July 8 WQC

 ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA

 July 8, 2015
Archdale Building-Ground Floor Hearing Room
2:30 PM – 4:30 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.

Steve Tedder, Chairman Presiding

I. Preliminary Matters

Approval of Summary for May 13, 2015 WQC meeting (attached).

II. Agenda Items

1. Request to Send the Final Draft of the Tar-Pamlico River Basin Water Resources Plan to the EMC for Approval  –  (Action Item) (Ian McMillian, DWR)

General Statutes 143-215(b) and 143-355(m) mandate the development of a basinwide water quality management plan for each of the state’s river basins and a state water supply plan, respectively.  Staff will present highlights from data and recommendations included in the Tar-Pamlico River Basin Water Resources Plan developed in 2014. The 2014 Plan is the fifth update of the Tar-Pamlico Basin Plan and the first to include both water quality and water quantity information. DWR staff will request approval to take the Tar-Pamlico River Basin Water Resources Plan to the full EMC.  (Attachments enclosed: Tar-Pamlico River Basin Plan Website:http://www.ncwater.org/basins/Tar-Pamlico/index.php , Tar-Pamlico Statutes Checklist, Tar-Pamlico River Basinwide Water Resources Management Plan 2014 Summary, and PowerPoint Presentation)

2. Request to Send the Final Draft of the Tar-Pamlico Phase IV Agreement to the EMC for Approval  - (Action Item) (John Huisman, DWR)

The first phase of the Tar-Pamlico Agreement was initiated in 1990 in response to nutrient-driven water quality impairments in the Pamlico Estuary and its Nutrient Sensitive Waters designation. The “Agreement” launched, and remains an important part of, the overall Tar-Pamlico nutrient management strategy. It establishes the performance goals for the 30 percent reduction in nitrogen loading and no increase in loading of phosphorous from a baseline year of 1991. An association of point source dischargers, the Tar-Pamlico Basin Association, receives collective annual end-of-pipe nitrogen and phosphorus loading caps.  In the event that either cap is exceeded, the Association will fund agricultural practices at a predetermined cost-effectiveness rate to offset those exceedances through the NC Agriculture Cost Share Program. The Phase IV Agreement is the next iteration of a nutrient control Agreement for point source discharges in the Tar-Pamlico River Basin. Phase IV incorporates modifications negotiated during Phase III including updates to the Association membership and inclusion of individual load allocations in member’s NPDES permits. DWR staff will provide an overview of the final draft and request approval to take the Agreement to the full EMC. (Attachments enclosed: Tar-Pamlico Phase IV Agreement and PowerPoint Presentation)

3. Request for an After-the-Fact Major Variance from the Tar-Pamlico Riparian Area Protection Rule by Mohamed Ali and Deem Darar for a Sunroom Addition and Deck to an Existing Single-Family Home at 734 Old Pamlico Beach Road in Belhaven, NC – (Action Item) (Jennifer Burdette, DWR)

A request has been received for the WQC to grant an after-the-fact Major Variance from the Tar-Pamlico Riparian Area Protection Rules to Mohamed Ali and Deem Darar for a sunroom addition and deck to an existing single-family residence at 734 Old Pamlico Beach Road in Belhaven, NC.  Due to the existing residence’s location within the riparian buffer of the Pamlico River, the addition and deck encroach into Zone One of the riparian buffer.  The applicant is proposing mitigation to offset the proposed buffer impacts and maintenance of diffuse flow on the property.  Although DWR staff recognize that the applicant does not comply with subcriteria 15A NCAC 02B .0259(9)(a)(i)(A), (D) & (E), evaluation criteria 15A NCAC 02B. 0259 (9)(a)(i-iii) have been met. 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 Rule by Novo Nordisk Pharmaceuticals, Inc. for a Roadway and Loading Dock Expansion and Perimeter Fence at 3612 Powhatan Road in Clayton, NC  – (Action Item) (Jennifer Burdette, DWR)

A request has been received for the WQC to grant a Major Variance from the Neuse Riparian Area Protection Rules to Novo Nordisk for a roadway and loading dock expansion and perimeter fence at their facility located at 3612 Powhatan Road in Clayton, NC.  Due to the presence of an unnamed tributary to the Neuse River that bisects the facility property, the proposed roadway and load dock expansion and perimeter fence will need to encroach into Zones One and Two of the riparian buffer.  The applicant is proposing mitigation to offset the proposed buffer impacts.  DWR staff support this request for a Major Variance from the Neuse Riparian Area Protection Rule because all of the requirements in 15A NCAC 02B .0233 are met.  (Attachments enclosed:  Variance Application, DWR Findings of Fact, and PowerPoint Presentation)

5. Update on  Minimum Criteria Design Team for Stormwater  – (Information Item) (Annette Lucas, DEMLR)

Session Law 2013-82 (House Bill 480) requires the Department of Environmental Quality (DEQ) to convene a Minimum Design Criteria (MDC) Team that includes industry experts, engineers, environmental consultants, university faculty and other stakeholders.  The purposes of the MDC Team are:

1. To consult with DEQ in developing MDCs that encompass all requirements for siting, design, construction and maintenance of stormwater BMPs. The MDC shall be developed with the goal of generating state stormwater permits that comply with water quality standards.  DEQ shall submit its recommendations to the Environmental Review Commission by February 1, 2015.

2. To consult with the EMC in developing a fast-track permitting process for issuing state stormwater permits without a technical review when all BMPs comply with all MDCs and the permit application is prepared by a qualified individual. The EMC shall adopt a fast-track permitting rule no later than July 1, 2016.

Between February and May 2015, the MDC Team has developed the Fast-Track Stormwater Permitting Process.  Division of Energy, Mineral and Land Resources staff will provide an update on the team’s work and the process going forward. (Attachments enclosed: Fast-Track Stormwater Permitting Process Draft (as of May 19, 2015) andPowerPoint Presentation)

III. Closing Comments   Chairman Tedder

This agenda is available on the internet at /about/divisions/water-resources/environmental-management-commission/meetings-agendas-minutes/2015/july-8-wqc