Transcript Gloucester County Stormwater Information Session October
Gloucester County Stormwater Information Session October 24, 2013
Gloucester’s Current Progress and Community Survey Assessment diligence
Partners in Gloucester’s SW Program Development Middle Peninsula Planning District Commission Draper Aden Associates Community professionals Attendees of this SW Session
Gloucester County Stormwater Information Session
Gloucester’s Current Progress and Community Survey Assessment diligence
Gloucester County state- submittal requirements ‘Grandfathering’ Water Quality and Quantity Runoff Reduction Method Water Quality Volume BMPs Energy Balance Equation Fees Role / Roll in to 2014 (and beyond) Discussion
Stormwater Program Adoption
state-mandated dates
-September 2011 -November 2012 -September 2009 -July 01, 2014- Program Implementation -December 15, 2013- FINAL (preliminary) Submittal to DEQ Staffing and Funding Plan Policies and Procedures Ordinance [April 1, 2014 FINAL Gloucester adopted Ordinance to DEQ] -April 2013- Gloucester submits ‘substantive progress’ deliverable to DCR Glenns Owl Trap Adner Pampa Woods Cross Roads Millers Landing Tanyard Landing Signpine Ark Pinetta Holly Beach Cash Hell Neck Harcum Dutton Pinero James Store Sassafras Bellamy Allmondsville Cappahosic Clay Bank Zanoni Roanes Robins Neck Clopton White Marsh Coke Ordinary Naxera Bray Landing Glass Severn Wicomico Hayes Perrin Bena Maryus Jenkins Neck Gloucester Point
GRANDFATHERING 4VAC50-60-48
A. Until June 30, 2019, any land-disturbing activity for which a currently valid proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the locality as being equivalent thereto, was approved by a locality prior to July 1, 2012, and for which no coverage under the General Permit for Discharges of Stormwater from Construction Activities has been issued prior to July 1, 2014, shall be considered grandfathered by the VSMP authority and shall not be subject to the technical criteria of Part II B, but shall be subject to the technical criteria of Part II C for those areas that were included in the approval, provided that the VSMP authority finds that such proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the locality as being equivalent thereto, (i) provides for a layout and (ii) the resulting land disturbing activity will be compliant with the requirements of Part II C. In the event that the locality-approved document is subsequently modified or amended in a manner such that there is no increase over the previously approved plat or plan in the amount of phosphorus leaving each point of discharge of the land-disturbing activity through stormwater runoff, and such that there is no increase over the previously approved plat or plan in the volume or rate of runoff, the grandfathering shall continue as before.
B. Until June 30, 2019, for locality, state, and federal projects for which there has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or for which the department has approved a stormwater management plan prior to July 1, 2012, such projects shall be considered grandfathered by the VSMP authority and shall not be subject to the technical criteria of Part II B, but shall be subject to the technical criteria of Part II C for those areas that were included in the approval.
C. For land-disturbing activities grandfathered under subsections A and B of this section, construction must be completed by June 30, 2019, or portions of the project not under construction shall become subject to the technical criteria of Part II B.
D. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C.
E. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
Statutory Authority §§ 10.1-603.2:1 and 10.1-603.4
of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 27, Issue 26, eff. September 13, 2011; amended, Virginia Register Volume 29, Issue 4, eff. November 21, 2012.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
GRANDFATHERING 4VAC50-60-48
A. Until June 30, 2019, any land-disturbing activity for which a currently valid proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the locality as being equivalent thereto,
was approved by a locality prior to July 1, 2012 , and for which no coverage under the General Permit for Discharges of Stormwater from Construction Activities has been issued prior to July 1, 2014 , shall be considered grandfathered by the VSMP authority and shall not be subject to the technical criteria of Part II B
, but shall be subject to the technical criteria of Part II C for those areas that were included in the approval, provided that the VSMP authority finds that such proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the locality as being equivalent thereto, (i) provides for a layout and (ii) the resulting land disturbing activity will be compliant with the requirements of Part II C. In the event that the locality-approved document is subsequently modified or amended in a manner such that there is no increase over the previously approved plat or plan in the amount of phosphorus leaving each point of discharge of the land-disturbing activity through stormwater runoff, and such that there is no increase over the previously approved plat or plan in the volume or rate of runoff, the grandfathering shall continue as before.
