Transcript Requirements for Stream Buffers and Stream Impacts Level II: Introduction to Design Education and Certification for Persons Involved in Land Disturbing Activities Issued May 2009

Requirements for
Stream Buffers
and
Stream Impacts
Level II: Introduction to Design
Education and Certification for Persons
Involved in Land Disturbing Activities
Issued May 2009
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Overview
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What is a State Water?
Who determines State Waters?
How to determine State Waters
Functions of State Water buffers
What are the rules for State Waters?
– GA EPD variance procedures and exemptions
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What is a State Water???
• According to the GA E&S Act of 1975, “State
Waters” includes any and all rivers, streams,
creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other
bodies of surface or subsurface water, natural or
artificial, lying within or forming a part of the
boundaries of the State, which are not entirely
confined and retained completely upon the
property of a single individual, partnership, or
corporation.
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State Waters
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Who determines State Waters?
• In areas where there is a certified local
issuing authority (LIA), State Waters
determinations are made by the LIA.
• In areas where there is not a certified
issuing authority, GA EPD will confirm
State Waters and buffer delineations as
shown on ES&PC plans.
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Field Guide for Determining The Presence
of State Waters That Require a Buffer
• Issued September 2006
by GA EPD
• Available at
www.gaepd.org and
www.gaswcc.georgia.gov
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Steps for Determining the Presence of
State Waters and Buffer Requirements
1. Review the topography of the ES&PC Plan
for natural or artificial features that may
indicate the presence of State Waters.
2. Walk the site in order to identify State
Waters as defined.
3. Begin the inspection at one end of the
potential State Waters and walk the entire
length of the State Waters until it exits the
property.
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Steps for Determining the Presence of
State Waters and Buffer Requirements
4. Examine the drainage feature using the field
guide to determine whether the feature is
perennial, intermittent, or ephemeral. If the
drainage feature is determined to be
perennial or intermittent, then a Statemandated buffer exists. If the drainage
feature appears to be ephemeral then go to
Step 5 to make a final determination.
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Steps for Determining the Presence of
State Waters and Buffer Requirements
5. If evidence of base flow is present during
the site inspection, the stream is either
perennial or intermittent and will require a
buffer. If the site is visited during a dry
phase and base flows are not evident, the
drainage may be ephemeral or intermittent.
The ephemeral stream guidance from the
field guide should be used to make the final
determination as to whether the stream is
ephemeral.
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Steps for Determining the Presence of
State Waters and Buffer Requirements
6. If there is still a question about base flow
after Step 5 is completed, then the “North
Carolina Division of Water Quality Stream
Identification Method, Version 3.1” (or most
current version) should be used to verify
whether or not base flow is present.
7. The determination should be documented in
writing.
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Wrested Vegetation
• Look for a well defined channel and places
or patterns of “wrested” vegetation
– vegetation wrested from channel by
“normal stream flow” or “wave action”
• Walking the site to determine State Waters
is a must!
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Wrested Vegetation
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Normal Stream Flow Definition
• Intermittent headwater streams with base flow
during any period of the year will retain the
state mandated buffer protection
Base Flow: the discharge that enters a
stream channel mainly from groundwater
through the soil. Base flow also includes
spring flow into stream.
• ES&PC design professionals determine
existence of base flow, based upon site
topography, soils, and vegetation
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Normal Stream Flow Definition
• “Normal Stream Flow,” for non-trout waters
only, means any stream flow that consists
solely of base flow or both base flow and
direct runoff during any period to the year.
• “Stream Bank” definition, Rule 391-3-7.01(w).
• Applies to State Waters not classified as trout
waters.
• Waives stream buffer requirements for true
storm water drainage features, with no base
flow component.
Considerations
• Ephemeral trout streams are not exempt from the
State-mandated buffer requirements.
• Trout (cold water) streams are delineated in the
Georgia Water Quality Control Rules (391-3-6-.03).
• Buffer requirements are in the NPDES State
General Permits for Construction Activities.
• DNR Coastal Resources Division should be
contacted for marsh delineations.
• State Waters may also be Waters of the U.S.
Other “Clues” for State Waters
• Soils
- Hydric soils
• Topography
- Drainage Area
• Substrate in Channel
- Sandy substrate
• Vegetation types
- “Water-loving” species
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Channel
Wrested
Vegetation
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Defined Channel
Wrested Vegetation
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Misconceptions in State
Waters Determinations
• These factors are not to be considered:
– Whether a stream appears on a
topographical map as a solid or dashed
blue line
– Whether the stream originates on the
property
– Whether a stream that originates on the
property flows into another stream before it
leaves the property
– The duration of water flow in the stream 19
Misconceptions in State
Waters Determinations
• These factors are not to be considered:
– The absence of observable aquatic life
– Whether or not you “Get your boots wet”
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Functions of Buffers
• Reduces storm runoff
velocities
• Acts as a screen for
“visual pollution”
• Reduces construction
noise
• Improves aesthetics on
the disturbed land
• Filters and increases
infiltration of runoff
• Cools rivers and
streams by providing
shade
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Functions of Buffers
• Provides food and
cover for wildlife and
aquatic organisms
• Aids in flood
protection
• Protects channel
banks from scour
and erosion
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What happens if it is
State Waters?
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Review of Stream Buffer Rules
• Measured horizontally from point where
vegetation has been wrested by normal
stream flow or wave action
• 25 Feet - Warm Water streams*
• 50 Feet - Trout (cold) streams*
*Local issuing authorities may
require additional buffers in
local ordinance!
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Trout Stream
• Primary Trout Waters – streams supporting a selfsustaining population of rainbow, brown, or brook trout as
indicated in the Rules and Regulations for Water Quality
Control, Chapter 391-3-6.
• Secondary Trout Waters- streams with no evidence of
natural trout reproduction but capable of supporting trout
throughout the year as indicated in the Rules and
Regulations for Water Quality Control, Chapter 391-3-6.
• All streams or portions of streams within the Watershed as
designated by GA EPD under the provisions of the Georgia
Water Control Act (O.C.G.A 12-5-20)
NPDES Permits under Definitions
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Coastal Areas
• Buffers for saltwater
marshes and tidally
influenced streams are
measured from the
marsh jurisdictional line,
which is determined by
the Coastal Resources
Division of the GA DNR,
pursuant to the Coastal
Marshland Protection
Act.
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What if it is necessary to work
in the buffer?
• The minimum 25’ or 50’ (Trout Streams) undisturbed State
Waters buffer shall be maintained, except where the Director
of GA EPD determines to allow a variance that is at least as
protective of natural resources and the environment.
• Variances for the State minimum buffer may only be issued
by GA EPD, not by local issuing authorities.
• Check with Federal regulators to ensure compliance with
Federal regulations (U.S. Army Corps of Engineers)
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Activities exempt from stream
buffer variance requirements:
Drainage structures on warm water
streams only
Roadway drainage structures on warm
water and trout streams.
Water line, sewer line crossings (within
25 degrees or perpendicular to the
stream)
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Drainage Structures
•
A device composed of a virtually
nonerodible material such as concrete,
steel, plastic or other such material
that conveys water from one place to
another by intercepting the flow and
carrying it to a release point for storm
water management, drainage control,
or flood control purposes.
O.C.G.A 12-7-3 (7)
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Roadway Drainage Structures
•
A device such as a bridge, culvert, or ditch,
composed of a virtually nonerodible material
such as concrete, steel, plastic, or other such
material that conveys water under a roadway by
intercepting the flow on one side of a traveled
roadway consisting of one or more defined
lanes, with or without shoulder areas, and
carrying water to a release point on the other
side.
O.C.G.A 12-7-3 (13)
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General Variance for Trout Streams
• Average annual flow less than 25 gpm.
• Two methods for determination:
(1) USGS unit area runoff map to
determine watershed acreage
(Open-File Report 82-557).
(2) Hydrologic analysis by a
registered engineer or geologist.
General Variance for Trout Streams
• Total length on property cannot exceed 200
feet.
• Downstream end of the pipe must terminate
25 feet before the property boundary.
• Information must be provided to the LIA or
GA EPD, as appropriate.
