The Town of Boone s Proposed Water Intake South Fork of the New River, Todd, NC. A Narrative History and Analysis of Events

Transcription

1 The Town of Boone s Proposed Water Intake South Fork of the New River, Todd, NC A Narrative History and Analysis of Events The Town of Boone has two raw water intakes: 1) the primary water intake is located behind the Armory on the South Fork of the New River where Boone may draw a maximum of 3 million gallons per day (MGD). Boone also has a water treatment facility with the capacity to treat 3 MGD. The Town of Boone s current water intake is upstream from the waste water treatment facility. The proposed water intake will be downstream of the waste water treatment facility. The Town of Boone commissioned a water study in 2004 to support the necessity of a new water intake and to garnish the support of citizens for a bond referendum to build such intake. The study showed Boone was using 86% of its reserve. However, the actual use numbers that Boone submitted to the NC Department of Environmental & Natural Resources (NCDENR) shows that Boone exceeded 70% (not 80%) a handful of times (probably due to leakage). [The Town of Boone is claiming now that its current usage is below its prior projections. Could be they exaggerated the projection?] Appalachian State University (ASU), the Town of Boone and Watauga County representatives held round table regional water intake discussions in 2005 which did not produce any positive results. ASU representatives stated they had more water than needed and enough to help Boone meet its needs. Watauga County representatives didn t feel they were prepared to move forward with a regional intake and Boone felt they didn t have time to wait. In 2008 voters approved a bond referendum for $25 million to build a new water intake. This bond will not fund all right-of-ways, condemnation purchases as well as other unexpected costs due to lack of due diligence. In 2008, Boone entered into a contract to purchase 10 acres of property, in Watauga County, along the South Fork of the New River in Todd near the intersection of Railroad Grade Road and Cranberry/Brownwood Road. The purchase was settled on 2/17/2009. The assessed tax value of this property is $220,000; Boone paid $850,000 (plus closing costs and attorney fees). Boone and Ashe County officials held a public hearing in 2009 at the Westwood Elementary School, with approximately 200 people in attendance, prior to completion of the Environmental Impact Study commissioned by Boone. There were more questions and concerns than answers. Boone applied for a water quality reclassification of a portion of the South Fork of the New River in Todd from Class C ( recreation, fishing, fish propagation, fish consumption and agriculture ) to WS-IV (public drinking water supply class watershed IV). As part of the application process NCDENR had to obtain resolutions from Watauga County and Ashe County to agree to the reclassification of the watershed [land area where all precipitation (rain, snow, etc.) and surface and groundwater all flow/move to same downslope location (lake, river, marsh, ocean).

2 The Ashe County Commissioners passed the resolution to reclassify the Ashe County properties in the affected watershed on 4/4/2011. The Ashe County Commissioner minutes and resolution indicate Ashe County staff may have misled the Ashe County Commissioners (intentionally or not?) as to what they were voting on. The resolution passed by the Ashe County Commissioners read: reclassification of a segment of the South Fork of the New River in Watauga County (the resolution should have read Ashe County --- not Watauga County). Records indicate the citizens of Ashe County were asking the Records show Ashe County Commissioners were told there was nothing they could do. And, the record of Ashe County Commissioner comments distinctly shows the commissioners were under the impression the project didn t affect any property in Ashe County. Ashe County was later misled when they held a public hearing to amend their watershed map on 3/18/2013 after NCDENR reclassified the watershed. The Ashe County Commissioners were, according to NCDENR, bound to their 4/4/2011 resolution where they also resolved to amend their map within 270 days following the actual reclassification. Records show the Ashe County staff placed a small ad in The Jefferson Post on 3/8/13 alluding to a reclassification without any specifics. However, the results of the public hearing were moot, as Ashe County Commissioners were bound by their 4/4/2011 resolution (done without a public hearing). (Please note this reclassification affected 672 parcels of land in Ashe County and a lot of the affected property owners are not full-time residents of the county. These property owners, as well as, the fulltime residents, may not be aware of the land use changes made to their property.) And, Ashe County is bound to enforcement of the land use (watershed) regulations affecting these properties. Records indicate the Ashe County commissioners voted on 3/18/2013 for the watershed changes without seeing a copy of the map of the affected parcels of property. Records also indicate the Ashe County Commissioners were told they were required to make the amendments due to current legislation. The Ashe County Commissioner meeting minutes read: The original reason for the reclassification was construction of the Boone Water Intake facility. The changes are necessary to bring Ashe County maps under current legislation. The reclassification will add a critical area which is closest to the water intake, and adds a protected area which is 10 miles further by upstream. The Planning Board recommended to approve the reclassification and to send to the state by the due date of March 30, Dr. Mitchell noted that these changes will not affect the current status of the Boone Water Intake project. The changes are necessary to bring Ashe County maps under current legislation. Planning Director Adam Stumb provided an explanation of the amendment. Chairman Rhodes opened the public hearing at 3:35 p.m. No comment was offered. The public hearing was closed at 3:36 p.m. Vice Chairman Poe made a motion to approve the amendment to Ashe County Watershed Map as presented. Commissioner Roark seconded the motion. The motion passed with unanimous approval. The following are notes regarding the misleading information in the above minutes: The original reason and the current reason were the same the Town of Boone s Proposed Raw Water Intake. The 4/4/2011 resolution, according to NCDENR, bound the Ashe County commissioners to the adoption of the reclassification map on 3/18/13.

