20050732 Ver 01_Public Comments_20051213 (3)

_.~ TESTIMONY OF WILLIAM SOMMERS, BOARD MEMBER OF THE 1
FEARRINGTON HOMEOWNERS ASSOCIATION, AT THE PUBLIC HEARING
CALLED BY THE NC DIVISION OF WATER QUALITY REGARDING THE
APPLICATION OF BRIAR CHAPEL DEVELOPMENT FOR A WATER
QUALITY CERTIFICATION HELD ON 13 DECEMBER 2005 IN THE
DISTRICT COURT CHAMBERS,
CHATHAM COUNTY ADMINISTRATIVE BUILDING
1. Introduction & Background: My name is William Sommers, a resident of
Fearrington Village and a board member of the Fearrington Homeowners Association,
Inc. (FHA). I represent the FHA which owns an 11 acre drainage right of way and abuts
land owned by Newland Communities which is slated to be developed as part of the Briaz
Chapel Development which has received initial approval by the Chatham County Board
of Commissioners.
a. The FHA, in reference to the US Corp of Engineers PUBLIC NOTICE of June 14,
2005, submitted extended commentary concerning Briar Chapel's application to the Corp
on July 11, 2005. In addition, a parallel commentary was also submitted to the NC
Division of Water Quality on July 2, 2005. In both letters the FHA asked for public
hearings to more thoroughly review this very significant application. The US Corp of
Engineers declined to hold a public hearing but did hold an informal meeting on August
25, 2005 at which concerns and issues were discussed, though not resolved. The FHA
responded to the discussion in a letter of September 7, 2005 requesting that the UUS
Corp of Engineers attach a set of conditions to the proposed Briar Chapel permit which
reflected some, though not all, of FHA's basic concerns. A set of these documents are
attached to this statement as reference for the NC Division of Water Quality.
b. The FHA commends the NC Division of Water Quality for holding this necessary and
important public hearing and commends as well the Haw River Assembly and the
Chatham Citizens for Effective Communities (CCEC) for their part in urging the Division
to hold this hearing. We are also mindful of the support for this hearing received from
State Representative Joseph Hackney.
c. We also note that yesterday the FHA received a copy of a 15 page letter, dated
December 9, 2005, from the law firm of Kilpatrick Stockton, representing Newland
Communities aka Briar Chapel which was sent "via hand delivery"to the US Corps of
Engineers and the NC Division of Water Quality; it contains responses to issues raised in
prior commentary by the CCEC, Haw River Assembly and the FHA. This is an
important document with very substantive -and often contestable -statements made to
the US Corp of Engineers and the Division of Water Quality; it needs careful review and
thoughtful responses from the three community organizations involved.. However, the
letter is dated only four days before this hearing and was received, in the case of the
FHA yesterday -one day before the scheduled hearings! Obviously we have not had
the time to discuss this with our membership nor to work out -even in draft - a detailed
response. As you must know the three organizations represented in this hearing are
operated by volunteers who, you will not be surprised to know, have other nagging

