WSMU_MRSV_Timeline Shoe Enterprises_19980303

OIL 3/3) I
Shoe Enterprises (Mooresville) major variance request
Time Line
1994 or 1995 (?) Shoe Enterprises purchases triangular shaped property in
Mooresville on NC 150 @ McLelland. Property is located within
Lake Norman WS-4 Protected Area.
Feb. 26, 1997 Shoe Enterprises applies to the Town of Mooresville for major
variance to reduce 100' buffer by 50%
April 7, 1997 Town of Mooresville Board of Commissioners unanimously
approves Shoe Enterprises' major variance request (Mr. Shoe
excused from discussion/voting due to conflict of interest)
May 16, 1997 Town of Mooresville applies to EMC for major variance under
WSWP Rules [15A NCAC 2B .0104(r)]. Packet of information
received includes site maps,Board meeting minutes,finding of fact
(1 of the 3 required), applicant's justification, etc.
June/July 1997 Lisa Martin and Brent C. McDonald(BCM)of DWQ review the
major variance application.
August 1997 Lisa prepares staff report for Sept. 1997 WQC with
recommendation to not approve the major variance request.
Sept. 4-9, 1997 Various phone messages back and forth between BCM and Glenn
Dunn (Poyner& Sprull --legal representation for Shoe Enterprises).
Never connected
Sept. 10, 1997 DWQ Staff(BCM)takes major variance request to WQC with
recommendation to not approve. Dick Brolin (B.K. Barringer&
Associates --engineer for Shoe Enterprises), Glen Dunn, and a
Mooresville Town Council member(who?) allowed to speak. After
considerable discussion, a motion is made and seconded (?) to deny
the major variance request. Before a vote can take place,the Town
of Mooresville withdraws the request. WQC recommends working
with DWQ staff.
Sept. 17 (?), 1997 BCM phone conversations with Dunn and Brolin. Issues include
findings of fact(e.g.,practical difficulty/unnecessary hardship,
public safety and welfare/substantial justice),pond design,etc.
Sept. 24, 1997 Letter from Ford Motor Co. (Atlanta Reg'l. Sales Office) (letter
received in Oct. 1, 1997 packet from Dunn)
Sept. 24, 1997 Additional information received via fax from Brolin includes site
area map, discussion of buffers, offsite runoff(none), oversized
pond volume calculations,pond inspection maintenance procedures,
local ordinance language.
Oct. 1, 1997 Additional information received from Dunn includes letter from Ford
and Brolin's package (previously received via fax on Sept. 24,
1997)

Oct. 15, 1997 Letter from Robert Brawley(General Assembly) addressed to
Moreau(EMC Chairman)recommends approval of variance
Oct. 28, 1997 BCM phone conversation with Dunn. Discuss information
submitted by Dunn and Brolin on Oct. 1, 1997. BCM requests
additional information,promises letter to request info. BCM
mentions the issue of practical difficulty/unnecessary hardship.
Dunn says that Shoe purchased the property 2-3 years ago, but was
not aware of the WSWP restrictions in place,even though he was a
Town Board member at the time.
Nov. 5, 1997 Draft letter addressed to Town of Mooresville(never sent)faxed to
Dunn asking for additional information(8 items)
Nov. 20, 1997 Copy of Town of Mooresville's Zoning Ordinance Article 14
received via fax from Dunn (Item#7).
Nov. 24, 1997 Copy of Town of Mooresville's Zoning Ordinance Article 10
received via fax from Dunn (Item#7).
Jan. 16, 1998 Second letter from Ford Motor Co. (Atlanta Reg'1. Sales Office)
(letter received at meeting Jan. 23, 1998)
Jan. 22, 1998 Letter addressed to APH from Erskine Smith (Town of Mooresville
Planning Director)concerning the additional information request(8
items in Nov. 5, 1997 draft DWQ letter) (letter received at meeting
Jan. 23, 1998)
Jan. 23, 1998 Meeting in Archdale Bldg. (APH's office)between Mayor Joe V.
Knox and Erskine Smith, Jeff(?) Shoe(Shoe Enterprises), Glenn
Dunn, Dick Brolin, APH, Colleen Sullins, and BCM, and one other
guy (from Town?). Discussed information request letter and
response. Letters from Ford and Erskine Smith reviewed and
discussed. Brolin expresses confusion about DWQ staff comment
regarding pond oversize design, desires a "goal" to shoot for(Item
#4). Smith provides documentation of notification to other affected
local governments (Item#8).
Jan. 29, 1998 BCM phone conversation with Brolin. Discuss mitigation for loss
of 1/2 the buffer: 1)revegetate remaining buffer; 2)pretreat
stormwater runoff; 3) oversize wet pond(surface area, detention
time). Discuss future presentation before WQC. BCM again brings
up issue of practical difficulty/unnecessary hardship(Item#4).
Brolin says that Mooresville will change their local ordinance. BCM
says DWQ staff may have a difficult time supporting the variance
request unless all 3 required findings are addressed.
Mar. 2, 1998 Letter from DWQ(APH's sig)to Town of Mooresville detailing
steps to be taken for another submittal/review of major variance.
Required findings of fact to be made. Mentioned possible
stormwater mitigation measures if findings made satisfactorily.