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

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Falls Lake Draft Rules Comments 9 Page 6 and 0.07 Ibs /ac /yr for phosphorus. These potential loading rates equate to what would be considered "background" loading rates for this area (natural loading from undeveloped land). Other developed areas in the subwatershed with substantially higher loading rates will continue to contribute considerably higher loads of nitrogen and phosphorus to Falls Lake than development in Orange County contributes, even after loading has been reduced by 40% and 77 %, as proposed. In the absence of an accounting tool or a financial note for the draft rules, our staff also estimated the cost to reduced nutrient loading from developed lands within Orange County to the essentially "background" concentration levels as explained above. This was done by utilizing the established fee schedule to offset nitrogen loading which is utilized by the North Carolina Ecosystem Enhancement Program (EEP). The in -lieu fee to offset one pound of nitrogen under this program is currently $28.35 per year. Using the estimated loading rate for nitrogen listed above, Orange County would need to offset 0.52 Ibs /ac /yr (from an already very low background loading rate) in order to achieve the proposed 40% reduction. This equates to a reduction of 63,700 pounds of nitrogen at a cost of $1,800.000 annually. Furthermore, this cost only includes the needed nitrogen reduction from stormwater nutrient loading. The ultimate costs could be even higher, depending on the reductions in loading which could also be required from septic systems. Given these projected costs, and the regional scope of this issue, we believe that State funding should be made available to assist with this clean -up effort. Falls Lake nutrient management is a regional problem that cuts across many local governments and some state and federal facilities. In addition, the vast majority of costs associated with the Falls Lake rules could be borne by local governments that will not benefit from the nutrient reductions in Falls Lake. Local governments will also be required to implement, administer and enforce many of the provisions of the draft rules, and the costs of these activities will be significant and problematic for local governments, most of which are already in difficult financial situations at the current time. We certainly acknowledge that this same financial scenario exists for the State. 7. Finally, given the enormous potential ramifications of the proposed Rules, it would seem reasonable to conduct the Public Comment period beyond the summer recess months, as this would provide greater opportunity for our citizens and elected officials to provide input on these important regulations. This is similar to the situation that occurred in 2008 with the Jordan Lake rules. Unfortunately, it is extremely difficult for some citizens and elected officials to devote the time and effort necessary to this effort if the comment period occurs over the summer, when many people are on summer break or vacation or may be traveling and unavailable. Many local elected boards do not meet precisely during the proposed public comment period. A fuller and more robust dialogue