3-Acre Stormwater Permitting - Karen Adams, Colchester Public Works July 21, 2022 - Colchester, VT
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
3-Acre Stormwater Permitting
Karen Adams, Colchester Public Works
July 21, 2022
Why are we here?
• State has new rules that affect our shared stormwater permits, and
guidance has been very general.
• Town and HOAs/Commercial Business Parks (CBP) each have
responsibility as co-permittees to keep our permits in compliance.
While we are not the authority on these requirements, many of you
have reached out to us with questions.
• More efficient to meet all at once to share what we know.
2
Tonight’s Presentation
Overview of what we know about the 3-Acre Permit:
• why these new Rules were adopted,
• who is subject to them,
• what compliance requirements will be,
• when we need to comply,
• how to fund this process, and
• Next steps.
Town is available for future meetings to discuss site specifics.
3
Background
Impervious surfaces are hardened areas on the landscape where
rainfall cannot enter the ground, including:
Roads & Sidewalks
Driveways
Parking areas
Houses
Commercial Buildings
4
Background
Impervious surfaces create stormwater runoff important to manage
because what it carries, and how fast it moves, impacts water quality.
Without an effective stormwater
management system, stormwater can pick up
oils, debris, bacteria, and nutrients like
phosphorus and chloride and carry them to
waterways.
Stormwater moving quickly can cause erosion,
leading to property and roadway damage.
5
Background: Phosphorus
Phosphorus or “P” is naturally occurring, but with too much certain
plants and algae dominate an ecosystem. This can cause cyanobacteria
(blue-green algae) blooms, and cause stress to native fish, plants and
aquatic species.
Phosphorus is found in fertilizers, manure,
cleaning chemicals, pet waste, and soils, which
can easily enter stormwater runoff which impacts
water quality in the Lake.
6
Background, Continued Stormwater systems are designed for both conveyance & treatment. Conveyance: the network of pipes and structures that carry stormwater runoff to a treatment practice or a waterway. 7
Background, Continued Stormwater treatment refers to devices or techniques constructed to filter and remove pollutants from stormwater runoff, or reduce the quantity of runoff, before being directed to a waterway. 8
Background, Continued Since the early 1970s, stormwater management systems have been required by the State when development projects involve creating more than 1 acre of impervious. Design standards for these systems have evolved over time. 9
Background, Continued
• Pre 2002, system design prioritized conveyance
(get runoff from Point A to surface water at
Point B)
• 2002 was when stronger treatment standards
first adopted by State
• 2017 standards even more advanced
13-Acre Permit Rules: Why?
• EPA has designated Lake Champlain
as impaired by phosphorus, which
comes from variety of sources
• State requires each sector to reduce
phosphorus inputs to Lake as part
of Lake cleanup plan approved by
EPA in 2016
• 16% of phosphorus comes from
stormwater runoff
Source: Lake Champlain Basin Program, State of the Lake Report 2021
113-Acre Permit Rules: Who?
Because they were not constructed with
treatment in mind, State has identified systems:
1) Serving 3+ acres of impervious and
2) permitted pre-2002
as needing to be upgraded, by
retroactively incorporating treatment
into stormwater system design.
Goal of new rules is to reduce phosphorus inputs
to Lake Champlain from developed lands.
123-Acre Permit Rules: Who? • Our properties contain impervious surfaces that generate runoff draining to a stormwater system under a pre-2002 state stormwater permit. These permits are shared, which we call “co-permittee” permits. • These shared permits are subject to these new Rules. 13
Why are we co-permittees? (HOAs)
1) Developer proposes project creating >1 acre of impervious surface, requiring
stormwater management system under a state permit
2) Developer designs stormwater system to state standards, receives state permit
approval (as sole “permittee”), and constructs project
3) If Town agrees to accept ownership of some portion of the permitted
stormwater system, Town and developer enter into co-permittee maintenance
agreement
14Why are we co-permittees? (HOAs)
4) Once Town inspections have been completed, Town takes ownership of portion
of permitted stormwater system as agreed
5) Town joins stormwater permit with developer/HOA as “co-permittee”
6) Town and HOA operate as described in Agreement: Each maintain, inspect, and
report to state on our respective portions of system, and split fees to the state
based on % ownership of impervious surface authorized under permit.
