NEPA and Water Resources

1. NEPA and Water Resources Presented by Derek Koellmann July 9, 2009

2. Overview • What are Water Resources? • Why do we consider Water Resources for NEPA? • How are Water Resources documented? • Scenario addressing: • Elements of a discipline report • Assessing impacts from a project • Opportunities to avoid or minimize impacts

3. NEPA and the Natural Environment Per NEPA, the Natural Environment includes: • Water Resources • Air Quality • Biological Resources • Soils, Geology, and Mineral Resources • Visual, Scenic, or Aesthetic Resources

4. Water Resources • Water Resources are the network of surface waters that supply water for food production and other essential human systems and include: • Wetlands • Streams and Rivers • Lakes • Saltwaters • For the purposes of NEPA, it also includes the species that use and occupy these habitats

5. Why Do We Consider Water Resources? • Water resources serve important functions for humans and other species • Water resources have societal value • NEPA requires that impacts to the environment from a proposed action must be evaluated • The lead federal agency determines what built and natural environmental elements will be evaluated

6. Wetlands • Wetlands are areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. • Wetlands generally include swamps, marshes, bogs, and similar areas. • Approximately 2% of Washington State is considered wetland

8. Streams and Rivers • Streams and rivers are flowing bodies of water with a current and under normal flows are confined within a bed and stream banks. • They are typically freshwater and flow into an ocean, lake, sea, or other rivers or streams. • The US Environmental Protection Agency states that the State of Washington has about 70,000 miles of rivers and streams within its boundaries

10. Lakes and Saltwaters • A lake is a large, landlocked, naturally occurring stretch of water. • Saltwaters are waters containing naturally occurring salt such as oceans, seas, gulfs or bays. • Lake Washington is the 2nd largest naturally occurring lake in Washington (next to Chelan) • Washington has 2,337 miles of saltwater shoreline

12. Water Resource Functions • Flood control • Ground water recharge • Water filtration and purification • Erosion control • Wildlife habitat • Recreation • Research and education • Regional economic vitality

13. Some species that use these habitats

14. Assessing Water Resources for NEPA • In support of an overall NEPA document, sometimes Discipline Reports (DR) are developed to address the impacts to specific elements of the environment • The information from the DR is summarized in the NEPA document

15. Elements of a Discipline Report • Introduction • Project Description • Study Approach • Baseline Conditions • Project Effects/Impacts • Measures to Avoid or Minimize Effects • Unavoidable Adverse Effects • References

16. Discipline Report Scenario • We have been hired by the City of Bellingham to develop a Water Resources DR for the Birchwood Road Extension project • Our tasks include: • Identifying existing water resources • Determining the effects to water resources from the proposed project • Providing input on how to minimize or avoid effects to water resources

17. New Birchwood Road Alignment Bug Lake Sunset Pond

18. Introduction/Project Description • Very Important to have an accurate project description for without one, you cannot accurately determine the project effects • For assessing project impacts to Water Resources, you need to know: • Project footprint including both final built and temporary construction footprints • What types of impacts to expect from the project (what equipment, etc) • Where the project will impact water resources (directly and indirectly) • Where and how mitigation will occur

19. KEY POINT • Think Ahead! • What might be out there that hasn’t been considered? • Are you positive that you know the resources that could be impacted? • Are you considering all potential project elements?

20. SP New Birchwood Road Alignment Bug Lake Sunset Pond Staging Area

21. Study Approach • What is your study area? • What Water Resources are in the area? • What are the applicable regulations in the area (local, state and federal) • Make sure the DR addresses these regulations so that the project proponent knows what they need to do to comply with applicable regulations • Where could impacts to Water Resources occur?

