NC Department of Environment and Natural Resources
Environmental Management Commission - March 11, 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 March 11, 2010 9:00AM 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 January 14, 2009 Commission Meeting 3. Resolution for Commissioner Freddie Harrill II. Action Items 1. 10-11 Renewal of the Cooperative Agreement between the Environmental p 1 Management Commission, the Division of Water Resources and the Lumber River Council of Governments (DWR) Nat Wilson Attachment A – Cooperative Agreement p A1 2. 10-12 Request for Approval of the Interbasin Transfer Settlement p 1 Guidance Document (DWR) Toya Ogallo Attachment A – IBT Mediation Process Guidance Draft pp A1-2 3. 10-13 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 A1-241 4. 10-14 Request to Proceed to Public Hearings on Proposed Triennial p 1 Review Rule Amendments to Surface Water Quality Standards (DWQ) Connie Brower/Jeff Poupart Attachment A – Draft Rules Triennial Review pp A1-42 Attachment B – Metals Dissolved Standards Summary p B1 Attachment C – Implementation 2010 Metals pp C1-13 Attachment D - 2008-2010 Surface Water Triennial Review pp D1-20 5. 10-15 Request to Approve Phase II Stormwater Designation Recommendations p 1 for Havelock, Kinston, New Bern, Smithfield and Wilson (DWQ) Mike Randall Attachment A – Phase II Designation Public Notice p A1 Attachment B – Excerpt from Session Law 2006-246 pp B1-6 6. 10-16 Request for Consideration of Delegating Approval of Local (p 1) Sewer Line Permitting Programs to the DWQ Director or Approval of the City of Mooresville Local Sewer Line Permitting Program (DWQ) Deborah Gore 7. 10-17 Request to Adopt the Hearing Officers' Recommendation on p 1 the Proposed Revisions for Rules 15A NCAC 02B .0250 and Revisions to Rules 15A NCAC 02B .0248 and 15A NCAC 02B .0252 for the Randleman Lake Water Supply Watershed (DWQ) Donnie Brewer, John Curry Attachment A – Randleman Public Hearing pp A1-177 8. 10-18 Request to Proceed to Public Hearing with the Proposed Falls p 1 Lake Nutrient Strategy and Request for a “30 Day” By-law Waiver (DWQ) John Huisman Attachment A – Falls Lake Draft Rules and Amendments pp A1-179 Attachment B - Falls Lake Major Comments Summary pp B1-7 Attachment C – Falls Lake Process and Rule Summary pp C1-4 9. 10-19 Presentation of Administrative Law Judge's Recommended p 1 Decision, Saint-Gobain Containers Inc., v. DENR, DAQ, 09 EHR 1616, 09 EHR 5351, County of Vance (AG) Frank Crawley Attachment A - Official Record pp A1-229 Attachment B – Transcript pp B1-41 Attachment C – Petitioner’s Exceptions pp C1-11 10. 10-20 Presentation of Administrative Law Judge’s Recommended p 1 Decision, Sidney Bruton, III, v. DENR, DAQ 09-114, (AG) Frank Crawley Attachment A - Official Record pp A1-50 Attachment B – Letter from Sidney Bruton, III pp B1-2 11. 10-21 Presentation of Administrative Law Judge’s Recommended pp 1-2 Decision, Jackson County Government of North Carolina, et al. v. DENR, DWQ 2003-0179, 08 EHR 0019, 07 EHR 2201 (AG) Frank Crawley Attachment A - Official Record pp A1-364 Attachment B – Duke Energy Written Arguments pp B1-72 Attachment C – Ltr from Sueanna Sumpter Request for pp C1-1 Oral Argument Attachment D – Jackson County Email-No Exceptions pp D1-2 III. Information Items 1. 10-03 Special April EMC Meeting to Address Greenhouse Gas pp 1-2 Tailoring Rule (DAQ) Joelle Burleson 2. 10-04 Coal Ash Update (DWQ) Ted Bush (DLR) Jim Simons pp 1-18 3. 10-05 Update on Concord-Kannapolis Litigation (Closed Session) (AG) Jennie Hauser 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 AG03-11-10
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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