WS Watershed Historic_20200615

dos SfA�o
b, ENVIRONMENTAL MANAGEMENT COMMISSION
David H. Moreau
Chairman
A Charles Peterson
NORTH CAROLINA Vice Chairman
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Don Abernethy
Anne B arnes
Daniel V.Besse
Moses Carey,Jr.
Franklin S.Clark,III
Vacant
Marion E.Deerhake
Robert Epting
December 12,2001 Will B.Fowler
Leo Green,Jr.
Ms. Sarah Sims Larry M.Jordan
Graham County Planning Dept. Edwin S.Melvin
P.O. Box 575 Robert G.Ray
Robbinsville,NC 28771 Frederick B.Starr
Ryan D.Turner
Re:. Water Supply Watershed Protection Ordinance Approval
Dear Ms.Sims:
The purpose of this letter is to inform you that the Water Quality Committee of the Environmental Management
Commission,in their December 12,2001 meeting,reviewed and approved the Water Supply Watershed
Protection Ordinance submitted by Graham County. -Please be advised that subsequent amendments must meet
or exceed the minimum statewide standards and must be submitted to the Division of Water Quality for approval.
The Water Quality Committee and the Division are extremely pleased with the effort your community has
demonstrated throughout this process.
If you have any questions regarding the Water Quality Committee's decision or any other questions regarding the
Water Supply Watershed Protection Program, please contact Megan Owen at 919-733-5083 ext. 572. Your
interest and cooperation in protecting one of our state's most vital resources, water supply watersheds,is greatly
appreciated. Congratulations on your accomplishment.
Sincerely,
O H
Dr. Charles H.Peterson
Cc: . Megan Owen,DWQ
Jim Reid,DWQ,ARO
rryE£FrastrDWQ,ARO
Central Files,Water Supply Watershed Protection, Graham County =— --
Reader Files
a.9_ JAN 2 5
An Equal Opportunity Affirmative Action Employer

PC
DENR
, 'Resources 1 0 2010
North Carolina Department of Environment and Natura '
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins t L ER,QUALFY 0eel Free man,
Governor Director E n.sy i`11L r:= 1°� ''—°S eretary
L_ _ -- -
February 8, 2010
Lynn Cody
County Manager
Graham County
12 North Main St.
Robbinsville,NC 28771
Dear Mr. Cody:
The purpose of this letter is to inform you that the Division of Water Quality(DWQ) will be conducting an
audit of Graham County's Water Supply Watershed Protection Program during the month of March 2010.
Please call Julie Ventaloro at [phone] to set up the date and time that will work best for you.
DWQ believes this audit is necessary to assist Graham County in correcting a possible local program
deficiency pursuant to N.C. General Statute §143-214.5. The County was notified of this deficiency most
recently in a letter from DWQ dated September 29, 2009. A copy of that letter is attached for your
reference. To date, DWQ has not received a response from the County. The identified program deficiency
is failure to adopt and implement a watershed protection ordinance in the following water supply watershed
areas: Yellowhammer Branch(WS-I); Rock Creek(WS-I); Long Creek(WS-I); Burgan Creek(WS-I);
Cheoah River(WS-III-CA, WS-III-PA); and Fontana Lake (WS-IV-CA, WS-IV-PA).
The Water Supply Watershed Protection Act(N.C.G.S §143-214.5) and Rule 15A NCAC 2B .0104(b)
require that all local governments having land use jurisdiction within a water supply watershed adopt and
implement land use ordinances. The ordinances must meet the minimum requirements of the
Environmental Management Commission's (EMC)rules under 15A NCAC 2B .0200 for the classification
assigned to the watershed. Failure by a local government to adopt land use ordinances can result in
assumption of the local program by the EMC and civil penalties. Upon assumption of a local program, civil
penalties of up to $10,000 per month may assessed pursuant to N.C.G.S §143-215.6A(e).
Thank you for your prompt attention to this matter. We are hopeful that this deficiency can be resolved
without enforcement action by DWQ. We look forward to hearing from you to schedule the audit in
March. If you have any questions,please contact Julie Ventaloro at(919) 807-6370 or
julie.ventaloro(a,ncdenr.gov.
Wetlands and Stormwater Branch
1 C-17.i-A it Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One,t�
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOl l.liCaroli le`9-.
Internet:www.ncwaterquality.org f
An Equal Opportunity\Affirmative Action Employer

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2/8/10
Sindere ,
John Hennessy
NPS-ACO Unit Supervisor
cc: Kim Crisp, Assistant County Manager, Graham County
Julie Ventaloro, WSWP Program, DWQ Central Office
Roger Edwards, Asheville DWQ
Sus n�Wilson - shevvlhe DWW
Enclosures: September 29, 2009 letter from DWQ to County Manager Lynn Cody w/attachments

