Midwestern Engineers, Inc. Plan Preview

I THIS 15 NOT A PERMIT I DNR #: State of Indiana DEPARTMENT OF NATURAL RESOURCES Division of Fish and Wlldlife Early Coordi nation/Environmental Assessment ER·23998 Request Received: August 23, 2021 Requestor: Indiana 1 5 Regional Planning Commission Luke Thomas Project: 221 East 1 st Street Ferdinand. IN 47532 County/Site info: Water system capacity enhancements in 2 locations, Town of Santa Claus Spencer The Indiana Department of Natural Resources has reviewed the above referenced project per your request. Our agency offers the following comments for your information and in accordance with the National Environmental Policy Act of 1 969. lf our agency has regulatory jurisdiction over the project, the recommendations contained in this letter may become requirements of any permit issued. If we do not have permitting authority, all recommendations are voluntary. Regulatory Assessment: Portions of this proposal may require the formal approval of our agency pursuant to tl1e Flood Control Act (IC 14-28-1) for any proposal to construct, excavate, or fill in or on the floodway of a stream or other flowing waterbody which has a drainage area greater than one square mile, unless ii qualifies for a genera! license under Administrative Rule 3 1 2 IAC 1 0-5 that applies to utility line crossings (see enclosure). Please include a copy of this letter \'lith the permit application if the project does not meet the general lice11se criteria. Natural Heritage Database: The Natural Heritage Program's data have been checked. To date, no plant or animal species listed as state or federally threatened, endangered, or rare have been reported to occu r in the vicinity Area B (north portion of prnject area). However, state endangered Barn Owl {Tyto alba) has been documented within Area A (southern portion of project area). Fish & WIidiife Comments : We do not foresee any impacts to the Barn Owl as a result of this project. Allachrnerits: Avoid and minimize impacts lo fish, wildlife, and botanical resources to the greatest extent possible, and compensate for impacts. The following are recommendations that address potential impacts identified in the proposed project area: 1 ) Riparian Habitat: Tank alternative location 1 . 1A and 4 appear to be within or partly within forested habit. We recommend a mitigation plan be developed (and submitted with the permft application, if required) for any unavoidable habitat impacts that will occur. The ONR's Habitat Mitigation Guidelines (and plant lists) can be found online at http :Iliac. iga. in.gov/iac/20200527-IR-31 2200284NRA.xml.pdf. Impacts to non-wetland forest of one (1) acre or more should be mitigated at a minimum 2:1 ratio, If less than one acre of non-wetland forest is removed ir, a rural setting, replacement should be at a 1 :1 ratio based on area. Impacts to non-wetland forest under one (1) acre in an urban setting should be mitigated by planting five trees at least 2 inches in diameter-at-breast height (dbh), for each tree which is removed that 1 is 1 0" dbh or greater (5: 1 mitigation based on the number of large irees) or by using the ·r : 1 replacement ratio based on area depending on the type of habitat impacted (individual canopy tree removal in an urban streetscape or park-like environment versus removal of habitat supporting a tree canopy, woody understory, and herbaceous layer). Impacts A - Utilily Exemption Crtteria 312 TAC 10-5-4 Q11alified utility line U0ISings; geo.crnl license Amhority: TC 14-10-2-4 Affected; IC 13-1 1 -2-260; IC l4-27-7; JC !4·2�-1-29; IC 1 4-33; IC 36-9-27 Sec. 4. {a) This sectim, establishesa general license for the placement efa qualiiicd u1ility line �:ossing in a f!nodWlly. (b) A person who wishes to implement a project for the p!acemcnl of a qli:1.lified mility line crossing ou 11 river or s(ream, other thrru on a river or stream identified in section 0.3(b) or 0J(c) offois rule, may do so without 110tkc to the deparunent if !he p1ojec1 con.forms to the following conditions: (1) Tree removal nnd brush clearing shuU b� contained 11ml minimized within the utility !inc crc1s.