January 8 WQC Agenda

 

 

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.

 

Chairman Tedder, Chairman Presiding

 

 

1. Approval of Summary for November 13, 2013 WQC meeting (attached).

 

 

1. Request Approval to Proceed to Publication for Public Comment and Hearing on Changes to Rule 15A NCAC 02H .1002  - (Action Item) (Tracy Davis)

 

2. Request Approval to Proceed with Rules Review of Rules 15A NCAC 02B, 02H, 02T, and 02U in accordance with HB74 and G.S. 150B  – (Action Item) (Jeff Manning)

 

The Division of Water Resources (DWR) will request the Water Quality Committee’s (WQC) approval to proceed to the Environmental Management Commission (EMC) with the review of the subject rules. The rules review follows the procedure mandated by HB74.  The review covers 375 rules in the surface water quality programs:  15A NCAC 02B (116 rules), 02H (119 rules), 02T (108 rules), and 02U (32 rules).  Staff will recommend the initial determination to be “necessary with substantive interest”.  If approved by the EMC in March, the rules would then move to the public comment phase of the HB74 review. (Attachments enclosed: Spreadsheets for rule subchapter02B,02H,02T, and 02U, Summary 2B_2H_2T_2U_initial determination_12_20_13, and PowerPoint Presentation)

 

3. Request for a Major Variance from the Neuse Riparian Area Protection Rules by Mr. Tummalpally for Commercial Property at 5201 Trinity Rd 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 Mr. Harshavardhan Tummalpally for a commercial property at 5201 Trinity Road in Raleigh, NC.  Due to the presence of an unnamed tributary to Richlands Creek bisecting the property, the proposed 4-story building and attendant parking and stormwater management facilities will need to encroach into Zones 1 and 2 of the riparian buffer.  The applicant is proposing mitigation and installation of a sand filter to offset the proposed buffer impacts.  Although DWR recognizes that the applicant does not comply with the evaluation criterion 15A NCAC 02B .0233(9)(a)(i)(E), DWR supports this major variance request.  (Attachments enclosed: Variance Application,DWR Findings of Fact, and PowerPoint Presentation)

 

4.  Request for a Major Variance from the Neuse Riparian Area Protection Rules by LBJ/Cary Associates, LLC for a daycare facility at SW Cary Parkway/Old Apex Road in Cary, NC  – (Action Item) (Karen Higgins)

 

A request has been received for the WQC to grant a Major Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 02B .0233) to LBJ / Cary Associates, LLC for a daycare facility at the intersection of SW Cary Parkway and Old Apex Road in Cary, NC.  In March 2013, the WQC postponed a final decision pending further discussion among the applicant, DWR and the Town of Cary regarding the stormwater management plan and revision of the Findings of Fact.  The riparian buffer impacts include 8,047 square feet of Zone 1 and 7,140 square feet of Zone 2.  The applicant is proposing to purchase 34,851 buffer mitigation credits and to treat the stormwater as approved through the Town of Cary.  Although DWR recognizes that the applicant does not comply with the evaluation criteria 15A NCAC 02B .0233(9) (a) (i) (E), DWR supports this major variance request.  (Attachments enclosed:Variance application,DWR Findings of Fact, and PowerPoint Presentation)

 

5. Request Approval of Delegation of the Neuse Buffer Program to Johnston County and Delegation of Further Approval Authority for Previously Delegated Local Governments in the Neuse and Tar-Pamlico Basins to the Director  - (Action Item) (Jennifer Burdette)

 

A request has been received for the WQC and EMC to grant delegation of the Neuse Buffer Rules (15A NCAC 02B .0233 and .0242) to Johnston County.  DWR staff requests permission to proceed to the January EMC meeting with a recommendation for approval of Johnston County’s delegation request.  Staff also requests permission for the Director to approve any subsequent program amendments that previously delegated local governments in the Neuse and Tar-Pamlico Basins may propose.  The Director will provide notice of the request to the Water Quality Committee and would forward unique future programs revisions of concern to the Water Quality Committee for review.  (Attachments enclosed: Johnston County Neuse Buffer Delegation Request,Johnston County, NC Code of Ordinances Section 14-393 Riparian buffer protection [for lands within the Neuse River Basin],Summary of Deviations from State Rule,Draft Memo for Delegation of Subsequent Approval of Local Neuse and Tar-Pamlico Buffer Programs to the Director, and PowerPoint Presentation)

 

6.Request for Approval of NCDOT's Falls Lake New & Existing Development Stormwater Management Program and Delegation of Further Approval Authority to the DWR Director  -  (Action Item) ( John Huisman)

 

The Falls Lake State and Federal Entities Stormwater Rule, 15A NCAC 2B .0281 requires NCDOT to prepare, adopt and implement a joint stormwater program to achieve nutrient reductions from stormwater runoff from new and existing development in the Falls Lake Watershed. The rule establishes implementation requirements and timelines specific to NCDOT. Requirements for non-NCDOT state and federal entities also subject to this rule follow a different implementation timeline that is similar to those established for local governments. The NCDOT submitted a draft program for DWR staff review in July 2013 and has made subsequent revisions based on staff comments. Staff requests that the Commission approve NCDOT's Joint Stormwater Program as meeting the minimum requirements established in Item (9) of the rule. Staff also requests delegation of authority to the Director to approve any subsequent program amendments that the NCDOT may propose in the future. The Director would forward unique future program revisions of concern to the Water Quality Committee for review.  (Attachments enclosed:NC DOT Falls Lake Stormwater Program and PowerPoint Presentation)

 

7.Annual Progress Reports on the Tar-Pamlico, Neuse, and Falls Lake Agriculture Rules-(Information Item) (John Huisman)

 

The Tar-Pamlico, Neuse, and Falls Agriculture Rules (15A NCAC 2B .0238, .0256, and .0280,respectively) require their respective Basin and Watershed Oversight Committees to report to the Division and Commission on their annual implementation progress. For crop year 2012, the Oversight Committees approved reports from the 17 Local Advisory Committees (LACs) in the Neuse basin, the 14 LACs in the Tar-Pamlico basin, and 6 LACs in the Falls Lake watershed. The reports showed cumulative nitrogen loss reductions of 45%, 46%, and 31% from baseline through

2012 from agriculture in the respective watersheds. Relative to reductions reported last year, this equates to a 3% increase in reduction in the Tar-Pamlico basin with reductions in the Neuse and Falls watershed remaining unchanged. Reductions in nitrogen loss have been achieved through decreases in cropland production, reduced nitrogen application rates, crop shifts, and implementation of best management practices. The Tar-Pamlico and Falls agriculture rules also have an added phosphorus requirement and qualitative indicators for crop year 2012 demonstrate that there is no increased risk in phosphorus loss in either watershed. (Attachments enclosed:Tar-

Pamlico Agriculture Report,Neuse Agriculture Report, Fall Lake Agriculture Report, and PowerPoint Presentation)

 

III. Closing Comments                                                                                                      Chairman Tedder

 

This agenda is available on the internet at http://portal.ncdenr.org/web/emc/january-8-wqc-agenda