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EPA Enforcement of NPDES
(Media-Newswire.com) - ( Boston, Mass. - May 7, 2008 ) - A residential developer and a construction company in Hanson, Mass. face a penalty of up to $157,500 for alleged storm water discharges from a construction site.
Dunham Farm Condominium is an eleven-acre residential development owned by Dunham Farm, LLC and run by contractor Callahan, Inc. On March 27, 2007, an EPA inspector discovered that these parties violated the NPDES General Permit for Storm Water Discharges from Construction Activities, issued to the companies under the Clean Water Act.
Specifically, Dunham Farm, LLC and Callahan, Inc. failed to document routine facility inspections at the development site and failed to properly implement and maintain "best management" practices, which include erosion and sediment controls, such as drainage basins, silt barriers, and berms, at the site.
Consequently, during storm events that occurred in the summer of 2006, storm water laden with sediment flowed from the development site into a bordering vegetated wetland. A stream forms in this wetland that ultimately reaches the TauntonRiver and flows into the Atlantic Ocean.
"Storm water controls are very important in protecting New England's waters, especially among builders and developers whose construction activities can have significant environmental impacts if done improperly," said Robert W. Varney, regional administrator of EPA's New England Office.
EPA is working hard to bring developers and builders into compliance with storm water runoff regulations. The effort includes extensive compliance assistance activities, including workshops and training materials, as well as an enforcement sweep. EPA is developing written materials, web sites, workshops, and other products to help those involved in construction projects understand how to comply with storm water laws. |
 New Federal Compensatory Mitigation Rule
On April 10, 2007, the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a new compensatory mitigation rule regarding impacts to waters of the United States (compensation for isolated wetland impacts is not addressed). The primary goal of this rule is to create a level playing field among the three compensatory mitigation mechanisms [Mitigation Banks, In-Lieu Fee Mitigation, and Permittee-Responsible Mitigation] through equivalent standards and greater accountability.
Of primary importance to the development industry, this new rule establishes preferred hierarchy for wetland mitigation: 1) purchase of mitigation bank credits; 2) payment into an in-lieu fee mitigation program; and 3) creation of a permittee-responsible mitigation area on-site or off-site of the project area.
The rule does not change when compensatory mitigation is required, nor does this rule change the mitigation sequence (i.e. avoid, minimize, and compensate). Proposed water resource impacts must be avoided to the maximum extent practicable; remaining unavoidable impacts must then be minimized, and finally compensated for to the extent appropriate and practicable. The final rule affirms the mitigation sequence and clarifies the criteria for appropriate measures to compensate for unavoidable losses.
Regardless of the mitigation chosen, each must encompass the same 12 fundamental components: objectives; site selection criteria; site protection instruments (e.g., conservation easements); baseline information (for impact and compensation sites); credit determination methodology; a mitigation work plan; a maintenance plan; ecological performance standards; monitoring requirements; a long-term management plan; an adaptive management plan; and financial assurances.
The new rule is effective June 9, 2008. Any permit application received prior to the effective date will be processed in accordance with existing regulations and guidance. Permit applications received after the effective date of this rule will be subject to the new rule, unless the district engineer (i.e. U.S. Army Corps of Engineers project manager) has made a written determination that applying these new rules to a particular project would result in a substantial hardship to a permit applicant.
For more information on the compensatory mitigation rule, contact an ENCAP, Inc. ecological consultant, and/or visit the following websites:
http://www.usace.army.mil/cw/cecwo/reg/citizen.htm
http://www.epa.gov/wetlandsmitigation.
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It's Temporary Stabilization Time!
The time of year has arrived for extensive site stabilization activities. IEPA and local agencies are stepping up enforcement of stormwater regs and one of the most common requirements that regulators are looking for is temporary stabilization.
The NPDES permit states that temporary stabilization must be enacted within 14 days of any areas that shall remain undisturbed for 21 days or more. Temporary seeding can be one of the most effective and efficient means of controlling erosion and meeting permit compliance on the long term.
Call us for an assessment of your site and how we can achieve the results you need to keep your site in compliance. Take a look at some of the results that ENCAP customers see. |
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ENCAP, Inc. Tackles Challenging Site in Lake County
A challenging site in Deer Park, Illinois was tackled by the native landscaping and erosion and sediment control professionals at ENCAP, Inc. 
The area of concern involved a steeply sloping ravine where some severe erosion was taking place following construction of a water main for a commercial development. The side slope of the ravine involved an 80 foot long slope length with a steepness of near 50% or just over a 1:1 slope. The sensitivity of this project was also enhanced due to a perennial stream flowing at the bottom of the ravine. The developer needed a fast response and adequate solution to provide a permanent solution to the problem area.
A high-technology Erosion Control Blanket/ Turf Reinforcement Matting from North American Green was chosen for the side slope application and streambank due to the high velocities of the stormwater running over the slope and the steepness of the slope and streambank. The SC-250 blanket is designed to provide both temporary erosion protection for seed germination and vegetation establishment, and a permanent polypropylene netting as a form of stem and turf reinforcement for the maturing vegetation. The side slope was seeded with a shade and moisture tolerant native seed mix with heavy cover crop to provide quick germination and vegetation as well as deeply rooted natives to stabilize the slope on the long term.
At the streambank the near vertical slopes that were present from preconstruction conditions were raked, seeded, and stabilized with turf reinforcement matting and coir logs. The combination of erosion control practices and appropriate native seed selection was critical to ensure the long term success for this project moving forward. Using a combination of practices and appropriate products can achieve the results that are needed when facing challenging projects.
Look for future updates on this project in later editions of our newsletter.
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| Land Link is Still Available
Networking opportunities for land development professionals are growing along with the readership of this newsletter. Many of you have responded to the newsletter with links to your websites that post land that you have for sale or lease. Many of you do business with each other and read this newsletter. We thought it would make sense add value to this situation through the creation of a Land Link site on our website.
Here's how it can work. Email us the link to your website that posts your land information. We will post it on our website and have a link on our newsletter. This will allow buyers and sellers to review opportunities in one place and make contacts with each other. Each month you will get the newsletter, read all of the great articles, and click on the land link to check out new possibilities.
If you'd like to participate please respond to this email with your link. | |
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