Agenda 11-02-23; 4-a - Resolution Endorsing Consensus Principles II for Revised Falls Lake Rules

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=64 which "allows a municipality to balance Clean Water Act requirements in a manner that addresses the most pressing public health and environmental protection issues first." To better align with the requirements of the Integrated Planning Program, NPDES permit holders may need to reference this approach in their permit. The revised program will likely be a joint compliance effort, but compliance under this program will be assessed individually for each Tier 1 member. An approved program document will be developed with this understanding and with the following basic provisions for demonstrating compliance: • Each Tier 1 member must document and track investments and eligibility of funded actions or projects and submit annual reports to DWR (with copies provided to the Watershed Organization). • A member's adherence to the provisions of the program represents compliance with the readopted Falls Lake Rules. If a Tier 1 member resigns or is terminated under the provisions of the Bylaws, the following is a list of guidelines related to the impacts and actions that the departing member must address or that will impact the member in departing: • Reentry to the program can only be considered under the membership provisions of the Bylaws • It is the responsibility of the departing member to contact DWR and to determine the actions it must take and the schedule it must follow to comply with the readopted rules • The member must address specific program commitments made when joining the Watershed Organization as described in the Bylaws including agreements with other members on joint projects The group as a whole is not out of compliance if a member drops out. Financial resource commitments of the departing member for any joint projects not yet completed would be controlled by the agreement in place between the joint project members that developed the joint project. The total investment level will change in the fiscal year following the departure or addition of a member by the amount of the commitment assigned to the member, but the remaining members investment commitments will not be revised. Projects can be implemented anywhere in the watershed through this program. Additionally,the provisions of 15A NCAC 02B .0703 Nutrient Offset Credit Trading do not apply to existing land uses and therefore do not apply to the revised program. Demonstration of compliance can be accomplished with a brief description of relevant programs or activities being implemented (e.g., heightened permitting or land use requirements, education programs, recurring program expenditures) by the applicable jurisdictions and are considered eligible practices under the program. This information will be provided by the participant in their individual annual report provided to DWR. Participants should ensure that all local, state, and federal requirements under their jurisdictional control are met. These include but are not limited to water supply watershed protection, buffer rules, MS4 permits, and sediment and erosion control requirements. In determining whether to be the host jurisdiction (where the project would be located)for an SCM project, the host jurisdiction should be alert to the requirements of other permit programs and determine, in consultation with the Division of Energy, Mineral, and Land Resources, if the SCM will become a part of the MS4 inventory of local government owned facilities. 45