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HomeMy WebLinkAboutCFE agenda 111416AGENDA Commission for the Environment November 14, 2016 7:30 p.m. Richard Whitted Meeting Facility (Room 250) 300 West Tryon Street, Hillsborough Time Item Title 7:30 I. Call to Order 7:32 II. Additions or Changes to Agenda 7:35 III. Approval of Minutes — August 8 and October 10, 2016 The CFE will consider approval of minutes from the last two meetings. (Attachments 1 -2) 7:40 IV. UDO Text Amendment for Minor Subdivisions The CFE will consider commenting on a proposed amendment to the Unified Development Ordinance (UDO) that was discussed in October. The proposed change allows for minor subdivisions with a "Flexible Design" option, which allows clustering of houses and more open space. Staff prepared draft comments based on the CFE discussion. (Attachment 3) 7:55 V. CFE Outreach and Facebook Page The CFE will also consider a draft news article on Climate Change (Kaiser et al.), an invitation to display information at the Orange County Library, and whether to develop internal guidelines for the CFE Facebook page and other social media. (Attachments 4 -5) 8:15 VI. CFE Annual Report and Work Plan 2016 -17 Each year the Board of County Commissioners (BOCC) asks its advisory boards to prepare a report of their activities, accomplishments, new issues, and concerns. A draft 2015 -16 report is provided for CFE consideration. The final report will be due on Dec. 16. (Attachment 6) 9:00 VII. Updates and Information Items Staff and /or CFE members will provide updates on the following items: ➢ CFE Roster (Attachment 7) ➢ Orange County stream buffer requirements (Attachments 8 -9) ➢ Go green to save green (Attachment 10) ➢ Potential SolSmart community designation ➢ Carrboro to consider a Climate Action Plan (Attachment 11) ➢ NIEH study of the effects of biosolids land application (Attachment 12) ➢ State cutbacks hinder NC's Clean Air Act enforcement (Attachment 13) ➢ Duke Forest newsletter (Attachment 14) ➢ Urban forests in the wake of Hurricane Matthew (Attachment 15) ➢ National electric vehicle charging network (Attachment 16) ➢ Tesla's solar roof (Attachment 17) ➢ Industrial Hemp Commission holds first meeting (Attachment 18) ➢ Any other new information from CFE members and staff 9:15 VIII. Adjournment Nextmeeting., December 12 (Chapel Hill) ➢ Election of Officers CFE Meeting Ground Rules (Adopted 9112111) 1. Keep to agenda topic under discussion 2. Share relevant information 3. One person speaks at a time after recognition by the Chair 4. Everyone is invited to participate in discussions / no one person should dominate discussions s. Strive to reach consensus first before voting Activities the CFE expects to carry out in 2016: • Continue to update the Orange County State of the Environment 2014 report • Continue to explore ways to improve the County's ability to foster local sustainable energy production and energy efficiency strategies, including developing incentives for increasing energy efficiency in new construction • Recommend ways to reduce the County's "carbon footprint" and implement the County's Environmental Responsibility Goal (BOCC Priority #10) • Continue to help with public outreach and management efforts related to hydrilla in the Eno River • Help initiate the development of a comprehensive conservation plan for Orange Co • Co- sponsor the annual DEAPR photography contest (The Nature of Orange) • Help plan for and participate in County's annual Earth Evening event Concerns or emerging issues the CFE has identified for 2016: • The CFE will continue to advocate for an expansion of the County's commercial food waste pickup and composting services to reduce food waste in the solid waste stream • The CFE remains interested in developing incentives for increasing energy efficiency in new construction • The CFE will continue to learn more about environmental justice matters and incorporate relevant information and considerations in the State of the Environment report and its other activities • The CFE will continue to follow the Solid Waste Advisory Group's discussions of how to improve the handling and disposal of Orange County's solid waste, and will advocate for better long -term solutions • The CFE will continue to advocate for increased efforts to gather information related to water resources in Orange County and to increase public awareness and understanding of water supply sources, related concerns, and what steps can be undertaken to maintain or improve the quantity and quality of Orange County water supply resources • The CFE will continue to address, as appropriate, the critical environmental issues for Orange County as enumerated on page 3 of the 2014 State of the Environment report, which include potential adverse effects from a) invasive, non - native, plant and animal species; b) reductions in State -led collection of water resources data; c) potential drilling for natural gas in the Deep River basin; d) urban sprawl; and CFE support for e) the responsible deployment of clean and appropriately -sited renewable energy and reductions in energy use to help fight climate change Orange County Commission for the Environment DRAFT Meeting Summary August 8, 2016 Orange County Solid Waste Administration Building, Chapel Hill PRESENT: Lydia Wegman (Chair), May Becker, Peter Cada, Bill Kaiser, Bill Newby, Rebecca Ray, Sheila Thomas -Ambat ABSENT: Lynne Gronback, Loren Hintz, Jeanette O'Connor STAFF: Tom Davis, Rich Shaw Call to Order — Wegman called the meeting to order at 7:40 pm. Additions or Changes to Agenda — None. Shaw reported that the County purchased land earlier that day for an addition to the County's Soccer.com Soccer Park. III. Minutes — Wegman asked for comments on the June 13 meeting summary. Kaiser motioned approval as written; seconded by Becker. Motion approved unanimously. Kaiser asked if there was any new information about the possibility of installing a solar array at the closed landfill, which was discussed by the CFE and members of the Town of Carrboro's Environmental Advisory Board (EAB) at the June meeting. Shaw noted that the EAB members had spoken with Orange County Solid Waste staff about two possible sites at the landfill, but he had not heard anything further. Shaw said he would contact the Solid Waste staff and report back to the CFE with any news. IV. CFE Facebook Page — CFE members recapped the June meeting discussion on the use of Facebook and other social media to communicate with the public about CFE activities and other environmental matters of interest to county residents. At that meeting CFE reviewed the Orange County Social Media Policy included in the meeting materials. CFE members expressed continued interest in using social media (not just Facebook) and asked staff could request that someone from the County attend a future meeting to answer questions and to help guide the CFE in how it could participate in outreach to county residents. CFE members said they recognize and appreciate the need for Orange County to enforce a social media policy, but it remains unclear how the CFE should move forward with its outreach efforts. Shaw said he would ask Beth Young (DEAPR Communications) or David Hunt (BOCC Clerk's Office) to attend a future meeting. V. Hydrilla Treatments in Upper Eno River Basin (Update) — Davis provided an update on year two of a two -year pilot study to treat the aquatic weed hydrilla in the Eno River. He said the chemical treatments were being injected into the Eno at two locations (rather than just one in 2015) and the effects are being monitored at several locations along the 16 miles of river that comprise the study area. Davis noted the Eno River Hydrilla Management Task Force decided to maintain a lesser concentration of the chemical Fluridone ( <5 ppb versus <15 ppb in 2015)), but due to the high incidents of rainfall they would need to use more of the chemical than they used the previous year. Davis reported hydrilla has been treated effectively while native plants appear healthy. He noted, however, there are several ponds and tributary streams that feed into the Eno River that need to be treated for hydrilla. He said those upstream areas need to be surveyed in order to develop an effective treatment plan. Davis said the Eno River Hydrilla Management Task Force is working on a five -year management plan, and he expects the State of NC will provide funding assistance for the project. Davis answered questions from CFE members: • Becker asked how native plants were doing. Davis said pre- and post- treatment surveys of native plants show no evidence of problems thus far. • Newby asked if any other counties had similar experience with treating hydrilla in a river system. Davis said Orange and Durham are the first to try this. • Kaiser asked what about in other areas of the country. Davis said many other regions are battling hydrilla and other invasive aquatic plants, including Florida with an annual budget of about $25 million. • Cada asked if the State would use Fluridone in a water - supply reservoir, such as Lake Orange. Davis said the EPA has approved it for use in drinking water. • Thomas -Ambat wondered if hydrilla might develop immunity to the chemical. • Becker asked if there was sampling occurring downstream of the study area. Davis said the sampling occurs all the way to Falls Lake, and after entering the lake the chemical is diluted well upstream of the City of Raleigh water intake. Wegman thanked Davis and asked that he continue to keep the CFE apprised of further developments, including the five -year plan for treating upstream areas. VI. Inter -Local Clean Energy Working Group — Shaw updated the CFE on recent discussions by the Inter -Local Clean Energy Working Group about the County's potential participation in a Phase I Solar Feasibility Study. He said the work group had developed a draft scope of work for a study that would provide Orange County and its partners with a prioritized list of possible renewable energy deployment sites and help the group prepare for a potential joint procurement of solar photovoltaics (PV) in the future. Shaw said Bouma was participating in the group and would provide future updates. VI I. The Nature of Orange Contest Winners 2016 — Shaw presented the winning photographs from this year's contest, The Nature of Orange. He reminded CFE members the goal of the contest is to encourage residents to help document the beauty and diversity of our natural resources and our people connecting to their environment. Shaw reported there were 89 entries by adults and youth (under 18 years old), and the three volunteer judges evaluated photos based on, relevancy, composition /arrangement, focus /sharpness, lighting, and creativity. Winners received a congratulatory letter, certificate, and a small monetary award. During the month of August the photographs were displayed at the Orange County Library and the Chapel Hill /Orange County Visitors Center. They will also be on display at the Cedar Grove Community Center and the new Cup -A -Joe on King Street in Hillsborough. VIII. Updates and Information Items — Information on the following subjects was provided in the meeting package; selected items were discussed: a) overview of 2016 environmental legislation by NC General Assembly, b) State's rejection of plans to preserve land in Falls Lake watershed, c) County to fund study to justify wider stream buffers, 2 d) Mountains -to -Sea Trail, e) County recognized by NC Coastal Federation, f) Impact of tree harvesting on wildlife, g) NC's Butterfly Highway, h) coal and gas expected to decline in next decade, i) Antarctica ozone hole beginning to heal, and j) the healing power of nature. IV. Adjournment — Wegman adjourned the meeting at 9:12 pm. Summary by Rich Shaw, DEAPR Staff 3 Orange County Commission for the Environment DRAFT Meeting Summary October 10, 2016 Orange County Solid Waste Administration Building, Chapel Hill PRESENT: Lynne Gronback (Vice Chair), May Becker, Loren Hintz, Bill Kaiser, Bill Newby, Rebecca Ray ABSENT: Peter Cada, Jeanette O'Connor, Sheila Thomas - Ambat, Lydia Wegman STAFF: Brendan Bouma, Rich Shaw GUESTS: David Hunt, Jim Northrup, Patrick Mallett, Rachel McCook, Alan Parry I. Call to Order — Gronback called the meeting to order at 7:32 pm. She noted that seven CFE members were needed for a quorum, but only six members were in attendance. 11. Additions or Changes to Agenda — Shaw asked to move up the discussion of the CFE's use of Facebook and other social media so that David Hunt could take part in the discussion prior to having to leave for fire training. Gronback asked CFE members if there were any objections to that request; there was none. 111. Minutes — No action was taken on the August 8 meeting summary for lack of a quorum. [Note: The order of agenda items IV. and V. was reversed.] V. CFE Outreach and Facebook Page — The CFE continued its discussion on the use of Facebook and other social media. David Hunt (BOCC Office, Information Specialist) and Jim Northrup (Orange Co. Information Technology Director) presented information and responded to questions on the use of social media by a County advisory board. Shaw provided an overview of the CFE's initial creation of a Facebook page by former CFE member Steve Nezgoda and subsequent postings of information by CFE members Jeanette O'Connor and Loren Hintz. He said the CFE has not used the Facebook page in several months pending information on how to conform to the social media policy. Hunt explained the use of social media by County departments and by advisory boards. He noted some of the potential problems that can occur and have occurred. Hunt and Northrup offered their support for the CFE's transition of its current Facebook account to a new Orange County account in accordance with the County's social media policy. CFE members asked what kinds of information is considered inappropriate and would need to be removed from the Facebook page. Hunt said to avoid posting copyrighted material and to avoid advocating positions on political matters. Northrup suggested that if the CFE includes information from other sources that its members make a reasonable effort to know and understand the meaning of the content. He said if there is any question about the appropriateness of material the CFE should ask for an opinion from the County staff, and in some cases from the County Attorney. Ray recommended the CFE establish internal protocols for the posting of material. She pointed out that some organizations only "push" material to their social media page while others also allow public comments to show up on the page. Hunt and Northrup warned that if the CFE allows public participation it must refrain from censuring comments that don't necessarily reflect the positions of the CFE. Hintz recommended that the CFE only "push" material to its Facebook page, at least for the short term. Other CFE members agreed with that suggestion. Gronback summarized the discussion thus far, noting that the CFE will provide the login information for its current Facebook account to allow the transition to a new County - supported account. She said it appears the CFE wishes to allow only posts by CFE members with no public comments. Hunt and Northrup described the following process for making the transition: • CFE will provide login credential to the current Facebook account (created with a previous member's personal email) to Beth Young, DEAPR Communications. • Beth will work with the County's IT Help Desk to transition the account to meet Orange County requirements in its Social Media Policy. • Beth will provide the two or three CFE designees with the login name (email) and password for updating Facebook. • CFE members will post and maintain the CFE Facebook account. • Each time a CFE member who has update authority leaves the Commission, the password will be changed. • The current password will be logged and maintained by the IT Help Desk. Gronback thanked Hunt and Northrup and said the CFE will follow -up on the transition and will develop a process and protocols for posting information on Facebook. IV. UDO Text Amendment for Minor Subdivisions – Patrick Mallett and Rachel McCook (Orange County Planning staff) presented a package of proposed amendments to the Unified Development Ordinance for minor subdivisions in Orange County. The proposed changes would a) increase the maximum number of lots eligible for minor "flexible" subdivisions from five lots to 12 lots, and b) allow for smaller lots and larger areas of common open space within those subdivisions, but with no net increase in density. Mallett presented slides to explain the changes and how they will unfold. He said this is the first in a series of amendments to the Unified Development Ordinance (UDO) to offer greater flexibility and more sustainable development. This particular set of changes is considered non - controversial because it provides a "win -win" for all parties. Mallett said his coming to the CFE is part of the community outreach effort to explain the proposed amendments and to receive feedback. The Planning Board will discuss on October 17. Mallett said the proposed amendments will promote flexible design and the preservation of open space in Orange County —both of which further some of the housing and land use goals of the Orange County 2030 Comprehensive Plan. The amendments would consolidate the major and minor subdivision standards for the Flexible Development option available to landowners and developers. The changes also combine the former Cluster Development provisions with the Flexible Development option. Mallett noted that this option is not available for within the Rural Buffer around Chapel Hill and Carrboro. Mallett discussed the many benefits of clustering residences using the Flexible Development option, including increased open space, reduced infrastructure costs, better stormwater management, higher home values, and benefits to wildlife. 