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HomeMy WebLinkAboutDNR Approval for Floodway Construction i-i t <: -, ~ f' ..t ----,-~ APPLICATION # , STREAM APPLICANT AUTHORITY DESCRIPTION LOCA 1l0N APPROVED BY o STATE OF INDIANA W . DEPARTMENT OF NA ruRAL RESOURCES CERTIFICATE OF APPROVAL CONSTRUCTION IN A FLOODWAY MAILED FES 0 9 200t : FW-20451 : West Fork \M1ite River : Martin Marietta Materials, Inc. Max Williams 1980 East 116th Street, Suite 200 P.O. Box 549 Carinel, IN 46032 : IC 14-28-1 with 310 lAC 6-1 : Martin Marietta Materials, Inc. (Martin Marietta) operates a sand and gravel mine along Hazel Dell Parkway south of 116th Street in Hamilton County. The processing plant is currently located on the west side of Hazel Dell Parkway. Martin Marietta plans to relocate the plant to the east side of Hazel Dell Parkway, which is in the f100dway of the White River. The relocation of the plant will allow mining of the area where it is currently located and place it farther from the neighboring subdivisions west of this area. The trees along HazE!l Dell Parkway will provide screening of the plant from the traffic on the road and from the subdivisions. In the new location, the plant will be configured similar to the way it . currently exists except that it will be oriented in such a manner to reduce the impact of the finished material stockpiles on the f1oodway. The plant will be elevated so that all equipment is above the 10o-year flood elevation. An access road will be Constructed at pre-development grade and will enter the plant from the north (upstream). No security fences or berms will be installed around the perimeter of the plant. Details of the project are contained in information received electronically at the Division of Water on March 16, 2000 ahd in information and plans received at the Division of Water on April. 12, 2000, April 24, 2000, July 3, 2000, December 8, 2000 and February 7, 2001. . . : DOWNSTREAM: The project is loeated on the east side of Hazel Dell Parkway approximately one-quarter mile north of 106th Street near Carmel, Clay Township. Hamilton County SE%,SE%" Section 4, T 17N, R 4E, Fishers Quadrangle UTM Coordinates: Downstream 4421875 North, 579400 East UPSTREAM: UTM Coordinates: Upstream 4421875 North, 579400 East APPROVED ON : February 9, 2001 Attachments: Notice Of Right To Administrative Review General Conditions Special Conditions Service List " .. () STATE OF INDIANA U' D~ARTMENT OF NATURAL RESOU ;ES . NOTICE OF RIGHT TO ADMINISTRA riVE REVIEW APPLICATION #: FW- 20451 This signed document constitutes the issuance of a permit by the Natural Resources Commission, or its designee, subject to the conditions and limitations stated on the pages entitled "General Conditions" and "Special Conditions", The permit or any of the conditions or limitations which it contains may be appealed by applying for administrative review. Such review is governed by the Administrative Orders and Procedures Act, IC 4-21.5, and the Department's rules pertaining to .adjudicative proceedings, 312 lAC 3-1. In order to obtain a review, a written petition must be filed with the Division of Hearings within 18 days of the mailing date of this notice. The petition should be addressed to: . , , , Mr. Stephen L. Lucas, Director Division of Hearings Room W272 402 West Washington Street Indianapolis, Indiana 46204 The petition must contain specific reasons for the appeal and indicate the portion or portions of the permit to which the appeal pertains. If an appeal is filed, the final agency determination will be made by the Natural R.esources Commission following a legal proceeding conducted before an Administrative Law Judge. The Department of Natural. Resources will be represented by legal counsel. J ,i . , , W STATE OF INDIANA U DEPARTMENT OF NATURAL RESOURCES GENERAL CONDITIONS APPLICATION #: FW- 20451 ( 1 ) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 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 within 2 business days. Division of Historic Preservation and Archaeology Room 'W2.74 402 West Washington Street Indiananpolis, 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 obtaining additional permits, approvals, easements, etc. as required by other federal, state, or lOcal regulatory agencies.These agencies include, but are not limited to: Agency Telephone Number 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 aRPlicable 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: Mr. Michael W. Neyer, PE, Director Division of Water Room 'W2.64 402 West Washington Street Indianapolis, IN 46204 Telephone: (317) 2324160, Toll Free: (877) 928-3755 ',FAX: (317) 2334579 ( 8) The Department of Natural Resources shall have the right to enter upon the site ofthe permitted activity for the purpose of inspecting the authorized ytork. (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 "General Conditions" and "Special Conditions". .J (') STATE OF INDIANA ( \ DEPAt~ENT OF NATURAL RESOURCE.