HomeMy WebLinkAboutAgenda - 02-05-2013 - 4b1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 5, 2013
SUBJECT: OWASA Annual Update Presentation
DEPARTMENT: County Commissioners
ATTACHMENT(S):
January 17, 2013 Letter from OWASA
Board Chair Alan Rimer
Action Agenda
Item No. 4 -b
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Donna Baker, Clerk to the Board, 245-
2130
Frank Clifton, County Manager, 245-
2300
Ed Kerwin, OWASA Executive Director,
968 -4421
Alan Rimer, OWASA Board Chair, 968-
4421
PURPOSE: To receive a presentation and information from the Orange Water and Sewer
Authority ( OWASA) on the recent activities.
BACKGROUND: OWASA Board of Directors' Chair Alan Rimer will make a presentation to the
Board of Commissioners on recent OWASA activities and specifically addressing the topics
outlined in the attachment. OWASA Executive Director Ed Kerwin will be at the meeting, and
Orange County's appointees to the OWASA Board, Terri Buckner and Michael Hughes, have
also been invited to attend.
FINANCIAL IMPACT: There is no financial impact associated with receiving the presentation.
RECOMMENDATION(S): The Manager recommends that the Board receive the presentation
as information and provide any feedback as necessary.
......................................................
77 A
.......... . ...................................
C�77 \,C!]��.'T/:1� : ► t �►J • : 111
A ,public, non-profit agency providing water, sewer and re clairned water services-
to the Carrhoro- Chapel" Hill communkv.
'.-.hair Barry Jacobs
*range County Board of Commissioners
tost Office Box 8181
Hillsborough, NC 27278
..00.0 M-
Dear Chai "cobs, 4C(3 at
j A 0111 ire
0
A& M A
Chair Barry Jacobs
January 17, 2013
Page 2
Commission (EMC) convert OWASA's existing Level II (future use) Jordan Lake allocation to
Level I (current use when needed). We expect the EMC to act on our request later this spring.
At our January 10, 2013 meeting, the OWASA Board approved a resolution (Attachment #2) to
approve a Drought Response Operating Protocol (DROP). The DROP describes the procedures
and criteria that OWASA will use in making water supply and demand management decisions
during extended droughts, including provisions for notifying the public about possible Water
Supply Shortage declarations, water purchases, and /or the use of OWASA's Jordan Lake
allocation.
Later this year we expect to submit our application to retain our existing Jordan Lake allocation
(currently equivalent to approximately 5 million gallons per day) as part of the State's Round 4
allocation process. The EMC is expected to make its allocation decisions in 2014.
Water And Sewer Management, Plan ' And Boundary A-greement
The OWASA Board did not take any action during the past year regarding our 2010 request to
clarify certain language in the Water and Sewer Management, Planning and Boundary
Agreement (WSMPBA). The OWASA Board has not yet discussed what additional actions, if
any, may be taken regarding the WSMPBA.
Below is an excerpt from our January 9, 2012 letter to the Orange County Commissioners
which may put this in context.
On December 9, 2010, the OWASA Board adopted a resolution to clarify certain language in the
2001 WSMPBA so that the Agreement cannot be interpreted as constraining OWASA's access
to its Jordan Lake allocation for use by OWASA customers. Hillsborough and Orange County
adopted resolutions on March 14, 2011 and March 15, 2011, respectively, that would apply
OWASA's requested language clarifications to their jurisdictions as well. The Carrboro Board
of Aldermen approved the proposed change for Hillsborough and Orange County on March 1,
2011, but not for OWASA. The Chapel Hill Town Council had originally approved OWASA's
request on February 28, 2011, but on April 25, 2011 reconsidered its previous action and rejected
the language change. On June 9, 2011, the OWASA Board resolved to adopt and maintain a
policy to purchase water from other communities or obtain water from its Jordan Lake allocation
only after first declaring a Stage 1 Water Supply Shortage — provided that Carrboro and Chapel
Hill approve the previously requested clarification to the WSMPBA.
