McDowell Co. - Water Supply Watershed

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NCDENR
North Carolina Department of Environment and Natu
i�everiy Eaves Peroue
Governor
September 24, 2010
Ronald Hannon
Planning Administrator
County Administration Bldg.
60 East Court Street
Marlon, NC 25752
CERTIFIED MAIL
Return Receipt Requested
Division of Water Quality
Coieen H. Sullins
Director
Subject: Second Request for Response
Water Supply Watershed Protection Program. Audit
Dear 1_'v1r. Hannon:
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This letter is a second request for a response from McDowell County to the audit of the C ounty's \vater
supply watershed protection program that was conducted by DWQ on May 20, 2010. Several program
deficiencies N ere identified during the audit. The County was notified of these deficiencies in a letter
frrnn DWQ dated June 9, 2010, a copy of which is attached for your reference. DWQ requested that the
county respond to the letter within 30 days. To date. DWQ has not received a response from the County..
The program deficiencies identified included-insuffcient ve�etativc buffer widths. no record of variances.
no requirement for transportation ofstonnwater by vegetated conveyance, and no documentation that
showed that 'Certificate of Approval for Recording' is being recorded on plats.
This letter also serves as a notification that the state may pursue enforcement if no response is received
within �0 days of your receipt of this letter. North Carolina General Statute 143-214.5 and Rule 15A
NCAC 2B .0104(b) require that all local gm ernments having* land use jurisdiction within a Water supply
watershed adopt and implement land use ordinances. The ordinances must meet the minimum
requirements of the Environmental Management Commission's (EMC) rules under 15A NCAC 2B .0100
and .0200. Failure by a local govenmient to adopt and/or properly administer its ordinances can result in
assumption of the local program by the EMC. upon assumption of a local program, civil penalties of up
to S 10,000 per month may be assessed pursuant to N.C.G.S § 14 215.6A(e).
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Please provide a description of how McDo\vcll County will respond to the issues detailed in the
June 9. 2010 letter within 30 days of your receipt of this letter. Mail this information to the attention of
Julie Ventaloro at DWQ, Wetlands and Storinw•ater Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617..
Thank you for your prompt attention to this matter. We are hopeful that these deficiencies can be resolved
without enforcement action by DWQ. If you have any questions, please contact ,Julie Ventaloro by phone
[phone] or email iulie,ventaloro(<<ncdenr.(aov.
Singly,
"John Hennessy /
NPS Compliance Unit Supervisor
Enclosures: JL117e 9. 2010 letter from DWQ to Ronald Hannon. McDowell County Planning
cc: Charles Abernathy, McDm yell County Manager
Julie Ventaloro, DWQ-WSWP Coordinator
Susan Wilson, DWQ-Asheville RO
Linda Wigas, DWQ-Asheville RO

NN�9 'f
North Carolina Department of Environment and Naurall� R sot's 2 7 2010 I j
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins <`'
t, s: WATER QUALITY SEDee�Freil3ry
11
Governor Director ASHEVILLE REGIONAL OFI-, F f,
June 9, 2010
Ronald Harmon
Planning Administrator
County Administration Bldg.
60 East Court Street
Marion, NC 28752
Subject: Water Supply Watershed Protection Program Audit
Dear Mr. Harrison:
The North -Carolina Division of Water Quality (DWQ) conducted a compliance audit of McDowell
County's water supply watershed protection program on May 20, 2010. The meeting was attended by
Ronald Hannon, McDowell County Planning Administrator; i erry Silvers, Director of Building
Inspections; and Julie Ventaloro, Susan Wilson, and Linda Wiggs with DWQ. The purpose of the audit
was to evaluate the county's compliance with the requirements of North Carolina General Statute 143-
214.5 and Rule 1 SA NCAC 2B .0104(b) which requires that local governments having land use
jurisdiction within a water supply watershed adopt and implement land use ordinances. The ordinances
must meet the minimum requirements of the Environmental Management Commission's (EMC) rules
under 15A NC_AC.`'B .0100 and .0200. Failure by a local government to properly administer its ordinance
can result in assumption of the local program by the EMC and civil penalties pursuant to N.C.G.S. 143-
215.6A(e).
Our review of the county's program and documents provided during the meeting indicate that McDowell
County's watershed protection program is generally compliant and needs just a few modifications to be
fully compliant with state requirements. These modifications are outlined below.
1. Amend Section 304 of the county's Watershed Ordinance to increase the required buffer on
10/70 projects from 30 feet to 100 feet on perennial streams.
Section 304 of McDowell County's Watershed Ordinance currently requires 30' vegetative buffers
for development activities along perennial waters. Please be advised that projects approved under
the county's 10/70 provision are considered a type of "high -density" development and must have
Wetlands and Stonnwatei Branch
1617 Mail Service Center. Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCa.r Olina
An E.^.Pal opportunity 1 Atlirnalive.4clion Employer

Page 2 of 4
100-foot vegetative buffers per 15A NCAC 2B .0214(3)(b)(1)(G), 15A NCAC 2B
.02 1 5(3)(b)(i)(G) and 15A NCAC 2B .0216(3)(b)(i)(F).
2. Submit to DWQ a record of variances granted by the county's Watershed Review Board.
DWQ has no record of variances issued by the county. Upon receipt of this letter, please submit to
DWQ a list of variances granted to date. Include a brief description of each project that received a
variance and the reasons for granting the variance. This is a requirement of the state's Water
Supply rules as well as a requirement of the McDowell County Watershed Ordinance, Section
501(F).
3. Confirm that `Certificate of Approval for Recording' is being recorded on plats.
Please provide confirmation that the `Certificate of Approval for Recording' as shown in Section
202(D) of the county's Watershed Ordinance is being recorded on plats. The certificate should
indicate when a property is located within a Public Water Supply Watershed, and it should be
signed by the county's Watershed Administrator.
4. Add language to the county's Watershed Ordinance to emphasize the requirement that
stormwater be transported by vegetated conveyance.
We suggest adding the following language, or something similar, to Section 302 of the ordinance:
Pursuant to North Carolina Administrative Codes and this Ordinance, all projects that
utilize the low -density option must first be determined if transportation of stormwater by
vegetated conveyances is practicable. If transportation of stonnwater on the site can be
practicably done by the use of vegetated conveyances, then the standard curb and gutter
and stormwater drain collection systems are not allowed. That is, the below listed
vegetated swale specifications are required.
a. Vegetative swale requirements
i. A vegetated conveyance device such as a swale shall be used to provide
transportation of stormwater runoff. The construction of the s'.vale must provide
for even distribution of runoff across the width of the vegetated swale;
ii. The slope and length of the vegetative swale shall be designed, constructed, and
maintained so as to provide a non -erosive velocity of flow through the swale for
the 10-year storm and shall have a slope of five percent or less, where practicable;
and
iii.Vegetation in swale may be natural vegetation, grasses, or artificially -planted
wetland vegetation appropriate for the site characteristics.
In lieu of use of only vegetative swales in these settings, curb and gutter collection
systems may be used if below listed curb outlet systems are employed:
b. Curb Outlet systems
i. Projects that meet the low -density provisions may use curb and gutter with
outlets to convey the stonnwater to vegetated areas.
ii. The curb outlets shall be located such that swale or vegetated area can carry the peak
flow from the 10-year storn and the velocity of the flow shall be non -erosive;

Page 3 of 4
iii. The side slopes of the swales or vegetated areas shall not be steeper than 5:1
(horizontal to vertical). Where this is not practical due to physical constraints, devices
to slow the rate of runoff and to encourage infiltration to reduce pollutant delivery shall
be provided; and
iv. The swales or vegetated areas for curb outlet systems should be designed to extend
the maximum length practicable (e.g., 100-foot filter length).
Alternatively; the county may require Watershed Protection Permit applicants to certify that
their vegetated swales meet the design requirements of the North Carolina Stonnwater Best
Management Practices Manual (http://portal.ncdenr.org/web/wq/ws/su/bmu-ch14).
5. (Optional) Require that vegetated buffers be recorded on final plats.
DWQ recommends that the county require that buffers be recorded on final plats. This
requirement could be included in Section 202 of your ordinance which already requires that plats
contain a statement that the property is located within a Public Water Supply Watershed. You are
not required to make this revision, but it may be helpful in ensuring that subsequent owners of a
property are aware of the presence of protected watershed buffer areas.
6. (Optional) Modify Land Development Permit and Watershed Protection Permit applications
to require additional information.
• DWQ recommends that the county revise its Land Development Permit application form to
require that applicants identify whether projects are located in a state High Quality Water
(HQW) Management Zone. There are currently several areas within McDowell County that
are subject to the state's HQW stonnwater management regulations under 15A NCAC 2H
.1000. The county can download G1S shapefnles that display the HQW areas at:
http://ww\y.nconemap.com/. Another helpful resource is DWQ's Stonnwater Permitting
Interactive Map Viewer at http://portal.ncdenr.ora/webhvq/ws/su/maps. The Viewer is a tool to
help determine whether a proposed development activity is subject to stonnwater programs,
including state stonnwater programs (e.g., HQW)_
® In addition, we recommend that your Land Development Permit form require applicants to
certify that they have obtained all other necessary state and federal permits (e.g., 404/401, State
Stonnwater Permit, S&EC) before applying for a county permit.
• Lastly, we recommend that you revise your Watershed Protection Permit process to require
that applicants identify whether there are perennial surface waters located on the property and
to identify the locations of these waters on site. plans. This will -enable you to more quickly
identify whether vegetated buffers will be required on subject streams or lakes.
While you're not required to make these particular modifications, we believe they would help
promote compliance with your local watershed ordinance and also provide an additional safeguard
against potential violations of the state's,stornwater rules.

Page 4 of 4
7. (Optional) Remove Catawba River WS-IV Protected Area from Watershed Ordinance and
Map.
The county may remove from its Watershed Ordinance language in Sections 301 and 302
pertaining to the Catawba River WS-IV Protected Area. The county's Watershed Map may also
be revised. At the request of McDowell County, the Catawba River (Morganton) WS-IV Protected
Area was reduced in size, effective April 1, 1999. For your records, I have enclosed a copy of the
original letter from the county requesting the reduction of the protected area as well as a letter from
NCDENR notifying the'county of the approved change. Please note that you are not required to
modify your ordinance or map to reflect the reduction in the Protected Area. If you choose to
make the modifications, the revised ordinance and map (1:24,000 scale USGS topographical) will
need to be submitted to DWQ for approval.
8. (Optional) Remove Armstrong Creek WS-II watershed from Watershed Map.
The county may remove from its Watershed Map the Armstrong Creek watershed area. It was
reclassified from Classes WS-II, WS-II-CA, WS-II Tr (trout), and C Tr to Classes C HQW and C
Tr HQW effective April 1, 1999. As with Item 7 above, you are not required to make this
modification to your map. 'If you choose to make the modification, the revised map will need to be
submitted to DWQ for approval. For your information, I have enclosed a letter from DWQ to
McDowell County regarding the public hearing that was conducted on this reclassification.
Please provide a written description of how McDowell County will respond to the issues detailed in this
letter within 30 days of your receipt of this letter. Mail this information to the attention of Julie Ventaloro
at DWQ, Wetlands and Stormwater Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Thank- you for your cooperation and assistance in this prograrn evaluation. County staff were helpful
during the evaluation, and we appreciate your efforts to protect North Carolina's valuable natural
resources. If you have any questions, please contact me by phone [phone] or email
iulie.ventaloro(dncdenr.gov.
Sincerely,
Julie Ventaloro
WSWP Program Coordinator
Enclosures: March 27, 1997 letter from McDowell County to DWQ re: Catawba River WS-IV-PA
April 17, 1998 letter fi-om DWQ to McDowell County re: Catawba River WS-IV-PA
March 30, 1998 letter from DWQ to McDowell County re: Armstrong Creek reclassification
cc: Susan Wilson, DWQ-Asheville RO
Linda Wiggs, DWQ-Asheville RO

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 9, 2010
Ronald Harmon
Planning Administrator
County Administratioli Bldg.
60 East Court Street
Marion, NC 28752
S ubj ect:
Dee Freeman
Secretary
XXTafar Cnnr�ly XXTa+Archn`l 4/r l+O +1l�N ,+r �M•01Y1 A „A;+ "
Dear Mr. Hannon:
The North Carolina Division of "Water Quality (DWQ) conducted a compliance audit of McDowell
County's water supply watershed protection program on May 20, 2010. The meeting was attended by
Ronald Hannon, McDowell County P1aluling Administrator; Jerry Silvers, Director of Building
Inspections; and Julie Ventaloro, Susan Wilson, and Linda Wiggs with DWQ. The purpose of the audit
was to evaluate the county's compliance with the requirements of North Carolina General Statute 143-
214.5 and Rule 15A NCAC 2B .0104(b) which requires that local governments having land use
jurisdiction within a water supply watershed adopt and implement land use ordinances. The ordinances
must meet the minimum requirements of the Environmental Management Commission's (EMC) rules
under 15A NCAC 2B A100 and .0200. Failure by a local govenunent to properly administer its ordinance
can result in assumption of the local program by the EMC and civil penalties pursuant to N.C.G.S. 143-
215..6A(e). .
Our review of the county's program and documents provided during the meeting indicate that McDowell
county's watershed protection program is generally compliant and needs just a few modifications to be
fully compliant with state requirements. These modifications are outlined below.
1. Amend Section 304 of the county's Watershed Ordinance to increase the required buffer on
10/70 projects fi•oxn 30 ft°-�.t to 100 feet on perennial streams.
Section 304 of McDowell County's.Watershed Ordinance currently requires 30'. vegetative buffers
for development activities along perennial waters. Please be advised that projects approved under
the county's 10/70 provision are considered a type of "high -density" development and must have
Wetlands and Stormwater Branch
1617 Mail Service Center,.Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 o11�8.t1�c3,i ®�llla.
Phone: [phone]'1 FAX: [phone] Customer Service: 1-877-623.6748 1�
Internet: www.nc4vaterquality.org ATOl u,/�
An Equal Opportunity 1 Affrmative Action Employer ��A4 ral`Y

Page 2 of 4 -
100-foot vegetative buffers per 15A NCAC 213 .0214(3)(b)(i)(G), 15A NCAC 213
.0215(3)(b)(i)(6) and 15A NCAC 2B .0216(3)(b)(i)(F).
2. Submit to DWQ a record of variances granted by the county's Watershed Review Board.
DWQ has no record of variances issued by the county. Upon receipt of this letter, please submit to
DWQ a list of variances granted to date. Include a brief description of each.project that received a
variance and the reasons for granting the variance. This is a requirement of the state's Water
Supply rules as well as a requirement of the McDowell County Watershed Ordinance, Section
501(F).
3. Confirm that `Certificate of Approval for Recording' is being recorded on plats.
Please provide confirmation that the `Certificate of Approval for Recording' as shown in Section
202(D) of the county's Watershed Ordinance is being recorded on plats. The certificate should
indicate when a property is located within a Public Water Supply Watershed, and it should be
signed by the county's Watershed Administrator.
4. Add language to the county's Watershed Ordinance to emphasize the requirement that
stormwater be transported by vegetated conveyance.
We suggest adding the following language, or something similar, to Section 302 of the ordinance:
Pursuant to North Carolina Administrative Codes and this Ordinance, all projects that
utilize the low -density option must first be determined if transportation of stormwater by
vegetated conveyances is practicable. If transportation of stormwater on the site can be
practicably done by the use of vegetated conveyances, then the standard curb and gutter
and stormwater drain collection systems are not allowed. That is; the below listed
vegetated swale specifications are required.
a. Vegetative swale requirements
i. A vegetated conveyance device such as a swale shall be used to provide
transportation of stormwater runoff. The construction of the swale must provide
for even distribution of runoff across the width of the vegetated swale;
ii. The slope and length of the vegetative swale shall be designed, constructed, and
maintained so as to provide a non -erosive velocity of flow through the swale for
the 10-year storin and shall have a slope of five percent or less, where practicable;
and
iii.Vegetation in swale may be natural vegetation, grasses, or artificially -planted
wetland vegetation appropriate for the site characteristics.
In lieu of use of only vegetative swales in these settings, curb and gutter collection
systems may be used if below listed curb outlet systems are employed:
b. Curb Outlet systems
i. Projects that meet the low -density provisions may use curb and gutter with
outlets to convey the stormwater to vegetated areas.
ii. The curb outlets shall be located such that swale or vegetated area can -carry the peak
flow from the 10-year stoini and the velocity of the flow shall be non -erosive;

Page 3 of 4
iii. The side slopes of the swales or vegetated areas shall not be steeper than 5:1
(horizontal to vertical). Where this is not practical due to physical constraints, devices
to slow the rate of runoff and to encourage infiltration to reduce pollutant delivery shall
be provided; and
iv. The swales or vegetated areas for curb outlet systems should be designed to extend
the maximum length practicable (e.g., 100-foot filter length).
Alternatively, the county may require Watershed Protection Pennit applicants to certify that
their vegetated swales meet the design requirements of the North Carolina Stormwater Best
Management Practices Manual (http://portal.nedenr.org/web/wq/ws/su/bmp-chl4).
5. (Optional) Require that vegetated buffers be recorded on final plats.
DWQ recommends that the county require that buffers be recorded on final plats. This
requirement could be included in Section 202 of your ordinance which already requires that plats
contain a statement that the property is located within a Public Water Supply Watershed. You are
riot required to make this revision, but it may be helpful in ensuring that subsequent owners of a
property are aware of the presence of protected watershed buffer areas.
6. (Optional) Modify Land Development Permit and Watershed Protection Permit applications
to require addition al.information.
• DWQ recommends that the county revise its Land Development Permit application form to
require that applicants identify whether projects are located in a state High Quality Water
(HQW) Management Zone. There are currently several areas within'McDowell County that
are subject to the state's HQW stornwater management regulations under 15A NCAC 2H
1000. The county can download GIS shapefiles that display the HQW areas at:
http://www.noonemaL.coln/. Another helpful resource is DWQ's Stonnwater Pennitting
Interactive Map Viewer at http://portal.nedenr.ora/web/wq/ws/su/rnaps. The Viewer is a tool to
help determine whether a proposed development activity is subject to stonnwater programs,
including state stormwater programs (e.g., HQW).
o In addition, we recommend that your Land Development Permit form require applicants to
certify that they have obtained all other necessary state and federal permits (e.g., 404/401, State
Stonnwater Permit, S&EC) before applying for a county pen -nit.
• Lastly, we recommend that you revise your Watershed Protection Permit process to require
that applicants identify wheth;:r there are perennial surface waters located on the property and
to identify the locations of they:waters on site plans. This will enable you to more quickly
identify whether vegetated buffers will be required on subject streams or lakes.
While you're not required to make these particular modifications, we believe they would help
promote compliance with your local watershed ordinance and also provide an additional safeguard
against potential violations. of the state's stonnwater rules.

