20000900 Ver 1_Agenda_20010207

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EMC WATER QUALITY COMMITTEE MEETING
February 7, 2001
Archdale Building
Please note the earlier than normal starting time ~ 11:00 AM
Executive Order No. /mandates that the Chair inquires as• to whether any member knows of any known conflict of interest or
appearance of conflict with respect to mutters before the Commission. !f any member knows of a conflict of interest or appearance
of conflict, please so state at this time.
Opening Comments Chairman Peterson
11:00 AM
*1. Request for Approval of Two Water Supply Watershed Protection Ordinances in Compliance
with the Water Supply Watershed Protection Act (NCGS 143-214.5) - (Action Item)
The municipalities of Coats and Rolesville have submitted ordinances and maps that meet or exceed
the statewide Water Supply Watershed Protection Rules. Staff recommends that the Water Quality
Committee approve these two local Water Supply Watershed Protection Ordinances (attachment
enclosed).
*2. Request for Approval of Three Neuse River Nutrient Sensitive Waters (NSW) Local Stormwater
Plan Submittals - (Action Item)
Stormwater plans have been submitted to the Division of Water Quality (DWQ) from the Town of
Smithfield, City of New Bern, and City of Kinston. These plans have been reviewed by DWQ staff
and have addressed all major components of the Neuse Stormwater Rule and Model Plan. Staff
recommends approval (attachment enclosed).
3. Review of the City of Durham's Neuse River Nutrient Sensitive Waters (NSWI Stormwater Plan
and an Update on Remaining Local Plan Submittals - (Action Item) (Bradley Bennett)
Staff has preliminarily reviewed the City of Durham's Local Plan. Additional information to be
provided by the City of Durham will allow the DWQ staff to offer a recommendation at the WQC
-neeting. Staff will also provide the WQC with an update for the remaining local government plan
reviews (attachment enclosed).
4. Discussion of Temporary Rule-maldn¢ Authority for the Cape Fear River Basin - A change in presentation
order moves this agenda item to No. 9-a, please continue with agenda item No. 5 below.
5. _Update on Technical Advisory Committee Report on Appropriate Buffers for Mountain Streams -
(Information Item) (John Dorney)
The Committee received a copy of the Technical Advisory Committee's Report at December's
Committee meeting. The report includes information and recommendations discussed by the Technical
Advisory Committee. Staff will present the report to the Committee (attachment enclosed, same as
the attachment from the December meeting).
*Items marked with an asterisk (*) will be presented orally at the meeting only upon request by a
Committee member and can be approved where required as a group.
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6. Update on Development of Buffer Protection Approach for Catawba River Basin and
Recommendation on Temporarv Rules - (Action Item) (Alan Clark)
DWQ staff will present the proposed temporary rule language for riparian buffer protection in the Upper
and Lower Catawba Basins. Staff has worked with the upper and lower committees to draft the
language for the proposed temporary rule and is seeking the WQC's approval of the drafted rule
language. Staff will seek permission to proceed to the EMC for permission to go to public hearing with
the proposed temporary rule language (attachment enclosed).
a) Catawba River Temp Rule Final Report
b) Catawba River Comments Received on the Temp Rule
c) Catawba River EMC Cover Memo - Feb012
d) Catawba River Proposed Temp Rule for Miti ation
e) Catawba River Proposed Temp Rule for Shoreline
7. Request for Consideration of a Maior Variance from the Neuse River Riparian Area Protection
Rule - (Action Item)(Bob Zarzecki)
A request has been received for the Water Quality Committee (WQC) to grant a variance from the Neuse
River Riparian Area Protection Requirements for a Congregate Care Facility project to be located on the
west side of Hilburn Drive, approximately 'h mile north of the intersection of Hilburn Drive and Lynn
Road, Raleigh, Wake County. The parcel size is approximately 0.92 acres in size. The applicant is
proposing to pipe and fill approximately 90 linear feet of channel and associated riparian buffers of an
unnamed tributary of Turkey Creek (C NSW). The Division staff recommends the denial of the variance
request because of the items identified in Part 1 of the recommendation and preliminary findings report
(see attachment).
8. Request for Consideration of a Variance from the Tar-Pamlico River Riparian Area Protection Rule -Item
removed from the agenda
9-a. Discussion of Temporarv Rule-making Authority for the Cape Fear River Basin - (Action Item)
(Boyd DeVane)
Legislation adopted in 1999 gave the EMC authority to use the temporary rule-making provisions of the
Administrative Procedure Act to adopt rules for the protection of the TarPamlico, Catawba, and Cape
Fear River Basins. Although the statutes did not specify what type of rules the Commission could adopt
without going through the standard rule-making process, most of the discussion has been on the need to
adopt stream buffers. The Commission used the temporary rule-making authority to expedite the
adoption of buffer rules for the Tar-Pamlico Basin in January of 2000 (although the recent TarPam
nonpoint source runoff control rules were adopted through the permanent rule-making process). The
staff has been working earnestly with advisory groups on the upper and lower Catawba basin to
recommend temporary rules for that basin before the time to use the temporary rule-making authority
expires. However, the staff has not initiated a similar program for the Cape Fear River basin and is not
in a position to recommend rules at this time. The staff will discuss the efforts needed for rules within
the Cape Fear basin and seek the Water Quality Committee's guidance on how to proceed.
9. Seeking Review and Approval of the Division's Report on Persistently Non-compliant Publicly Owned
Treatment Works -Item removed from agenda
10. Consideration of a Procedure for Evaluating Tax Certification Requests for Animal Waste Management
S sv terns -Item removed from agenda
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11. Limits on Sewer Line Extensions in Flood Prone Areas -Information on Authorities to Control
Sewer Line Connections in Flood Plains - (Information Item) (Kim Colson)
EMC Chairman Moreau has expressed concern about the existing policies that allow extensions of
sewer lines serving flood prone areas. The issue will be presented for discussion on the need for EMC
action.
12. Semi-Annual Update on SB 1366 Requirements for Jordan Lake Nutrient Resuonse Model and
Nutrient Reduction Studies - (Information Item) (Triangle J COG)
The Clean Water Responsibility Act (HB 515) required NPDES facilities that discharge in waters
classified as nutrient sensitive waters (NSW) to meet minimum treatment technology for nitrogen and
phosphorus removal unless a calibrated nutrient response model was developed that showed other
nutrient limits were appropriate. In 1998, Senate Bill 1366 was ratified to extend the compliance
deadline for facilities that discharge to NSW waters where nitrogen has not been designated by the
Commission as a nutrient of concern, provided that a nutrient response model is developed and several
additional requirements regarding nutrient management and treatment are met. In April 1999, several
facilities located in the Jordan Lake watershed received approval to extend their compliance date. As
such, these facilities committed to the requirements presented in SB 1366. The required semiannual
update on the progress toward SB 1366 requirements will be distributed. (A presentation can be
arranged for the March Committee meeting at the Committee's request.)
1:45 PM-Joint Meeting with the Air Quality Committee
13. SeekinE Support for an EMC Resolution Supporting Mercury Research - (Action Item)
(Commissioner Marion Deerhake)
See attached materials.
Discussion and Ctosing Comments
Chairman Peterson
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