At our October 20, 2011 meeting, the OWASA Board discussed its June 9, 2011 policy
resolution regarding water purchases during a drought and the importance of securing permanent
access to our Jordan Lake allocation without the constraints of language presently contained in
the WSMPBA. The Board was in agreement to modify its June 9th position and adopted a
resolution stating that:
"OWASA shall only purchase water from other communities or obtain water
from its Jordan Lake storage allocation during periods of increased drought risk
3
Chair Barry Jacobs
January 17, 2013
Page 3
after it has declared a Stage 1 Water Supply Shortage per OWASA's State -
approved Water Shortage Response Plan and OWASA's Water Conservation
Standards as incorporated therein. "
Historic Ropers Road (Wafer /Sewer)
OWASA staff has provided technical information on water /sewer issues as requested by County
staff. Working within the parameters of the State Statutes, our policies and founding
agreements, we will continue to support this important initiative as requested by County staff..
Mountains -To -Sea Trail
In response to the County's inquiry, the OWASA Board expressed support (Attachment #3) for
this County -led initiative. Our position remains unchanged and we think the benefits to the
citizens of the County and State exceed the manageable security and water quality risks that
OWASA will assume if the initiative goes forward.
Forestry Management
Pursuant to the North Carolina Wildlife Resources Commission's (WRC) forestry management
plan for OWASA's 490 -acre Cane Creek Wildlife Mitigation Tract, 25 acres of declining quality
Virginia pine were clear -cut, and 25 acres of hardwood forest were thinned during the fall of
2010. The 25 -acre clear -cut was replanted with loblolly pines in January 2011. All management
activities were conducted according to forestry management best practices; however, we left
substantially larger (and completely undisturbed) water quality buffer areas than required by
current regulations. We will continue the phased implementation of the WRC's plan on this
property in the coming years in compliance with conditions of the U.S. Army Corps of Engineers
404 Permit that allowed construction of the Cane Creek Reservoir.
Upon the recommendation and guidance of the WRC and North Carolina Forest Service,
OWASA also commissioned development of a draft plan for sustainable management of our
remaining forest lands (about 1,900 acres). We hosted a community meeting in November 2010
to present and receive comments on the draft plan prepared by our consulting forester, and we
received extensive comments from citizens, local elected boards, and several State agencies. We
have deferred action on the draft plan to address higher priority matters.
Communications
We are very pleased that newly elected Commissioners Dorosin, Price and Rich met with us on
January 11, 2013 for an overview of our operation and to discuss items of mutual interest.
We welcome the opportunity to meet with the Commissioners to keep you informed about our
work and to receive your feedback. Please let us know if you would like additional information
on any of the above topics or information regarding other issues or aspects of our operation.
C1
Chair Barry Jacobs
January 17, 2013
Page 4
Very tru yours,
-AW L
Alan Rimer, P.E., Chair
OWASA Board of Directors
Attachments
c: Mayor Mark Chilton, Town of Carrboro
Mayor Mark Kleinschmidt, Town of Chapel Dill
Mayor Tom Stevens, Town of Hillsborough
Mr. Frank Clifton, Orange County Manager
Mr. Roger L. Stancil, Chapel Dill Town Manager
Mr. David Andrews, Carrboro Town Manager
Mr. Eric Peterson, Hillsborough Town Manager
OWASA Board of Directors
Ed Kerwin, OWASA Executive Director
61
Attachment #1
Eel
99 1111k s
A -is responsible - d future customers
.
reliable, sustainable, and cost-effective supply of high quality drinking water at all times, and is
committed to making the highest and best use of our local water resources; and
WHEREAS, OWASA's water conservation and reclaimed water programs, which are
key components of our sustainable resource management strategy-, have and
consistently reduced water consumption during the past ten years among all customer groups;
r: d
as +' result Cane Creek.
