20210224 Ver 1_Public Notice Comments_20211020

Public Notice Comment Form
ID#*
20210224
Project Name*
Westpoint
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1
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Please pick the response below that represents your stance on the above mentioned project? *
Yes - I agree with the project. No - I do not agree with he project.
Comment
In 2019, the Durham Planning Department released their proposed Critical Area of Protection for the new water
intake at Teer Quarry to provide drinking water to Durham City residents. In 2021, the City moved forward with
Phase One of the development of Teer Quarry water intake.
The Westpoint development and proposed impacts to streams and wetlands through the Individual 401
Certification are within that Critical Area of Protection outlined by City Planning in 2019, and voted on with
support from the Durham County Commissioners Office and Orange County. This proposed development will
harm the City's ongoing long-term plans for our water supply. Since 2007-08, when Teer Quarry had to be used
as an emergency water supply, the City has planned for Teer Quarry to be incorporated and used as a long term
solution. Protecting the water integrity of Teer Quarry represents a major Public Interest.
The proposed Westpoint development is less than 1 mile from the proposed Teer Quarry water intake. The risk
of contamination is especially harmful due to the fact that the proposed Westpoint development is the highest
density housing on the Eno in Durham with remarkably high impervious surfaces percentages of over 70%. This
level of development, close to a river and public water source, goes against numerous recommendations by the
City and State. Durham's City Council even voted in 2012 for this land to used for Low Density development, at
2-4 times less dense than what is currently planned. The reason for such low development density, is that
impervious surface levels this close to the Eno River will generate significant amounts of runoff and cause
downstream water pollution. The risk of runoff pollution is particularly concerning because of how the Teer
Quarry Intake will be designed. The current plan is for the Teer Quarry intake to only fill during times of high
baseflow from the Eno River and Lake Michie, which corresponds to the times of high runoff. This would mean
higher levels of pollution entering the intake from this development, in particular from the Black Meadow Creek
tributary within 1 mile of that intake.

Drinking water is always one of the highest priority items of Public Interest within a community. While the building
development regulations may not be in place yet --as this project is in a timing loophole --it is imperative the US
Army Corps of Engineers, NC Division of Water Resources, and City of Durham look at the impacts of this
aspect more closely as they relate to the 404/401 permit application. Under Section 7 of the Nationwide Permit
13, we find: "No activity may occur in the proximity of a public water supply intake, except where the activity is for
the repair or improvement of public water supply intake structures or adjacent bank stabilization." While the new
intake is not operational yet, phase one plans have started, and work will be taking place on both projects at the
same time. It is very likely the new intake will be in place during work on the Westpoint development, such that
Section 7 should apply.
Water Quality Costs:
It should be noted that it took a long time, and expenditures for the Eno to go from a low water quality level to the
A level quality rating it receives today.
Dealing with higher levels of pollutants and sediment in a water system, such as what will happen because of
this development --increases costs for filtration and purification, which, in turn, can increase public costs by up to
25%. This amounts to hundreds to thousands of dollars a week based on preliminary calculations of the Eno
River historical base -flow per day. Further analysis of the water quality impact by the development needs to be
done, and the potential costs that citizens could incur by the approval of Clean Water Act permits for this
development.
*Costs of water treatment due to diminished water quality: A case study in Texas - Dearmont, McCarol, Tolman
Public Safety Concerns about Direct Human Contact with Urban Stormwater Runoff
This category focuses on the development and 401 Certificate being contrary to Public Interest
The mouth of Warren Creek (which the developer calls "unnamed tributary") and Black Meadow Creek are the
two watershed / wetland areas that the 401 permit is applying for disturbances on. These two creeks will be the
main avenues for development site runoff. The concern with this comes from the fact that the mouths of two
tributaries are some of the highest used places on the West Point on the Eno City Park for swimming, fishing,
and recreation. In particular, the pools at the end of Black Meadow Creek are used for fishing and playing in -
especially by younger children with their families. Warren Creek on the other hand flows near Sennett's Hole
which is used by hundreds of people every summer weekend for swimming, fishing, and recreation. Diminished
water quality in these creeks would likely have human health impacts, given how active the area is visited. This
further exemplifies the strong public interest in further assessing and protecting the water quality of this critical
region.
EPA's documentation on runoff specially say the following:
Urbanization increases the variety and amount of pollutants carried into streams, rivers, and lakes. The
pollutants include: • Sediment • Oil, grease, and toxic chemicals from motor vehicles • Pesticides and nutrients
from lawns and gardens • Viruses, bacteria, and nutrients from pet waste and failing septic systems • Road salts
• Heavy metals from roof shingles, motor vehicles, and other sources • Thermal pollution from dark impervious
surfaces such as streets and rooftops These pollutants can harm fish and wildlife populations, kill native
vegetation, foul drinking water supplies, and make recreational areas unsafe and unpleasant. EPA 841-F-03-003
Incomplete, Conflicting, and/or Incorrect Information on Their Permit
This category focuses on the development and notes to their application which show the need for greater

oversight to ensure environmental compliance.
Neuse River Basin Riparian Buffer rules
The answer on the application that the development meets Neuse River Basin Riparian Buffer Rules is incorrect.
Stormwater treatment from the development consists of a series of constructed wetlands which should (when
properly designed, constructed, and maintained) comply with the Riparian Buffer Rules. However, the Roxboro
entrance road (Access #1) itself, does not have any planned stormwater control measures shown on the August
2021 site plan version 5. This error is a violation of the stormwater requirement of the Riparian Buffer rules, and
USACE in conjunction with DWR must require on -site stormwater treatment of this runoff to ensure compliance.
(No variance should be granted.)
Contaminated Soil / SCM
From the documentation turned in thus far, the proposed type of SCM would not be able to be in compliance with
code 15A NCAC 02H .1050 which is required by the Clean Water Act. The deeds to the Faith Church parcels
DB: 005976 and DP:000241 state that the groundwater contains petroleum hydrocarbons. 15A NCAC 02H .1050
specifically states that Stormwater Control Measures (SCMs) that allow stormwater to infiltrate shall not be
located "on or in areas with contaminated soils." This parcel with the petroleum hydrocarbon listed on the deed,
abuts to Black Meadow Creek, is within the 401 certification disturbance area and buffer, and requires a SCM for
the road.
Further compliance issues would arise from the Clean Water Act in regards to codes in 15A NCAC 2T and 15A
NCAC 2L, which relate to discharge compliance with contaminations of soil and groundwater. It needs to be
determined if the contamination needs remediation measures before any disturbance of this parcel is granted.
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