May 10 2017 WQC Agenda
Revised May 9, 2017
ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA
May 10, 2017
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 March 8, 2017 Water Quality meeting summary
II. Agenda Items
1. Request for a Major Variance from the Tar-Pamlico Riparian Area Protection Rule by Mr, Peter Warlick for Construction of a Proposed Roofed Enclosure to an Existing Home at the 74 Northpoint Road in Ocracoke, NC - (Action Item) (Jennifer Burdette, DWR)
A request has been recieved for the Water Quality Committee (WQC) to grant a Major Variance from the Tar-Pamlico Riparian Area Protection Rule to Mr. Peter Warlick for construction of a proposed roofed enclosure to an existing home within Zone 1 and Zone 2 of the buffer at 74 Northpoint Road in Ocracoke, NC. The applicant proposes mitigation to offset the buffer impacts if required by the WQC. Based on the information submitted, the Division of Water Resources (DWR) supports this request for a Major Variance from the Tar-Pamlico Riparian Area Protection Rule because all the requirements in 15A NCAC 02B .0259 have been met. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation)
2. Request for a Major Variance from the Neuse Riparian Area Protection Rule by Johnston County for Expansion of the Johnston County Landfill at 680 County Home Road in Smithfield, NC – (Action Item) (Jennifer Burdette, DWR)
A request has been recieved for the WQC to grant a Major Variance from the Neuse Riparian Area Protection Rules to Johnston County for the expansion of their landfill located at 680 County Home Road in Smithfield, NC. Due to the presence of an unnamed tributary to Middle Creek west of the the existing landfill, the proposed landfill expansion will need to encroach into Zone 1 and 2 of the riparian buffer. The applicant is proposing mitigation to offset the proposed buffer impacts. DWR staff support this request for a Major Variance from the Neuse Riparian Protection Rule because all the requirements in 15A NCAC 02B .0233 (9) are met. (Attachments enclosed: Variance Application, DWR Findings of Fact, and PowerPoint Presentation)
3. Request to Proceed to the Environmental Management Commission (EMC) with Proposed Rule Amendments to 15A NCAC 02T, 02U, and 02H .0800 and .1100 - (Action Item) (Jeff Manning, DWR)
The water quality program rules underwent the S.L. 2013-413 (HB74) rule review during 2014 that resulted in 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 to stakeholders, and incorporated stakeholder input into the rule drafts. Then, the Department of Environmental Quality (DEQ) administration reviewed the rule drafts during 2016. An information session was provided to the WQC in March 2017, and to the stakeholders in April 2017. The WQC will be asked to approve the draft language of 160 rules implemented by DWR (non-discharge programs, reclaimed water programs, and the laboratory certification programs). The citations for these rules are 15A NCAC 02T, 02U and 02H .0800 and .1100. Once the WQC approves the draft language, DWR will do the regulatory impact analysis (RIA) and fiscal note documents, where required. Once the RIA/fiscal notes are completed, DWR will proceed to the full EMC, prospectively in July 2017, to proceed to public comment and hearing stage. The proposed rule drafts are available here as pdfs: 02H .0800 and .1100, 02T and 02U . After the April 2017 stakeholder meetings revisions were made to the following rule drafts: 02H .1100, .02T .0100, .0500, .0600, .0700, .1100, and .1300, and 2U .0700 and .0800. The most current versions of the drafts are located in the "Rule Readoption" spreadsheet located at http://deq.nc.gov/about/divisions/water-resources/water-resources-regulations-guidance/dwr-classifications-standards/rule-readoption-process
4. Request to Proceed to the EMC with Proposed Rule Amendments to 15A NCAC 02R – (Action Item) (Kelly Williams, DMS)
Division of Mitigation Services (DMS) staff will request the WQc's approval to proceed to the EMC for public notice and hearing with draft amendments to the Subchapter 02R rules for the purpose of readoption in accordance with Session Law 2013-413 (HB74). (Attachments enclosed: DMS subchapter 02R May2017 WQC mtg and PowerPoint Presentation)
5. Update of the Department Regulatory Programs for Coal Combustion Residual Landfills and Impoundments - (Information Item) (Ellen Lorsheider, DWM)
The Water Infrastructure Improvements for the Nation (WIIN) Act, passed by the US Congress in 2016, allows states to implement a delegated permit program for Coal Combustion Residual (CCR) units, if the program is as protective as the federal CCR rule. This presenation will be and overview of the Divisions of Waste Management, Water Resources, and Energy, Mineral, and Land Resources program elements in order to solicit the WQC's input regarding potential rule promulgation needed to address any gaps in existing rules and/or amend less protective rules in order to meet the WIIN Act requirements.
6. Overview of the State Water Infrastructure Authority and Division of Water Infrastructure (DWI) – (Information Item) (Kim Colson, DWI)
In 2013 the state's water infrastructure funding programs were consolidated into a newly created Division of Water Infrastructure in DEQ. That legistlation also created the State Water Infrastructure Authority. This presentation will provide an overview of the implementation of both the DWI and authority in helping water utilities meet their infrastructure needs including North Carolina's Statewide Water and Wastewater Infrastructure Master Plan. (Attachments enclosed: PowerPoint Presentation)
7. Update on 303(d) List – (Information Item) (Jeff Manning, DWR)
An update to the WQC is pending the receipt of a response from EPA regarding the EPA's final decision on the State's 303 (d) list.
III. Closing Comments - Chair Wilsey