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August 18, 2011


Steve Bocckino

One of the most important issues is runoff. The 751 S developers have pledged to meet the limits on nitrogen and phosphorus mandated by the Jordan Lake rules.

But when Councilwoman Diane Catotti asked whether the developers could meet those limits on site, the city staff told her no, they couldn't. They'd have to buy credits offsite.

That means they could still dump their pollutants into Jordan Lake, the drinking water supply for half a million Carolinians. Along with the nitrogen and phosphorus, asphalt runoff contains carcinogens, like polyaromatic hydrocarbons. Those pollutants can kill us. Maybe it's not such a good idea to build a city on the banks of our reservoir.

Tar Heelz

Would "buying credits" meet the zoning condition of meeting the limits of the new Jordan Lake Rules?

Seems that the wording of the profferred commitment will matter.

Sean Hamel

If I am not mistaken 404 permitting rules state that the nutrient offset credits that would be purchased still have to be purchased within the same water basin, in this case the Jordan Lake basin. So while indeed mitigation would not be done onsite, the net impact to Jordan Lake would theoretically be zero.

Steve Bocckino

It's very hard for me to believe that N and P offsets on land miles away from Jordan Lake can balance massive release at the lake's border, even if they are in the same basin.

And the Jordan Lake rules don't address non-nutrient pollutants form asphalt runoff, etc.

That is the whole rationale for restricting development in areas close to our reservoirs.


thanks for all your hard work and attention over the years Mr. B---.


Broken system...broken rules...(nothing against attorneys) but lawyers should be involved when all other options are exhausted...not EVERY zoning case.

Steve Bocckino

EVERY zoning case? Hardly!

It's very, very rare that a rezoning results in a lawsuit. The fact that this development has been the subject of three lawsuits should tell you something about the litany of irregularities involved: the radical change to the Comprehensive Plan; the acceptance of a survey paid for by the developer; the unilateral (hence improper) decision to change the Jordan Lake boundary by Planning Director Frank Duke; and the disregard of not one, but two, valid protest petitions.

This case will be written up in land planning textbooks as a model of how NOT to do things.

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