HomeMy WebLinkAboutCFE 121100 Orange County
Environment and Resource Conservation Department
P . O . Pox 8181
Hillsborough, NC 27278
Phoned (919) 245 AI? 597
Alf A
ErI ccrawford « �co . orange tic . US k� � 1
1 .
Memorandum
DEC - r
To : Commission for the Environment
From : Julie Tucker , Chair
r
Date : December 1 , 2000
Re : December 11 Meeting Agenda
Please find attached the agenda and materials for the next meeting of
the Commission for the Environment , which is scheduled for :
Monday, December 11 , 2000
7 : 30 p . m .
Southern Human Services Center
2505 Homestead Road
Chapel Hill , NC
At this meeting we will discuss the recent Timber Management
Session , begin our review of the Shaping Orange County 's Future
report , develop items for the February State of the Environment
progress report , and receive updates on several items of interest .
If you have questions , or will be unable to attend , please contact Carol
Crawford Melton ( 245 - 2597 , ccrawford@co . orange . nc . us ) by the Friday
before the meeting . I look forward to seeing you on the 11th
AGENDA
Orange County
Commission for the Environment
Monday, December 11 , 2000
7 : 30 p . m .
Southern Human Services Center
2505 Homestead Road , Chapel Hill , NC
Page #
7 : 30 I . Call to Order
7 : 30 II . Additions or Changes to Agenda
7 : 32 2 III . Approval of Minutes ( November 13 )
7 : 35 8 IV . Follow - up - Timber Management Session
Discussion of the November 28 Timber Management
Information Session , review of the Forest Service
contract/ Memorandum of Understanding , and discussion of
next steps for a follow- up session in the spring .
8 : 00 Separate V. Shaping Orange County 's Future
Attachment On November 21 , the Board of Commissioners referred the
SOCF report to a number of advisory boards, including the CFE .
All comments from advisory boards are due by February 28 ,
2001 . The Commission may wish to consider asking
committees to review and comment on pertinent sections,
before discussing formal comments in January and February .
8 : 15 VI . Meeting - Durham Environmental Board
Proposed meeting with the Durham Environmental Affairs
Board . Agenda ideas for a joint meeting in January are needed .
8 : 30 14 VII . Updates
Little River Park Advisory Committee
• Inter- Governmental Parks Work Group
• American Stone Quarry Special Use Permit
• AFLEV report / MSERG grant submittal
8 : 45 VIII . Agenda Items for Next Meeting (January 8 )
Shaping Orange County 's Future , 2001 State of the
Environment " Progress Report", Landfill Landscpae Plan , Forest
Resource Management follow- up .
8 : 50 IX . Committee Breakout Sessions
. SOCF report, 2001 SoE Progress Report .
9 : 30 X . Adjournment
2
ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
DRAFT Summary of Meeting November 13 , 2000
Held at Orange County Southern Human Services Center,
Chapel Hill , NC
Members Present : Roy Fortmann , Dan Okun , Mark Smith , Lee Rafalow , Loraine
Kohorn , Julie Tucker .
Excused Absences : Hervey McIver , Laura Cotterman , Annette Jurgelski , Cara
Crisler , Richard Pratt .
Guests : Chris Wachholz
Staff Present : David Stancil , ERCD Director , Rich Shaw , Land Conservation
Manager, Carol Crawford , ERCD Administrative Assistant .
I . Call to Order .
Fortmann called the meeting to order at 72. 40 p . m .
II . Additions or Changes to Agenda .
Stancil reported that Bill Glaze has resigned from the CfE .
III . Approval of Minutes ( October 9 , 2000 ) .
MOTION : Okun made motion to approve the October 9 , 2000 minutes with
corrections as submitted by Kohorn . Seconded by Smith .
VOTE : Unanimous .
IV . Election of Chair and Vice - Chair
Fortmann opened the floor for nominations for the new Chair . Kohorn
nominated Tucker for Chair . There were no further nominations ; Fortmann
closed the floor for nominations .
MOTION : Kohorn made motion for Tucker as Chair . Seconded by Rafalow .
VOTE : Unanimous
Fortmann opened the floor for nominations for the Vice - Chair . Rafalow
nominated Fortmann . Fortmann asked for other nominations . As there were
no other nominations , Fortmann closed the floor for Vice - Chair nominations .
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MOTION : Rafalow made motion for Fortmann as Vice - Chair . Seconded by
Tucker .
VOTE : unanimous
V . Lands Legacy Action Plan 2001 - 2002
Stancil reminded CfE members that the Lands Legacy Action Plan is being
prepared for 2000 - 01 with input from different advisory boards . In October ,
this matter was referred to the Biological Resources Committee ( BRC ) for
their consideration and recommendations on natural areas and wildlife habitat
to be pursued for protection in the upcoming fiscal year July 2001 -June 2002 .
Kohorn gave a report on the BRC 's recommendations . She presented a
memo with a list of recommended locations , noting that some projects would
be a continuation of actions from the current fiscal year . The following
projects were recommended by the BRC ( in no particular order ) :
( 1 ) The Seven Mile Creek area . Continue working to preserve natural heritage
sites in this biologically significant area - - one of the largest undeveloped areas of the
county, containing rich bottomlands , wildlife habitat, and regionally - rare plant
species . Protecting this area could help in connecting protected lands between the
Eno River and New Hope Creek watersheds .
( 2 ) Southern Shagbark Hickory Forest adjacent to Mason Farm Biological
Reserve . Continue working with NC Botanical Garden and the TLC to preserve this
natural heritage site - - an area of State significance located adjacent to an already
protected area . Owners are interested in possible sale or land swap .
( 3 ) Large tracts along the Little River corridor . Work with TLC and ERA on further
protection of lands along the Little River . While protection along the North Fork
Little River should take precedent, in light of the new Little River Regional Park,
opportunities along the South Fork should also be given consideration .
( 4) Pickards Mountain . Work with TLC and others on protection ( acquisitions or
conservation easement) of 50 acres within Pickards Mountain Natural Heritage site
that are surrounded by lands protected by conservation easement .
( 5 ) Lands adjacent to Eno River State Park ( ERSP ) . Cooperate with ERSP and
Eno River Association on land acquisition and conservation easements to assist in
improving buffer areas around the state park .
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Z
( 6 ) Upper Eno River Watershed critical areas . Cooperate with the Eno River
Association on land acquisition and conservation easements in critical areas in the
Upper Eno watershed . Using data generated by Dobyns & Suggs ( CWMTF grant) ,
work collaboratively on protecting high priority tracts .
( 7 ) Upper New Hope Creek . Cooperate with TLC and New Hope Creek Corridor
Advisory Committee ( NHCCAC) on land acquisition , conservation easements ( and
land management) in the Upper New Hope Creek watershed . The recent 10 -year
report from the NHCCAC calls for increased riparian protection efforts along the
upper reaches of New Hope Creek ( upstream of the Johnston Mill Preserve ) . Also ,
the TLC report, Rating Land in Orange County for its Wildlife Value ( 1999 ) , identified
this area as containing some substantial areas of less fragmented hardwood forest .
The CfE 's State of the .Environment Report 2000 , also identifies the headwaters of
New Hope Creek and central County uplands , as priorities for protection .
Kohorn noted that more generally , the BRC feels that all opportunities for
protection of riparian habitats throughout the county should be seriously
considered , for both biological protection , as well as for improvement of
water quality . Conservation opportunities outside of the above
recommendations should not be excluded from consideration .
The CfE discussed the above recommendations in regard to what locations
would be considered short - term versus long - term projects .
MOTION : Kohorn made motioned to approve the recommendations as
stated for compilation with other advisory boards recommendations for
submittal to the BOCC . Seconded by Okun .
VOTE : Unanimous .
VI . Draft AFLEV Report
Stancil reported on the draft report on alternative vehicle options from the
Alternative Fuel and Low Emission Vehicles ( AFLEV ) Work Group . He noted
that the work group was following up on resolutions adopted by BOCC in
1999 . Those resolutions directed staff to begin an Ozone Air Quality Action
Plan , to investigate low emission and fuel - efficient vehicles , and to examine
the purchase of alternative fuel vehicles (AFVs ) as an option for county fleet
emissions reduction . The AFLEV Work Group was established to lead the
investigation of these latter issues and to propose an action plan , which
includes the potential purchase of a number of AFVs .
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The report summarizes the findings of the work group and offers a proposed
action plan for the group and for Orange County . The group developed the
following set of goals :
Short- term : Research the advantages and disadvantages of the various
alternative fuel vehicle options . Use that information to apply for a state
Division of Air Quality Mobile Source Emissions Reduction Grant that would
cover some of the costs associated with purchasing multiple AFVs during
fiscal year 2001 .
Intermediate Term : Explore the possibility of acquiring an alternative fuel
bus , continue replacing gasoline vehicles with AFVs as appropriate , develop
the educational component of the county 's AFV program , and coordinate with
other local bodies through the newly formed Triangle J Clean Cities Program .
Long - term : Minimize emissions from the county 's vehicle fleet and maximize
the fleets fuel efficiency .
Stancil said the goals are consistent with the series of air quality resolutions
passed by the BOCC over the last year and a half and with the provisional
goals still being finalized by the Shaping Orange County "s Future Task Force .
The work group 's goal is to acquire vehicles through the mobile source
reduction grant program due December 31 to the NC Division of Air Quality
( NCDAC ) , primarily for cost differential between the normal purchase price of
several vehicles that would be replaced and an alternative fueled vehicle .
The County might consider purchasing 5 or 6 compressed natural gas
vehicles and one or two electric vehicles . NCDAC prefers dedicated vehicles
instead of bi -fueled vehicles .
The second part of the report addresses infrastructure , and is a current goal
of the mobile source reduction program . The report recommends asking for
assistance in constructing a natural gas fueling station and electrical
recharging area at the Public Works facility in Hillsborough . Also , training for
mechanics that would service the vehicles . Stancil thanked the work group
for the excellent work and will report back after the BOCC receives the report .
VII . Updates
Stancil reported on that the final report on Sustainability has been received
and will be presented to the BOCC . The BOCC is expected to refer the report
to the CfE for its review and recommendations on ways to incorporate
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sustainability into county government . Stancil also expects the report will be
referred to the EDC to consider indicators that are more economic in nature .
This most likely will be on the CfE 's January agenda . CfE members requested
that the report be shared with them electronically .
Stancil noted that on page 24 of the agenda packet was a quarterly public
hearing announcement that included American Stone Quarry's request for
a special use permit and zoning reclassification . Because the land use plan
amendment was already passed , these are the next steps in the process .
Stancil noted that special use permits allow the board to place conditions on
proposed activities . In June of 2000 , the CfE made a request to the BOCC
that there be a full biological evaluation of the site . Stancil said the Planning
staff has recommended such an evaluation and he understands that it is to
be completed in time for final action next year .
