After two failed motions to move forward last week, North Carolina Marine Fisheries Commission members tabled further action on the Estuarine Striped Bass Fishery Management Plan Amendment 2.

The commission is to take up the proposed management measures for inland coastal waters when it meets again in November.

Amendment 2 was developed by the Division of Marine Fisheries and Wildlife Resources Commission and contains management measures to address sustainable harvest in the Albemarle Sound and Roanoke River management areas and the Tar-Pamlico, Neuse and Cape Fear rivers.

The move to table followed a lengthy discussion during the commission’s quarterly meeting Aug. 17-18 in Jacksonville, when Gov. Roy Cooper’s three new appointments to the commission, Donald Huggins, Doug Rader and Ana Shellem, were sworn in. Huggins fills an at-large seat, Rader fills the scientist seat, and Shellem fills a commercial fisher seat.

The discussion focused on gill net prohibitions in the upper Neuse and Pamlico river systems but concerns that the new committee members were not up to speed were expressed as well.

Ultimately, one of three new members, Shellem, made the motion to table the discussion. The motion passed 7-1 with Commissioner Tom Roller opposed.

Estuarine striped bass management will continue as prescribed by Amendment 1, including the temporary management measures related to possession limits and the use of large-mesh gill nets in the upper Neuse and Pamlico river systems, until Amendment 2 is adopted.

“Adaptive management was implemented earlier this year based on the current stock assessment, which indicated the Albemarle-Roanoke Striped Bass stock is overfished and overfishing was occurring. The Division is currently updating that assessment to determine if further management measures are necessary for the conservation of the stock,” officials said.

In other business, the commission did the following:

• Endorsed sending a letter to the South Atlantic Fishery Management Council in support of maintaining the management measures under the Dolphin Wahoo Fishery Management Plan Amendment 10, as it believes that the proposed management measures under the Dolphin Wahoo Regulatory Amendment 3 are inequitable to North Carolina. Additionally, the letter will state that the commission supports further assessment of the impacts of climate and other factors on dolphin stocks.
• Asked the Division of Marine Fisheries to update its 2017 white paper on false albacore with current fishery data and to frame potential management options for future consideration.
• Adopted the River Herring Fishery Management Plan information update. This update did not make any management changes.
• Set the annual cap on the number of commercial fishing licenses available through the eligibility pool at 500.
• Reelected Commissioner Doug Cross as vice chairman.
• Approved notice of text to begin the rulemaking process to amend the “Mutilated Finfish” rule and to readopt the “Marinas, Docking Facilities, and Other Mooring Areas” rule. Public hearings on these rule changes are to be announced later.

The N.C. Division of Marine Fisheries announced Monday that it had recently certified a new state record red hind, or Epinephelus guttatus.

Jared Lambert of Wilmington caught the 7-pound, 11.2-ounce fish Aug. 6 near Frying Pan Tower.

The previous state record red hind weighed 7 pounds, 1.6 ounces, and was caught off Cape Lookout in 2021.

Lambert’s fish measured 23.06 inches total length, or from the tip of the snout to the tip of the compressed tail, and had a 23-inch girth.

The fish was landed using a Star Rod and a Penn 6/0 reel with a live pinfish on 60-pound test.

The North Carolina Division of Marine Fisheries recently certified a new state record cubera snapper, or Lutjanus cyanopterus.

Officials announced Thursday that Thomas M. Madsen of Byram, New Jersey, caught the 58-pound, 8-ounce fish Aug. 3 off Cape Hatteras.

The previous state record cubera snapper weighed 58 pounds and was caught off Beaufort Inlet in 2016.

Madsen’s fish measured 49.5 inches total length — from the tip of the snout to the tip of the compressed tail — and had a 41-inch girth.

The fish was landed using a Shimano jigging rod, and a Diawa Saltist reel with 80-pound test.

Madsen was fishing with Capt. Tyler Fleetwood onboard Sea Dream Fishing Charters out of Hatteras.

For more information on state record fish, go to the division’s State Saltwater Records webpage or contact the North Carolina Saltwater Fishing Tournament staff at saltwater.citations@ncdenr.gov.

Final approvals for the Estuarine Striped Bass Fishery Management Plan Amendment 2 and the River Herring Fishery Management Plan information update are on the agenda for the coming North Carolina Marine Fisheries Commission meeting.

The in-person meeting is scheduled for 6 p.m. Wednesday, Aug. 17, and 9 a.m. Thursday, Aug. 18, in Courtyard by Marriott, 5046 Henderson Drive, Jacksonville, and will be livestreamed on YouTube. The YouTube link will be posted on the Marine Fisheries Commission Meetings webpage. After the meeting, a recording will be posted online.

Other agenda items include a presentation on the annual fishery management plan review, establishing the annual cap on the number of standard commercial fishing licenses available through the eligibility pool, and electing a vice-chairman. The agenda and briefing book are on the commission webpage.

In-person public comment periods are at 6 p.m. Aug. 17, and near the beginning of the meeting Thursday, Aug. 18. Those making comments are asked to speak at either but not both public comment periods. If submitting a handout, organizers recommend bringing at least 12 copies.

Public comment can be submitted by 4 p.m. Monday through the Marine Fisheries Commission Meetings webpage; by mail to August 2022 Marine Fisheries Commission Meeting Comments, P.O Box 769, Morehead City, NC 28557; or delivered to the Division of Marine Fisheries’ Morehead City Headquarters Office at 3441 Arendell St., Morehead City.

The Wildlife Resources Commission announced Tuesday that the 40^th and final edition of the waterfowl print and stamp is available online at the N.C. Wild Store while supplies last.

The artwork features a pair of wood ducks painted by the award-winning artist, Ron Louque. The commission said Louque had won a record of 31 conservation stamp contests and reached the pinnacle of his career when he won the 2002 Federal Duck Stamp Art Contest for the 2003 Federal Duck Stamp. Officials said his accolades and conservation-minded artistic talents made him the ideal artist for this year’s milestone print.

The North Carolina Waterfowl Conservation Stamp and Print program was established in 1983 by the Wildlife Commission and generated some supplemental revenue for waterfowl conservation in the state, including acquiring and improving habitat. However, with more and more license and permit purchases being made online, collector interest in the prints has declined, and last year, the Wildlife Resources Commission decided to end the stamp program and the annual prints. The commission said other state wildlife agencies had made similar decisions.

The print and stamp prices are priced as follows:

• Waterfowl Conservation Print: $135 plus tax.
• Waterfowl Conservation Mint Stamp: $14 plus tax.
• Waterfowl Conservation Adhesive Stamp: $14 plus tax.

View dimensions and purchase the print and stamp at NCWildstore.com.

MOREHEAD CITY – The North Carolina Division of Marine Fisheries has released its 2021 Fishery Management Plan Review.

The Fishery Management Plan Review released Wednesday summarizes available information, such as long-term trends in catch, biological data and management through 2021 for North Carolina’s state-managed species.

It also provides links to information on federally-managed and interstate-managed species important to North Carolina. It is available on the Division website at https://deq.nc.gov/fishery-management-plans.

Highlights of this year’s review for state managed species include the following: 

• Estuarine Striped Bass – North Carolina Estuarine Striped Bass Fishery Management Plan Amendment 2, jointly developed with the North Carolina Wildlife Resources Commission, is in the final review stage and scheduled for adoption at the upcoming August Marine Fisheries Commission meeting. Development of a stock assessment update is underway in 2022 to further evaluate status given ongoing low juvenile recruitment. It follows a 2020 peer-reviewed, benchmark stock assessment that indicated the Albemarle-Roanoke estuarine striped bass stock is overfished and overfishing is occurring. No stock status is available for the Central Southern Management Area; however, a population model indicates the stock is depressed to a level where sustainability is unlikely. Adaptive management measures through Amendment 1 implemented stricter harvest restrictions in 2021 to address overfishing in the Albemarle Sound and Roanoke River Management Areas.

• Shrimp ­– The Shrimp Fishery Management Plan Amendment 2 work continued in 2021 and final approval for the plan was given in February 2022. The plan focuses on further reducing bycatch of nontarget species and minimizing ecosystem impacts.

• Blue Crab ­– Blue crab landings were below average in both 2020 and 2021, prompting the division to move up a stock assessment update that had been planned for no sooner than 2023. The Blue Crab Fishery Management Plan Amendment 3 was approved in February 2020, and management measures were implemented to address the overfished and overfishing status of the stock based on results from the peer-reviewed 2018 benchmark stock assessment.

• Southern Flounder – In 2021, while Amendment 3 was being finalized, commercial and recreational seasons implemented through Southern Flounder Fishery Management Plan Amendment 2 continued but did not fully meet the reduction goal for the plan. Southern Flounder Fishery Management Plan Amendment 3, passed in May of this year, provides more comprehensive and robust management strategies. These changes, implemented for 2022, include quotas and accountability measures to maintain a 72% harvest reduction across the fisheries.

• Striped Mullet – Work on this species in 2021 included the recently completed 2022 Stock Assessment of Striped Mullet in North Carolina. Results of the peer-reviewed report indicate the stock is overfished and overfishing is occurring through the terminal year of 2019. A formal review of the plan is currently underway and will address the overfished and overfishing status for this stock.

• Sheepshead – A stock assessment for sheepshead is underway by North Carolina State University. Due to independent sampling trends in 2022 and shifts in recreational fishing behavior because of regulations for other fisheries, sheepshead management may need review. Currently, North Carolina does not have a fishery management plan for sheepshead, but the state has previously implemented regulations to manage the fishery.

Millions are marked for clean water, water infrastructure and shellfish habitat work along the coast in the state budget that Gov. Roy Cooper signed into law last week.

In addition to signing the 2022-23 spending plan that includes funding for flood resilience, oyster sanctuary, marine debris removal and drinking water and wastewater projects, Cooper signed dozens of bills in the last few weeks, including one that tweaks various environmental rules.

In a statement released July 11, Cooper said he signed a budget that includes “critical investments in education, economic development, transportation and the state workforce.”

Cooper noted that while the budget did not include Medicaid expansion, “the leadership in both the House and Senate now support it and both chambers have passed it. Negotiations are occurring now and we are closer than ever to agreement on Medicaid Expansion, therefore a veto of this budget would be counterproductive.”

In a joint statement, House Speaker Tim Moore and Senate President Pro Tem Phil Berger noted that the “responsible spending plan” had been passed by strong bipartisan margins in both chambers. The legislative leaders said they were “committed to working together to improve healthcare access and expand Medicaid, while providing the necessary safeguards to preserve the state’s fiscal strength. Active negotiations are occurring now toward that end.”

Biogas

In one of the more controversial environmental provisions in the budget, the Department of Agriculture and Consumer Services was appropriated from the general fund $1.5 million nonrecurring for the North Carolina Foundation for Soil and Water Conservation to provide cost-share assistance to swine farmers who want to install anaerobic digesters to produce biogas.

Align Renewable Natural Gas, a $500 million joint venture between Dominion Energy and Smithfield Foods, has been developing a project in Sampson and Duplin counties to collect methane from the covered waste lagoons on a network of nearby hog farms and convert it to natural gas to be used to produce electricity.

Kemp Burdette, riverkeeper with Cape Fear River Watch, called the taxpayer funding of biogas disappointing, an environmental threat that compounds that of the lagoon and sprayfield system of swine waste management already in use in North Carolina.

“We are generally opposed to biogas, especially as it’s proposed in North Carolina right now — directed biogas,” he explained. Adding, science is pretty clear that just adding a second lagoon to these facilities, leaving an uncovered lagoon, which you then spray waste out of onto the landscape — exactly as things are done now — is going to just continue to harm water quality, and it’s going to continue to harm the communities around these facilities.

“To see the General Assembly basically decide that they’re going to give taxpayer funds to the biogas scheme that continues to threaten the environment and continues to threaten communities in North Carolina is pretty disappointing,” he said.

While the approved budget did have the $1.5 million cost-share program, it did not include the governor’s proposed $18 million swine floodplain buyout program, another frustrating point for environmental advocates.

The budget Cooper proposed in May included $18 million in nonrecurring funds that would have gone to the Department of Agriculture and Consumer Services to purchase permanent conservation easements on properties currently used for swine production that are within the 100-year floodplain.

Sound Rivers, the nonprofit organization that guards the health of the Neuse and Tar-Pamlico River Basins, also spoke out against the biogas provision. Pamlico-Tar Riverkeeper Jill Howell told Coastal Review the organization had been excited to see $18 million allocated for the voluntary swine buyout program in the governor’s proposed budget released back in May.

“It was disappointing to see that (buyout) program not funded at all in the final budget; this was a missed opportunity to provide funding to a voluntary program that removed the most vulnerable lagoons out of the way of future storms, prevented lagoon flooding, and pollution of our waterways while compensating CAFO operators,” she said, referring to concentrated animal feeding operations.

Inundation mapping by the North Carolina Department of Agriculture and Consumer Services’ Emergency Programs Division asserts that 32 of the 43 swine CAFOs closed through the voluntary buyout program between 1999 and 2007 would have likely flooded during Hurricane Matthew.

“Providing state funding for installation of a technology that fails to address existing environmental harms from the lagoon and sprayfield system, while also creating new problems associated with pipelines and biogas processing facilities is a huge problem,” she said.

Burdette was also disappointed that the buyout funds were not part of the budget.

“That’s taxpayer funds that could have been used to actually do something good, something to improve the environment and something to improve quality of life and communities around those facilities,” but that was taken out and instead, that something was put in that’s going to actually harm the environment and harm communities. “So kind of a double whammy there.”

There is still a large number of facilities in the floodplain that need to be removed or we’re going to see a repeat of what happened during hurricanes Matthew and Florence, he said.

Swine waste sprayfield systems used in North Carolina collect waste that is then stored untreated in open-air cesspools, and then the waste is sprayed onto the landscape.

“Biogas is going to do absolutely nothing to change that system. There are still going to be open-air cesspools full of untreated waste that are then sprayed onto the landscape,” he said. “The difference is that the industry is now going to cover an additional lagoon that is added. They’re going to take the methane off of that, they’re going to sell it and make more money while doing absolutely nothing to improve waste treatment.”

By covering the lagoons and not allowing off-gassing, nutrients in that waste are concentrating, Burdette said. “So we not only have this situation where you still are going to be spraying hog waste on to fields that then runs off into waterways, you’re actually now going to be spraying concentrated swine waste onto the landscape, which runs off into the nearby waterways.”

He said that from a water quality perspective, this is even worse, and from the greenhouse gas emissions perspectives, the industry claims that this is going to be some kind of dramatic reduction in methane.

“If they were not using that system — if these pigs were on open pasture if they were using waste treatment technology that (the industry) themselves, acknowledge works and promised to use 25 years ago — if they were doing that, then this this methane wouldn’t be an issue. What all they’re doing is making more money off of their waste stream while doing absolutely nothing to improve the environment or communities nearby,” he said.

Oyster sanctuaries, living shorelines among coastal projects

The budget includes $1 million nonrecurring through the state Department of Environmental Quality to the North Carolina Coastal Federation for oyster sanctuaries, contingent on the nonprofit securing $1 million in federal matching funds.

Coastal Federation Executive Director Todd Miller explained that this is money that will be used to leverage and match future federal grants to help complete the Sen. Jean Preston Oyster Sanctuary System in Pamlico Sound.

“The funds will be used to support any added needed capacity required by the N.C. Division of Marine Fisheries to handle a potently large but temporary surge in federal funding for building oyster reefs in the sound,” he said. “These projects involve design, permitting, purchasing and deployment of rock, and monitoring performance. Private contractors are hired to provide the rock and deploy it, while the Division is responsible for regulatory compliance, construction oversight and monitoring.”

The legislature authorized the sanctuary, named in honor of the late state Sen. Jean Preston, a Republican from Emerald Isle, in 2015 “to enhance shellfish habitat within the Albemarle and Pamlico Sounds and their tributaries to benefit fisheries, water quality, and the economy.”

The Coastal Federation, which publishes Coastal Review, has also been provided a $6.5 million nonrecurring directed grant through the Department of Natural and Cultural Resources for living shoreline work at Hammocks Beach State Park, Black Duck Island on the Oregon Inlet, Fort Macon State Park and North Carolina Aquarium at Pine Knoll Shores. The funds were appropriated to the State Emergency Response and Disaster Relief Fund, that were then allocated to the Department of Natural and Cultural Resources.

Miller explained that this money will support the design, permitting, construction and monitoring of the four living shoreline projects at sites including lands managed by the North Carolina Division of Parks and Recreation, Wildlife Resources Commission and private, educational nonprofits.

“The total amount of shorelines involved cover many thousands of linear feet. The federation will work with these agencies to hire contractors to carry out these projects,” he said.

Miller applauded the legislature for investing in nature-based strategies to deal with extreme weather and shoreline erosion.

“Living shorelines have proven to be extremely resilient to storms and are much more environmentally compatible than building bulkhead and other hard structures that cause loss of salt marshes. North Carolina is becoming a national leader with its investments in living shorelines for both public and private properties all over our coast,” he added.

Drinking water, wastewater funding

The budget includes money from the Clean Water and Drinking Water Reserve and State Fiscal Recovery Fund for a handful of coastal communities and public entities to for water and wastewater infrastructure projects, including $3.6 million for Elizabeth City, $1 million of which must be used for a new pump station on the Elizabeth City State University campus.

Also Jacksonville gets $3.25 million for water and wastewater infrastructure; the Lower Cape Fear Water and Sewer Authority, which serves Bladen, Brunswick, Columbus, New Hanover and Pender counties, gets $23.5 million; and $10 million is going to the Onslow Water and Sewer Authority for the Southeast Wastewater Treatment Plant.

Disaster response, storm mitigation

Carteret County is marked to receive $12 million through the state Emergency Response and Disaster Relief Fund, as a directed grant for marine debris removal and storm resiliency.

The county also may use up to $1.5 million remaining from grants awarded from the Coastal Storm Damage Mitigation Fund in grant years 2018 and 2019 to reimburse the county for expenditures related to a multiyear study on beach nourishment.

Shallow-draft inlet funding

The budget also changed the local cost-share requirements for grants from the state Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund. The fund is to provide the state’s share of the costs associated with dredging projects designed to keep shallow-draft navigation channels safely navigable. As a result, economic tier designations are no longer a factor in the cost-share requirements for dredging projects. Now, at least one nonstate dollar is required as match for every $3 from the fund, regardless of location.

Environmental rule changes

The House Bill 219 that Cooper signed July 7 features mainly technical changes to state environmental laws and related directives.

The bill includes setting a deadline for dozens of towns, counties and public utilities to submit completed infrastructure project requests to the state or lose federal funding they were authorized to receive in the 2021-22 state budget.

Money from the 2021 federal American Rescue Plan was allocated last year to the North Carolina Department of Environmental Quality and directed to certain local governments and public utilities, many of which are on the coast, for water, sewer and stormwater infrastructure projects, but the budget approved in November 2021 included no deadline for the funding requests.

The new law sets June 3, 2023, as the deadline for directed infrastructure grant recipients to submit the completed requests. Otherwise, the money reverts to the state. Awards must be obligated by recipients no later than Dec. 31, 2024, and used no later than Dec. 31, 2026, or the money may revert to the federal government.

The allocations include $5 million for Bath, $2.8 million to Southport, $1.07 million for Topsail Beach, $100,000 to Winton, $30 million to Cape Fear Public Utility Authority, $200,000 to Elizabeth City, $20 million to Jacksonville, $4 million to Surf City, $6 million to Wallace, and New Bern has been allocated funds for two projects, $230,000 and $75,000.

Cammie Bellamy, assistant public information officer with Cape Fear Public Utility Authority, explained to Coastal Review that the authority submitted its request for the $30 million for capital projects in February of this year and the project was approved.

“We are currently designing the infrastructure,” Bellamy said.

The authority board voted to use the $30 million for the Northern Regional Pump Stations and Force Mains project.

“This project will increase sewer conveyance capacity in fast-growing areas of northern New Hanover County, including Greenview Ranches, Sidbury Road, and Holly Shelter Road,” Bellamy said.

Phase A of the project will increase capacity at CFPUA’s wastewater Pump Station 155 from 0.42 million gallons per day, or MGD, to 2.1 million gallons per day and construct 6 miles of sewer force main. Phase B includes construction of a new 5.4 MGD pump station on North Kerr Avenue and 3 miles of sewer force main. CFPUA is funding an additional $2.8 million for a total project cost of $32.8 million.

Also regarding water quality, the law gives DEQ authority to limit wastewater discharge into waters with naturally occurring low dissolved oxygen levels, and the department now has more flexibility to use State Capital and Infrastructure Funds to remove stream debris.

The budget approved in November allowed the money to be used for targeted river basin debris-removal projects. The new law adds “other flood mitigation strategies prioritized through the Flood Resiliency Blueprint.” Also, stream debris removal projects that had been exempt from requirements for stormwater or water quality permits are no longer exempt.

Expedited permitting review

NCDEQ officials are to study approaches to expedite permit issuance under the express permit and certification review program established in 2008 and the fast-track permitting for the stormwater management systems program effective Jan. 1, 2017.

Officials are then to report its findings, including any recommendations for legislative action to improve permitting efficiencies under the programs, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than Dec. 31.

The express permit and certification review program applies to permits, approvals, or certifications for the erosion and sedimentation control program, the coastal management program and the water quality programs, including water quality certifications and stormwater management.

Public notice changes

House Bill 219 also makes changes for public notice requirements for hearings for Coastal Area Management Act land use plans and mine permit modifications.

The CAMA public notice requirements for land use plan hearings must now follow public notice rules in place for local governments.

Previously, CAMA public hearing notices had to be published at least once no less than 30 days before a hearing. Local government hearing notices must be published no less than 10 days before a hearing date and no more than 25 days.

Now CAMA notice requirements for land use plan or amendment hearings must follow the same schedule and, instead of a county newspaper, the notices may be published in a general circulation paper for the area. Additionally, local governments can post the proposed plan or amendment at a designated county or local government office, instead of in the county courthouse as previously required.

For changes to mine permits, applicants are now only required to notify landowners within 1,000 feet of land the permit holder is asking to add to a permit. Previously, the permit holder was required to notify all landowners within 1,000 feet of existing boundaries. Also, an applicant, permittee or other affected person may contest a decision by NCDEQ to deny, suspend, modify or revoke a permit by filing a contested case within 30 days of the decision.

This post has been updated, statement from Enviva added.

A wood pellet manufacturing plant in Hertford County has submitted a draft permit asking to increase production.

Plant officials want to increase production from 481,800 oven-dried tons to 630,000 oven-dried tons.

The North Carolina Department of Environmental Quality’s Division of Air Quality is to hold an an in-person public hearing 6 p.m. Aug. 16 on the request and others in the draft Title V air permit renewal for Enviva Pellets Ahoskie plant.

The meeting is to take place in Roanoke-Chowan Community College gymnasium, New Student Services Center, Room 101, 109 Community College Road, Ahoskie.

Title V permits are to comply with permitting requirements under Title V of the federal Clean Air Act Amendments of 1990.

In addition to increasing pellet production, the proposed permit requires the installation of air pollution control equipment and operational limits to reduce emissions of volatile organic compounds, or VOC, and total hazardous air pollutants, or HAP. To reduce volatile organic compounds and hazardous air pollutants emissions, the draft permit would require the facility to install a regenerative thermal oxidizer and a regenerative catalytic/thermal oxidizer.

The draft permit limits the facility’s VOC emissions to less than 250 tons per year and HAP emissions to less than 10 tons per year of any one HAP and less than 25 tons per year for all HAPs combined.

The public is invited to attend the hearing and provide its comments on the proposed action. Signup will be available upon arrival. Oral comments at the hearing should be limited to 3 minutes.

Written comments may also be submitted during the hearing or by email to DAQ.publiccomments@ncdenr.gov with the subject line “Enviva Ahoskie.20B.” Comments can be left by voicemail at 919-707-8430.

The public comment period ends at 5 p.m. Friday, Aug. 19. Division officials said all public comments will be considered before a final decision on the proposed permit is made.

Enviva communications team provided July 14 the following comment to Coastal Review:

“In consultation with the North Carolina Department of Environmental Quality (NC DEQ), Enviva submitted a draft Title V permit for our Ahoskie wood pellet production plant to renew the existing air permit with modifications to enhance the plant in terms of efficiency, environmental performance, and production. A major highlight to the permit application is to install additional state of the art air quality control equipment to further reduce emissions. The requested expansion permit would bring total permitted production capacity to 630,000 oven dry tons of pellets per year, up from the current permitted 481,800 oven dry tons of pellets per year. Enviva will install the new air quality controls before being allowed to pursue the higher level of production.

“This type of investment of capital and our company’s resource allocation demonstrates our strong environmental and compliance leadership in the industry, as the world’s largest wood pellet manufacturer. It is also representative of our company’s core values of caring for our people and forests, accountability, and integrity.”

Copies of all data and the application submitted by Enviva Pellets, LLC – Ahoskie Plant are available for public inspection on the DAQ website or in person by appointment only at NC DEQ Division of Air Quality, Air Permits Section, 217 West Jones St., Suite 4000, Raleigh, or Washington Regional Office, 943 Washington Square Mall, Washington.

Updated July 11: Gov. Roy Cooper signed the budget bill Monday.

The legislature’s proposed $27.9 billion budget approved Friday features provisions for addressing contamination of drinking water by synthetic chemical compounds.

Much of the funding to address pre- and polyfluorinated substances, or PFAS, often called emerging compounds, is in the form of grants that funnel federal infrastructure and recovery act dollars.

The North Carolina General Assembly voted 82-25 Friday to give final approval to the measure and sent it to the governor as it wrapped up the 2021-22 session. Despite bipartisan — veto-proof — support, a lot of folks were unhappy with the process and the results.

Rather than funding significant staff additions at the North Carolina Department of Environmental Quality as Gov. Roy Cooper proposed in his $27.8 billion proposal rolled out in May, the legislature’s budget makes nearly $50 million available through grants from state revolving funds for water and wastewater projects to address PFAS. Most of the grants would include federal dollars from the $1 trillion infrastructure bill that passed last year along with matching state funds.

Cooper had not indicated whether he would sign the bill at the time this report was published.

Cooper’s budget included $2.5 million recurring and $483,000 nonrecurring funding for the North Carolina Department of Environmental Quality to address the compounds that have been found in numerous public drinking water supplies and private wells in eastern North Carolina. The governor’s plan would pay 19 full-time employees for work on emerging compounds, such as permitting, technical support and groundwater testing.

Like Cooper’s proposal, the legislature’s plan includes $483,000 in nonrecurring money for DEQ to address PFAS, but scales down recurring funds to $841,000.

The recurring money would go to pay for three new positions, an environmental chemist and two hydrogeologists, and make two time-limited lab positions permanent in the Division of Water Resources. The recurring funds also would go for four new positions in Division of Waste Management, an environmental chemist and three hydrogeologists, to address emerging compounds.

The nonrecurring funds in the legislative plan would go to set up agreements to outsource PFAS testing.

Cape Fear River Watch Executive Director Dana Sargent, whose organization sued Chemours and DEQ to stop PFAS pollution, leading to the consent order under which the company now operates, said that outsourcing PFAS testing adds unnecessary steps and red tape without doing anything to protect the public.

“The DEQ needs to duplicate before they can regulate,” Sargent said of any outsourced test results. “We were pushing to get that funding, but here we are again, with funding going elsewhere instead of the only regulatory agency on environmental issues in the state.”

Sargent said the grant approach to addressing PFAS puts the burden on the affected communities. “It seems inequitable, and it seems like a lot of administrative waste,” she said, noting that many small towns or counties may lack the staffing or other resources to apply.

Grants for emerging compounds in water included in the plan are as follows:

• Clean Water State Revolving Fund, Emerging Compounds (DEQ) — $1.7 million nonrecurring. Provides federal infrastructure money for projects addressing emerging compounds such as PFAS.
• Drinking Water State Revolving Fund (DEQ) — $60.6 million nonrecurring. Provides additional funds from infrastructure act and appropriates state matching funds.
• Drinking Water State Revolving Fund, Emerging Compounds (DEQ) — $23.2 million nonrecurring. Provides federal infrastructure money for projects addressing emerging compounds such as PFAS.
• Small and Disadvantaged Community Grants (DEQ) — $23.7 million nonrecurring. Provides federal infrastructure act funds for grants to disadvantaged communities with priority for projects addressing emerging compounds such as PFAS.

The bill also includes similar grant funds for water and wastewater infrastructure, including lead water service line replacement and remediation, and American Rescue Plan money for drinking water and wastewater infrastructure grants.

Other coastal, environmental provisions

The budget includes a $6.5 million Department of Cultural and Natural Resources grant to the North Carolina Coastal Federation, publisher of Coastal Review, for living shoreline projects at Hammocks Beach State Park, Black Duck Island on the Oregon Inlet, Fort Macon State Park and the North Carolina Aquarium at Pine Knoll Shores.

