NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina December 3, 2012 11:00 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. Stephen T. Smith, Chairman, Presiding I.
Preliminary Matters 1.
II.
Call to Order
Action Items
12-41
Request for Declaratory Ruling Cape Fear River Watch, Sierra Club, Waterkeeper Alliance, and Western North Carolina Alliance (AG) Frank Crawley (Filings from the November 8, 2012 EMC Meeting) Attachment A – Petitioner’s Motion for Declaratory Ruling Attachment B – Request for Declaratory Ruling Supplement with enclosures Attachment C – Petitioner’s Memorandum in Support of December Ruling Attachment D – Motion to Intervene Attachment E – Memorandum Supporting Denial of the Request for Declaratory Ruling Attachment F – Petition for Declaratory Ruling Factual Stipulations Attachment G – DWQ Attachment No. 1 Facilities List (an attachment to the Stipulations) Attachment H – Response of NCDENR, DWQ in Opposition to Petitioners’ Request for a Declaratory Ruling
Page 1 of 3
pp A1-460 pp B1-15 pp C1-15 pp D1-4 pp E1-9 pp F1-6 p G1 pp H1-9
(Current Filings) (SELC) D. J. Gerken (for Petitioners) - POWERPOINT PRESENTATION EMC Supplement Letter 11-27-12
pp 1-2
Attachment A – 1984 2L Rules Attachment B – Internal DENR Emails (2009) Attachment C – Internal DWQ Emails (2009) Attachment D – DOJ-DENR Email Exchange (2009) Attachment E – DENR Draft Memo Re: DWQ Approach to Coal Ash Ponds (2009)
pp A1-5 pp B1-4 p C1 pp D1-5 pp E1-2
(AG) Kathy Cooper/Don Laton (for DWQ) - POWERPOINT PRESENTATION Attachment A – Brief of DENR, DWQ on the Merits of Petitioners’ Request for Declaratory Ruling Attachment B – Exhibit List Exhibit A – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - June 10, 1979 Exhibit B – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - 11/08/83 Exhibit C – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - Fall 1984 Exhibit D – Hearing Officer’s Report & Recommendation Exhibit E – Notice of Hearing Exhibit F – G/W Standards & Classifications – 3/13/1984 Exhibit G – NCAC Title 15 Subchapter 2L Classifications & WQ Standards – Current through 12/14/1989 Exhibit H – Table of Contents Subchapter 2L G/W Classifications & Standards Exhibit I – Summary and Recommendations of the Hearing Officers Exhibit J – NCAC Title 15A Subchapter 2L Classifications & WQ Standards – Current through 11/8/1993 Exhibit K – Affidavit of S. Jay Zimmerman
pp A1-23 p B1 pp Exi A1-10 pp Exi B1-16 pp Exi C1-19 pp Exi D1-9 p Exi E1 pp Exi F1-17 pp Exi G1-16 pp Exi H1-17 pp Exi I1-2 pp Exi J1-50 pp Exi K1-5
(Duke Energy) Charles Case Memo Submitted on Behalf of Intervenors
pp 1-23
Attachment A – Affidavit of Jeffrey J. Lyash pp A1-4 Attachment B - Letter from Ellis Hankins, Executive Director pp B1-2 for the North Carolina League of Municipalities Attachment C - Letter from S. Lewis Ebert, President and pp C1-2 CEO for the North Carolina Chamber
Page 2 of 3
Attachment D - Letter from A. Preston Howard, Jr., P.E., President of the Manufacturers and Chemical Industry Council of North Carolina Attachment E - Letter from J. Russell Allen, Manager for the City of Raleigh Attachment F – Letter from Larry B. Wooten, President of the North Carolina Farm Bureau Federation, Inc. Attachment G - Letter from Deborah M. Johnson, Chief Executive for the North Carolina Pork Council, Inc. III. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG012-03-12
Page 3 of 3
pp D1-3
pp E1-3 pp F1-2 pp G1-2
Preliminary Matters 1.