Stancil then updated the CfE on the upcoming Timber Harvest
Information Session ( November 28 , 2000 ) . He noted that a planning
meeting was held and gave brief synopsis . Stancil said that he would serve
as moderator unless someone from the CfE was interested in doing so .
The timber harvest meetings will be organized in two parts - - one now and
one next spring . The focus of the first meeting is to have everyone in the
same room learning together about timber management and harvesting ,
what it is , who does it, why they do it , what alternatives exist, the range of
management options , all with a goal of increasing our common
understanding . The spring session would be to consider policy implications - -
what are the issues and concerns that need to be addressed .
Stancil gave an overview of what information would be presented by the six
panelists along with their views on the most critical issues in timber
management and harvesting today . Judd Edeburn will discuss a range of
different forest management options . Rick Hamilton will discuss landowner
assistance programs from the Cooperative Extensive Service . Fred Cubbage
will talk about what was learned from the recent chip mill study , including
data on conversion of hardwood forests to pine . Barny Barnard will discuss
the role of private forestry consultants . Jim Ellis will talk about forest
management plans , enforcement and monitoring . Finally , Rich Ducker will
comment on the authority of local and state government with respect to
timber harvesting . The February meeting will focus more on policy concerns .
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Fortmann asked the status of the CfE 's Water Committee . Stancil reported
that Orange County Water Resources Committee is awaiting the completion
of the USGS groundwater resources report, which is anticipated will go to the
BOCC in February . At that time , the committee will be incorporated into the
CfE along with the challenge of taking the groundwater report to the next
level .
VIII . County Commissioners ' Annual Planning Retreat
Stancil said the BOCC 's annual planning retreat will be held on December 9th
The BOCC has asked that each advisory board communicate the top one or
two priorities of the board for the next fiscal year beginning July 1 , 2001 .
Stancil asked the CfE to communicate concerns via e - mail as this information
is requested by November 27t"
Okun stated a concern about the need to consider merging all water supply
operations in the county , including OWASA, Town of Hillsborough and
Orange -Alamance Water System . Rafalow cautioned members of that
possibility , noting that there are a number of problems and potential
problems with the water service in the northern parts of the county . Stancil
offered to draft a list of priorities , including Okun 's suggestion , for CfE review
and comment via e - mail .
Stancil also asked CfE members to comment via email on their ideas for
preparing a State of the Environment progress report .
Rafalow noted a change of email address to " lrafalow@mindspring . com " .
VIII . Agenda Items for Next Meeting ( 12 / 11 )
a . State of the Environment progress report
b . Shaping Orange County Future Task Force recommendations
c . Sustainability Report
d . January meeting with Durham Environmental Affairs Board
e . Review a report on the Upper Eno Watershed by Piedmont Planning
Associates
IX . Committee Breakout Sessions
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The Commission adjourned and Committees formed for a brief breakout
session .
X. Adjournment
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3
Richard Ducker
Institute of Govt .
November 2000
LEGAL AUTHORITY FOR LOCAL GOVERNMENTS
TO REGULATE TIMBER HARVESTING AND FORESTRY ACTIVITIES
Municipal Zoning Authority ( G. S . 160A= 381 to - 392 )
• Forestry activity apparently subject to municipal zoning, applicable inside a
city ' s limit and its extraterritorial planning jurisdiction
• But zoning may be limited by Agricultural/Forestry Operations Nuisance
Statute ( see below) and exemption for certain forestry operations in state soil
erosion and sedimentation control program ( see below) .
• No reported N. C . appellate court zoning case involving forestry operations,
landscaping, or tree protection
• Note that landscaping and tree protection requirements are typically accessory
requirements triggered by application for a zoning permit for some other use .
Forestry activity, in contrast, is often the principal use of property .
Municipal General Ordinance- making Authority ( G . S . 160A- 174 )
• Forestry activity apparently may be made subject to municipal timbering
ordinance , applicable inside city limits, subject to same limitations as may apply
to municipal zoning .
• This apparent authority possibly called into question by adoption of General
Assembly of local legislation authorizing specific cities to adopt tree preservation
ordinances ( See attached Sess . Law 2000 = 108 , applicable to Kinston, Cary , Apex,
Garner, and Morrisville . )
County Zoning Authority ( G. S . 153A- 340 to —348 )
• Applicability to forestry and timbering clouded by county zoning exemption
for property used for " bona fide farm purposes includ( ing) the production and
activities relating or incidental to the production of crops, fruits , vegetables,
ornamental and flowering plants , dairy, livestock, poultry, and all other forms of
agricultural products having a domestic or foreign market . " ( G. S . 153A-
340 (b) ( 2 )) . Note, however, the absence of any express mention of forestry or
timber harvesting operations in above statute . Note, also , that Standard Industrial
Classification, widely used in zoning, distinguishes between " Agricultural
Industries" ( SIC 01 ) and "Logging Industry" ( SIC 04) and "Forestry Services
Industry" ( SIC 05 ) .
• County zoning also subject to same possible limitations as municipal zoning ,
as described above
. 10
County General Ordinance - making Authority ( G . S . 153A- 121 )
• May apply to forestry and timbering, but probably only to the extent that
county zoning may apply
State Soil Erosion and Sedimentation Control Authority ( G. S . 113A- 50 to - 66)
• State regulations do not apply to land - disturbing activities "undertaken on
forestland for the production and harvesting of timber and timber products and
conducted in accordance with best management practices set out in Forest
Practice Guidelines Related to Water Quality, as adopted by the Department (of
Environment and Natural Resources) . " ( G . S . 113A- 52 . 01 (2) ) .
• County soil erosion and sedimentation control ordinances also do not apply , to
the extent of the exemption .
• This exemption may preempt or block other types of local government
ordinances (e . g . , zoning or free- standing ordinances) if they focus unduly on the
land- disturbing features of timber harvesting or on forestry practices per se .
Agricultural and Forestry Operations Nuisance Statutes (G. S . 106 - 701 )
• Forestry operations that have been in operation for more than one year may
not be deemed a private or public nuisance because of changing conditions in its
vicinity if the forestry operation was not a nuisance at the time it began
• More specifically , a local government ordinance may not make such a forestry
operation a nuisance or provide for its abatement
• Statute does not apply to sawmill operations
• Statute applies to territory outside city limits as those city limits existed when
the statute was passed (in 1979) .
• Statute could well have the effect of preventing a zoning ordinance from
requiring that a forestry operation that - is nonconforming under the ordinance be
amortized ( i . e . , terminated after a period of time has elapsed that is sufficient to
allow the owner to recover the owner ' s investment in the property)
11
AGRICULTURAL AND FORESTRY OPERATIONS
NUISANCE STATUTES
§ 106 - 700 Legislative determination and declaration of policy .
It is the declared policy of the State to conserve and protect and
encourage the development and improvement of its agricultural land and
forestland for the production of food , fiber , and other products . When other
land uses extend into agricultural and forest areas , agricultural and forestry
operations often become the subject of nuisance suits : As a result ,
agricultural and forestry operations are sometimes forced to cease . Many
others are discouraged from making investments in farm and forest
improvements . It is the purpose of this Article to reduce the loss to the State
of its agricultural and forestry resources by limiting the circumstances under
which an agricultural or forestry operation may be deemed to be a nuisance .
( 1979 , c . 202 , s . 1 ; 1991 (Reg . Sess . , 1992 ) , c . 892 , s . 1 . )
§ 106 - 701 When agricultural and forestry operation , etc . , not constituted
nuisance by changed conditions in locality .
( a) No agricultural or forestry operation or any of its appurtenances shall be
or become a nuisance , private or public , by any changed conditions in or
about the locality thereof after the same has been in operation for more than
one year, when such operation was not a nuisance at the time the operation
began ; provided, that the provisions of this subsection shall not apply
whenever a nuisance results from the negligent or improper operation of any
such agricultural or forestry operation or its appurtenances .
(b) For the purposes of this Article , " agricultural operation " includes ,
without limitation, any facility for the production for commercial purposes
of crops , livestock, poultry , livestock products , or poultry products .
(bl ) For the purposes of this Article , " forestry operation " shall mean those
activities involved in the growing, managing, and harvesting of trees , but not
sawmill operations :
(c ) The provisions of subsection ( a) shall not affect or defeat the right of
any person, firm , or corporation to recover damages for any injuries or
damages sustained by him on account of any pollution of, or change in
condition of, the waters of any stream or on the account of any overflow of
lands of any such person, firm , or corporation .
( d) Any and all ordinances of any unit of local government now in effect or
hereafter adopted that would make the operation of any such agricultural or
forestry operation or its appurtenances a nuisance or providing for abatement
thereof as a nuisance in the circumstance set forth in this , section are and
shall be null and void ; provided , however, that the provisions of this
subsection shall not apply whenever a nuisance results from the negligent or
improper operation of any such agricultural or forestry operation or any of
its appurtenances . Provided further , that the provisions shall not apply
whenever a nuisance results from an agricultural or forestry operation
located within the corporate limits of any city at the time of enactment
hereof.
(e) This section shall not be construed to invalidate any contracts heretofore
made but insofar as contracts are concerned, it is only applicable to contracts
and agreements to be made in the future .
( 1979 , c . 202 , s . 1 ; 1991 (Reg . Sess . , 1992 ) , c . 892 , s . 1 )
13
Please see Shaping,
Orange County s
Future smite at the
Countv ' s home page
for the full re ort ,
co . orange . nc . us
The SOCF companion document is included in the packet as a
separate item .
I f I
14
UPDATE Items
Commission for the
Environment
December I 1 , 2000
15
t.
Land River Park Advisory Committee 16
November 2, 2000
Caldwell Community Building
MEETING SUMMARY
Members Present : Lee Beck, Margaret Brown , Mard Campbell , Tom Campbell , Steve
Hiltner, Becky Heron , Loraine Kohorn , Liz Pullman , Ellen Reckhow and Kim Watkins ,
Staff Present : Bob Jones , Jane Korest and Rich Shaw . Also , Mike Giles—incoming staff
member for Durham City/ County Planning Department .
Following introductions , Rich Shaw reviewed the charge of the committee as was
conceived by the project partners —Durham County , Orange County , Triangle Land
Conservancy and Eno River Association . Shaw explained that the committee has been
asked to develop recommendations related to the future us . s , design and facilities for the
Little River Regional Park and Natural Area . Those recommendations will be presented
to the Durham and Orange boards of commissioners for approval and implementation .
Shaw asked committee members how they would like to operate during future meetings .
Members decided to have Staff facilitate meetings rather than electing a chair , however,
LRPAC members would decide on the topics for future meeting agendas . Decisions by
the committee will be made by majority vote .
