ARTICLE 3: WATERSHED MANAGEMENT PERMIT REQUIREMENTS AND SUBMITTALS
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1 ARTICLE 3: WATERSHED MANAGEMENT PERMIT REQUIREMENTS AND SUBMITTALS Introduction This section provides guidance on the submittal requirements for a development to obtain a Watershed Management Permit from the District or an authorized municipality. According to of the WMO, the Watershed Management Permit submittal must include an opinion by a registered Professional Engineer that the technical submittal meets the design criteria contained in the WMO. To assist the applicant in generating complete submittals, this article presents flowcharts, checklists, and other guidance for meeting the requirements set forth in the WMO. To obtain a Watershed Management Permit, the applicant must demonstrate that the proposed development is in compliance with the following requirements of the WMO: General requirements, Erosion and sediment control requirements, Stormwater management requirements, Floodplain and floodway requirements, Wetland and buffer requirements, Riparian environment requirements, Sewer construction requirements, Required maps, exhibits, and plan sheets, and Maintenance and monitoring plan requirements. A copy of a Watershed Management Permit application is provided as Figure 3.1. As shown on the application, there are several additional forms (schedules) that must be completed as part of the submittal. By completing the schedules, the applicant (and reviewer) has a comprehensive outline of the applicable permitting requirements for a development. The sections of the WMO and their corresponding schedules are provided by the following: Note: All bold terms contained in this document are defined terms in the WMO. Refer to Appendix A of the WMO or the TGM for the definition of each bold term. Page 3-1
2 General Information: Schedule A Project Information. Schedule K Affidavit of Disclosure of Property Interests. Technical Guidance Manual Schedule R Recording and Maintenance, and Exhibit R Recording Exhibit or As-Built (one copy of Exhibit R should be included with submittal and one final Exhibit R should be provided based on record drawings). Exhibit A Current Survey of Property Interests. Schedule K is not required for projects in the public right-of way and is only required for projects that are below the parcel ownership area thresholds which require detention, as provided in Table 2 of the WMO (projects that meet or exceed these detention thresholds automatically require detention and a Schedule R/Exhibit R and therefore a Schedule K is not needed). Additionally, a Schedule R/Exhibit R is not required for publicly owned parcels. Soil Erosion and Sediment Control (Article 4): Schedule P Erosion Control. Schedule P is not required for projects that do not propose development and only include installation of utilities in an open trench that is not located within a flood protection area. Stormwater Management (Article 5): Schedule D Detention and Stormwater Management Facilities (WMO). Schedule D Legacy Detention and Stormwater Management Facilities (Legacy). Schedule L Notice of Requirements for Stormwater Detention. Schedule D is used when new detention facilities are proposed. Schedule D Legacy is used for redevelopment and development subject to Legacy Sewerage System Permits ( 505). Flood Protection Areas (Article 6): Schedule H Hazard Areas (Floodplain/Floodway/Riparian Environments). Schedule W Wetlands and Wetland Buffer Areas. Sewer Construction (Article 7): Schedule B Sewer Summary. Schedule C Sewer Connections. Schedule E Lift Station and/or Force Main. Schedule F Characteristics of Waste Discharge. Schedule G Treatment or Pretreatment Facilities. Page 3-2
3 Schedule J Affidavit Relative to Compliance with Article 7 (Overhead Plumbing and Footing Drain Discharge). Schedule O Outfall, Direct Connection, District Owned or Leased Property. Schedule E is only required for publicly owned lift stations serving multiple service areas. A fillable version of the Watershed Management Permit application, along with the required schedules, is available for download from the District s website. Page 3-3
4 Figure 3.1. Watershed Management Permit Application Page 3-4
5 Watershed Management Permit Submittals Technical Guidance Manual The following information must be submitted for each development that requires a Watershed Management Permit: Two (2) copies of the Watershed Management Permit application (with all necessary signatures); Two (2) copies of all completed schedules (signed and sealed, if necessary); Two (2) copies of the plan set (signed and sealed) are required to initiate review. Additional copies may be requested as part of the final permit approval. One (1) copy of Fee Payment Voucher Form with appropriate fees; One (1) copy of all completed submittal checklists provided in this article; and One (1) copy of all calculations, exhibits, and documentation, as required by the submittal checklists provided in this article. The above items should be sent to: MWRD Engineering Department Local Sewer Systems Section 111 E. Erie Street, Chicago, IL If an incomplete submittal is sent to the District, everything submitted (other than one set of plans) will be returned to the applicant. If the proposed development is within the corporate limits of an authorized municipality, then the submittals should be sent to that municipality s enforcement officer. If the proposed development involves any activities listed in of the WMO, the applicable portions of the submittals will be forwarded to the District by the authorized