NO MORE PONDS: Interagency Collaboration to Change Stormwater Management Rules for North Carolina Airports

Jennifer Fuller, P.E.

2014 NCAMPO Conference May 14, 2014

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North Carolina Airports (72 Publicly Owned / Publicly Operated Airports)

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Total Annual Program Funding

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Wildlife Hazard Assessments Site Visits

Training Days

“Flash Points”

Wildlife Hazard Management Plans

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RUNWAY

POND

PROBLEM: PONDS AT AIRPORTS

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POND

RUNWAY

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POND

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POND

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POND

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“Impacts of resident Canada goose movements on zoonotic disease transmission and human safety at suburban airports” -Research project led by Liz Rutledge at NC State University.

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All goose movements were at altitudes hazardous to aircraft- within the airport environment 99% of goose movements were within 5 miles of airport Recommend active management (lethal removal) within 5 miles, during the molting period … remove ponds?

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So…….Where did all these ponds come from??

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In North Carolina, the USEPA

delegates authority for stormwater

permitting to the NC Department of Environment

and Natural Resources

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Division of Energy, Mineral and Land Resources (DEMLR)…previously DWQ Post Construction “State Stormwater Permit”

In North Carolina, the State Stormwater Permitting Program permits built-upon area (impervious surfaces) resulting from development projects. Permitting involves review and approval of any engineered stormwater best management practices (BMPs)

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Team included: Division of Aviation staff

NCDENR- permitting staff

NC State University research staff USDA wildlife biologists

WK Dickson consulting staff

2011 Airport Visits

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Wildlife Hazards at Airports Overview Description of Public Airports Pollutants of Concern, and NOT of concern Non-Structural SW Management Why PONDS are BAD BMP Toolbox Matrix Detailed description of the BMPs (structural/non-structural, land side vs. air side) Stormwater Master Plan approach

Toolbox

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Surprise!

House Bill 119 / S.L. 2011-394

SECTION 20. The Department of Environment and Natural Resources shall study the stormwater management requirements for airports in the State.

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House Bill 119 Resulted in: Seven statewide NCDENR listening sessions Report by NCDENR-DWQ to the NC Legislature Extensive comments from Airport Sponsors.

Comments from NC Airports, NCAA, and the Division of Aviation:

Training/Outreach to regional permitting offices & centralize permitting Specific guidance/rule change/de minimus effect (exemption) Airports are unique/recognition of clean runoff at airports Airport Revenues GA vs CS …maintenance and mitigation costs General paradigm shift

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Senate Bill 229 Signed into law by Governor Bev Perdue

August 1, 2012

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PART VI. PART VI. DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ACCEPT ALTERNATIVE MEASURES OF STORMWATER CONTROL AT PUBLIC AIRPORTS

SESSION LAW 2012-200 SENATE BILL 229

SECTION 6. G.S. 143-214.7 is amended by adding two new subsections to read: “(c3) In accordance with the Federal Aviation Administration August 28, 2007 Advisory Circular No. 150/5200-33B (Hazardous Wildlife Attractants on or Near Airports), The Department shall not require the use of stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section at public airports that support commercial air carriers or general aviation services.

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And…

Development projects located within five statute miles from the farthest edge of an airport air operations area, as that term is defined in 14 C.F.R. § 153.3 (July 2011 Edition), shall not be required to use stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section. Existing stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section located at public airports or that are within five statute miles from the farthest edge of an airport operations area may be replaced with alternative measures included in the Division of Water Quality's Best Management Practice Manual chapter on airports.

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And…

In order to be approved by the Department, alternative measures or management designs that are not expressly included in the Division of Water Quality's Best Management Practice Manual shall provide for equal or better stormwater control based on the pre- and post-development hydrograph. Any replacement of existing stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water shall be considered a minor modification to the State general stormwater permit. (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."

WOWZER!

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SB 229 goes into effect

NCDENR began process to add the toolbox to the existing BMP Manual

Currently it is the newly added Chapter 13 An interactive BMP analysis spreadsheet was created to assist engineers

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The Airport BMP Chapter

Background information Wildlife hazards Description of airports Pollutants of concerns Non-structural stormwater management practices SB 229 Permitting Low Density projects High Density projects SB 229 (overland flow deemed permitted) Stormwater master plans Engineered BMPs

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All development projects within 5 miles

NCDENR (or the Local Government) will review applications for new development If within 5 miles of an airport - NCDENR will request the applicant to review the plans with the airports NCDENR (or the Local Government) will approve and issue the permits

Objections to any approved stormwater control measures will

be noted in the cover letter

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Credit for all that grass! Runways, taxiways, and any other areas that provide for overland stormwater flow are “deemed permitted”.

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Overland Flow

Minimum distance stormwater runoff must travel: 12 feet for slopes of 3% or less 12-15 feet for slopes greater than 3% but less than 10% 15-30 feet for slopes greater than 10% but less than 35%

80% or greater vegetation coverage The receiving area must be graded to avoid reconnection

Areas receiving stormwater runoff must be similar in length and width to the impervious surface

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First use of SB229: Henderson Field KACZ

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• NCDENR walked the site and reviewed drainage maps. • NCDENR responded the next day that no permit was needed, therefore

no permit application and no permit fee was required.

• Saved $250K in design/construction of a pond, …not including maintenance.

Apron Expansion provided overland flow

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Success.

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SB 229 is a great start…..

• Centralized Permitting for airports (other NCDENR Divisions) • Other attractants: brown top millet

• Coordination with developers & educating engineers

• Wetlands and streams, mitigation costs

• Commercial Service airports, especially coastal

• Local stormwater permitting criteria more strict than DWQ

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Acknowledgements

Mike Begier Jon Heisterberg Andy Moore Brian Washburn

John Weller Ryan Winston Bill Hunt Liz Rutledge

Ryan Winston Bill Hunt Liz Rutledge Matt Lauffer

Rick Barkes Richard Walls

Scott Whalen Ken Carper Judy Weseman

Scott Hinton Brad Whited Julie Wilsey

Rep. Bill Owens, Jr. Rep. Mitch Gillespie Sen. Don East Sen. David Rouzer Sen. Brent Jackson

Mike Randall Chuck Wakild

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QUESTIONS?

jmfuller@ncdot.gov

919.814.0560