2 Mallett and McCook showed illustrations that demonstrated how the Flexible Development would help to cluster home sites, thus allowing for more common open space, less infrastructure, and lower costs of construction. They presented a table that showed that as lot sizes decrease, the required amount of open space increases within the subdivision. For instance, 30 percent open space is required for a subdivision with 40,000- square -foot lots; 40 percent open space is required for 30,000- sq. -ft. lots; 50 percent open space is required for 20,000- sq. -ft. lots. Off -site septic would be allowed, but each lot would have its own dedicated off -lot septic area. Hintz made suggestions on the need to clarify language in Section 7 and Section 3. Bouma asked what may occur in the common open space. Mallet said there could be recreational amenities, such as trails, playground, garden, gazebo, and picnic shelter — as long as it is approved and maintained by the homeowners association. Bouma asked if the common area could be used for a community solar energy array or community garden. Mallett said it could as long as it stayed out of sensitive resource areas. Each project is considered on a case -by -case basis. Gronback thanked Mallett and McCook and asked if the Planning Department wanted comments from the CFE. Shaw will prepare a draft letter of support of the proposed amendments to the UDO for CFE consideration at the November meeting. VI. Potential SolSmart Community Designation – Bouma briefed the CFE on the County's application for designation as a SolSmart community [http: / /www.gosparc.org /]. He said a new Pew Research Center survey shows nearly nine -in -ten adults in the U.S. favor expanding the use of solar power to meet our energy needs. Through the SolSmart program from the US Department of Energy, the County hopes to access technical assistance that will help us make Orange County an even better place for solar energy generation. The program aims to reduce the uncertainties, delays, and unidentified barriers that contribute to higher solar installation costs. Bouma said the County hopes to access a higher level of technical support through working with a SolSmart Advisor. This Advisor would split their time with Chapel Hill, Carrboro, and the County for up to six months, starting in 2017. VII. CFE Annual Report and Work Plan 2016 -17 – Shaw reminded CFE members that each year the Board of County Commissioners (BOCC) asks its advisory boards to prepare a report of their activities, accomplishments, new issues, and concerns. Shaw referenced the copy of the 2015 -16 report, and noted that the back side of each CFE agenda contains key information from the report. Shaw said a draft 2016 -17 report will be provided for CFE consideration at next meetina. The final report is due December 16. VIII. Updates and Information Items – Information on the following subjects was provided in the meeting materials: a) Orange County study to justify stream buffers, b) Oakwood solar farm approved near Mebane, c) Duke Forest deer management, d) OWASA approves conditions for Mtns -to -Sea Trail (MST), e) new MST bridge over the Eno River in Hillsborough, f) Triangle ozone deaths can be prevented, g) Carolina water managers brace for future, i) North Carolina's invasive plants, j) windfarm planned off the NC coast, k) Americans polarized view of climate change, and 1) Dutch adapting to sea -level rise. IV. Adjournment – Gronback adjourned the meeting at 9:30 pm. Summary by Rich Shaw, DEAPR Staff 3 DRAFT MEMORANDUM To: Orange County Board of Commissioners From: Orange County Commission for the Environment Date: November 14, 2016 Re: Comments on Draft UDO Text Amendment for Flexible Minor Subdivisions The Orange County Commission for the Environment (CFE) has reviewed the draft text amendment to the Unified Development Ordinance (UDO) sections for subdivision and flexible development to allow for Flexible Minor Subdivisions. The CFE appreciates the opportunity to comment on this proposal. Our ability to review and comment was facilitated by an excellent presentation to our board on October 10 by Patrick Mallett and Rachel McCook of the Planning and Inspections Department. The CFE learned that the proposed changes would a) increase the maximum number of lots eligible for minor subdivisions from five lots to 12 lots if the Flexible Development option is chosen, and b) allow for smaller lots and larger areas of common open space and other environmentally sensitive lands within those subdivisions, but with no net increase in density. The benefits of clustering residences include reduced land disturbance and built -upon area, reduced infrastructure costs, less impervious surface and better stormwater management, increased open space, and increased wildlife habitat. The clustering of development can also help to maintain open space buffers between homes and neighboring agricultural uses, which also helps to protect Orange County's rural character. The CFE supports the fact that the proposed amendment would promote flexible designs that preserve more open space (minimum of 33 %) without reducing the allowable number of home sites in a subdivision. Flexible design would also encourage the connection of common open space within subdivisions with existing and planned public trails, greenways, sidewalks, and public streets. Also, the new rules will allow for individual off -site septic systems. The CFE recommends that the Planning Board and its staff consider adding a provision that would encourage the alignment of open spaces for neighboring subdivisions, thereby resulting in a larger contiguous area of open space. The CFE also encourages the Planning Board and its staff to allow the common open space to be used for renewable energy installations where feasible, such as a community solar energy array, as long as the installation avoids sensitive resource areas. Thank you for bringing this matter to the CFE for discussion and feedback. cc: Tom Davis, Patrick Mallett, Rich Shaw GOl2Cl2CG55%Jrib forte tGre F-vIbvzr w t G,% OlZ1Ir�B GOUVi,t� P�f�h12, h0 gOX �1�1 /�6C��01'OUG�GI, NG���j�� �1�� �-�f5 -610 Revised draft (BK/PQ Oct 7, 2016 This is another in a series of articles by the Orange County Commission for the Environment (CFE). Each article highlights an environmental issue of interest to the residents of Orange County. The CFE is a volunteer advisory board to the Board of County Commissioners. Additional information can be found in the Orange County State of the Environment 2014 report at r /commission for the environment.php Climate Change (Part 1 of 2) Orange County Commission for the Environment Summary of Evidence Our climate is changing, this is clear. Since 1950, many changes are unprecedented. These include atmosphere and ocean warming, winter snow cover decreasing, Arctic sea ice decreasing, sea level rising, increased melting of mountain glaciers, increased atmospheric water vapor, and the timing of seasonal events (earlier thaws, later frosts). Accompanying these changes are extreme rainfall events and more severe drought. Average global surface temperature has risen about 1.5° F in the past 100 yrs. The past decade was the warmest over the past measured 136 years. In the Northern Hemisphere, 1983 -2012 appears to be the warmest 30 -year period over the last 1,400 yrs. And, the past 15 consecutive months were the hottest on record — average temperature in July 2016 was 1.5° F hotter than the average July for the years 1950 -1980. Global average ocean surface temperatures have steadily increased since 1950, causing the ocean to expand— contributing to sea level rise. Since 1950, sea level rise rates have been greater than the average rate during the previous 2,000 years. Additionally, the majority of glaciers on Earth continue to shrink. Over the last two decades the Greenland and Antarctic ice sheets have melted significantly. If the Greenland ice sheet fully melts it would cause global average sea level to rise about 23 feet. Cause and Effect Human influence on climate change is clear. Recent anthropogenic emissions of greenhouse gases (GHGs) are the highest in history —they are the reason for the recent, rapid rate of change (a follow -on article discussing how distant past climate changes inform the current scientific community's opinions is being composed). GHGs have increased to levels unseen in the last 800,000 yrs. GHGs are controlled by earth's orbit Revised draft (BK/PQ Oct 7, 2016 around the sun. However, orbital changes are not behind today's global warming —our current orbit dictates we should be cooling not warming! CO2 has increased by about 40% since the 1700s from 280 ppm (parts per million) to today's 400 ppm. Ocean acidification is the lesser known result of climate change. The ocean absorbs atmospheric CO2— leading to an increased acidification of the ocean, which is currently 30% more acid than 300 years ago (a drop in pH from 8.2 to 8.1). The ocean's ecosystem will begin crashing when pH falls below 7.8. As acidification worsens, it's more difficult for coral to construct reefs and mollusks to calcify their shells. Reef building is particularly vulnerable to climate change —with current loss a sign of that change. If current trends continue all coral reefs will cease to grow, and start dissolving, within 50 years. Australia's Great Barrier Reef has already declined by 50% over the last 30 years. Models Scientists use models to test hypotheses, make predictions, and frame new questions. They test them by replicating observed data. When Global Circulation Models (GCMs) do a good job of replicating past and current observations, we have increased confidence they can forecast the future. GCMs have been able to do just this — including more rapid warming seen since 1950, and short -term cooling after recent volcanic eruptions (Mount Pinatubo, 1991). GCMs also predict many of the extreme events we currently experience, such as major flooding, and extended heat waves and drought. GCMs tell us about the drivers of significant changes in global temperature observed over the last century. Models using only natural forcings (solar variation, volcanic activity) show essentially no temperature increase over the last 100 yrs. When including anthropogenic effects the GCM fit with observed data is very good. Despite skeptics' claims, nobody has created a general circulation model that includes anthropogenic effects explaining climate behavior over the past century without CO2- driven warming. From: Libbie Hough Sent: Thursday, September 08, 2016 12:11 PM To: David Hunt; Stacy Shelp; Andi Morgan; Beth Young; Ashley Mercer; Beverly Shuford; Coby Austin; David Caldwell; Nancy Coston; Yvonne Scarlett; David Stancil; Jim Northrup; Jeff Thompson; OC Arts; Robert Gilmore; Shelia Beasley NCSU.EDU; Brennan Bouma; Cc: Erin Sapienza; Lucinda Munger Subject: You do AMAZING things. Libraries share INFORMATION. It's a natural fit! In Hillsborough, we have a large bulletin board that over 500+ people see every day. Think of it as an old school digital monitor. On this bulletin board, we have space to: 1) Share flyers for public events. Email them to me and I'll post them (here and in Carrboro, and shout out to you on Twitter). 2) Profile your department, or an initiative from your department. So, if you want folks to more about -- 1) Our great community centers, 2) Steps we're taking to keep our streams and lakes healthy, 3) The support we offer small businesses or agritourism efforts, 4) Etc. Drop me an email and we'll figure out a way to get your info up at the library. If you don't need this service, forward to someone in your department and let them know the library is eager to spread the word. Thanks, LIBBIE HOUGH I C011111111111UIINIICA I110II SSII'I:C IIAIII.IISI 1137 W, 111lAI11kG' 11k1 I 111 AII` 1: 11111111 LSIII�011R,OUII II> INC 27278 II 9.24 x.2539 November 7, 2016 DRAFT NAME OF BOARD /COMMISSION: Commission for the Environment Report Period: 2016-2017 ORANGE COUNTY ADVISORY BOARDS & COMMISSIONS ANNUAL REPORT / WORK PLAN FOR THE COUNTY COMMISSIONERS The Board of Commissioners welcomes input from various advisory boards and commissions in preparation for its annual planning retreat. Please complete the following information, limited to the front and back of this form. Other background materials may be provided as a supplement to, but not as a substitute for, this form. Board /Commission Name: Commission for the Environment Persons to address BOCC at work session and contact information: Chair: Lydia Wegman Vice Chair Lynne Gronback Primary County Staff Contacts: 919- 886 -8775 Inwegman @gmail.com 919- 219 -3219 Ironback@gmail.com Department of Environment, Agriculture, Parks and Recreation 4IlGh Shaw .. (Lwk"p .... 911n6a °II 2Vwtll9k"p.... allna° X111 ") ....,24,5-2,514 Tom Davis (Water Resources Coordinator) 245 -2513 tdavis@orangecountync.gov Brennan Bouma (Sustainability Coordinator) 245 -2626 bbouma @orangecountync.gov How many times per month does this commission meet, including any special meetings and sub - committee meetings? One meeting per month (2nd Monday); committees meet as needed during meeting Brief Statement of Commission's Assigned Charge and Responsibilities. Purpose: to advise the BOCC on matters affecting the environment, with particular emphasis on environmental protection and enhancement. Other duties include: • Perform special studies /projects on environmental issues as requested by BOCC • Recommend environmental initiatives to the BOCC, especially of local importance • Study changes in environmental science and environmental regulations in the pursuit of the CFE's duties • Educate the public and local officials on environmental issues What are your Commission's most important accomplishments? I0ade uIT�Fraauauincu":0atlialn ,,: to [Y', CC on i1'.)0 arncu":0urnclnt to fleAlbne . • Initiated a series of ii ewe � pl pgP' articles on environmental issues featured in ....l . ... . . .9290 ...t . . .f ... ....t...h......e .......................................... .............................. . report 2015 `0tIna ITa: c ..a�c o • Made recommendations to BOCC on 2016 bond package, the use of herbicides/ pesticides at County facilities, and incentives for energy efficient construction (2015) • Commented to Planning Bd on proposed changes to impervious surface rules (2015) • Provided ideas for Public Services Announcements (PSAs) for County radio spots (2015) • Collaborated with other entities on energy conservation and mgmt. projects (2015 -16) • Published the 2014 Orange County State of the Environment report (previous reports were completed in 2000, 2002, 2004, 2009) • Convened Orange County Environmental Summit (2005, 2009, 2014) • Made recommendations to BOCC on food waste and solid waste tax district (2014) Commission for the Environment Movember 7, 2016 DRA,,FT • Worked with Orange County Schools to introduce local environmental indicators/ status and trends into middle and high school science curriculum (2004, 2009, 2014) • Hosted a Solid Waste Forum with the Chapel Hill Sustainability Committee (2013) • Co- sponsored the annual The Nature of Orange photography contest (2012 - 201 „3) • Advocated for' /2 cent sales tax referendum for Triangle Region public transit (2012) • Compiled annotated bibliography of the effects of forestry on water quality (2012) • Developed sustainable landscaping and forest management policies for the administration of County -owned facilities (2010) • Assisted County staff in completing the Natural and Cultural Systems Element of the Orange County Comprehensive Plan (2008) List of Specific Tasks, Events, or Functions Performed or Sponsored Annually. • Liaisons to Intergovernmental Parks Work Group and Orange Unified Transp. Board • Review and comment on environmental issues (e.g., fracking, biosolids application, water pollution, air quality, forest mgmt.) and other issues assigned by the BOCC • Identify priorities for the Lands Legacy Action Plan (natural areas and wildlife habitat) • Conduct special studies pertaining to Orange County environment (e.g., energy efficiency /sustainability, forestry effects on water quality, herbicides and native flora) .. ............c. r................... .... J a .... ,,..............:'........ :a :................ .� a. .:....6 a : :i .:'. .rrr....... a.... I 's 2 Il....�c�lcll a �.Fcuinuinu�iwcw�n,.� cup uuinllllw�ww�n�m�ucw�n c� qucu.su� iw ,.�iu.su,.� c� �Il�c `I00�.�,.