PENDER COUNTY — Prompted by residents’ flooding concerns, one commissioner has called for a review when it comes to clearing trees, as Tropical Storm Debby left standing water in Scotts Hill neighborhoods’ roadways and homes.
READ MORE: Frustration boils over: Pender County residents rally about brown water
“I’m not sure which retention pond it came from, but I had minnows — not tadpoles, minnows — swimming in my closed garage,” Ellen Gurganious, a Scotts Hill resident, shared with commissioners at their meeting this week. “Clearly there’s something not operating correctly with the stormwater management system.”
Commissioner Brad George suggested revising a text amendment listed under zoning approvals in the county’s UDOs regarding when a development is allowed to begin cutting down trees. He advocated for the removal of the provision that permits developers to clear land before obtaining a permit.
“That will at least slow it down for a little while,” George said at Monday’s meeting.
It’s the second time the commissioner has brought up concerns in the last six months, both times it was introduced as a conversation and no motion or action was taken.
George broached the idea in March, as prompted by resident concerns of centuries-old trees being cut down near Poplar Grove Plantation for development to be scaled on 242 acres abutting the historic plantation that dates back to the 1800s.
The discussion came up again on the heels of Tropical Storm Debby, which dropped up to 15 inches in some areas across the region.
Two more Scotts Hill residents presented to commissioners photographs of flooding in the neighborhoods surrounding Scott Hill Loop Road — like Oakvale and Foy Plantation. They said it has increased recently, something they believe is due to recent developments in the area.
In the past two years, the Scotts Hill area has seen proposals combining close to 2,000 units with 1,697 of those already approved and some under construction.
Tina Whiteted Best said as of Friday, her family still has standing water on their property from Tropical Storm Debby. She pointed out they have lived in the area since the 1960s and weathered every hurricane.
“During Florence, we saw a little bit of flooding; it was gone within three days,” she said. “The water has hardly receded at all.”
Florence dumped 23 inches of rain in the tri-county region, breaking state rainfall records — but that was in 2018 before developments in this region of Pender County took off.
Michael Hobbs, a Scotts Hill resident from Foy Plantation, told Port City Daily on Friday his wife’s family has owned their home since 1996. The property has always been susceptible to flooding, although he noted that damage from Debby has been particularly severe.
“I’m afraid a home or family will have to suffer before any action on their part will be taken,” he said.
He lives close to Poplar Grove and the 242 acres currently being clear-cut by Mungo Homes, a developer based in Tennessee. According to the county’s website, updated in June of this year, the major subdivision has approval to start land grading but is still pending approval for phase one of developing 137 single-family homes on land off Scotts Hill Loop Road. The development faced significant opposition due to the extensive tree removal required, which involved hundreds of centuries-old oak trees.
“300-year-old trees used to be there,” George said, “that soaked up 1,000 gallons an hour are no longer there. All that water is in one of these people’s garages.”
He told commissioners Monday areas along Highway US-17 were experiencing flooding for the first time.
Nearby are recent developments including The Oak Grove at Blake Farm, a 186-unit senior living facility on 74.52 acres on the northern side of Sidbury Road, developed by Sidbury Developments.
Additionally, the Sweetgrass at Abbey Reserve project is currently under review by planning staff. This proposed development aims to build 228 units on 114.96 acres off Scotts Hill Loop Road. Brandi Cobb, a county representative, stated the development is still under review and has not yet been approved. It was presented to the technical review committee on Aug. 1.
In 2022, the county’s ordinances were updated to allow developers to begin land clearing before receiving final zoning approval. It has led to clear-cutting in many areas, which contributes to flooding by removing the vegetation that absorbs and slows down water absorption, in effect leading to increased runoff and soil erosion.
But before clearing the land, developers must first obtain an erosion and sedimentation control permit from NCDEQ, submit a tree protection survey and mitigation plan (if applicable), and meet all UDO standards.
The amendment also specifies that early approval for clearing and grading does not permit the construction of infrastructure like roads or power lines. Additionally, any tree protection and mitigation plans must be implemented, regardless of the final zoning approval outcome.
Proposed to commissioners two years ago by Trask Land Company, a Wilmington-based developer, the amendment’s intent was to speed up the development process. It highlighted a seven- to eight-month delay in state stormwater review permits, which the county previously required for zoning requests. Trask Land Company asked staff to consider the amendment to allow tree cutting and grading to proceed without waiting for the state permit.
According to the staff’s presentation to commissioners in August 2022, the amendment “seeks to increase efficiency in the application submittal and review processes while providing an opportunity to increase the speed of the development process if certain conditions are met.”
The amendments were passed unanimously by the commissioners at the time, but now all the current commissioners have changed, except for Jackie Newton, who is now supporting the idea to revise it.
“We can get it done for the trees,” George added at the meeting, to which Newton agreed, “Absolutely.”
Port City Daily reached out to George and Newton for further comment on how exactly to amend the ordinances or whether a tree protection ordinance should be put into place. An answer was received by press.
However, a tree ordinance would require approval from the General Assembly. Due to House Bill 496: “No county may adopt ordinances regulating the removal of trees from private property within the county’s jurisdiction without the express authorization of the General Assembly.”
It’s a step Brunswick County commissioners took earlier this year when it submitted a resolution to the GA that focuses on limiting clear-cutting and protecting heritage areas — it is still awaiting state approval.
George’s comments received support from Commissioner Randy Burton at Monday’s meeting. Burton acknowledged to Port City Daily while development is inevitable due to current growth trends, clearing land could be managed more thoughtfully.
“If a developer comes to the planning board or the TRC board and they lay out a plan for development, I think they’ll have some common sense at the table to sit down and say, ‘All right, here’s an area where we need to save older trees,’ and, you know, things like that.”
Burton relates to resident concerns, he said, because his family has roots in the Scotts Hill area.
“I’ve got skin in the game,” he said. “My family, my children, my grandchildren [are] in Pender County, I live in Pender County.”
Burton also noted he does not believe developers intentionally try to impact people’s properties in negative ways. The commissioner emphasized the approval process now includes stricter requirements for managing stormwater runoff and mitigating potential flooding than it did years ago when some of the long-standing resident’s homes were built. However, he expressed an understanding of their concerns, suggesting improved transparency and communication among commissioners, developers, and residents could help address the issues.
“I think it could be done smartly, and I think it could be a win, win on both sides,” Burton said.
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