Britton Dotson, Technical Fellow, Division of Water Resources - PowerPoint PPT Presentation

Britton Dotson, Technical Fellow, Division of Water Resources

• Recognizes that the waters of Tennessee are the property of the state and are held in public trust • States that people have a right to unpolluted water • Defines waters of the state • Establishes the need for permits for the alteration of the physical, chemical, radiological, biological, or bacteriological properties of waters of the state The purpose of the TWQCA “is to abate existing pollution of the waters of Tennessee, to reclaim polluted waters, to prevent the future pollution of the waters, and to plan for the future use of the waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent ”

Common Types of Activities Requiring ARAP Permits : • Road crossings by pipe, culvert, or bridge • Wetland alterations, including filling or draining • Streambank modifications, including hard armoring • In-channel structures (outfalls, boat ramps, bridge piers) • Dredge or fill in streams and reservoirs • Utility Line Crossings • Gravel Bar Harvesting • Water withdrawals

NRCS-Designed Streambank Stabilization as a Federal Action: • This General Permit authorizes aquatic alterations conducted in • accordance with a site-specific design developed through full application of the Natural Resource Conservation Service (NRCS) Conservation Practice Standard 580 (Tennessee) and NRCS Engineering Field Handbook, Chapter 16 Streambank and Shoreline Protection ( NRCS Streambank Standards ), and subject to NRCS oversight as a federal action Coverage under this General Permit will not be granted if any element • of the NRCS Streambank Standards has not been applied to the design, unless the applicant demonstrates that equivalent measures have been applied and approved by an individual with NRCS job approval authority and accepted by TDEC

Recent Legislation – Public Chapter 589

Field Office Technical Guides are the primary scientific references for • NRCS. They contain technical information about the conservation of soil, water, air, and related plant and animal resources. Technical guides used in each field office are localized so that they apply specifically to the geographic area for which they are prepared. These documents are referred to as Field Office Technical Guides (FOTGs). NRCS maintains numerous Practice Standards as part of each State’s • Field Office Technical Guide TN NRCS Conservation Practice Standard 580 – Streambank and • Shoreline Protection This practice applies to streambanks of natural or constructed channels and – shorelines of lakes, reservoirs, or estuaries where they are susceptible to erosion. It applies to controlling erosion where the problem can be solved with relatively simple structural measures, vegetation, or upland erosion control practices.

Chapter 16, Streambank and Shoreline Protection, is one of 18 chapters • of the U.S. Department of Agriculture, Natural Resources Conservation Service, Engineering Field Handbook Chapter 16; Purpose and Scope • – Streambank and shoreline protection consists of restoring and protecting banks of streams, lakes, estuaries, and excavated channels against scour and erosion by using vegetative plantings, soil bioengineering, and structural systems. These systems can be used alone or in combination. The information in Chapter 16 does not apply to erosion problems on ocean fronts, large river and lake systems, or other areas of similar scale and complexity.

“Federal Action” means actions that are subject to Federal (NRCS) • control and responsibility (e.g., those that are financed, funded, assisted, conducted, regulated, or approved by NRCS). These actions do not include situations in which NRCS is only providing technical assistance because NRCS cannot control what the client ultimately does with that assistance and situations where NRCS is making a technical determination (such as Farm Bill HEL or wetland conservation determinations) not associated with the planning process. These projects will also be subject to TDEC oversight in the form of: • Application review relative to full application of NRCS Standards – Construction Oversight –

• Funding of NRCS designed bank stabilization projects is based on a two-step process. – First step is to determine if the site-specific conditions need rehabilitation; if conditions are appropriate the second step is conducted. – Second step involves ranking to determine which project(s) provide the most benefit • Companion Practices • T&E Species • 303d List • Design of NRCS Bank Stabilization Projects is Governed by Practice Standard 580 – Practice Standard 580 References NRCS Engineering Field Handbook, Chapter 16 Streambank and Shoreline Protection

• Each design submittal will also include a signed Affirmation Page completed by an appropriate NRCS representative. • This Affirmation Page specifically identifies elements of both NRCS standards that TDEC considers critical in support of General Permit coverage. • Irrespective of these specific elements all aspects of the NRCS standard documents are to be fully applied to the site-specific design.

• Authorization for activities covered under this proposed GP will be provided through written Notice of Coverages (NOC’s). • NOC’s are not subject to public notice requirements • Determination of permit coverage for a proposed activity is made by TDEC subsequent to submittal of application and site-specific design.

• In deciding whether to issue this general permit, the Division will consider all comments of record and the requirements of applicable federal and state laws. The department will also consider loss of waters or habitat, diminishment in biological diversity, cumulative or secondary impacts to water resources, and adverse impacts to unique, high quality, or impaired waters. • All comments received will be recorded and responded to in a final Notice of Determination , that will be public noticed along with the final versions of the issued General ARAP Permit.

After today’s hearing, and throughout the public comment period ( ending August 8, 2020 ) , please feel free to contact the Division for any additional information concerning these proposed drafts. The draft GP can be found on the Divisions’ public participation website, under Permit Public Notices of June 25, 2020 : https://www.tn.gov/environment/ppo-public-participation/ppo- • public-participation/ppo-water.html ( Google : TDEC DWR PPO ) Send comments to : water.permits@TN.gov • See today’s agenda for more contact information •

QUESTIONS ? Britton Dotson TDEC - DWR 615-532-0774 Britton.Dotson@TN.Gov