Hi Mr. Barnett. Certain industries that have certain industrial classification codes are required to have the Multi-Sector General Permit (attached). This is a different permit that the construction permit. Depending on the type of facility (the MSGP calls the types ”sectors”) the facility has certain sampling requirements and certain best management practices (BMPs) that they have to meet. Originally, AirBorn was going to have to implement a SWP3 ( follow certain BMPs, sample the storm water, document when and how much rainfall they receive, etc) as the MSGP calls for but they changed their on-Site practices so that none of their operational activities are located outdoors where storm water might be impacted by their activities so they meet the requirements of the No Exposure Classification exemption to the MSGP. That NEC that Rusty submitted to you and to the State basically says, we realize that we fall within the limits of this permit, we have evaluated the permit and the conditions on our Site, and based on what we have found we meet the requirements for the NEC and are not required to implement a SWP3. The purpose of filing the NOI or NEC with the municipality is to document that either the facility is implementing a plan or to let you know that they have evaluated the MSGP and on-Site operations and have determined that they meet the NEC requirements. It is up to the municipality if they want to do anything with them or not. A Notice of Termination (NOT) should also be filed with the State and the municipality should the facility not need a permit anymore (new owner, leave the Site, etc) to let you know that those operations are not occurring at that location anymore. I believe this is the same as the construction permit. If I am off base with what you are asking let me know, you are more than welcome to call me on the phone or email me if you have any more questions. Thanks, Mr. Barnett. Nick Foreman Environmental Scientist II W&M Environmental Group, Inc. 906 East 18th Street, Plano, Texas 75074 (o) 972.509.9609 (f) 972.516.4145 (c) 817.680.1417 From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Tuesday, December 08, 2009 11:07 AM To: Nick Foreman Subject: RE: AirBorn NEC Nick, This is the first time we have received a NOI for a project that was not constructing something, so it created some confusion as to the purpose. We do track all of the NOIs we receive and compile them at the end of the year, so we appreciate receiving it. However, we are still confused as to its purpose. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Nick Foreman [mailto:nforeman@wh-m.com] Sent: Tuesday, December 08, 2009 9:32 AM To: Clay Barnett Subject: AirBorn NEC Good Morning, Mr. Barnett. Rusty McPike from AirBorn Interconnect, Inc. called me last week and indicated that he stopped by your office to drop of his No Exposure Certification (NEC) notice. He also indicated that you weren’t exactly sure why they were submitting it to you. The Multi-Sector General Permit (MSGP) indicates that if the Site is in a municipality that has a Municipally Separate Storm Sewer System (MS4) then the Notice of Intent (NOI) or NEC should be filed with the State and the municipality if it is required. Some municipalities do not require that the NOI or NEC be filed while some do. Some municipalities, such as Dallas, require that they be submitted to the City and use them as a way of tracking where the Storm Water Pollution Prevention Plans (SWP3) are being implemented and some use them as a trigger to inspect the facilities. Then again, I have seen municipalities as for them, stick them in a folder and are never to be heard from again. And again, some municipalities don’t require that the NEC or NOI be filed with them but we have seen more often than not that they are required so it is W&M’s protocol to have our clients submit the NEC or NOI unless we have worked in the municipality before and know that it is not requested. Thanks for your assistance. Let me know if you have any questions. Nick Nick Foreman Environmental Scientist II W&M Environmental Group, Inc. 906 East 18th Street, Plano, Texas 75074 (o) 972.509.9609 (f) 972.516.4145 (c) 817.680.1417 ****************************************************************************************************************** This e-mail and any files or attachments transmitted with it contains Information that is confidential and privileged. This document may contain Protected Health Information (PHI) or other information that is intended only for the use of the individual(s) and entity(ies) to whom it is addressed. If you are the intended recipient, further disclosures are prohibited without proper authorization. If you are not the intended recipient, any disclosure, copying, printing, or use of this information is strictly prohibited and possibly a violation of federal or state law and regulations. If you have received this information in error, please delete it and notify Hamid Khaleghipour at 972-450-2868 immediately. 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