Water Resources Update Water Quality Workshop April 1, 2015

Overview DWR Reorganization 2015 Priorities o Triennial Review Update o Nutrient Criteria Development Plan o E-DMR Update o Water Availability / Hydrologic Modeling o Integrated Water Quality – Water Quantity Planning Implementing Recent Legislation o Rules Review Under HB 74 o Coal Ash

Reorganization of DWR & DWQ DWR consolidated with old DWQ on August 1, 2013 Total personnel:  August 1, positions  July 1, positions  January 1, positions Personnel distribution:  Central Office  Asheville Reg. Office  Washington Reg. Office  Fayetteville Reg. Office  Mooresville Reg. Office  Raleigh Reg. Office  Wilmington Reg. Office  Winston-Salem Reg. Office

Division of Water Resources

2015 Priorities Triennial Review Update Adoption of dissolved metals criterion – Represents more toxic fraction – Less conservative than current use of total metals Hardness-dependent metals equation – Allow use of median hardness to calculate permit limits – Provides greater flexibility – Permittees benefit from localized, site-specific adjustments Addition of acute standards – Clarity in our assessments of impaired waters

Triennial Review Update Addition of streamlined site-specific criteria – Use of Water Effects Ratio Retain action level for copper, silver, and zinc Eliminate manganese standard from WS-I – WS-V Rules Retain existing chlorophyll a standard

Triennial Review Schedule November 2014 – Hearing Officer’s Report to EMC Late 2014 – Early 2015 – Rules Review Commission 2015 – State Adoption Package to EPA for Approval

Nutrient Criteria Development Plan NC & EPA reached “mutual agreement” on exisiting nutrient plan in June 2014 o Plan includes milestones through 2025 Does not commit NC to developing one standard for all of NC for nitrogen and phosphorous o Allows NC to develop standards regionally Standards developed through o Stakeholder process o Advice from a Science Advisory Council (SAC) o Advice from a Criteria Implementation Committee (CIC)

Nutrient Criteria Development Plan Process begins on 3 representative waterbody types o High Rock Lake (Lakes & Reservoirs) o Central portion of the Cape Fear (Rivers & Streams) o Albemarle Sound (Estuaries & Sounds) Waters with existing nutrient strategies will not be revisited under this plan

EPA’s Proposed Electronic Reporting Rule Published July 30, 2013 Requires entities to submit reports electronically EPA anticipates issuing the final rule in early 2015 Two-Phase Implementation Plan: electronically report o DMR data 1-year after rule’s effective date o Other required reports 2-years after rule’s effective date Entities report to DWR if >90% participation is achieved DWR’s eDMR Participation Rate: o 1 st QTR 2014 = 0.7% o 2 nd QTR 2014 = 7.6% o 3 rd QTR 2014 = 9.3%

Basin Hydrologic Models Model Year Completed Shortage? Broad2011 None Tar2011 None Catawba2014 Under Review Roanoke2013 None Cape Fear - Neuse combined2013 Raleigh Yadkin Pee Dee, Lumber2015 N/A French Broad, Hiwassee, Little Tennessee, Watauga2016 N/A Albemarle Sound, Chowan, New, Onslow Bay, Savannah2017 N/A Shortages are based on the projected demands and new alternatives as supplied in the local water supply plans. DWR staff for this analysis has not made a determination if the projections are reasonable or the likelihood that an alternative is practical.

Is NC Prepared for the Next Drought? NC Drought Management Advisory Council o Improve coordination, provide accurate and consistent information, based on technical data to address varying conditions in designated areas Water Use During Drought Rules o Minimize harmful impacts of drought by establishing min. standards and practices for water use Water Shortage Response Planning o Establishes authority for declaration of a water shortage, defines different stages and outlines appropriate responses for each stage o DWR approved 550 of 561 WSRPs 13

Integrated Water Quality & Quantity Planning Knowing the location and quantity of North Carolina’s surface and groundwater resources, as contrasted with surface and groundwater quality, will aid the state in applying best conservation management practices at a local, regional and state level. The integrated approach helps logically bridge the work of other DWR Sections with each other so that water resources evaluation and assessment within North Carolina is much, much more seamless, and water resource operations more efficient. The new relationship between water quality and NPDES facilities and water quantity and NPDES facilities, will expedite consideration of water reuse applications as part of a comprehensive water resources conservation package. This integration provides DWR end users with “better, faster, cheaper” data and answers to water resources questions, and will help to establish North Carolina’s water security which will only help the state’s economy grow.

Implementing Recent Legislation Rules Review Under HB 74 Coal Ash o Executive Order 62 and SL

Rule Citation Rule Title Initial Determination 15A NCAC 02B Surface Water and Wetland Standards Necessary with substantive public interest 15A NCAC 02H Procedures for Permits: Approvals Necessary with substantive public interest 15A NCAC 02T Waste Not Discharged to Surface Waters Necessary with substantive public interest 15A NCAC 02U Reclaimed WaterNecessary with substantive public interest 15A NCAC 18D Water Treatment Facility Operators Comment Period 9/18/2014 to 11/23/2014 Necessary with and (some) w/o substantive public interest 15A NCAC 08 Water Pollution Control System Operators Certification Commission Comment Period 7/15/2014 to 9/25/2014 Necessary with and (some) w/o substantive public interest RULES REVIEW STATUS: EMC Approved reports on 2B, 2H, 2T, 2U (Sep 2014) Rules Review Commission (Oct 16, 2014) Joint Legislative Administrative Procedure Oversight Committee (for 60 days following Oct RRC), then FINAL. Rule Drafting (now). Stakeholder meetings (early 2015). Rule Re-adoptions (begin in 2015). Follow APA process.

Coal Ash Executive Order 62 and SL (Coal Ash Management Act) provided direction regarding DENR’s response to coal ash Approximately 107,889,000 million tons of coal ash exist * Annual Coal Ash Report to the General Assembly October 1, 2014 Located in 32 ash ponds at 14 facilities DENR required to develop proposed prioritization list by December 2015

Coal Ash – Current Deadlines Groundwater assessment plans due for all facilities by Sept 26 – All plans received and approved Receptor survey due October 1 – Completed o Wells within 1000 ft radius sampled Plan to identify new seeps due October 1 - Completed Request for modification of NPDES Permits due Oct 31 Excavation Plans due Nov 15 (completed) for: o RiverbendAshevilleSuttonDan River Development of proposed prioritization list by December 2015

Coal Ash Permitting Modification of NPDES Permits for all 14 coal ash facilities – underway o Public hearings scheduled for April 8, James Warner Citizen Center, 115 W. Main St., Lincolnton, N.C o Allen o Marshall o Riverbend

Coal Ash Reuse Green Meadow, LLC and Charah, Inc. applied to DENR in the fall to take coal ash and reuse the ash to reclaim open-pit clay mines Locations are near Moncure (Brickhaven Mine in Chatham County) and a second site in Sanford (Colon Mine in Lee County).

Coal Ash Reuse Public Hearing – Sanford o April 13 - Dennis A. Wicker Civic Center, 1801 Nash St., Sanford Coal Ash Reuse Public Hearing - Pittsboro o April 16 - Chatham County Historic Courthouse, 40 East Chatham St., Pittsboro

Contact Information S. Jay Zimmerman Director, NC Division of Water Resources