Links to Four Interrelated Water Quality Rule Packages

Overview of the four packages Water Quality Standards Antidegradation Section 401 Water Quality Certifications Stream Mitigation

Draft Rule

Stream Mitigation (OAC 3745-1-56)

Comment deadline - 5:00 p.m. on June 6, 2011
Following this initial public review and comment, Ohio EPA expects to craft and move forward on smaller rule packages comprised of selected rules and topics. Completing this initial review will afford the Agency the opportunity to consider the comments from affected parties and the public when assessing and prioritizing the content of future rulemakings.

This rule package is the last of four interrelated surface water quality rule packages. The first three rule packages were released for interested party review in the fall of 2008 and address the Water Quality Standards triennial review, Antidegradation, and Section 401 Water Quality Certifications. The release of the Stream Mitigation rule package starts a comment period for all four rule packages.

Background

This is a new rule in the water quality standards chapter of the OAC. It establishes a tiered stream mitigation review process and provides detailed stream mitigation procedures. Once adopted, the stream mitigation rule will apply whenever someone requests authorization to discharge dredge or fill material to a stream.

The procedures for requesting authorization to discharge dredge or fill material are in OAC Chapter 3745-32 (Section 401 Water Quality Certifications). The identification of stream use designations and high quality water status for streams are in other rules of OAC Chapter 3745-1 (Water Quality Standards), including rule 3745-1-05 (Antidegradation).

Available documents

Letter to interested parties - December 8, 2010 [PDF 122K]

Fact sheet - December 2010 [PDF 35K] 

Draft Rule 3745-1-56 Mitigation for impacts to streams authorized under state water quality permits [PDF 26K]
Because this is a new rule, all text is underlined.  

Support Documents

• Compensatory Mitigation Requirements for Stream Impacts in the State of Ohio (a.k.a. stream mitigation protocol document) (Revision 5.0) [PDF 654K]
   
• Stream mitigation spreadsheet [XLSX 141K]
  The stream mitigation calculators are tools in an Excel 2007 spreadsheet format for determining debits and credits under the draft stream mitigation rule and protocol.
  
  The stream impact assessment worksheet is completed to quantify stream impacts (debits) for the two mitigation metrics, adjusted flood prone area and adjusted habitat area. The impact assessment tool can also assess whether on-site relocation or reconstruction will meet all of the calculated debits and, if not, how many additional mitigation credits are needed to offset the impacts.

The stream mitigation assessment worksheet is used to evaluate before and after conditions in mitigated stream segments under various scenarios (preservation, enhancement, or restoration) to determine if the proposed effort will qualify for mitigation credit, and the amount of credit applicable for the project.

Users of the spreadsheet tools enter information regarding the appropriate aquatic life use of the stream, the physical dimensions of the affected reach and, if applicable, habitat quality information. The types of information needed are described in the draft stream mitigation protocol document. The spreadsheet provides applicability checks for stream credits and debits based upon the information provided, as well as a final accounting summary.

• Presentations - in Adobe Acrobat PDF and Microsoft PowerPoint PPTX formats

  	Stream Mitigation Rule		PDF [11,334K]		PPTX [6,047K]
  	Model Calibration Categories 1 & 2		PDF [1,469K]		PPTX [7,163K]
  	Mitigation Model Categories 3 & 4		PDF [1,807K]		PPTX [9,464K]

For additional information or to submit comments

Please submit any comments you have on the draft rule in one of the following manners.

If you would like further information about this rulemaking, please contact Dan Dudley at dan.dudley@epa.state.oh.us or (614) 644-2876.

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