10/16/2015

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SPEAKERS:

All This for FISH????

Permitting Road Maintenance

Erik Martin, PE Maintenance and Traffic Engineer

Ann Weckback, Environmental Planner

Lewis County Public Works

• Uh, yes… yes you do!APWA | FALL 2015 CONFERENCE

PERMITS???

We don’ need no

Stinking Permits!

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How do I know what permits I need?

• Ask yourself these questions:– Will work occur in a “surface water”?

• If so, is it below the Ordinary High Water?

• And what is OHW? (Ordinary High Water)

– Am I working in or near a wetland?– Am I staging equipment or stockpiling off of the roadway?

• If so, will I impact the existing ground surface?

– Will my project involve excavation or fill?– Will my project impact an ESA species or critical habitat?

How do I know what permits I need?

• The good news is you have HELP! Talk to your project engineer or staff biologist and they will secure (or help you secure) the permits you need.

• Sorry, but you’ve got to talk to nerds.

“The most terrifying words in the English language

are: I'm from the government and I'm here to help.”

Ronald Reagan

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Surface Water and OHW

• What is a “surface water”?

– It has water in it now or it will at some point during the year.

– It has a defined bed and banks.

– River, creek, pond, lake, etc.

What is Ordinary High Water ?• The term "ordinary high water mark" means that

line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

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How do I

determine

OHW?I don’t always excavate

without a permit,

But when I do, I do it

above the OHW.

Why do I care about OHW?• Generally if you are working in an area that is below OHW of

a stream a permit will be needed.

• If work can be limited to the area above this line/mark a

permit may often be avoided.

• So, what if it can’t be avoided?

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HPA - Washington Department of Fish and Wildlife

• Any form of work that uses, diverts, obstructs, or changes the natural flow or bed of any fresh water or salt water of the State, requires a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW)

Wetlands

• What is a wetland?– RCW 36.70A.030 (21): – “Wetland” or “wetlands” means areas that are inundated or saturated by

surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

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Wetlands

• Wetlands need to be identified and delineated by a trained

biologist.

• Do not assume something is or is not a wetland until you get an expert opinion.

• The biologist says it’s a wetland, now what?

– USACE

– DOE

NOT THIS DOE

Wetlands – USACE

• US Army Corps of Engineers– Any discharge of dredged or fill material into a water

of the United States, including wetlands, requires a Section 404 permit under the Clean Water Act (CWA).

– A “Water of the US” is a stream, wetland, or any other body of water as defined under 33 CFR Part 328.

– Essentially any water that has an ordinary high water (OHW) mark or has either flow or standing water present 3 months of the year.

– Any work in, over, or under navigable waters of the United States requires a Section 10 permit.

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Wetlands – USACE

• US Army Corps of Engineers

– As the USACE is a federal entity if it is

determined that a permit is needed from them

consultations must occur with the:

– Washington State Department of Archaeology

and Historic Preservation (DAHP);

– National Marine Fisheries Service (NMFS); and

– United States Fish and Wildlife Service

(USFWS)

Wetlands – Department of Ecology

• DOE “Permits”– The EPA has delegated the Washington State

Department of Ecology (DOE) the responsibility for approving CWA Section 401 Water Quality Certifications. All projects needing a Section 404 Permit from the USACE need to obtain certification under Section 401.

– Ecology has the authority to regulate wetlands under the State Water Pollution Control Act (WPCA) (Chapter 90.48 RCW). The WPCA gives Ecology “jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington.”

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Others things to consider???

Department of Natural Resources

• Activities taking place on state-owned aquatic lands

may require a lease agreement with the Washington

State Department of Natural Resources.

Staging Areas Outside of the Roadway Surface / Project Limits

– Projects with a federal nexus trigger consultation with the DAHP and affected tribes under Section 106 of the National Historic Preservation Act of 1966 (NHPA).

– Project with state funds trigger consultation under EO 0505.