University Lake, and Quarry Reservoirs are able to meet the community's expected water supply
needs through 2060 under most circumstances; and
"ITHE.-NE AS, notwithstanding these significant achievements,, we will become
increasingly susceptible extended extreme
Quarry Reservoir is availablein the mid 2030s- and
WHEREASI it is prudent for OWASA to proactively plan and prepare for extreme
droughts as well as operational emergencies; and
WHEREAS, the B. Everett Jordan Reservoir (Jordan Lake)' has been recognized as an
element of OWASA's long-range water supply planning since the NC Environmental
Management Commission first approved a Level 11 water supply storage allocation for OWASA
in w■ and
WHEREAS,
Ai)rd 20, 2012) identifies Jordan Lake as a necessary " insurance policy"' for use during future
periods of extended drought or M' ■ ■ emergencies, especially ;, a; iexpanded
Quarry Reservoir is avail.b • # and
WHEREAS, ■ _i, OWASA
that any use of Jordan Lake water, even for temporary or emergency use, must come from a
Level I allocation, and the staffs of the Town of Cary and City of Durham have stated that
OWASA must have its own Level I allocation as a prerequisite for any new or modified transfer
agreements that would guarantee water to OWASA under specified conditions; and
WHEREAS, it i's now apparent that OWASA must have + Level allocation
circumstances, Jordan Lake under any short or long-term Mutual d
agreements Cary and r and
staff WHEREAS, DWR has expressed r t intended
Jordan Lake as part of its strategy to minimize the risks of reservoir depletion during severe
droughts or water supply emergencies is a sound and valid approach to water supply contingency
plwming and not inconsistent with 15A NCAC 02G+0504(b) of the Jordan Lake water supply
xesolution Requesting Conversion to a Level I Allocation
December 13, 2012
Page 2
allocation rules, a - e Commission will assign Level I allocations qfJordan La'l
storage water szipply based on an intent to begin withdrawing upaler ivithinfive years of th
ef
. ffiective date qf allocation.
THEREFORE, ' DIRECTORS
r*i Is
Director 1. The Executive ■ letter to the NC Environmental
Management Commission that includes the following elements:
A request to immediately convert OWASA's existing Level 11 Jordan Lake water
supply storage allocation
It A statement of OWASA's intended use of Jordan Lake to supplement the supply
of water available a a pn'mary supply - (University Lake, Cane
Creek Reservoir, and Quarry Reservoir) during 'infrequent periods of extended
drought
2. The Board hereby r that OWASA shall only purchase water from othe
communities or obtain water from its Jordan Lake storage allocation during periods of increase
trought risk after it has declared a Stage I Water Supply Shortage per OWASA's State-approve
Water Shortage Response Plan and OWASA's Conservation Standards as incorporated therein. I
3. Any decision to invest OWASA funds in capital facilities needed to fully access it
Jordan Lake allocation and/or to make periodic payments to Durham and/or Cary under the term
*f new or modified water sales agreements will be based on an objective assessment of the likel.
risks and benefits of the proposed investment or expenditure; and., such an assessment will
mclude the consideration of the costs and benefits of alternative approaches.
Adopted of µ+
ATTEST:
C
tu&l
Ar' W` sib, Secretes
7
Attachment #2
E:]
RESOLUTION ADOPTING A DROUGHT RESPONSE OPERATING PROTOCOL
WHEREAS, OWASA is responsible for providing current and future customers with a
reliable, sustainable, and cost - effective supply of high quality drinking water at all times and is
committed to making the highest and best use of our local water resources; and
WHEREAS, OWASA's role with respect to growth is explicitly addressed in its Mission
Statement: "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 "; and
WHEREAS, OWASA's water use efficiency, conservation, and reclaimed water programs,
which are key components of its sustainable resource management strategy, have successfully and
consistently reduced water consumption during the past ten years among all customer groups; and
WHEREAS, notwithstanding these significant community -wide achievements in water use
reduction, OWASA's University Lake, Cane Creek, and Quarry Reservoir supplies will be
increasingly susceptible to shortages during extended periods of severe drought, especially until the
expanded Quarry Reservoir is available in the mid 2030s; and
WHEREAS, it is OWASA's duty to proactively plan and prepare for water supply shortages
due to extended periods of severe drought; and
WHEREAS, OWASA's Water Shortage Response Plan (November 11, 2010), as approved
by the North Carolina Division of Water Resources, includes Response Triggers for a range of
supply and demand conditions and describes the actions that OWASA will take during periods of
water shortages; and
WHEREAS, community members and elected officials from Carrboro and Chapel Hill have
requested clarification of the procedures and criteria that OWASA will use for making water supply
and demand management decisions during extended periods of severe drought, including provisions
to assure prompt and complete public notice of potential Water Supply Shortage declarations, water
purchases, and /or the use of OWASA's Jordan Lake water supply storage allocation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
ORANGE WATER AND SEWER AUTHORITY THAT:
OWASA shall use the Drought Response Operating Protocol text and graph attached hereto
as its procedures and criteria for making water supply and demand management decisions during
periods of extended drought, including provisions for public notice of potential Water Supply
Shortage declarations, water purchases, and /or use of OWASA's Jordan Lake water supply storage
allocation.
