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HomeMy WebLinkAboutSP-23-009 - Supplemental - 0054 0056 West Twin Oaks Terrace (9) LAND USE PERMIT AMENDMENT State of Vermont Natural Resources Board District 4 Environmental Commission [phone] 802-879-5614 111 West Street Essex Junction, VT 05452 https://nrb.vermont.gov/ This is a PROPOSED permit; please submit any written comments to Stephanie H. Monaghan, 111 West Street, Essex Junction, VT 05452, NRB.Act250Essex@vermont.gov, by November 4, 2022. A permit will NOT be issued until the District Commission receives and reviews the following information: 1. Vermont Wetland Permit issued by the ANR Watershed Management Division. 2. Local approval CASE NO: 4C1122-2 City of South Burlington 180 Market Street, South Burlington, VT 05403 LAW/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 – 6111 (Act 250) The District 4 Environmental Commission hereby issues Land Use Permit amendment 4C1122- 2, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6111. This permit amendment applies to the lands identified in Book 692, Page 428; and Book 1320, Page 120 of the land records of the City of South Burlington, Vermont, as the subject of deeds to City of South Burlington and Oak Hill Partners, LLC, respectively. This permit specifically authorizes retrofitting existing stormwater Pond 2 into a gravel wetland stormwater treatment facility. The project is located at the southwest corner of the intersection of Kennedy Drive and West Twin Oaks Terrace in South Burlington, Vermont. Jurisdiction attaches because the Project constitutes a material change to a permitted development or subdivision, and thus requires a permit amendment pursuant to Act 250 Rule 34. 1. The Permittee and its assigns and successors in interest are obligated by this permit to complete, operate, and maintain the project as approved by the District Commission (the “Commission”) in accordance with the following conditions. 2. The project shall be completed, operated, and maintained in accordance with the conditions of this permit, and the permit application, plans, and exhibits on file with the Commission Land Use Permit 4C1122-2 Page 2 and other material representations. In the event of any conflict, the terms and conditions of this permit shall supersede the approved plans and exhibits. The approved plans are: Sheet C-1.1 - “Existing Site Plan,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 007a); Sheet C-1.2 - “Proposed Site Plan,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 008a); Sheet C-2.1 - “Gravel Wetland Details,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 009a); Sheet C-2.2 - “Landscaping Plan,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 010a); and Sheet C-3.1 - “Miscellaneous Details,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 011a); Sheet C-3.2 – “Miscellaneous Details,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 012a); Sheet C-3.3 – “Erosion Control Details,” dated 9/8/2022, last revision 10/4/2022 (Exhibit 013a); Sheet P-3.1 – “Existing Site Plan,” dated September 2022 (Exhibit 021a); Sheet P-3.2 – “Proposed Site Plan with Wetland Buffer Impacts,” dated September 2022 (Exhibit 022a); and Sheet P-3.3 – “Landscaping Plan,” dated September 2022 (Exhibit 023a). 3. All conditions of Land Use Permit 4C1122 and amendments are in full force and effect except as further amended herein. 4. The Permittee shall comply with all of the conditions of the following Agency of Natural Resources (“ANR”) Permit: a. Individual Wetland Permit (permit number) issued on (date) by the ANR Watershed Management Division; 5. Any nonmaterial changes to the permit listed in the preceding condition shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. 6. Representatives of the State of Vermont shall have access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 7. A copy of this permit and plans shall be on the site at all times throughout the construction process. 8. No change shall be made to the design, operation, or use of this project without a permit amendment issued by the Commission or a jurisdictional opinion from the District Coordinator that a permit amendment is not required. 9. Pursuant to 10 V.S.A. § 8005(c), the Commission or the Natural Resources Board may at any time require that the permit holder file an affidavit certifying that the project is in compliance with the terms of this permit. Land Use Permit 4C1122-2 Page 3 10. The conditions of this permit and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittee and its successors and assigns. 11. Construction hours shall be limited to Monday through Friday from 7:00 AM to 5:00 PM, with no construction on weekends and federal holidays. 12. The Permittee shall apply and maintain water and/or other agents approved by the Watershed Management Division in the Project’s Erosion Prevention and Control Plan on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 13. At a minimum, the Permittee shall comply with the Vermont Department of Environmental Conservation’s Low Risk Site Handbook for Erosion Prevention and Sediment Control (February 2020). 14. The Permittee shall comply with Exhibits 001, 010a, and 013a (Schedule B; Revised Landscaping Plan; and Revised Erosion Control Details) for erosion prevention and sediment control. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion prevention and sediment control devices shall be periodically cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. 