312 IAC 10-5-9 Creek rock removal from nonnavigable waterway; permit exemption without notice

Sec. 9. (a) This section establishes a permit exemption for removing creek rock from a nonnavigable waterway subject to IC 14-28-1 without notifying the department of natural resources (department). A person shall: (1) own; or (2) obtain written permission from a person that owns; the parcel along a nonnavigable waterway where creek rock is removed to qualify for a permit exemption without notice under this section. (b) A person may remove creek rock from the parcel under subsection (a) without a written license under IC 14-28-1 and notifying the department if the person satisfies the following conditions: (1) Not more than fifty (50) cubic yards of creek rock is removed in a calendar year from the parcel. (2) The creek rock is removed exclusively: (A) by hand; (B) by using a hand tool; or (C) with scoop-type excavating equipment. Using a bulldozer or rock crusher does not qualify as scoop-type excavating equipment under this subdivision. (3) Except as otherwise provided in this subdivision, the creek rock is not removed beginning April 1 and ending July 1. Except for slab rock, this condition does not apply to creek rock removed from a sand bar or gravel bar and deposited during a: (A) regulatory flood; (B) flood greater than a regulatory flood; or (C) flood for which the governor declares a disaster. (4) Except for excavating a bank, the creek rock is: (A) removed only from a sand bar or gravel bar in a nonnavigable waterway; (B) removed during the low flow period; and (C) removed at least one (1) foot above the normal water level. (5) Excavated creek rock is: (A) removed from the nonnavigable waterway and floodway; and (B) not placed along the streambank or used as streambank protection. (6) An access road is not constructed that will: (A) destroy more than one-half (1/2) acre of trees in a floodway; (B) traverse a wetland indicated on the national wetlands inventory map, unless pads are used; (C) raise a floodplain or floodway elevation; or (D) cross a nonnavigable waterway. (7) Access to the location where the creek rock is removed is exclusively from one (1) side of the nonnavigable waterway. (c) The authorization for an activity conducted under this section does not waive permit requirements of other federal, state, and local governments. (d) Failure to comply with the conditions under subsection (b)(1) through (b)(7) may result in a revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a permit issued under IC 14-28-1. (e) A nonnavigable waterway is governed by 312 IAC 6.