1/12/2012
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
January 12, 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 November 17, 2011 Commission Meeting
II. Action Items
1. 12-01 Request for Adoption of Amendments to Open Burning Rules (p 1)
to Incorporate Session Law 2011-394 Requirements
(DAQ)Joelle Burleson
Attachment A – 15A NCAC 02D .1900 Amendments (pp A1-7)
Attachment B – Session Law 2011-394 (pp B1-3)
Attachment C - EPA Brochure-How Smoke from Fires Can Affect (pp C1-2)
Your Health
Attachment D - Draft Open Burning Resolution (p D1)
Attachment D - Draft Open Burning Resolution (p D1)
2. 12-02 Request Approval of the Proposed Reclassification of the Haw River (p 1)
in Alamance, Caswell, Guilford, and Rockingham Counties (Cape Fear River
Basin) to Class WS-IV and WS-IV CA
Tom Ellis
Attachment A – Haw River Report of Proceedings (pp A1-124)
3. 12-03 Request Approval of the Proposed Reclassification of the South (p 1)
Fork New River in Ashe and Watauga Counties (New River Basin) to
Class WS-IV and WS-IV CA
Class WS-IV and WS-IV CA
Jeff Morse
Attachment A – South Fork New River Report of Proceedings (pp A1-181)
Attachment B - Amendment to ROP Proposed Reclassification of (p B1)
South Fork New River
Attachment B - Amendment to ROP Proposed Reclassification of (p B1)
South Fork New River
4. 12-04 Request for Approval of Local Programs Implementing the Falls Lake New
Development Stormwater Rule, and Delegation of Further Approval Authority
to the Director
Development Stormwater Rule, and Delegation of Further Approval Authority
to the Director
(DWQ) John Huisman
Attachment A – Falls Local Programs Summary Report (pp A1-9)
Attachment B – Town of Butner (pp B1-83)
Attachment C – City of Creedmoor (pp C1-252)
Attachment D – City of Durham (pp D1-920)
Attachment E – Town of Hillsborough Part I (pp E1-130)
Attachment F – Town of Hillsborough Part II (pp F1-459)
Attachment G – City of Roxboro (pp G1-72)
Attachment H – Town of Stem (pp H1-125)
Attachment I – Town of Wake Forest (pp I1-102)
Attachment J – Durham County (pp J1-299)
Attachment K – Franklin County (pp K1-211)
Attachment L – Granville County (pp L1-311)
Attachment M – Orange County (pp M1-688)
Attachment N – Person County (pp N1-110)
Attachment O – Wake County (pp O1-554)
Attachment P – City of Raleigh (pp P1-75)
5. 12-05 Amendments to Rules for Declaratory Rulings, 15A NCAC 2I .0602 - (pp 1-5)
and 2I .0603
Frank Crawley
III. Information Items
1. 12-01 Coal Ash Presentations (p 1)
(a) Dam Safety at Coal Ash Facilities (p 1)
(DLR) Steve McEvoy
Implemented by the Division of Waste Management
(DWM) Ellen Lorscheider, Environmental Supervisor,
Planning & Programs Management Branch, Solid Waste Section
(c) NPDES Permitting Status/401 Issues (p 1)
(DWQ) Sergei Chernikov
(d) Structural Fill/Groundwater Update (p 1)
(DWQ) Ted Bush
2. 12-02 Point Source Perspective on Progress Under the Neuse Nutrient (p 1)
Management Strategy
(Lower Neuse Basin Association and Neuse River Compliance Association)
Daniel F. McLawhorn, Chairman
H. Glenn Dunn, General Counsel
Haywood Phthisic, Executive Director
Attachment A – Appendix Information Part 1 (pp A1-33)
Attachment B – Appendix Information Part 2 (pp B1-10)
Attachment B – Appendix Information Part 2 (pp B1-10)
3. 12-03 Annual Progress Reports on the Neuse & and Tar-Pamlico (p 1)
Agriculture Rules
(DWQ) John Huisman & Michael Herrmann
Attachment A - Neuse CY 2010 (pp A1-11)
Attachment B - Tar Pam CY 2010 (pp B1-12)
4. 12-04 303(d) List Assessment Methodology (p 1)
(DWQ) Kathy Stecker/Cam McNutt
IV. Status Reports 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
V. Concluding Remarks
By Commission Members
By Directors
By Counsel
By Chairman
Adjournment AG01-12-12