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HomeMy WebLinkAbout05050040-CorrespondenceLillard, Sarah N Michael McBride [mbm@co.hamilton.in.us] Friday, April 29, 2005 11:14 AM Foley, Amanda J; Hoyt, Gary A; Dobosiewicz, Jon C; Lillard, Sarah N; Greg Hoyes Kendall, Jeff A; rodney.reinhart@dukereaity.com Re: West Carmel Market Place Suite 100 Shell Bldg We have no objection to the construction of this particular structure. Please do notify us of any subsequent requests. Mike McBride~ Staff Engineer Bridge Hamilt4~ County Highway Department phone: 317/773-777C, fax:317/776-9814 Lillard, Sarah N From: Greg Hoyes [grh@co.hamiltonJn.usl Friday, April 29, 2005 2:26 PM Foley, Amanda J; Hoyt, Gary A; Dobosiewicz, Jori C; Lillard Sarah N: Michael McBride Kendall, Jeff A; rodney, reinhart@dukerealty.com Re: West Carmel Market Place Suite 100 Shell Blog Sarah we are ~ still is working on road just want to make sure nothing changes that affect our drainage system. [t 2 weeks, whicft resolves this issue way before the C of O time nd will keep the progress moving forward If you have any questions. Thank You Suite 188 Phone'. (317) 776~8495 Fax: (317) 776-9628 >>> Lillard, Sarah N slillard@cLcarmel.m.us 10:57:40 AM Friday, April 29. 2005 >>> Good Morning. The Highway Dept, Surveyor's Office, and Fire Marshall all responded to the pre-submittal notice that they had outstanding issues with the West Carmel Market Place Suite 100 Shell Building proj,e, ct. I hax;e,not heard from ~ny of those offices that the issues have been completed/resolved, l~l~s~ REPLY ALL' as to the status oF the project, and/or whether or not you feel the project may proceed with permit submittal and/or issuance. Thank you, Sarah Sarah Lillard & Code Enforcement ,2475 shllard@ci.carmel, in.us 1 Lillard, Sarah N Hoyt, Gary A Friday, April 29 2005 1:03 PM Lillard, Sarah N; 'Michael McBr de; Foley, Amanda J; 'grh@co.hamilton.in.us'; Dobosiewicz, J. on C rodney.reinhart@dukerealty.com; Kendall, Jeff A RE: West Carmel Market Place Suite 100 Shell Bldg :ire department has no further conditions for the project at this time. Lillard, 5arab N Fdday April 29 2005 .!.0:58 AM TO: Michael McBride; Foley, Amanda ,~; grh@co.hamilton.in.us; Hoyt, Gary A; Dobosiewicz, Cc: 'rodney.reinhart@dukereatty.com; Kendall, ,]eft A Subject West Carme Market Place Suite tOO Shell Bldg .}on C roject may Thank you, Sarah Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. Page 1 of 2 Lillard, Sarah N From: Rodney Reinhart [Rodney. Reinhart@dukerealty.com] Sent: Friday, April 29. 2005 8:28 AM To: Lit~ard. Sarah N Subject: RE: Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shelt Bldg. Sarah, I believe the Hamilton County Highway Department response is the only one you are waiting for before schedu in9 the Pre-Submitta meeting. Can you let me know if there are any ~)thers, so that we can follow up on getting th~se responses to you? You should have responses back from Gary Hoyt and Scott Brewer. Thanks. Rodney G. Reinhart project Manager Duke Construction 600 East 96m St, Suite 100 Indianapolis, IN 46240 Direct: (317) 808-6620 Mobile: (317) 809-0062 Fax: (317) 808-6797 Emaih rodney.reinhart@dukerealty.com ..... Or. iginal Message ..... Fro~; Li ard, Sarah N [ma Ito:slillard@ci.carmelJn.us] Tuesday, April ::L~, 2005 4.:36 PM To.'Se'nt:conn, Angelina V;¢ Hill, Dick B; Duncan, Gary R; Hoyt,Gary A; Blanchard, Jim E; Dobosiewicz, ~/on C; Kendall,Jeff A; McBride, Mike T; Brewer, Scott I; Lillard,Sarah N; Dolan, Veronica A; Akers, il!ia~ P; grh@co.h&milton.in.us; john-south@iaswcd.org; Candy Feltner; mbm@co.hamilton.in.us Cc: Rodney Reinhart Subject.' Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. division of Community Service, & Code Enforcement ~mittal g permit. Project: PLACE: Suite 100 (Marshalls) shell bldg. lng & Zoning docket numbers: 4050030 V; 04070008 - 04070010 V; 04050028 Se.nt:' '' To: Lillard, Sarah N; Conn, Angelina V; Hill, Dick B; Duncan, Gary R; Blanchard, Jim E; Dobosiewicz, Jon C; Kendall, Jeff A; McBride, Mike T; Brewer, Scott I; Dolan, Veronica A; Akers, William P: 'grh@co.hamilton.in.us'; 'john-south@iaswcd.org'; 'Candy Feltner'; 'mbm@co.hamilton ,in .us' Cc: 'rodney.reinhart@dukerealty.com' Subject: RE: Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg, fire department connection Office: (317) 571-2600 FAX: (317) 571-2674 e-mail - ghoyt@ci.carmel.in.us ..... Original Message ..... From: LJIlard, Sarah N Sent: Tuesday, April 19~ 2005 4:36 PM To: Conn Angeina V; Hil, Dick B; Duncan Gary R Hoyt Gary A; Bianchard, Jim E; Dobosiewicz .~on C Kendall, 3eftA; HcBdde, Hike T Brewer, Scott Li ard. SarahN Doan, VeroncaA Akers, WllamP grh@co.hamlton, n.us, ]ohn-south@aswcd.og, 'Candy Feltner'; 'mbm@co.hamilton.in.us' Cc: . 'rodney.reinhart@dukerealty.com' Subject. Pre~Subrni~al Pltg for West Carmel Had(et Place Suite ~-00 Shell Bldg. The De a obtaining a building permit. Building & Code Enforcement division, has pre.submittal meeting for the purpose of ect. ~LACE: Suite 100 (Marshalls) shell bldg. Date: PENDING 04050029 V; 04050030 V; 04070008 - 04070010 V; 04050028 DP/ADLS; 05030018 ADLS Amend Representative: Rondney Reinhart Duke Realty/Construction rodney, reinhart@dukerealty, com Lillard, Sarah N Sent Wed ' · Corm, Angelina V; Hill, Dick B; Duncan Gary R Hoyt GaryA Blanchard Jim E; Dobosiewicz, Jon C Kendall, Jeff A; McBride, Mike T; BreWer, Scott; L Iard, Sarah N; Do an, Veronica A Akers, William P; Michael McBride; Candy. Feltner@ctrwd.org; john-south@iaswcd.org rodney.reinhart@dukerealty.com Re: Pre-Submittal Mtg for West Carmel Market Place Suite 100Shell Bldg. i Wednesday, April 20, 2005 >)> The Highway Department has not approved construction plans for this ecl phone: 317/773~7770 fax:317~776-9814 Lillard, Sarah N Cc: Subject: McBride [mb Mtg for West ',; Hoyt, Gary A; Blanchard, Jim E; Dobosiew~cz, Scott I; Lillard. Sarah N; Dolan, Veronica A; t; john-south@iaswcd,org .~uite 100Shell Bldg. apProved construction plans for this 317, 776-9814 Lillard, Sarah N From: Sent: To: ect: Candy Feltner [Candy. Feltner@ctrwd.org] Thursday, April 28, 2005 11:34 AM Conn, Angelina V; Hill, Dick B; Duncan, Gary R; Hoyt, Gary A; Bianchard, Jim E; Dobos~ewicz, Jon C; K(~dall Jeff A McBr de, M ke T; BrenNer, Scott; Lillard, Sarah N Dolan veronica A; Akers, William P; grh@co.hamilton.in,us; mbm@co.hamilton.in.us; john-south@iaswcd.org rodney, reinhart@dukerealty.com Re: Pre-Submittal Mtg [or West Carmel Market Place Suite 100Shell Bldg. conditional permit for this location. 317-844-9200 <slillard@ci.carmel.in.u has recmved a request to for the purpose of obtaining a building permit. PLACE: Suite 100 (Marshal[s) shell bldg. docket numbers: 04070010 V; 04050028 DP/ADLS: 05030018 ADLS Amend T. com concerns that might affect the issuance of this permit, please REPLY TO ALL on this e-mail. Lillard, Sarah N From: Sent: To: Cc: Subject: Hill, Dick B Tuesday, April 19, 2005 4:59 PM Lillard, Sarah N; Conn, Angelina V; Duncan, Gary R; Hoyt, Gary A: 91anchard, Jim E; Dobosiewicz, Jori C; Kendall, Jeff A; McBride, Mike T; Brewer, Scott I; Dolan, Veronica A; Akers, William P; 'grh@co,hamilton.in.us'; 'john-south@iaswcd.org'; 'Candy Feltner'; 'mbm@co.hamilton .in .us' 'rodney. reinhart@dukerealty, com ' RE: Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. This project is currently outside of the jurisdiction of the Engineering DepartmenL ..... Original Message ..... From: Littard Sarah N Se?t: Tuesday, April 19, 2005 4:36 PM To Conn, Angelina V; Hil, Dck B; Duncan Gary R; Hoyt, GaryA Blanchard Jim E; Dobosiewicz, .Ion C; Kendall, 3eftA; McBride, Hike T; B~ewer, Scott I; Lillard, Sarah N; D01an, Veronica A; Akers. William P; 'grh@co.hamilton.in.us'; john-south@iaswcd.org'; 'Candy Feitner' 'mbm@co.hamilton.in.us' Cc: 'rodney rei~hart@dukerealty corn' Subject: Pre-Submittal rfltg for West Carmel Harket Place Suite :L00 Shell Bidg, Project: mmunity Service, B edule a pre-submittal m uilding permit. rcement division, has for the purpose of WEST CARMEL MARKET PLACE: Suite 100 (Marshalls) shell bldg. Meeting Date: PENDING Time: PENDING DLS Amend [et numbers: 04070008 - 04070010 V; 04050028 DP/ADLS; Duke Realty / Construction rodney, reinhart~dukerealty.com (317) 808-662O If ight affect the issuance of this permit, please is e-mail. Lillard, Sarah N From: Brewer. Scott I Sent: Tuesday, April 19, 2005 8:45 PM To: Lillard, Sarah N; Corm, Angelina V; Hill Dick [3; Duncan. Gary R; Hoyt, Gary A; Blanchard, Jim E; Dobosiewicz, Jon C; Kendall, Jeff A; McBride, Mike T; Dolan, Veronica A; Akers, William