AGENDA #8.1

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Consideration of Resolution Establishing a Committee to Review and Recommend Revisions to the Stream Definitions and Field Verification Criteria in the Town’s Land Use Management Ordinance

 

DATE:             April 24, 2003

 

 

Adoption of the attached resolution would direct the Manager to establish a Technical Committee of experienced experts to review the present stream definitions and verification criteria in the Town’s Land Use Management Ordinance, and to provide recommended revisions for the Council’s consideration.

 

BACKGROUND AND DISCUSSION

 

The Chapel Hill Land Use Management Ordinance, that became effective on January 27, 2003, included broad and significant changes in regulatory requirements for development and redevelopment within the Town’s planning jurisdiction.  To implement the new regulations, Town staff has developed new means and methods for receiving, reviewing, and processing development applications.  A significant area of change in the new regulations involves the Resource Conservation District and associated definitions and verification criteria required for classifying streams as perennial, intermittent, or ephemeral.

 

The Engineering staff has developed field work sheets and guidelines for making stream determinations based on the new regulations, and has classified approximately thirty stream segments on the basis of the definitions and verification criteria in the Land Use Management Ordinance. They have found that the current stream definitions and field verification criteria are difficult to reasonably and consistently apply to the conditions that they encounter in the field during stream determinations.

 

Based on our experience to date, we think it would be useful to seek the assistance of experts in reviewing the definitions and field verification criteria; and, to seek their recommendations for changes that would result in more accurate and consistent stream determinations.

 

The Engineering staff has identified academic experts and experienced professionals who are willing to assist us in reviewing the regulations.  Attachment #1 is a list of persons who have a variety of applicable experience and expertise and who have agreed to serve as advisors. The Council could also appoint other experts as it desires.

 

MANAGER’S RECOMMENDATIONS

 

That the Council adopt the attached resolution authorizing the Manager to invite participation in a technical advisory committee to review and recommend revisions, as needed, to the Land Use Management Ordinance stream definitions and field verification criteria. Recommendations of the committee would be reported to the Council this summer. 

 

ATTACHMENTS

 

1.         Recommended list of technical advisory panelists (p. 5).

 

A resolution authorizing the Manager to INVITE PARTICIPATION IN A TECHNICAL ADVISORY committee TO REVIEW AND RECOMMEND revisions, if necessary, to the land use management ordinance stream DEFINITIONS and verification criteria (2003-04-14/R-10)

 

Whereas, the Chapel Hill Town Council desires to comprehensively and consistently apply the regulations in the recently adopted Land Use Management Ordinance; and

 

WHEREAS, these regulations include significant restrictions on land use within Resource Conservation District areas surrounding streams in Chapel Hill; and

 

WHEREAS, the Council wishes to utilize the best scientific methods and accepted practices for determining stream classifications associated with Resource Conservation District areas;

 

Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council directs the Manager to invite participation in a technical advisory committee including experienced professionals and academic experts to review and recommend revisions, as needed, to the Land Use Management Ordinance stream definitions and field verification criteria.

 

BE IT FURTHER RESOLVED that the Council requests that the Manager report back with the findings and recommendations of the advisory committee no later than the first regular Council meeting in June 2003.

 

This the 14^h day of April, 2003.

 

 

ATTACHMENT 1

 

 

Recommended List of Technical Advisory Panelists

 

 

Dr. James Gregory, NCSU Forestry Department: served on the TAC to develop the NCDWQ Stream Classification Method

James D. Gregory, CPSS, PWS, PhD

Professor of Forestry, Watershed and Wetlands Hydrology

Dept. of Forestry, North Carolina State University

 

Dr. Larry Band, UNC-CH Geography Department: watershed studies, hydrology and geomorphology studies

Voit Gilmore Distinguished Professor

> Chair

> Department of Geography

> University of North Carolina

> Chapel Hill

 

Dr. Seth Reice, UNC-CH Biology and Ecology Curriculum: stream studies, benthic community assessments

Associate Professor of Biology

University of North Carolina

Chapel Hill

 

Dr. Phil Berke, UNC-CH Planning Department: urban planning and watershed studies

Professor of Land Use and Environmental Planning

University of North Carolina

Chapel Hill

 

Ren Ivins, Orange County Planning Department; delegated local authority to conduct stream determinations for NCDWQ

Reynolds J. (Ren ) Ivins

Orange County

Erosion Control Supervisor

 

Jay Lawson, MACTEC Engineering and Consulting, Inc.; expertise in stream classification and mapping

Jay Lawson

Senior Environmental Scientist

MACTEC Engineering and Consulting, Inc.

 

Dave Penrose, NC Division of Water Quality: state regulator in stream classifications

Environmental Biologist III, Stream Restoration Biology.

 

Bob Zarzecki, NC Division of Water Quality

Environmental Biologist

Stream Restoration Biology