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HomeMy WebLinkAboutAgenda - 08-15-2000-8mORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 15, 2000 Action Agenda Item No. ~-m SUBJECT; Oran a Count Stormwater Pro ram for Lands within the Neuse River Basin DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ~] ATTACHMENT(S): Phased Implementation Schedule Minutes from the Public Hearing Orange County Stormwater Program for Lands within the Neuse River Basin (Ordinance under separate cover) INFORMATION CONTACT: Craig Benedict, Ext. 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To comply with NC Administrative Code Section 15A NCAC 2B .0235. To provide greater water quality protection within the nutrient sensitive Neuse River Basin within Orange County. BACKGROUND: The Neuse River Basin Nutrient Sensitive Waters Management Strategy is a set of rules adopted in August, 1998 by the Environmental Management Commission (EMC) with a goal of a 30% reduction in nitrogen output from each of the following sources: Wastewater Treatment, Urban Stormwater, Agriculture, and Nutrient Application., Included within the rule is the protection of Riparian Buffers due to their ability to aid in the removal of nitrogen from groundwater. The excess amounts of nitrogen currently entering into the Neuse River have been the primary cause of the recent algae blooms and the resulting fishkills in the coastal areas of the basin. The Model Stormwater Program addresses the requirements of the Neuse River Basin Nutrient Sensitive Waters Management Strategy (also known as the "Neuse Rules") as they apply to stormwater. The stormwater section of these rules applies only to the larger local governments within the basin, and includes Orange County. The main focus of the stormwater requirements is to reduce nitrogen loaded runoff from leaving urban and rural areas and entering the streams and rivers of the basin. The Orange County Stormwater Program and Ordinance are based upon the Model Stormwater Program and other guidance documents provided by the Triangle J Council of Governments and the Environmental Protection Agency. The Program contains the following components: • Introduction and Purpose • Draft Stormwater Ordinance • New Development Nitrogen Control Review/Approval New development would have to meet the 30% reduction goal by implementing planning considerations and best management practices, such as constructed wetlands. The rule imposes a 3.6 pounds per acre per year (Ibs/ac/yr) nitrogen loading limit on new development. Nitrogen load from new developments that exceeds this performance standard may be offset by payment of a fee to the Wetlands Restoration Fund provided, however, that no new residential development can exceed 6.0 Ibs/ac/yr and no new non-residential development can exceed 10A Ibs/ac/yr. Illegal, Discharge Program Illegal discharges are substances deposited in storm sewers (which lead directly to streams) that really should be handled as wastewater discharges. Depending on the source, illegal discharges may contain nitrogen. Local governments must identify and remove illegal discharges. • Retrofit Program There are a number of funding sources available for water quality retrofit projects, such as the Clean Water Management Trust Fund and the Wetland Restoration Program that the NC General Assembly has recently established. To assist technical experts, local governments are required to identify sites and opportunities for retrofitting existing development to reduce total nitrogen loads. • Public Education Action Plan Citizens can reduce the nitrogen pollution coming from their lawns and septic systems if they understand the impacts of their actions and respond with appropriate management measures. The local govemments will develop and implement public education programs for the Neuse basin. • Reporting Requirements Annual Neuse River Basin Stormwater Reports must be submitted to NCDENR-DWQ by October 30 of each year beginning in 2001. The report components are included in the plan. The Program Document will be forwarded to you under separate cover. NC Administrative Code Section 15A NCAC 2B .0200, and guidance documents (Model Stormwater Program and Appendices) from NCDENR- DWQ were provided for the Public Hearing on May 22,2000. Request To forward the Draft Orange County Stormwater Program for Lands within the Neuse River Basin to NC Department of Environment and Natural Resources- Division of Water Quality for their review and comments which will be incorporated in a final document prior to March 9,2001. The deadline to submit the draft Program and Ordinance for preliminary comments is August 16,2001. NCDENR-DWQ staff will review the draft and provide the preliminary comments. Revisions based on these comments and comments from the Board of County Commissioners must be incorporated into the final Program and Ordinance for the final submittal before September 7, 2000. This date must be met in order to allow NCDENR-DWQ staff to place the Orange County Program and Ordinance on the agenda for the September 7,2000 meeting of the Environmental Management Commission. Approval from the EMC is required before implementation may take place in March 2001. If the March 7, 2001 deadline far implementation is not met, Orange County will be unable to reapply for a five year period, during which NCDENR-DWQ will administer the Neuse River Basin Stormwater Program for Orange County. Location Upper Neuse River Basin within Orange County which includes Upper and Lower Eno, Little River and Flat River watershed basins. Existing and Proposed Conditions Existing: Erosion and Sedimentation Control, and Water Supply Watershed Requirements currently in place. Proposed: Stormwater control requirements to regulate and reduce development impacts. For farming impacts, Soil and Water is currently implementing the Neuse Rules as they apply agriculture. Develo meat Process Schedule and Action • Public Hearing held May 22, 2000 • NCDENR-DWQ expects local program draft in August 2000 • Forward Draft Program to NCDENR-DWQ upon approval by the Board. Implementation by March 9, 2001 upon approval by DWQ, the Environmental Management Commission, and the Board of County Commissioners. FINANCIAL IMPACT: This program is an unfunded state mandate. Existing Erosion Control staff will be responsible fior the Program submittals and revisions until implementation in March 2001. The Planning and Inspections Department is gauging the impact of the Program by developing a process where this additional data collection, plan review, inspection, monitoring, reporting, enforcement, and public outreach is included. However, the totality of the Program even with coordination and cooperation with Soil and Water, Engineering, Environmental Health, and state agencies may require additional staff. NCDENR- DWQ has allowed for a phased implementation of the most extensive section of the program- Illegal Discharges. It is estimated that one staff position will be required in 2001-2002 and another in 2002-2003 by the final phase of implementation in October, 2002. The phased implementation approach from DWQ is attached. Revenue from the Program activity is included in the fee structure in the amount of a $150 Annual Maintenance fee per permanent Nitrogen Export Removal Best Management Practice and a Stormwater Management Plan Review fee is in process. A review of approximately how many plans are being estimated for this Program and how much revenue would be generated each year, based on current development rates is under review. Associated plan review and regulatory requirements are presently within the purview of Erosion Control and staff shall investigate the comprehensive structure for Stormwater Management activities to examine the possibilities of a revenue-expenditure balance. RECOMMENDATION(S): Administration recommends transmittal of the" Orange County Stormwater Program for Lands within the Neuse River Basin" to NCDENR-DWQ, or as the Board decides. 