DNR City of Warsaw
September 1, 2021 at 3:18 p.m.
By -
Your property has been identified to be adjacent to the project site. This public notice is being provided to you in conformance with the provisions of IC 14-11-4 and 312 IAC 2-3.
Application Number: FW-31159-0
Applicant's Name and Address: James Emans
City of Warsaw
102 South Buffalo Street
Warsaw, IN 46580
Agent's Name, Address, Andrew Miller
and Telephone Number: Christopher B. Burke Engineering, LLC
115 West Washington Street, Suite 1368 South
Indianapolis, IN 46204
(317) 266-8000
Project Location: The project is located south of the intersection of
E Winona Avenue and Park Avenue at Winona Lake.
Specifically, the project is located within
Sections 15 & 16, Township 32 North, Range 6 East on the
Warsaw Quadrangle Map.
Name of Lake: Winona Lake
Relevant Statute or Rule: Flood Control Act, IC 14-28-1
Project Description:
The City of Warsaw proposes to reroute an existing storm sewer (McKinley Storm Sewer) and provide a new outfall into Winona Lake that will be located approximately 575 feet east of the existing outfall. Additionally, a stormwater treatment system will be added to the storm sewer system to provide water quality treatment prior to its discharge into the Winona Lake.
Questions relating to the project should be directed to:
CHRISTOPHER B. BURKE ENGINEERING, LLC
115 West Washington Street, Suite 1368 South
Indianapolis, IN 46204
Telephone: (317) 266-8000
Pursuant to 312 IAC 2-3-4, an informal public hearing, pre-AOPA, (Administrative Orders and Procedures Act) hearing, on this application may be requested by filing a petition with the Division of Water. The petition must conform to administrative rule 312 IAC 2-3-4 as follows:
(a) This section establishes the requirements for a petition to request a public hearing under IC 14-11-4-8(a)(2).
(b) The petition shall include the signatures of at least twenty-five (25) individuals who are at least eighteen (18) years of age and who reside in the county where the licensed activity would take place or who own real property within one (1) mile of the site of the proposed or existing licensed activity.
(c) The complete mailing addresses of the petitioners shall be typed or printed legibly on the petition.
(d) Each individual who signs the petition shall affirm that the individual qualifies under subsection (b).
(e) The petition shall identify the application for which a public hearing is sought, either by division docket (application) number or by the name of the applicant and the location of the permit.
A pre-AOPA hearing on the application will be limited to the Department's authority under the permitting statutes. Only the issues relevant to the Department's jurisdiction directly related to this application for construction will be addressed. The Department has no regulatory authority on property zoning, local drainage, burning, nuisances, road traffic, etc; therefore, topics beyond the Department's jurisdiction will not be discussed during the public hearing.
A petition for a pre-AOPA public hearing or a request to be notified of the Department’s approval, denial, or termination of the permit application should be mailed to:
Indiana Department of Natural Resources
Division of Water, Technical Services Section
402 West Washington Street, Room W264
Indianapolis, IN 46204-2641
Telephone: (877) 928-3755 or (317) 232-4160
The Department's jurisdiction under the Flood Control Act, IC 14-28-1, is limited to a project in the floodway of a waterway that includes, but is not limited to, rivers, streams, ditches, and creeks. To be approvable a project must demonstrate that the project will not:
(a) adversely affect the efficiency of or unduly restrict the capacity of the floodway,
(b) constitute an unreasonable hazard to the safety of life or property; defined as, the project will not result in either of the following during the regulatory flood:
(1) the loss of human life,
(2) damage to public or private property to which the applicant has neither ownership nor a flood easement;
(c) result in unreasonably detrimental effects upon fish, wildlife or botanical resources.
Additionally, the Department must consider the cumulative effects of the above items.
After an approval, denial, or termination is issued by the Department, you may appeal the Department action by requesting an administrative review by the Natural Resources Commission under IC 4-21.5 and 312 IAC 3-1. The appeal request should be addressed to:
Division of Hearings
Natural Resources Commission
Indiana Government Center North, Room N501A
100 North Senate Avenue
Indianapolis, IN 46204
Telephone: (317) 232-4699
9-4 hspaxlp
Your property has been identified to be adjacent to the project site. This public notice is being provided to you in conformance with the provisions of IC 14-11-4 and 312 IAC 2-3.
