Section 312 IAC 10-5-6 - Removal of logjams or masses of wood debris from a salmonid stream; general license with noticeAuthority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 6.
(a) This section establishes a general license for the removal of logjams or masses of wood debris from a waterway that is a salmonid stream designated under 327 IAC 2-1.5-5 for the purpose of providing maintenance to help control flooding.(b) This section does not authorize the removal of logjams and obstructions from a waterway other than a salmonid stream designated under 312 IAC 2-1.5-5.(c) A person who wishes to implement a project to remove logjams or masses of wood debris from a waterway referenced in subsection (a) must file a written notice, upon a department form, with the division of fish and wildlife's environmental unit, including the following information: (1) A description of the river or stream where obstruction removal would occur, including the terminal points, access routes, and disposal sites of the project referenced to readily discernible landmarks, for example, a bridge or a dam. The project shall be designated with access routes to the obstruction on: (A) a United States Geological Survey topographic map; or(B) another map determined by the department to satisfy the purposes of this section.(2) The name, address, and telephone number of the person who is seeking the general license. If all or some of the activities would be performed on behalf of the person by an independent contractor, the name, address, and telephone number of the independent contractor must also be provided.(3) Documentation that the person is the owner of the river or stream (or the sole riparian owner along a navigable river or stream), or another basis by which the person demonstrates permission to enter upon the project site and to perform logjam removal. Permission must be demonstrated for an access route and for a site where logs or other debris will be secured following removal from the waterway. The person must also show participation or agreement by other interested persons in the following circumstances: (A) With respect to a regulated drain, by the drainage board.(B) With respect to a mutual drain, by all the beneficiaries to the drain.(C) By the governing body of any county, municipality, or conservancy district in which the project is located.(4) Photographs, videotapes, or other graphic documentation that demonstrate the following conditions exist on the waterway: (A) Accumulations of logs, root wads, and other debris that occasionally or frequently span the waterway and may be interlocked.(B) Large amounts of fine sediments have not covered or become lodged in the obstruction.(C) Accumulations are extensive enough to cause bank erosion and upstream ponding damages.(5) A statement by the person, including the following terms and agreements: (A) Obstructions would be removed through the use of hand-operated equipment, such as axes, chain saws, and portable winches.(B) Any site would be identified within the project for which the use of hand-operated equipment is determined to be impracticable. If a site is identified under this subdivision, the statement must include the following:(i) What equipment would be used.(ii) That the equipment would not be equipped for excavation.(iii) That the equipment would be used only from the bank and not placed in the waterway. Examples of equipment that may be suitable include a small tractor, a backhoe equipped with a hydraulic thumb, a bulldozer with its blade up, and a log skidder.(C) Free logs or affixed logs that are crossways in the channel and proposed to be removed by the applicant would be cut, relocated, and removed from the flood plain unless the logs are piled and secured by cables in an area not threatened by the flow of water. Logs would be removed and secured to minimize damage to vegetation and would be placed outside any wetlands.(D) Isolated or single logs that are embedded, lodged, or rooted in the channel and do not span the channel or cause flow problems would not be removed unless: (i) associated with or in close proximity to larger obstructions that are impeding navigation or the flow of water; or
(ii) posing a hazard to navigation.(E) A severely damaged or leaning tree that is in immediate danger of falling into the waterway would be cut and removed only if the tree is associated with or in close proximity to an obstruction that impedes navigation or the flow of water in the waterway. The root system and stump of the tree would be left in place.(F) No access road would be constructed that would do any of the following: (i) Destroy more than one (1) acre of trees within a floodway.(ii) Traverse a wetland indicated on the national wetlands inventory map, unless pads are used.(iii) Raise the elevation of the flood plain.(G) Work would be conducted exclusively from one (1) side of a waterway.(H) To prevent the flow of sediment laden water back into the waterway, appropriate sediment control measures would be installed.(I) Within fifteen (15) days of completion of work, all bare and disturbed areas would be revegetated with a mixture of grasses and legumes. Tall fescue would not be used under this section, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes. If the season is not conducive to revegetation, a site would be covered with appropriate erosion control blankets to stabilize the shoreline.(J) Except from June 16 through July 14 and from December 1 through March 14, work would be conducted only with hand-operated equipment.(d) Within twenty (20) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a written notice under subsection (c), the department shall provide a written response that does one (1) of the following:(1) Approves the terms of the notice.(2) Provides additional conditions to the approval.(3) Requires additional information regarding any of the following:(A) The capacity of the floodway.(B) The safety of life or property.(C) The effects upon fish, wildlife, or botanical resources.(4) Requires the person to obtain an individual license for the activity under IC 14-28-1 or IC 14-29-1, or both. If the department does not respond under this subsection in a timely fashion, the written notice is approved.(e) A general license for obstruction removal under this section expires ninety (90) days after receipt of the department's written approval.(f) A person who elects to act under a general license issued under this section must comply with both of the following: (1) The terms of the written notice provided under subsection (c).(2) Any additional conditions provided by the department under subsection (d) and IC 14-28-1-22. 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 or, if the waterway is navigable, the violation of a license issued under IC 14-29-1. Natural Resources Commission; 312 IAC 10-5-6; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3396, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3878; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRAReadopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFAReadopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA