Connecticut Department of Transportation Office of Environmental Planning

Connecticut Department of Transportation Office of Environmental Planning Water and Noise Compliance 2015 District Construction Environmental Permit Training

OEP Water and Noise Compliance Unit Robbin L. Cabelus Transportation Planning Director Mark W. Alexander Transportation Assistant Planning Director Paul N. Corrente Transportation Supervising Planner Paul Dickey Transportation Planner 2 Andrew Piraneo Transportation Planner 2 Christine A. Tedford Mark D. Marseglia Caroline Kieltyka Jeremy D. Willcox Transportation Planner

OEP – What We Do Basics… § § § § § Conduct Plan Reviews for E&S, Constructability, Stormwater, etc. Assist Department Personnel with Permitting Issues Conduct Site Inspections for Permitting Compliance, E&S, etc. Liaison Unit for Construction with the Regulatory Agencies Develop Department Stormwater Policies and Guidance Docs Drainage Maintenance Activities (Maintenance Personnel) Create Wetland Mitigation Sites, Fisheries and Wildlife Habitat Emergency Declarations, Complaints, Property Releases Department Training (Inspection, Maintenance, Qualified Inspector) Maintenance Operations and Noise Analysis Above: Stream Relocation

2015 Permit Training § Stormwater Registration Overview § Qualified Inspector Program § Turbidity Stormwater Monitoring § Turbidity Sampling Methods § Typical Turbidity Monitoring Equipment § Environmental Specifications § Types of Environmental Permits § Environmental Permit Plans § Permit Changes Requiring DEEP IWRD or OLISP Approval § Enforcement Inspections § Coming Attractions Above: Wetland Creation Site

Stormwater § Any project which disturbs over one acre Registration regardless of phasing will require a Stormwater Registration and Stormwater Pollution Control Plan. § If the project disturbs over and acre and can fully retain 100% of the discharge, a Stormwater Permit will not be required. § DOT Project 310 -065 Old Saybrook (Facility) § Stormwater Permits are no longer submitted at the time of construction. They must be submitted 60 or 90 days in advance. No project can be awarded until, all permits are in place. § DEEP posts Stormwater Permits online monthly to public notice for review and comment. § To verify the status of a Stormwater Registration, please refer to the following website: http: //www. ct. gov/deep/cwp/view. asp? a=2721&q =558612&DEEPNav_GID=1654

Stormwater Low Impact Development (LID): Registration § LID measures (done during the design): 1. Design criteria if full retention cannot be achieved 2. Infiltration practices 3. Certain DOT linear type projects will be exempt from LID 4. Typical LID practices will designed for new facilities or new roadway alignments or when DOT ROW is available § Stormwater Control Measures (done during design, but implemented by the inspector): 1. On-site detention (Developed Sites) 2. On-site retention (Undeveloped Sites)

Qualified Inspector Program § OEP has completed a District wide Qualified Inspector Program training. § Any Inspector who was not trained or any newly hired Inspector, will be qualified through the District Environmental Coordinator. § The District Environmental Coordinator shall provide OEP with an annual list of new trained Inspectors.

Turbidity Sampling Methods § Sampling conducted at least once every month when there is a discharge during normal working hours § 24 hour rule – storms that end on a weekend, holiday or other time after normal working will not commence within 24 hours, an inspection is required for storms that equal or exceed 0. 5 inches § 3 grab samples during a storm event at the same outfall § For linear projects up to 10 substantially identical outfalls maybe be identified for one representative discharge § May be taken manually (jar) or by an in-situ turbidity probe § First sample must be taken within the first hour of the stormwater discharge from the site § Sampling of snow or ice melt in the absence of a storm event is not a valid sample; however, if the sample contains snow or ice it must be noted on SMR

Turbidity Stormwater Monitoring § District will be required to submit a monthly Stormwater Monitoring Report (SMR) to DEEP even in months with no stormwater discharge § The District is still required to submit the SMR monthly even if not in construction. § Turbidity Value: NTU average of samples Above: Stormwater Monitoring Equipment Above: SMR