demands on their time. Though the HAW River Assembly has an underpaid and
overworked executive director, she relies to a great extent on volunteers as well.
2
We therefore, respectfully request that our three organizations be granted sufficient
time to develop studied, individually applicable replies to the Kilpatrick Stockton
letter; we also request in the interest of balance and fairness that neither the US
Corps of Engineers nor the NC Division of Water Quality respond to the letter or
make any tentative decisions on the Briar Chapel submission until the Corp and
DWQ have received responses from the three community organizations: CCEC,
Haw River Assembly, FHA. Your cooperation in this very serious matter will be
appreciated.
2. Statement of Particulars: While all of us gathered here have some idea of the
importance of the Clean Water Act and, particularly the state of North Carolina's charge
under the certification requirements of Section 401, it might be well to restate as clearly
as possible the values involved. The Clean Water Act gives the State of North Carolina
the authority to veto or place conditions on federally permitted activities that may result
in water pollution. Citizens can use this "401 water quality certification process" to
protect and restore water quality around and downstream from federally permitted
discharges and activities, e.g. the construction of the Briar Chapel residential &
commercial development. Specifically, Section 401 requires that any applicant for a
federal permit or license that may result in a discharge to waters of the United States must
first obtain certification from the State of North Carolina. If the State of North Carolina
finds that the discharge will violate state water quality standards, it may reject the permit
or license; it may also issue a certification containing particular standards and conditions
that will eliminate or mitigate any potential threats to the water quality in the area where
the federal permit will be implemented.
Under this 401 umbrella, we turn now to summarize the problems and concerns of the
Fearrington Homeowners Association with the Briar Chapel application.
a.) Fearrington Village has already felt the effect of haphazard, unregulated storm
. water run off, particularly in the area of the Village which abuts Briar Chapel's sixty acre
tract slated for future commercial space and office buildings. Here both Beaver Creek
and Beaver Pond and the immediate area have been nearly destroyed by uncontrolled
run-off from the 15/501 highway construction and by under-designed storm water
protection by the developer, a design that was apparently approved originally by the
Division of Water Quality (DWQ). Water quality in this area is at a very low level.
Moreover, the topographic location of the both the 60 acre tract referred to above and the
additional 40 acres on the western edge of 15/501 which runs nearly parallel with the 60
acres - 100 acres in total - is such that run-off from the full 100 acres travels down hill
into the Fearrington tract where considerable damage is already evident as noted. Briar
Chapel, of course, owns all 100 acres.
b.) While the Briar Chapel impact assessment contained in its application to the US
Corps of Engineers identifies only one culvert crossing, Impact L, in relation to the
proposed commercial and office construction, it does nothing to mitigate two other
draining courses which upon leaving the site flow into the FHA owned drainage
easements in the Creekwood Area.

3
c.) Briar Chapel did present rough schematics of its proposed development of the 100
acres. However, Fearrington residents, particularly the abuttors, including the FHA, do
not have a clear idea on how this area will be developed and how the developer will
manage the increased run-off during construction and in its complete state. With such
paucity of information provided by Briar Chapel, and without any discussion of their
right of drainage entry, will obviously increase water flow, the FHA -and the residents
of this area -can only conclude that their properties and their already damaged drainage
streams and ponds will be in the path of greater risk. Herein water quality concerns are
heightened and threatened at the same time.
d.) A parallel concern centers on Briar Chapel's plan to spray treated effluent in the
proposed 200 feet buffer area that is to surround the 60 acre site when it is fully
developed. This plan has never been presented to the residents nor have they had a
chance to comment on the proposal until this hearing. Yet Chatham County's Compact
• Development Ordinance does not allow such spraying in riparian areas. Considering
the perennially stream(s) associated with this area as they flow into Beaver Creek, Beaver
Pond and eventually Bush Creek, we believe the Compact Development Ordinance
applies. We also call your attention to the presentation of spray imgation problems
provided by our neighbor and colleague, Dr. Francis DiGiano who has been with the
UNC Department of Environmental Sciences & Engineering for the last 25 years. We
quote from one excerpt taken from his statement:
"Spray irrigation with or without golf courses may have been
acceptable in the past for isolated developments in rural settings.
However, the number of these developments is increasing very
rapidly in Chatham county and elsewhere. The character of the
land is changing from rural to urban. Treatment by natural
systems cannot be relied upon when population densities increase
and there is too little land to serve as a buffer. We should be
concerned about continued permitting of spray irrigation
systems for every development not only given the poor
• draining soils, but also uncertainties in establishing an
accurate water balance to design storage facilities, relatively
low treatment technology and relatively little oversight of the
entire treatment and disposal process." (emphasis supplied by
wsommers)
Moreover, we understand that the Division of Water Quality may have authorized such
Briar Chapel to use spray irrigation in such close proximity to a settled residential
community -and did so without notification to the affected residents and without
receiving their input prior to giving such authorization. If this is the case the FHA and
the affected residents are both disheartened and upset over such action, particularly in the
light of Dr. DiGiano's statement quoted above.
3. Recommendations: Having summarized our concerns about the potentially negative
effect Briar Chapel's proposed development of the 100 acres will have on Fearrington
Residents which are clearly related to requirements of Section 401 to the US Clean
Water Act, including the spray irrigation, we respectfully request that the Division of

