 February 2022 Photo: 6 Data Point 1 Direction of View: East Date: 16 February 2022 Photo: 7 Data Point 2 Direction of View: East Date: 16 February 2022 Photo: 8 Data Point 3 Direction of View: South Date: 16 February 2022 Photo: 9 Data Point 4 Direction of View: East Date: 16 February 2022 Photo: 10 Data Point 5 Direction of View: East Date: 16 February 2022 Photo: 11 Data Point 6 Direction of View: South Date: 16 February 2022 ĂƚĂ&ŽƌŵƐ  ƉƉĞŶĚŝdž WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP A1 Client: State: Section, Township, Range: Landform 0-1 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes X No Yes X No Is the DP within a Wetland? Yes X No Yes X No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.Prevalence Index Worksheet 2. 3.40 x 1 40 4.0x2 0 5.5x3 15 Total Cover 0 x 4 0 Plot size: 5'0x5 0 1.OBL 1 45 55 2.OBL 1 1.22 3.FAC 3 Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.x Dominance Test is >50% 6.x Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-2 10YR 3/2 2-18 10YR 3/2 M XOther Restrictive Layer (if observed):Type: Depth (Inches):Yes No X X X Presence of Reduced Iron (C4) X Thin Muck Surface (C7)X Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) 1" Water Table Present? Yes X No Depth (inches) 0"Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) 0"Yes No Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) X Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) 95 10YR 5/6 5 C SiCL 100 SiCL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks 0 Hydrophytic Vegetation Present? Remarks:x 45 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Carex frankii 20 Y Prevalence Index: Vernonia gigantea 5N Herb Stratum UPL species Typha angustifolia 20 Y Total FAC species 0 FACU species Total % cover of: OBL species FACW species 2 0 Percent of dominant species that are OBL, FACW, or FAC:100.00Shrub Stratum Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:2 Remarks:Meets all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Vegetation or Hydrology naturally problematic PEM Soil Map Unit Name: Miami silt loam, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? Slope (%): 39.999903 -86.092172 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Concave WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP A2 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.Prevalence Index Worksheet 2. 3.0x1 0 4.0x2 0 5.30 x 3 90 Total Cover 65 x 4 260 Plot size: 5'0x5 0 1.FACU 4 95 350 2.FAC 3 3.68 3.FACU 4 Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 10YR 4/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.999896 -86.092237 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:1 2 0 Percent of dominant species that are OBL, FACW, or FAC:50.00Shrub Stratum FAC species 0 FACU species Total % cover of: OBL species FACW species Poa pratensis 30 Y Prevalence Index: Dipsacus fullonum 5N Herb Stratum UPL species Solidago canadensis 60 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 95 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 70 SiCL Fill Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks 30 SiCL Fill Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP B1 Client: State: Section, Township, Range: Landform 0-1 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes X No Yes X No Is the DP within a Wetland? Yes X No Yes X No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.FACW 2 Prevalence Index Worksheet 2.FACW 2 3.FACW 2 0 x 1 0 4.90 x 2 180 5.0x3 0 Total Cover 0 x 4 0 Plot size: 5'0x5 0 1.90 180 2.2.00 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.x Dominance Test is >50% 6.x Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-5 10YR 3/2 5-18 10YR 3/2 M XOther Restrictive Layer (if observed):Type: Depth (Inches):Yes No XX X X Presence of Reduced Iron (C4) X Thin Muck Surface (C7)X Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) 1" Water Table Present? Yes X No Depth (inches) 0"Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) 0"Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Till Plains Local Relief Concave Slope (%): 39.998673 -86.092266 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic PSS Soil Map Unit Name: Brookston silty clay loam-Urban land complex, 0 to 2 percent slopes Climatic/hydrologic conditions typical for time of year? Remarks:Meets all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:1 Acer saccharinum 75 Y Cornus amomum 10 N 1 0 Percent of dominant species that are OBL, FACW, or FAC:100.00Shrub Stratum FAC species 90 FACU species Total % cover of: Ulmus americana 5 N OBL species FACW species Prevalence Index: Herb Stratum UPL species Total 0 Hydrophytic Vegetation Present? Remarks:x 0 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiCL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks 95 10YR 5/6 5 C SiCL Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP B2 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1.FACU 4 2.UPL 5 3. 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2.FACW 2 3.FACW 2 0 x 1 0 4.FACW 2 35 x 2 70 5.20 x 3 60 Total Cover 30 x 4 120 Plot size: 5'30 x 5 150 1.FACU 4 115 400 2.FAC 3 3.48 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.998748 -86.092258 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Prunus avium 10 Y Dominance Test Worksheet Pyrus calleryana 10 Y Number of dominant species that are OBL, FACW, or FAC:2 Lonicera maackii 20 Y Ulmus americana 20 Y 6 20 Percent of dominant species that are OBL, FACW, or FAC:33.33Shrub Stratum FAC species 55 FACU species Total % cover of: Acer saccharinum 10 N OBL species Cornus amomum 5 N FACW species Poa pratensis 20 Y Prevalence Index: Herb Stratum UPL species Solidago canadensis 20 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 40 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiCL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 1 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2.FACU 4 3.FACW 2 0 x 1 0 4.FACU 4 5 x 2 10 5.FACU 4 60 x 3 180 Total Cover 45 x 4 180 Plot size: 5'30 x 5 150 1.FAC 3 140 520 2.FACU 4 3.71 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 4/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.998748 -86.092258 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam-Urban land complex, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:1 Pyrus calleryana 30 Y Rubus allegheniensis 15 Y 4 0 Percent of dominant species that are OBL, FACW, or FAC:25.00Shrub Stratum Rosa multiflora 5 N FAC species 60 FACU species Total % cover of: Acer saccharinum 5 N OBL species Juniperus virginiana 5 N FACW species Solidago canadensis 20 Y Prevalence Index: Herb Stratum UPL species Poa pratensis 60 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 80 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiCL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 2 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.Prevalence Index Worksheet 2. 