CADDNAR


[CITE: City of Muncie v. DNR, 1 CADDNAR 12 (1978)]

 

[VOLUME 1, PAGE 12]

 

Cause #: 78-002W

Caption: City of Muncie v. DNR
Administrative Law Judge: Shanks]
Attorneys: City, pro se; Servaas, DAG
Date: June 14, 1978


ORDER

 

...The Commission's previous denial of Petitioner's application...[is] affirmed. In the alternative, the Petitioner...[is] given thirty (30) days to revise its application to include:

 

a. restoration of dam to original plans and specifications; or

b. the structure be removed entirely from the floodway.

FINDINGS OF FACT

 

1. On or about July 14, 1977, Petitioner filed its "Application for Approval of Construction in a Floodway".

 

2. At its regularly scheduled meeting of October 26, 1977, the Natural Resources Commission denied Petitioner's application.

 

3. On or about November 4, 1977, Notice of Denial was mailed to Petitioner and received by Petitioner on November 15, 1977.

 

4. On or about November 21, 1977, Petitioner's request for hearing was received by the Department.

 

5. On or about February 16, 1978, Notice of Hearing was mailed to Petitioner and received on February 21, 1978.

 

6. The existing control structure ("dam") was constructed in 1949 pursuant to plans drawn in 1948.

 

7. The dam was constructed without approval of the Commission.

 

8. The dam impounds water approximately three tenths (3/10) of a mile upstream.

 

9. The dam was designed and built with collapsible wood and steel wickets and a concrete base and side walls.

 

10. Subsequent to construction, alterations were made by Petitioner, without Commission approval, whereby the wickets were made inoperational and placed in a permanent upright position.

 

11. The regulatory flood (FPM-1) at the dam is calculated at 938.1 feet elevation MSL.

 

12. The top of the wickets in upright position is 930.0.1 feet, MSL.

 

13. At regulatory flood the following flow elevations would apply: a) if wickets operational (down) 938.1 feet, MSL b) in present condition with wickets up, 940.7 feet, MSL c) with proposed repairs, 941.4 feet, MSL.

 

14. The proposed repairs would decrease the capacity and efficiency of the floodway and cause increased flood states.

 

15. The proposed repairs would increase flooding in an inhabited and industrial area effecting approximately 110 structures.

 

16. The proposed repairs would constitute an unreasonable hazard to the safety of life and property.

 

17. The proposed repairs would change the character of the dam from its original collapsible design and construction to a solid fill structure.

 

18. IC 13-2-22-13 requires that a permit be obtained from the Commission before any repair is done on the dam.

 

19. This structure, the George Dale Dam, is in the Floodway of the West Fork of the white River at Muncie, Indiana.