(A) The county requires that all development or redevelopment activities that result in the disturbance of one or more acres of land, including land disturbing activities on individual lots of less than one acre as part of a larger common plan of development or sale, to obtain a stormwater quality management permit.
(B) A stormwater quality management permit must be issued prior to the initiation of any land disturbing activities to ensure the protection of the county’s stormwater system, public health, water quality and aquatic life.
(C) It will be the responsibility of the project site owner to complete a stormwater permit application and to ensure that a sufficient construction plan, including a Stormwater Pollution Prevention Plan (SWPPP), is completed and submitted to the County Engineer in accordance with this chapter.
(D) It will be the responsibility of the project site owner to ensure compliance with this chapter and implementation of the SWPPP during the construction activity, and to notify the county of project termination via a notice of termination (NOT) letter upon completion and stabilization of the site; however, all persons engaging in construction and land disturbing activities on a permitted project site must comply with the requirements of this chapter.
(E) Submittal for a stormwater quality management permit application must include a notice of intent letter with proof of publication of a public notice, construction plans, a stormwater pollution prevention plan and any other necessary information or documentation requested by the county.
(1) The notice of intent (NOI) letter is a standard form that includes the following information:
(a) Name, mailing address and location of the project site for which the notification is submitted;
(b) The project site owner’s name, address, telephone number, e-mail address (if available) and ownership status as federal, state, public, private or other entity;
(c) Contact person (if different than project site owner), person’s name, company name, address, e-mail address (if available) and telephone number;
(d) A brief description of the construction project, including a statement of the total acreage of the project site. Total acreage claimed in the NOI letter shall be consistent with the acreage covered in the construction plan;
(e) Estimated dates for initiation and completion of construction activities;
(f) The latitude and longitude of the approximate center of the project site to the nearest 15 seconds, and the nearest quarter section, township, range and civil township in which the project site is located;
(g) Total impervious surface area, in square feet, of the final project site including structures, roads, parking lots and other similar improvements;
(h) The number of acres to be involved in the construction activities;
(i) Proof of publication of a public notice in a newspaper of general circulation in the affected county notifying the public that construction activities are to commence, and that states the following: “(Company name, address) is submitting an NOI letter to notify the county and the Indiana Department of Environmental Management of our intent to comply with the requirements the [name of Ordinance] and the requirements of 327 I.A.C. 15-5 and 327 I.A.C. 15-13 to discharge stormwater from construction activities for the following project: (name of the construction project, address of the location of the construction project). Run-off from the project site will discharge to (stream(s) receiving the discharge(s))”;
(j) As applicable, a list of all MS4 areas designated under 327 I.A.C. 15-13 in which the project site lies;
(k) A signed certification by the operator that:
1. The stormwater quality measures included in the construction plan comply with the requirements of this chapter and that the SWPPP complies with all applicable federal, state and local stormwater requirements;
2. The measures required by this chapter will be implemented in accordance with the SWPPP;
3. Stormwater quality measures beyond those specified in the stormwater pollution prevention plan will be implemented during the life of the permit if necessary to comply with this chapter; and
4. Installation and maintenance of stormwater quality measures will be inspected by trained individuals.
(l) The name of the receiving water(s) or, if the discharge is to a municipal separate storm sewer, the name of the municipal operator of the storm sewer and the ultimate receiving water;
(m) The NOI letter must be signed by a qualified professional; and
(n) The NOI letter must be submitted to the County Engineer/Planning Department at the following location/address: the County Engineer and the County Plan Commission City-County Building Jeffersonville, IN 47130.
(2) Construction plan sheets and an accompanying narrative report shall be submitted describing existing and proposed site conditions, including the following:
(a) Project narrative and supporting documents, including the following information:
1. An index indicating the location in the construction plans of all information required by this division (E)(2)(a);
2. Description of the nature and purpose of the project;
3. Legal description of the project site. The description should be to the nearest quarter section, township and range, and include the civil township;
4. Soil properties, character-istics, limitations and hazards associated with the project site and the measures that will be integrated into the project to overcome or minimize adverse soil conditions;
5. General construction sequence of how the project site will be built, including phases of construction;
6. Fourteen-Digit Watershed Hydrologic Unit Code (HUC);
7. A reduced plat or project site map showing the lot numbers, lot boundaries and road layout and names. The reduced map must be legible and submitted on a sheet or sheets no larger than 11 inches by 17 inches for all phases or sections of the project site;
8. A general site plan exhibit with the proposed construction is superimposed on ortho-aerial map at a scale of one inch equals 100 feet. The exhibit should provide two-foot contour information and include all roads and buildings within a minimum 500 feet radius beyond the project boundaries; and
9. Identification of any other state or federal water quality permits that are required for construction activities associated with the owner’s project site.
