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HomeMy WebLinkAboutAgenda - 03-10-20; 8-f - City of Durham’s Teer Quarry Reservoir – Letter of “No Objection” from Orange County Related to the Voluntary Eno River Capacity Use Agreement 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 10, 2020 Action Agenda Item No. 8-f SUBJECT: City of Durham's Teer Quarry Reservoir— Letter of "No Objection" from Orange County Related to the Voluntary Eno River Capacity Use Agreement DEPARTMENT: Planning & Inspections ATTACHMENTS: INFORMATION CONTACTS: 1. City of Durham Request for "No Objection" Letter Craig Benedict, Planning Director, 2. City of Durham Letters to NCDWR 919-245-2592 (Project Description and Conditions) Christopher Sandt, Staff Engineer, 3. Executed "No Objection" Letters from Partners 919-245-2583 4. Orange County "No Objection" Letter PURPOSE: To approve and authorize the Chair to sign a letter of "No Objection" from Orange County related to the City of Durham's proposed initiative to withdraw excess water from the Eno River for the purposes of filling the City of Durham's Teer Quarry Reservoir in conformance with the existing Voluntary Eno River Capacity Use Agreement and additional guidelines agreed upon by the North Carolina Division of Water Resources (NCDWR). BACKGROUND: Orange County has received a written request from Sydney Miller (Water Resources Manager, City of Durham Department of Water Management) for Orange County to provide a letter of "No Objection" regarding the City's proposal for filling the Teer Quarry Reservoir. The City's written request to Orange County is provided at Attachment 1. In 1988, Orange County became party to the Voluntary Eno River Capacity Use Agreement (Agreement). The Agreement is intended to preserve a minimum flow in the Eno River, even during times of drought, by restricting the amount of water that major users can withdraw from the Eno River. The Agreement is specific to the Upper Eno River basin, starting from the Eno River headwaters in Orange County and ending at its confluence with the Little River in Durham County. The seven (7) water users who are part of the Agreement are the Town of Hillsborough, Orange-Alamance Water System (OAWS), Piedmont Minerals (now Resco Products, Inc), the City of Durham (City), the West Point Grist Mill, large irrigators whose monthly average withdrawals exceed 100,000 gallons per day, and Orange County. Orange County is party to the Agreement because at the time of Agreement execution, Lake Orange was the only public water supply reservoir on the Eno River in Orange County. The Agreement sets forth a release schedule from Lake Orange to supply the seven water users identified in the Agreement with sufficient water based on their allocations and to provide minimum in-stream flows in the Eno River during drought periods. The operating conditions and water withdrawals limits defined within the Agreement are based upon average daily river flows measured at the USGS Eno River at Hillsborough gauge (USGS Gauge #02085000) which is located on the Eno River near downtown Hillsborough. 2 The Agreement allows the City to withdraw up to five million gallons per day (5 MGD) from the Eno River in Durham County when average daily river flows are above 30 cubic feet per second from March through May, and when average daily river flows are above 10 cubic feet per second during other times of the year - measured at the USGS Eno River Near Durham gauge (USGS Gauge #02085070). The Agreement does not define Eno River flow conditions for City water withdrawals greater than 5 MGD. An electronic copy of the Agreement can be found at: http://www.ncwater.org/Permits and Registration/Capacity Use/Eno River Management/docs/ water management plan.pdf Teer Quarry Reservoir: The City owns and operates the Teer Quarry Reservoir (Quarry), a public water supply storage reservoir located along the Eno River in Durham County approximately 0.80 miles to the east of US-501 and approximately 15 miles downriver from the USGS Eno River at Hillsborough gauge (USGS Gauge #02085000). The Quarry is planned to become an additional non-emergency source of water for the City once it has been appropriately classified for drinking water purposes and approved by the North Carolina Public Water Supply Section. Attachment 2 provides a summary of City