Stream Maintenance and DNR Indiana Soil and Water Conservation Districts January 9, 2017 Darrin Miller, P.E. CFM Hydraulic Engineer – Engineering Services North Basin
Flood Control Act IC 14-28-1 • A permit is required to erect, make, use, maintain, or remove a structure, an obstruction, a deposit, or an excavation in or on a floodway • Typical activities: bank protection, bridges, buildings, channel work, dams, excavations, fills, levees, outfalls, and utility crossings
Floodplain & Floodway Floodplain 1% Annual Chance (100 – year flood) For Buildings in the Floodplain Flood Protection Grade = Base Flood Elevation + 2 feet
Who Regulates What? Stream (less than 1 Stream: (Tributary) Stream (non- square mile drainage IDNR, USACE & wetland) floodway: area): USACE & IDEM IDEM IDNR Public freshwater lake: Adjacent wetland: IDNR, USACE & IDEM USACE & IDEM Isolated wetland: IDEM Floodway wetland: IDNR, USACE & IDEM Navigable water: IDNR, USACE & IDEM
Things you can do without a DNR permit • Repair an Existing Ag Levee • Install Field Tiles, Outfall Structures and Grassed Waterways • Remove Logjams and Debris • Logjam and Sediment Bar Removal from a bridge or culvert opening
Ag Levee Repair
Ag Levee Repair • Constructed before January 1, 1973 with or without a DNR Permit • Can repair to the same height and physical dimensions that existed before failure
Ag Levee Repair • Constructed after January 1, 1973 and permitted by DNR • Can repair to the same height and physical dimensions that were previously approved. All work shall be done in accordance with all conditions listed on the DNR permit
Ag Levee Repair
Ag Levee Repair
Drain Tile, Outfall Structure &/or Grassed Waterway General License • Notification to the Department of Natural Resources is not required for outfall projects that qualify for an exemption under 312 IAC 10 (effective January 1, 2002). Refer to: 312 IAC 10-5-8 • Division of Water will NOT make the determination for you as to whether or not a proposed outfall project qualifies for the General License
Drain Tile, Outfall Structure &/or Grassed Waterway General License ( 312 IAC 10-5-8) • General Environmental Criteria • Project Specific Environmental Criteria • Project Specific Technical Criteria • No Notification to DNR
General Environmental Criteria • Within a river or stream listed in the Outstanding Rivers List, www.in.gov/legislative/iac/20070530-IR- 312070287NRA.xml.pdf or • Within a salmonoid stream, noted by SS in: www.in.gov/dnr/water/5067.htm or • Within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2. www.in.gov/legislative/iac/T03120/A00070.PDF? or • Below the Ordinary High Watermark of a Navigable Waterway, www.in.gov/nrc/2390.htm or • Requires an Individual Corps permit
Specific Environmental Criteria (Slide 1 of 4) • No more than one (1) acre of trees removed within floodway • Construction within the waterway between April 1 and June 30 shall not exceed a total of two (2) calendar days
Specific Environmental Criteria (Slide 2 of 4) • Best Management Practices be used www.in.gov/dnr/water/4892.htm
Specific Environmental Criteria (Slide 3 of 4) • Disturbed areas be mulched and seeded with native species, if not practicable, plant mixture of red clover, orchard grass, timothy, perennial rye grass or another species approved by DNR
Specific Environmental Criteria (Slide 4 of 4) • Slopes of 3:1 or steeper or areas where runoff is conveyed through a channel or swale be stabilized with an erosion control blanket or suitable structural armament • Concentrated discharge points be protected with structural armament to the normal water level. Riprap must have an average minimum diameter of 6 inches and extend below the normal water level
Technical Criteria for Outfall Structures (Slide 1 of 3) • Not exceed ten (10) square feet in cross- sectional flow area as determined by the summation of cross- sectional area of conduits within the project area
Technical Criteria for Outfall Structures (Slide 2 of 3) • The structure shall be supported by headwall, slope wall, or anchored end section and conform to the bank. • If flow passing through the outfall in a reverse direction would induce flood damages during a regulatory flood, the outfall shall be equipped with a closure mechanism.