Typical Turbidity Monitoring Equipment § Nephelometry Turbidity Units (NTU) § Collected in clean plastic bottles § No chemical preservation required § Cool samples to 4° C (Approx. 39° F) § Analyze within 48 hours in the field with portable turbidimeter OR in the laboratory ($4/sample under current DAS contract)

Environmental § Elimination of Notice to Contractor (NTC) Specifications The DOT Form 817 Specification Committee is working on eliminating NTCs to the full extent possible and incorporating as many into the Form 817. § Implementation of New Section 1. 10 Specifications as an Attachment to the Contact Documents OEP has eliminated the environmental NTC’s and has started to implement new Section 1. 10 Specifications into Contracts. These Sections were reviewed and approved by the Office of Construction. § Forthcoming Form 817 Environmental Sections The following Sections will be updated in the new 817: Section 1. 10, Section 2. 18, Section 2. 19 and turf establishment, etc.

Environmental Specifications NTC Section 1. 10

Environmental Specifications Purpose to eliminate NTC’s. There is no hierarchy and have no barring to hold a contractor to comply. Form 816 – Section 1. 05. 04 • Environmental Permits • Environmental Permit Applications Field Conflicts • Special Provisions • Plans • Standard Sheets • Supplemental Specifications • Standard Specifications and Misc. Requirements

Types of Environmental Permits

DEEP Bureau of Water Protection & Land Reuse Inland Water Resources Division (IWRD) GP DAM IP Inland Wetland Permits 401 WQC FMC

IWRD GP Permit and Notes § The Contract will NO longer have a traditional DEEP GP approval letter. A DEEP confirmation letter with a Permit Number should be included in the Contract noting the date the GP was registered. § General Conditions of the GP still apply and cannot be altered. If the General Conditions are not included into the Contract, a copy should be provided to the contractor by the DEC or Inspector. § The Contract will have a permit application(s) and permit plans. § Permits will have a sign off memo from DEEP Fisheries as part of the permit application. This memo will dictate whether a project has a TOY restriction or Fisheries enhancements such rock vanes or streambed material associated with the project or not. § GP is a 10 year program and expires April 3, 2022. The GP expires 5 years upon registration. § GP’s require an ACOE Category 1 Reporting Form and is completed by OEP and included in the application. An ACOE post card should be into the Contract as confirmation of approval with permit number. § GP no longer require construction start and stop notices.

IWRD GP Registration Form § Along with the GP permit application, the Contract shall include the DEEP Central Processing Unit’s (CPU) Registration Form. § Form will provide a permit application number. § Form will identify the date the permit application was received. § Permit expires five years from the date the permit was received. § As an example, attached is the CPU Form for Project 69 -77 which was received on 10/29/2014 and will expire on 10/29/2019. DEEP IWRD GP Registration

ACOE Appendix 1 A § Note: The ACOE Appendix 1 A: Category 1 Certification Form gets fill out and signed by OEP and submitted to the ACOE. This Form will be included in every DEEP GP application. The DEC no longer has to fill this out this Form. § ACOE will submit a post card with a permit number in return. ACOE CAT 1 Approval

DEEP Fisheries Document § The DEEP Fisheries Biologist will initial and sign off this form for every IWRD and OLISP project. This form will be included in each permit application and will determine if the project has a TOY restriction. § Typically, the permit application or project plans may indicate the TOY restriction. § FYI…Municipal DEEP Fisheries Sign Off sheet is a different color. Fisheries TOY Sign Off Box DEEP Fisheries Sign Off Sheet

IWRD IP Permit Notes § IP’s typically expire in 5 years from issuance date. Special projects like the Q-bridge project could have a 10 -year expiration date. § IP will always have a DEEP approval letter with Special Conditions authorized by the DEEP Commissioner. § The Contract will have a permit application(s) and permit plans. § DEEP Fisheries sign off sheet will be included in the IP application just like the GP’s. § Weekly Inspection Reports (CSEIR) or report after a rain event are to be generated by the project inspector and to be submitted to the DEC who will be responsible to submit this report to OEP and DEEP on a monthly basis. § For IP, the DEC must continue submitting construction start and stop notices to DEEP.

