HomeMy WebLinkAboutSW8931005_Historical File_20150227 AF4�.K
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WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Govemor Secretary
February 27, 2015
Christopher White, Director
Albert J. Ellis Airport
264 Albert J. Ellis Airport Road
Richlands, NC 28574
Subject: State Stormwater Management Permit No. SW8 931005
Albert J. Ellis Airport
Deemed Permitted Stormwater Project/Session Law 2012-200
Onslow County
Dear Mr. White:
The Wilmington Regional Office received a complete, modified Stormwater Management Permit
Application for Albert J. Ellis Airport on February 10, 2015. The applicant has certified that the project's
built-upon areas have been designed to meet the requirements of Session Law 2012-200. The
applicant has indicated that all existing and proposed parking areas, roads, taxiways, terminal
buildings, runways, aprons, etc., provide for overland flow that promotes infiltration and treatment of the
stormwater into grassed buffers, shoulders and grass swales. As such, the project is deemed permitted
pursuant to the State post-construction stormwater requirements. We are forwarding modified Permit
No. SW8 931005 dated February 27, 2015, for the construction of the deemed permitted built-upon
areas associated with the subject project.
The modifications covered by this permit include the construction of 1.39 acres of built-upon area for a
Temporary Rental Car Service Center.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supersede any other agency permit that
may be required. This modification covers the construction of the General Aviation Terminal and Apron.
The approved plans for this modification are added to the previously approved plans.
If any parts, requients, or limitations contained in this permit are unacceptable, you have the right to
request an ad�udicrem atory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes. Per
NCGS 143-215(e)the petition must be filed with the OAH within thirty (30) days of receipt of this permit.
You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or
the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone
at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda
Lewis at(910) 796-7343.
Sincerely,
Tracy D is, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/ad: G:1WQ1Shared\StormwaterlPermits&Pmjects119931931005 LD12015 02 permit 931005
cc: Aaron McNeal, P.E., RS&H
vviimington Regionai uriice Stormwater Fiie
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405-(910)796-72151 Fax:(910)350-2004
State Stormwater Management Systems
Permit Number SW8 931005 Mod.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Albert J. Ellis Airport Director
Albert J. Ellis Airport
264 Albert J. Ellis Airport Road, Richlands, Onslow County
FOR THE
construction, operation and maintenance of a 30% low density development in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the "deemed permitted" requirements of Session Law 2012-200
for Airports. The approved stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by.the Division of Energy,
Mineral and Land Resources, are considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. This permit covers the construction of a total of 129.40 acres of proposed built-
upon area within a 676.88 acre project area. Prior to this modification, there was
97.62 acres of BUA permitted for the Airport. This modification adds 1.39 acres
of built-upon area, resulting in a new permitted BUA amount of 99.01 acres
equivalent to 14.6% of the total site area. This leaves 30.39 acres available for
future development.
2. The overall tract built-upon area percentage for the project must be maintained at
30% or less, as required by Section .1005 of the stormwater rules. The tract is
limited to a maximum of 203.06 acres of built-upon area.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Per Session Law 2012-200, runoff from built-upon areas of the project must be
maintained via overland flow that promotes infiltration and treatment of
stormwater runoff into grassed buffers, shoulders, and grassed swales.
Maximum side slopes shall be 3:1 (H:V) as defined in the stormwater rules and
approved by the Division.
5. No piping is allowed except that as shown on the approved plans.
Page 2of5
State Stormwater Management Systems
Permit Number SW8 931005 Mod.
II. SCHEDULE OF COMPLIANCE
1. Projects covered by this permit will maintain a minimum 30-foot wide vegetative
buffer between all impervious areas and surface waters.
2. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area under this permit.
3. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
4. The permittee shall not subdivide and/or sell any portion of the 676.88 acre
project area, in whole or in part, unless and until the Division is notified of the
sale and approval is granted. The new property owner shall be required to submit
for and receive a permit to cover the development of that subdivided property.
5. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the permitted development, except for average driveway
crossings, is strictly prohibited by any persons.
6. Prior to the development of any future BUA or additional built-upon area in
excess of the currently proposed 129.40 acres, a permit modification must be
submitted to and approved by the Division. The modification must demonstrate
that the built-upon area does not exceed the maximum amount permitted under
this permit and that it meets the requirements of Session Law 2012-200.
7. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
9. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size or scope.
b. Redesign of the project's built-upon area or treatment.
c. Further development, subdivision, acquisition, or sale of any, all or part of the
project area.
d. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
e. Development of the designated future development areas.
f. Additional built-upon area over and above 129.40 acres.
g. Any changes that affect compliance with Session Law 2012-200.
Page 3of5
State Stormwater Management Systems
Permit Number SW8 931005 Mod.
11. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at optimum
efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and re-vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
12. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in any written information request.
III. GENERAL CONDITIONS
1. Any person or entity found to be in noncompliance with the provisions of a
stormwater management permit or the stormwater rules, is subject to
enforcement action in accordance with NCGS 143, Article 21.
2. The permit issued shall continue in force and effect until modified, revoked or
terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re-issuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation
as listed on the form, to the Director at least 60 days prior to any one or more of
the following events:
a. An ownership change including the sale, subdivision, and/or conveyance of
the project area in whole or in part;
b. Bankruptcy;
c. Foreclosure;
A. Dissolution of the partnership or corporate entity;
e. A name change of the current permittee;
f. A name change of the project;
g. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all permit conditions until the
Director approves a transfer of ownership.
7. The permittee grants permission to DENR Staff to enter the property during
normal business hours, for the purpose of inspecting all components of the
stormwater management facility.
8. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction.
Page 4of5
State Stormwater Management Systems
Permit Number SW8 931005 Mod.
9. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
Permit modified and reissued this the 27th day of February 2015
NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------------------
racy D is, P.E., Di ctor
Division of Energy, ineral and Land Resources
By Authority of the Environmental Management Commission
Page 5of5
V
DEMLR USE ONLY
Date Received Fee Paid(express only) Permit Number
2-fib-! �SUU°v �55R4�� S' 8 93lc+�S
State of North Carolina
Department of Environment and Natural Resources
Division of Energy,Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
I. Stormwater Management Permit Number: SW8 931005
2. Project Name:Albert T.Ellis TgWoraly Rental Car Service Center I V/'E IF%
p'
3. Permit Holder's name(specify the name of the corporation,individual,etc.): DEC 2014
Onslow Comiy
BY:
4. Print Owner/Signing Official's name and title(person legally responsible for pemgnitLc
Christopher White,Albert T.Ellis Airport Director eCEIVFEB
C
5. Mailing Address for person listed in item 2 above: FEB 19 gas
e
264 Albert 1.Ellis Airport Road ay �x I/Y/1-
City:Richlands State:NC Zip:28574
Phone: 910 ) 989-3162 Fax: ( )
Email:Chris White@onslowcountync.gov
II. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed(attach additional pages if needed):
The proposed project is a Temporary Rental Car Service Center with a paved driveway and gravel parking
lot and access roads.The project is adding 1.39 acres of BUA of the overall permitted BUA at the airport
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and
Land Resources(DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Iru_ ais
• Original&1 copy of the Plan Revision Application Form —� _
• Two (2)copies of revised plans(must be revisions of original approved plan sheet(s))
If aping for Express review(only available in 20 coastal counties):
• Application fee of$500.00(made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in General Information,item 3) Christopher Fhi to
certify that I have authorized these plan revisions and that the information included on this plan revision
application is,to the best of my knowledge,correct and complete.
F
•
Signature: Date: 12.1 16ttq
Plan Revision Form Rev.Oct. 31,2013
1 5 r r 8 /� S For DENR Use ONLY
I�/` �V .!G✓,J Reviewer:
® 1 walDepartment of Environment and
atural Resources Submit:
NCDENR `or equest for Express Permit Review Time:
Confirm:
FILL-IN all the information b ow and CHECK the Permit(s)you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative,site plan(PDF file).and vicinity map(same items expected in the application
package of the project location.Please include this form in the application package.