Buffer Variances
Buffer variances will only be
considered for the following ten criteria
(a – j)
Buffer Variance Criteria – (a)
• The project involves the construction or
repair of a structure which, by its nature,
must be located within the buffer:
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dams
public water supply intake structures
waste water discharges
docks and boat launches
stabilization areas of public access to water
Buffer Variance Criteria – (b)
• The project will result in the restoration
or enhancement to improve water
quality and/or aquatic habitat quality.
Buffer Variance Criteria – (c)
• Buffer intrusion is necessary to provide
reasonable access to a property or
properties.
Buffer Variance Criteria – (d)
• The intrusion is for gravity-flow sewer
lines that cannot reasonably be placed
outside the buffer, and stream crossing
and vegetative disturbance are
minimized.
Buffer Variance Criteria – (e)
• Crossing for utility lines, including but not limited
to:
• gas
• liquid
• power
• telephone or other pipelines
(provided that the number of crossings and the
amount of vegetative disturbances are minimized)
Buffer Variance Criteria – (f)
• Recreational foot trails and viewing
areas, providing that impacts to the
buffer are minimal.
Buffer Variance Criteria – (g)
The project involves construction of:
• one single family home for residential
use by the owner of the property and
there is no opportunity to develop under
any reasonable design configuration.
Buffer Variance Criteria – (h)
Project will
• require a permit from the U.S. Army Corps of
Engineers (COE) for impacts to jurisdictional
waters of the U.S.
• the COE has approved a mitigation plan
• implementation of the plan is a 404 permit
condition
- Applicable to non-trout waters only -
Buffer Variance Criteria - (i)
Project includes a plan that shows that the
completed project will maintain or improve water
quality downstream of the project. This criteria
requires a water quality model acceptable to
GA EPD.
- Applicable to non-trout waters only -
Buffer Variance Criteria - (j)
Project with a buffer disturbance located:
• in, or upstream and within 10 linear miles of an
impaired stream segment as shown on the
Georgia’s Section 303(d) list, and
• includes a plan that shows that the completed
project will maintain or improve water quality in the
listed segment. This criteria requires a water
quality model acceptable to GA EPD.
- Applicable to non-trout waters only -
Variance Application Review
• Applications are reviewed for completeness
within 10 calendar days of receipt.
• Complete applications are reviewed within 60
calendar days of receipt.
• During this timeframe, review comments are
forwarded to the applicant or GA EPD issues
a 30-day public advisory and advises the
applicant to publish a 30-day public advisory.
Application Processing Delays
• Not addressing all of the checklist items
which results in an incomplete plan
• Delayed response to GA EPD comments
during the 60-day review period
• Not submitting the original tear sheet or
affidavit for the applicant’s public notice
New Guidance
• Mitigation guidelines for buffer variance
criteria (h), (i) and (j).
• Guidelines for stream bank and shore line
stabilization projects.
• New guidelines are currently available on the
GA EPD website, www.gaepd.org.
Stream buffer variance and
LDA Permits
• The LIA may not issue a land disturbing permit for a
project proposing to encroach into the State stream buffer
until a GA EPD variance has been granted
– Do not assume that since the stream buffer variance
has been submitted that it will be approved
• If a variance is approved, it is the local issuing authority’s
responsibility to inspect and enforce for compliance
• If the stream buffer variance is not acceptable to the LIA,
the LIA may issue an LDA without allowing encroachment
into the buffer
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Summary
• Buffers on state waters are valuable in protecting
and conserving land and water resources.
• Walk sites and gather all necessary information to
determine State Waters
• Some activities are exempt from stream buffer
requirements
– i.e. drainage structures, sewer crossings, etc.
• All non-exempt activities within a state water
buffer require a GA EPD stream buffer variance
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For More Information…
• Stream buffer variance application and checklist of
required information can be found at www.gaepd.org click
on Documents
Publications and Forms
Watershed
Protection Branch
Erosion and Sedimentation
• Recommend consulting design professional for assistance
with the variance process
• Contact Peggy Chambers, Michael Berry or Jean
Shepherd at (404) 675-6240 with stream buffer questions
• DNR Coastal Resources Division at (912) 264-7218
QUESTIONS?
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