E2_Sedimentation CC Minutes 8.22.17_Approved

MINUTES
NORTH CAROLINA SEDIMENTATION CONTROL COMMISSION
August 22, 2017
GROUND FLOOR HEARING ROOM, ARCHDALE BUILDING
RALEIGH, NORTH CAROLINA
The North Carolina Sedimentation Control Commission
10:00 a.m. in the Ground Floor Hearing Room, Raleigh,
persons were in attendance for all or part of the meeting:
COMMISSION MEMBERS
Mr. Jonathan Bivens (Chair)
Ms. Natalie Berry
Dr. Susan White (Vice -Chair)
Karla Hammer-Knotts
OTHERS
met on August 22, 2017 at
North Carolina. The following
Mr. Tracy Davis, Director, DEMLR
Mr. Toby Vinson, Chief, Program Operations, DEMLR
Ms. Julie Coco, State Sediment Engineer, DEMLR
Mr. Jeevan Neupane, Asst. Sed. Engineer, DEMLR
Mr. Brad Cole, Chief, Regional Operations, DEMLR
Mr. Shawn Maier, Attorney General's Office, General Council to SCC
Mr. Boyd DeVane, DEMLR
Mr. David Harris, DOT
Mr. Ryan Eaves, Durham County Local Program
Ms. Karyn Pageau, Durham County Local Program
Mr. Kirk Stafford, Town of Cary Local Program
Mr. Rob Stewart, Durham County Local Program
Mr. Bill Swartley, Division of Forestry
Mr. Scott Ford
PRELIMINARY MATTERS
Mr. Bivens called the meeting to order.
Those in attendance introduced themselves.
Mr. Bivens asked for a motion to approve the minutes from the May 18, 2017 meeting.
Ms. Hammer-Knotts moved to approve the minutes. Ms. Berry seconded the motion,
and the minutes were approved unanimously.
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ACTION ITEMS
Mr. Bivens read Executive Order No. 1 regarding avoidance of conflict of interest.
Local Program Review, Recommendation and Vote on Continued Delegation — Mr.
Jeevan Neupane — Mr. Neupane reviewed each of the Local Programs in order
(Greensboro, Burlington, Watauga County, Boone, Chapel Hill, Durham County/City,
and Greenville). See the 18-page report entitled "Local Program Report to the SCC"
dated August 22, 2017. Dr. White requested that Greensboro's FTE count (2 FTE) be
included in the report. Mr. Bivens clarified that there were 15 active projects in
Burlington and asked that this clarification be included in the report. He also asked that
Mackintosh on The Lake, Parcel #I, be corrected at item 3) to state "Remove all the
stockpiles that are within 50 feet of the skimmer basins." Dr. White requested that
further clarification be added in the Watauga County report clarifying whether there
was initial non-compliance at Sites 3 and 4 and if they are now back into compliance.
Ms. Hammer-Knotts requested that the number of FTEs for the Town of Boone be
added to that local program review report.
Ms. Berry moved to renew the delegation for all seven programs together and remove
the Durham County and Greenville Local Programs from probationary status. Dr. White
seconded that motion. The motion passed unanimously.
INFORMATION ITEMS
Rules Review Process Update — Mr. Boyd DeVane — Mr. DeVane reported on the
status of the Sediment Rules Stakeholders Rules and Re -adoption Workgroup meetings
and the associated documents produced by the Workgroup. See attached "Suggested
changes to Chapter 04 of the Sedimentation Control Rules" memo, "Proposed Re -
Adoption Schedule," and the red -line copy of the suggested changes to Sedimentation
Control Rules. Mr. DeVane requested that the Commission members begin reviewing
the proposed changes to the sediment rules and to share them with their constituents
and other interested parties and to provide any feedback directly to DEMLR staff.
DEMLR staff intends to place the documents on its web page to facilitate public review
in advance of DEMLR's next update to the Commission in November.
