HomeMy WebLinkAboutSP-22-003 - Supplemental - 1795 Shelburne Road (10)
Permit Number: 6342-INDS.T
PIN: EJ10-0060
STATE OF VERMONT
AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
STORMWATER DISCHARGE PERMIT
STORMWATER RUNOFF TO WATERS OF THE STATE This Discharge Permit reflects the ownership transfer from Catamount / Middlebury, LLC and Catamount/South Burlington, LLC To Catamount / Middlebury, LLC and RHTL Partners, LLC
In compliance with provisions of 10 V.S.A. §§1264 and 1264a and the Stormwater Management Rule for Stormwater-Impaired Waters and in accordance with "Terms and Conditions" hereinafter specified, Catamount / Middlebury, LLC P.O. Box 790 Burlington, VT 05402
And
RHTL Partners, LLC 1795 Shelburne Road South Burlington, VT 05403
Impervious Area: 8.87 acres the permittee is hereby granted permission to discharge stormwater runoff from the Bouyea Lane Development located at 68 Nesti Drive in South Burlington, Vermont to Bartlett Brook and an Unnamed tributary to Lake Champlain. This individual
permit is required due to the impairment of the receiving water. This permit amends previously authorized permit 6342-INDS. 1. Expiration Date: March 26, 2023. Note: This permit, unless revoked, modified or suspended, shall be valid until the designated expiration date not withstanding any intervening change in water quality, effluent, or treatment standards,
or classification of the receiving waters including groundwater. However, any such changed standard or classification, and any applicable requirement in a total maximum daily load (TMDL) for, shall be applied in determining whether or not to renew this permit, and in determining the conditions of a renewed permit.
The permittee shall reapply for a renewed discharge permit ninety days prior to the expiration date of this permit.
2. Revocation: 10 V.S.A. §1267 provides as follows: The Secretary may, after notice and opportunity for a public hearing, revoke, modify or suspend this permit if it is found that the permittee submitted false or inaccurate information in its application or has violated any requirement, restrictions, or condition of this permit, or if there is any change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems necessary for regulating the discharges of a permittee whose permit has been revoked, modified or suspended. Revocation shall be effective upon actual notice thereof to the permittee. 3. Operating Fees: This discharge is subject to operating fees under 3 V.S.A. §2822. The permittee shall submit the operating fees to the Agency in accordance with procedures provided by the Secretary. 4. Transfer of Permit: This permit is not transferable without prior written approval of the Secretary. Provided all applicable fees under 3 V.S.A. §2822 have been paid, a permittee may submit a notice of transfer to the Stormwater Management Program. The notice shall be submitted at least five (5) days prior to the proposed date of transfer.
The notice shall state that the prospective permittee has adequate funding to comply with this permit. The permittee shall provide a copy of this permit to the new owner or tenant and inform him of the responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of
this permit.
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5. Right of Entry: The permittee shall allow the Secretary, or his or her authorized representatives, at reasonable times, upon presentation of credentials, to enter upon and inspect the permitted premises, and the stormwater collection, treatment and control system; and to sample any discharge to determine compliance with this permit; and to have access to and inspect and copy any records required to be kept pursuant to this permit. 6. Receiving Waters: Bartlett Brook and an Unnamed tributary to Lake Champlain. 7. Manner of Discharge: S/N 001: Stormwater runoff from rooftops and parking lots through an underground sand filter and detention
facility prior to discharge to Bartlett Brook.
S/N 002: Stormwater runoff from rooftops through a grass channel prior to discharge to an Unnamed tributary to Lake Champlain. 8. Wastes Permitted: Stormwater runoff from the above-named areas of the project herein after treatment as specified in the manner of discharge.
9. Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the discharge specified in the Manner of Discharge above. 10. Approved Project Design: This project shall be constructed and operated in accordance with the following site plans and details prepared by Civil Engineering Associates, Inc. By reference, the following plans are made a part of this permit: Sheet C2.0, "Proposed Conditions Site Plan", dated June 2017, last revised 6/16/17; Sheet C3.1, "Erosion Control Details & Specifications", dated 4/13/17; Sheet C4.0, "Details", dated June 2017; last revised 2/21/2018 Sheet C4.1, "Storm Chamber Details", dated June 2017; Sheet C4.2, "Storm Chamber Details", dated June 2017; Sheet SK-1, “Proposed Stormwater Retrofits”, dated 2/21/2018; and all supporting information.
