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Gloucester County Stormwater Information Session October 24, 2013 Gloucester’s Current Progress and Community Survey Assessment diligence.

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Presentation on theme: "Gloucester County Stormwater Information Session October 24, 2013 Gloucester’s Current Progress and Community Survey Assessment diligence."— Presentation transcript:

1 Gloucester County Stormwater Information Session October 24, 2013 Gloucester’s Current Progress and Community Survey Assessment diligence

2 Partners in Gloucester’s SW Program Development Middle Peninsula Planning District Commission Draper Aden Associates Community professionals Attendees of this SW Session

3 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

4 Stormwater Program Adoption state-mandated dates -September November September July 01, Program Implementation -December 15, FINAL (preliminary) Submittal to DEQ  Staffing and Funding Plan  Policies and Procedures  Ordinance [April 1, 2014 FINAL Gloucester adopted Ordinance to DEQ] -April Gloucester submits ‘substantive progress’ deliverable to DCR

5 GRANDFATHERING 4VAC 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 §§ :1 and 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,

6 GRANDFATHERING 4VAC 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 §§ :1 and 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,

7 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

8 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.

9 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; County-approved plan prior to July 01, 2012 YES No Part IIB Yes Part IIC Until 6/30/19 VSMP prior to July 01, 2014 Completed by 6/30/19 Incomplete sections subject to Part IIB NO

10 Projects may be grandfathered 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. 4VAC C County-approved plan prior to July 01, 2012 No Part IIB Yes Part IIC Until 6/30/19 VSMP prior to July 01, 2014 Completed by 6/30/19 Incomplete sections subject to Part IIB YES NO

11 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; County-approved plan prior to July 01, 2012 YES No Part IIB Yes Part IIC Until 6/30/19 VSMP prior to July 01, 2014 Completed by 6/30/19 Incomplete sections subject to Part IIB NO

12 Projects may [qualify for design w Tech Crit. Part IIC] be grandfathered 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 ( & ). 4VAC Time limits on applicability of approved design criteria. YES Eligible for two permit extensions 4VAC YES County-approved plan prior to July 01, 2012 VSMP prior to July 01, 2014 ‘Business as usual’ at time of issuance

13 Projects may be grandfathered 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 ( & ). 4VAC Time limits on applicability of approved design criteria. County-approved plan prior to July 01, VSMP prior to July 01, 2014 Tech Criteria Part IIC Approved after July 01, 2012 and Before July 01, 2014 NO YES 4VAC Eligible for two permit cycles of Part IIC

14 Projects may be grandfathered 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. 4VAC C County-approved plan prior to July 01, 2012 No Part IIB Yes Part IIC Until 6/30/19 VSMP prior to July 01, 2014 Completed by 6/30/19 Incomplete sections subject to Part IIB YES NO VSMP prior to July 01, 2014 Tech Criteria Part IIC Approved after July 01, 2012 and Before July 01, 2014 YES Eligible for two permit cycles of Part IIC

15 Projects may be ‘grandfathered’ 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 ( & ). 4VAC Time limits on applicability of approved design criteria. No Part IIB Yes Part IIC Until 6/30/19 Completed by 6/30/19 Incomplete sections subject to Part IIB YES NO Eligible for two permit extensions 4vac YES VSMP prior to July 01, 2014 Tech Criteria Part IIC Approved after July 01, 2012 and Before July 01, 2014 YES Eligible for two permit cycles of Part IIC County-approved plan prior to July 01, 2012 VSMP prior to July 01, 2014 ‘Business as usual’ at time of issuance

16 Technical Criteria Part IIB and Part IIC The Key Differences in Application Grandfathered/ Prior to July 1, 2014 Impervious Surface 0.5 inches of Runoff Average land condition/ technology based 10% reduction P Simple Method Minimum Standard 19 After July 1, 2014 Forest/Open Space, Turf, Impervious 1.0 inches of Rainfall 0.41 lbs./ac/yr. P <1 acre-10% Reduction P, >1 acre -20% Reduction P Runoff Reduction Energy Balance Design Elements Land Use(s) Event New Design Criteria Redevelopment Criteria Compliance Methodology Quantity Control Part IIBPart IIC (Now)(Then)

17 Runoff Reduction Method [Virginia] Guidance/Guidance/StormwaterManagementGuidance.aspx

18 Technical Criteria Part IIB Runoff Reduction Method “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. § :24. Definitions [formerly ] :24

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26 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.

27 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.

28 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 … § :52. Virginia Erosion and Sediment Control Program 4VAC Minimum standards 9VAC Minimum standards :52

29 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).

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37 Considerations of Professionals 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] And beyond Development, Design, Construction

38 Third party inspections 4VAC Inspections. A. The VSMP authority shall inspect the land-disturbing activity during construction for: 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 (§ 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

39 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.

40 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;

41 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.

42 Technical Criteria Part IIB Runoff Reduction Method

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44 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.

45 What are provisions of tech part ii a and b

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48 Questions / Discussion Contact Information- Scott Rae, Env. Prog. Admin


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