September 12 WQC

ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA

September 12, 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 for a Major Variance from the Tar-Pamlico River Riparian Area Protection Rules for an addition to an existing single family residence to Garry and Carol Keech at 300 Sunnyside Drive in Washington, NC  -  (Action Item)(Amy Chapman)

A request has been received for the Water Quality Committee (WQC) to grant a Major Variance from the Tar-Pamlico River Riparian Area Protection Requirements (15A NCAC 02B .0259) for the proposed addition to a single-family home located at 300 Sunnyside Drive in Washington, NC.  The addition will impact 198 square feet (ft²) of Zone one and 780 square feet (ft²) of Zone two of the protected riparian buffers for an expansion of a breakfast area and covered deck. The Division of Water Quality staff does not support this Major Variance request. (Attachments enclosed: Variance application and Power point Presentation)

2. Request for Waiver of 30 day Rule and Approval to Proceed to the EMC with Revisions to the Consolidated Buffer Mitigation Rule (15A NCAC 02B .0295) That Was 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  - (Action Item)(Amy Chapman)

Attachments enclosed: Consolidated Buffer Mitigation Rule (15A NCAC 2B .0295), Buffer mitigation rules being repealed (15A NCAC 02B. 0242, .0244, .0252 .0260, .0268, and .0609) and draft fiscal analysis)

3.  Request to Proceed to the EMC for Approval of Pittsboro’s Local Program Implementing the Jordan  Lake New Development Stormwater Rule, and Delegation of Further Approval Authority to the  Division of Water Quality Director - (Action Item) (Jason Robinson)

The Jordan New Development Stormwater Rule, 15A NCAC 2B .0265, requires 33 local governments to prepare, adopt, and implement programs to achieve nutrient control on runoff from the new development within their respective jurisdictions. In May 2012, the EMC approved 32 of the 33 local programs and required revisions to Pittsboro’s program. Staff’s report and slide presentation from the May 2012 WQC meeting can be found at /about/divisions/water-resources/environmental-management-commission/meetings-agendas-minutes/2012/may-9-wqc Staff has reviewed Pittsboro’s revised program and requests that the WQC recommend the following actions to the EMC:

     · Approve Pittsboro’s Jordan Lake local new development stormwater program as meeting the minimum                   requirements established in Item (3) of the rule.

     · Delegate authority to the DWQ Director to approve any subsequent program amendments that Pittsboro                may propose from time to time.  The DWQ Director will forward unique future program revisions of
       concern to the WQC for review.

(Attachments enclosed: Pittsboro Jordan New Development Program)

4. Request Approval of Coastal Habitat Protection Plan 2012 Annual Report  - (Action Item) (Jimmy Johnson)

The Fisheries Reform Act of 1997 requires an Annual Report be submitted to the Environmental Review Commission and the Joint Legislative Commission on Seafood and Aquaculture regarding activities directly related to NC’s Coastal Habitat Protection Plan (CHPP). The report is due in September of each year. The CHPP Steering Committee, a committee with a membership of two commissioners from the EMC, CRC, MFC and WRC, has approved this CHPP Annual Report for the year 2012. Each of the respective commissions is now being asked to approve the report before it is sent to the General Assembly. DWQ requests that the WQC approve the Coastal Habitat Protection Plan’s 2012 Annual Report.  (Attachments enclosed: 2012 Coastal Habitat Protection Plan Annual Report)

Closing comments – Chairman Peterson
This agenda is available on the internet at /about/divisions/water-resources/environmental-management-commission/meetings-agendas-minutes/2012/september-12-wqc