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Waterway Permits Manual Style Definition: Heading 3,GeoHead1: Font: Trebuchet MS, WATERWAY PERMITS MANUAL 16 pt, Space After: 12 pt Deleted: CHAPTER 6 OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENTAL SERVICES 1980 WEST BROAD STREET MAIL STOP 4170 COLUMBUS, OHIO 43223 (614) 466-7100 2020 Deleted: 19 Approved for public release. Distribution unlimited. Formatted: Font: 4 pt Formatted ... Formatted ... Waterway Permits Manual Formatted ... Formatted ... Formatted TABLE OF CONTENTS ... Formatted ... APPENDICES ONLINE .................................................................................................... III Formatted ... CHAPTER 1. INTRODUCTION ............................................................................................ 4 Formatted ... 1.1 INTRODUCTION TO WATERWAY PERMITS ................................................................................ 4 Formatted ... 1.2 RELEVANT ENVIRONMENTAL LAWS, DECISIONS, AND AGREEMENTS ...................................................... 5 Formatted 1.3 ENVIRONMENTAL PERMITTING AGENCIES.............................................................................. 18 ... 1.4 AQUATIC RESOURCES SUBJECT TO WATERWAY PERMITS .............................................................. 22 Formatted ... 1.5 ODOT- OES - WATERWAY PERMITS UNIT’S (WPU) ROLE ........................................................... 30 Formatted ... 1.6 PREREQUISITES FOR PERMIT APPLICATIONS ........................................................................... 32 Formatted ... 1.7 ODOT’S PROJECT DEVELOPMENT PROCESS (PDP) .................................................................. 42 1.8 WATERWAY PERMITS AND THE DESIGN-BUILD PROCESS ............................................................... 43 Formatted ... 1.9 CONSULTANT PREQUALIFICATION AND EVALUATION .................................................................. 45 Formatted ... CHAPTER 2. TYPES OF WATERWAY PERMITS ..................................................................... 46 Formatted ... 2.1 INTRODUCTION TO TYPES OF WATERWAY PERMITS ................................................................... 46 Formatted ... 2.2 404 NWP OR RGP NOT REQUIRING PRE-CONSTRUCTION NOTIFICATION (PCN) ..................................... 48 Formatted ... 2.3 USACE, 404 NWP, OR RGP REQUIRING PRE-CONSTRUCTION NOTIFICATION (PCN) ............................... 51 2.4 OHIO EPA, 401 NWP REQUIRING NOTIFICATION .................................................................... 55 Formatted ... 2.5 EXPIRATION OF NWPS AND RGP ..................................................................................... 56 Formatted ... 2.6 USACE, 404 INDIVIDUAL PERMIT (IP) ............................................................................... 57 Formatted ... 2.7 USACE SECTION 10 PERMIT ......................................................................................... 60 Formatted 2.8 USACE SECTION 408 PERMISSION ................................................................................... 62 ... 2.9 USCG SECTION 9 BRIDGE PERMIT AND CONDITIONAL APPROVAL LETTER ............................................. 63 Formatted ... 2.10 OHIO EPA SECTION 401 WATER QUALITY CERTIFICATION (WQC) ................................................. 64 Formatted ... 2.11 OHIO EPA ISOLATED WETLAND PERMIT (IWP) ..................................................................... 66 Formatted 2.12 PERMIT MODIFICATIONS ............................................................................................. 68 ... 2.13 PERMIT NON-COMPLIANCE AND PERMIT VIOLATIONS ................................................................ 69 Formatted ... CHAPTER 3. PERMIT DETERMINATION PROCESS .................................................................. 71 Formatted ... 3.1 PERMIT DETERMINATION REQUEST (PDR) SUBMISSION ............................................................... 71 Formatted ... 3.2 OES PERMIT DETERMINATION ........................................................................................ 75 Formatted ... 3.3 SPECIAL PROVISIONS PROCESS ........................................................................................ 76 Formatted ... CHAPTER 4. U.S. ARMY CORPS OF ENGINEERS (USACE) APPLICATIONS ..................................... 78 Formatted ... 4.1 404 NWPS AND RGPS REQUIRING PRE-CONSTRUCTION NOTIFICATION (PCN) ....................................... 78 Formatted 4.2 USACE SECTION 404 INDIVIDUAL PERMIT (IP) ....................................................................... 83 ... 4.3 USACE SECTION 404 WAIVER REQUESTS ............................................................................ 86 Formatted ... 