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29 Watershed Protection: North Carolina Environmental Management Commission's Adopted Rules, Proposed Rules and Proposed Classifications Report to the Durham City Council and the Durham Board of County Com umoners Revised August 13, 1991 The purpose of this report is to provide general information about the watershed rules and classifications being considered by the State in implementing House Bill 156. First, background information is provided about the general approach to watershed protection and about statutory deadlines. Then, the adopted rules and proposed classifications are reviewed relative to current local ordinances. Next, the report explores land use and Comprehensive Plan implications of the rules and classifications as well as several alternatives. Finally, the staff makes recommendations about what the City and County should comment to the State at upcoming public hearings about watershed protection. I. Background Information. In June 1989, the North Carolina General Assembly adopted House Bill 156, entitled Water Supply Protection Act. This Act establishes a process for the North Carolina Environmental Management Commission (EMC) to develop and implement minimum land development rules for protection of surface water supplies. Local governments will have to put zoning provisions into place to apply these minimum requirements to land development activities in their jurisdictions. In general, the approach is to prevent pollution of the State's rivers, lakes and reservoirs that are used for water supply by restricting the intensity of development and point Source pollution discharges permitted in their watersheds. This was to be accomplished in three steps: ■ By January 1, 1991, the EMC was to adopt a new system of water supply classifications, with land development and discharge rules for each individual classification. ■ By January 1, 1992, the EMC was to place all surface waters of the State used for water supply into one of the new classifications. ■ By July 1, .1992, local governments were to adopt and submit to the Division of Environmental Management (DEM) local ordinances that implement the State's minimum rules. On July 1, 1991, the North Carolina General Assembly adopted House Bill 873, extending the deadlines for watershed management steps required by House Bill 156. The deadline for the EMC to complete classifying of all existing surface water supplies in the State was extended six months to July 1, 1992. The deadline for all local governments to submit ordinances implementing the new requirements was also extended. Now, municipalities with population of 5,000 or more must submit adopted ordinances no later than July 1, 1993, a one year extension from the previous requirements. Counties must submit adopted ordinances no later than January 1, 1994, offering a full 18 months of relief from the previously established deadline.