Approximately 200 residents owning property bordering 5,800 acres of the Boylston Creek watershed in Brevard are upset about the impending reclassification of the water tributaries that run through their properties from Class C to Class C Trout status.
“The situation has met with opposition from the property owners,” said Transylvania County Manager Artie Wilson. “It’s a major concern and it’s very frustrating to our residents and our local government. Our residents already take good care of the streams. There is no degradation in our waters. We’ve got great water and we’re very proud of that. Further restrictions on our streams vastly impact a large majority of our properties and it puts an undue burden on our citizens.”
If the reclassification occurs, these residents will have to provide an undisturbed buffer zone of 25 feet along any portion of a stream, creek, or significant area of run-off leading into the French Broad River.
Water must be fish-friendly
The move, stemming from the state’s Division of Land Resources, a branch of the Department of Environment and Natural Resources, resulted from the government’s desire to keep the waterways pristine and friendly to the brook trout fish, but that has the human population going against the flow.
A lawsuit, county resolution, and General Assembly bill effectively have delayed the plan. Some of the affected locals even have threatened to shoot any government officials found trespassing on their private property to test the water.
Wilson said the county got involved because it was the right thing to do. “About 50 percent of our land is already in public use because of state and national parks,” he said. “There is already have very limited growth potential on our properties to build something on their land, and when the DENR tells us what we can and cannot do it becomes a problem and an infringement on their rights.”
Longtime residents oppose
Resident Don Surrette owns more than nine acres abutting the stream and has spent many hours fighting the reclassification. Surrette said his family has lived on the land for more than 100 years and always has taken care of the streams.
“My people came into these mountains centuries ago,” he said. “I believe I am required by my Creator to take care of the land. It is my duty. I drink from gravity-fed water from a spring that’s been in existence more than 100 years. It’s the sole source of my water. If anyone says I don’t want to take care of the water, they’re crazy.”
He said there was never an issue until a developer wanted to build a 20-acre lake nearby. Without anyone’s knowledge, the U.S. Army Corp of Engineers and the DLR got involved. Residents living in the area heard about the impending reclassification when DENR called for a public meeting. By then it was almost too late for the locals to intervene.
Surrette said the rules and regulations of the Class C Trout classification are restrictive, cumbersome, and vague. He said many home and property owners fear the devaluation of their land, the requirement of heavy fees for permits to control silt build-up and other usage, and the threat of fines of $5,000 per day if they are found in violation of the rules.
People don’t trust DENR
“These are issues that people are upset about,” he said. “They don’t trust DENR. They’ve given us plenty of reason not to. They have an out for anything we do on our property.
“It’s not their property,” he added. “It’s a private property issue. Mandating the use of private property without justification and without compensation is wrong. Everywhere I turn on my property I’m in the buffer zone. There’s a spring-fed trout pond directly in the back of my house and there are natural springs all around here. That’s very typical of this watershed.”
Surrette is worried he won’t be able to rebuild his home if something happens to it because it sits too close to the stream. He also is concerned about planting the rare American Chestnut Trees he’s been crossbreeding with heartier varieties to help save the species from blight.
“Technically I cannot continue my work if the land is in the buffer zone,” he said. “What can I do then?”
Trout reproduction
DLR Public Information Officer Susan Massengale said her division is progressing with the Class C-Trout classification because the agency wants to sustain reproduction of the trout for generations to come.
“We certainly respect that people have taken care of the water, but with the development in the state the reclassification will help prevent damage from happening in the streams,” she said. “The people there may be wonderful stewards, but there is development happening and it’s easier to keep an area clean then to clean it up.”
Massengale said her department is at fault for not exchanging information in a timely manner. She also said DLR needs to do a better job educating people about what can happen when there is a reclassification.
“There’s been a lot of misunderstanding and that breeds fear,” she said. “We need to improve our ability to get our education out there. That is a challenge for us. We are really trying to improve that so people have no fear of things that won’t occur. I hope that as people work with DLR that they will realize there is a lot that can be done. There is some room for doing activities in that area.”
Wilson said he is glad DENR and its divisions are open to looking at the process and hopes everyone can come to an agreement and use some common sense.
“I hope the DENR will stop and rethink this,” he said. “I hope they make it both reasonable for all and a reasonable process. We have to look at humanity versus fish or animals. We can be optimistic and hope there will be a favorable outcome to this.”
Surrette is hoping they will sit down and have a civil discussion.
“There’s got to be a better way to do this,” he said. “We need to work out an agreement that most people would agree to. After all, we should all be taking care of our natural resources, but we should do it together.”
Karen Welsh is a contributor to Carolina Journal.