Transcript Document

Environmental Regulatory Update
American Society of Highway
Engineers
Dave Ramsey
Principal
S.P.G.P.
USACE State Program General Permit
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A general permit issued by the COE to reduce duplication
of effort with DEQ
Activated 11-2-02, rev. 9-03, rev 2005 (Pending)
Eliminated Nationwide permits w/in Virginia
NWP 14 (Road Crossings)
NWP 39 (Development)
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Activities previously authorized under 14 & 39 had to begin
work by November 1, 2003 (Check expiration date on
NWP)
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Jurisdictional confirmation prior to proposed impacts under
SPGP
Discharges in non-tidal waters include filling, flooding,
excavation, drainage, placement of pipes or water
conveyances
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Exclusions
The following projects will NOT be processed under
the SPGP program:
 Agricultural activities
 Channelization
 Atlantic white cedar, bald cypress, water tupelo &
overcup oak wetlands
 Histosol wetlands
 Water withdrawals
 SWM facilities in perennial streams
(these can still be permitted under full review in the Individual
process)
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New Special Conditions
 Countersinking piped culverts
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• <24” – countersink 3”
• >24” – countersink 6”
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Exemptions for extensions and certain maintenance
Floodplain pipes (doesn’t apply)
Hydraulic opening specifications
Pipes on bedrock
Pipes on steep terrain
Problems encountered
Emergency Pipe Replacements
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ACTIVITY 1
Residential, Commercial & Institutional
(RCI) Developments
 Amount of Impact (Category)
 A: < 0.1 acre (cumulative wetlands, open
water, & streams) OR < 300 L.F. of stream
 B: < 0.5 acre of non-tidal wetland & open
water, & stream impacts OR < 300 L.F. of
stream impacts
 C: < 1.0 acre of non-tidal wetlands & open
water, & stream impacts OR < 2,000 L.F.
stream impacts
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Category A & B
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COE review to determine:
 If impacts exceed limit thresholds
 No T/E species are affected
 No eligible/listed historic properties are affected
 Meets General & Special Conditions in SPGP
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COE sends email to DEQ project meets
SPGP
DEQ issues permit with a SPGP statement
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Category C
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COE review same as Category A & B,
PLUS:
 COE coordinates w/ EPA, FWS, and
VDHR
 COE & DEQ conduct separate but parallel
review and approvals (45 days each)
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ACTIVITY 2
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Discharges of dredged and/or fill material
related to construction, expansion, modification,
or improvement of linear transportation
crossings,
Including certain Lateral Encroachments
(transportation projects parallel to resource)
For use by VDOT, localities, public-private
partnerships, or individuals
Single & Complete, each crossing of a surface
water and multiple crossings of the same
waterbody at separate and distinct locations
No mitigation required for < 300 L.F., required
for any other scenario
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Category A & B
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Amount of Impacts (Category)
 A: < 0.1 acre of non-tidal wetlands or water
impacts per crossing but must be entire project for
a lateral encroachment
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COE sends email to DEQ meets SPGP
DEQ issues permit with SPGP statement
 B: Impacts between 0.1 & 0.3 acre of non-tidal
waters, including wetlands but must be entire
project for a lateral encroachment (also < 300 LF)
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COE coordinates w/ EPA, FWS, and VDHR
COE & DEQ conduct separate but parallel review
and approvals (45 days each)
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What Changed?
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Streamlines review to 45 day process
upon a complete application
(similar to Nationwide procedures)
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COE relinquishes lead agency to DEQ
(defaults on appropriate mitigation)
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Eliminated the non-reporting aspect of
NWP’s 14 & 39
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Confirmation Changes
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COE can provide advice on how to avoid
and minimize impacts
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COE can provide written confirmation
during site review
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VWP General Permits
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Abbreviated review process for the DEQ
Virginia Water Protection Permit Program
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The DEQ has 45 days from the receipt of
a COMPLETE permit package to grant,
modify or deny a permit
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Exclusions
The following projects will NOT be processed under
the VWP General Permit program:
 Channelization
 Atlantic white cedar, bald cypress, water tupelo &
overcup oak wetlands
 Histosol wetlands
 Water withdrawals
 SWM facilities in perennial stream
 Irrigation ponds in perennial streams
 Dredging
(these can still be permitted under full review in the Individual
process)
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VWP General Permits
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4 Types of VWP General Permits
 WP1 - < 0.5 acre impacts
 WP2 – Utilities
 WP3 – Linear Transportation Projects
 WP4 – Development Activities
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Reporting-Only
 < 0.10 acre of wetlands & waters
(cumulative) AND < 300 L.F. of stream
 No fee required
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VWP General Permits
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Overall changes (rev. 1-25-2005)
 Not required to preserve onsite state waters in
perpetuity.
