Loading...
HomeMy WebLinkAboutNCG150064_COMPLETE FILE - HISTORICAL_20050419vv -I Pw STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. �V CiC� I J nob 7 DOC TYPE 0,-OISTORICALFILE ❑ MONITORING REPORTS DOC DATE p dD�S b�Il YYYYMMDD Brunswick County Airport Master Plan ILfe-4 1-5--ee6 f— ti Subject: Brunswick County Airport Master Plan From: Linda Lewis <Iinda.lewis@ncmail.net> Date: Tue, 19 Apr 2005 16:20:45 -0400 To: Ken Pickle <ken.pickle@ncmail.net> Ken: I received an application on April 13, 2005, for this project. The airport is existing, and they will be expanding over the next 20 years. A portion of the airport is within 1/2 mile of SA Waters. They are proposing dry detention because of FAA regulations, but dry detention is a discharging system, which is not allowed within 1/2 mile of SA waters. z have returned the project to them to comment on this as well as several other items. I would like to send you a copy of my letter and the Master Plan for your review and comment. The bottom line is, they will be pressuring us to permit dry detention within 1/2 mile of SA waters because the FAA will not allow an infiltration area. Would the FAA "outrank" state stomwater? Could we write a permit for dry detention within 1/2 mile of SA waters if the FAA told us to? Linda 1 of 1 5/ 13/2005 11:17 AM OTC) SAT EgQG Z -7 April 19, 2005 Mr. John Ramsey, Chairman Brunswick County Airport Commission 4019 Long Beach Road Oak Island, NC 28461 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Project Name: Brunswick County Airport Master Plan County: Brunswick County Project Number: SW8 not assigned Dear Mr. Ramsey: Alan W. Klimek, P.E. Director Division of Water Quality r7-1 �� n DEM',-4A!ATF<R A4r0SfC;t;isYA ci��R�'C:i WcTLAriDS . The submitted project' information cannot be accepted for review because it lacked the necessary elements to process the Stormwater Management Permit application. The following information must be submitted in order to accept the application for review - Please split up the columns on page 2 of the application as follows- one column to demonstrate 25% overall low density within the post -construction drainage area to SA waters; one column to demonstrate 30% overall low density within the post -construction drainage area to non -SA waters; and one column for each of the proposed engineered systems for the designated pockets of high density.. ® Please label the name of the stream that the unnamed tributary for DA #3 drains to. Addifionally, for DA #4, the receiving stream cannot -be the NC 133 road ditch. Please provide the nearest downslope named water body on the application for DA #4. ® Alternative stormwater.measures used within Y2 mile of SA waters may not discharge in response to the design storm. Dry detention basins utilize a combination of infiltration and an orifice to draw down the basin, creating a discharge in response to the design storm. Please either eliminate the dry basins within '/z mile of SA waters, and replace with infiltration systems, or have your consultant state your case for use of dry detention within '/ mile of SA waters in writing for consideration by the Director. I am not able to write a permit for a discharging system within'/2 mile of SA Waters. ® Please provide a separate, original signed Operation and Maintenance plan for each dry detention and/or infiltration system proposed. Please see attached documents. ® Please provide a soils report with the Seasonal High Water Table elevation, soil type, and expected infiltration rate noted. ® The NCDOT roads and right-of-way located within the airport property must be included in the overall density numbers. ® The vast majority of the proposed expansion is located within '/2 mile of SA waters. Can all or a large part of this expansion be relocated to the drainage area that does not drain to SA waters? North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Senrice1-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us NorthCarolina An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper NaturallrY Mr. Ramsey April 19, 2005 Brunswick County Airport Master Plan ® The Master Plan report indicates that the project boundary will be increasing in the future. Is this a certainty? I can't issue an overall low density permit with treatment for the pockets of high density based on a project area that the Airport Commission does not yet have clear title to. Please provide the requested information and return the package to the address below. If you have any questions, please do not hesitate to call me at (910) 395- 3900. Sincerely, ��7C�ClV Linda Lewis Environmental Engineer cc: John Massey, P.E., Talbert & Bright Linda Lewis ENBlarl: S:1WQSlSTORMWATIRETURNIbruncoairportmp.apr05 Ken Pickle, DWQ-Central Office r �/ Page 2of2 t� Mr. Ramsey June 6, 2005 June 6, 2005 Mr. John Ramsey, Chairman Brunswick County Airport Commission 4019 Long Beach Road Oak Island, NC 28461 Subject: Stormwater Management Permit for Brunswick County Airport Master Plan Brunswick County Dear Mr. Ramsey: On April 13, 2005, the Division received an incomplete stormwater permit application for the subject project and returned the application to you on April 19, 2005. The project proposed dry detention for stormwater management, contrary to the stormwater rules governing development within'/2 mile of SA waters. The Division was involved in a meeting (via conference call) conducted on Friday, June 3, 2005, regarding similar issues that were determined to exist at the Brunswick County Airport, namely, identifying pockets of high density and use of alternate stormwater management measures due to FAA requirements. There are a few airports within the Wilmington Regional Office jurisdiction that have received stormwater management permits. They include Albert Ellis Airport in Onslow County, Michael Smith Airport in Carteret County, Ocean Isle Beach Airport in Brunswick County, and Wilmington International Airport in New Hanover County. The Brunswick County Airport was also permitted for an Apron Expansion and a Runway Extension a few years ago. Some of these airports were permitted as high density and one has a wet detention pond. understand that the FAA allows the use of detention or retention ponds if they are a certain distance from aircraft movement areas, or if they include "design modifications" to make them unattractive to wildlife. Your situation is unique in that a large portion of the airport property drains to SA waters.. For those projects within '/z mile of and draining to SA waters, the State stormwater rules require the use of infiltration systems and prohibit the direct discharge of stormwater. Dry detention utilizes an orifice to drain the basin, which creates a discharge. The majority of the new development proposed for the Brunswick County Airport is clustered in the northwest portion, and is within'/2 mile of SA waters. For those parts of the airport that are not within the '/z mile area and do not drain to SA waters, dry detention is an acceptable stormwater management measure. Pagel of 2 Mr. Ramsey June 6, 2005 The engineering report prepared by Talbert & Bright indicates that the soils are classified as Leon fine sand. Subsurface investigations revealed a groundwater elevation 2-4 feet below existing ground. No specific permeability rate was provided, however the report indicates a "moderate to rapid permeability in the subsoil." If the stormwater runoff can utilize sheet flow and grassed swale collection to keep the system fairly shallow, and if space permits, a large, shallow infiltration basin, or series of basins, could be designed for this site. If the permeability rate is moderate, the FAA's requirements to be rid of standing water within 48 hours, and for the basin to be dry between storms, should both be attainable. The Division is willing to work with you on excavating and replacing unsuitable material, bypass requirements and the 2' separation required between the bottom of the basin and the Seasonal High Water Table elevation. Please give me a couple of dates that you, your consultant and your soils consultant can meet at he site. I would like our Regional Soils Scientist, Vincent Lewis, to look at the site. He will verify the soils information at the site and provide the Division with guidance on whether or not an infiltration system is feasible. If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, Linda Lewis Environmental Engineer II ENBlarl: S:IWQSISTORMWATILETTERS120051brunscoairport.jun05 cc: Alan Klimek, P.E., Director, Division of Water Quality Paul Rawls, Section Chief, Division of Water Quality John Massey, Talbert & Bright Linda Lewis Page 2 of 2 N R.- BRUNSWICK COUNTY AIRPORT e Oak Island, NC FINAL REPORT Stormwater Master Plan Dr PREPARED FOR: Brunswick County Airport Commission Oak Island, North Carolina In Cooperation With: NORTH CARO.LINA DEPARTMENT OF TRANSPORTATION DIVISION OF AVIATION BY . Talbert & Bright, Inc. Con'suhas'rts 4810 Stile eg �rtt 2. Wilm igion, Xorth 'carolinal28405 v BRUNSWICK COUNTY AIRPORT Oak Islaiid, NC �"'!lr1511��:liS�ti\\ stormwater Master Plan (D-, e PREPARED FOR: Brunswick County A.i-rport Comiiiission Oak Island, NoAb Carolina In Cooperation With: NORffl CAF OLINA. D.I--PA.RTM1-\TT OF TI-ANSPORTNT:I.ON DNISION OF AVIATION -VRIL _2005 � q l Brunswick County Airport (SUT) Stormwater Master P an Table of Contents ExecutiveSumma............................................................................................ 1 Report I. Purpose................................................................................................. 4 II. Site Description & Proposed Development .......................................... 4 III. Existing Drainage Patterns.................................................................. 8 IV. Proposed Drainage Patterns........................................................ I.,.... 10 V. North Carolina Stormwater Rules ....................................................... 12 VI. Storm Water Management Ordinance for Oak Island, North Carolina and the Stormwater Quality Management and Discharge Control Ordinance of Brunswick County........................................................... 15 VII. Wildlife Hazard Considerations........................................................... 15 VIII. Best Management Practices................................................................ 16 IX. Proposed BMP Design Criteria ............................................................ 17 X. Proposed Stormwater Management Concepts ................................... 19 XI. Methodology ...................................... XII. Implementation of Stormwater Controls ............................................ 23 XIII. Alternative Solutions and Plan Modification ........................................ 23 Figure • Fig. 1 - Vicinity Map • Fig. 2 - Existing Conditions Aerial Photograph • Fig. 3 — Proposed Conditions Aerial Photograph • Fig. 4 — Existing Drainage Areas • Fig. 5 — Proposed Drainage Areas and Basin Layout Fig. b — Proposed Extended Dry Detention Basin Typical Section Appendices A. 15A NCAC 02H.1000 North Carolina Stormwater Rules B. Town of Oak Island Illicit Storm Water Discharge Ordinance C. Stormwater Quality Management and Discharge Control Ordinance of Brunswick County D. FAA A/C 150/5200-33A, "Hazardous Wildlife Attractions on or Near Airports" E. NCDENR Stormwater BMP Manual (Excerpts) F. Summary of Calculations G. Cost Opinions H. Pre -Application Meeting Minutes Technical Appendix (Bound Separately) • Computations s,or f TOG 1 BrunSwlck County Airport (SUT) Stormtivater Master Plan Executive Summary This Stormwater Master Plan has been developed for the Brunswick County Airport, Oak Island, North Carolina. Development of the Plan has been funded by the Federal Aviation Administration (FAA) and North Carolina Division of Aviation. The existing facilities at the Brunswick County Airport consist of a 4300' x 100' runway, two turnaround taxiways, a small pre -fabricated metal terminal building, hangars, an aircraft parking apron, and vehicle parking lots. These facilities are undersized and otherwise inadequate to meet the needs of the more demanding jet and turboprop aircraft using the airport. In accordance with the approved Airport Layout Plan, the airport proposes to construct and modify airport facilities to meet requirements and recommendations set forth by the FAA and N.C. Division of Aviation for business -class general aviation (GA) airports. The Brunswick County Airport Commission proposes the following actions be constructed in two phases: Phase 1 -- 2005 to 2007 Extend runway 1200' to the north to a total length of 5500' • Relocate approximately 5400' of Airport Road to accommodate the runway extension and protected imaginary surfaces for the precision instrument approach Strengthen runway • Install an instrument landing system and establish a precision instrument approach to Runway 23 • Acquire land (Fee -Simple and Easement) for runway extension, road relocation, and precision instrument approach Page-1 1 Brunswick County Airport (SUT) Stormwater Master Plan • Construct additional hangars, apron area, and vehicle parking in the existing east side terminal area until these facilities can be relocated to the west side of the airport in Phase 2. Phase 2 — 2008 and beyond Construct taxiway parallel to and along length of Runway 5-23 • Relocate the terminal area to the west side of the airport and construct a new terminal building, additional hangars, hangar taxiways, aircraft aprons, and vehicle parking • Acquire land (Fee -Simple and Easement) for parallel taxiway and west terminal development These projects combined represent the 20 year development plan for the airport per the approved Airport Layout Plan. At full build out of Phase 2, the impervious surface of the airport facilities will comprise approximately 30% of the total airport property. The Stormwater Master Plan is a tool for planning stormwater management infrastructure in support of anticipated development activities on airport property. Extended dry detention basins and grassed swales are proposed to address the "high density development" stormwater quality requirements of the North Carolina Department of Environmental and Natural Resources (NCDENR) rules for future development at the airport. The extended dry detention basins will also serve to address the peak flow attenuation criteria in .the Brunswick County and Oak Island Storm Water Management Ordinances, and will meet Federal Aviation Administration requirements for minimizing wildlife hazards. The proposed extended dry detention basins will allow positive drainage of airport stormwater associated with future development. The proposed flow to all existing outfall locations will not increase beyond existing conditions for the 1-year 24 hour f H Cl Page-2 J Brunswick County Airport (SUT) Stormwater Master Plan and the 10-year 24 hour storms. There will be no reduction in flow to the unnamed tributary of the Dutchman Creek Outlet Channel on the Southeast side of the airport, as requested by NCDENR. Brunswick County Airport is currently designated as a "Low Density Stormwater Management Area" in the context of the NC Stormwater Management Rules. The existing built -upon area is approximately 24 acres out of approximately 142 total acres, or about 16.9%, well under the applicable 25% upper limit for Low Density projects draining to SA waters and 30% upper limit for projects draining to non -SA waters. The ultimate built -upon area will be approximately 63 acres out of approximately 205 total acres, or about 30.7%. Under these conditions the Airport would become a "High Density Stormwater Management Area". Wildlife hazard issues have been considered in preparation of the Plan. In addition to a careful review of FAA Advisory Circular 150/5200-33A, "Hazardous Wildlife Attractants On or Near Airports," the USDA Wildlife Services has been consulted to interpret the FAA criteria in the context of local conditions. The FAA does not allow the use of wet detention basins on airports, as they serve as wildlife attractants and therefore pose a potential safety hazard to aircraft. Wildlife Services advised that the Advisory Circular guidelines are applicable to the Brunswick County Airport and recommends the use of extended dry detention basins and grassed swales rather than wet detention basins. Extended dry detention basins and grassed swales on airport property are proposed, derived from NCDENR design guides and the requirements of the FAA Wildlife Advisory Circular. Preliminary cost opinions have been prepared for the stormwater management devices. The Plan will be implemented in phases as the proposed improvements are constructed. t�uCi;�e Page-3 Brunswick County Airport (SUT) Stormwater Master Plan I. Purpose This Stormwater Master Plan has been developed for the Brunswick County Airport on behalf of the Brunswick County Airport Commission. The Plan provides guidance on stormwater management infrastructure improvements in support of development projects at the airport. A key objective of the Plan is to address the North Carolina Stormwater Management rules (15A NCAC 02H.1000) administered by the North Carolina Department of Environment and Natural Resources, Division of Water Quality (NCDENR). A copy of these rules is included in Appendix A. The Plan also considers the following: ■ Stormwater Management Ordinance for Oak Island, North Carolina (see Appendix B). • Stormwater Quality Management and Discharge Control Ordinance of Brunswick County (see Appendix C). • FAA Advisory Circular 150/5200-33A, Hazardous Wildlife Attractants On or Near Airports (see Appendix D). The practical application of the Plan is to provide a technical framework for processing future NCDENR stormwater permits for individual development projects on airport property. This Stormwater Master Plan consists of this report, including figures depicting existing conditions and the conceptual design of proposed stormwater infrastructure improvements and a technical appendix containing supporting computations. II. Site Description and Proposed Development The Brunswick County Airport is located in southeastern North Carolina within the mainland limits of the town of Oak Island, North Carolina. Refer to Figure 1. The Page-4 Brunswick County Airport (SUT) Stormwater Master Plan airport is owned and operated by the Brunswick County Airport Commission, created in 1961 by an act of the North Carolina General Assembly. Airport property lies within an area bounded by the Intracoastal Waterway to the south, SR-133 (Long Beach Road SE) to the east and SR-1102 (Airport Road SE) to the north and west. The existing airport property encompasses over 142 acres. This Plan covers the entire existing and future airport property. Various adjoining parcels sharing common hydrology with airport property have been included in the planning efforts. A drawing showing existing conditions and drainage infrastructure on and surrounding airport property is included at half scale under the "Figures" tab of this report. The existing facilities at the Brunswick County Airport consist of a 4300' x 100' runway, two turnaround taxiways, a small pre -fabricated metal terminal building, hangars, an aircraft parking apron, and vehicle parking lots. These facilities are undersized and otherwise inadequate to meet the needs of the more demanding jet and turboprop aircraft using the airport. In accordance with the approved Airport Layout Plan, the airport proposes to construct and modify airport facilities to meet requirements and recommendations set forth by the FAA and N.C. Division of Aviation for business -class general aviation (GA) airports. Soils on airport property are mapped as Leon fine sand in the Brunswick County Soil Survey. Generally, the Leon soils are described as nearly level, poorly drained soil with slow surface runoff and high permeability in the surface layer and moderate to rapid permeability in the subsoil. Soil types are defined to be SP and SP-SM.. Based on subsurface investigations performed for several proposed projects at the Brunswick County Airport, soils encountered were non -Plastic soils with approximately 2" to 6" of topsoil over the sandy soils. Groundwater was generally encountered 2 to 4 feet below the existing ground surface. The open waters of the Intracoastal Waterway are located approximately 950' from the south end of the runway (Runway '5 end). In the vicinity of the airport, the Page-5 Brunswick County Airport (SUT) Stormwater Master Plan Intracoastal Waterway is classified by the N.C. Division of Water Quality as a Class SA Tidal Salt water. The nearest named stream to the airport is Calf Gully Creek, which is located approximately'/z mile north of the end of the runway (Runway 23 end). The creek flows roughly northwest to southeast, and flows through a culvert beneath Long Beach Road to the Dutchman Creek Outlet Channel. In the vicinity of the airport, the creek is bordered by airport land (former Villa Nova Mobile Home Park) on the south and a residential subdivision (Ocean Lakes) on the north. Calf Gully Creek is classified by the N.C. Division of Water Quality as a Class SC Tidal Salt Water. Airport property drains to three receiving waters: the Intracoastal Waterway, an unnamed tributary of the Dutchman Creek Outlet Channel, and Calf Gully Creels, also a tributary of the Dutchman Creek Outlet Channel. Existing airport stormwater infrastructure is predominantly comprised of open channels, with limited pipe culverts under the runway and taxiways. The open channels and pipe culverts are generally in good condition and adequately sized for existing development. In accordance with the approved Airport Layout Plan, the airport proposes to construct and modify airport facilities to meet requirements and recommendations set forth by the Federal Aviation Administration (FAA) and N.C. Division of Aviation for business -class general aviation (GA) airports. Page-6 1 Brunswick County Airport (SUT) Stormwater Master Plan The Brunswick County Airport Commission proposes the following actions be constructed in two phases: Phase 1 — 2005 to 2007 • Extend runway 1200' to the north to a total length of 5500' • Relocate approximately 5400' of Airport Road to accommodate the runway extension and protected imaginary surfaces for the precision instrument approach • Strengthen runway • Install an instrument landing system and establish a precision instrument approach to Runway 23 • Acquire land (Fee -Simple and Easement) for runway extension, road relocation, and precision instrument approach • Construct additional hangars, apron area, and vehicle parking in the existing east side terminal area until these facilities can be relocated to the west side of the airport in Phase 2. Phase 2 — 2008 and beyond • Construct taxiway parallel to and along length of Runway 5-23 • Relocate the terminal area to the west side of the airport and construct a new terminal building, additional hangars, hangar taxiways, aircraft aprons, and vehicle parking • Acquire land (Fee -Simple and Easement) for parallel taxiway and west terminal development Although the relocation of Airport Road in Phase I will be constructed and paid for by the Airport Commission, the roadway and right-of-way will be dedicated to the State of North Carolina for maintenance by the North Carolina Department of Transportation. For the purpose of this master plan the roadway and right-of-way Page-7 BrunSwlck County Airport (S UT) Srormwater Master Plan is not considered airport property and is not considered part of this study. Proposed airport development will require the addition of stormwater basins and improvements. III. Existing Drainage Patterns The airport property is divided into 13 drainage sub -basins, draining to 10 outlet points at which concentrated stormwater is discharged from the airport drainage system. A description of the sub -basins and outlet points follows: Outlet 01 Outlet 01 drains the existing basin A located on the southern end of the Airport property (Runway 5). This basin contains limited impervious surface (runway/taxiway pavement) and large areas of pervious surface (grass). Outlet 01 drains through grass swales to the Intracoastal waterway. Outlet 02 Outlet 02 drains the existing basin B located on the southern end of the Airport property (Runway 5). This basin contains limited impervious surface (runway/taxiway pavement) and large areas of pervious surface (grass). Outlet 02 is in close vicinity to Outlet 01 and also drains through grass swales to the Intracoastal waterway. Outlet 03 Outlet 03 drains the existing basin C located off existing airport property on the Western side of the Airport. This basin contains no impervious surface. Outlet 03 drains through grass swales to the Intracoastal waterway. Outlet 04 Outlet 04 drains the existing basin F located off airport property on the Western Page-8 Brunswick County Airport (SUT) Stormwater Master Pan side of the Airport. This basin contains a very small amount of impervious surface (houses, driveways, etc.) and a portion of the existing Airport Road. Outlet 04 drains through grass swales across airport property into an unnamed tributary to the Dutchman Creek Outlet Channel. Outlet 05 Outlet 05 drains the existing basins D and E. Basin D contains a large amount of impervious surface consisting of the airport apron, taxiway, and runway pavement. Basin E contains limited impervious surface, primarily consisting of existing runway pavement. The remaining area of Basin E is mostly pervious surface. Flows from Outlet 04 drain across Basin E and through Outlet 05. Outlet 05 drains through grass swales to the unnamed tributary to the Dutchman Creek Outlet Channel. Outlet 06 Outlet 06 drains the existing basin G located on the northern end of Runway 23. Basin G contains very limited impervious surface consisting of roof tops, driveways, and a portion of the existing Airport Road. Flows from Outlet 06 mingle with waters from Outlet 05 and drain through grass swales to the unnamed tributary to the Dutchman Creek Outlet Channel. Outlet 07 Outlet 07 drains the existing basin J located off the northern end of Runway 23. Basin J contains very limited impervious surface consisting of roof tops. Outlet 07 flows via overland flow and grass swales to Calf Gully Creek. Outlet 08 Outlet 08 drains the existing basin M located off the northeastern end of Runway 23. Basin M contains very limited impervious surface consisting of roof tops and a small portion of Long Beach Road. Outlet 08 flows into the roadside ditches along Long Beach Road and into Calf Gully Creek. Page-9 l J Brunswick County Airport (SUT) Stormwater Master Plan Outlet 09 Outlet 09 drains the existing basin I located off the Northeastern end of Runway 23. Basin I contains very limited impervious surface consisting of roof tops and a portion of Long Beach Road. Outlet 09 flows into the roadside ditches along Long Beach Road and into Calf Gully Creek. Outlet 010 Outlet 010 drains the existing basin L, which has been further divided into sub - basins, L1, L2 and L3 located on the Eastern side of the airport. Basin L contains impervious surface consisting of hangars, hangar taxiways, the terminal building, some apron, roadways, and parking lots. Outlet 010 flows into the roadside ditches along Long Beach Road and into the Intracoastal Waterway. Existing drainage basins H and K are in low lying areas and drain by means of infiltration; they have little or no impervious surfaces. IV. Proposed Drainage Patterns Upon full build -out of the 20-year improvement plan, the airport property will have 16 drainage sub -basins, draining to 10 points at which concentrated stormwater is discharged from the airport drainage system. A description of the sub -basins and outlet points follows: Outlet 01 Outlet 01 drains the proposed basins A and. L1. These basins contain impervious surface for the existing runway (Runway 5 end), hangars, and hangar taxiways. Outlet 01 drains through grass swales to the Intracoastal waterway. Outlet 02 Outlet 02 drains the proposed basin B located west of Runway 5-23. This basin contains impervious surface for the existing runway (Runway 5 end), proposed Page-10 Bruns wick County Airport (SUT) Stormwater Master Plan taxiway pavement, and most of the proposed West Side Terminal Development. Outlet 02 is in close proximity to Outlet 01 and also drains through grass swales to the Intracoastal waterway. Outlet 03 Outlet 03 is not utilized in the proposed development plan. Outlet 04 Outlet 04 drains the proposed basin H. This basin contains existing impervious surfaces (houses, driveways, etc.) off airport property and a large portion of the proposed Airport Road. Outlet 04 drains through a pipe network and grass swales across airport property into an unnamed tributary to the Dutchman Creek Outlet Channel. Outlet 05 Outlet 05 drains the proposed basins D, D1, E, C, G, and F. Basin D contains impervious surface consisting of the existing airport apron, taxiway, and runway pavement. Basin D1 contains impervious surface consisting of a proposed hangar and apron pavement. Basin E contains impervious surface consisting of existing runway and taxiway pavement. Basin C contains impervious surface consisting of the existing runway pavement, proposed taxiway pavement and portions of the proposed West Side Terminal Development. Basin G contains impervious surface consisting of the proposed runway extension and taxiway pavement. Basin F contains impervious surface consisting of the proposed runway extension pavement. Outlet 05 drains through grass swales to the unnamed tributary to the Dutchman Creek Outlet Channel. Outlet 06 Outlet 06 is not utilized in the proposed development plan. Outlets 07, 08, and 09 Page-11 Brunswick County Airport (SUT) or Stormwater Master Plan + �r Basins served by outlets 07, 08, and 09 experience a net decrease in size and in impervious surfaces in the proposed development plan. Outlet 010 Outlet 010 drains the proposed basins L2 and L3 located on the eastern side of the airport. Basins L2 and L3 consist of existing hangars, hangar taxiways, the terminal building, some apron, roadways, and parking lots. Basins L2 and L3 also contain impervious surface consisting of proposed hangars and possible non - aviation commercial applications. Outlet 010 flows into the roadside ditches along Long Beach Road and into the Intracoastal Waterway. V. North Carolina Stormwater Rules The North Carolina Stormwater Rules are codified at 15A NCAC 02H.1000 and are administered by the North Carolina Department of Environment and Natural Resources, Division of Water Quality (NCDENR). The rules originally went into effect on January 1, 1988, and were amended in 1995. The rules require a stormwater permit for any development activity within a coastal county which requires a CAMA major development permit or a Sedimentation/Erosion Control Plan (required for land disturbances of one acre or more). Development is defined as any land disturbing activity which increases the amount of built -upon area (i.e., pavement, gravel roads, roof tops) or which otherwise decreases the infiltration of precipitation into the soil. The southern portion of the Brunswick County Airport drains to the Intracoastal Waterway and the northern portion drains to Calf Gully Creek and an unnamed tributary of the Dutchman Creek Outlet Channel. The Intracoastal Waterway and is classified as "SA; HQW" (Market Shellfishing, Salt Water, High Quality Waters). The classification as "SA" (Market Shellfishing, Salt Water) requires the adherence to the requirements of 15A NCAC 02H.1005 (2). The remainder of the airport, draining to non -SA waters requires the adherence to 15A NCAC 02H.1005 (3). Page-12 i Brunswick County Airport (SUT) Stormwater Master Plan Under these paragraphs, "High Density" projects (i.e., projects for which structural stormwater controls are required) are defined as developments having a built -upon area of 25 percent or more for "SA" waters and 30 percent or more for "Non -SA" waters. Section 15A NCAC 2H.1005 (2)(b) of the stormwater regulations indicates that "High Density" projects draining to SA waters shall meet the following: 1. "no direct outlet channels or pipes to SA waters unless permitted in accordance with 15A NCAC 2H.0126; 2. control systems must be infiltration systems designed in accordance with Rule .1008 of this section to control the runoff from all surfaces generated by one and one-half inches of rainfall. Alternatives as described in Rule .1008(h) of this Section may also be approved if they do not discharge to surface waters in response to the design storm; 3. runoff in excess of the design volume must flow overland through a vegetative filter designed in accordance with Rule .1008 of this Section with a minimum length of 50 feet measured from mean high water of SA waters." Section 15A NCAC 2H.1005 (3)(b) of the stormwater regulations indicates that "High Density" projects draining to Non -SA waters shall meet the following: 1. "control systems must be infiltration systems, wet detention ponds or alternative stormwater management systems designed in accordance with Rule .1008 of this Section; 2. control systems must be designed to control runoff from all surfaces generated by one inch of rainfall." For all areas draining to Non -SA waters, the proposed stormwater controls will meet the requirements of Section 15A NCAC 2H.1005 (3)(b) as discussed in Section C Page-13 Brunswick County Airport (SUT) m, Stormwater Master Plan LAB VIII of this report. In order to meet FAA requirements that prohibit the use of wet detention basins l (see section VII), the use of alternative stormwater management system described under Section 15A NCAC 2H.1008 (h) of the stormwater regulations is proposed in this stormwater master plan. This section of the regulations indicates that: "stormwater management systems consisting of other control options shall only