Stormwater information for engineers and contractors completing construction projects within the Town of Goffstown.
- Total Maximum Daily Load (TMDL)
- Threatened and Endangered Species
- Cultural Resources
- Stormwater Pollution Prevention Plan (SWPPP)
- Best Management Practices (BMPs)
- Town Regulations
The Federal Water Quality Act of 1987 recognized that runoff from urban areas and industrial sites contributed to the pollution of surface waters. It required the U.S. Environmental Protection Agency (EPA) to address stormwater discharges using a two-phased approach. The Phase I final regulations were published in November of 1990. The Phase II final regulations were published in December of 1999.
In Phase I, the EPA required medium to large municipal separate storm sewer systems (MS4) operators to obtain permit coverage. These MS4s generally served areas with populations of 100,000 or more. Dischargers of "stormwater discharges associated with industrial activity" were also required to apply for permits.
Phase II regulates small municipal separate storm sewer system (Small MS4) discharges in Urban Areas (UA), stormwater discharge associated with construction activity of one acre of greater, and municipally owned industrial activities. A "small" MS4 is any MS4 not already covered by Phase I of the NPDES Stormwater Program. Goffstown has been designated as falling within EPA's urban area definition for Phase II permitting.
Phase II of the stormwater program automatically applies to all construction activities disturbing one or more acres of land. These sites must receive an NPDES Permit before any earthmoving activities begin. EPA may require construction sites disturbing less than one acre of land to obtain a stormwater discharge permit if such activities would adversely affect water quality.
In order to comply with Phase II of the stormwater program, please follow the steps below:
- Determine which parties are considered "operators" reponsible for complying with the Phase II requirements.
- An "operator" of a construction site, such as a developer, is one who maintains overall operational control over construction plans and specifications, including the ability to change these plans and specifications. And operator can also be one who maintains day-to-day operational control over activities that will ensure compliance with the Stormwater Pollution Prevention Plan (SWPPP), such as the general contractor or subcontractor.
- Complete and submit a Notice of Intent (NOI) to the Environmental Protection Agency (EPA) before construction activities that will cause land distubance begin.
- Develop a SWPPP prior to the start of construction. The SWPPP does not need to be submitted to EPA, but must be kept on the construction site and accessible to everyone during construction activities.
- Implement the SWPPP, including completion of inspection reports that must be kept on-site.
- Complete final stabilization of the site.
- Complete and submit a Notice of Termination (NOT) to EPA when any of the following occurs:
- After the land-disturbing activities are complete and the site has been finally stabilied, the operator should terminate his coverage under the permit by completing the NOT form and submitting to the EPA. The United States Environmental Protection Agency considers that a site has been finally stabilized when all land-disturbing activities are complete and a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been used.
- The permittee is no longer an operator of the site.
NOTICE OF INTENT (NOI)
If a project disturbs over one acre of ground or is one part of a larger project that ultimately impacts over one acre of ground, a Notice of Intent (NOI) is required to be completely researched, filled out and submitted to the EPA, either electronically via the internet or by hard copy with over-land delivery (US Postal Service or an express delivery service company). If the NOI is submitted and the required items of concern on the form have not been properly reviewed to determine if they would be impacted with the project, the applicant and all pertinent parties associated with them (engineer, contractor, etc.) may be found to be liable for breaking all relevant Federal laws. It behooves all parties to ensure that they have done their due diligence before submitting the NOI.
To submit a NOI, use this link to obtain EPA’s NOI materials and forms:
Total Maximum Daily Load (TMDL)
As stated by NHDES, “The Federal Water Pollution Control Act [PL92-500, commonly called the Clean Water Act (CWA)], as last reauthorized by the Water Quality Act of 1987, requires each state to submit two surface water quality documents to the U.S. Environmental Protection Agency (EPA) every two years. Section 305(b) of the CWA requires submittal of a report (commonly called the "305(b) Report"), that describes the quality of its surface waters and an analysis of the extent to which all such waters provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water.
The second document is typically called the "303(d) List," which is so named because it is a requirement of Section 303(d) of the CWA. The 303(d) List includes surface waters that are:
- Impaired or threatened by a pollutant or pollutant(s).
- Not expected to meet water quality standards within a reasonable time even after application of best available technology standards for point sources or best management practices for nonpoint sources.
- Require development and implementation of a comprehensive water quality study which is designed to meet water quality standards. NHDES List of threatened or impaired waters that require a TMDL
Threatened and Endangered Species
Prior to submittal of the NOI, the applicant must coordinate with the NH Natural Heritage Bureau and/or the US Fish and Wildlife Service to ensure that the proposed project will have no effect on Federally-listed Threatened and Endangered Species.
Section 106 of the National Historic Preservation Act requires that any project that uses Federal monies or requires a Federal permit or approval must allow the State Historic Preservation Office (the NH Division of Historical Resources [NHDHR] in NH, http://www.nh.gov/nhdhr/) an opportunity to review the entire project’s impacts on cultural resources (both archaeological and historical concerns). A memo or letter from NHDHR that states they have no concerns with the project should be obtained prior to submittal of the NOI to EPA. Signing of the NOI without finding out the project’s impacts on cultural resources may leave the applicant open to substantial legal liability.
Stormwater Pollution Prevention Plan (SWPPP)
A SWPPP must include the following information:
- Site description and design plans identifying potential sources of pollution that may affect the quality of stormwater discharges.
- Appropriate Best Management Practices (BMPs), including erosion, sediment, and stormwater manangement controls to minimize the discharge of pollutants from the site.
- Decription of steps taken to prevent and control pollutants in stormwater discharge from the site, including an inspection schedule of all disturbed, unstabilized areas and maintenance of all controls to ensure their proper operation.
- Use link to obtain EPA's SWPPP materials and forms: SWPPP Guidance
Best Management Practices (BMPs)
BMPs are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw sewage. BMPs may include structural devices or nonstructural practices.
BMP Reference Materials
EPA’s National Menu of Stormwater Best Management Practices
New Hampshire Department of Environmental Services Stormwater Manual
The Town of Goffstown has specific site development regulations that establish set requirements for site designs within the Town. The site design and development criteria may be found at the link below:
If you have any questions regarding the stormwater permitting process within the Town of Goffstown, NH, please contact:
Goffstown Public Works Department
404 Elm Street
Goffstown, NH 03045
Tel: 603-497-3617 ext. 227