(b) Vicinity map depicting the project site location in relationship to recognizable local landmarks, towns and major roads, such as a USGS topographic quadrangle map or county or municipal road map;
(c) An existing project site layout that must include the following information:
1. Location, name and normal water level of all wetlands, lakes, ponds and water courses on, or adjacent to, the project site;
2. Location of all existing structures on the project site;
3. One hundred-year floodplains, floodway fringes and floodways. Please note if none exists;
4. Soil map of the predominant soil types, as determined by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey or as determined by a soil scientist. A soil legend must be included with the soil map;
5. Identification and delineation of vegetative cover, such as grass, weeds, brush and trees, on the project site;
6. Location of storm, sanitary, combined sewer and septic tank systems and outfalls;
7. Location of regulated drains, farm drains, inlets and outfalls, if any exist of record;
8. Land use of all adjacent properties; and
9. Existing topography at a contour interval appropriate to indicate drainage patterns.
(d) Final project site layout, including the following information:
1. Location of all proposed site improvements, including roads, utilities, lot delineation and identification, proposed structures and common areas;
2. One-hundred year floodplains, floodway fringes and floodways. Please note if none exists; and
3. Proposed final topography at a contour interval appropriate to indicate drainage patterns.
(e) A grading plan, including the following information:
1. The grading plan shall include provisions for operation and maintenance of measures identified in the perimeter control plan;
2. The grading plan shall make clear the erosion prevention and sediment controls which are most appropriate to the specific site conditions;
3. The grading plan shall illustrate the location and extent of erosion prevention and sediment controls;
4. The grading plan shall include sequencing and schedule information, structural and non-structural best management practices (BMPs), temporary and permanent stabilization measures;
5. The grading plan shall include anticipated inspection and maintenance requirements for permanent and temporary measures. This shall include the expected frequency of routine inspections and maintenance activities (such as removal of sediment and construction debris);
6. The grading plan shall include provisions for construction phasing. This shall be designed so that stripping and clearing of the site exposes only the area necessary for immediate activities and minimizes the amount of soil exposed at any one time. This includes rough grading, construction of utilities, infrastructure and buildings, and final grading and landscaping. Phasing should identify the expected date on which clearing of the area will begin and the estimated duration of exposure. The sequence of phased clearing and the installation of temporary and permanent erosion control measures should be identified;
7. The grading plan shall include provisions for a no-disturbance waterway buffer, including:
a. The no-disturbance waterway buffer shall be defined as 25 feet from the top of waterway bank as defined by geomorphic shape and not by the current water surface elevation; and
b. The no-disturbance waterway buffer shall be applied to all waterways and open-air drainage systems that drain more than 100 acres of tributary area or is presented on a United States Geological Survey map as a solid and dashed blue line stream.
8. The grading plan shall include provisions for stabilizing denuded areas and soil stockpiles.
a. Soil stabilization shall be designed to prevent the erosive forces of rain and water flow from washing soil from the site. Soil stabilization measures may be temporary and/or permanent and should be appropriate to the seasonal hydrology, site conditions and estimated duration the measure will be in place.
b. Denuded areas must be stabilized with permanent or temporary soil stabilization measures within 15 days of either achieving final grade, or within 15 days to any area that will remain dormant for over 60 days.
c. Soil stockpiles, if left undisturbed for 15 or more days, shall be stabilized. Sediment trapping measures such as sediment traps and detention ponds shall be utilized to prevent soil loss from the project site through the duration of soil stockpiling practices.
9. The grading plan shall include provisions for stabilizing cut and fill slopes.
a. Minimization of erosion must be considered when designing and constructing cut and fill slopes. Length, steepness, soil type, upslope tributary area, groundwater and other relevant factors must all be taken into account.
b. Stabilization practices such as rock riprap, geosynthetic material or other methods approved by the county shall be used on cut and fill slopes at three to one or greater.
c. Cut and fill slopes must be stabilized with permanent or temporary soil stabilization measures within 15 days of either achieving final grade, or within 15 days to any area that will remain dormant for over 60 days.
10. The grading plan shall include provisions for erosion prevention measures. Erosion prevention measures shall be designed to minimize the suspension of sediment from the soil. The controls may function independently or in combination with sediment control measures to prevent sediment laden runoff from leaving the construction site. Acceptable erosion prevention practices include:
a. Phased construction/ clearing;
b. Dust control;
c. Construction road stabilization;
d. Temporary seeding;
e. Top soiling;
f. Mulching;
g. Nets and mats;
h. Geotextiles;
i. Terracing;
j. Soil bioengineering - slope and stream stabilization;
k. Rip-rap;
l. Channel linings;
m. Temporary diversions, drains and swales;
n. Stream crossings;
o. Water bar; and
p. Other measures reviewed and accepted by the county are also appropriate erosion prevention practices.
