The Concerned Citizens of Group 3Issues with Group 5 Consultants

The Planned Construction Activities sheet states a total of 147 lots.

Within the submitted permit applications, the number of lots and disturbed acres is listed differently throughout.

This discussion from the submitted NPDES permit states a total of 162 lots.

The Encroachment permit discussion states a total of 193 lots.

Stormwater Permit Problems

The Planned Construction Activities sheet states the total disturbed area is 80.85 acres.

The first page of the submitted NPDES permit states the total disturbed area is 85 acres.

The total acreage listed here is 42.18, however these numbers sum to 44.47.

Stormwater Permit ProblemsConstruction Activity

or BMPTheir Number Our Number

Forest to Impervious +40.6 VEU +28.1 VEU

Meadow to Impervious +46.56 VEU +29.0 VEU

Meadow to Turf +32.3 VEU +45.3 VEU

Bioretention System (Rain) -6.5 VEU -54.52 VEU

Bioretention System (Rain) -2.16 VEU -18.22 VEU

Chemical, etc Alternatives -76.25 VEU -7.63 VEU

Infiltration Basins -40 VEU -4 VEU

Net Change in VEUs -18.1 VEU -75.77 VEU

Post-Construction Stormwater Management Plan (PCSM)

The locations of two 10-acre infiltration basins can not be determined due to lack of written description or indication on the map.

Supporting calculations not included.

Incomplete or contains insufficient writing!

NPDES Permit: Legal Problems

NPDES Permit: Legal Problem

102.14. Riparian buffer requirements.(a) General requirements for mandatory riparian buffers

(1) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond or reservoir when the project site is located in an exceptional value or high quality watershed.

High Quality + Within 150 feet

Encroachment Permit

Chapter 105 An existing dam, water obstruction or encroachment constructed under a license or

permit issued in compliance with the act of June 8, 1907 (P. L. 496, No. 322) (53 P. S. 16834 note and 55 P. S. 332.1 and 332.2) or the Water Obstructions Act, shall be deemed to comply with the construction and operating permit requirements of this

section. These projects shall, after September 27, 1980, comply with the operating,

maintenance, monitoring and other requirements of this chapter.

Encroachment Permit ProblemsPROJECT SUMMARY

Project Purpose - unclear, requires narrative with details, why developing? Risk Assessment - not addressed/omitted Impact Analysis - not addressed/omitted Failed to define resources on land adequately

Floodway Floodplain

Enclosure A Resource Identification

length and width of floodways Wetland Identification

delineation physical information

The wetlands shall be identified and delineated in accordance with the Departments Wetland Delineation Policy as published at 105.451 (relating to identification and delineation of wetlandsstatement of policy).

Encroachment Permit Problems

Incomplete applicationUnorganized Enclosures

Enclosure A - Wetland Identification

Enclosure B - Map Unclear road development indications

Chapter 105Appellant, who placed fill on his land without a permit which constituted an unlawful encroachment on wetlands in violation of the law, could not claim Department of Environmental Protections issuing of compliance order effected an unconstitutional, regulatory taking of property rights because Appellant

failed to apply for a permit. Baehler v. Department of Environmental Protection, 863 A.2d 57, 5960 (Pa. Cmwlth. 2004).

Encroachment Permit Problems

Enclosure C Description of Aquatic Habitat Water Quality - Mention Trout Stocked Fishery but is it HQ?

It is considered a High Quality stream if according to 93.4b(2)(i)(A): An integrated benthic macroinvertebrate score of at least 83% shall be attained by the referenced stream or watershed. The creek is scored as 83.78%.

Failed to specifically discuss impacts on: Natural drainage patterns Recreation Nesting, migration, spawning Water quality

Did mention implementing riparian buffers to protect the river at all costs

Encroachment Permit Problems

Enclosure D Project Impacts

Failed to discuss impacts on adjacent land and water resources Failed to identify cumulative environmental impacts Mentioned adding 20 acres of forested area to provide an increase in the natural resources

in the area

Chesapeake Bay Load Allocation

The instructions [above] specifically say that the calculations should be done for a total of 25 years. This was not accounted for in Group 5s calculations [below]. This means that

the final numbers for the Chesapeake Bay load allocation are grossly underestimated.

The Developers of Group 3

Happy Valley HomesWelcome to

Building homes for you and your family, for generations.

Site Plan

Chesapeake Bay Allocation

Encroachment Aquatic Habitat description

The creek quality could be impacted during construction because of sediment runoff, but the degradation will likely not be enough to impair the ability of the streams to provide habitat for aquatic species.

Stream Quality The minimum IBI score to be considered a High Quality stream is 83.

The Spring Creek Watershed Association rated the stream as 83.78. The design for this project is based on a High Quality stream.

The only encroachment taking place are the bridges.

Mitigation PlanOld design plan (Left)

Final design(Right)

Stormwater Management Used alternate, more accurate calculations of area...

Stormwater Management...Which lead to accurate VEU calculations.

Stormwater Management Mitigation techniques:

Restore forest on the delta between streams Restore forest on all "very steep" slopes Build riparian buffers along Spring Creek, from turn near property center

northeast to property line, north side only Build riparian buffers along Spring Creek, from confluence with tributary

northwest to turn in stream near property center All turf areas will have rules governing chemical application

Stormwater Management All structures will have green roofs All streets will be swept regularly

Parking will be underneath the apartments, and houses and townhomes will have garages

Total VEU Value: -22.5 allows for the project to continue if HQ/EV is designated

Happy Valley HomesBuilding homes for you and your family, for generations.