Loading...
HomeMy WebLinkAboutAgenda - 08-31-1999 - 1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 31, 1999 Action Agenda Item # .~.. SUBJECT: Report on Topics for the Proposed September 2nd Meeting on Local Jurisdictions' Coordination to Access Jordan Lake Water Supply DEPARTMENT: County Manager ATTACHMENT(S): 4/13/99 letter from Alice Gordon to Daniel VanderMeer County Manager's letter to OWASA CountyManager's letter to Chatham County Chatham County Engineering Consultant's Response to BOCC questions/issues OWASA Response to BOCC questions/ issues County Engineer's memo to BOCC PUBLIC HEARING: Yes No BUDGET AMENDMENT: Yes No INFORMATION CONTACT: County Engineer Extension 2303 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider responses from OWASA and Chatham County with regard to topics of discussion for the proposed September 2nd Board Meeting on local jurisdictions' coordination of access the Jordan Lake water supply. BACKGROUND: The subject of Chatham County's access to its Jordan Lake water allocation and the role that Orange County, the Towns of Chapel Hill and Carrboro, and OWASA might play in facilitating that access have been a subject of discussion for nearly a year. An interlocal meeting has been set for September 2, 1999, to discuss this issue. On July 14, 1999, the Manager sent letters of inquiry (see attached) to Ed Kerwin, Executive Director of OWASA, and Charlie Horne, County Manager of Chatham County, to ascertain their jurisdictions' interests and concerns relative to the Jordan Lake access issues and to the proposed September 2nd meeting. The responses from OWASA and Chatham County are attached. It is proposed that those responses be discussed by the BOCC at the August 31st Board work session. 2 FISCAL IMPACT: There is no immediate fiscal impact foreseen for this process. It is anticipated that the long term fiscal impact, if any, will be based on decisions the County takes related to the use and cost of any intake infrastructure needed to access the County's Jordan Lake water allocation. At this time it is not possible to project those potential costs. RECOMMENDATION: The Manager recommends that the Board receive the report as information and advise staff as to any additional information the Board desires. Alice M. Gordon, Chair Stephen li. Hallriotis, Vice Chair Margaret W. Brown Moses Carey, Jr. Barry Jacobs Orange County Commissioners P. O. Box 8181 200 S Cameron Street Hillsborough, NC 27278 April 13, 1999 Mr. Daniel C. VanderMeer, Chair Boazd of Directors Orange Water and Sewer Authority PO Box 366 Cazrboro, NC 27510-0366 ~, Dear ~Ar Ven~orAdoor• ~~ 3 /~gntY of r-T-~---~ °o \rr e The Orange County Boazd of Commissioners offers the following comments regazding the local water supply and water quality protection issues discussed at the October 1, 1998 meeting involving Orange and Chatham Counties, the Towns of Carrboro, Chapel Hill and Hillsborough, and OWASA. Clearly our region's explosive growth makes it imperative that all local jurisdictions work together to protect the quality of all of our natural resources and promote the most environmentally sound usage of those resources. Orange County is located in the upper portions of a number of important and environmentally sensitive water supply river systems. Consequently we are acutely conscious of the need to be judicious in our efforts to be good stewazds of our available water resources, and of the need to work with the local governmental jurisdictions within and adjacent to Orange County to develop the strategies and accomplish the goals consistent with that stewardship. In accordance with this philosophy, the Orange County Boazd of Commissioners commends OWASA on its efforts to bring stakeholders in local water supply issues together to discuss issues of mutual concern. Relative to the issues raised at the October ls` meeting, the Boazd of County Commissioners is of course interested in facilitating a solution for Chatham County's water needs. Since there have been additional discussions on this issue since October ls`, it would be very helpful for Orange County to receive clarification concerning the options open to Chatham County at the present time, including Chatham County's preferred solution. If an intake on the western side of Jordan Lake is the preferred option, then Orange County encourages Chatham County to work with OWASA to develop a plan to provide access to Jordan Lake water supplies for Chatham County. Any such plan should You Count In Orange County AREA CODE (919) 732-8181: 968-4501: 688-7331: 227-2031: FAX (9I9) 644-3004 Ex~ 2130 4 Mr. Daniel C. VanderMeer April 13, 1999 page 2 of course ensure that OWASA's and Orange County's potential access to their Jordan Lake allocations be preserved. Subsequent to development of the plan, and before any efforts to implement the plan, Orange County wishes to review the plan with Chatham County, OWASA, OWASA's other constituent governments, and state and federal agencies controlling access to and allocation of Jordan Lake water supplies. The Orange County Board of Commissioners is ready to join all