Local News

Lawsuit alleges developer is polluting Raleigh's drinking water

Sound Rivers is suing Mungo Homes for allegations the company is violating the Clean Water Act by polluting Martin Branch Creek with sediment. The creek flows into Falls Lake, a drinking water source. The developer is denying the allegations.
Posted 2023-10-19T19:00:30+00:00 - Updated 2023-10-19T22:40:13+00:00
Developer sued in Durham, accused of polluting Falls Lake

The source of Raleigh's drinking water is at the center of a lawsuit.

The environmental advocacy group Sound Rivers Inc. is suing Mungo Homes, claiming the developer has violated the Clean Water Act more than 20 times in the past year and endangering Falls Lake.

The lawsuit claims a development called Sweetbrier along Olive Branch Road is polluting Martin Branch Creek with sediment. The creek is a tributary to Lick Creek, which ends up in Falls Lake, a drinking water source.

Mungo Homes is building 616 homes and townhomes on a 200-acre parcel less than one mile from Martin Branch Creek.

Sediment pollution can damage water quality along with harming plant and aquatic life.

Samantha Krop said she monitors waterways as a riverkeeper for the Neuse River Basin.

“We have documented sediment running off of their development site to that public waterway,” Krop said. “We know for a fact that sediment from their grating, their development, is entering the waterway.

“And then, we have documented that sediment from entering Lick Creek, downstream, significantly changing the water quality."

Mungo Homes released a statement to WRAL News:

“Mungo Homes is committed to maintaining high standards for environmental stewardship in the building and development process and prioritizing best management practices to ensure stable property conditions in the Sweetbrier development,” the statement reads. “Mungo Homes has worked with regulatory partners to ensure the Sweetbrier development has received appropriate approvals and continued oversight.

“The Sweetbrier development has never received a notice of violation from regulatory agencies and any requests made by regulators related to erosion control systems were addressed in a timely manner. The Sweetbrier development is in compliance with regulating authorities.

“We do not agree with the allegations made against Mungo Homes and we remain committed to building a beautiful community in the Falls Lake area.”

Also, Mungo Homes said the site received rezoning approval in December 2019 and received the first permits to start land development in March 2020.

Homeowner Tammy Champion has lived next to Lick Creek for 30 years. She said the water gets worse when it rains.

“It used to be a nice little creek with the running water and now it's red,” Champion said. “It's tomato soup a lot of time depending on the rain and those kinds of things."

Champion said she thinks the cause of the issue is “mostly the development.”

“It was clear [before],” she said. “You could see little minnows.”

On Thursday, WRAL News spoke with Durham County erosion control supervisor Jonathan McNeill about the allegations brought forth by Sound Rivers.

“The site has not been issued a notice of violation [NOV],” McNeill said. “I do not have documentation of sediment loss which is an immediate notice of violation.

“We issue those regularly for sites, this site does not have one."

McNeill said he would have issued an NOV if he had documented sediment loss.

“Mungo [Homes] and [its] contractor, Iron Horse, were very responsive on-site to address issues before it became a problem [and] before it was sediment loss,” McNeill said. “So, that was definitely helpful.”

McNeill said there are several sites draining into the same creek system that flows into Falls Lake. He said county and state leaders have evaluated the area.

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