4
Water Quality in considering the issuance of a Water Quality Certification to Briar
Chapel incorporate in such issuance, the following conditions:
a. That no development will take place on any part of the 100 acres, referred to in
a-c above until Briar Chapel's proposed plans have been discussed with the
Fearrington Homeowners Association and current erosion and run-off issues are
satisfactorily resolved prior to construction;
b. That during construction of these areas the FHA will receive quarterly monitoring
reports regarding the construction run off, based on an initial base line assessment
of area conditions to be drawn up by the Fearrington Homeowners Association,
with assistance from the Chatham County Soil Erosion Officer; the resultant base
line determination will be presented to both the developer and DWQ prior to
construction start up;
. c. That DWQ not allow Briar Chapel to spray treated wastewater onto any proposed
peripheral buffer zone, especially those abutting Fearrington residents so that
the physical environmental as well as resident's health will not be threatened by
such action. This requirement will also mitigate potential flooding caused by
increased water flow from the combination of storm water run-off, sprayed
effluent and the effects of increased soil saturation; it will also eliminate problems
with odor and with the negative results of heavy wind action during spraying
intervals.
d. That Briar Chapel's field staff meet quarterly with representatives of the
Fearrington Homeowners Association, the Chatham Citizens for Effective
Communities, the Haw River Assembly, the Chatham County Soil Erosion
Officer, the Chatham County Planning Office representative and the DWQ to
provide interchange and problem-solving opportunities that will benefit all the
participants, including Briar Chapel developers.
4. General Commentary: We also support the proposals by both the Haw River
Assembly and the Chatham Citizens for Effective Communities as they address the larger
issues that affect other areas outside of the immeidate Fearrington area. We do so
because this whole watershed, including the stream flow of Bush Creek and others in our
immediate vicinity, is in delicate balance regarding water quality which, in turn, puts the
impaired Jordan Lake, at increased risk to continue as a main source of potable water for
our area and to provide an environmentally protected area for fish, wildlife and
recreational facilities.
William Sommers
December 13, 2005

The Fearrington
Homeowners
Association
September 7, 2005
Mr. Todd Tugwell
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
PO Box 1890
Wilmington District
Wilmington, North Carolina 28402-1890
Dear Todd:
My thanks for setting up the Briar Chapel meeting on August 25 at the DWQ
Conference Room. I appreciated the opportunity to discuss these issues directly
and to put forth our concerns in person. I commend you on your
patience in letting everyone contribute and in giving understandable and helpful
answers. While we may not agree with all the responses received, we did at least
have a forum to express our views.
Fearrington Village's particular concerns on the storm drainage and potential runoff
that will occur once Briar Chapel develops the tract on the east side of IS-SOI are
still much in our minds. Briar Chapel indicated that they would discuss
the development of the site with representatives of Fearrington Village when they
• began their plans for the area. I don't doubt their sincerity in making this verbal
commitment. However, times change, people who were once involved may be shifted
or have gone onto other work. Verbal commitments are not always preserved nor
available, particularly when future needs may become critical.
To that end, I would like to propose that when the Corps of Engineers issues its work
permit to Briar Chapel, the Corps will see fit to include the following condition
"It is a condition of this permit that in the development of that phase of its construction
which include the 60 acres on the east side of US Rt. 15-501 which abuts property
owners in Fearrington Village that Briar Chapel management and engineering staff meet
with the Fearrington Home Owners Association to discuss the storm water and non-point
source drainage of the 60 acres before undertaking any construction activity on that piece
of property.'I`his discussion should also include the proposal of Briar Chapel to use the
proposed buffer zone as an area to re-water with treated effluent from its waste water
plant."
BOX 26, FEARRINGTON POST, PITTSBORO~ NC 27312