existing and potential users of Jordan Lake water supplies in studying, developing and implementing effective watershed and water quality protection strategies. The Orange County Board of Commissioners is similarly ready to work with Chatham County to discuss, develop and implement enhanced watershed and water quality protection strategies for University Lake water supplies. If I may provide any additional input or staff assistance, please contact me at your earliest convenience. I would appreciate your advising the Board of County Commissioners when OWASA has ascertained the range of options for meeting Chatham County's water needs, including their preferred option. Sincerely, Alice M. Gordon, Chair Orange County Board of Commissioners cc: Chatham County Board of Commissioners 34/14/99 mush 3 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA July 15, 1999 Mr. Ed Kerwin, Executive Director Orange Water and Sewer Authority PO Box 366 Carrboro, NC 27510-0366 Dear Mr: 'n: ~'~ 5 G!~d >76.s Asper our recent telephone conversation, I am writing to reiterate Orange County's willingness to cooperate with Chatham County and other local jurisdictions to facilitate access to Jordan Lake water supplies and, address related water resource issues.- We recognize that Chatham County's long term al is to develop a permanent capacity to withdraw water from Jordan Lake on thew ~ side of the lake, probably at or near the properly that has been .acquired by Orange er and Sewer Auth OWASA) for an intake site.. We also ogni that there an oppo ' ocal cooperation in such an endeav W and ~ of .ructions have or may have an inter ~ ~ lbw" ,~ this same location. ~ '"' F AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Mr. Ed Kerwin July 15,1999 page 2 It will be very important to the Orange County BOCC to be well versed in the details of issues to be discussed at the proposed September 2°d meeting. Accordingly, we aze requesting that OWASA's background material relative to the topics outlined above, as well as related topics important to OWASA be made available for. BOCC review and discussion at its regular meeting on the evening of August 17`~ . It would be very helpful for any written material to be provided for dissemination to the.Boazd by August 12'~ and for OWASA staff to b~e available to provide clarification to the Board at the 17`~ meeting. Please review these issues and requests with your Board and your staff and advise me if you see difficulties in this matter. Thank you for your consideration of our request. Sincerely- John .Link, Jr., County Manager Or ge County cc Alice Gordon Steve Halldotis Mazgazet Brown Moses Carey Barry 3acobs Chazlie Horne 6 ,, ./~.~',~ O~NGE COUNTY HILLSBOROUGH NORTH CAROLINA July 15, 1999 Mr. Chazlie Horne, County Manager Chatham County PO Box 87 Pittsboio, NC 27312 ~rca/~Sl,,ed f76.8 allocation. For , ~` p ~. ~~ " '~ ~ ~' a "'" t letter from Alice Gordon, f -~ =t . hair of OWASA. Spe- ° ~`~~` ~ ' ~~ aving Chatham County's st' -~~~ "' ~ ~`"" County's current arrangement for obtaining Jordan Lake water through the Cary/Apex intake facilities; b) the problems and shortcomings of that arrangement and an assessment of the state's ability.to effect a satisfactory solution to those problems; c) the short and long term effects and implications of the recently publicized grant funded construction of an interconnection between Chatham County and City of Durham water systems; d) the options available to Chatham County to access its Jordan Lake allocation; and e) the access option preferred by the Chatham BOCC. Orange County will also be asking that OWASA staff develop and present information about how OWASA's Jordan Lake property could be utilized to provide Jordan Lake access to Chatham County and other jurisdictions while ensuring that its own access and that of Orange County aze preserved. It will be very important to the Orange County BOCC to be well versed in the details of issues to be discussed at the proposed September 2~ meeting. Accordingly, we are requesting that background material relative to the topics outlined above as well as topics AREA CODE (919) 732-8181 • '968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Mr. Charlie Horne July 15, .1999 page 2 ~ ~. important to the Chatham. County BOCC and a draft agenda for the September 2'~ ' meeting be made available for my Boazd's review at its regular meeting on the evening of August 17~' . It would be very helpful for any written material to be provided for dissemination to the Board by August 12"` and for Chatham County technical staffto be available to provide clarification to the Board at the 17~` meeting. Please review.these issues and requests with your Board and your staff and advise me if you see difficulties in this matter. Thank you for your consideration of our request. Sincerely J M. Link, Jr., County Manager ge County cc Alice Gordon Steve Halkiotis Margaret Brown Moses Carey Barry Jacobs Ed Kerwin n~~yy 15:05 CHATHAM CIIUNTY MANAGERS OFFICE -~ 9196443064 Coasnlting Engneers MEMORANDUM TO: Chatham County FROM: Hobbs, Upchurch & Associates, P.A. N0.686 