 Mitigation requirements are (except WP1):
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Wetland standard compensatory ratios
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1:1 emergent
• 1.5:1 scrub–shrub
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2:1 forested
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1:1 conversion from forested (permanent alteration)
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Stream mitigation can include a combination of the
following:
• Stream restoration
• Riparian buffer restoration or enhancement
• Preservation or enhancement of stream corridors
• Purchase stream credits at a bank
• Contribution to ILF fund (written acceptance from applicant)
Required stream impact assessment method for determining
required compensation in flux
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Open Water may be required at a 1:1 ratio, as appropriate
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VWP General Permits
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Overall changes (rev. 1-25-2005)
 Notice of planned change.
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Permanent impacts not greater than .25 ac (wetlands) and
50 lf (stream)
Less wetland or stream impact with less required
mitigation
Change in the mitigation bank
Notice of planned change not required for additional
temporary impacts provided DEQ is notified
Permittee shall notify DEQ in advance of the planned
change
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VWP General Permits
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WP1- < 0.5 acre of impacts
 < 0.5 acre of wetlands & waters AND
 ≤ 125 L.F. of perennial stream
 ≤ 1,500 L.F. of intermittent stream
 2:1 mitigation for all wetland types
 Stream mitigation at bank or ILF
 Compensation for open water 1:1 as
appropriate
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VWP General Permits
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WP2 – Utilities
 ≤ 1.0 acre
 ≤ 500 L.F. of perennial stream
 ≤1,500 L.F of intermittent stream
 Conversion impacts up to 20’ right-of-way
will not require mitigation
(COE Nationwide 12 is still active)
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VWP General Permits
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WP3 – Linear Transportation Project
 ≤ 2.0 acre cumulative wetlands & waters
 ≤ 500 L.F. of perennial stream
 ≤ 1,500 L.F of intermittent stream
 In addition, mitigation combinations can include:
 Wetlands (Must be in conjunction with creation,
restoration, or mitigation bank credits)
• Preservation of wetlands
• Preservation or restoration of upland buffers adjacent
to state waters
 Must evaluate feasibility of onsite compensation
before proposing offsite mitigation.
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VWP General Permits
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WP4 – Development Activities
≤ 2.0 acre cumulative of wetlands and waters
≤ 500 L.F. of perennial stream
≤1,500 L.F of intermittent stream
Conduct a Functional values assessment for impacts
to wetlands > 1.0 acre
 In addition, mitigation plan can include:
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Wetlands (Must be in conjunction with creation,
restoration, or mitigation bank credits)
• Preservation of wetlands
• Preservation or restoration of upland buffers adjacent to
state waters
 Must evaluate feasibility of onsite compensation
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VWP Compliance &
Enforcement
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General Permits require construction
monitoring reports during the life of the
project. (1st, 2nd,3rd month and every 6th &
12th months until impact completion)
General Permits require the purchase
mitigation credits prior to commencement
of construction.
Enforcement of E&S measures is
becoming more of a priority with DEQ
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Differences in Programs
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Impact thresholds
 Wetlands 1.0 vs. 2.0 acres
 Waters 2,000 L.F. vs. 500/1,500 L.F.
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DEQ program more stringent
 Reviews all waters & wetland impacts
cumulatively (temporary & permanent)
 Require more detailed mitigation plans
upfront
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Other
Nationwide Permits
Projects may qualify for NWP’s rather than going
through the new programs:
 3 – Maintenance
 7 – Outfall Structures
 12 – Utility Lines
 18 – Minor Discharges
 29 – Single Family Housing
 40 – Agricultural
 42 – Recreational
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 43 – Stormwater Management
Non-reporting situations are becoming extinct
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Williamsburg Environmental Group, Inc.
Questions?
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