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Home My WebLink AboutAgenda - 09-15-20; 8-f - City of Durham’s Teer Quarry Reservoir – Resolution of Support from Orange County for Reclassifying a Segment of the Eno River for Water Supply in Durham County ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 2020 Action Agenda Item No. 8-f SUBJECT: City of Durham’s Teer Quarry Reservoir – Resolution of Support from Orange County for Reclassifying a Segment of the Eno River for Water Supply in Durham County DEPARTMENT: Planning & Inspections ATTACHMENTS: INFORMATION CONTACT: 1. City of Durham’s Request for Resolution of Craig Benedict, Planning Director, Support from Orange County 919-245-2592 2. Cost Estimate and Durham Statement Christopher Sandt, Staff Engineer, of Cost Reimbursement to Orange County 919-245-2583 3. Timeline for Teer Quarry Initiatives 4. Executed Resolution of Support from the Town of Hillsborough 5. Draft Orange County Resolution of Support PURPOSE: To consider approval and signature by the Board Chair of a Resolution of Support from Orange County related to the City of Durham’s (City’s) proposed initiative to make the Teer Quarry Reservoir a new public water supply and reclassifying a segment of the Eno River within Durham County as Water Supply, in conformance with the State’s Water Supply Watershed Protection Program. The City has formally requested Orange County’s support for this effort which would require the County to take the necessary steps to provide public notice and initiate the associated public hearing(s), Planning Board meeting(s) and Board of County Commissioners (BOCC) meeting(s) to amend land use restrictions imposed by water supply watershed protection rules for the affected areas within Orange County. BACKGROUND: The City of Durham owns and operates the Teer Quarry Reservoir (Quarry), an emergency water 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). Attachment 1 is a written request by Mr. Donald F. Greeley (Director, City of Durham Department of Water Management) for Orange County to approve a Resolution of Support to make the Teer Quarry Reservoir a new public water supply and reclassifying a segment of the Eno River within Durham County as Water Supply, in conformance with the State’s Water Supply Watershed Protection Program. The City plans to convert the Quarry to a non-emergency source of water supply for the City once the Quarry has been appropriately classified for drinking water purposes and approved by 1 the North Carolina Environmental Management Commission (EMC). To convert the Quarry to a Water Supply, the City must construct a new raw water intake on the Eno River approximately ¾ mile upstream of the City’s existing Eno River emergency intake. Construction and use of the new raw water intake will require that all affected Orange County parcels located within the ¾ mile upstream shift adhere to land use ordinances imposed by the State’s Water Supply Watershed Protection Program. Attachment 1 is an overall map showing the proposed location of the new raw water intake, as well as a display of the affected areas within Orange County that would require reclassification as a Water Supply Watershed. Specifically, the location of the proposed new raw water intake would affect approximately 850 property owners within Orange County (i.e. owners of parcels that would be located within the expanded Watershed Protection Overlay District). Approximately 700 additional property owners within Orange County would have to be notified due to Orange County’s 1,000-ft notification requirement. Orange County’s approval of a Resolution of Support would require Orange County to commit to the following items: A Public Information Meeting (PIM) would need to be held, requiring approximately 1,550 first class letters to be mailed out prior to the meeting. A Planning Board Meeting would also need to be held, requiring approximately 850 Certified Mail letters and approximately 700 first class letters to be mailed out prior to the meeting. Approximately 425 signs, at a minimum, would need to created and posted prior to the Planning Board Meeting. A legal ad would also need to be published for the Planning Board Meeting. A BOCC Public Hearing would also need to be held, requiring the same mailings, signage and legal ad postings as the required Planning Board Meeting. Attachment 2 provides a detailed/itemized list of Orange County public notice and meeting requirements associated with the City’s proposed Teer Quarry Initiatives. The City has provided Orange County with a general timeline in Attachment 3 for the Teer Quarry initiatives (e.g. permitting, engineering/design, construction). The City hopes to have the new raw water intake and distribution lines constructed by the 3rd Quarter of 2025. The City has also requested a Resolution of Support for this initiative from the Town of Hillsborough (Town). The Town Board of Commissioners reviewed and approved