u
Y,
MCDEMR
Orr
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 29,2009
Lymi. Cody
CountyManager
Graham County
12 North Main St.
Robbinsville,NC 28771
Dear Mr. Cody:
The purpose of this letter is to notify Graham County of a possible local program deficiency pursuant to
N.C. General Statute §143-214.5. The identif ed program deficiency is failure to adopt and implement a
watershed protection ordinance in the following water supply watershed areas: Yellowhammer Branch
(WS-I);.Rock Creek(WS-I); Long Creek(WS-I); Burgan Creels(WS-I); Cheoah River(WS-III-CA, WS- .
III-PA); and Fontana Lake (WS-IV-CA, WS-IV-PA).
The Water Supply Watershed Protection Act(N.C.G.S §143-214.5) and Rule 15A NCAC 2B .0104(b)
require that all local governments having land use jurisdiction within a water supply watershed adopt and
implement land use ordinances. The ordinances must meet the minimum requirements of the
Environmental Management Commission's (EMC)rules under 15A NCAC 2B .0200 for the classification
assigned to the watershed. Failure by a local governinent to adopt land use'ordinances can result in
assumption of the local program by the EMC and civil penalties. Upon assumption of a local program, civil
penalties of up to $10,000 per month may be assessed pursuant to N.C.G.S §143-215.6A(e).
The streams named above and associated tributaries were classified as Water Supply (WS-)waters by the
EMC effective August 1992. Counties were required.to adopt and submit land use ordinances by January 1,
1994. Graham County failed to meet that deadline. Our records and staff investigations indicate that the
county.has failed to adopt an ordinance to date..
A file review indicates that NCDENR initially informed the county of this deficiency in a letter dated
February 4, 1994. County Manager Pat Irons' response letter dated March 2, 1994 suggests that an
ordinance and map were adopted by the county and submitted for EMC approval. Our records indicate that
the county's submission was incomplete and thus never received EMC approval. Additionally, DWQ has
recently learned that the ordinance and map referred to in the 1994 letter were never adopted by the county.
Wetlands and Stormwater Branch
1617 Mail Service Center,Raleigh,.North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ne IiCcarol.ina
Internet:www.ncwaterquality.org � ���� ��
An Equal Opportunity l Affirmative Action Employer

9/29/09
In March 2001, DWQ met with county staff to assist the county with preparing an ordinance and snap. A
letter dated November 27, 2.001 from County Planner Sarah Sims to DWQ suggests that the county adopted
a watershed ordinance on November 19, 2001. A letter.dated December 12, 2001 from EMC Vice
Chairman Peterson to Sarah Sims states that the ordinance submitted by Graham County was approved by
the Water Quality Committee (WQC) of the EMC. However, it is DWQ's understanding that this ordinance
was not actually adopted. If this is the case,the action taken by the WQC is invalid since the county did not
adopt the ordinance as suggested in their letter of November 27, 2001, and appropriate ordinances are still
required.
Graham County must address this possible deficiency by adopting and implementing a watershed ordinance
and map for the watershed areas listed above.
To avoid enforcement action, the following actions must be taken:
1. Adopt and implement the appropriate watershed protection ordinance, or provide documentation that
an ordinance has already been adopted in compliance with current WSWP rules.
2. . Submit to DWQ three copies of the county's ordinance for approval by the EMC or its designee.
3. Submit to D'JVQ a letter from the county attorney certifying that the ordinance, as adopted, meets or
exceeds state:requirements
4. Submit to DWQ an updated 1:24,000 USGS topographic map indicating your local government
boundaries and the location of the reclassified waters, including critical area and protected area
boundaries within your jurisdiction.
Please provide this office a report on the status of the county's compliance efforts within 30 days. of receipt
of this letter. Please send this information-to the attention of Julie Ventaloro at NC DWQ, Wetlands and
Stormwater Branch, 1617 Mail Service Center, Raleigh,NC 27604. `
Thank you for your:prompt attention to this matter. If you would like to schedule a meeting regarding this
matter, or if you require technical assistance,please contact Julie Ventaloro at(919) 807-6370 or
julie.ventaloroQncdenr• og_v.
P
y,nnessy --w.....
NPS-ACO Unit Supervi or
cc: Kim Crisp, Assistant County Manager, Graham County
Julie Ventaloro, WSWP Program, DWQ Central Office
Roger Edwards, Asheville DWQ
Susan Wilson, Asheville DWQ
Enclosures

w ' " ENVIRONMENTAL MANAGEMENT COMMISSION
David H. Moreau
v '1 Chairman
Charles Peterson
NORTH CAROLINA Vice Chairman
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor
William G. Ross Jr.,Secretary
Don Abernethy
Anne Barnes
Daniel V.Besse
Moses Carey,Jr.
Franklin S.Clark,III
Vacant
Marion E.Deerhake
Robert Epting
December 12,2001 Will E..Fowler
Leo Green,Jr.
Ms.Sarah Sims Larry M.Jordan
Graham County Planning Dept. Edwin S.Melvin
P.O.Box 575 Rober:G.Ray
Robbinsville,NC 28771 Frederick B.Starr
Ryan 1D.Turner
Re: Water Supply Watershed Protection Ordinance Approval
Dear Ms.Sims:
The purpose of this letter is to inform you that the.Water Quality Committee of the Environmental Management
Commission,in their December 12,2001 meeting,reviewed and approved the Water Supply Watershed
Protection Ordinance submitted by Graham County. Please be advised that subsequent amendments must meet
or exceed the minimum statewide standards and must be submitted to the Division of Water Quality for approval.
The Water Quality Committee and the Division are extremely pleased with the effort your community has
demonstrated throughout this process.
If you have any questions regarding the Water Quality Committee's decision or any other questions regarding the
Water Supply Watershed Protection Program,please contact Megan Owen at 919-733-5083 ext. 572. Your
interest and cooperation in protecting one of our state's most vital resources,water supply watersheds,is greatly
appreciated. Congratulations on your accomplishment.
Sincerely,
n ,
Dr. Charles H.Peterson
Cc:: Megan Owen,DWQ
Jim Reid,DWQ,ARO
Larry Frost,DWQ,ARO
Central Files,Water Supply Watershed Protection,Graham County
Reader Files
An Equal Opportunity Affirmative Action Employer

Graham County Planning Office
P.O. Box 575
Robbinsville, North Carolina 28771
November 27, 2001
Megan Owen,Community. Planner
NC Department of Environment &Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Megan:
Please find enclosed an original copy of Graham County's Watershed Ordinance which was passed
by the Graham County Board of Commissioners on November 19, and will take effect on January 1,
2002. I will be sending the Watershed maps under separate cover.
In all probability, Graham County will need some help in getting staff trained to enforce the
ordinance. I have the name of Larry Frost in the Asheville office that.you provided,and we'll be
calling on him to help us.get started.
Thank you so very much for all your expert help in drafting the document,and for your patience
through revisions, public hearings, and passage. It has been a pleasure to work with you.
Sincerely,
Sara h'.J..�I s
Graham County/Robbinsviile Planner
Enclosure: `Graham County Watershed Ordinance
Vn&r separate cover: Watershed Maps
cc: Jeff Cabe,County Manager
.... ......

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PROPOSED
i
WATERSHED PROTECTION ION ORDINANCE
ry
FOR GRAHAM COUNTY
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Am ority and Enactment.
The Legislature of The State of North Carolina has, in Chapter 153A, Article 6, Section 121,
General Ordinance Authority; and Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or.directed local government units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. The Governing Board of
Graham County does hereby ordain and enact into law the following articles as the Watershed
Protection Ordinance_
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as'a Public Water Supply
Watershed by the N.C. Environment Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of Graham County, North Carolina"
("the Watershed Map"), which is adopted simultaneously herewith. The Watershed Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance.
This.OTdinance ,shall be permanently kept onf file in the office of the County Clerk.
Section 103. Exceptions to Applicability:
A. Nothing contained herein shall repeal; modify, or amend any Federal or State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance with these
regulations specifically replace;,nor shall any provision of this Ordinance amend, modify, or
restrict any provisions of the Code of Ordinances of Graham County, however,the adoption of
this Ordinance shall and does amend any and all ordinances,resolutions, and regulations in effect
in the county at the time of the adoption of this Ordinance that may be construed to impair or
reduce the effectiveness of this Ordinance or to conflict with any of its provisions.
B. It is not intended that these regulations interfere with any easement,covenants or other
agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards forthe use of a building or land,then the provisions of these
regulations shall control.
C. Existing development, as defined in this ordinance, is not subject to the requirements of
this ordinance. Expansions to structures classified, as existing development must meet the
requirements of this ordinance,however,the built-upon area of the existing development is not
required to be included in the density calculations.
l

ra
Michael F.Easley
Governor
William G,Ross Jr.
Department of Environment and Natural Resources
Ile "° Kerr T;Stevens
Division of Water Quality
TO: Mr. Dale Wiggins
FROM: Megan Owen
DAT E: 3/9101
FAX NUMBER:828-479-7988
NUMBER OF PAGES:-9-
Mr. Wiggins:
As you may well know, your former contact in the Division of Water Quality for your Water
Supply Watershed Protection Program, Jeff Coutu, has moved on in his career path. I, Megan
Owen, am your new contact. After going through Jeff's files, I am aware that there is ongoing
activity between DW.Q and the Graham County regarding your Water Supply Watershed
Protection Ordinance. I am hoping to work with you to resolve any issues that might remain,
and ultimately seek state approval for your Ordinance.
As far as I can tell from Jeff's files, Graham County drafted and locally-adopted an Ordinance on
December 20th, 1993. However, there is no record of formal state approval by the
Environmental Management Commission's Water Quality Committee. Also, in •1995 there were
a number of revisions to the State Rules, which require an update to your Ordinance. Hence, at
this point 1 believe it would be beneficial to Graham County and to the State that we work
together to bring the County's Ordinance up to date and submit it to the Water Quality
Commission for final approval in July of 2001.
If you are willing to work with me, I pledge to you to see your Ordinance through to approval. As
a first step, I hope to meet with you on Wednesday, March 141h around 2 p-m: In preparation for
that meeting, I will review your Ordinance and make suggested changes, as well as, gather
information about the Water Supply Watershed Protection Program for your perusal. You need
not do anything but show lap and bring any questions you might have. Our meElting will cover
the.review of your.Ordinance and the basics of the program. In the future, if you need further
assistance, my unit in the Division of Water Quality.offers site`visits to give technical assistance
on any issue related to the program..
I have attached information.from our website that gives a summary of the program. The
address is: http://h2o.enr.state.nc.us/wswp/indox.htmi. .*
Thank you in advance for your time and attention to this matter: I look forward -to working with
you: If you have any questions or comments please don't hesitate to contact me at 919-733-
5083, ext. 572 or [e-mail].
Megan ,
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 • [phone] h1tpJ/h2o.enr.sta1e.nc.us
1-877-623-6748

