1193.06  COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
   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 of Kent will issue any permits.
   (a)   Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliances with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio 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: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professionals has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable.  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. 
   (c)   Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of the Ohio 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 Ohio EPA's  Isolated Wetlands Permit is not applicable.  Isolated wetlands shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of this regulation.
   (d)   Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the US 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 US 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 section 404 of the Clean Water Act is not applicable.
      (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 US Army Corps of Engineers at the time of the application of this regulation.
   (e)   Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Soil and Water Resource permit application tracking number, a copy of the project approval letter from the ODNR Division of Soil and Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
      (Ord. 2017-17.  Passed 3-15-17.)