Flood Management Certification (FMC) § FMC expire 10 years after issuance or if construction does not commence within three years of issuance of approval. § FMC also have Special and Operating Conditions. § No revisions or alterations to approved plans without written approval from the DEEP.

DEEP Bureau of Water Protection & Land Reuse Office of Long Island Sound Program (OLISP) SD 401 WQC TW Office of Long Island Sound Program Permits CAM COP

OLISP Permit Notes § These permits will ALWAYS have a DEEP Permit authorization letter with Special Conditions. § A OLISP permit change will require a de minimis change when a minor change is required or if the scope of authorization does change as a result of the modification to the permit. § Any change to the scope of authorization or major change to the permit will require a new COP and new Special Conditions. § OLISP Permit Applications STILL require permit plates. § OLISP deals with the same DEEP Fisheries Division as IWRD. Same Fisheries sign off memo used to determine TOY restrictions. § DEEP uses Coastal Jurisdictional Line (CJL) elevation +1 foot (Tidal vegetation) to determine tidal wetland impact. § ACOE uses HTL, MHW, and MLW elevations.

Department of Transportation FM-G DOT Permits DOT CAM § § FMMOU § FM-MOU Municipal Projects only. § If town requires other DEEP IWRD permits, then a traditional FMC is required rather than FMMOU. A Flood Management General (FM-G) is § administered and signed off by the Department’s Hydraulics and Drainage Unit (H&D). Used for minor work in floodplain. OEP administers and signs DOT CAM permits for minor coastal impact type projects such as traffic, safety improvements, guiderail upgrades, pavement preservation, etc. § FM-G used for State or Municipal Projects. If a project is found to have adverse impacts to a coastal resources, then a CAM approval from DEEP OLISP is required.

DEEP Bureau of Water Protection & Land Reuse Area (APA) Registration is required for Planning & Standards Division Aquifer Protection Areas An Aquifer Protection new or existing Department facility projects with the potential Current Facilities Registered: § East Lyme § New Milford § Putnum § Simsbury § Southington for on-site contamination and or hazardous material storage. Not meant for roadway or bridge type projects. All projects in an APA will have an amended Section 1. 10 in the Contract. Facilities projects will have the amended Section 1. 10 and the APA approval and Registration in the Contract. DEEP Bureau of Materials Management & Compliance Assurance Permitting & Enforcement Division Stormwater Registrations The Department must register any project which disturbs 1 acre or more, regardless of phasing.

Army Corps of Engineers CAT 1 404 WQC § CAT 1 by OEP. § The DOT is required to submit applications for ACOE CAT 2, IP and WQC permits. These applications and approval notices will be included in the Contract. § The DEC is required to submit start and stop notices for the ACOE CAT 2 and IP permits. ACOE Permits CAT 3 (IP) CAT 2

ACOE Document Examples ACOE Start and Stop Notices for CAT 2 and CAT 3 (IP)

Other Miscellaneous Permits United States Coast Guard (USCG) USCG Permits are sought for any in-water work in a navigable water way or recreational facility. The Connecticut River would require coordination and permit approval by USCG with Permit Conditions. Department of Public Health (DPH) Any work impacting the following would require coordination with the DPH: §Aquifer Protection Areas §Sole Source Aquifer (EPA) §Watersheds §Water Company Land Environmental Protection Agency (EPA) Any work impacting a Sole Source Aquifer requires coordination with the EPA.

