(A) Any person or landowner who develops or engages in development activities on land or a development site subject to the provisions of this subchapter must first obtain a Stormwater Management Plan Approval (SWMPA) from the OMCS. A permit is obtained by first submitting a Stormwater Management Plan (SWMP) to the OMCS, which shall include the following:
(1) Complete set of plans including a title page with location and vicinity maps, existing and proposed condition plan sheets, construction details and erosion control plans all sealed by a registered professional. A plan and profile of the proposed drainage system shall be provided. Individual sheets shall be required for existing topography, proposed topography, erosion control, plan and profiles, and details. All sheets shall be 24 inches by 36 inches;
(2) Mineral extraction operations seeking a SWMPA shall submit the following additional materials with their proposed Stormwater Management Plan (SWMP): a certified survey showing the number and proximity of residents within the adjoining area (per 312 I.A.C. § 2-3-2); a copy of the approved driveway permit with all transportation and drainage easements and rights-of-way granted by the applicant along public ways and waterways; and a reclamation plan. Any changes in a plan approved by the OMCS must be submitted to the OMCS and re-approved as a revision. Additional hourly review fees will be applicable to this revision review.
(a) Reclamation plan. Applicants shall provide a plan for the storage of topsoil and reclamation of the site following the cessation of earth movement or removal activities, including a topographical map showing the intended final topography of the site. Reclamation work shall be completed within nine months of the closing of the site (or a portion of the site with regard to phased reclamation plans). Reclamation shall be completed in such a manner that it will ensure natural drainage, prevent standing water, and minimize erosion and sedimentation and be compatible with the planned end use of the reclaimed site. Furthermore, the applicant shall file with the county sufficient bond to ensure reclamation of the site, including installation of visual screening through 20-foot high earthen mounds, to be topped with trees and shrubs, at a distance between 20 feet and 40 feet from public and private rights-of-way and adjoining residential properties. Mounds shall be seeded with native grasses and wildflowers; planting of screening trees and shrubs shall be maintained for a period of five years following cessation of the operation.
(b) Reclamation bond requirements.
1. As a means of ensuring that the reclamation plan is carried out, applicants shall provide an irrevocable letter of credit or other such satisfactory surety or security of $2,500 per acre of affected land on the site, to be released as follows for each section of the site subjected to reclamation, if the pit provides reclamation in stages concurrent with mineral extraction operations:
a. Upon restoration of land topography according to the approved reclamation plan and re-establishment of topsoil, 25% bond release;
b. Upon two years of successful revegetation, 25% bond release;
c. Upon five years of successful revegetation, 25% bond release; and
d. Upon final completion of all earth movement or removal activities and removal of all equipment related thereto, 25% bond release.
2. If the benchmarks, as outlined above are not successfully achieved by the applicant the Drainage Board may forfeit the bond or execute on the letter of credit funds to carry the reclamation activities at the site.
(3) A drainage narrative describing the existing and proposed conditions and runoff patterns and complete documentation of all calculations and assumptions. This narrative shall be sealed by a registered professional; and
(4) All SWMP submittals must meet the requirements of this subchapter and the provisions of the Stormwater Design Manual. A written narrative is required with the submittal stating that the drainage plans are in compliance with the provisions of this subchapter and the Stormwater Design Manual.
(B) The OMCS may require such additional information to be included in a drainage plan that is necessary to evaluate and determine the adequacy of the proposed drainage and water quality facilities.
(C) At such time as the OMCS determines that all requirements of this subchapter are met, a formal notice of approval (SWMPA) shall be issued by the OMCS.
(D) Any construction project holding a SWMP A, determined to be inconsistent with plans previously approved by the OMCS may be subject to the provisions of § 52.11. Any changes in a set of SWMP approved by the OMCS must be submitted to the OMCS and re-approved as a revision. Additional hourly review fees will be applicable to this revision review.
(E) A SWMPA shall expire two calendar years from the date of issuance. At expiration previously permitted development underway may continue construction activities under the terms of the original SWMPA. Previously approved development not underway at the time of expiration shall be required to obtain a new SWMPA per this subchapter prior to the initiation of construction activities.
(Ord. 1-4-17, passed 11-18-2003; Ord. 10-1-1.1, passed 7-19-2004)