March 13 WQC Agenda

March 13, 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
1. Request Permission to Proceed to the Environmental Management Commission for Approval of 2014 303(d) Listing Methodology – (Action Item) (Kathy Stecker)
Section 303(d) of the 1972 Federal Clean Water Act requires states to submit a list of watersthat do not meet water quality standards to United States Environmental Protection Agency for approval by April 1 of even-numbered years. In November 2012, the Environmental Management Commission (EMC) decided to approve future 303(d) Listing Methodologies, beginning with the 2014 cycle. The Division of Water Quality (DWQ) accepted comments on the Listing Methodology. DWQ staff will summarize comments and responses, information included in a new comprehensive assessment document, and proposed revisions to the 303(d) Listing Methodology in response to the comments. DWQ recommends that the Committee grant permission to proceed to the EMC for approval of the proposed 2014 303(d) Listing Methodology. (Attachments enclosed: included in Revised 2014 303(d) Listing Methodology 2014 Assessment Process Comments and Responses ,2014 Water Quality Assessment Process, and PowerPoint Presentation.

2. Request for a Major Variance from the Neuse River 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)

LBJ / Cary Associates, LLC has requested that the Water Quality Committee (WQC) grant a Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for a daycare facility at the intersection of SW Cary Parkway and Old Apex Road in Cary, NC. The proposed daycare facility will impact 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 through a stormwater wetland. DWQ staff support this major variance request; however, DWQ recognizes that the applicant does not comply with 15A NCAC 02B .0233(9) (a) (i) (E) since the applicant purchased the property after the effective date of the rule. (Attachments enclosed: DWQ Findings of Fact,  Variance Application, and PowerPoint presentation)
3. Request to Approve Delegation to DWQ of Minor Modifications to Approved Major Variances – (Action Item) (Karen Higgins)
On February 12, 2003, DWQ presented a request to the WQC to allow DWQ staff to approve minor modifications to approved major variances from the state Riparian Buffer rules if certain criteria were met.  The request was approved by the WQC; however, a delegation document was never finalized.  DWQ is requesting the WQC to reaffirm approval of delegation.  (Attachments enclosed:WQC Meeting Summary 02/12/03 and DRAFT Delegation Memo)
4. Initial Assessment of Nutrient Reductions by Agriculture Operations in Falls Lake & Jordan Lake Watersheds – (Information Item) (John Huisman) and (Julie Henshaw, DSWC)
The Falls and Jordan Lake Agriculture Rules (15A NCAC 02B .0280, and .0264, respectively) require their respective Watershed Oversight Committees (WOCs) to: 1) collect data needed to conduct initial nutrient loss accounting for the baseline and the most current year feasible, 2) and perform this accounting, and 3) determine the extent to which agricultural operations have achieved the nitrogen loss goals and phosphorus loss trend indicators established for each watershed. Separate nitrogen loss estimates are developed for cropland and pastureland. The tracking and accounting methods for nitrogen and phosphorus loss from agricultural lands in these watersheds were approved by the Water Quality Committee in July 2011 (Jordan) and March 2012 (Falls). DWQ and the Division of Soil and Water Conservation (DSWC) staffs will present the findings for the Jordan and Falls WOCs. (Attachments enclosed: Initial Assessment of Agricultural Operations’ Stage 1 Reduction Fall Reservoir Water Supply Nutrient StrategyAgriculture, Initial Progress Report Jordan Lake Agriculture Rule, and Power Point Presentation)
Closing Comments – Chairman Peterson