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HomeMy WebLinkAboutMinutes - 19831018 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS 001 October 18, 1983 The Orange County Board of Commissioners met in regular session on Tues- day, October 18, 1,983 at 7:30 p.m. in the Courtroom of the Old Post Office Building, Chapel Hill, North Carolina. Commissioners Present: Richard E. Whitted, Chair, and Commissioners Ben Lloyd, Shirley E. Marshall, Norman Walker and Don Willhoit. A. BOARD COMMENTS Commissioner Whitted noted he had an announcement to make. Commissioner Willhoit requested a Fire Ordinance Permit be added to the agenda. ' B. &UMNCE- COMMENTS 1. Matters on the Printed Agenda There were no comments. 2. Flatters not on the Printed. Ac_{�D There were no comments. C. ITEMS f QR DO.1&p DECISION 1. Renzi r ' h2_5adiWDtatio0 and Erosion Control Ordinance (see pages for this Ordinance) Mr. Steve Rose, Member, Carrboro Board of Aldermen and Chair of the Carrboro Water Quality Task Force, stated that in Carrboro's extraterritorial jurisdiction, two-thirds of University Lake plus the surrounding shore line is in the planning jurisdiction. Carrboro also has the minority portion of the watershed under zoning control. To the extent that Carrboro has made the com- mitment to adopt other portions of the plan, it has contributed, for the sake of the community, tax dollars. One of the trade-offs this report makes is limitation of density in the watershed in order to protect the drinking water supply which reduces the value of the tax base that would have been Carrboro's. He requested the Board keep in perspective that to the extent the County is requested to participate in the enforcement of this plan, it must first be done by state law, and secondly, Carrboro is contributing more funds in this waters- shed than any government entity. This Ordinance affects the drinking water of 60,000 people now and possibly 120,000 Orange County residents in the future. Fir. Rose presented the Board with a partial comprehensive approach to protect the watershed which Carrboro has approved. The zoning map and land use ordinance have been amended. But, because it all works together, the effective date for completing everything is when the County adopts the sedimentation and control portion of the ordinance. Attorney Mike Brough noted ome concerns: (1) Section 22.1t- the s1'to�n.propo►q 4 a� sal specifies additional requirements for one part of the Countyr and the expansion of enforcement necessary would place considerable pressure on County personnel, however, an enormous new burden is not expected; (2) a definition of tracts suggest enforcement will be substantially different from County enforcement basis which is by tax audit; (3) relative to the exclusions within the University Lake watershed, this item supplies an exception from the requirement to get a permit. Under minor circumstances there is no need to come in for a permit at all; (4) general requirements - Section 6.1 calls for approval of an erosion control plan for every land disturbing activity with more than 10,000 square feet. The Countv 2 currently approves activities greater than 40,000 square feet. W nn A? relates to higher standards for the watershed; (5) section 3a and 3b qualify the enforcement policy by specifying stormwater management provisions, and provides for the plan exemption specifications necessary to qualify for this exemption. Commissioner Willhoit noted: (1) that the Ordinance provides for a unified approach to soil and erosion and eliminates the need of the Town to hire staff with expertise in the area of soil and erosion control; (2) that the legislative basis for soil and erosion control is in the Oil and pollution Control Act, which specifies some minimum requirements; (3) recommendations are consistent with State specifications; (4) the approach Carrboro used relative to the italics should be kept; (5) page 014, Sectbion 5d, list items which are exclusions under the State Act and also excluded in the watershed area; and (6) the State would not approve section 5d as written because section 5.1 excludes the exemption on activities conducted by persons having the power of eminent domain, local governments, licensed by the State or the United States, and funded in whole or in part by the State or the, United States. -Mr. Rose noted that Carrboro would have no problem adopting the Ordinance exemptions. Commissioner Marshall suggested adapting the Ordinance pending review and approval by the state; if the State recommends revisions, the Ordin- nance will be amended at that time. Commissioner Willhoit moved, seconded by Commissioner Marshall to consolidate Section 5 and 11 relative to exemptions put a footnote on access and haul roads, add an introduction to describe what items relate to the water- shed and clarify location in the Ordinance, and submit the plan to the State for approval. VOTE: Ayes, 5; Noes, 0. C-2. XiLi��41t North�ide__Drive Commissioner Walker moved, seconded by Commissioner Willhoit to approve the petition for the Northside Drive (SR 1964) participatory paving project. VOTE: Ayes, 5; Noes, 0. C-3. Iake_Qran9.e_N Commissioner Willhoit noted that the State proposed a conservation model to provide for the aquatic environment as well as provide for the needs of the three water systems. The State suggested that the Board survey Lake Orange to determine if the stage storage curve is accurate and