Agenda #3a(3)

P.O. Box 187 Bynum NC 27228    (919) 542-5790   [email protected]

February 12, 2009

To:  Mayor Kevin Foy, and Members of the Town Council of Chapel Hill:

The Jordan Lake Rules were approved by the NC Rules Review Commission on November 20, 2008. This brings to a close a very long process that started with DWQ convening a stakeholder group to craft the rules in 2003, a long public comment period, and the Environmental Management Commission (EMC) adopting them earlier in 2008. 

The rules that have emerged from this process are strong, fair and sensitive to economic conditions. The work is not over however – the rules will now have to be passed as law by the NC General Assembly due to continued objections led by Burlington, Greensboro, Durham and certain homebuilder and realty lobbies.  Supporting the rules are many of the local governments that know just what is at stake for their residents if we don’t clean up Jordan Lake –a vitally important resource for drinking water and recreation in our area.  We are asking Chatham County, Chapel Hill, Orange County, Pittsboro, Cary, Apex, Wake County and Morrisville to pass resolutions in favor of the current rules adopted by the EMC.

We urge the Town of Chapel Hill to join the many citizens and other local governments who are supporting these new rules to reduce pollution in Jordan Lake. We believe the rules are fair and proportional, and will result in cleaner water not only in Jordan Lake, but in all the tributaries that are upstream of it.  Please consider passing a resolution directed to members of the General Assembly in favor of the rules that were adopted by the EMC and approved by the RRC. The Haw River Assembly appreciates the support and leadership for the rules that the Chapel Hill Town Council has already provided during this lengthy process.

What are the proposed rules?

To develop the rules, the state estimated the total nitrogen and phosphorus pollution that Jordan Lake can absorb and still be healthy. The state then calculated how much pollution is currently flowing into the lake – and it's much more than the lake can take. Jordan Lake operates as three distinct sections – so the reductions needed are based on which part of the lake the pollution flows to (as measured for the 2002 model) Nitrogen will need to be reduced by 8% in the Haw River arm and 35% in the Upper New Hope arm. Phosphorus will need to be reduced by 5% in each arm. The rules spread the needed reductions in nutrients among all the sources of pollution: 

* Wastewater treatment plants. The proposed rules require wastewater treatment plants to reduce phosphorus one year after the rules take effect, and to reduce nitrogen by 2014. Wastewater treatment plants contribute approximately 32% of total nitrogen delivered to the lake. Reductions from this source will result in immediate improvements to both the lake and the impaired streams that are the first “receivers” of the effluent – such as Morgan Creek in Chapel Hill.

* Existing development.  This is one of the most controversial and misunderstood parts of the rules. Jordan Lake cannot become healthy again unless local governments take steps to control polluted runoff from existing development. The rules give local governments 3½ years to develop a plan; the target for the plan is to control half of the required pollution reductions within 10 years.  However, if that’s not feasible, the local governments can propose what they think is feasible.  There is no timeline to finish the reductions in the rules as they are currently written.  Local governments can receive credits for documented BMP’s and storm water practices put in place after the base period of 2001 and before the rules become effective.

 * New development and Stream buffers The rules require new development to limit pollution released upstream from the lake by better controlling stormwater runoff and leaving buffers along creeks and streams. Many local governments in the Haw River basin already have riparian buffers stronger than the minimum 50’ required in these rules, but these rules will ensure buffers throughout the watershed. Similar rules have worked successfully – without significantly hampering development – in the Neuse and Tar-Pamlico river basins.

* Agriculture. The rules require farmers in the Jordan Lake watershed to work together to adopt best management practices to keep nitrogen and phosphorus out of rivers and creeks upstream from the lake. Similar rules have worked successfully in the Neuse and Tar-Pamlico river basins without placing a noticeable burden on farmers. The rules also require training and plans for fertilizer applications on crops, golf courses, landscaping nurseries, etc.

*NC Department of Transportation.  The proposed rules will require the state Department of Transportation and other state and federal entities to take modest steps to control polluted runoff from existing and new projects that are located in the Jordan Lake watershed.

* Nutrient Trading. To improve flexibility and lower costs, the rules also allow the various contributors to ‘trade’ pollution reductions – so, if a farmer can cheaply reduce nitrogen, even beyond their required reduction, they can sell that reduction to a wastewater treatment plant or local government. 

The Haw River Assembly urges the members of the Chapel Hill Town Council to join other local governments in adopting a resolution to the General Assembly letting them know that you want to see strong rules passed to protect Jordan Lake   Thank you for your consideration of this important issue.

Sincerely,

Elaine Chiosso
Haw RIVERKEEPER^®