Streams and Wetlands Permit.pdf

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

100 N. Senate Avenue • Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov

Eric J. Holcomb Bruno L. Pigott Governor Commissioner

An Equal Opportunity Employer

Recycled Paper

Section 401 Water Quality Certification

IDEM Authorization Number: 2020-084-51-TMS-A

USACE Number: LRL-2019-71-lcl

Project Name: Underwater Launch Test Facility

Authority: 327 IAC 2. CWA Sections: 301, 302, 303, 306, 307, & 401

Date of Issuance: April 8, 2020

Impacts must be completed by: April 8, 2022

Approved:

Brian Wolff, Branch Chief Surface Water, Operations, and Enforcement Office of Water Quality

Applicant / Permittee: Commander Joel McMillan NAVFAC MIDLANT PWD Crane 300 Highway 361 Crane, IN 47522

Agent: Brady Miller NAVFAC MIDLANT PWD Crane – Environmental 300 Highway 361, Building 3245 Crane, IN 47522

Project Location: Martin County Latitude 38.89171, Longitude -86.86554 The project is located on Highway 486 approximately 0.8 miles to the northeast of its intersection with Highway 5 in NSA Crane Naval Base.

IDEM No. 2020-084-51-TMS-A

Project Description: Filling 892 linear feet of ephemeral stream, 0.174 acre of forested wetland, and 0.083 acre of emergent wetland to construct a new facility.

Convert 0.103 acre of forested wetland to emergent wetland to establish and maintain a utility line right-of-way corridor.

Wetland and stream in-lieu fee credits will be purchased from the Indiana Stream and Wetland Mitigation Program in the Lower White Service Area to compensate for impacts to Waters of the State.

Authorized Impacts

STREAM IMPACT(S) Length of Impact (linear feet) Type of Impact: Ephemeral Intermittent Perennial Filling for facility construction 892

WETLAND IMPACT(S) Area of Impact (acres)

Type of Impact: Open Water Emergent Scrub/Shrub Forested

Filling for facility construction 0.083 0.174 Utility Line ROW conversion 0.103

Project Mitigation

MITIGATION BANKS AND IN-LIEU FEE Stream (Linear Feet) Type of Purchase Ephemeral Intermittent Perennial Bank Credits:

In-Lieu Fee Credits: 892

MITIGATION BANKS AND IN-LIEU FEE Wetland (Acres) Type of Purchase Emergent Scrub/Shrub Forested Bank Credits In-Lieu Fee Credits 0.166 1.0

Mitigation Location: Lower White Service Area

Application Signed: January 27, 2020

Application Received: January 29, 2020

Application Amendments Received:

March 4, 2020

Based on available information, it is the judgment of this office that the impacts from the proposed project as outlined by this Section 401 Water Quality Certification and described in your application will comply with the applicable provisions of 327 IAC 2 and Sections 301, 302, 303, 306, and 307 of the Clean Water Act if you comply with the conditions set forth below. Therefore, subject to the following conditions, the Indiana Department of Environmental Management (IDEM) hereby grants Section 401 Water Quality Certification for the project described in your application. Any changes in project design or scope not detailed in the application described above or modified by this Section 401 Water Quality Certification are not authorized.

Failure to comply with the terms and conditions of this Section 401 Water Quality Certification may result in enforcement action against you. If an enforcement action is pursued, you could be assessed up to $25,000 per day in civil penalties. You may also be subject to criminal liability if it is determined that the Section 401 Water Quality Certification was violated knowingly or intentionally.

Conditions of the Section 401 Water Quality Certification

1.0 General

(a) Implement the project as depicted and described in the application for Section

401 Water Quality Certification.

(b) Complete all approved discharges no later than two (2) years after the date of issuance of this Section 401 Water Quality Certification. You may request a one (1) year extension to the Section 401 Water Quality Certification by submitting a written request ninety (90) days prior to the deadline stated above.

The written request shall contain an account of which discharges and mitigation have been completed and list the reasons an extension is requested.

(c) Allow the commissioner or an authorized representative of the commissioner

(including an authorized contractor), upon the presentation of credentials:

(1) to enter your property, including impact and mitigation site(s);

(2) to have access to and copy at reasonable times any records that must be kept under the conditions of this certification;

(3) to inspect, at reasonable times, any monitoring or operational equipment or method; collection, treatment, pollution management or discharge facility or device; practices required by this certification; and any mitigation wetland site;

(4) to sample or monitor any discharge of pollutants or any mitigation site.

2.0 Mitigation

(a) Implement the mitigation plan as described in the application (referred to collectively hereinafter as the “mitigation plan”), and as modified by the conditions of this certification.

