Agenda - 06-01-2010 - 7a - Laserfiche WebLink

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A -1 Falls Lake Nutrient Management Strategy Development Process January 2010 EMC The Environmental Management Commission faces a tremendous challenge in the months ahead in developing nutrient rules to protect and restore Falls Lake. Nutrient management rules will be drafted by March 2010 with the goal of achieving unprecedented nutrient reductions in the watershed. This document provides background information, rule concepts currently being reviewed by stakeholders, a rulemaking timeline, and an outline of the strategy report that staff will provide the Commission in March. In 2005 the NC General Assembly passed SL 2005 -190 (5981), which includes a requirement for the Commission to adopt a nutrient strategy for Falls Lake. The 2009 regular session produced Senate Bill 1020, a bill devoted to water quality improvements in Falls Lake. This bill revises the EMC adoption deadline to January 15, 2011 and adds certain requirements aimed at water quality improvement in the watershed. The bill was ratified and signed into law on August 26, 2009. A stakeholder meeting process begun in late 2008 is now providing input on draft rule language and will meet to review revised draft rules on January 21, 2010. Staff plans to request EMC approval to take rules to public comment in March 2010. Lake Background: Following questions in 2004 over the condition of Falls Lake, DWQ began more intensive sampling for use support assessment. A Falls Lake Technical Advisory Committee (TAC) was formed in July 2005 to assist DWQ with the review and modification of the monitoring strategy and developing levels of confidence for decision making associated with the monitoring and lake modeling activities. The field study was completed in fall 2007. Based on water quality data collected between 2002 and 2006, Falls Lake was listed as impaired for chlorophyll a on the draft NC 2008 303(d) list. The portion of the lake above I -85 was also listed as impaired for turbidity. Stakeholder Process: A watershed and lake model were completed by DWQ staff in November 2008 and February 2009 respectively and presented to the TAC for their review. A stakeholder process conducted through a joint effort between the Triangle J Council of Governments (TJCOG) and DWQ began meeting in August 2008 to provide stakeholders an opportunity for input on development of a nutrient strategy for the lake. The stakeholder group has convened eight times over the past year. The group has gained an understanding of lake issues, modeling basics and results, and has begun to grapple with strategy design issues and options. Presentations and meeting summaries are posted to a Falls Lake stakeholder website hosted by TJCOG. An online discussion forum, known as a "wiki ", was also created to provide stakeholders an open forum to raise questions and exchange information between meetings. Stakeholder Subcommittee Meetings: The stakeholder group broke into four smaller subcommittees that held a total of twelve meetings between September 17th and December 7th , 2009 to work on detailed nutrient reduction rule ideas by source type and provide input on the fiscal impacts of the strategy between. In late November and early December draft rules addressing new development stormwater, existing development, agriculture, and point sources were provided to stakeholders for their review and review with comment. DWQ plans to reconvene the full stakeholder group on January 21 st to review revised drafts of the rules before 12