WSMU_MRSV_Ltr_19940110

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State of North Carolina
Department of Environment, Health,
and Natural Resources
Division of Environmental Management
Attn: Lisa Martin
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Ms. Martin
Please be notified that the Board of Commissioners of the
Town of Mooresville has made changes to the Watershed
Ordinance as recommended by the Water Quality Committee.
These changes were formally adopted by the '[own Board on
January 10, 1994.
Attached is a copy of the approved changes for your review.
A revised copy of the Watershed Ordinance for the Town of
Mooresville is currently being printed and will be sent to
you as soon possible.
Should you have any questions concerning this matter or
require further information, please contact me at your
earliest convenience. My office number is [phone].
Thank you for your time -
Sincerely,
N. Erskine Smith
Zoning Administrator
Enclosure
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State of North Carolina
Department of Environment,
Health and Nai'ural Resources 7 • •
Division of Environmental Management
James B. Hunt, Jr., Governor p E H N F .
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 7, 1993
Richard McLean
Town Manager
Town of Mooresville
P.O. Box 878
Mooresviile, NC 28115
Dear Mr. McLean;
The purpose of this letter is to inform you of the status of the Water Supply Watershed Regulations for the
Town of Mooresville. The Environmental Management Commission's Water Quality Committee met on
September 8, 1993 and made the following recommendations regarding the Town's ordinance:
1. The Water Quality Committee recommended that the Environmental Management Commission
approve the Town of Mooresville's request for an increase to 10 percent (10%) of Mooresville's
jurisdiction within the Back Creek/Sloans Creek WS-II watershed outside of the critical area for
development of new nonresidential uses at up to 70 percent (70%) built-upon area.
2. The Water Quality Committee denied the Town of Mooresville's request for a modification of the
minimum statewide water supply watershed management requirements as they apply to variance
procedures.
In light of these decisions, I am informing you on behalf of the Water Quality Committee of the changes
that must be made prior to review and approval of the ordinance by the Environmental Management
Commission. In accordance with the Water Supply Watershed Protection Act(NCGS 143-214.5),the Town
of Mooresville has 120 days to correct and resubmit the ordinance to the Division of Environmental
Management. The deadline for submission is 5:00 p.m. on Friday, February 4, 1994. The changes that
must be made are as follows:
1. The Water Quality Committee decided that the definition of a major variance in the Mooresville
Water Supply Watershed Regulations does not meet the intent of the Water Supply Watershed
Protection Rules because it does not require all variances from the high density option to be
approved by the EMC prior to issuance of a watershed protection permit and the definition allows
all minor variances to apply to density and built-upon area. The definition of a major variance
under Section 4.2 of the Mooresville Zoning Ordinance must be changed to be consistent with the
definition of a major variance under Section 600 of the Water Supply Management and Protection
Model Ordinance; and
2. The Water Supply Watershed Protection Rules, under 15A NCAC 2B.0104(q), require agricultural
activities conducted within WS-I and the critical area of WS-II, WS-III and WS-IV watersheds to
provide a minimum 10 foot vegetated buffer around all perennial streams and to employ best
management practices for all animal operations over 100 animal units. The Water Supply
Watershed Protection Act, under 143-214.5(d1),states that a local ordinance adopted to implement
the minimum statewide water supply watershed management requirements applicable to agriculture
P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
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1
Richard McLean
October 7, 1993
Page Two
and silviculture activities shall be no more restrictive than those adopted by the Commission. The
requirement for a 10 foot buffer area and agricultural best management practices outside of the
critical area must be removed from Section 14.4(A)(1)(a) and Section 14.4(C)(1)(a) of the
Mooresville Water Supply Watershed Regulations.
3. The Mooresville Water Supply Watershed Regulations,under Section 14.12 Enforcement, state that
the Zoning Administrator shall keep records of the Town's utilization of the provision to allow
development of a maximum of ten (10) percent of the WS-II BW (Balance of Watershed) in the
Back Creek/Sloans Creek watershed at 70 percent built-upon area. This section should also
require that a record be kept of the Town's utilization of the 59%-70°%%provision in the Coddle Creek
WS-II Balance of the Watershed Area.
If you have any questions regarding the Water Quality Committee's decision or regarding the Water Supply
Watershed Protection Program, please contact Steve Zoufaly or Lisa Martin at [phone] at your
convenience. Thank you in advance for your cooperation.
Sinc r
A. Preston Howard, Jr., P.E.
APH/LM
cc: Steve Tedder
Steve Zoufaly
Lisa Martin
Rex Gleason, MRO DEM
Mat. Davis, MRO DCA
Erskine Smith, Mooresville Planning Director
Bill Duston, Centralina COG