Page 4 of 4
7. (Optional) Remove Catawba River WS-IV Protected Area from Watershed Ordinance and
Map.
The county may remove from its Watershed Ordinance language in Sections 301 and 302 .
pertaining to the Catawba River WS-IV Protected Area. The county's Watershed Map may also
be revised. At the request of McDowell County, the Catawba River (Morganton) WS-IV Protected
Area was reduced in size, effective April 1, 1999. For your records, I have enclosed a copy of the
original letter- from the county requesting the reduction of the protected area as well as a letter from
NCDENR notifying the county of the approved change. Please note that you are not required to
modify your ordinance or map to reflect the reduction in the Protected Area. If you choose to
make the modifications, the revised ordinance and map (1:24,000 scale USGS topographical) will
need to be submitted to DWQ for approval.
8. (Optional) Remove Armstrong Creek WS-II watershed from Watershed Map.
The county may remove fiom its Watershed Map the Armstrong Creek watershed area. It was
reclassified from Classes WS-II, WS-II-CA, WS-II Tr (trout), and C Tr to Classes C HQW and C
Tr HQW effective April 1, 1999. As with Item 7 above, you are not required to make this
modification to your map. If you choose to make the modification, the revised map will need to be
submitted to DWQ for approval. For your infoiniation, I have enclosed a letter from DWQ to
McDowell County regarding the public hearing that was conducted on this reclassification.
Please provide a written description of how McDowell County will respond to the issues detailed in this.
letter within 30 days of your receipt of this letter. Mail this information to the attention of Julie Ventaloro
at DWQ, Wetlands and Stoi7nwater Branch, 1617.Mail Service Center, Raleigh, NC 27699-1617.
Thank you for your cooperation and assistance in this prograin evaluation. County staff were helpful
during the evaluation, and we appreciate your efforts to protect North Carolina's valuable natural
resources. If you have any questions, please contact me by phone (919)_807-6370 or email
i uli e. vental oro (,,-�ncdenr. g6v.
Sincerely,
Julie Ventaloro
WSWP Program Coordinator
Enclosures: March 27, 1997 letter from McDowell County to DWQ re: Cata,,v�ba River WS-IV-PA
April 17, 1998 letter from DWQ to McDowell County re: Catawba River WS-IV-PA
March 30, 1998 letter from DWQ to McDowell Comity re: Armstrong Creek reclassification
cc: Susan: Wlso3l;.DWQ=Aslieville RO
Linda Wiggs, DWQ-Asheville RO

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. Charles Abernathy, Manager
McDowell County
10 East Court Street
Marion, North Carolina 28752
Dear Mr. Abernathy,
e� �
r
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONM,ENTA09:;NATUF2AL RESO_UF CES'
April 17, 1998
11 l I t
J U N 1 '1 2010 �
Subject: Approval for Reducing the Catawba River (Morganton) WS-IV Water Supply
Watershed Protected Area
This letter is to notify you that local governments having land use jurisdiction within the WS-IV Protected
Area of the Catawba River- (Morganton) water supply watershed may in their water supply watershed
maps and ordinance as needed. The Environmental Management Commission approved the reduction in size
of the Catawba River (Morganton) WS-IV Protected Area at their October 8, 1998 meeting. The General
Assembly reviewed the adopted change and did not disapprove the revisions. Therefore, starting April 1,
1999, you may revise and begin implementing water supply watershed protection ordinances based on the
reduced WS-IV Protected Area. A map illustrating the revised Protected Area boundary and a copy of the
adopted Schedule of Classifications for the Catawba River Basin (15A NCAC 2B .0308) that is based on the
revised Protected Area boundary are enclosed.
Please note that you are not required to modify your water supply watershed, protection ordinance or maps to
reflect the reduction in the Protected Area. However, if you choose to make the modifications, we request
that you submit .to us your revised water supply protection ordinance (only if changes were made to the
ordinance) and maps (1:24,000 scale USGS topographical) outlining the revised WS-IV Protected Area
boundary as soon as the revisions are completed. If you need assistance with obtaining a more detailed
version of the enclosed water supply map, you may contact Cheryl Pearce with the Center for Geographic
Information and Analysis at 919-715-0713. If you have questions, you may call Liz Kovasckitz at 919-733-
5083, extension.572 or meat extension 566.
Sincerely,
Steve Zoufaly
C: Alan Lang, DCA ARO
Forrest Westall, DWQ ARO
Paul Hughes, Region C COG
Sally Sandy, Morganton
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

Catawba River (Morganton) Catawba
Adopted Amendment.
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Water Supply Watershed Fact Sheet
(Approved Amendment)
Watershed: Catawba River (Morganton)
Major River Basin: Catawba
User(s) :
Current Classification: WS-IV
Watershed Drainage Area_:
Watershed or Protected Area: 8,677 acres
Critical Area: 190 acres
Total Area: 8,867 acres
Approximate Jurisdictional Composition Of Watershed:
Percent of Percent of
Counties Acres Watershed Jurisdiction
BURKE 7,986 90 2
- - -- — -,------Percent of ---Percent of -
Municipalities Acres Watershed Jurisdiction
Glen Alpine 723 8 69
Morganton 158 2 1
Existing DOMESTIC type dischargers:
Existing INDUSTRIAL type dischargers:
Land Use:. Moderate to Highly Developed
Area 1:24,000-scale quad names (& numbers):
Glen Alpine (E11NE)
Morganton South (E12NW)
Oak Hill (D11SE)

EHNR - ENVIRONMENTAL MANAGEMENT
2B .0300
0308 CATAWBA RIVER BASIN
Name of Stream
Classification
Description Class Date Index No.,
Buckwheat Branch From source to Linville River C 3/1/62 11-29-12
Stamey Creek (Golden From source to Linville River C 3/1/62 11-29-13
Creek)
Canoe Branch
From source to Linville River
C
3/l/62
11-29-14
Camp Creek
From source to Linville River
C Tr
3/l/62
11-29-15
Linville River
From Linville Falls to Southern
B Tr HQW
8/1/90
11-29-(16)
Boundary of Daniel Boone Wildlife
Management Area
Gulf Branch
From source to Linville River
C
3/1/62
11-29-17
Bull Branch
From source to Linville River
C
3/1/62
11-29-18
.Linville River
From southern Boundary of Daniel Boone
B HQW
4/l/99
11-29-(19)
Wildlife Management Area to Lake
James, Catawba River
Chimney Branch
From source to Linville River
C
3/1/62
11-29-20
Cambric Branch
From source to Linville River
C
3/l/62
11-29-21
Shooks Creek
From source to Linville River
C Tr
7/1/73
11-29-22
Sandy Branch
From source to Shooks Creek
C Tr
7/1/73
11-29-22-1
White Creek
From source to Lake James, Catawba
C
4/1/99
11-30
River
CATAWBA RIVER (including
From Bridgewater Dam (Linville Dam)
WS-V
4/l/99
11-(31)
- - backwaters -of- Rhodhiss- . —
to a point- 0.6 mile upstream-of
Lake below -elevation 995)
Muddy Creek
CATAWBA RIVER (including
From a point 0.6 mile upstream of
WS-IV
4/1/99
ll-(31.5)
backwaters of Rhodhiss
Muddy Creek to a point 1.2 mile
Lake below elevation 995)
upstream of Canoe Creek
Muddy Creek
From source to a point 0.5 mile
C
4/1/99
11-32-(0.5) _
upstream of mouth
North Muddy Creek
From source to Muddy Creek
C
4/1/99
11-32-1
Hicks Branch
From source to North Muddy Creek
C
9/l/74
11-32-1-1
Goose Creek. -(Glade
From source to North Muddy Creek
C
9/1/74
11-32-1-2
Creek) ,
West Fork Goose Creek
From source to Goose Creek
C
9/1/74
11-32-1-2-0.5
Stanfords Creek
From source to Goose Creek
C
9/l/74
11-32-1-2-1
(Camp Branch)
Huntsville Creek
From source to Stanfords Creek
C
9/1/74
11-32-1-2-1-1
Bobs Creek
From source to North Muddy Creek
C
9/l/74
11-32-1-3
Youngs Fork (Coperning
-
From source to North Muddy Creek
.. -.-
C _
9/1/74
11-32-1-4
.... _.... ..
Creek)
--
.... _ . ..
...
..­ ... ..-. __ ... .-..... .
Jacktown Creek
From source to Youngs Fork
C
9/1/74
11-32-1-4-1
Bledsoe Branch
From source to North Muddy Creek
C
9/1/74
11-32-1-5
Huckleber.1 Branch
From source to North Muddy Creek
C
9/l/74
11-32-1-6
White Branch
From source to North Muddy Creek
C
9/1/74
11-32-1-7
Caleb Branch
From source to North Muddy Creek
C
9/l/74
11-32-1-8
Big Camp Creek
From source to North Muddy Creek
C
9/1/74
11-32-1-9
Little Camp Creek
From source to Big Camp Creek
C
9/l/74
11-32-1-9-1
Walton Crawley Branch
From source to North Muddy Creek
C
9/1/74
11-32-1-10
Neighbors Branch
From source to Walton Crawley Branch
C
9/1/74
11-32-1-10-1
Ferguson Branch
From source to Walton Crawley Branch
C
9/1/74
11-32-1-10-2
6

EHNR - ENVIRONMENTAL MANAGEMENT
2B .0300
0308 CATAWBA RIVER BASIN
Name of Stream Description
Thcmpsons Fork
From source to North Muddy Creek
Shehan Branch
From source to Thompson Fork
Big Branch
From source to Shehan Branch
Hemphill Creek
From source to Thompson Fork
South Muddy Creek
From source to Muddy Creek
Cove Branch
From source to South Muddy Creek
Newcombe Branch
From source to South Muddy Creek
Moores Branch
From source to South Muddy Creek
Jackson Branch
From source to South Muddy Creek
--Spruce Branch -
From-source'to South Muddy -Creek '
High Shoals Creek
From source to South Muddy Creek
Baker Branch
From source to High Shoals Creek
Barnes Branch
From source to High Shoals Creek
Katy Creek (Allen
From source to South Muddy Creek
Mill Creek)
Mill Branch (Lake
From source to Katy Creek
David)
Alexander Branch
From source to South Muddy Creek
Hoppers Creek (South-
From source to South Muddy Creek
east Muddy Creek)
.South Fork Hoppers-.
Creek
Classification
Class Date Index No.
C
4/l/99
11-32-1-11
C
9/1/74
11-32-1-11-1
C
9/l/74
11-32-1-11-1-1
C
9/1/74
11-32-1-11-2
C
4/l/99
11-32-2
C
9/l/74
11-32-2-1
C
9/l/74
11-32-2-2
C
9/1/74
11-32-2-3-
C
9/l/74
11-32-2-4
C
9/l/74
11=32-2=5
C
9/1/74
11-32-2-6
C
9/l/74
11-32-2-6-1
C
9/1/74
11-32-2-6-2
C
9/l/74
11-32-2-7
C
C
C
From source to Hoopers"Creek--- C__ - -
9/1/74 11-32-2-7-1
9/l/74 11-32-2-8
4/1/99 11-32-2-9
-9/1/74 --- 11-32-2-9-1- --
Magazine Branch
From source to Hoppers Creek
C
9/1/74
11-32-2-9-2
Mollys Branch
From source to Hoppers Creek
C
9/1/74
11-32-2-9-3
Long Branch
From source to South Muddy Creek
C
4/l/99
11-32-2-10
Large Branch
From source to Long Branch
C
9/1/74
11-32-2-10-1 .
Patten Branch
From source to South Muddy Creek
C
4/l/99
11-32-2-11
Old Catawba River
From Catawba River Dam at N.C. Hwy.
C
4/1/99
11-32-3
26 to Muddy Creek
Shadrick Creek
From source to Old Catawba River
C
4/1/99
11-32-3-1
Nix Branch
From source to Shadrick Creek
C
4/1/99
11-32-3-1-1
Reedy Creek
From source to Muddy Creek
C
4/1/99
11-32-4
Paddy Creek
From source to Muddy Creek
C
4/1/99
11-32-5
Muddy Creek
From a point 0.5 mile upstream of
WS-IV
4/1/99
11-32-(6)
mouth to Catawba River
CATAWBA RIVER (including
From a point 1.2 miles upstream of
WS-IV CA
8/3/92
11-(32.3)
backwaters of Rhodhiss
Canoe Creek to a point 0.7 mile up -
E
Lake: 1oW e1•evatiou'995)"
seam fi"of"Canoe"Creek jMorganton-` ' "
water supply intake)
CATAWBA'RIVER (including
From a point 0.7 mile upstream of
WS-IV
8/3/92
11-(32.7)
backwaters of Rhodhiss -
Canoe Creek to a point 0.6 mile up -
Lake below elevation 995)
stream of Warrior Fork
Canoe Creek
From source to Burke County SR 1248
C
3/1/62
11-33-(1)
Canoe Creek
From Burke County SR 1248 to
WS-IV
8/3/92
11-33-(2)
Catawba River
Silver Creek
From source to a point 1.3 miles
C
3/1/62
11-34-(0.5)
downstream of Clear Creek
Brindle Creek
From source to Silver Creek
C
3/l/62
11-34-1
7

3
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
March 30, 1998
Mr. Dean K. Chapman, Chairman
McDowell'County Board of Commissioners
County Administration Building
10 East Court Street C"D
Marion, NC 28752
Dear Chairman Chapman:
Subject: Proposed High Quality Waters (HQW) reclassification of Armstrong Creek;)
and tributaries in McDowell County (Catawba River Basin) <,
McDowell County officials have requested that the Division of Water Quality
remove the WS-II water supply classification from the Armstrong Creek watershed.
Armstrong Creek was used by a local industry, Coats American, as a source for
process water and drinking water for its employees. The company switched to. well
water in October, 1997 for their drinking water supply source. In addition to being
considered HQW by definition (as it is under Class WS-H), Armstrong Creek was
evaluated by DWQ Environmental Sciences Branch staff and received an Excellent
water quality bioclassification rating. This also qualifies it for classification as
HQW. The Environmental Management Commission is proposing to reclassify
Armstrong Creek, and all tributaries, from Classes WS-II, WS-H CA, WS-II Tr,
and. C Tr to Classes C HQW and C Tr HQW.
The proposed rule change willnot have significant -impacts: The reclassif cation will
result in generally less stringent stormwater and wastewater discharge requirements
in the Armstrong Creek watershed. Under the current WS-H classification, only
general permit discharges are allowed. Development density requirements
associated with the WS-H classification limit development to 1 dwelling unit (du)
per 2 acres in the WS-H Critical Area and 1 du per acre in the balance of the
watershed (low density option). A high density option, which requires the
management of runoff from the first inch of rainfall using engineered stormwater
controls, allows development up to 24% built upon area in the CA and 30% built
upon area in the balance of the watershed,. Examples of engineered stormwater
controls include grassed swales, detention basins, filter strips, and bioretention
areas. Thirty foot stream buffers are required with the low density option, and 100
foot buffers are required with the high density option. More stringent sedimentation
and erosion control practices, such as stricter timelines for establishing ground
cover and detailed specifications on sedimentation basins are required in WS-H
water supply watersheds for land disturbing activities which require a
Sedimentation and Erosion Control Plan (disturbing one acre or more of land) and .
that are within one mile and draining to the waters..
If reclassified, domestic and industrial wastewater dischargers will be allowed (new
and expanding wastewater dischargers to High Quality Waters have additional
treatment requirements beyond what is required for dischargers to Class C waters).
New single family residence wastewater'discharges to surface waters would not be
allowed. Currently, there are no permitted single family wastewater discharges in
the Armstrong Creek watershed. More stringent sedimentation and erosion control
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE 919-733-SO83 , FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER

practices would continue to be applied to land disturbing activities which require a Sedimentation
and Erosion Control Plan -and that are within one mile and. draining to the streams. Instead of
applying to the entire watershed, as is the case in WS-II watersheds, state land use development
criteria would apply only to land disturbing activities which require a Sedimentation and Erosion
Control Plan and that are within one mile and draining to HQW streams. Development density
requirements for HQWs are as follows: the low density option allows development at 1 dwelling
unit per acre, or 12 percent built upon area, and requires 30 foot buffers along all perennial waters.
Under the high density option, no development density limit is specified, but engineered
stormwater controls must control runoff from one inch of rainfall. One hundred foot buffers along
streams are required with the high density option. The additional and more stringent instream
numeric water quality standards for human health that are in place because of the current water
supply classification would be removed if the streams are.reclassified.
A public hearing will be held in Marion, North Carolina on May 28, 1998 at:7:00 p.m. at the
McDowell County Courthouse. The purpose of the public hearing is to receive comments on the
proposed reclassification of Armstrong Creek and its tributaries to HQW. The Environmental .
Management Commission values your input into such proposals and encourages you to provide
comments verbally at the hearing or in writing to me prior to June 28, 1998. If reclassified, the
effective date is expected to be April 1, 1999.
I have enclosed a copy of a Public Announcement which contains summary information
concerning the proposed reclassification described above. If you have any questions or comments,
please feel free to call me at [phone], extension 572.
Sincerely,
Liz vasckitz
Classifications and Standards
Enclosure -- .. _._. - - - - ----- -
cc: Charles Abernathy, McDowell County Manager
Forrest Westall, DWQ, Asheville Regional Office
Alan Lang, DCA, Asheville Regional Office
Dave Goodrich, DWQ, NPDES Unit
Ruth Swanek, DWQ, Modeling/TMDL Unit
Lisa Martin, DWQ, Local Government Assistance Unit

EN
PROPOSED RECLASSIFICATION OF ARMSTRONG CREEK:
PUBLIC HEARING SET FOR MAY
The N.C. Department of Environment and Natural Resources on behalf of the Environmental Management
Commission (EMC) -will conduct a public hearing in order to receive public comments on the proposed
reclassification of Armstrong Creek in McDowell County (Catawba River Basin) to High Quality Waters
(HQW).
PUBLIC HEARING
Location: McDowell County Courthouse Date -.-.May 28, 1998
1 South Main Street Time: 7:00 p.m.
.Marion, NC
The criteria for designation. to High Quality Waters includes those waters which are rated as excellent based on
biological and physical/chemical characteristics through' Division of Water Quality (DWQ) monitoring or special
studies, native and special native trout waters 'designated by the Wildlife Resources Commission, primary
nursery areas designated by the Marine Fisheries Commission and other functional nursery areas designated by
the Wildlife Resources Commission, critical habitat areas designated by the Wildlife Resources Commission or
the Department of Agriculture, all water supply watersheds which are either classified as WS-I or WS-II or
those for which a formal petition for reclassification as WS-I or WS-II has been received from the appropriate
local government and accepted by DWQ, and all Class SA waters.
McDowell County officials have
requested that DWQ remove the
WS-II water supply classification
watershed. Until October, 1997
the stream had been used by a
local industry as a source for
process water and drinking water
for its employees. In addition to
being considered HQW by
definition (as it is under Class
WS-II), Armstrong Creek was
evaluated by DWQ Environmental
Sciences Branch staff and
received an Excellent water
quality bioclassification rating.
The EMC is proposing to
reclassify Armstrong Creek, and
all tributaries, from Classes WS-
II, WS-II CA, WS-II Tr, and C
Tr to Classes C HQW and C Tr
HQW.
Proposed Reclassification of Armstrong Creels
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Proposed High
Quality Waters
The reclassification would result in generally less stringent requirements being placed on the regulated
community in the Armstrong Creek watershed. The following table highlights some, requirements which apply
to the Armstrong Creek watershed under its current WS-II classification, in comparison to what would apply if
reclassified to HQW.

Proposed Reclassification of Armstrong Creek to HQW
. Current WS-II
Proposed High Quality Waters
requirements apply only to areas within
requirements apply to entire watershed
except additional sedimentation and
one mile and draining to High Quality
erosion control measures
Waters
Wastewater Dischargers
general permit discharges only
domestic & industrial discharges allowed,
new and expanding discharges have
additional treatment requirements, no new
discharges from single family residences
Development Density ',
low density option - 1 dwelling unit (du)
low density, option- 1 du/acre or 12%
note: the high density option requires that
per acre or 6% built upon area in the
built upon area
the first inch of runoff from a rain event
Critical Area (CA) and 1 du/acre yr 12%
high density option- no limit specified
be controlled through the use of
built upon area in the balance of the
engineered stormwater controls;
watershed
stormwater control systems must be
high density option- 6%-24% built upon
designed to remove 85% of total
area in the CA and 12%-30% built upon
suspended solids
area in the balance of the watershed
Additional Sedimentation &
Division of Land.Resources sedimentation
Division of Land Resources sedimentation
Erosion Control Requirements
& erosion control requirements apply to
& erosion control requirements apply to
developments disturbing one acre or more
developments disturbing one acre or more
in areas which are within one mile and.
in areas which are within one mile and
drainingto WS-H streamsdraining
to H W streams
Stream Buffers
low density - 30 feet
low density - 30 feet
high density - 100 feet
high densiry - none fe uired
How to Submit Comments:
The purpose of this announcement is to encourage those interested in this proposal to provide comments. You
may either attend the public hearing and make relevant verbal comments or submit written comments, data or
other relevant information by June 28. 1998. The Hearing Officer may limit the length of time that you may
- — - --speak-at-the-public-hearing;%-if-necessary,—so-that-ail-those-who wish to -speak -may -have -an -opportunity to do so: -
We encourage you to submit written comments as well.
The Environmental Management Commission is very interested in all comments pertaining to the proposed
reclassification. All persons interested and potentially affected by the -proposal are strongly encouraged to read
this entire announcement and make comments on the proposed reclassification. The EMC may not adopt a rule
that differs substantially from the text of the proposed rule publishdd in the North Carolina Register unless the
EMC publishes the text of the proposed different rule and accepts comments on the new text (see General
Statute 150B 21.2 (g)). The proposed effective date for the final rules pursuant to this hearing process is April
1, 1999. Written comments may be submitted to Liz Kovasckitz of the Water Quality Planning Branch at the
address listed below.
For Additional Information:
Further explanations and details on the proposed reclassification of Armstrong Creek and other classifications
may be obtained by writing or calling:
Liz Kovasckitz
DENR/Division of Water Quality
Planning Branch
P.O. Box 29535
Raleigh, NC 21626-0535
[phone], extension 572
In the case of inclement weather on the day of the public hearing is scheduled, please contact the above
telephone number for a recorded message on any changes to the location, day or time of the hearing.

