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 As a precautionary response to COVID-19, Ohio EPA is currently operating with most staff working remotely. If you are working with our staff on a current project and you know the name of the employee you are working with, email them at firstname.lastname@epa.ohio.gov or call them directly. The Agency website has contact information for every district, division, and office. In order to reach us, please contact Ohio EPA’s main phone line at (614) 644-3020 or the main line for the division or office you are trying to reach.

After March 23, our district offices and Central Office will be temporarily closed and will have increasingly limited ability to receive deliveries, plans, etc. All entities are encouraged to submit plans, permit applications, etc., electronically where there are existing avenues to do so, such as the eBusiness Center (eBiz). Please refer to the list of available services on the main eBiz webpage. We encourage you to make use of all that apply, even if you have not used eBiz in the past. Plans under 25 MB can be emailed. For large plans over 25 MB, entities should work with the reviewer/division to upload via LiquidFiles. Directions for submitting docs via LiquidFiles is available on YouTube. We apologize for the inconvenience and thank you in advance for your understanding. If you wish to send hard copies of documents to any of Ohio EPA’s district offices, the best method to ensure we receive these documents is to send them via U.S. Mail. Since all offices are closed, deliveries outside of U.S. Mail (FedEx, UPS) will likely be returned because the offices are closed and deliveries cannot be made.

To report a spill or environmental emergency, contact the spill hotline (800) 282-9378 or (614) 224-0946

Water Quality Certification and Isolated Wetland Permits

Anyone who wishes to discharge dredged or fill material into the waters of the U.S., regardless of whether on private or public property, must obtain a Section 404 permit from the U.S. Army Corps of Engineers (Corps) and a Section 401 Water Quality Certification (WQC) from the state.

Anyone who wishes to discharge dredged or fill material into isolated wetlands in Ohio must obtain an Isolated Wetland Permit from Ohio EPA.

The 401 Water Quality Certification and Isolated Wetland Permitting Section reviews applications for projects that propose the placement of fill or dredged material into waters of the State, including streams, lakes and wetlands. The section also reviews required mitigation of issued permits and performs wetland research.

To make a complaint and/or report illegal fill activities, please email the Complaint Form [Word] to EPA401Webmail@epa.ohio.gov.

IMPORTANT UPDATES

NEW DRAFT GENERAL PERMIT FOR IMPACTS TO EPHEMERAL STREAMS AND ISOLATED WETLANDS

Ohio EPA issued a public notice for a new Draft General Permit for Impacts to Ephemeral Streams and Isolated Wetlands to address the recently finalized Navigable Waters Protection Federal Rule that will be effective on June 22, 2020.  The comment period ends on June 17, 2020. The Draft General Permit can be accessed here.

 

Ohio EPA held a stakeholder webinar on May 7, 2020 to propose options to address the new federal rule including the new Draft General Permit. A complete recording of the webinar can be accessed here. A copy of the PowerPoint presentation from the webinar is available here

 

NEW OPTIONS TO SUBMIT APPLICATION ONLINE NOW

Due to the current situation with many employees working remotely, it is highly recommended that applicants use the Ohio EPA eBusiness Center to prepare and submit applications for pre-application meetings, 401 water quality certifications, 401 director’s authorizations, and isolated wetland permits. Hard copy applications received through the mail will take longer to be received, assigned, and reviewed due to the limited staff working in the building.

 

Users can create an Ohio EPA eBusiness Center account, obtain a PIN (i.e., electronic signature) within minutes, and access and submit applications. More information for submitting through the eBusiness center is available on the respective tabs below in the form of Electronic Submittal User Guides.

 

  • Account Creation and PIN Setup Walkthrough
    • IMPORTANT NOTE: Consultants CAN NOT PIN (electronically sign) applications on behalf of their clients. Consultants can COMPLETE the application then DELEGATE it to their client to pin and submit. Instructions for delegation are located in the User Guides within the tabs below.
 

