NC Department of Environment and Natural Resources
Environmental Management Commission - September 13, 2012
Environmental Management Commission
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NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina September 13, 2012 9:00 A.M. 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 Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time. Stephen T. Smith, Chairman, Presiding I. Preliminary Matters 1. Call to Order 2. Approval of minutes from July 12, 2012 Commission Meeting II. Action Items 1. 12-22 Request Approval of the Proposed Water Supply Reclassification (p 1) for the Segment of the Roanoke River along the Bertie/Martin County Line to Class WS-IV Critical Area and WS-IV (DWQ) Elizabeth Kountis & Danny Smith Attachment A – Roanoke River ROP (pp A1-65) 2. 12-23 Continued Consideration of the Request for Approval of the Statewide (p 1) Mercury TMDL and Wastewater Permitting Strategy (DWQ) Kathy Stecker Attachment A – NC Mercury TMDL 7.6.12 (pp A1-91) Attachment B – Mercury Post TMDL Permitting Strategy Final (pp B1-3) Attachment C – 5m Agenda 2 – EPA Region 4 Discussion (pp C1-10) Summary 3. 12-24 Request for Approval of Request for Public Comment on the Questions of (1) Whether the EMC Should be More Involved in Setting Future Assessment Methodologies for Developing the State’s List of Impaired Waters Pursuant to the Clean Water Act, and if so, (2) To What Extent (Chairman Steve Smith) THIS AGENDA ITEM HAS BEEN REMOVED Public Notice and Hearing with Revisions to the 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 for the 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 Watersheds (02B .0609) and Associated Fiscal Note (DWQ) Amy Chapman Attachment A – Repealing Buffer Rules (pp A1-50) 5. 12-26 Request to Proceed to Public Notice for Repeal of the Clean (p 1) Water Bond Act (01A NCAC 22 .0101-.0102, .0201- .0209, .0301-.0303, .0401 -.0403, .0501-.0506, .0601 -.0606, .0701 – .0704, .0801- .0802, .0901 -.0906, .1001 -.1002, .1101- .1103) (DWQ) Gary Kreiser Attachment A – Fiscal Note for Repeal of Rules De Minimis (pp A1-32) 6. 12-27 Request for Adoption of Proposed Changes to Rulemaking (p 1) Petition Rules Codified in 15A NCAC 2I .0501 (DWQ) Sandra Moore Attachment A – 2I 0501 FN Copy (pp A1-15) 7. 12-28 Request for Approval of Pittsboro’s Local Program (p 1) Implementing the Jordan Lake New Development Stormwater Rule, and Delegation of Further Approval Authority to the DWQ Director (DWQ) Jason Robinson Attachment A – Pittsboro Jordan New Development Program (pp A1-145)
8. 12-29 Presentation of Administrative Law Judge's Recommended (p 1) Decision, House of Raeford Farms, Inc. v. NCDENR, 10 EHR 5508, Duplin Co. (AG) Frank Crawley Attachment A – Index to Official Record House of Raeford (pp A1-4) Farms v. NCDENR, 10 EHR 5508, Duplin Co. Attachment B - Official Record (pp B1-488) Attachment C – Transcript Attachment D – Respondent’s Exceptions to ALJ’s Decision (pp D1-15) and Request for Oral Argument Attachment E – Petitioner’s Exceptions and Objections to (pp E1-23) Recommended Decision Attachment F – Petitioner’s Proposed Final Agency Decision (pp F1-20) Attachment G – Request for Oral Argument to the Commission (pp G1) and Waiver of Service Attachment H - Petitioner's Memorandum of Law to the EMC (pp H1-10) Attachment I - Respondent's Brief Property of the Civil Penalty (pp I1-17) Assessment 9. 12-30 Presentation of Administrative Law Judge's Recommended (p 1) Decision, Pamlico-Tar River Foundation, Carolina Coastal Federation, Environmental Defense and Sierra Club v. NCDENR and PCS Phosphate Company, Inc., 09 EHR 1839 Alexander Elkan (BrooksPierce) John Payne (AG's Office) Attachment A – Outline of Index of Materials to (pp A1-9) Official Record PCS Phosphate Company, Inc 09 EHR 1839 (Index is Official Record) Attachment B – Order Extending Time to File Exceptions (pp B1-2) Attachment C – Intervenor PCS Brief in Support of ALJ (pp C1-164) Decision & NCDENR DWQ Issuance of the 401 Cert. Attachment D – Respondent’s Brief in Support of Upholding (pp D1-26) Attachment E – Amended Cert of Service for Intervenor (pp E1-4) Brief in Support of the ALJ Decision & NCDENR DWQ Issuance of the 401 Certification Attachment F – Petitioners’ Exceptions to ALJ Recommended (pp F1-52) Decision Attachment G – Petitioners’ Memo in Support of Exceptions (pp G1-77) to ALJ Recommended Decision
III. Status Report by EMC Committee Chairmen a. Water Allocation Committee b. Water Quality Committee c. Groundwater Committee d. Air Quality Committee e. Steering Committee f. NPDES Committee g. Renewable Energy Committee IV. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG09-13-12
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N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh,
NC
27699-1601
USA
Headquarters (Environment and Natural Resources Building):
217 W. Jones St.
Archdale Building:
512 N. Salisbury St.
Toll Free:
(877) 623-6748