B. Until June 30, 2019, for locality, state, and federal projects for which there has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or for which the department has approved a stormwater management plan prior to July 1, 2012, such projects shall be considered grandfathered by the VSMP authority and shall not be subject to the technical criteria of Part II B, but shall be subject to the technical criteria of Part II C for those areas that were included in the approval.
C. For land-disturbing activities grandfathered under subsections A and B of this section, construction must be completed by June 30, 2019, or portions of the project not under construction shall become subject to the technical criteria of Part II B.
D. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C.
E. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
Statutory Authority §§ 10.1-603.2:1 and 10.1-603.4
of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 27, Issue 26, eff. September 13, 2011; amended, Virginia Register Volume 29, Issue 4, eff. November 21, 2012.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
IMPLEMENTATION OF THE VA STORMWATER MANAGEMENT REGULATIONS
GRANDFATHERING PROVISION
GUIDANCE DOCUMENT
The distinction is stormwater runoff quantity and quality design-
•
Technical Criteria Part IIB effective July 01, 2014
•
Technical Criteria Part IIC current design criteria
Projects may be grandfathered
The following conditions must be met: The land-disturbing activity for which a currently valid proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the locality as being equivalent thereto, must be approved by a locality prior to July 1, 2012; No coverage under the VSMP General Permit for Discharges of Stormwater from Construction Activities has been issued prior to July 1, 2014; The document approved by the locality must include a layout; and The document approved by the locality must include sufficient information for the locality to find that the resulting land-disturbing activity will be compliant with the requirements of the post development design criteria found in Part II C.
http://www.deq.virginia.gov/Portals/0/DEQ/Water/ChesapeakeBay/Grandfathering%20Provision.pdf
Projects may be grandfathered
The following conditions must be met: County-approved plan prior to July 01, 2012
YES
VSMP prior to July 01, 2014
NO
No Part IIB Yes Part IIC Until 6/30/19
NO
Completed by 6/30/19 The land-disturbing activity for which a
currently valid
proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any
document determined
by the locality as being equivalent thereto, must be
approved by a locality prior to July 1, 2012
;
NO
Incomplete sections subject to Part IIB No coverage under the VSMP General Permit for Discharges of Stormwater from Construction Activities has been issued prior to July 1, 2014; http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
Projects may be grandfathered
County-approved plan prior to July 01, 2012
YES
VSMP prior to July 01, 2014
NO
No Part IIB Yes Part IIC Until 6/30/19
NO
Completed by 6/30/19
NO
Incomplete sections subject to Part IIB • For land-disturbing activities grandfathered under this section, •
construction must be completed by June 30, 2019, or
•
portions of the project not under construction shall become subject to the technical criteria of Part II B.
• 4VAC50-60-48C http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
Projects may be grandfathered
The following conditions must be met: County-approved plan prior to July 01, 2012
YES
VSMP prior to July 01, 2014
NO
No Part IIB Yes Part IIC Until 6/30/19
NO
Completed by 6/30/19 The land-disturbing activity for which a
currently valid
proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any
document determined
by the locality as being equivalent thereto, must be
approved by a locality prior to July 1, 2012
;
NO
Incomplete sections subject to Part IIB No coverage under the VSMP General Permit for Discharges of Stormwater from Construction Activities has been issued prior to July 1, 2014; http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
Projects may [qualify for design w Tech Crit. Part IIC] be grandfathered
Eligible for County-approved plan ‘Business as usual’ at prior to July 01, 2012 YES VSMP prior to July 01, 2014 YES time of issuance two permit extensions
4VAC50-60-47.1
Beginning with the [SW] permits
issued July 1, 2009 … all activities that receive permit coverage • shall be conducted in accordance with the technical criteria •
in place at time of state permit coverage and
• shall remain subject to those criteria for an additional two permit cycles (2014-19 & 2019-24).
4VAC50-60-47.1.
Time limits on applicability of approved design criteria.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-47.1
Projects may be grandfathered
• 4VAC50-60-47.1
County-approved plan prior to July 01, 2012
NO
Approved after July 01, 2012 and Before July 01, 2014
YES
Tech Criteria
Part IIC
VSMP prior to July 01, 2014
YES
Eligible for two permit cycles of Part IIC
Beginning with the [SW] permits
issued July 1, 2009 (thru 2014) … all activities that receive permit coverage shall be conducted • in accordance with the technical
criteria
• in place at time of state permit coverage and • shall remain subject to those criteria for an additional two permit cycles (2014-19 & 2019-24).