• Asheville Region Alison Davidson 828-296-4698;alison.davidsonta-ncdenr gov Provided Existing Permits
• Fayetteville or Raleigh Region-David Lee 919-7914203;david.lee(a)lncdenn-goy related to this Proiect
• Mooresville&Winston Salem Region-Patrick Grogan 704-235-2107 or patrick.progan(ftcdennoov SW 8931005
• Washington Region-Lyn Hardison 252-948-3842 or lyn.hardison0mcdennoov SW
• Wilmington Region-Cameron Weaver 910-796-7303 or cameron.weaverftncdenr gov SW
NPDES
NOTE:Project application received after 12 noon will be stamped in the following work day. NPDES
WQ
Project Name:ALBERT J ELLIS AIRPORT TEMPORARY RENTAL CAR SERVICE CENTER County:ONSLOW WQ
Applicant:CHRISTOPHER WHITE Company:ALBERT J ELLIS AIRPORT E&S
Address:264 ALBERT J ELLIS AIRPORT ROAD City:RICHLANDS,State: NC Zip:28574-_ E&S
Phone:___,Fax:_-_- Email: @ Other
Physical Location:FROM US 17,TAKE US 258 NORTH/NC 24 WEST TO NC 111 -CATHERINE LAKE ROAD
TURN LEFT ONTO NC 111 FOR 5.3 MILES.TURN LEFT ONTO ALBERT J.ELLIS AIRPORT
Project Drains into SURFACE waters—Water classification C:NSW(for classification see-http://Portal.ncdenr.org/web/wp/os/csu/classifications)
Project Located in WHITE OAK River Basin. Is project draining to class ORW waters?N,within%mire and draining to class SA waters N,or within 1 mile
and draining to class HQW waters?N
Engineer/Consultant:AARON MCNEAL Company:RS&H
Address:8601 SIX FORKS ROAD STE 260 City:RALEIGH,State:NC Zip:27615-_
Phone:919-926-4103, Fax:___,Email:aaron.mcneal@rsandh.com
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT,IF AVAILABLE
$N/A #N/A JOBS
—2CTION ONE: REQUESTING A SCOPING MEETING ONLY
❑Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑DLR,❑OTHER: _
SECTION TWO: CHECK ONLY THE PROGRAM(S)YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑401 Unit ❑Stream Origin Determination:_#of stream calls—Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination:_#of stream calls—Please attach TOPO map marking the areas in questions
❑401 Water Quality Certification ❑ Isolated Wetiand(_linear ft or_acres)
17 Riparian Buffer Authorization ❑Minor Variance ❑Major General Variance
®State Stormwater ❑General ❑SFR, ❑ SFR< 1 ac. ❑Bkhd&Bt Rmp, ❑Clear&Grub, ❑Utility ❑Other
❑ Low Density ❑Low Density-Curb&Gutter _#Curb Outlet Swales ❑Off-site[SW (Provide permit#)]
❑ High Density-Detention Pond _#Treatment Systems ❑ High Density-Infiltration _#Treatment Systems
❑ High Density-Bio-Retention _#Treatment Systems El High Density—SW Wetlands _#Treatment Systems
❑High Density-Other _#Treatment Systems /®MOD:[]Major❑Minor®Plan Revision❑Redev.Exclusion SW (Provide permit#)
❑Coastal Management ❑Excavation&Fill ❑Bridges&Culverts ❑Structures Information
❑ Upland Development ❑Marina Development ❑Urban Waterfront
❑Land Quality ❑Erosion and Sedimentation Control Plan with_acres to be disturbed.(CK# (for DENR use))
SECTION THREE—PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT(for both scoping and express meeting request)
Wetlands on Site❑Yes®No Buffer Impacts: ❑No❑YES: —acre(s)
Wetlands Delineation has been completed: ❑Yes❑No Isolated wetland on Property❑Yes❑No
US ACOE Approval of Delineation completed:❑Yes❑No 404 Application in Process w/US ACOE: ❑Yes ❑ No Permit
Received from US ACOE❑Yes❑No
_For DENR use only_ _
ree Split for multiple permits: (Check# Total Fee Amount $
SUBMITTAL DATES I Fee SUBMITTAL.DATES Fag
CAMA $ 1 Variance(❑Maj;❑Min) $
SW(❑HD;❑LD,❑Gen) $ 401: $
LQS $ Stream Deter,_ $
NCDENR EXPRESS January 2014
MEMORY TRANSMISSION REPORT
TIME :02-27-2015 16:44
FAX NO
NAME
FILE NO. 012
DATE 02.27 16:42
TO 919198469080
DOCUMENT PAGES 6
START TIME 02.27 16:43
END TIME 02.27 16:44
PAGES SENT 6
STATUS OK
`SUCCESSFUL TX NOTICE'
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Date. ~Z 'No.Pwgae(excel.oover):
To: •�"/®/! � �1.'tea-� Froth: Jo C7ewmar
