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7. The City of Durham and Durham County encourage the Environmental Management <br />Commission to modify the proposed rules to provide for shared responsibility for the <br />operation and maintenance of stormwater controls required under the high density option <br />between the regulated jurisdiction and the jurisdiction(s) benefitting from the water quality <br />protection. <br />Local governments that are regulated under the proposed rules and benefit from the high density <br />option have some responsibility to prevent the pollution of downstream water supplies. However, <br />the local jurisdiction that benefits from the higher water quality offered by stormwater controls <br />have the most interest in seeing that those controls operate as they were designed. Therefore, <br />those jurisdictions should share the cost and responsibility. For example, Durham would share <br />with Person County the responsibility for the operation and maintenance of stormwater control <br />facilities located in Person County to protect the Lake Michie water supply. Likewise, Raleigh <br />would share with Durham the responsibility for the operation and maintenance of stormwater <br />control facilities in Durham to protect the Falls Reservoir water quality. <br />8. The City of Durham and Durham County support the proposed WS-11 classification for <br />Lake Michie and Little River reservoir watersheds. <br />These two reservoirs offer high quality water and are clearly appropriate for the WS-II <br />classification as defined in the proposed rules. This is supported by the information submitted <br />by Durham County in March, 1991 to the Division of Environmental Management Commission <br />on its Watershed Protection Questionnaires. The proposed rules are generally compatible with <br />the watershed regulations currently enforced by Durham County in this area, which were based <br />on the technical recommendations from the Camp, Dresser and McKee Watershed Management <br />Study. <br />9. The City of Durham and Durham County encourage the Environmental Management <br />Commission to a) consider allowing a 1110 percent at 70 percent" impervious surface credit <br />in WS -1V watersheds, b) consider allowing a local government to transfer some or all of its <br />"10 percent at 70 percent" impervious surface credit to other jurisdictions within the same <br />watershed, and c) consider allowing a local government to transfer some or.all of its "10 <br />percent at 70 percent" impervious surface credit from WS -111 areas to WS -1V areas in the <br />same watershed. <br />In Durham County's case, for example, some portion of the development potential represented <br />by the "10 percent at 70 percent" provision in the Lake Michie and Little River Reservoir <br />watersheds may be unused, because of low density land uses envisioned by our comprehensive <br />land use plans. Therefore, it is reasonable to consider transferring "unused" impervious surfaces <br />to upstream jurisdictions. In this example, this provision would enable the transferring of that <br />impervious surface credit farther away from the water supply reservoirs. Similar transfer of <br />impervious surface credit could apply to the Falls Reservoir and to the Jordan Reservoir. This <br />type of transfer addresses equity issues related to benefits and burdens, objections based on land <br />use plans and infrastructure investments as well as protection of water quality. <br />3 <br />11_ <br />