Water Supply Watershed Protection history h1tp://h2o.enr<sta1e.nc,us
History of the N. C. Water Supply Watershed Protection Program
1986 Voluntary Program
® 1989 Ratification of HB 156
® 1990-1 Public Meetings .
1992 Reclassifications.and rules
* 1993-4 Local ordinances due
1995 Amendments
® 1997 Program challenged-in NC Supreme Court
The Environmental Management Commission and the Division of Water Quality fDWQ) have
administered a Water Supply Protection Program since 1986. Initially, the program was administered
voluntarily by counties and municipalities pursuing protective measures for their water supply watersheds.
The measures included limitations on the number and type of wastewater discharges which were allowed
in the water supply watersheds. These limits were administered by the Division of Water Quality; and, in
turn,local governments would adopt and enforce land use control ordinances to protect surface waters
from nonpoint pollution sources,namely stormwater runoff.
In time, it became apparent thaf.minimum statewide water supply protection measures were necessary,
especially where multiple local governments had land use jurisdiction within a single water supply
watershed. In 1989, the North Carolina General Assembly ratified the Water Supply Watershed Protection
Act (the Act), codified as General Statutes 143-214.5 and 143-214.6. The Act mandated the Environmental
Management Commission to.adopt minimum statewide water supply protection standards by January 1,.
1991 and to reclassify all existing surface water supply watersheds to the appropriate classification by
January 1, 1992. These dates were modified by the General Assembly in 1991.
Over 40 informational meetings and workshops were conducted across the state to present the
requirements of th-,-Act and the proposed water supply protection rules. Eight public hearings on the Rules
were held across the state in August of 1990 and were attended by over 800 people, with 160 providing
verbal comments. :[n addition, over 1600 pages of written comments were received. The Environmental
Management Commission adopted the Rules in December 1990 in compliance with the January 1, 1991
deadline. However, since the surface water supplies had not yet been reclassified, the Commission
postponed the effective date of implementation.
Division staff worked with local governments in determining the location of all surface water intakes and
existing land use within the water supply watersheds. This information, in conjunction with information on
the types and location of wastewater discharges, was used to determine the appropriate classification for
the 208 surface water supplies in the state. Twelve public hearings were held on the reclassifications
during August of 1991 in order to receive comments. The Commission also decided to bring the adopted
Water Supply Watershed Protection Rules with proposed modifications back to public hearing. Over 2400
people attended the public hearings with more than 400 making verbal comments. Over 3000 written
comments were received. The final version of the Water Supply Watershed Protection Rules were made
effective on February 13, 1992. The Environmental Management Commission reclassified all of the
surface water supplies on May 14, 1992 and the classifications became effective.in August of 1992.
The Water Supply Watershed Protection Rules adopted in 1992 required that all local governments having
land use jurisdiction within water supply watersheds adopt and implement water supply watershed
protection ordinances, maps, and a management plan. The.Rules required all .municipalities with a
population greater than 5000 to submit their adopted ordinances to the Commission by July 1, 1993.
Municipalities with populations less than 5000 were to submit their ordinances by October 1, 1993. And
r of 2
3/9/01 11:32 AM

atcrshed Protection History hitp://112o.enr.statC,DC.us/wswp/hfstory.liU;
all affected counties were scheduled to submit their ordinances by January 1, 1994. In order to assist local
governments, a model ordinance was approved by the Commission on July 9, 1992. 7Fhis document
suggests appropriate language for adopting an ordinance under the general adoption powers; however, the
language is useful for local governments adopting their ordinances as zoning overlay districts and also for
local governments implementing the Rules by amending their subdivision regulations.
All local governments subject to the regulations have submitted ordinances in compliance with the
statutory deadlines; however, as of the time of publication of this document, not all of the ordinances have
been reviewed,and approved by the Environmental Management Commission. The Division of Water
Quality works closely with local governments to assist in the implementation of the rl;quired local
programs. Division staff have met individually with local government officials and planners, and have
conducted numerous public information sessions and workshops across the state. During this information
exchange, many local governments expressed the need for more flexibility in the administration of the
Water Supply Watershed Protection Program.The Division of Water Quality responded to these concerns
by proposing amendments to the Water Supply Watershed Protection Rules to allow more flexibility in the
local government watershed protection regulatory process. The amendments were approved by the
Environmental Management Commission on June 8, 1995 and became effective on August 1, 1995.
Return to the`'Water Supply Watershed Protection Program Home Pag
rA4ANC EN
I,Z, A 117,10/7,
.I
http://h2o.enr.state.iic.uslwswp/history.htmi (Last Updated:. February 9,2001)
2 of 2 ;
3/9/01 1 1:32 AM

