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Swain County11/7/01


Fontana Lake users question discharge rules

By Don Hendershot

Some Fontana Lake boathouse owners and marina operators told Swain County Commissioners that a draft ordinance to eliminate sewage and wastewater discharges into the lake was redundant and burdensome.

About 50 people showed up at the public hearing on Nov. 5, but only six addressed the board. Two main themes surfaced — the responsibility for enforcement of the ordinance and the difference between graywater and blackwater.

“The commissioners do not need to pass an ordinance to clean up the lake, they just need to enforce the [state] laws that are currently there and were last updated in 1979 ...” said Denise Parker, a boat house owner.

“This law will be very burdensome to the boat dock operators and to the owners of the boat houses,” said Joe Blanton, owner of Greasy Branch boat dock.

“My wife and I are not trained to go under boat houses and see if their tanks are in compliance with the county specifications,” said Blanton.

The draft ordinance requires that boat dock operators establish written mooring contracts annually with houseboat owners; ensure all houseboats are in compliance; maintain copies of contracts and pump-out logs; provide written notification of non-compliance to houseboat owners; evict houseboat owners that do not come into compliance and notify the “Local Health Director” if the houseboat owner fails to comply.

Even supporters of the ordinance were concerned about the language in the draft. Tony Sherrill is owner of Alarka boat dock, the only marina on Fontana that offers a pump-out service.

“It’s plainly written in our lease with the Forest Service — no dumping of wastewater into the lake is allowed. I could see there was a problem and I began to look for a solution. It was always my intent to find someone to enforce the laws on the book,” Sherrill said.

Blanton said the ordinance would be a financial burden on small operations like Greasy Branch.

“We would have to sell part of our busniess if this ordinance goes into effect.”

Commissioner David Monteith said grant money was available through the North Carolina Wildlife Resources Commission to assist operators.

“More than $100,000 of matching funds are available across central and western North Carolina for construction and/or renovation of sewage and wastewater pumping facilities. We are eager to find marina operators in the mountains who would like to partner with us,” said Gordon Meyers, chief of the N.C. Wildlife Division of Engineering.

Meyers said the funds were available to the state through the U.S. Fish and Wildlife’s Clean Vessel Act. Boat dock operators are encouraged to contact Cindy Edwards at the Division of Engineering at 919.715.3155 ext. 2, for more information.

Everyone who addressed the board agreed that blackwater (sewage) should be kept out of the lake, but most asked the county not to include graywater (bath, dishwater, etc.)

Peter Whittaker of the N.C. Department of Energy and Natural Resources told the group commissioners did not have that option.

Whittaker said the state makes no distinction between graywater and blackwater, and dumping of either is illegal.

“You are asking the commissioners to make an exception, and they don’t have that authority,” Whittaker said.

Butch Medford, a Haywood County resident and boathouse owner, raised the question of Graham County’s participation. Much of Fontana Lake is in Graham County. Swain County Administrator Linda Cable said commissioners have been in contact with Graham County. In a telephone interview Monday, Graham County Manager Jeff Cabe said commissioners supported an ordinance.

“We would like to do something jointly, but we are not as far along as Swain County. It is an issue we will be addressing soon,” Cabe said.

The board took no action Monday night. Chairman Jim Douthit said the board would review comments and respond. He said everyone who submitted a written comment would be contacted by mail with regards to future meetings or actions concerning the ordinance.

 

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