july-13-2016-wqc-agenda
ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA
July 13, 2016
Archdale Building-Ground Floor Hearing Room
1:00 PM – 3:30 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, Chair, Presiding
I. Preliminary Matters
1. Approval of May 11, 2016 WQC meeting summary
II. Agenda Items
1. Stormwater Annual Report to the Environmental Review Commission (ERC) in accordance with GS 143-214.7(e) - (Action Item) (Bradley Bennett, DEMLR)
No presentation is planned, but staff will be present to answer questions.
2. Request for a Major Variance from the Neuse Riparian Area Protection Rule by Ella S. Yorks for Construction of a Single-Family Home and Rain Gardens on an Existing Lot at 1415-1417 Woodland Drive in Durham, NC – (Action Item) (Jennifer Burdette, DWR)
A request has been received for the Water Quality Committee to grant a Major Variance from the Neuse Riparian Area Protection Rule to Ella S. Yorks for construction of a proposed single-family home and rain gardens within Zone 1 and Zone 2 of the buffer on an existing lot at 1415-1417 Woodland Drive in Durham, 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 Rule because all of the requirements in 15A NCAC 02B .0233 have been met. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation)
(ITEM 3 HAS BEEN REMOVED FROM THE AGENDA)
3. Request for Delegation of Major Variance Approval Authority of the Riparian Buffer Protection Rules for Single-Family Lots Platted and Recorded Prior to the Implementation Date of the Applicable Rule - (Action Item) (Jennifer Burdette, DWR)
The Division of Water Resources requests delegation to the Department of Environmental Quality to approve major variances of the Riparian Buffer Protection Rules for single-family lots platted and recorded in the appropriate county Register of Deeds prior to the implementation date of the applicable rule. This delegation would be limited to lots that are 2 acres or less in size and requests in which the preliminary findings determine that all of the requirements for a major variance have been met pursuant to the applicable buffer protection rule. (Attachment enclosed: Memorandum for Request for Delegation of Major Variance Approvals for Single-Family Residences)
4. Request for Approval of 2015-2016 Coastal Habitat Protection Plan Annual Report – (Action Item) (Anne Deaton, NC Division of Marine Fisheries)
The Fisheries Reform Act of 1997 requires an Annual Report be submitted to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations of the General Assembly regarding activities directly related to NC’s Coastal Habitat Protection Plan (CHPP). The report is due on September 1 of each year. The CHPP Steering Committee, a committee with a membership of two commissioners from the EMC, CRC, and the MFC has approved this CHPP Annual Report for FY 2015-2016. Each of the respective commissions is now being asked to approve the report before it is sent to the General Assembly. (Attachments enclosed: North Carolina’s Coastal Habitat Protection Plan 2015-2016 Annual Report)
5. 2016 Annual Report on Minor Modification Approvals to Approved Major Variances - (Information Item) (Karen Higgins, DWR)
At its March 13, 2013 meeting, the Water Quality Committee decided to delegate approval of minor modifications to approved major variances of the Riparian Buffer Protection Rules to the Director of the Division of Water Quality (now Division of Water Resources). The WQC instructed the Division to provide an annual report to the WQC. This report provides a summary for March 2013 – March 2016. No presentation is planned, but staff will be present to answer questions.
6. Water Quality Special Orders by Consent and Civil Penalty Assessments – (Information Item) (John Hennessey, DWR)
No presentation is planned, but staff will be present to answer questions.
7. Pipes & Poultry : Balancing Point Source & Agricultural Nutrient Loading in the High Rock Lake Watershed – (Information Item) (Will Scott, Yadkin Riverkeeper)
This presentation is on the scope of the poultry industry in the High Rock watershed and how this source category fits into the larger picture of the High Rock Nutrient Management Strategy. (Attachment enclosed: PowerPoint Presentation)
8. High Rock Lake Watershed: Agricultural Study – (Information Item) (Deanna Osmond, NCSU)
This presentation summarizes an agricultural survey of over 1500 farmers in the High Rock Watershed conducted by NC State University and NCDA&CS. The study identified the use of conservation and agricultural practices in this watershed. (Attachment enclosed: Delineating Agriculture in the High Rock Lake Watershed and PowerPoint Presentation)
III. Closing Comments - Chair Wilsey