the Town’s Resolution of Support at its March 9, 2020 Regular meeting. Attachment 4 is a copy of the Town’s executed Resolution of Support. Resolution of Support from Orange County: Orange County Staff has no objection to the City’s intent to classify the Teer Quarry Reservoir as a Water Supply and construct a new raw water intake on the Eno River approximately ¾ mile upstream of the City’s existing Eno River emergency intake within Durham County. While Orange County’s public notice and public meeting requirements for these initiatives are quite substantial, Orange County Staff is in support of the City’s initiative to ensure reliable future water supply for their constituents/customers. Attachment 5 is a draft Orange County “Resolution of Support” for proposed Board approval, signature by the Board Chair, and distribution to the City. 2 Orange County understands that City’s initiatives to classify the Quarry as a Water Supply and to construct a new intake on the Eno River approximately ¾ mile upstream of the City’s current water intake location will not be undertaken until the City obtains all necessary approvals from the NC Department of Environmental Quality Division of Water Resources (DWR) and the EMC. FINANCIAL IMPACT: The estimated financial impact to Orange County for the required public meetings, mailings and signage is estimated to range from $24,657.50 to $39,532.50. The actual cost will depend on whether Orange County will adhere to Orange County public notice requirements (i.e. the higher estimate), or the minimum public notice requirements under State las (i.e. the lower estimate). The City has committed in writing (Attachment 2) that it will reimburse Orange County for all costs related to the expansion of the water supply watershed protection zone (i.e. the Watershed Protection Overlay District) within Orange County, given a detailed and approved invoice. 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 impacts are applicable to this item: • RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. RECOMMENDATION(S): The Manager recommends that the Board approve the attached Orange County “Resolution of Support” (Attachment 5) for signature by the Board Chair and subsequent distribution to the City. 3 4 5 6 From:Miller, Sydney To:Craig Benedict Cc:Michael Harvey; Christopher Sandt; Elaina Cheek; Whiteman, Scott; Greeley, Don Subject:[EXTERNAL MAIL!] RE: City of Durham"s Teer Quarry Reservoir - Proposed Intake Relocation - General Discussion Date:Wednesday, July 15, 2020 2:57:09 PM Attachments:image001.png image002.png Craig, We understand that the cost estimate for the public notification required by Orange County and related costs of the water supply watershed protection land use ordinance change for the Teer Quarry project is from $24,657.50 to $39,532.50. We would reimburse those costs given a detailed invoice. 1.When might a resolution of support for the reclassification of the Eno River for water supply be placed before the Orange County Board of Commissioners? 2.What are our next steps? --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 Sydney.Miller@durhamnc.gov Please note that e-mail correspondence to and from this sender may be subject to the provisions of North Carolina Public Records Law and disclosed to third parties. From: Michael Harvey [mailto:mharvey@orangecountync.gov] Sent: Monday, July 13, 2020 11:18 AM To: Miller, Sydney <Sydney.Miller@durhamnc.gov>; Whiteman, Scott <Scott.Whiteman@durhamnc.gov> Cc: Craig Benedict <cbenedict@orangecountync.gov>; Christopher Sandt <csandt@orangecountync.gov>; Elaina Cheek <echeek@orangecountync.gov> Subject: FW: City of Durham's Teer Quarry Reservoir - Proposed Intake Relocation - General Discussion Attachment 2 7 Syd: hope you are well. While you and I reviewed this information in a phone call in late June, I was asked by Mr. Benedict if I could forward this e-mail chain on advertising costs to you today. Let me know if I can be of additional assistance. Michael D. Harvey AICP, CFM, CZO Current Planning Supervisor Orange County 131 West Margaret Lane Suite 201 PO Box 8181 Hillsborough, NC 27278 (919) 245-2597 Permit and Inspection Information is NOW AVAILABLE ONLINE!! Click here to access our portal Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. SERVICE IMPACTS FROM COVID-19 PLEASE NOTE: Orange County and the State of North Carolina has issued Declaration(s) of a State of Emergency due to the COVID-19 pandemic. The Order shall remain in effect until August 3, 2020 at 5:00 p.m. The Order shall be reviewed periodically to determine whether it should be extended, modified, or rescinded. For the latest information and guidance relating to Orange County’s COVID-19 response, visit https://www.orangecountync.gov/Coronavirus Effective immediately, the following adjustments have been made to protect employees and the general public and to ensure that service levels can be maintained throughout the duration of the COVID-19 