Developers win, we all lose; or the $343 million water quality bailout

newsobserver.com | State rules may trump local cleanup plans Federal and state law sets quality standards for reservoirs and their tributary streams. Jordan and Falls lakes are below standard due to pollutants flowing in from the Neuse and Cape Fear river watersheds. The state Division of Water Quality is under mandate to reduce pollutants to acceptable levels. Part of the proposal for Jordan Lake calls for improving stormwater runoff control in already-developed areas. Durham's public works department estimates that alone would cost the city $334 million, and that the tab for all local governments in the Jordan watershed would total $2 billion. [...] The most polluted section of Jordan Lake is fed by streams running through southern Durham County, which has grown dramatically in the past 25 years. Major tributaries of Falls Lake flow through eastern Durham County, projected to be the county's fastest-growing area in the next 10 to 15 years. There, Ellerbe Creek, Lick Creek and Little Lick Creek are the major streams, and all are polluted. City Councilman Mike Woodard calls eastern Durham "ground zero" for a clash of interests for residents, conservationists, developers and city and county governments -- over how to restore and protect streams, manage development pressure and property rights and rewrite regulations, all while waiting to see what comes down from Raleigh. Durham, along with other governments, is fighting the proposed Jordan Lake rules, especially those for existing development. This week the city council discussed adding $100,000 to $30,000 already approved for legal expenses. The council also discussed appropriating $1.2 million for planning and designing a watershed protection plan for Third Fork Creek, a Jordan Lake tributary.

Durham has allowed development for many years with minimal concern for impacts to water quality. (I'm not even going to talk about Wake County, it would be too depressing.) Now that it's time to pay the piper, it's almost certainly going to come out of the tax coffers, instead of the developers' fattened wallets as it would have if we'd required ecologically-aware development to start with. I expect a huge outcry from John Locke Foundation puppets claiming loss of property rights, and developers whining about lost income and jobs in the current economy. I will lend those cries about as much credence as the average American gives to AIG's whining about bailouts while they were soaking in hot tubs and drinking wine. Seriously, when are Durhamites going to wise up to the reality that these people do not have our long-term best interests at heart? I find it equally disturbing that the City is allocating $100K+ to fight the state lawsuits, instead of directing that cash to retrofits, outreach, and policing of existing regulations. And, given how long it takes to get a Plan together, why have they waited so long to push for a Third Fork Creek Plan?

Earlier this year, residents formed a "Preserve East Durham County" organization (olivebranchroad.org) to oppose development without stronger pollution controls, and press the city, county and state to better enforce existing regulations. South-Durham residents' groups are also opposing clear-cutting for new development and stricter pollution controls.

We have to wait for citizen groups to form before the government pays any attention? There seems to be a serious disconnect between the central administration and the on-the-ground reality of land use in greater Durham.

The Durham News | New group forms to sift through Durham's environmental problems With development developing, pollution present and tough new rules in prospect from the state of North Carolina, a Durham citizens' group convened this week to start a six-month review of the city and county's rules protecting the land, air and water. "We want to get ahead of the curve," said City Councilman Mike Woodard, who, with County Commissioners Chairwoman Ellen Reckhow, joined 10 knowledgeable citizens to form the Environmental Enhancements to the Unified Development Ordinance Steering Committee -- "EEUDO" for short. "I don't want us to keep responding," Woodard said. Water pollution in fast-upbuilding eastern Durham County, where streams flow into the Falls Lake reservoir, was the particular "straw" leading to the committee's formation, Woodard said. The same issues are present in already developed southern Durham, where streams carry pollution to Jordan Lake. The EEUDO group is to review the UDO's regulations and recommend changes, in the rules themselves, enforcement practices or both, to improve them. Its report, to the Joint City-County Planning Committee, is due in April.

Perhaps the two biggest questions here are: Why doesn't Durham have an Urban Open Space Plan, since Ellerbe Creek runs thru the heart of town? And why did the UDO leave out so much in regards to environmental protections when it was drafted? Seems to me it's already too late to claim ANY ability to get "ahead of the curve." And has anyone asked who will get the benefit of the $300+ million dollars? My guess would be landscape architects, construction companies, and owners of developments that spent only minimal amounts on water quality protection up front. How interesting.