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HomeMy WebLinkAboutAgenda - 10-21-2014-13 (3)INFORMATION ITEM PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245 -2575 �� Suite 201 (919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 _ 06 MEMORANDUM TO: Board of County Commissioners Bonnie Hammersley, County Manager FROM: Craig Benedict, Planning Director Kevin Lindley, Staff Engineer DATE: October 21, 2014 SUBJECT: Information Item — Temporary Voluntary Revised Lake Orange Release Protocol BACKGROUND: The County owns and operates Lake Orange, a water supply reservoir located on the East Fork of the Eno River in the northwest portion of the County. Releases from the lake are proscribed by the Eno River Voluntary Capacity Use Agreement (Agreement), which was signed in the late 1980s by the Town of Hillsborough, Orange - Alamance Water System (OAWS), Piedmont Minerals, and the County. The Agreement relates the amount of water released from Lake Orange to the level of the lake itself. According to the Agreement, the lower the water level at Lake Orange, the less water may be taken from the Eno River by the other signatories to the Agreement. Water released from Lake Orange is also intended to supply a minimum in- stream flow at the United State Geological Service (USGS) flow gage on the Eno River in Hillsborough. The amount of in- stream flow required per the Agreement is also dependent on the level of the water in Lake Orange. When the West Fork Eno Reservoir (WFER) was constructed in 2002, the Agreement was modified to include a minimum release of 1.0 cfs from the WFER in addition to the releases already described for Lake Orange. Over the last several years, a group of citizens living around Lake Orange, the Friends of Lake Orange, has been concerned about the level to which the lake drops during the hot, dry portion of the year. They have asked Hillsborough to release more water from the WFER to so that the water level in Lake Orange could be preserved, especially during the portion of the year when the lake is used the most for recreation. Hillsborough has agreed to do this as outlined in the attached Memorandum of Understanding. This is a temporary, voluntary agreement which essentially switches the roles of the two reservoirs, though the allocations to each partner and to in- stream flow would still be dependent upon the level of Lake Orange. Also, the agreement is only in place from April to October, with an initial term until December 2015. The WFER is undergoing an expansion in 2016 and adhering to this protocol may not be possible during the expansion. Staff has agreed to this because it preserves the in- stream flow requirement of the Agreement, it preserves the water level of Lake Orange to the greatest extent possible, it represents a remarkable gesture of good will from the Town of Hillsborough and either party can revert back to the Agreement, if necessary. If additional information is required, please advise. MEMORANDUM OF UNDERSTANDING SUPPORTING VOLUNTARY & TEMPORARY REVISIONS TO ENO RIVER FLOW MANAGEMENT PRACTICES FOR THE WEST FORK ENO RESERVOIR AND LAKE ORANGE The Town of Hillsborough and Orange County agree to modify our current practices for management of the Eno River flow through the Hillsborough USGS stream gauge. These modifications are made primarily in consideration of the concerns of property owners /residents along the shoreline of Lake Orange, Lake Orange Incorporated, and recreational users of Lake Orange, who desire Lake Orange to be maintained at a level no lower than 24 inches below full, to the extent possible. It is noted that the Town of Hillsborough is not required to take these steps; however, the town is is giving up a portion of its water capacity to be a good partner to Lake Orange stakeholders in good faith. Between the months of April and October each year that this agreement is active: The Town of Hillsborough agrees to provide the required instream flow requirement at the Hillsborough Gauge that is currently required from Lake Orange (varies, based on the Lake Orange water level), as well as the water usage requirements of the Town of Hillsborough, Orange- Alamance Water System, and Piedmont Minerals through releases from the West Fork Eno Reservoir (WFER). Orange County agrees to provide the required instream flow requirement at the Hillsborough Gauge that is currently required from the WFER (1.0 cubic feet per second) through releases from Lake Orange. The goal of these management modifications is to maintain Lake Orange water levels within 24 inches from full pool (615') during the months of April through October each year. This is the primary period for recreation within Lake Orange. Compliance with this agreement is contingent upon adequate seasonal water supplies available to fulfill the demands of the water users that are part of the Voluntary Capacity Use Agreement. This agreement shall have an initial term through December 2015. It is anticipated that the Town of Hillsborough will begin construction of Phase 2 of the West Fork Eno Reservoir in 2016 (or shortly thereafter). During construction, this modification to the Eno River flow management will not be possible. Reinstatement of these management practices may be considered upon completion of construction of WFER Phase 2. If, at any time, for any reason, either the Town of Hillsborough or Orange County decides to withdraw from this agreement, the management practices set forth in the Voluntary Capacity Use Agreement (Table 1 -Eno River Water Management Plan, current revision) shall be reinstated. The Voluntary Capacity Use Agreement remains the legal plan of record. TOWN OF HILLSBOROUGH Kenneth P. Keel, PE, Town Engineer (Staff manager of WFER releases) Date: f ORANGE COUNTY ql�v- 4�L Kevin Lindley, PE, Staff Engineer (Staff manager of Lake Orange releases) Date:-.... - 011. r 1 11 !