6013_Mecklenburg_NorthMeck_GreenwayWaste_CDLF_Infill_Phase1_2015-16VarianceExpansion_FID1796885_20160831

&iLJJ L
Ef C31"EER?1VC3
August 31, 2016
Meredith M. Nesbitt, Planner
Town of Huntersville Planning Department
Huntersville, North Carolina 28070
Re: Variance of Floodzone Ordinance
Greenway Waste Solutions, LLC
North Mecklenburg Landfill
Dear Ms. Nesbitt:
9731-F Southern Pines Blvd.
Charlotte, NC 28273
tel: [phone]
fax: [phone]
www.j oyceengineering.com
On behalf of Greenway Waste Solutions (GWS), Joyce Engineering, Inc. (JOYCE) is submitting
this letter explaining the benefits of this Project.
The conceptual design of the GWS landfill, as requested in the variance application, creates
approximately 4.OM cubic yards of disposal volume. By denying a variance to fill over the
floodway, the landfill's disposal volume is reduced by 50-60% (a volume loss greater than
2,000,000 cubic yards). This loss of disposal volume reduces the potential revenue by 50-60%.
A 50-60% loss of revenue causes the project to be financially infeasible. The site conditions and
the nature of the permits required for this project results in capital costs for engineering,
permitting, construction and closure of a 2.OM cubic yard landfill to be 80-90% of the cost of a
4.OM cubic yard landfill. However, the revenue will only be 40-50% of what is needed to design,
permit and construct these features.
The engineered site features, namely liner and leachate collection system, final closure cover
and floodway enhancements, will improve the sites ability to protect the public health and the
environment in this community. Additional benefits as a result of designing the
landfill over the 'special flood hazard area' verses around it include: Better separation of waste
and cover soil erosion from the stream, a continuous liner and final closure cover over the
entire facility, significant operational benefits, and a more stable stream channel as a result of
the engineered floodway improvements.
As with any project of this nature, all engineering designs and construction will require
approvals from NC DEQ and US ACOE before permission is granted to construct and operate
this expanded facility. Discussions have been held with the NC DEQ regarding all of the required
permits; however, the first step in the process of obtaining all required approvals is getting the
Town of Huntersville's approval of this project.

Ms. Meredith Nesbitt
August 31, 2016
Page 2
If you have any questions regarding my explanation of the Project's benefits, please do not
hesitate to contact me.
Sincerely,
JOYCE ENGINEERING, INC.
Leonard Joyce, PE
President
cc: John Brown, Greenway Waste Solutions
Macon Carroll, Greenway Waste Solutions
Mike Griffin, Greenway Waste Solutions
Bradley Priest, Town of Huntersville

a'u r `c
ENGINEERING
Date: October 2, 2015
Subject: Meeting Minutes
September 28, 2015 Meeting with NC DENR
Project: North Mecklenburg C&D Landfill
Infill Expansion Feasibility Study
9731-F Southern Pine Blvd.
Charlotte, NC 28273
tel: [phone]
fax: [phone]
www.JoyceEngineering.com
A meeting was held at NC DENR's Raleigh office, on Monday, September 28, 2015 at 10:00
a.m. Those in attendance were:
Mike Griffin - Greenway Waste Solutions, LLC (GWS)
John Brown - Greenway Waste Solutions, LLC (GWS)
Ed Mussler - NC DENR
John Murray (by phone)
Leonard (Butch) Joyce
Mousa Maimoun
- NC DENR
- Joyce Engineering
- Joyce Engineering
Purpose of the Meeting:
The preliminary results of a feasibility study conducted by Joyce Engineering indicated that
waiving the 50-foot buffer set by DENR might be the first obstacle facing this expansion project.
Therefore, this meeting was scheduled with NC DENR to discuss the probability of permitting
this expansion.
Discussions:
➢ Project Summary:
o Butch and Mike provided a brief summary about North Mecklenburg (C&D)
Landfill.
o Mike elaborated on the need to expand the landfill.
o Mike discussed a greenfield expansion option.
o Mike and Butch went over the pros and cons of the proposed infill expansion.
➢ DENR Comments on the infill expansion:
o Groundwater Contamination
✓ Ed stated that the groundwater group in DENR Solid Waste Section need
to be satisfied that this infill expansion would not limit any future
remediation options for correcting the groundwater issue.
✓ Ed pointed out the need to demonstrate that the groundwater
contamination issue is a result of the old C&D or LCD landfill cell and not
the current active area.
✓ Ed recommended bringing the groundwater group in the DENR Solid
Waste Section onboard, and explicitly describe the infill expansion project
to the group.

North Mecklenburg C&D Landfill
DENR Minutes of Meeting
October 2, 2015
Page 2 of 2
✓ Ed repeatedly stated the need to separate issues related to the old waste in
Phase 1 from new waste placed in active disposal areas and the infill
expansion.
✓ Ed pointed out the need to carefully look at the House Regulatory Reform
Bill 765 (this bill was ratified by the General Assembly on September 30th
and is pending the Governor's signature), regarding risk assessment of
groundwater contamination and other issues.
o Drainage issue
✓ Ed stated that the pipe needed to be designed to handle the flow from
offsite drainage.
✓ A discussion was held about the need to design the pipe to handle the
weight of the fill.
o Access point to the drainage pipe
✓ John Murray pointed out the need to provide access to the pipe for
inspection and repair and maintenance.
o Town of Huntersville
✓ GWS needs to revisit the franchise agreement and Special Use Permit with
the Town of Huntersville.
✓ Mike to talk with the Town to discuss the expansion.
o Army Corp of Engineers(COE) and DENR Division of Water Quality(DWQ)
✓ Ed mentioned that the changing COE regulations might affect this project.
✓ Open a discussion with DWQ to find out if a 401 permit is needed.
o Modify existing permit to include the infill expansion
✓ Ed did not think that we can modify the existing permit to include the
expansion.
✓ We need a new permit for the proposed infill expansion.
➢ DENR Recommendations to proceed with the project
o Carefully assesss the impact of the House Regulatory Reform Bill 765 after
the Governor's signature on this expansion project.
o Bring the groundwater group onboard with the proposed expansion.
o Discuss the project with the Town of Huntersville.
o Discuss the project with the COE and DWQ to find out their questions and
requirements.
➢ Conclusions
The results of this meeting indicated that the 50-foot buffer is not a fatal flaw for this expansion
.JLJ t `�
ENGlNEERlNG

North Mecklenburg C&D Landfill
DENR Minutes of Meeting
October 2, 2015
Page 2 of 2
project. GWS has to comply with an extensive list of regulatory and technical demands prior to
permitting this site.
These minutes have been prepared based on the best recollections of the writer. Unless the writer
receives any comments and/or exceptions in writing within seven (7) days of this date, these
minutes will become part of the permanent record.
Prepared by: Mousa A. Maimoun, Ph.D.
Copy: All attendees
. JLJ t `�
ENGlNEERlNG

Gr�11ra &CMvs
• y. SERVICE
A
M
Yrolhf
�CnMPA�
ri,rppri
A

Why are we here?
Who is Greenway Waste Solutions of North Meck?
What are the proposed changes?
Are we compatible with our neighbors?
Why is Greenway vital for North Mecklenburg?

Why are we here?
Seek a Long Term Solution for North Mect
Construction Waste Needs
Enhance Environmental Stewardship +
Improve Stormwater Management

Why are we here?
IW-AL
Local: 1. Three Variance Requests 2. Conditional Rezoning
4. Parcel Recombination / Annexation
3. SUP
State: North Carolina Department of Environmental Quality (NCDEQ)
Federal: U.S. Army Corps of Engineers
t
� L-:WrMMir,,r
Est.
w� �

Who is GWS of NM?
Recycling • Reprocessing • Landfilling
Accept Construction and Demolition (C&D) waste ONLY; No liquids, No hazardous
waste, No garbage, and No asbestos M.
Construction material includes lumber, bricks, roofing materials, siding, stumps, and
any new construction material
Demolition Material includes all material from a building as described above: Does
NOT include any asbestos (asbestos abatement required for demolition permit)
C&D facilities do NOT have smell, buzzard, or rodent problems due to the inert
nature of the materials accepted
These problems are commonly associated with MSW (Garbage) landfills

Who is GWS of NM?
NEW NCDEQ RULES
$2.00 per ton tax will fund
NCDEQ's increased
regulatory compliance efforts
001 More stringent Bond
Assurance to guarantee
operational compliance &
long term post closure
compliance

What are the proposed changes?
C&D Materials Recovery Facility (MRF)
Fewer materials buried gu�Lo�N
Increased landfill air space �``' c o
r � G
Extends life of the landfill N z
Assist in Certification for Leadership in 1,'
Energy and Environmental Design (LEED) `ec -
Fewer materials buried
03 Increased landfill air space.
Extends life of the landfill
ik

What are the proposed changes?
-.. � � �l � y n ' .FYI--�-•_ � • r� - _
a
2009 SUP Pipe Expan
sion.Approval

What are the proposed changes?
Or
22
a OW
db
S
4
.g may► _ � . �; _ 3'
Ilk

PIPE
What are the proposed changes?
NSTALLATION FU
Inspection
Project Name N. MECK LANDFILL
Date 10/20/2015 09:02
Direction DOWNSTREAM
�Pipe Type HDPE
_ .. Pipe Size 36"
' Pipe ID -NORTH PIPE
S+tart ID INLET
tart Location
End ID OUTL.'
Completed'
A

What are the proposed changes?
ZN
gip_ Y
'
_-�
r=$ -y
��•
i 2016 Proposed Expan-smn

Co.
GreenWsle Solutions
a1 North Mock
'ronosed Fxnamff-,

Anatomy of a
Protective Cover + Cap
1. Cover Vegetation
2. Top Soil
3. Protect Cover Soil
4. Drainage Layer
5. Geomembrane
6. Compacted Clay
Working Landfill
7. Daily Cover
8. Waste
7. Daily Cover
8. Waste
Repeat until permitted height
Lined Landfill
Leachate Collection
9. Leachate
Collection Layer
10. Filter Geotexti le
11.Leachate
Collection Pipe
System
2
YY: 12
Composite Liner System
12.Geomembrane
13.Compacted Clay
14. Prepared
Subgrade

LANDFILL CELL CONSTR.
Oz An engineered and proven containment system
�0 Third party oversight of construction
Testing
Clay permeability
Clay compaction
Liner seams are welded/tested
0 Leachate collection lines

AOPOI
Post
What are the proposed changes?
r-
Closure: Protective Covcmlc& Cap

Greenway Waste Solutions of North Meck

Awl
1
M
compatible
neighbors?

R Griffin Brothers Co_
Gre woste Solutions ' • •
of North Mork -
Creenways
STATUS
Fxiaing
°'°°"' n0! Vuder C;onsUucburi
t*: _ ❑❑ Frcpa�d
w,
- ' ��• �k r .� � .:.. i.��" 49 / Mnerasvdla to CFrarlattn Trnil (PropD9BrFy
��k4 Bikeways
Yy f of ,,, Fpkal arras Fxi9inp
.,r Wide Ou[;ido 4ane- EYi54rg
- B ke Lance - fir ceased
.. -- •fe Wide l'wwJ Shou lder - he ed
� Rka i arras Future Road
i � x Wc-)Pa WShoulder -Fetun Road
^°� � � °° Greenwoolulions - - • � ❑ Q�deF'atli-F'rdposed
S
nde I Ld, - r utu re Road
I Are Nnnnan FSka Reuse
Carolina Thrc3d 7r31 IPrOP05o4
P-ftA 0.00 Cw ulma Thread Tr al (Fiupcseg
Lftiliy ROW
ResidenEial Su hdivisien
L e n Y •� � t - - /� • Q Farmhousa CAu:ger r
Lake •�.. " r 4Vellend6
Piedmont y - Po.,E,�,,,,,- _ 4 ��
YNorman r Yeam
C o m m u n i t..- SWIM - Post Const Buffers
College comma
e STATION
' air
r
s - ® i LMATJwdLa,e
F BFRC Study Area Proposed Road N etwork
-.• - ., ,4i ', *„� ■ ■ Propa- ad C,nllerfrr S7ros
:�' l,�.n � - r � .r ■ ■ URCSARPotenliJ Road Network
f r ■ ■ r'otenttJ 01 `F' Connediorn
• "Aly _ + ■ ■ All Road Ext®ns,p, - Allemde Atigrrments
Thoroughfares
•x Proposed Thoroughfare
. . ' . I II Caned
111 Lknoolioerl
• ®Y1rdTer5had Rou n d7ry

Are we compatible with our
neighbors?
HOLBROOKS NEIGHBOR PARTNERSHIP
PAST • PRESENT • FUTURE
Clean up of Holbrooks Road (Dirt, Debris, etc.)
- r
40,
Holbrooks Road Community Association (HRA)
16-year revenue share commitment which has
funded dozens of higher education scholarships and
hundreds of neighborhood improvements.
Maintain lawns for senior citizens or the disabled
Good Working Partnership with NCDOT to
patch and repair Holbrooks Road

Are we compatible with our
neighbors?
ROAD PARTNERSHIP
PAST
Griffin Brothers and NC DOT road improvements in mid
'90's
Extended shoulders by a total of 3 feet
Placed brand new layer of asphalt on Holbrooks
Road
Holbrooks was extended to width of 22 feet
Constructed $50,000 Right Hand Turn Lane
Cut & Patched in 2006
0 F-unded $75,000 Verhoeff Drive Extension Study

Are we compatible with our
neighbors?
ROAD PARTNERSHIP
PAST • PRESENT • FUTURE
FUTURE = r
Will reserve approximately 3.5 acres for Road Right -
of -Way ht-
pp Y g f
of -Way per the East Huntersville Development Plan -"
25 000 to Huntersville for repairs on Holbrooks
Road as needed
Alternative Access to replace Holbrooks by 2035

To: Town of Huntersville Leadership
From: Holbrooks Road Community Association ("HRA")
Date: 7/20/16
RE: HRA and Greenway Waste Solutions of North Meek ("GWS") Partnership
Over the past 16 years HRA and GWS have developed a strong relationship.
GWS has supported our association in many ways. In addition to financial
support GWS has acted as a good neighbor. GWS has hosted community
events, helped with yard work, (in fact anyone who is disabled gets their yard
cut and groomed free of charge), kept the road clean and addressed our
concerns. Through this partnership we have developed a strong channel of
communication with GWS staff and with Mike Griffin in particular. In fact
Mike is available whenever he is needed even though he has a busy work
schedule. Each year Mike sends a letter discussing GWS's desire for another
road option, and anything we don't understand he is willing to meet with us
and discuss it. We feel we are in agreement with GWS that this would be the
best long term option for HRA and GWS. In the absence of a feasible
alternative we are happy with our relationship and appreciated GWS looking
for ways to improve it.
Their desire to put in a recycling center and increase their landfill cell have
been discussed with us on several occasions and they have answered our
concerns in a satisfactory manner. A recycling center will certainly be good
for the environment and our community.
Sincerely,
Chairperson, Holbrooks Road Community Association
.44 ecoflom%LAN
July 22, 2016
RE: Greemvay Waste Solutions
Greetings
The Lake Norman Economic Development Corporatlon (LNE DO is responsible for development
and execution of economlc development strategies for the towns of Cornelius, Davidwri and
Huntersvllle. The goals are to imyroye our quality of life through expansion of the tax base and
creation of new, highly ski lied jobs for area residents.
tNEDC staff has studied the proposed expansion of the Gmmnway waste solutions facility on
Holbroeks Road in HUnterSvlde. Greenway waste Solutions has a 16year history of pannering
with the neighboring residents (Hnlbmoks %toad Community Association), and thls includes
litter oollectlon, malntaining yards For the elderly or disabled, and revenue sharing For
scholarships and community improvements. The revenue sharing with the Association totals
aver $700,=-
LN£DC partners with the Towns of Comellus, Davidson, and HuntersyNle to recruit jobs and
investment to the Commerce station Business Park. Greenway Waste Solutions has supponed
and continues to suppon the development of commerce Station. As the park continues to
expand, Green -ay Waste SolUtkns has committed meded right of way for transportation
imprrnements to commerce Station.
Lake Norman Economic Development supports this expansion, and we bolt Forward to the
economic benefits provided by the continued gravith of the Greenway Waste Solutions facllky.
Thank you for your consideration,
Respectfully,
RyanRyan M
Exentiye Dlfettor

Are we compatible with our
neighbors?
Traffic Impact Analysis (TIA)
Required to submit a TIA Application for Determination of TIA Need
No TIA will be required as a result of the application
Traffic count did not justify a need for further study
Average of 246 trips based on existing conditions (123 in; 123 out)
AM peak hours - 18 trips (9 in; 9 out)
PM peak hours - 9 trips (4.5 in; 4.5 out)
Expected increase of 10 trips per day with new facility (5 in; 5 out)
No increase in volume as a result of the proposed expansion
0 Customer volume is a factor of market demand and geography, not facility size

R Griffin Brothers Co. W 11�01
Greefl�ua Waste Solutionscompatible
of North Mock = ' '
Lenoir 64 Tayiorsvllle
Mocksville
54 52
64 Iv
Lexington
Granite Falls 5tate� ��� _
org anton Hickory Cleveland
Salem !I
Newton Salisbury'
._.. ' Denton
321 16 k [•� �
Maiden j� ;; Mooresville China Grove
27 Davidson Kannapc`iST
incolnton
o cord
321 Albem NatU►ol
Boiling ShY Kings Gastonia 27 Locust 52
Springs Mountain Belmont
— � Charlotte Norwood
Blacksburg It Clovers Matthews n

GreenuWaste Solutions
of North Mock
. ..
._ ,. _.,.,..-
.. Shupings R"well
Landis
Mill
Pumpkin
a
21 F,- Wille
lets
Center
M[ Mrtcnell
Boger City
yrr'�•li.Ka'1 �d115
L ncclr
lcn
. dn'd
Sdecm peF
Ca -dwell
pi'is
iS
i ^h `,h.:als
i'L'L'rd
Ali PleaBanY
ail
321
8ia , :il�
n
Spencer
1i
Rallas
Mountain
Geor;e•; Ik .amG
MI i- :7a •.il
=. - :>I=155'+i a
Gogtorim
_Low,ell Mcnce-, Ild
IAlmn& Mn
Loow Red CI
Grarnwon @' Il'Cn'
J
i'wC'y
Big
Sautll
2
"r
aIotPF-
Midland $Tenheld
Marlwood
,�"Clear
ywderc
Arre Creek
'--ld Brief
l iiltain
to Park
Crrnvders
Par•-
Mint Hill
Bowling- -
Green
vrovwsr:e 74
Fairview
�•':aoo;
New Sale
Glgti'er
lak iNy'P 21
Mattl•EWS em ay
ldge
Siam
I flk Wylie p.n.-
s
die �
Unionville
i
• ".0 Lake
akP PArk
Indian Trail
Watson
r
Rain Forest
74
L'J 161
_=ga Cay
Lb�ndimgton Br nvood
`.".ia F.DQ1 FOr' Mill
{ I
vve'�y :res
Old. Farm
Y� k
Newperl
union
Monroe 7d VV.gate MarsNl
�r_r7
Mead.
uslon
Oelphia
Lakes Mexico
Mina
119I Leah
Red Oaks RQ FIII
•rVraidraw Sp gs
322
Belle Mea
Cr
P4411 P.
Afton
122
McCannells
ubside
Cea9 MIII Es Estates
r RS
561
Tnnity

GreenuWaste Solutions
of North Mock
Lake Na•nban
of Cata•.vF,a
Moures•n.lz
1s2
16 156
21 1f5 -
152
china ;r��;e
_
1f5
r 153 6111
�
M1 Mvume
s+a�e ft�,F Lon -is
[' 'hems Lat..e.
Enoriiville 29
1fi No�mer
21
srala
rG
Westport
Dav In
a 363
txne sr
Rd
MI Mil[
z
Comelius ::dr.:a ... Kannapolis
Uj
1f5 o
T3
Caldwell
Cooks
Crossmq
npelah
73,
W
73 • H Vvil•Mar
Lowesville
1f5
Park
C
ntersville .�
Concord
Bradford
ffi Allison Ferry
Field
o
-
S
Concord fiat s
. _
Joplor
nl
".
� .Mwmtaine
• '
Roberta M°II
Island'Lak
Harri shurg�arrs
R-i- 11 PsrW
48 -
ale Deritaf
At Holly Sadyecv
Stalesville
m
Catawba kid
Height i Part Chem
Heights Atando
�
ma,r:.•,r
[,z,! Junction
pioneer
McAdenville [.yj
f6
r -
Md's
24 2T
kerton Belmont. 74 '_Any
21 .•
r_L
�k °^.wy
Charlotte
Hickory
Grove weeme�'�
74
Wilgrove
.- 21
Air Park -

Why Greenway is vital for North Mecklenburg
IMPACT WITHOUT GREENWAY
TRUCK TRAFFIC
Huge impact on road infrastructure
03 725,760 additional truck miles per year on average
(Based on 2009 activity.)
ENVIRONMENTAL IMPACT
Negative additional Environmental Impact
2.4 million additional pounds of CO2* emitted into the is
atmosphere per year -
* Carbon Calculator courtesy of the USDOT Federal Transit Administration JIM
-J .

,/r
Greenuiluoste Solutions
of North Meck
IMPACT WITHOUT GREENWAY
08 Illegal Dumping becomes commonplace
when there are not convenient disposal
faci I ities
Detrimental environment impacts
Taxpayers and citizens left with huge
negative environmental impact and large
tax bill

Co.
Greenuisle solutions
of North Meck
North Mecklenburg
53 r
D r s MI Mou me s+ H° Landis
r' v4ebGs Lake Enochville 29
16 Norman '
. 21 Tyres 'ewe ad i
Westport Davids� y.xne sr
GrowthFuture Re MI Milcherl
�coln Comeli Kannapalis
nI
occur in North
73 1 Caldwell •1 "4 Cooks
Macpelah C.drosWmPig
Mecklenburg County 0
Lowesvl3le Hunforsvill la•Mrk
ar
73
CarlCard
rc radfor®
_. 16 Allison Ferry .. Field s 48
_ South Mecklenburg amar 6°' o
•y,; oncord
.. _� 27 � RE Air Park 273 6rni. grain �h �'� ' f. ,� Roberta
MarWood f Clear Cre
e -- -1 ar,tr. Idlewild Acre ni
.�6 Mint Hill
Hashurg P
F t.•�'twell I a SFr f / d 48
' ��C'S Hem pniii Hegh[s
Barony Oakdale tY1,.i 'rperdal
PADowns Statesville s
Hoods
Hebron Goost a `2'��a` Chemway --
na,I;,..�; Atando
Air
16r1 Matthews'%• Jundivn Fronea� L";
yfie Z1 y.:s•.16 48 nt M s
Tuckaway o Hemby S't Z4 27
49 Park Bridge
I 51 E�' Stallings anmaw JAG Y Hickory
Pineville % Lake Park Charlotte �. ` F°
°'�Nrry � ;rave � ,,,.,E Mid
18 ca Indian Trail
Fares[ Lake
�65Ud�r
Rain Forest Stouts 74
Z1
Monroe
ga Cay Weddinglon Regional 4- g
took Ra Rd Wesley Airport k,
Riverview Fort Mill Fort M;e 0 s 1316 Chapel
c`i .. Marvin

Project Details
Project Details
Project Scope
Who is involved in the approval process
Town of Huntersville
Mecklenburg County
US Army Corp of Engineers
0 NCDEQ-Water Quality Division
NCDEQ- Solid Waste Division
Long term site more environmentally sound

Task No
Task Description'
Calendar
Days
2016
2017
2018
2019
2020
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
I Q4
2
Griffin Bros
2.1
Town of Huntersville
1year
3
JOYCE
3.1
Wetland Delineation and Pre -application Meeting'
90 days
3.2
401 Certification/404 Permit Application"
2years
3.3
S.W.I.M. Buffer Mitigation
6 months
3.5
Site Suitability Study
'years
3.6
Hydrologic Investigation
Iyear
3.7
Pipe Design and costs
9 months
3.8
Construction Plan Application
Iyear
4
Griffin Bros& JOYCE
41
Bid and Construction Phase Services & Phase 1 Infill
Construction'
1.5 ears
y

R Griffin Brothers Co.
Green Waste solutions
of North Mock
NORTH
Lx
WT. MSIII -
1-18 -W,
el
o .2
ORDMANCE AFFF ENCE
VA
SP100
-

AOPOI
Post
What are the proposed changes?
r-
Closure: Protective Covcmlc& Cap

9751F S. to Pine Blvd.
0 i ` CFmloae, NC 28273
ENGlNEE:RING a 7
9e�aa�2.11
August 1, 2016
Meredith M. Nesbitt, Planner
Town of Huntersville Planning Department
Post Office Has,664
Huntersville, North Carolina 28070
Re: Variance of Floodzone Ordinance
Greenway Waste Solutions, LLC
North Meek Landfill
Dear Ms. Nesbitt
On behalf of Greenway Waste Solutions (GWS), Joyce Engineering, Inc (JOYCE) is
Pleased to submit this letter to request a conditional approval of a Variance of Floodzone
Ordinance (Variance) at the North Meek Landfill in response to the Town of Huntersville's
comments dated July 28, 2016. As background, GWS is proposing to expand the North Meek
Landfill to maximize waste disposal capacity by filling in the valley between the two existing
landfill areas. The filling of the valley is intended to maximize waste disposal within the limits of
the property (parcel) without expanding the waste footprint toward neighboring parcels. Please
note that GWS has exhausted all other areas available cauxte, outside of the floodplain area, to
develop the landfill. The development of the floodplain area is critical for the expansion in terms
of the gained airspace and the environmental impact of the project. Moreover, the local and State
buffer requirements consume that majority of the available area to construct the landfill,
therefore an infill expansion of the valley is the only available option.
At this time, GWS is seeking your conditional approval of this Variance. As we discussed
earlier, the infill landfill expansion area is in the fringe and not the flo alway, therefore the
Federal Emergency Management Agency (FEMA) will not require GWS to conduct a no -rise
study. However, NC Department of Environmental Quality (DEQ) Solid Waste Section will
require a variance to fill in the floodplain prior to issuing a Permit to Construct for the new
expansion. According to NC DEQ Rules: "A C&D landfill most not be located in a 100-year
floodplain unless a variance for the facility has been issued in accordance with G.S. 143-
215.54A."
The landfill expansion will be designed to have a neural and most likely beneficial
impact to the floodplain storage area; however this cannot be factually supported without
conducting an extensive modeling of the project site for pre and post development conditions.
We believe that this study is premature at this early stage due to the multiple State and Federal
Agencies that will be involved in permitting this site in the new future. However, a conditional
approval of this Variance by Town of Huntersville can be contingent on conducting such a study
in the future and the approval of other State and Federal Agencies. The environmental study will
provide factual evidence, and it will be presented to the State and Federal Agencies as well as the
Meredith M. Nesbitt
August 1, 2016
Page 2 of 2
Town of Himtersville and signed off on by a Professional Engineer. The following are some of
the proposed design parameters that Bill be considered to tninitnie the impact of the project:
On -site stormwater and sediment control basins will be designed to handle the
run-off from all developed areas on the GWS property. The basin(s) will be
designed to handle the 25-year. 24-hour storm as required by NC DEQ:
Off -site stormwater and sediment control basin(s) will be designed to handle the
run-off from the neighboring Conunerce Station ulna typically flows through the
intermittent (or ephemeral) stream to be piped. GWS is currently negotiating the
location of the basin(s) with neighboring owners and developers: and
The stream will be piped using oversized culverts. These oversized culverts will
be able to handle some of the rising water during a 100-year storm. therefore
acting as a flood storage area.
The assessment of the aforementioned design parameters, as well as others, will be
completed as part of the future environmental study. At this stage, JOYCE believes it is
premature for GWS to spend the time and resources to complete this study prior to securing the
approval of the conceptual design of this project by Anny Corps of Engineers, NC DEQ Solid
Waste Section and NC DEQ Division of Water Resources.
Please do not hesitate to contact its during the review process with any questions or
conuncills you only luive. We look forward to working with you to get this Variance approved.
Sincerely,
JOYCE ENGINEERING, INC.
I 6/5
Amy R. Davis, PE
Senior Project Consultant

STORM 2145 Surxle Avenue
WATER Charlotte, NC zaze8,sz37
June 24, 2016
Mr. Mousa Maimoan, Ph.D.
Project Consultant
Joyce Engineering
9731-F Southern Pine Blvd.
Charlotte, N.C. 28273
Re: Revised Application for a Water Quality Buffer Disturbance
Greenway Waste Solutions
North Meek Landfill
Holbrooks Road, Huntersville, NC
Dear Mr. Maimoun:
Charlotte -Mecklenburg Storm Water Services (CMSWS) supports the mitigation plan proposed
in the revised application for a water quality buffer disturbance dated June 14, 2016 for the
above referenced site as summarized below.
1. The Mitigation Credit option is acceptable for use at a rate of $10 per square foot of
disturbed buffer as described in Section 5.4.3 of the Charlotte -Mecklenburg Buffer
Implementation Guidelines. The total amount of the Mitigation Credit is $2,150,000
when applied to the total area of the requested buffer disturbance at 215,000 square feet.
2. Greenway Waste Solutions will continue its efforts to identify suitable sites for the use of
the Buffer Restoration option. Upon approval of sites by CMSWS, the square footage of
these Buffer Restoration sites will be deducted from the area of the total buffer
disturbance at 215,000.
3. The Authorization Certificate Application for a Water Quality Buffer Disturbance will be
resubmitted to document the Mitigation Credit and/or Buffer Restoration options that will
be used for the above referenced site.
4. All mitigation must be completed and approved by CMSWS prior to the initiation of
buffer disturbance activities. For the Mitigation Credit option, checks are to be made
payable to the Town of Huntersville. The Town and CMSWS will coordinate regarding
the use of these funds for the restoration of water quality conditions.
Approval of a buffer disturbance requires a variance as stipulated in Section 8.25.11(b) of
Huntersville's Zoning Ordinance. In consideration of this variance, the Humersville Board of
Adjustment shall consider the above described mitigation plan as evidence responsive to
Sections 11.3.2 f), subparagraphs 1) (b) and 1) (c) of Humersville's Zoning Ordinance.
w To repore pollueion or drainage problems call: 31l ��.
fRWpJ>RiP http://st oxmwat ex.ch axmeck.org ><

Why are we here?
Who is Greenway Waste Solutions of North Meck?
What are the proposed changes?
Are we compatible with our neighbors?
Why is Greenway vital for North Mecklenburg?

THANK YOU
Mike Griffin
John Brown
7
Macon Carroll
704.895.4506 919.795.0599 704.408.9943
mike@griffin brothers. com [e-mail] [e-mail]

A.
B.
C.
1a
�r�, .
# e
NORTH CAIZO1.I A
Roll Call, Determination of Quorum
Approval of Minutes of Previous Meeting
Board of Adjustment
Regular Meeting Agenda
Tuesday
September 13, 2016 - 6:30 PM
Town Hall
Consider Approval of the August 9, 2016 Regular Meeting Minutes
Hearing of Cases
I. V16-02, Part 1: The applicant, Greenway Waste Solutions, is requesting a variance from
Article 8.25.5 S.W.I.M Stream Buffers, Minimum Buffer Widths in order to be allowed to
disturb a 30', 35' and 50' S.W.I.M (Surface Water Improvement and Management) Buffer.
2. V16-02, Part 2 - The applicant, Greenway Waste Solutions, is requesting a variance from
Floodplain Ordinance Section 151.60(A)(10) in order to be allowed to have a Construction
and Demolition (C&D) landfill in a Special Flood Hazard Area.
3. VA16-02, Part 3: The applicant, Greenway Waste Solutions, is requesting a variance from
Article 9.23.4.c, Off -Site Landfill Clearing and Inert Debris (LCID) and Construction and
Demolition (C&D) Landfills in order to be allowed to fill in a Special Flood Hazard Area and
disturb a 50' buffer from a delineated stream.
4. A16-02: The Applicant, Willie Page, is requesting an appeal of staff's determination that the
current "Outdoor Storage" occurring on his property (zoned Rural) is not permitted.
Other Business
Consider Approval of the 2017 Regular Meeting Schedule
E. Adjourn

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Michelle V. Haines
Subject: Consider Approval of Minutes
Consider Approval of the August 9, 2016 Regular Meeting Minutes
ACTION RECONN MED:
FINANCIAL IMPLICATIONS:
ATTACHM ENTS:
Description
❑ Draft Minutes
Type
Exhibit

A.
B.
C.
�r�, .
# e
NORTH CAIZO1.I A
Roll Call, Determination of Quorum
Board of Adjustment
Regular Meeting Minutes
Tuesday
August 9, 2016 - 6:30 PM
Town Hall
DRAFT MINUTES - SUBJECT TO CHANGE UPON APPROVAL
The Chairman determined quorum, and called the meeting to order.
Regular Members in attendance: Chairman Kluttz, Vice Chairman Welch, Brewer, Primiano, and
Smith.
Regular Members absent: Pugliese and Rowell
Alternate Members in Attendance: Evans, Cecil and Lowry
Approval of Minutes of Previous Meeting
Consider Approval of the July 12, 2016 Regular Meeting Minutes
A Motion to Approve the July 12, 2016 Regular Meeting Minutes was made by Edward Cecil
and seconded by Dennis Brewer. The Motion Carried by a vote of 7 Ayes and 0 Nays. Board
Members voting Ayes: Kluttz, Welch, Brewer, Primiano, Smith, Evans, Cecil
Absent: Pugliese, Rowell
Hearing of Cases
Oath:
Chairman Kluttz called all persons wanting to give testimony to the dais. Jack Simoneau, Planning
Director, Meredith Nesbitt, Planner I, were advised that they continued to be under oath from July
12, 2016; therefore John Brown was placed under oath prior to giving testimony.
The Chairman announced the order of business and called the case to hearing.
Testimony:
Jack Simoneau, Planning Director, commented that the members should have received an email
today from staff wherein it indicated that the applicant had received staff comments on the
variances, and that the applicant is simultaneously going through a rezoning and special use permit
process. There are also questions from Mecklenburg County Solid Waste on issues they want
clarification on. The applicant asked for a continuation of the hearing until next month. Staff
concurs, and feels that additional information will be helpful for staff to make a recommendation to
the Board of Adjustment. The applicant is here to answer any questions.
The Chairman called for questions of staff to which there were none.
V16-02, Part 1: The applicant, Greenway Waste Solutions, is requesting a variance from
Article 8.25.5 S.WLM Stream Buffers, Minimum Buffer Widths in order to be allowed to

disturb a 30', 35' and 50' S.W.I.M (Surface Water Improvement and Management) Buffer.
A Motion to Continue to September 13, 2016 was made by Toniann Primiano and seconded
by Edward Cecil. The Motion Carried by a vote of 7 Ayes and 0 Nays. Board Members
voting Ayes: Kluttz, Welch, Brewer, Primiano, Smith, Evans, Cecil
Absent: Pugliese, Rowell
2. V16-02, Part 2 - The applicant, Greenway Waste Solutions, is requesting a variance from
Floodplain Ordinance Section 151.60(A)(10) in order to be allowed to have a Construction
and Demolition (C&D) landfill in a Special Flood Hazard Area.
A Motion to Continue to September 13, 2016 was made by Toniann Primiano and seconded
by Edward Cecil. The Motion Carried by a vote of 7 Ayes and 0 Nays. Board Members
voting Ayes: Kluttz, Welch, Brewer, Primiano, Smith, Evans, Cecil
Absent: Pugliese, Rowell
VA16-02, Part 3: The applicant, Greenway Waste Solutions, is requesting a variance from
Article 9.23.4.c, Off -Site Landfill Clearing and Inert Debris (LCID) and Construction and
Demolition (C&D) Landfills in order to be allowed to fill in a Special Flood Hazard Area and
disturb a 50' buffer from a delineated stream.
A Motion to Continue to September 13, 2016 was made by Toniann Primiano and seconded
by Edward Cecil. The Motion Carried by a vote of 7 Ayes and 0 Nays. Board Members
voting Ayes: Kluttz, Welch, Brewer, Primiano, Smith, Evans, Cecil
Absent: Pugliese, Rowell
D. Other Business
Consider Approval of the Rules of Procedure
A Motion to Approve was made by Bethany Welch and seconded by Toniann Primiano. The
Motion Carried by a vote of 7 Ayes and 0 Nays. Board Members voting Ayes: Kluttz, Welch,
Brewer, Primiano, Smith, Evans, Cecil
Absent: Pugliese, Rowell
The Chairman noted that the Rules of Procedure have been discussed several times
concerning the modifications and changes. The Chairman asked if the members have all had
an opportunity to look at the most current version of the Rules of Procedure submitted for
approval. The Chairman called for questions for the Mr. Blythe, Town Attorney, and Michelle
Haines, Paralegal and Board Secretary, to which there were none. The Chairman asked Mr.
Blythe if he has reviewed the proposed Rules, and if the final draft met with his approval. Mr.
Blythe confirmed. The Chairman called for a Motion.
E. Adjourn
Approved this day of , 2016.

Chairman or Vice Chairman
Michelle V. Haines, Board Secretary

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Meredith Nesbitt, Planner I
Subject: V16-02, Part 1 - Greenway Waste Solutions
V16-02, Part 1: The applicant, Greenway Waste Solutions, is requesting a variance from Article 8.25.5 S.W.I.M Stream Buffers, Minimum
Buffer Widths in order to be allowed to disturb a 30', 35' and 50' S.WLM (Surface Water Improvement and Management) Buffer.
ACIION RECONtMMED:
Hold Hearing and take action.
FINANCIAL IMPLICATIONS:
ATTACHMENTS:
Description
Type
❑
Part 1 - Staff Report
Staff Report
❑
Exhibit 1 -Application - 8.25
Exhibit
❑
Exhibit 2 - Variance Case Flow Chart
Exhibit
❑
Exhibit 3 - SWIM Buffer Map
Exhibit
❑
Exhibit 4 -Article 8.25.11 SWIM Stream Buffer Appeal and Variance
Exhibit
❑
Exhibit 5 Mecklenburg County Storm Water Services Site Mitigation Approval Letter
Exhibit
❑
Exhibit 6 - Topographical Map
Exhibit
❑
Exhibit 7 — Map of Nearest Drinking Water Supply Location
Exhibit

Case #:
Address:
Parcel #:
Acreage:
Property Owner/Applicant:
Owner/Applicant Address:
Staff:
Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
V 16-02 (Part 1)
Greenway Waste Solutions, LLC
V 16-02, SWIM BUFFER
15300 Holbrooks Road
019-101-02
135.18 ac
Greenway Waste Solutions, LLC
19109 W. Catawba Ave, Suite 110 Cornelius, NC 28031
Meredith Nesbitt — Planner I
The applicant, Greenway Waste Solutions, is requesting a variance from Article 8.25.5 S.W.I.M Stream Buffers,
Minimum Buffer Widths (below) in order to be allowed to disturb a 30', 35' and 50' S.W.I.M (Surface Water
Improvement and Management) Buffer, see Exhibit 2, SWIM Buffer Map.
Minimum Buffer Widths_
All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-foot
vegetated buffer including a 10-foot zone adjacent to the bank. Disturbance of the buffer is
allowed: however, any disturbed area must be rmegetated and disturbance of the 10-foot zone
adjacent to the bank shall require stream bank stabilization using bioengineering techniques as
specified in the Design Manual_ All perennial and intermittent streams draining greater than or
equal to 50 acres and less than 300 acres shall have a 35-foot buffer with two (2) zones, including
a 20-foot stream side and 15-foot upland zone_ Streams draining greater than or equal to 300 acres
and less than 640 acres shall have a 50-foot buffer with three (3) zones, including a 20-foot stream
side, 20-foot managed use and 10-foot upland zone_ Buffers for streams draining greater than or
equal to 640 acres shall be 100 feet in width or include the entire floodplam. vEche%,er is greater.
This buffer shall consist of a 30-foot stream side, 45-foot managed use and 25-foot upland zone or
the entire FEMA floodplain, whichever is greater. All buffers shall be measured from the tap of
the bank on both sides of the stream_ A summary ofmmi mtun buffer widths is provided in the
table below_
Table of Minimum Buffer Widths by Basin Size and Buffer Zone
Area Stream Managed Aland pone Total Buffer Width each ates
Designation Side Zone Use Zone side of Stream
50 acres
IA
IA
130 feet
P0 feet
(1).(2)
50 acres
0 feet
I None
15 feet
05 feet
(2)
300 acres
120 feet
120 feet
110 feet
150 feet
(2)
> 640 acres 30 feet 45 feet L5ance
feet or 100 feet or entire floodplain, (2), (3)
of whichever is greater
flaodplain,
�hiche��er is
eater
Notes-
(1) All perennial and intermittent streams draining less than 50 acres shall have a 30-
foot vegetated buffer including a 10-foot zone adjacent to the bank_ Disturbance of the buffer is
alloived: however, any di 3turbed area must be re -vegetated and disturbance of the 10-foot zone
adjacent to the bank shall require stream bank stabilization using bioengineering techniques as
specified in the Resign I'vianual_
(2) Buffer Widths are surveyed horizontally on a line parallel to the surface ",eater, landward from
the top of the bank on each side of the stream.
(3) Floodplain and buffer calculations will be based upon the FEMA flood fringe and floodway
encroachment lines, as locally adopted and as may be amended from time to time.

Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
/ sMtumkrAe
NORTH CAROLINA
VA 16-02
.,�.
♦s
Greenway Waste
. NAkolbrookS
•��
R d
,' �
irk
Zone ;
NR & TR
,%
ti �
,� ,`
.
.�.
TR
Applicant:
Greenway Waste Solutions
00r�
�.
SITE
+/- 135 Acres
t
Parcels:
'
tp
01910102
�.
01916135
Cr
01918162
01934118
01910109
i
�_
"'
����
t?
TR Transitional Residential
"' •...,, �„ .e
1 co_ _..
r Q
NR Neighborhood Residential
ter``-Fut e_V
ur erhoeff
r �� -
ca Corporate Business
i
i _
7
0 1,000
`
y
i
Feet
BACKGROUND:
1. The subject property, 15300 Holbrooks Road is zoned Neighborhood Residential (NR) and Transitional
Residential (TR). The property is currently being used as a Construction and Demolition (C&D) Landfill.
2. April 27, 2016, Greenway Waste Solutions submitted a Special Use Permit and Rezoning application. This request
is to rezone the property from NR/TR to Special Purpose (SP) Conditional District in order to expand the current
C&D Landfill. In seeking the Rezoning then Special Use Permit approval, the applicants are seeking to pipe a
stream running across their property and expand the C&D landfill over the stream (Exhibit 1, page 1-13). In order
to move forward with the Rezoning and Special Use Permit process the applicants must obtain the following
variance (see Exhibit 2) approvals from the Board of Adjustments:
Zoning Ordinance Article 8.25.5 SWIM (Surface Water Improvement and Management) Stream
Buffer Minimum Buffer Widths (Subject of this Variance Report)
o" All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-
foot vegetated buffer including a 10-foot zone adjacent to the bank. All streams draining
greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer and
streams draining greater than or equal to 300 acres and less than 640 acres shall have a 50-
foot buffer."

Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
Flood Plain Ordinance Section 151.60(A)(10) (Not a part of this variance report, see part 2)
o" Construction of new solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted except
by variance, in Special Flood Hazard Area"
Zoning Ordinance Article 9.23.4. c (Not a part of this variance report, see part 3)
o "No fill in designated wetlands or the FEMA and/or Community Special Flood Hazard Areas"
o "50-foot buffer from delineated Stream"
3. Article 8.25 has specific appeal and variance requirements, located in Article 8.25.11 (Exhibit 4). Based on the
specific criteria the applicants are required to have a mitigation plan approved by Mecklenburg County's Storm
Water Services (Exhibit 5).
4. At this time, the applicant is requesting to utilize Mitigation Credits as the approved mitigation technique. Article
8.25.11.b.8 states: "Mitigation Credits: The purchase of mitigation credit through the Stream Restoration Program
on a 1:1 bases, utilizing linear feet of stream impact and the prevailing rate of purchase as established by the
Charlotte -Mecklenburg Buffer Implementation Guidelines." After the BOA has made a decision on this case the
applicant will work the Charlotte -Mecklenburg County Storm Water Services to identify alternative mitigation
techniques. The applicant seek to utilize a combination of approved (by County Storm Water Services) mitigation
techniques.
5. The Charlotte- Mecklenburg Buffer Implement Guidelines state the prevailing rate of purchase is "$10/square
foot." This totals to $2.15 million in mitigation credits.
6. The applicants would like to obtain a variance to relieve the requirement of Article 8.25.5, Minimum Buffer Width
therefore allowing them to disturb (pipe the delineated stream and fill) the required SWIM buffer along the stream
running through their property.
7. Update 9/13/16: Staff contacted Mecklenburg County Solid Waste Management just prior to the public hearing
for the Rezoning request in order to ascertain if there were any environmental issues or violations with the subject
landfill. The County stated that there have been reports of off -site contamination at the landfill but we would need
to contact the North Carolina Department of Environmental Quality (NCDENR is now known as NCDEQ) for
further information and details.
STAFF FINDINGS (ordinance standards are in italics):
Please see Exhibit 1 for the applicant's responses to the required criteria for granting a variance.
In considering any variance request, the following Standards for Granting a Variance (Article 11.3.2.e) must be addressed
with findings of fact:
Standards for Granting a Variance. When unnecessary hardships would result from carrying out the strict letter
of a zoning ordinance, the Board ofAdjustment shall vary any of the provisions of the ordinance upon a showing
of all of the following:
1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
Relevant Staff Findings of Fact:
A. The Zoning Ordinance offers relief (with Board of Adjustment action), found in Article 8.25.11 (Exhibit
4) from required SWIM buffer widths provided a mitigation plan has been approved.
B. On June 24, 2016, County Storm Water Services approved the applicants proposed mitigation technique
of mitigation credits (Exhibit 5).
C. According to US Census data found in the Huntersville 2030 Community Plan "from a population of
just 3,014 in 1990, to a 2010 Census population figure of 46,773 residents, the Town has seen an
increase of 1,452% in just 20 years". As a result of this growth, substantial Construction and Demolition
debris is generated in Huntersville's jurisdiction.
D. According to the application, "as a result of the ordinance the long term potential life of the landfill site
will be cut in half and have to close prematurely" (Exhibit 1).
2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for granting a variance.

Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
Relevant Staff Findings of Fact:
A. SWIM buffers are found all throughout Huntersville's jurisdiction. However, the Zoning Ordinance
offers relief, Article 8.25.11 (Exhibit 4) from required SWIM buffer widths with an approved mitigation
plan and Board of Adjustment action.
B. According to the application, "the hardship is unique to this site given the surrounding topography and
SWIM buffer coupled with its use as a Construction and Demolition landfill" (Exhibit 1).
Update for August Hearing: Topography map (Exhibit 6).
C. According to the application, "the proposed solution better manages water through concrete encased
pipe. Keeping the water isolated to the pipes eliminates the ability for runoff and material to enter the
stream. The plan included significant storm water management basins on both ends of the pipe"
(Exhibit 1).
3) The hardship did not result from actions taken by the applicant or the property owner. The act ofpurchasing
property with knowledge that circumstances exist that mayjustify the granting of a variance shall not be
regarded as a self-created hardship.
Relevant Staff Findings of Fact:
A. Greenway Waste at North Meck has been in operation since June 1993.
B. SWIM buffer regulations added to the Zoning Ordinance in October 1999.
C. According to the application, "the ability for relief provided in Article 8.25 shows the intention of the
ordinance is to allow for built-in relief. Therefore, the applicant's request for a variance is consistent
with the intent of the ordinance" (Exhibit 1).
4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
Relevant Staff Findings of Fact:
A. The applicants have proposed a mitigation plan, which at this time utilizes mitigation credits, to offset
the effects of impacting the SWIM buffer. This proposed mitigation plan has been reviewed and
approved by Mecklenburg County Storm Water Services staff (Exhibit 5).
B. If the variance is approved this would be just one part of the approval process in which the applicant is
seeking. After obtaining BOA approval, the applicants will have to seek approval for a Rezoning to
Special Purpose District and Special Use Permit for a C&D Landfill from the Town Board of
Commissioners. In addition, the applicant will have to obtain environmental approval from North
Carolina's Department of Environmental Quality (NCDEQ) Water Quality Division, NCDEQ Solid
Waste Division, and the US Army Corps of Engineers.
C. According to the application, "the community and the North Mecklenburg region will see an increase in
truck traffic as a result of taking C&D debris to other counties or Mecklenburg County's only other
permitted C&D landfill in South Charlotte. The discontinued use of the site as a C&D facility will
increase the amount of truck traffic by approximately 725,000 miles per year. Furthermore, 1,183
additional tons or 2.4 million additional pounds of carbon -dioxide would be emitted into the atmosphere
annually" (Exhibit 1).
D. According to the application, "the applicant will create a permanent storm water management system
that will improve the flow and decrease likelihood of a flood in the area as compared to existing
conditions." Furthermore, according to the application, "This system will meet the requirements and
criteria of Mecklenburg County Storm Water standards and require a floodplain development permit"
(Exhibit 1).
E. Update for August Hearing: Buffers are vegetated areas adjacent to streams providing infiltration for
storm water runoff and filtering of pollutants. The nearest drinking water intake location to the site is
found in Richmond County. (Exhibit 7).
F. Update 9/13/16: In conversations with NCDEQ staff was informed of the following:
o The Greenway Solutions Landfill on Holbrook Road has been found to exceed state
regulatory limits of various groundwater and surface water contaminants and methane
gas since 2013. Further, a Notice of Violation was issued on September 16, 2014 to
the landfill due to an encroachment upon their required state mandated buffer to the
east of the property. As of now, the landfill remains in violation of the required buffer.
o It appears the constituents leaching from the landfill have contaminated multiple
drinking water wells adjacent to the subject property. Two parcels were purchased

Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
(including one residence) by the landfill and two homes were added on to municipal
water service due to the groundwater contamination. According to NCDEQ, the
applicant has been cooperative with the state in installing both shallow and deep
groundwater monitoring wells and methane gas monitoring wells, in an effort to
analyze and find the nature and extent of both the groundwater contamination and the
methane gas exceedances. The applicant has also been cooperative in addressing the
immediate issue of the contamination of the adjacent drinking water wells as discussed
above. The monitoring and analyzing of both the groundwater and methane gas
contamination is ongoing. At this time, there are still many unknowns in regard to the
nature and extent of the existing groundwater and surface water contamination and
potential methane gas migration. Once the nature and extent is more fully understood,
NCDEQ will require mitigation plans for the applicant to begin contamination cleanup
of both the active fill area, and the fill area that is closed out and inactive (which is
under a different set of state rules). Contamination has also been found in the
groundwater monitoring wells near the stream, and recently in the surface water
sampling of the stream that is being proposed to be piped and covered with the
expansion.
STAFF CONCLUSIONS:
The applicants are seeking a variance from Article 8.25.5 S.W.I.M Stream Buffers, Minimum Buffer Widths in order to
be allowed to disturb a 30', 35' and 50' S.W.I.M (Surface Water Improvement and Management) Buffer. Based on the
summary of findings, staff concludes this request does not meet the four Ordinance requirements for granting a variance.
Therefore, does not support granting a variance for this case.
1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
Staff Conclusion of Findings:
The Zoning Ordinance offers relief (with Board of Adjustment action), found in Article 8.25.11 from
required SWIM buffer widths provided a mitigation plan has been approved. On June 24, 2016,
County Storm Water Services approved the applicants proposed mitigation technique of mitigation
credits
2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for granting a variance.
Staff Conclusion of Findings:
SWIM buffers are found all throughout Huntersville's jurisdiction. However, the Zoning Ordinance
offers relief, Article 8.25.11, from required SWIM buffer widths with an approved mitigation plan and
Board of Adjustment action. Further, the landfill has been in operation since 1993 and the SWIM buffer
regulations were adopting in 1999.
3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that mayjustijy the granting of a variance shall not be
regarded as a self-created hardship.
Staff Conclusion of Findings:
Greenway Waste Solutions' North Meck Landfill has been in operation since 1993, before the
adoption of SWIM buffer requirements.
4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
Staff Conclusion of Findings:
The applicants have proposed a mitigation plan, which at this time utilizes mitigation credits, to offset
the effects of impacting the SWIM buffer. This proposed mitigation plan has been reviewed and
approved by Mecklenburg County Storm Water Services staff and meets the intent of the ordinance.

Board of Adjustment
SWIM Buffer Variance Public Hearing Staff Report
September 13, 2016
However, there are still many unknowns in regard to the nature and extent of the existing
groundwater and surface water contamination and potential methane gas migration. Once
the nature and extent is more fully understood, NCDEQ will require mitigation plans for the
applicant to begin contamination cleanup of both the active fill area, and the fill area that is
closed out and inactive (which is under a different set of state rules). Contamination has also
been found in the groundwater monitoring wells near the stream, and recently in the surface
water sampling of the stream that is being proposed to be piped and covered with the
expansion. This the unknown of the ground water and surface water contamination and
potential methane gas migration staff does not feel the intent of the Ordinance or public
safety is secured.
Exhibit 1 - Variance application
Exhibit 2 — Variance Case Flow Chart
Exhibit 3 — SWIM Buffer Map
Exhibit 4 - Article 8.25.11 SWIM Stream Buffer Appeal and Variance
Exhibit 5 — Mecklenburg County Storm Water Services Site Mitigation Approval Letter
Exhibit 6 — Topography Map
Exhibit 7 — Map of Nearest Drinking Water Supply Location

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Fee: $150 (Residential)
$300 (Commercial)
Property Owner Information
Name:
Address:
Email
Phone No.
Location of Property/Building
Address:
Tax Parcel ID (PIN) Number(s):
Text of Ordinance to be varied
Ordinance:
Submittal Requirements
Article:
Variance Application
Date:
Applicant Information (if different)
Name:
Address:
Email:
Phone No.
Parcel Size:
Section:
The following must be submitted with the completed application (signed and dated by the property owner and/or
applicant):
• One (1) hard copy and one (1) electronic copy of any applicable map(s), site plans, exhibits, and applications
showing exact location of property with respect to existing streets, adjoining lots and other important features on
or contiguous to the property. Also, include any maps and/or illustrations (to scale), which are necessary to show
the location, number and size of buildings, signs, etc., on the property.
• A list of names, addresses and tax parcel identification numbers of properties that abut the site, are across the
street from the site or are otherwise within one hundred feet (100') of the site. (Electronic format is preferred)
Page 1 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Notifications Requirements
Variance Application
Planning Staff will be required to notify in writing each adjoining property owner.
Planning Staff will also be required, if you are seeking a variance from the requirements of the Mountain Island Lake or Lake
Norman Watershed Overlay Districts, to notify in writing each local government having jurisdiction in the watershed and the
entity using the water supply for consumption as follows:
* Mountain Island Lake Watershed Overlay. Local governments having jurisdiction in the watershed: Charlotte
Mecklenburg, Cornelius and Huntersville. Entities using the water supply for consumption: Mecklenburg County, Gastonia
and Mount Holly.
* Lake Norman Watershed Overlay. Local governments having jurisdiction in the watershed: Davidson, Cornelius and
Huntersville. Entities using the water supply for consumption: Mooresville, Mecklenburg County and Lincoln County.
Variance Requirements
STANDARDS FOR GRANTING A VARIANCE (Article 11.3.2.e.):
When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment
shall vary any of the provisions of the ordinance upon a showing of all the following:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to
the neighborhood or the general public, may not be the basis for granting a variance.
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as
a self-created hardship.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is
secured, and substantial justice is achieved.
Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the need for a
variance, may be imposed by the Board (Article 11.3. Le.).
In the following spaces, indicate the FACTS that demonstrates to the Board of Adjustment that you meet all the standards
for granting a variance:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property. The difficulty or
hardship would result only from these regulations and from no other cause, including the actions of the owner or
previous owners of the property.
Page 2 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Variance Application
2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships
resulting from personal circumstances, as well as hardships resulting from conditions that are common to the
neighborhood or the general public, may not be the basis for granting a variance. The difficulty or hardship is peculiar
to the property and is not generally shared by other properties classified in the same zoning district and/or use for the
same purpose.
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property
with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-
created hardship.
4. The public safety and general welfare have been protected and substantial justice done.
Property Owner / Applicant Certification
I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information
and belief.
2— - - �� * '
Property Owner / Applicant Date
Page 3 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

List of adjacent property owners (for variance)
-within 100ft
• 01910116 Town of Huntersville PO Box 66428070 Huntersville, NC 28070
• 01930104 Arnold W. Johnston 12300 Old Statesville Road Huntersville, NC
28078
• 01930105 Linda Wester Long 7910 Golf Course Dr N Denver NC 28037
• 01934105 Michael and Tracy Tinsley 11737 Trails End Lane Huntersville NC
28078
• 01934118 Greenway Waste Solutions LLC 19109 W. Catawba Ave Ste 110
Cornelius, NC 28031
• 01934108 William and Campbell Hammill 11745 Trails End Ln Huntersville
NC 28078
• 01918135 Greenway Waste Solutions LLC 19109 W. Catawba Ave Ste 110
Cornelius, NC 28031
• 01919102, 01919105, 01919106, 01937103, 01937199, Mecklenburg
County 600 E4th Street 11th floor Charlotte NC 28202
• 01937102 Sherrill's Group LLC 14031 Laurel Trace Dr Ste 1600 Charlotte NC
28273

Article 8.25
Unnecessary hardship would result from the strict application of the
ordinance. It shall not be necessary to demonstrate that, in the absence of the
variance, no reasonable use can be made of the property. The difficulty or
hardship would result only from these regulations and from no other cause,
including the actions of the owner or previous owners of the property.
a. The inability to impact the S.W.I.M Buffer as the landfill expands
creates an unnecessary hardship for the property owner and the
community alike. As a result of the ordinance the long term potential
life of the landfill site will be cut in half and have to close prematurely.
This variance is one part of the process that, if approved, will allow for
continued existence by increasing the area for operation. The
hardship is that these regulations prevent the applicant from seeking
the required approvals from State and Federal environmental
agencies to pipe the water through the site. Upon plan approval from
these agencies, the applicant will create a permanent storm water
management system that will improve the flow and decrease
likelihood of a flood in the area as compared to existing conditions.
The system will improve flow up and down stream by providing
basins on either end of the pipe. This will help control the speed of the
water. The pipe itself will provide sufficient capacity to allow water to
flow during peak flood conditions. This system will meet the
requirements and criteria of Mecklenburg County Storm Water
standards and require a floodplain development permit. A buffer
mitigation plan has been approved by Mecklenburg County. The
professionally engineered plans and process through which the
applicant will gain ultimate approval will be heavily scrutinized and
coordinated with the State's Department of Environmental Quality
("NCDEQ") Water Quality Division, the Army Corps of Engineers and
NCDEQ Solid Waste Division. Beyond the approval of this variance,
extensive engineering and multiple levels of approval will be needed.
This ordinance threatens to derail this project because local approval
is required by the State and Federal agencies. Exhibit A provides
detail on the storm water management system and site.
2.) The hardship results from conditions that are peculiar to the property,
such as location, size, or topography. Hardships resulting from personal
circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the
basis for granting a variance. The difficulty or hardship is peculiar to
the property and is not generally shared by other properties classified
in the same zoning district and/or use for the same purpose.
a. The hardship is unique to this site given the surrounding topography
and SWIM buffer coupled with its use as a Construction and
Demolition ("C&D") landfills. Landfills need large areas of land with
uninterrupted space for optimal site efficiency. The stream and storm

water conveyance, which originates on the Johnston property
immediately to the West, channels water between two permitted
landfilling areas. The topography and SWIM buffer has created a
hardship which prohibits the ability to increase the landfill capacity
by joining the two permitted areas. The proposed solution better
manages water through concrete encased pipe, as depicted in Exhibit
A and B. Keeping the water isolated to the pipes eliminates the ability
for runoff and material to enter the stream. The plan includes
significant storm water management basins on both ends of the pipe.
This solution will allow for a more environmentally responsible way
to mange water and maximizes the landfill capacity to better serve the
citizens of Huntersville and the North Mecklenburg region. The
specifications of the storm water system and pipe will meet the
requirements of Mecklenburg County.
3.) The hardship did not result from actions taken by the applicant or the
property owner. The act of purchasing property with knowledge that
circumstances exist that may justify the granting of a variance shall not
be regarded as a self-created hardship
a. The hardship was not created by the manner in which the property
has been used. The ability for relief provided in Article 8.25 shows the
intention of the ordinance is to allow for built-in relief. Therefore, the
applicant's request for a variance is consistent with the intent of the
ordinance.
4.) The public safety and general welfare have been protected and
substantial justice done.
a. The public's safety and general welfare are best served by a variance
to this regulation. The community and the North Mecklenburg region
will see an increase in truck traffic as a result of taking C&D debris to
other counties or Mecklenburg County's only other permitted C&D
landfill in South Charlotte. The discontinued use of the site as a C&D
facility will increase the amount of truck traffic by approximately
725,000 miles per year. * Furthermore, 1,183 additional tons or 2.4
million additional pounds of carbon -dioxide would be emitted into the
atmosphere annually.** It is in the best interest of the community to
ensure the continued operation of this site. These hardships can be
avoided through a variance. Exhibit C is a map showing proximity to
other locations and Exhibit D shows the routes which will experience an
increase in truck traffic without the facility.
The public's safety and welfare will also be better served as a result of
the proposed piping; given that water will not interact with the
materials during normal flow nor a flood. The applicant will provide
ample capacity for the water to flow through the pipes, before and
after storage basins as well as lining and capping the facility. This

ensures that water will not touch the debris that is deposited in this
area.
*based on 2015 volume with the assumption of an average increase of 20 miles per
truck to the next permitted C&D facility.
**carbon calculator courtesy of the USDOT Federal Transit Administration

�\
30' UNDISTURBED BUFFER
PIPE DESIGN PER MEMORANDUM FROM MECKLENBURG COUNTY APPROX. 32,000 SF I `
DATED J U N E 16, 2016: APPROX. 530 LF
1. THE LOCATION OF THE PIPE IS SUBJECT TO CHANGE.
2. THE DESIGN STORM EVENT IS THE 100-YEAR UNDER FULLY DEVELOPED y� 11 \ \\\I\ //\/ /j\ ) o I /
LAND USE CONDITIONS.
3. INCLUDE 12 INCHES OF FREEBOARD FOR CULVERTS UP TO 3 FEET IN DIAMETER
4. INCLUDE 18 INCHES OF FREEBOARD FOR CULVERTS.GREATER THAN 3 FEET IN
DIAMETER.
5. HW/D < 1.2.
WETLAND FROM/
6. WHEN CONSTRUCTED, FLOOD WATERS SHALL NOT OVERTOP THE PIPE SYSTEM ♦ ` �� \ \\ / 2009 D�LINEAITION
AND CARRY DEBRIS OR SEDIMENT DOWNSTREAM. ♦ J 1 \\ \_a d 6&�) / �
� 0
-
"fir 'j` l \ \ \ \ 10 '�j /
7. A MINIMUM SLOPE WILL BE 0.5% OR THAT WHICH WILL PRODUCE A VELOCITY OF \� r \v / //� ^ / / / ) \ \ \ "\
2.5 FEET PER SECOND WHEN STORM DRAINAGE SYSTEM IS FULL, WHICHEVER IS ,L I / / / / / a y� \ \ \ \ "`\ �SB E
GREATER. ♦ r \ C J / 1 / / / / / I �b ( C& \ \ \ \\ \ \ \ �, �> �- - -
381.20
8. JUNCTION BOXES TO BE INSTALLED IN PIPE AT DIRECTION CHANGES. STRUCTURE 009 "1 �� CIE\ \ \ \ \ \ \ �\ �\
BOX FOR JUNCTIONS TO BE SEALED BY A PROFESSIONAL ENGINEER. O� \\� ` / `/� �7
9. BACK -FILL AROUND THE PIPE UP TO THE REQUIRED FREEBOARD SHALL BE GOOD / ' L ` / I I / I ^1 / I I I C \ \\ \ \ \ \ / / Jp.\0O
STRUCTURAL FILL.
10. PIPE STRUCTURAL CAPABILITIES SHALL BE ABLE TO HANDLE FULL HEIGHT OF SOIL /I)\\ \ \ \ �! _.Z
SURCHARGE. )1 J \ �� / / 00 / / // l I I I I ( it \ \\ \ \ \ \ I \ ♦ PROPOSED STORMWATER
MANAGEMENT AREA
12. EROSION AND SEDIMENT CONTROL PROCEDURES FOR THE SITE WILL BE
IMPLEMENTED TO MEET DEQ REQUIREMENTS.
13. APPLICABLE 401/404/NPDES PERMITS AND FLOODPLAIN DEVELOPMENT / ✓�\ / \ \ ' / / / / / / / \ \ \ l \ \\ \I \ \\ 1 II 1 / `
PERMIT WILL BE OBTAINED AS REQUIRED PRIOR TO CONSTRUCTION.
? /
P/R�POSEb SP L�LW Y
� 9
APPROXIMATE P OSE-D- - _ _ - VG-YkFLOODPLAIN BOU`NDA'AlRxr/ /
/ / / / ��'� `\ \ `\ \ \ \ � \ NEW LIMITS OF WASTE - (FROM �CdUNTY 61S)
cb
EXSTIkQ LANDFILL A /' / � ,, / / ; / / / ❑ ❑ ❑ ❑
/ 50 BUFFER_ - / / /
\ \ \ \, Q \ / 1 / / / (TOB&TAKEN) - / ❑ ❑ ❑
\ \ ` , �'O\ \ \ ( ) APPROX. 100,000-SF _ � � - - � i /
`� �\ � O\ �\ \ `\ \\ / /' /-CPPRO�(. f,00� j - - _ 680- f / ❑/
\ �n /
C/❑ ❑ ❑/ \ \
-
- / , -
/ �\ WETL D FROM 2009 D INEATFE7N J � / / El ❑ ❑ ❑ / -68a ,
PROFOSEbPIPE/CULVERT
EX INGCULVERT/ \ / �� /1 -�
11\ \ RO _OSED STORMWATER - -7 -' / �' /' / ❑ ❑� /' / / / J T \
6072,� 0 \ \ \ � _ , J MANAGEMENT AREA- � � ` - - -APPROXIMATE�AINAGE WA�(
08 - - / El A-0-
El El El
EXIyST r-, CULY"T
'50 UNDISTURBED BUFFER
14,000 SF
130 LF
\APP
ROXIMATE LOCATION
FOR THE PROPERTY LINE
FOR NEW PARCELS
UO \ �� r . - - PR POSED INLET - �2g ❑ ❑'❑ ❑ E, El ❑ ❑J ` t` / / / / �,�g _PROPOSE STOF�MW/TER
SITE LEGEND ` \ CTIOM ANDf / / / . / \ / / / - - / / MANAGEMENT AREA I
❑ ❑ ❑ ❑ PROPOSED PC/SWIM ❑ ❑ ❑/� ❑ \� ��-/� Q� Q� C�ff NEW PARCEL
BUFFER IMPACT r
I
�� ^ Ci, \ v / PROPOSED PIPE / CULV� RT / / / / /
PROPOSED PC /SWIM / ❑ ❑ ❑ C�g� �, ❑ ,�� / / / / / � / / / � �'(-b')
BUFFER PRESERVATION l2S' ❑ ❑
.9 ``�----690'/ -- �I-��/ �p� / / / // / j / �� \\ I \ � I J J NEW PARCEL
N�1.00AC.
PROPOSED STORMWATER 35 UNDISTURBED BUFFER ♦ `\(/ \ �❑ ( _ \ - - - �7- - � - - - /
MANAGEMENT AREA APPROX. 16,500 SF \�� �] ❑ -7�0 ^ _ - - /
APPROX. 186LF \ \ El El--- - ^\---�
\ I I --� --'--- / AND35BU FIE
30 BUFFER ❑ ❑ \ l - - -740- (Tci A
WETLAND TO BE TAKEN ♦ \ 1 \ \ I � \ AP P X,115,000 CU AT SF �'
15,500 SF INDIVIDUAL ♦ El\\ \ \ \ �� - - - - - r -- - \ `\ ROX�1;6 MU IVE LF/�
233LF \ \ \ \ \ �\ 1 r`-760---� 1 I \ -- �a� �/ /� / / / / / I I I ( I ICq
FLOODPLAIN EX'fSTrN� LANDFILL AREA
I
♦ 5� \ APPRC5X1 E E{3- �����°
♦ _ \ \ \ I I I I \ - - \ NEW LIMIT WASTE.- - - - /1A11
_ E PAR(
- - - - - STREAM CENTERLINE \\ I I I 1 - - - -TREE PRESERVATION / ' / / I I �✓ / In r,
_ r I
\ I \ _� - BUFFER LIMITS �1�
- - PROPERTY LINE 30 UNDISTRUBED BUFFER
APPROX. 5,800SF ♦ I \ \- - - - - - - - 0--------
APPROX. 120 LF � � I \ � �/ / / / / 'A*/
�90-------------� �� / 100mriIST�J BUFFER �
X. 77,500 SF
References: APPROXIMATE PROPERTY LINE ♦ \ `�� \ \ _ / / // /j / / / / / / / / / / / APPROX. 750 LF
1. Preliminary plat for parcel provided by Patterson Land Surveying, PA on April 15, 2016. ♦ \ �0- - - - - - - - - - - -
(FROM COUNTY GIS)
2. FEMA 100-year floodplain and SWIM/Post Construction buffers were obtained from Mecklenburg County GIS April 2016.
3. Existing Site topography shown provided by Patterson Land Surveying, PA on April 15, 2016.
4. Stream buffer boundary based on approximate stream centerline provided by Patterson Land Surveying, PA on April 15, 2016. No stream top of bank survey has been performed. \ \ L&
5. Tree survey information was provided to Joyce Engineering, Inc. by Griffin Brothers Companies on May 12, 2016. ♦ �s `
6. Vicinity map was adopted from CEC Special Use Permit Drawing to the town of Huntersville. tiQ ♦
Notes:
1. Property address is 15300 Holbrooks Road, Huntersville, NC 28078. �`90 \ '�9\ \ \ \ I / / / / / / / / / 25' S,ANttARY
2. Areas, Lengths and calculations of stream buffer impacts and corresponding mitigation areas areapproximate and have not been field verified. `�' \ \ \ // / / � / / / / SEW ROEASEMENT
3. Proposed waste area and associated stormwater management areas are conceptual. \ \ \ / / / / / / / i DW5 BOOK 24121
♦ \ \ \ \ \ \\ \\ \ �� / \ �829 / / / / / / / / / /' / / / / / / / /.0i PAGE 355
m
J
C)
o
C
Qi w
w W >
Z Y O
°
m .�
CZ`�
U) W 0-
Q
Lu _ 0-
D D U a
a
0
o
>
Zm
r'- M
N
J
WNp
Z00N
00
r-
�
N �
O
U
` W
Z Z 0
W
WZ)p
J
H�
CL
Of
Z
\
0WZ
O
U
Z
`
U a-
M
W
J
J Q
z
UJ
W0
�U
O�
z�
Q0
vJ z
z>
O1.--
JD
OU
U)
W C�
Q
z
LLI
Q
�U
W W
W
J
Q z
aw0
ofUQ
wQU
Q�O
3W
Q 0-
0� Ln E-L
000
LL_ [)� Lu
zw0
O�
LL
�Z)p
Um �
J �
0-
Q
PROJECT NO.
916.1501.11
SCALE
' AS SHOWN
GRA HIC SCALE DRAWING NO.
0 50 100 200
1
(FEE
0
ca
J
!1,
0
J
0)
3
0
N
W
z
Z)

Exhibit B
(for illustrative purposes only)
PIPE
INSTALLATION
ULIAIL
ERBANKMENT MATERIAL EOMPAGTEG PER PROJECT SPEGTIGATIGN5
UNOISTMRRPR NATIPT. OR a RSR UR r %N
OF MAXIMUM 3TANYM9 PROCTOR OF YARIMUM VANOARE PRUCTOR
(ASTM DM) (A— oeRe)
_ 1.-�
ryE a 36• UNUISTUI�ED NANATIVEUNOISTUMEO NAi
I YIN f
r R V—o•
UNGOIPA&M MYTERMI. IJU PAITOGITS l RGCR TMAN C

Exhibit C
wool le Uuam'
Lake Norman
of Cate TO hd
Mooresville Faith
Maiden
China Grove
Landis ShMill gs Rockwell
pulnpkrn
21 Fr�villa
niels Ceiri
li: r t
Mt Mitchell
Bage■ City
C� rnel u: K a'l polls
Lmcalritan
Llthio
Machpels
--' fJ:-11
Springs,
IN
rt
High Shoals
Hun
ncord MI Pleasant
E7
SIB I.'r ain
❑n
Dallas
Mountain
Georgevllle Lamher
Nit H ly J-dz e SIdifS•:i ie
Bessemer
City W
Rama
I1
Gastonia
_. ..--,.•;.,
-Lori-Mc/ltlenv lle
..
%,i_ndr. ir.^ LDcust RedC-
Cramertan Belmont
ills
�.Y Blg L
South
yr
2
StanhNa
rintte Midland Oa
Gastonia
IAarlwoad
f4Wrlers
Acre Clear Creek
ountain Cronelers
Point
Brlet
� Mrnl Hill
ate Park
lain - - Bowling
74
k Green
In. vitl�-cs Fairview
YV90d5 New Salem
Clever
Lak Wyka 29
Matthews emuy
Idge l
la Wyk Pineville Stallings Uniorntile
Fares: La.z
aka Park Watson
Indian Trail
:10 Ram Forest
74
5 167
r
Tega Cay
Weddington Br
armllcl
is r Hook Fart Mill
Weser
Chapel
c
Glee Farm
York
Newport
Monroe 74 Wingate MarsFrville
W Red River
uston
Meader
Merl Leah
Delphis
Lakes Meaica
Miner I
Red Oaks R9 Hill
Waktlaw Sp gs
322
Belle Men
Nanoack Roughedge Stur
Cro-
Leslie
�� Anon
LJ
Mc Gonnells
3?2
peas Mill Cluhsme
Esialei
IRS A
Trinity

Exhibit D
ek Kd 161 rora Airpark 115
u� •
IlRe
15U
Lake Norman
1S2
� ��®
of Catawtaa resviiie
CD
21 1
e 752
rc
China Grave
r 175
boo
15S
MI Mourne
SIKa
Landis
Webbs Lake
Enorhville
16 Normare
rG 21
P
1363
9 Westport Qavrdioi
vane sr
Mt Mncl
� Ry
Cornelius
❑ilv
Kannapolis
C:7
_
115
16
73
Caldwell
Gooks
Grassing
Ichpelah
�.Z.
CD
73 "
►S ©
115 ��
Wil-Mar
If Park
Lawebville
71
yuntersv111e
Concord
Bradford
Allison Ferry Field
c� 3
"q,
Concord
fiQ1 srs
Joplor
nl
273 Mwrlklin
hiland LakeGOV
Rv6erta
7
_
. HarrisburprPlIarrs
RX.Kwell Paw
�
-12r'l phill F1c++�n[5
ale Bernal
Mt Holly Sadyeco �• Statesville
m
Catawba T UP Chem
HelgMs� Mande
mas6oror [`.k
t}
^_unction
Pioneer _
McAdenwille 16
M 1115
merton Belmont 74 21
� -Illy Chaflotte
Hickory
Grove
a
Nhe.,�
74
Wilgrove
i=-«ar
79
s:e Air Park
Clear Creek
�11 1
Marlwood
Pared se Qom
Point � F,anc hr�9nls
Idlewild Acre
3 ..,:li• ;.t•-,ngs
`d. Mint HIII

Variance:
SWIM Buffer Minumum Buffer Widths
(Article 8.25.5)
SWIM Buffer Mitigation Plan: Approved by County
Greenway Waste Solution Request: Rezoning and
Special Use Permit
Variance:
1. No Fill in Wetland or FEMA and/or Community
Special Flood Hazard Areas
2. 50-Buffer from delineated Stream
(Article 9.23.c)
Variance:
Construction of new solid waste disposal facility,
hazardous waste management facility, salvage yards,
and chemical storage facilities shall not be permitted
expect by variance, in Special Flood Hazard Areas
(Code of Ordinance 151.60.A.10)
Recommended Conditions of Variance:
Prevent upstream Flooding - plan for 100 year floc
2. All Floodplain Development Permits will be
obtained from Mecklenburg County (this will cover
any required no rise studies).

Polaris 3 G Map — Mecklenburg County, North Carolina
0
i' OA
Date Printed: 6/27/2016 4:14:36 PM
. Atli,
' 1 ► ;x„ y
do
UOL125).025 0.05 Miles arm x�
} This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data.
Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal
responsibility for the information contained herein.

