Chapter 102 Revisions

11

Chapter 102 RevisionsChapter 102 Revisions

Jim FullerJim FullerEnvironmental Engineering SpecialistEnvironmental Engineering Specialist

PA Department of Environmental ProtectionPA Department of Environmental ProtectionBureau of Oil and Gas ManagementBureau of Oil and Gas Management

P.O. Box 8765P.O. Box 8765Harrisburg, PA 17105-8765Harrisburg, PA 17105-8765

[email protected]

mailto:[email protected]

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OverviewOverview102.1 Definitions102.1 Definitions102.4 E&S Control Requirements102.4 E&S Control Requirements102.5 Permit Requirements102.5 Permit Requirements102.6 Permit Applications and Fees102.6 Permit Applications and Fees102.7 Permit Termination102.7 Permit Termination102.8 PCSM Requirements 102.8 PCSM Requirements (New)(New)102.11 E&S Control and PCSM BMPs102.11 E&S Control and PCSM BMPs102.14 Riparian Buffer Requirements 102.14 Riparian Buffer Requirements (New)(New)102.22 Site Restoration102.22 Site Restoration

33

Section 102.1Section 102.1

DefinitionsDefinitions

44

Section 102.1 DefinitionsSection 102.1 Definitions

Previous Version of Regulations:Previous Version of Regulations:– Had 32 definitionsHad 32 definitions

Revised Version of Regulations:Revised Version of Regulations:– Deleted 3 definitionsDeleted 3 definitions– Modified 16 of the remaining 29 definitionsModified 16 of the remaining 29 definitions– Added 23 new definitionsAdded 23 new definitions– Results in 39 modified or new definitionsResults in 39 modified or new definitions

Total of 52 Definitions in revised Regs.Total of 52 Definitions in revised Regs.

55


E&S Control RequirementsE&S Control Requirements

66

E&S Control Plan PreparationE&S Control Plan Preparation

– The E&S Plan must be prepared by a The E&S Plan must be prepared by a person trained and experienced in E&S person trained and experienced in E&S control methods and techniques control methods and techniques applicable to the size and scope of the applicable to the size and scope of the project being designed.project being designed. (102.4(b)(3))(102.4(b)(3))

77

E&S Control Planning RequirementsE&S Control Planning Requirements

– Minimize the extent and duration of the earth Minimize the extent and duration of the earth disturbancedisturbance (102.4(b)(4)(i))(102.4(b)(4)(i))

– Maximize protection of existing drainage Maximize protection of existing drainage features and vegetationfeatures and vegetation (102.4(b)(4)(ii))(102.4(b)(4)(ii))

– Minimize soil compactionMinimize soil compaction (102.4(b)(4)(iii))(102.4(b)(4)(iii))

– Utilize controls that prevent or minimize the Utilize controls that prevent or minimize the generation of increased stormwater runoffgeneration of increased stormwater runoff (102.4(b)(4)(iv))(102.4(b)(4)(iv))

88

Five New E&S Control Plan Content Five New E&S Control Plan Content RequirementsRequirements

1)1) Maintenance program with weekly Maintenance program with weekly inspection plus inspection after each inspection plus inspection after each stormwater eventstormwater event including completion of a including completion of a written report documenting each inspection, written report documenting each inspection, repair, replacement or maintenance activityrepair, replacement or maintenance activity (102.4(b)(5)(x))(102.4(b)(5)(x))

99

Five New E&S Control Plan Content Five New E&S Control Plan Content Requirements (Cont.)Requirements (Cont.)

2)2) Identify geologic formations or soil Identify geologic formations or soil conditions that may cause pollution during conditions that may cause pollution during earth disturbance and identify BMPs to earth disturbance and identify BMPs to avoid or minimize pollution from these avoid or minimize pollution from these sourcessources (102.4(b)(5)(xii)) (102.4(b)(5)(xii))

1010


3)3) Identification of potential thermal impacts to Identification of potential thermal impacts to surface waters from earth disturbance surface waters from earth disturbance including BMPs to avoid, minimize or including BMPs to avoid, minimize or mitigate pollution from thermal impactsmitigate pollution from thermal impacts (102.4(b)(5)(xiii))(102.4(b)(5)(xiii))

1111


4)4) The E&S Plan must be planned, designed The E&S Plan must be planned, designed and implemented to be consistent with but and implemented to be consistent with but separate from the PCSM Planseparate from the PCSM Plan (102.4(b)(5)(xiv))(102.4(b)(5)(xiv))

1212


5)5) Provide identification of existing and Provide identification of existing and proposed riparian forest buffersproposed riparian forest buffers (102.4(b)(5)(xv))(102.4(b)(5)(xv))

1313

Special Protection Waters Special Protection Waters Antidegradation RequirementsAntidegradation Requirements

