Tag: Permitting

The New Great Bay Total Nitrogen General Permit

Pink and purple sunset image over water with tree skyline of Great Bay Estuary

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.

Our experience.

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.

Right-of-Way Acquisition in 7 Steps

Right-of-Way Process Graphic with arrows

Right-of-Way acquisitions in civil engineering encompass a lot of detail. According to Betsy Bosiak, land acquisition specialist at Hoyle, Tanner, it can take a little under five years to learn everything there is to know about Right-of-Way.

Betsy has shared her knowledge to answer common questions about the acquisition process. For those who may not know what Right-of-Way is, it’s the act of acquiring land or easements to complete a project. It could be anything from a homeowner’s land that needs drainage services near a road to getting new land to build a medical office. Each state has to follow certain federal guidelines, but the individual states do have specific criteria for Right-of-Way processes.

Betsy has shared about the acquisition process in New Hampshire (one she tried not to get into too much detail about because of its sheer power to overwhelm). In 7 steps, here’s a breakdown of she shared:

Before Final Design:

  1. Know the basics. First and foremost, Right-of-Way acquisition is considered a part of the final design process, depending on the size of the project. Yet it’s also important to realize that many items occur concurrent with plan development. The types of Right-of-Way are Easement and Fee. Easement acquisition is when the property owner gives easements to allow the use of land. Today, however, the most popular acquisition is fee-based; land is purchased for the project to be completed.Types of Right-of-Way
  2. Determine what’s already there. It’s vital to determine the existing Right-of-Way by checking existing plans, historic documents, property surveys, deeds, and existing ground conditions.
  3. Make a plan & be specific. To actually acquire land for project use, there needs to be a project scope, preliminary design, final design, and recording all plans.
  4. Determine the type of acquisition: Fee Taking (buying the land), Temporary Easement (using it for the time of construction), or Permanent Easement (the land is yours forever, but the State or Municipality has easement rights).
  5. Explain the impacts. You actually need to explain to the landowner the intended impacts to the property. Public meetings, meetings with officials, and meetings with landowners are a critical part of the process. As Betsy suggests, keep records of what everyone says so that there’s no confusion later in the process.

During Final Design:

  1. Determine appraisals. Even after the landowner meetings, the land is still not ready to be built upon. In fact, the next step in the detailed acquisition process is Land Value Appraisals. Once that’s complete, a written offer is made to the landowner. If the landowner does not agree, it’s back to the negotiation table.Right-of-Way Appraisal Graphic with 4 types
  2. Acquire the needed property rights. The property owner has agreed to the written compensation. It’s time to prepare the deed or easement document, and with a notary, sign the document. Save all written records and notes and make copies of each. The land is officially available for project construction.

The Right-of-Way acquisition process is no simple matter (though it was explained in layman’s terms here); and it can take anywhere from 1-6 months depending on acquisition complexity. Betsy recommends documenting files for each landowner and making multiple copies of these documents for reference.

Have Right-of-Way questions? Talk to the specialist: Betsy Bosiak.

26 in 2017: Environmental Permitting Experience Recap

Hoyle, Tanner Staff Inspecting River Bed for Permitting

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

Federal Permitting Efforts:
4 FAA NEPA Categorical Exclusions
1 FAA NEPA Environmental Assessment (Florida)
7 FHWA NEPA Categorical Exclusions

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.