4.4 USACE SECTION 10 PERMITS ........................................................................................ 87 Formatted ... 4.5 USACE SECTION 408 PERMISSION ................................................................................... 87 Formatted ... CHAPTER 5. OHIO ENVIRONMENTAL PROTECTION AGENCY (OHIO EPA) APPLICATIONS ................. 90 Formatted ... 5.1 APPLICATION FOR OHIO EPA SECTION 401 WATER QUALITY CERTIFICATION ......................................... 90 Formatted 5.2 OHIO EPA DIRECTOR’S AUTHORIZATION (DA) ....................................................................... 96 ... 5.3 OHIO EPA ISOLATED WETLAND PERMITS (IWPS) ..................................................................... 97 Formatted ... HIO UBLIC OTICE AND UBLIC EARING ROCESS 5.4 O EPA P N P H P ........................................................... 99 Formatted ... CHAPTER 6. UNITED STATES COAST GUARD (USCG) COORDINATION ....................................... 101 Formatted ... 6.1 SECTION 9 BRIDGE PERMITS ......................................................................................... 101 Formatted ... 6.2 PROJECTS REQUIRING A USCG CONDITIONAL APPROVAL LETTER.................................................... 102 Formatted 6.3 NAVIGABLE WATERS OF THE UNITED STATES ........................................................................ 104 ... Formatted CHAPTER 7. SURFACE WATER MITIGATION ...................................................................... 106 ... 7.1 GENERAL DISCUSSION ............................................................................................... 106 Formatted ... 7.2 ODOT PROCEDURE FOR MITIGATION ................................................................................ 109 Formatted ... 7.3 MITIGATION PLAN JUSTIFICATION ................................................................................... 115 Formatted ... Formatted ... Formatted ... Formatted ... | ii Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted Waterway Permits Manual APPENDICES ONLINE A. GLOSSARY B. PERMIT APPLICATION AND IMPACT TABLE TEMPLATES C. PERMIT APPLICATION INSTRUCTIONS AND GUIDANCE D. EXAMPLE PERMIT APPLICATIONS E. FLOWCHARTS FOR WATERWAY PERMITS F. AIDS FOR DETERMINING PROJECT IMPACTS G. NOTICE TO NAVIGATION FORMS, CHARTS, AND USCG LISTS OF NAVIGABLE WATERS H. SPECIAL PROVISION EXAMPLES I. MITIGATION MATERIALS | iii Waterway Permits Manual CHAPTER 1. INTRODUCTION 1.1 INTRODUCTION TO WATERWAY PERMITS The Ohio Department of Transportation (ODOT) Office of Environmental Services (OES), Field Code Changed Waterway Permits Unit (WPU) has developed this Waterway Permits Manual in order to provide clear and consistent information and guidance on the regulations that protect surface waters, the agencies that regulate surface waters, and how to obtain the appropriate approvals to impact these waters. This manual focuses on ODOT transportation projects and is presented from that scope. While this manual may be a useful tool for some private sector or other government-sponsored projects that require waterway permits, the purpose of this manual is to cover waterway permitting based on ODOT Project Development Process (PDP) for transportation-related projects. The goals of this manual are as follows: • Streamline the waterway permitting processes. • Increase understanding of the relevant laws, regulations, policies, and procedures that govern waterway permit issues common to ODOT projects. • Provide a connection between ODOT’s PDP and the waterway permitting process. • Provide a framework for the coordination of information between agencies, ODOT, consultants, and others on waterway permit issues. • Provide guidelines for preparing waterway permit applications and wetland and stream mitigation plans in a consistent and efficient manner. A glossary of relevant terms is located in Appendix A. In order to deliver consistent and Field Code Changed streamlined results, OES-WPU manages all aspects of surface water permitting for ODOT projects and provides the sole point of contact for these matters. A list of contact information for OES-WPU staff and useful internet resources related to permitting can be found on the Ohio Dept. of Transportation’s website. Field Code Changed Note: The use of “waterway permits” in this manual refers to permits issued under a number of regulatory programs required to impact surface waters of the U.S. and of the State of Ohio. This manual does not discuss permits relating to waste water, stormwater, floodplains, conservancy districts, or spill containment or response. | 4 Waterway Permits Manual 1.2 RELEVANT ENVIRONMENTAL LAWS, DECISIONS, AND AGREEMENTS A permit is an authorization to perform a regulated activity in a specific
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