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HomeMy WebLinkAboutSW8931005_Historical File_20150227 AF4�.K ?AWA 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required.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' Stwte t rrrowtn cawoliaw :Dapwrtmmt or m=wlL—®eat®d mmsnrY Fmcw�roer Wnm1ast0a mock awl Otrioe 21 Awbcbwg-w GeWorno:- FAX COVER 6HEET lxoueddR•+nus dw Vawif SecrCtary Date. ~Z 'No.Pwgae(excel.oover): To: •�"/®/! � �1.'tea-� Froth: Jo C7ewmar Co: �S_��� PhOae: (f�10]79F 7336 - Fax: [9101330-2004 R8: �Gs.�Ci- � ✓�'��/�i j �i'�-gym.r� 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 Visit our website atwww.rsandh.com Connect with RS&H on Facebook Twitter Linkedln 2