Agenda - 10-14-2014 - 2 - Laserfiche WebLink

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0 • Streambank erosion, possibly a significant source of phosphorus in the watershed, was not considered as a possible source by DWQ. • Internal lake processes, such as sediment re- suspension, were also not accounted for by DWQ. BMP Credit Review and Nutrient Trapping Analysis CardnoEntrix is also currently working on a nutrient reduction BMP credit literature review and the analysis of nutrient trapping that occurs within the larger impoundments in the watershed. While the nutrient trapping analysis will be important for the remodeling of the watershed, the BMP credit determination project will be beneficial to entities, including UNRBA member governments, which must use BMPs to meet required nutrient reduction goals. DWR approval of additional BMP credits is expected to take nearly a year per each additional BMP as a result of the stringent credit determination process currently proposed by DWR. With several measures in need of credit determination, the process of developing a thorough BMP "tool kit" for regulated entities to employ may take a decade or more. Schedule A tentative schedule for upcoming UNRBA projects is included as Attachment E. As can be seen from this schedule, the UNRBA anticipates conducting the studies discussed earlier in this document through 2020. Stage II of the Falls Rules is defined as the period extending from 2021 to 2036, with the overall goal of meeting nutrient related water quality standards throughout Falls Lake by 2041. Upcoming Opportunity for Comments about the Rules The Regulatory Reform Act of 2013 (HB74) mandated that all rules expire within ten years of their effective dates, unless readopted. This rulemaking process allows for comments and revisions on the full range of regulated activities, including the Falls Lake Rules (15A NCAC 02B .0275 through .0282 and amended .0235 and .0315). The Rules Review Commission (RRC) is scheduled to begin the review of subchapter 2B rules in October 2014. The review process for all rules must be finished by June 2019. There is a three -step review process (Attachment F). The initial step is the agency's determination report and public comment period. In the determination the agency identifies each rule as "unnecessary and no public comment ", "necessary and with substantive public interest ", or "necessary and without substantive public comment ". DWR has identified the Falls Lake Rules as "necessary and with substantive public interest ". The second step in the review process is for the RRC to review the agency reports and the final step is the issuance of the RRC's final determination report. DWR anticipates re- adoption of all rules under review to begin in 2015. FINANCIAL IMPACT: There is no financial impact to the County at this time. Given the numerous studies planned for the re- examination of Stage II and the timeframe established by the Falls Lake Rules, it is expected that UNRBA dues will remain elevated for several years. RECOMMENDATION(S): The Manager recommends that the Board receive the update on the recent activities of the Upper Neuse River Basin Association ( UNRBA) and provide comments and questions as necessary.