3.0x1 0 4.0x2 0 5.5x3 15 Total Cover 90 x 4 360 Plot size: 5'0x5 0 1.FACU 4 95 375 2.FACU 4 3.95 3.FACU 4 Hydrophytic Vegetation Indicators: 4.FAC 3 Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.997861 -86.093553 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam-Urban land complex, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:0 3 0 Percent of dominant species that are OBL, FACW, or FAC:0.00Shrub Stratum FAC species 0 FACU species Total % cover of: OBL species FACW species Dipsacus fullonum 20 Y Prevalence Index: Lepidium virginicum 20 Y Herb Stratum UPL species Solidago canadensis 50 Y Total Geum canadense 5N 0 Hydrophytic Vegetation Present? Remarks:x 95 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 3 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2.FACW 2 3.FACW 2 0 x 1 0 4.FAC 3 40 x 2 80 5.FACU 4 35 x 3 105 Total Cover 55 x 4 220 Plot size: 5'30 x 5 150 1.FACU 4 160 555 2.FAC 3 3.47 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.998621 -86.092991 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam-Urban land complex, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:2 Pyrus calleryana 30 Y Acer saccharinum 30 Y 4 0 Percent of dominant species that are OBL, FACW, or FAC:50.00Shrub Stratum Juniperus virginiana 5 N FAC species 80 FACU species Total % cover of: Cornus amomum 10 N OBL species Populus deltoides 5 N FACW species Poa pratensis 30 Y Prevalence Index: Herb Stratum UPL species Solidago canadensis 50 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 80 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 4 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1.FACU 4 2.FACU 4 3. 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2. 3.0x1 0 4.0x2 0 5.50 x 3 150 Total Cover 120 x 4 480 Plot size: 5'40 x 5 200 1.FAC 3 210 830 2.FACU 4 3.95 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.998703 -86.093916 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam-Urban land complex, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Pseudotsuga menziesii 50 Y Dominance Test Worksheet Pinus strobus 40 Y Number of dominant species that are OBL, FACW, or FAC:1 Lonicera maackii 40 Y 5 90 Percent of dominant species that are OBL, FACW, or FAC:20.00Shrub Stratum FAC species 40 FACU species Total % cover of: OBL species FACW species Festuca rubra 30 Y Prevalence Index: Herb Stratum UPL species Poa pratensis 50 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 80 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 5 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1.FACU 4 2.UPL 5 3.FAC 3 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2.FAC 3 3.FACU 4 0 x 1 0 4.0x2 0 5.20 x 3 60 Total Cover 40 x 4 160 Plot size: 5'65 x 5 325 1.FAC 3 125 545 2.UPL 5 4.36 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.999540 -86.092891 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? 5N Total number of dominant species across all strata: Fraxinus americana 30 Y Dominance Test Worksheet Pyrus calleryana 30 Y Number of dominant species that are OBL, FACW, or FAC:2Ulmus rubra Lonicera maackii 30 Y Cornus racemosa 10 Y 7 65 Percent of dominant species that are OBL, FACW, or FAC:28.57Shrub Stratum FAC species 50 FACU species Total % cover of: Juglans nigra 10 Y OBL species FACW species Carex pensylvanica 5 Y Prevalence Index: Herb Stratum UPL species Geum canadense 5Y Total 0 Hydrophytic Vegetation Present? Remarks:x 10 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiCL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) WETLAND DETERMINATION FORM-MIDWEST REGION Site: City/County: Date: Data Point: DP 6 Client: State: Section, Township, Range: Landform 2-3 Lat. Long. Datum Y/N Y , Soil , Soil Are Normal Circumstances Present? X Yes No X Yes No X Is the DP within a Wetland? Yes No X Yes No Plot size: 30' 1. 2. 3. 4. 5. Total Cover Plot size: 15' 1.UPL 5 Prevalence Index Worksheet 2. 3.0x1 0 4.0x2 0 5.70 x 3 210 Total Cover 20 x 4 80 Plot size: 5'75 x 5 375 1.FAC 3 165 665 2.FACU 4 4.03 3.Hydrophytic Vegetation Indicators: 4.Rapid Test for Hydrophytic Veg. 5.Dominance Test is >50% 6.Prevalence Index is <3.0* 7.Morphological Adaptations* 8.Problematic Hydrophytic Vegetation* Total Cover Woody Vine Stratum Plot size: 5' 1. 2. Total Cover Yes No SOIL Depth (inches)Color Loc** 0-18 10YR 3/2 Other Restrictive Layer (if observed):Type: Depth (Inches):Yes No Presence of Reduced Iron (C4) Thin Muck Surface (C7) Guage or Well Data (D9) Field Observations:Surface Water Present? Yes X No Depth (inches) Water Table Present? Yes X No Depth (inches) Hydroloy Indicators Present? Saturation Present? Yes X No Depth (inches) Yes No 146th and Gray Road Property Hamilton 16 Feb 2022 Schafer Development IN Sec 20, T 18N, R 4E Investigator(s): N. Houk Moraines Local Relief Convex Slope (%): 39.999845 -86.093468 NAD 83 NWI Class: Vegetation or Hydrology significantly disturbed Vegetation or Hydrology naturally problematic N/A Soil Map Unit Name: Miami silt loam-Urban land complex, 2 to 6 percent slopes Climatic/hydrologic conditions typical for time of year? X Remarks:Does not meet all wetland criteria VEGETATION Tree Stratum Absolute % Cover Dominant Species Indicator Status Yes No SUMMARY OF FINDINGS Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Total