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 Lakes Preservation Act, IC 14-26-2. Project Description and Location: Concrete Seawall, SE 1/4 Sec 17-T-33N-R7E (Lakeview Terrace) Lake Name: Tippecanoe Lake Channel (Grassy Creek) Applicant's Name, Address, and Telephone: Lewis Neibert, 5330 E. Ridgeview Dr., Leesburg, IN 46538 (574)-834-1164 Agent's Name, Address, and Telephone:_________ Questions should be directed to the Applicant. 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 Lakes Preservation Act. IC 14-26-2, is limited to a project that is below the legal or normal water level including along the shoreline, lakeward of the shoreline, and landward of the shoreline within 10 feet. The project will be reviewed on the basis of its impacts on: (a) the shoreline, water line, or bed of the public freshwater lake, (b) the fish, wildlife, or botanical resources, (c) the public rights for the natural resources, the natural scenic beauty, and the use recreation, (d) the management of watercraft operations under IC 14-15, (e) the interests of a landowner having property rights abutting the public freshwater lake or rights to access the public freshwater lake. Additionally, the Department must consider the cumulative effects of the items (a) through' (e). A request for a pre-AOPA public hearing or notice of initial determination pursuant to 312 lAC 2-3 should be addresses 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. 1-29 hspaxlp
