1. Overview of the Division of Energy, Mineral, and Land Resources Presented By: Tracy E. Davis, PE, CPM Director, DEMLR September 12, 2013

3. Land Quality Section

4. Land Quality Section
Permitting, Technical Assistance, Inspections, Enforcement
Dam Safety Program- Steve McEvoy, PE, State Dam Safety Engineer
Mining Program – Janet Boyer, PE, State Mining Specialist
Sediment Control Program – Gray Hauser, PE, State Sediment Specialist
Stormwater Program – Bradley Bennett, Stormwater Program Supervisor (effective August 1, 2013)
Energy Program – Walt Haven, PG, Energy Program Supervisor

5. Land Quality Section
All regional office staff crossed trained in Sedimentation and Erosion Control, Mining/Reclamation, and Dam Safety (with efforts underway to incorporate Stormwater requirements)

8. Regional Offices

9. Dam Safety Program

10. Dam Safety Program
Mission: To prevent property damage, personal injury and loss of life from the failure of dams.
4,161 dams under jurisdiction of NC Dam Safety Law
1,127 High Hazard Dams
Emphasis on Emergency Action Plans
Pursuant to HG 119, approximately 2,000 low and intermediate hazard dams may be found non-jurisdictional

11. Dams Types
Yates Millpond Dam – Wake County (Masonry dam and historical landmark)
Waynesville Water Supply Dam (Rock Filled Dam)

12. Dam Types Majority of the Dams in North Carolina are Earthen Dams
Safe if properly designed, constructed, and maintained
Designed so as not to overtop

13. Dam Failures Hope Mills Dam Failure Spring 2003 – Cumberland County
Hope Mills Dam Failure Summer 2010 – Cumberland County

15. Jurisdictional Dams
If the dam is 25 (formerly 15) feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe, and
If the dam has an impoundment capacity of 50 (formerly 10) acre-feet or greater at crest of dam elevation

16. Dam Safety Program – staffing level
18.02 FTEs Total
8.84 FTE’s in Central Office, 9.18 FTE’s spread across 7 regional offices

17. Hazard Potential Classifications Definition
Hazard Potential means the probable damage that would occur if the structure failed, in terms of loss of human life and economic loss or environmental damage

18. Hazard Potential Classifications
Low (Class A) – No loss of life or significant property damage expected.
Intermediate (Class B) – No loss of life expected but may cause significant property damage, damage to lesser highways or interruption of public utility service.
High (Class C) – Loss of life possible, severe property damage, damage to primary highways or major interruption of public utility service probable.
Waste treatment and mine refuse dams may be classified A, B, or C based on extent of environmental damage possible.

19. Mining Program

20. Mining Program
Mission: To provide for the mining of mineral resources while ensuring the usefulness, productivity and scenic value of all lands and waters of our State.
866 permitted mines statewide
Minimum of one inspection / mine per year required

21. Crushed Stone Mines

22. Mining Program – staffing level
9.86 FTE’s Total
5.16 FTE’s in Central Office, 4.7 FTE’s spread across 7 regional offices

23. Mining Statistics (for 2012)
866 permitted active/inactive mines
132,033 total acres permitted
74,868 total acres bonded/approved to be affected (57%)
54,323 total acres currently affected (41%)

24. Mining Statistics – permits by commodity
17% Crushed Stone (147 mines)
68% Sand & Gravel (587 mines)
4% Brick Clay (38 mines)
5% In stream Sand Dipping/Dredging (43 mines)
1% Dimension Stone (10 mines)
5% Other (41 mines – flagstone, feldspar, gemstones, mica, olivine, peat, phosphate and /)
No active / inactive coal, gold or talc mines in NC

26. Sediment Program (and Stormwater Program)

27. Sediment Control Program
Mission: To allow development within our State while preventing pollution by sedimentation.
Covers all land disturbing activities except agriculture and mining (conditional forestry exemption)

28. Cornerstones of the Program
Erosion and Sedimentation Control Plan Approval
Implementation of the Approved Plan
Buffer Zones for Streams and Lakes
Prevention of Sedimentation Damage
Establishment of Ground Cover

29. Sedimentation Program Activities
Permitting (E&SC Plan Reviews)
Compliance Inspections
Staff to Sedimentation Control Commission
Delegation to Local Governments and DOT
Educational Outreach
Technical Advisory Committee
Development of Design Criteria
Integration of E&SC Plan Approvals and Construction Stormwater Permits, including combined inspection reports, self inspection forms and correspondence (underway)

30. Erosion and Sedimentation Control Plan Reviews FY 2012-2013
2,037 new projects
2,871 plan reviews (new and revised)
24,495 acres approved for land-disturbance (FY 11-12)

31. Compliance Activities FY 2012-2013
15,289 sedimentation inspections
195 notices of violation
6 enforcement case referrals

32. Delegation to NC DOT
Allows Roadside Environmental Unit to review E & S C Plans within NC DOT
Land Quality reviews NC DOT program and reports to Commission annually
Land Quality and NC DOT coordinate improving E & S C measures and procedures

33. Annual Review of NC DOT Projects

34. Delegation to Local Governments
Sedimentation Control Commission has delegated authority to 52 county or municipal governments
More local program inspectors than Land Quality inspectors
Annual workshop provided to local programs
Land Quality reviews local programs and reports to Commission

35. Educational Outreach Publications Workshops School and Civic Groups
Manuals
Sediments Newsletter
Workshops
Local Programs
E & S C Plan Design
School and Civic Groups
Enviroscape
Erosion Patrol

36. Technical Advisory Committee
Technical recommendations to the SCC
Review design criteria for E&SC measures
Review revisions to the Sedimentation and Erosion Control Planning and Design Manual

37. Integration of E&SC/Construction Stormwater Within Land Quality Section
Coverage under NPDES General Construction Stormwater Permit provided when E&SC Plan approved.
One inspector will visit project to determine compliance with both approvals: one insp. report (underway)
Coordinated enforcement activities – combined NOV (underway)
DWR and DEMLR jointly require and approve sedimentation damage restoration plans.

38. Sedimentation Program Workload
Currently over 8,000 active projects (excluding NC DOT and local program projects)
35.12 FTE sediment positions in Regional Offices to inspect these projects (+20 SW)
5 FTE sediment positions in Central Office (+9 SW)
Projects are inspected an average of every months.
NOTE: Besides construction stormwater, SW positions also cover industrial, municipal and post construction SW issues

39. Sedimentation Program Statistics Compliance Rate – Inspections that note compliance with SPCA

40. Sedimentation Program Statistics Compliance Rate – Based on Notices of Violation (NOVs/#Sites)

41. Sedimentation Program Statistics Compliance Rate – Based on Civil Penalties (CPA/#Sites)

42. Energy Program

43. Energy Program
Currently developing rules and a new regulatory program as staff to the Mining and Energy Commission, its committees and study groups
4 FTE positions in Central Office
Energy Program Supervisor
Geologist
Environmental Senior Specialist
4 Additional FTE positions and funding granted by Legislature this session to assist MEC and to conduct additional studies

44. Energy Program
State Energy Office, Weatherization Assistance Program and Utility Savings Initiative Program transferred from Commerce to DENR in Budget Bill
New Energy Section within DEMLR likely to be created to house Energy (Oil & Gas) Program and others - TBA

45. Director, Division of Energy, Mineral, and Land Resources
Contact Information:
Tracy E. Davis, PE, CPM
Director, Division of Energy, Mineral, and Land Resources
(919)