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Home My WebLink AboutAgenda 05_MS-21-03_239 Spear St_City of SBurl_stormCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD MS-21-03_239 Spear St_City of SBurl_stormwater_2021- 08-03 DEPARTMENT OF PLANNING & ZONING Report preparation date: July 22, 2021 Application received: June 28, 2021 239 Spear Street Miscellaneous Application #MS-21-03 Meeting date: August 3, 2021 Owner City of South Burlington 180 Market Street South Burlington, VT 05403 Applicant Tom DiPietro South Burlington Department of Public Works 104 Landfill Road South Burlington, VT 05403 Property Information Tax Parcel 1640-00239 Institutional & Agricultural South Zoning District Engineer Aldrich & Elliott Water Resources Engineer, Inc. 6 Market Place, Suite 2 Essex Junction, VT 05452 Location Map #MS-21-03 Staff Comments 2 PROJECT DESCRPTION Miscellaneous permit application #MS-21-03 of the City of South Burlington Department of Public Works for stormwater upgrades on Spear Street. The upgrades consist of constructing a gravel wetland in an existing Class 3 wetland and wetland buffer, 239 Spear St. CONTEXT The improvements are proposed to take place on one parcel which is owned by the City of South Burlington. The property is located within the Institutional & Agricultural South Zoning District. The project area is abutted by golf course to the north, the City of Burlington (part of the golf course) to the west, the UVM Forestry School to the south, and the UVM farm complex to the east. COMMENTS Development Review Planner Marla Keene (“Staff”) has reviewed the plans submitted on 6/28/2021 and offer the following comments. Numbered items for the Board’s attention are in red. 3.12 Alteration of Existing Grade A City permit is needed for the placing or removing of fill on land when the amount is equal to or greater than 20 cubic yards except when incidental to or in connection with the construction of a structure on the same lot. Based on the provided information, the applicant is proposing to remove 9,400 cubic yards of common borrow material and import engineered material to create the proposed stormwater treatment practices. Provided site plans show the soil to be removed and the material to be placed as well as the existing grade and the proposed grade created by removal or addition of material. B. Standards and Conditions for Approval. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of these Regulations. (d) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. Permit #CENAE-RDC-62, issued by the U.S. Army Corps of Engineers (USACE) on July 22, 2021 requires work to commence by December 6, 2022 and complete by December 6, 2023. Staff recommends the Board adopt the same duration. The applicant has provided an erosion control detail sheet, sheet 7, which shows a layout for construction access and excavation stockpile. They have also shown some of their erosion prevention and sediment control measures on the proposed site plan, sheet 2. They have also submitted a #MS-21-03 Staff Comments 3 landscaping plan, sheet 4, which illustrates how the site will be rehabilitated at the completion of construction. Staff recommends the Board consider the proposed grade to be pre-construction grade at the completion of the project. It is unlikely that this area would be used for construction of a structure in the future. Article 12: Surface Water Protection Standards The Project includes impacts to approximately 0.037 acres (1,600 sf) of Class III wetland and 0.5 ac (22,000 sf) of Class III wetland buffer. 12.02E Standards for Wetland Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. The State wetlands program does not regulate Class III wetlands or their buffers. Therefore the Board cannot make use of on the findings of the Wetlands Program for evaluating compliance with the standards for wetland protection. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; The Project expands the size of the existing depression and converts it from a natural wetland to a gravel treatment wetland. Staff considers the ability of the wetland to store flood waters will increase. (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; The applicant has provided the following information in their cover letter: Construction of this stormwater treatment wetland will help the City meet requirements under our existing MS4 permit. The project will reduce flows to Potash Brook and move us closer to the flow reduction target indicated in the Potash Brook Stormwater TMDL and Flow Restoration Plan. The project will also remove phosphorus as required by the City’s Phosphorus Control Plan. Finally, construction of the project will help BCC [Burlington Country Club] comply with “3-Acre” stormwater requirements in the 3-9050 permit. The proposed gravel wetland will provide treatment for runoff from approximately 5 acres of impervious surfaces, consisting of private homes; buildings, driveways and cart paths within Burlington Country Club; and Spear Street. The existing wetland is indicated as receiving runoff from an existing underground stormwater conveyance pipe. Based on verbal communication with #MS-21-03 Staff Comments 4 Staff, it is unknown the exact drainage area of the existing wetland, but is likely to include the golf course and some ancillary impervious surfaces running off to the golf course as sheet flow. Staff considers that since the proposed gravel wetland treatment system will capture and treat runoff from additional impervious surfaces, this criterion is met. (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. 