WOUS_Project_Guidance_Feb2016.pdf

Fort Belvoir Directorate of Public Works Environmental and

Natural Resources Division (DPW-ENRD) Guide for Project

Sites with Waters of the U.S., RPAs and Stream Buffers

General considerations:

Resources addressed by this guidance document include:

o Waters of the U.S. (WOUS), including surface waters, wetlands, streams, etc.

o Resource Protection Areas (RPAs) and 35-foot intermittent stream buffers

The project proponent is responsible to complete required natural resource surveys. Surveys are required for all projects that disturb semi-improved and un-improved areas, as well as for areas where possible impacts to known resources are likely.

WOUS, RPAs, and 35-foot intermittent stream buffers must be shown on drawings

Any potential impacts to WOUS, RPA, or stream buffers must be permitted and mitigation must be provided by the project proponent.

Time-of-Year T&E restrictions must be honored unless survey findings release the project proponent from this obligation.

WOUS, RPAs, stream buffers, and T&E features including medium or high quality Small

Whorled Pogonia habitat boundaries (if any exist within project bounds) must be shown on all submittals.

For-Reference-Only natural resource GIS or AutoCAD format files are available by request in the Fort Belvoir Directorate of Public Works GIS office (703-806-0073).

Waters of the U.S.:

How to proceed with a project at Fort Belvoir:

Waters of the U.S. delineations are required for projects disturbing semi-improved or un-improved areas, as well as for areas where impacts to known resources are possible.

WOUS survey and analysis must be completed for any features within, and extending 100’ beyond, the project site boundaries.

Field work for wetland delineations shall comply with:

o Corps of Engineers Wetlands Delineation Manual (1987); and the o Regional Supplement to the Corps of Engineers Wetland Delineation Manual:

Atlantic and Gulf Coastal Plain Region (Version 2.0);

o Fort Belvoir Wetland Functions and Values Assessment; and o Any additional or subsequent guidance for delineating wetlands.

Field work for stream delineations shall comply with:

o NC Department of Water Quality (DWQ) Methodology for Identification of

Intermittent and Perennial Streams and Their Origins, Version 4.11

1/15/2016

WOUS delineations should include RPA and 35-foot intermittent stream buffer determinations as necessary; see RPA and Buffers section for guidance.

WOUS delineation reports and mapping shall be submitted to DPW-ENRD Wetlands

Program for approval.

o Project proponent will then submit to the Baltimore District of the US Army Corps of

Engineers (USACE) to verify the findings of the wetland delineation and obtain permit authorization. Note: see USACE Baltimore District Special Public Notice 08-

54, Local Processing Procedures for Jurisdictional Determinations.

o Permit requirements will be determined by the proposed action and extent of wetland and water impacts and must meet the 404 (b)(1) guidelines.

o The Garrison Commander is the Applicant for all permits on this installation and the

DPW Director is the agent/POC for all permits. The DPW provides a template for

Pre-construction Notifications (PCN) submitted by or on behalf of Fort Belvoir.

o The Fort Belvoir Checklist for USACE Wetlands Permit Application Completeness must be completed and submitted with each permit application submittal. Note: see

USACE Special Public Notice #12-32, Final Regional Conditions and Suspension for the 2012 Nationwide Permits.

o If impacts are expected, the project proponent shall submit a Jurisdictional

Determination (JD) application and a Joint Permit Application (JPA) (see below).

In order to submit a JD and/or JPA package, the following must also be completed and submitted:

o All necessary Threatened and Endangered Species correspondence, surveys, and reports, which need to be completed in coordination with the Fort Belvoir Wildlife

Biologist for Threatened and Endangered Species (John Pilciki; 703-805-3968) o Coastal Zone Consistency Determination, which needs to be completed in coordination with the Fort Belvoir CZMA Specialist (Greg Fleming; 703-806-3408) o All authorizations under Cultural Resources Section 106 of the National Historic

Preservation Act (NHPA) , which need to be completed in coordination with the Fort

Belvoir Cultural Resources Specialist (Alison Talbot; 703-806-3759) o Fort Belvoir Checklist for USACE Wetland Permit Application Completeness o Fort Belvoir Wetland Functions and Values Assessment for each impact o Compensatory mitigation plans for stream or wetland impact amounts exceeding threshold for non-mitigation clause

Submit completed JPA packages and a Fort Belvoir Checklist for USACE Wetlands

Permit Application Completeness to DPW-ENRD for approval.

o Approved JPA packages will be staffed and signed by the Installation Commander, who will be the permit holder.

o The project proponent compiles the signed forms and documents and submits packages to the appropriate regulatory agencies.

o Signed JPA packages will be submitted by the project proponent to the USACE

Baltimore District, Virginia Department of Environmental Quality (VADEQ), Virginia Marine Resources Commission (VMRC), and the Fairfax County Wetlands

Board (intertidal zone) as applicable with a cover letter that is signed by the Garrison

Commander.

Mitigation, if required, will be coordinated by project proponent with guidance from DPW-

ENRD.

o On-site mitigation is preferred for stream impacts o Compensatory mitigation must achieve no net loss of wetlands and functions o Wetlands credits must be purchased by an approved wetlands bank by the project proponent.

Resource Protection Areas:

How to proceed with a project on Fort Belvoir:

All perennial streams have a 100-foot wide Resource Protection Area (RPA) buffer from their banks. These areas are protected from development.

Intermittent streams on Fort Belvoir have a 35-foot wide buffer off their banks. This regulation is limited to the installation and is incorporated into the Fort Belvoir Master Plan.

Any infringement into these buffers must be approved by DPW-ENRD. Mitigation for buffer impacts is required. Impacts to riparian buffers may be mitigated in a variety of ways, including:

o Mitigation at a 1:1 ratio o Invasive plant removal o Buffer enhancement plantings o Buffer expansion

RPA limits can be determined using the following Virginia regulations and guidance:

o Section 9 VAC 10-20-80 (B) (5); and o Resource Protection Areas: Nontidal Wetlands; Guidance on the Chesapeake Bay

Preservation Area Designation and Management Regulations

Regulatory Reference for Waters of the U.S., RPAs and 35-foot

Intermittent Stream Buffers

Wetlands

Federal and State Regulations:

The US Army Corps of Engineers regulates activities in waters of the United States, including wetlands, under Section 404 of the Clean Water Act (33 U.S.C. §1344), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), and Section 103 of the Marine

Protection Research and Sanctuaries Act of 1972 (33 U.S.C. §1413).

The Virginia Marine Resources Commission regulates activities in submerged lands, marine fisheries, and coastal resources (tidal wetlands and coastal sand dunes/beaches) under the

Code of Virginia Title 28.2, Chapters 12,13, and 14.

The Virginia Department of Environmental Quality regulates activities in state waters and wetlands under Section 401 of the Clean Water Act (33 U.S.C. §1344), under State Water

Control Law (Code of Virginia Title 62.1), and Virginia Administrative Code Regulations

9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., and

9VAC25-690 et seq.

Resource Protection Areas

State Regulations:

Development within “Tidewater Virginia” (as defined in §10.1-2100 of the Code of Virginia) is subject to the requirements of the Chesapeake Bay Preservation Act. Land Disturbance and removal of vegetation within a designated Resources Protection Area (RPA) are subject to regulations set forth in the Chesapeake Bay Preservation Ordinance (Chapter 188 of the Code of the County of Fairfax).