Also, $1 million nonrecurring is included for DEQ as matching funds for a federal grant to the federation for building oyster sanctuaries.

The budget also gives the DEQ secretary authority to accept grant applications for nonfederal costs for projects dealing with beach nourishment, artificial dunes and other coastal storm damage mitigation and remediation.

Cooper’s budget proposal called for $4 million nonrecurring for flood-risk reduction and long-term resilience.

The bill provides $8 million in additional recurring funding for grants from the Parks and Recreation Trust Fund for a total of $24.2 million and $11 million more for the Land and Water Fund for a total of $27.2 million.

The spending plan also includes $1.5 million nonrecurring for Department of Agriculture and Consumer Services cost-share assistance to swine farmers so they can install anaerobic digesters for biogas production, which the North Carolina Conservation Network called “a troubling use of public money.”

The Southern Environmental Law Center also was critical, saying in a statement that biogas projects rely on a “primitive system of storing untreated hog feces and manure in waste pits and spraying that waste onto nearby land” that pollutes waterways and the air and neighbors’ health, especially among Black, Latino and Native American families.

The budget also includes funding for shallow-draft inlet dredging.

One provision would change matching fund requirements for grants from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund. The fund is for projects such as dredging shallow-draft navigation channels and aquatic weed control in state waters, and for certain expenses related to beach and inlet management and dredge spoils sites.

North Carolina has a system of designated county development tiers used to determine various state funding opportunities to help with economic development. Currently, counties designated as Development Tier 1 zones must provide one nonstate dollar for every $2 from the fund for awarded dredging projects. The proposed budget would change the local match requirement to $1 for every $3 from the fund regardless of development tier.

After several weeks of adjusted schedules and a dredge project just outside the Ocracoke-Silver Lake Terminal to alleviate shoaling, ferries that cross the Pamlico Sound to Ocracoke resumed full summer schedules Friday.

The U.S. Army Corps of Engineers’ dredge Merritt began work June 17 in Bigfoot Slough. Shoaling in that area made the ferry channel too shallow to safely operate the division’s largest vessels. The dredge project took about two weeks, state Department of Transportation’s Ferry Division officials said.

The following is the full summer schedule:

• Cedar Island-Ocracoke: 8 a.m., 10 a.m., 1 p.m. and 4:30 p.m.
• Ocracoke-Cedar Island: 7:30 a.m., 10 a.m., 1 p.m. and 5:30 p.m.
• Swan Quarter-Ocracoke: 7 a.m., 10 a.m., 2 p.m. and 4:30 p.m.
• Ocracoke-Swan Quarter: 7 a.m., 11 a.m., 12:45 p.m. and 3:45 p.m.

​Officials highly recommended travelers make reservations during the busy summer season either online at www.ncferry.org, or by phone at 1-800-BY-FERRY.

Real-time updates on weather or mechanical delays on the Cedar Island and Swan Quarter routes can be found on the Twitter feed @NCFerryPamSound.

The North Carolina Department of Transportation’s Ferry Division oversees the ferry system’s seven routes and 21 ferries.

A new interactive mapping tool is now available for the public to see where marine fisheries rules are in effect in North Carolina waters.

The state Division of Marine Fisheries launched the Common North Carolina Marine Fisheries Commission Rules application to replace the old, static maps and is useful to both commercial and recreational fishermen, the division announced Monday.

The following are among the areas included in the interactive maps:

• Anadromous fish spawning areas.
• Demarcations of coastal, joint and inland fishing waters.
• Crab spawning sanctuaries.
• Designated pot areas.
• Fish nursery areas.
• Gill Net Attendance areas.
• ITP management areas.
• Mechanical clam harvest areas.
• Military danger zones and restricted areas.
• Sea turtle sanctuaries.
• Striped bass management areas.
• Shrimp trawl prohibited areas.
• Trawl net prohibited areas.

The user can layer maps and zoom in and out on specific water bodies, measure by distance and area, and find latitude and longitude. The maps can be viewed and printed from a computer screen or viewed on a smartphone.

The Common Rules app is the latest marine fisheries interactive mapping tools that can be found on a geospatial hub on the division’s website. The geospatial hub is a one-stop webpage where the public can link to all the Division of Marine Fisheries interactive maps available to the public, including:

• Artificial reef Interactive map.
• North Carolina weigh stations and carcass collection locations.
• Shellfish leasing tool.
• Shellfish sanitation temporary closure public viewer.

The interactive maps and geospatial hub are part of ongoing efforts by the Division of Marine Fisheries to make fisheries information more accessible to the public, officials said.

MOREHEAD CITY – The Division of Marine Fisheries has awarded $100 to each of 15 individuals, including several coastal North Carolina residents, in a yearly drawing to reward participants in its multi-species fish tagging program that helps researchers.

The division said it had randomly selected tag numbers from more than 664 fish tags that were turned in by program participants in 2021. Three tag numbers were selected from each of the five species that are tagged by the program.

The $100 winners who turned in tags from cobia were Cole Flippin of Hayes, Virginia, Kate Wessling of Manassas, Virginia, and Shawn Ingram of Westminster, Maryland.

The $100 winners who turned in tags from red drum were Charles Neal of Newport, Rachel Herrmann of Wilmington, and Bridgett Lockhart of Jacksonville.

The $100 winners who turned in tags for striped bass were Arthur Leary of Lowland, Timothy Purvis of Raeford, and Chris Bower of Raleigh.

The $100 winners who turned in tags for southern flounder were Vince Emory of Cedar Island, Brian Edwards of Grifton, and Thomas Ferrell of Harkers Island.

The $100 winners who turned in tags from spotted seatrout were Todd Mitchum of Winterville, James Mitchell of Kill Devil Hills, and Kristina Watts of Amherst, Virginia.

The Multi-Species Tagging Program began in October 2014 and is funded by a Coastal Recreational Fishing License grant. Staff and volunteers place yellow or red tags on approximately 15,000 fish in North Carolina’s coastal waters each year.

When a tagged fish is reported along with the required information, participants receive a letter and personalized certificate with information about their fish, as well as a reward.

Those who return a yellow tag marked with “NCDMF” receive either $5, a tagging program hat, fish towel, or fish pin. Those who return a red tag marked with “NCDMF” and “$100 REWARD” receive a $100 reward. Additionally, those who return a tag are automatically entered into an annual drawing for $100.

Information required when reporting a tagged fish include the species, tag number, date, location captured, total length of the fish, if the fish was released or harvested, and the type of gear used to capture the fish. Tags may be reported by phone at 1-800-682-2632 or online. Red tags must be cut off and returned to the division for the participant to receive the $100 reward.

Information gathered from tag returns allows researchers to determine species migration patterns, mortality, population structure and habitat use.

State Division of Marine Fisheries officials are hosting an informational meeting Wednesday on shellfish leases and shellfish aquaculture enterprise areas in and around Bogue Sound.

The virtual meeting is set for 5:30 p.m. Wednesday.

Division staff are expected to share information on the Bogue Sound Shellfish Aquaculture Enterprise Areas, a pilot project, and give an overview of the Shellfish Lease and Aquaculture Program and how to apply.

There will be an opportunity for the public to comment on efforts to address issues related to shellfish leases. As part of the pilot project, staff met with local government officials from towns surrounding Bogue Sound over the past several months for preliminary feedback and to help prepare for the meeting.

Bogue Sound and the New Hanover County area have been under a moratorium on new shellfish leases and new shellfish water column leases for aquaculture since July 1, 2019. The moratorium was set to expire July 2, 2021, but last year the North Carolina General Assembly extended the provision for both types of leases until July 1, 2026.

“These moratoriums resulted from the substantial increase in the number of user conflicts coinciding with the recent expansion of the shellfish aquaculture industry and its use of intensive gear in water column leases,” according to an April 2020 report by the division. The report looks at areas currently under a statutorily mandated shellfish lease moratorium that could potentially be established as SEAs, or large areas preapproved for shellfish leasing subdivided into multiple smaller parcels for shellfish aquaculture.

“The primary benefit to shellfish growers (and state shellfish regulators) is that applications for these pre-approved shellfish leases can proceed without going through the rigorous and lengthy application siting process,” the report states. “Streamlined permitting encourages industry development by easing the state’s shellfish lease application burden and potentially mitigating user conflict issues. This process also provides the state greater authority to regulate the activities within the designated
SEAs.”

User conflicts include concerns such as navigation or the view from nearby homes.

Shellfish Lease and Aquaculture Program Coordinator Owen Mulvey-McFerron told Coastal Review that the Bogue Sound moratorium is not affected by the study.

“Our goal with this meeting is to provide education on shellfish leases in general and on the potential of SEAs in Bogue Sound,” he said.

Mulvey-McFerron said the division hopes to reach as many directly or indirectly affected residents of the Bogue Sound area “to provide as much information as we can on this topic. Ideally, this would help foster open communication about shellfish leases and SEAs at the town level and enable town leadership to discuss this potential with their constituents and with the DMF.”

The General Assembly, in its 2019 aquaculture bill, assigned the division to study shellfish aquaculture enterprise areas. Other states currently employ similar frameworks under different names such as enterprise areas or aquaculture enterprise zones, he continued.

Essentially, the division goes through the traditional shellfish leasing application process for a large tract of public trust water. “This area still is required to meet all the minimum standards and compliance thresholds that current shellfish lease applications are held to,” Mulvey-McFerron said.

The division would then take applications for small, subparcels in this larger area, which would then allow for applicants to obtain leasing rights more expediently than if they had applied for a shellfish lease themselves, he continued. “The primary advantage of SEAs is that the application process is more streamlined for the applicants.”

Part of the General Assembly’s directive was to determine feasibility in areas with a history of user conflicts between shellfish leases and other public trust water user groups, which have led to moratoriums, such as Bogue Sound.

“To start this process, DMF — specifically the Habitat and Enhancement Section staff — met with the individual municipalities around Bogue Sound to discuss the SEAs and shellfish leasing process and gather preliminary feedback,” he said. “We are now having a larger public meeting, and have requested the municipalities’ help in spreading the word to their constituents. We will then be reporting the meeting and any responses from the meeting in our feasibility study for SEAs in Bogue Sound.”

Several projects by the Division of Marine Fisheries’ Artificial Reef Program to build up North Carolina’s existing, offshore artificial reefs were recently completed.

Artificial reefs are a manmade underwater structure built to promote marine life in areas with a generally featureless bottom and serve as crucial spawning and foraging habitat for many commercially and recreationally important fish species.

The artificial reef program, in partnership with the North Carolina Department of Transportation, completed disposal of the remnants of the old Oregon Inlet Bridge, which was replaced in 2019 by the 2.8-mile Marc Basnight Bridge.

The 68 barge loads of bridge material, totaling 80,000 tons of concrete, is the largest amount of material associated with any artificial reef project in the history of program. The material was deposited at eight artificial reefs — six off Ocracoke Inlet, one off Beaufort Inlet and one off Bogue Inlet.

Also, two different reefs in Long Bay each received about 1,500 tons of recycled concrete pipe. The deployment was funded by Coastal Recreational Fishing License revenues. The pipe, including 1,100 tons from Columbus and Bladen counties, was donated by North Carolina Department of Transportation. Much of the pipe had been damaged during Hurricane Florence in 2018 and would have otherwise cost the state $65,000 to dispose the material in a landfill.

The state partnered with organizations including the nonprofits Veteran Memorial Reefs of Carolina Beach and Eternal Reefs Inc. of Sarasota, Florida, for memorial reef projects. Each organization placed cremated ashes of loved ones in concrete reef structures or reef balls, which were deployed at a reef sites off Wrightsville Beach and off Topsail.

Program officials also worked with the Coastal Conservation Association of North Carolina to enhance an artificial reef near Bayview in the Pamlico River. The association purchased material from Natrx, a Raleigh-based company that used a 3D printer to create 100 dimensional concrete reef structures for the project. The U.S. Fish and Wildlife Service Sportfish Restoration Grant funded the deployment of these structures.

The division maintains 68 artificial reefs, located from estuarine waters to 38 miles from shore. They are situated so that they can be reached from every maintained inlet in the state.

The homeowners association for a half-developed, rapidly eroding 10-lot subdivision on the east end of Sunset Beach now has approval to add on to an existing sandbag wall put in place two years ago to protect the only road in, after the state Division of Coastal Management had denied a permit.

During its online meeting Wednesday, the state Coastal Resources Commission approved the Palm Cove Homeowners Association’s request for a variance, reversing the division’s denial last year of a Coastal Area Management Act Major Permit.

The division in December denied a permit to add sandbags to make the wall 5 feet wider, or 25 feet wide, and 6 feet taller, or 12 feet above mean high water, because it would be larger than rules allow.

Commission Chair Renee Cahoon voted in favor of the variance, but said she worried that approval would lead to further development in the subdivision. A single private road built in 2005 bisects the 10 lots, four of which have houses with another house currently under construction.

“Are we then encouraging more development of the other five lots while they’re searching for an answer in an area that has a 29-foot erosion rate per year? Hopefully not.” she said.

Todd Roessler, the homeowners association’s attorney, responded, saying he hoped not too.

“With that water coming up against the sandbags. I would hope a prudent landowner would make an informed decision at this point,” he said.

He said that the association was considering a long-term solution, namely, realigning the channel to move it away from the shoreline.

The commission’s approval came with conditions recommended by division staff, including that if any long-term erosion-control measures were to be put into place, then all sandbags above grade and exceeding size limitations must be removed within six months. Also, rather than using mean high water as a measurement for the additional sandbags, the road bed must instead be used as the reference elevation, limiting the sandbag wall to a maximum height of 2.5 feet above the road surface.

The votes were unanimous for three of the four criteria for the variance, but commission members Craig Bromby and Lauren Salter, without comment, voted no on the fourth criteria, which included the conditions.

Palm Cove was subdivided in 2004 and is bordered by the Eastern Channel of Jinks Creek to the north, Tubbs Inlet to the east, the Atlantic Ocean to the south, and residential lots to the west.

In December 2019, residents saw that erosion on the Jinks Creek shoreline was compromising a fire hydrant by the road. The county subsequently removed the hydrant, which the homeowners association claimed was improperly done and left a depression that made the area more vulnerable to erosion.

To protect the road, the association requested a permit in early 2020 to build the current sandbag wall. The 6-foot by 20-foot wall extends 1,000 feet east-west along Jinks Creek.

According to a report by an engineer contracted by the homeowners association, Coastal Planning & Engineering of Wilmington, the road and right-of-way continue to be imminently threatened by erosion.

The report also notes that erosion along the Palm Cove shoreline worsened between 2019 and 2020, with the estuarine shoreline receding by about 29 feet. That’s compared to the previous four years’ average of about 16 feet per year.

A bill in the North Carolina General Assembly would hold Chemours Co. financially liable for contaminating drinking water supplies in the Cape Fear region.

Rep. Ted Davis Jr., R-New Hanover, recently introduced House Bill 1095, which would authorize the Environmental Management Commission to adopt maximum levels of per- and polyfluoroalkyl substances, or PFAS, safe for human consumption. It would then give the state environmental secretary power to order the responsible party to pay a public water system for any unnecessary costs to remove, correct or evade any adverse effects on the water supply from PFAS contamination.

Rep. Frank Iler, R-Brunswick; Rep. Charles Miller, R-Brunswick-New Hanover; and Minority Democratic House Leader, Rep. Robert Reives II, D-Durham, are cosponsors.

Davis, speaking during a press conference Thursday, said that in North Carolina, everyone should have access to clean drinking water.

“For too long residents in my legislative district in New Hanover County have dealt with contamination from a known polluter,” he said, adding that residents in other nearby counties had the same concerns.

Residents shouldn’t have to pay for safe water when there is a known responsible party for contamination, Davis said, referring to the Chemours Co.’s Fayetteville Works facility in Bladen County.

“Since 2017, the public water system has incurred enormous expenses to identify and install treatment methods to reduce the PFAS contamination in the drinking water that they give to their customers to consume,” Davis said. “The intent of House Bill 1095 is to make such calls payable by a responsible party and not the ratepayers of that public system.”

The bill passed a first reading May 27 and was referred to a House judiciary committee that met Thursday after the press conference.

The measure would include a $2 million appropriation to the Department of Environmental Quality for implementation of the bill’s provisions and $2 million to the North Carolina Collaboratory to research the maximum contaminant levels that the department would establish for PFAS. The bill would provide retroactive relief to Jan. 1, 2017, the year the news of PFAS contamination was first reported by the Wilmington StarNews.

DEQ Secretary Elizabeth Biser also spoke Thursday during the press conference, saying that the department was committed to addressing the contamination by holding polluters accountable and protecting communities from the effects of PFAS contamination. She said the adoption of enforceable drinking water standards for PFAS would be a critical step forward because there are no federal drinking water standards for PFAS.

Davis said the bill would apply only to businesses in North Carolina that manufacture PFAS and discharge it into the environment, affecting public water systems. The measure would not apply to fire departments that use PFAS-containing firefighting foam.

The North Carolina League in Municipalities supports the measure, as do utilities officials. Brunswick County Public Utilities Director John Nichols and Cape Fear Public Utility Authority Executive Director Kenneth Waldron expressed support for the bill during a public comment portion of the judiciary committee meeting. Both utilities are spending millions to make the water safe to drink. Brunswick is working on a $100 million upgrade and Cape Fear has invested $46 million to date.

Chemours opposes the measure. Jeff Fritz, the company’s state government affairs lead, called it unnecessary. He said the bill would “undermine due process.”

The North Carolina Manufacturers Alliance and NC Chamber are also among the bill’s opponents.

The state is asking for public comment on a proposed plan to administer $100.5 million in federal funds appropriated in the state budget for stormwater projects.

Through the North Carolina Department of Environmental Quality’s Division of Water Infrastructure, the money is for cities, counties, their regional councils of government and nonprofit partners for projects to improve or create infrastructure for controlling stormwater quantity and quality.

The proposed plan describes how the funds will be administered, eligibility requirements, and draft priority rating systems for both stormwater construction projects and stormwater planning projects. The proposed plan may be viewed online.

The state is accepting comments until 5 p.m. June 3. Submit comments by email to dwi.publiccomments@ncdenr.gov with “Comments on Division of Water Infrastructure Proposed Plan for Stormwater Funding” in the subject line, or by mail to Cathy Akroyd, Division of Water Infrastructure, 1633 Mail Service Center, Raleigh, NC 27603.

The grants are administered from the Local Assistance for Stormwater Infrastructure Investments fund.

The money must be spent by the end of 2026.

The funding is part of the $1.69 billion appropriated by the North Carolina General Assembly from the state’s allocation of the American Rescue Plan Act for drinking water, wastewater, and stormwater investments. Information about the drinking water, wastewater and stormwater funding administered by the Division of Water Infrastructure is available at: https://deq.nc.gov/about/divisions/water-infrastructure

The state Secretaries’ Science Advisory Board is expected to receive toxicity assessments for per- and polyfluoroalkyl substances, or PFAS, when it meets in June.

The meeting is at 10 a.m. Monday, June 6, in the ground-floor hearing room of the Archdale Building in Raleigh. The public may join in person or listen by phone or online.

In addition to toxicity assessments for PFAS, board members are expected to hear about potential scientific assessment methods for PFAS in the state with limited or no toxicity data, as well as updates from the Department of Environmental Quality and Department of Health and Human Services. For more details, view the agenda.

The public can view the meeting online or call 1-415-655-0003 to listen by phone. Use access code 2433 335 9266. Mute telephone upon entering.

The meeting will include an opportunity for in-person public comment. Registration will be available on-site.  

The Secretaries’ Science Advisory Board includes 13 members with expertise in toxicology, public health, ecology, engineering and other related fields. Board members assist the departments of Environmental Quality and Health and Human Services by recommending reviews and evaluations of contaminants, acting as consultants on DEQ’s determinations to regulate contaminants, and helping the agencies identify contaminants of concern and determine which contaminants should be studied further. 

North Carolina State University and the National Hurricane Center researchers are predicting this year’s hurricane season, which begins June 1, to be above-average and North Carolina Department of Transportation officials are taking steps to prepare.

The department has a new system that will allow officials, for the first time, to analyze, map and communicate in real time any flood risks to roads, bridges and culverts, the state announced Monday.

The advanced flood-warning system relies on a network of 400 river and stream gauges and will help NCDOT maintenance staff respond to flooded roads and washed-out culverts. The system also will benefit local emergency management officials and the public using the department’s DriveNC.gov website for weather-related closures.

One part of the new early flood-warning system covers almost 3,000 miles of state-maintained roads, mostly east of Interstate 95. The system also will allow NCDOT to monitor flood conditions for around 15,000 bridges and culverts statewide.

“This state-of-the-art warning system our department has created will help us be better prepared for the next major storm,” Transportation Secretary Eric Boyette said in a statement. “Even though we’ve had some quiet hurricane seasons recently, we cannot let our guard down.”

Hurricane Florence was the last major storm to impact the state’s road network. After the storm hit in 2018, North Carolina Legislature gave NCDOT a $2 million grant to develop software and install more flood gauges.

The system uses information collected by existing gauges operated by other agencies, such as the North Carolina Emergency Management and the U.S. Geological Survey.

The system includes an interactive online dashboard and flood mapping based on three-dimensional ground surveys. The agency’s Hydraulics Unit has been fine-tuning the system and training staff on it with smaller storms over the past year.

The state agency recently has formed a partnership with the University of North Carolina Chapel Hill’s Renaissance Computing Institute and the U.S. Department of Homeland Security’s Coastal Resilience Center of Excellence to receive forecast modeling data on how storm surge may affect the state’s road network in coastal areas.

NCDOT also has been preparing for the hurricane season by reviewing procedures and conducting exercises internally and with partner agencies.

Some highway divisions with coastal counties held employee training events this spring to review response and recovery operations. All of the agency’s 14 highway divisions have been taking inventory of supplies, doing maintenance on chainsaws and other equipment, and readying emergency on-call contracts that will supplement what NCDOT employees do in responding to a storm.

State transportation officials remind residents that now is the time to prepare supplies for the possibility of an extended power outage, restricted traveling, or the need to be at a shelter. The state Emergency Management maintains a comprehensive list of items to include in an emergency supply kit.

After a storm passes, people should remember to never drive through flooded waters or around barricades. It only takes a foot of water to sweep a vehicle away, officials said.

For more preparation tips, including evacuation routes and evacuation zones by coastal county, visit ReadyNC.org and also watch this short video on how to prepare for severe weather.

Public hearings will be held next month on a state draft discharge permit for Chemours’ proposed groundwater treatment system at its Fayetteville Works facility.

Contaminated groundwater is flowing from the Bladen County-based plant into the Cape Fear River, a drinking water source for tens of thousands of people who live down river in Columbus, Pender, Brunswick and New Hanover counties.

Under the 2022 addendum to a consent order with the N.C. Department of Environmental Quality and Cape Fear River Watch, Chemours must install a more-than-mile-long underground barrier wall parallel to the river to intercept contaminated groundwater.

The groundwater will be collected through a series of extraction wells and pumped to a wastewater treatment system.

The draft state wastewater permit under the National Pollutant Discharge Elimination System, or NPDES, requires the treatment system remove at least 99% of per- and polyfluoroalkyl substances, or PFAS, from entering the Cape Fear River.

PFAS are a group of thousands of synthetic compounds widely used in a variety of consumer products, including nonstick cookware, firefighting foam, water-repellent clothing, lubricants, stain-resistant carpets, paints, cosmetics and fast-food packaging.

Research is being conducted to try and understand possible health implications associated with ingesting and breaking down these forever chemicals.

North Carolina-based research indicates at least some PFAS affects immune systems, but thousands of the compounds have yet to be studied.

The Division of Water Resources is holding an in-person public hearing on the draft NPDES permit at 6 p.m. June 21 at Cape Fear Community College, Union Station, first floor auditorium, 411 N. Front St., Wilmington. Speaker registration opens at 5 p.m.

An online meeting will be held at 6 p.m., June 23. Log on to https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e6a3cebefc6af2776f229c3d4f2c74da9. The event number is 2421 589 1484 and the password is NCDEQ. Participants may also phone in by dialing +1-415-655-0003, Access code: 2421 589 1484. Speakers may register by noon June 23 at https://forms.office.com/g/YEqDLDDDp7

Contact Peter Johnston if you have issues registering online at 919-707-9011 or email peter.johnston@ncdenr.gov.

The division is accepting comments on the proposed permit through 5 p.m. June 24 by email to publiccomments@ncdenr.gov with CHEMOURS noted in the subject line or by mail to Wastewater Permitting, Attn: Chemours Permit, 1617 Mail Service Center, Raleigh, NC 27699-1617.

You do not need to resubmit comments if you sent them in during the previous comment period between March 25 and May 2.

The North Carolina Marine Fisheries Commission, when it meets later this month in Beaufort, is expected to consider final approval of Amendment 3 to the Southern Flounder Fishery Management Plan.

A final vote is also expected on the N.C. Fishery Management Plan for Interjurisdictional Fisheries Information Update.

The in-person meeting is set to begin at 6 p.m. Wednesday, May 25, and at 9 a.m. Thursday, May 26, at the Beaufort Hotel, 2440 Lennoxville Road. The meeting will also be livestreamed on YouTube.

Amendment 3 includes management measures that are based on the 2019 southern flounder stock assessment and requires a minimum of 52% reduction in total removals to rebuild the spawning stock within 10 years.

The interjurisdictional fisheries plan information update is a required five-year review to determine whether management measures comply with North Carolina law in protecting the long-term viability of the state’s commercially and recreationally significant species or fisheries. The plan originally adopted in 2002 and amended in 2008 covers 21 species or species groups jointly managed by regional councils, the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission.

Agenda items also include the selection of preferred management for Amendment 2 to the Estuarine Striped Bass Fishery Management Plan and a presentation on the 2022 Striped Mullet Stock Assessment Report.

In-person public comment sessions are planned for 6 p.m. May 25 and near the beginning of the meeting Thursday, May 26. Public comment will not be taken through web conference.

Officials said the following information pertains to in-person public comment:

• Those who wish to speak may sign up at the hotel beginning at 4:30 p.m. Wednesday, May 25.
• To accommodate as many speakers as possible, the chair will limit each speaker to 3 minutes.
• Those making comments will be asked to speak only once, either Wednesday night or Thursday morning, but not during both public comment periods.
• Those who wish to submit handouts to the commission during a public comment period should bring at least 12 copies to the meeting.

The public may also submit written comments via the following methods:

• An online form accessible through the Marine Fisheries Commission Meeting webpage.
• Mail to May 2022 Marine Fisheries Commission Meeting Comments, P.O Box 769, Morehead City, NC 28557.
• Dropped off at the Division of Marine Fisheries’ Morehead City Headquarters Office at 3441 Arendell St., Morehead City.

Written comments must be received by 4 p.m. Monday, May 23.

The YouTube link for the meeting is to be posted on the Marine Fisheries Commission Meeting webpage. After the meeting, a recording is to be posted online.

View an aerial photo of the free parking area. Valet parking is $15. Tell the valet you are attending the Marine Fisheries meeting.

Update from NCDEQ May 10: The Bald Head Wood Local Advisory Committee meeting has been changed from 10 a.m. to 2 p.m. May 18.

Original post:

The local advisory committees of eight North Carolina Coastal Reserve and National Estuarine Research Reserve sites will hold meetings later this month.

The North Carolina Division of Coastal Management, a division of the North Carolina Department of Environmental Quality, oversees the reserve program established in 1989 to protect natural areas for education, research and compatible traditional uses.

These committees offer reserve staff guidance and feedback regarding program activities and management of the 10 reserve sites totaling more than 44,000 protected acres.

The following meetings, all open to the public, are scheduled:

• Bald Head Woods Reserve 10 a.m. May 18 in the Bald Head Island Conservancy’s Media Center, 700 Federal Road, Bald Head Island.
• Zeke’s Island Reserve 11 a.m. May 20 in North Carolina Aquarium at Fort Fisher,
  900 Loggerhead Road, Kure Beach.
• Bird Island Reserve 2 p.m. May 20 in Sunset Beach Town Hall – Conference Room
  700 Sunset Boulevard North, Sunset Beach.
• Currituck Banks Reserve 2 p.m. May 23 in Outer Banks Center for Wildlife Education
  1160 Village Lane, Corolla.
• Kitty Hawk Woods Reserve 10 a.m. May 24 in Kitty Hawk Town Hall, 101 Veterans Memorial Drive, Kitty Hawk.
• Masonboro Island Reserve 10 a.m. May 25 in University of North Carolina Wilmington Center for Marine Science Habitat Room, 5600 Marvin Moss Lane, Wilmington.
• Buxton Woods Reserve noon May 25 in Fessenden Center, Buxton.
• Rachel Carson Reserve 3 p.m. May 26 in NOAA Beaufort Laboratory – Reserve Classroom, 101 Pivers Island Road, Beaufort.