11 Appeals and Variances.
a) An appeal to reverse or modify the order, decision, determination, or interpretation of the Zoning Administrator shall
comply with the procedures and standards of Section 11.3 of these ordinances.
b) Special Variance ProvisionslMitigation Techniques.
• - When "practical difficulties or unnecessary hardships", as defined in Section 11.3.2 f, would result from strict
adherence to the buffer width requirements and/or buffer treatment standards, a petition for variance may be filed
with the Huntersville Board of Adjustment in compliance with the procedures and standards of Section 11.3.
• - Site specific mitigation plans using the mitigation techniques set out below and approved by the designated agency
shall be construed by the Board of Adjustment to be evidence responsive to Section 11.3.2 f), subparagraphs 1) (b)
and 1) (c) — consistency with adopted plans and protection of public safety and welfare. Specifications for these
mitigation techniques are provided in the Charlotte -Mecklenburg Buffer Implementation Guidelines (for Structural
BMPs). The techniques below are not construed to offset the requirement of Section 8.25.6 for diffuse flow.
(1) Installation of Structural Bi The installation of an on -site structural BMP designed to achieve specified
pollutant removal targets will allow for all proposed stream buffer impact on the specific site. The BMP must
remain outside of the Stream Side Zone and Manage Use Zone. A detailed BMP design plan must be
submitted to the Mecklenburg County Land Use and Environmental Services Agency for approval based on
specifications contained in the Charlotte -Mecklenburg BMP Design Manual. This plan must also include a
long-term maintenance strategy for the BMP, complete with the establishment of adequate financing to support
the proposed maintenance practices.
(2) Stream Restoration. The owner may restore and preserve the buffer area on any stream of equivalent or
greater drainage area the condition of which is determined to be qualified for restoration by the Mecklenburg
County Land Use and Environmental Services Agency on a 1:1 basis in linear feet of stream. This restoration
shall include stream bank improvements and Stream Side and Managed Use Zone re -vegetation, in
accordance with the Charlotte -Mecklenburg Buffer Implementation Guidelines, and receive approval from the
Mecklenburg County Land Use and Environmental Services Agency.
(3) Stream Preservation. The owner may purchase, fee simple, other stream segments at equivalent or
greater drainage area on a 1:1 linear foot basis and convey fee simple and absolute title to the land to the
Town of Huntersville, Mecklenburg County, or conservation trust, with a plan approved by the Mecklenburg
County Land Use and Environmental Services.
(4) Wetlands Restoration. On a 2:1 acreage basis for disturbed stream and buffer area (2 acres of wetland for
each acre of disturbed area), the owner may provide a combination of the preservation and/or restoration of
wetlands with protective easements and the implementation of structural or non-structural Bi to achieve
specific pollutant removal targets within the impacted area. Restoration plan must be approved by the
Mecklenburg County Land Use and Environmental Services.
(5) Bottom Land Hardwood Preservation. On a 2:1 acreage basis for impacted stream and buffer area 2 acres
of bottomland hardwood for each acre of disturbed area), the owner may provide a combination of the
preservation of existing bottom land hardwood forest or other specifically approved natural heritage area by
conservation easement or other legal instrument, and the implementation of structural or non-structural Bi
to achieve specific pollutant removal targets within the impacted area. Plan to be approved by Mecklenburg
County Land Use and Environmental Services Agency.
(6) Controlled Impervious Cover for Disturbance Landward of Stream Side Zone. The owner may commit to,
and provide, a specific site development plan for the parcel with requested buffer disturbance. The plan shall
limit overall site impervious cover to less than or equal to 24%. Preservation of the Stream Side Zone is still
required. Plan to be approved by Mecklenburg County Land Use and Environmental Services Agency.
(7) Open Space Development. The submission of a site -specific development plan that preserves 50% of the
total land area as undisturbed open space. Plan to be approved by Mecklenburg County Land Use and
Environmental Services Agency.
(8) Mitigation Credits: The purchase of mitigation credits through the Stream Restoration Program on a 1:1
basis, utilizing linear feet of stream impacted and the prevailing rate of purchase as established by the
Charlotte -Mecklenburg Buffer Implementation Guidelines. Mitigation credits purchased under any other
program (i.e., U.S. Army Corp of Engineers) shall not cover this requirement unless the issuing agency agrees
to relinquish the funds to the appropriate local government agency.
(9) Alternative mitigation. The list of mitigation techniques shall not prevent the creative development of
alternative mitigation plans that achieve the purposes of this section.

"?Charlotte -Mecklenburg
STORM 2145 Suttle Avenue
WATER Charlotte, NC 28208-5237
Services
June 24, 2016
Mr. Mousa Maimoun, Ph.D.
Project Consultant
Joyce Engineering
9731-F Southern Pine Blvd.
Charlotte, N.C. 28273
Re: Revised Application for a Water Quality Buffer Disturbance
Greenway Waste Solutions
North Meck Landfill
Holbrooks Road, Huntersville, NC
Dear Mr. Maimoun:
Charlotte -Mecklenburg Storm Water Services (CMSWS) supports the mitigation plan proposed
in the revised application for a water quality buffer disturbance dated June 14, 2016 for the
above referenced site as summarized below.
1. The Mitigation Credit option is acceptable for use at a rate of $10 per square foot of
disturbed buffer as described in Section 5.4.3 of the Charlotte -Mecklenburg Buffer
Implementation Guidelines. The total amount of the Mitigation Credit is $2,150,000
when applied to the total area of the requested buffer disturbance at 215,000 square feet.
2. Greenway Waste Solutions will continue its efforts to identify suitable sites for the use of
the Buffer Restoration option. Upon approval of sites by CMSWS, the square footage of
these Buffer Restoration sites will be deducted from the area of the total buffer
disturbance at 215,000.
3. The Authorization Certificate Application for a Water Quality Buffer Disturbance will be
resubmitted to document the Mitigation Credit and/or Buffer Restoration options that will
be used for the above referenced site.
4. All mitigation must be completed and approved by CMSWS prior to the initiation of
buffer disturbance activities. For the Mitigation Credit option, checks are to be made
payable to the Town of Huntersville. The Town and CMSWS will coordinate regarding
the use of these funds for the restoration of water quality conditions.
Approval of a buffer disturbance requires a variance as stipulated in Section 8.25.11(b) of
Huntersville's Zoning Ordinance. In consideration of this variance, the Huntersville Board of
Adjustment shall consider the above described mitigation plan as evidence responsive to
Sections 11.3.2 f), subparagraphs 1) (b) and 1) (c) of Huntersville's Zoning Ordinance.
•
obTo report pollution or drainage problems call: 311
CHA1H1,M- F._ http://stormwater.charmeck.org Is.

If you have any questions, please contact me at 980-314-3217 or email at
rusty.rozzelle(a)mecklenbur_cg ountync.gov.
Sincerely,
Rusty Rozzelle
Water Quality Program Manager
cc: Jack Simoneau, Town of Huntersville
Meredith Nesbitt, Town of Huntersville

p-
�A W�T
T1
AN
I On"
:56
ef frf IL % %
11, .-Z
%k% %
z
% %%
% % % % %% % %
% %
V.,
I%
% Qi.%
% :!% E
I
I
•
% %
_qoej. ; %
%
% %- % ap.% 4 j
% %J%%1WM- %
% '%% %,
-1 -.' % % Q
c1 %.% %
QM j%
1%
% %
;k %% %
%
# I % %,%•% $ .- - -, - % -%% %
.Z7 , -•% Z"
%Z7 % % '%
ti
lal, - - .' 'I - - % %
I % %
6e6.-&� %
% %
% %
0 - - - -�% %
y�
% A t�
Z.%
-4, - - _- Z - - %j - - 4 qQ
-'%, %Vtiv % %
% % '% %
•4 %
10
k% % --:-7%% %% .6f LV
% %
% %- -ze-Z
.P1
6 X
% % %
% %
% % m % k:
%LL % % %
vv
%%
LLJ zc : %%
% %
;6-
%%%
% iv
A%aV
ti
% r T3'- %
%
.1%
%�%%• %%
-% %%
I
tiL
% %.%.%'
- % %I
% %
9 U , ll 1ti % %0vr %%
e%%%V Z'%
%%\%%r-1 1% %tM1 %
% % % is M1i %
%
q%%%%-0
% %% %% u
% % p.-
%
Z % % %
%% %
%%,%%
Vol•I�jr�Q !
% % %
%. %
%ZZ L "k.
P
% %
1% %.z
% % % % %
%
% %
%%
%-. %%
%
%
yM1
•
1% %% %
%tz: - 07--a-
W %
% %
F. *'11'. -V-
% %
1-ti
; %,%
7% %:"1 20"11 y}l .M1 '
% - F-i -:a;.
% %
61 %
6.
% %
;% %%
11 %% IS J
%
Z
: % N0
%'%%, %
lflryy
II 1
%1. , %%% ;l�
-, .
fir'
AP
1
%Z.
v.
:%
ny %,
% % %
%
lrl
yvJ
Lv
%%I I %
%
% e'e% %
V%%%% %'%
%l. % %,%.%%V % I IfL
%ti
;�I%
% % e
yLv ,
Z
�—%Z%'
LM1'% % %%�X%v
%
% %
eel
Q cc -51 r' "I'lo I
post
% %
% % % %
%5
ti
% %%m
SIR - %
% % Z
e"V.'
%% % % .%:. *%
.%%
I%
:04 -1 z .%,%.
YL %,'.% L
011%6
I%M1ti % % %
4 .
-- - -: % %

IL
ir
fop#
am Ab
16
41L in
LLJ
L
w iv
Af
to ;dd
M. { t �I
-- 44 it
twn-
} ■LL
r r } I iY ti R J miV1 s
JF t a } • MLIP
Y
r_
Em
Sr
�` � _ '� k `y� Q►' ram. ■ - - •r - �ti.. r � r
-
a.
It 1p
dot
CL IL
40
4 r } fir'/• ;' ' !
J'
wok
Ik
Art
i
} C
IF
en _
l ! IV
i NN
03
19
t
qL
1' L doz . *ram ai
PC
IAG
ro

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Meredith Nesbitt, Planner I
Subject: V16-02, Part 2 - Greenway Waste Solutions
V16-02, Part 2 - The applicant, Greenway Waste Solutions, is requesting a variance from Floodplain Ordinance Section 151.60(A)(10) in
order to be allowed to have a Construction and Demolition (C&D) landfill in a Special Flood Hazard Area.
ACHON RECOMNIFNDED:
Hold a hearing and take action
FINANCIAL IMPLICATIONS:
ATTACHMENTS:
Description
Type
❑
Part 2 -Staff Report
Staff Report
❑
Exhibit 1 - Floodplain Variance Application_6.17.2016
Exhibit
❑
Exhibit 2 - Variance Case Flow Chart
Exhibit
❑
Exhibit 3 — Floodplain Ordinance
Exhibit
❑
Exhibit 4—Applicants response to Section 151.46 (B)
Exhibit
❑
Exhibit 5 — JOYCE Engineering Letter, dated August 1, 2016
Exhibit
❑
Exhibit 6 — JOYCE Engineering Letter, dated August 31, 2016
Exhibit

Case #:
Address:
Parcel #:
Acreage:
Property Owner/Applicant:
Owner/Applicant Address:
Staff:
Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
V 16-02 (Part 2)
Greenway Waste Solutions, LLC
V 16-02, Floodplain
15300 Holbrooks Road
019-101-02
135.18 ac
Greenway Waste Solutions, LLC
19109 W. Catawba Ave, Suite 110 Cornelius, NC 28031
Meredith Nesbitt — Planner I
The applicant, Greenway Waste Solutions, is requesting a variance from Floodplain Ordinance Section 151.60(A)(10)
(below) in order to be allowed to have a Construction and Demolition (C&D) landfill in a Special Flood Hazard Area. The
Floodplain Ordinance (Exhibit 2) is located in the Town's Code of Ordinances. Please see Exhibit 1 for the applicant's
responses to the required criteria for granting a variance from the Floodplain Ordinance. Below is the specific provision the
applicant is requesting a variance from:
(10) Construction of new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted except by variance, in Special Flood Hazard Area. A structure or tank for chemical or fuel storage incidental
to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area
only if the structure or tank is either elevated above the community base flood elevation or designed to be watertight with walls substantially
impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy;
I IMITS1 Kei 11110 I 111
1. The subject property, 15300 Holbrooks Road is zoned Neighborhood Residential (NR) and Transitional
Residential (TR). The property is currently being used as a Construction and Demolition Landfill.
2. April 27, 2016, Greenway Waste Solutions submitted a Special Use Permit and Rezoning application. This request
is to rezone the property from NR/TR to Special Purpose (SP) Conditional District in order to expand the current
C&D Landfill. In seeking the Rezoning then Special Use Permit approval, the applicants are seeking to pipe a
stream running across their property and expand the C&D landfill over the stream (Exhibit 1, page 2-24). In order
to move forward with the Rezoning and Special Use Permit process the applicants must obtain the following
variance (see Exhibit 2) approvals from the Board of Adjustments:
Zoning Ordinance Article 8.25.5 SWIM (Surface Water Improvement and Management) Stream
Buffer Minimum Buffer Widths (Not a part of this variance report, see part 1)
o" All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-
foot vegetated buffer including a 10-foot zone adjacent to the bank. All streams draining
greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer and
streams draining greater than or equal to 300 acres and less than 640 acres shall have a 50-
foot buffer."
Flood Plain Ordinance Section 151.60(A)(10) (Subject of this Variance Report)
o" Construction of new solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted except
by variance, in Special Flood Hazard Area"
Zoning Ordinance Article 9.23.4. c (Not a part of this variance report, see part 3)
o "No fill in designated wetlands or the FEMA and/or Community Special Flood Hazard Areas"
o "50-foot buffer from delineated Stream"
3. Section 151.40 of the Floodplain Ordinance gives the Board of Adjustment the authority to hear and decide
petitions for variances.
4. In considering a variance request from the Floodplain Ordinance, the following sections of the Ordinance must be
addressed with findings of fact or considered by the Board of Adjustment:

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
• Section 151.44 Factors for Conditions and Determination of Completeness (page 3)
• Section 151.45 Conditions for Variances (page 4)
• Section 151.46 Standards for Granting a Variance (page 4)
• Section 151.47(B) Miscellaneous Conditions (page 4)
5. The applicants would like to obtain a variance to relieve the requirement of Floodplain Ordinance Section
151.60(A)(10) therefore allowing them to disturb and expand a Construction and Demolition (C&D) landfill in a
Special Flood Hazard Area.
STAFF and APPLICANT RESPONSES: (ordinance standard are in italics font)
Please see Exhibit 1 for the applicant's responses to the required criteria for granting a variance. In addition to the
applicant's response to the required criteria for granting a variance the applications have submitted two letters from JOCYE
Engineering to address this project (Exhibit 5 and 6).
§ 151.44 FACTORS FOR CONSIDERATIONAND DETERMINATION OF COMPLETENESS.
(A) In passing upon variances, the Board ofAdjustment shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this chapter, and the:
(1) Danger that materials allowed to be placed in the floodway as a result of the variance maybe
swept onto other lands to the injury of others during a community base flood;
Applicant Response:
The pipe that will be installed will prevent any material from being place in the
floodway. The floodway area that the pipe will replace will house the same volume of
water that would have occupied the floodway in the event of a flood. This is eliminating
the ability of water to touch material and thus eliminating the ability for the material to
be swept onto other lands to the injury of others during a community base flood.
Additionally, permanent storm water basins will be placed on either end of the pipe.
This will prevent an increase, as a result of the fill, in water velocity downstream.
Exhibit A depicts the storm water management system and details the criteria by which
is was designed. Charlotte -Mecklenburg Storm Water Services supplied this criterion.
Exhibit B shows a cross section example of another pipe the applicant has install at this
location on another section of the property. The redundant pipe encase in concrete
ensure that water travels safety through the site and only makes contact with the pipe.
Exhibit C is a screenshot of a video taken from a recent pip inspection at the landfill.
Inspections are done routinely to document the integrity of the pip and ensure there is
no blockage. Similar inspections will take place for the proposed pipe.
Staff Response:
The floodplain will be piped. Further, the new landfill area will be lined in accordance
with state law. Staff finds there will be no danger that materials allowed to be place in
the floodway will be swept onto other land.
(2) Danger to life and property due to flooding or erosion damage from a community base flood;
Applicant Response:

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
The piping of the floodway will not allow erosion as water will be encased in the pipe.
The storm water management system proposed will have the necessary capacity to
safely handle water in a community base flood scenario. The proposed pipe and storm
water basin system will prevent this change to the existing stream from having an
adverse impact up and down stream as a result of its capacity to properly handle storm
water. Further detail can be seen in Exhibit A as to how the storm water system will
adequately handle a community base flood.
Staff Response:
The storm water management system as shown in Exhibit A has been designed to
handle the required flood event volumes. Details of the storm water management plan
will be reviewed and approved by Mecklenburg County. Staff finds that all details of
the storm water management plan will be evaluated by Local, State, and Federal
agencies before the applicant is allowed to fill in the floodplain.
(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage during the community base flood;
Applicant Response:
The proposed facility will be able to adequately handle a community base flood. The
redundant concrete encased pipes will be engineered, to the standards of NC
Department of Environmental Quality and Army Corps of Engineers, to withstand a
community base flood. Further, the pipes and storm water system will decrease the
potential for damage up and down stream as a result of its ability to process the storm
water. Further detail can be seen in Exhibit A as to how the storm water system will
adequately handle a community base flood.
Staff Response:
According to the application, the concrete pipes will be engineered to the standards of
the NC Department of Environmental Quality and Army Corps of Engineers. Staff finds
that all details of the storm water management plan will be evaluated by Local, State,
and Federal agencies before the applicant is allowed to fill in the floodplain.
(4) Importance of the services provided by the proposed facility to the community;
Applicant Response:
The services offered by the proposed facility are very important to the community.
The continued ability to accept construction and demolition debris has been and will
continue to be a benefit to the community. The facility allows for the community to
continue growing, as the debris generated by growth has to be processed somewhere.
The closer the facility is to the path of development the more economical
development is, saving money for the community and sustaining growth. Exhibit D
is a map showing proximity to other C&D location and Exhibit E shows the routes
which would experience an increase in truck traffic without the facility. The facility
decrease the number of truck miles traveled. If this facility were to shut down there
would be an estimated 725,000 additional truck miles on the community's road each
year. This is a result of the longer trips tucks would have to take to fill the void left

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
by this facility. An increase in tuck miles would also increase the amount of carbon -
dioxide output in the community each year.
Staff Finding:
According to US Census data found in the Huntersville 2030 Community Plan "from
a population of just 3,014 in 1990, to a 2010 Census population figure of 46,773
residents, the Town has seen an increase of 1,452% in just 20 years". As a result of
this growth, substantial Construction and Demolition debris is generated in
Huntersville's jurisdiction. Staff finds with a population growth there has been rapid
growth in Huntersville's jurisdiction. As a result of this growth, substantial
Construction and Demolition debris is generated in Huntersville's jurisdiction and
the facility provides and important service to the community.
(5) Necessity to the facility of a waterfront location, where applicable;
Applicant Response:
Not Applicable
Staff Response:
Not Applicable
(6) Availability of alternative locations, not subject to flooding or erosion damage during a
community base flood, for the proposed use;
Applicant Response:
There are no other areas on this site, outside of the flood area, to develop. Please refer to
Exhibit A to see existing landfill areas and property lines. The applicant has exhausted
all other areas on site to operate. The applicant is seeking two other variances in order
to complete this project. It is the best interest of the community to keep the existing
facility operating as long as possible in its current location.
Staff Response:
From a letter submitted by the applicant, dated August 1, 2016 (Exhibit 5) JOYCE
Engineering says, "the filling of the valley is intended to maximize waste disposal
within the limits of the property (parcel) without expanding the waste footprint toward
neighboring parcels. Please note that GWS (Greenway Waste Solution) has exhausted
all other areas available onsite, outside the floodplain area, to develop the landfill. The
development of the floodplain area is critical for the expansion in terms of gained
airspace and the environmental impact of the project"
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain
on the property and the applicant is proposing to impact +/- .87 acres of floodplain. The
map below identified new fill area that can be created if the SWIM Buffer variance is
granted and no landfill activity occurs in the floodplain. Therefore, staff finds there is
room outside of the floodplain to fill and this criteria is not satisfied.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(7) Compatibility of the proposed use with existing and anticipated development;
Applicant Response:
This proposed use is compatible with the existing use as the site is already being used
for this purpose. Additionally, our neighbor are a closed county municipal solid waste
landfill, the future industrial park, Commerce Station, county owned land and land also
owned by the applicant. The anticipated development options are limited to this use and
are thus compatible.
Staff Response:
Holbrooks Road is the only road accessing the site, which is a residential road not
designed for truck traffic. In 2009, the Town Board approved a Special Use Permit. As
part of the Special Use Permit, the applicant agreed to move the main entrance and
access (within one year) to a commercial street or to Asbury Chapel Road Extension.
The Town is in discussion with the applicant to connect the site to future Verhoeff
Drive, which is recommended by town staff. The subject property is not located within
the boundaries of any of the Small Area Plans adopted by the Town of Huntersville.
However, the East Huntersville plan does mention and recommend a connector road in
between the proposed Verhoeff Drive extension to the south and the future Asbury
Chapel extension to the north. The north/south connector road could traverse the
subject property. Furthermore, the majority of areas along Holbrook Road to the north
and west of the landfill however are either park land or single family residential uses.
Unfortunately, there is no current access to the south through the business park, only
through Holbrooks Road and the residential neighborhoods. Thus, the continuing
commercial traffic and access is not compatible with the residential development to the
west of the landfill. If an alternative access off a thoroughfare can be provided no later

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
than 2034, the estimated life of the current landfill without obtaining any variances,
then this criteria could be satisfied.
(8) Relationship of the proposed use to the Mecklenburg County Floodplain Management
Guidance Document, Mecklenburg County Flood Hazard Mitigation Plans, the Mecklenburg
County Greenway Plan, and any other adopted land use plans for that area;
Applicant Response:
The proposed is consistent with the Mecklenburg County Floodplain Management
Guidance Documents, Mecklenburg County Flood Hazard Mitigation Plans, the
Mecklenburg County Greenway Plan and the local area plans. This site is specifically
not within the scope of the East Huntersville Small Area Plan.
Staff Response:
A greenway is planned along the stream that is proposed to be piped. Piping and filling
the creek would eliminate the feasibility of a greenway path as shown on the approved
greenway plan. However, Charlotte Water is currently in discussions to establish a
sewer line and related easement in the vicinity of the applicant's southern property line.
The sewer line would extend east and connect to Cane Creek, ultimately where the
proposed greenway would also connect. It may be possible to relocate the greenway
along the new sewer easement to the south and connect with the Cane Creek greenway
at a further south location. The Greenway, Bikeway, and Trail Committee met on
Tuesday, July 26, 2016 to discuss this potential relocation and recommends that the
Greenway and Bikeway Master Plan be amended as shown below, with the following
conditions:
1) The recommended change is subject to the Town approving a CD -Rezoning
and BOA approving required variances;
2) Mecklenburg County staff will coordinate the appropriate width for the new
greenway alignment easement.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(9) Safety of access to the property in times of a community base flood for ordinary and
emergency vehicles;
Applicant Response:
There are existing and established service roads that would allow access to the property
in a time of community base flood or emergency. Access will be available during a
community flood as a result of the flood area being piped and covered.
Staff Response:
The property has frontage on Holbrooks Road for safety access. Staff finds there is
sufficient safety access to the property in times of a community base flood.
(10) Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
during a community base flood expected at the site; and
Applicant Response:
The exact heights, velocity, duration and rate of rise and sediment transport at the site
are undermined at this point. The storm water management system will account for all
of this in order to be approved by the County. The County will also provide guidance as
to the levels to which the system is built. The pipes will eliminate contact between soil
and the water, eliminating risk of sediment transportation as it passes through the site.
The volume of the pipe will be able to accommodate the heights, velocity, duration and
rate of rise caused by a community base flood.
Staff Response:
The details will be determined at the Floodplain Development Permitting phase, which
will be required to be approved by Mecklenburg County prior to any development in the
floodplain. Staff finds that all details of the storm water management plan will be
evaluated by Local, State, and Federal agencies before the applicants are allowed to fill
in the floodplain.
(11) Costs of providing governmental services during and after flood events, including
maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and
water systems and streets and bridges.
Applicant Response:
The gas pipeline that runs through the property is not in the floodplain and therefore,
will not be impacted in any way as a result of this variance. There will be no additional
costs of providing governmental services as a result of this project.
Staff Reponses:
The effect of flooding will be reviewed at the time of County permitting. It is unknown
if a flood event will affect public utilities until more detail is given. Staff finds that all
details of the storm water management plan will be evaluated by Local, State, and
Federal agencies before the applicants are allowed to fill in the floodplain.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(B) A written report addressing each of the above factors shall be submitted with the application for
a variance.
Staff Response:
The applicants have submitted a written report addressing the factors for conditions and
determination of completeness.
(C) Upon consideration of the factors listed above and the purposes of this chapter, the Board of
Adjustment may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
Staff Response:
The Board of adjustments has the authority to attach conditions to all variance approvals.
(D) Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
Staff Response:
There are no Historic Structures on this site.
(E) Functionally dependent facilities if determined to meet the definition as stated in § 151.06,
provided provisions of § 151.75 have been satisfied, and such facilities are protected by methods that
minimize flood damages during the base flood and create no additional threats to public safety; or
Staff Response:
Not applicable
(F) Any other type of development, provided it meets the requirements of this section.
§ 151.45 CONDITIONS FOR VARIANCES.
(A) Variances shall not be issued when the variance will make the structure in violation of other
federal, state, or local laws, regulations, or ordinances.
Applicant Response:
The applicant will seek approval from NC Department of Environmental Quality Solid
Waste Division, the Army Corps of Engineers and will be required to receive a
floodplain development permit from Mecklenburg County.
Staff Response:
The applicant will be required to obtain Mecklenburg County, State, and Federal
permits to insure all law and regulations are met before being allowed to fill in the
floodplain. Staff finds that all details of the storm water management plan will be
evaluated by Local, State, and Federal agencies before the applicants are allowed to fill
in the floodplain.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(B) Variances shall not be issued within any designated floodway if the variance would result in
any increase in flood levels during the community and/or FEMA base flood discharge unless
the requirements of § 151.61(A)(6) are met.
Applicant Response:
Approval of this variance will not result in an increase in flood levels. As depicted in
Exhibit A the storm water management system that will be built to the County's
standards will have adequate capacity.
Staff Response:
A floodplain development permit will be required and will identify increase in flood
levels before the floodplain can be filled. Staff finds that all details of the storm water
management plan will be evaluated by Local, State, and Federal agencies before the
applicants are allowed to fill in the floodplain.
(C) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
Applicant Response:
Through multiple meetings with the Town of Huntersville and Mecklenburg County it
has been determined that the variance is the minimum necessary to afford relief.
Staff Response:
From a letter submitted by the applicant, dated August 1, 2016 (Exhibit 5) JOYCE
Engineering says, "the filling of the valley is intended to maximize waste disposal
within the limits of the property (parcel) without expanding the waste footprint toward
neighboring parcels. Please note that GWS (Greenway Waste Solution) has exhausted
all other areas available onsite, outside the floodplain area, to develop the landfill. The
development of the floodplain area is critical for the expansion in terms of gained
airspace and the environmental impact of the project"
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain
on the property and the applicant is proposing to impact +/- .87 acres of floodplain. The
map below identified new fill area that can be created if the SWIM Buffer variance is
granted and no landfill activity occurs in the floodplain. Therefore, staff finds there is
room outside of the floodplain to fill and this criteria is not satisfied.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(D) Variances shall only be issued prior to approval of a floodplain development permit.
Applicant Response:
A floodplain development permit has not been approved but will be required and
submitted before implementation of the plan.
Staff Response:
A Floodplain Development Permit will be required before the floodplain can be filled.
Staff recommends making this a condition of approval.
151.46 STANDARDS FOR GRANTING VARIANCE.
(A) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
Applicant Response:
The services offered by the proposed facility are very important to the community. The
continued ability to accept construction and demolition debris has been and will
continue to be a benefit to the community. The facility allow the community to continue
growing, as the debris generated by growth has to be processed somewhere. The close
the facility is the path of development the more economical development is, saving
money for the community and sustaining growth. Exhibit D is a map showing proximity
to other C&D landfills and Exhibit E shows the routes which would experience an
increase in truck traffic without the facility. The facility decrease the number of truck
miles traveled. If this facility were to shut down there would be an estimated 725,000
additional truck miles on community's roads each year. This is a result of the longer
trips trucks would have to take to fill the void left by this facility. An increase in truck

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
miles would also increase the amount of carbon -dioxide output in the community each
year.
Staff Response:
In a letter submitted by JOYCE Engineering, dated August 1, 2016 (Exhibit 5) a
showing of good and sufficient cause has been demonstrated; being that filling the
valley is intended to maximize waste disposal without expanding the waste footprint.
Therefore, staff finds this criteria to be met.
(2) A determination that failure to grant the variance would result in exceptional hardship; and
Applicant Response:
Failure to grant this variance would result in an exceptional hardship for the applicant
and the community this facility serves. The approval of two other variances is
contingent on the approval of this variance. Additionally, the approval of all three
eliminates that hardship, and disapproval would deny the applicant the ability to seek
approval from the State and Army Corps. The inability to fill within this area ultimately
prohibits the applicant form piping the remainder of the creek. A variance for this has
also been request.
Staff Response:
The use can operate until approximately 2034, and beyond that if the SWIM Buffer
variance is granted. At this time, the staff does not find there to be an exceptional
hardship.
(3) A determination that the granting of a variance will not result in increased flood heights
(unless the requirements of § 151.61(A)(6) are met), additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud on or victimization of the public, or conflict with other
existing local laws or ordinances.
Applicant Response:
The applicant will satisfy the criteria set by Mecklenburg County Storm Water when
engineering the storm water management system that this variance will allow.
Additionally, there are future application at the local state and federal level that will be
required before work can begin.
Staff Response:
The application will be required to obtain a floodplain development permit.
(B) The fact that the property could be utilized more profitably or conveniently with the variance
than without the variance shall not be considered as grounds for granting the variance.
Applicant Response:
Granting the requested variance is the most responsible course of action in relation to
the site environmentally and operationally for several reasons. The proposed storm
water management basin system and piping will act as a conduit for the stream as it
crosses through the property. The pipe will ensure that no water touches the landfill
debris. The basin system will help regulate the flow of the stream. Additionally, it will

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
prevent any sediment from the landfill from entering the stream. Further, the applicant,
upon receiving this and two other variances, is proposing to line and cap the facility.
This will add an additional layer to prevent water from touching the landfill debris.
Accomplishing this is best for the community and the environment. The applicant had
arrived at these conclusions though conversations with and guidance from professional
engineers and professional hydrologists (Exhibit 4).
Additionally in a letter, dated August 1, 2016 (Exhibit 5) from JOYCE Engineering
says "the landfill expansion will be designed to have a neutral and most likely beneficial
impact to the floodplain storage area; however this cannot be factually supported
without conducting an extensive modeling of the project site for pre and post
development conditions. We believe that this study is premature at this early stage due
to multiple State and Federal Agencies that will be involved in permitting this site in the
near future"
Staff Response:
Staff finds the property will be utilized more profitably with the variance. Further, staff
does not have any facts indicating the proposal will have a beneficial impact on the
environment if the variance is granted.
§ 151.47 MISCELLANEOUS CONDITIONS.
(A) In addition to consideration of the items in § 151.44(A), if dryland access cannot be obtained, a
variance to the requirement for dryland access may be granted by the Board of Adjustment upon
consideration of the following conditions:
(1) A determination that all possible alternatives have been investigated in an attempt to provide
the safest access from a proposed habitable building to a dry public street.
Applicant Response:
Not applicable.
Staff Response:
Not applicable.
(2) The existence of a site plan prepared by a licensed land surveyor or professional engineers
indicating that the proposed access to habitable buildings on the property poses the least risk
from flooding.
Applicant Response:
Not applicable.
Staff Response:
Not applicable.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
(B) In addition to consideration of the items in § 151.44(A), a variance may be issued by the Board
ofAdjustment for solid waste disposal facilities, hazardous waste management facilities, salvage
yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all
of the following criteria are met:
(1) The use serves a critical need in the community.
Applicant Response:
The services offered by the proposed facility are very important to the community. The
continued ability to accept construction and demolition debris has been and will
continue to be a benefit to the community. The facility allows for the community to
continue growing, as the debris generated by growth has to be processed somewhere.
The closer the facility is to the path of development the more economical development
is, saving money for the community and sustaining growth and Exhibit E shows the
increase in truck traffic without the facilityis a map showing proximity to other
locations. The facility decrease the number of truck miles traveled. If this facility were
to shut down there would be and estimate 725,000 additional truck miles on the
community's roads each year. This is a result of the longer trips trucks would have to
take to fill the void left by this facility. An increase in truck miles would also increase
the amount of carbon -dioxide output in the community each year.
Staff Response:
According to US Census data found in the Huntersville 2030 Community Plan "from a
population of just 3,014 in 1990, to a 2010 Census population figure of 46,773 residents,
the Town has seen an increase of 1,452% in just 20 years". As a result of this growth,
substantial Construction and Demolition debris is generated in Huntersville's jurisdiction.
Staff finds with a population growth there has been rapid growth in Huntersville's
jurisdiction. As a result of this growth, substantial Construction and Demolition debris is
generated in Huntersville's jurisdiction and the facility provides and important service to
the community.
(2) No feasible location exists for the use outside the Special Flood Hazard Areas.
Applicant Response:
There are no other areas on this site, outside of the flood area, to develop. Please refer to
Exhibit A to see existing landfill areas and property lines. The applicant has exhausted
all other areas on site to operate. The applicant is seeking two other variances in order
to fill within the remained of the stream area. It is in the best interest of the community
to keep the existing facilities operating as long as possible in the current space.
Staff Response:
From a letter submitted by the applicant, dated August 1, 2016 (Exhibit 5) JOYCE
Engineering says, "the filling of the valley is intended to maximize waste disposal
within the limits of the property (parcel) without expanding the waste footprint toward
neighboring parcels. Please note that GWS (Greenway Waste Solution) has exhausted
all other areas available onsite, outside the floodplain area, to develop the landfill. The
development of the floodplain area is critical for the expansion in terms of gained
airspace and the environmental impact of the project"

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain
on the property and the applicant is proposing to impact +/- .87 acres of floodplain. The
map below identified new fill area that can be created if the SWIM Buffer variance is
granted and no landfill activity occurs in the floodplain. Therefore, staff finds there is
room outside of the floodplain to fill and this criteria is not satisfied.
(3) The reference level of any structure is elevated above the community base flood elevation or is
designed and sealed by a professional engineer or a registered architect to be watertight with
walls substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Applicant Response:
There are no structures proposed in the community base flood elevation.
Staff Response:
There are not structures proposed in the floodplain.
(4) There will be no storage of materials or tanks which could flood within the Special Flood
Hazard Area unless they are contained in a structure as defined in division (B)(3) above.
Applicant Response:
There will be no storage of material or tanks in this area.

