HomeMy WebLinkAboutSP-22-060 - Supplemental - 0224 0268 Market Street (22)Permit No. 7736-INDS.A
Project ID No. EJ17-0044
STATE OF VERMONT
AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
STORMWATER DISCHARGE PERMIT
STORMWATER RUNOFF TO WATERS OF THE STATE
In compliance with provisions of 10 V.S.A. §1264, the Stormwater Management Rule for Stormwater-Impaired
Waters and in accordance with "Terms and Conditions" hereinafter specified,
The Snyder-Braverman
Development Company, LLC
4076 Shelburne Road, Suite 6
Shelburne, VT 05482
And
South Burlington City
Center, LLC
286 College Street
Burlington, VT 05401
And
South Burlington City Center
Owner's Association, Inc.
4076 Shelburne Road, Suite 6
Shelburne, VT 05482
Impervious Area: 18.5 acres
the permittee, is hereby granted permission to discharge stormwater runoff from South Burlington City Center
located along Market Street in South Burlington, Vermont to tributary 3 of Potash Brook. This permit amends
and replaces previously authorized permit 7736-INDS for 6 Market Street. This individual permit is required due
to the impairment of the receiving water.
1. Expiration Date: Five years from issuance date of final permit. 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discharges of a permittee whose permit has been revoked, modified or suspended.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. Recording in Land Records: The permittee shall record a one-page notice of issuance of this discharge
permit in the local land records within fourteen (14) days of issuance of this permit on the form
provided by the Secretary, per §22-312 of the Stormwater Management Rule for Stormwater-Impaired
Waters. A copy of this form is available on the Stormwater Management Program website. The
permittee shall provide a copy of the recording to the Stormwater Management Program within fourteen
(14) days of the permittee's receipt of the copy of the recording from the local land records.
5. 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.
Permit # 7736-INDS.A Page 2 of 5
6. 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.
7. Receiving Waters: Tributary 3 to Potash Brook
8. Manner of Discharge:
S/N 001: Stormwater runoff from building rooftops, roadway surfaces, parking lots, driveways, and
sidewalks receives treatment in a wet pond and gravel wetland which captures an additional
9.65 acres of offsite impervious, a portion of the drainage area is treated in a bioretention
system (designed for groundwater recharge) all discharging via stabilized outfalls to
tributary 3 of Potash Brook. Pretreatment is provided in proprietary devices, deep sump
catch basins, or sediment forebays as dictated by the final layout following the
specifications on plan sheets D-1 and D-4.
S/N 002: (From 7736-INDS) - Stormwater runoff from rooftop and driveway to a dry swale that
discharges via the municipal stormwater collection on Market Street to an unnamed
tributary of Potash Brook. Upon completion of the wet pond and gravel wetland described
in S/N 001 above, this manner of discharge for S/N 002 shall be superseded by the manner
of discharge for S/N 001.
S/N 002: Stormwater runoff from building rooftops, roadway surfaces, parking lots, driveways, and
sidewalks receives treatment in a gravel wetland, a portion of the drainage area rooftops are
treated in an underground infiltration system with overflow to the gravel wetland, all
discharging via stabilized outfalls to tributary 3 of Potash Brook. Pretreatment is provided
in proprietary devices, deep sump catch basins, or sediment forebays as dictated by the final
layout following the specifications on plan sheets D-1 and D-4. Runoff from the proposed
walking path to Dumont Park receives treatment in accordance with Simple Disconnection,
discharging overland to tributary 3 of Potash Brook.
S/N 003: Stormwater runoff from building rooftops, roadway surfaces, parking lots, driveways, and
sidewalks receives treatment in a gravel wetland discharging via stabilized outfall to
tributary 3 of Potash Brook. Pretreatment is provided in proprietary devices, deep sump
catch basins, or sediment forebays as dictated by the final layout following the
specifications on plan sheets D-1 and D-4.
S/N 004: Stormwater runoff from building rooftops, roadway surfaces, parking lots, driveways, and
sidewalks receives treatment in gravel wetland systems, a portion of the drainage area is
treated in a bioretention system (designed for groundwater recharge) all discharging via
stabilized outfalls to tributary 3 of Potash Brook. Pretreatment is provided in proprietary
devices, deep sump catch basins, or sediment forebays as dictated by the final layout
following the specifications on plan sheets D-1 and D-4.
9. Wastes Permitted: Stormwater runoff from the above named areas of the project herein after treatment
as specified in the manner of discharge.
10. Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the
discharge specified in the Manner of Discharge above.
