After hearing four hours of testimony from the proponents and opponents of MHK Ventures’ request for Planned Unit Development-Hamlet [PUD-H] rezoning for the proposed Pine Forest Golf Club, the Moore County Board of Commissioners decided to suspend a quasi-judicial public hearings until their March 1 meeting. After all public hearing testimony is reviewed, the Planning Department is expected to bring its recommendations to the Board’s March 15 regular meeting.
Concern that Pine Forest might threaten the headwaters of Nick’s Creek headwaters was raised by opponents of the rezoning request during the initial January 18 Public hearing on the matter and continued to be a primary topic of discussion during the hearing Tuesday night. Commissioner Larry Caddell, a former Mayor of Carthage, which depends on Nick's Creek for its water supply, has withdrawn from consideration of Pine Forest, because he felt he could not rule impartially rule on the rezoning due to his intimate knowledge of and history with the creek.
At the January 18 hearing a number of Pine Forest opponents argued that the developer could legally take water from Nick’s Creek if it were needed to irrigate golf courses or common areas, and the County’s hands would be tied on the matter.
Riparian rights at issue
At Tuesday night’s meeting the Planning Department offered a definition of "riparian rights," which allow a landowner to make “reasonable use” of water adjacent to his property as long as it does not “injure” the rights of downstream riparian owners. Chairman Nick Picerno asked if Lake Auman in Seven Lakes, which is the headwaters of Drowning Creek, was similar in nature to Nick’s Creek and Carthage. Public Works Director Dennis Brobst could not confirm any similarities, but did say that during a drought a “minimal release” of water is required, as outlined in a permit for Lake Auman.
The Planning Department pointed out that the Board does not have the “proper authority” to decide legal issues pertaining to riparian rights — rather, a court of “competent jurisdiction” would have to rule on the matter. MHK Ventures' Attorney William Van O’Linda asked to add an additional document to the Pine Forest rezoning application that reads: "they [MHK Ventures Inc] never have had intentions nor will they have intentions to use the water out of Nick's Creek for the purpose of irrigation or potable water supply. The primary source of water for irrigation will be from treated waste water. An additional potential source of irrigation water for the project may include storm water recapture and there will be no wells drilled on this site for the purpose of irrigation of golf courses."
That addition and some legal mechanism to prevent it being changed in the future would ease a lot of minds if “that snake were dead” said Save Our Sandhills [SOS] attorney David Rooks. Whispering Pines Mayor, Bob Zschoche asked that the rezoning be made subject to a condition that MHK will not withdraw water from Nick’s Creek or any “blue line streams” in the area of the Pine Forest development. Zschoche said installing “monitoring stations” on the streams being discussed would ensure water was not withdrawn.
The question of whether MHK's rezoning application can be altered — at this stage in the process — is being further reviewed by County Attorney Misty Leland.
Opponent's credentials questions
The discussion became heated during the public hearing when MHK attorney Van O’Linda tried to pre-empt certain testimony given by opponents of the PUD. Bill Huber, a retired engineer, was testifying about water shortages and supplies in Moore County, when Fred Hobbs of MHK's consulting engineering firm Hobbs Upchurch and Associates stood up and asserted that his firm is not trying to, “hoodoo the Board or the County or the public” and reiterated that, “it is simply not true” that the development will need to access Nick’s Creek for irrigation water.
Hobbs said water for irrigation would come from “scalping” 350,000 to 750,000 gallons of untreated wastewater from the county sewer system and treating it for reuse as irrigation water.
Van O’Linda asked Huber to state his credentials as a water expert and then asked for Huber’s testimony to be excluded from the hearing when he could produce no such credentials.
That strategy for excluding testimony did not sit well with Commissioner Tim Lea who said, “if you are going to question qualifications you can ask that of any of the four us” as he pointed to the panel of Commissioners. It is the Boards responsibility to act as judge and jury, Lea added, and while he appreciated the objection, it is better to get all the information on the table now.
County Attorney Leland said that a quasi-judicial hearing leaves more room for information to be brought to the Board from all individuals, but added that it would be noted that Attorney Van O’Linda asked for anyone without proper credentials to have their testimony excluded from the hearing.
