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Proposed Reissuance of Programmatic General Permit for Minor Activities in Indiana
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Public Notice
US Army Corps
of Engineers
Detroit District
Louisville District
Chicago District
Applicant:
The Public
Date:
November 17, 2017
7, 2017
Expires: December
In Reply Refer To:
File No. LRE 1998-1000100-S17
Proposed Reissuance of Programmatic General Permit for Minor Activities in
Indiana
1. In accordance with Title 33 CFR Part 325 (c)(1), as published November 13, 1986 in
the Federal Register, Volume 51, No. 219, the U.S. Army Corps of Engineer Districts of
Detroit, Louisville, and Chicago (the Districts), are proposing to reissue the
Programmatic General Permit (PGP) for certain construction activities in waters of the
United States within the State of Indiana under Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act that are also regulated by the Indiana
Department of Natural Resources (IDNR) as public freshwater lakes under the Lake
Preservation Act, IC 14-26-2 and specific waterways regulated as floodways under the
Flood Control Act, IC -14-28-1, and as Navigable Waterways under IC 14-29-1; specific
waterways are listed in the table below. The Districts are also proposing to revise the
PGP by extending the length for refacing existing shore protection from 300 linear feet
to 500 linear feet.
2. The PGP affords the Districts with a means to authorize activities of a minor nature
through an abbreviated review process that relies on existing permit review procedures
by the IDNR, and reduces costs, delays, and paperwork. When performed under the
limitations and conditions explained below, these activities will cause only a minimal
individual and cumulative environmental impacts. These activities are similar in nature,
as they will conform to the specific categories identified below, and to the attached
glossary of terms.
COVERAGE AREA: Public freshwater lakes regulated under IC 14-26-2, located in the
following counties: Adams, Allen, Cass, DeKalb, Elkhart, Fulton, Huntington, Jasper,
Kosciusko, LaGrange, Lake, LaPorte, Marshall, Miami, Newton, Noble, Porter, Pulaski,
St. Joseph, Starke, Steuben, Wabash, Wells, White, and Whitley. Rivers and streams
regulated under IC 14-28-1 and IC 14-29-1, with a drainage area exceeding 100 square
miles (listed in table below). Water bodies or activities not regulated by the IDNR under
IC-14-26-2 or IC 14-28-1 and IC 14-29-1 are not eligible for the PGP.
File No. LRE-1998-1000100-S17
Waterway
Christiana Creek
Elkhart River
Elkhart River, North Branch
Elkhart River, South Branch
Geyer Ditch
Iroquois River
Kankakee River
Kline Arm
Maumee River
Pine Creek
Slough Creek
St. Joseph River (upstream of Twin Branch
Dam)
St. Mary's River
Turkey Creek
Yellow River
November 17, 2017
Located in ___________ County/Counties
Elkhart
Elkhart, Noble
LaGrange, Noble
Elkhart, Noble
St. Joseph
Jasper, Newton
Jasper, Lake, LaPorte, Starke, St. Joseph, Newton, Porter
Starke
Allen
LaPorte, St. Joseph
Jasper
Elkhart, St. Joseph
Adams, Allen
Elkhart, Kosciusko, Noble
Marshall, Starke, St. Joseph
ACTIVITIES COVERED: The discharge of dredged or fill material into waters of the
United States (regulated by the Corps of Engineers under Section 404 of the Clean
Water Act and Section 10 of the Rivers and Harbors Act).
PROCEDURES: The PGP authorization consists of two categories of activities,
Category 1 and Category 2. Eligibility, application, and review procedures described
below for these categories are tied to the IDNR permit programs and procedures
currently in place. Applicants proposing to discharge dredged and/or fill material into
waters of the U.S., including wetlands subject to the Corps' Section 404 jurisdiction,
must obtain the following State approvals in order for the general permit authorization to
be valid. Applicants are responsible for ensuring that all required State and local
approvals have been applied for and obtained.