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State of North Carolina
Department of Environment,
Health and Natural Resources a
Division of Environmental Management
James B. Hunt,Jr.,Governor - - -
Jonathan B, Howes,Secretary
A. Preston Howard,Jr., P.E„ Director
February 4, 1994
Ken Turner
County Manager A
P.O. Box 575
Robbinsville, NC 28771.
Dear Ken Turner,
The purpose of this letter is to inform you that your package submitted for approva'by the
Environmental Management Commission (EMC) in accordance with the Water Supply
Watershed Protection Act (NCGS 143-214.5)was incomplete. The following item(s) indicated
by an'W', must be submitted within 30 days.
---��—Water Supply Protection Ordinance.(3-eepiea) z
1:24,000 Topographical map with the watershed boundaries marked
Management Plan (3�Z
Letter front county attorney certifying that the ordinance meets or exceeds
stale requirements
Check list noting where required sections are located within ordinance
If you need assistance in completing any of the items indicated,please contact the!DEM
Regional Office, Division of Community Assistance Regional Office or Lead Regional Agency in
your area.
Please be aware that failure to submit any of the above requirements may result in the imposition
of civil penalties. Please note that this letter does not imply that any part of the package has
been reviewed or approved by the EMC. As soon as the Commission has reviewed your
ordinances, we will inform you of their decision.
"thank you for your cooperation.
ell
A <ist,raC Ct %for l,L3rrrlii'G
GJT/LM
cc: Division of Community Assistance ARO
;DEM Water Quality Supervisor ARO
Steve Zoufaly
Lise Martin
P.O.Box 29536,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/10%post-consumer ipaper

i

P.O. Box 575
Robbinsville, NC 28771
[phone]
William Halt Jenkins Pat S. Irons
Chairman county Manager
Ralph L. Crisp March 2, 1994' Leonard Lloyd
Vice•Churrnfln Courrty Attorney
Raymond Williams Janet Lequire
Member County Clerk
State of North -Carolina
Dept . of Environment
Health and Natural Resources
Mtn.: Lisa Martin
'P.O. `:-Box 29535
Raleigh', N.C. 27626-0535
Re : Graham County
Watershed Protection
Dear Ms. Martin:
Enclosed is the information requested by your agency for the
following:
1) Water Supply -Protection
Ordinance-3 copies
2) Management . Plan-3 copies
3) Check List
Note : 1 : 24,000 Topographical map sent under separate
cover.
Please advise if further information is required.
Sincerely yours ,
Pat S. Irons, Manager
County of Graham
J1
cc : Gregory Thorpe
Steve Zoufaly
"Graham County Pride"

w S w .1,� Issue
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
• u..r. `,
September 29, 2009
El v E
_ D r
i e.
1 " e
' OCT - 6 2009
Lynn Cod
County Manager -
WATER QUALITY
Graham Count SECTION
Y ASHEVILLE REGIONAL OFFICE
12 North Main St. �-
Robbinsville,NC 28771
Dear Mr. Cody:
The purpose of this letter is to notify Graham County of a possible local program deficiency pursuant to
N.C. General Statute §143-214.5. The,identified program deficiency is failure to adopt and implement a
watershed protection ordinance in the following water supply watershed areas: Yellowhammer Branch
(WS-I); Rock Creek(WS-I); Long Creek(WS-I); Burgan Creek(WS-I); Cheoah River(WS-III-CA, WS-
III-PA); and Fontana Lake(WS-IV-CA, WS-IV-PA).
The Water Supply Watershed Protection Act(N.C.G.S §143-214.5) and Rule 15A NCAC 2B .0104(b)
require that all local governments having land use jurisdiction within a water supply watershed adopt and
implement land use ordinances. The ordinances must meet the minimum requirements of the
Environmental Management Commission's (EMC)rules under 15A NCAC 2B .0200 for the classification
assigned to the watershed. . Failure by a local government to adopt lanct use ordinances can result in
assumption of the local program by the EMC and civil penalties.' Upon assumption of a local program, civil
penalties of up to $10,000 per month may be assessed pursuant to N.C.G.S §143-215.6A(e).
The streams named above and associated tributaries were classified as Water Supply(WS-)waters by the
EMC effective August 1992. Counties were required to adopt and submit land use ordinances by January 1,
1994. Graham County failed to meet that deadline. Our records and staff investigations indicate that the
county has failed to adopt an ordinance to date.
A file review indicates that NCDENR initially informed the county of this deficiency in a letter dated
February 4, 1994. County Manager Pat Irons' response letter dated March 2, 1994 suggests that an
ordinance and map were,adopted by the county and submitted for EMC approval. Our records indicate that
the county's submission was incomplete and thus never received EMC approval. Additionally, DWQ has
recently learned that the ordinance and map referred to in the 1994 letter were never adopted by the county.
Wetlands and Stormwater Branch
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 T�7 ,1 t
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 e
1y One
01111i1
Internet:www.ncwaterquality.org ' ��
An Equal Opportunity 1 Affirmative Action Employer