1. The provided wetland classification report (#202-763) indicates the wetland was delineated by desktop review only and does not provide any of the presumptions of significance. Therefore no discussion of functions and values are provided. Staff recommends the Board ask the applicant to describe which of the functions and values, however minor, the wetland provides, and how the proposed measures will provide mitigation. The ten functions and values are as follows. (i) water storage (ii) water quality protection (iii) fish habitat (iv) wildlife habitat (v) sensitive species (vi) exemplary communities (vii) education and research (viii) recreation (ix) open space (x) erosion control In terms of landscaping, the project proposes to remove a 28 to 94 foot wide wooded area along Spear Street. The trees in this area are not individually demarcated. The applicant describes them as +/- 7-inch aspen and elm. As mitigation, the applicant is proposing a row of cedar trees. Staff considers this tree clearing and replacement with cedars will result in an appreciable change in the appearance of the wetland area. Section 7.01E of the LDR requires screening between structures in the Institutional-Agricultural district and residential zoning districts if the non-residential structure is located within 65-feet of the district boundary. Section 3.06I of the LDR requires screening and a buffer strip between non-residential uses and the residential zoning district where the use is within 50-feet of the district boundary. 2. Acknowledging the above referenced sections of the LDR are not applicable because the project is located approximately 400-ft south of the nearest residential zoning district, Staff recommends the Board discuss the tree removal with the applicant. The applicant has indicated the total landscaping cost is $12,500, which includes the plants in the gravel wetland as well as the proposed cedar hedge. 12.03 Stormwater Management Standards A. Scope and Applicability #MS-21-03 Staff Comments 5 (1) These regulations shall apply to all land development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from requirements in this Section 12.03. Though the applicant has not submitted documentation of the drainage area contributing to the treatment practice, no additional impervious is proposed, therefore Staff considers the Stormwater Management Standards do not apply. RECOMMENDATION Staff recommends that the applicant work with Staff and the Development Review Board to address the issues herein. 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The southern half of theparcel, where the project islocated, is in the INSTITUTIONAL &AGRICULTURAL-SOUTH zoning district.The northern portion of the lot (notshown on this map) is in theRESIDENTIAL 4 district. No work isproposed in the RESIDENTIAL 4DISTRICT. Aldrich + Elliott6 Market Place, Suite 2Essex Jct., VT 05452P: 802.879.7733AEengineers.com<?%85/,1*721%&&?GZJ30 Burlington UVM UVM South Burlington UVM Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0470235 Feet O Map Produced: 9/18/19 Burlington Country Club BMP Drainage Area and Impervious Cover South Burlington / Burlington, VT Impervious Cover 50% BCC / 50% Burlington Private BCC Burlington Private South Burlington (including UVM) Drainage Area MS4 Boundaries Parcel Boundaries Impervious Area (acres) Impervious Area (%) Burlington Private 1.69 33.7% BCC 0.94 18.7% South Burlington (including UVM)2.38 47.6% Total 5.00 100.0% Please add this document to your land records for reference Wetland is Class III:Please be advised that I have confirmed that you have one or more Class III wetlands on your property. Class III wetlands are not protected under the Vermont Wetland Rules (VWR). No State Wetland permit is required for activities occurring in Class III wetlands. This report outlines the reasons for this decision. Because wetland character, size, and function can change over time, the Wetlands Program recommends seeking a reevaluation of wetland status every 5 years, to avoid a potential violation of the VWR. If you disagree with this decision you can petition for a formal wetland classification determination of Class II as outlined under the petition section of this report. The following table(s) document the reasons for this decision. Wetland Name: A Wetland Location:Spear Street; Across from Miller Farm Desktop Review Only? Yes No Site Visit Date:NA People Present:NA Wetland is Mapped: Yes No Wetland is contiguous to mapped wetland: Yes No Wetland was found to meet the following presumption(s) of significance: Presumptions have not been assessed. Wetland meets classification by other means. §4.6(a) over half an acre in size; §4.6(b) contains woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(c) contains dense, persistent non-woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(d) is a vernal pool that provides amphibian breeding habitat; §4.6(e) is a headwater wetland; §4.6(f) adjacent to impaired waters and the impairment is related to wetland water quality functions; §4.6(g) the wetland contains a species that appears in the NNHP database as rare, threatened, endangered or uncommon; or is a natural community type that is rare or uncommon; §4.6(h) has been previously designated as a significant wetland. Presumption Description Sketch Map of general wetland area (not a delineation): [Mapped wetland in teal, hydric soils in orange, advisory wetlands in green, wetland sketch in light blue, area #2020-763 Wetland Classification Report Tuesday, November 17, 2020 1:04 PM Classification Reports Page 1 reviewed in yellow] Photo: Preliminary Classification: Class II Class III Class III justification: Wetland is 1600 sf in size and isolated from other wetlands and waterbodies. Wetlands Determination Petition Process If you disagree with this report, you may request a formal determination of wetland classification, pursuant to Section 8 of the VWR. To request a §8 formal determination of wetland classification, please fill out and submit the petition form located on the Vermont Wetlands Program’s website “Permit Information” page. Formal determinations are appealable pursuant to 10 V.S.A. § 917. Pursuant to 10 V.S.A. chapter 220, any appeal of a formal wetland determination decision must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Division; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project, or facility