January 28, 2008 ODOT Central Office – Room 1C Post-Construction BMPs Update Meeting

Post-Construction BMPs Introductions Bill Ujvari, P.E. – Production Administrator, Central Office Production Mike Wawszkiewicz, P.E. – Hydraulic/Roadway Designer, Central Office Production Please feel free to ask questions during the presentations.

L&D Manual, Volume 2 Revisions Revisions published January 18, 2008 Today’s Topics Implementation Plan – IOC (included in hand-outs) Notable revisions to post-construction BMP Sections in the L&D Manual Local-let and ODOT-let BMP BMP Design Approach BMP Submittals to Central Office OEPA Notices of Violation Training Needs Start with summary Details End with Summary

Implementation Plan – Projects Scoped after January 18, 2008 Include post-construction BMP based on January 2008 L&D Manual, Vol. 2 Easiest to understand. Should be no questions on which policy should be used for this scenario

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Follow these steps: Step 1 Determine if post-construction BMP are needed based on January 2008 L&D Manual, Vol. 2 If post-construction BMP needed, continue to Step 2 If post-construction BMP are not needed, no further action needed Determination made through use of Figure 1115-1. Local-let LPA projects – no longer using BMP Project Scenario guidelines

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Please note: Less than one acre project EDA and Routine Maintenance Projects are only projects that do not require BMP.

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Step 2 Determine the answers to the following: Has the project received Stage 1 plan approval prior to January 18, 2008? If there was no Stage 1 submittal, has the project received Stage 3 plan approval prior to January 18, 2008? Were the right-of-way tracings completed prior to January 18, 2008? If “No” to all of the above, design BMPs according to the January 2008 L&D Volume 2 If “Yes” to any of the above, continue to Step 3 If, for some reason, your project does not fit into these categories and you feel that BMPs per the January 2008 manual may not be needed, contact C.O. Don’t wont to proceed with design only to have issues during construction.

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Step 3 Is existing and/or proposed right-of-way available to incorporate post-construction BMPs meeting the January 2008 L&D Volume 2 BMP requirements for all or part of the project? If “Yes”, incorporate BMPs according to the January 2008 L&D Volume 2 and continue to Step 4 If “No”, continue to Step 4 Best scenario: Able to incorporate as needed for compliance

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Step 4 Based on BMPs incorporated within available existing and/or proposed right-of-way in Step 3, is the project 100% compliant with the January 2008 L&D Vol. 2? If “Yes”, no further action needed If “No”, continue to Step 5 Not best-case: partial compliance and no compliance. Either way, we must coordinate with OEPA.

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Step 5 Document restrictions preventing full compliance with the January 2008 L&D Vol. 2. Cost and Schedule Impacts Percent of project treated with BMPs Environmental and Right-of-way impacts Other Impacts Documentation does not require full design of what could be. General estimates for additional manufactured systems, length of VBF, additional right-of-way that would have been required, additional length of utility relocations, etc. Need this information to build database of potential costs for BMP. Also, we need to be able to determine possible mitigation to satisfy OEPA requirements. Not necessarily to be shared with OEPA. However, without some assessment, we are guessing and we could overestimate.

Implementation Plan – Projects Scoped Prior to Jan. 18, 2008 Step 5 cont. Submit documentation to Central Office Production for coordination with Ohio EPA Ohio EPA will consider each project with ODOT and determine possible options that will resolve non-compliant areas of a project Global settlement Mitigation within the same watershed Experience will provide us a better understanding of how this will work. So far, the few projects coordinated through OEPA have been relatively successful (D-7, D-1, D-6 (Darby))

Notable changes in January 2008 edition of L&D Volume 2 Stream Protection – 1105.2 Bankfull culvert design method “Water quantity”/”Stream Protection” Added additional cross-section through culvert section to allow better bankfull culvert comparison. Stream Protection is “water quantity” protection in OEPA’s vocabulary. Section 1105 provides options for culverts. 1115 provides exemptions for water quantity.

