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HomeMy WebLinkAboutOctober 9 2018 WQC_Meeting_Summary Approved NOV 7 2018 APPROVED NOVEMBER 2 2018 | [Document subtitle] ENVIRONMENTAL MANAGEMENT COMMISSION WATER QUALITY COMMITTEE MEETING SUMMARY October 9, 2018 BRIEF The Water Quality Committee (WQC) of the Environmental Management Commission (EMC) at its October 9, 2018 meeting: • approved the draft summary for July 11, 2018 WQC meeting. • approved to proceed with the proposed revisions to the rules in Sections .0800, Laboratory Certification Rules and .1100, Biological Certification Rules of 15A NCAC 02H, respectively, and the Fiscal Note for 02H .0800 and the Regulatory Impact Analysis for 02H .1100 to the EMC. • approved to proceed to the EMC with the draft Environmental Management Commission and Department of Environmental Quality 2018 Annual Basinwide Water Management Planning Report to the ERC. • heard presentations of the Algal Assessments in Lake Mattamuskeet and the Stormwater Nitrogen and Phosphorus Accounting Tool. WQC Members in Attendance: Dr. Albert Rubin, WQC Chairman Ms. Marion Deerhake, WQC Vice Chair Mr. George Pettus, EMC Mr. Steven Keen, EMC Dr. Stan Meiburg, EMC Mr. Mitch Gillespie, EMC Ms. Julie Wilsey, EMC Vice Chair Mr. J.D. Solomon, EMC Chairman Others Present: Mr. Bill Puette, 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 October 9, 2018 WQC agenda. II. Agenda Items 1. Request to Proceed to the EMC with Proposed Revisions to Rules 15A NCAC 02H .0800 and .1100, the Fiscal Note for the 02H .0800 rules and the Regulatory Impact Analysis for the 02H .1100 rules APPROVED NOVEMBER 2 2018 | [Document subtitle] Description Ms. Dana Satterwhite and Ms. Cindy Moore, both in DWR’s Water Sciences Section, requested the WQC’s approval to proceed to the EMC with proposed revisions to rules in Sections .0800, Laboratory Certification Rules and .1100, Biological Certification Rules of 15A NCAC 02H, respectively, and the Fiscal Note for 02H .0800 and the Regulatory Impact Analysis for 02H .1100. These rules along with other DWR water quality program rules underwent the S.L. 2013-413 (HB74) rule review during 2014 that resulted in the rules needing to be re-adopted 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 DEQ 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 approved the rule drafts in May 2017. Subsequently, the Rules Review Committee pre-reviewed the draft rules and changes were made based upon their recommendations. Discussion None Motion Commissioner Meiburg made a motion to proceed the rules in Sections .0800 and .1100 of the 15A NCAC 02H to the EMC. Commissioner Gillespie seconded the motion. The motion passed unanimously. 2. Request to Proceed to the EMC with the 2018 Annual Environmental Review Commission (ERC) Report on Basinwide Water Management Planning Description Ms. Nora Deamer, in DWR’s Basin Planning Branch, requested the WQC’s approval to proceed to the EMC with the Draft Environmental Management Commission and Department of Environmental Quality’s 2018 Annual Basinwide Water Management Planning Report to the Environmental Review Commission (ERC). The report is required under G.S. 143-215.8B(d) and includes information related to developing and implementing basinwide water management plans. Additional information was included in the report at the request of the EMC to inform the ERC on additional environmental concerns as they relate to water quality. The report is due to the ERC by November 1 of each year. Discussion Commissioner Gillespie asked what was done to increase public involvement and public education as it relates to the 2018 report. Ms. Deamer replied that we reach out to stakeholders in the watershed and do outreach and education. He asked are the regional council of governments and basin commissions contacted. She replied yes. WQC Vice Chair commented that Hiwassee River basin is an area that needs continued attention with respect to education for landowners and the installation of buffers. Also, the WQC Vice Chair mentioned that the Savanah River Basin is a popular area for tourism, and we must be very careful about planning for new and modified recreational facility. The WQC Chair recommended that atmospheric deposition of nitrogen and emerging contaminants be included in future basin planning reports. Commissioner Keen recommended making excessive flooding from hurricanes a priority for the report and make it a priority for any undergoing studies in the Cape Fear and Neuse River APPROVED NOVEMBER 2 2018 | [Document subtitle] Basins. Ms. Deamer said that she doesn’t have the authority to make it a priority; but she can report the results from studies that were done in the basin plan. Motion Commissioner Meiburg made a motion to proceed to the EMC with the draft EMC and DEQ 2018 Annual Basinwide Water Management Planning Report to the ERC. Commissioner Keen seconded the motion. The motion passed unanimously. 