Environmental process | Environmental review | Water Quality
Water Quality process
Purpose
The purpose of addressing water quality (WQ) is to protect streams, lakes and wetlands from degradation of WQ.
Use this guidance to address potential impacts to surface waters such as runoff and physical alterations. The WQ section primarily addresses post-construction runoff and permanent physical alterations of waters. Guidance for Erosion Control should be used for construction related impacts.
Address WQ issues whenever a project adds new sources or additional water to existing water sources in the project area. Also address WQ issues for bridge construction and drainage modifications near sensitive water bodies since they will raise WQ issues.
Certain surface waters that require special consideration include calcareous fens, designated outstanding resource value waters, designated trout streams, trout lakes, and listed impaired waters.
Sensitive water bodies generally require special attention and early coordination. New construction and drainage modifications directing new or additional highway runoff to lakes, streams, and wetlands are also a concern. Consult with OES on any project with sensitive water bodies such as designated trout streams, trout lakes, calcareous fens, or outstanding resource values waters. These receive highway runoff and need special attention and coordination.
Projects that increases impervious surfaces (such as added lanes, wider paved shoulders, etc.) may raise WQ concerns that will need examination.
The project may require volume control, ponding, or other treatment of discharge water. If so, consult with OES and the District Hydraulics/Water Resources Unit. Discharges to Impaired Waters or waters with TMDL wasteload allocations may also need additional best management practices (BMPs).
New WQ non-degradation rules may require additional evaluation of WQ impacts for all waters.
Considerations for environmental document preparation
For all class I and III actions, ensure that all mitigation commitments are into the plans, specifications, and estimate (PS&E) package during final design.
Class I Actions (Environmental Impact Statement (EIS) Projects)
Scoping Documents (SD) and Scoping Decision Documents (SDD)
Conduct an early assessment of the magnitude of potential impacts and asses if there is a need for further study.
Draft EIS (DEIS)
Conduct an inventory of potential impacts for project alternatives. Contact the United States Army Corps of Engineers (USACE), United States Fish and Wildlife Service (USFWS), Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Natural Resources (MNDNR) to determine level of agency interest.
Public hearing
Include information on the potential impacts of various alternatives.
Final EIS (FEIS)
Include specifics of mitigation measures in the FEIS as well as any letters of coordination/concurrence.
Class II Actions (Categorical Exclusion (CATEX) Projects)
Assess WQ impacts and permit requirements. Discuss mitigation measures if appropriate in the CATEX.
Class III Actions (Environmental Assessment (EA) and EA Worksheet (EAW) Projects)
Conduct an inventory of potential impacts for project alternatives. Contact USACE, USFWS, Environmental Protection Agency (EPA), MPCA, and MNDNR to determine level of agency interest. Include the letters of coordination/concurrence in the EA or EAW.
Agencies involved
MPCA
The MPCA reviews and comments on EIS, EA, and EAW documents.
MPCA issues NPDES permits on non-tribal lands. These include the Construction Stormwater Permits, and MS4 Permits that contain standards and limitations for stormwater discharges.
The MPCA must provide a Section 401 WQ Certification or Waiver on all federal permits or licenses such as the Section 404 Permits. Individual Section 401 WQ Certification or Waiver is required for projects that require an Individual Section 404 Permit.
The MPCA also permits permanent dewatering of construction projects via an NPDES permit for discharge to surface waters or a State Disposal System Permit if the discharge is to an aquifer.
USACE, USFWS, and MNDNR
These agencies review and comment on EIS, EA, and EAW documents. MNDNR reviews the Early Notification Memo and gets copies of CATEXs for information purposes.
The MNDNR issues an Appropriations Permit for permanent dewatering operations.
EPA
EPA reviews and comments on the anticipated impacts and proposed mitigation for the proposed project in in EA and EIS projects. EPA also issues the NPDES permits and 401 reviews on most tribal lands. EPA may also review Individual 404/10 permits.
Permits and approvals
- Section 401 WQ Certification from MPCA, or EPA (on most tribal land)
- Section 404 Permit from USACE
- Watershed District Permit or review from a local watershed management organization
- Public Waters Work Permit from MNDNR
- NPDES Permit for construction runoff from MPCA, or EPA (on tribal land)
- NPDES MS4 permit specifies WQ treatment requirements in Urbanized Areas