Report on the Greensboro (North Carolina) Buffer Mapping Session September 16, 2001 By Leonard D. Hensley Old Fort, NC bigdave@wnclink.com On September 10, 2001, I had the dubious opportunity to attend a training session at "The Enrichment Center at Bryan Park" in Greensboro, NC titled, "A Workshop on: Intermittent and Perennial Stream Identification and Mapping." The "workshop" was stated in the brochure to focus on: 1. The science of stream definition and field identification of first order streams. (For example -- Springs and dry natural ditches) 2. Methods approved by the NC Division of Water Quality for the field identification of the origins of intermittent and perennial streams FOR THE APPLICATION OF RIPARIAN BUFFER RULES!! 3. A project undertaken by the city of Greensboro to inventory and map the origins of all intermittent and perennial streams in water supply watersheds in the City. The class was given by the NC Forestry Service and the University of North Carolina at a cost of $45.00 per person. Most of the attendees just signed a voucher from their employer. ------------------------------------------------------------------------------ ----------------------------- Perennial streams are continuously-running year-round spring-heads, springs, branches, creeks, and rivers. Intermittent streams are naturally-occurring ditches that carry water during and immediately after a rainstorm that remain wet for at least 48 hours AFTER the rain stops. Ephemeral streams are totally-dry natural ditches that only have water during the rainstorm and are dry in less than 48 hours after the rain. ------------------------------------------------------------------------------------------------------------ The majority of the one-hundred-plus attendees were Forestry Service employees, independent real-estate/construction consultants, and DWQ trainees. Interspersed in the class were a few city and county planning board members and, of course, the three buffer opponents from McDowell and Buncombe Counties. (Don Yelton, and Leonard Hensley). Class began at 8:30 a.m. We had to leave Old Fort at 4:30 a.m. to get there on time. This was the training session for the Cape Fear Basin that was changed to the "Greensboro City Project" after we were publicly told that the Catawba Basin was the last basin to be worked on. The entire program was a mass of propaganda to convince all in attendance that the efforts to buffer and confiscate property without compensation were right and proper as well as perfectly legal. While there we sat through a computer slide presentation and lecture, titled "What is a Stream and Why Stream Buffers?" to tell the students why buffers were necessary, given by; Jim Gregory, NC State University - College of Forest Resources, Department of Forestry, Professor of Forest and Wetlands Hydrology. Member of NCDWQ Technical Advisory Committee Points Covered were: 1. Clearly defining stream types. 2. Developing protocol for field determination of stream origin. 3. Better understanding of stream relationship to watershed geomorphology. 4. Understanding map errors. 5. Developing methods for more desktop assessment of stream networks. Also discussed was stream "order". A spring is usually a "first order" stream. When two combine at a fork the result is a "second order stream" and when two second order streams combine they become "third order" and so on. Other presentations were given by: Scott Bryant, City of Greensboro, Stormwater Management Division Manager "The Greensboro Stream Inventory – The City Perspective" which focused on the "Balance between science and development to protect water for sustainable development. Victoria "Tori" Small, Greensboro City Department of Water Resources, Stormwater Management Division, Planning and Engineering Supervisor and Project Engineer. "Stormwater Management --- Inventory and Mapping Methods for the Greensboro Stream Inventory" "The entire purpose of the Greensboro Project is to be PRO-ACTIVE, meeting water supply needs by determining watershed requirements." A statement was also made that "50-foot buffers are not enough at all. We need at least 100-foot, and better yet, 200-foot or more buffers." "We had a stakeholder's group that met three times and had a field trip. The group included regulators, municipal interests, the 'development community' and environmental interests." When asked if any members of the general public were involved, Ms. Small became VERY defensive and would not admit nor deny that the public was included in the process. When she was asked if the stakeholder's meetings were properly publicized, she refused to answer. Several of the members of the panel tried to make a point that all requirements had been met. Mr. Scott Bryant stated that, "We checked with our lawyers and have done everything required of us." Ms. Small stated that, "Public or city-owned government properties are exempt. Grandfathering will be allowed and current uses will continue to exist on public properties." Richard Darling and Jay Lawson, LawGibb Group, LAW Engineering and Environmental Services, Inc. Greensboro, NC (An Engineering and Consultant Group) Spoke concerning "Project Methodology" 1. Comprehensive work plan consisting of: Detailed field processes GIS Database Design (Global Information System) QA/QC Plan (Quality Assurance/Quality Control 2. Test Area Evaluate the appropriateness of the field area 3. Sub-Basin Approach 4. Integrate the Customer's Development Project and City Stormwater Conveyance System Inventory Project Danny Smith, NC Division of Water Quality: "NCDWQ Criteria for Identifying Intermittent and Perennial Streams" Steven O'Brien, S&ME, Inc. Engineering, Testing, Environmental Services (An Engineering and Consultant Group) Dave Penrose, Greensboro Stormwater