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Home My WebLink AboutDNR Correspondence 11-24-03 .~I~ r We. . . .u' . . u DNR Indiana Deparbnent of Natural Rasource. ~ Joseph E. Kernan, Governor I I 7 . John Goss, Director . _af_ 4CI2 w.... w~ S1reoI, Room_ ~IN _1 _ 317-232-41110 Tall_ 1-877-1128-3755 FAX:. 317- 233-457D Martin Marietta Materials, Inc. . D. Max Williams 1980 East 116th.Street, Suite 200 Carmel, IN 46032 November 24, 20 i} ._~ r~ , Re: FW-21136-CTS 1394 Blue Woods Creek Hamiltorl County, Basin 14 Dear Mr. Williams: ReferenCe is made to a fax received from you at the Division of Water on October 29, 2003 inquiring as to why a portion of the project that you had applied for on March 8, 2001 was not included in the Certificate of Approval for Application FW-21136 issued on January 30, 2002. The certificate gave approval for a portion of Blue Woods Creek to be relocated and for the construction of an outfall. The project description on the permit currently reads: Approximately 2650' of the existing Blue Woods Creek, south of 106th Street, west of Hazel Dell Parkway and east of Gray Road will be relocated. The proposed channel relocation (Station 00+00) will start approximately 210' upstream of Hazel Dell Parkway and intersect the existing creek approximately 2860' upstream of Hazel Dell Parkway (Station 41+10). The proposed channel will be located north of the existing creek. Also, proposed is the installation of an approximate 150' 24" RCP with . headwall and f1apgate to serve as an outfall structure for any interior overland drainage from the abandoned portion of Blue Woods Creek after the channel relocation is complete. Details of the project are contained in information received electronically at the Division of Water on March 8, 2001 and in plans and irtformation received at the Division of Water on March 16, 2001, March 19, 2001, March 21, 2001, July 23, 2001 and January 11, 2002. However, the project description that was electronically filed on March 8, 2001 included the following proposed work that was not included on the permit: The channel relocation is being undertaken to allow for the expansion of existing mining operations located immediately adjacent to the West and South of the project area. Area "A" as depicted on the photo orientation map will comprise the expansion of mining operations. This area includes the f100dway of existing Blue Woods Creek. The area aBII may be filled above flood protection grade for future commercial use. The application was placed on the Division's 30-day public notice on March 14, 2001 and did include the above-mentioned work. Also, after researching the file, there was no indication as to why the above requested work was not included in the Certificate of Approval granted on January 30, 2002. Therefore, the permit description is amended to read as follows: An Equal Opportunity Employer Printed on Recycled Paper ?t (j (j' o , ..., ,I Letter to Martin Marietta Page Two November 24, 2003 Approximately 2650' of the existing Blue Woods Creek,' south of 106th Street, west of Hazel Dell Parkway and east of Gray Road will be relocated. The proposed channel relocation (Station 00+00) will start approximately 210' upstream of Hazel Dell Parkway and intersect the existing creek approximately 2860' upstream of Hazel Dell Parkway (Station 41 +1 0). The proposed channel will be located north of the existing creek. The channel relocation is being undertaken to allow for the expansion of existing mining operations located immediately adjacent to the West and South of the project area. Area"N as depicted on the photo orientation map will comprise the expansion of mining, operations. This area includes the f100dway of existing Blue Woods Creek. The area "B" may be filled above flood protection grade for future commercial use. Also, proposed is the installation of an approximate 150' 24"' RCP with headwall and f1apgate to serve as an' outfal~ structure for any interior overland drainage from the abandoned portion of Blue Woods Creek after the channel relocation is complete. Detail's of the project are contained in information received electronically at the Division of Water on March 8, 2001 and in plans and information received at the Division of Water on March 16, 2001, March 19, 2001, March 21, 2001, July 23, 2001 and January 11, 2002. The enclosed f100dway map shows both the natural f100dway (A) and the f100dway at , ' the to be constructed 'channel, as approved by the Department as FW-21136 (8). At this time, both areas A and 8 must be considered as the f100dway of Blue Woods Creek. For area A to be removed from thefloodway: . The bypass channel must be constructed, and as built plans submitted to the Division of Water . ' The Hamilton County Surveyor's office must notify the Department in writing that they intend to maintain the shape of the bypass channel in perpetuity as' shown on the as-built plans. This letter should be attached to your existing permit and displayed at the project site. The Division of Water will place a copy of this letter in the permit file to be retained as permanent record of the application. Please be aware that all conditions of the previously CllPproved permit must be met in order for your project to be in compliance. You should not construe this letter as a local building permit, or a waiver of any local building or zoning ordinance. Additionally, this letter does not relieve you of the responsibility of obtaining permits, approvals" easements, etc. as required by other federal, state and local agencies. We apologize for any inconvenience this might of caused. If you have any questions, please contact Markita Shepherdson either at our