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Home My WebLink AboutDNR ltr re: Blue Woods Creek ;' 'l> "~ " 1 '. I ~, DNR Indiana Deparbnent of Natural Resources Joseph E. Keman, Govemor John Goss, Director DMsIonofW_ .cG2 West W""'*'ulon -. Room W284 Indionapllls, IN 48204-2841 _ 317-232-4180 TalltM: 1-877-028-3755 F . November 2 Martin Marietta Materials, Inc. , D. Max Williams 1980 East 116th Street, Suite 200 Carmel, IN 46032 Re: FW-21136-CTS 1394 Blue Woods Creek Hamilton' 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 information 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 "B" 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 '\ l ":'\ ,., ~ Letter to Martin Marietla 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 "A" as depicted on the photo orientation map will comprise the expansion of mining. operations. This area includes thefloodway 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 flapgate 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 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 j . the to be constructed .channel, as approved by the Department as FW-21136 (B). At this time, both areas A and B must be considered as the f100dway of Blue Woods Creek. For area A to be removed from the f1oodway: . 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 approved 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 1-317-23~4160. 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 r STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES CERTIFICATE OF APPROVAL CONSTRUCTION IN A FLOODWAY MAIlED JAN 3 1 2002 .I ~ ~ .~ APPLICATION # STREAM APPLICANT : FW-21136 : Blue Woods Creek : Martin Marietta Aggregates D. Max Williams 1980 East 116th Street, Suite 200 Carmel, IN 46032 : Weihe Engineers James O'Bara 10505 North College Avenue Indianapolis, IN 46280 : IC 14-28-1 with 312 lAC 10 ~ 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 flapgate 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 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 Blue 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 AGENT AUTHORITY DESCRIPTION LOCATION APPROVED BY : Q~Gt!'O-J~~ Jam s J. Hebenstreit P.E., Assistant Director Division of Water : January 30, 2002 APPROVED ON Attachments: Notice Of Right To Administrative Review General Conditions special Conditions Service List STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES .' .of NOTICE OF RIGHT TO ADMINISTRATIVE REVIEW APPLICATION #: FW- 21136 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 whi~h 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 Resources Commission following a legal proceeding conducted before an Administrative Law Judge. The Department of Natural Resources will be represented by legal counsel. , ' STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES .: GENERAL CONDITIONS APPLICATION #: FW- 21136 (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 mus~ be reported to the Division of Historic Preservation and Archaeology within 2 business days. Division of Historic Preservation and Archaeology Room W274 402 West Washington Street Indiananpolis, IN 46204 Telephone: (317) 232-1646. FAX: (317) 232-S036 ( 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: Telephone Number r Agency 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: Mr. Michael W. Neyer, PE, Director Division of Water Room W264 402 West Washington Street Indianapolis. IN 46204 Telephone: (317)232-4160, Toll Free: (Sn) 928-3755 FAX: (317)233-4579 ( 8) 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 -General Conditions- and -Special Conditions-. . STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES ".<:' SPECIAL CONDITIONS APPLICATION #: FW- 21136 PERMIT VALIDITY : This permit is valid for 24 months from the "Approved On" date shown on the first page. If work has not been initiated by January 30,' 2004 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 8, 2001, March 16, 2001, March 19, 2001, March 21, 2001, July 23, 2001 and January 11, 2002. Any deviation from the information must receive the prior written approval of the Department. Number ( 1) ( 2) , (3) ( 4) ( 5) ( 6) ( 7) ( 8) (9) Special Condition revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties of tall fescue), legumes, and native shrub and hardwood tree species as soon as possible upon completion minimize and contain within the project limits inchannel disturbance and the clearing of trees and brush do not cut any trees suitable for Indiana bat roosting (greater than 14 inches in diameter, living or dead, with loose hanging bark) from April 15 through September 15 where necessary, use minimum average 6 inch graded riprap stone extended below the normal water level to provide habitat for aquatic organisms in the voids plant native hardwood trees along the top of the bank and right-of-way to replace the vegetation destroyed during construction 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 stabilized seed and protect all disturbed stream banks and slopes that are 3: 1 or steeper with erosion control blankets (follow manufacturer's recommendations for selection and installation) or use an appropriate structural armament; seed and apply mulch on all other disturbed areas seed and protect areas where runoff is conveyed through a channel/swale with erosion control blankets (follOW manufacturer's recommendations for selection and installation) or use an appropriate structural armament; seed and apply mulch on all other disturbed areas construct and stabilize the new channel in the dry; allow vegetation to become established before the stream flow is released into the new channel; complete the new channel before disturbing the existing channel; once stream is diverted to new channel and old channel blocked off, then filling or disturbing of the old channel can begin ,1 , i) I'" II;, vr II"UII"'I,.", DEPARTMENT OF NATURAL RESOURCES SPECIAL CONDITIONS . .~ tJ APPLICATION #: FW- 21136 ( 10) 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 floodway ( 11) all work must conform with the existing bank at the upstream and downstream limits of the project site ( 12) do not leave felled trees, brush, or other debris in the floodway ( 13) all outfall structures and riprap placed for bank stabilization must conform to the bank ( 14) anchor the culverts to prevent dislodging and/or flotation during high water events ( 15) upon completion of the project, remove all construction debris from the floodway ( 16) keep the culvert opening free of debris and sediment at all times ._-. ( 17) the proposed channel must be maintained at the same shape and grade in perpetuity STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES Martin Marietta Aggregates D. Max Williams 1980 East 116th Street, Suite 200 Carmel, IN 46032 Save the Dunes Conservation Fund Phillip J. Budrick 444 Barker Road Michigan City, IN 46360 Kurt J. Wanninger Permit Inspector Hamilton County Surveyor's Office 1 Hamilton County Square, Suite 146 Noblesville, IN 46060-2230 Hamilton County Soli and Water Conservation DIstrict 1108 South 9th Street Noblesville, IN 46060-2744 Staff Assignment: Administrative Technical Environmental Markita L. Shepherdson Matthew D. Patton Stephen H. Jose SERVICE LIST APPLICATION #: FW- 21136 Weihe Engineers James O'Bara 10505 North College Avenue Indianapolis, IN 46280 Save the Dunes Conservation Fund Sandra L Wilmore, Program Director 444 Barker Road Michigan City, IN 46360-7426 Carmel Department of Community Development One Ovic Square Carmel, IN 46032 Indiana Department of Natural Resources Division of Law Enforcement North Region Headquarters Dist 4 RR 6, Box 344 Peru, IN 46970-9030 .,.' ... '-~ Hamilton County Drainage Board County Surveyor 1 Hamilton Square, Suite 146 Noblesville, IN 46060-2230 US Army Corps of Engineers, Louisville District Regulatory Functions Branch Jim Townsend PO Box 59 Louisville, KY 40201-0059 Hamilton County Plan Commission Hamilton County Gov. and Judidal Center One Hamilton County Square, Suite 138 Noblesville, IN 46060-2230 " ...... Q.) Q.) ~ ...... (f) (p.;un ..c: ...... to o uS' " ~ i!m " f~ Q << " ..... N" (l)U cD:C QI ........ ~ ~ ~ :t. ~ ~. ~ , ~ I' l " . w . U) III in, III en CO, III .f p~:inil),," .._~,9 ::L$pO~otT-;oO 9 l L l --Y1.!l~ '/So~' .Il' ;,r! C>- Applicant: Martin Marietta Materials, Inc. Agent: Weihe Engineers, Inc. Date: February 7, 2001 MARTIN MARIETTA MATERIALS, INC. PHOTO ORIENTATION MAP PROPOSED DITCH RF.I,OCArrnN k