– Evaluate and include nondischarge Evaluate and include nondischarge alternatives in the E&S Planalternatives in the E&S Plan (102.4(b)(6)(i))(102.4(b)(6)(i))

– If non-discharge alternatives don’t exist, the If non-discharge alternatives don’t exist, the E&S Plan must include ABACTE&S Plan must include ABACT (102.4(b)(6)(ii))(102.4(b)(6)(ii))

– Non-discharge alternative and ABACT design Non-discharge alternative and ABACT design standards are listed in “E&S Pollution Control standards are listed in “E&S Pollution Control Program Manual”Program Manual” Ref. No. 363-2134-008Ref. No. 363-2134-008 (102.4(b)(6)(102.4(b)(6)(iii))(iii))

1414


Permit RequirementsPermit Requirements

1515

Post Construction Stormwater Post Construction Stormwater Management (PCSM) RequirementsManagement (PCSM) Requirements

– All NPDES and E&S permits must contain a All NPDES and E&S permits must contain a PCSM Plan unless provided for in other waysPCSM Plan unless provided for in other ways (102.5(a))(102.5(a))

1616

Preconstruction MeetingPreconstruction Meeting

– Meeting is required unless DEP or CD inform Meeting is required unless DEP or CD inform the permittee in writing that it is not requiredthe permittee in writing that it is not required

– Permittee will invite DEP or CD to meeting at Permittee will invite DEP or CD to meeting at least 7 days prior to meetingleast 7 days prior to meeting

– Attendees must include permittees, co-Attendees must include permittees, co-permittees, operators, and licensed permittees, operators, and licensed professionals or designees responsible for professionals or designees responsible for the critical stages of PCSM BMP installationthe critical stages of PCSM BMP installation (102.5(e))(102.5(e))

1717


Permit Application and FeesPermit Application and Fees

1818

Application Submittal RequirementsApplication Submittal Requirements

– Submit an E&S Plan meeting the Submit an E&S Plan meeting the requirements of 102.4 and a PCSM Plan requirements of 102.4 and a PCSM Plan meeting the requirements of 102.8meeting the requirements of 102.8 (102.6(a)(1))(102.6(a)(1))

1919

Complete Application/NOIComplete Application/NOI

– An Application/NOI is not complete until An Application/NOI is not complete until all necessary information is receivedall necessary information is received (102.6(c)(1))(102.6(c)(1))

– When the Department or Conservation District When the Department or Conservation District determines an Application or NOI is determines an Application or NOI is incomplete incomplete (102.6(c)(2))(102.6(c)(2))

Applicant has 60 days to complete applicationApplicant has 60 days to complete applicationIf no response in 60 days, application considered If no response in 60 days, application considered withdrawn and applicant notified in writingwithdrawn and applicant notified in writingApplicant can ask for extensionApplicant can ask for extension

– When application is withdrawn, associated When application is withdrawn, associated fees will not be refunded fees will not be refunded (102.6(c)(3))(102.6(c)(3))

2020

Permit FeesPermit Fees

– Administrative filing or “base” fee: Administrative filing or “base” fee: (102.6(b)(1))(102.6(b)(1))

General Permit Fee - $500General Permit Fee - $500Individual Permit Fee - $1500Individual Permit Fee - $1500

– Disturbed Acreage fee: Disturbed Acreage fee: (102.6(b)(1))(102.6(b)(1))

$100/Acre$100/Acre

– Fractional Acreage Fractional Acreage (102.6(b)(1))(102.6(b)(1))

To be rounded to the nearest whole numberTo be rounded to the nearest whole number

2121


Permit TerminationPermit Termination

2222

Responsibility for Long-term PCSM Responsibility for Long-term PCSM BMP O&M ComplianceBMP O&M Compliance

– Until the permittee or co-permittee has Until the permittee or co-permittee has received written approval of a Notice of received written approval of a Notice of Termination (NOT), the permittee or co-Termination (NOT), the permittee or co-permittee will remain responsible for permittee will remain responsible for compliance with the permit terms including compliance with the permit terms including long-term O&M of PCSM BMPs long-term O&M of PCSM BMPs (102.7(c))(102.7(c))

2323

Additional Notice of Termination (NOT) Additional Notice of Termination (NOT) RequirementRequirement

– Identification of the persons who have Identification of the persons who have agreed to be responsible for long-term agreed to be responsible for long-term operation and maintenance of the PCSM operation and maintenance of the PCSM BMPs in accordance with 102.8(m) BMPs in accordance with 102.8(m) (102.7(b)(5))(102.7(b)(5))