4VAC50-60-47.1.
Time limits on applicability of approved design criteria.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
Projects may be grandfathered
County-approved plan prior to July 01, 2012
NO
Approved after July 01, 2012 and Before July 01, 2014
YES
Tech Criteria
Part IIC
VSMP prior to July 01, 2014
YES
VSMP prior to July 01, 2014
NO
No Part IIB Yes Part IIC Until 6/30/19
NO
Completed by 6/30/19
YES
Eligible for two permit cycles of Part IIC
NO
Incomplete sections subject to Part IIB http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48 • For land-disturbing activities grandfathered under this section, •
construction must be completed by June 30, 2019, or
•
portions of the project not under construction shall become subject to the technical criteria of Part II B.
• 4VAC50-60-48C
Projects may be ‘grandfathered’
County-approved plan prior to July 01, 2012
YES NO
Approved after July 01, 2012 and Before July 01, 2014
YES
Tech Criteria
Part IIC
VSMP prior to July 01, 2014
YES
Eligible for two permit cycles of Part IIC VSMP prior to July 01, 2014
NO
No Part IIB Yes Part IIC Until 6/30/19
NO
Completed by 6/30/19
NO
Incomplete sections subject to Part IIB
YES
‘Business as usual’ at time of issuance Eligible for two permit extensions 4vac50-60-47.1
Beginning with the [SW] permits
issued July 1, 2009 (thru 2014) … all activities that receive permit coverage shall be conducted • in accordance with the technical criteria • in place at time of state permit coverage and • shall remain subject to those criteria for an additional two permit cycles (2014-19 & 2019-24).
4VAC50-60-47.1.
Time limits on applicability of approved design criteria.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC50-60-48
•
Technical Criteria Part IIB and Part IIC
The Key Differences in Application
Part IIC
(Now)
Grandfathered/ Prior to July 1, 2014
Impervious Surface 0.5 inches of Runoff
Design Elements Land Use(s)
Part IIB
(Then)
After July 1, 2014
Forest/Open Space, Turf, Impervious 1.0 inches of Rainfall
Event
Average land condition/ technology based
New Design Criteria
0.41 lbs./ac/yr. P 10% reduction P Simple Method
Redevelopment Criteria
<1 acre-10% Reduction P, >1 acre -20% Reduction P Runoff Reduction
Compliance Methodology
Energy Balance Minimum Standard 19 Quantity Control
http://www.deq.virginia.gov/Programs/Water/LawsRegulations Guidance/Guidance/StormwaterManagementGuidance.aspx
Runoff Reduction Method [Virginia]
•
Technical Criteria Part IIB
Runoff Reduction Method
§ 62.1-44.15:24 . Definitions
[formerly 10.1-603.2]
“Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.
BMP Clearinghouse
http://vwrrc.vt.edu/swc/NonProprietaryBMPs.html
Energy Balance Equation
Virginia has modified channel protection sizing criteria to address peak discharge and volume together, DEQ presumes the velocity will be adequately managed as well. Post-development peak flow rates of runoff from 1-year, 24-hour storm at the development site are reduced to below the respective peak rates of runoff for the site based on (1) the pre-development land cover, if discharging to a natural stream channel that is in stable condition, or (2) good forested condition (e.g., for NRCS method, a cover type of “woods” and a hydrologic condition of “good”), if discharging to a natural stream channel that already has excessive erosion. Both of these formulas take runoff volume into account. These reductions result in a proportional improvement and are computed using the Energy Balance Equation.
Virginia has modified channel protection sizing criteria to address peak discharge and volume together, DEQ presumes the velocity will be adequately managed as well.
SWMHandbook/Chap2010, p10-13
Post-development peak flow rates of runoff from 1-year, 24-hour storm at the development site are reduced to below the respective peak rates of runoff for the site based on (1) the pre-development land cover, if discharging to a natural stream channel that is in stable condition, or (2) good forested condition, if discharging to a natural stream channel that already has excessive erosion. Both of these formulas take runoff volume into account. These reductions result in a proportional improvement and are computed using the Energy Balance Equation.