Adopted this 10th day of January 2013.
Alan . Rimer, P.E., Chair
ATTEST:
�I
Amy W4sil, Secretary
DROUGHT RESPONSE OPERATING PROTOCOL 9
JANUARY lO, 2013
Purpose
To describe the procedures and criteria that OWASA will use for making water supply and
demand management decisions during an extended drought, including provisions for public
notice of potential Water Supply Shortage declarations, water purchases, and /or use of
OWASA's Jordan Lake water supply storage allocation. The protocol outlined below will
provide OWASA's customers, local elected boards, and the overall Carrboro - Chapel Dill -UNC
community with timely notice of a potential water shortage due to extended drought and the
opportunity to reduce water consumption in order to avoid and /or minimize the need for more
severe water use restrictions or emergency actions.
The statistically derived drought responses described below were based on the risk of depleting
OWASA's existing Cane Creek /University Lake /Quarry Reservoir system to the Emergency
Storage level. Those risks do not assume that Jordan Lake is part of OWASA's existing or
primary water supply portfolio (University Lake, Cane Creek Reservoir, and Quarry Reservoir);
instead, Jordan Lake is only an "insurance policy" for use during extended drought or
operational emergencies.
Protocol
1. OWASA shall monitor OWASA's water supply and demand conditions, short -and long -term
weather forecasts, regional water supply conditions, and other factors which may affect the
risk of a water supply shortage due to drought.
2. The attached graph, which is a modified version of the 7 million gallon per day (mgd)
"trigger table "* in OWASA's State - approved Water Shortage Response Plan, shall guide
OWASA's drought response decisions when raw water demands are at an annual average of
7 mgd. (When annual average demands are greater than 7 mgd, the corresponding trigger
table graphs from the Water Shortage Response Plan shall be used.) Any drought - related
Water Supply Shortage declaration at storage levels above those indicated on the trigger
table, and /or any decision to purchase water from a neighboring jurisdiction (and /or to use
OWASA's Jordan Lake allocation) during a drought, shall be made only upon approval by
the OWASA Board of Directors.
3. OWASA shall declare a Water Shortage Advisory no later than when the total water stored in
the reservoirs drops to within 10% of the mandatory Stage 1 trigger. (This Advisory stage is
represented by the black dashed line on the attached graph). At or around that time, OWASA
will initiate communications with the Carrboro Board of Aldermen, Chapel Dill Town
Council, Orange County Board of Commissioners, and the University of North Carolina at
Chapel Dill — and shall give public notice to customers and other stakeholders — regarding
the likelihood that Stage 1 water use restrictions will go into effect, and that it may be
necessary to begin purchasing water from the City of Durham and /or Town of Cary if current
drought conditions continue or worsen. OWASA will carefully consider the advice and
feedback from the elected boards. The OWASA Board of Directors will continue to exercise
its sole responsibility and authority for decisions about water shortage declarations and water
purchases, consistent with this Protocol. As in the past, OWASA will expand its standard
conservation messaging before declaring the Water Shortage Advisory in order to encourage
* The graph is based on an average daily raw water demand of 7 mgd. Trigger levels for
greater or lesser demands will be correspondingly higher or lower than those depicted here.
Drought Response Operating Protocol
January 10, 2013
Page 2
and to give the community as much opportunity as possible to intensify its water saving
practices.
