skip to main content | skip to footer
N.C. Department of Environment and Natural Resources

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

Environmental Management Commission

Web Content Display javax.portlet.title.56

Revised July 13, 2011


ENVIRONMENTAL MANAGEMENT COMMISSION

WATER QUALITY COMMITTEE MEETING

AGENDA


July 13, 2011

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 EMC 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.Overview of Report “Compensatory Stream and Wetland Mitigation in North Carolina – An Evaluation of Regulatory Success” – (Information Item) (Tammy Hill)

The purpose of the study was to evaluate compensatory mitigation efforts in North Carolina (NC), in order to determine if mitigation required under Section 404 permits issued by the U.S. Army Corps of Engineers and 401 Water Quality Certifications issued by the NC Division of Water Quality (NCDWQ) met applicable regulatory success criteria in place at the time of project construction. An overview of the study design, results, and conclusions will be presented. (Attachments enclosed:Mitigation Study Report Final 3-25-2011) (Powerpoint Presentation)

2. Request Permission to Proceed to the EMC with Proposed Rules to Consolidate the Neuse,Tar-Pamlico, Jordan and Randleman Riparian Areas Buffer Rules that comply with SL 2011-394 and the Proposed Consolidated Buffer Mitigation and Alternative (Flexible) Mitigation Options Rule– (Action Item) (Amy Chapman and John Dorney)

DWQ is proposing to consolidate several Existing Riparian Buffer Rules (15A NCAC 02B .0233,.0250, .0259, and.0267) into one set of Protection and Maintenance of Existing Riparian Buffer Rules (.0290-.0294) that complies with Session Law 2011-394. The purpose of this consolidation is to make these rules easier to use, incorporate clarification memos, to provide consistency among the current buffer rules and incorporates changes mandated by Session Law. DWQ also is proposing to consolidate 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. 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. Staff presented these draft rules to the WQC in March 2011, January 2011 and November 2010 and will present a summary of the draft fiscal analyses for these rules. DWQ will request that the WQC waive the 30-day rule to proceed the following day to the EMC with the proposed consolidated buffer and buffer mitigation rules for approval. (Attachments enclosed: draft rules for Riparian Buffers (15A NCAC 02B .0290, .0291, .0292, .0293 and .0294), Alternative (flexible) Buffer Mitigation (15A NCAC 02B .0295), draft fiscal analyses for the consolidatedbuffer rules andalternative buffer mitigation rules,and comments from the Neuse River ComplianceAssociation, the NC League of Municipalities, and the Pamlico-Tar River Foundation, EnvironmentalDefense Fund, and Neuse Riverkeeper Foundation)

3. Request to Send the Final Draft for theNew River Basinwide Water Quality Plan to the Environmental Management Commission (EMC) for Approval – ( Action Item) (Melanie Williams)

The Division of Water Quality (DWQ) staff will request permission to take the final draft New River Basinwide Water Quality Plan to the EMC for approval.  Staff will present a summary of plan highlights and public comments. (Attachments enclosed:final draftNew River BasinwideWater Quality Plan)

4. Request to Proceed to EMC withProposed Reclassification of Portions of the Neuse River and Quarry in Johnston County (Neuse River Basin) to Class WS-IV Critical Area (CA) and WS-IV (Protected Area or PA)- (Action Item) (Elizabeth Kountis) 

Johnston County submitted a request to reclassify portions of the Neuse River and an abandoned quarry located in the county (Neuse River Basin). The subject portions of the Neuse River are to be reclassified from WS-V and WS-IV (PA) to WS-IV (PA) and WS-IV CA, respectively, to allow a new public water supply intake. The quarry is to receive water from the proposed Neuse River intake and is to be reclassified from Class C to WS-IV CA. Reclassification is required to allow construction of the intake and utilization of the quarry’s water as a public water supply. This new water supply source will allow the County to meet water demands through 2050.  These waters meet the existing criteria for the proposed reclassification. The Water Quality Committee (WQC) will be asked to approve this reclassification request in order for staff to proceed to the full EMC for permission to send the proposed reclassification out to public hearing. (Attachments enclosed:Memo regarding the Neuse River and Quarry (in Johnston County) Reclassification proposal,Map of proposed water supply reclassification areas for Neuse River and Quarry, and draft fiscal note regarding the proposed reclassification for the Neuse River and Quarry)

5. Request Approval of Agriculture Nutrient Tracking and Accounting Methods for the Watershed-(Action Item) (Jason Robinson)

 Item (7) (b) of the Jordan Agriculture Rule, 15A NCAC 02B .0264, requires the Jordan Watershed Oversight Committee (WOC) to develop tracking and accounting methods for nitrogen and phosphorus loss from agricultural lands in the Jordan watershed. Specifically, the WOC shall develop nitrogen accounting methods for cropland and for pastureland, as well as a phosphorus accounting method. These are to be submitted to the WQC for its approval by August 2011 based on standards set out in the rule requiring submittal within two years of the rule’s August 2009 effective date. The proposed methods will be used by the WOC to determine if agriculture has met its nutrient reduction goals. Initial findings will be returned to the Committee at its July 2012 meeting. The Jordan Agriculture Rule and a report summarizing the proposed tracking and accounting methods are provided in the meeting materials. (Attachments enclosed:July 13, 2011Agriculture Accounting Report to WQC)

Closing comments – Chairman Peterson 

This agenda is available on the internet at http://portal.ncdenr.org/web/emc/agendas/2011/home 

61581 FEEDBACK

Your input is valuable to us. Please send us your feedback.

What type of feedback would you like to send?*

Ask a Question Report a Problem Have a Concern Make a Comment

(If you would like us to respond please include your phone or e-mail.)

Your Question has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Problem has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Concern has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Comment has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

*If you are a DENR employee with an I.T. issue, please submit a DOTS ticket.