P002~004 290 S W. Broad Street Southern Pines, N. C. 283$7 (910) 692-5616 DATE: July 21,1999 RE: Letter from Orange Couttry requesting an update on water supply from Jordan Lake The following discpssion addreaQea issues raised in a July 15,19491etter front, the Orange County Manager to Mr. Charlie Home. a. Cheuha~ County's cttrnettt arrangement for obtaining Jordan Lake Waur throtegh the CaryJAprx intake jacilitiss. Currently, Chatham County has a water purchase contract with the Town of CarylApex that allows the County to purchase up to I.0 MGD of raw want averaged over a month period The contract terms indicate that Chatham County's purchase cannot exceed 1.0 MGD on a monthly average. TypicaAy, Chatham County experiences seasonal demand increases in the North Chatham System and additional eapaetty is required to meet the increased demand. The Iowa of Cary has provided some latitude for increacirig the County's allowable raw water purchase as outlined in the water purchase contract, This amount may increase in 100,000 gallon iacremerrts and must be requested in writing. Chatham County has requested increases several times over the last few years, however, Cary has declined to grant the County a perrnaneat increase. Cary has permitted the County to temporarily increase its withdrawal by several hundred thousand gallons a day with the stipulation that it can be reduced at any Gitne. b. The probltms and shortcomings of that arrangrrereea ones oa ersaessmerit ojthe Sterte's ability to e,~`ee:t a satisfactory solution to those probtitas. State and federal governtnent organizations charged with Jordan Lake regulation and oversight have worloed under the assumption that intakes on Jordan Lake will operate as regional facilities without any centralized support or incentives. Tlu Corps of Engineer's Jordan Lake master plan was designed assuming that there would be two regional intakes: The Jotdar- Lake allocation process was designed and has been implemented assuming that allocation holders would be able to access their allocation through regional facilities. Unforhmaoely, the existing regulatory framework does not include any assistance to local governments wishing to participate in a regional facility. The lack of any centralized oversight has resulted in a "first cots, fast served" system that favors large financially secure utilities at the expense of smaller less capital rich utilities. Cary/Apex's intake facility was initially promoted as a regional intake in which Chatham County would be a welcome participant, however, in the past few years, Cary. has expressed an increasing reluctance to partnering with Chatham County, especially on a long term permanent basis. The regulatory bodies and oversight bodies that promoted the intake as a 08i06i99 15:05 CHATHAMI COUNTY MANAGERS OFFICE -~ 9196443004 NO.686 P003i004 10 regional facility have stated that they do not have any regulatory influence regarding how Cary clmoscs to shah its private facility with others. During the design period of the Chatham County water Treatment Flant, Chatham county staff evaluated several different raw water aherriatives to serve the plant including a partnership with Cary as well as an independent intake. Oversight and regulatory groups such as the state and the Army Corps of Engineers recommended very forcefully against the construction of a separate intake and urged the County to partner with Cary/Apex. At the time, the Cary/Apex intake had a small amount of excess capacity that was dcbami:red to be Sufficient to meet Chatham County's Slwr[-berm needs. Chatham County need Cuy 6igned a 10 year contract with the understanding that future intake expansion efforts would ita±lude Chatham County. The contract clearly staffed that CarylApex planned on sharing the use of its facility with others in the future. Since the time the original contract was signed, Cary has had high growth rates that have resulted in water dernattds exceeding their Jordan Lake allocation and their production capability. Cary has requested an increased allocation from the state and hss prepared rngineering plans for system upgrades to increase their water supply. The upgrades include an expansion of the intake. According to Cary staff, the expansion plan did not take into consideration Chatham County's needs. For.example, the engineer wanking ~ the project never modeled Chatham County's usage in preparing the pump design. As a result, according to Cary, the intake does not have sufficient capacity to serve as a permanent water source for Chatham Coumy's treatment plant. Cory's position towards a Chatham County partnership is not clear. In some cozrespondencxs, Cary has urged Chatham County to construct their own intake since Cory's growth projections show that there may not be any long-term surplus capacity in their facility. In other responses, Cary has suggested that Chatham County carry out their own engineering study and propose modifications to the planned intake design for Cary to consider. Neither of the positions are conducive to regional cooperation and they have resulted in inefficient planning