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HomeMy WebLinkAboutCFE 051099 Orange County MAY 4 1999 I Mvirmnnlent and Resource ConservationD tment P . O . Box 8181 Hillsborotl ll, NC 2727S Phone : (91 )) 732 - S1S1 oi� 901- ) ? 51 , 1-1 97 ► 3002 Email : ccrcicufoifdOco . orci-i c lic . irs Memorandum To : Commission for the Environment From : David Stancil Environment and Resource Conservation Director Date : May 3 , 1999 Re : May 10 Meeting Agenda Please find attached the agenda and materials for the next meeting of the Commission for the Environment , scheduled for : Monday, May 10 , 1999 7 : 30 p . m . Southern Human Services Center Homestead Road , Chapel Hill , NC At this meeting we will welcome three new members ( Cara Crisler , Mary Jane Baker and Mark Smith ) , and receive reports on the Environmental Impact Ordinance and development activity in the Hillsborough area . If you have questions , or will be unable to attend , please contact Carol Crawford at the numbers or e - mail above . I look forward to seeing you on the 10th . t ti i t ra I I I i I AGENDA Orange County Commission for the Environment ( CFE ) Monday, May 10 , 1999 7 : 30 p . m . Southern Human Services Center Homestead Road Chapel Hill , NC 7 : 30 I . Call to Order ( Loraine Kohorn , Chair) 7 : 30 II . Welcome to New Members In April , the Board of Commissioners appointed three new members to the Commission : Cara Crisler, Mary Jane Baker and Mark Smith . An additional slot on the Commission was also approved . Ads are currently running for the final two vacancies . A new roster is attached . 7 : 50 III . Approval of Minutes ( March 8 , April 12 ) 7 : 55 IV . County Environmental Impact Ordinance County Planner Jim Hinkley will review this ordinance , which is administered through the County 's Zoning Ordinance . The ordinance is attached . 8 : 25 V . Items Deferred from April 12 • Resolution on alternative - fueled vehicles ( attached ) • 18 - Month Work Plan ( attached ) 8 : 45 VI . Update - Development Activity in Hillsborough Area ( David Stancil , ERC Director) A related article is attached . 9 : 00 VII . Update - Storage Pools at Shearon Harris NRC Pre - hearing Conference May 13 ( and 14 , if needed ) , beginning 9@00 a . m . in the old Post Office on Franklin Street , Chapel Hill . 9 : 10 VIII . Committee Meetings 9 : 25 IX . Reports From Committees 9 : 30 X . Adjournment 'EMNN '_ O w C) c) , nC> n -r' nN ►�y xwy C � O° 7d C� JC7 xN C� pC" xNr A� O .� 00 Q� —t J �" O Lv O p n N p :74 '_ O � � p� .. . P � � t� �p .. . J p 'C? 00 7C' 1 Sy A� CD A� 01 v� N �' A� �" �--' O �v N `< ty O p C � " w � CD C `m ' O EmPlh C c o � o Ob CD o CD O � Zo p 2 0 D 'EMEMEA CD b �' CD b � a off . p - p �. �, .. . Sv ..i Oro .y CDEn IMMA * Ford CD CD IMMAG UQ O cn O nN J � `�' � ' n � � nCD n �d �Z ° 'EMEME n` a n � . Z n • n0 ON � folloth CD (� G'."' � . 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J Beaty, News of Orange ; Slade McCalip , Orange County Planning Dept. ; Mary McDowell, Chatham County Nuclear Issues Consultant; Paul Thames , Orange County Engineering Department . Staff Present : David Stancil, Director Department of Environment and Resource Conservation and Adhir Kackar, Planner I . I. Call to Order Chair Loraine Kohom, called meeting to order at 7 : 30 PM . II. Consideration of Additions of Changes to the Agenda The Commission approved that discussion of a CFE liaison to the Parks and Recreation Work Group be added to agenda as Item IV . ibilities as Chair of the Board of County Commissioners Dr. Gordon informed the Commission that her respons (BOCC) , require that she reduce her attendance at CFE meetings . Given this she would no longer be serving as member of the CFE, rather she would be the BOCC liaison to the CFE . III. Approval of January 11 , 1999 minutes The following changes to minutes was approved. Item 9 Review of Priorities from January was changed to read as follows : (change in bold) Loraine Kohorn began discussion by asking CFE if they wanted to make any changes to the resolutions drafted at the January meeting . Rafalow mentioned that he did not notice indicators as a priority Stancil remarked that the SOCF Task Force is not doing any work with indicators . Instead the current thinking is to forward the report and indicator assessment, to the towns and Orange County for further development. Annette Jurgelski asked if the Commission would be assigning tasks . To this Stancil suggested that the CFE receive BOCC feedback and then develop a draft work program . Kohorn agreed that input from the BOCC would be beneficial . Stancil concluded comments, by suggesting that the CFE review the ERCD Status report in the next month to assist in determining their priorities . IV. CFE liaison to the Parks & Recreation Work Group Chair Kohorn began discussion on the issue of whether CFE should liaison with the Joint Master Parks & Recreation Work Group . The following is a summary of the comments made by CFE members and ERCD staff during discussion of this matter . Discussion culminated with the approval of Loraine Kohorn as a CFE liaison to the Joint Master Parks and Recreation Work Group . Kohorn : The Master Park & Recreation group are in the process of prioritizing funds for land acquisition given this CFE should consider a liaison . Lidh : What is the meeting schedule for Park and Recreation meetings ? Stancil. Parks & Recreation meets every 4th Wednesday at 6 : 00 PM 1 Gordon : It is important for CFE to have a liaison to the Work group . The Work Group is developing criteria for open space and natural area acquisition . CFE presence in this process would be beneficial, particularly given that once this criteria is developed, it may be binding . Rafalow: Could you clarify the term binding? Gordon : At present there is no clear definition of the term binding as it relates to the activities of the Work Group . Stancil: The Work Group is in the process of developing a new parks and recreation plan . The plan will provide clarification on language, for instance it will identify what open space is . At present I am trying to build a link between parkland acquisition criteria and bond criteria. The draft plan is presently in bullet form, and will be available in a week or so . I will cc a draft copy of the plan to the Commission. Rafalow: My presumption is that regardless of whether CFE liaisons with the Work Group , we will have the opportunity to review the plan, prior to BOCC approval . Kohorn : Unless someone else wishes to do so, will serve as liaison. IV. Approval of Wastewater Treatment Management Program Letter During the February 9 , 1999 CFE meeting, Rosemary Summers and Ron Holdway of the Orange County Health and Environmental Health Department made presentations on the expansion of the County ' s Wastewater Treatment Management Program . In response to their presentation, William Glaze drafted a resolution, on behalf of CFE, expressing support for the program . The purpose of discussion, was to consider revisions and approval of a CFE resolution . Chair Kohorn opened discussion by highlighting that she had made revisions to the resolution . These changes were suggested, given the Chair ' s belief that CFE support of the WTMP should focus upon on environmental matters . To this Rafalow indicated his concern