letters to NCDWR describing the proposed Quarry project and the additional guidelines agreed upon by NCDWR, as well as a map showing the location of the Quarry in Durham County. The City has coordinated with NCDWR to propose withdrawals of raw water from the Eno River in excess of 5 MGD for the purposes of filling the Quarry. The Agreement allows public water supply systems to withdraw additional water from the Eno River during periods of higher flow "provided that they have long-term contracts for obtaining an equal amount of water from outside the basin when the flow in the Eno River drops" (Page 4 of the Agreement). The City has a Jordan Lake water supply allocation of 16.5 percent, which is equal to 2,462 million gallons of water supply storage (estimated to reliably yield 16.5 million gallons per day), satisfying that requirement in the Agreement. The City's proposed withdrawals of raw water from the Eno River in excess of 5 MGD would occur in Durham County only when Eno River flows as measured at the USGS Eno River near Durham gauge (USGS Gauge #02085070) exceed the annual median river flow of 49 cubic feet per second. The proposed raw water withdrawals would be over 15 miles downstream from the USGS Eno River at Hillsborough gauge (USGS Gauge #02085000). Hydrologic modeling efforts by the City suggest that the agreed-upon conditions for the City to fill the Quarry with water withdrawn from the Eno River will have no impact whatsoever on the parties of the Agreement. The Quarry project has been discussed in detail by the seven water users identified in the Agreement and no users have expressed concerns with the project. Attachment 3 includes copies of executed "No Objection" letters from OAWS, Resco Products, Inc., and the Town of Hillsborough. No Objection from Orange County: Orange County staff has no objection to the City's intent to withdraw excess water from the Eno River in Durham County for the purposes of filling the Teer Quarry Reservoir during periods of high flows in the Eno River, as defined within the Agreement and in conformance with the additional guidelines agreed upon by NCDWR. Orange County staff does not anticipate that the City's project will negatively impact the stream ecology of the Upper Eno River basin or the seven water users identified in the Agreement. Attachment 4 is a copy of the proposed Orange County "No Objection" letter, for signature by the Board Chair and distribution to the City. 3 Orange County understands that the City of Durham is proposing a new water intake location on the Eno River (approximately % mile upstream of the City's current water intake location) for use in filling the Teer Quarry reservoir. The proposed letter of no objection to the City's proposed withdrawal of water from the Eno River does not represent Orange County's approval or resolution of support for the City's proposed new water intake location. FINANCIAL IMPACT: There is no financial impact related to this item. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. RECOMMENDATION(S): The Manager recommends that the Board review and approve the attached Orange County "No Objection" letter (Attachment 4) for signature by the Board Chair and subsequent distribution to the City. 4 From: Miller,Sydney To: Christopher Sandt Cc: Craig Benedict; Howard W. Fleming;Greeley, Don Subject: [EXTERNAL MAIL!] RE:Teer Reservoir Proposal Date: Thursday, December 26,2019 12:55:56 PM Attachments: image001.pnng Teer Quarry Project Eno River Capacity Use.pdf ERCUA oranae.docx Christopher, This email message is a follow-up to the voicemail message I left you. DWR has requested that we obtain letters from all of the Eno River Water Users stating that each has no objection to the City's proposed Eno River water withdrawal for refilling Teer Quarry. I discussed this project with all of the Eno River Water Users at our annual meeting on August 30th. I have attached the letter we had sent to DWR on October 29th that explains the City's proposed Teer Quarry operation and Eno River water withdrawal to refresh your memory. I have also attached a draft letter you could use as a template. Please copy the draft onto your Orange County letterhead, sign the letter, and return the letter to me. Please call me if you have any questions or concerns. --Syd Sydney Paul Miller Water Resources Manager