2019 Team Environmental Newsletter

IN THIS ISSUE

1
Plan Ahead - Know Your Land
Vernal Pool Identification
2 Wetlands
by Gary Fullerton, CSS, LSE - Director, Natural Resources 3 Phase I Environmental Site
Assessments
Whether you are buying, selling, or developing land, there are important
environmental characteristics that may limit the value and suitability of the 4 Voluntary Response Action
Program
property in question. Does the site have wetlands, streams, vernal pools, or
associated setbacks from abutting parcels? Is there threatened or endangered 5 Septic System Design
wildlife habitat? Has the soil or groundwater been contaminated in any way? 6 Mounding Analysis
Is there shallow ledge, clay soils, or other physical limitations to building?
These are a few of the important questions that must be addressed before
assessing or investing in a piece of property.

If you are planning development in 2019, now is the time to start thinking Recent Changes to Rules
about your environmental and natural resource features. Sebago Technics, & Regulations
Inc. (STI) can help you identify all site constraints that play an important role
in determining property value and how property can be developed. •  Current proposed changes to
setbacks associated with Wetlands
of Special Significance are pending
Vernal Pool Identification - April & May approval.

One critical part of your due diligence for •  Effective January 1, 2018,
marketing or developing property should be the the Legislature increased the
identification of vernal pools. Vernal Pools are application fee for submission
temporary bodies of water that are the primary to the Voluntary Remediation
breeding habitat for several species of amphibians. Action Program (VRAP) from $500
to 1% of the assessed value of
STI has assisted developers and landowners
the subject property. The fee is
with vernal pool assessments and regulatory capped at $15,000. This represents
permitting since regulations were adopted in a significant increase for most
2007. Vernal pools are regulated under the properties. As an example, a
Natural Resources Protection Act by the Maine Department of Environmental property valued at just $200,000
Protection (DEP) and under the Maine General Permit by the U.S. Army Corps will now be assessed a fee of $2,000.
of Engineers (USACE). Vernal pools can only be surveyed in the Spring before The new fees no longer include
they dry out, don’t miss this small window of opportunity! charging of DEP staff review time
as a partial offset to the higher
The USACE has discretionary authority to regulate a vernal pool based submission fee.
solely on the presence of one or more egg masses of any kind. The DEP only
regulates Significant Vernal Pools. A vernal pool is deemed significant by
the number and type of pool-breeding amphibian egg masses in a pool, the
presence of fairy shrimp, or use by rare, threatened, or endangered species.
Unlike the USACE, which has no minimum thresholds, the minimum egg
mass thresholds which trigger DEP jurisdiction are:

• Wood Frogs (L. sylvaticus) : ≥40

• Spotted Salamanders (A. maculatum): ≥20
• Blue-Spotted Salamanders (A. laterale): ≥10

March 2019 - Environmental Newsletter

1
Wetlands
Although winter wetland delineation is possible, it is less cost effective and often requires review once Spring
arrives. Wetland characterization and delineation quantifies both the type and amount of impact a potential project
may have. As a buyer, seller, or developer understanding the wetlands on a property, and whether or not they are
of special significance to different state and federal agencies, can dramatically affect the value and possibilities of
the land.

Different types of wetlands have different features which may present different restrictions. Sebago Technics
helps clients understand what can and cannot be done, and the associated steps for all possible options, assisting
landowners with a wide variety of projects for over 37 years. Let Sebago Technics help you navigate various DEP
and Army Corps of Engineers regulations and get your project underway today!

Phase I Environmental Site Assessments (ESA)

The Phase I ESA involves a review of records, a site inspection, and interviews with past and current owners, occupants,
neighbors, and local government officials and should be conducted alongside the purchase of commercial or
industrial property. The main purpose of a Phase I ESA is to assess the true value and nature of the property in
question. This is accomplished by examining the history of the property for soil or groundwater contamination
resulting from past use or neighboring sites that may be impacting the property’s value or in worst cases causing
civil liability. This report is commonly prepared for real estate and business transactions such as undeveloped land
purchases, building and business purchases, leases, new residential developments, and bank loans. If you are buying
a house in or adjacent to a commercial area or other environmentally sensitive business, you should have a Phase
I ESA performed on the property prior to obtaining the title.

Voluntary Response Action Program (VRAP)

Since 1993, The Maine DEP’s VRAP has been utilized to limit liability when buying a property where hazardous
material has been released. The VRAP allows applicants to voluntarily investigate and cleanup properties to the
Department’s satisfaction in exchange for protections from Department enforcement actions and is intended to
encourage the cleanup and redevelopment of contaminated properties within the state.

Septic System Design

An HHE-200 septic system design form must be approved for any project utilizing a septic system for subsurface
wastewater disposal before construction begins. Different sites, wastewater quality, and flow calculations present
various challenges to the design of these systems and consulting an experienced Licensed Site Evaluator can be
the difference between system longevity and premature failure. Sebago Technics has experience with first time,
expansion, and replacement designs ranging from residential to engineered pretreatment commercial settings.

Mounding Analysis
Infiltration of stormwater or leachate from septic systems can cause a localized rise in
the groundwater table called a mound. A mounding analysis is used to calculate the size
and height of the mound. Mounding analyses are often required during the design of
housing subdivisions.

A mounding analysis considers the nature of the soil (sandy vs. clayey), the dimensions of
the septic system or infiltration basin and the amount of infiltrated water. Sebago Technics
performs mounding analyses both to model the periodic effect of precipitation events and
the day-to-day effects of septic systems.

2 March 2019 - Environmental Newsletter

Natural Resources Services:
Wetland Delineation & Mapping
Vernal Pool Surveys
Wetland Functional Assessments
Wetland Mitigation Planning
Wetland Alteration Permitting (DEP/USACE)
Global Positioning System (GPS) Services
Geographic Information System (GIS) Services
HHE-200 Septic System Applications
Site Evaluations and Subsurface Wastewater Disposal System Designs
Septic System Inspections
High Intensity Soil Surveys

Environmental Assessments:
Hydrogeological and Nitrate Studies
Mounding Analysis
Site Transmission Analysis
Phase I/II Site Assessments (ESAs, VRAPs)
Indoor Air Quality Assessments
Underground Storage Tank Removal Assessments
Resource Conservation Recovery Act (RCRA) Hazardous Waste Close-Outs
Spill Prevention Control & Countermeasure (SPCC) Plans
Stormwater Pollution Prevention Plans (SWPPP)
Maine Multi–Sector General Permit (MSGP) Stormwater Sampling
National Environmental Policy Act (NEPA) Permitting

FOR MORE INFORMATION

Gary Fullerton, CSS, LSE

Director of Natural Resources
gfullerton@sebagotechnics.com

David Chapman, CG
Senior Geologist
dchapman@sebagotechnics.com

March 2019 - Environmental Newsletter

3