(a) Storm Water Management Plans issued in accordance with this regulation do not relieve the site owner of responsibility for obtaining all other necessary permits and/or approvals from federal, state, and/or county agencies. If requirements vary, the most stringent shall prevail.
(b) Storm Water Management Plans shall be accompanied by other permits and documentation relevant to the project, such as those listed below. No soil disturbing activity shall begin before all necessary state and federal permits have been granted to the owner or operator, and the City of Loveland notified of such. These permits may include, but are not limited to, the following:
(1) Proof of Compliance with the OEPA General NPDES Storm Water Permit authorizing storm water discharges associated with development activity. Proof of compliance shall be, but is not limited to, a copy of the NPDES General Storm Water Permit Notice of Intent ; the NPDES General Storm Water Permit Number; a copy of the OEPA Director's Acceptance Letter for the NPDES Permit; or a letter from the site owner explaining why the NPDES Permit is not applicable.
(2) Proof of compliance with 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 waters of the United States. Such a statement shall be noted on site plans submitted to the City of Loveland Engineer. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the Ohio EPA at the time of application of this regulation.
(3) Proof of compliance with OEPA Isolated Wetland Permit. Proof of compliance shall be a copy of OEPA'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. Such a statement shall be noted on site plans submitted to the City of Loveland Engineer. Isolated wetlands shall be delineated by protocols accepted by the OEPA at the time of application of this regulation.
(4) Proof of compliance with Section 404 of the Clean Water Act administered by the U.S. Army Corps of Engineers relating to waters of the United States under its jurisdiction. Soil-disturbing activities regulated under this chapter shall not begin until all necessary federal, state, and/or county agencies' permits have been granted to the site owner, and proof of compliance has been provided to the City of Loveland. Proof of compliance shall be, but is not limited to, a copy of the U.S. Army Corps of Engineers Individual Permit, if an Individual Permit is required for the development project, showing project approval and any restrictions that apply to site activities. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineers' Nationwide Permit Program. This shall include, but is not limited to, one of the following:
A. A letter from the site owner verifying that a qualified professional has surveyed the site and found no water of the United States. Such a letter shall be noted on site plans submitted to the City of Loveland.
B. 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 U.S. Army Corps of Engineers at the time of application of this regulation.
(5) 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, 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. 2022-31. Passed 4-12-22.)