Attachment E.pdf

ATTACHMENT E

Exhibit G

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

June 17, 2020

Ms. Margaret Dove U.S. Army Corps of Engineers 231 S. LaSalle St., Suite 1500 Chicago, IL 60604

Dear Ms. Dove:

Re: Section 401 Water Quality Certification Project: Indiana Dunes National Park

Shoreline Protection IDEM No.: 2019-076-46-MTM-A County: LaPorte

The Indiana Department of Environmental Management (IDEM) has reviewed your correspondence received June 2, 2020, requesting a modification of Section 401 Water Quality Certification No. 2019-076-46-MTM-A, dated April 17, 2019. In the original certification, you were granted approval to place 90,000 tons per year (about 56,250 cubic yards per year) of clean inert, naturally quarried sand on the beach and nearshore at Indiana Dunes National Park. According to your correspondence it is now proposed to expand the potential placement area west of Mount Baldy to Drake Avenue.

Based on available information, it is the judgment of this office that the proposed modification 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 adhere to the conditions of the Section 401 Water Quality Certification. Therefore, IDEM hereby modifies the Section 401 Water Quality Certification No. 2019-076-46-MTM-A, dated April 17, 2019

Project Condition 1(a) is deleted and replaced as follows:

(a) Implement the project as depicted and described in the application for Section 401 Water Quality Certification dated February 6, 2019, and received February 21, 2019, and as modified in correspondence received June 2, 2020.

All other conditions of the certification not affected by this modification remain in full force as written. Any changes in project design or scope not detailed in the request described above are not authorized by this certification.

IDEM No. 2019-076-46-MTM-A, Indiana Dunes National Park Shoreline Protection

This certification modification 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. In addition, you may wish to contact IDEM’s Storm Water Permits Section at 317-233-1864 concerning the possible need for a 327 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) authorize impacts or activities outside the scope of this certification modification;

(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.

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 willfully or negligently.

This certification is effective eighteen (18) days from the mailing of this notice unless a petition for review and a petition for stay of effectiveness are filed within this 18-day period. If a petition for review and a petition for stay of effectiveness are filed within this period, any part of the certification within the scope of the petition for stay is stayed for fifteen (15) days, unless or until an Environmental Law Judge further stays the certification in whole or in part.

This decision may be appealed in accordance with IC 4-21.5, the Administrative Orders and Procedures Act. The steps that must be followed to qualify for review are:

1. You must petition for review in writing that states facts demonstrating that you are either the person to whom this decision is directed, a person who is aggrieved or adversely affected by the decision, or a person entitled to review under any law.

2. You must file the petition for review with the Office of Environmental Adjudication (OEA) at the following address:

Office of Environmental Adjudication 100 North Senate Avenue IGCN Room N103 Indianapolis, IN 46204

3. You must file the petition within eighteen (18) days of the mailing date of this decision. If the eighteenth day falls on a Saturday, Sunday, legal holiday, or other day that the OEA offices are closed during regular business hours, you may file the petition the next day that the OEA offices are open during regular business hours. The petition is deemed filed on the earliest of the following dates: the date it is personally delivered to OEA; the date that the envelope containing the petition is postmarked if it is mailed by United States mail; or, the date it is shown to have been deposited with a private carrier on the private carrier's receipt, if sent by private carrier.

Identifying the certification, 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 if a 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 prehearing conferences, preliminary hearings, hearings, stays, and any orders disposing of the proceedings by requesting copies of such notices from OEA.

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 modified certification, contact Marty Maupin, Project Manager, by phone at 317-233-23471, or by e-mail at mmaupin@gmail.com you may contact the Office of Water Quality through the IDEM Environmental Helpline (1- 800-451-6027).

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

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