USACE 404 Permits Proactive By Design. Our Company Commitment. Page 1

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1 USACE 404 Permits Proactive By Design. Our Company Commitment Page 1

2 USACE 404 Permits Regulatory Overview and Background Section 404 Clean Water Act Regional Permit Program Individual Permits Getting Started Wetland/waterway impacts IDOT Process Wetland Impact Evaluations Permit Application Common Review Comments Page 2

3 Regulatory Overview and Background Information Page 3

4 Section 404 Permit Section 404 of the Clean Water Act requires that anyone obtain a permit before placing dredged or fill material in Waters of the United States. Wetlands are regulated under the U.S. Army Corps of Engineers (USACE) & U.S. Environmental Protection Agency (US EPA). IDOT District 1 is entirely in Chicago District USACE Page 4

5 404 Permit Types Regional Permits (updated in 2017) Regional Permit 3 (Transportation Projects) Regional Permit 7 (Temp Construction Work) Includes automatic Section 401 Water Quality Certification Individual Permit (more than 1 acre total impact for road project) Requires separate Section 401 Water Quality Certification from IEPA Requires public notice through both USACE and IEPA Page 5

6 Regional Permit Program Regional Permit 3 (Transportation Projects) Maximum impact is 1.0 acre Crossings of waterways/wetlands must be culverted or bridged to prevent the restriction of expected high water flows. Crossings must not impede safe passage of fish and aquatic organisms Proposing a culvert to replace a bridge requires an alternatives assessment Culverts must be embedded 6-12 inches below the streambed Culverts must not permanently widen/constrict the channel or reduce/increase stream depth Multiple pipe culverts may not be used to receive base flows. Requires buffer of native vegetation BMPs must be considered Page 6

7 Regional Permit Program Regional Permit 7 (Temporary Construction Activities) No acreage limit on temporary impacts, but must be minimum necessary to complete the activity. Fill must be non-erodible and must withstand high flows. For IDOT, the contractor assembles the in-stream work plan to meet the conditions of Regional Permit 7. Page 7

8 Individual Permit An Individual Permit is required when the conditions of the Regional Permit Program can not be met. Requires separate 401 Water Quality Certification through IEPA. Requires a Public Notice Requires an Alternatives Analysis Page 8

9 404 Permit Process How long does it take to get a permit? Regional On average, it generally takes 3-6 months but can take longer depending on complexity of project and backload of USACE, and response time from IDOT. Individual On average, it generally takes at least 12 months from Submittal. Public notice is required through both USACE and IEPA. Separate 401 Water Quality Certification from IEPA is required. Page 9

10 Getting Started Wetland and Waterway Impacts Page 10

11 When is a Permit Needed? A permit is needed whenever wetlands or waters of the US are impacted Wetlands, ponds, streams, creeks, rivers, etc A Wetland impact is Cut or Fill in Wetlands or Waters Permanent impacts result from disturbances that occur within the wetland or WOUS. Common direct impacts to wetlands/wous include filling, grading, and culvert installation. Temporary fills (impacts) occur in wetlands or waters that are restored to preconstruction contours when construction activities are complete. (e.g. stockpile, temporary access around culvert). Page 11

12 Example of Wetland or Waters Impacts Impacts Cut or fill in wetlands or waters If new/replaced piers in water (substructure work) Adjusting culvert size In-stream work (Cofferdams, causeways) Anything that has dredge or fill in wetlands or waters What is not a wetland impact? No dredge or fill i.e. Bridge resurfacing Page 12

13 Example of Wetland or Waters Impacts Page 13

14 Example of Wetland or Waters Impacts Page 14

15 Avoidance and Minimizing Impacts Designers responsibility is to attempt to further minimize impacts Steeper sideslopes Reducing work space Narrow shoulder Guard rail Discussion on cost savings Cost of mitigation Availability of credits Page 15

16 Avoidance and Minimizing Impacts Page 16

17 IDOT Process Page 17

18 Starting Your 404 Permit Look at the Phase 1 report Timing Updated wetland delineations? Surveys? Assess Impacts Attempt to avoid or minimize impacts Update Phase I Wetland Impact Evaluation and Exhibit based on Phase II design plan Make sure Natural Resources Review does not need renewal Request a pre-application meeting through Bureau of Design PM or lead local agency Page 18