4. When total water storage in OWASA's reservoirs system declines to the purple block on the
attached graph, OWASA must declare a Stage 1 Shortage as required by its State - approved
Water Shortage Response Plan. OWASA may, at its own discretion, initiate Stage 1 use
restrictions — with or without corresponding drought rate surcharges — earlier than indicated
on the graph, but not later. The OWASA Board may authorize purchases from other utilities
and /or obtain water through its Jordan Lake allocation only when total water storage in
University Lake, Cane Creek Reservoir, and the Quarry Reservoir is below the Mandatory
Stage 1 Shortage trigger, but no sooner. Board approval for such a declaration or purchase
decision shall not be required, however, during an operational emergency as determined by
OWASA's Executive Director per OWASA's Water Shortage Response Plan. Operational
emergencies are typically characterized by the need for rapid response and may require the
curtailment of water use and /or purchases in a short period of time. Examples of such
emergencies include, but are not limited to:
• Production problems at the Jones Ferry Road Water Treatment Plant
• Failure of pumps, storage tanks, or pipelines
• Raw or treated drinking water quality problems
• Planned or unplanned maintenance events
• Natural disasters.
5. During an extended drought, OWASA staff will initiate discussions with the Board of
Directors regarding the need and timing of commencing water purchases or other prudent
actions as total water in storage approaches the mandatory Stage 1 trigger levels shown on
the attached graph; however, no purchase or use of OWASA's Jordan Lake allocation shall
be made without explicit approval by the Board of Directors (except during Operational
Emergencies as described above in Paragraph 4). Restrictions shall, and purchases may,
continue until storage returns to levels above the mandatory Stage 1 trigger. Water use
restrictions shall continue until storage returns to the "rescission" levels specified in the
Water Supply Shortage Response Plan.
6. OWASA shall provide regular updates to the community and to the local elected boards
throughout the drought as described in Paragraph 3 above. The OWASA Board and staff
shall be available to attend meetings of the local governments to provide information about
supply and demand conditions and to provide any information or answer questions elected
officials may have.
7. The OWASA Board shall review this protocol (a) concurrently with its review of OWASA's
State - approved Water Shortage Response Plan (as required in conjunction with Local Water
Supply Plan updates that must be submitted to the NC Division of Water Resources at least
once every five years); (b) following any drought during which mandatory water use
restrictions were implemented; and/or (c) at any time deemed necessary to reflect changes in
water supply and demand conditions or other new information, such as when the expanded
Quarry Reservoir comes on line.
10
Drought Response Operating Protocol
January 10, 2013
Page 3
11
These responses are based on the risk of depleting OWASA's existing Cane Creek/ University
Lake /Quarry Reservoir system to the Emergency Storage level and are consistent with the Response
Triggers of OWASA's State - approved Water Shortage Response Plan. Those risks do not consider
Jordan Lake to be part of OWASA's existing or primary water supply (University Lake, Cane Creek,
and Quarry Reservoirs), but only as an "insurance policy" for use during extended drought or
emergency conditions.
if- -- Water Shortage-Advisor : Aggressive public awareness /education effort, including direct
1 communication with the Carrboro, Chapel Hill, and Orange County elected boards and the
University of North Carolina at Chapel Hill. A Water Shortage Advisory may be intitiated earlier
at OWASA's discretion.
Stage 1 Shortage: Mandatory use restrictions -- with or without rate surcharges -- may be
intitiated earlier at OWASA's discretion, but not later. The OWASA Board may authorize
purchases of water from other utilities and /or obtain water through its Jordan Lake allocation
only when total water storage in University Lake, Cane Creek Reservoir, and the Quarry
Reservoir is below this Mandatory Stage 'I trigger, but not sooner. Board approval for such a
declaration or purchase decision shall not be required, however, during an operational
emergency as determined by the Executive Director per OWASA's Water Shortage Response
Plan.
Stage 2 Shortage: May be intitiated earlier at OWASA's discretion, but not later.
Stage 3 Shortage: May be intitiated earlier at OWASA's discretion, but not later.
Water Supply Emergency: Emergency actions will be taken to obtain supplemental water to
ensure the protection of public health, safety and welfare. If Cane Creek /University Lake /Quarry
Reservoir storage declines to this level, such actions would likely include the installation of
temporary facilities to pump water from the Haw River to the Cane Creek Reservoir.
