march-9-2016-wqc-agenda
ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA
March 9, 2016
Archdale Building-Ground Floor Hearing Room
12:30 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.
Steve Tedder, Chairman, Presiding
I. Preliminary Matters
1. Approval of January 13, 2016 Water Quality Committee meeting summary
II. Agenda Items
1. 2015 Annual Report on Water Supply Watershed Ordinance Approvals, Universal Stormwater Management Program Ordinance Approvals, and Phase II Program Implementation Delegations – (Julie Ventaloro, DEMLR)
No presentation is planned, but staff will be present to answer questions.
2. Water Quality Special Orders by Consent and Civil Penalty Assessments – (WQC Chairman, Steve Tedder)
No presentation is planned, but staff will be present to answer questions.
3. Request for a Major Variance from the Neuse Riparian Area Protection Rule by RL
Properties, LLC for an Office Building and Associated Infrastructure on Center Pointe Drive in Cary, NC – (Action Item) (Jennifer Burdette, DWR)
A request has been received for the Water Quality Committee (WQC) to grant a Major Variance from the Neuse Riparian Area Protection Rules to RL Properties, LLC for an office building and associated infrastructure on lot 5 of Parkway Pointe Office Park on Center Pointe Drive in Cary, NC. The applicant is proposing mitigation to offset the buffer impacts and treatment of stormwater runoff from the site. Based on the information submitted, the Division of Water Resources (DWR) supports this request for a Major Variance from the Neuse Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0233 are met. (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 ITB Holdings, LLC for a Mixed-use Commercial Development at 2912 Wake Forest Road in Raleigh, 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 ITB Holdings, LLC for redevelopment of former industrial facility to a mixed-use commercial development at 2912 Wake Forest Road in Raleigh, NC. The applicant is proposing mitigation to offset the buffer impacts and treatment of stormwater runoff from the site. Based on the information submitted, DWR supports this request for a Major Variance from the Neuse Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0233 are met. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation).
(ITEM REMOVED FROM AGENDA)
5. Request to Send Report on In Situ Strategies for Mitigation of Water Quality Impairments in North Carolina to the Environmental Management Commission - (Action Item) (Rich Gannon, DWR)
This report was requested by the NC General Assembly to evaluate currently available in situ strategies to help mitigate water quality impairments. The NC Department of Environmental Quality and the NC Environmental Management Commission (EMC) were directed to assess potential efficacy of such strategies under Session Law (SL) 2015-241 14.5 (d). Division staff have compiled information based on this request using material from US Environmental Protection Agency Clean Lakes Program, North American Lake Management Society, NC Lake Management Society, internet searches, and individual leads. DWR staff request approval to take the report to the full EMC. (Attachments enclosed: Report on In Situ Strategies for Mitigation of Water Quality Impairments in North Carolina)
(ITEM REMOVED FROM AGENDA)
6. Request Approval to Send a Study of the State’s Riparian Buffer Protection Program pursuant to Session Law 2015-246 to the EMC – (Action Item) (Karen Higgins, DWR)
Session Law 2015-246 (13.2.)(a) directed the Environmental Management Commission, with the assistance of the Department of Environment and Natural Resources, to examine ways to provide regulatory relief from the impacts of riparian buffer rules adopted to implement the State’s Riparian Buffer Protection Program for parcels of land that were platted on or before the effective date of the applicable riparian buffer rule. DWR staff have drafted a study and request approval to take it to the full EMC. (Attachment enclosed: SL 2015-246 Buffer Study and PowerPoint Presentation)
7. Nutrient Management Strategy Agriculture Rule Requirements - (Information Item) (John Huisman, DWR)
DWR staff will provide an overview of the Agriculture Rule requirements in place as part of the nutrient management strategies for the Neuse and Tar-Pamlico River Basins as well as the Falls and Jordan Lake watersheds. This will include background on how the rules were developed, how they differ across strategies, and how the requirements are implemented and funding sources used. DWR staff will also review the nitrogen and phosphorus accounting methods used to estimate nutrient reductions from agriculture and provide an update on rule implementation progress in each of the four watersheds. (Attachment enclosed: PowerPoint Presentation)
8. Water Quality Impacts of Riparian Buffers – (Information Item) (Michael R. Burchell, NC State University)
There will be a presentation on the benefits of riparian buffers and their impact on water quality. (Attachment enclosed: PowerPoint Presentation)
9. Update on North Carolina’s 2016 List of Impaired Waters under Clean Water Act Section 303(d) – (Information Item) (Jeff Manning, DWR)
The 303(d) list, prepared under the requirements of Section 303(d) of the federal Clean Water Act requires states to submit a list of waters that do not meet the State’s water quality standards. The list is required to be submitted to EPA for their review and approval by April 1 of every even-numbered year. The EMC directs the Listing Methodology that the state uses to determine impairment. In addition, the EMC approves the standards that the state uses to determine exceedance of water quality standards. Once the state develops the list, it is provided for public comments. The state staff addresses comments it receives, makes corrections if necessary, then submits the list to EPA by the federal deadline of April 1. The 2016 303(d) list is currently out for public comment. (Attachments enclosed: Table of 303d Listings_2016, 303d files: https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/303d/303d-files and PowerPoint Presentation)
III. Closing Comments - Chairman Tedder