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Buffers and Special Water Quality Protections

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Presentation on theme: "Buffers and Special Water Quality Protections"— Presentation transcript:

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

2 Outline Special Water Quality Protections Buffer Requirements
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

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

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

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9 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

10 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

11 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

12 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

13 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

14 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.

15 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

16 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

17 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

18 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

19 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

20 Impaired Waters 303(d) list and approved TMDLs/watershed plans can be found on DEQ website: For 303(d) list: For approved TMDLs/watershed plans:

21 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

22 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

23 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

24 Buffer Requirements

25 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

26 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.

27 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

28 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

29 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)

30 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

31 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

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34 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

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36 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

37 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

38 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

39 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

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41 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 ft buffer required If YES – 100 ft buffer required

42 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

43 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

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45 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%

46 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

47 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

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49 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%

50 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

51 Buffer Requirements So what if I don’t want to use Tables I-1 through I-4? Use other available calculation methods or models

52 Alternative Calculation Methods

53 Alternative Calculation Methods
Model options for calculating effectiveness of alternative controls RUSLE-series programs (USDA) WEPP (USDA) SEDIMOT series (downloadable, developed by Barfield et al.) SedPro (Woolpert, Inc.) SEDCAD (Civil Software Design, LLC)

54 RUSLE – Revised Universal Soil Loss Equation
A = (R)(K)(LS)(C)(P) A=Erosion per unit area K=Soil Erodibility LS=Land slope and length C=degree of soil cover Supporting practices

55 Erosivity - R Measure of erosivity of climate at a location
Las Vegas, NV 8 Phoenix, AZ 22 Denver, CO 40 Syracuse, NY 80 Minneapolis, MN 110 Chicago, IL 140 Richmond, VA 200 St. Louis, MO 210 Tulsa, OK 260 Dallas, TX 275 Birmingham, AL 350 Charleston, SC 400 New Orleans, LA 700 Erosivity varies greatly by location. Climate is about 100 times more erosive in New Orleans than in Las Vegas.

56 SOIL ERODIBILITY - K Effect of texture
clay ( ) resistant to detachment sand ( ) easily detached, low runoff, large, dense particles not easily transported silt loam ( ) moderately detachable, moderate to high runoff silt ( ) easily detached, high runoff, small, easily transported sediment Values shown in parenthesis are typical K factors for those texture groups.

57 LS Factor – Length Slope
Describes Topography Overland flow slope length Slope lengths for eroding portions of hillslopes Steepness Hillslope shape These are the main variables that determine how topography affects erosion.

58 Slope Length for Eroding Portion of Slope
Only works for simple slopes Traditional definition Distance from origin of overland flow to concentrated flow or to where deposition begins Definition is flawed for strips and concave:convex slopes Best approach: Use overland flow slope length and examine RUSLE2 slope segment soil loss values This approach is the traditional way of applying erosion prediction for conservation planning. It is still a good method for simple situations. Sometimes determining where deposition begins is a problem on concave slopes. RUSLE2 determines that location. The location varies on a daily basis as conditions vary daily.

59 Detachment Proportional to Slope Steepness Factor (S)
Not affected by any other variable This figure shows the slope steepness factor relationship used in RUSLE2. Detachment is proportional to the slope steepness factor. It is not a function of anything in contrast to the slope length factor. However,in actuality the slope steepness is a function of the ratio of rill to interrill erosion but the science isn’t sufficient to develop a working relationship.

60 C & P Factors – Based on Land Use
C: Cover-management P: Supporting practices Two factor reflect the influence of land use in RUSLE2. These factors are for cover-management and supporting practices. Conservation practices are based on either cover-management and/or supporting practices. Referring to supporting practices as conservation practices is improper. No-till is a wonderful conservation practice that works entirely though cover-management effects.

61 Cover-Management Vegetative community Crop Crop rotation
Conservation tillage Application of surface and buried materials (mulch, manure) Increasing random roughness Cover-management is used in a variety of ways for erosion control and conservation practices.b

62 Supporting Practices Erosion control (called permeable barriers)
Silt fence, waddles, check dams Contouring Strip systems Buffer, filter, strip cropping, barriers Terrace/Diversion Impoundments Supporting practices are primarily related to practices that affect transport capacity of runoff.

63 Changing the Average Steepness and Length of Slope
Example Changing the Average Steepness and Length of Slope

64 Choosing the Location Example: Tulsa, OK

65 Choosing the Soil of the Site
Example: Silt Loam

66 Choosing the Management of the Surface
Example: the first 50 feet are blade cut

67 Choosing the Management of the Surface
Example: we added a silt fence at 50 feet, and added a barrier strip for the second 50’ of the area

68 Adding a Wattle Example: 6” Wattle In this screen you can also set the spacing, and number of wattles used

69 Estimate Sediment Removal
Soil Loss - Sediment Delivery Soil Loss Example: 39-2.5/39 = 94%

70 Questions, Comments, Discussion


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