2424


PCSM RequirementsPCSM Requirements

2525

PCSM Plan ApplicabilityPCSM Plan Applicability

– Earth disturbance activities after November 19, Earth disturbance activities after November 19, 2010 require a written PCSM Plan2010 require a written PCSM Plan

– Permits issued before November 19, 2010 and Permits issued before November 19, 2010 and renewed prior January 1, 2013 are not required renewed prior January 1, 2013 are not required to comply with new PCSM requirementsto comply with new PCSM requirements

– After January 1, 2013 renewal of earth After January 1, 2013 renewal of earth disturbance permits issued before November disturbance permits issued before November 19, 2010 must comply with new PCSM 19, 2010 must comply with new PCSM requirementsrequirements

2626

PCSM Planning and DesignPCSM Planning and Design

– Preserve integrity of stream channels and Preserve integrity of stream channels and maintain and protect the physical, biological maintain and protect the physical, biological and chemical qualities of streams and chemical qualities of streams (102.8(b)(1))(102.8(b)(1))

– Prevent increases in the rate of runoff Prevent increases in the rate of runoff (102.8(b)(2))(102.8(b)(2))

– Minimize land clearing, grading, soil Minimize land clearing, grading, soil compaction, impervious areas and any compaction, impervious areas and any increase in runoff volume increase in runoff volume (102.8(b)(3,4,6,7))(102.8(b)(3,4,6,7))

– Maximize protection of existing drainage and Maximize protection of existing drainage and vegetation vegetation (102.8(b)(5))(102.8(b)(5))

2727

Consistency With E&S PlanConsistency With E&S Plan

– The PCSM Plan is to be planned, designed and The PCSM Plan is to be planned, designed and implemented to be consistent with the E&S Plan implemented to be consistent with the E&S Plan under 102.4(b)under 102.4(b)

2828

Separate From E&S PlanSeparate From E&S Plan

–Unless approved by the Department, the Unless approved by the Department, the PCSM Plan must be separate from the E&S PCSM Plan must be separate from the E&S Plan and be labeled accordingly in the final Plan and be labeled accordingly in the final plan for construction plan for construction (102.8(d))(102.8(d))

2929

PCSM Plan Preparer RequirementsPCSM Plan Preparer Requirements

– The PCSM Plan must be prepared by a The PCSM Plan must be prepared by a person trained and experienced in PCSM person trained and experienced in PCSM design methods and techniques applicable to design methods and techniques applicable to the size and scope of the project being the size and scope of the project being designed designed (102.8(e))(102.8(e))

3030

PCSM Plan ContentPCSM Plan Content

– Existing topographic features of the project Existing topographic features of the project site site (102.8(f)(1)) (102.8(f)(1))

– Types, depth, slope, location and limitation of Types, depth, slope, location and limitation of soils and geologic formations soils and geologic formations (102.8(f)(2))(102.8(f)(2))

– Past, present and proposed land Past, present and proposed land characteristics of the project site characteristics of the project site (102.8(f)(3))(102.8(f)(3))

– Determine net change in volume and rate of Determine net change in volume and rate of stormwater runoff from the site stormwater runoff from the site (102.8(f)(4))(102.8(f)(4))

3131

PCSM Plan Content (Cont.)PCSM Plan Content (Cont.)

– Identification, location and classification under Identification, location and classification under Chapter 93 of receiving waters Chapter 93 of receiving waters (102.8(f)(5))(102.8(f)(5))

– Written description, location and type of PCSM Written description, location and type of PCSM BMPs BMPs (102.8(f)(6))(102.8(f)(6))

– The sequence of PCSM installation in relation to The sequence of PCSM installation in relation to earth disturbance activities and inspection earth disturbance activities and inspection schedule schedule (102.8(f)(7))(102.8(f)(7))

– Supporting calculations Supporting calculations (102.8(f)(8))(102.8(f)(8))

3232


– Plan drawings Plan drawings (102.8(f)(9))(102.8(f)(9))

– A long-term operation and maintenance A long-term operation and maintenance schedule for the PCSM BMPs schedule for the PCSM BMPs (102.8(f)(10))(102.8(f)(10))

– Procedures for proper recycling and/or Procedures for proper recycling and/or disposal of waste materials from the project disposal of waste materials from the project site site (102.8(f)(11))(102.8(f)(11))

– Identification of geologic formations or soil Identification of geologic formations or soil conditions with potential to cause pollution conditions with potential to cause pollution after earth disturbance after earth disturbance (102.8(f)(12))(102.8(f)(12))

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– Identification of potential thermal impacts Identification of potential thermal impacts from earth disturbance activity and a plan to from earth disturbance activity and a plan to avoid such impacts avoid such impacts (102.8(f)(13))(102.8(f)(13))

– A riparian forest buffer management plan A riparian forest buffer management plan when required under Chapter 102.14 when required under Chapter 102.14 (102.8(f)(102.8(f)(14))(14))

