Agenda - 08-30-2011 - 1b - Laserfiche WebLink

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Both sets of rules require lame reductions in the amounts of nitrogen and phosphorus entering -Falls and Jordan Lakes, nutrlent-loading- which modeling shows to be mainly from wastewater treatment plants, agriculture, State- and Federal facilities, and existing and future development activities. Attachment 3 is a summary of the Falls Lake and Jordan Lake Nutrient Management Rules, with discussion of some of the potential implications for Orange County. Attachment 4 is a summary of estimated costs for Orange County and additional affECted parties to comply wi#h Stage 1 of both- Nutrient Management Rules. Given the cost for all parties to comply with these rules, in addition to questions regarding the modeling that was used to justify- the nutrient reduction goals, the -pursuit of additional information geared at modifying Stage II of the Falls Lake Rules, the -state of the economy in North Carolina and elsewhere, and recent shifts in State-level environmental regulations in North Carolina, the long-term outlook for full implementation of these specific sets of rules may be questionable. Nevertheless, the Rules as written have serious implications for the County. fINANCIAL IMPACT: The-impact of the Falls Lake and Jordan Lake Nutrient Management Rules on the urbanized areas of both watersheds could be very significant. -The-projected total cost of implementation of the rules is $1.5 billion for- Falls Lake and $750 million for Jordan Lake. It is expected that mare-urban jurisdictions, with structural stormwater systems and more built environment, and jurisdictions with wastewater treatment plants, may bear the bulk of these costs. Less developed areas, such as the rural portions of Orange County, will be impacted to a lesser degree. Nevertheless, even in rural Orange County, agricultural operations and developers could face significant costs to comply with both sets of rules as discussed in the attachment. County stormwater and Soil and Water Conservation staff are also likely to experience significant increases in work loads as a result of these rules. Environmental Health staff are required by these rules to complete an inventory of septic tanks in the Fails Lake watershed and document their functionality. Modeling completed by DWQ indicated that septic tanks may be a significant source of nutrients to Falls Lake; however, this has been disputed by health professionals at the state and local level. More stringent design and setback regulations in the Orange County septic system rules and the relatively small number of state permitted sand filter systems, which are monitored by the County, could minimize the impact of these systems on surface waters. Nevertheless, larger setbacks, system upgrades, monitoring, and regular maintenance could be required in the future. Homeowners could face additional costs related to home construction as a result of these nutrient management rules, including upgrades to septic systems, and professionally prepared site plans 'and stormwater calculations. RECOMMENDATION(S): The Manager .recommends that the Board consider and discuss the information presented.