Clean Water in the News

Changes could happen in 2008

By NIKIE MAYO, News Editor

Proposed changes to the state’s stormwater-permit rules drew a passionate crowd to a public hearing in Washington Tuesday night, as supporters of new regulations called them necessary protectors and opponents called them ignorant of “people quality.”

The N.C. Division of Water Quality is considering policy edits that would lower the thresholds for when stormwater permits are needed and when stormwater controls are required. DWQ leaders say the changes will help address the state’s top water-quality problem, which is pollution associated with stormwater runoff

“These proposals increase protection,” Tom Reeder, a supervisor for the division’s wetlands and stormwater unit, said in an interview with the Daily News. “In 2005, the Division of Water Quality did a complete overview of the existing stormwater program and found ... that it just wasn’t adequate. We found that shellfishing, particularly, was being affected by current rules.”

Under current regulations, a stormwater permit is needed for coastal development that disturbs an acre or more. The draft rules would require a permit for development that disturbs 10,000 square feet, or a quarter-acre.

Beaufort County commissioners say the proposal is too stringent and would affect every property owner here. Five commissioners spoke at the hearing, which was held at Beaufort County Community College.

“Carte blanche, you’re going to be taking people’s property,” said Commissioner Stan Deatherage, who also deals in real estate. “You can’t throw the folks out with the bath water. That’s what this does.”

Deatherage, when he spoke against the proposals during a commissioners’ meeting this month, said: “Rules like this make some people feel good about themselves, but you will not find a more hypocritical person than an environmental zealot.”

One proponent of the new rules seized that remark when he spoke Tuesday night.

“If this is what an environmental zealot is, then count me in,” said Larry Baldwin, the Lower Neuse Riverkeeper. “It is our responsibility to be good stewards of the waters of our state.”

Heather Jacobs, the riverkeeper for the Pamlico-Tar River Foundation, said her organization supports the changes, and would be happy to see even stricter rules. She characterized current stormwater regulations as “failing the river for 20 years.”

“The river is the major asset of the region,” Jacobs said. “We all have to do our part to make sure that asset is maintained at its highest quality.”

Jacobs said she believes it’s “highly likely” that the Pamlico River will soon be classified by the state as an impaired river, which means it can’t support functions it should. Pantego Creek is already classified as impaired, she said.

“We’ve seen the places where shellfishing used to be vital,” Reeder said Monday. “We’ve seen where the development has come in and the shellfishing is permanently closed. We know the closer that you get to the coast, the smaller the lots become now, so the Environmental Management Commission really had no choice but to look at some new recommendations.”

The commission also proposes to reduce the amount of acceptable “impervious cover” on a lot. That figure is derived by comparing the area for houses, roads and impervious surfaces to the total land available. The proposed rules would allow 12 percent of impervious cover on any lot within a half-mile of shellfish-supporting waters. Once the cover reaches 12 percent, that would be a “trigger” to put in place stormwater controls, according to the plan. That percentage is roughly half the amount of cover the current regulations allow.

County leaders called for uniform statewide rules, rather than some aimed at 20 coastal counties. They also called for additional studies.

“I think environmental regulations have played a spectacular role in North Carolina,” said Tom Thompson, Beaufort County’s chief economic developer. “But I’d love to see a bona fide study on fecal coliform. ... To arbitrarily propose regulations sends the message that water quality is more important than people quality.”

County Manager Paul Spruill said his commissioners feel the new proposals equate to “using a broad brush to fix a problem that is not targeted enough.”

Written comments on the proposals will be accepted until Oct. 15. The Environmental Management Commission will consider the comments in January 2008, and that group’s recommendations will likely be considered during the General Assembly’s short session.

If the proposed rule changes are passed, all coastal counties would fall under the stormwater requirements already in place for Onslow, Brunswick and New Hanover counties. The new regulations would take effect around August 2008.