that the scientific expertise of the group was causing them to hesitate addressing political issues . Kohorn replied that she agreed with Rafalow that the CFE should consider political issues , but not without recognizing that they are doing so . CFE members : Kohorn, Rafalow, Jurgelski, Price , Gordon and staff member Stancil, then revised and unanimously approved CFE resolution on the WTMP . The resolution was submitted to the BOCC, c/o Dr . Alice Gordon on March 9 , 1999 , a copy can be found in Appendix Be V. County Resource Acquisition Program David Stancil informed the Commission of the current status of the County ' s resource acquisition program . This update followed outline (see Appendix C) provided by Stancil to the CFE . At the conclusion of his comments, Stancil indicated that he would welcome any suggestions by the CFE by email . Following his presentation several CFE members discussed the need for developing an accelerated resource acquisition program . The comments of the Commission are outlined below . Pratt: We need some kind of accelerated acquisition program, so that we can remain competitive with developers as property comes on line . MacRae : Does the Triangle land Conservancy have plans to hold onto land? Jurgelski: Yes , that ' s what the Conservancy does . Stancil: Having a quick response mechanism as part of the Resource Acquisition program is critical to the success of a program . Pratt: Is there a minimum parcel size , lower than which acquisition will not take place? Stancil: There is no minimum size established, conservation will take place depending upon the attributes of the property . Smaller parcels can have historic value . Kohorn : There are small areas with biological value? What is the mechanism to act on priority sites ? Do things have to go through the BOCC ? Gordon : If areas were prioritized then the BOCC would want to approve everything as it was being considered for conservation, but a quick response mechanism could be considered . Pratt: Could eminent domain be used in the conservation? Gordon . No , Resource Acquisition is a voluntary program . In fact one of the keys of the ERCD department is that its programs are voluntary. Stancil: I want to reiterate that I welcome CFE input on this process . 2 VI. Update on Nuclear Waste Storage Pools at Shearon Harris Mary McDowell, nuclear issues consultant to Chatham County, reported to the CFE on the status of the proposed expansion of the Shearon Harris facility . Discussion centered on the position of CP&L that Shearon Harris expansion poses no new risk to public health and safety, and on organizing an effort to encourage other jurisdictions and public officials to get involved in the issue . Below is a summary of the discussion . Stancil: Before Mary begins speaking I want to remind the CFE that we have Dr. Gordon Thompson ' s report of the NRC findings as well as CP&L ' s response . McDowell: I am happy to be here . I have been working on the low- level nuclear waste issue for Chatham for 8 years and began working on high level waste in June . Given changes on the Chatham board there is a possibility that I may not be working on this issue after July . Gordon Thompson has shown in his report that the existing waste storage pools pose a danger. The likelihood of an accident is not high, but the possibility remains, and this is something that the NRC has not considered . The expansion of these pools will extend Shearon Harris ' s use for 90 years . Overall, we expect that water levels in the pools will drop . This has happened in the past at Shearon Harris, although the levels have not been low enough for radioactive exposure . What is needed is for NRC to extend their risk assessment to the pools and the reactor, this would benefit the nation and the area . Ultimately, you have greater radioactivity in pools given the shifting of waste from the reactors to the pools . If water levels drop then there is a risk of fire or of a zirconium steam reaction . The risk of both these accidents occurring is something that the NRC hasn ' t looked into . the NRC sees the new pools as less dangerous as existing pools . Dr. Thompson ' s results are logical and the issue of partial drainage in new pools should be examined, by both NRC and CP&L . Gordon : How plausible is it to get CP&L to consider partial drainage issues ? They seem to be incredibly resistant to change . McDowell: Corporations , such as CP&L are concerned with their economic future, their public image , it is important to involve the public and the media in pressuring CP&L . Pratt: Does the Shearon Harris plant include back-up pump systems and other redundancies ? McDowell: There are redundancies built- in the two heat exchanges , but they are not linked. Pratt.* When facilities are designed a safety factor is incorporated . Changes to a facility are allowed only if the safety factor is maintained . McDowell: There are a bunch of technical questions that need to be resolved, but they (CP&L) do not need to place rods in such a dense configuration . Pratt: We need to find out how and if the safety factor changes if Shearon Harris expansion occurs . Okun : In reading the Thompson report, expansion of the pools is reducing the safety factor. CP&L ' s actions were cavalier . This is in the historical tradition of the nuclear industry . This issue requires a public hearing . Pratt: My point is when the final safety report was prepared it was based on quantitative information . We need to find out if the safety factor was changed and if so then formulate an engineering solution . Okun : How costly and time intensive will such an endeavor be ? Pratt: There is no doubt that it will be . Gordon : When we (BOCC) got into it I was willing to hear information, but CP&L has claimed that they are continuing existing policy, but they are clearly not doing so . The point is that that CP&L is not doing the same thing, they are not letting the experts in . Are they trying to hide something? Rafalow: Where are we in the process ? Gordon : We have asked for a hearing in the legal manner from the NRC . Rafalow: Has our congressional delegation been contacted? Gordon : No . Pratt: Have State officials been contacted? Gordon : NC DENR has sent a letter to the NRC asking for a public hearing to be held. McDowell: The Chatham chair asked DENR, Division of Radiation Protection (DRP) , to put money aside for examining Shearon Harris . DRP has met with CP&L . I was at their meeting , during which CP&L explained how under existing regulations they were not increasing risk. In private conversations with NC DRP, it appears that DRP does not have the expertise to evaluate the Shearon Harris expansion . Given this , we may need to look toward UNC to do an engineering analysis for us . Pratt: What is the County ' s position? 