3H. Implementation Schedule (from the Model Stormwater Program provided by NCDENR-DWQ) In keeping with their goal of having an efficient and cost-effective program, the Neuse Stormwater Team has created a phased implementation schedule for illegal discharges (Table 3d). The schedule allows for collecting jurisdiction-wide information during the first year of implementation and then screening the high priority areas during future years. This phased schedule is also intended to allow communities to evaluate and make improvements to their programs as they progress through high priority areas. Table 3d: Implementation Schedule and Annual Reporting Requirements Year Im lementation Re uirements Annual Re ort Re uirements By February • Establish legal authority to Submit report identifying 2001 address illegal discharges established legal authority to meet re uirements. By October 2002 Collect jurisdiction-wide • Report on completion of information. jurisdiction-wide information • Select high priority area for collection. additional screening. • Submit map of high priority • Initiate illegal discharge areas and reason for hotline. selection. • Report on initiation of illegal discha a hotline. Each • Complete mapping and field • Submit map of stormwater subsequent year screening for high priority collection system in high after 2002 area. priority area upon request • Select next high priority area. by DWQ. • Identify and remove Illegal • Document illegal discharges discharges as encountered. found and resulting action. . Continue operating illegal • Report on hotline usage and discharge hotline. actions taken. - Submit map of next high priority area and reason for selection. Dppffp z MINUTES 3 QRANGE COUNTY BOARD OF COMMISSIONERS 4 AND 5 ORANGE COUNTY PLANNING BOARD 6 MAY 2$, 2000 7 s The Prange County Board of Commissioners met in point session with the Grange County 9 Planning Board on MondaX, May 22, 2gp0 at 7:30 p.m. in the F. Gordon Bettie Courtroom, to Hillsborough, North Caroling. 11 lz 13 W la 15 16 I7 18 19 zo zl 2z 23 z~ zs 26 z7 zs z9 30 31 32 33 34 35 36 37 6 CC?UNTY COMMISSI N S PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret Brown, ,Alice M, Gordon, and Barry Jacobs COUNTY COMMISS ~ NER ABSENT: Stephen H. Halkiotis Afl~f~AM Ate. •-.~_ ~e_ _ _ __ ___ _ _ Karen Barrows, Howard Robert Strayham ~u I~UAFiU MEMBE S PRE~,SENTr Chair Leo Allison and members Craufard D. Goodwin, Rachel Preston, Co-Chair James Selkirk, and -- ~~-~~ v~y1V 1 T' IVIN{.7 ~ AKO mEMBERS ABSENT: Barry Katz, 'Theresa Nicole Goading-Ray, Onie Lea, Lyinne Holtkamp, Runyan Woods, COUNTY ATTORNE PRESENT: Harmony Whalen COUNTY STAFF PRE ENT: County Manager Jahn M. Link, Jr., Planning Director Craig Benedict and Gerk to the Board Beverly A, Blythe (all other staff members will be identifiedi~appropriately below) NOTE: ALL DOC MENTS REFERRED TD IN THESE MINUTES ARE IN THE;PERMANENT AGENDA FILE ~ THE CLERK'S OFFICE. ALL RECORDINGS OF T~ ME,.,~, STING WILL BE KEPT FOR YEARS, a. oP~ REMARKS FROM T„~ c , Orange County Board:: of Commissioners Chair Moses Carey said that the Orange County Planning Board Chair Leo ~Ilison would be chairing the first two items on the agerijda tonight and he would 'be chairing the third item. B. PU~, BLIC CAE Chair Carey dispensed with the reading of the public charge. C. PUBLIC. HEARING ITS 3s 1. O. canoe Coun Z„~,ning Ordnance Text Amendments 39 a. Section x0,1 Public Hearing and Notlce Thereof 4o Planning Director Craig Benedict made the presentation. He outlined thr~ items to be 41 discussed as stated an the agenda. 42 He summarized thg two Zoning Ordinance amendments. He said that, consistent with the 43 goals that have been put fortth from the County, staff looked at the public participa~an procedures that 44 are a requirement of the zoning code. They found that when a public hearing is oiled, the first time the as public hears about what wiil'be on the public hearing is something in the newspapers. He said that a lot a6 of the public believes, from tihis advertisement, that all of the ideas have been created and decisions 47 have been made, He summarized the process of 8 public hearing. He said that tFpe new process is 48 consistent with state law and includes notifications out to the public. Ne gave an eacampl~ of changing a9 regulations within a watershed and said that the County would have to notify every.; person within the 50 watershed and every persar~ within a 50p-foot radius around the watershed. The piropasal i.s that a 51 notice will be sent out to ha~ne an open house or public forum prior to the public mdeting. This would 5z give the staff an opportunity;to meet with the public and explain the changes that are being made. 7 2 i There would also be anothbr opportunity after the public hearing for more comments from the public. 2 He said that the staff worked with the Institute of Government and an intern that was doing some ~ paperwork on decision malting and public policy. He said that bringing in the public at an earlier time a usually leads to better understanding. He said that over the next 12 to 1$ months, there would be a lot 5 of changes in the comprehensive plan and he hoped that the public participation procedures would 6 assist in making the changes more understandable. s UESTIONS FROM COU TY COMMISSIONERS OR PLAN ING BOARD MEMBER5 9 Commissioner Brown:.asked what the new procedures would eliminate that are presently being 1o done, Craig Benedict said ,that instead of sending out 5,000 notices, the Planning Department would 11 place ads in a newspaper fpr four canseeutive weeks. In addition, they would hake an open house -- 12 meeting at a residence or Ibcation in the specifc area. These changes in notification would only be i3 when the County is changimg major regulations_ Anyone who petitions for a zoning change to make is their property commercial, or to build a tower, would have to follow the other guidelines and every 15 person Within that SQO-foot iboundary would have to be notified. 16 Commissioner Brownasked if a public information meeting would be done each time. Planner 17 Robert Davis said that for regular rezanings this procedure would not be followed; There would also be 18 signs posted around the prmpertY announcing the public hearing, Craig Benedict said that the Planning 19 staff could consider some sort of neighborhood meeting, 20 Commissioner Brown;Clarified that the neighborhood meeting could be added and Craig Benedict zl said yes, this is a suggested change that the Planning Board will consider. zz Commissioner Gardort feels that this process is an improvement but she hesitates to eliminate the z3 letters and asked if the left@rs could be retained in the process. z4 Craig Benedict explained the reasons for not retaining sending out of letters in the process. He z5 feels that it is a better inves3ment in staff time to meet personally with people in th'e area where a z6 change has been requestegl. 