POST-CONSTRUCTION SITE RUNOFF CONTROLS

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1 POST-CONSTRUCTION SITE RUNOFF CONTROLS

2 Post-Construction Sub-Committee Members Shea Bolick, Bill Hailey Michael MacIntyre Steve Sands Scott Gentry Todd St. John Chris Costner Michael Layne Chester Patterson Scott Bryant City of Durham Mecklenburg County Hazen and Sawyer Amec Foster Wheeler Kimley-Horn City of Monroe City of Burlington City of Burlington / City of Spanish Fort, Alabama City of Raleigh

3 Getting here A lot accomplished in a relatively short timeframe thanks to the team! Kickoff session - January 31, 2017 in Burlington Two highly focused and productive sub-committee meetings information and reviews along the way Team s draft for the Post-Construction module ready by early June

4 Background for Post-Construction Federal Code (40 CFR Part ) Local Governments must implement a program to control stormwater discharges from new development and redevelopment including public projects, and ensure adequate long-term operation and maintenance of stormwater controls. Within North Carolina, compliance with 15A NCAC 02H Section.1000 effectively meets the Post-Construction Stormwater Runoff Control requirements

5 Just a few examples of permanent, structural Stormwater Control Measures (SCMs) Dry pond maintained or needs maintenance?

6 Dry Pond maintained or needs maintenance?

7 Wet Pond maintained or needs maintenance?

8 Bioretention maintained or needs maintenance?

9 Bioretention - maintained or needs maintenance?

10 Wet Pond maintained or needs maintenance?

11 Stormwater wetland maintained or needs maintenance?

12 Major Elements of Post-Construction Program Adequate legal authorities Stormwater Control Measures (SCMs) Plan reviews Inventory of projects with SCMs Deed restrictions and protective covenants Ensure long-term operation and maintenance of SCMs Inspections Educational materials and training for developers/owners Compliance tracking / enforcement actions Post-construction program for public/local government projects How to make all of this sustainable?

13 Stormwater Control Measures (SCMs) NPDES PERMIT PART II SECTION F (2)(b) BMP: Stormwater Control Measures (SCMs) Measurable Goal: The LOCAL GOVERNMENT shall adopt the State of North Carolina DEQ Stormwater Control Measure Design Manual or certify that the local Design Manual meets or exceeds requirements in the State s Manual. Minimum Control Measure (MCM) Do Stormwater Control Measures (SCMs) for the LOCAL GOVERNMENT Post- Construction Stormwater Management Program satisfy State requirements?

14 Stormwater Control Measures (SCMs) Sustainability Measures (draft) Has the LOCAL GOVERNMENT developed a local Design Manual for SCMs to best fit specific local needs and conditions for water quality protection and improvement? If YES, is the local Design Manual regularly reviewed and updated? If NO, is the LOCAL GOVERNMENT considering development of a local Design Manual or other? Has the LOCAL GOVERNMENT considered or developed a local watershed management plan to help guide local stormwater management including postconstruction SCMs? Have approved SCMs been reviewed, modeled, and/or monitored by the LOCAL GOVERNMENT for effectiveness and efficiency for meeting specific local pollutants of concern and needs and conditions for surface water quality protection and improvement?

15 Stormwater Control Measures (SCMs) Sustainability Measures (draft) Has the LOCAL GOVERNMENT reviewed or monitored SCMs associated with public transportation and other local public projects? Has the LOCAL GOVERNMENT developed strategies for implementing both structural and non-structural SCMs? Has the LOCAL GOVERNMENT developed processes, procedures, and recordkeeping to ensure effective long-term operation and maintenance of permanent, structural SCMs within the community? Does the LOCAL GOVERNMENT have a process to allow for new and/or innovative stormwater control measures that would be applicable for the local/regional community context?

16 Stormwater Control Measures (SCMs) Sustainability Measures (draft) Are any incentives established by the LOCAL GOVERNMENT, by ordinance or other approved mechanism, to encourage higher levels of performance from SCMs (beyond regulatory baselines) that would further help in advancing towards water quality goals? Has the LOCAL GOVERNMENT developed and maintained a website for its local stormwater program that includes information on post-construction program requirements and SCMs?

