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HomeMy WebLinkAbout20030065 Ver 1_Meeting Minutes_2003021202/04/03 EMC WATER QUALITY COMMITTEE MEETING February 12, 2003 Archdale Building - Ground Floor Hearing Room 11:00 A.M.** - 2:00 pm **earlier than usual start time Executive Order No. 1 mandates that the Chair inquires 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 conflict, please so state at this time. 11:00 AM - Opening Comments Chairman Peterson *Asterisk indicates consensus item; staff are available if there are any questions, but no presentation is planned. *1. Request for Approval of Lincoln County's Revised Water Supply Watershed Protection Ordinance in Compliance with the Water Supply Watershed Protection Rules - (Consensus Action Item) (Steve Zoufaly) Local Government Assistance Unit staff worked with Lincoln County to revise their Water Supply Watershed Protection ordinance. Minor corrections were needed to bring it into compliance with State rules. Lincoln County submitted a revised ordinance that meets or exceeds the State's minimum requirements. Staff recommends that the Water Quality Committee approve the proposed ordinance (see attachment). *2. Request Permission to Send the Draft Broad River Basinwide Water Quality Plan to the EMC - (Consensus Action Item) (Cam McNutt) DWQ staff will request permission from the Committee to take the draft Broad River Basinwide Water Quality Plan to the EMC the following day. Copies of the revised plans were sent to the Committee as part of the EMC package. The plan may also be viewed online at http://h2o.enr.state.nc.us/basinwide/. A summary of the public comments and DWQ responses is attached (see attachment). Consideration of a Request for a Maior Variance from the Neuse River Riparian Area Protection � Rule - (Action Item) (Bob Zarzecki) n� A request has been received for the WQC to grant a variance from the Neuse River riparian area protection rule (15A NCAC 213 .0233) for the HWB, Inc. "Rosewood Industrial Park" project in Goldsboro, Wayne County, NC. The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. The applicant, HWB, Inc., is proposing to impact buffers along a modified stream to redevelop an existing commercial property. The unnamed stream is a tributary to the Little River (classified as "WS -IV NSW"). Stormwater management and buffer restoration on an adjacent property are proposed to mitigate the impacts. DWQ staff recommends that the Major Variance be approved (see attachment). Page 1 02/04/03 py Recommendations to Modify the Maior Variance Request Procedures - (Action Item) (Bob �t Zarzecki) �? \/ In December 2002, the WQC approved a modification to a major variance that was initially approved by the full EMC in May of 1999. The Committee stipulated that staff has the authority to approve future modifications to the variance if certain conditions are met. In addition, the Committee instructed staff to present draft conditions that if met will allow staff to approve modifications to all previously approved major variances. Staff will present these conditions to the Committee for approval (see attachment). 5. Request to Proceed to EMC for Approval of Tar -Pamlico Model Local Stormwater Program - (Action) (Rich Gannon) As part of the Tar -Pamlico Nutrient Sensitive Waters strategy, the Tar -Pamlico stormwater rule requires the Commission to approve a model local Stormwater program that DWQ staff has developed in cooperation with subject local governments. Following this approval, using the model as guidance, those jurisdictions are to design their programs over the ensuing year for submittal to the Commission. Since February 2002, staff has met regularly with the affected local governments and others to develop this model, which builds on a similar product created for the Neuse basin. The group, with contracted facilitation and technical support, addressed unique rule elements and improved on Neuse methods. Staff will offer the consensus recommendation of the stakeholder group that the Committee endorse the Tar -Pamlico model program to the full Commission the next day for approval. Please note that the full report and model document are not included within the WQC package, but are included only in the full EMC package. Also, appendices to the model are not provided due to their size. The appendices can be viewed or downloaded from the Tar -Pamlico web page at http://h2o.enr.state.nc.us/nps/tarpam.htm 6. Request to Proceed to EMC for Approval of Full Tar -Pamlico Agricultural Accounting Method - (Action) (Rich Gannon) In October 2002, as part of the Tar -Pamlico Nutrient Sensitive Waters strategy, the Commission approved a cropland nitrogen accounting method for the Tar -Pamlico agriculture rule, which was effective September 1; 2001. Session Law S.L. 2001-355, a product of legislative review of the rule, requires that the EMC approve a combined accounting method that incorporates accounting for pasture - based operations. Staff worked with the Basin Oversight Committee (BOC), experts from North Carolina State University, and pasture representatives to develop a combined accounting process, and will present the BOC's recommendation to approve this method. The method will be used by Local Advisory Committees and the BOC to develop annual estimates of progress for each county and the basin as a whole toward the 30% nitrogen reduction goal of the rule. Staff will also provide an update on efforts to achieve full farmer registration under the rule. Staff requests that the Committee agree to recommend approval the next day before the full Commission of the combined accounting tool to meet the accounting requirements of S.L. 2001-355 and the Tar -Pamlico agriculture rule, 15A NCAC 2B .0256. Please note that the full report is not included within the WQC package, but will be sent under separate cover. 