P; ',grh@co,hamilton.in.us'; 'john-so.u, th@iaswcd.org'; 'Candy Feltner'; 'mbm@co.hamilton.in.us' rodney, reinhart@dukerea ty com; Dobosiewicz, Jon C; Griffin, Matt L RE: Pre-Submittal Mtg for West Carme~ Market Place Suite 100 Shell Bldg. Please submit 4 copies of the approved landscape plan to Scott Brewer, DOCS Town Hall, One Civic Square, Carmel. tN. for signature. You ~vill notified b~; phone or email when your copies are ready for pick-up from the DOC~ will-call box. Please also update DOCS staff en the pending resolution of the unplanned tree removal along the roadway site in the southeast corner of the property. Thank you Scott Brewer, City Forester Environmental Planner - DOCS One Civic Square Carmel, IN 46032 PH (317) 571-2478 ..... Odginal Message ..... From: Lillard, Sarah N Sent: Tuesday, Apdl 19, 2005 4:36 PM To: Conn, Angelina V; Hill, Dick B; Duncan, Gary R; Hoy[, Gary A Blanchard, -lim E; Dobosiewicz, 3on C; Kendall, .left A; McBride, Mike T; Brewer, Scott I; !Jllard, Sarah N; Dolanl Veronica A; Akers, William P; 'grh@co.hamilton.in.us'; john-~outh@iaswcd.org'; 'Candy Feltner'; 'robin@to.hamilton.in.us' Cc: 'rodney,reinhart@dukerealty.com' Subject: Pre-Submittal Mtg for West Carmel Market Place Suite tOO Shell Bldg. The I , Building & Code Enforcement division, has a pre-submittal meeting for the purpose of ng a building permit. IEL MARKET PLACE: Suite t00 (Marshalls) shell bldg. Meeting Date: PENDING Time: PENDING Related Planning & Zoning docket numbers: 04050029 V; 04050030 V; 04070008 - 04070010 V; 04050028 DP/ADLS; 05030018 ADLS Amend rt Duke Realty I Construction rodney, reinhart@dukerealty.com Lillard, Sarah N From: Sent: To: Cc: Subject: Akers, William P Wednesday, April 20, 2005 8:19 AM Lillard, Sarah N: Conn Angel na V; H I Dick B Duncan, Gary R; Hoyt, Gary A; Blanchard, Jim E; Dobosiewicz, Jon C; Kendall Jeff A; McBride, Mike T; Bre~ver, Scott I; Dolan, Veronica A; 'grh@co.ham Iton.in.us'; 'john-south@iaswcd.org'; 'Candy Feltner'; 'mbm@co.hamilton,in.us' rodney, re~nhart@dukerealty, om RE: Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. This should be the bigger building and nas an address of 10025 N Michigan road. BJLL AKER,?, ~9.11 OPE,IL.A.'IIONS MANAGER, , CARMEL COMMUNK:ATIONS CENTER CELL f~ ~2%8507 PAGER ~553-1687 OFFICE ~ 571-25-- ..... O.dginal Message ..... FrOm: Lillard, Sarah N . Se.hr: Tuesday, Apr 19, 2005 4 36 PM . To: c.onn, Angelina V; Hill, Dick B; Duncan, Gary R; Hoyt, Gary A, Blanchard, Jim E; Dobosiewicz, .lon C; Kendall, .left A; McBrici~, Mike :1-; Brewer, ~cott I; Lillard, Sarah I{I; Dolah, Veronica A; Akers, William P; 'grh@co.hamilton.in.us'; 'john-south@iaswcd.org'; 'Candy Feltner'; 'mbm@co.hamilton.in.us' Cc: 'rodney.reinhart@dukerealty.com' Subject: Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. ule a pre-st on~ has for the purpose of MARKET PLACE: SUite 100 (Marshalls) shell bldg. Related Planmng 04050029 05030018 ADLS Amend numbers: ,04070010 V; 04050028 DP/ADLS; rodney, reinhart@dukerealty.com (3t 7) 808-6620 Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. Page 1 of 1 Lillard, Sarah N From: jsoutb [john-south@iaswcd.org] Sent: Thursday, April 21,2005 9:07 AM To: Lillard, Sarah N Subject: RE: Pm-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. Plans are approved. John B. South P.E. ----Original Message ..... Fro~: Lillard, Sarah N [mailto:slillard@ci.carmel.in.us] Se.hr. Tuesday, April 19, 2005 4:36 PFI TO: Conn, Angelir~a V; Hill, Dick B; Duncan, Gat.n/R; Hoyt, Gary A; Blanchard, Jim E; Dobosiewicz, .1on C; Kendall,Jeff A; HcBrid.e., Hike T; Brewer, Scott I; Lillard,Sarah N; Dolan, Veronica A; Akers, William P; gr~@c0.hamilton.in.us; john-s0uth@iaswcd.org; Candy Feltner; mbm@co.hamilton.in.us Cc: rodney reinhart@dukerealty.com Subject: Pre-Submitta Htg for West Carmel Market Place Suite 100 Shell Bldg. mM! Jle a for the purpose of obtaining a building permit. Project: WEST CARMEL MARKET PLACE: Suite t00 (Marshalls) shell bldg. Meeting Date: PENDING & Zoning docket numbers: 04050029 V; 04050030 V; 04070008 - 04070010 V; 04050028 DP/ADLS; 05030018 ADLS Amend Representative: Rondney Reinhart Duke Realty / Construction rodney, reinhart~dukerealty.com (317) 808-6620 If there are concerns that might affect the issuance of this permit, please REPLY TO ALL on this e-mail. 04/22/2005 Carmel Market Place Suite 100 Shell Bldg. Page 1 of 2 Lillard, Sarah N From: Rodney Reinhart [Rodney. Reinhart@dukerealty.com] Sent: Thursday, April 21. 2005 10:39 AM To: Lillard, Sarah N Subject: RE; Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg, on vacation this week. but I do have a sanitary sewer permit from Clay Township Regional tart Duke Construction 600 East 96th St. Suite 100 Indianapolis, IN 46240 Direct: (317) 808-6620 Mobile: (317) 809-0062 Fax: (317) 808-6797 Email: rodney.reinhart@dukerealty.com ..... Original Message ..... Fro~: Lillard, Sarah N [mailto.slillard@cLcarmeLin.us] Se.hr: Tuesday, April :[c~, 2005 4:36 PM To: Conn, Angelina V; Hill, Dick B; Duncan, Gary R; Hoyt, Gary A; Blanchard, .Jim E; Dobos. iewicz, .]on C; Kendall,.]eff A; McBride, Mike T; Brewer, Scott I; Lillard,Sarah N; Dolan, Veronica A; Akers, William P; grh~co.hamiltonJn.us; john-south@iaswcd,org; Candy Felt~er; mbm@co.hamilton.in.us Cc: Rod.n. ey Reinhart Subject: Pre-Submitta Mtg for West Carmel Market Place Suite 100 Shell Bldg. · ( meetln. Pr( pre-su a building permit. RKET PLACE: Suite t00 (Marshalls) shell bldg. V; 04070008 - 04070010 V; 04050028 ~ ADLS Amend 04/22/2005 Lillard, Sarah N From: Sent: To: Cc: Subject: Lillam, Sarah N Tuesday, April 19. 2005 4:36 PM Corm, Angelina V; Hill, Dick B; Duncan, Gary R; Hoyt, Gary A; Blanchard. Jim E; Dobosiewicz, Jori C; Kendall. Jeff A; McBride, Mike T; Brewer, Scott h Lillard, Sarah N; Dolan, Veronica A; Akers, William P; grh@co.hamilton.in.us': 'john-south@iaswcd.org'; 'Candy Feltner'; 'mbm@co,hamilton.in,us' 'rodney.reinhart@dukerealty,com' Pre-Submittal Mtg for West Carmel Market Place Suite 100 Shell Bldg. imng Service, Building & Code Enforcement division, has a pre-submittal meeting for the purpose of permit. Meeting Date: PENDING Time: PENDING PLACE: Suite 100 (Marshalls) shell bldg. 04050029 V; 04050030 V; 04070008 -04070010 V; 04050028 DP/ADLS; 05030018 ADLS Amend Representative: Rondney Reinhart Duke Realty / Construction rodney, reinhart~dukerealty, com (317) 808-6620 If ht affect the issuance of this permit, please REPLY and return it to our office by FAX: 317-§7~l- receipt, we will send an e-moil to all appropriate city, township agencies to inform them you have requested a if there are any concerns, listed below is included on this that individual will know o pre-submittal meeting If we can assist in any way throughout the process, please )17) §71-2444 . CONTACT' NAME: 1. ]~f your project received review from the Board of Zoning Appeals (BZA), Plan Camm s,on, a d,or Carme,,C,ay Techn,ca, ,dv,so Camm,tree CT'CD, p,ease supp'y the associated docket numb,bel mdrs ada' :res. 2. At the pre-submittal meeting supply wmtten correspondence from the C ty of Carmel (aka "911 · Tax Map ~-- ~/~ -. ~.- .... _~.~, 3. Project number of the Const~ction Design Release (CDR) from the :naion~ Department of Fire & Building Services is: Please bring~ to the meeting, one for the permit file, one for the Carmel Fire Deportment. sewe~ permit(s) from the utili~ 5. Have ail requirements from the Carmel City Engineer's Office have been satisfied? YES c~ NO~N/A 6. Has project received approval from the Board of Public Works? [] ¥E$ C NO~ NIA Date of approval: __ ~ev..Ton ;~004 WEB 5:Perm~tsl¢OMMERCZAb/CommercialProceduresCURRENT Z ~. Have all requirements from Hamilton County offices have been satisfied? (Ex.: ~utlet erin t; Curb cut permit) PLEASE PRO'ThE copies of any required permits at P ~e meeting. 8. Three (3) sets of CERTIFIED drawings for submittal ore required (Plans must be exact duplicates of those submitted to and released by the 5tote Dept. of Fire & Building ~ces and must reflect what was approved by the Carmel-Clay Plan Commission or Board of Zoning Appeals.) 9. Provide conf rmation that any requmea recorded plats have been submitted to the Carmel/Clay Planning and Zoning office. 10. Please provide a landscape plan at this meeting; plan must reflect what was approved ~ the Car~n~ission.) _ ~ When al documents have been received, Building & Code Enforcement will submit the ILP package to the Carmel Fire Dept. (CFD) on your behalf for review approval. When the CFD has completed their review, Building & Code Enforcements review process will begin. We will notif the a licant w. hen the ~LP is re~d- fo~_,:ick-u and the cost of the ermit.. 