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17 <br /> • Amendments are necessary to bring UDO into alignment with current DEQ regulatory <br /> requirements. <br /> — STAFF COMMENT: Once new rules are adopted at the State level, those <br /> rules will be incorporated into the UDO with a future text amendment. <br /> Proposal <br /> • Amend UDO to eliminate nutrient reduction strategies/standards for parcels located <br /> within the Cape Fear River Basin only. <br /> — STAFF COMMENT: <br /> • County does not have authority to enforce water quality standards <br /> based on current State law; <br /> • Continued reference to standards in the UDO exposes County to <br /> potential litigation; <br /> • Once new standards are adopted, they will be incorporated into <br /> UDO. <br /> Planning Board Recommendation: <br /> • At its January 2, 2019 regular meeting, Board voted 9 to 2 recommending approval; <br /> • Those voting against indicated they were concerned the State was taking too long to <br /> address issue. <br /> — STAFF COMMENT: Staff understands concern. Unfortunately County's <br /> legal ability to adopt, implement, enforce these standards has been <br /> eliminated. <br /> • The UDO needs to be updated to reflect current State law. <br /> Recommendation <br /> The Manager recommends the Board: <br /> 1. Receive the proposed amendments; <br /> 2. Conduct the public hearing and accept comment; <br /> 3. Close the public hearing. (Note that, because this is a legislative decision, <br /> additional comments at a later date are permitted); and <br /> 4. Decide on one of the following options: <br /> a. Adopt the proposed amendments by approving the Statement <br /> of Consistency (Attachment 3) and Ordinance (Attachment 4). <br /> b. Defer a decision to a later BOCC regular meeting date. <br /> c. Refer the item back to the Planning Board for a specific <br /> purpose. <br /> Commissioner Dorosin asked if this means that there are no actual nutrient reduction <br /> strategies in place until state makes new rules. <br /> Michael Harvey said yes. He said nutrient reduction can be encouraged but not <br /> compelled, and staff can certainly applaud those who chose to do the right thing. <br /> Commissioner Marcoplos asked if staff will do a PSA on this, and list the people that did <br /> the right thing. <br /> Michael Harvey said yes. <br /> Chair Rich said it is important to encourage folks to do the right thing. <br /> Commissioner McKee said this does not mean the DENR has closed their doors and <br /> gone home. <br /> Michael Harvey said yes they are likely equally frustrated, and for them it is a catch 22. <br />