Jane Korest provided an overview of the future park site . She described the landscape ,
gland- use history , surrounding land uses , and biological and archeological resources found
on the property .
Rich Shaw then reviewed the project purpose , noting that the local governments and non -
profit partners intend for the park to be available only for low -impact recreation ,
including hiking , picnics and nature study . Shaw explained that two state grants awarded
for land acquisition place certain conditions for the future use of the property , and that
those restrictions are consistent with the intended use .
Shaw reported that the 306 acres will be purchased on November 7 , 2000 . The remaining
85 acres ( all in Durham County) is expected to be purchased by July 2001 , following the
completion of a fundraising campaign by the Eno River Association and Triangle Land
Conservancy . Park development is anticipated within two years , pursuant to a grant of
$ 262 , 000 from the Land and Water Conservation Fund . The majority of the grant funds
are for park development , a small portion was earmarked for further land acquisition .
Committee members discussed the proposed uses of the park , including the potential for
hiking trails , mountain biking , horseback riding and tent camping . They discussed the
need for community input on what kinds of trails should be established . Also , the likely
need of county policies covering what will and will not be allowed in the park . For
instance , there should be a policy on whether- dogs should be kept on a leash . Security
issues related to the park were also discussed , as well as the need to explore some of the
Notes front 811012000 meeting Page I of 2
17 non - conventional alternatives for the kinds of infrastructure planned , such as solar
powered units and composting toilets .
Committee members also discussed their interest in developing recommendations for
future management of the park . Staff noted that there will be an interlocal agreement
between Durham and Orange counties , and although arrangements for park management
will be addressed in that agreement , it would be helpful for the committee to consider
those issues .
Committee members decided to visit the park site and hold at least one more meeting
prior to hosting a public meeting to gauge the community ' s interest in potential uses .
A site visit was scheduled for Sunday , November 19 from 1 - 4pm . Committee members
and staff will meet at the home of Kim Watkins (4411 Guess Road) located adjacent to
the future main entrance . Following a tour of the entrance and meadow area , the
committee will drive to the Summer Road entrance for a look at the interior sections of
the property .
The next regular meeting to follow the site visit was scheduled for January 16 . Staff
will email members to confirm that date . Suggested locations for future meetings
include , the Caldwell Community Building , Pleasant Green Community Center, Little
River Community Complex , New Sharon Church and the Schley Grange Hall . Staff will
investigate those and other locations .
Next Meetings :
• November 19 (Bite visit from 1 - 4pm )
• January 16 (Time and location TBA,)
Notes fi-0m 811012000 177eeti77g Page 2 of 2
l �
Memorandum
To : Inter- Governmental Parks Work Group
From : Bob Jones , Orange County Recreation and Parks Director
Richard Kinney , Carrboro Parks and Recreation Director
Kathryn Spatz , Chapel Hill Parks and Recreation Director
David Stancil , Environment and Resource Conservation Director
Date : November 30 , 2000
Re . Initial Meeting — December 7 , 2000
Please find attached the agenda for our initial meeting of the Inter - Governmental
Parks ( IP ) Work Group . As noted in our correspondence of November 16 , the
meeting will be held :
Thursday, December 7
5 . 30 p . m .
Southern Human Services Center
2505 Homestead Road ,
Chapel Hill
Please find attached several reports and other materials relevant to the meeting .
We have also added an updated roster for your review ( please note any
corrections or revisions to Carol Melton at ccrawford@co . orange . nc . us ( 245 - 2597 ) .
I look forward to seeing you on the 7th
Copies : John Link, County Manager
Cal Horton , Chapel Hill Town Manager
Robert Morgan , Carrboro Town Manager
Eric Peterson , Hillsborough Town Manager
1 �
INTER*4GOVERN M ENTAL PARKS
WORK GROUP
AGENDA
DECEMBER 7 , 2000
5 : 30 P . M .
Southern Human Services Center
2505 Homestead Road
Chapel Hill , NC
5 : 30 1 . WELCOME AND INTRODUCTIONS
5 : 45 229 MISSION AND CHARGE f
JOINT CAPITAL FUNDING FOR PARKS REPORT
The mission and charge to the Work Group , along with the information
presented and items referred at the October 30 Assembly of
Governments meeting on joint capital funding ( report attached ) .
60615 3 . SOCCER SYMPOSIUM TASK FORCE REPORT
Attached , as referred from Orange County Commissioners . Brief review
of report and initial task of addressing need for adequate soccer fields
and facilities .
6 : 45 4 . PROPOSED CHAPEL HILL AQUATIC FACILITY
Attached , as referred from Chapel Hill Town Council . Brief review of
report - collaboration opportunities and facility need .
7 : 1 5 5 . PLANS FOR NOVEMBER 2001 PARKS BOND
Work group of elected officials to identify potential projects by 1 /31 /01 .
7 : 30 6 . ADJOURNMENT ( NEXT MEETING -- FEB . 1 ? )
If first Thursdays are acceptable , the winter meeting could be scheduled
for 2/ 1 /01 .
20
PAGE 2 Thursday, November 30, 2000
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as well as on discussions over the
. at the site near Carrboro to roughly 5 (road will be abandoned) OWASA reservoir at
25 acres adjacent to the current pit. ast decade or so on the ossible ., Y jT i F 3 3wi 5s sue ;, M�s
expansion. p r. _ �} . � r _ _x x , _ :ti � . . . .
The Orange Water and Sewer One new condition Benedict now
,.;., STAFF GRAPHIC
I IIAuthority wants to someday turn recommends against has to do with
the expanded, mined-out pit into its those residents say they want. years of the expansion permit, to
third reservoir, along with the Cane the idea of extending water and/or sewer service to residents near the Number 16 on the list of condi- look into the possibility of extend-
%I -INI
Creek and University Lake reser- quarry — service that some of lions calls for OWASA, within three please see QUARRY/PAGE 2
21
PAGE 2 Thursday, November 30, 2000
URRY additional funds were needed for have owned the affected property can Stone to provide up to $2,000 to
repairs. since Jan. 1, 19780 support an. effort to document the
FROM PAGE 1 The condition also states that, in Several proposed conditions are history of the * black community in
years in which more money would related to noise issues and others the Bethel-Hickory Grove Church
Mg water and/or sewer service. be needed for repairs, OWASA raised by residents who have Road area and to look for ways to
During a public hearing Monday. `Mould contribute up to $15,000 to argued against the expans'on. provide area residents with more
night, Benedict said the extension of the fund. The conditions say that American opportunities for finding jobs with
OWASA lines into the area around Condition No. 14 says that, if the Stone would install baffling equip- the quarry company.
the quarry would be "in conflict" expansion were approved, all quay- ment to reduce noise within two Also, OWASA would be commit-
with the county's guidelines for the �g would stop no later than Dec. years of getting the permit, enclose ted to naming the envisioned reser-
with the
co 31, 2030. equipment such as crushing and voir after the community in which it
ruraPutting money into a "no fault" Any money left at the end of min- screening towers within four years, is " located. The condition doesn't
well-repair fund is No. 15 on the list mg operations in 2030 would be and move the primary crusher and spell out that name.
of conditions. It's the kind of step returned to American Stone and related equipment into the pit with- Condition No. 28 relates to trucks
A OWASA, according to the proposed in seven years. hauling stones away from the quar-
American Stone and OWASA
about taking only A are the conditions. Another condition says that, in the ry, often with no cover over their
expansion were approved. One year before it expects to end new area to be mined, no blasting or loads of stones .
As described by the Planning quarry operations, American Stone stone processing would occur with Those haulers are independent of
Department , Orange County would be required to notify the in 500 . feet of any property line of American Stone, and company offi-
would administer the fund, which count' m ��g• property owned or leased by some- coals have said they ultimately have
would d available to " residents Number 17 is a carefully worded one other than . American Stone or no control over whether those .
in the vicinity of the quarry to condition that relates to American OWASA. haulers cover their loads.
repair or replace residential Stone's possibly responsibility for The conditions also call for Amer- The condition states that Ameri
wells that fail for any reason damage. ican Stone to use the "most current, can Stone shall " encourage" all
other than as the demonstrable It states that, "within two years generally accepted" blasting tech ck "operators leaving the quarry .,
result of American Stone Compa- of the issuance of this permit any piques. +� _ to""he. m r dful of :lawful weight and:,
ny's mining operations . " property owner within a 3 , 000- They call for specific limits on safety of load practices, including
The condition also states that foot radius of the property the noise and seismic impacts the use of covers when required by
"American Stone Company shall be encumbered by this . permit may from blasts . The conditions say law. "
responsible for the cost of repairing request American Stone Compa- that, on. the day of a blast, Ameri- The conditions aren't set in stone .
or replacing wells that fail as the ny to conduct a pre-blast survey can Stone would attempt to notify On Monday night, county commis-
demonstrable result of its mining of structures on his or her prop - each resident by telephone within sinners as well as American Stone
operations . Y• m
ert " a 3,000-foot radius of the perime- Vice President Paxton Badha said
In other words, a nearby resident The company would be respons'- ter of the quarry property, if they still have concerns about some
would not be able to argue that his ble for choosing and hiring a consul- those residents asked to be noti- of the conditions.
well had failed "as the demonstrable tart to do the survey. fied . Badham mentioned conditions
result" of the quarry operation and And the company "shall, acting in The quarry expansion would like the one related to truckers and
still be able to tap into the well. good faith, accept responsibility for . require a rerouting of Bethel-Hicko- uncovered loads, while commission-
repair fund. That person would any damage alleged to have ry Grove Church Road to create a ers mentioned things like the specif-
have to blame the failure of their occurred after the pre-blast survey new intersection with N. C. 54, fur- is wording of the well-repair fund
well on something other than the where the pre-blast survey and ther to the east. condition.
quarry operation. blasting data as determined by an Condition No . 21 calls for Amer- Input from the county Planning
If the resident wanted to stick to expert indicate a probability but not 'can Stone to build a 20-foot land- Board is the next step .
the argument that the quarry was to a certainty that the damage was scaped berm between the quarry After the hearing on Monday,
blame for the well failure, he would caused by the activities of Amer'- pit and the relocated road . Anoth- the quarry question was handed
have to take up the matter directly can Stone Company." er condition calls for the compa- . to the Planning Board, and that
with American Stone, presumably There also is a lengthy, detailed ny to pay for turn lanes on N . C . board has been charged with
through some method such as a condition that provides for property 540 making a recommendation to the
legal challenge. owners to seek compensation for Mining activities could occur commissioners no sooner than
American Stone would put "loss of fair market value" of their between 7 a.m. and 7 p .m. Monday Feb . 20 .
$87,500 'nto the well-repair fund ini- property from American Stone and through Saturday (the same hours
tially, and the company would add OWASA, due to the quarry opera- set in the original permit for the
"up to" $20,000 each year, but only if tion. quarry) .
