NEW DEVELOPMENT & CONSTRUCTION CONTROLS NEW DEVELOPMENT & CONSTRUCTION CONTROLS QUALITATIVE RESULTS Municipality: City of Walnut Creek Permit Year: (2007/2008) Introduction: The City of Walnut Creek is committed to meeting its NPDES permit provisions in new developments and reconstructions, including the new development runoff and Hydrograph Modification Plan (HMP) requirements. The City cooperated in many countywide initiatives. Two City staff members participated in the Provision C.3 Implementation Work Group and the New Development and Construction Control Committee. They dedicated numerous hours to formulate new policies and procedures that would guide implementation countywide. In this permit year, they reviewed the fourth edition of the Contra Costa “Stormwater C.3 Guidebook” and Request for Proposals (RFPs) for a soil environmental consultant. Throughout the year, the NPDES Coordinator worked with Engineering staff and inspectors to develop standard guidelines related to the operation and maintenance of stormwater facilities. They jointly prepared an inspection card to be used by Engineering inspectors to verify the construction of stormwater treatment facilities. The card listed several milestones (such as site layout, underground pipe installation, soil media mix testing, and others) where both the assigned project engineer and inspector will need to sign off on the card before a contractor can proceed to the next stage in construction. On a regular basis, the NPDES Coordinator met with Engineering and Planning staff to discuss how the countywide model guidelines can be translated into practical City policies and procedures. City staff added new conditions of approval for projects covered under Provision C.3 and HMP requirements and modified the City’s Stormwater Ordinance accordingly. The “bucket field test,” an informal method to test soil mix developed by the City’s Engineering staff, has been used by agency members of the Contra Costa Clean Water Program (CCCWP). The test provides contractors and field inspectors a quick indicator of whether the soil mix media is within the approved parameters for soil absorption – a critical factor to an effective stormwater treatment facility. Engineering and Planning staff continued to educate developers, contractors, and construction superintendents of pollution prevention and new Provision C.3 requirements at the early stage of the planning process. Providing excerpts of the Contra Costa “Stormwater C.3 Guidebook” and informational meetings were some ways staff communicated the Permit provisions to project applicants during pre-design stage. Engineering inspectors were trained in erosion and sediment control measures. They paid closer attention to projects over one acre of land disturbance with State General Construction permits from the State Water Resources Board. Before the start of the NDCC - 1 rainy season, Engineering inspectors inspected projects with active grading permits to ensure that adequate erosion and sediment control measures were installed. There were 23 projects with active grading permits in this permit year. In reviewing projects that were covered under Provision C.3, staff emphasized preserving existing vegetation by minimizing land disturbance, incorporating clustered development, and implementing low-impact development principles. Natural vegetation provides filtration of pollutants and silts, controls erosion, protects water quality, and provides aesthetic values to the project. In this permit year, seven projects received approved Stormwater Control Plans and twelve other projects covered under Provision C.3 requirements were in various stages of tentative map review, permit review, and construction. Beginning in late August, the NPDES Coordinator mailed letters to project superintendents reminding them to prepare and submit erosion control plans for approval by the City. The City’s General Notes for Erosion Control require that all projects with active grading permits must install erosion and sediment control measures by October 15. One Stop Work Order was issued to a project that failed to prepare and install erosion and sediment control measures by the deadline. The City’s Engineering inspectors visited every construction project before the start of the rainy season and after each significant event. The NPDES Coordinator submitted a report to the San Francisco Regional Water Quality Control Board verifying that all active construction projects with issued grading permits had been inspected and were found to be in compliance with effective erosion control measures. Throughout the rainy season, projects with ineffective or failing erosion control measures were required to correct the deficiencies. All contractors working for the City were required to implement effective stormwater Best Management Practices (BMPs) for construction sites. Each plan of a Capital Investment Plan (CIP) project includes a copy of the Stormwater Construction BMPs for contractors to follow. At a minimum, contractors are required to place filter materials to keep debris and sediment from entering the City’s drainage system. Engineering staff distributed 32 copies of “Blueprint for a Clean Bay” booklets to project applicants and contractors. In our ongoing effort to improve the