Jordan Lake Proposals Returned
By Jim Wise, The News & Observer, Raleigh, N.C.
Jul. 26–One state commission kicked the proposed pollution-control rules for Jordan Lake back to another state commission last week. How significant that is depends on one’s point of view.
“It wasn’t very significant. We were kind of anticipating this,” said Jason Robinson of the state water-quality division.
“What we can expect is further degradation of the lake,” said Hope Taylor, director of the nonprofit Clean Water for North Carolina.
“It’s going to be very expensive,” said John Cox of the city of Durham stormwater division.
The state Rules Review Commission sent the rules back to the Environmental Management Commission with questions about the meaning of some provisions and about the EMC’s authority to make the rules.
This week, Robinson said he was not sure just what the rules review issues were.
“They haven’t given formal comments yet,” he said. “We’re kind of waiting to see in writing … what their actual thoughts are.”
Even if the rules are revised to the review commission’s liking, the legislature is likely to get back into the act, because of numerous objections filed by municipal and county agencies, including the city of Durham.
The “water supply nutrient strategy” for Jordan Lake consists of 12 new regulations meant to alleviate the pollution that caused the entire lake to be declared “impaired” in 2005. The most impaired part of the lake is the arm extending into southern Durham County and fed by New Hope Creek.
The regulations set forth how much pollution must be reduced, and when, protection for streamside buffer zones, agriculture, stormwater runoff in new development and stormwater-control retrofits in areas already built up.
Last year, Cox estimated that compliance with the retrofit rules alone would cost Durham taxpayers $334 million, or $6,750 for every family in town. For the entire Jordan watershed, he figured the total cost to local governments at more than $2 billion. A series of “stakeholder meetings” begins in August for a similar strategy for Falls Lake.
The Environmental Management Commission approved the Jordan rules in May. The Rules Review Commission is a quasi-judicial body appointed by the speaker of the state House and president pro tem of the Senate to determine whether proposed rules are clearly written and agree with state law.
Cox, of the city stormwater division, contends the proposed rules are unclear in many areas, including how to measure the effectiveness of various pollution-reduction methods.
Jordan Lake supplies drinking water for Chatham County, southern Wake, Cary, Apex, Holly Springs and Morrisville, and, in times of drought, Durham. The General Assembly has ordered the state environmental authorities to draft regulations cleaning and protecting water quality in all public reservoirs.
Taylor, of the Clean Water nonprofit, is dismayed over the rules commission’s action. The strategy that passed the EMC was hard-won and already compromised by necessary adjustment for different demands, she said.
“Even when the lake was newer and discharges [into its tributaries] were less … we were very concerned,” she said.
“It’s only going to get worse,” said Taylor, who wrote her doctoral dissertation on Jordan Lake. “We’re in deep denial of what the consequences are.”
What happens next is unclear. Cox said he expects the EMC to make revisions and send them back for rules review. Robinson, of state water quality, is waiting on the formalities.
“We’ll go from there,” he said, “figure out what we can do.”
jim.wise@newsobserver.com or (919) 956-2408
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