In 2016 I did a thing: I finally figured out what I wanted to be when I grew up. I decided that I would go back to school and get a degree in Environmental Science. But before I went back to school, I had to go back to school. Sounds like I made a mistake here, right? Well, actually I didn’t. After talking to an admissions councilor, I found out that I was missing two courses from high school: chemistry and algebra. So, before I went back to school I had to go back to high school! I took two adult learning courses, got my credits and in fall 2017, I entered NHTI in pursuit of my degree.
In the beginning I worried about a lot of things. Could I do this? Would I be looked at as the “old lady” in the room? Would the younger students accept me or want to collaborate with me when it came to working together? Am I smart enough to actually do this? To say I had some self-doubt and confidence issues would be an understatement.
When I started this process, I knew three things: I wanted to still work my 40 hours a week; I was going to have to give up a substantial amount of ‘free’ time; and this was going to take a while. Luckily for me, between my husband and Hoyle Tanner, I have an incredible support system. Through this journey, I have taken day classes, night classes, online classes, remote classes, and I even took a week off as a vacation to take a one-week class (known as intensive class). I’ve been allowed to work all kinds of different work schedules to accommodate all these types of classes. All while this has been going on, I have received one consistent message, “Do what you have to do.”
This experience has probably been one of the hardest and most rewarding experiences I have ever had. I found that my worries about classmates was unfounded. The younger students that I take classes with look at me as being an equal and in some cases even lean on me to assist them. I have completed all my coursework for my degree and currently am working on my senior capstone project. This part of my degree is the most exciting for me because the project that I am working on is a partnership with the New Hampshire Natural Heritage Bureau to identify threatened and endangered plant species, which allows me to do my part to assist in the protection of our state-listed species.
Being able to connect what I learn in school and directly apply it to what I do for work has been eye opening for me. As the saying goes, “you don’t know what you don’t know.” The education that I have gotten has not only made me better at my job, but it has also boosted my self-confidence. I know now that not only could I do this, but I have done it and will be graduating in May – Magna cum laude!
On February 2, 2022, we join the global community in celebrating World Wetlands Day (WWD) to raise awareness about the important role of wetlands for humanity and the planet on which we live. WWD festivities take place every February 2nd to mark the adoption date of the Convention on Wetlands in Ramsar, Iran on the shores of the Caspian Sea in 1971. This convention was the first time that the world joined to discuss wetlands and their important protection measures.
This year’s celebration of World Wetlands Day is especially significant because on August 30, 2021, the UN General Assembly established February 2 as World Wetlands Day – this designation means that the day will be celebrated as a United Nations International Day. The United Nations designates International Days as occasions to mark particular events or topics in order to promote, through awareness and action, the objectives of the organization. This year’s theme, “Wetlands Action for People and Nature,” has the goal of calling people to action now; thus, protecting the health of both human and natural systems and ensuring the long-term conservation and sustainable use of wetlands.
There are many events occurring across the world on this day, including a run, a children’s photo contest, clean-up and other service activities, self-guided walks, and opportunities for grant funding. More details can be found at the website: https://www.worldwetlandsday.org/
Why Should We Protect Wetlands?
Natural wetlands are being lost at a rate that is three times faster than forests, with 85% of the world’s wetlands either lost or degraded since the 1700s. This loss results in water scarcity, exposure to flooding and extreme weather events, loss of well-being and livelihood/jobs, and food insecurity. For the planet, wetland loss means a decline in biodiversity, increased carbon and methane emissions, and a loss of freshwater filtration. Globally, wetlands are critically important ecosystems that contribute to biodiversity, climate mitigation and adaptation, freshwater availability, world economies and more. For example, over 40% of the world’s population lives within 60 miles (100 Km) of the ocean and will ultimately be affected by changes to the health of the coastline and wetlands in those interfacing areas, and more than 3 billion people depend on the ocean for their income – those jobs include fishing and aquaculture but also tourism. Freshwater wetlands also provide jobs such as fishing, aquaculture (freshwater catfish), agriculture (cranberry bogs) and tourism (swamp buggies anyone?).
What is a Wetland?
Wetlands can vary in size, shape, vegetation, location, and include large, complex systems like beaches and coastlines, coral reefs, bogs and swamps. The Everglades in southern Florida is a good example of a large tropical wetland system. Here in New Hampshire, we have several large protected bog wetlands – poorly drained wetlands that are acidic and rich in organic and plant material, usually associated with a body of open water – including the Ponemah Bog in Amherst, and the Quincy Bog Natural Area in Rumney.
A wetland can also be small; New Hampshire Department of Environmental Services (NHDES) defines a wetland as having three components: hydric soils, hydrophytic vegetation and wetland hydrology. When a project is in development, wetlands are identified, or delineated, on the site to determine the best ways to avoid, minimize or mitigate impacts (or alteration of the wetland that results in a loss of its functions) to that wetland. There are federal rules protecting wetlands and every state has their own set of wetland protection requirements as well. Local wetland protection rules and requirements can also occur.
Below are some examples of wetlands we have delineated in our projects; these are forested wetlands, grassed or emergent wetlands, riparian wetlands that occur along the edges and floodplains of streams and rivers, and isolated wetlands that are a mixture of forested, grassed and scrub-shrub. Once the wetlands on a site have been delineated, we work with our clients to determine the best ways to develop the site that can meet their goals while also protecting these important resources.
What Can I Do?
The WWD convention has identified three global actions as a focus in 2022 to protect wetlands: 1) value wetlands, 2) stop draining or cultivating wetlands, and 3) renew, reforest and restore altered wetlands. These may sound like actions that are on a larger scale than you can assist with; you can follow #ActForWetlands to find more concrete ways in which you can act locally to protect wetlands. Join a local river or beach clean-up, start one on your own, or just spend some time picking up roadside trash or debris in your neighborhood. Plant trees or vegetation in your yard, especially if you have any wetland or stream within it, or assist when there is a community organization that is doing a similar project. Talk to your friends and family about the importance of clean, healthy wetlands and their ecosystems to spread the word. If everyone makes one small change, they add up!
The Hoyle Tanner Environmental Permitting team can assist you in any stage of your project that may affect wetlands, including: wetland delineation and assessment; local, state and federal permitting of wetland impacts; avoidance and minimization of impacts via design alternatives; and development of mitigation opportunities such as wetland creation, restoration, enhancement or preservation. Reach out with any questions you may have regarding wetlands!
Part 1: Airport Development – Location, Location, Location
The Town of Jackman, Maine, owner and operator of the Newton Field Airport, is working with Hoyle Tanner to expand the main airport runway for emergency medical aircraft. This is an important and necessary change that will allow emergency flights to supplement the regional health care offerings in this rural part of Maine.
Hoyle Tanner created multiple alternative designs for the runway expansion at the Newton Field Airport in order to avoid and minimize wetland impacts. Ultimately, as with any airport project where the runway is expanded, the location of the existing runway dictates where the site alteration has to occur, and wetlands are proposed to be impacted as part of the project.
Newton Field, like many airports built in New England before the 1970s, is surrounded by wetlands; in the 70s, wetlands were viewed more as low-cost land to be filled rather than valuable resources to be protected. Because of the location of the existing runway, and the limited areas in which runway expansion could occur, the runway expansion will require permitting for impacts to wetlands.
Wetland mitigation can come in a variety of ways in the State of Maine: 1) the applicant can create wetlands in another location, either on-site or off-site; 2) the applicant can repair, restore or enhance an existing wetland that needs assistance in restringing it to complete functionality, i.e., removing invasive species or silt from an eroding bank; 3) the applicant can preserve parcels of land that contain wetlands, surface waters or vernal pools and are under threat of development, which is often done by working with a non-profit organization to place the parcels of land under a permanent conservation easement; or 4) the applicant can make a payment to the In Lieu Fee (ILF) Compensation Program, in which case those funds are used to provide grants to fund wetland conservation, creation or enhancement projects.
Hoyle Tanner’s environmental experts have a full understanding of the pros and cons of each of these types of wetland mitigation and are able to determine what is best for each of our clients and their respective projects. In this example, our work with the Town over the past several decades gave us insight into the unique land conservation opportunity that could be used for wetland mitigation.
Part 3: Land Conservation – Protecting Wetlands While Achieving Development Goals
The Town of Jackman was proactive in their approach to future airport development, wetland mitigation and conservation goals with the assistance of Hoyle Tanner’s aviation staff. With an eye towards expanding the use of the airport and understanding that any wetland impacts that result from that development would require wetland mitigation, the Town purchased a 117-acre parcel of land along the beautiful Moose River to prepare for future airport development. This parcel of land is located within a floodplain delta for the Moose River and contains a variety of natural communities and habitats, including a 34-acre, rare spruce bog wetland and associated floodplain wetlands. Hoyle Tanner’s environmental permitting team worked with the Town, DEP and USACE to come to an agreement that placing a conservation easement on this parcel of land, including both unique wetlands and the uplands surrounding them, would be an excellent wetland mitigation opportunity.
Part 4: The Connection
Hoyle Tanner’s staff continued to lead the Town through completion of the wetland mitigation process by working with all parties involved to place 57-acres of the Moose River parcel under a conservation easement to serve as compensatory mitigation for the development of a hangar, taxilane and an apron at the airport in 2010. The Forest Society of Maine (FSM) agreed to hold the easement because the parcel indirectly connects to other large conservation easements they hold in this region of Maine.
In 2021, Hoyle Tanner continued this effort to conserve the rest of that parcel, approximately 55 acres, under conservation easement with FSM so that the entire parcel, including 3,500 linear feet (or almost ¾ of a mile!) of the frontage along Moose River will be permanently protected from development.
Because of the extent of the wetland impacts for the runway expansion project, the conservation of the rest of the Moose River parcel was not enough to fully mitigate the project impacts. Hoyle Tanner led the team to identify two other parcels of land that will be placed into conservation: a 9-acre parcel of land along River Road that contains approximately 1,000 linear feet of frontage along Heald Stream, a tributary to Moose River; and, a 15-acre parcel of land on Tapley Road that also contains 1,700 linear feet of frontage along Heald Stream. Both of these parcels are owned by the Town and have frontage along a main road in Jackman, which means they could be developed in the future. By placing them under conservation easements to be held by FSM, this will allow for protection of the important floodplains and riparian buffers within the watershed of this stream. Hoyle Tanner coordinated the acceptance of these additional parcels of land conservation with DEP and USACE to successfully meet the permit conditions and fully mitigate the wetland impacts from the project.
In summary, because of the work that Hoyle Tanner completed with the Town of Jackman, the Forest Society of Maine, Maine DEP and USACE, this project:
Provided runway length allowing for much needed medical services to a rural area of Maine;
Avoided and minimized impacts to wetlands; and
Placed over 141 acres of land into permanent protection via conservation easement
Hoyle Tanner is pleased to partner with state, federal and local agencies and conservation organizations. Our environmental permitting experts are confident in determining land conservation opportunities for wetland mitigation at airports, among our other areas of expertise. Please contact me if you have questions about environmental permitting at your airport or municipality!