City’s enforcement strategy related to construction activities, several meetings took place among staff from the Building and Engineering Divisions to review our current enforcement policies and practices. This dialogue resulted in streamlining the oversight of development and construction activities. Implementation & Evaluation: A. The City of Walnut Creek incorporated policies and implementation measures into the recently adopted General Plan 2025 to help preserve and enhance water quality and protect sensitive areas. NDCC - 2 The General Plan includes provisions for existing open space, watershed and creeks, trails, parks, and recreation facilities. The City’s General Plan provides a blueprint for the City’s Zoning Ordinance by ensuring that there is a consistent and reinforcing relationship between the two policies. As outlined in the General Plan document, the City supports a joint planning effort to develop a “smart growth” response to future change. Smart growth encourages more mixed-used development within existing urban areas, higher density, and less automobile-dependent development. Called “Shaping Our Future”, the project focused on: Open space preservation Reinvestment in and preservation of existing urban areas and neighborhoods Mixed-use development to bring shops, services, and entertainment close to residential areas Encouraging access by walking, biking, and use of public transit system. The Federal Emergency Management Agency (FEMA) approved the City of Walnut Creek’s Local Hazard Mitigation Plan in this permit year, assuring eligibility for federal grants for projects to reduce hazards in advance of natural disasters. The City Council adopted a resolution to support a regional MultiJurisdictional Hazard Mitigation Plan developed in cooperation with other local agencies coordinated by the Association of Bay Area Governments (ABAG). B. When an applicant initiates a new development or redevelopment project with the City, Planning staff reviews the project using a comprehensive California Environmental Quality Act (CEQA) checklist to evaluate its impacts (per Provision C.3.m). See Attachment ND-1. City planners consider environmental impacts of factors, such as: Biological resources Hydrology/water quality Geology/soils Land use/planning Public services and many others. C. Engineering staff experimented and came up with a simple soil testing apparatus to verify soil qualities at job sites. The simple field apparatus was created by drilling some holes in the bottom of a five-gallon bucket. The bucket was filled with soil mix and water to a certain level. Using a timer, staff could determine the rate of soil permeability. It was noted that the Integrated Management Plan (IMP) soils need to derive their moisture-holding capacity primarily from the organics, rather than from fine materials. This method was shared with other agency members of the Provision C.3 Implementation Committee. Project superintendents and Engineering inspectors have used this simple test at their sites to determine if their soils were within an acceptable absorption range. NDCC - 3 D. City staff regularly participated in the New Development and Construction Controls Committee meetings as well as in the Provision C.3 Implementation meetings. Updated legislation and information received from this committee was communicated to appropriate City staff. Engineering staff assisted the CCCWP to review the RFPs for a soil consultant, which will work in refining the field soilmedia mix verification test (as discussed above) from a scientific perspective. Staff are currently reviewing the fourth edition of the Contra Costa “Stormwater C.3 Guidebook”’ which is expected to be released after the Municipal NPDES Regional Permit (MRP) is adopted and its provisions are incorporated. City Engineering staff came up with two new concepts of IMPs for small-lot project development, which were shared with the Contra Costa Clean Water Program. CCCWP is currently contracting with an engineering consultant to prepare a hydraulic model to develop these IMP designs and specifications. Seven projects have gone through the entitlement process and received approvals on their Stormwater Control Plans (see Attachment ND-2). The following are projects with approved Plans during FY 2007/2008. Their Stormwater Control Plans (SWCPs) are included in this Annual Report. Varian Building (see Attachment ND-2.a). 2275 Overlook Subdivision (see Attachment ND-2.b). Central Contra Costa Sanitary District Corporation Yard Improvements (see Attachment ND-2.c). Walnut Creek Public Library (see Attachment ND-2.d). 