Hobbs-Upchurch answers questions
Hobbs Upchurch and Associates, as the consulting engineers on Pine Forest, responded to questions in several key areas that were brought up during the January 18 public hearing.
Tom Goodwin, a Hobbs Upchurch engineer, addressed the Traffic Impact Analysis and confirmed with the NC Department of Transportation [NCDOT] that NC Highway 211 is set for expansion in October of 2014.
Fred Hobbs reiterated that water would not be taken from Nick’s Creek to irrigate and that impact on the watershed would be eliminated by leaving twenty-five foot buffers between the golf courses and creek banks. In later testimony, Jeff Marcus of the NC Wildlife Resources Commission asked the Board to consider a larger buffer area of 50 to 100 feet, which would better protect water quality. Marcus also told the Board that it is not only golf courses that bring money into the economy; $2.5 billion is generated in wildlife expenditures each year.
Addressing concerns about the on-site, private wastewater treatment facility that is part of the Pine Forest proposal, Hobbs said treating wastewater at Pine Forest would extend the life of the County's Addor wastewater treatment plant. He said concerns about the impact of a developer bankruptcy on maintenance of the plant could be alleviated by requiring a bond or liability insurance to protect the County.
Dr. Jay Carter, an environmental consultant for MHK, said the delination of wetlands in the Pine Forest application has been certified by the Army Corp of Engineers. He said the developer is complying with NC Natural Heritage Sites Program guidelines for endangered species such as the Red Cockaded Woodpecker and the Sandhills Lily, which are in power line right-of-ways.
Lester George, who has worked on over 600 golf courses in North and South Carolina, disputed the idea that runoff from golf courses harms adjacent streams, claiming that “turf grass is one of the best filters that we know.” Ron Dodson testified that golf courses can be a “wonderful wildlife habitat” and that the PUD-H rezoning would result in more open space than other options for developing the property.
MHK President Walter J. "Rusty" Mackey said “the risk of recession is our risk” and indicated that the development should be complete in fifteen years, beginning to end. He said housing within the development would be priced at approximately $700,000 and up. The plan is for the hotel and golf courses to be built first and, with the Board's approval, Mackey hopes to have the hotel complete in time for the bak-to-back US Opens scheduled for June of 2014.
Chairman Picerno asked Mackey why he didn’t want to develop the property under the current zoning. The developer replied that current zoning would not allow a development “we would be proud of.” Noting that golf courses are not a permitted use under the current zoning of the property, Mackey said “the golf course is a real benefit. We need golf course for the hotel as a tandem.”
Sandhills Farm to Table
Sandhills Farm to Table Cooperative [SF2TC] has made great strides in its first year of operation, the Board of Commissioners heard in a presentation during their Tuesday, February 18 meeting. The cooperative was initially funded by $30,000 Rural Advancement Foundation International Fund grant offered to Moore County through the Tobacco Communities Reinvestment Fund.
That funding has allowed SF2TC to purchase produce from local farmers and distribute them to over 500 participating residents. Members of SF2TC are able to buy items in bulk — like tomatoes for canning, locally raised beef and chicken, and next day seafood shipped from the North Carolina coast.
To date there are 1230 members of SF2TC who have created more than $300,000 in sales, with seventy cents on every dollar returned to the farmer. During the last year, SF2TC has donated three tons of produce to families in need, 2500 volunteer hours have been documented, and $18,000 has been donated to two churches and two elementary schools.
The Cooperative was also recognized at the Terra Madre event in Turin, Italy in October of 2010. SF2TC’s goal for the next year is to double membership, increase subscription, and increase sales to $750,000. For information or to subscribe to SF2TC go to their website at www.sandhillsfarm2table.com
Other Business
In other business during the Tuesday, February 15 meeting :
• NCDOT’s Chuck Dumas confirmed that construction to widen NC Highway 211 from two lanes to four will be began in October of 2011 and is expected to be complete by the US Opens in 2014. If construction is not complete it will be halted during the US Opens.
• Chairman Picerno is working with the Convention and Visitors Bureau Board to investigate using some proceeds from the existing tax on hotel rooms to help fund a grant match needed by the airport for repairs and upgrades.