number of dominant species across all strata: Dominance Test WorksheetNumber of dominant species that are OBL, FACW, or FAC:1 Pyrus calleryana 75 Y 3 0 Percent of dominant species that are OBL, FACW, or FAC:33.33Shrub Stratum FAC species 75 FACU species Total % cover of: OBL species FACW species Solidago canadensis 20 Y Prevalence Index: Herb Stratum UPL species Poa pratensis 70 Y Total 0 Hydrophytic Vegetation Present? Remarks:x 90 *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 100 SiL Profile Description: (Describe to depth needed to document the indicator or confirm absence of indicators.) Matrix Redox Features % Color % Type* Texture Remarks Black Histic (A3) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Hydrogen Sulfide (A4) Sandy Redox (S5)Indicators for Problematic Hydric Soils *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Coated Sand grains **Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Histosol (A1) Sandy Mucky Mineral (S1) Redox Dark Surface (F6) Histic Epipedon (A2) 5cm Mucky Peat or Peat Depleted Dark Surface (F7) Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (F12) Thick Dark Surface (A12) Depleted Matrix (F3) Stratified Layers (A5) Stripped Matrix (S6) Coast Prairie Redox (A16) 2 cm Muck (A10) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (check all that apply) Secondary Indicators Surface Water (A1) Water Stained Leaves (B9) Surface Soil Cracks (B6) Hydric Soil Present? X Remarks: Water Marks (B1) Hydrogen Sulfide Odor (C1) Crayfish Burrows (C8) Sediment Deposits (B2)Oxidized Rhizospheres on Living Roots Saturation Visible on Aerial Imagery (C9) High Water Table (A2) Aquatic Fauna (B13) Drainage Patterns (B10) Saturation (A3) True Aquatic Plants (B14) Dry-Season Water Table (C2) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface Other X Describe Recorded Data (stream guage, monitoring well, aerial photos, previous inspections), if available: Drift Deposits (B3)Stunted or Stressed Plants (D1) Algal Mat or Crust (B4)Recent Iron Reduction in Tilled Soil (C6)Geomorphic Position (D2) Iron Deposits (B5)FAC-Neutral Test (D5) 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 Section 401 Water Quality Certification IDEM Number: 2024-635-29-ENH-WQC USACE Number: LRL-2024-00289-jde Project Name: 146th & Gray Road Development Authority: 327 IAC 2. CWA Sections: 301, 302, 303, 306, 307, & 401 Date of Issuance: September 16, 2024 Impacts must be completed by: September 16, 2026 Approved: __________________________________ Amari Farren, Branch Chief Surface Water and Operations Office of Water Quality Applicant / Permittee: Pulte Homes of Indiana, LLC Attention: Joseph Marx 11595 North Meridian Street, Suite 700 Carmel, IN 46032 Agent: V3 Companies, Ltd. Attention: Landon Vine 619 N Pennsylvania Street Indianapolis, IN 46204 Project Location: Hamilton County Latitude 39.998823, Longitude -86.093217 4411 E 146th St, Carmel, IN 46033 IDEM No. 2024-655-29-ENH-WQC Page 2 Project Description: Construction of a residential subdivision, involving the placement of 194 cubic yards of clean earthen fill into 0.24 acre of palustrine scrub-shrub federally jurisdictional wetland and 2 cubic yards of clean earthen fill into 10 linear feet of an intermittent stream. 40 cubic yards of clean earthen fill will also be placed into 0.05 acre of Class I exempt emergent isolated wetland. Proposed mitigation is the purchase of 0.86 acre of scrub shrub wetland credits and 12 linear feet of intermittent stream credits from the Indiana Stream and Wetland Mitigation Program (INSWMP)in the Upper White Service Area. Authorized Impacts STREAM IMPACT(S) Length of Impact (linear feet) Type of Impact: Ephemeral Intermittent Perennial Clean Earthen Fill 10 WETLAND IMPACT(S) Area of Impact (acres) Type of Impact: Open Water Emergent Scrub/Shrub Forested Clean Earthen Fill 0.24 Project Mitigation MITIGATION BANKS AND IN LIEU FEE Stream (Linear Feet) Type of Purchase Ephemeral Intermittent Perennial In Lieu Fee Credits: 12 MITIGATION BANKS AND IN LIEU FEE Wetland (Acres) Type of Purchase Emergent Scrub/Shrub Forested In Lieu Fee Credits: 0.86 Mitigation Location: Upper White Service Area Application Signed: August 15, 2024 Application Received: August 16, 2024 IDEM No. 2024-655-29-ENH-WQC Page 3 Application Amendments Received: August 28, 2024 • Mitigation plan revised to reflect USACE 2008 Mitigation Rule hierarchy. Based on available information, it is the judgment of this office that the impacts from the proposed project as outlined by this Section 401 Water Quality Certification and described in your application will comply with the applicable provisions of 327 IAC 2 and Sections 301, 302, 303, 306, and 307 of the Clean Water Act if you comply with the conditions set forth below. Therefore, subject to the following conditions, the Indiana Department of Environmental Management (IDEM) hereby grants Section 401 Water Quality Certification for the project described in your application. Any changes in project design or scope not detailed in the application described above or modified by this Section 401 Water Quality Certification are not authorized. Failure to comply with the terms and conditions of this Section 401 Water Quality Certification may result in enforcement action against you. If an enforcement action is pursued, you could be assessed up to $25,000 per day in civil penalties. You may also be subject to criminal liability if it is determined that the Section 401 Water Quality Certification was violated willfully or negligently. Conditions of the Section 401 Water Quality Certification 1.0 General (a) Implement the project as depicted and described in the application for Section 401 Water Quality Certification as modified by the conditions of this certification. (b) Per 33 CFR 325.6(c), 327 IAC 5-2-6, IC 13-15-3-2 the federal license shall have an established timeframe. Therefore, all approved discharges must be completed within the term of the valid federal permit. (c) Per IC 13-14-2-2, the department may inspect public or private property to inspect for and