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HomeMy WebLinkAboutAgenda - 03-15-2011- 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 15, 2011 Action Agenda Item No. `~ - (~, SUBJECT: Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) Clarification DEPARTMENT: Manager's Office Planning & Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Proposed Resolution 2. Excerpt from OWASA's Long Range Water Supply Plan, Statement from Town of Hillsborough's Planning Director, and Memorandum from Planning Directors 3. Town of Chapel Hill Approval Resolution 4. Letters Received and Sent on this Topic 5. Existing Water and Sewer Management, Planning, and Boundary Agreement INFORMATION CONTACT: Frank W. Clifton, Jr., County Manager, 245-2300 Craig N. Benedict, Planning Director, 245-2592 Perdita Holtz, Planner III, 245-2578 PURPOSE: To approve a resolution related to a clarification within the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA). BACKGROUND: The WASMPBA is a countywide utility management and boundary agreement adopted in 2001 after years of local government and utility authority review. The agreement sets forth important rules guiding land use, utility .extension policies, management of water resources, accountability, and the subject of this clarification, water transfer. On December 9, 2010 the Orange Water and Sewer Authority (OWASA) forwarded a request (included in Attachment 4) requesting a change in the WASMPBA to clarify emergency transfers and non-emergency transfers. In reviewing the request, staffs of Orange County and the Town of Hillsborough realized that the clarifications also applied to the County's and Town's interests in Jordan Lake allocations. Orange County and the Town of Hillsborough proposed changes to the adopting Resolution and Agreement text to include the County and Town in the amendment language. The proposed additional language clarifies that the entities have flexibility to transfer Jordan Lake water resource allocations through other entities (interconnections currently exist with the Durham and Cary water systems). Staff believes it is prudent that the Agreement be clarified so that it cannot be interpreted as possibly constraining access to current and future Jordan Lake water supply allocations. Jordan Lake 2 represents an important link in ensuring that Orange County residents served by water systems have a diverse portfolio of water supply alternatives in an uncertain future. OWASA's request is consistent with its Long Range Water Supply Plan (available at http://www.owasa.orq/client resources/whatwedo/LRWSP.pdf) which was presented at the November 5, 2009 BOCC meeting. Minutes for this meeting are available on Orange County's website (http://vvww.co.orancte.nc.usn. OWASA's Long Range Water Supply Plan addresses this specific issue (see Attachment 2). OWASA, Orange County, and the Town of Hillsborough are currently involved with the Jordan Lake Partnership which is addressing allocation issues from Jordan Lake. Attachment 2 also contains a statement from the Town of Hillsborough's Planning Director and a memo from the local government Planning Directors. The Board of Commissioners initially considered this resolution at the January 20, 2011 regular meeting. The Board tabled the item at that time to allow for action by the other WASMPBA jurisdictions. The Town of Chapel Hill Council considered this item at its February 28, 2011 meeting and approved the Resolution included at Attachment 3. The meeting can be viewed at: http://chapelhill.granicus.com/MediaPlayer.php?view id=7&clip id=949 The Town of Carrboro Aldermen considered this item at a March 1, 2011 meeting. The Aldermen discussed this issue at length which culminated in the Board voting to approve the amendment to the WASMPBA as it pertains to Orange County and the Town of Hillsborough, but declined to approve the inclusion of OWASA at this time. Town staff is currently preparing minutes for the meeting which wilt reflect the Town Board's approval of the amendment. The meeting can be viewed at: http://www.townofcarrboro.org/BoA/Agendas/2011/03 01 2011.htm The Town of Hillsborough approved the original proposed amendment language at its meeting on January 24, 2011. Since that date, the proposed language was modified slightly. The Town is scheduled to consider the updated language at its meeting on March 14, 2011. Staff will inform the BOCC on the status of the Town's approval on March 15. The OWASA Board is scheduled to consider the revised resolution at its March 10, 2011 meeting. Staff will inform the BOCC on the status of the OWASA Board's approval on March 15. As requested for context at the January 20, 2011 BOCC meeting, Attachment 5 contains the WASMPBA document in its entirety with the proposed additions shown in bold italic (see pages 13 and 14 of Agreement). FINANCIAL IMPACT: There is no financial impact associated with approval of this resolution. Orange County continues to reserve each year a Jordan Lake allocation of 1 million gallons per day (MGD) Level II reserve with a budgeted annual cost of approximately $2,500. RECOMMENDATION(S): The Manager recommends the Board approve the resolution contained in Attachment 1 and authorize the Chair to sign the resolution. _ ~O ~ ~ _ ~ ~ C Attachment 1 3 RESOLUTION AMENDING THE 2001 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG CARRBORO, CHAPEL HILL, HILLSBOROUGH, ORANGE COUNTY, AND OWASA WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, the University of North Carolina at Chapel Hill, Hillsborough, and portions of Orange County; and WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County, applied for and received a Jordan Lake water supply storage allocation from the North Carolina Environmental Management Commission (EMC) in 1988, for which OWASA has since paid more than $200,000; and WHEREAS, Orange County has a million gallon per 'day 'allocation from the Jordan Lake water supply for which the County has paid more than $31,000 since 1997 and from which the County intends to draw in the future; and WHEREAS, Hillsborough intends to request a million gallon per day allocation from the Jordan Lake water supply for future emergency water supply and potential growth; and WHEREAS, Jordan Lake's importance as- a future supply°' source was confirmed in OWASA's 2001 Comprehensive Water and -Sewer Master, Plan and re-affirmed in its 2010 Long-Range Water Supply Plan, which stated that "It is essential that, OWASA retain and acquire access to its [Jordan Lake] allocation' ;and WHEREAS, OWASA, Hillsborough, and Orange Count~~ are playing an active role in the Jordan Lake Partnership, which is facilitating coordinated applications to the EMC by Triangle Area.utilities-who 'must justify their need for increasing or retaining their Jordan Lake water supply storage allocations; and WHEREAS, unimpeded access to OWASA's, Hillsborough's, and Orange County's allocations will be an important consideration in obtaining the EMC's approval to retain or secure those allocations; and WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and OWASA adopted a Water and Sewer Management, Planning and Boundary Agreement (the Agreement) in 2001; and WHEREAS, language in the Agreement is unclear about OWASA's, Hillsborough's, and Orange County's ability to access their respective Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, and Orange County customers; and WHEREAS, this lack of clarity may jeopardize OWASA's, Hillsborough's, and Orange County's ability to obtain the EMC's approval to retain or secure their allocations; and WHEREAS, this contributes to greater uncertainty in OWASA's, Hillsborough's, and Orange County's long-range water supply and capital investment planning; and 4 WHEREAS, any change to the Agreement requires approval by all parties to the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS: That the Agreement be clarified with the addition of the. following language as a new Subsection 3 to Section VILA (Emergency Water Transfers), and that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "The provisions in this subsection do not apply to the treatment of and transfer of water available through OWASA's, Hillsborough's; or Orange County's Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, or Orange County customers. Nothing herein shall be construed to prevent OWASA, Hillsborough, or Orange County from entering. into agreements as necessary to provide for water transfers to afford OWASA -Hillsborough, or, Orange County access to their respective Jordan Lake allocation. " Adopted this the 15~' day of March, 2011; Bernadette Pelissier; Chair ATTEST: Donna Baker, County Clerk Excerpts from OWASA's Long Range Water Supply Plan Paee 18 (Option 6: Purchase Water from Neiehborine Jurisdictions) Attachment 2 5 "OWASA is a party to the 2001 Water and Sewer Management, Planning and Boundary Agreement adopted by the Towns of Carrboro, Chapel HiII, Hillsborough, and Orange County. In its present form, the Agreement constrains the purchase and sale of water across jurisdictional boundaries and could impede the timely access to OWASA's Jordan Lake water supply allocation ... We will work with the signatories to make any modifications to the Agreement that maybe needed to resolve unnecessary constraints on our access to Jordan Lake. "... It is further recommended that OWASA continue to keep the Carrboro, Chapel Hill, and Orange County elected boards up to date about these efforts and to work cooperatively in amending the 2001 Water and Sewer Management, Planning, and Boundary Agreement as may be needed to ensure a reliable and sustainable future water supply." Paee 25 (Supplemental Supply and Demand Reduction Options, Key Actions) • "Work cooperatively with the elected boards of Carrboro, Chapel Hill, and Orange County to modify as necessary the 2001 Water and Sewer Management, Planning, and Boundary Agreement to better reflect the important role that water purchases may play in ensuring the long-term reliability and sustainability of our water supply." Paee 27 (Summary and Recommendations. Key Recommendation #5) 5. "Work cooperatively with the elected boards of Carrboro, Chapel Hill, and Orange County to amend the 2001 Water and Sewer Management, Planning, and Boundary Agreement -only as needed - to .resolve any unnecessary constraints on access to OWASA's Jordan Lake allocation and to ensure a reliable and sustainable water supply for the future." 