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Water Resources and Wetlands

Several laws and Executive Orders (including Clean Water Act, Rivers and Harbor Act, Coastal Zone Management Act, Floodplain Management) require that all proposed federally funded projects undergo assessments to determine the impacts on the natural environment resulting from projects.

Baseline data is assessed for all projects. Surveys are performed to inventory the resources in the vicinity of the proposed project. This data contains information on streams, wetlands, vernal pools, floodplains, and terrestrial ecosystems. The resource assessment and any other resource-specific reports are used to coordinate the project impacts with the resource agencies in order to solicit comments and approvals.

Clean Water Act Guidance

Clean Water Act Guidance

Clean Water Act (33 U.S.C. 1251-1387 o Section 404, 33 U.S.C. 1344 o Section 401, 33 U.S.C. 1341)

Section 401 of the Clean Water Act (CWA) prohibits federal permitting or licensing agencies from issuing authorizations for construction activities having discharges into navigable waters, until the appropriate water quality certifying agency has issued a water quality certification (WQC) or waiver procedures have been satisfied.

Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation. This permit is obtained post NEPA but prior to construction. Water Quality Certification(WQC) (Section 401). The Maine Department of Environmental Protection (DEP) and Land Use Planning Commission (LUPC) have combined the decision concerning WQC with the review of an application for a state permit that already requires compliance with state water quality standards. MaineDOT complies with Section 401 through the issuance of WQC with a state permit or by meeting an exemption. Section 404. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States. The issuance of an Army Corps of Engineers General Permit, Individual permit or exemption satisfies Section 404 of the Clean Water Act.

Coastal Barrier Resources Water Act Guidance

Coastal Barrier Resources Water Act Guidance

Coastal Barrier Resources Act (16 U.S.C. 3501-3510)

Coastal Barrier Guidance (PDF)

The Coastal Barrier Resources Act (CBRA) established the Coastal Barrier Resources System (CBRS) and was enacted to minimize the loss of human life, wasteful expenditure of federal revenues, and the damage to fish, wildlife and other natural resources associated with the coastal barriers along the Gulf Coast. Projects within the CBRS may not receive federal funding unless they are in compliance and meet an exception to the CBRA.

Coastal Zone Management Guidance

Coastal Zone Management Guidance

Coastal Zone Management Act (16 U.S.C. 1451-1466)

The Coastal Zone Management Act (CZM) requires all projects located within the designated coastal zone of a state to be consistent with the state's federally approved CZM plan. The CZM grants Maine and other coastal states that have an approved coastal management program the authority to review federal activities, federal license or permit activities, and federal funded activities to ensure that federal actions that may affect its coastal area meet the "enforceable policies" of the state's coastal program. The process by which a state decides whether a federal action meets its enforceable policies is called federal consistency review.

In Maine, standards and criteria of state environmental permitting and licensing laws and regulations serve as the enforceable policies of the Maine Coastal Program (Coastal Zone Management (CZM)) and are satisfied through the issuance of a Maine Department of Environmental Protection permit or by meeting an exemption.

General Bridge Act Guidance

General Bridge Act Guidance

General Bridge Act, 33 U.S.C. 525-533

The General Bridge Act of 1946 requires the location and plans for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States be approved by the Secretary of the department in which the Coast Guard is operating before construction is commenced, and, in approving the location and plans of any bridge, the Secretary may impose any specific conditions relating to the maintenance and operation of the structure which the Secretary may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law.

The Environmental Office works with the Project Development Bridge Program to comply with the General Bridge Act. If a project is not exempt from a bridge permit, then the Bridge program will apply for a Bridge Permit from the U.S. Coast Guard.

Rivers and Harbors Act Guidance

Rivers and Harbors Act Guidance

Rivers and Harbors Act (33 U.S.C. 401-406)

Section 10 of the Rivers and Harbors Act of 1899 requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the construction of any structure in or over any navigable water of the United states. Structures or work outside the limits defined for navigable waters of the United states require a Section 10 permit if the structure or work affects the course, location, or condition of the water body. The law applies to any dredging or disposal of dredged materials, excavation, filling, rechannelization, or any other modification of a navigable water of the United States and applies to all structures.

