Keeping our water clean
Commisioners want public input

The Clay County Commissioners and the Clay County Soil and Water Conservation District board are holding a public meeting, October 9, 2007 at 7 PM in the new courthouse conference room. The guest speaker, Marc Pruett, Sedimentation & Erosion Control Officerin Haywood County, NC, will present an informative slide show regarding Erosion & Sedimentation and how it is being addressed. The audience is invited to attend and bring their comments, questions and suggestions.

The County Manager and the Soil and Water officesreceive numerous telephone calls with questions and complaints regarding erosion and sedimentation. People want to know how they can protect their property and what regulations or laws are in place to help them.

Many living in Hayesville consider our clean, mostly rural environment, to be one of this state's natural beauties. In fact, our beautiful environment is often taken for granted. We may only realize how fortunate we are when a visitor points out how lucky we are to live here. Much of this abundant beauty is due to our agricultural heritage. The well kept farms, clean streams lakes and ground water help keep Clay County's positive image. However, clean water doesn't happen by itself. There are many sources of pollution that can easily change our good image.

The laws that effect and manage sedimentation in North Carolina were established in 1973 when the General Assembly in NC passed the North Carolina Sedimentation and Pollution Control Act. This law requires

that anyone involved in landdisturbing activities to take special precautions to reduce soil erosion and prevent sedimentation damage to waterways and properties. The law includes four mandatory standards:

Prior approval of erosion and sedimentation control plan for sites one acre and larger Slope stabilization Establishment of groundcover Stream buffer zones.

The laws for land disturbances require the installation and maintenance of sufficienterosion control practices to retain all sediment within the boundaries of the site.

It also requires that the site be stabilized within 15 days but no longer than 90 days after the completion of the disturbance.

The laws regarding the disturbance of a site or sites greater than 1 acre require an erosion and sedimentation control plan be submitted a minimum 30 days prior to the disturbance. The regulatory agency must then approve the plan before any land disturbance greater

than 1 acre.

During the construction the person financially responsible for site development is responsible for compliance with the laws.

After construction the landowner or person managing the land is responsible

for compliance

and the maintenance.

The North Carolina Sedimentation Control Commission provides the authority to Department of Environment & Natural Resources, the Land Quality Section, to administer these programs. The North Carolina Sedimentation Control Commission may delegate authority to local governments to adopt a qualifying local erosion and sediment control ordinance in compliance with State requirements. Local governments may opt to take over this program in their respective county. However, local ordinances must be at least as stringent as State Law. An ordinance is a formal document adopted by a town council or board of county commissioners that is the local government's equivalent of a statute enacted by the Congress or a state legislature.

The Clay County Commissioners want to manage our sedimentation & erosion problems locally. This local contact will expedite the problem solving process. Therefore, the commissioners are exploring the possibility of adopting a local Sedimentation & Erosion Control Ordinance and would like to have public input. Please with a land transfertax. And if a land transfer tax is passed, Commissioners have said that it would be split three-ways between the schools, the water and sewer system and other capital projects within the county. So, with only receiving a portion of any new tax revenue, the school system would still need some other type of revenue to cover a $10 million loan. A school bond would be another option available to the county. Commissioners would have to approve a bond issue to be placed on a ballot for public vote by Clay County residents.

County Manager Leek pointed out that the county is still paying off the last school bond from 1986 which was for $2 million and was used to build the current elementary school and other renovations. Leek said that loan would be paid off in 2019.

In addition, Leek said the county has many pressing needs including additional space for social services, water and sewer expansion and outdated facilities at the Sheriff's office.Basically, there are a lot of needs andnot enough money to go around. Commissioners told Penland and the board that they are all for a new school, but that the question of whether or not the county can afford it will have to be answered.

Penland told Commissioners that a school would have to be built sooner or later and that with each passing year the price will go up. With two mobile units sitting on the last available space on campus, Penland said they are certain to have at least one more, if not two, next year. And he said that right now he has no idea where they would put them. He also pointed out that as revenues increase over the years due to inflation, the payment on a loan will stay the same and become less and less of a burden. "We've got to do it," Penland and the school board told commissioners. "And we will continue to look at the best ways we can do it…We'll keep looking at building options and ways to finance it."

Penland stated that if they had the money tomorrow a new school would likely be ready to occupy by the fall of 2009. But the longer they wait to begin construction, the more crowded the system is likely to become and the further out that completion date will be pushed. Penland estimates that it would take approximately two years to complete the construction of a new school.

Commissioners and the school board certainly did agree on one issue - that the state is not offering any help to local governments and school systems. "They keep taking away our funding from us," Commissioner Doc Sellers commented.

"It's up to the people of Clay County to come up with the money for a new school," Penland agreed. "We had hoped the legislature would come through for us, but they didn't."

Commissioners and school board members agreed that the state is sending the message that "we are going to have to take care of ourselves."

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