Environmental Regulatory Update

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Environmental Regulatory Update
American Society of Highway Engineers Dave
Ramsey Principal
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S.P.G.P.

• USACE State Program General Permit
• 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)
• Activities previously authorized under 14 39
  had to begin work by November 1, 2003 (Check
  expiration date on NWP)
• 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
• New
• lt24 countersink 3
• gt24 countersink 6
• Exemptions for extensions and certain maintenance
• Floodplain pipes (doesnt 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 lt 0.1 acre (cumulative wetlands, open water,
  streams) OR lt 300 L.F. of stream
• B lt 0.5 acre of non-tidal wetland open water,
  stream impacts OR lt 300 L.F. of stream impacts
• C lt 1.0 acre of non-tidal wetlands open
  water, stream impacts OR lt 2,000 L.F. stream
  impacts

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Category A B

• 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
• COE sends email to DEQ project meets SPGP
• DEQ issues permit with a SPGP statement

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Category C

• 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

• 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 lt 300 L.F., required
  for any other scenario

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Category A B

• Amount of Impacts (Category)
• A lt 0.1 acre of non-tidal wetlands or water
  impacts per crossing but must be entire project
  for a lateral encroachment
• 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 lt 300
  LF)
• 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?

• Streamlines review to 45 day process upon a
  complete application
• (similar to Nationwide procedures)
• COE relinquishes lead agency to DEQ (defaults on
  appropriate mitigation)
• Eliminated the non-reporting aspect of NWPs 14
  39

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Confirmation Changes

• COE can provide advice on how to avoid and
  minimize impacts
• COE can provide written confirmation during site
  review

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VWP General Permits

• Abbreviated review process for the DEQ Virginia
  Water Protection Permit Program
• 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

• 4 Types of VWP General Permits
• WP1 - lt 0.5 acre impacts
• WP2 Utilities
• WP3 Linear Transportation Projects
• WP4 Development Activities
• Reporting-Only
• lt 0.10 acre of wetlands waters (cumulative) AND
  lt 300 L.F. of stream
• No fee required

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VWP General Permits

• Overall changes (rev. 1-25-2005)
• Not required to preserve onsite state waters in
  perpetuity.
• Mitigation requirements are (except WP1)
• Wetland standard compensatory ratios
• 11 emergent
• 1.51 scrubshrub
• 21 forested
• 11 conversion from forested (permanent
  alteration)
• 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
• Open Water may be required at a 11 ratio, as
  appropriate

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VWP General Permits

• Overall changes (rev. 1-25-2005)
• Notice of planned change.
• 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

• WP1- lt 0.5 acre of impacts
• lt 0.5 acre of wetlands waters AND
• 125 L.F. of perennial stream
• 1,500 L.F. of intermittent stream
• 21 mitigation for all wetland types
• Stream mitigation at bank or ILF
• Compensation for open water 11 as appropriate

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VWP General Permits

• 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

• 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

• 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 gt 1.0 acre
• In addition, mitigation plan 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

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VWP Compliance Enforcement

• 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 ES measures is becoming more of a
  priority with DEQ

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Differences in Programs

• Impact thresholds
• Wetlands 1.0 vs. 2.0 acres
• Waters 2,000 L.F. vs. 500/1,500 L.F.
• 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 NWPs 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
• 43 Stormwater Management
• Non-reporting situations are becoming extinct

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Williamsburg Environmental Group, Inc.

• Questions?