New Development & Construction Controls

NEW DEVELOPMENT & CONSTRUCTION CONTROLS NEW DEVELOPMENT & CONSTRUCTION CONTROLSQUALITATIVE RESULTSMunicipality: Contra Costa County (Unincorporated) Permit Year: (2007/2008)Introduction:During Permit Year 2007/2008 (PY 07/08), Contra Costa County’s (“the County”) continued to improve its implementation of programs to minimize impacts to water quality related to development within the unincorporated portions of the County. The County has made progress in programs to control erosion and prevent pollutants from leaving active development sites, and has continued to improve implementation permanent post-construction stormwater management facilities (to treat stormwater runoff and provide flow control on an ongoing basis) in new development and redevelopment projects. The County’s New Development and Construction Controls Program (“NDCC Program”) is overseen by the County Watershed Program (“CWP”), housed in the Public Works Department’s Flood Control Division.Although the County was not faced with implementation of new permit requirements for PY 07/08, a substantial amount of NDCC Program effort was dedicated to analyzing and responding to the State Water Resource Control Board’s draft Construction General Permit, and more so the San Francisco Regional Water Quality Control Board’s draft Municipal Regional Permit (MRP), which would supersede the County’s current MS4 Municipal Stormwater NPDES Permit. The County made substantial strides during PY 07/08 in continuing to improve implementation of permit provision C.3’s requirement that non-exempt developments provide ongoing treatment and flow control of stormwater runoff. As the difficulties of initially integrating C.3 into the County’s (and developers’) processes has passed, the NDCC Program has been able to focus on the large task of addressing the details and subtleties of ensuring that permanent stormwater Best Management Practices (BMPs) are correctly designed, reviewed, installed, and maintained. For more information about the County’s New Development and Construction Controls Program, please contact David Swartz, Watershed Management Planning Specialist with the CWP, at (925) 313-2281 or by email at [email protected].NDCC - 1 Implementation & Evaluation: Analysis of Stated Permit Year 2006/2007 Annual Report Goals for PY 07/081. Continue to be to minimize adverse water quality impacts associated with land development activities to the maximum extent practical to a degree that meets or exceeds NPDES permit requirements. Continue to collaborate with County Departments and Divisions, other agencies, and the development community to enhance implementation of stormwater management measures during site development and through use of permanent stormwater management measures.The County’s NDCC Program has made progress in reducing water quality impacts associated with land development and land use activities in the unincorporated areas of the County.Through participation in Clean Water Program committees and work groups, attendance of conferences and trainings, and collaboration with other jurisdictions and private developers, the NDCC Program has improved its grasp of and processes for ensuring that development projects comply with the requirements of the NPDES Permit.The NDCC Program’s third year of implementing provision C.3 of the NPDES Permit provided the opportunity to continue to improve our means of compliance in a permit year without any phased in requirements. This has allowed the County to refine the review and inspection processes for development projects. As both County staff and the development community continue to learn from experience, the process of incorporating permanent stormwater management BMPs into developments is becoming noticeably smoother. Convey importance of and methods of erosion and sediment control to developers, building industry, and inspectors alike.The NDCC Program has continued to develop and improve policies, practices and mechanisms to guide the private development process through NPDES compliance. Many of these will be discussed below. County staff responsible for reviewing Stormwater Control Plans (“SWCPs”) and Stormwater Pollution Prevention Plans (“SWPPPs”) has continued to improve methods for reviewing. And incorporation of lessons learned through staff’s experience to date has enabled staff to provide more constructive feedback to the development community. Likewise, as inspectors responsible for ensuring that SWPPPs and SWCPs continue to gain experience, these inspections become more effective at ensuring that stormwater management facilities are properly constructed. As the development community also gains experience in stormwater management, C.3 compliance continues to be better integrated intoNDCC - 2 the project design, and is being implemented more smoothly. Although no County-initiated projects that are required to comply with C.3 have yet been approved, a number of projects are currently in planning and development phases. NDCC Program staff has assisted County staff in several departments in planning for C.3 compliance for upcoming road expansion projects and redevelopment projects on existing County facilities, and projects involving new development of County facilities. The NDCC Program continues to strive to ensure that the County has adequate systems and procedures in place to require developments to comply with the NPDES Permit both during the development process (through proper erosion and sediment control) and on an ongoing basis (through effective design, implementation, and maintenance of permanent stormwater BMPs).2. Complete the process of establishing the Community Facilities District to fund administration of the perpetual operation and maintenance of permanent stormwater management facilities. Develop all necessary related documents. OverviewDuring PY 07/08 the County completed the process of establishing a Community Facilities District (CFD) to fund administration of the perpetual operation and maintenance of permanent stormwater management facilities implemented to manage stormwater runoff from private development projects. Not only are there substantial costs associated with actually conducting ongoing operation and maintenance of stormwater management BMPs, but there are significant expenses for the administration of this ongoing operation and maintenance. Although the County requires property owners to operate and maintain the private stormwater management facilities in perpetuity, the County will oversee the operation and maintenance of private facilities (including monitoring, providing advice to the operators regarding operation and maintenance, keeping records and reporting to the Water Boards regarding the operation and maintenance of BMPs, and retaining the authority to compel operators to improve inadequate operation and maintenance practices).CFD Functions and DescriptionThe CFD generally functions as described in the Permit Year 2006/2007 Annual Report. The CFD has two tiers. Each tier is designed to fund specified activities, and sets forth maximum special tax rates, which are correlated with parcel size for residential and agricultural properties, and are determined by the amount of impervious surface being created and/or redeveloped for other projects. General descriptions of the CFD functions, services to be funded, and rate and method of apportionment are provided below.NDCC - 3 Tier 1The first tier (the lower default special tax