10 East Court Street • Marion, North Carolina 28752 Y [phone]
March 27, 1997
Liz Kovasckitz
Division of Water Quality
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Ms: Kovasckitz:
Enclosed is a copy of a resolution adopted by the McDowell County Board of Commissioners on
March 3, 1997. The resolution requests that the DEM amend its watershed maps for the WSIV
watershed in McDowell County to reflect an area of ten stream miles instead of ten land miles.
The Catawba. River Watershed in eastern McDowell County is the only watershed within the
County that should be affected. If you have any questions please give me a call.
Sincerly,
c
Kelly Pipes
Watershed Administrator
enclosure
T

Resolution Requesting Amendment
to
State Water Supply Watershed Protection Map
WHEREAS, the Environmental Management Commission has recently issued an
interpretive statement setting forth its intent with respect to the delineation of protected areas for
WS-IV water supply watersheds on the state water supply watershed protection maps where the
intake is located directly in a stream or river (run -of -the -river intakes); and, ,
WHEREAS, as a result thereof, the definition of "Protected Area" as found in the
applicable provisions of the North Carolina Administrative Code, has been clarified such that the
ten (10) mile protected area for WS-IV water supply intakes located directly in a stream or river
may be measured using ten (10) stream miles in lieu of ten (10) land miles; and,
WHEREAS, as a local government affected by such interpretive statement, it is the desire
of the Board of Commissioners of the County of McDowell that the watershed area over which it
has jurisdiction be redefined and redrawn so as to reflect the interpretation above described.
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County
of McDowell as follows:
1. That it desires the official state water supply watershed protection maps for WS-
IV classification run -of -the -river water supply intakes in all areas over which the County of
McDowell has jurisdiction, as prepared by the Division of Environmental Management of the
North Carolina Department of Environment, Health and Natural Resources, be amended so as to
reflect the interpretive statement as hereinabove described.
2. That a copy of this Resolution be forwarded to the Division of Environmental
Management as soon as practicable so as to inform the Commission of the provisions hereof
Duly adopted.,this 3rd day of March, 1997.
v
ATTEST:
Came: Padgett
Clerk to the.Bbard
MCDOWELL COUNTY BOARD ( COMMISSIONERS
Chairman

McDowell County
May 13, 2010
Tony Boyd
1297 Hwy 70 West
Marion, NC 28752
60 East Court Street • Marion, North Carolina 28752
Telephone: [phone] • Fax: [phone]
Website: www.mcdoweUgov.com
Re: McDowell County Watershed Violation/Floodplain Violation
Mr. Boyd:
This letter will serve as notification of violation of the McDowell County
Watershed Ordinance and the McDowell County Flood Damage Protection ordinance.
Your property is located in the Buck Creek Watershed II Critical area directly upstream
from the City of Marion's water intake. These waters are classified as High Quality
Waters (HQW) and Trout Waters. In accordance with Section 304, A minimum thirty (30)
foot vegetative buffer for development activities is required along all perennial waters
indicated on the most recent versions of the U.S.G.S 1: 24, 000 (7.5minute) scale
topographic maps as determined by local government studies. Desirable artificial
Streambank or shoreline restoration is permitted.
You have recently replaced a tile under the roadway leading to Creekside Campground,
and the stormwater runoff is diverted directly into Buck Creek, stormwater must be
diverted away from all surface waters in the Buck Creek Watershed. In the process of this
work you have disturbed the 30 foot vegetative buffer removing layers of soil and
vegetation cutting a ditch through the buffer which is a direct violation of the Watershed
Ordinance. The buffer is measured from the top of the creek bank back 30 feet. The
buffer will need to be reestablished from the edge of Buck Creek to the edge of the drive.
You have also violated the conditions of the McDowell County Flood Damage Protection
Ordinance. The area in which you have excavated was located in a designated
Floodway/Non encroachment area on Buck Creek. You did not obtain a floodplain permit
to conduct this work and therefore are in violation of the ordinance.
Action to remove the drainage pipe and restore the buffer to the natural state prior to
excavation must be taken and accomplished within 30 days of receipt of this letter due to
the proximity to the Water Intake. I am enclosing a copy of Guidelines for Riparian

Buffer Restoration from NCDENR. This should be the guidelines you follow to
reestablish the buffer. I also ask that you submit to this office a written plan of action for
accomplishment of this work. Please note that simply filling the ditch with dirt and
sowing grass will not be sufficient. Trees and shrubs must also be replanted in this area.
You will also need to contact Jerry Silvers McDowell County Floodplain Administrator
concerning the Floodway/Non encroachment area and how restoration work can be done
within the guidelines of the Flood Damage Prevention Ordinance.
If you would like to appeal this decision you may appear before the McDowell County
Watershed Review Board. Failure to correct these violations will result in being guilty of
a misdemeanor, and upon conviction being punished in accordance with N.C.G.S 14-4.
The maximum fine for each violation shall not exceed $500.00. Each day the violation
continues shall constitute a separate offense.
In addition the Board of Commissions may also levy a civil penalty in the amount of
$100.00, as well as the North Carolina Environmental Management Commission may
assess civil penalties in accordance with N.C.G.S 143-215.6 (a). Each day that the
violation continues shall constitute a separate offense.
Thank you in advance for your cooperation in this matter.
:S,incerelje
Ronald H Harmon
McDowell County Watershed Administrator
Cc: Fred Coats, McDowell County Attorney
Chuck Abernathy McDowell County Manager
Ray McCall, NCDENR-Public Water Supply
Bob Boyette, Marion City Manager
Jerry Silvers, McDowell County Floodplain Administrator
McDowell County Watershed Files
:enclosures

McDowell County
May 13, 2010
Tony Boyd
1297 Hwy 70 West
Marion, NC 28752
MAY 17 2010
60 East Court Street • Marion, North Carolina 28752
Telephone: [phone] • Fax: [phone]
Website: www.mcdoweHgov com
Re: McDowell County Watershed Violation/Floodplain Violation
Mr. Boyd:
This letter will serve as notification of violation of the McDowell County
Watershed Ordinance and the McDowell County Flood Damage Protection ordinance.
Your property is located in the Buck Creek Watershed H Critical area directly upstream
from the City of Marion's water intake. These waters are classified as High Quality
Waters (HQW) and Trout Waters. In accordance with Section 304, A minimum thirty (30)
foot vegetative buffer for development activities is required along all perennial waters
indicated on the most recent versions of the U.S. G. S 1: 24, 000 (7. Sminute) scale
topographic maps as determined by local government studies. Desirable artificial
Streambank or shoreline restoration is permitted.
You have recently replaced a tile under the roadway leading to Creekside Campground,
and the stormwater runoff is diverted directly into Buck Creek, stormwater must be
diverted away from all surface waters in the Buck Creek Watershed. In the process of this
work you have disturbed the 30 foot vegetative buffer removing layers of soil and
vegetation cutting a ditch through the buffer which is a direct violation of the Watershed
Ordinance. The -buffer is measured from the top of the creek bank back 30 feet. The
buffer will need to be reestablished from the edge of Buck Creek to the edge of the drive.
You have also violated the conditions of the McDowell County Flood Damage Protection
Ordinance. The area in which you have excavated was located in a designated
Floodway/Non encroachment area on Buck Creek. You did not obtain a floodplain permit
to conduct this work and therefore are in violation of the ordinance.
Action to remove the drainage pipe and restore the buffer to the natural state prior to
excavation must be taken and accomplished within 30 days of receipt of this letter due to
the proximity to the Water Intake. I am enclosing a copy of Guidelines for Riparian

Buffer Restoration from NCDENR. This should be the guidelines you follow to
reestablish the buffer. I also ask that you submit to this office a written plan of action for
accomplishment of this work. Please note that simply filling the ditch with dirt and
sowing grass will not be sufficient. Trees and shrubs must also be replanted in this area.
You will also need to contact Jerry Silvers McDowell County Floodplain Administrator
concerning the Floodway/Non encroachment area and how restoration work can be done
within the guidelines of the Flood Damage Prevention Ordinance.
If you would like to appeal this decision you may appear before the McDowell County
Watershed Review Board. Failure to correct these violations will result in being guilty of
a misdemeanor, and upon conviction being punished in accordance with N.C.G.S 14-4.
The maximum fine for each violation shall not exceed $500.00. Each day the violation
continues shall constitute a separate offense.
In addition the Board of Commissions may also levy a civil penalty in the arnount of
$100.00, as well as the North Carolina Environmental Management Commission may
assess civil penalties in accordance with N.C.G.S 143-215.6 (a). Each day that the
violation continues shall constitute a separate offense.
Thank you in advance for your cooperation in this matter.
Sincerel
Ronald H Harmon
McDowell County Watershed Administrator
Cc: Fred Coats, McDowell County Attorney
Chuck Abernathy McDowell County Manager
Ray McCall, NCDENR-Public Water Supply
Bob Boyette, Marion City Manager
Jerry Silvers, McDowell County Floodplain Administrator
McDowell County Watershed Files
:enclosures

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phone atgoogle.com/gmm
I Old US Highway 70, Swannanoa, NC
1. Head west on Old US Hwy 70 toward Lanier Ln
About 2 mins
2. Take the 1 st left onto Whitson Ave
70 3. Take the 1 st left onto US-70 E
About 8 mins
4. Take the ramp onto 1-40 E
About 16 mins
5. Take exit 81 toward Marion
41 6. Turn left at Sugar Hill Rd
About 5 mins
7. Continue onto W Henderson St
About 3 mins
8. Turn left at S Main St
About 1 min
9. Take the 1st right onto E Court St
17 Destination will be on the right
„_' 60 E Court St, Marion, NC 28752
go 0.7 mi
total 0.7 mi
go 226 ft
total 0.8 mi
go 5.4 mi
total 6.2 mi
go 16.4 mi
total 22.6 mi
go 0.1 mi
total 22.7 mi
go 2.1 mi
total 24.8 mi
go 1.2 mi
total 26.1 mi
go 459 ft
total 26.2 mi
go 325 ft
total 26.2 mi
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause
conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your
route.
Map data 02010 Google
Directions weren't right? Please find your route on maps.google.com and click'Report a problem" at the bottom left.
http://maps.google.com/maps?f=d&source=s d&saddr=2090+U.S.+Highway+70,+swanna... 5/19/2010

SuSCPYt JA)'-11.''1! -AR0
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MCDENR
North Carolina Department of Environment and N
Division of Water Quality
Beverly Eaves Perdue . Coleen H. Sullins
Governor Director
May 5, 2010
Ronald Harmon
Planning Administrator
County Administration Bldg.
60 East Court Street
Marion, NC 28752
Subject: Water Supply Watershed Protection Program Audit
Dear Mr. Harmon:
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AY 1 0 2010
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WATER QUALITY S CTIO
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- The North Carolina Division of Water Quality (DWQ) will be conducting an audit of McDowell County's
Water Supply Watershed Protection Program (WSWP) on MU 20, 2010.
The purpose of the program audit will be to evaluate the county's compliance with the requirements of
North Carolina General Statute 143-214.5 and Rule 15A NCAC 2B .0104(b) which require that all local
goven-unents having land use jurisdiction within a water supply watershed adopt and implement land use
ordinances. The ordinances must meet the minimum requirements of the Environmental Management
Commission rules under 5A NCAC 2B .0200 for the classification assigned to the watershed(s).
The meeting is scheduled to begin at 11:00 a.m. Please have the appropriate staff available to meet with
us. These evaluations typically take between 3 to 5 hours, depending on the complexity of the local
program and number of site visits. To assist you in preparing for the meeting, I've attached a checklist of
topics that we will be addressing. This list is not comprehensive, so you may be asked to provide
dditional information, as needed.
We also ask that you prepare the following documents for our review. Please provide copies for our
records .of documents marked with an * symbol.
'opy of current watershed protection ordinance (or sections of zoning ordinance, stonnwater oriifiance,
or UDO, as appropriate)
*Copy of Watershed Map that shows local goverunent boundaries, watershed boundaries (or appropriate
Zoning Map)
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623.6748
Internet: www.iicwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Fne
orth Cuolina
ftia'l1,

*Copies of any interlocal agreements between local governments or contracts with private companies to
administer a WSWP'program
*List of all 10/70 projects approved and total 10/70 acreage remaining per watershed (if applicable)
*Copy of Special Intensity Permit (if applicable)
*List of any variances/modifications approved or denied
*Copy of stortnwater BMP inspection/report form (if applicable)
*Copy of Watershed Protection Permit (or equivalent -- e.g., Zoning Compliance Permit)
*Copy of subdivision approval checklist (if applicable)
*Copy of Notice of Violation letter (if applicable)
List and/or snap of all structural stormwater BMPs
Maintenance schedule for structural BMPs
BMP Manual, if applicable
Site Plans for field inspections (see below)
Lastly, on the day of our meeting, we would like to conduct field inspections of development sites which
are located within a water supply watershed. Please select at least three sites that help demonstrate
compliance with your local WSWP program. If your local ordinance allows for high -density
development, we would prefer to inspect sites that have installed structural stonnwater controls. To assist
with these site inspections, we would ask that you have the site plans on hand for our review.
Thank you in' advance for your cooperation with this audit. I look forward to meeting with you. If you
have any qua-;e¢tions, please contact me at 919-807-6370 or by email at iulie.ventaloro(iDmcdenr.gov.
Sincerely,
Julie Ventaloro -
WSWP Program Coordinator
Enclosure: Site Visit Compliance Checklist
,fcc: Susan Wilson, DWQ-Asheville RO

Marion Source Water Protection (S)AT)
Stakeholder Meeting 6
Summary
June 29, 2009
Those in attendance:
Chris Hollifield
Public Water Director City of Marion
Ronald Hannon
McDowell County Watershed Administrator
Oren Benfield
McDowell County
Gabe Johnson
NC Department of Transportation (NCDOT)
Chuck Nance
Regional Isothermal Planning and Development
Tony Gallegos
Western Piedmont Council of Government
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Debbie Maner
NC Rural Water Association (NCRWA)
Ray had conducted another physical survey through the watershed area the morning of the meeting and
showed some pictures of what he had seen. He said he didn't see much of anything different than what
had been identified before. He pointed out that there were lots of campgrounds very close to Buck Creek.
Also, Duke Power has been spraying along their power line right-of-way in the watershed and there is
evidence that they had actually sprayed over the water along the lines. Ray will report this to the Division
of Water Quality. Duke Power is required by law to submit to the DWQ a plan for spraying within the
watershed and they (DWQ) did not receive it. There were primitive campsites very close to the water.
There is one lot along the water for sale that had pretty much been stripped and the buffer was
questionable. There is a lot of boat dock building and activity going on on Lake Tahoma. Class I and
Class II reservoirs need to have a recreation plan and construction plan, community bathrooms,
centralized fueling and riparian areas. Plenty of water is flowing over the dam at this time. Ray went
back to all the areas where problems had been identified before and it was all clean. There was no trash
or sign of any chemicals. Mixing stations were still there but the areas had been cleared of trash. Row
crops have been planted in the agricultural areas.
The group revisited the fourteen items that had been narrowed down from the twenty-six items that had
been named originally. The items were further narrowed down to the following six items:
1. Engage issues regarding withdrawal, use conflicts, and water use efficiency. Define procedures to
mitigate future water quantity concerns. Work on water use plan with Lake Tahoma, farmers, water
users. Meters anywhere indicating how much water the big users use? Would gauging station be
possible? Work on use records from Lake Tahoma and the water plant? Budget for ultrasonic flow
meters? For this objective to be met it seems that there must be a way to take flow measurements and
make decisions based on predetermined criteria.
Jay, Steve and Chris will take a lead role.
1

2. Control of recreational activities around the intake (e.g., swimming, fishing, disturbance of buffers).
Reduce problems from straight -piping and/or failing onsite wastewater disposal. A recreational plan for
Lake Tahoma. Make a physical survey of streams and tributaries to identify contamination sources and
coliforin sources.
NC Division of Environmental Health WaDE Program, Ray will research recreational plan.
3. Centralize pesticide -mixing stations and promote their use. Educate public on agricultural
contaminants, including bilingual considerations. Enlist Cooperative Extension as potential partner for
information distribution. Possibly include information regarding organic farming.
Ron will contact Dan Smith with Coop Extension and Steve Banner and Bill Lonon with NRCS.
4. Establish community watchdog/citizen groups, such as HOAs trained on hazard identification and
reporting. Promote good stewardship of watershed through education and publicity. Recognize
achievements and promote higher visibility of SWP activities. Determine creative ways to increase
citizen involvement. Inspire and promote SWP activities that can be accomplished by local groups
(schools, clubs, etc). Public awareness signage and signage regarding gas/oil leaks, swimming hazards,
etc. Identify and initiate BMP implementation for hazardous waste, gasoline leaks, landscaping, etc.
Bob Boyette and city can take the lead role along with Gabe with DOT. Chris with contacts in
Environmental Club — Ben Talbert. Tony can help along with Chuck Nance.
5. Establishment and maintenance of riparian buffers. Erosion, sediment control, and land disturbance
control enforcement via dedicated city/county employee.
Ron, McDowell County Watershed Administrator. What is being done now to be restated in the
plan along with thoughts about ways of enhancing current methods of enforcement.
6. A comprehensive written emergency preparedness plan including provisions for spill containment for
the entire watershed.
Ron Harmon and Terry Young should also be involved. City/County cooperation. Oren, Ray and
Chuck also.
It was requested that for each of the items above, the working groups prepare an outline containing a brief
description about why the objective is important, the objective which will try to be achieved, the action
items needed to reach a certain objective, the logistics — the timeline, the sequence, and resources needed
including costs.
Tony shared an example of a Watershed Restoration worksheet that lists most of the same items that Jay
has asked for. It is included with this summary.
The next meeting was scheduled for Thursday, August 13 at 1:30 at the Fire Department in
Marion.
At the next meeting it is hoped that each of the groups will have their outlines completed and ready to
share with the rest of the group for review and comments. Debbie is willing to help if needed.

Focus Area Non -Agriculture X Agriculture X Point Source X
Monitoring and Research
Reduce the amount of sediment entering the Lake
Since sediment is the principal nonpoint source pollutant in Lake Rhodhiss,
efforts should be increased to reduce the amount of sediment entering the
Lake. Identify those streams entering Lake Rhodhiss that contribute the most
seriously to sediment problems (among these streams are the Johns River,
Lower Creek, Silver Creek and Muddy Creek)
N/A

Y

Marion Source Water Protection (SWP)
Stakeholder Meeting 4
Summary
April 7, 2009
Those in attendance
Chris Hollifield
Public Water Director City of Marion
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Bob Boyette
Marion City Manager
Hill Evans
Lake Tahoma HOA
Patsy Ballew
Homeowner (above Lake Tahoma)
Ken Harris
Lake James Environmental Association
Gabe Johnson
NC Department of Transportation (NCDOT)
Tony Gallegos
Western Piedmont Council of Government
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Debbie Maner
NC Rural Water Association (NCRWA)
Three new participants Patsy Ballew, Ken Harris and Tony Gallegos were introduced, and there was a
very brief recap of some ofthe things that had been discussed at previous meetings. The SWP Planning
process begins by reviewing Marion's Source Water Assessment Program Report. A draft map of
Marion's Source Water Protection Area was handed out.
At the previous meeting, the Stakeholders had begun the brainstorming process by providing the answers
below to Question 1. The responses were read aloud and Jay had identified six major categories or
themes that seemed to be emerging. Participants were asked to take some time and choose the five top
responses in their opinion. Before doing so they were asked if anything needed to be added to the
responses. Tony pointed out that maybe commercial interests should be added to the themes, so
Agriculture was changed to Agriculture/Commercial without objection. The group was also asked to
select the three most important of the themes that had been identified. The group was also allowed to
combine responses if it seemed appropriate. There was a lot of discussion and everyone was given the
chance to voice their opinions and the group's combined results are shown below. Several people
combined answers as being the same and chose more than five responses. "Tick marks" were placed by
each answer as it was chosen as being a priority and the numbers in bold indicates the number of times
that response was chosen. Bold text indicates where wording was changed.
I What I" tiet e l im rove'or rotecT. d'etqual h of{touridntticm� waters .drat are the local issues
P t m. 4
regaro out soouunce o water?
1. Control of recreational activities around the intake (e.g., swimming, fishing, disturbance of
buffers). 3
Themes: regulatory/enforcement
2. Fencing/posting around the critical area to limit potential problems from people and livestock.
Themes: regulatory/enforcement, agriculture
3. Establishment and maintenance of riparian buffers. 2
Themes: agency partnerships, education
4. Erosion, sediment control, and land disturbance control enforcement via dedicated city/county
employee. 3
Themes: regulatory/enforcement
Re ce abletuS from straiefin-ninny andfnr fa lmncroslfe wastewater tsuas_aI4�
Themes: regulatory/enforcement, agency partners rps, education — -
top illegal duns Sig, includrngxr sit scrap me aI and appltznces, etc, 5
mes regttlatoryl#forcemen , edn atro
7. Written emergency preparedness plan including provisions for spill containment for the entire
watershed. 3
Themes: preparedness
8. Enacting strictest ordinances practical. Investigate and determine appropriate balance between
source water protection and property owner's rights.
Themes: regulatory/enforcement, preparedness
9. Address future permitting of fisheries in the watershed.
Themes: regulatory/enforcement, agriculture
10. Assess threats from livestock operations, including lagoons, cattle, etc.
Themes: agriculture, agency partnerships, preparedness
11. Establish community watchdog/citizen groups, such as HOAs trained on hazard identification
and reporting.
Themes: citizen involvement, education
12. Make a physical survey of streams and tributaries to identify contamination sources and
coliform sources. Includes mapping and "ground truthing" effort. 3
Themes: citizen involvement, preparedness
Ii3. ' tomo't g"^c�tod st azdslup of watershed throughdtio : andMfilic1ty° Recognize
ac' re emeats""ariu promote mgner vrsroilny-at�`H%'racnvtnes. v
Themes: citizen involvement, education
4. etermme creative ways:to in e ctuzetimuolveme Inspire and promote SWP
activities that can be accomplished by local groups (schools, clubs, etc). 4
Themes: citizen involvement
1= . Getnralize p�sYicide mixing stations and om a tr uso. S
I+herrrd: a�rieulttire,ncy u'artnerstnns
16. Educate public on agricultural contaminants, including bilingual considerations, Enlist
Cooperative extension as potential partner for information distribution. Possibly include
information regarding organic farming. 5
Themes: agency partnerships, education

