327 Ind. Admin. Code 17-4-10

Current through December 4, 2024

Section 327 IAC 17-4-10 - Public notice of applications for individual permits for wetland activities in Class II and Class III state regulated wetlands

Authority: IC 13-18-22-3; IC 13-18-22-8

Affected: IC 4-21.5-3-5

Sec. 10.

(a) The commissioner shall provide public notice of and an opportunity to comment on complete applications submitted to the department under this rule.

(b) The public notice must contain the following information:

(1) The applicable statutory and regulatory authority.

(2) The name and address of the applicant and, if any, the applicant's agent.

(3) The name, address, and telephone number of the department's employee who may be contacted concerning the application.

(4) The location of the tract.

(5) A brief description of the proposed project, including the following:

(A) The purpose and a description of the wetland activity.

(B) The current and proposed use of the tract.

(C) A summary of the number, size, and class of the SRW on the tract.

(D) A description of the compensatory mitigation proposed by the applicant.

(6) A statement telling where the public may view or obtain a copy of the application.

(7) A statement that the comment period deadline is thirty (30) calendar days from the date of mailing of the public notice unless otherwise specified.

(8) A statement that any person may request in writing that a public hearing or meeting be held to consider the application.

(c) The department shall provide notice of a complete application to the following:

(1) The applicant.

(2) Adjacent property owners and other potentially affected persons, as provided by the applicant.

(3) The following agencies:

(A) The department of natural resources.

(B) The United States Fish and Wildlife Service.

(C) Affected county and local plan commissions.

(4) Any person who requests copies of public notices of applications.

(d) The department shall consider comments received during any public comment period under this section in making a determination under this rule. The department may hold a public hearing in response to a request for a public hearing under subsection (b).

327 IAC 17-4-10

Water Pollution Control Board; 327 IAC 17-4-10; filed May 25, 2005, 10:45 a.m.: 28 IR 2980; errata filed Oct 11, 2005, 12:00 p.m.: 29 IR 548; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFA

Readopted filed Jun 29, 2017 9:34 a.m.: 20170726-IR-327170225BFA

Readopted filed 5/12/2023, 1:07 p.m.: 20230607-IR-327230079BFA