3 Thames : On May 10 , 1999 there will be a prehearing conference in Rockville , Md . to determine if Orange County has established standing . CP&L does not feel that Orange has in fact established standing, since the 50 mile radius applies to reactor accidents and not waste storage pools . Pratt: Why aren ' t Wake and other counties concerned? Gordon : There are counties, other than Orange , which have expressed concern, but they haven ' t given money for the effort to get a hearing . Pratt: Wouldn ' t it be helpful to form a coalition? Gordon : Yes , but it is costly. Thames : We have asked every jurisdiction within 50 miles to call for a hearing . Gordon : The county does not have enough staff to organize a multi jurisdictional effort. Pratt: What if you sent Dr. Thompson ' s report? Gordon : If we are to send anything, I prefer the News & Observer summary of the Shearon Harris expansion . We have a tremendous amount of information, we could even set up a strategy session with Dr. Thompson . What we lack is the staff to lead an organizing effort. Price: Would a campaign change NRC ' s decision on standing? Gordon : I do not know . Rafalow: Can Representative Price and/or Senators Edwards and Helms help ? Gordon : If they hold the purse strings . Okun: We need to work with Wake and Raleigh officials to establish standing . Possibly we could get the nuclear engineering department at NC State to assist. MacRae : How possible is it that the Shearon Harris plant could be a terrorist target? Gordon : I do not know . The question is what can we do ? Jurgelski: We could ask environmental organizations, such as the Sierra Club to help . Gordon : We could contact the Raleigh chapter of the Sierra Club, send a mailing to jurisdictions , hold a meeting, but these endeavors take time . Rafalow: I like the idea of the Sierra Club holding a forum or public hearing . Jurgelski: I was thinking about the idea of contacting them via email . Pratt: Shouldn ' t the state level catalyze local responses , we need to find someone with authority at the state . Gordon : Does the CFE have any ideas about what to do ? Kohorn : We need to find out some way to seize the interests of people . Thames : There is a late intervention process where other jurisdictions can enter . Kohorn : What is the possibility of other interests intervening ? Gordon : People are not intervening because they do not have time or feel that this issue is over their heads . MacRae: We need the Sierra Club to get involved. McDowell: The Sierra Club is a good group . I think that it is worth having persons with scientific expertise to intervene and evaluate the Shearon Harris proposal . Gordon : I suggest that if the CFE wants to work on this issues then they should decide what they want to do . Okun: What could be the role of the Environmental Management Commission? I could speak with David Moreau, EMC head . Gordon : Could Lee and Annette could contact the various Sierra chapters in Wake ? Pratt: What is it that you want persons in the Sierra Club to follow up on ? Gordon : Members could contact their jurisdictions and ask them to intervene, ask their political representatives to send letters to the NRC . VII. Further Discussion of 199 Goals/Tasks This item was tabled by the CFE due to lack of time . Chair Kohorn asked individual members to look over the 1999 Goals/Tasks . VM. Committee Meetings All three committees met at 9015 PM. The Air Quality Committee was staffed by Slade McCalip and the Environmental Education Committee was staffed by Adhir Kackar, both of the Orange County Planning Department . David Stancil, ERCD director, staffed the Biological Resources Committee . Sessions lasted for 30 minutes at which time reports were given . 4 IX. Committee Reports Kris Price informed the Commission that the Environmental Education Committee has revised an education website . The new site contains new information on air quality, sustainable development . The site will be ready by Friday March 12 , for review . CFE members wishing to make suggestions should direct them to Lee Rafalow by March 19 , Jane Sharp MacRae, informed the group that the Air Quality Committee discussed the status of the County ' s bicycle plan . Slade McCalip then summarized the details and status of the County Bike Plan. His comments are as follows : The Bike Plan has been reviewed by the Orange County Planning Board . It is now being prepared to go to the BOCC for consideration . The Planning Board has asked that a bike coordinator position and standing bicycle committee be created . In addition they are asking that state bicycle legislation be updated, and that a map be created showing all needed road improvements for biking . Presently, the roads in Orange County are too narrow for cars, thus the bike plan calls for designated bicycle routes, with 12 -ft wide travel lanes and 4 ft paved shoulders . Additionally, McCalip informed the group that an Air Quality Ozone Action Plan has been prepared and that is awaiting approval . Loraine Kohorn reported that the Biological Resources Committee has been brainstorming criteria for protecting natural resource areas . XI. Adjournment. The meeting adjourned at 9 * 55 PM . The next meeting will take place on April 12 , 1999 at 7@30 PM in the Southern Human Services Center, Homestead Road, Chapel Hill . 5 ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT DRAFT Summary of Meeting April 12 , 1999 Held in Orange County Southern Human Services Center, Chapel Hill , NC (Prepared by Carol Crawford, Admin Asst. , Orange County ERC Department) Members Present : . Roy Fortmann, Rosalinda Lidh, Kris Price, Richard Partt, Annette Jurgelski . Excused Absences : Loraine Kohorn, Lee Rafalow, Dan Okun, Jane Sharp -Mac Rae, William Glaze . Guests : Dr. Earl Fowler, County Resident. Staff Present : David Stancil, Director, Department of Environment and Resource Conservation ; Adhir Kackar, Planner I , Carol Crawford, ERCD Admin . Assist . I. Call to Order Vice Chair Roy Fortmann, called the meeting to order at 7 : 40 p .m . II. Consideration of Additions of Changes to the Agenda Additions to the Agenda: 1 . Proposed draft CFE Resolution on a Recommendation that Orange County Establish a Committee to Research a Plan for the Use of Alternative Fueled Vehicles , Improved Fleet Maintenance, and/or Reduction of Vehicle Miles Traveled to Reduce Source Emissions From the County ' s Vehicle Fleet , 2 . CFE Objectives for l / l /99 — 6/30/200 . III. Approval of March 8, 1999 minutes Fortmann noted that, as there wasn ' t a quorum, a vote couldn ' t be taken on approval of March 8 , 1999 minutes , and solicited changes for April . There were no suggested changes noted. IV. Discussion of the Proposed Resolution . Fortmann reported that Shape-Mac Rae had been working on a plan for alternative fueled vehicles , and that the Air Quality Committee had wanted to submit an application for a grant to the state . Sharpe-Mac Rae worked hard on it and on getting the background information . After looking at it, Fortmann indicated that he realized how naive we really were . To do something like that, the group needs to have the County Manager and the Public Works Fleet Maintenance involved in it. This is something beyond what Sharp -Mac Rae and Fortmann could coordinate . The draft resolution asks the County Commissioners to request from the County Manager the establishment of a committee that will take the next level of action to try to get a plan together for either alternative fueled vehicles or improved fleet maintenance , generally things that will include reducing emissions . The members present suggested that this (see attachment A) be sent to the CFE members and act on it at the next meeting . Stancil suggested that after the CFE looks at it and adopts it, the