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 Projects with estimated contractor and Project Earth Disturbed Area (EDA) less than one acre do not require an NOI or post-construction BMP Updated Figure 1112-1 (NOI Calculator) OEPA has been receiving many NOI applications (each at 4.9 acres) which cost ODOT $500 each for projects that have less than one acre EDA. Saves administrative time that ODOT was spending filing NOI and NOT. In addition to $500 per application. OEPA does not require coverage for projects less than one acre. Therefore, changes have been made. Since it is not a huge blanket, there may be some initial missteps, but they should be small and few in number.

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 cont. Example #1: Bridge replacement project with 0.5 acres of Project EDA and an estimated 0.2 acres of Contractor EDA Add SS832 and Item 832 Erosion Control (each) to plans SWPPP quantity is not needed NOI is not needed No coverage under Construction General Permit required. 404/401 still an issue if waterway involved.

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 cont. Example #2: Bridge replacement project with 0.7 acres of Project EDA and an estimated 0.25 acres of Contractor EDA Add SS832 and Item 832 Erosion Control (each) to plans Based on site conditions, work type, etc., determine level of confidence with Contractor EDA estimate If the Contractor EDA could reasonably exceed the estimate and result in the total EDA being greater than 1 acre Provide a Project Site Plan, Item 832 SWPPP (Lump Sum), Item 832 Erosion Control (Each), and file the NOI Need to use judgment. Is there a receiving water nearby. Are there wetlands or other sensitive environmental resources? If so, err on the side of caution. If not, and feel comfortable with the estimate, proceed without an NOI.

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 cont. Example #2 Variation: Bridge replacement project with 0.7 acres of Project EDA and an estimated 0.25 acres of Contractor EDA It is determined that 0.25 is a reasonable estimate for Contractor EDA However, the Contractor uses more area and the resulting EDA is greater than one acre. What happens now? SS 832 is being updated. The update will require the Contractor to file the NOI and obtain the Permit, if he cannot constrain his operations to what is shown on the title sheet. This is the scenario that could cause small problems. However, with small construction projects, the Contractor EDA will rarely be very large (not much earthwork) and therefore exceeding the estimated should not be common. Language in the new SS832 will encourage the Contractor to stay within estimated EDA.

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 cont. Routine Maintenance Activity list provided Multiple part and non-contiguous projects Non-contiguous projects separated by at least ¼ mile can be considered separate Non-contiguous multiple part projects can be considered with respect to each part

Notable changes in January 2008 edition of L&D Volume 2 Notice of Intent (NOI) – 1112 cont. Watershed Specific Permits Big Darby Creek and Olentangy River Additional requirements Groundwater Riparian Setback Temporary Sediment Basin Locations Coordinate with Central Office Production Different submittal procedure required. OEPA wants to review initial draft of SWPPP/Project Site Plan prior to approval of the NOI and granting coverage. ODOT has worked through this process on one project so far. While it has taken time, the results were favorable and future endeavors should be more efficient.

Notable changes in January 2008 edition of L&D Volume 2 Post-Construction BMP – 1115 Post-construction BMP requirements apply to ODOT and LPA projects Redevelopment vs. New Development Area within existing ODOT right-of-way is considered impervious for BMP calculations

Notable changes in January 2008 edition of L&D Volume 2 Post-Construction BMP – 1115 cont. Options for locating BMP based on treating 100% water quality for 20% of the Project EDA (redevelopment) Water quantity treatment not required when less than 1 acre of new impervious area created Examples of 100% for 20% EDA to follow. Exemptions in Section 1115.3 relate to Water Quantity only. Water quality BMPs are still required.

