20011729 Ver 1_Fax_20040920

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P. 01/06
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891
?rSouthern Pines, N.C. 28388
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Endangercd Spccics Surveys • f nvirounlental Assessinents • Land Management • Wctlands Mapping and Pcrmitting
SEP-20-2004 MON 10:37 TEL:[phone] NAME:DWO-WETLANDS P. 1
SEP-20-2004 12:43

Friends Of The Rocky River
3006 River Forks Rd., Sanford, NC 27330
'August 24, 2004
Mr. Boyd DeVane
NC Dept. Of Environmental & Natural Resources
Suite 9425, North Salisbury Street
Raleigh, NC 27604
Dear Mr" DeVane,
P. 02/06
Over the past year your office has received many comments from members of Friends of
the Rocky River voicing opposition to the proposed lower Rocky River reservoir. These
comments are summarized in Attachment A. On behalf of its members, the Board of
Directors of The Friends of the Rocky River (FORR ... now incorporated as a 501 (c) 4
organi2ation) wishes to reiterate its opposition to this proposed dam. Our opposition is
based on two. essential propositions. (1) the Rocky :River: is a small. North Carolina .
"Heritage River" (See. Attachment 8) that over the past 20+J- years appears (to local
residents) to be in a state of rapid decline (e.g., less water, less clean water, more
diseased fish, more algae blooms, inability to engage in Class C activities in many
sections of the river especially during low flows, etc).(2) Because current public efforts to
manage this "Heritage River" are constrained by a. severely inadequate data base, local
residents have slight confidence in any pronouncements from Raleigh or Siler City
concerning stream flow, water quality, preservation of rare & endangered species, etc.
For this latter reason, the Board of Directors of The Friends of the Rocky River wishes to
join with the North Carolina Department of Environmental and Natural Resources (DENR)
and the. Environmental Management Commission (EMC) in an effort to create a model
"Heritage River Management' Program". for this small - essentially Chatham County -
Heritage River (see 1959. N.C. Natural Heritage prograwReport). In this regards the
FCRR Board invites your office and the EMC to cooperate with 1~ORR and create a
"Heritage River Management Program" for the Rocky River that would (a).protect and
enhance the natural and environmental resources of the Rocky River both above and
below Siler City, (b) finance the collection and use of valid and reliable water quality,
stream flow and biological information, (c) optimize water supply, wastewater, recreation,
fish and wildlife, residential real estate and aesthetic values along the entire river and
finally (d) create a success story for river management in North Carolina.
Such an approach would move current municipal, state and federal river management
observation-rich" snientific protocol. A transition to a -data-and-observation-rich" protocol
would allow all *stakeholder a greater opportunity to evaluate a full range of potential costs
and benefits.
SEP-20-2004 MON 10:38 TEL:[phone] NAME:DWO-WETLANDS P. 2
SEP-20-2004 12:44

