Carolina Heelsplitter

 

Update:

This morning we received the decision from the Administrative Law Judge in our Goose Creek storm water permit challenge. The judge ruled in our favor on all contested issues and ordered the permits to be rescinded and reissued with protective conditions. The judge ordered the Division of Water Quality to incorporate the US Fish and Wildlife Service’s recommendations into the permits. These measures include: 200 ft buffers for perennial streams; 100 ft buffers for intermittent streams, a 0% threshold for structural stormwater controls; no new impervious surface in the 100 year floodplain; and water quality standards for ammonia, copper, nitrate-nitrite, and phosphorous.

This decision now goes to the Environmental Management Commission (EMC), which will make a final agency decision. Because these are NPDES permits, the NPDES Committee of the EMC will be the body reviewing this decision. We are hopeful that this will be on the November 8, 2006 agenda, but we do not know yet when the NPDES Committee will review this case.

Click here for link to Judge's ruling

 

North Carolina Wildlife Federation, through the Southern Environmental Law Center, is filing a Petition for Contested Case Hearing to appeal the issuance of final Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits for the Goose Creek watershed in Indian Trail and Stallings, North Carolina.  Goose Creek has headwaters in Mecklenburg County and flows through Union County before joining the Rocky River.  The creek is one of only six habitats where the federally-listed endangered freshwater mussel Carolina heelsplitter (Lasmigona decorata) can be found.  The decline in the species has been attributed to a combination of urban growth pressures, wastewater dischargers, and agricultural activities.

 

 

Since its introduction in 1972, the NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States and is responsible for significant improvements to our Nation's water quality.  NPDES requires measures that are more protective than standard practice – or than ordinary measures – where those measures are failing to protect water quality.  NCWF is contending that the Division of Water Quality, by issuing these permits, exceeded its authority as stated in the Clean Water Act, and failed to use proper procedure to protect the endangered mussel or its critical habitat.  A similar permit was issued to Mecklenburg County in July – SELC is investigating whether this was done improperly and will most likely take action in the near future to contest this permit on the behalf of NCWF.