17. Educate the community on cost versus health benefits for prevention as opposed to treatment
2
Themes: education
18. Insert water quality protection information into the school system. 2
Themes: education
19. Public awareness signage. 3
Themes: education
20. Identify and initiate BMP implementation for hazardous waste, gasoline leaks, landscaping,
etc.
Themes: agency partnerships, preparedness
21. Address potential hazards associated with development.
Themes: regulatory/enforcement, preparedness
22. Engage issues regarding withdrawal, use conflicts, and water use efficiency. Define
procedures to mitigate future water quantity concerns. 3
Themes: regulatory/enforcement
23. Identify, attract, and secure funding for SWP activities. I
Themes: preparedness
Circle three themes that you think are most applicable for Buck Creek:
Regulatory/enforcement 2
Agri culture/Commercial 5
Agency partnerships (with Everyone) 3
Public education/awareness 6
Preparedness I
Citizen involvement 2
Suggested Groupings:
7 and 19
7 and 12
13, 16, 17, 18 and 19 - EDUCATION (several people grouped these)
1 and 22 — Intake
3 and 4 — Buffer/erosion
14, 15, 19, and 22 — Public Awareness
4, 6, and 12 contaminant reduction 1, 5, 6 Regulatory that is "possible"
15 and 16 Agriculture
The next meeting was scheduled for Tuesday, May 26"', 1:30pm at the same location —the Marion
Fire Department.
For those who were not present at this meeting, responses that have been provided to Questions II through
IV are provided below.
II. What do you see ma3o itnpedmenLs to areompiishing source water Prareeticn o lectives7
1. Cooperation of landowners around the intake.
2. Distrust/disagreement of the local government's policies, motivations, and regulations.
3. Generating real and lasting public support, especially regarding property rights issues.
4. Inability to successfully promote stewardship. Enlist education and positive reinforcement
instead of restrictions.
5. Lack of citizen involvement leading to "incorrect balance" between government participation
and public involvement. Overcoming apathetic attitudes in the general public.
6. Continued recreational uses affecting water quality, especially below the dam.
7. Lack of appropriate incentives —cost share assistance with BMPs and "giving back" to
agriculture to make them want to participate and support SWP initiatives.
8. Diverse ethnic and cultural attitudes regarding agricultural practices. Lack -of -ownership
mentality regarding the watershed will hinder SWP progress.
9. Perceived negative economic impact on stakeholders and landowners (e.g., restrictions on
development, increasing water rates, etc.).
10. Pressure and negative influence from groups who think they will suffer from SWP initiatives
(e.g., builders association who promote development).
11. Inability to accurately define the cost of SWP initiatives, leading to suspicion and friction
from landowners as well as city/county administrators.

12. Inability to formulate and attain realistic and achievable goals.
13. Lack of buy in from local government officials.
14. Competition for water use, especially under drought conditions. Water quantity arguments
could derail SWP initiatives.
Involve schools and environmental groups in projects (e.g., rain gardens, stormwater BMPs, etc.).
2. Delegate action items to the "appropriate groups" in order to get it done.
3. Obtain sponsorship and guidance from established groups
4. Obtain buy -in and active involvement from Cooperative Extension, thereby attracting support
from landowners and farmers in the process.
5. Enlist and publicize local dynamic leadership. For example, demonstrate private landowner
"leading the cause" to dispel fears from others. Demonstrate that SWP activity need not be a
painful process.
6. Create incentives for the public and agribusiness. Be ready to answer: What's in it for me?
7. Encourage state agencies to enforce their rules. Determine ways to apply pressure to an
agency/program that exhibits lax enforcement policy.
8. Strategically plan for an immediate, big.success while involving another high -visibility group
(e.g., Keep McDowell Beautiful, Master Gardeners, etc.).
. ' osi � promoti ma atiraet others a oh . es. ' oet c ou e ; : - bes'# lie
1. Get grammar schools involved to generate publicity, and have a press release for every
meeting, advertise prior to the events. Water quality projects promoted by us
and sold to the McDowell school system would be a good place to start.
2. Hold SWP Meetings on -site in the watershed and advertise them.
3. Plan follow-up implementation and develop a method of regular reporting to news agencies.
4. Develop a mechanism to keep city council and county commissioners informed with SWP
initiatives and successes.
5. Prepare and regular news releases — newspaperflocal media/city and county cable channels and
websites. Use'the McDowell News and local educational radio
programs to publicize the results of our projects. Market any successes through media by
detailing the process, showing accomplishments, and detailing impacts over time.
6. Educational and promotional materials to property owners and/or agricultural users in the
watershed.
7. Regular updates from Cooperative' Extension, soil and water conservation etc. to property
owners/agricultural users.
8. Having a positive attitude and accomplishing objectives.
9. Create and distribute promotional brochures, videos, and programs (to school children, civic
organizations, government leadership, etc). Create videos targeted to school/youth groups.
Release through PEG, YouTube, etc.
10. Demonstration sites showing successful BMP's, erosion control, septic system maintenance
etc.

A Starting Point for Source Water Protection Planning:
You and the other stakeholders will provide the direction and scope required to create a
Source Water Protection Plan for Marion. You will be expected to evaluate the current
situation, prioritize action items, and identify those who can implement the plan.
As a start, we will brainstorm the following questions. Be creative. List as many items
as you wish in as much detail as you wish. Do not let concerns -of practicality limit your
responses. There are no right or wrong answers. No response is bizarre or stupid.
1. What activities could improve or protect the quality of your drinking water? What are
the local issues regarding your source of water?
2. What do you see as major impediments to accomplishing source water protection
objectives?
3. What strategies could make a protection plan dynamic? How can this effort be made
"alive" and ongoing such that it has legs and gains momentum?
4. Positive promotion may attract others toward your objectives. How can your efforts
best be promoted?

Marion Source Water Protection (SWP)
Stakeholder Meeting 2
Summary
February 17,2009
Those in attendance:
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Hill Evans
Lake Tahoma HOA
Ronald Harmon
McDowell County Watershed Administrator
Oren Benfield
McDowell County
Ray McCall
NC Public Water Supply (PWS)
Amy Axon
NC PWS
Terrell Jones
NC DENR Division of Environmental Health, Wastewater Discharge
Elimination Program (WaDE)
Janet Cantwell
NC Division of Water Quality (DWQ)
Jay Frick
NC PWS
Roy Davis
NC DWQ
Steve Banner
Soil and Water Conservation
Bill Lonon
Soil and Water Conservation
Chuck Nance
Regional Isothermal Planning and Development
Jim Edwards
Isothermal Planning and Development
Gabe Johnson
NC Department of Transportation (DOT)
Wade Tate
NC DOT
Rich Holder
NC Rural Community Assistance Program (RCAP)
Debbie Maner
NC Rural Water Association (NCRWA)
There was a brief recap of some of the things that,were talked about in the first meeting. The SWP
Planning process begins by reviewing the Source Water Assessment Program Report which is available
along with other information about Source Water Protection on the Public Water Supply Section website
http://swap.deh.enr.state.nc.us/swap/ click on the SWAP Reports button at the bottom. Source Water
Protection Planning is voluntary, but there are benefits and incentives for completing the process. There
are three water sources for Marion — Mackey Creek, Buck Creek, and Clear Creek. Focus will primarily
be on the Buck Creek watershed, a WS-II watershed that is not as protected as the two WS-I watersheds.
Some of the concerns in the watershed include agriculture impacts, highway corridor vulnerability,
improper trash disposal, withdrawal issues, land disturbances, buffer disturbances, erosion, spills, straight
piping of household wastewater or stormwater toward the creek and fuel storage along the creek and near
the intake. The plan needs to be implemented at the local level in order for it to be successful.
The steps to develop a plan are to assemble a group of stakeholders, review the SWAP Report and to
begin the brainstorming process to address concerns within the watershed, conduct the potential
contaminant source inventory, prioritize the concerns and develop implementation strategies and compile
the plan into a written report. It was requested that Chris Hollifield, Marion Public Works Director and
Ron Harmon, Watershed Administrator for McDowell County serve as Co -Team Leaders in developing
the plan. It was hoped that help would be provided, by other local stakeholders.

The local newspaper and city and county government access channels were identified as methods to get
information out to the public about source water protection planning and possibly get others involved in
the process. A PSA on the local radio station was also mentioned as being a possibility. An article needs
to be written about the planning process. Jay will put together some information from the state
perspective and send to Marion and McDowell County for them to add their local information within two
weeks.
Next the group was given the following instructions and asked to answer the questions. Responses are
provided.
A Starting Point for Source Water Protection Planning:
You and the other stakeholders will provide the direction and scope required to create a Source Water
Protection Plan for Marion. You will be expected to evaluate the current situation, prioritize action items,
and identify those who can implement the plan.
As a start, we will brainstorm the following questions. Be creative. List as many items as you wish in as
much detail as you wish. Do not let concerns of practicality limit your responses. There are no right or
wrong answers. No response is bizarre or stupid.
I. What activities could improve or protect the quality of your drinking water? What are the
local issues regarding your source of water?
1. Straight-piping/onsite wastewater disposal.
2. Scrap metals — illegal dumping.
3. Recreational activities around intake, (swimming, fishing, disturbance of buffers, erosion)
4. Fencing/posting around the critical area to address people and livestock.
5. Physical survey of streams and tributaries to identify contamination sources and especially
coliform sources.
6. Establishment of riparian buffers.
7. Erosion, land disturbance control.
8. BMP implementation for hazardous waste, gasoline, landscaping, etc.
9. Development.
10. Withdrawal, use conflicts, water use efficiency.
11. Educate public on agricultural products. Bilingual education. Cooperative extension —
organic farming.
12. Assessing livestock operations, especially lagoons.
13. Centralize pesticide mixing stations.
14. Educate the community on cost/health benefits for prevention as opposed to treatment.

15. Spill containment along US 70.
16. Public awareness signage.
17. Written emergency preparedness plan.
18. Community watchdog — citizens groups such as HOAs trained on hazard identification (ex.
meth labs).
19. Local erosion/sediment control enforcement — dedicated city or county employee.
20. Water quality protection education in the school system.
21. Enacting strictest ordinances practical — balance protection and property owner's rights.
22. Address future permitting of fisheries in the watershed.
23. Promote good stewardship of watershed through education — recognition of achievements.
24. Increase citizen involvement in protection.
25. Funding.
Once everyone's answers were exhausted a date of March 17, 2009, 1:30 pm was set for the next
meeting at the same location (the Fire Station, 60 West Court St. in Marion). It is hoped that
everyone will return to continue where we left off and that any others who are interested will
attend. Also, a goal of getting a press release about the plan out before the next meeting was
established.

kl-
6

Marion Source Water Protection (SWP)
Stakeholder Meeting 2
Summary
February 17, 2009
Those in attendance:
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Hill Evans
Lake Tahoma HOA
Ronald Harmon
McDowell County Watershed Administrator
Oren Benfield
McDowell County
Ray McCall
NC Public Water Supply (PWS)
Amy Axon
NC PWS
Terrell Jones
NC DENR Division of Environmental Health, Wastewater Discharge
Elimination Program (WaDE)
Janet Cantwell
NC Division of Water Quality (DWQ)
Jay Frick
NC PWS
Roy Davis
NC DWQ
Steve Banner
Soil and Water Conservation
Bill Lonon
Soil and Water Conservation
Chuck Nance
Regional Isothermal Planning and Development
Jim Edwards
Isothermal Planning and Development
Gabe Johnson
NC Department of Transportation (DOT)
Wade Tate
NC DOT
Rich Holder
NC Rural Community Assistance Program (RCAP)
Debbie Maner
NC Rural Water Association (NCRWA)
There was a brief recap of some of the things that were talked about in the first meeting. The SWP
Planning process begins by reviewing the Source Water Assessment Program Report which is available
along with other information about Source Water Protection on the Public Water Supply Section website
http://swap.deh.enr.state.nc.us/swap/ click on the SWAP Reports button at the bottom. Source Water
Protection Planning is voluntary, but there are benefits and incentives for completing the process. There
are three water sources for Marion — Mackey Creek, Buck Creek, and Clear Creek. Focus will primarily
be on the Buck Creek watershed, a WS-lI watershed that is not as protected as the two WS-I watersheds.
Some of the concerns in the watershed include agriculture impacts, highway corridor vulnerability,
improper trash disposal, withdrawal issues, land disturbances, buffer disturbances, erosion, spills, straight
piping of household wastewater or stormwater toward the creek and fuel storage along the creek and near
the intake. The plan needs to be implemented at the local level in order for it to be successful.
The steps to develop a plan are to assemble a group of stakeholders, review the SWAP Report and to
begin the brainstorming process to address concerns within the watershed, conduct the potential
contaminant source inventory, prioritize the concerns and develop implementation strategies and compile
the plan into a written report. It was requested that Chris Hollifield, Marion Public Works Director and
Ron Harmon, Watershed Administrator for McDowell County serve as Co -Team Leaders in developing
the plan. It was hoped that help would be provided by other local stakeholders.

LLB
The local newspaper and city and county government access channels were identified as methods to get
information out to the public about source water protection planning and possibly get others involved in
the process. A PSA on the local radio station was also mentioned as being a possibility. An article needs
to be written about the planning process. Jay will put together some information from the state
perspective and send to Marion and McDowell County for them to add their local information within two
weeks.
Next the group was given the following instructions and asked to answer the questions. Responses are
provided.
A Starting Point for Source Water Protection Planning:
You and the other stakeholders will provide the direction and scope required to create a Source Water
Protection Plan for Marion. You will be expected to evaluate the current situation, prioritize action items,
and identify those who can implement the plan.
As a start, we will brainstorm the following questions. Be creative. List as many items as you wish in as
much detail as you wish. Do not let concerns of practicality limit your responses. There are no right or
wrong answers. No response is bizarre or stupid.
I. What activities could improve or protect the quality of your drinking water? What are the local
issues regarding your source of water?
1. Straight-piping/onsite wastewater disposal.
2. Scrap metals — illegal dumping.
3. Recreational activities around intake, (swimming, fishing, disturbance of buffers, erosion)
4. Fencing/posting around the critical area to address people and livestock.
5. Physical survey of streams and tributaries to identify contamination sources and especially
coliform sources.
6. Establishment of riparian buffers.
7. Erosion, land disturbance control.
8. BMP implementation for hazardous waste, gasoline, landscaping, etc.
9. Development.
10. Withdrawal, use conflicts, water use efficiency.
11. Educate public on agricultural products. Bilingual education. Cooperative extension —
organic farming.

r
12. Assessing livestock operations, especially lagoons.
13. Centralize pesticide mixing stations.
14. Educate the community on cost/health benefits for prevention as opposed to treatment.
15. Spill containment along US 70.
16. Public awareness signage.
17. Written emergency preparedness plan.
18. Community watchdog — citizens groups such as HOAs trained on hazard identification (ex,
meth labs).
19. Local erosion/sediment control enforcement — dedicated city or county employee.
20. Water quality protection education in the school system.
21. Enacting strictest ordinances practical — balance protection and property owner's rights.
22.. Address future permitting of fisheries in the watershed.
23. Promote good stewardship of watershed through education — recognition of achievements.
24. Increase citizen involvement in protection.
25. Funding.
Once everyone's answers were exhausted a date of March 17, 2009, l :30 pm was set for the next
meeting at the same location (the Fire Station, 60 West Court St. in Marion). It is hoped that
everyone will return to continue where we left off and that any others who are interested will
attend. Also, a goal of getting a press release about the plan out before the next meeting was
established.
Homework for next time:
2. What do you see as major impediments to accomplishing source water protection objectives?
3. What strategies could make a protection plan dynamic? How can this effort be made "alive" and
ongoing such that it has legs and gains momentum?
4. Positive promotion may attract others toward your objectives. How can your effort's best be
promoted?

itr�

A Starting Point for Source Water Protection Planning:
You and the other stakeholders will provide the direction and scope required to create a
Source Water Protection Plan for Marion. You will be expected to evaluate the current
situation, prioritize action items, and identify those who can implement the plan.
As a start, we will brainstorm the following questions. Be creative. List as many items
as you wish in as much detail as you wish. Do not let concerns of practicality limit your
responses. There are no right or wrong answers. No response is bizarre or stupid.
1. What activities could improve or protect the quality of your drinking water? What are
the local issues regarding your source of water?
&i
2. What do you see as major impediments to accomplishing source water protection
objectives? Q
3. What strategies .could make a protection plan dynamic? How can this effort be made
"alive" and ongoing such that it has legs and gains momentum? '
4. Positive promotion may attract others toward your objectives. How can your efforts
best be promoted?

c
Source Water Assessment Program Report
for
MARION, CITY OF
Communitv Water Svstem
Introduction: What is a Source Water Assessment?
The North Carolina Division of Environmental Health, Public Water Supply (PWS) Section is
responsible for implementing the Source Water Assessment Program (SWAP) and completing
assessments for all public drinking water supplies in the state. The 1996 amendments to the Safe
Drinking Water Act provided federal support and required states to conduct assessments of all
public water systems. A source water assessment is a qualitative evaluation of the potential of a
drinking water source to become contaminated by the identified potential contaminant sources
(PCS) within the delineated area. In North Carolina there are approximately 10,000 public water
supply sources that were assessed by the state. The PWS Section has gathered information for
each water supply and developed a process for completing the assessments. This process is
summarized in the next few pages and detailed in Section 6 of this report.
This report provides a summary of the results for the Source Water Assessment for your
drinking water source(s).
What is the Source of Your Drinldng Water?
Everyone wants clean, safe drinking water and we assume this natural resource will always be
available to us. However, surface water sources can be threatened by many potential contaminant
sources, including permitted wastewater discharges, urban storm water runoff, or other types of
non -point source contamination such as runoff produced by agricultural activities and land
clearing for development. Your drinking water source(s) is listed in Table 1. Protecting your
drinking water from becoming contaminated is a wise investment in public health and your
community's future.