� • Conduct environmental education outreach :..F .F (e.g., Last Friday, Earth Evening) Describe this commission's activities /accomplishments in carrying out BOCC goals /priorities, if applicable. BOCC Goal Five: Create, preserve, and protect a natural environment that includes clean water, clean air, wildlife, important natural lands and sustainable energy for present and future generations. Presented findings and recommendations to BOCC on selected environmental issues: effects of forest mgmt. on water quality; effects of herbicides on roadside native plant habitat; potential effects of hydraulic fracturing ( "fracking ") in Orange County; problems caused by hydrilla in the Eno River (BOCC Priorities #1 and #12) Stayed abreast of ongoing and developing env. issues of importance to the County, such as Falls & Jordan Lake nutrient mgmt. rules, reducing commercial food waste in solid waste stream, and permitting of biosolids on farmland (Priorities #12 and #16) Provides comments on proposed master plans for future parks /preserves If your commission played the role of an Element Lead Advisory Board involved in the 2030 Comprehensive Plan preparation process, please indicate your activities/ accomplishments as they may relate to the Comprehensive Plan's goals or objectives. (Element Lead Advisory Boards include: Planning Board, Commission for the Environment, Historic Preservation Commission, Agriculture Pres. Board, and Parks & Recreation Council) The CFE provided extensive input into DEAPR staff development of the Natural and Cultural Systems Element of the Comprehensive Plan— specifically the chapters on Air and Energy Resources, Water Resources, and Natural Areas and Wildlife Habitat. Objective AE -1: Assess and implement the current countywide greenhouse gas emissions inventory and action plan target reductions. Commission for the Environment Movember 7, 2016 DRA,,FT • The CFE helped to initiate a countywide inventory of greenhouse gas emissions (2005), and continues to advise on ways to reduce the County's "carbon footprint." Objective AE -15: Foster participation in green energy programs such as installation incentives for solar hot water /solar generation /solar tempering in residential or commercial construction. The County should develop programs that will link citizens and businesses with options for alternative and sustainable energy sources. • The CFE's 41IT aii ;d Energy Resources Committee has developed proposals that address energy efficiency and renewable power issues, and will pursue further in collaboration with other advisory boards and stakeholders. Objective NA -3: Develop a more detailed and consistent methodology for monitoring changes in forest cover throughout the County, and specifically the extent of mature hardwood forest. • The CFE's State of the Environment report documented significant reductions in mature hardwood forest that occurred from 2003 -2008 and since 1988 I III l l p staff :u..11 u.4 n0.atv tnc6 data is un.a.l..s.0. v fc: �.),st ac.n.v. .uRI.YY wc.un, that caa.:.:.:. .F ..2.0.0 2.0..4..:. Objective NA -11: Develop a comprehensive conservation plan for achieving a network of protected open space throughout Orange County, which addresses 1) threats to important natural areas; 2) connectivity between protected areas; 3) coordination with neighboring counties; and 4) sustainable management of critical natural resources. • The CFE's Land Resources Committee is nau lialinailiin 111 a Q o,u, i,n t,y gffoirt to lidenil 90" 1_IT ::Nseirve liunnp2'taini IlaunO,:aa 2 g2EElidor,,: illnai aaininaai ,:li olfiaaini unaturall unF „ a,: , wo i* Rg 4th ....Othel' i;E:cuwaiwcn ....en #(uan c uR4n ate the developn;eRt of Objective NA -16: Create a system of public and private open space and conservation areas, including parks, nature preserves, and scenic vistas representative of Orange County landscape. • The CFE advises County's Lands Legacy program in its efforts to protect the most important natural and cultural resource lands through a variety of means. • The CFE's Land Resources Committee is gna' li6ipgj1n 111 a ouni a foirt to fide nfl au�0 nuIT�Fr :auITva Iiirn,p2j taini Ilaui0 aana g,2[[lidor,,: illnai connect ficaini unaturall aunFras Objective WR -5: Promote and participate in regional efforts to plan for use of water supplies in the region in an equitable manner, including contingency planning for water supplies during droughts. [Also Objectives WR -9, WR -10, and WR -15] • CFE stays abreast of Jordan Lake Partnership and advises staff as needed • CFE advocates for full implementation of the Water Resources Initiative to ensure planning for an adequate water supply for current and anticipated future needs Objective WRA 1: Provide incentives and educational information to landowners to increase protection of watersheds and ground water supplies and their inter - relationships. • The CFE distributes groundwater and surface water educational materials at Earth Evening and Last Fridays events and as part of its State of the Environment reports Commission for the Environment Movember 7, 2016 DRAFT NOTE: The Orange County State of the Environment 2014 identified specific recommendations on ways to help maintain and improve Orange County's environmental quality, many of which address objectives stated in the Orange County Comprehensive Plan. 4 Commission for the Environment Movember 7, 2016 DRAFT Identify any activities this commission expects to carry out in 201 ' " " 7 " ' ' 6 as they relate to established BOCC goals and priorities. If applicable, is there a fisal impact (i.e., funding, staff time, other resources) associated with these proposed activities (list). • mm .c.un� un�c �c �na i. i.n. ) ii a n.q . .mm.c.w.un� Ci.ai c� in In�w:(eun.un. n� .0.`..4. : �.F.nc.u# • Conflique to i1te nem; airfides on cunvliroigrncuni 11 of liu"nn uIT un c t )uIT un c u.sini un llu.s0liun Illiun is Iln un c cuncuIT osery iii in n0 illncu....uu n n uIT un ... nli . ........................................................................ 0.................................................................. 0.................................... 0........................................................................................................................................... h............................. ................h............ §. • Continue to explore ways to improve the County's ability to foster local sustainable energy p roduction and energy efficiency strat egies, T. . . . .... .. . . :... .. .21 N IT ,. � g IT ,. an .F�.Fun IIn.Fi�.Fu nll..F �u ,.�Il�nu .Fun .Fu .Fun.Fuiuun and developing incentives for increasing energy efficiency in new construction • Recommend ways to reduce the County's "carbon footprint" and implement the County's Environmental Responsibility Goal (BOCC Priority #10) • Continue to help with public outreach and management efforts related to hydrilla in the Eno River • Nair ii pgte lin a Qouiqty!2nEj 1 denflfy go0 pu : :NNseirvc line n oITt ini II un0,, Inc g2EuJdorc that conned sjg inu unnini unniu.suITn nunFrn nun ncun,w,nnnc.....F (BOCC Priority #1) • Co- sponsor the annual DEAPR photography contest (The Nature of Orange) • Help plan for and participate in County's annual Earth Evening event What are the concerns or emerging issues your board has identified for the upcoming year that it plans to address, or wishes to bring to the Commissioners' attention? Iln ..... I .I n.c.un� unu�c �c .a.0nc.n.a �oF a.n K a.un,119in of the Ge.u.0 m1".. (,)FRw .n.; ...'i a6 a. .... "..... � ..................... ....6 a. "............6 . "..... .�y... a.......: r........... ............ .a6 a ....:....... 6 a. ....rrr a.: r. ..... �nm,.�i�n inwnll�u.sin unwn0 ncu"ninc,.�iwwnq ,.�w�wn,.� is w�.FOu.sn �cc0 �nu�,.�i wwn the �nn,.�i�n • The CFE remains interested in developing incentives for increasing energy efficiency in new construction • The CFE will continue to learn more about environmental justice matters and incorporate relevant information and considerations in the inert State of the Environment report „(,2,Q2Q and its other activities II Iln I I..... wII ncun�uunu.�c �c I�.�IIII�.)Mn� i.Yn�. ��;�.�IIu��.,i �,,��..�.�NI�. ���a.,�µ��.w�.,)ir��� ���n�.,)u.,�I.� .w a .,�u,.�a..,�u.,�,.,,.wu�.,�wI.� �. I &n�.,�Mn�, c ww�wl.�ir�., µ��. i.h Iln�..�w ;a.illuii �g �..F;d a.iw.wll.��.,�.w..�II �.�I d��n�..�u�����,. ��w�.,�u.,au�i,y .w .w�.,�Ilu.,i Mn ..�.i.. and 4II • The CFE will continue to advocate for increased efforts to gather information related to water resources in Orange County and to increase public awareness and understanding of water supply sources, related concerns, and what steps can be undertaken to maintain or improve the quantity and quality of Orange County water supply resources The CFE will continue to address, as appropriate, the critical environmental issues for Orange County as enumerated on page 3 of the 2014 State of the Environment report, which include potential adverse effects from a) invasive, non - native, plant and animal species; b) reductions in State -led collection of water resources data; c) potential drilling for natural gas in the Deep River basin; d) urban sprawl; and CFE support for e) the responsible deployment of clean and appropriately -sited renewable energy and reductions in energy use to help fight climate change Orange County COMMISSION FOR THE ENVIRONMENT (updated August 2016) POS # DATE OF APPOINTMENT TERM TELEPHONE TOWNSHIP OF [NAME HOME ADDRESS COMMITTEE (Representation) ENDS E -MAIL RESIDENCE May Becker #1 9/21 /10 & 11 /6/14 511 Cotton Street Air & Energy Resources 12/31/17 919 - 969 -7439 Chapel Hill Chapel Hill, NC 27516 (At Large) tomatocutter@yahoo.com Peter Cada #10 9/21/10 & 11/6/14 420 Coach House Lane Water Resources 12/31/17 919 - 485 -2071 Eno Hillsborough, NC 27278 (At Large) peter.cada@tetratech.com Thomas Eisenhart #6 1/22/15 605 Jones Ferry Road, Apt TT15 Air & Energy Resources 12/31/16 919 - 360 -7468 Chapel Hill Carrboro, NC 27510 (At Large) tomeisenhart@gmaiI.com Lynne Gronback (Vice Chair) #14 3/17/15 & 12/15/15 2420 Sunnyfield Court Land Resources 12/31/18 919 - 219 -3219 Bingham Hillsborough, NC 27278 (At Large) Lgronback@gmail.com Loren Hintz #4 1/27/09 804 Kings Mill Rd. Land Resources 12/31/16 919 - 933 -8987 Chapel Hill Chapel Hill, NC 27517 (Biological Resources) ldhintz@beIlsouth.net Bill Kaiser #5 12/15/15 2112 Markham Dr. Water Resources 12/31/18 919 - 933 -9794 Chapel Hill Chapel Hill, NC 27514 (Water Resources) w_mckaiser hotmaiLcom William Newby #2 5/20/14 2821 Becketts Ridge Road Air & Energy Resources 12/31/16 919 - 541 -5296 Hillsborough Hillsborough, NC 27278 (Air Quality) newby.william007@gmail.com Jeanette O'Connor #9 5/21/13 & 11/6/14 117 S Peak Dr. Land Resources 12/31/17 703 - 678 -6893 Chapel Hill Carrboro, NC 27510 (At Large) jeanette.oconnor gmaiLcom Rebecca Ray #15 11/19/13 & 12/15/15 5617 Jomali Drive Water Resources 12/31/18 919 - 383 -0685 Eno Durham, NC 27705 (At Large) rebecca.ray@nc.rr.com Sheila Thomas -Ambat #8 11/6/14 103 Hunter Hill Place Water Resources 12/31/16 919 - 225 -4744 Chapel Hill Chapel Hill, NC 27517 (At Large) staemail@yahoo.com Lydia Wegman (Chair) #3 11/19/13 & 11/6/14 5704 Cascade Drive Land Resources 12/31/17 919 - 886 -8775 Chapel Hill Chapel Hill, NC 27514 (At Large) Inwegman@gmail.com VACANT #11 12/31/17 At Large) VACANT #7 //16 Resources 12/31/16 At Large) VACANT #12 / /16 Resources 12/31/18 En ineer VACANT #13 / /16 Resources 12/31/18 At Lar e David Stancil 245 -2522 Director, Dept. of Environment, Agriculture, Parks & Rec. dstancil @orangecountync.gov Rich Shaw 245 -2514 Land Conservation Manager rshaw @orangecountync.gov Tom Davis 245 -2513 Water Resources Coordinator tdavis @orangecountync.gov Brennan Bouma 245 -2626 Sustainability Coordinator bbouma @orangecountync.gov 11/9/2016 From: Michael Harvey Sent: Friday, November 11, 2016 Subject: Decision regarding stream buffer regulations As many of you are already aware Session Law 2015 -246, ratified on September 23, 2015, had significant impacts on the County's stream /riparian buffer program as detailed within Section 6.13 of the Orange County Unified Development Ordinance (UDO). As previously reported the summary of these impacts was as follows: 1. Local governments are prohibited from adopting, implementing, and enforcing riparian buffer (i.e. stream buffer) regulations that exceed State requirements. Exceptions to this prohibition include: a. The adoption of more restrictive standards to comply with, or implement, Federal or State law; b. Represents a condition of a permit, certificate, or other approval issued by a Federal or State agency; c. Was enacted prior to August 1, 1997 and meets listed requirements; d. Said regulation(s) are reviewed and approved by the State Environmental Management Commission (EMC) through the review of a scientific study providing documentation on the need for increased /more restrictive standards based on local physical and environmental conditions. 2. Local governments shall not treat land within identified riparian buffers area as if the land is: `the property of the State or any of its subdiuisions unless the land or an interest therein has been acquired by the State or its subdiuisions by a conveyance or by eminent domain'. 3. Riparian buffer areas are required to be denoted on subdivision plats. 4. When riparian buffers are located within designated common areas or open space areas located within a minor /major subdivision each abutting parcel shall be viewed as having an equal interest in that buffer area. The County is required to allow adjacent lots to `count' this buffer area towards lot size, density, perimeter buffer, and conservation purposes. The County, while initially arguing we were complaint with the provisions of the law, prepared the required scientific study justifying the implementation and enforcement of riparian exceeding State requirements (i.e. more than 50 ft.). This study was submitted for review in September of 2016 in preparation for presentation to the EMC. Orange County was not alone in this endeavor. Studies were also submitted by the Town(s) of Carrboro and Cary as well as Wake County. Staff and our consultants attended meetings on Wednesday and Thursday of this week to present our findings. Ultimately State staff determined Orange County's buffer program was exempt from complying with the provisions of the law and informed EMC members we already had the appropriate authorization to enforce more restrictive buffers', specifically through the previous review and approval of our buffer regulations (i.e. Section 6.13) by the EMC. EMC members agreed with the determination that Orange County, along with Carrboro, Cary, and Wake County, could enforce their respective buffer programs as written. As e iiii est ll6t o i�cili li uu ed uu e uii ile euu �fe ui� cee 111 N e as cu u uu euu � U:y co iiii i t 'iii iiiii i ed 'iiii iiiii i Sectioiiiii 6 i 3 (etteclllled It is worth noting several EMC members commented, after the meeting was adjourned, our study was very well conceived and provided sufficient documentation detailing the need for more restrictive riparian buffers. I would like to express my gratitude to our consultants for their hard work in completing this task and for providing the necessary technical guidance demonstrating the need for more restrictive riparian buffers in Orange County. There was a lot of night /weekend work over a 4 week period done to get all the necessary soil collection and testing done. This including field trips to several coastal area counties for soil collection work to serve as a comparison to our baseline data model. I also would like to take a moment and convey my gratitude to the numerous County staff that assisted in completing this project in the timeframe afforded to us by the State. We would not have been successful without their efforts. Thank you. Michael D. Harvey AICP, CFM, CZO Current Planning Supervisor — Planner III Orange County Planning Department 131 West Margaret Lane PO Box 8181 (919) 245- 2597(phone) (919) 644 -3002 (fax) Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Attachment 2 Article 6: Development Standards Section 6.13: Stream Buffers (6) Information signs may not contain advertising material or exceed six square feet in area. (D) Temporary Signs (1) Temporary signs may be used for construction and real estate information, and future tenant identification, in accordance with the provisions of this Section. (E) Awnings (1) The form and color of the awnings must be consistent. (2) A minimum eight -foot vertical clearance must be maintained. (3) Signs on awnings must be painted on or screen printed and limited to the awning's flap (valance) or end panels. (4) Canvas, treated canvas, matte finish vinyl, and fabric awnings are permitted. (5) Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited in the Hillsborough EDD and strongly discouraged in the Buckhorn and Eno EDDs. (F) Signage for Parks, Public and Non - profit; Recreational Facilities, Non - Profit; Recreational Facilities, Golf Courses; and Recreational Facilities, Profit Total sign area shall be limited to 500 square feet for all signs permitted herein, not including Directional Signage erected in accordance with the provisions of this Section. (G) Basic Sign Design Schedule for Hillsborough EDD The following design schedule has been approved for the Hillsborough EDD: 6.13.1 Purpose The purpose of the regulations included in this Section is to protect County water resources by establishing minimum buffers adjacent to streams, rivers, water bodies and other water features and limiting development and other land disturbing activities within those buffers. 6.13.2 Applicability The stream buffer regulations and standards contained herein shall be applicable to all streams and water features, as follows: (A) Streams identified by any of the following means: (1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle Orange County, North Carolina — Unified Development Ordinance Page 6 -95 Article 6: Development Standards Section 6.13: Stream Buffers maps, (2) Shown as water feature in the Orange County Soil Survey, or (3) A water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQ). (B) Steam buffers shall extend around the perimeter of all water features if any portion of the stream buffer of a stream touches the water feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. 