Section 327 IAC 17-4-3 - Permit application requirementsAuthority: IC 13-18-3-1; IC 13-18-22-1; IC 13-18-22-3; IC 13-18-22-5; IC 13-18-22-7
Affected: IC 13-18-22
Sec. 3.
A person proposing a wetland activity is required to submit to the department an application that includes the following:
(1) Applicant information.(2) Agent information if applicable.(3) Purpose and description of activity.(4) Current and proposed use of the tract.(5) Correspondence from the USACOE that states that the wetland is not subject to regulation under Section 404(a) of the Clean Water Act.(6) Identification of the wetlands to be affected by the wetland activity including the following: (A) The location of the tract and location of the wetlands on the tract.(B) A delineation of all wetlands on the tract.(C) A classification of all SRWs on the tract.(D) For the purpose of making the determinations at 327 IAC 17-1-4, 327 IAC 17-1-3(7)(A), 327 IAC 17-1-3(7)(K), IC 13-18-22-2 (c), IC 13-18-22-10, and IC 13-18-22-11, the person proposing the activity shall disclose dates for the following: (i) Actions that disturb or affect isolated wetlands under 327 IAC 17-1-3(1)(A) that occurred after January 1, 2004.(ii) Wetland activities exempted by 327 IAC 17-1-3(7)(E) or 327 IAC 17-1-3(7)(F) that occurred after January 1, 2004.(iii) Voluntary creation of isolated wetlands under 327 IAC 17-1-3(7)(A) and 327 IAC 17-1-3(12).(iv) Restoration of isolated wetlands under IC 13-18-22-2 (c).(v) Filling, draining, or elimination by other means isolated wetlands not removed from the department's authority by IC 13-18-22-10.(vi) Wetland activities that occurred after January 1, 2004, on land previously exempted by 327 IAC 17-1-3(7)(G) if the land is no longer subject to United States Department of Agriculture wetland conservation rules under IC 13-18-22-11.(7) A compensatory mitigation plan to reasonably offset the loss of wetlands allowed, unless an exception to mitigation has been granted by the department under 327 IAC 17-1-6.(8) The applicant shall demonstrate, as a prerequisite to the issuance of the permit, that the wetland activity is as follows: (A) Without a reasonable alternative under section 8 of this rule. (B) Reasonably necessary or appropriate to achieve a legitimate use proposed by the applicant on the property on which the wetland is located under section 9 of this rule. (C) For a Class III wetland, as follows: (i) Without a practical alternative.(ii) Will be accompanied by taking steps that are practicable and appropriate to minimize potential adverse impacts of the discharge on the aquatic ecosystem of the wetland.(D) For a Class III wetland, an applicant's demonstration in clause C(i) and C(ii) is not satisfied by the demonstrations in section 8 or 9 of this rule.(9) A statement signed by the applicant stating, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.".Water Pollution Control Board; 327 IAC 17-4-3; filed May 25, 2005, 10:45 a.m.: 28 IR 2979; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFAReadopted filed Jun 29, 2017 9:34 a.m.: 20170726-IR-327170225BFAReadopted filed 5/12/2023, 1:07 p.m.: 20230607-IR-327230079BFA