Director's Authorizations

Ohio EPA may grant coverage under the general 401 WQC for the Nationwide Permits for any project that does not meet one or more of the terms and conditions of the issued general 401 WQC or where the district engineer has been granted authority to waive certain requirements. Details on the Director’s Authorization process are outlined in the general 401 WQC for the Nationwide Permits.

Please be aware that stream mitigation is often required by Ohio EPA for permanent impacts.  A Director's Authorization is only an appropriate permitting mechanism when necessary mitigation is included within the conditions of the associated nationwide permit.  It is highly recommended that applicants consult with Ohio EPA to determine if stream mitigation will be required to avoid delays in the Director’s Authorization process. 

 

The Ohio EPA Division of Surface Water has received an application for, and has begun to consider whether to issue a Director’s Authorization for coverage under the 401 WQC for the Nationwide Permits for the projects listed in the following table.

To facilitate public involvement, electronic copies of the submitted application materials are available for 15 days. The comment due date is posted in the table below. Anyone may submit written comments by email to epa401DAcomments@epa.ohio.gov. Please be sure to include the Ohio EPA # in the subject line of your email.

Director's Authorization Applications Available for Comment

Ohio EPA # Description County Comments Due
206812 [file folder] GRE-235-10.75/11.10 PID 100826 - ODOT Greene June 4, 2020
206811D [file folder] New Lebanon to Crystal Transmission Line Project - Dayton Power and Light Preble & Montgomery June 4, 2020
206809 [file folder] Willow Run Stream Stabilization - Trillium Condominiums at Willow Run Association Delaware May 28, 2020
206808 [file folder] CR 56 Emergency Wash-Out Repaire - Jefferson County Engineer’s Office Jefferson May 28, 2020
206802D [file folder] Stanton Park Beach Nourishment - Lake County Ohio Port & Economic Development Authority Lake May 28, 2020
206799 [file folder] Dock 26W Rehabilitation - Cleveland-Cuyahoga County Port Authority Cuyahoga May 21, 2020
206793DP [file folder] Saybrook Twp Park Revetment - Saybrook Township Park Ashtabula May 15, 2020
206729D [file folder] CR-56 Island Creek Bank Stabilization - Jefferson County Engineer’s Office Jefferson May 15, 2020
206787D [file folder] CR-74 Cross Creek Bank Stabilization - Jefferson County Engineer’s Office Jefferson May 9, 2020
206783D [file folder] Eckert Ditch Restoration Project - City of Akron Water Supply Division Portage May 8, 2020
206777D [file folder] Duke Energy F5886 Phase 10 138kV Rebuild Project - Duke Energy Ohio Brown May 8, 2020
206784D [file folder] Minnesota Slip Dredging - Kinder Morgan Ashtabula May 8, 2020
       

The Ohio EPA Division of Surface Water has received an application for, and has begun to consider whether to issue or deny, a Clean Water Act Section 401 water quality certification and/or isolated wetland permit for the projects listed in the following table.

To facilitate public involvement, electronic copies of the application materials are available during the public comment period. Copies of the application and technical support information also may be inspected at Ohio EPA-DSW, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, Ohio, by first calling (614) 644-2001. Copies of the application and technical support information can also be made available upon request at Ohio EPA district offices by calling the same number.

Once published, copies of the public notices can be found by clicking the following link: https://ebiz.epa.ohio.gov/Notices/jsp/notice_search.jsp

Once on the Public Notices site, use these steps to navigate to the appropriate public notice:

  1. Click the circle next to "Public Comment"
  2. Select the appropriate county by clicking on the dropdown arrow
  3. Click the "Search" button to return the results
  4. Sort the results by clicking the arrow next to the heading "Notice Type"
  5. Scroll through to find the appropriate "Notice Type", either "Notice of Receipt of 401 application" or "Notice of Receipt of Isolated Wetland Permit Application"
  6. Click "View" to see the details of the public notice including the comment period end date.
     