Table 1. Public Water Supply System Information
System Name I[MARION,
CITY OF
City JFMARION
FWS ID IFol-56-010
Source Name I[MACIKEY
CREEK
[Source Name
BUCK CREEK
Source Name
[CLEAR CREEK
Assessment Report Contents
This assessment report includes the following sections:
Section 1: Assessment Area Delineation
Section 2: Potential Contaminant Source Inventory and Map
Section 3: What is a Susceptibility Rating?
Section 4: Reviewing Your SWAP Results
Section 5: List of Maps, Tables, and Figures for Your Surface Water Source(s)
Section 6: North Carolina's SWAP Approach
Section 1: Assessment Area Delineation
The area delineated for your surface water source(s) for this assessment is the water supply
watershed. A watershed is a geographic area of land draining to either a stream or lake. Local
ordinances dictate the type of development that can take place in some sections of the water
supply watershed. In general, the watershed of your surface water source(s) is the area through
which contaminants, if released to the environment, can be reasonably expected to move across
the land surface following the path of overland flow or shallow subsurface flow and into the
surface water body (stream or lake).
Section 2: Potential Contaminant Source Inventory and Map
The potential contaminant source inventory map shows the delineated area for your surface
water source(s). This is the area where potential contaminant sources, if released to the
environment, could reasonably be expected to be a risk or a potential for contamination of your
drinking water supply. A PCS in this assessment report is a facility or site regulated under a state
or federal regulatory program. These facilities are identified in electronic databases that contain
PWS ID: 01-56-010 2 May 16, 2007

t
location information for each facility. Only databases that include statewide information were
used for this source water assessment. Included in this report are:
1) A table of any PCS identified within the delineated assessment area; and
2) A map of the delineated assessment area showing PCSs, roads, jurisdictional
boundaries and other pertinent information.
It is important to note that the PCSs identified in this report are only potential sources of
contamination to your drinking water source. Environmental contamination is not likely to occur
if harmful contaminants are managed properly.
Section 3: What is a Susceptibility Rating?
In North Carolina the susceptibility of any drinking water source is based on two components,
a contaminant rating and an inherent vulnerability rating. Your surface water source(s) was
assigned a qualitative susceptibility rating of higher, moderate or lower based on the results of
the contaminant rating and inherent vulnerability rating process as described in the following
paragraphs.
Susceptibility Rating
The final susceptibility rating for your surface water source(s) is determined by combining the
contaminant rating and the inherent vulnerability rating. More detailed information on the
susceptibility rating process can be found in Section 6 of this report.
Contaminant Rating
The contaminant rating for your surface water source(s) was determined based on the number
and location of PCSs within the delineated area. Each PCS identified within the delineated area
was assigned a risk rating of higher, moderate or lower. If a PCS is a facility regulated in an
existing environmental program, it will receive a risk rating of higher. The number of PCSs that
occur within the delineated area was determined and a contaminant rating of higher, moderate or
lower was assigned to your surface water source(s).
Inherent Vulnerability Rating
The inherent vulnerability rating of your surface water sources) refers to the characteristics and
existing conditions of the surface water source(s) and the delineated assessment area
(watershed). These characteristics include water supply watershed classification, surface water
source location, raw water quality, and the watershed characteristics rating. The watershed
classification is based on the size of the watershed, development activities, and allowable waste
treatment and disposal practices. The surface water sources were characterized based on whether
they are located in streams, large multi -purpose impoundments or small water supply,
impoundments. The raw water quality rating is based on recorded turbidity and total coliform
values over a twelve month period. The watershed characteristics rating is an assessment of the
likelihood that contaminants will follow the path of overland flow or shallow subsurface flow to
PWS ID: 01-56-010 3 May 16, 2007

a surface water source. An inherent vulnerability rating of higher, moderate or lower was
assigned to your surface water source(s).
PWS ID: 01-56-010 4 May 16, 2007

Table 2. SWAP Results Summary
Inherent
Source Name
Vulnerability
Contaminant
Susceptibility
Rating
Rang
Rang
MACKEY CREEK
Moderate
Lower
Moderate
BUCK CREEKF
Moderate
Lower
Moderate
CLEAR CREEK
Moderate
Lower
Moderate
It is important to
imply poor water
potential to beci
.assessment area.
understand that a susceptibility rating of higher does not
quality. Susceptibility is an indication of a water supply's
ime contaminated by. the identified PCSs within the
Table 3. Surface Water Source - Information
Source Name
Watershed
Source Location
Classification
MACKEY CREEK
WS-I
t stream
F
BUCK CREEK
WS-II
Direct stream
CLEAR CREEK
WS-I
Direct stream
Section 4: Reviewing Your SWAP Results
Please review the information on your surface water source(s) provided in this report. If you
believe any of this information is incorrect, please contact the Public Water Supply Section by e-
mail at the following address: SWAP(a,ncmail.net. Or you may submit comments to us at:
SWAP
Public Water Supply Section
PWS ID: 01-56-010 5 May 16, 2007

3 1
1634 Mail Service Center
Raleigh, NC 27699-1634
Or you may contact the Source Water Assessment staff by phone at 919-715-2633.
Section 5: Maps, Tables and Figures for Your Surface Water Source(s)
Maps, tables and figures specific to your surface water source(s) are included in this report in the
following pages and are listed below.
Map 1. Location Map
Map 2. Delineated Area and PCS Map
Table 4. Potential Contaminant Source Attributes
Table 5. Inherent Vulnerability Rating
Table 6. Watershed Characteristics Rating Calculation
Figure 1. Land Use / Land Cover Categories
Figure 2. Watershed Characteristics Rating
Figure 3. Average Annual Precipitation Rating
Figure 4. Land Surface Slope Rating
Figure 5. Land Use Rating
Figure 6. Land Cover Rating
Figure 7. Ground Water Contribution Rating
PWS ID: 01-56-010 6 May 16, 2007

MAP 1. LOCATION MAP
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK
N
W E
Roads Watershed Zones s
Rivers and Streams Watershed Boundary
Major Hydrology
J Municipal Boundaries ®Critical Area (NA for WS-I)
County Boundaries Protected Area Boundary (WS-IV, V only)
CJ Stream Zone
• 3 1 .[Triiles
PWS ID: 01-56-010 7 May 16, 2007

.t
MAP 2. DELINEATED AREA AND PCS MAP
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK
PCS Types
1-1 'Animal Operations
j
Septage Disposal Sites
o CERCLIS Sites
Soil Remediation Sites
❑ RCRA Gen. / Trans. Facilities
Solid Waste Facilities
U Non Discharge Permits
Tier II Sites
C� NPDES Permits
Q
RCRA TSD.Facilities
* National Priority List Sites
J
Old Landfill Sites
{ PCB Sites
it
UIC Permits
O Pollution Incidents
♦
UST Permits
Roads
Rivers and Streams
® Major Hydrology
F _ J Municipal Boundaries
Watershed Zones
Watershed Boundary
Q Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only)
i Stream Zone
N
w E
s
PWS ID: 01-56-010 8 May 16, 2007

Table 4. Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID: 01-56-010, MACKEY CREEK
Common Attributes
PCS Name PCS ID PCS Type PCS Risk Street Address City Zip County
Rating
PWS ID: 01-56-010 9 May 16, 2007

Table 4. (Cont.) Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID: 01-56-010, MACKEY CREEK
Unique Attributes
PCS Name PCS ID Attribute Value
PWS ID: 01-56-010 10 May 16,2007

Table 5. Inherent Vulnerability Rating
MARION, CITY OF
PWS ID: 01-56-010, MACKEY CREEK
Surface Water Source
Higher
Moderate
Lower
Characteristics
Vulnerability
Vulnerability
Vulnerability
Watershed
Classification
;Lower
Higher
Intake Location
Raw Water Quality
(water plant data)
Lower
Watershed
Y
Moderate
Characteristics Rating
Inherent Vulnerability Rating: Moderate
PWS ID: 01-56-010 11 May 16, 2007

Table 6. Watershed Characteristics Rating Calculation
MARION, CITY OF
PWS ID: 01-56-010 , MACKEY CREEK
Watershed Characteristics Rating 42.0
Notes:
1. Watershed Characteristics Rating for each cell (CR):
CR = [3 x (precipitation rating)] + [2 x (land surface slope rating)]
+ [1 x (GW contribution)] + [3 x (land use rating)] + [1 x (land cover rating)]
2. Watershed Characteristics Rating (R) for the entire Assessment Area is the mean of the
cell ratings (CR) calculated as:
The sum of all cell watershed characteristics ratings (CR) divided by the number_ of
cells (N) within the assessment area: R = (ECR) / N
3. The USGS publication "Methods of ranking unsaturated zone and watershed
characteristics of public water supplies in North Carolina," by J. L. Eimers, J. C. Weaver,
S. Terziotti, and R. W. Midgette, 1999, provides a detailed discussion of the methods
used to determine watershed characteristics ratings.
PWS ID: 01-56-010 12 May 16, 2007

FIGURE 1. LAND USE/LAND COVER CATEGORIES N
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK w E
■ Water
® Quarries, Strip Mines, Gravel Pits
® Low Intensity Residential
® Transitional
High Intensity Residential
® Deciduous Forest
® Commercial, Industrial, Transportion ® Evergreen Forest
❑ Bare Rock, Sand, Clay
® Mixed Forest
® Pasture, Hay Watershed Zones
s
❑ Row Crops MWatershed Boundary
Urban, Recreational Grasses Q Critical Area (NA for WS-1)
Woody Wetlands ❑ Protected Area Boundary (WS-IV, V only)
Emergent Herbaceous Wetlands ❑ Stream Zone
11:11 1 111 111
PWS ID: 01-56-010 13 May 16, 2007

N
FIGURE 2. WATERSHED CHARACTERISTICS RATING
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK w e
Assigned Ratings Watershed Zones
NMILower <= 29 s
Moderate > 29 to 45 Watershed Boundary
© Higher> 45 Critical Area (NA for WS-1)
�!
Protected Area Boundary (WS-IV, V only)
Ci Stream Zone
I off
PWS ID: 01-56-010 14 May 16, 2007

N
FIGURE 3. AVERAGE ANNUAL PRECIPITATION RATING
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK w E
Assigned Ratings Watershed Zones
0 1 ( — 40 inches) 6 ( > 60 to 65 inches) Watershed Boundary s
<' 2 ( > 40 to 45 inches) 7,( > 65 to 70 inches) Critical Area (NA for WS-1)
MM 3 ( > 45 to 50 inches) C—1 8 ( > 70 to 75 inches) 0 Protected Area Boundary (WS-IV, V only)
0 4 ( > 50 to 55 inches) 9 ( > 75 to 80 inches) Stream Zone
WOM 5 ( > 55 to 60 inches) 10 ( > 80 inches)
PWS ID: 01-56-010 15 May 16,2007

N
FIGURE 4: LAND SURFACE SLOPE RATING
. MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK w E
Assigned Ratings
Watershed Zones
1 ( <= 2 percent) s
Watershed Boundary
3 ( > 2 to 5 percent) © Critical Area (NA for WS-1)
AM 5 ( > 5 to 10 percent) protected Area Boundary (WS-IV, V only)
7 ( > 10 to 20 percent)
Stream Zone
9 ( > 20 to 50 percent)
® 10 ( > 50 percent)
1,00600 0 1,000 2,000 Feet
PWS ID: 01-56-010 16 May 16,2007

FIGURE 5: LAND USE RATING
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK
Assigned Ratings
0 1 (Water, Woody wetlands, Emergent herbaceous wetlands) FOW 6 (Other grasses)
2 (Bare rock/sand) 7 (Low intensity. residential, Transitional, Row crops)
3 (Deciduous forest, Evergreen forest, Mixed forest) 8 (High intensity residential)
5 (Quarries/strip mines/gravel pits, Pasture/hay) ® 10 (High intensity commercial/industrial/transportation)
Watershed Zones
Watershed Boundary
Critical Area (NA for WS-1)
0 Protected Area Boundary (WS-IV, V only) 1,00600 0 1,000 2,000 Feet
Stream Zone
N
W E
s
PWS ID: 01-56-010 17 May 16, 2007

FIGURE 6: LAND COVER RATING
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK
Assigned Ratings
1 (Deciduous forest, Evergreen Forest, Mixed Forest)
® 3 (Water, Pasture/hay, Woody wetlands, Emergent herbaceous wetlands)
0 4 (Other grasses)
5 (Quarries/strip mines/gravel pits, Bare rock/sand, Transitional)
ffiAM 6 (Row crops)
® 7 (Low intensity residential)
N
W E
Watershed Zones
Watershed Boundary s
Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only)
�=1 Stream Zone
8 (High intensity residential) 1,00600 0 1,000 2,000 Feet
10 (High intensity commercial/industrial/transportation)
PWS ID: 01-56-010 18 May 16, 2007

N
FIGURE 7: GROUND WATER CONTRIBUTION RATING
MARION, CITY OF, PWS ID: 0156010, MACKEY CREEK w E
S
Assigned Ratings
1 (r_ 10 Unsaturated Zone Rating) FW6 (>=50 to 60 Unsaturated Zone Rating) Watershed Zones
2 (>= 10 to 20 Unsaturated Zone Rating) 7 (>= 60 to 70 Unsaturated Zone Rating) Q Critical Area (NA for WS-1)
3 (>= 20 to 30 Unsaturated Zone Rating) 8 (>= 70 to 80 Unsaturated Zone Rating) ® Watershed Boundary
4 (>= 30 to 40 Unsaturated Zone Rating) ® 9 (>= 80 to 90 Unsaturated Zone Rating) r��� Protected Area Boundary (WS-N, V only)
5 (>= 40 to 50 Unsaturated Zone Rating) Iil 10 ( >= 90 to 100 Unsaturated Zone Rating) u Stream Zone
'01110121=111111 111
PWS ID: 01-56-010 19 May 16, 2007

MAP 1. LOCATION MAP
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK
N
W E
Roads Watershed Zones s
Rivers and Streams Watershed Boundary
� Major Hydrology F J Municipal Boundaries ©Critical Area (NA for WS-I)
County Boundaries Protected Area Boundary (WS-IV, V only)
CJ Stream Zone
1
PWS ID: 01-56-010 20 May 16, 2007

� O
r ✓
I �
If
l f -ter 18
1 1
I
s
C BUC EK
C.:
0
00q,500 0 3 ' 00 Feet
N
MAP 2. DELINEATED AREA AND PCS MAP
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK w E
PCS Types
Animal Operations Septage Disposal Sites Roads s
CERCLIS Sites 1 Soil Remediation Sites Rivers and Streams
❑ RCRA Gen. / Trans. Facilities Solid Waste Facilities ® Major Hydrology
Non Discharge Permits Tier II Sites _ J Municipal Boundaries
NPDES Permits n RCRA TSD Facilities Watershed Zones
* National Priority List Sites Old Landfill Sites Watershed Boundary} PCB Sites UIC Permits Q Critical Area (NA for WS-1)
O Pollution Incidents # UST Permits 0 Protected Area Boundary (WS-IV, V only)
[=� Stream Zone
PWS ID: 01-56-010 21 May 16, 2007

Table 4. Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID: 01-56-010, BUCK CREEK
Common Attributes
PCS Name PCS ID PCS Type PCS Risk Street Address City Zip County
Rating
PWS ID: 01-56-010 22 May 16, 2007

Table 4. (Cont.) Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID; 01-56-010, BUCK CREEK
Unique Attributes
PCS Name PCS ID Attribute Value
PWS ID: 01-56-010 23 May 10, 2U /

Table 5. Inherent Vulnerability Rating
MARION, CITY OF
PWS ID: 01-56-010, BUCK CREEK
Surface Water Source
Higher
Moderate
Lower
Characteristics
Vulnerability
Vulnerability
Vulnerability
Watershed
Moderate
Classification
Higher
Intake Location
Raw Water Quality
(water plant data)
Lower
Watershed
Moderate
Characteristics Rating
Inherent Vulnerability Rating: Moderate
PWS ID: 01-56-010 24 May 16, 2007

Table 6. Watershed Characteristics Rating Calculation
MARION, CITY OF
PWS ID: 01-56-010 , BUCK CREEK
Watershed Characteristics Rating 42.3
Notes:
1. Watershed Characteristics Rating for each cell (CR):
CR = [3 x (precipitation rating)] + [2 x (land surface slope rating)]
+ [1 x (GW contribution)] + [3 x (land use rating)] + [1 x (land cover rating)]
2. Watershed Characteristics Rating (R) for the entire Assessment Area is the mean of the
cell ratings (CR) calculated as:
The sum of all cell watershed characteristics ratings (CR) divided by the number of
cells (l) within the assessment area: R = (E CR) / N
3. The USGS publication "Methods ofranldng unsaturated zone and watershed
characteristics of public water supplies in North Carolina," by J. L. Eimers, J. C. Weaver,
S. Terziotti, and R. W. Midgette, 1999, provides a detailed discussion of the methods
used to determine watershed characteristics ratings.
PWS ID: 01-56-010 25 May 16, 2007

FIGURE 1. LAND USE/LAND COVER CATEGORIES N
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK w E
® Water Quarries, Strip Mines, Gravel Pits X Pasture, Hay Watershed Zones
s
Low Intensity Residential ® Transitional ❑ Row Crops ®Watershed Boundary
® High Intensity Residential ® Deciduous Forest ® Urban, Recreational Grasses Q Critical Area (NA for WS-1)
® Commercial, Industrial, Transportion ® Evergreen Forest ❑ Woody Wetlands ❑ Protected Area Boundary (WS-IV, V only)
❑ Bare Rock, Sand, Clay ® Mixed Forest Emergent Herbaceous Wetlands ❑ Stream Zone
C 111 11 1 111 • 111
PWS ID: 01-56-010 26 . May 16, 2007

I' - •9 � 1L w . �'� 3,
`x.,_.�
Q , _ � • 4 �� .
`i; `�ie,��l�� ,+d•'J iy � � � � ���r' F � A.G°y .?'��r � .ry' �� V'�,
x {�L ! rF� ,��I � r iu 4 �,�_!r.'�r � �' 1. �� , �., U�T•- Ld 7 �,� '.
®
_fl
0 '� 1

N
FIGURE 3. AVERAGE ANNUAL PRECIPITATION RATING
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK w e
Assigned Ratings Watershed Zones
O 1 ( — 40 inches) SIM 6 ( > 60 to 65 inches) Watershed Boundary s
2 ( > 40 to 45 inches) 7 ( > 65 to 70 inches) Critical Area (NA for WS-1)
3 ( > 45 to 50 inches) 8 ( > 70 to 75 inches) 0 Protected Area Boundary (WS-IV, V only)
4 ( > 50 to 55 inches) ® 9 ( > 75 to 80 inches) Stream Zone
5 ( > 55 to 60 inches) ® 10 ( > 80 inches)
K fill of I 31111=21��
PWS ID: 01-56-010 28 May 16, 2007

N
FIGURE 4: LAND SURFACE SLOPE RATING
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK w E
Assigned Ratings
Watershed Zones
1 ( — 2 percent) Watershed Boundary S
3 ( > 2 to 5 percent)
© Critical Area (NA for WS-I)
5 ( > 5 to 10 percent) 0 Protected Area Boundary (.WS-IV, V only)
7 ( > 10 to 20 percent)
l � Stream Zone
9 ( > 20 to 50 percent)
® 10 ( > 50 percent)
3,0001,500 0 3,000 6,000 Feet .
PWS ID: 01-56-010 29 May 16, 2007

FIGURE 5: LAND USE RATING
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK
Assigned Ratings
0 1 (Water, Woody wetlands, Emergent herbaceous wetlands) 6 (Other grasses)
2 (Bare rock/sand) 7 (Low intensity residential, Transitional, Row crops)
3 (Deciduous forest, Evergreen forest, Mixed forest) 8 (High intensity residential)
NOW 5 (Quarries/strip mines/gravel pits, Pasture/hay) ® 10 (High intensity commercial/industrial/transportation)
Watershed Zones
Watershed Boundary
Q Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only)
I_ Stream Zone
111 11 1 31111=0
N
W E
s
PWS ID: 01-56-010 30 May 16, 2007

N
FIGURE 6: LAND COVER RATING
MARION, CITY OF, PWS-ID: 0156010, BUCK CREEK w E
Assigned Ratings Watershed Zones
1 (Deciduous forest, Evergreen Forest, Mixed Forest) Watershed Boundary s
3 (Water, Pasture/hay, Woody wetlands, Emergent herbaceous wetlands) Q Critical Area (NA for WS-1)
0 4 (Other grasses) = Protected Area Boundary (WS-IV, V only)
5 (Quarries/strip mines/gravel pits, Bare rock/sand, Transitional) = Stream Zone
6 (Row crops)
7 (Low intensity residential)
8 (High intensity residential) 3,0001,500 0 3,000 6,000 Feet
® 10 (High intensity commercial/industrial/transportation)
PWS ID: 01-56-010 31 May 16, 2007

4
s'• ��r JJr _ r � •.
a .
■
g
.,• I rya 1: r77
i + 1 t 9
r
FIGURE 7: GROUND WATER CONTRIBUTION RATING N
MARION, CITY OF, PWS ID: 0156010, BUCK CREEK
W E
S
Assigned Ratings
1 (<= 10 Unsaturated Zone Rating) FES] 6 ( >= 50 to 60 Unsaturated Zone Rating) Watershed Zones
2 (>= 10 to 20 Unsaturated Zone Rating) 7 ( — 60 to 70 Unsaturated Zone Rating) Q Critical Area (NA for WS-1)
3 (>= 20 to 30 Unsaturated Zone Rating) 8 (>= 70 to 80 Unsaturated Zone Rating) ® Watershed Boundary
4 (>= 30 to 40 Unsaturated Zone Rating) 9 ( — 80 to 90 Unsaturated Zone Rating) Protected Area Boundary (WS-IV, V only)
5 (>= 40 to 50 Unsaturated Zone Rating) ® 10 ( >= 90 to 100 Unsaturated Zone Rating) Stream Zone
sell 11 1 llll•111
PWS ID: 01-56-010 32 May 16, 2007

c
0
J
MAP 1. LOCATION MAP
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK
N
W E
Roads Watershed Zones s
Rivers and Streams ® Watershed Boundary
® Major Hydrology
J Municipal Boundaries ©Critical Area (NA for WS-I)
I' County Boundaries Protected Area Boundary (WS-IV, V only)
CJ Stream Zone
ff.
PWS ID: 01-56-010 33 May 16,2007