Application Number: FW-31159-0
Applicant's Name and Address: James Emans
City of Warsaw
102 South Buffalo Street
Warsaw, IN 46580
Agent's Name, Address, Andrew Miller
and Telephone Number: Christopher B. Burke Engineering, LLC
115 West Washington Street, Suite 1368 South
Indianapolis, IN 46204
(317) 266-8000
Project Location: The project is located south of the intersection of
E Winona Avenue and Park Avenue at Winona Lake.
Specifically, the project is located within
Sections 15 & 16, Township 32 North, Range 6 East on the
Warsaw Quadrangle Map.
Name of Lake: Winona Lake
Relevant Statute or Rule: Flood Control Act, IC 14-28-1
Project Description:
The City of Warsaw proposes to reroute an existing storm sewer (McKinley Storm Sewer) and provide a new outfall into Winona Lake that will be located approximately 575 feet east of the existing outfall. Additionally, a stormwater treatment system will be added to the storm sewer system to provide water quality treatment prior to its discharge into the Winona Lake.
Questions relating to the project should be directed to:
CHRISTOPHER B. BURKE ENGINEERING, LLC
115 West Washington Street, Suite 1368 South
Indianapolis, IN 46204
Telephone: (317) 266-8000
Pursuant to 312 IAC 2-3-4, an informal public hearing, pre-AOPA, (Administrative Orders and Procedures Act) hearing, on this application may be requested by filing a petition with the Division of Water. The petition must conform to administrative rule 312 IAC 2-3-4 as follows:
(a) This section establishes the requirements for a petition to request a public hearing under IC 14-11-4-8(a)(2).
(b) The petition shall include the signatures of at least twenty-five (25) individuals who are at least eighteen (18) years of age and who reside in the county where the licensed activity would take place or who own real property within one (1) mile of the site of the proposed or existing licensed activity.
(c) The complete mailing addresses of the petitioners shall be typed or printed legibly on the petition.
(d) Each individual who signs the petition shall affirm that the individual qualifies under subsection (b).
(e) The petition shall identify the application for which a public hearing is sought, either by division docket (application) number or by the name of the applicant and the location of the permit.
A pre-AOPA hearing on the application will be limited to the Department's authority under the permitting statutes. Only the issues relevant to the Department's jurisdiction directly related to this application for construction will be addressed. The Department has no regulatory authority on property zoning, local drainage, burning, nuisances, road traffic, etc; therefore, topics beyond the Department's jurisdiction will not be discussed during the public hearing.
A petition for a pre-AOPA public hearing or a request to be notified of the Department’s approval, denial, or termination of the permit application should be mailed to:
Indiana Department of Natural Resources
Division of Water, Technical Services Section
402 West Washington Street, Room W264
Indianapolis, IN 46204-2641
Telephone: (877) 928-3755 or (317) 232-4160
The Department's jurisdiction under the Flood Control Act, IC 14-28-1, is limited to a project in the floodway of a waterway that includes, but is not limited to, rivers, streams, ditches, and creeks. To be approvable a project must demonstrate that the project will not:
(a) adversely affect the efficiency of or unduly restrict the capacity of the floodway,
(b) constitute an unreasonable hazard to the safety of life or property; defined as, the project will not result in either of the following during the regulatory flood:
(1) the loss of human life,
(2) damage to public or private property to which the applicant has neither ownership nor a flood easement;
(c) result in unreasonably detrimental effects upon fish, wildlife or botanical resources.
Additionally, the Department must consider the cumulative effects of the above items.
After an approval, denial, or termination is issued by the Department, you may appeal the Department action by requesting an administrative review by the Natural Resources Commission under IC 4-21.5 and 312 IAC 3-1. The appeal request should be addressed to:
Division of Hearings
Natural Resources Commission
Indiana Government Center North, Room N501A
100 North Senate Avenue
Indianapolis, IN 46204
Telephone: (317) 232-4699
9-4 hspaxlp
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