5/10/2012
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
May 10, 2012
9:00 A.M.
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 Commission. If any member knows of a conflict of interest or appearance of a conflict, please
so state at this time.
Stephen T. Smith, Chairman, Presiding
I. Preliminary Matters
1. Call to Order
2. Swearing-In Ceremony
3. Approval of minutes from March 8, 2012 Commission Meeting
II. Action Items
1. 12-10 Request to Confirm DENR Secretary’s Appointment of (p 1)
Four Members to the Water Pollution Control System
Four Members to the Water Pollution Control System
Operators Certification Commission (WPCSOCC)
(DWQ) Jerry Rimmer
Attachment A – Appointment Letters (pp A1-4)
Attachment B – Biographical Information of the Four (pp B1-2)
Members
2. 12-11 Hearing Officer’s Report on Permanent Rule Amendment (p 1)
to Defer Carbon Dioxide Emissions from Biomass from
Prevention of Significant Deterioration Requirements
to Defer Carbon Dioxide Emissions from Biomass from
Prevention of Significant Deterioration Requirements
Chris Ayers
Attachment A – Biomass Deferral Hearing Record (pp A1-82)
3. 12-12 Request to Proceed to Hearing on Clarification of 02Q .0102 (p 1)
Permitting Exemption (509)
Permitting Exemption (509)
(DAQ) Patrick Knowlson
Attachment A – Permit Exemption Rule Summary (pp A1-1)
Attachment B – Proposed Permit Exemption Rule (pp B1-8)
Amendments
Attachment C – Permit Exemption Economic Assessment (pp C1-11)
4. 12-13 Request for Approval ofthe Final Roanoke River Basinwide (p 1)
Water Quality Plan
Water Quality Plan
(DWQ) Melanie Williams
Attachment A – Roanoke River Basin – Executive Summary pp A1-316
5. 12-14 Request Approval of the Proposed Reclassification of the p 1
Neuse River and Associated Quarry in Johnston County
(Neuse River Basin) to Class WS-IV
(DWQ) Belinda Henson
Neuse River and Associated Quarry in Johnston County
(Neuse River Basin) to Class WS-IV
(DWQ) Belinda Henson
POWERPOINT PRESENTATION
Attachment A – Neuse River & Quarry Proposed (pp A1-73)
Reclassification
Attachment B - Amendment to ROP (p B1)
6. 12-15 Request to Proceed to Public Hearing with the Proposed (p 1)
Reclassification of Segments of Maiden and Allen Creeks in
Catawba and Lincoln Counties (Catawba River Basin) to
Class WS-V
Reclassification of Segments of Maiden and Allen Creeks in
Catawba and Lincoln Counties (Catawba River Basin) to
Class WS-V
(DWQ) Elizabeth Kountis
Attachment A – Maiden and Allen Creeks WS-V Memo (pp A1-2)
Attachment B – Maiden and Allen Creeks WS-V Map (pp B1)
Attachment B – Maiden and Allen Creeks WS-V Map (pp B1)
Attachment C – Maiden and Allen Creeks WS-V Fiscal (pp C1-7)
Analysis
7. 12-16 Request for Approval of Local Programs Implementing the p 1
Jordan Lake New Development Stormwater Rule, and
Delegation of Further Approval Authority to the Director
Jordan Lake New Development Stormwater Rule, and
Delegation of Further Approval Authority to the Director
(DWQ) Jason Robinson
Attachment A – Jordan New Development Programs pp A1-6
Municipalities
Attachment B – Village of Alamance (pp B1-66)
Attachment C – Town of Apex (pp C1-210)
Attachment D – City of Burlington (pp D1-414)
Attachment E – Town of Carrboro (pp E1-577)
Attachment F – Town of Cary (pp F1-241)
Attachment G – Town of Chapel Hill (pp G1-122)
Attachment H – City of Durham (pp H1-1103)
Attachment I – Town of Elon (pp I1-69)
Attachment J – Town of Gibsonville (pp J1-68)
Attachment K – City of Graham (pp K1-91)
Attachment L – Town of Green Level (pp L1-69)
Attachment M – City of Greensboro (pp M1-564)
Attachment N – Town of Haw River (pp N1-69)
Attachment O – Town of Kernersville (pp O1-61)
Attachment P – City of Mebane (pp P1-69)
Attachment Q – Town of Morrisville (pp Q1-155)
Attachment R – Town of Oak Ridge (pp R1-108)
Attachment S – Town of Ossipee (pp S1-69)
Attachment T – Town of Pittsboro (pp T1-34)
Attachment U – Town of Pleasant Garden (pp U1-63)
Attachment V – City of Reidsville (pp V1-98)
Attachment W – Town of Sedalia (pp W1-98)
Attachment X – Town of Stokesdale (pp X1-102)
Attachment Y – Town of Summerfield (pp Y1-42)
Attachment Z – Town of Whitsett (pp Z1-121)
Counties
Attachment AA – Alamance County (pp AA1-52)
Attachment BB – Caswell County (pp BB1-81)
Attachment CC – Chatham County (pp CC1-63)
Attachment DD – Durham County (pp DD1-219)
Attachment EE – Guilford County (pp EE1-185)
Attachment FF – Orange County (pp FF1-691)
Attachment GG - Rockingham County (pp GG1-82)
Attachment HH - Wake County (pp HH1-543)
8. 12-17 Consideration of the Superior Court Judge's Order of (p 1)
Remand for the Commission to Make Further Findings of Fact
with Regard to any Enforcement Fees Due to Respondent DWQ,
Freedman Farms, Barry
Remand for the Commission to Make Further Findings of Fact
with Regard to any Enforcement Fees Due to Respondent DWQ,
Freedman Farms, Barry
(AG) Frank Crawley
Index to Official Record Freedman Farms, Barry Freedman v. DENR, 05 HER 0905
Attachment A - Official Record pp A1-192
Attachment B – Transcript
Volume I - pp B1-251
Volume II - pp B252-367
Attachment C – Respondent’s Exhibits pp C1-145
Attachment D - Freedman Farms Written Argument pp D1-15
Attachment D - Freedman Farms Written Argument pp D1-15
III. Information Items
1. 12-09 Update on Statewide Mercury TMDL
(DWQ) Kathy Stecker
2. 12-10 Preview of Nutrient Forum
(DWQ) Alan Clark
(DWQ) Alan Clark
IV. Status Report by EMC Committee Chairmen
a. Water Allocation Committee
b. Water Quality Committee
c. Groundwater Committee
d. Air Quality Committee
e. Steering Committee
f. NPDES Committee
g. Renewable Energy Committee
V. Concluding Remarks
By Commission Members
By Directors
By Counsel
By Chairman
Adjournment AG05-10-12