A Durham developer has agreed to pay fines and fund new land protections after years of muddy runoff polluted streams that feed into Falls Lake, Raleigh’s primary drinking water source.
The settlement, announced Monday by the Southern Environmental Law Center (SELC) and Sound Rivers, ends a lawsuit against Clayton Properties Group, Inc., which conducts business in North Carolina as Mungo Homes. The lawsuit alleged that construction at the Sweetbrier subdivision in southeast Durham caused extreme sediment pollution in nearby creeks.
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Under the agreement, the developer must install stronger erosion controls and stabilize soils at the 616-lot subdivision off Olive Branch Road. The company will also pay $30,000 in civil penalties and $270,000 to the Triangle Land Conservancy to purchase and protect 62 acres in the Lick Creek watershed.
Sound Rivers and SELC documented more than 300 permit violations at the site, and water samples showed sediment levels 10 to 20 times higher than state standards. Excess runoff turned Martin Branch and Hurricane Creek bright orange before flowing into Lick Creek and ultimately Falls Lake.
“This settlement serves as a powerful deterrent,” said Samantha Krop, Neuse Riverkeeper with Sound Rivers. “It shows that if you pollute our waterways, there will be real legal and financial consequences. This isn’t just a win for Lick Creek. It’s a message to other developers and to the city that water quality has to be a priority.”
Sediment is the leading cause of water pollution in North Carolina. It can smother aquatic habitats, reduce insect populations that fish rely on and increase the cost of treating drinking water. Lick Creek has been on the state’s impaired waters list for years because of turbidity and low aquatic life.
In 2022, WRAL reported on residents’ concerns after runoff from active construction sites turned parts of Lick Creek “the color of tomato soup.” Advocates warned then that rapid development was straining fragile waterways in southeast Durham.
Mungo Homes said in a statement that it is “reaffirming [its] commitment” to environmental stewardship by adding "on-site sedimentation and erosion control actions that go above and beyond regulatory requirements."