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PUBLIC NOTICE IC 14-11-4 was enacted to ensure that adjacent property owners are notified of permit applications and provided with an opportunity to present their views to the Department of Natural Resources prior to action under the Flood Control Act, IC 14-28-1. Project Description and Location - The project is located along the Tippecanoe River in the City of Warsaw, situated south of County Road 300 North, west of Highway 15, and east of North County Road 150. The project includes placement of 8- inch, 16-inch and 20-inch ductile iron and 24-inch HOPE water mains within an existing utility easement to deliver water from the well field to the water treatment plant. Three (3) new ground water wells will be put into service. The pipes will be placed through open trench and directional drilling construction methods. The trench will be approximately 10 feet wide and starts at Well No. 6, proceeds south to the right-of-way for Highway 30, thence east via directional drilling under the Tippecanoe River. Earth mounds will be used to elevate the immediate grade around each well head approximately 3 feet above the 100 year flood elevation. An 8-inch discharge from the treatment plant to the Tippecanoe River will also be constructed under a National Pollution Discharge Elimination System permit. Stream Name - Tippecanoe River Applicant's Name, Address, and Telephone - Mr. Edward Nickels, Indiana-American Water, 650 Madison Street, Gary, Indiana 46401; Phone - (219) 880-2326 Agent's Name, Address, and Telephone - Mr. Robert Green, Hazen and Sawyer, 11311 Cornell Park Drive, Suite 135, Cincinnati, OH 45242; Phone - (513) 469-2750 Questions should be directed to the Agent. An informal public hearing, pre-AOPA (Administrative Orders and Procedures Act) hearing may be requested on this application by filing a petition with the Division of Water. The petition must conform to administrative rule 312 lAC 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 number (application number) or by the name of the applicant and the location of the project. The Department's jurisdiction under the Flood Control Act, IC 14-28-1, is limited to a project in the floodway of the waterway that includes but not limited to rivers, streams, ditches, and creeks. To be approvable a project must demonstrate that it will: (a) not adversely affect the efficiency or unduly restrict the capacity of the floodway; defined as, the project will not result in an increase in flood stages of more than 0.14 feet above the base 100-year regulatory flood elevation, (b) not 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, and (2) damage to public or private property to which the applicant has neither ownership nor a flood easement; (c) not result in unreasonable detrimental effects upon fish, wildlife, and botanical resources. Additionally, the Department must consider the cumulative effects of the items (a) through (c). A request for a pre-AOPA public hearing or notice of initial determination pursuant to 312 lAC 2-3 should be addressed to: Technical Services Section, Division of Water, Department of Natural Resources 402 West Washington Street, Room W264, Indianapolis, Indiana 46204-2641, Telephone: (877) 928-3755 or (317) 232-4160. You may also request that the Department notify you in writing after an initial determination is made to issue or deny the permit. Following the receipt of the approval or denial notice, you may request administrative review of the determination by the Natural Resources Commission under IC 4-21.5 and 312 lAC 3-1. This 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. d13,20,27