– Additional information as required by the Additional information as required by the Department Department (102.8(f)(15))(102.8(f)(15))

3434

PCSM Plan Stormwater AnalysisPCSM Plan Stormwater Analysis

– Predevelopment site characterization and Predevelopment site characterization and assessment of soil and geology including: assessment of soil and geology including: (102.8(g)(102.8(g)(1))(1))

Infiltration studiesInfiltration studiesGeotechnical studiesGeotechnical studies Identification of test methods usedIdentification of test methods usedLocation of depth of the test sites Location of depth of the test sites

3535

PCSM Plan Stormwater Analysis PCSM Plan Stormwater Analysis (Cont.)(Cont.)

– Demonstrate the PCSM BMPs will meet Demonstrate the PCSM BMPs will meet volume reduction and water quality volume reduction and water quality requirements of an approved Act 167 Plan;requirements of an approved Act 167 Plan;

OrOr – Manage net runoff change up to and including Manage net runoff change up to and including

2-year/24-hour storm compared to 2-year/24-hour storm compared to preconstruction conditions preconstruction conditions (102.8(g)(2))(102.8(g)(2))

3636


– Demonstrate the PCSM BMPs will meet the Demonstrate the PCSM BMPs will meet the rate requirements of an approved Act 167 rate requirements of an approved Act 167 Plan;Plan;

OrOr – Manage the net change in peak rate for the 2-, Manage the net change in peak rate for the 2-,

10-, 50- and 100-year/24-hour storm not to 10-, 50- and 100-year/24-hour storm not to exceed preconstruction rates exceed preconstruction rates (102.8(g)(3))(102.8(g)(3))

3737


– Identification of methodologies for calculating Identification of methodologies for calculating total runoff and peak runoff rate with total runoff and peak runoff rate with supporting calculations supporting calculations (102.8(g)(4))(102.8(g)(4))

– Identification of construction techniques to Identification of construction techniques to address soil and geologic limitations address soil and geologic limitations (102.8(g)(5))(102.8(g)(5))

– Department may require additional information Department may require additional information necessary to adequately review the PCSM necessary to adequately review the PCSM Plan or may require additional PCSM BMPsPlan or may require additional PCSM BMPs (102.8(g)(6))(102.8(g)(6))

3838

PCSM Implementation for Special PCSM Implementation for Special Protection WatersProtection Waters

– Evaluate and include nondischarge Evaluate and include nondischarge alternatives in the PCSM Plan alternatives in the PCSM Plan (102.8(h)(1))(102.8(h)(1))

– If no nondischarge alternative available, the If no nondischarge alternative available, the PCSM Plan must include ABACT PCSM Plan must include ABACT (102.8(h)(2))(102.8(h)(2))

– Nondischarge alternatives and ABACT design Nondischarge alternatives and ABACT design standards are listed in “Pennsylvania standards are listed in “Pennsylvania Stormwater Best Management Practices Stormwater Best Management Practices Manual” Ref. No. 363-0300-002 Manual” Ref. No. 363-0300-002 (102.8(h)(3))(102.8(h)(3))

3939

Licensed Professional Oversight of Licensed Professional Oversight of Critical StagesCritical Stages

– A licensed professional or a designee shall be A licensed professional or a designee shall be on site and responsible during critical stages of on site and responsible during critical stages of implementation implementation (102.8(k))(102.8(k))

– Critical stages may include:Critical stages may include:Installation of underground treatmentInstallation of underground treatmentInstallation of storage BMPsInstallation of storage BMPsStructurally engineered BMPsStructurally engineered BMPsOther BMPs as deemed appropriate by the Other BMPs as deemed appropriate by the DepartmentDepartment

4040

Final Certification/Notice of Final Certification/Notice of Termination (NOT)Termination (NOT)

– The permittee shall include with the Notice of The permittee shall include with the Notice of Termination “Record Drawings” with a final Termination “Record Drawings” with a final certification statementcertification statement (102.8(l))(102.8(l))

– The Permittee shall retain a copy of the The Permittee shall retain a copy of the “Record Drawings” as part of the approved “Record Drawings” as part of the approved PCSM PlanPCSM Plan (102.8(l)(1))(102.8(l)(1))

– The Permittee will provide a copy of the The Permittee will provide a copy of the “Record Drawings” to the person(s) identified “Record Drawings” to the person(s) identified as responsible for the long-term operation and as responsible for the long-term operation and maintenance of the PCSM BMPsmaintenance of the PCSM BMPs (102.8(l)(2))(102.8(l)(2))

4141

PCSM BMP Long-Term Operation PCSM BMP Long-Term Operation Maintenance RequirementsMaintenance Requirements

