NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina May 14, 2009 9:00 AM 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. Stephen T. Smith, Chairman, Presiding I. Preliminary Matters 1. 2. 3. 4. II. Call to Order Approval of minutes from the March 12, 2009 Commission Meeting Summary of Approval Documents Revisions or Additions to the Agenda
Action Items
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
1. 09-21 Petition for Declaratory Ruling on Jordan Lake Water Supply Watershed Boundary Determination (DWQ) Julie Ventaloro Attachment A – DWQ Response/Recommendation Attachment B – Durham Request Approval v2 Attachment C – DWQ Additional Information Request v2 Attachment D – Approved Map v2 Attachment E – Durham Letter to DWQ June 8 v2 Attachment F – Rules and Statutes v2 Attachment G – Intervenor Motions and Supporting Affidavits Attachment H – Chairman Smith Recommendation Memo dtd 4-20-09 p1
pp A1-13 pp B1-7 pp C1-5 pp D1-1 pp E1-5 pp F1-10 pp G1-72 pp H1-2
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2.
09-22
Request for Declaratory Ruling by Renee Scheidt Melton on Validity and Applicability of Open Burning, Nuisance: 15A NCAC 2D .1901, .1902(11), .1903(b)(1)(E) (AG) Frank Crawley Attachment A - Complaint Investigation Rpt 12-08-08 Attachment B - Dr Finks Ltr 12-01-08 Attachment C - DAQ Advisory Ltr to Meltons 12-18-08 Attachment D - Request for Declaratory Ruling 2-10-09 Attachment E - Ltr Scheidt to DAQ 2-13-09 Attachment F - Ltr Scheidt to DAQ 2-16-09 Attachment G – Ltrs Chairman Smith to DAQ BeaverFink 3-4-09 Attachment H - Beaver Resp. 3-23-09 Attachment I - DAQ Response 3-23-09 Attachment J - G Beaver Response 3-19-09 Attachment K - 15A NCAC 2D 1901-1903 Attachment L – Chairman Smith Recommendation Memo to the EMC 4-1-09
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pp A1-2 p B1 pp C1-2 pp D1-6 p E1 p F1 pp G1-3 pp H1-5 pp I1-10 pp J1-3 pp K1-6 p L1
3.
09-23
Request for Non-Binding Interpretive Ruling - Longview South Development (DWQ) Bradley Bennett Attachment 1 -EMC's March 2007 Final Agency Decision Attachment 2 - Session Law 2006-246 - Phase 2 Stormwater Management Attachment 3 - 2005 Cover Letter for Issuance of Village Attachment 4 - 2007 Request from Village of Marvin to Rescind Their Permit Attachment 5 - Supplemental Information to the Village of Marvin Attachment 6 - September 2007 Letter from the US Fish and Wildlife Service to the Village of Marvin Attachment 7 - Letter Req Non-Binding Interpretive Ruling from Moore and VanAllen McGrath Cover Letter dtd 4-22-09 Attachments Attachment A - Copy of Site Sketch Plan Attachment B - Preliminary Construction Plat Attachment C - Approval by Division of Land Resources and DOT Attachment D - Stormwater Controls 2
pp 1-3
pp 4-41 pp 42-66 pp 67-69 pp 70-73 pp 74-84 pp 85-90 pp 91-94
pp 1-3
p A1 p B1 pp C1-5 pp D1-249
Attachment E - Plan to Water and Sanitary Sewerage Sys Improvement Attachment F - letter 03 Mar 08 from DWQ Attachment G - Letter 11-07-07 from Stantec Attachment H - Letter 10-18-06 Endangered Species Survey Southern Environmental Law Center Letter dtd 5-13-09 4. 09-24 Hearing Officer's Report on Amendments to the Annual Emissions Reporting Rule to add GHG's (DAQ) Mike Abraczinkas/Marion Deerhake/Steven Weber Attachment A – Hearing Officer’s Report Attachment B - GHG Rule Compare 2 5. 09-25 Hearing Officer's Report on the Modification of the Exemption of Combustion Sources in the Air Toxics Rules (DAQ) (Mike Abraczinkas/Marion Deerhake/Steven Weber) Attachment A – Hearing Officer’s Report Final 6. 09-26 Withdrawal of Amendments to the Municipal Waste Combustor Rules (DAQ) Mike Abraczinkas Proposed Reclassification of Horsepasture River in Jackson and Transylvania Counties (Savannah River Drainage Area) to Class Outstanding Resource Waters with a Special Management Strategy (DWQ) Rob Krebs Attachment A – Addendum 2 to Report of Proceedings
p E1 pp F1-6 p G1 pp H1-7
pp 1-4 p1
p A1-63 p B1-22 p1
p A1-395 pp 1-3
7.
09-27
pp 1-2
pp A1-117
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
8. 09-28 Request Approval of the Neuse River Basinwide Water Quality Plan (DWQ) Nora Deamer Attachment A – Neuse River Basinwide Plan Attachment B – 2009 Neuse River Action Plan Attachment C – Public Comments p1
pp A1-692 pp B1-4 pp C1-39
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9.
09-29
Request for Approval to take the Greenville Utility Commission IBT Petition to Public Hearing (DWR) Steve Reed Attachment A – Greenville IBT Fact Sheet Attachment B – Greenville Utilities Commission Petition
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pp A1-2 pp B1-115
III.
Information Item 1. 09-02 Update on the Proposed Revisions of the Well Construction Rules, 15A NCAC 2C .0100 p1
(DWQ) Ted Bush IV. Continuing Education 1. Overview of the UST Program (UST) Grover Nicholson pp 1-33
V.
Contested Cases 1. 09-30 Presentation of Administrative Law Judge's Recommended Decision, Jackie Lee Williams v. DENR, DAQ, 08 EHR 2466, DAQ 08-195, Robeson County Freedman Farms, (AG) Frank Crawley Attachment A - Official Record Attachment B – Transcript Attachment C – Witness Stand Exhibits p1
pp A1-52 pp B1-85 pp C1-25
VI. Status Report by EMC Committee Chairmen a. b. c. d. e. f. g. Water Allocation Committee Water Quality Committee Groundwater Committee Air Quality Committee Steering Committee NPDES Committee Renewable Energy Committee
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VII. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG005-14-09
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