NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION

512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina

November 10, 2016
9:00 a.m.

General Statute § 138A-15 mandates that the Chairman inquire 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 a conflict, please so state at this time.

Steve J. Rowlan, Chairman, Presiding

I. Preliminary Matters

1. Call to Order

2. Approval of minutes from Commission meeting on September 8, 2016 (attached)

II. Action Items

1. 16-51Stormwater Rules Section 15A NCAC 2H .1000 – Request to Adopt Revisions in Response to RRC Objection
(DEMLR) Annette Lucas

POWERPOINT PRESENTATION

Attachment A– RRC Objection Licensed Professional

Attachment B – Objected 2H Rules

Attachment C – Fact Sheet on 2H Stormwater Rules

  1. 16-52Request Approval to Proceed to Public Comment with the “Initial Determinations” for the Dam Safety Rules (15A NCAC 02K) as Required in HB 74 and GS 150B
    (DEMLR) Boyd DeVane

POWERPOINT PRESENTATION

Attachment A – Initial Determinations

Attachment B - Copy of 2K Rules

  1. 16-53Request Approval of Falls and Jordan Nutrient Rulemaking Group Required Under S.L. 2016-94
    (DWR) John Huisman

POWERPOINT PRESENTATION
Attachment A–SL 2016-94 Rulemaking Stakeholder Group
Attachment B – SL 2016-94 Nutrient Strategies Language

4.16-54Request to Proceed to Public Comment and Hearing and Approval of Fiscal Note for
Rule Changes to 15A NCAC 13B .0840 Rule
(DWM) Tony Gallagher

POWERPOINT PRESENTATION

Attachment A – Amendments to Rule 15A NCAC 13B .0840 Sampling and Analysis
Attachment B – Fiscal Note

5.16-55Request to Proceed to Public Comment and Hearing and Approval of Fiscal Note with New 15A NCAC 13B .2000 Rules for Coal Combustion Residuals
(DWM) Ellen Lorscheider

Attachment A – 15A NCAC 13B .2000 Draft without Groundwater Standards

Attachment B– 15A NCAC 13B .2000 Draft with 2L Standards

6.16-56Request Approval to Send the Commission and Department Basinwide Water Quality Management Plans Annual Report per GS 143-215B (d) to the ERC
(DWR) Ian McMillian

POWERPOINT PRESENTATION

Attachment A- Water Quality 2016 Basin Planning Status to ERC

7.16-57 Request Approval to Engage Settlement Process for Union County Application for Interbasin Transfer Certificate and to Delegate the Appointment of a Mediation Officer
Deputy General Counsel Craig Bromby

Attachment A – IBT Settlement Process Guidance

8.16-58 Action on Rules Review Commission’s Objection to 15A NCAC 2I .0501
Deputy General Counsel Craig Bromby

Attachment A – 15A NCAC 02I .0501 adopted September 2016

Attachment B - 15A NCAC 02I .0501 revised for Rules Review Commission (RRC)

Attachment C - RRC Staff Opinion

III. Information Items

  1. 16-03Neuse, Tar-Pamlico and Falls Lake Annual Agriculture Progress Reports
    (DWR) Jim Hawhee
    POWERPOINT PRESENTATION
    Attachment A – Final Neuse CY2025 Annual Report
    Attachment B – Final Tar-Pam CY2015 Annual Report
    Attachment C – Final Falls Lake Ag Report CY2015
    Attachment D – Final DWR Falls Ag Stage I Report
  1. 16-04 Request Final Decision on Local Government Buffer Ordinance Applications per HB44 (SL 2015-246)

Attachment A– Town of Cary
Attachment B– Wake County
Attachment C– Orange County
Attachment D – Town of Carrboro

Attachment E – Letter to EMC: Riparian Buffers
Attachment F – Letters to the Local Governments
2016 10 27 Letter to Cary, Riparian Buffers
2016 10 27 Letter to Wake County, Riparian Buffers
2016 10 27 Letter to Orange County, Riparian Buffers
2016 10 27 Letter to Town of Carrboro, Riparian Buffers

IV.Concluding Remarks

By Committee Chairs
By Directors (Directors’ Comments)
By Commission Members
By Counsel
By Chairman

Adjournment 11-10-16

Page 1 of 4

Rev. Nov. 2016