Agenda - 03-26-2009 - 4a5 - Laserfiche WebLink

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Jordan Summary AGENDA #4a5 Jordan Nutrient Management Strategy Rules Summary of Rules Adopted by the EMC on May 8, 2008 (Blue text indicates change from April 2007 version) GENERAL: • All local jurisdictions as well as State and Federal property owners, including NCDOT, must comply with Rules. • DWQ is required to work with local governments to develop model stormwater program and accounting tool. DWQ is also required to revisit accounting methods and the loading reductions derived from them at least every 5 years; reevaluate nitrogen source rates like aerial deposition, also review nutrient removal efficiencies of BMPs. • Rules explicitly refer to BMP design requirements, drainage times, and nutrient removal efficiencies as described in DWQ's BMP Manual instead of setting them out in Rules. More easily revised (become more accurate) in BMP Manual than if they were in the Rules. • Jordan Rules extend the requirements of the Watershed Protection District to the Town's entire jurisdiction. NUTRIENT MANAGEMENT: Nutrient (fertilizer) application is now regulated by property type and size rather than the applicator. Reduced size threshold to five acres (from 10 acres) for lands treated by hired applicator. NEW DEVELOPMENT: • Minimum development area to trigger stormwater BMP rules is 1 ac SFR, duplex, recreational, ~/ ac for other development. • New development must have BMPs to treat stormwater down to 2.2 Iblac/yr nitrogen and 0.82 Ib/aclyr phosphorus; re-development may eithertreat down to 2.2 Ib/aclyr nitrogen and 0.82 Iblac/yr phosphorus or use percent load reductions as for existing development. • Public roads/linear utilities constructed by the Town only have to meet the buffer protection rules, not nitrogen exportlreduction requirements; this excludes developer-built roadslutilitiesthst will be dedicated to the Town, which must meet nutrient reductions. • Nitrogen offsets may be bought for new development. The developer must treat down to 4 Ib/ac/yr nitrogen for single family/duplex or down to 8 Iblac/yr nitrogen for other development first. Offset payments or options may be through EEP, local government option, or proposed by developer as approved by DWQ. • The Town must assume ultimate responsibility for operations and maintenance for BMPs for high density development. The Town also must ensure proper operation, maintenance, enforcement, and compliance. EXISTING DEVELOPMENT: Existing development must reduce nitrogen export by 35% and phosphorus export by 5% mass exported is to be calculated using the Tar-Pamlico calculation tool and land use loading rates or similar. Reduction is to be done through installation of new BMPs, retrofitting existing BMPs, or other non-structural nutrient management methods. Development after the baseline period but before rule implementation will be considered existing development. The Town must estimate nutrient loading from development from this period, and present load-reducing practices implemented in this period in order to get Page 1 of 4 httpa/townhall.townofchapelhill.org/agendas/2009/03/26/4/a/4a5 jordan_nutrient_strategy... 3/25/2009