2245 Overlook Subdivision (see Attachment ND-2.e). Brian Ranch Subdivision (see Attachment ND-2.f). Cole Terrace Subdivision (see Attachment ND-2.g). The Stormwater Control Plans for the projects listed above were included in this Annual Report. Section IV of each plan includes information on the party responsible to operate and maintain the facilities, type of source controls, and treatment controls that were installed. The City’s public library will include a number of source controls on-site that merit mention. Among them are storm drain stenciling; interior floor drains and elevator shaft sump pumps connected to the sanitary sewer; covered parking garage floor drains plumbed to the sanitary sewer; refuse area BMPs; and use of Integrated Pest Management (IPM) practices in their landscape maintenance. In addition, a number of self-retaining planters and grassy swales will be installed to treat onsite runoff from the library and its surface parking lot. E. Attachment ND-3 lists 12 projects that were subject to Provision C.3 in FY 2007/2008. Three projects had Stormwater Control Plans approved in the previous year – they were either in a construction stage or in site development permit review. Nine other projects were either in a tentative map process or in a planning review stage. These projects ranged from multi-family residence to a hospital and a corporation yard. NDCC - 4 In addition to meeting Provision C.3 requirements with low-impact development, John Muir Medical Center will install a facility to treat its groundwater discharge as required under its State General Permit for Groundwater Discharges. During earlier monitoring, it was determined that the project’s groundwater discharge contains a high level of sulfates – a natural occurrence for the area. The hospital will conduct water quality monitoring of certain parameters at regular intervals and submit the annual report to the State Regional Water Quality Control Board. F. The City of Walnut Creek and other agency members of the Contra Costa Clean Water Program have been working with staff of BASMAA and the Regional Water Quality Control Board to develop an MRP in the past three years. When approved, the new Permit will cover five counties and seventy-six jurisdictions in the greater San Francisco Bay areas. The regional permit will create a level playing field among all regulated permittees and pose opportunities for collaborative efforts in meeting some Permit provisions, such as, water quality monitoring, special studies, and implementation of the Total Maximum Daily Loads (TMDLs). The City’s NPDES Permit expired in 2004 but has been administratively extended by the Regional Board while the MRP is being developed. In the process of developing this regional NPDES Permit, staff has reviewed internal procedures that have not been revised since the original permit, which was written in 1999. The lengthy annual report and documentation currently required under the existing permit are too cumbersome to prepare, write, and review. Staff is proposing a prioritized and integrated Permit that focuses on meeting the ultimate goals of the Clean Water Act. With this approach, the proposed annual report can be simplified to capture the improvements regulated agencies have made, rather than focusing on the lengthy process. The NPDES Coordinator will continue to support the MRP process as one of the highest priorities. Staff has, and will continue to, attend all MRP meetings and work groups, and provide suggestions whenever the opportunity presents. G. On October 20, 2007, the City hosted a “Sustainable Walnut Creek: Going Green Together” summit at the Lesher Center for the Arts. The purpose of the event was to share information and creative ideas on the many ways we can improve the local and global environment, and to become inspired so that we might take action on our own. Residents and business owners could asks questions related to carbon footprints, the Kyoto protocol, LEED-certification, photovoltaics, and many more sustainable measures. The City’s Clean Water program was among the exhibitors participating at this summit. NDCC - 5 Based on a citizens’ survey conducted by the City through the National Research Center in Spring of 2007, most Walnut Creek residents said they would be likely to do a variety of things themselves to improve the environmental quality of life in Walnut Creek. The following is a summary of the survey: Residents are likely to patronize a “green” business Residents are likely to properly dispose of or recycle household batteries Residents are likely to reduce the use of their woodburning fireplace Residents are likely to replace standard light bulbs with energy-efficient bulbs Residents are likely to reduce landscape watering Residents are likely to park once downtown and use the Free Ride trolley Residents are likely to use a commute alternative (carpool, transit, biking, etc.) Residents are likely to time their car trips to avoid commute hour traffic Residents are likely to use a commercial car wash rather than wash at home Percentage 81 % 65 % 61 % 50 % 72 % 42 % 63 % 87 % 77 % The City’s commitment to sustainability was shown in its dedication to have “Going Green Together” columns in every In a Nutshell newsletter. The City helped organize a “Build It Green” home tour on June 1, 2008, that gave a glimpse inside some of the East Bay’s greenest homes. In May of 2008, a number of visitors from other jurisdictions along with City Engineering, Planning, and Building staff toured the recently constructed Villa Vasconcellos housing development - a new 70-unit apartment building for extremely low and very-low income seniors. The project was an example of a green building. Although it was not covered under Provision C.3 requirements, it installed many notable “green” improvements, such as, dry cisterns and permeable pavers to capture rain waters. Common-area electricity and hot water were provided through solar power. It installed