and needlessly duplicated enginarittg studies. Chatham County is currently studying posstbk design modifications for Cary to consider. Under the existing framework, Cary/Apex maintains complete control of their intake facility and they are under no obligation to make their facility available to others. In addition, some of Cory's political leadership has stated a desire to control growth in Cary by limiting the expansion of the water system including the intake. This type of restriction, while possibly acceptable for a private facility, makes the operation of a regior~I facility almost impassibk. Chatham County has had numerous meetings with officials from the Division of Water Resources and the Army Corps of Engineers to discuss the intake. Officials at these mentings, particularly officials from DWR have bear reluctant to become involved in the situation. The general opinion has been that the intake is a private facility owned and operated by CarylApex, and the organizations are unable to control how the facility is shared or not shared with others utilities c. T1se slaK and long terar eJjec~s and uuplfeations ojthe recently pubticlud Pr,aRt jundad construcrion of aw arntercoanectlon batweea Chatleaxr Coxnry and Cety ojDerrkasu war systanes. in the short-term, rho Durham interconnect will be used to supplement Chatham County's raw water purchase from Cary/Apex, thereby allowing the County to stay within the 1.0 MGD limit established in the water purchase contract. Long term, the interconnect could be used to supply water from Chatham County to the City of Durham. This option is 08i06i99 15:05 CHATHAI"f COUNTY MA-JA6ER5 OFFICE -~ 9196443004 N0.686 P004i004 11 Contingent upon Chatham County developing a reliable raw water source to supply its water treatment plant located scar Jordan Lake. d. The options available to Chatham county to access its Jordan Lake Alloradore. As mentioned above, the Town of Cary has offered Chatham County the oppoitttnity to complete a hydraulic study to evaluate the effects of allowing the County access to its 6 MGD allocation through the existing raw water intake. Based on the results of the study, the County maybe allowed the opportunity to develop a permanent allocation in the Cary intake. There is also an opportunity to for the Chatham Couty Water System to develop an intake on the East Bank of Jordan Lake, however there are several issues that must be addressed. First, Cory's intake is located on the east bank. Two east bank intaloe structures is not consistent with the US Corps of Engineers Master Plan for Jordan Lake. The Corps has indicated that it will allow one intake an each side of the lake. Second, there would be significant environmental issues to overcome and address with regard to a new raw water intake. And third, the cost of a new intake would be substantislly greater than costa associated with the upgrade of an existing intake. e. The access option preferred by the Chatham County Board of Cosisiisstoners. Orange Cowtty will also be asking that OWASA staff develop and presatit infaraeatfon about how OWAS.!'s Jordan Lake property could be utilized w provide Jordan Lake access w Chatham County sad aher jrrrisdict~torrs wl~lle assaru,P dut hs own access and that of Orange County are presen+ed Chatham County is extremely interested is developing a regional intake facility on the West Bank of Jordan Lake. 'Ilse County would like to proceed with this option in conjunction with other local governmental entities, including OWASA/Otange County, the City of Durham, and other interested parties. Chatham County prefers that the North Carolina Department of Enviroiutteni and Natuaai Reso+uccs assume a active role in the west bank intake project. This will allow NCDENR to fairly evaluate and establish allocation amounts. A regional intake facility could also develop into a regional water treatment facility that could be used to furnish finished want to the participating entities. AUG-13-99 FRI 10:3? AM ED KERWIN 9684421 P. 01 12 ~. ~WA~A URA1vG~ WATER & SEWER ALITH~RITX Qusl~ty service since 1977 August 13, 1999 Mr. John Link, Manager County of Orange P.O. Box 8181 Hillsborough, NC 27278 Dear John: Thank you for your July 15, 19991etter requesting information regarding Jordan bake. In your letter you asked, "...how OWASA's Jordan Lake property could be utilized to provide Jordan Lake access to Chatham, County and other jurisdictions while ensuruig that its own access and that of Orange County are preserved?" While I understand the importance of this question, I arrt not able to provide a specitxc reply at this time because we have not evaluated this issue in detail. Additiona!