Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state and/or county agencies not listed herein. If requirements vary, the most restrictive requirement shall prevail. These permits may include but are not limited to those listed below. Proof of compliance with these state and federal regulations is required to be submitted with the storm water management and sediment control plan before the Planning and Zoning Department will approve or recommend approval.
(a) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, Ohio EPA NPDES Permit Number for the project, or a letter from the site owner explaining why the NPDES Permit is not applicable.
(b) If there is any indication or reasonable evidence that disturbance of an existing watercourse, or potential wetland might occur, one or all of the following may be required depending on the extent and type of disturbance:
(1) Jurisdictional determination. Proof of compliance shall be a copy of the Jurisdictional Determination from the US Army Corps of Engineers affirming the findings of a qualified professionals survey and report of the site.
(2) Section 404 of the Clean Water Act. Proof of compliance shall be a copy of the US Army Corps of Engineers Individual Permit Applications, if an Individual Permit is required for the development project, public notice or project approval. If an Individual Permit is not required, the site owner shall submit proof of compliance with the US Army Corps of Engineers Nationwide Permit Program. This shall include the following:
A. A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable nationwide permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of application of this regulation.
(3) If a Section 404 Permit or Jurisdictional Determination is not required because wetlands or watercourses are not present on the property and there is no indication or reasonable evidence that disturbance will occur, a letter from the site owner verifying that a qualified professional has surveyed the site and found no waters of the United States are present or will be affected must be provided.
(4) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application, public notice or project approval, or a letter from the site owner verifying that a qualified professional has surveyed the site and found no isolated wetlands are present on the site. Isolated wetlands shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of application of this regulation.
(5) Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application, public notice, or project approval, or a letter from the site owner verifying that a qualified professional has surveyed the site and found no water of the United States are present or will be affected by the project. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of applications of this regulation.
(c) Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Water permit application, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 15-O-2820, passed 5-19-2015)