Department of Water Management, City of Durham 1600 Mist Lake Drive Durham, NC 27704 919.560.4381 ext. 35201 919.560.4479 fax Sydney.Miller(@durhamnc.gov I M WATER MANAGEMENT MITI' OF DURHA M E-mail correspondence to and from this sender may be subject to the North Carolina Public Records Law and can be disclosed to third parties. From: Howard W. Fleming [mailto:hfleming@orangecountync.gov] Sent: Monday, December 16, 2019 4:33 PM To: Miller, Sydney<Sydney.Miller@durhamnc.gov> 5 Subject: RE: Teer Reservoir Proposal Received thank you. Sincerely, Howard From: Miller, Sydney [mai Ito:Sydney.Miller(c)durhamnc.gov] Sent: Monday, December 16, 2019 4:12 PM To: Howard W. Fleming Cc: Christopher Sandt; Craig Benedict; Greeley, Don Subject: [EXTERNAL MAIL!] RE: Teer Reservoir Proposal Howard, Attached is a PDF of the letter we sent to Linda Culpepper at DWR. I was told by Harold Brady (DWR) in a phone conversation that we (the City of Durham Department of Water Management) would need to obtain a letter from each member of the Eno River Users Group (Orange-Alamance, Hillsborough, Orange County, and Piedmont Minerals) stating that each of the Eno River Users had no objection to the City's proposed Teer Quarry operation and conditions of water withdrawal from the Eno River. DWR would then present this information to the EMC for its consideration. --Syd Sydney Paul Miller Water Resources Manager Department of Water Management, City of Durham 1600 Mist Lake Drive Durham, NC 27704 919.560.4381 ext. 35201 919.560.4479 fax Sydney.Miller(@durhamnc.gov I M WATER MANAGEMENT MITI' OF DURHA M E-mail correspondence to and from this sender may be subject to the North Carolina Public Records Law and can be disclosed to third parties. From: Howard W. Fleming [mailto:hfleming orangecountync.gov] Sent: Monday, December 16, 2019 4:03 PM To: Miller, Sydney<Sydney.Miller(@durhamnc.gov> Attachment 2 6 WATER MANAGEMENT CITY OF DURHAM October 29, 2019 Ms. Linda Culpepper, Director Division of Water Resources NC Department of Environmental Quality 1611 Mail Service Center Raleigh, NC 27699-1611 RE:Teer Quarry Operation and Eno River Capacity Use Area Dear Ms. Culpepper: The City of Durham (City) owns the Teer Quarry Reservoir located adjacent to the Eno River and needs to operate the facility under broader parameters than those currently permitted under the Finding of No Significant Impact (FONSI)for the Phase I Teer Quarry Supplemental Storage Project (2010) in order to meet the City's water supply needs.The City of Durham Department of Water Management (DWM) developed a broader set of water withdrawal and water supply access conditions in collaboration with the Division of Water Resources(DWR), the NC Wildlife Resources Commission (WRC) and the US Fish and Wildlife Service (USFWS), and presented those conditions to the Eno River Water Users at their annual meeting. The Durham Water System (City of Durham) is subject to the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan (WMOP), as are the Hillsborough Water System (Town of Hillsborough),the Orange-Alamance Water System, and Piedmont Minerals (now Resco Products).The WMOP was implemented as a result of low flow conditions during which the demand for water exceeded the amount of water available from the Eno River. With the exception of the City's withdrawal from the Eno River(downstream from US-501), the WMOP is based on Lake Orange water levels (upstream of the USGS Eno River Gage at Hillsborough) and Eno River flows at the USGS Eno River Gage at Hillsborough (US-70). See Figure 1 on the next page. The WMOP allows the City to withdraw 5 mgd from the Eno River when flows are above 30 cfs from March through May and above 10 cfs during other times of the year. The WIVIOP allows public water supply systems to withdraw additional water from the Eno River during periods of higher flow "provided that they have long-term contracts for obtaining an equal amount of water from outside the basin when the flow in the Eno River drops" (Eno River Capacity Use Investigation Water Management Operations Plan, p.4). The City has a Jordan Lake water supply allocation of 16.5%which is equal to 2,462 million gallons of water supply storage (estimated to reliably yield 16.5 million gallons per day), satisfying that requirement in the WMOP. The WMOP does not define the Eno River flow conditions for water withdrawals greater than 5 mgd.The DWM worked with the DWR,the WRC and the USFWS to develop and analyze a range of hydrologic modeling scenarios using the DWR's Cape Fear-Neuse River Basins Hydrologic Model to develop operational conditions under which the City can withdraw more than 5 mgd from the Eno River without negatively impacting the stream ecology or other Eno River users. 