19991233 Ver 1_Public Comments_20000427

Haw River Assembly
P.O. Box 187 Bynum, NC 27228
[phone] hra@emji. net
Mr. Kerr Stevens, Director
NC Dept. of Environment and Natural Resources
Division of Water Quality
April 27, 2000
Comments Submitted to the Public Hearing on the Application for Water Quality
Certification for the Development of the Harris Tract/David Love Golf Community by
Bluegreen Development Co.
Thank you for the opportunity to comment on this 401 water quality permit application. The
following comments are submitted with the intent of identifying water quality concerns and
requesting support from DWQ to the public through the thorough and prudent interpretation of
both the specific provisions as well as the intent of the applicable sections of the North Carolina
Administrative Code.
The proposed conversion of this large tract of undeveloped land into a residential golf course
requires considerably more proof than what has been made available to date regarding the
expected impact on water quality before being allowed to move forward. The public deserves an
extensive, scientifically valid assessment that this project will not adversely affect water quality.
This review needs to go beyond the general issue of mitigation for stream crossings, fill, and rip
rap in jurisdictional wetlands. Doing so is warranted because of the scale and nature of the
project, classification of receiving waters, the potential of the project to impact a major regional
resource (location on steep slopes with poor soils immediately adjacent to the lake), and the
concern of setting a precedent for future land development projects in the surrounding area and
watershed. The applicant is proposing a large project, which could have substantial impact on a
wide array of water quality processes and indicators.
Listed below are questions for which we believe answers are needed before granting certification.
It is requested that responses be quantitative and technically defended where appropriate. Most
of these questions and concerns directly relate to the need for demonstration of no impact as
discussed in 15A NCAC 2H .0506(b).
Specific Water Quality Concerns
Water Quality Concern #1: Impacts on Nutrients Delivered to Jordan Lake
Jordan Lake is classified as Nutrient Sensitive Waters. The current Cape Fear River Basinwide
Water Quality draft plan (5.4.2 Jordan Reservoir) states that " Recent DWQ evaluations of water
quality, however, continue to show concerns for water quality standards. Water quality standards
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related to eutrophication are not consistently achieved. Continued growth in the drainage basin is
likely to increase runoff and increase delivery of nutrients and sediment to the reservoir." What is
the expected nutrient load increase to the reservoir as a result of this proposed development?
What will the application rates of nitrogen and phosphorus on the golf course and residential
lawns? What is the expected impact of the proposed development on the delivery of nutrients
(nitrogen and phosphorus) to Jordan Lake? How was the impact determined?
What limitations, if any, are placed on the delivery of nutrients from golf courses (existing and
proposed) in the critical area of the watershed?
Water Quality Concern #2: Impacts on habitat for aquatic life
Will the project change stream canopy?
How will the project change large woody debris (snags) and other important habitat features in
the stream?
How much sediment will be introduced into the stream, both during logging and construction, and
in the long run operation and maintenance of the project? Will stream bank erosion increase and
potentially impact downstream waters?
How will the project change the hydrology (surface and groundwater)?
Water Quality Concern #3: Use, fate, and transport of toxic chemicals
What are the potentially toxic chemicals that will be used as part of the golf course and
wastewater treatment operation, as well as residential and other uses? What rates of application
are expected? Have studies been completed regarding the fate and transport of these chemicals?
What is the risk of sediments and/or fish tissue becoming contaminated? What is the anticipated
impact of any toxins on human health and aquatic life?
Water Quality Concern #4: Cumulative Impacts
What would the cumulative impact of approval of comparable projects in the critical area and/or
in the entire watershed be on water quality? What tools does the State have available to answer
this question? Does DWQ believe available tools are sufficient for answering these questions?
Water Quality Concern #5: Downstream Impacts
Implicit in several of the above questions is the concern that the project may not only impact
streams as a result of road crossings, fill, and rip rap, but that downstream impacts may occur as a
result of changes in the hydrology and chemistry and general ecology of downstream systems.
Have on-site stormwater control measures been demonstrated to be capable of fully protecting
downstream waters?
Water Quality Concern # 6: Risks of Discharge of Untreated or Incompletely Treated
Domestic Waste
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This facility will be located in very close proximity to a major recreational and water supply
resource. What is the risk of discharge of wastes resulting in violation of water quality standards
and/or beneficial uses due to storm events, power outages, or other failures?
General Concerns
General Concern #1: Setting a Precedent for Future Projects/Development
What precedent might the issuance of approving this certification set for similar requests in the
Jordan Lake watershed?
General Concern #2: Costs to public
What are the anticipated costs, both monetary and non -monetary, to the public in terms of
beneficial use of aquatic resources? Will the number of recreational fishing/boating/swimming
days decrease? Will water treatment costs increase?
General Concern #3: Demonstration of No Practicable Alternative
Correspondence from Mr. Dorney has requested demonstration of no practicable alternative, as
required under 15A NCAC 2H .0506(b)(1). The correspondence reviewed does not demonstrate
that such a demonstration has been made.
General Concern #4: Utilization of Adaptive Management
Even in the event that all of the above questions can be addressed with the best intent and
information available, one of the lessons of history is that we can never fully predict or anticipate
the impact of our decisions. Adaptive management entails a way of approaching the uncertainty
inherent in our decisions so that we move in small incremental steps with an intention of
frequently evaluating our decisions and changing course as needed. How can this principal be
utilized in this project to minimize future risks?
If answers to the above questions are not known at this time, does DWQ require this information
before approving a water quality certification? If not, can DWQ inform the public of whether any
other regulatory processes will require answers to these questions before this project moves
forward?
We appreciate your consideration of our questions concerning this permit application, and look
forward to your reply.
Sincerely,
Elaine C. Chiosso
Executive Director

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U. S. DEPARTMENT OF AGRICULTURESOIL SURVEY FIELD SHEET
SOIL CONSERVATION SERVICE APPROX. SCALE 1" = 2000' CHATHAM COUNTY, NORTH CAROLINA
COOPERATING WITH USDASCSFORT WORTHTEXAS ADVANCE COPY - SUBJECT TO CHANGE
- -,
STATE AGRICULTURAL EXPERIMENT STATION SURVEY HAS NOT BEEN CO—EO NOR CORRELATED. NAMES
MAY BE CHANGED AND AREAS MAY BE COMBINED.
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