Fearrington Village residents are still concerned regarding Briar Chapel's
overall development, especially in the still rather substantial number of stream crossings
and environmental disruptions. We urge the Corps together with the DWQ to reduce
these crossings as much as possible, relying more on bridge crossing where feasible.
We would appreciate your careful consideration of this request and would be pleased to
discuss it with you at your convenience,
Agai our thanks for your assistance in putting together the August 25"' meeting.
Si cer y,
• '
Wil 'am Sommers
Boar 7Vlember,
Fearrington Home Owners Association.
919-~4~1-239`
bsomiY~ersC~earthfir~k.net
cc: Mitch Barron, Newland Communities
Debbie Edwards, DWQ

•
July 11, 2005
The Fearrington
Homeowners
Association
US Corps of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleight, NC 27615
•
Attention: Todd Tugwell
From: William S
Association ,
Member & County Liaison, Fearrington Homeowners
Subject: Comments Regarding Newland Communities Application for Work Within
Jurisdictional Waters of the United States based on Section 404 of the Clean Water Act
As set out in the, Corps' Public Notice of June 14, 2005, Action ID # 200121252
• This is to request that before actin on the a lication of Newland Communities Briar
g PP (
Chapel) for the Corps' work permit, that the US Corps of Engineers consider the
following comments of the Fearrington Homeowners Association. (FHA). These
comments have also been approved and agreed to individually by a) residents of the
FHA who have received the Corps' Public Notice. and b) residents who are interested and`
believe will be generally affected by the Corps' action on the noted application. The
names, addresses and signatures of these residents are attached to these comments.
• We would like to preface our comments by a background statement.
Background: Fearrington Village, represented by the Feamngton Homeowners
Association, is a residential community located on the eastern side of US Route 15/501
and is almost directly opposite the proposed Briar Chapel Development. The Village
numbers approximately 1,000 residences with a population of 1,900. It is expected that
when construction is completed there will be over 1,750 units with about 3,000 residents
in an area of some 1300 acres.
Newland Communities, in their hearings before the Chatham County Board of
Commissioners, indicated that while the bulk of their construction will be on the western
side of US 15/501, 60 acres of land on the east side of US 15/501 is to be developed as
office and. commercial units. Much of this land abuts residential plots in Fearrington
• Village. Moreover, the topography of this land as well as portions of land on the west
BOX 26, FEARRINGTON POST, PITTSBORO, NC 27312

2
side of US 15/501 owned by Newland Communities induces water run-off that ends up in
• Beaver Creek-Beaver Pond wetland area within Feartington Village and eventually
makes it way into Bush Creek which, in turn, flows directly into Jordan Lake.
The land encompassing Beaver Creek and Beaver Pond is owned by the Fearrington
Homeowners Association with certain general easements retained by Fitch Creations, Inc. the
developer of Fearrington Village. This 13 acre area has served as a well managed wet land
area with a variety of trees as well as an abundance of small fish and other aquatic life.
However, in the last three years this area has been heavily degraded because of the
sediment run off -and extensive siltation -due to the construction, in close proximity,
of four new lanes of US15/501. This once environmentally attractive wetland area has
been all but destroyed and Beaver pond is now nearly full of the resultant sediment. The
once thriving aquatic life has been all but eliminated. The FHA after carefully surveying
S the current situation has filed a tort claim against the NC Department of Transportation
for assistance in restoring this 13 acre wetland.
We make this appeal, including the comments below, consistent with the USEPA
overview definition of Section 404 of the Clean Water Act as a "...a program to regulate
the discharge of dredged and fill material into waters of the United States, including
wetlands."
Comments:
• 1. If Newland Communities is iven rmission to roceed '
g Pe p with its construction
without a specific remediation plan approved by the Corps of Engineers,
the wetland area built up around Beaver Creek and Beaver Pond will be subjected
to even greater stress than that which caused the degradation described above.
There will be additional run off during construction carrying sediment from
dredged and fill material as well as continuous run off from storm drains, pavement
and well packed lawns. Even if the FHA is able to restore the wetland as a result of
• its tort claim against DOT, the aggravated conditions will return because of the
expected runoff from Briar Chapel's construction as well as the increased runoff
from paved and tightly packed lawn areas.
Briar Chapel construction in this area will result in the "discharge of fill material"
as defined in 33 CFR Part 323.2 (f). This is applicable because when run-off
conditions prevail during construction, water flow carrying fill material will follow
a relatively steep slope beginning with contour 495 and eventually end up in Bush
Creek via Beaver Creek and Beaver Pond at contour 355 . Brash Creek, of coarse,
flows directly to Jordan Lake. The former is considered to be part of the "waters of
the United States" per 33 CFR Part 328.3.
2. Moreover, the Corps of Engineers Public Notice explains that the Briar Chapel
development is "located west of US Highway 15-501" and does not, in so far we can
• determine, take notice of the environmental impact on that portion of the Briar