1600 Mist Lake Dr.Durham, NC 27704 919.560.4381 DurhamNC.gov Follow Us @CityofDurhamNC 1 00 0 7 The essence of the agreed-upon conditions for withdrawal from the Eno River is: 1. A withdrawal rate of 5 mgd is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan. 2. Withdrawal rates exceeding 5 mgd may only occur when Eno River flows as measured at the USGS Eno River Gage near Durham (US-501) exceed the annual median flow of 49 cfs, i.e.,flows well above the low flow conditions of concern in the WMOP. 3. Withdrawal rates exceeding 5 mgd require a flowby rate downstream of the point of withdrawal measured at the USGS Eno River Gage Near Durham. a. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 90%of flow above 49 cfs when Teer Quarry is above 254' MSL. b. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 80%of flow above 49 cfs when Teer Quarry is below 254' MSL. 4. Withdrawal rates exceeding 5 mgd may only occur when Falls Lake is at or above guide curve (251.5' MSL). Figure 1. USGS Stream Gages, Eno River, and Teer Quarry } �.c iS' ► Base maps Eno R. at Hillsborough #` ` s-, Eno R. Near Durham +' Hllsbo'o/gh %* LP rj Teer Quarry us is A i• Duke Forest US 501 ? + 7 oyrhom �. Oivisron �5=� US* A 16J ! 108B-C-D US 70 rov o- i ;.. NC 75i., 4. Durham 106 / - %A f i US 501 0 1 2mi N1ap data OpenStreetM ip contributors, CC-BY-... The WMOP is largely concerned with low flows in the Eno River as measured at the USGS Eno River Gage at Hillsborough.The City's withdrawal from the Eno River would only occur during high flow events, withdrawals from the Eno River would occur only about 12 days per year on average (during 1,038 days of the 32,142 days 1600 Mist Lake Dr. Durham, NC 27704 919.560.4381 DurhamNC.gov I Follow Us @Cityo©rham©it 8 modeled), and the withdrawals would be over 15 miles downstream from the Eno River Gage at Hillsborough. It is clear from Figure 1 and from the hydrologic modeling results (see Scenario 4.3 in the attached report)that the agreed upon conditions for the City to fill Teer Quarry with water withdrawn from the Eno River that the City's operation of Teer Quarry will have absolutely no impact whatsoever on the Hillsborough Water System (Town of Hillsborough), the Orange-Alamance Water System, or Resco Products.The Eno River Water Users discussed this project at their annual meeting on August 30, 2019, and expressed no concerns. The ability to withdraw water from the Eno River for filling the Teer Quarry Reservoir is crucial for the City's use of Teer Quarry as a water supply. We request confirmation that the City's operating conditions for its use of the Teer Quarry Reservoir are in accordance with the Eno River Capacity Use Investigation Water Management Operations Plan. Sincerely, Donald F. Greeley, Director C: Marie Strandwitz, Utilities Director,Town of Hillsborough Ben Vaughn, General Manager, Orange-Alamance Water System Tonya Scarlett, Operations Manager, Resco Products 1600 Mist Lake Dr. Durham, NC 27704 919.560.4381 DurhamNC.gov Follow Us @CityofDurhamNC 00 0 . 9 s,'srz,�r h y ., Uir;actor Eli 01'0nttJentQI Quality February 20,2019 Attn: Mr, Donald F. Greeley, PE, PLS Director, City of Durham Dept. of Water Management 101 City Hall Plaza Durham, NC 277701 Re: Conditions for withdrawal of waters from the Eno River and Lake Michie for transfer to the Teer Quarry and usage of those waters for water supply Mr. Greeley, The North Carolina Department of Environmental Quality(NCDEQ)-Division of Water Resources (DWR), working closely with the North Carolina Wildlife Resources Commission (WRC), and the City of Durham and their consultants, Hazen and Sawyer, have agreed to conditions by which the City of Durham would be allowed to withdraw water for water supply purposes from the Eno River. It is understood that water withdrawn from the Eno River would be discharged into the nearby Teer Quarry for water supply storage(map attached).The Teer Quarry is planned to