Energy Star appliances, low E windows, and drought tolerant landscaping. The complex, which opened in February, was designed for seniors over 55 years old. All units are affordable to low- income people. The City provided funding of $2.6 million through its Community Development Block Grant program to help make the $19-million project possible. NDCC - 6 H. The NPDES Coordinator met with other City staff regularly to discuss implementation of Provision C.3 and HMP. Planning staff is updating its project checklist to ensure that Provision C.3 requirements are communicated to project applicants at the earliest possible stage. As a project begins the development process, it is reviewed by Building, Planning, Engineering, and Traffic Engineering staff. Early in this stage, the applicant is informed of recommended and required measures, such as, reducing pervious surfaces, directing more surface runoff to landscaped areas, and installing post-construction BMPs. City’s Preliminary Review Team meets weekly to provide a cursory preapplication review of projects. Initial feedback is provided to the developer by Planning, Engineering, Building, and Transportation Division staff members. At this meeting, staff directs developers of residential projects to consider site planning and design BMPs, such as clustering units, minimizing hillside grading by possibly relocating houses, and minimizing impervious surface. Developers of commercial projects are asked to replace existing pavement and concrete surfaces with landscaped areas and interlocking pavers. Developers of projects subject to Provision C.3 are also informed of these requirements. Additional information was entered for projects subject to Provision C.3 in the PermitsPlus database system. When these projects are completed, staff will enter the information related to the operation and maintenance obligations of the constructed stormwater treatment facilities (see Attachment ND-5.) I. In October 2007, three Engineering staff attended a regional “Rein in the Rain” Provision C.3 and Hydrograph Modification workshop in Shadelands Civic Arts Center. Two Engineering staff attended a low-impact development training in Oakland. The workshops, sponsored by CCCWP and Bay Area Stormwater Agencies Association (BASMAA) respectively, covered all Provision C.3 requirements and addressed the need to integrate stormwater treatment facilities into a preliminary site layout and landscape designs, preparing a Stormwater Control Plan, using the IMP sizing calculator, and participating in a walk-through design exercise in smaller-group setting. J. In November 2007, ten Engineering, Building, and Maintenance staff attended a construction inspection workshop hosted by the Contra Costa Clean Water Program. The attendees learned about inspecting a construction project to assure effective erosion and sediment controls. Examples of proper installation of these control measures were highlighted. Following the workshop, staff went on a field trip to a new Rose Garden commercial development in Danville to observe recently constructed stormwater IMPs. The field trip provided useful information to assist staff in evaluating what IMP designs work effectively and identify any pitfalls. Attachment ND-11.a includes the agenda for this workshop. Attachment ND-11.b includes the Inspectors’ Training certificates. NDCC - 7 K. Recognizing the importance of incorporating stormwater runoff control requirements at the earliest stage possible, the City continues to provide informational brochures on Provision C.3. (See Attachment ND-12 for a copy of the Fact Sheet.) Planning and Engineering staff have distributed this brochure to permit applicants at design review meetings and communicated the potential requirements on applicable projects to project architects and engineers. Furthermore, staff continues to provide an informational memo to developers addressing the new HMP requirements adopted by the Regional Board last fiscal year. As the City encountered more projects subject to Provision C.3, one major challenge faced by City Engineering staff and inspectors was to ensure these facilities were installed appropriately. Lack of approved standards for accepting the soil-mix media in the field was identified as the biggest concern. Adequate site layout for placement of these facilities was the second concern raised by the inspector. With the City’s being held responsible by the Regional Board to ensure effective operation and maintenance of these structures in perpetuity, staff recognized the important of their construction according to the approved plan. A slight deviation in the actual grading of a bio-swale can cause water retention longer than necessary – possibly creating a mosquito-breeding habitat. For the past two months, the NPDES Coordinator worked with Engineering staff and inspectors to discuss different ways to provide adequate oversight during the installation of these structures. As a first try, staff jointly produced an inspection card with various milestones for each construction stage. The idea was for both the Engineering staff and inspector assigned to the project to sign off on each critical step before the contractor can proceed to the next stage in the construction (see Attachment ND-6.) The card provides