Did you know that the State of New Hampshire has a list of over 400 plant species that are classified as either endangered or threatened under the NH Native Plant Protection Act (RSA 217-A)? The NH Natural Heritage Bureau maintains the state’s database of locations where the plants on this list have been identified. When a project is in the early stages of development, it is an important step to check this database to determine if a site may contain a habitat for one of these protected species.
What happens when—surprise—Natural Heritage Bureau determines that a site contains habitat for a listed plant? This determination is based on records of locations where the plants have been found, and those records can be recent or old, and based on site conditions that may have shifted over time. For example, a record noting a historical population of field plants may no longer be on a site that is currently a developed building and parking lot. Sometimes by reviewing the site records and history along with information regarding current site conditions, Hoyle Tanner’s staff can determine if that plant may or may not be located on the site. In cases where that kind of preliminary analysis cannot be used to rule out the presence of a listed plant, the next step in the process would be to have an experienced botanist perform a field review of the site to look for the plant. Often this needs to be completed during a certain time of year, for example, when the plant is flowering, since with certain species of plants, it can be tricky to identify the protected species from another similar looking species. Natural Heritage Bureau staff can sometimes complete this field review, or a qualified botanist, such as Joanne Theriault at Hoyle Tanner, can do the site work instead.
Case Study: Finding Unexpected Species
Hoyle Tanner has been working with a municipality on a bridge replacement project. This work requires a wetland permit from New Hampshire Department of Environmental Services (NHDES), and per their permit requirements, a review of the Natural Heritage Bureau records for state-listed plants was completed. Natural Heritage Bureau reported the endangered Engelmann’s quillwort (Isoetes engelmannii) was reported in a historical record from 1946 in a location downstream of the bridge and proposed work area. Because of this historical record, and the fact that the site contains habitat for this plant that is similar to the habitat where it was previously found, Natural Heritage Bureau staff conducted a site review to see if these plants were growing in the project area.
Natural Heritage Bureau did not find Englemann’s quillwort; however, a new, previously unidentified population of a different endangered plant, climbing hempvine (Mikania scandens), was found within the proposed work areas.
A Balancing Act: What to Do When you Find an Endangered Plant?
This particular bridge has undergone extensive engineering analysis to determine how best to keep this important piece of the Town’s infrastructure safely operational. The bridge was determined by New Hampshire Department of Transportation (NHDOT) to be “functionally obsolete,” which means that it is not built to current standards and may have inadequate lane widths, shoulder widths, or vertical clearances to serve the current traffic demand. Repairs to the bridge were deemed infeasible because the cost of necessary repairs to bring the bridge to current standards would be comparable to the cost of installing a new bridge. The engineering team at Hoyle Tanner examined the proposed replacement in light of the identified plants’ locations to avoid and minimize impacts to these plants; however, it was determined that some clumps would not be able to be avoided.
Hoyle Tanner worked with Natural Heritage Bureau to determine if the plants in the work areas could be transplanted to new locations. After reviewing the specific habitat needs and ecology of this species, it was determined that the plants would likely survive a transplanting effort if similar habitat could be identified to serve as their new homes. Hoyle Tanner turned to a locally experienced botanist Basswood Environmental LLC to assist in identifying options along the river that could provide such habitat.
Luckily, the Town, and the Southeast Land Trust, have been very proactive in preserving parcels of land that abut the river. Sites that are currently protected under conservation easements that have frontage along the river are currently being investigated to determine the best possible location for replanting. Once those sites have been agreed upon with the landowner, Natural Heritage Bureau and the Town, the plants will be moved. Based on this plant’s unique life cycle, Hoyle Tanner is targeting early October 2021 for this to take place. Hoyle Tanner’s Environmental Coordinators Deb Coon, Joanne Theriault, and myself will assist Natural Heritage Bureau staff and Mr. Lema in the transplanting efforts.
While it is often a surprise to discover that an endangered or threatened plant species are growing on a project site, it does not have to be an unhappy one. Protection of state-listed plants can be an important part of any infrastructure project that we design, manage and permit at Hoyle Tanner. Our team of knowledgeable professionals is capable of working with clients and regulatory staff to ensure that the efforts required to meet the state and federal requirements for such protection are in line with the project’s budget and schedule and do not result in significant delays or additional costs. Contact me for more information about endangered and threatened species!
Hoyle Tanner is working to repair the causeway and replace the Crystal Lake Road bridge over the northwest section of Crystal Lake where Nelson Brook enters in the Town of Gilmanton, New Hampshire.
It is unknown when the bridge was first installed, however, we know that it consisted of a timber superstructure* supported on dry-stacked stone masonry abutments constructed along a manmade causeway. The bridge was rehabilitated in 1929 when the superstructure was replaced by a reinforced concrete rigid frame. The replacement bridge will be a precast-prestressed concrete deck beam superstructure founded on a precast concrete cap with deep foundations.
Where Does a Lake Begin?
Since replacing the bridge is going to result in some disturbance, or impact, to the lake on the downstream side of the bridge, a Wetland Permit was required to be issued by the New Hampshire Department of Environmental Services (NHDES). However, as our environmental coordination staff began to complete the permit application, it became evident that one important piece of information was lacking: Where does the shore end and the lake begin?
This may seem to be a pretty simple question to answer – the lake begins at the edge of the water! However, the State of New Hampshire, which has legal authority to regulate and permit work done in lakes, has a set definition of a lake that comes from both New Hampshire RSA 485-A:2 and Chapters 100 and 400 of the NHDES Wetland Rules. Those define a lake as a surface water with the normal high water line as the elevation of the boundary between a lake and upland or shore. For most naturally-occurring lakes or ponds (that have not been created by a dam), a licensed surveyor can visit the site of the proposed work area and use visual evidence to determine the water elevation where under normal or typical conditions the waters of the lake are at their highest on the adjacent bank or shore.
But for Crystal Lake, there are factors to consider that made this a bit more challenging. Crystal Lake is approximately 450 acres in size, making it large enough to be considered a public water per New Hampshire RSA 271:20 II: Public waters in New Hampshire include natural or artificially impounded (dammed) surface water bodies that are over 10 acres in size. NHDES issues an Official List of Public Waters (OLPW) that includes data for each water body such as location, dammed status (dammed or not?), the Dam Bureau number if it is dammed, and for some water bodies, the normal high water line/elevation. Crystal Lake in Gilmanton is listed as RD or raised by damming, Dam # 91.11, without providing a normal high water elevation. Why not?
A lake that is noted as RD is a water body that was a natural lake that was more than 10 acres in size originally, but at one point the water level has been elevated by construction of a dam at the outlet, or “raised by damming.” Per the RSA and NHDES rules, only the areas of land underwater that are below the original normal high water elevation before the lake was dammed are Public Waters. Because there is not elevation provided on the OLPW, that elevation has not been officially determined by NHDES. How do you determine that elevation? By doing quite a bit of sleuthing!
Establishing a Timeline
For Crystal Lake, we enlisted the assistance of both the local surveying team, Sandford Surveying and Engineering, Inc., and our in-house super-sleuth and Right-of-Way acquisition specialist, Betsy Bosiak. Together, they reviewed current and historic mapping such as tax maps, USGS maps and survey plans for lots around the lake as they were recorded as sold or subdivided. In addition, deed records were reviewed for when the land near the dam and bridge changed ownership; other local Town records were reviewed and local authorities were interviewed. Historic books and internet sites were also scoured for any available historical information. From this collective information, our team was able to determine that the dam has been in place for at least 100 years and a timeline of ownership for the property along the lake was established.
Data from the time of the dam’s installation was gathered and reviewed in detail to glean any water elevation data that could provide the water elevations in the lake before the dam was installed.
The first available plans for the dam come from references to notes that were unable to be found, however the first photo of the dam was found dated July 1934, so we believe that the dam was installed around that time.
Careful review of plans from 1957 for a dam reconstruction project provided enough information to determine the natural mean high water elevation before damming was 617.2 feet – this was based on plan figures showing the bottom elevation of the dam to be set at 616.7 feet, with an assumed normal flow depth of 6 inches. To compare that to current conditions, the water elevations for the full lake conditions (that is, when the lake is reached its maximum volume as regulated by the dam) is 624.25 feet, or more than 7 feet deeper than the historic water levels!
The History Mystery Took…A While
Identifying this elevation took over six months! Ultimately, all of the supporting data that was used to “tell the story” was provided to NHDES in order for the Dam Bureau and the Wetlands Bureau to determine if the proposed elevation could be used for identifying impacts to the lake and Public Waters of the State of New Hampshire. NHDES ultimately concluded and agreed with the water elevation that we presented based on the depth of supporting evidence that was uncovered.
Identifying such an important piece of information was quite a challenge for our team; however, we were able to meet this challenge while keeping the project on schedule and within the Town’s expectations of cost. Additionally, Hoyle Tanner’s bridge design team worked hand-in-hand with the environmental coordination team to successfully design a bridge replacement project that resulted in no impacts to Public Waters of the State.
Anyone following the news in recent years has probably read about the pervasiveness of PFAS compounds (per- and poly-fluoroalkyl) in the natural environment. Called “forever” chemicals, this extensive family of chemical compounds is ubiquitous having been widely used for a variety of purposes. Ongoing environmental data collection indicates these compounds are mobile and slow to degrade in the environment. PFAS compounds are known to bioaccumulate within our bodies.
While considerable research continues, suspected medical concerns of high exposure include increased cholesterol, immune system adverse impacts, cancer, and thyroid hormone effects. PFAS is a significant current public drinking water focus with a kaleidoscope of individual state limits while federal limit development remains in progress.
Communities who own and operate wastewater treatment facilities (WWTF) will notice new requirements for PFAS monitoring in their upcoming National Pollutant Discharge Elimination System (NDPES) discharge permits for their facilities. Several New England wastewater facilities have recently received new NPDES discharge permits that include treated effluent and dewatered sludge monitoring for PFAS compounds. The final EPA requirements for sludge monitoring and reporting is still in process, but the data gathered over the next 5 years across New England, and nationally, will be used to further define the requirements for controlling disposal of PFAS into the environment.
Hoyle Tanner continues to meet the needs of the industry with engineering staff whose experience includes water system PFAS treatment as well as WWTF monitoring and reporting. Please contact me for help with your community.
Sustainable Drainage Systems are a collection of practices used to mimic natural processes of the hydrologic water cycle, which is the path of water as it moves around the earth and includes condensation, precipitation, infiltration, runoff, and evapotranspiration. These sustainable drainage systems can consist of natural features or man-made features made to look and act like natural features (bioretention facilities, rain gardens, vegetated rooftops). In the United States, Sustainable Drainage Systems are more commonly referred to as Best Management Practices (BMPs) or Low-Impact Development (LID).
What are Best Management Practices (BMPs) and Low-Impact Development (LID)?
The Environmental Protection Agency (EPA) defines Low-Impact Development as systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater to protect water quality and associated aquatic habitat. Why does this matter? As EPA notes, applied on a broad scale, LID can maintain or restore a watershed’s hydrologic and ecological functions.