Technical Criteria for Grassed Waterways (Slide 3 of 3) 30’ • If the outfall is a grassed waterway, the depth of the swale shall not exceed 5 feet as measured from the lowest bank elevation to the bottom of the swale • Not exceed an area of disturbance 30 feet wide
Logjam & Debris Removal Types of Authorization (Post 7/1/2010) • Statutory Exemption, IC 14-28-1-22(b)(6) • General License without Notification • General License with Notification • Permit
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • Work must not be within a salmonid stream listed under 327 IAC 2-1.5-5 without prior approval of IDNR- Division of Fish & Wildlife • Work must not be within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2 • Blue River – Harrison, Crawford, & Washington Counties • Cedar Creek – Allen & DeKalb Counties • Wildcat Creek – Tippecanoe & Carroll Counties (Also includes portions of North Fork and South Fork Wildcat Creek)
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • Free logs or affixed logs that are crossways in the floodplain must be cut, relocated, and removed from the floodplain. May be maintained in the floodplain, if properly anchored or secured to resist flotation or dislodging by the flow of water and placement is in an area that is not a wetland. Logs must be removed and secured with a minimum of damage to vegetation.
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • Isolated or single logs that are embedded, lodged, or rooted in the channel, and that do not span the channel or cause flow problems, must not be removed unless the logs are either of the following: 1) Associated with or in close proximity to larger obstructions 2) Posing a hazard to navigation
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • A leaning or severely damaged tree that is in immediate danger of falling into the waterway may be cut and removed if the tree is associated with or in close proximity to an obstruction. The root system and stump of the tree must be left in place. • To the extent practicable, the construction of access roads must be minimized and should not result in the elevation of the floodplain.
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • To the extent practicable, work should be performed exclusively from one (1) side of a waterway. Crossing the bed of a waterway is prohibited. • To prevent the flow of sediment laden water back into the waterway, appropriate sediment control measures must be installed.
Logjam & Debris Removal Statutory Exemption IC 14-28-1-22(b)(6) • Within fifteen (15) days, all bare and disturbed areas must be revegetated with a mixture of grasses and legumes. Tall fescue must not be used under this subdivision, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes.
Logjam & Debris Removal General License Without Notification • Use of Hand Held Tools Only • Qualified Logjam & Sandbar Removals From Beneath Bridges (312 IAC 10-5-7) • Equipment must be operated from the bridge or bank within the right-of-way, no equipment in the river or stream • An access corridor for equipment extends no more than fifty (50) feet beyond the right-of-way • Logjam or sandbar to be removed is located partially or exclusively within the right-of-way
January 2002
Big Log Jam Any Questions?
DoWorc • DNR Division of Water's Online Research Center – GIS data made available online
DoWorc – A Disclaimer will appear on the right side of the screen. To close the Disclaimer pop-up window, click the X at the upper right hand corner of the Disclaimer window. Click
DoWorc • Tools – Drag the map in any direction by using the mouse button to click on the map and slide while holding down the mouse button. – Click the plus (+) or the minus (-) buttons to zoom in or out on the map
DoWorc • Basemaps – Basemaps allows you to change the base map behind all of the data; this map tool is set up with a ‘best available imagery’ layer and a Digital Elevation Model. You will need to turn these layers off in order to see any changes to base map you have made.
DoWorc • Layers - Various data sets can be viewed – County boundaries – Township boundaries – Flood zones – Permits, SEAs, other DNR files – Roads – Dams – Basin commissions – Local Floodplain Administrators – Aerial Imagery from various years
INFIP • INdiana Floodplain Information Portal
The “Best Available Data” Layer
Best Available Data Layer NFHL Zone A Floodways Best Available Data Layer
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