SWAG agenda 013017 - Laserfiche WebLink

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Memorandum To: Solid Waste Advisory Group From: Gayle Wilson, Solid Waste Director Date: January 30, 2017 Subject: Emergency Storm Debris Site — Northern Orange County staff has been seeking a larger temporary emergency storm debris management site (DMS) north of 1 -40 for several years to supplement the existing <5 acre site on Mincey Road. The Mincey Road site is sufficient for small storm events but would be wholly inadequate for a major event such as Hurricane Fran. A major event could require a 25 -30 acre cleared site area with reasonable vehicle access and ability to meet stringent state permitting requirements such as buffers. The preference has always been to utilize county -owned property so that infrastructure investments could be maintained long term to the county's benefit, state permitting would be easier, the absence of lease agreement and costs and generally more flexibility in operations during an event and afterward for restoring the site. After an exhaustive evaluation of county owned and managed property and consultation with Duke University regarding their property the only site that met all criteria was the Future Northeast District Park site (previously the Kirby Property). However, in 2008 the Board of County Commissioners approved a conservation easement agreement with the Triangle Land Conservancy (TLC) covering most of this property, except for about 10 acres that border on Mincey Road (5 acres of which were purchased by the Solid Waste Enterprise Fund for solid waste uses, including a possible future Waste & Recycling Center). In 2013 the County Manager submitted a letter requesting that the TLC consider allowing Orange County, in a declared extreme emergency weather event, to utilize this open space temporarily. In an undated letter of reply, the Executive Director declined to endorse making this site available. He indicated that should the Manager wish to formally request an amendment to the easement that request would then be presented to the board of directors for a decision. The Easement Amendment Policy was attached. Following receipt of this letter County staff redoubled their efforts to find a suitable site, but were ultimately unsuccessful. In 2016 the County Manager submitted a second letter to the TLC Executive Director in accord with the previously provided amendment policy, requesting that TLC allow use of the interior core of the property for temporary emergency debris management in the event of a declared catastrophic weather event. The TLC letter in reply indicated different amendment criteria which it does not appear that Orange County can reasonably meet. TLC now names maintaining open space as a conservation value. As such, it will be near impossible to have a net neutral effect on the easement if there is any impact, even temporarily on the open area. The Amendment process no longer sets up a method for getting heard by the TLC Board, opting instead to go before a committee if certain enhanced criteria are met. There are also now costs associated with requesting a formal amendment.