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HomeMy WebLinkAboutAgenda - 08-30-2011 - 1cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3D, 2D11 Action Agenda Item No. ~...- c. SUBJECT: Update on Upper Neuse River Basin Association Activities DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR) PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Commissioner Pam Hemminger, Chair of UNRBA, 245-2130 David Stancil, 245=2510 Thomas Davis, 245-2513 PURPOSE: To inform the Board of recent and possible upcoming Upper Neuse River Basin Association (UNRBA) activities. BACKGROUND: The State of North Carolina's Falls Lake Nutrient Management Strategy (Falls Lake Rules) became effective in January 2011. These rules require massive reductions in the amounts of nitrogen and phosphorus entering Falls Lake from agriculture, wastewater treatment plants, State and Federal facilities, and existing and future development activities. The fiscal analysis prepared by the NC Division of Water Quality (DWQ) estimated the cost of compliance with these rules to be $1.5 billion in 2010 dollars, with the majority of the expense anticipated to be borne by local governments in the upper Falls Lake watershed, mainly to comply with the regulations involving wastewater treatment plants and existing development (urban areas). While the regulations require the implementation of several measures in the next ten years, significant action will be needed during Stage II of the nutrient reduction process (2021-2041) to meet the overall reduction goals established in the rules. As a result, in July 2011 the Upper Neuse River Basin Association (UNRBA) began the process of hiring a consultant "for the development of methods by which the regulatory framework associated with the recently adopted Falls Lake Nutrient Management Rules can be evaluated." According to the UNRBA's request for proposals, "The Falls Rules are costly and require actions on the part of UNRBA member governments and other regulated parties that are unprecedented. In light of the potential financial impact of these rules and importance of the resource, the UNRBA wishes to secure assistance in evaluating the technical bases and regulatory framework for the Falls Rules, particularly the more costly Stage II." 2 The UNRBA expects to select a consultant in September 2011 to begin working on this project. As stated in- the July Request for Proposals, "This contract is anticipated to be-the first of several that the UNRBA expects to execute regarding Falls Lake and the Falls Lake watershed." The tasks that the UNRBA has identified for the initial phase of work are as follows: 1. Develop Framework for a Re-examination of Stage II of the Falls Nutrient Strategy 2. Review Existing Data and Reports to Summarize Knowledge of Falls Lake and the Falls Lake Watershed 3. Review Methods for Delivered and Jurisdictional Nutrient Loads 4. Recommendations for Future Monitoring and- Modeling Of particular interest, it is anticipated that Task 3 (listed above) will result in the determination of nutrient loading for each of the jurisdictions in the Falls Lake watershed. Given the anticipated cost for some parties to comply with the Falls Lake Rules, and the potential reduction in costs for these parties if the Rules are revised or changed, it is expected that considerable interest exists in pursuing whatever studies are needed to attain the goal of reducing the nutrient reductions required by the Falls Lake Rules. It is conceivable that the UNRBA could continue to lead- studies of Falls Lake and the surrounding watershed for the next ten years in an effort to change (perhaps having the impact of weakening) Stage II of the nutrient regulations. It should be pointed out that-the UNRBA agrees that the preservation of Falls L-ake as a water supply is of paramount importance. FINANCIAL IMPACT: None at the current time; however, activities undertaken by the UNRBA over the next-ten years or so could require additional increases in the annual contributions by the County. Orange County as a part of the FY 2011-2012 budget increased its funding for this purpose to $26,100. This represents a doubling of the UNRBA dues from the previous year in anticipation of hiring a consultant to perform the tasks listed above. It is probable that future funding of the UNRBA will continue at this new, higher amount for some time as a result of the increased activities undertaken by the organization. RECOMMENDATION(S): The Manager recommends that the Board consider and discuss the information presented concerning possible UNRBA actions related to Falls Lake.