HomeMy WebLinkAboutAgenda - 03-26-2009 - 4a14a-1 AGENDA #4a1
TOWN OF CARRBORO
~ia~ Cantina ~nv~re~nentai. anaement Commission
cla Bch Camton or Jasan ~obion
~E~t]i~is~on of watex duality, Piannta~~ 5eetioa
~ ~~'~ a~~ ervi~e Center, .Raie~gilf C ~76~~-~ ~t 7
near ,embers of the ~,
Thank tau ~e~r much far this appaa~.t~ to review and consent on. the pxopased nut~ent
management sate for the ~. ~. ~~rdan ~ese~oir. The Tows ap~recxates the word of the
cat~uittee ~ seeding the pratect~on and anaen~ent of'arth Cara~ta's iri~aib~e uatura~
~csources, ommen on bofh ~.~ larch ~~~~` draft ~ aid the Fecal Ar~a~,~,sis grepar~d b
the stofthe forth Caro~,a. T~~visioaa ofwater ~ ire fisted below. representatives of
the T~w~ will also be on~~iand to pr~~ride caa~unen during the Juts ~~ public hearing .t the
Ca~rban Cc~.tu~r Centex.
x . enerai ~- section .a~~ ~G}~a of the moles s.tes that, "r€~~es .~~~5} .O~G~, .a~~7,
.4~dS s aid , a~~9 shah ap~Iy~ t~ a1i incoarporated mu~icipalzties w~~ tho ~`ordan
watershed as ide~ttied by the ice o~`the ecre aftate." owever~ ~ r~~e
goes an to state that, `{thane xnu~txcipaiit~e sha~~ ~ctude," and provides . fist of
municipaixties,'~he ~ruZe shauid be madded so that it daes not ~clude a first of any
runicipa~ities~ instead the phrase, "shah apply to ati ~mur~icipaiities within tt~e ~ar~ar~
watershed a xdenti~ed by tha ice of the secretary of State," shauid cvniro~.
ewiy incorporated municipatities within the ~arda~ tae watershed, aid
un~cipalit~es previously outside of the Gordan. tae watershed but that ann.e~
proPe with. the Jordan. ~a~e watershed, rnus~ became subject to the rule.
~. General - arrbaro's lang~staudi~g ea~t7rnen~t to watershed protection through Rand
use planning and de~elopz~ent anagenent s~rateg~es in the ye~xs p~iar to ~~0 ~
n~a~es it di."~cuit to dv .ore without raising the east of diving sig~i~~caut~y ax Baer
l.it~g new graw~h, This effect stands to ur~de~nniue the regional cartiu~ient, as
defined i~ the faint slang .~reement between ~rar~ge Count~- and the Tvw~.s of
Chapel ill and Car~rboro, ofthe rna~i~atian of urban ser~lces within a deemed
baundar~r. Two cut~ent examples af~e Town's camrni~ueut to watershed protection.
include the Galin ree watershed estoratian. Teams., and the xee~ause has
~ssious ~n~renta and eduetiou piar~nin ffvz~.
~~~ ~~s~ Main tree#, ~arr~~ro, NC 2T51~
AN CiQ~A~, ~~~a1~~UN~TY' irMPi~~Y~R
4a-2
~6
~oe~,#s an ar~~ ~0~7 ~]~a~ uses ~ ~'ordar~ ~~~ervo~ ~'~ge ~ of S
9It ?12~~7
~. general ~ arrbaro's population a~' newly I S,D~~ clt~ens occupies a uriicipal area
from which the ~ re~renue is ~ percent residential ar~d T ~ percent co~nercial,
Though the tov~n has made a can~it~nent ~o div~rsifyi~ its ~ base, a sig~r~x~eant
alteration of the and associated revenue generation wll to some time, and
could be severely limited by these rules. ghat happens Carrbaro finds that it
cannot achieve the required nutrient reductions through load reducing a.cti~rities
without banlarupt~ng the Town, either through budgeting that applies the hulls oftawn,
esaurces to ~'o~dan ~~les i~npln~en.tian ar the pay~ne~.t of fines due to its lack of
compliance? what will be acceptable tie frames for irnplem~enting the local plan,
and hew will ~lae state ensurelsuppoz~lwark with the Tav~n to yield the shared desired
outcome afwater quality enhancement without ~an.cial min?