1. A license from the IDNR under IC 14-26-2, the Lake Preservation Act, or IC 14-28-1,
the Flood Control Act, for construction activities along and within Indiana's regulated
waterbodies. (Note: Licenses issued by the IDNR under IC 14-28-1 also contain
approval under IC 14-29-1, the Navigable Waterway Act, and its associated rules under
312 IAC 6.)
2. Water Quality Certification (WQC) from the Indiana Department of Environmental
Management (IDEM) is required for work in Corps' jurisdiction involving a discharge into
waters of the U.S. Some projects authorized under the PGP may require an individual
Section 401 WQC issued by the IDEM before work can proceed.
The Corps' involvement will vary based on the Category of activity. The applicability of
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File No. LRE-1998-1000100-S17
November 17, 2017
each activity type to lakes and/or rivers/streams is indicated in the heading of each
activity type.
Category 1 Activities
1. New Shore Protection (applicable to lakes and rivers/streams): Project length is
equal to or less than 300 linear feet and the proposed fill does not exceed an average of
1 cubic yard per linear foot of discharge waterward of the Ordinary High Water Mark
(OHWM). New shore protection projects longer than 300 feet are not eligible for the
PGP. Category 1 shore protection includes construction of new shore protection using
the materials listed below:
i. Lakes: glacial stone, riprap, or bioengineered materials.
ii. Rivers/streams: glacial stone, bioengineered materials, riprap, concrete,
vinyl or steel sheet pile, or broken concrete (must be clean and without
exposed rebar).
2. Refacing of Existing Shore Protection (applicable to lakes and rivers/stream): Project
length is equal to or less than 500 linear feet and the proposed fill does not exceed an
average of 1 cubic yard per linear foot of discharge waterward of the OHWM. Refacing
of existing shoreline projects longer than 500 feet are not eligible for the PGP. Category
1 refacing of existing shore protection includes refacing of existing shore protection with
materials that are similar in nature or the same as the existing material (e.g. refacing
concrete with concrete, glacial stone with glacial stone, etc.). Refacing does not include
the conversion of a glacial stone, riprap or bioengineered seawall into a concrete, vinyl
or steel sheet pile seawall.
3. Boat Ramps (applicable to lakes and rivers/streams):
a. Maximum width of ramp is 20 feet.
b. Discharge into waters of the U.S. does not exceed 50 cubic yards of fill, including
concrete, rock, gravel, or precast concrete planks or slabs.
c. Base material must be crushed stone, gravel, or another suitable material.
4. Beach Construction (applicable to lakes only): Areas which meet IDNR criteria
under 312 IAC 11-4-4 for Public Freshwater Lakes. These criteria may be found on the
Internet at either of the following websites:
http://www.in.gov/legislative/iac/T03120/A00110.pdf or
http://www.in.gov/legislative/iac/title312.html.
5. Filling of Boat Wells (applicable to lakes only): Existing boat wells no more than 20
feet wide and 30 feet long, provided that a seawall is constructed prior to placement of
fill within the boat well. (Note: seawalls built for this purpose are covered as Category
1--shore protection; this includes concrete, vinyl or steel sheet pile, glacial stone, riprap
and bioengineered materials.)
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File No. LRE-1998-1000100-S17
November 17, 2017
6. General License Activities (applicable to lakes only): Work which meets IDNR
criteria under 312 IAC 11-3-1 for temporary structures, dry hydrants, and glacial stone
refaces. These criteria can be found on the Internet at the websites listed above in item
4.
Category 1 Procedures: Work in Indiana subject to Corps' jurisdiction which meets all
of the above terms and the PGP general conditions below may proceed without
application or notification to the Corps provided that the required IDNR authorization
has been obtained. The IDNR permit will include language confirming Federal
authorization under the PGP, and the Federal PGP conditions. If an applicant objects to
any of the Federal PGP conditions, the application will be forwarded on to the Districts
for processing as a Category 2 permit, or as a general or individual permit, as
appropriate. Activities located in wetlands, as defined by the Corps, or in IDNRidentified Significant Wetlands (as defined under 312 IAC 11-2-24) are not eligible for
Category 1, with the exception of general license activities (e.g. glacial stone refaces).