27 Commissioner Gordor~ feels that it would help if people received a letter because some people do zs not read the newspaper. Craig Benedict said that the staff would consider keeping the letters as z9 proposals are brought back. 3o Commissioner Jacobs said that he shares the concerns of Commissioner Gordon about 31 eliminating the letters. He made reference to the advertising and Craig Benedict clarified that it would 32 be four weeks in one newspaper of public record. He likes the idea of open houses and hav(ng the 33 meetings in the, cammunitie8. He made reference to page five and questioned the posting of signs at 34 least ten days before the meting and asked if people could be given additional time and if the signs 35 could be posted more in advance. 36 Craig Benedict said that the signs could be posted sooner than 10 days. 37 Comrnissianer Jacobs. would like for the signs to be posted longer than ten days. He made 38 reference to page six and the advertising according to state statute and the rationale behind placing 39 larger advertising, The state statute is less than ~ of a newspaper page in size. ao Craig Benedict said that because Qrange County sends out individual notices, that the ads have a1 been smaller in the past. He said that the staff is suggesting that the County put I~rger ads in the paper az than what is required by state law. He said that even though the larger ad is expensive, the increasing a3 amount of letters sent out i~ also expensive, ~ Commissioner Jacobs~made reference to page eight and asked if this was the explanation or the as verbiage that would be included in the ordinance. He feels that adjacent' needs tp be defined. He said a6 that he hopes this can be coordinated with developing a citizens guide far dealing nrith the planning 47 process. He suggested that a subcommittee of .the Planning Board might want to initiate this project. as He feels that citizens who hive attended meetings to speak one way or the other should be included on a9 the committee. He volunteered to serve on the committee along with Commissioner Brawn. 5o Commissioner Brown asked about the follow up process after the neighbvrhpad meetings. Craig sl Benedict said that follow up would occur. From the neighborhood meetings a mailing list will be 52 developed and follow up nailices will be sent for each step of the process. S3 3 1 There were no ques#iuons Pram Planning Board members. 2 3 John Link made reference to page 10 and comparing the old with the new procedure and asked 4 about the BOCC work session. Craig Benedict said that each item would be presented at a work 5 session before beginning the process of public input. John Link feels it is a goody idea. However, 6 typically work session agendas are full. He wonders if this is workable. 7 Craig Benedict clarified that the notice of the public hearing,would follow th® item being introduced 8 at a work session. He wanits, in same way, to notify the County Commissioners thhat the process has 9 begun on a specific item of issue. In ~ A motion was made qy Commissioner Jacobs, seconded by Commissioner cordon to refer item I I C-1-a to the Planning Boarp for a recommendation to be retumed to the Board ofi Commissioners nv I2 sooner than June 29, 20001 I3 VOTE: UNANIMOUS I4 15 b. Section 4.2;12 Existing Commercial - V (EC-5) 1s Craig Benedict explained that there were 113 separate existing co~nmercia(uses, known I7 as EC-5. The Planning staff is suggesting that under extreme circumstances, small existing commercial is parcels, less than one acre; would be able to shift from one lot to an adjacent one.. This would be 19 allowed under a list of ten Criteria. The criteria are listed in the agenda. This would allow for the zo continuation of the commercial use in the future. Any change in the operation would have to meet new zt standards. He made reference to the criteria and said that if an EC-5 district is wiped off the map, zz reduced, or becomes non-functional based an some sort of right-of-way t2king that is in excess of what 23 is required by the comprehensive plan, the property owner would net be able to p;wrchase other land. 24 z5 ClUESTIONS FROM COunirr C[~MMICe~nti~QC no n~ s~i~us~~ ~,~„-~........»:..__ z6 Commissioner Gordom made reference to page 12, item "C~ that reads, "F~cisting district shall be z7 eliminated and retumed to fhe zoning of sun'ounding land. If the old district is adjacent to mare than 28 one district, the tract shall kaie retumed to the lower use category." She asked for further explanation. z9 Craig Benedict said that it means that if a portion of the district is made non-functional and they will lose 3o the rights they have of a portion of the land, that porEian of the land would have to revert back to the 3 i use designation of the adjacent property. Craig Benedict said that this language uvould be reworded- 3z Commissioner Gordan asked about item "D" on the same page and asked u~hy expansion would 33 be allowed. Craig Benedicti said that this was in response to a cvncem to encourage the property 34 owners to redo their building and this would provide an incentive far their pot®ntia~i conversion and 35 adherence to the strict regulations. 36 Commissioner Gordan suggested using an additional square footage allowance as an Incentive. 37 She asked if the EC-5 was allowed by right ar by condemnation and how it would jbe decided if the land 3s was condemned whether as not there was an impact on adjacent properties. Craig Benedict said that 39 the process far EC-5 is than if the property owner wants tv change the zoning dist~ct by purchas"rng ao additional property that notification would be given to the neighbors and the County Commissioners 41 would approve through the regular rezoning process. 42 Commissioner Brown asked of the 173 EG5 uses how many were operatlornal and Craig Benedict 43 did not know. He has received complaints on quite a few of these properties. a.4 Karen Barrows said that it feels that something has happened to bring this item forward. Craig 45 Benedict said that the best Wray to address a regulatory change is to address it cor'~prehensively 46 instead of doing it for one or two people who have requested that this be reviewed for changes. He 47 said that he has received requests from same of the owners of EC-5 properties to;~e~cpand or change as their business in same way.: He said that right now there were not enough regulat~ns in the code to 49 direct what the future building should look like. He hopes to have some standardsfor some 50 Consistency. sl Karen Barrows clarified that Craig Benedict has received same inquiries from businesses and also s2 some. complaints from citizens and Graig Benedict verified this. 9 4 i Crauford Goodwin asked about the logic of this change and said that it seems that the concern is z the taking of the right and compensating the property owner in soma way, Craig il3enedict said that the 3 consequence would be that a neighbor would see that a business might move cl©ser or adjacent to a a person's property fine. He;said that the neighbor would receive a notification of any changes made. 5 Commissioner Gordon asked about the question of what to do with abandofied property. Craig 6 Benedict said that the EC-~ standards do not follow the rule that after 180 days, the use would be lost. ~ It is hoped that road improvements would be made in Orange County that may involve a widening of a 8 road of the expansion of aq~ intersection. He foresees this as a problem for some businesses in the 9 future. If a person abandons the business and later wants to reopen, they would!ihave tv meet the new 1o standards and setbacks. 