15. All mulch, siltation dams, water bars and other temporary devices shall be installed immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Topsoil stockpiles shall have the exposed earth completely mulched and have siltation checks around the base. 16. All areas of disturbance must have temporary or permanent stabilization within 14 days of the initial disturbance. After this time, any disturbance in the area must be stabilized at the end of each workday. The following exceptions apply: i) Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. ii) Stabilization is not required if the work is occurring in a self- contained excavation (i.e., no outlet) with a depth of 2 feet or greater (e.g., house foundation excavation, utility trenches). 17. All disturbed areas of the site shall be stabilized, seeded, and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 15. Between the periods of October 15 to April 15, all earth disturbing work shall conform with the “Requirements for Winter Construction” standards and specifications of the Vermont Department of Environmental Conservation’s Low Risk Site Handbook for Erosion Prevention and Sediment Control (February 2020). 18. In addition to conformance with all erosion prevention and sediment control conditions, the Permittee shall not cause, permit, or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee Land Use Permit 4C1122-2 Page 4 from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. 19. The Permittee shall maintain an undisturbed, naturally vegetated Class II wetland and 50- foot wetland buffer zone on the Project Tract as depicted on Exhibits 020a-023a (Wetland Buffer Impacts Plans) except for disturbance allowed under the Wetlands General Permit 3- 9025. The term “undisturbed” means that there shall be no activities that may cause or contribute to ground or vegetation disturbance or soil compaction, including but not limited to construction, earth-moving activities, storage of materials, tree trimming or canopy removal, tree, shrub, or groundcover removal; plowing or disposal of snow, grazing or mowing. 20. Any extracted stumps shall be disposed of on-site above the seasonal high water table and not in any wetland, or at a state-certified stump and inert waste disposal facility, so as to prevent groundwater pollution. 21. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibits 010a and 023a (Revised Landscaping Plans) by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner. 22. Prior to any site work, the Permittee shall install and maintain temporary fencing along the tree line to be retained as depicted on Exhibits 010a and 023a (Revised Landscaping Plans). 23. There is no exterior lighting or signage proposed in conjunction with the project. 24. The Permittee shall provide each prospective purchaser of any interest in this Project a copy of the Land Use Permit amendment before any written contract of sale is entered into. 25. Pursuant to 10 V.S.A. § 6090(b)(1), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three-year period in accordance with 10 V.S.A. § 6091(b). 26. All site work and construction shall be completed in accordance with the approved plans by October 15, 2025, unless an extension of this date is approved in writing by the Commission. Such requests to extend must be filed prior to the deadline and approval may be granted without a public hearing. 27. The Permittee shall file a Certificate of Actual Construction Costs, on forms available from the Natural Resources Board, pursuant to 10 V.S.A. § 6083a(g) within one month after construction has been substantially completed. If actual construction costs exceed the original estimate, a supplemental fee based on actual construction costs must be paid at the time of certification in accordance with the fee schedule in effect at the time of application. Upon request, the Permittee shall provide all documents or other information necessary to substantiate the certification. Pursuant to existing law, failure to file the certification or pay Land Use Permit 4C1122-2 Page 5 any supplemental fee due constitutes grounds for permit revocation. The certificate of actual construction costs and any supplemental fee (by check payable to the "State of Vermont") shall be mailed to: Natural Resources Board, 10 Baldwin Street, Montpelier, VT 05633-3201; Attention: Certification. 28. Failure to comply with any condition herein may be grounds for permit revocation pursuant to 10 V.S.A. sec. 6027(g). Dated this November ____, 2022. By__________________________ Thomas A. Little, Chair District 4 Commission Members participating in this decision: Parker Riehle Monique Gilbert Any party may file a motion to alter with the District Commission within 15 days from the date of this decision, pursuant to Act 250 Rule 31(A). Any appeal of this decision must be filed with the Superior Court, Environmental Division within 30 days of the date the decision was issued, pursuant to 10 V.S.A. Chapter 220. The Notice of Appeal must comply with the Vermont Rules for Environmental Court Proceedings. The appellant must file with the Notice of Appeal the relevant entry fee required by 32 V.S.A. § 1431. The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board, 10 Baldwin Street, Montpelier, VT 05633-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. Decisions on minor applications may be appealed only if a hearing was held by the district commission. Please note that there are certain limitations on the right to appeal, including appeals from Administrative Amendments and interlocutory appeals. See 10 V.S.A. § 8504(k), 3 V.S.A. § 815, and Vermont Rule of Appellate Procedure 5. For additional information on filing appeals, see the Court’s website at: http://www.vermontjudiciary.org/GTC/environmental/default.aspx or call (802) 951-1740. The Court’s mailing address is Vermont Superior Court, Environmental Division, 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401.