HomeMy WebLinkAboutSP-23-036 - Supplemental - 0024 Berard Drive (3) 1 of 5
5362-9020.R6
Vermont Department of Environmental Conservation Watershed Management Division 1 National Life Drive, Davis 3 Montpelier, VT 05620-3522
Agency of Natural Resources
[phone] 802-828-1115
3/21/2023 Dear Permittee(s), The Notice of Intent for the discharge of stormwater runoff from Low Risk Construction Activity under Construction General Permit (CGP) 3-9020 (March 19, 2020) has been authorized. You will need the following documents to maintain compliance with this authorization. Enclosed with this cover letter is your Authorization to Discharge under General Permit 3-9020 and a copy of the Notice of Authorization that you must post at your construction site. In addition, any additional Owners and Operators that were not identified on the Notice of Intent at the time of application must file a Notice of Addition of Co-Permittee. See below for more details on these and other permit requirements.
1. Authorization to Discharge under General Permit 3-9020 The authorization for Low Risk Construction Activity is valid for five years from the date of the authorization. If the project will proceed past the expiration date, you must reapply for coverage under this or another construction stormwater permit before that time. If the project is completed or is sold before that time, you may terminate the authorization by submitting a Notice of Termination, subject to Subpart 7.4 of CGP 3-9020. Any proposed project changes must be first evaluated in accordance with the terms, conditions, and eligibility provisions set forth in Part 5 of CGP 3-9020.
2. Notice of Authorization for Posting The Notice of Authorization, which details the authorization and conditions you selected in completing Appendix A to the CGP,
must be posted in a location visible to the public in accordance with Subpart 4.5.C of the CGP.
3. Notice of Addition of Co-Permittee This form must be submitted for every additional Owner and/or Operator who joins the project, in accordance with Subpart 7.3 of the CGP. Use ANR Online to file all Notice of Additions. ANR Online can be accessed using the following link: https://anronline.vermont.gov. Instructions on creating an account are available on the main page. Low Risk Site Handbook for Erosion Prevention and Sediment Control
Please provide the Owner(s) and Operator(s) access to the Low Risk Site Handbook for Erosion
Prevention and Sediment Control. This handbook details the practices that must be implemented
throughout the construction project to prevent erosion and the discharge of sediment from the construction site. Some practices must be in place before construction begins, so please review the
entire handbook before starting the project. The handbook can be found at the website below. Please
email anr.wsmdstormwatergeneral@vermont.gov to request a printing of the handbook if you are unable to do so.
The CGP, copies of pertinent forms, and an electronic version of the Low Risk Site Handbook for Erosion Prevention and Sediment Control are available on the Stormwater Program website. If you have any questions related to your authorization, please contact the Environmental Analyst in the Stormwater District where your project is located. Sincerely, Stormwater Management Program
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Permit Number: 5362-9020.R6
VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION AUTHORIZATION TO DISCHARGE UNDER GENERAL PERMIT 3-9020 A determination has been made that the applicant(s) (here in after "permittee"):
K and S Properties, LLC P.O. Box 2187
South Burlington, VT 05407
meets the criteria necessary for inclusion under General Permit 3-9020 for low risk construction activities. Subject to the conditions and eligibility provisions of General Permit 3-9020, the permittee is authorized to discharge stormwater to the Winooski River from the following construction activities: The site is to be used as an off-site soil disposal area for construction support The project is located at 24 Berard Drive in South Burlington, Vermont.
1. Effective Date and Expiration Date of this Authorization: This authorization to discharge shall become effective on March 21, 2023 and shall continue until March 20, 2028. The permittee shall reapply for coverage at least 60 days prior to expiration if the project has not achieved final stabilization or if construction activities are expected after the date of expiration.
2. Compliance with General Permit 3-9020 and this Authorization: The permittee shall comply with this authorization and all the terms, conditions, and eligibility provisions of General Permit 3-9020. The completed Notice of Intent (NOI) and Appendix A completed for this project are incorporated by reference into this authorization and are included in the terms of this authorization. These terms include:
Implementation and maintenance of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.
All areas of disturbance must have temporary or final stabilization within 14 days of the initial disturbance. After this time, disturbed areas must be temporarily or permanently stabilized in advance of any runoff producing event. A runoff producing event is an event that produces runoff from the
construction site. The following exception to the above stabilization requirements apply:
o Temporary stabilization is not required if 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). Areas of a construction site that drain to sediment basins are not considered
eligible for this exemption and the exemption applies only to the excavated area itself.
The total authorized disturbance is 2.00 acre(s).
No more than 2.00 acres of land may be disturbed at any one time.
No disturbance shall occur within 50 feet (horizontal) upslope of any stream or river, wetland, lake, or pond.
All stormwater discharges from the construction site to any receiving water shall first filter through a 50-ft. vegetated buffer.
Inspections shall be conducted at least once every (7) calendar days and daily during the winter construction period (October 15 through April 15), for all areas that have been disturbed and are not yet finally stabilized. In addition:
o If visibly discolored stormwater runs off the construction site or discharges to waters of the State, the permittee shall take immediate corrective action to inspect and maintain existing best management practices (BMPs), and to install supplemental BMPs necessary to minimize and prevent the discharge.