11 Commissioner Gardor asked Craig Benedict to put in writing the impacts thi'it would be 12 considered. 13 Chair Carey asked about a situation which prevents a property from being gontinued in its l4 intended use if it would reveert back to the surrounding land use and Craig Bened~t said that it would 1S revert back to the least intensive use, However, the applicant could ask for a rezianing. 16 Commissioner Brown; clarified that what this would do is keep the small businesses. She feels it is 17 an improvement to offer ark initiative for improving the property, is A motion was made ~y Commissioner Gordon, sewnded by Commissioner IBrown to refer item G 19 1-b to the Planning Board ?liar a recommendation to be returned to the Board of Commissioners no 20 sooner than June 29, 2000 21 VOTE: UNANIMOUS 22 23 C. Orange County foil Erosion and Sedimentation Control Amendments 2a Craig Benedict said that Christy Anspach of the Erosion Control Departrpent is here tonight 25 and has contributed a large amount of work towards these changes. This ordinarnce is not part of the 26 zoning text or subdivision tgxt. It is a freestanding ordinance. These rules are orbs that have been 27 created at the state level amd it is up to the County to put them into the ordinance;. He summarized the z8 changes made to the ordins~nce. The ordinance does not apply to certain land disturbing activities 29 which have to do with agricuulture. There are also exemptions for forest land and mining activities. He 30 said that the erosion contrdl plan had to match other environmental issues that are attached to the site, 31 Some of the notices of violations and penalties have been amended as well, 32 33 QUEST1ON5 FROM CAl IIUTV C!AU~u1CQ1AAl~c@ ~r~ r.~ r......... __ _ __ ____ -v I~IV1~lYVIl~7 34 Commissioner Gordo said that gender neutral language should be used throughout. She asked 35 about page one regarding ibrestlands and the forest practice guidelines that relate to water quality. 36 Craig Benedict said that there were different guidelines for the state because of the preservation of s~ agriculture and forestry, Tlie County's guidelines are mare stringent. 38 Commissioner Gordo~h asked about section 18 and the erosion control plan gnd about the 39 utilization of ditches for the (purpose of d~watering or lowering the water table. Ci;'aig Benedict said that 4o it was a notification provisign so that the Division of Water Quality could know if thps type of land 41 disturbance activity could I wen the water table that might affect the farm operation or wells in the area. az Commissioner Gordo~i made reference to page thn:e and the deadline for viewing a plan. She 43 said that it seems that this I~nguage sounded very similar to the other language ~at was just revised. 44 Craig Benedict said that this refers to staff restrictions for a time frame versus an elected body. 4s Commissioner Gordon asked that the issues about the ditches and the fore~xry be brought to the a6 Commission for the Environment for their information. 47 Commissioner Jacobi suggested that the staff analyze the forest practice guidelines related to a8 water quality and share comments with the boards before they are submitted. a9 Commissioner Jacobe made reference to page 16, item h, "Consideration ofl:applicant's past so pertormance", and made ark editorial change. 51 Crauford Goodwin asl~ed for a definition of plants and animals use far the man. Craig Benedict 52 feels the list is wide open -iany plants and animals useful to humans. 6 7 S 9 10 lI IZ z3 Ia IS I6 17 IS I9 20 22 23 24 25 26 27 zs 29 30 3I 32 33 34 35 36 37 38 39 ~o 41 a2 44 45 46 47 48 49 SO 51 52 53 5 10 Commissioner Brown asked Craig Benedict to be specific about what these amendments would do. Craig Benedict said that most of the changes will benefit the ordinance and Ghat there would be a clearer process for enforceiment of the ordinance. A motion was made qy Commissioner Brown, seconded by Commissioner .ilacobs to refer the ,Orange County Soil Erosion and Sedimentation Control amendments to the Planning staff to receive further input from the public prior to it being retumed to the County Cammissioner+s for consideration of adoption no sooner than June 29; 2D00. VOTE: UNANIMOUS ' d. Consideratiain of the Neuse River Basin Storm Water Control Qr¢linance Craig Benedict presented a summary of the information in the agenda. !He said that this was the start of a process that +Arould continue for the next six months. These are rules that have been developed by the state to 4e enforced by the County. These rules were put forward aver the last four or five years primarily for niitrogen control within the water basin. He said that if the County does rat adopt its own rules, the stage would review all applications for subdivisions within Orange County. The staff is suggesting that there be a storm water program to implement at the local Pavel, reducing the amount of nitrogen that goys into the water basin. The staff is evaluating some storm water management programs with Chapel Hill and Carrboro to talk about how best to manage erosion control and the amount of nitrogen that gets into the water basin. He said that the Counter could hire Triangle J Council of Governments to help in the outreach programs. In August he will bring:: back a datum®nt in ordinance format. At that tine, the Planning Staff will ask far permission to transmit this to the state for review and comment. Commissioner Gordan said that this program was the same one that she heard about at a Triangle J Council of Governments meeting. She asked far an analysis of what affect this program would have on Orange County. She feels that it will have a profound effect on the amount of development. She also asl~ed for a bigger picture of haw the standards are stricter upstream. Craig Benedict Bald that he would put an analysis together on the program's effect an Orange County's development. Commissioner Jacobs said that there was a discussion at Triangle J abort impervious surface storm water runoff per acre and whether or not this might mitigate against infill. There was also a discussion about whether or not there could be an average across the jurisdiction~as opposed to per acre, and having a transfer Hof storm water rights from a rural area to an urban area so that there could be infill and provide the samme impervious surface in the County. Chair Carey clarified tha# this program submission was riot due to the staate until August 19~'. The state will then review it sand return 'rt, The program will be implemented in Orange County by March 1, 2D01. Chair Carey said that the Cape Fear Storm Water Control Ordinance might have a greater effect on Orange County than this one. He feels that this ordinance should be me:nitored very closely. Craig Benedict explained the process that would be followed. The model program will be refined over the next few months. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to transmit the Neuse River Basin Storm Water Control Ordinance to the State NCDENR/Wq: for review and comment prior to being returned to the County Commissioners far consideration of frnal adoption no sooner than June 29, 2000.; VOTE: UNANIMOUS D. ADJOURNMENT With no further items flor the County Commissioners to consider, Chair Careyr adjourned the meeting. The next meeting on tp~e regular meeting calendar wilt be held an Thursday, flay 25 at 7:30 p. m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. M Beverly A. Blythe, Clerk ases Carey, Jr., Char 1~ Draft Stormwater Management Program for Lands within the Neuse River Basin Orange County, North Carolina 12 Table of Contents INTRODUCTION AND PURPOSE ........................................................................................................... 3 PROGRAM COMPONENTS ...................................................................................................................... 4 NEW DEVELOPMENT NITROGEN CONTROL PROGRAM COMPONENTS ....................................................... .. 4 • Provisions for Protecting Riparian Areas in New Developments .................................................. .. 4 • Program for Calculating/Cantrolling TN Export from New Development .................................... .. 4 • Program to Assure Long-Term Maintenance of BMP's ................................................................. .. 4 • Approach for Considering Land- Use Planning/Design Techniques ............................................. .. 4 • Description of Any Proposed Jurisdiction-Wide and Interlocal Approach .................................... .. 4 ILLEGAL DISCHARGES PROGRAM COMPONENTS ..................................................................... :. S • Approach to Collecting Jurisdiction-Wide Information ................................................................. .. 5 • Approach to Mapping and Field Screening in High Priority Areas ............................................... .. S • Program for Ident~ing and Removing Illegal Discharges ........................................................... .. 9 • Program for Preventing Illegal Discharge's and Establishing a Hotline ....................................... 10 • Implementation Schedule for Illegal Discharge Program Components ......................................... 10 • Description of Any Proposed Jurisdiction-Wide and Interlocal Approach .................................... 11 PUBLIC EDUCATION PROGRAM COMPONENTS .......................................................................... 12 • Description of Public Education Program ..................................................................................... 12 RETROFITS PROGRAM COMPONENTS ....................................................•---•-•-••-------•---................... 14 • Approach to Data Collection and Notifecation ............................................................................... 14 • Approach to Complying with Mapping Requirements ...........................................:........................ 14 • Description of Arty Proposed Jurisdiction-Wide and Interlocal Approach .................................... 16 REPORTING REQUIREMENTS ............................................................................................................ 17 • Description of Proposed Report Contents/Format ......................................................................... 17 New Development Review/Approval ............................................................................................................. 17 Illegal Discharges ............................................................................................................................................. 17 Retrofit Locations ........................................................................................................................................... 1 S Public Education ...............:.................................................................................................'............................ 18 Description of Arty Proposed Jurisdiction-Wide and Interlocal Approach ......................................... 18 DRAFT STORMWATER ORDINANCE ................................................................................................ 19 2 13 INTRODUCTION AND PURPOSE The Neuse River Basin Nutrient Sensitive Waters Management Strategy is a set of rules adapted in August, 199$ by the Environmental Management Commission (EMC) with a goal of a 30% reduction in nitrogen output from each of the following sources: Wastewater Treatment, Urban Stormwater, Agriculture, and Nutrient Application. Included within the rule is the protection of Riparian Buffers due to their ability to aid in the removal of nitrogen from groundwater. The excess amounts of nitrogen currently entering into the Neuse River have been the primary cause of the recent fishkills in the coastal areas of the basin. The Model Stormwater Program addresses the requirements of the Neuse River Basin Nutrient Sensitive Waters Management Strategy (also known as the "Neuse Rules") as they apply to stormwater. The stormwater section of these rules applies only to the larger local governments within the basin, and includes Orange County. The main focus of the stormwater requirements is to reduce nitrogen loaded runoff from leaving urban areas and entering the streams and rivers of the basin. 14 PROGRAM COMPONENTS New.Development_Nitrogen Control Program Components • Provisions for Protecting Riparian Areas in New Developments Orange County is requesting a delegated program to implement all applicable provisions of the Riparian Buffer Rule. Flease see accompanying Ordinance. • Program for Calculating/Controlling TN Export from New Development Please see accompanying Ordinance. • Program to Assure Long-Term Maintenance of BMP's Please see accompanying Ordinance, and Appendices. • Approach for Considering Land- Use Planning/Design Techniques Please see accompanying Ordinance. + Description of Any Proposed Jurisdiction-Wide and Interlocal Approach Nat applicable at this time. 4 is ILLEGAL DISCI3ARGES PROGRAM COMPONENTS • Approach to Collecting Jurisdiction-Wide Information Please see accompanying Ordinance. Orange County shall compile a series of maps that show the following information. The maps shall be at a scale no greater than 1:24,000. • Location of sanitary sewers in areas of the major stormwater collection systems and the location of azeas that aze not served by sanitary sewers. • Waters that appear on the USDA -Natural Resources Conservation Service Soil Survey Maps and the U.S. Geological Survey 1:24,000 scale topographic maps. • Land uses. Categories, at a minimum, should include undeveloped, residential, commercial, agriculture, industrial, institutional, publicly owned open space and others. • Currently operating and known closed municipal landfills and other treatment, storage, and disposal facilities, including for hazardous materials. • Major stormwater structural controls. • Known NPDES permitted