4~. general - The ~Jpper dew Dope ~ of Jordan fake has demonstrated water quality
charactestics lower than these afthe ren~alnde~r afthe lai~e~ It ~ the town's opinion
that this difference is substantially due to the configuration of the lade, pa~lcularly
the causeway that suppo~s Farrington ~.oad and the canstrict~an of water flow that
occur between the Capper dew Dope Arm and the ~e~.ainder of the lade. The Tarn
is interested determining whethex.eithez~ of the following actions has been
considered as alterative rr~easuxes to ipxo~e water quality in the lake.
a, l~vdeling removal ~~ the causeway and its zeplacement with a structure
that would reduce the constriction an flaw. while it is understood that the
. enhanced how that wo~zld occux under this option nay not can~pletely
restore chlorophyll A to deixed levels, it is postulated that the levels
would be closer to state standards, therefore decreasing the required
nitrogen and phosphorous reductions to achie~'able Ze~els.
b. ix~ce It acts similarly to a forebay ~ a structural best manageme~at
practice, reclassi~catian afthe C~'pper dew dope Arm ofthe lake and
rnadif cation of its permitted uses, andlnr revision. of the applicable
chlorophyll .~ standard sa that levels might not be as limiting,
. general -~ Cn order for the application of the nutr€ent management requixenaents far
Gordan l~a~c to be fair and accurate, modeling of atrnaspheric nitrogen associated
with existing land uses aa~d vehicle miles traveled, water quality degradation, and the
necessa.~y' nutrient managerent strategies must be part ofthe rule when it is adapted.
Funds need to be budgeted far these~activzties immediately, lfthxs has not yet
occurred. The passibility of expending extensive ~esaurces ~- tie and n~ane~ ~- on
nutrient n~ar~agernent that does eat account far the atmospheric cantr~but~an of
nitrogen is wasteful and costly.
~. general ~ Are the nitrogen and phosphorous laad~ng rate targets technically feasible
in association wx~ dense development activities`? arrbo~o of~cials~have expressed
grave concerns that loading rate targets may present such an insurmountable abstacle
so as to render areas afthe Town's jurisdiction unde~relopable. The Tawn# existing
starrnater regulations have been zdent~ed a discauxagixxg de~'eloprnent and
redevelopment. A.dditianal ~egulatian run the risk of further discau~aging
rede~relcpment and ar~y associated water quality improvements that would be
achieved through such redeveXopr~r~ent's compliance with existing Town regulations,
or future versions which ga further tawa~d addressing ,Ca~rdan's nutrient issues.
~~~ ~le~t l~ai~ ~t~~e~, ~arrbaro, N~ ~7~~ ~
A~! AQUA[. ~PP~RTUNITY L~NCP~.{~Y~R
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comments ~n ~~~ ~~~7 L~ra~ ~~s ~ ,~4r~~n ~~s~rvoir F~~~ ~ a~ 5
9~1712~~7
7~ g~cultu~re - The relatian~hip hetvvee~ the puxpoe in section .~~~ ~~~ and the
standard Fs to ~~ innplemented ~ Section .~~~~ ' is unclear* "his is especially
true ~ consideration, ~ ~ statement that, "in~piern~~.tinn may have occurred at any
tune before during, or aver the baseline perEad." Yt Wu~ld seam that e prol~abilxty
of reduoig nutrients from ag~oule suciently to achieve the nonpoint source
nutrient targets under this ru.Ie is small. This under~es the nonpoint source nutrient
reduction stt`ateg~ as a Whole. ,urthernnore, agricultural sources generate ni~roge~
credits h iruple~nenting and BAP iu addition to the fist provided . Section ~~~~
~7~~a}. ~ providing a tbresh~id tc generate ni~ragen e~edits that ~e~rs na reiatianship
to the nutrient reduct~.on targets, agrtcu.ltural sources mad be generating spurious
cxedi~ a~u~her reducia~g the effectiveness ~~~ e nonpot source ~ut~e~at reductic~
strategy. ~ign`xeultural uses should have to meet cha~ag~s related to the ~~~~ baseline
as is proposed far all other uses. ~theise, the moles should be nnodi~ed to allav~
any athex uses vcrhose actions prior to ~~ ~ can be shoes to have grater ~uali
~3~~~f1ts t~ ~'eCe~ve ~r~~lt for those ~.~t10n5.