Ohio EPA

Description

County

196477 [file folder] Villas at River West - RSABORAT, LLC Greene
206766W [file folder] Johnstown Road Outlots - New Albany Company Franklin
206696 [file folder] Phase 8 Country Club Estates - Bennett Quality Homes, Inc Cuyahoga
206659 [file folder] Buyers Product - Buyers Products Company Lake
206764A [file folder] Richfield Industrial Park - J.J.J. Properties Summit
206723 [file folder] Buckeye Lake East End DMRA - Jeremy Wenner, Ohio Department of Natural Resources Perry

206768 [file folder]

MRG-60-13.31 - Ohio Department of Transportation Morgan
206761W [file folder]

Hickory Grove, Section 3B, Residential Development - Maronda Homes of Ohio, LLC

Franklin
196662 [file folder] Beech Road SW Site B - MBJ Holdings, LLC

Licking
206746 [file folder] Farms at Jefferson, Phases 3-9 Residential Development - M/I Homes of Central Ohio, LLC   Franklin
206658 [file folder] OTIC Toll Plaza MP 211 - Ohio Turnpike and Infrastructure Commission Trumbull
196584 [file folder] Sandusky Bay Initiative - Eric Wobser, City of Sandusky Erie
206685 [file folder] Smith Project - Kiley and Erin Smith Cuyahoga
206742 [file folder] Dumot - Kaleb Dumot   Cuyahoga
196366 [file folder] North Reservoir Dam Improvements - ODNR  Summit
196250 [file folder] Millennial Moments Development FJA Developers Inc.   Mahoning
206743 [file folder] Huron Harbor Dredging 2020-22  - Martin Wargo, USACE Erie
206653 [file folder] NASA Plum Brook Station Discharge System - Christine Stachiak, NASA Erie
206670 [file folder] Glass Project - Steven and Jennifer Glass Cuyahoga
206669 [file folder]

Sonnhalter Project - Charles and Mary Ann Sonnhalter

Cuyahoga
196626 [file folder] Shaker Run Planned Unit Development - Grand Communities, LLC Warren
206730 [file folder] Lorain Harbor Dredging 2020-22 - U.S. Army Corps of Engineers - Buffalo District Lorain
186091 [file folder] Trentstone Glenns - Trentstone Holdings, LLC Portage
206692 [file folder] Heisley Hendricks Center - Heisley Hendrix Properties, LLC Lake
196388A1 [file folder] Petmin USA MLX - The East Ohio Gas Company  Ashtabula 
165129 [file folder] MUS-32-0.00 PID 97346 - Ohio Department of Transportation Muskingum
206678 [file folder] CUOH North Fork Licking River - Columbus and Ohio River Rail Road Company Licking
196358 [file folder] BWK-Meijer Store - Meijer Stores Limited Partnership Medina
206676 [file folder] Singh Project - Arun & Annapurna Singh Cuyahoga
206665 [file folder] Fairport Harbor Dredging 2020-22 - U.S. Army Corps of Engineers - Buffalo District Lake
206655 [file folder] Conneaut Harbor Dredging 2020-22 - U.S. Army Corps of Engineers - Buffalo District Ashtabula
196553A [file folder] Laing Property Development, Areas B and C - Laing Family Investments, LLC Montgomery
196603 [file folder] Lou Barbee Lake Erie Shoreline Protection - Lou Barbee

Cuyahoga
196544 [file folder] Donovan Property - Chris & Amber Donovan Cuyahoga
     

Section 401 of the federal Clean Water Act (CWA) requires state agencies to evaluate projects that will result in the discharge of dredged or fill material into waters of the United States to determine whether the discharge will violate the State’s water quality standards. Any person who wishes to place dredged or fill material into wetlands, streams or lakes must apply for an individual Section 401 certification unless the project meets the Ohio EPA conditions of applicable nationwide permits.

Activities typically requiring 401 certification include stream rerouting, culverting streams, filling wetlands and dredging and filling in lakes. Typical projects include highway construction, marina and dock construction, shopping mall construction, strip mining operations or housing subdivisions. A Section 401 certification is required for activities that require federal permits such as a Section 404 permit, a Federal Energy Regulatory Commission (FERC) license, or a U.S. Coast Guard permit.

