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APPENDIX B Water Resource Issue Fact Sheets Contents B-2 Fact Sheet 1: Physical Impacts to Wetlands and Other Surface Waters B-12 Fact Sheet 2: Surface Water and Groundwater Quality B-30 Fact Sheet 3: Storm Water Quantity and Floodplains B-44 Fact Sheet 4: Hazardous Wildlife Attractants B-54 Fact Sheet 5: Aquatic Life and Habitat B-64 Fact Sheet 6: Coastal Zones and Barriers B-73 Fact Sheet 7: Wild and Scenic Rivers B-82 References for Appendix B B-1

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Fact Sheet 1 Physical Impacts to Wetlands and Other Surface Waters The water resource issue category "Physical Impacts to Wetlands and Other Surface Waters" encompasses the impacts of airport development projects on the physical characteristics of sur- face waters, including wetlands, and the associated permitting requirements. This fact sheet pres- ents guidance on planning for and managing the issues associated with physical impacts to wet- lands and other surface waters for airport development projects. 1.0 Description of Water Resource Issue and Impacts Airport property may contain, or be adjacent to, wetlands or other surface waters such as streams, rivers, surface drainage ditches, or ponds. The infrastructure siting associated with new development projects often results in potential physical impacts to these resources, as well as to buffer zones surrounding the resources. Avoidance of these impacts is the top priority. Often in cases with limited available land, avoiding impacts is incompatible with the project function. Where impacts appear unavoidable, permits and mitigation measures are required. Unauthorized impacts to these resources could impact stream quality, water quality, biodiversity and biotic habi- tat, etc. or result in changes in wetland acreages, or runoff and floodplain characteristics. Information on related water resource issues can be found in other fact sheets, as indicated below. RELATED WATER RESOURCE ISSUES Water Resource Issue Relationship Storm Water Quantity Coordinate on the construction of structures within or and Floodplains over surface waters; stream excavation, dredging, or channelizing; and filling within wetland areas. Surface Water and Coordinate on the construction of structures Groundwater Quality within or over surface waters; stream excavation, dredging, or channelizing; and filling within wetland areas. Hazardous Wildlife Coordinate on stream excavation, dredging, or Attractants channelizing, as well as wetland or surface water mitigation locations and design criteria. B-2

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Water Resource Issue Fact Sheets B-3 Water Resource Issue Relationship Coastal Zones Coordinate on the construction of structures within and Barriers or over surface waters; excavation, dredging, or channelizing; and any filling within wetland areas. Aquatic Life Coordinate on physical impacts to surface waters and Habitat that may be associated with loss of habitat for biotic resources. 2.0 Identification of Core Regulatory Requirements Regulations have been developed at various governmental levels to address the potential effects of physical impacts to wetlands and other surface waters from development projects to protect these resources and biotic habitats. Section 2 of this fact sheet provides the following: A summary of the surface water and wetland regulations associated with physical impacts typ- ically applicable to airports A methodology for identifying the core regulatory requirements generally applicable to each airport locale The discussion below focuses on federal regulations; check Chapters 20 and 21 of the FAA Desk Reference and with local agencies to determine if additional requirements may apply. 2.1 Summary of Core Regulatory Requirements Federal rules for physical impacts to wetlands and other surface water resources date back to 1899 under the Rivers and Harbors Act, and were primarily derived to support commerce and agricultural development. The rules focused on large rivers and streams considered "navigable waters of the United States." Sections 9 and 10 of the Rivers and Harbors Act established a per- mit program for structures affecting or work conducted in navigable waters. Section 404 of the Clean Water Act (CWA) established a permitting program under United States Environmental Protection Agency (USEPA) guidance for discharges of dredge or fill materi- als into "waters of the United States." If structures, work, or discharges of material are proposed for surface waters, including wetlands, a permit authorizing the activity may be required by the USACE before the activities commence. Permits may cover projects pursuant to both the Rivers and Harbors Act and the CWA. The permitting program is regulated under 33 Code of Federal Regulations (CFR) 320-330 and permit issuance may be as a general or individual permit. General permits, or Nationwide Permits (NWPs), cover many similar types of activities or have limited thresholds for surface water length or wetland acreage impacts. Individual permits cover activity-specific projects or when threshold conditions listed for general permits are exceeded. Prior to authorization of a Section 9, 10, or 404 permit, a Water Quality Certification under Section 401 of the CWA must be issued by the state to certify that the federal permit meets state water quality standards. Authorization may include region-specific conditions. Consultation must also take place with the United States Fish and Wildlife Service (USFWS) and other state agencies under the Fish and Wildlife Coordination Act (FWCA) when a project requiring a fed- eral permit has the potential to affect fish and wildlife.