inform them accordingly. it was suggested that Orange-Alamance and the Town of Hillsborough Boards provide feedback to the County on concepts of the plan. Commissioner Willhoit stated that on October 7, 1983, the data pre- sented indicated that provided the State curve is correct, Lake Orange was down approximately 65% of capacity. As of October 18, 1983, Lake Orange was down 57 inches, which is an additional nine inches since October 7, 1983. Commissioner Willhoit noted cause for concern; the water level is down approximately 56% of capacity; and the State's plan now calls for voluntary conservation; and the Orange-Alamance system has not yet responded. Tentative action, because the water in Lake Orange in falling rapidly, needs to be taken. Commissioner Lloyd noted that Orange-Alamance is in full cooperation with the plan and the Board will be meeting in the next few days to take action relative to conservation measures. O Q 3 3 Commissioner Willhoit stated a need to meet with OWASA and review their current situation to be sure all efforts are in concert to not drain Lake Orange more rapidly than University Lake is dwindling.. Everett Billingsley of OWASA noted that the. water level this riorning (October 18, 1983) was down 58 inches, and would like to endorse the actions of the Board and the recommendations of Commissioner Willhoit. Commissioner Willhoit noted in a letter received from John Ray, a suggestion that OWASA consider purchasing water from the Town of Mebane through the Orange-Alamance System. Commissioner Willhoit moved, seconded by Commissioner Marshall to approve recommendation 41: "The County should expeditiously have an accurate stage-storage profile developed for Lake Orange", and approve authorizing the County Manager to proceed with having Louis Callemyn survey the lake. VOTE: Ayes, 5; Noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall to invoke Stage one of the adopted Ordinance, "Providing for Conservation of water in a Water Shortage" for application of its voluntary conservation measures in areas outside of OWASA's service area. Table 2 of the report received from the State Office of Water Resources should be used as a triggering mechanism on an interim basis until other figures are finalized. VOTE: Ayes, 5; Noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall to authorize the County staff to take appropriate steps to reduce consumption consistent with the plan. VOTE: Ayes, 5; Noes, 0. Commissioner whitted noted that the application of this motion will be effective immediately in the county; feedback is needed from Orange-Alamance and Hillsborough to the State Water Resources Office proposal; the staff needs to provide daily updates of the status of Lake Orange and to the extent possible consumption figures from the Town of Hillsborough and Orange-Alamance; coordinate with OWASA to compare the two water systems relative to the quantity of water left; explore the possibility of getting water from Mebane with OWASA, Orange-Alamance, and the Town of Hillsborough; and before the next session give consideration of the downstream release at Cooperation Lake and Ben Johnson. Commissioner whitted stated that since there are only 52 days re- maining in Lake Orange, the staff and County Attorney should draft an Ordinance modeled after OWASA's. C-4. ,7saxS7 akP C a,,, fcaticn Commissioner Whitted shared with the Board the State Local Action Ageda presented by Secretary Grimsley to the Task Force on October 7, 1983 and th need to respond as requested. He noted that the water Resources Committee of the Council of Government worked closely with the staff from NRCD. The Board, Chapel Hill, the COG Committee and others recommended that the lake be classified as A-2. Secretary Grimsley recommended that the lake be classified as A-2, with no withdrawals for drinking water purposes from Jordan to be approved until the water is safe to drink with respect to toxic organic chemicals. Another concern of the Board relates to Item C "For existing dis- charge to Jordan, compliance schedules should be developed, for the New Hope Arm in particular, to enable an approximate two year period to initial phos- phorus removal". There are considerably more nutrients coming down the flaw River Arm than there are in the New Hope Arm. Therefore, there is a ten day flushing period in the Haw River Arm, and a 300 day flushing period in the New Hone Arm. 004 4 Commissioner whitted shared with the Board the recommendations of the Hearing Officer made to the Environmental Management Commission on Oct. 13, 1963. (see page for these recommendations) Commissioner W-hitted stated he would prepare comments for Secretary Grimsley and put the prepared response on the agenda. Commissioneer Whitted requested that the prepared comments also be shared with the Planning Board and Soil and Water Conservation Board. C-5. Tit1B--UL13L-B9ing-Funds_ CDL1t r at. This item was tabled until the next Board meeting. C-6. C.OD tiSS1DD�r.S' ,�Yhpr3ul A Commissioner Whitted suggested that because the previous Monday meetings had been so lengthy, the Board consider meeting on the first Monday from 4:00 to 6:00 p.m., break for dinner, and return at 7:30 to conclude the meeting. Commissioners Lloyd and Walker noted some objections to this sugges- tion. By consensus, during November and December, the Monday meetings will be scheduled for 7:30 p.m. Added Item - Announcement Commissioner Fihitted announced