November 13 WQC Agenda

Revised 11-12-2013

ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA

 November 13, 2013
Archdale Building-Ground Floor Hearing Room
12:30 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.

12:30 PM-Opening Comment                                                                                              Chairman Tedder

1. 2013 Annual Water Supply Watershed Ordinance Approvals, Universal Stormwater Management Ordinance Approvals, and Phase II Program Implementation Delegations Report – (Julie Ventaloro)

 No presentation is planned, but staff will be present to answer questions.

2. Consideration of a Petition for Rulemaking to Reclassify a Portion of the Dan River to Class C  – (Action Item) (Elizabeth Kountis)

In accordance with 15A NCAC 02I .0500 and at the request of the Environmental Management Commission (EMC) Chairman, the Water Quality Committee (WQC) will review a petition for rulemaking and will develop a recommendation for the full EMC to consider. The WQC will hear presentations with regard to the petition, from: the petitioner, person(s) opposed to the petition, and the Division of Water Resources (DWR) staff who will present a recommendation to deny the petition. (Attachments enclosed: Caswell County - NC General Statute § 150B, Roxboro Water Supply Plan, Environmental Assessment 4.25.06, Yanceyville Water Supply Plan, NCDENR Ltr 7.12.12, and NCDENR Report of Proceedings 3. 17.11 (submitted and same document as the Dan River Report of Proceedings for WS Reclassification attachment below); Roxboro - Roxboro Submission Cover Page and Exhibits A- M; DWR- Dan River - Report of Proceedings for WS Reclassification, Dan River-History, Dan River - Milestones, Dan River - Memo, and Dan River – Petition; and PowerPoint Presentation)

3. Proposed Reclassification of a Segment of the Green River (including Lake Adger) in Polk County (Broad River Basin) to Class WS-IV Critical Area (CA) and WS-IV (Protected Area or PA)  - (Action Item) (Elizabeth Kountis)

Polk County has requested the reclassification of a segment of the Green River in Polk County (Broad River Basin). The subject portion of the Green River would be reclassified from Class C to Class WS-IV CA and WS-IV (PA). This proposal would permit Polk County to put a new water intake in Lake Adger for use as a permanent water supply and to meet future local water demands.These waters meet the existing criteria for the proposed reclassification according to 2011 DWQ studies. The WQC will be asked to approve this reclassification request and the associated fiscal note in order for staff to proceed to the full EMC for approval of the fiscal note and for permission to send the proposed reclassification and fiscal note out to public hearing. (Attachments enclosed: Memorandum for Proposed Reclassification of a Segment of Green River in Polk County to Class WS-IV Critical Area and WS-IV Protected Area, Map of Proposed Reclassification Area, Fiscal Analyses for Proposed Reclassification of Portion of the Green River in Polk County from Class C to Class WS-IV Critical Area and WS-IV Protected Area, and PowerPoint Presentation)

4. Request for a Major Variance from the Neuse Riparian Area Protection Rules by Byron and Jessica Trimmer for a deck expansion to an existing single family residence at 8909 Oxbridge Court in Raleigh, NC – (Action Item) (Jennifer Burdette)

A request has been received for the WQC to grant a Major Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 2B 0.233) to Byron and Jessica Trimmer for deck expansion to an existing single family residence at 8909 Oxbridge Court in Raleigh, NC. Due to the presence of an unnamed tributary to Hare Snipe Creek running along the back of the residence, the proposed deck expansion will need to encroach into Zone One of the riparian buffer. The applicant is proposing mitigation and installation of a rain garden to offset more than the proposed buffer impacts. Although DWR recognizes that the applicant does not comply with the evaluation criteria 15A NCAC 02B .0233(9) (a) (i) (A) & (E), DWR supports this major variance request. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation)

5. Request Permission to Proceed to the EMC for Approval of Delegation of the Neuse River Buffer Program to the Town of Hillsborough – (Action Item) (Jennifer Burdette)

A request has been received for the EMC and WQC to grant delegation of the Neuse Buffer Rules (15A NCAC 02B .0233 and .0242) to the Town of Hillsborough. DWR staff requests permission to proceed to the November 2013 EMC meeting with a recommendation for approval of the Town’s delegation request. (Attachments enclosed: Town of Hillsborough Neuse Buffer Delegation Request, Hillsborough Unified Development Ordinance Changes, and Hillsborough Unified Development Ordinance Changes Section 6 20 16 revised 11-12-2013, and PowerPoint Presentation)

6. Update on Coastal Habitat Protection Plan 2013 Annual Report  - (Information Item) (Matt Matthews)

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 2013. Normally, each of the respective commissions would have been asked to approve the report before it was sent to the General Assembly. Due to the timing of the changes to the commissions following the legislative session, that approval could not be obtained prior to the deadline for submission to the General Assembly. The report has been submitted to the General Assembly and this item is simply an update to the EMC. (Attachments enclosed: 2013 Coastal Habitat Protection Plan Annual Report and NC Coastal Habitat Protection Plan Overview)

7. Update on the North Carolina Nutrient Criteria Development Plan  – (Information Item) (Dianne Reid)

Staff will present status of updating the plan per North Carolina’s Clean Water Act Section 106 Workplan agreement including a summary of the September 25th Commenters’ Meeting that was held in Raleigh.  Additional comments were accepted through November 8th. All comments will be used to finalize the plan. A copy of the presentation and last draft are located at:/about/divisions/water-resources/planning/modeling-assessment/nutrientcriteria.
(Attachments enclosed: PowerPoint Presentation)

Closing Comments                                                                                                               Chairman Tedder
 

This agenda is available on the internet at http://portal.ncdenr.org/web/emc/november-13-wqc-agenda