'il our office receives the final CDR from the State, approwng all aspects · a conditional release ONLY and work and inspections can m stages of releases. ,,very a copy of the final before we can CDR from the State has, in most cases, been mailed to TEN_ANT SPACE PERMTI'$: Multi-la Tenants NOTE: Exemptions from besign Releose Requirement from the 5tote of Indiano ore covered under General Administrative Rule 675 IAC 12-6-4. ];f this Rule applies, you may still be required to obtoin o permit from the Dept. of Commumty 5~rvices under C,,~rmel City Code ~-700 ~ end Cormel~C,oy Zoning Ordinance Z-289, Chapter 29.0 Administration" section 29.4.2 ~rovement Location Permits. Rev. ~Tan 2004 WEB 5:Pcrmits/COMME~CIAL/CommercialProceduresCURREN~ 3 CITY OF compri, s vxc s Division~''' of Planning & Zoning LETTER of GRANT April 1 2005 Mary Solada BINGHAM MCHALE I0 West Market Sui~ 270C Indianapolis, llq 46204 Re: W stCann-l~ll's D~ 1050300 8ADLS ,.. ~ Dear Mary; l~ltociural Dos~gri~ Lighting, and Signag~ ~t (Al)ILS Amend) approvals for the property located ~t the 9901 Noah Miclfigan Road. APPROVED.. Dooket 0~030015 ADLS Amend. The Colnnlit'l~ appmvcd the request three (3) hi favor zoro (0) opposed the~by g~'a.nlirig the paition with the following conditions: 1, _I~. or cI~m~ea to r~ facades may be approwd by Stuff. 2. F,~locating tenant facade8 l~ay bc approved by Staff. In orde~ to assist thc l~partment~s rcview~ l)lea~e attach a copy of this letter when making application for permils regardini the improvements contained within this approval, Do not hc~ita~e ~o contact mc ifI can be of fur~h0r assistanca. Sincerely, Department of Community Services 317-571-2417 c~: J~ff K.~ndml], Bllildinl Comm/ssioncr DOCS Sarah L/llard 3 05030018 ADLS .~n~nd pb City of Carmel Carmel Clay Communications Center M~ch 18, 2005 Duke Reality Coporstion 600 E 96* St #1~0 Indianapolis, Indiana 46240 Attn: R~dney Reinhart Dear Rodney, This is formal notification ofaddresses assigned to thc project called Walnut Creek Marketplace. The following are the addresses a~signed to the project: · The big Retail Center - 10025 N Michigan Road All tenant spaces in each building with have to utilize suite numbers in the 100 series ~n increments of 10, except for the big retail which could use increments of 20 for future tenant space splits. The suite numbers will need to run left to right as you face the front of the building. Please be sure there is suil]cient signage along Michigan Road to signify ti're location of the Marketplace Center. Please keep this letter as proof of the addresses assigned, you will need to show it when applying for permits with the City of Carmel. If you have any questions or concerns feel free to contact me at the above number. Sin?rely, Bill Akers 9l 1 Operations Manager Carmel Communications Center (317} 57t-2585 n Numbe of Pages: (include cover sheet): c~ _ Commentsl sensitive and distribulJon, may contain 3umber(s) and return all cop/es April 27, 2005 City of Carmel Carmel Clay Comrmmications Camter 31 1,: AVEN2J~ N.W. CAP, M~[~ INDL%2qA 46032 317/$71-2580 Duke Reality Coporation 00 E 96~ St #100 lmd/anapolis, Indiana 46240 Attn: Rodney Reinha~ Dear Rodmey, This is follow up to'our phone conversation yesterday in regards to re-addressing the 2 out lots in Walnut Creek Market Place. The addresses a~e as follows: Lot 2 -~ 9893 N Mtchig~n Road (Old Address assigned 9855 N Michigan Rd) Lot 3 - 9873 IN Mieltigan Road ( Old address asmgned 9805 N Michigan Rd) Please b~.sure to provide this letter along with yottr previous letter to show that thc addresses have been changed. If youo have any questions please feel free to contact me ar the above number anytime. 91 LETTER OF TRANSMITTAL GENTLEMEN: COPIES FORH NO. DESCRIPTION THESE ARE TRANSMTrrED FOR YOUR ACT[ON AS ZNO[CATED: [3 Please sign and return the original and copies. [] Retain one copy for your file [] Returned to you for corrections as noted. REMARKS: For y~ur approval your files ? COPY TO: t0m Street Noblesville, IN 46060 SIGNE · L/Office (317) ~/~3-7770 www.co.hamilton.in.us_ Fax (317) 776-9814 A~REE~NT BETWEEN O~RER HAMILTON COUNTY, INDIANA FOR iNSPECTION AND TESTIN~ SERVICES SUBO~CT PROJECT: West Carmel Market: lace Such Inspection and Testing Services will De in accordance with the Indiana Department of Transportation policies and procedures, adopted by Hamilton County, and will insure acceptance of th~ project into the Hamilton C?unty system for maintenance, provided the policies, procedures, specifications and construction Plans are adhered to by the Owner and his representatives This Agreement does not include construction engineering or construction stake out. Hamilton County agrees to perform such Inspection and Testing Services w th Hamilton County personnel and/or an authorized representative of Hamilton County. The Owner agrees to notify the County s inspection agent a minimum of 24 hours prior to any work beginning or the resumption of work after a stoppage of more than 24 hours. The estimated time for completion of the project is XXX weeks or XXHours. The total estimated cost for Inspection and Testing Services is Six Thousand Seven Hundred ($6,700.00} dollars. -- The actual Inspection and Testing fee will be based on the County's contracr~ai Sate with the-Engineer employed for the Inspection and Testing services at the actual number of hours of inspection plus the actual cost for testing required to complete the project. The estimated cost for Inspection and Testing may not be exceeded without an Amendment to this Agreement. The Owner agrees to include one hundred (100) percent of the total estimated cost or Six Thousand Seven Hundred ($61700.00) dollars with this "Agreement" with the~heck made payable IN TESTIMONY WHEREOF, of , 20 reto set his hand this ~-%~'~ day BY: IN TESTIMONY WHEREOF Hamilton County hereby accepts the foregoing Agreement and has herewith set its hand this '~ 'day of~L~=~, 20~___~__- SSIONERS Attest: G:\U S ERS\SB~04agreemcms\l 0-12-O4wcarmel marketplace.doc Revised 4/11/03 AGREEMENT BETWEEN OWNER HAMILTON COUNTY, INDIANA West Carme approved p and Testing ith the Indiana d by Hamilton ct into the Hamilt?n County procedures, specifications and the Owner and his representatives. does not include construction engineering or construction agrees to perform such Inspection and Testing Services with : an authorized representative of Hamilton : a minimum of 24 ~ after a stoppage for completion of the project is XXX Weeks or XXHours. Testing Services is Six Thousand 0.00) dollars. and Testing fee will be based on the County's rate the Engineer empioye? for t~e Inspection and Testing the actual number of hours of inspection plus the actual cost for ired to complete the project. The estimated cost for Inspection be exceeded without an Amendment to this Agreement. The Owner agrees to include one hundred (100) percent of the total estimated c?st or Six Thousand Seven Hundred ($6,700.00) dollars with this "Agreement" with the reaaurer. IN TESTIMONY WHEREOF, the Owner has hereto set his hand this day of, 20 · BY: Name Attest: Attest: IN TESTIMONY h~IEREOF Hamilton County hereby accepts the foregoing Agreement and has herewith set its hand this day of, 20 HAMILTON COUNTY BOARD OF COMMISSIONERS HAMILTON COUNTY, INDIANA Attest: G:\US BRS',SB'/]4agrcemcn~s\ 10-12 -04wcarmel marketplace,doc Revised 4/11/03 EFFECTIVE 4/1/00 Requested By ~ Approved By t Reinhart Vendor Name Treasurer Vendor Address Date 1-11-04 Dam 11-11-04 NOTE: If this is a new vendor, please attach completed Vendor Forlm City, State, Zip 1700 South 10m Street _ __ Noblesville, IN 46060 CTI/Timbcrline Vendor ID Gross Amount Invoice No. $6~,700.00 Description Subcontract/PO SubJob Invoice Date Cost Code Amount O $ 6,700.00 ENTERED: MmL cm~CK: Y~S [] NO [] RETURN CHECK TO: Rodney Reinhart Date Needed By: 11-12-04 Dept: Shell Construction 11/11/04 3:00 PM -04 WEST CARME Road Inspect: Treasurer of Hamilton Co(IN) Fees .00 6700.00 DATE 1] NUMBER 50314 TOTAL> PLEASE DETACH AND RETAIN FOR YOUR RECORDS .o0 6700. 