19 IDOT 404 Process Overview Bureau of Design Initiated Projects Submit Updated WIE to Bureau of Design PM, who will submit to Bureau of Maintenance (BOM) After WIE approval from BOM, submit a Section 404 Permit to Bureau of Design PM, who submits to BOM BOM will provide comments on Permit Application Once BOM has approved the Permit Application, the Joint Application and Cover Letter needs to be signed by Ken Eng. Submit entire permit package, including signatures, into one or two PDFs. BOM will submit the permit package to USACE. Page 19

20 IDOT 404 Permit Process Bureau of Design Initiated Projects, Continued USACE prefers one or two points of contact at IDOT Julie Rimbault is USACE IDOT 404 contact USACE monthly meetings at IDOT Pre-application meetings are recommended Can be requested in Phase 1 or Phase 2 Fill out meeting request form with site location map Bring Phase 1 Report/Wetland Delineation to preapplication meeting! A written summary and maps are appreciated by USACE. Page 20

21 IDOT 404 Process Overview Local Roads Projects Coordinate with IDOT Local Roads USACE Permit Application will be coordinated and submitted through local lead agency. Local wetland/stormwater ordinances apply. Pre-application meetings recommended. Page 21

22 Updated Wetland Impact Evaluation Update Wetland/waters of the US impacts per Phase II design Required prior to Section 404 Permit application. Required for any wetland delineation or Natural Resources Review updates (NRR Formerly biological resources review) that are needed Required to receive Mitigation Ledger All wetlands need WIE, even if not impacted Page 22

23 Updated Wetland Impact Evaluation Page 23

24 404 Permit Application Joint Application Form Submittal includes the following: Application form Cover letter with project description and proposed impacts Wetland Delineation Report (5 year validity) Construction drawings Soil erosion & sediment control plan Natural Resources Review clearance Cultural clearance Correspondence from neighboring conservation areas Permit valid for 3 years. Page 24

25 404 Permit Application Joint Application Form Applicant = Anthony Quigley (Bureau of Design Projects) Authorized Agent = Ken Eng (Bureau of Design Projects) Project Location Project Description Purpose and Need Reason for Discharge Type and Amount of Discharge Surface Area Filled Avoidance, Minimization, and Compensation Dates project will begin and end Agency Approvals Page 25

26 404 Permit Application Narrative (Use IDOT Template for Bureau of Design projects) Project Description Proposed Impact Include as much detail as possible on impacts Avoidance and Minimization Individual Permits only Mitigation Will include bank credits from within watershed, if available Background Information on wetlands/waterways on-site Information will be from the Wetland Delineation Report Soil, Erosion, and Sediment Control Page 26

27 404 Permit Application Narrative (continued) Best Management Practices (BMPs) Permanent BMPs only, not temporary or SESC measures Focus on runoff into adjacent waterways, wetlands, or conservation areas. Drainage/culverts Existing versus proposed drainage Details on existing versus proposed structure As much detail as possible to show permit conditions are being met Threatened and Endangered Species NRR from IDOT do NOT submit EcoCAT - goes through IDOT Page 27

28 404 Permit Application Narrative (continued) Historic Preservation From IDOT cultural clearance Conservation Area Organization Need to coordinate with any adjacent Forest Preserve, Nature Preserve, or other Natural Area This coordination is specific to Section 404, Regional Permit 3, Item L (not Phase 1 coordination) Watershed Plans Check USACE website for up-to-date list of watershed plans. Page 28

29 404 Permit Process Additional Attachments Wetland Delineation Report Photos of Bridges and Culverts Wetland/Waters of the US Impact Exhibits Endangered Species Coordination Cultural Resources Coordination Conservation Areas Coordination Disposition to Regional Permits Engineering Plans Page 29

30 404 Permit Application - BMPs BMPs must be considered based on scope of work Look at each point of discharge Look at impacts (such as wetland impacts) Quality of resource For an intersection, maintenance, bridge/culvert replacement, native vegetation ditches can be utilized as an appropriate BMP For capacity improvement projects or for projects that impact a High Quality Aquatic Resource, the following can be utilized: Permanent Ditch checks Bioswales Naturalized basins Appropriate BMPs will be determined during project review. A BMP management and monitoring plan will be required on a case-bycase basis. Page 30

