Agenda - 11-05-20; 7-a - Interim Alternative Implementation Approach (IAIA) – Upper Neuse River Basin Association (Falls Lake Rules)

Browse Search

As a result, the UNRBA jurisdictions collectively worked to encourage a re-examination of the Rules, with an alternative method of addressing nutrient reductions for the Lake. Rather than trying to implement jurisdictional load reductions on their own - at great cost and questionable results - the UNRBA and its member local governments have spent the last few years working with consultants and in coordination with the NC Division of Water Resources to find a preferred and “doable” alternative approach to meeting the nutrient reduction goals. Note: Considerable additional detail and information about the Falls Rules, UNRBA findings, types of reduction measures, and the “Path Forward” to identifying an alternative approach, may be found on the UNRBA website at www.UNRBA.org. To this end, since 2018 the UNRBA has been developing an alternative option for achieving compliance with Stage I existing development nutrient load reductions that would be required by the Rules. This alternative approach would promote a commitment to additional actions directed at reducing nutrient loading impacts from existing development, using both existing and new and innovative measures, to improve the water conditions in the Lake. Titled the “Interim Alternative Implementation Approach” or IAIA, this program is considered interim because it would apply only during the period between the time this alternative approach is initiated and when the Rules are readopted (expected to occur in 2025 or later). However, it is important to note that it is anticipated that the experience and use of this approach may very well inform and serve as a model for the future readopted Rules to be implemented beyond 2025. A summary of this document (in draft form) may be found as Attachment 1. The full IAIA document is provided as a link and may be found at http://www.orangecountync.gov/DocumentCenter/View/13322/DRAFT- IAIA-Program-. The IAIA is based on voluntary participation of UNRBA members in the Program, and will allow participating jurisdictions to achieve compliance with the Stage I requirements. Choosing not to participate in the IAIA would result in a jurisdiction having to comply on their own by developing a Stage I local program consistent with the Rules and the Model Program as written. Phase I compliance without the IAIA would require installation of nutrient-removing measures in direct relation to Orange County’s prior nutrient loading. In other words, the County would need to install enough nutrient-reducing ponds or similar SCMs to compensate for the amount of Nitrogen and Phosphorus added to Falls Lake from Orange County between 2006 and 2012. Participating in the IAIA will allow a jurisdiction, in the interim period, to achieve full Stage I existing development compliance. The IAIA also allows for credit for land conservation. There is currently no credit for land conservation, of which Orange County has achieved considerable success, except through the IAIA (until such time as the rules may be revised to include this measure). Under a local-only program outside of the IAIA, the nutrient reduction would need to be accomplished with traditional Stormwater Control Measures (SCMs - ponds, permeable pavement, green roofs, etc) or other structural controls. As noted, the NC Division of Water Quality has been advising on the IAIA and has indicated support for this alternative approach to date. At this time, the UNRBA has completed work on the IAIA and is asking all member jurisdictions to tentatively commit to participating in this effort beginning in FY 2021-22, before authorizing staff and consultants to complete the actions that would be needed to formally implement the program. Staff from DEAPR, Planning and the County Attorney’s office have been involved in the development of the IAIA from the outset, and recommend participation in the program as a 2