Activities which are located in the vicinity of, or have the potential to involve Federally
listed endangered, threatened, or proposed species or which may involve potential
impacts to historical, cultural, or archaeological resources or practices are not eligible
for Category 1. The IDNR, at its discretion, may elect to coordinate other projects in
accordance with Category 2.
Category 2 Activities
1. New Shore Protection (applicable to lakes and rivers/streams): Project length is
equal to or less than 300 linear feet and:
a. the proposed fill exceeds an average of 1 cubic yard per linear foot of discharge
waterward of the Ordinary High Water Mark (OHWM).
b. All new shore protection using the materials listed below (regardless of the
amount of fill per linear foot):
i. Lakes: concrete, vinyl or steel sheet piling with backfill (Exception--seawalls
built in association with Category 1 boat well fill).
ii. Rivers/streams: any material not specifically listed in Category 1.
2. Beach Construction (applicable to lakes only): Areas outside of those identified in
Category 1.
3. Any of the Category 1 activities located in wetlands as defined by the Corps or in
IDNR-identified Significant Wetlands as defined under 312 IAC 11-2-24. If wetlands are
present, a wetland delineation report, prepared in accordance with the 1987 Corps of
Engineers Wetlands Delineation Manual and the appropriate Regional Supplement, will
be required by the Corps. Wetland fill (as defined in 33 CFR Part 323.2) that exceeds
0.1 acre (4,356 square feet) in area does not qualify for the PGP.
4. Activities where part of the work in Corps' jurisdiction did not require an IDNR permit
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File No. LRE-1998-1000100-S17
November 17, 2017
(e.g. work above the IDNR legal lake level or in adjacent wetlands).
5. Activities which are located in the vicinity of, or have the potential to involve,
Federally listed endangered, threatened, or proposed species.
6. Activities which may impact historical, cultural, or archaeological resources or
practices as provided in Section 106 the National Historic Preservation Act of 1966 and
the Archaeological and Historic Preservation Act of 1974.
7. Activities authorized by order of the Indiana Natural Resources Commission
following appeal of an IDNR permit denial.
8. Any other action elevated to Category 2.
Category 2 Procedures: Work in Indiana subject to Corps' jurisdiction which meets all
of the above terms and the PGP general conditions below may be considered for the
PGP through the following procedure: Upon receipt of a complete application or
issuance of a permit, the IDNR will forward a copy to the Corps indicating that it appears
to meet Category 2. The IDNR will also inform the applicant that their application has
been referred to the Corps for evaluation as a Category 2 activity under the PGP. Any
IDNR permit will indicate that a separate permit from the Corps is required. The Corps
will determine if the Category 2 applications are complete (using the IDNR permit
application, Indiana State Form 42946), and evaluate each application to determine
whether it meets the minimal impact standard, the PGP general conditions, and the
intent of the PGP. The Corps may either: 1) authorize the project under the PGP, with
any special conditions or modifications necessary to reduce the impacts to no more
than minimal; or 2) determine that the PGP is not appropriate. A project that does not
qualify for the PGP may be considered under any of the Corps' other evaluation
methods, including Regional, Nationwide, and individual permits. The Corps will
respond to Category 2 applications in writing.
Discretionary Authority: For either Category 1 or 2 activities, the District may, at its
discretion or at the request of the IDNR, determine that the PGP is not appropriate and
require an individual permit review. If this occurs after the IDNR permit has been
issued, the Corps will inform the applicant in writing that the Federal authorization for
work has been suspended and additional review is required.
Project-Specific PGP Conditions: The District may add project-specific conditions to
PGP authorizations. PGP Category 2 authorization will be confirmed by the District
sending the applicant a verification letter that specifies any required conditions.
Duration: The PGP would be in effect for five (5) years through March 5, 2023 with
policies subject to reconsideration at any time.