*General description, exceptions exist
153-Acre Permit: Step 1 • Before current permit expires, permittees file initial paperwork and site plan with State • Once accepted, 18 months to complete Engineering Feasibility Analysis (EFA) • EFA involves assessment of existing system to determine upgrades needed to “best-fit” the stormwater system to filter, store, or soak up runoff 16
3-Acre Permit: Step 2
• After EFA complete, engineer reviews results
with Town and property owners to discuss
needed improvements
• Full engineering of improvements
• At end of 18 months EFA results, construction
plans, permit renewal fees and application to
State
173-Acre Permit: Step 3
Once permit application
approved, 5 years provided to
construct improvements
183 Acre Permit: How?
Town Perspective:
• While we are equal permittees in eyes
of state, most efficient and effective for
town to hire one engineer to perform
EFAs for all sites
• Goal is to achieve compliance with
lowest costs possible for both parties
193 Acre Permit: How? Town Perspective: • Town would closely follow and pursue rebate, grant, or other funding opportunities available - Grants usually require 20% matching funds • Remaining costs (including any grant match) would be split with HOA/CBP consistent with existing fee-sharing agreement, based on % ownership of impervious surface 20
3 Acre Permit: Funding
Funding Example – Town approach to EFAs
• State has proposed a rebate process for
EFA costs
• Town would initially pay for EFA
engineering services
• Once EFA complete, Town submit
application for rebate
• Town would apply rebate to EFA costs
• Remaining costs split between
Town/HOA according to agreement
*Info based on presentation by State Stormwater Program in April 2022
213 Acre Permit: Funding
Funding of Construction Phase
• State has indicated they intend to
develop programs to fund construction
but still TBD as of July
• Town will follow this closely and
prepare to take advantage of any
available funding opportunities to
benefit all parties (Town, HOA, CBP)
22Frequently Asked Questions
FAQ
Q: Is there an example of what these types of
upgrades might look like?
24Modern Site Example: Town Offices
Roof runoff directed
to small rain garden
Parking lot
runoff sent to
large settling basin
25Site Example Cont: Town Offices All practices eventually directed to outfall behind police station near Smith Creek Recently upgraded to provide plunge pool at discharge location to reduce erosion 26
FAQ
Q: What are the deadlines for our permit?
273 Acre Permit: Specific Deadlines
Permit Name Initial Paperwork Full NOI Due Expected
Due (EFA Complete) Construction
Deadline
Blakely Woods January 2023 July 2024 July 2029
Brentwood Park January 2023 July 2024 July 2029
Carriage Hill January 2023 July 2024 July 2029
Creekside Park January 2023 July 2024 July 2029
Hollow Creek January 2023 July 2024 July 2029
Meadows Industrial Park January 2023 July 2024 July 2029
Sunderland Woods January 2023 July 2024 July 2029
Valleyfield July 2023 January 2025 January 2030
Water Tower Hill January 2023 July 2024 July 2029
Whispering Pines August 2023 March 2025 March 2030
*Deadlines based on existing permit expirations and information available as of July 2022.
28FAQ
Q: What is the “% impervious” breakdown in the
maintenance agreement for our permits?
How are EFA rebates going to be calculated?
29EFA Rebate Process/Cost Share
Permit Name Projected EFA Public Cost Private Cost
Rebate Amount Share Amount Share Amount
(Impervious %) (Impervious %)
Blakely Woods $7,000 66% 34%
Brentwood Park $9,000 12% 88%
Carriage Hill $7,000 76% 24%
Creekside Park $9,000 34% 66%
Hollow Creek $9,000 33% 67%
Meadows Industrial Park $9,000 Not available
Sunderland Woods $9,000 47% 53%
Valleyfield $8,000 34% 66%
Water Tower Hill $9,000 8% 92%
Whispering Pines $9,000 70% 30%
*Rebate information based on State’s draft formula of $1k + $2k/acre, up to $9k total.
Impervious coverage percentages based on existing maintenance agreements.
30Q: What about the stormwater fee I pay the
Town?
31Town Stormwater Fees
• Town stormwater charges are entirely separate from any fees paid
by Town, HOAs, and CBPs to State for permitting program costs
• Town charges are collected from all Colchester property owners
including the Town, and support Town stormwater program (system
assessments, maintenance, repairs, upgrades, permit compliance,
testing, water quality plans, staff time for grant writing and project
oversight)
• Town obligations are funded by Town property owners.
323 Acre Permit: Recap • State has adopted new stormwater management rules to clean up Lake Champlain • Properties with existing stormwater permits subject to new rules will require engineering assessments over next 2 years • Town proposes to initially fund assessments, receive rebates, and remaining costs will be split between co- permittees • Construction of upgrades will need to be completed within 5 years of EFA submittal, with costs split by co-permittees 33
3 Acre Permit: Next Steps • Closer to filing deadlines, Town will be reaching out for signatures on initial paperwork • Please fill out sign in sheet for your permit to indicate your wish to stay cc’ed on correspondence • Town will ask for 1 point person from HOAs (board president, etc) • Open to future discussions with property owners 34
General Questions?
You can also read