Implementing LID practices allows the treatment of stormwater closer to the source using natural processes. Closer to the source means treating the water as close to where it reaches the earth’s surface as possible. For example, stormwater that sheet flows off a roadway and is collected in a swale then treated by an LID practice is treating the water closer to the source than if the stormwater were collected in a closed drainage system within the roadway and conveyed several hundred feet away to a larger detention pond. The swale (known as a level spreader) acts as a level swale that collects the stormwater and infiltrates it slowly into the ground, similar to what the water would do if the paved roadway were not present. For more significant flows that overtop the level spreader, a best management practice can provide some treatment of common pollutants, including total phosphorus (TP), total nitrogen (TN), and total suspended solids (TSS) (gravels in the stormwater) before the stormwater reaches a waterbody.
Best Management Practices (BMPs) are defined as methods that have been determined to be the most effective and practical means of preventing or reducing non-point source pollution to help achieve water quality goals. Non-point source pollution includes TP, TN, and TSS. Some BMP’s commonly used include bioretention facilities, rain gardens, vegetated rooftops, and tree box filters. Methods used to treat the stormwater include infiltration, filtration, detention, retention, and disconnection. Infiltration and filtration are similar in the way the water flows through a media which provides the treatment. The media used in infiltration practices it the natural soils which then convey the stormwater to the groundwater below. In filtration systems, the media is a man-made media, sometimes consisting of sand, sometimes a combination of sand/soil/and compost mixture, and sometimes a manufactured filter similar to filters you find in your house or car. Detention and retention are similar methods, they detain water. Detention practices detain water for a short time while retention practices typically have standing water at all times. Both treat the stormwater by allowing pollutants to settle out of the water over time. Disconnection methods includes conveying stormwater from an impervious surface (rooftop or pavement) to a pervious surface (grass) to allow the stormwater to naturally filter through the grass and into the soils prior to reaching surface water or groundwater sources.
Protecting our Watershed with These Methods
So how do BMPs or LID practices help with flooding or protecting the watershed?
One way these methods protect our watersheds are through the filtration. A rain garden is designed as a small depression in the ground that consists of various native plants planted on top of a filter media. The filter media allows the stormwater to be conveyed through it and also allows for uptake of the stormwater through the roots of the plants providing treatment of the stormwater and evapotranspiration of the stormwater (release of water to the atmosphere from soil and plant leaves). Stormwater that filters through the media can either infiltrate into the groundwater if the soils are conducive to that, or the treated stormwater can be collected in a pipe and conveyed to nearby surface waters. Treating the stormwater is important because untreated stormwater that reaches a waterbody (wetland, stream, pond) can affect the plant and animal life in that waterbody. This can lead to the degradation of ecosystems across the watershed.
Another way we can protect the watershed using LID is through flood control. Underground storage chambers can be used as flood control in areas where there is limited above-ground storage. These best management practices are common in urban developments, including shopping centers and stadiums. They are commonly placed beneath parking lots (such as this one pictured above, at Manchester-Boston Regional Airport) and act as a large storage facility for stormwater which can then be released at a controlled rate to nearby surface waters or infiltrated into the groundwater.
Our Recent Drainage Projects
In Massachusetts, we are working on two projects that are the same roadway and therefore have similar properties, although they are in two different towns. A large portion of these projects is within a water supply reservoir watershed. Its location means that treating the stormwater runoff is critical so that any contaminants in the runoff do not compromise the clean water in the reservoir. Massachusetts stormwater regulations are geared toward treating the stormwater at the source as opposed to collecting large volumes of stormwater and treating it in a larger detention basin somewhere down the road. To achieve compliance with the regulations and treat the stormwater, we have designed LID practices such as forebays, level spreaders, and grass swales at as many outlet pipe locations (outfalls) as allowable based on site constraints, including right-of-way and topography.
A town in Vermont is having erosion issues at the base of a steep, dead-end, gravel road. The erosion issues are due to the lack of stormwater conveyance practices and the lack of storage of more significant storm events. This section of town is upstream from a large wetland, however it is not hydrologically connected to it, which means stormwater does not directly get conveyed to the wetland. We were tasked by the regional planning commission to design two stormwater treatment practices that would convey the stormwater to the wetland area without creating additional erosion or flood control issues downstream. Both treatment practices included underground storage chambers for flood control of the larger storm events. More formal ditch lines and a closed drainage system were designed to collect the stormwater that currently flows over the gravel roadway.
The upstream BMP was designed to infiltrate the smaller storms. It was requested this BMP not permanently impact the adjacent Town Green area; therefore with the underground chambers, the BMP will not be visible from above, thus not impacting the character of the Town Green. It was requested the downstream BMP include a bioretention area (or rain garden) above the underground storage chambers. The town requested a more natural stormwater collection process and liked the visual aspect of what a rain garden offered. The soils beneath this BMP were not conducive to infiltration, therefore the flow out of the storage chambers was conveyed toward the downstream wetland via a pipe.
Sustainable Drainage Systems are everywhere – you have probably seen them and not even known it! Take a look around next time you are out and about and see what you can find. For more information about sustainable drainage, reach out to me!
Here we are, it’s March! You made it through the cold dark winter! The days are getting longer, the sunlight is feeling warmer, and maybe this year more than ever, many of us are feeling the push to move more, get outside, feel that sun on our faces. To be sure, there will be one more snowy day that will surprise us – and is it really a surprise when it happens every year? – but the idea that winter is behind us lifts our human spirits.
The wildlife around us are feeling it too; they are awakening from their winter hide-aways and are starting to move around, looking for food and mates. The extra daylight, warmer ground temperatures and spring rains trigger movement for a special group of animals that use temporary vernal pool habitat to complete their life cycles. If you hear the high-pitched call of the spring peepers, or the quacking sound of a wood frog chorus, chances are you are near a vernal pool.
What is a vernal pool? Vernal pools are seasonal bodies of water that form only in the spring in shallow depressions that occur throughout the glaciated region of eastern North America, including the Great Lakes and New England. One key factor that separates vernal pools from any old puddle that we see in the spring as snow melts, groundwater rises and rain collects in low places is the lack of an outlet or connection to running water, such as a stream, brook or creek. This specific difference allows for a special habitat that lacks fish, where certain amphibians, insects and other invertebrates can lay their eggs and complete a portion of their life cycle. The other important factor in identifying a vernal pool is that while they may stay on the landscape for at least two months, vernal pools are generally ephemeral, or temporary, so as spring rains pass and temperatures rise, the pool will disappear. This drying also prevents fish from establishing permanent populations. You may walk by a vernal pool on your summer day hikes and not notice this very special habitat.
Vernal pools vary in size and can be surrounded by wetlands, swamps or dry land, depending on where they sit in the regional landscape. In some cases, deeper sections can look like a pond and have vegetation reflective of that such as water lilies or grasses, while others may be only a few inches deep and have a layer of leaves or moss at the bottom. While they are most often found in forested areas, they can also occur in fields or roadsides. Some pools can fill in the autumn or winter and remain ice-covered until the magical combination of spring weather allows for ice to thaw and the organisms to come out, while others remain dry through summer, fall and winter and are only apparent in the spring.
Why are vernal pools protected? One reason is because the unique set of species that depend on these pools cannot exist anywhere else, and they in turn play a role in the ecological life cycle that supports all life on this planet. Vernal pools are considered a type of wetland or water body, and in New England, are regulated and protected at the federal level by the US Army Corps of Engineers. Each state also has regulations specific to vernal pool identification and protection, and in Maine and Massachusetts, mapping and recordation as well. In New Hampshire, vernal pools are regulated and protected per the state wetland rules Env-Wt and are defined under Chapter 100. Vernal pool identification is based on physical factors as well as the primary and secondary indicators, which are specific species that only use vernal pools as habitat.
Vernal pools come to life in different times of year within New England, as early as late February along the Rhode Island and Connecticut coasts, while upper Vermont and Maine will not see vernal pool activity until mid-April. Here in New Hampshire, we start to see amphibian migration on warm rainy nights starting in late March and extending through late May.
Vernal pool organisms also rely on the undisturbed upland surrounding the pool, what is often called the pool envelope.Vernal pool amphibians spend most of the year in the upland discretely feeding, hibernating, and preparing to breed in the spring. Protection of uplands around vernal pools from development or alteration is an important part of the regulatory and permitting process, which is why identifying vernal pools during the correct time of year is an important part of planning for any development type of project, including not only residential and commercial development, but also infrastructure projects such as roads and bridges.
Hoyle, Tanner’s Certified Wetland Scientist, Joanne Theriault, has the training and experience to investigate your site for vernal pools – and given the length of time spent indoors this winter assisting her children with remote learning, she is eager to get outdoors again! Reach out to her with questions!
Do you ever wonder about the history of the people who came before you and what remains they left behind that might be buried beneath your home, yard, or office? As part of project development, our staff has to think about this for every project to satisfy several federal and state requirements to protect those hidden resources. The National Historic Preservation Act (NHPA) was passed in 1966 to protect the Nation’s historical and cultural resources.Section 106 of the Act requires federal agencies to consider the effects on historic properties of projects they undertake – sometimes called a “Section 106 review.” For any project that requires a federal permit or uses federal funding, a completed Section 106 review is necessary to identify those crucial resources that may be affected by the project.
Federal funding for transportation projects within New Hampshire comes primarily through the NH Department of Transportation (NHDOT), which receives funding from the Federal Highway Administration (FHWA). Because of this, many of the projects that we work on require Section 106 review. The first step in this process is to identify the historic or cultural resources within the project’s work limits, which is also called the Area of Potential Effect (APE). This step includes those resources above-ground, such as homes, foundations, or structures that were built more than 50 years ago, and below-ground, such as remnants of prior human activity associated with both the Native American and European American periods. This is where we need an archaeologist’s assistance – enter thoughts of Indiana Jones!
Archaeologists are responsible for more than finding buried treasures, and their process begins with historic and environmental research followed by an archaeological survey of APE. This process is much tamer than what is shown on the big screen and involves less chasing and more research and excavation. (the professional term is excavation – gardeners dig, archaeologists excavate!) The first step is to check historic maps and records of what has been documented in APE; was there a town, house, settlement, camp, road? The site is also carefully examined to determine any clues to what may lie underground. Sometimes this can include a shovel test, which means excavating a small 0.5 meter/1.5 foot square area, obtaining soil information, and evaluating the level of historic soil disturbance. Once this information has been reviewed, if the site is determined to contain additional underground information, a plan is developed to complete further excavation across APE – more test pits, often within a grid pattern, to cover the areas to be impacted. While this method is the standard, any excavation can be a very disruptive and time-consuming process. Is there a better way to find buried evidence? Couldn’t we take a picture of what lies beneath, like an X-ray or ultrasound?