31 404 Permit Application Plan Sheets Plan Sheet Requirements for Permitting IDOT District 1 Include wetland impact exhibit (see attached exhibits and instructions A buffer zone of native seeding is required along all remaining wetlands/waters. For any bridge or culvert work, a waterway information table is required, with the 2-year information included for the in-stream work plan. Cross-sections of culverts are required Include wetland/waters boundaries on the following sheets (minimum): SESC Landscape Cross-sections Drainage Roadway Plan Utilities Page 31

32 404 Permit Application Page 32

33 404 Permit Application - Culverts There are several Regional Permit conditions on culverts and crossings Must provide photos upstream and downstream of crossing Must provide cross-sections showing that permit conditions are being met Page 33

34 404 Permit Application Culverts Add photo what not to do Page 34

35 404 Permit Application - Culverts Add photo of a good example Page 35

36 Common Review Comments Page 36

37 Common Issues on 404 Permit Plan sheets don t include wetland boundaries Missing Waterway Information Table Expired Natural Resources Review (formerly bio clearance) Missing Native Vegetation along remaining wetlands No description of permanent BMPs. Native vegetation in buffer zone Limited information on culverts Page 37

38 Questions? Alycia Kluenenberg Office (H&H) Cell or IDOT Alycia.Kluenenberg@gza.com Alycia.Kluenenberg@Illinois.gov Page 38

39 Page 39

40 Section 401 Water Quality Certification Proactive By Design. Our Company Commitment Darryl Carstensen, P.E. Alycia Kluenenberg Huff and Huff, Inc. A subsidiary of GZA GeoEnvironmental Page 40

41 USACE 404 Permits Regulatory Overview Getting Started IDOT Process Wetland Impact Evaluations Permit Application Water Quality and Modeling Page 41

42 Section 401 Water Quality Certification Regulatory Overview and Background Page 42

43 Regulatory Overview Section 401 WQC required as part of Individual 404 Permit Regulated by Illinois EPA Promotes Water Quality Standards (WQS) Most Fundamental Aspect of Clean Water Act (CWA) Antidegradation Assessment Required Any increase in pollutant load (pounds/day) or diminishment of aquatic habitat requires antidegradation review Page 43

44 CWA Fundamentals Establish WQS - Designated Uses - Water Quality Criteria NO Section 303(d) Pollutant Budget and Wasteload Allocation (TMDL) Water Quality Monitoring - Meeting WQS? Develop and implement pollutant reduction strategies YES Antidegradation Page 44

45 Section 401 Water Quality Certification Documentation / IDOT Process Page 45

46 Information to Include Narrative Project Description Identification & Characterization of Affected Water Bodies and Uses Discussion of Pollutant Loading Discussion of Project Benefits Assessment of Alternatives Page 46

47 Information to Include Appendices Maps Wetland Delineation Stream Mitigation Worksheets Chloride Calculations Pollutant Loading Calculations Agency coordination Engineering Plans Page 47

48 IDOT Process Bureau of Design Initiated Projects Submit to Bureau of Design PM, who will submit to Maintenance (BOM) with 404 Permit Application After initial review, BOD submits final with signatures (cover letter and Joint Application) to BOM IDOT will send hard copy to IEPA IDOT will receive a receipt postcard from IEPA with Project Number assigned Address IEPA comments and Public Notice comments. 401 WQC needed before 404 Permit can be finalized by USACE Page 48

49 Timing Often times the last item needed to get the Section 404 Permit. Permitting time is at least 1 year from submittal to the IEPA. Requires a public notice. Comments have to be addressed. Page 49

50 Section 401 Water Quality Certification AntiDegradation Page 50

51 Antidegradation Goals 1) All waters maintain Existing Uses 2) Protect High Quality Waters (those with better quality than the WQS). Must continue to meet the WQS after increased loading. Increased loading may be allowable if justified for important social and economic reasons. 3) No degradation for Outstanding National Resource Waters (highly valued, high-quality waters) Page 51

