NC Department of Environment and Natural Resources
Environmental Management Commission - January 14, 2010
Environmental Management Commission
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NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina January 14, 2010 9:00 AM General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time. Stephen T. Smith, Chairman, Presiding I. Preliminary Matters 1. Call to Order 2. Approval of minutes from the November 19, 2009 Commission Meeting II. Action Items 1. 10-01 Request for Approval of Phase II Stormwater Designations p 1 (DWQ) Bethany Georgouilas Attachment A – Phase II Designation Public Notice p A1 Attachment B – Excerpt from Session Law 2006-246 pp B1-6 2. 10-02 Request to Proceed to Public Hearing to Amend the Prevention p 1 of Significant Deterioration and Sources in Nonattainment Areas Rules (DAQ) Mike Abraczinskas Attachment A- PSD NSR Final pp A1-8 3. 10-03 Request to Proceed to Public Hearing to Amend Volatile p 1 Organic Compound (VOC) Reasonably Available Control Technology (RACT) Rules (DAQ) Mike Abraczinskas Attachment A – VOC CTG Final pp A1-39 4. 10-04 Approval of IBT Settlement Guidance p 1 (DWR) Toya Ogallo Attachment A – IBT Settlement Process Guidance pp A1-2 5. 10-05 Approval to Initiate Round 4 Jordan Lake WS Allocation p 1 (DWR) Tom Fransen Attachment A – Jordan Lake Water Supply Allocation Request pp A1-6 Attachment B – Jordan Lake Water Supply Storage Allocation pp B1-4 Attachment C– Water Resource Programs pp C1-3 6. 10-06 Request to Approve the Final Draft of the Lumber River p 1 Basin Plan (DWQ) Michael Tutwiler Attachment A – Lumber River Basinwide Water Quality Plan pp A1-232 7. 10-07 Request to Approve Delegation to Mecklenberg County to p 1 Implement Portions of the Site Specific Water Quality Management Plan for the Goose Creek Watershed within the Town of Mint Hill (DWQ) Rob Krebs Attachment A – 2B .0600 - .0609 pp A1-18 Attachment B – Mint Hill Post Construction Ordinance Final pp B1-81 THIS ITEM HAS BEEN MOVED 8. 10-08 Request for Consideration of Hearing Officer Recommendations on the Animal Operations Monitoring Rules, 15A NCAC 2T .1310 and .1311 (Dr. David Peden/Mayor Darryl Moss/Tom Ellis) Attachment A – Hearing Officer’s Report 9. 10-09 Request to Proceed to Public Hearing with Proposed p 1 Nutrient Offset Payment Actual Cost Rate Rule for the North Carolina EcoSystem Enhancement Program and Amendment of the Nutrient Offset Payment Rule for the 404/401 Permitting Program, Riparian Buffer Protection Program and Nutrient Offset Program (DWQ) John Dorney/Matt Matthews (EEP) Suzanne Klimek Attachment A – Item Summary pp A1-2 Attachment B - .0240 Amendment pp B1 Attachment C – ACM Rule pp C1-3 10. 10-10 Presentation of Administrative Law Judge's Recommended p 1 Decision, Appalachian Voices v. DENR, DAQ and Duke Energy Carolinas LLC, 08 EHR 0779 and 09 EHR 3175 (AG) Frank Crawley Attachment A - Official Record pp A1-1155 Attachment AA – Addendum to the Official Record pp AA1-170 Attachment B – Motion to File Out of Time pp B1-3 Attachment C – Exceptions to Decision pp C1-3 Attachment D – Brief in Support of Exceptions to Decision pp D1-33 Attachment E – Proposed Decision pp E1-7 Attachment F - Duke Energy Carolinas' Memorandum of Law pp F1-8 in Support of the Decision Attachment G - Respondent DAQ Brief in Support of Order pp G1-11 Denying Summary Judgment III. Information Items 1.10-01 Annual Progress Reports for the Neuse and Tar-Pamlico p 1 Agricultural Rules (DWQ) John Huisman Attachment A – Neuse Annual Report CY2008 Final pp A1-10 Attachment B – Tar-Pamlico Annual Report CY2008 Final pp B1-11 2. 10-02 Falls Lake Nutrient Management Strategy Development Update p 1 (DWQ) John Huisman Attachment A – Falls Lake Summary pp A1-10 3. 10-03 Falls Lake Septic Tank Study p 1 (DEH) IV. Status Report by EMC Committee Chairmen a. Water Allocation Committee b. Water Quality Committee c. Groundwater Committee d. Air Quality Committee e. Steering Committee f. NPDES Committee g. Renewable Energy Committee V. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG01-14-10
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N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh,
NC
27699-1601
USA
Headquarters (Environment and Natural Resources Building):
217 W. Jones St.
Archdale Building:
512 N. Salisbury St.
Toll Free:
(877) 623-6748