– The first step in this consultation process is the development of an Area of Potential Effect (APE) or Area of Potential Impact (API).

– The APE/API is the horizontal and vertical limits of which a project action has the potential to directly or indirectly cause changes to the character or use of historic properties.

DAHP – Washington State Department of Archeology and Historic Preservation

RESPECT THE APE!

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– If it is determined that archaeological or historic properties are likely to be found

within or near the APE the DAHP may request a Cultural Resources Survey be

performed or that archaeological monitoring occurs during project construction.

– If it is determined that no cultural resources are likely to be affected and no

monitoring is needed Lewis County’s inadvertent/unanticipated discoveries plan

must still be followed. This plan should be followed on all projects whether or not a

federal nexus exists.

DAHP

– Recognize Cultural Resources

– A cultural resource discovery could be prehistoric or historic and consist of:

• areas of charcoal or charcoal - stained soil with artifacts,

• stone tools or waste flakes (i.e. an arrowhead, or stone chips),

• bones, burned rocks, accumulation of shells or other food related materials in association with stone tools or flakes,

• a cluster of tin cans or bottles, logging or agricultural equipment older than 50 years,

• or buried railroad tracks, decking, or other industrial materials.

– If any Lewis County employee believes that he or she has uncovered any cultural resource at any point in the project, all work adjacent to the discovery, within a minimum 30 foot area, shall cease to provide for the protection and integrity of the resource and the Environmental Planner shall be contacted immediately.

Inadvertent DiscoveryDAHP

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Prehistoric Cultural Resources

Shell Midden

Clovis Points and Lithic Scatter

Rock Hearth

Salmon Packer Pestle

Historic Cultural Resources

Corduary Road

Bottle dump

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Unanticipated Discovery of Human RemainsDuring this construction project, if any employee or any of the contractors or subcontractors believes that he or she has made an unanticipated discovery of human skeletal remains, all excavation adjacent to the discovery shall cease.

• If human remains are encountered, treat them with dignity and respect at all times. Cover the remains with a tarp or other materials (not soil or rocks) for temporary protection and to shield them from being photographed. Do not call 911 or speak with the media.

• A 100-foot work stoppage area will be maintained around the discovery to provide for the total security, protection, and integrity of the human skeletal remains, in accordance with Washington State Law.

• Contact the Environmental Planner, Supervisor, or other responsible member or your organization immediately.

Tree Burial

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Other Permits – Department of Ecology

• NPDES

– Ecology requires any construction activity

that disturbs one or more acres of earth and

may result in a discharge of stormwater to

surface waters of the state, including storm

drains, ditches, wetlands, creeks, rivers, or

lakes, to obtain permit coverage under the

National Pollutant Discharge Elimination

System (NPDES) Construction Stormwater

General Permit.

You’re doing it wrong….

LOCAL PERMITS

• SEPA – State Environmental Policy Act

• Fill and Grade or Grading Permit– Shorelines

– Floodplains

• Building Permits (Structures)

• Burn Permits

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Local Permits• A SEPA decision is generally triggered when

– An activity requires the purchase of new ROW;

– More than 500 cy of fill or excavation occurs as part of a project ; or

– It is determined a maintenance/construction project will either expand the footprint of a structure in lands covered by water or perform dredging (excavation ) in lands covered by water

Leudinghaus

Bridge

Lewis County Community Development

• If more than 50 cy of fill or excavation will occur as part of a project a grading permit may be required.

• If development or expansion of a structure will occur within the designated shoreline a shoreline permit may be required.

• If a project will require development in a mapped 100-year floodplain a floodplain permit may be required.

• If a critical area is affected by project activities a critical areas review may be required – Critical Areas include wetlands, fisheries habitat, wildlife habitat, floodplain

areas, erosion and landslide hazard areas, and aquifer recharge areas

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National Marine Fisheries Service and US Fish and Wildlife ServiceSection 9 of the Endangered Species Act (ESA) prohibits “take” of endangered species.