Local advisory committee meetings for Emily and Richardson Preyer Buckridge Reserve in Tyrrell County and Permuda Island Reserve in southeast Onslow County will be in the fall.

Chemours has been ordered by the state to further expand its drinking water well sampling in New Hanover, Brunswick, Pender and Columbus counties and to prioritize specific areas for immediate sampling.

The North Carolina Department of Environmental Quality is hosting a public meeting at 6 p.m. Monday at the Lumina Theatre on the University of North Carolina Wilmington campus to share sampling information and answer questions about well sampling in the Lower Cape Fear River area. Organizers suggest parking in Visitor Lot M, 4941, Riegel Road.

After its review of Chemours’ Interim Four Counties Sampling and Drinking Water Plan submitted April 1, North Carolina Department of Environmental Quality officials in a letter Monday wrote that the department collected additional groundwater data from the lower Cape Fear region showing the presence of a type of per- and polyfluoroalkyl substances, or PFAS, in a number of nonwater supply wells. The Cape Fear River is a drinking water source for area residents.

NCDEQ charged Chemours with updating the interim plan to incorporate the new data and taking the following additional steps:

• Prioritize the identification and expeditious sampling of private wells within one-quarter of a mile of public water distribution lines and sanitary sewer network.
• Prioritize the identification and expeditious sampling of private wells within one-quarter of a mile of the detections shown in monitoring data provided by NCDEQ.
• Provide a detailed description of the representative sampling methodology, including justification for any exclusionary criteria.
• Provide a timeline to expeditiously complete sampling in the four counties.
• Increase reporting on the sampling activities from quarterly to monthly.

The interim plan for sampling private wells and implementing mitigation measures in New Hanover, Brunswick, Columbus and Pender counties is in response to a Nov. 3, 2021, notice from NCDEQ about Chemours’ obligations under the the February 2019 consent order with the state and Cape Fear River Watch.

“As around the Chemours facility, the priority in the Lower Cape Fear counties is to identify impacted drinking water wells with these PFAS and to provide alternate drinking water as required by the Consent Order,” according to the May 2 letter.

Lisa Randall, Regional Communications Lead for Chemours, told Coastal Review Wednesday, “We look forward to continuing to work with NCDEQ regarding our downstream four-county sampling and drinking water program.  In the interim, we are implementing the revised plan; reaching out to homeowners and others that are located within the targeted areas.”

Officials respond to public call for hearing

The Division of Water Resources says it will hold a hearing, as requested by the public, on the draft discharge permit for a proposed treatment system at the Chemours facility that officials say would substantially reduce PFAS entering the Cape Fear River through contaminated groundwater at the site.

A public comment period on the proposal ended May 2.

Division officials said details on the public hearing for the draft discharge permit are to be announced with the required 30-day public notice.

The National Pollutant Discharge Elimination System, or NPDES, wastewater permit is part of the required actions to prevent residual PFAS pollution from entering the Cape Fear River, outlined in the 2020 addendum to the 2019 consent order. 

The consent order requires Chemours to address the contamination by installing an underground, barrier wall for more than a mile along the Cape Fear River. The proposed wall is to intercept contaminated groundwater from the facility before it reaches the river, where a series of extraction wells will pump the captured groundwater to a treatment system required to remove more than 99% of PFAS, according to NCDEQ.

“Regarding the Outfall 004 permit, we value the opportunity for the public meeting to address misperceptions that appear to exist, and to clarify the reductions in legacy PFAS reaching the Cape Fear River, which our work is addressing,” Randall said.

Chemours has also requested to modify an existing permit with the Army Corps of Engineers to build the barrier wall and treatment system. Public comment is being accepted until June 1.

Related: Chemours asks to build barrier wall to slow PFAS

Cape Fear Public Utility Authority submitted Monday comments to NCDEQ with concerns regarding the draft discharge permit “that would allow Chemours to discharge treated water mainly from wells at the site extracting groundwater with high levels of PFAS,” according to a release Tuesday.

“In March, NCDEQ announced it was accepting comments on a draft National Pollutant Discharge Elimination System (NPDES) wastewater permit that would allow Chemours to discharge as much as 2.9 million gallons per day of effluent containing certain levels of PFAS, including GenX, into the Cape Fear River,” CFPUA officials said.

‘Neighbors’ campaign

In recent months, Chemours has launched a campaign, Chemours Neighbors, committing to community involvement and investment.

The company has a petition on its Chemours Neighbors website asking for support of the draft discharge permit “to help build the wall and help improve the quality of life for our communities.”

Dana Sargent, executive director of Cape Fear River Watch, told Coastal Review Wednesday that Chemours is using the draft permit “to promote their ‘Good Neighbor’ nonsense — pretending they’re doing this out of the goodness of their hearts and leaving out that this wall and the reductions to groundwater contamination into the river is required by court order under the consent order.”

Chemours is asking people to sign the petition to support “their effort” to clean up the river by supporting DEQ’s draft permit. “They support the draft because it would allow them continue to dump more PFAS than the law requires into the river and drinking water supply for 500,000 people,” she said.

In January, Chemours issued the following statement about the campaign:

“Chemours has done a significant amount of work to reduce emissions and complete remediation activity at our Fayetteville site in the past four years. Messages in our ad campaign are meant to keep the public informed about the work we are doing — exactly the type of information our communities around the plant and downstream have asked us about.”

Information on the proposed treatment system, the reductions required by the consent order, and links to the draft permit documents are online.

WILMINGTON – The top executive of the North Carolina Ports Authority is expected to make a presentation during the meeting this week of the state offshore wind task force.

The North Carolina Taskforce for Offshore Wind Economic Resource Strategies, or NC Towers, advises Gov. Roy Cooper and policymakers on advancing offshore wind energy development and its associated economic development and job creation for the state.

State Ports Authority Executive Director Brian Clark, one of 28 task force members, is first up on the agenda for the meeting set for 9:30 a.m. Thursday at Aloft Wilmington at Coastline Center, 501 Nutt St., Wilmington.

The discussion follows recent news reports of efforts to tout the authority’s Radio Island property at the Morehead City port as a terminal to support offshore wind development. The site includes deep-water access a short distance from the ocean and space for manufacturing and warehouse facilities, along with outdoor spaces for the enormous turbine components.

Efforts to promote Radio Island as a terminal for offshore wind development have been going on for more than a year. Then-Carteret County Economic Development Director Don Kirkman made a presentation in May 2021 to the city council to encourage local support for any as-yet unannounced plans for development of Radio Island as a staging area for turbine parts manufactured elsewhere or as a port-based manufacturing site for components.

Kirkman said at the time that Radio Island was years away from being ready to support the offshore win industry.

Also during the meeting Thursday, North Carolina Dept. of Commerce Assistant Secretary for Clean Energy Development Jennifer Mundt, a member of the NC Towers staff, is expected to provide an update on the Carolina Long Bay, or Wilmington East, leasing area for offshore wind.

The Department of the Interior announced March 25 that it had completed its environmental review and would hold a wind energy auction May 11 for two lease areas totaling 110,091 acres in the Carolina Long Bay area. If developed, federal officials say they could result in at least 1.3 gigawatts of offshore wind energy, or enough to power nearly 500,000 homes. 

Officials said the auction would allow offshore wind developers to bid on one or both lease areas in the Wilmington East area. The two lease areas are similarly sized and distanced from shore and have similar energy potential.

Cooper established NC TOWERS in June 2021 by executive order.

This post has been updated

Along with hot summer days comes the possibility of algal blooms in state waters.

The North Carolina Department of Environmental Quality Division of Water Resources reminded the public Monday to avoid contact with discolored water that could indicate the presence of an algal bloom.

Certain algae can create toxins that can lead to adverse health effects in humans, pets and aquatic organisms. Blooms that can cause negative effects on people, animals and the environment are called harmful algal blooms. You cannot tell by looking at a bloom whether it is harmful, state officials said.

While algae are a natural occurrence in all waterbodies, certain environmental conditions can cause rapid cell growth called blooms. These conditions include increased nutrients, such as nitrogen and phosphorus, elevated temperatures, increased sunlight, and low or no water flow.

“Algal blooms can occur throughout the year, but conditions during the warmer months help to increase the number of blooms that occur,” Daniel Wiltse, Algae bloom response coordinator with the Division of Water Resources, said in a statement. 

Algal blooms can appear as surface scums, which look like spilled paint and can be bright green, red, brown or blue. Blooms can also appear as dense, macroscopic growths called algal mats that float on the water surface, or discoloration throughout the water column. Bloom movement is dictated by wind and wave action. Decaying algae may produce a strong, foul odor across a large area.

The North Carolina Department of Health and Human Services, Division of Public Health encourages the public to avoid contact with large accumulations of algae and to prevent children and pets from swimming or ingesting water in an algal bloom. Remember: when in doubt, stay out!

Division of Public Health staff suggests the following steps to safeguard against algal blooms:

• Keep children and pets away from water that appears bright green, blue, discolored, or scummy.
• Do not handle or touch large mats of algae.
• Avoid handling, cooking, or eating dead fish that may be present.
• If you come into contact with an algal bloom, wash thoroughly.
• Use clean water to rinse off pets that may have come into contact with an algal bloom.
• If your child appears ill after being in waters containing an algal bloom, seek medical care immediately.
• If your pet appears to stumble, stagger, or collapse after being in a pond, lake, or river, seek veterinary care immediately.

To report an algal bloom, contact the nearest DEQ regional office or submit a report online. To view reported algal bloom events, visit DWR’s Fish Kill & Algal Bloom Dashboard.

To learn more about algal blooms visit the DWR website. For more information on the potential health effects from algal blooms, visit the DPH website.

Nine projects have been awarded a total of nearly $1 million from the North Carolina Department of Environmental Quality’s Division of Air Quality to reduce air pollution from diesel-powered mobile sources.

The $937,854 in grants is to replace 11 vehicles across the state, two of which are on the coast, with cleaner alternatives, reducing estimated emissions of nitrogen oxides by 23.5 tons over their lifetimes, state officials said Thursday.

Mobile sources are any type of vehicle that can pollute the air, including automobiles, trucks, buses, locomotives, motorcycles, off-road vehicles, construction equipment and lawnmowers.

On the Outer Banks in Currituck County, Caps Marine has been awarded a grant of $18,250 to replace a Tier 1 skid loader with a Tier 4 track loader with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 0.15 tons.

In New Hanover County, Southeast Crescent Shipping has been awarded $92,710 to replace a diesel forklift with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 7.6 tons.

Awards across the state

A grant was awarded to the town of Chapel Hill for $211,740. These funds will be used to replace one diesel refuse truck with a new electric refuse truck. This project is to eliminate the greenhouse gas emissions and 0.3 tons of nitrogen oxide emissions associated with an internal combustion engine.

Hirschbach Motor Lines in Bladen County was awarded $152,460 to replace two diesel yard spotters with two electric yard spotters. This project is to eliminate the greenhouse gas emissions and 0.9 tons of nitrogen oxide emissions associated with internal combustion engines.

Estes Express in Mecklenburg County was awarded $130,500 to replace a diesel yard tractor with an electric yard tractor. This project is to eliminate greenhouse gas emissions and 5.1 tons of nitrogen oxide emissions associated with an internal combustion engine.

Greensboro was awarded a grant for $125,000 to replace a diesel front-end loader with new, cleaner technology. This project reduces nitrogen oxide emissions by 2.4 tons. The city also was awarded $122,240 to replace a diesel dozer with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 2.2 tons.

Estes Express in Cleveland and Cumberland counties was awarded $50,740 to replace two diesel short-haul combination trucks with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 4.3 tons.

Greenville Utilities Commission in Pitt County was awarded $34,150 to replace a wire wheel loader with new, cleaner technology. This project is to reduce nitrogen oxide emissions by 0.5 tons.

DEQ is awarding the grants through the Mobile Source Emissions Reduction program, which is funded by the U.S. Environmental Protection Agency’s Diesel Emissions Reduction Act program. The purpose of the program is to support projects designed to achieve significant diesel emissions reductions. These funds are supplemented with North Carolina Volkswagen Mitigation Trust funds.

For more information about the Mobile Sources Emissions Reduction grant program, please visit the state Division of Air Quality’s website at deq.nc.gov/DERA or email daq.mscb.ncdaqgrants@ncdenr.gov.

The state Coastal Resources Commission is expected to consider allowing accessible beach mats in Kure Beach when it meets April 27 in Manteo.

The commission is also expected to consider several amendments to rules, including the general permit for beach bulldozing and the elevation of structures.

The meeting is set for 9 a.m. Thursday at the Dare County Government Complex. A public input and comment period is scheduled for noon. At the chair’s discretion, comments may be limited to three minutes per person.

Kure Beach is asking for a variance request to use Americans with Disabilities Act-compliant beach-accessibility mats at the end of three beach access points. The mats would be in place from May through September to provide access for individuals with mobility issues.

The commission in 2021 approved similar requests from Carolina Beach and Topsail Beach.

The commission is also to consider approval of amendments to beach management plans, shoreline access polices and structural boat covers. Also on the agenda is an overview of North Carolina’s estuarine shoreline rules and stabilization as well as Virginia’s, proposed changes to Coastal Area Management Act land use planning program consistency determinations, and proposed extension of the general permit timeframe.

The Coastal Resources Advisory Council, which advises the commission, meets the day before at 2 p.m. The meeting Wednesday is also at the government complex.

In addition, two public hearings on Inlet Hazard Area updates are scheduled. The first is at 11 a.m. Wednesday at Hyde County Government Center, 30 Oyster Creek Road, Swan Quarter; and at 4 p.m. Wednesday at the Dare County Government Center, 954 Marshall C Collins Drive, Manteo.

The commission’s proposed updates intend to minimize the loss of property and human life by establishing development setbacks between structures and the Atlantic shoreline, according to the state Department of Environmental Quality’s Division of Coastal Management, which provides staff to the commission, implements rules and issues CAMA permits.

A full meeting agenda and briefing materials can be found on the commission website. Times indicated on the agenda for individual items are subject to change.

The North Carolina agency responsible for distributing Hurricane Florence disaster relief handed out tens of millions in funding with limited oversight on how recipients spent the money.

The North Carolina Department of Public Safety, or DPS, did not independently verify how state agencies, the university and community college systems, and nonprofit Golden LEAF Foundation, spent $502 million in disaster recovery funds, according to a newly released report from the North Carolina Office of State Auditor.

That office also concluded that DPS, which distributed the funds, did not make sure recipients of $783 million had a way to track how the money was being spent and whether those entities were meeting their recovery goals.

“As a result, there was an increased risk that recipients could have misused funds without the misuse being detected and corrected timely,” according to the April audit. “Additionally, DPS was limited in its ability to know whether funds were achieving legislatively intended results and to take timely corrective action, if necessary.”

The funds — $942.4 million — were a result of the legislative-approved October 2018 Hurricane Florence Emergency Response Act.

This legislation led to the creation of the North Carolina Office of Recovery and Resiliency, a DPS program responsible for providing general disaster recovery coordination and public information, outreach and application case management for residents, program and construction management services, audit, finance, compliance, and reporting on disaster recovery funds, and reporting the use, oversight and results achieved by those funds.

As of Jan. 31, 2021, DPS had distributed $783 million from the disaster recovery fund, money that was used to reimburse the costs of recovery efforts of state agencies, higher education institutions and a non-profit foundation.

Recipients of the funds were required to submit reports that included a summary of program activities and how much was spent to date to DPS on a quarterly basis.

An audit of quarterly reports from 14 recipients that administered 51 programs through January 2021 found that only 8%, four of the 51 programs, did not report what they would do with the funds for all programs, according to the report.

Sixteen of 51 programs totaling $262 million did not measure their progress on meeting their objectives.

DPS does not know whether $147 million disbursed to seven recipients used the money for repairs and renovations at public schools, universities and community colleges, counties and local governments, and volunteer fire departments. Or, whether $8 million allocated to higher education institutions was used to cover grants to assist students from disaster-declared counties pay for tuition, fees and emergency expenses.

Audit tests also show that it is unknown whether $11 million funneled to DPS was used to provide disaster housing recovery support programs for homeowners.

In his March 29 response to State Auditor Beth Wood, DPS Secretary Eddie Buffaloe Jr. wrote that the department is limited in withholding funds or providing oversight on grants.

“It is certainly our intention to comply with subrecipient monitoring standards and maintain proper program accountability within our legal authority,” he wrote.

The audit concludes, “This is not true,” saying that DPS did verify spending of recipients who turned in supporting documents between Nov. 1, 2018, through July 31, 2019.

The audit states that Hurricane Florence legislation required DPS to administer funds, which are defined as “to manage or supervise the execution, use, or conduct of.”

“Without monitoring, it would be difficult to ensure that the funds were used for authorized purposes or that the provisions and legislative intent of the Hurricane Florence Recovery legislation were carried out,” according to the audit. “The Governor, Legislators and the citizens of North Carolina should consider this clarification when evaluating DPS’s response to the audit finding.”

The state auditor recommends DPS do the following:

• Monitor recipients’ spending to ensure funds are being spent in accordance with the law.
• Develop policies and procedures to ensure each recipient identifies objectives for what they will do with the funds and track whether they’re meeting those objectives.

The audit also recommends that the General Assembly consider instituting monitoring requirements in the future for Hurricane Florence recovery funds or other emergency relief funds.

The state Department of Environmental Quality Secretary’s Environmental Justice and Equity Advisory Board will hold a special, online meeting at 6 p.m. May 10 on the topic of cumulative impacts.

Cumulative impacts are the combined, incremental effects of human activity, according to the Environmental Protection Agency.

The public can attend online through WebEx. To listen by phone, call 1-415-655-0003. Use access code 2430 824 0075 and password is NCDEQ.A public comment period will be held during the meeting. To speak, sign up, use the online form by 4 p.m. May 10.

The quarterly business meeting for the advisory board is scheduled for May 19. Additional details are to be announced.

Members of the board were selected from across the state. To view a full list of members and additional meeting materials visit the webpage.

State transportation officials say that shoaling in the channel navigated by the Hatteras-Ocracoke ferry route is critical and limiting travel just as the busier spring schedule begins.

The N.C. Department of Transportation’s Ferry Division said Monday that the number of scheduled runs increases Tuesday from 18 to 26 daily departures from each side. The schedule is as follows:

• From Hatteras: 5 a.m., 6 a.m., 7 a.m., 8 a.m., 8:30 a.m., 9 a.m., 10 a.m., 10:30 a.m., 11 a.m., 11:30 a.m., noon, 1 p.m., 1:30 p.m., 2 p.m., 2:30 p.m., 3 p.m., 4 p.m., 4:30 p.m., 5 p.m., 5:30 p.m., 6 p.m., 7:30 p.m., 8 p.m., 9 p.m., 11 p.m., midnight.
• From Ocracoke: 4:30 a.m., 6:30 a.m., 7:30 a.m., 8:30 a.m., 9:30 a.m., 10 a.m., 10:30 a.m., 11:30 a.m., noon, 12:30 p.m., 1 p.m., 1:30 p.m., 2:30 p.m., 3 p.m., 3:30 p.m., 4 p.m., 4:30 p.m., 5:30 p.m., 6 p.m., 6:30 p.m., 7 p.m., 7:30 p.m., 9 p.m., 9:30 p.m., 10:30 p.m., midnight.

Officials noted that while the number of departures is increased, critical shoaling issues in Sloop Channel outside the Ocracoke ferry terminal have limited the size of ferries that can safely operate on the route. The problem has forced ferry officials to reduce the number of vehicles that can be carried on each departure, leading to longer-than-usual wait times.

“We understand and sympathize with the recent frustrations travelers are experiencing on the Hatteras route,” said Ferry Division Director Harold Thomas. “However, safety is our number one priority, and until water depths reach an adequate level in Sloop Channel, our smallest boats are the only option.”

The Ferry Division is working with the U.S. Army Corps of Engineers to have the area dredged as soon as possible, officials said. Until then, passengers on the Hatteras route may experience wait times as long as two hours or more. However, motorists can avoid lengthy wait times by considering the following options:

• Avoid peak travel times. At the Hatteras terminal, peak congestion occurs on weekdays between 10 a.m. and 6 p.m., and at the Ocracoke terminal between 4 p.m. and midnight.
• Consider accessing Ocracoke via the Cedar Island or Swan Quarter routes. Those routes accept reservations and vessels have larger carrying capacities.

The full summer schedule for the Hatteras ferry route begins May 17.

The N.C. Division of Marine Fisheries said it will begin renewing commercial fishing, seafood dealer, and for-hire licenses and permits on April 18.

The division announced Friday that it is mailing to current license and permit holders renewal packets that include an application and a self-addressed, postage-paid envelope. Renewals may be completed by mail, drop-box, or in person by appointment.

Drop boxes and appointments are available at the following division locations:

• Division headquarters — 3441 Arendell St., Morehead City. Phone: 252-726-7021 or 800-682-2632.
• Manteo Field Office — 1021 Driftwood Drive, Manteo. Phone 252-473-5734 or 800-405-7774.
• Pamlico District Office — 943 Washington Square Mall, Highway 17, Washington. Phone: 252-946-6481 or 800-338-7804.
• Southern District Office — 127 Cardinal Drive Extension, Wilmington. Phone: 910-796-7215 or 800-248-4536.

Officials said those who have questions or wish to make an appointment should call their local license office at the number listed above or email License@ncdenr.gov. Office hours are 8 a.m. to 5 p.m., Monday through Friday.

The license office in the Elizabeth City office is permanently closed and cannot accept renewal applications.

Commercial fishing, seafood dealer and for-hire licenses and permits dated 2022 expire June 30. The 2023 licenses and permits become effective July 1.

Coastal Recreational Fishing Licenses expire based on the date of purchase. Recreational fishing and hunting licenses can be purchased or renewed online at www.ncwildlife.org, by calling N.C. Wildlife Resource Commission at 1-888-248-6834 during office hours, or at a many outdoor shops, Find a license agent in your area.

BAYVIEW – The N.C. Department of Transportation’s Bayview-Aurora ferry route will be running limited schedules for two weeks to make what the department described as “vital repairs” to the gantry systems at both terminals.

Repairs are being made this week at the Aurora terminal and the ferry schedule is as follows:

From Bayview: 5:45 a.m., 7:15 a.m., 5:40 p.m.

From Aurora: 6:30 a.m., 5 p.m., 6:15 p.m.

During the week of April 18, repairs are to begin on the Bayview side, and the schedule will be as follows:

• From Bayview: 5:45 a.m., 7:15 a.m., 5:40 p.m.
• From Aurora: 6:30 a.m., 8 a.m., 5 p.m., 6:15 p.m.

The department said the route will resume its regular schedule as soon as the repairs are complete.

Students and graduates from historically Black colleges and universities can now apply for the North Carolina Department of Transportation’s 2022 internship and fellowship programs.

The department’s HBCU and Minority Institutions of Higher Education Internship Program provides hands-on experience for students attending HBCUs or minority-serving institutions.

Summer internship applications are being accepted through April 14 and the fellowship applications through April 15. Students who are selected for a fellowship are expected to begin May 31. Those selected for an internship begin June 13. To apply, visit the Government Jobs website.

The summer internship program is for graduate and undergraduate students to gain work experience with the department “while learning what a career in the transportation industry can offer,” officials said. “The internships also include professional development workshops on résumé building, business writing, networking and other work skills.”

Applicants who apply to the fellowship program must have graduated within the past three years with a bachelor’s or master’s from one of North Carolina’s historically Black colleges and universities or minority-serving institutions. 

Fellows are considered full-time, temporary employees, serve a two-year commitment within a selected NCDOT business unit and assist with everyday tasks and special projects. The program helps develop a pool of qualified individuals for potential permanent positions within NCDOT and the transportation sector.​

The state is funding the development over the next three years of five community floodprint reports to guide initiatives in areas of eastern North Carolina hit hard by hurricanes Matthew and Florence.

The North Carolina Office of Recovery and Resiliency, or NCORR, has committed funding to the N.C. State University Coastal Dynamics Design Lab to create the floodprint, “a valuable tool for building future community resilience,” the state announced Friday.

The floodprint is a landscape planning approach developed by Coastal Dynamics Design Lab, or CDDL, to address land and water relationships. The planning process will incorporate issues such as flooding, recovery and equity. 

Coastal Dynamics Design Lab will work with five focus communities to develop a community master plan/floodprint and design proposals that can then be used to apply for grant funding.

Communities interested in participating can reach out to buyout@rebuild.nc.gov.

“Our partnership with CDDL will result in community-based plans that address resiliency and development challenges,” NCORR Director Laura Hogshead said in a statement. “We have already seen positive outcomes from the development of floodprints and refer to them when determining local needs for disaster recovery and community resilience.”

NCORR launched the collaboration in January using U.S. Department of Housing and Urban Development, or HUD, Community Development Block Grant-Mitigation funds.

Potential candidate communities for the floodprint process must be within the Most Impacted and Distressed, or MID, areas, as identified by HUD or the state. Other considerations include community interest and flood-vulnerable properties.

“Community floodprints are co-created with local input through public meetings and discussions, so the recommended strategies fit the needs of the people who live there,” said Andy Fox, co-director of Coastal Dynamics Design Lab.

“The new collaboration with NCORR is critical to scaling up our work to better serve people and places across eastern North Carolina,” Fox added. “The partnership builds on past successes working with NCORR staff and represents a significant opportunity to provide communities with the technical assistance required to expedite ongoing recovery efforts and attract the resources needed for long-term resiliency and full community health.”

The first of the five new floodprints will focus on Whiteville in Columbus County. Town leaders were contacted and offered the floodprint opportunity as a good fit for their community.

Floodprints have been useful for NCORR’s ReBuild NC Strategic Buyout Program, which buys eligible properties in areas at high risk of future flooding. The properties are purchased from owners who voluntarily decide to sell their property and relocate to a safer place.

To date, CDDL has designed four floodprint reports for North Carolina communities, including Lumberton phases one and two, Princeville and Pollocksville.

The completed floodprints have established the groundwork for actionable plans and have resulted in millions of dollars of additional grant-funded investments to implement the activities outlined in the reports, officials said.

“The partnership with CDDL will provide valuable tools as the Strategic Buyout Program expands in eastern North Carolina,” said Maggie Battaglin, NCORR’s buyout program manager. “The floodprint report for Pollocksville has already been useful as we begin to offer buyout options for flood-damaged properties in that community.” 

More information about the floodprint initiative is on the CDDL website. Learn more about NCORR and the Strategic Buyout Program at ReBuild.NC.Gov.

Updated March 30 to include comments from the Southern Environmental Law Center and Cape Fear River Watch.

State environmental regulators are asking for feedback on a draft permit to treat PFAS-contaminated groundwater, surface water and stormwater from Chemours Co.’s Fayetteville Works site in Bladen County before it is discharged into the Cape Fear River, the drinking water source for the Wilmington area.

The North Carolina Department of Environmental Quality Division of Water Resources will accept comments until May 2 by email to publiccomments@ncdenr.gov with CHEMOURS in the subject line or mailed to Wastewater Permitting, Attn: Chemours Permit, 1617 Mail Service Center, Raleigh, N.C. 27699-1617.

The National Pollutant Discharge Elimination System, or NPDES, wastewater permit is part of the required actions to prevent residual per- and polyfluoroalkyl substances, or PFAS, pollution from entering the Cape Fear River from the Chemours site, as outlined in the 2020 Addendum to the 2019 Consent Order.

The 2019 consent order between the Department of Environmental Quality, Cape Fear River Watch, represented by the Southern Environmental Law Center, and Chemours requiring the company to address PFAS sources and contamination at the facility to prevent further impacts to air, soil, groundwater and surface waters. The state ordered in the 2020 addendum additional actions by Chemours including addressing more than 90% of the PFAS entering the Cape Fear River through groundwater from the residual contamination on the site. Chemours was required in the addendum to address four identified seeps that account for more than half of the PFAS contamination in the groundwater entering the river.

As of 2022, the interim measures required by the addendum are operational, and the design of the barrier wall and treatment system is underway, according to the state.

Chemours submitted draft plans earlier in March to the state for approval of a permanent measure to install a more than 1-mile-long, subsurface barrier wall and groundwater extraction system to capture contaminated groundwater to prevent it from entering the Cape Fear River.

The draft NPDES permit requires treatment to remove PFAS contamination from the groundwater, surface water and stormwater captured by the extraction system before discharge into the Cape Fear River. The system must remove at least 99% of PFAS and meet daily and monthly effluent limits as specified in the permit conditions.

The draft NPDES permit only allows the discharge of treated water associated with the remediation activities. It does not allow the discharge of wastewater from plant operations or processes. The proposed permit does not change the conditions of any previous NPDES permit held by Chemours.

Lisa Randall, regional communications lead with Chemours, provided the following statement in response to Coastal Review’s request for comment.

