The future of Chapel Hill’s property off Legion Road caused a stir last winter as some residents debated whether to build affordable housing and a park on the site or to leave it untouched. One of the reasons residents against development shared was their fondness of a three-acre pond.
But as the town looks to continue its planning for the property, engineers are making one thing clear: the pond in its current state will have to be drained over safety and infrastructure concerns.
In December, the Chapel Hill Town Council voted to retain ownership of all 36 acres of the property it bought from the American Legion. The council and town’s goals are to build about nine acres of affordable housing along Legion Road while turning the rest of the site into a “world-class park.”
While the town is still in its initial stages of visioning for both of those components, determining the future of the pond – which is between Legion Road and the old American Legion building – is a top priority.
Chapel Hill hired the Raleigh-based engineers Garrett & Moore to examine the pond and its dam, and the team presented information during a council work session on May 17. Bernie Garrett with the consulting group said the man-made water feature is now regulated under state laws, but that it needs serious updates.
“Based on classification criteria,” he said, “the dam is classified as a ‘high hazard,’ primarily because it would cause economic damage of more than $200,000 if there [was] a dam failure.”
Garrett said that the tree growth along the dam could create a problem if one fell over and ripped up the ground. The overly steep slopes and erosion at an outlet pipe also indicate the need for change. With the pond discharging into a stream that flows through the nearby Turnberry and Meadows neighborhoods, Garrett said failure would present a real threat.
An aerial view of neighborhoods near the 1714 Legion Road property, with parcels outlined in pink and water sources marked in blue. Engineers told the Chapel Hill Town Council on May 17 that the stream flowing south from the pond presents a significant hazard to the surrounding communities if the pond’s dam were to fail. (Photo via NC OneMap / Garrett & Moore.)
To bring the dam up to compliance with state laws, the engineer said Chapel Hill has only two options: repair the dam or remove it entirely. Either of those options includes draining the pond to seek out its water source, breaching the dam, and removing trees from around it.
“We really have to see what [the land] looked like before the pond was built,” Garrett said. “There is some springhead, probably within the limits of the water surface, that is feeding it on a regular basis. The question is: where does that springhead emerge within the pond itself?”
As it was a work session, town council members did not vote whether to remove or repair the dam. But Garrett told them either option would also take about two years to do between permitting, potential construction, and seeing how the water source responds to any removal.
Council Member Camille Berry said the news of significant change to the pond did not surprise her, since stormwater staff members for Chapel Hill have indicated the dam was likely a risk. She said, in her mind, it has been the top priority for getting started on Chapel Hill’s plans to change the site.
“That’s a non-issue: we have to [act],” said Berry. “Otherwise, we would be negligent. We’ve all said it here in public record, we all acknowledge it. I don’t think we have to really challenge [engineers] for telling us what we know, but you gave us more specifics here tonight.”
The town council did express general interest in beginning the necessary steps for creating a vision of the park and affordable housing neighborhood. In its consent agenda on May 24, the elected officials approved a request from town staff to begin seeking a partner for the housing component – with the town aiming to finalize a relationship in the fall.
During the work session, Council Member Amy Ryan said she wants to ensure the studies of the pond fit with the development of the park and housing concepts, describing it as “a balancing act.”
“Some of this is going to be a dance between making sure we understand the hydrology [of the pond before] we’ll understand what our options are for how we’re developing,” she said. “And it’s also making sure we’re coordinating with the park. I think we have a really good opportunity here to do a Complete Communities development. Instead of lopping off the affordable housing and [having it as] one piece, and [having] the park as another piece, I think we can create a really exceptional housing opportunity here by figuring ways to integrate the two.”
A Town of Chapel Hill sign on the 1714 Legion Road property, describing its role as an open space. According to the plan approved on December 7, 2022 by the town council, around 27 acres of the land is set to be an extended community park with added recreation features. The pond, however, may be a casualty based on the plans and its dam’s integrity.
Chapel Hill Mayor Pam Hemminger asked the engineering team to explore any estimated costs of the town reducing the pond’s size – although the true size itself wouldn’t be known until its water source is identified. She also requested the engineers explore the best time of the year for draining the pond. The mayor said that would be important for town events scheduled at the Legion Road property, the wildlife in the pond, and the local weather patterns.
“I know during the later summer months we have more drought conditions, normally,” Hemminger said. “In September, we tend to get the hurricane season with lots more rain. There’s got to be some kind of balance between the wildlife and not flooding out the neighbors with the draining – which I know you would do slowly.”
No date was determined for Garrett & Moore to return to the town council with further updates from Legion Pond. More information about the property and its development timeline can be found on the Town of Chapel Hill website.
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