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

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more cost-effective, collaborative and technically-efficient way to address the nutrient loading issues that will be needed for Falls Lake. Commissioner Greene serves as the County’s member on the UNRBA Board of Directors, with Commissioner Bedford as alternate. At the November 18 UNRBA Board meeting, each delegate will be asked to participate in an initial vote to indicate intent to participate in the program beginning in FY 2021-22. (Formal approval and action would come in 2021). FINANCIAL IMPACT: The IAIA program is based on the organization’s cost-share basis, which reflects a combination of water usage from the Lake and the amount of watershed area in the jurisdiction. The annual commitment for funding participation in the IAIA for Orange County is $161,943 per year, anticipated to continue through FY 2024-25. This is based on the participation of 12 jurisdictions that have indicated to date an interest in participating at the staff level. This contrasts to the projected cost of Orange County’s requirement to develop its own individual program for Rules implementation, expected to be in the millions of dollars each year, depending on the actual jurisdictional loading rate. 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 the Lake from Orange County between 2006 and 2012. Some estimates have projected the total cost of this individual program to be approximately $46 million for Orange County. Based on the development of the IAIA over the last few years, the current Capital Investment Plan or CIP (and the proposed FY 2020-25 CIP) includes a Falls Lake Nutrient Management Strategy item that allocates $175,000 per year during the years of the IAIA implementation. This funding would begin in FY 2021-22. In addition, some of the work and funds of the Lands Legacy program in the Falls Lake watershed will also count toward the funding commitment. This model approach, if successful, may be used in the future phase of the Rules, resulting in considerable cost savings to the County and all jurisdictions. SOCIAL JUSTICE IMPACT: Participation in this proposed program would address the Social Justice Goal of “Establish Sustainable and Equitable Land Use and Environmental Policies,” as it will provide a means to addressing require State-mandated watershed nutrient management rules through cost-sharing among the jurisdictions - that will result in a significantly-reduced cost to County taxpayers and residents, while also utilizing a more efficient and innovative ecological approach to address this water quality concern. ENVIRONMENTAL IMPACT: Participation in the proposed program would address the goal of “Resultant Impact on Natural Resources and Air Quality,” by providing a proactive and more technically-achievable means to reducing nutrient loading in Falls Lake, thereby improving the lake’s water quality (and in the streams in the upper watershed within Orange County). RECOMMENDATION(S): The Manager recommends that the Board authorize Commissioner Greene to indicate Orange County’s intent to participate in the IAIA at the November 18, 2020 UNRBA Board meeting, with formal approval and action to be forthcoming in 2021. 3