March 8, 2017

Archdale Building-Ground Floor Hearing Room

1:00 PM – 3:00 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.

Julie Wilsey, WQC Chair, Presiding

I. Preliminary Matters

1. Approval of January 11, 2017 Water Quality Committee Meeting Summary

II. Agenda Items

1. 2016 Annual Report on Water Supply Watershed Ordinance Approvals, Universal Stormwater Management Program Ordinance Approvals, and Phase II Program – (Julie Ventaloro, DEMLR)

No presentation is planned, but staff will be present to answer questions.

2. Update on Water Quality Program Rules in 15A NCAC 02B, 02H, 02T, and 02U (375) – (Information Item) (Jeff Manning, DWR)

Division of Water Resources (DWR) staff will present an update on the status of the water quality program rules.   The water quality program rules underwent the S.L. 2013-413 (HB74) rule review during 2014 that resulted in the majority of the rules needing to be readopted through the state’s rulemaking process.  During 2015, DWR hosted a set of stakeholder meetings, presented each rule draft in detail to stakeholders, and incorporated stakeholder input into the rule drafts.  Then, the Department of Environmental Quality (DEQ) administration reviewed the rule drafts during 2016.   Due to the need for the rules to be readopted by October 2019, the new administration proposes that the Water Quality Committee (WQC) and the Environmental Management Commission (EMC) consider readopting the rules in stages.   During April 2017, DWR would conduct a public stakeholder meeting to update stakeholders on all four rule subchapters drafts.  Then, in May 2017, DWR would return to the WQC with Subchapter 02T and 02U rules for approval of the language to do regulatory impact analysis (RIA) and fiscal note documents.  Once the RIA/fiscal note is completed, DWR would proceed to the full EMC, prospectively in July 2017, with 02T and 02U to proceed to public comment and hearing stage.   Later, in September 2017, the rule language of Subchapters 02B and 02H would come to the WQC for the approval of the rule language to do the RIA/fiscal note documents.  Once the RIA/fiscal note is completed on those, DWR would proceed to the full EMC to proceed to the public comment and hearing stage.
Powerpoint Presentation

3. Overview of the Watauga River Basin Water Resources Plan – (Information Item) (Michelle Raquet, DWR)

DWR staff will provide an overview of the draft 2017 Watauga River Basin Plan. The overview will include an outline of what is included in the water resources plan as well as a new presentation style through ArcGIS Online (Story Map). The plan and the Story Map are scheduled to be released to the public for review and comment late March 2017.  (Attachments enclosed: Watauga Basin Outline 2017 , Story Map Screenshots and Narrative, and PowerPoint Presentation)

4. A Comparison of PAN and P2O5 produced from Poultry, Swine and Cattle Operations in North Carolina – (Information Item) (Heather Patt, DWR)

DWR staff will provide an overview of National Agricultural Statistics data summarized to form estimates of location and amount of nutrients produced by swine, cattle and poultry operations statewide.  (Attachments enclosed: Basinwide Manure Production Report with Appendices and PowerPoint Presentation)

5. Update on Periodic Review Process for the Dam Safety Rules 15A NCAC 02K – Information Item) (Boyd Devane, DEMLR)

Division of Energy, Mineral, and Land Quality (DEMLR) staff will provide an update on the status of the Periodic Rule Review process for the Dam Safety rules in 15A NCAC 02K.  The rule review follows the procedure mandated by S.L. 2013-413 (HB 74) and incorporated in to the Administrative Procedure Act.  The 60-day public comment period for the initial staff determinations of the rules in Subchapter 02K has been completed. There were no “objections” to the EMC proposed determinations although one “Report” providing the Commission’s “final determinations” and a summary of the one comment received are provided.  The request for EMC approval of the official “Report” to be submitted to the Rules Review Commission will be on the May EMC agenda.  (Attachments enclosed: Final.Determination.02K, Comments Response, and PowerPoint Presentation)

6. Stormwater as a Resource: How Green Stormwater Infrastructure Turns Multiple Problems into Multiple Benefits – (Information Item) (Peter Raabe, Americans Rivers)

North Carolina adopted new stormwater rules in 2016 after an extensive stakeholder process, those rules both streamline the permitting system and add flexibility to the designs of the state’s stormwater control measures (or SCM’s). This was critical to opening opportunities to use green stormwater infrastructure or infrastructure that replicates natural processes to manage stormwater.  North Carolina is one of the leading states on innovating these techniques but they have been shown to be effective at reducing flooding, improving water quality by removing nutrients and toxins, and restoring base flows in small streams.  These practices when used at scale benefit that state’s natural resources but also have been shown to improve property value, reduce health costs, reduce heat island effect, improve energy efficiency and more.  This presentation will explore the problems solved by green stormwater infrastructure and the benefits it provides. (Attachments enclosed: PowerPoint Presentation)

III.  Closing Comments – WQC Chair, Julie Wilsey