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B-4 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning Actions that physically impact surface waters in coastal areas may be subject to the Coastal Zone Management Act of 1972 (CZMA), as amended by the Coastal Zone Management Reauthoriza- tion Amendments of 1990 (23 CFR 650.211) and the Coastal Zone Protection Act of 1996, and Coastal Barrier Resources Act of 1982 (CBRA), as amended by the Coastal Barrier Improvement Act of 1990. Actions that impact essential fish habitat (e.g., estuaries, coral reef, and inter-coastal areas) are also subject to MagnusonStevens Fishery Conservation and Management Act of 1976 (MSFCMA), under the authority of the National Marine Fisheries Service (NMFS). Refer to the Coastal Zones and Barriers Fact Sheet for further information on impacts to coastal resources. Since federal agencies authorize Section 9, 10, and 404 permits, the requirements of NEPA apply. Typically, the United States Army Corps of Engineers (USACE) ensures NEPA requirements are met through the agency's internal permit approval process. However, in some situations other federal agencies, such as the Federal Aviation Administration (FAA) may decide to be the lead reg- ulatory agency for the NEPA process. Water quality based impacts to wetlands and other surface waters are covered by regulations other than those described above. Those issues are discussed in Fact Sheet 2 Surface Water and Groundwater Quality. As discussed in Section 2 of the Handbook, it is recommended that airport representatives iden- tify and document the core regulatory requirements associated with each water resource issue before planning begins. The figure below identifies a methodology for identifying those core requirements. The figure also includes references to commonly found results from that analysis. TIPS FOR . . . Identifying Core Regulatory Requirements Assess whether multiple entities have jurisdiction and seek guidance on over- lapping and conflicting requirements. Coordinate with regulators in assessing whether general or individual permits and certifications for typical development projects are applicable to different types of airport development projects. Coordinate with regulators to clarify the timing of submittal requirements with respect to the design and construction processes. Coordinate with regulators and review regulatory guidance to determine the specific regulatory submittal requirements for the permit application process, including report documentation, calculations, and site plans. Identify mitigation ratios for surface water or wetland impacts. 3.0 Determination of Measures Needed for Compliance Section 3 of this fact sheet presents a methodology for determining the means of achieving compliance that is specific to each project. 3.1 Characterize Physical Impacts to Wetlands and Other Surface Waters Characterizing the unavoidable effects of a development project on surface waters and wet- lands requires an understanding of how the project affects the development site and an under-

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Water Resource Issue Fact Sheets B-5 PROCESS FOR IDENTIFYING CORE REGULATORY REQUIREMENTS Identify the Applicable Regulatory Documents for Physical Impacts to Surface Waters and Wetlands Typical Documents Include: Rivers and Harbors Act, CWA Sections 401, 404 Executive Order 11990 FWCA Sections 9, 10 Identify the Authorities Overseeing Physical Impacts to Surface Waters and Wetlands Typical Authorities Include: State agencies USACE USFWS Identify the Regulated Parameters and Compliance Requirements Typically Regulated Parameters Include: Construction of a Filling, draining, Performing activities Actions that result in structure(s) within a channelizing, dredging, that change the water indirect effects to a surface water or excavating table of a surface water surface water Identify Submittals and Documents Required to Gain Regulatory Approval Typical Submittal Documents Include: Jurisdictional determination Pre-construction notification Permit application Identify Statutory Submittal Deadlines and Review Timeframes Critical Items to Identify Include: Times permits are valid Submittal due dates Maximum times for Public comment periods after approval before construction regulatory review standing of the core regulatory requirements. Not all impacts to wetlands and other surface waters require a federal permit. The USACE determines if it has jurisdiction over a wetland or other surface water based on a site-specific analysis to determine if there is a significant "nexus," or connection, with traditional navigable water. Prior to determining if a federal per- mit is needed, it is important to confirm if the wetland or surface water is under the jurisdiction of the USACE. Those resources not covered under the USACE's jurisdiction include those that are not hydraulically connected to a navigable water. An example of a non-hydraulically con- nected surface water is an isolated wetland. Typically, impacts to these types of surface waters are authorized by state agencies. If the wetland or surface water is under the USACE's jurisdiction, site-specific information must be obtained pertaining to the surface water's characteristics and how unavoidable actions

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B-6 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning will physically impact the resource. Once the level of impacts is determined, the airport can iden- tify if the action qualifies for a NWP or individual permit. Refer to Section 3.3 for information on avoiding/minimizing impacts. Additional information, such as cultural and biotic resources, and mitigation should be incorporated in applications. In the event a project must be located in jurisdictional waters, the project footprint should be overlaid on a map of characterized wetlands and other surface waters to assess the potential impacts to the water resource. At conceptual planning stages an approximate acreage, or lineal feet, of impacts is suitable in most cases. Prior to submitting permit applications, more specific bound- aries defined by geographic coordinates are usually necessary. The potentially impacted wetland acreage or stream length may need to be categorized by the quality of the impacted surface water. 3.2 Compare Project Effects to Regulatory Conditions If surface waters are under the jurisdiction of the USACE, a permit may be needed prior to development. A review should be conducted for the proposed action, associated federal and regional permit conditions, and Section 401 Water Quality Certification requirements. If the review results in identifying impacts that are below regulatory thresholds, a permit is typically not required. If impacts are above regulatory thresholds, the review should help identify the type of permit needed for the project. Thresholds for wetlands are typically in terms of acres of wetlands that are impacted. Thresholds for streams and other navigable waters are typically in terms of lineal feet of the surface water that are impacted. It is important to note that although a permit from USACE may not be needed, a Water Quality Certification may still be required. Regulatory conditions for impacts to biotic and cultural resources must also be evaluated. Depending on the type of biotic community or cultural resources present, regulatory require- ments may necessitate the need for additional documentation or approvals prior to development. 3.3 Identify Required Controls and Modifications to Development Project Federal agencies must evaluate the project and options to avoid or minimize impacts to wet- lands and other surface waters. This requires airport operators to determine if the project can be relocated elsewhere to avoid physical impacts to wetlands and other surface waters. The review may result in the airport no longer needing a permit or other approvals for the project. If the project cannot be relocated, the airport must identify alternatives to minimize impacts. Mitigation is required as a condition for some permit authorizations. It is important that the type of wetland or other surface water is adequately characterized so that impacts requiring mit- igation are sufficiently identified. Impacts can be mitigated on or offsite. If impacts are planned to be mitigated offsite, typically a mitigation ratio is implemented. Mitigation acreages for wet- lands or length of stream impacts may need to be calculated. For example, if 5 acres of wetlands are filled at the airport, the authorizing agency may require 10 acres of wetlands to be mitigated offsite (2:1 mitigation ratio). 3.4 Prepare and Submit Compliance Documents Documentation requirements for permit approval depend on if the permit is a NWP or indi- vidual permit. In some cases, activities authorized by NWP may proceed without notifying the USACE. However, some NWP require advanced notification of the action and a pre-construction notification (PCN) must be sent to the USACE and state agency. Each NWP specifies the docu- mentation needed for the PCN.