– The Permittee or Co-permittee is responsible The Permittee or Co-permittee is responsible for the long-term O&M of the PCSM BMPs for the long-term O&M of the PCSM BMPs unless another person is identified as the unless another person is identified as the responsible entity in the Notice of Termination responsible entity in the Notice of Termination (102.8(m)(1))(102.8(m)(1))

– An instrument must be recorded with the An instrument must be recorded with the recorder of deeds that assures the obligation recorder of deeds that assures the obligation for long-term O&M of the PCSM BMPs remains for long-term O&M of the PCSM BMPs remains with the property with the property (102.8(m)(2))(102.8(m)(2))

4242

PCSM Long-Term Operation PCSM Long-Term Operation Maintenance Requirements (Cont.)Maintenance Requirements (Cont.)

– Responsibility for performing long-term O&M Responsibility for performing long-term O&M of the PCSM BMPs may be transferred by of the PCSM BMPs may be transferred by agreement to another entity agreement to another entity (102.8(m)(4))(102.8(m)(4))

– The Permittee and Co-permittee that fails to The Permittee and Co-permittee that fails to transfer long-term O&M of the PCSM BMPs transfer long-term O&M of the PCSM BMPs remain jointly responsible with the land owner remain jointly responsible with the land owner for the PCSM BMPs located on the propertyfor the PCSM BMPs located on the property (102.8(m)(5))(102.8(m)(5))

4343

Regulated Activities Requiring Site Regulated Activities Requiring Site Restoration or ReclamationRestoration or Reclamation

– Site restoration plans that identify PCSM Site restoration plans that identify PCSM BMPs to manage stormwater from oil and gas BMPs to manage stormwater from oil and gas activities in accordance with Chapter 78 may activities in accordance with Chapter 78 may be used to satisfy requirements of Subsectionbe used to satisfy requirements of Subsection

(102.8(n)) (102.8(n))

4444

Regulated Activities Requiring Site Regulated Activities Requiring Site Restoration or Reclamation (Cont.)Restoration or Reclamation (Cont.)

– The Restoration Plan must meet the requirements The Restoration Plan must meet the requirements of the following 102.8 Subsections: of the following 102.8 Subsections:

(b)(b) General PCSM Planning and Design General PCSM Planning and Design (c)(c) Consistency with E&S Plan Consistency with E&S Plan (e) (e) PCSM Plan Preparer RequirementsPCSM Plan Preparer Requirements(f) (f) PCSM Plan Contents PCSM Plan Contents (h) (h) PCSM Implementation for Special PCSM Implementation for Special Protection Protection Waters Waters (i) (i) Complaint or Site InspectionComplaint or Site Inspection(l) (l) Final Certification Final Certification (m)(m) PCSM Long-term O&M Requirements PCSM Long-term O&M Requirements

4545


E&S Control and PCSM E&S Control and PCSM BMPsBMPs

4646

E&S Control and PCSM BMPsE&S Control and PCSM BMPs

– BMP and Design Standards BMP and Design Standards (102.11(a))(102.11(a))

Design, implement and maintain E&S BMPs – Design, implement and maintain E&S BMPs – “Erosion and Sediment Pollution Control Program “Erosion and Sediment Pollution Control Program Manual” Manual” Ref. No. 363-2134-008Ref. No. 363-2134-008Develop, design, implement and maintain PCSM Develop, design, implement and maintain PCSM BMPs – “Pennsylvania Stormwater Best BMPs – “Pennsylvania Stormwater Best Management Practices Manual” Management Practices Manual” Ref No. 363-0300-Ref No. 363-0300-002002Develop riparian forest buffer – “Riparian Forest Develop riparian forest buffer – “Riparian Forest Buffer Guidance” Buffer Guidance” Ref. No. 395-5600-001Ref. No. 395-5600-001Develop, design, implement and maintain a PPC Develop, design, implement and maintain a PPC Plan – “Guidelines for the Development and Plan – “Guidelines for the Development and Implementation of Environmental Emergency Implementation of Environmental Emergency Response Plans” Response Plans” Ref. No. 400-2200-001Ref. No. 400-2200-001

4747

E&S Control and PCSM BMPs (Cont.)E&S Control and PCSM BMPs (Cont.)

