May 9 2018 WQC Agenda

                                                                                        Revised May 8, 2018

ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA

May 9, 2018
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.

                                                                            Dr. Albert Rubin, Chair, Presiding

I. Preliminary Matters

1. Approval of March 7, 2018 Water Quality Committee Meeting Summary

II. Agenda Items

1. Request for a Major Variance from the Tar-Pamlico River Basin Protection and Maintenance of Riparian Areas Rule by Edgecombe County for the construction of the proposed Triangle Tyre Company facility (Project Diamond) at Pad B of the Kingsboro CSX Select Site located off Kingsboro Rd and US 64 Alternate in Edgecome County, NC– (Action Item) (Sue Homewood, Division of Water Resources)

A request has been received for the Water Quality Committee (WQC) to grant a Major Variance from the Tar-Pamlico River Basin Protection and Maintenance of Riparian Areas Rule to Edgecombe County for the construction of the Triangle Tyre Company proposed facility within Zone 1 and Zone 2 of the buffer at Pad B of the Kingsboro CSX Select Site located off Kingsboro Rd and US 64 Alternate in Edgecome County, NC.   The applicant is proposing mitigation through the Division of Mitigation Services to offset the proposed buffer impacts.  A stormwater management plan is also proposed to treat the stormwater runoff from the proposed facility.  Based on information submitted, the Division of Water Resources (DWR) staff 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 to Proceed with Rulemaking Process for Proposed Amendments to the Nutrient Strategy Rules 15A NCAC 02B .0229 through .0258 and Proposed 15A NCAC .0701 and .0730 - (Action Item)(John Huisman, Division of Water Resources)

The 15A NCAC 02B Nutrient Strategy Rules for the Neuse and Tar-Pamlico River Basins (.0229 to .0258) underwent Rule Review in 2014 per Session Law 2015- 413 which requires all of the Department's rules to be readopted.  The rules went through a series of stakeholder meetings in 2015 and were revised based on stakeholder input in 2016. An update on the rule revisions was provided to the WQC in March and September 2017.  A supplemental stakeholder meeting was then held in October 2017 to receive additional input and revised rules were presented to the WQC in January 2018.  Water Quality Committee members and Division staff have been working with stakeholders since January 2018 on finalizing the rules.  As the next stept in the process staff will begin development of the fiscal analysis.  Staff requests the WQC's approval to proceed with the rulemaking process for proposed amendments to the nutrient strategy rules 15A NCAC 02B .0229 -.0258 and proposed adoptions of 15A NCAC 02B .0701, Nutrient Strategy Definitions and 15A NCAC 02B .0730, Tar-Pamlico Purpose and Scope.  (Attachments enclosed: Proposed Amendments to Neuse Nutrient Rules, Proposed Amendments to Tar-Pamlico Nutrient Rules, Proposed Amendments Nutrient Offset and Definitions Rules, and PowerPoint Presentation)

3. Request to Proceed with Rulemaking on the Neuse River Basin Nutrient Strategy Wastewater Discharge Permitting Rule 15A NCAC 02B .0713 – (Action Item) (Dr. Albert Rubin, WQC Chair)

Water Quality Committee members have been working with stakeholders since January on finalizing the 15A NCAC 02B .0713 Neuse River Basin Wastewater Nutrient Rule.  Presentation of this item will cover how the group's work was incorporated into the Rule proposed.  The rule is presented for approval by the WQC to proceed with rule making activities. Next steps will entail fiscal analysis for OSBM approval followed by return to the full Environmental Management Commission.  (Attachments enclosed: draft Rule and PowerPoint Presentation)

4. Overview of Agricultural Nutrient Management in North Carolina – (Information Item) (Deanna Osmond, North Carolina State University)

Nutrient management is an agricultural conservation practice that provides the first line of defense in reducing off-site nutrient losses. An overview of agricultural nutrient management relative to cropping systems in North Carolina will be provided. (Attachments enclosed: PowerPoint Presentation)

III. Closing Comments – WQC Chair, Dr. Albert Rubin