HomeMy WebLinkAboutIWIP 2023-278-29-GCW-A Leo LegacyI 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
ISOLATED WETLAND INDIVIDUAL PERMIT
PERMIT NO.: IWIP 2023-278-29-GCW-A
PROJECT NAME: Leo Legacy/Cottages at Carmel
AUTHORITY: IC 13-18-22-3
DATE OF ISSUANCE: June 6, 2023
DATE OF EXPIRATION: June 6, 2025
APPROVED:
_________________________________________
Brian Wolff, Branch Chief
Surface Water, Operations, and Enforcement
Office of Water Quality
APPLICANT AND
PERMITTEE: Advenir Oakley Development
Attn: Scott Weathers
17501 Biscayne Boulevard, Suite 300
Aventura, Florida 33160
AGENT: DHE
Attn: Gregory Gerke
400 Boone Hollow Road
Springville, IN 47462
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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PROJECT LOCATION: Hamilton County
Latitude 39.999199, Longitude -86.048145
Southwest quadrant of the intersection of E. 146th St.
and Community Drive
ISOLATED WETLANDS
ON PROPERTY: Wetland A Class II 2.3 acres (NF)
Wetland A Class II 2.03 acres (FO)
Wetland B Class II 0.03 acres (FO)
Wetland C Class II 0.02 acres (FO)
Wetland C Class II 0.08 acres (NF)
Wetland D Class II 0.02 acres (NF)
Wetland E Class II 0.01 acres (NF)
Wetland F Class II 0.02 acres (NF)
_________
Total acreage: 4.51 acres
ISOLATED WETLANDS
EXEMPT: Wetland B Class II 0.03 acres (FO)
Wetland C Class II 0.02 acres (FO)
Wetland C Class II 0.08 acres (NF)
Wetland D Class II 0.02 acres (NF)
Wetland E Class II 0.01 acres (NF)
Wetland F Class II 0.02 acres (NF)
__________
Total exemption: 0.18 acres
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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REGULATED ISOLATED
WETLAND IMPACTS: Wetland A Class II 2.3 acres (NF)
Wetland A Class II 2.03 acres (FO)
__________
Total regulated impact: 4.33 acres
PERMITTED ACTIVITY:
MITIGATION:
MITIGATION LOCATION:
MITIGATION RATIOS:
Discharge of 7,300 cy of clean earthen fill into 2.3
acres of Class II emergent isolated wetlands, 1.6
acres of Class II Scrub-Shrub Wetlands, 0.43 acres of
Class II Forested Wetlands and 0.18 acre of Class II
exempt isolated wetland to facilitate the construction
of a new residential and commercial development.
Construct 9.7 acres of forested, scrub-shrub, and
emergent wetlands with a 3% contingency for a total
of 10 acres of wetland mitigation. The constructed
wetlands will consist of 1.2 acres of forested wetland,
4.2 acres of shrub/scrub wetlands, and 4.6 acres of
emergent wetlands.
Madison County
Latitude 40.042093, Longitude -85.712504
Class of Wetland Impacts: II
Type of Wetland Impacts: Forested and Scrub-Shrub
Class of Wetland Replacement: III
Type of Wetland Replacement: Forested and Scrub Shrub
Off-site Mitigation
Required Ratio: 2.5:1
Total Class II Forested Mitigation: 5.1 acres
Class of Wetland Impacts: II
Type of Wetland Impacts: Non-Forested
Class of Wetland Replacement: III
Type of Wetland Replacement: Non-Forested
Off-site Mitigation
Required Ratio: 2:1
Total Class II Non-Forested Mitigation: 4.6 acres
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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Conditions of the Isolated Wetland Individual Permit
1.0 General
(a) Implement the project as depicted and described in the application for an
Isolated Wetland Individual Permit.
(b) Complete all approved discharges no later than two (2) years after the date of
issuance of this Isolated Wetland Individual Permit. You may request a one (1)
year extension to the Isolated Wetland Individual Permit by submitting a written
request ninety (90) days prior to the deadline stated above. The written request
shall contain an account of which discharges and mitigation have been
completed and list the reasons an extension is requested.
(c) Allow the commissioner or an authorized representative of the commissioner
(including an authorized contractor), upon the presentation of credentials:
(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 permit;
(3) to inspect, at reasonable times, any monitoring or operational equipment
or method; collection, treatment, pollution management or discharge
facility or device; practices required by this permit and any mitigation
wetland site;
(4) to sample or monitor any discharge of pollutants or any mitigation site.
2.0 Mitigation
(a) 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 permit.