become an additional non-emergency source of water for the City of Durham once it has been appropriately classified for drinking water purposes and approved by the Public Water Supply Section. In addition to waters from the Eno River,the Teer Quarry is also expected to receive significant contributions from Lake Michie.Availability by the City of Durham to the waters within Teer Quarry for water supply purposes will also be under a specific set of conditions.This letter serves to provide the conditions by which waters can be withdrawn from the Eno River, Lake Michie,and Little River Reservoir and transferred to the Teer Quarry and the conditions by which waters in Teer Quarry will be allowed to be used for water supply. A meeting was held on November 16, 2018 to review the proposed Teer Quarry operation and withdrawal conditions and review the results from the associated hydrologic study conducted by Hazen and Sawyer. During this meeting, none of the agency representatives present(attendance sheet attached)expressed significant issues with the results from the hydrologic analysis and offered no objections to the proposed withdrawal and water supply access conditions. Below is a detailed list of the proposed conditions and operations for the proposed project. Please note that minimum release requirements for both Lake Michie and the Little River Reservoir are also included. Minimum release requirements for Lake Michie have been previously agreed upon by NCDEQ, but not formally documented as permit conditions, Minimum release conditions for the Little River Reservoir are contained within the current NCDEQ Dam Safety Permit, l 4: toil t '}••`I) �)?v o:tip 5Ai"1)1..r Si r'."l Nnl thil e C. nt.�r !.,L QI;.`�,,i 1 e; , .?'b69 P.i1 s.F�•,,,=..,7XoiE;.m....;:n�....:;��.... � �iq'iS?i�)11C7(i 10 Proposed Conditions: 1. Prior to conducting any Teer Quarry refill operation, Falls Lake must be at or above guide curve (elevation: 251.5' mean sea level (MSL)). 2. Eno River withdrawals for transferring water to the Teer Quarry are subject to the following conditions: a. Withdrawal rate of up to 5 mgd (7.7 cfs) is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Plan,when flows in the Eno River are at or above 30 cfs from March through May and above 10 cfs during all other times of the year. River flows downstream of the Eno River intake must remain at or above 30 cfs and 10 cfs for withdrawal to occur.This is also described in the 2010 FONSI issued by the DWR allowing withdrawals for water supply from the Teer Quarry on an emergency basis; Stage 4 Water Supply Emergency.Additionally,the City of Durham has provided a chart(attached) describing the predicted withdrawal rates based upon the conceptual design constraints of the proposed weir along the southern bank of the Eno River.The pumps will be located behind the weir;therefore,water must be at a certain stage (i.e., height)to effectively flow over the structure and reach the pumps. It has been estimated by Hazen and Sawyer, consultants with the City of Durham,that the flow rates in the Eno River will meet or exceed the minimum required flows for withdrawal prior to water passing over the weir. b. Withdrawal rates exceeding 5 mgd will require a flowby rate downstream of the point of withdrawal of 49 cfs (annual median) measured at the USGS Eno River gage at Durham (US501). c. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 90%of flow above 49 cfs when the Teer Quarry is above 254' MSL. d. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 80%of flow above 49 cfs when the Teer Quarry is below 254' MSL. e. It is understood that unless agreements are secured with the primary partners(i.e,,water users group)of the Eno River CUA,withdrawals from the Eno River will be limited to a maximum daily withdrawal of 21.5 mgd (33.2 cfs)as outlined in "Outside Sources"section of the Eno River CUA Water Management Plan.This allowance is based upon the 16.5 mgd (25.5 cfs) allocation from Jordan Lake,which the City of Durham has been allocated by the Environmental Management Commission (EMC) and the existing 5 mgd allowance discussed in bullet 2a. 3. Lake Michie withdrawals for transferring water to Teer Quarry are subject to the following conditions: a. 3-tiered minimum release schedule for the Flat River below Lake Michie Dam: i. >70%storage = 1.75 cfs ii. 40%<_storage<70% =1.2 cfs iii. <40%storage =0.61 cfs b. No transfer of water to Teer Quarry will occur until Flat River flows below Lake Michie are at or above 11.75 cfs, measured at a gage location,yet to be determined, immediately downstream of the dam. c. The maximum rate of transfer from Lake Michie to Teer Quarry will be 20 mgd (30,9 cfs). 