7. Request Approval to Send the Proposed Permanent Rule Text for Phase II NPDES Stormwater to the full EMC for Public Hearing - (Action Item) (Bradley Bennett) In July 2002 the EMC and DWQ held five public hearings to gather public input on draft NPDES Phase 2 Stormwater Rules. These hearings were held in Asheville, Kernersville, Smithfield, Washington and Wilmington. Following these hearings, the Hearing Officers and Division Staff developed temporary rules that were approved by the EMC at its October 2002 meeting and subsequent drafts were considered by the WQC in December 2002. DWQ Staff will present the Hearing Officers proposed permanent NPDES Phase 2 Stormwater Rules and request permission to proceed to the full Page 2 02/04/03 EMC the next day for permission to publish the Notice of Text and proceed to public hearing with the proposed rules (see attachment). 8. Request Approval to Send the Proposed Permanent Rule Text for Catawba Buffer Rules to the full EMC for Public Hearing & Recommendation for the EMC to Waive the 30 -day Rule - (Action Item) (Alan Clark) Temporary buffer rules were adopted by the Commission in May 2001 and became effective on July j > 1, 2001. The rules protected 50 -foot wide buffers along the shorelines of the free-flowing portions of (�v �ythe Catawba River mainstem below Lake James and along the mainstem lake shorelines from the headwaters of Lake James to the North Carolina -South Carolina state line in Lake Wylie. Subsequently, �V�sy the General Assembly passed legislation (HB 189) extending the effective life of the temporary rules AA n until September 1, 2003. The EMC has requested staff prepare permanent buffer rules, based on the ty ,y temporary rules, and present them for the EMC to approval sending them to public hearings with the : intent to adopt the existing temporary rules as permanent prior to the September 1, 2003 expiration date. Staff's presentation will include a summary of the fiscal analysis of the rules, benefits and limitations, staff resource needs, public sentiment, and possible tie-ins with other proposed rules. The Committee ' h) will decide whether to approve sending the rules to the full EMC the next day for their approval to send them to public hearings. If yes, then a recommendation for the EMC to waive the 30 -day rule will also, W be requested (see attachment). �.i 9. Updates on Recent Actions of US Army Corps of Enaineers and US Environmental Protection Agency Reeardina Isolated Wetlands and Waters and NC Court of Appeals Recent Decision �i ' Rmardina Wetlands - (Information Item) (John Dorney) f `X/ On January 15, 2003, the US Army Corps of Engineers and US Environmental Protection Agency published a Guidance Memorandum concerning how their agencies are to implement the US Supreme Court's 2001 decision regarding isolated wetlands and other isolated waters (the "SWANCC" case — Solid Waste Agency of Northern Cook County). DWQ staff have reviewed this Guidance and discussed it with US Army Corps of Engineers staff in NC and conclude that as long as the EMC's isolated wetland and isolated waters rules remain in effect (15A NCAC 2H .1300), then the Guidance will have no practical effect in NC. Also on December 31, 2002 the NC Court of Appeals ruled unanimously that the EMC has statutory authority to regulate wetlands since wetlands are included in the existing definition of waters of the state. The Court of Appeals also ruled unanimously that the 401 Water Quality Certification rules (15A NCAC 2H.0500) were properly adopted and do not have to be re - noticed and approved by the EMC. If Commission members should have any questions, DWQ staff will be available to address these issues. Closing Comments Page 3 Chairman Peterson i t� Rosewoix7 FLO f, Gdsborc �� • 0e tl ht � 94�1'X �1� .tech, Id _ •A request has been received for the Water Quality Committee to grant a variance from the Neuse River riparian area protection rule (15A NCAC 2B .0233) for the HWB, Inc. "Rosewood Industrial Park" project. -The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. -The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing to pipe and fill approximately 570 feet of an unnamed modified stream within the Little River (WS -IV NSW) watershed. •The subject stream begins west of Hwy 581 drains through the property and across Hwy 70. (show flow direction) *Approximately 0.96 acres of associated protected riparian buffers will be impacted by the proposed project. 1 -The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as "HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway -related businesses allowed under the existing zoning. -This is an aerial photo showing: *the existing development on the property (buildings, parking, storage areas);& *the modified stream that is proposed to be piped 2 • a J � � 4 ' J?. J - 1M A K y q_ N!: IC -The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as "HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway -related businesses allowed under the existing zoning. -This is an aerial photo showing: *the existing development on the property (buildings, parking, storage areas);& *the modified stream that is proposed to be piped 2 -Here is a view of the modified stream that is proposed to be piped from Hwy 581 looking downstream towards the project area. -The stream if flowing away from you. -Note the small fringe of woody vegetation, grass and adjacent buildings. Q VIEW FROM HIGHWAY 70 LOOKING UPSTREAM TOWARDS THE PROJECT AREA •Here is a view of the same stream looking upstream from Hwy 70 towards the project area. •The stream is flowing towards you. •Again note the small amount of woody vegetation, grass and existing buildings. 