January 9 2019 WQC Agenda



January 9, 2019
Archdale Building-Ground Floor Hearing Room
2:00 PM – 4:00 PM

General Statute § 138A-15 mandates that the Chair 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.

                                                                            Dr. Albert Rubin, Chair, Presiding

I. Preliminary Matters

1. Approval of  November 7, 2018 Water Quality Committee Meeting Minutes

II. Agenda Items

1. Petition for Rulemaking to Reclassify the Sandy Bottom Wetlands in the French Broad River Basin to Class Unique Wetlands (UWL) - (Action Item) (Adriene Weaver, DWR, Petitioners, and Phillip Reynolds, EMC Counsel)

On November 20, 2018, the Division of Water Resources (DWR) received a petition for rulemaking from Mountain True, Defenders of Wildlife, and the North Carolina Wildlife Federation, through the Southern Environmental Law Center.  The petition requests that the Environmental Management Commission (EMC) initiate rulemaking to add the Unique Wetlands classification to the Sandy Bottom Wetlands in the French Broad River Basin. 

After review by the EMC Chairman, DWR staff, and EMC counsel in accordance with the criteria outlined in 15A NCAC 02I .0501, Form and Contents of Petition, the petition for rulemaking was deemed to be complete and was referred to the Water Quality Committee (WQC) for review in accordance with 15A NCAC 02I .0502, Review by a Committee of the Commission. 15A NCAC 02I .0502 requires the WQC to review the petition and recommend action to the full EMC.

Notice was sent to interested parties that the petition will be heard at the WQC meeting on January 9, 2019 at 2:00 p.m. Notice of the date has been provided to the petitioners, and they have been afforded the opportunity to present their petition in person before the WQC. In accordance with 15A NCAC 02I .0502, interested parties may request the opportunity to make an oral presentation on the subject petition for rulemaking.  The WQC Chairman ultimately decides who will be allowed to speak before the WQC on the petition and may decide to only allow one presenter to provide an opposition viewpoint to the rulemaking activities proposed in the Petition.  All interested parties wishing to speak at the January WQC meeting should submit an official request to Linda Culpepper, DWR Director, at linda.culpepper@ncdenr.gov by 12:00 p.m. January 7, 2019.  Requests can also be submitted by mail to 1611 Mail Service Center, Raleigh, NC 27699-1611.  Each request shall:

               (1) state the interest of the person;
               (2) state the person’s position on the petition for rulemaking; and
               (3) be accompanied by supporting materials. 

(Attachments enclosed: Petition for Rulemaking, DWR Director's Determination of Completeness Letter Regarding PetitionNotice of January 9, 2019 WQC meetingDWR PowerPoint Presentation, and EMC Counsel Rulemaking Petition Overview PowerPoint Presentation)

III. Closing Comments – WQC Chair