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uphold the Constitution core idea that man's life, liberty and property not being subject to uncontrolled power of the state. This is not a benefit to her or her property. She asked that the two acre minimum be upheld and that the five-acre minimum be denied. Mr. Alan Spalt, a Carrboro resident and a member of the Cane Creek Watershed Study Committee, stated that that Committee undertook a thorough, balanced and open study of the watershed water protection situation. Its too much to expect that everyone agree with the results but it is fair to say that people went into this with the expectation that measures substantially different that those required for University Lake would be required to protect Cane Creek. They learned when the first phase of the consultants report came back, that although Cane Creek is a high quality water supply, it is not as high as was originally expected nor is it free from substantial vulnerability from activities in the watershed both natural and from agricultural and development use. There is stratification of the water and high manganese content in the lower water that is somewhat problematic. There is also the potential for and actuality of algae blooms in the water that make it such that it requires more protection than was anticipated. When the technical work was done they were faced with the situation that instead of being substantially different than University Lake it turned out to be comparable. The recommendations that are before you, which probably seem familiar, are comparable to those in University Lake. They have attempted to try to provide measures of compensation to deal with issues affecting the community. However, they are faced with a situation where prevention, through watershed protection, is by far the best measure. It is the safest way to protect the water supply. Engineering solutions are used in treating the finished water but the end of the pipe kinds of solutions are not as good or as reliable. As water standards become tighter, the prevention strategies are more desirable. The phrase that the "current watershed protection that is in place now is insufficient to prevent deterioration of the water quality" is the key. The kind of recommendations that are before you are to provide that protection for the water quality. In regard to the Flexible Development Plan he asked that they look very carefully at the record of Community Water Systems and Waste Water Treatments Systems, before approving any kind of proposal that would allow that kind of system. He mentioned the situation in University Lake where a company described as "the Cadillac of private- public utility companies" installed alternative systems. In the last ten years, every one of the systems installed by that company has gone bad and has been bailed out by local governments or residents. The company itself is bankrupt. These are problematic systems. Mr. Carl Shy stated that the issue here is one of disequity in the treatment of the people who are residents in the Cane Creek Watershed. They would lose some of the economic potential for development of this land. There are no provisions being made for the loss of this economic opportunity. The issue is protecting the watershed which is based on the amount of discharge. Two five-acre properties could have more discharge than five two-acre properties. The real issue is to protect the watershed from discharge. There must be other options that would limit discharge so that there is not an excess of discharge from the two-acre lots. Technology could be used to limit the discharge. The Air Quality Act is a good example of an emission budget being issued. Then emissions were considered as a whole in the budgeted area. Something similar could be established with regard to the discharge within the entire watershed. People could decide on their own if they wanted to develop at two-acres. People with more land could be compensated if they did not develop. If this proposal is implemented, there would be no Q:\19981123.doc®