(b) Complete activities to implement the mitigation plan within one (1) year of the
effective date of this permit, within two (2) years of the effective date of this
permit unless IDEM grants a written extension upon request. These activities
include excavation, grading, installation of hydrologic controls, and planting.
(c) Complete the enclosed environmental notice and submit a signed and recorded
copy with the request for release from monitoring requirements. You may
substitute a copy of a properly recorded deed restriction or conservation
easement protecting the mitigation site(s) to satisfy this condition.
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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3.0 Wetland Mitigation Success Criteria
(a) Ensure that the mitigation wetland meets the following success criteria for at
least two (2) consecutive years:
(1) The area of wetland established, as measured by a wetland delineation,
must meet or exceed the 9.7 of wetland compensatory mitigation required.
(2) Greater than 50% of the dominant vegetation species must have a wetland
indicator of FAC (i.e., facultative) or wetter.
(3) The hydrology at the mitigation wetland site must meet the wetland
hydrology criteria contained in the United States Army Corps of Engineers
Wetland Delineation Manual, Technical Report Y-87-1 (January, 1987) and
its corresponding Interim Regional Supplement for the geographic region in
which the mitigation site is located.
(4) No 10 meter square area shall have a combined surface areal coverage
greater than 10% of any combination of :
(A) Typha spp. (cattail)
(B) Phalaris arundinacea (reed canary grass)
(C) Open water
(D) Bare ground
(6) The mitigation wetland is free of:
(A) Lythrum salicaria (purple loosestrife)
(B) Phragmites australis (common reed)
(C) Myriophyllum spicatum (water milfoil)
(7) Native plant species excluding Typha spp. (cattail) must cover at least 70%
of the total area of the mitigation site
(8) Cottonwood (Populus deltoids), silver maple (Acer Saccharinum), and
willow (salix spp.) shall not be dominant in any layer.
(9) No single tree or shrub species shall constitute more than 20% of the total
vegetative cover.
(10) The mitigation site (M-1) must have 200 or more evenly distributed live
individual trees per acre. Each of these live individual trees must:
(A) Have shown growth for two consecutive years onsite.
(B) Be a species in the approved mitigation planting list or have a
Coefficient of Conservatism of three (3) or greater.
(11) The mitigation site (M-2) must have 436 or more evenly distributed live
individual shrubs per acre. Each of these live individual shrubs must:
(A) Have shown growth for two consecutive years onsite.
(B) Be a species in the approved mitigation planting list or have a
Coefficient of Conservatism of three (3) or greater.
(12) Permanently and clearly identify on-site all mitigation wetlands with “Do Not
Mow or Spray-Restoration Area” signs placed no further apart than every
100 feet after construction. If the mitigation wetlands to be established are
adjacent to or near existing mitigation, then permanent stakes/markers
must distinguish the mitigation wetland from the existing mitigation.
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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(13) Any additional success criteria specified in the mitigation plan and not
superseded by this Isolated Wetland Individual Permit.
4.0 Mitigation Monitoring
(a) Submit as-built plans within three (3) months of completing the construction of
the mitigation. The as-built plans shall include:
(1) Final grade elevations at one foot contours.
(2) Plan view and cross sections.
(3) A longitudinal profile, and lateral cross sections at the apex of each
meander and at the midpoint between meanders for relocated streams.
(4) A cross section along the primary axis and secondary axis for wetlands.
(5) Locations and elevations of structures (e.g., culvert inverts, outfalls, inlets,
berms, piezometers, wells, etc.).
(6) Markers specified in Conditions 3.0(a)(17) and 4.0(a)(21) above.
(7) The species and quantities of each species that were planted. Deviations
from the approved mitigation plan must be highlighted and explained.
(b) Monitor the mitigation site annually for a minimum period of three (3)
continuous years to determine if it is meeting the success criteria. Monitoring
reports must be submitted to this office no later than December 31st of each
year until released from monitoring by this office.
(c) Start mitigation monitoring the first full growing season after construction.
(d) Mitigation monitoring reports must include the following:
(1) The IDEM identification number.
(2) Discussion of hydrology at the mitigation site.
(3) Discussion of plant community development at the mitigation site.
(4) Discussion of methods or means used to determine compliance with the
success criteria.
(5) Photographs representative of the mitigation site and sampling points.
(6) Confirmation that areas designated for preservation have remained
undisturbed.
(7) Identification of any problems with meeting the success criteria.
(8) Corrective actions for identified problems.
(9) Wetland delineation for the mitigation wetland in the final monitoring
report.