8~ ~`iscal impacts ~-The estin~a~ted costs, ~.s hx~h as they are a~ready# still appear to
grossl~r under~sti~nate the full cast of irnple~ne~ting the rule as mitten.
a. direct casts which are not yet fully noted appear to include monitorg
and enforcenr~ent activities both to the local gQvemeut and citizens, and
prospective de~relopers. Zn and oftberr~selves, these casts are expected to
sign~cantiy exceed the esthnates provided..dditianal costs are
expected, but will got be la~rn until the'ro~vn prepares its pregram and
deter~es what types of actions gill be needed tv achieve the requited
nutrient reductions fronn e.isting development.
h. direct cosh may be of a lamer naaguitude and .elude icst ~ reve~,ue,
gross receipts and other funds associated with land taken out ofthe p~.vate
supply to ~.stalx hest mar~agennent practices to~rards achieving the nutrient
reductions for estg deveiopruer~t, aid ia~ develaprnent and b~.ilding
that does riot occur because interested developers choose to locate
~isewhere where requirements are less stringent and lager densities
encohrage mere vehicle miles travel.
c. l~~vixo~ental casts associated Wig spravrling land use that is
encouraged, par~icularl~ in less developed por~ioaas of the Jordan f,al~e
watershed, Such cQSts rvil~ ~clude at ~. m~mumy water q~ali impacts
frame riparzan. buffer and swr~`ace v~ater alteration and ren~o~ral and
insuf ~cieut replacement, continued and expanded air quality i~~acts ~e,g.
atmospheric ni~rogen~ £ram increased vehicle miles ~aveted, reductions in
land available far ag~.culture, forests, open space, and wildlife. fracturing
the forests far lav~~i~tensity land uses is Dawn to result in signi£~cant
reductions in biological diversity ofpl~.nt and anirnalsF ...
d. .~.inistrative casts associated v~i~ tracl~~g the compliance of local
gove.~ane~.ts With the rule. '~,v will pay for thls data collectio.u,
rnanitaring, tracl~n, plan review, et cetera The stated assumption that
the ~'~ can a~hsorb these costs into aaa already' overbaal~ed and
undersed ageucy seems eccedingl~r apti,~sc~ t a inimum~
caurdination ofthis effort ~rould seem to require dne ~stallation of
3~~ V1Jest ~~ir~ 5t~eet, Carrboro~ NC ~7~9~
AN E~IJAL OPP~R~'~Nf~Y E~[PL~Y~R
4a-4
Caents an i~a~rch Z0~7 Dry pules ~ rordara ~es~~irp~ gage 4 ^f 5
rnechanical devices throughout the Jordan watershed that can continuously
monitor stream flaws, such as the s~rean~ gauging stations installed. by the
TJS, and fxequent, routine water quality rno~toring at those stations.
Such devices and ~e associated rr~anita.g programs will be the only way
to provide the data necessary to accurately assess the benefits ~rie~ded by
changing land uses, stormwater ref~ofits, nonstr~a-ct~rral fills, etcetera.
.ire such expenses covexed in existing ~w budgets or will such
expenses be anorparated into Lure bndge~
9. Fiscal ~paets R The fiscal analysis n~a~es the assumption ~ hspter 4~ p.~3~ that
because "almost all municipalities in the watershed are sr~b~ect to phase Z~
requirernents and are to i~r~plen~ent new development prag~an~s beginning xnxd~ to Tate
~DD7," and because, `~v`.ually all re,aini~ag municipalities fall within water supply
watersheds and i~rnplen~ent ~TS~w ~torrnwater progran~s~~'that Jordan municipalities
will not incur, r~sign~ficar~t, ~uantifiable additional costs to in~p~en~ent this rile." The
Fhase ~ and w'w storrrxwater programs da not have nutrient reduction xequ~rernents.
Local governments will need ~aew programs and resources to addxess the nutrient
reduction requirements; fide validity of this assumption musfi be questioned, .
~ 0. Fiscal impacts ~ The pay rate of $~Ihc~ur '.~ chapter ~, p.~4} used to quantify e
cast of local govern~x~ents contracting assistance in preparing ordinances seems rather
low.
l ~. Fiscal impacts ~ Section .~~~ ~~}(a}~vi} must be alari~~ed such that ifthere exists a
local governn~.ent option fax mitigation then that local option shall he ie only o~`set
option that developers use. This wQUld ensure ~.iat developers will not be a~lawed to
opt out of local rnitigatian programs and into tha ~~ E~ when local governments
choose to chaxge a substantially higher mitigation fee than the N ~P rate. ~'hese
higher ratan will be necessary to recuperate adequate funds fio suppaz~ the actual
irnplerrlentatior~ of nutrient a„setting rnea.sures~ and t~i~s ~nora strinant option for
the Iocal gavernnaents is supported by the language ire Section .~~~ ~3~ that describes
the ol~awin standards as, "mininau,~~ and which is clearly meant . spirit to allow
more stringent standards to be established by local governn~.ents. ~n foot, cla~rxfication
~rouhout those rules that local gover~rnents ha~re .e option to implement more
stringent standards to achieve the nutrient reduction goals will be essential.
