HomeMy WebLinkAboutNCG150064_COMPLETE FILE - HISTORICAL_20050419vv -I Pw
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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Brunswick County Airport Master Plan ILfe-4 1-5--ee6 f—
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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
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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
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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
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Page 2of2
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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
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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.
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BRUNSWICK COUNTY AIRPORT
Oak Islaiid, NC
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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
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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
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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
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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
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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
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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
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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
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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:
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(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:
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(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
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(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
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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
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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
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(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
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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;
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(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
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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
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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
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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
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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:
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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.
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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.
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4-
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AC 4 50/5200-33A
Appendix 1
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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
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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.
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