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
Staff Response:
There will be no storage of material in the Special Flood Hazard Area.
(5) The use complies with all other applicable laws and regulations.
Applicant Response:
The use is in compliance with all town, county, state and federal laws and regulations.
Staff Response:
The applicant will be required to obtain Mecklenburg County, State, and Federal
permits to insure all law and regulations are met before being allowed to fill in the
floodplain.
(6) The town has notified the Secretary of the North Carolina Department of Crime Control and
Public Safety of its intention to grant a variance at least 30 calendar days prior to granting
the variance.
Staff Response:
If variance is approved the Town will notify the Secretary of the North Carolina
Department of Crime Control and Public Safety of its intention to grant a variance prior
to variance order being finalized. Staff has already notified the Department of Crime
Control and Public Safety of the variance request submittal.
STAFF RECOMMENDATIONS
The applicant is requesting a variance from Floodplain Ordinance Section 151.60(A)(10) in order to be allowed to have a
Construction and Demolition (C&D) landfill in a Special Flood Hazard Area. Based on the summary of findings, staff
concludes this request does not meet all the Ordinance requirements for granting a variance. Therefore, does not support
granting a variance for this case.
Staff finds the following criteria are not being satisfied:
Section 151.44 Factors For Conditions and Determination of Completeness
o (6) Availability of alternative locations, not subject to flooding or erosion damage during a
community base flood, for the proposed use
Staff Findings:
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain on
the property and the applicant is proposing to impact +/- .87 acres of floodplain. Therefore,
staff finds there is room outside of the floodplain to fill and this criteria is not satisfied.
Section 151.45 Conditions for Variances
o (C) Variances shall only be issues upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief
Staff Findings:
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain on
the property and the applicant is proposing to impact +/- .87 acres of floodplain. Therefore,
staff finds there is room outside of the floodplain to fill and this criteria is not satisfied.
• Section 151.46 Standards for Granting a Variance
o (A)(2) A determination that failure to grant the variance would result in exceptional hardship
Staff Findings:

Board of Adjustment
Floodplain Variance Public Hearing Staff Report
August 09, 2016
The use can operate until approximately 2034, and beyond that if the SWIM Buffer
variance is granted.
o (B)The fact that the property could be utilized more profitably or conveniently with the variance
than without the variance shall not be considered as grounds for granting the variance
Staff findings:
Staff finds the property will be utilized more profitably with the variance.
• Section 151.47 Miscellaneous Conditions
o (B)(1) No feasible location exist for the use outside the Special Flood Hazard Area
Staff Findings:
Staff finds that of the total site area, 135.18 acres, there are +/- 2.70 acres of floodplain on
the property and the applicant is proposing to impact +/- .87 acres of floodplain. Therefore,
staff finds there is room outside of the floodplain to fill and this criteria is not satisfied.
Exhibit 1— Variance application
Exhibit 2 — Variance Case Flow Chart
Exhibit 3 — Floodplain Ordinance
Exhibit 4 — Applicants response to Section 151.46 (B)
Exhibit 5 — JOYCE Engineering Letter, dated August 1, 2016
Exhibit 6 — JOYCE Engineering Letter, dated August 31, 2016

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Fee: $150 (Residential)
$300 (Commercial)
Property Owner Information
Name:
Address:
Email
Phone No.
Location of Property/Building
Address:
Tax Parcel ID (PIN) Number(s):
Text of Ordinance to be varied
Ordinance:
Submittal Requirements
Article:
Variance Application
Date:
Applicant Information (if different)
Name:
Address:
Email:
Phone No.
Parcel Size:
Section:
The following must be submitted with the completed application (signed and dated by the property owner and/or
applicant):
• One (1) hard copy and one (1) electronic copy of any applicable map(s), site plans, exhibits, and applications
showing exact location of property with respect to existing streets, adjoining lots and other important features on
or contiguous to the property. Also, include any maps and/or illustrations (to scale), which are necessary to show
the location, number and size of buildings, signs, etc., on the property.
• A list of names, addresses and tax parcel identification numbers of properties that abut the site, are across the
street from the site or are otherwise within one hundred feet (100') of the site. (Electronic format is preferred)
Page 1 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

(10) Coustnrction of new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted except by variance. in Special Flood Hazard Area. A structure or tank for chemical or file] storage incidental
to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard
Area only if the structure or tank is either elevated above the couualrnlity base flood elevation or designed to be watertight with walls
substantially impermeable to the passage of water and with structural. components capable of resisting hydrostatic and hydrodyaarnic loads
and the effects of buoyancy:

The applicant is seeking this variance in order to fill within a floodplain. Additionally, the
applicant is seeking other variances in order to pipe the water feature that is running
through the site. Upon approval by the Town of Huntersville, North Carolina
Department of Environmental Quality Solid Waste Division, Army Corps of Engineers
and receiving a floodplain development permit from the County the applicant will install
a permanent storm water management system. This system is depicted in Exhibit A.
151.44 Factors for consideration and determination of completeness
A. In passing upon variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
chapter, and the:
1) Danger that materials allowed to be placed in the floodway as a result of the
variance may be swept onto other lands to the injury of others during a
community base flood;
a) The pipe that will be installed will prevent any material from being
placed within the floodway. The floodway area that the pipe will
replace will house the same volume of water that would have
occupied the floodway in the event of a flood. This is eliminating the
ability of water to touch material and thus eliminating the ability for
the material to be swept onto other lands to the injury of others
during a community base flood. Additionally, permanent storm
water basins will be placed on either end of the pipe. This will
prevent an increase, as a result of the fill, in water velocity
downstream. Exhibit A depicts the storm water management system
and details the criteria by which it was designed. Charlotte -
Mecklenburg Storm Water Services supplied this criterion. Exhibit
B shows a cross section example of another pipe the applicant has
installed at this location on another section of the property. The
redundant pipes encased in concrete ensure that water travels safely
through the site and only makes contact with the pipe. Exhibit C is a
screenshot of a video taken from a recent pipe inspection at the
landfill. Inspections are done routinely to document the integrity of
the pipe and ensure there is no blockage. Similar inspections will
take place for the proposed pipe.
2) Danger to life and property due to flooding or erosion damage from a
community base flood;
a) The piping of the floodway will not allow erosion as water will be
encased in the pipe. The storm water management system proposed
will have the necessary capacity to safely handle water in a
community base flood scenario. The proposed pipe and storm water
basin system will prevent this change to the existing stream from
having an adverse impact up and down stream as a result of its
capacity to properly handle storm water. Further detail can be seen in
Exhibit A as to how the storm water system will adequately handle a

community base flood.
3) Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage during the community base flood;
a) The proposed facility will be able to adequately handle a community
base flood. The redundant concrete encased pipes will be engineered,
to the standards of NC Department of Environmental Quality and
Army Corps of Engineers, to withstand a community base flood.
Further, the pipes and storm water system will decrease the potential
for damage up and down stream as a result of its ability to process
the storm water. Further detail can be seen in Exhibit A as to how the
storm water system will adequately handle a community base flood.
4) Importance of the services provided by the proposed facility to the
community;
a) The services offered by the proposed facility are very important to
the community. The continued ability to accept construction and
demolition debris has been and will continue to be a benefit to the
community. The facility allows for the community to continue
growing, as the debris generated by growth has to be processed
somewhere. The closer the facility is to the path of development the
more economical development is, saving money for the community
and sustaining growth. Exhibit D is a map showing proximity to
other C&D locations and Exhibit E shows the routes which would
experience an increase in truck traffic without the facility. The
facility decreases the number of truck miles traveled. If this facility
were to shut down there would be an estimated 725,000 additional
truck miles on the community's roads each year. This is a result of
the longer trips trucks would have to take to fill the void left by this
facility. An increase in truck miles would also increase the amount
of carbon -dioxide output in the community each year.
5) Necessity to the facility of a waterfront location, where applicable;
a) Not applicable.
6) Availability of alternative locations, not subject to flooding or erosion damage
during a community base flood, for the proposed use;
a) There are no other areas on this site, outside of the flood area, to
develop. Please refer to Exhibit A to see existing landfill areas and
property lines. The applicant has exhausted all other areas on site to
operate. The applicant is seeking two other variances in order
complete this project. It is in the best interest of the community to
keep the existing facilities operating as long as possible in its current
location.
7) Compatibility of the proposed use with existing and anticipated development;
a) This proposed use is compatible with the existing use as the site is

already being used for this purpose. Additionally, our neighbors are
a closed county municipal solid waste landfill, the future industrial
park, Commerce Station, county owned land and land also owned by
the applicant. The anticipated development options are limited to this
use and are thus compatible.
8) Relationship of the proposed use to the Mecklenburg County Floodplain
Management Guidance Document, Mecklenburg County Flood Hazard
Mitigation Plans, the Mecklenburg County Greenway Plan, and any other
adopted land use plans for that area;
a) The proposed is consistent with the Mecklenburg County Floodplain
Management Guidance Documents, Mecklenburg County Flood
Hazard Mitigation Plans, the Mecklenburg County Greenway Plan
and the local area plans. This site is specifically not within the scope
of the East Huntersville Small Area plan.
9) Safety of access to the property in times of a community base flood for
ordinary and emergency vehicles;
a) There are existing and established service roads that would allow
access to the property in a time of community base flood or
emergency. Access will be available during a community flood as a
result of the flood area being piped and covered.
10) Expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters during a community base flood expected at the site; and
a) The exact heights, velocity, duration and rate of rise and sediment
transport at the site are undetermined at this point. The storm water
management system will account for all of this in order to be
approved by the County. The County will also provide guidance as
to the levels to which the system is built. The pipes will eliminate
contact between soil and the water, eliminating risk of sediment
transportation as it passes through the site. The volume of the pipe
will be able to accommodate the heights, velocity, duration and rate
of rise caused by a community base flood.
11) Costs of providing governmental services during and after flood events,
including maintenance and repair of public utilities and facilities, such as
sewer, gas, electrical and water systems and streets and bridges.
a) The gas pipeline that runs through the property is not in the
floodplain and therefore, will not be impacted in any way as a result
of this variance.
b) There will be no additional costs of providing governmental services
as a result of this project.
151.45 Conditions for variances.
A. Variances shall not be issued when the variance will make the structure in violation of

other federal, state, or local laws, regulations, or ordinances.
a. The applicant will seek approval from NC Department of Environmental
Quality Solid Waste Division, the Army Corps of Engineers and will be
required to receive a floodplain development permit from Mecklenburg
County.
B. Variances shall not be issued within any designated floodway if the variance would
result in any increase in flood levels during the community and/or FEMA base flood
discharge unless the requirements of § 151.61(A)(6) are met.
a. Approval of this variance will not result in an increase in flood levels. As
depicted in Exhibit A the storm water management system that will be built to
the County's standards will have adequate capacity.
C. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
a. Through multiple meetings with the Town of Huntersville and Mecklenburg
County it has been determined that the variance is the minimum necessary to
afford relief.
D. Variances shall only be issued prior to approval of a floodplain development permit.
a. A floodplain development permit has not been approved but will be required
and submitted before implementation of the plan.
151.46 Standards for granting variance.
A. Variances shall only be issued upon:
1) A showing of good and sufficient cause;
i. The services offered by the proposed facility are very important to the
community. The continued ability to accept construction and
demolition debris has been and will continue to be a benefit to the
community. The facility allows the community to continue growing,
as the debris generated by growth has to be processed somewhere. The
closer the facility is to the path of development the more economical
development is, saving money for the community and sustaining
growth. Exhibit D is a map showing proximity to other C&D landfills
and Exhibit E shows the routes which would experience an increase in
truck traffic without the facility. The facility decreases the number of
truck miles traveled. If this facility were to shut down there would be
an estimated 725,000 additional truck miles on the community's roads
each year. This is a result of the longer trips trucks would have to take
to fill the void left by this facility. An increase in truck miles would
also increase the amount of carbon -dioxide output in the community
each year.
2) A determination that failure to grant the variance would result in exceptional
hardship; and

Failure to grant this variance would result in an exceptional hardship
for the applicant and the community this facility serves. The approval
of two other variances is contingent on the approval of this variance.
Additionally, the approval of all three eliminates the hardship, and
disapproval would deny the applicant the ability to seek approval from
the State and Army Corps. The inability to fill within this area
ultimately prohibits the applicant from piping the remainder of the
creek. A variance for this has also been requested.
3) A determination that the granting of a variance will not result in increased
flood heights (unless the requirements of § 151.61(A)(6) are met), additional
threats to public safety, extraordinary public expense, create nuisance, cause
fraud on or victimization of the public, or conflict with other existing local
laws or ordinances.
i. The applicant will satisfy the criteria set by Mecklenburg County
Storm Water when engineering the storm water management system
that this variance is will allow. Additionally, there are further
applications at a local, state and federal level that will be required
before work can begin.
B. The fact that the property could be utilized more profitably or conveniently with the
variance than without the variance shall not be considered as grounds for granting the
variance.
151.47 Miscellaneous conditions.
A. In addition to consideration of the items in § 151.44(A), if dryland access cannot be
obtained, a variance to the requirement for dryland access may be granted by the
Board of Adjustment upon consideration of the following conditions:
1) A determination that all possible alternatives have been investigated in an
attempt to provide the safest access from a proposed habitable building to a
dry public street.
i. Not applicable.
2) The existence of a site plan prepared by a licensed land surveyor or
professional engineers indicating that the proposed access to habitable
buildings on the property poses the least risk from flooding.
i. Not applicable.
B. In addition to consideration of the items in § 151.44(A), a variance may be issued by
the Board of Adjustment for solid waste disposal facilities, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located
in Special Flood Hazard Areas provided that all of the following criteria are met:
1) The use serves a critical need in the community.
i. The services offered by the proposed facility are very important to the
community. The continued ability to accept construction and

demolition debris has been and will continue to be a benefit to the
community. The facility allows for the community to continue
growing, as the debris generated by growth has to be processed
somewhere. The closer the facility is to the path of development the
more economical development is, saving money for the community
and sustaining growth and Exhibit E shows the increase in truck traffic
without the facilityis a map showing proximity to other locations. The
facility decreases the number of truck miles traveled. If this facility
were to shut down there would be an estimated 725,000 additional
truck miles on the community's roads each year. This is a result of the
longer trips trucks would have to take to fill the void left by this
facility. An increase in truck miles would also increase the amount of
carbon -dioxide output in the community each year.
2) No feasible location exists for the use outside the Special Flood Hazard Areas.
i. There are no other areas on this site, outside of the flood area, to
develop. Please refer to Exhibit A to see existing landfill areas and
property lines. The applicant has exhausted all other areas on site to
operate. The applicant is seeking two other variances in order to fill
within the remainder of the stream area. It is in the best interest of the
community to keep the existing facilities operating as long as possible
in its current space.
3) The reference level of any structure is elevated above the community base
flood elevation or is designed and sealed by a professional engineer or a
registered architect to be watertight with walls substantially impermeable to
the passage of water and with structural components capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
i. There are no structures proposed in the community based flood
elevation.
4) There will be no storage of materials or tanks which could flood within the
Special Flood Hazard Area unless they are contained in a structure as defined
in division (13)(3) above.
i. There will be no storage of materials or tanks in this area.
5) The use complies with all other applicable laws and regulations.
i. The use is in compliance with all town, county, state and federal laws
and regulations.
6) The town has notified the Secretary of the North Carolina Department of
Crime Control and Public Safety of its intention to grant a variance at least 30
calendar days prior to granting the variance.

�\
30' UNDISTURBED BUFFER
PIPE DESIGN PER MEMORANDUM FROM MECKLENBURG COUNTY APPROX. 32,000 SF I `
DATED J U N E 16, 2016: APPROX. 530 LF
1. THE LOCATION OF THE PIPE IS SUBJECT TO CHANGE.
2. THE DESIGN STORM EVENT IS THE 100-YEAR UNDER FULLY DEVELOPED y� 11 \ \\\I\ //\/ /j\ ) o I /
LAND USE CONDITIONS.
3. INCLUDE 12 INCHES OF FREEBOARD FOR CULVERTS UP TO 3 FEET IN DIAMETER
4. INCLUDE 18 INCHES OF FREEBOARD FOR CULVERTS.GREATER THAN 3 FEET IN
DIAMETER.
5. HW/D < 1.2.
WETLAND FROM/
6. WHEN CONSTRUCTED, FLOOD WATERS SHALL NOT OVERTOP THE PIPE SYSTEM ♦ ` �� \ \\ / 2009 D�LINEAITION
AND CARRY DEBRIS OR SEDIMENT DOWNSTREAM. ♦ J 1 \\ \_a d 6&�) / �
� 0
-
"fir 'j` l \ \ \ \ 10 '�j /
7. A MINIMUM SLOPE WILL BE 0.5% OR THAT WHICH WILL PRODUCE A VELOCITY OF \� r \v / //� ^ / / / ) \ \ \ "\
2.5 FEET PER SECOND WHEN STORM DRAINAGE SYSTEM IS FULL, WHICHEVER IS ,L I / / / / / a y� \ \ \ \ "`\ �SB E
GREATER. ♦ r \ C J / 1 / / / / / I �b ( C& \ \ \ \\ \ \ \ �, �> �- - -
381.20
8. JUNCTION BOXES TO BE INSTALLED IN PIPE AT DIRECTION CHANGES. STRUCTURE 009 "1 �� CIE\ \ \ \ \ \ \ �\ �\
BOX FOR JUNCTIONS TO BE SEALED BY A PROFESSIONAL ENGINEER. O� \\� ` / `/� �7
9. BACK -FILL AROUND THE PIPE UP TO THE REQUIRED FREEBOARD SHALL BE GOOD / ' L ` / I I / I ^1 / I I I C \ \\ \ \ \ \ / / Jp.\0O
STRUCTURAL FILL.
10. PIPE STRUCTURAL CAPABILITIES SHALL BE ABLE TO HANDLE FULL HEIGHT OF SOIL /I)\\ \ \ \ �! _.Z
SURCHARGE. )1 J \ �� / / 00 / / // l I I I I ( it \ \\ \ \ \ \ I \ ♦ PROPOSED STORMWATER
MANAGEMENT AREA
12. EROSION AND SEDIMENT CONTROL PROCEDURES FOR THE SITE WILL BE
IMPLEMENTED TO MEET DEQ REQUIREMENTS.
13. APPLICABLE 401/404/NPDES PERMITS AND FLOODPLAIN DEVELOPMENT / ✓�\ / \ \ ' / / / / / / / \ \ \ l \ \\ \I \ \\ 1 II 1 / `
PERMIT WILL BE OBTAINED AS REQUIRED PRIOR TO CONSTRUCTION.
? /
P/R�POSEb SP L�LW Y
� 9
APPROXIMATE P OSE-D- - _ _ - VG-YkFLOODPLAIN BOU`NDA'AlRxr/ /
/ / / / ��'� `\ \ `\ \ \ \ � \ NEW LIMITS OF WASTE - (FROM �CdUNTY 61S)
cb
EXSTIkQ LANDFILL A /' / � ,, / / ; / / / ❑ ❑ ❑ ❑
/ 50 BUFFER_ - / / /
\ \ \ \, Q \ / 1 / / / (TOB&TAKEN) - / ❑ ❑ ❑
\ \ ` , �'O\ \ \ ( ) APPROX. 100,000-SF _ � � - - � i /
`� �\ � O\ �\ \ `\ \\ / /' /-CPPRO�(. f,00� j - - _ 680- f / ❑/
\ �n /
C/❑ ❑ ❑/ \ \
-
- / , -
/ �\ WETL D FROM 2009 D INEATFE7N J � / / El ❑ ❑ ❑ / -68a ,
PROFOSEbPIPE/CULVERT
EX INGCULVERT/ \ / �� /1 -�
11\ \ RO _OSED STORMWATER - -7 -' / �' /' / ❑ ❑� /' / / / J T \
6072,� 0 \ \ \ � _ , J MANAGEMENT AREA- � � ` - - -APPROXIMATE�AINAGE WA�(
08 - - / El A-0-
El El El
EXIyST r-, CULY"T
'50 UNDISTURBED BUFFER
14,000 SF
130 LF
\APP
ROXIMATE LOCATION
FOR THE PROPERTY LINE
FOR NEW PARCELS
UO \ �� r . - - PR POSED INLET - �2g ❑ ❑'❑ ❑ E, El ❑ ❑J ` t` / / / / �,�g _PROPOSE STOF�MW/TER
SITE LEGEND ` \ CTIOM ANDf / / / . / \ / / / - - / / MANAGEMENT AREA I
❑ ❑ ❑ ❑ PROPOSED PC/SWIM ❑ ❑ ❑/� ❑ \� ��-/� Q� Q� C�ff NEW PARCEL
BUFFER IMPACT r
I
�� ^ Ci, \ v / PROPOSED PIPE / CULV� RT / / / / /
PROPOSED PC /SWIM / ❑ ❑ ❑ C�g� �, ❑ ,�� / / / / / � / / / � �'(-b')
BUFFER PRESERVATION l2S' ❑ ❑
.9 ``�----690'/ -- �I-��/ �p� / / / // / j / �� \\ I \ � I J J NEW PARCEL
N�1.00AC.
PROPOSED STORMWATER 35 UNDISTURBED BUFFER ♦ `\(/ \ �❑ ( _ \ - - - �7- - � - - - /
MANAGEMENT AREA APPROX. 16,500 SF \�� �] ❑ -7�0 ^ _ - - /
APPROX. 186LF \ \ El El--- - ^\---�
\ I I --� --'--- / AND35BU FIE
30 BUFFER ❑ ❑ \ l - - -740- (Tci A
WETLAND TO BE TAKEN ♦ \ 1 \ \ I � \ AP P X,115,000 CU AT SF �'
15,500 SF INDIVIDUAL ♦ El\\ \ \ \ �� - - - - - r -- - \ `\ ROX�1;6 MU IVE LF/�
233LF \ \ \ \ \ �\ 1 r`-760---� 1 I \ -- �a� �/ /� / / / / / I I I ( I ICq
FLOODPLAIN EX'fSTrN� LANDFILL AREA
I
♦ 5� \ APPRC5X1 E E{3- �����°
♦ _ \ \ \ I I I I \ - - \ NEW LIMIT WASTE.- - - - /1A11
_ E PAR(
- - - - - STREAM CENTERLINE \\ I I I 1 - - - -TREE PRESERVATION / ' / / I I �✓ / In r,
_ r I
\ I \ _� - BUFFER LIMITS �1�
- - PROPERTY LINE 30 UNDISTRUBED BUFFER
APPROX. 5,800SF ♦ I \ \- - - - - - - - 0--------
APPROX. 120 LF � � I \ � �/ / / / / 'A*/
�90-------------� �� / 100mriIST�J BUFFER �
X. 77,500 SF
References: APPROXIMATE PROPERTY LINE ♦ \ `�� \ \ _ / / // /j / / / / / / / / / / / APPROX. 750 LF
1. Preliminary plat for parcel provided by Patterson Land Surveying, PA on April 15, 2016. ♦ \ �0- - - - - - - - - - - -
(FROM COUNTY GIS)
2. FEMA 100-year floodplain and SWIM/Post Construction buffers were obtained from Mecklenburg County GIS April 2016.
3. Existing Site topography shown provided by Patterson Land Surveying, PA on April 15, 2016.
4. Stream buffer boundary based on approximate stream centerline provided by Patterson Land Surveying, PA on April 15, 2016. No stream top of bank survey has been performed. \ \ L&
5. Tree survey information was provided to Joyce Engineering, Inc. by Griffin Brothers Companies on May 12, 2016. ♦ �s `
6. Vicinity map was adopted from CEC Special Use Permit Drawing to the town of Huntersville. tiQ ♦
Notes:
1. Property address is 15300 Holbrooks Road, Huntersville, NC 28078. �`90 \ '�9\ \ \ \ I / / / / / / / / / 25' S,ANttARY
2. Areas, Lengths and calculations of stream buffer impacts and corresponding mitigation areas areapproximate and have not been field verified. `�' \ \ \ // / / � / / / / SEW ROEASEMENT
3. Proposed waste area and associated stormwater management areas are conceptual. \ \ \ / / / / / / / i DW5 BOOK 24121
♦ \ \ \ \ \ \\ \\ \ �� / \ �829 / / / / / / / / / /' / / / / / / / /.0i PAGE 355
m
J
C)
o
C
Qi w
w W >
Z Y O
°
m .�
CZ`�
U) W 0-
Q
Lu _ 0-
D D U a
a
0
o
>
Zm
r'- M
N
J
WNp
Z00N
00
r-
�
N �
O
U
` W
Z Z 0
W
WZ)p
J
H�
CL
Of
Z
\
0WZ
O
U
Z
`
U a-
M
W
J
J Q
z
UJ
W0
�U
O�
z�
Q0
vJ z
z>
O1.--
JD
OU
U)
W C�
Q
z
LLI
Q
�U
W W
W
J
Q z
aw0
ofUQ
wQU
Q�O
3W
Q 0-
0� Ln E-L
000
LL_ [)� Lu
zw0
O�
LL
�Z)p
Um �
J �
0-
Q
PROJECT NO.
916.1501.11
SCALE
' AS SHOWN
GRA HIC SCALE DRAWING NO.
0 50 100 200
1
(FEE
0
ca
J
!1,
0
J
0)
3
0
N
W
z
Z)

Inspection
Proaect Name N. MECK LANDFILL
Date 10/20/2015 09:02
Direction DOWNSTREAM
Pipe Type HDPE
Pipe Size 36"
-' Pipe I D. NORTH PIPE '
Start ID INLET
art Location
End ID OVTL '
Comb I eted'-

Exhibit D
wool le Uuam'
Lake Norman
of Cate TO hd
Mooresville Faith
Maiden
China Grove
Landis ShMill gs Rockwell
pulnpkrn
21 Fr�villa
niels Ceiri
li: r t
Mt Mitchell
Bage■ City
C� rnel u: K a'l polls
Lmcalritan
Llthio
Machpels
--' fJ:-11
Springs,
IN
rt
High Shoals
Hun
ncord MI Pleasant
E7
SIB I.'r ain
❑n
Dallas
Mountain
Georgevllle Lamher
Nit H ly J-dz e SIdifS•:i ie
Bessemer
City W
Rama
I1
Gastonia
_. ..--,.•;.,
-Lori-Mc/ltlenv lle
..
%,i_ndr. ir.^ LDcust RedC-
Cramertan Belmont
ills
�.Y Blg L
South
yr
2
StanhNa
rintte Midland Oa
Gastonia
IAarlwoad
f4Wrlers
Acre Clear Creek
ountain Cronelers
Point
Brlet
� Mrnl Hill
ate Park
lain - - Bowling
74
k Green
In. vitl�-cs Fairview
YV90d5 New Salem
Clever
Lak Wyka 29
Matthews emuy
Idge l
la Wyk Pineville Stallings Uniorntile
Fares: La.z
aka Park Watson
Indian Trail
:10 Ram Forest
74
5 167
r
Tega Cay
Weddington Br
armllcl
is r Hook Fart Mill
Weser
Chapel
c
Glee Farm
York
Newport
Monroe 74 Wingate MarsFrville
W Red River
uston
Meader
Merl Leah
Delphis
Lakes Meaica
Miner I
Red Oaks R9 Hill
Waktlaw Sp gs
322
Belle Men
Nanoack Roughedge Stur
Cro-
Leslie
�� Anon
LJ
Mc Gonnells
3?2
peas Mill Cluhsme
Esialei
IRS A
Trinity

Exhibit E
p Rd 78, Ford
Lake
of L
78 730
i.
de�� Webbs
ro
� 7s
e Westpor
R�
73 1
Ichperah
rc
e Allison Ferry
D
Airpark 175
Rrx;lswell Part,
-12r'l phill ry�+�h[5
500
Me
perrtal
Mt Holly Sadyeco
Statesville
Catawba
r• Fa•N Chem
Heights
Alaooe
masLc•a:'
Junction
MrAdenville
e �410
16
merton Belmont 74
21
Rr.�
Charlotte
74
Parodr5e
r,� �nsr
tom+r
Paint
a
hark grits
IlRe
752 1S2
China Grave
H 158 601
state Rs° Land s
Enochvllle
L_We Sf
Mt Mrcl
Kannapolis
ui1
Cooks
Grassm��g
73 CD
" tail -Mar
y Park
71
Concord
C
6U7
�s
Pioneer
M,Its
24 27
Hickory e
Grove Nhemave¢
Wilgmve
� at Air Park
W Clear Greek
Marhvaod
Idiewifd Acre
Mint Hill

Variance:
SWIM Buffer Minumum Buffer Widths
(Article 8.25.5)
SWIM Buffer Mitigation Plan: Approved by County
Greenway Waste Solution Request: Rezoning and
Special Use Permit
Variance:
1. No Fill in Wetland or FEMA and/or Community
Special Flood Hazard Areas
2. 50-Buffer from delineated Stream
(Article 9.23.c)
Variance:
Construction of new solid waste disposal facility,
hazardous waste management facility, salvage yards,
and chemical storage facilities shall not be permitted
expect by variance, in Special Flood Hazard Areas
(Code of Ordinance 151.60.A.10)
Recommended Conditions of Variance:
Prevent upstream Flooding - plan for 100 year floc
2. All Floodplain Development Permits will be
obtained from Mecklenburg County (this will cover
any required no rise studies).

CHAPTER 151: FLOOD DANIAGE PREVENTION Page 1 of 25
Pent
Huntersvitic. N-C Code of Ordinances
CHAPTER 151: FLOOD DAMAGE PREVENTION
Sedation
General Prori. inns
15 1.0 1 Short title
151.02 Statutory authorintion
151.03 Findings of fact
151.04 Statement of purpose
151.05 Objectives
15I.06 Definitions
151 A7 Lands to which this chapter applies
151.08 Bosis for eslablishing the speLial flood hazard areas
131.09 Floodplain development permit required
151.10 Compliance
151.11 Abrogation and greater restrictions
131.12 Interpretation
151.13 Warning and disclaimer of liability
Adnsirdstration and Enforciensent
151.25 lkniignation of Floodplain Administrator
131.26 Floodplain development permits and certification requirements
151.27 Duties and responsibilities of the Floodplain Administrator
131.29 Corrective procedures
Appeals and Variances
151.40 Authority o1 Board of Adjustment
151.41 Initiation and filing of appeal
151.42 Standards and hearing procedure
151.43 Initiation and filing of'variance petition
131.44 Factors for consideration and determination of completeness
151.45 Condititms for variances
131.46 Standards for granting variance
151.47 Miscellaneous conditions
151.48 Notification and recordlcceping
151,49 Appeal from Board of'Adjustmcnt
Provixinnti Jnr F7nvd Hazard Reduction
151.60 Gencral standards
131.61 Spccific standards
htfn•l,rlihrnry nmleanl rnminlnrrr-intrinrt-rnntent n%znv 7' .,7016

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 2 of 25
151.62 Levees
Legal Starers Pro--vsions
151.75 Legal status provisions
151,99 Penalty
Appendix A: FEMA floodplain cross-section
Appendix B: FLUM floodplain cross-section
GENERA, PROVISIONS
§ 151.01 SHORT TITLE.
The regulations set out in this chapter shall be kno►an and may he cited as the "I' loodplain Regulations of Huntersvillc,
North Carolina."
(Ord_ passed 3.2.09)
§ 151.02 STATUTORY AUTHORIZATION.
The legislature of the State of North Carolina has in GS.Ch. 143, Art. 21, Part G; Ch, 140A. Art. 19. Parts 3, 5, and 8; and
Ch. 160A. Art. 8. delegated to local governmental units the responsibility to adopt regulations designed to promote the public
health, safety, and general ►velfare.
(Ord. passed 3--2-09)
g 151.03 FINDINGS OF FACT.
(A) The flood hazard areas of the town and the town's land use jurisdiction arc subject to periodic inundation which results
in the loss of life, increased health and safety hazards, destruction of property, and disruption of commerce and governmental
services. Inundation from flood waters results in public expenditures for flood protection, flood disaster relief, and
impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(B) These flood losses are created by the cumulative cf w of obstructions in floodplains, causing increases in flood
heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods or hazards to other lands which
are inadoquately elevated, floodproofed or unprotected from flood damages.
(Ord. passed 3-2-09)
§ 151.04 STA,rEMENT OF PURPOSE.
It is the purpose ofthischapter to promote public health, safety and general welfare and to minimize public and private
losses due to flood conditions in specific arty by provisions designed to:
(A) Restrict or prohibit useswhich hich are: dangerous to health, safety and property due to ester or erosion hazards or which
result in damaging increases in erosion or in flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at
the time of initial construction;
(C) Control the alteration of natural ffoodplains, stream channels and natural protective barriers which are involved in the
accommodation of floor! ►vaters;
(D) Control filling, grading, dredging and other development which may increase erosion or flood damage; and
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood ►►'atcrs or which may increase
flood hazards to other lands.
(Ord. passed 3-2.09)
16trn•/1f;hranr no„v '714CY71114

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 3 of 25
g 151.05 OBJECTIVES.
(A) The regulations of the Special Flood Hazard Areas herein set forth are intended to protect areas of designated
floodplains subject to and necessary for regulating flood waters and to permit and encourage the retention of open -land uses
which will be so located and designed as to constitute a harmonious and approWiate part of the physical development of the
town as provided in the Comprehensive Plans as such arc adopted and amended from time to time.
(B) The specific intent in establishing Special Flood Hazard Areas includes the following:
(1) To control uses such as rill dumping, storage of materials, structures. buildings and any other works which, acting
alone or in combination with other existing or future uses, would cause damaging flood heights and velocities by obstructing
flows and reducing floodplain storage;
(2) To protect human life and health;
(3) To minimize the expendittue of public money for costly flood -control projeect$;
(A) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of
the general public;
(S) To pennit certain uses which can be appropriately located in flood hazard arcs and to assure such permitted uses will
not impede the flow of flood waters or otherwise cause danger to life and property at or above or below their locations along
the floodways;
(6) To minimize prolonged business interruptions;
(7) To protect existing drainage courses that carry abnormal flows of storm►►atcr in periods of heavy precipitations;
(9) To minimize dranage to public facilities and utilities, such as water and gas mains, eke rie, telephone and sewer lines
and streets and bridges located in floodplains;
(9) To meet the needs of the Streams to carry floodwaters and protect the crock channcis and flood pIains from
encromchmmt so that flood heights and flood damage will not be increased;
(10) To inform existing and potential property owners that property is in a Special Flood Hazard Area as ►►�cl l as the
associated flood risks and development restrictions;
(1 l) To minimize future flood losses by depicting community flood fringe areas on the flood insurance rate maps; and
(12) To help maintain a stable tax base by providing for the sound use and development of flood- prone arras.
(C) This chapter is intended to permit only that development within the flaodplain which is appropriate in light of the
probability of flood damage and presents a reasonable social and economic use of land in relation to the hazards involved. The
regulations hereinafter set forth in this chapter shall apply to all property located within the Special Flood Hazard Area as
sho►►n on the Flood Insurance Rate Maps (FIRM) including FEMA andlor locally approved revisions to data shown on the
F1RMs. It is the intent that these regulations combine with and coordinate with the zoning ordinance regulations for the
zoning district in which such property is located. Any use not permitted by the zoning regulations shall not be permitted in the
Special Flood Hazard Area, and any use permitted by the 74ning regulations shall be permitted in these districts only upon
meeting conditions and requirements as prescribed in this chapter.
(Ord. passed 3-2-09)
§ 151.06 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
ACCESSORYSTRUCTURE A structure which is located on the same parcel of property as the principal structure and the
use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban
ACCESSORYSTRUCTURES. Pole barns, hay sheds and the like qualify as ACCESSORYSTRUC?'URES on farms.
ADDITION (710 AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or
structure_
APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
BASEMENT. Any area of the building having its floor subgmde (below ground kvcl) on all sides.
BUILDING. Any structure built for support, shelter or enclosure for any occupancy or storage.
lmttn-//Iibrarv_amIcPal. conmlalnscrintslget-content.asnx 7/5/2416

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 4 of 25
CIIEMICAL STORAGE FACILI" A building, portion of a building,, or exterior arcs adjacent to a building used for the
storage of any chemical or chemically reactive products.
COMMUNITY BASE FLOOD The flood determined using Future land use conditions having a I%chance of being
equaled or exceeded in any given year.
COMMUNITYBASE FLOOD ELEVATION. The elevation shown on the Flood Insurance Rate Map Flood Hazard Data
'rabic. having a mchance of being equaled or exceeded, determined using future land use conditions.
COMM UNITY CONDITIONA L LETTER OF MA P REVISIONS (COCLOMR). A letter from the Floodplain
Administrator that provides conditional approval of a study that proposes to change the location of the community
encroachment lines, and/or the location of the community Flood fringe line, and/or community base flood elevations.
COMMUNITY ENCROACII.$IENT AREA. The channel of a stream or other watercourse and the adjacent land arras that
most be reserved in order to discharge the FEMA base flood without cumulatively increasing the water surface elevation more
than 0.1 foot (see attachments).
COMMUNITY ENCROACHMENT LINE& Lateral limits of the community encroachment area, within which. in the
direction of the stream or other body of water, no structure or fill may be added, unless specifically permitted by this chapter
(see attachments).
COMMUNITY FLOOD FRINGEAREA. The land area located between the Community Encroachment Line and the
Community Flood Fringe Line as defined herein. (see attachments).
COMMUNITY FLOOD FRINGE LINE The line that depicts the outer limits of the Community Flood Fringe Area (outer
limits of the Community Special Flood Hazard Area).
COMMUNITYLET"TER OF-41AP REVISION (CoLOMR). A letter from the Floodplain Administrator that provides final
approval of a study, based on as -built conditions, that changes the location of attc Community Encroachment Lines and/or the
Community Flood Fringe Lines.
COMMUNITYSPECIAL FLOOD HAZARD AREA. The land subsea to a ] % or greater chance of flooding in any given
year from a Community Base Flood. It includes the FEW Floodway. Cotnmtmity Encroachment Area, FEMA Flood Fringe
Area, and the Community Flood Fringe Area. (see attachments).
CONDITIONAL ,LETTER OF MAP REVISION (CLOMR). FEMA's comments on wfiether a project, if built as proposed,
would meet the minimum NF1P standards.
CRITICAL FACILITY. A building used to hawse a function that is vulnerable or essential to the community. Uses include
but arc not limited to: child and adult daycare facilities, nursing homes, schools, hospitals. Fire police and medic facilities and
other uses as deemed by the Floodplain Administrator.
DEVELOPMENT: Any manmadc change to improved and unimproved real estate, including. but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or storage of equipment or
materials.
DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, shilling, leaking, or placing
of any solid waste into or on any land or water so that the solid waste or any constituent part of the sol id ►►xste may enter the
environment or be emitted into the air or discharged into any waters. including ground+vaters.
DRYLAND ACCESS A gravel, paved or concrete access route, at least 12 feet vvidc, which is above the Community Base
Flood Elevation and connects an habitable building to a dry public street.
DRY PUBLICSTREET. A public street at the intersection oral proposed drive way where the surface of the pavement is at
an elevation above the Community Base Flood L' ievation.
ELEVATED BUILDING. A non -basement building built to have the 1ownst €loci elevated above the ground level by solid
foundation perimeter walls, pilings, columns (posts and piers), or shear walls.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development
into a floodplain, which may impede or alter the flow capacity of a floodptain. Building renovations contained within the
existing building footprint area are not considered an encroachment.
MSTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rant or sale for which the construction of facilities for
servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either
final site grading or the pouring of concrete pads and the construction of streets) ►vas completed before June 1, 1986.
FEMA. Federal Emergency Management Agency.
httn'Illihrary amlemil rn►ii/alnsrrinte/opt-rnnrr-nt nano 71;;,in t f,

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 5 of 25
FEl1A BASE FLOOD. The flood determined using land use conditions at the time of the study having a 1% chance of
being equaled or exceeded in a given year.
F&WA BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as
published in the Flood Insurance Study. It is the elevation that indicates the water surface elevation resulting from a FEMA
Base Flood that has a I% chance of equaling or exceeding that level in any given year based on existing land use.
FE41A FLOOD FRINGE AREA. The land area located between the FEMA flood►vay lines and the line depicting the
maximum elevation subject to inundation by the FEMA base !load as defined herein (see Appendix A for illustration).
FEAL4 FLOOD FRINGE LINE The line an a map that depicts the outer limits of the FEMA Flood Fringe Arcs.
FEd1A FLOODWAY. 'ncc channel of a river or other wateroourse and the adjacent land arras that must be r=rvod in order
to discharge the FEMA base flood. without cumulatively increasing the water surface elevation more than 0.5 foot. On the
Catawba River. and the portions of Six Mile Creek and Rocky River which rust along the county boundary line, the FEKA
FLOOD WAY means the channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to
discharge the FEMA Base Flood. without cumulatively increasing the water surface elevation more than 1.0 feet.
FF,,l1A FLOOD IVAY LINES The lateral limits of the FENIA floodway. (See Appendix A.)
FEMA SPECIAL FLOOD HAZARD AREA. The land subject to a one percent or greater chance of flooding in any given
year from a FFMA Base Flood. It includes the FEMA Floodway, Community Encroachment Area, and the FEMA Flood
Fringe Area. (see attachments)
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters; and
(2) The unusual and rapid accumulation of runoffof surface waters from any source.
FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE AfAP (FI&W). An ollicial map ofa community, in both digital and printed format, on which
the Federal Emergency Management Agency has delineated the Special Flood Hazard Area and the risk premium zones
applicable to the community. The date of the town's original FIRM is February 4, 2004 and this date should be used to
determine whether a structure is pre -FIRM or post -FIRM.
FLOOD INSURANCE STUDY An examination, evaluation. and determination of Special Flood Hazard Arras,
corresponding water surface elevations, flood insurance risk zones, and other flood data in a community. The study includes a
Flood Insurance Study report, and/or Flood Insurance Rate Map (FIRMs).
FLOODPLAIN. The land subject to inundation by the Community Base Flood and is encompassed by the Community
Special Flood Hazard Area.
FLOODPLAINADAlINISTRATOR (orADWINISTRATOR). The person, agent, or his or her de signecs, appointed to
administer, implement and cnfarcc the provisions of this chapter.
FLOODPLAIA'DEVELOPAtENT PER.$IIT. Either an individual fk*dplain development permit or a general fkWplain
development permit issued for development in the floodplain per the rcquimxnents of § 151.26.
FLOODPLAIN ,WAIVAGEAIENT. The operation of an overall program of corrective and preventive measures for reducing
flood damage and preserving and enhancing. where possible, natural resources in the floodplain, including, but not limited to,
emergency pucparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN46MIVAGEAlEN7REGULATIONS This chapter and other zoning ordinances, subdivision regulations,
building codes. health regulations, special purpose ordinances. and other applications of police power. This term describes
federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss
and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes. or adjustments to structures.
which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or
structures with their contents.
FLOOD PROTECTION ELEVATION. The elevation to which all structures located within the Community Special Flood
Hazard Area must be elevated (or floodproofed if non-residential), Within areas where Base Flood Elevations (BM- ) have
been determined. this elevation shall be the Community Base Flood Elevation plus one fast of freeboard. Along the Catawba
River, the Flood Protection elevation is the FEMA Base Flood Elevation plus tv►o feet of freeboard. In areas where no SFE
has been established, all structures and otherdevelopmem must be elevated for floodproofed if non-residential), to t►vo feet
above the highest adjacent grade.
httn-//I;hrnry amlPaal rnmtnlncrrintc/ai t-rnntent acnv 715/?()1Fi