�ing area. No more th:m one (1) acre oftrees shall be removed 1�itl1in the lloodway. (2) Cons:ructiou ac1ivities within the waierway from April I through June 30 shnll nm e:,,:ceed a total oftwo (2) cale11dar days. (3) Best marIagcment practices shall be used during and after consu11ctlou to minimize erosion and sedimentation. (4) Following tbe completion ofconstn:ctiori, disturbedareas shall he reclaimed and rcvegetaled. Disturbed areas shall be mulched with straw, wt1od fiber, biodegradable erosion blanket, or other suitable materfal. To pr�veut erosion until rcvegetai�d spcilics are c.:;tablished, loose mulch shall be w1choml by crfanping., tackifiers, or netting. To the extent practlcnble, revcgetation mus! re;,tore species native to !he site. If revegcfulion with native species is not pmcticnblc, rc,·egetation shall be performec! by the planting of 11 mixture of red clover, orchani grass, timmhy. perenniai l) ' e grass, nr another specie-� that is approved by the depa1tmcnt a� being suitable Ill site and climate conditions. In no case shall tall foscuc be used to revegeta!e dismrbcd orea,i. (5) Dtsturbed areas with slopes of three to one (3:\) or steeper, or areas where run-off is conveyed rhrough a chauncl or S\wle, shall be smbilizcd with erosion control blankets or snitllblc strucmrul a1 1 11arneni. (6) Ne pesticide will be 1i.,ed on tl1e banks. (7) If a utility line transports a substance that may cau�e waI01· pollulion as defined in IC 13-l 1-2-160, th� mility line will be equipped with an cmergeucy closure systeIn. (8) !fa utility line is p!aood lxlneaththe bed ofn dver or stre91n, !he foUowing cm1di(ious aremet: (A) Cover of at least three (3) foci ineasl!rcd perpeudicu\orly to the H!ilily line is provided between the utility line and the banks. (B) If the placement of a utility line is not subjut to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows: (i) At !cast three (3) feet, meascrcd perr,endi\.CUlarly to the 11tility Erw, 1:,ctween tile lowe�t poi11t ofthe bed und t!te lop of the utiliIy line or iis encasement, whichever is higher, if the bed is composed of u11coll.'lolidMcd mattrials. (ii) At leust one (1) fuot, me:isured perpendicularly to tlrn line, bctweeo the lowe�t poi11t nf the bed a11t.l the top ofthe lltility line or its encasement, whichever is higher, if the bed is .:ompo11ed ofoon.�olidaterl material.�. (C) If the pl:iccmem of tbc uliUty lino is subject to regulation under re )4 - 28- 1 -29, IC l!l-33, or re 36-9-27, cover is provided as follows; (i) At least Ihree (3) feet, measured pcrfll'11dicnl;,.rly to 1hc utility line, betwcc11 lhe design bed aud the top of the line or its encasement, wh!Cbever i, higher, ifthe bed is composed ofunoousoliJatcd materials. (ii) At least one (l) foot, measured perpendicularly 10 the line, between 1he d;,sign bed and rile top ofthe line. or its eneaiemc,nt, wh;chever i.; higher, ifthe bed is composed of<.:On8olidatcd material�. (D) Negative buoyancy compensation is providedwhere the t1tility li11e has a nominal diameter cf at leMt eig;hI (8) inches nnd Iransport> a substance having � specific gravity ofless thrui one (1). (9) [fa utility line is placed ,Jbove the bed ofa river or stream, rhe following conditions are met: (A) Except ns provided in clmiscs (IlJ nml (C), miniou1m clcarnuce is provided from 1hc \owes<. polr.1 ofthe ntili1.y line (dcterminccl a1 tbe temperature, load, wind. length ofspflll, wid type ofsuI1pon� I.bat produce the greatest oag) calculated us lhe higher oftl1c following: (i) Twelve mid 0110-half(12½) feet above the ordinary high w;itcrrn�1k. (ii) Three (3) feet above the reglllatory floocl elevation. (B) I:" the river llf siream is a navigat.