(e) Once you believe that the site meets or exceeds all of the success criteria, you
may submit a proposed final monitoring report to IDEM and suspend
monitoring. IDEM will not release the site until you have demonstrated, through
monitoring reports that the site is compliant. If IDEM confirms that the
mitigation site meets or exceeds all of the success criteria, IDEM will notify you
that the mitigation is complete and that you may permanently discontinue
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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monitoring. If the site does not meet the specified success criteria for the final
two (2) consecutive monitoring reports in this three (3) year period, extended
monitoring may be required for an additional two (2) years. Extended
monitoring may constitute the sole corrective action if IDEM believes that the
site needs more time to meet the success criteria. Other corrective actions
may also include additional grading, planting, relocation, or other actions
deemed necessary by IDEM to meet the success criteria.
5.0 Erosion and Sediment Control
(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-
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.
(f) 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 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.
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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(g) Cut and fill slopes located adjacent to wetlands and streams (including
encapsulated streams) or that directly discharge to these aquatic features are
to be stabilized using rapid/incremental seeding or other appropriate
stabilization measures.
(h) As work progresses, areas void of protective ground cover shall be re-
vegetated or stabilized using mulch that is anchored, or under more extreme
conditions an appropriate grade of erosion control blanket must be used.
Erosion control blanket shall be used for areas associated with concentrated
flow. The selection of material must be made based on site conditions and all
applicable permit requirements. If a construction site run-off permit (327 IAC
15-5) has been obtained, implement the stabilization plan as specified in the
stormwater pollution prevention plan (SWPPP).
6.0 Construction
(a) Do not clear trees within the project boundaries during April 1 through
September 30 in order to protect any habitat suitable for the federally
endangered Indiana Bat (Myotis sodalis) and the federally threatened Northern
Long Eared Bat (Myotis septentrionalis) unless a waiver has been issued by the
US Fish and Wildlife Service.
(b) Clearly mark wetlands and streams that are to remain undisturbed on the
project site.
(c) Obtain prior approval from IDEM for operation of construction equipment or the
placement of temporary run-arounds, temporary cofferdams, temporary
causeways, temporary crossings, or other related structures within any water of
the state, unless specifically stated, depicted, or detailed in the aforementioned
correspondence and project plans.
(d) Construct temporary run-arounds, temporary cofferdams, temporary
causeways, temporary crossings, or other such structures of non-erodible
materials.
(e) Construct temporary crossings in a manner that does not impede surface flows
for an approximate two (2) year (Q2) flood event.
(f) Cofferdam dewatering activities must be directed 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.
(g) Deposit any dredged material in a contained upland (non-wetland) disposal
area to prevent sediment run-off to any waterbody.
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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Other Applicable Permits.
Based on the proposed land disturbance, a construction site run-off 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 permit approval does not relieve you from 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, or toll free at 877-928-3755, concerning the
possible requirement of a Natural Freshwater Lake or Construction in a Floodway
Permit, or the IDEM Stormwater Permits Section at 317-233-1864 concerning the
possible need for construction stormwater general permit coverage permits if you plan
to disturb greater than one (1) acre of soil during construction.
This permit does not:
(1) authorize impacts or activities outside the scope of this permit;
(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.
Failure to comply with the terms and conditions of this permit 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 permit was violated willfully or negligently.
This permit is effective 18 days from the mailing of this notice unless a petition for
review and a petition for stay of effectiveness are filed within this 18-day period. If a
petition for review and a petition for stay of effectiveness are filed within this period, any
part of the permit within the scope of the petition for stay is stayed for 15 days, unless or
until an Environmental Law Judge further stays the permit in whole or in part.
Notice of Right to Administrative Review (Permits)
If you wish to challenge this permit, you must file a Petition for Administrative Review with
the Office of Environmental Adjudication (OEA), and serve a copy of the petition upon
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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IDEM. The requirements for filing a Petition for Administrative Review are 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 Office of Environmental
Adjudication (OEA) 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 Commissioner
Office of Environmental Adjudication Indiana Dept. of Environmental Management
Indiana Government Center North Indiana Government Center North
100 North Senate Avenue, Room N103 100 North Senate Avenue, Room 1301
Indianapolis, Indiana 46204 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.
IDEM No. 2023-278-29-GCW-A, Leo Legacy/Cottages at Carmel
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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, OEA will provide all parties with notice of any pre-hearing
conferences, preliminary hearings, hearings, stays, or orders disposing of the review of
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 OEA at the address above.
If you have procedural or scheduling questions regarding your Petition for
Administrative Review, additional information on the review process is available at the
website of the Office of Environmental Adjudication at http://www.in.gov/oea.
If you have any questions about this permit, please contact Graham Wrin, Project
Manager, by e-mail at GCWrin@idem.in.gov by phone at 317-605-4105.
cc: Sarah Harrison, USFWS
Brian Boszor, IDNR
Gregory Gerke, DHE