RURAL ROADS MAINTENANCE ENVIRONMENTAL CONSIDERATIONS

1. RURAL ROADS MAINTENANCE ENVIRONMENTAL CONSIDERATIONS INTRODUCTION TO BEST MANAGEMENT PRACTICES ENVIRONMENTALY SENSITIVE MAINTENANCE

2. PURPOSE AND SCOPE Develop maintenance operations and procedures that are reasonable and effectively reduce sedimentation and other environmental impacts that can occur with the normal maintenance activities of local highway jurisdictions and other rural roads.

3. INTRODUCTION TO ENVIRONMENTAL REGULATORY AGENCIES FEDERAL AGENCIES Environmental Protection Agency (EPA); Bureau of Land Management (BLM); US Forest Service; National Oceanic and Atmospheric Agency Fisheries; CORP OF ENGINEERS; STATE AGENCIES Idaho Department of Environmental Quality (DEQ); Idaho Lands; Idaho Fish and Game; Idaho Department of Water Resources

4. ENVIRONMENTAL PROTECTION AGENCY • The United States Environmental Protection Agency (EPA) was formed in 1970 to enforce environmental compliance and consolidate federal pollution control activities. • Water Quality Act of 1965 • Federal Water Pollution Control Act Amendments of 1972 (FWPCA) • Clean Water Act (CWA) of 1977 • Water Quality Act (WQA) of 1987 77

5. Idaho Department of Environmental Quality • The Department of Environmental Quality is the agency designated in the state of Idaho to make section 401 of the Clean Water Act certification decisions. Currently the duties of this program are coordinated from the DEQ State Office and administered from six regional offices. 78

6. US Army Corps of Engineers • The Corps of Engineers has authority over discharge of dredge and fill materials in waters of the US under the Clean Water Act • 404 Permit requirements 87

7. Bureau of Land Management • The BLM has jurisdiction over unappropriated public lands. Responsible for developing and maintaining standards and procedures for transportation systems planning on public lands. Land management activities must comply with sustained yield and multiple use requirements of the Federal Land Policy and Management Act of 1976. 77

8. Forest Service • The U.S. D.A. – Forest Service has authority to manage National Forest Lands as delineated in the National Forest Management Act. • Forest Service Policy is guided by the Federal Land Policy and Management Act of 1976 85

9. NOAA Fisheries • “One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats.  Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States”.  – Magnuson-Stevens Act, 1996 82

10. Idaho Department of Lands • The Idaho Department of Lands has jurisdiction over private and state endowment lands as set forth in “Statutes and Regulations Pertaining in the Idaho Department of Public Lands”, 1976. IDL administers the Idaho Forest Practices Act of 1974, which includes minimum standards for road construction and maintenance on non federal lands. 79

11. Idaho Department of Water Resources • 37.03.07 - STREAM CHANNEL ALTERATION ACT. • 37.03.08 - WATER APPROPRIATION RULES • 37.03.11 - RULES FOR CONJUNCTIVE MANAGEMENT OF SURFACE AND GROUND WATER RESOURCES 80

12. Stream Channel Protection Act • Provides protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality • Applies to any type of alteration work done inside the ordinary high water marks of a continuously flowing stream • Requires a permit before any work can begin that will alter the stream channel

13. Idaho Department of Fish and Game • Endangered Species • Animal crossings • Wild life habitat 78

14. Forest Practices Act • Establishes minimum standards for logging, road building and other forest practices • Provides assistance and inspections

15. Additional Agencies • Idaho Association of Soil Conservation Districts (IASCD) 78 • National Resource Conservation Service (NRCS) 82 • United States Geological Survey 86 • Weed-Free Forage/Straw Distributors 86

16. FEDERAL REGULATIONS • Clean Water Act • NPDES I & II • 404 Permit • Endangered Species • Historical and Archeological

17. CLEAN WATER ACT • Enacted in 1972 • 1972 • Only a third of the nation’s waters were safe for fishing and swimming • Wetland losses were estimated at about 460,000 acres annually • Agricultural runoff resulted in erosion of 2.25 billion tons • Today • Two thirds of the nation’s waters are safe for fishing and swimming • Wetland losses are down to 70,000 acres • Agricultural runoff has been cut by 1 billion tons

18. Erosion and Sedimentation Control Requirements • National Pollutant discharge Elimination System (NPDES) Storm Water Permit • Corps of Engineers Section 404 Permit • Storm Water Pollution Prevention Plan • Idaho Department of Water Resources Stream Encroachment Permit • City and County Permits

19. PERMITS The Department of Water Resources Stream Alteration Permit is required for construction in perennial streams The Corps of Engineers 404 Permit is required for the discharge of dredged or fill materials into waters (including wetlands) of the U.S.

20. PERMITS National Pollution Discharge Elimination System (NPDES) permits must be obtained for construction projects with storm water discharges from construction sites. 1. There is ground disturbance such as grading, clearing and grubbing, and excavation 2. The area of the ground exceeds 1 acre for phase II. Effective March 10, 2003 3. There is a point discharge into waters of the U.S.

21. DEFINITIONS Pollutant - Any type of industrial, municipal, and agricultural waste discharged into water Point Source - Any discernible, confined and discrete conveyance, such as a pipe, ditch, channel, tunnel, conduit, discrete fissure, or container from which pollutants are or may be discharged from.

22. DEFINITIONS Waters of the U.S. - Navigable waters, tributaries to navigable waters, interstate waters, the oceans out to 200 miles, and intrastate waters which are used: by interstate travelers for recreation or other purposes, as a source of fish or shellfish sold in interstate commerce, or for industrial purposes by industries engaged in interstate commerce.