Orange County NC Website
Browse       Search
17 <br /> 1 In 2017 General Assembly delayed implementation and/or enforcement of nutrient <br /> 2 reduction standards in the Cape Fear River Basin to allow additional study <br /> 3 — STAFF COMMENT: <br /> 4 State action did not/does not impact enforcement of standards <br /> 5 (i.e. water quantity and quality) in the Neuse. <br /> 6 Does not eliminate enforcement of water quantity standards in the <br /> 7 Cape Fear River Basin. <br /> 8 Study being completed by DEQ, with involvement UNC, and other partners. <br /> 9 Final rules should be ready by 2022. <br /> 10 <br /> 11 What does this mean? <br /> 12 • Local governments have lost ability to implement/enforce nutrient reduction strategies <br /> 13 within the Cape Fear River Basin. <br /> 14 • Amendments are necessary to bring LIDO into alignment with current DEQ regulatory <br /> 15 requirements. <br /> 16 — STAFF COMMENT: Once new rules are adopted at the State level, those <br /> 17 rules will be incorporated into the LIDO with a future text amendment. <br /> 18 <br /> 19 Proposal <br /> 20 Amend UDO to eliminate nutrient reduction strategies/standards for parcels located <br /> 21 within the Cape Fear River Basin only. <br /> 22 — STAFF COMMENT: <br /> 23 County does not have authority to enforce water quality standards <br /> 24 based on current State law; <br /> 25 Continued reference to standards in the UDO exposes County to <br /> 26 potential litigation; <br /> 27 Once new standards are adopted, they will be incorporated into <br /> 28 UDO. <br /> 29 <br /> 30 Planning Board Recommendation: <br /> 31 • At its January 2, 2019 regular meeting, Board voted 9 to 2 recommending approval; <br /> 32 • Those voting against indicated they were concerned the State was taking too long to <br /> 33 address issue. <br /> 34 — STAFF COMMENT: Staff understands concern. Unfortunately County's <br /> 35 legal ability to adopt, implement, enforce these standards has been <br /> 36 eliminated. <br /> 37 The UDO needs to be updated to reflect current State law. <br /> 38 <br /> 39 Recommendation <br /> 40 The Manager recommends the Board: <br /> 41 1. Receive the proposed amendments; <br /> 42 2. Conduct the public hearing and accept comment; <br /> 43 3. Close the public hearing. (Note that, because this is a legislative decision, <br /> 44 additional comments at a later date are permitted); and <br /> 45 4. Decide on one of the following options: <br /> 46 a. Adopt the proposed amendments by approving the Statement <br /> 47 of Consistency (Attachment 3) and Ordinance (Attachment 4). <br /> 48 b. Defer a decision to a later BOCC regular meeting date. <br /> 49 c. Refer the item back to the Planning Board for a specific <br /> 50 purpose. <br />