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

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Falls Lake Draft Rules Comments 5 Page 2 within the Falls Lake watershed, exceeds the state designated critical area almost six -fold. Elected officials in Orange County have consistently supported the fundamental idea that concentrating on limiting nutrient loading at the source is greatly preferred over relying on structural stormwater controls to remove nutrients after they have been generated. These measures are indicative of the level of commitment given to protecting water quality in Orange County. Given this proactive history of working to protect watersheds in the county, Orange County believes it has a somewhat - unique perspective on the proposed Falls Lake Nutrient Management Strategy (Falls Lake Rules). The County believes that there are several areas of concern with the draft Falls Lake Rules which are important for the Commission to consider, including the following: 1. The "one size fits all" approach of the draft regulations. 2. Uncertainties regarding parameters utilized in the development of the watershed model. 3. Concerns about further nutrient reductions being required from agricultural lands - which have already reduced nutrient runoff by implementing the buffers required as a result of the Neuse Rules (which became permanent in 2000). 4. Uncertainty as to whether the nutrient reductions required by these Rules will actually achieve what appears to be necessary, and uncertainty as to the length of time it will take the lake to respond to reductions in nutrient loading. 5. Calls by some for an opportunity to include a "re- examination" of the modeling done by DWQ indicate that uncertainty and doubt concerning the original modeling effort seems to exist. 6. The uncertainty surrounding what reductions will be required and the likely tremendous cost to be borne by local governments. 7. The timeframe of the public comment period may inadvertently serve to suppress public and local government comment. The following paragraphs provide further details about each of these areas of concern. 1. While the legislation governing the creation of these rules calls for a set of rules that are "fair, reasonable and proportionate," it does not seem certain that these characteristics can be used to describe a "one size fits all" set of rules which is intended to be applied to densely developed urban areas as well as rural areas which have been covered by regulations protecting water quality for many years. It appears certain that the nutrient loads emanating from urban areas are much greater than the load originating in rural areas, as evidenced by the preponderance of "impaired" streams in the more urban areas of the Falls Lake watershed versus the lack of such water bodies in the more rural areas of the watershed, such as in Orange County.