May 8, 2013 WQC

Revised May 7, 2013 2:58PM


 May 8, 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 for an After-the-Fact Major Variance from the Neuse River 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. The residence has impacted 471 square feet of Zone 1 and 1,017 square feet of Zone 2.  The applicant is proposing: 1) to purchase 2,938.5 buffer mitigation credits, 2) install gutters and rain barrels to manage stormwater, 3) purchase nutrient offset payments, and 4) place protective covenant on the lot. This covenant is to ensure rain barrels remain for the intended use, direct discharge of stormwater runoff through the buffer to the stream is prohibited and to ensure protection of the existing riparian buffer. Pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Quality (DWQ) makes the preliminary finding that the major variance request demonstrates the following:

  • Practical difficulties or unnecessary hardships are present;
  • the harmony and spirit of buffer protection requirements are met; and
  • the protection of water quality and substantial justice has been achieved in accordance with 15A NCAC
    02B .0233 (9)(a). 

Based on the information submitted, the DWQ supports this request for a Major Variance from the Neuse Riparian Area Protection Rules. (Attachments enclosed: Variance applicationDWQ Preliminary Findings of Fact and Power Point presentation)

2. Update on Model Programs for Existing Development under Jordan and Falls Nutrient Strategies – (Information Item) (John Huisman) 

The Falls Lake Existing Development Stormwater rule and Jordan Lake Session Law, 15A NCAC 02B .0278 and S.L. 2009-216, respectively, call on DWQ to submit Model Existing Development Programs to the EMC for approval in July 2013. These model programs are to include local program guidance and 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 will provide an overview of the required Model Program elements and an update of the ongoing collaboration with the affected parties now and beyond July 2013 to expand the tool box of approved nutrient reduction measures and finalize the content of the Model Program. (Attachments enclosed: Power Point presentation)

Closing Comments                                                                                                            Chairman Peterson

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