U.S. Water News Online
RALEIGH, N.C. -- The General Assembly is attempting to take a fresh look at clean water this year, but a long-standing legal and legislative battle has kept things murky, at least when it comes to protecting shellfish.
For David Beresoff, a commercial fishermen from Brunswick County, the answer is plain when he sees more waterways closed to oyster and clam harvesting because of pollution. Beresoff said the increase has come about the same time that development has soared along the coast.
"We keep losing ground year after year," Beresoff said as he was pulling up a flounder net in the Lockwood Folly River. "You've got this rampant development ... the stormwater runoff is just a straight shot into the waters."
Developers, however, they shouldn't have to take all the blame. And they say a proposal that will require them to install vegetation buffers or containment ponds more often than builders in the rest of the state may not improve shellfish waters that much.
"There are other land uses that are contributing to the pollution that way and we would appear to be the only ones -- land developers -- that would have to fix that," said Lisa Martin, a lobbyist for the N.C. Home Builders Association.
Environmentalists, regulators, local governments and homebuilders have been meeting for the past two months trying to work out details of a bill designed to set federally mandated stormwater controls for small- and medium-sized communities.
Rules for six large cities with populations of 100,000 went in place in 1990. In 1999, the Environmental Protection Agency extended requirements to so-called "Phase II" communities.
The state Environmental Management Commission adopted rules in 2003 that would have forced 123 municipalities and 33 counties to start stormwater programs, but a special state panel that reviews rules rejected them, touching off a lawsuit.
In 2004, the General Assembly stepped in and created its own temporary rules. The environmental commission then created rules that were approved by the state rules panel last November.
The lobbyists and regulators are now trying to work out differences between the 2004 law and the commission rules before this year's legislative session ends. Otherwise, the rules take effect without changes.
The advocates have been trying to resolve conflicts over many issues, such as if and when the rules would apply to a landowner already in the planning or construction stages. Local governments also are negotiating over when entire counties would have to participate.
"There are several billion working parts," said Sen. Dan Clodfelter, D-Mecklenburg, the bill sponsor, who wants to bring to the Senate environment committee.
The home builders association, comprised of more than 16,000 builders, also is worried about a proposal that would place tighter stormwater controls on three coastal counties and eight coastal cities, particularly land within a half-mile of shellfish waters that drain into them.
Environmental groups back a rule that would require a developer to set up retention ponds or vegetation to control rainwater runoff in those coastal areas where more than 12 percent of the land is covered by buildings, pavement, gravel or athletic courts.
The controls help water percolate into the ground and evaporate at a slower rate, while nutrients and bacteria otherwise heading for sensitive waters are absorbed by plants. Developers in the rest of the state covered by the Phase II rules wouldn't require pollution control measures unless they cover up 24 percent of the land.
Supporters point to state and university reports that show that the quality of shellfish waters begin to decline when built-upon areas exceed 10 percent. Shellfish water closures have increased from 46,000 acres in 1984 to 56,000 today, according to the N.C. Coastal Federation.
"We really need those extra protections around our shellfishing waters to protect them. If not, we're going to continue to lose these waters, which are important for our economy," said Christine Wunsche, an attorney with Environment North Carolina.
The 12 percent rule could effectively cap development in coastal areas, said Rick Zechini with the N.C. Association of Realtors.
"They don't want to get into a situation where they have to deal with the high density projects," Zechini said. "What you're doing is devaluing property."
Martin said her group hasn't reviewed the studies enough to determine whether the kind of subdivisions her members build are the primary cause of the shellfish degradation.
"I think even at 12 percent you're not going to open closed shellfishing beds," she said.
The General Assembly appears headed toward other improvements on other water quality issues this year. The House has backed new fees or increasing old ones to test new private drinking water wells and monitor community water supplies better.
Beresoff said legislators needs to be committed to also keeping other kinds of water clean.
"People have to be conscious about what they come to the coast for," he said. "They come for the beautiful scenery and the availability of fresh seafood. But if you destroy that, then you're defeating the whole purpose of moving to the ... coast."
Return to the U.S. Water News Archives page Or Return to the U.S. Water News Homepage
Editor@uswaternews.com
*Your Name:
*Your Email:
*Friend's Email:
Use a comma to separate e-mail addresses:
*Your Comments:
Hi, I thought you might like to read this article.
*Required Fields