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).
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02/04/03
py Recommendations to Modify the Maior Variance Request Procedures - (Action Item) (Bob �t
Zarzecki) �?
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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
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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
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•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
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-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.
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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.
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PROPOSED DEVELOPMENT
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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.
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EXISTING CONDITIONS
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-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
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MITIGATION
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Bu1TEa M171 110N
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*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
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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.