P. 03/06
All of us are in the midst of rapid, global climate change and (especially in Chatham
County) rapid population growth. In the 21 n century, these two forces alone could to do to
North Carolina (and the Rocky River) what parakeet hunters did to the Carolina Parakeet
100 years ago. As such, having a new regulator protocol - especially for a "Heritage
River'- appears to be an easy winner of the old fashion "North Carolina Common Sense"
award.
In short, a new protocol would minimize a regulatory process based on inadequate data
and a political perspective that encourages a "see no evil, hear no evil, speak no evil"
statutory and regulatory decision-making climate. Finally, such an approach, would factor
in studied assessments of future environmental and natural resource impacts on the Rocky
River resulting from externalforces including population growth downstream from Sher City
... in the 15/501 -
Pittsboro - Sanford corridor where you find ... the "Dragonfly Riffles".
The FORR Board believes that DENR and the EMC have the discretionary authority and
ability to create such a program beginning with responses to pending requests from Siler
City for a 401 permit and WS-III CA river reclassification and ending with much stricter
enforcement of the Siler City NPDES permit, In this spirit the Board of FORR requests that
no 401 permit or W - ?ec ass ,cation granted for any new dam on the Cocky
River unless the applicant (i.e.. Siler MM entom into nn
a
jtv?
following.
(1) Underwrite (in cooperation with state and federal agencies) a public data
collection protocol on the Rocky River stretching from the upper reservoir to the
Deep River. This protocol must utilize river a es and instruments throughout the
designated area that accurately measure and report on the steam flow. water
quality and biological characteristics of the river.
(2) Ensure releases that (a) mimic natural low and high flows all the way to the
Dee fiver (b) abide by non-degradation provisions of the Clean ater c)
Optimize relevant public values including (i) fish, wildlife and endangered species,
(ii) recreation, (iii) real estate, (iv) aesthetics, (v) water supply and (vi) waste
disposal values. In this regard, because the "pulse" release of 20cfs once a month
for 12 hours will have no discernable effect on the Dragonfly Riffles section of the
lower Rocky River (which is the most notable of the Heritage areas) the pulse is
appreciated only as a small first step in the right direction ... toward much larger
pulses including high flows that ensure scouring of the river bed up to the top of the
normal river bank at the 151501 bridge at least once a year and a minimum 12 hour
pulse every three weeks that is measurable all the way to the Deep River- one
much greater than 20cfs. If these releases require dredging of the upper reservoir
then dredging should, formally or Informally, be required by DENR.
(3) Undertake a wetland mitigation project in the Loves Creek drainage area
designed to capture and treat I & I overflows before they go to the wastewater
SEP-20-2004 MON 10:38 TEL:[phone] NAME:DWQ-WETLANDS P. 3
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,
treatment plant.
In addition, neither DENR nor the EMC should issue a 401 permit or agree to a WS-111 CA
classification unless both commit to making violations of the Siler City NPDES permit more
expensive to Siler City than would be the costs of abiding by the same. This approach
would help Siler City attain a much lower non-compliance rating ... one apparently more
in line with similar sized municipalities having more advanced environmental technologies
and policies.
These requests are made because FORR recognizes that the Rocky River can no longer
be considered a "natural" river that will be managed benignly by "Mother Nature". Given
the ongoing global demise of "Mother Nature" and the ascendancy of a new, and as yet,
unstable "reigning Matriarch" it seems likely that natural events (e.g., erratic weather
patterns) will only exacerbate negative impacts on Rocky River now being caused by Siler
City's lackadaisical approach to both sewage treatment and water use. Examples of these
lax management practices are noted below,
It is time that regulatory practices be updated to accommodate 21 century realities and
give real rather than symbolic protection to a full range of environmental and related
economic values. Economic values includes tens of millions of dollars in residential real
estate investments consisting of residential lots and residences along the river
downstream from Siler City. Environmental values include those summarized in the 2002
"Triangle GreenPrint Regional Open Space Assessment' and the 1989 "NC Natural
Heritage Program Assessment". Both gave the Rocky River very high environmental
ratings - especially the Dragonfly Riffles located between Woody's Dam and the Deep
River.
in summary, FORR invites DENR and the EMC to work with all stakeholders and help
institute afirst-class, rational, fact-based, systemic river management program as a
replacement for the incremental, ad hoc, heuristic program that now exists. The "first
class" program envisioned by FORR will require not only collection and use of valid and
reliable data and better enforcement of NPDES discharge permits but also reclassification
of parts of the river as nutrient sensitive and as "Natural and Scenic". While such a
program may be ambitious and long-term, it is the only approach that will respect and
protect all relevant economic and environmental values and prepare the Rocky River basin
for probable 216t century realities.
It is on this basis that FORR looks forward to a positive response from DENR and the EMC
signifying your acceptance of our invitation to help protect and promote Chatham County's
"Heritage River". In this regards, your office can be assured that FORK in cooperation
with other Chatham County citizens groups, will be diligent in its efforts to create a
"Heritage River Management Program" for the Rocky River.

Thank you for your consideration,
SEP-20-2004 MON 10:38 TEL:[phone] NAME:DWQ-WETLANDS P. 4
SEP-20-2004 12:45
P. 05/06
With Best Regards
C. A Keisler, President
Ms. K. Handley, Vice President
NOTES: 1. According to DENR,.Uer City is out of rampllance with its NEPDS permit 38% of the time
vs a record of 4%. 8%, 10% and 15% with 4 other comparable communities, 2. During one quarter in
2003 the coliform (fecal bacteria) count of Siler City effluent discharged into Loves Creek (a tributary to
the Rocky River) was 34,9001k over the allowed level. 3. During one quarter in 2003 Slier City effluent
contained 37,400% more toxic mercury than allowed.
C.C.: Chatham Citizens For Effective Communities, Chatham County United, South East Chatham
Citizen's Advisory Council, Chatham Coalition, Haw River Assembly, EMC Members, Landowners
United, Environmental Defense, Clean Water For NC
SEP-20-2004 MON 10:39 TEL:[phone] NAME:DWO-WETLANDS P. 5
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A. Heritage River Management Approach any interest... initially educational &
discussion
B. Hydrologist Report. (a) dam management plan & releases
C, Problems of SC that need to be addressed if HRMP to be successful
(1) Water Needs .... can more efficient use of water be arranged
(a) Poultry Industry water needs
(b) other industry needs,
(c) Residential needs
(2) Wastewater Problems ,,,
(a) I & I Problem: (explain... sewer limes & storm drainage connection,
extent of problem, cost of solution,
(b) Pretreatment options
(c) Wastewater Treatment Plant - Is it source of problems or just I & I
D. FORR Problems
(1) Degraded waters
(2) Too little water during droughts
(3) Too little data downstream
(4) Insufficient data - need more gauges and monitoring stations downstream
TnTAI P _ nC,
SEP-20-2004 MON 10:39 TEL:[phone] NAME:DWQ-WETLANDS P. 6