municipality. The developer should not send them separately. Permit Submittal Signatures If the parcel is located within a municipality s corporate limits, both the Co-Permittee(s) and Permittee must sign the Watershed Management Permit. The property owner(s) is the Co- Permittee and must sign page 9. The municipality must sign as the Municipal or System Engineer on Page 8 of the application and also as the Permittee on Page 9 of the application. Some permit applications require two sets of pages 8 and 9 if the sanitary sewer is not owned by the municipality. One set provides certification for the sanitary sewer and the other set provides certification for the development. If sewage and/or stormwater flow through more than one municipality an additional page 8 is required. For developments located in unincorporated Cook County, the Certificate by Municipal Engineer (page 8) and Permittee (page 9) signatures must be obtained from the Cook County Building and Zoning Department. Page 3-5
6 The contact information is: Technical Guidance Manual Building and Zoning Bureau of Economic Development 69 W. Washington, Suite 2830 Chicago, Illinois Telephone: (312) Fax: (312) TDD: (800) Sole Permittee Existing Sole Permittee Some issued permits in unincorporated areas allowed sewage to discharge directly to a District interceptor sewer. These permits were not signed by a municipality and are known as Sole Permittee permits. If a proposed development including qualified sewer construction was previously permitted in an unincorporated area and is now within a municipality s corporate limits, the new permit will not be considered a Sole Permittee permit and must be signed by the municipality. Existing Sole Permittee permits still located in an unincorporated area are assumed to have a special condition requiring surety (maintenance bond or evidence of financial responsibility) for the sewer systems. When a permit application is submitted for proposed work, the existing surety amount may require update for cost inflation and shall be updated to include the new sewer work. If the existing permit does not include the requirement for surety, it will be required for the proposed work. The surety amount should be set as the nominal construction cost of building the sanitary sewer system as submitted by the applicant, plus a cost factor for surface improvements, i.e., sidewalks, driveways, buildings, landscaping, etc. that may have to be replaced in conjunction with repairs, and an annual increase in the amount due to inflation. The surety must be a source of funds from which the District can draw upon the default of the Sole Permittee. Some existing Sole Permittee permits do not require the above mentioned surety because the property owner provided an easement to the District and in exchange was granted a connection to a District interceptor for sole and exclusive use. New Sole Permittee The District s Board of Commissioners approval is required for all new Sole Permittee permits which include qualified sewer construction. They are only accepted in unincorporated areas, and if any potential Permittee provides written documentation refusing to sign the Watershed Management Permit, and the Co-Permittee complies with the following: 1. The facilities to be serviced are for the sole and exclusive use of the property owner, and no sewer extension is contemplated for other private users; 2. The area to be served is outside the jurisdiction of any local sanitary district or public utility company certified for such services; Page 3-6
7 3. Explore the feasibility to connect to sewer system in adjacent jurisdiction(s) and if not allowed, obtain written denial; 4. Provide surety as mentioned above in Existing Sole Permittee section; 5. Record permit with the Recorder of Deeds against the title of the property; 6. If the sewer systems extend off of the Sole Permittee s property, provide easement(s) and/or agreement(s) to demonstrate permission to access areas for construction and subsequent maintenance; 7. Provide evidence of fee simple ownership of the property to be served, and a copy of the legal description of the property. If property owner is part of a corporation, submit a license to do business in Illinois. If property owner is other than an individual, submit names of officers or partners; 8. Attend a pre-meeting with District staff to discuss proposed connection to District interceptor. For projects that do not include qualified sewer construction, the Watershed Management Permit may be issued without Cook County signing as the Permittee, if they refuse to do so in writing. The permit must be recorded with Cook County Recorder of Deeds according to 309. Qualified Person The WMO requires a statement of opinion by a qualified person either denying or acknowledging the presence of Flood Protection Areas. A qualified person is a Professional Engineer and/or a wetland specialist. The presence of regulatory floodplain or regulatory floodway must be acknowledged or denied by a Professional Engineer. The presence of wetlands or riparian environments must be acknowledged or denied by a wetland specialist who has training and experience in the identification of hydric soils, hydrophytic vegetation and wetland hydrology. Most Professional Engineers have not undergone this type of training, and most likely will not make the statement as it pertains to wetlands or riparian environments. While the presence of regulatory floodplain and regulatory floodway on a project site can be easily determined by reviewing the effective Flood Insurance Rate Maps (FIRMs), Flood Insurance Study (FIS) profiles, and the site-specific topography, the presence of wetlands/buffers and riparian environments requires training and experience in identifying these areas. When sufficient evidence indicates the possible presence of wetlands/buffers and riparian environments, the project submittal must include a certification from a wetland specialist either denying or acknowledging the presence of these areas. Sufficient evidence consists of answering Yes to any of the questions contained in the Onsite and Offsite Cursory Wetland Determination Procedure that is provided later in this article, under the Wetlands, Buffers, and Riparian Environment Submittal section. Page 3-7
