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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 7, 2019 <br /> Action Agenda <br /> Item No. 5-a <br /> SUBJECT: Unified Development Ordinance (UDO) Text Amendments — Enforcement of <br /> Nutrient Standards within the Jordan Lake Watershed <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. County Watershed Map Michael D. Harvey, Planner III, (919) 245-2597 <br /> 2. Excerpt of Approved January 2, 2019 Craig Benedict, Director, (919) 245-2575 <br /> Planning Board Minutes and Signed <br /> Statement of Consistency <br /> 3. Statement of Consistency <br /> 4. UDO Amendment(s) <br /> PURPOSE: To hold a public hearing, receive Planning Board recommendation, and take action <br /> on a Planning Director initiated Unified Development Ordinance (UDO) text amendment. <br /> Specifically the amendments eliminate existing nutrient regulations for parcels within the Cape <br /> Fear River Basin consistent with a 2017 State law adopted by the legislature eliminating local <br /> governments' ability to implement/enforce same to allow for additional study and evaluation. <br /> The amendment package also seeks to update references to various State agencies and <br /> regulations consistent with the aforementioned law. <br /> BACKGROUND: Orange County currently regulates `water quantity' (i.e. how much water is <br /> leaving a parcel) for non-agricultural land disturbing activities under the general oversight of the <br /> North Carolina Department of Environmental Quality (DEQ) as part of its erosion and <br /> sedimentation control program. <br /> Enforcement of `water quality regulations' (i.e. reducing the amount of nutrients) is addressed <br /> through the County's stormwater management program which reduces pollution (i.e. nitrogen <br /> and phosphorus) within established river basins. This includes parcels located within the Cape <br /> Fear River Basin (hereafter `the Basin'). Nutrient reduction strategies became effective at the <br /> State level on August 11, 2009 and were incorporated into the UDO in 2012. <br /> Please refer to Attachment 1 for a map denoting the location of river basins/watershed overlay <br /> districts located within the county. <br /> In 2017 the General Assembly chose to delay the implementation/enforcement of nutrient/water <br /> quality regulations for parcels within the Basin to allow for additional study. As a result, local <br /> governments lost the ability to implement/enforce same. <br />