rate) will be levied upon all parcels in the CFD, and will provide funding for all required County activities relative to administration of the stormwater management BMP operation and maintenance program (i.e. monitoring, record keeping, composing annual report section regarding operation and maintenance, etc.) that are to be conducted for all stormwater management BMPs. Each property will annually be levied a “Tier 1” special tax that will be determined by multiplying that property’s proportional responsibility (based on that property’s individual maximum special tax rate as a proportion of the aggregate maximum special tax rate for all properties in the CFD) for County Tier 1 services times the percentage of the aggregate maximum special tax levy that is actually expended by the County in providing Tier 1 services. Tier 2The second tier (with substantially higher maximum tax rate) will fund additional activities necessary to address inadequate maintenance of stormwater management BMPs (including potential code enforcement activities by the County, would be used to compel stormwater management facility operators whose operation and maintenance programs are deficient to resume adequate practices). The County will administratively elevate properties to the second tier of the tax if they did not respond adequately to initial communications from the County informing them that their operation and maintenance programs were not adequate and must be improved. “Tier 2” services provided by the County will be tracked on a development- by-development basis, and special tax levies will be on the costs to the County for providing Tier 2 services within that specific development (calculated on a property-by-property basis within the development).CFD Establishment MilestonesOn July 10, 2007, the County Board of Supervisors adopted Resolution No. 2007/355, which stated its intention to form CFD No. 2007-1. This resolution set forth the Description of Services Eligible to be Funded by the CFD and the Rate and Method of Apportionment for the CFD. The County will administratively elevate properties’ CFD special tax levy from Tier 1 to Tier 2 if the County is required to provide Tier 2 services to the property due to inadequate maintenance of stormwater management BMPs. The County will administratively lower the properties’ special tax levy from Tier 2 back to Tier 1 when the property owner(s) resume adequate operation and maintenanceNDCC - 4 practices. It should be noted that the maximum special tax rates are based on worst-case maintenance and enforcement scenarios that are highly unlikely to occur frequently; actual special tax levies are anticipated to be a small fraction of the stated maximum rates.On August 1, 2007, pursuant to an order from the Board of Supervisors, Contra Costa County entered into a Joint Community Facilities Agreement with the Contra Costa County Flood Control and Water Conservation District. This agreement authorizes cooperation between the County and the Flood Control District on NPDES-related projects that might provide benefits in the areas of flood control, and treatment and volume/flow control of stormwater runoff.On August 14, 2007, the owners of the initial property around which CFD 2007-1 was formed voted in favor of formation of and inclusion within CFD No. 2007-1. The County Board of Supervisors adopted Resolution No. 2007/402, which formally established CFD No. 2007-1; and Resolution No. 2007/403, which authorized the levying of special taxes by CFD No. 2007-1; and Resolution No. 2007/404, which declared the results of the special election to form the district around the initial territory.On September 11, 2007, Ordinance No. 2007/33 “Ordinance Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2007- 1 (Stormwater Management Facilities)” was adopted; it became effective on October 11, 2007.All documents necessary to effect annexations into CFD No. 2007-1 have been developed. The CFD annexation procedures have been integrated into the process for handling development applications that are subject to C.3 (see flow charts for process for subdivision applications, non-subdivision development applications, and administrative permit applications).Status and Ongoing Function of CFDThe County has thus far annexed three additional projects into CFD No. 2007-1. Future private development projects that install permanent stormwater management BMPs to comply with C.3 will be required to annex into the CFD pursuant to the developments’ conditions of approval. CFD 2007-1 will provide a revenue stream to the County that will offset the ongoing costs associated with the unfunded requirement to administer the ongoing operation and maintenance of permanent stormwater management BMPs.3. Continue to work with the Contra Costa Clean Water Program, other municipalities, and the development community, to implement effective and reasonable compliance with C.3 requirements.NDCC - 5 During PY 07/08 the County has pursued opportunities to collaborate with other entities to pursue goals of implementing our NPDES permit in a way that is effective, efficient, and consistent with good public policy.The County’s NDCC Program has continued to work closely with the Clean Water Program toward effective and integrated implementation of C.3 requirements. In addition to participation in committees and work groups, NDCC Program staff continues to work one-on-one with Clean Water Program staff and consultants to meet the challenges presented by Provision C.3. The NDCC Program has also taken advantage of numerous opportunities to collaborate with other permittees to identify the best solutions to ensuring C.3 compliance. This includes municipalities that are co-permittees under the County’s NPDES Permit and other communities in California and throughout the Pacific region. These collaborations have proven mutually beneficial in discussing lessons learned from experience and sharing documents.The NDCC Program has also had a mutually beneficial relationship with the development community. The County consistently provides advice to developers in how to integrate stormwater management into their projects, while the advice of the development community is sough in order to ensure that County policies and practices reflect understanding of the development process from the developers’ perspective.4. Participate in Contra Costa Clean Water Program work groups and committees relevant to New Development and Construction Controls. Cooperate in development on 4th edition of Stormwater C.3 Guidebook, and other materials to be used by municipal staff and the development community; and to assist in the guidance of policies and procedures related to NPDES compliance. The County’s NDCC Program continues to be engaged in work groups and committees pertinent to new development and construction controls functions of the County Watershed Program. County representation on NDCC-relevant Clean Water Program work groups and committees for PY 07/08: NDCC Committee – Rich Lierly, David Swartz (Public Works Department / County Watershed Program) Management Committee – Mitch Avalon, Greg Connaughton, Rich Lierly, David Swartz  Administrative Committee – Mitch Avalon, Greg Connaughton, Rich Lierly, David Swartz NDCC - 6  C.3 Implementation Work Group – Mitch Avalon, Greg Connaughton, Rich Lierly, Mark Boucher, David Swartz  C.3 Legal Work Group – David Schmidt, Kimberly Johnson The NDCC Program has found participation in NDCC-related groups to be extremely