500 250 0 500 1,000 Feet
MAP 2. DELINEATED AREA AND PCS MAP
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK
PCS Types
Animal Operations
CERCLIS Sites
J RCRA Gen. / Trans. Facilities
CP Non Discharge Permits
n NPDES Permits
* National Priority List Sites
{ PCB Sites
O Pollution Incidents
Septage Disposal Sites
Soil Remediation Sites
Solid Waste Facilities
Tier II Sites
(? RCRA TSD Facilities
Old Landfill Sites
UIC Permits
♦ UST Permits
Roads
Rivers and Streams
Major Hydrology
_ J Municipal Boundaries
Watershed Zones
Watershed Boundary
Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only)
C Stream Zone
N
W E
s
PWS ID: 01-56-010 34 May 16, 2007

Table 4. Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID: 01-56-010, CLEAR CREEK
Common Attributes
PCS Name PCS ID PCS Type PCS Risk Street Address City Zip County
Rating
PWS ID: 01-56-010 35 May 16, 2007

Table 4. (Cont.) Potential Contaminant Source Attributes
MARION, CITY OF
PWS ID: 01-56-010, CLEAR CREEK
Unique Attributes
PCS Name PCS ID Attribute Value
PWS ID: 01-56-010 36 May 16, 2007

Table 5. Inherent Vulnerability Rating
MARION, CITY OF
PWS ID: 01-56-010, CLEAR CREEK
Surface Water Source
Higher
Moderate
Lower
Characteristics
Vulnerability
Vulnerability
Vulnerability
Watershed
Lower
Classification
Higher
Intake Location
Raw Water Quality
Lower
(water plant data)
-
Watershed
Moderate -
Characteristics Rating
Inherent Vulnerability Rating: Moderate
PWS ID: 01-56-010 37 May 16, 2UU7

Table 6. Watershed Characteristics Rating Calculation
MARION, CITY OF
PWS ID: 01-56-010 , CLEAR CREEK
Watershed Characteristics Rating 43.4
Notes:
1. Watershed Characteristics Rating for each cell (CR):
CR = [3 x (precipitation rating)] + [2 x (land surface slope rating)]
+ [1 x (GW contribution)] + [3 x (land use rating)] + [1 x (land cover rating)]
2. Watershed Characteristics Rating (R) for the entire Assessment Area is the mean of the
cell ratings (CR) calculated as:
The sum of all cell watershed characteristics ratings (CR) divided by the number of
cells (1) within the assessment area: R = (ECR) / N
3. The USGS publication "Methods of ranking unsaturated zone and watershed
characteristics of public water supplies in North Carolina," by J. L. Eimers, J. C. Weaver,
S. Terziotti, and R.. W. Midgette, 1999, provides a detailed discussion of the methods
used to determine watershed characteristics ratings.
PWS ID: 01-56-010 38 May 16, 2007

l
N
FIGURE 1. LAND USE/LAND COVER CATEGORIES
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK w E
® Water ® Quarries, Strip Mines, Gravel Pits K Pasture, Hay Watershed Zones
s
® Low Intensity Residential N Transitional_ ❑ Row Crops MWatershed Boundary
High Intensity Residential N Deciduous Forest urban, Recreational Grasses Q Critical Area (NA for WS-1)
® Commercial, Industrial, Transportion ® Evergreen Forest Woody Wetlands ❑ Protected Area Boundary (WS-IV, V only)
❑ Bare Rock, Sand, Clay LN Mixed Forest ® Emergent Herbaceous Wetlands ❑ SVeam Zone
.11 250 1 500 1,000 Feet
H H��-
PWS ID: 01-56-010 39 May 16, 2007

FIGURE 2. WATERSHED CHARACTERISTICS RATING N
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK w e
Assigned Ratings
Lower <= 29 Watershed Zones
s
Watershed Boundary
Moderate > 29 to 45
Higher > 45 ®Critical Area (NA for WS-I)
Protected Area Boundary (WS-IV, V only)
i Stream Zone
500 250 0 500 1,000 Feet
PWS ID: 01-56-010 40 May 16, 2007

N
FIGURE 3. AVERAGE ANNUAL PRECIPITATION RATING
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK w E
Assigned Ratings Watershed Zones
1 ( <= 40 inches) _' 6 ( > 60 to 65 inches) Watershed Boundary s
w* = 2 ( > 40 to 45 inches) 7 ( > 65 to 70 inches) Critical Area (NA for WS-1)
3 ( > 45 to 50 inches) 0 8 ( > 70 to 75 inches) Protected Area Boundary (WS-IV, V only)
0 4 ( > 50 to 55 inches) 9 ( > 75 to 80 inches) Stream Zone
NOW 5 ( > 55 to 60 inches) 10 ( > 80 inches)
500 250 0 500 1,000 Feet
PWS ID: 01-56-010 41 May 16, 2007

a .4. w
FIGURE 4: LAND SURFACE SLOPE RATING
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK
Assigned Ratings
1 ( <= 2 percent)
3 ( > 2 to 5 percent)
5 ( > 5 to 10 percent)
7 ( > 10 to 20 percent)
9 ( > 20 to 50 percent)
® 10 ( > 50 percent)
N
W E
Watershed Zones
® Watershed Boundary s
© Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only)
Stream Zone
500 250 0 500 1,000 Feet
PWS ID: 01-56-010 42 May 16, 2007

A f� a
FIGURE 5: LAND USE RATING
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK
Assigned Ratings
1 (Water, Woody wetlands, Emergent herbaceous wetlands) 6 (Other grasses)
2 (Bare rock/sand) 7 (Low intensity residential, Transitional, Row crops)
3 (Deciduous forest, Evergreen forest, Mixed forest) 8 (High intensity residential)
5 (Quarries/strip mines/gravel pits, Pasture/hay) ® 10 (High intensity commercialAndustrial/transportation)
Watershed Zones
Watershed Boundary
0 Critical Area (NA for WS-1)
Protected Area Boundary (WS-IV, V only) 500 250 0 500 1,000 Feet
Stream Zone
N
W E
s
PWS ID: 01-56-010 43 May 16, 2007

,* 9
FIGURE 6: LAND COVER RATING
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK
Assigned Ratings
1 (Deciduous forest, Evergreen Forest, Mixed Forest)
3 (Water, Pasture/hay, Woody wetlands, Emergent herbaceous wetlands)
4 (Other grasses)
5 (Quarries/strip mines/gravel pits, Bare rock/sand, Transitional)
NOW 6 (Row crops)
NOW 7 (Low intensity residential)
N
W E
Watershed Zones
Watershed Boundary s
Critical Area (NA for WS-1)
0 Protected Area Boundary (WS-IV, V only)
C� Stream Zone
0 8 (High intensity residential) 500 250 0 500 1,000 Feet
® 10 (High intensity commercial/industrial/transportation)
PWS ID: 01-56-010 44 May 16, 2007

r 4v I
FIGURE 7: GROUNDWATER CONTRIBUTION RATING N
MARION, CITY OF, PWS ID: 0156010, CLEAR CREEK W e
s
Assigned Ratings
O1 (<= 10 Unsaturated Zone Rating) 6 (>= 50 to 60 Unsaturated Zone Rating) Watershed Zones
2 (>=10 to 20 Unsaturated Zone Rating) 7 (>= 60 to 70 Unsaturated Zone Rating) Q Critical Area (NA for WS-1)
3 ( >= 20 to 30 Unsaturated Zone Rating) 8 ( >= 70 to 80 Unsaturated Zone Rating) ® Watershed Boundary
4 (>= 30 to 40 Unsaturated Zone Rating) ® 9 (>= 80 to 90 Unsaturated Zone Rating) Protected Area Boundary (WS-IV, V only)
® 5 (>= 40 to 50 Unsaturated Zone Rating) 10 ( >= 90 to 100 Unsaturated Zone Rating) Stream Zone
500 250 0 500 1,000 Feet
PW51ll: 01-56-010 45 May 16,2UU7

? I4 J
Section 6: North Carolina's SWAP Approach
This section of the report is a more detailed description of North Carolina's SWAP approach.
This is a summary of Chapter 2 of North Carolina's Source Water Assessment Program Plan
Description of North Carolina's SWAP Approach
To meet the requirements of the 1996 SDWA Amendments, a Source Water Assessment was
completed for approximately 10,000 drinking water sources in North Carolina. A delineated area
for assessment was established for each drinking water source. An inventory of potential
contaminant sources was conducted in each assessment area and finally, a susceptibility rating
was assigned to each drinking water source. Because of the scope of this task and the limited
time and resources available for completing the work, North Carolina's SWAP program efforts
relies on Geographic Information Systems (GIS) to effectively use information. GIS allows
databases to be linked to points on a map (e.g., public water supply sources, streams, geology,
land use, roads, permitted waste disposal sites, Superfund sites, etc.) and overlaid on top of one
another.
Delineation of Assessment Areas for Surface Water Sources
For the purpose of performing source water assessments, "delineation" means defining what land
area constitutes the area contributing water to a public water supply source. During the
development of the Water Supply Watershed Protection (WSWP) program (final state rules
adopted in 1992), the state worked with local governments to determine the location of all
surface water sources and existing land uses within the water supply watersheds. This
information, in. conjunction with information on the types and location of wastewater discharges,
was used to determine the appropriate Water Supply Watershed Classification for more than 200
surface water sources in the state. The watershed classifications, WS-I, WS-II, WS-III, WS-IV,
and WS-V are based on the size of the watershed, ershed, development activities, and allowable waste
treatment and disposal practices.
All surface water sources were located on US Geological Survey 1:24,000 scale topographic
maps. The water supply watershed boundaries were delineated (except WS-V waters, which
were delineated for the SWAP assessments by the PWS Section), and the boundaries of the
Critical Area, and in the case of most WS-IV water supply watersheds Protected Areas
(described below) were delineated.
For protection of the surface water sources in North Carolina, a segmentation of the water supply
watersheds was implemented through the WSWP rules. The entire drainage areas of WS-I water
supply watersheds were delineated. These watersheds are all publicly owned and no new
development is allowed in these watersheds. These watersheds are very small. Some are located
within National Forests. Others are owned by a local government.
All WS-II, WS-III and WS-IV water supplies require delineation of a Critical Area which is
defined as the area within %2 mile and draining to the normal pool elevation of a water supply
reservoir, or % mile and draining to a water supply intake in a river. For WS-II and WS-III water
supplies, the remainder of the drainage area is subject to the development standards of the
WSWP rules and are implemented through local land use ordinances. WS-IV water supplies,
PWS ID: 01-56-010 46 May 16, 2007

which are typically portions of major river systems, are segmented in a Critical Area (previously
defined) and a Protected Area. The Protected Area is defined as the area within 5 miles and
draining to the normal pool elevation of a reservoir or 10 miles upstream and draining to a river
intake. In very few instances the WS-IV Protected Area encompasses the entire drainage area
due to the size of the watershed. In 1995, the state allowed local governments to request that the
10 mile Protected Area boundary of a WS-IV water supply be measured `dun of river" rather
than using a 10-mile arc linear measurement. Surface waters that are used by industry to supply
their employees with drinking water or waters formerly used as water supply are generally
classified as WS-V. The WS-V waters are protected as water supplies and are typically located
upstream of and draining to Class WS-IV waters. Land use restrictions do not apply to WS-V
waters under the WSWP rules.
Please note that for the purpose of the PWS Section's Source Water Assessments, delineation of
WS-IV boundaries may be different from the Division of Water Quality's (DWQ) delineation.
The PWS Section watershed assessment areas include all land draining to a drinking water
source. However, the watersheds defined in accordance with the WSWP Rules often exclude
land area draining to a source based on municipal or county jurisdictional boundaries. Please
refer to DWQ's WSWP program website(httn://h2o.enr.state.nc.us/wswp) for information on the
regulations associated with their program and the land area affected by their regulations.
Delineation of Assessment Areas for Public Water Supply Wells
The delineation of source water assessment areas for wells was in accordance with North
Carolina's EPA approved Wellhead Protection Program. The calculated fixed radius method was
used to delineate assessment areas around each well in the following areas: piedmont and
mountains; the unconfined surficial aquifer of the coastal plain; and in the semi -confined
portions of the Castle Hayne aquifer with an estimated recharge rate of 250,000 gallons per day
per square mile. The aquifer -source -volume method was used for confined aquifers of the coastal
plain. These methods are described below. Well depth is the determining factor for a well to be
considered confined. Well depths greater than 70 feet are considered confined.
Other assessment area delineation methods may be of interest to a PWS system in an effort to
more accurately define the area contributing water to the well. The state will review delineations
provided by any PWS system that employs acceptable alternative delineation methods. Resulting
alternative delineation areas will be incorporated into the SWAP if the state concludes that the
use of the more sophisticated method is appropriate.
Calculation of the Contributing Area
The first step in delineating the assessment areas is to determine the size of the contributing area
to the well. When a well is pumped, it causes groundwater that is flowing through the subsurface
to flow toward the well. The surface area surrounding a well that delineates the area in which
water entering the groundwater system at the water table eventually flows to the well and
discharges is known as the contributing area for the well. In this area, any contaminants released
to the environment that reach the water table, can reasonably be expected to move toward and
possibly reach the well. The calculated fixed radius method requires the pumping rate (Q) and
the recharge rate (W) for the pumping well in order to calculate the size of the contributing area.
The contributing area is calculated as follows:
PWS ID: 01-56-010 47 May 16, 2007

J I V
where:
Ac = Q
Ac = contributing area in square miles,
Q = maximum daily pumping rate in gallons per day, and
W = average recharge rate in gallons per day per square mile.
The maximum daily pumping rate in gallons per day was determined from information on wells
obtained from PWS Section sanitary survey inspection forms, Division of Water Resources
Local Water Supply plans, and information supplied by system owners/operators. Where no
information was available, an estimate of maximum daily pumping rate was assigned based on
hydrogeologic characteristics of the aquifer supplying water to the well.
Size of the Assessment Area for Wells Using Calculated Fixed Radius Method
Estimates of the size of the contributing area can be obtained using the equation given above.
However, because of the complex nature of groundwater flow and contaminant transport, it is not
possible to define exact contributing area boundaries around each well. Two factors that affect
the shape of the contributing area and its position and orientation with respect to a pumping well
are the hydraulic gradient and aquifer transmissivity. The variation in aquifer transmissivity is
important in determining the shape of the contributing area for a supply well. In areas where the,
hydraulic gradient and the aquifer transmissivity are essentially the same in all directions, the
shape of the contributing area depends primarily on the hydraulic gradient. Where the water table
is nearly flat, as near the water -table divide in broad interstream areas of low relief; the
contributing area is approximately circular. Where the hydraulic gradient is moderate to steep,
the contributing area is approximately elliptical, being oriented in the direction of groundwater
movement
Due to limited availability of information on both hydraulic gradient and aquifer transmissivity,
the assessment area for each well was doubled. Therefore, the assessment area for each well is
twice the size of the calculated contributing area or.
2
AswAP— 2Ac— W
PWS ID: 01-56-010 48 May 16, 2007

Delineation of Assessment Areas for Wells in Confined Aquifers
Recharge to confined aquifers is much less than that to the surficial unconfined aquifer where the
calculated fixed radius method was used. If the, calculated fixed radius method were applied to
wells withdrawing water from confined aquifers, the resulting assessment areas would be very
large. With the exception of a portion of the Castle Hayne aquifer, the aquifer -source -volume
method was used for delineating assessment areas for wells determined to be withdrawing water
from highly confined and semi -confined aquifers. "Aquifer source volume" refers to the volume
of the source aquifer that supplies the withdrawals from a well for a specified period of time.
This factor has been adopted in many states for defining assessment areas for confined aquifers.
For the purpose of these assessments, the volume of aquifer that supplies ten years of
withdrawals (i.e. the area surrounding a well in which the time of travel to the well is ten years)
was used. A ten-year period should be sufficient to provide time to assess the potential impact of
any groundwater contamination discovered within an assessment area and for developing
appropriate remediation and source water protection strategies for the water supply. For any well
in the coastal plain determined to be withdrawing water from a confined aquifer, the table below
will be used to determine the size of the assessment area.
Table 1. Radii of Assessment Areas for
Wells Withdrawing from Confined Aquifers in the Coastal Plain
Pumping Rate of
Well
(Gal. / min.)
Radius of Assessment
Area (Feet Rounded)
IF- 50
1000
IF-100 IF
1000
1
IF 200IF
1500
IF 50
2000
F
IF-100
3000
11 2000
3500
PWS ID: 01-56-010 49 May 16, 2007

Delineation of Assessment Areas for Water Supply Sources Classified as GWUDIs
Drinking water supplied by a well may include a surface water component. This is defined as
Ground Water Under the Direct Influence of Surface Water (GWUDIs). This temp is used to
indicate that water withdrawn from a well contains a specific indicator or indicators
(e.g., giardia) of the presence of a surface water component. The delineated area for a PWS well
classified as a GWUDI well will be the combined area of a circle based on the calculated fixed
radius method and the resulting upgradient watershed of the intersected surface water.
Segmentation of the resulting watersheds was in accordance with the most appropriate water
supply watershed classification scheme.
Delineation for Water Supply Sources Classified as Springs
Springs can be defined as areas where the water table intersects the ground surface. Ground
water may have flowed many miles before appearing on the surface to form a particular spring.
The delineated area for a drinking water source classified as a spring was defined as the entire
watershed area upgradient of the spring. Segmentation of the resulting watersheds was in
accordance with the most appropriate water supply watershed classification scheme.
Susceptibility Rating Methodology
The state determined that the overall susceptibility rating for each drinking water source should
be based on two key components, a contaminant rating and an inherent vulnerability rating.
Inherent vulnerability refers to the physical characteristics and existing conditions of the
watershed or aquifer. A contaminant rating refers to an evaluation of the number and location of
potential sources of contamination. The contaminant rating and inherent vulnerability
methodologies are explained below.
Contaminant Rating Methodology
The contaminant rating for each water supply source was determined based on the number and
location of potential contaminant sources (PCSs) within the delineated area. The delineated area
for the drinking water source encompasses the area where PCSs, if released to the environment,
could reasonably be expected to be a risk or a potential for contamination of the drinking water
supply. A PCS in this assessment report is a facility or site regulated under a state or federal
regulatory program. These facilities are identified in electronic databases that contain location
information for each facility. Only databases that include information statewide were used for
this source water assessment. Each PCS identified within the delineated area was assigned a risk
rating of higher, moderate or lower. The number of PCSs that occur within the delineated area
was determined and a Contaminant Rating of higher, moderate or lower was assigned to each
drinking water source.
PWS ID: 01-56-010 50 May 16, 2007

L 1� I a
Contaminant Rating for Ground Water Sources
For each ground water source, define an inner Zone A with an area equal to half the area of
the delineated assessment area. Using Table 2, detenmine the number of PCSs that occur
within each risk category according to their location, either in Zone A or in the remaining
delineated area. Determine the Contaminant Rating of higher, moderate or lower for each
well by adding the totals for each risk category.
Table 2. Determination of Contaminant Rating for Ground Water Sources
Potential
Contaminant
Sources in
Number of
Higher Risk
PCSs
Cumulative Number of
Higher and Moderate
Risk PCSs
Cumulative Number of
Higher, Moderate and
Lower Risk PCSs
PWS ID: 01-56-010 51 May 16, 2007

Table 3. Determination of Contaminant Rating
for Surface Water Sources in WS - H or III Watersheds
For each category, score "1" if the number of contaminants exceeds the indicated threshold,
or score "0" if the number of contaminants is less
than the threshold. Total the scores (1 or 0
for each category). Therefore, the highest possible score is a 9.
Determine the Contaminant Rating for each surface water source in a Water Supply
Watershed II or III as follows:
Higher
(9 - 6)
Moderate
(5 - 3)
Lower
L 2)
Cumulative
Cumulative Number
Potential
Number of
Number of Higher_
of Higher, Moderate
Contaminant
Higher Risk
and Moderate Risk
and Lower Risk
Sources in :
PCSs
PCSs
PCSs
(Number of
(Number
(Number
sources )
of sources )
of sources
Critical Area
>1
>5
>10
Score: (1 or 0)
Score: (1 or 0)
Score: (1 or 0)
Watershed Area
(Number of
(Number
(Number
sources )
of sources )
of sources____)
Within 1000 Foot
Stream Zone
> 5
> 10
> 20
Score: (1 or 0)
Score: (1 or 0)
Score: (1 or 0)
Watershed Area
(Number of
(Number
(Number
sources
of sources
of sources
Outside Stream
Zone
> 20
> 40
> 80
Score: -(I or 0)
Score: (1 or 0)
Score: (1 or 0)
PWS ID: 01-56-010 52 May 16,2007

