No person shall cause or allow soil-disturbing activities, land clearing, grading, excavating or filling within the scope of these rules without full compliance with the requirements set forth in these rules.
(a) When a proposed soil-disturbing activity on land used or being developed, either wholly or partially, for non-farm residential, commercial, industrial, recreational or other non-farm purposes consists of one (1) or more contiguous acres of land owned by one person or operated as one development unit for the construction of non-farm buildings, structures, utilities, recreational areas or other limited non- farm uses, the owner of said land shall prepare and file with the City of Louisville an Erosion and Sediment Control (ESC) plan. Areas of less than one (1) contiguous acre shall not be exempt from compliance with other provisions of these rules including but not limited to installing and maintaining erosion/sediment control practices to prevent sediment from depositing into local creeks, ditches, ponds or onto existing landowners’ properties.
(b) The submitted plan must be approved by the City of Louisville before the start of any soil-disturbing activity. It is mandatory that a qualified person who has completed the training in erosion/sediment control, design the ESC Plan.
(c) The owner or owner’s delegated representative of said land shall notify the City of Louisville no less than two (2) working days before the start of soil-disturbing activity. The City of Louisville shall also be notified by the owner no later than five (5) working days after project completion.
(d) The ESC plan shall be submitted to the City of Louisville for review no less than thirty (30) days before any soil-disturbing activity at the proposed site.
(e) The ESC plan shall contain narrative and drawings that explain practices to be used to prevent soil erosion and off-site disposal of soil sediment during and after land development. (See Section 1324.05 for plan requirements and review schedules).
(f) Erosion and sediment control practices used to satisfy the performance criteria of these Rules shall meet the specifications provided in the most current edition of Rainwater & Land Development Manual, Ohio’s Standards for Storm water Management and Land Development, and Urban Stream Protection, published by Ohio Department of Natural Resources or manual approved by the City of Louisville. The City of Louisville, through an engineering firm of the City’s choice, shall review any new or innovative practice before incorporating them into a plan. (See Section 1324.05 for performance standards and requirements.)
(g) The ESC plan shall contain all items in Section 1324.05 of these rules and shall be accompanied by proof of compliance and/or notification with required natural resource permits and documentation relevant to the project, including:
(1) Proof of compliance with the Ohio Environmental Protection Agency (OEPA) General Storm Water National Pollution Discharge Elimination System (NPDES) permit. Proof of compliance shall be, but not limited to, a copy of NPDES General Storm Water permit Notice of Intent, and/or a copy of NPDES General Storm Water permit number, and/or a copy of OEPA Director’s Acceptance Letter for NPDES permit.
(2) Proof of compliance with Section 404 of the Clean Water Act administered by the U.S. Army Corps to streams, wetlands, and waterways under its jurisdiction. Proof of compliance shall be, but is not limited to, a copy of the U.S. Army Corps of Engineers permit number, and/or project approval letter from a U.S. Army Corps of Engineers agent.
(3) Proof of compliance with the Ohio Dam Safety Law administered by ODNR Division of Water. Proof of compliance shall be, but is not limited to, a copy of the ODNR Division of Water permit number, and/or project approval letter from the ODNR Division of Water. If the dam is exempt from the Ohio Dam Safety Laws, a letter from the designer stating the criteria for exemption is satisfactory.
(4) Wetland Delineation verified by the U.S. Army Corps of Engineers.
(h) The owner and/or developer of said land and/or the developer’s delegated representative, shall meet with the City of Louisville Inspector for a Pre-Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site.
(i) The Developer’s delegated representative shall perform first inspection of erosion and sediment control practices to certify that the practices comply with the approved plan no less than two (2) working days after the start of the project. An inspection report confirming this should be completed by the Developer’s delegated representative and if requested, sent to the City of Louisville confirming said inspection. The City of Louisville will perform bi-monthly inspections of on going construction sites sending a report of any deficiencies.
(j) All permitted activity shall be subject to monitoring. Site inspection by the City of Louisville shall record compliance. (See Section 1324.06) for monitoring schedule, inspection reports and findings of non-compliance.)
(k) If the site is, or plans to remain active through the winter months, a Pre-Winter Stabilization Meeting shall be held by the developer of said land and/or delegated representative of the project and the City of Louisville prior to October 30, in order to plan winter erosion and sediment controls as defined in the most current edition of Rainwater & Land Development Manual, Ohio’s standards for Storm water Management and Land Development, and Urban Stream Protection, published by Ohio Department of Natural Resources.
(l) Upon completion of all construction and final stabilization of the entire construction site, the owner or delegated representative of said land shall contact the City of Louisville through written notification that construction is complete and final stabilization, as specified in the Rainwater & Land Development Book, has been achieved.
(Ord. 12-27. Passed 5-7-12.)