If, after completing corrective action, there continues to be a discharge of discolored stormwater from the
construction site to waters of the State, the permittee shall notify DEC by submitting a Discharge Report within 24 hours of discovering the discharge.
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3. Transferability and Addition of Co-Permittee: This authorization to discharge is not transferable to any person, nor may any person be added as a permittee, except in compliance with General Permit 3-9020 including submission of a complete Notice of Transfer or Notice of Addition of Co-Permittee.
4. Following receipt of authorization under General Permit 3-9020, additional Owner(s) and Operator(s) not identified on the Notice of Intent at the time of application shall be added as a co-permittee by filing a Notice of Addition of Co-Permittee with the Secretary. The co-permittee shall be subject to all terms and conditions of the permittee’s authorization and Construction General Permit 3-9020.
5. Right to Appeal: (A) Pursuant to 10 V.S.A. Chapter 220, any appeal of this permit, except for appeal of a renewable energy plant as described in (B), 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 the appellant’s 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.
(B) If this permit relates to a renewable energy plant for which a certificate of public good is required under 30 V.S.A. § 248, any appeal of this decision must be filed with the Vermont Public Utility Commission pursuant to
10 V.S.A. § 8506. This section does not apply to a facility that is subject to 10 V.S.A. § 1004 (dams before the Federal Energy Regulatory Commission), 10 V.S.A. § 1006 (certification of hydroelectric projects), or 10 V.S.A. Chapter 43 (dams). Any appeal under this section must be filed with the clerk of the Public Utility Commission
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 Public Service Department. For further information, see the Rules and General Orders of the Public Utility Commission.
Dated March 21, 2023
Julia S. Moore, Secretary Agency of Natural Resources
By:
Chris Gianfagna, Program Manager Stormwater Management Program
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Notice of Authorization Under Vermont Construction General Permit 3-9020 For Low Risk Construction Activity
Permittee Directions for Posting: This notice shall be placed near the construction entrance at a location visible to the public. If displaying near the main entrance is infeasible, the notice shall be posted in a local public building such as the municipal office or public library. For linear projects, the notice shall be posted at a publicly accessible location near the active part of the construction project (e.g., where a pipeline project crosses a public road) or, in the event posting in a publicly accessible location near the active part of the project is infeasible, the permittee shall post in a local public building such as the municipal office or public library.
Project Name: Berard Drive Fill Site
Permittee Name(s): K and S Properties, LLC
NOI Number: 5362-9020.R6
Date of Authorization: March 21, 2023
Date of Expiration: March 20, 2028
The project listed above has received authorization under General Permit 3-9020 to discharge stormwater from the following construction activities:
The site is to be used as an off-site soil disposal area for construction support
This authorization includes the following requirements:
Implementation and maintenance of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.
All areas of disturbance must have temporary or final stabilization within 14 days of the initial disturbance. After this time, disturbed areas must be temporarily or permanently stabilized in advance of any runoff producing event. A runoff producing event is an event that produces runoff from the construction site. The following exception to the above stabilization requirements apply:
o Temporary stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of two feet or greater (e.g. house foundation excavation, utility trenches). Areas of a construction site that drain to sediment basins are not considered eligible for this exemption and the exemption applies only to the excavated area itself.
The total authorized disturbance is 2.00 acre(s).
No more than 2.00 acres of land may be disturbed at any one time.
No disturbance shall occur within 50 feet (horizontal) upslope of any stream, river, wetland, lake, or pond.
All stormwater discharges from the construction site to any receiving water shall first filter through a 50-ft. vegetated buffer.
Inspections shall be conducted at least once every (7) calendar days and daily during the winter construction period (October 15 through April 15), for all areas that have been disturbed and are not yet finally stabilized. In addition:
o If visibly discolored stormwater runs off the construction site or discharges to waters of the State, the permittee
shall take immediate corrective action to inspect and maintain existing best management practices (BMPs), and to install supplemental BMPs necessary to minimize and prevent the discharge.
If, after completing corrective action, there continues to be a discharge of sediment from the construction site to waters of the State,
the permittee shall notify DEC by submitting a Discharge Report within 24 hours of discovering the discharge.
The permittee shall comply with all inspection, maintenance, corrective action, record keeping, and reporting requirements, and all other terms, conditions, and eligibility provisions, including those conditions related to project changes, as set forth in General Permit 3-9020 and this authorization.
Following receipt of authorization under General Permit 3-9020, additional Owner(s) and Operator(s) not identified on the Notice of Intent at the time of application shall be added as a co-permittee by filing a Notice of Addition of Co-Permittee with the Secretary. The co-permittee shall be subject to all terms and conditions of the permittee’s authorization and General Permit 3-9020.
To request information on this authorization, or to report compliance concerns, please contact: Vermont Department of Environmental Conservation Watershed Management Division 1 National Life Drive, Davis 3 Montpelier, VT 05620