52 Antidegradation Key Concepts Any increase in pollutant load (pounds/day) or diminishment of aquatic habitat requires antidegradation review Review required even if all WQS are met and will continue to be met after the increase in loading High Quality Waters Waters achieving any applicable WQS (even if some applicable WQS are not achieved); so, essentially every water body. Some degradation may be justified if necessary to accommodate important economic or social development. Page 52

53 Antidegradation Information Required 1. Current physical & biological water body conditions 2. Quantity of pollutants 3. Potential impacts of pollutant loadings 4. Purpose and benefits of the project 5. Alternatives assessment Page 53

54 Illinois Antidegradation Completed on a case-by-case basis Alternatives analysis: Assure all technically and economically reasonable measures to avoid or minimize the extent of the proposed increase in pollutant loading have been incorporated into the proposed activity Assure The activity that results in an increased pollutant loading will benefit the community at large. Page 54

55 The Problem Highways in Use Increased pollutant loadings due to storm water runoff from highway: Chloride from de-icing Metals: Copper, Zinc, Lead Sediment & Suspended Solids Pesticides & Herbicides due to ROW maintenance Page 55

56 Section 401 Water Quality Certification Analysis Procedure Page 56

57 Water Quality Assessment Identify & assess receiving waters Evaluate current water quality vs. WQS Threatened & Endangered Species Analyze historic and current monitoring data Obtain additional monitoring data, if needed Estimate the potential impact to water quality Construction, Operation, and Maintenance Impacts Water Quality Modeling to support analysis of operational impacts Identify Minimization, BMPs, and Mitigation IEPA favors alternatives analyses that use the Illinois Stream Mitigation Guidance Page 57

58 Key Threshold ADT 30,000 vehicles per day Research indicates few significant impacts occur for highways with less than 30,000 ADT. (IDOT SWMP, 2003) Water Quality Assessment is likely to include storm water runoff modeling if ADT is at least 30,000 vehicles per da Page 58

59 Section 401 WQC Analysis Getting Started Information received from IDOT Wetland Delineation Stream surveys Agency signoffs (Natural Resources, Historic) Page 59

60 ID & Assess Receiving Waters Highway Drainage Plans Historic monitoring data: IEPA, USEPA, USGS, MWRD, local watershed groups, client data 303(b) & 303(d) Integrated Report Biologically Significant Streams IDNR & Illinois Natural History Survey (INHS) Page 60

61 ID & Assess Receiving Waters What if existing data is insufficient? Pre-application meeting with IEPA to determine if updated monitoring is needed Collection of new monitoring data Biological Survey for drainage basins greater than 1 square mile Page 61

62 Section 401 Water Quality Certification Pollutant Load Modeling Page 62

63 Quantify Pollutant Loadings Highway Drainage Plans Local Hydrology NOAA, USGS, etc. Projected Traffic Volumes Client De-Icing Practices Studies and Models for Highway Runoff Pollutant Concentrations Highway Runoff Database (HRDB) Driscoll, et. al. Valid peer-reviewed publications Page 63

64 Estimate Impacts to Water Quality Highway Drainage Plans Highway Runoff Water Quality Models Federal Highway Administration (FHWA) Driscoll, et. al. (1990) OLD MODEL Stochastic Empirical Loading & Dilution Model (SELDM; 2013) CURRENT MODEL Chloride Frost, et. al. (1981) United States Geologic Survey (USGS) Driver & Tasker (1990) Page 64

65 SELDM Fundamentals Image Credit: Granato and Jones. The Stochastic Empirical Loading and Dilution Model (SELDM) for analysis of flows, concentrations, and loads of highway runoff constituents. Compendium of Papers for Transportation Research Board 93 rd Annual Meeting, January 12-16, 2014 Page 65

66 SELDM Limitations Extreme outlier results Large skewness or standard deviation, often associated with small sample size, can result in extreme outliers in calculated results Results must be critically interpreted to identify underlying problems in analysis No seasonal variation More robust data sets needed than for Driscoll model Page 66

67 Questions? Darryl Carstensen, P.E Alycia Kluenenberg Page 67