discharges to the stormwater collection system (this list can be obtained from the Division of Water Quality). Written descriptions should be provided for the map components as follows: • A summary table of municipal waste facilities that includes the names of the facilities, the status (open/closed), the types, and addresses. • A summary table of the NPDES permitted dischargers that includes the name of the permit holder, the address of the facility and permit number. • A summary table of the major structural stormwater control structures that shows the type of structure, area served, party responsible for maintaining, and age of structure. • A summary table of publicly owned open space that identifies size, location, and primary function of each open area. Orange County shall complete this collection of jurisdiction-wide information by the time the second annual report is due (October 2002). • Approach to Mapping and Field Screening in High Priority Areas Beginning in the third year after implementation of the Orange County Stormwater Management Program, Orange County shall identify a high priority area of its jurisdiction for more detailed mapping and field screening. This high priority area shall comprise at least ten percent of the Orange County's jurisdiction within the Neuse River Basin. Each subsequent yeaz, Orange County will select and screen other high priority area that comprise at least ten percent of its jurisdiction. 5 16 Orange County will determine each year's high priority are by assessing those areas with older development. By utilizing the GIS division within the Planning and Inspections Department, overlays of alder development along with high risk water quality areas will be created to help target high priority areas. The first part of the screening process for the selected high priority area is mapping the stormwater system. At a minimum, the map that is produced shall include the following: • Locations of the outfalls of any pipes from non-industrial areas that are greater than or equal to 36 inches. • Locations of the outfalls of any pipes from industrial areas that are greater than or equal to 12 inches.. • Locations of drainage ditches that drain mare than 50 acres ofnon-industrial lands. • Locations of drainage ditches that drain more than 2 acres of industrial land. • An accompanying summary table listing the outfalls that meet the above criteria that includes outfall ID numbers, location, primary. and supplemental classification of receiving water, and use-support of receiving water: The second part of the screening process for the selected high priority area is conducting a dry weather field screening of all outfalls that meet the above criteria to detect illegal discharges. The dry weather field screening shall not be conducted during or within 72 hours following a rain event of O.l inches or greater. In residential areas, it is recommended to conduct the field screening either before 9:00 am or after 5:00 pm, since these are the hours that citizens are most likely to be home and thus any illegal discharges aze more likely to be evident. Figure 3a illustrates a suggested process far conducting field screening sampling activities and following up with any findings of ,dry weather flow. As shown in the figure, if the field screening shows that an outfall is dry, then the outfall should be checked for intermittent flow at a later date. If the field screening shows that an outfall has a dry weather flow, then the local government is required to complete a screening report for the outfall. The information that should be contained in the screening report is outlined in Table 3c. Screening reports shall be kept on file for a minimum of five years. Screening report forms provided in Appendix K of the Madel Plan will be utilized. 6 Table 3c: Field Screening Report Information General Information Sheet Number Outfall ID Number Date Time bate, Time and Quantity of Last Rainfall Event Field Site Description Location Type of Outfall Dominant Watershed Land Use(s) Visual Observations Photograph Deposits/Stains Odor Vegetation Condition Color Structural Condition Clarity Biological Floatables Flow Estimation Sampling Analysis ` Temperature Nitrogen-Nitrate/Nitrite pH Fluoride or Chlorine Nitrogen-Ammonia * Analytical monitoring is required only if an obvious source of the dry weather flow cannot be determined through an investigation of the upstream stormwater collection system. Outfalls with flow will be screened again within 24 hours for the above parameters. The tests for ammonia and nitrate/nitrate that are purchased should be sensitive for 0.1 to 10 mg/L. The cities of Raleigh and Durham can be contacted for guidance on test kit information. 17 7 18 Figure 3a: Field Screening Process Screen outfall in high priority area No Check for signs of intermittent fl flow Flow found ~ Flow found I No flow Inspect and sample flow Investigate source of flow, considering the following: • Jurisdiction-wide information collected • Field investigation of drainage area of outfall Remove illegal discharge Outfall OK '" Checking for intermittent flow includes rechecking outfall at a later date as well as visual observations far evidence of intermittent flow. Note: Analytical monitoring is required only if an obvious source of the dry weather flow cannot be determined through an investigation of the upstream stormwater collection system. 19 The purpose of the field screening is to provide clues as to the source of the illegal discharge. The characterization should be used in conjunction with the jurisdiction-wide information and a field investigation to identify the source of the illegal discharge. The process of identifying and removing illegal discharges is discussed in the next section. ~ Program for Identifying and Removing Illegal Discharges Please see accompanying Ordinance. After the field screening is complete, Orange County will take measures to identify and remove illegal discharges. Identifying illegal discharges may require a combination of office and field work. After the field screening, Orange County staff will consult the jurisdiction-wide information they have compiled (see Section 3-D) to obtain information about the land uses, infrastructure, industries, potential sources and types of pollution that exist in the drainage area of the outfall. After potential sources have been identified in the office, a systematic field investigation should be planned that minimizes the amount of resources required to identify the source. Listed below are several approaches that are recommended by Raleigh and Durham, starting with simple- approaches and moving to more complex ones • Site Investigation • Additional Chemical Analysis (recommend testing for fecal coliform if the ammonia concentration was found to exceed 1.0 mg/L) • Flow Monitoring (recommended to use multiple site visits rather than a depth indicator) • Dye Testing (fluorescent dye is recommended) • Smoke Testing • Television Inspection One tip an identifying illegal discharges is that outfalls that do not have flow during wet weather are likely to originate from floor drains. Documentation of the results of the office and field investigations should be kept on file for flue years with the screening report. After a local government identifies the source of an illegal discharge, it is required to take enforcement action to have the source removed. The legal authority that was established for the illegal discharge program shall provide the means to accomplish this requirement. Enforcement should include requiring the person responsible for the discharge to remove or redirect it to the sanitary sewer. There should also be remedies to deal with cases of non-compliance. Records of all compliance actions shall be kept for five years with the screening report. 