6.13.3 Calculating Width of Stream Buffer (A) Special Flood Hazard Area Zoning Overlay Districts & FEMA Floodplains (1) Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the 100 -year floodplain. (B) Calculating Slope Value (1) Draw 250' length perpendicular lines, at 200 -foot horizontal intervals along the entire length of the outside edges of the stream, or the outer edge of the FEMA floodplain, whichever is greater. (2) Determine the elevation at either the stream bank or the outer edge of the FEMA floodplain, whichever is highest (Elevation 1), and at the point 250' from the stream or FEMA floodplain, whichever is applicable, along the perpendicular line (Elevation 2). (3) Subtract Elevation 1 from Elevation 2 for the Difference. (4) Divide the Difference by 250 for the Mean. (5) Multiply the Mean by 100 to determine the "Slope Value ". (6) Perform this calculation for both sides of the stream or floodplain. Figure 6.13.13.B: Stream Buffer Slope Value Calculation Elevation at Stream Bank Stream 0 Elevation at FEMA Floodplain Edge 250' fl fl 250' c_ CL Y 1 LL t a 0 2 200' a � o 200' 2 < ¢ v -o Q Q Stream -Q 250' 2.50' a 4 ii L w Slope Value = — M x 100 250 (C) Method A — Stream Buffer Based on Slope and Groundcover (1) The width of the buffer shall be a minimum of 50 feet from each edge of the floodplain or stream bank. Orange County, North Carolina — Unified Development Ordinance Page 6 -96 Article 6: Development Standards Section 6.13: Stream Buffers (2) An additional 15 feet shall be added to the 50 -foot buffer (65 feet total) where the slope value is less than 7.5 %, as measured 250 feet from the edge of the floodplain or stream bank. (3) For slope values 7.5% and greater, as measured 250 feet from the edge of the floodplain or stream bank, an additional 30 feet shall be added to the 50 -foot buffer (80 feet total). (4) These calculations shall be made for both sides of either the stream bank or floodplain, whichever is greater. (D) Method B - Stream Buffer Based on Slope and Groundcover 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts (A) University Lake Critical Area (UNIV -CA) (1) The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (2) The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, whichever is greater. (B) University Lake Protected Watershed (UNIV -PW) (1) The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (C) Cane Creek Critical Area (CANE -CA) & Upper Eno Critical Area (U- ENO -CA) (1) The buffer width adjacent to streams shall be the width calculated using Method A. (2) Method A shall also be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, whichever is greater. (D) Upper Eno Protected (U- ENO -PW), Lower Eno Protected (L- ENO -PW) & Back Creek Protected (BACK -PW) (1) The buffer width shall be as calculated using Method A, or 150', whichever is less, except where density exceeds 1 du /ac and impervious surface exceeds 12 %. (2) Where density exceeds 1 du /ac and impervious surface exceeds 12 %, the buffer width shall be calculated as above, but shall not be less than 100'. Orange County, North Carolina — Unified Development Ordinance Page 6 -97 Article 6: Development Standards Section 6.13: Stream Buffers (E) Cane Creek Protected (CANE -PW), Little River Protected (LITTLE -PW), South Hyco Creek Protected (HYCO -PW), Flat River Protected (FLAT -PW), Haw River Protected (HAW -PW) & Jordan Lake Protected (JORDAN -PW) (1) The buffer width shall be the width calculated using Method A, or 150', whichever is less. 6.13.5 Areas Outside of Watershed Protection Overlay Districts (A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay Districts, a stream buffer a minimum of 50 feet in width shall be established along both sides of streams identified per Section 6.13.2. (B) Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.13.3. 6.13.6 Uses Allowable Within Stream Buffers (A) General Standards (1) Prior to any land disturbing activity within a designated stream buffer, the property owner shall provide written notification of the location and nature of the proposed use to the Planning Department for review. The notification shall state that the use shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. (2) All land disturbing activities within a designated stream buffer require approval of the Erosion Control Officer in accordance with applicable State and local regulations, as well as all other required local, State and /or Federal permits and approvals prior to commencement of land disturbing activities. (3) The submittal of additional information and /or applications may be required prior to any land disturbing activity within a designated stream buffer, in accordance with the provisions of this Ordinance. (B) Additional Standards for Uses Allowable With Mitigation (1) Development proposals shall be submitted and reviewed in accordance with this Ordinance and all applicable State regulations. (2) Mitigation shall be provided in accordance with adopted State standards and shall be approved and inspected by the Erosion Control Officer or his /her designee. (C) Uses Allowable The following uses are allowed as a matter of right in stream buffers, subject to the General Standards established in Section 6.13.6(A), and any specific standards for the use: (1) Above - ground and buried utility lines for local distribution of electricity, telephone, data, and cable television service, as well as accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (2) Individual or community wells. (3) Public water and sewer lines are permitted only as allowed by the Orange County Water and Sewer Policy, and may be located within stream buffers only to the extent necessary to cross the stream buffer as closely as possible to perpendicular. Individual or community wastewater disposal systems are not permitted in stream buffers. (4) Public and private streets, bridges, railroad rights -of -way, and other similar travel ways, provided that they enter and exit the buffer area as nearly perpendicular as possible. Orange County, North Carolina — Unified Development Ordinance Page 6 -98 (D) Article 6: Development Standards Section 6.13: Stream Buffers (5) Archaeological activities /projects conducted in accordance with all applicable County, State and Federal regulations. (6) Dam /reservoir maintenance activities. (7) Maintenance of existing outfalls provided they are managed to minimize the sediment, nutrients, and other pollution that convey to waterbodies. (8) Driveway crossings on single - family residential lots that disturb less than, or equal to, 25 linear feet or 2,500 square feet of stream buffer. (9) Greenways and /or hiking trails six feet in width composed of natural materials at least 30 feet from the top of bank of a stream or water body. (10) Historic preservation projects /activities. (11) Periodic maintenance of modified natural streams, such as canals, and a grassed travel way on one side of the surface water when alternative forms of maintenance access are not practical. (12) Public water and sewer lines that do not disturb over 40 linear feet. (13) Stream restoration and /or stream bank stabilization. (14) Wetland restoration, in accordance with all applicable County, State and Federal regulations. (15) Vegetation management, including but not limited to: (a) Emergency fire control measures provided that topography is restored; (b) Planting vegetation to enhance the riparian buffer; (c) Pruning forest vegetation provided that the health and function of the forest vegetation is not compromised and the pruning activity is conducted by hand; (d) Removal of individual trees which are in danger of causing damage to dwellings, other structures or human life provided the activity is conducted by hand; and (e) Removal of poison ivy and other nuisance vegetation, including invasive exotics, as identified by the NC Cooperative Extension. Uses Allowable With Mitigation The following uses are allowable within stream buffers with mitigation, subject to the standards established in Sections 6.13.6(A) and 6.13.6(B) above, as well as any specific standards for the use: (1) Water dependent structures, such as docks, piers, public and private boat ramps, boat houses over the water, walkways, water recreational amenities, and other similar uses. (2) New drainage outfalls provided that a stormwater management facility is installed to control nutrients and attenuate flow before the conveyance discharges into the stream buffer. (3) Driveway crossings on single - family residential lots that disturb less than, or equal to 150 linear feet or 1/3 of an acre of stream buffer. (4) Any driveway or roadway, whether for a single - family residence or a subdivision, that is parallel to the stream or water body, regardless of cumulative impact. (5) Greenways and /or hiking trails six feet in width, with improved paths (i.e. paved, wood decking, etc.) at least 30 feet from the top of bank of a stream or water body. Orange County, North Carolina — Unified Development Ordinance Page 6 -99 Article 6: Development Standards Section 6.14: Stormwater Management (6) Trail crossings, and associated bridge or other structure, provided they are oriented perpendicular to the stream and constructed in accordance with best management practices to minimize soil erosion and other adverse impacts to water quality. (7) Public water and sewer lines that disturb over 40 linear feet, but not greater than 150 linear feet of riparian buffer. (8) Temporary roads intended for access to a property for development purpose. (9) New stormwater management ponds, with or without a riparian buffer established adjacent to the pond. (10) Vegetation Management that includes the installation of new vegetation and a one -time application of fertilizer to re- establish the vegetation. (11) Vegetation Management / Replanting in an effort to protect existing structures. 6.13.7 Diffuse Flow Requirement (A) Diffuse flow of runoff shall be maintained in the stream buffer by dispersing concentrated flow and re- establishing vegetation. (B) Concentrated runoff from new ditches or constructed conveyances shall be converted to diffuse flow before the runoff enters the stream buffer. (C) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. 6.13.8 Land Disturbance and Planting of Vegetation (A) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion - resistant vegetative cover. (B) Existing forested areas or any other healthy vegetation may not be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. (C) New vegetation shall be planted to capture non - source pollutants before they reach the perennial stream, as per applicable Orange County Standards. 6.14.1 Introduction As a watershed becomes more developed, the amount of impervious surface increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in more stormwater flowing directly into streams and other water bodies. Because this direct runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of drinking water supplies. 6.14.2 Purpose The purpose of the Board of County Commissioners in adopting stormwater regulations is to protect the water quality of the streams that lie within Orange County by reducing and controlling stormwater runoff and addressing nutrient reductions for both new and existing development. 6.14.3 Jurisdiction -Wide and Inter -Local Approaches (A) Orange County shall have the option of implementing jurisdiction -wide and /or inter -local approaches to control stormwater runoff and achieve nutrient reductions. (B) Any jurisdiction -wide and /or inter -local approaches must be approved by the Orange County Board of Commissioners, and the Environmental Management Commission before implementation. Orange County, North Carolina — Unified Development Ordinance Page 6 -100 Community Climate Action Plan Reducing Greenhouse Gas Emissions, Saving Energy, Generating Renewable Energy, and Enhancing Ecosystems Town of Carrboro, North Carolina PUBLIC HEARING DRAFT (April 8, 2016) BOARD OF ALDERMEN LYDIA LAVELLE, MAYOR MICHELLE JOHNSON BETHANY CHANEY DAMON SEILS JACQUELYN GIST SAMMY SLADE RANDEE HAVEN- O'DONNELL With support from the Carrboro Energy and Climate Action Task Force: Carolyn Buckner, Jeff Herrick, Kathy Kaufman, Jeanette O'Connor, Rob Pinder Acknowledgments The Carrboro Planning Board, Environmental Advisory Board, and Transportation Advisory Board for sponsoring the Fall Forum series on Energy and Climate Action held at the Carrboro ArtsCenter in 2014 and their review of a draft of this plan. The Carrboro Board of Aldermen for adopting a proactive climate protection resolution, and feedback on a draft of this plan. Those who have worked to develop and support previous greenhouse house gas inventories for Carrboro and Orange County. The many people and organizations in the community involved in climate action work. Fa[.)k Of ('Oirlt&rlt ExecutiveSummary ......................................................................................................... ............................... i Introduction.................................................................................................................... ..............................1 BeyondDoom and Gloom ........................................................................................... ..............................2 The Cities for Climate Protection Campaign and the Five Milestone Process ............ ..............................3 The Greenhouse Gas Emissions Inventory .................................................................. ..............................4 Establishing Emissions Reductions Goals .................................................................... ..............................4 TheLocal Climate Action Plan ..................................................................................... ..............................6 CommunityIntegration ................................................................................................... ..............................7 Community Integration Recommendation #1: Create Grass Roots Partnerships to Engage Community9 Community Integration Recommendation #2: Expand Public Partnerships to More Explicitly Consider ClimateAction .......................................................................................................... ............................... 11 Community Integration Recommendation #3: Create Green Neighborhood Program .........................12 Community Integration Recommendation #4: Integrate Climate Action with Local Living Economy... 14 Community Integration Recommendation #5: Expand Capacity ............................... .............................15 Community Integration Recommendation #6: Facilitate Low Cost Financing for Energy Efficiency and Renewable Energy Projects ....................................................................................... .............................15 Community Integration Recommendation #7: Integrate Climate Action and Social /Equity Initiatives. 16 Building Energy Efficiency Measures ............................................................................. .............................19 Buildings Recommendation #1: 50% Challenge ......................................................... .............................20 Buildings Recommendation #2: Energy Audit /Performance Rating ........................ ............................... 22 Buildings Recommendation #3: Demonstrate /Pursue Energy Performance Beyond Minimum Requirements for New Development ........................................................................ .............................23 Buildings Recommendation #4: Create Rental Property Task Force and Process ..... .............................24 Buildings Recommendation #5: Create Rental Property Registry/ Certification ...... ............................... 25 Transportation Measures ............................................................................................ ............................... 26 Transportation Recommendation #1: 50% Challenge ............................................... .............................27 Transportation Recommendation #2: Enhance Transit Service ................................ .............................28 Transportation Recommendation #3: Improve Vanpool /Carpool Options ............. ............................... 29 Transportation Recommendation #4: Further Promote Walking, Biking, Transit ..... .............................29 Transportation Recommendation #5: Limit Idling in School Loading Zones ............. .............................31 Renewable Energy Measures ......................................................................................... .............................32 Renewable Energy Recommendation #1: Pursue Community Solar Projects ........... .............................33 Renewable Energy Recommendation #2: Pursue Downtown Geothermal Heating and Cooling ......... 34 Renewable Energy Recommendation #3: Create Rental Property Task Force and Process ...................35 Ecosystem Protection and Enhancement ...................................................................... .............................36 Ecosystem Recommendation #1: Pursue Stormwater Utility .................................... .............................38 Ecosystem Recommendation #2: Evaluate Extent to Which the Deer Population and Climate Change affect Native Plant Ecosystems .................................................................................. .............................40 Ecosystem Recommendation #3: Accelerate /Expand Organic Waste Collection /Composting .............42 Ecosystem Recommendation #4: Create a Tree Coalition ......................................... .............................43 Ecosystem Recommendation #5: Improve Regulations and Community Capacity to Discourage Invasive Plants and Encourage Native Plants ............................................................ .............................44 Implementation Recommendations .............................................................................. .............................47 Appendix1 ..................................................................................................................... .............................49 Boulder's Local Climate Action Plan and Climate Commitment ................................ .............................49 Appendix2 ..................................................................................................................... .............................50 How the Jones Household Goes Carbon Free in 10 Years ......................................... .............................50 Appendix3 ..................................................................................................................... .............................53 10 Things You Want to Know about Human Nature if you're Fighting Climate Change ........................53 Appendix4 ................................................................................................................... ............................... 