Seeing What Lies Beneath
Yes, we can! The idea of “seeing” using radio waves was first introduced in 1904 and was initially developed for locating ships at sea in storms, but was put to use on a larger scale in World War II to find aircraft that were too far away to be viewed by the eye. Using radar involves bouncing radio waves off the object from a distance and using the time the wave travels back to calculate distance. The term “radar” came from the US Navy in the 1940s as an acronym for Radio Detection And Ranging. Radar has many uses, including the police speed-detector guns you may have been unlucky enough to encounter. While the concept of bouncing radar waves underground to create a picture of what lies beneath our feet (or Ground Penetrating Radar (GPR)), was developed only six years after radar was first developed, the use wasn’t fully explored until the 1970s when the first affordable commercial equipment was developed.
GPR is now a widely-accepted tool that is used to identify a variety of underground features, such as: utility lines and pipes, geological features such as large boulders, changes in the subsurface soil layers that may affect construction, or the depth to groundwater to develop wells for drinking water. GPR equipment looks a bit like a lawnmower and is rolled slowly across the survey area in a grid pattern (as seen below). The unit’s base sends an electromagnetic wave or pulse into the ground, and the echoes that bounce back are recorded using specialized software that translates these echoes into images of the objects in the subsurface.
GPR is ideal for supplementing underground archaeological surveys, primarily because the pictures that it creates can be used to identify features without the risk of damaging them that could occur during an excavation. This feature makes it an excellent tool for surveying areas where there is potential to find buried human remains. Cemeteries, graveyards and burial grounds might seem to be locations that would be well-documented (where did we bury Grandma, was it by the barn?); however, historical records can be lost, misplaced or damaged, or not recorded if the site was small. Even the oldest European settler burial ground in New Hampshire, the Old Odiorne Point Cemetery, located within Odiorne Point State Park grounds, has a complex history with scattered documentation regarding the location and number of burials.
Trivia: While the terms graveyard and cemetery both refer to a burial ground, graveyards are located on sacred or church grounds, while cemeteries are located on public or private grounds.
What We Saw
As part of the required Section 106 review for a project, Hoyle, Tanner recently worked with NHDOT in the Town of Conway to use GPR for investigating the Town’s first documented cemetery area, Meeting House Hill Cemetery, where the original Meeting House stood. Historic review completed for NHDOT in 1965 while constructing Route 302 indicated that this cemetery was used as early as 1740 to bury local settlers and included Revolutionary War soldiers. In the 19th century, the Town removed several sets of remains to other cemeteries in Conway to allow for road and railroad development in the area. Local information suggested that these areas were not thoroughly surveyed and that human remains could still be underground within the area.
Hoyle, Tanner worked with Independent Archaeological Consulting, LLC (IAC) to complete an archaeological investigation in the area around the cemetery marker using GPR. IAC contracted with Nearview, LLC to provide the highly specialized and hard-to-find GPR unit and conduct the survey. What does GPR look for? GPR imagery can show disturbed soil associated with a grave shaft, or echo reflections related to bones, coffins, grave goods, or clothes that would be different from the soil around these items. It can also locate changes in the soil layers that can be due to the digging from installing a grave – the mixing of soil when that happens creates reflections that differ from the surrounding area.
The GPR unit was rolled slowly across the ground in a grid pattern (like mowing your lawn, making sure you cover all of it!). Shovel test pits (STPs) were excavated in targeted locations to specifically intersect with GPR survey to check against any revealed soil anomalies or differences. While the GPR survey identified a single anomaly, the test pits excavated near the anomaly revealed soil layers that did not indicate the type of disturbance that would show the location of burial or human remains.
Eliminating this area as a location of unidentified burial spaces or human remains is valuable to the Town, its citizens and the families who have wondered for decades about this site. It also provided a timely and cost-effective process for NHDOT to clear this area of potential impacts to archaeological resources so that future roadway changes at the intersection of Route 302 and East Conway Road will not need to exclude this area.
GPR technology has come a long way since it was first developed, and we are excited to add it to our toolbox for Section 106 review. Using GPR can provide a better picture and give a definitive answer to what lies beneath. Find out more about GPR Technology by reaching out to me.
What is the Great Bay Total Nitrogen General Permit & why does it matter?
The US Environmental Protection Agency (EPA) issued the final Great Bay Total Nitrogen General Permit (GBTNGP) on November 24, 2020. The GBTNGP is aimed at reducing the overall nitrogen loading into Great Bay, a unique coastal marine estuary. The GBTNGP covers discharges of nitrogen from the 13 communities that own/operate wastewater treatment facilities in the watershed: Dover, Durham, Epping, Exeter, Milton, Newfields, Newington, Newmarket, Pease Tradeport, Portsmouth, Rochester, Rollinsford and Somersworth. The permit allows for an adaptive management approach to monitoring and reducing nitrogen discharges. Each community has the option of being included for coverage under the GBTNGP or not (opt in or opt out). If a community decides to be included for coverage under the permit it must file a Notice of Intent with the EPA, Region 1, by April 2, 2021. The alternative to opting in to the GBTNGP will be that the community will receive a new/revised individual NPDES permit to govern its WWTF discharge. Key dates for actions to be taken pursuant to the GBTNGP are as follows:
February 1, 2021 – Effective date of the Great Bay Total Nitrogen General Permit.
March 31, 2021 – Deadline for finalizing an Intermunicipal Agreement to develop the Adaptive Management Plan.
April 2, 2021 – Deadline for sending EPA the Notice of Intent to Opt-In to the TN General Permit.
July 31, 2021 – Deadline for submittal to EPA of the Part 3 Adaptive Management Plan.
How can an Adaptive Management Approach help?
The GBTNGP allows for an adaptive management approach to be taken for monitoring and controlling nitrogen discharges and allows for the communities to develop the Adaptive Management Plan. Adaptive management is a key aspect of watershed management and restoration. Elements of adaptive management included in GBTNGP involve ambient monitoring, pollution tracking, reduction planning, and review. Adaptive Management is, by definition, a structured iterative process of robust decision making in the face of uncertainty, with an aim to reducing uncertainty over time via ongoing system monitoring. In this way, decision making simultaneously meets one or more resource management objectives and, either passively or actively, accrues information needed to improve future management and decision-making. Adaptive management is a tool which can be used not only to change a system, but also to learn about the system (Holling 1978). Because adaptive management is based on a learning process, it improves long-term management outcomes. The challenge in using the adaptive management approach lies in finding the correct balance between gaining knowledge to improve management in the future and achieving the best short-term outcomes based on current knowledge (Allan & Stankey 2009).
A holistic & cost-effective approach.
The objective of an adaptive management approach is to take a broad holistic and more cost-effective approach to implementing water quality restoration and management measures that will achieve better overall results in improving water quality goals in less time and at less cost than the traditional regulate-react approach by applying limited resources where they will have the greatest effect. In fact, the GBTNGP encourages sharing of resources and costs among the participating communities. The adaptive management approach allows for planning, implementation, monitoring and refinement in order to maximize the results with limited resources (resource optimization). The idea behind an adaptive management approach is for communities to become proactive rather than reactive in restoring water quality within the watershed. A successful adaptive management approach will require extensive collaboration and cooperation between municipalities, regulators, agencies, volunteer groups and other watershed stakeholders.
Hoyle, Tanner’s Northeast Municipal Engineering services Group (NEME) employs 20 engineers whose primary focus is water quality engineering – wastewater, stormwater and drinking water. Our depth and breadth of experience includes working with communities to assist them with compliance with permits such as NPDES (wastewater and stormwater), MS4 (stormwater and non-point) and a host of other regulatory and environmental permits. We have been working with communities under regulatory constraints to monitor and reduce the amount of total nitrogen discharged to local water bodies and helping them to achieve water quality goals. Jennie Auster, one of our wastewater process engineers, has been working with communities affected by the Long Island Sound Total Maximum Daily Load (TMDL) for Nitrogen for over six years including completing biological nutrient removal analysis for several facilities. Jennie completed nitrogen removal optimization plans for six communities and has presented at the Green Mountain Water Environment Association Technical Sessions on her experience with low-cost nitrogen optimization plans (presentation available upon request). We are assisting several communities on compliance with the 2017 MS4 permit which includes nutrient reduction in stormwater and non-point sources. We are also working with many communities on asset management for their wastewater, stormwater and drinking water systems, the goal of which is resource optimization to improve decision-making and maximize the life of the infrastructure.
Let us help!
Our team has a history of developing creative and innovative solutions to help clients achieve their goals in cost-effective ways while optimizing the use of limited resources. For more information please visit our website at: www.hoyletanner.com or contact Michael Trainque or Joseph Ducharme.
I am a Senior Environmental Engineer and Vice President at Hoyle, Tanner, and chairman of the Board of Directors of the Southeast Watershed Alliance(SWA). The SWA is a non-profit watershed organization for which enabling legislation was enacted by the NH State Legislature in 2009 encompassing the 42 communities in the NH coastal watershed. I have been following the development of this permit on behalf of clients.
Decorating for the holidays can bring joy to households, and putting your decorations up early could make you happier, but watch out for Oriental bittersweet (Celastrus orbiculatus)! If you are a DIYer or like to craft your wreaths or other holiday decorations using materials from your backyard or local outdoor environment, you may be mistakenly causing harm to the environment and creating future landscaping challenges for yourself and neighbors. Oriental Bittersweet is covered with bright red fruits and yellow capsules, making this vine alluring, but according to the UNH Cooperative Extension service, the vine is also highly invasive and poses a significant threat to native plants.
Oriental bittersweet is native to Eastern Asia and was intentionally introduced to the United States in the mid-1800s as ornamental landscaping and for use in erosion control because it is both pretty and effective; it is fast-growing, spreads easily and is not finicky about soil or water conditions. Oriental bittersweet has escaped cultivation because it grows in full sun as well as shade, and in many different locations including meadows and grasslands, woods and woodland edges, along roadsides and even on dunes and beaches! After the invasive species made its way to New Hampshire in 1938, by the 1970s it was recognized as an aggressive invader, and by 2011 it was widespread across New England. It is now found throughout 21 of the 33 states where it was introduced, a region extending from Maine south to Georgia and west to Iowa.
Wherever Oriental bittersweet is found, it grows very rapidly, wrapping around trees, damaging, and sometimes suffocating or killing them. The vines can uplift tree roots and can take down trees that reach 90 feet in height. The extra weight on the trees can cause limbs to drop and contribute to power outages or cause damages.
Try American Bittersweet When making holiday decorations or wreathes, a good alternative to Oriental bittersweet is American bittersweet (Celastrus scandens), but this species is less widespread in New Hampshire and is typically found only in landscaped locations actively maintained by a homeowner, since it cannot compete with Oriental bittersweet in areas that are not maintained such as roadsides and open wooded areas. The two species can be easily confused because they are similar in color and appearance. Oriental bittersweet fruit (pictured below) has a bright yellow outer covering with red centers, is located along the vines in leaf axils and has bright, yellow colored leaves in the fall that are easy to see. American bittersweet fruit (pictured below) can sometimes have a yellow outer covering but tends to be more orange or even red over a red interior and tend to cluster at the stem’s end.