11. The grading plan shall include provisions for sediment control measures. Sediment control measures shall be designed to remove sediment, by settling, flocculating, filtering or other means, from storm runoff prior to discharge from the construction site. The controls may function independently or in combination with erosion prevention measures, to prevent sediment laden runoff from leaving the construction site. Acceptable sediment control practices include:
a. Stabilized construction entrance;
b. Construction entrance tire washing;
c. Buffer zones;
d. Check dams;
e. Silt fence;
f. Double layered straw bale barrier;
g. Sand bag barrier;
h. Brush, rock filter and continuous berms;
i. Sediment traps;
j. Temporary sediment/ detention basin;
k. Temporary inlet pro-tection;
l. Temporary outlet protection;
m. Infiltration systems;
n. Wet detention ponds;
o. Dry detention ponds;
p. Constructed wetlands;
q. Biofilter swales;
r. Water quality inlets and hydrodynamic separators; and
s. Other measures reviewed and accepted by the county, are also appropriate sediment control practices.
(f) A drainage plan, including the following information:
1. An estimate of the peak discharge, based on the ten-year storm event, of the project site for both pre-construction and post-construction conditions;
2. Calculation showing that the peak runoff rate post-development for the ten-year and 100-year return period storms of critical duration will not exceed the two-year and ten-year return period pre-development peak runoff rates, respectively;
3. Location, size and dimensions of all stormwater drainage systems, such as culverts, storm sewers and conveyance channels;
4. Locations where stormwater may be directly discharged into ground water, such as abandoned wells or sinkholes. Please note if none exists.
5. Locations of specific points where stormwater discharge will leave the project site;
6. Name of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water;
7. Location, size and dimensions of features, such as permanent retention or detention facilities, including existing or human-made wetlands, used for the purpose of stormwater management. Include existing retention or detention facilities that will be maintained, enlarged or otherwise altered and new ponds or basins to be built and the basis of their design; and
8. The estimated depth and amount of storage required by the design of the new pond(s) or basin(s).
(g) A stormwater pollution prevention plan (SWPPP) for construction activities must be designed to, at a minimum, meet the requirements of this chapter, and must include the following:
1. Location, dimensions, detailed specifications and construction details of all temporary and permanent stormwater quality measures;
2. Temporary stabilization plans and sequence of implementation;
3. Permanent stabilization plans and sequence of implementation;
4. Temporary and permanent stabilization plans shall include the following:
a. Specifications and application rates for soil amendments and seed mixtures; and
b. The type and application rate for anchored mulch.
5. Construction sequence describing the relationship between implementation of stormwater quality measures and stages of construction activities;
6. Anticipated inspection and maintenance requirements for permanent and temporary measures. This shall include the expected frequency of routine inspections and maintenance activities (such as removal of waste concrete);
7. A description of potential pollutant sources associated with the construction activities that may reasonably be expected to add a significant amount of pollutants to stormwater discharges, including:
a. Waste concrete manage-ment;
b. Material delivery, hand-ling and storage;
c. Sanitary/septic waste management;
d. Solid waste/trash and debris management;
e. Spill prevention control and countermeasures;
f. Vehicle and equipment cleaning, fueling and maintenance; and
g. Sensitive and vegetated area preservation.
8. Material delivery, handling and storage associated with construction activities shall meet the spill prevention and spill response requirements of 327 I.A.C. 2-6.1; and
9. The SWPPP must include provisions for addressing the following issues as applicable to the site-specific construction activities:
a. Dewatering operations;
b. Contaminated soil management;
c. Hazardous materials and waste management;
d. Pesticides, herbicides and fertilizer use;
e. Collection system main-tenance;
f. Drainage system flushing;
g. Over-water activities;
h. A typical erosion and sediment control plan for individual lots; and
i. Self-monitoring program including plan and procedures.
(h) The State Department of Natural Resource’s guidance documents, including the Handbook for Erosion Control in Developing Areas, 1985 or the Indiana Stormwater Quality Manual, should be reviewed and considered when preparing the Grading Plan and Stormwater Pollution Prevention Plan.
(i) The county reserves the right to develop or adopt other guidance documents to serve as design and implementation standards. Other guidance documents distributed by the county should be reviewed and considered when preparing the grading plan and stormwater pollution prevention plan. These documents may be applied by the county as standards by which designs are to be prepared and controls implemented.
(F) Requirements for individual lots.
(1) Although no permit is required for individual lots disturbing less than one acre within a larger permitted project, a formal stormwater review will be required prior to the issuance of a building permit. All stormwater management measures necessary to comply with this chapter must be implemented in accordance with the permitted plan for the larger project.
(2) The county requires individual lot operators, whether owning the property or acting as the agent of the property owner, to submit the following information for review and approval, prior to the issuance of a building permit.
