Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the city will issue a building or zoning permit.
(a) State’s 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 the applicant’s notice of intent (NOI) number from the state’s EPA, a copy of the state’s EPA Director’s authorization letter for the NPDES permit or a letter from the site owner certifying and explaining why the NPDES permit is not applicable.
(b) Section 401 of the Clean Water Act, being 33 U.S.C. § 1341. Proof of compliance shall be a copy of the state’s EPA water quality certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that § 401 of the Clean Water Act, being 33 U.S.C. § 1341, is not applicable. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(c) State’s EPA isolated wetland permit. Proof of compliance shall be a copy of the state’s EPA’s isolated wetland permit application tracking number, public notice, project approval or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that the state’s EPA’s isolated wetlands permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act, being 33 U.S.C. § 1344. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice or project approval, if an individual permit is required for the development project. If an individual permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer’s Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that § 404 of the Clean Water Act, being 33 U.S.C. § 1344, is not applicable; or
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable nationwide permit. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) The state’s dam safety law. Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the state’s dam safety law is not applicable.
(Ord. 05-17, passed 3-30-2017)