Bureau of Watershed Management Preliminary Regulatory Proposal Chapter 102 Erosion, Sediment and Stormwater Management December 19, 2007

Themes for Change Comprehensive requirements Complimentary E&S/PCSM requirements Reference water quality protection and permitting regulations Post-Construction Stormwater Management

Earth Disturbance Activities (other than agriculture) Maintain a minimum vegetated buffer or riparian forest buffer width of 100 feet in special protection waters and a minimum of 50 feet width in waters other than special protection between disturbed areas and top of bank of a watercourse, or natural or artificial lake, pond, or reservoir Develop criteria for management activities within buffer areas

Planning and Implementation ID special protection BMPs to protect and maintain the water from degradation in –special protection watersheds; or –where a TMDL has been developed for siltation Post Construction Stormwater Management (PCSM) –Manage post construction stormwater volume, rate, and water quality –ID PCSM Plans and Narrative Requirements –Maintain a minimum riparian forest buffer from top of bank along a watercourse, or natural or artificial pond, lake or reservoir

General Reference design manuals for BMP design, installation and maintenance Temporary stabilization standard and permanent stabilization standard ID Property rights and off-site discharges ID monitoring and inspection requirements Include Preparedness, Prevention and Contingency (PPC) Plan requirements

Permit Activities 1-5 Acres with a point source discharge 5 acres or more 25 acres timber harvesting or road maintenance activities 5 acres or more for oil and gas related earth disturbance activities Operation and maintenance of PCSM BMPs

IPs for Higher Risk Activities Proposed project areas with extensive earth disturbance (e.g. 50 acres or greater) Proposed project areas with high % impervious Proposed PCSM volume or rate increases Earth disturbance in sensitive areas such as headwater areas, steep slopes, geologic formations of concern, flood prone areas and wetlands

Permit Applications ID permit application requirements Plans prepared and sealed by a qualified licensed professional Revised permit fees ID public notice and public hearing requirements and responsibilities ID public access to information ID permit approval, denial, and duration

Permit Types Permit-by-Rule –PCSM –Emergency remediation or clean-up activities General Permit Individual Permits ID permit conditions ID new and amended permits ID re-issuance or renewal of permits ID transfer of permit obligations Verify completion and final plans Permit termination

Miscellaneous Qualified local programs Compliance & enforcement provisions Antidegradation ID water quality requirements ID Total Maximum Daily Loads

Timeline Draft Development – Current –Internal development –Advisory Committees – Current/March 2008 –EQB consideration of draft rule – Summer 2008 Public notice, comment, hearings Revisions, comment/response Final draft rule –Advisory Committees –EQB, IRRC, OGC