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State Waters and Stream Buffers

Re-certification Training

For Level IA Fundamentals Certified Personnel

Issued May 2009

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Overview

• What is a State Water?

• Who determines State Waters?

• Functions of State Water buffers

• Stream buffer requirements

• What if I need to do work within a State Waters buffer?

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What is a State Water???

• According to the GA E&SC Act of 1975, “State Waters” includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

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Who determines State Waters?

• In areas where there is a certified local issuing authority, State Waters determinations are made by the issuing authority.

• In areas where there is not a certified issuing authority, GA EPD will confirm State Waters and buffer delineations as shown on ES&PC plans.

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Normal Stream Flow Definition

• Intermittent headwater streams with base flow during any period of the year will retain the 25-foot buffer protectionBase Flow: The rate of discharge of a

stream where the only contribution is subsurface

• ES&PC plan preparers and determining governments determine existence of base flow, based upon site topography, soils, and vegetation

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Defined Channel

Wrested Vegetation

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State Waters Shown on Plans

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Stream Buffers Rules

• Measured horizontally from point where vegetation has been wrestedwrested by normal stream flow or wave action

• 25 Feet25 Feet - Warm Water streams*

• 50 Feet50 Feet - Trout (cold) streams*

*Local issuing authorities may

require additional buffers!

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Trout Stream• Primary Trout Waters – streams supporting a self-

sustaining population of rainbow, brown, or brook trout as indicated in the Rules and Regulations for Water Quality Control, Chapter 391-3-6.

• Secondary Trout Waters- streams with no evidence of natural trout reproduction but capable of supporting trout throughout the year as indicated in the Rules and Regulations for Water Quality Control, Chapter 391-3-6.

NPDES Permits under Definitions

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Coastal Areas• Buffers for saltwater

marshes and tidally influenced streams are measured from the marsh jurisdictional line

• Determined by the Coastal Resources Division of the GA DNR, pursuant to the Coastal Marshland protection Act.

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What if I need to work in the buffer?• The minimum 25’ or 50’ (Trout Streams)

undisturbed State Waters buffer shall be maintained, except where the Director of GA EPD determines to allow a variance that is at least as protective of natural resources and the environment.

• Variances may only be issued by GA EPD, not by local issuing authorities.

• Be sure to obtain all necessary Federal permits (U.S. EPA, U.S. Army Corps of Engineers)

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Activities exempt from stream buffer variance requirements:

• Piping of small trout streams (average annual flow < 25 gallons/minute)

• Water line, sewer line crossings within 25° of the perpendicular

• Drainage structures on warm water streams

• Roadway drainage structures on warm and trout water streams

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Submitting for an GAEPD Stream Buffer Variance

• Stream buffer variance application and checklist of required information can be found at www.gaepd.org click on Documents Publications and Forms Watershed Protection Branch Erosion and Sedimentation

• Recommend consulting design professional for assistance with the variance process

• Contact Peggy Chambers, Michael Berry or Jean Shepherd at (404) 675-6240 with stream buffer questions.

• DNR Coastal Resources Division at (912) 264-7218

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Submitting for an GA EPD Stream Buffer Variance

• Within 60 days of receipt of a COMPLETE buffer variance application, the Division will either:– Provide written comments to the applicant,

or– Propose to issue a variance

• Public notice required

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Summary

• Buffers on state waters are valuable in protecting and conserving land and water resources.

• Some activities are exempt from stream buffer requirements– i.e. drainage structures, sewer crossings, etc.

• All non-exempt activities within a state water buffer require a GAEPD stream buffer variance

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Examples

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Location: Glascock County

Date of Issue: July 05,2007

Cause of Order: Violations of Rules for Erosion and Sedimentation Control and General NPDES Permit for Storm Water Discharges Associated with Construction Activity/buffer encroachments  

Requirement(s) of Order: Implement proper E&S controls of Erosion, Sedimentation and Pollution Control Plan, to prevent soils from reaching waters of the state; submit approvable Buffer Zone Rehabilitation Plan

Settlement Amount:$40,000.00 

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Location: Treutlen County

Date of Issue: July 09,2007

Cause of Order: Violations of Rules for Erosion and Sedimentation Control and Water Quality Control/buffer encroachment  

Requirement(s) of Order: Implement proper E&S controls of Erosion, Sedimentation and Pollution Control Plan, to prevent soils from reaching waters of the state; submit approvable Buffer Zone Rehabilitation Plan  

Settlement Amount:$5,900.00 

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Questions?