CORRECTION

A story in the City & State section Saturday incorrectly stated how nutrients in groundwater get from parts of South Durham to Jordan Lake. Nitrogen and other nutrients flow into waterways like New Hope Creek and Crooked Creek, both of which empty into Jordan Lake.

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DURHAM -- Durham County employs strict guidelines to manage stormwater during development. If the state has its way, the county will be punished for that environmental vigilance, county leaders say.

If approved, new regulations aimed at reducing harmful levels of nitrogen and phosphorus in Jordan Lake could mandate drastic -- and potentially expensive -- stormwater management changes to the 26 cities and eight counties with waterways that run into Jordan Lake. Some, such as Wake County, aren't too concerned because a fairly small geographic area would be affected. Others, such as the town of Cary, say they they already have stormwater rules in place and don't expect major changes.

Durham County may be the local government most bothered by the regulations, which were drawn up by the state Division of Water Quality. County commissioners fear the guidelines could force taxpayers to spend millions to improve what the commissioners think is an already satisfactory environmental record.

The Jordan Lake basin is divided into three regions, or arms. Among the most troubling proposals to Durham officials is a requirement that the eight cities and counties within its arm reduce nitrogen levels 35 percent. Durham's nitrogen level is 3.4 pounds per acre, far lower, officials say, than in many cities and counties. The county has worked hard -- through its existing stormwater regulations -- to reach that level, said Chuck Kitchen, Durham's county attorney.

"We're being punished because, in the past, we've been very aggressive regulating development to fight pollution," Kitchen said. Durham County is planning to fight the proposed regulations, which must be approved by the state's Environmental Management Commission. The N.C. Association of County Commissioners also opposes the regulations, said Paul Meyer, that organization's assistant general counsel.

The proposed 35 percent reduction would apply to existing land and development, which means that each government would be responsible for building retention ponds and other devices to reduce nitrogen readings.

"The premise is that what you did was good up to that point, but we can't give you credit for what you did up to that point," said Rich Gannon, an environmental supervisor with the water quality division, which is within the state's Department of Environment and Natural Resources. "It has its pros and cons, and we understand their concerns."

Nitrogen is a common component of fertilizer used to keep grass green, and it seeps into groundwater that runs into streams and rivers. In parts of Durham County, it winds up in the Haw River, which empties into Jordan Lake. A nutrient, nitrogen becomes problematic at high levels. It can spur algae growth, kill fish and create taste and odor problems for municipalities that use the lake's water for drinking. Essentially, the lake becomes "overfertilized," Gannon said.

Expensive ponds

Durham County leaders are particularly worried because much of the 20,000 acres affected by the proposed guidelines is high-dollar real estate in and around Research Triangle Park. Cities and counties may have to condemn private property to build retention ponds and other stormwater devices, state and local officials say.

In Durham County, that could cost $10 million or more, according to the county's engineering office. Across the affected region of the state, putting the changes into play could cost more than $400 million, said Gannon, the water quality division supervisor.

If the regulations are approved, cities and counties would first have to conduct a feasibility study -- which in Durham County would cost $150,000, officials say. Eventually, cities and counties would create their own timelines and action plans to make the changes. The changes, while costly, could be stretched over many years, Gannon said.

"We understand if it needs to take decades," Gannon said. "We say, 'Just work steadily towards the goal.' "

Advantage cited

Though the costs of this undertaking will be jarring for many local governments, their ability to create their own timelines will be an advantage, said Sidney Miller, water resources program manager with the Triangle J Council of Governments.

In Durham, officials would prefer that all cities and counties be required to meet a standard nitrogen level, which is what the proposed state guidelines recommend for new development. In the future, developers would have to include enough stormwater devices within their building projects to have no more than 2.2 pounds of nitrogen per acre.

The retrofitting of existing property can be both expensive and complicated, local soil and water experts say.

"It's definitely not something that's easy," said Leila Goodwin, Cary's water resources manager. "But if there was an easy answer, we would have already done it."