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OWASA's Comments on Orange County's Draft Changes to the UDO Regarding Impervious Surface Limits in Water Supply Watersheds May 6, 2015 Page 2 a) implement an infiltration best management practice (BMP) approved by DENR; b) hire an engineer to evaluate the infiltration capacity of the soil and design the BMP in accordance with the State's stormwater manual; c) complete a stormwater operation and maintenance agreement and have the document recorded with the Register of Deeds; and d) assume all financial and legal responsibility for the BMP. The County staff s draft amendments also include an increase in the allowable impervious surface limit for non - residential development within the Protected Watershed area in the University Lake watershed, which would make such requirements uniform for both the Cane Creek Reservoir and University Lake watersheds. COMMENTS ON THE PROPOSED MODIFICATIONS TO THE UDO OWASA does not believe the County's consideration to amend the UDO as currently drafted will result in "backsliding" from current water supply protection efforts. We believe the draft changes are consistent with early recommendations from watershed management studies for the University Lake and Cane Creek Reservoir watersheds, and meet the Cane Creek Watershed Management Study's two highest goals which are protecting public health, and minimizing impacts on County residents who are not OWASA customers. This conclusion is predicated on the assumption that development densities and riparian buffer requirements are not relaxed. The draft amendments would limit impervious surface at thresholds higher than currently allowed only with an infiltration BMP that would mimic the existing hydrology of the land. This combination of strategies could be as protective of water quality in the water supply reservoirs as current requirements assuming the BMP is properly designed, constructed, and maintained. Since the draft ordinance revision requires an engineer to design the BMP, it is likely that the associated BMP would be designed properly. 2. While the draft UDO requires the landowner to develop a maintenance agreement and record it with the Register of Deeds, it is critical to ensure that the required annual inspections occur. We strongly recommend that Orange County implement an ongoing program and provide the funding and staff resources necessary to ensure that the mandatory inspections and maintenance of such BMPs will occur. The program should include a process that would occur if a BMP no longer functioned properly and the owner decided not to repair or replace the BMP. We also recommend that the County evaluate staffing and funding periodically to possibly include a landowner- funded inspection program; more landowners may enroll in the program over time, and more BMPs may require repairs or replacement. 3. We recommend that 4.2.8(C)(3) clarify that a licensed engineer be required to design the BMP. This would help ensure that a professional engineer with expertise in stormwater management would design the BMP and sign and seal the design. 4. We commend Orange County for including both a protective density requirement and stringent impervious surface requirement, and believe both should remain. The density /minimum lot size provisions are the foundation of our successful local water supply protection program.