Post-Mortem on Stokes Zoning Amendment 227 (Land Farming)

[NOTE: For more information on Open Field Petroleum-Contaminated Soil Bioremediation, aka Land Farming, I suggest Googling. I will try to have a compendium of documentation and reading resources on this blog eventually - if you have found useful information please send for inclusion.
This post is something of a Post-Mortem on the decision of the County Commissioners to add "Land Farming" as a Special Use for land in Stokes County, North Carolina zoned Residential/Agricultural. Source material is limited to published records.]

Stokes County Zoning Text Amendment: “Dedicated Soil Treatment Facility – Land Farming/Bioremediation #227”

This text amendment was approved by the Stokes County Board of County Commissioners on February 7, 2012. See page 18 of the Minutes of that meeting; http://www.co.stokes.nc.us/bocc/minutes/2012/m020712.pdf

The Stokes County Planning Board, by a vote of 5 to 2, recommended against the text amendment on October 27, 2011:

“The Board expressed concerns about the environmental impacts that this type of land use might have as well as if a facility of this type would have any economic benefit for the county. The majority of the Board finally concluded the disadvantages outweigh the advantages of allowing this type of activity in the county.” (Minutes, Stokes County Board of County Commissioners, December 6, 2012, page 7, http://www.co.stokes.nc.us/bocc/minutes/2011/m120611.pdf)

The Board of County Commissioners first officially heard the request for the Text Amendment at the December, 6, 2011 meeting (at least as far as I have been able to discover). At that meeting a site visit was discussed and recommended.

“Commissioner Walker stated he would like some more information about the concept and more information regarding whether or not there are any environmental issues.”
[page 9, Minutes, December 6, 2011, http://www.co.stokes.nc.us/bocc/minutes/2011/m120611.pdf]

Vice Chairman Inman asserted his own need for education on the issue and the value of a site visit.
Commissioner Jones noted a personal knowledge of the practice and expressed enthusiasm for it.
Chairman Lankford expressed preference to gather more information and visit a site “to be able to explain the process to the public” [page 9, Minutes, December 6, 2011]
According to the Minutes of the February 7, 2012 meeting, the Board had not conducted a visit to any other “Land Farming” facilities. Planning Director Sudderth visited a facility in Chatham County and provided photographs to the County Commissioners. The following is copied from the minutes of that meeting.

“Chairman Lankford entertained a motion.

Commissioner Booth moved to approve the Zoning Text Amendment #227. Commissioner Jones seconded the motion.

Commissioner Walker questioned how many other sites are in the state and if there had been any issues with the site in Chatham County.

Directory Sudderth responded that he only knew of two other sites in the state and he know of no issues with the site in Chatham County

The motion carried unanimously.”

At this time [Monday, June 11, 2012] I have not discussed this decision with any County Commissioners although that is my plan for later this week.

Further research:

Davie County's “Land Farming” regulations. I have sent an email to Davie County Planning Director, Andrew Meadwell (andrew.meadwell@co.davie.nc.us) requesting information on the process that county underwent in preparation for adding “Land Farming” as an approved Special Use. Davie County "land farming" ordinance: www.daviecountync.gov/DocumentView.aspx?DID=123 

Personal Thoughts:

I am known to the County Commissioners as a reasonable and non-fanatical advocate for water and soil protection. I am known as a supporter of economic development. It is frustrating to me that I failed to keep myself abreast of the Commissioners' Agenda – though I will endeavor to be more proactive in the future. 

That aside, it is astounding to me that the Board of County Commissioners neither visited an operating open field contaminated soil bioremediation facility nor investigated the regulatory directions taken by other North Carolina counties which have considered adding “Land Farming” as an allowable Special Use.

The rush to approve the text amendment was, in my opinion, poorly managed. In light of the recommendation of the Planning Board against the Text Amendment it would have been appropriate for the Board to explicitly call for and publicize a public hearing on the issue. As it stands this has the appearance of a back-room deal – whether or not that is the actual case.

Redemption is available however. The Board could table all decisions regarding Land Farming applications until a working group is able to review special regulatory considerations appropriate for allowing this activity here in the unique geography, hydrology and community of Stokes County. Davie County provides a model for raising the bar above the generic regulations of the North Carolina Department of Natural Resources.

Stokes is a “headwaters” county with direct potential impact on municipal water systems for millions downstream. Stokes is also emerging as an important outdoor and agricultural tourism destination. For these reasons it is critical that activity of this type be sited with extreme care as the county appropriately assumes responsibility for processing some of the waste of our modern civilization. That responsibility, however, should not be used as an excuse to turn over responsibility for our water, soil and air to Raleigh or Washington, DC.