“Construction of the barrier wall and related water treatment system, for which this permit is intended, is an important part of reducing site-related legacy PFAS that reach the Cape Fear. The groundwater treatment system will use granulated activated carbon to achieve a 99% removal of PFAS compounds. We welcome the opportunity for the public to comment given the importance of the permit in being able to achieve the desired reductions. Timely issuance of the permit is essential to meet consent order timeframes.”

Geoff Gisler, senior attorney at the Southern Environmental Law Center, which took Chemours and DEQ to court on behalf of Cape Fear River Watch to stop PFAS pollution, said in a statement that the department’s draft permit unnecessarily allows Chemours to dump high levels of PFAS into the Cape Fear River.

“Technology installed as required by the consent order has nearly eliminated Chemours’ PFAS pollution from some parts of its site — DEQ must use that information to protect communities from PFAS contamination in Chemours’ proposed discharge. DEQ’s draft permit doesn’t provide that protection,” he said.

“After all we have learned over the past five years, it is shocking that DEQ would draft a permit allowing Chemours to release any PFAS into the Cape Fear River, let alone at the levels allowable under this draft permit,” Dana Sargent, executive director of Cape Fear River Watch, said in a statement. “We need DEQ to do its job and protect us from Chemours’ historic and consistent disregard for human health and the environment.”

The Department of Environmental Quality has made draft permit and further information available online.

The Department of Environmental Quality’s Division of Air Quality has more than $1 million available in rebates for eligible applicants interested in installing a publicly accessible light-duty zero-emission vehicle Level 2 charging stations.

The division released the request for proposal for the Public Access Level 2 Charging Infrastructure Program rebates under Phase 2 of the Volkswagen mitigation plan earlier this week. The request for proposals explains how local, federal and tribal governments, nonprofits and businesses incorporated in North Carolina, metropolitan or rural planning organizations, and air quality or transportation organizations can apply for a portion of the $1,070,877.

The application will not be available in the division’s Grants Management System until May 2. Applicants are encouraged to register for access to the system before that date.

A PDF version of the application has been made available on the program webpage for applicants to prepare all required materials for the online application. There are instructions on how to register for the Grant Management System and submit an application in the RFP.

After the application opens in the Grants Management System May 2, the division will accept applications for the Public Access Level 2 ZEV Charging Infrastructure Program until no funds remain.

Rebates up to a maximum of $5,000 are available to government applicants and up to $4,000 to nongovernment for each new charging port installed. Rebates will be awarded on a first-come, first-served basis to those who qualify until all funds are exhausted.

The VW mitigation plan is part of a settlement agreement between the German automaker with the Department of Justice on behalf of the Environmental Protection Agency. Volkswagen sold thousands of diesel motor vehicles with software the EPA alleged was designed to cheat on federal emissions tests, according to the state. The Volkswagen Mitigation Settlement was for $14.7 billion for violating the Clean Air Act. The state Department of Environmental Quality manages North Carolina’s share of the VW Settlement.

There will also be a webinar 1 p.m. Monday, March 28, on accessing the Grants Management System. Registering online before the webinar is required to participate. Current users with access are not required to attend, but may attend for a refresher on the system.

The division will hold a webinar 1 p.m. April 4 on the Level 2 Public Access Program request for proposals. During this webinar, staff will discuss the RFP and the requirements and answer questions. This webinar is for applicants interested in submitting applications for the Level 2 Public Access Program only. Registration is required to participate in this webinar.

For help with an application, email daq.NC_VWGrants@ncdenr.gov with subject title line: “Level 2 Public Access RFP” before submitting an application and ahead of the submission deadline.

Phase 2 of the VW Mitigation Plan covers the remaining $68 million of the state’s share of a national settlement with the automaker. DEQ is allocating the full 15%, or about $10.19 million, allowed in the VW State Trust Agreement for ZEV charging infrastructure projects under Phase 2. Additional settlement funds will support the replacement of diesel vehicles with newer, cleaner alternatives, according to the state.

Two sections of U.S. 70 between Raleigh and Morehead City have been upgraded to interstate standards and will be designated as Interstate 42.

The North Carolina Department of Transportation has received federal approval to designate the two U.S. 70 bypass segments in Johnston, Wayne and Lenoir counties.

The announcement was made Wednesday during a meeting of the I-42/U.S. 70 Corridor Commission in Smithfield, state officials said. The commission, which advocates for improvements along this corridor east of Raleigh, includes elected and public officials from Carteret, Craven, Johnston, Lenoir and Wayne counties.

NCDOT is working to improve passenger and freight movement between Raleigh and the North Carolina Port of Morehead City, according to the website.

“This new Interstate shows our long-term commitment to having a high mobility corridor connecting our military bases, the Morehead City port, and the communities along the corridor with the national Interstate System,” state Transportation Secretary Eric Boyette, said during the meeting. “This commitment will continue to support the economic vitality of the corridor and maintain the high level of mobility.”

The I-42 approval from the U.S. Department of Transportation applies to the 10 miles between I-40 and the U.S. 70 Business interchange in Johnston County, and the 22 miles between U.S. Goldsboro Bypass in Wayne County to the N.C. 903 interchange.

NCDOT engineers still have to work out the logistics of the change, including drawing up the plans for a contractor to install the interstate signage and mile markers. A timeline is to be announced later this year.

Segments must be upgraded to interstate standards that include having fully access-controlled highways with bridges, ramps and loops and wide, paved shoulders before a I-42 signs can be installed. The department said it would continue to update the rest of the corridor to interstate standards.

The Federal Highway Administration and the American Association of State Highway and Transportation Officials in 2016 gave the state conditional approval to designate U.S. 70 between Raleigh and Morehead City as future I-42.

The I-42 designation marks North Carolina’s second new interstate in eastern North Carolina. The department received permission last year from the Federal Highway Administration to designate 37 miles of U.S. 264 in Wilson, Greene and Pitt counties as Interstate 587.

North Carolinians can apply for up to $500,000 in grants to fund projects that improve and protect environment and natural resources.

Through Attorney General Josh Stein’s office, the Environmental Enhancement Grant program released Tuesday its request for proposals. Letters of intent are due on March 31 and completed proposals are due May 26.

A voluntary interest meeting for further information is set to be held remotely at 10 a.m. March 22. Email eeg@ncdoj.gov for more information or to reserve a spot at the meeting.

“The Environmental Enhancement Grant program has invested more than $38 million in nearly 200 projects that protect our natural resources and improve North Carolinians’ quality of life,” said Stein in a statement. “These projects are critical to cleaning the air we breathe and the water we drink. Many also help address environmental issues that harm disadvantaged communities. If you’re working on an environmental project that could benefit our state and its people, please consider applying for these grants.”

The EEG program funds three-year grant projects of up to $500,000 from nonprofit organizations, including academic and government institutions that improve air, water, and land quality in the state.

Several EEG awards were presented last year, many on the coast. The city of Jacksonville was awarded $175,000 to expand 12 of the existing New River Estuary Oyster Highway reef sites, construct 1,850 small patch reefs and add nearly 2.5 million oysters to improve biofiltration.

The North Carolina Coastal Land Trust also received $50,000 to acquire 348 acres of Hoggard’s Millpond Tract and transfer it to the town of Windsor to create a new public park and Bertie County Hive House received $74,350 to improve a 4-acre greenspace in Lewiston Woodville through cleaning, stormwater remediation, and planting.

Preference is given to projects in or benefiting underserved or overburdened communities, such as those with vulnerable populations or environmental justice concerns, according to Stein’s office. EEG funds have previously been used for projects including green jobs, wetland restoration, land acquisition, stormwater remediation, stream stabilization and buffer installations.

The EEG program was established in 2000 with funds from a 25-year agreement between then-Attorney General Michael Easley and Smithfield Foods to provide $2 million every year for environmental projects across the state. Since the program began, the Office of Attorney General has awarded more than $38 million to nearly 200 projects.

More information about the 2021 grant cycle is available online.

Reprinted from Carolina Public Press

North Carolinians know, finally, what political maps they will use to elect representatives to the U.S. House in 2022. 

On Monday evening, the U.S. Supreme Court denied a request from state Republican legislative leadership to stop an order from state courts from going into effect. 

North Carolina will go forward with its primary elections on May 17, the candidate filing period that completed on Friday will stand, and a map that a panel of trial court judges drew will be used to elect the state’s 14 members of the U.S. House of Representatives, but only for this year’s election.  

Three conservative justices, Samuel Alito, Clarence Thomas and Neil Gorsuch, dissented and wrote they would have stopped that map from being used, instead reverting to the map the state Supreme Court declared an unconstitutional gerrymander and which would have all but guaranteed Republicans at least 10 of the state’s seats in the U.S. House. 

The congressional maps in use for 2022 are most likely to result in seven Republican seats, six Democratic seats and one toss-up seat, according to the data of how voters in each district voted in previous elections. 

“Today’s move by the court reinforces that legislatures do not have a ‘free pass’ to violate protections against partisan gerrymandering when drawing districts that undeniably hurt voters,” said Hilary Harris Klein, a voting rights lawyer at the Southern Coalition for Social Justice, which represents one of the plaintiffs, good-governance group Common Cause, in the lawsuit. 

Not over yet, maybe

A fourth conservative justice, Brett Kavanaugh, agreed that state Republicans’ arguments were strong but said it would be too disruptive for the federal courts to intervene this close to an election. 

“The issue is almost certain to keep arising until the Court definitively resolves it,” Kavanaugh wrote in his concurrence. 

Republicans may still get that chance, just not as soon as they would have liked. Kavanaugh suggested the case, or one raising similar constitutional questions, should be taken up for consideration in the next judicial term, which will get underway in the fall. 

In a press release Monday, N.C. Senate President Pro Tempore Phil Berger suggested state Republican leadership may do just that. 

“While we’re focusing on the 2022 elections, we will continue to evaluate this decision and next steps in this case,” Berger said. 

Berger, along with House Speaker Tim Moore and other Republicans responsible for drawing the state’s political maps, were the defendants in the redistricting lawsuits. 

Should the legislative Republicans request further review of the case, Kavanaugh along with the three dissenting justices have enough votes to put the case on the court’s docket, per the U.S. Supreme Court’s rules. To grant a stay, which is what Republican legislators requested in this filing, they would have needed five votes in favor.

Two more conservative justices, Chief Justice John Roberts and Amy Coney Barrett, voted with the majority this week. But Roberts has previously expressed interest in the legal theory that North Carolina’s legislative Republicans used in this case. 

Republican arguments rest on Article 1, Section 4 of the U.S. Constitution, which says the “Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

That should mean, North Carolina legislative Republicans argue, that state courts should not be able to put a check on the rules state legislatures make for federal elections. Only federal courts and Congress could check state legislative power over making those rules. 

The justices also denied a request for review coming out of Pennsylvania, which raised similar legal questions. 

North Carolina’s General Assembly will still get the chance to draw a new congressional map for the 2024 election cycle that, should it withstand lawsuits, could hold for the rest of the decade until the 2030 census triggers another round of redistricting.

Coastal Review is partnering with Carolina Public Press to provide readers with more stories relevant to the coast. 

The North Carolina Environmental Management Commission will meet March 10 in Raleigh to consider the readoption of groundwater classifications and standards.

These rules are to protect groundwater quality, which the commission feels is best used as a source of drinking water, according to the proposed rules. Officials said there are no major changes proposed, rather the revisions are mostly for clarification.

Committee meetings are set for March 9. The Air Quality Committee begins at 10:15 a.m., the Groundwater & Waste Management Committee at 11:30 a.m. and the Water Quality Committee at 1:30 p.m. The full commission meets 9 a.m. to 5 p.m. March 10.

The meetings will be in the Ground Floor Hearing Room of the Archdale Building at 512 N. Salisbury St., Raleigh. Face coverings are optional for staff and attendees. There will be limited seating, and public may attend via remote access.

The commission will also consider moving forward with the public hearing on requirements for permit application and for groundwater monitoring, assessment and corrective action for construction and demolition and municipal solid waste landfill facilities.

Meeting information and the agenda are on the Department of Environmental Quality’s Environmental Management Commission webpage.

The Environmental Management Commission is responsible for adopting rules for the protection, preservation and enhancement of the state’s air, land and water resources. The commission oversees and adopts rules for several divisions of the Department of Environmental Quality, including the divisions of Air Quality; Energy, Mineral and Land Resources; Waste Management and Water Resources.

This year’s ozone season starts Tuesday, when the North Carolina Division of Air Quality begins adding ozone information to its daily air quality forecast of fine particle matter, or PM2.5, pollution.

Ozone forms in the air when nitrogen oxides, or NOx, react with hydrocarbons on warm, sunny days with little wind.

The air quality forecast is available on the AIR tool website, DAQ’s website or the AirNow site. Next day and extended forecast are issued by 3 p.m. with a morning update by 10 a.m.

The division’s Twitter feed and Facebook account also provide forecast updates, information about active air quality alerts and opportunities to learn more about air quality issues.

The air quality forecast gives users up-to-date localized information for 91 counties and two ridge top zones, including the next day’s forecast.

In partnership with the North Carolina State Climate Office, the division developed in 2021 the Ambient Information Reporter (AIR) tool. This is a mobile-friendly website that provides real-time and historical air quality and meteorological observations, including data on satellite-detected fires and smoke. It also includes the latest air quality forecast with charts and graphs of hourly and daily data trends.

The division also developed the Ozone Design Value Predictor tool, an online mapping tool that displays current year and long-term trends in measured ozone data for all ozone monitors in the country. The tool provides an up-to-date snapshot of ozone monitor attainment status based on current-year ozone data.

Ozone was once the state’s most widespread air quality concern and contributor to breathing problems. In recent years, ozone continues to decline because of steady reductions in emissions from its primary air pollution sources: power plants, industry and motor vehicles, according to the division. The Environmental Protection Agency designated North Carolina in 2017 as attaining the 2015 ozone standard statewide. Since then, the state has maintained compliance with the standard.

Reprinted from Carolina Public Press

This is an updated version of reporting published Wednesday.

Within hours of a three-judge Superior Court panel’s decision in North Carolina’s redistricting lawsuit, all four parties involved filed appeals spanning hundreds of pages to the state Supreme Court. 

Then, at 10 p.m. Wednesday, the state Supreme Court denied every appeal. Candidate filing was set to open at 8 a.m. Thursday. 

County elections staff worked feverishly with the N.C. State Board of Elections ​​in the 20-hour window from when they received the latest maps to the opening of candidate filing to be ready to place state and local candidates in the right districts. 

“As elections officials, we have become accustomed to adapting to quick-changing situations,” said Pat Gannon, spokesperson for the State Board of Elections.

Elections officials had to rush to prepare, not knowing if any of the appeals would be successful and if filing would start on time or be delayed yet again. 

For now, it looks as if the 2022 primaries will be held May 17. But there’s one possible legal twist yet to play out.

Republican leadership in the legislature, named as defendants in the redistricting case, are unhappy with part of the Superior Court panel’s decision, claiming it violates the federal constitution. 

Now that their appeal has been denied by the state Supreme Court, the defendants have an option to appeal to the U.S. Supreme Court. Those appeals usually take some time, and the high court accepts very few cases. It turned down appeals based on similar federal arguments from North Carolina Republicans in November 2020.

But with one new conservative justice on the U.S. Supreme Court and a new federal hook for state Republicans, it’s anyone’s guess what will happen this time around. State Republicans have not yet released a formal statement saying they will make a federal appeal.

How we got here

The Superior Court panel, consisting of Judges Graham Shirley II, R-Wake, Nathaniel Poovey, R-Catawba, and Dawn Layton, D-Richmond, managed to upset every party with its ruling on the maps Wednesday. 

The judges were guided by three special masters — former state Supreme Court Justices Robert Orr and Robert Edmunds Jr. and former UNC System President and Superior Court Judge Thomas Ross — who were themselves assisted by four nonpartisan experts in political map-drawing. 

The state Supreme Court had tasked the judicial panel with judging whether redrawn political maps were fair under the state’s constitution after the higher court declared the Republican-controlled General Assembly’s previous maps to be unconstitutional partisan gerrymanders. 

In a unanimous decision Wednesday, the Shirley panel said the redrawn state House and Senate districts were constitutional. But the judges ruled that the redrawn U.S. congressional map was still not fair under the state Supreme Court’s new standards. 

As a remedy, the Shirley panel adjusted the General Assembly’s map to make it fair under political science measurements that the state Supreme Court had suggested, called “efficiency gap” and “mean-median difference.” This map, the panel suggested, could be used for the 2022 election, and the General Assembly could redraw the map that would be used from the 2024 elections until the state redistricted again in 2031. 

Legislative defendants appeal

Republican legislative leaders Phil Berger, Senate president pro tempore, and Tim Moore, House speaker, both among the defendants in this case for their official roles in drawing political maps, said they will challenge the panel’s decision on the congressional map. 

“Today’s ruling is nothing short of egregious,” Moore said in an official statement. 

“The trial court’s decision to impose a map drawn by anyone other than the legislature is simply unconstitutional and an affront to every North Carolina voter whose representation would be determined by unelected, partisan activists.” 

Each of the Superior Court judges is in fact elected, as are the Supreme Court justices who ruled the prior maps were unconstitutional and who will review the appeals. Judicial elections were nonpartisan for 22 years and were publicly financed for nine until the General Assembly, led by Moore and Berger, made the elections partisan again and eliminated public funding in 2018 and 2013, respectively. 

Legislative defendants think that Article 1, Section 4 of the U.S. Constitution, often called the “time, place and manner restrictions,” give state legislatures exclusive jurisdiction over drawing federal election districts. 

Under this argument, the state courts cannot legally intervene when the state legislature draws maps for federal elections. The state Supreme Court previously dismissed this claim, meaning the legislative defendants will likely have to appeal to the U.S. Supreme Court to have a chance to win on this argument. 

Plaintiffs appeal 

Three groups sued the state in November and December to block the political maps the Republican-led General Assembly passed over Democratic opposition. Those maps were the ones ultimately overturned by the state Supreme Court on Feb. 4.

The General Assembly had two weeks to redraw the maps to seek Superior Court approval on Wednesday. 

In the mirror image of the legislative defendants, all three groups suing the state supported the Shirley panel’s intervention on the congressional map. 

One group, the good-governance and nonpartisan nonprofit Common Cause, appealed both the state House and state Senate maps. 

The group recognized that the General Assembly passed the House plan with near-unanimous bipartisan support, yet still opposed it and the Senate map, passed by Republicans on strict party-line votes, because each map still “dilutes the voting power of Black communities and relies on misleading data to cover up extreme partisan gerrymanders,” according to the group’s press release. 

The Common Cause plaintiffs were especially focused on the voting power of Black North Carolinians in the eastern part of the state, centered on Wayne County for the House map and Edgecombe, Wilson and most of Wayne in the Senate map. 

“We appreciate the bipartisan efforts of the trial court and special masters to remedy illegalities in the congressional map, but justice that is partial is no justice at all,” said Hillary Klein, senior voting rights lawyer at the Southern Coalition for Social Justice, which represents Common Cause, in the press release. 

Two other two plaintiff groups, the nonpartisan N.C. League of Conservation Voters and the National Redistricting Foundation, which is backed by the national Democratic Party, appealed only the state Senate map. 

The NCLCV plaintiffs also asked for the U.S. congressional map to last the rest of the decade, rather than allowing the General Assembly to try drawing the map again. 

In its opinion, the Shirley panel stated North Carolina’s political geography, or the way Democratic and Republican voters self-sort in where they live, explains why the Senate map favors Republicans. Even so, the panel stated in its opinion, the difference is within the fairness boundaries the state Supreme Court laid out. 

In their appeals, both the NCLCV and foundation plaintiffs disputed the panel’s analysis and claimed the map would only ever allow Republicans to have a majority in the state Senate, despite North Carolina being near a 50-50 state in partisan vote share. 

Coastal Review is partnering with Carolina Public Press to provide readers with more stories relevant to the coast. 

Reprinted from WRAL

Plaintiffs in an ongoing lawsuit that could settle North Carolina’s legislative and congressional districts next week submitted recommendations to the court Friday as a key deadline passed in the case.

Their proposed districts join a trio of maps approved Thursday by the North Carolina General Assembly, as required under a state Supreme Court order. Parties in the case had until 5 p.m. Monday to comment on all the submissions, then a panel of three Superior Court judges overseeing the case, assisted by three retired judges the panel brought in for advice, will approve final maps.

That’s expected to happen by noon Wednesday.

If anyone wants to appeal that decision back to the state Supreme Court, they must do so by 5 p.m. the same day. Otherwise the plan is to open candidate filing with the new districts at 8 a.m. Thursday. That will last until March 4, then the ballots will be set, and the primary is planned for May 17.

Because many people vote consistently for Republicans or Democrats, and because past election results are easily accessible, the maps can be scored district-by-district to predict future election results.

That allows mapmakers to draw districts likely to boost political power for one party or the other, and the state Supreme Court said earlier this month that maps drawn by the General Assembly’s GOP majority were unconstitutional partisan gerrymanders meant to lock in Republican control.

There are three plaintiff groups. The following are their submissions:

Harper plaintiffs. The group of voters challenging the legislature’s original maps, including a voter named Rebecca Harper, submitted two full map proposals: One for congressional districts and another for the state Senate. It didn’t submit a state House proposal, noting that plan passed the legislature this week on a bipartisan vote.

The state Senate and congressional plans, though, “were forced through the General Assembly by Republicans, were passed on strict-party line votes,” the Harper legal team said. They remain “partisan gerrymanders that flout the Supreme Court’s decisions in this case,” the group’s brief states.

This submission particularly complained that the legislature’s proposed congressional map “once again divides the cities of the Piedmont Triad into three separate districts to dilute the voting power of Democratic voters there, with ripple effects throughout the map.” Instead the Harper plaintiffs proposed a congressional map submitted by Sen. Jay Chaudhuri, D-Wake, back in October, saying Democrats could expect to win eight seats on this map based on results from the 2020 governor’s race, and that Republicans would likely win six.

The map Republican lawmakers approved last week leans more toward the GOP, but it includes four competitive seats that either party could expect to win. Catawba College political scientist Michael Bitzer called this map “shockingly competitive” when it was released, but legislative Democrats voted against it, citing many of the same reasons the Harper plaintiffs detail in their brief.

Former U.S. Attorney General Eric Holder, whose redistricting group helped fund the Harper team’s legal efforts, in a statement Friday called the legislature’s new congressional and Senate maps “an abomination.” Holder, a Democrat, said GOP lawmakers “arrogantly decided to draw congressional and state Senate maps that continue to lock in an artificial and unjust advantage for their party.”

Senate Preside Pro Tem Phil Berger‘s office responded on Twitter, saying that, in 2020, Gov. Roy Cooper won half the districts in the legislature’s proposed Senate map. Berger’s office also noted the congressional map has four “highly competitive districts.”

“Denying the competitiveness of these maps is just another one of Eric Holder’s ‘sue-til-blue’ tactics,” Berger’s office said.

The Harper plaintiff’s Senate plan is based off an ensemble of maps generated by a Duke University mathematician’s algorithm. Professor Jonathan Mattingly, who testified for the plaintiffs as an expert in this redistricting lawsuit, compared those computer-generated maps to the General Assembly’s initial proposed maps, showing the legislature’s maps to be outliers and, thus, partisan gerrymanders.

N.C. League of Conservation Voters. The group submitted proposed maps for all three redraws: state House, state Senate and congressional.

It went with the same maps it submitted during trial, saying they’ve already been tested by that process and are “uniquely suitable.” The league said in its brief that, on average, Democrats have gotten 49% of the vote statewide in North Carolina over the last decade.

“The NCLCV Maps give Democrats 49% of congressional seats, 46% of Senate seats, and 47% of House seats,” the group said in its brief.

Common Cause. Common Cause, a government accountability watchdog group, didn’t submit full maps but asked the court to redraw a pair of districts: one in the state House, one in the state Senate.

The changes are needed, not to address partisan gerrymanders, the central issue in this redistricting case, but to avoid diluting the voting power of minority voters, the group said in its filing.

The proposed changes tinker with districts in Greene, Lenoir, Wayne, Duplin, Edgecombe and Pitt counties.

“There is racially polarized voting in this area, such that the white majority vote sufficiently as a bloc to enable it to usually defeat the minority’s preferred candidate,” Common Cause said in its filing.

Coastal Review is partnering with WRAL.com to provide readers with more news from the state capitol that is relevant to the coast.

The Coastal Resources Commission last week adopted a new charge for its science panel to report any new sea level rise data and research annually, rather than update every five years its 2010 report on sea level rise.

During the commission’s meeting in Beaufort Hotel in Beaufort Thursday, Tancred Miller, policy and planning section chief with the Division of Coastal Management, explained to the commission that the science panel held a virtual meeting Feb. 3 to discuss the new directive on reporting sea level rise information to the commission. The science panel provides the commission scientific data and recommendations related to coastal topics.

Related: CRC may change how it receives sea level rise updates

The panel members reviewed the charge and made some edits to clarify what they felt was within their expertise, Miller told the commission Thursday. Essentially, the science panel every year will look at any new data, reports, implications, recommendations and bring any necessary updates to the commission.

The commission adopted the following charge that will go back to the science panel:

The issue of sea level rise is of great importance to the State, its policy makers and the citizens of North Carolina. Periodic updates using current data are vital to help inform planning and decision making.

The Commission therefore requests that the Science Panel meet annually to determine whether any new scientific literature and/or data have become available that have implications on sea level rise projections, or associated inundation-related hazards at the State, sub-regional, and local scales. 

If the Panel feels sufficient new information is available to warrant a report, or new analyses, they will present their findings to the Commission and the public in the form of oral presentations and/or written briefs/fact sheets. In this case, the Panel review will include any key data or information gaps that should be prioritized for additional collection/study and/or funding opportunities.

Christy Simmons, the division’s public information officer, told Coastal Review Monday that the science panel has requested the commission determine the range of implications of sea level rise on which the panel should focus.

More than decade ago, the commission asked the science panel to develop a sea level rise report. The first report was released in 2010 and an updated report in 2016. The panel was working on the 2020 update but hit some snags due to COVID-19 and waiting for the Intergovernmental Panel on Climate Change, or IPCC, numbers. During that time, the state Department of Environmental Quality released the 2020 North Carolina Climate Science Report.

The report was updated in 2016 and work was underway on the next update when the suggestion to go from every five years to annually was broached at the commission’s September 2021 meeting.

Miller, during the September 2021 commission meeting, mentioned that an update on the sea level rise report was due. In the time since the 2016 report, Gov. Roy Cooper’s Executive Order 80 signed October 2018 directed the state to produce a climate science report and resiliency plan, which was released in 2020, plus there are new websites looking at tidal gauges and historic and projected reports on sea level changes.

Because of the new information available, the science panel could provide annual updates on the most current reports and information available to identify North Carolina’s needs and trends instead of a sea level rise update, according to the September meeting minutes.

The division, under the state Department of Environmental Quality, provides staffing services to the commission, implements its rules and issues Coastal Area Management Act, or CAMA, permits.

Interested parties may submit comments at the meeting or by email to DCMcomments@ncdenr.gov. Please list “Science Panel” in the subject line.

Reprinted from Carolina Public Press

Political gerrymandering is dead in North Carolina, at least for now. 

The state Supreme Court issued an order late Friday striking down the Republican-drawn political maps slated to be used for the rest of the decade. Groups challenging the maps hit a grand slam, winning on each of their constitutional claims. 

A 4-3 majority of the Supreme Court found that the state legislative and congressional maps were “unconstitutional beyond a reasonable doubt under the free elections clause, the equal protection clause, the free speech clause and the freedom of assembly clause of the North Carolina Constitution,” according to the order, written by Democratic Justice Robin Hudson. 

The North Carolina General Assembly will have to redraw maps and submit them by noon Feb. 18 to a three-judge panel in Superior Court for approval.

If the panel decides the General Assembly’s new maps don’t meet the court’s new standards, it can select maps submitted by the groups who sued the state. Whatever the trial court selects, the state or any of the challengers can appeal the decision by 5 p.m. Feb. 23. 

That’s the day before candidate filing is set to open again, so there is a chance North Carolina will see a repeat of what happened in December, when the courts shut down candidate filing — then reopened it, then shut it down again. 

Because of the tight timeline, the Supreme Court only issued an order, not an opinion, meaning that it told the relevant groups what they had to do next but did not describe the full legal justifications underpinning the decision. The opinion will be submitted later, according to the document. 

Chief Justice Paul Newby, a Republican elected in 2020, expressed his frustration with the decision in a snappy dissent, writing that the Democratic-majority court interpreted the constitution in such a way that left “no limits to this Court’s power.” 

Since the state constitution does not put an explicit limit on partisan gerrymandering, Newby argued, the only ways to do so are by statute or a constitutional amendment. Both would require the legislature to act to limit its own authority to draw partisan maps. 

Either the General Assembly takes the Supreme Court’s order and attempts to draw constitutional maps or takes the risk that the courts will choose maps submitted by the groups that sued. It will also have to submit the data it used to draw the maps and the methods used to measure partisan fairness. 