– Alternate BMP Design Standards Alternate BMP Design Standards (102.11(b))(102.11(b))

Alternate design standards may be used when Alternate design standards may be used when demonstrated by the applicant that the alternate demonstrated by the applicant that the alternate BMP or design standard minimizes accelerated BMP or design standard minimizes accelerated erosion and sedimentationerosion and sedimentation

OrOr

Manages stormwater during and after the Manages stormwater during and after the completion of earth disturbance activities to completion of earth disturbance activities to achieve regulatory standardsachieve regulatory standards

4848


Riparian Buffer RequirementsRiparian Buffer Requirements

4949

General Requirements for Mandatory General Requirements for Mandatory Riparian BuffersRiparian Buffers

– Earth disturbance may not be conducted within Earth disturbance may not be conducted within 150 feet of special protection waters 150 feet of special protection waters (102.14(a))(102.14(a))

– When special protection waters are attaining When special protection waters are attaining their designated uses and the project site is their designated uses and the project site is within 150 feet of the special protection waterswithin 150 feet of the special protection waters

Any existing riparian buffer must be protectedAny existing riparian buffer must be protected (102.14(a)(1))(102.14(a)(1))

5050

General Requirements for Mandatory General Requirements for Mandatory Riparian Buffers (Cont.)Riparian Buffers (Cont.)

– When special protection waters are When special protection waters are notnot attaining attaining their designated uses and the project site is their designated uses and the project site is within 150 feet of the special protection waterswithin 150 feet of the special protection waters

Any existing riparian forest buffer must be protectedAny existing riparian forest buffer must be protected (102.14(a)(2)(i))(102.14(a)(2)(i))

Convert existing riparian buffer to riparian forest bufferConvert existing riparian buffer to riparian forest buffer (102.14(a)(2)(ii))(102.14(a)(2)(ii))

Establish a new riparian forest bufferEstablish a new riparian forest buffer (102.14(a)(2)(iii))(102.14(a)(2)(iii))

5151

Riparian Forest Buffer CriteriaRiparian Forest Buffer Criteria

– Composition:Composition: Predominantly native trees, shrubs Predominantly native trees, shrubs and forbs providing 60% uniform canopy and forbs providing 60% uniform canopy (102.14(b)(102.14(b)(1))(1))

– Average minimum widths:Average minimum widths: (102.14(b)(2))(102.14(b)(2))

Special protection waters, 150’ total, Zone 1 = 50’ Special protection waters, 150’ total, Zone 1 = 50’ Zone 2 = 100’Zone 2 = 100’Non special protection waters, 100’ total, Zone 1 = 50’ Non special protection waters, 100’ total, Zone 1 = 50’ Zone 2 = 50’Zone 2 = 50’

– Management requirements:Management requirements: (102.14(b)(3))(102.14(b)(3))

Riparian forest buffers must be managed in Riparian forest buffers must be managed in accordance with a Management Planaccordance with a Management Plan

5252

Riparian Forest Buffer Criteria (Cont.)Riparian Forest Buffer Criteria (Cont.)

– Management PlanManagement Plan Must be included in the Must be included in the PCSM Plan and include: PCSM Plan and include: (102.14(b)(4))(102.14(b)(4))

Planting Plan Planting Plan that identifies the number, density, that identifies the number, density, species and approximate location of trees and species and approximate location of trees and shrubs shrubs (102.14(b)(4)(i))(102.14(b)(4)(i))

Maintenance Schedule Maintenance Schedule to ensure survival and to ensure survival and growth of plantings and protection from competing growth of plantings and protection from competing plants and animals for a 5 year establishment plants and animals for a 5 year establishment period period (102.14(b)(4)(ii))(102.14(b)(4)(ii))

Inspection Schedule Inspection Schedule to ensure long-term to ensure long-term maintenance and functioning of the riparian forest maintenance and functioning of the riparian forest buffer buffer (102.14(b)(4)(iii))(102.14(b)(4)(iii))

5353

Mandatory Requirements for All Mandatory Requirements for All Riparian BuffersRiparian Buffers

– Management of flow into the riparian bufferManagement of flow into the riparian bufferTo ensure proper functioning of the buffer, water To ensure proper functioning of the buffer, water must enter as sheet flow or shallow concentrated must enter as sheet flow or shallow concentrated flow during storm events up to and including flow during storm events up to and including 2-year/24-hour storm 2-year/24-hour storm (102.14(c)(1))(102.14(c)(1))

– WetlandsWetlandsWetlands located in a riparian buffer must be Wetlands located in a riparian buffer must be protected consistent with Chapter 105 protected consistent with Chapter 105 (102.14(c)(2))(102.14(c)(2))

– MeasurementsMeasurementsBuffers must be measured horizontally and Buffers must be measured horizontally and perpendicularly from top of bank perpendicularly from top of bank (102.14(c)(3))(102.14(c)(3))

5454

ExceptionsExceptions

– General requirements for mandatory riparian General requirements for mandatory riparian buffers, Subsection 102.14(a), do not apply buffers, Subsection 102.14(a), do not apply with:with:

Project sites located greater than 150 feet from Project sites located greater than 150 feet from surface watersurface water (102.14(d)(1)(i))(102.14(d)(1)(i))

