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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: March 17, 2009 <br />Action Agenda <br />Item No. -] - Q <br />SUBJECT: Potential Discussion Points for Jordan Lake Nutrient Management Rules <br />Pncitinn Statement <br />DEPARTMENT: ERCD PUBLIC HEARING: (YIN) No <br />ATTACHMENT(S): <br />1. June 28, 2007 County Letter to EMC INFORMATION CONTACT: <br />and OWASA/Town Comments -July <br />2007 David Stancil, 245-2590 <br />2. Haw River Assembly Letter and Draft Thomas W. Davis, 960-3878 <br />Resolution <br />3. NCACC Position Statement and <br />Proposed Legislation Introduced to <br />Date <br />4. Chatham County Position Letter <br />5. Draft Legislative Issues Work Group <br />Position/Statement <br />6. 1/27/09 BOCC Meeting Jordan Lake <br />Rules Powerpoint Handout <br />PURPOSE: To consider possible discussion points for a position statement and/or resolution <br />regarding the B. Everett Jordan Reservoir (Jordan Lake) Nutrient Management Rules, in <br />response to a draft resolution submitted by the Haw River Assembly, a position statement from <br />the NC Association of County Commissioners (NCACC), and potential legislation introduced in <br />this session of the NC General Assembly. <br />BACKGROUND: The Jordan Lake nutrient management rules were approved by the N. C. <br />Environmental Management Commission (EMC) in late 2008 and are currently awaiting action <br />by the N.C. General Assembly. In brief, the Upper New Hope Arm or sub-watershed of the lake <br />(which includes the Rural Buffer, Chapel Hill, Carrboro, southern Durham and northeast <br />Chatham) will be required to implement a 35% reduction in nitrogen loading and a 5% reduction <br />in phosphorus loading, while the Haw River Arm, which includes the Mebane area, the <br />southwestern portion of Orange County (and areas upstream to Greensboro) must reduce <br />nitrogen loading by 8% and phosphorus by 5%. The rules are proposed to be implemented over <br />a 10-year period. The basis for the rules is the federal Clean Water Act and the long-anticipated <br />deterioration of Jordan Lake water due to nutrients. <br />In June 2007, the County conveyed comments to the EMC supportive of watershed protection <br />but raising several issues, questions and concerns. OWASA, Chapel Hill and Carrboro also <br />submitted public hearing comments at that time. These July 2007 public hearing comments are <br />provided as Attachment 1 to this item. One of the key issues raised by Orange County and by <br />