County Manager could ask the already formed Ozone Action Team to handle this . The Ozone Air Quality group consists of Stancil, transportation planner and Paul Thames, County Engineer, possibly expanding to include some members from this group and possibly other departments . Price asked if anyone knew the fleet size for the county . Fortmann indicated that information hasn ' t been researched . Fortmann continued that Chapel Hill did get their grant application for alternative sources, a rather large expenditure at over $ 100 , 000 . And added that it ' s not a small matter to try to do an alternative fueled vehicles grant application . Initially when Sharpe-Mac Rae started doing research there were agencies within the county who could use alternative fueled vans . The Public Works Department was actually opposed to the alternative fueled vehicles, with concerns about maintenance . It was agreed that the CFE should build some consensus on the need for this . G : \CAROL\CFEMIMCFE4- 12 . DOC 1 V. Appointment of CFE liaison to Wastewater Treatment Monitoring Program Committee Stancil led a discussion noting that in a past meeting Ron Holdway and Rosie Summers presented their recommendations on this program . It is unknown exactly how and whether the Commissioners will propose funding for this , but it may be some interest in partially beginning this year. There is also interest in revising the program to take into account funding and the funding equity concerns that were raised here . Holdway indicated that there is going to be a committee of staff and Board of Health members and other citizens that will be meeting in another month, short term duration, to take a look at the program, and make some recommendations, before it comes back again . The CEF has been offered the opportunity to have a liaison in that effort. Fortmann asked when is it going to start? Stancil replied that it may be the end of April or early May . A question was raised about existing liaisons and Stancil noted that Richard Pratt is liaison to Water Resources Committee and Loraine Kohorn is liaison to Master Parks & Recreation Work Group . Lidh and Fortmann would be willing to coordinate on sharing duties . Staff will report on meeting schedule . VI. Update — Nuclear Waste Storage Pools at Shearon Harris Stancil started the following discussion by noting that he had limited new information, but would fill the CFE in on what information was known . A special meeting of the County Commissioners — called the Regional Forum was held last week at the Chapel Hill Town Council Chambers , with about 125 people attending . Attendees heard from both David Lochbaum with Union of Concerned Scientists and Consultant Dr . Gordon Thompson followed by a panel discussion including two CFE members that are here tonight, Richard Pratt and Dr . Earl Fowler. There was a good bit of discussion at the forum with questions from the audience and from the elected officials . A broad range of elected officials was present from Guilford, Durham, Chatham, Lee counties , and other regional governments had members present. Many concerns and questions were raised. CP&L ' s attorney was a member of the panel . Stancil added that there is at least a tentative agreement that the pre-hearing conference will be held here in North Carolina rather than in Maryland during the week of May 10th Wednesday, May 12' as a possible date for that. The location was unknown at this time . He added that this is not a public hearing, but an opportunity for the Nuclear Regulatory Commission to consider the concerns that have been raised and make decisions about that and CP&L ' s response . Pratt noted that one of his questions had more to do with an impact statement/study of the site similar to PSFAR (Preliminary Safety Final Analysis Report) , and, stated that since the storage rods were not ever intended to be a full time storage facility, it was a temporary situation, that there ought to be some means by which a more thorough impact statement should be conducted. Pratt continued that, after the meeting he was approached by CP&L ' s regulatory engineer, John Caves who will send information of some reports they have . Pratt continued that they (CP&L) heard what the concerns were, and need to demonstrate that they ' ve looked at this and that it' s not just a little addition they ' re going to do, and include a full impact study . Price asked if people would be allowed to comment at the pre-hearing . Stancil replied that he didn ' t know if there ill be an open meeting and that basically it is a consideration of would be any comments taken, but suspect it w Orange County ' s contentions and CP&L ' s response . Pratt added he had researched through the NBC ' s web site to see if there ' s any type of documentation with regard to doing studies on using the storage pools for permanent or even temporary storage of the rods , and there isn ' t much at all . Fortmann asked why Wake County is not more interested? Pratt responded that he thought that most governmental agencies defer to the NRC . They look to the federal agency , to being the number one and, if they ' re not concerned, it ' s ok with them . Stancil noted that he would pass more information along as it ' s received. VI. Update — Master Recreation and Parks Stancil noted that the Joint Master Recreation & Parks Work Group have been meeting about a year now . It is a very broad and large group with representatives from all the local elected boards including Hillsborough, Duke Forest & UNC, OWASA, and the School Boards . Their charge is to update the Master Recreation & Parks Plans , but they also been asked to look into other areas , such as joint capital funding of new park facilities and acquisition of land . That is one of the reasons Kohorn thought it would be good to get more up to speed with this effort as it ties in the Resource Acquisition Program that the CFE will be developing . Stancil is now involved in this effort as well to ensure that what this group comes up with is folded into the RAP and that both are consistent. Pratt asked if Stancil had any contact with the Triangle Conservancy in its regard to the acquisition of the Johnston Tract? Stancil answered that there has been some discussion and described the property . G : \CAROL\CFEMIN\CFE442 . DOC 2 Pratt asked if that would be where the County could facilitate or provide some assistance in developing trails? Stancil added that he has talked to Kate Dixon, executive director of TLC about coordination in that area. Stancil added that the Master Recreation & Parks Group has expanded its scope in a few areas . One is re-visiting the payment- in- lieu program , where new developments have the option to dedicate land for recreation purposes based on a formula, or paying a fee in lieu . Which is then put into a pot of money for a certain geographic area and is held for acquisition in that area. After twelve years a total of about $400 , 000 countywide has been accumulated which isn ' t going to buy much land . There is a lot of interest in re-visiting how that program works : is it better to change some of the standards or, is it better to take dedication of land? The Recreation & Parks Advisory Council advises the board on this . Stancil continued that larger developments may put