3 The 4/4/2011 resolution for Ashe County made reference to only Watauga County and not Ashe. We could not find where legal counsel was consulted. Staff consulted with NCDENR. There was no map to show the affected Ashe County properties in the meeting packets. Without such map, how did Ashe County Commissioners approve the reclassification map? Record shows the Planning Board approved the reclassification map because they were told they had to by law and the deadline for doing so was 3/30/2013. They were told of substantial penalties that could be accessed to Ashe County. This is not a recommendation as stated in the minutes, but rather a mandate by law. The changes were not necessary to bring Ashe County maps under current legislation. They were required, according to NCDENR, because Ashe County bound itself to do so in the 4/4/2011 Ashe County resolution (see the last sentence of the Ashe County resolution which states: And the Ashe County Board of Commissioners will adopt and implement the necessary ordinance(s) to meet the state minimum requirements for the proposed (WS-IV) watershed within 270 days of the effective date of the reclassification of such catchment area.) [A question, if the 4/4/11 Ashe County resolution referred only to Ashe County, then did the Ashe County Commissioners actually agree to the reclassification of the watershed that NCDENR later required Ashe County to adopt on 3/18/13? The answer, we believe they did not. It is NCDER that told the Ashe County staff that they had until 3/30/13 to adopt the reclassification map or face substantial penalties. NCDENR had a copy of the 4/4/11 resolution. Did NCDER just rubber stamp the process? The answer, we believe they did and Ashe County Commissioners should confer with legal counsel.] Affected property owners were notified by an obscure small ad run in The Jefferson Post on March 8, This could account for the lack of public comment. Comments by the public would not have any bearing on the outcome of the board s vote; the board according to NCDENR, was bound by the prior resolution of 4/4/2011. The Watauga County Commissioners signed the resolution to reclassify the South Fork of the New River on 5/3/2011. The Watauga County resolution referenced a portion of the South Fork of the New River in Ashe and Watauga County. Watauga County Commissioners held a voluntary public hearing. Citizens received a detailed noticed in the mail which smacked of propaganda and intent of the Watauga commissioners to give approval. At the public hearing, on 4/19/2011, the Watauga commissioners received several comments against the intake with only two comments in favor of the intake (Boone officials being one). The Watauga County Commissioners tabled their vote until 5/3/2011. Chairman Miller asked Boone officials to remember this when the Town of Boone was voting on the county s water allocation for the old high school property (Watauga County Commissioners have the old high school up for sale. Because the property is located in the corporate limits of Boone, the Town of Boone controls the amount of water allocated to the property for development.) On 4/26/2011, one week after the public hearing, the Town of Boone approved the county s application for 200,000 gallons per day. And, on 5/3/2011, the Watauga County Commissioners voted 5-0 to reclassify the affected

