From: 	David Senus <dsenus@woodardcurran.com>
To:	Doug Roncarati <dar@portlandmaine.gov>, Danielle West-Chuhta <DWCHUHTA@portlandmaine.gov>, Jean Fraser <JF@portlandmaine.gov>
CC:	Barbara Barhydt <BAB@portlandmaine.gov>
Date: 	4/18/2013 8:41 AM
Subject: 	RE: 2282 Congress Street, Urban Impaired Stream Standard

Thank you Doug.  

In our memorandum I will note that the applicant is required to obtain a waste discharge license due to the project location in the Long Creek Watershed, and I will note that as an individual permit holder they are subject to payment of Stream Restoration and Monitoring Fees to the LCWMD.  I will also note that the project will not be subject to the Urban Impaired Stream standard.

Much appreciated.

-Dave

-----Original Message-----
From: Doug Roncarati [mailto:dar@portlandmaine.gov] 
Sent: Thursday, April 18, 2013 8:30 AM
To: Danielle West-Chuhta; Jean Fraser; David Senus
Cc: Barbara Barhydt
Subject: Re: 2282 Congress Street, Urban Impaired Stream Standard

Hi Dave,
 
I agree with your assessment of this situation.
 
Doug

>>> David Senus <dsenus@woodardcurran.com> 4/17/2013 5:02 PM >>>

Hi Doug, Jean & Danielle:

We have a unique situation with this project that requires some input.  Doug, sorry about playing phone tag, hopefully my email sums up the question at hand.

The project at 2282 Congress Street (Convenience Store/Gas Station) falls within the Long Creek Watershed, which is a listed "Urban Impaired Stream" (UIS) in DEP's Chapter 502.  The project will create 1.57 acres of new impervious area.  Under MaineDEP requirements, the UIS standard kicks in at 3 acres of new impervious area; therefore this project is not required to meet the UIS standard under State Stormwater Law.  However, per City requirements: 

City's Technical Standard 5) II. A. All development, except single and two family homes, subject to City of Portland review shall be required to comply with the Urban Impaired Stream Standard pursuant to MaineDEP Chapter 500 Stormwater Management Rules if they are located within these watersheds: a) Capisic Brook, b) Fall Brook, c) Nason's Brook

City Code of Ordinances, 14-526, (b) 3. c. All development, except Level I minor residential development, that are located within the watershed of an Urban Impaired Stream shall comply with the Urban Impaired Stream standards pursuant to MaineDEP Chapter 500 Stormwater Management Rules, as described in Section 5 of the Technical Manual.

So the question at hand, does a project that falls within the Long Creek watershed need to meet the UIS Standard for compliance with the City’s Code of Ordinances?   

If the answer is yes, presumably the Applicant will elect to pay the fee (approx. $8,000) in lieu of “mitigating project impacts by treating, reducing or eliminating an off-site…pre-development impervious stormwater source”.  The City has a MaineDEP-approved plan in place to utilize the in-lieu-fee money collected, a Compensation Fee Utilization Plan (CFUP).  In that plan, it states “Long Creek projects are not included in this CFUP. Property within this watershed in the City of Portland is primarily publicly owned and will not likely be subject to Urban Impaired Stream standards. Additionally most development in the Long Creek watershed is managed and regulated under the General Permit: Post Construction Discharge of Stormwater in the Long Creek Watershed.”

Clearly we have found one project that slipped between the cracks.  If money is collected for this project, it would make sense that it goes to the Long Creek Watershed Management District to use in their CFUP.  That said, the LCWMD will (separately) collect payment from the Applicant associated with Stream Restoration and Monitoring Fees on the order of $7,500 either upfront, or invoiced over the next 7 years (maybe longer depending on permit renewal).  The Stream Restoration and Monitoring Fees are NOT fees associated with the UIS standard, but the ultimate goal for collecting this money is the same (improving water quality in the stream).

So long story short, my recommendation would be that we hold tight to the language in the City’s Technical Standards and NOT assess a fee to this project.  I’m not sure if there is even a legal ground to the City requiring the applicant pay money to the LCWMD?

Glad to hear your thoughts.

Thanks

Dave

 

David Senus, PE (Maine), Project Manager
Woodard & Curran, Inc.
41 Hutchins Drive
Portland, ME 04102
Phone: (800) 426-4262 x3241
Fax:   (207) 774-6635

Woodard & Curran
www.woodardcurran.com
Commitment & Integrity Drive Results 

 

 

 

 

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