22. Baseline Conditions What Water Resources are in your project area? • Wetlands • Streams and rivers • Lakes • Saltwaters • Associated regulatory buffers • Species likely to be found in these habitats • Fish • Amphibians • Terrestrial Species • Plants

23. Wetlands in the Study Area • Number • Location • Classification (s) • Functions provided • Habitat provided/condition • Size • Relation to other Water Resources

24. Water resources in the Study Area Three Wetlands • Wetland A • Isolated • Category III • Wetland B • Connected to Squalicum Creek • Category II • Wetland C • Isolated • Category IV

25. Wetland A Wetland C Wetland B Bug Lake Sunset Pond

26. Streams and Rivers in the Study Area • Location • Watershed view • Tributaries • Functions provided • Number and type of culverts/bridges • Habitat provided/condition

27. Streams and Rivers in the Study Area • Fish passage barriers • History of human impacts (levees, dams, etc) • Direction of flow • Classification(s) • Species present • Relation to other Water Resources

28. Water resources in the Study Area • Squalicum Creek • Has Chinook salmon and Steelhead, both listed under the ESA • Resident fish include rainbow trout and non-native smallmouth bass • No fish passage barriers in this reach

29. Squalicum Creek Bug Lake Sunset Pond

30. Lakes in the Study Area • Bug Lake • Primarily contains warm-water non-native fish species • Sunset Pond • Primarily contains warm-water non-native fish species

31. Wetland A Wetland C Squalicum Creek Wetland B Bug Lake Sunset Pond

32. Wetland A SP Wetland C Squalicum Creek Wetland B Bug Lake Sunset Pond Staging Area

33. Wetland A SP Wetland C Squalicum Creek Wetland B Study Area Bug Lake Sunset Pond Staging Area

34. Species likely to be found in these habitats • Federal listed species (ESA) • State listed species • Tribal fishing areas • Projected species • Fish • Amphibians • Terrestrial Species • Plants

35. Project Impacts and Effects • What project elements will create impacts? • What Water Resources (or portions thereof) are being permanently or temporarily impacted? • Are regulated buffers being impacted? • What plant and animal species could be impacted? • Will mitigation be completed that will affect resources? • What are the potential Cumulative effects

36. Wetland A SP Wetland C Squalicum Creek Wetland B Bug Lake Sunset Pond Staging Area

37. Summary of Impacts Based on Original Design • Wetlands A, B, and C are impacted by road prism or stormwater pond • Regulated buffers of Wetlands A, B, and C are impacted by road prism or stormwater pond • Channel of Squalicum Creek is impacted by road prism – Will require bridge or culvert • Regulated Buffer of Squalicum Creek is impacted by road prism • No impacts to Bug Lake or Sunset Pond

38. Measures to Avoid or Minimize Effects • During design • During construction • During operation • Mitigation

39. Avoidance Measures During Design • Can roadway alignment be altered? • Can stormwater pond be moved? • Results • Only direct impacts to Wetland A & B • Area of impacts to Wetlands A & B are reduced • Regulated buffer impacts still likely • Project construction may cost more due to longer roadway, however costs can be offset by decreased amount of mitigation

40. SP Wetland A Wetland C Squalicum Creek Wetland B Bug Lake Sunset Pond Staging Area

41. SP Wetland A Wetland C Squalicum Creek Wetland B Bug Lake New Study Area Sunset Pond Staging Area

42. KEY POINT • Avoiding impacts through project design can save time and money in the long run • Be proactive in determining potential ways to help out your project team • Thoroughly document any changes made to the project design to avoid impacts • Some impacts cannot be avoided through design

43. Avoidance Measures During Construction • Requiring Best Management Practices • Flagging sensitive areas prior to construction commencing • Ensuring Environmental Commitments are clear and easy to understand • Walk through site with foreman and key staff • On-site Compliance Inspectors

44. Mitigation • Mitigation is required when project effects cannot be offset through project design • Mitigation can occur on- or off-site • Mitigation requirements are usually identified as part of local government codes; However, state and federal agencies also have the power to determine if mitigation is adequate

45. Mitigation Opportunities for Our Project • Enhancing existing wetlands and wetland buffers • Creating a new wetland area near the project site • NOTE: this could change the study area • Pay for mitigation through a mitigation bank or other fee in-lieu of mitigation • Non-native species removal (including bass)

46. Unavoidable Adverse Effects Are there any adverse effects that cannot be avoided? In this case, No. However, if you run into a project that will, more thought should be put in as to how this can be offset through project design and mitigation.

47. References • Citations are critical • People reviewing your DR will want to know where you obtained your information • Cites, cites, cites… • Personal contacts • Fieldwork • Documents • Exhibits • Any other source that you used to document the resources in or impacts from a project

48. Questions?