4 watershed in Watauga County. Watauga citizens were sold down the river for a water allocation which Boone eventually withdrew. The Watauga County Commissioners held a required public hearing in 2013 to amend their watershed map for the reclassification. Again, they sent out a similar letter that smacked of propaganda. The Watauga County Commissioners were bound to the prior resolution of 5/3/2011 and the comments of the public had no bearing on the commissioner s vote. However, the Watauga County Commissioners lamented about being bound to approval of a map that was sanctioned by another board (prior board of commissioners), for a reclassification they would never have sanctioned; and complained they were misled by Boone. Records show that the NC Environmental Management Commission (NCEMC), the final approval needed for NCDENR to reclassify the river, had concerns regarding the impact on flow, impairment, a wastewater discharge upstream and flooding. Those concerns were put aside by a perceived overriding need for drinking water. So, the reclassification was approved in January 2012 by the NCEMC. Please note, it was NCDENR, without independently verifying Boone s stated needs, who reassured NCEMC there was a need for this additional water. Because there were several negative comments made by the public, enough for a special provision calling for approval by the General Assembly, State Representative Jonathan Jordan put a bill in that was given the name, Kill Bill, to stop the Boone Water Intake. However, the Town of Boone lobbied the General Assembly and garnished enough support from other members of Jordan s party (members from other districts of the State) to keep Jordan s bill in committee. Ashe County and Watauga County had one more card to play. The Ashe County Commissioners played their card by not signing Boone s application for Conditional Letters Of Map Revisions (revised flood maps for Ashe County), claiming Boone had not responded to several requests for flood impact information and with the knowledge that several Ashe County property owners would have their land put in the flood plain that would not otherwise be in such flood plain. Ashe County sent a refusal letter on September 24, 2012 to FEMA. On the other hand, Watauga County approved Boone s application for Conditional Letters OF Map Revisions (revised flood maps for Watauga County). A question, if Watauga County Commissioners truly lamented about having to adopt the reclassification map, then why did they sign this application? We understand that Joe Furman, Watauga County Planning & Inspections Director signed the CLOMR and stated he did not need the approval of Watauga County Commissioners. We believe a high profile project like this would warrant the approval of the Watauga County Commissioners. On October 10, 2013, W.K. Dickson submitted a No-Rise Certification to Watauga County on behalf of the Town of Boone. The No-Rise Certification certified that the proposed raw water intake project had no effect on the flood plain. However, on March 7, 2013, FEMA sent a letter to W.K. Dickson stating there was a change to the floodplain. Unlike a CLOMR, the No-Rise Certification does not go to FEMA for review, it goes directly to the local community (Watauga County in this case) for review and approval. Joe Furman, the Watauga County Planning & Inspections Director approved the No-Rise Certification and issued a Floodplain Development Permit without review and without approval of the Watauga County Commissioners on October

5 23, He stated 1) he didn t need the Watauga County Commissioners approval, 2) he didn t review the certification because he is not an engineer, 3) if it has an engineer s seal on it, he accepts it, 4) the county would have to hire an engineer to review it and they had never done that before. Mr. Furman also said the road was not going to be a raised road; however, the road is 5 to 10 above the current grade. We do not believe that Mr. Furman looked at the plans included in the No-Rise Certification. Mr. Furman also said he had told the Town of Boone this is what they should have done from the beginning. We believe the Town of Boone has found an ally with Mr. Furman. We noted that the Floodplain Development Permit was applied for in Boone s Water Use Committee has discussed shelving the intake; however, it has not come to a vote. Boone Town Council voted to stop all future water hook-ups beyond the corporate limits of Boone on July 25, [There are approximately 17,000 residents in the corporate limits, all using public drinking water. There are less than 400 water hookups in the Extra Territorial Jurisdiction (ETJ). And, a handful of water hookups outside of the ETJ limits. And, further more people aren t beating down the doors for hookups. The water customers in the ETJ pay twice the rate of the customers in the corporate limits.] This is not the first time that Boone opposed providing water to unregulated growth areas. According to High Country Press article dated September 9, 2013: According to July 23, 2013 Meeting Minutes, the vast majority of Town of Boone Water Use Committee members present opposed supplying any water derived from the proposed intake system into unregulated growth areas outside of Boone. In 2013 the Extra Territorial Jurisdiction (ETJ) was regulated so the unregulated growth area was anything outside the ETJ and Boone s corporate town limits. [Please note that towns are allowed to take up to 1 mile outside of their limits as ETJ area without approval of the counties. The Town of Boone has been lobbying to have the laws changed so they could take ETJ control without any limit and without approval of Watauga County Commissioners.] The Town of Boone has not been transparent and has provided misleading and contradictory information since the beginning of the proposed raw water intake project. The Town of Boone cannot grow at any significant rate nor has it shown any desire to. The Olive Garden and Red Lobster was not welcomed by Boone and opted for Wilkesboro. Even Crispy Kreme couldn t get in. Target, a big box retailer, was not welcomed. As for large multi-family housing, that is taboo! Boone is looking for low impact growth single family homes, duplexes, local mom and pop businesses. This lack of the ability to grow coupled with the type of growth Boone desires, the water needs are not there. The Town of Boone has made it clear they want Boone-style zoning in the county; otherwise, they will not give any water. The water intake is about control of the water supply and therefore back door zoning authority and has nothing to do with need. With obvious limited growth capacity and lower than projected water consumption, the Water Use Committee is now claiming they need the new intake because the current intakes are not healthy. They do not mean the drinking water is bad. In fact, the Town of Boone received an award in July, 2014 for the high quality of their drinking water. The current intakes are unhealthy for the river. The South Fork of the New River, according to NCDENR, is impaired