9 zo In addition to keeping all screening reports on file, each jurisdiction shall maintain a map that includes the following: • Points of identified illegal discharges. • Watershed boundaries of the outfalls where illegal discharges have been identified. An accompanying table that summarizes the illegal dischazges that have been identified that includes location, a description of pollutant(s) idertified, and removal status. • Program far Preventing Illegal Discharges and Establishing a Hotline Please see accompanying Ordinance. Orange County will conduct a mailing to possible sources of illegal dischazges within in the County's jurisdiction to provide information on the new program. A second contact will be made via a field visit to determine if an illegal dischazge is occurring on a site-by- site basis. Likely recipients of these letters include, but are not limited to, automotive sales, rental, repair and detailing establishments, lawn care companies, cleaners and certain types of contractors. A sample letter to inform owners and operators about the requirements of the illegal discharge program is included in Appendix 5 of the accompanying Ordinance. The experiences of Raleigh and Durham have shown that an illegal discharge hotline is a cost-effective way to identify illegal discharges. Part of the public education program (discussed in Chapter 5) will be to educate citizens about what types of discharges should not go to the stormwater collection system and make them awaze of the hotline. Local governments are responsible for establishing a hotline. The hotline will require them to either designate a new phone number or use an existing service. The hotline should include a recording advising citizens what to do if they call during non-business hours. There. should be another number given in cases where the illegal discharge is perceived to be an emergency. • Implementation Schedule for Illegal Discharge Program Components Shown below is a phased implementation schedule for illegal dischazges (Table 3d). The schedule allows for collecting jurisdiction-wide information during the first year of implementation and then screening the high priority areas during future years. This 10 21 phased schedule is also intended to allow communities to evaluate and make improvements to their programs as they progress through high priority areas: Table 3d: Implementation Schedule and Annual Reporting Requirements Year Implementation Requirements Annual Report Requirements sy February 2001 Establish legal authority to address Submit report identifying illegal discharges established legal authority to meet requirements. By October 2002 • Collect jurisdiction-wide • Report pn completion of information. jurisdiction-wide information Select high priority area for • collection. additional screening. Submit map of high priority areas • Initiate illegal discharge hotline. and reason for selection. • Report on initiation of illegal discharge hotline. Each subsequent Complete mapping and field Submit map of stormwater year after 2002 screening for high priority area. collection system in high priority Select next high priority area. • area upon request by DWQ. • Identify and remove Illegal Document illegal discharges discharges as encountered. found and resulting action. • Continue operating illegal • Report on hotline usage and discharge hotline. actions taken. • Submit map of next high priority area and reason for selection. • Description of Any Proposed Jurisdiction-Wide and Interlocal Approach Not applicable at this time. Provision is included in Ordinance for future approaches. 22 PUBLIC EDUCATION PROGRAM COMPONENTS • Description of Public Education Program Pursuant to the Neuse River Basin Nutrient Management Strategy rules adopted on December 11, 1997 by the North Cazolina Environmental Management Commission, Orange County is required to adopt and implement a local program to control nitrogen runoff from new and existing development. One section of the required local program is a annual Public Education campaign with a Public Education Action Plan to be submitted by October 1 of each year (starting 2001). Triangle J Council of Governments has proposed a coordinated mass media approach with an annual payment by each of the affected governments .After staff review of the requirements, County Planning and Erosion Control staff generated a sample education plan with anticipated costs for one yeaz. We believe that a Public Education campaign that is staff coordinated and locally focused will be more successful and cost-effective. Please see the following proposals from the Planning and Erosion Control staff. 12 v o ~>! E ~ ~ N M ' ~-, ~ a~ II a~ ~ II y ~ ~ ~ ~ ~ :.~ ~ II :~~ o oo ~,~ ~ A» • I~ p O „~ o ~ c ° °o N ~ O 0 ~ O ~ ~ p . ~ ~ C'. Cq Co :~~ s9~~ ~~ 00 ~ ? ~ ~ ~ ~ ~ . ~1 c~i ~ ~ ':+ ~ ~ ~ .r ~ + '~ -~ f. ~ 4~r ... ~ .O Cd '~ 4~-~ '+r ~ say..., 4..i r.., 4~.. ~ ~ b ..+ E" O a ~ ~ ~ U . ~ A ~x a~ u Ca ~ ~ "O ~ ~ ~ ~ ~; ~ ~ ~ ~ ~ ro F" '~ '~ ° ' °: ~ U r u , ~ Vi 3 ~nr . w ~ 3 z a a. C ~ ;., w a, ~ ~ c ~ .y y Q ce a G .~" U ~ i . c a~ ~o oa ~ O ~ ~ - '~ U • '~ . ~ v A, c~ C, .C C ~ ^~ ~ N N U ~, z a~ ~ ~ x ... 3 ~ ~ a a~ au ~ '~ ~ R C. Q v ed w. y N O 0. ~ ~ ri ~~ Q. ~ U ~ O ~ a~ '~ ~ ~ ~ ~ °' "O N .b '~ Q" W O ~ "~O . ~ r, -d o °' 7 3 b ~ a~ ~, an ~ •~ o •° ~ U ~ o ,~ .~ ~ ~ o o ~ o .U ~ U _7 V Q V pA t. ~ ~"" ~ .U ~ b ~ o -a A 3 ~ d .~ U -~ 3 ..c~ '~ ~ ~ ~~ a~ °~' •~ y ~ ~ "G ~ 7'' _~ ~ v .C. ~ ~ ~ U ~ ~ ~ ~~' .~ ~~ ~. ~ ~ ~ U ~L N ~ ~ ~ 3 ~ ~ ~ v .~ ~ ~ ~ ~ ~ ~ '~ ~, ~ ~ ~ ~ ~ E~ '~ ~ Q. y~ ~" d N ~i O. ... 23 24 RETROFITS PROGRAM COMPONENTS • Approach to Data Collection and Notification Each retrofit opportunity that is identified shall be accompanied by information to describe the location of the retrofit, the type of retrofit being proposed, the property owner, as well as basic information about the watershed and the receiving water. Table 4b shows a suggested format for presenting this information for each retrofit opportunity. The tables shall be submitted to the Division of Water Quality on October 30 of each year beginning in the year 2001 as part of the annual report. The Division will take the responsibility for posting these retrofit opportunities on its Web Page and also for notifying, at a minimum, the following organizations of the opportunities for retrofitting within existing developed azeas: :• Clean Water Management Trust Fund :• N.C. State University Cooperative Extension Service .