Manager, Regulator, Enforcement Division; gave a report on Biological Indicators, Collection Methods, and announced a new EPA Grant to DWQ -- The designated function of the grant was to determine the functions of intermediate streams to enable writing of policy to protect streams. (Methods to confiscate private property) The citizens of the City of Greensboro, at this time, have to pay a $2.44 per month fee added onto their water/sewer bill for STORMWATER RUNOFF!! Stormwater runoff is the water that falls during a rain on their rooftop, yard, and driveways. They have absolutely no control over the heavens or whether or not rain falls on their domicile but have to pay for an act of God. If not paid, the water to the facility/house/apartment is turned off until paid. All public properties are exempt. Only private properties are affected. During the meeting, it was stated that Greensboro has a population of 205,000 over an area of 114 square miles. There are approximately 70,000 households. At $2.44 EACH per month, that added fee on their bills that goes directly to the Stormwater Runoff/Greensboro Dept. of Water Resources totals approximately $170,800 PER MONTH ($ 2,049,600 A YEAR) in income (from JUST THE $2.44 Stormwater runoff fee) to help fight the constitutional and civil rights of the landowner. And that's ONLY ONE RELATIVELY SMALL CITY!! Multiply that by ALL the cities in the state, the nation, and the impending Buffer Rule Fines and mitigations and this becomes a MULTI-TRILLION DOLLAR INDUSTRY!!! Is it REALLY about clean water??? Is there any wonder that the buffers are SO IMPORTANT to their efforts and the real polluters (Municipal Water Treatment, Corporate piped liquid waste, For-Profit Developers' sedimentation, and Golf Course run-off is so UN-IMPORTANT in the equation? Developments, Complexes, shopping centers and anything with large parking areas or impervious areas are charged $2.44 per 2,543 square feet of area. The method of mapping is to use a GPS (Global Positioning Sensor), walk from the point that is the end of the stream on present maps, and continue upstream walking in the center of the stream-bed as far as physically possible while the GPS records by satellite telemetry, the exact location of the "stream", dry or otherwise. The "Break-Points" from perennial (continuously wet streams) to intermittent (gravel and/or mud AFTER 48 hours of a rain), and from the intermittent to the ephemeral (totally dry WITHIN 48 hours after a rain) are also mapped by satellite and handheld GPS. The break-point for the perennial/intermittent streams is where continuously running water is visible. This is usually the spring-head in the mountainous areas. The break point of the intermittent/ephemeral stream is defined as the point where moisture-sensitive bugs such as dragonfly larvae, stonefly larvae, mayfly larvae, segmented worms and any other biological existence of like-creatures ends. If you can dig in the gravel or mud to any depth and find these it is an intermittent stream. A statement was made during the presentation that the ephemeral and intermittent buffers were MUCH more important than the perennial or mainstem buffers in "protecting" water quality. This would tend to suggest strongly that the ultimate intent is to buffer ALL dry ditches, gullies, and draws ABOVE any spring. Folks, THEY WANT IT ALL!!! Not just your creek bank! If you refuse to pay taxes on it, they confiscate it. If you ask them to leave your property while they are mapping, it automatically becomes a $25,000 fine payable to the DWQ/DENR. IF you sign ANY paper to settle the problem, the document includes the elimination of any possibility of a future lawsuit against the DWQ/DENR originating from you, the landowner. You have signed away your constitutional rights to redress of grievances, and a fair and impartial trial by jury. After the presentation ended at noon and the group asked questions, Mr. Yelton asked, "What plans have been made to compensate those upstream for losses to benefit those downstream?" One of the "persons" in the front rows said VERY loudly and angrily, "You don't compensate criminals!" Are we now criminals for expecting our constitutional rights and civil rights to be respected by these enviro-thieves? A student asked, "Will the Division of Water Quality act as a 'clearing house' of and a standardization of collection methods?" The answer given was, "We have had a series of half-day workshops followed by a half-day field trip for collections of data and biological elements.  Participants took a test of 33 questions and if they achieved ascore of 80%  or higher, they had demonstrated their ability to collect and classify stream data." Off to the field trip. Three buses took us to the Sycamore Creek tributary stream-site in the wooded section in Greensboro's Umstead Park surrounded by massive public-housing developments, condo-complexes, and standard apartment complexes. We were advised that there had been no agricultural activity in that particular area. The first thing I noticed in the woods was a white ceramic insulator held to a tree by a nail through the center. Then I noticed large quantities of multi-strand rusted barbed wire lying all through the area we walked through. Is an old livestock pasture area agriculturally related or not??? During the field trip, the leaders were asked how the number of "19" points was obtained as a point to determine a definite answer for the questionnaire/survey form. The reply was, "John Dorney thought that that number should be about right." The students got a score of 22 to 23 points for the DRY DITCH we were shown when answering the form's questions and adding up the score!! The total of 19 points would have designated ANY dry ditch as a stream and subject to the buffer rules.