The issuance of an Army Corps of Engineers General Permit, Individual permit or exemption satisfies the Rivers and Harbors Act.

Safe Drinking Water Guidance

Safe Drinking Water Guidance

Safe Drinking Water Act (42 U.S.C. 300f - 300j-26)

The Safe Drinking Water Act protects public health by regulating the nation’s public drinking water supply. The law requires actions to protect drinking water and its sources—rivers, lakes, reservoirs, springs, and ground water wells.

MaineDOT complies with the Safe Drinking Water Act through the MaineDOT/Maine DEP Stormwater MOA, the Maine DEP Pollution Discharge Elimination System Permits, MaineDOT Best Management Practices for Erosion and Sedimentation Control, and review and protection of Sole Source Aquifers.

Wild and Scenic Rivers Guidance

Wild and Scenic Rivers Guidance

Wild and Scenic Rivers Act (16 U.S.C. 1271-1287)

The Wild and Scenic Rivers Act prohibits the issuance of any federal permit for construction of projects having adverse impacts on a river with values qualifying it for protection under this act.

MaineDOT complies with Section 7 of the Wild and Scenic Rivers Act and 36 CFR 297. (Fact sheet, Publications). The Allagash River is designated as a Wild and Scenic River in Maine. No MaineDOT structures cross or are adjacent to the designated portion of the River. The York River is designated as a Wild and Scenic River in Maine. MaineDOT is coordinating with the National Park Service (NPS) to develop a Programmatic Agreement for transportation assets within the York River watershed. MaineDOT will coordinate with the NPS on all projects located within the York Watershed.

Wetland Mitigation Guidance

Wetland Mitigation Guidance

Wetland Mitigation (23 U.S.C. 119(g), 133 (b)(14)

Allows for Natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include, participation in mitigation banking or other third-party mitigation arrangements; contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.

A compensatory mitigation plan for unavoidable impacts to resources is sometimes a required component of a permit application. The Environmental Office is responsible for evaluating possible mitigation opportunities and ensuring that an acceptable mitigation plan accompanies the permit applications. The Environmental Office works with the agencies to deliver a mitigation plan that satisfies 404 and 401 requirements, which can involve in-lieu fee payments.

EO Protection of Wetlands Guidance

EO Protection of Wetlands Guidance

E.O. 11990, Protection of Wetlands

Executive Order 11990 states that no federally approved project will occur in wetlands unless there is no practical alternative to constructing in the wetlands. Projects must ensure that the project design includes all practicable measures to avoid, minimize and mitigate wetland impacts.

The issuance of an Army Corps of Engineers General Permit, Individual permit or exemption satisfies Executive Order 11990. MaineDOT and FHWA also have a Programmatic Wetland Finding for Categorical Exclusions that satisfies this Executive Order.

EO Floodplain Management Guidance

EO Floodplain Management Guidance

E.O. 11988, Floodplain Management (PDF)

Floodplain Guidance (PDF)

Floodplain Supporting Information (PDF)

Executive Order 11988 requires federal agencies to avoid to the extent possible the long and short-term adverse impacts associated with the occupancy and modification of flood plains and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative.

EO Invasive Species Guidance

EO Invasive Species Guidance

E.O. 13112, Invasive Species

Executive Order 13112 requires each federal agency whose actions may affect the status of invasive species to prevent the introduction of invasive species and not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species.

Executive Order 13112 directs federal agencies to prevent the introduction and control the spread of invasive species. Invasive species are defined by the EO as “an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.” MaineDOT limits the introduction of invasive species by utilizing the following:

  1. Utilizing only non-invasive, native seed and mulch mix.
  2. Planting only native, non-invasive trees and plants
  3. Complying with the Army Corps of Engineers Permit stipulation regarding invasive species.
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