Try Winterberry Another good decorative option that may be available locally is winterberry(Ilex verticillata) – this species (pictured right) is easily noticeable in the swamps, wetlands, damp wood edges, and along the edges of ponds and streams throughout New Hampshire. Showy, clustered red berries pop out from the vegetation in the late fall, and, different from bittersweet, persist on branches well into the winter months, explaining how winterberry got its name. It is often considered one of the best plants for providing winter interest in the garden.
Ask for Help at Garden Centers If you are cutting your own vegetation to use in holiday decorating, take the time to look further than roadsides, since those habitats tend to be invaded by Oriental bittersweet, or consider asking for scraps at garden centers or local nurseries since they may have remnant cuttings of native plants for free or low cost. Maybe even think about your holiday decorating in the summer and fall, so that while you walk, run, hike or explore your local surroundings, you can keep an eye out for winterberry, holly or American bittersweet locations.
I Already Have Oriental Bittersweet – Now What? Don’t worry, you can save the trees and your holiday spirit! If you see Oriental bittersweet in your holiday decorations, the best thing to do is throw it away. You can also burn it in your fireplace or woodstove. It’s best to avoid throwing it outside or composting since the fruit, or “berries” can survive through winter and will create new vines in the spring. If DIY isn’t your area of expertise, remember to ask when you purchase decorations with berries if they are real or plastic, and if they are real, where they came from, and does the seller know which species they are? Again, if you are ever unsure, best to throw them in a fire rather than outdoors to prevent the unintentional spread of invasive species.
Reach out to our Senior Environmental Coordinator Kimberly Peace if you’d like more information.
Happy National Moth Week! This week, citizen scientists around the country will turn on their flashlights, exterior lights, and specialized UV lights to observe this often overlooked and vilified group of organisms. Although moths are perceived as pests because their caterpillars damage cloth and tree foliage, they are one of the most diverse organisms on the planet and vary greatly in size, color, shape, ecology, and abundance.
Moths tend to be feeding specialists and rely on the presence of a host plant to feed on and use for cover during all their life stages. Some species can use a variety of plant species as hosts, but others are strictly specialized. Moth species relying on plant species from imperiled natural communities inevitably become critically endangered.
Here are some interesting details about two well-known moth species that can be observed in your yard:
The Forest Tent Caterpillar Moth is one of the most vilified moth species in North America. They are known for their caterpillars’ tent-like silk mats and the damage they can do to the leaves of hardwood tree species such as alder, basswood, cherry, and oak. This moth species is prone to multi-year population explosions when localized defoliation can be dramatic, leaving trees draped in tangles of silken mats.
But guess what!
The Forest Tent Caterpillar Moth has a fascinating life history. Adult females of this species lay up to 300 eggs on a tree branch and cover them with a cement-like substance to protect them from drying out or freezing during the winter. In the spring, the eggs hatch, producing a “family” of caterpillars that feed, rest, and molt communally. Members of the group produce pheromone-covered strands of silk that the group follows together around their resident tree to feed and then use to return to their resting area. As each member of the leaf-loving family grows larger and nears pupation size, they begin to compete for food resources and start to forage more independently. Parents of teenagers can probably relate to this family dynamic.
Luna Moth (Actias luna)
The Luna Moth is one of the most recognized local species of moth due to its large size and brilliant lime green wings during adulthood. It has a markedly different life cycle from the Forest Tent Caterpillar Moth, as it spends only two weeks as an egg, less than two months as a lime green caterpillar, and completes the majority of its development in a cocoon during its nine months of pupation. Luna Moth host tree species are hardwoods, such as paper birch. Luna Moths make it their business to actively fend off predators with a couple of special skills. First, their brilliant green coloration makes them very visible when they perch under your deck light, but it allows them to camouflage among leaves very effectively both as caterpillars and as adults. If an adult Luna Moth is threatened, it will make a warning clicking noise with its mandibles. Then, it will regurgitate fowl-tasting fluids to deter the attack. Finally, studies have shown that the long hindwing tails of the Luna Moth can serve as a false sonar target to deflect attacks by bats.
We have much more to learn about moths to understand each species’ importance to ecological communities and conservation needs. Due to their diversity and typically nocturnal habits, moths can be evasive and difficult to research and monitor. National Moth Week is a time when anyone can take a few minutes to look in their yard or neighborhood, photograph moths, and share the data to help the learning continue. Visit the National Moth Week website to learn more about how you can contribute to this effort.
Hoyle, Tanner is currently providing
professional engineering design services for the development of solar energy in
New England. We are working for several solar companies as the solar industry
has not only taken off in the flatlands of our Midwest United States, but solar
energy development is also happening in our New England backyards.
There are many reasons why this industry
has recently become so popular. Solar energy has become a viable option because
of the sun’s power – but also because of its cost. As the technology of solar
energy has become more efficient, the option for purchasing solar power has
become a reality to an average energy user.
In order to consider solar options,
permitting and procurement need to be considered.
Public utilities commissions and state regulators have recently developed
and revised rules and regulations for the advancement of solar energy. Hoyle,
Tanner has stayed up-to-date with the development of these guidelines so that
we can keep our clients educated and able to make sound decisions and reliable
investments — not only based on costs, but also permitting success. The
probability of getting a project permitted is a major milestone in the progression
of a project, and can in many cases can determine if the project ever gets started.
There are many factors that contribute to the permitting and design
of a solar array. Following is a list of some major factors that can affect development:
What is the size and shape of the property?
Is the property located in a properly zoned area or
can it be rezoned?
Are the soils adequate to develop for this use? Are
there significant wetlands? Are they well drained soils?
Is the topography adequate for solar development? Is
the orientation of the property favorable for solar development?
Are there abutting structures on neighboring property
that would prevent sunlight from reaching the site?
Is there adequate access to the property?
Is there access to an existing power source to
transmit the power?
Are there natural resource protection areas within
the site (vernal pools, deer wintering areas, or historic preservation areas)?
Does the developer have adequate title to the
Hoyle, Tanner has developed several solar array sites being cognizant
of all the factors pertaining to a successfully designed and permitted project,
while keeping versed of the regulatory processes. With our experience, we can
save the client time and money while helping them realize a successful project.
In many state governments, there is a procurement process for
renewable energy projects (that are part of energy packages). These packages
contain guidelines for the development of a limited amount of energy. What we
are finding in some states is the need to increase the development limits as
demand increases. Hoyle, Tanner is working with state agencies to make sure we
are aware of these opportunities so that we may share them with our clients.
In some states there is a procurement
process, raising the net metering cap, allowing arrays of up to 5MW —
5,000 KW — to sell or store excess energy.
Raising the cap is what makes renewable energy
development viable for investors, developers, and municipalities. These
opportunities to create renewable energy not only lower the states’ dependence
on fossil fuels to generate electricity but are also expected to create new
jobs in the coming years as the number of projects increase.
Many states look to increase their renewable energy portfolio
standard — the amount of renewable electricity created as opposed to that
created by fossil fuels — from lows currently at 10% or less to 40% or 80% by
2030 and some even at 100% by 2050.
We understand the importance of this type of development and the
need for development of renewable resources. Our design experience helps the
developers understand the limitations of development and of course the
Hoyle, Tanner’s experts are here to help. If you have any solar
development questions, contact Andy Sturgeon, Vice President and Regional Business
The Endangered Species Act (ESA) was created in 1973 to protect at-risk species and the habitat those species use to complete their life cycles. This important piece of legislation came out of a growing recognition that the impacts from growth and development were having negative effects on the environment. It was issued shortly after the Clean Water Act was passed in 1972, and together these two Acts provide the legal foundation for much of the environmental protection regulations that work to ensure that the many varied ecosystems within the United States remain, or strive to become, healthy, sustainable and well-balanced.
Together these two Acts provide the legal foundation for much of the environmental protection regulations that work to ensure that the many varied ecosystems within the United States remain, or strive to become, healthy, sustainable and well-balanced.
Species that are protected under the ESA are either
classified as endangered or threatened. Endangered means a species is in
danger of extinction throughout all or a significant portion of its range. Threatened
means a species is likely to become endangered within the foreseeable future.
All species of plants and animals, except pest insects, are eligible for
listing as endangered or threatened.
The ESA is administered by the US Fish and Wildlife Service (USFWS) for terrestrial and freshwater species, and the National Marine Fisheries Service (NMFS) for marine species. More information on the ESA, including the list of species currently being protected, as well as “candidate” species, which are those proposed for protection, can be found at: https://www.fws.gov/endangered/species/us-species.html.
Our work on a wide variety of projects across six states and
a range of habitats requires us to consult with USFWS and NMFS during project planning
to ensure that we adhere to the requirements for species protection where
To determine potential impacts to environmental resources (including several parameters such as water, air quality, and noise) when we begin planning for a project, we review the project site using USFWS and NMFS online mapping. Online mapping helps to determine if there is habitat for a listed species. Each species that is listed under the ESA has a defined land range that is developed from data regarding current habitat needs for that species and species surveys; the result is that not only are locations where the species currently exist protected, but there is also protection offered in areas where the species could survive if their population numbers were to increase.
The result is that not only are locations where the species currently exist protected, but there is also protection offered in areas where the species could survive if their population numbers were to increase.
Projects in northern Vermont, New Hampshire, and Maine have the potential to be located within the range of the federally-threatened Canada lynx (Lynx canadensis). Canada lynx is a medium-sized cat with long legs, large, well-furred paws, long tufts on the ears, and a short, black-tipped tail. Their long legs and large feet are highly adapted for hunting snowshoe hares (Lepus americana) – their primary prey species – in deep snow conditions. The distribution of lynx in New England is associated with northern forests that are a mix of spruce and balsam fir, among other pine species, some hardwoods such as birch and aspen, and hardwood and softwood trees, such as pine. Lynx are more likely to inhabit landscapes that provide suitable habitat for snowshoe hare populations in regenerating forest environments rather than landscapes with very recent clearcut or partial tree harvests. There are a number of scenarios that may unfold when a project is located within Canada lynx habitat – depending on the size and amount of the project, and how much habitat alteration may occur.
Prior to project inception, we coordinate with USFWS to
describe the project and provide details regarding any potential change that
may occur to the existing habitat (including tree removal or land clearing and
soil excavation). Depending on the amount of potential habitat alteration, we
may develop a Biological Assessment to provide to the USFWS. This assessment
includes an in-depth analysis of the potential use and value of the habitat
within the project area, and helps make a determination of the effect on Canada
lynx, both as individuals and as a regional population. Sometimes surveying for
lynx within the project area may need to be completed by a wildlife biologist
in order to determine if lynx are actively using the land.
If potential habitat exists in the project area but there is a low likelihood of lynx using that habitat, the project may be required to modify the design such that tree removal is limited to the smallest area possible. There may be requirements to complete this clearing at a time when the impact to any potential lynx using the habitat would be the least harmful, such as during seasons when females will not be giving birth. If it is identified that lynx are actively using the project area, then additional coordination with USFWS is necessary to ensure the project will not directly affect those individuals.
We recently completed a Biological Assessment for Canada lynx at the Sugarloaf Regional Airport in Carrabassett Valley, Maine where tree removal within potential lynx habitat was proposed.
