HomeMy WebLinkAboutAgenda - 04-26-2007-e1ORANGE COUNTY BOARD OF COMMISSIONERS
CHAPEL HILL TOWN COUNCIL
JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: April 26, 2007
Acfiion Agenda
Item No. E.1
SUBJECT: Jordan Lake Rules Update
DEPARTMENT: Planning
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Craig Benedict, Planning Director, 245-2592
. Terry Hackett, EC Officer II, 245-2588
PURPOSE: To receive an update from County Erosion Control and Planning staff on the status
and implications of proposed rules which provide a mechanism for the State to enforce nutrient
limits and implement a nutrient management strategy in the Jordan Lake watershed.
Note: This is strictly an informational item. Amore detailed presentation can be
scheduled for a future meeting if the Board desires.
BACKGROUND:.
Description: Tests conducted by the North Carolina Department of Environment and
Natural .Resources (NCDENR), Division of Water Quality (DWQ) indicate that
Jordan Reservoir is not meeting, state water quality standards for chlorophyll-a.
Excess chlorophyll-a indicates high levels of nutrients (e.g. nitrogen and
phosphorus), which are favorable for algal growth. During its life cycle, algae
uses oxygen in the water which can adversely affect aquatic life. In fact, as
algae dies off oxygen levels in the water can drop dramatically causing fish
kills. This prompted DWQ to classify Jordan Reservoir as a Nutrient Sensitive
Water (NSW).:-
Additionally, The federal Clean Water Act (CWA) requires that a Total
Maximum Daily Load (TMDL) be .developed for each water body appearing on
the 303(d) list of impaired waters. The Upper New Hope Arm of Jordan
Reservoir was placed on the 303(d) list in 2002 for chlorophyll-a impairment.
NCDENR DWQ prepared a draft TMDL for the Upper New Hope Arm.
G`.C'omprohensivc I'I~nniu~, Ui+r~tilsl•~T.F^_4117 Ptdaic Hearints~: pr ~6 JF':1!Jnedan l'tuics~L:~~danRiilesah5.dr~r,
Who's Craig Benedict, Planning Director
Involved: Terry Hackett, Erosion Control Officer II/Stormwater Resource Officer
David Stancil, ERCD Director
Brent Bouge, SWCD Conservafiionist
2
Status: Staff presented a report on the initial draft TMDL to the Board of County
Commissioners (BOCC) on May 23, 2005. The BOCC provided comments on
the draft TMDL to DWQ that essentially supported the TMDL and proposed
nutrient .reduction strategy. However,, in 2006, both the. Lower New Hope'Arm
and Haw River Arm of Jordan Lake were also placed on the 303(d) list,
impaired for chlorophyll-a. In response DWQ drafted a new TMDL for all three
arms of Jordan Lake. That draft was recently presented for public comment on
April 5, 2007. Comments on the draft TMDL are being accepted through May
15, 2007.
Upcoming.
Issue: Both the federal TMDL program and the state NSW program include
development of a strategy to control nutrients and meet the state chlorophyll-a
standard. That strategy resulted in the development of the "Jordan Reservoir
Water Supply Nutrient Rules" to satisfy both the state NSW and federal TMDL
requirements.
After receiving input through a stakeholder process, DWQ presented the draft
rules to the Environmental Management Commission (EMC) with a requesf to
initiate a formal rulemaking process on March 8, 2007. That process will
include public hearings. To date, a public hearing schedule has not been
released.
The proposed rules are similar to those already in place for the Neuse and Tar
River basins, but there are some major differences. For instance the proposed
rules include stormwater requirements for all local governments, local
implementation of buffer rules, a rule requiring local governments to achieve
nutrient loading reductions from existing developed lands, and a separate rule
outlining a rading framework.
What's Next
and When will
BOCC Review: Staff will continue to be involved with the stakeholder process. A meeting
is currently scheduled for local government staff in the Upper and Lower New
Hope Arms on May 14, 2007 to discuss the draft TMDL and the proposed
nutrient reduction rules. Results of that meeting will be provided to local
..elected officials so that collective comments to the proposed rules can be
.drafted and submitted to the state.
FINANCIAL IMPACT: There is no cost to Orange County associated with this item.
RECOMMENDATION(S): Receive as information.
t~:1C',nnprehen~;ice Piannine Ctie'Ca?N Li"2ttU7't'uLiir. i-tet13"It15;5','~pr2Ei.l't~4Unrdan TZulecitorden}tu(e•4:~bcdor