be given in cases where the applicant can demonstrate that the Alternative Design Criteria shall provide equal or better stormwater control, equal or better protection of waters of the state and result in no increased potential for nuisance conditions. The criteria for approval shall be that the stormwater management system shall provide for 85 percent average annual removal of Total Suspended Solids and that the discharge rate from the system meets one of the following: 1. the discharge rate following the one -inch design storm shall be such that the runoff volume draws down to the pre -storm design stage within five days, but not less than two days; or 2. the post development discharge rate shall be no larger than predevelopment discharge rate for the one year 24 hour storm." For all areas draining to SA waters, an alternative stormwater management system is proposed which will meet the requirements of Section 15A NCAC 2H.1008 (h) as discussed in Section VIII of this report. For the purposes of this Stormwater Master Plan, the proposed airport development has been designated as a "High Density Stormwater Management Area." The "High Density Stormwater Management Area" comprises approximately 205 acres, of which approximately 63 acres or 30.7% is built -upon. All runoff from paved surfaces will flow across wide strips of well established turf and vegetative swales prior to entering alternative stormwater management systems before being Page-14 1 Brunswick County Airport (SUT) Stormwater Master Plan discharged through vegetated swales to SA and non -SA waters. VI. Stormwater Management Ordinance for Oak Island, North Carolina and the Stormwater Quality Management and Discharge Control Ordinance of Brunswick County Copies of these stormwater ordinances are included as Appendix B and Appendix C. The Oak Island ordinance requires peak flow attenuation for new development such that peak flow rates for post -development conditions do not exceed peak flow rates for pre -development conditions (no design storm specified), the first one and a half inches of rainfall from impervious surfaces be captured and infiltrated into soil, and runoff is routed through vegetated swales and not piped directly into water bodies. In a meeting with the Town of Oak Island on March 11, 2005, the proposed Stormwater Master Plan concept was presented, and the Town concurred with the stormwater management concepts as presented herein. The Brunswick County ordinance requires peak flow attenuation such that there is no more than a five percent increase between pre -development conditions and post -development conditions for the 10-year, 24 hour storm, there is no net increase in the peak discharge between pre -development conditions and post - development conditions for the 1-year, 24 hour storm, and that pollutant removal calculations be submitted with management plans for each individual project. VII. Wildlife Hazard Considerations Wildlife activity on and in the vicinity of airports presents a serious hazard to aviation safety. On May 1, 1997, the Federal Aviation Administration (FAA) issued Advisory Circular No. 150/5200-33, "Hazardous Wildlife Attractants On Or Near Airports," (the 'Wildlife AC'�. A revision of this document (150/5200-33A) was issued by the FAA on July 27, 2004. A copy of the current AC is included in Appendix D. Page-15 Brunswick County Airport (SUT) Stormwater Master Plan r JVc■ The Wildlife AC provides guidance on the design of stormwater detention basins on airports. Specifically, the AC stipulates the use of steep -sided, narrow, linearly shaped (dry) detention basins with a maximum detention time of 48 hours for the design storm. Wet detention basins are not allowed. The Wildlife AC was developed by FAA from a nation-wide perspective. During development of this Stormwater Master Plan, the wildlife hazard issue relative to stormwater BMP design was recognized as a key issue in development of the Plan. It was considered prudent to review wildlife concerns from a local, site specific perspective as well as in the nation-wide context of the Wildlife AC. The United States Department of Agriculture, Wildlife Services, provided this local perspective based on previous site visits to the Brunswick County Airports and discussions with Talbert & Bright. Wildlife Services strongly recommends the avoidance of wet detention basins on and in the vicinity of the airport, consistent with the recommendation of the Wildlife AC issued by the FAA. V111. Best Management Practices Most large development projects in coastal southeastern North Carolina utilize wet detention basins as the primary stormwater BMP. As discussed above, FAA does not allow the use of wet detention basins on airports. The proposed alternative stormwater management system will include use of extended dry detention basins in combination with grassed swales needed to meet the required 85% pollutant removal efficiency stipulated under North Carolina stormwater rules. NCDENR has assigned a removal efficiency of 50% to the extended dry detention BMP and 35% to the grassed swale BMP. The extended dry detention basins will also serve to meet the peak discharge attenuation requirements of the Oak Island and Brunswick County Stormwater Ordinances, and will meet FAA requirements. Wet detention basins, extended detention wetlands, pocket wetlands, bioretention Page-16 Brunswick County Airport (SUT) Stormwater Master Plan areas, infiltration devices, and other BMPs which involve a permanent pool of open water, water quality draw -down times exceeding 48 hours, and/or artificial wetland type conditions will be excluded from consideration at the Brunswick County Airport. These BMPs are generally expected to create conditions that attract wildlife species which are hazardous to aviation. In accordance with FAA requirements as codified in the Wildlife AC, creation of these potential attractants of hazardous wildlife must be avoided. The alternative stormwater management system that is proposed (extended dry detention and grass swales) will provide water quality of stormwater runoff equal to or better than current stormwater runoff from Airport property; other than vegetated ditches, no controls are currently in place to treat stormwater draining to the SA waters since the airport is now considered a "Low Density" development. The proposed alternative system will provide treatment of the first one and one- half inch of rainfall and will allow it to be released from the basin over a period of 48 hours. The basin will also provide peak flow attenuation for the two year and ten year 24 hour storm events as required by the Town of Oak Island and per NCDENR requirements for the alternative design criteria. Every attempt has been made to drain stormwater towards outlets that do not drain directly to SA waters. However, for proposed basin B site topography dictates that stormwater flow through the proposed BMP stormwater controls to the Intracoastal Waterway at outlet 02. IX., Proposed BMP Design Criteria Design criteria specific to the Brunswick County Airport have been developed for extended dry detention basins and grass swales. The criteria are based on the requirements set forth in the North Carolina Stormwater Rules, guidance in the NCDENR Stormwater BMP Manual (see Appendix E), the requirements of the Oak Island and Brunswick County Stormwater Management Ordinance and the Page-17 1 J Brunswick County Airport (SUT) " Stormwater Master Plan requirements of FAA AC 150/5200-33A, "Hazardous Wildlife Attractions on or Near Airports". The following is a list of criteria developed using the previously mentioned documents: Extended Dry Basins 1. The basin should be steep -sided, narrow, and linearly -shaped. 2. Basin shall not provide an open permanent pool. 3. Basin shall capture the runoff from a 1.5" rainfall and release over a period of 48 hours. 4. Basin shall provide sediment storage in the lower levels of the basin amounting to 20% of the 1.5" rainfall event runoff volume. 5. Basin shall provide for peak flow attenuation above the 1.5" storm storage, in accordance with the Oak Island and Brunswick County Stormwater Management Ordinances. 6. Provide a minimum flow length -to -basin width ratio of 3:1 7. Provide side slopes in the range of 3:1 to 4:1 (horizontal: vertical). 8. Slope basin bottom at a 2% preferred and 1% minimum grade toward low flow channel consisting of a 1' deep, 2' wide bottom trapezoidal channel. 9. Install outlet structure with a trash rack on the inlet to the structure. 10. Heavy equipment access for clean -out and maintenance will be provided. 11. Provide for seeding the basin bottom side slopes and berms with common Bermuda grass or other appropriate mix. Seed mixture shall not contain any form of millet, rye grass or other large seed producing grasses. 12. Stabilize the basin within 14 days of construction completion. 13. To the extent possible, position the bottom of the basin above the seasonal . high water table. Grassed Swales 1. Swales will typically be located upstream and downstream of extended dry detention basins. 2. Provide a 0.2% minimum to 4.0% maximum longitudinal slope. Page-18 Brunswick County Airport (SUT) Stormwater Master Plan 3. Provide side slopes no steeper than 3:1 (horizontal: vertical) with 5:1 preferred. The swale cross section should be triangular or parabolic. 4. To the extent possible, swale bottom should be located above the seasonal high water table. 5. Swales should be designed for ready mowing with standard mowing equipment. b. Flow velocity should be limited to 2 feet per second for the 2-year design flow and a non -erosive velocity for the 10-year design flow. 7. Provide for seeding the swale with common Bermuda grass or other appropriate mix. Seed mixture shall not contain any form of millet, rye grass or other large seed producing grasses. 8. Stabilize the swale within 14 days of construction completion. X. Proposed Stormwater Management Concept For this master plan, stormwater is detained and treated locally at each project site and then conveyed off airport property by use of grassed swales. To serve expansion and improvement projects at the Brunswick County Airport, extended dry detention basin conceptual design has been completed for each drainage area on airport property that will have an increase in impervious surface beyond existing levels. Additional off -site runoff from the relocated Airport Road and other drainage areas currently draining across airport property, will be collected and piped across airport property and distributed to receiving waters through grassed swales. Individual extended dry detention basins have been sized using the proposed development plan. An outlet control structure will be constructed in each basin to control flow into the receiving waters. A low flow channel will be constructed in the bottom of all basins to help maintain a dry basin bottom as required by the Wildlife AC and to facilitate maintenance. All dry detention basins will be designed to treat the runoff from a 1.5" rainfall event, along with attenuation of the peak flow leaving the airport property for the 1-year Page-19 Brunswick County Airport (SUT) stormwater Master Plan and 10-year storm events. Computations are included in the technical appendix. Some basins will serve multiple future projects and may be constructed in phases to treat the runoff produced by the applicable project. For example, for basins serving the runway extension and the parallel taxiway, construction of the portion of basin needed to service the first phase (runway extension) will be constructed concurrent with the runway extension. The remainder of the basin would then be constructed when the second phase project (parallel taxiway) is constructed. The stormwater control concepts included and depicted in this Plan have been developed to the conceptual design level only. Final design, supported by topographic survey and subsurface exploration efforts must be undertaken for all facilities prior to construction. Cost Opinions for Stormwater Management Concepts Preliminary cost opinions have been developed for the stormwater management concepts developed for the Airport. These cost opinions are intended solely as budgetary planning tools. More detailed cost opinions should be developed for individual system components during the project design development process to verify budgetary considerations. Page-20 Brunswick County Airport (SUT) Stormwater Master Plan Cost Opinion Project Associated Stormwater Construction (Stormwater Improvements) Phase 1 — 2005 to 2007 Extend Runway 1200' (Total Basin P-F, Portion of Basin P-G1, and $152,000 Length 5500') stormwater controls Relocate 5400' of Airport Road Culverts Under Airport Road $15,000 Strengthen Runway Not Applicable $0 Install Instrument Landing Not Applicable $0 System East Terminal Hangar and Apron Basin D1 and Stormwater controls $31,000 Construction - North East Terminal Hangar Basin L1 and stormwater controls $57,500 Construction - South Hangar Construction and Basin L2 and stormwater controls $41,600 Commercial Development - East Hangar Construction and Basin L3 and stormwater controls $27,600 Commercial Development - East Phase 2 — 2008 and beyond Portions of Basins P-B1, P-Cl, P-G1, Construct Parallel Taxiway $376,000 and stormwater controls West Side Terminal Area Portions of Basins P-B1 and B2, P-Cl, $436,000 Development C2, and stormwater controls As shown, construction of infrastructure improvements is expected to be phased to spread implementation costs over a period of time as development progresses. Stormwater construction is anticipated to be funded by FAA Airport Improvements Program block grants from the NC Division of Aviation (90%) and by the airport sponsors (10%). Page-21 Brunswick County Airport (SUT) b Stormwater Master Plan XI. Methodology The SCS unit hydrograph method has been used for project hydrology, implemented using PonclPack software from Haestad Methods, Inc. CN and time of concentration data were developed using SCS TR-55 methods. The hydrologic soil groups for the various soil units on the airport were taken from the Appendix A listing of TR-55. The SCS soil map for Brunswick County was used to identify soil units. For soils with multiple hydrologic soil groups, the lowest (most well drained) group was used. The SCS type III 24-hour rainfall distribution was used. FHWA pipe culvert hydraulic data and standard weir and orifice hydraulic methods were employed. Pipeline hydraulic grade lines were computed using StormCad software, also from Haestad Methods, Inc. For extended dry detention basin design, the runoff volume for the one inch rainfall event was estimated using the Schueler equation: Rv=.009(I)+.05 When multiplied by 1.5 the Schueler equation yields the estimated 1.5 inch rainfall. The required 20% sediment storage was computed based on this volume, and was assumed to occupy the lowest level of the basin on either side of the low flow channel. For the PondPack model, the pond storage volume begins at the top of the water quality storage volume. A dewatering device was sized to drain the runoff volume generated from the first 1.5" rain falling on all surfaces in approximately ' 48-hours (this detention time is consistent with the minimum required to meet NCDENR criteria and the maximum consistent with FAA requirements for minimizing wildlife hazards. Reservoir routings were completed for 1-year and 10-year rainfall events in order to size the peak attenuation storage, outlet structures, and confirm pre- versus post -development peak discharge control. Summary of calculations for each drainage area are included in Appendix F. Page-22 Brunswick County Airport (SUT) Stormwater Master Plan XII. Implementation of Stormwater Controls Stormwater controls will be implemented on an incremental basis as airport development involving a net increase in built -upon area occurs. It is not the intent of the Airport Commission to implement BMP's to serve areas that are already developed as of the date of this Plan, nor for redevelopment of such areas (to the extent that such redevelopment does not result in a net increase in impervious surfacing). Where runoff from existing impervious areas can be segregated from runoff from new airport impervious surface, only runoff from the new impervious surface will be treated with an extended dry detention basins. Although the relocation of Airport Road in Phase I will be constructed and paid for by the Airport Commission, the roadway and right-of-way will become the property of the North Carolina Department of Transportation. For the purpose of this f master plan the roadway and right-of-way is not considered airport property and is not considered part of this study. XIII. Alternative Solutions and Plan Modification This Plan has been developed based on analysis, study and consultation with airport staff. It presents workable solutions to the long term storm water management needs of the airport. The plan is conceptual in nature. Implementation of the Plan will depend in large part on the exact nature, magnitude and sequence of development projects which move forward, and on funding resources which become available for construction of stormwater improvements. Nothing in this plan is intended to limit or restrict the airport or its current or prospective tenants with respect to pursuing alternative or modified stormwater management solutions in various locations. Page-23 •� �s � / tit 1'cl nr• '•'� Y 34 J. ao ° Sub Lai • - .ice' _. - �' I . � .- "•T. � ��� .y `; ' /` O i -.� Oa odd. nn`I •. �s Air io ortoad� Brunswick County South arbv ry F�0 i„: Airport Village LL / / Barn es\ 1 - 7 - - - � _ w � � a � Bluff \,� f `'�• f J�: o � _ � o J •WAURWAY•� 4RP +ntracoastal Wa rway � •- - - LONG $EACI[�-•- - i •� - -- � � -- - ... may-^,. �' .-, _. eh - a - • i •t E� i• _ _ � � � Kai. �, ..� -+. - sit _Golf Course Saw ssf Atlantic Ocean — - Brunswick County Airport Location FIGURE 1 �i E A tiT �9 �o 9S T9 LEGEND EXISTING PAVEMENT EXISTING HANGAR/BUILDING EXISTING WATERSHED — r EXISTING AIRPORT PROPERTY BOUNDARY E—A EXISTING DRAINAGE SUB —BASIN 01 OUTLET " s s y -S x • •# • ,r At E -- i s r* [ T 1 TTTTTT TTTT TTTTTT L� _ . _. .. -c LONG BEACH ROAD r _ �A r ''�*• e. I- + 444" Q ry. 40 T, 40 r i EXISTING STORMWATER CONDITIONS 41 STORMWATER MASTERPLAN for THE BRUNSWICK COUNTY AIRPORT r OAK ISLAND, NORTH CAROLINA AP R I I, 2005 300 150 0 150 300 600 scue nr rEEr 411 1'- 300 Talbert & Bright Inc. 4810 Shelley Drive Wilmington, NC 28405 910-763-5350 r 40 0,9 S� �9 9� LEGEND ii a . "r. r ` " • P A EXISTING PAVEMENT EXISTING HANGAR/BUILDING FUTURE PAVEMENT f FUTURE HANGAR/BUILDING FUTURE WATERSHED FUTURE DRY DETENTION BASIN FUTURE STORM DRAIN OUTLET PIPE i FUTURE AIRPORT PROPERTY BOUNDARY P—A PROPOSED DRAINAGE SUB -BASIN 01 OUTLET 4 .-Aa� "a +1 . 1w *`�► Ac- P—C - - - r • j Q � Ilk 1 LONG BEACH ROAD w.. p Lv* . fir. - d1 � "•t PROPOSED STORMWATER MANAGEMENT CONCEPT STORMWATER MASTERPLAN for THE BRUNSWICK COUNTY AIRPORT `' • OAK ISLAND, NORTH CAROLINA v ' AP RI L 2005 300 'S° 0 '� '°° 600 KALE N FEET ._ 3. a d 02 a 03 a LEGEND EXISTING PAVEMENT EXISTING HANGAR/BUILDING EXISTING WATERSHED - - — EXISTING AIRPORT PROPERTY BOUNDARY E—A EXISTING DRAINAGE SUB -BASIN rJ} 01 OUTLET C l d a E—A ° E—L1 M o� - o 0 ' a E—F o o p 1 V 1 ED lUi 1 5 UUU / i Q E— (( + �� � o l-�'1 • pp o � E--G- n q E o� . %E— o 1 - E—D 05 06 o Q EXISTING STORMWATER CONDITIONS STORMWATER MASTERPLAN for THE BRUNSWICK COUNTY AIRPORT OAK ISLAND, NORTH CAROLINA APRIL 2005 309 150 0 150 300 600 4 SCALE 1N FEET 1•=. Talbert & Bright Inc. 4810 Shelley hive Wilmington, NC Z8405 910-763-5 350 B 0 0 �.n _ _ _ _ _ _ _ _ _ _ — _ 02/031 LEGEND EXISTING PAVEMENT EXISTING HANGAR/BUILDING FUTURE PAVEMENT FUTURE HANGAR/BUILDING FUTURE WATERSHED FUTURE DRY DETENTION BASIN FUTURE STORM DRAIN OUTLET PIPE - -� - FUTURE AIRPORT PROPERTY 80UNDARY P—A PROPOSED DRAINAGE SUB -BASIN 01 OUTLET ITS 0 P—A d / Q O � O P .- H v P — C d P—D Sr T T T T T T T T T T T T T T T T T 1 1 1 1 1 P—L3-1 .;"M� all ' r r 1► � 1 —G P—K PROPOSED STQRMWATER MANAGEMENT CONCEPT STORMWATER MASTERPLAN for THE BRUNSWICK COUNTY AIRPORT OAK ISLAND, NORTH CAROLINA APRIL 2005 300 1w 0 l50 300 600 SCALE IN FEET I— 3 ' Talbert & Bright Inc. 4810 Shelley Drive Wilmington, NC 28Q5 910-763-57350 (�BI WIER/ORIFICE OPENING GRATE TOP TO PASS THE TO PASS THE 10-YEAR 24HR WSE 1 YEAR - 24HR STORM 10 YEAR - 24HR STORM 4.IS I-YEAR24HRWSE -- ------------------------- --- S�ESLOpE mE SLOPE 1.5" RAINFALL WSE LOW FLOW CHANNEL EXTENDED DRY DETENTION BASIN PROFILE AT END OF BASIN `— OUTLET STRUCTURE ORIFICE PLATE TO PASS THE FIRST 1.5" OF RAINFALL OVER 48 HOURS I O-YEAR 24HR WSE 4; I -YEAR 24HR WSE IDE Si-p E 4.1 SYDE SL 1.5" RAINFALL WSE I % CROSS SLOPE ^ ' _ I %CROSS SLOPE SILTATION LEVEL 1 2, (20% OF 1.5" RAINFALL) LOW FLOW CHANNEL EXTENDED DRY DETENTION BASIN TYPICAL SECTION C6-7 OUTLET PIPE OF Talbert & Bright Inc, 4810 Shelley Drive Wilmington, NC 28405 910-763-5350 4 BI ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 SECTION .1000 - STOILMWATER MANAGEMENT 15A NCAC 02H .1001 STORMWATER MANAGEMENT POLICY The rules in this Section set forth the requirements for application and issuance of permits for stormwater management systems in accordance with G.S. 143-215.1(d) and 15A NCAC 211.0200. These requirements to control pollutants associated with stormwater runoff apply to development of land for residential, commercial, industrial, or institutional use but do not apply to land management activities associated with agriculture or silviculture unless specifically addressed in special supplemental classifications and management strategies adopted by the Commission. History Note: Authority G.S. 143-214.1; 143-214.7,' 143-215.3(a)(1); Ef. . January 1, 1988; Amended Eff. September 1, 1995. 15A NCAC 02H .1002 DEFINITIONS The definition of any word or phrase in this Section shall be the same as given in Article 2I , Chapter 143 of the General Statutes of North Carolina, as amended. ' Other words and phrases used in this Section are defined as follows: (1) "Built -upon Area" means that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads and parking areas, recreation facilities (e.g., tennis courts), etc. (Note: Wooden slatted decks ` and the water area of a swimming pool are considered pervious). (2) "CAMA Major Development Permits" mean those permits or revised permits required by the Coastal Resources Commission according to 15A NCAC 7I Sections .0100 and .0200. (3) "Certificate of Stormwater Compliance" means the approval for activities that meet the requirements for coverage under a stormwater general permit for development activities that are regulated by this Section. (4) "Coastal Counties" include Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington- (5) "Curb Outlet System" means curb and gutter installed in a development which meets low density criteria [Rule .1003(d)(1) of this Section) with breaks in the curb or other outlets used to convey stormwater runoff to grassed swales or vegetated or natural areas and designed in accordance with Rule .I008(g) of this Section. (6) "Development" means any land disturbing activity which increases the amount of - built -upon area or which otherwise decreases the infiltration of precipitation into the soil. (7 = "Drainage--Areayor Watershed"-- means the -entire area contributing surface runoff to -a, -- single point. (8) "Forebay" means a device located at the head of a wet detention pond to capture incoming sediment before it reaches the main portion of the pond. The forebay is typically an excavated settling basin or a section separated by a low weir. (9) "General Permit" means a "permit" issued under G.S. 143-215.1(b)(3) and (4) authorizing a category of similar activities or discharges. (10) "Infiltration Systems" mean stormwater control systems designed to allow runoff to pass or move (infiltrate/enfiltrate) into the soil. (11) "Notice of Intent" ,means a written notification to the Division that an activity or discharge is intended to be covered by a general permit and takes the place of "application" used with individual permits. „ (12) "Off -site Stormwater Systems" mean stormwater management systems that are located outside the boundaries of the specific project in question, but designed to control stormwater drainage from that project and other potential development sites. These systems shall designate responsible parties for operation and maintenance and may be owned and operated as a duly licensed utility or by a local government. NORTH CAROLINAADMMSTRATIVE CODE Effeefi e.Decerubertl, >E:Q9 Page 1 of 13 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 (13) "On -site Stormwater Systems" mean the systems necessary to control stormwater within an individual development project and located within the project boundaries. (14) "Redevelopment" means any rebuilding activity which has no net increase in built -upon area or which provides equal or greater stormwater control than the previous development (stormwater controls shall not be allowed where otherwise prohibited). (15) "Seasonal High Water Table" means the highest level that groundwater, at atmospheric pressure, reaches in the soil in most years. The seasonal high water table is usually detected by the mottling of the soil that results from mineral leaching. (16) "Sedimentation/Erosion Control Plan" means any plan, amended plan or revision to an approved plan submitted to the Division of Land Resources or delegated authority in accordance with G.S. 113A-57. (17) "Stormwater" is defined in G.S. 143, Article 21. (18) "Stormwater Collection System" means any conduit, pipe, channel, curb or gutter for the primary purpose of transporting (not treating) runoff. A stormwater collection system does not include vegetated swales, swales stabilized with armoring or alternative methods where natural topography or other physical constraints prevents the use of vegetated swales (subject to case -by -case review), curb outlet systems, or pipes used to cant' drainage underneath built -upon surfaces that are associated with development controlled by the provisions of Rule .1003(d)(1) in this Section. (19) "10 Year Storm" means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 10 years, and of a duration which will produce the maximum peals rate of runoff, for the watershed of interest under average antecedent wetness conditions. (20) "Water Dependent Structures" means a structure for which the use requires access or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and boat storage areas are not water dependent uses. (21) "Wet Detention Pond" means a structure that provides for the storage and control of runoff and includes a designed and maintained permanent pool volume. (22) "Vegetative Buffer" means an area of natural or established vegetation directly adjacent to surface waters through which stormwater runoff flows in a diffuse manner to protect surface waters from degradation due to development activities. The width of the buffer is measured horizontally from the normal pool elevation of impounded structures, from the bank of each side of streams or rivers, and from the mean high water line of tidal waters, perpendicular to the shoreline. (23) "Vegetative Filter" means an area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that runoff does not become channelized and which provides for control of stormwater runoff through infiltration of runoff and filtering of.pollutants.. The defined -length of the filter shall _be provided,for- in the direction of stormwater flow. History Note: Authority G.S. 143-213; 143-214.1; 143-214.7, 143-215.3(a)(1); E,f`: January 1, 1988; Amended Eff. December], 1995; September 1, 1995. 15A NCAC 02H .1003 STORMWATER MANAGEMENT: COVERAGE: APPLICATION: FEES (a) The intent -of the Commission is to achieve the water quality protection which low density development near sensitive waters provides. To that end, the Director, by applying the standards in this Section shall cause development to comply with the antidegradation requirements specified in 15A NCAC 2B .0201 by protecting surface waters and highly productive aquatic resources from the adverse impacts of uncontrolled high density development or the potential failure of stormwater control measures. (b) To ensure the protection of surface waters of the State in accordance with G.S. 143-214.7, a permit is required in accordance with the provisions of this Section for any development activities which require a CAMA major development permit or a Sedimentation/Erosion Control Plan and which meet any of the following criteria: NORTH CAROLINA ADMINISTRATIVE CODE E ffec ve. Decambern1;199' Page 2 of 13 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 0.2H.1000 (1) development activities located in the 20 coastal counties as defined in Rule .1002(4) of this Section; (2) development activities draining to Outstanding Resource Waters (ORW) as defined in 15A NCAC 2B .0225; or (3) development activities within one mile of and draining to High Quality Waters (HQW) as defined in 15A NCAC 213.0101(e)(5). Projects under a common plan of development shall be considered as a single project and shall require stormwater management in accordance with this Section. Local governments with delegated Sedimenta- tion/Erosion Control Programs often implement more stringent standards in the form of lower thresholds for land area disturbed. In these situations, the requirements of this Rule apply only to those projects that exceed the state's minimum area of disturbance as outlined in G.S. 113A-57. Specific permitting options, including general permits for some activities, are outlined in Paragraph (d) of this Rule. (c) Development activity with a CAMA major development permit or a Sedimentation/Erosion Control Plan approved prior to January 1, 1988 are not required to meet the provisions of these Rules unless changes are made to the project which require modifications to these approvals after January 1, 1988. (d) Projects subject to the permitting requirements of this Section may be permitted under the following stormwater management options: (1) Low Density Projects: Projects permitted as low density projects must be designed to meet and maintain the applicable low density requirements specified in Rules .1005 through .1007 of this Section. The Division shall review project plans and assure that density levels meet the applicable low density requirements. The permit shall require recorded deed restrictions and protective covenants to ensure development activities maintain the development consistent with the plans and specifications approved by the Division. (2) High Density Projects: Projects permitted as high density projects must be designed to meet the applicable high density requirements specified in Rules .1005 through .1007 of this Section with stormwater control measures designed, operated and maintained in accordance with the provisions of this Section. The permit shall require recorded deed restrictions and protective covenants to ensure development activities maintain the development consistent with the plans and specifications approved by the Division. Stormwater control measures and operation and maintenance plans developed in accordance with Rule .1008 of this Section must be approved by the Division. In addition, NPDES permits for stormwater point sources may be required according to the provisions of 15A NCAC 2H .0126. (3) Other Projects: Development may also be permitted on a case -by -case basis if the project: (A) controls runoff through an off -site stormwater system meeting provisions of this Section; --- (B) is redevelopment which meets the requirements of this SectionAo the -maximum extent practicable; (C) otherwise meets the provisions of this Section and has water dependent structures, public roads and public bridges which minimize built -upon surfaces, divert stormwater away from surface waters as much as possible and employ other best management practices to minimize water quality impacts. (4) Director's Certification: Projects may be approved on a case -by -case basis if the project is certified by the Director that the site is situated such that water quality standards and uses are not threatened and the developer demonstrates that: (A) the development plans and specifications indicate stormwater control measures which shall be installed in lieu of the requirements of this Rule; or (B) the development is located such a distance from surface waters that impacts from pollutants present in stormwater from the site shall be effectively mitigated. (5) General Permits: Projects may apply for permit coverage under general permits for . , specific types of activities. The Division shall develop general permits for these activities in accordance with Rule .1013 of this Section. General Permit coverage shall be available to activities including, but not limited to: NORM !AROLINA ADMINISTRATIVE CODE kffe_c_fl_Ye�Decemher�lt 799 Page 3 of 13 L. ENR ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 (A) construction of bulkheads and boat ramps; (B) installation of sewer lines with no proposed built -upon areas; (C) construction of an individual single family residence; and (D) other activities that, in the opinion of the Director, meet the criteria in Rule .1013 of this Section. Development designed to meet the requirements in Subparagraphs (d)(1) and (d)(3) of this Paragraph trust demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. (e) Applications: Any person with development activity meeting the criteria of Paragraph (b) of this Rule shall apply for permit coverage through the Division. Previously issued Stormwater Certifications (issued in accordance with stormwater management rules effective prior to September 1, 1995) revoked due to certification violations must apply for permit coverage. Stormwater management permit applications, project plans, supporting information and processing fees shall be submitted to the