Page.2 of 2
9/29/09
In March 2001, DWQ met with county staff to assist the county with preparing an ordinance and map. A
letter dated November 27, 2.001 from County Planner Sarah Sims to DWQ suggests that the county adopted
a watershed ordinance on November 19, 2001. A letter dated December 12, 2001 from EMC Vice
Chairman Peterson to Sarah Sims states that the ordinance submitted by Graham County was approved by
the Water Quality Committee (WQC) of the EMC. However, it is DWQ's understanding that this ordinance
was not actually adopted. If this is the case,the action taken by the WQC is invalid since the county did not
adopt the ordinance as suggested in their letter of November 27, 2001, and appropriate ordinances are still
required.
Graham County must address this possible deficiency by adopting and implementing a watershed ordinance
and map for the watershed areas listed above.
To avoid enforcement action,the following actions must be taken:
1. Adopt and implement the appropriate watershed protection ordinance, or provide documentation that
an ordinance has already been adopted in compliance with current WSWP rules.
2. Submit to DWQ three copies of the county's ordinance for approval by the EMC or its designee.
3. Submit to DWQ a letter from the county attorney certifying that the ordinance, as adopted,meets or
exceeds state requirements
4. Submit to DWQ an updated 1:24,000 USGS topographic map indicating your local government
boundaries and the location of the reclassified waters, including critical area and protected area
boundaries within your jurisdiction.
Please provide this office a report on the status of the county's compliance efforts within 30 days of receipt
of this letter. Please send this information to the attention of Julie Ventaloro at NC DWQ, Wetlands and
Stormwater Branch, 1617 Mail Service.Center, Raleigh,NC 27604.
Thank you for your prompt attention to this matter. If you would like to schedule a meeting regarding this
matter, or if you require technical assistance,please contact Julie Ventaloro at(919) 807-6370 or
j ulie.ventaloro gncdenr.g_ov.
gJohnHenness
ye
y
NPS-ACO Unit Supervi or
cc: Kim Crisp, Assistant County Manager, Graham County
Julie Ventaloro, WSWP Program,DWQ Central Office
Roger Edwards, Asheville DWQ
Susan Wilson, Asheville DWQ
Enclosures

State of North Carolina $
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt,Jr.,Governor
Jonathan B. Howes,Secretary
A. Preston Howard,Jr., P.E„ Director
February 4, 1994
Ken Turner
County Manager
P.O. Box 575
Robbinsville, NC 28771
Dear Ken Turner,
The purpose of this letter is to inform you that your package submitted for approval.by the
Environmental Management Commission(EMC)in accordance with the Water Supply
Watershed Protection Act (NCGS 143-214.5)was incomplete. The following items) indicated
by an-°X", must be submitted within 30 days.
Water Supply Protection Ordinance (e-eepies) ze&'O
1:24,000 Topographical map with the watershed boundaries marked
Management Plan (4eepies4
Letter from county attorney certifying that the ordinance meets or exceeds
state requirements
Check list noting where required sections are located within ordinance
If you need assistance in completing any of the items indicated,please contact the DEM
Regional Office, Division of Community Assistance Regional Office or Lead Regional Agency in
your area_
Please be aware that failure to submit any of the above requirements may result in the imposition
of civil penalties. Please note that this letter does not imply that any part of the package has
been reviewed or approved by the EMC. As soon as the Commission has reviewed your
ordinances, we will inform you of their decision.
Thank you for your cooperation.
ifxtl+
A t fo 1'h n
GJT/LM
cc: Division of Community Assistance ARO .
DEM Water Quality Supervisor ARO
Steve Zoufaly
Lisa Martin
P.O.Box 29535,Raleigh,North Carolina 2762643535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5f1%recycled/10%post-consumer paper

P.O. Box :575
Robbinsville, NC 28771
[phone]
William Hall Jenkins Pat S. irons
Chairman County:-longer
Ralph L. Crisp March 2, 1994 Leonard Lloyd
Vice-Churrmar. County Attorney
Raymond Williams Janet Lequire.
Member County Clerk
State of North Carolina
Dept. of Environment
Health and Natural Resources
Attn: Lisa Martin
P.O. Box 29535
Raleigh, N.C. 27626-0535
Re: Graham County
Watershed Protection
Dear Ms. Martin:
Enclosed is the information requested by your agency for the
following:
1) Water Supply Protection
Ordinance-3 copies
2) Management Plan-3 .copies
3} Check List
Note: 1 : 24,000 Topographical map sent. under separate
cover.
Please advise if further information is required.
Sincerely yours ,
Pat S. Irons, Manager
County of'.Graham
jl
cc : Gregory Thorpe
Steve Zoufaly
"Graham County Prue"

