Department of Environmental Quality

1. Regulatory Updates from the Division of Energy, Mineral, and Land Resources Department of Environmental Quality March 28, 2017

2. Presentation Overview • DEMLR Organization • Pending Bills Affecting DEMLR Programs • Governor Cooper’s Proposed Budget Department of Environmental Quality

3. Division of Energy, Mineral, and Land Resources

4. DEMLR Full Time Equivalent Positions

5. Pending Legislation Affecting DEMLR Programs Senate Bill 131 – Regulatory Reform Act of 2016 and 2017 • Proposes additional exemptions from Built Upon Area and stormwater management requirements by adding landscaping materials (gravel, mulch, sand, vegetation) “placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking lots that will not receive full weight of vehicular traffic.” • Original bill also included a provision on who may apply for fast track stormwater permitting (broader list of professions than those adopted by the EMC in their amended rules that became effective 1/1/2017) • DEQ/DEMLR was able to get the fast track permitting provision removed by the Senate but not the BUA exemption language • DEQ/DEMLR has worked with the House to get the BUA exemption language clarified in the March 23 PCS bill version as follows: “…or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.” Department of Environmental Quality

6. Pending Legislation Affecting DEMLR Programs Senate Bill 131 – Regulatory Reform Act of 2016 and 2017 (Continued) • Unfortunately, two other provisions were added back into the bill from last year’s proposed regulatory reform bill: • Stormwater control for private driveways that connect to DOT will be handled by NCDOT under its stormwater control program • DWR is prohibited from requiring stormwater control measures as part of its 401 permit process • Bill proposes to consolidate or eliminate several legislative reports that take up staff time but provide limited to no benefit, or are covered in other required reports – DEMLR supports these provisions Department of Environmental Quality

7. Pending Legislation Affecting DEMLR Programs House Bill 56 – Amend Environmental Laws • Initial provision concerns DEMLR’s Emergency Action Plan (EAP) requirements under the NC Dam Safety Law – clarifies that the Department will determine when a dam owner must have a professional engineer prepare its inundation map as part of the EAP • DEMLR has proposed several changes to the other portions of the existing EAP provision to more clearly reflect the dam owner’s responsibilities as part of the EAP/during dam emergencies as well as clarifications on the EAP review/approval process by DEQ in coordination with DPS-Division of Emergency Management • Yet to be heard in committee Department of Environmental Quality

8. Pending Legislation Affecting DEMLR Programs Senate Bill 107 – Exemptions for Dam Removal • Exempts all dam removals that are not flood control/NRCS dams or FERC regulated hydroelectric dams from review by DEMLR under the NC Dam Safety Law - as long as their removal is designed by a PE (includes other agency exemptions as well) • Requires all dam owners to have annual PE inspections and changes the method for measuring all dams to determine if they are jurisdictional • DEMLR met with American Rivers and the bill sponsor to convey concerns with the bill and offered language to qualify the following provisions: • narrow the focus of the exemption to just run-of-river and mill pond dams that are low and intermediate hazard if the removal is designed and overseen by a PE with certain notifications given to DEMLR • dams that are high hazard would be jurisdictional and require DEMLR review/approval due to potential loss of life • if jurisdictional measurement method to change, restrict it to only ROR and MP dams (measure from lowest point on crest to lowest point on downstream toe) while keeping the current method in place for all other dams (measure from highest point on crest) • Yet to be heard in committee Department of Environmental Quality

9. Past Legislative Changes North Carolina Farm Act of 2016 (SL 2016-113, Senate Bill 770) • Amended the SPCA to add a new exemption under NCGS 113A-52.01(1): This Article shall not apply to the following land-disturbing activities: (1) Activities, including the breeding and grazing of livestock,production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: a. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. b. Dairy animals and dairy products. c. Poultry and poultry products. d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. e. Bees and apiary products. f. Fur producing animals. g. Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. Department of Environmental Quality

10. Governor’s Proposed Budget • Additional Resources for Dam Safety: Four permanent FTEs ($336,115) to conduct initial review and annual updates of Emergency Action Plans and associated dam safety inspections for all high and intermediate hazard dams as required by SL 2014-122 • Expand Sediment Control Capacity: Five permanent FTEs ($500,000) the first year and five more added the second year ($1,000,000 and 10 FTEs total) to provide more timely assistance to customers, quicker response to complaints and environmental issues, and increase frequency of inspections • Improve Service in Mining Program: Four permanent FTEs ($365,000) to provide more timely permit review and technical assistance • NEXT STEP: These and other provisions recommended by the Governor will be considered by both the Senate and House in preparation of their budgets (some components may or may not be included) Department of Environmental Quality

11. Tracy E. Davis, PE, CPM Director Division of Energy, Mineral, and Land Resources