11. Project Implementation Schedule: The area previously permitted under the Residual Designation Authority of this project shall be implemented in accordance with the Approved Project Design within three (3) years from the date of permit issuance.
12. Inspection and Maintenance Reporting Requirements: a. The stormwater collection, treatment and control system shall be maintained in good operating condition at
all times and shall be inspected annually and cleaned as necessary to maintain design specifications. The inspections shall be conducted between the conclusion of spring snow melt and June 15th of each year.
b. Any sediment removed from the stormwater collection, treatment and control system shall be disposed of properly in accordance with state and federal statutes and regulations. c. By July 15 of each year the permittee shall submit an annual inspection report to the Secretary; or by July 30 of each year if performed by a utility or municipality pursuant to a duly adopted stormwater management ordinance. Annual Inspection Reports shall be submitted electronically to the DEC – Watershed Management Division, Stormwater Program at: https://anronline.vermont.gov
i. Unless previously submitted by the permittee(s) under a previously issued authorization or discharge permit, the first report submitted after construction completion shall also be submitted with a Designer’s Initial Statement of Compliance that the project was built in compliance with the Approved Project Design outlined above at https://anronline.vermont.gov.
13. Secretary’s Determination: The Secretary has determined that this project meets the requirements of the Agency’s 2002 Stormwater Management Manual. The Secretary has determined that the proposed discharge will not reduce
the quality of the receiving waters below the classification established for them. 14. Personnel and Training Requirements: Such personnel and training as necessary to fulfill the requirements of the
Inspection and Maintenance Reporting above. 15. Monitoring and Reporting Requirement: No monitoring required; reporting requirement as specified in the Inspection and Maintenance Reporting above.
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16. Other Requirements: a. Treated stormwater runoff is the only waste authorized for disposal under the terms and conditions of this permit. The discharge of any hazardous materials or hazardous waste into the stormwater management system is prohibited.
b. The issuance of this permit does not relieve the permittee from the responsibility to obtain any other local, state or federal permits required by law. 17. Compliance with Anti-degradation and Water Quality Standards: The Secretary has determined that the permitted discharges satisfy Vermont’s Anti-degradation Policy provided in Section 1-03 of the Vermont Water Quality
Standards and the Department of Environmental Conservation’s Interim Anti-degradation Implementation Procedure because the applicant has demonstrated how the proposed development will implement practices and offset projects as necessary to ensure water quality is maintained in receiving waters. In particular, the applicant has demonstrated how the proposed development will implement appropriate best management practices (BMPs) designed in accordance with the requirements of the Vermont Stormwater Management Manual and as necessary offset projects in accordance with Chapter 22: Stormwater Management Rule for Stormwater-Impaired Waters. These BMPs and
offset projects where necessary will manage and mitigate the proposed stormwater discharge from the project such that no lowering of water quality is expected to occur in the receiving waters. 18. Renewable Energy Projects – Right to Appeal to Public Utility Commission: Any appeal of this decision must be filed with the clerk of the Vermont Public Utility Commission pursuant to 10 V.S.A. §8506 within 30 days of the date of this decision. The appellant must file with the Clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. §8504(c)(2) and shall also serve a copy of the Notice of Appeal on the Vermont Department of Public Service. For information, see the Rules and General orders of the Public Utility Commission available online at www.puc.vermont.gov. The address for the Public Utility Commission is 112 State Street, Montpelier, Vermont 05620-2701 (Tel. #802-828-2358).
19. All Other Projects – Right to Appeal to Environmental Court: Pursuant to 10 V.S.A. Chapter 220, 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 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 online at www.vermontjudiciary.org or call (802) 951-1740. The address for the Environmental Court is 32 Cherry Street, 2nd Floor Suite 303 Burlington, Vermont 05401.
20. Effective Date and Expiration Date of this Authorization: This authorization to discharge shall become effective on
February 4, 2020 and shall expire on March 26, 2023.
Dated Tuesday, February 04, 2020
Emily Boedecker, Commissioner Department of Environmental Conservation
By: Padraic Monks, Stormwater Program Manager