Permitting Workshop 310 Permit AMFM Conference Fairmont Hot Springs Mar 15,2016 Karl Christians DNRC CDB

Background of the Natural Streambed and Land Preservation Act “310 permit” Conservation Districts History (1939) History of 310 (1975) Purpose Who Administers the program Who must apply Definition of a project Jurisdiction (covered by Dan) Navigating the Permitting Process Applicability Permitting Process

History of Conservation Districts Conservation Districts.. A little history. Early 1930s, the Dust Bowl.

On May 12, 1934, a major storm hit the plains, later to be described by Hugh Hammond Bennett (A soil conservationist) as a turning point in the battle to get public attention to the erosion problem. Congress unanimously passed Soil Conservation Act of April 27, 1935.

Caught on across the country with district-enabling legislation passed in every state. Montana passed the Montana Conservation District Law (Section , MCA) in Wibaux CD & Sheridan CD were the first CD’s formed in Montana on Jan 15, Today, there are 58 conservation districts in MT. CD’s become reality in Montana

The Key to Success of Conservation Districts: Three-fourths of the continental United States is privately owned, and 59% in Montana. Congress realized that only active, voluntary support from landowners would guarantee the success of conservation work on private land. CD’s operate under the direction of a Board of Supervisors Supervisors are elected yet are not paid. They volunteer countless hours away from their own businesses to share their knowledge, experience, passion and dedication to the protection of the natural resources in their area.

Questions on Conservation Districts in general?

History of the Natural Streambed and Land Preservation Act (310 Program) Implement the Natural Streambed and Land Preservation Act of 1975 Senate HB 310, 1975 Legislature Title 75, Chapter 7, MCA Rules 36, Chapter 2, ARM 310 Committee * Joint Permit (1990’s) (Used by all permitting agencies) * Montana Stream Permitting (Guide for CD supervisors) * Guide to Stream Permitting in Montana (Used by many)

Purpose of the 310 Law * To protect and preserve streams and rivers in their natural or existing state. * Minimize soil erosion and sedimentation. Who Administers the Law? * The Local Conservation District (CD) Board

CD Authority Intent -- policy. (2) It is the policy of the state of Montana that its natural rivers and streams and the lands and property immediately adjacent to them within the state are to be protected and preserved to be available in their natural or existing state and to prohibit unauthorized projects and, in so doing, to keep soil erosion and sedimentation to a minimum, except as may be necessary and appropriate after due consideration of all factors involved… Further, it is the policy of this state to recognize the needs of irrigation and agricultural use of the rivers and streams of the State of Montana and to protect the use of water for any useful or beneficial purpose as guaranteed by the Constitution of the State of Montana.

Definition of “Project”: “Any activity that results in a change in the state of a natural perennial-flowing stream or river, its bed, or its immediate banks.” This can also mean a project can be located on a drainage that is not perennial flowing that in the event of a storm event, could cause sediment or erosion in or on a perennial stream. Jurisdiction will be cover a bit later today.

WHO MUST APPLY? Any private, nongovernmental individual or entity that proposes to work in or near a stream. "Stream" means any natural perennial-flowing stream, or river, its bed, and immediate banks, and its channels and includes the entire stream from its mouth to its source even if portions go dry periodically. The term does not include a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under , MCA. "Natural perennial-flowing stream" means a stream, which in the absence of diversion, impoundment, appropriation, or extreme drought, flows continuously at all seasons of the year and during dry as well as wet years.

310 Committee: Model Rules Joint Permit (1990’s) (Used by all permitting agencies) Montana Stream Permitting (Guide for CD supervisors) Guide to Stream Permitting in Montana (Used by many)

Number of 310 permits processed in 2013

310 permits processed for… Year Total AG Total Forestry Total Mining Total Other Total All %5%3%56% %7%3%48% %5%3%56% %4%3%44% %6%4%44%1125

Navigating the Permitting Process

“Any activity that results in a change in the state of a natural perennial-flowing stream or river, its bed, or its immediate banks.” Law applies to: Perennial-flowing streams Flows all year May be dry due to extreme drought or use Immediate banks Above high water mark to a point where a project doesn’t physically alter a stream Located on a drainage that is not perennial flowing that in the event of a storm event, could cause sediment or erosion in or on a perennial stream. Definition of a Project:

Example of activities/projects that need a 310? Channel Changes/ Dredging Culverts Bridges Dams, Reservoirs, and Ponds New Diversions Stream Bank Protection Projects Fords Trenching in Pipelines Boat Ramps/Docks Other

PROCESS CD Receives Application Initially Reviews and Accepts or Not Two ways Time Frame Starts When Accepted Notify FWP Has 5 days to say if they want an inspection Though their participation is required, it is advisory only

PROCESS cont’d Supervisors to determine : The purpose of the project If the project is reasonable Law sets forth criteria to determine reasonableness Information gathered on application Sets up Team inspection Team member reports has checklists

FWP Landowner/ applicant CD Rep Team inspection Consists of three parties

Six Criteria Note: Do Not Design The Applicants Project 1. Effects of soil erosion and sedimentation: 2. Risk of flooding or erosion problems upstream or downstream: 3.Effects of stream channel alterations: 4. Effects of stream flow, turbidity, or water quality caused by materials used or by removal of ground cover: 5. Effects on fish and aquatic habitat: 6. Are there reasonable alternatives to reduce disturbance to stream or better accomplish the purpose of the Project?

Within 30 days, team members submit a report in writing to the supervisors Use forms Supervisors decide to approve, modify, or deny team’s recommendations Notify applicant within 60 days of acceptance of application PROCESS cont’d

15-day waiting period after supervisors decision (permit) CD, if all members agree, may waive waiting period A team member may ask for arbitration if the disagree with board’s decision PROCESS cont’d

The Review Process

Questions..?