HomeMy WebLinkAboutAgenda - 11-02-2006-7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 2, 2006
Agenda
Item No. "7-- b
SUBJECT: U
Neuse River Basin Association
DEPARTMENT: Planning & Inspections
ATTACHMENT(S):
1) Cost Breakdown Among Jurisdictions
2) UNRRA Letter to NC DENR
PUBLIC HEARING: (Y/N) ~~
INFORMATION CONTACT:
Tom Altieri, Comprehensive Planning
Supervisor, 245-2579
Terry Hackett, Erosion Control Officer II,
245-2588
PURPOSE: To receive a presentation from Chris Dreps, the Coordinator of the Upper Neuse
River Basin Association (UNRBA) regarding UNRBA and its request for additional funding.
BACKGROUND: In summary, the Upper Neuse River.Basin Association (UNRBA) is requesting
funding assistance from all participating local governments in the Basin to complete a
Stakeholder ("Outreach") Process as part of the Falls Lake Nutrient Management .Strategy.
Specifically, Orange County is being asked for a target contribution of $3,835, half of which
could be paid this fiscal year ($1,917) and the remaining half in the 2007-2008 fiscal year
budget. Attachment 1 provides a cost breakdown among participating jurisdictions.
Following is additional background information regarding this request:
A Nutrient Management Strategy (new regulations) is being developed by the NC Division of
Water Quality (DWQ) for the Falls Lake Watershed, which includes the Eno River. This new
Strategy is scheduled to take effect on July 1, 2009. At this time, there are few details on
potential new rules but Planning Staff anticipates that the current County ordinances may be
restrictive enough to meet potential rules in the majority of the County's jurisdiction. However,
there may be additional reasons for Orange County's participation in this effort, which are
discussed later in this section.
The problem that the UNRBA has is that the process being used by DWQ to develop the Falls
Lake Nutrient Management Strategy does not include stakeholder input/public outreach beyond
that which is required by NC State Statutes. This is due to the limited staff and funding
resources of the DWQ.
Therefore, in January of this year, the UNRBA requested $51,252 from the NC Department of
Environment and Natural Resources (DENR) to fund a stakeholder process to guide the
development of the Nutrient Management Strategy for Falls Lake (Attachment 2, UNRBA letter).
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In response, DENR has offered $15,000 to fund the process contingent upon the UNRBA
member governments providing adollar-for-dollar cash match by the end of October 2006.
Orange County is being asked to respond to the UNRBA with a pledge and payment schedule.
Since Orange County has been in the forefront in water supply protection, it is reasonable for
the County to be active in the stakeholder process for Falls Lake. Although staff anticipates that
the current County ordinances may be restrictive enough to meet potential rules in most of our
jurisdiction, they could have an affect on future, higher intensity, development within our
Economic Development and Transition Areas of the Lower Eno Watershed. Furthermore,
through the development of the Falls Lake Nutrient Management Strategy there may be an
opportunity to incorporate ideas for a nutrient trading program (an option being considered
presently for Jordan Lake). Generally, through a nutrient trading program, Orange County could
sell unused or unneeded "credits" to another local government within the Basin, which could
provide a potential source of revenue for Orange County. As an active participant and funding
contributor for a stakeholder process, Orange County would have a significant voice in the
direction of the proposed rules.
FINANCIAL IMPACT: The target pledge for Orange County is $3,835, half of which could be
paid this fiscal year ($1,917) and the remaining half in the 2007-2008 fiscal year budget.
RECOMMENDATION(S): The Manager recommends that the Board receive the presentation
from Mr. Dreps' and consider the UNRBA's request for funding assistance.
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ATTACHMENT 2
Upper Neuse River Basin Association n
January 17, 2006
Mr. William Ross, Secretary
NC Department of Environment and Natural Resources
1601 Maii Service Center
Raleigh, NC 27699-1601
Subject: Stakeholder Process for the Falls Lake Nutrient Management Strategy
Dear Secretary Ross:
We are writing you because we are concerned about the limited amount of stakeholder involvement in the
development of a nutrient management strategy for the Falls Lake Watershed. We understand that any
stakeholder involvement in this process may be limited to that which is required by law: a public hearing of
proposed rules prior to their adoption by the Environmental Management Commission. We understand that
the Division of Water Quality has limited staff to support such a process, but a practical, feasible nutrient
management strategy for Falls Lake would be achieved most effectively through an open, inclusive
stakeholder process on par with that which occurred for developing the Jordan Lake nutrient management
strategy.
