WSMU_BERM_Program Review_audit agenda20240214

120 Kinderton Boulevard, Suite 100 •Bermuda Run,NC 27006
[phone]
Meeting with Paul Clark,NC DEQ February 14,2024
The purpose of this meeting is to determine the watershed area that is being measured and to
determine the starting point for accounting for the Town of Bermuda Run(the"Town")and its
allocation.
The Town is operating under the assumption that the tracking of its allocation has been properly handled,
and there is no action needed as to tracking of its allocation.
Issues to Discuss
1. Area within the Forsyth-Yadkin WS-IV-P Watershed (F/Y-WS-IV-P Watershed).
a. 1993 Watershed Map-Davie County assumed to be the origin of 7,229 acres within the F/Y-WS-IV-P
Watershed.
b. 1996 Davie County adopts Resolution amending state water supply watershed map due to change
in definition of how protected is measured (10 stream miles in lieu of 10 land miles).
c. Resolution requesting NCDENR to amend watershed maps(adopted August 1996).
d. Status of acreage after resolution adoption?
i. Davie County GIS-approximately 6,400 acres;or
ii. NCDEQ GIS-approximately 6,330 acres.
2. Allocation amounts within the F/Y-WS-IV-P Watershed. Two possible calculation methods are discussed
below.
A. Using NCDEQ estimated acreage of 6,330 acres in the F/Y-WS-IV-P Watershed, and using the
calculation method previously contemplated by Paul Clark,the allocation calculation is as follows:
ALLOCATION TIMELINE
(i) Davie County,with the adoption of the resolution in August 1996 to amend the
Watershed Protected area map, had 633 acres to allocate.
(ii) October 1998, Davie County approves a rezoning request by the Hillsdale Group, LLC,for
137 project acres to receive a 10/70 allocation. Davie County is left with 496 acres to
allocate.
(iii) October 2000, Davie County approves a rezoning request by the Hillsdale Group, LLC,for
35.2 project acres to receive a 10/70 allocation. Davie County is left with 460.8 acres to
allocate.
(iv) April 2001, Davie County approves a rezoning request by the Hillsdale Group, LLC,the
Talbert Group, LLC,and Burnfam Limited Partnership for 16.3 project acres to receive a
10/70 allocation. Davie County is left with 444.5 acres to allocate.
Note 1—Some confusion has existed as to the acreage granted to the Hillsdale Group
and its affiliates due to a letter from John Gallimore of Davie County to Steve Zoufaly of
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NC DEHNR dated July 30,1998. This letter references a proposed project area of 300
acres. This proposed project did not continue as initially proposed,and became the
three separate projects referenced above.
Note 2--All of these acres are allocated by Davie County within the area that is
presently the Town of Bermuda Run and its extra territorial jurisdiction. The Town was
incorporated in 1999,but did not begin zoning or the administration of a 10/70 program
until 2005.
(v) Upon the Town's adoption of zoning regulations and environmental regulations, per
NCDEQ the Town was granted by right 10 percent of its jurisdictional area lying within the
F/Y WS-IV-P Watershed,which was 2,149 acres,so a grant of 214.9 acres of 10/70 acres to
be allocated by the Town.
(vi) With the grant to 214.9 acres of allocable 10/70 to the Town, Davie County's total amount
of F/Y WS-IV-P Watershed allocable acreage was reduced by 214.9 acres, leaving Davie
County with 229.6 acres to allocate.
(vii) The 188.5 acres previously allocated by Davie County to the Hillsdale Group and its
affiliates,which all lies within the Town and/or its ETJ, is deducted from the Town's grant
of 214.9 acres, leaving the Town 26.4 acres to allocate.
(viii) With the 188.5 acres of previously distributed acres being deducted from the Town of
Bermuda Run grant of 214.9 acres, Davie County receives a corresponding credit of 188.5
acres that it was previously deducted. Davie County now has 418.1 acres to allocate.
(ix) June 2005, Davie County approves a resolution granting 300 acres of its 10/70 allocation
to the Town of Bermuda Run. The Town now has 326.4 acres of 10/70 to allocate,and
Davie County has 118.1 acres of 10/70 to allocate.
(x) Since 2005,the Town has allocated 10/70 project acreage within its jurisdiction totaling
49.576 acres, leaving the Town 276.824 acres of 10/70 left to allocate.
Note—at this point,total allocated and non-allocated 10/70 acreage is 633, the total
allowable amount of 10/70 able to be allocated in the F/Y-WS-IV-P Watershed. The
breakdown is as follows:
Allocated to Hillsdale Group/Affiliates—188.5 acres
Allocated by the Town to other projects—49.576 acres
Town acres remaining to be allocated—276.824 acres
Davie County acres remaining to be allocated—118.1 acres
Total --633 acres
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B. Using NCDEQ estimated acreage of 6,330 acres in the F/Y-WS-IV-P Watershed, rather than looking at
allocation at a jurisdictional level, let's look at allocation at the watershed level. If this approach is
utilized,the allocation calculation is as follows:
ALLOCATION TIMELINE
(i) Davie County,with the adoption of the resolution in August 1996 to amend the
Watershed Protected area map, had 633 acres to allocate.
(ii) October 1998, Davie County approves a rezoning request by the Hillsdale Group, LLC,for
137 project acres to receive a 10/70 allocation. Davie County is left with 496 acres to
allocate.
(iii) October 2000, Davie County approves a rezoning request by the Hillsdale Group, LLC,for
35.2 project acres to receive a 10/70 allocation. Davie County is left with 460.8 acres to
allocate.
(iv) April 2001, Davie County approves a rezoning request by the Hillsdale Group, LLC,the
Talbert Group, LLC,and Burnfam Limited Partnership for 16.3 project acres to receive a
10/70 allocation. Davie County is left with 444.5 acres to allocate.
(v) June 2005, Davie County approves a resolution granting 300 acres of its 10/70 allocation
to the Town of Bermuda Run. The Town now has 300 acres of 10/70 to allocate, and
Davie County has 144.5 acres of 10/70 to allocate.
(vi) Since 2005,the Town has allocated 10/70 project acreage within its jurisdiction totaling
49.576 acres, leaving the Town 250.424 acres of 10/70 left to allocate.
Note—at this point,total allocated and non-allocated 10170 acreage is 633, the total
allowable amount of 10170 able to be allocated in the F/Y-WS-IV-P Watershed. The
breakdown is as follows:
Allocated to Hillsdale Group/Affiliates—188.5 acres
Allocated by the Town to other projects—49.576 acres
Town acres remaining to be allocated—250.424 acres
Davie County acres remaining to be allocated—144.5 acres
Total --633 acres
Note--this is the calculation method that the Town has to date utilized to calculate the
10170 acreage the Town has available to allocate in the Town's zoning area(Town limits
and EV).
SUMMARY: As you can see,the difference between the two methods discussed above results in either the
Town or the County having an additional 26.4 acres of 10/70 to allocate.
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