57 Energy in the 21st Century: Excerpts from Post Carbon Institute's Energy Primer ... .............................57 Executive Summary In 2009, the Carrboro Board of Aldermen passed a resolution committing the Town to take steps to reduce emissions of greenhouse gases that are causing global climate change. In doing so, and through work leading up to the resolution with other Orange County governments, the Town joined a group of more than 1000 cities, towns and metropolises around the world who are taking part in the Cities for Climate Protection Campaign. The campaign follows a 'Five Milestone' process that includes a greenhouse gas (GHG) emissions inventory, establishment of an emissions reduction target, development and implementation of an action plan to reduce emissions, and monitoring of emissions reductions measures. This document expands on previous efforts, with an emphasis on completion of the second milestone — further articulation of a reduction target, and the third milestone — the drafting of a Local Climate Action Plan. In 2014, Carrboro developed a plan focusing on the Town's municipal operations. This plan is a companion and follow up to that effort with an emphasis on measures that the broader community is asked to take in order to achieve GHG reduction targets. The recommendations offered are intended to reduce greenhouse gas emissions, while raising the community's awareness of and involvement in solutions to global climate change and a post- carbon energy future, adaptation to changes and enhancement of ecosystem resilience. A significant recommendation of this report is for the Town and community to adopt a goal of a 50% reduction in greenhouse gas emissions by 2025, as supported by a broad community campaign. Additional recommendations are provided around the themes of community integration, energy efficiency of buildings, transportation, renewable energy, and ecosystem protection and restoration. Measures outlined in the Plan to reduce greenhouse gas emissions not only contribute to overall climate change mitigation, but can also provide the community with many local benefits such as financial savings through energy efficiency, the creation of newjobs, improved air quality and public health, and a healthier forest and streams. The degree to which the broad campaign advocated for in this plan takes off will depend on many factors. The following direction is suggested to build momentum: 1) focused attention is needed to more rapidly reduce energy use in buildings; 2) similarly, the efforts underway to increase transit, bicycling and pedestrian modes of travel as well as vanpooling, carpooling, and carsharing need to gain even more traction; 3) innovative efforts are needed to support residents with limited opportunities for renewable energy; 4) grass roots efforts and new partnerships need to be fostered; 5) the paradigm for local environmental /ecosystem protection and restoration needs to expand to consider the stress of climate change; and 6) last not but not least, individuals, businesses, and in effect the entire community need to take the recommendations in this report to heart. Research 11 s Land Application of Treated Sewage Sludge: Community Health and Environmental Justice Amy Lowman,' Mary Anne McDonald,' Steve Wing,' and Naeema Muhammad3 'Department of Epidemiology, University of North Carolina, Chapel Hill, Chapel Hill, North Carolina, USA; 'Department of Community and Family Medicine, Duke University, Durham, North Carolina, USA; 'Concerned Citizens of Tillery, Tillery, North Carolina, USA BACKGROUND: In the United States, most of the treated sewage sludge (biosolids) is applied to farmland as a soil amendment. Critics suggest that rules regulating sewage sludge treatment and land application may be insufficient to protect public health and the environment. Neighbors of land application sites report illness following land application events. OB1ECTrvES: We used qualitative research methods to evaluate health and quality of life near land application sites. METHODS: We conducted in -depth interviews with neighbors of land application sites and used qualitative analytic software and team -based methods to analyze interview transcripts and identify themes. RESULTS: Thirty -four people in North Carolina, South Carolina, and Virginia responded to interviews. Key themes were health impacts, environmental impacts, and environmental justice. Over half of the respondents attributed physical symptoms to application events. Most noted offensive sludge odors that interfere with daily activities and opportunities to socialize with family and friends. Several questioned the fairness of disposing of urban waste in rural neighborhoods. Although a few respondents were satisfied with the responsiveness of public officials regarding sludge, many reported a lack of public notification about land application in their neighborhoods, as well as difficulty reporting concerns to public officials and influencing decisions about how the practice is conducted where they live. CONCLUSIONS: Community members are key witnesses of land application events and their poten- tial impacts on health, quality of life, and the environment. Meaningful involvement of community members in decision making about land application of sewage sludge will strengthen environmental health protections. KEY WORDS: biosolids, environmental health, environmental justice, land application, qualitative research, sewage sludge. Environ Health Perspect 121:537 -542 (2013). http: / /dx.doi.org /10.1289/ ehp.1205470 [Online 11 March 20131 In the United States, municipal wastewater must be treated before it is returned to the environment. Sewage sludge is the solid by- product of wastewater treatment. Most of the sludge created by municipal wastewater treat- ment plants in the United States undergoes biological, chemical, or thermal treatment and is then applied to farmland as a soil amend- ment [National Research Council (NRC) 2002]. Treated sewage sludge, also called bio- solids, contains nutrients useful as fertilizers as well as heavy metals, toxicants, and pathogens. U.S. Environmental Protection Agency (EPA) regulations require periodic monitoring of certain heavy metals and indicator bacteria in treated sludge, but there is no routine moni- toring of other toxicants (NRC 2002; U.S. EPA 1994). Most treated sludge is labeled Class B, which has less stringent requirements for pathogen reduction than Class A sludge; the two classes are the same with respect to other contaminants (NRC 2002). Treated sludge is usually applied to land as a liquid spray or solid cake, creating aerosols and dust particles that can drift downwind from the application sites (Baertsch et al. 2007; Paez- Rubio et al. 2007). Some scientists suggest the rules regulat- ing sludge treatment and land application are based on outdated science and may be insuffi- cient to protect public health and the environ- ment (Gattie and Lewis 2004; Harrison and McBride 2008; Harrison et al. 1999, 2006; Lewis and Gattie 2002; Lewis et al. 2002; Mathney 2011; Snyder 2008). Monitoring land application, enforcing regulatory rules, and systematic tracking and investigation of public concerns are often limited by staffing shortages and budget constraints at federal, state, and local levels (Harrison and Eaton 2001; Lowman et al. 2011; U.S. EPA 2000, 2002). The U.S. EPA's Inspector General (U.S. EPA 2000) found that, while EPA promotes land application, EPA can- not assure the public that current land application practices are protective of human health and the environment. Some residents living near land applica- tion sites associate physical symptoms such as mucous membrane irritation, respiratory and gastrointestinal distress, headaches, and skin rashes with land application of sewage sludge (Harrison and Oakes 2002; Lewis et al. 2002; Lowman et al. 2011; Shields 2002). Residents also report foul odors and interference with their quality of life and beneficial use of their property (Lowman et al. 2011; Shields 2002). Although in 2002 the NRC's Committee on Toxicants and Pathogens in Biosolids Applied to Land recommended studying human expo- sure and illness, little research into the experi- ences of persons living near such sites has been conducted since then (NRC 2002). This article reports the results of analyses of qualitative interviews conducted with neigh- bors of sites where sewage sludge is applied to land. Qualitative research is of increasing inter- est in environmental health science, and has been promoted as a useful tool that can com- plement traditional exposure assessment and epidemiologic studies (Brown 2003; Moffatt and Pless- Mulloli 2003; Scammell 2010). Little quantitative research has been con- ducted on the impacts of the land application of treated sewage sludge on neighbors' health because of a lack of systems for surveillance of reported illness (Keil et al. 2011; Lowman et al. 2011), the episodic nature of most appli- cations, and low population density in rural areas. We use qualitative methods to provide detailed information about people's percep- tions of health and quality of life, including temporal sequences of events that may be dif- ficult to ascertain in traditional cross - sectional epidemiologic research. Furthermore, we use qualitative research to understand local and individual factors that may modify a person's experience with the land application of sewage sludge and to place these experiences into a broader context of environmental injustice. Address correspondence to A. Lowman, Department of Epidemiology, University of North Carolina, Campus Box # 8050, Chapel Hill, NC 27599 USA. Telephone: (919) 966 -1306. E-mail: amy—lowman @unc.edu We thank the study participants for their generous contribution of time and thoughtfulness to this research. We also thank the members of the community-based organizations who brought this research topic to our attention and contributed to the development of the research questions. This research was funded by the National Institute of Environmental Health Sciences (grant 5ROlES015469 -02). S.W. provided pro bona testimony in legal proceed- ings related to landfills and provided advice on radia- tion and health for a law firm that made a gift to the University of North Carolina, Chapel Hill. S.W. and A.L. participated in research in 2006 -2007 funded by the Water and Environment Research Foundation (WERE) to develop a protocol for tracking and investigating symptoms reported near sewage sludge land application sites. N.M. is an employee of the Concerned Citizens of Tillery. M.A.M. declares she has no actual or potential competing financial interests. Received 15 May 2012; accepted 28 February 2013. Environmental Health Perspectives • VOLUME 121 1 NUMBER 5 1 May 2013 537 IIIIIIIIIIII Lowman et al. Methods Community members who reported health impacts and nuisances from land - applied sludge near their homes brought this research topic to our attention. We worked with community-based groups in North Carolina and Virginia to identify and invite eligible individuals to respond to an in- depth, semi - structured interview about their experiences living near treated sludge application sites. Some eligible participants contacted us after learning about our research through pub- lic documents or word of mouth. Interview respondents often referred the interviewers to other individuals who were willing to talk about living near sludge application sites. This recruitment method is a type of pur- posive sampling commonly used in qualita- tive research (Merriam 2009; Patton 2002). Rather than using random samples to general- ize findings to populations, purposive sam- pling selects a sample for its ability to provide insight on a research topic (Ulin et al. 2005). Qualitative findings based on purposive sam- pling may be transferable or relevant to other populations if key elements of the population and context are similar to those of the original research (Bernard 2010; Patton 2002). To be eligible for the study, participants needed to be >_ 18 years of age, live within 1 mile of a permitted sewage sludge land application site, speak English, and be will- ing to spend 1 -2 hr responding to a semi - structured, open -ended interview about their experiences living near the site. To show appreciation for interviewees' time, we sent each participant a $25 honorarium. We (all of the authors) had interviewing experience and all of us conducted interviews between 2009 and 2011. We typically inter- viewed in pairs at residents' homes or at pri- vate meeting places of their choosing. We completed part of one interview by phone. Often we interviewed two people together, such as a husband and wife. At the beginning of each interview, we explained the research project and obtained informed signed con- sent from participants to participate in a recorded interview. Interviewers followed a semistructured open -ended discussion guide that included the following topics: partici- pants' history with the community and their land and what these mean to them; common indoor and outdoor activities; observations or concerns about the surrounding natural envi- ronment; perceptions of and experiences with sludge application near their home; individual and community response to the application of sludge; coping mechanisms; and efforts to obtain information, contact authorities, and investigate avenues for action. The guide drew from input from persons living near sludge application sites and from a guide developed for previous research on air pollution from industrial hog operations in North Carolina (Tajik et al. 2008; Wing et al. 2008). Interviews lasted from 45 min to 2 hr. At each interview, participants provided infor- mation about their date of birth, sex, race, and ethnicity. After the interview, research- ers wrote or dictated field notes that included observations of the interview context and other information not captured in the recording; for example, descriptions of participants' homes and yards that provided information on social and economic background, participants' inau- dible reactions that captured depth of feeling on a subject, and observed similarities and dif- ferences among participant responses that con- tributed to the development of themes. When we determined that all interview topics had reached data saturation, that is, when nothing new or contradictory was emerging from the interviews, we concluded data collection. We transcribed recorded interviews and field notes and reviewed them for accuracy. We read and discussed the interviews as they were completed and transcribed so that early interviews informed later ones. This itera- tive process enabled us to identify important themes, note areas where we needed more information, and determine whether there were topics that needed further clarification and additional research (Gibson and Brown 2009; Guest et al. 2012; Patton 2002). As a team, we developed a detailed code - book to analyze the interviews. One team member (A.L.) used Atlas.ti (Scientific Software Development GmbH, Berlin, Germany) to code segments of text from the the interview transcripts and to combine similarly coded passages across all interviews. These grouped passages enabled us to conduct team -based eval- uations of the coding, refine code definitions, examine topics that included a range of experi- ences or opinions, and identify themes and rep- resentative quotations (Guest et al. 2012; Ulin et al. 2005). We based our analytic themes and codes on our interview questions and on domi- nant themes present in participants' responses. Throughout the analysis we referred to the texts to check that our interpretations were consistent with the data (Guest et al. 2012). To further enhance the trustworthiness of our analysis, we solicited feedback from five randomly selected respondents about the three main themes we used to summa- rize our findings and our interpretations of their personal statements. We telephoned the five respondents and presented them with the themes and transcriptions of their interview statements related to those themes. Then we asked whether the themes accurately captured what they said. All five respondents were in complete agreement with the themes and interpretations reported in this article. The research was approved by the institu- tional review boards (IRBs) at The University of North Carolina at Chapel Hill (08 -0813) and The Duke University Medical Center (Pro00016294). In addition to following the IRB- approved protocol for protecting the confidentiality of study participants, we obtained a certificate of confidentiality from the National Institutes of Health to help pro- tect personally identifiable information from being released in any federal, state, or local legal proceedings, even under court order orsubpoena. Results We completed 26 interviews with 34 indi- viduals 35 -83 years of age living in rural and semirural areas within approximately 1 mile of sewage sludge land application sites in North Carolina, South Carolina, and Virginia. Twenty participants were from North Carolina, 6 from South Carolina, and 8 from Virginia. Nineteen interviews were with individuals, 5 with mar- ried couples, 1 with a brother and sister, and 1 with a married couple and a relative. Of the respondents, 17 were male, 17 female, 21 white, 12 African American, and 1 Hispanic. Interviewers observed that most participants lived in modest homes and neighborhoods that could be described as working or middle class, although a few lived in larger, newer homes that could be described as upper - middle class. At the time of the interviews, all but 5 respondents had lived in their homes for 5 years or more. Almost half (16/34) of the respondents had lived in their homes or neighborhoods most of their lives, and 11 lived on property or in neighborhoods where their families had lived for more than a generation. Eleven reported having a background in farm- ing. About half maintained gardens on their property, and many tended outdoor animals, including horses, goats, fowl, and dogs. The study results are categorized accord- ing to key themes identified in the interviews about the experience of living near land - applied sewage sludge fields: health impacts, environmental impacts, and environmental justice. Health impacts. Most respondents felt that sludge applications had a negative impact on some aspect of their health. The World Health Organization (WHO) defines health as a state of well- being, and not just the absence of disease (WHO 1948). We drew on this definition to categorize respondents' remarks on health impacts into the following subthemes: physical well- being, mental well- being, and social well- being. Physical well- being. Nearly all respon- dents (30/34) described offensive odors asso- ciated