WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION at 60. Moore, THE CALUMET REGION: INDIANA'S LAST FRONTIER, 11 (1959). Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, 61 (1994). Natural Resources Com'n v. Porter County Drainage Bd., 555 N.E.2d 1387, affirmed on petition to transfer in 576 N.E.2d 587 (Ind. 1990). McIntyre v. Guthrie, 596 N.E.2d 979 (Ind. Ap. 1992), transfer denied. A concurring opinion reflected that, in fact, the defendant had violated the terms of the Flood Control Act permit. Indiana Department of Natural Resources, INDIANA WETLANDS CONSERVATION PLAN, 11-14 (June 1996). Indiana Department of Natural resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: ¶865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶428 (1996). Personal communication with Steve Cecil, Indiana Department of Transportation (January 1996). Argyeland v. Haviland, 435 N.E.2d 973 (Ind. 1982) and Pickett v. Brown, 569 N.E.2d 706 (Ind. Ap.. 1991). Until 1996 enactment of Senate Bill 241 (codified as IC 4-21.5-3.5), a statutory structure for the exercise of state agency mediation did not exist in Indiana. The new legislation may help facilitate the implementation of IC 14-25-1-8 governing surface water disputes, but the designs of the two statutes are somewhat disparate. For a discussion of SB 241 and its implementation by the Indiana Natural Resources Commission, see Governmental Coordination and Streamlining. Strahm, Wetlands Law in Indiana: An Indiana Wetlands Law Primer, 5 (unpublished 1995). 33 USC 401. Strahm cited previously at 2. Strahm, cited previously, at 5. Memorandum of Agreement Among the Department of Agriculture, the Environmental Protection Agency, the Department of the Interior, and the Department of the Army Concerning the Delineation of Wetlands for Purposes of Section 404 of the Clean Water Act and Subtitle D of the Food Security Act (1994). Additional information regarding the MOA between the Corps and EPA can be located at Internet address http://www.lmk.usace.army.mil/odf/role21.htm Memorandum of Agreement Among the Department of Agriculture, the Environmental Protection Agency, the Department of the Interior, and the Department of the Army concerning the Delineation of Wetlands for Purposes of Section 404 of the Clean Water Act and Subtitle D of the Food Security Act (1994). See particularly 327 IAC 2-1-2(1). Strahm, cited previously, at 9. Id., citing IC 13-1-3-8 (now IC 13-18-4-5). Indiana Department of Environmental Management, INDIANA 1992-1993 305(B) REPORT. McClue v. DNR, 3 Caddnar 5 (1986). "Public freshwater lakes" are regulated generally pursuant to IC 14-26-2. Halstead v. Department of Natural Resources, 7 Caddnar 71 (1993). IC 36-9-27. See also Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: ¶865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶90 (1996). A "regulated drain" means an open drain, a tiled drain, or a combination of the two. "Open drain" means a natural or artificial open channel that carries surplus water and was established under or made subject to any drainage statute. "Tiled drain" means a tiled channel that carries surplus water and was established under or made subject to a drainage statute. IC 36-9-27-2. Personal communication with Jim Ray, Department of Natural Resources, Division of Soil Conservation (October 1995). Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: ¶865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶289 (1996). See particularly IC 36-9-27-53.5. Ind. Pub. L. 239-1996 codified at IC 36-9-27.4. Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, 60 FED. REG. 58605 (Nov. 28, 1995). Wetlands and Habitat Mitigation, Information Bulletin #17, 20 IND. REG. 3546 (September 1, 1997). This publication is also available on the Internet at the following site: http://www.ai.org/nrc/wetlands.htm Indiana Department of Natural Resources, WATER RESOURCES AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 68 (1994). Indiana Department ofNatural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: ¶865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶535 (1996). Personal communication with Jim Ray, Department of Natural Resources, Division of Soil Conservation (October 1995). Correspondence from David Hudak, U.S. Fish and Wildlife Service, Bloomington, Indiana (November 20, 1995). Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: ¶865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶430 (1996) discussing personal communication by Stephen Davis with John Pugh, Michigan City Planner (March 1996). Senate Concurrent Resolution 38 was introduced in 1994 urging the formation of an interim study committee task force to be established to discuss drainage issues. The interim study committee formally became the Drainage Task Force. This information comes from the DRAFT INDIANA DRAINAGE HANDBOOK: AN ADMINISTRATIVE AND TECHNICAL GUIDE FOR ACTIVITIES WITHIN INDIANA'S DRAINAGEWAYS prepared by Christopher Burke Engineering, LTD. for the Indiana Department of Natural Resources. Environmental Law Institute, INDIANA'S BIOLOGICAL DIVERSITY: STRATEGIES AND TOOLS FOR CONSERVATION, 51 (1995). The eight recommendations included the following:
Require permitting agencies to consider projects on their own merits and to compare the impacts of a project relative to the impacts of no project. Both positive and negative cumulative impacts should be considered, particularly from the perspective of the watershed. Develop a technical and administrative manual specifying best management practices that are protective of the environment and which would help clarify the regulatory process. Recognize the opportunity for two-phase permitting of projects. In the first stage, formal permitting would apply through the completion of construction and the establishment of permanent vegetative cover. In the second stage, maintenance would be placed under control of the permittee and not be subject to further permitting and review. Cause regulatory agencies to work with county drainage boards and surveyors to devise a regulated drain classification system (pre-identifying environmental impacts and ways to reduce regulatory oversight on less significant classes of drains). If drainage work includes environmental remediation that is an "enhancement" compared to existing conditions, provide for the costs to be borne by the environmentally-benefitted public at large and solely the permittee. Provide training on how wetland delineations are made. Cause federal and state agencies to develop a consistent policy for wetland mitigation with respect to drainage maintenance and reconstruction activities.
This information comes from the Draft Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana's Drainageways prepared by Christopher Burke Engineering, LTD. for the Indiana Department of Natural Resources. Personal communication with Tim Kroeker of the IDNR Division of Water and Gwen White of the IDNR Division of Soil Conservation, March 1998. National Oceanic Atmospheric Administration, Office of Ocean and Coastal Resource Management, Michigan Develops Guide for Assessing Cumulative Impacts of Development on Wetlands, OCRM TODAY (September 15, 1995). National Oceanic Atmospheric Administration, Office of Ocean and Coastal Resource Management, Wisconsin Develops Wetland Certification Program, OCRM TODAY (January 11, 1996).
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