that Beverly Blythe will begin on November 14, 1983, as Clerk. Added Item - Fireworks Permit Commissioner Walker moved, seconded by Commissioner Willhoit to approve the fireworks permit requested by Lea Lang, under the supervision of the fire department. With no further business for the Board to consider, the meeting was adjourned. Richard E. Whitted, Chair Beverly A. Blythe, Clerk APPROVED 3/5/84 i Q0 i NATURAL RESOURCES AND COMMUNITY DEVELOPMENT . STATE-LOCAL ACTION AGENDA FALLS AND JORDAN WATERSHEDS OCTOBER 7, 1983 A. A-II CLASSIFICATION FOR DRINKING WATER. Concerns have been raised regarding the classification of Falls and Jordan Lakes A-II to allow them to be used for drinking water. This concern is focused on toxics and synthetic organic ' chemicals. i 1. STATE ACTION NRCD recommends that: a. The A-II classification be approved by the Environmental / Management Commission for both lakes. i �+b. withdrawals for drinking wt purposes from Jordan not be approved until it has been determined that the water is safe to drink with respect to toxics and synthetic i organic chemicals.. { c. NRCD will conduct necessary research, analysis and {+ monitoring to determine quality for water supply. f 2. LOCAL ACTION NRCD recommends that: a. Municipalities critically review their industrial _ pre-treatment programs to determine their effectiveness in controlling toxics and synthetic organic chemicals, 006 B. AGRICULTURAL AhD FORESTRY RUNOFF Agricultural and forest runoff contributes 38% of the phosphorus load in Falls and approximately 25% in the Jordan, Agricultural erosion results in problems of productivity for the .farmer and i . in sedimentation, phosphorus, pesticides, and other pollutants I entering the lakes. � . 1. STATE ACTION NRCD recommends that: a, The Upper Neuse and Upper Cape Fear Basin erosion control study recommendations be implemented over a five year period rather than lO years as proposed. (1) Necessary computer mapping and data will be provided to agencies to implement the Upper Neuse and' Upper Cape Fear basin erosion control recommendations. (2) Model guidelines for treating critical erosion areas for county BMP (best management practices) j programs will be developed. for implementation by local Soil and Water Conservation Districts. b. On-the-ground training for loggers and logging contractors in the watershed to reduce sedimentation will be provided, (1) NRCD will fund purchase by forest landowners of seedlings, seed, and mulch to stabilize critical areas, c. DOT will select a target area and conduct a demonstration project to show the effectiveness of sedimentation control I� practices for rural road maintenance'. -2- i - I� i :f'4 • ore 1 d. NRCD will support the concept of Agricultural Districts J to maintain prime farm and forest lands if local Soil & Water Conservation Districts reach such a consensus. 2, LOCAL ACTION i NRCD recommends that: a. Local Soil and Water Conservation Districts implement model guidelines for treating critical erosion areas in District Plans, (Guidelines. referred to in a. (2) above) b. An annual BMP maintenance program will be incorporated into District Plans, c. District Plans should be formally approved by County commissioners prior to receiving funding, and annual i evaluations should be reported to County Commissioners. C. URBAN AREAS - EROSION CONTROL Urban areas contribute IS% of the phosphorus delivered to the Falls and approximately 11% to the Jordan. Sedimentation caused by storm- water runoff is a major problem for water quality. Sediments carry phos- j phorus and other pollutants to the lakes. Deposited sediment reduces the capacity of the lakes to provide water supply. i 1. STATE ACTION NRCD recommends that: a. The State Erosion Control Program be strengthened to provide %.., additional manpower, technical assistance, and enforcement resources in the watersheds, i -3-- i I I 09M. f b, Continued strong support should be provided for the NRCD STREAMWATCH program. 2, LOCAL ACTION . ' i NRCD recommends that: a. Sedimentation and erosion control programs be adopted and enforced by the counties of Alamonce, Chatham, Durham, and Granville, and the cities of Burlington, Durham, Graham and Pittsboro, b. Local governments with existing sedimentation control programs evaluate the effectiveness of their programs in these watersheds, D. URBANIZING AREAS i New development in the watersheds contributes to water quality problems by increased stormwoter runoff and wastewater treatment systems. The closer the land use activity is to the reservoir, i the greater the relative impact on water quality; therefore, more control is necessary. ; 1. STATE ACTION NRCD recommends that: J a. Water Quality Critical Areas of the Jordan and Falls I - Lakes be delineated and development in these areas be R subject to high levels of control . b. Non-discharge systems should be used in Water Quality Critical Areas where feasible. -4- i i - uua 1 I i C. All wastewater systems in Dater Quality Critical. Areas be designed to provide maximum protection from the risk of discharging untreated sewage.. d. Guidance be provided to enable local oversight and 1 management of on-site and small community wastewater system: /e. Local governments be notified upon NRCDIs receipt of i permit oPPlications for private wastewater systems. f. The following uniform, minimum performance stgndards to manage stormwater runoff from all new development be adopted: (1) Require control of the first half--inch of runoff from impervious surfaces. (roof tops, parking lots, etc,) . The preferred method for reducing stormwater pollution is through natural infiltration on un- disturbed, vegetated land. (2) Set the following maximum limits for impervious coverage in new development: Water Quality Critical Areas 6% Non -critical/Unsewered Areas 12% Non-critical/Sewered Areas 30% (3) Establish a minimum buffer of 50 feet of natural vegetation for all streams within and bordering the developed area, and prohibit direct discharge of runoff through ditches, culverts, or along roadways across the buffers, 2. LOCAL ACTION: NRCn recommends that- -5- i 1 010 I j a, Cities and counties bordering Falls and Jordan Lakes should coordinate future development plans .and' utility I extension in the respective watersheds, b. Sewer extension plans and policies should be modified to discourage urban-level development of residential and industrial uses in Water Qualitv. Critical Areas. c. Local agencies should strictly and uniformly apply ' state regulations for on site wastewater systems. d. Educational and technical assistance programs should be directed to proper maintenance of wastewater systems, a specifically in Water Quality Critical Areas. f e. Local units should adopt the proposed uniform performance i standards on runoff, impervious area, and stream buffer, Capabilities for site plan review, inspection and maintenance of stormwater management systems should be developed. i E. NUTRIENT SENSITIVE WATERS DESIGNATION - POINT SOURCE PHOSPHORUS REDUCTION ! Unless significant steps are taken to reduce the amount of phosphorus entering Falls and Jordan Lakes, severe algae blooms may develop. This phosphorus and other pollutants comes from point source dis- charges and from non-point or stormwater runoff.. By designating the lakes as Nutrient Sensitive Waters, the state can regulate phosphor from wastewater treatment systems, i - I , 1 t 1 ! i 1. STATE ACTION , 1 NRCD recommends that: a. Falls and Jordan Lakes be designated as Nutrient Sensitive waters. t _ b. Phosphorus reduction for new discharges is needed in 1 both watersheds and can be accomplished by use of non-discharge systems, connection to an existing - municipal system, or treatment for discharge to 1 microgram per liter monthly average if necessary to f protect water quality. j /. For existing discharge to Jordan, compliance schedules Q; should be developed, for the New Hope Arm in particular, to enable an approximate two year time period to initiate Phosphorus removal . i For existing discharge to Falls, notification- should be ! provided that phosphorus control may be required after further study. e. NRCD will support legislation for a phosphorus detergent . 1 ban if local governments reach a consensus to recommend such legislation, f. In specifying the timing and degree of phosphorus removal for existing plants, strong consideration be given to the actions by local government to reduce phosphorus i from other sources. F. TOXIC AND HAZARDOUS MATERIALS Both reservoirs are exposed to contamination by toxic materials from several potential sources. These include: wastewater treatment plant -7- I } 012 effluent; direct spills from highway or rail accidents; spills or leaks of material stored throughout the watersheds. 1. STATE ACTION NRCD recommends that: a, A coordinated response plan be developed for hazardous materials spills from highway and rail 1 assicrossings over both lakes. stance be provided to local b. Technical governments in establishing a local emergency response capability. c. Assistance be provided to conduct an inventory of stored hazardous materials in local Jurisdictions. 2. LOCAL ACTION NRCD recommends that: p, Strict enforcement and use of industrial pre--treatment and sewer use ordinances be used to prevent discharge f of toxics to municipal treatment plants or to streams it watersheds. b. Local governments participate in an inventory of hazardous materials storage areas by companies and institutions. I c. Recently adopted ordinances regulating the storage of hazardous materials be reviewed to assess their applicability to local Jurisdictions. (examples of these include Raleigh, Greensboro, and Lee County. ) I i i SUMMARY OF THE RECOMMENDED STRATEGY FOR PHOSPHORUS LIMITS FOR JORDAN LAKE TYPE OF DISCHARGER i Haw River Watershed New Hope Watershed is Notice that stringent nutrient limits may be set depending on: - Compliance schedules for limits Existing of 1 mg/l issued immediately, iO�Q�fs - findings during a two year study, - Continued study during the 2 to 5 year installation period for most effective local actions to reduce nutrients, plants With operational require- l ments adjusted to conditions at onset of problem conditions, completion of installation. Notice that more stringent limits may be set if the initial state and local actions do not control the problem. 711y, discharge systeris if possible. Nondischarge systems if possible. nect to an existing municipal Connect to an existing municipal tem where possible. Fn - system where possible. �"�/n,�(y If new discharge is necessary, limits of 1 mg/1. - If new discharge is necessary, limits of 1 mg/l. Notice that more stringent limits may - Notice that more stringent ��ol be set if initial state and local actions do not control the problem. limits may be set if Initial. �s . state and local actions do not control the problem.