Attachnment 11 - Permit 7482-9020.1.pdf

7482-9020.1

Agency of Natural Resources [phone] 802-828-1115

Vermont Department of Environmental Conservation Watershed Management Division 1 National Life Drive, Davis 3 Montpelier, VT 05620-3522

3/20/2020

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 (Amended 2008) 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, all Principal Operators 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 Projects is valid for two 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.

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 new principal operator who joins the project, in accordance with Subpart 7.2 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 Principal Operator access to The Low Risk Site Handbook. 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 hard copy of this pocket-sized handbook.

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 https://dec.vermont.gov/sites/dec/files/wsm/stormwater/docs/StormwaterConstructionDischargePermits/sw_low_risk_site_handbook.pdf mailto:anr.wsmdstormwatergeneral@vermont.gov https://dec.vermont.gov/watershed/stormwater/permit-information-applications-fees/stormwater-construction-discharge-permits https://dec.vermont.gov/watershed/stormwater/contacts https://dec.vermont.gov/sites/dec/files/wsm/stormwater/docs/StormwaterConstructionDischargePermits/sw_low_risk_site_handbook.pdf�

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Permit Number: 7482-9020.1

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"):

Goodrich Farm LLC 1960 Shard Villa Road Salisbury, VT 05769

And

US Fish and Wildlife Service

11 Lincoln Street Essex Junction, VT 05452 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 Otter Creek via a constructed farm ditch from the following construction activities: Wetland restoration project on former agricultural land. Planned activities include spoils removal, ditch plugs, hummocks, depressions, tree planting, and placement of woody debris. The project is located at 615 Shard Villa Road in Salisbury, Vermont.

1. Effective Date and Expiration Date of this Authorization: This authorization to discharge shall become effective on March 20, 2020 and shall continue until March 19, 2022. 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 submitted for this project are incorporated by reference into this authorization and are included in the terms of this authorization. These terms include:

Implementation 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 7 days of the initial disturbance. After this time, all disturbed soil must be stabilized at the end of each workday. Between October 15 and April 15 all disturbed soil must be stabilized at the end of each workday. The following exceptions apply:

o 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.

o 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).

The total authorized disturbance is 8.60 acre(s).

No more than 5 acres of land may be disturbed at any one time.

All discharges of stormwater must pass through at least 50 feet of vegetated buffer before reaching receiving waters.

No disturbance shall occur within 50 feet upslope of any stream or river, or 100 feet of any lake or pond (except disturbance for the installation of stormwater treatment facilities or road stream crossing with no reasonable alternative location).

Inspections shall be conducted at least once every (7) calendar days and within twenty-four (24) hours of the end of a storm event resulting in discharge of Stormwater from construction site.

If there is a discharge of visibly discolored stormwater from the construction site or from the construction site to waters of the State, the permittee shall take immediate corrective action.

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 report within 72 hours of the discharge.

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 the General Permit 3-9020 including submission of a complete Notice of Transfer or Notice of Addition of Co-Permittee form.

4. 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 20, 2020

Peter Walke, Commissioner Department of Environmental Conservation

By:

Padraic Monks, Stormwater Program Manager

Notice of Authorization Under Vermont Construction General Permit 3-9020

For Low Risk Projects

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 town hall 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).

Project Name: Goodrich WRE Wetland Restoration Project

Permittee Name(s): Goodrich Farm LLC; US Fish and Wildlife Service

NOI Number: 7482-9020.1

Date of Authorization: March 20, 2020

Date of Expiration: March 19, 2022

The project listed above has received authorization under General Permit 3-9020 to discharge stormwater from the following construction activities:

Wetland restoration project on former agricultural land. Planned activities include spoils removal, ditch plugs, hummocks, depressions, tree planting, and placement of woody debris.

This authorization includes the following requirements:

Implementation 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 7 days of the initial disturbance.

After this time, all disturbed soil must be stabilized at the end of each workday. Between October 15 and April 15 all disturbed soil must be stabilized at the end of each workday. The following exceptions apply:

o 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.

o 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).

The total authorized disturbance is 8.60 acre(s).

No more than 5 acres of land may be disturbed at any one time.

All discharges of Stormwater must pass through at least 50 feet of vegetated buffer before reaching receiving waters.

No disturbance shall occur within 50 feet upslope of any stream or river, or 100 feet of any lake or pond

(except disturbance for the installation of Stormwater treatment facilities or road Stream crossing with no reasonable alternative location).

Inspections shall be conducted at least once every (7) calendar days and within twenty-four (24) hours of the end of a storm event resulting in discharge of Stormwater from construction site.

If there is a discharge of visibly discolored stormwater from the construction site or from the construction site to waters of the State, the permittee shall take immediate corrective action.

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 report within 72 hours of the discharge.

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