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

Browse Search

=65 Proposed Legislative Changes The NC Collaboratory is funding a study to evaluate potential changes to the Falls Lake Rules that would allow for a more collaborative, system-based approach to nutrient management in the watershed. The UNRBA is working with the lead author of this study, Dan McLawhorn,to better understand existing legal constraints on its proposals and where legislative changes may be required. A link to the presentation on this topic at the 2023 Falls Lake Nutrient Management Study Symposium hosted by the NC Collaboratory is available here. The UNRBA will begin developing recommendations for potential rule changes after its December 2023 submittals and will coordinate this effort with DWR. Rules will be amended to be consistent with the General Statutes and Session Laws which apply to the program. Status of the UNRBA Recommendations This Concepts and Principles Document was developed based on input from the PFC and the Board of Directors as well as input from external stakeholders, including staff from DWR and representatives from agriculture, DOT, and NGOs. These discussions identified several program components to guide development of the revised Falls Lake Rules. Many of the program components identified are designed to promote flexible implementation of the rules. Feedback provided to date supports the inclusion of significant flexibility in the revised strategy. Much of the existing land use or non-point source components of the revised rules need to be built on the submission of joint compliance plans for approval. This flexibility needs to provide for the opportunity to revise programmatic components of the efforts under the existing land use provisions of the strategy. Because the proposal is looking at a 25-year implementation period with planning for data analysis and potential additional data collection and modeling beginning by year 20, it is clear that the rules will not be open for change for a long period of time. Operational activity and the need for adjusting program components will likely arise before the formal assessment of the strategy. If the program is prescribed in the rules, revisions will be extremely difficult to manage. An approved program document referenced by the rules would be much more reasonable and ada ptative. This Concepts and Principles has been distilled into an updated set of Consensus Principles (called Consensus Principles II)for consideration by the governing bodies of the UNRBA members (e.g., county commissioners,town councils, city councils, utility boards). Once the individual governing bodies have signed the Consensus Principles II and endorsed the UNRBA recommendations for the revised nutrient management strategy, the UNRBA will submit these documents to the EMC and DWR by December 2023. As the rules readoption process unfolds, discussions among UNRBA members and other external stakeholders will continue. Additional recommendations and responses to stakeholder feedback will be considered during this process. To provide your input on this document, please email Forrest Westall, UNRBA Executive Director. forrest.westall@unrba.ord 46