valuable. The Management and Administrative Committees form the backbone of the co-permittees’ efforts to leverage their collective strengths to better comply with the NPDES Permit. The NDCC Committee has proven helpful in determining collective strategies and discussing permittees’ individual approaches to complying with the NDCC portion of our NPDES permit. The C.3 Implementation Work Group provides an important forum for permittees to address issues specific to the C.3 facet of the NDCC component of the NPDES Permit; this work group addresses both programmatic C.3 issues and means of achieving compliance for individual projects. The C.3 Legal Workgroup offers an opportunity for permittees’ to pool legal experience and expertise to generate documents and recommendations addressing the legal implications of the permittees’ roles in implementing C.3 compliance.Among the important developments by the NDCC Committee and C.3 Implementation Work Group is the development of an interim means of verifying the infiltration rate of engineered soils proposed for use in permanent stormwater management BMPs. This has proved invaluable to the NDCC Program as the Clean Water Program oversees development of more refined guidance with regards to soil specifications and testing procedures (ideally these will be included in the 4th Edition Stormwater C.3 Guidebook).The NDCC Program continues to participate in the Clean Water Program’s preparation a draft of the Stormwater C.3 Guidebook - 4th Edition, which addresses issues with and makes improvements to the 3rd Edition. The NDCC Program is currently completing written comments regarding the Clean Water Program’s current draft of the 4th Edition. Although the target of completing the 4th Edition during PY 07/08 could not be met, the 4th Edition should be completed during Permit Year 2008/2009. The 4th Edition will contain significant improvements over the previous edition.5. Work with County staff to ensure compliance with the County’s NPDES permit. Continue to work with Building Inspection Department and Community Development Department, in particular, to improve integration of C.3 compliance into the overall development process. Continue to consult with the County staff and the development community to facilitate C.3 compliance for private development projects, and confer with relevant County staff to facilitate compliance for County-initiated projects. The CWP has continued to maintain positive working relationships acrossNDCC - 7 Departments and Divisions throughout the (unincorporated) County government in order to facilitate compliance with NDCC requirements of the NPDES Permit. The CWP strives to ensure that C.3 (and other NDCC) compliance is well- integrated into the County’s operating procedures. The CWP is a component of the Public Works Department’s Flood Control Division, continues to cooperate with literally all of the Divisions of the Public Works Department as well as many other Departments and Divisions within the County to ensure that both public and private projects comply with the NPDES permit. Department policies originate with the Administrative Services Division, an important role in ensuring that NPDES compliance remains a priority within the Department. Collaboration with the Design and Transportation Engineering Divisions focuses on ensuring that County infrastructure projects contemplate stormwater management requirements in the early phases of project scoping and design, and that projects will ultimately be C.3-compliant. Ensuring that these projects comply with the NPDES Permit also involves cooperation with the Maintenance Division, which oversees and conducts maintenance of County infrastructure. The Engineering Services Division reviews applications (including SWCPs) and provides comments and conditions of approval, eventually overseeing approved projects’ compliance with their conditions of approval. The Construction Division conducts inspections of C.3 (and other stormwater management) facilities for private and County public works projects, and ensures that appropriate erosion and sediment control practices are observed for these County projects. The NDCC Program collaborates with the Airports Division to ensure that projects on the County’s airports’ properties are C.3 compliant. The Real Property Division and CWP staff assists one another in ensuring that County projects will have adequate land to implement stormwater management practices, and to ensure that leases of County-owned land obligate the lessees to comply with the NPDES permit. While the Information Technology Division has been assisting the CWP in design (and will assist in implementation) of the C.3 database and C.3 GIS layer, the Finance Division has been assisting the CWP in integrating CFD 2007-1 into the CWP’s financial accounting system.The NDCC Program maintains near-constant communications with the Engineering Services Division in order to ensure that projects comply with provision C.3 of the NPDES Permit. The Engineering Services Division is the primary contact between the Public Works Department and the Department of Conservation and Development (see following paragraph), reviewing SWCPs through the application process and providing comments until the SWCP demonstrates that it is conceptually sufficient to be deemed preliminarily complete. After applications are approved, Engineering Services, in conjunction with the NDCC Program, works with applicants to ensure that the Final SWCP is refined until it can be deemed compliant with the Chapter 1014 of the County’s Ordinance (the Stormwater Management and Discharge Control Ordinance), which references the County’s NPDES Permit. Engineering Services subsequently oversees compliance with projects’ conditions of approval,NDCC - 8 including stormwater management requirements (with the exception of actually inspecting the stormwater management BMPs, which is conducted by the Construction Division). The Engineering Services Division is a key partner in ensuring that private development projects within the County comply with the NPDES Permit. As more projects begin construction, the importance of the Construction Division in ensuring NPDES compliance will continue to grow. NDCC Program collaboration with the Community Development Department (CDD) is crucial; as CDD is the lead agency for most private development projects. The CDD is an important partner in informing the development community of the advantages of considering stormwater management as early as possible in the development process, and remains the County’s “first line of defense” in that the CDD accepts most applications for private development and identifies applications must (or may need to) comply with C.3 and routes those applications to the Public Works Department. The CDD provided invaluable assistance to the NDCC Program in the process of establishing CFD No. 2007-1 (Stormwater Management facilities). The Building Inspection Department (BID) also remains crucial in ensuring compliance with the NPDES Permit. The Grading Division is charged with review of SWPPPs and conducts inspections for private development projects, ensuring the adequacy of the scope and implementation of SWPPPs. BID’s Plan Check Services verifies that projects comply with their conditions of approval at appropriate phases of the permitting and inspection processes, which is integral to ensuring that C.3 compliance is achieved. Cooperation with the BID has been extremely important in the