6 Statement from Margaret Hauth, Town of Hillsborough Planning Director In 1988, the town of Hillsborough had a 5.5 MGD allocation from Jordan Lake. In official action in 1993, the Town gave up this allotment as we were diligently working toward construction of the West Fork Reservoir. Around 1999, the town began to formally track existing, committed, and potential water users in a spreadsheet model to help inform development decisions. With this information in hand, the Town and County agreed to the Strategic Growth Plan which was the genesis for the recent adjustment to the service boundary around Hillsborough. This boundary was established based on known capacity the town has to allocate to new development, but without a guarantee of service or availability. Which is to say we cannot serve more area than was included inside the service boundary and we may not be able to serve all lands within the boundary at the owner's desired intensity. In 2011, as the town looks toward the future and applies its water capacity spreadsheet model to current, committed, and potential users, the town knows it will need another source for potable water in the future to serve the full potential of the economic development district and other lands included in the Strategic Growth Plan. The town is considering requesting a 1 MGD allocation from Jordan Lake, which would be used consistent with our Strategic Growth Plan and the Water and Sewer Boundary agreement, to ensure it has adequate capacity to serve the development that might wish to locate within the town's designated service area. Hillsborough's use of Jordan Lake water would be transferred through OWASA's or Durham's water system, as the Town has no intent to construct a pipeline to Jordan Lake. Therefore, long term use of our anticipated Jordan Lake allocation would require non-emergency water transfers through these systems on a regular basis, which the requested modification to the agreement would facilitate. 7 MEMORANDUM TO: Chapel Hill Town Council Carrboro Board of Aldermen Hillsborough Town Board Orange County Board of Commissioners OWASA VIA: Managers/Directors FROM: Orange County Planning Staff Town of Chapel Hill Planning Staff Town of Carrboro Planning Staff Town of Hillsborough Planning Staff RE: Planning Directors Support of Water and Sewer Management Planning and Boundary Agreement (WASMPBA) Amendment -February 2011 DATE: February 25, 2011 Background Orange County, the Towns of Chapel Hill, Carrboro and Hillsborough are leaders in the State in the protection of water supplies. Watershed protection is paramount in both the Cape Fear/Jordan Lake Basin, as well as, the Neuse River Basin. Through land use planning, erosion control and heightened public water and sewer policies and practices, a countywide water resource program has anchored a managed growth pattern, as well as, complementary protection of natural resources in rural areas. Orange County protects water resources not only for our own consumption in the cases of Cane Creek, University Lake, Lake Orange and West Fork of the Eno reservoirs, but also for our downstream water supply regional partners. Being a `Headwater County', our water protection efforts and regulations acknowledge other out of county water supplies such as Jordan Lake and Falls Lake. Therein Orange County has a vested interest and heightened water quality contribution to these exogenous water supplies. In the case of Jordan Lake, our interest extends beyond a regional planning view since we have reserved water quantity allocation from Jordan Lake for the future. OWASA and Orange County have paid for this reservation for about 15 years and included this factor in their long term water supply and land use plans. The Town of Hillsborough has evaluated their present water supply resources and is also planning an allocation from Jordan Lake. 8 Page 2 Proposed Amendment That the Agreement be clarified with the addition of the following language as a new Subsection 3 to Section VILA (Emergency Water Transfers), and that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "The provisions in this subsection do not apply to the treatment of and transfer of water available through OWASA's, Hillsborough's, or Orange County's Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, or Orange County customers. Nothing herein shall be construed to prevent OWASA, Hillsborough, or Orange County from entering into agreements as necessary to provide for water transfers to afford OWASA, Hillsborough, or Orange County access to their respective Jordan Lake allocation. " Analysis The WASMPBA is a product of the countywide interest in comprehensive water resource management. As we have noted herein, our implementation strategy also include a regional aspect and the request to amend the WASMPBA is consistent with this plan. The amendment protects the long range planning strategy to develop alternate yet contemplated methods to support our growth management strategy. Intra- county as well as inter-county collaboration is scheduled to have greater relevance as we examine water resources, public transit and air quality. The amendment is consistent with the plans and policies of the local governments. Recommendation 1n summary, the Planning Staffs of Orange County, Chapel Hill, Carrboro and Hillsborough thought it prudent to support the amendment to the WASMPBA since this agreement furthers our cooperative planning goals. ~ 3 9 A RESOLUTION REQUESTING CLARIFICATION OF THE 2001 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG CARRBORO, CHAPEL HILL, HILLSBOROUGH, ORANGE COUNTY, AND OWASA (2011-02-28/R-5) WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, the University of North Carolina at Chapel Hill, Hillsborough, and portions of Orange County; and WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County, applied for and received a Jordan Lake water supply storage allocation from the North Carolina Environmental Management Commission (EMC) in 1988, for which OWASA has since paid more than $200,000; and WHEREAS, Orange County has a million gallon per day allocation from the Jordan Lake water supply which the County intends to draw from in the future; and WHEREAS, Hillsborough intends to request a million gallon per day allocation from the Jordan Lake water supply for future emergency water supply and potential growth; and WHEREAS, Jordan Lake's importance as a future supply source was confirmed in OWASA's 2001 Comprehensive Water and Sewer Master Plan and re-affirmed in its 2010 Long-Range Water Supply Plan, which stated that "It is essential that OWASA retain and acquire access to its [Jordan Lake] allocation"; and WHEREAS, OWASA, Hillsborough, and Orange County are playing an active role in the Jordan Lake Partnership, which is facilitating coordinated applications to the EMC by Triangle Area utilities who must justify their need for increasing or retaining their Jordan Lake water supply storage allocations; and WHEREAS, unimpeded access to OWASA's, Hillsborough's, and Orange County's allocations will be an important consideration in obtaining the EMC's approval to retain those allocations; and WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and OWASA adopted a Water and Sewer Management, Planning and Boundary Agreement (the Agreement) in 2001; and WHEREAS, language in the Agreement is unclear about OWASA's, Hillsborough's, and Orange County's ability to access their respective Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, and Orange County customers; and WHEREAS, this lack of clarity may jeopardize OWASA's, Hillsborough's, and Orange County's ability to obtain the EMC's approval to retain their allocations; and 10 WHEREAS, this contributes to greater uncertainty in OWASA's, Hillsborough's, and Orange County's long-range water supply and capital investment planning; and WHEREAS, amendments to the Agreement require the approval of all signatories to the Agreement. NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill: that the Agreement be clarified with the addition of the following language as a new Subsection 3 to Section VILA (Emergency Water Transfers), and that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "The provisions in this subsection do not apply to the treatment of and transfer of water available through OWASA's, Hillsborough's, or Orange County's Jordan Lake water supply storage allocations for use by OWASA, Hillsborough,, or Orange County customers. Nothing herein shall be construed to prevent OWASA, Hillsborough,- or Orange County from entering into agreements as necessary to provide for water transfers to afford OWASA, Hillsborough, or Orange .County access to their respective Jordan Lake allocation. " This the 28~' day of February, 2011. ~I- AGE V6~A`I'E~. AI~t~ S E''V~~k~ A~L3TI3C~RIT'9~ public, nvn-1>r~/%t agerrc}~providirrg j+~ater•, se~er•tandr~claimed tt~ater•.s~rvic~s to the Carr•bor•o-Chapel hill enrrlnrtrrzty. December 9, 20.10 Bernadette Pelisses, Chair Grange County Commissioners P.O. Box $1$l I-Iillsborough, NC 272?8 Mark Kleinschmidt; Mayor Town of Chapet Hill X105 Martin Luther King Jr. Bind. Chapel Hill, NC 2751.4 Mark Chilton, Mayor Town of Carrboro 301 West Main Street Carrboro, NC 27510. Tom Stevens;. Mayor Town of Hillsborough 137 North Churton Street Hillsborough, NC 27278 SiJBJECT: REQUEST Td CLARik'Y CERTAIN LANGUAGE IAT THE 2001 WATERAND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT. {WSMPSA) .Dear Chair Pelisses, Mayor Chilton, Mayor Kteinsciimidt, and Mayor Stevens; I am. writing, on behalf of the OWASA Board of Directors to request your respective Boards' approval of a clarifying. amendment to the 2QOr Watep and Sewer Management; Planning and Boundary Agreement {WSMPBA). We believe that this- clarification is needed to implement important elements of QWASA's recently adopted Lang-Range YYater Supply flan and to meet our future obligations. to the Towns of Chapel Hill and Carrboro_ and to, the University of North Carolina as specified in our Sales and Purchase Agreements with those entities. We wish to assure. you and yaul? elected Boards that OWASA remains: fully committed to the spirit and intent of the WSMPBA .and to making decisions that are consistent and compatible with the Towns' anti County's lance. use plans and growth management policies. You-may recall that our Long-Range Water Supply flan recommends. that O~?trASA develop water purchase/sale agreements. with neighboring utilities that will secure> the permanent ability to cost effectively purchase water {especially through our Jordan Lake water supply storage allocation) under appropriate conditions of supply and demand consistent with the long-term performance objectives of 1. Avoiding future Water Shortage declarations through temporary purchases of treated water from neighboring utilities, This offers the most cost-effective way to supplement our. local supply during the infrequent times of severe drought, equipment failure, 4aQ Janes ~~rry Road. Lgval f1~p~rnurtiry Employer Voice X919) 968-4-1-2.1 ~arrhoro, tiC 275"lU-2(iUt Printed an Recycled Paper' auwtu.rrwaur.arg 11 12 lZequest to Clarify Certain Language in the WSMPBA December 9, 2010 Page 2 natural or manmade disaster, or other unforeseen circumstance. Purchasing water also reduces (unbudgeted) revenue losses that result from a declared Water Shortage and would have to be recovered through subsequent rate increases; avoids higher cus#omer bills from surcharges imposed during a declared Water Shortage; and lessens the hardship and inconvenience to customers who have already reduced their water use through diligent and ongoing conservation efforts; and 2. Providing additional flexibility and redundancy in the event of critical facility failure, extreme weather, or other unforeseen/ emergency circumstances. The Long-Range Water Supply Plan also recommends that OWASA work cooperatively with the local elected boards to amend the 2001 Water and Sewer Management, Planning'; and Boundary Agreement - only as needed - to resolve any unnecessary constraints on access to our Jordan Lake allocation and to ensure a reliable and sustainable water supply for the future. in its present form, we believe the WSMPBA may be construed as impeding OWASA's access to Jordan Lake by its broad prohibition of all cross jurisdictional water transfers except in times of emergency. In fact, our Long-Range Water Supply Plan identifies OWASA's Jordan Lake water supply allocation as an important insurance policy for times of special need, but some of those circumstances may not qualify as "emergencies" under current language of the WSMPBA. The purpose of the proposed clarifying language is to avoid any future. misunderstandings or disagreements that might impede the timely access to our Jordan Lake allocation, and to provide greater certainty for OWASA's water supply planning and management efforts. We recommend that the WSMPBA be clarified with the addition of the following language as a new Subsection 3 to Section VILA (Emergency Water Transfers}, and that this language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "These provisions do not apply to the treatment of and transfer of water available through OWASA's Jordan Lake water supply storage allocation for use by OWASA customers. Nothing herein shall be construed to prevent OWASA from entering into agreements as necessary to provide for water transfers to afford OWASA access to its Jordan Lake allocation. " Because any change to the WSMPBA requires approval by all signatory parties, we respectfully request that you support the proposed clarifying language. We have experienced the two worst droughts on record since the WSMPBA was frst adopted in 2001; and also since that time, the necessary infrastructure has been put in place to treat and deliver water to OWASA customers from our 3ordan Lake allocation via Cary and Durham. Full access to that allocation will further reduce our community's risk to water supply shortages, and that access is vital to OWASA's overall mission. 13 Request to Clarify Certain Language in the WSMPBA December 9, 2010 Page 3 We welcome any further questions or comments you may have. Please contact Ed Kerwin, Executive Director, at ekerwin@owasa.org (919-537-4211) or me at gmerklein@owasa.org (919-962-6172) if you have questions, need more information, or would like us to make a presentation at one of your upcoming meetings. Thank you very much. G erklein Chair, OWASA Board of Directors Attachments: 1. Adopted Resolution Requesting Clariftcation of the 2001 Water and Sewer Management, Planning and Boundary Agreement among Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA 2. Potential Questions About OWASA's Proposed Clarifying Language to the Water Sewer Management, Planning and Boundary Agreement (December 9, 2010) c: Mr. Frank Clifton, Manager, Orange County Mr. Roger L. Stancil, Manager, Town of Chapel Hill Mr. Steven Stewart, Manager, Town of Carrboro Mr. Eric Peterson, Manager, Town of Hillsborough Ms. Carolyn Elfland, University of North Carolina at Chapel Hill OWASA Board of Directors Ed Kerwin, Executive Director Robert Epting, General Counsel 14 RESOLUTION REQUESTING CLARIFICATION OF THE 2001 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG CARRBORO, CHAPEL HILL, HILLSBOROUGH, ORANGE COUNTY, AND OWASA WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, and. the University of North Carolina at Chapel Hill; and WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County, applied for and received a Jordan Lake water supply storage allocation from the North Carolina Environmental Management Commission (EMC) in 1488, for which OWASA has since paid more than $200,000; and WHEREAS, Jordan Lake's importance as a future supply source was confirmed in OWASA's 2001 Comprehensive Water and Sewer Master Plan and re-affirmed in its 2010 Long-Range Water Supply Plan, which stated that "It is essential that OWASA retain and acquire access to its [Jordan Lake] allocation"; and WHEREAS, OWASA is playing an active role in the Jordan Lake Partnership, which is facilitating coordinated applications to the EMC by Triangle Area utilities who must justify their need for increasing or retaining their Jordan Lake water supply storage allocations; and WHEREAS, unimpeded access to OWASA's allocation will be an important consideration in obtaining the EMC's approval to retain that allocation; and WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and OWASA adopted a Water and Sewer Management, Planning and Boundary Agreement (the Agreement) in 2001; and WHEREAS, language in the Agreement is unclear about OWASA's ability to access its Jordan Lake water supply storage allocation for use by OWASA customers; and WHEREAS, this lack of clarity may jeopardize OWASA's ability to obtain the EMC's approval to retain its allocation; and WHEREAS, this contributes to greater uncertainty in OWASA's long-range water supply and capital investment planning; and WHEREAS, any change to the Agreement requires approval by all parties to the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ORANGE WATER AND SEWER AUTHORITY: 1. That the Agreement be clarified with the addition of the following language as a new Subsection 3 to Section V1I.A (Emergency Water Transfers), and that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): 15 AGENDA December 9, 2010 Page 2 "These provisions do not apply to the treatment of and transfer of water available through OATASA's Jordan Lake water supply storage allocation for use by OWASA customers. Nothing herein shall be construed to prevent OWASA from entering into agreements as necessary to provide for water transfers to afford OWASA access to its Jordan Lake allocation. " 2. That the Board of Directors respectfully requests that this clarification be approved by the Carrboro Board of Aldermen, Chapel Hill Town Council, Hillsborough Town Board, and the Orange County Board of Commissioners. Adopted this the 9th day of December, 2010. Gordon Merklein, Chair ATTEST: ~ - Braxton Foushee, Secretary 16 Potenfial Questions About OWASA's Proposed Clarifying Language to the Water and Sewer Management, Planning and Boundary Agreement (WSMPBA) December 9, 2010 Why is it necessary to change the WSMPBA? Although we do not believe that the WSMPBA was intended to prevent or restrict access to OWASA's Jordan bake water supply storage allocation, the Agreement can be interpreted that way in its present form. We believe that a simple clarification is needed to implement OWASA's recently adopted Long- Range Water Supply Plan and to meet our future obligations to Chapel Hill, Carrboro, and the University as specified in our Sale and Purchase Agreements with those entities. The proposed clarification will help avoid future misunderstandings or disagreements that could impede the timely access to OWASA's Jordan Lake water and will provide greater certainty for our water supply planning efforts. The WSMPBA may be construed as impeding access to Jordan Lake by its broad prohibition of all crossyurisdictiona( water transfers except in times of emergency. Our Long-Range Water Supply Plan identifies Jordan Lake as an important insurance policy for times of special need, but some of the circumstances when it may be appropriate to purchase water may not qualify as "emergencies" under a strict interpretation of current language in the WSMPBA. What change is OWASA proposing? We recommend adding the following language to Sections VII.A and B., which define Emergency and Non-Emergency Water Transfers: "These provisions do not apply to the treatment and transfer of water available through OWASA's .Tordrrn Lake water supply storage allocation for use by OWASA customers. Nothing herein shall be construed to prevent OWASA from entering into agreements as necessary to provide for water transfers to afford OWASA access to its .Iordan Lake allocation. " Doesn't this simply represent another means to "promote new growth and development?" No. It is a means to accommodate, rather than promote, new growth and development already anticipated in the comprehensive plans and policies of Carrboro, Chapel Hill, and UNC. It is a means by which OWASA can best serve the needs of our current and future customers, and it is consistent with our Mission Statement regarding local growth and development: "We will manage our responsibilities in a manner consistent and compatible with the adopted growth management policies and land use plans of the Town of Carrboro, the Town of Chapel Hill, and Orange County." OWASA's core mission is to meet the water and sewer utility needs of the Carrboro/Chapel HiIUUNC community. We believe it is necessary to clarify language in the WSMPBA in order to fulfill that mission. 17 WSMPBA. Clarification -Potential Questions December 9, 2010 Page 2 With access to its Jordan Lake allocation, won't OWASA be ezpected to sell water to others? Nothing in the proposed WSMPBA clarification or in OWASA's existing agreements with Cary, Durham, and Hillsborough commits OWASA to sell water when it is not available. The Long- Range Water Supply Plan recommends that we "develop water purchase/sale agreements with neighboring utilities that will secure the permanent ability to cost-effectively purchase water under appropriate conditions of supply and demand ..: ' The Statewide Draught Preparedness and Response 1Jct (HB 2499), adopted by the NC General Assembly in 2008, already empowers the Secretary of the NC Department of Environment and Natural Resources to require water systems to transfer water to other systems if the Governor declares a water shortage emergency. How is this proposed change related to OWASA's intent to purchase water before declaring Water Shortage restrictions and imposing customer surcharges in the future? It is vital that we retain the flexibility to obtain water from neighboring jurisdictions in a manner that is operationally and financially most beneficial to our customers -whether before, after, or during the implementation of Water Shortage restrictions and rate surcharges. The Long-Range Water Supply Plan identified Jordan lake as the most economical and environmentally desirable source of supplemental water beyond our existing University Lake/Cane Creek/Quarry Reservoir system. The only currently viable access to our Jordan Lake water is through the Town of Cary and City of Durham treatment/transmission systems. A strict interpretation of current "emergency" and "non-emergency" language in the WSMPBA may constrain access to our Jordan Lake water at times when it would be most beneficial to our customers. Does OWASA still believe it. is necessary to purchase water before declaring Water Shortage restrictions and customer surcharges? Yes, but we would notify our customers and local elected boards in advance of an impending need to purchase water if reservoir and storage conditions do not improve. We continue to believe this strategy offers the mast cost-effective way to temporarily supplement our local supply during infrequent times of extended drought, equipment failure, natural or man-made disaster, or other unforeseen circumstances. It avoids substantially higher customer bills that would result from water rate surcharges in effect during a declared shortage, and it reduces the likelihood that OWASA will have to recover lost revenues (resulting from mandatory restrictions) through subsequent rate increases. This approach also lessens the hardship and inconvenience to customers who have already reduced their water use through diligent and ongoing conservation efforts. OWASA customers have reduced their water use by 25 percent since 2002. As our community becomes even mare water-efficient in the future #hrough additional conservation efforts, including the increased use of reclaimed and other non-potable water sources, customer demand will become more "hardened;" i.e., it will become more and more difficult to reduce demands during times of extended droughts or other shortage events. Nevertheless, we will continue to promote water conservation and efficiency through customer awareness and education, targeted technical assistance, and support for increased water efficiency standards in new and renovated buildings. 