Butner Falls lake response 11-23-09

Town of Butner
600 Central Avenue, P.O. Box 270
Butner, NC 27509
Tel [phone] Fax [phone]
Thomas W. Lane, Mayor Thomas S. Marrow, Town Manager
November 23, 2009
Mr. Mike Randall
Division of Water Quality
North Carolina Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Phase II Stormwater Program
State Designation Process
Town of Butner, Granville County
Dear Mr. Randall:
In response to your letter regarding potential designation of the Town of Butner as an NPDES
Phase II community, the town has reviewed the requirements of the Phase II program. We met
with you on November 16, 2009 to determine what changes this designation could bring to
Butner's Watershed Protection Measures and appreciate your guidance on this matter.
The Town of Butner has been participating in the Falls Lake Nutrient Management Strategy
(NMS) Stakeholder Process making every effort to look for effective ways to address the
impairment of Falls Lake. The impairment of Falls Lake is the only designation criterion that
Butner meets definitively, as our 10 -year population growth rate is well under 10%.
It is our understanding that the draft rules for that NMS will be going to the EMC in March of
2010, only 2 months after this Phase 11 designation recommendation would go to the EMC.
Additionally, the current legislation requires that once the EMC adopts the Falls Lake NMS
rules, the rules will become interim rules, putting them into effect prior to the General Assembly
giving their final approval. It is assumed by all involved that the Falls Lake Rules will be much
more stringent than current Phase II regulations, and therefore we feel it would be unnecessary to
implement two different programs at nearly the same time. Due to the most recent requirement
that the Falls Lake NMS become effective as interim rules once adopted by the EMC, the NMS
should be in place before the Phase II designation would be in place.
An Equal Opportunity / Affirmative Action Employer

As you know, the Town of Butner has implemented the DWQ-developed Universal Stormwater
Management Program (USMP) for watershed protection. The Program adopted by the Town was
reviewed and approved by DWQ on September 16, 2008. This program was adopted voluntarily
on the part of the town in an effort to be proactive in protecting the water supply watershed and
local water quality. The Town has contracted Davis, Martin & Powell to conduct site plan
reviews for compliance with the USMP under the Watershed Protection requirements of our
Land Development Ordinance. Town Planner Melissa Hodges is also registered to attend an
NSCU Cooperative Extension training on BMP maintenance in December of 2009. Butner and
Granville County were implementing the Water Supply Watershed rules for post construction
runoff control for many years prior to adopting the USMP for this area.
In consideration of the impending Falls Lake Nutrient Management Strategy, its timeline, and
Butner's ongoing efforts to protect the watershed, we feel being designated a Phase 11
community would be duplicitous and unnecessary. We request that Butner not be designated a
Phase lI community so that we may keep our focus on the Falls Lake Nutrient Management
Strategy and implementation of those important rules and subsequent program requirements.
Sincerely,
Thomas S. Marrow
Manager, Town of Butner
cc: Coleen Sullins