(b) Provide proof of purchase of 1.166 acre of in-lieu fee wetland credits and 892 linear feet of in-lieu fee stream credits in the Lower White Service Area from the Indiana Stream and Wetland Mitigation Program (IN SWMP):

(1) Within one (1) year of the date of this authorization;

(2) Before authorized impacts to waters of the State, whichever comes first. Be aware that credits may not be available at all times.

Failure to purchase credits by the required date may result in additional mitigation requirements to compensate for temporal loss.

3.0 Erosion and Sediment Control

(a) Implement erosion and sediment control measures on the construction site prior to land disturbance to minimize soil from leaving the site or entering a waterbody. Erosion and sediment control measures shall be implemented using an appropriate order of construction (sequencing) relative to the land-disturbing activities associated with the project. Appropriate measures include, but are not limited to, silt fence, diversions, and sediment traps.

(b) Monitor and maintain erosion control measures and devices regularly, especially after rain events, until all soils disturbed by construction activities have been permanently stabilized.

(c) Use run-off control measures, including but not limited to diversions and slope drains. These measures are effective for directing and managing run-off to sediment control measures and for preventing direct run-off into waterbodies.

(d) Install and make appropriate modifications to erosion and sediment control measures based on current site conditions as construction progresses on the site. The Indiana Storm Water Quality Manual or similar guidance documents are available to assist in the selection of measures that are applicable to individual project sites.

(e) Implement appropriate erosion and sediment control measures for all temporary run-arounds, cofferdams, temporary causeways, temporary crossings, or other such structures that are to be constructed within any waters of the state. Minimize disturbance to riparian areas when constructing these structures.

(f) Cut and fill slopes located adjacent to wetlands and streams (including encapsulated streams) or that directly discharge to these aquatic features are to be stabilized using rapid/incremental seeding or other appropriate stabilization measures.

(g) Stabilize and re-vegetate disturbed soils as final grades are achieved. Initiation of stabilization must occur immediately or at a minimum within the requirements of a construction site run-off permit after work is completed. Use a mixture of herbaceous species beneficial for wildlife or an emergent wetland seed mix wherever possible and appropriate. Tall fescue may only be planted in ditch bottoms and ditch side slopes and must be a low endophyte seed mix.

(h) As work progresses, areas void of protective ground cover shall be re-vegetated. Areas that are to be re-vegetated shall use seeding and anchored mulch. If alternative methods are required to ensure stabilization, erosion control blankets may be used that are biodegradable, that use loose-woven/leno-woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles (follow manufacturer’s recommendations for selection and installation).

Mulch must be anchored. Anchoring shall be appropriate for the site characteristics such as slope, slope length, and concentrated flows. Anchoring methods may not include loose netting over straw, but can range from crimping of straw, erosion control blankets as specified above that minimize wildlife entrapment, or net free blankets. Tackifiers with mulch and hydro-mulch are acceptable and shall be applied to the manufacturer specifications.

4.0 Construction

(a) Do not clear trees within the project boundaries during April 1 through

September 30 in order to protect any habitat suitable for the federally endangered Indiana Bat (Myotis sodalis) and the federally threatened Northern Long Eared Bat (Myotis septentrionalis) unless a waiver has been issued by the US Fish and Wildlife Service.

(b) Clearly mark wetlands and streams that are to remain undisturbed on the project site.

(c) Restrict channel work and vegetation clearing to the minimum necessary for installation of any structures.

(d) Obtain prior approval from IDEM for operation of construction equipment or the placement of temporary run-arounds, temporary cofferdams, temporary causeways, temporary crossings, or other related structures within any water of the state, unless specifically stated, depicted, or detailed in the aforementioned correspondence and project plans.

(e) Construct temporary run-arounds, temporary cofferdams, temporary causeways, temporary crossings, or other such structures of non-erodible materials.

(f) Construct temporary crossings in a manner that does not impede surface flows or an approximate two (2) year (Q2) flood event.

(g) Stream pump-around operations are to be installed in accordance with the plans and the in-stream component is to be constructed of non-sediment producing materials. The discharge at the outlet shall not cause erosion of the stream bottom and banks.

(h) Cofferdam dewatering activities must be directed to an appropriate sediment control measure or a combination of measures prior to discharging into a water of the state to minimize the discharge of sediment-laden water.

(i) Operate machinery on land above the ordinary high water mark and in a manner that minimizes disturbance to the banks of the watercourse.

(j) Deposit any dredged material in a contained upland (non-wetland) disposal area to prevent sediment run-off to any waterbody.