pandemic. Office Hours: Current Planning offices shall be open from 11 a.m. to 2 p.m. daily for the receipt of applications and handling of previously scheduled appointments. Until further notice, members of the general public needing to see a planner will need to schedule an appointment to do so and wear face coverings (i.e. masks). Planning staff can be reached at the following: 8 Michael Harvey, Supervisor: (919) 245-2597 or mharvey@orangecountync.gov Patrick Mallett, Planner 2: (919) 245-2577 or pmallett@orangecountync.gov Molly Boyle, Planner 1: (919) 245-2599 or mboyle@orangecountync.gov Tyler Sliger, Planning Technician: (919) 245-2598 or tsliger@orangecountync.gov Meetings: Meeting(s) shall occur by appointment only during revised operating hours listed above. Please note staff will observe appropriate social distancing requirements and staff 6 feet away from parties attending a meeting at all times. Plan Review: Applications for development projects shall be accepted: Electronically via e-mail; By Mail sent to: Orange County Planning ATTN: Current Planning Division PO Box 8181 Hillsborough, NC 27278 Dropped off in person during the revised operating hours listed above. PLEASE NOTE: Applications physically dropped off at Planning offices shall be placed in an appropriately labeled drop box and shall not be handed by staff until appropriate social distancing protocols can be observed. Staff will be unable to review and discuss the proposal with you at the time of submittal. Submittal of Fees: Fees can be submitted with the application (mail and in person). Those applicant’s needed to pay using a credit card shall be contacted by staff to process a payment over the phone. PLEASE NOTE: Until further notice, cash shall not be accepted/handled by staff. Permits: Permits shall be processed as quickly as possible. Please note deficiencies in the application submittal will impact staff’s ability to process the development request. Inspections: Inspections shall be completed either on a first come basis or via appointment. If staff is required to meet applicants in the field, appropriate social distancing policies shall be adhered to. Communications: Current Planning staff can be reached at the e-mail addresses and phone numbers listed above. From: Michael Harvey Sent: Monday, June 08, 2020 11:43 AM To: Craig Benedict (cbenedict@orangecountync.gov); Christopher Sandt; Elaina Cheek Subject: FW: City of Durham's Teer Quarry Reservoir - Proposed Intake Relocation - General Discussion Based on my read of available information, I have the following: 1. Project will directly impact 850 property owners (i.e. now within the Watershed Protection 9 Overlay District); 2. Approximately 700 property owners will have to be notified given the County’s 1,000 ft. notification requirement. Cadence: my review of the UDO, as well as past practice, indicates to me: Public Information Meeting (NIM): a. County will hold a public information meeting (consistent with past projects); b. Will need to coordinate with Durham staff to attend the public information meeting; c. 1,550 first class letters will be sent (impacted property owners and within 1,000 ft.) with a total cost of $852.50 ($0.55 first class rate per letter); Format of meeting unknown at this time (i.e. on-line versus in person meeting) Estimated advertising costs: $852.50 Planning Board Meeting: a. ‘Impacted property owners’ have to be notified of the Planning Board meeting via certified mail (Section 2.8.7 (D)) – 850 property owners at $4.80 per letter: Total Cost: $4,080.00 b. 700 property owners within 1,000 ft. will get a first class mailed notice of Planning Board meeting (700 letters at $0.55 per letter): Total Cost: $385.00 c. Signs have to be placed on the impacted properties (staff conservatively figures there will need to be at a minimum of 425 signs – each property has to be posted. Staff can post a sign on 2 properties at once) advertising the Planning Board meeting. Total cost of signs will depend on the order, size of sign, etc. When we completed signs for atlas amendment removing the ‘special flood hazard area overlay district’ we paid approximately $35 per sign (including wire support brackets). Total anticipated cost: $14,875.00 d. Legal ad will have to be published for the Planning Board meeting. Price will be based on inclusion of a map and size. Unknown what format this will take. Estimated Planning Board meeting advertising costs: $ 19,340.00 BOCC – Public Hearing: a. ‘Impacted property owners’ have to be notified of the Public Hearing via certified mail (Section 2.8.7 (D)) – 850 property owners at $4.80 per letter: Total Cost: $4,080.00 b. 700 property owners within 1,000 ft. will get a first class mailed notice of Public Hearing (700 letters at $0.55 per letter): Total Cost: $385.00 c. Signs have to be placed on the impacted properties (staff conservatively figures there will need to be at a minimum of 425 signs – each property has