documentation for the Stormwater Control Plan file of the project that both the developers and City staff have done their due diligence to ensure proper installation of these facilities. L. The City has standard Conditions of Approval (Attachment ND-4) and other permitting policies that contain requirements to meet the NPDES Permit. Examples include submitting a Notice of Intent (NOI) to the State Water Resources Control Board, preparing a Storm Water Pollution Prevention Plan (SWPPP) for construction projects over one acre, and having erosion and sediment controls in place for active construction during wet weather. During this permit year, there were ten projects disturbing a minimum of one acre that were required to prepare SWPPPs for City review. As a follow-up, a reminder letter was mailed to project applicants of any outstanding issues to resolve. (See Attachment ND-14 for a list of projects with active SWPPPs.) NDCC - 8 M. City staff requires project applicants to incorporate source controls, design measures, and treatment controls to minimize stormwater pollutant discharge and to limit peak runoff leaving the site to match with the pre-development flow to minimize downstream erosion. All new development projects with trash areas are required to cover and enclose them and provide perimeter grades that prevent water run-on/runoff. As a post-construction practice, we require developers to place “NO DUMPING – DRAINS TO CREEK” permanent decals on storm drain inlets. Other control measures include underground detention, bio-swales, infiltration planters, retention basins, and inlet filters. Engineering staff attached the Construction Site BMPs plan sheet to project bid packages and included a separate line item for related expenses. Building Division staff attached the Construction Site BMPs plan sheet to all projects requiring building permits. This is to ensure contractors are aware of potential sources for stormwater pollution in building-construction-related activities. N. Provision C.3.e required that Walnut Creek compile a list of properties (both public and private) and responsible owners for all the stormwater treatment measures. Since most are within private properties, the responsibility of operation, inspection, and maintenance lies with the property owners. The City requires the project owner to execute Stormwater Facilities Operations and Maintenance (O&M) and Right of Entry Agreements. In addition to outlining the owner’s responsibilities, the agreements allow City staff to enter the premises and inspect the facility. Recommendation(s) from the Provision C.3 Legal Work Group will influence how the City requires private developments to address operation and maintenance of the facilities. Currently, the Work Group is using Sunnyvale Estates, a residential subdivision in Walnut Creek, as its case study. O. Per Provision C.3.iv, Engineering staff will track the number of post-construction BMPs implemented through private and public development projects. Once a permit is issued, the assigned project engineer will enter the information related to the treatment facilities (such as the type, location, inspection and maintenance schedule, and the responsible party) into an Excel spreadsheet. Eventually, this information will be uploaded as a GIS layer for tracking. At the end of the fiscal year, the list of treatment facilities will be forwarded to the Contra Costa County Mosquito and Vector Control District, as appropriate. P. The City has a comprehensive erosion control program. All projects disturbing the existing grade between October 1 and April 15 are required to implement erosion control measures. The City’s Improvement Plan Checklist addresses Erosion Control Plans. The City also has standard erosion control notes, which must appear on all Erosion Control Plans. NDCC - 9 By September 2006, Engineering staff distributed reminder letters to project superintendents and applicants to submit Erosion Control Plans and to install proper control measures by October 1. This requirement also applied to City projects as stated in the project’s contract specification documents. In FY 2007/2008, there was one Stop Work Order and two verbal warnings issued for not submitting an erosion and sediment control plan by the deadline. The requirement to prepare and submit an Erosion Control Plan is reiterated at the mandatory pre-construction meetings. (See Attachments ND-8.a and ND-8.b for samples of Erosion Control Plan reminder letters and Attachment ND-9 for copies of Pre-Rainy Season Inspection forms.) Q. Engineering inspectors monitored construction sites regularly to ensure adequacy of stormwater quality control measures. They also inspected those sites that were issued site development permits prior to the beginning of the wet season to ensure implementation and maintenance of proper erosion/sediment controls. When inspecting a project during the rainy season, they used a standardized inspection form to verify whether control measures were adequate and properly maintained. (See Attachment ND-10.) R. During this permit year, we had 40 new site development permits as well as approximately 10 site development permits carried over from previous years. Of these active permits, 23 involved site grading and remained active during wet