312 IAC 10-5-8 Qualified outfall projects; general license

Sec. 8. (a) This section establishes a general license for the placement of a qualified outfall project in a floodway. (b) A person who wishes to implement a project for the placement of a qualified outfall project on a river or stream, other than on a river or stream identified in section 0.3(b) or 0.3(c) of this rule, may do so without notice to the department if the project conforms to the following conditions: (1) Tree removal and brush clearing shall be contained and minimized within the outfall project area. No more than one (1) acre of trees shall be removed within the floodway. (2) Construction activities within the waterway from April 1 through June 30 shall not exceed a total of two (2) calendar days. (3) Best management practices shall be used during and after construction to minimize erosion and sedimentation. (4) Following the completion of construction, disturbed areas shall be reclaimed and revegetated. Disturbed areas shall be mulched with straw, wood fiber, biodegradable erosion blanket, or other suitable material. To prevent erosion until revegetated species are established, loose mulch shall be anchored by crimping, tackifiers, or netting. To the extent practicable, revegetation must restore species native to the site. If revegetation with native species is not practicable, revegetation shall be performed by the planting of a mixture of red clover, orchard grass, timothy, perennial rye grass, or another species that is approved by the department as being suitable to site and climate conditions. In no case shall tall fescue be used to revegetate disturbed areas. (5) Disturbed areas with slopes of three to one (3:1) or steeper, or areas where run-off is conveyed through a channel or swale, shall be stabilized with erosion control blankets or suitable structural armament. (6) Areas in the vicinity of concentrated discharge points shall be protected with structural armament to the normal water level of the waterway. Any riprap must have an average minimum diameter of six (6) inches and extend below the normal water level. (7) The size of the outfall project shall not exceed any of the following dimensions: (A) Ten (10) square feet in cross-sectional flow area as determined by the summation of cross-sectional area of conduits within the outfall project area for an outfall structure. (B) Five (5) feet deep as determined by the difference in elevation between the lowest bank elevation and the bottom of the swale for an outfall structure. (C) An area of disturbance thirty (30) feet wide. (8) Adequate cover shall be provided to ensure the structural integrity of the outfall conduit and to allow suitable vegetative growth. (9) Within the project area, the postconstruction ground surface elevation shall be less than six (6) inches above the preconstruction elevation. (10) The outlet structure shall: (A) be supported by a headwall, slopewall, or anchored end section; and (B) conform to the bank of the waterway. (11) If flow passing through the outfall project in a reverse direction would induce flood damages during a regulatory flood, the outfall project shall be equipped with a closure mechanism. (12) Construction debris and material not used as backfill shall be removed from the floodway. (c) A person who elects to act under this section must comply with the general conditions under subsection (b). Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a permit issued under IC 14-28-1 and, if the waterway is navigable, the violation of a license issued under IC 14-29-1.