processing of administrative permits that are subject to provision C.3. During PY07/08, the County initiated the process of merging the Community Development Department with the Building Inspection Department to form the new Department of Conservation and Development. The Department of Conservation and Development will retain both a Building Inspection Division and a Community Development Division. As this merger proceeds, the NDCC Program will seek out opportunities to streamline processes pertaining to NPDES compliance that had previously separately involved the two departments. Since implementation of the NPDES Permit, especially C.3, has substantial legal ramifications for the County, the advice of the County Counsel’s Office is extremely important in assisting the NDCC Program in identifying best policy choices. The County Counsel’s Office played a key role in assisting the NDCC Program in formation of CFD No. 2007-1, and has been engaged in drafting language for Operation and Maintenance Agreements (per permit provision C.3.e.i.4).As the NDCC Program oversees the County continuing to improve its implementation of the NPDES Permit, collaboration across Departments andNDCC - 9 Division will remain a crucial asset. 6. Continue to develop overall understanding of NDCC-related stormwater management issues for unincorporated County staff, outside agencies involved with the development process, and the development community. Improve utilization of LID principles in the manner in which water quality measures are incorporated into project design. CWP staff will continue to provide assistance regarding individual projects and overall interpretation of C.3 requirements.NDCC - 10 The NDCC Program continues to educate both County staff and the development community about overall NPDES permit requirements (often focusing on Provision C.3). This has served to facilitate developers in proposing effective means of complying with the NPDES permit and has assisted County staff in processing of applications. This years’ Construction Site Inspectors’ Annual Workshop, which was previously geared toward County staff but open to the development community, was divided into two days, with one day geared toward each group. Several departments’ staff, and many members of the development community, attended the workshop (September 25 and 26, 2007). The workshop addressed both erosion and sediment control on active development sites, and post-construction stormwater management facilities. The County’s Public Works Department, Building Inspection Department and Community Development Department were well- represented at the workshop.On a daily basis, the NDCC Program responds to inquiries from County staff and the development community related to NPDES compliance. The NDCC Program participates in the Developer Liaison Committee, which provides a forum for discourse between the development community and the Public Works Department. The NDCC Program offers one-on-one meetings with developers to facilitate C.3 implementation and provide direction toward implementing C.3 compliance for specific developments. NDCC Program staff has taken advantage of numerous opportunities to increase knowledge within the program, and for dissemination to other County staff and the development community. NDCC Program staff attended the California Stormwater Quality Association Conference (September 9-12, 2007), the County’s Construction Site Inspectors’ Annual Workshop (September 26, 2007), the San Francisco Estuary Institute’s biennial State of the Estuary Conference (October 16-18, 2007), The 3rd Quadrennial Contra Costa County Creek and Watershed Symposium (November 15, 2007), the International Erosion Control Association Annual Conference (February 18–22, 2008), and the multiple agency-sponsored workshop Reining in the Rain: Watershed-Friendly “Low Impact Development” Site Design and Permeable Pavements for Stormwater Management (April 23, 2008). NDCC Staff also participated in a number of webcasts from the EPA’s stormwater webcast series, including Post Construction Management - Green Building Programs, Urban BMP Performance, and BMP Retrofit “The Art and Science of Stormwater Retrofitting.”NDCC - 11 The NDCC Program has also begun the process of establishing a “branding campaign” that will increase the public’s awareness of stormwater management BMPs and C.3 requirements. The NDCC Program has begun to work with consultants to design logos that would identify C.3-compliant permanent stormwater management BMPs and development projects that include these facilities; ideally these would be considered desirable environmental amenities by property owners (and potential buyers) and would increase the extent to which the public understands issues associated with stormwater runoff from developments. These logos’ messages would be augmented by related educational pamphlets and website information. During PY 07/08, the NDCC Program adapted for use in Contra Costa County a handout that was originally prepared by the Marin County Stormwater Pollution Prevention Program. The Minimum Erosion / Sediment Control Measures for Small Construction Projects handout is distributed by Building Inspection Department staff. The NDCC Program is considering adapting the handout so that it may be required to be included in construction plans for projects.The County’s BMP Car Kits (see thorough description in the PEIO section of this Annual Report) provide an additional means of public education regarding NDCC issues. These kits, which are comprised of a number of relevant pamphlets and contact information, are carried by inspectors with the Public Works Department and Department of Conservation and Development - Building Inspection Division. The BMP Car Kits include (only NDCC-relevant materials are listed here): Pollution Notice (door hanger)  Notice of Clean Water Violation (form)  Best Management Practices for the Construction Industry (pamphlets) o General Construction and Site Supervision o Earth Moving Activities o Heavy Equipment Operation o Fresh Concrete and Mortar Application o Painting and Application of Solvents and Adhesives  And additional materials relevant to various types of projectsWhile inspectors are conducting field activities, the BMP Car Kits provide inspectors with materials addressing stormwater pollution prevention and erosion and sediment control issues (in both English and Spanish). The inspectors have these materials on hand to distribute not only at the sites where inspections are being conducted, but also at other locations where they may incidentally observe practices that might lead to introduction of pollutants (including sediment) into waterways.NDCC - 12 7. Continue to improve implementation of BMPs to the Maximum Extent Practicable (MEP) for projects that are not required to comply with provision C.3. Develop a formalized process for ensuring that projects that are subject to C.3, but that would otherwise be eligible for administrative approval, are required to comply with provision C.3 in a manner that remains as consistent as possible with procedures for processing administrative permit applications.During PY 07/08 a greatly increased number of projects that are required to implement stormwater management to the MEP, as opposed to being required to comply with C.3, have submitted SWCP documents that provide Low Impact Development stormwater management BMPs. The NDCC Program, other Public Works Department staff, the Community Development