appropriate Division of Environmental Management regional office. A processing fee, as described in Paragraph (f) of this Rule, must be submitted with each application. Processing fees submitted in the form of a check or money order shall be made payable to N.C. Department of Environment, Health, and Natural Resources. Applications which are incomplete or not accompanied by the processing fee may be returned. Permit applications shall be signed as follows: (1) in the case of corporations, by a principal executive officer of at least -the level of vice-president, or his authorized representative; (2) in the case of a partnership, by a general partner and in the case of a limited partnership, by a general partner; (3) in the case of a sole proprietorship, by the proprietor; (4) in the case of a municipal, state or other public entity by either a principal executive officer, ranking official or other duly authorized employee. The signature of the consulting engineer or other agent shall be accepted on the application only if accompanied by a letter of authorization. (f) Pen -nit Fees: (1) For every application for a new or revised permit under this Section, a nonrefundable application processing fee in the amount stated in Subparagraph (f)(2) of this Paragraph shall be submitted at the time of application. (A) Each permit application is incomplete until the application processing fee is ' received; (B) No processing fee shall be charged for modifications of permits when initiated by the Director; (C) A processing fee of forty dollars ($40.00) shall be charged for name changes; (D) No processing fee shall be required for name changes associated with the initial transfer of property from the developer to property owner or responsible party. --- Any subsequent changes in ownership shall be subject, to the name change processing fee in Part (C) of this Paragraph. (2) Schedule of Fees Permit Application Processing Fee New Timely Applications/ Renewals Modifications/ Without Rate Renewal Modifications Low Density $225 N/A High Density 385 225 Other 225 N/A Director's Certification 350 N/A General Permits 50 NIA NORTH CAROLINA ADMINISTRATIVE CODE Page 4 of 13 ENR ENVIRONMENTAL MANAGEMENT COMMISSION TISA: 02H.1000 (g) Supporting Documents and Information. This Paragraph outlines those supporting documents and information that trust be submitted with stormwater applications. Additional information may also be applicable or required. The applicant shall attempt to submit all necessary information to describe the site, development and stormwater management practices proposed. The following documents and information shall be submitted with stormwater applications: (1) two sets of detailed plans and specifications for the project; (2) plans and specifications must be dated and sealed as outlined in Rule .10080) of this Section and show the revision number and date; (3) general location map showing orientation of the project with relation to at least two references (numbered roads, named streams/rivers, etc.) and showing the receiving water (a USGS map preferable); (4) topographic map(s) of the project area showing original and proposed contours and drainage patterns; (5) delineation of relevant boundaries including drainage areas, seasonal high water table, wetlands, property/project boundaries and drainage easements; (6) existing and proposed built -upon area including roads, parking areas, buildings, etc.; (7) technical information showing all final numbers, calculations, assumptions, drawing and procedures associated with the stormwater management measures including but not limited to: built -upon area, runoff coefficients, runoff volume, runoff depth, flow routing, inlet and outlet configuration (where applicable), other applicable information as specified; (8) operation and maintenance plan signed by responsible party; (9) recorded deed restriction and protective covenants. As an alternative proposed deed restriction and protective covenants and a signed agreement to provide final recorded articles shall be accepted when final documents are not available at the time of submittal. (h) Permit Issuance and Compliance: Stormwater management permits shall be issued in a manner consistent with the following: (1) Stormwatet management permits issued for low density projects shall not require permit renewal. (2) Stormwater management permits issued for projects that require the construction of engineered stormwater control measures shall be issued for a period of time not to exceed 10 years. Applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by the processing fee described in Paragraph (f) of this Rule. (3) Stormwater management permits shall be issued to the developer or owner and shall cover the entire master plan of the project ("stormwater master plan permit"). The master plan permit shall include specifications for stormwater management measures associated with each individual lot or property within the project. -- (4) Any individuali or entity found to :be -in noncompliance with the provisions of a --- stormwater management permit or the requirements of this Section is subject to enforcement procedures as set forth in G.S. t43, Article 21. History Note: Authority G.S. 143-214.1; 143-214.7, 143-215.1(d); 143-215.3(a)(1); E' January 1; 1988; Amended Ef. . December 1, 1995; September 1, 1995. 15A NCAC 02H .1004 STATEWIDE STORMWATER GUIDELINES History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(I); 143-215.8A; Eff' January 1, 1988; Repealed Ef. .. September], 1995. 15A NCAC 02H .1005 STORMWATER REQUIREMENTS: COASTAL COUNTIES NORTH CAROLINAADMIIYI�T_RAIM CODE free �p Wcemher�1 r19S Page 5 of 13 ENR ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 All development activities within the coastal counties which require a stormwater management permit in accordance with Rule .1003 of this Section shall manage stormwater runoff as follows: (1) development activities within the coastal counties draining to Outstanding Resource Waters (ORW) shall meet requirements contained in Rule .1007 of this Section; (2) development activities within one-half mile of and draining to SA waters or unnamed tributaries to SA waters: (a) Low Density Option: Development shall be permitted pursuant to Rule .1003(d)(1) of this Section if the development has: (i) built -upon area of 25 percent or less; or proposes development of single family residences on lots with one-third of an acre or greater with a built -upon area of 25 percent or less; (ii) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; (iii) a 30 foot wide vegetative buffer. (b) High Density Option: Higher density developments shall be permitted pursuant to Rule .1003(d)(2) of this Section if stormwater control systems meet the following criteria: (i) no direct outlet channels or pipes to SA waters unless permitted in accordance with 15A NCAC 2H .0126; (ii) control systems must be infiltration systems designed in accordance with Rule .1008 of this Section to control the runoff from all surfaces generated by one and one-half inches of rainfall. Alternatives as described in Rule .1008(h) of this Section may also be approved if they do not discharge to surface waters in response to the design storm; (iii) runoff in excess of the design volume must flow overland through a vegetative filter designed in accordance with Rule .1008 of this Section with a minimum length of 50 feet measured from mean high water of SA waters; (3) development activities within the coastal counties except those areas defined in Items (1) and (2) of this Paragraph: (a) Low Density Option: Development shall be permitted pursuant to Rule ` • .1003(d)(1) of this Section if the development has. (i) built -upon area of 30 percent or less; or proposes development of single family residences on lots with one-third of an acre or greater with a built -upon area of 30 percent or less; (ii) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; — (iii) a 30 foot wide vegetative buffer. (b) High Density Option: Higher density developments shall be permitted pursuant to Rule .1003(d)(2) of this Section if stormwater control systems meet the following criteria: L (i) control systems must be infiltration systems, wet detention ponds or alternative stonnwater management systems designed in accordance with Rule .1008 of this Section; (ii) control systems must be designed to control runoff from all surfaces ` generated by one inch of rainfall. History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a); Eff. September 1, 1995, 15A NCAC 02H .1006 STORMWATER REQUIREMENTS: HIGH QUALITY WATERS All development activities which require a stormwater management permit under Rule .1003 of this Section and are within one mile of and draining to waters classified as High Quality Waters (HQW) shall manage NORTH CAROLINA ADMINISTRATIYE CODE e tl a Decentber.:1N99 Paue 6 of 13 ENR ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02M.1000 stormwater runoff in accordance with the provisions outlined in this Rule. More stringent stormwater management measures may be required on a case -by -case basis where it is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters. (1) All waters classified as WS-1 or WS-H (I5A NCAC 2B .0212 and .0214) and all waters located in the coastal counties (Rule .1005 of this Section) are excluded from the requirements of this Rule since they already have requirements for stormwater management. (2) Low Density Option: Development shall be permitted pursuant to Rule .1003(c)(1) of this Section if the development has: (a) built -upon area of 12 percent or less or proposes single family residential development on lots of one acre or greater; (b) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; (c) a 30 foot wide vegetative buffer. (3) High Density Option: Higher density developments shall be permitted pursuant to Rude .1003(c)(2) of this Section if stormwater control systems meet the following criteria: ' (a) control systems must be wet detention ponds or alternative stormwater management systems designed in accordance with Rule .1008 of this Section; (b) control systems must be designed to control -nmoff from all surfaces generated by one inch of rainfall. ' History Note: Authority G.S. 143-214.1, 143-214.7, 143-215.1; 143-215.3(a); Eff. September 1, 1995; Amended E,B: December 1, 1995. `• 15A NCAC 021H .1007 STORMWATER REQUIREMENTS: OUTSTANDING RESOURCE WATERS All development activities which require a stormwater management permit under Rule .1003 of this Section and which drain to waters classified as Outstanding Resource Waters (ORW) shall manage stormwater runoff in accordance with the provisions of this Rule. Water quality conditions shall clearly maintain and protect the outstanding resource values of waters classified as Outstanding Resource Waters (ORW). Stormwater management strategies to protect resource values of waters classified as ORW shall be developed on a site specific basis during the proceedings to classify these waters as ORW. The .. ' requirements of this Rule serve as the minimum conditions that must be met by development activities. More stringent stormwater management measures may be required on a case -by -case basis where it is determined that additional measures are required to protect water quality and maintain existing and _ anticipated uses of these waters.. (1) Freshwater ORWs: Development activities which require a stormwater management . • permit under Rule .1003 of this Section and which drain to freshwaters classified as ORW shall manage stormwater runoff as follows: ' (a) Low Density Option: Development shall be permitted pursuant to Rule .1003(d)(1) of this Section if the development has: (i) built -upon area of 12 percent or less or proposes single family residential development on lots of one acre or greater; (ii) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; and (iii) a 30 foot wide vegetative buffer. (b) High Density Option: Higher density developments shall be permitted pursuant to Rule .1003(d)(2) of this Section if stormwater control systems meet the ' following criteria: (i) control systems must be wet detention ponds or alternative stormwater ' management systems designed in accordance with Rule .1008 of this Section; and lYORTH CAROLINA ADI1 Ir1ISTRATNE CODE Effec lvetllllecemlit rif,199a Page 7 of 13 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 01H.1000 (ii) control systems must be designed to control runoff from all surfaces generated by one inch of rainfall. (2) Saltwater ORWs: Development activities which require a stormwater management permit under Rule .1003 of this Section and which drain to saltwaters classified as ORW shall manage stormwater runoff as follows: (a) Within 575 feet of the mean high water line of designated ORW areas, development activities shall comply with the low density option as specified in Rule .1005(2)(a) of this Section. (b) Projects draining to saltwaters classified as ORW that impact the Areas of Environmental Concern (AEC), determined pursuant to G.S. 113A-113, shall delineate the ORW AEC on the project plans and conform to low density requirements as specified in Rule .1005(2)(a) of this Section within the ORW AEC. (c) After the Commission has received a request to classify Class SA waters as ORW and given permission to the Director to schedule a public bearing to consider reclassification and until such time as specific stormwater design criteria become effective, only development which meets the requirements of Rule .1003(d)(3)(A), (B) and (C)-and Rule .1005(2xa) of this Section shall be approved within 575 feet of the mean high water lino of these waters. History Note: Authority G.S. 143-214.1; 14.3-214.7; 143-215.1; 143-215.3(a); Ef. ..' September 1, 1995. 15A NCAC 02H .1008 DESIGN OF STORMWATER MANAGEMENT MEASURES (a) Structural Stormwater Control Options. Stormwater control measures which may be approved pursuant to this Rule and which shall not be considered innovative include: (1) Stormwater infiltration systems including infiltration basins/ponds, swales, and vegetative filters; (2) Wet detention ponds; and (3) Devices approved in accordance with Paragraph (h) of this Rule. All stormwater management structures are subject to the requirements of Paragraph (c) of this Rule. (b) Innovative Systems. Innovative measures for controlling stormwater which are not well established through actual experience may be approved on a demonstration basis under the following conditions: (1) There is a reasonable expectation that the control measures will be successful; (2) The projects are not located near High Quality Waters (HQW); (3) Monitoring requirements are included to verify the performance of the control measures; and' (4) Alternatives are available -if -the control measures fail and shall be required when the .Director determines that the system has failed. (c) General Engineering Design Criteria For All Projects. (1) The size of the system must take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. The storage volume of the system shall be calculated to provide for the most conservative protection using runoff calculation methods described on pages A.1 and A-2 in "Controlling Urban Runoff: A Practical Manual For Planning And Designing Urban BMPs" which is hereby incorporated by reference not including amendments. This document is available through the Metropolitan Washington (D.C.) Council of Governments at a cost of forty dollars ($40.00). This method is also described in the Division's document "An Overview of Wet Detention Basin Design." Other engineering methods may be approved if these methods are shown to provide for equivalent protection; (2) All side slopes being stabilized with vegetative cover shall be no steeper than 3:1 (horizontal to vertical); (3) All stormwater management structures shall be located in recorded drainage easements for the purposes of operation and maintenance and shall have recorded access easements '• NORTH CAROLINA ADMINISTR.ATWE CODE ffeettff De_c-embere 1:99 Page 8 of I3 ` '1 -.. ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T1 SA: 02H.1000 to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the stormwater management structures; (4) Vegetative filters designed in accordance with Paragraph (f) of this Rule are required from the overflow of all infiltration systems and discharge of all stor nwater wet detention ponds. These filters shall be at least 30 feet in length, except where a minimum length of 50 feet is required in accordance with Rule .1005(2)(b)(iii) of this Section; (5) Stormwater controls shall be designed in accordance with the provisions of this Section. Other designs may be acceptable if these designs are shown by the applicant, to the satisfaction of the Director, to provide equivalent protection; (6) In accordance with the Antidegradation Policy as defined in 15A NCAC 2B .0201, additional control measures may be required on a case -by -case basis to maintain and protect, for existing and anticipated uses, waters with quality higher than the standards; ' — and (7) Stormwater control measures used for sedimentation and erosion control during the construction phase must be cleaned out and returned to their designed state. (d) Infiltration System Requirements. Infiltration systems may be designed to provide infiltration of the entire design rainfall volume required for a site or a series of successive systems may be utilized. ' Infiltration may also be used to pretreat runoff prior to disposal in a wet detention ponds. The following ti are general requirements: - (1) Infiltration systems shall be a minimum of 30 feet from surface waters and 50 feet from Class SA waters; (2) Infiltration systems shall be a minimum distance of 100 feet from water supply wells; (3) The bottom of infiltration systems shall be a minimum of two feet above the seasonal high water table; (4) Infiltration systems must be designed such that runoff in excess of the design volume i by-passes the system and does not flush pollutants through the system; (5) Infiltration systems must be designed to completely draw down the design storage ` volume to the seasonal high water table under seasonal high water conditions within five days and a hydrogeologic evaluation may be required to determine whether the system can draw down in five days; 4 (6) Soils must have a minimum hydraulic conductivity of 0.52 inches per hour to be suitable for infiltration; t • (7) Infiltration systems must not be sited on or in fill material, unless approved on a t case -by -case basis under Paragraph (h) of this Rule; (8) Infiltration systems may be required on a case -by -case basis to have an observation well to provide ready inspection of the system; (9) If runoff is directed to infiltration systems during construction of the project, the system ` must be restored to design specifications after the project is complete and the entire drainage area is stabilized. - - (e) Wet Detention Pond Requirements. These practices may be used as a primary treatment device or as a secondary device following an infiltration system. Wet detention ponds shall be designed for a specific pollutant removal. Specific requirements for these systems are as follows: k (1) The design storage volume shall be above the permanent pool; (2) The discharge rate from these systems following the one inch rainfall design storm shall ` be such that the draw down to the permanent pool level occurs within five days, but not in less than two days; (3) The design permanent pool level mean depth shall be a minimum of three feet and shall ` be designed with a surface area sufficient to remove 85 percent of total suspended solids_ ` The design for 85 percent total suspended solids removal shall be based on "Methodology for Analysis of Detention Basins for Control of Urban Runoff Quality" which is hereby k incorporated by reference not including subsequent amendments. This document is available from the U.S. Environmental Protection Agency (Document number EPA440/5-87-001) at no cost; (4) The inlet structure must be designed to minimize turbulence using baffles or other appropriate design features and shall be located in a manner that avoids short circuiting in i, the pond; FORTH CAROLINA ADMINISTRATIVE CODE ffNet"FVesDecemher CM W4 ]Page 9 of 13 ENR-EN VIR ONMENTA L MANAGEMENT COMMISSION T15A: 02H.1000 (5) Pretreatment of the runoff by the use of vegetative filters may be used to minimize sedimentation and eutrophication of the detention pond; (6) Wet detention ponds shall be designed with a forebay to enhance sedimentation at the inlet to the pond; (7) The basin side slopes for the storage volume above the permanent pool shall be stabilized with vegetation down to the permanent pool level and shall be designed in accordance with Subparagraph (c)(2) of this Rule; (8) The pond shall be designed with side slopes no steeper than 3:1 (horizontal to vertical); (9) The pond shall be designed to provide for a vegetative shelf around the perimeter of the basin. This shelf shall be gently sloped (6:1 or flatter) and shall consist of native vegetation; j (10) The pond shall be designed to account for sufficient sediment storage to allow for the proper operation of the facility between scheduled cleanout periods. (1) Vegetative Filter Requirements. Vegetative filters shall be used as a non-structural method for providing additional infiltration, filtering of pollutants and minimizing stormwater impacts. Requirements for these filters are as follows: (1) A distribution device such as a swale shall be used to provide even distribution of runoff ` across the width of the vegetative filter; (2) The slope and length of the vegetative filter shall be designed, constructed and maintained so as to provide a non -erosive velocity of flow through the filter for the 10 year storm and shall have a slope of five percent or less, where practicable; and (3) Vegetation in the filter may be natural vegetation, grasses or artificially planted wetland t vegetation appropriate for the site characteristics. (g) Curb Outlet Systems. Projects that meet the low density provisions of Rules .1005 through .1007 of this Section may use curb and gutter with outlets to convey the stormwater to grassed swales or vegetated areas prior to the runoff discharging to vegetative filters or wetlands. Requirements for these curb outlet systems are as follows: (1) The curb outlets shall be located such that the swale or vegetated area can carry the peak { flow from the 10 year storm and the velocity of the flow shall be non -erosive; (2) The longitudinal slope of the swale or vegetated area shall not exceed five percent, where practicable; (3) The side slopes of the swale or vegetated area shall be no steeper than 5:1 (horizontal to ` vertical). Where this is not practical due to physical constraints, devices to slow the rate i of runoff and encourage infiltration to reduce pollutant delivery shall be provided; (4) The minimum length of the swale or vegetated area shall be 100 feet; and 1 (5) In sensitive areas, practices such as check dams, rock or wooden, may be required to increase detention time within the Swale or vegetated area. t (h) Alternative Design Criteria. In addition to the control measures outlined in Paragraphs (b), (d), (e), (f) and (g) of this Rule, stormwater management systems.. consisting of other control options or series of control options may be approved by the Director on a case -by -case basis. This approval shall only be given l in cases where the applicant can demonstrate that the Alternative Design Criteria shall provide equal or better stormwater control, equal or better protection of waters of the state, and result in no increased potential for nuisance conditions. The criteria for approval shall be that the stormwater management system shall provide for 85 percent average annual removal of Total Suspended Solids and that the ' discharge rate from the system meets one of the following: (1) the discharge rate following the one -inch design storm shall be such that the runoff volume draws down to the pre -storm design stage within five days, but not less than two days; or (2) the post development discharge rate shall be no larger than predevelopment discharge rate for the one year 24 hour storm. (i) Operation and maintenance plans. Prior to approval of the development by the Division an operation and maintenance plan or manual shall be provided by the developer for stormwater systems, indicating the operation and maintenance actions that shall be taken, specific quantitative criteria used for determining when those actions shall be taken, and who is responsible for those actions. The plan must clearly indicate the steps that shall be taken and who shall be responsible for restoring a stormwater system to design specifications if a failure occurs and must include anacknowledgment by the responsible party. r_ NORTH CAROLINA ADMIMSTRATWE CODE L__ ffeative December IM, 9 , Page 10 of 13 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 Development must be maintained consistent with the requirements in these plans and the original plans and any modifications to these plans must be approved by the Division. 0) System Design. Stormwater systems must be designed by an individual who meets any North Carolina occupational licensing requirements for the type of system proposed. Upon completion of construction, the designer for the type of stormwater system installed must certify that the system was inspected during construction, was constructed in subsiantial conformity with plans and specifications approved by the Division and complies with the requirements of this Section prior to issuance of the certificate of occupancy. History Note: Authority G.S. 143-214.1; 143-214.7, 143-215.1; 143-215.3(a); Ef. .. September 1, 1995. 15A NCAC 02H .1009 STAFF REVIEW AND PERMIT PREPARATION (a) The staff of the permitting agency shall conduct a review of plans, specifications and other project data accompanying the application and shall determine if the application and required information are complete. The staff shall acknowledge receipt of a complete application. (b) if the application is not complete with all required information, the application may be returned to the applicant. The staff shall advise the applicant by mail: (1) how the application or accompanying supporting information may be modified to make them acceptable or complete; and (2) that the 90 day processing period required in G.S. 143-215. i begins upon receipt of corrected or complete application with required supporting information- (c) If an application is accepted and later found to be incomplete, the applicant shall be advised how the application or accompanying supporting information may be modified to make them acceptable or complete, and that if all required information is not submitted within 30 days that the project shall be returned as incomplete. History Note: Authority G.S. 143-215.1; 143-215.3(a); Eff. September 1, 1995. 15A NCAC 02H .1010 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION (a) The Director shall take final action on all applications not later than 90 days following receipt of a complete application and with required information. All permits or renewals of permits and decisions denying permits or renewals shall be in writing. (b) The Director is authorized to: (1) issue a permit containing such conditions as are necessary to effectuate the purposes of G.S. 143, Article 21; �... -. • -. (2) issue permit containing time schedules for achieving compliance with applicable water quality standards and other legally applicable requirements; (3) deny a permit application where necessary to effectuate: (A) the purposes of G.S. 143, Article 21; (B) the purposes of G.S. 143-215.67(a); (C) rules on coastal waste treatment, disposal, found in Section .0400 of this Subchapter; (D) rules on "subsurface disposal systems," found in 15A NCAC 18A .1900. Copies of these Rules are available from the Division of Environmental Health, P.O. Box 29535, Raleigh, North Carolina 27626-0535; and (E) rules on groundwater quality standards found in Subchapter 2L of this Chapter. (4) hold public meetings when necessary to obtain additional information needed to complete the review of the application. The application will be considered as incomplete until the close of the meeting record. (c) If a permit is denied, the letter of denial shall state the reason(s) for denial and any reasonable measures which the applicant may take to make the application approvable. (d) Permits shall be issued or renewed for a period of time deemed reasonable by the Director. NQR111 CAROLINA ADMINISTRATIVE CODE E WeEC-41Deeemb6ril, 09 Page 11 of 13 ENR-EN VIR ONMENTAL MANAGEMENT COMMISSION T15A: 02H.1000 History Note: Authority G.S. 143-215.1; 143-215.3(a); Ef. September 1, 1995, 15A NCAC 02H .1011 MODIFICATION AND REVOCATION OF PERMITS Any permit issued by the Division pursuant to these Rules is subject to revocation, or modification upon 60 days notice by the Director in whole or part for good cause including but not limited to: (1) violation of any terms or conditions of the permit; (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; (3) refusal of the permittee to allow authorized employees of the Department of Environment, Health, and Natural Resources upon presentation of credentials: (a) to enter upon permittee`s premises on which a system is located in which any records are required to be kept under terms and conditions of the permit; (b) to have access to any copy and records required to be kept under terms and conditions of the permit; (c) to inspect any monitoring equipment or method required in the permit; or (d) to sample any discharge of pollutants; (4) failure to pay the annual fee for administering and compliance monitoring. History Note: Authority G.S. 143-215.1; 143-215.3(a); E . September 1, 1995. 15A NCAC 02H .1012 DELEGATION OF AUTHORITY For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in these Rules except the following: (1) denial of a permit application; (2) revocation of a permit not requested by the permittee; or (3) modification of a permit not requested by the permittee. History Note: Authority G.S. 143-215.3(a); Eff.• September 1, 1995. 15A NCAC 02H .1013 GENERAL PERMITS (a) In accordance with the provisions of G.S. 143.215.1(b)(3) and (4), general permits may be developed by the Division and issued by the Director for categories of activities covered in this Section. All activities _ :in the State that received a "Certificate of Coverage" -for that category from -.the Division shall be deemed covered under that general permit. Each of the general permits shall be issued individually under G.S. t . • 143-215.1, using all procedural requirements specified for state permits including application and public notice. Activities covered under general permits, developed in accordance with this Rule, shall be subject to the same standards and limits, management practices, enforcement authorities, and rights and privileges . as specified in the general permit. Procedural requirements for application and permit approval, unless ` specifically designated as applicable to individuals proposed to be covered under the general permits, apply only to the issuance of the general permits. After issuance of the general permit by the Director, activities in the applicable categories may request coverage under the general permit, and the Director or his designee shall grant appropriate certification. General permits may be written to regulate categories of other i activities that all: involve the same or substantially similar operations; have similar characteristics; require the same limitations or operating conditions; require the same or similar monitoring; and in the opinion of ,. the Director are more appropriately controlled by a general permit. (b) No provision in any general permit issued under this Rule shall be interpreted to allow the permittee to violate state water quality standards or other applicable environmental standards. z (c) For a general permit to apply to an activity, a Notice of Intent to be covered by the general permit must be submitted to the Division using forms provided by the Division and, as appropriate, following the application procedures specified in this Section. If all requirements are met, coverage under the general NORTH CAROLINA ARNINISTRATIVE CODE f#ecttye€lle •ember .199 Page 12 of 13 ENR ENVIRONMENTAL MANAGEMENT COMMISSION TBA: 02H.1000 permit may be granted. If all requirements are not met, a long form application and full application review procedure shall be required. (d) General permits may be modified and reissued by the Division as necessary. Activities covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits. (e) All previous state water quality permits issued to a facility which can be covered by a general permit, whether for construction or operation, are revoked upon request of the permittee, termination of the individual permit and issuance of the Certification of Coverage. (f) Anyone engaged in activities covered by the general permit rules but not permitted in accordance with this Section shall be considered in violation in G.S. 143-215.1. (g) Any individual covered or considering coverage under a general permit may choose -to pursue an ` - individual permit for any activity covered by this Section. (h) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an individual permit by notifying that person that an application is required. Notification shall consist of a written description of the reason(s) for the decision, appropriate permit application forms and application instructions, a statement establishing the required date for submission of the application, and a statement informing the person that coverage by the general permit shall. automatically terminate upon issuance of the individual permit. Reasons for requiring application for an individual permit may be: (1) the activity is a significant contributor of pollutants; (2) conditions at the permitted site change, altering the constituents or characteristics of the site such that the activity no longer qualifies for coverage under a general permit; (3) noncompliance with the general permit; (4) noncompliance with Commission Rules; (5) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the activity; or (6) a determination that the water of the stream receiving stormwater runoff from the site is • not meeting applicable water quality standards. (i) Any interested person may petition the Director to take an action under Paragraph (h) of this Rule to require an individual permit. 