Agenda - 11-01-2022; 12-5 - Information Item - Memorandum - NCDEQ Public Hearing for City of Durham’s “Proposed Water Supply Critical Area Reclassification of Teer Quarry

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1 ORANGE COUNTY NORTH CAROLINA MEMORANDUM TO: Board of County Commissioners Bonnie Hammersley, Orange County Manager Travis Myren, Orange County Deputy Manager FROM: Cy Stober, Planning & Inspections Director CC: Christopher Sandt, Staff Engineer DATE: November 1, 2022 SUBJECT: North Carolina Department of Environmental Quality (NCDEQ) Public Hearing for City of Durham's "Proposed Water Supply Critical Area Reclassification of Teer Quarry and a Section of the Eno Rive" ATTACHMENT(S): 1 —City of Durham's 2020 Request for Resolution of Support from BOCC 2 — BOCC Resolution 2020-056 (executed September 15, 2020) 3 — 2022 Correspondence from City of Durham 4 — NCDEQ Public Hearing Information The purpose of this Information Item is to notify the BOCC of updates to procedural requirements associated with the City of Durham's (City's) Teer Quarry project and the related NCDEQ public hearing scheduled for November 3, 2022. The City owns and operates the Teer Quarry Reservoir (Teer Quarry), an emergency water storage reservoir located along the Eno River in Durham County approximately 0.80 miles to the east of US-501 and approximately 15 miles downriver from the USGS "Eno River at Hillsborough" gauge (USGS Gauge #02085000). The City plans to convert Teer Quarry to a non-emergency source of water supply for the City once Teer Quarry has been appropriately classified for drinking water purposes and approved by the North Carolina Environmental Management Commission (EMC). To convert Teer Quarry to a non-emergency Water Supply, the City must construct a new raw water intake on the Eno River approximately 3/4 mile upstream of the City's existing Eno River emergency intake. The City originally anticipated that construction and use of the new raw water intake at Teer Quarry would require formal reclassification of all affected Orange County parcels located within the 3/4 mile upstream shift so as to adhere to land use ordinances imposed by the State's Water Supply Watershed Protection Program. In February 2020, the City formally requested a Resolution of Support from Orange County to confirm Orange County's support of the proposed reclassification. See Attachment 1 for a copy of the City's 2020 request, with reference map showing the proposed location of the new raw water intake and affected areas within Orange County. The BOCC executed the associated Resolution of Support at the September 15, 2020 BOCC Business Meeting (Attachment 2). In September 2022, the City informed Orange County that the NCDEQ Division of Water Resources (DWR) Planning Section made the formal determination that the proposed new Teer Quarry intake will not induce the need for reclassification of parcels within Orange County