with which the appeal is concerned; the name of the permittee; and any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Division is: 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740). More Information is Available on the Wetlands Program Website For more on state wetland permitting and how to apply for a permit visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info For more on wetland classifications visit the Jurisdictional Wetland Page at http://dec.vermont.gov/watershed/wetlands/jurisdictional For more about Allowed Uses visit the Allowed Uses Page at http://dec.vermont.gov/watershed/wetlands/bmps For more on wetland classification petitions and forms visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info Classification Reports Page 2 DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT 696 VIRGINIA ROAD CONCORD MA 01742-2751 July 22, 2021 CENAE-RDC-62 Regulatory Division File Number: NAE-2021-01541 Mr. Thomas DiPietro City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. DiPietro: The U.S. Army Corps of Engineers (USACE), has reviewed your application to place fill in about 1,576 sq. ft. (0.037 acre) of wetland in conjunction with the construction of a stormwater pond off Spear Street in South Burlington, Vermont. The work is shown on the enclosed plans, on nine sheets, titled “PROPOSED STORMWATER POND” (dated “04/02/21”) and “BURLINGTON COUNTRY CLUB GRAVEL WETLAND” (dated “MARCH, 2021”). Based on the information that you have provided, we verify that the activity is authorized under General Permit # 18 of the enclosed December 6, 2017 Federal permit known as the Vermont General Permits (GPs). Please review the enclosed GPs carefully, including the general conditions beginning on page 26, to be sure that you and whoever does the work understand its requirements. A copy of the GPs and this verification letter shall be available at the project site throughout the time the work is underway. Performing work within our jurisdiction that is not specifically authorized by this determination or failing to comply with any special condition(s) provided below or all the terms and conditions of the GPs may subject you to the enforcement provisions of our regulations. You must perform this work in compliance with the terms and conditions of the GPs. You must complete and return the enclosed Work Start Notification to this office before the anticipated starting date. You must also complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work. This authorization presumes that the work as described above and as shown on your plans noted above is in waters of the U.S. If you wish, you may request an approved jurisdictional determination (which may be appealed), by contacting the Corps district for further instruction. -2- This authorization expires on December 6, 2022. You must commence or be under contract to commence the work authorized herein by December 6, 2022, and complete the work by December 6, 2023. If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. We recommend that you contact us before this authorization expires to discuss reissuance. Please contact us immediately if you change the plans or construction methods for work in our jurisdiction. We must approve any changes before you undertake them. This authorization does not obviate the need to obtain other Federal, state, or local authorizations required by law. We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey. Please contact Michael S. Adams of my staff at (802) 872-2893 if you have any questions. Sincerely, Frank J. DelGiudice Chief, Permits & Enforcement Branch Regulatory Division Enclosures cc: Ms. Tina Heath, VT DEC, tina.heath@vermont.gov Mr. Andres Torizzo, Watershed Consulting Associates, andres@watershedca.com Mr. Thomas DiPietro, tdipietro@sburl.com -3- WORK START NOTIFICATION FORM ****************************************************************************** * EMAIL TO: michael.s.adams@usace.army.mil * * or * * MAIL TO: U.S. Army Corps of Engineers, New England District * * Vermont Project Office * * 11 Lincoln Street, Room 210 * * Essex Junction, Vermont 05452 * ****************************************************************************** Corps of Engineers File No. NAE-2021-01541 was issued to the City of South Burlington. The permit authorized the permittee to place fill in about 1,576 sq. ft. (0.037 acre) of wetland in conjunction with the construction of a stormwater pond off Spear Street in South Burlington, Vermont. The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations. PLEASE PRINT OR TYPE Name of Contractor/Firm: Business Address: Telephone Numbers: ( ) ( ) Proposed Work Dates: Start Finish Permittee’s Signature: Date: Printed Name: Title: ****************************************************************************** FOR USE BY THE CORPS OF ENGINEERS PM: Michael Adams Submittals Required: __No__ Inspection Recommendation: -4- (Minimum Notice: Permittee must sign and return notification within one month of the completion of work.) COMPLIANCE CERTIFICATION FORM USACE File Number: NAE-2021-01541 Name of Permittee: City of South Burlington Verification Date: July 22, 2021 Please sign this certification and return it to the following address upon completion of the activity and any mitigation required by the permit. You must submit this after the mitigation is complete, but not the mitigation monitoring, which requires separate submittals. ****************************************************************************** * EMAIL TO: michael.s.adams@usace.army.mil * * or * * MAIL TO: U.S. Army Corps of Engineers, New England District * * Vermont Project Office * * 11 Lincoln Street, Room 210 * * Essex Junction, Vermont 05452 * ****************************************************************************** Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the above referenced permit, and any required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Printed Name Date of Work Completion Telephone Number