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Water Resource Issue Fact Sheets B-7 Recommended Steps for Characterizing Physical Impacts to Wetlands and Other Surface Waters Determine if surface waters or w e vicinity wetlands are located on project property or within the Acqui ire existing sources of information Review NW WI Maps online and state agency websites Characterize surface waters or w wetlands (e.g., quality, type, composition, acreage, len ngth) and delineate boundaries Submit delineati ion for a USACE jurisdictional determination If wetlands or other surface wate ers are under the USACE's jurisdiction, consult with h USFWS or state agency for potential impacts to biotic communities Obtain information pertaining to culturally significant resources Collect data require ed for a Section 401 Water Quality Certification Determin ne need for additional data collection Collect and analyze additional information Individual permits require submittal of an application and associated documentation, which is reviewed by the USACE. The following information includes the documentation needed for individual permit applications: Completed and signed application form Project description Site plan Length of surface water impacts or acreage of wetland impacts Types and volumes of materials to be dredged or filled Method of dredging/filling and disposal methods Early agency correspondence Jurisdictional determination documentation and approval Avoidance or minimization of project impacts Options to meet mitigation requirements A separate 401 Water Quality Certification may be required prior to NWP or individual per- mit approvals. Because state requirements for authorization under a 401 Water Quality Certifi- cation are varied, consult with your state agency to determine specific requirements pertaining to the approval process.

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B-8 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning TIPS FOR . . . Determining the Measures Needed to Achieve Compliance Acquire information on wetlands and other surface waters within the airport's boundaries from state agencies and the USACE. Include wetlands and other surface waters as part of an airport-wide Water Resource Inventory, and create a map of those within the airport's boundaries. As a means of reducing risk and balancing cost, prioritize which water resources should receive site-specific delineations and quality assessments in early planning by considering: Project sites most likely to be used Project sites that have the highest quality and extent of wetlands and other surface waters. In early planning, consider that "support" systems for the development project such as detention basins, treatment plants, or roads might themselves potentially lead to physical impacts. Adequately delineate stream and wetland boundaries to avoid impacting these resources without regulatory approval. Failing to get approval prior to impacts could result in fines or cease-and-desist orders, ultimately impacting project schedule and costs. Hold a pre-application meeting with regulators to help identify permit type and documentation needs, and actively engage them throughout the permit process. Ensure that application forms and supplementary documentation are complete when submitted and are received by the authorizing agency. This will help reduce delays due to missing information. Watch for changes to the project during its planning and design that might change the circumstances and conditions for regulatory actions, resulting in the need to reassess compliance status. Coordinate with regulatory agencies when preparing applications to obtain a common understanding of "complete." Review permit conditions and conduct work as specified in permit authorization, including standard conditions in NWP. Follow-up with any required documents, actions, inspections, etc. Determine if this water resource issue requires coordination with multiple regu- latory agencies. There is sometimes significant political and community input to impacts associated with particular high-value resources, especially in coastal areas, which can cause significant delays in the NEPA process. If airports are aware of potentially significant public interest that may benefit by eliminating project alternatives that are unlikely to be approved. Identify agencies or public groups with special interests that may be involved with the approval process. Verify that potential mitigation options, including mitigation banks, are approved for such a use. Assess whether the process of complying with applicable regulations requires modification to existing permits or Storm Water Pollution Prevention Plans (SWPPPs).

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Water Resource Issue Fact Sheets B-9 4.0 Reduction of Water Resource Issue Effects on Development Projects Section 4 of this fact sheet identifies the ways in which planning and management of physical impacts to wetlands and other surface waters can affect development project and project planning. 4.1 Siting and Construction of Development Project Planning considerations for reducing the effect of compliance with regulations associated with this water resource issue on the development project features and mitigation measures are pro- vided below. Relocation of some, or all, of the project to avoid wetland or surface water impacts must be considered to meet regulations and/or as a result of significant public input. If alternative sites would not meet project needs, explain why impacts to wetland or waters are unavoidable. In some cases, portions of a project may need revision of project function or scope to avoid or minimize wetland or surface water impacts. Flexibility of development project features and characteristics will allow for more opportunities to adapt to regulatory constraints as they arise. When assessing sites in early project planning phases, the presence of wetlands, especially high quality wetlands, should be a significant factor in the decision-making matrix. If multiple projects are foreseen that may impact surface waters or wetlands, use of offsite mit- igation banks owned by a third party or design and construction of an airport's own offsite wetland or surface water mitigation project should be considered to minimize the cost and schedule implication associated with project-by-project mitigation. Airport operators will need to coordinate with regulatory agencies regarding a potential need to mitigate within the same watershed as the impact, as well as consider the potential for haz- ardous wildlife attractants associated with mitigation near the airport. 4.2 Airport Operations Achieving compliance with regulations associated with physical impacts to wetlands and other surface waters is typically less influenced by post-construction airport operations than other water resource categories. Methods for reducing operational impacts associated with the inte- gration of the development project planning with surface water and wetland compliance plan- ning are provided below. Use of onsite mitigation for wetlands and other surface waters is frequently preferred by envi- ronmental regulators, but is a significant concern for airports because of the potential wildlife attractant threat. The airport's policies and position on wildlife attractants and those of the FAA (as noted in FAA AC 150/5200-33B (9) and the Memorandum of Agreement dated July 2003 (36)) should be clearly presented to the regulatory authority governing the mitigation decision. The need to move or modify a development project can result in the desired operational lev- els not being reached. The need for monitoring and maintenance of surface water and wetland mitigation sites fol- lowing construction can add fairly significant costs and should be a consideration in assessing total project costs. 4.3 Schedule and Sequencing The process for assessing, demonstrating, and implementing compliance measures for phys- ical impacts to wetlands and other surface waters can be lengthy and integrally related to the planning, permitting, design, and construction of the development project itself. Items that typ- ically have the most significant impact on schedule are shown in the table below.