(3) A site location plan showing the individual lot and all adjacent lots dimensions, elevations, drainage patterns and swales.
(4) An erosion and sediment control plan that, at a minimum, includes the following measures:
(a) Installation and maintenance of a stable construction site access;
(b) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance;
(c) Sediment discharge and tracking from each lot must be minimized throughout the land disturbing activities on the lot until permanent stabilization has been achieved:
1. Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules;
2. Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization; and
3. Self-monitoring program, including a plan and procedures.
(d) Certification of compliance stating that the individual lot plan is consistent with the stormwater management permit approved by the county for the larger project; and
(e) The individual lot operator is responsible for the installation and maintenance of all erosion and sediment control measures until the site is stabilized.
(G) Stormwater quality management permit termination.
(1) The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
(2) The project site owner shall submit a notice of termination (NOT) letter to the county and the IDEM and in accordance with the following:
(a) Except as provided in 4.9.2.2, the project site owner shall submit an NOT letter when the following conditions have been met: all land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized; and all temporary erosion and sediment control measures have been removed;
(b) The NOT letter must contain a verified statement that each of the conditions in this subdivision has been met;
(c) The project site owner may submit an NOT letter to obtain early release from compliance with this chapter, if the following conditions are met.
1. The remaining, undeveloped acreage does not exceed five acres, with contiguous areas not to exceed one acre.
2. A map of the project site, clearly identifying all remaining undeveloped lots, is attached to the NOT letter. The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all undeveloped lots.
3. All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the appropriate local entity.
4. The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties or water quality.
5. All permanent stormwater quality measures have been implemented and are operational.
(d) Following acceptance of the NOT letter and written approval for early release under subsection 4.9.2, the project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the remaining undeveloped acreage and acreage with construction activity that they are responsible for complying with this chapter. The remaining individual lot owners do not need to submit an NOI letter or NOT letter. The notice must contain a verified statement that each of the conditions in subsection 4.9.2.1.1 have been met. The notice must also inform the individual lot owners of the requirements to:
1. Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
2. Maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan.
(e) The SWCD, DNR-DSC, other entity designated by the Department or a regulated MS4 entity, or the Department may inspect the project site to evaluate the adequacy of the remaining storm- water quality measures and compliance with the NOT letter requirements. If the inspecting entity finds that the project site owner has sufficiently filed an NOT letter, the entity shall forward notification to the Department. Upon receipt of the verified NOT letter by the Department and receipt of written approval from the Department, the project site owner shall no longer be responsible for compliance with this rule.
(f) After a verified NOT letter has been submitted for a project site, maintenance of the remaining stormwater quality measures shall be the responsibility of the individual lot owner or occupier of the property.
(3) A stormwater quality management permit shall be considered open and active until a time when the county accepts the site conditions and as-built requirements have been completed.
(4) Acceptance of site conditions shall be made by the county or its designated representative based upon an inspection. If any of the following items are deemed to be insufficient, not appropriate and/or inconsistent with the grading plan, stormwater pollution prevention plan or objectives stated in this chapter, the approval will not be granted:
(a) Pipes, channels, catch basins, water quality treatment devices and other infrastructure are clear of sediment, obstructions and debris, and are designed and operating as appropriate for final site conditions;
(b) Slopes are permanently stabilized;
(c) Temporary erosion prevention or sediment control devices (such as silt fence and staking, outlet protection and the like) have been removed (as appropriate) and any resulting soil disturbance stabilized;
(d) Temporary pollution prevention practices have been demobilized or removed and affected areas stabilized;
(e) Sediment has been removed and slopes stabilized for permanent flood control and water quality control practices;
(f) Detention pond grading is stabilized and/or excess sediment removed so that actual volume is at least equal to designed volume and condition; and
(g) Other items as deemed to be important by the county or its designate.
(5) As-built requirements.
(a) Prior to issuance of a use and occupancy permit or final release of bond, the as-built condition of critical stormwater management facilities must be reviewed and approved.
(b) The volume, capacity, slope, configuration, condition, “as-planted” plans and topographic information, as well as all pipe size, material, lengths, for all detention, retention and water quality practices shall be certified by a professional engineer licensed in the state. This information shall be provided to the county in the form of an as-built drawing or other electronic form accepted/required by the county. The as-built certification shall indicate if final conditions are consistent with, or exceed, the stormwater quality management permit provisions.
(c) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site do not meet or exceed the stormwater quality management permit requirements, the county reserves the right to withhold certification of occupancy or final bond. Furthermore, other enforcement mechanisms, as identified within this chapter, may be applied to the person certifying the as-built information.
(d) If upon inspection by the county or designated agent it is determined that there is an item that must be addressed to receive acceptance of site conditions, then the person shall be required to continue inspections and maintenance as described in the stormwater quality management permit.
(Ord. 20-2004, passed 12-16-2004)