Pre-Application Meeting

Planning a project that will impact wetlands, streams, rivers, lakes or other regulated water resources, and anticipating how Ohio EPA will respond to your application can be difficult. In an effort to avoid delays and confusion, and ensure that Ohio's environment is protected, Ohio EPA offers pre-application coordination for all applicants who need to apply for a Section 401 Water Quality Certification or Isolated Wetland Permit. Most delays in the application review process are caused by applicants not providing all the information required by Ohio EPA. Through the pre-application coordination process, Ohio EPA representatives can help ensure you know exactly what you need before you submit your application.

A pre-application meeting is an informal, completely voluntary (though highly recommended) process where you meet with an Ohio EPA 401 Coordinator to discuss a project that is in its early planning stages.

Application Materials

ORC section 6111.30 specifies what items must be submitted for a Water Quality Certification application package to be considered complete. The required components under ORC division 6111.30(A) are:

 

  1. A complete 401 Water Quality Certification application form and applicable impact tables.

  2. A copy of the United States Army Corps of Engineers’ jurisdictional determination letter. If no jurisdictional determination is to be issued by the Corps, the public notice or notification that the project is authorized under a general permit will fulfill this requirement;

  3. If the project impacts a wetland, a wetland characterization analysis consistent with the Ohio Rapid Assessment Method;

  4. 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;

  5. A specific and detailed mitigation plan prepared in accordance with 33 C.F.R. Part 332 and rule 3745-1-54, including the location and proposed real estate instrument or other mechanism for protecting the property long term;

  6. Applicable fees;

  7. Site photographs of water resources in accordance with OAC 3745-32-03(B)(e);

  8. Adequate documentation confirming that the applicant has requested comments from the Ohio Department of Natural Resources and the United States Fish & Wildlife Service regarding threatened and endangered species, including the presence or absence of critical habitat;

  9. Descriptions, schematics, and appropriate economic information of the applicant’s alternatives analysis prepared in accordance with 40 C.F.R. Part 230 and 3745-1-54 for the project;

    Alternatives Analysis Guidance

  10. The applicant’s investigation report of the waters of the United States in support of the 404 permit application. If no investigation report is required by the Corps, the public notice or notification that the project is to be authorized under a general permit will fulfill this requirement; and

  11. A copy of the United States Army Corps of Engineers’ public notice regarding the 404 permit application. If no public notice is to be issued by the Corps, notification that the project is authorized under a general permit will fulfill this requirement.

15-Day Completeness Review

Ohio Revised Code division 6111.30(B) requires Ohio EPA to review an application within 15 business days of submission and to notify the applicant in writing whether the application is considered complete, or not. If incomplete, the letter will specify what parts of the application package are missing. If complete, the letter will specify what type of public notice is required for the proposed project. The letter will also provide the name and contact information for the application reviewer assigned to that project. This notification will be a letter that is faxed to the applicant or their designated agent. The applicant, or their agent, will be asked to acknowledge receipt of the 15-day review letter by signature and return fax.

Should the application be incomplete, the applicant has 60 days in which to provide the missing information. After 60 days, the Director may return the application and the review fee without further action. The application fee will not be refunded.

Public Notice Requirements

Division 6111.30(C) of the Ohio Revised Code places the responsibility for issuing a public notice about the application for the project with the applicant. Ohio EPA has prepared an instruction sheet to assist the applicant through this process. The instruction sheet describes the steps to be taken and coordination needed to complete this task in a timely manner.

Additional Process Steps

  1. A formal mid-project review meeting procedure has been established to ensure that all applicants are offered the opportunity to meet with the application reviewer after the close of the public comment period if they so desire.

  2. A formal dispute resolution procedure has been established to ensure the timely resolution of disagreements that arise during the technical review process.

