County Commissioner's Office

County Talk
By
Lamar Paris - Commissioner

Q. Please remind us of what the stream buffer issue is dealing with?
A. We currently have two types of stream buffers in Union County. The first is the trout stream buffer which is 50 feet either side of every stream in Union County, except the Butternut Creek water shed. The Butternut Creek watershed is considered a “state water” and not a trout stream and currently has a 25 foot buffer.

The third type of buffer is a drinking water watershed protection buffer. The state is trying to force counties to adopt this buffer which would be 150 feet on either side of all streams located 7 miles upstream of the Nottely River intake near Owltown Feed and Seed. This buffer would include all of Choestoe and much of Trackrock and Owltown and would include any stream that eventually feeds into the Nottely River. That could impact over 1500 parcels and 8,500 acres of land in this area.

I am representing 16 counties across North Georgia trying to achieve a reasonable watershed protection buffer that is less than 150 feet and much closer to the trout stream buffer width of 50 feet. This takes an enormous amount of time since our negotiations are back and forth almost every day, in addition to the meetings.

Q. What is the latest on the stream buffer issue?
A. There have already been five meetings with EPD with different committees. I will have attended three meetings by Thursday of last week. We are in what I would call the “deep negotiation” phase. We are at the table with the Environmental Protection Division, the environmental community and county government. It is an intense process back and forth as we are on a deadline to reach a compromise decision within two more weeks. Hopefully, we will have something to present to the Department of Natural Resources Board on Sept. 27th.

Q. Are you doing this alone?
A. Absolutely not. Callie Moore of the Hiawassee River Watershed Coalition is providing technical advice to the committees, while all the counties have gone together and are working with an attorney, Greg Blount of Troutman and Sanders of Atlanta. Greg, Callie and I have attended several meetings including meeting with the DNR Board, EPD Director, Governor’s office, our regular meetings and several conference calls. We are all looking forward to reaching a conclusion to this task.

Q. What happens if no compromise is reached?
A. One of two things will happen. Either two separate proposals will be delivered to the DNR Board for them to make a decision or the issue will go to the Legislature this session. There is some legislation that Senator Pearson has prepared that may be presented if we are unsuccessful with our negotiations. If in the end all else fails, we will be prepared to take the issue to court. We know that maintaining a 150 foot buffer is not the only way to protect water quality and in fact, that our proposals could very easily exceed this protection.

Q. If it can be handled through the legislature, why spend time negotiating?
A. First, by going through the negotiation process, both sides have a better understanding of each others viewpoint. This creates a healthy discussion that can enlighten both sides and lead to further compromise. If the issue goes to the Legislature, it will be an all out fight with no way to predict a clear winner. It will also take an enormous amount of time and effort by me and several others. We want to save the Legislature from having to deal with this issue if at all possible.

Q. What are the chances of winning and what is winning?
A. There will be no clear winner other than the environment and property rights. We want to end up with as close to a 50 foot buffer as possible with additional protection requirements. The other side wants the 150 foot buffer to remain in effect. I would give this process about a 60/40 chance of working. It has been and continues to be very interesting, but extremely stressful. However, not nearly as stressful as being Commissioner!

Q. We are very concerned about existing lots and whether they will be required to comply with the new regulation? Do you know the answer yet?
A. At this time, previously platted lots should be OK as to being grandfathered in for the existing 50 foot buffer, but will still fall under some of the anticipated requirements of the water supply watershed.

Q. Why are you taking such an active role in this process?
A. Because there is no one else to do it. While Senator Pearson and Commissioner Gooch and others in Lumpkin County have been dealing with this for over a year, stream buffers is an issue I have been involved with for nearly ten years. Property rights are sacred to our form of government. While there are certainly times that government intervention on property rights may be justified, when it gets to the excess involved with 150 foot buffers, someone has to be ready to take them on and keep them in check with what is reasonable and necessary. It simply does not require 150 foot buffers to maintain drinking water quality if smaller buffers can be protected, enhanced and allowed to function.

To make this work, it is also going to require the cooperation of our farmers in the Nottely River watershed to maintain reasonable farming buffers. Otherwise, poor farming practices can undo much of the stream protection provided by these new buffers.
Water quality testing in the watershed will be required to provide assurance that the water quality remains normal. (anti-degradation)

Q. We have noticed several different spellings of the River. How do you spell it?
A. The river is spelled Nottely, the lake is spelled Nottley and the water authority is spelled Notla.

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