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Buffers and Special Water Quality Protections

Buffers and Special Water Quality Protections. Jason R. Vogel, Ph.D., P.E. Assistant Professor Extension Stormwater Specialist Biosystems and Agricultural Engr. Oklahoma State University. Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV

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Buffers and Special Water Quality Protections

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  1. Buffers and Special Water Quality Protections Jason R. Vogel, Ph.D., P.E. Assistant Professor Extension Stormwater Specialist Biosystems and Agricultural Engr. Oklahoma State University Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water Quality Division Department of Environmental Quality

  2. Outline • Special Water Quality Protections • Outstanding Resource Waters (ORWs) • Aquatic Resources of Concern (ARCs) • Endangered/Threatened Species • Impaired Waters • Buffer Requirements

  3. Special Water Quality Protections

  4. Outstanding Resource Water/Aquatic Resource of Concern • Outstanding Resource Waters (ORWs) • Waters of the State designated in Oklahoma’s Water Quality Standards, OAC 785:45, Appendix A • Include Illinois River & Lee Creek watersheds and Mountain Fork River watershed • Addendum F of OKR10 indicates locations

  5. Outstanding Resource Water/Aquatic Resource of Concern • Grand (Neosho) River • Cimarron River • South Canadian River • Muddy Boggy River • Kiamichi River • Little River • Glover River • Mountain Fork River • Spring River • Illinois River • Lee and Little Lee Creeks • Certain watersheds • Aquatic Resources of Concern (ARCs) • Includes sections of the following:

  6. Outstanding Resource Water/Aquatic Resource of Concern • Alfalfa • Beckham • Carter • Cimarron • Comanche • Garfield • Garvin • Grant • Greer • Johnston • Kiowa • Lincoln • Murray • Nowata • Okfuskee • Oklahoma • Okmulgee • Rogers • Stevens • Texas • Washita • Washington • Aquatic Resources of Concern (ARCs) • Counties with no stormwater discharge-sensitive endangered/threatened species:

  7. Outstanding Resource Water/Aquatic Resource of Concern • For sites discharging to ORW/ARC • Indicate on NOI and address in SWP3 • Inspection requirements • Minimum of once every 7 days and within 24 hours of a storm event of ≥0.5 inches or within 24 hours of snowmelt-related discharge

  8. Outstanding Resource Water/Aquatic Resource of Concern • For sites discharging to ORW/ARC • Stabilization requirements • Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased • Completed within 7 days • Corrective actions required

  9. Outstanding Resource Water/Aquatic Resource of Concern • For sites discharging to ORW/ARC • 100 ft buffer zone required • Alternately, use Addendum I “Buffer Guidance” for equivalent controls • Temporary or permanent sediment basin required for areas that serve an area with ≥5 acres disturbed

  10. Outstanding Resource Water/Aquatic Resource of Concern • For sites discharging to ARC • Discharge must be protective of listed endangered/threatened species or designated critical habitat • Applicant must comply with requirements, conditions, terms identified as necessary to meet eligibility requirements

  11. Endangered/Threatened Species Important Note: Permit does not authorize discharges that cause a prohibited “take” or that are likely to jeopardize continued existence of species or habitat

  12. Endangered/Threatened Species • Procedure for assessing potential effects of discharge on listed species (see Part 11): • Complete prior to submitting NOI • Step 1: Determine if project discharges to ARC • If project doesn’t discharge to ARC, no additional steps are necessary. • If project does discharge to ARC, proceed to Step 2.