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November 17, 2017
State Water Quality Certification: A State Section 401 Water Quality Certification or
waiver is required for this PGP proposal, or for individual projects under the PGP. In
Indiana, this authority resides with the Department of Environmental Management
(IDEM). This Public Notice constitutes the application for the 401 certification. The
IDEM will review the PGP for compliance with the applicable provisions of Sections 301,
302, 303, 306 and 307 of the Clean Water Act (CWA), including the state water quality
standards currently set forth at 327 IAC 2. They will consider comments regarding this
proposal postmarked by the closing date of this notice. Comments to the IDEM should
be addressed to IDEM, Office of Water Quality, 100 North Senate Avenue, MC 65-42
WQS IGCN 1255, Indianapolis, Indiana 46204-2251. The Districts will be working with
the IDEM to identify and resolve any issues prior to finalizing this proposal.
Federally Listed Threatened or Endangered Species or their Critical Habitat:
Implementing the proposed PGP would not affect the Corps' responsibility to insure that
all authorizations comply with Section 7 of the Federal Endangered Species Act. No
activity would be authorized under the PGP which is likely to jeopardize a listed or
proposed species or which will destroy or adversely modify critical habitat. No activity is
authorized until requirements of the Endangered Species Act are satisfied. If the
District determines that the activity may affect any Federally listed species or critical
habitat, the District will initiate consultation in accordance with the Endangered Species
Act. In such cases, the District may: a) Initiate Section 7 consultation, and upon
completion, authorize the activity through PGP by adding activity-specific conditions, if
appropriate; or (b) require an individual permit for the project. This PGP proposal is
being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have
concerning Federally-listed threatened or endangered wildlife or plants or their critical
habitat will be considered in our final assessment of the proposal.
Cultural Resources: Implementing the proposed PGP would not affect the Corps'
responsibility to insure that all authorizations comply with Section 106 of the National
Historic Preservation Act. No Corps PGP would be authorized until requirements of
Section 106 have been satisfied. This public notice is being sent to the National Park
Service and the State Historic Preservation Officer to determine if there are known
cultural resources which may be affected by the proposal. Based on the nature of the
work, impacts on historic properties are not expected.
Replies/Comments: We are publishing this notice in compliance with Title 33 CFR
Part 320-330. Interested parties are invited to submit written comments to this office,
postmarked or delivered by the expiration date of this public notice. Any person may
request, in writing, within the comment period specified in this notice, that a public
hearing be held. Requests for public hearings shall state, in detail, the reasons for
holding a public hearing. A request may be denied if substantive reasons for holding a
hearing are not provided or if there is otherwise no valid interest to be served. Replies
concerning this proposed PGP may be addressed to Charles M. Simon, Chief,
Regulatory Office, Detroit District, Corps of Engineers, 477 Michigan Avenue, Room
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File No. LRE-1998-1000100-S17
November 17, 2017
603, Detroit, MI 48226-2550.
Regulatory Authority: This proposal will be reviewed according to the provisions of
Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Our
public interest review will include consideration of the guidelines set forth under Section
404(b)(1) of the Clean Water Act (40 CFR 230).
Public Interest Review: The decision on this proposed action will be based on an
evaluation of the probable impact, including cumulative impacts, of the proposal on the
public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefits which reasonably may be expected to
accrue must be balanced against reasonably foreseeable detriments. All relevant
factors will be considered, including economics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land
use, navigation, shoreline erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production and, in
general, the needs and welfare of the people. Final decision documents will be
available for review in the Districts' Offices. The Corps is soliciting comments from the
public, Federal, state, and local agencies and officials, Indian tribes and other interested
parties in order to consider and evaluate the impacts of this proposal. Comments
received will be considered to determine whether to issue, modify, condition, or
abandon this proposal. Comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and public interest
factors listed above. Comments may be used in the preparation of environmental
documents pursuant to the National Environmental Policy Act. Comments are also
used to determine the overall public interest of the proposed action.
Further Information: Questions on this matter may be directed to Rebecca Hartman at
the Detroit District-Michiana Branch Corps of Engineers, telephone 574-232-1952 ext.
21969, Gregory McKay at the Louisville District Corps of Engineers, telephone 502-3156685, or Diedra McLaurin at the Chicago District Corps of Engineers, telephone 312846-5539.
