Agenda - 10-14-2008 - late 2 - Laserfiche WebLink

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October 14, 2008 Background New rules to address nutrient-loading (nitrogen and phosphorus) in Jordan Lake have been approved by the State Environmental Management Commission and are pending for action in the 2009 General Assembly. One component of the new rules allows for nutrient-trading to occur between parties including local governments. This may create opportunities for partnerships between municipalities and the County for conservation efforts in the Upper New Hope Creek corridor. Issue A longstanding priority for the Lands Legacy Program has been the protection of much of the Upper New Hope Creek Forest, which contains several Natural Heritage sites and thousands of acres of private and institutional prime forest. One of the key provisions of the new Jordan Lake Nutrient Management Rules is the requirement in the "Upper New Hope Arm" of the watershed to address both existing and new stormwater controls by reducing nitrogen loading by 35% and phosphorus by 5%. Each jurisdiction will be asked to implement this percentage reduction. In many urban areas meeting such a reduction will require costly retrofits of stormwater controls. Durham, Chapel Hill, Carrboro and Orange and Chatham counties all lie in the Upper New Hope Arm and must meet these provisions. However, another option is provided for in the rules. Communities (and private developers) may enter into nutrient trading whereby nutrient loading is "offset" by activities in other portions of the watershed. Orange County's portion of the Upper New Hope Arm is largely forested and undeveloped (as part of the Joint Planning Area Rural Buffer), and the creek flows through three miles of Duke Forest and the County's future New Hope Preserve before entering Durham. However, there are areas along the creek upstream that have been identified as conservation priority areas. Based on preliminary discussions with Triangle J COG and CH2MHill (the consulting firm that is modeling the nutrient trading program), it appears there may be opportunities for the city of Durham and the towns of Carrboro and Chapel Hill to offset nutrient loading by enhancing stream buffers, creating wetlands, and conserving riparian lands along New Hope Creek. Such activity would be consistent with the vision for the Rural Buffer, the Lands Legacy Program conservation efforts along the Upper New Hope, and may offer an alternative to the city and towns to costly stormwater retrofits.