Enforcement Report — Mr. Vinson gave a summary of the Attorney General's
enforcement report. A copy of this report is attached to the original minutes.
Land Quality Section Active Sediment Cases Report — Mr. Vinson presented the
status of Civil Penalty Assessments. A copy of this report is attached to the original
minutes.
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NCDOT Report — Mr. Neupane reported that two ICAs have been issued since May
2017 and no Trout Buffer Waivers have been issued.
Sediment Program Status Report — Mr. Vinson provided a report on the current
statistics and work of the Sediment Program. DEMLR's Monthly Activity Report
outlining various program metrics for Fiscal Year 2016-17 is attached to the minutes.
Land Quality Section Report — Mr. Vinson noted that DEMLR currently has 10
vacancies and has filled the State Sediment Engineer position and introduced Ms. Julie
Coco to the Commission. Mr. Vinson then reported on the 10 vacancies as follows:
there is a recommendation to hire an Environmental Specialist in the ARO; WSRO has
a vacant Environmental Specialist position; the MRO is currently interviewing for an
Environmental Specialist; an Assistant Regional Engineer position has been advertised
in the RRO; WIRO has a vacant Environmental Specialist position; WARD has
advertised for a vacant Environmental Specialist; the Mining Program has a vacant
Supervisor position; a recommendation has been provided DEQ Human Resources with
a recommendation to hire the Supervisor for the Stormwater Program; FRO has a
vacant Environmental Specialist position; and the Sediment Education Engineer
position is now vacant.
Procedure for nomination and judging for Local Program Awards - Ms. Hammer-
Knotts conveyed her concerns with the current award nomination process and asked for
reevaluation of the current process used by staff to nominate and judge these awards.
Mr. Bivens and Dr. White do not feel this is an item for the commission to consider, but
requested that staff review the existing process and determine if improvements can be
made to improve the integrity of the program, if needed. DEMLR staff agreed to review
the current process and will provide a presentation on the program at the next
Commission meeting.
Commission Member appreciation upon completion of service — Ms. Hammer-
Knotts would like for the Chairman to send thank you notes to departing members to
show appreciation from the Commission for their service. Mr. Vinson reported that the
Commission has written letters and resolutions of appreciation in the past. Mr. Bivens
and Ms. Hammer-Knotts noted the names of past members that departed the
Commission within the past year that would be issued such a letter of appreciation from
the Chairman. DEMLR staff agreed to develop a letter for the Commission Chairman's
signature that will be placed on the agenda as an action item for a vote by the full
Commission at its November meeting.
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CONCLUSION
Remarks by the Director — Mr. Davis thanked Mr. Neupane, Mr. DeVane, Mr. Vinson
and Mr. Cole for their contributions. He introduced and welcomed Ms. Coco as the new
State Sediment Engineer. Mr. Davis also updated the Commission on two DEMLR
positions that were abolished through recent legislative budget cuts and an additional
budget cut of $800,000 that is still pending that the Department and its Divisions must
address through a Reduction Through Reorganization Plan. Mr. Davis also advised the
Commission that the annual sediment and stormwater program reports have been
combined through recent legislative action and that the combined report is due by
October 1 to the Environmental Review Commission., Mr. Davis provided brief updates
on the sediment program related aspects of Senate Bill 131, Senate Bill 615, and
Senate Bill 16. Mr. Davis concluded with the status of vacant seats on the Commission
and the Department's commitment to work with the Governor's Office to have the seats
filled as soon as possible.
Remarks by the Chair — Mr. Bivens thanked staff for all the work they've been able to
perform given current resources.
Adjournment — Dr. White made a motion to adjourn. Ms. Berry seconded the motion,
and it was approved unanimously. As there was no further business, Mr. Bivens
adjourned the meetin0at 12:45 PM.
Toby NAn, PE, Chief of Programs racy . Davis, PE, hector,
Division f Energy, Mineral, and Land Divisio of ergy, Mineral, and Land
Resources Resources
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