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B-10 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning The sequencing of these activities in relation to the development project is critical. Failure to adequately identify and collect the data needed for permit applications can be a significant set- back in the ability to stay on schedule. Failure to integrate the permitting, design, and construc- tion schedules for the controls with the permitting, design, and construction schedule for the development project can have cascading impacts on schedule as well. In most cases, the process for acquiring permits and approvals will overlap to some degree with the implementation of compliance measures and the overall development project imple- mentation process. It is important to acquire project-specific schedule information from regu- lators, environmental compliance staff and consultants, design engineers and construction per- sonnel to prepare an overall schedule that effectively integrates and sequences the project steps. For complex projects, the process for obtaining permits can be a multi-year process. Gener- ally, the following approval process is conducted for NWP requiring PCNs: Prepare and submit PCN. USACE 30-day review period. Perform activity after 30-day review period or unless otherwise notified by the USACE. Generally, the following approval process is conducted for individual permit applications: Prepare and submit permit application form. USACE application completeness review. Public notice within 15 days of receipt of a complete application. 15-30 day comment period. Public comments submitted to applicant. Applicant submits response to comments within 30 days. USACE receives Water Quality Certification from state agency. Permit issued or denied within 60 days of receipt of complete application. Generally, the following approval process is conducted for Section 401 Water Quality Certi- fications: Prepare and submit certification application. State agency completeness review. USACE coordinates with state agency. State agency issues 401 Water Quality Certification. Permit issued or denied by USACE. 4.4 Project Costs It is important to account for costs associated with data collection needs, agency negotiations, or mitigation associated with the compliance process. To minimize costs, it is recommended that airport operators identify any surface waters or wetlands in the vicinity of the airport during the Conceptual Planning Phase or even before development is conceived, as part of a site-wide inven- tory or broader Water Resource Inventory. The knowledge gained from this effort can help to inform decisions about project siting when development projects are in the early planning phases. Coordination should begin with potential regulatory agencies as soon as the project team is aware that there may be potential impacts for a particular project and some level of definition can be provided to potential impacts. This may begin as early as the Conceptual Planning Phase. Agency discussion or review can take up to several months to complete to ensure project goals are met and the authorizing agency is satisfied with the project design. Consultation with the agencies can also help to minimize impacts to surface waters and wetlands. When it comes to avoiding, minimizing, or mitigating for potential impacts, it is important for airport operators to consider all the options available to them, including combinations of

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Water Resource Issue Fact Sheets B-11 project modifications and on or off-site mitigation, to identify the solution that might be most cost-effective for their particular application. Mitigation requirements for project impacts can also be very costly, especially if mitigation is conducted offsite at a regulator-approved mitiga- tion bank. GUIDANCE FOR . . . Reducing Potential Cost and Schedule Impacts Item Factors that Can Reduce Cost and Shorten Schedule Water Resources Prepare water resources inventory for use on multi- Inventory ple projects. Permit Acquisition and Limit impacts if possible to utilize NWPs rather than Approval individual permits where applicable to minimize schedule and reduce preparation costs. Design Development Provide alternatives that avoid or minimize impacts to surface waters or wetlands and design projects that do not incorporate unique engineering or construction practices. Development Revenue Account for gained or lost revenue (e.g., parking) from changes if project function or scope must change to achieve compliance. Schedule and Recognize that schedule changes usually equate to Sequencing cost increases for consultation, design, and construction. Staffing Identify the expertise needed, select qualified experts, and bring them in at the right time to avoid re-doing work. Stakeholder Seek to understand cost considerations raised by Coordination stakeholders such as airlines and various airport departments. Coordinate early with stakeholders such as airlines, regulators, various airport depart- ments, and communities to avoid multiple itera- tions of permitting and design. Plan for early and ongoing coordination with regulators (pre- application meeting). Delineation Adequately delineate stream and wetland bound- aries using required methods, preferably with an airport wide delineation to reduce time commit- ments on individual projects. Documentation Submit complete notifications and applications. Mitigation Consider enhancements to existing wetlands or sur- face waters to get mitigation credit rather than construction of new wetlands or surface water segments. Be sure the mitigation does not affect aviation safety. Start of Work Verify that federal agencies have fully completed activities and issued permits and approval before construction.

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Fact Sheet 7 Wild and Scenic Rivers The water resource issue category "Wild and Scenic Rivers" encompasses the impacts of air- port development projects on protected river corridors and upstream modifications and the associated effects on the outstanding natural, cultural, and recreational values of these resources. This fact sheet presents guidance on planning for and managing Wild and Scenic Rivers associ- ated with airport development projects. 1.0 Description of Water Resource Issue and Impacts Wild and Scenic Rivers are a category encompassing three protected river designations. Wild Rivers are considered the most primitive type of river, and are largely inaccessible, except by trail. Scenic Rivers are more accessible but are largely undeveloped. Recreational Rivers are readily accessible and may have incurred development or undergone some diversion in the past. A fourth category, Study Rivers, include rivers or river segments being considered for potential addition to the Wild and Scenic Rivers System. Airport development projects that would affect the free-flowing characteristics of a Wild and Scenic River, the Outstandingly Remarkable Values (ORVs) for which the Wild and Scenic Rivers were designated (i.e., scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values), or rivers identified for study are restricted. This includes projects within the river, in the protected corridor around the river, and projects upstream or outside of the cor- ridor that would invade or diminish the designated values of the river. Airport development proj- ects could directly impact Wild and Scenic Rivers or areas downstream. Specific impacts to Wild and Scenic Rivers include: Clearing trees or brush Construction of a new outfall Construction of detention basins, affecting runoff into the river Rerouting of flow to accommodate new development Increases in pollutants in runoff from changes to, or increases in airport operations Changes to the volume of runoff from increased impervious surfaces Increased sediment in runoff from construction Development in the river or protected corridor Removal of wetlands or natural ponds Increases in noise Demolition of historic structures/archeological grounds, or significant river geology Changes to roadways that would affect access to a recreational river Development of buildings or lighting that would affect scenic quality of river B-73