We recently completed a Biological Assessment for Canada lynx at the Sugarloaf Regional Airport in Carrabassett Valley, Maine where tree removal within potential lynx habitat was proposed. We worked with USFWS biologists to reduce the potential impacts to this habitat, and any lynx that may be using the area, by strictly limiting the area of tree removal to only that which is necessary to complete this important safety project, to ensure the result will increase the safety of the public using this airport, while also minimizing the risk to Canada lynx.
If you would like to learn more about Canada lynx, or the other species listed under the Endangered Species Act and the steps you can do celebrate Endangered Species Day, check out the USFWS website. Our environmental experts are here to answer your questions and help guide you through the project process while avoiding or minimizing impacts to listed species. Reach out to me and our environmental team will be happy to help.
Think back 29 years, to 1991 – remember how different life was then? For some, this might be too far back to remember; others might recall images of the Gulf War, the AIDS crisis, grunge bands, the Simpsons had only been on for a few years, gasoline prices per gallon were $1.14, and the World Wide Web became publicly available. The year 1991 was also the last time the New Hampshire Department of Environmental Services (NHDES) completely revised the Wetland Rules – until now.
New Hampshire’s Need for Updated Rules
The New Hampshire Revised Statutes Annotated (RSAs) are the laws of the State of New Hampshire that are adopted or amended by the NH Legislature each year. RSA 482-A: Fill and Dredge in Wetlands was adopted in 1989 that defined wetlands and gave the State the authority to protect these essential resources.
Over the past 29 years, NHDES has amended the rules and issued permit forms and publications, such as Best Management Practices (BMPs), that have helped clarify the requirements for addressing the Wetland Rules during project development. However, it had become apparent that a complete revision of the Wetland Rules was necessary to streamline the permitting process, clarify rule application and procedures, and document some informal processes that had resulted in rule implementation over time.
Public Comment and Listening Sessions
Streamlining the permitting process was a significant task to undertake. NHDES began in 2018 by issuing a draft of the new rules for public comment and hosting a series of public comment and listening sessions. Based on the amount and type of feedback received, NHDES established a Wetland Rules Workgroup consisting of a mix of professionals in the field of wetland science, state and federal agency staff, and private consultants who have experience with permitting wetland projects; this group met bi-weekly over summer and fall 2018. I was fortunate to be an invited member of this group, and we had lively and lengthy discussions as we reviewed and revised the proposed rules, chapter by chapter, line by line, to produce new rules that were clear, effective, and would streamline the permitting process, where appropriate, while still protecting the State’s wetland resources. On December 15, 2019, the revised wetland rules became effective.
Along with the new rules, NHDES issued several revised publications, BMPs and wetland permit application forms that can assist applicants in completing the permit application process, from the very beginnings of resource identification, preliminary design and impact analysis, pre-application dialogue with NHDES, through to successful receipt of the permit and conditions. NHDES staff hosted a series of training sessions across the state that reviewed specific chapters of the new rules and gave input regarding noteworthy changes between the old and new rules, new items that may need to be addressed in an application, and answered questions about the new rules and forms.
Projects that involve repairs to certain sized bridges (routine roadway, replacement, repair, or extension of culverts) will be permitted faster and easier than under the prior rules using the new Permit by Notification (PBN) and Statutory PBN categories. The new rules have provided:
A new definition for when a stream crossing project may be “self-mitigating,” which helps determine when those kinds of projects may or may not need mitigation.
A reduction in the distance to an abutting property line for which impacts can occur without the abutting landowner’s permission from 20 feet to 10 feet; acquiring these permission letters can sometimes be a time-consuming step in the permitting process.
A comprehensive Wetlands Permit Planning Tool (WPPT) that allows for convenient review of multiple project parameters in one online location, including stream crossing and watershed data, National Wetland Inventory and FEMA flood maps, and Shoreland Protection areas; this tool will allow for a better understanding of the potential project impacts and permitting needs during preliminary design to eliminate costly or time-consuming “surprises.”
Through it All
The Hoyle, Tanner environmental coordination team, which consists of myself, Deb Coon, and Joanne Theriault, are well-versed in the new (and old) rules and will work with our clients to determine the best path through NHDES permitting for every project.
Perfluoroalkyl compounds (PFAS) are manmade chemicals that are characterized by very stable carbon chains that allow them to act as a strong repellent to oil, water, and stains from other liquids. These desirable properties mean they are found in hundreds of consumer products as well as in firefighting foams.
There are more than 1,000 forms of PFAS compounds that have different chemical makeups and properties and different levels of toxicity. To date, the most commonly found PFAS compounds are ‘perfluorooctanoic acid’ (PFOA) and ‘perfluorooctanesulfonic acid’ (PFOS).
These forms have long carbon chains, do not readily break down in the environment, are water soluble, and have been found in some New Hampshire groundwater supplies at elevated levels.
The public health concern is for PFAS to be consumed, absorbed and accumulated in the body at toxic levels. Although more research is needed, initial scientific studies indicate that long-chain compounds like PFOA and PFOS may cause developmental effects in infants, interfere with the body’s natural hormones, increase cholesterol levels, affect the immune system and increase the risk of cancer. Scientists are still learning about the health effects of PFAS and their toxicity, though it is believed that the PFAS compounds having shorter carbon chains are potentially less toxic since they remain in the bloodstream for shorter periods of time.
Are these compounds in your public water supply?
In 2017, EPA recommended PFAS levels they believed would not lead to toxicity while allowing states to consider more stringent levels for compounds of concern. The NH Department of Environmental Services (DES) has been working diligently on amendments to their drinking water rules to protect public health and the environment from PFAS in our drinking water. New rules were recently adopted that will affect every public water system in the State of New Hampshire.
Last week, Hoyle, Tanner’s water quality experts attended the NH Drinking Water Exposition and Tradeshow learning about New Hampshire’s new PFAS limits. DES submitted amended public drinking water rules in July 2019 to the state legislature which voted in favor of the new standards. The new standards became effective on September 29, 2019 setting the Maximum Contaminant Levels (MCL) in public drinking water for specific PFAS compounds as follows:
PFHxS = 18 ppt
PFNA = 11 ppt
PFOS = 15 ppt
PFOA = 12 ppt
The new rules require public water supplies to begin sampling and reporting levels of these four PFAS compounds beginning in the fourth quarter of 2019 (Oct-Dec) with continued quarterly sampling and reporting in 2020 and beyond. The regulatory thresholds will be based on a 4-quarter running average for each of the PFAS compounds with compliance indicated by a 4-quarter average that is less than the MCL for each compound.
By January 2020, DES will be submitting draft rules on PFAS in surface water to the New Hampshire legislature – more to come on this front!
Proper sampling is critical to avoid contaminating samples. Many communities are not equipped to perform the sampling themselves and will rely on certified laboratories for proper sampling, analytical methods, and meeting the quarterly sampling and reporting schedule.
The DES Water Quality Experts
Hoyle, Tanner’s water quality engineers are committed to keeping at the forefront of emerging regulations and technologies to be able to better serve the communities where we live and work. You may contact me, Joe Ducharme, Regional Manager of Environmental Services, at 603-669-5555, x-142 or email me with any questions or water quality needs – we are here to help!
This summer, New Hampshire has made noteworthy steps in keeping our drinking water safe by enacting stricter Maximum Contamination Levels (MCLs) for contaminants of concern. Regulations were approved lowering the regulated MCL for four ‘per’ and ‘poly’ fluoroalkyl substances (PFAS) chemicals detected in NH drinking water, and the MCL for arsenic has been cut by half.
Arsenic Levels in our Drinking Water
Arsenic is a naturally occurring chemical element in groundwater and is a regulated inorganic compound for NH public drinking water supplies. NH adopted the federal maximum contaminant level (MCL) of 0.010 milligrams per liter (mg/l) many years ago. This July, the Governor signed a bill lowering the arsenic limit to 0.005 mg/l to further improve public health. NH public water supplies currently treating for arsenic will need to reevaluate their treatment systems to determine whether they meet the new MCL of 0.005 mg/l by the compliance deadline of July 2021.
Regulating PFAS in our Drinking Water
PFAS chemicals have been found in some New Hampshire drinking water sources. They include perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS).
Since the 1940s, these compounds have been steadily increasing in the environment, as they are used in a variety of household, industrial, and commercial products worldwide. Some common products containing PFAS chemicals include non-stick (Teflon) cookware, flame retardant foams, and food packaging, such as microwave popcorn bags and fast food wrappers.
Once in the environment, these chemicals do not break down easily and are known to accumulate in the human body over time. Research on these compounds is still limited, but the Agency for Toxic Substances and Disease Registry (ATSDR) has identified health issues like decreases in fertility and vaccine response, increase in cholesterol levels, and evidence of carcinogenicity (specifically testicular and kidney cancer), as possible effects of excessive exposure to PFAS chemicals.
This July, the NH Joint Legislative Rules Committee (JLCAR) voted to approve rules proposed by the NH Department of Environmental Services (DES) that set limits for PFAS compounds in NH community drinking water systems. Applicable water systems are defined as non-transient systems serving 25 or more people, more than 60 days per year. The rules are intended to protect the most sensitive populations over a lifetime of exposure and includes the following compounds:
New Hampshire is now the first state to set new PFAS Maximum Contaminant Levels (MCLs) that are well below the federal health advisory level of 70 parts per trillion (ppt). The new MCLs becomes effective October 1, 2019. Mandatory quarterly PFAS testing will start in the fourth quarter of 2019 on all community water systems. Those results will be combined with the first three quarters of results in 2020 to develop a running four-quarter average concentration that will determine the systems in compliance, and those needing remediation. Remediation could mean installing treatment and filtration systems with estimated costs (for compliance with the new rules) reportedly as high as $200 million. NHDES approved these changes in an effort to make the state’s drinking water safer for consumption. To read the full report, visit the NHDES website.
The United States has multiple federal laws and international treaties aimed to protect endangered species. Species conservation is a shared responsibility; our choices and actions are capable of making a difference for the better. As engineers, we at Hoyle, Tanner are committed to the protection of endangered and threatened species by working through strict permitting laws and utilizing environmental experts.
In 2015, the northern long eared bat received news coverage for becoming a threatened species under the Endangered Species Act (ESA). In 2016, it received a final 4(d) Rule, mandating that the species needs conservation help. Currently the main factor threatening these bats is a fungus called White Nose Syndrome, which is the disease responsible for a species decline of up to 99% in the Northeast.
Identifying the Northern Long Eared Bat
The northern long eared bat is a brown-toned, medium sized bat with a body length of 3 to 3.7 inches. Named for its unusually long ears in comparison to other bats, the northern long eared bat species range includes 37 states across most of the Eastern and Northern Central United States.
During the winter months, the bats can be found hibernating in caves and mines with constant temperatures, high humidity and limited air flow as hibernacula. In the summer, the northern long eared bats preside primarily in the crevices of dead trees. At dusk they feed on moths, flies, leafhoppers, caddisflies, and beetles. A hibernating bat with White Nose Syndrome can be identified by white fungus on its muzzle, causing the animal to act strangely and often flying out of their hibernacula during the winter months. White Nose Syndrome is currently present in 25 of 37 states within the species range and there are indications that it will continue to spread.