17 Plan Reviews NPDES PERMIT PART II SECTION F (2)(c) BMP: Plan Reviews Measurable Goal: The LOCAL GOVERNMENT shall conduct site plan reviews of all new development and redevelopment sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). Minimum Control Measure (MCM) Does the LOCAL GOVERNMENT conduct site plan reviews of new development and redevelopment sites and issue local stormwater management permits or approvals in accordance with post-construction site runoff controls requirements?

18 Plan Reviews Sustainability Measures (draft) Has the LOCAL GOVERNMENT identified staff training/experience requirements for implementation of the plan review and approval process? If YES, does the LOCAL GOVERNMENT require staff to be certificated through the NC DEQ Stormwater Reviewer Certification program? If NO, seek to identify and update staff training/experience requirements for heightened program sustainability. Are in-house projects by the LOCAL GOVERNMENT designed in accordance with applicable post construction requirements? If YES, are designers trained in post-construction stormwater control requirements and measures?

19 Plan Reviews Sustainability Measures (draft) Does the LOCAL GOVERNMENT utilize qualified professional consultants for project planning/engineering/design work and/or support for plan reviews? Are professional consultants selected based upon qualifications? Do contracts specify that post-construction stormwater control measures be incorporated into the design? Has the LOCAL GOVERNMENT developed local checklists for use during the design of post-construction stormwater control measures? If YES, does the LOCAL GOVERNMENT require the designer to submit the checklists?

20 Plan Reviews Sustainability Measures (draft) Does the LOCAL GOVERNMENT use a checklist/sop for conducting reviews of submitted plans? Does the LOCAL GOVERNMENT encourage a concept plan / pre-application meetings? If YES, does the LOCAL GOVERNMENT encourage that the meeting be held prior to the preliminary plan submittal? Does the LOCAL GOVERNMENT require a performance security / bond, letter of credit or other acceptable legal arrangement prior to issuance of permit?

21 Plan Reviews Sustainability Measures (draft) Has the LOCAL GOVERNMENT developed a written procedure for being notified by construction operators/owners of the completion of the installation of the stormwater control measures so that the post-construction inspection may be conducted? Does the LOCAL GOVERNMENT require as-built certifications to ensure that all stormwater control measures for the site conform to applicable and permitted performance standards? If YES, does the LOCAL GOVERNMENT require formal certification from the design professional that the stormwater control measures were constructed in accordance with the approved plan? If YES, does the LOCAL GOVERNMENT receive electronic copies of as-built information upon completion of new development and redevelopment sites? Is electronic as-built data for new development and redevelopment sites available in GIS?

22 Inventory of SCMs NPDES PERMIT PART II SECTION F (2)(d) BMP: Inventory of SCMs Measurable Goal: The LOCAL GOVERNMENT shall maintain an inventory of projects with post-construction structural SCMs installed and implemented at new development and redevelopment sites, including both public and private, located within the permittee s jurisdictional authority. Minimum Control Measure (MCM) Does the LOCAL GOVERNMENT maintain an inventory of SCMs?

23 Inventory of SCMs Sustainability Measures (draft) Does the Post-Construction SCM inventory include basic information on each project? Is the Post-Construction SCM inventory data editable and updated when necessary? Are staff and resources available to maintain the inventory? Is electronic inventory data on post-construction structural SCMs for new development and redevelopment sites georeferenced or available in GIS? Does the Post-Construction SCM inventory include the drainage area associated with each SCM and/or is it available in GIS?

24 Inventory of SCMs Sustainability Measures (draft) Does the Post-Construction SCM inventory include the project nutrient info, amount of nutrients the SCM removes, and nutrient offset purchases, if and as applicable? Does the inventory include other information for special permitting conditions, such as trout or other high quality waters? Does the Post-Construction SCM inventory list/note actual regulatory requirements that SCM was designed to meet at approval? Does the Post-Construction SCM Inventory include links to design calculations, construction drawings, and/or as-built drawings/certifications? Does the Post-Construction SCM inventory include information for the securities/sureties associated with the permitted SCMs?

25 Inventory of SCMs

26 POST-CONSTRUCTION SITE RUNOFF CONTROLS Q&A