3. Algal Assessments on Lake Mattamuskeet Description Description Beginning in 2012, algal monitoring studies on Lake Mattamuskeet have revealed the presence of cyanobacterial blooms and detectable levels of two cyanotoxin compounds. In response to these findings and current indicators of increased algal production, the United States Fish Wildlife Service has proposed to post a cyanobacterial bloom advisory for Lake Mattamuskeet. Ms. Leigh Stevenson, in DWR’s Water Sciences Section, provided an overview of the history of harmful algal bloom (HAB) conditions in Lake Mattamuskeet and current coordination between state and federal agencies to address the associated ecological and human health concerns. Discussion There were several questions about the restoration plan for the Lake, but they could not be answered by Ms. Stevenson because see did not have knowledge about it. Those questions were primarily focused on monitoring wells to determine migration effects and nitrogen. WQC Vice Chair Deerhake stated that DEQ can play a valuable role in the Lake’s restoration plan because of nitrogen sources that need to be identified and quantified and, in turn, loading to the Lake. Also, she said that we need to understand the Lake as a habitat of migratory fowl. WQC directed DWR to return with additional information to the WQC at its November 2018 meeting. Motion Not Applicable 4. Overview of the Stormwater Nitrogen and Phosphorus Accounting Tool Description The Stormwater Nitrogen and Phosphorus Accounting Tool (SNAP) is a spreadsheet calculator of nutrients leaving development sites in stormwater runoff. This presentation will describe the history of stormwater calculators used for nutrient management in NC, how this tool was developed, how it works, and the many functions and improvements that have been added compared to previous tools. Discussion Commissioner Keen asked what the strategy is to inform the local governances of the SNAP tool and which part of the local governances will be targeted first. Ms. D’Arconte said that there are things in the tool that will help them review a project against how they are going to look at what a person submits against how they review the rules and how their local ordinance affects it. The initial plan is to have targeted training for non-engineer planners in the Falls Lake Watershed. An announcement memo will be sent to stakeholders including Upper Neuse River Basin APPROVED NOVEMBER 2 2018 | [Document subtitle] Association and Nutrient Scientific Advisory Board. Other outreach opportunities include a presentation at NC Annual WRRI in the spring of 2019 as well as local universities. WQC Chairman Rubin suggested that staff do outreach with local elected officials. WQC Vice Chair Deerhake asked whether the tool has a cost calculator. Ms. D’Arconte replied that SNAP does not, although there are similar EPA tools that do. It would be possible to add a cost calculator to a future version if needed. Commissioner Meiburg asked what the Stormwater Control Measure “percent sizing” was a percentage of. Ms. D’Arconte replied that is was the proportion of the water quality volume generated by the storm depth appropriate for a given part of the state, based on average annual rainfall. Commissioner Meiburg asked if the tool could be used for basin plans or TMDLs. Ms. D’Arconte replied that this tool is most appropriate for dealing with the small scale in developed settings where stormwater is determined to be a problem. SNAP is not so much a watershed planning scale tool but can be used to support those plans. Motion Not Applicable III. Closing Comments – WQC Chair This summary was prepared by Division of Water Resources staff members Dana Satterwhite, Cindy Moore, Nora Deamer, Leigh Stevenson, Trish D’Arconte, and Adriene Weaver.