Chapter 1501:21-5 Application Procedures

1501:21-5-01 Application procedures, general.

The procedure for applying for a construction permit and submitting the supporting engineering documents shall consist of two parts, the preliminary design report and the final design submittal, as described in rules 1501:21-5-02 to 1501:21-5-06 of the Administrative Code.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72, 10-15-81, 12-9-99

1501:21-5-02 Preliminary design report.

(A) For levees greater than three feet in height and for dams, the preliminary design report shall include:

(1) A general description of the dam or levee and all appurtenances thereto, and the proposed classification of the structure as set forth in rule 1501:21-13-01 or 1501:21-13-09 of the Administrative Code. The description shall include a statement of the purpose for which the dam or levee is to be used, and a statement setting forth the impact of such dam or levee as it relates to endangering human life, health, or property upstream, downstream or adjacent to the dam or levee.

(2) For dams, maps showing:

(a) The ownership of all property, in whole or in part, that would be inundated by the reservoir up to and including the elevation of the top of the dam and the ownership of the property upon which the dam is located;

(b) The location of the proposed structure; the county, township, and section lines;

(c) The outline of the reservoir at its primary spillway elevation and its maximum pool;

(d) Topographic contours of the lake area up through the top of dam elevation to verify storage volumes;

(e) The locations of state, county, and township roads; the locations of utilities, i.e., pipe, transmission, and telephone lines;

(f) The location and elevation of any other structure or facility affected by the proposed dam or levee.

State, county, and U.S.G.S. maps, and aerial photographs may be accepted for these purposes

(3) For levees, maps showing:

(a) The ownership of all property, in whole or in part, that would be protected and the ownership of the property upon which the levee is located;

(b) The location of the proposed structure; the county, township, and section lines;

(c) The locations of state, county, and township roads; the locations of utilities, i.e., pipe, transmission, and telephone lines;

(d) The location of any other structure or facility affected by the proposed levee; and,

(e) Basement and first floor elevations of all structures potentially affected by the levee may be required to be shown as needed by the chief.

State, county, and U.S.G.S. maps, and aerial photographs may be accepted for these purposes.

(4) A written report of the surficial conditions, i.e., geology, topography, and cultural features, which includes a field reconnaissance by the applicant's engineer. Logs of borings in the foundation and in the borrow areas, and results of seismic and resistivity subsurface investigations, when they are readily available.

(5) Typical cross-sections of the dam or levee accurately showing proposed elevations, slopes, pool levels, and top width.

(6) Preliminary design assumptions, tentative conclusions, and references. The design assumptions shall pertain to such hydrologic and hydraulic parameters as drainage area, rainfall and runoff data, inflow hydrographs, area-capacity-elevation data, and flood routings, in addition to geologic and geotechnical engineering assumptions.

(7) A description of how the streamflow will be diverted around or through the dam site, or otherwise kept from interfering with the work;

(8) For class IV levees, certification that the levee will be consistent and in accordance with all applicable state and local floodplain regulations and requirements.

(9) Other pertinent information as may be required by the chief.

(B) For levees not more than three feet in height, the preliminary design report shall include a letter from the owner stating the purpose and proposed height of the levee, a map showing the location of the levee, and certification that the levee will be consistent and in accordance with all applicable state and local floodplain regulations and requirements.

(C) Within forty-five days from the date of receipt of the complete preliminary design report, the chief shall respond in writing with approval, conditional approval, or disapproval of said report. Upon approval, the chief shall designate the approved classification of the proposed structure. If the proposed structure is placed in class IV pursuant to rule 1501:21-13-01 or 1501:21-13-09 of the Administrative Code, the chief shall notify the applicant that the proposed structure is exempt from the construction permit requirements(rule 1501:12-19-01 of the Administrative Code).

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-5-03 The final design submittal.

The final design submittal shall include an application on a form as specified by the chief, copies of which may be obtained from the division. The final design submittal shall also include the statutory filing fee, the original surety bond, the final design report, plus three copies each of the plans, and the specifications as prescribed in rules 1501:21-5-04 to 1501:21-5-06 of the Administrative Code. Within thirty days, the submittal shall be reviewed and either comments shall be provided or the cheif shall issue approval.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-5-04 The final design report.