The Supreme Court recommended, but did not require, five different metrics for measuring the partisan fairness of a map. 

“​​To comply with the limitations contained in the North Carolina Constitution, which are applicable to redistricting plans, the General Assembly must not diminish or dilute any individual’s vote on the basis of partisan affiliation,” the majority wrote.

But Newby wrote those guidelines are “vague and undefined,” meaning only the court itself will be able to define the constitutionality of new maps. 

“The question of how much partisan consideration is unconstitutional remains a mystery, as does what is meant by ‘substantially equal voting power on the basis of partisan affiliation,’” Newby wrote. 

The Republican-controlled legislature, which drew the maps and whose leaders are the named defendants in the case, can partially appeal the decision to the U.S. Supreme Court, at least regarding the congressional map.

Though it’s speculation, that appeal is likely, according to Catawba College political science professor Michael Bitzer. 

Coastal Review is partnering with Carolina Public Press to provide readers with more stories relevant to the coast. 

The North Carolina Coastal Resources Commission, when it meets at 9 a.m. Feb.10 in Beaufort, is expected to consider a request from the North Carolina Department of Transportation for a variance from coastal regulations that would allow the department to install a sandbag structure near a portion of N.C. 12 in the Rodanthe area.

The request is one of a number of items the commission is expected to address when it meets at the Beaufort Hotel at 2440 Lennoxville Road.

The Coastal Resources Advisory Council is to meet the day before at 3 p.m. Feb. 9. Both meetings are open to the public. To reduce the spread of COVID-19, all attendees should wear a mask and maintain social distance during the meeting.

A public input and comment period is scheduled for noon Feb. 10. At the chair’s discretion, comments may be limited to three minutes per person.

NCDOT owns the N.C. 12 right-of-way in the Rodanthe area. Construction is expected to be completed in the next few months on the “jug-handle” bridge, a 2.4-mile bridge that bypasses a vulnerable area known as the S-curves at the southern end of the Pea Island National Wildlife Refuge.

NCDOT plans to redirect N.C. 12 traffic via the new bridge and remove existing roadway from the refuge. South of the refuge, NCDOT proposes to develop a turnaround area for traffic to continue to access north Rodanthe up to this dead-end and build a sandbag structure perpendicular to the highway to protect the new dead-end turnaround area.

The state Division of Coastal Management on Oct. 25, 2021, denied NCDOT’s permit application based on its inconsistency with the commission’s oceanfront setback rules and rules regarding the orientation, size and color of sandbags. NCDOT needs a variance from those rules approved by the commission in order to develop the turnaround and new sandbag structure as proposed.

Related: When bridge is complete, part of NC may return to nature

A full meeting agenda and briefing materials can be found on the CRC website. Times indicated on the agenda for individual items are subject to change.

Other agenda items include the following:                        

• Consider of a variance request regarding an oceanfront setback in Atlantic Beach.
• Hear an update regarding floating structures associated with shellfish leases.
• Hold public hearings for amendments to beach management plans, shoreline access polices, structural boat covers, and general permit for beach bulldozing.
• Consider a petition for rulemaking regarding altering coastal wetlands.
• Hear an update on the Division of Coastal Management’s estuarine shoreline strategy.
• Consider allowing use of hay bales as sand fencing.
• Consider a fiscal analysis of CAMA land use plan enforceable polices.

Politicians are maneuvering, the courts are set to deliberate, and voters are continuing to wait for finalized political maps and a date for the North Carolina 2022 primary elections. 

On Wednesday, Republicans passed a bill on party-line votes in the House and Senate to again delay the primary elections, this time until June. This comes in the context of the political and legal fight over the state’s redistricting maps, which could shape the political future of the state’s legislature and U.S. congressional delegation for at least a decade. 

The current maps, which the legislature drew in the fall, would all but lock in Republican control over state politics. If the court overturns those maps, Democrats have a chance to land on a more even playing field in a state whose geography slightly favors Republicans but votes nearly 50-50 in statewide races. 

After a Democratic Party-affiliated group and two pro-democracy advocacy groups sued the state legislature over the maps they drew in the fall, the state Supreme Court delayed the elections from March to May to give courts time to review the case. 

Republicans now aim for an additional delay to give the legislature time to redraw the political maps should the court rule the current maps violate the state constitution. 

In the state courts’ landmark redistricting case from 2002, called Stephenson, the courts ruled the maps were unconstitutional, created some new requirements for drawing maps, and then asked the legislature to try again, said Michael Bitzer, a professor of political science and history at Catawba College. 

Political map-drawing “is an inherently legislative duty,” Bitzer said. 

Both through legal filings in the lawsuit and in public statements supporting postponement of the primaries until June, Republican leadership stresses the importance of the North Carolina General Assembly being able to draw and then redraw the maps.

But courts can and have, both at the state and federal levels, put conditions on how legislators can redraw maps once their first attempts are deemed unconstitutional. The courts could appoint a “special master,” or independent outside expert, to review the maps before approving them, Bitzer said. 

The state Supreme Court could also decide to go with an entirely different process should it deem the maps unconstitutional. In 2018, the Republican-controlled legislature made appellate judicial elections partisan. Now, the state’s highest court sits four Democrats and three Republicans, perhaps explaining Republican anxiety over the decision and timing of drawing new maps. 

Coastal Review is partnering with Carolina Public Press to provide readers with more stories relevant to the coast. 

Reprinted from Carolina Public Press

A three-judge panel ruled against the challengers to North Carolina’s latest political maps, setting the stage for the N.C. Supreme Court to be the first appellate court in North Carolina to consider whether “extreme partisan gerrymandering” violates the state Constitution.

North Carolina’s political future rests heavily on the outcome of the case.

If the Supreme Court upholds the current maps, Republicans will very likely control the legislature for the next decade and help tip the balance in the U.S. House toward Republicans, even in elections where Democrats win upward of 55% of the statewide vote.

State lawmakers drew the maps after the latest census in a process that normally happens once a decade.

Three groups — N.C. League of Conservation Voters, the National Redistricting Foundation and the North Carolina chapter of Common Cause — filed suit against the state’s Republican legislative leadership and representatives who drew the maps.

The Superior Court judges, Graham Shirley II, a Republican of Wake County, Nathaniel Poovey, a Republican of Catawba County, and Dawn Layton, a Democrat of Anson County, acknowledged the influence of partisanship on the map-drawing process.

“This court has not been asked to eliminate all partisan gerrymandering, only ‘extreme’ partisan gerrymandering,” the order said. “In short, we are asked to decide how much partisanship is ‘extreme.’”

The 260-page order upheld the maps drawn to give a likely 10-4 advantage to Republicans in the U.S. House and similar advantages in the state legislature.

The judges said the maps are skewed with partisan intent to favor Republicans but that the courts do not have the power under the state Constitution to interfere in the map-drawing process, which the court called a political decision.

The court reached the same decision in the preliminary injunction state of the trial, leading to widespread anticipation of Tuesday’s outcome. But now that the ruling has been made, all three groups said they will appeal to the state Supreme Court, which is expected to hear the case in the next few weeks.

Each of the three groups of plaintiffs called the decision “disappointing” and “wrong.”

“If allowed to stand, these extreme gerrymanders would cause profound and lasting harm to the people of our state, especially hurting Black communities, by depriving voters of a voice in choosing their representatives,” said Bob Phillips, executive director of the North Carolina chapter of Common Cause, one of the plaintiffs.

N.C. House Speaker Tim Moore, R-Cleveland, one of the named defendants in the case, celebrated the ruling.

“I am pleased the trial court has ruled in our favor, upholding the maps drawn by the General Assembly in the most transparent process in North Carolina history,” Moore said.

Secret maps, partisan intent

During the trial, Rep. Destin Hall, R-Caldwell, said he drew the maps for the state House legislative districts using “concept maps,” or maps drawn by third parties, in creating the lines — a direct contradiction of his earlier statements.

He previously told Democratic lawmakers in October in the redistricting committee that he had not looked at any concept maps in drawing the legislative districts. At that point, he hadn’t, Hall said, but he started using them shortly thereafter.

But he again told Democratic lawmakers in November, during debates before Republicans passed the maps on a party-line vote, that he did not consult any concept maps. At that point, Hall had consulted the outside maps for about three weeks, according to his testimony during the January trial.

Attorneys for the plaintiffs asked for copies of the concept maps, but Hall said they have since been lost or destroyed. The failure to retain them could be a violation of state law.

A lawyer for the Common Cause plaintiffs, Allison Riggs, discovered the discrepancy during Hall’s deposition the week before the trial. She argued the maps could have used partisan and racial data, both of which were banned in the map-making process by the legislature’s own rules, but since they were destroyed there is no way to know.

The secret maps, misleading Democratic lawmakers and the maps’ destruction all pointed to intent, Riggs said.

In an earlier ruling, the trial court declined to impose sanctions for the failure to produce the maps, saying the assistant to Hall who had the maps is no longer a legislative employee.

What the ruling said

Relying heavily on historical analysis, the three-judge panel rejected the plaintiffs’ claims that the new maps violated state constitutional guarantees of free elections, equal protection, freedom of assembly and free speech.

The judges also condemned gerrymandering and its ill effect on the body politic but said the courts did not have the power to interfere.

“This court neither condones the enacted maps nor their anticipated potential results,” the order said.

“Despite our disdain for having to deal with issues that potentially lead to results incompatible with democratic principles and subject our state to ridicule, this court must remind itself that these maps are the result of a democratic process.”

Lawyers for the plaintiffs argued that the legislature drew the maps with partisan intent meant to discriminate against the political interests of Democrats and Black North Carolinians.

Intent is important, according to the trial court order, but there is a lack of racially motivated action in the current map-drawing process.

“Plaintiffs have shown, and the court agrees, that a substantial number of Black voters are affiliated with the Democratic Party,” the order read.

“What plaintiffs have not shown, however, is how the General Assembly targeted this group on the basis of race instead of partisanship. Black voters who also happen to be Democrats have therefore been grouped into the partisan intent of the General Assembly.”

During the trial, the plaintiffs’ academic experts in political science and mathematics testified that the Republican-drawn maps heavily favored Republican candidates.

If the maps were used, Republicans would essentially guarantee majority control over the state legislature, with a real chance at a veto-proof supermajority. Republicans would also send a disproportionate majority of the state’s representatives to the U.S. House, according to the expert testimony cited in the order.

While that outcome might be natural in a heavily Republican state, Republicans actually trail both Democrats and unaffiliated voters in registration in North Carolina.

Registration is no guarantee of voting habits, but recent statewide elections suggest the state is nearly evenly split between voters backing each party in a given race. In 2020, Democrats carried the governor’s race, but Republicans had a plurality victory for president in North Carolina, while eking out a narrow win for state Supreme Court Chief justice.

What’s next

The state Supreme Court did not set out a specific timeline for reviewing the case but required anyone wanting to appeal to do so in the next two days. The court said to expect expedited hearings.

Democrats occupy four seats of the state Supreme Court while Republicans hold three.

The plaintiffs asked Republican Justice Phil Berger Jr. to recuse himself from the case as Berger’s father is a named defendant and the Republican leader of the state Senate.

The defendants asked Democratic Justice Sam Ervin to recuse himself, as he is up for reelection this year and the decision he makes “may impact voter turnout or other factors of the general election,” according to the request.

Neither justice has yet responded. Their decisions over their own ability to rule impartially are final, according to a state Supreme Court order from Dec. 23.

Unless the justices decide to delay the state primaries yet again, they will need to make their ruling and finalize any new maps, if necessary, before Feb. 24, the date submitted by the State Board of Elections and ordered by the trial court to resume candidate filing.

The high court moved North Carolina’s 2022 primaries to May 17. Every state House and Senate seat is up for election, as are all 14 seats for the U.S. House of Representatives.

Coastal Review is partnering with Carolina Public Press to provide readers with more stories relevant to the coast. 

Gov. Roy Cooper on Friday renewed his commitment to a clean energy economy in North Carolina, announcing new emissions-reduction goals, a directive to move forward with the state’s plan to achieve net-zero greenhouse gas emissions, and create economic opportunities statewide, especially in underserved communities.

On Friday, Cooper signed Executive Order No. 246, “North Carolina’s Transformation to a Clean, Equitable Economy,” at North Carolina Agricultural and Technical State University in Greensboro, according to his social media.

The order updates the state’s economy-wide carbon reduction emissions goals to align with climate science, reduce pollution, create good jobs and protect communities, his office said. The goals in Friday’s order build on 2018’s Executive Order 80 that addresses climate change, the order states.

“Transforming North Carolina toward a clean energy and more equitable economy will provide good jobs and a healthy environment for generations of families across our state. To achieve our goals we must be clear, intentional and determined,” Cooper said in a statement.

“We’ve made monumental progress by developing a clean energy plan tailored to our state’s unique challenges and opportunities and passing into law required carbon reduction goals for utility providers,” he continued. “This order will assess our progress reducing climate pollution, and direct ways to curb environmental injustices, increase clean transportation options, and build more resilient communities in North Carolina.”

The order signed Friday increases the statewide carbon reduction emissions goals from 40% by 2025, which were set in Executive Order 80, to a 50% reduction from 2005 levels by 2030. The order also sets as a goal achieving net-zero greenhouse gas emissions as soon as possible, no later than 2050. The order directs the administration to find ways to reach this goal.

“These climate goals will deliver real environmental, economic and public health benefits for North Carolinians and this executive order includes additional steps to make sure those benefits reach every community in our state,” Department of Environmental Quality Secretary Elizabeth S. Biser said in a statement.

The order directs the administration to update the statewide greenhouse gas inventory to measure current levels of greenhouse gas emissions. The current inventory released in January 2019 contains greenhouse gases emitted or removed by key source categories from 1990 to 2017 and projects emissions from 2018 to 2030 based on forecasted changes in fuel use, land use, population, historical trends, and other factors.

“This Executive Order is the next step in North Carolina’s continued commitment to a clean and more equitable energy future. Our state must continue to lead in the fight against climate change and environmental injustice while building an economy that works for everyone and the steps outlined in this order are critical to achieving those goals,” Dionne Delli-Gatti, North Carolina clean energy director.

There is also a call in the order to increase registered zero-emission vehicles from $80,000 by 2025, set in 2018’s executive order 80, to at least 1.25 million by 2030. A new goal in Friday’s order is for 50% of sales of new vehicles in the state to be zero-emission by 2030.

The North Carolina Department of Transportation is directed to develop a North Carolina Clean Transportation Plan for decarbonizing the transportation sector through reductions in vehicle miles traveled, an increase in zero-emission cars, trucks and buses, and other strategies.

“This Executive Order ensures our state is preparing for and supporting emerging technologies,” said Transportation Secretary J. Eric Boyette. “We are committed to working with our state and local partners to develop a clean transportation plan – one that will benefit all North Carolinians.”

The order directs cabinet agencies to consider environmental justice when taking actions related to climate change, resilience and clean energy, as well as prioritize environmental justice, clean economy and climate priorities in budget decisions. Cabinet agencies are encouraged to work with advocates and stakeholders to identify additional executive actions to advance an equitable clean economy.

Each cabinet agency is to develop a public participation plan to improve communication and transparency in government decision-making, particularly with underserved communities. Cabinet agencies also have been directed to select an environmental justice lead to serve as the point person for environmental justice efforts.

“The environmental justice provisions that are included in the Executive Order go a long way toward ensuring that the state can achieve the exemplary public health equity goals. I am pleased that it will increase the likelihood that all North Carolinians are able to live in vibrant communities and pursue employment in workplaces free of environmental risks,” said Dr. James H. Johnson Jr., the DEQ Secretary’s Environmental Justice and Equity Board chair.

The North Carolina Climate Change Interagency Council is to identify strategies to increase diversity in industries and occupations that address climate change in the state. The administration will work with the North Carolina Business Committee for Education and others to expand a clean energy youth apprenticeship programs with an emphasis on educational institutions that serve underrepresented communities.

Environmental Defense Fund’s North Carolina State Director David Kelly said in a statement Friday that the executive order is an important signal that the state is sharpening its focus on addressing climate change and creating a more equitable clean energy future.

“The measures in EO246 raise the ambition of the state’s climate goals to align with the latest science, take aim at curbing harmful pollution across the state’s transportation sector (the second-largest emitting sector behind power plants), and begins important work to directly address the needs of North Carolina communities historically overburdened by pollution,” he said. “For too long, conversations regarding equity and climate have been siloed, when in reality these issues deeply intersect as historically marginalized communities bear the disproportionate burden of pollution and are on the frontlines of increasingly damaging climate impacts. EO246 sets the stage to consider these issues in tandem, which is essential to making meaningful progress towards a more equitable, climate-safe future.”

Kelly concluded by saying, “Standing alongside our equity partners, we are eager to roll up our sleeves to help ensure that this executive order tangibly advances North Carolina toward a more equitable, cleaner future. We look forward to working with communities and the Cooper administration in the development of the plans outlined in EO246 while using existing tools to rapidly drive down carbon pollution across the transportation and electric-power sectors.”

Several representatives from the Southern Environmental Law Center provided statements, as well.

“For years, we’ve been advocating that the Cooper administration expand its focus on climate change to include the transportation sector, which is quickly becoming the number one source for heat-trapping emissions in North Carolina. We welcome the governor taking this step and look forward to working with the administration to create a meaningful clean transportation plan that sets out wide-ranging strategies to reduce emissions, and to do so equitably,” said Mary Maclean Asbill, director of the Southern Environmental Law Center’s North Carolina offices.

“The clean transportation plan will build on work already underway to tackle climate change at the North Carolina Department of Transportation put into place by previous agreements between the agency and SELC,” said Kym Hunter, senior attorney at the Southern Environmental Law Center.  

“This executive order helps clarify that the impact of environmental harm on overburdened North Carolinians is pervasive and the sources and solutions must be identified and addressed across our state agencies,” said Chandra Taylor-Sawyer, leader of SELC’s Environmental Justice Initiative. “If done aggressively and intentionally, the order’s directives on investing federal and state funds in these communities can be transformative.”  

SELC continues to urge Cooper to push forward with its commitment to reduce emissions from the energy sector, including by completing rulemaking on joining the proven Regional Greenhouse Gas Initiative, according to the release.

Electrification Coalition Senior Policy Manager Anne Blair said in a statement that “Executive Order 246 establishes that North Carolina will be a leader in the transition to a transportation system untethered from oil. And it sends yet another powerful signal to the market that the future of transportation is unquestionably electric.

“The Electrification Coalition applauds the Cooper Administration for taking action to expand its commitment to transportation electrification and bolster associated job opportunities in a way that proactively supports all North Carolina communities,” Blair said. “The goals laid out in EO 246 reflect the urgency with which we must address the economic, national security and public health challenges associated with our dependence on oil. We look forward to working with the administration on the implementation of these exciting new commitments.”

The North Carolina Department of Environmental Quality recapped what officials call “key actions” that took place over the last year that are “to protect the environment and health of all North Carolinians, and to address the impacts of climate change.”

Secretary Elizabeth S. Biser said in an announcement Thursday that NCDEQ is committed to protecting the resources and people of the state.

“We look forward to the opportunities in the year ahead to help communities replace aging infrastructure, improve air and water quality and build a more resilient North Carolina,” she said.

One action that took place in November was the approval of the 2021 Amendment to the North Carolina Coastal Habitat Protection Plan, a long-term effort to preserve coastal fisheries through habitat protection and enhancement.

The Coastal Resources Commission, Environmental Management Commission and Marine Fisheries Commission all unanimously approved the amendment, which includes recommended actions to improve the resilience of coastal habitats and communities, and protect the coastal economy that relies on clean water for tourism and fishing.

The amendment includes Appendix A, an early public comment submitted by an independent stakeholder workgroup led by the North Carolina Coastal Federation and The Pew Charitable Trusts, and Appendix C consisting of written public comments.

Also this year, the Division of Water Infrastructure released a draft Administration Plan for the $1.69 billion in federal funds appropriated in the state budget for drinking water, wastewater and stormwater infrastructure.

Division of Air Quality released the Phase 2 of the Volkswagen Mitigation Settlement funding plan, which details how the state will invest nearly $68 million in grants for vehicle replacements that reduce NOx and provide public health benefits.

Division of Marine Fisheries distributed more than $5.2 million in financial relief funded by the federal Coronavirus Aid, Relief, and Economic Security, or CARES, Act to 197 eligible members of fishing industries who sustained income losses in the spring of 2020 due to COVID-19.

The Division of Coastal Management awarded in March $675,000 in grants to 25 communities for technical assistance in risk assessment and resilience planning work under the North Carolina Resilient Coastal Communities Program.

In November, the division received nearly $546,000 in grant funding from the National Fish and Wildlife Foundation’s Emergency Coastal Resilience Fund 2021 grant cycle. The award, in addition to $1.15 million appropriated in the state budget, will be used to support community resilience through the program.

DEQ expanded the actions required by Chemours to address GenX/ PFAS (per-and polyfluoroalkyl substances) contamination in the Cape Fear Region. DEQ took enforcement actions against Chemours with fines of nearly $500,000 for several violations and for exceeding the facility-wide GenX annual air emissions limit.

DEQ filed a complaint and motion for Injunctive Relief in Mecklenburg County Superior Court to force Colonial Pipeline to meet their obligations as the responsible party in the state’s largest gasoline spill. 

NCDEQ also shared the following 2021 grants and recognitions:

• The State Water Infrastructure Authority approved 142 drinking water and wastewater projects during February and July funding rounds. A total of nearly $436 million was awarded to help communities maintain and improve drinking water and wastewater infrastructure.
• The North Carolina Weatherization Assistance Program, which helps low-income residents save energy, reduce their utility bills and stay safe in their homes, disbursed more than $19 million in federal grants, allowing more than 1,250 homes to be weatherized and more than 800 HVAC units be repaired or replaced.
• With federal agencies, NCWAP and CARES Act grant funding, the State Energy Office awarded $211,400 to provide community solar resources for qualified low-income residents.
• The Division of Air Quality awarded $1.3 million in grants for projects to reduce air pollution from diesel-powered mobile sources.
• The Division of Coastal Management awarded more than $1.1 million to nine local governments to improve public access to coastal beaches and waters.
• The Division of Water Resources awarded $1.1 million from the federally funded 319 Grant program to six organizations to fund agricultural best management practices, stormwater retrofits, stream restoration, and educational and community mobilization activities.
• The Division of Environmental Assistance and Customer Services’ Recycling Program provided $492,937 in business development grants to 16 recycling companies.
• The Division of Waste Management awarded $500,000 to 64 county governments to support local electronics management programs, which provide residents with opportunities to recycle electronics like televisions and computer equipment, and awarded nearly $437,000 to 49 county governments to support scrap tire management programs.
• The Division of Mitigation Services completed 139 projects in 2021, representing $84.8 million invested with private and public firms, which restored, enhanced and protected 1.28 million linear feet of stream, nearly 7,120 acres of riparian wetlands, 1,092 acres of nonriparian wetlands, 16.6 acres of coastal marsh and 11.3 acres of riparian buffers. 
• The Division of Mitigation Services instituted 25 new projects, using private mitigation providers, to restore, enhance and protect 73,085 linear feet of stream, 139.5 acres of riparian wetlands, 13.1 acres of nonriparian buffer, and 59.2 acres of riparian buffers, 11,418 pounds nitrogen reduction and 643 pounds of phosphorus reduction. The contracts for the new projects totaled $32.3 million.
• The department’s Environmental Stewardship Initiative recognized a new steward, two new rising stewards and nine new members. The program currently has 200 member sites.
• In 2021, 22 educators completed the Office’s Environmental Education Certification Program while 121 individuals enrolled in the program.

Major new policies on resilience and flood mitigation and a return to high levels of conservation and water quality funding have been hailed as the major win in this year’s state budget, but that doesn’t mean there aren’t large swaths of concern amid the more than 1,200 pages of fund allocations and policy provisions.

The two-year budget is the first full biennial budget to become law since 2017. The resilience and flooding provisions will be put into action with allocations totaling close to $1 billion, much of that legislation received the strong backing of the state’s environmental organizations.

Cassie Gavin, senior director of governmental affairs with the North Carolina Sierra Club, said the initiatives showed strong commitments on resiliency and conservation, but there were provisions scattered through the document that wouldn’t have passed scrutiny otherwise.

“There were some big highlights,” she said, “and then definitely, we had some special provisions that shouldn’t belong in the budget at all.”

‘Snag and drag’

One section that’s drawn criticism would pump $38 million into a program for stream debris removal that allows contractors to operate outside water-protection and fire-control rules.

“We’re very concerned about snag and drag and all the exemptions in the provision,” Brooks Rainey Pearson, attorney with the Southern Environmental Law Center, recently told Coastal Review.

The program would direct the money from a state capital and infrastructure fund to the Department of Environmental Quality.

DEQ would then develop a plan and schedule for stream debris removal within five “targeted watersheds” — the Neuse River basin, Cape Fear River basin, Lumber River basin, Tar-Pamlico River basin and White Oak River basin.

DEQ is to contract with private companies to do the work, but budget language authorizing the program restricts the department’s authority over the projects and exempts contractors from requirements for stormwater or water quality permits as well as all state game laws and forestry statues on open burning. It also directs DEQ to waive any rights of certification under Section 401 of the Clean Water Act for projects funded by the program.

Rainey Pearson said the combination of exemptions means contractors will be able to drag debris up on the banks and burn it with little oversight.

Grady McCallie, policy director for the North Carolina Conservation Network, said the provision as written would greatly reduce the amount of input state regulators would have in reviewing projects, even if they’re required to have a federal permit.

“If you have to get Army Corps of Engineers-permitted for doing stuff in waters of the United States, you still have to get that permit. This doesn’t change that, but it does eliminate the state’s ability to condition and comment on that permit to protect water quality,” McCallie said. That takes the state out of its role in water quality protection and reduces the input of people with on-the-ground familiarity with the watershed. “It’s not a good idea to get rid of that.”

The legislature did delay funding any stream debris removal projects under the program until at least the first draft of a statewide flooding blueprint is completed. That could give the legislature time to go back and tweak the oversight exemptions as well as analyze the impacts, McCallie said.

“It would be really dumb just to spend this money and end up increasing flooding, by speeding up the movement of water downstream on to other communities,” he said. “There’s every chance that you can do that if you do without studying what you’re doing and without environmental review. You could think that you’re taking water off one community but what you’re really doing is just speeding it down to the next and flooding them.”

Career jobs to become political appointments

Another provision that’s getting attention from environmental groups would shift five positions in the Office of Administrative Hearings from career positions to political appointees.

Although those positions haven’t been named, Rainey Pearson said the worry is how the shift could impact administrative hearings going forward. 

“That’s often the first stop for environmental cases,” she said.

McCallie said the administrative judges oversee challenges to environmental permits known as contested cases.

“What we don’t know is whether these five positions would be administrative law judges. There’s been nothing in writing to say that one way or another, but we’re concerned about the politicization of that office,” he said. “They need to be impartial, and having career civil servants doing that makes them more familiar with the laws that they are reviewing. That makes a lot of sense.”

The provision would give the chief administrative law judge authority to designate the five from existing positions. The chief judge is appointed by the chief justice of the Supreme Court. Last summer, new Chief Justice Paul Newby appointed Donald van der Vaart, who served as DEQ secretary under Gov. Pat McCrory, to the position.

Local government wins, losses

Gavin said that as the negotiations were winding up, there was an all-out effort to dial back many of the environmental provisions aimed at restricting local governments.

Earlier versions of the budget included limitations on local governments to implement tree-protection ordinances and water-quality requirements.

Those provisions were stripped in the final round of talks on the bill, Gavin said. So was another provision aimed at reducing wetland protections.

One long-sought set of changes benefitting the billboard industry did make it into the final bill. Gavin said those changes further reduce authority over billboards by both local governments and the Department of Transportation and could clear the way for more digital signs as well.

“It’s all the little things that the outdoor advertising industry has previously sought before but not gotten,” she said. “It’s essentially a previous bill that was vetoed by the governor in past years and it’s stuck in there to get through the legislature even though it wouldn’t normally.”     

Annual blue crab harvest closures are scheduled for early next year in North Carolina waters to help end overfishing.

The harvest closure period runs from Jan. 1-31 in state waters north and east of the Emerald Isle bridge and from March 1-15 for waters south and west of the bridge, North Carolina Division of Marine Fisheries said in a reminder announcement Monday.

During the closure period, pots of any type must be removed from internal coastal fishing waters, excluding ocean waters, and possession of blue crabs regardless of harvest gear type is prohibited from all coastal fishing waters, which are ocean and internal coastal waters. Pots are allowed in ocean waters for other targeted species, such as black sea bass.

The 2018 North Carolina blue crab stock assessment results indicate the blue crab stock is overfished and experiencing overfishing. State law required measures be taken to achieve sustainable harvest within 10 years and to end overfishing within two years, officials said.

