July_11_2018_WQC_Agenda_Summary_Approved_2018_10_09

WQC Approved October 9, 2018
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ENVIRONMENTAL MANAGEMENT COMMISSION WATER QUALITY COMMITTEE MEETING SUMMARY

July 11, 2018
BRIEF
The Water Quality Committee (WQC) of the Environmental Management Commission (EMC) at its July 11, 2018 meeting:
• approved the draft minutes for May 9, 2018 WQC meeting.
• approved a request for a Major Variance from the Neuse Riparian Area Protection Rule
from Mr. Eugene Molnar for construction of a wooden deck to an existing single-family dwelling.
• approved a request for a Major Variance from the Goose Creek Riparian Area Protection Rule from Charlotte Water for construction of the Stevens Creek Trunk
Sewer in Mint Hill, NC.
• was provided with updates on the status of the development of the 2018 303(d) List and the Division of Water Resources (DWR) Algal Blooms Assessment Program and an overview of the 2018 Watauga River Basin Water Resources Plan.

WQC Members in Attendance:
Dr. Albert R. Rubin, WQC Chairman
Ms. Marion Deerhake, WQC Vice Chair Dr. Suzanne Lazorick, EMC Mr. Steven Keen, EMC Dr. Stan Meiburg, EMC
Mr. J.D. Solomon, EMC Chairman
WQC Members not in Attendance: Mr. Mitch Gillespie, EMC Ms. Julie Wilsey, EMC Vice Chair
Others Present: Mr. Bill Puette, EMC Mr. Charles Elam, EMC Mr. George Pettus, EMC
Ms. Shannon Arata, EMC
Mr. Charles Carter, EMC Mr. Phillip Reynolds, EMC Counsel I. Preliminary Matters
WQC Chairman Rubin read the conflict of interest statement under General Statute 138A-15.
No conflict of interest was identified by the members with respect to any item on the July 11,
2018 WQC agenda.
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WQC Chairman Rubin asked the members for a motion to accept the draft minutes for the May
9, 2018 WQC meeting as presented. Commissioner Keen made a motion to approve the minutes.
EMC Chairman JD Solomon seconded the motion. Then Chairman Rubin asked members if
they had any objections to the minutes. EMC Counsel provided for clarification regarding
Commissioner Meiburg’s suggestion to eliminate the second ‘Deerhake’ on page 3 in the
discussion for agenda item number 2. He noted that the minutes need to reflect this amendment.
All the WQC members present voted in favor of approving the minutes as amended.
II. Agenda Items
1. Request for a Major Variance from the Neuse Riparian Area Protection Rule by Mr. Eugene Molnar for Construction of a wooden deck attached to an existing Single-Family
Residence in Cary, NC)
Description
Mr. Paul Wojoski, in DWR’s 401 & Buffer Permitting Branch, requested the WQC grant a major
variance from the Neuse Riparian Area Protection Rule to Mr. Eugene Molnar for the
construction of a wooden deck attached to an existing single-family residence within Zone 1 of
the buffer at 110 Bebington Drive, Cary, NC. To mitigate the buffer impact, the applicant
proposes to 2 plant native hardwood species in Zone 1 of the buffer. The applicant proposes to
install two splash pads on the home’s downspouts to provide diffuse flow and treatment for
previously untreated stormwater runoff. Based on the information submitted, the DWR staff
supports this request for a major variance from the Neuse Riparian Area Protection Rule because
all the requirements in 15A NCAC 02B .0233 have been met.
Discussion
Several members expressed concern over the challenges of the existing riparian area protection
rules for single family properties.
Motion
Commissioner Meiburg made a motion to approve this variance. Commissioner Elam seconded
the motion. The motion passed unanimously.