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B-74 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning Information on related water resource issues can be found in other fact sheets, as indicated below. RELATED FACT SHEETS Water Resource Issue Fact Sheet Relationship Hazardous Wildlife Wild and Scenic Rivers may have characteristics that Attractants result in hazardous wildlife attractants. Surface Water and Coordinate water quality measures with Wild and Groundwater Quality Scenic River characteristics. Surface Water Quantity Coordinate detention basin implementation for and Floodplains storm water quantity with Wild and Scenic River requirements. Floodplains may be associated with a Wild and Scenic River. Physical Impacts to Impacts to surface waters or wetlands may be associ- Wetlands and Other ated with Wild and Scenic Rivers. Coordinate Surface Waters impact and mitigation measures. Aquatic Life and Coordinate mitigation for removal of brush and Habitat trees for height restriction requirements. 2.0 Identification of Core Regulatory Requirements Regulations have been developed at various governmental levels to address the impacts to Wild and Scenic Rivers from development projects on their natural, cultural, and recreational values. Section 2 of this fact sheet provides the following: A summary of the Wild and Scenic River regulations typically applicable to airports. A methodology for identifying the core regulatory requirements generally applicable to each airport locale. 2.1 Summary of Core Regulatory Requirements The National Wild and Scenic Rivers System was created by Congress in 1968 through the Wild and Scenic Rivers Act (Act) to preserve certain rivers with outstanding natural, cultural, and recre- ational values in a free-flowing condition for the enjoyment of present and future generations. Rivers or portions of rivers are designated as Wild, Scenic, or Recreational, by an act of Congress or by the Secretary of the Interior at the request of a state governor (21). Rivers are added to the System on the basis of free-flowing conditions, water quality, and ORVs, which are identified pre- designation during the preparation of a Comprehensive River Management Plan (CRMP). Fed- eral agencies that are responsible for managing a particular stretch of river [including United States Bureau of Land Management (BLM), United States Forest Service (USFS), United States Fish and Wildlife Service (USFWS), United States National Park Service (NPS)] are required to develop a CRMP that provides for the protection of designated river values as well as describes requirements for land development in the vicinity of the river. State agency-managed rivers do not require a Comprehensive River Management Plan, but the agency may propose a management program. The classification as Wild, Scenic, Recreational, or Study River does not necessarily represent the river's ORVs but describes the extent of development at the time of the river's designation. The Act is intended to safeguard the special character of Wild, Scenic, or Recreational rivers, while also recognizing the potential for their appropriate use and development. The Act covers

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Water Resource Issue Fact Sheets B-75 rivers and a designated corridor measured from the high water mark (typically 1/4-mile). The Act prohibits water resource projects in a protected corridor around the river and protects desig- nated rivers from effects of projects upstream. The Act also prohibits federal agencies from assist- ing by loan, grant or license, any water resource project that would have a direct and adverse effect on the designated values of a Wild and Scenic River. Federal agencies that fund, license, or authorize work affecting Wild and Scenic Rivers must obtain consent from the federal agency managing the river. Federal agencies must advise the Sec- retary of the Interior or Secretary of Agriculture, and report to Congress in advance of any water resource project for which they plan to recommend authorization or request appropriations that would be in conflict with the Act. Section 7 of the Act creates a requirement for consultation between the managing agency and the federal agency funding or assisting the development proj- ect (22). Early on in the project planning process, the managing agency will also coordinate its review with other agencies, depending on the type of project, including USFWS, the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (USEPA), and state agencies. Consent (also called Section 7 Consent) must be received before the activity is approved. The managing agency may also be invited to be a cooperating agency in the National Environmental Policy Act (NEPA) process. If a designated river is affected, the potential effects of the development project must be characterized with respect to the designated uses and miti- gation measures may be necessary to prevent adverse impacts. As discussed in Section 2 of the Handbook, it is recommended that airport representatives iden- tify and document the core regulatory requirements associated with each water resource issue PROCESS FOR IDENTIFYING CORE REGULATORY REQUIREMENTS Identify the Applicable e Regulatory Documents for Wild and Scenic River rs T Typical Documents Include: Wild and Scenic Rivers of 1968 (1 16 U.S.C. Wild and Scenic Rivers (36 C CFR 297) 1271-1287) Identify the Authoritie es Overseeing Wild and Scenic River Managemen nt T Typical Authorities Include: Interagency Wild and Scenic R Rivers Council, which includes: Department of the Interior (USFWS and National Park Se ervice) and Department of Agriculture (US Forest Service) Identify the Regula ated Parameters and Compliance Requirements Typica ally Regulated Parameters Include: Rerouting river or Removaal/relocation Alteration to value or Changes in water corridor impacts res sources scenic quality quality or flow Identify Submittals and Documents Required to Gain Regulatory Approval Typiccal Submittal Documents Include: Informa ation required for Section 7 Consent Identify Statutory y Submittal Deadlines and Review Timeframes Cri itical Items to Identify Include: Maximum times for Section 7 Consent due date Agency review p periods regulatory review

