AGENDA #5b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition from the Haw River Assembly Concerning Water Quality in Morgan Creek, Bolin Creek, and Meeting of the Waters Creek
DATE: March 6, 2000
The following report discusses the inclusion of Bolin, Morgan, and Meeting of the Waters Creeks on North Carolina’s 303d list of streams that do not meet water quality standards or have impaired uses as defined by the Federal Clean Water Act.
At its January 24, 2000 meeting, the Town Council received a petition from the Haw River Assembly which presented concerns about the water quality in Morgan Creek, Meeting of the Waters Creek, and Bolin Creek. A copy of the petition is attached for reference.
The Haw River Assembly is an organization dedicated to protecting and restoring the Haw River and Jordan Lake. The Assembly is particularly concerned about the quality of water in Chapel Hill streams because most of these streams eventually drain to Jordan Lake which is an important water supply source for our region of North Carolina.
The petition notes concerns about sediment pollution from land disturbing activities, fecal coliform pollution from sanitary sewer overflows and treatment plant effluent, and nutrient pollution from fertilized lawns and recreation fields.
The petition also specifically requests that Chapel Hill Town government do the following:
· “Work with Orange Water and Sewer Authority to improve the wastewater treatment plant so that nutrient and fecal coliform levels in the effluent do not degrade water quality in the receiving creek. Meeting State standards is unfortunately not always enough to protect our waterways, as other incidents around the state have shown recently. We recommend regular reports to the Council on this matter.”
Staff Comment – We maintain close contact with Orange Water and Sewer Authority (OWASA) throughout the year regarding its routine wastewater treatment activities as well as incidents regarding overflows or damaged facilities which contribute untreated sewage to streams or lakes. Our experience suggests that OWASA’s normal wastewater treatment operations are of high quality and its response to specific incidents which impact water quality are typically prompt and effective.
· “Strictly enforce control regulations for construction projects. Do not allow a contractor’s “bottom line” to negatively impact the rights of Chapel Hill residents by muddying their streams.”
Staff Comment – Our existing regulations and organization include specific assignments of responsibility and procedures for responding to violations of our soil erosion and sedimentation regulations. The Town Council recently adopted supplemental regulations providing for increased fines for violations, and requiring that soil erosion and sedimentation control facilities on most construction sites be covered by a performance bond.
· “Educate the public as to how they can report sightings of sediment or other pollution.”
Staff Comment – Reports of erosion and sedimentation pollution are typically received and investigated by Town Engineering Inspectors, often in conjunction with the Orange County Soil Erosion and Sedimentation Control Officer or staff.
We discuss stream and lake pollution with students as part of our public school education program, including reporting of incidents or observations.
We will try to improve our efforts to get the word out to the community-at-large about how and where to report sightings of pollution which could affect our streams and lakes.
· “Apply for grants from the State to fund long-term restoration to stream water quality; possible sources for grants include the Clean Water Management Trust Fund, the Wetlands Restoration of Division of Water Quality, and the Division of Water Resources grant program for local governments.”
Staff Comment – We have and will continue to solicit grants from the above listed and other sources to fund water quality improvement, pollution control, and problem mitigation initiatives.
We are presently investigating grant and/or cost-sharing opportunities with the above noted sources in addition to the North Carolina Department of Transportation Mitigation Program and the U.S.E.P.A. 319 program regarding wetlands restoration and possible establishment of a riparian conservation area associated with segments of Booker Creek, Bolin Creek, and Little Creek, downstream of Fordham Boulevard.
· “Utilize the expertise of the UNC community, environmental organizations, and other local citizens to advise the Town on this issue as well as other enviornmenatl issures.”
Staff Comment – We have and will continue to utilize all available expertise and input to advise and assist us in improving the Town’s awareness and action in taking a leadership role regarding environmental issues.
Section 303(d) of the Federal Clean Water Act (CWA) requires that states develop a list of waters which do not meet water quality standards or which have impaired uses. In the Cape Fear basin there are seventy-five freshwater stream segments on the list, totaling nearly 500 miles or about 1¼ percent of all freshwater streams statewide. North Carolina used a four-step process to develop its 303d list, as follows:
1. Gather information about the quality of North Carolina waters, principally from data collected during the development of basinwide management plans on a five-year cycle.
2. Screen data to determine if any streams are impaired.
3. Determine if a total maximum daily load (TMDL) has been developed for impaired streams.
4. Prioritize impaired streams for TMDL development.
Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards set by the State. These standards are based on identified uses for given water bodies such as drinking water supply, contact recreation (swimming), or fishing. The scientific criteria to support the given uses are specified by the State, and seasonal variation and safety factors are part of the calculation.