Orange County determined the The owners would be required to Other conditions . call for Ameri-
zz
Informational Items
Commission for the
Environment
December I 1 , 2000
The commissioners have been asked to
23 consider pursuing a state grant to buy such
vehicles . The county already has plans to
the replace five nonemergency vehicles in the
chapel county s fleet during the next fiscal year. Why
a
not replace them with vehicles that would do
less harm to the environment but still get
county employees where they need to be ?
r The recommendation is, to buy six vehicles
that burn compressed natural gas and one
' electric vehicle . The vehicles would cost the
county about $50,500 more than standard ones,
but that cost would be covered by the $ 81 ,500
grant that the county could receive from the
rY state's Mobile Source Emission Reduction
program .
The only real cost to the county would be
David Hughey, Publisher about $22,000 that the leftover grant money
William E . N. Hawkins, Executive Editor wouldn't cover for building a refueling station
Zina B. Almers, General Manager. near Hillsborough, buying Catherine Wright, Editor g ying electrical
Gerald McEireath , Assistant Editor recharging equipment and training mechanics
Tris English , Circulation Manager on how to repair._the vehicles .Two years ago, Chapel Hill applied for a
similar grant to buy four compressed natural
gas vehicles, two electric vehicles and
■ refueling equipment.
It has bought a Crown Victoria sedan for the
i a town's Parks and Recreation Department, an
F150 pickup truck for utilities uses * and a 16-
passenger van to transport groups of police
F � MI ki , , officers . -
"So far they've been very reliable, " said Bill
Terry, internal services superintendent in the
• town's Public Works Department. "They're as
good as anything we've got in the fleet for the
& cost topurposes we need them for. "
ffle
The county leaders already have shown
they're interested in protecting the
• environment by establishing a work group to
w
sho , dvehicles .esIrstudy alternative fuel and low-emission
The group has been meeting since
January to try to find ways to reduce emissions
• for the county's . vehicle fleet and improve fuel
® � clean
efficiency,
atr i The county can go the extra stepin actually
Y
doing something to clean up the air — and at
little cost to taxpayers — by heeding the
very year we see changes in our county, group 's recommendation to buy the alternative-
More houses and buildings stand where fuel vehicles .
trees once stood. More waste is produced as we
buy items of convenience to make our lives
simpler. And more pollution is added to our air
as we drive more vehicles on growing numbers.
of roads .
But increasingly, people are- becoming aware Wednesday, November 29, 2000
of the need to preserve our environment.
Ora%nge County leaders can help raise that
awareness by showing a true desire - to protect
the environment — as a number ' of them
pledged to do in their campaign platforms .
And so we urge our county commissioners to
take a leadership role in protecting the land we
live on' and the air we breathe . We urge them to S.! D U
try to buy alternative-fuel vehicles .
i
24
P Tl�l 0 F I L e
e the newtons
connecting the . community through a natural legacy
Walter Newton surveys the woods around him from beneath The story of this future parkland begins with George Newton
the brim of his baseball cap , remembering a childhood spent and his desire to continue his quiet way of giving back to the
exploring the land here and the adjacent Little River. "This is community in which he has spent most of his life . Now retired
where we all learned to drive . Where I learned to build fires and as founder and president of Newton Instrument Company,
camp , where I learned to cook on an open fire . It was the place George was looking for a suitable way in which to honor his late
where I developed a love of the woods and the outdoors . " He wife , Mary. He contacted the Triangle Community Foundation
and his father joke about the times each of George Newton's five with a unique offer : to donate the 391 acres of family-owned
children managed to get the family jeep stuck in one precarious land in his wife's memory. Proceeds from its eventual sale would
position or another, including wedged between two trees . Such benefit three organizations : Greensboro College , Trinity United
memories are still tangible on this family property, 391 acres Methodist Church , and the Triangle Community Foundation's
that intersect the Little River and straddle Durham and Orange Catalyst Project . "I never did envision a park or protected
county lines . Thanks to the generosity of George Newton and a wildlife habitat to come out of this , " relates George Newton . "At
remarkable partnership between several county leaders and best I was hoping for a development of large-acre homes , leaving
nonprofits , many other children will have an opportunity to a sufficient buffer along the river to protect it . " The end result
create memories here as plans unfold to turn this property into surpassed even George's greatest hopes ,
a recreational- park.
Several key county and nonprofit leaders with an eye toward
4 ` ! may, At
conservation took notice of the Newton property, sparking an
a `t7k _ f- r ,�yy`-y, J �"' i.. 4f �
unprecedented partnership . Durham and Orange count planners
j � r Y P P P g Yf� it PP came together alongside two nonprofits , the Eno River
{
s A `' ' w I.' x Association (ERA) and the Triangle Land Conservancy (TLC) , to
tir
find a way to acquire and protect this undeveloped land hugging
' } rsr the Little River. "The Triangle Land Conservancy has selected
the Little River as one of six important river comdors in this
region , " relates Kate Dixon , executive director of TLC . "This is
L.
the largest tract that we've been involved in protecting , and it is
an incredible opportunity that the Newtons have given the
community. " Continues Don Moffitt , an ERA board member,
Yn "The Little River is one of the wildest , cleanest rivers in this
Y
region . We know now, particularly after Hurricane Floyd , that
we all live upstream from someone else . We know how important
p p
'y it is to be good stewards of the water we send downstream . "
With such powerful motivation , these community leaders met
with the Triangle Community Foundation , and , what was later
dubbed the Little River Partnership , was on its way to making
All '` r the vision of protecting the Newton property a
�~ reality.
ttf
Add
0.4
.� .4 t J ^ 7
. lk
y f j
rCA,F`' r
1 Yt 4 s 't� �r,
1
1 .
t t� . T RIANGLE COMMUNITY FOUNDATION
25
• r
"This project has blossomed because of the Partnership , "
expounds Rich Shaw, land conservation manager for Orange r
�.
At W
County. "We're reaching across count boundaries realizing A .
4
Y g Y � g ��; �-
that the Little River doesn't recognize those division lines—it's
part of the landscape of both communities . " Continues JaneIr
;
Korest , senior planner for Durham County, "The Triangle left: ; ,. .,
Community Foundation recognized the community benefit not George Newton and his son Walter
� r
only from creating a park site , but also from Orange and Newton at an event celebrating a grant %,
Durham counties working together. That recognition provided from the North Carolina Parks and F -fill
enough time and resources for Orange and Durham to each Recreation Authority to purchase the
agree to acquire the land and apply for grant funds . A private Newton tract for its future use as the right:
landowner might have hesitated at the time it took to work Little River Regional Park and Some of the partners in the Newton
out the details . " Natural Area. project: (front left to right) Barry Jacobs,
Orange County Commissioner; Jane
Fundraising efforts by ERA and TLC to cover the purchase price Korest, Senior Planner for Durham
of the land are still underway, but the partners have been City/County Planning Department; Bill
helped in their goal by successfully attaining a number of the Holman, Secretary of the North Carolina
grants they sought . "This partnership is one of the reasons Department of Environment and Natural
we've been so successful in getting grants , " says Korest . "The Resources; and Kate Dixon, executive
cooperation between Orange County and Durham County, the director of the Triangle Land Conservancy.
Eno River Association and the Triangle Land Conservancy has
made this such a rewarding project for all the actors . "
Perhaps , however, the Newton family, with all of their memories
here , is most content with this happy ending . "We're so very, � M
� r
very pleased , " shares Walter Newton . "What we remember the o c o
land as — a natural part of what we grew up with will be
retained . Not just a memory, but a real thing . "
3 ; Aa
South
LoW011 ftde
P4
i
.��,.t
�a
The future site of The Little River Park South Sou F % '•,
,JeT or*
and Natural Area. �.`'�`0
11
2000 ANNUAL REPORT
26
TM
Vol . 12, No . 1 November / December 2000
Open space Wins om
Across Country Editorial: Conservationists won an
impressive but not overwhelming victory
® Voters in 22 states appro \red more than three - fourths of in Congress and learned some lessons in
more than l00 measLlres on No \, . 7 that Lievoted $ 3 billion
to protect open space and enhance recreational opportLini _ Washington politics .
ties . See page 6 for a listing of the resLults .
City and county residents in Florida , New jersey and Azuard: The Catto Charitable Foundation
New York, which approved multibillion packages in re-
cent years at the state level to preserve land, were among honors an Oregon conservationist with a
the most active on Election Day. $50 , 000 award recognizing her 20 years of
Among the highlights : Broward and Leon counties in work protecting the Columbia Gorge .
Florida each passed $400 million proposals to protect open
space . Union County, N .J . , voters approved a $98 million Greenzuays , The Kodak American Greenway
proposal to fund open space, recreation and historic pres - Awards honor 38 grassroots groups and
ervation projects . St Louis area voters agreed to spend four national leaders for their leadership in
$400 million to acquire parkland and create a park district. promoting greenways and preserving
Seattle residents also said yes to a $ 198 million proposal to
protect green space, maintain parks and expand trails . open space .
Maryland Shore Protected, Small Tracts : Bringing back natural quiet to
Zion National Park, restoring a fishery on
Tennessee State Forest Created Maine ' s Kennebec River, achieving common
ground in Austin, Texas, and spotlighting
31 The Conservation Fund has completed negotiations to good development in all 50 states .
buy easements protecting 2,500 acres and 14 miles of
shoreline along Chincoteague Bay in Maryland . The $3 . 1
million easement purchase , among the first to be acquired
under the state ' s Rural Legacy Program, is part of a larger Elections : Voters from Maine to California
coastal bay initiative to preserve a 15 , 000-acre natural cor- approved more than $3 billion for parks and
ridor between Pocomoke State Forest, the E . A . Vaughn open space on November 7 .
Wildlife Management Area and Assateague Island Na-
tional Seashore . Partners included the state Department
of Natural Resources, Maryland Environmental Trust, Congress : Lawmakers shelved the
Worcester County and the Lower Shore Land Trust . Conservation and Reinvestment Act but set
aside $ 12 billion for conservation spending
31 In October, Tennessee announced plans to purchase a over the next six years .
2, 023- acre forest in Cocke County, the first new state forest
in more than 50 years . The Conservation Fund bought the
See Forest, page 8
z. .7
COMMON GROUND VOL. 12 NO. 1 NOVEMBER / DECEMBER 2000
so .
