Agenda - 08-26-1991 - Laserfiche WebLink

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M . D. Definition of Existing Development In addition to proposing surface water classifications, the EMC in May 1991 proposed several modifications to the rules adopted five months earlier. One of these changes affects the definition of existing development. For the purposes of implementing water supply classifications and rules, existing development would include.... ....projects already completed or in progress as demonstrated by significant resources having been expended on building the project, or projects with a recorded plat or areas zoned as of the closing date of the public hearings for .the January 1, 1992 reclassification. (Emphasis added.) Existing development would be required to comply with the new rules "to the maximum extent practicable", although the rules offer no guidance as to how this would be applied. Recently, the General Assembly established a process for vesting rights to develop under existing zoning without the threat of the zoning being changed to prohibit the envisioned use and intensity (Senate Bill 766, Vested Rights). The EMC should be encouraged to adopt a definition of "exiting development" for the purposes of these rules that recognizes this vested rights process. The proposed definition is unclear as to how it could be interpreted and seems to exempt much development without understanding its impact on water quality. VII. Summary of Recommended Comments to the EMC. The Staff recommends that the City Council and Board of County Commissioners express to the adopted rules, proposed rules and the proposed water EMC the following concerns about the State's supply watershed classifications: A. The City Council and the Board of County. Commissioners support-the classification of WS -II for Lake Michie and Little River Reservoirs. Durham applauds Elie FMC's proposal to protect these two very high quality watersheds with the WS II classification. The adopted rules for WSII are generally consistent with current local ordinances. B. The City Council and the Board of County Commissioners oppose the classification of the entire-, Falls and Jordan Reservoirs-to a WS classification and support the multiple classification of WS- IV and non -WS for these Reservoirs (reflecting their current multiple classification). These surface waters drain extensive areas of intense urban development and, therefore, qualify under the requirement for WS -IV as "moderately to highly developed watersheds ". However, the water quality in the upper reaches of these Reservoirs clearly not appropriate for water supply purposes. In addition, given the lack of technical information to justify a large Protected Area, the EMC should reconsider this portion of the rule and use definitions of Critical and Protected Area that are similar to those presently used in Durham County's water supply watershed protection regulations. C. Water quality objectives for each reservoir classified are critical to determine the relative effectiveness and costs associated with various watershed management strategies. The EMC should establish water quality objectives for the State's water supply sources. 16