Nemura, Adrienne, Geosyntec Consultants, Waters of the US: Facts and Impacts of the Proposal, ...

Waters of the U.S.: Facts & Impacts of the Proposal?

Adrienne Nemura, P.E.

David Carani

9th Annual Missouri Water SeminarColumbia, MOSeptember 4, 2014

Geosyntec Consultants 2

Fact: There is a Lot of Controversy

https://www.youtube.com/watch?v=9U0OqJqNbbs&feature=youtu.be




Fact: We Have Trust Issues• Draft went to OMB without states knowing; leaked• Connectivity report still not finalized by Science Advisory Board• Companion “Interpretive Rule” of 56 practices• Definitions that are confusing• Declaration of significant benefits & CWA protection, but EPA/Corps claim

“business as usual” with little indirect costs• NRCS not at any of the meetings


Fact: Individual Regulators May Have Different Interpretations

July 18, 2014 letter to Gina McCarthy and Bob Perciasepe

Definition from proposed rulemaking was then read…

“

“

“

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Fact: There is a Lot of ConfusionMichigan Example

This won’t change

anything.

We have to rewrite our agreement!

Actually, a permit would be

needed…


Fact: Not just CWA §404 (dredge or fill )• All sections of the CWA, including

– Water quality standards– Total Maximum Daily Loads (TMDLs)– NPDES permits

• Broad overreach beyond “immediately connected” wetlands?

The Corps determined that the rule would only result in a 3% increase in jurisdictional waters.

Tributaries (natural or manmade channels) that have1) A discernible bed, bank, and

ordinary high water mark;2) Flow year-round (perennial),

seasonally (intermittent), or only when it rains (ephemeral); and

3) Contribute flow through a surface or subsurface connection (including rivers, streams and, subject to certain conditions, ditches).

Former tributaries that have been improved for drainage.

Ditches not in “uplands” or upland ditches that contribute flow to another WOTUS year-round.

WOTUS Includes:


Sou

rce:

Wat

ers

Adv

ocac

y C

oali

tion

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IMPACT:Visualizing the WOTUS Rule for Rivers, Streams and Floodplain

Areas

Provided as a service of the Agricultural Nutrients Policy Council

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What Were Mapped?

• Rivers and streams– categorically WOTUS under the rule as “tributaries”– Perennial tributaries – Intermittent tributaries – Ephemeral tributaries (only approximately 35% of ephemerals

are mapped, as federal data for other 65% are not available)

• Floodplains -- waters and wetlands in floodplain are categorically WOTUS– Floodplain is not defined in rule– We used

• FEMA 100 year floodplain data where available• For tributaries without FEMA 100 year floodplain data, used a

35 ft buffer on each side of the tributary

Visualizing WOTUS for Rivers and Streams and Floodplains

17 States Mapped So Far

Visualizing WOTUS for Rivers and Streams and Floodplains

Project Approach

Blue lines are streams at medium resolution.

Red lines are streams at high resolution.

FEMA flood plains in yellow hatching.

Aerial imagery used to show addition of 35-foot stream buffers (each side of stream).

Stream Miles (1:100K to 1:24K)

Floodplain & Stream Buffers (1:100K to 1:24K)

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N. East Missouri farming region – mapped WOTUS tributaries , ditches and streams, in blue/red, and hatch marked FEMA 100 year floodplain. Other likely tributaries marked with a “ “.?

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Beyond High ResolutionHigh resolution NHD underestimates

stream network by 65%

Argonne National Laboratory Algorithm900% More Streams than NHD

States Using LIDARto Map 1:5,000 Streams


Project Approach: Helping People Visualize Potential Impact


Should You Comment?

1) If nothing is really changing, and rule language is still not well defined, more discussion (and maps) is needed.

2) Difficult for states to administer 305(b), 303(d) and NPDES programs without good maps.

3) State-by-state differences suggest a one-size-fits-all solution could be very problematic.

4) Impacts sanitary sewer overflow and spill reporting?

5) Impacts stormwater maintenance?6) Impacts green infrastructure?


Comments due Monday October 20, 2014!

• Many trade organizations• EPA information on the proposed rule

– http://www2.epa.gov/uswaters

• Docket– http://www.regulations.gov/#!

docketDetail;D=EPA-HQ-OW-2011-0880

http://www2.epa.gov/uswaters

http://www2.epa.gov/uswaters

http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OW-2011-0880

http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OW-2011-0880

Nemura, Adrienne, Geosyntec Consultants, Waters of the US: Facts and Impacts of the Proposal, ...

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