July 10 WQC Agenda

July 10, 2013
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.
1:00 PM-Opening Comment                                                                              Chairman Peterson
Request for an After-the-Fact Major Variance from the Neuse Riparian Area Protection Rules by HJ Morris Construction, Inc. for a single family residence at 8103 Dreamy Way in Raleigh, NC  – (Action Item) (Danny Smith)
HJ Morris Construction, Inc. has requested the Water Quality Committee (WQC) to grant an after-the-fact Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for a single family residence constructed at 8103 Dreamy Way in Raleigh, NC. In May 2013, the WQC postponed a final decision in order to give Division of Water Quality (DWQ) staff and the applicant the opportunity to prepare a stronger stormwater management plan and restrictive covenant whereby water quality will be better protected. The riparian buffer impacts are 471 square feet of Zone 1 and 1,017 square feet of Zone 2. The applicant is proposing to: 1) purchase 2,938.5 buffer mitigation credits, 2) provide a nutrient offset payment, 3) redirect house gutters such that they outlet onto dissipaters pads outside of the riparian buffers, 4) construct a bio-retention area, 5) provide plantings along the stream, and 6) place a restrictive covenant on the lot to ensure that the filling, draining, creation of concentrated stormwater flow, or impacts to riparian buffer (streamside) vegetation, and alterations of the rain gutters, outlet dissipater pad, streamside planting, and a bio-retention areas do not occur.  Based on the information submitted, the DWQ supports this request for a Major Variance from the Neuse Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0233 are met. (Attachments enclosed: DWQ Preliminary Findings of FactRevised Stormwater Management Plan, and Declaration of Compliance of Stream and Buffer Regulations and PowerPoint Presentation)
2. Requesting Approval of Model Programs for Existing Development under Jordan and Falls Nutrient Strategies  – (Action Item) (John Huisman)
The Falls Lake Existing Development Stormwater rule and Jordan Lake Session Law, 15A NCAC 2B .0278 and S.L. 2009-216, respectively, call on DWQ to submit model local programs to the Environmental Management Commission (EMC) for approval in July 2013. These model programs are to include guidance and identify nutrient reducing tools that will be used by Falls and Jordan watershed local governments and state and federal entities to develop local programs required to implement the existing development requirements within each watershed. DWQ provided an overview of draft model program elements and staff's ongoing collaboration with the affected parties to the May 2013 meeting of the WQC. Staff will discuss the current draft program and present an update on its development highlighting the key requirements and ongoing work with affected parties beyond July 2013 to expand the tool box of approved nutrient reduction measures and finalize the content of the Model Program. Staff will ask the WQC to send the current draft model program to the July EMC meeting at which time it will ask to defer approval of the model program while the Division continues to collaborate with the affected parties to complete ongoing initiatives to expand the list of available nutrient reducing measures. (Attachments enclosed: Model Program for Existing Development Stormwater for Falls and Jordan Watersheds & Supporting Information for Affected Parties and PowerPoint Presentation)
Closing Comments                                                                                            Chairman Peterson