Clean Water in the News

Swimming warnings at beaches and shellfishing bans along thousands of acres of waters are signs that the state's current rules limiting storm runoff aren't working in coastal counties, state water quality regulators say.

The acres of coastal waters permanently closed to shellfishing has increased about 13 percent in the past two decades, state data shows. Today, about 76,000 acres of coastal waters are permanently closed because of high pollution levels that make the oysters and clams dangerous to eat, according to the state Division of Shellfish Sanitation. An additional 43,000 acres close temporarily because of bacteria after rains of 1 to 2 inches.

"The pollution associated with stormwater runoff is the No. 1 water-quality problem in North Carolina," said Tom Reeder, chief of Division of Water Quality's wetlands and stormwater unit. "The existing rules aren't really protecting the water quality of coastal North Carolina."

So the state Division of Water Quality is seeking to toughen the stormwater rules in the 20 coastal counties to curb the polluted waters that rush from highways, parking lots and housing developments.

Environmentalists, homeowners and state officials want the state to adopt tougher limits, saying runoff not only affects shellfish but human health when swimming beaches must be closed because of high bacteria levels. Meanwhile, home builders say the changes would raise the cost of building at the coast and lead to an increase in high-density development at the water's edge to justify the expense.

Current regulations allow subdivisions to be built so densely that they overwhelm the land's capacity to filter mud, feces and chemicals from roofs, roads and yards before the pollution reaches the water. The current rules allow developers to build on up to 25 percent of a tract of land before controls are required.

Possible changes

The new rule would require developers to design stormwater controls such as detention ponds and basins to limit runoff within a half-mile of shellfish waters when they build on more than 12 percent of a tract. Scientists say that water quality suffers when more than 10 percent of a lot is built upon without having well-designed controls to capture rainwater before it rushes pollutants into nearby waterways.

At present, developers are usually only required to get a stormwater permit if the development disturbs an acre or more. The rules would lower that to a quarter acre.

The rules also would require wider buffers of grass, shrubs and other vegetation along waterways to slow and filter runoff. The current requirement is 30 feet, and the proposed change would raise that to 50 feet.

Tougher rules concern builders such as Hiram Williams of Pender County. He questions the need for wider buffers, saying a 30-foot zone, if well-designed, should adequately filter pollution.

"They're just taking away the right to use a lot of people's property," Williams said.

Lisa Martin, director of regulatory affairs for the N.C. Home Builders Association, said home construction and real estate are vital parts of the coastal economy, just like tourism.

"This is going to affect affordability on the coast," she said.

Larry Sneeden of ESP Associates, land planning and engineering design consultants in Wilmington, said the expense of more stormwater controls would have the unintended consequence of promoting higher-density development near sensitive waters.

"I hate to see the trend we're going to see with everything going high density," Sneeden said.

But damage from runoff has an economic effect, as well. Michael Mallin, a researcher at UNC-Wilmington, said his research of tidal creeks in southeastern North Carolina found a strong link between fecal contamination in the creeks and the ratio of roofs, driveways, sidewalks and parking lots. He said in areas where less than 10 percent of the area was developed, the waters were still open to shellfishing; the creeks were closed because of high bacteria in areas with higher-density development. He said that once more than 20 percent of an area is covered with hard surfaces, waterways become too polluted for shellfishing.

Troubles on the coast

"Stormwater is a far more serious threat to human health than we previously understood," said Lawrence Cahoon, a colleague of Mallin's at UNC-W. "Too many of our public waters are filthy and dangerous."

The state posted swimming advisories on beaches 21 times this summer because of high bacteria. That was down compared to 2006, thanks to dry weather, which causes less runoff. State data indicate the number of beach closings has increased significantly in the past five years.

Jim Swartzenberg of Jacksonville, who raises oysters and clams in Stump Sound, said the proposed stricter rules would make it possible for fishermen to keep making a living. He said a developer was planning to build 1,100 homes on 575 acres near waters where he fishes. Swartzenberg said the developer tried to plan an environmentally sensitive project and met with him repeatedly to hear concerns. Even so, his shellfishing waters were closing for longer periods because of land-clearing activities.

At a public hearing in Wilmington last week, Annetta Cobb, who lives near the Shallotte River in Brunswick County, said she can still get clams and oysters from the river near where she lives. But she said she has watched as shellfishing bans have inched closer and closer to her property.

"I've seen the water be degraded," Cobb said. "You can't do this too soon for me."