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 6 of 25
FLOODWALL. A wall built along a shore or bank to protect an area from flooding.
FLOODWAY. The either the FEMA Floodway or the Community Encroachment Area.
FLOODZONE!". A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects
the severity or type of flooding in the area.
FLOOR. see LOWEST FLOOR.
FREEBOARD. The height added to the Community Base Flood Elevation (BFE) to account for the many unknown factors
that could contribute to flood heights greater that the height calculated for a selectcd size flood and floodHay conditions, such
as Have action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Community
Base Flood Elevation (BFE) plus the freeboard establishes the Flood Prow ion E lccadon.
FUNGI•IONALLYDEPENDENT FACILITY. A facility that cannot be used for its intended purposc, unless it is located or
carried out in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage.
manufactm, sales or service facilities.
GENERAL FLOODPLA►N DEVELOPMENT PERMIT. A permit issued for certain types of Domlopmcnt in the
FloWplain per § 151.26.
HABITABLE BUILDING. A structure designed primarily for, or used for human habitation. This includes, but is not
limited to, houses, condominiums, to►vnhomes. restauranm retail establishments, manufacturing buildings, commercial
buildings, office buildings, manufactured homes, and similar uses_ It does not include accessory structures. (see definition
above).
HAZARDOUS WASTE MANAGEMENT FACILITY. A facility for the collection. storage. Processing. treatment.
recycling, recovery, or disposal of hazardous waste as defined in G.S. Ch. 130A. Art. 9.
HIGHESI'ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the
proposW waflsorthe structure.
HISTORICSTRUC URE. Any structure that is:
(1) Listed individually in the National Register of historic Places (a listing maintained by the U.S. Department of
interior) or preliminarily determined by the Sccrctary of Interior as meeting the requirements for individual listing on the
National Register;
(2) Certifed or preliminarily determined by the Secretary• of Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government
(C1,G) Program; or
(4) Certified as contributing to the historical significance of a historic district designated by a community with a Certified
Local Government (CLG) Program. Certified Local Government (CLG) Programs arc approved by the US Department of the
Interior in cooperation with the north Carolina Department of Cultural Resources through the Slate Historic Preservation
Officer as having met the ro "Irements of the National Historic Preservation Act of 1966 as amended in 1980.
INDIVIDUAL FLOODPIAIN DEVELOPMENT PERMIT. A permit for development in the floodplain that involves
activities not listed in § 151.26(B)( f) and may not qualify for a General Floodplain Development Permit.
LETTER OFMAPREVISION (LOMR). An official amendment to the currently effective FT -MA FIRM based on as -built
conditions. It is issued by FEMA and may change FEMA Base Flood Elevations, the location of the FEMA Flood►ray Lines
andlor the location of the FEMA Flood Fringe line.
LETTER OFMAPAMENDMENT (LOMA). A letter from FEMA that officially removes a property or building from the
FEMA Special Flood Hazard Area (SFHA) that was inadvertently sha vn in the SFHA on the FIRM.
LETTER OF MAP REVISION BASED ON FILL (LOMR FJ. A letter from FEMA that officially removes a property
from the FEMA Special Flood Hazard Area (SFHA) as a result of placing fill on the property.
LEVEE. A manmade structure, usually an earthen embankment, floodwall or a combination of both that is designed and
constructed to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection systern which consists of levco(s) andlor floodwall(s) and associated structures, such
as closure and drainage devices_
}lrrrl'i; lihw.�r�r ;imlrr.al r�nn�I�tnrnri nfe�n wi_.+nn>l.anl �r+.r wc inn ac

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 7 of 25
LOif EST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk or patio stab immediately next to the
building, or deck support, after r completion of the building.
LOWEST FLOOR. The lo►■pest floor of the lowest enclosed area (including the basement). An unfinished or flood-mistant
enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not
considered a building's lowest floor. provided that such enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirements of this chapter.
MANUFACTURED HOME. A structure transportable in one or more sections. which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term does not
include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
MARKET VALUE, The value of a building excluding land value, that is detrrrninod by an appraiser certified in Korth
Carolina. The tax value of the building may be used for screening purposes.
MEAN SEA LEVEL. The average height of the sea for al I stages of the tide. It is used as a reference for establishing various
elevations within the ilaodplain. For purposes of this chapter, the term is synonymous with the North American Vertical
Datum of 1988 (NAVD 88).
NEW CONSTRUCTION. Construction of a replacement structure commenced after total dcmol ition, or
renovation✓rehaNl itation of an existing structure that results in the partial or complete removal of two external walls and has a
Mal cost equal to or exceeding sm of the market value of the structure before the stars of construction of the improvement.
For flood insurance purposes, NEW CONSTRUCTIONal so means structures for which the start of construction commenced
on or after June I, 1986 and includes subsealucnt improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for ►vhich the
construction of facilities for servicing the lots on ►►fiich the manufactured homes are to be affixed (including at a minimum,
the instal lotion of utilities, the construction of strocts, and either final site grading or the pouring of concrete slabs) is
completed on or alter June 1, 1986.
NONCONFORMING BUILDING OR USE. Any legally existing building or use that fails to comply with the provisions or
this chapter.
NON -SOLID FENCE. A fence with at least 75%open area.
NORTH AMERICAN VERTICAL DATUM (NAVD). As corrected in 1988. is a vertical control used as a reference for
establishing varying elevations within the floodplain. If a datum other than NAVD 88 is used then use the datum listed as the
reference datum on the applicable FIRM panel for use on Elevation Certificate Completion. See Flood Insurance
Administration (F1A)-20 part 1, 8.
OPEN HOUSE FORUM A public meeting held by the owner of the proposed levee and the Director of Mecklenburg
County Storm Water Services, or his or her designee. The purpose of the OPEN HOUSE FORUM is to provide an
opportunity for discussion between the owner that has submitted an application for the construction of a levee, nearby property
owners, and other interested parties.
POST -FIRM. Construction or other development for ■■•hick the start of construction occurred on or after the effective date
of the initial Flood Insurance Rate Map.
PRE -FIRM. Construction or other development for which the start of construction occurred before the effective date of the
initial Flood insurance Rate Map.
PRINCIPALL YABO VE GROUND. At least 5 1 % of the actual cash value of the structure is above ground.
PUBLIC $AFETY and/or NUISANCE. Anything which is injurious to the safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use. in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATION VEHICLE. A vehicle which is:
(1) Built on a single chassis.
(2) rour-hundred square Net or less ■■-tcn measured at the largest hori?.onW projection;
(3) Designed to be self-propelled or permanently towable by a car or tight duty truck; and
(4) Designed primarily not for use ass permanent dwelling. but as temporary living quarters for recreational, camping,
travel or seasonable um
hrtn-Illihrary nminoal rnrnlAlncrrintelopt_rnrtPnt ner►►r 7150016

CHAPTER 15I: FLOOD DAMAGE PREVENTION
Page 8 of 25
REFERENCE LEVEL The portion of a structure or other development that must be compared to the flood protection
elevation to determine regulatory compliance of such structure. within Special Flood Hazard Areas designated as zones A 1-
A30, AG, A, A99. AO. or AH, the REFERENCE LEVEL is the top of the lowest fkxtc.
REMF.DYA VIOL4TION. To brig the structure or other development into compliance with this chapter or, if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or
other affected development from flood damages, implementing the enforcement provisiomts of this chapter or otherwise
deterring future A milar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVELOS& Flood -related damages sustained by a structure on two separate occasions during any tat -year period
for which the oost of repairs at the time of each such flood event, on the average, equals or exoccds 23% of the market value of
the structure before the damage occurred.
RIVERINE. Relating to, formed by. or resembling a river (including tributaries), stream, brook. and the like.
SALVAGE YARD Any non-residential property used for the storage. collection, and/or recycling of any type of equipment.
and including but not limited to vehiclm appliances and related machinery.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-
290(035).
SOLID WASTE DISPOSAL SITE means, as defined in G.S. § 130A-290(aX36} any place at which solid wastes arc
disposed of by incineration, sanitary landfill. or any other method.
SPECIAL FLOOD HA.2ARD AREA. The FFMA Special Flood Hazard Area. See definition shove.
START OFCONSTRUCTION. The date the building permit ►vas issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within 1 SD days of the permit date. The actual start means the
first placement of permanent construction of a structure (including a manufactured home) on a site, such as pouring a slab or
Wing, installation of piles, construction of columns. or any work beyond the state of excavation or the placement of a
manufactured homeon a foundation. Permanent construction does not include the installation of slreats and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations, or the crection of tcmporwy forms; nor does it
include the installation on the property of accessory buildings. such as garages or sheds not occupied as dwelling units or not
parts of the main structure. For substantial improvement, the actual start of construction means the first alteration of any will,
ceiling, floor, or other structural part of the building. whether or not that alteration affects the external dimensions of the
building.
STRUCTURE. For floodplain management purposes, a willed and roofed building, a manufactured home. a gas or liquid
storage tank, that are principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the
condition before damage would equal or exceed 50% of the market value of the structure before the damages occurred.
SUBSTANTIAL DAMAGE also means flood -related damages sustained by a structure on two separate occasions during a
ten-year period beginning after October 11, 1999, for wfiich the cost of repairs at the time of each such flood event equals or
exceeds 25% of the market value of the structure before the damage occurred. See definition of substantial improvement.
SUBSTANTIAL IMPROVEMENT. Any repairs, reconstruction, rehabilitation, addition, or ocher improvement of a
suuctuM or combination thereof, where the total cost equals or exceeds 50% of the market value of the structure before the
start of oonstruction of the improvement. This term includes structures which have incurred substantial damage, regardless of
the actual repair work performed. The term does not, however, include either:
(1) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have
been identified by the community code enforcement official and which arc the minimum necessary to assure safe living
conditions; or
(2) Any alteration of a historic; structure, provided that the alteration.viil not preclude the structure's continued
designation as a historic structure.
SUBSTANTIAL IMPROVEMENT also means any repair, reconstruction, or improvement to a structure on too separate
occasions during a ten-year period beginning after October 11, 1999, for which the wal cost of repairs, reconstruction or
improvement at the time of each alteration, equals or exceeds 25% of the market value of the structure before the damage
occurred or the substantial improvement began. The Floodplain Administrator may determine if separate actions constitute a
single project (§ 151.60(13)). For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur
when the first alteration of any wall, ociling, floor or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
TECHNICALLY MFASURABLE An activity and/or condition that can be modeled within the stated or commonly known
accuracy of the FE4fA approved hydraulic models or other engineering computations, and may have an impact on Base Flood
httn-//lihrary nmlrrrTni ft •e r 07IcPNAI G

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 9 of 25
Elevations. The Floodplain Administrator will determine if a proposed activity and/or condition mocts the Technically
Measurable definition.
VARIANCE A grant of relief to a person from the requirements of this chapter.
VIOLATION. The failure of a structure or other development to be fully compliant ► ith this chapter. A structure or other
development without the elevation certificate, other certifications or other evidence of compliancc required in f § 151.25
through 151.28 and 151.60 through 151.62 is presumed to be in violation until such time as the documentation is provided.
(Ord. passed 3-2-09)
§ 151.07 LANDS TO WHICH THIS CHAPTER APPLIES.
This claapter shall apply to all lands in the land use jurisdiction of the Town of Huntersville within the area shown on the
Flood Insurance Rate Maps (FIRM) or any FI:MA and/or locally approved revisions to data shown on the FIRMS. as being
located within the Community Special Flood Hazard Areas or land adjacent to the Community Special Flood Hazard Areas if
it is affected by the work that is taking place.
(Ord. passed 3-2-09)
§ 151.08 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
(A) The Flood Insurance Rate Maps (FIRW FEMA ands locally approved revisions to data shown on the F1RMs. Flood
Insurance Study and other supporting data. for Mecklenburg County including the Town of liuntersville, dated March 2, 2009,
are adopted by reference and declared to be a part of this chapter.
(B) The initial Flood Insurance Rate Maps areas follows for the jurisdictional areas at the initial date: Mecklenburg County
Unincorporated Area, dated June 1, 1981.
(Ord. passed 3-2-09)
§ 151.09 FLOODPLAIN DEVELOPMENT PERMIT REQUIRED.
A Floodplain Development Permit shall be required in conformance with the provisions of this chapter prior to the
commencement of any development activities. The Technical Giddawe /Awumeaf may be used for ilIusuative purposes to
assist in determining the applicable type of Floodplain Development Permit required.
(Ord. passed 3-2.09)
§ 151.10 COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations.
(Ord. passed 3-2-09)
§ 151.11 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal, abrogate~ annul or in any miy impair or interlem with any existing provisions of
lams or ordinances, or any rutes, regulations or permits previously adopted or issued, or which shall be adopted or issued, in
conformity with law. relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate
or annul any casements. covenants or other agreements bct►voen parties; provided, however, that, ► here this chapter imposes a
greater restriction upon the use of buildings or premises or requires larger yards. courts or other open spaces than arc imposed
or required by such existing provisions of laws or ordinances, or by such rules, regulations or permits or by such easements.
covenants or agreement& the provisions of this chapter steal I control.
(Ord. passed 3-2-09)
1151.12 INTERPRETATION.
i.sa.-.JI1:1•.....r......,1....n1 .......Jnl.�.......:..fnlnnt nn.�tnn4 nnr`v '7/CJiilt�i

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 10 of 25
In the interpretation and application of this chapter all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed to meet the purposes and objectives of this regulation as stated in §§ 151.04 and 151,05; and
(C) Deemed neither to limit nor rrpeW any other powers granted understate statutes.
(Ord. passed 3-2-09)
§ 151.13 WARNING ACID DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposcs and it is based on
scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This chapter does not imply that land outside the special hood hazard areas or uses permitted
within such arras will be free from flooding or Hood damages. This chapter shall not create liability, on the part of the Town of
HuntersviIle, Mecklenburg County, or on any agent. officer or employee thereof for any flood damages that result from
reliance on this chapter or by any administrative decision lawfully made hereunder.
(Ord. passed 3.2-09)
ADMINISTRATION AND ENFORCEMENT
§ 15125 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Town Manager designates the County I-loodplain Administrator, and his or Her designees. as the persons with the
authority to administer, implement and enforce the provisions of this chaptct through a properly executed, legally binding
interlocal agreement.
(Ord. passed 3-2-09)
§ 151.26 FLOODPLAIN DEVELOPMENT PERMITS AND CERTIFICATION REQUIREMENTS.
(A) A Floodplain Development Permit is required for any development within the Community Special Flood hazard Area
(CSFHA) and is subject to the conditions below. The Floodplain Administrator is authorized to create, and amend from time
to time as necessary, a technical guidance document to help explain the application of the provisions of this chapter,
specifically the Floodplain Development Permit provisions, through the use of charts and relaxed written materials. The
technical guidance document shall not be a part ofthis chapter, and shall be solely for illustrative and educational purposes. If
there is any discrepancy between the technical guidance document and this chapter. the provisions or this chapter shall
control.
(S) Floodplain Development Permits fall into one of two types. General Floodplain Devcikgmnt Permits (GFDP) and
Individual Floodpiain Development Permits (IFDP). If the proposed development activities meet the requirements of the
General Floodplain Development Permit, an Individual Floodplain Development Permit is not required-
(1) Gen oral ffoodp/ain dfef riolpRte►N perrhPL The intent of the General Flaodplain Development Permit (GFDP) is to
allow uses or activities in the Community Special Flood Hazard Area (including the FEMA Floodway and Community
Encroachment Area) which inherently will not increase FEMA and/or Community Base Flood Elevations. The following uses
and activities arc permitted under a GFDP, without the need for an Individual Floodplain Development Permit, Rood study or
variance, as long as they result in no technically measurable increases in FEMA and/or Community Base Flood Elmdons.
(a) General farming, pasture, horticulture, forestry, wildlife sanctuaries, gardens, lawns, landscaping and other similar
activities;
(b) Utility infrastructure (poles, sewer manholes, vent pipes, underground utilities, and the like), sign poles, non -solid
fences, and other similar activities.
(c) On -grade drivem-ays, trails, sidewalks, boardwalks. roads and road maintenance; storm drainage system
construction, repairs and maintenance (major and minor systemX and other similar activities. The Floodplain Administrator
must be; noti feed in writing. including a project description and sketch plan, prior to commencement of these activities.
(d) Interior renovations with a value of less than $10,000, to a structure with its reference Ievel not meeting the
requirements of § 151.61(A)(1), (2).

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 11 of 25
(e) Interior renovations of any value, to a structure with its ref=nce level meeting the rc-quiremcnts of § 151.61(A)(1),
(2).
(2) indi►rdrncrl floodplain doviopmenrpermrrs. Individual Floodplain Development Permits are required for all other
projects that do not meet the requirements of a General Floodplain Development Permit. Application for an Individual
Floodplain Development Permit (IFDP) shall be made to the Floodplain Administrator an forms furnished by him or her prior
to any development activities proposed to be located within the Community Special Flood Hazard Area. Requirements for
submittal are available from the Floodplain Administrator.
(3) Cerrifrcarion requiremems.
(a) A final as -built elevation certificate (FEMA Form 81-31) (for either residential or non-residential buildings) or
floodproofing certificate (FEMA Form 81-65) is required after construction is completed and prior to the issuanceof a
certificate of occupancy or a temporary certificate of occupancy. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a oertif]cation of final as -built construction of the elevation or floodproofed elevation of the
reference level and all attendant utilities. The certification shall be prepared by or under the direct supervision of a registered
land surveyor or professional engineer and certified by same. When f]oodproofing is utilized, said certification shall be
prepared by or under the direct supervision of professional engineer orarchilect and certified by some. The Floodplain
Administrator shall review the certificate data submitted. Niiciencies detected by such review shall be corrected by the
permit holder immediately and prior to the issuance of a certificate of occupancy or temporary certificate of occupancy. In
some instances, another certification may be required to certify corrected as -built construction. Failure to submit the
certification or failure to maize the corrections required shill be cause to withhold the issuance of a certiCcate of occupancy or
temporary certificate of occupancy.
(b) For proposed development to be located outside of the Community Encroachment Area and the FEMA Flood► ay, a
certification from a registered Lind surveyor or professional engineer that states that no fill material or other development was
placed within the FEMA Flood►vay or Community Encroachment Area of any watercourse, will be required prior to issuance
of a certificate of occupancy or temporary certificate of occupancy.
(c) For proposed development within the Community Encroachment Area or the FEMA Flood►vay. an as -built
topographic map prepared by a registered land surveyor or professional engineer ►vil I be required prior to issuance of a
certificatc of occupancy or temporary certificate of occupancy. This is in addition to a no-risdno-impact study or CI.QMR
that may be required as specified in § 151.61(A)(6) may be required.
(d) If a manufactured home is placed within the Floodplain and the elevation of the chassis is 36 inches or higher above
adjacent grade. an engineered foundation certification is required.
(e) CeHilicatimi exemptions. The following structures, if located within the Floodplain. arc exempt from the
elevationlffoodproofing certification requirements specified in divisions (a) and (b) above:
1. Recreational vehicles meeting requirements of § 151.6](A)(9);
2. Temporary structures meeting requirements of § 131.61(A)(10); and
3. Accessory structures less than ISO square feel meeting requirements of § 151.61(A)(11).
(f) if a watercourse is to be altered or m4ocated, a description of the extent of watercourse alteration or relocation; a
professional engineer's certified report on the effects of the proposed project on the flood -carrying capacity of the ►►atereourse
and the effects to properties located froth upstream and downstream; and a map showing the location of the proposed
watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a foodplain
development permit-
(4) Permit applirariort mquirevierna.
(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific detailsofthe
proposed Foodplain development;
I. "fhe nature, location, dimensions, and elevations of the area of developmentldisturbanoe; existing and proposed
structures, utility systems, grading/pavement areas, fill materials, stomagc areas, drainage facilities, and other development;
2. The location of the Community Flood Fringe Line, Community Encroachment Line, FEMA Flood Fringe Line and
FEMA Floodway Line as shown on the FIRM or other flood map, or a statement that the entire lot is within the Special Mood
Hazard Area;
3. Flood zane(s) designation of the proposed development area as determined on the FIRM or other food map;
4. The FEMA Base Flood Elevation (BFE) and Community Base Flood Elevation (CBFE);
5. The old and nc+v location of any watercourse that will be altered or relocated as a result of proposed de►elopmcnl:
httn-1ll;hear%, aminnal rnmlalncrrintelna!_nnntr+nT acnv 71r- 7nAIA

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 12 of 25
6. The certification ofthe plot plan by a registered land surveyor or prollmionad engineer.
(b) Proposed elevation, and method thereof, of all development within a Commmunity Spacial Flood Hazard Area
including but not limited to:
1. Elevation in relation to mean sea Wvel of the proposed reference level (including basement) of all structures;
2. Elevation in relation to mean sea level to which any non-residential structure in Zane AE, will be floodproofed; and
3. Elevation in relation to mean sea Icvel to which any proposed utility systems will be elevated or floodproofod;
(c) If fioodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that
includes. but is not limited to. installation, exercise, inspection and maintenance of noodproofng measures.
(d) A foundation plan, drain to scale, which shall include details of the proposed foundation system to ensure all
provisions of this chapter are met. Time details include but arc not limited to -
I. The proposed method of elevation, if applicable (Lc., fill, solid foundation perimeter mall, solid backhtled
foundation. open foundation on columnstpostslpiersrpilesishcar ►Falls);
2. Openings to facilitate automatic egmhalizalion of hydrostatic flood forces on walls Mien solid foundation perimeter
wails are used is Community Special Flood Hazard Area..
(e) usage details of any enclosed area below the lowest floor.
(0 Plans and/or details for the protection of public utilities and facilities such as scwcr, gas, electrical, and water
systems to be located and constructed to minimize flood damage;
(g) Certification that all other local, state and federal permits required priorto floodplain developmett permit issuance
have beers received;
(h) Documentation For proper placement of recreational vehicles and/or temporary structures, when applicable, to
ensure that the provisions of § 151.6 1 (A)(9), (10) are met;
(i) A description ofproposed watercourse alteration or relocation. when applicable, including an engineering report on
the effects of the proposed project on the flood -carrying capacity of the watercourse and the effects to properties located both
upstream and downstream: and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration
or relocation.
(5) Pwvnir requirenjenrs. The Floodplain Development Permit sltall include, but not be limited to:
(a) A description of the development to be permitted under the floodplain development permit.
(b) The Special Flood Hazard Area determination for the proposed development.
(c) The Flood Protection Elevation required for the reference level and all attendant utilities.
(d) The Flood protection Elevation required for the protection of all public utilities.
(c) All certification submittal requirements with timelincs.
M A statement that no rill material or other development shall encroach into the floodway or non -encroachment area of
any watercourse, as applicable.
(g) The flood openings requirements per # 151.61(A)(4).
(Ord. passed 3-2-09)
§ 151.27 DUTIES AND RESPONSIBlm'nEs OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator is authorized to and shall perform, but not be limited to, the follo►+•ing dutics:
(A) Reviewing, approving, and issuing all floodplain development permits in a timely manner to assure that the permit
requirements of this chapter have been satisfied.
(B) RevieN•in& approving and issuing all documents applicaNe to letters of map change.
(C) Advising the permittec that additional federal or state permits may be required; and if specific federal or state permits
are known. requiring that copies of such permits be provided and maintained on file with the floodplain development permit.
h4tV%-1/13%Vnr f .....,s.-.-a -- 171f MA5!

CHAPTER 151:FLOOD DAMAGE PREVENTION
fate 13 of 25
(D) Notifying adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of
Emergency Management, State Coordinator for the National Flood insurance Program prior to any alteration or relocation of a
watercourse and submitting evidence of such notification to the Federal Emergency Management Agency.
(E) Assuring that within available resources. maintenance is provided within the altered or relocated portion of any altered
watercourse so that the flood -carrying capacity is maintained.
(F) Not issuing a ioodplain development permit for encroachments within the Community Encroachment Area and/or the
FEMA Floodway unless the certification and food hazard reduction provisions of §§ 151.60 through 151.62 are met.
(0) Reviewing and recording the actual elevation (in relation to mean sea level) of the reference level (including basement)
and all attendant utilities of all new or substantially improved structures, in accordance with § 151.26(13)(3).
(H) Reviewing and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved
non-residential structures have been fioodproofod. in accordance with § 151.26(BX3).
(1) Obtaining certifications from a registered professional engineer or architect in accordance with § 151.61(AX2) when
iloodproofing is utilized for a particular non-residentiai structure.
0) Making the interpretation of the exact location of boundaries within the FEMA Special Flood Hazard Area or the
Community Special Flood Hazard Area when, for example, there appears to be conflict between a mapped boundary and
actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided in this chapter. Procedures for changing flood hazard area boundaries and lines depicted on the
Flood Insurance Rate Maps are identified in the National Flood Insurance Program regulations (44 CFR Parts 59-78).
(K) Permanently maintain all records that pertain to the administration of this ordinance and make these records available
for public inspection, recognizing that such information may be subiort to the Privacy Act of 1474. as amended.
(L) Making on -site inspections of projects.
(M) Serving notices of violation, issuing stop work orders, revoking permits and taking cormctivc actions.
(N) Maintaining* copy of the letter of map amendment issued from FEMA in the floodpi2in development permit rile when
a property owner has received a letter of map amendment (LOMA). (A LOMA is typically applied for and approved when the
exact location of boundaries of the FEMA Special Flood Hazard Areaconflicts with the current. natural topography
information at the site.)
(0) I]ctermining the required infonnation to be submitted with an application for approval of an Individual Finadplain
Development Permit.
(P) Reviewing information provided by a property owncror his designated agent foe the purpose of making a determination
of the total cost of repairs as it relates to a substantial improvement. including a determination of whether a series of repairs.
reconstructions or improvements constitute one single alteration such that the total cost of the repairs, reconstruc tiers or
improvements will be the cumulative cost from the first alteration.
(Q) Reviewing information provided by a property owner or his designated agent for the purpose of making a
determination of whether the proposed construction activities constitute new construction for purposes of this chapter.
(R) Reviewing and acknowledging FEMA Conditional Letters of Map Revision and FEMA Letters of Map Revision.
(S) Reviewing and approving Community Conditional Letters of Map Revision and Community Letters of Map Revision.
(T) Making on -site inspections of work in progress. As the work pursuant to a foodplain development permit progresses,
the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being
done according to the provisions of the local ordinance and the terms of the permit.
(U) Issuing stop -work orders. Whenever a building, or fart thereof is being constructed. reconstructed, altered or repaired
in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop work order
shall be in %wiling and directed to the person doing the work. The stop worts order shall state the specific work to be stopped.
the specific reasons for the stoppage and the conditions under which the work may be resumed. Violation of a stop worts order
constitutes a misdemeanor.
(V) Revoking foodplain development permits. The Floodplain Administrator may revoke and require the return of the
foodplain development permit by notifying the permit holder in writing stating the reaw n for the revocation. Permits shall be
revoked for any substantial departure from the appro►•rd application, plans or specifications; for refusal or failure to comply
with the requirements of state or local laws; or for false statements or misrepresentation made in securing the permit. Any
permit mistakenly issued in violation of an applicable state or local law may also be rcw ked. Revoked permits may be
resubmitted for approval using the requircments of the ordinance in effect at the time of the original submittal unless they were
revoked because of the intentional submission of incorrect information by the permittee or his agent. or under other
:�ii.�•I/tit�r+nwi nrnionnl nnmlelncnrir��rinat_rnnipnT ncnv 71V7016

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 14 of 25
circumstances where allowing resubmittal using the requirement or the ordinance in effect at the time of the original submittal
would not be equitabk or consistent with pubk policy. !However, base flood elevations than govern the elevation to which the
structure is built must comply with the regulations and flood cicvations in effect at the time of application for the building
Permit.
(W) Making periodic inspections. The Floodplain Administrator and each metnberof his inspections department shall have
a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at
any reasonable hour for the purposes of inspection or other enforcement action.
(X) Providing owners of structures in the floodplain with information concerning their flood risk, and (for structures with
the lowest floor below the Flood Protection Elevation) inform potential buyers ofsubstantial improvement restrictions through
the recordation of a notice in the property chain of title or other similar notice.
(Y) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of §
151.26(BX3 ).
(Ord. passed 3-2.09)
§ 1S1.3 CORD-ECTIVE PROCEDURES.
(A) l'iolr hwrs to be carrecred When the Floodplain Administrator finds violations of applicable state and local laws and
notifies the property owner or building occupant of the violation, the owner or occupant shall immcdiately remedy each
violation of law cited in the notice.
(B) rletiom err e►vm offailure ro take c wecrl va aeriorr. I f the owner or occupant of a building or property shall fail to take
prompt corrective action, the Floodplain Administrator shall give writtm notice, fry certified or registered mail to the last
known address or by personal service that:
(1) The building or property is in violation of the floodplain regulations;
(2) A hearing will be held before the Floodplain Administrator at a dcsignatod place and time, not later than 28 calendar
days after the data of the notice; at which time the owner or occupant shall be entitled to be heard in person or by counsel and
to present arguments and evidence pertaining to the matter, and
(3) Following the hearing, the Ftoodplain Administrator may issue such order to alter, vacate or demolish the building, or
to remove Fill or other unauthorized encroachment, as appears appropriate.
(C) alder to laic cw via (Aw action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall fend that the building or development is in violation of the floodplain regulations, he or she shall issue an
order in writing to the owner or occupant, requiring the owncror occupant to remedy the violation within such period, not Icss
than 60 calendar days, as the Floodplain Administrator may prescribe; provided that, where the Floodplain Administrator figs
that there is imminent danger to life or other property. he may order that corrective action be taken in such lesser period as
may be feasible.
(D) r4ppeal. Any owner or occupant wino has neoeived an order to take corrective action may appeal the order to the
liuntcrsviIle Zoning Board of Adjustment (hereinafter referred to as the "Board of Adjustment- or "Board") as provided in §
151.41. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Board of Adjustment shall
hear an appeal within a reasonable time and may affirm, modify and affirm or revoke the order.
(E) Faih-uw to Cove* 14.1h order. if the owner or occupant of a building or property fails to comply with an order to take
correctivc action from which no appeal has been taken, or fails to comply with an order of the Board of Adjustment following
an appeal, he/she shall be guilty of a misdemeanor and shall be punished in the discretion of the court. In addition, the owner
or occupant shall be subject to civil enforcement as dcscribed in § 151.99
(Ord. passed 3-2-09)
APPEALS AND VARIANCES
§ 151.40 AUTHORITY OF BOARD Or ADJUSTMENT.
(A) 'The Board of Adjustment shall hear and decide appeals from any order, decision, determination or interpretation made
by the Floodplain Administrator pursuant to or regarding these regulations.
(R) The Board of Adjustment shall hear and decide petitions for variances from the requirements of this chapter.
lhtirw'!/li1•+rs�r►r amlr+nai r•�,+..l.,1„r..,.:„�,.I...,s ......�....a .._.... ...�....,..

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 15 of 25
(Ord. passed 3-2-09)
§ 151.41 INITIATION AND FILING OF APPEAL.
(A) An appeal of an order, decision, determination or interpretation made by the Floodplain Administrator may be initiated
by any person aggrieved by any officer, department, board or bureau of the town.
(B) A notice of appeal in the form prescribed by the Board of Adjustment must be filed with the Board's Cleric, with a copy
to the Floodplain Administrator, within 20 days of the order, decision, determination or interpretation and must be
accompanied by a nonrefundable riling fee as established by the Town Council. Failure to timely file such notice and fee will
constitute a waiver of any rights to appeal under this section and the Board of Adjustment shal l have no jurisdiction to hear the
appeal.
(Ord. passed 3-2-09)
§ 151.42 STANDARDS AND HEARING PROCEDURE.
(A) The Board of Adjustment will conduct the hearing on an appeal of an order, decision, determination or interpretation of
these regulations in accordance with its normal hearing procedures as set out in the Town of Huntersvillc Zoning Code.
(B) At the conclusion ofthc hearing, the Board of Adjustment may reverse or modify the order, decision, determination or
interpretation under appeal upon finding an error in the application of these regulations on the part of the Floodplain
Administrator who rendered the decision, determination or interpretation. In modifying the decision, determination or
interpretation, the Board will have all the powers of the: officer from whom the appeal is taken.
(Ord. passed 3-2-09)
§ 151.43 INITIATION AND FILING OF VARIANCE. PETITION
(A) A petition for variance maybe initiated only by the o►.•ncr of the a#fcctod property. or an agent authorized in writing to
act on tite owner's behalf.
(B) A petition for a variance from these regulations in the form prescribed by the Board of Adjustment must be filed with
the Board's Clerk, with a copy to the Floadplain .administrator. and be accompanied by a nonrefundable ailing fete as
established by the Town Council.
(Ord. passed 3-2-09)
§ 151.44 FACTORS FOR CONSIDERATION AND DETERMINATION OF COMPLETENESS.
(A) In passing upon variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this chapter. and the:
(1) Danger that materials allo►ved to be placed in the fkxW%,%ay as a result of the variance maybe swept onto otlser lands
to the injury of others during a community base flood;
(2) Danger to life and property due to flooding or erosion damage from a community base flood;
(3) Susceptibility of the proposed facility and its contents to float damage and the effect of such damage during the
community base flood;
(4) Importance of the services provided by the proposal facility to the oornmunity;
(5) Necessity to the facility of a waterfront location, where applicable;
(6) Availability of alternative locations. not subject to flooding or erosion damage during a community base flood, for the
proposed use;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the Mecklenburg County Floodplain Management Guidance Document,
Mecklenburg County Flood Hazard Mitigation Plans. the Mecklenburg County Greenway Plan, and any other adoplcd land
use plans for that area;
httn•Illihrnry antlrslal arnx 715n.016

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 16 of 25
(9) Safety of access to the property in times of a community base flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters during a community base
flood expected at the site; and
(11) Casts of providing governmental services during and after Flood events, including maintenance and repair of public
utilities and Facilities, such as sewer. gas. electrical and water systems and struts and bridges.
(B) A written report addressing each orthe above factors shall be submitted with the application for a variance.
(C) Upon consideration of the factors listed above and the purposes or this chapter. the Board of Adjustment may attach
such conditions to the granting of variances as it deans necessary to further the purposes of this chapter.
(D) Variances may be issued for the repair or reltabilitation of historic structures upon the determination that the proposed
repair or rehabalitation will not preclude the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
(E) Functionally dependent facilities if determined to meel the definition as state! in § 151.06, provided provisions or§
151.75 have been satisfied, and such facilities are protected by methods that minimin Hood damages during the base flood
and create no additional threats to public safety, or
(F) Any other type of dcvclopment, provided it meets the requirements of this section.
(Ord. passed 3-2.09)
§ 151.45 CONDITIONS FOR VAR]ANCES.
(A) Variances shall not be issued when the varianoe will make the structure in violation of other federal, state, or local
laws, regulations, or ordinances.
(B) Variances shall not be issued within any designated floodway if the variance would result in any increase in flood
levels during the community andlor FERIA base flood discharge unless the requirements of § 151.61(Ax6) are met.
(C) Variances shall only be issued upon a determination that the variance is the minimum necessary. considering the flood
hazard. to afford relief.
(D) Variances shall only be issued prior to appro►ral of a floadplain dcvclopment permit.
(Ord. pied 3-2-b9)
§ 151.46 STANDARDS FOR GRANTING VARIANCE.
(A) Variances shall only be issued upon:
(1) A showing of good and sufficient cause.
(2) A determination that failure to grant the variance would result in cxceptional hardship; and
(3) A determination that the granting of a variance will not result in increased flood heights (unless the requirements or§
151.61(A)(6) are met), additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with other existing local laws or ordinances.
(B) The fad that the property could be utilized more prortabty or conveniently with the variance than without the variance
shall not be considered as grounds for granting the variance.
(Ord. passed 3-2.09)
§ 151.47 MISCELLANEOUS CONDITIONS.
(A) In addition to consideration of the items in § 151 A4(A), i f dryland access cannot be obtained, a variance to the
requirement for dryland access may be granted by the Board of Adjustment upon consideration of the fallowing conditions:
(1) A determination that all possible alternatives have been invcstigated in an attempt to provide the safest access rrorn a
proposed habitable building to a dry public street.
(2) The existence of a site plan prepared by a licensed land surveyor or professional engineers indicating that the
proposed seem to habitable buildings on the property poses the [cast risk from flooding.
hths-11lihrnr%r amlonal rnmlalncrrin/clnwr_nnnfnnt n.- "VICFIAI lr.

CHAPTEIR 151: FLOOD DAMAGE PREVENTION
Page 17 of 25
(B) In addition to consideration of the items in § 1 S 1.44(A), a variance may be issued by the Board of Adjustment for solid
waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located
in Special Flood Hazard Area provided that all of the following criteria are met:
(1) The use serves a critical need in the oornnwnity.
(2) No feasible location exists for the use outside the Spacial Flood Hazard Areas.
(3) The reference level of any structure is elevated above the community base flood elcvtttion or is designed and sealed
by a professional engineer ora registered architect to be w-atcrtight with walls substantially impermeable to the passage of
water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(4) There will be no storage of matcrials or tanks which could hood within the Special Flood Hazard Area unicss they are
contained in a structure as defined in division (8)(3) above.
(5) The use complies with all other applicable laws and regulations.
(b) The town has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its
intention to grant a variance at least 30 calendar days prior to granting the variance.
(Ord. passed 3-2-09)
§ 151AN NOTIFICATION AND RECORDI[EEPING.
(A) Any applicant to whore a variance from the FEMA brie flood elevation is granted shall be given written notice
specifying the difference between the FEMA base flood elevation and the elevation to which the structure is to be built and a
written statement that the cost of flood insurance: will be commensurate with the increased risk resulting from the reduced
lowest floor elevation. Such notification shall be maintained with a nocord of all variance actions.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances regarding FEMA
minimum standards to the Federal Emergency Management Agency and the State of North Carolina upon request.
(Ord. passed 3-2-09)
§ 15I.49 APPEAL FROM BOA R1) 0 F AD.) USTNI ENT.
(A) Any person aggrieved by the final decision of the Board of Adjustment to grant or deny a floodplain development
permit shall have 30 days to file an appeal to Mecklenburg County Superior Court, as provided in G.S. J I43 21i.57(c).
(B) Any pony aWicvcd by the decision of the Board of Adjustment related to any other order, decision, determination or
interpretation of these regulatioms, including the granting or denial of a variance. shall have 30 days from the roceipt of the
Board's decision to file a petition for review in the nature of certiorari in Mecklenburg County Superior Court -
(Ord. passed 3-2-09)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 151.60 GENERAL STANDARDS.
(A) In all Special Flood Hazard Areas, the following provisions arc required:
(1) All Yew construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral
movement of the structure;
(2) Manufactured homes shall be anchored to prevent flotation, oollapse or lateral movement. Methods of anchoring may
include, but are not limited to, the use of over•the-top or frame ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for resisting wind forms;
(3) All new construction and substantial improvements shall be constructod with materials and utility equipment resistant
to flood damage,
(4) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood
damage;
lkff"•llaftl�"p afa lM m7t nv"V ?/;/InIA

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 18 of 25
(3) Electrical, heating, ventilation, plumbing, air-conditioning equipment and othersaovice facilities shall be designed,
constructed, installed andlor located so as to prevent water from entering or accumulating within the components during
conditions of flooding to the flood protection elevation. These include but are not Iimited to HVAC equipment, water sof =r
units, balh►kitchen fixtures, electric meter panelstboxes, utilitylcable boxes. appliances (i e., washers, dryers, refrigerator, and
the like), hot water heaters, electric wiring, and outletstswitches;
(6) All new and replaccntcnt water supply systems shall be designed to minimizx or eliminate the infiltration of
flond►rmers into the system;
(1) New and replacement sanitary sewage systems shall be designed to minimize or eliminate the infiltration of
floodwaters into the system and discharges from the systems into floodwaters;
(8) On -site wraste disposal systems shall be located and constructed to avoid impairment to them or contamination from
them during Routing;
(9) Any alteration, repair. reconstruction or improvements to a structure which is in compliance with the provisions of
this chapter, shall meet the requirements of new construction as contained in this chapter:
(10) Construction of new solid waste disposal facilities, lta?ardous waste management facilities,, salvage yards, and
chemical storage facilities shall not be permitted except by variance, in Special Flood Hazard Area. A structure or tank for
chemical or fuel storage incidental to an allo►►vd use or to the operation of a water treatment plant ear wastewater treatment
facility may be located in a Special Flood Hazard Area only i f the structure or tank is either elevatod above the community
base flood elevation or designed to be watertight with w al is substantially impermeable to the passage of water and with
structural components capable of resisting hydrostatic and hydrodynamic bads and the effects of buoyancy;
(11) Any new critical facility must be located outside of the 500-year (0.2%) flood fringe area and elevated at least one
foot above the 500-ycw (0.2%) flood elevation or the community base flood elevation whichever is greater. The
determination of this flood fringe area and elevation will be provided by the Floodplain Administrator;
(12) Subdivisions. All development proposals submitted for review and approval in accordance with the town's
subdivision ordinance shall also comply with the following provisions:
(a) Locate and construct public utilities and facilities, such as sewer, gas, electrical and water systems, to minimize
flood damage;
(b) Construct all new streets located in a Community Special Flood I lagrrd Area in accordance with the applicable
provisions of the subdivision ordinance:
(c) Design and construct adequale drainage to reduce exposure to flood hazards;
(d) Take such other appropriate measum needed to minimize flood damage; and
(e) Receive all necessary permits from those governmental agencies for which approval is required by foderal or state
law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.33 U.S.C. 1334.
(13) For the purpose of determining substantial improvement, the Floodplain Administrator shall make a determination of
the: total cost of repairs as it relates to a substantial improvement, including a determination of whether a series of repairs,
reconstructions or improvements constitute one single alteration such that the total cost of the repairs, reconstructions or
improvements will be the cumulative cost from the first alteration.
(14) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements
for new oonstruclion and substantial improvements.
(15) When a structure is Iocatod in multiple flood hazard •..ones or in a flood hazard risk zone ►vith multiple base flood
elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood clLmation shall apply.
(Ord. passed 3-2-09)
§ 151.61 SPECIFIC STANDARDS.
(A) Review and implementation of SWIM buffer regulations shall be concurrent and coordinated with the provisions of
this chapter, so than both are satisfied. In all Community and FEMA Special Flood Hazard Areas where community and
FEMA base flood elevation data have been provided the follo►ving provisions are required:
(1) Reshka ial coptu awdon.
(a) New construction or substantial improvement of any residential structure shall have the rcfcrmoc level. elevated at
least one foot above the community base flood elevation.

