[CITE: Mary J. Archer v. DNR, 1 CADDNAR 26 (1981)]
[VOLUME 1, PAGE 26]
Cause #: 80-016W
Caption: Mary J. Archer v.
DNR
Administrative Law Judge: Clayton
Attorneys: Woods; Scherschel, DAG
Date: February 26, 1981
ORDER
The
previous determination of the Natural Resources Commission [denying the permit
application is]...affirmed.
FINDINGS OF FACT
1.
On or about May 12, 1980, Mary Jane Archer made application to construct an
abode in the floodway (Docket #4-6518).
2.
On July 24, 1980, at its regularly scheduled meeting, the Natural Resources
Commission disapproved Mary Jane Archer's application to construct in a
floodway.
3.
By letter dated August 26, 1980, David T. Woods, Attorney for Petitioner,
requested an Administrative Hearing to review the Commission's denial of Mary
Jane Archer's application.
4.
By certified mail, dated December 5, 1980, Notice of Hearing was sent to
Petitioner setting the hearing of this cause for January 8, 1981, at 1:30
o'clock, p.m.
5.
IC 13-2-22-13 requires that a permit be issued by the Natural Resources
Commission prior to any construction in a floodway.
6.
IC 13-2-22-13 provides: "It shall be unlawful to erect, use, or maintain
in or on any floodway, a permanent abode or place of residence."
7.
Rule #FPM-1 of the Natural Resources Commission defines "Regulatory
Flood" as: "That flood having a peak discharge which can be expected
to be equaled or exceeded on the average of once in a 100 year period as
calculated by a method and procedure which is acceptable to and approved by the
Commission. This flood is equivalent to a flood having a probability of
occurrence of one percent in any given year."
8.
Petitioner, at the time of hearing, had begun construction of an abode in the
following location: NE 1/4, Sec. 15, T12N, R1W, West
of Patton Lake Road about 6 miles Northeast of Paragon, Morgan County, Indiana.
9. The
100 year regulatory flood (as defined by Rule FPM-1), would obtain an elevation
of approximately 644.0' MSL on the real estate owned by Petitioner.
10.
The real estate owned by Petitioner has an approximate elevation of 640.0' MSL.
11.
The partially constructed abode on Petitioner's real estate lies in the
floodway of Lambs Creek.