more emphasis in taking the dedication . On a twelve-acre subdivision, the County might get a quarter to half of an acre, while on a five hundred-acre development it ' s a different story . The work group has a partial draft of a plan that they are going to be recommending including an open facilities policy (included in the agenda packet) . Possible recommendations include . A . Standardized Parks and recreation requirements among jurisdictions. B . Joint siting, design, and management of school and park sites . C . Public/private partnerships across jurisdictions . D . Joint Capital Facilities Plan for Parks and Recreation . Which relates very much to the Resource Acquisition Program . The new Land Resource position would help negotiate the acquisition of lands for Recreation and Parks and well as for Natural Resource Preservation , E. Standing "Joint Recreation and Parks Council " A new council would be created a group that ' s going to meet every few months to address any future follow-up and to maintain a database . An inventory has been created of all recreational facilities in the county . A brochure and map will be developed at the end of this , to be available to citizens of all Recreation & Park Facilities in the County and indicate the kind of activities that are permitted . This group would also be the coordinating group for any future bond proposals . F. Open Facilities Policy . To ensure that an Orange County resident can go to a Carrboro park and vice versa and be able to use it. The group had talked about using the CIP to recommend acquisition / joint acquisition methods and Paymentmmn lieu . A report is expected by the end of May to go the elected boards and school boards . A draft copy will be in the CFE agenda packet next month . Kohorn and Stancil will be going to the next meeting on April 28th . Price asked if there is any integration between this plan and the bikeway plan ? Stancil added that there is no linkage yet. At the previous County Commissioners meeting , the Commissioners did adopt the bicycle plan component to the Comprehensive Plan . Commissioner Jacobs asked if there had been any integration of the bike plan efforts into this project. The two groups have been on their own tracks and not looking into these areas . It is not likely that there will be in the MRP work group because there is a big push to be finished in May . However, at the implementation level after this MRP plan is approved, then, the bike plan would be considered and where they mesh . Jurgelski asked about coordination of school and park siting, and whether it is desirable to locate a park where a school can use it for athletic facilities . Stancil noted that it is that plus to acquire all the land at one time and possibly locate ball fields with lights . To try to put them in places that already have intensive activity might be easier than to locate a park with lights adjacent to an existing neighborhood . VIII. CFE OBJECTIVES CFE Objectives January for 19994une 2000 were discussed as follows . Stancil started by explaining that he had taken the list of High, Medium and Low Priority objectives that the CFE identified in January, and listed the objectives and some staff thoughts on timing . He noted that the Commission should feel free to agree with or toss out as it sees fit . This was developed with the BOCC goals comparing them to the staff that will be working on these objectives and figuring out how they might fit into the overall scheme of things . A copy of the objectives is attachment C to these minutes . Jurgelski asked if the Biological Resources Committee had the draft Resource Acquisition Program outline ? Stancil replied that it was handed out in a meeting or two ago in outline form . Stancil reviewed the proposed objectives . Jurgelski asked who pays for water reclamation and what do they have to do -put down a whole new section of parallel pipes ? Stancil indicated that in Durham ' s case it ' s only on pilot basis and he assumed that city water customers are paying for it through their rate schedule and impact and acreage fees on new taps . Okun had previously suggested using Finley Golf course and Meadowmount as test cases . G :\CAROL\CFEMIN\CFE4 = 12 . DOC 3 Price stated that with the growth that ' s expected to occur in the County it ' s probably good thing to review water reclamation as a long-term process . Stancil noted that it does take a long time to develop, as it is a long time process . Pratt noted one additional item in things that relate to the Department of Transportation and future roads and highways with regard to expansion of I40 possible other corridors , would have an impact on all the other environmental issues . Fortmann clarified by saying it was really monitoring that was the issue . Pratt continued saying monitoring at the County level, activities at the state level, future regional planning that relate to transportation need to be monitored somewhere . Those things planned long term could provide opportunity to have some input by bringing to them programs that the County is looking at. For example, planning an outer loop that is going through one of the most protected areas . The members agreed to add a new objective, Coordination and Monitoring of Major DOT plans fitting into the priority scheme between low and medium . Fortmann noted that the mandate should be to identify those type issues and make sure that the Commissioners are aware of them . Stancil said he ' d prepare that as a draft medium objective for next time . He also noted that the Commissioners were to formally review the goals the next evening at a work session, possibly giving some new areas they want to focus on . Price asked if anyone could present information on development around Hillsborough . Stancil volunteered to do that at the next meeting, with a good bit of material already presented recently . Jurgelski asked if this was in the Town of Hillsborough . Stancil clarified that there are three initiatives that are in the Town ' s jurisdiction and two others that are in the County ' s jurisdiction but the Town is involved. One is the Apex Northwest property on the north side of Town, which is in the County ' s jurisdiction . And a development called Churton ' s Grove , which was actually approved 10 years ago, is now with Hillsborough ' s water situation resolved coming on line . Finally, a couple of new large scale proposals on the south side of Hillsborough, (one inside the corporate limits and one between Old 86 and New 86 and 140 area) of several hundred acres which would be rather large developments . Price wanted to see how those fit into the activity nodes . Stancil said that only one does . IX. Commission Membership Report Stancil noted that the BOCC did make three new appointments but still have vacancies to fill, and noted that, Bill Glaze is going to be gone on a yearlong research effort abroad . Because of the timing that his term runs, he may not be able to continue as a commission member. The new members appointed are Mary Jane Baker, Cara Krissler, and Mark Smith X. Committee Meetings Fortmann noted that the air quality committee now consists of one , as Glaze and Sharp Mac-Rae are currently inactive . The Biological Resources Committee and Environmental Education/Indicators Committees opted to continue with informal breakout sessions . XI. Committee Reports The CFE members present agreed not to reconvene for committee reports . XH. Adjournment Fortmann adjourned the meeting at 9 : 00 , with Committee informal sessions to follow . G :\CAROL\CFEMIN\CFE442 . DOC 4 ENVIRONMENTAL IMPACT ORDINANCE WHEREAS , the North Carolina General Assembly has authorized the governing bodies of all cities , counties , and towns acting individually , or collectively , to require any special - purpose unit of government or private developer of a major development project to submit detailed statements reflecting the environmental impact of such projects ( North Carolina Environmental Policy Act , N . C . Gen . Stat . 