As you well know, to have the full cooperation of the communities involved, the nutrient management
strategy must be sound, practical and achievable. This is in the interest of both NCDENR, which is
responsible for.overseeing water quality standards statewide, and the local governments in the basin that will
ultimately be responsible for implementing the nutrient management strategy. If our citizens do not
understand the strategy, were not a part of developing it, and wonder if implementing it will make a
difference, then the strategy will fail. The extent of the public's involvement in the DWQ's current work on
Falls Lake is a Technical Advisory Committee (a handful of technical experts from local governments) for
developing the nutrient response and watershed models, and a couple of meetings at which DWQ staff
imparted information. Once the models are completed, stakeholder participation would be limited to the
public hearing required by the rulemaking process. We are concerned that this would be a recipe for failure,
which would not be good for Falls Lake.
The UNRBA recognizes the challenge that you face in funding projects to meet water quality standards. The
local governments face similar funding challenges. We propose a state-local partnership to meet this
challenge. We ask you to commit to working with the UNRBA to fmd a source of funding for a robust and
comprehensive stakeholder process for the Falls Lake nutrient management strategy development. Sydney
Miller (Triangle J Council of Governments) and Chris Dreps (1-TNRBA Coordinator) are actively working to
fmd such sources. Unfortunately, fmding a source of funding is difficult because Falls Lake is in a "grey
area." The Lake is not listed as impaired, yet the DWQ has launched a process with the explicit purpose of
determining assimilative capacity and loading limits. Therefore, Falls Lake does not qualify for many
sources of federal funding.
The UNRBA is already working with the invaluable support of NCDENR to improve management of the
Falls Lake Basin. The Upper Neuse Watershed Management Plan recommends 19 watershed management
strategies for protecting water quality and aquatic habitat. Among the recommendations are strategies to
reduce nutrient loading from newly developed sites, detailed watershed restoration plans for the most
PO Box 12276 RTt', NC 27709 Ph (919) 558-2702 Fix (919) 549-9390
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ATTACHMENT 2
impaired watersheds, and protection of lands critical to water quality and aquatic habitat. NCDENR has
assisted the UNRBA from the start, providing funding, technical expertise, and partnering with the UNRBA
on all of its most important projects. Now that we are investigating the extent of water quality degredation in
Falls Lake, please continue the strong, innovative partnership that NCDENR and the UNRBA have been
forging. Please work with us to make sure that a stakeholder process occurs for the Falls Lake nutrient
management strategy.
Please contact Chris Dregs (919-558-2702; dregs@tjcog.org) if you have any questions.
Sincerely,
Ronald Alligood, UNR.BA Vice Chair
Granville County Board of Commissioners
Tom McGee, Town Manger
Town of Butner
Cora Cole McFadden, Mayor Pro-Tem
City of Durham
Tom Stevens, Mayor
Town of Hillsborough
Jimmy Clayton, Commissioner
Person County
Becky Heron, Chair
Upper Neuse River Basin Association
Durham County Board of Commissioners
Kenn Gardner, LJNRBA Secretary-Treasurer
Wake County Board of Commissioners
Kent Ray, Commissioner
City of Creedmoor
.Lyn Buffaloe, Commissioner
Franklin County
Tom Altieri, LT1~IRBA Board Member
Orange County Planning Department
Tommy Craven, Councilor
City of Raleigh
I'O Box 12276 RTI', NC 27709 t'h (919) 558-2702 Fix (919) 549-9390
ATTACHMENT 2
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Jack Day, Mayor
Town of Stem
Vivian Jones, Mayor
Town of Wake Forest
Tom Davidson, Chairman
Durham Soil and Water Conservation District
cc: F. Mell Nevils (NC Division of Land Resources)
Janet Cowell (NC Senate)
Alan Klimek (NC Division of Water Quality)
Dean Naujoks (Meuse River Foundation)
Bill Gilmore (NC Ecosystem Enhancement Program)
Brian Buzby (NC Conservation Network)
Alan Clarke (NC Division of Water Quality)
Lyndo Tippet (NC Department of Transportation)
Bill Holman (NC Clean Water Management Trust)
Andy McDaniel (NC Department of Transportation)
Mike Carpenter (NC Homebuilders Association)
Paul Wilms (NC Homebuilders Association)
Nick Tennyson (Durham and Orange Co. HBA)
('O Box 1227G RTI', NC 27709 ('h (919) 558-2702 Fix (919) 549-9390