600 East 96th Street Suite 100 Indianapolis, IN 46240 Bank One, NA Columbus. OHIO 43271 DATE CHECK NO. November 12, 2004 50314 Pay'. .......... * ............. Six thousand seven hundred dollars and no cents · **~**.6 700 00 ' PAY Treasurer of Hamilton Co(IN) TOTHE 1700 S. 10th St ORDEROF Noblesville, IN 46060 Constructio. n/Stormwater Pollution Prevention Plan Technical Review and Comment (Form 1) West Carmel Marketplace Date: 11/26/04 Hydrologic Unit Code: Project Location Description: East side of US42l, 1/4 mile south of 106th Street Longitude:Lat- 39-55'-56"N Long- 86-13'-48"W Quarter: Section: 7 Township: ~ Corp. Contact: Mary Solada with Bingham McHale LLP Address: [0 West Market Street, 2700 Market Tower City: Indianapolis State: IN Phone: 317-635-8900 317-236-9907 FAX: Snelling County: Hamilton 5120201090070 17N Range: 3E Zip: 46204-4900 E-Mail: msolada @ binghammchale.com Affiliation: Woolpert LI~ Address: 7140 Waldemar Drive City: Indianapolis State: IN Zip: 46268 317-299-7500 FAX: 317-291-5805 E-Mail: John B. South P.E. CPESC Agency: Hamilton County Soil and Water Conservation District Address: 1108 South 9th Street City: Noblesville State: IN Zip: 46060 Phone: 317-773-2181 FAX: 317-776-1101 E-Mail: john-south@iaswcd.org Assisted By: plan satisfies the minimum requirements and intent of 327 IAC 15-5. [] Please. refer to additional information included on the following page(s). [] Submit Notice of Intent (NOI): Attach a copy of this cover page when submitting the NOI to the Indiana DepartmentofEnvironmentalManagement. Constructionactivitiesmaybegin48hoursfollowingthesubmittalof the NOL A copy of the NOI must also be sent to the Reviewing Authority (e.g. SWCD, DNR). [] A preliminary plan review has been completed; a comprehensive review will not be completed within the 28-day review period. The reviewing authority reserves the right to perform a comprehensive review at a later date and revisions to the plan may be required at that time to address deficiencies. [] Please. refer to additional information included on the following page(s). [] Submit Notice of Intent (NOI): Attach a copy of this cover page when submitting the NOI to the Indiana Department of Environmental Management. Construction activities may begin 48 hours following the submittal of the NOI. A copy of the NOI must also be sent to the Reviewing Authority (e.g SWCD. DNR). -'] PLAN IS DEFICIENT: Significant deficiencies were identified during the plan review. [] DO NOT commence land disturbing activities until all deficiencies are adequately addressed, the plan re- submitted, and notification has been received that the minimum requirements have been satisf~l. [] Plan Revisions [] Deficient Items should be mailed or delivered to the Principal Plan Reviewer identified in the Plan Review Section above. DNR. Division of Soil Conservation Page 1 of 8 Revised 12/09/03, Form 1 Construction/Stormwater Pollution Prevention Plan - Technical Review and Comment (Form 1) [] Yes review and comments are intended he project. The Plan submitted was not reviewed for the adequacy of the engineering design, ~s those recommended in the comments should be evaluated as to their feasibility measures designed by a qualified engineer. The Plan has not been reviewed y be required toproceed with this project. Additional information, be requested to.further evaluate the Plan. prevention measures and those referenced in this review must meet the design criteria "Indiana Stormwater Quality Manual"from the Indiana Department of Natural of Soil Conservation or similar Guidance Documents. plan review to: identified in the Plan Review Section on page 1, Assessment of Construction Plan Elements (Section A) [] No ~ubmittal to meet the requirements of the rule. Index showing locations of required Plan Elements Narrative describing the nature and purpose of the project Hydrologic unit code (14 Digit) site waters 100 year floodplains, floodways, and floodway fringes vegetative cover pipes, swales and channels) interval a patterns building lot numbers/boundaries and road layout/names nap showing project location and proposed site improvements (maas. utilities, structures, etc.) quality wetlands, lakes and e~ater courses on and adjacent to the site Identification of potential discharges to ground abandoned wells, sinkholes, etc.) and approximate boundaries of all disturbed areas (Construction Limits) limitations any off-site construction activities project (sewer/water tie-insI , at an interval appropriate patterns DNR, Division of Soil Conservation Page 2 of 8 Revised 12/09/03, Form l Construction/Stormwater Pollution Prevention Plan - Technical Review and Comment (Farm 1) Carmel Marketplace 12106104 :omponent o! includes stormwater quality' sedimentation, and other pollutants associated with land disturbance and inspections of the construction site are / to mintmize the discharge of pollutants~ The Project Site Owner should be aware that construction activities and weather conditions may affect the performance o fa practice or the must be a flexible document, with provtsions to modify or substitute Description of potential pollutant sources associated with construction activities stormwater qUality measure implementation relative to land disturbing 3 Stable construction entranee locations and specifications (at all points of ingress and egress~ 4 Sediment control measures for sheet flow areas r concentrated flow areas 6 Storm sewer inlet proteetion measure locations and specifications 7 Runoff control measures (e.g. diversions~ rock check dams, slope drains, etc .) · outlet protection specifications ~ locations and specifications dimensions, spocifications, and construction details of each stormwater quality measure Temporary surface stabilization methods appropriate for each season (include sequencing ) 12 Permanent surface stabilization specifications (include sequencing ) plan guidelines for each proposed stormwater quality measure for individUal building lots DNR. Division of Soil Conservation Page 3 of 8 Revised 12/09/03. Form 1 Construction/Stormwater Pollution Prevention Plan - Technical Review and Comment arketplace ate_Reviewed: 12/06/04 The manufacture will not weld single wall pipe because the standard slit perforations cio not meet the requirements for sed. basin risers, pipe or steel CMP. Perforations- Drill 10- 3/4" holes evenly around the pipe and space rows 4" O.C. Holes should extend all the way to the bottom of the riser Note- Comractor should already be working on this as prefabrication takes time. Recommend on sheet 403 to include information about dewatering bags. Please provide mewith an 1 l"x 17" copy of sheet 304 B 15- If there is a potential for future projects that are [ess than one acre. a practice stroh'nary is needed for these out lots. Please include the standards listed in Sec. 7.5 in Rule 5. cc: Carmel, Surveyor, File Pag, Revised 12 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We nlake Indiana a cleaner, healthier place to live. Mitchell E. Daniels, Jr: Governor Thomas W. Easterly VI~A CERTIFIED_MAIL Duke Construction, LP 600 East 96t~ Street Suite 100 Indianapolis, Indiana 46240 Dear Applicant: APRIL 4, 2005 7002 0510 0004 0440 0092 Re: 327 IAC Article 3 Construction Permit Application Plans and Specifications for Sanitary Sewer West Carmel Marketplace Permit Approval No. 17915 Carmel, Indiana Hamilton County 100 North Senate Avenue Indianapolis. Indiana 46204 (317) 232-8603 1800) 451-6027 www. IN.gov/idem The application, plans and specifications, and supporting documents for the above-referenced project have been reviewed and processed in accordance with rules adopted under 327 IAC Article 3. Enclosed is the Construction Permit (Approval No. 17915), which applies tO the construction of the above-referenced proposed sanitary sewer system to be located at 9901 North Michigan Road. Please revtew the enclosed permit carefully and become familiar with its terms and conditions. In addition, it is imperative that the applicant, consulting architect/engineer (A/E), inspector, and contractor are aware of these terms, conditions, and reporting and testing requirements. It should be noted that any person affected or aggrieved by the agency's decision in authorizing the construction of the above-referenced facility may, within fifteen (15) days from date of mailing, appeal by filing a request with the Office 0fEnvironmental Adjudication for an adjudicatory heating in accordance with IC 4-21.5-3-7 and IC 13-15-6. The procedure for appeal is outlined in more detail in Part III of the attached construction permit. Plans and specifications were prepared by Woolpert, LLP, certified by Mr. Gregory S. Snelling. P E., and' submitted for review on March 23, 2005. Recycled Paper ~ An Equal Opportunity Employer Pleca'e Recycle ~9 Any questions conceming this permit may be addressed to Mr. Willie D. Soliven, of our staff, at 317/232-8643. Questions conceming