PROPOSED TEXT CHANGES
MOORESVILLE ZONING ORDINANCE-WATERSHED PROVISIONS
The following text changes are suggested to conform with the rules
and regulations adopted by the Environmental Management Commission:
Section 4 . 2 Definitions
Amend the definition of "Major Variance" to read as follows :
Variance, Major. A variance that results in one of the
following:
(1 ) the complete waiver of a management requirement;
( 2 ) any request to increase the amount of built-upon
area or density above that which is allowed in that
particular WS district;
( 3 ) the relaxation of any management requirement that
applies to a development proposal intended to
qualify under the high-density option;
( 4 ) the relaxation, by a factor of more than ten
percent ( 10% ) of any other management requirement
contained in this Ordinance that takes the form of
a numerical standard;
Section 14 . 4 (A) WS-II (BW) Balance of Watershed Zoning
District
Add additional verbiage (shown in italics) italics to the
introductory paragraph. The new language states that if a
development uses either the "5/70" or "10/70" option, it must be
constructed using the high density option ( i .e . , employing wet
detention ponds ) .
. . . In addition, non-residential uses may occupy five percent
( 5% ) of the entire area of the Coddle Creek watershed and up
to ten percent ( 10% ) of the Back Creek watershed which is
within the Town's land use jurisdiction with a maximum seventy
percent ( 70%) built-upon area. Developments with built-upon
areas of between 12-70 percent shall be allowed only in the .
EX-I and CU EX-I zoning districts and shall be developed using
the high-density option as outlined in Section 14 . 13 of this
Ordinance.

/—'
Similar verbiage (shown in italics) needs to be added to Section
14 . 4 (A) ( 2 ) (b) as follows :
. . . In addition , up to ten percent ( 10% ) of the balance of the
Back Creek watershed and up to five percent ( 5% ) of the
balance of the Coddle Creek watershed which is located within
Mooresville's planning jurisdiction may be developed for non-
residential uses to seventy percent ( 70% ) built-upon area on
a project-by-project basis . Such developments, however, shall
be required to use the high-density option as outlined in
Section 14 . 13 of this Ordinance.
Change the verbiage under "Allowed Uses" pertaining to agricultural
uses to read as follows :
Agriculture , subject to the provisions of the Food Security
Act of 1985 and the Food, Agriculture and Trade Act of 1990 .
Section 14 . 4 (C) WS-IV PA Protected Area Zoning District
Change_ the verbiage under "Allowed Uses" pertaining to agricultural
uses to read as follows :
Agriculture, subject to the provisions of the Food Security
Act of 1985 and the Food, Agriculture and Trade Act of 1990 .
PROPOSED TEXT CHANGES
MOORESVILLE SUBDIVISION ORDINANCE- WATERSHED PROVISIONS
Section 115 Definitions
Change the definition of "Major Variance" to read as follows :
Variance , Major . A variance that results in one of the
following:
( 1 ) the complete waiver of a management requirement ;
( 2 ) any request to increase the amount of built-upon
area or density above that which is allowed in that
particular WS district;
( 3 ) the relaxation of any management requirement that
applies to a development proposal intended to
qualify under the high-density option ;
( 4 ) the relaxation, by a factor of more than ten
percent ( 10% ) of any other management requirement
contained in this Ordinance that takes the form of
a numerical standard;
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