2 11 4. Little River Reservoir withdrawals for transferring water to Teer Quarry are subject to the following conditions: a. Transfer of water from Little River Reservoir to Teer Quarry will only be allowable when Lake Michie is off-line;therefore, it will be considered an emergency operation. b. Little River Reservoir has existing minimum release requirements of 6 cfs from December through May and 2 cfs all other times of the year, measured at the.crossing of Vintage Hill Parkway. c. No transfer of water to Teer Quarry until flows in the Little River below the Little River Reservoir are at or above the minimum release+20 cfs (Le,, 26 and 22 cfs), d. The maximum rate of transfer from the Little River Reservoir to Teer Quarry will be 20 mgd (30.9 cfs). S. Operation requirements for water stored in Teer Quarry to be used for water supply: a. Teer Quarry water supply operations would not occur under "normal" conditions, but would be allowable once drought conditions (Stage D1 in DWR approved Water Shortage Response Plan) are declared, as a means to more fully manage the water supply available to the City. Additional Items: 1. The Teer Quarry transfer rates will be adjustable to conditions by the City of Durham through the use of pumps with variable flow devices (VFDs), throttling valves,or other technology. 2. Requiring Falls Lake to be at or above guide curve (251.5' MSL) before allowing withdrawals to occur from Lake Michie will insure that there is sufficient water for the North Carolina Wildlife Resources Commission (NCWRC)to withdraw water for seasonal waterfowl impoundments located on the Flat River arm of Falls Lake at the Butner—Falls of Neuse Game Land. Please contact Harold Brady, harol(i.m.bradyo7i)gj enL.gov, if there are any comments or concerns regarding the withdrawal and water supply access conditions outlined above for the proposed project by the City of Durham. Thank you, Tom Fransen Chief, Water Planning Section North Carolina Division of Water Resources 3 Attachment 3 ORANGE- ALAMANCE WATER SYSTEM, INC. POST OFFICE BOX 187 MEBANE, NORTH CAROLINA 27302 TELEPHONE: (91 9) 563-621 2 December 30, 2019 Donald F. Greeley, Director RAtiwaa 091ce at the Director Department of Water Management City of Durham JAN 6 2020 101 City Hall Plaza Durham, NC 27707 Dept.of Water Management RE:Teer Quarry Operation and Eno River Capacity Use Area Dear Mr. Greeley, This letter is to confirm that Orange-Alamance Water System has no objection to the City of Durham's proposed withdrawal of water from the Eno River under the conditions specified by the NC Department of Environmental Quality Division of Water Resources (DWR).The City of Durham, referred to as the Durham Water System in the WMOP, is subject to the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP), as are the Hillsborough Water System (Town of Hillsborough), Orange County,the Orange-Alamance Water System, and Piedmont Minerals (now Resco Products). The City of Durham (City) owns the Teer Quarry Reservoir located adjacent to the Eno River and needs to operate the facility under broader parameters than those currently permitted under the Finding of No Significant Impact(FONSI) for the Phase I Teer Quarry Supplemental Storage Project (2010) in order to meet the City's water supply needs.The City of Durham Department of Water Management developed a broader set of water withdrawal and water supply access conditions in collaboration with DWR,the NC Wildlife Resources Commission (WRC) and the US Fish and Wildlife Service (USFWS), and discussed those conditions with the Eno River Water Users at their annual meeting on August 30, 2019. The essence of the agreed-upon conditions for withdrawal from the Eno River is: 1. A withdrawal rate of 5 mgd is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan. 2. Withdrawal rates exceeding 5 mgd may only occur when Eno River flows as measured at the USGS Eno River Gage near Durham (US-501) exceed the annual median flow of 49 cfs, i.e.,flows well above the low flow conditions of concern in the WHOP. 3. Withdrawal rates exceeding 5 mgd require a flowby rate downstream of the point of withdrawal measured at the USGS Eno River Gage Near Durham. a. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 90% of flow above 49 cfs when Teer Quarry is above 254' MSL. b. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 80%of flow above 49 cfs when Teer Quarry is below 254' MSL. 4. Withdrawal rates exceeding 5 mgd may only occur when Falls Lake is at or above guide curve (251.5' MSL). Sincerely, Faye Metcalf, Board of Director 13 RESCO' 11110FWL-c Imo.]„- February 4, 2020 Donald F. Greeley, Director Department of Water Management City of Durham 101 City Hall Plaza Durham, NC 27707 RE:Teer Quarry Operation and Eno River Capacity Use Area Dear Mr. Greeley, This letter is to confirm that Resco Products, referred to as Piedmont Minerals in the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP), has no objection to the City of Durham's proposed withdrawal of water from the Eno River under the conditions specified by the NC Department of Environmental Quality Division of Water Resources (DWR). The City of Durham, referred to as the Durham Water System in the WMOP, is subject to the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP), as are the Hillsborough Water System (Town of Hillsborough), Orange County,the Orange-Alamance Water System, and Piedmont Minerals (now Resco Products). The City of Durham (City) owns the Teer Quarry Reservoir located adjacent to the Eno River and needs to operate the facility under broader parameters than those currently permitted under the Finding of No Significant Impact (FONSI)for the Phase I Teer Quarry Supplemental Storage Project (2010) in order to meet the City's water supply needs. The City of Durham Department of Water Management developed a broader set of water withdrawal and water supply access conditions in collaboration with DWR,the NC Wildlife Resources Commission (WRC) and the US Fish and Wildlife Service (USFWS), and discussed those conditions with the Eno River Water Users at their annual meeting on August 30, 2019. The essence of the agreed-upon conditions for withdrawal from the Eno River is: 1. A withdrawal rate of 5 mgd is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan. 2. Withdrawal rates exceeding 5 mgd may only occur when Eno River flows as measured at the USGS Eno River Gage near Durham (US-501) exceed the annual median flow of 49 cfs, i.e.,flows well above the low flow conditions of concern in the WMOP. 3. Withdrawal rates exceeding 5 mgd require a flowby rate downstream of the point of withdrawal measured at the USGS Eno River Gage Near Durham. a. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 90% of flow above 49 cfs when Teer Quarry is above 254' MSL. b. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 80% of flow above 49 cfs when Teer Quarry is below 254' MSL. 4. Withdrawal rates exceeding 5 mgd may only occur when Falls Lake is at or above guide curve (251.5' MSL). Sincerely, ica4a;H_ Tonya Scarlett, Resco Products, Inc—Hillsborough Plant Manager 14 --TOWN OF : • • • February 14,2020 Donald F.Greeley, Director Department of Water Management City of Durham 101 City Hall Plaza Durham, NC 27707 RE:Teer Quarry Operation and Eno River Capacity Use Area Dear Mr.Greeley, We are aware that the City of Durham, referred to as the Durham Water System in the WMOP, is subject to the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP),as are the Hillsborough Water System (Town of Hillsborough),the Orange-Alamance Water System,and Piedmont Minerals(now Resco Products). The City of Durham (City)owns the Teer Quarry Reservoir located adjacent to the Eno River and needs to operate the facility under broader parameters than those currently permitted in order to meet the City's water supply needs.The City of Durham Department of Water Management developed a broader set of water withdrawal and water supply access conditions in collaboration with DWR,the NC Wildlife Resources Commission (WRC)and the US Fish and Wildlife Service(USFWS),and highlighted those conditions with the Eno River Water Users at their annual meeting on August 30,2019. The essence of the agreed-upon conditions for withdrawal from the Eno River is: 1. A withdrawal rate of 5 mgd is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan. 2. Withdrawal rates exceeding 5 mgd may only occur when Eno River flows as measured at the USGS Eno River Gage near Durham (US-501)exceed the annual median flow of 49 cfs(flows well above the low flow conditions of concern in the WMOP). 