appeal procedures should be addressed to the Office of Environmental Adjudication. at 317/232-8591. WDS/pb Project No. M-16902 Enclosures CC; Sincerely, Kenneth A. Lee, Chief Facility Construction Section Office of Water Quality Hamilton County Health Department Hamilton County Connmssioner CTRWD Woolpert, LLP Hamilton County Highway Department Indianapolis Water Company Page 1 of 5 Permit Approval No 17195 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AUTHORIZATION FOR CONSTRUCTION OF SANITARY SEWER SYSTEM UNDER 327 lAC ARTICLE 3 DECISION OF APPROVAL Duke Construction, LP, in accordance with the provisions oflC 13-15 and 327 IAC Article 3 is hereby issued a permit to construct the sanitary sewer system to be located at 9901 North Michigan Road. The permittee is required to comply with requirements set forth in Parts I, II and III hereof. The permit is effective pursuant to IC 4-21.5-3-4(d). Ifa petition for review and a petition for stay of effectiveness are filed pursuant to IC 13-15-6, an Environmental Law Judge may be appointed for an adjudicatory hearing. The force and effect of any contested permit provismn may be stayed at that time. NOTICE OF EXPIRATION DATE This permit and the authorization to initiate construction of this sanitary sewer system shall expire at midnightMay 1, 2006. In order to receive authorization to beg~n construction beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management at least sixty (60) days prior to the expiration date. Signed this 4TI-I_ day of APRIL _ ,20 05_, for the Indiana Department of Environmental Management. Kenneth A. Lee, Chief FaciliD Construction Section Office of Water Quality Page 2 of 5 Permit Approval No 17195 SANITARY SEWER SYSTM DESCRIPTION It is proposed to install approximately 70 feet of 8-inch diameter PVC ASTM D-3034 (SDR 35) sanitary sewer to serve one commercial lot in the referenced project with an expected total average flow of 22,000 gPd. The new sewer will be connected to an existing 15-inCh diameter sanitary sewer located approximately 1,000 feet south of the intersection of Commerce Drive and Retail Parkway. Inspection of the new sanitary sewer during construction, maintenance after completion and wastewater treatment will be provided by CTRWD. CONDITIONS AND LIMITATIONS TO THE AUT ORIZATI_ON FOR CO _NSTRUCTION OF SANITARY SWERS During the period beginning on the effective date of this permit and extending until the expiration date, the permittee is authorized to construct the above described sanitary sewer system. Such construction shall conform to all provisions of State Rule 327 IAC Article 3 and the following specific provisions: PART I SPECIFIC CONDITIONS AND LIMITATIONS TO THE CONSTRUCTION PERMIT Unless specific authorization is otherwise provided under the permit, the permittee shall comply with the following conditions: 1. All local permits shall be obtained before construction is begun on this project. 2. If pollution or nuisance conditions are created, immediate corrective action will be taken by the permittee. 3. The separation of sanitary sewers from water mains and drinking water wells must complywith 327 IAC 3-6-9. 4. All gravity sewer pipe must be leak tested using either a hydrostatic test or air test in accordance with 327 IAC 3-6-19(d). If using a hydrostatic test, the rate of exfiltration or infiltration shall not exceed 200 gallons per inch of pipe diameter per linear mile per day. Air test shall be as prescribed. Page 3 of 5 Permit Approval No 17195 The results of the gravity sewer leakage test and/or force main leakage test on the completed sewer shall be submitted to this office within three months of completion of construction. Deflection tests must be performed on all flexible pipe after the final backfill has 'peen in place at least 30 days. No pipe shall exceed a vertical deflection of 5%. Deflection test results shall be submitted with the inflltration/exfiltration test results. (The following are considered nonflexible pipes: vitrified clay pipe, concrete pipe, ductile iron pipe, cast iron pipe, asbestos cement pipe.) Manholes shall be air tested in accordance with ASTM C1244-93, Standard Test Method for Concrete SewerManholes by the Negative Air Pressure (Vacuum) Test. The manhole test results shall be submitted with the gravity sewer leakage test results. Failure to submit test results within the allotted time period or failure to meet guidelines as set forth in the above conditions could be subject to enforcement proceedings as provided by 327 IAC 3-5-3. Page 4 of 5 Permit Approval No 17195 PART II GENERAL CONDITIONS No significant or material changes inthe scope of the plans or construction of this projecl shall be made unless the following provisions are met: a. Request for permit modification is made 60 days in advance of the proposed significant or material changes in the scope of the plans or construction: b. Submit a detailed statement of such proposed changes; c. Submit revised plans and specifications including a revised design summary; and d. Obtain a rewsed construction permit from th~s agency. This permit may be modified, suspended, or revoked for cause including, but not limited to the following: a. Violation of any term or conditions of this permit: b. Obtaining this permit by misrepresentation or failure to disclose f~lly all relevant facts. Nothing herein shall be construed as guaranteeing thai the proposed sanitary sewer system shall meet standards, limitations or requirements of this or any other agency of state or federal government, as this agency has no direct control over the actual construction and/or operation of the proposed project. If this project will require the discharge of dredged or fill material into waters of the state, your project will require authorization from the U. S. Army Corps of Engineers and IDEM-OWQ-Section 401 Water Quality Certification Program. For more information contact IDEM-OWQ at 317-233-8488 or visit our web site at h .~.in.g.ov/idem/water/l~lanbr/401/inde_x.html Page 5 of 5 Permit Approval No 17195 PART III APPEALS PROCEDURE Anyone wishing to challenge this agency's decision for authorizing the construction of this facility may do so, provided that a petition for administrative review is filed as required by IC 4-21.5-3-7. The petition must be submitted within fifteen (15) days of the date of mailing of this permit notification. The petition must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by this decision, or otherwise entitled to review by law. Additionally, IC 13-15-6-2 requires that your petition include: 1. The name and address of the person making the request; 2. The interest of the person making the request; 3. Identification of any persons represented by the person making the request; 4. The reasons, w~th particularity, for the request; 5. The issues, with particularity, proposed for consideration at the hearing; and Identification of the permit terms and conditions which, in the judgement of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing permits of the type granted or denied by the Assistant Commissioner's action. Pursuant to IC 4-21.5-3-1(f), any document serving as a petition for review or rewew and stay must be filed with the Office of Environmental Adjudication. Filing of such a document is complete on the earliest of the following dates: The date on which the petition is delivered to the Office of Environmental Adjudication, Indiana Government Center North, 100 North Senate Avenue. Room 1049, Indianapolis, Indiana 46204; b. The date of the postmark on the envelope containing the petition, if the petition is mailed by United States mail: or The date on which the petition is deposited with a private carrier, as shown by a receipt issued by the carrier, if the petition is sent by private carrier. INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. Joseph Es Kernan Lori F. Kaplan 100 North Senate Avenue P.O. Box 6015 Indianapolis, Indiana 46206-6015 (317) 232-8603 (800) ,451-6027 www. IN. gov/idem VIA CERTIFIED MAIL 7002 0510 0004 2630 2985 November 22,2004 Mr. Tom McLaughlin Duke Realty, Inc. 600 E. 96th St Suite 200 Indianapolis, IN 46240 Dear Mr. McLaughlin: Re: Section 401 Water Quality Certification Project: West Carmel Marketplace IDEM No.: 2004-471-29-EME-A COE No.: 200400602-aka County: Hamilton Office of Water Quality staffhas reviewed your application for Section 401 Water Quality Certification dated August 31, 2004, and r~ceived September 2, 2004. According to the application, you propose to impact 40 feet of Crooked