The Future of Sustainable Water Initiatives in North Carolina PENC Engineering Leadership Conference Tuesday, December 2, 2013 Donald L. Safrit, P.E., President Secure Resources, PLLC

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Secure Water for the Future of NC People Jobs Maintain or Improve Our Standard of Living –Home / Community –Workplace –Recreation / Environment

Where we have come from and where we want to go The Past The Future

Planet Earth - 7,100,000,000 and counting… United States - 317,000,000 and counting… North Carolina - 9,750,000 and counting…

Proactive vs Reactive Population Demands Droughts / Floods / Storage Water Allocation Energy –Coal Fired Power Plants –Shale Gas Extraction –Renewables

Competition vs Collaboration

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Statutes & Regulations Statues (laws) are set by the NC General Assembly Regulations are formulated by the various agencies and commissions Regulations must “circle back” through the NC General Assembly for final approval

Policy & Procedures Implementation of laws and regulations May be written or just interpretations May change from one region to another May change from time to time “Moving Target”

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Recommendations Lack of sufficient water storage Permitting of surface water reservoirs –Identification of existing quarries (or abandoned) for permitting –Identification of areas of the state that may be suitable for reservoirs

Recommendations Aquifer Storage & Recovery (ASRs) – Potable Water Aquifer Storage & Recovery (ASRs) – Reclaimed Water Aquifer Protection Barriers – Salinity or other potential freshwater impacts

Recommendations

Align groundwater standards with drinking water standards for Aquifer Storage purposes

Recommendations Aquifer Recharge (High Rate / Slow Rate / Reclaimed Water) Potable Reuse (Direct and Indirect) Interbasin Transfer (IBTs)

Recommendations Allow consideration of reclaimed water as a potable water supply (planned indirect or direct)

Regulatory Reform Risk Based; Science Based Laws & Regulations Greater use of General Permits Greater use of permitting by regulation Elimination of State Environmental Policy Act (SEPA) H74 Environmental Amends / Regulatory Reform (Periodic Review of Regulations)

Other initiatives Engineers Certifications of Projects Eliminate regulatory review of engineering plans and specifications; systems required to comply with performance based objectives; let the engineering community decide the best way to achieve goals.

Other initiatives Shale Gas Extraction Collaborations and support to enable reasonable oversight to balance resource development, job creation, protection of the environment and public welfare.

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Presentation Outline Drivers for change Statutory, regulatory, policy and procedures Specific water policy aspects Implementation and adaptive management Questions & discussions

Case Study – Coastal Stormwater Rules / Policies Years of conflict between DWQ and consultants Concerns about Minimum Design Manual –“Sprit and intent” –“Moving targets” –Interpretations from Neuse / Tar-Pam buffer programs Convening of Subject Matter Experts

Case Study – Coastal Stormwater Rules / Policies Identification of conflict topics –Effective infiltration –Depth of wet ponds –Seasonal high water table separations –SCS Method vs Simple Method for runoff –Diffuse flow Concerns about Minimum Design Manual Convening of “subject matter experts”

Case Study – Coastal Stormwater Rules / Policies Statutory vs Regulatory vs Policy H480 – Fast Track Permitting –Minimum Design Criteria –Technical Working Group –Report to the Environmental Review Commission (ERC) by September 1, 2014 –Environmental Management Commission (EMC) adopt rules by July 1, 2016

Adaptive Management Process Approved Rules to General Assembly Current Rules & Design Manual Revisions to Current Rules & Design Manual Rule Revisions to Rules Review Commission Rule Revisions to EMC (plus any suggested legislation) Rules Design Manual MDC Stakeholders Group

Finding the Balance

Questions?