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

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2 The entire Falls Lake watershed was previously designated by DWQ as a Nutrient Sensitive Water as a result of elevated chlorophyll -a (a species of algae that is an indicator of excessive nutrient levels) and turbidity levels in the Lake. The draft rules are intended to address these nutrient levels and achieve water quality standards in Falls Lake by reducing the nitrogen and phosphorus loading reaching the Lake. A staged approach to nutrient reduction is included in the draft rules with the intent of reaching water quality targets in the watershed by 2036, such that the Lake will achieve water quality standards by 2041 at the latest. To address nutrient management in the upper portion of the watershed, which includes Orange County, DWQ proposes to implement rules designed to yield reductions in nitrogen loading by 40% and phosphorus loading by 77 %. The measures needed to accomplish these reductions will be significant in terms of cost and other resources for many jurisdictions, especially those areas that are more densely developed. In Orange County's case, the ramifications are different but no less significant. From and since the mid- 1970's, when Orange County became the first County in the state to adopt an erosion control ordinance and the Board of Health adopted more stringent rules governing septic systems, to 1981, when Orange became the first local government to implement watershed protection zoning, and through the present -day, the County has instituted progressive non- structural measures to address stormwater runoff and watershed protection via land use controls. These controls include significant and protective stream buffer requirements, on -site infiltration of runoff, increased lot sizes, stringent impervious surface limitations and floodplain protection. In addition, in 2001, the County's Lands Legacy Program began acquiring critical natural and cultural resource lands that include watershed riparian buffers and farmland within water supply watersheds. However, many of these progressive measures that have already served to lower nutrient loading from the County's jurisdiction are essentially unrecognized by the proposed rules, which would treat all activity prior to the 2006 "baseline year" as "existing development" and still require a 40% reduction in nitrogen and 77% for phosphorus from the baseline loading which originated in the County in 2006. Furthermore, the remaining agricultural operations in the affected area of the County have already reduced nutrient loads as a result of the Neuse Basin Rules which became permanent in 2000, making it difficult at this time to effect further reductions from already lowered current agricultural loading rates. The County's Agricultural Preservation Board has prepared comments, which are included in an attachment, specifically addressing the agriculture section of the draft Falls Lake Rules. In the County's case, it may be difficult to implement a percentage -based nutrient reduction when baseline loading levels are already projected to be very low — in large part due to County - implemented programs of the last 30 years. Staff estimates that the nutrient reductions which may be eventually required may be close to background levels. Accurate determination of the County's current and baseline nutrient loads are not possible at this time as DWQ has not released the accounting tool which will be used to determine the nutrient loads from different land cover types. Since the public hearing period may close before the Board returns from summer break, the attached draft letter to the EMC is written for potential submittal to the EMC. The letter is based on the approach taken by the County (under very similar circumstances and timing) for the Jordan Lake Watershed rules in 2007, and discusses these issues and also provides