18 WSMPBA Clarification -Potential Questions December 9, 2010 Page 3 How will OWASA get water from Jordan Lake? For the foreseeable future, water from OWASA's Jordan Lake storage allocation will be withdrawn and treated by the Town of Cary and delivered to OWASA customers through existing pipeline interconnections with Cary and Durham. Further in the future, OWASA might obtain its Jordan Lake water through additional intake and treatment facilities that may be developed by Durham, Chatham County, and others. Will Jordan Lake be any more reliable or "drought-proo#" during drought conditions when OWASA's reservoirs are being drawn down to critical levels? Jordan Lake proved to be a robust and reliable source during the record droughts of 2001-02 and 2007-08. The NC Division of Water Resources Cape Fear Basin Hydrologic Model will provide a new assessment of Jordan Lake's water supply yield under extreme conditions of drought and demand as the model is updated as part of the current allocation process. Expanding OWASA's water supply portfolio will better prepare us to meet the community's water needs under a wide range of supply and demand scenarios, especially in an era of increasing climatic uncertainty. Why can't we "live within our own means" and not have to depend on Jordan Lake in the future? It is likely that we will need supplemental water to avoid (or reduce the frequency and duration of) mandatory Water Shortage restrictions and costly drought surcharges for our customers before the expanded Quarry Reservoir becomes available around 2035. According to the Long- Range Water Supply Plan, our existing Cane Creek/University Lake/Quarry Reservoir system will have to be at least 75% to 85% full in May to avoid Water Shortage declarations under the demand conditions projected for 2035. Because Jordan Lake is the most economical and environmentally acceptable source of supplemental water, using the allocation that OWASA has retained since 1989 is in fact "living within our means: ' Why is it necessary to change the WSMPBA now, rather than later? Modifying the WSMPBA is one of the primary recommendations of OWASA's Long-Range Water Supply Plan. We believe it is important to proceed now - in advance of the next serious water shortage. We also believe that current members of the OWASA Board, as well as current elected officials on the Carrboro, Chapel Hill, and Orange County governing boards, are all familiar with relevant details of our Long-Range Water Supply Plan, and that they have a good understanding of the basis of our request. Additionally, the Jordan Lake Partnership, in which OWASA is playing an active role, is facilitating coordinated, region-wide applications to the NC Environmental Management Commission to justify increasing or retaining the Jordan Lake water supply storage ailocations of some JLP members. Reasonable and unimpeded access will be an important consideration in OWASA's ability to retain our current allocation, which the Long- Range Water Supply Plan identifted as vital to cost-effectively meeting our community's future water needs. 19 ~~.~ ~•~,R ~RA;~~E GC3tINT'Y BOARD C7F CoMMtsSlottitEt~s ci~rR >v ~P Foue F'OST dFFIG)~ HOX $ 7 $1 .4L/CE M. CORDON 20C! SOUTH C S A ' - PAM.HEMMWGER MEROt`I . t TREE aaRRr..rACOas HILLSBC3R©UGN NQRTH CARO L tNA 27'7$ EARL 1tt9CCKEE , . . - January 26, 2011 Mark KleinscFtmidt, Mayor Town of Chapel Hilt 405 Martin Luther King Jr.. Blvd.. Chapel Hill, NC 27514 Tom Stevens, Mayor Town. of Hillsborough 137 North Ghurton Street Hillsborough, NC 27278 Mark Chilton, Mayor Town of Carrboro --- 301 West Main Street Garrbora, NC 27510 Gordan Merklein, Chair OWASA Board of Directors 400 Janes Ferry Road Carrboro, NG 27510 SUBJECT: Water and Sewer Management, Planning, and Boundary Agreement Dear Mayor Kleinschmidt, Mayor Chilton, Mayor Stevens, and Chair Merklein.: This letter is in response to OINASA's letter dated December 9, 2010 regarding proposed changes to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA). OWASA proposed amendments to the WASMPBA to clarify that the Agreement does not prevent OWASA from entering into. agreements as necessary to provide for wafer transfers to access its Jordan Lake allocation.: - The Orange County Board of Commissioners (BOCC} discussed this issue at its January 20, 2011 meeting: Orange County and Town of Hil[sborough staffs. had` suggested revisions to OWASA's amendments because the same clarifying language pertains to OrancJe County and the Town (see attachment). The BOCC directed staff to provide mare context for the proposed amendment and to confer with the staffs of the Towns prior to potential. adoption of the text amendment. As you review the amendments, please note the BOCC and Town of Hillsborough would like you to consider our inclusion within the provisions and language. Orange County Planning staff will contact your staffs to discuss the proposed amendments further at the sfafP level before bringing the item forward foc adoption consideration. If you have questions, please contact Craig Benedict, Orange County Planning Director, at (9i 9} 245-2592 or via e-mail at cbenedictCcr~co.ararige.nc.us. Sincerely, Bernadette F'elissier,: Chair Orange County Board of Commissioners cc: Frank Clifton,-Manager; Orange County Roger Stancil, Manager, Town of Chape! Hill Steven Stewart, Manager; Town of Carrbora www.co.ora»ae.nc.us Protecii»g and preserving -People,: Resources, Quality ~f Life Orange County North Carolina -You Gaunt! fsis~ 2~-2rso • F.vrts~s~ s~~-o2as 20 Eric Peterson, Manager, Town of Hillsborough Ed Kerwin, Executive Director, OWASA www.co.oranganaus Protecting and preserving -People, Resources, Quality of Life Orange Caunry, North Carolina -You Cauntt (919) 245-2130 • FAX (919) 644-0246 21 Color Cade: I~~l? =Orange County's suggested. changes to OWASA resolution (lxas not changed from agenda packetversion3; Ct~EEI~ =Town of Hillsborough's suggested additions {to be adopted on 1-24-11~; I~II~UI =Commissioner's Cordon`s suggested revisions RESOLUTION REQUESTING CLARiI'ICATION OF THE 20Q1 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG CARRBtIRO, CHAPEL HILL, HILLSBOROUGH, (.ORANGE COUNTY, AND OWASA WHEREAS, Jordan. Lake is a future water supply source for Carrboro Chapel Hill, atxcl the University of North Carolina at Chapel Hill, 1-iiilsbc~rotaglx, at~d portions of t3range Ctuxxty; and- WHEREAS, OWASA,-with the support of Carrboro, Chapel Hill, and Urange County, applied for and received a Jordan. Lake water supply storage allocation from the North Carolina Environmental Management Commission (EMC)- in 1988, for which OWASA has since paid more than $200,000; and. '1'VHI?.REAS, 4Jrange County has a nlillic~n gallon per d~iy allocation from th.e ,Tordan Lake water supply vahich: the County intends to draw ti-om in thc, futt3re; anti ~g~EREAS, flillsbororigh intends to re.c;crest <x ~nilli,r~ `;allc}n ~~er S.iay allzxr.~ttion front the Jordan. I;akc: era#erupply far ftature c.rtxergcf~cy ~~-a~~:~• ~;r~l~pla% tlt~u pct~~~t,~:l ~;r•~-~~vtlx; atxd WHEREAS, Jordan Lake's importance as a future supply source .was confirmed in C3WASA's 2001 Comprehensive Watet- and Sewer Master Plan and re-affirmed in its 2010 .Long-Range. Water Supply Plan, which stated that "It is essential that OW.A:SA retain. and acquire access to its [3ordan Lake] allocation"; and WHEREAS, (JWASA, I-lilislx~mu~;l,, and Urange County are i~ playing an active role in the Jordan Lake.. Partnership, which is facilitating coordinated applications to the EMC by Triangle Area utilities who must justify their need for increasing or retaining their Jordan Lake water supply storage allocations; and WHEREAS, unimpeded access to, OvVA5A's, l~l.illsborougl?'s, and L'7ratxge County's allocations: will be an important consideration in obtaining the EMC's approval to retain or secure ~ those allocations; and WHEREAS, the 'Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and flWAS.A adopted a Water and Sewer Management, Planning and Boundary Agreement (the Agreement} in 2001; and WHEREAS, language. in the Agreement is unclear about QWASA's, I-lillsborough's, and {)i°angc County's ability to access i~ their tespcctive Jordan .Lake water supply storage allocations for use by OWASA,1`Ii.llsborough, and Orange County customers; and WHEREAS, this lack. of clarity may jeopardize OWASA's, .Hillsborou.glt's, and Orange County's ability to obtain the EMC's approval to retain or secure t3xcir allocations;: and 22 WHEREAS, this contributes tct greater uncertainty in O~ASA's, l~illrs,o~vtsgl~'s, az~.d t).~~angu CouP~ty's Zang-range water supply and capital. investment planning; and WHEREAS, any change to the Agreement. requires approval by all parties tQ the Agreement. NOW, THEREFORE, BE IT RESOLVED BY Tt-I- E ~~.: f+--l~R~~''"5-~-~ ~~r~F~~C~E...--~'~-T-E ~ ~'sE~E----~4~~~~~~ t~~2F~f~lf:~+. ~~~Jr~dTY Ti3f~r:~~I3 ~+ C:.O:~IiI4~Isfb~SSYt~l~1RS: 1. That the Agreement be clarified with the .addition. of the following language as a new Suhseetian 3 to Section VII.A {Emergency Water Transfers), and. that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "~eTl~e provisions iiz dais ~nf~sectir~rl do not apply to the treatment. of and trans, fer of water available through OWASA's `r . %Isz ~~t c ; f,;'1 '.~, czrrcl t~rang>e ~'vctnty's Jordan Dike water supply storage allocations for use liy OWASA, I3illshoroua ~~, and Urange ~'otu2ty cusivmers. Nofhfng hereitx shall be construed try prevent OWASA, I~~illsl~oro~t,~rl7, yr Orange Craurrr~J frorn entering into agreements as necessary tv~ provide ,forwater transfers to afford Di~hASA, hr~il(sb~rcu~~,i~, crn:cd Orange C;pt€trty access to tlrezr r~s~ecti ve Jordan Lake allocation." 2.. That the Board of festers ~Caunty Cr~ziimissi~ne+-s respectfully requests that. this clarification be approved. by the Carrboro Board of Aldermen, Chapel.Hill Tawn Council, Hillsborough Town Board, and the r,.-":~~~~ OWASA Board .~~ ~'^~,. . Adopted this the ~3~` 2~`'' day of ~~r1~e~=~~-f-(3 .~atauary, ?Ql 1. t3en~adette Pelisses, Chair ATTEST: Donna Balser, Cvualty Clerk 23 January 25, 2011 Mark Kleinschmidt, Mayor Town of Chapel Hill 405 Martin Luther King Jr. Blvd. Chapel Hifl, NC 27514 Bernadette Pelissier, Chair Orange County Board of Commissioners PO Box 8181 Hillsborough, NC 27278 Mark Chilton, Mayor Town of Carrbaro 301 West Main Street Carrboro, NC 27510 Gordan Merklein, Chair OWASA Board of Directors 400 Jones Ferry Road Carrboro, NC 27510 SUBJECT: Town of Hillsborough's Amendments to OWASA'S December 9, 2010 Request to Clarify Certain Language in the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) Dear Mayor Kleinschmidt, Mayor Chilton, Chair Pelissier, and Chair Merklein: This letter is in response to OWASA's letter dated December 9, 2010 regarding proposed changes to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA). OWASA proposed amendments to the WASMPBA to clarify that the Agreement does not prevent OWASA from entering into agreements as necessary to provide far water transfers to access its Jordan Lake allocation. Orange County recently requested a similar modification to ensure its ability to access its Jordan Lake allocation. Hillsborough is planning to request a Jordan Lake water allocation during the upcoming cycle. Hillsborough previously had a 5.5 MGD allocation, but allowed it to lapse in the tote 1990's while we planned and constructed the West Fork Eno Reservoir. However, it appears that in future years Hillsborough may need a smaA amount of water from Jordan Lake, and anticipates requesting a 1 MGD allocation. Because any change to the WASMPBA requires the approval of all signatory parties, the County respectfully requests that each of your governing bodies adopt a Resolution supporting the clarifying language. 101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 Fax 919-644-23900 24 if you have further questions or comments about Hillsborough's proposed changes to OWASA's & Orange County's Resofu#ions, please contact Kenny Kee(, Hillsborough's Engineer/Utilities Director, at (919) 732-1270 ext 75 or via a-mail at kenny.keelta7hiilsboroughnc.orq. Town staff is also available to attend one of your upcoming meetings should you desire a presentation on th"ss topic. $InCerely, ~_ ~ l Tom Stevens, Mayor Town of Hillsborough cc: Frank Clifton, Manager, Orange County Roger Stanch, Manager, Town of Chapel Hi1i Steven Stewart, Manager, Town of Carrboro Ed Kerwin, Executive Director, OWASA Eric Peterson, Manager, Town of Hillsborough IOI East Orange Street • P. O. Box 429 • ~Ilsborough, North Carolina 27278 919-732-1270 Fax 919-644-23900 25 Resolution #20110124-11.D Attachment 1 RESOLUTIOl~T REQUESTING CLA ' +ICATION OF THE 2001 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG CARRBORO, CHAPEL HILL, HILLSBOROUGH, ORANGE COUNTY, AND OWASA WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, ~ the University of North Carolina at Chapel Hill, Hillsborough, and portions of Orange County; and WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County, applied for and received a Jordan Lake water supply storage allocation from the North Carolina Environmental Management Commission (EMC) in 1988, for which OWASA has since paid more than $200,000; and WHEREAS, Orange County has a million gallon per day allocation from the Jordan Lake water supply which the County intends to draw from in the future; and WHEREAS, Hillsborough intends to request a million gallon per day allocation from the Jordan Lake water supply for future emergency water supply and potential growth; and WHEREAS, Jordan Lake's importance as a future supply source was confirmed in OWASA's 2001 Comprehensive Water aad Sewer Master Plan and re-affirmed in its 2010 Long-Range Water Supply Plan, which stated that "It is essential that OWASA retain and acquire access to its [Jordan Lake] allocation"; and WHEREAS, OWASA, Hillsborough, and Orange County are ~ playing an active role in the Jordan Lake Partnership, which is facilitating coordinated applications to the EMC by Triangle Area utilities who must justify their need for increasing or reta'n~ their Jordan Lake water supply storage allocations; and WHEREAS, unimpeded access to OWASA's, Hillsborough's, and Orange County's allocations will be an important consideration in obtaining the EMC's approval to retain or secure those allocations; and WHEREAS, the Towns of Cancboro, Chapel Hill, and Hillsborough, Orange County, and OWASA adapted a Water and Sewer Management, Planning and Boundary Agreement (the Agreement} in 2001; and WHEREAS, language in. the Agreement is unclear about OWASA's, Hillsborough's, and Orange County's ability to access their respective Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, and Orange County customers; and WHEREAS, this lack of clarity may jeopardize OWASA's, Hillsborough's, and Orange County's ability to obtain the EMC's approval to retain or secure ~ their allocations; and 26 WHEREAS, this contributes to greater uncertainty in OWASA's, Hillsborough's, and Orange County's long-range water supply and capital investment planning; and WHEREAS, any change to the Agreement requires approval by all parties to the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS: 1. That the Agreement be clarified with the addition of the following language as a new Subsection 3 to Section VII.A (Emergency Water Transfers}, and that said language also be added to the existing text of Section VII.B (Non-Emergency Water Transfers): "These provisions do not apply to the treatment of and transfer of water available through Oi3'ASA's, Hillsborough's, and Orange County's Jordan Cake water supply storage allocations for use by OWASA, Hillsborough, and Orange County customers Nothing herein shall be construed to prevent OWASA, Kllsborough, or Orange County ,from entering into agreements as necessary to provide for water transfers to afford OWASA, Hillsborough,- and Orange County access to their respective Jordan Lake allocation " 2. That the Hillsborough Town Board respectfully requests that this clarification be approved by the Carrboxo Board of Aldermen, Chapel Kill Town Council, Hillsborough Town Board, the Orange County Board of Commissioners and the OWASA Board.. ,,,A~4R#g~,;his the 24a` day of January, 2011. .~'~ pF HIZLS~o ,;,, . ~ s' o o o: ~ _ills gB s =~°FEST: ~.4. _ ,.Q` _ti` ~ Cad Tom Stevens, yor, Town of Hillsborough Gonna. F. Armbrister, MMC Town Clerk Proposed Amendments are shown in bold italic text Attachment 5 27 Amended October 5, 2010 (Appendix A Map; Add Appendix F map; Text changes to Section IV, subsection B and Section III) WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT This AGREEMENT, made and entered into this _3rd_day of _December, 2001_ by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBOROUGH, municipal corporations duly created and existing under the laws of North Carolina; and the ORANGE WATER AND SEWER AUTHORITY, a public water and sewer authority duly created and existing under Chapter 162A, Article 1 of the North Carolina General Statutes. WITNESSETH: In consideration of mutual benefits regarding the defmition of water and sewer service boundaries and the management and planning thereof, the parties to this agreement hereby mutually agree as follows: I. PREAMBLE A. Charge to the Water and Sewer Boundary Task Force Since the mid-1980's, several attempts to define water and sewer service boundaries for Orange County and the municipalities of Chapel Hill, Carrboro and Hillsborough have been undertaken. In 1994, a Task Force was formed consisting of elected officials from Carrboro, Chapel Hill, Hillsborough and Orange County, as well as two members of the Orange Water and Sewer Authority Board of Directors. The charge to the Water and Sewer Service Boundary Task Force is attached as Appendix B. B. Purpose of Water and Sewer Boundary Agreement 1. To provide a comprehensive, County-wide system of service areas for future utility development and interest areas for dealing with private water and wastewater system problems in areas without public water and sewer service. 1 28 2. To complement growth management objectives, land use plans and annexation plans in existing agreements, such as the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Joint Planning Area Land Use Plan 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. 4. To provide for predictable long-range water and sewer capital improvement planning and fmancing. 5. To provide for limitations on water and sewer service in certain areas, as defined. II. HOW THE AGREEMENT WORKS A. Effective Date of the Agreement This agreement shall become effective upon execution by all of the parties and signature by the chief elected or appointed official. B. Term of Agreement This agreement shall remain in effect for ten (10) years from its execution, and shall be renewable as provided in the following subsection. C. Procedure for renewal At the end of each ten year term, the agreement shall renew automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. D. Procedure for proposing and acting on changes in agreement including boundaries 1. Any change to the agreement (including boundaries) requires approval of all parties to the agreement. 2. The addition of other parties to this agreement shall be by consent of the current parties. 2 29 E. Procedure for withdrawal from/decision not to renew the agreement 1. A party may not withdraw from the agreement, until it holds a public hearing on the proposed withdrawal followed by written notice to the other parties within 30 days of the public hearing. The withdrawal shall be effective one (I) year following receipt by the other parties of the written notice. 2. If a party to the agreement withdraws as provided above, the agreement remains in effect as to the other parties until all but one party withdraws in the manner provided for the in this agreement. F. Accountability of Future Parties Future utility providers that wish to become parties of this agreement must be fmancially and technically capable of providing water/sewer service to address public health emergencies or other identified public facility needs, as defined by the parties of the boundary agreement. The provider must have adequate system capacity, technical capability and financial assets to address system problems within its interest area without compromising service to current customers. G. Courtesy Review of Development Proposals Within Service and Interest Areas The water and sewer providers that are parties to this agreement will be provided courtesy review and the right to provide written input into utility design and the provision of easements for all new major subdivisions and other residential and nonresidential site plan approvals within their service area and interest area. The party to this agreement with development plan review authority shall retain approval authority for all development proposals within its planning jurisdiction. H. Linkage with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and other future agreements This agreement shall be made part of the Orange County-Chapel Hill- Carrboro Joint Planning Agreement, by reference, and to any future cooperative planning agreements that may be entered into among some or all of the parties. Termination of the Joint Planning Agreement or any other cooperative planning agreement does not terminate this agreement. Termination of this agreement can only be accomplished as provided in 3 30 this agreement. Similarly, the withdrawal of a party from the Joint Planning Agreement or from any other cooperative planning agreement does not constitute withdrawal from this agreement. Withdrawal from this agreement can only be accomplished as provided in this agreement. III. DEFINITIONS Primary Service Area: An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) where water and/or sewer service is now provided, or might reasonably be provided in the future, according to adopted plans and future amendments to adopted plans (hereinafter referred to as "service area")2. 