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=r~-Forma-I- ~ on ~-{. ~r,.~ <br />ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT <br />Craig N. Benedict, AICP, Director <br />Administration ®`9lae ~ ~`°'~A <br />(919) 245-2575 17 ~ _ ~ ,z 131 W. Margaret Ln. <br />(919) 644-3002 (FAX) ~ P. O. Box 8181 <br />x Hillsborough, NC 27278 <br />www.co.orange.nc.us ~;,,b ~,to„~ <br />µ~ <br />MEMORANDUM <br />TO: Orange County Board of County Commissioners <br />Frank W. Clifton, County Manager <br />FROM: Kevin Lindley, PE, Staff Engineer <br />CC: Craig N. Benedict, Planning and Inspection Director <br />DATE: October 26, 2011 <br />SUBJECT: Process for instigating a review of the Eno River Voluntary Capacity Use <br />Agreement <br />Back rg ound <br />In 1988, Orange County became party to the Eno River Voluntary Capacity Use Agreement <br />(Agreement). This agreement was intended to preserve a minimum flow in the Eno River, even <br />during times of drought, by restricting the amount of water that three major users could withdraw <br />from the Eno River. The three water users who were part of the agreement were the Town of <br />Hillsborough (Town), Orange-Alamance Water System (OAWS) and Piedmont Minerals. Orange <br />County is party to the agreement because at the time, Lake Orange was the only water supply <br />reservoir on the Eno in Orange County and the agreement sets forth a release schedule from the Lake <br />to supply these three water users with sufficient water based on their allocation and also provide in- <br />stream flow in the Eno River during all but the worst drought periods. An electronic copy of the <br />actual operating rules of the Agreement can be found on the Internet at: <br />http•//www ncwater orglPermits and Registration/Capacity Use/Eno River Mana~ement/docs/wat <br />er mana eg ment~lan.pdf <br />This memorandum is in response to Commissioner Jacobs petition to the Chair requesting-that staff <br />provide a summary of the process to initiate a State review of the Agreement and any pertinent <br />issues that may be involved with that process. <br />Agreement Review Process <br />The specific steps to initiate a review are fairly straightforward. The Agreement is ultimately under <br />the jurisdiction of the NC Environmental Management Commission (EMC), so they would be the <br />body who ultimately decides whether a review of the Agreement is in order. The steps to request a <br />review are as follows: <br />