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Fax: [9101330-2004
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127 Ceu6im117hivn l ac,WiUmb gso .Nc 2g405 r C9103 796-7215-Ace 3tq%Ml OppofKw.ity jar9amttve AAG s pd
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Pat McCrary, Governor FAX COVER SBEET Donald A van der Vaar4 Secretary
Date. ```S' No. Pages(excl.cover):
To: � �0 ����� From: Jo Calmer
Co. �S Phone: (910)796-7336
Fax: % � Fax: (910)350-2004
127 Cardinal Drive Extension,Wilmington,NC 28405•(910)796-7215•An Equal Oppotlunity Affirmative Action Employer
Lewis,Linda
From: Randall, Mike
Sent: Thursday, February 19,2015 10:31 AM
To: Slater,Tom;Will Buie(wbuie@wgla.com)
Cc: Fuller,Jennifer M; Lewis,Linda
Subject: Deemed permitted Albert J Ellis airport
SL"(c4)The Department shall deem runways,taxiways,and any other areas that provide for overland stormwater flow
that promote infiltration and treatment of stormwater into grassed buffers,shoulders,and grass swales permitted
pursuant to the State post-construction stormwater requirements."
I did exchange an email w Linda and we agree that the Session Law doesn't go into what"other"areas are included (or
excluded).Clearly the intent of the SL was to include"other areas"outside runways and taxiways since those were
explicitly mentioned along with"other areas."
Other areas could include hangers,terminals,air traffic control,aircraft storage at airports,airfreight handling at
airports,airport leasing,airport terminal services,aircraft service/repairing,and material handling facilities that provide
for overland stormwater flow that promote infiltration and treatment of stormwater into grassed buffers,shoulders,
and grass swales(implicit). I'm not sure airport tenants and car rental operations were meant to be included (or
excluded). But,to the extent that the law was intended to address potential hazards from standing water, car rental
facilities that are on the airport property were not explicitly"excluded."
There may have been a secondary intent to promote economic development—in which case car rental facilities on
airport property that provide for overland stormwater flow that promote infiltration and treatment of stormwater into
grassed buffers,shoulders,and grass swales would be included.
I would like to get everyone thoughts on what"other areas"should be included(and excluded). We probably need to
run it by legal for a legal opinion.
In the mean time we may need to make a decision on Albert J Ellis Airport Project.
Mike Randall
Stormwater Permitting Program
NC Division of Energy, Mineral and Land Resources(DEMLR)
1617 Mail Service Center
Raleigh, NC 27699-1617
Office: 919-807-6374
Cell:919-389-7801
Email correspondence to and from this address may be subject to public records laws
From: Slater,Tom [mailto:Tom.Slater0rsandh.coml
Sent:Thursday, February 19, 2015 9:31 AM
1
To: Randall, Mike
Subject: Albert J Ellis Stormwater Permit
Good morning Mike... we talked last week about the Albert J Ellis stormwater permit
relating to the temporary rental car service center. I think you were trying to link up
with Linda Lewis - who we met with on February 10th concerning our express
permit. Linda said we met the intent of the aviation regulations but she was not sure
that our rental car tenant was covered under the case law. Our rental car ready/return
lot was already approved, so we are not sure why the controversy on this site.
Our contractor remains on hold until we can get a ruling from Linda... I just wanted to
check with you to see if you had a conversation with her before I call her back. Thanks
for all your help. TSS
Tom Slater, PE
Aviation Manager—Mid Atlantic
8601 Six Forks Rd,Suite 260
Raleigh, NC 27615
Phone:919-926-4101 /Fax:919-846-9080
Tom.Slater(&rsandh.com
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