FOR THE DISTRICT ENGINEER:
CHARLES M. SIMON
Chief, Regulatory Office
Engineering & Technical Services
Detroit District
LEE ANNE DEVINE
Chief, Regulatory Branch
Operations Division
Louisville District
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File No. LRE-1998-1000100-S17
November 17, 2017
KEITH L. WOZNIAK
Chief, Regulatory Branch
Technical Services
Chicago District
NOTICE TO POSTMASTERS:
We request that the above notice be conspicuously and continuously posted for the time
period of this notice.
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November 17, 2017
PGP GENERAL CONDITIONS
The following general conditions must be followed in order for any PGP authorization to
be valid:
GENERAL REQUIREMENTS
1. Other Permits: Authorization under this general permit does not obviate the need to
obtain other Federal, State, or local authorization required by law.
2. The Corps of Engineers retains authority, on a case-by-case basis, to require review
for an individual permit based on concerns for the aquatic environment or for any other
factor of the public interest. This authority may be invoked where there is a particular
resource or concern associated with a project, or where potential cumulative
environmental impacts warrant additional review.
3. Property Rights: Authorization under this general permit does not grant any property
rights, exclusive privileges, or authorize any injury to the property or rights of others.
4. Proper maintenance: Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
5. Case-by-case conditions: The activity must comply with any case specific conditions
added by the Corps or by the State in its section 401 Water Quality Certification.
6. Federal Liability: The Federal Government does not assume any liability for the
following: a) damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes; b) damages to the permitted
project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest; c) damages to persons, property, or to
other permitted or unpermitted activities or structures caused by the activity authorized
by this permit; d) design or construction deficiencies associated with the permitted work;
and/or e) damage claims associated with any future modifications suspension, or
revocation of this permit.
NATIONAL CONCERNS
7. Navigation:
a. No activity may cause more than a minimal adverse effect on navigation.
b. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
File No. LRE-1998-1000100-S17
November 17, 2017
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal of alteration.
8. Endangered Species:
a. No activity is authorized under the PGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat
of such species. No activity is authorized under the PGP which "may affect" a listed
species or critical habitat, unless Section 7 consultation addressing the effects of the
proposed activity has been completed.
b. Non-federal permittees shall notify the District Engineer if any listed species or
critical habitat might be affected or is in the vicinity of the project, and shall not begin
work on the activity until notified by the District Engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might
affect Federally-listed endangered or threatened species or designated critical habitat,
PGP applicants will have to provide the name(s) of the endangered or threatened
species that may be affected by the proposed work or that utilize the designated critical
habitat that may be affected by the proposed work. The District Engineer will determine
whether the proposed activity "may affect" or will have "no effect" to listed species and
designated critical habitat and will notify the non-Federal applicant of the Corps'
determination. In cases where the non-Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so
notified the Corps, the applicant shall not begin work until the Corps has provided
notification the proposed activities will have "no effect" on listed species or critical
habitat, or until Section 7 consultation has been completed.
c. As a result of formal or informal consultation with the U.S. Fish and Wildlife
Service (FWS), the District Engineer may add species-specific endangered species
conditions to any PGP verification.
d. Authorization of an activity by a PGP does not authorize the "take" of a threatened
or endangered species as defined under the Federal ESA. In the absence of separate
authorization (e.g. an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS, both lethal and non-lethal "takes" of protected species
are in violation of the ESA. Information on the location of threatened and endangered
species and their critical habitat can be obtained directly from the offices of the FWS or
at their website: http://www.fws.gov/midwest/endangered/lists/cty_indx.html#indiana.
9. Historic properties:
a. In cases where the District Engineer determines that the activity is likely to have
the potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places, the activity is not authorized until the requirements of
Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
File No. LRE-1998-1000100-S17
November 17, 2017
b. Non-federal permittees must submit a notification to the District Engineer if the
authorized activity may have the potential to cause effects to any historic properties
listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historical Places, including previously unidentified properties. For
such activities, the notification must state which historic properties may be affected by
the proposed work or include a vicinity map indicating the location of the historic
properties or the potential for the presence of historic properties. Assistance regarding
information on the location of or potential for the presence of historic resources can be
sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer
(SHPO/THPO), as appropriate, and the National Register of Historic Places (see CFR
330.4(g)). The District Engineer shall make a reasonable and good faith effort to carry
out appropriate identification efforts, which may include background research,
consultation, oral history interviews, sample field investigation, and field survey. Based
on the information submitted and these efforts, the District Engineer shall determine
whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the
activity may have the potential to cause effects and so notified the Corps, the nonFederal applicant shall not begin the activity until notified by the District Engineer either
that the activity has no potential to cause effects or that consultation under Section 106
of the NHPA has been completed.