Table 4. Determination of Contaminant Rating
for Surface Water Sources in WS - IV and V Watersheds
Cumulati
For each category, score
"l" if the number of contaminants exceeds indicated
threshold. If
the number of contaminants is less than the threshold score "0." Total all the scores (1 or 0
for each category). Therefore, the highest possible score is a 12.
Determine the Contaminant
Rating for each surface water source in a Water Supply
Watershed IV or V as follows:
Higher
(12 - 9)
Moderate (8 - 4)
Lower
(< 3)
ve Number of
Cumulative
Potential
Number of
Higher and Moderate
Number of Higher,
Contaminant
Higher Risk
Risk
Moderate and
Sources in :
PCSs
PCSs
Lower Risk PCSs
(Number of
(Number of
(Number of
sources )
sources )
sources )
Critical Area
>1
>5
>10
Score: (1 or D)
Score: (1 or D)
Score: (1 or 0)
(Number of
(Number of
(Number of
Protected Area
sources )
sources )
sources
Within 1000 Foot
> 5
> 10
> 20
Stream Zone
. Score: (1 or 0)
Score: (1 or 0)
Score: (1 or D)
Protected Area
(Number of
(Number of
(Number of
sources )
sources
sources
Outside Stream
Zone
> 20
> 40
> 80
Score: (1 or 0)
Score: (1 or 0)
Score: (1 or 0)
Stream Zone from
(Number of
(Number of
(Number of
Protected Area to
sources )
sources )
sources )
25 Mile or
Watershed
> 20
> 40
> 80
Boundary
Score: (1 or 0)
Score: (1 or 0)
Score: (1 or 0)
PWS ID: 01-56-010 53 May 16, 2007

Inherent Vulnerability Rating Methodology
The inherent vulnerability of a well or surface water source refers to the characteristics or
existing conditions of the well or surface water source and its delineated assessment area.
Several factors were evaluated for both groundwater and surface water sources and included in
the inherent vulnerability rating of each public water supply source. Each drinking water source
was assigned an inherent vulnerability rating of higher, moderate or lower.
Inherent Vulnerability Rating for Wells
The characteristics included for assigning an inherent vulnerability rating for wells are
aquifer rating, unsaturated zone rating and well integrity/well construction rating. The aquifer
rating is an assessment of the water transmitting characteristics of the aquifer. The
unsaturated zone rating is an assessment of the likelihood that contaminants from surface and
shallow sources will follow the path of aquifer recharge and reach the water table. The well
integrity/construction rating is an assessment of the quality of the construction of the well. A
brief description of each factor follows:
Aquifer Rating
The aquifer rating is a qualitative assessment of the water transmitting characteristics of the
aquifer. Relative differences in aquifer vulnerability were based on a review of relevant
literature, expert opinions, and confirmed with historical data. Factors considered in rating
aquifer vulnerability include hydraulic conductivity, degree of confinement, dilution, and
sorption potential. The attenuative capacity of the unsaturated zone is not considered in the
determination of aquifer ratings. Table 5 summarizes the aquifer -rating scheme used for
these assessments.
Well depths determined whether a well was considered unconfined, deep confined or shallow
confined for these assessments. Wells less than or equal to 70 feet deep were considered to
be withdrawing water from an unconfined or surficial aquifer. Wells greater than 70 feet but
less than 180 feet deep were considered to be withdrawing water from a shallow confined
aquifer. Wells greater than 180 feet deep were considered to be withdrawing water from a
deep confined aquifer.
PWS ID: 01-56-010 54 May 16, 2007

{ 4 *` •
Table 5. Aquifer Rating Based on Water Transmitting Characteristics
Aquifer/Ground Water Source
Rating
Coastal Plain Aquifers:
Deep Confined (e.g., Kinston area)
Lower
Shallow Confined (e.g., Pamlico Co.)
Moderate
Unconfined (e.g., Castle Hayne Outcrop area)
Higher
Piedmont and Mountain Aquifers:
Triassic Basins (e.g., Sanford -Durham)
Moderate
Fractured Rock Aquifers
Higher
Other:
Metamudstones and Meta-argillites of the Carolina Slate Belt
Higher
Areas with Wells Cased to Less Than 20 Feet
Higher
Groundwater under the Direct Influence of Surface Water
Higher
Sand Hills Area
Higher
Unsaturated Zone Rating
The state, in cooperation with the United States Geological Survey (USGS), developed the
unsaturated zone rating methodology. The USGS Water -Resources Investigations Report 99-
4283, "Methods of Rating Unsaturated Zone and Watershed Characteristics of Public Water
Supplies in North Carolina" describes the methodology. The unsaturated zone rating is the
combination of selected factors that contribute to the likelihood that contaminants from
surface and shallow sources will follow the path of aquifer recharge and reach the water
table. Contributing factors, in the form of GIS spatial data layers, include land use/land
cover, vertical hydraulic conductance of the unsaturated zone, and land -surface slope.
Vertical hydraulic conductance measures the capacity of the unsaturated zone to transmit
water from land surface to water table. Land -surface slope and land cover influences the
amount of precipitation that infiltrates into the subsurface. Land use describes the activities
that take place on the surface or in the shallow subsurface and the type of contaminants that
may be present as a result of those activities (i.e., "non -point source" potential contaminant
sources).
PWS ID: 01-56-010 55 May 16, 2007

Well Integrity/Construction: Rating
Well construction details such as casing depth, grouting depth and screened interval were not
available for assigning SWAP assessment ratings. For the SWAP assessments, the state
initially assigned a higher vulnerability well integrity / construction factor for all wells since
proper well construction / integrity could not be verified. After the initial SWAP reports were
released for review, the PWS Section requested each PWS system owner to voluntarily
provide documentation on well integrity/construction for possible refinement of this rating. If
adequate information to document well construction/integrity was submitted by the system,
the state revised the well construction/integrity rating accordingly.
Table 6 summarizes the characteristics evaluated and rated for the inherent vulnerability for
each PWS well. Each well was assigned an inherent vulnerability rating of higher, moderate
or lower:
Table 6. Inherent Vulnerability Rating of Wells
Inherent Vulnerability
Higher
Moderate
Lower
Factors
Vulnerability
Vulnerability
Vulnerability
Aquifer Rating
10
5
- 1
Unsaturated Zone
Rating
10
5
1
Well
Integrity/Construction
5
3
1
Rating
Totals
25-18
17-15
14-1
Inherent Vulnerability Rating for Surface Water Sources
The inherent vulnerability of a surface water source refers to the characteristics and existing
conditions of the source and the delineated assessment area (watershed). The characteristics
included for assigning an inherent vulnerability rating are water supply watershed
classification, surface water source location, raw water quality, and the watershed
characteristics rating. The watershed classification is based on the size of the watershed,
development activities, and allowable waste treatment and disposal practices. The surface
water sources were characterized based on whether they are located in streams, large multi-
purpose reservoirs, or small water supply reservoirs. The raw water quality rating is based on
recorded turbidity and total coliform values over a twelve month period. The watershed
characteristics rating is an assessment of the likelihood that contaminants will follow the path
of overland flow or shallow subsurface flow to a surface water source. A description of each
factor follows:
PWS ID: 01-56-010 56 May 16, 2007

t - ) R
Watershed Classification
In North Carolina, all surface water sources are located in water supply watersheds that are
classified as either WS-I, II, III, IV, or V. The Water Supply Watershed Protection Rules
required that all local governments having land use jurisdiction within water supply
watersheds adopt and implement water supply watershed protection ordinances, maps and a
management plan. All of these ordinances are in place and have been deemed to be in
compliance with the statutory requirements. The inherent vulnerability ratings for watershed
classification are based on differences between watershed classes, including size of the
watershed, development activities, and allowable waste treatment and disposal practices.
Surface Water Source Location
All surface water sources are located in streams, large multi -purpose reservoirs (Class 3), or
small water supply reservoirs (Class 1 or 2). The inherent vulnerability ratings for surface
water source location are based on differences between the reaction time for a water plant in
the case of a contamination event or spill in a stream versus a reservoir and includes the
allowable activities on surface water reservoirs (i.e., single use versus multiple uses allowed).
Raw Water Quality
The likelihood of the presence of Cryptosporidium and other water -borne microorganisms
increases when turbidity is high. Therefore, turbidity and total coliform bacteria are good
indicators of raw water quality. The Area Wide Optimization Program (AWOP) within the
PWS Section has developed a ranking system for surface water treatment plants based
primarily on these two parameters. This ranking system, with some minor modifications, has
been adopted by SWAP in order to assign a raw water quality rating to each surface water
source.
The AWOP ranking system is based on the treatment plant's raw, settled and finished water
turbidity and coliform levels along with violations of MCLs and treatment techniques. Raw,
settled and finished water samples are collected daily and compiled in a monthly report,
commonly referred to as a MOR (monthly operating report). The AWOP ranking system
first totals the number of months in a year that specific levels of turbidity and coliform are
exceeded and/or the number of months certain violations occur. The monthly totals are then
multiplied by a weighting factor to balance the relative importance of these ,parameters.
These numbers are then totaled for the year and are considered the water treatment plant's
total score.
Because the purpose of SWAP is to assess sources of drinking water supply and not how well
water plants treat their water, SWAP only uses the raw water scores for turbidity and
coliform from the AWOP ranking system. The total raw water quality scores were divided
into three categories of vulnerability: Higher, Moderate and Lower. The AWOP ranking
system is for surface water treatment plants and not individual surface water sources.
Therefore, in the case where more than one source is used by a treatment plant, the plant's
raw water quality rating was initially assigned to all of the plant's sources. Upon review by
the regional office staff some of the ratings were then adjusted based on their extensive
knowledge of the surface water sources in their area.
PWS ID: 01-56-010 57 May 16, 2007

Watershed Characteristics Rating
The state determined the watershed characteristics ratings of each surface water source in
cooperation with the USGS. The USGS Water -Resources Investigations Report 99-4283,
"Methods of Rating Unsaturated Zone and Watershed Characteristics of Public Water
Supplies in North Carolina" describes this methodology. The watershed characteristics
ratings were based on the combination of selected factors that may contribute to the
likelihood that contaminants follow the path of overland flow and reach the surface water
source. Contributing factors, in the form of GIS spatial data layers, include average annual
precipitation, land cover, land use, land -surface slope and groundwater contribution.
Precipitation is the source of water transported overland to a stream or lake. Land -surface
slope and land cover influence the amount of precipitation that infiltrates into the subsurface:
Land use describes the activities that take place on the surface or in the shallow subsurface
and the type of contaminants that may be present as a result of those activities (i.e., non -point
source potential contaminant sources). Ground -water contribution is the effect of ground
water on surface -water quantity and quality. For these assessments the ground -water
contribution is derived from the unsaturated zone rating described in the ground water
inherent vulnerability section of this report. Table 7 includes the characteristics that were
evaluated and rated for the inherent vulnerability for each surface water source:
Table 7. Inherent Vulnerability of Surface Water Sources
Surface Water
Higher
Moderate
Lower
Source
Vulnerability
Vulnerability
Vulnerability
Characteristics
Watershed
WS-IV, WS-V
WS-III, WS-II
WS-I
Classification
10
5
1
Class 3
Class 1 and 2 .
Intake Location
Direct Stream
Reservoirs
Reservoirs
8
4
2
Raw Water Quality
5
3
1
(water plant data)
Watershed
Characteristics
10
5
1
Rating
Totals
33 - 21
20 - 13
12 - 5
PWS ID: 01-56-010 58 May 16, 2007

Susceptibility Rating Methodology
The state assigned a susceptibility rating for each drinking water source that was based on two
components, a contaminant rating and an inherent vulnerability rating. Using the results of the
evaluations of contaminant rating and inherent vulnerability rating for each public drinking water
source, a susceptibility rating of higher, moderate or lower was assigned to each source
according to the table below:
Table 8. Susceptibility Rating for Public Water Supply Sources
by Combining the Inherent Vulnerability and Contaminant Ratings.
Contaminant
Rating
Inherent Vulnerability Rating
Higher
Moderate
Lower
Higher
H
H
M
Moderate
H
M
M
Lower
M
M
L
PWS ID: 01-56-010 59 May 16, 2007

t
Officials from Davidson Water
are initiating a voluntary Source
Water Protection Plan for their
Yadkin River intakes and the sur-
rounding watershed.
The resulting plan will define
strategies to protect public drink-
ing water derived from this source.
The cooperative effort will encour-
age public participation and pro-
mote partnerships with other
groups and North Carolina agen-
cies.
`We are very excited that David-
son Water has taken this step," said
Jay Frick of the N.C. Department
of Environment and Natural
Resources: "Their effort is purely
voluntary and demonstrates a
proactive commitment to protect
drinking water. -We are eager to
assist Davidson Water with this
effort."
Other groups, such as the N.C.
Rural Water Association, will play
an essential role in the process.
The Source Water Protection
Team is made up of Max Walser,
county commissioner; Scott
Leonard, Davidson County plan-
ner/watershed administrator;
Thom Hege, Robana Farms;
Ronald Farnsworth; Davidson
Water plant superintendent; Tim
Gwaltney, Davidson Water lab
tech; and Gregg Stabler, manager
of Davidson Water. Frick and Lee
Spencer from DENR will provide
their expertise to the team along
with Debbie Maner, source water
protection specialist with North
Carolina .Rural Water.
Any citizen or local group wish-
ing to participate is encouraged to
contact Davidson Water. Much
help will be needed once action
plans are finalized by the Source
Water Protection Committee. Sta-
bler will lead the effort to initiate
source water protection.
`We have traditionally enjoyed
high -quality drinking water, and
we want to keep it that way," Sta-
bler said.. Maintau>ing clean drink-
ing water is not only good for pub-
lic health but has economic
advantages as well."
An approved protection plan
will give Davidson Water priority
to obtain grants and love interest
loans that can be used to inprove
the system and implement water-
shed protection measures.
Davidson Water removes 12
million gallons on an average and
almost 18 million gallons on a ma-
imum day from the Yadkin River
and supplies drinking water to
approximately 140,000 people. In
a recent analysis by DENR, the
Davidson Water drinking assess-
ment area scored a "higher" sus-
ceptibility for contan-Anation. A sus-
ceptibility rating of "higher" does
not imply poor water quality- The
rating indicates the potential for
the water source to become pol-
luted by contaminant sources with-
in the assessment area.
An initial step was taken Oct. 6
when Davidson Water employees,
along with others, participated in
the " Dig Sweep" concentrating on
areas above their Yadkin River.
intakes. With the help of Girl Scout
Junior Troop 61. and county
employees, a large area was
cleaned of all types of trash.
More information regarding
drinking water quality and David-
son Water can be found online at
deh.enr.state.nc.us/pvvs/SWAP
and them by clicking "SWAP
Reports" at the bottom of the page.
Information and updates on the
Source Water Protection Plan can
be found on Davidson Water's
Web si te. at
www.davids6nwater coni.

2-B—LINcoLN TwEs-NEWS, UrocdnM; N.C.. We*v6st", May 30.2007 SHOO ELIW�
Officials ca' 11OrO61untar . water. 'rotoctiqn�' 14an
P
MAPJBETHKMM Thekmawo@d allow Lincoln
Staff Wrliff Co
unty to ptirchase land behind
the Little Preek cove where the
Lincoln County officials hope water inakeplantis.
to the cour�ty's dri
protect nnkm county interested Mi
water through a voluntary wa- - purc 'A"I 16 acre tra, ct right
ter Protection plan at- the, wat, at the" BOdheW of.the. cove," said
intake area on Lake Norin t isc6iif1ianoftheLin_
MiisisalaiflynewprograWe t 01" 148tural Resources Com-
said Ron Bost who is co -lea* mittee. "The purpose is to pro-
of the Source Water Protection t - -the Water to provide riecre-
plan alongw#l�%ii1i
hCouatym. edt
. atio, nandpre -serve open space."
Stan Kiser. "One of the benefits -.-Boit sEd-ft county has con.
of doing this plan isthatit haw this property
fies you to apply for a loan to flo-r-a" rantfrbra
purchase property" g
k6tThistfUnd.
7
Joseph DIPento
1885 N Nghway IS.
Denver.
The final balance would be cov-;!,sis."we can."
ered through a loan. Ugst ii-4irlyiertain the wa-
In order to complete
Source Water Protection.Plan, changes.
residents are urged to take part.. ..1That water -shed is fairly.,
in the process: going to be
"The citizen's group will. be iri inkreshxigpocess.-
,
individuals inthe couatywhol*s Tke Plan:origipa.ted with
-interest and -input in theconseri- LNRC wheremembers brought
z_ - ,
Ws 04ention in or -
Representatives from sey- der.to MOVe foiWard with it.
Fa
st Bost said ' 'the LNkC is inter -
Lincoln Betterment, Associa- estedaApt<otst±ting the streams
Lion, Cata"a Land �,M thovow-0.0"O.... 14
them
vancy ind'the Lake
Mgme commission C� of
Nil 9, # Ph
:take part. in fibir
.
the plan. Lake
Afieithe -team isassembly, .­- is is each -day, supplying
members will examine ,--water t019,000custom-
source vo- -em. The Little Creek access is
tentia ."166ated near'the'Rock Spring I �ita�tion
d'crvologa manageptent MUM. ACam p Gr6und ih Denver.
4con. )ff citizens are encouraged gencyplanand",*. -Q
iciA and br4r6* .ai# can contact th
e,
plant
lung
:-'!cO-Vj1itY:'qia off ce for
geT S 9 ,
.take to get it done," Bost niqM- inf6im'atioti (704) 736-
"We will push it along as *,k7l,

A.
` f3
WWII'
71

0
Watershed Ordinance
of
McDowell County, North Carolina
Section 101.
Authority and Enactment
Section 102.
Jurisdiction
Section 103..
Exceptions to Applicability
Section104.
Repeal of Existing.Watershed Ordinance
Section 105. `
Criminal.Penalties
Section .106: -
Remedies
Section 107.
Severability
Section 108."
Adoption Date
Section 109.
Effective Date
S bd• R
Article 200. u ivision egulataons
Section 201. General Provisions
Section 202. Subdivision Application and Review Procedures
Section 203. Subdivision Standards and Required
Improvements ..
Section 204. Construction Procedures
Section 205. Penalties for Transferring Lots in Unapproved
Subdivisions
Article 300: Development Regulations
Section 301.
Establishment of Watershed Areas
Section 302.
Watershed Areas Described
Section 303.
Cluster Development
Section 304.
Buffer,�xeas Required
Section 305.
Rules Governing the Interpretation of
Watershed Area Boundaries
Section 306.
Application of Regulations
Section 307,
Existing Development
Section 308.
Watershed Protection Permit
Section 309.
Building Permit Required
Section 310.
Watershed Protection Occupancy Permit
Page
1-3
1
1
1-2
2
2
2-3
3
3
3
4-6
4
4
6
6
6 _.
7-13
7
7-10
10
11
11
11-12
12
12-13
13
13

Article 400: Public Health Regulations
14
Section 401.
Public Health, in General
14
Section 402,
Abatement
14
Article 500: Administration, Enforcement and Appeals
14-20
Section 501.
Watershed Administrator and Duties thereof
14-15
Section 502.
Appeal from the Watershed Administrator
15
Section 503.
Changes and Amendments to the Watershed
16.
Protection Ordinance
Section 504.
Public Notice and Hearing Required
16
Section 505.
Establishment of Watershed Review Boards
16
Section 506.
Rules of Conduct for Members '
17
Section 507,
Powers and Duties of Watershed Review Board
17-20
Section 508.
Appeals from the Watershed Review Boaid
20
Article 600: Definitions
21-25
Section 601.
General Definitions
21-25
i Section 602.
Word Interpretation
25
P

WATERSHED ORDINANCE
OF
MCDOWELL COUNTY, NORTH CAROLINA
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Authority and.Enactment.
The Legislature of the State of North Carolina has, in Chapter 153A, Article 6, Section
121, General Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or directed local governmental units to adopt regulations designed to
promote -the public health, safety, and general welfare of its citizenry. The McDowell County
Board of Commissioners does hereby ordain and enact into law the following articles as the
Watershed Protection Ordinance of McDowell County.
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water
Supply Watershed by the N.C. Environmental Management Commission and shall be. defined and
established on the map entitled, "Watershed Protection Map of McDowell County; North
Carolina" ("the Watershed Map"), which is adopted simultaneously herewith. The Watershed
Map and all explanatory matter contained thereon accompanies and is hereby made a part of this
Ordinance. This Ordinance;shall be permanently kept on file in the office of the McDowell
County Clerk.
Section 103. Exceptions to Applicability.
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which these
rVulations specifically replace; nor shall any provision of this Ordinance amend, modify, or
restrict any provisions of the Code of Ordinances of McDowell County; however, the adoption of
this Ordinance shall and does amend any and all ordinances, resolutions; -and regulations in effect
in McDowell County at the time of the adoption, -of this Ordinance that may be construed to
impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere, -with any easement, covenants or
Al
other agreements between parties. However, if the provisions. of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.

