1. The applicant shall request a pre-application meeting, which will be facilitated by the City between the applicant, City staff, and staff of partner agencies as applicable. The meeting shall be mandatory prior to submission of a permit application. The purposes of the meeting are to understand the general parameters of the proposed project and to convey the requirements of meeting the provisions of this chapter and other applicable ordinances.
2. The City shall make a determination regarding the completeness of a City COSESCO permit application within ten (10) business days of the receipt of the application and notify the applicant in writing if the application is not complete including the reasons the application was deemed incomplete.
3. The applicant shall not commence any construction activity subject to this chapter until a City COSESCO permit has been authorized by the City. A complete review of the permit application shall be done within fifteen (15) business days of the receipt of a complete permit application from the applicant. The City will work with the necessary State, County, and local agencies to complete its review. The City shall review all information in the permit application, including proposed storm water practices, hydrologic models, and design methodologies and certify compliance with this chapter. Applications for City COSESCO permits shall be made on forms approved by the City, which applications may be obtained from the office of the City Clerk.
4. All permit fees under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such permit fees may, from time to time, be amended by the Council by resolution.
5. An applicant in possession of a State NPDES general permit #2 issued by the IDNR shall immediately submit to the City full copies of the materials described below as a basis for the City to determine whether to issue a City COSESCO permit:
A. Applicant’s plans, specifications, and supporting materials previously submitted to the IDNR in support of applicant’s application for the State NPDES general permit #2;
B. Applicant’s authorizations issued pursuant to applicant’s State NPDES general permit #2; and
C. A Storm Water Pollution Prevention Plan (“SWPPP”) prepared in accordance with this chapter.
6. Every SWPPP submitted to the City in support of an application for a City COSESCO permit shall:
A. Comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a State NPDES general permit #2;
B. If the applicant is required by law to file a Joint Application Form, PROTECTING IOWA WATERS, IOWA DEPARTMENT OF NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS, comply with all mandatory minimum requirements pertaining to such applications;
C. Comply with all other applicable State or federal permit requirements in existence at the time of application;
D. Be prepared by a licensed professional engineer or landscape architect or a professional in erosion and sediment control or a representative of the local Soil and Water Conservation District, credentialed in a manner acceptable to the City; and
E. Include within the SWPPP a signed and dated certification by the NPDES general permit #2 permit holder that the SWPPP complies with all requirements of this chapter and the applicant’s NPDES general permit #2.
7. In addition to the SWPPP requirements stated in subsection 6 of this section, which constitute minimum mandatory requirements imposed by the Program, every SWPPP submitted to the City in support of an application for a City COSESCO permit shall comply with SUDAS standard design criteria, including but not limited to design, location, and phased implementation of effective, practicable storm water pollution prevention measures, and shall also:
A. Limit total off-site annual aggregate sediment yield for exposed areas to an equivalent amount resulting from sheet and rill erosion equal to an annual, cumulative soil loss rate not to exceed the standard established from time to time by Soil and Water Conservation Districts; erosion rates can exceed soil loss limits as long as sediment yield does not exceed that expected from allowable erosion rates.
B. Identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site.
C. Calculate the predicted erosion and estimated sediment yield for the construction site using the USDA Revised Universal Soil Loss Equation.
D. Assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in the street.
E. Include an affidavit stating that the erosion caused by the activity will not exceed the Soil and Water Conservation District’s adopted soil and loss limits according to Section 161A.64 of the Code of Iowa.
F. Identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified.
G. Assure that all temporary erosion and sediment controls shall not be removed until the City has determined that the site has been permanently stabilized.
H. Assure that all disturbed sites be permanently stabilized with 70% perennial cover as measured by the USDA line transect method.
I. Identify methods to prevent sediment damage to adjacent properties and sensitive environmental areas such as water bodies, plant communities, rare, threatened, and/or endangered species habitats, wildlife corridors, greenways, etc.
J. Provide for design and construction methods to stabilize steep or long continuous slopes.
K. Include measures to control the quantity and quality of storm water leaving a site before, during, and after construction.
L. Provide for stabilization of all waterways and outlets.
M. Protect storm sewer infrastructure from sediment loading/plugging.
N. Specify precautions to be taken to contain sediment when working in or crossing water bodies.
O. Assure stabilization of disturbed areas, including utility construction areas, as soon as possible.
P. Protect outlying roads from sediment and mud from construction site activities, including tracking.
Q. Provide for disposal of collected sediment and floating debris.
R. Assure that, when working near Walnut or North Walnut Creek, the specific practices itemized immediately below are utilized:
(1) During Construction.
a. All exposed soil areas with a slope of 3:1 or steeper, which have a continuous positive slope to Walnut or North Walnut Creek, should have temporary erosion protection or permanent cover within three days after the area is no longer actively being worked; all other slopes that have a continuous positive slope to Walnut or North Walnut Creek should have temporary erosion protection or permanent cover within seven days after the area is no longer actively being worked.
b. Temporary sediment basin requirements should be used for common drainage locations that serve an area with five or more acres disturbed at one time.