  13. Endangered/Threatened Species • Procedure for assessing potential effects of discharge on listed species (see Part 11): • Step 2: Implement stormwater control measures to protect listed species • Retain sediment on site to the greatest extent practicable • Establish/retain 100 ft buffer zone or equivalent • Follow stabilization requirements

  14. Endangered/Threatened Species • Applicant must certify that it meets at least ONE of following criteria: • Site is not located within any of the Aquatic Resource of Concern (ARC) corridors; OR • Site is located within ARC corridor and SWP3 describes area and measures used to protect species or habitat; OR

  15. Endangered/Threatened Species • Applicant must certify that it meets at least ONE of following criteria (cont’d): • Site is federally approved/authorized and addresses Endangered Species act Section 7 consultation • Must include documentation demonstrating Section 7 consultation; OR • Applicant’s discharge(s) is/are addressed in another operator’s certification of eligibility

  16. Endangered/Threatened Species • Applicant must certify that it meets at least ONE of following criteria (cont’d): • If one of above can’t be met, may use Buffer Guidance to select equivalent sediment controls or contact DEQ for guidance • No longer necessary to contact USFWS for guidance on alternatives

  17. Impaired Waters • Identified by State or EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State water quality standards • Includes • Waters with approved or established TMDLs, and • Waters for which a TMDL has not yet been established or approved

  18. Impaired Waters • 303(d) list and approved TMDLs/watershed plans can be found on DEQ website: • For 303(d) list: http://www.deq.state.ok.us/wqdnew/305b_303d/index.html • For approved TMDLs/watershed plans: http://www.deq.state.ok.us/wqdnew/tmdl/index.html

  19. Impaired Waters • For sites discharging pollutants of concern to receiving water on 303(d) list: • Document how BMPs will control discharge of pollutants of concern • If TMDL or watershed plan has been approved • Describe how SWP3 is consistent with TMDL/watershed plan

  20. Impaired Waters • For sites within one mile of streams impaired for sediment: • Indicate on Notice of Intent • Inspection requirements • Minimum of once every 7 days and within 24 hours of a storm event of ≥0.5 inches or within 24 hours of snowmelt-related discharge

  21. Impaired Waters • For sites within one mile of streams impaired for sediment: • Corrective actions • Document within 24 hours and implement within 7 days of discovery • Stabilization requirements • Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased • Completed within 7 days

  22. Buffer Requirements

  23. Buffer Requirements • Two (2) buffer requirements (see Addendum I) • Alternative 1: • For sites discharging into receiving water located on or immediately adjacent to your site that are not an ARC or ORW • Provide 50 feet of natural buffer as measured from the top of the bank to disturbed portions of the site

  24. Buffer Requirements • Two (2) buffer requirements (see Addendum I) • Alternative 2: • For sites discharging to the watershed of ARC and/or ORW • Provide 100 feet of vegetated buffer between area disturbed and all perennial or intermittent streams; or 50 feet of vegetated buffer between area disturbed and all ephemeral streams or drainages.

  25. Buffer Requirements • Retain and protect as much natural buffer from construction activities as possible • Preexisting structures and impervious surfaces are allowed in buffer provided vegetation outside preexisting disturbance is maintained

  26. Buffer Requirements Do not conduct earth-disturbing activities within buffer during permit coverage Ensure all discharges are first treated by erosion and sediment controls before entering buffer

  27. Buffer Requirements • Natural buffers and equivalent sediment controls don’t apply when: • Water crossings, limited water access, and stream restoration authorized under a Clean Water Act (CWA) Section 404 permit exist • No natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces)

  28. Buffer Requirements • Three compliance alternatives • Alternative 1: Provide and maintain a 50/100-foot undisturbed natural buffer • Alternative 2: Provide and maintain <50/100-foot buffer and install additional erosion and sediment controls • Alternative 3: Implement equivalent erosion and sediment controls to achieve the same sediment load reduction as provided by a 50/100 foot natural buffer if natural buffer of any size is infeasible

  29. Buffer Requirements • Using Addendum I • Step 1: Determine if buffer is required • Step 2: Determine which compliance alternative to use • Step 3: If Alternative 1, measure existing buffer width and retain and protect required natural buffer width • Measured perpendicularly from the ordinary high water mark or the edge of the stream or river bank, bluff or cliff • For meandering waterbodies, you may measure in regular intervals instead of measuring each change

  30. Buffer Requirements • Step 4: If Alternative 2 or 3 selected: • Document width and location of buffer in SWP3 (Alt. 2) • Document why it is infeasible to provide and maintain an undisturbed natural buffer of any size in the SWP3 • Determine what additional controls must be implemented along with any retained natural buffer • Addendum I lists process for determining which BMP or combination of BMPs can provide equivalent sediment reduction as natural buffer