Notable changes in January 2008 edition of L&D Volume 2 BMP Selection and Submittals – 1116 Submittals to Central Office Production Conceptual layout Plan sheets with BMP located Calculations/documentation No treatment for areas with sheet flow off roadway and outside ODOT right-of-way

Notable changes in January 2008 edition of L&D Volume 2 BMP Toolbox – 1117 Exfiltration Trench Updated Figure 1117-1 Manufactured Systems Not suitable for large trunk sewers Depth limitations due to maintenance Permit Reviews – Watch for use of manufactured systems on ODOT maintained roadways. Verify maintenance accessibility. More information on manufactured systems on projects will follow. Be careful with design. Think about maintenance.

Notable changes in January 2008 edition of L&D Volume 2 BMP Toolbox – 1117 cont. Vegetated Biofilter No conveyance ditch No energy protection area Bottom width determination (ignore rounding) Use the entire contributing drainage area (No incremental treatment) Maximum ditch bottom width of 10 feet Updated Anti-Seep collar design requirements

Local-let and ODOT-let LPA Projects ODOT files the NOI ODOT should ensure post-construction BMP provided meeting Ohio EPA expectations LPA should be made aware of BMP requirements and maintenance responsibilities We cannot ignore the requirements of the CGP. If we can meet the Permit and avoid placing the BMP within LPA R/W, this is fine. However, we must meet the permit.

Local-let and ODOT-let LPA Projects Local-let LPA projects Local agency files the NOI The LPA is responsible for providing post-construction BMP that meet Ohio EPA expectations (may use L&D Volume 2 or other EPA approved guidance) ODOT’s global settlement negotiations do not apply to local-let LPA projects that cannot meet BMP requirements The LPA must coordinate with Ohio EPA when deficiencies are identified

Local-let and ODOT-let LPA Projects BMP Project Scenarios Document This document should no longer be used as a guideline Post-construction BMP apply to the entire project with the exception of privately owned property (non-municipal) Private owner – Drive relocations do not need exfiltration trenches or VBF. Not going to require private property owner to maintain a BMP.

BMP Design Approach Using Redevelopment/Treatment Percent reduction New Construction Projects Calculate treatment percent (T%) Minimum T% is 20% Redevelopment Projects 20%

BMP Design Approach BMP Design Options Redevelopment projects Provide 100% treatment for an area equal to 20% of the Project EDA Provide 20% treatment for the entire project. New construction projects Provide 100% treatment for an area equal to T% of Project EDA Provide T% treatment for the entire project.

BMP Design Approach Vegetated Biofilters The entire project does not require wider ditches Water quality credit earned for drainage area within ODOT right-of-way Once area credit equals or exceeds the 20% or T% requirement, no further treatment is needed

Vegetated Biofilter Example (Redevelopment)

BMP Design Approach Exfiltration Trenches (ExT) Option #1 – Use 20% or T% of the required ExT length for the entire project Requires all inlets, catch basins, etc. to provide an exfiltration trench or other BMP treatment

BMP Design Approach Exfiltration Trenches (ExT) cont. Option #2 – Use 100% of the calculated ExT length based on Section 1117.1 and provide treatment for ODOT R/W area that equals or exceeds 20% or T% of the Project EDA. Allows the locations of BMP to be chosen when there are restrictions preventing BMPs at all inlets.

Exfiltration Trench Example (Redevelopment)

BMP Design Approach Manufactured Systems Option #1 – Calculate Water Quality Flow (WQf) and multiply the WQf by 20% or T%. Entire contributing drainage area to the point in the storm sewer shall be used Treat the entire project - Any project areas not tributary to this manufactured system must be drained to a BMP that will provide 20% or T% treatment

BMP Design Approach Manufactured Systems Option #2 – Calculate Water Quality Flow (WQf) Entire contributing drainage area to the point in the storm sewer shall be used Treat drainage area with a minimum area equal to 20% or T%, with no reduction in the calculated WQf. Water quality credit only applies to area within ODOT R/W, but BMP must be sized for entire contributing drainage area

Number of manholes in 100’ area. Depth of storm sewer Number of manholes in 100’ area. Depth of storm sewer. Could we have moved to a more shallow location and provided more reasonable maintenance accessibility? Village did not have a vac truck to maintain. Likely will not be maintained. Try to avoid. Provide a BMP that can be maintained. Future audits by OEPA may result in fines for non-compliance.

Manufactured Systems

BMP Submittals Section 1116.2 Consideration of post-construction BMPs needs to happen early in the design process to allow for utilities and right-of-way issues to be addressed. Early coordination with Ohio EPA will prevent fines, additional consultant costs, change orders and possible delays during construction.

BMP Submittals Major Projects Conceptual layout with Step 6 (AFA) – Required review and comment through C.O. Production BMP Design with Step 8 (Stage 1) – Required review and comment through C.O. Production Refinements to Conceptual Layout may be submitted with Step 7 (PAVR)

BMP Submittals Minor Projects Conceptual layout with Step 3 (PE) – Optional review and comment through C.O. Production BMP Design with Step 4 (Stage 1) – Required review and comment through C.O. Production

BMP Submittals Contents of submittals at Stage 1 Estimated Project EDA Pre and Post Runoff Coefficient Pre and Post Impervious Area BMPs selected Calculations for BMPs Plan sheets showing location of BMPs Explanation for areas that were not treated

BMP Submittals Project Site Plan – Stage 3 Post-construction BMPs should be addressed on the Project Site Plan Graphics Tables Cross-references to specific sheets or details Narrative, if needed Ohio EPA are not transportation/construction engineers. They are capable of reading plans, but they can do their jobs more efficiently if we provide a standardized location for BMP information.

BMP Submittals Projects that are not fully compliant C.O. Production will discuss with the District and Consultant. If necessary, a meeting with Ohio EPA will be held to determine whether additional mitigation is required. Not wanting to obtain r/w for a project will not be acceptable to OEPA.

Issues during Construction What happens when Ohio EPA issues a Notice of Violation (NOV) that cites a post-construction deficiency? District should determine if post-construction BMPs were incorporated into the plans If post-construction BMPs are shown in the plans, District shall obtain the calculations District shall determine whether the BMPs shown in the plans were designed according to the Jan. 2008 L&D Manual Vol. 2 If deemed compliant, forward calculations to Ohio EPA If deemed non-compliant, forward to C.O. Production for coordination with Ohio EPA

Post-Construction BMP Training Training for Post-Construction BMPs Districts Need to take the lead in communicating changes with BMPs for plans actively in design Districts should coordinate with Central Office for assistance on unique situations Consultants Submittals, reviews, and experience should identify any potential training needs Future training may be needed, but minimum benefit now Districts will take lead in communicating changes in BMPs for plans actively in design.

Coming soon…. Renewal of Construction General Permit Draft version available for public comment Anticipated that the Permit will be effective in April 2008 Minor changes to post-construction Draft Permit allows mitigation off-site (must be negotiated with Ohio EPA) Covered by January 2008 L&D Vol. 2 updates

Coming soon…. SS832 revision Addressing changes to Construction General Permit and January 2008 L&D Volume 2 Anticipated update in first half of 2008 NOI – Figure 1112-1

Coming soon…. L&D Volume 3 Update Addressing changes to January 2008 L&D Volume 2 Anticipated update in first half of 2008

Coming soon…. Olentangy Watershed Permit Final version yet to be completed by Ohio EPA Anticipated that the Permit will be effective later in 2008 Riparian Setback modifications Temporary Sediment basins Coordinate through Central Office Production

Summary Follow Implementation Plan for all projects Provide BMPs for Local-let and ODOT-let LPA Projects Revisions allow flexibility in locating Vegetated Biofilters, ExTs, etc.

Summary No NOI or post-construction BMP for projects with less than one acre of total EDA BMP Submittals to Central Office Production are required Notice of Violation letters require prompt response

January 28, 2008 BMP Meeting Any Questions or Comments? Questions/Suggestions regarding Post-Construction BMPs Mike Wawszkiewicz ODOT C.O. Production 614-728-4585 michael.wawszkiewicz@dot.state.oh.us