3
Chapel development area east of US 15/501, consisting of some 60 acres bordering
Phase I residential units of Fearrington Village. The Public Notice does contain
Section L which, however, adds nothing to our understanding of how the run-off of
fill material will be mitigated. This omission only heightens the potential danger
which Briar Chapel development poses for Fearrington Village residences who both
border the proposed BC development and are, at the same time, directly connected
to the Beaver Creek/Beaver Pond wetland. This, of course, would be in direct
contradiction of the USEPA's summary overview on Section 404 which notes that
"Section 404 of the Clean Water Act establishes a program to regulate the discharge
of dredged and fill material into the waters of the United States, including
wetlands." (See USEPA website paper, "Section 404 of the Clean Water Act: An
Overview.")
3. We understand that consideration of the specifics of Briar Chapel's storm water
• containment and those ofnon-discharge sewer systems is not a concern, per se, of
the Corps of Engineers within the contents of Section 404. However, it should be
noted that the implementation of utility infrastructure will result, ipso facto, in a
significant discharge of fill material (33 CFR Part 323.2 (L) and some dredged
material (33 CFR Part 323.2 (C). In view of this, we recommend that the Corps of
Engineers request from Newland Communities a generalized schematic of their
proposed utility infrastructure -water, waste water and storm water - in order that
the full impact of Briar Chapel construction can be evaluated within the Section 404
context. This recommendation is supported by 33 CFR Part 323.2 (d)(Zi) which
• notes in part that "The Corps and EPA regard the use of mechanized earth-moving
equipment to conduct land clearing, ditching, channelizaton, in-stream mining or
other earth-moving activity in the United States as resulting in the discharge of
dredged material..."
4. We would like, as well, to bring to your attention a number of other specific
elements in the Briar Chapel proposal that raise concerns for the whole of this
development and may negatively impact the general area covered by their
proposals, including Fearrington Village. These are listed as subheadings a-d
below.
a. As we read the Briar Chapel proposal now before the Corp of Engineers, the
developer will construct 16 stream channel or wetland road crossings, resulting in
fill, culvet or rip-rap of 1,645 linear feet (over one quarter of a mile) of stream
channel, including 1,379 linear feet of perennial stream. In addition to stream
impacts, 1.2 acres of wetlands will be filled for roads, building pads and other
infrastructure. As you are aware stream and wetland impacts must be avoided as
much as possible when considering non-water dependent activities, e.g. roads and
building lots. However, we believe the developer has not taken into account
alternative sites within the development by which these potentially adverse affects
could be mitigated without serious impact on the environment. A detailed scrutiny
of the development by the Corps will, we are certain, show that many such sites
• already exist within the proposed development.