3. Withdrawal rates exceeding 5 mgd require a flow-by rate downstream of the point of withdrawal measured at the USGS Eno River Gage Near Durham. a. The total flow-by requirement in the Eno River downstream of the point of withdrawal will be 90% of flow above 49 cfs when Teer Quarry is above 254' MSL. b. The total flow-by requirement in the Eno River downstream of the point of withdrawal will be 80% of flow above 49 cfs when Teer Quarry is below 254' MSL. 4. Withdrawal rates exceeding 5 mgd may only occur when Falls Lake is at or above guide curve(251.5' MSL). This letter is to confirm that the Town of Hillsborough, referred to as the Hillsborough Water System in the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP), has no objection to the City of Durham's proposed withdrawal of water from the Eno River under the conditions specified by the NC Department of Environmental Quality Division of Water Resources(DWR). Sincerely, K. Marie Strandwitz, PE Utilities Director Utilities Department PO Box 429, Hillsborough, NIC 27278-0429 919-732-6930 1 www.hillsboroughnc.gov I @HillsboroughGov 15 Attachment 4 To be printed on BOCC letterhead March 10, 2020 Donald F. Greeley, Director Department of Water Management City of Durham 101 City Hall Plaza Durham, NC 27707 RE:Teer Quarry Operation and Eno River Capacity Use Area Dear Mr. Greeley, This letter is to confirm that Orange County has no objection to the City of Durham's proposed withdrawal of water from the Eno River under the conditions specified by the NC Department of Environmental Quality Division of Water Resources (DWR).The City of Durham, referred to as the Durham Water System in the WMOP, is subject to the Voluntary Eno River Capacity Use Area Water Management Operations Plan (WMOP), as are the Hillsborough Water System (Town of Hillsborough), Orange County,the Orange-Alamance Water System, and Piedmont Minerals (now Resco Products). The City of Durham (City) owns the Teer Quarry Reservoir located adjacent to the Eno River and needs to operate the facility under broader parameters than those currently permitted under the Finding of No Significant Impact(FONSI)for the Phase I Teer Quarry Supplemental Storage Project (2010) in order to meet the City's water supply needs.The City of Durham Department of Water Management developed a broader set of water withdrawal and water supply access conditions in collaboration with DWR,the NC Wildlife Resources Commission (WRC) and the US Fish and Wildlife Service (USFWS), and discussed those conditions with the Eno River Water Users at their annual meeting on August 30, 2019. The essence of the agreed-upon conditions for withdrawal from the Eno River is: 1. A withdrawal rate of 5 mgd is currently allowable under the Voluntary Eno River Capacity Use Area (CUA) Water Management Operations Plan. 2. Withdrawal rates exceeding 5 mgd may only occur when Eno River flows as measured at the USGS Eno River Gage near Durham (US-501) exceed the annual median flow of 49 cfs, i.e.,flows well above the low flow conditions of concern in the WMOP. 3. Withdrawal rates exceeding 5 mgd require a flowby rate downstream of the point of withdrawal measured at the USGS Eno River Gage Near Durham. a. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 90%of flow above 49 cfs when Teer Quarry is above 254' MSL. b. The total flowby requirement in the Eno River downstream of the point of withdrawal will be 80%of flow above 49 cfs when Teer Quarry is below 254' MSL. 4. Withdrawal rates exceeding 5 mgd may only occur when Falls Lake is at or above guide curve (251.5' MSL). Orange County understands that the City is proposing a new water intake location on the Eno River (approximately% mile upstream of the City's current water intake location)for use in filling the Teer Quarry reservoir. This letter of no objection to the City's proposed withdrawal of water from the Eno River does not represent Orange County's approval or resolution of support for the City's proposed new water intake location. Sincerely, Penny Rich Chair, Orange County Board of County Commissioners