2 As per the map in Appendix A. the Town of Hillsborough Long-Term Interest Area and Primary Service Agreement are combined and for purposes of this agreement is irs Primary Service Area OWASA Long-Term Interest Area: An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, OWASA will be the responsible utility service provider. Long-Term Interest Areas are not service areas, and do not include areas outside of Orange County. OWASA's Long-Term Interest Area is hereinafter referred to as OWASA's "interest area." Orange County Long-Term Interest Area: The areas of Orange County planning jurisdiction (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) not part of a Primary Service Area or another Long-Term Interest Area within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, Orange County will be responsible for coordinating the provision of utility service. Long-Term Interest Areas are not service areas, and do not include areas outside of Orange County. Orange County's Long-Term Interest Area is hereinafter referred to as Orange County's "interest area." Hillsborough Long-Term Interest Area: An area (as shown on the Water Added 10-5-2010 and Sewer Service Boundary Map, which is Appendix A) within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, the Town of Hillsborough will be the responsible utility service provider. Long Term Interest Areas are not service areas, and do not include areas outside of Orange County. Hillsborough's Long-Term Interest Area is hereinafter referred to as Hillsborough's "interest area." 4 31 Essential Public Facility: Apublicly-owned facility, or a facility wholly financed by Federal, State or local government (or a combination thereof] that provides a service for the health, safety and general welfare of County residents (for example, a school, fire station, public safety substation or solid waste convenience center). Adverse Public Health Condition: An Adverse Public Health Condition exists in the case of a wastewater system(s). when it is (1) failing, (2) documented to be failing by the Orange County Health Department, and (3) no on-site repair is approvable or recommended by the Orange County Health Deparhnent; or, in the case of a well water supply system, it meets all of the following criteria: • the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; • the well water supply system is not reparable to the point where the contamination can be eliminated; • the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; . • there is no alternate location on-site for a new well water supply system which can be permitted under Orange County Health Deparhnent regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. A description of these terms and their application is provided in Section VI of this Agreement. Public Water or Public Sewer Service: The provision of water and/or sewer service by a party to this agreement. This definition does not include consulting services and/or technical assistance services. Emergency Water Transfer: Any short-term transfer of raw water supply or finished drinking water supply from one service provider to assist another service provider in meeting water needs during: a) unanticipated disruptions or emergencies relating to raw or finished water supply. Such disruptions or emergencies may result from events including, but not limited to: (i) human error; ii) equipment or .power failure; iii) supply contamination; iv) major fires, floods, droughts or other disasters; and v) operations or facility maintenance activities, or 5 32 b) periods when temporary, short-term disruption of water supply or fmished water service may occur as a result of planned or unplanned maintenance of major water supply, pumping, transmission, treatment, or storage facilities. Non-Emergency Water Transfer: Any transfer from one water service provider to another water service provider of raw water supply or fmished drinking water supply which is not an emergency water transfer. Wastewater Transfer: Any transfer from one wastewater service provider to another wastewater service provider. Water and/or Sewer Provider: A municipal corporation, county, private non- profit water system, or public water and sewer authority under the N.C. General Statutes that provides water and/or sewer service to the public. IV. BOUNDARIES A. Service Areas and Interest Area Boundaries The service area and interest area boundaries are as shown in Appendix A. B. Adherence to Boundaries 1. The boundaries on the map (Appendix A) define the areas in which the parties may provide water and sewer service, and no party to this agreement shall extend service beyond the designated boundaries, except as provided in this agreement. In no case shall service be extended beyond the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill or Carrboro, and OWASA. 2. OWASA presently provides water and sewer service outside of the OWASA Service Area shown on Appendix A as follows: Location Heritage Hills Subdivision service provided water and sewer 6 33 Rangewood Subdivision water and sewer Piney Mountain Subdivision sewer only OWASA may continue to provide water and sewer service and may extend water and sewer service within these subdivisions provided it does so consistent with OWASA policies and interlocal agreements related to these services that exist on the effective date of this agreement. Any change to those policies and interlocal agreements after the effective date of this agreement can only be accomplished by an amendment to this agreement. Added 10-5-2010 3. The Town of Hillsborough presently provides water service outside of the proposed Hillsborough Primary Service Area shown in Appendix A as follows (see Map in Appendix F for precise locations): 1. Along NC 86S to slightly south of New Hope Church Road 2. Joppa Oaks, Byrdsville, Wyndfall, and Strayhorn Hills neighborhoods 3. Wayside Baptist Church area 4. Lands across Strouds Creek Rd from Mars Hill Baptist Church and Pathways Elementary School 5. Portions of the Watkins Rd, former Mill Run subdivision and Perry farm 6. Along Orange Grove Road southwest of Interstate 40 and along New Grady Brown School Road to Dimmocks Mill Road and along Old Grady Brown School Road The Town of Hillsborough may continue to provide water service to these areas but may not extend water service in these areas or outside of the Primary Service Area. V. PROCEDURES FOR PROVIDING SERVICE A. Policy Issues Planning and growth management issues are influenced by the location of water and sewer. This agreement is not intended to supersede other land use agreements made by the local governments. B. Procedures for the provision of service within the Service Areas and Interest Areas 1. When water and sewer service provision is required to address an adverse public health condition, or to provide service to an 7 34 essential public facility, the designated provider for the service area or interest area shall have the right of first refusal to provide such service. 2. Within the service areas and interest areas, the water and sewer provider will agree to provide service, as defined in this agreement, as system capacity, financial resources, and other reasonable utility considerations allow, and as provided in this agreement. C. Policy of "first-refusal" 1. The designated water and sewer provider within a service area or interest area has first right to provide service if an adverse public health condition or essential public facility service need is established, and public water or public sewer service is determined to be required to address the adverse public health condition. 2. If the designated water and sewer provider declines to provide service, it must notify the other parties to the agreement with a statement of rationale. 3. The designated water and sewer provider may contract with another service provider to address the situation, in the manner prescribed in Section VI of this agreement, upon consultation with other jurisdictions. 4. If no other water and sewer provider is available, Orange County retains the right to address the adverse public health condition or essential public facility need in the manner prescribed in Section VI of this agreement. VI. LIMITATIONS ON SERVICE A. Prohibitions and Limitations on Extension Into Interest Areas The development of land within interest areas is not projected to occur at urban densities, and therefore, public water and sewer service shall be prohibited in these areas, except as provided in this agreement {Section VI.B, VI.C, VI.D, VI.F, VIIA, VII.B, VII.C}3. Individual onsite and smalUcommunity-scale alternative water supply and wastewater 8 35 treatment systems not physically connected to central systems will be the primary methods of meeting the water and sewer service needs of existing and future development. 3. ibid B. Adverse Pu61ic Health Conditions An exception to the prohibition of public water and sewer service in interest areas may be made to allow the extension of lines in the event the Orange County Health Department documents an "adverse public health condition." An adverse public health condition exists where: 1. In the case of existing wastewater system(s), it meets all of the following criteria: • the wastewater system is failing; • the wastewater system is documented to be failing by the Orange County Health Department; • there is no on-site repair approvable or recommended by the Orange County Health Department. The following terms used in the criteria above mean: Failing Wastewater System: A wastewater system is failing when sewage •or effluent is seeping or discharging to the ground surface or to surface waters. A permitted, properly-functioning non-discharge wastewater system (e.g., aspray-irrigation system) and a permitted, properly-functioning discharge system are not failing wastewater systems. Approvable On-Site Repair: An approvable on-site wastewater system repair that can be completed in a designated repair area which is approvable under Orange County Health Department regulatory soiUsite criteria in effect at the time of the needed repair. Recommended On-Site Repair: A recommended on-site repair is one that is not an approvable on-site repair, but is one that in the best professional judgment of the Orange County Health Department will reasonably enable the system to function properly. A recommended on- site repair may incorporate engineered design (a design certified by an engineer to overcome all soiUsite limitations in the particular situation), 9 36 site or system modification, flow reduction or other measures calculated to improve functionality of the system. 