CHAPTER 151; FLOOD DAMAGE PREVENTION
Page 19 of 25
1. A'arsubsranlial imep+xn+err ants notice. Renovations/rehabilitations costing between 25% and 5D% of the market
value of the existing building and said building having the reference level below the flood protection elevation. will require the
property owner to record a notice of floodplain improvements (provided in the technical guidance document) with the
Mecklenburg County Register of Deeds Office prior to the issuance of a building permit.
(2) Ntwimsidenrial consinwiwr. New construction or substantial improvement of any commerciat industrial or
nonresidential structure shall meet the requirements for residential construction in division (A)(1) of this section, or the
structure may he floodproofed in lieu of elevation, provided that all areas of the structure below the required elevation are
watertight with walls substantially impermeable to the passage of water. using structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official asset forth in
# 15 1.26(13)(3).
(3) ,Yew buildings 1vmovedfro►rl rite FEJtfd Special Frond Hward Area byfrll. When new buildings have been
constructed on land that has been removed from the FEMA Special Flood Hazard Area by the placement of rill, they must
have the reference level (including basement) clevated at least one foot (two feet on the Catawba River including Lake
Norman) above the community base flood elevation.
(4) E1e►wiredbui1&fiiW. New construction or substantial improvement of elevated buildings, that include fully enclosed
areas formed by foundation and other exterior walls bdow the community base flood elevation shall mect the requirements of
division (A) of this section. and shall be designed to preeludc finished living spaee and designed to allow for the entry and exit
of floodwaters to automatically equalize hydrostatic flood forces on exterior ►wal Is.
(a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet
the following minimum criteria:
1. Provide a minimum of two openings. having a total net area of not less than one square inch for c%rM square I'aa
of enclosed area subject to flooding;
2. The bottom ofall openings shall be no higher than one foot above adjacent grade at the opening;
3. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the
automatic flow of floodwaters in both directions;
4. Openings must be on different sides of the enclosed area if possible; and
S. If the building has more than one enclosed area, each must have openings,.
(b) Foundation enclosures:
1. Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes.
Therefore such skirting does not require hydrostatic openings as outlined above.
2. Masonry or wood underpinning, regardless of structural status, is considered an enciosure and requires Hydrostatic
openings as outlined above to comply .with this chapter.
(c) Access to the enclosed arcs shall be the minimum necessary to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment used in connection with the premises, (standard exterior door) or entry to the living area
(stairway or elevator).
(d) The interior portion of such enclosed area shall not be partitioned or finished into separme rooms, except to enclose
storage areas.
(e) Shall be eonseucted entirely of flood resistant materials at least to the [load protection elevation.
(5) Dvylwuf access. Access to habitable buildings during a flood event is extremely hazardous. Dryland access must be
provided to rc►r or substantially improved habitable buildings according to the following criteria: Dryland access is required
if any portion of either the habitable building or vehicular access route, connecting the habitable building to a public street, is
within the ftoodplain. If dryland access cannot be obtained, a variance to the requirement for dryland access may be granted
by the Board ofAdjustment Plans and details for the dryland access must be submitted by a registered professional engineer
or surveyor and approved by the Floodplain Administrator. The following arc exempt from the dryland access rcquiremcnt.
(a) Substantial improvement to an existing habitable building where the property does not have any access to a dry
public street.
(b) Construction of new habitable building where both the habitable building and the access route connecting it to a
public street. arc located entirely outside the community encroachment arc& and where the property does not have any access
to a dry public street. Under this exemption, access from the habitable building to the public street must;
1. Connect to the highest point of the public street adjacent to the property;
I.ttn 111+hrar+r an�laRal rnmlalnrrr�r.frl�afr+nntAnr *env

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 20 of 25
2. Be consiructo d of gravel. pavement or concrete and be at least 12 feet aide; and
3. Be constructed entirely at or above the elevation of highest point of the public street adjacent to the property.
(6) of EAM jlooderay and community encroachownt arva. The FEMA fioodway and the community encroachment area
are very hazardous arras due to the velocity of fioodwatm which cant' debris and potential projectiles and have erosion
potential. The following provisions shall apply within each of these designated arm:
(a) Community encror chniem arum. No encroachments, requiring an Individual Floodplain Development Permit (f
15116 ), including fill, new construction, substantial improvements and other development shall be permitted within the
community encroachment area unless it has been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that such cncrwchrnent would not result in increased flood heights of greater
than 0.10 feet during the occurrence of a community base flood. Such ceniflcation and associated technical data by a
registered engineer shall be approved by the Floodplain Administrator. Any change which would cause a rise of more than
0.10 feet in the community base flood elevation will require notification of impacted property owners, and a community
conditional letter of map revision (CoCLOMR) from the Floodplain Administrator. ]f approved and constructed, as -built
plans must be submitted and approved by the Floodplain Administrator and a community letter of map revision (CoLOMR)
issued. A certificatcof occupancy will not be issued without the above stated community letter of map revision. Projects
impacting existing habitable buildings that increase the community base flood elevation more than 0.00 feet will not be
albwvd without a variance-
(b) FE,tdd Jloo&vy.
I. No encroachments requiring an Individual Floodplain Development Perrait (0 151.26) including rill, new
construction, substantial improvements and other development shall be permitted within the FEMA t7ood►►ay unless it has
been dcmonstrated through Hydrologic and hydraulic analysis performed in accordance with standard engineering practice that
such encroachment would not result in any (0.06 feet) increase in the FEMA base flood elevations during the occurrence of a
FEMA base flood and no increase in the community base flood elevations during the occurrence of the community base flood.
Such analysis performed by a registered professional engineer shall be approved by the Fbadplain Administrator. Any change
which would cause a rise in the FEMA base flood elevation or an increase in the FEMA Floodway width during the
occurrence of the FI:1NA base flood will require notification of impacted property owners, and a letter of map revision from
FEMA. If approved and o instructed, as -built plans must be submitted by the property owner and approved by FFMA and a
letter of map revision issued. A certificate of occupancy will not be issued without the above stated letter of map revision.
2. Any change which would cause arise in the community Bose hood elevation or an increase in the width of the
community encroachment area during the occurrence of the community base flood will require notification of impacted
property owners, and a community conditional letter of map revision (CoCLOMR).
3. Projects which causes riscof greater than 0.00 feet in the FEMA bast flood elevation and impact an existing
habitable building, will not be allowed.
(c) No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A
replacement manufactured home may be placed on a lot in an existing manufactured horse park or subdivision provided the
anchoring and the elevation standards of division (AX8) of this section arc met.
(7) r4ddWonx0mproswmerirs.
(a) Additions and/or improvements to pre -FIRM structures whereas the addition and/or improvcmcnis in combination
With any interior modifications to the existing structure:
1. Are not a substantial improvement, the addition andlar improvements must be designed to minimize flood damages
and must not be any more rem -conforming than the existing structure.
2. Are a substantial improvement, both the existing structure and the addition and/or improvements must comply
with the standards of division (A)(1) of this section.
(b) Additions to past -FIRM structures with no modifications to the existing structure other than a standard door in the
common wall require only the a ldition to comply with the standardsof division (A)(l) of this section.
(c) Additions and/or improvements to post -FIRM structures whereas the addition and/or improvements in combination
with any interior modifications to the existing structure:
1. Are: not a substantial improvement, the addition antVor improvements only must comply with the standards for new
constriction.
2. Area substantial improvement, both the existing structure and the addition and/or improvements must comply with
the standards of division (A)(1) of this section.
(8) +Wane faciumd hosiers:
hrlrr•rjZ;t�rnr�r nw.tnrrnl n...w..rnl....n�:.,�wl.-..s ......a....a ...,.... •7!r MA1 f

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 21 of 25
(a) New and rcplicod manufactured homes shall be elevated such that the reference level of the manufactured home is
elevated at leas) one foot above the community base flood elevation.
(b) Manu factured homes shall be anchored to prevent notation. collapse, or lateral movement. For the purpose of this
naquiremcm manufactured homes must be anchored to resist flotation, collapse, or lateral movement, either by certified
engineered foundation system, or in accordance with the regulations for mobile homes and modular housing adopted by the
Commissioner of lnsurrnce pursuant to G.S. § 143-143.15. Additionally. when the ckvation would be met by raising the
chassis at least 36 inches or less abovc the grade at the site. the chassis shall be supported by reinforced piers or other
foundation efemem.s of at least equivalent strength. When the elevation of the chassis is above 3,6 inches in height an
engineering certification is required.
(c) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or
substantially damaged manufactured home parks or subdivision located within the Special Flood Hazard Area. This plan shall
be fled with and approved by the Fioodplain Administrator and the local Emergency Management Coordinator.
(d) All enclosures or skirting below the lowest floor shall meet the requirements of division (A)(4) of this scction.
(9) RecreatFo+tal iwbkles sh oll eitijet
(a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recncational
vehicle is ready for highway use Wit is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities, and has no permanently attached additions). or
(b) Meet all the requirements for new construction.
(10) 1'ePWm- y-gructures. Prior to issuance of a floodplain development permit for a temporary structure the following
requirements must be met:
(a) All applicants must submit to the Floodpiain Administrator a plan for removal ofsuch stmeture(s) in the event of a
hurricane or flash flood notification. The plan must include the following information:
1. A specified time period for which the temporary use will be permitted. The time specified may oat exceed 90 days
and is renewable up to one year.
2. The name, address, and phone number of the individual responsible for the removal of the structure;
3. The time frame prior to the event at which a structure .will be removed;
4. A copy of the contract or other suitable instrument with a trucking company to ensure the availability ofremoval
equipment when needed; and
S. Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure
will be removed.
(b) The above information shall be submitted in writing to the Floodplain Administrator for review and written
approval.
(11) Acrexsmy structure. Whcn acccssor), structures (sheds detached garages. and the Iikc), arc to be placed in the
floodplain the following criteria shall be met_
(a) Accessory structures shall not be used for human habitation (including working. sleeping. living. cooking or
restroom areas);
(b) Accessory structures shall be designed to have a low flood damage potential;
(c) Accessory structures shall be firmly anchored in accordance with § 15LWA)(1�
(d) Service facilities such as electrical shall be elevated in accordance with § 151.64(A)(3);
(e) Accessary structures shall have hydrostatic openings per division (A)(4) of this section;
(f) Accessory structures under 1s0 square feet do not require an elevation or floodprooftng certificate;
(g) Accessory structures shall not be temperature -control led; and
(h) Accessory structures will require a floodplain development permit and a building permit.
(12) All patting areas for new or substantially improved non -single family habitable buildings must be at an elevation
such that water depths would be lefts than six inches deep in any parking space during the occurrence of a community base
flood.
(Ord. passed 3-2r09)
htrn•I Uhrary arnlPonl rnminincrrinsclonl_rnnfPnl ncnw Wrin(I16

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 22 of 25
§ 151.62 LEVEES.
In all Community and FEMA Special Flood Hazard Areas where community and FEMA base flood elevation data have bocn
provided, the following provisions for levees are required as set forth in § 151.08.
(A) General levee regtrirermemrs-
(1) Levees will be treated as development in the floodplain and are subject to all applicable sections of this chapter.
(2) The primary purpose of a levee must be to protect habitable buildings from flooding above the lowest floor from a
community base flood event. Howevcr, the protection of buildings that are not habitable buildings or habitable buildings that
flood in less than the community base flood event are permissible incidental results of the location of the levee.
(3) With the exception of a levee that protects a building or feature that must be located in the vicinity of a stream to be
functional such as a stream monitor; watcrlsewer facility or other uses approved by the Floodplain Administrator, levees
require the approval of the Director of Mecklenburg County Storm Water Services, or his or her designm regardless of their
location within the Community Special Flood Hazard Area (entire floodplain).
(4) With the exception of a levee that protects a building or feature that must be located in the vicinity of a strearn W be
functional such as a stream monitor, water/sewer facility or other uses approved by the FloodpWn Administrator, the owner of
the levee and the Director of Mecklenburg County Storm Water Services, or his or her designee, shall conduct an open house
forum prior to oonsideration of approval. The open house forum initiates a 30-day comment period for the Director or his or
her designee to receive comments from the public.
(3) Owners of land adjacent to a proposed levee shall be notified of the open house fonun and be provided an opportunity
to submit written comments during the 30-day oomment period. Notification is to occur through regular mail, as well as a sign
being placed at a conspicuous place at the creek and along the public and private road(s) of the properties that would be
protected by the proposed levee.
(6) After the and of the 30-day comment period, but no more than 60 days from the end of the comment period. the
Director shall approve or disapprove the application or request more information from the owner of the levee. If the Director
detemines that the additional information is sufficiently significant, the Director may offer an additional 30-day comment
period to all parties involved. Consistent with § 151.73, the Director's decision may be appealed to the boning Board of
Adjustment.
(7) Regardless ofwfiethcr the proposed levee would meet FEMA certification requirements, floodplain lines and flood
elevations will not be modified based on the location, performance or any other aspects of the levee.
(B) Levee po-mitting requhrmenrs. Prior to the issuance of a fioMplain development permit for construction of a proposed
levee, the applicant must submit the following information in writing to the Floodpfain Administrator for review and written
approval-
(1) Plans arWor speci fications showing the location of the proposed levee is as far away from the adjacent creek as
reasonably possible,
(2) A copy of the written approval for the levee received from the Director of Mecklenburg County Storm Water
Services;
(3) Verification of notification to owners of land adjacent to the proposed levee (those within 300 feet of the property
lines of the parcel on which the proposed levee is to be located or within a distance equal to the length of the proposed levee,
whichever is greater), notification is also to include properties that are in the Community Special Flood Hazard Area and
within the hydraulic modeling limits as described below;
(4) Copies of aid written comments received from property owners referenced above;
(5) Hydrologic and hydraulic flood models showing the proposed -conditions if the levee is proposed to be located within
the community encroachment area and that accounts for the future construction of other levees;
(6) A eery of the contract with the entity responsible for construction of the proposed levoc.
(7) A copy of the maintenance plan for the levee which has been certified by a North Carolina professional engineer.
which shall include a description of time process by wfiich the levee ►► ill be inspected annually and provide for updated plans to
be provided annually to property owners and residents intended to benefit from the levec.
(Ord. passed 3-2-09)
LEGAL STATUS PROVISIONS
Itrn,•lAfl,rari► ornlareel --.. '714 inn► 4

CHAPTER 151: FLOOD DAMAGE' PREVENTION Page 23 of 25
§ 151.75 LEGAL STATUS PROVISIONS.
(A) Effect on riglus and liabilities under rlre exisring floodrvay ► egulalions
(1) This chapter in part comes forward by ro-enactment of some OHM provisions of the flood►ray regulations enacted
June 1, 1986 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption
such existing provisions. so that all rights and liabilities that have accrued thereunder arc reserved and may be enforced. The
enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood
Damage Prevention Ordinance enacted on June 1, 1986 which are not reenacted herein, are repealed.
(2) The date of the initial Flood Damage Prevention Ordinance for Mecklenburg County is December 4. 1972.
(B) Ffferi upon ourslandingJloodplain detvlopmnrpermirs.
(1) Nothing herein contained shall require any change in the plans, construction, sins: cc designated use of any
development or any part thereof for which a flo odplain development permit has been granted by the Floodplain Administrator
before the time of passage of the Foodplain regulation ordinance eodificd herein; provided., however, that when construction is
not begun under such outstanding permit within a period of two years subsequent to passage of the ordinance codified herein
or any revision thereto, such permit shall become void and construction or use shall be in conformity with tlw provisions of
this chapter.
(2) Any applications) for a foodplain development permit received prior to the effective date of these floodplain
regulations shall be reviewed under the regulations in effect at the tirne of the initial application. Any incomplete application
(s) for a foodplain development permit will be valid only for 90 days after the Floodplain Administrator has requested
additional information from the applicant or his or her agent. If 90 days after the owncr or his or bar agent has received the
request for additional information the applicant has failed to submit reasonably complete information that demonstracs a good
faith effort to provide all the additional information requested, as determined by the Floodplain Administrator, the application
will become void. Any subsequent submittals will be considered as new applications and reviewer! under the regulations in
effect on the date the subsequent submittal is received by the Floodplain Administrator.
(C) Expiration ofjloodplain deiviep wnr per►rrirs imeed aflrrfloodpdain regulation adoption.
(1) Individual Floodplain Development Permits issued pursuant to this chapter expire two years after the dale of issuance
unless (i) the work has commenced within two years after the date of issuance. or (ii) the issuance of the permit is legally
challenged in ►vbkh case the permit is valid for lwe years alter the challenge has been resolved.
(2) Any incomplete appiicmion(s) for an Individual Floodplain Development Permit will be valid only for 90 days after
the Floodplain Administrator has requested additional information from the applicant or hisor her agent. If 90 days after the
o►►mcr or his or her agent has received the request for additional information the applicant has failed to submit reasonably
complete information that demonstrates a good faith effort to provide all the additional information requested, as determined
by the Floodplain Administrator, the application will become void. Any subsequent submittals will be considered as new
applications and reviewed under the regulations in effect on the date the subsequent submittal is received by the Floodplain
Administrator.
(Ord. passed 3 2-09)
$ 151.99 PENALTY.
Violation of the provisions of this chapter or failure to comply with any of its requirements• including violation oreonditions
and safeguards established in oonnection with grants or foodplain development permits, variances or special exceptions. shall
constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon
conviction thereof be find not more than S500 or imprisoned for not more than 30 days. Each day such violation continues
shall be considered a separate offense. Nothing herein contained shall prevent the town or the Floodplain Administrator from
taking such other lawful action as is necessary to prevent or remedy any violation. including but not limited to socking
injunctive relief. orders of abatement, or other similar equitable relief.
(Ord. passed 3-2-09)
APPENDIX A: FEMiA FLOODPLAIN CROSS-SECTION
holm Illyhrarar amlom.0 nano 71517f116

CHAPTER 151: FLOOD DAMAGE PREVENTION Page 24 of 25
FEMA
FLOODPLAIN CROSS—SECTIOIN
r� se�oAw�r�R - nOOO•M+r Owewwr , ►u0p6 rwr/oe «�
V'iCaowu Po+crwewtrrc rr+u) wwG
HO rRtoAa�rrscew+cs w�u7wl6) �
niOTC
4 lusa►nwn ms of O S PCW e% ens I00Nwor 01t od
@ts.upn :s wbwwwd by aw placsrom al IhsFlow rmr."
IGI n ihs
(Ord. pissed 3-2-09)
APPENDIX B: FLUNI VLOODPLAIN CROSS-SECTION
}l}tf7•�i��}tl'APcr OM104'1111 ^nnW 17tc MAIL

CHAPTER 151: FLOOD DAMAGE PREVENTION
Page 25 of 25
5
674
qu
Qxrm n ty r-amoo f -
•+ .
irhlSc�C h'Cd +
• •• • t
i J�
Y.1.f11 ?%VdTWiy rr.
rncM'Khm9r* Arr,S
rtmA. rlooa Fnnep I
ArW
-•�
Cmrovchncrrt Ares
L
st
F!MA'SP aaG IRppd '
Mamra Aw
comr+umty 5pawl
FwQgd i=rd A08a
&I. A-zx
on
(Ord. passed 3-2-09)
rE+M N*00*,y
!.hr F
±AT+zur.�yy
Erx-rO,=hmeAt Lime
/ FEMA Rood
c&rr..ursity mood
rrngc Line:
ftttn-blihraru amleoal rnsnlalnerrintcloPt-rnstiPttt A, my
7/1;/,>n 1 r

R Griffin Brothers Co.
Green 'h IYUSte Solutions
Ordinance Article 151.46.E
Date: 7/21/2016
B. The fact that the property could be utilized more profitably or conveniently with
the variance than without the variance shall not be considered as grounds for
granting the variance.
Granting the requested variance is the most responsible course of action in
relation to this site environmentally and operationally for several reasons. The proposed
storm water management basin system and piping will act as a conduit for the stream as it
crosses through the property. The pipe will ensure that no water touches the landfill
debris. The basin system will help regulate the flow of the stream. Additionally, it will
prevent any sediment from the landfill from entering the stream. Further, the applicant,
upon receiving this and two other variances, is proposing to line and cap the facility. This
will add an additional layer to prevent water from touching the landfill debris.
Accomplishing this is best for the community and environment. The applicant has arrived
at these conclusions through conversations with and guidance from professional
engineers and professional hydrologists.

16I0EED%-,
ENGINEERING
August 1, 2016
Meredith M. Nesbitt, Planner
Town of Huntersville Planning Department
Post Office Box 664
Huntersville, North Carolina 28070
Re: Variance of Floodzone Ordinance
Greenway Waste Solutions, LLC
North Meck Landfill
Dear Ms. Nesbitt:
9731-F Southern Pine Blvd.
Charlotte, NC 28273
tel: [phone]
fax: [phone]
www.JoyceEngineering.com
On behalf of Greenway Waste Solutions (GWS), Joyce Engineering, Inc. (JOYCE) is
pleased to submit this letter to request a conditional approval of a Variance of Floodzone
Ordinance (Variance) at the North Meck Landfill in response to the Town of Huntersville's
comments dated July 28, 2016. As background, GWS is proposing to expand the North Meck
Landfill to maximize waste disposal capacity by filling in the valley between the two existing
landfill areas. The filling of the valley is intended to maximize waste disposal within the limits of
the property (parcel) without expanding the waste footprint toward neighboring parcels. Please
note that GWS has exhausted all other areas available onsite, outside of the floodplain area, to
develop the landfill. The development of the floodplain area is critical for the expansion in terms
of the gained airspace and the environmental impact of the project. Moreover, the local and State
buffer requirements consume that majority of the available area to construct the landfill,
therefore an infill expansion of the valley is the only available option.
At this time, GWS is seeking your conditional approval of this Variance. As we discussed
earlier, the infill landfill expansion area is in the fringe and not the floodway, therefore the
Federal Emergency Management Agency (FEMA) will not require GWS to conduct a no -rise
study. However, NC Department of Environmental Quality (DEQ) Solid Waste Section will
require a variance to fill in the floodplain prior to issuing a Permit to Construct for the new
expansion. According to NC DEQ Rules: "A C&D landfill must not be located in a 100-year
floodplain unless a variance for the facility has been issued in accordance with G.S. 143-
215.54A."
The landfill expansion will be designed to have a neutral and most likely beneficial
impact to the floodplain storage area; however this cannot be factually supported without
conducting an extensive modeling of the project site for pre and post development conditions.
We believe that this study is premature at this early stage due to the multiple State and Federal
Agencies that will be involved in permitting this site in the near future. However, a conditional
approval of this Variance by Town of Huntersville can be contingent on conducting such a study
in the future and the approval of other State and Federal Agencies. The environmental study will
provide factual evidence, and it will be presented to the State and Federal Agencies as well as the

Meredith M. Nesbitt
August 1, 2016
Page 2 of 2
Town of Huntersville and signed off on by a Professional Engineer. The following are some of
the proposed design parameters that will be considered to minimize the impact of the project:
• On -site stormwater and sediment control basins will be designed to handle the
run-off from all developed areas on the GWS property. The basin(s) will be
designed to handle the 25-year, 24-hour storm as required by NC DEQ;
• Off -site stormwater and sediment control basin(s) will be designed to handle the
run-off from the neighboring Commerce Station that typically flows through the
intermittent (or ephemeral) stream to be piped. GWS is currently negotiating the
location of the basin(s) with neighboring owners and developers; and
• The stream will be piped using oversized culverts. These oversized culverts will
be able to handle some of the rising water during a 100-year storm, therefore
acting as a flood storage area.
The assessment of the aforementioned design parameters, as well as others, will be
completed as part of the future environmental study. At this stage, JOYCE believes it is
premature for GWS to spend the time and resources to complete this study prior to securing the
approval of the conceptual design of this project by Army Corps of Engineers, NC DEQ Solid
Waste Section and NC DEQ Division of Water Resources.
Please do not hesitate to contact us during the review process with any questions or
comments you may have. We look forward to working with you to get this Variance approved.
Sincerely,
JOYCE ENGINEERING, INC.
a, I /b�a ws
Amy R. Davis, PE
Senior Project Consultant
cc: John Brown, Greenway Waste Solutions
Macon Carroll, Greenway Waste Solutions
Mike Griffin, Greenway Waste Solutions
Bradley Priest, Town of Huntersville
.JLJ t `�
ENGINEERING

&iLJJ L
Ef C31"EER?1VC3
August 31, 2016
Meredith M. Nesbitt, Planner
Town of Huntersville Planning Department
Huntersville, North Carolina 28070
Re: Variance of Floodzone Ordinance
Greenway Waste Solutions, LLC
North Mecklenburg Landfill
Dear Ms. Nesbitt:
9731-F Southern Pines Blvd.
Charlotte, NC 28273
tel: [phone]
fax: [phone]
www.j oyceengineering.com
On behalf of Greenway Waste Solutions (GWS), Joyce Engineering, Inc. (JOYCE) is submitting
this letter explaining the benefits of this Project.
The conceptual design of the GWS landfill, as requested in the variance application, creates
approximately 4.OM cubic yards of disposal volume. By denying a variance to fill over the
floodway, the landfill's disposal volume is reduced by 50-60% (a volume loss greater than
2,000,000 cubic yards). This loss of disposal volume reduces the potential revenue by 50-60%.
A 50-60% loss of revenue causes the project to be financially infeasible. The site conditions and
the nature of the permits required for this project results in capital costs for engineering,
permitting, construction and closure of a 2.OM cubic yard landfill to be 80-90% of the cost of a
4.OM cubic yard landfill. However, the revenue will only be 40-50% of what is needed to design,
permit and construct these features.
The engineered site features, namely liner and leachate collection system, final closure cover
and floodway enhancements, will improve the sites ability to protect the public health and the
environment in this community. Additional benefits as a result of designing the
landfill over the 'special flood hazard area' verses around it include: Better separation of waste
and cover soil erosion from the stream, a continuous liner and final closure cover over the
entire facility, significant operational benefits, and a more stable stream channel as a result of
the engineered floodway improvements.
As with any project of this nature, all engineering designs and construction will require
approvals from NC DEQ and US ACOE before permission is granted to construct and operate
this expanded facility. Discussions have been held with the NC DEQ regarding all of the required
permits; however, the first step in the process of obtaining all required approvals is getting the
Town of Huntersville's approval of this project.

Ms. Meredith Nesbitt
August 31, 2016
Page 2
If you have any questions regarding my explanation of the Project's benefits, please do not
hesitate to contact me.
Sincerely,
JOYCE ENGINEERING, INC.
Leonard Joyce, PE
President
cc: John Brown, Greenway Waste Solutions
Macon Carroll, Greenway Waste Solutions
Mike Griffin, Greenway Waste Solutions
Bradley Priest, Town of Huntersville

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Meredith Nesbitt, Planner I
Subject: V16-02, Part 3 - Greenway Waste Solutions
VA16-02, Part 3: The applicant, Greenway Waste Solutions, is requesting a variance from Article 9.23.4.c, Off -Site Landfill Clearing and
Inert Debris (LCID) and Construction and Demolition (C&D) Landfills in order to be allowed to fill in a Special Flood Hazard Area and disturb
a 50' buffer from a delineated stream.
ACTION RIDCONtMMED:
Hold a hearing and take action
FINANCIAL IMPLICATIONS:
ATTACHM ENTS:
Description Type
❑ Part 3 -Staff Report Staff Report
❑ Exhibit 1 — Variance Application Staff Report
❑ Exhibit 2 - Variance Case Flow Chart Staff Report
❑ Exhibit 3 - Article 9.23 C&D Landfill Conditions Staff Report
❑ Exhibit 4— 2009 Special Use Permit Approval Letter Staff Report
❑ Exhibit 5 —Approved Development Map Showing Site Location Staff Report
❑ Exhibit 6 - TIA Determination - 3-29-16 (Addition of Recycling Building) Staff Report

Case #:
Address:
Parcel #:
Acreage:
Property Owner/Applicant:
Owner/Applicant Address:
Staff:
Board of Adjustment
C&D Landfill Conditions Public Hearing Staff Report
August 09, 2016
V 16-02 (Part 3)
Greenway Waste Solutions, LLC
V 16-02, Article 9.23.4.c
15300 Holbrooks Road
019-101-02
135.18 ac
Greenway Waste Solutions, LLC
19109 W. Catawba Ave, Suite 110 Cornelius, NC 28031
Meredith Nesbitt — Planner I
The applicant, Greenway Waste Solutions, is requesting a variance from Article 9.23.4.c Off -Site Landfill Clearing and
Inert Debris (LCID) and Construction and Demolition (C&D) Landfills (below), in order to be allowed to fill in a
Special Flood Hazard Area and disturb a 50' buffer from a delineated stream.
c). Neither clearing, grading, land disturbing activities nor any portion of a C&D or LCID landfill
may be located within 100 feet of any exterior properly lure. Further, the buffer requirements for
the site are required per the state permitting cirteria. The requirements stated below take
precedence aver any and all modification made by the state unless the state standards become
more restrictive,
- 500-foot buffer from existing residential water supply wells to fill area.
- 200-foot buffer from adjacent property to fill area.
- No fill in designated wetlands or the FEMA and/or- Community Special Flood Hazard Areas.
- 50-foot buffer from delineated streams.
- 50-foot buffer from road right-of-way to fill area (iron state requirement).
TNo-o
1. .r a�
H Ebro �
^� � °ks Ra � � ,►
1 a it
TR
r'
SITE 1 A
D ~�
cr
C
CoR
.. ,, 1- Future derhrn
--.- oeff br.$Xt
---
1 �
,
,
Tr of e
NORTH CAROLINA
VA 16-02
Greenway Waste
Zone :
NR&TR
Applicant:
Greenway Waste Solutions
+/ 135 Acres
Parcels:
01910102
01918135
01918162
01934118
01910109
TR Transitional Residenha!
NR Neighborhood Residential
ca Corporate Business
a
0 N 1,000
Feet

Board of Adjustment
C&D Landfill Conditions Public Hearing Staff Report
August 09, 2016
BACKGROUND:
1. The subject property, 15300 Holbrooks Road is zoned Neighborhood Residential (NR) and Transitional
Residential (TR). The property is currently being used as a Construction and Demolition (C&D) Landfill.
2. April 27, 2016, Greenway Waste Solutions submitted a Special Use Permit and Rezoning application. This request
is to rezone the property from NR/TR to Special Purpose (SP) Conditional District in order to expand the current
C&D Landfill. In seeking the Rezoning then Special Use Permit approval, the applicants are seeking to pipe a
stream running across their property and expand the C&D landfill over the stream (Exhibit 1, page 3-12) In order
to move forward with the Rezoning and Special Use Permit process the applicants must obtain the following
variance (see Exhibit 2) approvals from the Board of Adjustments:
Zoning Ordinance Article 8.25.5 SWIM (Surface Water Improvement and Management) Stream
Buffer Minimum Buffer Widths (Not a part of this variance report, see part 1)
o " All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-
foot vegetated buffer including a 10-foot zone adjacent to the bank. All streams draining
greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer and
streams draining greater than or equal to 300 acres and less than 640 acres shall have a 50-
foot buffer."
Flood Plain Ordinance Section 151.60(A)(10) (Not a part of this variance report, see part 2)
o "Construction of new solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted except
by variance, in Special Flood Hazard Area"
Zoning Ordinance Article 9.23.4. c (Subject of this Variance Report)
o "No fill in designated wetlands or the FEMA and/or Community Special Flood Hazard Areas"
o "50-foot buffer from delineated Stream"
3. A Construction and Demolition (C&D) Landfill must meet specific conditions outlined in Article 9.23 of the
Zoning Ordinance (Exhibit 3).
4. The applicants would like to obtain a variance to relieve the requirement of Article 9.23.4.c, therefore allowing
them to disturb (pipe the delineated stream and fill) the required buffer along the stream running through their
property and fill in the Floodplain.
5. Update 9/13/16: Staff contacted Mecklenburg County Solid Waste Management just prior to the public hearing for
the Rezoning request in order to ascertain if there were any environmental issues or violations with the subject
landfill. The County stated that there have been reports of off -site contamination at the landfill but we would need
to contact the North Carolina Department of Environmental Quality (NCDENR is now known as NCDEQ) for
further information and details.
STAFF FINDINGS (ordinance standards are in italics):
Please see Exhibit 1 for the applicant's responses to the required criteria for granting a variance.
In considering any variance request, the following Standards for Granting a Variance (Article 11.3.2.e) must be addressed
with findings of fact:
Standards for Granting a Variance. When unnecessary hardships would result from carrying out the strict letter
of a zoning ordinance, the Board ofAdjustment shall vary any of the provisions of the ordinance upon a showing
of all of the following:
1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
Relevant Staff Findings of Fact:
A. The Zoning Ordinance offers relief with Board of Adjustment action (found in Article 8.25.11) from
required SWIM buffer widths provided a mitigation plan has been approved.
B. The Floodplain Ordinance offers relief with Board of Adjustment action (found in Section
151.60(A)(10)) allowing fill in a Special Flood Hazard Area.

Board of Adjustment
C&D Landfill Conditions Public Hearing Staff Report
August 09, 2016
C. According to US Census data found in the Huntersville 2030 Community Plan "from a population of
just 3,014 in 1990, to a 2010 Census population figure of 46,773 residents, the Town has seen an
increase of 1,452% in just 20 years". As a result of this growth, substantial Construction and Demolition
debris is generated in Huntersville's jurisdiction.
D. According to the application, "as a result of the ordinance the long term potential life of the landfill site
will be cut in half and have to close prematurely" (Exhibit 1).
2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for granting a variance.
Relevant Staff Findings of Fact:
A. This C&D landfill is the only C&D landfill in Huntersville's jurisdiction. The site contains a SWIM
buffer running through the center of the site and floodplain on the eastern property line.
B. According to the application, "the topography and no fill hardship prohibits the ability to increase the
landfill capacity by joining the two permitted areas. The proposed solution better manages water through
concrete encased pipe" (Exhibit 1).
3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that mayjustify the granting of a variance shall not be
regarded as a self-created hardship.
Relevant Staff Findings of Fact:
A. Greenway Waste at North Meck has been in operation since June 1993.
B. C&D regulations were added to the Zoning Ordinance in January 2000.
C. According to the application, "unlike other portions of the zoning ordinance Article 9.23 does not
include built in relief options" (Exhibit 1).
4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
Relevant Staff Findings of Fact:
A. Section 8.25.11 of the Zoning Ordinance provides for disturbance of a SWIM buffer with a variance and
approved mitigation plan.
B. Section 151.60 (A)(10) provides for a landfill to be located be located in a floodplain with a variance.
C. If the variance is approved this would be just one part of the approval process in which the applicant is
seeking. After obtaining BOA approval, the applicants will have to seek approval for a Rezoning to
Special Purpose District and Special Use Permit for a C&D Landfill from the Town Board of
Commissioners. In addition, the applicant will have to obtain environmental approval from North
Carolina's Department of Environmental Quality (NCDEQ) Water Quality Division, NCDEQ Solid
Waste Division, and the US Army Corps of Engineers.
D. According to the application, "the applicant will create a permanent storm water management system
that will improve the flow and decrease likelihood of a flood in the area as compared to existing
conditions." Furthermore, according to the application, "This system will meet the requirements and
criteria of Mecklenburg County Storm Water standards and require a floodplain development permit"
(Exhibit 1).
E. The landfill utilizes Holbrooks Road for its only access point to the site. Based on an application
submitted to the Town the applicant was not required to study the traffic impact as part of their request
to expand. (Exhibit 6).
F. Holbrooks Road is also fronted by single-family residential homes and a park.
G. In 2009, a Special Use Permit was approved by The Town Board, which required the applicant to
reserve right-of-way for a future connection (Exhibit 4).
H. The Town of Huntersville has a defined proposed thoroughfare (Verhoeff Drive extension) running
south of the site (Exhibit 5).
I. The Town of Huntersville has conceptual plans to connect the site off future Verhoeff Drive extension
giving the landfill another access, ultimately eliminating truck traffic on Holbrooks Road.
J. Currently the landfill can operate until approximately 2034 using Holbrooks Road or another access, if
provided to the south.