with sludge. The extent to which the odor affected the respondents varied. Some described it as "unbearable," others as an odor they "got used to," and one respondent said, "it don't bother me." Respondents reported 538 VOLUME 121 1 NUMBER 51 May 2013 • Environmental Health Perspectives they notice sludge odor for periods lasting from 2 days to 6 months after application. Over half (18/34) of the interview respon- dents associated acute physical symptoms that lasted a short period of time with sludge application events near their home (Table 1). The most commonly reported symptoms were eye, nose, and throat irritations and gastro- intestinal symptoms (nausea, vomiting, diar- rhea). Other symptoms reported by more than one respondent include cough, difficulty breathing, sinus congestion or drainage, and skin infections or sores. One respondent described recurring physi- cal reactions coincident with sludge applications near her home: All I know is [the sludge] will make your eyes burn. It will make your throat burn. And then you'll start coughing, and after that, you can't breathe. And that's when I go to the doctors. A farmer and long -time resident described the nauseating effects of sludge odor: The stench it would actually make you sick. It takes a lot to bother me, but it certainly got to me. I'd get nauseated after being out for about an hour in the morning. Other physical symptoms or conditions that were mentioned by no more than one respondent include pneumonia, swelling of brain arteries, increased seizures, temporary blindness, swollen tongue, closed throat, lung infection, and migraine. A few respondents expressed concern that they or their family members have chronic health problems, such as asthma or cancer, that make them more sensitive to harmful constit- uents in sludge. The parents of a child with chronic respiratory problems said they keep him indoors as long as sludge odors from a neighbor- ing field are present —up to 2 or 3 months —to protect him from possible airborne pollutants. Mental well- being. Over half of the respondents (18/34) said sludge application in their neighborhoods stirred unsettling emo- tions, including anger, frustration, misery, fear, worry, anxiety, insecurity, and helplessness. Respondents most commonly expressed anger related to not being informed about sludge application in their neighborhood, reckless sludge truck drivers, regulators who seem unconcerned with violations of land applica- tion rules, public officials who do not respond to reported concerns, and health impacts. A woman who reported that she and other family members get sick after nearby sludge applications described the emotional impact of sludge this way: I'm bitter and frustrated and angry because [sludge] is affecting my family .... And it's going to alter the rest of their lives because of something that's been laid down next to them that we knew nothing about, and had no control over. Sewage sludge, health, and environmental justice Malodor from sludge seemed to affect some respondents' mental states. As one interviewee said, I'm outside cutting grass or working in the garden and constantly smelling that [sludge] .... Your atti- tude changes by disturbances in your environment. A war veteran with posttraumatic stress dis- order reported experiencing flashbacks from sludge odor reminiscent of the smell of burning waste in a warzone: [Sludge] is not just a nuisance; it's a medical prob- lem for me .... I am not able to get myself to a place where I can begin to heal if they're constantly driving me backwards ... every time I've got to walk out of my house and smell the freaking warzone. Most respondents (26/34) shared ways that sludge odor and other related nuisances inter- fere with their enjoyment of home, property, and the outdoors. One long -time rural resident who joined her husband in the country after they married volunteered this common senti- ment about the impact of sludge odor on her home life: I don't want to come home because when we come home, we're Locked in the house. My husband says, "This is not the same. It's just not the same. We can't really enjoy where we live." Social well- being. Some respondents (8/34) said sludge odors disrupt their oppor- tunities to socialize with family and friends. Several lamented they are unable to spend time walking, playing, eating, or sitting out- side as a family when sludge odor is present. One father said, We have a gazebo outside. We sit outside. At least, that was our conversation in planning it. Family - ness. And [sludge] took that away. A few respondents said they refuse visits from extended family members because of the intensity of the sludge odor and concerns about its health impacts. A mother and grand- mother said, My daughter wants to come up with the grandkids, with the family —1 won't let her come when they're sludging. She got so hurt one year. "Mommy, we're coming for a week." I said, "No, you can't." Others said sludge odors interfere with social gatherings. One respondent whose fam- ily has lived in his neighborhood for genera- tions recalled, They first put [sludge] out right before the Fourth of July .... We had to put our plans to the side on doing something on the outside. We usually have cookouts, but you can't cook out in nothing like that. A total of 22 respondents named specific activities they are unable to do because of malodor from sludge during and for up to several months after a sludge application event (Table 2). The most frequently mentioned activity limitations were letting children play outdoors, opening house and car windows, and hosting relatives or outdoor social gath- erings. Others include line -drying laundry, walking freely around the neighborhood, gar- dening or working outside, sitting outside as a family, and staying home. A few respon- dents described ways of coping with the odor so they could continue their usual activities. One woman said she wears a mask to do barn chores when sludge odor is strong. Another said she wears a mask to leave the house when the odor is present. Environmental impacts. Over half of the interview respondents (18/34) reported observ- ing land application activities of environmen- tal concern to them. The most commonly reported concerns include sludge spillage on public roadways and private property, grazing cattle on land- applied pasture soon after appli- cation, the absence of signage at land appli- cation sites, and sludge runoff into surface waters. Table 3 lists these and other observa- tions of concern to respondents, as well as the number of respondents who reported them. In some cases, self- informed respondents said that the land application activities they observed were violations of state standards and that they attempted to report them to officials. In other cases, respondents had no knowledge of their state's land application standards. About one -third of the respondents (12/34) said they noticed changes in the natu- ral environment since sludge application began Table 1. Acute (short duration) physical symp- toms respondents attributed to sludge exposure (n = 18/34 respondents). Let children play outdoors No. of respondents Acute symptom reporting symptom Eye, nose, throat irritation 8 Nausea, vomiting, diarrhea 8 Cough 5 Difficulty breathing 4 Sinus congestion, drainage 4 Skin infection, irritation, sore 2 Table 2. Activities respondents said they are unable to do because of malodor from sludge during and for up to several months after a sludge application event (n = 22/34 respondents). No. of respondents reporting activity Activity limitation Let children play outdoors 8 Open house/car windows 8 Host relatives or outdoor social 6 gatherings Line -dry laundry 5 Walk freely around the neighborhood 5 Garden or work outside 4 Sit outside as a family 3 Stay home 3 Environmental Health Perspectives • VOLUME 121 1 NUMBER 51 May 2013 539 IIIIIIIIIIII IIIIIIIIIIII Lowman et al. in their neighborhood. For example, seven respondents said they noticed more deaths and illness among livestock and water life: I Look at the sludge on this slope—when they put it out, if it rains, this water flows down in this branch .... Now there is no fish or anything that lives in these little branches. No crawdads, anything .... When I was growing up, we'd go there and I would fish for them and so forth. But all this is gone .... So that is saying something has killed all this stuff. Five respondents reported a change in pri- vate well water since applications began near their homes, such as the presence of chemicals, "green slime," bacteria, or odor. One report came from a man whose property is adjacent to a land application site: My well ... water had an awful smell to it, and a green slime ... like three months [after sludge appli- cation] .... Before they [applied sludge], I had lived here ... two and a half years. Without a problem. Environmental] stice. The U.S. EPA (2012) defines environmental justice as the "fair treatment and meaningful involvement of all people ... with respect to the develop- ment, implementation, and enforcement of environmental laws, regulations, and policies." Seventeen of 34 respondents indicated they live near sludge application fields that are owned by individuals or entities, including municipalities, who do not live in the commu- nity. In light of this, some said their rural or semirural community was being used unfairly as a "dumping ground" for city waste and that they were left to deal with the odor, health problems, and other nuisances that come with it. Four respondents suggested they may be treated inequitably when sites are selected for land application because of their rural and lower income status: They've just got to have somewhere to dump the stuff, and the rural communities, where you've got low income people who aren't able to fight for them- selves and stuff like that. That could be some of it. Related to the "meaningful involvement" component of environmental justice, most respondents described barriers to obtain- ing information about sludge application in their neighborhood, reporting concerns and problems to public officials, and influencing decisions about the use of sludge where they live. We used these three aspects of "meaning- ful involvement" to categorize what respon- dents said on the topic into three subthemes: public notification, reporting concerns, and influencing decisions. Public notification. All respondents told us that neither public officials nor land appli- ers directly informed them that sewage sludge from wastewater treatment plants would be applied near their homes. Nearly all expressed disappointment about this. One respondent who reported sludge odors that smelled like "death" and blamed sludge for contaminat- ing his well water described resentment that nobody informed him that a neighboring city would apply sewage sludge a few hundred feet from his home: We have no knowledge about this, so therefore we're not prepared for the surprises that may come .... If somebody wants to come out here and explain something to us and it sounds common sense and Legit, we'll listen. Don't do us like you're doing us now. A few respondents mentioned that some municipalities or land appliers post signs to inform the public that land application is occurring but that it is not an effective form of notification because the signs are often difficult to see and interpret. One respondent described a "crumpled up and rusty sign down on the ground." He said new signs have since been posted but they are not posted at every "sludge field." Another respondent said she saw a sign by a field in the early days of land application near her home, but at the time she did not understand the terms on the sign, such as "bio- solids, " residuals, " and "Nutriblend," which she interpreted to mean they were "applying vitamins." Others noted that signs were too small or in obscure places, listed incorrect or no contact information, were not posted far enough in advance of application for residents to be prepared, or were present for only a few days rather than the entire application period, which made them easy to miss. Six respondents volunteered that they had not seen signs mark- ing fields where land application was occurring. Lacking information about land applica- tion of sewage sludge, interviewees spoke about their efforts to find out about it. Some said Table 3. Number of respondents reporting observations of environmental concern (n = 18/34 respondents) regarding land application operations. No. of respondents Reported observation reporting observation Sludge spillage on road, path, or property 9 Cattle grazing <30 days after an application event 7 No signage marking application sites during and after application events 6 Sludge runoff into surface waters 5 Sludge in buffer zones (e.g., across property lines, near ditches, gardens, and private wells) 4 Failure of sludge to assimilate into soil 3 Unmarked application boundaries 2 Application during rain event 2 Application in critical watershed 1 they discussed it with neighbors. At least seven made calls to public officials. Three of the seven said they received straightforward answers about land application of sewage sludge from public officials. Four described difficulty reach- ing officials and receiving satisfactory answers. For example, they described being trans- ferred on the telephone multiple times and never reaching anyone who would give them straight answers. They said officials responded to their inquiries about sludge with ambiguous statements, such as "it's safe," "it's a farming experiment," "it's a special fertilizer," or "it's approved." One woman said that she and her neighbors did not learn the truth about what was being applied in their neighborhood for several years after she first asked a local waste- water treatment official about it. Residents of a different neighborhood reported that when public officials evaded their questions about sludge, they resorted to following sludge trucks to find out what they were hauling. Reporting concerns. Fourteen respon- dents said they reported specific sludge - related concerns to officials, including offensive odors, land application in the rain, sludge run -off into drinking water sources, land applica- tion in critical watersheds, sludge that fails to assimilate in the soil, suspected well water contamination, reckless sludge trucks, health problems concurrent with sludge application, sensitivity of children and elderly to sludge due to respiratory infections and an immuno- compromised condition, inaccuracies in state land application records, and questions about the heavy metals content or general safety of the sludge. A few respondents reported improvements in the land application practice over time and said officials and operators had responded to their concerns by respecting set- back distances, using alternate driving routes, slowing down trucks hauling sludge, posting correct contact information on land applica- tion signs, and returning their phone calls requesting information. Nearly all (13/14) respondents who reported concerns registered dissatisfaction overall with the response from officials, saying they "do nothing," "don't listen to the people," answer to the industry rather than the people, "beat around the bush," "sidestep stuff," "deny there's a problem," "don't investigate con- cerns," "don't keep their word," don't answer their phones, try to cover things up, say contra- dictory things about the constituents of sludge, act "like they don't care," and have no interest in doctors' letters stating it is unsafe for their patient to be exposed to sludge. Influencing decisions. One respondent described feeling "powerless" to influence land application in his community because all the power and control are with the sludge indus- try, and local leadership will not or cannot do anything to change the practice. Similar 540 VOLUME 121 1 NUMBER 51 May 2013 • Environmental Health Perspectives frustration was expressed in other interviews. For example, a respondent from Virginia said the Dillon Rule, a judicial doctrine that limits local government authority in Virginia, North Carolina, and other states (Clay 1989), pre- vents her local government from establishing rules and regulations governing land applica- tion where she lives. She felt that it was unfair to favor one land owner who wants to use sludge when the majority of the community is opposed to it. She added, The industry has all the control. Because they can pull up application, or they can lay it down. And they don't care. As long as they've got permission to do it, they're going to do it. In spite of perceived barriers to influenc- ing land application decisions, over half of the interviewees (19/34) described changes they would like the industry to make to improve public notification and enhance public and environmental protections. First, several respondents suggested public officials should directly notify residents within 1 mile of sludge fields before the first and subsequent land application events. A few said residents should be given the opportunity before land applica- tion events to inform public officials of house- hold members with health conditions, such as a respiratory illness or weakened immune system, so that an injection method of land application can be used to better safeguard their health, or so application at the site can be suspended. Some respondents who reported poorly visible signs near sludge fields or who reported seeing no signs at all suggested that land appli- ers post large visible signs 2 weeks before application and for the duration of the event. Respondents said this would allow them to prepare for the event and take necessary safety precautions for their family and animals. Also related to public notifications, some respon- dents said they would like to receive the results of sludge testing from the wastewater treat- ment plants that apply waste near their homes in order to monitor concentrations of harmful constituents and possible concerns. Respondents concerned about well water contamination said the city should provide water to