  31. Buffer Requirements • Determining equivalent sediment reduction • Step 1: Estimate removal efficiency at site if 50/100 ft buffer could be provided • Equivalent erosion and sediment controls must provide sediment load reduction equivalent to this • Dependent on site-specific factors • Includes precipitation, soil type, land cover, slope length, width, steepness, and types of sediment controls used to reduce the discharge of sediment prior to the buffer

  32. Buffer Requirements • Estimating removal efficiency of buffer • Use buffer performance standards included in Appendix I, Tables I-1 through I-4 OR • Conduct a site-specific calculation for sediment removal efficiency • Provide the specific removal efficiency and the information used for the site-specific calculation in your SWP3

  33. Buffer Requirements • Things to note when using Tables I-1 through I-4: • Developed by Dr. Jason Vogel and Katie Beitz, Biosystems and Agricultural Engineering, Oklahoma State University • Choose vegetation type that most closely matches vegetation that would exist naturally, regardless of condition • No supplemental planting required • Take credit as a fully vegetated “natural buffer” in subsequent calculations

  34. Buffer Requirements • Example: • I am developing a commercial site in Oklahoma City. • How do I know if I need to have a buffer? • Take a look at how close the site is to the nearest surface water

  35. Buffer Requirements • I’ve looked at my site, and it looks like I will need to clear ground within 50 feet of the stream in order to build my parking lot. Now what? • Earth-disturbing activities will occur within 50 feet of surface water: Buffer is required • Is surface water an ORW or ARC? • If NO – 50 ftbuffer required • If YES – 100 ft buffer required

  36. Buffer Requirements • So I know I need to provide a 50 ft buffer. What’s next? • Determine if you can provide the entire 50 feet of undisturbed buffer on your site. • If YES – protect buffer from earth-disturbing activities for the duration of the project • If NO – determine how much of a buffer can be provided and what equivalent sediment control measures you will install instead • Use Tables I-1 through I-4 for this

  37. Buffer Requirements • I can’t maintain any buffer at my site. Now what do I do? • Use Appendix I, Tables I-1 through I-4 to determine sediment reduction provided by 50 feet of undisturbed natural buffer • Site location: Oklahoma City • Natural buffer vegetation: Weeds • Site condition: Blade fill • Soil type: Sand

  38. Buffer Requirements • Example using Appendix I, Tables I-1 through I-4: • Site location: Oklahoma City • Natural buffer vegetation: Weeds • Site condition: Blade fill • Soil type: Sand • Sediment removal efficiency based on Table I-1: 41%

  39. Buffer Requirements • I found the removal efficiency of a natural buffer at my site. How do I determine what sediment controls can provide an equivalent sediment load reduction? • Select stormwater control(s) you want to use and • Use Table I-1 through I-4 to determine sediment load reduction OR • Use a model or other type of calculator showing how BMPs meet or exceed the sediment removal efficiency from Step 1

  40. Buffer Requirements • If using Appendix I, Tables I-1 through I-4: • Site location: Oklahoma City • Natural buffer vegetation: Weeds • Site condition: Blade fill • Soil type: Sand • Sediment removal efficiency of buffer based on Table I-1: 41% • Proposed sediment control measure: 12” waddle

  41. Buffer Requirements • Using Appendix I, Tables I-1 through I-4: • Site location: Oklahoma City • Natural buffer vegetation: Weeds • Site condition: Blade fill • Soil type: Sand • Sediment removal efficiency of buffer based on Table I-1: 41% • Proposed sediment control measure: 12” waddle • Equivalent sediment reduction of control measure: 90%

  42. Buffer Requirements • My selected sediment control provides adequate sediment load efficiency. Am I done yet? • Document information from previous steps in SWP3 including: • Buffer vegetation and soil type if Tables I-1 through I-4 are used OR • Specific removal efficiency and other information for site-specific calculation • Stormwater control(s), model or calculator used (other than Tables), and results of calculations

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