-y, OWASA has aot, to date, received a specific request from Chatham County or any other entity for the use of our property at Jordan Lake. Should we receive such a request in the future, please be assured that we will evaluate it in terms of our own access, and that of Orange County's. With respect to the development of the agenda for the proposed September 2, 1999 itrieeting, Chatham County is taking the lead them. Sil~ce the October 1, 1998 Joint Meeting, OWASA sia~have attended several meetings with officials from the state, Chatham County, the City of Durham, and others regarding possible regional approaches for Jordan Lake water. At these meetings,l have expressed a willingness to explore the possible benefits of participating in a regional approach. I clearly qualil'xed, however, that OWASA's interest was purely for gathering infornation as part of our overall Master Planning effort, which includes an evaluation of regional partnerships. Our Master Plan project is progressing nicely and is expected to be complete in the spring of 2000_ The OWASA Board reviewed this information at their August 12, 1999 meeting and suggested that the County Commissioners speak with OWASA Board member Bernadette Pelissier should they have any questions regarding this. matter. Ms. Pelissier can be reached as follows: Home phone number - 942-58b2; Work phone number - 575-4541, ext. 4480; Email address - bpelissier@juno.cona. I would be pleased to attend the August 17, 1999 meeting of the Orange County Board of County Commissioners to discuss this matter further. Very truly yours, F.d Kerwin Executive Director c: OWASA Hoard of Directors Cal Horton, Chapel Hill Town Manager Bab Morgan, Catrboro Town Manager Clkarlie Horne, Chatham County Manager 400 jonea ferry Road Equst Oppo~twiity,Eiriplo}rr Voice (919) 968-442 t PO Boa 366 rrlne~d ws Recycled Paper FAX (9l9) 968-4464 Carr6om, NC 27510-0366 13 MEMORANDUM TO: County Commissioners John Link, County Manager FROM: Paul Thames, PE, County Engine DATE: August 16, 1999 SUBJECT: Access to Jordan Lake water supplies As per the request of Commissioner Gordon, I have evaluated the responses of Hobbs, Upchurch & Associates, engineering consultants to Chatham County, to BOCC questions relative to Chatham's interests in accessing Jordan Lake water supplies. In general, Hobbs Upchurch reports that: a) Chatham County is currently limited - by both contractual and physical constraints - to approximately 1.0 million gallons per day (mgd) in raw water withdrawals from Jordan Lake through the Cary/Apex intake/ pumping facility; b) state and federal agencies (the NC Division of Water Resources and Corps of Engineers) lack the authority or the will to impose a strategy of regionalization on the use or expansion of the existing Cary/Apex intake/pumping facility or on the development of a western intake/pumping facility; c) the grant-funded interconnection of the City of Durham and Chatham County finished or treated water distribution networks has little or no long term implications on Chatham County's desire or need to access its Jordan Lake allocation as the interconnection provides access to high cost treated water which is more acceptable as a solution to limited duration water shortage problems; d) while some opportunity may exist for Chatham County to develop a small east side intake facility or to acquire additional capacity at the Cary/Apex intake/pumping facility, these opportunities are far from certain and cannot currently be considered as plausible long- or short-term strategies to address Chatham's water supply requirements; and e) Chatham County's preferred strategy to access its allocation is through a NC Division of Environment and Natural Resources (DENR) controlled regional facility located on the west side of Jordan Lake. Over the last year, I have had discussions with Pat Davis of TJCOG, NC Division of Water Resources staff and others about this issue. In general, the information I have garnered from these discussions confirms that contained in items (a) through (d) above. Specifically, I have learned that there is no current regulatory authority that provides any state or federal government agency with the~power to force Cary and Apex to allow any other local government to access Jordan Lake through the existing intake/pumping facilities. While I surmise that it would be possible for the state or the Corps of Engineers to apply eminent domain to the existing intake/pumping facilities and then apply some sort of regionalization strategy to its operation, I believe this to be a very unlikely scenario. Furthermore, I cannot see how it would in Cary or Apex's interest to voluntarily allow regional access to its intake/pumping facilities except perhaps as a trade or compensation for larger allocations from Jordan Lake. 14 Insofaz as item (e) above is concerned, the development of a regional intake on the west bank of Jordan Lake under the auspices of the DENR is one possibility for providing access to Jordan Lake water supplies. It is true that the coordination of the financial and operational aspects of such a process would be formidable,. particularly in light of the fact that all of the Jordan Lake water supplies have not been allocated and all eventual allocation holders have not been identified. However, the alternative could easily develop into a situation similaz to that at the eastern intake where one owner or exclusive owner partnership can apply a stranglehold to lake access. If I may provide additional information or comment, please advise.