In order to reduce harvest to a sustainable level, the Blue Crab Fishery Management Plan Amendment 3, which included the annual harvest closure, was adopted by the North Carolina Marine Fisheries Commission at its February 2020 business meeting.

The director of the Division of Marine Fisheries implemented the new measures through a proclamation also listed on the division’s website.

For more information, contact division biologists Daniel Zapf at 252-946-6481 or Daniel.Zapf@ncdenr.gov or Janelle Johnson at 252-381-6007 or janelle.johnson@ncdenr.gov.

State Division of Marine Fisheries officials are asking that the public report any cold-stunned spotted seatrout they see in coastal waters.

During the winter, spotted seatrout move to relatively shallow creeks and rivers, where they can be vulnerable to cold stun events, which have the potential to occur when there is a sudden drop in temperature or during prolonged periods of cold weather, making fish so sluggish that they can be harvested by hand, officials said.

While there have been no cold-stun events reported so far this season, if concerning weather conditions happen in the coming weeks, there could be, which could lead to death from the cold or fall prey to birds and other predators.

Studies suggest that cold stun events can have a significant negative impact on spotted seatrout populations.

Spotted seatrout cold stun events can be reported at any time to the N.C. Marine Patrol at 1-800-682-2632 or during regular business hours to the division spotted seatrout biologist Tracey Bauer at 252-808-8159 or Tracey.Bauer@ncdenr.gov.

If reporting a spotted seatrout cold stun event, please provide the specific location, date and time the cold stun was observed, and contact information.

Under the North Carolina Spotted Seatrout Fishery Management Plan, if a significant cold stun event occurs, the Division of Marine Fisheries will close all spotted seatrout harvest within a management area until the following spring.

A significant cold-stun event within a management area is determined by the size and scope and water temperatures. Data loggers are deployed statewide to continuously measure water temperatures in coastal rivers and creeks that are prone to cold stuns.

Closing harvest allows fish that survive the cold stun event the chance to spawn in the spring before harvest reopens. Peak spotted seatrout spawning occurs from May to June.

Under N.C. Wildlife Resources Commission rules, the spotted seatrout season automatically closes in inland waters when it closes in adjacent coastal waters.

Updated Thursday:

Gov. Roy Cooper on Thursday signed the state budget and two other bills into law, his office announced.

Cooper had said during a press conference Tuesday that he would sign the $53 billion spending plan unveiled Monday, clearing the way for passage of the first biennial state budget since 2017.

“This budget moves North Carolina forward in important ways. Funding for high speed internet, our universities and community colleges, clean air and drinking water and desperately needed pay increases for teachers and state employees are all critical for our state to emerge from this pandemic stronger than ever,” Cooper said Thursday in a statement. “I will continue to fight for progress where this budget falls short but believe that, on balance, it is an important step in the right direction.”

Cooper also signed House Bill 404, which provides limited civil immunity for 911 call service providers, and Senate Bill 183, which expands the use of ignition interlock systems to reduce alcohol-related accidents.

Original report, “State budget sails toward passage,” published Nov. 16 follows below:

The long-running standoff between state House and Senate leaders and Gov. Roy Cooper ended Tuesday, clearing the way for passage of the first biennial state budget since 2017.

The plan would spend $25.9 billion this year and $27 billion next year and includes pay raises for state employees and cost-of-living adjustments for retirees, along with significant funding increases for coastal infrastructure, flood resilience and the largest appropriations for land conservation, parks and clean water projects in more than a decade.

The legislation, the product of a lengthy, drawn-out negotiating process between the legislative chambers and Cooper, was announced Monday and cleared its first vote in the Senate 40-8 Tuesday, shortly after Cooper announced he would sign the bill.

The Senate is expected to give the bill final approval Wednesday and send it on to the House, where it requires two votes over two days before it goes to the governor.

In a noon press conference detailing the pros and cons of the budget plan, Cooper said he was disappointed with education spending totals, lack of Medicaid expansion — a major hitch in the 2019-2020 negotiations — and GOP tax policies, but added that the bill and the state needed to move forward.

“There are critical funding opportunities in this budget that we must seize now, in this extraordinary time,” Cooper said. “Many of those opportunities would evaporate if I vetoed the budget and Republicans simply left Raleigh rather than reenter negotiations.”

Cooper also objected to several provisions that he said were unconstitutional and predicted they would ultimately be overturned in a court challenge.

Among the dozens of other policy provisions are two that make the both the North Carolina Policy Collaboratory and the North Carolina Office of Resiliency and Recovery permanent parts of state government.

NCORR was formed in the wake of Hurricane Florence to administer extensive federal aid programs and coordinate resiliency policy. In the new budget, NCORR’s work is expanded as part of a broad framework of flooding initiatives and resiliency projects, including development of a statewide blueprint to detail risks and strategies to prevent flooding.

The blueprint is part of more than $1 billion in spending on water and sewer infrastructure, flood prevention and resilience grants.

The Collaboratory, which was started in 2016 to tap into university science resources and coordinate policy research, has been involved in environmental issues around emerging contaminants and water quality as well as coastal efforts on shellfish leasing, oyster promotion and marine fisheries policy.

In this year’s budget, the Collaboratory is charged with conduction a comprehensive study of fisheries policies.

Coastal and environmental advocates praised the measure.

Todd Miller, executive director of the North Carolina Coastal Federation and publisher of Coastal Review, called the budget historic for the North Carolina coast.

“It makes investments in flood resilience, water quality, living shorelines, oysters and the shellfish industry and coastal debris clean up at a scale that we have not seen before. Thank you to all the legislators and Gov. Cooper for working together on this bipartisan compromise spending plan,” Miller said.

“North Carolina’s budget includes historic investments in flood resilience and the highest level of state funding for conservation in over a decade. This is the kind of bold investment North Carolina needs to protect and restore our state’s natural landscapes in a way that benefits everyone. We’ll get cleaner air and water, more habitat for birds, and safer, healthier communities for people,” said Zach Wallace, senior policy manager at Audubon North Carolina.

Will McDow, the Environmental Defense Fund’s director of Climate Resilient Coasts and Watersheds, said the budget was “an important down payment” for a more flood-resilient future.

“Investments in natural infrastructure will deliver increased flood protection for more communities, more farmers and more businesses across the entire state — creating jobs while also improving the quality of our environment,” he said. “No region of our state is immune to the threat of flooding. Investments in natural solutions, such as floodplain and wetland restoration, help reduce the risk of flooding, while also increasing the health and vitality of our environment and delivering quality of life improvements for communities from the coast to the mountains.”

Kirk Ross and Mark Hibbs contributed to this report.

This story has been updated.

Gov. Roy Cooper has appointed numerous eastern North Carolina residents to serve on state boards and commissions.

According to an announcement Wednesday, Cooper appointed Robin W. Smith of Chapel Hill to the North Carolina Environmental Management Commission as a member with special training or scientific expertise in hydrology or water pollution control, and as chair.

Smith, who most recently served on the Coastal Resources Commission, is a lawyer with more than 25 years experience in environmental law and policy. Before starting a private environmental law and consulting firm in 2013, Smith served 12 years with the North Carolina Department of Environment and Natural Resources as assistant secretary for Environment.

Appointment effective dates were Oct. 26. Smith’s resignation from the Coastal Resources Commission was effective the same day.

Also, Cooper appointed Ronna Zimmer of Wilmington to the North Carolina Arts Council as a member at large. Zimmer completed her fifth term as president of board of trustees at Thalian Hall Center for the Performing Arts in 2019. She was also appointed by county commissioners to the New Hanover County Library Advisory Board. Zimmer is a member of the board of directors of the Wilmington Symphony Orchestra.

Cooper appointed Leanna Radford of Havelock to the Global Transpark Authority as a representative of the economic development industry. Radford retired after 19 years with Fleet Support Team Logistic site lead at Fleet Readiness Center East, Cherry Point. Previously, she worked as an engineer in the Naval Aviation Depot at Marine Corps Air Station Cherry Point.

Cooper appointed Marilyn Muyshondt Graham of Leland to the Governor’s Advisory Council on Hispanic/Latino Affairs as a member at large. Graham works in Multicultural Workforce Development and Outreach for Brunswick Community College, where she has helped develop bilingual programs and brought in educational grants.

Cooper appointed Cedric A. Dickerson of Wilmington to the North Carolina Human Relations Commission as the 7th District representative. Dickerson works as an insurance agent at State Farm and is vice president of State Farm Agent and Associates PAC. The congressional district includes the southeastern part of state and swath that stretches north to Raleigh.

Cooper appointed Kris Cahoon Noble of Swan Quarter to the North Carolina Marine Industrial Park Authority as a member at large. Noble is the county manager for Hyde County. She previously served as the director of Planning and Economic Development for Hyde County. Noble has also completed multiple community development and housing grant projects.

Cooper appointed Gregory L. Washington of Wilmington and Susan W. Rabon of Southport to the North Carolina State Ports Authority Board of Directors as members at large.

Washington is the international representative for the International Longshoremen’s Association. He currently serves on the New Hanover County Port, Waterway & Beach Commission, and the Cape Fear Workforce Development Board.

Rabon is the vice president of Commonwealth Home Health Care and Commonwealth Document Management. Rabon also served as a commissioner on the North Carolina Utilities Commission, a deputy attorney for administration for the state Department of Justice, and as a senior assistant for administration for the governor’s office. Rabon currently serves as chairperson of the Bald Head Transportation Authority.

Cooper appointed Randall Elbert Lee of Halifax to the Roanoke River Basin Bi-State Commission as a resident within the North Carolina portion of the basin. Lee previously held the position of correctional administrator of Caledonia Correctional Institution for 18 years and retired with 31 years of service. After this first retirement Lee rejoined the workforce with the North Carolina Department of Public Safety, as the correctional administrator for Polk Correctional Institute and was promoted to deputy director, retiring for a second time shortly after.

Cooper appointed Deirdre L. McGlone-Webb of Wilmington to the U.S.S. North Carolina Battleship Commission as treasurer. Webb is a branch manager with South State Bank. She retired from SunTrust Bank after more than 25 years of service.

Cooper appointed to the North Carolina Wildlife Resources Commission Michael K. Alford of Jacksonville as the second wildlife district representative and J. Carlton Cole of Hertford as a member at large.

Alford is the president of Marine Chevrolet Cadillac in Jacksonville. Alford represented North Carolina’s franchised new car dealers on the board of directors of the National Automobile Dealers Association. Alford served on the North Carolina Board of Transportation.

Cole retired in 2021 after 12 years as superior court judge in North Carolina’s 1st Judicial District. Prior to becoming a superior court judge, Cole spent 17 years as a district court judge in the same district. Cole was presented the Order of the Long Leaf Pine, the state’s highest civilian recognition, and Friend of the Court, the highest award given by the North Carolina Judicial Branch.

Legislators are expected to begin voting on new congressional and state legislative districts next week.

Mapmaking for the new districts is drawing to a close after a series of hearings and public comment sessions held over the course of the last month on a variety of proposals for redrawn districts for Congress and the state House and Senate.

Versions under consideration, including maps and statistics can be found at the North Carolina General Assembly website at www.ncleg.gov, including the following:

• House redistricting plans.
• Senate redistricting plans.
• Public comments form.

A House plan introduced Thursday is set to be heard at 2 p.m. Monday by the chamber’s redistricting committee, but congressional and state Senate plans have yet to be finalized.

Legislative leaders said they expect the plans to be voted on by the end of next week and told legislators to be prepared to stay in session through Friday.

The state constitution gives the General Assembly sole authority in mapmaking and plans adopted by the legislature are not subject to veto by the governor.

That doesn’t mean that any maps voted out next week are set in stone.

Once passed by each chamber, the new plans would be likely to face extensive legal challenges in both federal and state courts. Maps for the last two redistricting cycles were repeatedly challenged at the state and federal levels and final sets of districts weren’t in place until the last election cycle in each decade.

The legislature is adding a 14th district this year since the state was awarded an additional congressional seat following the 2020 Census.

Scientists will meet for a peer-review workshop Nov. 8-10 with state Division of Marine Fisheries staff to review the draft assessment of the North Carolina striped mullet stock.

The discussions, held by webinar, are set for noon to 5 p.m. Nov. 8, 9 a.m. to 5 p.m. Nov. 9 and 9 a.m. to 5 p.m. Nov. 10.

The public is welcome to listen to the workshop by phone or listen and view presentations in real-time by joining online but comment will not be accepted during the workshop. Directions for attending the webinar are on the division website. The discussion at any point may close to the public to allow the peer reviewers to deliberate and complete a draft version of their peer review report, or for the stock assessment workgroup to address outstanding tasks.

A stock assessment is a scientific analysis that uses information gathered from commercial and recreational fisheries, data from scientific sampling and observations, and fish biology to determine the abundance of a fish population and, when possible, predict future trends of stock abundance, according to the division.

A peer review is an evaluation of scientific work by independent, unbiased experts. A fisheries stock assessment peer review evaluates the validity of data used, the appropriateness of the assessment model used, and the rationale of any assumptions used to determine if the science conducted is adequate for use in fisheries management. Peer review scientists have not been involved in or had input into the development of the stock assessment and have no stake in the outcome.

The Division of Marine Fisheries is opening the workshop to the public for improved communication and public understanding of fisheries stock assessments.

More than $1.1 million has been awarded to seven towns and two counties to improve public access to coastal beaches and waters.

The North Carolina Department of Environmental Quality’s Division of Coastal Management announced Friday recipients of the funding through the Public Beach and Coastal Waterfront Access Program, which is now in its 40th year. The program provides matching funds to local governments in the state’s 20 coastal counties.

“For 40 years, the Public Beach and Coastal Waterfront Access Program has helped fund key projects that enhance access and improve experiences for residents and visitors enjoying the natural beauty of our coastal waterways,” said Elizabeth S. Biser, Secretary of the Department of Environmental Quality. “DEQ is honored to offer this support for our local partners and the coastal economy.”

The following local governments received the grants:

• Atlantic Beach received $73,288 to build a 290-foot handicap-accessible dune crossover at the DoubleTree East Public Beach Access.
• Cedar Point received $60,000 to build an accessible kayak launch that complies with Americans With Disabilities Act guidelines with shaded wheelchair parking at the Boathouse Creek Walking Trails Park. The project includes both an accessible parking area and walkway to the kayak launch.   
• Elizabeth City received $92,180 to fund the George M. Wood Memorial Park Restoration Project, which will rehabilitate the existing boardwalk on the Pasquotank River and provide parking space that complies with ADA access guidelines at the existing public access.
• Holden Beach received $180,460 for the acquisition of oceanfront property.
• Hyde County received $90,750 to renovate the Engelhard Far Creek Boardwalk.  
• Nags Head received $200,000 to remove the existing bathhouse and dune walkover and install a new bathhouse and dune walkover with upgraded parking, site amenities and landscaping at existing oceanfront access with improved accessibility at the Epstein Street Public Beach Access.
• New Bern received $110,809 to extend the existing marshwalk and add a fishing platform at Lawson Creek Park.   
• Tyrrell County received $25,650 for Phase III of the Scuppernong River Park Renovation to expand existing pier platform at the existing public access site.
• Washington received $350,000 for Phase II of the Wetlands Boardwalk Reconstruction to renovate 1,024 feet of the pedestrian boardwalk.           

Governments that receive grants must match them by contributing at least 25% toward the project’s cost. The program is funded by the North Carolina General Assembly through the state’s Parks and Recreation Trust Fund. Access projects may include walkways, dune crossovers, restrooms, parking areas, piers and related projects. Funds also may be used for land acquisition or urban waterfront revitalization.

Staff with the state Division of Coastal Management selected the recipients based on criteria set by the North Carolina Coastal Resources Commission.

The grant program has provided more than $48 million for 461 public waterfront access sites since the program began in 1981. For more information about the program, go to the Public Beach and Coastal Waterfront Access website. To find access site locations visit the interactive webmap at coastalaccess.nc.gov. 

Residents can learn from the state next month the current actions underway to prevent and remediate per-and polyfluoroalkyl substances, or PFAS, contamination at the Chemours Fayetteville Works Facility.

The North Carolina Department of Environmental Quality is hosting a remote community information session 6 p.m. Tuesday, Nov. 16. The public is invited to participate by phone or online.

During the information session, there will be updates from NCDEQ’s air, water and waste management divisions about emission reduction requirements, upcoming permit actions, drinking water well sampling results and replacement water updates, according to the state. Officials from the North Carolina Department of Health and Human Services will provide an overview of knowledge about potential health effects and how to reduce exposure.

To dial in, call 1-415-655-0003 and use access code 2427 524 0753. To view the meeting online through WebEx at https://ncdenrits.webex.com/ncdenrits/j.php?MTID=m20e1854b10e617d07b77546e228cf776. Event password is 1234.

After the presentations by state representatives, community members who registered online before the meeting will have an opportunity to ask questions. There will also be an opportunity to ask questions through a chat feature in the web conferencing software.

More information about the state’s investigation can be found at https://deq.nc.gov/news/hot-topics/genx-investigation. Information for residents can be found at https://deq.nc.gov/news/key-issues/genx-investigation/genx-information-residents.

A new North Carolina law directs state regulators to “take all reasonable steps” to significantly reduce energy producers’ carbon emissions within the decade.

The recently passed bipartisan legislation that Gov. Roy Cooper signed Wednesday also requires the state Utilities Commission to work toward carbon neutrality by 2050. House Bill 951, Energy Solutions for North Carolina, calls for carbon emissions to be reduced 70% by 2030.

“Today, North Carolina moves strongly into a reliable and affordable clean energy future,” Cooper said in a statement.

“This new bipartisan law requires the North Carolina Utilities Commission to take steps needed to get North Carolina a 70% reduction in carbon emission by the year 2030 and to carbon neutrality by 2050,” Cooper continued. “Making transformative change is often controversial and never easy, especially when there are different points of view on big, complex issues. But coming to the table to find common ground is how government should work.”

The new law is the product of a yearslong back and forth between Duke Energy and other electricity providers, environmental groups, green energy companies, large-scale power consumers and, ultimately, the governor and legislative leaders, who announced a deal two weeks ago.

The carbon-reduction goal in the bill mirrors targets Cooper laid out in his 2018 energy policy plan.

An earlier version of the bill that set no carbon limits but would have put in place detailed rules around various fuel sources passed the House this summer. The bill underwent an extensive rewrite in the Senate, with the new version establishing the carbon targets and giving the utilities commission authority to set the rules to reach them as well as the phase out of Duke’s fleet of coal burning units.

Although the new law has won praise for the carbon-reduction goals, consumer and environmental advocates have said it still gives Duke Energy too much wiggle room in reaching the goals as well as the potential for costly, multi-year rate hikes. 

“While today’s signing puts into law admirable climate change goals, it requires yet another plan to reach goals that the governor set out three years ago,” Derb Carter, senior attorney with the Southern Environmental Law Center, said in a statement. “The Environmental Management Commission already has a plan underway that would result in carbon emissions reductions beginning next year and we can’t afford to wait on another plan with more delay.”

The law center, on behalf of Clean Air Carolina and the North Carolina Coastal Federation, filed a rulemaking petition to reduce heat-trapping carbon pollution from power plants, along with a proposed rule, that was approved July 13 by the North Carolina Environmental Management Commission and sent to the Department of Environmental Quality for rulemaking.

Kirk Ross contributed to this report.

RALEIGH –The Department of Environmental Quality’s Division of Water Infrastructure announced Monday that public comments are being accepted on a draft priority rating system for ranking wastewater and drinking water construction projects for funding from the Viable Utility Reserve.

Comments may be submitted until 5 p.m. Nov. 1.

The North Carolina General Assembly created the reserve in 2020 to assist local governments with utilities that are designated as distressed by the State Water Infrastructure Authority and the Local Government Commission. Under the law, the division must rank each application for authority review. The authority must consider the division’s ranking when it reviews an application.

The division and the State Water Infrastructure Authority use a priority rating system for projects seeking funding through the State Revolving Fund and State Reserve programs. This priority rating system is being considered by the authority for use in ranking applications to the reserve. The authority tasked the division with seeking public comment on the use of this rating system for reserve-funded construction projects.

Officials said the proposed rating system prioritizes assistance to community applicants with greater socioeconomic constraints. Under Category 4 of the proposed rating system, applicants from local governments that are smaller in size, charge higher water/wastewater rates, and/or have at least three indicators worse than state benchmarks (lower median household income, higher poverty rates, higher unemployment, lower population growth, and/or lower property valuation per capita) score higher, as they receive additional points in their applications.

Comments can be submitted in the following ways:

• By email to Cathy.Akroyd@ncdenr.gov with subject line “Draft VUR Priority Rating System Comments.”
• By phone to 919-707-9187.
• By mail to Cathy Akroyd, Division of Water Infrastructure, 1633 Mail Service Center,       Raleigh, NC 27699-1633.

The draft VUR Priority Rating System for wastewater and drinking water projects is available at: https://files.nc.gov/ncdeq/WI/vur/Draft-Priority-Rating-System-for-VUR-projects-with-addtl-footnote-language.pdf.

After a year-long collaborative planning effort to address flooding and polluted runoff caused by heavy rains, Atlantic Beach’s Watershed Restoration and Stormwater Resilience Plan has been approved by the state.

The town’s impervious surfaces have increased over the years and contributed to the lands inability to absorb rainwater. The plan focuses on identifying and targeting sites to improve infiltration and provides targeted strategies to reduce flooding and improve water quality.

The North Carolina Coastal Federation, GPI Engineering and the Eastern Carolina Council of Governments partnered with the town to develop the plan funded by the state Division of Water Resources 205(j) program.

“One of the goals was to prioritize cost-effective stormwater reduction projects and increase community awareness and support for reducing runoff,” said Lauren Kolodij, deputy director with the federation.

“Storm resiliency and water quality are obviously very important for Atlantic Beach. We were excited to work with community partners on our Watershed Restoration & Stormwater Resilience Plan to addresses these issues,” said Atlantic Beach Mayor Trace Cooper. “And now, we’re even more excited that this plan has been approved from the N.C. Division of Water Resources. With this plan in place, our town is better positioned to continue our work to tackle these chronic issues.”

The council unanimously approved the plan and from there it went to the North Carolina Division of Water Resources to ensure the plan met criteria established by the Environmental Protection Agency for watershed plan development. Formal approval was recently awarded and now positions the town to apply for implementation funding from the state’s 319 grant program. The town is also reviewing additional funding sources in an effort to get the ball rolling to reduce runoff.

“What we’re trying to do with this watershed restoration plan is turn back the clock to mimic the natural hydrology of Atlantic Beach and increase infiltration of the rain. Increasing the infiltration of stormwater will not only improve water quality but also improves the Town’s stormwater resilience,” said Jonathan Hinkle, professional engineer and project consultant with GPI.

The state Department of Environmental Quality is accepting public comment on the Draft Coastal Habitat Protection Plan 2021 Amendment.

Comments are being accepted until 5 p.m. Oct. 21.

The Coastal Habitat Protection Plan is a long-term strategy to improve coastal fisheries through habitat protection and enhancement efforts.

The plan, which must be approved by the Environmental Management Commission, Marine Fisheries Commission, and Coastal Resources Commission, is to provide information on habitat distribution and abundance, ecological functions and importance to fish production, status and trends, threats to the habitats, and includes recommendations to address those threats, according to NCDEQ.

The draft plan amendment focuses on recommendations to address five priority issues:

• Submerged aquatic vegetation protection and restoration through water quality improvements.
• Wetlands protection and restoration through nature-based solutions.
• Environmental rule compliance to protect coastal habitats.
• Wastewater infrastructure solutions for water quality improvement.
• Coastal habitat mapping and monitoring to assess status and trends.

Also under public review and comment is Appendix A, which includes the findings, conclusions and recommendations by an independent stakeholder workgroup steered by the North Carolina Coastal Federation and The Pew Charitable Trusts during development of the 2021 amendment to the CHPP.

Related: Panel with stakes in clean water adds to coastal habitat plan

The public may comment by 5 p.m. Oct. 21 on the draft amendment and appendix by submitting comments online through a survey; by mail to CHPP 2021 Amendment Comments, P.O. Box 769, Morehead City, N.C. 28557; or sign up to speak during an advisory meeting. Those who wish to speak at the meetings must register by 5 p.m. the day before the meeting. 

The committees will meet by web conference on the following dates:

• Southern Regional Advisory Committee 6 p.m. Oct. 12. Register to speak by 5 p.m. Oct. 11.
• Northern Regional Advisory Committee 6 p.m. Oct. 13. Register to speak by 5 p.m. Oct. 12.
• Finfish Advisory Committee 6 p.m. Oct. 14. Register to speak by 5 p.m. Oct. 13.
• Shellfish/Crustacean Advisory Committee 6 p.m. Oct. 19. Register to speak by 5 p.m. Oct. 18.
• Habitat & Water Quality Advisory Committee 6 p.m. Oct. 20. Register to speak by 5 p.m. Oct. 19.

This story has been updated to note final approval for public review.

The Coastal Resources Commission this week approved the Coastal Habitat Protection Plan amendment for public review.

The commission voted Wednesday to approve public review of the amendment and a related appendix with input received during an early public comment period facilitated by the North Carolina Coastal Federation and The Pew Charitable Trusts with the Coastal Habitat Steering Committee’s approval.

The plan has been guiding the state’s “long-term enhancement of coastal fisheries through habitat protection and enhancement efforts” since its approval in 2004 by the North Carolina Marine Fisheries, Environmental Management and Coastal Resources commissions, according to the state. It is to be revised every five years to reflect changes in the status of habitat protection.

The Marine Fisheries Commission approved the 2021 amendment for public review during its meeting Aug. 27 and the Environmental Management Commission voted similarly last week.

Patricia Smith, communications director for the divisions of Marine Fisheries and Coastal Management, told Coastal Review that the meetings to accept public comment would be held by web conference and scheduled in conjunction with five Marine Fisheries Commission advisory committee meetings that are tentatively planned for October.

Related: Resilience, natural approach basis of habitat plan tweaks

The public also may submit comments through an online survey. Meeting dates and times, and links to the web conference and an online survey are to be announced in the next couple of weeks, she added.

“After the public comment period, the draft CHPP amendment will go back to the three commissions at their November meetings for final approval,” she said.

Before the Environmental Management Commission’s vote, Jimmy Johnson, coastal habitats coordinator with the Albemarle-Pamlico National Estuarine Partnership, explained to commissioners that the 2016 Coastal Habitat Protection Plan source document had not changed and will continue to serve as the science document for the amendment.

The Coastal Habitat Protection resulted from the 1997 Fisheries Reform Act and concerns over declining fish stocks and the need to address habitat and water quality in order to improve those stocks.

Johnson said that in addition to healthy fisheries, there are a number of other benefits that go along with healthy fish habitats and water quality. The healthy habitats provide ecosystem services such as water filtration, erosion and flood control, and these services help to sustain the coastal tourism economy, the fishing industry and help to build coastal community resilience.

Anne Deaton, habitat program manager with the Division of Marine Fisheries, told the Environmental Management Commission that there’s an emphasis on water quality improvements in the amendment because of the effects of water quality on fish habitat and some concerning trends.

The recommended amendments focus on five priorities presented in the following issue papers: Subaquatic Vegetation, Protection and Restoration through Water Quality Improvement; Wetland Protection and Restoration through Nature-Based Solutions; Environmental Rule Compliance to Protect Coastal Habitats; Wastewater Infrastructure Solutions for Water Quality Improvement; and Coastal Habitat Mapping and Monitoring to Assess Status and Trends.

Deaton said the five issue papers may not seem related at first glance, but they are. If recommended actions in the environmental rule compliance and wetlands issue papers are put in place, then impacts to wetlands should be reduced, and possibly increase wetlands, which will lead to improved water quality, and, in turn, help the seagrass. In addition, the wastewater issue paper will help water quality as well benefit seagrass. The mapping and monitoring issue paper will help understand habitat trends and help target future actions as needed.

“So, the overall goal for these collective action is to have healthy habitats and more fish and at the same time increased coastal resilience,” she said, adding that it’s important to know that protecting and restoring coastal habitats is a solution “that we’ve been hearing more about that can reduce climate change impacts, and therefore, it increases coastal community resilience.”

In addition to the amendment, Appendix A will also go out for comment and review.

Deaton explained that the appendix includes early public comment from a stakeholder workgroup organized by the North Carolina Coastal Federation and The Pew Charitable Trusts with the approval of the Coastal Habitat Steering Committee.

“The purpose was to develop some crosscutting voluntary water quality recommendations that would be beneficial for coastal habitats and relevant to the issue papers in this amendment,” she said.

Their summary report was presented to the CHHP steering committee at the last meeting, and the steering committee then directed the team to include the report in the appendix, so that the public can see that and weigh in on those recommendations as well as those in Chapter 9 of that CHHP amendment.”

The CHPP Steering Committee is made up of members of the Marine Fisheries, Coastal Management and Environmental Management commissions. These commissioners review and approve the plan, recommendations and action for implementation.

