Background:

Development of an 18-acre residential and commercial subdivision known as North Hampstead  located in the Flint Lake watershed in Valparaiso began in 2005 despite numerous concerns raised by the City Engineer and concerned citizens about the site's drainage plan and its inability to adequately handle stormwater runoff. These concerns were ignored and, consequently, after every measurable storm event, large amounts of sediment laden runoff discharge into a basin that drains under Calumet Avenue into a small tributary stream of Flint Lake and into lagoons and wetlands on the south side of Flint Lake.

In March of 2006, the developers applied for a permit and water quality certification from IDEM to discharge dredge and fill material into two wetlands on site: an emergent, jurisdictional wetland and an isolated, forested wetland. The stated purpose was to create a detention pond and facilitate construction. Without any analysis of downstream impact and despite receiving numerous complaints of soil erosion and failure of developers to comply with Indiana's stormwater management laws, IDEM approved the isolated wetland permit and granted water quality certification. Consequently, several concerned citizens including two who live adjacent to the lagoons receiving runoff from the site filed a pro se Petition for Administrative Review.

When IDEM moved to dismiss one Petitioner for alleged lack of standing, LEAF filed an appearance for all pro se Petitioners, amended their administrative review petitions and filed a legal brief in response to IDEM's Motion to Dismiss. The case is currently set for final hearing on September 23, 2008.

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