0 PROPOSED DEVELOPMENT a� GAS STATION a: GF _ ' PMC 100' C FAST z ; r X. FOOD = a ill STORMWATER -yk WETLAND *As stated previously the applicant is proposing to pipe and fill approximately 570 feet of modified stream (located here) and remove 0.96 acres of vegetated buffers. •A gas station and fast food restaurant are proposed for the site.. *The applicant has proposed stormwater controls in the form of a constructed wetland that will treat stormwater run-off from the entire project area and 0.41 acres of offsite impervious surface. -The applicant will also have to make a payment into the Wetlands Restoration Program to meet the nitrogen load removal standards required under the Neuse River Basinwide Stormwater Requirements. G EXISTING CONDITIONS a2, IIAPACTS— t'e - a e n. (ou gs GRAPHIC SALE 2 S ¢1 W3 41P +'+ FLOW rr � r � ® g� H: Atli s a -The project area and along the modified stream currently consists of over 60% of impervious surface (buildings and parking areas). *The stormwater runoff from these areas is currently not being treated. • Only a small fringe of woody vegetation (shown here in green) exists along the modified stream. -The remainder of the 50 -foot buffer consists of grass (shown here in blue and pink) and impervious surfaces (buildings and gravel parking lots). -The grassed areas are highly compacted and allow for very little infiltration and treatment of stormwater runoff. ''-This is a photo of a portion of the mitigation area. (Point out the location of the stream.) This area represents the majority of the area proposed for mitigation. The restored buffer will treat stormwater runoffcurrentlyhas little to no treatment. , l The Division staff believe that the following conditions should be added to the variance if approved. •A buffer restoration plan pursuant to 15A NCAC 02B .0242 that includes the restoration areas proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream or buffers. •A stormwater management plan including the constructed wetland proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream and buffers. -The applicant shall receive any required 401 Water Quality Certifications prior to impacting the stream. The Division Staff believe that the project will result in improved water quality and recommend the approval of this variance request with these conditions. *The applicant is proposing to restore 2.45 acres of buffers along adjacent modified streams and tributary ditches (located here) to mitigate for the 0.96 acres impacted buffers. L.,)I,e 7 MITIGATION , O A _ 8 Bu1TEa M171 110N .J *The applicant is proposing to restore 2.45 acres of buffers along adjacent modified streams and tributary ditches (located here) to mitigate for the 0.96 acres impacted buffers. L.,)I,e 7 OtO� W AT ;y O 'C A/Z Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Consideration of a Request for a Major Variance from the Neuse River Riparian Area Protection Rule HWB, Inc. "Rosewood Industrial Park", Goldsboro, Wayne County, NC February 12, 2003 Kerr T. Stevens Division of Water Quality A request has been received for the Water Quality Committee to grant a variance from the Neuse River riparian area protection rule (15A NCAC 26 .0233) for the HWB, Inc. "Rosewood Industrial Park" project. The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing to pipe and fill approximately 570 feet of an unnamed modified stream within the Little River (WS -IV NSW) watershed. The subject stream begins west of Hwy 581 drains through the property and across Hwy 70. Approximately 0.96 acres of associated protected riparian buffers will be impacted by the proposed project. The project area and along the modified stream currently consists of over 60% of impervious surface (buildings and parking areas). The stormwater runoff from these areas is currently not being treated. Only a small fringe of woody vegetation exists along the modified stream. The remainder of the 50 -foot buffer consists of grass and impervious surfaces. The grassed areas are highly compacted and allow for very little infiltration and treatment of stormwater runoff. The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as "HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway -related businesses allowed under the existing zoning. The applicant has proposed stormwater controls in the form of a constructed wetland that will treat stormwater run-off from the entire project area and 0.41 acres of offsite impervious surface. The applicant will restore 2.45 acres of buffers North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 along adjacent modified streams and tributary ditches to mitigate for the 0.96 acres impacted buffers. Finally, the applicant will make a payment into the Wetlands Restoration Program to meet the nitrogen load removal standards required under the Neuse River Basinwide Stormwater Requirements. Recommendations and Preliminary Findings: 1. The Division Staff believe that the applicant's request has met all of the requirements ((identified within 15A NCAC 2B .0233(9)(a)] for granting a variance. 2. The Division staff believe that the applicants are proposing sufficient nitrogen removing stormwater controls to compensate for the loss of the nutrient removal functions of the impacted buffers. 3. The Division staff believe that the applicants are proposing sufficient buffer mitigation to compensate for the loss of the riparian buffer. 4. The applicants are also proposing a payment into the Wetlands Restoration Program for nitrogen off -set payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235). 5. Additional Conditions — The Division staff believe that the following conditions should be added to the variance if approved. a) A buffer restoration plan pursuant to 15A NCAC 02B .0242 that includes the restoration areas proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream or buffers. b) A stormwater management plan including the constructed wetland proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream and buffers. c) The applicant shall receive any required 401 Water Quality Certifications prior to impacting the stream. The Division Staff believe that the project will result in improved water quality and recommend the approval of this variance request with the conditions listed above.