Department, and the Building Inspection Department have increased the extent to which stormwater management BMP implementation is required for projects that are not required to comply with provision C.3. Conditions of approval requiring use of BMPs to treat stormwater runoff (and provide some amount of hydrograph modification management) have been applied to a much larger percentage of these projects, and to a much greater degree, than had previously been required. Some development projects that are exempt from C.3 have nonetheless provided BMPs that would actually comply with C.3 regulations. Even though some projects that are not required to comply with C.3 implement such measures to a lesser extent, the features incorporated into these projects will cumulatively provide a significant contribution to reduction of development’s collective impacts on water quality. In addition, this increased degree of MEP compliance with the NPDES permit serves to increase awareness of and experience in incorporating stormwater management features into development. The NDCC Program has continued to ensure that horse facility projects, regardless of whether they are required to comply with C.3, incorporate appropriate permanent stormwater management BMPs, and have adequate plans for observing operational BMPs (especially with regards to manure management) to ensure that these projects do not pose threats to water quality.8. Develop a database and GIS layer to facilitate monitoring the operation and maintenance of stormwater management facilities, as well as tracking of applications that are subject to C.3 as they are processed by the County. Ensure that these systems, when implemented, will also help to analyze trends in C.3 compliance and BMP performance.The NDCC Program, in conjunction with the County Public Works Department’s Information Technology Division had been very near to completion of specifications for a database and GIS layer to track projects that are C.3. This system is intended to facilitate tracking and storage of data relative to projects that are subject to C.3. The C.3 database would enable tracking of projects beginning with the processNDCC - 13 of project review and approval, through construction, and into the ongoing operation and maintenance of permanent stormwater management BMPs. The database is to be accompanied by a C.3 GIS layer in the County’s system that would spatially locate projects and BMPs to facilitate inspections and subsequent studies regarding BMPs.A substantial benefit of the database will be to facilitate generation of quantitative data for NPDES annual reports.Due to the substantially changed and expanded scope of reporting requirements under the most recent draft of the MRP, and especially the extremely thorough, rigid and prescriptive nature of the reporting requirements, the C.3 database and GIS layer have been put on hold indefinitely until future reporting requirements have been established. Modifications: Applications for Development and RedevelopmentAs the region is in an economic downturn which has severely impacted the housing and development sectors of the economy, the area of undeveloped land in the unincorporated County has not substantially decreased. There are, however, many developments that have been approved, but not yet constructed; many of these approved developments will be required to comply with C.3. Despite a significant reduction in the number of applications received, the County is processing hundreds of applications. The statuses of applications for development in the unincorporated area of the County that are (or may be) subject to C.3 are summarized in the table entitled NDCC-1. The NDCC Program has continued to develop the necessary framework for implementation of C.3 on an ongoing basis. Although development of the C.3 database and GIS layer has been put on hold pending finalization of the MRP, the County did succeed in completing establishment of the CFD to fund oversight of the ongoing operation and maintenance of permanent stormwater management BMPs by property owners. The County has yet to finalize standardized Operation and Maintenance Agreements with property owners, but is in the process of refining such documents. As the County continues to develop its NDCC Program, the procedure for processing applications (with regards to C.3 compliance) has become better defined. The NDCC Program has developed flow charts that generally define the protocol for subdivision applications, for non-subdivision entitlements, and for administrative permit applications.The quality of SWCPs submitted to the County for review with applications for development continues to show improvement, demonstrating better grasp of site design issues related to stormwater management. However, as County staff grows more adept at reviewing SWCPs, recognizing deficiencies and recommending revisions, it is not uncommon for SWCPs to require three or more iterations prior to being deemedNDCC - 14 “preliminarily complete.” Several more sets of revisions are often required prior to a preliminarily complete SWCP being refined into a “Final” SWCP that complies with Chapter 1014 of the County Ordinance (Stormwater Management and Discharge Control), which was drafted to effect compliance with the NPDES Permit. Although it is still evident in some projects’ application materials that stormwater management requirements were an afterthought, most applications are submitted with reasonably well-integrated SWCPs that generally follow the guidance from the Contra Costa Clean Water Program’s Stormwater C.3 Guidebook. Many SWCPs still struggle with challenging site constraints, such as topographic constraints (including too severe of slopes and too little topographic variation), clayey soils, challenging drainage patterns, and utility conflicts. Ensuring that SWCP details provide for treatment (and potentially flow control) of the correct volume of water remains a focus of County staff that reviews SWCPs. Drawing details such as inlet designs and elevations and transitions from impervious area to BMPs tend to require especially close scrutiny.The County did not grant any exceptions to provision C.3, and did not approve use of Alternative Compliance methods (per permit provision C.3.g). Developers continue to make efforts to reduce the amount of impervious surface created by projects in order to avoid exceeding the 10,000 square foot threshold triggering the requirement to comply with provision C.3, or to avoid exceeding the one acre threshold that triggers the requirement to provide for volume/flow control (in addition to treatment). Although these projects will not be required to install BMPs that comply with C.3, they are increasingly implementing Low Impact Development BMPs to provide stormwater management to the Maximum Extent Practicable. The reduction in new and redeveloped impervious surface associated with these efforts will also serve to reduce the developments’ impacts to water quality, and in themselves these reduction in impervious surface serve the goals of the NPDES Permit. On a related, but seemingly contradictory note, many projects that are required to comply with provision C.3 substantially “overdesign” their stormwater management facilities. Most projects’ stormwater management facilities are sized larger than the minimum required BMP area. In fact, a number of projects required to provide treatment of stormwater runoff (but not flow control) have overdesigned their BMPs to the extent that they would comply with the flow control requirement.An attached table provides a complete summary of development projects for which Final Stormwater Control Plans were deemed compliant during PY 07/08. A summarizing other C.3 projects that are currently being processed by the County is also included; this table covers projects that are (or may be) subject to Provision C.3 (including applications that have not yet submitted a compliant Final Stormwater Control Plan, as well as developments for which the Final Stormwater Control Plan was deemed compliant in a previous Permit Year). NDCC - 15 The following is a summary of data regarding the statuses (as of the close of PY 07/08) of private development projects that are (or may be) subject to provision C.3 that are currently under review by the County: The County is processing 102 applications that are (or may be) required to comply with C.3. 