Board of Adjustment
C&D Landfill Conditions Public Hearing Staff Report
August 09, 2016
K. Update 9/13/16: In conversations with NCDEQ staff was informed of the following:
a. The Greenway Solutions Landfill on Holbrook Road has been found to exceed state
regulatory limits of various groundwater and surface water contaminants and methane
gas since 2013. Further, a Notice of Violation was issued on September 16, 2014 to
the landfill due to an encroachment upon their required state mandated buffer to the
east of the property. As of now, the landfill remains in violation of the required buffer.
b. It appears the constituents leaching from the landfill have contaminated multiple
drinking water wells adjacent to the subject property. Two parcels were purchased
(including one residence) by the landfill and two homes were added on to municipal
water service due to the groundwater contamination. According to NCDEQ, the
applicant has been cooperative with the state in installing both shallow and deep
groundwater monitoring wells and methane gas monitoring wells, in an effort to
analyze and find the nature and extent of both the groundwater contamination and the
methane gas exceedances. The applicant has also been cooperative in addressing the
immediate issue of the contamination of the adjacent drinking water wells as discussed
above. The monitoring and analyzing of both the groundwater and methane gas
contamination is ongoing. At this time, there are still many unknowns in regard to the
nature and extent of the existing groundwater and surface water contamination and
potential methane gas migration. Once the nature and extent is more fully understood,
NCDEQ will require mitigation plans for the applicant to begin contamination cleanup
of both the active fill area, and the fill area that is closed out and inactive (which is
under a different set of state rules). Contamination has also been found in the
groundwater monitoring wells near the stream, and recently in the surface water
sampling of the stream that is being proposed to be piped and covered with the
expansion.
STAFF CONCLUSIONS:
The applicants are seeking a variance from Article 9.23.4.c Off -Site Landfill Clearing and Inert Debris (LCID) and
Construction and Demolition (C&D) Landfills, in order to be allowed to fill in a Special Flood Hazard Area and disturb
a 50' buffer from a delineated stream. Based on the summary of findings, staff concludes that the applicant does not meet
the criteria for a variance to disturb a 50' buffer from a delineated stream or for a variance to fill in a Special Flood Hazard
Area. Therefore, staff does not support granting a variance to disturb a 50' buffer from a delineated stream or support
granting a variance for fill in a Special Flood Hazard Area based on:
1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
Staff Conclusion of Findings:
The Zoning Ordinance offers relief (with Board of Adjustment action), found in Article 8.25.11 from
required SWIM buffer widths provided a mitigation plan has been approved. On June 24, 2016,
County Storm Water Services approved the applicants proposed mitigation technique of mitigation
credits. The Floodplain Ordinance also allows fill within a floodplain with the approval of a variance.
However, staff concluded all the criteria was not met to grant a variance from the Floodplain
Ordinance.
2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for granting a variance.
Staff Conclusion of Findings:
This C&D landfill is the only C&D landfill in Huntersville's jurisdiction. The site contains a SWIM
buffer running through the center of the site and floodplain on the eastern property line. As such, the
C&D landfill conditions and environmental features are peculiar to this property.

Board of Adjustment
C&D Landfill Conditions Public Hearing Staff Report
August 09, 2016
3) The hardship did not result from actions taken by the applicant or the property owner. The act ofpurchasing
property with knowledge that circumstances exist that may justify the granting of a variance shall not be
regarded as a self-created hardship.
Staff Conclusion of Findings:
Greenway Waste Solutions' North Meck Landfill has been in operation since 1993, before the
adoption of SWIM buffer requirements.
4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
Staff Conclusion of Findings:
Section 8.25.11 of the Zoning Ordinance provides for disturbance of a SWIM buffer with a variance
and approved mitigation plan. The applicants have proposed a mitigation plan, which at this time
utilizes mitigation credits, to offset the effects of impacting the SWIM buffer. The proposed
mitigation plan has been reviewed and approved (see part 1 SWIM Buffer variance for approval
letter) by Mecklenburg County Storm Water Services staff. Staff recommends that the outstanding
concerns of Holbrooks Road being the only access to the landfill can be addressed through the
Rezoning and Special Use Permit process. However, there are still many unknowns in regard to the
nature and extent of the existing groundwater and surface water contamination and potential methane
gas migration. Once the nature and extent is more fully understood, NCDEQ will require mitigation
plans for the applicant to begin contamination cleanup of both the active fill area, and the fill area that
is closed out and inactive (which is under a different set of state rules). Contamination has also been
found in the groundwater monitoring wells near the stream, and recently in the surface water sampling
of the stream that is being proposed to be piped and covered with the expansion. This the unknown
of the ground water and surface water contamination and potential methane gas migration staff does
not feel the intent of the Ordinance or public safety is secured.
Furthermore, staff does not find that filling in Special Flood Hazard Area meets the spirit and purpose
of the Ordinance because all the criteria for granting a variance from the Floodplain Ordinance are not
satisfied, see part 2 (Floodplain Ordinance Staff Report) for more details.
Exhibit 1—
Variance Application
Exhibit 2 —
Variance Case Flow Chart
Exhibit 3 —
Article 9.23 C&D Landfill Conditions
Exhibit 4 —
2009 Special Use Permit Approval Letter
Exhibit 5 —
Approved Development Map Showing Site Location
Exhibit 6 —
Traffic Impact Analysis (TIA) Determination

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Fee: $150 (Residential)
$300 (Commercial)
Property Owner Information
Name:
Address:
Email
Phone No.
Location of Property/Building
Address:
Tax Parcel ID (PIN) Number(s):
Text of Ordinance to be varied
Ordinance:
Submittal Requirements
Article:
Variance Application
Date:
Applicant Information (if different)
Name:
Address:
Email:
Phone No.
Parcel Size:
Section:
The following must be submitted with the completed application (signed and dated by the property owner and/or
applicant):
• One (1) hard copy and one (1) electronic copy of any applicable map(s), site plans, exhibits, and applications
showing exact location of property with respect to existing streets, adjoining lots and other important features on
or contiguous to the property. Also, include any maps and/or illustrations (to scale), which are necessary to show
the location, number and size of buildings, signs, etc., on the property.
• A list of names, addresses and tax parcel identification numbers of properties that abut the site, are across the
street from the site or are otherwise within one hundred feet (100') of the site. (Electronic format is preferred)
Page 1 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Notifications Requirements
Variance Application
Planning Staff will be required to notify in writing each adjoining property owner.
Planning Staff will also be required, if you are seeking a variance from the requirements of the Mountain Island Lake or Lake
Norman Watershed Overlay Districts, to notify in writing each local government having jurisdiction in the watershed and the
entity using the water supply for consumption as follows:
* Mountain Island Lake Watershed Overlay. Local governments having jurisdiction in the watershed: Charlotte
Mecklenburg, Cornelius and Huntersville. Entities using the water supply for consumption: Mecklenburg County, Gastonia
and Mount Holly.
* Lake Norman Watershed Overlay. Local governments having jurisdiction in the watershed: Davidson, Cornelius and
Huntersville. Entities using the water supply for consumption: Mooresville, Mecklenburg County and Lincoln County.
Variance Requirements
STANDARDS FOR GRANTING A VARIANCE (Article 11.3.2.e.):
When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment
shall vary any of the provisions of the ordinance upon a showing of all the following:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to
the neighborhood or the general public, may not be the basis for granting a variance.
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as
a self-created hardship.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is
secured, and substantial justice is achieved.
Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the need for a
variance, may be imposed by the Board (Article 11.3. Le.).
In the following spaces, indicate the FACTS that demonstrates to the Board of Adjustment that you meet all the standards
for granting a variance:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property. The difficulty or
hardship would result only from these regulations and from no other cause, including the actions of the owner or
previous owners of the property.
Page 2 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

Version: July 2015
of
i��.711�,,,TSVIlle
NORTH CAROLINA
Variance Application
2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships
resulting from personal circumstances, as well as hardships resulting from conditions that are common to the
neighborhood or the general public, may not be the basis for granting a variance. The difficulty or hardship is peculiar
to the property and is not generally shared by other properties classified in the same zoning district and/or use for the
same purpose.
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property
with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-
created hardship.
4. The public safety and general welfare have been protected and substantial justice done.
Property Owner / Applicant Certification
I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information
and belief.
2— - - �� * '
Property Owner / Applicant Date
Page 3 of 3
0 2010, Town of Hmt—ville, All Rights Res—ed/FO-PL-030810-14

List of adjacent property owners (for variance)
-within 100ft
• 01910116 Town of Huntersville PO Box 66428070 Huntersville, NC 28070
• 01930104 Arnold W. Johnston 12300 Old Statesville Road Huntersville, NC
28078
• 01930105 Linda Wester Long 7910 Golf Course Dr N Denver NC 28037
• 01934105 Michael and Tracy Tinsley 11737 Trails End Lane Huntersville NC
28078
• 01934118 Greenway Waste Solutions LLC 19109 W. Catawba Ave Ste 110
Cornelius, NC 28031
• 01934108 William and Campbell Hammill 11745 Trails End Ln Huntersville
NC 28078
• 01918135 Greenway Waste Solutions LLC 19109 W. Catawba Ave Ste 110
Cornelius, NC 28031
• 01919102, 01919105, 01919106, 01937103, 01937199, Mecklenburg
County 600 E4th Street 11th floor Charlotte NC 28202
• 01937102 Sherrill's Group LLC 14031 Laurel Trace Dr Ste 1600 Charlotte NC
28273

23.4.e - 50-foot buffer from delineated streams.
23.4.c - No fill in designated wetlands or the FEMA and/or
Community Special Flood Hazard Areas.
1.) Unnecessary hardship would result from the strict application of the
ordinance. It shall not be necessary to demonstrate that, in the absence
of the variance, no reasonable use can be made of the property. The
difficulty or hardship would result only from these regulations and
from no other cause, including the actions of the owner or previous
owners of the property.
a. The inability to impact the 50-foot buffer as the landfill expands and
designated wetlands or the FEMA and/or Special Flood Hazard Areas
from a delineated stream creates an unnecessary hardship for the
property owner and the community alike. As a result of the ordinance
the long term potential life of the landfill site will be cut in half and
have to close prematurely. This variance is one part of the process
that, if approved, will allow for continued existence by increasing the
area for operation. The hardship is that these regulations prevent the
applicant from seeking the required approvals from State and Federal
environmental agencies to pipe the water through the site. Upon plan
approval from these agencies, the applicant will create a permanent
storm water management system that will improve the flow and
decrease likelihood of a flood in the area as compared to existing
conditions. The system will improve flow up and down stream by
providing basins on either end of the pipe. This will help control the
speed of the water. The pipe itself will provide sufficient capacity to
allow water to flow during peak flood conditions. This system will
meet the requirements and criteria of Mecklenburg County Storm
Water standards and require a floodplain development permit. A
buffer mitigation plan has been approved by Mecklenburg County.
The professionally engineered plans and process through which the
applicant will gain ultimate approval will be heavily scrutinized and
coordinated with the State's Department of Environmental Quality
("NCDEQ") Water Quality Division, the Army Corps of Engineers and
NCDEQ Solid Waste Division. Beyond the approval of this variance,
extensive engineering and multiple levels of approval will be needed.
This ordinance threatens to derail this project because local approval
is be required by the State and Federal agencies. Exhibit A provides
detail on the storm water management system and site.
2.) The hardship results from conditions that are peculiar to the property,
such as location, size, or topography. Hardships resulting from personal
circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the
basis for granting a variance. The difficulty or hardship is peculiar to

the property and is not generally shared by other properties classified
in the same zoning district and/or use for the same purpose.
a. The hardship is unique to this site given the surrounding topography
and inability to fill in designated flood area and its use as a
Construction and Demolition ("C&D") landfills. Landfills need large
areas of land with uninterrupted space for optimal site efficiency. The
stream and storm water conveyance, which originates on the Johnston
property immediately to the West, channels water between two
permitted landfilling areas. The topography and no fill hardship
prohibit the ability to increase the landfill capacity by joining the two
permitted areas. The proposed solution better manages water
through concrete encased pipe, as depicted in Exhibit A and B.
Keeping the water isolated to the pipes eliminates the ability for
runoff and material to enter the stream. The plan includes significant
storm water management basins on both ends of the pipe. This
solution will allow for a more environmentally responsible way to
mange water and maximizes the landfill capacity to better serve the
citizens of Huntersville and the North Mecklenburg region. The
specifications of the storm water system and pipe will meet the
requirements of Mecklenburg County.
3.) The hardship did not result from actions taken by the applicant or the
property owner. The act of purchasing property with knowledge that
circumstances exist that may justify the granting of a variance shall not
be regarded as a self-created hardship
a. The hardship was not created by the manner in which the property
has been used. Unlike other portions of the zoning ordinances Article
9.23 does not include built in relief options for buffers requirements,
which presents a hardship for those required to abide by Article 9.23.
In the case of section "c.)" of Article 9.23, it restates the buffers earlier
established in Article 8.25. In Article 8.25 there are options for relief
from these buffer requirements. The applicant believes that this
inconsistency is an unnecessary hardship created by the zoning
ordinance. Further, the concept of relief being spelled out in Article
8.25 indicates that providing relief is within the intent of the overall
Ordinances.
4.) The public safety and general welfare have been protected and
substantial justice done.
a. The public's safety and general welfare are best served by a variance
to this regulation. The community and the North Mecklenburg region
will see an increase in truck traffic as a result of taking C&D debris to
other counties or Mecklenburg County's only other permitted C&D
landfill in South Charlotte. The discontinued use of the site as a C&D
facility will increase the amount of truck traffic by approximately
725,000 miles per year. * Furthermore, 1,183 additional tons or 2.4

million additional pounds of carbon -dioxide would be emitted into the
atmosphere annually." It is in the best interest of the community to
ensure the continued operation of this site. These hardships can be
avoided through a variance. Exhibit C is a map showing proximity to
other locations and Exhibit D shows the routes which will experience an
increase in truck traffic without the facility.
The public's safety and welfare will also be better served as a result of
the proposed piping; given that water will not interact with the
materials during normal flow nor a flood. The applicant will provide
ample capacity for the water to flow through the pipes, before and
after storage basins as well as lining and capping the facility. This
ensures that water will not touch the debris that is deposited in this
area.
*based on 2015 volume with the assumption of an average increase of 20 miles per
truck to the next permitted C&D facility.
**carbon calculator courtesy of the USDOT Federal Transit Administration
**carbon calculator courtesy of the USDOT Federal Transit Administration

�\
30' UNDISTURBED BUFFER
PIPE DESIGN PER MEMORANDUM FROM MECKLENBURG COUNTY APPROX. 32,000 SF I `
DATED J U N E 16, 2016: APPROX. 530 LF
1. THE LOCATION OF THE PIPE IS SUBJECT TO CHANGE.
2. THE DESIGN STORM EVENT IS THE 100-YEAR UNDER FULLY DEVELOPED y� 11 \ \\\I\ //\/ /j\ ) o I /
LAND USE CONDITIONS.
3. INCLUDE 12 INCHES OF FREEBOARD FOR CULVERTS UP TO 3 FEET IN DIAMETER
4. INCLUDE 18 INCHES OF FREEBOARD FOR CULVERTS.GREATER THAN 3 FEET IN
DIAMETER.
5. HW/D < 1.2.
WETLAND FROM/
6. WHEN CONSTRUCTED, FLOOD WATERS SHALL NOT OVERTOP THE PIPE SYSTEM ♦ ` �� \ \\ / 2009 D�LINEAITION
AND CARRY DEBRIS OR SEDIMENT DOWNSTREAM. ♦ J 1 \\ \_a d 6&�) / �
� 0
-
"fir 'j` l \ \ \ \ 10 '�j /
7. A MINIMUM SLOPE WILL BE 0.5% OR THAT WHICH WILL PRODUCE A VELOCITY OF \� r \v / //� ^ / / / ) \ \ \ "\
2.5 FEET PER SECOND WHEN STORM DRAINAGE SYSTEM IS FULL, WHICHEVER IS ,L I / / / / / a y� \ \ \ \ "`\ �SB E
GREATER. ♦ r \ C J / 1 / / / / / I �b ( C& \ \ \ \\ \ \ \ �, �> �- - -
381.20
8. JUNCTION BOXES TO BE INSTALLED IN PIPE AT DIRECTION CHANGES. STRUCTURE 009 "1 �� CIE\ \ \ \ \ \ \ �\ �\
BOX FOR JUNCTIONS TO BE SEALED BY A PROFESSIONAL ENGINEER. O� \\� ` / `/� �7
9. BACK -FILL AROUND THE PIPE UP TO THE REQUIRED FREEBOARD SHALL BE GOOD / ' L ` / I I / I ^1 / I I I C \ \\ \ \ \ \ / / Jp.\0O
STRUCTURAL FILL.
10. PIPE STRUCTURAL CAPABILITIES SHALL BE ABLE TO HANDLE FULL HEIGHT OF SOIL /I)\\ \ \ \ �! _.Z
SURCHARGE. )1 J \ �� / / 00 / / // l I I I I ( it \ \\ \ \ \ \ I \ ♦ PROPOSED STORMWATER
MANAGEMENT AREA
12. EROSION AND SEDIMENT CONTROL PROCEDURES FOR THE SITE WILL BE
IMPLEMENTED TO MEET DEQ REQUIREMENTS.
13. APPLICABLE 401/404/NPDES PERMITS AND FLOODPLAIN DEVELOPMENT / ✓�\ / \ \ ' / / / / / / / \ \ \ l \ \\ \I \ \\ 1 II 1 / `
PERMIT WILL BE OBTAINED AS REQUIRED PRIOR TO CONSTRUCTION.
? /
P/R�POSEb SP L�LW Y
� 9
APPROXIMATE P OSE-D- - _ _ - VG-YkFLOODPLAIN BOU`NDA'AlRxr/ /
/ / / / ��'� `\ \ `\ \ \ \ � \ NEW LIMITS OF WASTE - (FROM �CdUNTY 61S)
cb
EXSTIkQ LANDFILL A /' / � ,, / / ; / / / ❑ ❑ ❑ ❑
/ 50 BUFFER_ - / / /
\ \ \ \, Q \ / 1 / / / (TOB&TAKEN) - / ❑ ❑ ❑
\ \ ` , �'O\ \ \ ( ) APPROX. 100,000-SF _ � � - - � i /
`� �\ � O\ �\ \ `\ \\ / /' /-CPPRO�(. f,00� j - - _ 680- f / ❑/
\ �n /
C/❑ ❑ ❑/ \ \
-
- / , -
/ �\ WETL D FROM 2009 D INEATFE7N J � / / El ❑ ❑ ❑ / -68a ,
PROFOSEbPIPE/CULVERT
EX INGCULVERT/ \ / �� /1 -�
11\ \ RO _OSED STORMWATER - -7 -' / �' /' / ❑ ❑� /' / / / J T \
6072,� 0 \ \ \ � _ , J MANAGEMENT AREA- � � ` - - -APPROXIMATE�AINAGE WA�(
08 - - / El A-0-
El El El
EXIyST r-, CULY"T
'50 UNDISTURBED BUFFER
14,000 SF
130 LF
\APP
ROXIMATE LOCATION
FOR THE PROPERTY LINE
FOR NEW PARCELS
UO \ �� r . - - PR POSED INLET - �2g ❑ ❑'❑ ❑ E, El ❑ ❑J ` t` / / / / �,�g _PROPOSE STOF�MW/TER
SITE LEGEND ` \ CTIOM ANDf / / / . / \ / / / - - / / MANAGEMENT AREA I
❑ ❑ ❑ ❑ PROPOSED PC/SWIM ❑ ❑ ❑/� ❑ \� ��-/� Q� Q� C�ff NEW PARCEL
BUFFER IMPACT r
I
�� ^ Ci, \ v / PROPOSED PIPE / CULV� RT / / / / /
PROPOSED PC /SWIM / ❑ ❑ ❑ C�g� �, ❑ ,�� / / / / / � / / / � �'(-b')
BUFFER PRESERVATION l2S' ❑ ❑
.9 ``�----690'/ -- �I-��/ �p� / / / // / j / �� \\ I \ � I J J NEW PARCEL
N�1.00AC.
PROPOSED STORMWATER 35 UNDISTURBED BUFFER ♦ `\(/ \ �❑ ( _ \ - - - �7- - � - - - /
MANAGEMENT AREA APPROX. 16,500 SF \�� �] ❑ -7�0 ^ _ - - /
APPROX. 186LF \ \ El El--- - ^\---�
\ I I --� --'--- / AND35BU FIE
30 BUFFER ❑ ❑ \ l - - -740- (Tci A
WETLAND TO BE TAKEN ♦ \ 1 \ \ I � \ AP P X,115,000 CU AT SF �'
15,500 SF INDIVIDUAL ♦ El\\ \ \ \ �� - - - - - r -- - \ `\ ROX�1;6 MU IVE LF/�
233LF \ \ \ \ \ �\ 1 r`-760---� 1 I \ -- �a� �/ /� / / / / / I I I ( I ICq
FLOODPLAIN EX'fSTrN� LANDFILL AREA
I
♦ 5� \ APPRC5X1 E E{3- �����°
♦ _ \ \ \ I I I I \ - - \ NEW LIMIT WASTE.- - - - /1A11
_ E PAR(
- - - - - STREAM CENTERLINE \\ I I I 1 - - - -TREE PRESERVATION / ' / / I I �✓ / In r,
_ r I
\ I \ _� - BUFFER LIMITS �1�
- - PROPERTY LINE 30 UNDISTRUBED BUFFER
APPROX. 5,800SF ♦ I \ \- - - - - - - - 0--------
APPROX. 120 LF � � I \ � �/ / / / / 'A*/
�90-------------� �� / 100mriIST�J BUFFER �
X. 77,500 SF
References: APPROXIMATE PROPERTY LINE ♦ \ `�� \ \ _ / / // /j / / / / / / / / / / / APPROX. 750 LF
1. Preliminary plat for parcel provided by Patterson Land Surveying, PA on April 15, 2016. ♦ \ �0- - - - - - - - - - - -
(FROM COUNTY GIS)
2. FEMA 100-year floodplain and SWIM/Post Construction buffers were obtained from Mecklenburg County GIS April 2016.
3. Existing Site topography shown provided by Patterson Land Surveying, PA on April 15, 2016.
4. Stream buffer boundary based on approximate stream centerline provided by Patterson Land Surveying, PA on April 15, 2016. No stream top of bank survey has been performed. \ \ L&
5. Tree survey information was provided to Joyce Engineering, Inc. by Griffin Brothers Companies on May 12, 2016. ♦ �s `
6. Vicinity map was adopted from CEC Special Use Permit Drawing to the town of Huntersville. tiQ ♦
Notes:
1. Property address is 15300 Holbrooks Road, Huntersville, NC 28078. �`90 \ '�9\ \ \ \ I / / / / / / / / / 25' S,ANttARY
2. Areas, Lengths and calculations of stream buffer impacts and corresponding mitigation areas areapproximate and have not been field verified. `�' \ \ \ // / / � / / / / SEW ROEASEMENT
3. Proposed waste area and associated stormwater management areas are conceptual. \ \ \ / / / / / / / i DW5 BOOK 24121
♦ \ \ \ \ \ \\ \\ \ �� / \ �829 / / / / / / / / / /' / / / / / / / /.0i PAGE 355
m
J
C)
o
C
Qi w
w W >
Z Y O
°
m .�
CZ`�
U) W 0-
Q
Lu _ 0-
D D U a
a
0
o
>
Zm
r'- M
N
J
WNp
Z00N
00
r-
�
N �
O
U
` W
Z Z 0
W
WZ)p
J
H�
CL
Of
Z
\
0WZ
O
U
Z
`
U a-
M
W
J
J Q
z
UJ
W0
�U
O�
z�
Q0
vJ z
z>
O1.--
JD
OU
U)
W C�
Q
z
LLI
Q
�U
W W
W
J
Q z
aw0
ofUQ
wQU
Q�O
3W
Q 0-
0� Ln E-L
000
LL_ [)� Lu
zw0
O�
LL
�Z)p
Um �
J �
0-
Q
PROJECT NO.
916.1501.11
SCALE
' AS SHOWN
GRA HIC SCALE DRAWING NO.
0 50 100 200
1
(FEE
0
ca
J
!1,
0
J
0)
3
0
N
W
z
Z)

Exhibit B
(for illustrative purposes only)
PIPE
INSTALLATION
ULIAIL
ENVANREENT MATERIAL OMPACTCO RER IRIOUECT SFECIFICATIOMS
UNOISTURRTR NAVI OR ROR LR1NR1wyIw �Nb.snxN�.vl NnI �Nu�
OF MAMIMUM STANDARD RROCTI
(AST. ROE)
N._d.
F-0' WIN
UNATNT, mR , R!.
OF MAYIMUM STANOARC PROCTOR
(AST. I—)
VNBISTURICO XATNE \
1—�
0-31'
T-
C- 31'
UNDISTURBED NATIVE
1 —0'
I -
UNCOIPAOTED MkTTM L, NO RARTICREI IIROETI TNAX 1'

Exhibit C
wool le Uuam'
Lake Norman
of Cate TO hd
Mooresville Faith
Maiden
China Grove
Landis ShMill gs Rockwell
pulnpkrn
21 Fr�villa
niels Ceiri
li: r t
Mt Mitchell
Bage■ City
C� rnel u: K a'l polls
Lmcalritan
Llthio
Machpels
--' fJ:-11
Springs,
IN
rt
High Shoals
Hun
ncord MI Pleasant
E7
SIB I.'r ain
❑n
Dallas
Mountain
Georgevllle Lamher
Nit H ly J-dz e SIdifS•:i ie
Bessemer
City W
Rama
I1
Gastonia
_. ..--,.•;.,
-Lori-Mc/ltlenv lle
..
%,i_ndr. ir.^ LDcust RedC-
Cramertan Belmont
ills
�.Y Blg L
South
yr
2
StanhNa
rintte Midland Oa
Gastonia
IAarlwoad
f4Wrlers
Acre Clear Creek
ountain Cronelers
Point
Brlet
� Mrnl Hill
ate Park
lain - - Bowling
74
k Green
In. vitl�-cs Fairview
YV90d5 New Salem
Clever
Lak Wyka 29
Matthews emuy
Idge l
la Wyk Pineville Stallings Uniorntile
Fares: La.z
aka Park Watson
Indian Trail
:10 Ram Forest
74
5 167
r
Tega Cay
Weddington Br
armllcl
is r Hook Fart Mill
Weser
Chapel
c
Glee Farm
York
Newport
Monroe 74 Wingate MarsFrville
W Red River
uston
Meader
Merl Leah
Delphis
Lakes Meaica
Miner I
Red Oaks R9 Hill
Waktlaw Sp gs
322
Belle Men
Nanoack Roughedge Stur
Cro-
Leslie
�� Anon
LJ
Mc Gonnells
3?2
peas Mill Cluhsme
Esialei
IRS A
Trinity

Exhibit D
ek Kd 161 rora Airpark 115
u� •
IlRe
15U
Lake Norman
1S2
� ��®
of Catawtaa resviiie
CD
21 1
e 752
rc
China Grave
r 175
boo
15S
MI Mourne
SIKa
Landis
Webbs Lake
Enorhville
16 Normare
rG 21
P
1363
9 Westport Qavrdioi
vane sr
Mt Mncl
� Ry
Cornelius
❑ilv
Kannapolis
C:7
_
115
16
73
Caldwell
Gooks
Grassing
Ichpelah
�.Z.
CD
73 "
►S ©
115 ��
Wil-Mar
If Park
Lawebville
71
yuntersv111e
Concord
Bradford
Allison Ferry Field
c� 3
"q,
Concord
fiQ1 srs
Joplor
nl
273 Mwrlklin
hiland LakeGOV
Rv6erta
7
_
. HarrisburprPlIarrs
RX.Kwell Paw
�
-12r'l phill F1c++�n[5
ale Bernal
Mt Holly Sadyeco �• Statesville
m
Catawba T UP Chem
HelgMs� Mande
mas6oror [`.k
t}
^_unction
Pioneer _
McAdenwille 16
M 1115
merton Belmont 74 21
� -Illy Chaflotte
Hickory
Grove
a
Nhe.,�
74
Wilgrove
i=-«ar
79
s:e Air Park
Clear Creek
�11 1
Marlwood
Pared se Qom
Point � F,anc hr�9nls
Idlewild Acre
3 ..,:li• ;.t•-,ngs
`d. Mint HIII

Variance:
SWIM Buffer Minumum Buffer Widths
(Article 8.25.5)
SWIM Buffer Mitigation Plan: Approved by County
Greenway Waste Solution Request: Rezoning and
Special Use Permit
Variance:
1. No Fill in Wetland or FEMA and/or Community
Special Flood Hazard Areas
2. 50-Buffer from delineated Stream
(Article 9.23.c)
Variance:
Construction of new solid waste disposal facility,
hazardous waste management facility, salvage yards,
and chemical storage facilities shall not be permitted
expect by variance, in Special Flood Hazard Areas
(Code of Ordinance 151.60.A.10)
Recommended Conditions of Variance:
Prevent upstream Flooding - plan for 100 year floc
2. All Floodplain Development Permits will be
obtained from Mecklenburg County (this will cover
any required no rise studies).

ARTICLE 9 CONDITIONS FOR CERTAIN USES
9.21 Neighborhood and Outdoor Recreation
1. Buildings constructed in association with neighborhood recreation or outdoor recreation shall meet one
of the building types permitted in the zoning district.
2. Permanent parking lots shall meet the standards of Article 6, Off -Street Parking.
3. Service areas will be separated by an opaque screen from the view from any street and from abutting
properties.
4. Chain link and similar fencing materials, if used, shall be planted on exterior side with evergreen shrubs
minimum 3 feet in height and 6 feet on center at installation.
5. Outdoor lighting associated with outdoor recreational facilities shall be designed as follows:
a. Facilities shall use fully shielded lighting fixtures except where luminaries are:
(1) Provided with internal and/or external glare control louvers and installed so as to
minimize uplight and offsite light trespass, and;
(2) Installed and maintained with aiming angles that permit no greater than five percent (5%)
of the light emitted by each fixture to project above the horizontal.
b. Lighting plans shall limit light trespass to the maximum extent possible. A maximum of .5
footcandles at any location on any non-residential property, and .1 footcandles at any location
on any residential property, as measurable from any orientation of the measuring device, shall
be met.
c. Lighting shall be extinguished after 11:00 p.m. Illumination of the sports facility shall be
permitted after this time only to conclude a scheduled event that was unable to conclude
before this time due to unusual circumstances.
6. Hours of operation shall be no earlier than 6:00 a.m. and no later than 11:00 p.m.
9.22 Neighborhood and Highway Commercial Gasoline Stations
1. Neighborhood Gasoline Stations, by definition, permit retail sale of gasoline and convenience products
and the minor service and repair of motor vehicles; they have no more than two gasoline service
islands. Highway Commercial gasoline stations permit major service and repair of motor vehicles and
are unlimited as to gasoline service islands.
2. Buildings shall meet the requirements of Article 4, Building and Lot Types.
3. Gasoline pumps, canopies, and associated service areas are prohibited in any established yard abutting
a street.
9.23 Off -Site Land Clearing and Inert Debris (LCID) and Construction &
Demolition (C&D) Landfills
Off -Site LCID and C&D Landfills are permitted in the SP District subject to a Special Use Permit,
according to the procedures of Section 11.4.10. The Town Board shall issue a Special Use Permit for the
subject facility in the SP District if, but not unless, the evidence presented at the Special Use Permit hearing
establishes the conditions below.
1. That the Site will operate in compliance with the rules according to the NCDENR for C&D and LCID
landfills, as amended.
2. That the proposed use will not endanger the public health and safety, nor substantially reduce the value
of nearby property; and
3. That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for
the area; and
4. That the comprehensive site plan addresses each of the environmental and development standards
below:
9-10

ARTICLE 9
CONDITIONS FOR CERTAIN USES
a. A landfill which would be larger than 10 acres shall be accessed from a major or minor
thoroughfare or from a street built to commercial street standards that connects directly to a major
or minor thoroughfare. Landfills 10 acres or less must directly connect to a major or minor
thoroughfare, or to a non-residential collector or non-residential local street where available.
However, if such thoroughfares or streets are not reasonable available, the Board may nevertheless
issue a special use permit upon finding that the use for which the permit is granted would not likely
cause any injurious effect on the property adjacent to the access.
b. That the proposed or existing use will be in compliance with the rules and regulations as
established by Traffic Impact Analysis (TIA) Article 14.
c. Neither clearing, grading, land disturbing activities nor any portion of a C&D or LCID landfill
may be located within 100 feet of any exterior property line. Further, the buffer requirements for
the site are required per the state permitting criteria. The requirements stated below take
precedence over any and all modifications made by the state unless the state standards become
more restrictive.
• 500-foot buffer from existing residential water supply wells to fill area.
• 200-foot buffer from adjacent property to fill area.
• No fill in designated wetlands or the FEMA and/or Community Special Flood Hazard
Areas.
• 50-foot buffer from delineated streams.
• 50-foot buffer from road right-of-way to fill area (non state requirement)
d. Driveway access to the facility must be paved for a distance of at least 100' from the public street.
e. Vehicular and pedestrian access to the site must be controlled; the site must be closed and secured
during hours when filling activities are not under way. A non -climbable fence, at least 6' high,
shall be installed around the landfill and all of its operations as a safety device. These fences must
be constructed of wire mesh with openings not to exceed 2 inches by 4 inches or equivalent and
must be placed on the interior side of screening/buffering devices.
f. All driveways which serve the site must be wide enough to accommodate two-way traffic for a
distance of at least 100 feet from the public street so that no traffic waiting to enter the site will be
backed up on any public right-of-way.
5. That the landfill operator will be responsible for removal of any and all debris, dirt, or other materials
which fall from trucks entering or leaving the landfill from all adjoining streets on at least a weekly
basis. Failure to comply constitutes a violation of this ordinance and may constitute grounds for
revocation of the operating permit.
6. That use of the site for any purpose shall be limited to the hours of 7:00 a.m. until 6:00 p.m. Monday
through Saturday, if the site adjoins or is across the street from property located in a residential district.
7. That a timetable has been submitted with the application indicating the development phases and the
projected life expectancy of the landfill.
8. That a reclamation plan is provided that shows how the site will be reclaimed upon the closing of the
landfill. The reclamation plan shall state the proposed method of conservatorship and perpetual
maintenance or use. It shall demonstrate that the site, when closed, will pose no threat to public safety;
that the finished contours and groundcover will reestablish a compatible appearance with surrounding
lands and buildings; and that the method of maintenance or use will cause no future environmental
degradation.
9. An existing LCID landfill shall not be required to be brought into compliance with the provisions of
this ordinance provided:
a. The landfill has been continuously operating since 1990 and was not within the zoning jurisdiction
of the Town of Huntersville in 1991;
b. The landfill has a valid LCID or demolition landfill permit and/or obtains any renewals of the
LCID or demolition landfill permit required by the State of North Carolina and/or Mecklenburg
County;
9-11

ARTICLE 9
CONDITIONS FOR CERTAIN USES
c. The landfill has a closure plan approved by the State of North Carolina and/or Mecklenburg
County; and
d. In no event shall the landfill operate under a LCID or demolition landfill permit later than
December 4, 2016 and further provided that on the earlier of the final date permitted for operation
of the landfill or the date the landfill permanently ceases operation, the owner and/or operator of
the landfill shall immediately commence and continuously pursue to completion closure of the
landfill according to the provisions of the then current closure plan approved by the State of North
Carolina and/or Mecklenburg County. Failure to complete closure according to such approved
plan shall be a violation of this ordinance enforceable by all remedies and penalties available to the
Town.
10. Any existing C&D landfill shall be permitted to continue operation in the zone in which it is located
provided the landfill has an unexpired special use permit. Any expansion beyond the property boundary
of an existing C&D landfill as approved on November 11, 2005 must be located in the SP district with
a special use permit in accordance with the provisions of this Section.
9.24 Environmentally Sensitive Uses not Expressly Permitted
Uses not expressly named in this ordinance, but which may constitute a greater than average impact on the
environment or diminish the use and enjoyment of nearby property by generation of noise, smoke, fumes,
odors, glare, commercial vehicle traffic, or similar nuisances, are permitted in the SP District subject to a
Special Use Permit, according to the procedures of Section 11.4.10.
The Town Board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless,
the evidence presented at the Special Use Permit hearing establishes:
1. That the proposed use will not endanger the public health and safety, nor substantially reduce the value
of nearby property; and
2. That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for
the area; and
3. That a comprehensive site plan addresses the development standards below:
a. Adjoining properties and streets are protected fi-om adverse impacts of the use and buildings on the
proposed site by the locations of buffers and/or screens;
b. Any areas of the site which may present a danger to residents, their children, pets, or livestock
shall be fenced with nonclimbable fencing material to a height sufficient to avert said danger;
fencing shall be installed on the interior of any buffering or screening;
c. Vehicular access to the proposed use will be provided by way of a road sufficiently sized to absorb
the generated trips and accommodate the vehicles typically associated with the use; a use
considered under the standards of this special use permit process shall not be accessed through a
residential neighborhood nor from a residential neighborhood street.
9.25 Outdoor Display of Vehicles and Boats for Sale, Lease, and Cleaning
The following requirements shall apply to the outdoor display of vehicles and boats associated with sales,
rental, cleaning, mechanical repair, body repair, and similar services.
1. Vehicles and boats for sale shall not be displayed in an established front yard or in an established side
yard abutting a street.
2. Vehicles and boats for sale may be displayed in a side yard which does not abut directly on a street, so
long as:
a. the display is placed behind the established front setback line of the building, extended to the side
lot lines;
b. the display area meets the standards for a parking lot (Article 6);
c. the display area is screened from abutting properties by an opaque screen (Section 7.6).
9-12

T�
Mt
I1 RTH CAROLINA
Special Use Permit Amendment Granted
On Monday, December 71h, 2009, the Huntersville Town Board held a public meeting to consider the
below noted Special Use Permit Amendment:
SUP05-01: Special Use Permit amendment request by Griffin Brothers Enterprises, Inc. to remove
the expiration date of the permit and to amend its conditions as described in the attached finding of
fact; Tax Parcels 01919114, 01919107, 01919112, 01919120, 01919198, 01910117, 01910102,
01910108, 01919113.
Having heard all the evidence and argument presented at the hearing, the Board finds the application is
complete, that the application complies with all of the applicable requirements of the Huntersville
Zoning Ordinance for the operation proposed, and that therefore the application to make use of the
above -described property for the purpose indicated is hereby approved, subject to all applicable
provisions of the Zoning Ordinance, the attached Findings of Fact, and the following conditions:
1. The applicant shall complete the development strictly in accordance with the plans submitted to
and approved by this Board, a copy of which is filed in the Town of Huntersville Town Hall.
2. If any of the conditions affixed hereto or any part thereof shall be held invalid or void, then this
permit shall be void and of no effect.
IN WITNESS WHEREOF, the Town of Huntersville has cause this permit to be issued in its name,
and the undersigned, being all of the property owners of the property above described, do hereby
accept this Special Use Permit, together with all its conditions, as binding on them and their
successors in interest.
, owner(s) of the above identified property, do hereby
acknowledge receipt of this Special Use Permit. The undersigned owners do further acknowledge that
no work may be done pursuant to the permit except in accordance with all of its conditions and
requirements and that the restriction shall be binding on them and their successors in interest.
Owner
p6mlim
Post Offioe Box 664 • 101 Hun wsvilie-Con cord Road • Huntersville, NC 28070
phone 704_875.7000 • fax [phone] ■ www.huntersviIle.org

Petition #SUP05-01
NORTH CAROLINA
MECKLENBURG COUNTY
I, , certify that the following person(s) personally appeared before me this
day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated:.
(Name and capacity of person(s) signing)
Date:
(Official Seal)
(Not valid until fully executed)
Notary Public
2

Petition #SUP05-01
AMENDED FINDINGS OF FACT (as amended 12/7/09):
The North Mecklenburg Landfill is an existing landfill with an unexpired special use permit
that would be allowed to continue to operate in its current zoning designation per Article
9.23.10. The proposed application is to amend the existing special use permit to remove the
expiration date so it can continue its use within its current boundaries indefinitely; infilling the
site as shown on the site plan. The "infill " area would be located between two closed fill areas
that currently exist onsite. No expansions are currently proposed. No rezoning to SP would be
required as long as 1. The special use permit does not expire and 2. No expansions outside of
the current property boundaries take place. The current special use permit is good through
October 26th, 2011.
2. The NCDENR (North Carolina Division of Environment and Natural Resources) permit was
approved on October 26th, 2006 and is attached for reference. Please also find an email from
Joe Hack (Solid Waste Management, Mecklenburg County). Mr. Hack reports no violations or
compliance issues in the last five years. The North Mecklenburg landfill will continue to be
subject to the NCDENR rules and regulations.
3. Per the email from Mecklenburg County Waste Management, staff has no reason to believe
pubic health, safety, or property values will be negatively affected by the amended special use
permit.
4. The proposed use does not conflict with any adopted/accepted small area plans. However, the
East Huntersville Plan does call for a connector road to be established through the proposed
property in question (connecting the proposed North Mecklenburg Industrial Park to the south
with the future Asbury Chapel Road extension to the north). The applicant has agreed to
reserve right-of-way for the future connection as shown in the East Huntersville Small Area
Plan. It is unclear at this time who would be responsible for constructing the connector road
through the subject property.
5. The applicants intend to continue to use Holbrooks Road as their main access to the facility as
no thoroughfare or commercial street is currently available. Please see the letter from the
applicant attached. They have agreed to move their main entrance from Holbrook Road to the
future thoroughfare (Asbury Chapel Extension) to the north or the commercial business park
roads (North Mecklenburg Business Park) to the south. However their proposal would only
make the move required if a completed and constructed street along with associated right of
way becomes immediately adjacent to their property. No proposal to construct any of the
proposed thoroughfares or commercial streets (on or off their property) has been offered.
Please find an email from Max Buchanan (Huntersville Public Works Director dated November
3ra 2009) attached. According to Mr. Buchanan, the NCDOT Maintenance Engineer for the
area has stated that "Holbrooks Road requires regular maintenance activities be performed
due to a large volume of truck traffic on pavement structure not designed to carry such
volumes/weights ". However no proposal for improvements or maintenance for Holbrooks
Road has been received (other than to clean debris and trash; see below) from the applicant.
6. Because the facility existed prior to the effective date of the TIA ordinance, it is not required to
submit a traffic impact analysis per Article 14.2.1 (G). However if there is ever an expansion
to the outer property boundaries of the site, a TIA may be required if the expansion meets the
threshold requirements of Article 14.