0) General permits may be modified, terminated, or revoked and reissued in accordance with the authority and requirements of Rules .1010 and .1011 of this Section. M History Note: Authority G.S. 143-215.1; 143-1I3.3(a); E. . September 1, 1995, WORTH CAROLINA ADMINISTRATIVE CODE ecth, Deeettsber . 19� Paee 13 of 13 TOWN OF OAK ISLAND ILLICIT STORM WATER DISCHARGE ORDINANCE The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. ILLICIT STORM WATER DISCHARGE ORDIANCE TOWN OF OAK ISLAND Appendix B - 2 SECTION PAGE CHAPTER 18 - ILLICIT STORM WATER DISCHARGE ORDINANCE .........................4 SECTION 701: SHORT TITLE........................................................................................I..............4 SECTION 702: DEFINITIONS..............................................................................4 SECTION 703: FINDINGS OF FACTS ........................................................ SECTION 704: OBJECTIVES...................................................................................................... 7 SECTION 705: APPLICABILITY ................ :.................................................................................. SECTION 706: RESPONSIBILITY FOR ADMINISTRATION.........................................................9 SECTION 707: ULTIMATE RESPONSIBILITY......................................................... ...........9 SECTION 708: WATERCOURSE PROTECTION........................................................................9 SECTION 709: REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS BY THE,USE OF BEST MANAGEMENT PRACTICES...............10 SECTION 710: PERMITTED DISCHARGE ACTIVITY................................................................10 SECTION 71 1: DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE .......10 SECTION 712`. MONITORING OF DISCHARGE..................................................................... 1 1 SECTION 713: SUSPENSION OF STORM WATER DRAIN ACCESS.......................................12 SECTION 714: NOTIFICATION OF SPILLS...............................................................................12 SECTION 715: ENFORCEMENT...............................................................................................12 SECTION 716: APPEAL OF NOTICE OF VIOLATION............................................................13 SECTION 717: ENFORCEMENT MEASURES AFTER APPEAL.................................................14 SECTION 718: INJUNCTIVE RELIEF.........................................................................................14 SECTION 719: ALTERNATIVE COMPENSATORY ACTION...................................................14 SECTION 720: VIOLATIONS DEEMED A PUBLIC NUISANCE...............................................14 SECTION 721: CRIMINAL PROSECUTION.............................................................................14 SECTION 722: REMEDIES NOT EXCLUSIVE............................................................................14 Appendix B - 3 TOWN OF OAK ISLAND STORMWATER PROGRAM CHAPTER 18 ILLICIT STORM WATER DISCHARGE ORDINANCE 18-701. SHORT TITLE This ordinance shall be known as the "Illicit Storm Water Discharge Ordinance for the Town of Oak Island, North Carolina." 18-702. DEFINITIONS Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most effective application. Words used in singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" denotes mandatory and not discretionary; the word "may" is permissive. Adverse Impacts: Any modifications, alterations or effects on a feature or characteristic of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful. Authorized Enforcement Agency: Employees or designees of the Town of Oak Island. Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. & 1251 et. seq.), and any subsequent amendments thereto. Community of Waters: See Waters. Connection: Any physical common joining including devices that are natural, constructed, installed, fabricated, shaped, redirected, sloped, pumped, drained connection including methods by artificial or natural means, and located either above surface, at surface, or sub -surface locations, and from either indoor, outside, and moveable sources of origination and including spills. Construction Activity: Activities subject to NPDES Construction Permits. These include construction permits resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Drainage Facility: Any component of the drainage system. Drainage System: System through which water flows from the land, including piping, watercourses, water bodies, and wetlands. Excluded Storm Water System Discharge Category: The following categories of potential discharges to the storm water system are not to be considered as illegal discharges, except if in the judgment of the Town of Oak Island, activities under these categories, or the categories, are significant contributors of pollutants: 1. Water Line Flushing 2. Landscape and Lawn Irrigation Water 3. Diverted Stream Flows 4. Rising Ground Waters 5. Uncontaminated Ground Water Infiltration (as defined at 40 CFR 35.2005(20)) 6. Uncontaminated Pumped Ground Water 7. Discharges from Potable Water Sources 8, Air Conditioning Condensation Appendix B - 4 TOWN OF OAK ISLAND STORMWATER PROGRAM 9. Springs 10. Water from Crawl Space rumps 11. Individual Residential Car Washing 12. Flows from Riparian Habitats and Wetlands 13. De -chlorinated Swimming Pool Discharges 14. Street Wash Water 15. Foundation or Footing Drains (not including active groundwater dewatering systems) 16. Other Water Source Discharge Not Containing Pollutants 17. Discharges or Flows from Fire Fighting Activities Only Need to be Addressed Where They Are Identified as Significant Sources of Pollutants Flood: Temporary rise in the level of any water body, watercourse or wetland which results in the inundation of areas not ordinarily covered by water. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Connection: Any unlawful connection,' which allows the discharge of non-stormwater to the Stormwater conveyance system or waters of the State in violation of this Ordinance, regardless -of whether said conveyance system or connection had been previously allowed, permitted, or approved by the Town of Oak Island or, including whether any conveyance system or connection to the storm water drain system which has not been documented in plans, maps, or equivalent records and approved by the Town of Oak Island fora private, residential, commercial, industrial or public land use. Illegal Discharge: Any unlawful direct or indirect non -storm water discharge, disposal, placement, emptying, clumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance other than storm water into the Municipal Separate Storm Sewer System (MS4), that is not composed entirely of storm water and, except discharges pursuant to a current NPDES Permit, discharges resulting from fire fighting activities, and excluded discharge categories, such that the substance is likely to reach a storm water conveyance or the waters of the State. These Illicit Storm Water Discharges may include earth, fluid, solid, gas, or other substances, other than storm water, provided that non -storm water discharges associated with an Excluded Storm Water System Discharge Category may significantly impact water quality. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.23 (b)(14). MS4: Municipal Separate Storm Sewer System. Municipal Separate Storm Sewer System (MS4): A separate conveyance system, constructed, or present, to convey storm water drainage, separately from other wastes systems such as sewer systems, through the use of ditches, swales, pipes, culverts, over -land drainage, surface and subsurface flows. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or a State under authority delegated pursuant to 33 U.S.C. & 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Natural Systems: Those communities of plaints, animals, bacteria and other flora and fauna that occur indigenously on the land, in the soil or in the water. Non -Storm Water Discharge: Any discharge to the storm water drain system that is not composed entirely of storm water. Appendix 8 - 5 TOWN OF OAK ISLAND STORMWATER PROGRAM NPDES Phase II Regulations: Federal Register Part II 40 CFR Parts 9,122, 123 and 124 the "National Pollutant Discharge System — Regulations for Revision of the Water Pollution Control Program Addressing Storm Water Discharge". Person.: Person means any and all persons, includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Receiving Bodies of Water: Water bodies, watercourses or wetlands into which surface waters flow either naturally, in manmade ditches, or in a closed conduit system. Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation, regardless of amount of precipitation or time of precipitation event. Storm Water Drainage System: Facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and man-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the Maximum Extent Practicable. Wastewater: Nleans any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks. Water Body: Natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernable shoreline. Waters or Community of Waters: Water on or beneath the surface of the ground including watercourses, water body, or drainage system, including diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as coastal waters. Waters of the State: Surface waters within or flowing through the boundaries of the State including any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series topographic maps. Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the State and which are not the result of impoundment of waters of the State, are not waters of the State. Wetlands: Means those areas where 1. The soil is ordinarily saturated with water; or Appendix B - 6 TOWN OF OAK ISLAND STORMWATER PROGRAM 2. The dominant plant community is one or more of those species designated by the U.S. Army Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or 3. The presence of one or more of those plant species designated by the North Carolina Division of Coastal Management as identifying coastal wetlands or the transitional zone of coastal wetlands. 18-703. FINDINGS OF FACTS The Town Council of the Town of Oak Island finds that the discharge of non -storm water drainage to waters of the state and to the municipal storm drainage system could have significant adverse impact upon health, safety, and welfare of the community. More specifically: 1. Illicit Storm Water Discharges carry pollutants into receiving water bodies, degrading water quality and effect in closures of shell fishing waters. 2. A nutrient such as phosphorus or nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna. 3. Improper connection to the storm drain system and to waters of the State adversely impacts quality of receiving waters. 4. Septic tank discharges from non -compliant systems, washing machine discharges, and illegal dumping into the storm water drains are examples of illicit discharges. 5. The Town of Oak Island must have the authority to deter and/or stop illicit discharges to storm water drains and ditches. 6. Substantial economic losses result from these adverse impacts on community waters. 7. Illicit discharges to water bodies diminish their capacity to naturally process runoff nutrients, thereby harming flora and fauna. 8. Increase of illicit discharge to waters can percolate into the soil, thereby decreasing groundwater quality. 9. Improperly managed storm water systems can decrease the quality of property and human life. 10. Improperly managed storm water drainage systems can interfere with the maintenance of optimum estuarine areas and biological productivity. 11. Many future problems can be avoided if land is developed in accordance with an Illicit Storm Water Discharge Ordinance. 18-704.OBJECTIVES . The purpose of this ordinance is to provide for the health, safety, and general welfare of the people of the Town of Oak Island through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System (NIS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. In order to protect, maintain, and enhance both the immediate and the long-term health, safety and general welfare of the Town of Oak Island, This ordinance has the following objectives: 1. To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System (MS4) by storm water discharges by any user. 2. To prohibit illicit connections and discharges to the Municipal Separate Storm Sewer System (NIS4). 3. To establish legal authority to carry out all inspections, surveillances, and monitoring procedures necessary to ensure compliance with this ordinance. Appendix B - 7 TOWN OF OAK ISLAND STORMWATER PROGRAM k 4. To encourage productive and enjoyable harmony between humanity and nature. 5. To protect and maintain the chemical, physical, and biological integrity of any and all waters. 6. To prevent individuals and organizations from causing harm to the community by activities which adversely affect water resources. 7. To encourage the maintenance and construction of drainage systems which aesthetically and functionally approximate natural systems. 8. To encourage Town occupants to be aware of potential sources of illicit discharges, so they can better manage their actions in the environment. 9. To protect natural systems and their uses in ways that do not impair their beneficial functioning. 10. To increase and maintain the quality of groundwater sources. 11. To protect and maintain estuarine areas. 12. To prevent damage to Waters, including wetlands and groundwater systems. 13. To protect and maintain fish and wildlife habitats. 14. To ensure the attainment of these objectives by requiring the approval and implementation of the Illicit Storm Water Discharge Ordinance. 18-705. APPLICABILITY This Ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Town of Oak Island, as an Excluded Discharge Category. Storm Water Discharge, occurring after the effective date of this ordinance within the Town of Oak Island, must comply with the Illicit Storm Water Discharge Ordinance. tlll persons must take appropriate actions and measures, as defined by this Illicit Storm Water Discharge Ordinance, and all other Town of Oak Island Ordinances, regulations and laws, to stop all illicit storm water discharges that may occur on their property and, if necessary, ensure appropriate corrective measures are taken on any existing known, noted or observed non -compliant items including: discharges, connections, activities, or actions. All person shall address present non -complying illicit storm water discharges including the following possible occurrences: 1. Connections to a storm water conveyance or storm water conveyance system, which allows the discharge of non --storm water, other than Excluded Discharge Category, are unlawful. Prohibited discharges include, but are not limited to: a. Floor drains b. Waste water from washing machines c. Waste water from sanitary sewers d. Wash water from commercial vehicle washing or steam cleaning e. Connection of drainage leaders from structures f. railed or failing wastewater disposal fields g. Illicit discharge resulting from household pet waste h. Illicit discharge resulting from lawn care products including excessive fertilizers,. lawn/landscape chemical treatments i. Disposal of household hazardous pollutants i. Abandoned water wells 2. Where such connections exist and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following application of this regulation. Appendix B - 8 TOWN OF OAK ISLAND STORMWATER PROGRAM ► 3. The one (1) year grace period shall not apply to connections which may result in the discharge 'of hazardous materials or other discharges which pose any immediate threat to health and safety; are likely to result in immediate injury and harm to real or personal . property, natural resources, wildlife, or habitat; or were made in violation of any applicable regulation or ordinance. 4. The Town of Oak Island shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Town of Oak Island shall take into consideration: a. The quantity and complexity of the work, b. The consequences of delay, c. The potential harm to the environment, to the public health, and to public and private property, and d. The cost of remedying the damage. 5. Unless exempted pursuant to subsection (6) or granted a variance pursuant to subsection (6), a corrective plan must be submitted and corrected action to remedy an identified Illicit Storm Water Discharge taken before: a. A plat is recorded or land is subdivided; or b. An existing drainage system is altered, rerouted, or deepened; or c. A new building permit is issued. 6. Exemptions: The following development activities are exempt from the Illicit Storm Water Discharge Ordinance Plan requirement. a. Agricultural activity not involving the artificial drainage of land b. Variances: The Town of Oak island may grant a written variance from any requirement of this ordinance using the following criteria: i. There are special circumstances applicable to the subject property of its intended use; and ii. The granting of the variance will not 1) Significantly increase or decrease the rate of illicit storm water ,discharge, or pollutants 2) Have a significant adverse impact on an area "404 wetland", watercourse or water body. 3) .Significantly contribute to the degradation of water quality. 4) Otherwise significantly impair attainment of the objectives of this ordinance. 18-706. RESPONSIBILITY FOR ADMINISTRATION The Town of Oak Island shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Town of Oak Island may be delegated in writing to persons or entities acting in the beneficial interest of the Town of Oak .Island. 18-707. ULTIMATE RESPONSIBILITY The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. 18-708. WATERCOURSE PROTECTION Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive Appendix B - 9 t- TOWN OF OAK ISLAND STORMWATER PROGRAM 1 vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 18-709. REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The Town of Oak Island will adopt requirements. identifying Best Management Practices for any activity, operation, or property that may cause or contribute to pollution or contamination of storm water, the storm water drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm water drain system or watercourses through the use of these structural and non=structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the storm water drain system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this Section. These BMPs shall be part of a Storm Water Management Plan as necessary for compliance with requirements of the NPDES permit: 18-710. PERMITTED DISCHARGE ACTIVITY Any person subject to an NPDES storm water discharge permit (including construction activity, Land Disturbance Permit, Industrial NPDES Permit or other NPDES Permit) shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town of Oak Island prior to the allowing of discharges to the storm water drain system. 18-711. DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE No person shall discharge or cause to be discharged into the storm water drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm water drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this Ordinance. a. Rising ground water, b. Uncontaminated pumped ground water, c. Foundation or footing drains (not including active groundwater dewatering systems), d. Crawl space pumps, e. Other water source not containing pollutants. 2. Discharges specified in writing by the Town of Oak Island as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the Town of Oak Island prior to the time of the test. Appendix B - 10 TOWN OF OAK ISLAND STORMWATER PROGRAM r , I 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued 'to the persons and administered under the compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm water drain system. PROHIBITION OF ILLICIT CONNECTIONS The construction, use, maintenance or continued existence of illicit connections to the storm water drain system is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. ' A person is considered to be in violation of this Ordinance if the person conveys non -storm water to the storm water drain system, or allows such a connection to continue. 18-712. MONITORING OF DISCHARGE This Section applies to all properties that have storm water discharges. ACCESS TO PROPERTIES 1. The Town of Oak Island shall be permitted to enter and inspect property subject to regulation under this Ordinance as often as may be necessary to determine compliance with this Ordinance. If a discharger has security measures in force, which require proper identification and clearance before entry onto property, the discharger shall make the necessary arrangements to allow access to representatives of the Town of Oak Island, 2. Existing NPDES permit operators shall allow the Town of Oak Island ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. The Town of Oak Island shall have the right to establish on any permitted property such devices as are necessary in the opinion of the Town of Oak Island to conduct monitoring and/or sampling of the storm water discharge from the property. Sampling may include turbidity, coliform, nutrients, Suspended Solids. Other testing devices of existing systems may include video recording, dye testing, etc. 4. The Town of Oak Island has the right to require NPDES permittees discharging storm water to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at their expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the property to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Town of Oak Island and shall not be replaced. The cost of clearing such access shall be borne by the person. 6. Unreasonable delays in allowing the Town of Oak Island access to a permitted property is a violation of a storm water discharge permit and of this Ordinance. A person who is the operator of a property with an NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Town of Oak Island reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Ordinance. 7. If the Town of Oak Island has been refused access to any part of the premises from which storm water is discharged, and is able to demonstrate probable cause to believe that there Appendix B -11 l_ TOWN OF OAK ISLAND STORMWATER PROGRAM may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Town of Oak Island may seek issuance of a search warrant from any court of competent jurisdiction. 18-713. SUSPENSION OF STORM WATER DRAIN ACCESS SUSPENSION DUE TO ILLICIT DISCHARGE IN EMERGENCY SITUATIONS The Town of Oak Island may, without prior notice, suspend storm water drain discharge access to a person or business when such suspension is necessary to stop an actual or threatened discharge which.presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm water drain system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Town of Oak Island may take such steps as deemed necessary to prevent or minimize damage to the storm water drain system or waters of the United States, or to minimize danger to persons. SUSPENSION DUE TO THE DETECTION OF ILLICIT DISCHARGE Any person discharging to the storm water drain system in violation of this Ordinance may have their storm water drain access terminated if such termination would abate or reduce an illicit discharge. The Town of Oak Island will notify a violator of the proposed- termination of its storm water drain access. The violator may petition the Town of Oak Island for a reconsideration and hearing. A person commits an offense if the person reinstates storm water drain access to premises terminated pursuant to this Section, without the prior approval of the Town of Oak Island. 18-714. NOTIFICATION OF SPILLS Not withstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm water drain system, or waters of the United States said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies, Town Police, Fire Rescue, and Town Offices, of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the Town of Oak Island in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town of Oak Island within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. 18-715. ENFORCEMENT NUISANCE Any activity that is commenced without acceptance of the Illicit Storm Water Discharge Ordinance, or is conducted contrary to an approved plan as required by this Ordinance, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by Iaw. Appendix B - 12 TOWN OF OAK ISLAND STORMWATER PROGRAM f_. 1 VIOLATION NOTIFICATION When the Town of Oak Island determines that an activity is not being carried out in accordance with the requirements of this Ordinance, the Town of Oak Island will issue a written notice of violation, to the owner of the property. The notice of violation shall contain: 1. The name and address of the owner or applicant; 2. The Street address when available or a description of the building structure, or land upon which the violation is occurring; 3. A statement specifying the nature of the violation; 4. A description of the remedial actions necessary to bring the development activity into compliance with this Ordinance and a time schedule for completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. The notice of violation shall be served upon the person(s) to whom it is directed either personally, in the manner provided for personal service of notices by the court of local jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at person's last known address. CIVIL AND CRIMINAL PENALTIES In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. COSTS FOR RESTORATION, CORRECTIVE ACTION, ABATEMENT, AND MONITORING Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a deadline within which such remediation or restoration must be completed. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Oak Island may take necessary corrective action, the cost of which shall become a lien upon the property until paid. Costs to the property owner may include: 1. The performance of monitoring, analysis, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or rcmediation of storm water pollution or contamination hazards and the restoration of any affected property; 5. Payment of costs for Town of Oak Island administrative and remediadon costs; 6. Town of Oak Island's cost if they implement source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the Town of Oak Island or.a contractor will do the work and the expense thereof shall be charged to the violator. 18-716. APPEAL OF NOTICE OF VIOLATION A notice of violation issued pursuant to this section constitutes a determination from which administrative appeal may be taken to the Town Council. A statement will be issued that the Town's determination of violation may be appealed to the Town Council by filing a written notice of appeal within fifteen (15) days of service of notice of violation. The decision of the Town of Oak Island or designee shall be final. Appendix B - 13 TOWN OF OAK ISLAND STORMWATER PROGRAM 1 18-717. ENFORCEMENT MEASURES AFTER APPEAL If the violation has not been corrected.pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal within fifteen (15) days of the decision of the Town of Oak Island upholding the violation, representatives of the Town of Oak Island may enter upon the subject property to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, or agent in possession of any premises to refuse to allow the Town of Oak Island or their designated contractor to enter upon the premises for the purposes set forth above. 18-718. INJUNCTIVE RELIEF It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the Town of Oak Island may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 18-719. ALTERNATIVE COMPENSATORY ACTION In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the Town of Oak Island may impose alternative compensatory action upon a violator. Alternative compensatory action will be established in equitable measures and may include items such as: 1. Community Service 2. Attendance at Compliance Workshops 3. Beach Cleanup 4. Public Education Efforts 18-720. VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this -Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 18-721. CRIMINAL PROSECUTION Any person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty cost, per each day of violation, and/or imprisonment for a period of time not to exceed statutory limits. The Town of Oak Island may recover all attorney's fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. 18-721. REMEDIES NOT EXCLUSIVE The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Town of Oak Island to seek cumulative remedies. (Ord. of 8-13-2002, ch. 18, § 22.0) Appendix B - 14' k-. SECTION 1. Anew Article — is hereby added to Chapter_ of the Brunswick County Code regarding Stormwater Quality Management and Discharge Control, which shall read in its entirety as follows: "ARTICLE STORIVIWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL. Division I. Title, Purpose and General Provisions Section 1.1 Title This Article shall be known as the "Stormwater Quality Management and Discharge Control Ordinance" of Brunswick County and may be so cited. Section 1.2 Authority Under Chapter I53A of the North Carolina General Statutes, Brunswick County has the responsibility and authority to regulate land use and development, enforce ordinances within its jurisdiction, and to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 1.3 Purpose and Intent The purpose and intent of this Article is to: (a) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §1251 et seq.) by reducing pollutants in stormwater discharges to the maximums extent practicable and by prohibiting non-stormwater discharges to the storm drain system. (b) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of stormwater runoff from development within Brunswick County. (c) Encourage sustainable development. Prudent site planning should include special consideration for preserving natural drainage ways, maximizing infiltration, slowing stormwater runoff from individual sites in route to streams and rivers by use of effective runoff management, structural and non- structural best management practices, drainage structures, and stormwater facilities. Section 1.4 AApulicabili>y The provisions of the Ordinance shall apply to all areas within the planning jurisdictional .limits of Brunswick County. This Ordinance shall be permanently on file in the office of the Brunswick County Engineering Department. Section 1.5 Exceptions to Apolicabilitv This stormwater management ordinance shall not apply to those land use activities identified in the specific sections of this Ordinance or as identified below: (a) Existing development may be continued and maintained. Expansion to existing structures classified, as existing development must meet the provisions of this Ordinance. (b) Activities on a bona fide farm unless the activity is for non -farm purpose. Section 1.6 Definitions The terms used in this Article shall have the following meanings: (a) Ap lip •cant. An owner or developer of a site who executes the Stormwater Permit Application pursuant to this Ordinance. (b) Best Management Practices. Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States. Best Management Practices (BMPs) include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the County determines appropriate for the control of pollutants. Please refer to the Brunswick County's Storm Water Management Manual for further information and for specific BMP requirements. (c) Bona hide Farm. Any tract of land containing at least one acre which is used for activities relating to production, and activities incidental to production of crops, fruits, vegetables, ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and .shellfish, poultry, ,and other agricultural products having a domestic or foreign market, and excludes commercial and industrial processing. (d) Channel Bank. The location of the upper edge of the active channel above which the water spreads into the overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank is not well defined, the channel bank shall be considered the edge of the waterline during a two-year frequency storm. (e) Coun . Brunswick County, North Carolina. (f) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. (g) Construction Activity. Activities subject to NPDES Construction Permits. Such activities include but are not Iimited to clearing and grubbing, grading, excavating, and demolition. (h) Storm Water Management Manual. The manual of design, performance, and review criteria adopted by Brunswick County Board of Commissioners for the administration of the.Stormwater Program. (i) Design, Storm. The specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the Storm Water Management Manual. (j) Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. } (k) Drainage Structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed to convey stormwater. (1) Hazardous Materials. Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly. contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (m) Illegal Discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the State, or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the State constitutes an illegal discharge, except as exempted in Division II, Section 2.1 of this Ordinance. (n) Illicit Connections. An illicit connection is defined as either of the following: Any drain or' conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether, said drain or connection had been previously allowed_, permitted, or approved by a government agency; or ii. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the County. (o) . Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). (p) Impervious Surface. Any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to compacted earth (such as marl and coquina), gravel, concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures. Uncovered wooden slatted decks and the water area of a swimming pool are considered pervious. (q) Intermittent Streams. A natural drainage way, which shows up as a blue line on the USGS 7.5- minute quadrangle maps and has a contributing drainage area of 300 acres or less, shall be considered an intermittent stream for the purposes of this Ordinance. (r) Land Disturbing Activities. The use of land by any person that results in a change in the natural cover or topography that may contribute to or alter the quantity and or quality of stormwater runoff. (s) MaJor SubdivisiQn. The division of a tract of land into six (6) or more lots. (t) National Pollutant Discharge Elimination System(NPDES) Stormwater Discharge Permits. General, group, and individual stormwater discharge permits that regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. (u) Natural Drainage Way. Shall mean an incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a natural drainage way unless the constructed channel was a natural drainage way that has been relocated, widened, or otherwise improved. (v) Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater. (w) Perennial Stream. Perennial streams are streams that have essentially continuous flows and are shown on the United States Geological Survey 1:24,000 (7.5 min.) scale topographic maps. Streams that have a contributing drainage area of more than 300 acres shall be considered a perennial stream for the purposes of this Ordinance. (x) Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs, billboards, poster panels, swimming pools, manufactured houses, modular houses, and underground shelters. (y) Pollutant. Anything, that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains and cooling waters; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not Iimited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. (z) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. (aa) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. (bb) Riparian Buffer. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage way. Riparian buffers reduce the impact of upland sources by trapping, filtering, and converting nutrients, sediments, and other chemicals, and maintain the integrity of the natural drainage way. For the purposes of this Ordinance, surface water shall be present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5 min.) quadrangle topographic maps prepared by the United States Geological Survey (UGSG) or on the latest version of the Brunswick County Soil Map as prepared by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS). (cc) Storm Drain System. Publicly -owned facilities operated by the County by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures which are within the County and are not part of a publicly -owned treatment works as defined in 40 CFR Section 122.2. 4 (dd) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events. (ee) Stormwater Administrator. The person designated by the County Manager of Brunswick County to have authority to review and approve Stormwater Permits and stormwater management plans. The Stormwater Administrator shall also be responsible for inspecting development and making sure the provisions of this Ordinance are being followed. (ff) Stormwater Facilities. Shall include devices designed specifically to detain or retain stormwater for water quantity or water quality control. These devices shall not include those drainage structures that provide incidental water quantity or water quality control. These devices include but are not limited to wet ponds, dry ponds, bioretention areas, filter strips, or infiltration trenches. (gg) Vegetative Buffg . An area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants. (hh) Vested Rights. Vested right shall be based upon the following criteria: (ii) Having an outstanding valid building permit in compliance with GS 153A-344.1 or GS 160A- 385.1, or Oi) Having an approved site specific or phased development plan in compliance with GS 153A-344.1 or GS 160A-385.1. i. Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application or residuals and road construction activities, shall be considered to have vested rights if a State permit was issued prior to the effective date of the adoption of the Stormwater Ordinance. (kk) Water Dependent Structures. Those structures which require the access or proximity to, or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not considered water -dependent structures. (11) Waters of the United States. Surface watercourses and water bodies as defined in 40 CFR § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (mm) Wetland. Means those areas regulated under Section 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. 1344 and applicable federal regulations. Section 1.7 Interpretation (a) In interpreting and applying this Ordinance, the requirements are intended to be minimum requirements that are imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements. (b) This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever any ordinance, rules, regulations, permits, or casements, covenants, or other agreements between parties, provided however that, where this Ordinance imposes greater restrictions and controls with respect to stormwater management, the provisions of this Ordinance shall prevail. Section 1.8 Permits (a) Except where provided elsewhere, development shall not commence without obtaining -a Stormwater Permit pursuant to the provisions of this Ordinance. (b) The Stormwater Permit Application shall be made by, or on behalf of, the owner(s) or developers) of the site for which the permit is sought. The application shall be filed with the County on a form supplied by the County and shall be accompanied with the information identified in the Storm Water Management Manual. (c) A Stormwater Permit shall not be issued until the following conditions are met: i. Approval by the Stormwater Administrator of the supporting information. ii. Submission and approval of any required easements. iii. ' Submission and approval of any required inspection and maintenance agreements. iv. Payment of all fees. (d) If the development requires a Sediment and Erosion Control Permit, the Stormwater Permit will be conditional upon the *owner receiving such sediment and erosion permit and upon the filing of a copy of the approved Sediment and Erosion Control Plan and associated Permit to the Stormwater Administrator. (e) The Stormwater Permit will be valid for one (1) year from the date of issuance or if significant changes in the development are made that change the intent of the permit. Significant changes .shall be determined by the Stormwater Administrator. If significant changes are made, the original Stormwater Permit shall not be valid and a new permit shall be required. Section 1.9 Fees A list of fees associated with the Ordinance are available at the Brunswick County Stormwater Administrator's Office. Section 1.10 Applicability This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the County including any amendments or revisions thereto. Section 1.11 ResponsilAlity for Administration The Stormwater Administrator of the County shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the Stormwater Administrator may be delegated in writing by the Stormwater Administrator to persons or entities acting in the beneficial interest of or in the employ of the County. Section 1.12 Variances All applications for variance must be filed with, and will be considered by, the Brunswick County Board of Commissioners. Section 1.13 Severability The provisions of this Article are hereby declared to be severable. if any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. Section 1.14 Regulatory Consistencx This Article shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. Section 1.15 Ultimate Responsibil& of Discharger The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore, this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. caused by said. person. This Article shall not create liability on the part of the County, or any agent or employee thereof for any damages that result from any discharger's reliance on this Article or any administrative decision lawfully made thereunder. Section 1.16 Stormwater Management (a) Stormwater shall be conveyed through development in an adequately designed drainage system of natural drainage ways, grass ' swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be designed, constructed, and maintained so as to provide natural infiltration, control velocity, control flooding, extend the time of concentration of stormwater runoff, and to control to the Maximum Extent Practicable the impacts of development. Where the above conditions are met and where a development does not require the preparation of a Stormwater Management Plan, as provided in Section 1.16(b) of this ordinance, obtaining a Brunswick County Stormwater Permit is not required. (b) Stormwater Management Plans must be prepared for, and shall be approved by, the Stormwater Administrator pursuant to the application for a Stormwater Permit for: i. All commercial and industrial and other non-residential development and any major subdivision as defined in the Brunswick County Subdivision Ordinance. ii. Any activity that disturbs land within 30 feet of the banks of a stream or other natural waterway "within the County, except when such disturbance is designated as Exempt or Allowable in the Brunswick County Storm Water Management Manual. iii. Any filling or excavation of a parcel that results in a change of land surface of four (4) inches or more; except instances when said filling or excavation is required for on -site sewage treatment systems that is necessary to meet the requirements of the Brunswick County Department of Health (BCDEH) and that is specifically approved and inspected by BCDEH. iv. Any activity*or development that will ultimately result in the disturbance of a total area of one or more acres, except for the following: a) Activity on a bona fide farm, unless the activity is for non -farm purposes. b) Activities on forestland for the production and harvesting of timber and timber products. c) Stormwater Management Plans shall: i. Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the Storm Water Management Manual. ii. Demonstrate through accepted engineering practices described in the Storm Water Management Manual the impacts of the proposed development. Impacts of the proposed developments may include: a) Effects on existing upstream and/or downstream -drainage systems and property. b) Ability of the natural drainage way to handle additional stormwater runoff. e) Site -specific criteria. iii. Demonstrate through accepted engineering practices described in the Storm Water Management Manual that stormwater runoff is adequately conveyed through the development in a drainage system designed to meet the criteria described in the Storm Water Management Manual. iv. Demonstrate through accepted engineering practices described in the Storm Water Management Manual that stormwater facilities control the impacts of the development to the Maximum Extend Practicable and that those facilities are designed to meet the criteria described in the Storm Water Management Manual. d) Stormwater Facilities Inspection and Maintenance Requirements A written inspection and maintenance agreement in a form acceptable to the County Attorney and executed by the applicant of the Stormwater Permit and the owners of the facility, if different than the applicant, shall be provided prior to receiving a Stormwater Permit. The agreement shall provide the following: a) Shall bind the parties thereto and all subsequent owners, successors, and assigns. b) The required inspection maintenance and access of the facility as defined in the Storm Water Management Manual. c) That, if the County directs the correction, repair, replacement, or maintenance of the facility in writing and the actions are not satisfactorily performed within a reasonable time (but not greater than 60 days), the County may, after reasonable notice, enter the land and perform all the necessary work and may assess the owner(s) of the facility .with the cost of the work performed. The owner(s) served by the -facility shall be jointly responsible to the County for the maintenance of the facility and liable for any costs incurred by the County pursuant to the said agreement and all properties are jointly subject to the imposition of the liens for said costs. d) The Inspection and Maintenance Agreement shall be recorded in the Register of Deeds at the expense of the applicant. e) Stormwater facilities shall be included in an easement. The easement shall include the area of the facility, area of ponded water, and enough area for access and maintenance. The easement shall be recorded in the Register of Deeds at the expense of the applicant. Section 1.17 Riparian_ Buffers (a) Riparian buffers shall be maintained on all sides of perennial and. intermittent streams, lakes and other natural waterways as provided in the Storm Water Management Manual. (b) The following are exempt from this riparian buffer requirement: i. Areas along streams or other waterways that are mapped on the USGS quadrangle map or NRCS soils map where such streams or waterways do not actually exist on the ground. ii. Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way. . iii. Where application of these requirements would prevent all prospective use of a lot platted and recorded prior to the effective date of this Ordinance. iv. Water dependent structures provided that those structures shall be designed, constructed, and maintained to provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality. V. Roads, bridges, stormwater management facilities, ponds, .and utilities where no other practical alternative exists. These structures shall be located, designed, constructed, and maintained to have minimal disturbance, provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality. vi. Ditches and manmade conveyances other than modified natural streams. (c) The riparian buffer shall be an undisturbed area extending from the top of channel bank landward a minimum distance of 30 feet measured horizontally on a line perpendicular to the water body. (d) The following activities shall not be allowed in buffer areas: New oh -site sewage systems, which utilize ground adsorption. New structures, except as specifically provided in the Storm Water Management Manual. (e) The riparian buffer shall be maintained by the landowner or homeowners association to maintain sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into the affected stream and consistent with maintenance criteria as set out in the Storm Water Management Manual. (f) Riparian buffer areas shall be designated on recorded plats as easements. The plat shall be included with the Stormwater Permit Application. Division 1I. Discharge Prohibitions Section 2.1 Prohibition of Illegal Discharges No person shall discharge or cause to be discharged into the County storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of this Ordinance: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning, condensation; uncontaminated non -industrial roof drains; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash waters; and flows from fire fighting. (b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of North Carolina under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the County for any discharge to the storm drain system. 10 (c) With written concurrence of the Board of Commissioners, Brunswick County may exempt in writing other non-stormwater discharges,'which are not a source of pollutants to the storm drain system or waters of the U.S. Section 2.2 Prohibition of Illicit Connections (a) The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. (b) This prohibition expressly includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Section 2.3 Waste Disposal Prohibitions No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, Iitter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition. Section 2.4 Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permit. Any person subject to an industrial or construction activity NPDES Stormwater discharge permit shalt comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Stormwater Administrator prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. Division III. Regulations and Requirements Section 3.1 Requirement to Prevent. Control, and Reduce Stormwater Pollutants (a) Authorization to Adopt and Impose Best Management Practices. The County will adopt requirements identifying Best Management Practices for any activity, operation, or facility, that may cause or contribute to pollution or contamination of stormwater, the storm drain -system, or waters of the U.S. as documented in a separate Storm Water Management Manual. Where BMPs. requirements are promulgated by the County or any Federal, State of North Carolina, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Stormwater Administrator will report to the County Board of Commissioners annually on the status of implementation of BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to be developed. BMPs developed under this program will be incorporated as part of the County's Storm Water Management Manual. (b) New Development and Redevelopment. The County may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff EMI from new development and redevelopment projects as may be appropriate to minimize the generation, transport, . and discharge of pollutants. The County shall incorporate such requirements in any land use entitlement and construction or building -related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terns, provisions, and conditions of such land use entitlements and building permits as required in this Article. (c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement BMPs to the Maximum Extend Practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or , other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. BMPs required by the County can be obtained from the Stormwater Administrator's Office by requesting the BMP information appropriate to a commercial or industrial activity from the Storm Water Management Manual. Section 3.2 Requirement to Eliminate Illegal Discharges Notwithstanding the requirements of Division V, Section 5.1 herein, the Stormwater Administrator may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinues the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. Section 3.3 Requirement to Eliminate or Secure Approval for Illicit Connections (a) The Stormwater Administrator may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this Article. (b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request County approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense. Section 3.4. Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the' owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for 12 k maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. Section 3.5 Requirement to Remediate Whenever the Stormwater Administrator finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Stormwater Administrator may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specif ed time pursuant to the provisions of Divisions 4 through 5 below. Section 3.6 Requirement to Monitor and Analyze The Stormwater Administrator may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the U.S., undertake at said person's expense such monitoring and analyses and furnish such reports to the County as deemed necessary to determine compliance with this Article. Section 3.7 Notification of 5pills Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non- hazardous materials, said person shall notify the Stormwater Administrator's Office in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the County's Engineering Services Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Division IV. Inspection and Monitoring Section 4.1 Authority to Inspect Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the Stormwater Administrator has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the Director may enter such premises at all reasonable times to inspect the same .and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the County is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. 13 Section 4.2 Authority to Sample, Establish Samnline Devices, and Test During any inspection as provided herein, the Stormwater Administrator may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. Division V. Enforcement Section 5.1 Violations (a) Whenever there is a failure to follow an approved stormwater management plan or permit, or whenever, by the provisions of this Article, the performance of any act is required or prohibited, or any regulation or limitation is imposed on the use of any land, or the erection, alteration, use or change of use of any structure, a failure to comply with such provisions shall constitute a violation of this Article. (b) Any owner, tenant or occupant of any land, structure or part thereof, and any architect, engineer, designer, builder, contractor, consultant, agent or other person who, acting individually or in concert, designs or constructs any system, structure or part thereof, or otherwise directs, assists, allows or participates, either directly or indirectly, in any conduct or activity which creates or maintains a situation that is contrary to the requirements contained in this Article may be held responsible for the violation and therefore subject to the penalties and remedies contained herein. Section 5.2 Notice of Violation (a) Upon determining that a violation of this Article has occurred, the Stormwatcr Administrator shall deliver a written notice to the person(s) responsible for the violation by personal service or by registered or certified wail, return receipt requested, indicating the nature of the violation and ordering the action necessary to correct it. Such notice may require, without limitation: The performance of monitoring, analyses and reporting; ii. The elimination of all illicit connections, practices, operations or discharges; iii. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; iv. Payment of a fine or civil penalty; and/or V. The implementation of source control or treatment BMPs. (b) The final notice of violation, which may also be the initial notice, shall in addition to the above, include the words FINAL NOTICE OF VIOLATION in the heading, state the action the County intends to take if the violation is not corrected, and shall advise that the Stormwater Administrator's order may be appealed as provided in Section 5.4 of this Article. (c) If abatement of a violation and/or remediation of affected property are required, the notice shall set forth a deadline by which such abatement and/or remediation must be completed. 14 Section 5.3 Penalties,- Fines and Remedies (a) .Any violation of any provision of this Stormwater Management Ordinance, including but not limited to illegal discharge, shall constitute a misdemeanor and subject the violator to a criminal fine of five hundred dollars ($500.00) or imprisonment for up to twenty (20) days as provided in N.C.G.S. §§14-4 and 15A-1340.23. (b) Civil penalties imposed for illegal discharge will be as follows: First time offenders will be assessed a civil penalty of one hundred dollars ($100.00) per violation or per day for a continuing violation if the quantity of the discharge is equal to or less than five (5) gallons and consists of domestic or household products. If the quantity of the discharge is greater than five (5) gallons or contains non -domestic substances the offending party will be assessed a civil . penalty of two hundred fifty dollars ($250.00) per violation or per day for a continuing violation. ii. Penalties imposed upon repeat offenders willfully committing violations which are identical or substantially similar to previous violations will be double the amount assessed for the prior violation, but will in no event exceed ten thousand dollars ($10,000.00) per violation or per day for a continuing violation. (c) All other acts or conditions constituting a violation of this Article shall subject the offender to a civil penalty of two hundred dollars ($200.00). (d) The assessment of a civil penalty may be appealed as provided in Section 5.4 of this Article. (e) Each day a violation continues beyond the deadline for voluntary compliance established in the final notice of violation shall constitute a separate and distinct offense for purposes of the penalties and remedies provided herein. (f) The County may recover, by way of a civil action in the nature of a debt, any civil penalty not paid within thirty (30) days of the violating parry's receipt of written notice imposing such penalty, or within thirty (30) days of that parry's receiving written notice of a decision of the Board of County Commissioners, or the County. Manager if no appeal is taken therefrom, affirming the imposition of the penalty. (g) In addition to the penalties and fines set forth above, the County may enforce the provisions of this Ordinance by seeking appropriate equitable remedies from the General Court of Justice, including injunctions and orders of abatement. Section 5.4 Appeals This section applies to all appeals except those concerning abatement by the County of situations dangerous or prejudicial to the public health which are discussed in Section 5.5 below. Any person aggrieved by a final decision of the Stormwater Administrator, including but not limited to the issuance of a notice of violation, denial of a permit or the assessment of civil penalties, may appeal that decision to the County Manager for the County of Brunswick. Such appeals shall be in writing, signed by the appealing party(ies) and shall identify with specificity the final decision being appealed, the date they received notice of that decision, and contain a detailed statement of the reason or basis for the appeal. All appeals shall be filed with the office of the County Manager within fifteen (15) days of receiving final notice of the Stormwater Administrator's decision. The time period for appeal from a decision of the 15 Stormwater Administrator denying a permit will commence to run from the date of receipt of written notification of such denial. The time period for all other appeals from the Stormwater Administrator will commence to run from the date of receipt of the FINAL NOTICE OF VIOLATION. A hearing on an appeal to the County Manager will take place within ten (10) working days of the date of filing of the notice of appeal. , Any party(ies) not satisfied with the decision of the County Manager may appeal his/her decision to the Board of County Commissioners. Such appeals shall be filed with the Clerk to the Board of Commissioners within fifteen (15) days of receiving written notice of the County Manager's decision. All appeals must be in writing, signed by the appealing party(ies) and shall identify with specificity the final decision being appealed, the date they received notice of that decision, and contain a detailed statement of the reason or basis for the appeal. Section 5.5 Abatement by County of Situations Dangerous or Prejudicial to the Public Health Pursuant to the authority contained in -N.C.G.S. §§153A-121 and 153A-140, the Stormwater Administrator is hereby authorized to require immediate abatement of any violation of this Article which is dangerous or prejudicial to the health, safety and welfare of the citizens of Brunswick County. If any person or entity feels that such order for immediate abatement is in error, they may appeal the order to the Board of County Commissioners within seven (7) days of receiving written notice of the order. Such appeals shall be in the form of a signed writing filed with. the CIerk to the Board of Commissioners and shall include a detailed statement of the reason or basis for the appeal. Any person or entity aggrieved by a decision of the Board of Commissioners affirming an order of immediate abatement may appeal such decision to the General Court of Justice within thirty days of receiving written notification of such decision. If at any point the time for an appeal lapses and the violating condition still exists, the County shall have authority to enter upon such premises to remove, abate, or remedy everything that is dangerous or prejudicial to the public health. The cost of such actions taken by the County shall be paid by the person or entity in default within thirty days of receiving written notice of such costs. If these costs are not so paid, they shall thereafter become and constitute a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. No relief obtained by the County under this Section shall prevent the County from seeking other and further relief as authorized under this Article. Section 5.6 Acts Potentially Resulting in a Violation of the Federal Clean Water Act Any person(s) whose acts or omissions constitute violations of this Article may also, by virtue of the same acts or omissions, be in violation of the Federal Clean Water Act and therefore subject to additional sanctions associated with that Act, including any civil and criminal penalties contained therein. Any enforcement action authorized under this Article shall also include written notice to the violator of such potential liability. SECTION 2. This Ordinance shall be in full force and effect on September 16, 2002. 16 U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: HAZARDOUS WILDLIFE ATTRACTANTS Date: July 27, 2004 AC No: 150/5200-33A ON OR NEAR AIRPORTS Initiated by: AAS-300 Change: 1. PURPOSE. This Advisory Circular (AC) provides guidance on certain land uses that have the potential to attract hazardous wildlife on or near public -use airports. It also discusses airport development projects (including airport construction, expansion, and renovation) affecting aircraft movement near hazardous wildlife attractants. Appendix 1 provides definitions of terms used in this AC. 2. APPLICABILITY. The Federal Aviation Administration (FAA) recommends that public -use airport operators implement the standards and practices contained in this AC. The holders of Airport Operating Certificates issued under Title 14, Code of Federal Regulations (CFR), Part 139, Certification of Airports, Subpart D (Part 139), may use the standards, practices, and recommendations contained in this AC to comply with the wildlife hazard management requirements of Part 139. Airports that have received Federal grant-in-aid assistance must use these standards. The FAA also recommends the guidance in this AC for land -use planners, operators of non -certificated airports, and developers of projects, facilities, and activities on or near airports. 3. CANCELLATION. This AC cancels AC 150/5200-33, Hazardous Wildlife Attractants on or near Airports, dated May 1, 1997. 4. PRINCIPAL CHANGES. This AC contains the following major changes: a. Reorganized outline of the AC. b. Expanded Table 1 to include updated information from the Special Report for the FAA, Ranking the Hazard Level of Wildlife Species to Civil Aviation in the USA: Update #1, July 2, 2003". c. Removed Table 2, which outlined the distances between certain airport features and any on- airport.�gricultural crops, and relocated the discussion of on -airport agricultural activities to Paragraph 2-6. d. Added text about the basis for separation distances between wildlife hazards and airport movement areas and added Figure 1 depicting the separation distances. e. Added options for wetland mitigation for impacts from airport projects, including mitigation banking. f. Further recognized the importance of the Wildlife Hazard Management Plan (WHMP). 5. BACKGROUND. Information about the risks posed to aircraft by certain wildlife species has increased a great deal in recent years. Improved reporting, studies, documentation, and statistics clearly show that aircraft collisions with birds and other wildlife are a serious economic and public safety problem. While many species of wildlife can pose a threat to aircraft safety, they are not equally hazardous. Table 1 ranks the wildlife groups commonly involved in damaging strikes in the United States according to their relative hazard to aircraft. The ranking is based on the 47,212 records in the FAA National Wildlife Strike Database for the years 1990 through 2003. These hazard rankings, in conjunction with site -specific WHAs, will help airport operators determine the relative abundance and use patterns of wildlife species and help focus hazardous wildlife management efforts on those species most likely to cause_ problems at an airport. AC 15015200-33A 7/27/2004 Most public -use airports have large tracts of open, undeveloped land that provide added margins of safety and noise mitigation. These areas can also present potential hazards to aviation if they encourage wildlife to enter an airport's approach or departure airspace or air operations area (AOA). Constructed or natural areas —such as poorly drained locations, detention/retention ponds, roosting habitats on buildings, landscaping, odor -causing rotting organic matter (putrescible waste) disposal operations, wastewater treatment plants, agricultural or aquaculture activities, surface mining, or wetlands —can provide wildlife with ideal locations for feeding, loafing, reproduction, and escape. Even small facilities, such as fast food restaurants, taxicab staging areas, rental car facilities, aircraft viewing areas, and public parks, can produce substantial attractions for hazardous wildlife. During the past century, wildlife -aircraft strikes have resulted in the loss of hundreds of lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife attractants, on and near airports can jeopardize future airport expansion, making proper community land -use planning essential. This AC provides airport operators and those parties with whom they cooperate with the guidance they need to assess and address potentially hazardous wildlife attractants when locating new facilities and implementing certain land -use practices on or near public -use airports. 