Agenda - 08-26-1991 - Laserfiche WebLink

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C. Reaction to the Proposed Rules. 35 On May 6, 1990, the City Council adopted a resolution strongly urging the EMC to reconsider its final rules; to give opportunity for the affected public to become aware of those rules as proposed; and to receive public comment on those rules prior to their implementation. As a result of these concerns by the City and others, the EMC decided to delay the effective date of the rules adopted in December, 1990 until after receiving public comment on the proposed reclassification of all exiting surface waters used for water supply purposes. Attachment 2 is information provided by the DEM to summarize the proposed rules and classifications and answers some commonly asked questions. D. Public Comment on Rules and Classifications. The EMC has set eight public hearings around the State in August to receive public comments on the rules adopted in December, the proposed reclassification and another set of recently proposed amendments. The hearing closest to Durham will be in Raleigh on August 15, 1991 at 7:00 pm. (See Attachment 3 for a list of other public hearing places and dates.) Written comments will be accepted before, during and within 30 days after completion of the hearing procedures. The last day for acceptance of written comments will be September 30, 1991. After the public hearings, the EMC can adopt rules and /or classifications that are more or less stringent than those proposed if the EMC determines that the provisions adopted are a logical outgrowth of the proposed criteria and information received during the hearing process. For this reason, it is important that the City and County comment on areas where there is a concern that the rules and /or classifications remain the same or become more stringent, as well as those areas that should be more flexible, Modifications to the final rules and /or classifications could potentially affect persons who are not currently affected under the what is proposed. Therefore, it is very important that all interested and potentially affected persons make their opinions known to the EMC hearing officer concerning all provisions of the proposed rules and classifications. . III. Implications of the Proposed Rules and Classifications. Presented with this report is a large display map (not incorporated here due to production difficulties and its size) with overlays showing the implications of the proposed regulations and several alternate scenarios. These are intended to graphically depict the land area in Durham County that would be defined as Critical Area and Protected Area under the adopted rules and proposed classifications. A.. Present City and County Watershed Protection. The City and County of Durham both have been regulating land for watershed protection since the mid- 1980's. Although they generally approach watershed protection in the same way, some of the specific elements of the City and County requirements are different. The City's regulations define an inner ring Critical Area and an outer ring Limited Industrial Area (LIA). At present, the City has jurisdiction over a small sliver of land that would meet its requirements for Critical Area. The City does, however, have two areas of LIA. According to the ordinance, LIA is applied to the area within 1/2 mile from the public property acquired 7