Lessors . It was a year of some hard-won success House appropriations committees , always
and hard-learned lessons in how Washington zealous in protecting their prerogatives,
from works for fans of the Land and Water Con- waded in . Property rights people com-
servation Fund . plained . Some environmentalists did not
CARA Conservationists had two principal goals like some of the bill .
for this Congress—more money for the long CARA stalled . The congressional appro-
neglected fund and assurance that money for priators and the White House cut a deal
it would be permanent, funded by revenues wherein the Interior appropriations bill pro -
from offshore oil drilling . They came away vided for about half of what CARA would
with more money and a bit of assurance . Im- have done . The bill provides a complex
portantly, land conservation was raised as an scheme that offers hope but no real assur-
important issue on the public agenda . ance of continuing funding .
The Congress appropriated roughly So, conservationists got more than half
twice as much spending for parks, outdoor a loaf, and they got a taste of success . They
recreation, fish and wildlife programs , and may have learned lessons for the future as
historic sites as it has in recent years . In cat- well—lessons such as the need for consis-
egories such as assistance to state and local tent, persistent, professional advocacy; the
governments, historic sites , and urban parks, need for a broad coalition and the need to
Cawthe programs were increased from almost keep it together when the going gets tough;
nothing to something . and the need to watch your friends as well
is published bimonthly as a For awhile, it looked like a great victory . as your adversaries .
service to the conservation In May, the House passed a comprehensive Perhaps the most significant lesson of
community by package called CARA—the Conservation the year was that success came because for
The Conservation Fund and Reinvestment Act . It had almost every- the first time the Land and Water Conserva-
Patrick F. Noonan thing ng conservationists wanted and only a tion Fund had a broad -based, dedicated
John F. Turner few things they didn ' t . The Senate Energy coalition working for it . It is critical that this
President and Natural Resources Committee reported coalition not lose its enthusiasm, energy,
Mike McQueen out an even better bill . Sixty- two senators , a and efficacy . Each will be needed .
Editor filibuster-breaking majority, signed a letter to Whatever was won must be protected
William deBuys the leadership saying Jack Lynn they wanted the bill as the annual appropriation process goes
Editorial Consultants brought to the floor . President Clinton stood forward . That. process offers an opportu-
Meg West in the Rose Garden and warmly endorsed nity—to regain in the hearing rooms next
Art Director CARA specifically . year some of that which was lost in the
For address corrections and All looked The onlyseemed backrooms this year .
information, contact: oo rosy . enemy y
to be the race to adjournment. Then funny —Henry Diamond
April Berry things began to happen . The powerful ap - The author is a long- time conservationist and
Circulation Manager
The Conservation Fund propriators, members of the Senate and attorney in Washington , D . C .
1800 N. Kent St. , Suite 1120
Arlington, VA 22209
703 / 525-6300
COMMON GROUND routinely THE COMMUTE
grants permission for reprints . 9 THE COMMUTE, 19705
Address editorial correspondence C5 11506
and reprint queries to: WELCOME TO
COMMON GROUND � `! 1 4' �` �` ` OAKLAND
940 Stillwater Lane Q - _
Earlysville, VA 22936 .. __ S , ^ W{-y'' o;
804 / 973-7324 "^ `lam ��. .� � � "►� , �' ' :Y'" , ..;w ' d , rn
coground@aol . com
COMMON GROUND is available WELCOME O � ti/
on the World Wide Web at TO SAN 4
rr
http: // www,conservationfund . org L �, FRANCISCO f . ' �\� . li "'
� � c
Printed on recycled paper.
THE COMMUTE, 1990s o THE COMMUTE , 201os
A oo c
NEW HOMES
FROM
$250, 000`°
y f +J
WELCOME TOgo Y ' WELCOME TO -
�� TRACY ftZo
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28
COMMON GROUND VOL. 12 NO . 1 NOVEMBER/ DECEMBER 2000
,
fz
Oregonian Wins Conservation Award Kodak Greenway
® A Portland , Ore . , native who spearheaded gorge . She has helped establish hiking and Grantees
the move to designate the Columbia Gorge biking paths on the scenic highway along the Choccolocco Creek W'shed
as the nation ' s first national scenic area has gorge . Oregon plans to create hiking trails on Conservancy District., Ala .
received the American Land Conservation the remainin sections of the centur old K Land r Heritage
g Y Land Trust, Alaska
Award and a $ 50 , 000 grant from the Catto highway . Russell also helped the Columbia Discovery Coast G 'ways Land
Charitable Foundation . Land Trust to protect habitat and land in Trust, British Columbia
partnership with the communities of the Co - Back country Land Trust, Calif.
NancyRussell, who founded Friends of lumbia River region . Annie & Mary
g . Rail-Trail, Calif.
the Columbia Gorge in 1980, has volun- Russell received the award Oct . 21 in Trees, Water & People, Colo .
teered 40 to 60 hours a week for two decades Portland , Ore . , at the Land Trust Alliance ' s Washington Area Bicyclist
to protect the gorge . In partnership with National Land Trust Rally . " Nancy Russell Assoc., D . C .
Delaware Nature Society, Del .
public agencies , private landowners and has shown us that we ' re all ' river people , "' Venice Area Beautification,
nonprofit groups, she has focused attention said Charles Jordan, a member of the board Fla .
on the gorge through hundreds of trips, of The Conservation Fund and Director of Sandtown Homeowners '
community presentations and appearances Parks and Recreation in Portland . " All of us River Action, Iowa
at meetings . The 292 ,500- acre scenic area , benefit from her accomplishments . " Wood River LT, Idaho
which is 85 miles long, forms part of the bor- The Fund administers the award pro- Living Lands & Waters
der between Oregon and Washington . gram, now in its fifth year . The award is the Restoration
Wapehani Girll Scout
Russell and her husband created a pub - largest in the nation honoring individual vol- Council, Ind .
lic hiking trail on their property in the unteer efforts in land conservation . Hanover Open Space
Committee, Mass .
F
Adkins Arboretum, Md .
Town of Westernport, Md .
Friends of the Kennebec
Kodak Awards Greenway Grants River Rail Trail, Maine
Downriver Greenway
Initiative, Mich.
® Eastman Kodak Co . , the National Geo - Fund Act of 1965 . In New York, he also Appleton Project, Minn.
graphic Society and The Conservation Fund served as the head of the first state environ- Friends of the Miss .
have honored 38 greenway groups and four mental department . His leadership as a River, Minn .
Corvallis
national leaders for their work in promoting chairman of the President' s Advisory P edmontCivic Land Club, Mont.
greenways and preserving open space . Committee on Environmental Quality pro - Conservancy, N. C.
duced a report that called for a national net- Clay county communities
The greenway grants program, now in work of greenways .
Revitalization Assoc. , N . C .
its eighth year thanks to funding from • The Pennsylvania Environmental LiNe ltlon Regional Hospital,
Kodak, awarded grants up to $ 2 ,500 on Sept . Council helped establish the Pennsylvania Cerrillos Hills Park Coalition,
12 to 38 nonprofit groups in 30 states (see list Greenways Partnership Commission and the N.M .
at right) . The grants , presented at the Na - Southeastern Pennsylvania GreenSpace Thousand Islands LT, N .Y .
Trenton Conservation
tional Geographic Society in Washington, Alliance . The council also worked for the Advisory Council, N .Y .
D . C . , provide seed funding to stimulate the successful passage of the Growing Greener Floral Park Conservation
planning and design of greenways, esti- Initiative—a 5 -year, $ 645 million program to Society, N. Y .
mated to number more than 3 , 000 in the protect open ace and farmland, restore riv- River 's Bend Parks Corp .,
P P P Ohio
United States . ers and rehabilitate state parks and forests . Rails-To-Trails of Wayne
In addition to the community grants, • Bridgestone / Firestone Inc . was recog- County, Ohio
the three groups presented an outstanding nized for its donation of more than 10 ,000 Bear Creek Greenway
Foundation, Ore.
achievement award to Henry Diamond, a acres on the Cumberland Plateau to the state French Creek Recreation
long- time environmental leader and attor- of Tennessee to create a landscape - scale Trails, Pa .
ney in Washington, D . C . The groups also greenway now linked to other public land Legacy Land Trust, Texas
recognized the Pennsylvania Environmental holdings . The protection of the waterfalls , Virginia Trails,Tree
g Y g P Page County Tree Board, Va .
Council, Bridgestone / Firestone Inc . and the wildlife habitat and miles of unbroken forest Mad River Path Assoc ., Vt.
South Carolina Department of Natural Re- within the property helped mark the Land Trust of Eastern
sources for their efforts to create a national company' s 100th anniversary . Panhandle, W . Va .
network of greenways and trails . • The South Carolina Department of
• Diamond, a partner with Beveridge & Natural Resources recently led efforts to pro-
Diamond, is considered to be one of the fa- tect more than 40,000 acres of environmen-
thers of the green space movement in the tally and ecologically significant land in the
U . S . He played a central role in the process Jocassee Gorge area in the western part of the
that led to the enactment of the Wilderness state , contributing to one of the largest pro-
Act and the Land and Water Conservation tected areas in the Southeast . 3
29
COMMON GROUND VOL , 12 NO , 1 NOVEMBER / DECEMBER 2000
S M A L L
Shad, stripped bass, Atlantic sturgeon and Development patterns in the United States
The Conservation Fund short-nosed sturgeon wasted no time in re- won ' t change overnight, but the Sierra Club
Vital Statistics turning to a 17-mile stretch of the Kennebec reports that better planned growth is taking
Land protected by TCF River in Maine after the 20-foot tall Edwards root . Ohlone-Chynoweth Commons in San
and partners, 2000 : Dam in Augusta was dismantled last year . Jose, Calif. , is a good example . The project
Acres protected: 70, 109 State surveys in September also found juve- will turn an underlined parking lot into al-
Est. value : $190, 812,208 nile shad and stripped bass , a development most 200 units of affordable housing, a play
Cumulative land protected,
not expected so quickly . Water quality also area and day-care center for kids, a commu-
1985-2000, by TCF and improved . Waters upstream from the former nity center and a computer-learning facility .
partners: 162-year-old dam now meet Maine 's Class B Residents will have a landscaped walkway
Acres protected : 2,340,875 water quality standard although they didn' t that provides access to the city' s light-rail
Est, value: $1 ,276,714,497 meet Class C standards last year . Boaters, an- line, according to " Smart Choices or Sprawl-
glers and bird watchers regularly visit the ing Growth : A 50-State Survey of Develop -
TCF's three-year average newly exposed rapids and islands of the ment " (www . sierraclub . org, 202 / 675 -2392) 8
fund-raising cost: Kennebec . Augusta also is rehabilitating the The group ' s third annual report on sprawl
2% of total income former site of the Edwards Mill to become a gives thumbs-up and thumbs -down ex-
The Conservation Fund is city park . Removal of the dam, ordered by amples of development in all 50 states .
a 501 (c) (3 ) nonprofit the Federal Energy Regulatory Commission,
organization established to has set a national precedent . More than 40 Of the theories offered last summer to ex-
advance land and water unneeded dams around the country have plain the widespread forest fires in the West,
conservation in America . been removed in the last year . at least one doesn' t seem to hold up under
The Fund is a member of analysis . This particular theory holds that
Earth Share and participates Until this year, the six-mile canyon road in fires are burning up more forest land be -
in the Combined Federal
Campaign as #0930 . Zion National Park was jammed with cars cause federal timber harvests in national for-
and vans every summer as frustrated tourists ests have declined dramatically in the last
. 00.