Drought Response Operating Protocol
(For Average Annual Reservoir Withdrawals of 7 MGD)
100%
90%
....
Advisory
�..,
stage 1
80%
Stagez
U_
70%
Stage 3
��
—a
1
Emergency
1
'— —+ ! — —�
0
50%
50%
1
-W
- -- —
--
fJ)
40%
L
0
30%
N
20%
d
10%
Emergency Storage
0%
Jan Feb March April May June July Aug Sept Oct Nov
Dec
These responses are based on the risk of depleting OWASA's existing Cane Creek/ University
Lake /Quarry Reservoir system to the Emergency Storage level and are consistent with the Response
Triggers of OWASA's State - approved Water Shortage Response Plan. Those risks do not consider
Jordan Lake to be part of OWASA's existing or primary water supply (University Lake, Cane Creek,
and Quarry Reservoirs), but only as an "insurance policy" for use during extended drought or
emergency conditions.
if- -- Water Shortage-Advisor : Aggressive public awareness /education effort, including direct
1 communication with the Carrboro, Chapel Hill, and Orange County elected boards and the
University of North Carolina at Chapel Hill. A Water Shortage Advisory may be intitiated earlier
at OWASA's discretion.
Stage 1 Shortage: Mandatory use restrictions -- with or without rate surcharges -- may be
intitiated earlier at OWASA's discretion, but not later. The OWASA Board may authorize
purchases of water from other utilities and /or obtain water through its Jordan Lake allocation
only when total water storage in University Lake, Cane Creek Reservoir, and the Quarry
Reservoir is below this Mandatory Stage 'I trigger, but not sooner. Board approval for such a
declaration or purchase decision shall not be required, however, during an operational
emergency as determined by the Executive Director per OWASA's Water Shortage Response
Plan.
Stage 2 Shortage: May be intitiated earlier at OWASA's discretion, but not later.
Stage 3 Shortage: May be intitiated earlier at OWASA's discretion, but not later.
Water Supply Emergency: Emergency actions will be taken to obtain supplemental water to
ensure the protection of public health, safety and welfare. If Cane Creek /University Lake /Quarry
Reservoir storage declines to this level, such actions would likely include the installation of
temporary facilities to pump water from the Haw River to the Cane Creek Reservoir.
Attachment #3
Valarie Foushee, Chair
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, NC 27278
SUBJECT: MOUNTAINS -TO -SEA TRAIL
Dear Chair Foushee:
I'm writing to express OWASA's support for the Mountains -to -Sea Trail (MST) initiative. We
have met with Kate Dixon, Executive Director of the Friends of the MST, and we are confident
that we can make the necessary arrangements that will allow use of OWASA's property in the
vicinity of the Cane Creek Reservoir, consistent with our primary mission of providing safe and
reliable drinking water for our customers. As such, conditional upon the Orange County Board
of County Commissioner' approval of the initiative, our Board has directed OWASA staff to
immediately begin working with Orange County Staff and the Friends of the MST to develop the
necessary agreements and arrangements that will allow use of our property providing there is no
compromise of water quality, no expenditure of OWASA funds and we are able to make the
arrangements necessary to minimize any additional security risks associated with inviting hikers
to use the property around the reservoir.
Additionally, although it is not a condition of our support for the trail, OWASA has a long
history of notifying and receiving feedback from the public before finalizing any changes to
recreational activities at the Cane Creek Reservoir, and we are hopeful that the County's process
would include some level of public involvement prior to finalizing the plans for the trail.
We look forward to participating in this initiative and believe the MST will be a tremendous
asset for all citizens of Orange County.
Best regards,
Randy Kabrick, P.E., Chair
c: Mr. Frank Clifton, Manager, Orange County
Mr. Roger L. Stancil, Manager, Town of Chapel Dill
Mr. Steven Stewart, Manager, Town of Carrboro
OWASA Board of Directors
Ed Kerwin, Executive Director
400 Jones Ferry Road Equal Opportunity Employer Voice (919) 968 -4421
Carrboro, NC 27510 -2001 Printed on Recycled Paper www.owasa.org