Residents oppose Sam’s Express car-wash pump-and-haul plan; county attorney says zoning administrator found waiver not required

Residents from northeastern Chatham County urged the Board of Commissioners on July 21 to block a proposed Sam’s Express car wash that would use a pump-and-haul method to remove industrial rinse water, saying the site is too close to homes, a perennial creek and a corridor with rising traffic and crash history.

Residents' concerns At least seven residents and neighborhood speakers said the proposed facility on Highway 15501 would increase flooding, noise and light pollution, traffic hazards and risks to water and wells. Marjorie Hudson, who said her farm is "just across from the proposed Farrington Preserve Compact Community Development," told the board the area floods regularly and asked for a moratorium on compact-community development until flood-prone areas are mapped. "I ask that you put a moratorium on new compact community developments in the County until you can identify the areas most sensitive to flooding and put them off limits," Hudson said.

Other speakers cited public-safety and environmental examples: - Traffic and collisions: Marva Price cited five years of NCDOT crash data for a nearby Farrington Village intersection: "In the past 5 years, accidents have increased…At the Farrington intersection alone, there have been 44 crashes in this study area," she said, and noted several nonfatal injuries and one fatal crash in the series. - Wastewater history and risk: Owen Crenshaw pointed to Briar Chapel’s wastewater plant history and Septic spills: "Since 02/2016, the Briar Chapel treatment plant has reported 39 sewage spills totaling over 400,000 gallons…Now a new compact community has been proposed south of Briar Chapel sitting immediately next to Pokeberry Creek and wetland." Residents asked that the county study compact-community wastewater systems and their watershed impacts before approving additional developments relying on neighborhood treatment plants. - Pump-and-haul capacity and chemicals: Neighbors asked for a public list of chemicals to be stored and hauled, and for disclosure of whether the applicant or its hauler has prior DEQ-permitted storage sites.

County staff and legal response County attorney Bob Hagerman told the board the matter had been before the board in May when the applicant applied for a waiver; since then the county’s zoning administrator, Jason Sullivan, reviewed the ordinance and concluded a waiver is not required to use an industrial pump-and-haul disposal option in the Compact Community Ordinance's Section 7. "The zoning administrator has made a determination…that a waiver is not required, and the project can proceed using the proposed pump and haul of the industrial waste," Hagerman said.

Hagerman explained regulatory context and recourse: wastewater permits and treatment methods are regulated by the North Carolina Department of Environmental Quality; any county-level interpretation is subject to appeal. "Anybody who has standing…can appeal a determination to the county zoning board of adjustment," Hagerman said. He added that if the Board of Adjustment issues an adverse ruling the county itself has standing to appeal to superior court.

Public requests and next steps Speakers urged the board to deny the waiver request or to require additional public disclosures and environmental review. Among the requests: a list of chemicals to be stored and hauled, a traffic safety analysis tied specifically to the Market Chapel/Highway 15501 corridor, and further study of neighborhood wastewater systems’ cumulative effects.

Ending: County counsel said the zoning administrator will issue the determination in writing; residents were advised they have an appeal route to the Board of Adjustment and, if necessary, the courts.