residents in land application areas or offer free periodic testing of their private well water to evaluate its safety. A few respondents said application in a critical watershed and land application before forecasted rain events should be prohibited. If the latter should occur, respondents said the sludge should be tilled under immediately following application to prevent runoff. Some respondents also felt that land application should not occur under windy conditions because of the increased likelihood of exposing neighbors to migrating pollut- ants. Generally speaking, respondents who were aware of land application rules and who reported violations said that better enforcement Sewage sludge, health, and environmental justice of existing rules is needed to protect human and environmental health. Respondents who felt there were conflicts of interest in land application governance and practice that undermine human health and the environment said these should be mini- mized by contracting with independent sci- entists to perform and report soil and sludge batch testing; funding independent, formal research about health and environmental impacts of sludge application; prohibiting state and local health departments and the U.S. EPA from promoting land application; and making government employees respon- sible for telling residents the truth about land application. Finally, a few respondents said they would like the land application industry to improve and maintain roads damaged by the frequent travel of heavy sludge trucks. Overall, eight respondents said they would like land application to stop, either indefinitely or until independent research can "prove it's safe" for human health and the environment. Discussion We used qualitative research methods to enhance understanding of the impacts of land - applied sewage sludge on the health and qual- ity of life of nearby populations. Respondents reported symptoms consistent with findings from earlier studies that report neighbors of land application sites experience physical reac- tions to land- applied sludge (Gattie and Lewis 2004; Lewis et al. 2002). Confined animal feeding operations (CAFOs) also apply liquid wastes and sludge to farmland. CAFO neigh- bors describe health impacts similar to those reported by neighbors of land - applied sew- age sludge (Butlers 2005; Horton et al. 2009; Radon et al. 2007; Schiffman 1998; Schiffman et al. 2000; Schinasi et al. 2011; Tajik et al. 2008; Thu 2002; Thu et al. 1997; Wing and Wolf 2000; Wing et al. 2008). The overlap of hazardous agents in CAFO waste and treated sewage sludge, including odorant compounds, endotoxins, and other allergens and irritants, suggests that similar community health impacts are plausible (Lewis et al. 2002). Respondents also reported adverse impacts on their mental and social well-being and on the surrounding natural environment. Some said they observed sludge spillage on public roadways and private property, grazing cattle on land - applied pasture soon after applica- tion, and sludge runoff into surface waters. These and other land application activities that respondents said they witnessed are vio- lations of land application standards in one or more of the three states represented in this study (Harrison and Eaton 2001; North Carolina Department of Environment and Natural Resources 2006; South Carolina Department of Health and Environmental Control 2009; Virginia Department of Environmental Quality 2011), highlighting the need for stricter enforcement of standards. Respondents also described environmental injustices related to land application of sewage sludge, including barriers to participating in decisions about how the practice is conducted in their neighborhood. Land application of sewage sludge is part of a larger context of envi- ronmental injustice that characterizes relation- ships between urban areas that create wastes and nearby rural areas that receive the wastes. In addition to sewage sludge, urban wastes disposed in rural and semirural communities include municipal solid wastes, construction and demolition debris, and industrial wastes (Norton et al. 2007). Jones (2011) describes the urban —rural dimension of environmental injustice this way: For the majority of Americans who live in metro- politan areas, rural dumping becomes a logical choice: undeveloped land is inexpensive and avail- able, fewer residents will be harmed should con- tainment measures fail, and, most importantly, nuisances and dangers are removed from their own neighborhoods. This report does not include everything respondents said about living near sludge appli- cation sites; rather it represents the dominant themes that we identified in the open -ended interviews. There were few positive remarks about sludge and the response of industry and government officials to residents' concerns, possibly because of our method of recruiting participants. We asked community contacts to help us identify people who could pro- vide information on the subject of living near sludge application sites. Although we did not ask for referrals to people who had problems with sludge, people with negative opinions of the practice may share local social networks, which could lead to their perspectives being overrepresented. Alternatively, some rural resi- dents who have been negatively affected by land application of sludge may be unwilling to speak out or participate in research because they fear retribution from influential land owners or government officials who benefit from sludge application and control rental property, access to resources, or jobs. In addition, we are unable to report the numbers of respondents who had similar or opposing views or experiences for all interview topics because we obtained the information through open -ended interviews that did not probe the participants to respond to a list of standardized questions. Our study was not designed to quantify the prevalence or incidence of reported symptoms, health impacts and other concerns in populations near land application sites. Our study does demonstrate that people of diverse backgrounds who live in three dif- ferent states raised health and environmental concerns about land application. Similarities Environmental Health Perspectives • VOLUME 121 1 NUMBER 51 May 2013 541 IIIIIIIIIIII IIIIIIIIIIII Lowman et al. in participant statements, issues raised, and terminology used suggest that the health and environmental issues identified here warrant attention from environmental health scien- tists and public health officials. Although dif- ferences in the composition and treatment of sewage sludge, land application methods, and geographic features of application sites make the transferability of results to other locations uncertain, case reports indicate that similar health and quality of life issues are raised in other states and countries (Harrison and Oakes 2002; Lewis et al. 2002; Lowman et al. 2011; Shields 2002). Conclusion Most respondents suggested that if land appli- cation continues, it should be conducted in a more just and democratic way-one that informs people who may be affected by the application before it occurs, takes commu- nity input seriously and adapts the practice accordingly, and ensures that people and their environment are kept safe from harm. Phil Brown (2003), a professor of sociology at Brown University who has studied contami- nated communities worldwide, concluded, Virtually all cases of contaminated communities are detected by lay discovery, largely because affected populations tend to notice environmental prob- lems. As well, scientists and government agencies are not usually carrying out routine surveillance tbat would detect such problems. Surveillance and monitoring of land application of sewage sludge is limited, and enforcement of the rules is weak (Harrison and Eaton 2001; Lowman et al. 2011; U.S. EPA 2000, 2002). Community members are key witnesses of land application events and their potential impacts on health, quality of life, and the environment. As such, they may consider documenting their experiences by taking photo- graphs and keeping diaries with dates, times, and descriptions of application events, truck traffic, odor, physical reactions, environmental impacts, or other observations. 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Environ Health Perspect 108:233 -238. 542 VOLUME 121 1 NUMBER 51 May 2013 • Environmental Health Perspectives BY )IE TErg1gT zou Colter for Publiclratekriiy Three years ago, pulp and paper company Dommar un- veiled a "state -of- the -art" addi- tion to its plant in Plymouth, North Carolina, where waste would be transformed into eco- friendly energy. Domtar, based in Fort Mi11, S.C., touted the facility as the only one of its kind in the Unit- ed States and said it would pro- duce 75 toms a day of a fossil - fuel alternative by refining a molasses -like rnbiture of pro- cessed pine chips. Company officials claimed it would do so without significantly increasing air pollution. But it wasn't until August 2014 that Dorntar notified North Carolina's Department of Environmental Quality about excessive eni.ssions of hydrogen This Dorntar mill in Plymouth was one of more than a dozen [Jorth Carolina facilities flagged by the SEE ENFORCE, 2E Environmental Protection Agency in a May letter criticizing state Clean Air Act enforcement. sulfide and other toxic compounds at the new plant, even though the company had begun notic- ing pollution spikes the year before. Hydrogen sulfide is so dangerous that it can cause instant death in high concentrations; it skews the memory and dulls.the sense of smell in lower amounts. In 2014, the Plymouth site released more than 130,000 pounds of the gas — up 78, percent from 2013, ac- cording to the U.S. Envi- ronmental Protection Agency. Domtar was one of more than a dozen North Carolina facilities flagged by the EPA in a May letter to DEQ Secretary Donald van der Vaart. The letter, obtained by the Center for Public Integrity under the Freedom of Information Act, criticized the state agency for its reluctance to go after repeat offend- ers and its pattern of issu- ing few violation notices and paltry fines. The EPA blamed the DEQ's lacklus- ter performance on 2011 state laws that provide polluters with "greater opportunity for informally resolving" violations and a "tiered enforcement pol- icy" that has led to fewer penalties. Congress passed the Clean Air Act in 1970 with a pledge to protect public health, and the law has been largely successful at driving down emissions even as the economy has grown - reducing six common air pollutants by nearly 70 percent. The act relies on coop- eration between federal and state regulators. But experts, including some at the, EPA, say its benefits aren't being fully realized because enforcement remains wildly inconsis- Domtarr tent. The EPA has had trou- ble coordinating with recalcitrant states and territories, which are re- sponsible for day -to -day policing despite significant federal and state cutbacks. Incomplete and inaccurate data supplied by states to the EPA complicates at- tempts to identify problem are as. The scarcity of data prompted the Center for Public Integrity to file public- records requests with all 50 states, the EPA and the U.S. Census Bu- reau, to try to assess Clean Air Act enforcement na- tionwide. The Center found that 40 state environmental agencies have reduced regulator head counts in recent years, even as fed- eral and state responsib- ilities have proliferated. North Carolina's DEQ has suffered some of the deep- est cuts, its 2014 envi- ronmental workforce cut by a third from 2008 lev- els,. In Illinois and Arizona, staffing has fallen by more than a third since 2007:' New York's workforce has been cut by nearly a quar ter, Michigan's by a fifth. N.C. ENFORCEMENT The Clean Air Act itself remains contentious. North Carolina is among 27 states suing the EPA to block the Clean Power Plan, a cornerstone of President Obama's cli- mate policy that would use the act to curb emissions at coal -fired power plants. Van der Vaart, known for continuing a business friendly approach to reg- ulation first fostered by his predecessor, has called the plan a federal "take- over." Three of North Car- olina's coal -fired power plants were among the nation's top 100 emitters . of greenhouse -gases in 2014, a Center analysis found. Domtar's Plymouth facility ranked in the top 200 for toxic air emitters nationwide. THE SYSTEM COS STRETCHED, THINNER AND THINNER AND THINNER. Shari Filson, deputy assistant administrator for the EPA's enforcement division Yet, by the EPA's count, air- related penalties at the DEQ dropped 93 percent from 2011 to 2014, while enforcement actions de- creased by51 percent. The DEQ fined Domtar $100,000 in June 2015 for air violations but the Plymouth biofuel plant has been allowed to con- tinue to operate despite lacking the proper permit. Such a document would cap the facility's emissions and set other operational conditions. This summer, state regulators gave Domtar another pass, giving the company until November to submit a permit application that was due in September. A Domtar spokesman said the company is "working diligently with the state." The DEQ's Stephanie Hawco declined to re- spond to questions from the Center and said the agency will reply to the EPA's May letter later this fall. Hawco also declined to answer questions about Domtar, saying only that "DEQ has protected pub- lic health by ... ensuring [Domtar is] on a path toward getting into com- pliance." Van der Vaart, in an opinion article published last year in The Charlotte Observer, defended the administration's approach to regulating pollution. He said success shouldn't be measured in terms of how many re- strictions are imposed. He said advancements in technology make it impor- tart to constantly review the science behind envi- ronmental protections and to make sure the public's money is effectively spent. Recent laws have made it easier for polluters to avoid penalties if they report violations to state regulators first. FEWER COPS ON THE BEAT Heads of state agencies are typically nominated by governors, while budgets are subject to gubernato- rial approval - throwing regulators into the politi- cal fray. John Quigley was forced out as chief of Pennsylvania's' Department of Environmental Protection in May after a profanity - filled email he sent to activists raised questions about his ob- jectivity in a big oil and gas state. Though hand- picked for the position by Gov. Tom Wolf; a Democrat, Quigley barely lasted a year and a half on the job. Quigley was vocal about deep cutbacks at his agen- cy. Last year, the EPA flagged the DEP for inadequate air- enforcement staffing. New York's Department of Environmental Conser- vation has fewer than 2,900 full -time employ- ees, down from 3,775 in 2007. Last year, the DEC referred just 85 air - related cases for enforcement in civil courts, compared to 467 in 2007. Its flat - lining budget was the subject of a 2014 report by the state comptroller, who warned that unchecked emissions would put residents at greater risk of death and illnesses such as cancer and asthma. "It's pretty clear they're doing less with less," said Peter Iwanowicz, a former DEC acting commissioner who now heads the Alba- ny-based Environmental' Advocates of New York.` 2=KJ Florida's Department of Environmental Protection has faced a slide nearly identical to New York's, even as the state's econo- my has grown. The agency employs just over 2,900 people, compared to 3,600 in 2007. Repub- lican Gov. Rick Scott — who reportedly prohibited state workers from using the terms "climate change" or "global warming" — has touted shorter turnaround times for permits as a sign of greater efficiency. But Florida's chapter of Public Employees for Environmental Responsibility, which advocates for stronger enforcement, blamed Scott's business- friendly politics for a "severely crippled" department that allows polluters to skirt citations. The group's annual report-found that 18 air - pollution enforce7 ment cases were opened in 2015, compared to an annual average of 93 in previous decades. Bill Becker, director of the National Association of Clean Air Agencies, testified before Congress in March that states have borne the brunt of re- duced federal funding. While the Clean Air Act calls for federal grants to cover up to 60 percent of state air programs, in reality states have shoul- dered 75 percent of the costs. The gap has caused "agencies to reduce or eliminate important air pollution programs, post - pone. necessary air -mon- itoring expenditures and even reduce their work - forces," Becker said. Shari Wilson, deputy assistant administrator for the EPA's enforcement division, said in an interview that the impacts of state budget shortfalls are magnified by increas- ing numbers of facilities and regulations. The In a written statement, the EPA said that its rela- system gets stretched, tionship with the states is thinner and thinner and strong." But it provided thinner," she said. few internal records on The EPA itself has been state performance re- pared down. Its full -time ' quested by the Center. workforce is under 14,400 The documents it pro - employees, down from duced show that it's not 16,600 a decade ago. uncommon for enforce - Staffing across all 10 re- ment inadequacies to go gional EPA offices — _ = unresolved long after which work directly with they've been identified. states — has also declined. ", While the EPA has re- STARK DIFFERENCES sisted recommendations to radically shake up over BETWEEN STATES sight of states, it has tried ' people the dozens of people other ways to improve. Its interviewed for this n'' ,. nascent Next Generation no two could agree on = l Compliance strategy is which states or EPA re- aimed at boosting enforce- gions were excelling or ment with enhanced failing. Annual enforce - J tracking that enables facil- ment metrics provided by _ 3 ities to "identify and fix states — such as inspec- pollution problems before tions, violations and pe- they become violations," nalties — are riddled with the EPA says. "widespread