• A “take” action makes it illegal to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, import, export, sell, and/or transport any listed threatened or endangered species.

– Maintenance activities may result in “take” through habitat degradation such as increases in sediment/turbidity, discharge of chemical pollutants, or change in access.

ESA NMFS Federal Listings in Lewis County

Southern DPS of the Pacific EulachonColumbia River

ESU of Chum Salmon

Lower Columbia River ESU

of Chinook Salmon

Lower Columbia River

ESU of Coho Salmon

Lower Columbia River

DPS of Steelhead Trout

Male

Female

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ESA USFWS Federal Listings in Lewis County

Kincaid’s Lupine

Gray Wolf

Northern Spotted Owl

Nelson’s Checkermallow Grizzly Bear

Marbeled Murrelet

Canada LynxCanada Lynx

NMFS and USFWS • The NMFS has jurisdiction over most marine

and anadromous fish listed under the ESA.• Marine fish spend their entire life in salt water.

Anadromous fish are born in fresh water, migrate to the ocean to grow into adults, and then return to fresh water to spawn.

– The USFWS has jurisdiction over birds, terrestrial animals, plants, amphibians, and most freshwater fish.

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What is 4(d)?

The NMFS 4(d) Rule for salmon and steelhead includes a

“take limit” for approved road maintenance programs.

• The Services have identified habitat degradation in

both freshwater and estuarine/near-shore marine

environments as a major factor in the decline of

salmonids.

• NMFS determined that when properly modified and

implemented road maintenance practices can

contribute to the conservation of listed species and the

ecosystem upon which they depend by protecting or

restoring habitat.

• As such NMFS has granted approval for take limit

under Limit 10 of the 4(d) Rule for those agencies

implementing the Regional Road Maintenance ESA

Program Guidelines.

What is the Regional Road Maintenance ESA Program?

• The RRMP Guidelines were developed in 1999 after chinook

salmon were listed as “threatened” under the ESA.

• The purpose of the RRMP Guidelines is to provide a

consistent, Regional Program that can be used by any

approved agency wishing to limit, reduce, or eliminate the

prohibition on take of threatened species.

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Regional Road Maintenance ESA Program

Repair and maintenance include activities that:a) Are conducted on currently serviceable structures, facilities, and

equipment; and

b) Involve no expansion of or change in use of such structures, facilities, and equipment; beyond those that existed previously; and

c) do not result in significant negative hydrological impacts.

Repair and maintenance also include replacing existing structures with different types of structures, PROVIDED THAT replacement is required to meet current engineering standards or for environmental permitting.

The 15 RRMP Maintenance Categories

1. Roadway Surface

2. Enclosed Drainage Systems

3. Cleaning Enclosed Drainage Systems

4. Open Drainage Systems

5. Watercourses and Streams

6. Stream Crossings

7. Gravel Shoulders

8. Street Surface Cleaning

9. Bridge Maintenance

10. Snow and Ice Control

11. Emergency Slide/Washout Repair

12. Concrete

13. Sewer Systems

14. Water Systems

15. Vegetation

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Key ConceptsThe RRMP seeks the following outcomes for maintenance activities:

• MINIMIZE - erosion/sedimentation

• CONTAIN – pollutants

• MAXIMIZE habitat improvement

All of the aforementioned are achieved through the implementation of best management practices (BMPs).

How do I know what BMPs I should use when?

Follow the BMP Outcome Category Matrix to decide

what BMPs will provide the desired outcomes.

Choose one or more

Outcome Categories

Select one or more BMPs

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Eight Outcome Categories� Keep Water From the Work Area

� Reduce Potential for Soil Erosion

� Filter/Perimeter Protection

� Settling

� Reduce Water Velocity/Erosive Forces

� Containment

� Habitat Protection Maintenance

� Reduce Potential for Contaminants Falling Into Water

Outcome Category: Keep Water from Work Area

• Typical BMPs– Water Bladders– Cofferdam– Dewatering– Plastic Covering– Sandbag– Stream Bypass– Vactoring

• Alternate BMPs– Diversion Berm– Diversion Channel

• Purpose: Reduce erosion by keeping water away from disturbed area or work area.

