(A) In granting a stormwater management permit, the Boone County Drainage Board and/or Boone County Surveyor may impose such terms and conditions as are reasonably necessary to meet the purposes of this chapter. The project site owner shall ensure compliance with such terms and conditions. Noncompliance with the terms and conditions of permits will be subject to enforcement as described in §§ 53.100 through 53.105 and § 53.999.
(B) The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
(C) In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the Boone County Drainage Board and/or Boone County Surveyor may require more stringent stormwater quantity and quality measures than detailed in this chapter or in the Indiana Stormwater Quality Manual.
(D) Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. A listing of highly erodible soils, outstanding water, impaired water, recreation water and surface drinking water sources can be found in the Boone County Storm Water Quality Management Plan – Part B. Any discharge from a stormwater practice that is a Class V injection well shall meet the Indiana groundwater quality standards. If wetlands are suspected on a site, a wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE). The presence of threatened or endangered species habitat will be determined by the Boone County Drainage Board and/or Boone County Surveyor during the permit review process. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management permit.
(E) Determination of impact drainage areas.
(1) The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the Boone County Drainage Board and/or Boone County Surveyor.
(a) A floodway or floodplain as designated by the most updated Boone County Code dealing with floodplain regulation.
(b) Land within 75 feet of each bank of any ditch within the Boone County's system.
(c) Land within 75 feet of the centerline of any drain tile or enclosed conduit within the Boone County's system.
(2) The Boone County Drainage Board and/or Boone County Surveyor is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the Boone County Drainage Board and/or Boone County Surveyor shall consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility.
(3) Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the Boone County Drainage Board and/or Boone County Surveyor. Special terms and conditions for development within any impact drainage area shall be included in the stormwater management permit.
(Ord. 2004-20, passed 12-13-2004)