(k) Temporary structures constructed in streams are to be created such that near normal stream flows are maintained.

(l) Temporary crossings and causeways must be completely removed upon completion of the project and the affected area restored to pre-construction contours, grades, and vegetative conditions.

Other Applicable Permits

Based on the proposed land disturbance, a construction site run-off general permit (327 IAC 15-5) is required for the project. Permit coverage must be obtained prior to the initiation of land-disturbing activities. Information related to obtaining permit coverage is available at www.in.gov/idem/stormwater or by contacting the IDEM, Stormwater Program at 317-233-1864 or via email at Stormwat@idem.IN.gov.

This certification does not relieve you of the responsibility of obtaining any other permits or authorizations that may be required for this project or related activities from IDEM or any other agency or person. You may wish to contact the Indiana Department of Natural Resources at 317-232-4160 (toll free at 877-928-3755) concerning the possible requirement of natural freshwater lake or floodway permits.

This certification does not:

(1) Authorize impacts or activities outside the scope of this certification;

(2) Authorize any injury to persons or private property or invasion of other private rights, or any infringement of federal, state or local laws or regulations;

(3) Convey any property rights of any sort, or any exclusive privileges;

(4) Preempt any duty to obtain federal, state or local permits or authorizations required by law for the execution of the project or related activities; or

(5) Authorize changes in the plan design detailed in the application.

Notice of Right to Administrative Review (Permits)

If you wish to challenge this permit, you must file a Petition for Administrative Review with the Office of Environmental Adjudication (OEA), and serve a copy of the petition upon IDEM. The requirements for filing a Petition for Administrative Review are found in IC 4- 21.5-3-7, IC 13-15-6-1 and 315 IAC 1-3-2. A summary of the requirements of these laws is provided below.

A Petition for Administrative Review must be filed with the Office of Environmental Adjudication (OEA) within fifteen (15) days of the issuance of this notice (eighteen (18) days if you received this notice by U.S. Mail), and a copy must be served upon IDEM.

Addresses are:

Director Commissioner Office of Environmental Adjudication Indiana Dept. of Environmental Management Indiana Government Center North Indiana Government Center North 100 North Senate Avenue, Room N103 100 North Senate Avenue, Room 1301 Indianapolis, Indiana 46204 Indianapolis, Indiana 46204 http://www.in.gov/idem/stormwater/ mailto:Stormwat@idem.IN.gov

The petition must contain the following information:

(a) The name, address and telephone number of each petitioner.

(b) A description of each petitioner’s interest in the permit.

(c) A statement of facts demonstrating that each petitioner is:

(1) a person to whom the order is directed;

(2) aggrieved or adversely affected by the permit; or

(3) entitled to administrative review under any law.

(d) The reasons for the request for administrative review.

(e) The particular legal issues proposed for review.

(f) The alleged environmental concerns or technical deficiencies of the permit.

(g) The permit terms and conditions that the petitioner believes would be appropriate and would comply with the law.

(h) The identity of any persons represented by the petitioner.

(i) The identity of the person against whom administrative review is sought.

(j) A copy of the permit that is the basis of the petition.

(k) A statement identifying petitioner’s attorney or other representative, if any.

Failure to meet the requirements of the law with respect to a Petition for Administrative Review may result in a waiver of your right to seek administrative review of the permit.

Examples are:

(a) Failure to file a Petition by the applicable deadline;

(b) Failure to serve a copy of the Petition upon IDEM when it is filed; or

(c) Failure to include the information required by law.

If you seek to have a permit stayed during the administrative review, you may need to file a Petition for a Stay of Effectiveness. The specific requirements for such a Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1.

Pursuant to IC 4-21.5-3-17, OEA will provide all parties with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action. If you are entitled to notice under IC 4-21.5-3-5(b) and would like to obtain notices of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action without intervening in the proceeding you must submit a written request to OEA at the address above.

If you have procedural or scheduling questions regarding your Petition for Administrative Review, additional information on the review process is available at the website of the Office of Environmental Adjudication at http://www.in.gov/oea.

http://www.in.gov/oea

If you have any questions about this certification, please contact Tom Sowinski, Project Manager, by email at TSowinsk@idem.in.gov or by phone at 317-234-5647.

cc: Laban Lindley, USACE – Indianapolis Regulatory Office (electronic)

Marissa Reed, USFWS (electronic) Daniel Gautier, IDNR (electronic) Indiana Stream and Wetland Mitigation Program (electronic) Brady Miller, Crane Environmental (electronic) mailto:TSowinsk@idem.in.gov