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B-76 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning before planning begins. The preceding figure identifies a methodology for identifying those core requirements. The figure also includes references to commonly found results from that analysis. TIPS FOR . . . Identifying Core Regulatory Requirements Determine if project has the potential to impact protected corridor zones or change the designated values (i.e., scenery, geology, fish and wildlife, historic resources, cultural resources) of Wild and Scenic Rivers. Understand if airport property contains use restrictions with respect to Wild and Scenic River issues. Consult with the agency that manages the river (Fish and Wildlife Service, National Parks Service, Bureau of Land Management, U.S. Forest Service) and provide the agency with environmental reports and documentation regarding the potential project. Coordinate with regulators in assessing whether Wild and Scenic River regula- tions are applicable or suitable to airport development projects. For example, regulatory requirements may create a wildlife hazard attractant, which may con- flict with airport safety requirements and policies. Determine the level of detail that needs to be submitted for Section 7 Consent. There are a variety of available resources for understanding the core regulatory requirements for this issue, including the National Wild and Scenic Rivers System website, which provides primers, reference guides, authorities of key federal agencies, a searchable database of frequently asked questions about Wild and Scenic Rivers topics, and technical reports of the Interagency Wild and Scenic Rivers Coordinating Council (23). 3.0 Determination of the Measures Needed for Compliance Section 3 of this fact sheet presents a methodology for determining the means of achieving compliance that is specific to each project. 3.1 Characterize Project Effects Characterizing the effects of a development project on Wild and Scenic Rivers requires an understanding of how the project affects these resources and an understanding of the core reg- ulatory requirements. Airport representatives must identify federal or state Wild, Scenic, Recre- ational or Study rivers located in the vicinity of the airport. For each regulated river, it is impor- tant to characterize the designated values and federal agency managing the river. It is beneficial for airport operators to gather specific information about the proposed development project to facilitate characterization of potential impacts to any regulated rivers. Information to help characterize project effects on Wild and Scenic Rivers may be obtained from the sources identified below: Part 150 Noise Study Airport Storm Water Pollution Prevention Plan maps Airport base and utility drawings Airport Layout Plan

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Water Resource Issue Fact Sheets B-77 Airport Master Plan/System Plan GIS systems/databases Site studies and surveys Design and record drawings Public resources (USGS, NOAA) Consultation with managing agencies and regulators Endangered species studies and reviews Wetland and stream delineations Recommended Steps for Characterizing Project Effects on Wild and Scenic Rivers Determine if Wild and Scen nic Rivers are located within the project bounda aries or downstream of the project Identify the Wild a and Scenic Rivers designated uses and values Determine the site plans s, calculations or modeling methodologies neede ed to characte erize Wild and Scenic River impacts Determine perm mits or other approvals needed for the project Determine the information n needed to support the calculations, model or permits p Determine the level of deta ail required to support the project needs and reg gulatory requirements Acqui ire existing information resources Collect and analyz ze additional information to determine impacts 3.2 Compare Project Effects to Regulatory Conditions A development project's boundaries and construction footprints, or alterations to the Wild and Scenic River's values (i.e., water quality, recreational values) must be compared to the exist- ing conditions to identify potential impacts. This may require performing site assessments, or calculations for storm water quantity, water quality, physical impacts, or noise. The following airport features and boundaries can help facilitate identifying these impacts: Part 150 noise boundaries Watershed boundaries Impervious area Storm water detention areas Pollutant load changes from changes to operations

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B-78 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning Pollutant load changes for relocation, or changes to airport industrial operations, including: Airport lighting or Navigational Aid System (NAVAIDS) FAA safety boundaries Sediment in runoff Developed areas Airport property boundary Following this analysis, coordination is required with the managing agency to determine if development project features could adversely affect the Wild and Scenic River by: Destroying or altering the river's free-flowing nature. Introducing a visual, audible, or other type of intrusion. Causing the river's water quality to deteriorate. Allowing transfer or sale of property interests without restrictions needed to protect the river or its protected corridor. It is recommended that the managing agency be consulted with as soon as potential impacts have been identified, due to the need for interagency coordination and review, in order to pre- vent project delays (22). 3.3 Identify Required Controls and Modifications to Development Project Because federal agencies may not provide loans, grants, licenses, or authorization for projects that would have a direct or adverse effect on Wild and Scenic Rivers, modifications to project features or mitigation measures may be required, including those listed below. The appropriate controls must be selected to meet regulatory criteria, and assessments reviewing project siting, operations, and ongoing maintenance may need to be conducted. Recommendations from man- aging agencies may need to be incorporated into the project design and considered in the NEPA process. Design features may need to be updated if impacts with the potential to affect Wild and Scenic Rivers arise. Potential design features include: Relocation of project outside of the protected corridor boundaries. Relocation of project to prevent increases in noise or light in protected corridor. Additional sediment and erosion controls during construction. Deed or lease restrictions on property use. Restrictions on industrial operations in watersheds that drain to the Wild and Scenic Rivers to meet water quality standards. Water quantity controls to prevent increased flooding risk. Modifications to new outfalls. 3.4 Prepare and Submit Compliance Documents Federal agencies that fund, license, or authorize work affecting Wild and Scenic Rivers must provide notice and obtain Section 7 Consent. Project information must be submitted to the Secretary of Agriculture or Secretary of Interior no later than 60 days prior to the proposed action, which includes: Name and location of the affected river Location of the project Nature of the permit or other authorization proposed for issuance Description of the proposed activity Any relevant information, such as plans, maps, and environmental studies, assessments, or environmental impact statements