>lc Wilterway that is subject 10 [C 14•28-1, the utility .line tha• crnsses over the waterway must be placed to provide tbc greater ofthe following: (i) The 111ini111un1 clearance required under clause (A). (ii) Tbc minimum cleruance required fur the larges! watcrcraf1: tbnr is capnblc of tuing the warerway. The utility 11111st con�u!t in advance with the department to determine the minimum clearnnc� for waterc-rafl at th(: crossing. (C) !fa utility line is actuched re er contained in the- embankment of an ex.isling bridge or culvert. no portion of 1he utility !iuc or its support 1ncclwni�m may project below the low stmcmre elevation or otherwise reduce the cfiCctive waterway area. (10) A uiility line place<! in a dnm or levee reg\llated under JC 14-27-7 does nor qualifj, for a general license under this subsection. (c) A person who elects to act under this section must cemply with the genera! conditions und�r subsection (b). Failure m comply with these tem1s and conditions may resull in the revocation of 1be general license, a civil penalty, a commission clrnrgc, 1md any other sanctiou provided by law for the violntio11 of a license issued under IC J 4-28-1 and, if the wI1terway is navigable, the violation of a li ce ns� issued under IC 14-29-! (Nmurul Resources Commission: 312 !AC 10•5-4; JiiedJu/ 5, 2001. 9:/2 a.m,; 24 /R 3394. r_ff Jan 1, 2001: filed Dec 26, 2001. 2:42 p.m.. 15 IR 1545; erl"G!afiled A.far 13, 2001. II:51 a.m.: 25 JR 252 t;]'lcd ,Jug 1, 2004, 3: 18 p,1,1.: :7 /JI 3876) I THIS 15 NOT A PERMIT I A\1achments: State of Indiana DEPARTMENT OF NATURAL RESOURCES Division of Fish and Wi ldlife Early Coordination/Environmental Assessment under 0.10 acre In an urban area may still involve the replacement oflarge d i ameter trees but typicaUy do not require any additional mitigation or addftlonal plantings beyond s � ed1ng and stabilizing disturbed areas. There are exceptions for high quality habitat s i tes however. The miti � ation site should be located in the floodway, downstream of the one (1) square rrn le drainage area of that stream (or another stream within the 8-digft HUC, preferably as close to tile impact site as possible) and adjacent to existing forested riparian habitat. 2) Utility Line Crossings: We recommend that alt creek or stream crossings be done using a trenchless method. nie length of the bore should include any forested riparian areas along the creek to minimize impacts to forested habitat. Install erosion control measures such as silt fencing or other appropriate devices around directional drilling pits in order to prevent drilling mud from leaving the immediate area of ttie pft or entering the stream. If the open-trench method is necessary and the only feasible option at any of tl1e planned stream crossings due to the site conditions. then the following measures should be implemented: a. Any open-trench stream crossing should be timed to coincide with the low-water time of year (typically mid� to late-summer). b. Restore disturbed streambanks using bioengineering bank slabilization methods and revegetate disturbed banks witl1 native trees, shrubs and herbaceous plants. Stream bank slopes after project completion should be restored to stable-slope steepness (not steeper than 2:1). Information about bioengineering techniques can be found at http://www.in.gov/legislatfve/iac/201 2 0404�IR-31 2 1 20154NRA.xml.pdf. Also, the following is a USOA/NR CS document th at outlines many different bioengineering techniques for