6. MEMORANDUM OF AGREEMENT BETWEEN FEDERAL RESOURCE AGENCIES. The FAA,'the U.S. Air Force, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Wildlife Services signed a Memorandum of Agreement (MOA) (final signature July 2003) to acknowledge their respective missions in protecting aviation from wildlife hazards. Through the MOA, the agencies established procedures necessary to coordinate their missions to address more effectively existing and future environmental conditions contributing to collisions between wildlife and aircraft (wildlife strikes) throughout the United States. These efforts are intended to minimize wildlife risks to aviation and human safety while protecting the Nation's valuable environmental resources. DAVID L. BENNETT Director, Office of Airport Safety and Standards 7/27/2004 AC 150/5200-33A Table 1. Ranking of 25 species groups as to relative hazard to aircraft (1=most hazardous) based on three criteria (damage, major damage, and effect -on -Flight), a composite ranking based on all three rankings, and a relative hazard score. Data were derived from the FAA National Wildlife Strike Database, January 1990—April 2003.' Ranking by criteria Species group 4 Damage g Major s Effect on s Composite a rannking Relative 3 hazard score damage flight Deer 1 1 1 1 100 Vultures 2 2 2 2 64 Geese 3 3 6 3 55 _ Cormorants/pelicans 4 5 3 4 54 Cranes 7 6 4 5 47 Eagles 6 9 7 6 41 • Ducks 5 8 10 7 39 Osprey 8 4 8 8 39 - Turkey/pheasants .9 7 11 9 33 Herons 11 14 9 10 27 Hawks (buteos) 10 12 12 11 25 Gulls 12 11 13 12 24 Rock pigeon 13 10 14 13 23 Owls 14 13 20 14 23 H. iark/s. bunting 18 15 15 15 17 Crows/ravens 15 16 16 16 16 Coyote 16 19 5 17 14 Mourning dove 17 17 17 18 14 Shorebirds 19 21 18 19 10 Blackbirdststarling 20 22 19 20 10 American kestrel 21 18 21 21 9 Meadowlarks 22 20 22 22 7 Swallows 24 23 24 23 4 Sparrows 25 24 23 24 4 _Nighthawks 23 25 25 25 1 ' Excerpted from the Special Report for the FAA, Ranking the Hazard Level of Wildlife Species to Civil''"` Aviation in the USA: Update #1, July 2, 2003' Refer to this report for additional explanations of criteria and method of ranking. z Relative rank of each species group was compared with every other group for the three variables, placing the species group with the greatest hazard rank for > 2 of the 3 variables above the next highest ranked group, then proceeding down the list. 3 Percentage values, from Tables 3 and 4 in Footnote 1 of the Special Report, for the three criteria were summed and scaled down from 100, with 100 as the score for the species group with the maximum summed values and the greatest potential hazard to aircraft. 4 Aircraft incurred at least some damage (destroyed, substantial, minor, or unknown) from strike. 5 Aircraft incurred damage or structural failure, which adversely affected the structure strength, performance, or flight characteristics, and which would normally require major repair or replacement of the affected component, or the damage sustained makes it inadvisable to restore aircraft to airworthy condition. B Aborted takeoff, engine shutdown, precautionary landing, or other. f1fl AC 150/5200-33A 7/27/2004 TABLE OF CONTENTS SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS .............................................. 1 1-1. INTRODUCTION ......................................... 1-2. AIRPORTS SERVING PISTON -POWERED AIRCRAFT.........................................................1 1-3. AIRPORTS SERVING TURBINE -POWERED AIRCRAFT.......................................................1 14. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE ........................1 SECTION 2. LAND -USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT HAZARDOUS WILDLIFE......................................................... 3 2-1. GENERAL..................................................................................................................................3 2-2. WASTE DISPOSAL OPERATIONS ........................................ ... 3 ............................................... 2-3. WATER MANAGEMENT FACILITIES...................................................................................... 5 2-4. WETLANDS....................................................................................................................... ...... 6 2-5. DREDGE SPOIL CONTAINMENT AREAS...............................................................................8 2-6. AGRICULTURAL ACTIVJfIES.................................................................................................. 8 2-7. GOLF COURSES, LANDSCAPING AND OTHER LAND -USE CONSIDERATIONS...............8 2-8. SYNERGISTIC EFFECTS OF SURROUNDING LAND USES.................................................9 SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF PUBLIC -USE AIRPORTS ........................................... 11 3.1. INTRODUCTION..............................................................................................................................11 3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS.....................------............................................11 3-3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR AIRPORT PERSONNEL.......................................................................................................................11 3-4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL REGULATIONS, TPART 139............................................................................................................................11 i 3-5. WILDLIFE HAZARD MANAGEMENT PLAN(WHMP)............................................................11 3-6. LOCAL COORDINATION.......................................................................................................12 3-7. COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS ............................12 SECTION 4. FAA REVIEW OF PROPOSED LAND -USE CHANGES .......................... 13 4-1, FAA REVIEW OF PROPOSED LAND -USE CHANGES........................................................13 7F?: WASTE AJANAGEMENT FACILITIES... .............:....:.............................................................13 4-3. OTHER LAND -USE PRACTICE CHANGES ....................... APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR..15 7/27/2004 AC 150/5200-33A SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS. 1-1. INTRODUCTION. When considering proposed land uses, airport operators, local planners, and developers must take into account whether the proposed land uses, including new development projects, will increase wildlife hazards. Land -use practices that attract or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife strikes. The FAA recommends the minimum separation criteria outlined below for land -use practices that attract hazardous wildlife to the vicinity of airports. Please note that FAA criteria include land uses that cause movement of hazardous wildlife onto, into, or across the airport's approach or departure airspace or air operations area (AOA). (See the discussion of the synergistic effects of surrounding land uses in Section 2-8 of this AC.) The basis for the separation criteria contained in this section can be found in existing FAA regulations. The separation distances are based on (1) Right patterns of piston -powered aircraft and turbine -powered aircraft, (2) the altitude at which most strikes happen (78 percent occur under 1,000 feet and 90 percerit occur under 3,000 feet above ground level), and (3) National Transportation Safety Board (NTSB) recommendations. 1-2.AIRPORTS SERVING PISTON -POWERED AIRCRAFT. Airports that do not sell Jet=A fuel normally serve piston -powered aircraft. Notwithstanding more stringent requirements for specific land uses, the FAA recommends a separation distance of 5,000 feet at these airports for any of the hazardous wildlife attractants mentioned in Section 2 or for new airport development projects meant to accommodate aircraft movement. This distance is to be maintained between an airport's AOA and the hazardous wildlife attractant. Figure 1 depicts this separation distance measured from the nearest aircraft operations areas. 1-3-AIRPORTS SERVING TURBINE -POWERED AIRCRAFT. Airports selling Je# A fuel normally serve turbine -powered aircraft. Notwithstanding more stringent requirements for specific land uses, the FAA recommends a separation distance of 10,000 feet at these airports for any of the hazardous wildlife attractants mentioned in Section 2 or for new airport development projects meant to accommodate aircraft movement. This distance is to be maintained between an airport's AOA and the hazardous wildlife attractant. Figure 1 depicts this separation distance from the nearest aircraft movement areas. 1-4.PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE. For all airports, the '*4- AA recommends�a distance of 5 statute miles between the farthest edge of -the airport's AOA and ttT>�';' hazardous wildlife attractant if the a#iractant could cause hazardous wildlife movement into or across the approach or departure airspace. AC 150/5200-33A 7/27/2004 Figure 1. Separation distances within which hazardous wildlife attractants should be avoided, eliminated, or mitigated. _ . . . . it �PER] METER A 'I . `. 4 � `.fir—r-. . `�.-�-'�-�-o'-��. `z ... • .—.. _� . �_�_y. .RJ W . ... ` F�ERWETER G • ` PERIMETER A: For airports serving piston -powered aircraft, hazardous wildlife attractants must be 5,000 feet from the nearest air operations area. a PERIMETER B: For airports serving turbine -powered aircraft, hazardous wildlife attractants must be 10,000 feet from the nearest air operations area. PERIMETER C: 5-mile range to protect approach, departure and circling airspace. s 2 7/27/2004 AC 150/5200-33A SECTION 2. LAND -USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT HAZARDOUS WILDLIFE. 2-1.GENERAL. The wildlife species and the size of the populations attracted to the airport environment vary considerably, depending on several factors, including land -use practices on or near the airport. This section discusses land -use practices having the potential to attract hazardous wildlife and threaten aviation safety. in addition to the specific considerations outlined below, airport operators should refer to Wildlife Hazard Management at Airports, prepared by FAA and U.S. Department of Agriculture (USDA) staff_ (This manual is available in English, Spanish, and French. It can be viewed and downloaded free of charge from the FAA's wildlife hazard mitigation web site: http:/lwildlife-mitigation.tc.faa.gov.). And, Prevention and Control of Wildlife Damage, compiled by the University of Nebraska Cooperative Extension Division. (This manual is available online in a periodically updated version at: ianrwww.unl.edulwildlife solutionslhandbook/.) 2.2.WASTE DISPOSAL OPERATIONS. Municipal solid waste landfills (MSWLs) are known to attract large numbers of hazardous wildlife, particularly birds. Because of this, these operations, when located within the separations identified in the siting criteria in Sections 1-2 ttirough 1A, are considered incompatible with safe airport operations. a. Siting for new municipal solid waste landfills subject to AIR 21. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21 st Century (Public Law 106- 181) (AIR 21) prohibits the construction or establishment of a new MSWL within 6 statute miles of certain public -use airports. Before these prohibitions apply, both the airport and the landfill must meet the very specific conditions described below. These restrictions do not apply to airports or landfills located within the state of Alaska. The airport must (1) have received a Federal grant(s) under 49 U.S.C. § 47101, et. seq.; (2) be under control of a public agency; (3) serve some scheduled air carrier operations conducted in aircraft with less than 60 seats; and (4) have total annual enplanements consisting of at least 51 percent of scheduled air carrier enplanements conducted in aircraft with less than 60 passenger seats. The proposed MSWL must (1) be within 6 miles of the airport, as measured from airport property line to MSWL property line, and (2) have started construction or establishment on or after April 5, 2001. Public Law 106-181 only limits the construction or establishment of some new MSWLs. It does not limit the expansion, either vertical or horizontal, of existing landfills. NOTE: Consult the most recent version of AC 150/5200-34, Construction or Establishment of Landfills Near Public Airports, for a more detailed discussion of these restrictions. b. Siting for new MSWLs not subject to AIR 21. If an airport and MSWL do not meet the restrictions of Public Law 106-181, the FAA recommends against locating MSWLs within the separation distances identified in Sections 1-2 through 1-4. The separation distances should be measured from the closest point of the airport's AOA to the closest planned MSWL cell. r c. Considerations for existing waste disposal facilities within the limits of separation criteria. The FAA recommends against airport development projects that would increase the number of aircraft operations or accommodate larger or faster aircraft near MSWL operations located within the separations identified in Sections 1-2 through 1-4. in addition, in accordance with 40 CFR 258.10, owners or operators of existing MSWL units that are located within the separations listed in Sections 1-2 through 14 must demonstrate that the unit is designed and operated so it does not pose a bird hazard to aircraft. (See Sections 4-3(b) and 4-3(c) of this i AC for a discussion of this demonstration requirement.) AC 150/5200-33A 7/27/2004 d. Enclosed trash transfer stations. Enclosed waste -handling facilities that receive garbage behind closed doors; process it via compaction, incineration, or similar manner; and remove all residue by enclosed vehicles generally are compatible with safe airport operations, provided they are not located on airport property or within the Runway Protection Zone (RPZ). These facilities should not handle or store putrescible waste outside or in a partially enclosed structure accessible to hazardous wildlife. Trash transfer facilities that are open on one or more sides; that store uncovered quantities of municipal solid waste outside, even if only for a short time; that use semi -trailers that leak or have trash clinging to the outside; or that do not control odors by ventilation and filtration systems (odor masking is not acceptable) do not meet the FAA's definition of fully enclosed trash transfer stations. The FAA considers these facilities incompatible with safe airport operations if they are located closer than the separation distances specified in Sections 1-2 through 14. e. Composting operations on or near airport property. Composting operations that accept only yard waste (e.g., leaves, lawn clippings, or branches) generally do not attract hazardous wildlife. Sewage sludge, woodchips, and similar material are not municipal solid wastes and may be used as compost bulking agents. The compost, however, must never include food or other municipal solid waste. Composting operations should not be located on airport property. Off -airport property composting operations should be located no closer than the greater of the following distances: 1,200 feet from any AOA or the distance called for by airport design requirements (see AC 15015300-13, Airport Design). This spacing should prevent material, personnel, or equipment from penetrating any Object Free Area (OFA), Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway. Airport operators should monitor composting operations located in proximity to the airport to ensure that steam or thermal rise does not adversely affect air traffic. On -airport disposal of compost by-products should not be conducted for the reasons stated in 2-3f. f. Underwater waste discharges. The FAA recommends against the underwater discharge of any food waste (e.g., fish processing offal) within the separations identified in Sections 1-2 through 1-4 because it could attract scavenging hazardous wildlife. g. Recycling centers. Recycling centers that accept previously sorted non-food items, such as glass, newspaper, cardboard, or aluminum, are, in most cases, not attractive to hazardous wildlife and are acceptable. h. Construction and demolition (C&D) debris facilities. C&D landfills do not generally attract hazardous wildlife and are acceptable if maintained in an orderly manner, admit no putrescible waste, and are not co -located with other waste disposal operations. However, C&D landfills have similar, visual and operational characteristics to putrescible waste disposal sites. When co4ocated with putrescible waste disposal operations, C&D landfills are more likely to attract hazardous wildlife because of the similarities between these disposal facilities. Therefore, a C&D landfill co -located with another waste disposal operation should be located outside of the separations identified in Sections 1-2 through 14. 1. Fly ash disposal. The incinerated residue from resource recovery power/heat-generating facilities that are fired by municipal solid waste, coal, or wood is generally not a wildlife attractant because it no longer contains putrescible matter. Landfills accepting only fly ash are . generally not considered to be wildlife attractants and are acceptable as long as they are maintained in an orderly manner, admit no putrescible waste of any kind, and are not co - located with other disposal operations that attract hazardous wildlife. Since varying degrees of waste consumption are associated with general incineration (not resource recovery power/heat-generating facilities), the FAA considers the ash from general incinerators a regular waste disposal by-product and, therefore, a hazardous wildlife attractant if disposed of within the separation criteria outlined in Sections 1-2 through 1-4. 4 7/27/2004 AC 150/5200-33A 2-3-WATER MANAGEMENT FACILITIES. Drinking water intake and treatment facilities, stormwater and wastewater treatment facilities, associated retention and settling ponds, ponds built for recreational use, and ponds that result from mining activities often attract large numbers of potentially hazardous wildlife. To prevent wildlife hazards, land -use developers and airport operators may need to develop management plans, in compliance with local and state regulations, to support the operation of stormwater management facilities on or near all public -use airports to ensure a safe airport environment. a. Existing stormwater management facilities. On -airport stormwater management facilities allow the quick removal of surface water, including discharges related to aircraft deicing, from impervious surfaces, such as pavement and tenninalthangar building roofs. Existing on -airport detention ponds collect stormwater, protect water quality, and control runoff. Because they slowly release water after storms, they create standing bodies of water that can attract hazardous wildlife. Where the airport has developed a WHMP in accordance with Part 139, the FAA requires immediate correction of any wildlife hazards arising from existing stormwater facilities located on or near airports, using appropriate wildlife hazard mitigation techniques. Airport operators should develop measures to minimize hazardous wildlife attraction in consultation with a wildlife damage management biologist. Where possible, airport operators should modify stormwater detention ponds to allow a maximum 48-hour detention period for the design storm. The FAA recommends that airport operators avoid or remove retention ponds and detention ponds featuring dead storage to eliminate standing water. Detention basins should remain totally dry between rainfalls. Where constant flow of water is anticipated through the basin, or where any portion of the basin bottom may remain wet, the detention facility should include a concrete or paved pad and/or ditch/swale in the bottom to prevent vegetation that may provide nesting habitat. When it is not possible to drain a large detention pond completely, airport operators may use physical barriers, such as bird balls, wires grids, pillows, or netting, to deter birds and other _ hazardous wildlife. When physical barriers are used, airport operators must evaluate their use and ensure they will not adversely affect water rescue. Before installing any physical barriers over detention ponds on Part 139 airports, airport operators must get approval from the appropriate FAA Regional Airports Division Office. The FAA recommends that airport operators encourage off -airport stormwater treatment facility operators to incorporate appropriate wildlife hazard mitigation techniques into stormwater treatment facility operating practices when their facility is located within the separation criteria specified in Sections 1-2 through 1-4. b. New stormwater management facilities.'' 'The FAA strongly recommences that off -airport stormwater management systems located within the separations identified in Sections 1-2 through 1-4 be designed and operated so as not to create above -ground standing water. On - airport stormwater detention ponds should, be designed, engineered, constructed, and maintained for a maximum 48--hour detention period for the design storm and remain completely dry between storms. To facilitate the control of hazardous wildlife, the FAA recommends the use of steep -sided, narrow, linearly shaped water detention basins. When it is not possible to place these -ponds away from an airport's AOA, airport operators should use physical barriers, such as bird balls, wires grids, pillows, or netting, to prevent access of hazardous wildlife to open water and minimize aircraft -wildlife interactions. When physical barriers are used, airport operators must evaluate their use and ensure they will not adversely affect water rescue. Before installing any physical barriers over detention ponds on Part 139 airports, airport operators must get approval from the appropriate FAA Regional Airports Division Office. All vegetation in or around detention basins that provide food or cover for hazardous wildlife should be eliminated. If soil conditions and other requirements allow, the FAA encourages the use of underground stormwater infiltration systems, such as French drains or buried rock fields, because they are less attractive to wildlife. AC 150/5200-33A 7/27/2004 c. Existing wastewater treatment facilities. The FAA strongly recommends that airport operators immediately correct any wildlife hazards arising from existing wastewater treatment facilities located on or near the airport. Where required, a WHMP developed in accordance with Part 139 will outline appropriate wildlife hazard mitigation techniques. Accordingly, airport operators should encourage wastewater treatment facility operators to incorporate measures, developed in consultation with a wildlife damage management biologist, to minimize hazardous wildlife attractants. Airport operators should also encourage those wastewater treatment facility operators to incorporate these mitigation techniques into their standard operating practices. In addition, airport operators should consider the existence of wastewater treatment facilities when evaluating proposed sites for new airport development projects and avoid such sites when practicable. d. New wastewater treatment facilities. The FAA strongly recommends against the construction of new wastewater treatment facilities or associated settling ponds within the separations identified in Sections 1-2 through 1-4. Appendix 1 defines wastewater treatment facility as "any devices and/or systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes.' The definition includes any pretreatment involving the reduction of the amount of pollutants or the elimination of pollutants prior to introducing such pollutants into a publicly owned treatment works (wastewater treatment facility). During the site -location analysis for wastewater treatment facilities, developers should consider the potential to attract hazardous wildlife if an airport is in the vicinity of the proposed site, and airport operators should voice their opposition to such fadlities if they are in proximity to the airport. e. Artificial marshes. In warmer climates, wastewater treatment facilities sometimes employ artificial marshes and use submergent and emergent aquatic vegetation as natural filters. These artificial marshes may be used by some species of flocking birds, such as blackbirds and waterfowl, for breeding or roosting activities. The FAA strongly recommends against establishing artificial marshes within the separations identified in Sections 1-2 through 1-4. f. Wastewater discharge and sludge disposal. The FAA recommends against the discharge of wastewater or sludge on airport property because it may improve soil moisture and quality on unpaved areas and lead to improved turf growth that can be an attractive food source for many species of animals. Also, the turf requires more frequent mowing, which in turn may mutilate or flush insects or small animals and produce straw, both of which can attract hazardous wildlife. In addition, the improved turf may attract grazing wildlife, such as deer and geese. Problems may also occur when discharges saturate unpaved airport areas. The resultant soft, muddy conditions can severely restrict or prevent emergency vehicles from. reaching accident sites in a timely manner. 2-4. WETi.ANDS. Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species (Table 1). NOTE: If questions exist as to whether an area qualifies as a wetland, contact the local division of the U.S. Army Corps of Engineers, the Natural Resources Conservation Service, or a wetland consultant qualified to delineate wetlands. a. Existing wetlands on or near airport property. If wetlands are located on or near airport property, airport operators should be alert to any wildlife use or habitat changes in these areas that could affect safe aircraft operations. At public -use airports, the FAA recommends immediately correcting, in cooperation with local, state, and Federal regulatory agencies, any wildlife hazards arising from existing wetlands located on or near airports. Where required, a WHMP will outline appropriate wildlife hazard mitigation techniques. Accordingly, airport operators should develop measures to minimize hazardous wildlife attraction in consultation with a wildlife damage management biologist. M 7/27/2004 AC 150/5200-33A b. New airport development. Whenever possible, the FAA recommends locating new airports using the separations from wetlands identified in Sections 1-2 through 1-4. Where alternative sites are not practicable, or when airport operators are expanding an existing airport into or near wetlands, a wildlife damage management biologist, in consultation with the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the state wildlife management agency should evaluate the wildlife hazards and prepare a WHMP that indicates methods of minimizing the hazards. c. Mitigation for wetland Impacts from airport projects. Wetland mitigation may be necessary when unavoidable wetland disturbances result from new airport development projects or projects required to correct wildlife hazards from wetlands. Wetland mitigation must be designed so it does not create a wildlife hazard. The FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations identified in Sections 1-2 through 14. (1) Onsite mitigation of wetland functions. The FAA may consider exceptions to locating mitigation activities outside the separations identified in Sections 1-2 through 14 if the affected wetlands provide unique ecological functions',' such as critical habitat for threatened or endangered species or ground water recharge, which cannot be replicated when moved to a different location. Using existing airport property is sometimes the only feasible way to achieve the mitigation ratios mandated in regulatory orders and/or settlement agreements with the resource agencies. Conservation easements are an additional means of providing mitigation for project impacts. "typically the airport operator continues to own the property, and an easement is created stipulating that the property will be maintained as habitat for state or Federally listed species. Mitigation must not inhibit the airport operator's ability to effectively control hazardous wildlife on or near the mitigation site or effectively maintain other aspects of safe airport operations. Enhancing such mitigation areas to attract hazardous wildlife must be avoided. The FAA will review any onsite mitigation proposals to determine compatibility with safe airport operations. A wildlife damage management biologist should evaluate any wetland mitigation projects that are needed to protect unique wetland functions and that must be located in the separation criteria in Sections 1-2 through 1-4 before the mitigation is implemented. A WHMP should be developed to reduce the wildlife hazards. J (2) Offsite mitigation of wetland functions. The FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the _separations identified in Sections 1-2 through 1-4 unless they provide unique functions ttiai�must remain onsite'(see 2- 4c(1)). Agencies that regulate impacts to or around wetlands recognize that it may be necessary to split wetland functions in mitigation schemes. Therefore, regulatory agencies may, under certain circumstances, allow portions of mitigation to take place in different locations. (3) Mitigation banking. Wetland mitigation banking is the creation or restoration of wetlands in order to provide mitigation credits that can be used to offset permitted wetland losses. Mitigation banking benefits wetland resources by providing advance replacement for permitted wetland losses; consolidating small projects into larger, better -designed and managed units; and encouraging integration of wetland mitigation projects with watershed planning. This last benefit is most helpful for airport projects, as wetland impacts mitigated outside of the separations identified in Sections 1-2 through 1-4 can still be located within the same watershed. Wetland mitigation banks meeting the separation criteria offer an ecologically sound approach to mitigation in these situations. Airport operators should work with local ;. watershed management agencies or organizations to develop mitigation banking for wetland impacts on airport property. AC 150/5200-33A 7/27/2004 2-5.DREDGE SPOIL CONTAINMENT AREAS. The FAA recommends against locating dredge spoil containment areas (also known as Confined Disposal Facilities) within the separations identified in Sections 1-2 through 1-4 if the containment area or the spoils contain material that would attract hazardous wildlife. 