oregon department of transportation stormwater management initiative: meeting new challenges...
TRANSCRIPT
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Oregon Department of Transportation Oregon Department of Transportation
Stormwater Management Initiative:Stormwater Management Initiative:Meeting New ChallengesMeeting New Challenges
Presented by:Presented by:William Fletcher, ODOTWilliam Fletcher, ODOT
February 5, 2008February 5, 2008
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Water Quality Storm CloudWater Quality Storm Cloud
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Overview of Water Quality IssuesOverview of Water Quality Issues
Regulation of stormwater is a state-Regulation of stormwater is a state-wide and national issuewide and national issue
Development is causing more Development is causing more degradation of in-stream habitatdegradation of in-stream habitat
Copper at very low concentrations Copper at very low concentrations harms salmon harms salmon
The Endangered Species Act has The Endangered Species Act has become the most stringent become the most stringent regulatory driverregulatory driver
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Problem StatementProblem Statement
Stormwater has become a major Stormwater has become a major impediment to efficient ESA impediment to efficient ESA consultation process due to:consultation process due to:
Changing criteriaChanging criteria for effect for effect determinations in ESA Section determinations in ESA Section 7 consultations 7 consultations
Extension of the “Extension of the “action action areaarea” from the point of ” from the point of discharge to the seadischarge to the sea
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Effect DeterminationsEffect Determinations
ODOT has based effect ODOT has based effect determinations on the change determinations on the change between pre-project and post project between pre-project and post project conditionsconditions
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Effect DeterminationsEffect Determinations
NMFS is basing Effect NMFS is basing Effect Determinations on the quality of the Determinations on the quality of the stormwater at the point of stormwater at the point of dischargedischarge
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Current ODOT Action Area DefinitionCurrent ODOT Action Area Definition 2-miles downstream from point of 2-miles downstream from point of
dischargedischarge Rationale: Pollutant load and Rationale: Pollutant load and
concentration reduced by sedimentation concentration reduced by sedimentation and dilutionand dilution
Action AreaAction Area
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Action AreaAction Area
NMFS Proposed Action Area DefinitionNMFS Proposed Action Area Definition From point of discharge to the oceanFrom point of discharge to the ocean Rationale: Dissolved pollutants stay Rationale: Dissolved pollutants stay
in water column for length of fluvial in water column for length of fluvial systemsystem
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Impact to ODOT’s ProgramImpact to ODOT’s Program
The expansion of the Action Area The expansion of the Action Area would require consultation for would require consultation for projects in large areas of Regions 4 projects in large areas of Regions 4 and 5 that have never had to consult and 5 that have never had to consult with NMFS beforewith NMFS before
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Impact to ODOT’s ProgramImpact to ODOT’s Program
Increased project development costs Increased project development costs and timelines to deal with additional and timelines to deal with additional consultationsconsultations
Overwhelming of NMFS’ ability to Overwhelming of NMFS’ ability to process consultationsprocess consultations
Potential for project deadlock if Potential for project deadlock if adversarial relationship develops adversarial relationship develops between ODOT and NMFSbetween ODOT and NMFS
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Impact to ODOT’s ProgramImpact to ODOT’s Program
Nightmare ScenarioNightmare ScenarioRequired numeric standardsRequired numeric standardsMonitoring to demonstrate Monitoring to demonstrate
compliancecompliancePotential remediation Potential remediation
requirementsrequirementsConsultation gridlockConsultation gridlock
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ODOT’s GoalsODOT’s Goals Develop a streamlined stormwater Develop a streamlined stormwater
treatment program to: treatment program to:
Provide ODOT and FHWA with Provide ODOT and FHWA with certainty regarding scope, schedule, certainty regarding scope, schedule, and budget and budget
Meet all regulatory needsMeet all regulatory needs
Streamline the permitting processStreamline the permitting process
Result in an overall environmental Result in an overall environmental benefit and promote species recoverybenefit and promote species recovery
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Solution StrategySolution Strategy
All solutions All solutions must bemust be
PermitablePermitable
ConstructibleConstructible
Maintainable Maintainable
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Solution StrategySolution Strategy
Collaborative approach that includes Collaborative approach that includes all of the interested partiesall of the interested parties– ODOTODOT - USFWS - USFWS– NMFSNMFS - ODFW - ODFW– FHWAFHWA - EPA - EPA– DEQDEQ
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Solution StrategySolution Strategy
Internal ODOT ParticipationInternal ODOT Participation ODOT Environmental and Hydraulics ODOT Environmental and Hydraulics
Technical staff, Technical staff, ODOT Office of MaintenanceODOT Office of Maintenance ODOT Environmental Leadership ODOT Environmental Leadership
Team, Technical Leadership Team, Team, Technical Leadership Team, and Area Managers Teamand Area Managers Team
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Solution StrategySolution Strategy
Twin tracks:Twin tracks: Technical: Develop the process and Technical: Develop the process and
tools for effectively managing tools for effectively managing stormwater qualitystormwater quality
Regulatory: Streamline the ESA Regulatory: Streamline the ESA consultation process consultation process
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Strategy for Solutions: TechnicalStrategy for Solutions: Technical
Clarify ODOT’s process for Clarify ODOT’s process for addressing stormwater managementaddressing stormwater management
Develop tools to select the most Develop tools to select the most effective treatment for individual effective treatment for individual projectsprojects
Select design storms based on Select design storms based on sciencescience