The draft North Carolina Year 2000 303(d) list includes the following streams in Chapel Hill as impaired:
|
NAME/DESCRIPTION |
CLASS |
CAUSE OF IMPAIRMENT |
|
Booker Creek (Eastwood Lake) From source to dam at Eastwood Lake |
Nutrient Sensitive Water |
(Not Listed) |
|
Booker Creek From dam at Eastwood Lake to U.S. Hwy. 15 |
Nutrient Sensitive Water |
(Not Listed) |
|
Booker Creek From U.S. Hwy. 15 to Little Creek |
Water Supply and Nutrient Sensitive Water |
(Not Listed) |
|
Bolin Creek From U.S. Hwy. 501 Business to Little Creek |
Water Supply and Nutrient Sensitive Water |
Sediment |
|
Little Creek From source to a point 0.7 miles downstream of Durham County SR 1110 |
Water Supply and Nutrient Sensitive Water |
Sediment |
|
Meeting of the Waters From source to Morgan Creek |
Water Supply and Nutrient Sensitive Water |
Sediment |
|
Morgan Creek From Meeting of the Waters to Chatham County SR 1726 (Durham County SR 1109) |
Water Supply and Nutrient Sensitive Water |
Sediment |
Attached is a copy of the draft North Carolina Year 2000 303(d) list which is currently being reviewed for adoption this spring. We have included only listed streams in the Cape Fear Basin, which includes most of Chapel Hill. A map showing the above listed streams is also attached. We noted that the segment of Morgan Creek upstream of Meeting of the Waters Creek is proposed for removal from the 303(d) list of impaired waters. We believe this is the result of improvements in the biological health of upper Morgan Creek.
Data used to determine which streams are placed on the 303(d) list comes from basinwide management plans conducted on a five-year cycle by the State. The next scheduled Cape Fear basinwide management plan assessment is scheduled for this year. The last assessment for the Cape Fear basin was conducted in 1995, and it is the basis for including the above noted streams on the State’s 303(d) list. Mr. Alan Rimer has written a paper entitled “Chapel Hill Stormwater Management – The Implications of 303(d) Listings” which summarizes additional information about the 303(d) list. We have attached a copy of this paper for information.
In 1994, the Chapel Hill Stormwater Management Committee (which was established by the Town Council to address stormwater issues) reviewed data being collected by the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management (DEM) for preparation of the 1995 basinwide management plans. The Committee noted stresses on the water quality of our local streams, and subsequently recommended that the Council establish a local Water Quality Monitoring Program.
Such a program was established and in 1995 we began monitoring physical properties (temperature, dissolved oxygen), microinvertibrate populations (benthic inventories), and chemical constituents in our local streams. Monthly samples are collected at eleven sites in Chapel Hill and Carrboro, and we use the data to establish baseline water quality and to provide an indicator of changes in pollutant loading. The data we collect are made available to the State for use in assessing and developing basinwide management plans. These data are available for review in the Town Engineering Department.
In addition, the Town has implemented several initiatives intended to minimize the pollution of all local streams, including those streams on the 303(d) list. Examples of these initiatives include our stormdrain stenciling program which advises people not to dump waste materials into catchbasins, stream cleanups by volunteers, education programs in the public schools, strengthening of our soil erosion and sedimentation control regulations, and cooperative efforts with area universities and the Cooperative Extension Service to test and evaluate innovative pollution control technologies. We also maintain close contact with Orange Water and Sewer Authority regarding cause and effect and mitigation of sanitary sewer problems resulting from overflows, system damages/failures, and treatment plant effluent. We now do and will continue to solicit grant money for water quality related improvements.
It is our goal to continue and improve upon these initiatives to the extent that none of our local streams will remain on the 303(d) list of impaired waters. We believe that improvements are occurring in the listed streams since the last assessment, and with continuing and expanded efforts through our Stormwater Management Program we hope to have the listed streams reclassified and eventually removed from 303(d) list of impaired waters.
We agree with the Haw River Assembly that Chapel Hill and all other communities with streams draining to Jordan Lake must make every effort to mitigate pollution of this important regional source of drinking water. We also appreciate the thoughtful and constructive petition submitted to the Council by the Assembly.
We are aware of the issues and concerns discussed in the petition, and we are already striving to fulfill each of the requests presented by the Assembly to maximum extent possible with available resources.
We think that we can improve on our current efforts and continue to initiate new efforts to control and mitigate pollution in our streams. Later this year we expect to present recommendations to the Town Council regarding implementation of a Stormwater Utility. If approved, a significant portion of the utility revenues could be used to reduce water pollution and improve the overall quality of our streams and lakes.
Following the next stream assessment and subsequent publication of the next State 303(d) list, we will report back to the Council on the status of our local streams.
1. Haw River Assembly Petition (pg. 7)
2. Rimer Issue Paper(p.12)
3. Map
4. Draft Year 2000 303(d) List (begin new page 1)