• Triangle J Council of Governments :• Kerr-Taz Council of Governments :• Eastern Carolina Council of Governments :• Environmental programs at N.C. State University, Duke University, University of N.C., East Carolina University and others :• N.C. Sea Grant :• USDA _ Natural Resources Conservation Service :• Upper Neuse Basin Association :• Lower Neuse Basin Association • N.C. Wetlands Restoration Program • Approach to Complying with Mapping Requirements Affected local governments are required to provide maps that show the locations of retrofit opportunities. Mapping may be accomplished by using computers or with existing hard copy maps. The scale of the map should be large enough to adequately identify the following required parameters: • Drainage azea to retrofit opportunity site. 25 • Land uses within the drainage area. • Location of retrofit opportunity. • Property boundaries in the vicinity of the retrofit opportunity. • Significant hydrography (as depicted on U.S.G.S. topographic maps and USDA- NRCS Soil Survey maps). • Roads. • Environmentally sensitive areas (steep slopes, wetlands, riparian buffers, endangered/ threatened species habitat -where available). • Publicly owned parks, recreational areas, and other open lands. 1S 26 Table 4b: Retrofit Opportunity Table Location description, including directions from a major highway Type and description of retrofit opportunity Current property owner Is the property owner willing to cooperate' Land area available for retrofit (sq. ft) Accessibility to retrofit site Drainage area size (acres) Land use in drainage area (percent of each type of land use) Average slope in drainage area (%) Environmentally sensitive areas in drainage area (steep slopes, wetlands, riparian buffers, endangered/.threatened species habitat) Approximate annual nitrogen loading from drainage area (Ibs/acre/year) * Potential nitrogen reduction (Ibs/ac/yr) Estimated cost of retrofit Receiving water DWQ classification of receiving water Use support rating for receiving water Other important information * Suggested methadoloav: Use Figure 2 b from Chanter 2 to compute nitrogen export from the --~a----_ -- --- -.,, - drainage area based on the amount of impervious surface, landscaped area and forested area in the watershed. • Description of Any Proposed Jurisdiction-Wide and Interlocal Approach `There is no proposed jurisdiction-wide and interlocal approach for Orange County at this time. 16 z~ REPORTING RE(~UIREMENTS • Description of Proposed Report Contents/Format New Development Review/Approval Under the model program for new development review/approval, local governments are responsible for submitting the following information as part of the annual reporting requirement: • Acres of new development and impervious surface based on plan approvals. • Acres of new development and impervious surface based on certificates of occupancy. • Summary of BMPs implemented and use of offset fees. • Computed baseline and net change in nitrogen export from new development that year. • Summary of maintenance activities conducted on BMPs. • Summary of any BMP failures and how they were handled. • Summary of results from jurisdictional review of planning issues. Illegal Discharges Table 6a outlines the annual reporting requirements for illegal discharges. Table 6a: Implementation Schedule and Annual Reporting Requirements Year Implementation Requirements Annual Report Requirements By February 2001 Establish legal authority to Submit report identifying address illegal discharges established legal authority to meet requirements. By October 2002 Collect jurisdiction-wide Report on completion of information. jurisdiction-wide information Select high priority area for • collection. additional screening. Submit map of high priority • Initiate illegal discharge hotline. areas and reason for selection. • Report on initiation of illegal discharge hotline. Each subsequent Complete mapping and field Submit map of stormwater year after 2002 screening for high priority area. collection system in high priority Select next high priority area. • area upon request by DWQ. • Identify and remove Illegal Document illegal discharges discharges as encountered. found and resulting action. Continue operating illegal Report on hotline usage and discharge hotline. actions taken. • Submit map of next high priority area and reason for selection. 17 28 Retrofit Locations • Data on each retrofit opportunity (Table 4b or other equivalent format), • Maps of potential retrofit sites as specified in Section 4-D, and • The status of any retrofit efforts that have been undertaken within the jurisdiction. Public Education The Report will summarize the next years Action Plan and evaluate the implementation of the previous years Action Plan (if applicable). The report should include goals, activities completed, realized education program costs, explanation of experienced shortfalls and a plan as to how the locality will address shortfalls. Description of Any Proposed Jurisdiction-Wide and Interlocal Approach There is no proposed jurisdiction-wide and interlocal approach for Orange County at this time. 1R 29 DRAFT STORMWATER ORDINANCE The following Ordinance addresses all of those items requiring Ordinance Provisions by the NCDENR-DWQ Model Stormwater Plan. A copy of the Plan Submittal Checklist has been included as the last page of this document. The Ordinance will be provided under sepazate cover. 19 30 Appendix A. Plan Submittal Checklist PLAN SUBMITTAL CHECKLIST FOR LOCAL GOVERNMENT STORMWATER PROGRAM FOR NITROGEN CONTROL IN THE NEUSE RIVER BASIN Prior to submitting the proposed local stormwater program far nitrogen control to the Environmental Management Commission, the local government should make sure the proposal addresses the Neuse stormwater program requirements listed below. Component Ordinance Monitoring/ Description Provisions Enforcement New Development Nitrogen Control Program Components Provisions for Protecting Riparian Areas in New Developments X X X Program for CalculatingJControlling TN Export from New Development X X X Program for Calculating/Attenuating Flow From New Development X X X Program in Assure Lang-Term Maintenance of BMP's X X X Approach for Considering Land Use Planning/Design Techniques X X - X *Description of Any Proposed Jurisdiction-Wide &Interlocal Approach X Illegal Discharges Program Components Approach to Collecting Jurisdiction-Wide Information X L__.° J U Approach to Mapping and Field Screening in High Priority Areas X Program for Identifying and Removing Illegal Discharges X X X Program for Preventing Illegal Discharges and Establishing a Hotline X X X *Description of Any Proposed Jurisdiction-Wide &Interlocal Approach Retrofit Program Components Approach to Data Collection and Notification X Approach for Complying With Mapping Requirements X *Description of Any Proposed Jurisdiction-Wide &Interlocal Approach Public Education Pro~ra_m Components Description of Public Education Program B *Description of Any Proposed Jurisdiction-Wide &Interlocal Approach Reporting Rents Description of Proposed Report Contents/Format ~ ~ 0 *Description of Any Proposed Jurisdiction-Wide &Interlocal Approach *NOTE: Jurisdiction-Wide and Interlocal Approaches, are not required to be addressed under the Neuse NSW rules. 31 Neuse River Rules Adopted 1997 Procedures for Assignment of Water Quality Standards 1SA NCAC 2S .0200 Non-A ricultural Activi • Subdivisions • Residential and Non- Residential Development Orange County Planning and Inspections All A ricultural Activi as defined in Neuse Rule .0238: "..activities which relate to the production of crops livestock and poultry." Orange Soil and Water