(2) Buffer Zone. Provide for the maintenance at all times of an undisturbed buffer zone consisting of not less than 100 linear feet from Walnut or North Walnut Creek. Exceptions from this for areas such as water crossings or limited water access are allowed if the applicant fully documents in the SWPPP the circumstances and reasons that the buffer encroachment is necessary; all potential water quality, scenic and other environmental impacts of these exceptions should be minimized and documented in the SWPPP for the project.
(3) Enhanced Temperature Controls. Design the permanent storm water management system such that the discharge from the project will minimize any increase in the temperature.
a. Minimize new impervious surfaces; and/or
b. Other methods that will minimize any increase in the temperature of the sensitive waters.
8. Issuance by the City of a City COSESCO permit shall be a condition precedent for the issuance of a City building permit or site plan approval.
9. Every Erosion and Sediment Control Plan (ESC) submitted to the City in support of a City COSESCO permit shall:
A. Phase construction to minimize duration of exposed soil areas.
B. Provide temporary and permanent erosion prevention, sediment control, storm water runoff, and soil stabilization BMPs along with procedures to establish additional temporary BMPs as necessary for the site conditions during construction.
C. Provide final stabilization of all exposed soil areas.
D. Incorporate the following into the site design for erosion and sediment control:
(1) Minimize disturbance of natural soil cover and vegetation.
(2) Minimize, in area and duration, exposed soil and unstable soil conditions.
(3) Protect receiving water bodies, wetlands, and storm sewer inlets.
(4) Protect adjacent properties from sediment deposition.
(5) Minimize off-site sediment transport on trucks and equipment.
(6) Minimize work in and adjacent to water bodies and wetlands.
(7) Maintain stable slopes.
(8) Avoid steep slopes and the need for high cuts and fills.
(9) Minimize disturbance to the surrounding soils, root systems, and trunks of trees adjacent to site activity that are intended to be left standing.
(10) Minimize the compaction of site soils.
E. Identify the:
(1) Elevations, sections, profiles, and details as needed to describe all natural and artificial features of the project.
(2) 100-year flood elevation with and without the floodway, flood fringe, and/or general flood boundary, if available.
(3) Normal water level, high water level, and emergency overflow elevations for the site and all associated ponding systems.
(4) Locations of all storm water management practices, infiltration areas, and areas not to be disturbed during construction.
(5) Location, size, and approximate grade of proposed public sewer and water mains.
(6) Construction phasing including a map and calculations as necessary of areas of grubbing, clearing, tree removal, grading, excavation, fill and other disturbance; areas of soil or earth material storage; quantities of soil or earth material to be removed, placed, stored or otherwise moved on site, delineated limits of disturbance, and final stabilization methods.
(7) Locations of planned temporary and permanent erosion prevention, sediment control, storm water runoff, and soil stabilization BMPs.
10. For so long as a construction site is subject to a State NPDES general permit #2 or a City COSESCO permit, the applicant shall provide the City with current information, as follows:
A. The name, address, and telephone number of the person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the State NPDES general permit #2 and the City COSESCO permit;
B. The names, addresses, and telephone numbers of the contractors and/or subcontractors that will implement each erosion and sediment control measure identified in the SWPPP or ESC.
Applicant’s failure to provide current information shall constitute a violation of this chapter.
11. Developers can transfer State NPDES general permit #2 and the City COSESCO permit responsibility to homebuilders, new lot owners, contractors, and subcontractors. Transferees must agree to the transfer in writing, must agree to fulfill all obligations of the SWPPP or ESC, the State NPDES general permit #2 (if applicable), and the City COSESCO permit. Absent such written confirmation of transfer of obligations, the developer remains responsible for compliance on any lot that has been sold. A developer shall notify the City of any application to the DNR for release of any property from a general permit #2 pursuant to Iowa Administrative Code 567, 64.6(6) or any similar successor provision.
12. Upon receipt of an application for a City COSESCO permit, the City shall either find that the application complies with this chapter and issue a City COSESCO permit in accordance with this chapter, or that the application fails to comply with this chapter; in which case, the City shall provide a bill of particulars identifying non-compliant elements of the application. The City will use a consulting engineer to accomplish this review.
13. Application for termination of a City COSESCO permit shall be made by contacting the City Inspector.
14. Before work under the permit is deemed complete, the permittee must submit as-builts and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications.