Commission Proceedings 



April 6, 2000 



Straight Pipe Elimination Program (continued from March 16, 2000); other updates 



William E. Holman, Secretary of Environment and Natural Resources, stated that he 

 had not yet had time to review recommendations on improving the straight pipe 

 elimination program. Instead, he gave an update on DENR's air quality activities; 

 mentioned that a plan had been developed in response to the Governor's call to find a 

 way to preserve one million acres of open space in the next ten years; commented on 

 ongoing staff retention problems; and noted that the new North Carolina Museum of 

 Natural Science would soon have its grand opening. 



Update on litigation against former Division of Water Quality Director 



Daniel F. McLawhom, General Counsel for DENR, provided an update on the lawsuit 

 filed by Purvis Farms against Preston Howard, former Director of the Division of Water 

 Quality in DENR. Mr. McLawhom noted that additional protection for individuals sued 

 for actions imdertaken as part of their DENR duties could be provided by an act of the 

 General Assembly declaring that in a personal suit that fails, the suing entity must pay the 

 private individual's attorney fees. 



Wastewater Collection System Permit Program 



Coleen Sullins, Chief of the Water Quality Section of the Division of Water Quality in 

 DENR, presented a status report on progress in developing and implementing a 

 wastewater collection system permit program. She described the problems that typically 

 cause breaks in collection system pipes and noted that many could be prevented with 

 proper maintenance. She explained that minimum design criteria had been established to 

 fast-track the permitting process. She said that under the holistic collection system 

 permitting process required by House Bill 1 160, a system could be "deemed permitted" if 

 it met a series of requirements related to plaiming and maintenance. 



Wetlands Stream Management Advisory Committee 



Robin W. Smith, Assistant Secretary for Natural Resources, explained that the 

 Wetlands Stream Management Advisory Committee, a stakeholder group that had been 

 working to improve wetlands and stream regulation, had come to an impasse as a result 

 of a lawsuit challenging the statutory authority of the State's wetlands protection 

 program. She said the participation of some committee members in the lawsuit had 

 reduced the interest of other committee members in continuing discussions. Ms. Smith 

 said DENR was currently trying to refocus the committee's work on less controversial 

 technical issues in the short term. 



List of impaired waters 



Ms. Sullins presented a list of impaired waters in the State that was required by the 

 federal Environmental Protection Agency (EPA). She explained the factors that can lead 

 to the placement of a waterway on the list, as well as how a waterway can be removed 

 firom the list. She said sedimentation and fecal coliform bacteria were major causes of 

 impairment, and that a significant number of waters were listed based on biological 

 impairment despite the absence of any obvious cause. Ms. Sullins said urban and 



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