toll-free number, 1-877-928-3755 or at'1-317-,232'-4160. Sincerely, q~~ James J. Hebenstreit, P.E. Assistant Director Division 'of Water Attachment: Certificate of Approval dated January 30,2002 Floodway Map pc: Service List for FW-21136 ..., ... " ,y U APPLlCA nON # STREAM APPLICANT AGENT AUTHORITY DESCRIPTION ( \' Y LOCA nON APPROVED BY APPROVED ON STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES CERTIFICATE OF APPROVAL CONSTRUCTION IN A FLOODWAY ..anaw..y ul'\l~ J I LUUL : FW-21136 : Slue Woods Creek : Martin Marietta Aggregates D. Max Williams 1980 East 116th Street, Suite 200 Carmel, IN 46032 : Weihe Engineers James O'Sara 10505 North College Avenue Indianapolis, IN 46280 : IC 14-28-1 with 312 lAC 10 : Approximately 2650' of the existing Slue Woods Creek, south of 106th Street, west of Hazel Dell Parkway and east of Gray Road will be relocated. . The proposed channel relocation (Station 00+00) will start approximately 210' upstream of Hazel Dell Parkway and intersect the existing creek approximately 2860' upstream of Hazel Dell Parkway (Station 41 +1 0). The proposed channel will be located north of the existing creek. Also, Rroposed is the. installation of an approximate 150' 24ft RCP with headwall and f1apgate to serve as an outfall structure for any interior overland drainage from the abandoned portion of Slue Woods Creek after the channel relocation is complete. Details of the project are contained in information received electronically at the Division of Water on March 8, 2001 and in plans and information received at the Division of Water on March 16, 2001, March 19, 2001, March 21, 2001, July 23, 2001 and January 11, 2002. : DOWNSTREAM: Along the north and south banks of Slue Woods Creek immediately West of Hazel Dell Parkway and continuing West approximately 2500' near Carmel, Clay Township, Hamilton County N%, Section 9, T 17N, R 4E, Fishers Quadrangle UTM Coordinates: Downstream 4420900 North, 578250 East UPSTREAM: UTM Coordinates: Upstream 4421400 North, 578950 East : Q~~,O.'A'~ Jam s J. Hebe streit, P.E., Assistant Director Division of Water : January 30, 2002 Attachments: Notice Of Right To Administrative Review GeneraJ Conditions Special Conditions Service list v . " STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES GENERAL CONDITIONS APPLICATION #: FW- 21136 ..' i~ u ( 1 ) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al) and State Law (IC 14-21-1) require that work must stop and that the discovery must be reported to the Division of Historic Preservation and Archaeology withln 2 business days. Division of Historic Preservation and Archaeology Room W274 402 West Washington Street Indiananpolls, IN 46204 Telephone: (317) 232-1646, FAX: (317~ 232-8036 ( 2 ) This permit must be posted and maintained at the project site until the project is completed. ( 3) This permit does not relieve the permittee of the responsibility for obtainl~ additional permits, approvals, easements, ete. as required by other federal, state, or local regulatory agencies. These agencies Include, but are not limited to: AgencY Telephone Number I ~;.. Hamilton County Drainage Board US Army Corps of Engineers, Louisville District Indiana Department of environmental Management Local city or county planning or zoning commission (317) n6-8495 (502) 315-6733 (317) 233-2471 ( 4) This permit must not be construed as a waiver of any local ordinance or other state or federal law. ( 5 ) This permit does not relieve the permittee of any liability for the effects which the project may have upon the safety of the life or property of others. ( 6) This permit may be revoked by the Department of Natural Resources for violation of any condition, limitation or applicable statute or rule. ( 7) This permit shall not be assignable or transferable without the prior written approval of the Department of Natural Resources. To initiate a transfer contact U' , Mr. Michael W. Neyer, PE, Director Division of Water Room W264 402 West Washington Street Indianapolis. IN 46204 Telephone: (317) 232-4~60, Toll Free: (Sn) 928-3755 FAX: (317) 233-4579 ( S) The Department of Natural Resources shall have the right to enter upon the site of the permitted activity for the purpose of inspecting the authorized work. ( 9) The receipt and acceptance of this permit by the applicant or authorized agent shall be considered as acceptance of the conditions and limitations stated on the pages entitled wGeneraI Cond"Jtionsw and wSpeclal Conditlonsw. u h~ u) ( 11) ( 12) ( 13) ( 14) ( 15) ( 16) ( 17) u u ~ .,...... "'. ..~.,."'...." DEPARTMENT OF NATURAL RESOURCES SPECIAL CONDITIONS APPLICATION #: FW- 21136 except for the material used as backfill as shown on the above referenced project plans on file at the Division of Water, place all excavated material landward of the f100dway all work must conform with the existing bank at the upstream and downstream Ijmits of the project site do not leave felled trees, brush, or other debris in the f100dway all outfall structures and riprap placed for bank stabilization mus~ conform to the bank anchor the culverts to prevent dislodging and/or flotation during high water events upon completion of the project, remove all construction debris from the f100dway keep the culvert opening free of debris and sediment at all times the proposed channel must be maintained at the same shape and g~de in perpetuity " .J: - (0 0 ...... u ..uII ~ ~ ..... 0'6 i!.cq .s~ III co f.1lS .e g 0 ~ '!. ~~ << Q. < ;= ". H ~}" cU~ :i! ~b~ Cll -"'" "" O.S &..I B~ ~~ 5) MARTIN MARIETTA MATERIALS, INC. PHOTO ORIENTATION MAP Applicant: Martin Marietta Materials, Inc. Agent: Weihe Engineers, Inc. Date: February 7, 2001 PRnpnS:T?n nTTr.ll RT?T.nr.d TTnN .eo