Michael F.Easley
Governor
17
William G.Ross Jr.
Department of Environment and Natural Resources
Kerr Tr Stevens
Division of Water Quality
TO: Mr. Dale Wiggins
FROM: Megan Owen
DATE: 3/9101
FAX NUMBER:828-479-7988
NUMBER OF PAGES:.2` 17
Mr. Wiggins:
As you may well know, your former.contact in the Division of Water Quality for your Water
Supply Watershed Protection Program, Jeff Coutu, has moved on in his career path. I, Megan
Owen, am your new contact. After going through Jeff's files, I am aware that there is ongoing
activity between DWQ and the Graham County regarding your Water Supply Watershed .
Protection Ordinance. I am hoping to work with you to resolve any issues that might remain,
and ultimately seek state approval for your Ordinance.
As far as I can tell from Jeff's files, Graham County drafted and locally-adopted an Ordinance on
December 20th, 1993. However, there is no record of formal state approval by the
Environmental Management Commission's Water Quality Committee. Also, in 1995 there were
a number of revisions to the State Rules, which require an update to your Ordinance. Hence, at
this point 1 believe it would be beneficial to Graham County and to the State that we work
together to bring the County's Ordinance up to date and submit it to the Water Quality
Commission for final approval in July of 2001.
If you are willing to work with me, 1 pledge to you to see your Ordinance through to approval. As
a first step, I hope to meet with you on Wednesday, March 14th around 2 p.m. In preparation for
that meeting, I will review your Ordinance and make suggested changes, as well as, gather
information about the Water Supply Watershed Protection Program for your perusal. You need
not do anything but show up and bring any questions you might have. Our meeting will cover
the review of your Ordinance and the basics of the program. In the future, if you need further
assistance, my unit in the Division of Water Quality offers site visits to give technical assistance
on any issue related to the program.
have attached information from our website that gives a summary of the program. The
address is: http://h2o.enr.state.nc.u!/wswp/index.htmi.
.Thank you in advance for your time and.attention to this matter. I look forward to working with
you. If you have any questions or comments please don't hesitate to contact me at 919-733-
5083, ext. 572 or [e-mail].
Megan
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 [phone] http_//h2o.enr.state.nc,us
1-877-623-6748

Water Supply watershed Protection History http://h2o.enrst.
History of the N. C. Water,Supply Watershed Protection Program
1986 Voluntary Program
® 1989 Ratification of HB 156
0 1990-1 Public Meetings
• 1992 Reclassifications.and rules
9 1993-4 Local ordinances due -
1995 Amendments
• 1997 Program challenged-in NC Supreme Court
The Environmental Management Comnnission and the Division of Water Quality(DWQ have
administered a Water Supply Protection Program since 1986. Initially, the program was administered
voluntarily by counties and municipalities pursuing protective measures for their water supply watersheds.
The measures included limitations on the number and type of wastewater discharges which were allowed
in the water supply watersheds. These limits were administered by the Division of Water Quality; and, in
turn,local governments would adopt and enforce land use control ordinances to protect surface waters
from nonpoint pollution sources, namely stormwater runoff.
h-time, it became apparent that.minimum statewide water supply protection measures were necessary,
especially where multiple local governments had land use jurisdiction within a single water supply
watershed. In 1989, the North Carolina General Assembly ratified the Water Supply Watershed Protection
Act (the Act), codified as General Statutes 143-214.5 and 143-214.6. The Act mandated the Environmental
Management Commission to adopt minimum statewide water supply protection standards by January 1,
.1991 and to reclassify all existing surface water supply watersheds to the appropriate classification by
January 1, 1992. These dates were modified by the General Assembly in 1991.
Over 40 informational meetings and workshops were conducted across the state to present the
requirements of the Act and the proposed water supply protection rules.Eight public hearings on the Rules
were held across the state in August of 1990 and were attended by over 800 people,with 160 providing
verbal comments.In addition, over 1600 pages of written comments were received.The Environmental
Management Commission adopted the Rules in December 1990 in compliance with the January 1, 1991
deadline. However, since the surface water supplies had not yet been reclassified, the Commission
postponed the effective date of implementation.
Division staff worked with local governments in determining the location of all surface water intakes and
existing land use within the water supply watersheds. This information,in conjunction with information on
the types and location of wastewater discharges, was used to determine the appropriate classification for
the 208 surface water supplies in the state. Twelve public hearings were held on the reclassifications
during August of 1991 in order to receive comments. The Commission also decided to bring the adopted
Water Supply Watershed Protection Rules with proposed modifications back to public hearing. Over 2400
people attended.the public hearings with more than 400 making verbal comments. Over 3000 written
comments were received. The final version of the Water Supply Watershed Protection Rules were made
effective on February 13, 1992. The Environmental Management Commission reclassified all of the
surface water supplies on May 14, 1992 and the classifications became effective in August of 1992.
The Water Supply Watershed Protection Rules adopted in 1992 required that all local governments having
land use jurisdiction within water supply watersheds adopt and implement water supply watershed
protection ordinances, maps, and a management plan. The Rules required all municipalities with a
population greater than 5000 to submit their adopted ordinances to the Commission by July 1, 1993.
Municipalities with populations less than 5000 were to submit their ordinances.by October 1, 1993. And
1 of 2 3/9/01 11:32 AM

