Comply with Rule 5

Some of the things a project site owner must do to comply with Rule 5 include (but are not limited to):

The Construction Plan

  • An approved Construction Plan must be implemented before, during, and after construction activities occur.
  • Before any land disturbing activities can take place, the project site owner must submit a Construction Plan to the county Soil and Water Conservation District (SWCD), except that Construction Plans for projects within the City of Indianapolis only (most of Marion County) are reviewed by City of Indianapolis Permit Division. (Plans for Speedway, Lawrence, Beech Grove, and Southport along with the City of Indianapolis Capital Improvement projects, and all road/highway plans, should still be submitted to the SWCD.)
  • If the proposed site is in more than one SWCD jurisdiction, the project site owner may request a coordinated plan review from the Indiana Department of Natural Resources.
  • The project site owner may not submit a Notice of Intent (NOI) to IDEM (to request to operate under a Rule 5 permit) without an accompanying notice (a construction plan review approval verification form, or "construction approval document") from the SWCD or Indianapolis Permit Division that the Construction Plan is sufficient. If the Construction Plan is deficient, and needs to be revised, the project site owner will be notified and will have 21 days to submit a modified plan to the SWCDs and/or the Indianapolis Permit Division.

    If the project site owner has not received a construction plan review approval verification form, or "construction approval document," after 28 days, they may go ahead and submit their NOI to IDEM. However, if the NOI is submitted with a "notification of plan receipt" instead a construction plan review approval verification form, or "construction approval document," the project site owner still will be responsible for revising his or her Construction Plan, if it is found deficient.

    (Note: The Indianapolis Permit Division may have a different time table for reviewing Construction Plans or plan modifications.)
  • Information required in the Construction Plan includes (but is not limited to):
    • A description of the project
    • The street address and also the legal (surveyor's) location
    • Soil properties
    • Identification of any other state or federal water quality permits required for the project
    • Site layout with wetlands, water bodies, flood plains, soil maps, and contour maps
    • Grading plans
    • Drainage plans
    • A Storm Water Pollution Prevention Plan
      Some of the things required by this plan are:
      • Details regarding all temporary and permanent storm water quality measures
      • Temporary and permanent stabilization plans and their sequence of implementation
      • A construction sequence linking implementation activities to the various stages of construction
      • A description of the self-monitoring plan and procedures
      • A post-construction storm water pollution prevention plan
    • If the Construction Plan is not found sufficient by the SWCD, the project site owner must work with the SWCD to modify the Construction Plan as necessary until it meets the requirements of the rule. If the project site owner begins land disturbing activities at the project site after being notified that the Construction Plan is deficient, it is a violation of the rules and is subject to enforcement action.