State Waters and Stream Buffers Re-certification Training For Level IA Fundamentals Certified Personnel State Waters and Stream Buffers Issued May 2009

Overview What is a State Water? Who determines State Waters? Functions of State Water buffers Stream buffer requirements What if I need to do work within a State Waters buffer? Give overview of what will be covered in this 20 minute presentation

What is a State Water??? According to the GA E&SC Act of 1975, “State Waters” includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. This is the definition from the E&SC Act of 1975, as amended

Who determines State Waters? In areas where there is a certified local issuing authority, State Waters determinations are made by the issuing authority. In areas where there is not a certified issuing authority, GA EPD will confirm State Waters and buffer delineations as shown on ES&PC plans. Self explanatory

Normal Stream Flow Definition Intermittent headwater streams with base flow during any period of the year will retain the 25-foot buffer protection Base Flow: The rate of discharge of a stream where the only contribution is subsurface ES&PC plan preparers and determining governments determine existence of base flow, based upon site topography, soils, and vegetation Only true stormwater ditches are exempt from stream buffer requirements. This is a feature that flows only in DIRECT response to precipitation. Refer to the “Field Guide for Determining the Presence of State Waters that Require a Buffer” when it is issued by EPD.

Defined Channel Wrested Vegetation This feature has a well defined channel, a point of wrested vegetation, and an obvious base flow component. Therefore it is a State Waters and must retain the 25’ undisturbed buffer. Wrested Vegetation

State Waters Shown on Plans State Waters and buffers properly shown on plans

Stream Buffers Rules Measured horizontally from point where vegetation has been wrested by normal stream flow or wave action 25 Feet - Warm Water streams* 50 Feet - Trout (cold) streams* Self explanatory *Local issuing authorities may require additional buffers!

Self explanatory

Picture showing the 25’ buffer measured horizontally from the point of wrested vegetation.

Picture showing the 50’ buffer measured horizontally from the point of wrested vegetation.

Coastal Areas Buffers for saltwater marshes and tidally influenced streams are measured from the marsh jurisdictional line Determined by the Coastal Resources Division of the GA DNR, pursuant to the Coastal Marshland protection Act. Self explanatory

What if I need to work in the buffer? The minimum 25’ or 50’ (Trout Streams) undisturbed State Waters buffer shall be maintained, except where the Director of GA EPD determines to allow a variance that is at least as protective of natural resources and the environment. Variances may only be issued by GA EPD, not by local issuing authorities. Be sure to obtain all necessary Federal permits (U.S. EPA, U.S. Army Corps of Engineers) Variances into the State minimum buffer can only be issued by EPD and there are no verbal variances!

Activities exempt from stream buffer variance requirements: Piping of small trout streams (average annual flow < 25 gallons/minute) Water line, sewer line crossings within 25° of the perpendicular Drainage structures on warm water streams Roadway drainage structures on warm and trout water streams These activities are exempt from applying for a variance. Here are a couple of definitions: ‘Drainage structure’ is a device composed of virtually nonerodible material, such as concrete, steel plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management,… etc. if space allows. The structure that is placed in the buffer must meet this definition to be considered exempt. A drainage structure is not exempt unless it meets this definition. Any land disturbance associated with the drainage structure requires a variance. ‘Roadway drainage structure ‘is a device composed of virtually nonerodible material such as concrete, steel plastic or other such material (for example a bridge, culvert or ditch) that conveys water under a roadway…etc. if space allows. The structure that is placed in the buffer must meet this definition to be considered exempt. The exemption is for the roadway width only, not for buildable land.

Submitting for an GAEPD Stream Buffer Variance Stream buffer variance application and checklist of required information can be found at www.gaepd.org click on Documents Publications and Forms Watershed Protection Branch Erosion and Sedimentation Recommend consulting design professional for assistance with the variance process Contact Peggy Chambers, Michael Berry or Jean Shepherd at (404) 675-6240 with stream buffer questions. DNR Coastal Resources Division at (912) 264-7218 Here is the link for the variance application. It is highly recommended that professionals familiar with the variance application process be consulted for assistance.

Submitting for an GA EPD Stream Buffer Variance Within 60 days of receipt of a COMPLETE buffer variance application, the Division will either: Provide written comments to the applicant, or Propose to issue a variance Public notice required Just because a variance application has been submitted, it does not mean that the variance will be approved. The project may not proceed until the variance has been approved in writing by EPD.

Summary Buffers on state waters are valuable in protecting and conserving land and water resources. Some activities are exempt from stream buffer requirements i.e. drainage structures, sewer crossings, etc. All non-exempt activities within a state water buffer require a GAEPD stream buffer variance Summarize presentation

Examples

Location: Glascock County Date of Issue: July 05,2007 Cause of Order: Violations of Rules for Erosion and Sedimentation Control and General NPDES Permit for Storm Water Discharges Associated with Construction Activity/buffer encroachments   Requirement(s) of Order: Implement proper E&S controls of Erosion, Sedimentation and Pollution Control Plan, to prevent soils from reaching waters of the state; submit approvable Buffer Zone Rehabilitation Plan Settlement Amount:$40,000.00 

Location: Treutlen County Date of Issue: July 09,2007 Cause of Order: Violations of Rules for Erosion and Sedimentation Control and Water Quality Control/buffer encroachment   Requirement(s) of Order: Implement proper E&S controls of Erosion, Sedimentation and Pollution Control Plan, to prevent soils from reaching waters of the state; submit approvable Buffer Zone Rehabilitation Plan   Settlement Amount:$5,900.00 

Questions?