1. APPLICATIONS OF WATER QUALITY REGULATIONS Module 22, part c – Applications

2. Developed by: Desotelle Updated: U6-m22c-s2 Objectives Students will be able to:  evaluate examples of land alternations to determine necessary permits based on current regulations.  describe the major aspects of the Storm Water Pollution Prevention Plan.  Evaluate measures used for development on wetland areas.  describe the roles of the Army Corps of Engineers and the EPA in managing Section 404.  define source water.  describe methods used to assess source water.

3. Developed by: Desotelle Updated: U6-m22c-s3 Applications of water quality regulations  Construction site  NPDES (section 402) Program (regulation)  Wetland alteration  Sections 401 and 404 (regulation)  Source Water Assessment  State revolving loan program (incentive) MN Erosion Control Assoc. Desotelle Consulting PLC Desotelle Consulting Plc

4. Developed by: Desotelle Updated: U6-m22c-s4 Construction site  A construction contractor has just won a bid to build 16 homes on a 160-acre parcel.  Under the Clean Water Act, what permit(s) do you need? CR Planning, Inc.

5. Developed by: Desotelle Updated: U6-m22c-s5 NPDES Construction General Permit (CGP)  Does your construction project disturb one or more acres of land?  If yes, you will need to submit an application called a Notice of Intent (NOI).

6. Developed by: Desotelle Updated: U6-m22c-s6 Stormwater Pollution Prevent Plan (SWPPP)  You are required to develop and implement a SWPPP and maintain all best management practices (BMPs) during each stage of the project.  BMPs are the techniques (buffers, silt fences, detention ponds, swales, etc.), schedules of activities, prohibitions of practices, and maintenance procedures to prevent or reduce the discharge of pollutants.

7. Developed by: Desotelle Updated: U6-m22c-s7 SWPPP components 1. Minimize area to be disturbed 2. Protect waterways and stabilize drainageways 3. Phase construction activities 4. Stabilize exposed soils immediately 5. Avoid steep slopes MN Erosion Control Assoc.

8. Developed by: Desotelle Updated: U6-m22c-s8 Basic SWPPP principles  Divert stormwater away from disturbed areas.  Install BMPs to  control erosion and sediment  manage stormwater  Inspect the site regularly  Revise the SWPPP as conditions change  Minimize exposure of bare soils  Keep the construction site clean MN Erosion Control Assoc.

9. Developed by: Desotelle Updated: U6-m22c-s9 Follow SWPPP until project complete  Inspect and maintain BMPs regularly.  Keep records of your maintenance activities and any modifications for review during inspection.  File an electronic Notice of Termination when project is complete. MN Erosion Control Assoc.

10. Developed by: Desotelle Updated: U6-m22c-s10 Doing it right vs doing it wrong! MN Erosion Control Assoc.

11. Developed by: Desotelle Updated: U6-m22c-s11 Doing it right vs doing it wrong! MN Erosion Control Assoc.

12. Developed by: Desotelle Updated: U6-m22c-s12 Write a NOI for the site  Fill out a NOI by creating a scenario based on this diagram.  Notice the detail needed, and this does not include writing a SWPPP. CR Planning, Inc.

13. Developed by: Desotelle Updated: U6-m22c-s13 NOI Form

14. Developed by: Desotelle Updated: U6-m22c-s14 Site to be developed Site with wetlands delineated Wetland alteration Desotelle Consulting Plc

15. Developed by: Desotelle Updated: U6-m22c-s15 Corps of engineers jurisdiction

16. Developed by: Desotelle Updated: U6-m22c-s16 Avoidance  Avoid adverse impacts  Are there practicable alternatives?  Avoiding wetlands may limit number of lots or the lot size Desotelle Consulting Plc

17. Developed by: Desotelle Updated: U6-m22c-s17 Minimization  If impacts cannot be avoided, appropriate and practicable steps to minimize adverse impacts must be taken.  How can you minimized impacts? Desotelle Consulting Plc

18. Developed by: Desotelle Updated: U6-m22c-s18 Desotelle Consulting Plc  Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain.  How much area is impacted?  Develop restoration plan for areas filled.  mitigation Area  fill locations Compensation

19. Developed by: Desotelle Updated: U6-m22c-s19 Section 404 permit authority  Army Corps of Engineers  administers the day-to-day program, including individual permit decisions and jurisdictional determinations.  develops policy and guidance.  enforces Section 404 provisions.  Environmental Protection Agency  develops and interprets environmental criteria used in evaluating permit applications.  determines scope of geographic jurisdiction.  approves and oversees State administered programs.  identifies activities that are exempt.  reviews/comments on individual permit applications.  has authority to veto the Corps' permit decisions (Section 404[c]).  can elevate specific cases (Section 404[q]).  enforces Section 404 provisions.

20. Developed by: Desotelle Updated: U6-m22c-s20 What about section 401?  Does water quality certification (section 401) add another layer of bureaucracy or cause delays?  It shouldn't.  Allows states to take a more active role in wetland decisions. Courtesy of Dane County, WI

21. Developed by: Desotelle Updated: U6-m22c-s21 Source Water Assessment Well distance to potential source from the MN Well Code.

22. Developed by: Desotelle Updated: U6-m22c-s22 What is source water?  Untreated water from streams, rivers, lakes, or underground aquifers which is used to supply private wells and public drinking water.  Preventing drinking water contamination at the source makes good public health, economic, and environmental sense. http://www.epa.gov/safewater/protect/pdfs/swppocket.pdf

23. Developed by: Desotelle Updated: U6-m22c-s23 What regulation helps protect drinking water in your community? Pumping water from a well draws the water table down and can pull in contaminants from the well’s area of influence.

24. Developed by: Desotelle Updated: U6-m22c-s24 Safe Drinking Water Act  Focus on source water protection - 1996 Safe Drinking Water Act Amendments  Source Water Assessment Programs (SWAPs) assess areas serving as sources of drinking water  identifies potential threats  initiates protection efforts http://www.health.state.mn.us/divs/eh/water/swp/

25. Developed by: Desotelle Updated: U6-m22c-s25 Safe Drinking Water State Revolving Fund  For source water assessments and protection measures  For a mixture of source water related local assistance activities

26. Developed by: Desotelle Updated: U6-m22c-s26 What is in a source water assessment? 1. Delineate the source water assessment area 2. Conduct an inventory of potential sources of contamination 3. Determine the susceptibility of the water supply to those contamination sources 4. Release the results to the public

27. Developed by: Desotelle Updated: U6-m22c-s27 References  EPA Wetlands http://www.epa.gov/owow/wetlands  U.S. Army Corps of Engineers – Section 404 permit application. http://www.spk.usace.army.mil/pub/outgoing/co /reg/ENG4345.pdf  EPS Source Water Assessments http://www.epa.gov/safewater/protect/factsh4.h tml