January 10, 2019 Agenda


512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina

January 10, 2019
9:00 a.m.

General Statute § 138A-15 mandates that the Chairman inquires as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time.

J.D. Solomon, Chairman, Presiding

I.    Preliminary Matters

1.     Call to Order
2.     Approval of minutes from Commission meeting on November 8, 2018 (attached)

II.  Action Items

1.    19-01    Request Approval of Hearing Officer’s Report, Regulatory Impact Analysis and Adoption of 15A NCAC 2B .0620 - .0624 Water Supply Watershed Rules 
(DEMLR) Annette Lucas

Attachment A – Hearing Officer’s Report

2.    19-02     Request Approval to Proceed to Public Notice and Hearing with the Fiscal Note and Proposed Rule Re-adoptions and Amendments to Nutrient Strategy Rules 15A NCAC 02B .0229 through .0258 and Proposed 15A NCAC 02B .0701 and .0730
(DWR) John Huisman


Attachment A-  Neuse & Tar-Pamlico Fiscal Note
Attachment B - OSBM Fiscal Note Approval Memo

3.    19-03    Request Approval of Hearing Officer’s Report and Issuance of Water Quality Special Order by Consent (SOC) S18-006 to Address Seeps from Coal Ash Basins and the Cooling Pond at Duke Energy’s H. F. Lee Plant in Wayne County 
(Commissioner Keen)/(DWR) Bob Sledge

Attachment A - Hearing Officer's Report
Attachment B - SOC Application
Attachment C - Engineering Evaluation H. F. Lee Plant
Attachment D - Draft SOC S18-006
Attachment E - Public Notice of the SOC and Public Hearing
Attachment F - Affidavit from Goldsboro News-Argus
Attachment G - Sign-In Sheet for Non-Speaking Attendees
Attachment H - Sign-In Sheet for Speaking Attendees
Attachment I - Sign-In Sheet for Elected Officials
Attachment J - Emailed Comments Submitted by Gary Ahlberg, P.E. 
Attachment K - Attachments to Comments Submitted by Gary Ahlberg, P.E.
Attachment L - Emailed Comments Submitted by Gail Goodmon
Attachment M - June 7, 2010, EPA Memo
Attachment N - August 19, 2016, EPA Letter to DEQ
Attachment O - S18-006 Upfront Penalty Calculation

4.    19-04    Request Approval of Technical Correction to 15A NCAC 02T .1310(b)(2) without Public Notice pursuant to G.S. § 150B-21.5(a)
(DWR) Christine Lawson

Attachment A – 15A NCAC 02T .1310 Draft
Attachment B -  Hearing Officer’s Report Pages 116-122
Attachment C -  G.S. 150B-21.5

III.    Information Items

1.    19-01    Overview of Governor Cooper’s Executive Order No. 80: North Carolina’s Commitment to Address Climate Change and Transition to a Clean Energy Economy
(DAQ) Sushma Masemore


Attachment A – Executive Order No. 80

2.   19-02     Update on Methyl Bromide Log Fumigation Rulemaking

3.   19-03     Update on Proposed CCR Rules
(DWM) Ellen Lorscheider
IV.    Concluding Remarks

By Directors (Comments
By Committee Chairs
By Commission Members
By Counsel
By Chairman

V.    Remarks from Secretary Michael S. Regan

Adjournment 01-10-19