~ SPECIAL CONDITIONS APPLlCA nON #: FW- 20451 PERMIT VALlDllY : This permit is valid for 24 months from the "Approved On" date shown on the first page. " If work has not been initiated by February 09, 2003 the permit will become void and a new permit will be required in order to continue work on the project. This permit becomes effective 18 days after the "MAILED" date shown on the first page. If both a petition for review ,and a petition for a stay of effectiveness are filed before this permit becomes effective, any part of the permit that is within the scope of the petition for stay is stayed for an additional 15 days. CONFORMANCE : other than those measures necessary to satisfy the "General Conditions" and "Special Conditions", the project must conform to the information received by the Department of Natural Resources on: March 16,2000, April 12,2000, April 24, 2000, July 3,2000, December 8,2000 and February 7, 2001. Any deviation from the information must receive the prior written approval of the Department. ' Number Special Condition ( 1) revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties of tall fescue) and legumes as soon as possible upon completion ( 2) minimize and contain within the project limits all tree and brush clearing and provide the opportunity to utilize cleared trees of firewood and timber size ( 3) appropriately designed measures for controlling erosion and sediment must be implemented to prevent sediment from entering the stream or leaving the construction site. Maintain these measures until construction is complete and all disturbed areas are ~*ed' . ( 4) except for the material stored in"the stockpiles as. shown on the project plans on file at the Division of Water, place all excavated material landward ofthe f100dway * ( 5) do not leave felled trees, brush, or other debris in the f100dway * ( 6) do not raise the access road beyond the pre-development elevation as shown on plans received on December 8, 2000 without the prior written approval ofthe Department of Natural Resources (7) do not place any security fences or berms around the project site in the f100dway without the prior written approval of the Department of Natural Resources ( 8) upon completion of the project, remove all construction debris from the f100dway * ( 9) do not extend the stockpiles of sand and gravel beyond' the limits of the stockpiles as shown in the plans received on April 12, 2000 ( 10) * NOTE: for regulatory purposes, the f100dway is defined as that shown on Panel 229 of the preliminary Flood Insurance Rate Map for Hamilton County dated September 9, 1998 .. Martin Marietta Materials, Inc. Max VVilliams 1980 East 11sth Street, Suite 200 P.O. Box 549 Cannel, IN 46032 Brian & Jennifer Atkinson 115 Wlite Horse Lane Fishers, IN 46038 City of Carmel One Civic Square Carmel, IN 46032 Don Craft 4988 St Charles Place Cannel, IN 46033-5936 John Jesse & Margaret Emerson 6110 East 106th Street Fishers, IN 46038 Hamilton County Drainage Board County Surveyor 1 Hamilton Square, Suite 146 Noblesville, IN 46060-2230 Kaylee & Daniel Johnson 118 White Horse Lane Fishers, IN 46038 Lenos Frances Marshall 6120 East 10sth Street Fishers, IN 46038 Debra J Smith IDNR, Division of Water Floodplain Management Section US Army Corps of Engineers, Louisville District Regulatory Functions Branch c/o Mr. Jim Townsend PO Box 59 Louisville, KY 40201-0059 Wright Family Realty, LP Frank Wright Sr. 152 South 9th Street Noblesville, IN 46060 (\ STATE OFINDIANA ( '\ D~\RTMENT OF NATURAL RESOU~ES SERVICE LIST APPLICATION #: FW- 20451 Kevin Abrams 1980 East 116th Street, Suite 200 Cannel, IN 46032-3516 Charles & Mary Bell 111 Vllhite horse Lane Fishers, IN 46038 Daniel & Marilyn Clements 113 Wlite Horse Lane Fishers, IN 46038 Adam L DeHart, LS Project Manager 486 Gradle Drive Cannel, IN 46032-2536 Kevin Franks 6150 Wahpihani Dr. Fishers, IN 46038 Eric & Debra Hawkins 6140 East 10sth Street Fishers, IN 46038 Sylvia Koester 118 Vllhite Horse Lane Fishers, IN 46038 Perry & Thelma Marshall 1 0700 Eller Road Fishers, IN 46038 James R. Steckley 5845 116th Street East Cannel, IN 46032 R. Gene Voss 117 Vllhite Horse Lane Fishers, IN 46038 Cannel Department of Community Development One Civic Square . Cannel, IN 46032 .. Jason Arvin 6160 East 1 Osth Street Fishers, IN 46038-1600 V\lilliam Cash One Hamilton County Square Noblesville, IN 46060 Elizabeth & Melissa Cosby 116 VI/hile Horse Lane Fishers, IN 46038 Christopher J. Devers 6136 Wahpihani Drive Fishers, IN 46038-1734 Robert Furlong 1980 East 116th Street, Suite 200 Carmel, IN 46032-3516 David & Tammy Jessup 130 Vllhite Horse Lane Fishers, IN 46038 Morris & Becky Loriskin 11153 River Road Indianapolis, IN 46280 Richard L. Russell 1 0660 Ella Road Fishers, IN 46038-1601 William & Nina Ann Stitt 112 White Horse Lane Fishers, IN 4603~ Kurt J. Wanninger Hamilton County Surveyor's Office 1 Hamilton County Square, Suite 146 Noblesville, IN 46060-223Q Hamilton County Plan Commission Hamilton County Gov. and Judicial Center One Hamilton County Square, Suite 138 Noblesville, IN 46060 , - U STATE OF INDIANA U Dl · ARTMENT OF NATURAL RESOU lES t'~... '-_'-_ SERVICE LIST APPUCA nON #: FW- 20451 Hamilton County Soil and Water Conservation District 11 08 South 9th Street Noblesville, IN 46060-2744 Indiana Department of Natural Resources Division of Law Enforcement North Region Headquarters Dist 4 RR 6, Box 344 Peru, IN 46970 Staff Assignment: Administrative Technical Environmental Markita L. Shepherdson Dennis K Stewart, P .E. William R. Maudlin ..