NC Department of Environment and Natural Resources
Environmental Management Commission - December 3, 2012
Environmental Management Commission
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NORTH CAROLINA 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina December 3, 2012 11:00 a.m. 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 II. Action Items 12-41 Request for Declaratory Ruling Cape Fear River Watch, Sierra Club, (pp 1-2) Waterkeeper Alliance, and Western North Carolina Alliance (AG) Frank Crawley (Filings from the November 8, 2012 EMC Meeting) Attachment A – Petitioner’s Motion for Declaratory Ruling (pp A1-460) Attachment B – Request for Declaratory Ruling Supplement (pp B1-15) with enclosures Attachment C – Petitioner’s Memorandum in Support of (pp C1-15) December Ruling Attachment D – Motion to Intervene (pp D1-4) Attachment E – Memorandum Supporting Denial of the (pp E1-9) Request for Declaratory Ruling Attachment F – Petition for Declaratory Ruling Factual (pp F1-6) Stipulations Attachment G – DWQ Attachment No. 1 Facilities List (p G1) (an attachment to the Stipulations) Attachment H – Response of NCDENR, DWQ in Opposition (pp H1-9) to Petitioners’ Request for a Declaratory Ruling
(Current Filings) (SELC) D. J. Gerken (for Petitioners) - POWERPOINT PRESENTATION EMC Supplement Letter 11-27-12 (pp 1-2) Attachment A – 1984 2L Rules (pp A1-5) Attachment B – Internal DENR Emails (2009) (pp B1-4) Attachment C – Internal DWQ Emails (2009) (p C1) Attachment D – DOJ-DENR Email Exchange (2009) (pp D1-5) Attachment E – DENR Draft Memo Re: DWQ Approach to (pp E1-2) Coal Ash Ponds (2009) (AG) Kathy Cooper/Don Laton (for DWQ) - POWERPOINT PRESENTATION Attachment A – Brief of DENR, DWQ on the Merits of (pp A1-38) Petitioners’ Request for Declaratory Ruling Attachment B – Exhibit List (p B1) Exhibit A – NCAC Title 15 Subchapter 2L Groundwater (pp Exi A1-10) Classifications & Standards - June 10, 1979 Exhibit B – NCAC Title 15 Subchapter 2L Groundwater (pp Exi B1-16) Classifications & Standards - 11/08/83 Exhibit C – NCAC Title 15 Subchapter 2L Groundwater (pp Exi C1-19) Classifications & Standards - Fall 1984 Exhibit D – Hearing Officer’s Report & Recommendation (pp Exi D1-9) Exhibit E – Notice of Hearing (p Exi E1) Exhibit F – G/W Standards & Classifications – 3/13/1984 (pp Exi F1-17) Exhibit G – NCAC Title 15 Subchapter 2L Classifications (pp Exi G1-16) & WQ Standards – Current through 12/14/1989 Exhibit H – Table of Contents Subchapter 2L G/W (pp Exi H1-17) Classifications & Standards Exhibit I – Summary and Recommendations of the (pp Exi I1-2) Hearing Officers Exhibit J – NCAC Title 15A Subchapter 2L Classifications (pp Exi J1-50) & WQ Standards – Current through 11/8/1993 Exhibit K – Affidavit of S. Jay Zimmerman (pp Exi K1-5) (Duke Energy) Charles Case - POWERPOINT PRESENTATION Memo Submitted on Behalf of Intervenors (pp 1-23) Attachment A – Affidavit of Jeffrey J. Lyash (A1-4) Attachment B - Letter from Ellis Hankins, Executive Director (pp B1-2) for the North Carolina League of Municipalities Attachment C - Letter from S. Lewis Ebert, President and (pp C1-2) CEO for the North Carolina Chamber Attachment D - Letter from A. Preston Howard, Jr., P.E., (pp D1-3) President of the Manufacturers and Chemical Industry Council of North Carolina Attachment E - Letter from J. Russell Allen, Manager for the (pp E1-3) City of Raleigh Attachment F – Letter from Larry B. Wooten, President of the (pp F1-2) North Carolina Farm Bureau Federation, Inc. Attachment G - Letter from Deborah M. Johnson, Chief Executive (pp G1-2) for the North Carolina Pork Council, Inc. III. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG012-03-12
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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