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

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Jordan Summary any "credit". • Town must do a technical analysis to serve as the basis forthe existing development load reduction program - to include assessment of feasibility of achieving goals, consider magnitude of reduction need relative to area, potential for using different BMPs, costs and efficiencies - "as practicable." • Load reduction plan must aim for reaching half of load reduction goal in 10 years of rule date; alternate compliance timeframe may be proposed if it demonstrates need. After 10 years Town may submit revised load reduction program. • Town may monitorstream flows and runoffto find high loading areas, and may target treatment there to get proportionally greater load reduction credit. Must have DWQ approval for monitoring design and estimation of load reduction. Doing so allows Town to delay submission of load reduction program to DWQ by one year, delay adoption and implementation of approved program also by one year, if monitoring proposal is submitted to DWQ within 6 months of rule date. • Town must submit stormwater program plans for new development and existing development for approval, includes annual reports from Town, IDDE, public education, MS4 mapping, can be linked with NPDES permit. Schedules for submitting different nutrient management plan components have changed. RIPARIAN BUFFERS: • Local programs and buffer rules may be more stringent than is required by the Jordan Rules. • All perennial and intermittent streams get a 50-foot minimum buffer, no exemptions for land use type (e.g. SFR} or date of platting (i.e. grandfathering). • Riparian Zone 1 (first 30 feet) -completely undisturbed vegetation • Riparian Zone 2 (next 20 feet} -can be disturbed but must be regraded and revegetated, diffuse flow to buffer maintained. • Concentrated flow from outside the buffer must be dispersed prior to its entry into the buffer. Periodic corrective action to restore diffuse flow must be taken, structures/measures to be designed to prevent erosion. No new stormwater conveyances (including roof drains) are allowed in the buffers, with certain exceptions. • Mitigation required for many kinds of buffer impacts, thorough procedures for mitigation and fee-in-lieu (through EEP) • Existing and ongoing uses in buffer are allowed, but only in the CURRENT FOOTPRINT. • Buffer rules apply to existing uses when use changes or change in footprint, not dependent on or necessarily related to formal development or issuance of ZCP. Change in ownership is not considered a change in use. • Rules have table of uses for buffers similar to the Town's but more strict, has categories of "Exempt" (permissible without authorization with restrictions on activity), "Allowable" (may proceed where there are no practicable alternatives, requires authorization), and "Allowable with Mitigation" (may proceed where there are no practicable alternatives, requires authorization and a mitigation strategy). • Rule has clear procedures for determination of "no practical alternatives" (which Town currently lacks for buffer impacts). Follow-up to Jordan Rule Concerns and Questions: • Aerial deposition of nitrogen was addressed to some degree in the Hearing Officer's Report and Staff Replies to Comments. Recently enacted state and federal air quality regulations are expected to reduce nitrogen deposition rates over the next 30 years. It is not clear how those potential results will be reflected in the Jordan Lake model. The Hearing Officers' Report states that the Jordan Lake strategy implicitly accounts for Page 2 of 4 httpa/townhall.townofchapelhill.org/agendas/2009/03/26/4/a/4a5 jordan_nutrient_strategy... 3/25/2009