investigate possible violations of environmental management laws. Therefore, the commissioner or an authorized representative of the commissioner (including an authorized contractor), upon the presentation of credentials must be allowed: (1) to enter your property, including impact and mitigation site(s); (2) to have access to and copy at reasonable times any records that must be kept under the conditions of this certification; (3) to inspect, at reasonable times, any monitoring or operational equipment or method; collection, treatment, pollution management or discharge IDEM No. 2024-655-29-ENH-WQC Page 4 facility or device; practices required by this certification; and any mitigation wetland site; (4) to sample or monitor any discharge of pollutants or any mitigation site. 2.0 Mitigation Per 327 IAC 2, the goal of Indiana’s water quality standards is to restore and maintain the chemical, physical and biological integrity of the state’s waters. Mitigation of dredge and fill impacts to Indiana’s water resources is required to maintain water quality. (a) Per 40 CFR 230.91; 33 CFR 332.3; 327 IAC 2-1; 327 IAC 2-1.5, implementation of the submitted and approved mitigation plan is to ensure the water quality functions of the impacted waters are replaced, preventing a reduction in water quality. Therefore, implement the mitigation plan as described in the application (referred to collectively hereinafter as the “mitigation plan”), and as modified by the conditions of this certification. (b) Per 33 CFR 332.3 (f); 327 IAC 2-1; 327 IAC 2-1.5, the amount of mitigation required must be listed within the permit. (1) Provide to IDEM proof of the purchase of 0.86 acre of in lieu fee wetland credits and 12 linear feet of in lieu fee stream credits in the Upper White Service Area from the Indiana Stream and Wetland Mitigation Program (IN SWMP): (A) Within one (1) year of the date of this authorization; (B) Before authorized impacts to waters of the State. Be aware that credits may not be available at all times. Failure to purchase credits by the required date may result in additional mitigation requirements to compensate for temporal loss. 3.0 Erosion and Sediment Control Per 40 CFR 122.26, 327 IAC 15; 327 IAC 2-1; 327 IAC 2-1.5, the use of appropriate stormwater control measures and maintenance thereof will prevent any sediment laden water from migrating off site and entering waterways and wetlands, potentially impairing water quality. Therefore, the following erosion and sediment control steps must be completed. (a) Implement erosion and sediment control measures on the construction site prior to land disturbance to minimize soil from leaving the site or entering a waterbody. Erosion and sediment control measures shall be implemented using an appropriate order of construction (sequencing) relative to the land- IDEM No. 2024-655-29-ENH-WQC Page 5 disturbing activities associated with the project. Appropriate measures include, but are not limited to, silt fence, diversions, and sediment traps. (b) Monitor and maintain erosion control measures and devices regularly, especially after rain events, until all soils disturbed by construction activities have been permanently stabilized. (c) Use run-off control measures, including but not limited to diversions and slope drains. These measures are effective for directing and managing run-off to sediment control measures and for preventing direct run-off into waterbodies. (d) Install and make appropriate modifications to erosion and sediment control measures based on current site conditions as construction progresses on the site. The Indiana Storm Water Quality Manual or similar guidance documents are available to assist in the selection of measures that are applicable to individual project sites. (e) Implement appropriate erosion and sediment control measures for all temporary run-arounds, cofferdams, temporary causeways, temporary crossings, or other such structures that are to be constructed within any waters of the state. Minimize disturbance to riparian areas when constructing these structures. Structures must be included in reviewed designs or approved by IDEM prior to use. Construct temporary run-arounds, temporary cofferdams, temporary causeways, temporary crossings, or other such structures of non- erodible materials. Temporary crossings and causeways must be completely removed upon completion of the project and the affected area restored to pre- construction contours, grades, and vegetative conditions. (f) Install stream pump-around operations in accordance with the plans and ensure in-stream component is constructed of non-sediment producing materials. The discharge at the outlet shall not cause erosion of the stream bottom and banks. (g) Direct cofferdam dewatering activities to an appropriate sediment control measure or a combination of measures prior to discharging into a water of the state to minimize the discharge of sediment-laden water. (h) Ensure cut and fill slopes located adjacent to wetlands and streams (including encapsulated streams) or that directly discharge to these aquatic features are stabilized using rapid/incremental seeding or other appropriate stabilization measures. (i) Stabilize and re-vegetate disturbed soils as final grades are achieved. Initiation of stabilization must occur immediately or, at a minimum, within the requirements of a construction site run-off permit after work is completed. Use a mixture of herbaceous species beneficial for wildlife or an emergent wetland IDEM No. 2024-655-29-ENH-WQC Page 6 seed mix wherever possible and appropriate. Tall fescue may only be planted in ditch bottoms and ditch side slopes and must be a low endophyte seed mix. Stabilize the channel before releasing stream flows into the channel. (j) As work progresses, re-vegetate areas void of protective ground cover. Areas that are to be re-vegetated shall use seeding and anchored mulch. If alternative methods are required to ensure stabilization, erosion control blankets may be used that are biodegradable, that use loose-woven/leno- woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles (follow manufacturer’s recommendations for selection and installation). (k) Anchor mulch. Anchoring shall be appropriate for the site characteristics such as slope, slope length, and concentrated flows. Anchoring methods may not include loose netting over straw, but can range from crimping of straw, erosion control blankets as specified above that minimize wildlife entrapment, or net free blankets. Tackifiers with mulch and hydro-mulch are acceptable and shall be applied to the manufacturer specifications. 