Earth Share parked helter skelter . This year, park officials decade . No doubt harvests have dropped—
huttle system, the from a peak of 12 . 7 billion board feet bbf in
launched a mandatory s y p ( )
first in the entire National Park System 1987 to 2 . 9 bbf last year . But the number of
aimed at reducing overcrowded conditions acres of forest burned over 40 years appears
Conservation leadership and improving visitor experience . The 28 to be at most weakly related to the volume
Courses propane-powered buses carried nearly 1 . 4 of timber harvested , says a report (202 / 224-
" Southwest Deserts million passengers from May 23 through 5244) by the Congressional Research Service
Gateway Communities September . During that period, the system for Sen . Ron Wyden (D-Ore . ) . In fact, since
Workshop , " March 1 -3, relieved traffic by 550,000 vehicles on the 1987, fewer acres burned during years of low
Joshua Tree, Calif. , narrow canyon road, or more than 4,200 a timber harvest, contrary to the hypothesis .
520 / 290-0828 .
day . The free shuttle also runs through the
" GIS Design for Regional town of Springdale so visitors can leave cars Companies that cut labor costs to compete
Conservation Planning, " at hotels rather than drive them to the park . should economize instead on energy and
March materials, according to a paper by the
Shepherdstordstown, W .Va . ,
919 / 967-2223 . Hard to believe when you ' re in Manhattan, Worldwatch Institute , Remanufacturing, a
but nearly 27% of New York City consists of $53 billion per year business that employs
"The Practice of Environ- parks or open space, the highest percentage 480, 000 people in the U . S . , allows 85 % of the
mentally Sensitive Devel-
opment, " April 2-3, of any major U . S . city . San Francisco is sec- value added—labor, energy and materials in
Chicago; and April 19-20, and with 25 . 4 /o, according to Inside City the product—to be recaptured . More effi-
Washington, D . C . , Parks " ($30 . 95, ULI members; $40 . 95 non- cient use of resources would cut expenses by
800 / 321 -5011 . members , 800 / 321 -5011 ) . The Trust for Pub- billions of dollars through savings on fuels
lic Land released the study of park systems and materials . These savings help the bottom
in the 25 largest U . S . cities , which was pub - line and the environment, concludes "Work-
lished by the Urban Land Institute . Atlanta ing for the Environment : A Growing Source
devotes just 3 . 7% of its land to parks and open of Jobs " (Paper 152 , $5, www . worldwatch .
space, the lowest percentage of the 25 cities . org, hard copy, $9 , 202 / 452- 1999 ) . Mining,
Collectively, the cities spend $ 1 . 2 billion a electricity generation, and four manufactur-
year on parks and an additional $500 million ing industries ( primary metals processing,
on new park construction and rehabilitation . oil refining, and paper and chemical produc-
TPL ranked park systems in Minneapolis , tion) account for 84% of all toxic pollution,
Boston and Cincinnati as the nation ' s best . while providing 3 % of private sector jobs .
COMMON GROUND VOL. 12 NO . 1 NOVEMBER / DECEMBER 2000 w3 Q
TRACTS
After battling for years over development, Studies of three watersheds in the upper
conservation and business interests in the Midwest show that municipal, industrial
Austin, Texas , area have formed the Hill and agricultural operations could dramati-
Country Conservancy . Its goal : to protect cally reduce water cleanup costs by incorpo-
50, 000 acres of watershed, ranchland and rating nutrient trading into conventional
open space overlying the Barton Springs cleanup programs . In one case, it was esti-
Edwards Aquifer . The nonprofit group (512 / mated to cost $2 . 90 for every pound of phos -
328-2481 , www . hillcountryconservancy . org) , phorus removed through the use of nutrient
formed by the Greater Austin Chamber of trading versus $24 using conventional pollu-
Commerce, Real Estate Council of Austin tion reduction approaches . Nutrient trading
and Save Our Springs Alliance , announced makes it profitable for pollution sources with
its first acquisition in September . It secured low treatment costs to reduce effluents below
an option to buy development rights to the legal requirements , obtain credits and sell
5 , 820-acre Storm Ranch for $ 10 million . Pro- them to dischargers with high treatment Many thanks to these
tecting 50 , 000 acres could cost $300 million, costs . " Fertile Ground : Nutrient Trading' s recent donors to the
said George Cofer, the group ' s director . The Potential to Cost Effectively Improve Water COMMON GROUND
group will seek funding from public and prism Quality, " by the World Resources Institute Research Fund .
vate sources, mitigation and bonds . William Forbes
g ($ 25, 800 / 822- 0504; free, www . wri . org) fea-
Sharon Clark Gaskill
tured case studies in the Saginaw Bay area in Peggy Johnson
The Doris Duke Charitable Foundation Michigan and the Rock River watershed in Sara & Ned Meekins
( www . ddcf. org) has announced $2 . 6 million Wisconsin, where pilot trading programs are Mr. & Mrs . J . C . Sanchez
in grants to expand its conservation fellow- being pursued, as well as the Minnesota Mrs . Sandra Sparks
Mrs . Jules Tileston
M&
ship program to six universities . The fellow- River Valley, where some trading has oc- Mr .Mr . & Audubon society
ships , created in 1997 at the University of curred . WRI also launched a Web site
Michigan, Duke University and Yale, will be (www . nutrientnet . org) to demonstrate how More than 320 donors
offered next year at Cornell, the University nutrient trading could work , have given $ 15,425 to
of Montana and University of Wisconsin. the COMMON GROUND
Research Fund this year .
Fellows , who pursue master ' s degrees in en- John Wayne meets sprawl : Many Americans If you have not made
vironmental studies, receive $32, 000 for tu- still hold a mythic view of the West as an end- your gift, please don' t
ition and an internship with a conservation less frontier with wide open vistas . In fact, delay . This is your last
group . Up to $ 15 , 000 in student loans are re - Western cities are among the fastest growing chance for 2000 .
paid if fellows pursue conservation careers , in the U . S . as suburbs and ranchettes spread Send your check
largely unchecked throughout the region . c / o The Conservation
Almost 70, 000 acres in California were de- -Seen recently on public television, " Subdi Fund, 1800 N . Kent St. ,
Suite 1120, Arlington, VA
veloped between 1996 and . 1998, up 25 % vide and Conquer : A Modern Western, " nar- 22209-2156 *
from the previous 2 -year period . Of the total, rated by Dennis Weaver, compares the vision
more than 43 , 000 acres we e farmland , with the reality. Civic groups and local gov-
mostly in Southern California and the Cen- ernment can buy the video, winner of the
tral Valley, according to " Farmland Conver- " Best Environmental Film" at the Telluride
. sion Report, 1996-98 " ( free, www . consrv . ca . Mountain Film Festival, for $59 (800 / 543-
gov; $ 8, 916 / 324-0859 ) , a biennial report by 3764, www . subdividefilm . com) . Individuals
the state Department of Conservation . Con- pay $29 . 95 for home-use only .
versions have continued to accelerate since
the state emerged from a recession in the Natural history and the space race . Nearly
early 1990s, increasing pressure on some of 9 . 5 million people visited the National Mu-
the most productive farmland in the U . S . seum of Natural History in Washington,
California, which produces more than half D . C . , in the last year, making it the most vis-
the nation' s fruits and vegetables and leads ited museum in the world . The museum
all states in dairy production, tallies annual edged out the National Air and Space Mu-
farm receipts of $30 billion . The state has seum, a perennial favorite among tourists in
two programs to preserve farmland . The the nation ' s capital . Bob Fri, director of the
Williamson Act, established in 1965 , protects natural history museum, said visitation
16 million acres through tax breaks to land - jumped by nearly a third over 1999 thanks
owners . The Farmland Conservancy Pro- to a renovated geology hall, an IMAX the -
gram, begun in 1996, currently has $ 6 . 5 mil- ater, an African history and culture hall, a
lion available for grants to buy easements , new entrance hall and restaurant .
31 1
COMMON GROUND VOL. 12 NO. 1 NOVEMBER / DECEMBER 2000 FJ
+� : F
Park and Open Space Election Results
State Jurisdiction Yea/Nay Description Funding
Calif. Napa Co . Nay Acquires, protects and enhances parks and open space $14.9 million
Placer Co. Nay Preserves farms and open space, enhances recreation $9 .5 million/ year
Davis Yea Acquires, improves and maintains open space $17.5 million/ 30 years
Colo . Boulder Co. Yea Acquires and improves open space $119 .2 million / 8 years
Grand Co . Nay Implements county open space plan and buys dev. rights $5 .3 million / 7 years
Teller Co. Nay Protects farmland, acquires and develops trails, open space and parks $2 million / 10 years
Weld Co. Nay Protects agricultural heritage $35 million / 10 years
Aurora Yea Funds park and open space projects $16 . 1 million
Arvada Nay Acquires, develops and maintains open space $16.5 million
Evergreen Park & Rec. Dist. Yea Funds parks, trails, recreation and green space $3.5 million/ 20 years
Foothills Park & Rec. Dist. Yea Funds recreation center, open space, parks and trails $22 million
Golden Yea Acquires open space, constructs park and recreation facilities $26 .4 million
Littleton Yea Authorizes spending for open space acquisition, parks and trails $2.7 million
Longmont Yea Acquires, maintains and improves open space $60 million / 20 years
Roaring Fork Open Space Dist. Nay Acquires open space $10 million
Thornton Yea Acquires land, trails and builds parks $22. 4 million
Fla. Alachua Co. Yea Acquires, improves and manages environmentally sensitive lands $29 million / 20 years
Broward Co. Yea Protects open space, cleans up water and revitalize urban parks $400 million / 30 years
Leon Co. Yea Acquires and improves open space $400 million/ 15 years
Seminole Co. Yea Acquires and improves natural land, trails, greenways and blueways $25 million
Volusia Co. Yea Acquires and improves environmentally sensitive and recreation land $80 million
Volusia Co. Yea Acquires, improves environmental, cultural, historic and recreation projects $80 million
Ga. Cobb Co. Nay Funds park and recreation lands $118 million
Douglas Co. Nay Funds park acquisition and maintenance, recreation $38 million/ 5 years
Gwinnett Co. Yea Funds park and recreation facilities $192.4 million / 4 years
Atlanta Yea Acquires, improves public plazas and green spaces $27 million
Ill. Lake Co . Forest Preserves Yea Acquires land, restores habitat, imporoves trails $85 million
Orland Park Yea Acquires and maintains open space $20 million
Maine Scarborough Yea Acquires land and development rights $1 .5 million / 20 years
Minn. Washington Co. Nay Purchases development rights for green space corridor $13 million /9 years
Blaine Yea Acquires open space, habitat and trail land $3 .5 million
Mo . Columbia Yea Acquires, improves and maintains parks $17 million / 5 years
St. Louis & 2 counties Yea Acquires park land, creates park and recreation district $400 million / 20 years
Mont. Gallatin Co . Yea Acquires land and conservation easements $10 million / 20 years
Nev. Douglas Co. Nay Preserves open space, buys development rights $34. 8 million/ 29 years
Washoe Co. Yea Acquires, improves parks, trails, open space, library $26 . 2 million / 30 years
Congress Passes " CARA Lite "
0 Congress has set aside up to $ 12 billion revenue on federal land holdings . Total ap -
over six years to fund what it calls the Land propriations for all programs jump $ 160 mil-
Conservation, Preservation and Infrastruc- lion each year, to $2 . 4 billion by fiscal 2006 ,
Lure Improvement Program . Unlike the Conservation and Reinvestment
Act, the new program does not guarantee an
The program, part of the fiscal 2001 annual appropriation .
