Ohio EPA has issued a public notice for a new general permit, titled “Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams.” This covers the filling of, and the discharge of, dredged material into ephemeral streams determined to not be waters of the U.S. and not subject to Section 404 or 401 of the Clean Water Act. Ohio EPA’s stated intent with the general permit is to fill gaps in the regulatory landscape after the issuance of U.S. EPA’s Navigable Waters Protection Rule.
Ohio EPA has asked that comments on the general permit be submitted by June 1. All comments should be submitted by email or by U.S. Mail, sent to: Ohio EPA, Division of Surface Water – Permits Processing Unit, P.O. Box 1049, Columbus, Ohio 43216-1049. Please let Rob Brundrett know if your company is interested in submitting comments.
Meanwhile, on May 21, OMA environmental counsel Bricker & Eckler LLP will be hosting an informative webinar on this issue, as well as the impacts of the District of Montana decision on Nationwide Permit 12 and Ohio EPA’s 401 water quality certifications. 5/14/2020