20061048 Ver 1_Agenda_20060701

July 2006 WQC Meeting Agenda Titles and Descriptions
Request for Site-Specific Variance from Wetlands Standards for Kinnakeet Sand
Mine (Action Item)
Under the provisions of 15A NCAC 2B .0226, DWQ Staff will present a request for a site
specific variance from the Wetlands Standards contained in 15A NCAC 2B .0231 for the
Kinnakeet Sand Mine located on Hatteras Island.
Review of Letter from Marine Fisheries Commission Requesting Modification of
Coastal Stormwater Rules
DWQ Staff will review a letter submitted from the Marine Fisheries Commission (MFC)
to the Water Quality Committee requesting that the WQC and Environmental
Management Commission initiate rulemaking action to amend the Coastal Stormwater
Rules contained in 15A NCAC ZH .1005. In addition, Staff will review specific
provisions that the MFC would like to see incorporated into this revision of the
stormwater rules and will discuss the options that are available to the WQC.
Update on Legislative Activities Regarding 15A NCAC 2B .0240, the Nutrient Offset
Payments Rule (Information Item)
DWQ Staff will update the WQC on the latest activities regarding the introduction of
legislation in the General Assembly to amend the implementation of the amendments to
15A NCAC 2B .0240, the Nutrient Offset Payments Rule, which the EMC adopted in
January of 2006. These amendments raised the nitrogen fee in the Nutrient Offset
Payments Program from $11 per pound to $57 per pound.
Update on DWQ Issuance and Suspension of May 26, 2006 Memorandum
Clarifying the Use of Coastal Wetlands in Impervious Surface Calculations
(Information Item)
DWQ Staff will review the sequence of events and circumstances regarding the issuance
and subsequent suspension of a memorandum from the DWQ Director that was intended
to clarify the relationship between coastal wetlands and low density impervious surface
calculations for State Stormwater Permits. Staff will further discuss potential future
actions that the WQC may pursue in this matter.
Overview of Recent Supreme Court Decision in "Rapanos vs United States" and
Potential Impact to the NC Wetlands Program (Information Item)

Staff will provide a review of its interpretation of the meaning of the recent Supreme
Court decision in "Rapanos Versus United States," which was primarily concerned with
the federal regulation of wetlands. In addition, Staff will provide input regarding how
this decision might potentially impact the North Carolina wetlands program and this
State's regulation of wetlands and intermittent streams.

Agenda Item # Approval of Water Quality Committee Recommendation
Regarding aSite-Specific Variance for the Kinnakeet Sand
Mine.
Explanation: In accordance with the provisions of 15A NCAC 2B .0226,
the EMC will be requested to consider and approve a
recommendation from the Water Quality Committee
(WQC) regarding the granting of asite-specific variance
from the Wetlands Standards contained in 15A NCAC 2B
.0231 for the Kinnakeet Sand Mine on Hatteras Island.
Recommendation: That the EMC consider and approve the WQC's
recommendation in this matter.
1

Avon/Kinnakeet Sand
Mine Expansion
Project details
,,,,,2006
Introduction
• Project setting
• Request processed through Division of
Water Quality's Wetlands and
Stormwater Branch using Isolated
Wetlands Rules as guidelines
7,,,,2006
Proposed Wetland Impacts
• 404 Jurisdictional
• 11.62 acre mine expansion area
includes 6.16 acres of freshwater
maritime grassland and freshwater
maritime shrub wetlands
• Conversion to freshwater ponds
adjacent to surrounding Kinnakeet
development
7I11I2006
Avon/Kinnakeet Sand Mine Expansion 1

Regular Review Process
• Sequencing
-Avoidance
-Minimization
-Mitigation
7/112006
Avon/Kinnakeet Sand Mine Expansion

Avoidance
• Alternative sites
-Dredging from ocean bottom
-Transport by barge or truck from mainland
or other islands
-Sand quality also at issue
'!/1112006
Minimization
• Onsite alternatives or construction
techniques
• Residential/Commercial surroundings
]11112006
Avon/Kinnakeet Sand Mine Expansion 3

Mitigation
• 2:1 mitigation, at least 1:1 of which must
be restoration or creation (6.16 ac)
• 0.95 acre restoration + 0.49 acre
creation + 4.75 acre by EEP = 6.19 ac
(EEP rounds up to nearest 1/4 acre)
• 30.65 ac preservation with Conservation
Easement to preclude future impact
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Avon/Kinnakeet Sand Mine Expansion 4

Summary
Project purpose and need is public
safety through maintenance of existing
public infrastructure
DOT documentation supports claims of
difFculty locating or transporting
appropriate material from elsewhere
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Next steps
• Water Quality Committee to consider
request for site-specific Exemption from
Water Quality Standards
• WQC to make recommendation to
Environmental Management
Commission
• EMC to decide if site-specific exemption
is applicable, along with conditions
]li I/2006
Avon/Kinnakeet Sand Mine Expansion