Orange County NC Website
60 <br />chosen to use these structures or decides to allow high density <br />development must assume the ultimate responsibility for these <br />structures to assure that they are properly operated and <br />maintained. There are several ways that this can be <br />accomplished, including forming stormwater utilities, charging <br />impact fees, requiring bonds, etc. It is acceptable to have a <br />business or homeowners association take the initial <br />responsibility for the operation and maintenance of the <br />structure. However, it is the responsibility of the local <br />government to ensure such an entity would adequately perform <br />the necessary requirements. If not, the local government will <br />assume all responsibility and its accrued expenses. <br />if local governments choose to use regional stormwater <br />control structures, they should be aware that such structures <br />may require additional environmental review and authorization <br />(401 or 404 permits) by the U.S. Army Corps of Engineers. In <br />addition, local governments should examine the likelihood of <br />water quality degradation that might occur to the water supply <br />waters upstream of the regional structure. on -site alternatives <br />or small regional facilities should be given preference ever <br />large systems. <br />• What is meant by "protected area" as referred to in the rules for <br />WS -IV water supplies? <br />In a number of cases the WS -IV classification will be applied <br />to segments of a whole river basin that are used for water <br />supply purposes. The statute (G.S. 143- 214.5) states that <br />water supply watersheds shall be required to comply with the <br />minimum statewide management requirements for water supply. <br />protection. It was felt that it would be unrealistic to <br />require all of the local governments (municipalities, counties, <br />etc.);that have land use authority within a large river <br />basin to adopt and enforce water supply protection ordinances <br />when the drainage area may encompass several thousand square <br />miles. DEM staff had initially proposed to address these water <br />supplies on a case-- by--case basis to determine how much of the <br />entire drainage area would be required to install ordinances. <br />Staff intended to include a substantial portion of these <br />river basins in the protected areas. During the August 1990 <br />public hearing process it became clear that choosing a fixed <br />size for all WS -IV protected areas for these very large <br />drainage systems would be more equitable. While this size <br />should be considered to be the minimum protected area needed, <br />it is approximately the same size as the WS -II and WS -III <br />watersheds. The protected area for WS -Iv water supplies can, <br />however, in some cases encompass the entire drainage area. The <br />protected area size that was adopted for these large drainage <br />systems states that the boundaries of such shall extend 5 miles <br />upstream and draining to water supply reservoirs (measured from <br />the normal pool elevation) or to the ridge line of the wat- <br />ershed (whichever comes first); or 10 miles upstream and drain- <br />ing to intakes located directly in the stream or river (run -of- <br />the- river), or to the ridge line of the watershed, (whichever <br />14 <br />