Last Updated: Thursday, 20-Nov-2008 10:35:24 EST

Draft Rules

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401/Wetland/Stream Mitigation (OAC 3745-1, 3745-32 and 3745-45)

New draft rule revisions addressing the Section 401 Water Quality Certification Program are available for review and comment. New draft rules addressing wetland and stream mitigation will be available at a later time.

February 2006 Draft Rules

Comment deadline has been extended to May 31, 2006.
The draft rules are available below. These rules have been reviewed pursuant to section 119.032 of the Ohio Revised Code. Ohio EPA is required to review its rules every five years to determine if the rules need revisited. Notice has been sent out for interested party review. After considering comments and making changes, if necessary, to the rules, a public hearing and another public comment period will be scheduled later in 2006.
 

See the presentations from the March 10, 2006 full-day technical symposium. Symposium agenda (PDF 99K) Overview of Wetland Mitigation in Ohio. John J. Mack. (PDF 1,520K) Ohio EPA Studies in Natural and Mitigation Wetlands. Mick Micacchion. (PDF 2,625K) Standardized Mitigation Monitoring and Performance Standards for Ohio: the “Part 6” Approach. John J. Mack. (PDF 1,246K) Practical Components of the Process: Statutory Changes, Current and Proposed Program Improvements, Revisions to 401 Certification Rules (Chapter 3745-32). Randy Bournique.  (PDF 314K) Primary Headwater Stream Initiative. Robert Davic, Ph.D. (PDF 1,986K) Habitat Quality as a Cornerstone for Sustaining Healthy Aquatic Communities. Robert J. Miltner. (PDF 1,890K) Stream Mitigation Protocol Development. Application of Weighting Model Approach for Stream Mitigation Reviews in the 401 Water Quality Certification Process. Paul Anderson. (PDF 6,457K)

Background

Chapter 3745-1 of the Ohio Administrative Code (OAC) contains the water quality standards for Ohio. The water quality standards impacted by these draft rule revisions and additions relate to antidegradation and wetlands. Within this chapter, 6 rules are being amended and 2 new rules are being created.

Chapter 3745-32 of the OAC outlines administrative and technical requirements for submitting a Section 401 Water Quality Certification (401) application to Ohio EPA’s Division of Surface Water. Within this chapter, 1 rule is being amended, 6 rules are being rescinded, and 3 new rules are being created.

Chapter 3745-45 of the OAC consists of 1 rule, which contains outdated water quality certification fees. This rule is being rescinded.

Available documents

Letter to interested parties (PDF 81K)

Fact sheet (PDF 36K)

Compensatory Mitigation Requirements for Stream Impacts in the State of Ohio (PDF 2,115K). Under paragraph (D)(1) of draft new rule 3745-1-56, when compensatory stream mitigation is approved, it shall be approved in accordance with this document.

Draft Rules
For an amended rule, text being deleted is struck through and new text is underlined. For a new rule, all text is underlined. For a rescinded rule, text is left unchanged and “To Be Rescinded” is at the top of the first page of the rule.

Download individual rules by clicking on the links below or download all the draft rules by clicking here (PDF 475K).

See currently effective surface water rules here.

For additional information or to submit comments

Please submit any comments you have on the draft rules in one of the following manners.

If you would like further information about this rulemaking, please contact Randy Bournique at the e-mail address above or by calling (614) 644-2013.

Back to Draft and Proposed Rules page.