4.0 Construction Per 327 IAC 2-1-6(b)(4) the protection of existing uses for aquatic life is required and, per 327 IAC 2-1.3-2 (4) the utilization of best management practices helps ensure the protection of existing uses. Therefore, the following best management practices are required. (a) Avoid in stream channel work during the fish spawning season (April 1 through June 30). (b) Clearly mark wetlands and streams that are to remain undisturbed on the project site. (c) Restrict channel work and vegetation clearing to the minimum necessary for the installation of any structures. Work from only one side of the stream, and, where possible, from the side of the stream which does not have adjacent wetlands. If no wetlands are present, work from the side with the fewest trees and woody vegetation. (d) Ensure permanent in-stream structures, including but not limited to culverts and other stream encapsulations, are embedded and sized appropriately so as not to impede surface flows or create abnormal impediments to aquatic life. (e) Deposit any dredged material in a contained upland (non-wetland) disposal area to prevent sediment run-off to any waterbody. IDEM No. 2024-655-29-ENH-WQC Page 7 (f) Create temporary structures constructed in streams such that near normal stream flows are maintained. (327 IAC definitions Stream Design Flow) (g) Install riprap and other bank stabilization materials so they are flush with the upstream and downstream bank and stream channel bed elevations and grades. (h) Maintain flow and connectivity between upstream and downstream waters of the State throughout duration of the project. (i) Stream flow must be pumped around or rerouted around work areas. (j) Channels must be stabilized before being energized and before allowing stream flow through the channels. Other Applicable Permits Based on the proposed land disturbance, a construction stormwater general permit is required for the project. Permit coverage must be obtained prior to the initiation of land- disturbing activities. Information related to obtaining permit coverage is available at www.in.gov/idem/stormwater or by contacting the IDEM, Stormwater Program at 317- 233-1864 or via email at Stormwat@idem.IN.gov. This certification does not relieve you of the responsibility of obtaining any other permits or authorizations that may be required for this project or related activities from IDEM or any other agency or person. You may wish to contact the Indiana Department of Natural Resources at 317-232-4160 (toll free at 877-928-3755) concerning the possible requirement of natural freshwater lake or floodway permits. This certification does not: (1) Authorize impacts or activities outside the scope of this certification; (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. Notice of Right to Administrative Review (Permits) If you wish to challenge this permit, you must file a Petition for Administrative Review with the Indiana Office of Administrative Law Proceedings (OALP) and serve a copy of the petition upon IDEM. The requirements for filing a Petition for Administrative Review are IDEM No. 2024-655-29-ENH-WQC Page 8 found in IC 4-21.5-3-7, IC 13-15-6-1 and 315 IAC 1-3-2. A summary of the requirements of these laws is provided below. A Petition for Administrative Review must be filed with the Indiana Office of Administrative Law Proceedings (OALP) within fifteen (15) days of the issuance of this notice (eighteen (18) days if you received this notice by U.S. Mail), and a copy must be served upon IDEM. Addresses are: Director Office of Administrative Law Proceedings Indiana Government Center North 100 North Senate Avenue, Room N802 Indianapolis, Indiana 46204 Commissioner Indiana Dept. of Environmental Management Indiana Government Center North 100 North Senate Avenue, Room 1301 Indianapolis, Indiana 46204 The petition must contain the following information: (a) The name, address and telephone number of each petitioner. (b) A description of each petitioner’s interest in the permit. (c) A statement of facts demonstrating that each petitioner is: (1) a person to whom the order is directed; (2) aggrieved or adversely affected by the permit; or (3) entitled to administrative review under any law. (d) The reasons for the request for administrative review. (e) The particular legal issues proposed for review. (f) The alleged environmental concerns or technical deficiencies of the permit. (g) The permit terms and conditions that the petitioner believes would be appropriate and would comply with the law. (h) The identity of any persons represented by the petitioner. (i) The identity of the person against whom administrative review is sought. (j) A copy of the permit that is the basis of the petition. (k) A statement identifying petitioner’s attorney or other representative, if any. Failure to meet the requirements of the law with respect to a Petition for Administrative Review may result in a waiver of your right to seek administrative review of the permit. Examples are: (a) Failure to file a Petition by the applicable deadline; (b) Failure to serve a copy of the Petition upon IDEM when it is filed; or (c) Failure to include the information required by law. If you seek to have a permit stayed during the administrative review, you may need to file a Petition for a Stay of Effectiveness. The specific requirements for such a Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1. Pursuant to IC 4-21.5-3-17, OALP will provide all parties with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of IDEM