c. The District Engineer will notify the prospective permittee whether NHPA Section
106 consultation is required. Section 106 consultation is not required when the Corps
determines that the activity does not have the potential to cause effects on properties
(see 36 CFR 800.3(a)). If NHPA Section 106 consultation is required and will occur, the
District Engineer will notify the non-Federal applicant that he or she cannot begin work
until Section 106 consultation is completed.
10. Tribal rights: No activity may cause more than minimal adverse effects on tribal
rights (including treaty rights), protected tribal resources, or tribal lands.
MINIMIZATION OF ENVIRONMENTAL IMPACTS:
11. Soil erosion and sediment controls: The permittee shall install sedimentation and
soil erosion control measures prior to any construction activity, and maintain them in
effective operating condition during construction. This shall include the installation of
straw bale barriers, silt fencing and/or other approved methods to control sedimentation
and erosion. The permittee shall immediately stabilize areas disturbed by any
construction activity, including channel banks, and revegetate with a combination of
grasses, legumes, and shrubs compatible to the affected area.
12. Equipment: All construction equipment shall be refueled and maintained on an
upland site away from existing streams, drainageways, and wetland areas. Heavy
equipment working in wetlands must be placed on mats, or other measures must be
File No. LRE-1998-1000100-S17
November 17, 2017
taken to minimize soil disturbance.
13. Suitable material: No activity, including structures and work in waters of the United
States or discharges of dredged or fill material, may consist of unsuitable material (e.g.
trash, debris, car bodies, asphalt, timbers, slag, slash/fly ash, etc.). Material used for
construction or discharge must also be free from toxic pollutants in toxic amounts (see
Section 307 of the Clean Water Act).
14. Water Quality: Some PGP authorizations may not be valid unless a case-specific
Section 401 Water Quality Certification is obtained from or considered waived by the
IDEM and/or IDNR. Where the State (either generically or individually) does not
require/approve a water quality management plan, the permittee must include design
criteria and techniques that provide for protection of aquatic resources. The permittee
must comply with all project conditions associated with general or case-specific Water
Quality Certifications.
15. Water Supply Intakes: The permittee shall not perform any work under the PGP
where the discharge of dredged and/or fill material would occur in the proximity of a
public water supply intake except where the activity is for the repair of the public water
supply structure or adjacent bank stabilization.
16. Minimization/Avoidance: Discharges of dredged and/or fill material into waters of
the United States must be minimized or avoided to the maximum extent practicable at
the project site (i.e. on-site). In determining the minimal impact threshold, the Districts
will consider the direct and secondary impacts of the fill or work and any mitigation
measures.
17. Mitigation: The permittee shall provide a mitigation/monitoring plan for any activity
where the adverse impact on special aquatic sites is determined to be more than
minimal. If mitigation is required, the permittee shall develop the mitigation site
concurrently with site construction.
18. Waterfowl breeding areas: Activities, including structures and work in navigable
waters of the United States or discharges of dredged and/or fill material, into breeding
areas for migratory waterfowl must be avoided to the maximum extent practicable.
19. Removal of temporary fills: Any temporary fills must be removed in their entirety
and the affected areas returned to their preexisting elevation.
20. Access: A representative from the Corps of Engineers may inspect any authorized
activity or mitigation site at any time deemed necessary to ensure compliance with the
terms and conditions of the PGP.
File No. LRE-1998-1000100-S17
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GLOSSARY
Bank: The ground that borders or slopes upward from the bed of a waterway and that
confines water to the channel during the normal course or flow.
Bioengineered*: The use of a combination of biological elements (plant materials) and
structural or mechanical reinforcements for stabilization, revetment, or erosion control.