Fees

Key provisions of the 401 Water Quality Certification fees are:

  • A person that applies for a Certification must pay an application fee of $200 at the time of application.
  • In addition to the application fee, that person must pay the following review fees:
Resource Impacted Review Fee
Wetland $500 per acre
Ephemeral Stream $5 per linear foot or $200, whichever is greater
Intermittent Stream $10 per linear foot or $200, whichever is greater
Perennial Stream $15 per linear foot or $200, whichever is greater
Lake $3 per cubic yard of dredged or fill material
   

  • For 401 Water Quality Certification applications, one-half of the applicable review fee is due at the time of application. The remainder of the fee shall be paid at the time the Director takes an action on the application.
  • The total fee paid shall not exceed $25,000 per application. If the applicant is a county, township, or municipal corporation in the state, the total fee paid shall not exceed $5,000 per application.
  • Fees do not apply if the applicant is a state agency or the U.S. Army Corps of Engineers.

The total fee paid shall not exceed $25,000 per application. If the applicant is a county, township, or municipal corporation in the state, the total fee paid shall not exceed $5,000 per application.

When submitting an application, please provide a check, payable to the Treasurer of the State of Ohio for the application fee and one half of the review fee. The balance of the review fee will be due once the Agency has taken a final action on an application. You will receive an invoice from Ohio EPA for the remaining fees that are due.

Final 401 Vessel General Permits


U.S. EPA issued the 2013 Vessel General Permit (VGP) on March 28, 2013. The federal permit authorizes covers and regulates a wide variety of discharges from vessels, including ballast water (water and associated suspended sediments taken into or discharged from ballast tanks to maintain the stability of the vessel), bilge water and gray water discharged from vessels. Sanitary wastewater discharges are covered by U.S. Coast Guard regulations. The 2013 VGP has an effective date of December 19, 2013. 

To correspond with this federal permit, and ensure protection of Ohio's water quality, the Agency requires that certain vessels also obtain a Section 401 Water Quality Certification. The following general permits were issued in September, 2012. 

What are isolated wetlands?

Isolated wetlands are not connected to other surface waters. For this reason they are not classified as waters of the United States by the U.S. Army Corps of Engineers. Nevertheless, they are waters of the State of Ohio and are therefore regulated by the Ohio EPA, Division of Surface Water, Section 401 Wetlands and Streams Permitting Section.

How do I know if there is an isolated wetland on my project site?

The U.S. Army Corps of Engineers has responsibility for:

  • determining whether wetlands exist within a particular project site;
  • confirming the number, boundaries and acreage of those wetlands;
  • determining whether those wetlands are “waters of the U.S.” or "isolated."

These written findings are recorded in a final jurisdictional determination (JD) which is sent to the entity requesting the JD and to Ohio EPA. See an example JD, identifying the presence of isolated wetlands.

When a final JD identifies isolated wetlands, regardless of isolated wetland acreage or category, Ohio EPA will send you a letter notifying you of the potential need for an isolated wetland permit application. See an example notification letter.

PLEASE NOTE: When the applicant requests, and the U.S. Army Corps of Engineers issues, a preliminary JD, all wetlands on the proposed site are assumed to be waters of the U.S., and will not be declared isolated. See the Corps Regulatory Guidance Letter on Jurisdictional Determinations.

Why does Ohio EPA regulate isolated wetlands?

Ohio EPA authority to regulate discharges of fill to isolated wetlands is provided in Ohio Revised Code 6111.02 through 6111.028.

What triggers the need for an isolated wetland permit application?

When a project proposes to place fill in an isolated wetland, an isolated wetland permit is required. Fill is defined in paragraphs (D) and (E) of Ohio Revised Code 6111.02.

Procedures to get an Isolated Wetland Permit

There are three levels of isolated permit application review as summarized in the table below. Once you have determined which level of review applies to your proposed project, click on the links in the table to get details about the application and review processes and the associated permit you can expect to get.