No. 2024-655-29-ENH-WQC Page 9 this action. If you are entitled to notice under IC 4-21.5-3-5(b) and would like to obtain notices of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action without intervening in the proceeding you must submit a written request to OALP at the address above. For additional information on filing a petition with OALP, visit their website at https://www.in.gov/oalp/. If you have any questions about this certification, please contact Emersyn Harriman, Project Manager, by email at EHarrima@IDEM.IN.Gov or by phone at 317-409-7580. cc: Justin Eshelman, USACE – Indianapolis Regulatory Office U.S. Fish & Wildlife Service – IndianaFO@fws.gov Kent Hanauer, IDNR – khanauer@dnr.IN.gov Indiana Stream and Wetland Mitigation Program – INSWMP-Inquiry@dnr.IN.gov Joseph Marx, Pulte Homes of Indiana, LLC 1 Koone, Josh From:Koone, Josh Sent:Tuesday, July 30, 2024 2:02 PM To:Koone, Josh Subject:FW: Gray Oaks Drainage Report From: Jordan, Alex <ajordan@carmel.in.gov> Sent: Monday, July 22, 2024 12:58 PM To: Timko, Mike <Mike.Timko@kimley-horn.com>; Thomas, John G <jthomas@carmel.in.gov> Cc: Rex Ramage <Rex.Ramage@PulteGroup.com>; Willie Hall <whall@crossroadengineers.com>; Justen Hochstetler <jhochstetler@crossroadengineers.com> Subject: RE: Gray Oaks Drainage Report Mike, Sorry for the delay in getting back with you. John is out on vacation this week as well but we were able to get out on site on July 10th and see what it looked like. After walking through the area, we would not recommend a direct discharge into the stream where it starts at property line as we are concerned it will lead to erosion. The two options the City Engineer has requested you look into are below: 1. You can investigate taking a pipe through the woods on the other property to discharge to a spot where the stream channel is stable. From our walk through, it appears that the stream branches off and creates a defined channel where I have marked in yellow below. 2. You can tie into Gray Oaks at a release rate that does not exceed the existing release rate to the basin that currently goes to Gray Oaks. In this case, we would count the direct discharge from the tree preservation against the release rate. Please let me know if you have any questions about this or if we will need to discuss further. Sincerely, Alex Jordan, CPESC Plan Review Coordinator City of Carmel Engineering Department (317) 571-2305 ajordan@carmel.in.gov 2 From: Timko, Mike <Mike.Timko@kimley-horn.com> Sent: Monday, July 22, 2024 8:03 AM To: Thomas, John G <jthomas@carmel.in.gov>; Jordan, Alex <ajordan@carmel.in.gov> Cc: Rex Ramage <Rex.Ramage@PulteGroup.com> Subject: RE: Gray Oaks Drainage Report Good morning John, Hope you enjoyed the vacation time. Were you able to make it out to the site before leaving for vacation? If not, can we plan to meet out there early this week? Thanks, Mike Mike Timko, P.E. Kimley-Horn | 500 East 96th Street, Suite 300, Indianapolis, IN 46240 Direct: 317-218-9566 | Mobile: 317-753-2412 From: Timko, Mike Sent: Tuesday, July 16, 2024 6:34 AM To: Thomas, John G <jthomas@carmel.in.gov>; Jordan, Alex <ajordan@carmel.in.gov> Cc: Rex Ramage <Rex.Ramage@PulteGroup.com> Subject: RE: Gray Oaks Drainage Report Alex, Do you know if John got a chance to visit the site last week like we had discussed on our call on Tuesday? We never saw or heard anything from him. Thanks, Mike Mike Timko, P.E. Kimley-Horn | 500 East 96th Street, Suite 300, Indianapolis, IN 46240 Direct: 317-218-9566 | Mobile: 317-753-2412 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, LOUISVILLE DISTRICT INDIANAPOLIS REGULATORY OFFICE 8902 OTIS AVENUE, SUITE S106B INDIANAPOLIS, IN 46216 June 11, 2024 Regulatory Division North Branch ID No. LRL-2024-00289-jde Mr. Nathan Houk V3 Companies 619 North Pennsylvania Street Indianapolis, IN 46204 Dear Mr. Houk: This letter is in regard to the correspondence dated April 4, 2024, requesting an Approved Jurisdictional Determination (AJD) on behalf of Pulte Homes of Indiana for a 14-Acre review area located at 39.9988, -86.0931 near Carmel, Hamilton County, Indiana. A location map of the review area is enclosed. The site was reviewed pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899. Section 404 of the CWA requires that a Department of the Army (DA) permit be obtained for the placement or discharge of dredged and/or fill material into “waters of the United States (U.S.),” including wetlands, prior to conducting the work (33 U.S.C. 1344). Section 10 of the Rivers and Harbors Act of 1899 requires that a DA Permit be obtained for structures or work in or affecting navigable “waters of the U.S.,” prior to conducting the work (33 U.S.C. 403). Based on the information provided to this office, the site contains Wetland A which is not considered to be a “water of the U.S.” and is 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, Office of Water Quality at WetlandsProgram@idem.in.gov to determine the applicability of state law to your project. This letter contains an AJD for the aforementioned site. If you object to the AJD, you may request an administrative appeal under Corps regulations at 33 C.F.R. 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 the AJD, you must submit a completed RFA form to the Lakes and Rivers Division Office at the address listed on the enclosed NAP RFA form. 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 August 10, 2024. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. This jurisdictional determination is valid for a period of five years from the date of this letter unless new information warrants revision of the determination before the expiration date. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center prior to starting work. If you have any questions, please contact us by writing to the above address, or contact me directly at 317-543-9424 or Justin.D.Eshelman@usace.army.mil. Any correspondence on this matter should refer to our ID Number LRL-2024-00289-jde. A copy of this letter will be furnished to your authorized agent. Sincerely, Justin D. Eshelman Project Manager Indianapolis Regulatory Office Enclosures Copy Furnished: IDEM (Wrin) -???15?6KDSHILOH?),*GHOLQP[G CLIENT: BASE LAYER:DATE: TITLE: SITE: 9LVLR9HUWHUH9LUWXWH "The Vision To Transform with Excellence" 13HQQV\OYDQLD6WUHHW ,QGLDQDSROLV,1 SKRQH ZZZYFRFRP CREATED BY: SCALE: PROJECT NO.: :HWODQG$ DF :HWODQG% DF 6WUHDP OI &RQWLQXHV2II6LWH '3 '3 '3 '3 '3'3 '3% '3% '3$ '3$ ³  1'+  6HH6FDOH%DU 3XOWH+RPHVRI,QGLDQD 10HULGLDQ6WUHHW &DUPHO,QGLDQD $HULDO,PDJHU\  :(7/$1'$1'675($0 '(/,1($7,210$3 WK *UD\5RDG3URSHUW\ &DUPHO+DPLOWRQ&RXQW\,QGLDQD  FIGURE:     )HHW /HJHQG 6,7( $SSUR[LPDWH (PHUJHQW:HWODQG 6FUXE6KUXE:HWODQG ,QWHUPLWWHQW6WUHDP 'DWD3RLQW -1- NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Pulte Homes of Indiana File Number: LRL-2024-289 Date: 06/11/2024 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL WITHOUT PREJUDICE C PERMIT DENIAL WITH PREJUDICE D X APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil- Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Stand ard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your lett er, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issue d as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to t he division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -2- C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Ar my permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the d ate of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division e ngineer within 60 days of the date of this notice. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the d ivision engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you may contact: Justin Eshelman U.S. Army Corps of Engineers – Louisville District Indianapolis Regulatory Office 8902 Otis Avenue, S106B Indianapolis, IN 46216 Office Phone: 317-543-9424 e-mail: Justin.D.Eshelman@usace.army.mil If you have questions regarding the appeal process, or to submit your request for appeal, you may contact: Katherine A. McCafferty Regulatory Administrative Appeals Officer U.S. Army Corps of Engineers, Great Lakes and Ohio River Division 550 Main Street, Room 10780 Cincinnati, Ohio 45202-3222 Office Phone: 513-684-2699, FAX: 513-684-2460 e-mail: katherine.a.mccafferty@usace.army.mil -3- SECTION II – REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. _______________________________ Signature of appellant or agent. Date: Email address of appellant and/or agent: Telephone number: DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, LOUISVILLE DISTRICT INDIANAPOLIS REGULATORY OFFICE 8902 OTIS AVENUE, SUITE S106B INDIANAPOLIS, IN 46216 CELRL - RDN June 11, 2024 MEMORANDUM FOR RECORD SUBJECT: US Army Corps of Engineers (Corps) Pre-2015 Regulatory Regime Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023) ,1 LRL-2024-00289-jde. BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel. AJDs are clearly designated appealable actions and will include a basis of JD with the document.2 AJDs are case-specific and are typically made in response to a request. AJDs are valid for a period of five years unless new information warrants revision of the determination before the expiration date or a District Engineer has identified, after public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re-verification on a more frequent basis.3 For the purposes of this AJD, we have relied on section 10 of the Rivers and Harbors Act of 1899 (RHA),4 the Clean Water Act (CWA) implementing regulations published by the Department of the Army in 1986 and amended in 1993 (references 2.a. and 2.b. respectively), the 2008 Rapanos-Carabell guidance (reference 2.c.), and other applicable guidance, relevant case law and longstanding practice, (collectively the pre- 2015 regulatory regime), and the Sackett decision (reference 2.d.) in evaluating jurisdiction. This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps AJD as defined in 33 CFR §331.2. The features addressed in this AJD were evaluated consistent with the definition of “waters of the United States” found in the pre-2015 regulatory regime and consistent with the Supreme Court's decision in Sackett. This AJD did not rely on the 2023 “Revised Definition of ‘Waters of the United States,’” as amended on 8 September 2023 (Amended 2023 Rule) because, as of the date of this decision, the Amended 2023 Rule is not applicable in Indiana due to litigation. 1 While the Supreme Court’s decision in Sackett had no effect on some categories of waters covered under the CWA, and no effect on any waters covered under RHA, all categories are included in this Memorandum for Record for efficiency. 2 33 CFR 331.2. 3 Regulatory Guidance Letter 05-02. 4 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10. CELRL - RDN SUBJECT: Pre-2015 Regulatory Regime Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), LRL-2024-00289-jde. 2 1. SUMMARY OF CONCLUSIONS. a. Provide a list of each individual feature within the review area and the jurisdictional status of each one (i.e., identify whether each feature is/is not a water of the United States and/or a navigable water of the United States). i. Wetland A is not a water of the U.S. or a navigable water of the U.S. 2. REFERENCES. a. Final Rule for Regulatory Programs of the Corps of Engineers, 51 FR 41206 (November 13, 1986). b. Clean Water Act Regulatory Programs, 58 FR 45008 (August 25, 1993). c. U.S. EPA & U.S. Army Corps of Engineers, Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States (December 2, 2008) d. Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) 3. REVIEW AREA. A 14-acre review area located at 39.9988, -86.0931 near Carmel, Hamilton County, Indiana. See attached AJD Map. 4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), INTERSTATE WATER, OR THE TERRITORIAL SEAS TO WHICH THE AQUATIC RESOURCE IS CONNECTED. N/A. the subject aquatic resource is not connected to a TNW, interstate water, or the territorial seas. 5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, INTERSTATE WATER, OR THE TERRITORIAL SEAS. N/A. The subject aquatic resources do not flow to a TNW, interstate water, or the territorial seas. 6. SECTION 10 JURISDICTIONAL WATERS5: Describe aquatic resources or other features within the review area determined to be jurisdictional in accordance with Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic 5 33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as “navigable in law” even though it is not presently used for commerce, or is presently incapable of such use because of changed conditions or the presence of obstructions. CELRL - RDN SUBJECT: Pre-2015 Regulatory Regime Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), LRL-2024-00289-jde. 3 resource or other feature within the review area and how it was determined to be jurisdictional in accordance with Section 10.6 N/A 7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within the review area that were found to meet the definition of waters of the United States in accordance with the pre-2015 regulatory regime and consistent with the Supreme Court’s decision in Sackett. List each aquatic resource separately, by name, consistent with the naming convention used in section 1, above. Include a rationale for each aquatic resource, supporting that the aquatic resource meets the relevant category of “waters of the United States” in the pre-2015 regulatory regime. The rationale should also include a written description of, or reference to a map in the administrative record that shows, the lateral limits of jurisdiction for each aquatic resource, including how that limit was determined, and incorporate relevant references used. Include the size of each aquatic resource in acres or linear feet and attach and reference related figures as needed. a. TNWs (a)(1): N/A b. Interstate Waters (a)(2): N/A c. Other Waters (a)(3): N/A d. Impoundments (a)(4): N/A e. Tributaries (a)(5): N/A f. The territorial seas (a)(6): N/A g. Adjacent wetlands (a)(7): N/A 8. NON-JURISDICTIONAL AQUATIC RESOURCES AND FEATURES a. Describe aquatic resources and other features within the review area identified as “generally non-jurisdictional” in the preamble to the 1986 regulations (referred to as “preamble waters”).7 Include size of the aquatic resource or feature within the review area and describe how it was determined to be non-jurisdictional under the CWA as a preamble water. N/A 6 This MFR is not to be used to make a report of findings to support a determination that the water is a navigable water of the United States. The district must follow the procedures outlined in 33 CFR part 329.14 to make a determination that water is a navigable water of the United States subject to Section 10 of the RHA. 7 51 FR 41217, November 13, 1986. CELRL - RDN SUBJECT: Pre-2015 Regulatory Regime Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), LRL-2024-00289-jde. 4 b. Describe aquatic resources and features within the review area identified as “generally not jurisdictional” in the Rapanos guidance. Include size of the aquatic resource or feature within the review area and describe how it was determined to be non-jurisdictional under the CWA based on the criteria listed in the guidance. N/A c. Describe aquatic resources and features identified within the review area as waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA. Include the size of the waste treatment system within the review area and describe how it was determined to be a waste treatment system. N/A d. Describe aquatic resources and features within the review area determined to be prior converted cropland in accordance with the 1993 regulations (reference 2.b.). Include the size of the aquatic resource or feature within the review area and describe how it was determined to be prior converted cropland. N/A e. Describe aquatic resources (i.e. lakes and ponds) within the review area, which do not have a nexus to interstate or foreign commerce, and prior to the January 2001 Supreme Court decision in “SWANCC,” would have been jurisdictional based solely on the “Migratory Bird Rule.” Include the size of the aquatic resource or feature, and how it was determined to be an “isolated water” in accordance with SWANCC. N/A f. Describe aquatic resources and features within the review area that were determined to be non-jurisdictional because they do not meet one or more categories of waters of the United States under the pre-2015 regulatory regime consistent with the Supreme Court’s decision in Sackett (e.g., tributaries that are non-relatively permanent waters; non-tidal wetlands that do not have a continuous surface connection to a jurisdictional water). - Wetland A is a 0.05-acre emergent wetland that does not have a continuous surface connection to a jurisdictional water. The wetland is located in an isolated depression within an abandoned access road adjacent to an aerial utility right-of- way in the northeast corner of the review area and is surrounded by a wooded parcel adjacent to existing residential and commercial development. As such, Wetland A is not a water of the U.S. 9. DATA SOURCES. List sources of data/information used in making determination. Include titles and dates of sources used and ensure that information referenced is available in the administrative record. CELRL - RDN SUBJECT: Pre-2015 Regulatory Regime Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), LRL-2024-00289-jde. 5 a. Office evaluation conducted on 6/6/2024. b. 20240404_V3_146th & Gray Road_NRA.pdf (Includes Project Location Map; NWI layer and USGS Topo Map; USGS Topo Map, Fishers Quad; Flood Zones of Hamilton County, Indiana; Soil Survey of Hamilton County, Indiana ; Wetland and Stream Delineation Map; Site Photos dated 02/16/2022; Wetland Determination Data Forms dated 02/16/2022). c. LRL-2024-00289-jde LiDAR; LRL-2024-00289-jde NHD 10. OTHER SUPPORTING INFORMATION. N/A 11. NOTE: The structure and format of this MFR were developed in coordination with the EPA and Department of the Army. The MFR’s structure and format may be subject to future modification or may be rescinded as needed to implement additional guidance from the agencies; however, the approved jurisdictional determination described herein is a final agency action.