25 applications are being processed that have not yet submitted sufficiently detailed plans to allow the County to conclusively determine whether the project is required to comply with C.3.  7 applications are being reviewed that are required to comply with C.3, but have not yet submitted a SWCP. The County has a policy of accepting applications even if they are incomplete, but they cannot be approved until it is clear whether the project is required to comply with C.3, and until a preliminarily complete SWCP has been submitted for applications that are required to comply. 20 applications are somewhere in the pre-approval planning process (including incomplete, under environmental review, public hearing process) that have SWCPs under review by the County that require modifications prior to being deemed preliminarily complete. 47 projects’ SWCPs have been deemed preliminarily complete.  The County has approved entitlements for 26 projects that have yet to receive approval for their Final SWCP, though their SWCPs have been deemed preliminarily complete.  Final SWCPs for 5 projects were approved during PY 07/08. Of these projects, 2 have improvement plans that are still under review, 2 are under construction, and 1 project has been completed.County-Initiated ProjectsThe County NDCC Program has been involved in consultations with various Departments and Divisions of the County with regards to C.3 compliance for projects currently in various stages of planning. Significant projects for which the County NDCC Program has been providing preliminary guidance include several road expansion projects (Public Works Department, Transportation Engineering Division) and the planned construction of a new Sheriff’s Building (General Services Department). Projects planned at the County’s Buchanan Airport property include anticipated expansions of hangar facilities and retail uses at the County’s Buchanan Airport property. Although the applicants for these projects will be private developers, this property is administered by the Public Works Department (Buchanan Airport FieldsNDCC - 16 Operations), and the projects will be processed by the Community Development Division of the Department of Conservation and Development.The attached spreadsheets discussing C.3 projects being processed by the County (hyperlinked above), which summarize applications currently being processed by the County that are (or are likely to be) required to comply with C.3, include 5 projects for which the County is the project proponent or that are to be constructed on County- owned property. All of these projects are currently still in the design process and are simultaneously under review. This does not include a number of projects for which plans and designs are not sufficiently advance to be reviewed for C.3 compliance purposes. Three road expansion projects, in addition to the projects on the Buchanan Airport property, are in sufficiently advanced planning phases that SWCPs will likely be completed in Permit Year 2008/2009.Miscellaneous Projects The NDCC Program has also provided direction to the California Division of the State Architect (or consultants thereto) with regards to C.3 compliance for planned new and expanded school campuses. Comments have been provided regarding environmental documents for a proposed casino.Inspections Despite the general downturn in the housing and development sector, which has led to a reduction in the number of new applications (i.e. subdivisions) for substantial development, the NDCC Program observed an increase in active construction projects from Permit Year 2006/2007 to PY 07/08. This likely reflects continuation of projects that have been ongoing as developers continue to work toward completion of previously entitled projects. Erosion and sediment control practices for these projects are inspected by the Department of Conservation and Development – Building Inspection Division (for portions of projects occurring on private property) and the Public Works Department – Construction Division (for portions of projects within the public right-of- way.Quantitative data regarding the County’s erosion and sediment control inspection and enforcement activities during PY 07/08 is provided in a table at the end of this section. The following is a summary of the data: The County conducted a total of 4420 inspections for active development projects in the unincorporated areas of the County, including: . 2264 Rainy season inspections. . 2156 Dry season inspections.  As a result of inspections, 176 enforcement actions were undertaken during PY 07/08. This excludes “other” types of measures, such as distribution of Rainy Day Event Reminders and BMP Maintenance Reminders. Enforcement actions conducted in PY 07/08 included: NDCC - 17 . 114 Written Corrective Measures . 50 Notices to Comply . 8 Notices of Violation . 4 Stop Work OrderAs can be expected due to an increase in the number of active construction projects, the County conducted an increased number of inspections. The more than 100% increase in inspections, however, greatly exceeded the magnitude of the 30% increase in active sites. Although this is partly due to an actual increase in the number of inspections per site (especially dry season inspections), this increase also reflects that the County’s inspectors have been attentive to erosion and sediment control provisions in a larger number of inspections that might not previously have included inspection of erosion and sediment control practices. It is notable that there was a significant (more than 50%) decrease in the number of enforcement actions undertaken by County inspectors. This decrease does not reflect a reduction of effort by the County, but rather several positive trends. The reduction in enforcement actions may be attributed to a combination of better implementation of erosion and sediment control measures by the development community, better recommendations regarding improvement of SWPPP contents and implementation from County inspectors, and increased presence of inspectors at construction sites. Another positive trend evident in the data is an increase in more severe enforcement actions, such as Notices of Violation and Stop Work Orders, which indicates that inspectors are taking more serious enforcement measures to curb deficient erosion and sediment control practices; this may be another factor in the above-noted trend of fewer overall enforcement measures. Current Policy/Practice Issues The County continues to work toward solutions in areas where ensuring compliance with C.3 have the potential to