weather, requiring erosion control plans to be implemented. The City Council awarded 31 capital investment projects, 10 of which related to building maintenance works; 15 projects were construction-related activities, and 6 were miscellaneous projects. A total of 920 drive-by and on-site inspections were performed on 40 projects during the rainy season. This is an average of 23 drive-by and on-site inspections per site between the months of October and April. Due to early education regarding erosion and sediment control measures, the number of projects out of compliance has been reduced. Six verbal warnings and one Stop Work Order were issued for non-compliance during the rainy season. Engineering staff issued a Notice of Violation to a contractor working on a CIP overlay project for not removing the temporary inlet protection after the project was completed. On average, our inspectors conducted at least ten field inspections for each construction project during the dry season. S. When an Engineering inspector determines that a project fails to install the required control measures, enforcement action is initiated. The inspector gives a verbal warning to the contractor if currently on site. Verbal warnings were effective in providing timely compliance approximately 90 percent of the time. If the contractor is unavailable or non-responsive, the Engineering inspector issues a Warning Notice and arranges for a joint inspection to be done within 24 hours. NDCC - 10 If corrective actions are not implemented by the deadline, a Stop Work Order is issued to the project. No other construction activities are allowed until the conditions are satisfied. T. When the same project fails to maintain the conditions of approval during construction, our Engineering inspector has the flexibility to forgo issuing the Warning Notice and can directly issue a Stop Work Order. With the issuance of a second Stop Work Order, all contractors, sub-contractors, and project owners are required to attend a meeting with City staff to go over the issues. All enforcement actions are documented by the Engineering inspector and Engineering staff assigned to the project and become part of the project file. If necessary, the document is sent to the appropriate regulatory agency. It has been a practice for Engineering staff to carbon copy the Regional Water Quality Control Board when writing a reprimand letter or Stop Work Order. Modifications: None proposed. Fiscal Year 2008/2009 Goals: A. Participating in the work groups to review and comment on the proposed Municipal NPDES Regional Permit (MRP) released by the San Francisco Bay Regional Water Quality Control Board. B. Goals for the City’s Clean Water Program will depend on what new provisions will be required once the proposed Permit is adopted by the State. NDCC - 11 NEW DEVELOPMENT & CONSTRUCTION CONTROLS – QUANTITATIVE RESULTS Description Industrial Projects Commercial Projects Residential Projects Total Construction Site Erosion and Sediment Control Number of Construction Projects1 23 Number of Construction Projects that were inactive or active during the rainy season2 5 Number of Projects Requiring (a) Proof of Coverage under the State’s General Construction Permit 10 Number of Pre-Rainy Season Construction Site Inspections Conducted and Reported to the San Francisco Bay and/or Central Valley Regional Water Quality Control Board(s) 23 Total Number of Rainy Season Inspections Conducted 920 Average Number of Rainy Season Inspections Conducted Per Site4 23 Number of Rainy Season Inspections to the Least Visited Site 14 Number of Rainy Season Inspections to the Most Visited Site 33 Number of Dry Season Inspections Conducted 400 Number of Enforcement Actions Taken: Written Corrective Measures 6 1Construction projects requiring a grading permit and/or an erosion and sediment control plan. projects requiring a grading permit and/or erosion and sediment control plan, which were either inactive or active during the rainy season. The rainy season is October 15 to April 1, or as defined by agency’s local ordinance. 3Construction projects resulting in a land disturbance of one (1) acre or more. 4 The average number of rainy season inspections conducted is calculated by dividing the “Total Number of RainySeason Inspections Conducted” by the total “Number of Construction Sites that were inactive and active during the rainy season.” 2Construction NDCC - 2 Description Industrial Projects Commercial Projects Residential Projects Total Notices to Comply 1 Stop Work Orders 1 Notices of Violation 0 Fines 0 Other: Verbal warnings 7 Education Activities Number of New Development and Construction Control Education Materials Distributed: BMP’s for the Construction Industry Pamphlet 0 “Blueprint for a Clean Bay” Booklet 32 “Builders Guide to Reuse and Recycling” 55 “Start at the Source” Manual 6 Construction Site BMP Plan Sheet 180 “Yes” / “No” 5x8 Cards 377 Other: 0 Number of Employees Attending Erosion & Sediment Control/Construction-Phase Controls Training/Workshops: a b Municipal Training/Workshops 3 Program Training/Workshops 22 a Other: 4b “Contra Costa County Road Maintenance BMP” and “Construction-site Inspectors” workshops. Regional “Reining in the Rain” Low-Impact Development Workshop in Oakland on April 23, 2008. NDCC - 3