oregon department of transportation stormwater management initiative: meeting new challenges...

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

Water Quality Storm CloudWater Quality Storm Cloud

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

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

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

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

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

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

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


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


Nightmare ScenarioNightmare ScenarioRequired numeric standardsRequired numeric standardsMonitoring to demonstrate Monitoring to demonstrate

compliancecompliancePotential remediation Potential remediation

requirementsrequirementsConsultation gridlockConsultation gridlock

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

Solution StrategySolution Strategy

All solutions All solutions must bemust be

PermitablePermitable

ConstructibleConstructible

Maintainable Maintainable


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


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


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

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

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

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



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

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


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


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

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


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


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”

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

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

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


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


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

Questions?Questions?

oregon department of transportation stormwater management initiative: meeting new challenges...

Documents

nmfs slide

science slide

sea slide

point of discharge slide

esa consultation process

dilution action area

area managers team slide

species recovery slide