113A - 1 et seg . , more specifically N . C . Gen . Stat . 113A - 8 ) ; and WHEREAS , the North Carolina Administrative Code contains provisions interpreting the authority of local governments pursuant to N . C . Gen . Stat . 113A - 8 , and the role of State Government with respect to this authority ( N . C . A . C . Title I , Ch . 25 , . 0100 et seg . ) ; and WHEREAS , Section . 0802 ( c ) of Title I , Chaptar 25 of the North Carolina Administrative Code specifically provides that In procassaing applications for state permits , state agencies stall consider any information generated by the local government pursuant to " the Code ' s provisions ; NOW , THEREFORE , BE IT ORDAINED by the Board of Commissioners of Orange County , North Carolina . SECTION 1 . PURPOSE Pursuant to the North Carolina Environmental Policy Act the Orange County Board of Commissioners adopts this ordinance establis ?. irg a County policy to encourage the wise and productive use of the county ' s natural resources ; to encourage a public and governmental awareness of our environment and of the consequences of development which affect it ; to require that a full disclosure be made as to the anticipated effect of proposed development on the resources of the county ; and to permit and facilitate full enforcement of all ordinances and regulations concerning the environment in an efficient , coordinated and comprehensive manner . The intent of this ordinance is to provide a mechanism for full disclosure of anticipated impacts of developments as herein defined and to make such information publicly available so that citizens of the county may have input into developrental iSs � es before they become moot . More specifically , gt gs the Intent of this ordinance to require the preparation and evaluation of environmental impact documents for projects t2: at either requ .A. certain state permits , or require a local land use I3ermit for development within environmentally sensitive aczeas , as pr0#7Z . ded in Section 2 of this ordinance . - 1 - SECTION 2 . APPLICABILITY 2 . 1 Exemptions The following projects are exempt from the provisions of this ordinance , and no Environmental Documentation is requirede. 2 . 1 . 1 Any project involving a total area of 2 acres or less . 2 . 1 . 2 Routine repairs and housekeeping projects . 2 . 1 . 3 Routine grounds maintenance and landscaping . 2 . 1 . 4 Bonafide farming operations , not including sludge disposal . 2 . 1 . 5 Single - family residential development , except for Planned Developments 2 . 1 . 6 Any project located outside of the Orange County Planning Jurisdiction , including Transition Areas subject to development regulations of any Town within Orange County . 2 . 2 Environmental Assessment The Environmental Assessment ( EA ) shall consist of a document supplied by the Planning Department to address issues of environmental concern to the County , and completed by the applicant . Environmental Assessment is required for non - exempt projects that : 2 . 2 . 1 Qualify as a small or large generator of hazardous waste as defined by the North Carolina Department cf Human Resources ( Hazardous Waste Branch of Solid Waste Management Section ) ; and / or 2 . 2 . 2 Involves as an integral part of the operation of a commercial or industrial activity more than 10 , 000 gallons per day of water usage , exclusive of domestic water ( 25 gpd per employee ) , and water used for climate control ( air conditioning and heating ) ; and / or 2 . 2 . 3 Require grading in excess of 40 , 000 square feet , exclusive of roads , for non - residential or attached residential development ; and / or 2 . 2 . 4 Require grading in excess of 40 , 000 square feet , exclusive of roads , for non - residential components of residential development ( golf courses , recreation facilities , and the like ) ; and / or 2 . 2 . 5 Require any of the following Environmental permits : ( a ) A Mining Permit pursuant to Lhe NC Mining Act . - 2 - ( b ) A State NPDES ( National Pollutant Discharge Elimination System ) Permit , as administered by the NC Division of Environmental Managemerwit . ( c ) A Non - Discharge Permit for a land application waste disposal system . ( d ) A permit for sludge disposal site . 2 . 2 . 6 Require Environmental Documentation by a State o � Federal agency . 2 . 2 . 7 Are located within the Water Quality Critical Area of the Water Supply Watershed , as defin ed in the Land Use component of the Orange County Comprehensive Plan ; and / or 2 . 2 . 8 Contain sites identified in " An Inventory of Sites of y Cultural , Historic , Recreational , Biological , ana Geological Significance in the Unincorporated Portions of Orange County " or " Inventory of the Natural Areas and Wildlife Habitats of Orange County , North Carolina " ; and / or 2 . 2 . 9 Contain lands with slopes in excess of 25 % outside of drainage easements or stream buffers , as determined by USGS Topographic maps , at a contour interval of 10 feet . 2 . 3 Environmental Impact Statement For projects which require submittal of al ., Environmental Assessment , an Environmental Impact Statement ( EIS ) will also be required if the project has a significant en �riro : mental impact . A prof ect has a significant environmental impact when it 2 . 3 . 1 Involves surface or subsurface extraction activi . y requiring a Mining Permit from the North Carolina Department of Natural Resources ; and / or 2 . 3 . 2 Involves long - term. storage or disposal of hazardous wastes ; and / or 2 . 3 . 3 Requires an EIS by a Federal or State agency ; and / or 2 . 3 . 4 Fails to adequately protect ( as described in Section IV - B - 2 - e of the Orange County Subdivision Regulations ) sites identified in " Inventory of Sites of Cultural , Historic , Recreational , Biological , & Geological Significance in the Unincorporated Portions of Orange County " and the " Oran. ge County Inventory of Natural Areas " ; and / or 2 . 3 . 5 Involves a land surface application wastewater treatment system , within the Water Quality Critical - 3 - Area of Water Supply Watersheds as defined by the Orange County Comprehensive Land Use Plan . Orange County reserves the right to require preparation of an EIS pursuant to Section 2 . 3 , notwithstanding a Finding of No Significant Impact on the part of Federal or State agencies . SECTION 3 . REVIEW OF ENVIRONMENTAL DOCUMENTS 3 . 1 Review of Environmental Assessment 3 . 1 . 1 The Environmental Assessment may be submitted prior to submittal of the development application to determine if an Environmental Impact Statement may be required , provided that : a ) all information necessary to perform the Assessment is provided , and b ) the project application , when submitted , is consistent with the project described in the Assessment . 