conflict with County policies or practice, as well as State and local laws and regulations. As the County continues to refine its procedures for ensuring C.3 compliance and solves problems, new permutations of project characteristics bring to the attention of the NDCC Program potential problems that require resolution. The following are representative of issues currently being considered by the NDCC Program.The legal ramifications of stormwater runoff (and management thereof) at the interface between private property and the public right of way merits investigation. The County has a policy of requiring development to “pay its own way.” Development approvals routinely include conditions of approval that require the developer to construct improvements within the public right-of-way adjacent to the project. If the project must comply with C.3, then the developer will also be required to install stormwater management BMPs to treat (and potentially provide hydrograph modification management for) stormwater runoff from the impervious surfaces created and/or redeveloped by the right-of-way improvements. Subsequently, consistent with theNDCC - 18 aforementioned County policy, the property owners would presumably be required to operate and maintain the BMP on an ongoing basis. When installing BMPs to treat stormwater runoff from the right-of-way, it will often not be reasonable to isolate runoff from new or redeveloped impervious surface from runoff from adjacent impervious surface. This raises potential issues with regards to the owners of private property potentially operating and maintaining BMPs within the right-of-way, and the potential for these BMPs to be managing runoff from impervious surface that was not created or redeveloped relative to the development project in question. In many cases, cumbersome engineering designs might be required in order to isolate runoff from private land and right-of-way to be treated in separate BMPs. The County continues to seek appropriate solutions to managing runoff from improvements in the right-of-way, including issues related to whether runoff from the right-of-way can be managed by BMPs on private property (as well as the converse), and whether property owners should be required to maintain BMPs managing runoff from right-of-way improvements installed relative to development of their propertyAs discussed more thoroughly in the Permit Year 2006/2007 Annual Report, there is potential difficulty in ensuring C.3 compliance for subdivisions that create a “designated remainder parcel” in addition to newly subdivided parcels. Designated remainder parcels may or may not already be developed at the time of the subdivision application, and generally cannot be encumbered by the conditions of approval (per Subdivision Map Act (§66424.6(a)). The County continues to review subdivision applications that propose designated remainder parcels. The County has yet to process an application for which C.3 compliance (or the requirement to provide hydrograph modification management) would be determined by potential development of the designated remainder parcel. Therefore, it has sufficed thus far to depend on subsequent County review of applications to develop the remainder parcel (at which time requirements to comply with C.3 may be imposed). However, clarification will be required with regards to how the County should address the potential for the subsequent development of a designated remainder parcel to cause a subdivision to cumulatively exceed a C.3 threshold. The County encourages applicants to voluntarily include designated remainder parcels in SWCPs.BMP Operation and Maintenance Establishment of CFD No. 2007-1 comprised a substantial step in enabling the County to meet its ongoing permit requirements to oversee the operation and maintenance of permanent stormwater BMPs by providing a funding source for what will constitute an increasingly significant financial burden as projects that include permanent stormwater BMPs continue to be developed. Although annexation of projects into the CFD is already being integrated into the protocol for processing development applications, it will not yield revenue until a special tax can be placed on the tax roll, which may not be possible until Permit Year 2009/2010. Thus far, agreements to assign responsibility for operation and maintenance of permanent stormwater BMPs have been written on a case-by-case basis. The County is currently involved in development of a palette of Operation and MaintenanceNDCC - 19 Agreements that can be applied to typical types of developments that can be used by the County with minimal involvement of County Counsel’s office on a project-by-project basis. The agreement must effectively assign the responsibility for BMP operation and maintenance to the property owners to the extent that is reasonable, with the owners accepting all appurtenant responsibilities and granting rights of entry to the County and other public agencies that have a reasonable interest in the BMPs presence and maintenance (such as the appropriate vector control district).State General Construction Permit The NDCC Program expended significant energy in familiarizing itself with the March 2008 draft of the Construction General Permit. Although the County views this as a significant improvement over previous drafts, there are still significant concerns regarding various components of the Construction General Permit. The County NDCC Program deferred to CASQA (the California Stormwater Quality Association) with regards to submitting comments regarding the Construction General Permit. The County concurs with the concerns conveyed in that letter. Significant concerns include the basis for and feasibility of numeric effluent limits and numeric action levels, increased monitoring requirements, and a substantially more prescriptive set of required processes that will be factored into SWPPP preparation and reiteration. The NDCC Program is also concerned that it is not entirely clear how certain portions of the Construction General Permit (in its current draft form) will impact the County’s NDCC Program, since delineation of responsibilities between developers and the County is not always clearly defined.Municipal Regional Permit (MRP) Substantially more concerning than the Construction General Permit is the most recent draft (December 4, 2008, incorporating December 14th updates) of the Municipal Regional Permit, which, when adopted, will supersede the County’s current MS4 Stormwater NPDES Permit. The NDCC Program coordinated comments from the various departments and divisions of the County that will be directly impacted by the MRP, and provided significant support to the Board of Supervisors in compiling information for the County’s comment letter regarding the MRP.The County’s significant (NDCC-related) concerns regarding the MRP include: Lack of prioritization.  Aggressive timeline that is not consistent with realities of municipal finances.  Lack of “grandfathering” provisions for compliance with amended provision C.3.  Extremely costly required means of reducing trash that may not be appropriate to all areas.  Heightened requirement to include C.3 provisions in retrofit road maintenance/rehabilitation projects that will result in a severe reduction in road safety activities.NDCC - 20  Disallowing use of Contra Costa County’s methods of C.3 hydrograph modification management compliance for projects that exceed 10 acres.  Lack of flexibility to propose more effective means of achieving MRP goals in a more area-appropriate and cost effective manner.  Requirement to establish numerous legal authorities that may be in conflict with other laws and regulations, and may extend beyond agencies’ jurisdictions (such as oversight of conditionally exempt discharges from water providers).  Overly-prescriptive construction site inspection requirements.  Requirement that permittees conduct cleanup activities on private property to rectify deficient construction stormwater pollution control.  Lack of “safe harbor” language that addresses potential conflicts with other regulations.  Extremely rigid and prescriptive annual report format.While the County supports streamlining MS4 NPDES compliance across the Bay Area region by establishing consistent regulations, the NDCC Program has serious concerns about the appropriateness of imposing many of the MRP’s provisions (in their current form) upon the Bay Area’s extremely diverse municipalities (and special districts) on a “one size fits all” basis. While the NDCC Program supports improvements to permit language that will improve water quality in a reasonable way, it is concerned that many of the MRP’s provisions may require municipalities to take more expensive actions than are necessary, and that will realize less benefit to water quality than could otherwise be achieved.It should be noted, however, that the County considers many of the MRP’s provisions, such as with regards to alternative compliance for projects required to comply with C.3, to constitute improvements over the existing permit language. The County looks forward to continuing to work with the San Francisco Bay Regional Water Board to identify solutions that will meet the MRP’s water quality goals in a way that is more acceptable to the County. It is hoped that the next draft of the MRP will contain significantly improved language that will facilitate substantial improvements to water quality in a reasonable and cost-effective manner.Fiscal Year 2008/2009 Goals: 1. Continue to minimize adverse water quality impacts associated with land development activities to the maximum extent practical to a degree that meets or exceeds NPDES permit requirements. Continue to collaborate with County Departments and Divisions, other agencies, and the development community to enhance implementation of stormwater management measures during site development and through use of permanent stormwater management measures. 2. Complete the process of developing Operation and Maintenance Agreements that effectively assign responsibility for the ongoing operation and maintenance of permanent stormwater management BMPs on private property to the property owners (per permit provision C.3.e.i.4). NDCC - 21 3. Continue to work with the Contra Costa Clean Water Program, other municipalities, and the development community, to implement effective and reasonable compliance with C.3 (and other NPDES permit) requirements.4. Participate in Contra Costa Clean Water Program work groups and committees relevant to New Development and Construction Controls. Assist in completion of the 4th edition of the Stormwater C.3 Guidebook, and related guidance and materials to be used by municipal staff and the development community; and to participate in the continued development of policies and procedures related to NPDES compliance. 5. Work with County staff to ensure compliance with the County’s NPDES permit. Continue to work with the Department of Conservation and Development (including its Building Inspection Division and Community Development Division), in particular, to improve integration of C.3 compliance into the overall development process. Continue to consult with the County staff and the development community to facilitate C.3 compliance for private development projects, and confer with relevant County staff to facilitate compliance for County-initiated projects. Continue to provide assistance regarding individual projects and overall interpretation of C.3 requirements.6. Continue to develop overall understanding of NDCC-related stormwater management issues for unincorporated County staff, outside agencies involved with the development process, the development community, and the general public. Continue to improve utilization of Low Impact Development principles in the manner in which water quality measures are incorporated into project design. 7. Continue to improve implementation of Low Impact Development BMPs to the Maximum Extent Practicable for projects that are not required to comply with provision C.3. Develop materials that encourage property owners to voluntarily install stormwater management BMPs to manage runoff from existing impervious surface (as well as small projects that would not be required to comply with C.3). 8. Continue to work with the San Francisco Regional Water Quality Control Board to come to agreements with regards to language in the Municipal Regional Permit (MRP) that yield a permit that will effectuate improved water quality in a reasonable and cost effective manner. Continue to work with the State Water Resources Control Board to ensure thatNDCC - 22 NEW DEVELOPMENT & CONSTRUCTION CONTROLS – QUANTITATIVE RESULTSIndustrial Commercial Residential Description Projects Projects Projects TotalConstruction Site Erosion and Sediment ControlNumber of Construction Projects1 7 53 218 278Number of Construction Projects that were 7 53 218 278 inactive or active during the rainy season2Number of Projects Requiring (a) Proof of Coverage under the State’s General 4 14 104 122 Construction PermitNumber of Pre-Rainy Season Construction Site Inspections Conducted and Reported to the San 4 25 186 215 Francisco Bay and/or Central Valley Regional Water Quality Control Board(s)Total Number of Rainy Season Inspections 82 246 1936 2264 ConductedAverage Number of Rainy Season Inspections 11.7 4.6 8.9 Conducted Per Site4Number of Rainy Season Inspections to the 2 1 1 Least Visited SiteNumber of Rainy Season Inspections to the Most 31 37 56 Visited SiteNumber of Dry Season Inspections Conducted 62 153 2156 2380Number of Enforcement Actions Taken:Written Corrective Measures 2 8 104 1141Construction projects requiring a grading permit and/or an erosion and sediment control plan. 2Construction 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 15th to April 1st, 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 Rainy- Season Inspections Conducted” by the total “Number of Construction Sites that were inactive and active during the rainy season.”NDCC - 23 Industrial Commercial Residential Description Projects Projects Projects TotalNotices to Comply 0 7 43 50Stop Work Orders 0 0 4 4Notices of Violation 0 0 8 8Fines 0 0 0 0Other: 0 0 0 0Education ActivitiesNumber of New Development and Construction Control Education Materials Distributed:BMP’s for the Construction Industry 2 5 7 14 Pamphlet“Blueprint for a Clean Bay” Booklet 5 28 112 145“Builders Guide to Reuse and Recycling” 0 0 125 125“Start at the Source” Manual 0 0 0 0Construction Site BMP Plan Sheet 5 42 180 227“Yes” / “No” 5x8 Cards 0 0 1 1Other: Maintenance of BMPs / 7 34 125 166 Rain Event RemindersNumber of Employees Attending Erosion & Sediment Control/Construction-Phase Controls Training/Workshops:Municipal Training/Workshops 52Program Training/Workshops 21Other: IECA (International Erosion Control Association), CASQA (CA Stormwater 3, 3 Quality Association) ConferenceNDCC - 24

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