Petition #SUP05-01
7. The North Mecklenburg Landfill letter states that they comply with all buffers listed above
except one. The northwest portion of the property has an existing dirt road that is within the
100 foot undisturbed buffer area. This is a pre-existing condition that, because of the location
of closed out fill areas, can not reasonably be changed.
8. According to the attached letter from the applicant, their main driveway is paved 170 feet back
from Holbrooks Road to their gated entrance.
9. The North Mecklenburg Landfill currently has a security fence that extends around the active
fill area and the front main entrance. The closed out fill area does not have a security fence.
10. The application letter lists the driveway entrance at 48 feet wide 100 feet back from Holbrooks
Road.
11. In the letter attached, the applicant has agreed to be responsible for a weekly cleaning of
Holbrooks Road.
12. The North Mecklenburg Landfill is adjacent to and inside a residential zoning district therefore
the restricted hours of operation will apply.
13. The letter from the applicant estimates the new life expectancy of the landfill to be 25 years.
14. Please find the proposed reclamation plan submitted by the applicant attached. The submitted
information has not been approved as of yet by NCDENR.
15. The North Mecklenburg Landfill is a Construction and Demolition Landfill (C&D) and is not
subject to this section of the ordinance. This section of the ordinance applies to Land Clearing
and Inert Debris Landfills (LCID).
16. The current special use permit for the North Mecklenburg landfill is currently unexpired and
valid. It states that the landfill could operate no longer than five years from the date the final
state approval is granted. The state approval was granted in October 26`h, 2006 therefore
under the current special use permit the landfill needs to cease operation on or before October
26`h, 2011. This proposed special use permit amendment however would remove the time
restriction from the permit and the existing landfill would be allowed to continue to operate
within its current boundaries indefinitely per the article above.
Conditions added by the Town Board at the Special Use Permit Hearing
17. The applicant must be annexed into the Town of Huntersville.
18. The applicant must enter into a franchise agreement with the town that will have an expiration
date 10 years from the date of the approval. The special use permit has no expiration date.
19. The safety, stability, and capacity to handle commercial trucks for Holbrooks Road must be
revisited by the Town and NCDOT in 5 years.
20. The applicant will donate $25, 000 for the improvements and/or maintenance of Holbrooks
Road within the 10 year term of their franchise agreement with the Town.
4

____LLL_W W11- I I.
TOWN HALL 1JERMILLION s
TOWN CENTER 74.1UNITS
Two options to avoid going OISCOVERY PLACE KIDS MIRABELLA
MIN
west on Holbrooks Rd. 205 SF
C�� -� '
JNIT�iF
r
1. South towards Verhoeff
W FEE
Dr. Extension; E II E D
�1
2. East, then south on �EAr�TON - L {
Asbury Chapel Rd. - coMMUNI ~'
ti r
Extension
IN � Y 1�1 E R
M PLA if C'E IN T E R - North Meck
"I8SF I _ Lai i
r r
,
+
0 �sltkp 01 1t1r1 �
VT R, kI{IEEE 4 Ir
r
` �
La'Y FITrf�lESS LaFe 1%kr}- �+'' I
�... r .
ETJ$beep Slopes Greenways arrt r•�Yua6ershad 9ounday % Slop$ �{} Existing 1I ,�,Hun,,,�,,ille
C°rporale Soundary _ 25-56 Q Q 1,IryQarConsVuctiwl + .
SWIM Buffer - 61 •75 0 O Proposed ' k Ir
Stream _ 76 - 150 i ��jj •'pr_ �'�
�Mloareavale to Charlotte Troll (Proposed)
Residential Subdivision Proposed Thoroughfare Carolina Thread Trarl (Proposad)
ParC91 — Debr,Bd
a
Approved l7evelgpmem — — Undefined
'r ti
QSdgals —4— Rsilroaal +
- Farmhouse Clusiw City Limits
K
Medical Center My of Charlotte Y v 15
QPork%MalurePneservg9, Town ofComelius
and Wild1Ha Roos
Town of Davidson r • r
Tire atrrlerR Facility -1 i
City of Concord .
Paints of Interest

J
Traffic Impact Analysis (TIA)
Application for Determination
jL*;mtVtMe
NORTH CAROLINA of TIA Need
Article 14.2 of the Zoning Ordinance requires that a Traffic Impact Analysis (TIA) be performed
for any residential subdivision, multifamily site plan, or non-residential development, or portion
thereof, which is expected to create fifty (50) or more peak hour vehicle trips or 500 or more
daily trips.
In order to determine whether a TIA will be required for your proposed development, please fill
out the form below and submit to the Planning Department. A "Determination of TIA Need" will
be made within 10 working days.
Applicant: Greenway Waste Solutions of North Meck
Project Name: GWS—MRF
Location: 15300 Holbrooks Road Huntersville, NC 28078
Project Description (including square footage for each proposed land use):
Materials recycling facility:—28.300sf. The MRF will separate recyclables from non-recyclables. The
recyclables the will leave the facility in 53 ft. containers; at current volumes we anticipate 5 containers leaving per
day. Currently, average trucks entering the facility is 120 per day.
In the future, biomass from the MRF may be used to supply feedstock to a Waste to Energy facility. This
will result In a reduction of truck traffic.
Appli
3/15/16
Date
Please feel free to contact the Planning Department @ [phone] if you have any
questions.
Project file#:
Date Submitted: 3/17/16
Daily Trips Anticipated: 10
Peak Hour Trips Anticipated: AM 2 PM 2
TIA Required (Yes/No): No
Date of Determination: 3/29/16
Note: Trips are only for the
addition of an indoor recycling
machine
Trip Generation of
existing conditions
prior to expansion:
Daily- 246
AM Peak Hour - 18
PM Peak Hour - 9
Below is information provided by the applicant on current operations at the facility.
On average we have 120 trucks cross our scales daily and we have 3 employees that drive to work.
6:00 - 8:59AM 26 vehicles enter the site; 4:OOPM - 5:59PM 6 vehicles enter the site. The same 3 employees arrive and leave Win these
hours as well and were not included in the vehicle counts.
- We won't attract "new" business by the change in our operations. Our customers will remain the same. We anticipate an additional 5 trucks
entering the site each day as a result of the new operations. To clarify these 5 trucks will be hauling material away from the site, not bringing in
waste.
Page 1 of 1
C9 2010, Town ofHontersviIle, All Rights Reserved/FO-PL-102510-1

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Meredith Nesbitt, Planner I
Subject: A16-02: 11600 Johnson -Davis Road
A16-02: The Applicant, Willie Page, is requesting an appeal of staff's determination that the current "Outdoor Storage" occurring on his
property (zoned Rural) is not permitted.
ACIRON RECOMNIFNDED:
Hold a hearing and take action.
FINANCIAL IMPLICATIONS:
ATTACHMENTS:
Description
Type
❑
Staff Report
Staff Report
❑
Exhibit 1 -Application
Exhibit
❑
Exhibit 2 —Article 9.26
Exhibit
❑
Exhibit 3 -Article 3.2.1
Exhibit
❑
Exhibit 4 —Aerial Photography Images
Exhibit
❑
Exhibit 5 — Code Enforcement Site Photos, March
Exhibit
❑
Exhibit 6 — Code Enforcement Site Photos, May
Exhibit
❑
Exhibit 7 - Code Enforcement Case History
Exhibit
❑
Exhibit 8 — Planning Staff Site Photos, Appeal
Exhibit

Case #:
Address:
Parcel #:
Acreage:
Property Owner/Applicant
Owner/Applicant Address:
Staff:
A 16-02
11600 Johnson -Davis Road
Al6-02, 11600 Johnson -Davis Road
11600 Johnson -Davis Road
023-022-15
0.38 acre
Willie Page
1912 Haines Street Charlotte, NC 28216
Meredith Nesbitt — Planner I
September 13, 2016
Board of Adjustment
Staff Report
The applicant and property owner, Willie Page, is requesting an appeal of staff's determination that the
current "Outdoor Storage", as defined by the Town's Zoning Ordinance in Article 9.26 (Exhibit 2), occurring on
his property is not permitted. According to the attached photos (Exhibit 4), the applicant has been storing cars,
trailers, a boat, and construction materials on his residentially zoned property since at least 2002. Mr. Page
states in his application (Exhibit 1) "Code 9.26 does not apply to what I use is for, to park license truck and farm
equipment".
The property in question, 0.38 acre, is zoned rural according to the Town of Huntersville Zoning Map, see
below. The Rural Zoning District regulations are located in the Town's Zoning Ordinance under Article 3.2.1,
Rural District (see Exhibit 3). Outdoor Storage is not a permitted use in Article 3.2.1. Therefore, staff finds the
property to be in violation of Article 9.26, Outdoor Storage because outdoor storage is not a permitted use on
rural zoned property.
Ale,
a
NOi CAROLINA
A 16-02
Page Property
<k �•
Zone : Rural
L
R
i
Applicant:
Willie Page
SITE
+/- 0.38 Acres
'Y
Parcels:
02302215
c..
J
O
R Rural
J
TR Transitional Residential
N
0 500
Feet
Page 1 of 2

September 13, 2016
Board of Adjustment
Staff Report
BACKGROUND:
1. Based on aerial photography the property has been used for outdoor storage since 2002 (Exhibit 3).
2. March 3, 2016 — Staff received an anonymous complaint about the outdoor storage of cars, a boat,
wreckers, and a shipping container at 11600 Johnson -Davis Road.
3. March 8, 2016 — Code Enforcement staff investigated the site and verified several violations (Exhibit 4).
4. May 11, 2016 — Code Enforcement staff investigated the site for a second time and noticed a fence was
constructed on the property (Exhibit 5).
5. May 18, 2016 — Code Enforcement staff spoke with Mr. Page about his intent for the property and he
indicated he was not planning to clean up the property. Code Enforcement staff issued a verbal warning
stating that Article 9.26 of the Zoning Ordinance had been violated.
6. July 1, 2016 — Code Enforcement staff issued the first Notice of Violation that Article 9.26 of the Zoning
Ordinance had been violated (Exhibit 6).
6. July 13, 2016 — Code Enforcement staff issued the second Notice of Violation (Exhibit 6).
7. July 20, 2016 — Code Enforcement staff issued the third Notice of Violation (Exhibit 6).
8. July 28, 2016 — Code Enforcement staff issued the fourth Notice of Violation (Exhibit 6).
9. August 5, 2016 — Code Enforcement staff issued the fifth Notice of Violation (Exhibit 6).
10. August 9, 2016 — A Notice of Appeal of the Town's interpretation of the Zoning Ordinance was submitted
for the September 13, 2016 Board of Adjustment hearing. Pending the Board of Adjustment hearing the
Town's enforcement of the violation has stopped.
11. August 19, 2016 — Staff visited the site to collect picture evidence for the appeal case (Exhibit 7).
STANDARDS FOR GRANTING AN APPEAL
The Huntersville Zoning Ordinance Article 11.3.2 c) Standards for Granting an Appeal are as follows:
1) The Board of Adjustment shall reverse or modify the order, decision, determination, or
interpretation under appeal only upon finding an error in the application of these regulations on
the part of the officer rendering the order, decision, determination, or interpretation.
2) In modifying the order, decision, determination, or interpretation, the Board of Adjustment shall
have all the powers of the officer from whom the appeal is taken.
STAFF CONCLUSIONS
The stated purpose of this Notice of Appeal is to challenge whether Article 9.26, Outdoor Storage applies to
this property. The intent of Article 9.26 of the Zoning Ordinance is clear — that the Ordinance regulates outdoor
storage. With regard to the standards for granting an appeal outlined above, staff does not find any error with
the applicability of the Zoning Ordinance to this property.
It is staff's determination that either a permitted use be established on the property or all of the items stored
on the site must be removed immediately. Furthermore, once a permitted use has been established all items
on the lot not associated with construction of a permitted structural use, must be removed immediately. It
should be noted that once a permitted use (for example a single—family home) is established, some of the uses
on the site would then become permissible, such as storing trailers in the rear yard as an accessory use to a
single-family home.
Exhibit 1
- Appeal Application
Exhibit 2
— Article 9.26, Outdoor Storage
Exhibit 3
— Article 3.2.1, Rural Zoning District
Exhibit 4
— Aerial Photography Images
Exhibit 5
— Code Enforcement Site Photos, March
Exhibit 6
— Code Enforcement Site Photos, May
Exhibit 7
— Code Enforcement Case History
Exhibit 8
— Planning Staff Site Photos, Appeal
Page 2 of 2

��anter�ville
NORTH CAROLINA
Fee: $150 (Residential) V/
$300 (Commercial)
Appellant W �Inj formation: [� _
Name: I I I f E 1— A(
AddressJ9 / o-� 5-r CPN)
Phone No.
Location of Building / ]
Address: f ) `G 0_(3
Tax Parcel ID Number(s):
Acreage: b 1 3
Notice of Appeal
Date: O I a I '2 G ((P
Property Owner formation:
�l�ll,�
Jgi) RA(`jejsT
G h t�rl a-7T?, h<- ga 1 G
I �oe, aw7i?
)3:11N SO y� 60',S AD &In TCRM
0 3-oa
Zoning:
Text of Zoning Ordinance to be appealed:
Article: L Cl? Section: Date of Notification of Decision:
Language:
State below the facts or evidence you are prepared to prove to the Board of Adjustment that should lead the
Board to conclude that the decision of the Planning Director or designated Administrator was erroneous:
©d e. `l, a6 Do )� l �\ f PI `f To (,y �1 �T Li se.' r I dr,
10 Pk f K L' C-Q-nSe JAUCA 10 v0 RLt2n Equrl-nT
The following must be submitted with the completed application (signed and dated by the Appellant):
• Thirteen (13) copies of any applicable map(s) and exhibits showing exact location of property with
respect to existing streets, adjoining lots and other important features on or contiguous to the property.
Also, include any maps and/or illustrations (to scale), which are necessary to show the location, number and
size of buildings, signs, etc., on the property.
• A list of names, addresses and tax parcel identification numbers of properties that abut the site, are across
the street from the site or are otherwise within one hundred feet (100') of the site. (Digital format is
preferred)
0 2010, T— of liunt—illc, All Rights Rcscn,cd/FO-PL-030810-12
Pagel of 2

T Town of Notice of Appeal
cne
NORTH CAROLINA
NOTICE: This Notice of Appeal must be filed within 30 day of the issuance of the Planning Director, or
designated Administrator's Order, decision, determination or interpretation. Failure to timely file such
Notice of Appeal, fee, and attachments shall constitute a waiver of any rights to appeal under the Town of
Huntersville Zoning Ordinance, Article 11.2, et seq. Appellant hereby grants permission to the Town of
Huntersville personnel to enter the subject property for any purpose required in processing this Notice of
Appeal.
Notifications Required: If you are appealing a determination from the Mountain Island Lake or Lake
Norman Watershed Overlay Districts, Planning Staff will be required to notify in writing each local
government having jurisdiction in the watershed and the entity using the water supply for consumption
as follows:
* Mountain Island Lake Watershed Overlay. Local governments having jurisdiction in the watershed:
Charlotte Mecklenburg, Cornelius and Huntersville. Entities using the water supply for
consumption: Mecklenburg County, Gastonia and Mount Holly.
* Lake Norman Watershed Overlay. Local governments having jurisdiction in the watershed:
Davidson, Cornelius and Huntersville. Entities using the water supply for consumption: Mooresville,
Mecklenburg County and Lincoln County.
I hereby certify that the information presented by me in this Notice of Appeal is accurate to the best of my
knowledge, information and belief.
/v L
� o � (co
Signature of Appellant Dat
A 2010, Toim oCHuntemiliq All Rights Rmrvcd1F0-PL-0308l0-12
Page 2 of 2

Exhibit 2 — Article 9.26
9.26 Outdoor Storage
1. Outdoor storage defined:
a, includes all goods and materials not returned to an enclosed building at the end of each business
day; regardless of whether such goods or materials are kept on the premises for retail sale,
wholesale sale, storage, or use by a business on or off the lot; (to be classified as goods for sale
and therefore exempt from regulation as outdoor storage, items must be placed within an enclosed
building at the end of each business day);
b. includes up to two storage trailers placed on a single lot or in conjunction with a single principal
use;
c. includes all items awaiting or in process of repair except customary passenger vehicles awaiting
repair which are not visibly damaged or are not used or intended to be used as "parts" vehicles;
(rather than being considered outdoor storage, such vehicles may await repair in any conforming
off-street parking lot associated with the principal use);
d. includes vehicles with more than two axles, boats, manufactured homes, and trailers of tractor
trailers awaiting or in process of repair;
e. does not include construction equipment; where permitted, outdoor storage of construction
equipment is regulated by Section 9.27.
2. Outdoor storage, where expressly permitted, may be established on a lot according to the following
standards.
a, where permitted as an accessory use in conjunction with a building, the area of storage shall not be
placed in any established yard abutting a street;
b. where permitted as a principal use on a lot, the area of storage shall be no closer than 40 feet from
an abutting street right-of-way;
c. all areas established for outdoor storage shall be screened from view from the strect(s) and from all
abutting properties by an opaque screen (Section 7.6); wherever security fencing is desired, it shall
be placed on the interior side of the opaque screen.

Exhibit 3 —Article 3.2.1, Rural Zoning District
3.2.1 RURAL DISTRICT (R)
Intent: The Rural District is provided to encourage the development of
'-4jT eF? rr"mLJ d1
Wilharrr perCerruble
neighborhoods and rural compounds that set aside natural v istas and landscape
boww urre.s a
futures for permanent conservation. Density of development is reguiated on a
amapphams'
sliding scale; permitted densities rise with increased open space preservation.
rrx df1J7g 1ShdbhL'
Development typologies associated with the Rural District are farms, the single
as
house, the conservation subdtwision, the farmhouse cluster, and the residential
from
srrrrourYdjng&_ and
neighborhood- The section number in parenthesis following I isted use indicates the
generall.trpfaeeless. "
ordinance section of development oonduions-
a) Ptrmititd lases
Uses pertitted by rigpt
•
bed and breakfast inns
•
boarding or room ing houses for up to
MD roamers
+
family care home
+
single family detached homes
Uses permitted wit)b conditions
•
cemeteries, (9-7)
•
religious inst.itutiom, (9_8)
•
duplexes up to 10 of dwell trig units
in development, (9-13 )
+
essential services 1 and 2, (9-14)
IP
government buildings up to 50M
square feet ofgross floor area; fire
stations are permitted in government
buildings up to 153000 square feet of
grass floor area
IP
neighborhood and outdoor recreation,
(9-21)
+
parksy (9-29 }
+
plant nurseries,(9-46)
•
riding academies and1or commercial
stables, (9-33)
schools, (93S)
+
transit shelters, (9.39)
Uses prrmltted wit)b Special Use Permit
+
agricultural industry, (9-3}
+
banquet facility, (9.59)
+
commercial communication towers
(9.9)
+
solar energy facility, major, (9.54)
3-3
Alex lji7eVr
PLACES
Winder. f 9M 01
solar energy facility, free-standing
minor, nowt -residential, (9.54)
solar energy facility, rooftop, minor
non-residential 1Fiat is noticeable on a
roof slope facing a street~ (9.54)
solar energy facility, minor, residential
as fol lows: located on the facade
elevation facing publ is street or
common access} or located on the roof
slope above the facade of the structure
facing the public street or common
access, (9.54)
wind energy facility, major, (9.53)
wind energy facility, minor, accessory
(9-5 3 )
b} Ptrntit(fd 13uildirig and Lot
■ attached house
IF civic building
+ detached house
c) PerrnUled _accessory Uses I
# accessoa} dtwelLine, (9.14
IF day care home ( small ), (9.11
• home occupations, (4.19)
• marinas, (9.42)
IP solar energy facility, minor residential;
located in the established rear or side
yards or roof slopes, (9-S4 )
IP solar facility, rooftop minor non-
residential on a flat roof, a roof slope
not facing a street and unnoticeable
building iritegrated solar panels an roof
slopes facing a street (9.54)
+ accessary uses permitted in all d istricts
(8.11)

Exhibit 4 —Aerial Photography Images

Exhibit — Aerial Photography Images
� �.■ ... - �.. /7Y.,
� � � ` • �� �
d4 &
, «
du e
�
/

2010 Image

Exhibit 4 —Aerial Photography Images
} L�r

Exhibit 4 —Aerial Photography Images

Exhibit 4 —Aerial Photography Images

2016 Image
:x
` {
-'

I k-iv.
_ir
lJ,

:41
OTTML�

IFA
VD
Jf
r.
xi

Np

Huntersville, NC - CE Field Report
Page 1 of 1
j - Assigned
T
Schruhl, CE16-359
Claudia
Location of Violation: APN# 02302215
CDBG Custom Location Field Custom Field
NO
Subject Name: Address (if different) Him:
PAGE, WILLIE JAMES (Owner) Wk:
Open Violation(s) Code Section
Article 09.26 OUTDOOR STORAGE 9.26
3.2.1 RURAL DISTRICT (R) 3.2.1
Date Type Officer Note/Activity
07/21/2016 Note Schruhl, Claudia Third Citation posted and mailed
07/20/2016 Case Schruhl, Claudia Case Status changed to 3rd/Subsequent Citation
07/13/2016 Note Schruhl, Claudia Second Citation Posted and mailed
07/13/2016 Case Schruhl, Claudia Case Status changed to 2nd Citation
07/01/2016 Note Schruhl, Claudia First Citation Posted and mailed
07/01/2016 Case Schruhl, Claudia Case Status changed to 1st Citation
06/09/2016 Note Schruhl, Claudia I meet Mr. Pages at the property; he got the NOV in person
06/08/2016 Note Schruhl, Claudia Brian Sifford and Claudia call Mr. Pages and leave a message that will posted the property with NOV today. Mr.
Page call back but he wants to talk to Mecklenburg inspector (Brian Sifford) He said that the Mecklenburg
inspector give him the ok to keep those cars at that lot.
06/01/2016 Case Schruhl, Claudia Case Status changed to Warning Citation
05/19/2016 Violation Schruhl, Claudia Added: 3.2.1 RURAL DISTRICT (R)
05/18/2016 Note Schruhl, Claudia Compliant from 704 650-1109
05/18/2016 Violation Schruhl, Claudia Added: Article 09.26 OUTDOOR STORAGE
05/18/2016 Case Schruhl, Claudia Initial Case Status Verbal Warning Given
05/18/2016 Case Schruhl, Claudia Case Opened (Created)
Follow-up 06/01/2016
INVESTIGATION:
https://clients.comcate.com/xer/multifieldreport.phr-)
8/17/2016

Huntersville, NC: Code Enforcement Case Details
Page 1 of 5
9i
HE P CL Case Details
Print Close
cE Case #: CE16-359 status: 3rd/Subsequent Citation
eFM Case #: Date opened: 05/18/2016
Case assigned to: Schruhl, Claudia Follow Up Date 06/01/2016
Case initiated by: Complaint Follow Up Action
Priority: Normal open violations Article 09.26 OUTDOOR STORAGE
Location APN: 02302215 3.2.1 RURAL DISTRICT (R)
Status and Follow Up
Status Follow Up Date Follow Up Action
3rd/Subsequent Citation 06/01/2016
History
Entry Date Employee Description
07/20/2016 11:04:03 AM Schruhl, Claudia Case Status changed to 3rd/Subsequent Citation
07/13/2016 09:54:39 AM Schruhl, Claudia Case Status changed to 2nd Citation
07/01/2016 10:51:49 AM Schruhl, Claudia Case Status changed to 1st Citation
06/01/2016 11:42:05 AM Schruhl, Claudia Case Status changed to Warning Citation
06/01/2016 11:42:05 AM Schruhl, Claudia Followup date added: 2016-06-01 00:00:00
05/18/2016 03:06:56 PM Schruhl, Claudia Initial Case Status Verbal Warning Given
Location
Validated: No v�
Last Validated on: 2016-08-16 10:34:34
Additional Census Block CDBG Property
Addesss APN Information Tract Group LowModPct Eligible Type
02302215 0 0 NO
Contacts
Bill To Contact Contact Role Name/Business Address Phone Open Cases
F]/ Owner PAGE, WILLIE JAMES , Huntersville, NC 28078 Cell: 704622-4291 1
History
Entry Date Employee Description
05/18/2016 03:06:59 pm Schruhl, Claudia PAGE, WILLIE JAMES
Violations
https://clients.comcate.com/xer/xerCaseDetail.php 8/17/2016

Huntersville, NC: Code Enforcement Case Details Page 2 of 5
Date Violation Submitted By Status Disposition Notes CDBG Eligible
05/19/2016 3.2.1 RURAL DISTRICT (R) Schruhl, Open Yes
Claudia
05/18/2016 Article 09.26 OUTDOOR STORAGE Schruhl, Open Yes
Claudia
History
Date Entered By Action/Note/Activity
05/19/2016 10:14:25 AM Schruhl, Claudia Added: 3.2.1 RURAL DISTRICT (R)
05/18/2016 03:06:59 PM Schruhl, Claudia Added: Article 09.26 OUTDOOR STORAGE
Signs
Notifications
Fee Tracking
Fee History
Fee Payment Payment Receipt Fee
Date Description Amount Type Amount # Status Due Date Balance Violation
07/01/2016 First Citation $50.00 Paid (pat due) $50.00
(past due)
07/13/2016 Second $100.00
Citatioon
07/20/2016 3rd/Subsequent $500.00
Citation (1)
07/28/2016 3rd/Subsequent $500.00
Citation (2)
08/05/2016 3rd/Subsequent $500.00
Citation (3)
Current Balance: $1,650.00
Not
Article
Paid
07/18/2016
$100.00 09.26
(past due)
OUTDOOR
STORAGE
Not
Article
Paid
07/23/2016
$500.00 09.26
(past due)
OUTDOOR
STORAGE
Not
Article
Paid
08/01/2016
$500.00 09.26
(past due)
OUTDOOR
STORAGE
Not
Article
Paid
08/05/2016
$500.00 09.26
(past due)
OUTDOOR
STORAGE
Notes
Entry Date Entered By Action Date Note
07/21/2016 Schruhl, 07/21/2016 Third Citation posted and mailed
12:02:13 PM Claudia
07/13/2016 Schruhl, 07/13/2016 Second Citation Posted and mailed
10:13:31 AM Claudia
07/01/2016 First Citation Posted and mailed
Officer Entered By
Claudia
Schruhl
Claudia
Schruhl
Claudia
Schruhl
Claudia
Schruhl
Claudia
Schruhl
https://clients.comeate.com/xer/xerCaseDetail.php 8/17/2016

Huntersville, NC: Code Enforcement Case Details
Page 3 of 5
07/01/2016
Schruhl,
11:08:02 AM
Claudia
06/09/2016
Schruhl,
06/09/2016 I meet Mr. Pages at the property; he got the NOV in person
09:56:43 AM
Claudia
06/08/2016
Schruhl,
06/08/2016 Brian Sifford and Claudia call Mr. Pages and leave a message
10:26:35 AM
Claudia
that will posted the property with NOV today. Mr. Page call back
but he wants to talk to Mecklenburg inspector (Brian Sifford) He
said that the Mecklenburg inspector give him the ok to keep
those cars at that lot.
05/18/2016
Schruhl,
05/18/2016 Compliant from 704 650-1109
03:06:59 PM
Claudia
History
Entry Date Employee Description
Change case note from: Mr. Pages call but he want to talk to
Mecklenburg inspector (Brian Sifford) He said that the Mecklenburg
inspector give him the ok to keep those cars at that lot.n to: Brian
06/08/2016 10:28:14 AM Schruhl, Claudia Sifford and Claudia call Mr. Pages and leave a message that will posted
the property with NOV today. rnMr. Page call back but he wants to talk
to Mecklenburg inspector (Brian Sifford) He said that the Mecklenburg
inspector give him the ok to keep those cars at that lot.rn
Attachments
Upload Date Title
08/16/2016 FW_Notice_of_Appeal_11600_Johnson-
David_Rd.msg
08/15/2016 FW_Notice_of_Appeal.msg
07/21/2016 11600_Johnson-David_Rd_14_.JPG
07/21/2016 11600_Johnson-David_Rd_15_.JPG
07/21/2016 11600_Johnson-David_Rd_16_.3PG
07/21/2016 11600_Johnson-David_Rd_17_.JPG
07/21/2016 11600_Johnson-David_Rd_18_.JPG
07/21/2016 11600_Johnson-David_Rd_19_.JPG
07/06/2016 11600_Johnson-David_Rd_1_.JPG
07/06/2016 11600_Johnson-David_Rd_2_.JPG
Description Uploaded By
Schruhl, Claudia
Schruhl, Claudia
Schruhl, Claudia
Selected for
Printing Attachments
�I
Schruhl, Claudia ®'
Schruhl, Claudia 12
Schruhl, Claudia 0
Schruhl, Claudia ®'
Schruhl, Claudia 0
Schruhl, Claudia ®'
Schruhl, Claudia W
Document
Document
IN
Pr ;�
L-. R
https:Hclients.comcate.com/xer/xerCaseDetail.php 8/17/2016

Huntersville, NC: Code Enforcement Case Details Page 4 of 5
""■ow
07/06/2016 11600—Johnson-David_Rd_3_.JPG Schruhl, Claudia ✓Q�' _
06/13/2016 11600_Johnson-David_Rd.JPG Schruhl, Claudia
a
05/18/2016 11600_Johnson-David_Rd_ii_.JPG Schruhl, Claudia
44,
05/18/2016 11600_Johnson-David_Rd_13_.JPG Schruhl, Claudia
05/18/2016 11600_Johnson-David_Rd_12_.JPG Schruhl, Claudia
05/18/2016 11600_Jonhson-Davis_Rd_21_.JPG Schruhl, Claudia
05/18/2016 11600_Jonhson-Davis_Rd_i_.JPG Schruhl, Claudia rf''
'r' «
05/18/2016 11600_Jonhson-Davis_Rd_5_JPG Schruhl, Claudia
05/18/2016 11600_Jonhson-Davis_Rd_12_.JPG Schruhl, Claudia
05/18/2016 11600_Jonhson-Davis_Rd_13_.JPG Schruhl, Claudia [J]
05/18/2016 11600_Jonhson-Davis_Rd_14_.JPG Schruhl, Claudia
*Images marked as Selected are included on
View/Print Images page, in the Field Report
and in forms. View/Print images button has
option to "Include all" if checked.
History
Upload date Employee Description
08/16/2016 10:34:34 AM Schruhl, Claudia Attachment FW_Notice_of_Appeal.msg edited: marked inactive
08/16/2016 10:34:33 AM Schruhl, Claudia Case file titled "FW Notice of Appeal 11600 Johnson -David Rd.msg"
added.
08/15/2016 04:58:11 PM Schruhl, Claudia Case file titled "FW Notice of Appeal.msg" added.
07/21/2016 12:02:10 PM Schruhl, Claudia Case file titled "11600 Johnson -David Rd (18).JPG" added.
https:Hclients.comcate.com/xer/xerCaseDetail.php 8/17/2016

Huntersville, NC: Code Enforcement Case Details
Page 5 of 5
07/21/2016
07/21/2016
12:02:10 PM
12:02:09 PM
Schruhl, Claudia
Schruhl, Claudia
Case file titled "11600 Johnson -David
Case file titled "11600 Johnson -David
Rd (19).JPG" added.
Rd (16).JPG" added.
07/21/2016
12:02:09 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (17).JPG" added.
07/21/2016
12:02:08 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (14).JPG" added.
07/21/2016
12:02:08 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (15).JPG" added.
07/06/2016
07/06/2016
07/06/2016
09:55:43 AM
09:55:42 AM
09:55:42 AM
Schruhl, Claudia
Schruhl, Claudia
Schruhl, Claudia
Case file titled "11600 Johnson -David
Case file titled "11600 Johnson -David
Case file titled "11600 Johnson -David
Rd (3).JPG" added.
Rd (1).JPG" added.
Rd (2).JPG" added.
06/13/2016
04:00:42 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd.JPG" added.
05/18/2016
03:07:03 PM
Schruhl, Claudia
Case file titled "11600 Jonhson-Davis
Rd (13).JPG" added.
05/18/2016
03:07:03 PM
Schruhl, Claudia
Case file titled "11600 Jonhson-Davis
Rd (14).JPG" added.
05/18/2016
03:07:02 PM
Schruhl, Claudia
Case file titled "11600 Jonhson-Davis
Rd (5).JPG" added.
05/18/2016
05/18/2016
03:07:02 PM
03:07:01 PM
Schruhl, Claudia
Schruhl, Claudia
Case file titled "11600 Jonhson-Davis
Case file titled "11600 Jonhson-Davis
Rd (12).JPG" added.
Rd (21).JPG" added.
05/18/2016
03:07:01 PM
Schruhl, Claudia
Case file titled "11600 Jonhson-Davis
Rd (1).JPG" added.
05/18/2016
03:07:00 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (13).JPG" added.
05/18/2016
03:07:00 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (12).JPG" added.
05/18/2016
03:06:59 PM
Schruhl, Claudia
Case file titled "11600 Johnson -David
Rd (11).JPG" added.
Forms
History
Name Generation Date Generated By Link
07 Citation Form - Zoning-(213523) 08/05/2016 12:15 Schruhl, Claudia view edit
07 Citation Form - Zoning-(209346) 07/27/2016 15:48 Schruhl, Claudia view edit
07 Citation Form - Zoning-(206503) 07/20/2016 11:22 Schruhl, Claudia view edit
07 Citation Form - Zoning-(203164) 07/13/2016 10:03 Schruhl, Claudia view edit
07 Citation Form - Zoning-(199386) 07/01/2016 10:59 Schruhl, Claudia view edit
07 Citation Form - Zoning-(189893) 06/08/2016 11:36 Schruhl, Claudia view edit
07 Citation Form - Zoning-(182272) 05/19/2016 10:38 Schruhl, Claudia view edit
Time Tracking
Employee Date Worked Hours Rate Type Date Entered Entered By
Total 0.00
Zoning Ordinance
Minimum Housing Code
https:Hclients.comcate.com/xer/xerCaseDetail.php 8/17/2016

Ks �s � 1 Y��• � l 41 � 't,
• .�.' T ,6 °. - '' iy���� may, ,� _- __.
3 d.
r�.f ' •� }t /� 4� i� p ( �wp�y, �YY .�� y ice•
r fir, �'±/''i�w►.,.., t^' A9r� y +•-ia[

� ��� ��®\\\\\//^ . ..
�� � �� � : � � \� / \ ». . :.
ƒ%�«� � �..� �. .
� �� � . ~\
_> .�� � ��
6 , :. �� .
\ \ ; \ > a � �.� . .
� - — �.
_� \� � ^\,���� / �
~ © » 2�:� ��.�
��w »,�/�
��x*�
. m� W
� ` «:*
�: � » ,
�v��
� ©:

f ` . i
a
{
R
V

Exhibit 8 - Site Photos
All photos were taken on August 19, 2016

t� � V • 'µ Y
.. ,� fC F t c •.'Yr F,n ..dam _ _
w�

Town of Huntersville
BOARD OF ADJUSTMENT
9/13/2016
To: Board of Adjustment Members
From: Michelle V. Haines
Subject: Approve 2017 Schedule
Consider Approval of the 2017 Regular Meeting Schedule
ACTION RECONN MEiD:
FINANCIAL IMPLICATIONS:
ATTACHM ENTS:
Description
❑ 2017 Schedule
Type
Exhibit

ITown of •
1 � e
NORTH CAROLINA
Board of Adjustment
Submittal Deadlines and
Meeting Schedule
The Board of Adjustment meets the second Tuesday of each month at 6:30 p.m., at the Town Hall,
101 Huntersville-Concord Road, Huntersville, North Carolina, unless otherwise noticed.
All applications to be reviewed by the Board of Adjustment are due in complete form by the
deadline date. At that time, each application will be placed on the next available Board of
Adjustment Agenda. Requests submitted after the deadline date will not be placed on the next
immediate Agenda but on the Agenda that follows.
All filing fees are due and payable at the time the application is submitted. The filing fee is non-
refundable.
DEADLINE BOARD OF ADJUSTMENT
FILING DATE MEETING DATE
December 13, 2016 January 10, 2017
January 10, 2017 February 14, 2017
February 14, 2017 March 14, 2017
March 14, 2017 April 11, 2017
April 11, 2017 May 9, 2017
May 9, 2017 June 13, 2017
June 13, 2017 July 11, 2017
July 11, 2017 August 8, 2017
August 8, 2017 September 12, 2017
September 12, 2017 October 10, 2017
October 10, 2017 November 14, 2017
November 14, 2017 December 12, 2017
December 12, 2017 January 10, 2018
DATES SUBJECT TO CHANGE
QUESTIONS SHOULD BE DIRECTED TO THE PLANNING DEPT. AT 704-875-7000
(c) 2010, Town of l-tw sville, All Rights Rwecved/
FO-PL-030810-11