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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Environmental Management Commission - May 7 2014 WQC

Environmental Management Commission

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ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA 

May 7, 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 March 12, 2014 WQC meeting (attached).
 
II. Agenda Items
 
1. Request for a Major Variance from the Randleman Lake Riparian Area Protection Rules diffuse flow requirements by Blue Diamond Investment Company, LLC for undeveloped property adjacent to the Proposed Veterans Administration Hospital in Kernersville, NC– (Action Item) (Ana Jaramillo)
 
A request has been received for the WQC to grant a Major Variance from the Randleman Lake Riparian Area Protection Rule diffuse flow requirements to Blue Diamond Investment Company, LLC (Applicant) for an undeveloped property in Kernersville, NC. The Town of Kernersville has been delegated authority to administer the Randleman Lake Riparian Area Protection Rule. In March 2014, the WQC postponed a final decision in order to give the Town of Kernersville and the applicant the opportunity to provide additional information requested by the WQC. The applicant proposes to construct a stormwater bypass system to convey stormwater runoff from the Blue Diamond property through the Veterans Administration Hospital site. The applicant 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, Revised Town of Kernersville Findings of Fact, Additional Information and PowerPoint Presentation).
 
2. Request to Proceed to EMC to Ask for Permission to Proceed to Public Hearing with Surface Water Quality Standards Rule Amendments in 15A NCAC 02B and Approval of the Fiscal Note in accordance with NCGS 150B-19.1(e).  (WQC may request a “30-day waiver” to proceed to EMC the next day)–(Action Item) (Connie Brower)
 
Division of Water Resources (DWR) will request the WQC’s approval to proceed to the EMC with draft amendments to 15A NCAC 02B regulations as part of North Carolina’s Triennial Review of surface water quality standards.  Stakeholder comments received during prior outreach as well as a hearing/comment period that was held in November 2013, have been considered in the proposed rule modifications that include: updates to metals standards in accordance with federal criterion; revision of metals standards to reflect, where applicable, the dissolved metal concentration; acute and chronic metals standards; applying hardness values to derive hardness-dependent metals standards; equations to allow for standard development; and a standard for 2,4 D (chlorophenoxy herbicide) to incorporate newer reference dose information. Edits for organizational purposes and clarity are also proposed. The WQC may request a “30 day waiver” to proceed to the EMC on May 8th, 2014. (Attachments: Proposed Revisions, Metals Standards Summary Table, OSBM certification, Summary of Fiscal Analysis, Fiscal Analysis and PowerPoint Presentation)
 
3. Request Approval to Proceed with Rules Review of Rules 15A NCAC 02R in accordance with HB74 and G.S. 150B – (Action Item) (Kelly Williams)
 
The Ecosystem Enhancement Program (EEP) will request the Water Quality Committee’s (WQC) approval to proceed to the Environmental Management Commission (EMC) with the review of the subject rules. The rules review follows the procedure mandated by HB74. The review covers ten rules in the Ecosystem Enhancement Program. Staff will recommend the initial determinations as “necessary with substantive interest.” If approved by the EMC in July, the rules would then move to the public comment phase of the HB74 review. (Attachments: RRC format Report for rule subchapter 02R and PowerPoint Presentation)
 
III. Closing Comments  Chairman Tedder
 

This agenda is available on the internet at: portal.ncdenr.org/web/emc/may-7-2014-wqc

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