20061048 Ver 1_Agenda_20060712

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ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING
AGENDA
July 12, 2006
Archdale Building -Ground Floor Hearing Room
12:00 P.M. - 3:00 P.M.
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.
12:00 p.m. -Opening Comments
Chairman Peterson
* Asterisk indicates consensus item where no presentation is planned, but staff is present if there are questions.
*1. Request for Approval of Modifications to the Chatham County Water Supply
Watershed Protection Ordinance - (Consensus Action item) (Boyd DeVane)
As a result of the planned expansion of Siler City's water supply reservoir on the
Rocky River, the Environmental Management Commission (EMC) enlarged the reservoir's
critical area. Although the County had a "River Corridor" classification in place that
provided a more stringent level of protection than the EMC requirements, the expansion of
the reservoir did mandate that the County add some additional areas to the "WS-III Critical
Area." The County approved the map and ordinance changes and has submitted them to the
Water Quality Committee (WQC) for approval. The staff believes that the changes are
equivalent to, or more stringent than, the statewide requirements and recommends approval.
~2 -- ~},~,-,
"3„ Request for Delegation of Authority of the Neuse and Tar-Pamlico River Riparian
,,/ Area Protection Rules to Pitt County, NC - (Action Item) (Cyndi Karoly)
A request has been received for the EMC to grant Delegation of Authority of the
Neuse River Riparian Area Protection Rule (15A NCAC 2B .0233) and the Tar-Pamlico
Riparian Area Protection Rule (15A NCAC 2B .0259) to Pitt County per 15A NCAC 2B
.0241 and .0261, respectively. If delegated, Pitt County will be responsible for
implementing the riparian area protection programs as described in 15A NCAC 2B .0233
and .0259 for the Neuse and Tar-Pamlico River Basins, respectively. The Pitt County Board
of Commissioners has adopted a "Pitt County Riparian Buffer Protection Ordinance", and
the Pitt County Planning Department staff and Pitt County Technical Review Committee
will administer the program, if delegated. The Division of Water Quality (DWQ) staff
recommends sending this Delegation of Authority to Pitt County request to the full EMC in
September 2006 (attachments enclosed: Pitt County's Letter to WQC, Pitt County Riparian
Buffer Protcction Ordinance and Pitt County Riparian Buffer Jurisdiction Map).
3. Request for a Maior Variance from the Neuse River Riparian Area Protection Rules
for Marv Manasse's Lot 24 located in the D.L Johnson Subdivision, Raleigh, NC -
(Action item)

07/10/06
A request has been received for the WQC to grant a major variance from the Neuse
River Riparian Area Protection Rules (15A NCAC 2B .0233) to Mary Manasse for her lot 24
in the D.L Johnson Subdivision, Raleigh, NC. The applicant, Mary Manasse, is proposing to
impact buffers along Oxford Branch in order to build a single family home. Oxford Branch
is a Class "C, NSW" stream. Stormwater management to control nitrogen, planting of native
hardwoods and payment into the Riparian Buffer Restoration Fund are proposed to mitigate
the impacts. The DWQ staff recommends approval of this major variance request
(attachments enclosed: Mary 1Vlanasse's Major Variance Request).
4. Request for an After-the-Fact Major Variance from the Neuse River Riparian Area
Protection Rules for the S.T. Wooten Concrete Plant located in Garner, NC - (Action
Item) (~t~~l~;~
A request has been received for the WQC to grant an after-the-fact major variance
from the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) to the S.T.
Wooten Corporation for their S.T. Wooten Concrete Plant located at 925 East Garner Road
in Garner, NC. The applicant, S.T. Wooten Corporation, impacted 8,100 square feet of Zone
1 buffers along an unnamed tributary to Big Branch Creek in order to expand their
stormwater treatment basin to address inadequate stormwater controls at the plant. The
unnamed stream is a Class "C, NSW" tributary to the Neuse River. Stormwater
management to control nitrogen has already been performed and payment into the Riparian
Buffer Restoration Fund is proposed to mitigate the impacts. The DWQ staff recommends
approval of this major variance request (attachments enclosed: S.T. Wooten Corporation's
Major Variance Request).
5. Request for Site-Specific Variance from Wetland Standards for Kinnakeet Sand Mine
- (Action Item) (Tom Reeder/Cyndi Karoly)
Under the provisions of 15A NCAC 2B .0226, DWQ staff will present a request for a
site specific variance from the wetland standards contained in 15A NCAC 2B .0231 for the
Kinnakeet Sand Mine located on Hatteras Island (PLEASE SEE YOUR EMC PACKAGE
FOR ATTACHMENTS).
6. Update on DWQ Issuance and Suspension of May 26, 2006 Memorandum Clarifyin~
the Use of Coastal Wetlands in Impervious Surface Calculations - (Information Item)
(Tom Reeder)
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 (attachments enclosed: Clarifications
Memorandum (May 26, 2006) Re~ardin~ Wetlands and Impcr<rious Surface Density and
Suspension of May 26, 2006 Memorandum Regarding Wetlands and Impervious Surface
DeilSlty).
7. Update on Water Supply Watershed Protection Compliance Visit to the City of
Hickory - (Information Item) (Boyd DeVane)
2

07/10/06
At its May 2006 meeting the WQC was asked to consider a City of Hickory ordinance
change that removed smaller projects (10,000-40,000 square feet) from water supply
watershed protection requirements. The WQC had also received information from local
citizens that indicated that the City might not be implementing its local water supply
protection ordinances. The DWQ staff visited the City and will update the WQC on the
findings of its visit.
8. Update on Legislative Activities Regarding 15A NCAC 2B .0240, the Nutrient Offset
Payments Rule - (Information Item) (Tom Reeder)
DWQ staff will update the WQC on the latest activities regarding the introduction of
legislation, Senate Bill 1862, 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 (attachments enclosed:
Senate Bill 1862 and Proposed Nutrient Offsets Payment Rule).
9. Review of Letter from Marine Fisheries Commission Requesting Modification of
Coastal Stormwater Rules - (Information Item) (Tom Reeder)
DWQ staff will review a letter submitted from the Marine Fisheries Commission
(MFC) to the Water Quality Committee requesting that the WQC and EMC initiate
rulemaking action to amend the Coastal Stormwater Rules contained in 15A NCAC 2H
.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 (attachment enclosed: North Carolina Marine Fisheries Commission
letter regarding North Carolina's coastal Stormwater rules -pages 1 and 2).
Closing Comments Chairman Peterson
This agenda is available on the Internet at
http://h2o.enr.state.nc.us/admin/emc/2006/EMCAgenda2006.htm