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HomeMy WebLinkAboutAgenda - 04-06-2021; 12-5 - Memorandum - Update on Upper Neuse River Basin Association (UNRBA) Implementation Strategy 1 MEMORANDUM To: Bonnie Hammersley, County Manager From: David Stancil, DEAPR Director Date: March 25, 2021 Re: Update on Upper Neuse River Basin Association (UNRBA) Implementation Strategy This memo serves to provide an update to the Board of County Commissioners (BOCC) and yourself on follow-up actions that have occurred since our report to the BOCC at their November 5, 2020 meeting. That report shared upcoming activities to operationalize the Upper Neuse River Basin Association's (UNRBA) planned Interim Alternative Implementation Approach (or IAIA) to address the nutrient management reductions required for the Falls Lake watershed. As you know, most of central and northern Orange County is within the Upper Neuse and Falls Lake watershed (please see attached map) and is subject to the Falls Lake nutrient management rules. This memo was prepared with the assistance of County Staff Attorney James Bryan, Water Resources Coordinator Wesley Poole, Planning Director Craig Benedict and Staff Engineer Christopher Sandt. Overview of Recent Actions As noted at the November 5 meeting, Orange County and the other local government and public water provider members of the UNRBA have developed and now gained concurrence from the NC Division of Water Quality for an alternative strategy to address needed nutrient reductions for the adopted Falls Lake Watershed Rules to meet the Stage 1 rules requirements, beginning in FY 2021-22. This strategy is the aforementioned IAIA, which has each participating jurisdiction that is subject to the watershed rules agreeing to undertake a spectrum of different measures each year to decrease nutrient loading of nitrogen (N) and phosphorus (P) in Falls Lake, as required. In this strategy, each of the local governments and partners will begin implementing projects from a menu of nutrient reduction measures— implemented on a cost- wise basis for the next three to five years based on a jurisdictional share formula used by the UNRBA. At the November 5 meeting, the Board of Commissioners agreed to participate in the IAIA strategy and plan effective with the 2021-22 fiscal year. Orange County's funding share of annual projects to reduce nutrient loading is $161,943. 2 As noted in the November update, the mechanism to create and approve the IAIA approach and package was determined to best be accomplished through a revision to the UNRBA bylaws. These changes were drafted by the UNRBA Legal Group and presented for consideration in March. On March 18, the UNRBA Board of Directors approved changes to the bylaws that enable the IAIA process, and Vice-Chair Jamezetta Bedford, as the Orange County UNRBA delegate, represented the County in this action consistent with BOCC direction from November. Plans are now underway for each jurisdiction to identify planned projects for the upcoming fiscal year. The full IAIA document may be found at the following link: https://www.orangecountync.gov/DocumentCenter/View/15307/Interim-Alternative-lmplementation- Approach-for-UNRBA- Orange County IAIA Nutrient Reduction Funding and Possible Projects Funding for Orange County's share of the IAIA has been included in the adopted Capital Investment Plan, beginning in the upcoming fiscal year. A total of$175,000 was approved for this effort in Board actions from spring and fall 2020, and will be included again in the Manager's Recommended CIP for FY 2021-26 this spring. It should be noted that conservation projects that protect stream and riparian corridors and preserve certain other sensitive lands toward this program will be able to leverage additional funds from the County's Lands Legacy Program, as well as other grants and donations for the conservation projects. As noted above, the approved IAIA has a menu of different activities and projects that will count toward addressing the required nutrient management reductions. These include stormwater management improvements and retrofits, conservation activities and stream buffer protection, stream buffer and floodplain restoration, and wetland creation, among others. (A complete listing of possible measures is included in the IAIA program link shown above). Staff from DEAPR, Planning and the County Attorney's office have participated in the UNRBA deliberations and plans to date, and there are a variety of projects that have been identified for future approval (to be addressed in more detail as the CIP is discussed this spring). These include: • A conservation easement project that will protect a significant stretch of a tributary of Seven Mile Creek and the Eno River • Wetland creation and conversion of an existing sediment basin at an Orange County school in the Upper Eno watershed • Protection of a long stretch of Seven Mile Creek and adjacent tributaries through a conservation acquisition to add to the Seven Mile Creek Natural Area • Creation of a floating wetland within an existing stormwater pond in the Eno basin • Installation of stormwater control measures (SCM's) on selected County properties and/or parkland • Ongoing Hydrilla management programs in the Eno River and upstream impoundments 3 • Other projects to be identified In summary, it is expected that Orange County will be able to easily meet—and likely exceed - the required commitment on nutrient reduction measures in FY 21-22 through the above actions. Worthy of note is the fact that project expenditures and activities in excess of the County's annual financial commitment share may be carried forward into future fiscal years. Next Steps At the upcoming CIP worksession, staff will share with the Board more details about identified nutrient reduction projects for consideration in the IAIA commitments for FY 21-22. The UNRBA continues to work towards coordination of this new and innovative initiative among the member jurisdictions, and exploring possible joint efforts by jurisdictions to meet the nutrient reduction needs. Concurrently, the UNRBA's Legal Group, which includes Orange County Attorney James Bryan, and outside counsel are watching nationwide developments to similar processes for any future implications. Please feel free to contact me for any additional information or questions. Copies: Travis Myren, Deputy County Manager Craig Benedict, Planning and Inspections Director James Bryan, Staff Attorney Wesley Poole, Water Resources Coordinator Christopher Sandt, Staff Engineer 4 ,Waters } Roanoke RiyerjBasin: Hyco Creek SPOWHyco Creek' Flat River (Protected) (Pr t cted)� I I I 49 157 r I 86 I� � ( 1 Little,Ri ev� _I West Fork (Protected) on•the Eno ✓ i Back_Creek - r r Reservoi I Protected Lake Orange �I ( ) NPE'643' NPE 615' )Neuse; 57 River Basin y7 If , i Upper Eno (Protected) % I Upper-En, �I j (Critical) j Lower r Eno Corporate Lake NPE 538' I 70 LowerEno� l (Protected) Lake Ben Johnston Q 1 fVPE 515' Haw Creek Seven Mile Creek ` 70A N20581' ; I 70 m Municipal Jurisdiction t Streams 751 Water Bodies River Basin Boundary ( Cane Creek \ (Protected) ` 2 Watersheds Cape'Fear River Basin I y j Water Supply Watersheds: Jordan Lake Protected i Critical Cane Creek .�. 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