to: Mayor and Town Council
from: Mayor Pro Tem Jim Ward
Council Member Bill Strom
Council Member Laurin Easthom
Council Member Ed Harrison
Council Member Sally Greene
subject: Resolution in Support of the Proposed Jordan Reservoir Water Supply Nutrient Strategy Rules
date: April 15, 2009
The purpose of this report is to provide information about and a response to a petition item from the Haw River Assembly which asks the Town Council to consider a resolution in support of the proposed rules for the B. Everett Jordan Reservoir Water Supply Nutrient Strategy (Jordan Lake Rules).
In 1983, B. Everett Jordan Reservoir was created as a multi-use impoundment. The same year of its impoundment, the state Environmental Management Commission (EMC) designated the reservoir a Nutrient Sensitive Water. In 2002 Jordan Lake was listed by the state on the EPA 303 (d) "Impaired Waters" list due to excessive algae growth from the nutrient load. The Jordan Lake Rules are born out of the EMC’s requirement to comply with key pieces of legislation that pertain to the reservoir’s designation as a nutrient-impaired waterbody. For a more comprehensive history of this legislation, please visit the North Carolina Division of Water Quality’s web page on the Jordan Nutrient Strategy (http://h2o.enr.state.nc.us/nps/JordanNutrientStrategy.htm).
Through a multi-year, stakeholder process beginning in late 1990s, the North Carolina Division of Water Quality developed the Jordan Lake Rules. The rules were adopted by the EMC on May 8, 2008 and then subsequently approved by the Rules Review Commission on November 11, 2008. The rules are currently eligible for review in the 2009 session of the North Carolina General Assembly. Four disapproval bills have been introduced.
The North Carolina Division of Water Quality (DWQ) describes the strategy for Jordan Lake as a comprehensive set of rules intended to restore the lake to its full use through reductions in nutrient enrichment. According to DWQ, the 13 proposed rules are specifically designed to meet a reduction target for nitrogen and phosphorus within each arm of the lake. The rules address several individual sources which contribute to the overall nutrient load. These sources are addressed in the following areas: wastewater discharge, the application of fertilizer, stormwater controls for new and existing development, collective nutrient reduction goals for those persons engaged in agricultural practices, and riparian buffer protection. To view the rules in their entirety, please visit the following URL: http://h2o.enr.state.nc.us/nps/documents/AllRules-RRCApproved112008.pdf. (pdf)
On February 23, 2009 the Council received a petition from the Haw River Assembly that included an overview of the proposed rules as well as a draft resolution requesting that the Town Council support the Jordan Lake Rules (see Attachment 1). The resolution also requests that the members of the North Carolina General Assembly vote to approve the rules in their entirety. The petition was referred to the members of the Sustainability, Energy and Environment (SEE) Committee (Mayor Pro Tem Jim Ward and Council Members Bill Strom, Laurin Easthom and Ed Harrison) and Council Member Sally Greene.
The members of the SEE Committee and Council Member Greene have reviewed the attached resolution and recommend it for consideration by the full Council. The resolution is similar to a recent Chatham County resolution and highlights protection initiatives that are specific to Chapel Hill.
We believe that the attached resolution is consistent with the Council’s position on the Jordan Lake Rules. This position was first articulated more than 18 months ago during the EMC’s comment period for the rules (see Attachment 2). More recently, the Town supplied its formal position on the rules through the Mayor’s correspondence to our delegation regarding the Council’s legislative requests for the 2009 Session of the North Carolina General Assembly (see Attachment 3).
That the Council adopt the attached resolution to support the proposed rules for the B. Everett Jordan Reservoir Water Supply Nutrient Strategy (Jordan Lake Rules) and request that the members of the North Carolina General Assembly vote to approve the rules in their entirety.
1. February 23, 2009 Haw River Assembly Petition (p. 4).
2. Council Comments to EMC (p. 7).
3. Legislative Request for 2009 Session [156 KB pdf] (p. 9).