streambank stabilization: http:/ /directives.sc.egov, usda.gov/17553wba. c. The cleared width through any forested area should be the minimum needed to install the line and no more than 20 feet wide through the forested area to allow the canopy to close over the line. d. Use graded stone or riprap to protect the section of trench below the normal water level from scour or erosion (any stone or riprap fill in the streambed must not be placed above the existing streambed elevation to avoid creating a fish passage obstruction). The additional measures listed below should be implemented to avoid, minimize, or compensate for impacts to fish. wildlife, and botanical resources: 1 ._ Revegetate all bare and disturbed areas with a mixture of native grasses, sedges, w1!dflowers, and also native hardwood trees and shrubs if any woody plants are disturbed during construction as soon as possible upon completion. Do not use any variet i es of Tall Fescue or other non-native plants, including prohibited invasive species (see 3 1 2 IAC 1 8-3-25). 2. Minimize and contain within the project limits inchannel disturbance and the clearing of trees and brush. 3. Do not work in the waterway from April 1 through June 30 without the prior written approval of the Division of Fish and Wildlife 4. Do not cut any trees suitable for I ndiana bat or Northern Long-eared bat roosting (greater than 5 inches dbh, llving or dead, with loose hanging bark, or with cracks, crevices, or cavities) from April 1 through September 30. 5. Do not excavate in the low How area except for the placement of piers, foundations. and riprap, or removal of the old structure. 6. Use minimum average 6 inch graded riprap stone extended below the normal water level to provide habitat for aquatic organisms in the voids. 7. Appropriately designed measures for controlling erosion and sediment must be implemented to prevent sediment from entering the stream or leaving the construction A- Utility E.l:.empiior1 Criteria DNR lndiana Department of Natural Resources Eric Holcomb, Governor Daniel W. Bortner, Director Dlvi,lon of Hlsoor:c Preservation & Archaco lo�·402 W. W uhlngton S-rect. W274 indiari,poll,, IN ¼20-1-2739 Phono 3 l 'l·B2-1646·faJ< 3 I 7•232..0693 -dh p o@dnr.lN.goo September 23, 202 1 Michael Joh111mes Town Council President Town of Sant11 Claus 90 N Ho!iday Blvd. Santa C!aus, lndi,um 47579 Federal Agency: Economic Development Administration Re: Project information for waier system capacity enhancements (DHPA #28091) DearMr. Johannes: Pursuant to Seclion ! 06 of the �ational Historic l'reservarion Act (54 U.S.C. § 306 1 08) and 36 C.F..R. Part 800, the staff of the Indiana State Historic Preservation Officer ("Indiana SHJ>O"J has conducted aa analysis ofthe materials dated August 23, 2021, and received on August 27, 202 1 , for the above indicated project in Santa Claus, Spencer County, Indiana. Based upon the documentation available to the srnffofthe fndianu SHl'O, we have not identified any historic buildings, structures, districts. or objects listed in or eligible for inclusion in the National Register of8istoric Places within the probable area ofpotential effocts. ln terms ofarchaeology, no cmn:ntly known archaeological resource� eligible for inclusion in the National Register uf Historic Places have been recorded \llithin !he proposed project area. No archaeological investigations appear necessary provided that all project activities remain within areas disturbed by previous construction. ffany prdtistodc or historic archaeological ar1ifocts or human remains iirc uncovered duriug con.strnction, demolition, or earthmoving activitiL's, sIme law {Indiana Code I4-2 l - l-27 and 29) reqttires that the discovery must be rcpo1ted to the Depai1ment ofNatural Resources within (wo (2) business days. In that event, p lease call (3 1 7) 232- 1646. Be advised that adherence to IndianaCode 14-21- 1-27 and 29 does notobviate the need to adhere to applicable fe<leral statutes and regulations, including but not limited to36 C.F.R. 800. At this time, it would be appropriate for the .economic DevelopmentAdmini�l(alion toanalyze the infonnation thathasbeengathered from the [ndiana SHPO, the general public, and any other consulting parties and make the necessary dcte1mina1ions aud findings. Please i-efor to the fbllowing commems for guidance: l) ff the Economic Development Administrntion believes that a determinatiou of"no historic properties affected" accurately refkcts its assessment, then it shall provide documentation ofits findi.ng as setforth in 36 C.f.R. § 800. 1 1 to the Indiana SHPO, notify all consulting parties, and make the documenlation ,wail able for public inspection (36 C.F.R. §§ 800.4[d"l[l] and 800.2{d](2]), 2) If, on the other hand, the Economic De velopm em Administration finds thai an historic propNly may be affected, then it shall notify tile Indiana SH.PO, the public and all consultingparties of its finding and seek views on effects in accordance with 36 C.FR. § § 800.4(d)(2) and 800 .2(d)(2). Thereafter, the Economic Development Administra\.ion may proceed to applythe criteriaofadverneeffectand determine whether the project will resuli in a "no adverse effect" or an "adverse effect" in accordance with 36 C.F.R. § 800.5 Tile ONR mi�sion· ?rntect. en/1cm:e, preser;e and wisely use notura/, o.m,;ral end re(re(!�onal resource-s fer the benefit oflndiollG's dtizens l.hrough brofe.ssio,:a,' Jooder;i1ip, manogemem and education. www.lN.gov/ONR/ An Eq u�I Opnonunity Empl oyer THIS 15 NOT A PERMIT I Contact Staff; State of Indiana DEPARTMENT OF NATURAL RESOURCES Division of Fish a11d Wi ldlife Early Coord ination/Environmental Assessment site; maintain these measures until construction is complete and all disturbed areas are stabilized. 8. Seed and protect all disturbed streambanks and slopes not protected by other methods that are 3: 1 or steeper with erosion control blankets that are heavy-duty, biodegradable, and net free or that use loose-woven / Leno-woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles (follow manufacturer's recommendations for selection and installation); seed and apply mulch on all other disturbed areas. Christie L. Stanifer, Environ, Coordinator, Fish & Wildlife Our agency appreciates this opportunlty to be of service. Please contact the above staff member at (317) 232-4080 if we can be of further assistance. 0 C£,.;, -'-' =�· a,.=· �L =ce, 3 ec � = "','· f"" '------Date: September 23, 2021 Christie L. Stanifer Environ. Coordinator Division of Fish and Wildlife Attachments: A - lJtillty Exernpllor, Criter i a Michael Johannes Sep:emDer 23, 2021 Page 2 The 36 C.FR. Part 800 regulationsgoverning the Section l06review processm aybefound at www.aq/w.go1'. Ifyou have questions about a rcha eological issues please contact Rachel Sharkey at (3 17) 234-5254 or rsharke y@ dnr.IN.gov. Jfyou have questions about buildings m strucrures please contact Caitlin Lehman at (3 17) 232-0461 or clchnrnn l@dnrIN.gov. Additionally, in al! future correspondence regard ing the above indicated project, please refer to DHPA #28091, Very truly yours, / ,?.<J �/Af;{.,.;{, ,/-" Beth K. McCord Deputy State Historii.; Pres�rvation Officer 0KM:CML:RAS,ra., cmc· Michael Johannes. Town orSanta Claus Luke Thomas, fnd,ana 15 Regional Plonn!ng Commission Robin Bush. &onomic Deve!opmem Aciministrntion ARTICLE 10. FLOOD l'LAlN MANAGEMENT 312 JAC 10-2-42 "Utility line uo511h1g" defined Authority: JC 14-28-1-5; IC 14-28-3-2 Affected: IC 14-27-7; IC 14-28-1; IC l.