II.
Call to Order
Action Items
12-41
Request for Declaratory Ruling Cape Fear River Watch, Sierra Club, Waterkeeper Alliance, and Western North Carolina Alliance (AG) Frank Crawley (Filings from the November 8, 2012 EMC Meeting) Attachment A – Petitioner’s Motion for Declaratory Ruling Attachment B – Request for Declaratory Ruling Supplement with enclosures Attachment C – Petitioner’s Memorandum in Support of December Ruling Attachment D – Motion to Intervene Attachment E – Memorandum Supporting Denial of the Request for Declaratory Ruling Attachment F – Petition for Declaratory Ruling Factual Stipulations Attachment G – DWQ Attachment No. 1 Facilities List (an attachment to the Stipulations) Attachment H – Response of NCDENR, DWQ in Opposition to Petitioners’ Request for a Declaratory Ruling
Page 1 of 3
pp A1-460 pp B1-15 pp C1-15 pp D1-4 pp E1-9 pp F1-6 p G1 pp H1-9
(Current Filings) (SELC) D. J. Gerken (for Petitioners) - POWERPOINT PRESENTATION EMC Supplement Letter 11-27-12
pp 1-2
Attachment A – 1984 2L Rules Attachment B – Internal DENR Emails (2009) Attachment C – Internal DWQ Emails (2009) Attachment D – DOJ-DENR Email Exchange (2009) Attachment E – DENR Draft Memo Re: DWQ Approach to Coal Ash Ponds (2009)
pp A1-5 pp B1-4 p C1 pp D1-5 pp E1-2
(AG) Kathy Cooper/Don Laton (for DWQ) - POWERPOINT PRESENTATION Attachment A – Brief of DENR, DWQ on the Merits of Petitioners’ Request for Declaratory Ruling Attachment B – Exhibit List Exhibit A – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - June 10, 1979 Exhibit B – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - 11/08/83 Exhibit C – NCAC Title 15 Subchapter 2L G/W Classifications & Standards - Fall 1984 Exhibit D – Hearing Officer’s Report & Recommendation Exhibit E – Notice of Hearing Exhibit F – G/W Standards & Classifications – 3/13/1984 Exhibit G – NCAC Title 15 Subchapter 2L Classifications & WQ Standards – Current through 12/14/1989 Exhibit H – Table of Contents Subchapter 2L G/W Classifications & Standards Exhibit I – Summary and Recommendations of the Hearing Officers Exhibit J – NCAC Title 15A Subchapter 2L Classifications & WQ Standards – Current through 11/8/1993 Exhibit K – Affidavit of S. Jay Zimmerman
pp A1-23 p B1 pp Exi A1-10 pp Exi B1-16 pp Exi C1-19 pp Exi D1-9 p Exi E1 pp Exi F1-17 pp Exi G1-16 pp Exi H1-17 pp Exi I1-2 pp Exi J1-50 pp Exi K1-5
(Duke Energy) Charles Case Memo Submitted on Behalf of Intervenors
pp 1-23
Attachment A – Affidavit of Jeffrey J. Lyash pp A1-4 Attachment B - Letter from Ellis Hankins, Executive Director pp B1-2 for the North Carolina League of Municipalities Attachment C - Letter from S. Lewis Ebert, President and pp C1-2 CEO for the North Carolina Chamber
Page 2 of 3
Attachment D - Letter from A. Preston Howard, Jr., P.E., President of the Manufacturers and Chemical Industry Council of North Carolina Attachment E - Letter from J. Russell Allen, Manager for the City of Raleigh Attachment F – Letter from Larry B. Wooten, President of the North Carolina Farm Bureau Federation, Inc. Attachment G - Letter from Deborah M. Johnson, Chief Executive for the North Carolina Pork Council, Inc. III. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG012-03-12
Page 3 of 3
pp D1-3
pp E1-3 pp F1-2 pp G1-2