4
b. We also note that the developer has proposed to bridge only one stream crossing
while the remaining fifteen proposed stream crossings will likely destroy stream
channels and wetland. We believe that such losses are avoidable and should not be
allowed. Moreover, we also question whether the developer has actually
demonstrated the required minimization of stream and wetlands impact. As yon
must realize, sixteen stream and wetland crossings are an excessive number of
crossings for a development of this size.
c. However, if the applicant insists on these stream crossings then we would
encourage the US Corps of Engineers to carefully evaluate the impact of the entire
development. Based on Section 404 requirements, the Corps should prepare, or
have prepared, an Environmental Impact Statement on these proposals before any
other action is taken. We also suggest that since this issue has already been
litigated, the Corps might review the results of case No. 02-16156 (9 Cir 2005):
• Sonoran v Flowers, as to its applicability to the Briar Chapel proposal.
d. Briar Chapel has proposed compensatory compensation via stream restoration at
the Harpers Crossroads mitigation site as well as payments to the NC Ecosystem
Enhancement Program. But we believe these impacts are avoidable, that practical
alternatives exist and, further, that the proposed mitigation will not offset the
substantial negative impacts on streams and wetlands in the affected sub-
watersheds. Moreover, we understand that the EEP program is having great
difficulty in locating usable mitigation sites in this area. Thus we recommend that
• the Corps of Engineers encourage the applicant to propose other alternatives that
would eliminate - or drastically reduce -these impacts, eliminating as well the need
for compensatory mitigation.
5. We are also concerned that in consideration of the physical extent and the
pervasive environmental, ecological influence that Briar Chapel will have on
Fearrington and surrounding communities, there has been little chance to carefully
review the material submitted to the Corps of Engineers in the very short time
• frame allotted. Moreover, during the public review process accorded Newland.
Communities before the County Commissioners, the detailed presentation
regarding waste and storm water mitigation were not forthcoming because these
were to be addressed at the State and Federal level. Yet for many of us these most
vital elements are still, in their detail, largely unknown or unavailable.
5. Based on these comments -and consistent with 33 CFR PART 327 -Public
Hearings, we strongly -and respectfully -urge that in considering Briar Chapel's
application for a certificate under Section 404 of the Clean Water Act the Corps of
Engineers hold a public hearing in order to apprise the public more fully on what is
being considered and to exhibit and explain the details of Briar Chapel's plans to
offset the proposed unnecessary and unacceptable mitigation as discuss in our
previous comments. The public hearing should also include a careful exposition of
Briar Chapel's approved approach to all issues raised in these comments. In
• addition, other affected organizations, e.g. Haw River Association, Chatham

5
Citizens for Effective Communities, both of whom represent a considerable
i membership of interested citizens who are affected by actions contemplated in the
Corps' Public Notice. These organizations have also requested a public hearing.
Such a public hearing will also give the Corps of Engineers an important
opportututy to define their role in these procedures and to discuss the detailed
application of Section 404 with interested members of the public who, unclear of
the work of the Corps in the implementation of Section 404, are, nevertheless, the
people who have to live with the results.
We appreciate the fact that 33CFR Part 327.4 (b), in setting out the detail for public
hearings notes that "...any person may request, in writing, within the comment
period specified in the public notice...that a public hearing be held to consider the
material matters at issue in the Permit application...Upon receipt of any such
request, stating with particularity the reasons for holding a public hearing, the
district engineer may expeditiously attempt to resolve the issues informally.
Otherwise, he shall promptly set a time and place for the public hearing..."
To this end we have attached to this Memorandum of Comment a list of Fearrington
residents who are vitally interested in the resultant application of Section 404 by the
Corps of Engineers and who join with the Fearrington Home Owners' association in
respectfully requesting a public hearing.
•
•
•

FEARRINGTON HOMEOWNERS ASSOCIATION (FHA)
F`EARRINGTON VILLAGE
26 FEARRINGTON POST
PITTSBORO, NC 27312
July 2, 2005
North Carolina Division of Water Quality (NCDWQ)
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Ms. Cyndi Karoly
• From: William Sommers, Board Member & Count Liaiso
y n, Fearnngton Homeowners
Association
Subject: Comments Regarding Newland Communities Application for Certification
under Section 401 Clean Water Act As Referred to in the PUBLIC N©TICE, June 14,
2005 issued by the US Army Corps of Engineers, Wilmington District
This is to request that before acting on the application for 401 Certification as requested
by Newland Communities (Brair Chapel Development) you consider the following
comments of the Fearnngton Homeowners Association. We would like to preface these
remarks with a short background.
Background: Fearnngton Village, represented by the Fearnngton Homeowners
Association, is a residential community loc~le~ ~~ the eastern side of US Route 15!501
and is almost directly opposite the proposed Briar Chapel Development. The Village
numbers approximately 1,000 residences with a population of 1,900. It is expected that
when construction is completed there will be over 1,750 units with about 3,000 residents
in an area of some 1300 acres.
Newland Communities, in their hearings before the Chatham County Board of
Commissioners, indicated that while the bulk of their construction will be on the western
side of US 15/501., 75 acres of land on the east side of US 15/501 is to be developed as
office and commercial units. Much of this land abuts residential plots in Fearnngton
Village. Moreover, the topography of this land as well as portions of land on the west
side of US IS/SOi owned by Newland Communities induces water runoff that ends up in
Beaver Creek, Beaver Pond wetland area within Fearnngton Village and eventually
makes it way into Bush Creek which, in turn, flows directly into Jordan Lake.
The land encompassing Beaver Creek and Beaver Pond is owned by the Fearnngton
Homeowners Association with eertain general easements retained by the Fearnngton