2-6.AGRICULTURAL ACTIVITIES. Because most, if not all, agricultural crops can attract hazardous wildlife during some phase of production, the FAA recommends against the used of airport property for agricultural production, including hay crops, within the separations identified in Sections 1-2 through 1-4. . If the airport has no financial alternative to agricultural crops to produce income necessary to maintain the viability of the airport, then the airport shall follow the crop distance guidelines listed in the table titled "Minimum Distances between Certain Airport Features and Any On -Airport Agricultural Crops" found in AC 15015300-13, Airport Design, Appendix 19. The cost of wildlife control and potential accidents should be weighed against the income produced by the on -airport crops when deciding whether to allow crops on the airport. a. Livestock production. Confined livestock operations (i.e., feedlots, dairy operations, hog or chicken production facilities, or egg laying operations) often attract flocking birds, such as starlings, that pose a hazard to aviation. Therefore, The FAA recommends against such facilities within the separations identified in Sections 1-2 through 14. Any livestock operation Within these separations should have a program developed to reduce the attractiveness of the site to species that are hazardous to' aviation safety. Free -ranging livestock must not be grazed on airport property because the animals may wander onto the AOA. Furthermore, livestock feed, water, and manure may attract birds. b. Aquaculture. Aquaculture activities (i.e. catfish or trout production) conducted outside of fully enclosed buildings are inherently attractive to a wide variety of birds. Existing aquaculture facilities/activities within the separations listed in Sections 1-2 through 1-4 must have a program developed to reduce the attractiveness of the sites to species that are hazardous to aviation safety. Airport operators should also oppose the establishment of new aquaculture facilities/activities within the separations listed in Sections 1-2 through 14. c. Altemative uses of agricultural land. Some airports are surrounded by vast areas of fanned land within the distances specified in Sections 1-2 through 1-4. Seasonal uses of agricultural land for activities such as hunting can create a hazardous wildlife situation. In some areas, farmers will rent their land for hunting purposes. Rice farmers, for example, flood their land during waterfowl hunting season and obtain additional revenue by renting out duck blinds. The duck hunters then use decoys and call in hundreds, if not thousands, of birds, creating a tremendous threat to aircraft safety: A wildlife damage management biologist�should review, in coordination with local farmers and producers, these types of seasonal land uses and incorporate them into the WHMP. 2-7-GOLF COURSES, LANDSCAPING AND OTHER LAND -USE CONSIDERATIONS. a. Golf courses. The large grassy areas and open water found on most golf courses are attractive to hazardous wildlife, particularly Canada geese and some species of gulls. These species can pose a threat to aviation safety. The FAA recommends against construction of new golf courses within the separations identified in Sections 1-2 through 1-4. Existing golf courses located within these separations must develop a program to reduce the attractiveness of the sites to species that are hazardous to aviation safety. Airport operators should ensure these golf courses are monitored on a continuing basis for the presence of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be immediately implemented. b. Landscaping and landscape maintenance. Depending on its geographic location, landscaping can attract hazardous wildlife. The FAA recommends that airport operators h 7/27/2004 AC 150/5200-33A approach landscaping with caution and confine it to airport areas not associated with aircraft movements. A wildlife damage management biologist should review all landscaping plans. Airport operators should also monitor all landscaped areas on a continuing basis for the presence of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be immediately implemented. Turf grass areas can be highly attractive to a variety of hazardous wildlife species. Research conducted by the USDA Wildlife Services' National Wildlife Research Center has shown that no one grass management regime will deter all species of hazardous wildlife in all situations. In cooperation with wildlife damage management biologist, airport operators should develop airport turf grass management plans on a prescription basis, depending on the airport's geographic locations and the type of hazardous wildlife likely to frequent the airport Airport operators should ensure that plant varieties attractive to hazardous wildlife are not used on the airport. Disturbed areas or areas in need of re -vegetating should not be planted with seed mixtures containing millet or any other large -seed producing grass. For airport property already planted with seed mixtures containing millet, rye grass, or other large -seed producing grasses, the FAA recommends disking, plowing, or another suitable agricultural practice to prevent plant maturation and seed head production. Plantings should follow the specific recommendations for grass management and seed and plant selection made by the State University Cooperative Extension Service, the local office of Wildlife Services, or a qualified wildlife damage management biologist. Airport operators should also consider developing and implementing a preferred/prohibited plant species list, reviewed by a wildlife damage management biologist, which has been designed for the geographic location to reduce the attractiveness to hazardous wildlife for landscaping airport property. c. Airports surrounded by wildlife habitat. The FAA recommends that -operators of airports surrounded by woodlands, water, or wetlands refer to Section 2.4 of this AC. Operators of such airports should provide for a WHA conducted by a wildlife damage management biologist. This WHA is the first step in preparing a WHMP, where required. d. Other hazardous wildlife attractants. Other specific land uses or activities (e.g., sport or commercial fishing, shellfish harvesting, etc.), perhaps unique to certain regions of the country, have the potential to attract hazardous wildlife. Regardless of the source of the attraction, when hazardous wildlife is noted on a public -use airport, airport operators must take prompt remedial action(s) to protect aviation safety. 2-8-SYNERGISTIC EFFECTS OF SURROUNDING LAND USES. There may be circumstances where two (or more) different land uses that` would -'hot, by themselvesbe considered hazardous wildlife attractants or that are located outside of the separations identified in Sections 1-2 through 1-4 that are in such an alignment with the airport as to create a wildlife corridor directly through the airport and/or surrounding airspace. An example of this situation may involve a lake located outside of the separation ' criteria on the east side of an airport and a large hayfield on the west side of an airport, land uses that together could create a flyway for Canada geese directly across the airspace of the airport. There are numerous examples of such situations; therefore, airport operators and the wildlife damage management biologist must consider the entire surrounding landscape and community when developing the WHMP. 7/27/2004 AC 15016200-33A SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF PUBLIC -USE AIRPORTS. 3.1. INTRODUCTION. In recognition of the increased risk of serious aircraft damage or the loss of human life that can result from a wildlife strike, the FAA may require the development of a Wildlife Hazard Management Plan (WHMP) when specific triggering events occur on or near the airport. Part 139.337 discusses the specific events that trigger a Wildlife Hazard Assessment (WHA) and the specific issues that a WHMP must address for FAA approval and inclusion in an Airport Certification Manual. 3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS. The FAA will use the WHA conducted in accordance with Part 139 to determine if the airport needs a WHMP. Therefore, persons having the education, training, and expertise necessary to assess wildlife hazards must conduct the WHA. The airport operator may look to Wildlife Services or to qualified private consultants to conduct the WHA. When the services of a wildlife damage management biologist are required, the FAA recommends that land -use developers or airport operators contact a consultant specializing in wildlife damage management or the appropriate state director of Wildlife Services. NOTE: Telephone numbers for the respective USDA Wildlife Services state offices can be obtained by contacting USDA Wildlife Services Operational Support Stab, 4700 River Road, Unit 87, Riverdale, MD, 20737-1234, Telephone (301) 734-7921, Fax (301) 734-5157 (http://www.aphis.usda.-gov/ws�). 3-3.WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL, FOR AIRPORT PERSONNEL. This manual, prepared by FAA and USDA Wildlife Services staff, contains a compilation of information to assist airport personnel in the development, implementation, and evaluation of WHMPs at airports. The manual includes specific information on the nature of wildlife strikes, legal authority, regulations, wildlife management techniques, WHAs, WHMPs, and sources of help and information. The manual is available in three languages. English, Spanish, and French. It can be viewed and downloaded free of charge from the FAA's wildlife hazard mitigation web site: hftp:#wildlife-miticiation.tc.faa.gov/. This manual only provides a starting point for addressing wildlife hazard issues at airports. Hazardous wildlife management is a complex discipline and conditions vary widely across the United States. Therefore, qualified wildlife damage management biologists must direct the development of a WHMP and the implementation of management actions by airport personnel. There are many other resources complementary to this manual for use in developing and implementing WHMPs. Several are listed in the manual's bibliography. 3-4.WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL­kEGULATIONS, PART 139. Part 139.337(b) requires airport operators to conduct a Wildlife Hazard Assessment (WHA) when certain events occur on or near the airport. Part_ 139.337 (c) provides specific guidance as to what facts must be addressed in a WHA. 3-5-WILDLIFE HAZARD MANAGEMENT PLAN (WHMP). The FAA will consider the results of the WHA, along with the aeronautical activity at the airport and the views of the airport operator and airport users, in determining whether a formal WHMP is needed, in accordance with Part 139.337. If the FAA determines that a WHMP is needed, the airport operator must formulate and implement a WHMP, using the WHA as the basis for the plan. The goal of an airport's Wildlife Hazard Management Plan is to minimize the risk to aviation safety, airport structures or equipment, or human health posed by populations of hazardous wildlife on and around the airport. W 0 AC 150/5200-33A 7/27/2004 The WHMP must identify hazardous wildlife attractants on or near the airport and the appropriate wildlife damage management techniques to minimize the wildlife hazard. It must also prioritize the management measures. 3-6. LOCAL COORDINATION. The establishment of a Wildlife Hazards Working Group (WHWG) will facilitate the communication, cooperation, and coordination of the airport and its surrounding community necessary to ensure the effectiveness of the WHMP. The cooperation of the airport community is also necessary when new projects are considered. Whether on or off the airport, the input from all involved parties must be considered when a potentially hazardous wildlife attractant is being proposed. Airport operators should also incorporate public education activities with the local coordination efforts because some activities in the vicinity of your airport, while harmless under normal leisure conditions, can attract wildlife and present a danger to aircraft. For example, if public trails are planned near wetlands or in parks adjoining airport property, the public should know that feeding birds and other wildlife in the area may pose a risk to aircraft. Airport operators should work with local and regional planning and zoning boards so as to be aware of proposed land -use changes, or modification of existing land uses, that could create hazardous wildlife attractants within the separations identified in Sections 1-2 through 1-4. Pay particular attention to proposed land uses involving creation or expansion of waste water treatment facilities, development of wetland mitigation sites, or development or expansion of dredge spoil containment areas. At the very least, airport operators must ensure they are on the notification list of the local planning board or equivalent review entity for all communities located within 5 miles of the airport, so they will receive notification of any proposed project and have the opportunity to review it for attractiveness to hazardous wildlife. 3-7.COORDINATIONINOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS. If an existing land -use practice creates a wildlife hazard and the land -use practice or wildlife hazard cannot be immediately eliminated, airport operators must issue a Notice to Airmen (NOTAM) and encourage the land —owner or manager to take steps to control the wildlife hazard and minimize further attraction. 12 7/27/2004 AC 150/5200-33A SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED LAND -USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC USE AIRPORTS. 4-1. FAA REVIEW OF PROPOSED LAND -USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC USE AIRPORTS. a. The FAA discourages the development of waste disposal and other facilities, discussed in Section 2, located within the 5,000110,000-foot criteria specified in Sections 1-2 through 1-4. b. For projects that are located outside the 5,000110,000-foot criteria but within 5 statute miles of the airport's AOA, the FAA may review development plans, proposed land -use changes, operational changes, or wetland mitigation plans to determine if such changes present potential wildlife hazards to aircraft operations. The FAA considers sensitive airport areas as those that lie under or next to approach or departure airspace. This brief examination should indicate if further investigation is warranted. c. Where a wildlife damage management biologist has conducted a further study to evaluate a site's compatibility with airport operations, the FAA may use the study results to make a determination. 4-2. WASTE MANAGEMENT FACILITIES. a. Notification of new/expanded project proposal. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181) limits the construction or establishment of new MSWL within 6 statute miles of certain public use airports, when both the airport and the landfill meet very specific conditions. See Section 2-2 of this AC and AC 150/5200-34 for a more detailed discussion of these restrictions. The Environmental Protection Agency (EPA) requires any MSWL operator proposing a new or expanded waste disposal operation within 5 statute miles of a runway end to notify the appropriate FAA Regional Airports Division Office and the airport operator of the proposal (40 CFR 258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport Safety). The EPA also requires owners or operators of new MSWL units, or lateral expansions of existing MSWL units, that are located within 10,000 feet of any airport runway end used by turbojet aircraft, or within 5,000 feet of any airport runway end used only by piston -type aircraft, to demonstrate successfully that such units are not hazards to aircraft. (See 4-2.b below.) When new or expanded MSWLs are being proposed near airports, MSWL operators must notify the airport operator and the FAA of the proposal as early as possible pursuant to 40 CFR 258. b. Waste handling facilities within separations Identified in Sections 1-2 through 14. To claim successfully that a waste -handling facility sited within the separations identified in Sections 1-2 through 1-4 does not attract hazardous wildlife and does not threaten aviation, the developer must establish convincingly that the facility will not handle putrescible material other than that as outlined in 2-2b. The FAA strongly recommends against any facility other than that as outlined in 2-2b (enclosed transfer stations). The FAA will use this information to determine if the facility will be a hazard to aviation. c. Putrescible-Waste Facilities. In their effort to satisfy the EPA requirement, some putrescible- waste facility proponents may offer to undertake experimental measures to demonstrate that their proposed facility will not be a hazard to aircraft. To date, no such facility has been able to demonstrate an ability to reduce and sustain hazardous wildlife to levels that existed before the 13 AC 150/5200-33A 7/27/2004 putrescible-waste landfill began operating. For this reason, demonstrations of experimental wildlife control measures may not be conducted in an airport's AOA. 4-3.0THER LAND -USE PRACTICE CHANGES. As a matter of policy, the FAA encourages operators of public use airports who become aware of proposed land use practice changes that may attract hazardous wildlife within 5 statute miles of their airports to promptly notify the FAA. The FAA also encourages proponents of,such land use changes to notify the FAA as early in the planning process as possible. Advanced notice affords the FAA an opportunity (1) to evaluate the effect of a particular land -use change on aviation safety and (2) to support efforts by the airport sponsor to restrict the use of land next to or near the airport to uses that are compatible with the airport. The airport operator, project proponent, or land -use operator may use FAA Form 7460-1, Notice of Proposed Construction or Alteration, or other suitable documents similar to FAA Form 7460-1 to notify the appropriate FAA Regional Airports Division Office. Project proponents can contact the appropriate FAA Regional Airports Division Office for assistance with the notification process. It is helpful if the notification includes a 15-minute quadrangle map of the area identifying the location of the proposed activity. The land -use operator or project proponent should also forward specific details of the proposed land -use change or operational change or expansion. In the case'"of solid waste landfills, the information should include the type of waste to be handled, how the waste will be processed, and final disposal methods. a. Airports that have received Federal grant-in-aid assistance. Airports that have received Federal grant-in-aid assistance are required by their grant assurances to take appropriate actions to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations. The FAA recommends that airport operators to the extent practicable oppose off -airport land -use changes or practices within the separations identified in Sections 1-2 through 1-4 that may attract hazardous wildlife. Failure to do so may lead to noncompliance with applicable grant assurances. The FAA will not approve the placement of airport development projects pertaining to aircraft movement in the vicinity of hazardous wildlife attractants without appropriate mitigating measures. Increasing the intensity of wildlife control efforts is not a substitute for eliminating or reducing a proposed wildlife hazard. Airport operators should identify hazardous wildlife attractants and any associated wildlife hazards during any planning process for new airport development projects. b. Additional coordination. If, after initial review by the FAA, questions remain about the existence of a wildlife hazard near an airport, airport operators should consult a wildlife damage management biologist. Such questions may be triggered by a history of wildlife strikes at the airport or the proximity of the airport to a wildlife refuge, body of water, or similar feature known to attract wildlife. Once identified, such questions require resolution prior to the project's implementation. 14 7/27/2004 AC 150/5200-33A Appendix 1 APPENDIX 1. DEFINITIONS OF TERMS. USED IN THIS ADVISORY CIRCULAR. 1- GENERAL. This appendix provides definitions of terms used throughout this AC. 1. Air operations area. Any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron. 2. Airport operator. The operator (private or public) or sponsor of a public -use airport. 3. Approach or departure airspace. The airspace, within 5 statute miles of an airport, through which aircraft move during landing or takeoff. 4. Bird balls. High -density plastic floating balls that can be used to cover ponds and prevent birds from using the sites. S. Certificate holder. The holder of an Airport Operating Certificate issued under Title 14, Code of Federal Regulations, Part 139. 6. Construct a new MSWL. To begin to excavate, grade land, or raise structures to prepare a municipal solid waste landfill as permitted by the appropriate regulatory or permitting agency. 7. Detention ponds. Storm water management ponds that hold storm water for short periods of time, a few hours to a few days. 8. Establish a new MSWL. When the first load of putrescible waste is received on -site for placement in a prepared municipal solid waste landfill. 9. Fly ash. The fine, sand -like residue resulting from the complete incineration of an organic fuel source. Fly ash typically results from the combustion of coal or waste used to operate a power generating plant. 10. General aviation aircraft. Any civil aviation aircraft not operating under 14 CFR Part 119, Certification. Air Carriers and Commercial Operators. 11. Hazardous wildlife. Species of-Aldlife (birds, mammals, reptiles),- including feral animals and - domesticated animals not under control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard ,t 12. Municipal Solid Waste Landfill (MSWL). A publicly or privately owned discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR § 257.2. An MSWL may receive other types wastes, such as commercial solid waste, non -hazardous sludge, small -quantity generator waste, and industrial solid waste, as defined under 40 CFR § 258.2. An MSWL can consist of either a stand alone unit or several cells that receive household waste. 13. New MSWL. A municipal solid waste landfill that was established or constructed after April 5, 2001. 14. Piston -powered aircraft. Fixed -wing aircraft powered by piston engines. 1: 15 AC 150/5200-33A 7/27/2004 Appendix 1 15. Piston -use airport. Any airport that does not sell Jet -A fuel for fixed -wing turbine -powered aircraft, and primarily serves fixed -wing, piston -powered aircraft. Incidental use of the airport by turbine -powered, fixed -wing aircraft would not affect this designation. However, such aircraft should not be based at the airport. 16. Public agency. A State or political subdivision of a State, a tax -supported organization, or an Indian tribe or pueblo (49 U.S.C. § 47102(15)). 17. Public airport. An airport used or intended to be used for public purposes that is under the control of a public agency; and of which the area used or intended to be used for landing, taking off, or surface maneuvering of aircraft is publicly owned (49 U.S.C. § 47102(16)). 18. Putrescible waste. Solid waste that contains organic matter capable of being decomposed by micro-organisms and of such a character and proportion as to be capable of attracting or providing food for birds (40 CFR §257.3-8). 19. Putrescible-waste disposal operation. landfills, garbage dumps, underwater waste discharges, or similar facilities where activities include processing, burying, storing, or otherwise disposing of putrescible material, trash, and refuse. 20. Retention ponds. Storm water management ponds that hold water for several months. 21. Runway protection zone (RPZ). An area off the runway end to enhance the protection of people and property on the ground (see AC 150/5300-13). The dimensions of this zone vary with the airport design, aircraft, type of operation, and visibility minimum. 22. Scheduled air carrier operation. Any common carriage passenger -carrying operation for compensation or hire conducted by an air carrier or commercial operator for which the air carrier, commercial operator, or their representative offers in advance the departure location, departure time, and arrival location. It does not include any operation that is conducted as a supplemental operation under 14 CFR Part 119 or as a public charter operation under 14 CFR Part 380 (14 CFR § 119.3). 23. Sewage sludge. Any solid, semi -solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment process; -and a material derived from sewage sludge. Sewage does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary tmartrnent of domestic; sewage in a treatment works. (40 CFR 257.2) 24. Sludge. Any solid, semi -solid, or liquid waste generated form a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effect. (40 CFR 257.2) 25. Solid waste. Any garbage, refuse, sludge, from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including, solid liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or by product material as defined by the Atomic Energy Act of 1954, as amended, (68 Stat. 923). (40 CFR 257.2) 26. Turbine -powered' aircraft. Aircraft powered by turbine engines including turbojets and turboprops but excluding turbo -shaft rotary -wing aircraft. i_ 16 7/27/2004 AC 150/5200-33A Appendix 1 27. Turbine -use airport. Any airport that sells Jet -A fuel for fixed -wing turbine -powered aircraft. 28. Wastewater treatment facility. Any devices and/or systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including Publicly Owned Treatment Works (POTW), as defined by Section 212 of the Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of 1977 (P.L. 95-576) and the Water Quality Act of 1987 (P.L. 100-4). This definition includes any pretreatment involving the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. (See 40 CFR Section 403.3 (o), (p), & (q)). 29. Wildlife. Any wild animal, including without limitation any wild mammal, bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, including any part, product, egg, or offspring thereof (50 CFR 10.12, Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants). As used in this AC, wildlife includes feral animals and domestic animals out of the control of their owners (14 CFR Part 139, Certification of Airports). 30. Wildlife attractants. Any human -made structure, land -use practice, or human -made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport's AOA. These attractants can include architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. 31. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or near an airport. 32. Wildlife strike. A wildlife strike is deemed to have occurred when: S _ a. A pilot reports striking 1 or more birds or other wildlife; b. Aircraft maintenance personnel identify aircraft damage as having been caused by a wildlife strike; c. Personnel on the ground report seeing an aircraft strike 1 or more birds or other wildlife; d. Bird or other wildlife remains, whether in whole or in part, are found within 200 feet of a runway centerline, unless another reason for the animal's death is identified; e. The animal's presence on the airport had a significant negative effect on a Flight (i.e., aborted takeoff, aborted landing, high-speed emergency stop, aircraft left pavement area to avoid collision with animal) (Transport Canada, Airports Group, Wildlife Control Procedures Manual, Technical Publication 11500E, 1994). 2. RESERVED f I. F 4- 17 AC 4 50/5200-33A Appendix 1 18 Intentionally Left Blank 7/27/2004 S'T'ORMWATER BEST MANAGEMENT PRACTICES NCDENR N.C. Department of Environment and Natural Resources Division of Water Quality Water Quality Section April 1999 500 copies of this public document were printed at a cost of WO.80, or S 1.36 per copy. Introduction U `' {" Management of nonpoint source pollution is a stated goal of the 1987 Water Quality Act. An important source of these pollutants is stormwater runoff from urban and developing areas. This runoff has the potential to degrade water quality in all types of waters,: including, among others, those classified as water supply watersheds, shellfish areas and nutrient sensitive waters. The management of stormwater runoff through nonstructural controls (e.g, low density developments) is the preferred method of reducing pollution from urban areas.. In cases where low density is not feasible, engineered, stormwater controls are viable solutions to reducing pollution. However, proper design of these engineered solutions is essential for:adequate pollutant removal. In turn, dissemination of technical information to both engineers and local officials.on the design and maintenance of engineered solutions is equally important. Design and review of stormwater best management practices (BMPs) as an engineered solution for stormwater management are the subject of this Division of Water Quality (DWQ) document. DWQ's approach to water quality management of stormwater in surface drinking water supply watersheds, the twenty coastal.counties and'areas near High Quality Waters and Outstanding Resource Waters is based first on minimizing impervious surfaces and, secondly, on treating stormwater runoff from these surfaces. The rules contained within .15A NCAC 2H .1000 for wet detention basins provide information on the appropriate volume of runoff to be controlled and the corresponding basin size and configuration. North Carolina's Stormwater Management rules also allow for the construction of alternative BMPs that meet the pollutant removal design standard of 85%'removal of total suspended solids (TSS). This document. is meant to supplement the rules in the North Carolina Adnunistrative Code by explaining the stormwater BMPs that will be attowed,.their design criteria, and their assumed TSS removal. These guidelines are not meant to replace these rules. The stormwater BMPs that will be reviewed and their assumed TSS removal efficiencies, if designed according to the following specifications, are: BMP Wet Detention Basins Extended Detention Wetlands Pocket Wetlands Sand Filters Bioretention Area Grassed Swales Extended Dry Detention Filter Strips Infiltration Devices Assumed -TSS Removal 85% 85% 35% 85% 85% 35% 50% 25% - 40% 85% The BMPs can -be used alone or in combination to achieve the required pollutant removal of 85% TSS. As experience grows in the use and effectiveness of the devices, other BMPs or other specifications may be allowed. DWQ will continue to review and modify both the design and the removal efficiencies and will modify them as needed. Innovative and/or proprietary BMPs may be approved on a case -by -case basis. 5. U Grassed SwaIes i;+.���v.�,i,� 5.1 - Introduction Grassed swales are shallow trapezoidal or parabolic earthen channels covered with a dense growth of a hardy grass such as Reed Canary or Tall Fescue. Grassed swales are sometimes classed as a type of biofilter because the vegetation on the swale takes up some pollutants and helps filter sediment and other solid particles out of the runoff. These channels convey stormwater and provide.some stormwater management for small storms by retarding peak flow rates, lowering velocities of runoff and by infiltrating runoff water into the soil. Swales are'used primarily in single-family residential developments, at the outlets of road culverts, and as highway medians. Enhanced grassed swales are ordinary swales with small check dams and wide basins along their course (Schueler, et al 1992). The check darns and the wide areas create small pools of water, which slow the water's flow; encourage the water to infiltrate into the soil and -enhance pollutant removal. Figure16 shows an example of an enhanced grass swale. The Erosion and'Sediment Control'Plannina and Design Manual for North Carolina describes the process of swale design in detail; and the designer should consult it for general design and vegetation.. specifications. When a swale is designed and installed for ttie purpose of water quality protection in addition to the Basic purpose of transporting stormwater, the design velocities are. lower. The requirements for reduced velocities are to allow a greater contact time with the vegetation and to allow for more infiltration.' Grassed swales have a long history of use for stormwater conveyance, and they normally provide long- term water quality protection. However, because of their limited pollutant removal ability; grassed swales are not a sufficient means to reach the 85% TSS removal requirement. They can be used as one -of a series of BMPs that when combined with other'BMPs can provide sufficient protection to surface waters. An example would be a development that used a'combinatiou of grassed swales and extended.dry detention to achieve the required 85% TSS removal. For the purposes of satisfying the requirements for stormwater treatment found'in NCAC 15A 2H.1000, a properly designed and constructed grass swale is assumed to have a TSS removal of 35%. 5.2 -General Characteristics Grassed swales have had mixed results in removing particulate pollutants such as sediment and trace metals. They are generally unable to remove significant amounts of soluble plant nutrients. Swales have proven to be very reliable with few failures. However, formation of gullies or thinning of the vegetative cover will reduce pollutant removal and cause the sivale to fail -as a pollutant -removing device. 5.3 Advantages The primary advantages of grassed swales include relatively low construction and maintenance costs, increased infiltration, additional wildlife habitat in some cases, elimination of curbs and gutters which collect and deliver pollutants to receiving waters, and a pleasing appearance. In areas with low amounts of 66 t t t l l i impervious surface, such as single-family residential areas, curbs and gutters can be replaced by swales, resulting in increased sto_rmwater pollutant removal and improved aesthetics. 5.4 Disadvantages Disadvantages of swales include limited pollutant removal, increased nutrient concentrations in runoff due to fertilization of the grass in the swales,, and standing water, which may cause safety, odor and/or mosquito problems. 5.5 Costs Swales cost less to construct than curbs,.gutters, and underground pipes; however, swales take up more land area. The costs of maintaining swales are usually minimal. However, special maintenance such as extensive sediment removal or erosion repair may become expensive. 5.6 Design Requirements • Longitudinal slope should be in the.range of 2 to 4%. 1f slope along the flow path exceeds 4%, then checkdams must be installed to reduce the effective slope to below 4%. • Side slopes should be no greater than 3:1 horizontal to vertical. • Maximum runoff velocity should be 2 fps for.the peak runoff of the 2-year storm. Design must also nonerosively pass the peak runoff rate from the 10-year storm. • . Length of swale shall be at least 100 feet per acre of drainage area. • A vegetation plan shall be prepared in accordance with the recommendations found 'in the Erosion and Sediment Control Planning and Design Manual. • Swales should be stabilized within 14 days of swale construction. Other general recommendations for design and construction of grassed swales for pollutant removal are: • Swales should be constructed on permeable, noncompacted soils. • Swales should be sited in areas where the seasonal high water table is at least one foot below the bottom of the swale. • Swales should not carry dry -weather flows or constant flows of water; and • Swales should have short contact times or short grass height. 5.7 Maintenance Swale maintenance basically involves normal grass management activities such as mowing and resodding when necessary and periodic sediment removal, if significant deposition occurs. Maintenance shall be performed as follows: • At least once annually, remove excess sediment, especially from the upstream edge, to maintain original contours and grading. 68 - i • At least once annually, repair any erosion and-regrade the swale to ensure that the runoff flows evenly in a thin sheet through the Swale. • At least once annually, inspect vegetation and revegetate the swale to maintain a dense growth of vegetation. • Grassed swales shall be mowed at least twice annually to a maximum height of six inches. 