8 A wetland specialist is a person who is skilled in the art and science of delineating, identifying, and accessing wetlands. The wetland specialist is responsible for the review of all delineation reports, impacts, mitigation plans, and other documentation related to wetlands, buffers, and riparian environments. To qualify as a wetland specialist, a person must meet the requirements of a), b), c), or d) below: a) Certified as an Environmental Scientist in DuPage County or a Certified Wetland Specialist (CWS) in Lake County; b) Professional Wetland Scientist certification by the Society of Wetland Scientists (SWS); c) Minimum of a bachelor s degree in a biologic science or earth science and at least one of the following: i. Three (3) years cumulative (full-time) wetlands experience in the Upper Midwest Region on wetland-related projects; or ii. Completion of at least 100 wetland delineation projects in the Upper Midwest Region; d) Six (6) years cumulative (full-time) wetlands experience in the Upper Midwest Region on wetland-related projects without a degree type noted above. General Submittal Requirements The general submittal requirements for developments are contained in 300 and 301 of the WMO. A flowchart has been provided to help navigate the WMO permitting applicability. Figure 3.2 provides a general WMO permitting flowchart to help begin the process. Figure 3.3 provides a single-family home flowchart to help navigate that permitting process. Figure 3.4 provides an itemized checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Page 3-8
9 Figure 3.2. Watershed Management Permit Flowchart Page 3-9
10 Figure 3.3. Single -Family Home Permitting Flowchart Technical Guidance Manual Page 3-10
11 Figure 3.4. General Submittal Requirements Checklist Erosion and Sediment Control Submittal Requirements The erosion and sediment control submittal requirements for developments are contained in 302 of the WMO. The WMO regulations for erosion and sediment control are provided in Article 4 of the WMO, and technical guidance is provided in Article 4. Figure 3.5 provides an itemized checklist that must be used by applicants for their submittals; these checklists are also Page 3-11
12 used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Figure 3.5. Erosion and Sediment Control Submittal Requirements Checklist Stormwater Management Submittal Requirements The stormwater management submittal requirements for developments are contained in 303 of the WMO. The WMO regulations for stormwater management are provided in Article 5 of the WMO, and technical guidance is provided in Article 5. Because the stormwater management requirements of the WMO are complex and specific to the different types of development, a flowchart has been provided to help applicants navigate the stormwater permitting process. As shown in Figure 3.6, the site runoff, volume control, and detention requirements may be a function of the aggregate development, the size of the ownership parcel, or both. Because the WMO provides detention allowances for certain redevelopments, a flowchart has been developed to illustrate the detention requirements for redevelopments (Figure 3.7). Figures 3.8a and 3.8b provide an itemized stormwater management submittal requirement checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Page 3-12
13 Figure 3.6. Stormwater Management Permitting Flowchart Technical Guidance Manual Page 3-13
14 Figure 3.7. Detention Allowances for Redevelopments Flowchart Page 3-14
15 Figure 3.8a. Stormwater Management Submittal Requirements Checklist Page 3-15
16 Figure 3.8b. Stormwater Management Submittal Requirements Checklist (continued) Floodplain Submittal The floodplain submittal requirements for developments are contained in 304 of the WMO. Because floodplain (and floodway) permitting is complicated and may require approvals from local, state, and federal agencies, a flowchart has been provided to help applicants navigate the floodplain permitting process. The floodplain and floodway permitting flowchart is provided as Figure 3.9. The WMO regulations for these areas are provided in Article 6 of the WMO, and technical guidance is provided in Article 6. Figure 3.10 provides an itemized floodplain submittal requirement checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Page 3-16
17 Figure 3.9. Floodplain Permitting Requirements Flowchart Technical Guidance Manual Page 3-17
18 Figure Floodplain Submittal Requirements Checklist Page 3-18