The final design report shall include:

(A) All investigations required by Chapter 1501:21-11 of the Administrative Code.

Stability and settlement analyses, and seepage and underseepage studies shall be required, unless the applicant can demonstrate to the satisfaction of the chief that these analyses are not necessary.

(B) The bases, references, calculations, and conclusions relative to hydrologic, hydraulic, and structural design studies, and to the design of spillways and outlet works. Design procedures that have been established by the United States army corps of engineers, the United States department of interior bureau of reclamation, the federal energy regulatory commission, and the United States department of agriculture natural resources conservation service are generally accepted as sound engineering practice. A written summary of the design references and assumptions that are used shall be included in the information that is submitted to the chief.

(C) Steps to minimize erosion during construction.

(D) Detailed cost estimates of the following:

(1) Construction ofthe structure and its appurtenances;

(2) Performance of construction inspections and materials testing; and

(3) Preparation of the operation, maintenance, and inspection manual, the emergency action plan, and the as-built plans.

The design cost for the project is not included.

(E) For all class I structures except upground reservoirs, an emergency action plan for use during construction.

(F) For all dams, a first filling monitoring plan.

(G) Any other studies, investigations, and pertinent design information as may be required by the chief.

Effective: 05/23/2010
R.C. 119.032 review dates: 03/08/2010 and 05/15/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-5-05 The plans.

The plans shall consist of a bound portfolio of the drawings with all sheets being of the same size not larger than twenty-four inches by thirty-six inches. The plans shall also be provided in a digital file format acceptable to the chief.

(A) Sheet one shall show: the name of the project; its location, e.g. section, township, and county; the name of the owner or applicant; and the classification of the structure. Sheet one shall also contain a vicinity map that shows the project location with respect to the boundaries of political subdivisions, streams, highways, airports, and railroads.

(B) Topographic and cross-section surveys shall be made with sufficient accuracy to locate the proposed construction. Locations of baselines, centerlines, and other horizontal and vertical control points shall be shown on a topographic map of the site.

(C) A map shall be included that shows the locations of borings, test pits, proposed borrow areas, known farm tiles, utility lines, and other areas pertinent to the design and construction of the structure. The location of proposed borrow areas may be excluded from the map if acceptable to the chief.

(D) The remainder of the plans shall be accurately drawn in sufficient detail as to clearly indicate the extent and complexity of the work.

(E) The engineer shall affix the engineer's stamp, signature and date on each page of the plans.

Effective: 05/23/2010
R.C. 119.032 review dates: 03/08/2010 and 05/15/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-5-06 The specifications.

The specifications shall include the following:

(A) The general provisions, which shall specify the rights, duties, and responsibilities of the owner, applicant, applicant's engineer, and builder, and the prescribed order of the work.

(B) The technical provisions, which shall describe approved work methods, testing methods, testing frequency, equipment, materials, and required end results. The structural and hydraulic properties for the materials to be used as well as specifications for preparation and placement of these materials may also be required. The extent and method of quality control shall be subject to approval by the chief.

(C) Special provisions as may be required, which shall describe those technical details that are not usually contained in standard technical provisions.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 4-15-72; 10-15-81; 12-9-99; 1-16-05

1501:21-5-07 The filing fee.

The filing fee shall be based on the detailed cost estimate for the proposed construction as filed with and approved by the chief in accordance with paragraph (D) of rule 1501:21-5-04 of the Administrative Code, and shall be determined by the following schedule:

(A) For the first one hundred thousand dollars of estimated cost, a fee of four per cent;

(B) For the next four hundred thousand dollars of estimated cost, a fee of three per cent;

(C) For the next five hundred thousand dollars of estimated cost, a fee of two per cent;

(D) For all costs in excess of one million dollars, a fee of one-half of one per cent.

(E) In no case shall the filing fee be less than one thousand dollars. If the actual cost exceeds the estimated cost by more than fifteen per cent, an additional filing fee shall be required equal to the fee determined by the preceding schedule less the original filing fee.

R.C. 119.032 review dates: 03/08/2010 and 03/05/2015
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.061
Prior Effective Dates: 12-9-99; 10-9-03; 1-16-05