Diversion Channel

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Outcome Category: Reduce Potential for Soil Erosion

• Typical BMPs– Construction Access Road– Ditch Lining– Dust Control– Filter Fabric– Grass Lined Channel– Hand/Hydroseeding– Mulching– Plastic Covering

• Alternate BMPs– Back of Slope Planting– Live Staking

• Purpose: Reduce erosion by holding soil in place against

the forces of wind or water

Live Staking

Outcome Category: Filter/Perimeter Protection

• Typical BMPs– Coir log

– Filter Fabric

– Silt Fence/Mat

– Straw Bale Barrier

– Washed Rock

• Alternate BMPs– Continuous Berm

– Curb Inlet Sediment Trap

– Excelsior Filled Log

– Gravel Filled Sump

– Inlet Protection

– Straw Log

• Purpose: Separate soils from water by “filtering” through fabric,

vegetation, or other medium.

Continuous Berm Machine

Continuous Berm

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Outcome Category: Settling

• Typical BMPs

– Coir log

– Filter Fabric

– Rock Check Dam (Water Bars)

– Sandbag

– Sediment Sump

– Silt Fence/Mat

– Straw Bale Barrier

– Turbidity Curtain

• Alternate BMPs

– Continuous Berm

– Curb Inlet Sediment Trap

– Excelsior Filled Log

– Siltation Pond /Settling Tank

– Pop Up Berm

– Straw Log

– Temporary Sediment Trap

– Triangular Silt Dike

• Purpose: Cause sediment particles to drop out of suspension by

decreasing water velocity.

Triangular Silt Dike

Pop Up Berm

• Typical BMPs

– Back of Slope Planting

– Ditch Lining

– Grass Lined Channel

– Hand/Hydroseeding

– Large Woody Material

– Mulching

– Riprap

– Rock Check Dam

– Sandbags

– Silt Fence/Mat

– Straw Bale Barrier

– Surface Roughening

– Turbidity Curtain

• Alternate BMPs

– Coir Fabric/Coir Log

– Continuous Berm

– Excelsior Filled Log

– Live Staking

– Straw Log

– Triangular Silt Dike

– Vegetative Buffer

• Purpose: Decreasing water velocity to limit the amount of “work” it can do.

Turbidity Curtain

Outcome Category: Reduce Velocity/Erosive Forces

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Outcome Category: Containment

• Typical BMPs

– Concrete Containment

– Vactoring

•

• Purpose: Retain water and soil particles/contaminants

on worksite.

Concrete Containment

Outcome Category: Habitat Protection Maintenance

• Typical BMPs

– Hand/Hydroseeding

– Large Woody Material

– Streambed Gravel

• Alternate BMPs

– Coir Fabric/Coir Log

– Excelsior Filled Log

– Live Staking

• Purpose: Maintain or protect habitat by providing various features that

create or support habitat.

Streambed Gravel

Large Woody Material

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Outcome Category:

Reduce Potential for Pollutants Falling into H2O

• Typical BMPs

– Diaper Netting

– Plywood Work Platform

• Purpose: Keep worksite contaminants isolated from the environment.

Diaper Netting

ESA compliance is judged on …

• How well Conservation outcomes are achieved

• Not how many BMPs are installed

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In the Event of a Spill1. STOP the LEAK.2. Notify on-site personnel3. SHUT OFF Ignition Sources4. IDENTIFY the Spilled material(s) and

estimate the quantity of material(s) spilled

5. CONTAIN the Spill and Limit Its Spread6. ASSESS the Threat to Human Health of

the Environment and the Potential for Reaching “Waters of the State”

7. NOTIFY Environmental8. Clean-up

Permits!

Get some!