Agenda - 03-16-2010 - 7a - Laserfiche WebLink

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effluent, including from the Town of Hillsborough's plant, are anticipated as a result of these nutrient management rules. The Division of Water Quality (DWQ) has proposed staged implementation for the Falls Lake rules. Stage I of the rules is intended to reduce nutrient loads in the reservoir such that state water quality standards are achieved in the lower portion of Falls Lake (east of NC 50 in Durham County) within 10 years of rules implementation. Stage II of the rules is intended to further reduce nutrient loads in the upper watershed within an additional 20 years so that progress towards achieving state water quality standards throughout the remainder of the lake is made. The attached Consensus Principles concerning the draft Falls Lake Nutrient Management Rules were discussed and adopted at the February 9, 2010 Triangle Mayors and Chairs meeting. Consensus Principles 9 and 10 call fora "re-examination" of the nutrient management strategy prior to the initiation of Stage II of the staged implementation discussed above, including additional water quality monitoring and possibly more modeling of Falls Lake by the EMC, via a Scientific Advisory Board as a result of limitations in the existing database. This re-examination could include an analysis of the lake's water quality, consideration of the cost of implementing the draft rules, the feasibility of meeting the nutrient reductions called for in the draft rules, the feasibility of eventually meeting state water quality standards in the lake, and a consideration of the existing uses of Falls Lake. Revisions to the draft rules have been made by DWQ in the last several days to address some of the issues raised. Staff is preparing an updated memo on the implications of the proposed rule for the County, in preparation for the public comment/public hearing period anticipated to occur in the late-spring or summer of 2010. In addition, the Orange County Board of Health and the Commission for the Environment are expected to review the latest draft of the proposed nutrient management rules, as well as the Consensus Principles, and provide comments of their own. Attachment 2 summarizes some of the projected implications for Orange County which are anticipated if the current draft nutrient management rules are adopted. FINANCIAL IMPACT: There are no financial impacts at the current time. However, approval of the Falls Lake Nutrient Management Strategy by the General Assembly is likely to ultimately have a significant financial impact on the County. The water quality monitoring and modeling steps, if implemented, as well as other steps associated with the proposed re-examination of the draft rules, would be paid for by the local governments in the Falls Lake watershed, including Orange County, as described in the Consensus Principles. The actual cost of implementing the proposed rules has not been calculated and would be addressed by the proposed Scientific Advisory Board. This would be completed during the re-examination proposed to occur approximately eight years after the implementation of the draft rules. RECOMMENDATION(S): The Manager recommends that the Board consider and then adopt the attached "Consensus Principles to Guide Falls Lake Nutrient Management Strategy". Prior to the public hearings on the draft rules, staff will prepare a memorandum and potential draft comments on the Nutrient Management Rules for the Board's consideration.