Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-4 - Qualified utility line crossings; general license

Current through July 10, 2024
Authority: 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
				(12½) 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.