Protecting the Northern Long Eared Bat
White Nose Syndrome was first identified in New York in 2007 and has since been primarily responsible for the severe decline in species population. Steps in disease management have been taken by many government, non-government and university organizations to decrease the rate the disease is spread.
Since being listed as threatened on April 2, 2015, the northern long eared bat is federally protected under Section 7(a)(l) of the ESA, which requires federal agencies to use their authorities to conserve listed species. In June 2016, the Federal Highway, Railroad and Transit administrations completed a range wide consultation and conservation strategy for transportation construction and expansion projects. According to the article, “The programmatic biological opinion that resulted will help expedite the consultation process related to transportation projects and provide a consistent approach to conservation for the bats. The strategy includes:
Proactive conservation measures that are most suited and needed for the conservation of the species,
Priority areas for mitigation measures,
Standardized effects analyses with avoidance and minimization measures associated with project types,
An informal programmatic consultation covering all states; and
A limited formal programmatic consultation.”
For more information, visit U.S. Fish and Wildlife Services website.
How Can You Help?
We share the planet and the responsibility of being hospitable to other creatures. You don’t have to be an environmental specialist to help keep this disease from spreading. Here are a few things you can do:
Do Not Disturb: Cave and mine closures, advisories and regulations are there for a reason. Abide by them. By entering a cave or mine against security standards or recommendations, you could be risking the possibility of disturbing hibernating bats. Waking a hibernating bat can force it to use up valuable energy resources and in turn decrease its chances of surviving the winter. Furthermore, by entering a cave or mine without permission, you may be violating decontamination policies and exposing bats to White Nose Syndrome. Because we still do not know exactly how the disease is spread, you should never utilize clothing, footwear or equipment from an affected area in an unaffected area within the range
Save Dead Trees: A dead tree may be an eyesore compared to the rest of your beautiful yard, but before you cut it down, remember what could be depending on it for survival. Northern long eared bats are forest-dependent creatures that rely on different elements of forests to survive. By removing dead trees during a time when bats may be in the trees, you could be causing harm.
Build a Bat Box: Already cut the tree down? You can replace it with a bat box! By creating this backyard habitat, you are providing a safe and sound location for over 100 bats to roost. “Bat boxes are especially needed from April to August when females look for safe and quiet places to give birth and raise their pups.”
Tell Your Friends: Sometimes you can make the biggest impact by simply spreading the word. There are so many endangered species that need our protection and although a bat with unusually long ears isn’t as glamorous as a tiger or an elephant, it doesn’t make them any less important. Bats play a significant role in regulating the insect population and eliminating crop-destroying pests.
Many people do not understand the role they play in maintaining a healthy and balanced ecosystem. By spreading the word and telling people how they can do their part you will have a significant impact in the ongoing fight for the preservation of the northern long eared bat and endangered species as a whole.
National Drinking Water Week is a time to celebrate and recognize the vital role water plays in our daily lives. For more than 40 years, the American Water Works Association (AWWA) has encouraged individuals in the community to take personal responsibility over conserving and maintaining clean drinking water.
Although the majority of the earth’s surface is covered in water, only 1% of it is accessible to drink. Here in the United States, we are blessed with access to some of the cleanest drinking water in the world, but we go through roughly 355 billion gallons of it a day. We need to increase our conservation efforts in order to preserve this vital natural resource for future generations.
In the hopes of spreading the word and doing our part to participate in National Drinking Water Week this year, we have gathered together a list of tips and tricks that can help you do your part to save more clean drinking water and support water infrastructure.
Get the lead out: Lead is a common and naturally occurring metal that is sometimes present in the pipes of older homes. In small amounts it is not necessarily toxic, however, continuous exposure can have harmful long term effects on the body, particularly in children and pregnant mothers. Due to it being both invisible and tasteless, the only way to find out if there is lead in your water is to get it professionally tested. That can cost between $20 to $100 dollars.
Don’t plan on getting your water tested? Flushing your tap water is a way to curb possible exposure to lead, especially if the tap has gone without use for an extended period of time. Flushing the tap gets rid of the water that has been standing in the pipes and ensures you only get water from the source where the chances of naturally occurring lead are extremely rare. A good measure for knowing when the water has been properly flushed is when the temperature goes cold, which could take anywhere between 10 seconds to three minutes. While lead can be removed by some home treatment devices, be weary of which product you use and if/how it has been certified. We suggest checking out NSF International, the Water Quality Association, and CSA International, all of which are organizations that certify products which eliminate contaminants. For further information on lead and how to ensure it is not present in your tap water at either your home or workplace, visit Drink Tap’s webpageor take advantage of one of these hotlines:
EPA Safe Drinking Water Hotline: 1-800-426-4791
National Lead Information Center: 1-800-LEAD-FYI
Fix those Leaks: Did you know the United States wastes one trillion gallons of water annually from household leaks that go unattended? The easiest way to participate in water conservation is to make sure you aren’t unknowingly wasting gallons of water every day. The best way to determine if you have a leak is to turn off all of your appliances that utilize water (i.e. dishwasher, laundry machine), faucets, and outside watering tools. Once you are sure that there is no water running in your home take a look at your water meter. If the flow indicator is still moving, then you probably have a leak. The two most likely culprits for leaks are either the toilets or faucets. The cheapest way to check to see if your toilet is leaking is to drop food coloring in the holding tank. From there, all you have to do is not flush the toilet and wait to see if the water in the bowl becomes colorful. If it does occur, you can confirm the leak. Leaks can be tricky. It can be hard to identify the cause and even harder to execute an easy fix. If you want to read more about the do’s and don’ts of finding and fixing a leak check out Drink Tap’s webpage.
Take Care of Your Pipes: Repeatedly flushing products such as wipes, facial tissues, paper towels, medications and the likes down the toilet can cause unnecessary issues in time. Maintaining lower water pressure is an easy way to lengthen the life of your pipes. High water pressure can easily lead to leaks, which we already know can be extremely wasteful, and be costly to fix. Another easy way to preserve your pipes is making sure you properly dispose of fats, oils, and grease. Throwing these waste products in your regular garbage once they solidify can prevent unwanted in-home sewer back up.
Invest in Infrastructure: Water infrastructure is an essential part of daily life. The North American drinking water network is four times longer than the National Highway System, measuring roughly one million miles long. Unfortunately, much of the current infrastructure has been in the ground for 75 years or more, meaning that it will need to be replaced within the next 25 years. If we do not begin to face the problem of water infrastructure, we will soon find ourselves in the middle of a crisis that threatens the public health and economic vitality of the entire nation. This responsibility cannot be tackled by the water utility companies alone. Replacing our water infrastructure requires a united effort by government, stakeholders and the public as a whole.
We often forget that drinking water is a natural resource that needs to be preserved and protected if we are to have continued access to it in the future because it is so easily accessible to us in the United States. Taking these necessary precautions and investing in the care and restoration of pipes are easy ways that you can participate in preserving the existing infrastructure for the future.
Whew!! You got that Notice of Intent form submitted (hopefully) to EPA on or before October 1. Now what? Grab a cold one, sit back, relax? Wishful thinking. Now the real fun begins.
For those communities that have not already done so, stormwater outfalls from the MS4 area must be located, mapped and assigned a unique identification number. Then an inspection and condition assessment must be done for each outfall. If you were an MS4 community subject to the 2003 permit, you would have (or at least should have) completed this. However, you are not finished. Mapping completed pursuant to the 2003 MS4 permit must be updated with significantly more detail added per the 2017 MS4 permit. You have 2 years to complete the update. If you are a new MS4 community subject to the 2017 MS4 permit, you need to start this process and complete it within 3 years. For all MS4s, the stormwater mapping must be updated annually; and catch basins, catchment areas, manholes, and other features must be added. You must also complete an outfall inventory and ranking. The ranking is based on potential for illicit discharges and sanitary sewer overflows. Are we having fun yet??
If flow is observed from any outfalls during dry weather, it will be necessary to conduct dry-weather sampling and testing of each outfall in which dry-weather flow was observed in order to determine if there are potentially illicit discharges in the outfall. Outfalls must be ranked as “Problem”, “High-Priority”, “Low-Priority”, or “Excluded” based on known or suspected illicit discharges or sewer system overflows. This is all part of the required Illicit Discharge Detection and Elimination Program (IDDE). Did I mention you need to complete a written IDDE program within one year (by June 30, 2019)?
A number of New Hampshire communities are specifically listed in the 2017 MS4 permit based on discharges to waters with an approved Total Maximum Daily Load (TMDL) and/or based on discharges to certain water quality limited (impaired) waters without an approved TMDL. Approved TMDLs include chlorides, bacteria or pathogens, and phosphorus.
How is your Phosphorus Reduction Plan coming along?
Impairments to waters without an approved TMDL include: nitrogen, phosphorus, bacteria or pathogens, chloride, total suspended solids, metals, and oil and grease. Did you know that leaf litter contributes phosphorus and nitrogen to stormwater runoff?
How is your Chloride Reduction Plan coming along?
The written Plan has to be completed within 1 year (on or before June 30, 2019). There are also specific requirements for public education and outreach as well as public participation including messages and outreach to target audiences.
How are your stormwater regulations?
MS4 communities need to update their stormwater regulations and ordinances (if you already have them) or develop and implement regulations for managing stormwater (if you do not have them).
By the way, did I mention that all of the foregoing has to be addressed in your Stormwater Management Plan? The Hoyle, Tanner team of experts is available to assist you as needed with MS4 permit compliance. If you have questions, please contact me or Heidi Marshall for assistance.
EPA Region 1 issued the revised New Hampshire Small MS4 General Permit on January 18, 2017. Affecting 60 New Hampshire communities, this new permit will make a significant change in stormwater management compliance when it takes effect on July 1, 2018.
This new permit imposes more stringent regulations for communities’ compliance in regards to how to manage stormwater.
Many community leaders have expressed concerns that the overlap with other regulatory requirements and the cost of meeting those requirements may not effectively achieve the desired results, and they are looking for integrated cost-effective approaches to meeting the new regulatory requirements.
Governor Chris Sununu has publicly spoken against the new MS4 permits, saying that they would severely impact municipalities and taxpayers, noting that “additional mandates contained within the new MS4 permit will prove themselves overly burdensome and enormously expensive for many of New Hampshire’s communities.”
If you live in community in Southern New Hampshire, chances are that this change affects you in some way. To see a list of affected communities, please visit the EPA website.
Hoyle, Tanner has experienced staff who are knowledgeable about asset management, SRF loan pre-application preparation, and MS4 permitting.
John Jackman, PE, is Hoyle, Tanner’s premier Asset Management Specialist. Although the CWSRF money cannot be directly used to support the MS4 program, using the asset management program to support documentation of municipal assets will be helpful in setting up a strategy for compliance related to the October 1, 2018 required filing date of the MS4 permit’s Notice of Intent.