Interior appropriations bill signed Oct . 11 by For fiscal 2001 , Congress set aside fund -
President Clinton, represents a compromise ing in six categories .
hammered out in September by Congress • federal and state land and water con-
after failure of a two -year effort to pass the servation fund ($540 million)
more ambitious Conservation and Reinvest- • state and other conservation programs
ment Act (CARA) . ($300 million)
The new program, dubbed " CARA lite, " 0 urban and historic preservation . pro -
includes $ 1 . 6 billion in first-year funding for grams ( $ 160 million)
federal and state land acquisition and other a additional maintenance at the four
programs . Other programs range from urban federal land management agencies
park restoration and endangered species ( $ 150 million)
conservation to public land maintenance and • payment in lieu of taxes ( $50 million)
payments to counties for loss of property tax le coastal programs ( $400 million) .
COMMON GROUND VOL. 12 NO . 1 NOVEMBER / DECEMBER 2D00
Park and Open Space Election Results
State Jurisdiction Yea/Nay Description Funding
NJ * Sussex Co. Yea Acquires land $14. 4 million / 9 years
Union Co . Yea Funds open space, recreation and historic preservation $97. 8 million / 20 years
Blairstown T'ship Yea Acquires land for recreation, preserves farmland $84,000 / year
Bloomingdale Bor. Yea Funds land acquisition and recreation $ 130,000 / year
Brick T'ship Yea Acquires land and easements for recreation, protects water quality $400,000
Dover T'ship Yea Preserves open space, farmland and historic sites $900,000 a year
Edgewater Park T'ship Yea Funds land conservation and rec., protects farmland and historic sites $29, 000 / year
Fredon T'ship Yea Acquires open space, preserves farmland NA
Hamburg Bor. Yea Acquires, develops, maintains and preserves open space NA
Holmdel T'ship Yea Acquires and maintains open space $4. 8 million
Hopewell Bor. Yea Funds land conservation and rec., protects farmland and historic sites $ 15,000 / year
Lebanon T'ship Yea Preserves open space and farmland $90,000 / year
Lumberton T'ship Yea Preserves open space and farmland NA
Medford T'ship Yea Funds open space, recreation, farmland, historic preservation $157,000 / year
Ocean T'ship Yea Funds open space, recreation, farmland, historic preservation $40,000 /year
Old Bridge T'ship Yea Funds open space, recreation, farmland, historic preservation $6 million/ 10 years
Princeton Bor. Yea Acquires, develops and maintains open space and historic sites $101 ,000 / year
Princeton T'ship Yea Acquires, develops and maintains recreation, conservation and farmland $225,000 /year
Sayreville Bor. Yea Funds open space, recreation, farmland and historic preservation $40,000 / year
Up . Freehold T'ship Yea Funds open space, recreation, farmland and historic preservation $108,000 /year
Vernon T'ship Yea Preserves farmland and open space $1 .4 million / 5 years
Vineland city Nay Acquires, develops and maintains recreation and conservation land $3 .3 million
West Milford T'ship Yea Acquires land for recreation and conservation $5 . 6 million
N. M. Bemalillo Co. Yea Acquires and maintains open space $25 million / 6 years
Berrialillo Co. Yea Acquires parks, improves recreation facilities $1 .6 million
Santa Fe Co . Yea Acquires land and easements for open space $8 million
N•Y• Bedford Yea Acquires and maintains open space and parks $4 million
Clarkstown Yea Acquires land for open space $22 million
Irvington Yea Acquires open space $3 million
Lewisboro Yea Preserves open space $2 million /30 years
North Hempstead Yea Acquires open space, restores env. sensitive land, improves coastal areas $ 15 million
North Salem Yea Acquires land and conservation easements $2 million / 30 years
Oyster Bay Yea Acquires and improves land for open space and recreation $30 million
Pound Ridge Yea Preserves open space $3 million
Somers Yea Acquires land $2 million
Yorktown Yea Creates open space and conservation district $400,000 / year
N.C. Wake Co. Yea Acquires open space $15 million
Garner Yea Acquires and improves parkland $3 .5 million
Greensboro Yea Funds park and recreation facilities $34.2 million
Raleigh Yea Acquires and improves parkland $16 million
Ohio Statewide Yea Preserves open space and farmland, redevelops brownfields $400 million
Erie Co . _ Nay Preserves Edison Woods $12 million / 20 years
Portage Co. Park District Nay Funds park district $22.5 million/ 10 years
Geauga Park District Yea Acquires and preserves land $44.7 million / 20 years
Parma Yea Acquires and improves West Creek Valley for conservation and rec. $3 million/ 25 years
Ore. Atfalati Rec. Partnership Nay Creates park district, acquires open space, improves trail system $4 million / year
Blue Heron Rec. Dist. Nay Acquires open space for recreation $7. 6 million
Corvallis Yea Acquires open space $7.9 million / 20 years
N. Clackamas P&R Dist. Nay Acquires open space, improves parks and recreation $7. 6 million / 5 years
Tualatin Hills P&R Dist. Nay Acquires, maintains and improves park and recreation land $29 million /5 years
Pa. Hilltown T'ship Yea Acquires open space, development rights, easements $ 12 million
Upper Makefield Yea Acquires open space, agric . easements and recreation land $15 million
R. I. Statewide Yea Acquires open space, protect groundwater, develops recreation $34 million
S.C. Beaufort Co. Yea Acquires open space, development rights and conservation easements $40 million
Charleston Co. Nay Protects open space, farm and forest land $303 million
Charleston Co. Yea Acquires parkland $35 million / 25 years
Hilton Head Is. Yea Acquires land for public use, parks and growth management $20 million
Texas Austin Yea Acquires open space $13.4 million
Va . Arlington Co. . Yea Funds parks and recreation $26 million
Wash. Lake Forest Park Yea Acquires, develops and preserves parks and open space $3 .5 million / 20 years
Seattle Yea Protects green space, maintains parks and expand trails $ 198 .2 million
Wisc. Door Co. Nay Acquires land for conservation and recreation $15 million / 10 years
Visit the Lnttd Trust Alliance (zvzvzv. lta. org/policy/referettda2000. ltttnl) attd Trust for Public Lmrd (zvzvzv. tpl. org/tpl/L.attdVote2000) for store infortttntiott .
3 LZMMON GROUND VOL. 12 NO. 1 NOVEMBER / DECEMBER 2000
Tennessee to Acquire First State Forest in 50 Years
Forest, from page 1 mas Barron, a nature writer from Boulder,
property, known as the Gulf Tract, from In- Colo . , joined the council in September . The
ternational Paper . The U . S . Forest Service council helps the Fund establish partner-
also plans to buy 4, 777 acres of the tract, ships to advance land conservation .
which will be added to the Cherokee Na-
tional Forest. The tract harbors diverse hard- ® The new " Guide to the Atlanta Campaign
woods, native trout streams and habitat for of 1864 " ($3 . 50, www . daltonchamber . org,
Create a Land black bear and ruffed grouse and borders the 706 / 2781111,7373 ) , edited by Frances H . Kennedy
Legacy Appalachian Trail for 6 miles . Part of the of The Conservation Fund, is sponsored by
state forest will be managed as a demonstra- the Dalton-Whitfield (Ga . ) Chamber of Com-
COMMON GROUND tion project for sustainable forestry. merce, the city of Dalton, the Whitfield
readers can protect the County Board of Commissioners , and the
nation' s land and water IN The Conservation Fund rec� Pn +-1T • ' ded Dalton Convention and Visitors Bureau in
by sharing a bequest.
Simply include the fol- two staff members and new cooperation with the fund . Supported by
lowing statement in your people to its National Council . IZenay Leone grants from the National Park Service and
will : joined the Fund to head the Upper Missis- the Turner Foundation, the full-color bro -
"I leave The Conserve- sippi River Watershed Program at a new chure includes a campaign narrative accom-
tion Fund $ Minnesota office (952 / 474-9189 , renayleone paned by detailed battle maps .
or IN of my estate @earthlmk .net, 6459 Smithtown Rd . , Excel-
for its charitable work . " sior, MN 55331 ) . She came to the Fund from 2 Leaders of 28 of the nation' s top conserva-
For more information,
contact Liz Madison the Minnesota Land Trust, where she was tion organizations recently spent three days
(703 / 525-63001 executive director for six years . Leone, an in Shepherdstown, W . Va . , to discuss ups
Imadison@ attorney, built the trust from a single-person and downs of the increasingly complex job
conservationfund . org) . office into a professionally-staffed statewide of running a non-profit organization . John
organization with headquarters in St . Paul . Morgridge, chairman of Cisco Systems, and
She helped the trust protect more than Chad Holliday, chairman and CEO at
15 , 000 acres of open space and habitat worth DuPont, discussed how their experience
more than $20 million . Christine Fanning guiding large corporations in the private sec-
has been named marketing and communica- for might help nonprofits tackle challenges
tions manager at the Fund . Before coming posed by new technologies, market forces
to the Fund, Fanning ran her own photogra- and regulations . Faculty from the Wharton
phy and marketing business in Belize, Executive Education Program taught the
Central America . seminar, which was held Oct . 30—Nov . 1 at
Truman Semans, who recently retired as the National Conservation Training Center .
vice chairman of Brown Investment Advi- The Conservation Fund and the Natural
sory and Trust Co . in Baltimore, Md . , joined Resources Council of America sponsored
the Fund ' s National Council in August . Tho- the workshop .
