Status of Nairn/Blueridge, 12 Dec 2003

Next steps: We hope to use this development as a case study and will continue to follow it as it moves along. Because of the impact on our Sligo Creek watershed, Friends of Sligo creek is interested in helping us develop this case study and using it to show that the current codes and regulations along with the approval and notification process are inadequate. We will look at the Department of Permitting Services (DPS) decision making process, find out whether a soil scientist is involved in reviews, look at codes, find out what currently triggers analysis of environmental issues. We also want to monitor the Blueridge/Channing project and suggest mitigation and restoration steps that can be taken. We'll continue to try to get the various departments to work together. Some of the issues this case and problems with other construction in our neighborhood has highlighted:

1. Disconnect between planning, permitting and what the consumer gets: New homeowner's often are left holding the bag on damage due to inappropriate construction on inappropriate sites when they unwittingly buy a house that they assume has passed rigorous planning, permitting and inspection to make sure it is sound and appropriate to the site (see the most recent issue of Consumer's Reports for and eye-opening look at this problem). In our area flooded basements are a particular and perennial problem. It doesn't take a brain scientist to know that water is a problem when you build on top of springs and buried tributaries in a stream valley such as ours. Steps can be taken to prevent the problems but often are not taken by the builders or enforced by the county or state. Retroactive remedies are expensive and makeshift remedies are often either ineffective, damaging to the watershed or both.
2. It makes no sense for the DEP to spend millions of our taxpayer dollars restoring Sligo Creek, while DPS and the Planning Board approve development on marginal and environmentally sensitive property that undermines what DEP has done downstream. Next year a multi-agency task force is being proposed to look at the current codes and regulations on environmentally sensitive property, some of which need to be updated. For example,
   • All, except for the developer, agree in principle this site is so marginal and so important to restoration at the headwaters of Sligo that it should not be developed but the planning dept and permitting dept all feel their hands are tied under current zoning rules, codes and regulations. The site is so marginal that it came within a hairsbreadth of being totally protected - for example the stream running through it runs mostly when it rains. If it was shown to be an "ephemeral stream" that runs constantly-it would have made the site off limits to development. Similarly the tributary that runs through the site was long ago piped and buried and wetland areas filled in. If surface water still existed it would be off-limits. Such tributaries are often being "day-lighted" in restoration efforts. This one is now condemned to perpetual darkness as with most of the rest of the Sligo Creek Headwaters.
   • the < acre of the Blue Ridge site closest to the park has been set aside as a Forest Conservation Easement (the trees and plants can not be disturbed). But if the developer had not tried originally to subdivide and build multiple houses on the half-acre site, the Forest Conservation Easement regulations/analysis would never have been triggered and the < acre nearest the park would not have even been set aside and protected as a Forest Conservation Easement. Single home property on less than one acre of land is exempt from Forest Conservation reviews.
   • The property could have been bought by the county under "Legacy Open Space" but was not even considered because of it's small size even though as many of you pointed out - while small it has an important role to play in the ecology and restoration (or further degradation as it is developed) of Sligo Creek-being adjacent to the creek at its current headwaters. If we had been notified initially of the sale of this land we could have lobbied for its acquisition by the county for the park.