Agenda - 08-26-1991 - Laserfiche WebLink

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W land development. Yet, a substantial low density buffer would still be provided around the edges of Falls and Jordan Reservoirs to minimize potential pollution. C. Alternate Scenario C: WS -iV Protected Area Measured from Intake. The definition of a Protected Area related to a run -of - -river water intake uses a 10 mile criteria. By proposing this rule, the State has indicated that this distance is sufficient protection for in- stream water intakes. Durham could reasonably argue that 10 miles is, therefore, a sufficient protection measure for reservoir water supplies. This alternative would propose that the State maintain its one mile Critical Area definition but to define a Protected Area as 10 miles from existing or proposed water intake structures. With this alternate definition of a Protected Area, the amount of land restricted in Durham County would be much less. For both Reservoirs, no Critical Area would exist since the intake structures are far from the County line. For the Jordan Reservoir, no Protected Area would exist for the same reasons. For the Falls Reservoir, a 10 mile Protected Area would cover only about 12 square miles on the far eastern edge of Durham County. Only a small portion of this Protected Area would be inside the Urban Growth Area, between NC 98 and US 7Q on the southeast edge of Durham County. The County General Development Plan 2005 indicates the area appropriate for open space and rural density residential development. The proposed density restrictions in the State's rules are compatible with the land use patterns envisioned in the County Plan. VI. Other issues. A. De&n Specific Water Quality Objectives. For Lake Michie and the Little River Reservoirs, Durham conducted a scientific study upon which to base land use regulations. The study identified a water quality, objective and the intensity of development that could be permitted while achieving that objective.. The County then designed and implemented zoning regulations that would permit this level of development and no more. This approach establishes a clear and rational nexus between the public objective being served and the specific regulation -of private property. The State's adopted watershed rules and the proposed classifications do not use this approach. No water quality objective for the Falls and Jordan Reservoirs have been established. Likewise, no systematic study of the reservoirs has been or is intended to be conducted to provide a base of information upon which to judge the relative effectiveness and cost of protection measures. Therefore, it is difficult to judge what degree of land use restrictions are appropriate for what level of water quality protection. Is what has been proposed sufficient? Or too much? Other than "more regulation means more water quality protection," Durham and other jurisdictions have no guide about how extensive the regulated areas should be and how strict the land use restriction should be. The Staff recommends that the City Council and the Board of County Commissioners should formally comment to the EMC that water quality objectives for each reservoir are needed. In addition, a systematic study of each reservoir needs to be conducted to be able to judge the 14