-1-28-3 Sec. 42. "Utllity line crossiag" means the utility crosses the waterway in a straight !ine at an angle of beiween forty-five (45) d�grees �.nd one lmndred thirty-tive (1 35) degr�es from the streambank and does not parallel the waterway for more than fifty (50) foet in the floodway before cro.s:Jing unless the paral!el portion of 1he line is rontained wiihin exirting road rlght-of-way. (Naiural Resouras Commission, 312 !AC 10-2-42;filedJul 5, 2001, 9: 12 a.m.: 24 JR 3389, elfJan 1, 2002) Ruic. S. General Liee11scs and Specific Elemptiou� from F\09dwn Lieen,ing 312 IAC 10-5•0.3 De1ermining project eligibility for a general litense; general niteria Authoi-ity: JC 1 4-10-2-4; IC 14-28- 1 -5 Affected: IC 14-28- l ; !C 14-29-1 Sec. 0.3. (a) Except as provided in sL1bsections (b) and (c), a projec1 for a utility line crossing, the removal of logjams and obsuuciion.�, or the ploc�ment of outfall projects within a floodway is eligible for a general license if the project satisfies the requirements of this rule. For the iernoval o!" logjams and obstructions, these requirements in.elude the proce<lllres estabii.>hed by section 0.6 ofthis rule. (b) Subsection (a) does not authorize a project in any of the following circumstances: (I) Within a river or stream listed in the lndillna Register nt 16 IR 1677 in the Out�tanding Rivers List for lndianR unless p rior wri1:en appro11ll from the division ofwater's environmental unit has boon obtained. (2) Within a salm.oi1id st r eam designated under 327 1AC 2-l .5-5(a)(3), (3) Within a natural, �cenic, or recreational :·iver or gtreamdesignated under 3 !2 IAC 7-2. (4) For a utility line crossing, below the ordinar y high wate1mnrk of a navigable waterway lirted in The ludi>l!la Register at 20 IR 2920 in the Roster oflndiana Watcrv.,ays Declared Navigable or Nonnavigab!c unless tbe utility line is pl.aced beneath the l:,cd of tl1c waterway under section <l(b) oft.his rnlc. (5) Where the project requlrts an individual pcimit frorn U1e United Srates AImy Corps of Engineers uudei- Section 404 of the Cle.an Water Act or Section 10 of the Rivers aml Harbors Aci. {cj Subsection (a) doc� not amhurize lhe removal oflogjams or obst ructions wi1hii, one-half(½) rulle ofanv of the follov,'U11r (J) A. species listed i11 the lnrliuna Register al 1 5 lR 1 3 1 2 in I.he Rosier ef !ndlaoa Animals 1t11d Plants· Whieh Are Extirpa!ed, Endangered, Threatened, or Rare. (2) A kno,vn mussel resource. (3) An 0111stru1ding nalurnl areu, as contained on 1he regisuy of narnral areas 1nnintaincd in the natural heritage data center of the dcpa1tment. (d) The limi1ation5 cenrnincd in subsection (b) and �ubsection (c) [s11/Jsec1ions {b) and (c)j do not apply tr, sectiml 7 of this role. (Naiura! Resources Commis�·io1J; 311 L4C 1()-5-0.3. fi/edAug 2. 2004, 3:18 p.m.: 27 JR 3875) 312 ,LAC IO-S-2 Gfner;,! liceMinr, for mrnty line cro5,�ings Amiwrity: JC 14-10-2-4; re 14-28-l-5 Affi:cted: IC !4-27-7; IC 14-28·1, IC 14-29-1 Sec. 2. Excei,t �s provided in s:,ctions 3 aad <1 oftliis ntle, a !icensc is required 11r.der IC 1 4-28-1, lC 14-29-1, 1111d 3! 2 !AC 10-4 to pUlcc a utility line iu or on a floodway where: ( I ) the drainag1• area ofa river or�rrerun is ut least on� (I) squarn mile at the downstream end oftl1e line's floodWily segm�nt; or (2) a dam or levee rcgubted under !C 14-27-7 Ls 11fltetcd. (Natural Resources Commif:sion; 3 12 JAC !0-5-2:fi!edJul5. 2001. 