The steering committee discussed convening a stakeholder workgroup during its January meeting. In April, state Department of Environmental Quality staff and steering committee members voted unanimously to encourage the two organizations to convene the workgroup, according to the appendix.

From May to July, the federation, Pew, steering committee members, DEQ staff, partners and others, collectively known as the North Carolina Coastal Habitat Coalition, worked to identify a set of voluntary water quality improvement actions that would support the plan’s goals, could be executed over the next five years and help minimize the need for regulatory action.

This report has been updated to note the Environmental Management Commission’s action Sept. 9 and correct date for the Marine Fisheries Commission meeting.

This report was updated Sept. 3 to include details on stakeholder recommendations.

The North Carolina Environmental Management Commission voted Sept. 9 to approve the 2021 amendment to the Coastal Habitat Protection Plan for public comment and advisory committee review.

The North Carolina Marine Fisheries Commission voted Aug. 27 to approve the proposed update for review. The latest action marks two of the three required approvals needed before the public review period can begin for the Department of Environmental Quality plan and related stakeholder recommendations. The Coastal Resources Commission is expected to consider approval for public comment during its meeting Sept. 15.

The 2021 amendment contains several recommendations focused on achieving the plan’s goal, which is long-term enhancement of coastal fisheries through habitat protection and enhancement efforts.

Stakeholder recommendations also approved

The approval for public review also includes Appendix A, the findings, conclusions and recommendations of an independent stakeholder workgroup convened by the North Carolina Coastal Federation and The Pew Charitable Trusts.

Input for the stakeholder workgroup came from a broad array of expertise, including farming; fishing; wetland and water quality mitigation practices; land development; local governments; environmental programs, laws and regulations; environmental engineering and management; and property management. The group reached consensus and recommended an array of nonregulatory actions to improve water quality.

In December 2004, the North Carolina Marine Fisheries, Environmental Management, and Coastal Resources Commissions unanimously adopted the North Carolina Coastal Habitat Protection Plan, which is to be revised every five years to reflect changes in the status of habitat protection, according to NCDEQ.

Other commission business

The commission also Thursday opted not to immediately initiate modifications to small-mesh gill net rules but agreed to address gillnet issues as needed through the fishery management plan process.

The commission considered a suite of potential management options for the small-mesh gill net fishery that focused on reducing regulatory complexity, potential bycatch, and user conflict. The Division of Marine Fisheries developed the proposals at the direction of the commission.

Division Director Kathy Rawls assured the commission that the division already does and will continue to address gill net issues through the fishery management plan process, according to the release.

In other business, the commission voted to:

• Ask the division to develop an issue paper to assess needed changes the mutilated finfish rule (15A NCAC 03M .0101).
• Set the cap on the number of licenses in the Standard Commercial Fishing License Eligibility Pool for fiscal year 2021-2022 at 500.
• Approve the five-year Fishery Management Plan schedule for review and final approval by the secretary of the Department of Environmental Quality.
• Approve notice of text to begin the process of readoption, repeal, adoption, and amendment of a slate of rules under a mandatory periodic review schedule (G.S. 150B-21.3A).
• Re-elect Doug Cross as commission vice-chairman.

RALEIGH — Elizabeth S. Biser is the first female secretary of the North Carolina Department of Environmental Quality.

The Senate voted Tuesday to confirm Biser for the role.

Gov Roy Cooper announced Biser’s appointment in late June, after the Senate voted to not confirm the governor’s previous nominee, Dionne Delli-Gatti. 

“I am ready to get to work on the issues that matter to the people of North Carolina,” said Secretary Biser.  “I thank Governor Cooper for the opportunity to return to this department as Secretary and I look forward to working with the General Assembly and all of our stakeholders to protect our environment and our economy.”

Biser, who was sworn in on July 1, previously served as the director of Legislative and Intergovernmental Affairs at DEQ’s predecessor agency, the N.C. Department of Environment and Natural Resources. Her private sector experience included serving as the President of Biser Strategies, LLC; Senior Policy Advisor of the Recycling Partnership; Vice President of Policy and Public Affairs of the Recycling Partnership; and the Government Relations & Policy Advisor of Brooks, Pierce, McLendon, Humphrey & Leonard, LLP.  She holds a Bachelor of Arts and a Master of Public Administration from the University of North Carolina at Chapel Hill.

Update Aug. 19: The Senate Committee on Nominations on Thursday gave unanimous approval to Elizabeth Biser’s confirmation as secretary of the N.C. Department of Environmental Quality.

Update Aug. 18: The Senate Agriculture, Energy and Environment Committee voted Wednesday to confirm Elizabeth Biser as secretary of the N.C. Department of Environmental Quality. A Nominations Committee decision is the next step before a Senate vote. The Select Committee on Nominations is expected to consider nomination at 9:30 a.m. Thursday.

The original story follows below.

RALEIGH – A Senate committee is set to consider confirmation of Elizabeth S. Biser, Gov. Roy Cooper’s appointee for secretary of the state Department of Environmental Quality.

The hearing is set for 1 p.m. Tuesday and is expected to be livestreamed.

Biser was sworn in as secretary July 1. Cooper appointed her in June after the Senate voted to not confirm the governor’s previous nominee, Dionne Delli-Gatti. Senate Republicans rejected her nomination over criticism that she had not developed a sufficient strategy on natural gas, a complaint leveled chiefly by Sen. Paul Newton, R-Cabarrus, former president of Duke Energy North Carolina.

Cooper subsequently named Delli-Gatti as the North Carolina clean energy director to lead the state’s transition to renewable energy.

Biser, a Whiteville native, was previously vice president of policy and public affairs of The Recycling Partnership, which provides grants, technical assistance and tools for improving recycling.

A workshop is planned for next week for the Southern Flounder Fishery Management Plan Advisory Committee to review draft Amendment 3 to the plan.

The meeting will be at 6 p.m. Aug. 10 by web conference. Join the meeting online using event number 161 915 2393 and password 1234 or by calling 415-655-0003. While the workshop is open to the public, public comment will not be accepted.

For web conference links, a workshop agenda, and other information on Draft Amendment 3 to the Southern Flounder Fishery Management Plan go to the Information on Southern Flounder Amendment 3 webpage.

The N.C. Division of Marine Fisheries is updating draft Amendment 3, which is anticipated to be reviewed and potentially approved for public and standing and regional advisory committee review in November 2021, according to officials. Southern flounder management continues under Amendment 2 while Amendment 3 is revised.

Management measures in Amendment 3 will be based on the 2019 stock assessment, requiring a minimum of 52% reduction in total removals starting in 2021 to rebuild the spawning stock biomass within 10 years. The Marine Fisheries Commission voted on sector allocations at their February 2021 business meeting, and amended the allocation decision at the March 2021 special meeting.

The updated document is anticipated to be available for the public prior to the November Marine Fisheries Commission business meeting.

The annual stock overview of state-managed marine fisheries species was released Wednesday.

Published by the Division of Marine Fisheries, the 2021 North Carolina Division of Marine Fisheries Stock Overview looks at available information through last year on long-term trends in catch, biological data and management to determine the overall condition of state-managed species. The division currently has 13 state-managed fishery plans. 

The overview also provides links to information on federally-managed and interstate-managed species important to the state.

The division provided the following highlights of this year’s stock overview for state managed species:

• Estuarine striped bass. A 2020 peer-reviewed benchmark stock assessment using data through 2017 found that the Albemarle-Roanoke estuarine striped bass stock is overfished and overfishing is occurring. As a result, restrictions in the Albemarle Sound Management Area took effect Jan. 1.
• Shrimp. The Marine Fisheries Commission approved in February 2020 a proposed rule language to reclassify special secondary nursery areas that have not been opened to trawling in years to permanent secondary nursery areas. The commission adopted the reclassification of nine areas in February through a revision to the Shrimp Fishery Management Plan amendment 1 that went into effect in May. Development of amendment 2 is underway and focuses on further reducing bycatch of nontarget species and minimizing ecosystem impacts.
• Blue crab. The Blue Crab Fishery Management Plan amendment 3 was approved in February 2020, and management measures were put in place to address the overfished and overfishing status of the stock based on results from the peer-reviewed 2018 benchmark stock assessment. Amendment 3 also contained the framework for establishing criteria for Diamondback Terrapin Management Areas where terrapin excluder devices are required. Two DTMAs were established in May 2020 in Masonboro Sound and the lower Cape Fear River, and beginning in March 2021, all pots used in these areas are required to have an approved excluder device in each funnel from March 1 to Oct. 31.
• Southern flounder. Commercial and recreational seasons implemented last year reduced landings but did not fully meet reductions required by the Southern Flounder Fishery Management Plan amendment 2. Development of the Southern Flounder Fishery Management Plan amendment 3 is underway, which will examine more robust management strategies, such as quotas, slot limits, size limit changes, gear changes and species-specific management for the recreational fishery.

For more information, contact Lee Paramore lee.paramore@ncdenr.gov or 252-473-5734.

RALEIGH – The North Carolina House has approved an energy bill that would require the legislature’s approval for the state to join a regional initiative to limit carbon dioxide pollution from energy producers.

The action comes just two days after the state Environmental Management Commission agreed to begin the rule-making process for the Department of Environmental Quality to participate in the Regional Greenhouse Gas Initiative.

House Bill 951, which now goes to the Senate, would prohibit “unauthorized executive branch actions” to participate in the initiative.

According to the bill’s text, “Until such time as the General Assembly enacts legislation to authorize the State’s participation in RGGI, and implementation of emissions limitations and cap and trade requirements attendant with the RGGI program, the executive branch shall be prohibited from taking such action.”

The measure was approved in two votes as required per House rules with the second coming just after midnight Thursday to in response to Democrats’ objections about back-to-back votes on the bill.

Gov. Roy Cooper hasn’t said outright that he would veto the bill if it reaches his desk, but he urged legislators to oppose the measure “unless important changes are made” to fix what he called “significant problems.”

“The House Republican energy legislation as currently written weakens the Utilities Commission’s ability to prevent unfair, higher electricity rates on consumers in the short run. And in the long run, this bill falls short on clean energy, which will create jobs and contain costs,” Cooper said Wednesday in a statement.

The state Environmental Management Commission voted Tuesday to move forward with the process to develop rules to limit carbon dioxide pollution from the state’s electric power sector.

In a 9-3 vote during its special meeting in Raleigh, the commission cleared the way for the Department of Environmental Quality to begin the rule-making process, which will include opportunities for public engagement.

In January, the Southern Environmental Law Center, on behalf of Clean Air Carolina and the North Carolina Coastal Federation, submitted to the Division of Air Quality the petition for rule-making and a proposed rule. The commission’s Air Quality Committee reviewed the petition during a special meeting June 15 and recommended that the petition be presented to the full commission for action.

According to the Environmental Protection Agency, human activities are responsible for almost all of the increase in greenhouse gases, which trap heat and cause the planet to warm, in the atmosphere in the last 150 years. The largest source in the U.S. is from burning fossil fuels for electricity, heat and transportation. Carbon dioxide makes up most of the greenhouse gas emissions from the electricity sector, which also emits small amounts of methane and nitrous oxide. These gases are released during the combustion of fossil fuels, such as coal, oil and natural gas to produce electricity.

The petition proposed that the state join the Regional Greenhouse Gas Initiative, or RGGI, which would require North Carolina to commit to setting up a carbon reduction program and adopt a law or regulation similar to the RGGI Model Rule designed for the state’s circumstances and preferences, according to documents. RGGI is an effort to cap and reduce power sector carbon dioxide emissions by Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Virginia.

Commission Chairman Stan Meiburg, who voted in favor, noted that while the cost for the state Department of Environmental Quality to implement the rule-making process will have to be addressed moving forward, “the objective remains, for me at least, to achieve reductions as fast as practically possible, and moving to approve this petition to go to rule-making I think moves that ball forward.”

After the vote, Meiburg said that he didn’t want to leave anyone with the impression that the rule-making for this would be simple. He expected the process to be involved and include the stakeholders involved up to this point.

Commissioner Marion Deerhake, who voted in favor of the motion, said during the meeting that improving children’s health had been a goal since her first day on the commission. “And to me, this goes a huge step forward as we develop this rule, because ultimately we are looking to the future generation, benefiting them and giving them a healthy and enjoyable life.”

Gudrun Thompson, an attorney with the Southern Environmental Law Center, said in a statement that the commission’s decision was “a common-sense step to reduce harmful carbon pollution from power plants in what a study by UNC and Duke University shows is a cost-effective approach.

“Given the threat of climate change to our state, North Carolina needs to do its part to cut heat-trapping carbon pollution from power plants. Today’s action by the EMC will help move our state towards a clean energy future by pushing polluting coal generation off the power grid,” Thompson said.

According to the petition, the threat to the state due to global climate change “is real, it is present, and it is getting worse.”

The petition says that the Earth’s temperature is rising due to human activity, leading to rising sea levels and other effects. “Extreme precipitation has become more common and will be even more common in the future. The intensity of hurricanes and the frequency of other severe storms will increase. Flooding will increase, but so too will droughts and wildfires. Each of these changes will hit our most vulnerable residents hardest.”

Todd Miller, executive director of the North Carolina Coastal Federation, noted that it’s very early in hurricane season, and two tropical storms already have affected the North Carolina coast.

“While we keep a watchful eye on the tropics, it’s encouraging that state leaders want to find ways to reduce carbon pollution so that our oceans won’t get so warm and spawn as many intense storms,” he said.

The Cooper administration set a goal of reducing carbon dioxide emissions from the power sector by 70% by 2030, reaching net zero emissions by 2050. The proposed rule filed with the commission would help achieve those targets in a cost-effective way by setting a declining limit on heat-trapping carbon dioxide emissions from power plants and setting North Carolina up to join RGGI, according to the law center.

RGGI-participating states saw emissions from power plants fall 47% from 2008 to 2018, 90% more than in the rest of the country. RGGI states over that decade also saw reduced air pollution and fewer premature deaths, heart attacks and respiratory illnesses; a 5.7% decline in electricity prices, compared to an increase in the rest of the country; and economic growth that outpaced the rest of the country by 31%, according to SELC.

“This rulemaking is an opportunity for our state to lead the Southeast in carbon reduction which will result in cleaner air and better health,” said June Blotnick, executive director of Clean Air Carolina, in a statement. “For the past few years, North Carolina has lost ground as a clean energy leader. RGGI is an opportunity to put the right market mechanisms in place to properly value clean energy generation without arbitrary mandates.”

North Carolina Emergency Management Chief of Staff William Ray was recently appointed director of the division, replacing Director Mike Sprayberry, who is retiring at the end of the month.

Department of Public Safety Secretary Erik A. Hooks announced the appointment last week. Ray takes over as director effective Aug. 1 and will lead the state’s preparedness and recovery efforts. Ray also will serve as the state’s deputy homeland security adviser.

“I am extremely grateful Will has accepted this important leadership role for North Carolina,” said Hooks in a statement. “Will has been exceptional in his role as Assistant Director and more recently as the Chief of Staff under Director Mike Sprayberry. He has earned the trust of local, state and federal partners to ensure Emergency Management remains a national leader in emergency management services.”

Sprayberry, who also served as director of the North Carolina Office of Recovery and Resiliency, was appointed in February 2013 and served as the division’s seventh director and has more than 42 years of service with the state.

“We’re pleased that Will has been selected and agreed to lead North Carolina Emergency Management,” said Sprayberry. “He’s proven that he’s the right person for the job and he’s earned the respect of the Emergency Management staff both at our agency and, just as importantly, with our county partners.”

As the chief of staff, Ray has been the principal deputy coordinating and supervising the work of Emergency Management and the North Carolina Office of Recovery and Resiliency. This includes management of complex programs, senior government interagency coordination, and development and implementation of strategic priorities, initiatives and plans.

“It is a privilege to serve alongside the entire Division of Emergency Management team, and I am honored to continue serving the people of North Carolina in this new role,” said Ray in a statement. “I am humbled by this opportunity and thankful for the confidence and support of Governor Cooper and Secretary Hooks. The Division will continue to focus on safeguarding all North Carolinians, leveraging the whole-of-government and whole-of-community approach for effective preparedness, response and recovery.”

Ray previously was assistant director or section chief for the Plans and Homeland Security section at Emergency Management.

“We are fortunate to have the strongest Emergency Management team in the country and Will Ray has been an instrumental leader in making sure North Carolina is ready for whatever crisis comes our way,” said Gov. Roy Cooper. “I thank Will for this critical service to our state and am confident he will continue to innovate and improve our preparedness and response operations in North Carolina.”

Ray previously served in emergency response roles at the North Carolina Department of Health and Human Services, and in local government and the private sector.

Ray holds a bachelor’s in international studies from the Virginia Military Institute and a master’s in public health from the University of North Carolina Chapel Hill. He and his family reside in Durham.

RALEIGH – Elizabeth S. Biser affirmed Thursday her oath of office as secretary of the state Department of Environmental Quality during a ceremony at the department’s Green Square building.

Judge Mark Davis administered the oath with Biser’s family, friends and senior DEQ staff in attendance. Her appointment is subject to confirmation by the North Carolina Senate.

“I am honored and humbled at the opportunity to lead the agency charged with providing environmental stewardship for the health and prosperity of all North Carolinians,” said Biser in a statement. “Returning to this department and taking the oath of office in this building has special significance.”

Gov. Roy Cooper announced Biser’s appointment last week, citing her strong leadership, experience with the environmental agency, and knowledge of DEQ’s critical work in the state, according to the release.

Biser previously served as the director of Legislative and Intergovernmental Affairs at DEQ’s predecessor agency, the North Carolina Department of Environment and Natural Resources. During her time there, she played a primary role in securing $134 million in funding for the design and construction of the Green Square Complex in downtown Raleigh, which includes the LEED-certified central offices for DEQ.

Biser most recently served as the president of Biser Strategies LLC and the senior policy adviser of the Recycling Partnership. Before that, she was vice president of policy and public affairs of the Recycling Partnership, and the government relations and policy adviser of Brooks, Pierce, McLendon, Humphrey & Leonard, LLP.

She holds a bachelor’s and a master’s of public administration from the University of North Carolina at Chapel Hill.

The state is asking for public comment on the draft 2021 White Oak River Basin Water Resources Plan, which explores water quality and water quantity issues in the basin.

The basin, which includes Jacksonville, Beaufort, Atlantic Beach, Emerald Isle, Sneads Ferry, Surf City, Wrightsville Beach and the U.S. Marine Corps Base Camp Lejeune, is the smallest contained entirely in the state at 1,382 square miles.

The basin plan is designed to help state and local leaders identify areas that need additional protection, restoration or preservation to ensure waters of the state are meeting their designated use. This is fourth document to be developed for the White Oak River basin.

The basin is made up of four small river systems — New River, White Oak River, Newport River and North River — all of which drain south directly into the Atlantic Ocean and Back, Core, and Bogue sounds, according the North Carolina Department of Environmental Quality Division of Water Resources. Nearly a third of the basin is wetlands.

Most of the impaired waters in the White Oak River basin are associated with shellfish growing area classifications, as detailed in the integrated report that is based on water quality assessments and is updated every two years per the Clean Water Act.

Other impairments in the basin are associated with chlorophyll a, dissolved oxygen, turbidity, fecal coliform, enterococcus and copper.

The public may comment on the plan now through July 23, by emailing robin.hoffman@ncdenr.gov, or sending written comments to Robin Hoffman, Basin Planner, Division of Water Resources, 1611 Mail Service Center, Raleigh, N.C. 27699-1611.

The North Carolina Environmental Management Commission has scheduled a special meeting next month to consider a petition that rules be adopted that limit carbon dioxide, or CO2, pollution from the electric power sector in the state.

The meeting is set for 9 a.m. July 13 on the petition that the Division of Air Quality received in January on behalf of Clean Air Carolina and the North Carolina Coastal Federation from the Southern Environmental Law Center.

The petition requests that the commission adopt rules to limit CO2 pollution from the electric power sector and proposes participating in the Regional Greenhouse Gas Initiative, or RGGI, as the primary route to reduce CO2 emissions. Details will be posted on the EMC website.

A special meeting was held June 15 when the Air Quality Committee, after reviewing the petition, voted to advance the petition to the full commission, as previously reported.

Before the special meeting, the commission will have its regular meeting July 7-8 in the ground floor hearing room of the Archdale Building, 512 N. Salisbury St. Raleigh. Committee meetings are July 7. The Groundwater & Waste Management Committee meets at 9:30 a.m., the Air Quality Committee at 10:45 a.m. The full Commission Meeting begins at 9 a.m. July 8.

When the Water Quality Committee meets at 1 p.m., members are expected to hear a request for approval to proceed with proposed permanent rules to “Discharges to Federally Non-Jurisdictional Wetlands and Federally Non-Jurisdictional Classified Surface Waters” and Permanent Rule Amendments for “Discharges to Isolated Wetlands and Isolated Waters: Purpose and Scope.”

The Environmental Protection Agency and the Department of the Army published in April 2020 the Navigable Waters Protection Rule in the Federal Register to finalize a revised definition of “waters of the United States” under the Clean Water Act that went into effect June 22, 2020. The new rule fails to protect a subset of wetlands, as there was no permitting mechanism available to authorize impacts, according to commission documents.

The commission in May 2021 approved temporary rules to authorize impacts to wetlands no longer federally protected, which expire unless a permanent rule is adopted. The Division of Water Resources staff is asking for approval from the water quality committee to go before the full commission in September to request approval to proceed to public notice and public hearing on draft permanent rules.

The public is invited to attend the meeting in person or online. Face coverings are not required if you are fully vaccinated. Meeting audio and presentations will be broadcast via the state web conferencing link posted on the EMC website.

The Environmental Management Commission is responsible for adopting rules for the protection, preservation and enhancement of the state’s air, land and water resources. The commission oversees and adopts rules for several divisions of the Department of Environmental Quality, including the divisions of Air Quality; Energy, Mineral and Land Resources; Waste Management and Water Resources.

RALEIGH – The state is advertising for candidates to lead the North Carolina Department of Transportation’s programs addressing climate change.

The position, senior advisor for climate change policy, will focus on reducing the state’s greenhouse gas emissions through implementation of Gov. Roy Cooper’s Executive Order 80 addressing climate change and the state’s transition to a clean-energy economy, leading coordination of NCDOT’s existing mitigation activities, and developing and implementing new initiatives, according to the job posting. The hiring range is $70,000-$103,000.

NCDOT says much of its work in these areas has been focused on “assessing vulnerabilities exposed by recent weather events and then considering the best strategies for responding and for adopting new highway designs that improve the state’s transportation network.”

Minimum qualifications for the position include knowledge of change mitigation and adaptation technologies; green building, alternative energy and sustainable transportation policies and programs; regulations, policies and standards governing climate change mitigation and adaptation; and community outreach and communication skills.

The closing date for applications is July 9. 

RALEIGH — Gov. Roy Cooper announced Thursday that he has appointed Elizabeth Biser as secretary of the Department of Environmental Quality.

“Elizabeth Biser is a strong leader who has experience with this environmental agency and knows its critical work in North Carolina,” said Cooper in a statement. “I look forward to working with both Secretary Biser and Director Delli-Gatti to protect our air, land and water and ensure North Carolina’s transition to a clean energy future.”

Most recently president of Biser Strategies LLC, a lobbying firm, and the senior policy advisor of the Recycling Partnership,

Previously, Biser, a Whiteville native, was the vice president of policy and public affairs of the Recycling Partnership, the government relations and policy adviser of Brooks, Pierce, McLendon, Humphrey & Leonard, LLP and the director of legislative and intergovernmental affairs at the North Carolina Department of Environment and Natural Resources, now known as DEQ.

“I am honored and humbled to lead the agency charged with providing environmental stewardship for the health and prosperity of all North Carolinians,” Biser said. “I look forward to working with key leaders, stakeholders and people throughout North Carolina to fulfil this important mission. I enjoyed working with DEQ’s predecessor agency several years ago and am delighted to return and have the opportunity to lead DEQ at this critical time.”

She holds a bachelor’s and a master’s of public administration from the University of North Carolina Chapel Hill.

Cooper had previously appointed Dionne Delli-Gatti as secretary, but Senate Republicans rejected her nomination earlier this month. Cooper then named Delli-Gatti as North Carolina’s clean energy director to focus on renewable energy legislation and other policy initiatives.

“In Elizabeth Biser, Governor Cooper has nominated a woman who has spent her career advancing smart environmental and natural resource policy in North Carolina. Through her policy expertise and strong network within the state’s business community, Elizabeth possesses the right mix of experience, knowledge and relationships to serve as an effective leader for the Department of Environmental Quality,” said David Kelly, director of North Carolina Political Affairs for Environmental Defense Fund, in a statement.

“I’m confident that Secretary Biser will lead with a solutions-driven approach, laser-focused on continuing to grow North Carolina’s economy while safeguarding the health of our state’s people and communities,” Kelly continued. “Running the Department of Environmental Quality requires a highly-qualified leader who can manage one of the most complex portfolios in state government. Secretary Biser more than fits the bill.”

MOREHEAD CITY – The N.C. Division of Marine Fisheries announced Wednesday it has adjusted the recreational and commercial flounder seasons for 2021 to ensure a sustainable fishery.

In 2019 the Division of Marine Fisheries recommended, and the Marine Fisheries Commission approved, substantial harvest reductions in the flounder fishery to rebuild the southern flounder stock. The season adjustments are necessary to meet that goal, the division said.

The recreational flounder season will open Sept. 1 and close Sept. 14 in internal and ocean waters of North Carolina. The minimum size limit will remain at 15 inches total length, and the creel limit will remain at four fish per person per day during the open recreational season.

Since all species of flounder are managed under the same recreational regulations, the recreational season applies to all recreational flounder fishing.

The commercial southern flounder harvest seasons will open on the following schedule:

• Northern Area (waters north of Pamlico Sound) – Sept. 15 through Oct. 1.
• Central Area (Pamlico Sound and its tributaries) – Oct. 1 through Oct. 19.
• Southern Area (waters from Core Sound to the South Carolina line) – Oct. 1 through Oct. 21.

All commercial gears that target southern flounder, such as large mesh gill nets and flounder pound nets, must be removed from the water when the season is closed (or made inoperable in the case of flounder pound nets). The catfish and shad fisheries, which use large mesh gill nets, will be allowed in areas where interactions with southern flounder are unlikely.

The flounder fishery is currently managed under Amendment 2 to the Southern Flounder Fishery Management Plan. Amendment 2 included southern flounder harvest reductions of 62% in 2019 and 72% beginning in 2020 for both the recreational and commercial fisheries. The total removals allowed in both years under these reductions were exceeded in both the commercial and recreational sectors, resulting in the seasonal adjustments.

Reductions in harvest are required because the 2019 South Atlantic Southern Flounder Stock Assessment found that southern flounder is overfished and overfishing is occurring throughout the region (North Carolina through the eastern coast of Florida). Overfished means the population is too small. Overfishing means the removal rate is too high. North Carolina is leading the rebuilding effort with the Marine Fisheries Commission adoption of Amendment 2.

The division is developing Southern Flounder Fishery Management Plan Amendment 3, which examines more robust management strategies, such as quotas, slot limits, size limit changes, gear changes, and species-specific management for the recreational fishery. Draft Amendment 3 is scheduled to be reviewed and potentially approved for public and advisory committee review in November.

For more information about the southern flounder fishery, see the Division of Marine Fisheries’ answers to Frequently Asked Questions or the Southern Flounder Amendment 3 Information Page.

The state Coastal Resources Commission has granted the town of Topsail Beach permission to install beach mats for wheelchair users at three handicapped-accessible beach access sites during the summer months.

The action came during the commission’s regular meeting Wednesday at Beaufort Hotel. The commission sets policy for the state’s coastal management program and adopts rules regarding coastal development.

“We’re pleased to roll out this blue carpet and to welcome those who are disabled to our beaches to enjoy it,” said Steve Coggins, an attorney who represented the town in the variance request.

The town applied in April for the Coastal Area Management Area minor permit to install the mats for use from May through September. The mats are 5 feet wide and are between 80 feet and 100 feet long. The division in May denied the permit because the mats do not comply with two oceanfront setback rules.

Topsail Beach then sought the variance to continue placing the beach mats for wheelchair access to the dry sand beach, as they’ve done each summer since 2019.

Floating structures

The commission also heard from the North Carolina Coastal Federation’s Ana Zivanovic-Nenadovic, assistant director of policy, on floating structures, which are structures like pilings, gear anchors and floating platforms associated with shellfish leases and may require a CAMA permit.

The commission in recent years has seen increased interest in the floating structures. The division requested new guidance on how limitations detailed in a general policy can be incorporated into a supportive management strategy for the expanding shellfish industry while limiting effects on public trust waters. Under state policy, floating structures are not allowed in coastal public trust waters except in permitted marinas, and all floating structures must conform with local regulations for on-shore sewage treatment.

