1. Oregon Department of Transportation Stormwater Management Initiative: Meeting New Challenges Presented by: William Fletcher, ODOT February 5, 2008

2. Water Quality Storm Cloud

3. Overview of Water Quality Issues  Regulation of stormwater is a state- wide and national issue  Development is causing more degradation of in-stream habitat  Copper at very low concentrations harms salmon  The Endangered Species Act has become the most stringent regulatory driver

4. Problem Statement Stormwater has become a major impediment to efficient ESA consultation process due to:  Changing criteria for effect determinations in ESA Section 7 consultations  Extension of the “action area” from the point of discharge to the sea

5. Effect Determinations  ODOT has based effect determinations on the change between pre-project and post project conditions

6. Effect Determinations  NMFS is basing Effect Determinations on the quality of the stormwater at the point of discharge

7. Current ODOT Action Area Definition  2-miles downstream from point of discharge  Rationale: Pollutant load and concentration reduced by sedimentation and dilution Action Area

8. NMFS Proposed Action Area Definition  From point of discharge to the ocean  Rationale: Dissolved pollutants stay in water column for length of fluvial system

9. Impact to ODOT’s Program  The expansion of the Action Area would require consultation for projects in large areas of Regions 4 and 5 that have never had to consult with NMFS before

10. Impact to ODOT’s Program  Increased project development costs and timelines to deal with additional consultations  Overwhelming of NMFS’ ability to process consultations  Potential for project deadlock if adversarial relationship develops between ODOT and NMFS

11. Impact to ODOT’s Program Nightmare Scenario  Required numeric standards  Monitoring to demonstrate compliance  Potential remediation requirements  Consultation gridlock

12. ODOT’s Goals Develop a streamlined stormwater treatment program to: Develop a streamlined stormwater treatment program to:  Provide ODOT and FHWA with certainty regarding scope, schedule, and budget  Meet all regulatory needs  Streamline the permitting process  Result in an overall environmental benefit and promote species recovery

13. Solution Strategy All solutions must be PermitableConstructibleMaintainable

14. Solution Strategy Collaborative approach that includes all of the interested parties –ODOT - USFWS –NMFS - ODFW –FHWA - EPA –DEQ

15. Solution Strategy Internal ODOT Participation  ODOT Environmental and Hydraulics Technical staff,  ODOT Office of Maintenance  ODOT Environmental Leadership Team, Technical Leadership Team, and Area Managers Team

16. Solution Strategy Twin tracks:  Technical: Develop the process and tools for effectively managing stormwater quality  Regulatory: Streamline the ESA consultation process

17. Strategy for Solutions: Technical  Clarify ODOT’s process for addressing stormwater management  Develop tools to select the most effective treatment for individual projects  Select design storms based on science

18. Strategy for Solutions: Regulatory  Articulation and clarification of Effect Determination criteria and thresholds  Develop tools for streamlined permitting: –Pilot projects to use the technical products in consultation –Programmatic approaches to consultation on stormwater issues

19. Effects Determinations  Agree that copper causes sublethal effects to listed salmonids  NMFS develops guidelines for Effects Determinations based on project elements and stormwater management Strategy for Solutions: Regulatory

20. Permitting Streamlining  Agree that if “effective” BMPs are used then stormwater has been treated to maximum extent feasible  Include Design Storms and Preferred BMPs in SLOPES IV  Explore ESA Programmatic with FHWA as Action Agency

21. Status: Technical  Project Development Process –Planning for stormwater management early in project development –Incorporate Low Impact Development techniques whenever feasible

22. Status: Technical  BMP Summary Reports Completed  BMP Selection Tool in development –Draft rating of BMP effectiveness –Preferred BMPs identified  BMP Selection Tool Users’ Guide to be developed

23. Status: Technical  Water Quality Design Storm has received preliminary acceptance  Flow Control Design Storm has an accepted upper limit, and lower limit is nearing acceptance

24. Status: Regulatory  Agreement that if “effective” BMPs are used, then stormwater has been treated to maximum extent feasible  We will not be held to numerical standards for ESA purposes

25. Status: Regulatory  NMFS has provided written guidance for effect determinations  NMFS has presented a draft guidance on stormwater effects action area  Pilot projects selected, with active work on one in Region 1  Proposal for a Stormwater Programmatic rejected

26. Status: Regulatory  SLOPES IV, incorporating the use of Preferred BMPs, and the Design Storms, has been reviewed by ODOT  Determined that for non-SLOPES projects, stormwater analysis and conditions can be inserted into consultations via “incorporation by reference”

27. Next Steps  Investigate desirability of developing a “SLOPES” with FHWA as the Action Agency  Reassess usefulness of a stormwater programmatic  Develop alternative “action area” definition

28. Next Steps Watershed Approach  Trading or banking of credits for small projects or projects that cannot meet water quality treatment goals  Mitigation for residual adverse effects from permitted projects

29. Definition of Success  When guidance is approved by regulatory partners  When tools and guidance are in use by project teams  When stormwater is no longer a contentious issue

30. Definition of Success Anticipated Benefits for ODOT  Stormwater solutions appropriate for the project  Certainty in project development and construction  Reduction in project delays  Support ODOT’s sustainability goals

31. Definition of Success Anticipated Benefits for Regulatory Agencies  Meet regulatory requirements  Well-defined terms and conditions that allow for flexibility in application  Protect ESA-listed fish  Protect Oregon’s water quality and wetland resources

32. Questions?