Section 312 IAC 10-5-4 - Qualified utility line crossings; general licenseAuthority: IC 14-10-2-4
Affected: IC 13-11-2-260; IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-33; IC 36-9-27
Sec. 4.
(a) This section establishes a general license for the placement of a qualified utility line crossing in a floodway.(b) A person who wishes to implement a project for the placement of a qualified utility line crossing 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 utility line crossing 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) No pesticide will be used on the banks.(7) If a utility line transports a substance that may cause water pollution as defined in IC 13-11-2-260, the utility line will be equipped with an emergency closure system.(8) If a utility line is placed beneath the bed of a river or stream, the following conditions are met: (A) Cover of at least three (3) feet measured perpendicularly to the utility line is provided between the utility line and the banks.(B) If the placement of a utility line is not subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows: (i) At least three (3) feet, measured perpendicularly to the utility line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher, if the bed is composed of unconsolidated materials.(ii) At least one (1) foot, measured perpendicularly to the line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher, if the bed is composed of consolidated materials.(C) If the placement of the utility line is subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows: (i) At least three (3) feet, measured perpendicularly to the utility line, between the design bed and the top of the line or its encasement, whichever is higher, if the bed is composed of unconsolidated materials.(ii) At least one (1) foot, measured perpendicularly to the line, between the design bed and the top of the line or its encasement, whichever is higher, if the bed is composed of consolidated materials.(D) Negative buoyancy compensation is provided where the utility line has a nominal diameter of at least eight (8) inches and transports a substance having a specific gravity of less than one (1).(9) If a utility line is placed above the bed of a river or stream, the following conditions are met: (A) Except as provided in clauses (B) and (C), minimum clearance is provided from the lowest point of the utility line (determined at the temperature, load, wind, length of span, and type of supports that produce the greatest sag) calculated as the higher of the following: (i) Twelve and one-half (121/2) feet above the ordinary high watermark. (ii) Three (3) feet above the regulatory flood elevation.(B) If the river or stream is a navigable waterway that is subject to IC 14-28-1, the utility line that crosses over the waterway must be placed to provide the greater of the following: (i) The minimum clearance required under clause (A).(ii) The minimum clearance required for the largest boat that is capable of using the waterway. The utility must consult in advance with the department to determine the minimum clearance for boats at the crossing.(C) If a utility line is attached to or contained in the embankment of an existing bridge or culvert, no portion of the utility line or its support mechanism may project below the low structure elevation or otherwise reduce the effective waterway area.(10) A utility line placed in a dam or levee regulated under IC 14-27-7 does not qualify for a general license under this subsection.(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 license issued under IC 14-28-1 and, if the waterway is navigable, the violation of a license issued under IC 14-29-1. Natural Resources Commission; 312 IAC 10-5-4; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3394, eff Jan 1, 2002; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1545; errata filed Mar 13, 2002, 11:51 a.m.: 25 IR 2521; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3876; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACAReadopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFAReadopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA