Oregon Department of Transportation Stormwater Management Initiative: Meeting New Challenges

1. Oregon Department of Transportation Stormwater Management Initiative:Meeting New Challenges Presented by: Jennifer Sellers, ODOT December 11, 2007

2. Overview of Water Quality Issues • Regulation of stormwater is a national issue • Urbanization creating more degradation of in-stream habitat • Copper a problem in the Pacific Northwest

3. Problem Statement Stormwater has become a major impediment to efficient ESA consultation process due to: • Changing criteria for effect determinations in ESA Section 7 consultations • Potential extension of the “action area” from the point of discharge to the sea

4. Problem Statement Changing Criteria • ODOT has based effect determinations on the change between pre-project and post-project conditions • NMFS is basing effect determinations on the absolute quality of the stormwater at the point of discharge

5. Changing Criteria: Implications to ODOT’s Program Region Biologists were surveyed and estimated a 20 – 50% increase in number of formal consultations

6. Problem Statement Action Area Current ODOT Action Area Definition • 2-miles downstream from point of discharge or as project conditions indicate NMFS Proposed Action Area Definition • Look at on a project-by-project basis • Project team should coordinate with NMFS early to determine • Potentially from point of discharge to the ocean or major confluence

7. Expanded Action Area Impact to ODOT’s Program • Consultation for projects in large areas of Regions 4 and 5 may be required

8. Overall Impact to ODOT’s Program Nightmare Scenario • Required numeric standards • Monitoring to demonstrate compliance • Potential remediation requirements • Consultation gridlock

9. Solution Strategy Collaborative approach that includes all of the interested parties • ODOT - USFWS • NMFS - ODFW • FHWA - EPA • DEQ

10. Solution Strategy • A Technical Team comprised of hydraulic engineers and stormwater designers from ODOT, DEQ, and FHWA • ODOT Office of Maintenance • ODOT Environmental Leadership Team, Technical Leadership Team, and Area Managers Team

11. Solution Strategy: ODOT’s Goals Develop a stormwater treatment program to: • Provide ODOT and FHWA with certainty regarding scope, schedule, and budget • Streamline the permitting process • Meet all regulatory needs • Result in an overall environmental benefit and promote species recovery

12. Solution Strategy: ODOT’s Goals All solutions must be Permitable Constructible Maintainable

13. Solution Strategy Twin tracks: • Technical: Develop the process and tools for effective stormwater management • Regulatory: Streamline the ESA consultation process

14. Solution Strategy: Technical • Clarify and improve ODOT’s process for addressing stormwater management • Develop tools to select the most effective treatment for individual projects • Select design storms based on science

15. Status: Technical Project Development Process • Planning for stormwater management early in project development • Incorporate Low Impact Development techniques whenever feasible • BMP and Design Storm Guidance being incorporated into ODOT Hydraulics Manual

16. Status: Technical Design Guidance • BMP Summary Reports Completed • BMP Selection Tool being tested and refined on pilot projects • Draft rating of BMP effectiveness • Preferred BMPs identified • BMP Selection Tool Users’ Guide to be developed

17. Status: Technical Design Guidance • Water Quality Design Storms have received regulatory acceptance • Flow Control Design Storm has an accepted upper limit, and lower limit is nearing acceptance

18. Solution Strategy: Regulatory • Articulation and clarification of Effect Determination criteria and thresholds • Develop tools for Streamlined Permitting

19. Solution Strategy: Regulatory Effects Determinations • Agree that copper causes sublethal effects to listed salmonids • NMFS develops guidelines for Effects Determinations based on project elements and stormwater management

20. Solution Strategy: Regulatory Permitting Streamlining • Agree on requirements to obtain NMFS buyoff on projects • Develop programmatic approaches to consultation on stormwater issues • Include technical products in SLOPES IV • Use pilot projects using the technical products in consultation to set precedent

21. Status: Regulatory • Agreement that if “effective” BMPs are used, then stormwater has been treated to maximum extent feasible • NMFS has provided written guidance for effect determinations • NMFS has presented a draft guidance on stormwater effects action area

22. Status: Regulatory • Pilot projects selected, with active work on one in Region 1 • Proposal for a Stormwater Programmatic rejected • Incorporated preferred BMPs and Design Storms into SLOPES IV

23. Status: Regulatory • For projects that cannot use SLOPES IV, stormwater analysis and conditions can be inserted into consultations via “incorporation by reference” • Investigating feasibility of a “SLOPES” with FHWA as the Action Agency

24. Next Steps • Integration of stormwater management tools into ODOT’s project development process • Develop a Watershed Approach to Stormwater Management

25. Future Steps: Watershed Approach • Treatment on small projects is often not cost effective • Some projects may not be able to meet water quality goals • Many permitted projects can have residual adverse effects • Highway runoff management may not address priority watershed goals

26. Watershed Approach • Trading or banking of credits for small projects or projects that cannot meet water quality treatment goals • Mitigation for residual adverse effects from permitted projects • Focus efforts toward maximum benefit to the watershed

27. Anticipated Benefits for FHWA and ODOT • Certainty in project development and construction • Reduction in project delays • Contributes to FHWA’s ESA Section 7(a)(1) requirements • Support of ODOT’s sustainability goals

28. Anticipated Benefits for Regulatory Agencies • Regulatory requirements are met • ESA-listed fish and habitat are protected • Oregon’s water quality and wetland resources are protected • Well-defined permit conditions that allow for flexibility in application • Reduces staff workload

29. Definition of Success • When guidance is approved by regulatory partners • When tools and guidance are in use by project teams • When stormwater is no longer a contentious issue

30. Questions?