ENVIRONMENTAL MANAGEMENT COMMISSION
March 12, 2014
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 January 8, 2014 WQC meeting (attached).
II. Agenda Items
1. Request for an after-the-fact Major Variance from the Neuse Riparian Area Protection Rules from Jeffrey Gunter for a room and deck expansion to a single-family residence at 7701 Greentree Court in Raleigh, NC -(Action Item) (Jennifer Burdette)
A request has been received for the Water Quality Committee (WQC) to grant an after-the-fact Major Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 2B 0.233) to Jeffrey Gunter for completion of a room and deck expansion to a single-family residence at 7701 Greentree Court in Raleigh, NC. Construction on the room and deck began prior to the applicant’s purchase of the home. Due to the presence of an unnamed tributary to Mine Creek running along the back of the residence, the room and deck expansion encroaches 215 square feet into Zone one and 34 square feet into Zone two of the riparian buffer. The applicant is proposing on-site buffer restoration mitigation, enhancement of vegetation under the elevated deck and re-routing two gutter downspouts to discharge outside the buffer. Based on the information submitted, the Division of Water Resources (DWR) supports this request for an after-the-fact Major Variance from the Neuse Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0233 are met. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation)
2. Request for a Major Variance from the Randleman Lake Riparian Area Protection Rules diffuse flow requirements byBlue Diamond Investment Company, LLC for pre-developed condition property adjacent to the Proposed Veterans Administration Hospital in Kernersville, NC - (Action Item) (Jennifer Burdette)
A request has been received for the WQC to grant a Major Variance from the Randleman Lake Riparian Area Protection Rules diffuse flow requirements to Blue Diamond Investment Company, LLC for an undeveloped property in Kernersville, NC. A stormwater bypass system must be constructed to convey stormwater runoff from the Blue Diamond property through the Veterans Administration Hospital site. Blue Diamond Investments is requesting a variance to delay installation of a stormwater BMP until development of the Blue Diamond property begins. Based on the information submitted, the Town of Kernersville and DWR support this request for a Major Variance from the Randleman Lake Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0250 are met. (Attachments enclosed: Variance Application, Town of Kernersville Watershed Review Committee Meeting Report, Town of Kernersville Findings of Fact, and PowerPoint Presentation).
3.Request Approval to Proceed to the Environmental Management Commission (EMC) for Public Comment and Hearing on Proposed Stormwater Control Rules and Other Water Quality Rules for Oil and Gas Exploration and Development Activities in Response to S.L. 2012-143 - (Action Item) (Evan Kane)
In addition to the much larger mandate given to the Mining and Energy Commission (MEC),Session Law 2012-143 (S820) directed the Environmental Management Commission to adopt rules for stormwater control and other water quality considerations related to oil and gas exploration and development activities. DWR & DEMLR staff will present proposed stormwater rules and other minor water quality rule revisions to meet the requirements of S.L. 2012-143. The presentation will include an overview of the EMC’s and MEC’s complementary roles in developing environmental regulations for oil and gas exploration and production. (Attachments enclosed: 15A NCAC 02T .0113-Draft Feb. 19, 2014, 15A NCAC 02U .0113-Draft Feb. 19, 2014, 15A NCAC 02H .1030-Draft Feb. 21, 2014, 15A NCAC 02T .1001-Draft Feb. 19, 2014, 15A NCAC 02T .1501-Draft Feb. 19, 2014, and PowerPoint Presentation).
III. Closing Comments Chairman Tedder
This agenda is available on the internet at http://portal.ncdenr.org/web/emc/march-12-wqc-agenda