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Stream Buffer Requirements

Stream Buffer Requirements. Level 1A: Fundamentals Education and Certification for Persons Involved in Land Disturbing Activities. Issued May 2009. Overview. What is a State Water? Who determines State Waters? Functions of State Water buffers Stream buffer requirements

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Stream Buffer Requirements

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  1. Stream Buffer Requirements Level 1A: Fundamentals Education and Certification for Persons Involved in Land Disturbing Activities Issued May 2009

  2. 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?

  3. 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.

  4. State Waters

  5. 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.

  6. Normal Stream Flow Definition • Intermittent headwater streams withbase flow during any period of the yearwill retain the 25-foot buffer protection • Base 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

  7. Defined Channel Wrested Vegetation

  8. State Waters Shown on Plans

  9. Stream Buffers Rules • Measured horizontally from point where vegetation has been wrested by normal stream flow or wave action • 25 Feet - Warm Water streams* • 50 Feet - Trout (cold) streams* *Local issuing authorities may require additional buffers!

  10. Buffers for saltwater marshes and tidally influenced streams are measured from themarsh jurisdictional line Determined by the Coastal Resources Division of the GA DNR, pursuant to the Coastal Marshland protection Act. Coastal Areas

  11. Good Idea!

  12. Functions of Buffers • Reduces storm runoff velocities • Acts as a screen for “visual pollution”, reduces construction noise • Improves aesthetics on the disturbed land • Filters and increases infiltration of runoff • Cools rivers and streams by providing shade

  13. Functions of Buffers • Provides food and cover for wildlife and aquatic organisms • Aids in flood protection • Protects channel banks from scour and erosion

  14. 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)

  15. 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

  16. Perpendicular Sewer Crossing

  17. 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

  18. 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

  19. 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

  20. Questions ?

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