3 . 1 . 2 The Planning Department shall review the EA for completeness within 5 calendar days of the date of submittal . If the EA is found to be incomplete , it will be returned to the applicant with notification of its deficiencies , 3 . 1 . 3 If accepted as complete , the EA will be reviewed by the Planning Department and will be distributed to other appropriate Departments or Agencies for their review and comment . 3 . 1 . 4 Final Action on the EA shall occur within 14 days from the date of acceptance , or such longer time as agreed to in writing by the applicant . If the EA reveals no " significant environmental impacts " , as that term is defined in this ordinance , the Planning Department shall issue a Finding of No Significant Impact ( FONSI ) . If significant impacts are identified , then the Planning Department shall issue a Finding of Significant Impact and shall require that an Environmental Impact Statement be prepared . The decision of the Planning Department will be reviewed by the County Manager upon request of the applicant or Planning Department . 3 . 1 . 5 The applicant shall be notified if the Planning Staff learns of any additional state or local permits which may be required to conduct the proposed activity . - 4 - Likewise , those agencies which may require additional permits shall be notified of the proposed activity and have an opportunity to provide comments . 3 . 2 Review of Environmental Impact Statements 3 . 2 . 1 The Planning Department shall review the EIS for completeness within 5 working days of submittal . If the Statement is found to be incomplete , it will be returned to the applicant with notification of its deficiencies , 3 . 2 . 2 Upon acceptance of a complete EIS , the applicant shall submit 10 copies to by the Planning Department . Additional copies may be required if needed . The EIS will be distributed to other appropriate departments and agencies for review and comment . A notice shall also be placed in a newspaper of general circulation , stating that the EIS will be available for public review at the Planning Department for a period of at least 15 days . If the proposed activity requires a Mining Permit from the State of North Carolina , or involves the Storage of hazardous materials , the EIS shall also be sent to the State Clearinghouse for distribution and review pursuant to Title I , Chapter 25 , . 0100 et seg . of the North Carolina Administrative Code . If an EIS prepared for a State or Federal agency has completed the Federal or State Environmental Review process , including publication in the " Environmental Bulletin " then the EIS and any required addendum thereto shall be advertised as available for public review at the Planning Department , but need not be recirculated through the State Clearinghouse . 3 . 2 . 3 Upon Completion of the advertised 15 - day review period , and upon receipt of comments from the State Clearinghouse when applicable , all comments will be compiled and summarized by Planning Staff . 3 . 2 . 4 The EIS , along with all comments received during the review period , shall be presented for public hearing concurrently with the development project . If a public hearing before the Board of Commissioners is not required for approval of the development project , then a special hearing may be scheduled . The hearing shall take place no later than 30 days after the close of the public review period or receipt of comments from the State Clearinghouse , whichever is later . 3 . 2 . 5 The Board of Commissioners shall receive the EIS and all comments as information only . The information - 5 - presented may be used only to determine compliance with specific development standards established in the Zoning Ordinance or Subdivision Regulations . 3 . 2 . 6 No action shall be taken on the development project until after the EIS has been presented to the Board of Commissioners . SECTION 4 . TECHNICAL REQUIREMENTS FOR AN EIS 4 . 1 Purpose The primary purpose of an EIS is to serve as a decision - making tool to ensure that the purposes and policies defined in the North Carolina Environmental Policy Act of 1971 ( G . S . 113A ) are given full consideration in the ongoing programs and actions of state and local government . It should provide a full and fair discussion of significant environmental impacts and should inform decision - makers and the public of the reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the environment . 4 . 2 Requirements Preparers should use a format for EIS ' s which will encourage good analysis and clear presentation of all alternatives , including the proposed activity , while minimizing length and complexity . These documents should not exceed 50 pages and should include site location maps . 4 . 2 . 1 Format and Content : ( a ) Cover Sheet . A single cover sheet including the following information ; ( 1 ) designation of the document as a draft , supplementary or final statement ; ( 2 ) title of the proposed activity that is the subject of the statement ; ( 3 ) list of any involved cooperating entities , ( 4 ) name , address , and telephone number of the person who can supply further information . ( b ) Summary . An adequate and accurate summary of the statement stressing the major conclusions , areas of controversy , and issues to be resolved . The summary shall also list all federal , state , and local permits , licenses , certifications , and other approvals which must be obtained in implementing the proposal . If there is any uncertainty about whether any one of these is necessary , it should be so indicated . - 6 - ( c ) A completed Environmental Assessment document . ( d ) Purpose and Need . The underlying purpose and need for the proposed activity . ( e ) Alternatives including proposed activity . Based upon information and analysis presented in the following sections on the affected environment and environmental consequences , it should present the environmental impacts of the alternatives including the proposed activity in comparative form . To the extent possible the comparison of alternatives should quantify how the purpose and need would be satisfied by each alternative and the proposed activity . It should also . I IF ( 1 ) explore and evaluate all reasonable alternatives4 -1 IF mp ( 2 ) discuss the reasons for the elimination of alternatives from detailed study ; ( 3 ) include appropriate mitigation measures not already included in the alternatives ; and ( 4 ) describe the environment of the area ( s ) to be affected and the environment to be created by the alternatives under consideration . The description should be no longer than is necessary to understand the effects of the alternatives . ( 5 ) describe environmental consequences , such as ; ( a ) direct effects and significance ; ( b ) indirect effects and significance ; ( c ) possible conflicts between the proposed activities and the objectives of federal , state , and local plans , policies , and controls for the affected area . ( 6 ) list the names and qualifications of the persons who were primarily responsible for preparing the EIS . ( 7 ) If an appendix is included in an EIS , it should meet the following requirements . ( a ) consist of materials substantiating any analysis fundamental to the principal document , as distinct from material of lesser significance that may accompany - 7 - the document or be incorporated by reference , ( b ) normally be analytic and relevant to the decision to be made ; ( c ) shall not be counted in the EIS 50 page limit ; and ( d ) be circulated with the EIS or be readily available upon request . SECTION 5 . ENFORCEMENT . 