ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA
January 11, 2012
Archdale Building-Ground Floor Hearing Room
1:00 PM - 2:30 PM
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 Environmental Management Commission’s Water Quality Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.
1:00 PM-Opening Comment Chairman Peterson
1. Request Approval of the Proposed Reclassification of a Segment of the Roanoke River along the Bertie County/Martin County Line (Roanoke River Basin) to Class WS-IV Critical Area (CA) and WS-IV (Protected Area or PA) -(Action Item) (Elizabeth Kountis)
Martin County Regional Water and Sewer Authority has requested the reclassification of a segment of the Roanoke River along the Bertie County/Martin County line (Roanoke River Basin). The subject portion of the Roanoke River is to be reclassified from Class C to Class WS-IV CA and WS-IV (PA) to allow a new public water supply intake. This new water supply source will allow Martin County and the Town of Williamston to meet requirements of the Central Coastal Plain Capacity Use Area (CCPCUA) rule and meet water demands through 2030. These waters meet the existing criteria for the proposed reclassification according to 2011 Division of Water Quality (DWQ) studies. The Water Quality Committee (WQC) will be asked to approve this reclassification request and the associated fiscal note in order for staff to proceed to the full Environmental Management Commission (EMC) for approval of the fiscal note and for permission to send the proposed reclassification and fiscal note out to public hearing. (Attachments enclosed: Map of Roanoke River Segment Proposed for Reclassification, Memo on Proposed Roanoke River Reclassification, and Fiscal Analysis for Proposed Reclassification for Roanoke River)(Power Point Presentation available as of 01/11/12)
2. Request to Proceed to the EMC for Approval of Local Programs Implementing the Falls Lake New Development Stormwater Rule, and Delegation of Further Approval Authority to the Division of Water Quality Director - (Action Item) (John Huisman)
The Falls New Development stormwater rule, 15A NCAC 2B .0277, requires 14 local governments to prepare, adopt, and implement programs to achieve nutrient control on runoff from new development within their respective jurisdictions. In March 2011, the EMC approved a model local program developed by staff with input from stakeholders. The Falls communities submitted proposed programs for DWQ staff review in August 2011 and have made revisions based on staff comments. DWQ staff requests that the WQC recommend that the EMC approve the 14 local programs as meeting the minimum requirements established in Items (3) and (4) of the rule. (Attachments enclosed: Local Programs - Town of Wake Forest, Town of Stem, City of Roxboro, Durham County, City of Creedmoor, Town of Butner, Granville County, Person County, Wake County, City of Durham, Franklin County, Orange County, Town of Hillsborough Parts I & II, City of Raleigh, and the Falls Lake Local Programs Summary Report) (Power Point Presentation available as of 01/11/12)
DWQ staff also requests permission for the DWQ Director to grant final approval to any programs on which the Commission places contingencies upon resolution of those contingencies, and to approve any subsequent program amendments that these communities may propose from time to time. In those instances when the Director determines that approval of a modification merits additional scrutiny, the Director shall forward that issue to the WQC for its review and deliberation.
3. Study of the Neuse and Tar Pamlico Buffer Rules Pursuant to Session Law 2011-394(17)(e)– (Information Item)(Amy Chapman)
On behalf of the Department of Environment and Natural Resources (DENR), DWQ staff has conducted a study, pursuant to Session Law 2011-394 (17)(e), of the application and implementation of the Neuse River Basin Riparian Buffer Rules (15A NCAC 02B .0233) and the Tar-Pamlico River Basin Riparian Buffer Rules (15A NCAC 02B .0259). The purpose of the study was for DENR to consider (i) whether the Neuse and Tar-Pamlico riparian buffer rules might be amended or implemented in a different way to achieve the same level of water quality protection while reducing the impact to riparian property owners in the two river basins; and (ii) exempting all single family residence lots (lots of two acres in size or less) platted prior to August 1, 2000.
4. Update on Proposed Consolidated Buffer Mitigation and Flexible Mitigation Options Rule– (Information Item) (Amy Chapman)
DWQ will present an overview, including the changes the WQC requested in the July 2011 meeting, of the proposed revised Riparian Buffer Mitigation Rule (0295). The associated draft fiscal analysis will be presented in March to the WQC once revisions to the analysis per OSBM are completed. The Rule 02B .0295 is a consolidation of several Riparian Buffer Mitigation Rules (15A NCAC 02B.0242, .0244, .0260, .0268, .0609 and .0252) into one Riparian Buffer Mitigation Rule (0295). The purpose of this consolidation is to make these rules easier to use and also to comply with requirements in Session Law 2009-337 and Session Law 2011-398. Also included in this consolidation of existing rules are new rules addressing Flexible Mitigation Options as required by the North Carolina General Statute 143-214.20. (Attachments enclosed: Rule 02B .0295)(Power Point Presentation available as of 01/11/12)
5.Update on Mercury Total Maximum Daily Load (TMDL)-(Information Item)(Kathy Stecker)
DWQ staff will present an update on actions completed and currently underway to develop a statewide mercury TMDL, with emphasis on new information since the previous EMC update in July 2011. Staff will discuss next steps toward completion of the TMDL. The Divisions of Air Quality and Water Quality are collaborating on this project. (Power Point Presentation available as of 01/11/12)
Closing comments – Chairman Peterson
This agenda is available on the internet at http://portal.ncdenr.org/web/emc/agenda/2012/home