Channel Adequacy
Any plan approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5 year, two-year, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming …
§ 62.1-44.15:52 . Virginia Erosion and Sediment Control Program 4VAC50-30-40. Minimum standards 9VAC25-840-40. Minimum standards.
FEES
Gloucester has not established the range of fees for permit issuance / plan review.
The state expects a portion [28%] of the stormwater permit fee for program administration / oversight. Project fees based upon land disturbance.
State fees are established (yet may be subject to review and adjustment).
FEES
FEES
FEES
FEES
FEES
FEES
FEES
Considerations of Professionals Development, Design, Construction And beyond
Certain Licensed Professionals are automatically certified as ESC Plan Reviewers. However, they must be certified to conduct ESC inspections or perform as an ESC Program Administrator.
In the area of SWM, those professionals are not automatically certified and must obtain a certificate of competence if they are performing the duties of a VSMP Program Administrator, Inspector or Plan Reviewer.
The opportunity as a third-party inspector may also yield additional certification opportunities. [DEQ Knowledge Center]
Third party inspections 4VAC50-60-114. Inspections.
A. The VSMP authority shall inspect the land-disturbing activity during construction for: 1. 2. 3. 4.
B. The VSMP authority shall establish an inspection program that ensures that stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities. Inspection programs shall: 1. Be approved by the board; 2. Ensure that each stormwater management facility is inspected by the VSMP authority, or its designee, not to include the owner, except as provided in subsections C and D of this section, at least once every five years; and 3. Be documented by records.
C. The VSMP authority may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection B of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an
appropriate certificate of competence from the board.
General Notice - Public Comment Opportunity On Proposed Revisions to the Virginia Stormwater Management Regulations Date Posted: 10/18/2013
The proposed amendments include (i) clarification of existing requirements regarding time limits on applicability of approved design criteria and grandfathering; (ii) clarification that land-disturbing activities previously covered under the General Permit issued July 1, 2009 are not required to have a stormwater management plan approved by a VSMP authority; (iii) addition of provisions for a stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the entire common plan of development; (iv) clarification that the 10-year postdeveloped peak rate of runoff shall not exceed the 10-year predeveloped peak rate of runoff measured at each point of discharge from the land disturbance; (v) addition of provisions that would allow the Department to enter into agreements with a VSMP authority to collect the total fee to be paid by an applicant and transmit the Department portion to the Department; (vi) clarification of the fee language, including clarification that the total fee to be paid by an applicant applies to an operator seeking new or continued coverage under a July 1, 2014 General Permit; (vii) clarification that the fees for modification or transfer of General Permit coverage does not apply until assessed by VSMP authority; and (viii) updates the date of incorporation by reference for the Virginia Runoff Reduction Method.
•
General Notice - Public Comment Opportunity On Proposed Revisions to the Virginia Stormwater Management Regulations
Date Posted: 10/18/2013
The proposed amendments include (i) clarification of existing requirements regarding time limits on applicability of approved design criteria and grandfathering; (ii) clarification that land-disturbing activities previously covered under the General Permit issued July 1, 2009 are not required to have a stormwater management plan approved by a VSMP authority; (iii) addition of provisions for a stormwater management plan for a land disturbing activity shall apply the stormwater management technical criteria to the entire common plan of development; (iv) clarification that the 10-year postdeveloped peak rate of runoff shall not exceed the 10-year predeveloped peak rate of runoff measured at each point of discharge from the land disturbance;
•
General Notice - Public Comment Opportunity On Proposed Revisions to the Virginia Stormwater Management Regulations
Date Posted: 10/18/2013
The proposed amendments include (cont.) (v) addition of provisions that would allow the Department to enter into agreements with a VSMP authority to collect the total fee to be paid by an applicant and transmit the Department portion to the Department; (vi) clarification of the fee language, including clarification that the total fee to be paid by an applicant applies to an operator seeking new or continued coverage under a July 1, 2014 General Permit; (vii) clarification that the fees for modification or transfer of General Permit coverage does not apply until assessed by VSMP authority; and (viii) updates the date of incorporation by reference for the Virginia Runoff Reduction Method.
•
Technical Criteria Part IIB
Runoff Reduction Method
•
•
Such standards shall also apply to land-disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations.
What are provisions of tech part ii a and b
What are provisions of tech part ii a and b
What are provisions of tech part ii a and b