AIN
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34
n dE.Vi 1AW F s o. b server. o Published : Sunday , November 26 , 2000 7 : 42 p . m . EST
Region I s flood risk rising
By RICHARD STRADLING AND BARBARA BARRETT , Staff Writers
As roofs , streets and parking lots spread across the Triangle , the region is awash in a rising tide of storm water .
Rain that once soaked into the ground now overflows gutters and storm drains , picking up oil , gasoline , trash and
silt . Dirty water scours the banks of creeks , turning them into little more than drainage ditches . Streams jump their
banks more often .
The result : Water from the worst downpours seeps into homes and businesses that never used to flood , while
neighborhoods with a history of flooding are waterlogged more often . Governments must spend millions to replace
undersized storm water pipes and culverts and buy out flood - prone property . And the state and federal governments
say storm water has become a major source of water pollution .
" Actually it affects us all , " said Raleigh City Councilman John Odom . " And it ' s not going away at all . It ' s getting
worse . "
Triangle residents were spared the full impact of development - related flooding for years , because tropical storms
rarely struck the region . That lull ended in 1996 with Hurricane Fran . Today , because of development , the National
Weather Service issues flash flood warnings for storms that wouldn ' t have gotten much notice 20 or 30 years ago .
" We are aware of that , " said National Weather Service meteorologist George Lemons , " and we try to give people
sufficient notice . "
To control the water washing over the Triangle , cities and towns are looking at new regulations . They are forcing
developers to come up with ways to capture and filter the storm water on their property . And they are creating
development -free zones , or buffers , along creeks and rivers , to let more rainwater seep into the ground .
But mimicking nature ' s ability to hold and cleanse water is expensive and far from foolproof . And local officials face
apathy about a problem that doesn ' t seem like one when it ' s not raining .
No - longer- Little Creek
The flow of storm water surprised Jack Olin and the other residents along Little Creek one night in July , when a line
of thunderstorms stalled over Chapel Hill , dropping up to 7 inches of rain in a few hours . Water poured into drains
and ditches , building into torrents that overwhelmed creeks , pushed open doors at Eastgate Shopping Center and
toppled refrigerators inside apartments at Camelot Village .
About a mile downstream from Eastgate , Little Creek jumped its banks , rising into yards and basements and the
Pontiac Grand Prix in Olin ' s driveway . As much as 3 feet of muddy water washed over Cleland Drive , blocking utility
workers from a disabled pump station as more than 2 million gallons of untreated sewage spilled into the creek .
" No question that the development that ' s been going on north of us is responsible for what ' s happened down here , "
Olin said .
Development alone didn ' t cause the flooding in Chapel Hill , experts say , but it did make it worse .
Development in the Triangle also didn ' t cause the flooding Down East after hurricanes Fran and Floyd . But it
undoubtedly aggravated the floods , said Stan Riggs , a geology professor at East Carolina University in Greenville .
" If you put more water in up there , that means we ' re going to go under water faster down here , " Riggs said .
No one has quantified how much excess storm water development produces in the Triangle . Hard surfaces can
increase flooding in streams miles away , simply by channeling storm water into pipes instead of letting the ground
absorb it .
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35
Filling the area that drains into a stream with houses on half - acre lots can cause four times as much water to run off
the land , said Bill Hunt , a storm water specialist at N . C . State University . Add parking lots , and the numbers rise . A
stream will flood 10 times to 20 times as often if the area upstream is fully developed .
" It ' s a price of progress , " Hunt said .
Flood plains expand
Development in the flood plain - - the flat land along streams and rivers - - also magnifies flooding . Houses and
shopping centers eliminate places where water would naturally go , forcing it to spread out .
Government once did little to control building in flood plains , allowing projects such as Eastgate in 1961 and the old
Kmart at Six Forks and Wake Forest roads in Raleigh in 1964 .
When governments did enact regulations , the rules were designed to protect people and buildings , not the flood
plain . In Raleigh , for example , construction in flood plains remains OK if buildings are elevated above the depth of a
100 - year flood - - the flood that has a 1 percent chance of happening in any given year .
The rules provided a second chance to the Kmart property . Crabtree Creek had risen into the store several times
over the years .
After Hurricane Fran , though , the Kmart stood empty for two years before a Mount Airy company ripped down the
building , trucked tons of dirt into the flood plain and built a new shopping plaza on top . The plaza stayed high and dry
after Hurricane Floyd last year , but likely contributed to flooding downstream .
Today , more than 5 , 000 Triangle homes and businesses carry flood insurance because they ' re in flood plains - - up
from 419 in 1990 . Much of the increase was caused by continued building in flood plains .
But some has resulted from development , as the increased flow of water caused flood plains to grow .
When David Dill ' s house was new 25 years ago , it sat just outside the flood plain of Little Creek in Chapel Hill ,
overlooking thick brambles and trees that hide the creek . A survey of the property in the mid - 1980s , however ,
showed the flood plain had risen to the edge of his foundation , forcing Dill to buy flood insurance .
Dill teaches public policy at UNC - Chapel Hill and says his students would recognize storm water in town as a
" negative externality , " a cost that developers pass on to others .
" It places at risk people who originally built in areas that seem to be safe , " Dill said . " The costs are being borne by
people who live downstream . "
The Durham City- County Planning Department sees the change in its flood plain maps , which show the 100 - year
flood zone . The depth of a 100 -year flood rose an average of 3 feet between 1979 and 1996 . In some places , the
added depth expanded the flood plain hundreds of feet , taking in houses and streets .
Along Northeast Creek , near Pete Schubert ' s house in the Carpenter Fletcher neighborhood , the 100 -year flood rose
10 feet in places .
" There ' s water in back yards where there was not before , " said Schubert , a geologist and civil engineer with the
Environmental Protection Agency .
But across much of the state , federal flood maps are outdated . After Hurricane Floyd , the state government took
over and expects to map the entire state by 2005 , at an estimated cost of $ 62 million in state and federal money ,
said project coordinator John Dorman .
The state plans to update flood plain maps in fast - growing regions every few years to account for development . But
the maps are snapshots of a moving target . They fail to account for development ' s effect on the flood plains and
allow people to build in them unwittingly .
" The reality is that by the time all the mapping ' s done and they ' re through the process , it ' s out of date , " said Dave
Canaan , director of Charlotte - Mecklenburg County Storm Water Services .
Charlotte - Mecklenburg officials are spending $ 1 . 2 million to draw maps that show not only where the flood plain is
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now but also where it will be when land upstream is paved and built upon .
36
The city and county will use their maps to decide where people can build . In many cases , developers will end up with
less land for building , which made them leery of the new maps . But in the end , most came to see the mapping as
necessary , said Mark Cramer , executive director of the Real Estate Building Industry Coalition , a local trade group .
" Nobody wants to build a house that may flood , " Cramer said .
Search for solutions
The main approach to controlling storm water hasn ' t changed much since the Romans used pottery pipes to drain
their streets more than 2 , 000 years ago . Modern curbs and gutters and concrete - lined drainage ditches are still
designed to carry away rain as efficiently as possible .
But often these drainage systems merely send more dirty water downstream . So local governments limit the amount
of storm water that can flow from new development . Developers often can decide how to comply , and most choose
storm water ponds , for decades the chief weapon against urban flooding .
The ponds are supposed to collect water during big storms and slowly release it or let it soak into the ground . Shelley
Lake in Raleigh and Lake Crabtree in Cary are big storm water ponds . Smaller versions dot shopping centers and
subdivisions , tucked behind chain - link fences or dressed up with fountains .
But the ponds are often forgotten or not maintained , said Rooney Malcom , a civil engineering professor at NCSU .
Malcom shows a slide of what looks like a thicket at an apartment complex near Lake Johnson in Raleigh . It ' s
actually an old storm water pond that has filled with debris and sprouted a forest .
" I thought these were a great idea in the 70s , " he told a group of engineers last year . " But they are simplistic . "
The ponds also do little to control nutrient pollutants , such as nitrogen , one of the big targets of the state ' s new
Neuse River regulations , said Nancy White , head of extension programs at the NCSU School of Design .
Those regulations , which eventually will cover the Cape Fear and other river systems , force developers and
engineers to consider new techniques that cleanse storm water as well as slow it down . These include man - made
wetlands and " blowretention cells , " in which plants and soil filter storm water .
" We ' ll probably see a lot of new stuff out there , " said Mark Senior , a Raleigh storm water engineer . " People are going
to have to start getting creative . "
Some communities , including Cary and Durham , also strictly limit building in all or most of the flood plain . Builders
greeted Durham ' s new restrictions with mixed reaction . Last year , developers and environmentalists agreed to curtail
building in flood plains , but they split over how much to allow .
In Wake County , most developers and builders support leaving 50400t buffers along streams untouched , as the
state ' s Neuse River rules require , said Jim Wahlbrink , executive director of the Home Builders Association of
Raleigh - Wake County . But Wahlbrink said they say the 100 - foot buffer recently adopted by Cary is overkill .
Controlling storm water also can conflict with other goals , Wahlbrink noted . Local officials often require expensive
curbs and gutters for aesthetic reasons , he said , while cheaper drainage ditches and swales would allow more water
to soak into the ground .
Keeping development away from streams also increases housing costs , Wahlbrink said , particularly in the Triangle ,
where much of the good , flat land already has been developed .
" The ground left is a little more rugged , " he said . " You ' re going to have more areas that have stream areas running
through them . That will greatly affect the values of those properties . "
Floods to come
Chapel Hill officials began to pay more attention to storm water even before the July storm . They ' ve looked at ways
to reduce pavement by limiting parking in new commercial projects and allowing narrower streets in residential
areas . They hired Fred Royal , the town ' s first storm water engineer , last winter and formed a committee to study the
town ' s approach .
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" Our storm water rules are grossly outdated , " Royal said .
Though homes and businesses occupy most of Chapel Hill , plenty of open land remains upstream of Eastgate ,
Camelot Village and the neighborhoods along Little Creek . Without a new approach , Royal said , the flooding will get
worse .
" It ' s such a large area ; over 15 square miles drains to this point , " Royal said . " The clock' s ticking . "
At Eastgate Shopping Center , uneasy business owners have come up with their own crude defense .
Twenty- nine 50 - pound bags of sand sit in neat stacks against the wall in front of the Somerhill Gallery . Most
neighboring businesses also have their own supply of sandbags to help ward off the next flood .
Twice since July , when the forecast called for rain , gallery employees barricaded the front door before leaving for the
night , said assistant director Ryan James .
" We just duct-taped around the door and piled up sand bags in front of it and hoped for the best , " James said .
" When they ' re calling for heavy rain , you ' re not sure what you ' re going to find when you come in the next day . "
Staff writer Richard Stradling can be reached at 829 =4739 or rstradli C nando . com
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