Creek and place 0.009 acre of riprap below the Ordinary High WaterMark (OHWM) for a temporary~ stream crossing. You also propose to impact 102 feet of an unnamed tributary of Crooked Creek (0.02 acre riprap below the OHWM) to facilitate the creation of a permanent road crossing. You also propose filling 0.09 acre o~jurisdictional scrub-shrub wetland. Proposed mitigation for the creek and jurisdictional wetland impacts is the enhancement of 1.44 acres of existing disturbed onsite · ' · " ic wetland, Specffically, the apphcant proposes to plant approxnnately 70 1.5 DBH hydrophyt trees and 80 containerized hydrophytic shrubs in the wetland and plant a 15-foot prairie buffer around the wetland. The project is located in Section 7, Township 17 North, Range 3 East in Cannel, Hamilton County. The project also proposes impacts to four Class I isolated emergent wetlands totaling 0.53 acre that are regulated separately under the State Isolated Wetlands law (Indiana Code 13-18-22). Impacts to isolated wetlands ar~ not authorized under this Water Quality Certification Proposed impacts to isolated wetlands will be evaluated under the applicable provisions of Indiana Code 13-18-22. Based on available information, it is the judgment of this office that the proposed project will comply with the applicable provisions of 327 IAC 2 and Sections 301,302, 303, 306, and 307 of the Clean Water Act if the recipient of the certification complies with the conditions set Please Recycle Recycled Paper ~ An Equal Opportunit'y Employ~ The written request shall contain an account of which discharges and mitigation have been completed and list the reasons an extension is requested. PROJECT SPECIFIC CONDITIONS: The recipient of the certification shall: Implement the enhancement/rehabilitation plan as described in (a) the ,a,~plication received SePtember 2, 2004 (referred to collectively hereinafter as the 'mitigation plan"), and as modified by the conditions of this certification. The wetland(s) ~reated or enhanced pursuant to the mitigation plan shall be referred to hereinafter as the "mitigation wetland" or "mitigation wetlands." Complete all activities necessary to create the mitigation wetland with/n one (1) year of the effective date of this certification, unless IDEM grants a written extension upon request. These activities include excavation, grading, installation of hydrologic contxols, and planting. Clearly identify on-aite all mitigation wetlands after construction of the mitigation wetlands. Install surveymarkerstoidentifytheboundariesofthewetlands. If the mitigation wetlands to be created are adjacent to or near existing wetlands, then the survey markers must distinguish the created wetland from the existing wetland. . Monitor the mitigation wetland annually to determine whether it is achieving the success criteria contained in Project Specific Condition 8 of this certification and iccOmplete corrective actions as are n. ecessary to ensure the mitigation wetland wilt hieve the success within the required period. These corrective actions may hide additional grading, plantings, or relocation of the mitigation wetland, along with extended monitoring. Describe in the monitoring rePorts any corrective actions taken to ensure success of the mitigation site. Submit annual monitoring reports of the mitigation wetland to this office by December 31 of each year until released l~om monitomg by this office. These reports shall contain information concerning what stePs the recipient of the certification has taken to create the mitigation wetland and whether the wetland is achieving each of the success criteria o~tlined in Project Specific Condition 8. The rePorts shall include the following: a The IDEM identification number. b. As-built plans (in the first year's rePort). c. Discussion of hydrology at the mitigation site. d. Discussion of plant community development at the mitigation wetland site. e. Discussion of methods or means used to determine compliance with the success criteria. inclu.ding fill material, in them .o,r th.e. ir excavation shall be prohibited. A copy of the signed and recorded modification to the deed shall be filed with this office within sixty (60) days of the recipient of the certification's release from monitoring requirements. 10. Remove any temporary causeway or other structures used to facihtate construction or access upon completion of construction activities. 11. Install silt fence or other erosion control measures around the perimeter of any wetlands and/or other waterbodies to remain undisturbed at the project site. 12. Work fi:om only one side of the stream, and where possible, from the side which does not have adjacent wetlands. If no wetlands are present, work from the side with the fewest trees and woody vegetation. 5both banks are equally vegetated, work only from the'north or east side, whiche~ er is appropriate. 13. Allow no construction equipment, temporary run-arounds, coffer dams, causeways, or other such structures to enter or be constructed within the stream, unless specifically stated, depicted, or detailed in the aforementioned correspondence and project plans. A modification of this Section 401 Water Quality Certificatior~ is required fi:om this office if any of the aforementioned items are needed for project construction. This certification doesnot relieve the recipient of the responsibility of obtaining any other pema~ts or authorizations that may be required for this project or related activities from IDEM or any other agencyor 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. In addition, you may wish to contact IDEM's Stormwater Permits Section at 317-233-1864 concerning the possible need for a ~27 IAC 15-5 (Rule 5)permit if you plan to disturb greater than one (1) acre of soil during construction. This certification does not: (1) authonze impacts or activities outside the scope of this certification; (2) authorize any injury to persons or private property or invasion of other private fights, 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 pcmxdts 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 Section 401 Water Quality Certificatio~may result in enforcement action against the recipient of the certification. If an enforcement action is pursued, the recipient of the certification could be assessed up to $25,000 per day in civil penalties. The recipient of the certification may also be subject to criminal 5 If you have any questions about this certification, please contact Ms. Liz Elverson, Project Manager, of my staff at 317-233-2482, or you may contact the Office of Water Quality through the IDEM Environmental Helpline (1-800-451-6027). Sincerely, Martha Clark Mettler, Chief oWffiatershed Planning Branch ce of Water Quality Enclosure - Sample Deed Restriction CC: Amy Sharp, USACE-Indianapohs Liz McCloskey, USFWS Brian Boszor, IDNR Jeff Moody, Williams Creek Consulting Amber Carson-Crane, North Augusta Neighborhood Association 7 Operations Division Regulatory Branch (North) ID No. 200400602-aka DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT. LOUISVILLE CORPS OF ENGINEERS INDIANAPOLIS FIELD OFFICE 9799 BILLINGS ROAD INDIANAPOLIS, INDIANA 46216-t055 FAX: ;317) 532,,4228 December 20, 2004 Mr. Tom McLaughlin Duke Realty Corporation 600 East 96ch Street, Suite 100 Indianapolis, Indiana 46240 Dear Mr. McLaughlin: This is in response to your request for a Department of the Army Permit to fill a 0.09-acre scrub-shrub wetland, construct a permanent crossing over approximately 102 linear feet of an unnamed tributary to Crooked Creek requiring the fill of approximately 0.02 acres below the ordinary high w~ter mark of Crooked Creek, and construction of a temporary crossing over 40 feet of Crooked Creek requlrin~ the fill of approximately 0.009 acres below the ordinary high water mark of Crooked Creek. These lmpacss are proposed to facilizate the development of the West Carmel Marketplace shopping center. The proposed project is located in the southeast quarter of Section 7, Township 17 North, Range 3 Ease, northwest of Indianapolis, in Hamilton County, Indiana. Under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA), the Louisville and Detroit Districts issued Regional General Permit (RGPI No. 1 on February 11, 2000, for certain activities having minimal impact in Indiana. We have verified that your proposed work shown on the enclosed plans and described below is authorized under the RGP. Therefore, you may proceed with the work subject to the enclosed general conditions, ~he Indiana