Activities involving less than 1 acre of earth Activities involving less than 1 acre of earth disturbance disturbance (102.14(d)(1)(ii))(102.14(d)(1)(ii))

Activities when permit coverage not required Activities when permit coverage not required 102.14(d)(1)102.14(d)(1)(iii))(iii))

Activities permitted prior to November 19, 2010 Activities permitted prior to November 19, 2010 102.14(d)102.14(d)(1)(iv))(1)(iv))

Road maintenance when existing buffer is Road maintenance when existing buffer is undisturbedundisturbed to the extent practical to the extent practical 102.14(d)(1)(v))102.14(d)(1)(v))

5555

Exceptions (Cont.)Exceptions (Cont.) Repair and maintenance of existing pipelines and Repair and maintenance of existing pipelines and utilities when existing buffer is undisturbed to the utilities when existing buffer is undisturbed to the extent practical extent practical (102.14(d)(1)(vi))(102.14(d)(1)(vi))

Oil and gas, timber harvesting, or mining activities Oil and gas, timber harvesting, or mining activities for which site restoration is part of the permit for which site restoration is part of the permit authorization in Chapter 78 and 86-98 as long as authorization in Chapter 78 and 86-98 as long as the existing buffer is undisturbed to the extent the existing buffer is undisturbed to the extent practical practical (102.14(d)(2)(vii))(102.14(d)(2)(vii))

Activities authorized by a Department permit Activities authorized by a Department permit under another Chapter which contain setback under another Chapter which contain setback requirements requirements (102.14(d)(2)(ix))(102.14(d)(2)(ix))

5656

WaiversWaivers – Wavers from requirements of Subsection Wavers from requirements of Subsection

102.14(a) and Subsection 102.14(b) may be 102.14(a) and Subsection 102.14(b) may be granted upon demonstration by the applicant granted upon demonstration by the applicant that reasonable alternatives for compliance that reasonable alternatives for compliance with this section are met when:with this section are met when:

The project is necessary to protect public health The project is necessary to protect public health and safety and safety (102.14(d)(2)(i))(102.14(d)(2)(i))

The project is linear including pipelines, roads, rail The project is linear including pipelines, roads, rail lines or utilities lines or utilities (102.14(d)(2)(ii))(102.14(d)(2)(ii))

Temporary projects are to be completely restored Temporary projects are to be completely restored (102.14(d)(2)(iv))(102.14(d)(2)(iv))

Projects for which compliance is not appropriate or Projects for which compliance is not appropriate or feasible due to site characteristicsfeasible due to site characteristics (102.14(d)(2)(vi)) (102.14(d)(2)(vi))

5757

Waivers (Cont.)Waivers (Cont.)

– Applicants desiring a waiver must submit a Applicants desiring a waiver must submit a written request to the Department or written request to the Department or Conservation District Conservation District (102.14(d)(3))(102.14(d)(3))

– Applicants may propose offsite protection, Applicants may propose offsite protection, conversion or establishment of riparian forest conversion or establishment of riparian forest buffers or provide compensation to fund buffers or provide compensation to fund riparian forest buffers riparian forest buffers (102.14(d)(4))(102.14(d)(4))

– Projects qualifying for exceptions under this Projects qualifying for exceptions under this Subsection must meet all other applicable Subsection must meet all other applicable requirements and laws requirements and laws (102.14(d)(5))(102.14(d)(5))

5858

Utilization of Riparian Forest BufferUtilization of Riparian Forest Buffer

– Antidegradation Presumption Antidegradation Presumption (102.14(e)(1))(102.14(e)(1))

Riparian forest buffers included in an E&S Plan or Riparian forest buffers included in an E&S Plan or PCSM Plan meeting the requirements of this PCSM Plan meeting the requirements of this Chapter will satisfy antidegradation requirementsChapter will satisfy antidegradation requirements

– Trading or Offsetting Credits Trading or Offsetting Credits (102.14(e)(2))(102.14(e)(2))

When a riparian forest buffer is above regulatory When a riparian forest buffer is above regulatory requirements, credits may be available for tradingrequirements, credits may be available for trading

– Voluntary Riparian Forest Buffers Voluntary Riparian Forest Buffers (102.14(e)(3))(102.14(e)(3))

New riparian forest buffers meeting requirements of New riparian forest buffers meeting requirements of this section may qualify for credit benefitsthis section may qualify for credit benefits

5959

Activities Activities NotNot Allowed Within a Riparian Allowed Within a Riparian BufferBuffer

– Any soil disturbance except as allowed below Any soil disturbance except as allowed below (102.14(f)(1)(i))(102.14(f)(1)(i))

– Drainage by any method Drainage by any method (102.14(f)(1)(ii))(102.14(f)(1)(ii))