19 Wetlands, Buffers, and Riparian Environment Submittal Technical Guidance Manual The wetland submittal requirements for developments are contained in 305 of the WMO and the riparian environment submittal requirements are provided in 306. The WMO regulations for these areas are provided in Article 6 of the WMO, and technical guidance is provided in Article 6. Because there is some overlap when permitting these areas, the wetland/buffer and riparian environment submittal requirements were combined into one comprehensive flowchart and submittal checklist. Because permitting may require approvals from local, state, and federal agencies, a flowchart has been provided to help applicants navigate the wetland/buffer/riparian environment permitting process. This permitting flowchart is provided as Figure Figure 3.12a and 3.12b provides an itemized checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. To assist applicants in determining the likelihood of the presence of wetlands, the following procedure has been developed. The procedure provides sources and other information that indicate the probability of the presence of wetlands. Onsite and Offsite Cursory Wetland Determination Procedure The following checklist should be completed to determine whether or not a formal onsite wetland delineation is required for the proposed development site. It is preferable that a site visit be completed to determine if there is onsite wetland potential. It should be verified that the area is in a landscape position that is likely to collect or concentrate water. If the answer to any of the following questions is Yes, an onsite wetland delineation is required. Offsite Determination o Is there mapped or previously delineated wetland or waters of the United States within 100 feet of the proposed development? o Is there mapped floodplain within 100 feet of the site? o Is there mapped hydric soil onsite? o Does the National Wetland Inventory indicate wetland onsite? o Does a review of several different years of aerial photos indicate wet spots, wetlands, or other water bodies? o Does the topographic survey indicate a concave surface or low terrace (e.g., depression or swale)? o Level or nearly level areas, regardless of topographic position on site (e.g., 0- to 3- percent slope)? o Fringe of another wetland or water body nearby? Page 3-19
20 Onsite Determination o Is there mapped or previously delineated wetland or waters of the United States within 100 feet of the proposed development? o Is the ground soggy underfoot in the spring-summer? o Are there depressions where water pools on the ground surface? o Would you need to ditch the site to dry it out? o Does the site contain a depression that has a different vegetation community than the higher ground? o Are there groundwater seeps or springs present? o Are fallen leaves black or very darkly stained and do they contain sediment deposits on their surfaces? o Dig a hole. Is the soil gray, or does it contain bright mottles (red or orange) against a gray background? o If farmed, is there crop stress due to excessive water? o Does the National Wetland Inventory or USGS topographic map show a wetland on the property? o Does the NRCS Soil Survey show the soil on the property to be hydric, poorly, or very poorly drained? Page 3-20
21 Figure Wetlands, Buffers, and Riparian Environment Permitting Requirements Flowchart Page 3-21
22 Figure 3.12a. Wetlands, Buffers, and Riparian Environment Submittal Checklist Page 3-22
23 Figure 3.12b. Wetlands, Buffers, and Riparian Environment Submittal Checklist (continued) Page 3-23
24 Sewer Construction Submittal Requirements Technical Guidance Manual The sewer construction submittal requirements for developments are contained in 307 of the WMO. Figure 3.13 provides an itemized sewer construction checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. The regulations for sewer construction are provided in Article 7 of the WMO, and technical guidance is provided in Article 7. Figure Sewer Construction Submittal Checklist Page 3-24
25 Maps, Exhibits, and Plan Sheets Submittal Requirements Technical Guidance Manual All required maps, exhibits, and plan sheets are provided in 308 of the WMO. It should be noted that this is a comprehensive list, and not all maps, exhibits, and plan sheets will be applicable for a development. By using the permitting flowcharts, submittal checklists, and schedules, the applicant can determine which submittal requirements apply to a specific development. Figure 3.14a and Figure 3.14b provides an itemized checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Figure 3.14a. Maps, Exhibits, and Plan Sheets Submittal Checklist Page 3-25
26 Figure 3.14b. Maps, Exhibits, and Plan Sheets Submittal Checklist (continued) Page 3-26
27 Maintenance and Monitoring Plan Submittal Requirements Technical Guidance Manual The maintenance and monitoring plan submittal requirements for developments are contained in 310 of the WMO. The maintenance and monitoring submittal requirements ensure that an applicant provides a schedule and plan of appropriate maintenance for the development both during construction and post-construction. The requirements for maintenance and monitoring apply to erosion and sediment control practices, stormwater facilities, qualified sewer construction, and mitigation for wetland and/or riparian environments. The various maintenance and monitoring regulations are provided in Article 4, Article 5, Article 6, Article 7, and Article 9 of the WMO, with technical guidance provided in those corresponding articles. Figure 3.15a and Figure 3.15b provides an itemized checklist that must be used by applicants for their submittals; these checklists are also used by the reviewers to ensure that the submittal is complete. A digital version of the checklist is available for download from the District s website. Figure 3.15a. Maintenance and Monitoring Submittal Checklist Page 3-27
28 Figure 3.15b. Maintenance and Monitoring Submittal Checklist (continued) Page 3-28
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