Wetland Category Acres of Potential Wetland Impact Public Notice Required? Mandatory Public Hearing? Ohio EPA Permit Review Period Type of Permit Type of IWP Review and Links to More Information
1 or 2 0.5 acres or less No No 30 days* General Permit Level 1
1 more than 0.5 acres Yes No 90 days* Individual Level 2 Isolated Wetland Permit. See example Level 2
2 more than 0.5 acres but less than or equal to 3 acres
2 more than 3 acres Yes No 180 days* Individual Level 3 Isolated Wetland Permit. See example Level 3
3 any size Yes Yes
             

* The permit review period begins on the date when Ohio EPA sends you a letter documenting that the application is complete.

Fees

Key provisions of the Isolated Wetland Permit fees are:

  • A person that applies for a Permit must pay an application fee of $200 at the time of application.
  • In addition to the application fee, that person must pay the following review fees:

 Resource Impacted

Review Fee

 Wetland

 $500 per acre

 

 

  • For Isolated Wetland Permit applications, the entire review fee is due at the time of application.
  • The total fee paid shall not exceed $5,200 per application.
  • Fees do not apply if the applicant is an agency or department of the state, or any county, township, or municipal corporation in the state.
  • All After-the-Fact isolated wetland projects will be assessed double the amount of the application and review fees up to a maximum of $10,000.

When submitting an isolated wetland application, please provide a check, payable to the Treasurer of the State of Ohio for the application fee and the review fees.

Nationwide Permits are a type of 404 permit issued by the U.S. Army Corps of Engineers every five years for certain projects that are similar in nature and cause minimal degradation to waters of the United States. These permits substantially expedite the permitting process. To determine if a project qualifies for Nationwide Permit coverage, applicants should review the current version of the Nationwide Permits for the State of Ohio and may contact the U.S. Army Corps of Engineers or Ohio EPA to discuss their project.


Section 401 Water Quality Certifications for the 2017 Nationwide Permits

On March 17, 2017, Ohio EPA finalized the 401 WQC and Response to Comments for the 2017 Nationwide Permits published by the U.S. Army Corps of Engineers in the Federal Register (Volume 82, No. 4) on January 6, 2017. The 2017 Nationwide Permits are effective from March 19, 2017 through March 18, 2022.

The final 2017 Nationwide Permits for Ohio were public noticed by the U.S. Army Corps of Engineers Huntington, Buffalo, and Pittsburgh Districts on March 21, 2017.

In order to determine eligibility under the 401 WQC for the 2017 Nationwide Permits for stream impacts, applicants should use the Stream Eligibility Web Map.

A Quick Guide is available for determining when to coordinate with Ohio EPA regarding the Nationwide Permits.


U.S. Army Corps of Engineers Contacts

401 Water Quality Certification and Isolated Wetlands Permit and Compliance Section
Kamnyev, Anna Section Manager (614) 644-2020
Boyles, Jeff Supervisor (614) 644-2494
Taulbee, Rachel SEDO Supervisor  (740) 380-5433
Allamon, Heather  Projects in Northwest District  (419) 352-8461 
Hewitt, Amber Mitigation Compliance (740) 380-5226
Loucek, Joe  Projects in Northeast District  (330) 963-1258 
Lung, Joni  Rules and Special Projects (614) 644-2152 
Lamoreaux, Matthew Projects in Central and Southwest Districts  (614) 644-2327
Siegley, Carol  Energy & Other Projects in Southeast Ohio  (740) 380-5225
Surrena, Todd  Shale Gas Projects in Northeast District  (330) 963-1255 
Wilk, Ed  Projects in Northeast District  (330) 963-1172 
Beck, Brandon ODOT Projects Statewide (614) 644-2259
Kilbourne, Andrea  Mitigation Compliance (614) 466-6308 
Babb, Thomas Mitigation Compliance (614) 914-4243
Hardesty, Cara Water Quality Certified Professional Program (614) 644-2143
     

In this video, Agency expert Ric Queen explains wetland classifications, and how the Agency monitors impacts to Ohio wetlands through the permitting processes.