Michael Trainque, PE, has 39 years of environmental engineering experience. Michael has been integrally involved in developing model stormwater regulations, identification, assessment and dry-weather sampling and testing of stormwater outfalls, as well as other aspects of stormwater management.
Heidi Marshall, PE has been assisting industries and municipalities with NPDES compliance since the 1990s when EPA published the initial stormwater requirements and can assist you with preparation of the Notice of Intent, developing or updating the Stormwater Management Plan, and can provide assistance with the required follow-up actions.
Hoyle, Tanner is equipped to help communities that are affected by MS4 regulation changes. We are immediately available to help with pre-application funding, notice of intent preparation for October, and setting up action plans to comply with MS4 requirements.
Let Hoyle, Tanner guide your community into a future with cleaner water. Contact John Jackman, PE for asset management application assistance, or for MS4 assistance, contact Michael Trainque, PE or Heidi Marshall, PE.
February 2, 2018 has been designated as World Wetlands Day by the International/Ramsar Convention on Wetlands, with a focus on Urban Wetlands. What are urban wetlands, and why are they important?
Wetlands are land areas that are flooded with water, either permanently or seasonally, and include rivers, streams, floodplains, marshes, estuaries and bogs. Urban wetlands are these same bodies of water, but are found in or around cities and their suburbs.
Preserving urban wetlands is an important step to providing a sustainable future as our global population grows and becomes more urbanized. Currently, 50% of the world’s 4 billion people live in urban areas, with that number proposed to increase to 66% by 2050. The need to provide land for building and basic services should be balanced between the need to preserve and restore natural resources like wetlands in order to make cities more livable.
Historically, wetlands were viewed as land that should be filled in to create usable land. As upland or dry areas have been mostly built-out in our larger cities, wetlands are under more pressure to be filled and converted into “usable” space. Why is this a problem?
Wetlands perform valuable services in our landscape in six major ways:
1) They are the source of almost all drinkable water consumed by urban populations. Wetlands filter water before it enters groundwater aquifers, helping to replenish this important water source.
2) They support the plant life that acts to filter waste, absorb harmful toxins (including agricultural pesticides and industrial waste), treat sewage and improve water quality.
3) They improve air quality by increasing humidity and providing oxygen (from plants) into the local atmosphere, the combination of which results in natural cooling.
4) They act as sponges to absorb flood waters and then release water slowly to reduce flooding and storm surges.
5) Wetlands are often an important part of parks and conservation areas that offer space for recreation (kayaking, fishing, walking or jogging, etc.) and access to a diversity of plant and animal life, which has been shown to increase happiness and satisfaction in residents. Studies have confirmed that interacting with nature reduces stress and improves the overall quality of life.
6) They offer a way for citizens to make a living by providing opportunities for fishing and agriculture or collecting plants for weaving, medicine, and food products. Wetlands can also provide tourist attractions, such as recreational fishing, diving, and sight-seeing that enable local citizens to make a living from secondary service opportunities such as restaurants and hotels.
Sean James, PE, Vice President, cuts branches along a walking trail as part of a recent community volunteer event.
Wetlands are important to our ecosystem. Here are some ways you can protect wetlands: get involved in local planning efforts and speak out in support of preserving new parks and conservation areas; volunteer to restore or clean-up existing parks, streams and wetlands that have been neglected or run-down; organize a volunteer day or event in your community to pick up trash, plant trees or flowers along your local river or stream bank; stay informed on proposed land-use changes in your community; support legislation that protects or preserves wetlands; reduce water consumption to reduce the demand on groundwater aquifers; reduce or avoid pesticide use, which can run-off into streams and wetlands and be toxic to fish, plants and wildlife; reuse or recycle natural materials; and reduce your waste where you can.
Integrating wetland preservation and restoration into urban policy and planning efforts is key to improving urban life now and in the future.
Environmental permits give clear instructions on how the environment must be protected to maintain a precise balance between development and environmental protection. Environmental permitting is the process by which impacts to the natural environment are regulated and monitored to ensure minimal damage or disruption to environmental and human health. Because of permitting, activities that may cause pollution are prohibited by environmental protection agencies as well as local authorities.
With rigorous regulations established around environmental protection, a proactive approach for obtaining permits is required for projects to minimize impacts while maintaining the project’s schedule. As we look back at the permitting efforts completed in 2017, we are proud of the accomplishments our team has made to assist in leading these projects to successful completion. Our team members permitted 26 new projects in addition to the activities continued from prior years, here is what some of them entailed:
State Permitting Efforts:
20 NHDES Wetland Permits
10 NHDES Shoreland Permits
1 CT DEEP Wetland Permit
2 Maine DEP Natural Resource Protection Act (NRPA) Permits
3 Maine DEP Site Location of Development Act (SLDA) Revisions /Amendments
1 NHDES Alteration of Terrain (AoT) Permit
1 VT ANR Wetland Permit
Extensive coordination with federal, state and local regulatory agencies strengthens our relationships to facilitate successful consultation throughout the permitting and planning process. With 2017 wrapped up, 2018’s permitting efforts have started off just as strong.
After a minor delay by President Trump’s Administration, the US Fish and Wildlife Service (USFWS) listed the Rusty Patched Bumblebee (Bombus affinis) as endangered under the Endangered Species Act (ESA)- effective March 18, 2017. Species that are listed under the ESA are afforded protection for not only individuals but also their habitat, which, for those who are involved in any type of development, engineering, architecture or construction projects, can result in conflicts.
In addition to reviewing a project for potential affects to species protected under the ESA, coordination is also required to identify potential impacts to state-listed species protected under the regulations in each of the New England states. For example, in New Hampshire, Hoyle, Tanner has designed and provided construction oversight to avoid impacting the following species: the federally-threatened small whorled pogonia (Isotria medeoloides), a terrestrial orchid which prefers acidic soil often found along streambanks and slopes; the federally-endangered dwarf wedgemussel (Alasmidonta heterodon) that lives in the beds of relatively slow, clean rivers and streams; and the state-endangered Blanding’s turtle (Emydoidea blandingii) and Eastern hognose snake (Heterodon platyhinos), which use wetlands and rivers for breeding and feeding.
But really, a bumble bee? First off, this is not the first invertebrate species to be listed for protection- maybe they are less cuddly or sweet to look at than a bald eagle, but the American Burying Beetle (Nicrophorus americanus) and Karner Blue Butterfly (Lycaeides melissa samuelis) have a role in their own environments that are important enough to prevent their loss. Second, it is not the first bee to be listed, as 7 bee species were placed on the ESA in September 2016, however they are only found in Hawaii. The Rusty Patched Bumble Bee is currently protected not just because the number of individuals has declined by as much as 87% since the 1990s and it is important to protect environmental diversity along all taxonomic groups, but also because their decline affects the wide-scale pollination process and ultimately could have an impact on our economy and food-supplies. This species relies on tall grass prairies and grasslands along the upper Midwest and Northeast, including Maine and Massachusetts, areas which have been lost, degraded or fragmented as development has converted the land. This colonial insect requires access to a continuous supply of flowering plants from early spring through fall. The increase in monoculture farming that has resulted in a lack of plant diversity means that the bumble bees only find flowers during portions of their life cycle, or have to travel long, exhaustive distances to find food.
The USFWS recognizes that the Rusty Patched Bumble Bee only remains on lands where management or land use has allowed them to survive, and in these areas conservation goals will be targeted. Project proponents will need to consult with USFWS staff for project review, as they currently do for all projects, to ensure this bumble bee will not be affected by the proposed actions.
Important Note: An identified project that has the potential to impact a listed species habitat is far from a road block! Proper and timely coordination with the appropriate state and federal regulatory officials can result in resolving conflicts for the project to proceed, in most cases. Often there may be a time-of-year (TOY) restriction placed on the work schedule to avoid nesting or breeding seasons, or certain design changes can be implemented, such as the use of non-plastic erosion control matting or netting to protect reptiles and amphibians. In certain cases, a survey can be conducted of the project area by an experienced biologist to determine if the species is present or using the area; this can be helpful where habitats have been identified based on older soil mapping or vegetation surveys data, or the species reports are historic and the species has not been seen in the area in recent years. If the species is not identified during a site-specific survey, not only is this helpful in allowing the project to move forward without restrictions, but it also provides the agencies with valuable data on the locations of protected plants and wildlife.
Who would you say was one of the most significant environmental Presidents? Would it surprise you if I told you I think it is Richard Nixon? Yes, the only US President to resign from office, and who commonly made such un-eco-friendly statements as comparing environmentalists to a bunch of animals, was also the President who signed into creation the National Environmental Policy Act (NEPA) in 1969. This was one of the first laws that established the legislative framework for protecting the environment, outlined national environmental policies and goals, and developed the Presidential Council on Environment (now known as the Council on Environmental Quality (CEQ)) within the executive office. NEPA requires federal agencies to integrate our national environmental values into their decision making processes by considering the environmental, human and social impacts of their proposed actions as well as the reasonable alternatives to those actions.
In 1970, President Nixon also created the Environmental Protection Agency (EPA). Before the agency was created, our nation had no central authority overseeing the protection of the environment. Shortly afterwards, he signed into effect the Clean Air Act Extension. This is one of the most significant air pollution control bills in American history. It required the newly formed EPA to create and enforce regulations to protect people from airborne pollution known to be hazardous to human health, specifically targeting sulfur dioxide, nitrogen dioxide, particulate matter, carbon monoxide, ozone and lead.
President Nixon also signed into effect the Endangered Species Act (1973) creating the concept of preserving species and their habitats listed as threatened and endangered; this act has been called “the Magna Carta of the environmental movement.”
Finally, in the midst of his impeachment concerns, Nixon also proposed and lobbied through Congress the Safe Drinking Water Act that was ultimately signed by President Gerald Ford in 1974. This act initiated national efforts to protect the nation’s lakes, streams, rivers, wetlands and other bodies of water. It is fundamental in protecting aquatic resources including public drinking water supplies.
It comes as no surprise that during such an important environmental awareness period the first Earth Day was celebrated on April 22, 1970. Earth Day founder Gaylord Nelson, then a U.S. Senator from Wisconsin, proposed the idea of a “national teach-in on the environment” to the national media and ultimately gathered a national staff of 85 to promote events across the country. On that first Earth Day over 20 million Americans took to the streets, parks, and auditoriums to demonstrate for a healthy, sustainable environment in many wonderfully creative ways.
In the 45 years since the origin of NEPA and these other ground-breaking legislations, environmental protection and regulation has become extensive and complex. In my role as Environmental Coordinator, I work hard to ensure our clients and projects comply with the applicable laws and regulations that govern our projects. I work to guide projects from preliminary design through construction and operation while successfully acquiring the relevant federal and state environmental permits, including NEPA compliance for impacts to streams, rivers, floodplains, wetlands, and state- and federally-listed species, among others.
Earth Day 2015 will celebrate the 45th anniversary of the event that raised environmental issues awareness to unprecedented heights and brought the concept of working towards a cleaner and safer nation from a wild “hippie” idea to mainstream citizens. For more information on how you can participate in Earth Day celebrations and events visit Earth Day Network.