5 . 1 Injunctions and Equitable Relief . Pursuant to the provisions of N . C . Gen . Stat . 153A - 123 ( d ) and ( 3 ) the County may seek an injunction or other appropriate equitable remedy against any violation of this ordinance or to require compliance with any provision of this ordinance . 5 . 2 Effect on Other Permits and Actions . Construction or installation of any major development project shall not commence until subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final EIS by the Orange County Board of Commissioners . The EIS shall be presented to the Board of County Commissioners pursuant to public hearing procedures established in Section VII of the Orange County Subdivision Regulations , and Article 20 of the Orange County Zoning Ordinance . SECTION 6 . DEFINITIONS As used in this ordinance , unless the context indicates otherwise : ( 1 ) " EA " - an Environmental Assessment . ( 2 ) " EIS " - an Environmental Impact Statement . ( 3 ) " FONSI " - a Finding of No Significant Environmental Impact . ( 4 ) " Completed EA " - an Environmental Assessment that has been accepted by the County Planning Department as technically acceptable for purposes of this ordinance . ( 5 ) " Completed EIS " - an environmental impact statement that has been accepted by the County Planning Department as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being reviewed for adequacy by the County Planning Department . ( 6 ) " County " - Orange County . _ g _ ( 7 ) " County Planning Department " or " Planning Department " means the Orange County Planning Department . ( 8 ) " Environmental Document " - an EA , EIS or FONSI , or all of them . ( 9 ) " Land Use Permit " means a zoning permit or subdivision approval . building permit , site plan , or special use permit . ( 10 ) The term " major development project " shall include but is not limited to shopping centers , Planned Developments and industrial and commercial projects , but shall not include any projects of less than two contiguous acres in extent . ( 11 ) " Public water supply " means a water supply system that serves a city or town located partly or entirely within Orange County that has a population in excess of 2 , 500 . ( 12 ) " Special - purpose Unit of Government " - includes any special district or public authority . ( 13 ) " State agency " - includes every department , agency , institution , public authority , board , commission , bureau , division , council , member of Council of State , or officer of the State government of the State of North Carolina . ( 14 ) " State Clearinghouse " - the clearinghouse agency established by the North Carolina Department of Administration under the North Carolina Environmental Policy Act . ( 15 ) " Watersupply Watershed " - Land draining to existing reservoirs which serve as public water supplies for the County , or to potential reservoir sites which have been designated for protection against treats to the water quality of future water supplies . ( 16 ) " Water Quality Critical Area " - Land draining directly to existing or future watersupply impoundments by overland flow and interflow , called shorelands , and draining into the main channels of trunk streams emptying into the impoundments , called non - basin drainage areas . SECTION 7 . EFFECTIVE DATE . This ordinance shall be in full force and effect upon and after its adoption on September 4 , 1990 . - 9 - DRAFT Proposed CFE Resolution on a Recommendation that Orange County Establish a Committee to Research a Plan for the Use of Alternative Fueled Vehicles, Improved Fleet Maintenance, and/or Reduction of Vehicle Miles Traveled to Reduce Source Emissions From the County's Vehicle Fleet BACKGROUND - The Triangle region , in which Orange County is located , has elevated levels of ground - level ozone during the summer and may not be able to meet a new national ambient air quality standard ( NAAQS ) for ozone established by the U . S . Environmental Protection Agency ( EPA ) . The EPA has also established a new NAAQS for fine particulate matter ( PM2 . 5 ) . A NAAQS also exists for , carbon monoxide, a gas emitted by motor vehicles . Gas-fueled and diesel -fueled vehicles emit air contaminants that contribute to the degradation of air quality . Volatile organic compounds emitted from vehicles result in ozone formation . Diesel vehicles emit particles . Orange County maintains a fleet of vehicles in support of County services . The fleet includes administrative vehicles, service vehicles, maintenance vehicles, trucks, and construction equipment . The Countys fleet of vehicles emit air contaminants during routine use . There are a number of technical approaches available to reduce emissions of volatile organic compounds, hazardous air pollutants, and criteria pollutants from fleets of vehicles . Source emissions may be reduced by reducing the number -of vehicle miles traveled . Improved vehicle maintenance may also reduce emissions . Air quality may be improved by using vehicles that have lower emissions due to either higher mileage efficiency or improved pollution controls . Another approach is to use alternative fuel vehicles . Alternative fuel vehicles currently available include those powered by natural gas or by electricity . In selecting a technical approach for reducing emissions from a fleet of vehicles , the advantages, limitations, costs, and benefits must be evaluated based on the type and age of vehicles in the fleet, the vehicle miles traveled , distances traveled , the usage pattern , and a variety of other factors . The North Carolina Department of Environment and Natural Resources awards Mobile Source Emissions Reductions Grants each year to achieve reductions from on - and off- road mobile source related emissions . The County of Orange is eligible to apply for these grants . Applicants for the grants are expected to share the cost for implementation , which can be substantial for efforts such as purchasing alternative fuel vehicles . WHEREAS, Orange County should attempt to reduce emissions of air contaminants from its fleet of vehicles, and WHERAS, there are a variety of alternative technical approaches available to reduce fleet emissions, which must be evaluated specifically for the Orange County fleet of vehicles , and WHEREAS , development of a plan for reducing vehicle emissions requires participation by a number of agencies and departments within the County, NOW, THEREFORE, BE IT RESOLVED that the Commission for the Environment recommends that the Orange County Board of Commissioners request that the County Manager set up a committee of representatives from relevant County agencies , departments, and commissions to conduct research on a plan for reducing emissions of air contaminants from the . County's motor vehicle fleet . 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