(A) Development shall not diminish the flood carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development the applicant must submit certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.
(B) Applicant will be responsible for obtaining all necessary permits from governmental agencies from which approval is required by federal, state, or local law, including, but not limited to, § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334; the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 through 1544; and State of Oregon Division of State Lands regulations.
(C) The Floodplain Administrator shall notify adjacent communities and State Department of Land Conservation and Development prior to any alteration or relocation of the watercourse. Copies of such notification shall be submitted to the Federal Insurance Administrator.
(D) The Floodplain Administrator shall assure that maintenance for the altered or relocated portion of the water course is provided so that the flood carrying capacity will not be diminished. It shall be the responsibility of the applicant to perform required maintenance. To accomplish this, the Administrator shall require the applicant to file a new deed for the subject property that lists the requirement for maintenance in detail as a liability for the property.
(E) The applicant shall submit to the Floodplain Administrator technical data as set forth in § 153.34 prior to any watercourse alteration that will result in the expansion, relocation, or elimination of the special flood hazard area
(Ord. 527, passed 1-14-2013)