South Texas Ephemeral Streams
and the Best Management
Practices to Protect these water
Resources
Misti Johnson, Juilana Morelli, Ryan Bayer
2014 Southwest Stream Restoration
Conference- San Antonio, Texas
Ephemeral Streams
●
Ephemeral Streams flow
for a short time during
and following storm
events
●
Are a major water
resource in South Texas
●
Have connections to
larger stream and river
systems
2
Oil and Gas Development in South
Texas
●
Oil and gas production and transmission facilities are exempt
from the National Pollutant Discharge Elimination System
(NPDES) under Clean Water Act (CWA)– Section 402(l)(2)
unless:
– They have had a discharge of pollutants over a Reportable Quantity
(e.g. oil sheen, TSS over TMDL limit, where applicable)
– They are degrading receiving water quality standards
●
Many developments are occurring near ephemeral streams
– Well Pads/Central Facilities
– Access Roads
– Pipelines
●
There are other regulatory and good land stewardship drivers
which should encourage protection of ephemeral streams
3
United States Army Corps of Engineers
(USACE)
●
●
●
Under Section 404 of the Clean Water Act (CWA), the USACE
regulates the discharge of dredged or fill materials into waters of the
United States.
The discharge of fill material includes, without limitation, the
placement of fill that is necessary for the construction of any
structure, infrastructure, or impoundment requiring rock, sand, dirt, or
other material for its construction (33 CFR 323).
Many oil and gas construction activities near ephemeral streams can
be authorized by a USACE Nationwide Permit (NWP)
– Well pads: NWP 18-Minor Discharge (possibility, not likely)
– Access roads: NWP 14- Linear Transportation
– Pipelines: NWP 12- Utility Lines
●
General Conditions (GC) of NWPs must be met, including:
– GC 8: Adverse effects from impoundments
– GC 9: Management of water flows
– GC 12: Soil erosion and sediment controls
4
Best Management Practices (BMPs)
●
Goal of BMPs is to protect ephemeral streams and meet
the GCs of USACE NWPs. Additionally, to keep the
landowners happy and minimize off site damages
●
Each and every situation will be unique and must be
evaluated for proper BMPs
●
Some important things to remember
– BMPs are only as good as the installation method
– BMPs they must be maintained
– BMPs need to be removed in there entirety once have served there
purpose.
5
Oil and Gas Development Near
Ephemeral Streams
#1
Access Road
Crossing of
Ephemeral
Stream
Well Pad
Access Road
Silt Fence
#1
Landowner’s
Pond
Rock
Gabion or
Sediment
Control Log
(anchored)
6
Problems seen at crossings of
ephemeral streams and access roads
7
Oil and Gas Development Near
Ephemeral Streams
#1
Access Road
Well Pad
#2
Landowner’s
Pond
8
Oil and Gas Development Near
Ephemeral Streams
Stockpiled Top
Soil
#1
Access Road
Road
Access
Topsoil
and/or
erosion
control
Silt fence
blanket
Well Well
Pad Pad
#2
Berms and
check dams
Grading to
outlets
Properly sized
outlets
Landowner’s
Pond
Landowner’s
Pond
#2
9
Problems seen at well pads near
ephemeral streams
10
Oil and Gas Development Near
Ephemeral Streams
#1
Access Road
Rock gabion or
sediment
control log
(anchored)
Well Pad
#2
Ephemeral Stream
P
i
p
e
l
i
n
e
#3
Stabilize side
slopes with
erosion control
matting or
hydromulch
P
i
p
e
l
i
n
e
Landowner’s
Pond
11
Problems seen with pipeline crossings
12
Oil and Gas Development Near
Ephemeral Streams
#1
Access Road
Well Pad
#2
Well Pad
P
i
p
e
l
i
n
e
Landowner’s
Pond
13
Conclusions
●
Oil and gas production and transmission facilities are
exempt from the NPDES under CWA Section 402(l)(2).
However, there are other regulatory and good land
stewardship drivers which should encourage protection of
ephemeral streams.
●
BMPs can be implemented to protect water resources
nearby and impacted by development.
14
Questions?
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