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Water Resource Issue Fact Sheets B-79 TIPS FOR . . . Determining the Measures Needed to Achieve Compliance Include Wild, Scenic, Recreational, and Study Rivers within the airport's water- sheds as part of an airport-wide Water Resource Inventory. Also include pro- tected river corridors and nearby wetlands. For each regulated river that is identified, identify the values assigned to the river or proposed to be assigned to the river in the Wild and Scenic Rivers Sys- tem, as well as which agency is the managing agency for the river. Identify site selection for future development projects that are outside of Wild and Scenic River corridors, or avoid discharges to Wild and Scenic Rivers. The choice of calculation methods and models will depend upon parameters needed to facilitate the project design, project complexity, schedule, cost, and the degree of accuracy required. These calculations should be performed by appropriately qualified engineers and modelers. Ensure Section 7 Consent includes all required information for submittal and any additional information or plans that may facilitate the review process. This may require finalizing design calculations for drainage infrastructure, controls or developing final drawings and reports required by regulatory authorities. If NEPA documentation is required, ensure the FAA invites the managing agency to be a cooperating agency during the NEPA process. Include recommended measures and correspondence from the managing agency in NEPA documents. The Record of Decision may include avoidance and mitigation measures and a monitoring/enforcement plan. Coordinate with stakeholders and managing agencies throughout the develop- ment process to keep them informed of any project changes. Modifications to the project's features and mitigation measures may be necessary to prevent adverse impacts. Submit proposed mitigation measures to the manag- ing federal agency at least 60 days before the start of the project. Work with the agency to agree on recommended measures to mitigate effects from the project. Information on ORVs can be found at the Nationwide Rivers Inventory (NRI) web- site (24). Information on Wild and Scenic River classification and managing agencies, as well as viewable and printable maps and GIS files of river locations can be found at the Wild and Scenic Rivers System website (23). 4.0 Reduction of Water Resource Issue Effects on Development Projects Section 4 of this fact sheet identifies the ways in which Wild and Scenic River planning and management can affect development project and project planning. 4.1 Siting and Construction of Development Project Planning considerations for reducing the effect of compliance with Wild and Scenic Rivers regulations on the development project features and mitigation measures are provided below. Land use property restrictions for development should be identified in the early stages of plan- ning to minimize time and budget used for project design.

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B-80 A Handbook for Addressing Water Resource Issues Affecting Airport Development Planning Relocation of the entire project to avoid Wild and Scenic River impacts may be a necessary if significant public or regulatory input is encountered. Having alternate sites for the develop- ment project, if feasible, may reduce delays if a change is made. In some cases, only portions of a project may need revision of project function or scope to avoid or minimize Wild and Scenic River impacts. Flexibility of development project design will allow for more opportunities to adapt to regulatory constraints as they arise. When assessing sites in early project planning phases, the presence of Wild and Scenic Rivers should be a significant factor in the decision-making matrix. If multiple projects are foreseen that may impact Wild and Scenic Rivers, use of erosion and sed- iment construction controls or post-construction water quantity and quality controls should be considered to minimize the cost and schedule implication associated with future project impacts. 4.2 Airport Operations Achieving compliance with Wild and Scenic River regulations is typically influenced by both construction-phase and post-construction airport operations. Methods reducing operational impacts associated with the integration of the development project planning with Wild and Scenic River compliance planning are provided below. Restrictions on location or types of airport operations (e.g., deicing, fueling, maintenance) that occur in areas tributary to the river. Maintenance required for structural water quantity and quality controls. Reduced revenue from tenant operations, parking areas, or buildings as a result of non- development for compliance. Reduced ability for future development due to use of available land. 4.3 Schedule and Sequencing The process for assessing, demonstrating, and implementing compliance measures for Wild and Scenic Rivers can be lengthy and integrally related to the planning, permitting, design, and construction of the development project itself. Items that typically have the most significant impact on schedule are shown in the table on the following page. The sequencing of these activities in relation to the development project is critical. Failure to adequately identify and collect data can be a significant setback in the ability to stay on schedule. Failure to integrate the permitting, design, and construction schedules for the development proj- ect can have cascading impacts on schedule as well. In most cases, the process for acquiring approvals will overlap to some degree with the imple- mentation of compliance measures and the overall development project implementation process. It is important to acquire project-specific schedule information from regulators, environmental compliance staff and consultants, design engineers and construction personnel to prepare an overall schedule that effectively integrates and sequences the project steps. The following aspects of management of the Wild and Scenic Rivers are major components of the schedule for assessing, demonstrating, and implementing compliance measures: Identification of potential impacts Coordination with regulatory agency Preparing documentation for NEPA Selection and design of additional controls, if required Construction of controls Project and proposed mitigation measures must be submitted to the Secretary of the Interior or the Secretary of Agriculture 60 days prior to the project starting. FAA cannot provide funding, licenses, or authorization until the Secretary of the Interior or the Secretary of Agriculture has approved the project.

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Water Resource Issue Fact Sheets B-81 If sufficient coordination with the river's managing agency has not occurred prior to the sub- mittal to identify adequate mitigation measures approved by the managing agency, and if miti- gation measures have not been incorporated into the NEPA documents, the Secretary may reject the submittal, delaying the project. 4.4 Project Costs Identification of Wild and Scenic Rivers in the vicinity of the airport is important to identify potential project costs. This knowledge can help to inform decisions about project siting and agencies or stakeholders that require consultation. These entities may help identify the most cost- effective solutions for avoiding or mitigating for potential impacts. The following items may result in significant incurred cost by minimizing adverse effects to Wild and Scenic Rivers: Additional erosion and sediment controls to mitigate project impacts during construction Water quality or water quantity controls Restrictions on airport operations (deicing, fueling, maintenance areas) Changes to project scope or layout Cost of coordination with the managing agency for the river Cost of preparing documentation for NEPA GUIDANCE FOR . . . Reducing Potential Cost and Schedule Impacts Item Factors that Can Reduce Cost and Shorten Schedule Water Resources Understand location of Wild and Scenic Rivers early Inventory in the project implementation process. Modeling, Calculations, Identify appropriate level of detail and specific and Analyses methods required by agencies when calculating water quality-related impacts. Data Collection Collect additional information beyond the project foot- print to ensure downstream impacts are avoided. Control Siting Identify potential sites in Conceptual Planning Phase. Design Implementation Design controls that meet the project needs outside of Wild and Scenic River corridors. Coordinate with development project construction. Staffing Identify the expertise needed, select qualified experts, and bring them in at the right time. Stakeholder Coordinate with regulators in Conceptual Planning Coordination and Detailed Planning Phases including discussions of funding, authorizing and NEPA lead agency, especially if impacts necessitate the need to ensure aircraft safety. Coordinate early with stakeholders such as airlines, regulators, various airport depart- ments, and communities to avoid multiple itera- tions of permitting and design. Maintenance Design project so that maintenance needs are minimal. Permit Acquisition or Coordinate permit approval documentation needs Approvals with agencies during the planning process.