Biological and mechanical elements must function together in an integrated and
complementary manner.
Boat well*: A man-made excavation along the shoreline or waterline of a public
freshwater lake that 1) is used for the mooring of a boat, and 2) has been stabilized to
prevent erosion.
Bulkhead seawall*: A vertical or near-vertical, solid concrete, steel sheet piling or vinyl
piling structure which has the purpose of shoreline protection.
Channel: Both the natural and the artificial channel of a waterway.
Currently serviceable: Currently serviceable means useable as is or with some
maintenance, but not so degraded as to essentially require reconstruction.
Floodway#: (1) the channel of a river or stream; and (2) the parts of the flood plain
adjoining the channel that are reasonably required to efficiently carry and discharge the
flood water or flood flow of a river or stream; definition is for purposes of IC 14-28-1,
IC 14-28-3, and IC 14-34.
Glacial stone*: A rounded stone that satisfies the following 1) was produced by glacial
activity, 2) no individual stone weighs more than 120 pounds, 3) at least 90% of the
material passes through a 12-inch sieve, and 4) no more than 10% of the material
passes through a 6-inch sieve.
Natural Shoreline*: A continuous section of unaltered shore line or water line where the
distance between lawful permanent structures is at least two hundred fifty (250) feet.
Ordinary High Water Mark (OHWM): The line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, shelving, changes in the character of soil, destruction of
terrestrial vegetation, the presence of litter and debris, or other appropriate means that
consider the characteristics of the surrounding areas.
Programmatic General Permit (PGP): A type of general permit founded on an existing
state, local, or other Federal agency program and designed to avoid duplication with
File No. LRE-1998-1000100-S17
November 17, 2017
that program.
Public freshwater lake*: A lake that has been used by the public with the acquiescence
of a riparian owner. Does not include: 1) Lake Michigan; 2) any lakes lying wholly or in
part within the city of East Chicago, Gary, or Hammond; or 3) a privately owned body of
water used for the purpose of, or created as a result of, surface coal mining.
Riprap*: Angular, limestone rock that satisfies the following 1) no individual piece weighs
more than 120 pounds, 2) at least 90% of the material passes through a 12-inch sieve,
3) not more than 10% of the material passes through a 6-inch sieve.
Seawall*: A man-made structure placed along the shoreline or water line of a public
freshwater lake for the purpose of shoreline stabilization.
Seawall reface*: Reinforcing of an existing seawall along the lakeward face.
Significant wetland*: A transitional area between terrestrial and deep-water habitats
containing at least one of the following: 1) At least 2,500 square feet of contiguous,
emergent vegetation or rooted vegetation with floating leaves landward or lakeward of
the shoreline or water line. The areal extent is independent of ownership; 2) Adjacent
wetland areas designated by a federal or state agency under one of the following--the
National Wetland Inventory, the US Army Corps of Engineers Wetlands Delineation
Manual (1987), or the National Food Security Act Manual (1994); and 3) The existence
of a species listed at 15 IR 1312 in the Roster of Indiana Animals and Plants that are
Extirpated, Endangered, Threatened, or Rare.
Underwater beach*: An area of lakebed that is 1) lakeward of the shoreline or waterline
of a public freshwater lake, and 2) used for a recreational purpose, such as wading or
swimming.
Wetlands: Those areas that are inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. The Corps uses the methods and guidelines found in its 1987 Wetland
Delineation Manual to identify and delineate these wetlands.
Definition taken from 312 IAC Article 10--Flood Plain Management, Rule 2--Definitions, found at
http://www.in.gov/legislative/iac/title312.html
* Definition taken from 312 IAC Article 11--Lake Construction Activities, Rule 2--Definitions, found at
http://www.in.gov/legislative/iac/title312.html
File No. LRE-1998-1000100-S17
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November 17, 2017
Definition taken from Indiana Code, Title 14--Natural and Cultural Resources, Article 8-General
Provisions and Definitions, Chapter 2--Definitions, found at
http://www.in.gov/legislative/ic/code/title14/ar8/ch2.html