HomeMy WebLinkAboutSP-22-023 - Supplemental - 0095 Swift Street (3)
Applicant Name: City of South Burlington, c/o Tom
DiPietro
Project Number: 2017-584
NOTICE OF AUTHORIZATION
VERMONT WETLAND GENERAL PERMIT
GENERAL PERMIT 3-9025
VERMONT AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
A determination has been made that the applicant:
City of South Burlington, c/o Tom DiPietro
104 Landfill Road
South Burlington VT 05403
meets the criteria necessary for inclusion under Vermont General Wetland Permit
#3-9025. Hereinafter the named applicant shall be referred to as the permittee. Subject
to the conditions of General Permit # 3-9025, the permittee is authorized to alter the Class
II wetland and associated 50-foot buffer zone located on Lindenwood Drive in South
Burlington, Vermont as described in the application for authorization dated 12/27/2021.
This authorization is for construction of a stormwater outlet pipe with impacts to
200 square feet of wetland and 438 square feet of buffer zone.
Public notice of the application was given in accordance with Section 9.7 of the Vermont
Wetland Rules. Any comments received during the public comment period were
considered during review of the application and issuance of this authorization.
Compliance with General Permit 3-9025 and this Authorization
Under 10 V.S.A. §901 et. seq. and the Vermont Wetland Rules, the Secretary may
authorize activities in a significant wetland or in its adjacent buffer zone if the Secretary
determines that it complies with the Wetland Rules and will have no undue adverse effect
on the protected functions and values. The Secretary has determined that the proposed
project complies with the above and will have no undue adverse impacts to the protected
functions and values of the subject Class II wetlands or the adjacent wetland complex. If
the project is constructed according to the permit application and the conditions of this
authorization, the permitted activity is not expected to result in any violations of the
Vermont Water Quality Standards.
The permittee shall comply with this authorization and all the terms and conditions of
General Permit 3-9025. Any permit non-compliance constitutes a violation of 10 V.S.A.
Chapter 37 and the Vermont Wetland Rules and may be grounds for an enforcement
action or revocation of this authorization to discharge. The following General Conditions
(§IX of Wetland General Permit 3-9025) shall apply:
A. All activities shall be completed, operated and maintained in accordance with
the permittee’s Notice of Intent and the conditions of this general permit. No
DocuSign Envelope ID: 492A2150-1269-4E89-B430-B7044BB1BF0B
Wetland Project # 2017-584
City of South Burlington, c/o Tom DiPietro
VT GP #3-9025 Page 2 of 3
material or substantial changes shall be made in the project without the written
approval of the Vermont Department of Environmental Protection Wetlands
Program.
B. The permittee shall notify the Vermont Wetlands Program in writing prior to
the start of this project and upon completion of the project. The notification of
completion shall include a statement that the project was constructed in
compliance with the conditions of this general permit and the authorization.
C. The Required Best Management Practices in §V of the general permit shall be
used to comply with this general permit.
D. The permittee shall record its issuance notice under this general permit in the
land records of the town(s) in which all affected lands are located. Any future
deed for such lands shall reference the authorization. Within 30 days of the date
of issuance of the authorization under this general permit, the permittee shall
supply the Vermont Wetlands Program with a copy of the recording of the
notice1.
E. The Agency maintains continuing jurisdiction over a project authorized under
this general permit and may at any time order remedial measures if it appears
likely that undue adverse impacts to protected wetland functions and values are or
will occur.
F. Authorization under this general permit does not relieve the permittee of the
responsibility to comply with any other applicable federal, state, and local laws,
regulations, and permits.
G. By acceptance of an authorization under this general permit, the permittee
agrees to allow Agency representatives access to the property covered by the
authorization, at reasonable times and upon presentation of credentials, for the
purpose of ascertaining compliance with the authorization, this general permit, the
Vermont Wetland Rules and the Vermont Water Quality Standards and for the
purpose of reviewing and copying all records required to be prepared pursuant to
this general permit.
H. The Agency, by issuing this general permit and any authorization hereunder,
accepts no legal responsibility for any damage direct or indirect of whatever
nature and by whomever suffered arising out of the approved project.
I. The Secretary may, after notice and opportunity for a hearing, revoke or
suspend, in whole or in part, an authorization under this general permit for cause,
including, but not limited to:
1. Violation of the terms or conditions of this general permit;
2. Obtaining authorization by misrepresentation or failure to fully disclose
all relevant facts;
3. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized activity.
1 Reporting forms are located here: https://anronline.vermont.gov/
DocuSign Envelope ID: 492A2150-1269-4E89-B430-B7044BB1BF0B
Wetland Project # 2017-584
City of South Burlington, c/o Tom DiPietro
VT GP #3-9025 Page 3 of 3
Rights to Appeal to the Environmental Court
Pursuant to 10 V.S.A. Chapter 220, an aggrieved person shall not appeal an authorization
under this permit to the Environmental Division of the Vermont Superior Court unless
the person submitted to the Secretary a written comment during the applicable public
comment period or an oral comment at the public meeting conducted by the
Secretary. Absent a determination of the Environmental judge to the contrary, an
aggrieved person may only appeal issues related to the person’s comments to the
Secretary as prescribed by 10 V.S.A. § 8504(d)(2). Any appeal of this decision must be
filed with the clerk of the Environmental Court within 30 days of the date of the
decision. The Appellant must attach the applicable entry fee payable to the State of
Vermont to the Notice of Appeal. 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 Court; 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 and the name of the applicant or 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 Court is 32 Cherry
Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740).
Effective Date and Expiration Date of this Authorization
This authorization shall become effective on February 28, 2022 and shall continue for
five years until February 28, 2027.
Dated at Montpelier, VT this twenty-eighth day of February, 2022.
Peter Walke, Commissioner
Department of Environmental Conservation
By ______________________________________
Laura Lapierre, Program Manager
Wetlands Program
Watershed Management Division
DocuSign Envelope ID: 492A2150-1269-4E89-B430-B7044BB1BF0B