Permit # 7736-INDS.A Page 3 of 5
11. Approved Project Design: This project shall be constructed and operated in accordance with the
following site plans and details prepared by VHB. By reference, the following plans are made a part of
this permit: (Sheet SW1, "Proposed Stormwater Treatment Plan", dated 1/8/2017, last revised 2/8/2018;
Sheet SW2, "Existing Conditions Hydrology Plan", dated 12/12/2017, last revised 2/8/2018; Sheet
SW3, "Soils Investigation Plan", dated 12/12/2017, last revised 2/8/2018; Sheet SW4, "Stormwater
Maintenance Plan", dated 1/8/2017, last revised 2/8/2018; Sheet SW5, "Stormwater Facilities Grading
Plan 1", dated 12/12/2017, last revised 2/8/2018; Sheet SW6, "Stormwater Facilities Grading Plan 2",
dated 12/12/2017, last revised 2/8/2018; Sheet SW7, "Stormwater Facilities Grading Plan 3", dated
1/8/2017, last revised 2/8/2018; Sheet SW8, "Stormwater Facilities Grading Plan 4", dated 12/12/2017,
last revised 2/8/2018; Sheet SW9, "Stormwater Facilities Grading Plan 5", dated 12/12/2017, last
revised 2/8/2018; Sheet D1, "Stormwater Details 1", dated 1/8/2017, last revised 2/8/2018; Sheet D2,
"Stormwater Details 2", dated 12/12/2017, last revised 2/8/2018; Sheet D3, "Stormwater Details 3",
dated 1/8/2017, last revised 2/8/2018; Sheet D4, "Stormwater Details 4", dated 12/12/2017, last revised
2/8/2018); 6 Market Street Plans to be replaced by City Center Plans upon construction: Lamoureux and
Dickinson; (Sheet ST-1, "Stormwater Layout Plan", dated 01/06/2017, last revised 5/04/2017; Sheet 6,
"Details & Specifications - Site & Stormwater", dated 01/06/2017, revised 01/13/2017; Sheet 7, "Details
& Specifications - Storm, Water, & Sewer", dated 01/06/2017, last revised 5/04/2017) and all
supporting information.
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.
ii. Initial statement of compliance shall be submitted at the time of completion of each phase.
The final pretreatment approach shall be clearly identified at the time of Initial Statement of
Compliance submittal.
13. Secretary’s Determination: The Secretary has determined that this project meets the requirements of the
Agency’s 2017 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.
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.
Permit # 7736-INDS.A Page 4 of 5
c. At time of build-out an updated as-built maintenance plan sheet shall be submitted showing the
pretreatment option chosen for each stormwater practice in accordance with plan sheets
referenced above.
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 on line 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.
Dated this 13th day of February 2018
Emily Boedecker, Commissioner
Department of Environmental Conservation
By: Christy Witters, Environmental Analyst
Stormwater Management Program
Permit # 7736-INDS.A Page 5 of 5
NOTICE OF ISSUANCE OF STORMWATER DISCHARGE PERMIT
BY THE VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Notice is hereby given that an individual stormwater discharge permit or an authorization to discharge
pursuant to a general stormwater discharge permit has been issued by the Vermont Department of
Environmental Conservation to Permittee(s) named herein for the discharge of stormwater runoff from
impervious surfaces (e.g. roadways, rooftops, parking lots, walkways) pursuant to 10 V.S.A. Section
1264 for the property identified below. The permit/authorization requires treatment and control of
stormwater runoff, long-term maintenance of the treatment and control structures and payment of yearly
operational fees.
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Permittee(s): The Snyder-Braverman Development Company, LLC, South Burlington City
Center, LLC, and South Burlington City Center Owner's Association, Inc.
Permit/Authorization Number: 7736-INDS.A
911 Address of Property: Market Street, South Burlington
Name of condominium, subdivision or planned community association (if applicable):
South Burlington City Center
Signature of Permittee or Authorized Representative: ____________________________
Printed Name of Permittee or Authorized Representative: _________________________
Date of Signature: ___________________________
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Recording information: Municipal clerks - please index this document listing the State of Vermont, Department
of Environmental Conservation as “Grantee”. Please index this document listing the above named Permittee(s) as
“Grantor(s)”. Additionally, if this notice lists the name of a condominium, subdivision or planned community
association, please list the named association as an additional “Grantor”.
Please mail this stamped/recorded/completed form to:
DEC – Watershed Management Division
Stormwater Management Program
1 National Life Drive, Main 2
Montpelier, VT 05620-3522
Or email to: anr.wsmdstormwatergeneral@vermont.gov