2. In the case of an existing well water supply system(s), it meets all of the following criteria: • the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; • the well water supply system is not reparable to the point where the contamination can be eliminated; • the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; • there is no alternate location on-site for a new well water supply system which can be permitted under Orange County Health Department regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. The following terms used in the criteria above mean: Well: A well is any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing, developing, draining or recharging any ground water reserves or aquifer, or that may control, divert, or otherwise control the movement of water from or into any aquifer. Well Water Supply System: A well water supply system is any well that is intended for use or is usable as a source of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment devices. The Orange County Health Department shall make the determination as to whether an adverse public health condition exists, and shall make a recommendation on the appropriate remedy to the governmental entity(ies) in the appropriate interest area. 10 37 The final decision to use any particular means or tool for rectifying any particular adverse public health condition remains, through zoning regulations or other land use ordinances, with the governmental entity or entities having zoning or planning jurisdiction over the area where the adverse public health condition exists. In the .Orange County-Chapel Hill-Carrboro Joint Planning Area, the Joint Development Review Areas shall be used to determine which of the JPA parties shall jointly decide on the appropriate means or tool for rectifying an adverse public health condition. Public water or public sewer .lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except as provided in Section VI.D. C. Sizing of Lines Extended Into Interest Areas The extension of public water or public sewer lines into an interest area shall be sized so as to comply with State technical and engineering regulations and only to serve the intended use, as defined in this agreement. However, in the case of a public water line extension, provisions shall be made to address adequate line sizing for pressure and volume considerations. D. Controlling Access to Lines In Interest Areas Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. E. Siting of Essential Public Facilities Within Interest Areas The location of some essential public facilities, particularly schools, requires special consideration for access to public water and sewer lines. Where possible, schools shall be sited in a manner that promotes the efficient use of existing water and sewer service. Preferably, a set of criteria .governing such situations would be developed based on consultations between the appropriate school boards and the elected officials of affected jurisdictions, and applied as necessary. Publicly- owned facilities other than a public school shall be located in a manner that promotes the. orderly provision of water and sewer service. The preferred method of connection is to lines that already exist, or in a manner that would minimize the need to extend existing lines. 11 38 F. Water and Sewer Service Into/Out of Orange County Water and sewer service of any of the service providers that are parties to this agreement shall not be extended outside of the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill or Carrboro, and OWASA. This approval is not required when water and sewer service is required as a condition of annexation by the towns of Chapel Hill or Carrboro. VII. WATER TRANSFERS AND WASTEWATER TRANSFERS A. Emergency Water Transfers (This subsection shall not apply to any system operated by a municipality) Emergency water transfers are transfers that: 1. Are made for short-term duration. For the purpose of this Agreement, short-term duration shall be reviewed at 30 days, 60 days and 90 days, with subsequent 90-day intervals up to one year, as per the following process: a. After 30 days duration, a memo from the chief administrative officials of the service providers will be sent to the managers of the jurisdictions that are parties to this Agreement. The memo shall document the emergency, steps being taken to address the situation, and notify the managers of the potential for a longer period of the emergency water transfer. b. At 60 days, the service provider sending the water shall notify it~ elected board (or, in the case of OWASA, the member government elected boards) on the status of the emergency and provide opportunity for the boards to review and comment on the situation. The receiving provider shall provide similar information. c. Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning jurisdiction on 12 39 either side of the boundary in which the service is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If continuation of the transfer is approved, it may continue for an additional 90-day period. Approval shall be required for each subsequent 90- day period, with a maximum emergency water transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection constitutes approval for the subsequent 90-day period. d. At the 30-day point, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended emergency transfer without adversely affecting the quality and quantity of water supply and services to customers within its service area, and without adversely affecting environmental quality within its service area; AND 2. Are not intended to provide raw or finished water supply necessary to support new growth and development within the service area of the service provider receiving the transfer. Neither party shall, in planning for future growth and associated increases in water supply needs, rely upon water from the other party supplied under this agreement to serve such growth. a. A service provider experiencing a water emergency and receiving emergency water transfers must agree to act expeditiously and adequately to mitigate and remove the causes of the emergency conditions. 3. The provisions in this subsection do not apply to the treatment of and transfer of water available through OWASA's, Hillsborough's, or Orange County's Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, or Orange County customers. Nothing herein shall be construed to prevent OWASA, Hillsborough, or Orange County from entering into agreements as necessary to provide for water transfers to afford OWASA, Hillsborough, or Orange County access to their respective Jordan Lake allocation. B. Non-Emergency Water Transfers (This subsection shall not apply to the Town of Hillsborough until January 1, 2005.) 13 40 Non-emergency water transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing and/or receiving the transfer. If OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected boards of Carrboro, Chapel Hill and Orange County. The provisions in this subsection do not apply to the treatment of and transfer of water available through OWASA's, Hillsborough's, or Orange County's .Jordan Lake water supply storage allocations for use by OWASA, Hillsborough, or Orange County customers. Nothing herein shall be construed to prevent OWASA, Hillsborough, or Orange County from entering into agreements as necessary to provide for water transfers to afford OWASA, Hillsborough, or Orange County access to their respective Jordan Lake allocation. C. Wastewater Transfers Wastewater transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the transfer. If OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected boards of Carrboro, Chapel Hill and Orange County. VIII. LINKAGE TO OTHER AGREEMENTS Linkages to Other Agreements There are a number of existing agreements among the parties to this agreement that are relevant to the management and planning of public water and sewer service. In addition, this agreement and those listed below should all be read together. Where inconsistencies exist, this agreement shall. control, except as otherwise provided by law. Included among these relevant agreements with linkages are: • Hillsborough-Durham Service Area Agreement • OWASA-Durham Service Agreement • Eno River Capacity Use Agreement • Hillsborough/Orange-Alamance Water Systems Agreement • OWASA-Hillsborough Service Agreement 14 41 • OWASA-Hillsborough Bulk Water Transfer Agreement • Chapel Hill-Durham Annexation Agreement • Mutual Aid Agreement • Jordan Lake Allocations from NC DEHNR • OWASA Agreements of Purchase and Sale between 1) OWASA and Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC • OWASA Agreement and Policy related to extensions of water and sewer into University Lake Watershed (applicable to water and sewer service to Rangewood Subdivision and Heritage Hills Subdivision) • OWASA-Orange County Agreements related to Piney Mountain Subdivision sewer service IX. APPENDICES Amended 10-5-2010 A. Water and Sewer Service Boundaries Map B. Charge to the Water and Sewer Boundary Task Force C. Toolbox of Remedies for Adverse Public Health Conditions D. Joint Planning Area Boundary Map E. Comprehensive -Plan Land Use Maps for all Orange County local governments, and of Chatham County Added 10-5-2010 F. Town of Hillsborough Existing Water Service Outside of Primary Service Area 15 42 ti~ - --~;.] r~ ~{~ Chi t.~' ~.. e~~ ~~~tt~ FS~?ar1 ~iFi~~~~'ntn~ir,~~i~sYr~ s ter.. ± + _ ~.~i i F ~ c Sk~y11iF6tldd~, ~t''~ . €-. ~ f }'ki~-- ~.r.._ ,R t~~~~v11 ~;. ~~i*~'~i~-~~:~~~iE7{'J~i1luE~~l _ ~Fi` k x y ~,~ ~.a ~ ., ~ ~ _ '4 F' '~ r _ ~~, f ~~= `, 4 ~r ~ I'' ~~ ~ 1 ! ('t_ ~ b ~~`a~ car, 'f`~~~n ~}.f ~~a.~rr~ ~~- C`~rnrn.isvi ~t~~:~~ °4 ~ ~_._ ~-`'a si ~i~~~~~, T~~~n caf Hi[l~h~ra~u~h ~ ~__ ~~ 16 .~,~.~ `I'CI r~ ~E~~EI~`T ~I~T~ ~~: I~~ TH fi - ~.'~' '~~ F Appendix A Water and Sewer Management Planning and Boundary Agreement N ees„ ee ec ~B~w u sx ~`ri Gce tes rough Long-Term Service Area sough Primary Service Area 4 Long-Term Interest Area County Primary Service Area 4 Primary Service Area County Long-Term Interest Area suffer Boundary 1 2 3 4 Miles 1 inch = 3 miles claming and Inspections Department -Term Service Areq Miriam Cafemsi, fOr5ry0 'rimsy Servim Area Miriam Cobmaq 10/5'10 ..r,,.