5.8 References 1. Arnold, J.A., ed. D.E. Line, S.W. Coffey, and J. Spooner. 1993. Stormwater Management Guidance Manual. North Carolina Cooperative Extension Service and North Carolina Division of Environmental Management. Raleigh, NC 2. Benman,.Laurel, C. Hartiine, N. Ryan, and J.D. Thorne, P.E. 1991. Urban Runoff. Water Quality Solutions. The American Public Works Association Research Foundation. 58 pp. 3. Birch, P.B., Ph.D..and H.E. Pressley (eds.) 1992_ Stormwater Management Manual for the Puget Sound Basin. Review Draft. Dept. of Ecology. Publication -number 90-73. 4. Gibb, A., B. Bennett, and A. Birkbeck. 199I. Urban Runoff Quality and Treatment: A Comprehensive Review. File number 2-51-246(242). British Columbia Research Corporation. Vancouver, British Columbia. 5. North Carolina Department of Environment, Health, and Natural Resources, Division of Land_Quality. Raleigh, NC. September 1988. Erosion and Sediment Control Planning and Design Manual. 6. Schueler, T.R., P. A. Kumble, and M. A. Heraty. - 1992. A Current Assessment of Urban Best Management Practices: Techniques for Reducing Non -Point Source Pollution in the Coastal Zone. Publication number 92705. Metropolitan Washington Council of Governments. Washington, DC. 127 pp. 7. Schueler, T.R. 198T.Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Publication number 87703. Metropolitan Washington Council of Governments. Washington, DC_ 275 pp- 8: Stahre, P. and B. Urbonas. 1990. Stoi nwater Detention For Drainage, Water Quality, and C_SO Management. Prentice HaII, Inc. Englewood Cliffs, NJ. 338 pp. t 9. U.S. EPA. 1990. Urban Targeting and BMP Selection. Information and Guidance -Manual for State Nonpoint Source Program'Staff Engineers and Managers. The Terrene Institute. EPA No. 68-C8-0034. 54. pp. 10. U.S. EPA. 1992. Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management"Practices. Office of Water. Government Institutes, Inc. Rockville, MD. 11. Urbonas, B. and L.A. Roesner, eds. 1986. Urban Runoff Quality --Impact and Quality Enhancement Technology. American Society of Civil Engineers. New York, NY. 477 pp. 69 t 12. Whipple, W., N.S. Grigg, T. Grizzard, C. W. Randall, R. P. Shubinski, and L. S. Tucker. 1983. Stormwater Management in Urbanizing Areas. Prentice Hall, Inc. Englewood Cliffs, NJ. 234 pp. 70 6.0 Extended Dry Detention Basins t.`�.��"�z�isS:�'�a�"iB3'�}',�i3a°�`:fiY�3�'��.._.:e�"P'��w"F:eid';"LT.a.r�.�'3.'..t�'aW'��"{F?a'„�iai?,:�'�1;n?:.�7�'�fxis7:!f�:�',�is"i".�'•I..�+�'.�.'7�:�1'�E€ur��'�T�':.'-^.Z' 6.1 Introduction Dry detention basins are also called dry ponds, dry detention ponds and detention basins. These basins have been the workhorse for control of stormwater peak flows in other states and in some areas of North Carolina for years; hence, there is a fair body of knowledge to assist in their design and operation. Their use as a water quality BMP is less well understood, and what data exists seems to suggest that basins designed only for .peak flow attenuation do not provide significant water quality benefits. Extended dry detention basins are similar to conventional dry basins, but provide for a longer detention time for a more frequent storm. Figure 17 shows an example of an extended dry detention basin. The conventional design of drydetention basins is to siritply hold.or detain stormwater for a short interval of time, at least 24 hours, to reduce the peak flows in the receiving water. The -basin should dry out between storms. Primary design, values for detention basins are the detention time (which is the amount of time the stormwater is held in the basin before being discharged) and the basin volume (which determines the amount of runoff that can be held for the desired length of time). With the present emphasis on -improving stormwater quality, new basins are designed to remove pollutants and -existing basins can be modified to enhance pollutant removal. Extended dry detention basins designed according to the criteria.provided herein are assumed to achieve a 50% TSS removal rate. Since dry detention basins have not been demonstrated to.provide the level of pollutant removal that is required under 15A NCAC 2H.1000 they must he used'in combination with other BMPs such as grassed swales to achieve 85% TSS removal. 6.2 Advantages Dry detention basins are usually not.lirnited by terrain or soils. They provide excellent streambank - erosion protection and treatment of stormwater when used in combination with other stormwater control practices such as wetlands or when retrofitted with permanent pools. Modified dry basins can provide wetlands and wet meadows for animal habitat if the basins incorporate permanent pools and proper landscaping. 6.3 Disadvantages ` Dry extended detention basins are usually considered unattractive by residents. Poorly maintained basins can create nuisance odors, breed insects and collect trash. Poorly located basins can remove valuable tr= animal habitat and degrade streams and forests. Dry basins require a fair amount of land area, depending on the terrain of the land and are normally placed where they cannot be easily seen as most residents consider them unattractive. 71 Small outlet orAcc to contrat stormwSter ltaw Into receiving water Stormwater inlet Riprap inlet r prateclion Slormwater detention level --- ------- - _.— --- Oullet riser embankment t ,.!:1f1�/.tom/.>s1r111r�1� Perforated riser'tor controlled '11\ Z Wildflowers temporarily flooded release of stormwiter Anti -seep collar r+ w 6.4 Costs Detention basins are inexpensive compared to other stormwater control practices when only construction costs are considered. If land costs are high, then they can become one of the more expensive stormwater BMPs. Maintenance costs are higher than many other practices. 6.5 Design Requirements Extended dry detention basins capture the runoff .from the 1-year 24-hour storm and release it over a period of 48 hours or capture the runoff from the I inch storm and allow it to draw down over a period of 2 to 5 days. • " Minimum flow length to width ratio of 3:1. • Side slopes of the pond should be no steeper than 11 horizontal to vertical. • Extended detention basins must include a.small permanent pool near the outlet orifice to reduce clogging and keep floating debris away from the'outlet_ • Cleanout access must be provided that is sufficient for heavy machinery. + There must be a drain that will completely empty the basin for cleanout. + Any additional peak flow control that the local government requires must be met. • .`There must be vegetation plan prepared by a NC licensed professional. Consideration must be given to the grasses specified due to the frequent inundations. • The basin must be stabilized with 14 days of construction. This night be in the form of final vegetation, or a temporary -means of.providing stabilization until the vegetation becomes established. • If the basin was used during. construction as a sediment basin -or -trap then the basin must be cleaned out, graded, and vegetated within 14' days of the completion of construction. •. In. addition to the detention volume, the design must provide.for the sediment storage that is equal to 20% of the detention volume. • Inlet and outlet channels should be protected from scour during high flows from large storms. Standard erosion control measures work very well. The Land Quality Section of the North Carolina Department of Environment and Natural Resources and the US Department 'of Agriculture Natural Resource Conservation Service (SCS), can provide valuable information on erosion and sediment control ' techniques. The previous illustration, Figure 17, shows a cross-section of an extended detention pond that would .meet the above criteria. It shows the use of an inverted pipe orifice that is submerged in the small permanent pool. This allows a more consistent prediction of drawdown time, and provides some protection from clogging. 6.6 Additional Design Consideraiions: Sediments can be resuspended by the incoming runoff. Therefore it is recommended that there be either an additional plunge pool at the inlet of the basin or sufficient measures such as riprap to disperse the energy. A forebay to capture sediment can minimize cleanout problems. It is a good idea to provide adequate access for equipment to be used for cleanout. Also, paving or flexible revetment in the forebay can allow for rapid access and quick sediment removal by heavy equipment. 73 • Consideration should be given to the soil type of the site of the basin. Uncompacted, natural soils will provide the best media for vegetation and will introduce less sediment in the incoming water. • The seasonal high water table should be at least 1 foot below the bottom of the extended dry detention basin. 6.7 Maintenance Dry basins require frequent mowing and unclogging of outlets. Poorly designed basins with steep side slopes may be -hazardous to mow with power equipment creating difficult and/or expensive maintenance. Trash, debris and sediment accumulation is rapid in most basins, requiring frequent cleaning. Detention basins usually do not normally fail structurally; however, many dry.detention basins are not functioning as designed mainly because they do not empty completely between storms. This reduces the effective storage volume and detention time for incoming storm flows. Maintenance Requirements are as follows: - . • All grassed areas of an extended dry detention basin should be mowed at least twice annually: • :Extended dry detention basins will tend to collect debris, and it should be removed whenever it accumulates, or at least twice annually. • The basin should be inspected annually aftera rain event to ensure that it is operating as designed. - At a minimum, items that should be included in the annual inspection and addressed are: 1. clogging of the outlet or too rapid, a release, 2. erosion on the banks, 3. erosion at the inlet and outlet, 4. sediment -accumulation and the need for removal, 5. condition of the emergency spillways and 6. woody vegetation in the embankment. 6.8 Peak Flow Reduction Dry detention basins are normally used to reduce peak flows from storms of varying recurrence frequency. Their pollutant removal potential is enhanced when used in conjunction with permanent pools, wetlands, etc. 6.9 References 1. Arnold, J.A.,.ed. D.E. Line, S.W. Coffey, and J. Spooner. 1993. Stormwater Management Guidance Manual. North Carolina Cooperative Extension Service and North Carolina Division of Environmental Management. Raleigh, NC 2. Berman, Laurel, C. Hartline, N. Ryan, and J.D. Thome, P.E. 1991. Urban Runoff Water Quality Solutions. The American Public Works Association Research Foundation. 58 pp. 3. Birch, P.B. Ph.D. and H.E. Pressley (eds.) 1992. Stormwater Management Manual for the Puget Sound Basin. Review Draft. Dept. of Ecology. Publication number 90-73. 74 4. Gibb, A., B. Bennett, and A. Birkbeck. 1991. Urban Runoff Quality and Treatment: A Comprehensive Review. Pile number 2-51-246(242). British Columbia Research Corporation. Vancouver British Columbia. 5. North Carolina Department of Environment, Health, and Natural Resources, Division of Land Quality, Raleigh, NC. September 1988..Erosion and Sediment Control Planning and Design Manual. 6. Shueler, T.R., P.A. Kumble, and M.A. Heraty. 1992. A Current Assessment of Urban Best Management Practices: Techniques for Reducing Non -Point Source pollution in the Coastal Zone. Publication number 92705. Metropolitan Washington Council. of Governments. Washington, D.C. 127 PP. 7. Shueler, T. R. 1987. Controlling Urban Runoff: A Practical Manuaffor Planning and Designing Urban BMPs. Publication number 87703. Metropolitan Washington Council of Governments, Washington, D.C. 275 pp. K Stahre, P. and B:. Urbonas.'1990. Stormwater Detention For Drainage, Water Quality and CSO Management.'Prentice Hall, Inc. Englewood Cliffs. NJ. 338 pp. 9. U.S. EPA. 1990. Urban Targeting and BMP Selection. Information and Guidance Manual for State Nonpoint Source Program Staff Engineers and Managers. The Terrene Institute. EPA No. 68-C8-0034. 54 pp. . L0: U.S. EPA. 1992. Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. Office of Water. Government Institutes, Inc. Rockville, -MD. 11. Urbonas, B. and L.A. Roesner, eds. 1986. Urban Runoff Quality - Impact and Quality Enhancement Technology. American Society of Civil Engineers. New York, NY. 477 pp. 12. Whipple, W., N.S.-Gregg, T. Grizzard, C. W. Randall, R.P. Shubinski, and L.S. Tucker. 1983. Stormwater Management in Urbanizing Areas. Prentice Hall, Inc. Englewood. Cliffs. N1. 234 pp. 75 Y, / i I I r I . 1 Brunswick County Aiport Stormwater Master Plan Drainage Areas Existing Conditions Drainage Areas Drainage Area Total Area 5F Total Area Acres Impervious Area SF Total Imperv. Area Acres Pervious Area % Impervious E-A 1,075,741 24,70 144,806 3.32 21.37 13.5 E-13 779,775 17.90 108,611 2,49 15.41 13.9 E-C 1,142,109 26.22 0 0.00 26.22 0.0 E-D 869,521 19.96 328,960 7.55 12,41 37.8 E-E 1,003,959 23.05 172,119 3.95 19,10 17.1 E-F 985,682 22.63 41,543 0.95 21,67 4.2 E-G 982,127 22.55 24,754 0.57 21.98 2.5 E-H 180,927 4.15 4,356 0.10 4.05 2.4 E-1 735,283 16.88 82,921 1.90 14.98 11.3 E-J 306,742 7.04 10,401 0.24 6.80 3.4 E-K 102,494 2,35 928 0.02 2.33 0.9 E-1-1 211,492 4.86 73,943 1.70 3.16 35.0 E-1-2 169,299 3.89 93,340 2.14 1.74 55.1 E-1-3 81,566 1.87 1 25,089 0.58 1 1.30 1 30.8 E-M 234116 5.37 1 18,730 0.43 1 4.94 8.0 Proposed Conditions Drainage Areas Drainage Area Total Area SF Total Area Acres Impervious Area SF Total Imperv. Area Acres Pervious Area % Impervious Rv=.009(%IMP)+.05 Vol (1.5" of Rainfall) Vol x 200/0 P-A 1,075,741 24.70 144,806 3,32 21.37 13.5 0.1711 0.53 0.63 P-B 1,915,966 43.98 1,173,348 26.94 17.05 61.2 0.6012 3.31 3.97 P-C 1,519,752 34.89 502,405 11.53 23.35 33.1 0.3475 1.52 1.82 P-D 820,281 18.83 332,575 7.63 11.20 40.5 0.4149 0.98 1,17 P-Di 69,375 1.59 31,000 0.71 0.88 44.7 0.4522 0.09 0.11 P-E 162,408 3.73 37,838 0.87 2.86 23.3 0.2597 0.12 0,15 P-F 304,811 7.00 67,121 1.54 5.46 22.0 0.2482 0.22 0.26 P-G 730,513 16.77 156,322 3.59 13.18 21 A 0.2426 0.51 0.61 P-H 793,480 18.22 36,900 0.85 17.37 4.7 0.0000 0.00 0.00 P-1 670,994 15.40 51,294 1.18 14.23 7.6 0.1188 0.23 0.27 P-J 277,152 6,36 3,245 0.07 6.29 1.2 0.0605 0.05 0.06 P-K 98,995 2.27 0 0.00 2.27 0.0 0.0500 0.01 0.02 P-L1 211,492 4.86 86,850 1.99 2.86 41.1 0,4196 0.25 0.31 P-1-2 169,299 3.89 127,810 2.93 0.95 75.5 0,7294 0.35 0.43 P-1-3 81,566 1,87 43,989 1.01 0.86 53.9 0.5354 0.13 0.15 P-M 205,954 4,73 9,322 0.21 4.51 4.5 0.0907 0.05 0.06 Brunswick County Aiport Stormwater Master Plan Existing Basin Volumes Existing Area A Pond Volume Elevation SF Acres Total Acres 1 Adjusted Acres Conic Method delta Vol sigma Vol AC -FT AC -FT 7.5 0 0.000 0.000 0.000 0.001 0 8 1 376 0.009 0.009 0.009 0.010 0.001 8.5 1393 0.032 0.032 0.032 0.023 0.011 9 2651 0.061 0.061 0.061 0.037 0.034 9.5 3868 0.089 0.089 0.089 0.094 0.071 10 13571 0.312 0.31.2 0.312 0.165 Existing Area B Pond Volume Elevation SF Acres Total Acres 1 Adjusted Acres Conic Method delta Vol sigma Vol AC -FT AC -FT 11.35 0 0.000 0.000 0.000 0.000 0 11.5 190 0.004 0.004 0.004 0.011 0.000 12 2034 0.047 0.047 0.047 0.040 0.011 12.5 5223 0.120 0.120 0.120 0.090 0.051 13 10755 0.247 0.247 0.247 0.170 0.141 13.5 19308 0.443 0.443 0.443 0.311 Existing Area D Pond Volume Elevation SF Acres Total Acres 1 Adjusted Acres Conic Method delta Vol sigma Vol AC -FT AC -FT 15 15 0.000 0.000 0.000 0.001 0 15.5 1 213 0.005 0.005 0.005 0.005 0.001 16 609 0.014 0.014 0.014 0.012 0.006 16.5 1490 0.034 0.034 0.034 0.030 0.017 17 3928 0.090 0.090 0.090 0.072 0.047 17.5 9014 0.207 0.207 0.207 0.137 0.120 18 15084 0.346 0.346 0.346 0.205 0.256 18.5 1 20854 1 0.479 0.479 0.479 0.275 0.462 19 27196 0.624 0.624 0.624 0.364 0.737 19.5 36470 0.837 0.837 0.837 0.488 1.101 20 48785 1.120 1.120 1.120 f 1.588 Existing Area F Pond Volume Elevation SF Acres Total Acres 1 Adjusted Acres Conic Method delta Vol sigma Vol AC -FT AC -FT 16.93 1 0 0.000 0.000 0.000 0.000 0 18 51 0.001 0.001 0.001 0.002 0.000 18.5 332 0.008 0.008 0.008 0.013 0.002 19 2277 0.052 0.052 0.052 0.049 0.016 19.5 6650 0.153 0.153 0.153 0.158 0.065 20 1 22400 0.514 0.514 0.514 0.147 0.223 20.25 1 28995 0.666 1 0.666 0.666 0.370 Existing Area G Pond Volume Elevation SF Acres Total Acres 1 Adjusted Acres Conic Method delta Vol sigma Vol AC -FT AC -FT 12.54 0 0.000 0.000 0.000 0.001 0 13 153 0.004 0.004 0.004 0.006 0.001 13.5 1048 0.024 0.024 0.024 0.020 0.007 14 2459 0.056 0.056 0.056 0.042 0.026 14.5 4993 0.115 0.115 0.115 0.085 0.068 15 10029 0.230 0.230 0.230 0.149 0.153 15.5 1 16257 1 0.373 0.373 0.373 0.224 1 0.302 16 22980 0.528 0.528 0.528 0.312 0.526 16.5 31629 0.726 0.726 0.726 1 0.838 Brunswick County Aiport Stormwater Master Plan Proposed Basin Volumes Pronnsed Area P•B Pond Volume 1 Volume Above Conic Method 1.5" of Storage Total Adjusted delta Vol sigma Vol Acre -FT Elevation SF Acres Acres Acres AC -FT AC -FT 12 0 0.000 0.000 0.000 0.344 0 0 13 44917 1.031 1.031 1.031 1.730 0.344 0 14 110629 2.540 2.540 2.540 3.072 2.073 0 15 158425 3.637 3.637 3.637 4.206 5.145 1.18 16 209194 4.802 4.802 4.802 4.964 9.352 5.38 17 223351 5.127 5.127 5.127 2.605 14.316 10.35 17.5 230504 5.292 5.292 5.292 16.920 12.95 Area P-C Pond Volume Storage Volume Elevation Conic Method 1.5' of Storage ISF Total Adjusted delta Vol sigma Vol Acre -FT Elevation Acres Acres Acres AC -FT AC -FT 16.25 0 0.000 0.000 0.000 0.022 0 0 17 3860 0.089 0.089 0.089 0.430 0.022 0 Storage Volume 18 39881 0.916 0.916 0.916 1.572 0.452 0 Elevation 19 101800 2.337 2.337 2.337 3.186 2.024 0.20 20 179403 4.119 4.119 4.119 5.003 5.210 3.39 21 258909 5.944 5.944 5.944 10.213 8.39 Pronnsed Area P-D1 Pond Vnlump 1 1 Volume Above Conic Method 1.5' of Storage Total Adjusted delta Vol I sigma Vol Acre -FT Elevation SF Acres Acres Acres AG -FT AC -FT 18 0 0.000 0.000 0.000 0.019 0 0 18.5 4925 0.113 0.113 0.113 0.062 0.0 0 19 5838 0.134 0.134 0.134 0.155 0.062 0.00 20 7739 0.178 0.178 0.178 0.200 0.217 0.11 21 9740 0.224 0.224 0.224 0.417 0.31 Prnnnsed Area P_F Pnnd Vnlumn 1 1 Volume Above Conic Method 1.5" of Storage Total Adjusted delta Vol sigma Vol Acre -FT Elevation SF Acres Acres Acres AC -FT AC -FT 14.5 0 0.000 0.000 0.000 0.030 0 0 15 7868.9522 0.181 0.181 0.181 0.431 0.0 0 16 32474.03 0.746 0.746 0.746 0.935 0.431 0.17 17 49587.991 1.138 1.138 1.138 1.366 1.11 Proposed Area P-G Pond VnlijmL- I Volume Above Conic Method 1.5' of Storage Total Adjusted delta Vol sigma Vol Acre -FT Elevation SF Acres Acres Acres AC -FT AC -FT 16 0 0.000 0.000 0.000 0.006 0 0 17 758.45 0.017 0.017 0.017 0.192 0.006 0 18 20390.735 0.468 0.468 0.468 0.900 0.198 0 19 61711.863 1.417 1.417 1.417 1.809 1.097 0.49 20 97183.012 2.231 2.231 2.231 2.568 2.906 2.30 21 127198.9 2.920 2.920 2.920 5.474 4.86 Storage Volume Elevation Storage Volume Elevation Storage Volume Elevation 3.97 14.62 1.82 18.87 0.11 19.31 0.26 15.60 0.61 18.46 Brunswick County Aiport Stormwater Master Plan Proposed Basin Volumes Prnnnspd Arpa P-L1 Pend Vnluma 1 1 Volume Above Conic Method 1.5" of Storage Total Adjusted delta Vol Isigma Vol Acre -FT Elevation SF Acres Acres Acres AC -FT AC -FT 18.5 0 0.000 0.000 0.000 0.068 0 0 19 17714 0.407 0.407 0.407 0.534 0.0 0 20 29268 0.672 0.672 0.672 0.714 0,534 0.22 21 32941 0.756 0.756 0,756 1.247 0.94 Proposed Area P-L2 Pond Volume 1 1 Volume Above Conic Method 1.5" of Storage Total Adjusted delta Vol Isigma Vol Acre -FT Elevation SF Acres Acres Acres AC -FT AC -FT 16.5 0 0.000 0.000 0.000 0.018 0 0 17 4701 0.108 0.108 0.108 0.159 0.0 0 18 9447 0.217 0.217 0.217 0.244 0.159 0.00 19 11852 0.272 0.272 0,272 0.301 0.403 0.00 20 14395 0.330 0.330 0.330 0.361 0.704 0.27 21 17050 0.391 0,391 0.391 1.065 0.63 Proposed Area P-L3 Pond Volume 1 1 Volume Above Conic Method 1.5" of Storage ISF Total Adjusted delta Vol sigma Vol Acre -FT Elevation Acres Acres Acres AC -FT AC -FT 18 0 0.000 0.000 0.000 0.008 0.0 0 18.5 2016 0.046 0.046 0,046 0.043 0.008 0.00 19 5751 0.132 0.132 0.132 0.164 0.050 0.00 20 8661 0.199 0.199 0.199 0.233 0.215 0.06 21 11671 0.268 0.268 0.268 0.447 0.30 Storage Volume 0.31 Elevation 19.56 Storage Volume 0.43 Elevation 19.09 Storage Volume 0.15 Elevation 19.61 Brunswick County Aiport Stormwater Master Plan Drainage Area Summary Summary of Existing Drainage Areas Outfall Drainage Area Total Area (Acre) Impervious Area (Acre) Predevelopment flow peak 1-year, 24-hour Storm(cfs) Predevelopment flow peak 10-year, 24-hour Storm(cfs) 1 Area A 24.7 3.32 5.7 22.7 2 Area B 11.9 2.49 4.4 18 3 Area C 26.2 0 2.21 16.4 Outfall to Area E Area D 20 7.55 11.2 31.3 5 and 6 Areas D, E, F, G 18.21 13.03 24.7 88.9 7 Area J 7 0.24 1.8 8.7 8 Area M 5.4 0.43 1.5 6.5 9 Area 1 16.9 1.9 4.9 20.3 10 Area L1 4.9 1.92 3.6 10.3 11 Area L2 3.9 2.14 3.7 9.4 12 Area L3 1 .91 0.581 1.31 4 Summary of Proposed Drainage Areas t i t Outfall Drainage Area Total Area (Acre) Impervious Area Postdevelopment flow peak Postdevelopment flow peak I (Acre) I 1-year, 24-hour Storm(cfs) 10-year, 24-hour Storm(cfs) 1 Area A and L1 24.71 3.321 5.7 22.7 2 Area 6 441 26.941 4.2 15.7 3 No runoff will leave the airport property through Outlet 3, Runoff from Existing Drainage Area C is being redirected to Outlet 2 through Extended Dry Detention Basin B, both Outlet 2 and 3 outfall to SA waters Outfall to Area E Area D and D1 20.41 12.1 11.5 31.4 5 and 6 Areas C, D, E, F, G, H 101 26.7 20.9 85.9 7 Area J 6.4 0.07 1.5 7.6 8 Area M 4.4 0.21 1.2 5.5 9 Area 1 15.4 1.18 4 17.9 10 jArea, L1 4.9 11 jArea L2 3.9 2.14 -2.81 8.4 12 jArea L3 1 1.91 0.581 1.91 4 Brunswick County Aiport Stormwater Master Plan Extended Dry Detention Basin Design Summary Summary of Proposed Extended Dry Detention Basin Extended Dry Detention Basin Water Quality Storage Elevation 1-year 24-hour Water Surface Elevation 10-year 24 hour Storm Water Surface Elevation Top of Basin Elevation Basin B 14.62 15.92 17.14 17.5 Basin C 18.87 19.71 20.43 21.0 Basin D1 19.31 19.43 19.64 21.0 Basin F 15.6 15.83 16.38 17.0 Basin G 18.46 19.06 19.61 21.0 Basin L-1 19.21 19.46 20.01 21.0 Basin L-2 19.09 20.22 20.92 21.0 Basin L-3 19.61 19.89 20.32 21.0 Summary of Outlet Control Structures Extended Dry Detention Basin 1 st Stage Outlet 1st Stage Outlet Elevation 2nd Stage Outlet 2nd Stage Outlet Elevation Basin B 1.0'x1.0' Opening 14.62 Drop Inlet Grate 16.00 Basin C 0.5'x1.0' Opening 18.87 Drop Inlet Grate 19.70 Basin D1 Drop Inlet Grate 19.31 NIA NIA Basin F Drop Inlet Grate 15.6 NIA NIA Basin G 0.5'x1.0' Opening 18.46 Drop Inlet Grate 19.00 Basin L-1 Drop Inlet Grate 19.21 NIA NIA Basin L-2 6" Circular Orifice 19.09 Dro Inlet Grate 20.00 Basin L-3 IlDrop Inlet Grate 19.61 NIA NIA L Brunswick County Aiport Stormwater Master Plan Pre -Development vs. Post -Development Runoff Summary Outfall Summary Predevelopment flow peak 1-year, 24-hour Storm(cfs) Postdevelopment flow peak 1-year, 24-hour Storm(cfs) Predevelopment flow peak 10-year, 24-hour Storm(cfs) Postdeveloprnent Flow peak 10-year, 24-hour Storm(cfs) 1 5.7 22.7 2 4.4 4.2 18 17,8 3 2.21 0 16.4 0 1, 2, 3 Combined 11.7 12.3 52.8 44.13 Outfallto Area E 11.2 11.5 31.3 31.4 5 and 6 24.7 20.9 88.9 85.9 7 1.8 1.5 8.7 7.6 8 1.5 1.2 6.5 6.5 9 4.9 4 20.3 17.9 10 3,61 01 10-31 0 11 3.71 2.81 9.41 8.4 12 1.31 1.91 41 4 Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond 131 - Parallel Taxiway ,West Side Terminal Area DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 14,000.00 $ 14,000.00 2 Unclassified Excavation CY 32800 5.00 164,000.00 3 Temporary Silt Fence LF 1000 3.00 3,000.00 4 Rip Rap Outlet Protection Each 2 600.00 1,200.00 5 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 6 21" RCP LF 270 75.00 20,250.00 7 24" RCP LF 150 80.00 12,000.00 8 21" Flared End Section Each 1 2,750.00 2,750.00 9 24" Flared End Section Each 1 3,000.00 3,000.00 10 Seedinq AC 4.5 1,500.00 6,750.00 11 Mulching AC 1 4.5 1,000.00 4,500.00 Subtotal 236,950.00 Design, Permitting, CA, Etc, 00 E71,085. Total Estimated Cost $ 308,035.00 Pond B2 - Parallel Taxiway ,West Side Terminal Area DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 5,500.00 $ 5,500.00 2 Unclassified Excavation CY 14500 5.00 72,500.00 3 Temporary Silt Fence - LF 500 3.00 1,500.00 4 Rip Rap Inlet Protection Each 1 600.00 600.00 5 24" RCP LF 150 80.00 12,000.00 6 24" Flared End Section Each 1 3,000.00 3,000.00 7 Seeding AC 2.0 1,500.00 3,000.00 8 Mulchinq AC 2.0 1,000.00 2,000.00 Subtotal 100,100.00 Design, Permitting, CA, Etc. 30,030.00 Total Estimated Cost $ 130,130.00 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond C1 - Parallel Taxiway and West Terminal Area DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 8,800.00 $ 8,800.00 2 Unclassified Excavation CY 17500 5.00 87,500.00 3 Temporary Silt Fence LF 500 3.00 1,500.00 4 Rip Rap Outlet Protection Each 1 600.00 600.00 5 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 6 24" RCP LF 440 80.00 35,200.00 7 24" Flared End Section Each 1 3,000.00 3,000.00 8 Seeding AC 4.8 1,500.00 7,200.00 9 Mulching AC 4.8 1,000.00 4,800.00 Subtotal 154,100.00 Design, Permittin , CA, Etc. 46,230.00 Total Estimated Cost $ 200,330.00 Pond C2 - Parallel Taxiway and West Terminal Area DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 3,800.00 $ 3,800.00 2 Unclassified Excavation CY 8900 5.00 44,500.00 3 Borrow Embankment CY 100 15.00 1,500.00 4 Temporary Silt Fence LF 1000 3.00 3,000.00 5 Rip Rap Inlet Protection Each 1 600.00 600.00 6 24" RCP LF 80 80.00 6,400.00 7 24" Flared End Section Each 1 3,000,00 3,000.00 8 Seeding AC 1.8 1,500.00 2,700.00 9 Mulchinq AC 1.8 1:000.00 1,800.00 Subtotal 67,300.00 Design, Permitting, CA, Etc. 20,190.00 Total Estimated Cost $ 87,490.90 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond D1 - East Side Apron Expansion and Hangar DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 1,400.00 $ 1,400.00 2 Unclassified Excavation CY 900 5.00 4,500.00 3 Temporary Silt Fence LF 300 3.00 900.00 4 Rip Rap Outlet Protection Each 1 600.00 600.00 5 Special Outlet Structure w/ Grate Top Each 1 5,500.00 5,500.00 6 18" RCP LF 100 70.00 7,000.00 7 18" Flared End Section Each 1 2,500.00 2,500.00 8 Seeding AC 0.5 1,500.00 750.00 9 Mulching AC 0.5 1,000,00 500.00 Subtotal 23,650.00 Design, Permitting, CA, Etc. 7,095.00 Total Estimated Cost $ 30,745.00 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond F - 1200' Runway Extension DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 2,650.00 $ 2,650.00 2 Unclassified Excavation CY 3800 5.00 19'000.00 3 Borrow Embankment CY 325 15.00 4,875.00 4 Temporary Silt Fence LF 1400 3.00 4,200.00 5 Rip Rap Outlet Protection Each 1 600.00 600.00 6 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 7 18" RCP LF 60 70.00 4,200,00 8 18" Flared End Section Each 1 2,500.00 2,500.00 9 Seeding AC 1.3 1,500.00 1,950.00 10 Mulching AC 1.3 1,000.00 1,300.00 Subtotal 46,775.00 Design, Permitting, CA, Etc. 14,032.50 Total Estimated Cost $ 60,807.50 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond G1 - 1200' Runway Extension and Parallel Taxiway DESCRIPTION Unit 'Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 5,200.00 S 5,200.00 2 Unclassified Excavation CY 12000 5.00 60,000.00 3 Temporary Silt Fence LF 500 3.00 1,500.00 4 Rip Rap Outlet Protection Each 1 600.00 600.00 5 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 6 18" RCP LF 60 70.00 4,200.00 7 24" RCP LF 80 80.00 6,400.00 8 24" Flared End Section Each 1 3,000.00 3,000.00 9 Seedinq AC 2.3 1,500.00 3,450.00 10 Mulching__AC 2.3 1,000.00 2,300.00 Subtotal 92,150.00 -Design, Permitting, CA, Etc. 27,645.00 Total Estimated Cost $ 119,795.00 Pond G2 - 1200' Runway Extension and Parallel Taxiway DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 2,500.00 $ 2,500.00 2 Unclassified Excavation CY 2050 5.00 10,250.00 3 Borrow Embankment CY 950 15.00 14,250.00 4 Temporary Silt Fence LF 1500 3.00 4,500.00 5 Rip Rap Inlet Protection Each 1 600.00 600.00 6 24" RCP LF 80 80.00 6,400.00 7 24" Flared End Section Each 1 3,000.00 3,000.00 8 Seedinq AC 1.0 1,500.00 1,500.00 9 Mulching AC 1.0 1,000.00 1,000.00 Subtotal 44,000.00 Design, Permitting, CA, Etc. 13,200.00 Total Estimated Cost $ 57,200.00 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond L1 - East Side Development DESCRIPTION Unit Quantity Unit Price Ext. Total 1 ' Mobilization LS 1 $ 2,500.00 $ 2,500.00 2 Unclassified Excavation CY 2100 5.00 10,500.00 3 Borrow Embankment CY 960 15.00 14,400.00 4 Temporary Silt Fence LF 500 3.00 1,500.00 5 Rip Rap Outlet Protection Each 1 600.00 600.00 6 Special Outlet Structure wl Grate T-0p Each 1 5,500.00 5,500.00 7 18" RCP LF 60 70.00 4,200.00 8 18" Flared End Section Each 1 2,500.00 2,500.00 9 Seeding AC 1.0 1,500.00 1,500.00 10 Mulchina AC 1.0 1,000.00 1,000.00 Subtotal 44,200.00 Design, Permitting, CA, Etc. 13,260.00 Total Estimated Cost $ 57,460.00 11 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond L2 - East Side Development DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 2,000.00 $ 2,000.00 2 Unclassified Excavation CY 2500 5.00 12,500.00 3 Borrow Embankment CY 10 15.00 150.00 4 Temporary Silt Fence LF 400 3.00 1,200.00 5 Ri Ra Outlet Protection Each 1 600.00 600.00 6 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 7 18" RCP LF 90 70.00 6,300.00 8 18" Flared End Section Each 1 2,500.00 2,500.00 9 Seedinq AC 0.5 1,500.00 750.00 10 Mulching AC 0.5 1,000.00 500.00 Subtotal 32,000.00 Design, Permitting, CA, Etc. 9,600.00 Total Estimated Cost $ 41,600.00 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Brunswick County Airport Preliminary Opinion of Probable Cost Storm Water Master Plan Thursday, March 31, 2005 Pond L3 - East Side Development DESCRIPTION Unit Quantity Unit Price Ext. Total 1 Mobilization LS 1 $ 1,200.00 $ 1,200.00 2 Unclassified Excavation CY 890 5.00 4,450.00 3 Borrow Embankment CY 10 15.00 150.00 4 Temporary Silt Fence LF 400 3.00 1,200.00 5 Rip Rap Outlet Protection Each 1 600.00 600.00 6 Special Outlet Structure wl Grate Top Each 1 5,500.00 5,500.00 7 18" RCP LF 70 70.00 4,900.00 8 18" Flared End Section Each 1 2,500.00 2,500.00 9 Seeding AC 0.3 1,500.00 450.00 10 Mulchin AC 0.3 1,000.00 300.00 Subtotal 21,250.00 Design, Permitting, CA, Etc. 6,375.00 Total Estimated Cost $ 27,625.00 Note: Cost opinions are to be used for general budgeting purposes only. Detailed cost estimates will be developed upon desing of individual projects associated with each basin. Pre Application Meeting with NCDENR Brunswick County Airport Stormwater Master Plan Meeting Date: March 4, 2005 Meeting Minutes March 11, 2005 List of Attendees: Linda Lewis Cameron Weaver John Massey Chris McKnight Proposed Conditions - Short Term: East Side Expansion including additional hangars, aircraft parking apron and development adjacent to Road, Runway Extension of 1200' and Airport Road Relocation. -NCDENR agreed that permit applications could be submitted for individual developments using a dry detention basin concept if developments are not located within % mile of and draining to the Intracoastal Waterway. Built Upon Area: Current Built Upon Area is 169%. Once Long Term development is complete, Airport will be High Density with BUA of just over 30%. Until such time that the Long Term development is complete, the Airport will be Low Density. The FAA has published an Advisory Circular that discusses Wildlife Hazards at airports and based on this AC, ponds with permanent pools of water such as wet ponds are not allowed on Airport property because they create a safety hazard for aircraft operations by attracting birds and wildlife. Proposed Stormwater Controls: Vegetated grass swales and extended dry detention basins are proposed to obtain the required 85% TSS removal from stormwater runoff. A water quality volume will be provided in the bottom of the extended dry detention basin to treat the first 1.5" of runoff from all areas draining to the pond. A 20% additional storage volume will be included in the water quality volume to provide for future sediment accumulation in the pond. Water Quality Volume will be drained from pond over 48-hour period. -NCDENR indicated that the use of dry detention basins require approval as an alternate method for runoff draining to and located within %z mile of the Intracoastal Waterway. Dry detention basins should be submitted as all alternative storm water control method. Peak Flow attenuation of the 1-year 24 hour storm and 10-year 24-hour storm event will also be handled using the extended dry detention basin. a. The Road Relocation will be constructed by the Airport and turned over to the DOT. No stormwater management facilities are proposed for the roadway with this project since it is not on Airport property. Roadside drainage ditches will be constructed to handle roadway drainage. b. Offsite flow currently draining to airport property will be allowed to continue to flow across airport property in a closed drainage system and will not drain into extended dry detention basins. NCDENR agreed that offske flow could pass through the system without being treated in Airport Basins If West Area Development is never constructed, overall impervious area will be 20% and a revised SWMP will be submitted requesting that the airport be considered low density. -NCDENR concurred that if the West Side Development is never completed the Airport would remain Low Density. We have met with Town of Oak Island to discuss the proposed stormwater concepts and they concur with our approach to the stormwater master plan. -NCDENR concurred that existing drainage areas need to be treated only if the drainage cannot be segregated from proposed flows. -NCDENR explained that Alternative Stormwater Concepts require that permits be submitted through the regular permit process, not the express permit process. -NCDENR informed that and Operation and Maintenance Agreement be completed and signed for each individual basin. Lo ��{.�,lI�(3 E'iIl� �7d1C{ P��iI3Ti1•�1�r Wiln�i �c�i�, NFrr� C�ra1i �a 28�+� G�• ��. ally rt�a a �i'l ri.;��7�t.e ��a