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Was it a "change" or a "correction?"
That was the question that sparked big debate between Durham County Commissioners Monday afternoon as they spoke about a controversial map change to the Jordan Lake Watershed Boundary. And it's a question that has leaders looking outside of Durham County for suggestions.
"If you read the Durham UDO (Unified Development Ordinance), it's quite clear that the planning director is authorized to correct mistakes that were made in mapping," said Patrick Byker, a real estate attorney who represents Southern Durham Development. "The maps that have been relied on were created in the 1970s and that was before Jordan Lake was filled. So the maps that the watershed maps were originally based on are, in fact, wrong."
Those maps from the 1970s showed one line. But in 2005, a developer around the lake commissioned a survey that showed the boundary had changed.
"We want an independent survey because we didn't want the fox inspecting the hen house," said Melissa Rooney, member of Northeast Creek Stream Watch and the Fairfield Neighborhood Association. "Just based on common sense - you would think you need a survey that was not hired by and organized through an interest that stands to benefit from this."
Durham County has a one mile critical area around Jordan Lake. There's also a five mile protected area. The change could eventually open up development for those like Southern Durham Development, which owns 164 acres of the 240 acres in question off of Highway 751.
"This controversial issue is so unclear to us whether we're doing the right thing," Chairman Michael Page said.
In 2006, the former planning director decided that the new survey provided better information about normal pool location. That would allow a change to the one mile critical area boundary as well as the land use designation of the Future Land Use Map.
But a legal opinion last year suggested the Planning Director's interpretation was invalid; that he did not secure approval of the Division of Water Quality.
The board sent that survey to the state in November 2008 and the Division of Water Quality approved it. So now, some think public hearings are in order. Others believe the City-County Planning Director has the right to make the changes to the Official Zoning Map.
"One of the big things we need to keep in mind here is that many other citizens will be affected by line changes than the property owners," said Commissioner Ellen Reckhow. "320-something property owners will get first class letters telling them about a prospective map change."
"The last thing we want is for this to end up in a court situation. If we adopt something not following our zoning rules, it would not surprise me at all if residents of our community wind up suing us because we didn't follow our own zoning ordinance."
Some commissioners want another independent survey. It could cost $85,000.
"I do not see the necessity to waste anymore money on this," Commissioner Joe Bowser said.
On April 13, commissioners will hear from at least two other planning directors from other counties about their opinions of how the county should move on this. In the meantime, the commission will see if other municipalities including Chapel Hill, Chatham County and city of Durham would chip in for another survey.

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By Melissa Rooney on 03/24 05:03 PM
So glad that NBC-17 has taken up this important issue. We hope that you will also be at the BOCC meeting on April 13 (7 PM, 200 East Main), at which there will be a public hearing. Given the more convenient time and the fact that the public will be allowed to speak, we expect a big citizen turnout for this important, precedent-setting issue. This is important not just to Durham County, and not just to the entire Triangle, but to the entire state of NC, as this is the first time in the state of NC that a developer-provided, partial survey may be used to change watershed boundaries (according to DWQ and the Independent Weekly).
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