~~. Fiscal ~rnpacts Section .~~G~ must also be claxil"red such that any contributions to NC
CEP resulting franc development occurring within a particular~urisdiction and within
are ofthe three Jordan L.~e arms, or other appropriate hydrologic unit must be
expended within that sane pvXitical and hydrological area of ~axdan Labe.
l~; lplementation ~ delete Scction .O~G3 ~4~~b} that requbres homeowners to bear the
responsibility far verifying that nutrient applicators they hixe have net the
requirements off` Section ,~~G ~~(a~. Such a req~iarernent is cu.€nbersome and
unrealistic. .
~4. nplementation ~ Tl~e five~year time frame for the completiar~ ofnutrient
nranagen~ent training pec'id in~Section .~~~3 ~5}~a} is taa land. Local
governments a~`fected by this rule are, as it is currently written, required to prepare
programs den~onstrrating haw required zedr~ctions will be achieved within three gears.
The nutrient n~anage~nent training time game should be no longer than three years as
well,
3~~ IlV~st Main ~~reet, C~rrbore, NC ~~~~~
A~ Q~lA~ bP~~~T~~1~TY Eh~P~~YER
4a-5
~~rnmeIl~s ~u ~~h 2~a7 ~~ ~.ua~~ ~,~~~dan ~es~~a~r
9~~7I4~7
~a~ a~' ~
~ . ~.gricu~t~are - econ~ider tie numl~cr~ o~ ~~ctack that ect~an .a2~~ ~~~~c~; these
t~xeha~d wi~~ alio~ too n~an~ said fang operations ~~ operate withor~t necessary
nutrient n~anagent practices.
I ~. ~.dn~.ni~r~txa~ -- Section ,~~~~ ~~~~~ sho~Id be re~i~d to a~~ow ~oca~ governments
that are also sub~e~t to ~'~ ~, ~r athe~t .te-n~andafed sto~nwater pros
which require an annuaX report, to prepare one annum report that responds to the
~nitiati~e v aid progr~a~ns.
~ 7. ~,dmin~~rat~on -~ Section ,~~bG doe not p~o~ide clear ianat~on on how requixed
~at~r ~ua~ity irnpra~etnents ~~ be ~raeed.
~ S..l~.dn~nistra~ion ~- ~`undin assistance horn. the Sate and ~ede~ra~ ga~e~rnnaents ~ii~ ~e
needed to assess e~.sting de~rei~pn~ent d tor~nwater n~anagenaent i~ order to
achieve the requixenaents off' Section .oGG ~~~~~a~~i~}. where will m.on~y cone ~rv~n to
address this need?
~ 9. hnpie~.entation ~-'~kie ~u£~er ~or~i~n a~ rho rn~e ~anXd app~~ ~a a~i in~e~ier~~ and
pe~ennxa~ ~.r~ace waters, a~ defnaed ectian .~~~7 ~~~ and per the Latest pu~tication
o~ D's Ide~~r~a~r"o~ Ie~~ads f or t~r~ ~rirts o, f ~~~e~t~~~~r~~ and ~ere~r~ia~
~~rear~s, rather fan oni~ those delineated on the ~S ~r Soil Surrey reaps. ~~ is
weii i.own that mangy o~the a~orementroned surface maters are not shown on these
maps,
dour care.1 consideration of these eomrnents is gatiy appreciated. hest of r~c~ wig
yaux deliberation on the drab rules and associated pubic c~~ents.
~on~t' hesitate to contact Patricia ~cuire, planning A~dnainas~atora at ~~ 9l9 ~ $-7~~7 or
pmcu~rea~,~o~noar~~oro.or~ if~ou have quest~on~,
sincerely, -
ar hi~ton~ a~ra~r
~arrbara, ~ar~h Caro~~na
~Ipjm
~1 VI[~~~ Main t~~e~, C~~r~~ro, NC ~7a1~
AN ~QUA~. ~P~DRTU~i~TY EMP~.~Y~R