6 from the beginning of the Town of Boone s current water intake to the Watauga County Industrial Park. The Water Use Committee now proposes to make the current intakes secondary and the proposed intake primary. (They have messed up their backyard and now want to go 12 miles outside their city limits into our backyard and mess it up.) The Town of Boone brags about the latest design features of taking water from under the surface. State Legislation allowing this design is relatively new. And, according to USGS, pumping this volume of water from ground water, close to surface water, is not healthy to the surface water or ground water downstream. The Town of Boone suggests the water flow will not be impacted because 90% of the water taken out will be put back in the river after it is treated. However, if the treatment plant is upstream from the water intake, then the 4 MGD that is drawn at the intake at the Ashe County line, taken to Boone, treated, sent out for human consumption, returned to Boone as waste, treated, dumped back into the river and picked back up at the Ashe County line again; it stands to reason that downstream from the intake will never benefit from the recycled volume. On day one, 4 million gallons will be lost to downstream. And, if only 90% of the water taken is returned, then there is a loss of 400,000 gallons per day downstream. How long will it take to impair the river downstream from the proposed intake? One response was, Sometimes you have to build it before you know what the impact is. The Water Use Committee complains about wells. This is just another failed attempt to justify the water grab. Our terrain limits the wells and naturally controls growth in the county. A water intake fuels high density growth which will also be unhealthy for the river. Finally, there has long been a power struggle between ASU, the Town of Boone and Watauga County. ASU keeps expanding, with every purchase reducing the tax-base, significantly impacting the tax base of the Town of Boone. ASU is not subject to zoning laws and has its own water supply. The Town of Boone and Watauga County have been continually lobbing grenades back and forth. Watauga County changed the sales tax allocation reducing the Town of Boone s sale tax allocation by $2 million. The Town of Boone took the water allocation from Watauga County for the old high school property. The County lobbied the legislature to take ETJ regulatory power from the Town of Boone. The Town of Boone has stopped all new water hookups to the ETJ (this is purely political posturing). And, now Watauga County is lobbying the legislature for a regional water intake. Some members of the Water Use Committee are concerned the Town of Boone will build the intake and have it taken by another authority (they are most probably correct). We should contact our local representatives, Senator Dan Soucek and Representative Jonathan Jordan, to let them know that WE DO NOT WANT Boone s proposed water intake, regional or otherwise. NO water intake is healthy for the river. Water intakes are therefore detrimental to the other uses of the river such as recreation, fishing, fish consumption, fish propagation and agriculture! Applications for water intakes should not be rubber stamped. Before a water intake is approved it SHOULD be justified by an open, transparent and independent study. Boone is using the raw water intake as nothing more than a power tool ; a power tool in the long time power struggle between Boone, ASU and Watauga County. Every use of the New

7 River has an economic value, which should be considered when making decisions for the general welfare and economic well-being of the citizens.