9;/2 a . m. • 24 IR 3394, effJon 1, 2002) Jl 2 UC lll-5-3 Aerial i,Joctric, telephone, or cabin television lines; gcnerial lieensc Authority: IC Il-1 0-2-4; re 14-28-1-5 Affected: IC 14-28-1; JC 14-29- l ; JC !4-29-6 See. 3. The placerntm ofun aerial electric, telephone, or cable television line is authorized without a \vrittcn lice1ise issued by th� depann,ent under JC !4-28-L IC 1<1-29-1, and 312 IAC 10-4 if: (J) tl1e activity does not disturb the bed ofthe waterway beneath the lille; (21 the activity conforms with rJ1e minimum cle,1ronce requirements ofsection 4(b)(9) of this rule; (3) tk £'1pporl mechanisms are located at least seventy-fivl" (75) fi:et from the top of the bank; and (4) tl1c uti!iry line crossi1ig is not within the floodwny of a natural river, scenic river, or recreatienal river d�signaled under 3 !2 IAC 7-2. (Natural Resaurce., Commission: 312 !AC 10-5-3; filedJul 5, 2001. 9:12 a.m.: 24 IR 3394, effJan I. 2002: filedAug 2, 2004, 3:18p.m.: 27 JR 3876) • Osage Nation Historic Preservation Office v.AAZO 1$'0<:A 1$'�0/\ Date: September 13, 2022 File: 2122-3738IN-10 RE: DOC, J�DA, lndiana 15 Regional Planning Commission, Town of Santa Claus Water System C11pacity Enhancement Project Spencer Cou11ty, Indiana lndiana 15 Regional Planning Commission Luke Thomas 22 1 E. 1st Street Ferdinand, IN 47532 Dear Mr. Thomas, Th_e Osage Nation Historic Preservation Office has evaluated your submission i-egarding the proposed DOC, EDA, lndi8;J1a I � Regional Planning_Commission_, T_own of Santa Claus Water System Capacity Enhancement ProJect Spencer COlmty, Indiana and determined that the proposed proj ect mo.�t likely will not adversely affect :my sacred properties and/or properties of cultural si<>nificance to the Osaae Nation. For direc! effect, the finding ofthis J\IJ--JPA Section 1 06 review is a defermination uf"No � Properties" eligible or potentially eligible for tbe National Register ofHistoric Places. In accordance with the National Historic Pre�ervation Act, (Nril'A) [54 U.S.C. § 300 \ 0 l et seq.] 1 966, undertakings subject to the review process are reforred to in 54 U.S.C. § 302706 (a), which clarifies that historic properties may have religious and cultural signi.ficance to Indian tribes. Additionally, Section 106 of}H--IPA requires Federal agencies to consider the effects of thei.r actions on historic properties (36 CFR Pa1i 800) as does the National Environmental Policy Act (43 U.S.C. 432 1 and 433 1 -35 and 40 CFR t50 l .7(a) of 1969). The Osage Naho11 concurs that the Indiana 15 Regional Planning Conm1ission fulfilled NHPA compliance by consulting with the Osage Nation Historic Preservation Office in rci;anl to the proposed project ,·eferenccd as DOC 1 EDA, Indiana 15 Rcolonal Planning Co � 1mission, Town of Santa Claus Water System Capacity Enhaucemenl. l'rn_jcct Spencer County, lnd1:u1:1. The Osage Nation has vita! interests in protecting its historic and ancestral cultural resources. We do uol anticipate that this projeet will adversely impact any cultural resources or human remains protected under the NHPA, l\�A, tl1c. Native American G�aves Protection and Repatriation Act, ot Osage law. If, however, artifacts or hnmau remains are discovered during project-related activities we ask that activities cease immediately and the Osage Nation Historic Preservation Office he co�tactcd. S hould you have any questions or need any additional infonnation please feel free to contact Ltike Monis at luke.morris@os11genation-ns11.gov. Thank you for consulting with the Osage Nation on this matter. An drea A. Hunter, Ph.D. Directm, Tribal Historic Preservation Officer l Luke A. Morris, MA Archaeologisi 627 Grnndview Ave. " Pawhuska, OK 74056 Te lephone 918-287-5328 * Fax 91 8-287-5376 www. osagr:nation-nsn.gov/who-we-ire/historic-pre servation * Historicl'rcservation@osagenation·11sn.gov ENVI RONMENTAL I NFORMAT I ON REVISIONS BID SET I 0 202.3 Midwestern EnginL,.,fl;. Inc. 802 We,t Broadwuy Stnm P.O. 0o� 295 l.oo.iiootec. Indiana 4755."l DAT£ JULY 2023 DESIGN J . W.W. DRAWN K. J . G . I N . R . M . Q.C. CHECK PROJECT NUMBER 202 1 089-0 1 4 4 OF 1 2 f11£ NUMBER 43489 I Do Not Use Plan Previews for Take Off