2
Village developer, Fitch Creations, Inc. This 13 acre area has served as a well managed
wet land area with a variety of trees as well as an abundance of small fish and other
aquatic life.
However, in the last three years this area has been heavily degraded because of the
sediment run off -and extensive siltation -due to the construction of four new lanes of
US 151501. This once environmentally attractive wetland area has been all but destroyed
and the collection pond is now nearly full of the resultant sediment. The once thriving
aquatic life has been all but eliminated. The FHA after carefully surveying the current
situation has filed a tort claim against the NC Department of Transportation for assistance
in restoring this 13 acre wetland.
Comments:
• 1. If Newland Communities is given permission to proceed with its construction,
the wetland area built up around Beaver Creek and Beaver Pond will be subjected
to even greater stress than that which caused the degredation described above.
There will 6e additional run off during construction and continued run off from
storm drains, pavement and sodded lawns. Even if the FHA is able to restore the
wetland as a result of its tort claim against DOT, the aggravated conditions will
return because of the expected runoff from Briar Chapel's construction as well as
the increased runoff from paved and landscaped surfaces.
~~_ 2. Moreover, the Corps of Engineers Public Notice explains that the Briar Chapel
development is "located west of US Highway 15-501" and does not, in so far we can
determine, take notice of the environmental impact on that portion of the Briar
Chapel development area east of US 15/501. This omission only heightens the
potential danger which Briar Chapel development poses for Fearrington Village
residences who both border the proposed BC development and are, at the same
time, directly connected to the Beaver Creek/Beaver Pond wetland.
. 3. We would point out that this wetland eventually flows into Bush Creek which, in
turn, collects two other small streams, and then discharges into Jordan Lake. Just
below Beaver Pond Fearrington Utilities, operating under permits from the Utilities
Commission and the DWQ, dumps its treated effluent into Bush Creek as well. The
potential of this situation is, we believe, in direct contradiction to the DWQ's
proposals regarding Jordan Lake (B. Everett Jordan Reservoir, Nutrient
Management Strategy & Total Maximum Daily Load, Public Review Draft, April,
2005).
4. We had expected that when Newland Communities made their presentation to
the Corps they would have also had to present a reliable schematic on a complete
storm drainage system to contain -and store/dispose -the estimated runoff volume.
However, this overall system is not apparent in the material which was distributed
by the Corps of Engineers, either by map or by reference. We question whether it is
prudent to give certification to this development without having a reliable schematic

3
for a complete storm drain system. If, in fact, such a schematic has been presented
to both the Corp and the DWQ, then we believe it should be available for public
review.
5. We are also concerned that in consideration of the physical extent and the
pervasive environmental, ecological influence that Briar Chapel will have on the
surrounding communities, there has been little chance to carefully review the
material submitted in the very short time frame allotted. Moreover, during the
public review process accorded Newland Communites before the County
Commissioners, the detailed presentation regarding waste water and storm water
were not forthcoming because these were to be addressed at the State and Federal
level. Yet for many of us these most vital elements are still, in their detail, largely
unknown or unavailable.
b. In view of the comments given in 1-5 we strongly -and respectfully -urge that in
considering Briar Chapel's application for a certificate under Section 401 of the
Clean Water Act the NC Division of Water Quality hold a public hearing in order to
apprise the public on what is being considered and to show the details of Briar
Chapel's plans to offset potential environmental and ecological problems posed by
the proposed development .