and persist - The agency has visited ent data inaccuracy and 20 states to promote incompleteness ... which "Next Gen" and has given make it hard to identify 11 funds for infrared cam - when serious problems eras that detect otherwise exist or to track state ac invisible pollution. Efforts tions," the EPA wrote in a� to beef up air monitoring 2013-memo. are crucial, says the The EPA's Office of American Lung ' Inspector General has kj Association, because repeatedly raised concerns fewer than a third of U.S. over uneven enforcement counties have smog or Ina 2011 audit, the office particle- pollution mon- found - that even top -per- itors, leaving many con- forming state agencies munities in the dark about ' failed to meet EPA goals basic air quality. for basic duties like in- Janice Nolen, an spections and wrote that A assistant vice president of the EPA "cannot assure national policy at the asso- that Americans in all ciation, said underfunded = states are equally protect- .' states may not want to ed from the health effects ' expand monitoring. of pollution." "When you put a mon- Auditor Kathlene Butler itor in a place and it shows ` said in an interview that a problem," she said, the differences among the "then something's got to states were stark. "It be done." - seemed some states were very clear on what was jie Jenny Zou is a reporter expected of them in terms with the Center for Public of performance from the Integrity, a nonprofit [EPA] region," she said.. investigative news "Other states knew there organization in was an ability to nego- , Washington, D.C. tiate." IIII e e [':,7o, e r, i�/i , ig Ih� 4l, r, r, i�/t a iii ii e �� iir, a il k-IMMMU LIIIVUYII LIM I Vl%=,�L, IIVVUIIIY �LMCIIII KJCIMV�, �[AILLINly Li%=%= LI landscape. Twenty years later, the Office of the Duke Forest is remembering this historic hurricane and considering its long term effects on the Forest. Durham Judd reached the Duke Forest and met u e e s a - cLsuydenu_�en It was surprising howsignificant the damage was... When I got to Durham, there were trees down everywhere. I got to the end of Lemur Lone, and I couldn't even get to the [Duke Forest Maintenance] Shop because trees were drawn... The first thing to do was cut through the trees to get to the Lemur Center. After opening up the roads to the Shop and the Lemur Center, Duke Forest staff regrouped and more than 1,400 trees down across 35 miles of roads. Fallen trees had also damaged several structures including the Bobby Ross, Jr. Memorial Picnic imyea r A'.8 Intense rainfall led to flooding that overtopped the Wooden Bridge inside the Korstian Division - a bridge that normally sits 15 feet above New Hope Creek. High waters eroded "rip rap the stabiliz- ing gravel and rocks that reinforce the banks around bridges. Most damage was concentrated along northeast-facing slopes in the Duke Forest's Durham and Korstian Divisions, which faced the eye of the storm. After consulting with the Duke Forest Advisory Committee and Duke University administrators, Judd and his team decided to officially close the Duke Forest. Portions of the Forest remained closed for three to six months following the storm. (continued on nextpage) Bobby Ross Jr. Memorial Shelter Splintered tree trunk Though Duke Forest has recovered from the devastation, Hurricane Fran's effects will remain visible for decades. The tip-up mounds and decaying tree trunks linger, and long-time But we did the right set of things. Now we know what to do in the future! Oine iraiiiiiii 4)iirogiiraiirn ods for collecting mosquitoes and ticks, including installing chemical lure traps and performing tick drags. The Duke Forest sessions were )cart of a lar,# er trainin�� on vector biolo Y—INild-caw0t and tecWL*�ues for contrffLnrlo mosquito and tick-borne diseases. — Feedback from the Field-, - Dr. Gregory Gray (Duke University) East, Duke Forest may be the first real forest they have experienced. They are, as one can imagine, suitably impressed. - Dr. Michael Reiskind (NC State University) During the field sessions in Duke Forest, One Health students set up chemical lures to trap adult mosquitoes and perform tick drags to collect ticks. Malak Al Masri, a Lebanese research scientist, examines a tick specimen collect- ed from Duke Forest during the 2076 Duke One Health Training Program. �Ieseaiird�,i aind ead�,fling July 2015 - June 2016 Four new monitoring wells installed at the McGlynn Lob research site include one depth to bedrock well of 83 feet and 3 shallower wells ofabout 74 feet each. Waterlevel sensors are actively collecting data that help researchers understand groundwater recharge. ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® "11111gagernein't & Outiiread�,i and outreach about natural resources and forest management. This yea staff delivered lectures or workshops at several public and orofessional meetinQs- includinQ the 9th Annual Student Society of American Foresters Symposium: A Closer Look at Forest Certification and at a worksh . qN � a American Land Retention project. We brought the forest to the kids at a Durham Public Library event and (iplivprpd a field tour for DrespntprS DartiCiDa iw in Viikp'- Fnx/ironmpntal Art-�, nd Htimanitips Wcc,_�Iiop, bliWjcL, workskof,. Y6&�r i�h�ri Revi�ew July 2015 - June 2016 Duke Forest Natural Heritage Monitoring Program FINDOUTMORE FSC 7 4L4hJ& AL DUKE FOREST Teaching & Research Laboratory ESTABLISHED 19,31 Office of the Duke Forest • Duke University • Box 90332 • Durham, NC 27708 -0332 NonProfit Organization U.S. Postage PAID Durham, N.C. Permit No. 60 BY MELISSA MCHALE ong after the floods recede, and the wires are repaired, residents of the Triangle will continue to deal with the aftermath of Hurricane Matthew. The focus of our attention: all of those trees! We are living in a heavily treed urban area, to say the least. In fact, Raleigh boasts 60 percent tree cover, compared to the 20 percent average tree cover for cities across the United States. Some residents will be mourning the loss of their "big old friend" - that tree which held a playhouse adored by local children. Others may be silently cursing their high canopy coverage, while raking vegetative debris toward the street for the next several weeks. And others may even go a step furth- er, and begin to blame all of their neighbors for keeping those "hazards to society" on their proper- ties in the first place. No matter what end of the "tree hugger /hater" spectrum you find yourself on, it is important that we think through our personal landscaping decisions carefully. A majority of the land area in most cities, especially in sprawling urban areas, is dedicated to residential neighbor- hoods. This basic fact means that each and every one of us plays a role in how our cities look, feel, and function. Research across the U.S., and in our own back- yard, shows how many benefits we receive from our urban forests (ecol- ogists call these benefits "ecosystem services "). It is undeniable that trees provide us with hidden services that can easily be taken for granted on the 2-IJI i6 daily basis. For instance, at large scales trees can have a positive impact on air and water quality. At a more localized level there are many days in which those trees save us from the sun on boiling summer afternoons. Moreover, don't underestimate the ways in which trees may impact your personal well- being, as there is increas- ing evidence that trees can improve our physical and mental health. With all of these trees around us, it may seem like our urban forests are not in any particular dan- ger; however, a study out of N.C. State a few years ago has already shown that the "city of oaks may not be boasting about its tree cover in the near future. Urbanization and climate change threaten the extensive tree cover in our cities, not to mention the provisioning of ecosys- tem services associated with their presence. Further, we know that many of our minority and low - income communities are not as well -treed and therefore not at the receiv- ing end of all of these urban forest benefits. Right now they might instead be struggling with the costs associated with maintaining a mature urban forest. Where does this leave us post - Matthew? Well, we know from casual anecdotes that Hurricane Fran led to the death of many healthy trees - a mass assassination event that the insurance compa- nies were keen to support. We also know that in the aftermath of an extreme event, it is easy to be reac- tionary about the costs we may not have been pre- pared to incur. I suspect that our urban forests are in more danger than we had predicted in the past. Let me be honest: If you want to get rid of that red maple that dropped a branch on your car, you probably should. But in the next few months try and also pay attention to what the trees do for you - from the simple things in life like enjoying those beautiful fall colors, to some of the more complex ways in which these urban forests might be providing' you with ecosystem servic- es you don't normally pay attention to. p And when you are done raking up the debris or cursing the fallen heroes N in our landscapes, inquire about getting those import tant wires underground so that you don't fret about them in the next storm; be, proactive about the trees needing maintenance on your property so they are ._ not a hazard during storms; donate time or money toward organiza- tions that work in low - income communities, either helping them with the clean up or the green up; and most simply, plant a tree and think carefully about choosing an appro- priate species and a suit- able location. In all of these ways and more we can be a part of creating a healthy urban forest for future gener- ations living in the Trian- gle. Melissa McHale is an associate professor of Urban Ecology at N.C. State University. ht_t_pWwww.utilitydive.com/ November 4, 2016 P E Utility ,, Dept. of Transportation unveils national electric vehicle charging network EV drivers can expect a charging station about every 50 miles on a new network of interstate highways announced by the Department of Transportation. -Moving to support the electrification of the transportation sector and to reduce greenhouse gas emissions, the federal government this week announced 55 routes that will serve as the basis for a national network of "alternative fuel" corridors spanning 35 states. -The U.S. Department of Transportation's Federal Highway Administration (FHWA) issued a request in July for states to nominate new fuel corridors. The network announced Wednesday is almost 85,000 miles long. -Corridors where alternative fuel stations are already in operation will be eligible for new signs alerting drivers to refueling opportunities. The network will include fuel for electric, hydrogen, propane and natural gas vehicles. As the United States looks ahead to environmental and emissions commitments, decarbonization of the transportation sector will play an essential role. Transportation is the largest greenhouse gas emitter in the country, outpacing the power sector for the first time this year. Because of that, cleaner transportation will play a huge role in helping the U.S. meet its pledge to cut greenhouse gas emissions by 80% or more by 2050. One way to clear a pathway for cleaner transportation is to set up corridors to help construct EV charging stations, according to the White House. "Alternative fuels and electric vehicles will play an integral part in the future of America's transportation system," U.S. Transportation Secretary Anthony Foxx said in a statement. "We have a duty to help drivers identify routes that will help them refuel and recharge those vehicles and designating these corridors on our highways is a first step." According to new FHWA data, U.S. drivers consumed nearly 72 billion gallons of gasoline in the first half of 2016 and drove more than 3 trillion miles last year. Signs that will designate alternative stations will be similar to existing signage for gas stations, food, and lodging. But despite the expansive first November 4, 2016 steps, some areas of the country are clearly underserved. A map of the transportation corridors from the Department of Transportation shows extensive networks on the West Coast and along the Northeast and Mid - Atlantic. Texas and Oklahoma also have large amounts of infrastructure. None of the routes, however, pass through Montana, Wyoming, North and South Dakota, Alabama, Mississippi, New Mexico, Arizona and others. ChargePoint CEO Pasquale Romano issued a statement calling the DOT's announcement a "big step" in efforts to make EV charging available across the country. "This initiative will help make sure that EV drivers can travel anywhere in the country," Romano said. The announcement follows a July initiative launched by the federal government to make available up to $4.5 billion in loan guarantees and inviting applications to support the commercial -scale deployment of charging infrastructure. itive Fuel Corridors bM - 51griage Ready Sv - Signage Pendmg 1.541 300 450 Miles repared by FHWAA vax rs� r�Ir1 ,q 9, 4,"� �r su ° -0r�4���aam�Aki+� i 1Y r 7i n b/ Ak rT .,.: di 26i �.,.Y.Y� ,yyyy� I86�'�i0'� ». �/ (I 195 ✓id0� y j X i v P' yuara.. Crk4.PER Cleaner transportation will play a huge role in helping the U.S. meet its pledge to cut greenhouse gas emissions by 80% or more by 2050. U.S. Department of Transportation U,. S k ,J f..„ N r, ,;: r fl d i Fede-rol liighway Administration Alternative Fuel Corridors November 4, 2016 Advancing America's 21st Century Transportation Network With the designation of the first alternative fuel corridors, FHWA is establishing a national network of alternative fueling and charging infrastructure along national highway system corridors. FHWA intends to support the expansion of this national network through a process that: • provides the initial opportunity for a formal corridor designation now and in the future on a rolling basis, without a cap on the number of corridors; • ensures that corridor designations are selected based on criteria that promote the "build out" of a national network; • develops national signage and branding to help catalyze applicant and public interest; • encourages multi -State and regional cooperation and collaboration; and, • brings together a consortium of stakeholders including state agencies, utilities, alternative fuel providers, and car manufacturers to promote and advance alternative fuel corridor designations in conjunction with the Department of Energy. No One Saw Tesla's Solar Roof Coming Elon Musk just showed us the grand unification of Tesla: Fast cars, big batteries, and a stunning solar rooftop. BLOOMBERG Tom Randall October 31, 2016 On Friday evening as the sun descended over the old Hollywood set of "Desperate Housewives," Elon Musk took to a stage and fired up his presentation about climate change. It was a strange scene, with hundreds of people crowded into the middle of a subtly artificial suburban neighborhood. It wasn't until about a minute into the speech that Musk casually let the crowd in Ni Tsla's ig secret. "The interesting thing is that the hes you NiN see around y are sN lar houses," Musk said. "Did you ntice?" e b Ni Four things I didn't think were solar cells. Tesla says the tempered glass is "tough as steel," and can weather a lifetime of abuse from the elements. It can also be fitted with heating elements to melt snow in colder climates. "It's never going to wear out," Musk said, "It's made of quartz. It has a quasi-infinite lifetime." This, apparently, is a solar roof. M= rooftop solar, undermining huge investments that families have made in their solar sys�e--M—s customers to use that electricity themselves, at night. ff-xem-��� Like previous attempts at solar shingles, the solar-plus-battery package hasn't really caught on yet. SolarCity's total bundled sales thus far number in just the hundreds. But an argument can be made that the products just weren't compelling enough yet and the prices were still too high. Sekine, a BNEF analyst who covers battery technology. "The future is going to overwhelmingly be solar plus battery," Musk said. "They go together like peanut butter and jelly." Battery Prices Keep Tumbling Lilifflum lon, Foreca&t ($*Who 384, 350 3,25 302 282 262 245, 228 212 774, 197 182 04 ta Cell , Pack Source: Bloomberg New Energy Finance firm prices of a solar roof at this point would be difficult. "It is the metaphoni c 'super-car' of residential solar," said BNEF solar analyst Hugh Bromley. "It portrays cutting-edge technology with broad appeal, but ... it competes in a solar market where most customers are comfortable in a family sedan." The 2017 trifecta: Solar roof, Powerwall 2, Model 3 Photographer: Tom Randall/Bloomberg From: NCDA &CS News Releases [mailto:noreplys @ncagr.gov] Sent: Tuesday, October 25, 2016 1:50 PM Subject: Industrial Hemp Commission to hold first meeting Nov. 1 °lh SHARE i �J F.,1 .. FOR IMMEDIATE RELEASE TUESDAY, OCT. 25, 2016 CONTACT: Dr. Sandy Stewart, director Lori Pfister, administrative assistant NCDA &CS Research Stations Division NCDA &CS Research Stations Division 919 - 707 -3237 919- 707 -3236 • :s s s 11 s 111 11111 • s RALEIGH — The N.C. Industrial Hemp Commission will hold its first meeting Tuesday, Nov. 1, at 2 p.m. in the Martin Building at the State Fairgrounds. The meeting is open to the public. The state General Assembly passed legislation in 2015 to create a pilot program to research hemp production in North Carolina as allowed under federal law. The Industrial Hemp Commission will be responsible for setting up the rules and process for applying for the pilot program. The commission has nine members representing agricultural research, law enforcement, farming, agricultural consulting, agribusiness and the N.C. Department of Agriculture and Consumer Services. More information about the industrial hemp pilot program is available at www.ncagr.gov /hemp. -bal -2 NCDA &CS Public Affairs Division, Brian Long, Director Mailing Address:1001 Mail Service Center, Raleigh NC 27699 -1001 Physical Address: 2 West Edenton Street, Raleigh NC 27601 Phone: (919) 707 -3001; FAX: (919) 733 -5047