Department of Environmental Management (IDEM, Section 401 Water Quality Certification dated (WQC) November 22, 2004, the mitigation plan dased July 2004 and any noted special conditions. The following work is authorized: Placemen~ of clean earthen fill material into 0.09 acres of scrub-shrub wetland and placement of riprap/culverts into 0.029 acres of Crooked Creek and its unnamed tributary. Special Conditions: so The temporary crossing within Crooked Creek should be removed and pre-construction contours should be restored no later than November 1, 2005. Written verification that this measure has been met should b~ provided to the above address by November 15, 2005. of planting. Monitoring should commence in the last month of uhe 2005 growing season. The first moniuorlng report will be due after the 2006 growing season. Copies of monl5orlng reports should be provided to this office no later than December 31. c. A copy of the conservation easement/deed restriction for the mitigaulon area, including associated buffer, should be provided co this office within 30 days of release by this office from further monitoring of the mitigaulon site. Any new construction activlty other than that shown on the attached plans may not qualify for the RGPo If your plans change or if additional activiu~es are proposed, please submit revised plans co this office for review prior to construction° Enclosed is a ~'Notice of Authorization" to be displayed at the construction site in a conspzcuous place. Upon sompletion of the work authorized by this RGP, the enclosed Compliance Certificau~on form musu be completed and reuurned to this office. A copy o~ this letter will be senu uo the Indiana Department of Environmental Management and your agent (see enclosure for address). If you have any questions concerning this maurer, please con~act this office at the above addressj ATTN: CELRL-OP-FN or call me at (317) 532-4198. Any correspondence on this matter should refer uo our ID Number 200400602-aka. Sincerely, Amy K. Sharp Project Manager Regulatory Branch Enclosure Com '_ rice Certifi=ation~ Permit Number: 200400602~aka Name of Permittee: Tom McLaughlin Date of Issuance: December 20, 2004 Upon completion of the activity authorized by this permit and any mitigation required by this permit, sign this certification and re~urn it to the following address: U,S. Army Corps of Engineers At[n: Ms. Amy Sharp; OP~FN 9799 Billings Road Indianapolis, Indiana 46216 Please note uhat your permitted acuivity is subjecu uo a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail 5o comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the 5erms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of P----~rmittee -- Pate -- -- ADDRESS FOR COORDINATING AGENCY Ms. Liz Elverson Indiana DeDarLmenn of Envzronmental Managemen5 Office of WaSer Quality P.O. Box 6015 Indianapolis, Indzana 46206-6015 ADDRESS FOR AUTHORIZED AGENT Mr. Jeff Moody Williams Creek Consulting~ Inc. 846 N. Sena%e Avenue Indianapolis, Indiana 46202 RGP GENERAl_ CONDITIONS: 1. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site). The permittee shall provide a mitigation/monitoring plan for any activity where the adverse impact on special aquatic sites exceeds 0.10 acre (4,356 sq. f~.) or is determined to be more than minimal impact. In determining the minimal impact threshold, theDistricts will consider the direct and secondary impacts of the fill or work and any mitigation measures. A wetland delineation report is also required. NOTE: An important element of any mitigation plan for projects in or near streams, other open waters and wetlands is the requirement for vegetated buffers~ Therefore, all mitigation plans should include a minimum 50-foot wide buffer between the edge ofthe project site and the waters and/or wetlands to be affected unless a lesser distance has been specifically approved under ~he RGP. 2. The permittee shall, if mitigation is required, develop the mitigation site concurrently with site construction. This will assure that aquatic functions are not lost for long periods of time which could adversely affect water quality and wildlife. 3. The permittee shall ensure that sedimentation and soil erosion control measures are in place prior to any construction activity. This shall include the installation of straw bale barriers, silt fencing and/or other approved methods to control sedimentation and erosion. 4. The permmee shall ensure that areas disturbed by any construction activity, including channel banks, are immediately stabilized and revegetated with a combination of grasses, legumes and shrubs compatible to the affected area. 5. The permittee shall ensure that all In-stream construction activity is not performed during periods of high stream flow or during the fish spawning season between April 1 through June 30 without first contacting the IDNR, Division ofFish and Wildlife for their expertise on impacts to the fishery resource. Additionally, the discharge of dredged and/or fill material in known waterfowl breeding areas must be avoided to the maxin~um extent practicable. 6. The permittee will ensure that the activity authorized will not disrupt movement of those aquatic species indigenou~ to the waterbody, including those species which normally migrate through the area unless the activity s specific purpose is to impound water. 7. The permittee shall ensure that all construction equipment is refueled and maintained on an upland site away from existing streams, drainageways and wetland areas. Heavy equipment working in wetlands must be placed on mats, or other measures taken to minimize soil disturbance. 8. The permittee must provide a copy of the site specific State Section 401 WQC before the Corps will authorize a project under the RGP. 9 The permittee must comply with any case specific special conditions added by the Corps or by the State Section 401 WQC. The conditions imposed in ~e State Section 401 WQC are also conditions of this RGP. 10. The permittee shall assure that no activity authorized by the RGP may cause more than a minimal adverse effect on nawgation. 11. The permit-tee shall ensure proper maintenance of any structure or fill authorized by this RGP, including maintenance to ensure public safety. 12 The permittee shall no,,t, perform ~y work within any Wild and Scenic Rivers or in any river officially designated as a S~udy dyer for Possible inclusion in the system, unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity authorized by the RGP will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal Land Management agency in the area (e.g.U.S. Forest Service, Bureau of Land Management or the U.S. Fish a~d Wildlife Service). 13. The permittee shall not perform any work under the RGP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Xct, or whi~ia is likely to destroy or adversely modify the critical habitat of such species. The permittee shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall no~ begin work under the RGP until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Authorization of an activity under the RGP does not authorize the "take" ora threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act. 14. The permittee shall not perform any activity under the RGP which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places until the District Engineer has complied wi~h the provisions of 33 CFR Part 325, Appendix C. The permittee must notify the District Engineer if the activity authorized by the RGP may affect any historic properties listed, determined to be eligible or which the permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin construction until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology. If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the activity authorized by the RGP, work must be immediately stopped and this office immediately notified of what you have found. The District will initiate the Federal, tribal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 15. The permittee shall not perform any work under the RGP where the discharge of dredged and/or fill material would occur in the proximity of a Public water supply intake except where the activity is for the repair of the public water supply structure or adjacent b~k stabilization. 16. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material may consist of unsuitable materials (e.g. trash, debris, car bodies, asphalt, etc.) and that materials used for construction or discharge must be free from toxic pollutants in toxic alnounts. 