Environmental Permit Plans

Environmental Permit Plans § Permit Plans for IWRD permits only. OLISP permits continue to use permit plates. § Permit Plans will break out and highlight only those activities that are regulated under the environmental permit application(s). § Any action that changes something shown on these sheets will require a permit amendment and notification to the regulatory agency. Above: Electrofishing

Permit Changes Requiring DEEP IWRD or OLISP Approval

Permit Changes Requiring DEEP IWRD or OLISP Approval If there any permit changes identified, during construction, who gets involved? Design OEP Note: DEC District Engineer This is required as per Department Policy No. EX. O-29. Above: Fisheries Enhancement Step Pools

Permit Changes Requiring DEEP IWRD What’s needed to process a Any change or modification as or OLISP Approval IWRD notification or OLISP de shown to an approved: § DEEP/ACOE Special Condition(s) minimis change… § Requests MUST BE in writing from the District to OEP for processing stating reason(s) for change. § Marked up permit plates, or environmental permit plans § Drainage calculations § If the issue is Department related, then the Department is responsible for providing the requested information. § If the Contractor is requesting the change, the Contractor is required to provide the requested information. § Environmental Permit Plans (IWRD) § Permit Plates (OLISP) § Permit Applications (All Permits) Will require a submission to OEP for review and approval and subsequent submission to DEEP or ACOE if warranted.

Permit Changes Requiring DEEP or ACOE Approval What would require a IWRD notification or an OLISP de minimis change as an example? § Water-Handling § Cofferdam § Time of Year (TOY) Waiver § Drainage Changes § Embankment / Slope Protection § Fisheries Enhancement § Wildlife Habitat § Wetland Creation Sites § Misc. Additional Impacts? § Any new impact does not qualify for an IWRD notification or an OLISP de minimis change. § Any additional temporary or permanent impact would require a new permit submittal for review and consideration at the DEEP. § Additional Inland Wetland Impacts will require review and a DEEP 30 day Public Notice. § No new impact to Coastal Areas. Automatic re-submission to OLISP and ACOE Permit for permit approval.

Enforcement Inspections

Enforcement Inspections Who is responsible for field inspections? Project Inspector DEEP / ACOE DOT Construction Project OEP DEC Above: Wetland Informational Signs

Enforcement Inspections If during the site inspection an If environmental deficiency or violation is identified, what is required? environmental deficiency or violation is identified, it is likely due to the following: § Fill out CSEIR Form and take a picture. § Additional Wetland Impact § Permit non-compliance § District response to fix the deficiency or violation. § E&S control failure § Lack of E&S controls § Follow up site inspection for compliance by DEC or OEP. § Stormwater related issues § Non-reporting violation Note: § Fisheries/Wildlife habitat violation Department Policy No. EX. O-29 identifies office responsibilities for inspection procedures. § Miscellaneous

CSEIR • This form is to be fill out weekly for every project per Construction Manual – Volume 2 Chapter 1 - Section 2 -114. The DEC can determine if a particular project can be exempt from weekly reports. • For projects with a IW IP, the weekly reports are to be submitted monthly by the DEC to OEP and the DEEP. • For all DOT projects, the CSEIRs must be kept in the field office. CSEIR Form

EX. O-29 Highlights the following: § Jurisdiction § Early Coordination § Design/Construction Methodology § Regulatory Coordination § Permit Plans/Plates § Permit Amendments § Environmental Inspection Policy Statement

Enforcement Other Enforcement / Complaints: Inspections § OEP receives complaints from DEEP, from the public by telephone, mail or in person. 1. Investigate and address problems (if applicable). 2. Follow up with DEEP or internally with Construction or Maintenance. 3. Direct follow up with complainant. § Log Letter (Complaint filed with DOT Commissioner) by an elected official or by another state agency. § Department Responsible to Record and Report Permit Violations when DEEP and ACOE Permits or public is involved. § Notify Commissioner in writing within 48 hours of violation. Above: Good BMP Practice Slope Stabilization

Coming Attractions

Coming Attractions § MS 4 § OLISP General Maintenance Permit § Epermitting and NET DMR § Drainage Maintenance Activities for Construction § Executive Policy No. 29 Procedures § New Environmental Specifications (Form 817) § Connecticut Audubon Society In Lieu Fee Program (ILF) § OEP Water and Noise Compliance DOT Internet Webpage § OEP Water and Natural Resources Webpage (Completed) Above: Fisheries Enhancement Streambank Restoration

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