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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Environmental Management Commission - July 09 WQC Agenda

Environmental Management Commission

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ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA
 
July 9, 2014
Archdale Building-Ground Floor Hearing Room
1:00 PM – 3:00 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.
 
Chairman Steve Tedder, Chairman Presiding
 
I. Preliminary Matters
 
1. Approval of Summary for May 7, 2014 WQC meeting (attached).
 
II. Agenda Items
1. Request to Proceed to the Environmental Management Commission (EMC) for Approval of Public Comment and Hearing on Proposed Amendments to Stormwater Rule 15A NCAC 02H .1002 including a Definition of Gravel and Approval of the Fiscal Note- (Action Item) (Julie Ventaloro)
 
The Division of Energy, Mineral and Land Resources (DEMLR) will request the Water Quality Committee’s (WQC) approval to proceed to the EMC with proposed amendments to the subject rule.  Session Law 2013-413 amended G.S. 143-214.7 to exclude “gravel” from the definition of “built-upon area.” This proposed rulemaking incorporates the revised definition of “built-upon area” into Rule 15A NCAC 02H .1002 as required by G.S. 143-214.7 and replaces the identical temporary rule currently in effect.  The proposed rulemaking also defines the term “gravel” and includes other changes that are technical in nature, such as renumbering and alphabetizing the definitions. All of these changes provide clarity to the regulated community on the implementation of stormwater rules that are required by G.S. 143-214.7. In accordance with G.S. 150B-19.1, DEMLR has submitted a fiscal note to the Office of State Budget Management for review. The EMC will be asked at its July 10, 2014 meeting to waive the 30-day rule in order to allow adoption of these permanent rule changes before the temporary rule expires on January 10, 2015. (Attachments enclosed: Draft Rule Amendment for15A NCAC 02H .1002, Definitions and associated Fiscal Note).
 
2. Proposed Reclassification of a Section of the Cape Fear River in New Hanover and Brunswick Counties (Cape Fear River Basin) from Class SC to Class SC Sw with a Water Quality Management Plan - (Action Item) (Elizabeth Kountis)
 
A request to reclassify a portion of the Cape Fear River has been received by the Division of Water Resources (DWR). Staff with the Lower Cape Fear River Program submitted this request. The subject portion of the Cape Fear River is proposed to be reclassified from Class SC to Class SC Swamp with a water quality management plan. The Water Quality Committee will be asked to approve this reclassification request in order for staff to proceed with preparing the fiscal note, then, staff would come to the EMC for approval to proceed to public hearing. (Attachments enclosed: Reclassification Request, Lower Cape Fear Proposed Sw Memorandum, Draft Rule Amendment for 02B .0227, Draft Rule Amendment for 02B .0311, LCFR Reclass Fact Sheet_Posted 07_02_2014, and PowerPoint Presentation).
 
3. Status of Rules Review of Subchapters 02B, 02H, 02T, and 02U in accordance with S.L. 2013-413 (HB74) – (Information Item) (Jeff Manning)
 
In accordance with General Statute 150B-21.3A, the EMC at its March 2014 meeting, made an initial determination of “necessary with substantive public interest” for 15A NCAC 02B (116 rules), 02H (119 rules), 02T (108 rules), and 02U (32 rules). A comment period was held from March 17, 2014 to May 21, 2014 to accept comments on the rules and its initial determination. Staff will present an overview of the comments received and will return to the EMC in September with a final recommendation for EMC’s action. (Attachments enclosed: All Comments 2B, All Comments 2H, All Comments 2T, All Comments 2U and PowerPoint Presentation).
 
4. Update on 303(d) List – (Information Item) (Cam McNutt)
 
DWR submitted North Carolina’s 2014 303(d) list to the Environmental Protection Agency (EPA) on March 31, 2014. The 303(d) list, a biennial Clean Water Act requirement, identifies waters that do not meet water quality standards and require development of a total maximum daily load (TMDL) or other restoration plan. Staff will discuss the contents and status of the 2014 submittal package, and provide a proposed schedule for the 2016 list. DWR is accepting public comment on NC’s 303(d) Listing Methodology through July 31, 2014. (Attachments enclosed: PowerPoint Presentation).
 
5.  Nutrient Development Criteria Plan Update – (Information Item) (Dianne Reid)
 
Staff will provide an update on the Nutrient Criteria Development Plan (NCDP) plan that is part of North Carolina’s Clean Water Act Section 106 Workplan agreement with the Environmental Protection Agency (EPA).  Since the Committee’s last update in November 2013 the public and the EPA commented on two drafts of the NCDP. Improvements to the plan contributed by stakeholders include clarification that nutrient criteria will ultimately be developed throughout NC, and the addition of language providing renegotiation of task/milestone deadlines due to unforeseen events.  In June, EPA and NC reached “mutual agreement” on the NCDP.  A brief overview of the plan, upcoming deadlines and a description of the Scientific Advisory Council that will be formed will be provided. (Attachments enclosed: NC-NCDP June 2014, Mutual Agreement NCDP 6-27-14, and PowerPoint Presentation).
 
6. High Rock Lake Nutrient Modeling Update - (Information Item) (Pam Behm)
 
DWR has been working with a Technical Advisory Committee, comprising of state and local organizations, since 2005 to develop the tools (watershed and nutrient response models) that will be used to support a strategy to manage nutrients entering the lake. The purpose of this information item is to provide background on the nutrient status of the lake, and an update on the modeling effort. (Attachments enclosed: PowerPoint Presentation).

III. Closing Comments  
Chairman Tedder
This agenda is available on the internet at http://portal.ncdenr.org/web/emc/july-09-wqc-agenda
 
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