17. The permittee shall, to the maximum extent practicable, design the project to maintain pre- construction downstream flow conditions. Furthermore, the work must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose is to impound water) and that the structure or discharge of fill mUSt withstand expected high flows. The project must provide, to the maximum extent practicable, for retaining excess flows from the site and for establishing flow rates from the site similar to pre-construction conditions. 18. The permittee shall ensure that if the activity approved by the RGP includes impoundment of water, measures will be taken to minimize adverse effects on the aquatic ecosystem caUsed by the accelerated passage of water and/or the restriction of flow. 19. The permittee shall ensure that all temporary fills, authorized under the RGP, be removed in their entirety and the affected areas returned to pre-construction elevation. 20. Representatives from the Corps of Engineers and/or IDEM may inspect any authorized activity or mitigation site at any time deemed necessary to ensure compliance with the terms and conditions of the RGP, Section 401 WQC, and applicable laws. 21. All work authorized by this RGP must be completed bythe expiration date of this RGP or 1 year after the date of the Corps authorization letter, whichever occurs later. If you find you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 3 months before the expiration date. 22. The permittee after completion of work under the RGP shall submit a signed certification letter regarding the completed work and required mitigation, if applicable. The certification letter will include a statement that the work was done in accordance with the RGP authorization 3 including compliance with all general and special conditions and completion of mitigation work. EXPIRATION DATE'. This Regional General Permit will be in effect for a period of f~.five 5 ears At the end of the 5-year period, the impact of the authorized activities will be evaluated and a decision made whether or not to renew this permit. Further, the Districts may, at any time during this 5-year period, alter, modify, or revoke this permit, should it be determined that such action would be in the overall public interest. Information pertaining to this Regional General Permit including the Combined Decision Document is available for public examination during normal business hours upon prior request. Any questions pertaining to this regional permit should be addressed to M~. t~ff EM~e~, CEORL-OP-FN at the address noted above and should refer to Regional General Permit No.1. Additionally, questions can be submitted by e-mail at ~ 5~d?:M~ej ~lrl02.usace.arm..y.mil. INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. Joseph E. Kernan Governor Lori F. Kaplan Commissioner 100 North Senate Avenue P.O. Box 6015 Indianapolis, Indiana 46206-6015 (317) 232-8603 (8O0) 451-6O27 www,IN, gov/idem VIA CERTIFIED MAIL 7002 0510 0004 2581 5448 December 15, 2004 Mr. Tom McLaughlin Duke Realty, Inc. 600 E. 96th St., Suite 200 Indianapolis, IN 46240 Dear Mr. McLaughlin: Re: Approval of State Isolated Wetland Permit Review Timeframe Expiration Project: West Carmel Marketplace IDEM No.: IWlP 2004471-29-EME-A COE No.: 200400602-aka County: Hamilton Office of Water Quality st~fhas reviewed your application for a State Regulated Wetland Permit, as specified under Indiana Code (IC) 13-18-22, dated August 31, 2004, and received September 2, 2004. This office has also reviewed modifications to the mitigation plan submitted on your behalf by Mr. Jeff Moody of Williams Creek Consulting dated September 17, 2004, and received by this office on September 20, 2004. According to the application, you propose to ~mpact four Class I isolated wetlands totaling 0.53 acre to facilitate the construction of a commercial development to be known as West Carmel Marketplace. You are claiming Wetland F as a Class I exemption (0.34 acre); therefore, you are applying for an Isolated Wetland Individual Permit to place fill material into three Class I isoiated wetlands totaling 0.19 acre2 As mitigation for these impacts, you propose to create 0.20 acre of Class II wetland unsite adjacent to jurisdictional wetland D. 2~he p}oject is located northeast of the intersection of 96th Street and Michigan Road CO.S. 421) (Section 7, Township 17 North, Range 3 East) in Carmel, Hamilton County. In accordance with IC 13-18-22-7 (b) (2) your application was reviewed under the timeframes established for permits needed to impact Class I State Regulated Wetlands. Further, lC 13-18-22-8 (c) states that a permit is considered issued after thirty (30) days of the date of receipt. Since the review timeframe has expired, your project as described in your application dated August 31, 2004, and received September 2, 2004 is hereby issued. The project must be executed as per the information contained in your application and in compliance ~ith the applicable provisions of IC 13-18-22. Recycled Papeg ~ An Equal Opportunity Employer Please Recycle to have been deposited with a private cartier on the private carder's receipt, if sent by private career. Identifying the approval, decision, or other order for which you seek review by number, name of the applicant, location, or date of this notice will expedite review of the petition. Note that ifa petition for review is granted pursuant to IC 4-21.5-3~7, the petitioner will, and any other person may, obtain notice of any preheating conferences, preliminary heatings, heatings, stays, and any orders disposing of the proceedings by requesting copies of such notices fi.om OEA. If you have procedural questions regarding filing a petition for review you may contact the Office of Environmental Adjudication at 317-232-8591. If you have any questions about this decision, please contact Ms. Liz Elverson, Project Manager, of my staff at 317-233-2482, or you may contact the Office of Water Quality through the IDEM Environmental Helpline (1-800-451-6027). Sincerely, Martha Clark Mettler, Chief Watershed Planning Branch Office of Water Quality CC.' Mike Litwin USFWS Brian Boszor, IDNR Jon Dobosiewicz, City of Cannel-Division of Planning and Zoning Jeff Moody, Williams Creek Consulting Amber Carson-Crane, North Augusta Neighborhood Association Mitchell E. Daniels. Jr. Governor Thomas W. Easterly Comm*ss~oner 100 North Senam Avenue Ino*anapolis, Indiana 46204 3171 232-8603 (800) 451-6027 ~ IN.govhoem March 11. 2005 Dear Storm Water General Permit Applicant: Re~ Notice of Sufficiency INR101978 West Carmel Marketplace Hamilton County The Notice of Intent (NOB letter submitted to the Indiana Department of Environmental Management (IDEM) for the above-mentioned project is sufficient to comply with the NOI letter requirements of 327 IAC 15-5 (Rule 5). You must comply with all of the requirements of 327 IAC 15-5 (Rule 5). In accordance with 327 IAC 15-5-10, you are required to implement your Construction Plan, maintain the erosion control structures until your project is complete, and amend your NOI as dates or other facts change. All Notices of Intent submitted for Rule 5 NPDES General Permit coverage are automatically limited to h maximum term length of 5 years, IAW with 40 Code of Federal Regulation~ 122.467), (regardless of the estimated end date provided o~ the Notice of Intent form/letter). All projects requiring coverage beyond the 5 years must re~pply for a new permit 90 days prior the expiration date, This project permit = is INR101978 and provided project name is West Carmel Marketplace and is located in Hamilton County. This information is required for all correspondence that is submitted to IDEM pertaining to this prqiect. NOTE: This Notice of Sufficiency does not constitute approval of your Erosion/Sediment Control Plan (E/SCP), nor does it sUP e-r-sede the requirements of your local So~l & Water Conservation District Office (SWCD) or the lndian'a Department of Natural Resources, Division of $oil Conservation (DNR). Questions regarding the development or implementation of the E/$CP may be directed to the local county SWCD or if you are unable to re'ach the SW~D, please contact DNR at 317)233-3870. Any other questions regarding Rule 5 requirements may be directed to the IDEM Rule $ Coordinator at 317/233-1864 or 800/451-6027 ext. 31864. For info and forms visit: htt ://ww~v.in.,~'ov/iddm/water/n des/ ermlts/wetwthr/storm/rule5.html Sincerely, Jay A. Davis. Rule 5 Coordinator Construction Storm Water Permitting Urban Wet Weather Section Office of Water Quality