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Developers try to change the rules at Jordan Lake

Thursday, August 6, 2009
(Updated 12:58 pm)

RALEIGH — A pending change would weaken the newly minted Jordan Lake water quality rules before they have a chance to take effect, environmental advocates said this week.

The new rules will require developers and local governments throughout the Triad to curb the amount of phosphorus and nitrogen that run into streams. While they are aimed at cleaning up Jordan Lake, a water supply and recreation area in the Triangle, the rules will have the added benefit of making streams in Guilford County and the surrounding area healthier.

Initially, the rules were controversial, as developers and local governments officials complained about the cost. But a compromise deal was reached and the bill became law in June.

But developers say they have found a problem in the rules. They say standards for the amount of pollution runoff leaving new residential properties would be too stringent under the law as passed.

“We were going to be forced into using a bunch of land for things that might not have had the desired impact,” said Marlene Sanford, who heads the Triad Real Estate and Building Industry Coalition. The group lobbies on the local and state level for real estate and building interests.

Specifically, she said up to 20 percent of the usable property would have to be set aside for pollution-control measures under the rules as passed.

As the General Assembly moves toward adjourning for the year, a series of technical corrections bills are moving quickly through committees. While those bills are meant to clean up drafting errors, they occasionally contain substantial changes to legislation.

A tweak in an environmental technical correction bill would cut in half the amount of land developers would need to set aside for controlling phosphorus and nitrogen runoff.

In turn, that would let developers put more houses or apartments on their property.

“That’s better, more efficient, land for us,” Sanford said.

But environmental advocates say the proposed change to the rules will lead to dirtier water rolling off new housing subdivisions. That, in turn, will mean dirtier water in streams.

“If you’re going to reduce pollution, it’s always better to reduce it right at the source,” said Elizabeth Ouzts, state director for Environment North Carolina, an environmental watchdog group.

Sanford argued that developers would have to buy into off-site treatment facilities that would clean up the water by the time it reached Jordan Lake. And, she said, doing so would not save home builders any money.

But Ouzts said those facilities, known as mitigation banks, were not the most effective way to treat rainwater runoff.

“We see no reason to allow even more pollution and then count on mitigation banks, which are pretty consistently underfunded and underperforming,” she said.

The environmental technical corrections bill has passed the Senate and could pass the House before the week’s end.

 

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com

Accompanying Photos

Photo Caption: Jordan Lake

Comments

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Norm*

August 6, 2009 - 7:01 am EDT

Sounds like they're confused, the new rules were about saving the environment by improving water quality. It wasn't supposed to save money or in this case, improve the developer's profitability. Of course we all know that money in our pocket now is worth more than clean water for the future. I wonder if your legisature has the guts and brains to think of the future and tell the self-serving real estate and developers group to jump in the lake.

bettejayne

August 6, 2009 - 8:35 am EDT

To your comment, our senators and representatives are not that stupid, they know how to pick up a dollar when they see it..Who ever can spend the most money to buy the house (as they did the senate) will win this issue. Least we not forget the good ole boy network. Have to check and see if the developers are democrates or republicans. Remember North Carolinas house and senate have been controlled by democrates for a 100 years. Any problems with laws, rules, regulations, enviormential concerns, etc. have been passed by the democrates, good or bad.

brianheagney

August 6, 2009 - 8:46 am EDT

I agree Norm. It's hard to not respond with a sarcastic comment like:

"Oh, I feel so bad for Developers who aren't able to let their pollutants, pesticides and other toxins run into our lake. Please House and Senate, help them destroy our water."

But seriously, what kinds of toxins and at what levels are allowable into our water? It would be nice to avoid this right from the start. Isn't it possible to "develop" land without poisoning the water? I'd like to know a little more about Marlene Sanford and her justifications for wanting to pollute our water supply (is it only the money, or is there a more logical explanation).

mule4ever

August 6, 2009 - 10:32 am EDT

A. This article does nothing more than make ill informed readers like you guys go "Developers are bad and pollute our water," without knowing anything about the real facts involved.

B. Can you tell me when YOUR house was built in Guilford County, exactly what toxins and pollutants wound up in Jordan Lake? I didn't think so.

Norm*

August 6, 2009 - 2:38 pm EDT

A. No, it doesn't. It reminds me that developers are greedy, self-interested folks, and attempt to make everything they do sound like a personal gift to the public. B. Oh yes, 1975, a long way away from Jordan lake, however, I have removed the underground heating oil tank before it sprung a leak. Yeah, it was expensive, but burying oil tanks in the same ground you get your drinking water from doesn't make a whole bunch of sense. It is possible to puts one's long-term health and environmental interests before a few bucks.

and thanks for the outline format, it suits my style too.

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