On Monday the Durham County commissioners voted 4-1 to provide wastewater treatment to the 167-acre project with a proposed 1,300 homes and 600,000 square feet of commercial space on N.C. 751 near Jordan Lake. The Monday vote advances the controversial project, which was introduced in 2008.

However, the next time 751 South appears before commissioners, the board may not be so friendly.

Supporters Monday night included Chairman Michael Page and Brenda Howerton, who have consistently backed Southern Durham Development’s project, and Pam Karriker and Phil Cousin, who were both appointed to the board to fill unexpired terms. Vice Chairwoman Ellen Reckhow voted against the contract.

Waiting in the wings (and sitting in the Monday night audience) are Fred Foster and Wendy Jacobs, who could join the board Dec. 3 if they win the November election. Foster and Jacobs finished second and third, respectively, behind Reckhow in the Democratic primary. In November, the three will vie for the five board seats, along with Page, Howerton and unaffiliated candidate Omar Beasley.

If Reckhow, Foster and Jacobs are elected, it could create a major obstacle for 751 South. All three have concerns about 751 South’s impact on the environment.

Community wells

The next big public step for the project is likely a major special-use hearing, related to a yet-to be submitted conservation subdivision site plan that uses community wells for its drinking water source.

The application process usually takes about five months after the application is received, said City-County Planning Director Steve Medlin, so Southern Durham Development “more than likely, will end up going before whatever board is elected in November.”

Southern Durham President Alex Mitchell agreed that the project will likely end up appearing before the new board.

“We feel comfortable that we will be able to comply with all of Durham’s requirements for a major special-use permit,” Mitchell wrote in an email. “So we are not concerned about being able to move forward with the new Board of County Commissioners.”

Quasi-judicial hearing

The hearing will be different than most before the board in that it is quasi-judicial, meaning commissioners will essentially serve as judges who listen to qualified testimony.

Once the county receives Southern Durham’s application, Medlin said, commissioners will be advised “to avoid conversations and discussions concerning the application outside the public realm.”

“Unlike a zoning hearing, it is a very tightly controlled environment,” which prohibits hearsay, Medlin said.

While state officials, county staff and commissioners will ultimately determine the viability of the 751 South site plan and community wells, last week’s commissioners vote addressed a needed, but expensive, plan to provide sewer. Southern Durham initially requested city water and sewer services, but the City Council turned it down in February.

The county sewer agreements protects the county from any related financial loss and requires Southern Durham to be responsible for obtaining needed right-of-way and all related costs, including paying for nearly four miles of sewer line to the project, along with a possible separate reuse water pipe.

The off-site improvements would eventually be conveyed to the county, but the developer, or its successor, would be responsible for the operation, service and maintenance of improvements on the 751 property, the contract states.

Jordan Lake concerns

Before the Monday vote, two vocal 751 opponents urged commissioners to reject the agreement, expressing concerns about the impact on the surrounding environment and nearby Jordan Lake.

Reckhow expressed concerns about the proposed sewer line route crossing sensitive habitat, including more than a mile of U.S. Army Corps of Engineers property. Reckhow said she spoke with a Corps biologist, who expressed concern about the impact of the sewer’s construction on local habitat and a natural heritage area.

“He also said that any sewage spill will be more serious given the proximity to (Jordan Lake),” Reckhow said.

Southern Durham representatives said they would turn to alternative routes for the sewer lines if they need to. They also said they hope to significantly reduce the water needed from community wells by reusing water, which would be piped from the development to the county treatment plant, treated, and sent back to the project for non-drinking uses, such as washing cars.

After the meeting, Page said it was the board’s responsibility to approve the sewer request after the developers had presented information and applications that justified the project moving forward.

“I have checked with our staff,” Page said about the environmental concerns. “They have expressed to me that it is not a concern.”