~a..,.,y.,.,~,y., ~.,msy Service Area. Miriam Coleman, 1027/08 UpdMed Sheets, Midam Coleman, 2002 Revised Map to shav retrerted Chapel Hi8 Urban Service Bounds}; Came Wh6eFe®, 11lIGDf Original Map Prepared by Beth McFaAarM, OL17/g7 Appendix B xESC~LUT.rON APPROVING A PRQPOSED coMPOEST2oN of ANI} CHARGE To A COMMITTEE , TO PRt3P4SE UTILITY S£RV'TCE AREA BOtTN1~ARIES, AND APPOINTING TWO C4Ui~TCIL MEMBERS TO SERVE ON TFIE COMMITTEE {94-~-11fR-5} E3E iT R.ESOLVE~} that the Council of the Town of Chapel Hill approves the fv].lowng composition of and. charge to a cammzttee to proposed utility service area boundaries, Purposes" of corrsideri:rrg water and sewer service area boundaries: To enable local governments and utilities to make Long-term glans with known rather than continuously changing boundaries. Tot eliminate or minim~ixe the potential for +conflicts regarding utility service areas and future annexation areas., To complement the existing framework. of land. use plans under the Joint. Planning and Cooperative Planning agreements. Composition: Two representatives from each of the following entities: orange County Board of Commissioners. Hillsborough Board of Commissioners Carrboro Board. of A:Ldermen Chapel. Hill Town. Council Orange Water and Sewer Authority Board of Directors Charge 1: Ta make a report and recommendations by october, 1994 to the orange, County- Board. of Commissioners, Hillsborough Board of Commss~.oners, Carrboro Board of Aldermen, Chapel Hill Town Council and orange Water and Sewer Authority Beard of Directors regarding long-term water and sewer service area boundaries in orange County. Charge ~ : To develop a proposal for hater and s+e+wer service areas which is based on broad policy considerati©ns of the elected boards, including those policies in intergovernmental planning agreements. change 3:, The Committee's report to be submitted in october, 1994 shall. be considered a proposed basic framework. as a starting point for developing an agreement{s}. This report shall not include a discussion of oversight of community or alternative wastewater systems or of the timing of public water or surer extensions within long-term service area boundaries. Charge 4: Zf the boards represented on the Committee agree in Principle an a proposal for long-test service area boundaries, the Committee shall draft a proposed agreement(s) far ccnsderation kry the local government and. utility boards. This agreement may provide 44 45~ that matters involving extension of public water and sewer in the Rural Buffer are to be separately discussed. ,charge 5: If the beards agree in principle on a proposed agreement, the Committee shall seek tQ meet with representatives of additional jurisdictions and utilities- which may need to be included in agr~ement(s}. The additional entities would include but not necessarily be limited ttz the orange AlamanCe Mater System, Ci.tlr of Durham, Mebane,. Graham, etc. A proposed agreement-with these additional entities would be submitted for consideration by all parties . Footnotesr The Committee, and each of the boards involved in the process above, would hold public hearing{s) at such times as each detenaines appropriate. The Committee would be a public body with open meetings in accord with State law. BE IT FURTHER R;ESOLVEI} that the• Council appoints .and . to represent the Council can the eo~uaittee. This the Ilth day o~ April, 2994. - ' Appendix C caw o~tc~s COLFA~IAN, GL~DHILI, & ~[ARGRAVE h pR[CENAL ~RA~'itCYli t2$ E. TRH S7AEET Y. d. isAAWiR ii24 I1tI.58oItC?t~'Qti.I~ATfi GAA,OR.II+UI IT2'!a 4IS--13l=~i46 xrx ~e.:sz.~r March ~ , 19 4 8 Mr. Dave Stanch Orange County Planning Department Post Office Hox 6181 Hillsborough, North. Carolina 27278 HioAt THE L1ESK OF A8 a Water and Sawe~c HovsSdary AQreeinent - Adveras Public Health Condition Dear Dave: Enclosed 'are the following; ~.. ~•replacement fbr VI,A« of the draft Agreement which replacement contains the expanded definitions related to adverse. publa.c health conditioner both failing septic system and contaminated well water systems. 2. A three page document which includes a matrix of °solutians for afailing septic system adverse public health condition and a contaminated well adverse public health condition that I have put. together after several meetings with Paul ~`hames and. Ron Holdway. - . Using the format that you used in presenting this With the agenda materials for the March 3 Task Force Comrni.ttee meeting, everything except the first paragraph in the first enclosure would be in bold and italicized. Some of this, principally a few definitions in the well water area, is new. Some of it is not but for some reason did not get incorporated into the draft csf the agreement that was provided with the agenda for the meeting. .Also, the very last paragraph has been expanded to include the notion that the use of an extension of a public water or public sewer line to correct an adverse public health conditions is limited. During. the Board. of County Commissioners axed OWASA meeting I gave you some editing suggestions far the emergency orate= transfers section. A copy of the document with the various suggestions and thoughts is enclosed. The bald italicized sentence that concludes subsection A.l,c, should be e3iminated £rom the section an emergency water transfers. `hat sentence deals with non emergency water transfers and should be in the 46 47 Mr. Dave Stanch page 2 March 2, 1998 section of the agreement related to non ez~ergency water transfers. As you can see from ~Y marginal notes about the non emergency water transfers section, I think it needs more work. Please fax. as much of this as you think would be helpful to those expected to attend the Committee meeting. At a minimum, please send the revised language far section V'I.A. of the Agreement. As you know, I will not be able to attend the. March 3, 199$ Committee meeting.. I understand that Paul and Ran will attend and should be able to help with any questions on the adverse public health condition issue. Very truly yours, COLEMA~7, GLEDHILL & HARGRAVE, P.~. '. ' (~~~r""e4r E . G~1 edhi l l GEGllsg ~ ~ / - Enclosures ,,_,,,,/ . xc_ Ron Holdway Paul Thames,. 1sg-12 stancil,ltr 48 M~,tr~.x of Solutic~,n~ The categories of Interest Area .applicable to each Interest Area defined in the Water and Sewer Boundary Agreement and the °tool bag° of remedies available to respond to an adverse public health condition'are as follows: °49 FAILING EXISTING WASTEWATER'SYSTEM Interest Area ,~ateaories Remedies 1. Transition: *1. Offsite repair - individual 2. University Lake (CA and *2. Offsite repair - PW and Carrboro ETJ} community {WTMP program} 3, Cane Creek (CA and PW} and *3.- C?ffsite repair - Upper Ena (CA) Community, t)WASA agerated ~. All other protected water- {WTMP program) .shed areas *4. public sewer 5. Rural Buffer {not within a *S, State permitted system protected watershed} • 6.• nothing and degrees of 6. AR/R]. nothing . • 7. inuninent health hazard declaration- , 8. premises vacating . *9. pump and haul *Regulatory.appravable repairs r~r actions Matching the remedies to the Interest Area categories in a-way that seems consistent with. the discussion of the caz~nittee f€~llaws: 1. Offsite repair - individual; all categories of Interest Areas< < 2. Offsite repair - cozcununity: Transition, AR/Rl, 3. Offste repair - coiranunity QWASA operated: all categories of Interest Areas; 4. public sewer: Transition, Rural Buffer {not in protected watershed), all other protected watersheds, AR/R1 ,• 5. State permitted system: all categories of Interest Areasp 6. Nothing and. degrees of nothing: all categories of Interest Areas;. ~. Imminent health hazard: declaration: all categories of Interest. Areas, 8. premises vacating: all categories of Interest Areas. 50 CQNTAMIt~ATED WELL WATER SYSTEM Interest Area f Catetrores ~ Remed~.es 1. Transition *1. Offsite repair - individual 2. ilniversity Labe tCA and F'V~i *~. ©ffsite repair - and Carrboro ETJ} community (locally permitted) 3. Cane Creek (CA and pW} and *3. [tffsite repair - community Upper Eno tCA~ other than municipal and All other protected water- _ water-and sewer authority shed areas (State permitted 5. Rural Buffer {not within a ~4. public water -municipal, protected watershed} ©WASA and grange-Alamance 6. AR/R1 Water System, Inc. .` 5, nothing and degrees of nothing fi . imcn.rzent health hazard declaration . 7, premises vacating 8. water buffaloesfbottled watez *Re gulatory.approvable repairs or actions Matching the remedies to the Interest Area categories in a way that-seems consistent with the discussion of the committee follows: ~.. Offsite repair - individuals all categories of Interest Areas; 2, flffsite repair - community {locally permitted}s all categdries of IntereSt,Areas; 3. Offsite repair - community other than municipal. and water and sewer authority tState permitted}: ali categories. of Interest Areas; 4. public water: Transition, Rural. Buffer (not in protected watershed}, all other protected watersheds, AR,IR1~ S. Nothing and degrees of nothing, all categories of Interest Areas; 6. Inuninent health hazard declaration: all categories of .Interest Areas; ?, pre~ni.ses vacating: all categories of Interest Areas;: 8. water buffaloes/bottled waters all. categories ©f Interest Areas. lsg-l2 matrix.doc Appendix D Joint Punning Area Boundary Map Chape[ Hiil Running Areas Chapel trai Cary tkrNs Chapei Na i:i! ~Chspsi ifiR thbaa~ S froa Carrporo Ptanning ,Areas Cacsooro City t.imia ~: Csa4~taEC1 Otanga County, Ghapai ttlli, Gart6ara 3otni PWetning Agreement {JPA} t~r'aaroTaroa i f~la~er. pnbacs Traa~sit3en Q ~ ,b~N y Reti~iswr Gass ... ~ .. Ctrapet tfa TrargWian Arsat {1ttt~r6itytak6 yYBtetahed zsm,oro c xas a,aoo ~~ Rrepared by Orar~e County Piantsklg PebniaiK 18, 2004 51 52 Appendix Comprehensive Plan Land Use Maps for all f~range County local governments, and of Chatham County Land Else Maps for the following local governments follow; • Orange County • Chapel Hill • Hillsborough Land Use Maps are n©t available for the following local governments and Zoning Maps are substituted: Carrboro • Chatham County ~. ~1 ~~ Y Y~ r~' "yam ~w-,~yM ~c~' S Legend: ] 1aYaar ~ns;~ 2tt year tram ~-~-> Rust Rasid~~ad ~..-.~ Rura) Rumor ;1 t Agrip~~wa# Reald°ntiat t+~IResaur~ Pr°l~K, y Areas `~ Mu°~Pat Jur~gjq. ~~~ ~~$~SS~~ 1'{tatershe~ ~~ ~ ~ ~s flctw,ty n-ales ~? RaraM co,,,munar N r' RUr~ Ne` °de ~hborho~ N~ ~ Rural trr~u~riatfV°~e ~~ C°rrrt~ ~e ~°rtuirerti ~ :::.:~ ~cona+nic ~us~/ ~~ + Y t~lC ~e~°Pr+~eot ~~ J°in! 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Ttrwrt+l(iEa~ Cettfet . ~-~ _ ,1_, _. ~L ~~ » ~ ~ yy _~ f ' ~` " ; ~` ~ 1 ~ ~ ~~ +. ~ - ~ ' - ~~ -_ _ ~ Lat~ft Rctivi6es ti r ' ~ : -- ~ ,~w - ., -? -~~ J ~', ~~, ~ ~ 5peci8l MeaS ~ Rest~iat GoruervaCron Area ~,: , ~ C! t`~ ~ '~ ' ~ n wtlh RCR - ~ ~ ~ ~ ~i , , r ~ ~ ~ ~ -~ A-t ~4-N: Airport liarard ~ t)evelopment ~ Area ~ , _ p a ~ Pbtes~t X001 Site ~~*'~ ~~ ~ Foe ~ ~A~adal~e ' - _ `~ ~ ~~~a ~fT1 Pofenf~ Fu61'ac tttraks ID Faality SiIE +A " ~'`, 0 y _ ! ~ ~a~ge ~+~.: -' ~. 8ifundariss V~4GIJ C M C e WYI1d~t ~ V ~+ ~y,~^ w Lh~~p~ y{/. l A y [ ~fS f . ~ T CrIY VQb~! I~a~T // rs ~~1~ L~n~ ~~~ ~~~n ~c~mprehensive Phan o.s u a.s ~ Maas Chapel Hill, North Carolina ` ~.~•- ~ Revered Nvv. 13, 20170 ~'~+xtr~ri ~i.'ti `~~a ~. ° ~ st~fixc tt t t~,` .. my ~a rc rrfia7 e? ~€ f __ r f .~~ ~~ -~,.. ~ f; ~~ ~ i~ ~' ~ i ~h _sr a k ~k _ 'mow... ~~ ~, w~.. //~. ~. ... ,~ i' 14f4 ([ '3 1, h• 4 y j t` `a i `~,. _ TAM ~ ~ '~ y I ~ ~ ~1tf~u 5 ~~ t ~~ ~.r.. _ ,,~t ~ : i r~ ~.~ } ~ ~} j - ~ -~ ---+~ .-rz .~,~ .. j} r ,. . _, ~ m ~~ ~,~.. {~ -~ :~.` _ F tom. `~ w....... 1 +~ u ~ ~~~ Y ~ ~, ¢ ~~ ~ ` + ~ ' ~ ~ ~ tr ~ ~ Gt t X [. Z ~ ~ ~cw' ~ .'cwt-'.r" "~, Wis. ~~ ~~ °~ ~'~~~ 2Ql~t Tow F,~~~r~ ~~ ~ °fHf~~St,Q,r~u9h ~~ se Map m~r~t,~~,~;,~~ ,~~$~, A~Q 56 1 and - _~~~ 1 11I- a s I3~IT ~ i [ `''' ~{,~Cl ~ ~' Ft ti 1 Ft2 _ ,~~ Ks~~, ~'~ ~ , ~~ ~, :1E~ ~ _ ' ~ a ~3., . [t3S `R2 t~ "`4 A ~t. Rt4 .~r-~-~-. ~,n legend Gun+a~ tiQVe}ap:s~ei CA'd.a•u J:C~1i't4. wgP4^--~' d1il~c ~ . Y07"IJ+~M~ d. t„i CAtilfOto GQy ia~ ~f P~FNi~.~LIiLdG(II11 ~DitliC~UtY 1l~lYf ~CCIIYi T:SR(i010 ZORQla ~~ a Sif n~ ~~ ~ a~ ., a ~i . L (~ ui ~.'~V? © Mt D ~~ dl 3~ R15 .,; Q Q ~ t+13 7)3 ,•` Q A,t~C Q ~t~ A~ D o , ~ ~~~ o ~•~_ ~~ Q~ GrT Q Gs+C Asir 0 ~~ 0 cr ~i_ ri9i .ar ~"~ iAt 57 Chatham County MaroR zaNir~c a~sTRrc~ts l~ c ~ .. ...~-., ~ 2 5 ~ yp _ _ --, _, 'r~4 y' `,` ~~~ R~4 Town of Hillsborough Existing Water Service Outside of Primary Service Area -Appendix F .--, tea. tea`. ~~ ~~. L~ ~'~ (1 \~ ~ ~~ ~ Hillsborough ~~ _ ~", ~, -~ .t a Legend A ~ /( _ ~ N ~ Hillsborough Long-Term interest Area o 1 2 Miles 0 Hillsborough Primary Service Area Orange County Flaming and Inspections Department Existing Water Service Area GIS Map Prepared by Miriam Coleman, February 23, 2010 Outside Primary Service Area Projection North Carolina State Plane (feet) Datum: North American 1983