to be posted. Staff can post a sign on 2 properties at once) advertising the Public Hearing. Total cost of signs will depend on the order, size of sign, etc. When we completed signs for atlas amendment removing the ‘special flood hazard area overlay district’ we paid approximately $35 per sign (including wire 10 support brackets). Total anticipated cost: $14,875.00 NOTE: We can print out new sign messages using plotter and re-use signs from Planning Board meeting. I have no way of estimating cost of paper, ink, or laminating materials we will incur. Not to mention staff time printing out new sign messages. d.Legal ad will have to be published for the Public Hearing. Price will be based on inclusion of a map and size. Unknown what format this will take. Estimated Public Hearing advertising costs: $4,465.00 (presumes re-use Planning Board signs BUT does not include costs of materials for printing new signs and does not include legal ad fee estimate) to $19,340.00 (presumes new signs BUT without legal ad fee estimate) As a general reminder, the County’s public notice requirements exceed what is required under State law, which increases advertising costs. Craig: do I have your permission to share this with Durham or do you want an internal discussion first? Thanks. Look forward to hearing from you. MDH 11 Teer Quarry Project 5/7/2020 Begin End Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Permitting Teer Quarry Operation Hydrologic Modeling 6/1/2010 11/6/2012 Water Quality Modeling 2/18/2015 9/21/2016 Hydrologic Modeling 1/2/2018 7/2/2019 DEQ Approval of Teer Quarry Operation 5/2/2017 2/20/2019 ! Eno River Capicity Use Water Management Letters of No Objection Town of Hillsborough 8/30/2019 2/14/2020 Orange-Alamance Water System 8/30/2019 12/30/2019 Orange County 8/30/2019 3/10/2020 Resco Products, Inc. (formerly Piedmont Minerals)8/30/2019 2/4/2020 EMC Approval 3/17/2020 7/8/2020 Teer Quarry Ground Water Remediation Phase II Remedial Investigation Work Plan 2/6/2020 Monitoring and Analysis Eno River Water Supply Reclassification Resolutions of Support City of Durham 3/14/2019 4/20/2020 Durham County 3/14/2019 4/27/2020 Town of Hillsborough 12/7/2018 3/9/2020 Orange County 12/7/2018 9/1/2020 Water Supply Reclassification Request 9/7/2020 3/1/2022 DWR Data Collection & Analysis EMC Approval Teer Quarry Water Supply Reclassification Water Supply Reclassification Request 9/7/2020 3/1/2022 DWR Data Collection & Analysis EMC Approval Preliminary Engineering RFQ, Selection, Contracting PER Design and Permitting RFQ, Selection, Contracting Facility Permitting Quarry Berm Design Eno River Intake and Pump Station Design Raw Water Line-In Design Teer Quarry Intake and Pump Station Design Construction Bidding, Selection, Contracting Quarry Berm Construction Eno River Intake and Pump Station Construction Raw Water Line-In Construction Teer Quarry Intake and Pump Station Construction 2024 20252019 2020 2021 2022 2023 12 13 Res. #_RES-2020-056__ ORANGE COUNTY BOARD OF COMMISSIONERS Resolution of Support for Reclassifying a Segment of the Eno River for Water Supply in Durham County, North Carolina WHEREAS, the City of Durham owns Teer Quarry located at 5090 Denfield Road in Durham County, adjacent to the Eno River; and WHEREAS, Teer Quarry is critical for meeting the City’s emergency water supply needs and will improve the City’s water system reliability; and WHEREAS, Orange County has an allocation of water supply storage in Jordan Lake with the expectation that the City of Durham’s water supply system will serve a portion of Orange County with water from Orange County’s Jordan Lake water supply allocation; and WHEREAS, the City of Durham is at the center of an interconnected, regional water supply network that includes the Town of Hillsborough, the Orange Water and Sewer Authority, Chatham County, the City of Raleigh, and the Town of Cary; and WHEREAS, improving the City of Durham’s water supply reliability improves water supply reliability for the Town of Hillsborough, the Orange Water and Sewer Authority, and Orange County; and WHEREAS, use of Teer Quarry as a water supply requires filling it from a new intake in the Eno River; and WHEREAS, the North Carolina General Statutes require that the segment of the Eno River in which the new intake is located and its watershed, as well as Teer Quarry, be reclassified to protect the quality of the water; NOW, THEREFORE, we, the Orange County Board of Commissioners hereby resolves to support the reclassification of the lands and waters identified by the North Carolina Department of Environmental Quality as being within the new Eno River intake watershed to WS-IV NSW with a Critical Area (CA) and Protected Area (PA), and Teer Quarry to WSIV NSW CA. This 15th day of September, 2020. Attest: __________________________________ ________________________________ David Hunt, Deputy Clerk to the Board Penny Rich, Chair Orange County Board of Commissioners Attachment 5 14