(a) Erosion and Sediment Control 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 requirement shall be followed.
(b) Erosion and Sediment Control Plans shall be accompanied by other permits and documentation relevant to the project, including, but not limited to, the following. No soil-disturbing activity shall begin before all necessary state and federal permits have been granted to the owner or operator.
(1) Proof of compliance with the OEPA General Storm Water National Pollutant Discharge Elimination System (NPDES) Permit. 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; and/or the 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 of Engineers relating to waters of the United States under its jurisdiction and proof of issuance of a Section 401 Water Quality Certificate or Isolated Wetland Permit by the OEPA. Proof of Section 404 compliance shall be, but is not limited to, a copy of the U.S. Army Corps of Engineers permit, showing project approval and any restrictions that apply to site activities, 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, 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 waters of the United States. Such a letter shall be noted on site plans submitted to the Community.
B. A site plan showing that any proposed fill or dredging of waters of the United States conforms with 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 US Army Corps of Engineers at the time of application of these regulations.
(3) If an Isolated Wetland Permit from OEPA is not required, the site owner shall submit proof of exemption based upon a site analysis from a qualified professional recognized by OEPA or the Army Corps of Engineers as a person who may delineate wetlands.
(4) 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. 02-30. Passed 8-1-02.)