(B) Application requirements.
(1) Any person requesting authorization for
an activity that
necessitates a 401 certification shall comply
with the application procedures set forth in this rule. The director
prescribes the form and content of the application for a 401
certification. Additional information shall be submitted in accordance with the
antidegradation requirements in rules
3745-1-05 and
3745-1-54 of the Administrative
Code. The director may request additional information if, in the judgment of
the director, additional information is necessary to determine whether the
applicant meets the approval criteria in paragraph (C) of this rule.
(2) Any application for a 401 certification
subject to the provisions of this rule shall be submitted on forms provided by
the director and completed in accordance with the corresponding application
instructions. The application shall be submitted no later than forty-five days
after the publication of the corps 404 public notice, if applicable, and
include the following:
(a) Current and unexpired correspondence from
the corps documenting the jurisdictional status of the waters located within
the project area.
(b) For each
wetland within a project boundary, a wetland characterization analysis
consistent with "Ohio Rapid Assessment Method for Wetlands." The Ohio rapid
assessment method protocol is available on the Ohio EPA website at
https://epa.ohio.gov/divisions-and-offices/surface-water/reports-data/wetland-ecology.
The Ohio rapid assessment method includes complete and accurate
forms, including the background information, scoring boundary worksheet,
narrative rating, quantitative rating, and wetland categorization worksheets
completed and submitted in accordance with the procedures outlined in the Ohio
rapid assessment method manual.
(c)
If the project involves a stream for which a specific aquatic life use
designation found in Chapter 3745-1 of the Administrative Code has not been
made, data sufficient to determine the existing aquatic life use.
(d) A specific and detailed mitigation plan
prepared in accordance with the requirements in 33 C.F.R. Part 332 and
rules
3745-1-54 and 3745-32-04 of the Administrative
Code including the location and proposed real estate instrument or other
available mechanism for protecting the property long term.
(e) A minimum of four high resolution color
photographs taken while facing each of the four cardinal directions of each
wetland proposed for impact. A minimum of three high resolution color
photographs taken while facing upstream of the proposed impact area, downstream
of the proposed impact area, and one close up which clearly depicts the
substrate composition and size for each stream proposed for impact. A minimum
of three high resolution color photographs for all other waters of the state
proposed for impact. Photographs must accurately depict the quality of the
water of the state and may not include a majority of dying or dead vegetation
and excessive cover due to seasonal conditions that vegetation and substrates
cannot be observed, such as leaf litter, snow, or ice. Photographs deemed to be
insufficient of representing the water of the state will
need to be retaken once seasonal conditions are
appropriate. Photographs shall be clearly labeled with the name, direction, and
date.
(f) Adequate documentation
confirming that the applicant has requested comments from the Ohio department
of natural resources and the United States fish and wildlife service regarding
threatened and endangered species, including the presence or absence of
critical habitat.
(g) Descriptions,
schematics, and appropriate economic information concerning the applicant's
alternatives analysis prepared in accordance with 40 C.F.R. Part 230 and
rules
3745-1-05 and
3745-1-54 of the Administrative
Code.
(h) The applicant's
investigation report of the waters of the United States in support of a federal
license or permit application concerning the project.
(i) In the case of jurisdictional waters, a
copy of the corps public notice regarding the application for a permit under
section 404 of the act for the proposed project or other notification from the
corps that the project will be authorized under a general permit or letter of
permission if applicable.
(3) Applicable fees. A person that applies
for a 401 certification under Chapter 6111. of the Revised Code and this
chapter shall pay fees in accordance with section
3745.114 of the Revised
Code.
(4) Applicants regulated
under division 1501:13 of the Administrative Code may elect to utilize
alternate, consolidated application procedures as approved by the director, the
director of Ohio department of natural resources, and the corps.