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Strategy for Solutions: RegulatoryStrategy for Solutions: Regulatory
Articulation and clarification of Effect Articulation and clarification of Effect Determination criteria and thresholdsDetermination criteria and thresholds
Develop tools for streamlined Develop tools for streamlined permitting:permitting:– Pilot projects to use the technical Pilot projects to use the technical
products in consultationproducts in consultation– Programmatic approaches to Programmatic approaches to
consultation on stormwater issuesconsultation on stormwater issues
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Effects DeterminationsEffects Determinations Agree that copper causes sublethal Agree that copper causes sublethal
effects to listed salmonidseffects to listed salmonids
NMFS develops guidelines for Effects NMFS develops guidelines for Effects Determinations based on project Determinations based on project elements and stormwater elements and stormwater managementmanagement
Strategy for Solutions: RegulatoryStrategy for Solutions: Regulatory
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Strategy for Solutions: RegulatoryStrategy for Solutions: Regulatory
Permitting StreamliningPermitting Streamlining Agree that if “effective” BMPs are Agree that if “effective” BMPs are
used then stormwater has been used then stormwater has been treated to maximum extent feasibletreated to maximum extent feasible
Include Design Storms and Preferred Include Design Storms and Preferred BMPs in SLOPES IVBMPs in SLOPES IV
Explore ESA Programmatic with Explore ESA Programmatic with FHWA as Action AgencyFHWA as Action Agency
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Status: TechnicalStatus: Technical
Project Development ProcessProject Development Process– Planning for stormwater Planning for stormwater
management early in project management early in project developmentdevelopment
– Incorporate Low Impact Incorporate Low Impact Development techniques whenever Development techniques whenever feasiblefeasible
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Status: TechnicalStatus: Technical
BMP Summary Reports BMP Summary Reports CompletedCompleted
BMP Selection Tool in BMP Selection Tool in developmentdevelopment
– Draft rating of BMP Draft rating of BMP effectiveness effectiveness
– Preferred BMPs identifiedPreferred BMPs identified
BMP Selection Tool Users’ BMP Selection Tool Users’ Guide to be developedGuide to be developed
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Status: TechnicalStatus: Technical
Water Quality Design Storm has Water Quality Design Storm has received preliminary acceptancereceived preliminary acceptance
Flow Control Design Storm has an Flow Control Design Storm has an accepted upper limit, and lower limit accepted upper limit, and lower limit is nearing acceptanceis nearing acceptance
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Status: RegulatoryStatus: Regulatory
Agreement that if “effective” BMPs Agreement that if “effective” BMPs are used, then stormwater has been are used, then stormwater has been treated to maximum extent feasibletreated to maximum extent feasible
We will not be held to numerical We will not be held to numerical standards for ESA purposesstandards for ESA purposes
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Status: RegulatoryStatus: Regulatory
NMFS has provided written guidance NMFS has provided written guidance for effect determinationsfor effect determinations
NMFS has presented a draft guidance NMFS has presented a draft guidance on stormwater effects action areaon stormwater effects action area
Pilot projects selected, with active Pilot projects selected, with active work on one in Region 1work on one in Region 1
Proposal for a Stormwater Proposal for a Stormwater Programmatic rejectedProgrammatic rejected
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Status: RegulatoryStatus: Regulatory
SLOPES IV, incorporating the use of SLOPES IV, incorporating the use of Preferred BMPs, and the Design Preferred BMPs, and the Design Storms, has been reviewed by ODOTStorms, has been reviewed by ODOT
Determined that for non-SLOPES Determined that for non-SLOPES projects, stormwater analysis and projects, stormwater analysis and conditions can be inserted into conditions can be inserted into consultations via “incorporation by consultations via “incorporation by reference”reference”
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Next StepsNext Steps
Investigate desirability of developing Investigate desirability of developing a “SLOPES” with FHWA as the Action a “SLOPES” with FHWA as the Action AgencyAgency
Reassess usefulness of a stormwater Reassess usefulness of a stormwater programmaticprogrammatic
Develop alternative “action area” Develop alternative “action area” definitiondefinition
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Next StepsNext StepsWatershed ApproachWatershed Approach
Trading or banking of credits for small Trading or banking of credits for small projects or projects that cannot meet projects or projects that cannot meet water quality treatment goalswater quality treatment goals
Mitigation for residual adverse effects Mitigation for residual adverse effects from permitted projectsfrom permitted projects
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Definition of SuccessDefinition of Success
When guidance is approved by When guidance is approved by regulatory partnersregulatory partners
When tools and guidance are in use When tools and guidance are in use by project teamsby project teams
When stormwater is no longer a When stormwater is no longer a contentious issue contentious issue
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Definition of SuccessDefinition of Success
Anticipated Benefits for ODOTAnticipated Benefits for ODOT
Stormwater solutions appropriate for the projectStormwater solutions appropriate for the project
Certainty in project development and constructionCertainty in project development and construction
Reduction in project delaysReduction in project delays
Support ODOT’s sustainability goalsSupport ODOT’s sustainability goals
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Definition of SuccessDefinition of Success
Anticipated Benefits for Anticipated Benefits for Regulatory AgenciesRegulatory Agencies
Meet regulatory requirementsMeet regulatory requirements
Well-defined terms and conditions that allow for Well-defined terms and conditions that allow for flexibility in applicationflexibility in application
Protect ESA-listed fishProtect ESA-listed fish
Protect Oregon’s water quality and wetland Protect Oregon’s water quality and wetland resourcesresources
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Questions?Questions?