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Buffers and Special Water Quality Protections Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water.

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Presentation on theme: "Buffers and Special Water Quality Protections Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water."— 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  Special Water Quality Protections  Outstanding Resource Waters (ORWs)  Aquatic Resources of Concern (ARCs)  Endangered/Threatened Species  Impaired Waters  Buffer Requirements Outline

3 Special Water Quality Protections

4  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 Outstanding Resource Water/Aquatic Resource of Concern

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6  Aquatic Resources of Concern (ARCs)  Includes sections of the following: 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

7  Aquatic Resources of Concern (ARCs)  Counties with no stormwater discharge-sensitive endangered/threatened species: 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

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9  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 Outstanding Resource Water/Aquatic Resource of Concern

10  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 Outstanding Resource Water/Aquatic Resource of Concern

11  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 Outstanding Resource Water/Aquatic Resource of Concern

12  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 Outstanding Resource Water/Aquatic Resource of Concern

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

14  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. Endangered/Threatened Species

15  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 Endangered/Threatened Species

16  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 Endangered/Threatened Species

17  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 Endangered/Threatened Species

18  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 Endangered/Threatened Species

19  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 Impaired Waters

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

21  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 Impaired Waters

22  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 Impaired Waters

23  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 Impaired Waters

24 Buffer Requirements

25  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 Buffer Requirements

26  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. Buffer Requirements

27  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 Buffer Requirements

28  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 Buffer Requirements

29  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) Buffer Requirements

30  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 Buffer Requirements

31  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  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 Buffer Requirements

37  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 Buffer Requirements

38  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 Buffer Requirements

39  Example:  I am developing a commercial site in Oklahoma City.  How do I know if I need to have a buffer? 1.Take a look at how close the site is to the nearest surface water Buffer Requirements

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41  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 Buffer Requirements

42  So I know I need to provide a 50 ft buffer. What’s next? 1.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 Buffer Requirements

43  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 Buffer Requirements

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45  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% Buffer Requirements

46  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 Buffer Requirements

47  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 Buffer Requirements

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49  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% Buffer Requirements

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

52 Alternative Calculation Methods

53  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 Las Vegas, NV8 Phoenix, AZ22 Denver, CO40 Syracuse, NY80 Minneapolis, MN110 Chicago, IL140 Measure of erosivity of climate at a location Richmond, VA200 St. Louis, MO210 Tulsa, OK260 Dallas, TX275 Birmingham, AL350 Charleston, SC400 New Orleans, LA700

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

57 LS Factor – Length Slope  Describes Topography  Overland flow slope length  Slope lengths for eroding portions of hillslopes  Steepness  Hillslope shape

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

59 Detachment Proportional to Slope Steepness Factor (S) Not affected by any other variable

60 C & P Factors – Based on Land Use  C: Cover-management  P: Supporting practices

61 Cover-Management  Vegetative community  Crop  Crop rotation  Conservation tillage  Application of surface and buried materials (mulch, manure)  Increasing random roughness

62 Supporting Practices  Erosion control (called permeable barriers)  Silt fence, waddles, check dams  Contouring  Strip systems  Buffer, filter, strip cropping, barriers  Terrace/Diversion  Impoundments

63 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 = 94%

70 Questions, Comments, Discussion


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