Records of shellfish farming in North Carolina date back at least 150 years, Zivanovic-Nenadovic said in noting the cultural and historical significance of aquaculture.

She explained that the North Carolina General Assembly in the last few years had given weight to encouraging the development of private, commercial shellfish cultivation in ways that are compatible with other public trust uses.

About five years ago, the state mandated a stakeholder group look at ways to foster development, which the federation headed up. The North Carolina Shellfish Mariculture Strategic Plan set the goal to grow the industry to $100 million in market value by 2030. Now the industry is between $3 million and $5 million. The General Assembly passed legislation based on recommendations in the plan, she said.

In addition to leading the stakeholder process, the federation developed a feasibility study to learn the industry’s logistical needs, finding that the top impediment to existing growers and the top barrier to entry for new growers is access to prime growing water. This is mainly due to the high cost of waterfront property. Growers also lack work areas, and the federation seeks to establish a hub for shellfish farmers to work and helped develop a low-interest loan program.

Some of the main activities performed on floating structures include harvesting oysters, culling and packaging for market and tagging the bag — all of which must be done under shade.

While this can be done on land, it’s not practical, she said, because of a lack of public access to the water and access to storage and refrigeration in rural areas.

Based on conversations with growers, Zivanovic-Nenadovic said it was determined that a movable floating structure able to fit an oyster grader, power washer and a work area is the biggest need. Benefits include work area, protection from the elements and better product shading.

The commission asked the division staff to research and pursue options to help the growers while also protecting the public trust areas.

Gov. Roy Cooper has signed a bill authorizing the state Department of Transportation’s Ferry Division to lease a passenger ferry for operation between Ocracoke and Hatteras.

The $700,000 funding provision was included in Senate Bill 241, which also amends motor vehicle laws regulating modified utility vehicles on certain roads and highways. Cooper signed the bill Monday.

The lease term is through Aug. 15 unless the Ferry Division determines that the state-owned passenger ferry under construction since 2017 is ready for operation.

The builder, Waterline Systems, has the boat in the water for testing at its shipyard near Swansboro.

“It’s part of the process the builder goes through before it gets turned over to the Ferry Division, so I can’t put a date on when that will be completed,” said Ferry Division spokesman Tim Haas.

The vessel is to be named the Ocracoke Express.

The leased ferry is coming from New Jersey. Once here, the Ferry Division must perform verifications and inspections before it can begin service.

“The Ferry Division has been making preparations all spring for passenger ferry service, so once the contract is signed and the testing completed, it should not take long before service would begin,” Haas said Friday.

The division must opt out of the lease within 30 days of when it determines the state-owned ferry can be placed in operation, if the cost of opting out is less than the cost of completing the lease term, with any remaining funds deposited in the systemwide reserve account.

NCDOT had awarded the $4.15 million contract to build the 98-passenger catamaran-style ferry in June 2017 to Armstrong Marine Inc. of Port Angeles, Washington. Construction of the vessel, the state’s first passenger ferry, was supposed to be completed in early 2018 but was delayed because of disagreements between the builder, Armstrong’s US Workboats, and NCDOT regarding issues with welds. Waterline Systems took over construction at the same facility near Swansboro.

The Cooper administration announced Wednesday another step toward developing a clean energy economy.

Gov. Roy Cooper’s office said his newest directive, executive order No. 218, signed Wednesday reaffirms the state’s commitment to creating clean energy jobs, increasing economic opportunities and reducing greenhouse gas emissions through the expansion of offshore wind power.

“Offshore wind power will help North Carolina create jobs and generate economic development while helping us transition to a clean energy economy,” Cooper said in a statement. “North Carolina’s national leadership in clean energy and manufacturing plus our highly trained workforce create a strong business environment for offshore wind supply chain and manufacturing companies.”

The order calls for actions to secure jobs and economic development associated with the industry’s estimated investment of $140 billion in projects over the next 15 years. The order also sets offshore wind development goals of 2.8 gigawatts off the state’s coast by 2030 and 8.0 gigawatts by 2040. The administration said that the goals will enable the state to use wind to power roughly 2.3 million homes by 2040.

Officials said the development of offshore wind also will help achieve goals set in the October 2019 North Carolina Clean Energy Plan, a part of Executive Order 80: North Carolina’s Commitment to Address Climate Change and Transition to a Clean Energy Economy signed in October 2018. The clean energy plan sets a plan for a 70% reduction in power sector greenhouse gas emissions by 2030 and carbon neutrality by 2050.

“This coordinated approach to developing our offshore wind supply chain will bring new jobs to North Carolina for generations to come,” said North Carolina Commerce Secretary Machelle Baker Sanders in a statement. “From building out the supply chain, to installing equipment, to operating the wind facilities, North Carolina’s manufacturers and workforce are well positioned to play an integral role in the entire East Coast market, not just for projects directly off the state’s coast.”

The latest executive order directs the state Department of Commerce to name a clean energy economic development coordinator and establish the North Carolina Taskforce for Offshore Wind Economic Resource Strategies, or NC TOWERS.

The new order also directs the North Carolina Department of Environmental Quality and the North Carolina Department of Military and Veterans Affairs to designate offshore wind coordinators and take steps to support offshore wind. The order directs quarterly meetings of the North Carolina Offshore Wind Interagency Workgroup to ensure offshore wind activities are well coordinated among leadership in relevant agencies.

The North Carolina Department of Military Veterans Affairs committed to collaborating with Cooper, state agencies, local officials and the Department of Defense to find solutions that enable offshore wind development “while preserving our state’s military installation’s ability to conduct testing, training, and operations critical to our military readiness,” Department of Military Veterans Affairs Secretary, retired Lt. Gen. Walter E. Gaskin, said. “We support this effort and look forward to continued coordination to help North Carolina meet its renewable energy goals while maintaining our military readiness and ensuring our national security.”

Rep. Greg Murphy, R-N.C., told Coastal Review that to combat the rising costs of power in North Carolina, we need an all-of-the-above approach to energy independence, which includes wind power.

“However, with so many threats from foreign enemies, we must have a military that is fully trained and ready. I urge Governor Cooper work closely with the Department of Defense to ensure the construction of an offshore wind power system will not interfere with our military’s capabilities of readiness,” he said.

The order follows a bipartisan memorandum of understanding among the governors of North Carolina, Maryland and Virginia in October 2020 that created the Southeast and Mid-Atlantic Regional Transformative Partnership for Offshore Wind Energy Resources, or SMART-POWER. The SMART-POWER memorandum of understanding provides a framework for the three states to cooperatively promote, develop and expand offshore wind energy and the accompanying industry supply chain and workforce.

“The coordinated effort of state and federal partners on this issue is an important step forward in our transition to a clean energy economy in North Carolina and key to meeting the goals of the state’s Clean Energy Plan,” said North Carolina Clean Energy Director Dionne Delli-Gatti.

The governor’s announcement “signals that the state isn’t watching from the sidelines when it comes to offshore wind, ” said Michelle Allen, project manager for Environmental Defense Fund’s North Carolina Political Affairs team, in a statement.

“The joint effort, spanning the Department of Commerce, Department of Environmental Quality, and the Department of Military and Veterans Affairs, demonstrates the broad consensus around benefits that offshore wind, and its manufacturing base, will bring to North Carolina workers and communities,” she said. “The bold targets set by this order and the creation of the Offshore Wind Interagency Workgroup underscores the state’s commitment to leading on offshore wind and puts the state in a strong position to compete for as much of the burgeoning $140 billion industry as possible.”

National Ocean Industries Association president Erik Milito told Coastal Review that Cooper’s advocacy for wind development offshore North Carolina is great news for the state.

“North Carolina is capitalizing on a generational energy and economic opportunity. However, North Carolina needs help from Washington, D.C., to meet Governor Cooper’s goals. North Carolina’s leaders should continue to push Congress and President Biden to find a solution that will undo the offshore energy leasing moratorium that begins in July 2022,” he said. “Ensuring future lease sales offshore North Carolina and other southern states will be fundamental in meeting Governor Coopers’ offshore wind goals.”

The National Ocean Industries Association commissioned Wood Mackenzie to conduct a study on potential offshore wind lease sales that shows lease sales could support 37,200 jobs supported annually, $3 billion in annual wages, $233 million in annual state tax creation and $44.9 billion in total capital investment, according to the association.

The North Carolina Department of Commerce released in March an offshore wind supply chain and infrastructure report that looks at the state’s opportunities to address the offshore wind industry’s supply chain and manufacturing needs.

The report by BVG Associates, a consulting company with wind energy experience, and N.C. State’s Clean Energy Technology Center, forecasts East Coast offshore capacity to exceed 40 gigawatts by 2035. The state could benefit from a more than $100 billion market opportunity, officials said previously.

The state Coastal Resources Commission when it meets next week in Beaufort is expected to consider a variance request from Topsail Beach to allow wheelchair mats at three beach accesses in the Pender County town that have wheelchair ramps in place.

The meeting is set for 9 a.m. Wednesday, June 16, at the Beaufort Hotel, 2440 Lennoxville Road. The meeting will not include the option to attend via the internet. An agenda and related documents are available online.

Officials in Topsail Beach say they want to improve and enhance access from the bottom of the wheelchair ramps to the ocean. The town has been placing the mats on the beach since 2019 for wheelchair users to access the dry sand beach.

In May, the division denied the town’s CAMA minor permit application requesting to install the mats each May and leave them in place through September. The division in its denial said regulations required any development, including beach mats, to be landward of the oceanfront setback and the mats are not an allowed exception in the setback area.

Division staff support granting the variance, according to agenda documents, and noted that rulemaking related to beach mats is ongoing. The public comment period ends Monday and the rule changes could be ready for adoption during the commission’s meeting in September.

The town says it has consulted with state and federal wildlife authorities and agreed to provisions including that the mats would not extend beyond the oceanward toe of the newly developed berm and that “every effort” would be made to monitor any potential impact to turtles and turtle nesting “and take the necessary steps as advised by both agencies.”

Earlier this year, the commission granted Carolina Beach in New Hanover County a variance allowing the seasonal installation of mats on a stretch of beach designated an ocean hazard area of environmental concern because of excessive erosion.

Floating structures policies

The commission is also expected to discuss state and local policies pertaining to floating structures and how they apply to such structures used in shellfish cultivation.

State Division of Coastal Management officials seek the commission’s guidance on how to incorporate limitations on floating structures in a “supportive management strategy for the expanding shellfish industry while limiting public trust impacts.” The limitations also include those adopted by local governments through their Coastal Area Management Act land use plan policies to regulate floating homes.

“While these policies don’t specifically address floating structures on shellfish leases, it is clear that local governments are concerned about the potential for occupancy of these structures in public trust areas,” said Division of Coastal Management Policy and Planning Section Chief Mike Lopazanski in a memorandum included in the agenda packet for the meeting. “Gear and structure-intensive aquaculture in other states has not been without controversy, with most vocal groups being waterfront property owners concerned about viewshed and interference with other public trust uses including navigation and fishing.”

A representative of the North Carolina Coastal Federation is expected to speak regarding increased interest in floating processing facilities for shellfish leases and how floating structure policies may apply.

In 2020, the commission discussed floating upweller systems, or FLUPSYs, as related to the floating structure policies and approved amendments to incorporate to allow siting of FLUPSYs in permitted marinas or associated with private docking facilities, subject to limitations. The division has seen other floating structures, specifically shelters for equipment and processing operations associated with the lease, placed within open water leases.

“The Division views these structures from the perspective of balancing many interests and concerns, including public trust rights, potential resource impacts (e.g. from shading or grounding), use of permanent moorings, riparian property rights, aesthetics, and the rapid expansion and growth potential in the commercial cultivation of shellfish,” Lopazanski states in the memo.

Other business

Also on the agenda is the continuation of a discussion from the commission’s March meeting regarding inlets that were excluded from the Coastal Resources Commission science panel’s recommendations on updating Inlet Hazard Area boundaries. The excluded inlets include serving the Morehead City and Wilmington ports and shorelines that are publicly owned, with a low potential for future development.

The agenda also includes the following:

• Rulemaking recommendations regarding amendments pertaining to permit modifications.
• Rule implementation related to structural boat covers.
• Discussion of CAMA land use plans – future land use map.
• Consideration of fiscal analyses for proposed rule amendments pertaining to elevating structures, changes that codify existing policy.

RALEIGH – The state Senate Thursday rejected Gov. Roy Cooper’s nominee to lead the Department of Environmental Quality.

After an hourlong debate, the Senate voted 26-20 along party lines to reject the nomination of Dionne Delli-Gatti as DEQ secretary. She had served as acting DEQ secretary since her appointment in February to fill the vacancy created when Michael Regan was named top administrator of the Environmental Protection Agency.

Shortly after the vote, Cooper’s office put out a statement slamming the Republican-led General Assembly and announcing that Delli-Gatti will serve as North Carolina’s clean energy director. The new role is to include work on administrative efforts to promote clean energy in the state, including negotiating energy legislation, advancing regulatory efforts, and implementing the governor’s Executive Order 80, which calls for a 40% reduction in statewide greenhouse gas emissions by 2025.

“Dionne Delli-Gatti has the experience and qualifications to serve as Secretary of DEQ, and the legislature’s baseless political criticism of her credentials is but a smokescreen to thwart North Carolina’s transition to clean energy that she has the knowledge to help put in place. I am pleased that Dionne will continue to serve our state in the role of North Carolina Clean Energy Director as we transition to renewable energy,” Cooper said in the statement.

Sen. Paul Newton, R-Cabarrus, former president of Duke Energy North Carolina, had criticized Delli-Gatti for not having developed a sufficient strategy on natural gas.

Cooper’s statement Thursday also announced that Chief Deputy Secretary John Nicholson will serve as the DEQ’s interim secretary.

Nicholson, a retired Marine Corps colonel, joined the DEQ in 2017. Nicholson has a master’s in national security and strategic studies from the U.S. Naval War College, a master’s in military studies from the U.S. Marine Corps Command and Staff College and a bachelor’s in political science from San Diego State University.

RALEIGH — House budget committees are due to start up Wednesday after an abrupt shift in plans were announced late last week ahead of the legislature’s Memorial Day break.  

North Carolina House Speaker Tim Moore, R-Cleveland, told members last week that with the Senate running late on its budget plan, the House would move forward on its own version.

House and Senate negotiators so far have failed to settled on an overall spending target. Senate leaders began a rollout of tax breaks last week as part of their proposal, but have yet to release details of a spending plan.

Under the North Carolina General Assembly’s rules, the Senate was charged with producing its plan first. Gov. Roy Cooper issued his budget proposal in early April.

The impasse raises the prospect that the legislature could resort to the strategy it adopted in 2019 when it failed to reach an agreement with Cooper on a final plan.

Much of the government was funded either through a series of so-called minibudgets or continued at the previous year’s levels via an automatic stopgap provision in state law that kicks in if a new budget isn’t in place by the beginning of the new fiscal year on July 1.

Flood resilience, mitigation

In addition to budget committee hearings, the House is due to review major flood resilience and mitigation legislation in a hearing scheduled for 3 p.m. Tuesday by the House Environment Committee. Video and audio for the hearing is available on the website.

House Bill 500, the Disaster Relief and Mitigation Act of 2021, includes $219 million in additional state funds for disaster relief and flood resilience and mitigation. The proposal includes $98 million to develop a statewide flood resilience blueprint and flood mitigation on the Neuse and Lumber rivers; $30 million for the state’s Coastal Storm Damage Mitigation Fund for living shorelines, oyster reefs and marsh restoration; and funding for floodplain and wetland restoration, and coastal planning grants.

The bill also makes the North Carolina Office of Recovery and Resiliency, created in the wake of Hurricane Florence in 2018, a permanent part of state government under the Department of Public Safety.

North Carolina Secretary for the Environment Dionne Delli-Gatti has named Sushma Masemore to fill the Department of Environmental Quality’s assistant secretary post. 

A 13-year veteran of the department, Masemore has been serving as acting assistant secretary since Sheila Holman retired earlier this year. Masemore was named deputy assistant secretary for the department in 2018 and state energy director in 2019.

“Anyone who has worked with Sushma knows that she has a brilliant scientific mind and is a natural problem-solver,” said Delli-Gatti in her announcement Thursday. “She is well-respected by her colleagues and uniquely suited to guide DEQ’s regulatory teams through the complex issues impacting our state.”   

Her responsibilities with the department have included implementing Gov. Roy Cooper’s executive orders on climate change and transitioning to a clean energy economy. She was involved in developing the state’s Climate Risk Assessment and Resilience Plan released in 2020. She also oversaw programs related to low-income weatherization assistance, energy planning, energy efficiency and transportation alternatives. 

Masemore joined DEQ’s Division of Air Quality as a permit engineer and moved into managing teams of engineers and scientists to develop air quality rules and state implementation plans. 

While in the private sector, she worked in consulting with technology developers, the oil and gas industry, coal mines, electric power plants and the chemical industry on environmental issues. 

Masemore earned a bachelor’s in chemical engineering from the University of Maryland Baltimore County and is a licensed professional engineer in the state.

The Department of Environmental Quality has scheduled an online public hearing on proposed revisions to surface water quality standards and classifications.

The proposed changes and revisions include updates to standards for cadmium, cyanide, selenium, 1,4-dioxane and other technical corrections. The proposed changes and revisions are available online.

The hearing is set for 6 p.m., Tuesday, July 20. Attendees and participants may join starting at 5:45 p.m.

DEQ’s Division of Water Resources is holding the online public hearing via WebEx link. Event number is 185-803-7435, WebEx password is ncdwr. To join by phone, call 415-655-0003 and use access code 185-803-7435. Register to join and to speak during the hearing.

Written public comments will be accepted through Aug. 3.

Water quality standards are state regulations or rules put in place to protect lakes, rivers, streams and other surface waters of the state from the damaging effects of pollution, according to DEQ. Surface water classifications are surface water body designations — streams, rivers, lakes — that define the best uses to be protected within these waters, such as swimming, fishing and drinking water supply, and have a water quality standards in place protect those uses.

Federal and state laws require the Environmental Management Commission review North Carolina surface water quality standards every three years and include a review of existing water quality standards, The Environmental Protection Agency’s national recommended water quality criteria, other scientific information and proposed revisions to the standards based on new or updated ecological, health and toxicological information, according to the state.

The federal Clean Water Act requires that states adopt Surface Water Quality Standards to protect surface waters, which are protected based on their established uses.

Comments are also being accepted on water quality standard variances, the fiscal note prepared for the proposal, and other water quality standard topics not otherwsise addressed, such as adoption of statewide recreational E. coli standards and adoption of other published EPA national recommended water quality criteria. For additional information on these proposed changes, visit the Division of Water Resources’ Water Planning website.

All comments must be received by Aug 3 to be considered in the review of the proposed changes. Written comments may be submitted by email to 15ANCAC02B_SWTriRev_Comments_2021@ncdenr.gov or by mail to Christopher Ventaloro, NC DEQ-DWR Planning Section1611 Mail Service Center, Raleigh, N.C. 27699-1611.

After considering all of the comments received, a hearing officer’s recommendation is to be presented to the Environmental Management Commission, tentatively scheduled for the commission’s regularly scheduled meeting in November.  If approved by the commission, the proposed effective date for the amendments is Jan. 1, 2022.

RALEIGH — Legislation to tighten requirements on the use of firefighting foam with per-and poly-fluoroalkyl substances, or PFAS, including a statewide ban on its use in training, passed the North Carolina House last week in a 112-0 vote.

House Bill 355 represents the first legislated restrictions on the use of PFAS in the state. It follows similar attempts in prior sessions to limit the use of aqueous film-forming foams, or AFFF, containing PFAS.

Two years ago, the North Carolina General Assembly declined to take up the foam ban, but did approve the development of a statewide registry led by researchers at the University of North Carolina Policy Collaboratory.

The new bill strengthens the reporting requirements for local governments and other agencies that use the foam. The registry would track the inventory of AFFF, identify all foam not in use that needs to be disposed of and log all incidents in which it is used. It gives the state fire marshal authority to adopt rules for compliance and sets a deadline of July 1, 2022, for all fire departments to file their first annual report.

During a hearing last week, Rep. Ted Davis, R-New Hanover, said the bill was an important step in tracking the use of PFAS, reducing firefighters’ exposure to PFAS, and limiting its release into the environment. He said there are enough foams that don’t contain PFAS now on the market to provide a safer alternative.

“We’re trying to get a grip on this AFF foam, so that we can inventory it, manage it and make sure that if it’s going to be used, it’s going to be used in a responsible manner,” he said.

Davis said that with cancer now the leading cause of line-of-duty deaths of firefighters, reducing exposure to PFAS that are strongly linked to some cancers is critical. Davis said he’d been told that firefighters were exposed to more PFAS through training, practice and testing than in fighting actual fires.

Davis, whose district was rocked by findings released in 2017 of widespread contamination of the Cape Fear River from a PFAS known by the trade name GenX, chaired a House select committee that studied the presence of PFAS and other similar contaminants in the Cape Fear River basin.

Industry groups have lobbied against regulation of PFAS and in the past have opposed an outright ban on their use in firefighting, citing the necessity of their use in fighting petroleum fires.

The new bill bans the use of PFAS in foam for training and practice and restricts testing of it to facilities with adequate containment, treatment and disposal methods.

Rep. Pricey Harrison, D-Guilford, said the bill is an important step in regulating PFAS.

Harrison, who has been working to get PFAS regulations passed since 2005, said the new legislation has a good chance of passing, especially given the unanimous vote in the House. She’s been trying to get controls on AFFF for more than five years after contamination linked to airport firefighting operations was found in Greensboro’s city water supply.

She said banning AFFF from training exercises should eliminate most of its use in the state.

“There’s clear support for this,” she said. “It’s not as strong as what advocates would have liked. It’s not entirely what industry would like, but I think it’s a happy medium, and if I understand it correctly, the practice foam is responsible for 80% of its usage, so that’ll cut back considerably on the foam that’s getting into our water.”

Attorneys for the Southern Environmental Law Center, who were part of negotiations on the new legislation, also called it an important step in regulating PFAS in the state. The law center represents Cape Fear River Watch, the Haw River Assembly and other organizations pushing for tighter controls on PFAS and emerging contaminants.

“We are pleased to see the House taking action to protect firefighters and North Carolina’s waterways from these harmful substances,” Southern Environmental Law Center attorney Mary Maclean Asbill said Monday. “It’s a small first step that we hope to build upon in sessions to come.”

The bill now moves to the Senate but is not likely to be taken up immediately.

Both chambers are in a sprint this week to pass dozens of bills ahead of Thursday’s crossover deadline.

Legislation must pass at least one chamber of the legislature before then to be considered viable for the remainder of the session.

Rather than pass the stand-alone House bill, the Senate could opt to include the House PFAS language in its version of the state budget, which is likely to be released later this month.

Budget chairs Sens. Mike Lee, R-New Hanover, Deena Ballard, R-Watauga, and Chuck Edwards, R-Hendersonville, drafted legislation earlier this session that would provide an additional $15 million in funding for the collaboratory for further sampling and analysis of PFAS contamination and to develop and test technologies to address it.

Senate Bill 544, the Water Safety Act of 2021, would cover the cost of testing the efficacy of new technologies developed in three water systems in the Cape Fear River basin, including one that draws either from the Castle Hayne or PeeDee aquifer.  

Lee and Sens. Lisa Barnes, R-Nash, and Amy Galey, R-Alamance, also introduced a similar AFFF registry bill earlier in the session, but the current version of the bill, Senate Bill 327, does not include the ban on AFFF use in training. 

Environmental groups are pushing for changes in biogas provisions that are part of this year’s farm bill, saying the legislation takes away important oversight of the new technology.

The Farm Act of 2021, Senate Bill 605, would put the projects under a combined general permit, rather than require each project to go through the permitting process.

Advocates of the move say it’s necessary in order to speed up the process for the facilities, which can take more than a year to complete.

The biogas operations would pump methane captured from hog lagoons to a central collection point where it can be converted to renewable natural gas, or RNG, and then burned for fuel to generate electricity.

Last year, a partnership between Smithfield Foods, Duke Energy and biogas developer OptimaBio opened an RNG facility using wastewater from Smithfield’s Tar Heel plant.

Smithfield and Dominion Energy recently announced plans for a network of swine farms connected via pipelines to a major new RNG production facility in Duplin County.

Environmental groups have opposed the plan, saying that the infrastructure and digesters pose a risk to air and water quality and moving the facilities under a general permit would eliminate oversight and public input.

Senate Agriculture, Environment and Natural Resources chairman Brent Jackson, R-Sampson, said last week that he wants to see state environmental regulators move faster on the biogas projects.

In a series of questions during confirmation hearings for Department of Environmental Quality Secretary Dionne Delli-Gatti, Jackson cited the 18 months it took for the Tar Heel facility and said it was unfair to force companies to wait so long for projects to be approved.

Delli-Gatti said that one complication in that case involved a new kind of facility and new type of application and permit process. DEQ has been in conversations about the process with industry representatives since, she said.

“One of the things I am pleased to hear, we’ve met with the industry since then, and they have indicated they felt that the permits, and the requirements of the permits are fair,” she said.

The Farm Act of 2021 is scheduled to be heard in Jackson’s committee on Tuesday. The meeting agenda, materials and livestream will be available online.

Delli-Gatti confirmation hearings

Senators spent about two hours questioning Delli-Gatti, whom Gov. Roy Cooper nominated for the DEQ secretary position in February after President Joe Biden picked her predecessor, Michael Regan, to be the top administrator at the Environmental Protection Agency.

Like Regan, she’s been on the job for months ahead of the formal Senate confirmation process. She and Regan are the only DEQ secretaries to go through the confirmation process. The legislature initiated the confirmation requirement for a governor’s cabinet-level appointees under legislation passed in December 2016, ahead of the partisan shift in the governorship from Republican Pat McCrory to Cooper, a Democrat.

Senators used part of Delli-Gatti’s hearing to take aim at Cooper’s climate change proposals, along with questions on decommissioning solar facilities, and the future of natural gas and electric automobiles.

Sen. Paul Newton, R-Cabarrus, focused on carbon-reduction goals in Cooper’s Clean Energy Plan and the state’s renewable energy portfolio standards. He said they seemed pointless and costly given that India and China are continuing to build coal plants that will far offset the state’s reductions.

“What is the value to North Carolinians for charging them billions of dollars to reduce carbon emissions?” Newton asked. He pressed Delli-Gatti on whether any of the state’s carbon-reduction plans would reduce sea level rise or storms in North Carolina.

Delli-Gatti stressed that the governor’s plans are focused on building resiliency to the effects of sea level rise and more powerful storms. She defended the carbon-reduction goals, saying the hope is that through greater cooperation on reductions, some of the trends experienced here can be reversed.

Jackson said he expects to schedule a follow-up to last week’s confirmation hearing, but it had yet to be scheduled as of Monday. Under the 2016 statute, the Senate must confirm Delli-Gatti’s appointment during this session for her to remain in the job.

Bill adds teeth to native plant requirements

Last Tuesday, Sen. Bill Rabon, R-Brunswick, announced to members of the Senate Agriculture, Environment and Natural Resources committee that he was no tree hugger.

Fans of the Bradford pear and crepe myrtle would heartedly agree.

Rabon took a rhetorical ax to both nonnative trees while advocating for his Native Plant Right to Work Act — Senate Bill 628 — saying there was nothing good to say about the Bradford pear and he never saw a crepe myrtle that didn’t need a chainsaw.

He said it was time for the state to put some teeth into a law that now only “strongly encouraged” the use of native plants by state agencies and in projects that use state funds.

The new legislation would make that a must for local government projects using Powell Bill funds or grants from the State Parks and Recreation Trust Fund and the Land and Water Fund, the new name for the combined Natural Heritage Trust Fund and the Clean Water Management Trust Fund. It also prohibits the use of nonnative plants by state agencies and on state property.

The bill passed the committee, but not without criticism from some nursery operations that sell nonnative plants. It now heads to the Senate Rules and Operation Committee.

Rabon, chair of that committee, said he is willing to carve out some exceptions for disease-resistant hybrids or ground-cover species in heavy use by the Department of Transportation, but he said it’s time to get serious about protecting native species and the birds and pollinators that rely on them and stop letting agencies and local governments off the hook when it comes to using native plants.

“Along our highways and our state property we can help the birds and pollinators make a living every day,” Rabon said.

Crossover approaches

The General Assembly session kicks into high gear this week with fast-approaching deadlines for bills to be considered during the 2021 session.

Tuesday is the House filing deadline for all nonbudget-related bills and next Tuesday is the budget bill deadline. Senate deadlines were in early April.

The session’s crossover for both House and Senate deadline is May 13. After that, only bills that have passed at least one chamber are considered viable for the remainder of the session, although on occasion provisions from bills that fail to make the crossover deadline resurface in other legislation.

The lead-up to the filing deadlines is a busy time at the House Clerk’s Office, where 78 bills were filed last week.