2. Request for a Major Variance from the Goose Creek Riparian Area Protection Rule by
Charlotte Water for construction of the Stevens Creek Trunk Sewer - Phase I in Mint Hill,
NC
Description
Ms. Karen Higgins, in DWR’s 401 & Buffer Permitting Branch, requested the WQC grant a
major variance from the Goose Creek Watershed Riparian Area Protection Rule to Charlotte
Water for the construction of 9,902 feet of sanitary sewer within the buffer along Stevens Creek
and a tributary to Stevens Creek west of I-485 in Mint Hill, NC. The applicant proposes
permittee responsible mitigation. Based on information submitted, the DWR staff supports this
request for a major variance from the Goose Creek Watershed Riparian Area Protection Rules
because all the requirements in 15A NCAC 02B .0606 have been met.
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Discussion Commissioner Keen asked the project manager for Charlotte Water who would be responsible
for conducting the leakage test for wastewater that would be sent outside of the Goose Creek
watershed once the US Army Corps of Engineers approves the 401water quality certification and 404 permit for the Stevens Creek project. The project manager replied that Charlotte Water would. EMC Chairman Solomon asked Charlotte Water with respect to the leakage testing what it is doing more than what it normally does. WQC Chairman Rubin asked if there was Discharge
Monitoring Report (DMR) data on the existing package plant that is going to be replaced. WQC
Vice-Chair Deerhaake asked Ms. Higgins why the applicant is given the option to purchase mitigation credits if existing pumps are not replaced with a regional pump and the proposed stream restoration is not completed. Ms. Higgins explained that the variance is for buffer impacts and these other activities require other approvals, but if for some unforeseen issue the applicant
could not complete these activities to offset the buffer impacts then it could use mitigation
credits to meet its ‘permittee’ responsible mitigation. WQC Vice-Chair Deerhaake stated “I am not clear why we are giving this option especially not shutting down the package plant which was the motivation for the replacement anyway. So, I am concerned about that that they should be mandatory it seems in order to be given this variance, especially given the ecosystem that is
there.” WQC Vice-Chair asked for additional details about the Carolina Heelsplitter, positioning
of the pipe, the PVC inspection schedule and contingency plan if there is a leak, and failing septic tanks in the Steven’s Creek watershed.
Motion Commissioner Meiburg made a motion to approve the major variance request with the condition
that “if these activities are not completed” phrase be removed from Charlotte Water’s mitigation plan. Commissioner Keen seconded the motion conditions. The motion passed unanimously.
3. 303(d) Listing and Delisting Update
Description Mr. Cam McNutt, in DWR’s Modelling Branch, provided the WQC with a progress update on
the status of development of the 2018 303(d) list.
Discussion EMC Chairman Solomon asked Mr. McNutt if unintended consequences identified as a result of the assessment data. He replied no.
Motion
Not Applicable
4. Algal Blooms Assessment Program Update Description Mr. Mark Vander Borgh, in DWR’s Water Sciences Section, provided the WQC with an update
on the Division’s Algal Bloom Assessment Program. Mr. Vander Borgh provide information
various projects, including cyanotoxin testing development and fish kill and bloom reporting, and the occurrence of algal blooms in North Carolina. Discussion
Commissioner Keen asked when the history on Lake Mattamuskeet started. Mr. Vander Borgh
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stated that DWR has monitored the lake as part of the basinwide assessment program for over twenty years and periodically receives algal samples from the Fish and Wildlife Service analysis.
Commissioner Lazorik asked whether algal toxins are harmful to humans, mammals, flora and
fauna. There are a number of toxins that algae can produce which have different effects on different types of organisms. Motion
Not Applicable
5. Overview of the 2018 Watauga River Basin Water Resources Plan
Description Ms. Michelle Raquet, in DWR’s Basin Planning Branch, provided the WQC with an overview of the draft 2018 Watauga River Basin Water Resources Plan. The presentation included a general
overview of various elements of the plan, including plan requirements, geography, land use, population, nonpoint source pollution, water quality protection programs, permits, water use, monitoring data and water quality assessment, and watershed chapters. Additionally, a rollout of an interactive map on a basin plan for the public was provided.
Discussion
Commissioner Lazorik inquired what the timeline is for getting the interactive maps for the remaining basins completed. Ms. Raquet explained that the basin maps will be developed on a rotating schedule. WQC Vice Chair Deerhaake stated that it would be useful for the basinwide plans to integrate national atmospheric deposition data layers for nitrogen, sulfur and mercury to understand where
atmospheric depositions could have a potential impact on water quality.
Motion Not Applicable

III. Closing Comments – WQC Chairman, Dr. Albert Rubin
This draft summary was prepared by Paul Wojoski, Karen Higgins, Cam McNutt, Mark Vander Borgh, Michelle Raquet, and Adriene Weaver