Protection History http:!l12o.enrsdale::nC.usiw^s�v�rJhistcxry.}Ett;
1 affected counties were scheduled to submit their ordinances by January 1, 1994. In order to assist local
governments, a model ordinance was approved by the Commission on July 9, 1992. This document
suggests appropriate language for adopting an ordinance under the general adoption powers; however, the
language is useful for local governments adopting their ordinances as zoning overlay districts and also for
local governments implementing the Rules by amending their subdivision regulations.
All local governments subject to the regulations have submitted or in compliance with the
statutory deadlines; however, as of the time of publication of this document, not all of the ordinances have
been reviewed and approved by the Environmental Management Commission. The Division of Water
Quality works closely with local governments to assist in the implementation of the required local
programs. Division staff have met individually with local government officials and planners, and have
conducted numerous public information sessions and workshops across the state. During this information
exchange, many local governments expressed the need for more flexibility in the administration of the
Water Supply Watershed Protection Program. The Division of Water Quality responded to these concerns
by proposing amendments to the Water Supply Watershed Protection Rules to allow more flexibility in the
local government watershed protection regulatory process. The amendments were.approved by the
Environmental Management Commission on June 8, 1995 and became effective on August 1, 1995.
Return to the Water Supply Watershed Protection Program Horne Page
z
x E
P y (Last Updated: February 9,2001)
http:/Ih2o.enr.state.nc.usLwswlhistor•.html
2 of 2
3/9/01 l 1:32 AM

Graham, County Planning Off ice
P.O. Box 575
Robbinsville, North Carolina 28771
November 27, 2001
Megan Owen,Community Planner
NC Department of Environment de Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Megan:
Please find enclosed an original copy of Graham County's Watershed Ordinance which was passed
by the Graham County Board of Commissioners on November 19, and will take effect on January 1,
2002. I will be sending the Watershed maps under separate cover.
In all probability, Graham County will need some help in getting staff trained to enforce the
ordinance. I have the name of Larry Frost in the Asheville office that you provided,and we'll be
calling on him to help us.get started.
Thank you so very much for all your expert help in drafting the document,and for your patience
through revisions,public hearings, and passage. It has been a pleasure to work with you.
Sincerely,
Graham County/Robbinsville Planner
Enclosure: Graham County Watershed Ordinance
Under separate cover: Watershed Maps
cc: Jeff Cabe,County Manager

F
PROPOSED
WATERSHED PROTECTION ORDINANCE
FOR GRAHAM COUNTY
AUTHORITYARTICLE 100: ENE L REGULATIONS
Section 101. Authority and Enactment.
The Legislature of The State of North Carolina has, in Chapter 153A, Article 6, Section 121,
General Ordinance Authority;and Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or directed local government units to adopt regulations designed to
promote the public.health, safety, and general welfare of its citizenry. The Governing Board of
Graham County does.hereby ordain and enact into law the following articles as the Watershed
Protection Ordinance-
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply
Watershed by the N.C. Environment Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of Graham County, North Carolina".
("the Watershed Map"), which is adopted simultaneously herewith. The Watershed Map and all
explanatory matter contained thereon accompanies and is hereby made a part of.this Ordinance.
This Ordhiance shall be permanently kept on file in the office of the County Clerk.
Section 103. Exceptions to Applicability.
A. Nothing contained herein shall repeal, modify, or amend any Federal or.State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance with these
regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or
restrict any provisions of the Code of Ordinances of Graham County; however,the adoption of
this Ordinance shall and does amend any and all ordinances,resolutions, and regulations in effect
in the county at the time of the adoption of this Ordinance that may be construed to impair or
reduce the effectiveness of this Ordinance-or to conflict with any of its provisions.
B. It is not intended that these regulations.Sreterfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations.impose greater
restrictions or higher standards for the use of a building or land,them the provisions of these
regulations shall control.
C. Existing development, as defined in this ordinance, is not subject to the requirements of
this ordinance. Expansions to structures classified, as existing development must meet the
requirements of this ordinance,however, the built-upon area of the existing development is not
required to be included in the density calculations.
l

�4
'.�".4y. ,
Ay I
� ENVIRONMENTAL MANAGEMENT COMMISSION
David H. Moreau
Chairman
Charles Peterson
NORTH CAROLINA Vice Chairman
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor
William G. Ross Jr.,Secretary
Don Abernethy
Anne Barnes
Daniel V.Besse
Moses Carey,Jr.
Franklin S.Clark,III
Vacant
Marion E Deerhake
Robert Epting
December 12,2001 Will B.Fowler
Leo Green,Jr.
Ms.Sarah Sims Larry M.Jordan
Graham County Planning Dept. Edwin S.Melvin
P.O.Box 575 Robert G.Ray
Robbinsville,NC 28771 Frederick B.Starr
Ryan D.Turner
Re: Water Supply Watershed Protection Ordinance Approval
Dear Ms.Sims:
The purpose of this letter is to inform you that the Water Quality Committee of the Environmental Management
Commission,in their December 12,2001 meeting,reviewed and approved the Water Supply Watershed
Protection Ordinance submitted by Graham County. Please be advised that subsequent amendments must meet
or exceed the minimum statewide standards and must be submitted to the Division of Water Quality for approval.
'The Water Quality Committee and the Division are extremely pleased with the effort your community has
demonstrated throughout this process.
If you have any questions regarding the Water Quality Committee's decision or any other questions regarding the
Water Supply Watershed Protection Program,please contact Megan Owen at 919-733-5083 ext. 572. Your
interest and cooperation in protecting one of our state's most vital resources, water supply watersheds,is greatly
appreciated. Congratulations on your accomplishment.
Sincerely,
C H
Dr. Charles H.Peterson
Megan Owen,DWQ
Jim Reid,DWQ,ARO
Larry Frost,DWQ,ARO
Central Files,Water Supply Watershed Protection,Graham County
Reader Files .
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