Agenda - 05-24-2007-1 - Laserfiche WebLink

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2 The implications of the nitrogen and phosphorus reductions throughout the watershed will be felt in both urban and rural areas. New stormwater management provisions will change the way future developments are permitted, and how existing developments are addressed after the fact. In the more-urban jurisdictions that have relied on best management practices (BMP's) such as retention and detention ponds, the rules will require feasibility studies followed by programs to ameliorate the nutrient loading to the proposed limits that may include significant new structural controls. Some estimates of the cost needed to comply with these measures by the local governments involved have approached or exceeded $600 million. While the bulk of the cost of addressing new and existing development stormwater runoff will be felt in urban areas, there are ramifications for rural areas. Orange County has historically, since its groundbreaking efforts in watershed protection in the early 1980's, pursued a course of non- structural watershed protection -preferring to infiltrate the first inch of runoff on site of new development - to construction of permanent structural retention ponds. However, in the proposed rules, all activity prior to 2001 is treated as "existing development." Under this reading, the County would be required to conduct the feasibility study on reducing nutrient loading -and then within three years implement a program to reduce nitrogen by 35% and phosphorus by 5% -even though it has historically worked to keep these loading rates low. Agricultural activity will also be affected, especially if proposed oversight committees determine that new BMP's are required to effect the needed nutrient reduction. These rules address the nutrient loading from "non-point" sources, such as stormwater. There are also provisions within the rules that will substantially affect wastewater providers, such as OWASA, with "point-source" loading issues. In recent months, the State and Triangle J Council of Governments (TJCOG) have hosted meetings to review and discuss the proposed rules. A summary of the proposed rules prepared by Sydney Miller (TJCOG Water Resources Program Manager), is attached, along with a powerpoint presentation on the topic and a memo regarding local government issues. During these stakeholder meetings, significant concerns have been raised by both wastewater utilities and local governments about the proposed rules. Two of the primary concerns have been 1) the potential costs associated to address nutrient reduction, and 2) questions about whether the implementation measures will in fact achieve the expected reductions. Mr. Miller will be present to present this report. At this point in time, it appears that the new Jordan Lake rules will be released for public comment in mid-June. The public hearing process will last 60 days, perhaps concluding by mid- August. Three public hearings in July are currently envisioned by NCDWQ. If the County wishes to comment on the proposed rules and nutrient management strategy, it may need to consider these comments prior to the Board's summer break. FINANCIAL IMPACT: There is no financial impact associated with receipt of the report or provision of comments. However, the implementation of the proposed rules may have financial implications for the County in terms of stormwater management, nutrient reduction, and changes to development standards, as well as other as yet unidentified components. A feasibility study would be required by each jurisdiction to assess the degree of changes needed. RECOMMENDATION(S): The Manager recommends that the Board receive the presentation from TJCOG and County staff, and discuss whether it wishes to submit formal comments over the summer. If comments are desired, staff will draft a letter based on the Board's discussion and place it on the June 26t" agenda.