Over the past year, I have been helping Woody Van Valkenburgh, his wife Nancy, sister Blaire, and brother-in-law Bob (collectively known as RHBR, LLC) wade through the myriad of regulations and permits necessary to proceed with a nine lot plat on 80 acres on Dolphin Bay Rd. The first part of this long process is now before the County Council for a request to locate a waterline within the public right-of-way along McNallie Ln. and Dolphin Bay Rd.

The decision before the County Council is an easy and narrow one that is being made difficult through well-meaning but fear-based public comments. Demonstrating compliance with adopted regulations should not be a popularity contest. I think most people would agree that the granting of a building or land use permit should be made in a fair and impartial manner based on demonstrating compliance with adopted regulations, including scientific evidence, and not on the number of people supporting or opposing a project. The RHBR, LLC plat proposal should be given the same opportunity as others to demonstrate compliance with adopted regulations at the appropriate venue, which is a public hearing before the Hearing Examiner, not the County Council. Any decision by the Council to rule on potential impacts of the plat through the franchise application would subvert and undermine the well established process for administering land use permits and would substitute the Examiner’s authority for a potentially political decision based on perceived popularity rather than science and adopted regulations. Fair application of the rules and regulations means equal application of the laws, something that all people should have the right to expect. If RHBR, LLC can demonstrate compliance with the applicable plat regulations, which includes extensive environmental and regulatory review, then the County Council and the public will have assurance that the public interest and the environment have been protected.

There is an established process for determining the adequacy of water and the potential impacts of a new water use on existing users. Proposed plats must demonstrate a minimum water supply of 1000 gallons per day per lot, even though typical residential use is about 150 gallons per day per residence. This provides a tremendous buffer between what must be demonstrated to meet plat standards and anticipated use. Prior to initiating a pump test to verify the adequacy of a proposed water source, testing protocols must be prepared by a hydrogeologist and approved by the County hydrogeologist. County regulations require an extensive pump test of the source well and nearby neighboring wells to determine if there is association between the source and neighboring wells and if so, the level of impact. If monitoring indicates that the level of impact would impair the existing water use, then the proposed source would be denied by the County Health Department. Keep in mind that the test of the source well and the monitored wells is done at or beyond 1000 gallons per day per lot and must demonstrate essentially no impairment to neighboring wells even though actually water use would be much less. The intent of the 1000 gallons per day requirement is to ensure that the buffer between the tested level and actual use will be adequate to allow for unforeseen fluctuations in water levels and to address any unanticipated impacts. It’s a difficult regulation to meet but if met, the County and neighbors can be confident that impacts to neighboring and downstream water sources will have been protected.

Jeff Otis is a planning consultant, and former Senior Planner with the County Community Development and Planning Department.