Benefits of the Pre-Application Meeting Informal Pre Application Meeting Discuss general design concept Bring up any issues with meeting the regulations Determine Points of Interest for the project Formal Pre Application Meeting Discuss overall design and BMPs selected for the project Review infiltration testing Go over construction sequence “Redline” any major deficiencies

NPDES Permitting Timeframes Individual PermitGeneral Permit Completeness Review 15 Applicant to Address Comments** 60 Calendar Follow up Review 15 First Technical Review* 4722 Applicant to Address Comments** 60 Calendar Second Technical Review* 2217 Total Elevated Review Process 15

NPDES Permitting Challenges Volume, Rate and Water Quality Control Requirements Infiltration Testing Karst Soils Loading Ratios - 8:1 Overall, 5:1 Impervious, 3:1 Impervious (Karst) Potential Contaminants Utility/Infrastructure Coordination Renew your NPDES permit 180 days prior to expiration!

Technical Plan Review Challenges/Delays Failure of developers to communicate all of their requirements to the plan designer prior to submission model homes offsite utilities and “streetscaping” recreation areas, etc. Waiting to design the E&S plan until the latter stages of site design Hiring a plan designer that is unfamiliar with PA Environmental Regulations and/or Lehigh Valley geology and soils Not authorizing the plan designer to attend a pre-application meeting A list of situations that have delayed projects in the past

Submitting incomplete applications in order to meet a deadline Assuming the District or DEP will design the plans Not adequately addressing technical deficiencies Not providing a detailed response letter Waiting to re-submit until the 60-day deadline is near Providing a construction sequence that cannot be implemented by standard construction practices. Proposing Best Management Practices that are not standard (in the E&SPC Manual). “Chapter 12 delays” Delays During Technical Reviews (cont.)

Not depicting all existing features Existing utilities not shown; permit modification required to connect in different location Existing storm sewer not shown; permit modification required to proposed additional E&S controls Not planning for borrow/waste areas (permit modification requirements) Not planning for the earth disturbance associated with demolition, clearing and grubbing, etc. Attempting to avoid a NPDES permit Not recognizing that the plan is part of a ‘larger common plan of development’ Not designing for a realistic Limit of Disturbance

Common Causes of Construction Delays Initial Recording with County Recorder of Deeds Co-permittee/Transfers Pre-construction meeting Approved Construction Sequence Inspection logs & Maintenance Sinkholes Groundwater/Off-site discharges Alternative products Required work restrictions Protection of PCSM BMPs Permit Modifications

Initial Recording NPDES Permit Requirement Record within 45 days of permit issuance Proof of filing due to District within 90 days of permit issuance Written extension required from District or Violation

Co-permittee/Transfers NPDES Permit Requirement Co-permittee applications: Submit prior to Pre-construction meeting for all operators General Contractors (GC), Excavator, Home Builders, Landscaper, etc. Transfer applications: Submit prior to Pre-construction meeting or as sell property New Property Owner Notification also required at time of sale Signed Agreements Required

Pre-construction meeting Not attended by correct personnel Held too early/too late Approved E&S and PCSM plans not presented Contractor was not provided with correct plans for bid All proposed plan modifications should be discussed Formal review may/may not be required Recommended to hold District meeting in conjunction with Township meeting

Approved Construction Sequence Not followed = permit violation Approved plan WILL NOT work Be up-front with your plan designer Phasing important Conversion/removal of E&S Controls Part of sequence – requires permit modification to convert early Not usually permitted during winter

Inspection logs & Maintenance NPDES permit requirement Weekly & After Runoff Event Responsible party? Kept on site at all times Proper maintenance of controls Without maintenance, the plans DO NOT work

Sinkholes Identify existing sinkholes Sinkholes developed during construction Report to the District & Township Report on required Inspection logs BMPs may not be functional Consult with Geotechnical personnel for proper repair

Groundwater/Off-site discharges The approved plan should address High water table Existing culverts Neighboring project impacts Contact the District, Plan Designer and Municipality

Alternative products Follow approved plan District Approval of Alternatives required prior to use (Chapter 12 delays) Permit modification may be required Contact plan designer

Required Work Restrictions Wetlands/Streams Endangered/Threatened Species Township Restrictions Seasonal issues

Protection of PCSM BMPs Follow Construction Sequence Minimize compaction and sedimentation PCSM BMPs usually installed at end If installed during, need E&S control

Permit Modification Minor modification Within Permit boundaries Review within 15 business days Major Modification Outside of Permit boundaries/Major change Review based on DEP SOP = New Permit

WHY TERMINATE Is a requirement of your NPDES Permit Conditions and Chapter 102 Permit conditions, subject to compliance and enforcement Permittee and co-permittee remain responsible for all PCSM BMPs if there is no one otherwise designated through the N.O.T. process Just allowing a permit to expire DOES NOT take away this responsibility. 24

WHEN TO TERMINATE When construction is completed Site must be stabilized PCSM BMPs installed E&S BMPs removed 25

WHEN NOT TO TERMINATE Site is still active Buildable lots still exist – Common Plan of Development Site is done but not stabilized/winter 26

WHICH N.O.T. TO USE 2 Page For NPDES Permits issued prior to the November 19, 2010 Regulation changes 6 Page For all NPDES Permit applications received by the District or Department after November 19,

What is Needed? Paperwork Requirements o Complete NOT Form and the Completeness Review and Fieldwork Checklist o Copy of record drawings/as-builts o Copy of landowner notice o Copy of Recorder of Deeds Office receipt for instrument filing Field Requirements o Permanent Stabilization o Installation of PCSM BMPs o Removal of E&S BMPs 28

Reasons For Denial 29 Site not stabilized or unable to determine because of weather conditions65% Licensed professional signing issues for critical stages42% E&S BMPs not removed39% PCSM BMPs not installed per plan or correctly35% Missing proof of filing (at permit termination)32% Missing proof of filing (initial 45 days)29% PCSM BMPs not functioning19% Missing landowner notifications and/or sign offs16% PCSM BMPs not installed at all13% Incorrect record drawings13% Administrative issues13%

Protect your Infiltration areas from compaction Follow the approved Construction Sequence Always have a licensed professional on site for critical stages Preferably the same as the designer Measure and document elevations, materials, configuration and connections – As-builts If O&M is to be conducted by the homeowner, make explicit in agreement of sale –Landowner Notices Start negotiations early with a homeowners association or other third party (i.e. Municipality) 30 N.O.T. Success

Have a pre-application meeting Inform your plan designer of your build out needs Don’t push your engineer too hard to resubmit before they are ready Have plan resubmittal meetings (if needed) to clarify the deficiencies Meet the regulations Use DEP Manual and approved BMPs Follow the Approved Construction Sequence Always have a licensed professional on site for critical stages Read your NPDES Permit

Q&A Session NameTitle Phone Pamela DobbinsDEP Group Robert JevinDEP Application Garrett CookLCCD District x 18 Kevin FrederickLCCD Assistant District x 13 Sharon PletchanNCCD Conservation James LawrenceNCCD Conservation