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Wetlands, Lakes and Streams Regulation

Wetlands, Lakes & Streams > Section 401 Water Quality Certification > Terms and Conditions of the IDEM Regional General Permit Notification Form Terms and Conditions of the IDEM Regional General Permit Notification Form

  1. The applicant shall deposit any dredged material in a contained upland disposal area to prevent sediment runoff to any waterbody.  The discharge of return water from upland contained disposal areas is not authorized by this general permit.  Such discharges are regulated by the IDEM's National Pollutant Discharge Elimination System (NPDES) Permitting Program.
  2. This general permit does not authorize the discharge of storm water or the discharge of pollutants (such as sediment) associated with storm water.  This general permit incorporates the conditions at 327 IAC 15-5-7 as general conditions of this WQC.  Compliance with the general permits at 327 IAC 15-5, or 327 IAC 15-6 (commonly referred to as a Rule 5 and Rule 6, respectively) is sufficient to demonstrate compliance with this condition of the WQC.
  3. The permittee shall allow the commissioner or an authorized representative of the IDEM commissioner (including an authorized contractor), upon the presentation of credentials to:
    1. Enter upon the permittee's property;
    2. Have access to and copy at reasonable times any records that must be kept under the conditions of these permits or this certification;
    3. 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 site; and
    4. Sample or monitor any discharge of pollutants or any mitigation site.
  4. This granting of WQC does not relieve the permittee from the responsibility of obtaining any other permits or authorizations that may be required for this project or related activities from the IDEM or any other agency or person.
  5. This WQC does not:
    1. Authorize impacts or activities outside the scope of this certification;
    2. Authorize any injury to permittees 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 notification form.
  6. This general permit cannot authorize point source discharges of pollutants other than clean fill and uncontaminated dredged material.
  7. This general permit cannot authorize activities on or in any of the State's waters that have been designated by the Water Pollution Control Board as: salmonid waters (cold water streams), Outstanding State and/or National Resource Waters, and Exceptional Use waters.
  8. This general permit cannot authorize activities on or in any critical wetland or critical special aquatic site.
  9. This general permit cannot authorize activities on or in any non-salmonid stream between April 1 and June 30 unless the IDNR has granted a waiver for that activity.  You must submit, with this notification form, a waiver from the IDNR, Division of Water, for work in any non-salmonid stream if you propose to work in a non-salmonid stream between April 1 and June 30.
  10. You must submit, with this notification form, correspondence from the IDNR, Division of Nature Preserves, which states that no state endangered, threatened, or rare species is documented on a permanent or seasonal basis within a ½ (0.50) mile radius of the proposed project site by the Indiana Natural Heritage Data Center.  Alternately, you may provide written documentation from the IDNR, Division of Nature Preserves, which states that the proposed activities will not constitute a violation of state laws protecting state endangered, threatened, or rare species if they are documented on a permanent or seasonal basis within a ½ (0.50) mile radius of the proposed project site.
  11. This general permit does not authorize activities associated with the establishment of a mitigation bank.
  12. Multiple impacts associated with the same project may be included on the same notification form.  However, the cumulative acreage and linear footage of effect on Waters of the U.S. must be equal to or less than the most restrictive thresholds of the notification form. (Threshold limits of the notification form are listed in conditions 16-21.)  For example, a road project may include several stream crossings.  If the cumulative effect of these crossings is less than 0.10 acre and 300 linear feet and each crossing meets the other requirements of the notification form, then the activities can be authorized by the general permit.  If, however, the cumulative effect of these crossings is greater than 0.10 acre or 300 linear feet, then the activities are not authorized by this general permit and an individual site-specific WQC is required. 
  13. In order to verify that a given project will qualify under the terms and conditions of this general permit, IDEM may require additional information from the applicant.  If the applicant fails to provide any information requested by IDEM, then the project is not authorized.
  14. The IDEM, for any project that qualifies under the terms and conditions of this general permit, may choose to require an individual site-specific WQC if it determines that the project would have more than minimal impacts to water quality, either viewed individually or collectively with other projects that may affect the same waterbody affected by the proposed project.
  15. The permittee must submit the notification form at least 30 days prior to the commencement of the proposed activity.
  16. The notification form is for activities proposing permanent impacts of one-tenth (0.10) of an acre or less of Waters of the U.S.  Proposed impacts to Waters of the U.S. exceeding 0.10 acre cannot be authorized by this general permit and will require an individual site-specific WQC.
  17. This notification form is for activities that will not permanently change the sinuosity, flow path, velocity, cross sectional area under the bank full elevation or the slope of any stream.  Proposed activities that will permanently change the sinuosity, flow path, velocity, cross sectional area under the bank full elevation, or the slope of the stream cannot be authorized by this general permit and will require an individual site-specific WQC.
  18. This notification form is for activities proposing permanent impacts to 300 linear feet or less of streambank or lake shoreline.  Proposed impacts to streambanks or shorelines in excess of 300 linear feet cannot be authorized by this general permit and will require an individual site-specific WQC.
  19. In the case of streambank stabilization activities or new lake and reservoir shoreline stabilization activities, the permittee must demonstrate that the streambank or shoreline in question is unstable.
  20. Projects that propose stream encapsulation activities meet the following limitations:
    1. Must be for the purpose of constructing a crossing;
    2. Must not exceed 150 feet;
    3. The cross sectional area of the encapsulation is at least twenty percent (20%) larger than the bank full area of the stream immediately up and downstream of the encapsulation;
    4. The cross sectional area of the encapsulation is in the form of a single opening
      (double culverts are not authorized unless at least one of the culverts meets the cross sectional area requirement);
    5. Encapsulations either have no bottom (e.g., three sided culvert) or are twenty percent (20%) imbedded into the streambed (note that the area imbedded must be subtracted from the cross sectional area for the cross section area requirement above); and
    6. The slope of the bed within the encapsulation matches the slope of the bed both immediately upstream and downstream.

      Projects proposing an encapsulation activity that do not meet the aforementioned limitations cannot be authorized by this general permit and will require an individual site-specific WQC.
  21. The activities proposed in the notification form cannot result in a permanent secondary effect to Waters of the U.S. (e.g., dredging, excavation, damming, creation of in-channel ponds) that, when combined with the primary effect, exceeds the area and length thresholds in previous conditions.  Projects that result in permanent secondary effects to Waters of the U.S. that, when combined with the primary effect, exceeds the aforementioned area and length thresholds, cannot be authorized by this general permit and will require an individual site-specific WQC.
  22. The activities proposed in the notification form cannot result in a permanent secondary effect to Waters of the U.S. (e.g., dredging, excavation, damming, creation of in-channel ponds) that, when combined with the primary effect, exceeds the area and length thresholds in previous conditions.  Projects that result in permanent secondary effects to Waters of the U.S. that, when combined with the primary effect, exceeds the aforementioned area and length thresholds, cannot be authorized by this general permit and will require an individual site-specific WQC.

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