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N.C. Department of Environment and Natural Resources

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

Environmental Management Commission

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ENVIRONMENTAL MANAGEMENT COMMISSION

WATER QUALITY COMMITTEE MEETING AGENDA

November 7, 2012
Archdale Building-Ground Floor Hearing Room
1:30 PM – 3:30 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.
 
1:30 PM-Opening Comment                                                                                             Chairman Peterson
 
1. Request to Proceed to the Environmental Management Commission (EMC) with the following: Proposed Repeal of Buffer Mitigation Rules for the Neuse River (15A NCAC 02B .0242), Catawba River (02B .0244), Randleman Lake (02B .0252), Tar-Pamlico River (02B .0260), Jordan Lake (02B .0268), and Goose Creek Watershed (02B .0609); and Revisions to the Proposed Consolidated Buffer Mitigation Rules (15A NCAC 02B .0295) that Were Approved for Public Notice and Hearing by the EMC in the July 2012 Meeting and the Associated Fiscal Note– (Action Item) (Amy Chapman)
 
The buffer mitigation rules for the Neuse River (15A NCAC 02B .0242), Catawba River (02B .0244), Randleman Lake (02B .0252), Tar-Pamlico River (02B .0260), Jordan Lake (02B .0268), and Goose Creek Watershed (02B .0609) will be replaced by the Consolidated Buffer Mitigation Rule (15A NCAC 02B .0295). The Division of Water Quality (DWQ) will incorporate the repealed rules in the current draft fiscal analysis for Rule 02B .0295. DWQ also made an edit to Rule 02B .0295. Staff will request approval to proceed to the EMC the next day at which time they will request permission to proceed to public notice and public hearing with the proposed repealed buffer mitigation rules, revised consolidated buffer mitigation rule and fiscal analysis. (Attachments enclosed: Buffer Mitigation Rules Fiscal Analysis) Power Point Presentation
 
2. Request to Proceed to the EMC for Approval of the North Carolina Department of Transportation’s (NCDOT) Jordan Lake New Development Stormwater Management Program and Delegation of Further Approval Authority to the DWQ Director - (Action Item) (Jason Robinson)
 
The Jordan Lake State and Federal Entities Stormwater Rule, 15A NCAC 2B .0271, and Session Law 2009-484 require the NCDOT to prepare, adopt, and implement a program to control nutrient runoff from new development within the Jordan Lake watershed. The NCDOT submitted a draft program for DWQ staff review in February 2012 and has made subsequent revisions based on staff comments. Staff requests that the Water Quality Committee (WQC) recommend that the EMC approve the NCDOT’s New Development Program as meeting the minimum requirements established in Item (4)(c) of the rule. Staff also requests delegation of authority to the DWQ Director to approve any subsequent program amendments that the NCDOT may propose in the future. The DWQ Director would forward unique future program revisions of concern to the WQC for review. (Attachments enclosed: NCDOT Green Program for New Development)
 
3. Request to Proceed to the EMC with Session Law Revisions to the Jordan Lake Nutrient Strategy and Approval of the Fiscal Analysis – (Action Item) (Michael Herrmann)
 
After approval from the EMC in May 2008, objections to the Jordan Nutrient Strategy at the Rules Review Commission led to the rules being sent to the 2009 Legislative Session where Session Laws (SLs) 2009-216 and 2009-484 were passed that disapproved the Existing Development Rule (15A NCAC 2B .0266) and modified four others. These rules along with the remaining seven in the strategy became effective in August 2009, commencing implementation of the Jordan Lake strategy. Subsequent legislation (i.e., SLs 2011-394, 2012-187, 2012-200, and 2012-201) made additional adjustments to the strategy. In doing so, these laws direct the EMC to adopt rules that are “substantively identical” to the SLs passed by the General Assembly. These laws have combined to disapprove and replace one rule and modify five others. A fiscal analysis for the SL changes has been completed by the DWQ and was approved by the Office of State Budget and Management in September 2012. The approved fiscal note qualitatively compares the proposed rules with those passed by the EMC in 2008. As such, it is an amendment to the strategy’s 2007 fiscal analysis. DWQ requests to proceed to the full EMC for approval to proceed to public notice and hearing with Session Law revisions to the Jordan Nutrient Strategy and for approval of the fiscal analysis. (Attachments enclosed: Report on Session Law Changes to Jordan Lake Nutrient Strategy. The report includes appendices for Rule text for Proposed Session Laws Revisions, Revised Addendum to Fiscal Note for Fiscal Analysis, and Session Laws Affecting the Jordan Nutrient Strategy) Power Point Presentation
 
4. Request to Proceed to the EMC to Go out to Public Notice with Proposed Rule Amendments to Phase II Stormwater Requirements in Accordance with S.L. 2011-220 – (Action Item) (Robert Patterson)
 
DWQ staff will present proposed amendments to rules in 15A NCAC 2H .0152 and 2H .1016. The proposed revisions incorporate the Phase II stormwater requirement revisions of S.L. 2011-220 into the EMC’s rules. In accordance with the Session Law, the revised language in the rules are identical to the provisions of the act and have been renumbered to be placed in the rules format. These revisions to the stormwater requirements are currently being implemented as per the Session Law. Staff will request approval to proceed to the EMC that next day at which time they will request permission to proceed to public notice with the proposed rules. (Attachments enclosed: SL 2011-220 and proposed amendments to rules 15A NCAC 2H .0152 and 15A NCAC 2H .1016) Power Point Presentation
 
5. Annual Progress Reports on the Neuse and Tar-Pamlico Agriculture Rules – (Information Item) (John Huisman)
 
The Neuse and Tar-Pamlico Rules (15A NCAC 2B .0238 and .0256, respectively) require that the Basin Oversight Committees (BOCs) report to the EMC each year on implementation progress. For crop year 2011, the BOCs received and approved annual reports from the 17 Local Advisory Committees (LACs) in the Neuse basin and the 14 Tar-Pamlico LACs. The reports showed cumulative nitrogen loss reductions of 45% and 43% from baseline through 2011 from Agriculture in the Neuse and Tar-Pamlico, respectively. Relative to reductions reported last year, this equates to a 4% decrease in nitrogen loss reduction in the Neuse and a 6% decrease in nitrogen loss reduction in the Tar-Pamlico Basin. (Attachments enclosed: 2012 Annual Progress Reports on Neuse Agricultural Rule and Tar-Pamlico Agricultural Rule) Power Point Presentation
 
Closing Comments – Chairman Peterson
This agenda is available on the internet at http://portal.ncdenr.org/web/emc/november-7-wqc

 

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