– Maintaining animals for agriculture or Maintaining animals for agriculture or commercial purposes commercial purposes (102.14(f)(1)(iii))(102.14(f)(1)(iii))

– Storing or stockpiling materials Storing or stockpiling materials (102.14(f)(1)(iv))(102.14(f)(1)(iv))

– Off-road vehicular trafficOff-road vehicular traffic (102.14(f)(1)(v))(102.14(f)(1)(v))

6060

Activities Authorized Within a Riparian Activities Authorized Within a Riparian BufferBuffer

– Construction of roads, bridges, trails, storm Construction of roads, bridges, trails, storm drainage, utilities or other structures drainage, utilities or other structures (102.14(f)(2)(i))(102.14(f)(2)(i))

– Water obstructions or encroachments Water obstructions or encroachments (102.14(f)(2)(102.14(f)(2)(ii))(ii))

– Restoration projects Restoration projects (102.14(f)(2)(iii))(102.14(f)(2)(iii))

6161

Activities Allowed Within a Riparian Activities Allowed Within a Riparian BufferBuffer

– Activities used to maintain the riparian bufferActivities used to maintain the riparian buffer (102.14(f)(3)(i))(102.14(f)(3)(i))

– Timber harvesting in accordance with the Timber harvesting in accordance with the Management PlanManagement Plan (102.14(f)(3)(iI))(102.14(f)(3)(iI))

– Passive or low impact recreational activities that Passive or low impact recreational activities that do not affect buffer functioningdo not affect buffer functioning (102.14(f)(3)(iii))(102.14(f)(3)(iii))

– Emergency response or similar activitiesEmergency response or similar activities (102.14(f)(3)(102.14(f)(3)(iv))(iv))

– Research and data collection which include Research and data collection which include stream gauging or water sampling, etc.stream gauging or water sampling, etc. (102.14(f)(3)(v))(102.14(f)(3)(v))

6262

Permanent Protection of Riparian Permanent Protection of Riparian BuffersBuffers

– Riparian buffers must be protected in perpetuity Riparian buffers must be protected in perpetuity through access easements of some type to through access easements of some type to ensure long-term functioning and integrity of ensure long-term functioning and integrity of the riparian buffer the riparian buffer (102.14(g)(1))(102.14(g)(1))

– Riparian buffers must be identified and clearly Riparian buffers must be identified and clearly marked marked (102.14(g)(2))(102.14(g)(2))

6363

ReportingReporting

– Persons responsible for the protection of a Persons responsible for the protection of a riparian buffer must complete data forms riparian buffer must complete data forms provided by the Department and submit the provided by the Department and submit the forms to the Department or Conservation forms to the Department or Conservation District within 1 year of establishment or District within 1 year of establishment or protection protection (102.14(h))(102.14(h))

6464


Site StabilizationSite Stabilization

6565

Permanent StabilizationPermanent Stabilization

– Upon completion of earth disturbance or any Upon completion of earth disturbance or any stage or phase, the site shall immediately stage or phase, the site shall immediately have topsoil restored, amended, seeded and have topsoil restored, amended, seeded and mulched mulched (102.22(a))(102.22(a))

E&S BMPs shall be implemented and maintained E&S BMPs shall be implemented and maintained until the permanent stabilization is completed, any until the permanent stabilization is completed, any areas disturbed during removal of the temporary areas disturbed during removal of the temporary E&S BMPs shall be permanently stabilized E&S BMPs shall be permanently stabilized (102.22(a)(102.22(a)

(1))(1))

6666

Temporary StabilizationTemporary Stabilization

– Upon temporary cessation of earth Upon temporary cessation of earth disturbance activity or any stage or phase of disturbance activity or any stage or phase of earth disturbance that exceeds earth disturbance that exceeds 4 days4 days, the , the site shall be immediately seeded, mulched site shall be immediately seeded, mulched to protect from accelerated erosion to protect from accelerated erosion (102.22(b)(102.22(b)

(1))(1))

6767

Temporary StabilizationTemporary Stabilization

– Temporary stabilization is attained with one Temporary stabilization is attained with one of the following: of the following: (102.22(b)(2))(102.22(b)(2))

A minimum uniform coverage of mulch and seed A minimum uniform coverage of mulch and seed with a density capable of resisting accelerated with a density capable of resisting accelerated erosion and sedimentation erosion and sedimentation (102.22(b)(2)(i))(102.22(b)(2)(i)) An acceptable BMP that temporarily minimizes An acceptable BMP that temporarily minimizes accelerated erosion and sedimentation accelerated erosion and sedimentation (102.22(b)(2)(102.22(b)(2)

(ii))(ii))

6868

QuestionsQuestions

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Chapter 102 Revisions