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References for Appendix B 1. Wellhead Protection: A Guide for Small Communities. Office of Water, U.S. Environmental Protection Agency, Feb. 1994. www.epa.gov/nrmrl/pubs/625r93002/625r93002.pdf. 2. Groundwater. BLR. enviro.blr.com/analysis/water/groundwater/Ohio/. Accessed 2010. 3. Environmental Desk Reference for Airport Actions, Office of Airports, FAA, Oct. 2007. www.faa.gov/airports/ environmental/environmental_desk_ref/media/desk_ref.pdf. 4. Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), U.S. Environmental Protection Agency. www.epa.gov/lawsregs/laws/cercla.html. Accessed 2010. 5. Woolford, J. Memorandum: Summary of Key Existing EPA CERCLA Policies for Groundwater Restoration. U.S. Environmental Protection Agency, June 2009. www.epa.gov/superfund/health/conmedia/gwdocs/ pdfs/9283_1-33.pdf. 6. Cleary, E. and R. Dolbeer. Wildlife Hazard Management at Airports: A Manual for Airport Personnel, 2nd ed. FAA and U.S. Department of Agriculture, July 2005. wildlife.pr.erau.edu/EnglishManual/2005_FAA_ Manual_complete.pdf. 7. FAA Advisory Circular 150/5200-33B--Hazardous Wildlife Attractants On or Near Airports. FAA, USDOT. Aug. 2007. www.faa.gov/documentLibrary/media/advisory_circular/150-5200-33B/150_5200_33b.pdf. 8. FAA Fact Sheet--FAA Wildlife Hazard Mitigation Program. FAA, Jan. 2010. www.faa.gov/news/fact_sheets/ news_story.cfm?newsId=11105. Accessed 2010. 9. FAA Advisory Circular 150/5200-32A--Reporting Wildlife Aircraft Strikes. FAA, USDOT, Dec. 2004. www.faa.gov/documentLibrary/media/advisory_circular/150-5200-32A/150_5200_32A.pdf. 10. FAA Advisory Circular 150/5200-34A--Construction or Establishment of Landfills Near Public Airports. FAA, USDOT, Jan. 2006. www.faa.gov/documentLibrary/media/advisory_circular/150-5200-34A/150_ 5200_34a.pdf. 11. FAA Advisory Circular 150/5200-36--Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assess- ments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports. FAA, USDOT, June 2006. www.faa.gov/documentLibrary/media/advisory_circular/150-5200-36/150_5200_36.pdf. 12. Over Half of the American Population Lives within 50 Miles of the Coast. National Ocean Service, National Oceanic and Atmospheric Administration, Jan. 2009. oceanservice.noaa.gov/facts/population.html. Accessed 2010. 13. Coastal Development--Planning for a Sustainable Reef. Coastal Reef Alliance, 2005. www.coral.org/node/128. Accessed 2010. 14. Module 2, Lesson 8: Laws and Executive Orders--Coastal Areas. Emergency Management Institute, Federal Emergency Management Agency, Emmitsburg, MD, Jan. 2004. training.fema.gov/EMIWeb/IS/IS253LS/ EHP0208Summary.pdf. 15. Our Programs. Office of Ocean and Coastal Management, National Oceanic and Atmospheric Administra- tion, June 2010. coastalmanagement.noaa.gov/programs/welcome.html. Accessed 2010. 16. Coastal Zone Management Act and Related Legislation. Office of Health, Safety and Security, U.S. Depart- ment of Energy, Nov. 2009. www.hss.energy.gov/nuclearsafety/env/policy/czma.html. Accessed 2010. 17. John H. Chafee Coastal Barrier Resources System. U.S. Fish and Wildlife Service, Sept. 2009. www.fws.gov/ habitatconservation/cbra3.html. Accessed 2010. 18. Marine Protection, Research, and Sanctuaries Act. U.S. Environmental Protection Agency, Aug. 2009. www.epa.gov/history/topics/mprsa/index.htm. Accessed 2010. 19. Compensatory Mitigation in the Louisiana Coastal Zone. Louisiana Coastal Management Division, Baton Rouge, LA, April 2010. dnr.louisiana.gov/crm/coastmgt/cup/compensatory.asp. Accessed 2010. 20. Standard Environmental Reference--Environmental Handbook, Volume 1: Guidance for Compliance, Chap- ter 18: Coastal Zone. California DOT, Sacramento, Nov. 2008. www.dot.ca.gov/ser/vol1/sec3/special/ ch18coastal/chap18.htm. Accessed 2010. B-82

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Water Resource Issue Fact Sheets B-83 21. Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council--Wild & Scenic River Man- agement Responsibilities. USDA Forest Service, Portland, OR, March 2002. www.rivers.gov/publications/ management.pdf. 22. Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council --Wild & Scenic Rivers Act: Section 7. USDA Forest Service, Portland, OR, Oct. 2004. www.rivers.gov/publications/section-7.pdf. 23. National Wild & Scenic Rivers. National Fish and Wildlife Service, June 2010. www.rivers.gov. Accessed 2010. 24. Nationwide Rivers Inventory. National Center for Recreation and Conservation, National Park Service, April 2008. nps.gov/ncrc/programs/rtca/nri. Accessed 2010.