(C) Existing development, as defined in this ordinance, is not subject to the requirements
of this ordinance. Expansions to structures classified as existing development must meet the
requirements of this ordinance, however, the built -upon area of the existing development is not
required to be included in the density calculations.
. (D) If a nonconforming lot of record is not contiguous to any other lot owned by the
same party, then that lot of record shall not be subject to the development restrictions of this
ordinance if it is developed for single-family residential purposes. Any lot or parcel created as
part of a family subdivision after the effective date of these rules shall be exempt from these rules
if it is developed for one single-family detached residence and if it is exempt from local
subdivision regulation. Any lot or parcel created as part of any other type of subdivision that is
exempt from a local subdivision ordinance shall be subject to the land use requirements (including
impervious surface requirements) of these rules, except that such a lot or parcel must meet the
minimum buffer requirements to the maximum extent practicable.
Section 104. Repeal of Exi isting Watershed Ordinance.
This ordinance in part carries forward by re-enactment; some of the 'Watershed
Ordinance of McDowell County, North Carolina (adopted by the Board of Commissioners on
December 6, 1993 as amended), and it is not the intention to repeal but rather to re --enact and
continue in force such existing provisions so that all rights and liabilities that have accrued
thereunder are preserved and may be enforced. All provisions of the Watershed Ordinance which
are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions
resulting from the violation of any ordinance provisions heretofore in effect, which are now
pending in any court of this state or of the United States, shall not be abated or abandoned by
reason of the adoption of this ordinance, but shall be prosecuted to their finality the same as if this
ordinance had not been adopted; and any and all violations of the existing Watershed Protection.
Ordinance, prosecutions for which have not yet been instituted; may be hereafter filed and'
prosecuted; and nothing in this ordinance shall be so construed as'Jo. abandon, abate or dismiss
any litigation or prosecution now pending and/or which may heretofore have been instituted or
prosecuted.
Section 105. Criminal Penalties.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor
and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximurn fine for
each offense shall not exceed $500.00. Each day that the violation continues shall constitute a
separate offense.
Section 106. Remedies.
Y;
(A) If any subdivision, development and/or land iise is found to be in violation of this
Ordinance, the McDowell County Board of Commissioners "may, in addition to all other remedies
available either in law or in equity, institute a civil penalty in the amount of $100.00' action or
proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building;

structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.
In addition, the N.C. Environmental Management Commission may assess civil penalties in
accordance with'G.S. 143-215.6(a). Each day that the violation continues shall constitute a
separate offense.
(B) . If the Watershed Administrator finds that any of the provisions of this ordinance are
being violated, he shall notify in writing the person responsible for such violation, indicating the
nature of the violation, and ordering the action necessary to correct it. He shall order
discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or,
structures, or of additions, alterations. or structural changes thereto; discontinuance of any illegal
work being done; or shall take any action authorized by this ordinance to ensure compliance with
or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned,
the aggrieved party or parties may appeal such ruling to the Watershed Review Board.
Section 107. Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional
by any court of competent jurisdiction, the declaration shall not affect -the validity of this
Ordinance as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
Section 108. Adoption Date.
This Ordinance shall be adopted on the 22nd day of July
Section 109.=-Effective Date.
Attest:
This Ordinance shall take effect. and be in force on the 22nd day of Jul
� r -
Te L. Smit
. , airman,
McDowell County and of Commissioners
Carrie Padgett, Clerk to the B d
3
1996.
1996.

ARTICLE 200: SUBDIVISION REGULATIONS.
Note: Provisions in this Article are derived in part from statutory authority Chapter 153A,
Article 18, Part 2
Section 201. General Provisions.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed
or recorded by the Register of Deeds until it has been approved in accordance with the provisions
of this Article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a
plat if the recording of such plat would be in conflict with this Article.
(B) The approval of a plat does not constitute or affect the acceptance by the County or
the public of the dedication of any street or other ground, easement, right-of-way, public. utility
line, or other public facility shown on the plat and shall noc be construed to do so.
(C) Allsub divisions. shall conform with the mapping requirements contained in G.S.47-
30.
(D) All subdivisions of land within the jurisdiction of McDowell County after the effective
date of this ordinance shall require a plat to be prepared, approved, and recorded pursuant to this
ordinance.
Section 202., Subdivision Application and Review Procedures.
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of
Deeds by submitting a vicinity map to the Watershed Administrator to determine. whether or not
the property is located within the`designated Public Water Supply Watershed. Subdivisions that
are not within the designated watershed area shall'not be subject to the provisions of this
ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. In
addition, subdivisions within a WS-IV watershed are subject to the provisions of this ordinance
only when an erosion and sedimentation plan is required under the provisions of State law, or
approved local program. Subdivisions within the designated watershed area shall comply with the
provisions of this Article and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The
application shall include a completed application form, two (2) copies of the plat and supporting
documentation deemed necessary by the Watershed Adrninistratbr or the Watershed Review
Board.
(C) The Watershed Administrator shall review the completed application and shall either
approve, approve conditionally or disapprove each app-tication. The Watershed Administrator
shall take final action within forty-five (45) days of submission of the application. The Watershed
Administrator or the Board may provide public agencies an opportunity to review and make
recommendations. However, failure of the agencies to submit their comments and

recommendations shall not delay action within the prescribed time limit. Said public agencies
may include, but are not limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
(2) The director of the Health Department with regard to proposed private water system
or sewer systems normally approved by the Health Department.
(3) The state Division of Environmental Management with regard to proposed sewer
systems normally approved by the Division, engineered storm water controls or storm
water management in general.
(4)- Any other agency or official designated by the Watershed Administrator or Watershed
..Review Board.
(D) If the. Watershed Administrator approves the application, such approval shall be
indicated on both copies of the plat by the following certificate and signed by the Watershed
Administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed" Protection
Ordinance and is approved by the Watershed. Review Board for recording in the
Register of Deeds office.
Date - Watershed Administrator
NOTICE: This property is located within a Public Water Supply
Watershed -,development restrictions may apply:
(E) If the Watershed Administrator disapproves or approves conditionally the application,
the reasons for such action shall be stated in writing for the applicant and entered in the minutes.
The subdivider may make changes and submit a revised plan which shall constitute a separate
request for the purpose of review.
(F) All subdivision plats shall comply with the requirements for recording of the County
Register of Deeds.
(G) The plat shall be recorded within thirty (50) days of approval. The Subdivider shall
provide.the -Watershed Administrator with evidence the platlas been recorded with the Register
of Deeds within five (5) working days.

Section 203. Subdivision Standards and Required Improvements.
(A) All lots shall provide adequate building space in accordance with the development
standards contained in Article 300. Lots which are smaller than the minimum required for
residential lots may be developed using built -upon area criteria in accordance with Article 300.
.(B) For the purpose of calculating built -upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
(C) Storm Water Drainage Facilities. The application shall be accompanied by a
description of the proposed method of providing storm water drainage. The subdivider shall
provide a drainage system that diverts stormwater runoff away from surface waters and
incorporates best management practices to minimize water quality impacts.
(D) Erosion and Sedimentation Control. The application shall, where required, be
accompanied by a.written statement that a Sedimentation and Erosion Control Plan has been
submitted to and approved by the N.C. Division of Land Quality.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads
should be located outside of critical areas and watershed buffer areas. Roads constructed within
these areas shall be designed and constructed to minimize their impact on water quality.
Section 204. Construction Procedures.
(A) No construction or installation of improvements shall commence in a proposed.
subdivision until a subdivision plat has been approved.
(B) No building or other permits shall be issued for erection of a structure on any lot not
of record at the time of adoption of this Ordinance until all. requirements of this Ordinance have
been met. The subdivider, prior to corr�mencing any'work within the subdivision, shall make
arrangements with the Watershed Administrator to provide for adequate inspection.
Section 205. Penalties for Transferring Lots in Unapproved Subdivisions.
Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of McDowell County, thereafter subdivides his land in violation of this ordinance or
-transfers or sells land by reference to, exhibition of, or any other use of a plat showing a .
subdivision of the land before the plat has been properly approved under this ordinance and
recorded in the office of the register of deeds, shall be guih'y of a misdemeanor. - The description
by metes and bounds in the instrument of transfer or- other document used in the process of selling
or transferring land shall not exempt the transaction -on��:this penalty. The County may bring an
action for injunction of any illegal subdivision, transfer;`c'nveyance, or sale of land, and the court
shall, upon appropriate findings, issue an injunction and order requiring the offending party to
comply with this ordinance. ' . .

ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas.
The purpose of this Article is to list and describe the watershed areas herein adopted.
For purposes of this ordinance the County is hereby divided into the following areas, as
appropriate:
WS-I
WS-II=CA (Critical Area)
WS-Ii-BW ... (Balance of Watershed)
WS-IV-PA. (Protected Area)
Section 302.. Watershed Areas Described.
(A) WS-I Watershed Areas (Mackey Creek and Clear Creek). The intent is to provide
maximum protection for water supplies within natural and undeveloped watersheds in public
ownership by allowing only low intensity uses. No. residential or non-residential uses are allowed
except those listed below. Impacts from non -point source pollution shall be minimized.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990 and. all rules and
regulations of the Soil and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water.Quality. (.15 NCAC 1I.6101-.0209).
(c) Water withdrawal, treatment and distribution facilities.
(d) Restricted road access.
(e) Power transmission lines.
(2) Density and built -upon area limits `do not apply.
(B) WS-II Watershed Areas (Buck Creek) -.,Critical Area (WS-II-CA). In order to
maintain a predominately undeveloped land use intensity pattern, single family residential uses
shall be allowed at a maximum of one dwelling unit per two acres, All other residential and non-
residential development shall be allowed at a maximum six percent (6%) built -upon area. New
residuals application sites and landfills are specifically prohibited.
7

(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990 and the rules and
regulations of the Soil and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101-.0209).
(c) Residential development.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land
application of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per
two (2) acres on a project by project basis: No -residential lot shall. be less than
two (2) acres (or 80,000 square feet excluding roadway right-of-way), except
within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall riot exceed six
percent (6%) built -upon area on a project by project basis. For the purpose of
calculating built -upon area, total project area shall include total acreage in the tract
on which the project is to be developed.
(C) WS-II Watershed Areas (Buck Creek) - Balance of Watershed .(WS-II-B W). In
order to maintain a predominantly undeveloped"land use intensity, single family residential uses
shall be allowed at a maximum of one dwelling unit per acre (1 du/ac). All other residential and
non residential development shall be allowed a maximum of twelve percent (12%) built -upon
area. In addition, new development may occupy ten -percent (10%) of the watershed area_which is
outside the critical area, with seventy percent (70%) built -upon area when approved as a special
intensity allocation (SIA). The Watershed Administrator is authorized to approve SIM consistent
with the provisions of this ordinance. Projects must, to the maximum extent practicable, minimize
built -upon surface area, direct stormwater away from surface waters and incorporate Best
Management Practices to minimize water quality impacts. Non -discharging landfills and residuals
application sites are allowed.
(1) Allowed Uses:
(a) Agriculture, subject to the provisionstof the Food Security Act of 1985 and
the Food, Agricultural, Conservation acid Trade Act of 1990..
(b) Silviculture, subject to the provisions "ofthe Forest Practices Guidelines
Related to Water Quality (15 NCAC II.6101-.0209).

(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per
acre (1 du/ac) on a project by project basis. No residential lot shall be less than
one acre (or 40,000 square feet excluding roadway right-of-way), except within an
approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed
twelve percent (12%) built -upon area on a project by project basis except that up
to ten percent (10%) of the balance of the watershed may be developed at up to
seventy percent (70%) built -upon area on.a project by project basis: For the
purpose calculating built -upon area,. total project area shall include total acreage in
the tract on which the project is to be developed.
(D) WS-IV Watershed Areas (Catawba River) - Protected Area (WS-IV-PA). Only new
development activities that require an erosion/sedimentation control plan under State law or
approved local government program are required to meet the provisions of this ordinance when
located in a WS-IV watershed. In order to accommodate a moderate to high land use intensity,
single family residential uses shall develop at a maximum 'of two (2) dwelling units per acre (2
du/ac). All other residential and non-residential development shall be allowed at a maximum of
twenty-four percent (24%) built -upon area. A maximum of three (3) dwelling units per acre (3
du/ac) or thirty-six (36%) percent built -upon area is allowed for projects without a curb and
gutter street system.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of. the Food Security Art of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC II.6101-.0209).
(c) -Residential development.
(d) Non-residential development. V.
(2) Density and Built -upon Limits:
0

(a) Single Family Residential --development shall not exceed two (2) dwelling
units per acre, as defined on a project by project basis. No residential lot, shall be
less than one-half (1/2) acre (or 20,000 square feet excluding roadway right-of-
way), or one-third (1/3) acre for projects without a curb and gutter street system,
except within.an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed
twenty-four percent (24%) built -upon area ona project by project basis. For
projects without a curb and gutter street system, development shall not exceed
thirty-six percent (36%) built -upon area on a project by project basis. For the
purpose of calculating built -upon area, total project area shall include acreage in
the tract on which the project is to be developed.
(c) In addition to the development allowed under paragraphs (a) and (b) above,
new development and expansions to existing development may occupy up to ten
percent (10%) of the protected area with up to seventy percent �70%) built -upon
area on a project by project basis,'when approved as a special intensity. allocation
(SIA). The Watershed Administrator is authorized to approve SIAs consistent
with the provisions of this ordinance. Projects must, to the maximum extent
practicable, minimize built -upon surface area, direct stormwater away from surface
waters and incorporate Best Management Practices to minimize water quality
impacts. For the purpose of calculating built -upon area, total project area shall
include total acreage in the, tract on which the project is to be developed.
Section 303.. Cluster Development.
Clustering of development is allowed in all Watershed Areas (except WS-I) under the
following conditions:
(A) Minimum lot sizes are not applicable to .single. family cluster development projects;
however, the total number of lots shall not exceed the number of lots! allowed for single family
detached developments in Section 302, Density or built -upon area for the project shall not exceed
that allowed for the critical area or balance of watershed, whichever applies.
(B) A11 built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(C) The remainder of the tract sUl'remai.n in a vegetated or natural state. The title to the
open space area shall be conveyed to an incorporated homeowners association for management;
to a local government for preservation as a park or open space; or to a conservation organization
for preservation in a permanent easement. Where a property association is not incorporated, a
maintenance agreement shall be, filed with the property,"dd.eds.
10

Section 304. Buffer Areas Required.
(A) A minimum thirty (30) foot vegetative buffer for development activities is required
along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute)
scale topographic maps or as determined by local government studies. Desirable artificial
streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures,
other structures such as flag poles, signs and security lights which result in only diminutive
increases in impervious area and public projects such as road crossings and greenways where no
practical alternative exists. These activities should minimize built -upon surface area, direct runoff
away from the surface waters and maximize the utilization of stormwater Best Management
Practices.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed. Map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley,
railroad or highway lines or centerlines thereof, such lines shall be construed to be said
boundaries:
(B) Where area boundaries are indicated as approximately following lot lines, such lot
lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered
land surveyor may be submitted to the County as evidence that one or more properties along
these boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than twenty-five
(25) feet from any parallel lot line, the location of watershed area boundaries shall be determined
by use of the scale appearing on the watershed_rpap.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet
or less from any parallel lot line, the location of watershed area boundaries shall be construed to
be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the
Watershed Map as to location of such boundaries. This decision may be appealed to the
Watershed Review Board.
Section 306. Application of Regulations.
(A) No building or land shall hereafter be used and° nc� development shall take place
except in conformity with the regulations herein specified for the watershed area in which it is
located.
11

(B) No area required for the purpose of complying with the provisions of this ordinance
shall be included in the area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a watershed
area, such use or class of use is prohibited.
Section 307. Existing Development.
Existing development as defined in this ordinance, may be continued and maintained
subject to the provisions provided herein. Expansions to structures classified as existing
development must meet the requirements -of this ordinance, however, the built -upon area of the
existing development is not required to be included in the built -upon area calculations.
(A) Uses of Land. This category consists of uses existing at the time of adoption of this
ordinance where such use of the land is not permitted to be established hereafter in the watershed
area in which'it is located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not
thereafter revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be
reestablished.
(B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon
area not in conformance with the restrictions of this ordinance that has been damaged or removed
may be repaired and/or reconstructed, except that there are no, restrictions on single family
residential development, provided-
(1) Repair or reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage.
(2) The total amount of space devoted to .built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
Section 308. Watershed Protection Permit.
(A) Except where a single family residence is constructed on a lot deeded prior to the
effective date of this ordinance, no building or built -upon area shall be erected, moved, enlarged
or structurally altered, nor shall any building permit be issued nor shall any change in the use of
any building or land be made until a Watershed Protection Permit has been issued by the
Watershed Administrator. No Watershed Protection Permit, shall be issued except in conformity
with the provisions of this ordinance.
17

(B) Watershed Protection Permit applications shall be filed with the Watershed
Administrator. The application shall include a completed application form (see Appendix A) and
supporting documentation deemed necessary by the Watershed Administrator.
(C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may
consult with qualified personnel for assistance to determine if the application meets the
requirements of this ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or Watershed
Occupancy Permit for such use is not. obtained by the applicant within twelve (12) months from
the date of issuance.
Section 309. Building Permit Required.
No permit required under the North Carolina State Building Code shall be issued for any
activity for which a Watershed Protection Permit is required until that permit has been issued.
Section 310. Watershed Protection Occupancy Permit.
(A) The Watershed .Adnunistrator shall issue a Watershed Protection Occupancy. Permit
certifying that all requirements of this ordinance have been met prior to the occupancy or use of a
building hereafter erected, altered or moved and/or prior to the change of use of any building or
land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building,
shall be applied for coincident with the application for a Watershed Protection Permit and shall be
issued or denied within ten (10) days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed
Admirustrator shall issue a Watershed Protection Occupancy Permit certifying that all
reauirements of this ordinance have been met: coincident with the Watershed Protection Permit.-
(D) If the Watershed Protection Occupancy Permit is denied, the Watershed
Administrator shall notify the applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may
be occupied until the Watershed Administrator has approved and issued a Watershed Protection
Occupancy Permit.
13

ARTICLE 400: PUBLIC HEALTH REGULATIONS
Section 401. Public Health, in General.
No activity, situation, structure or land use shall be allowed within the watershed which
poses a threat to water quality and the public health, safety and welfare. Such conditions may
arise from inadequate on -site sewage systems which utilize ground absorption; inadequate
sedimentation and erosion. control measures; the improper storage or disposal of junk, trash or
other refuse. within a buffer area; the improper management of stormwater rLnoff,or any other
situation found to pose a threat to.water quality.
Section 402. Abatement.
(A) The Watershed Administrator shall monitor land use activities within the watershed
areas to identify situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review -
Board. The Watershed Administrator may consult -with any public agency or official and request
recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public
health, safety and welfare, the Board shall institute any appropriate action or proceeding to
restrain; correct or abate the condition and/or violation.
ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section.501. Watershed.Administrator and Duties thereof.
The County shall appoint a Watershed Administrator, who shall be duly sworn in. It shall
be the duty of the Watershed Administrator.:to administer and enforce the provisions of this.
ordinance as follows:
(AY The. Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits. as prescri 'ed- herein. •A record of all permits shall be
kept on file and shall be available for public inspection during regular office hours of the
Administrator.
(B) The Watershed Administrator shall serve as clerk to the Watershed Review Board.
(C) . The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall provide.copies of all amendments upon
adoption to the Water Quality Section of the Division of Environmental Manacement.
(D) The Watershed Administrator shall keep records of the jurisdiction's use of the
provision that a maximum of ten percent (10%) of the non -critical area of WS-II watershed and,
1 A

for local governments that do not choose to incorporate the high density option, ten percent
(10%) of the protected area of WS-IV watersheds may be developed with new development at a
maximum of seventy percent (70%) built -upon surface area. Records for each watershed shall
include the total acres of non -critical -watershed area, total acres eligible to be developed under
this option, total acres approved for this development option, and individual records for each
project with the following information: location, number of developed acres, type of land use, and
stormwater management plan (if applicable).
(E) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power
of the County, The Watershed Administrator, or his duly authorized representative,' may enter
any building, structure, or premises, as provided by law, to perform any duty imposed upon him
by this Ordinance.
(F) The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed Protection Ordinance. Ms record shall be submitted for each calendar year to
the, Water Quality Section, of the Division of Environmental Management on or before January
1st ofthe following year and shall provide a description of each project receiving a variance and
the reasons for granting the variance.
Section 502. Appeal from the Watershed Administrator.
Any order, requirement, decision or determination made by the Watershed Administrator
may be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the
Watershed Review Board within thirty (30) days from the date the order, interpretation, decision
or determination is made. All appeals must be made in Writing stating the reasons :for appeal.
Following submission of an appeal; the Watershed. Administrator shall transmit to the Board all
papers constituting the record upon which the. action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer
from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with
him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent
peril to life or property. In such case, proceedings shall not'be stayed otherwise than by a
restraining order which may be granted by the Board or by a court of record on application of
notice of the officer from whom the appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal and give notice -thereof to the
parties and shall decide the same within a reasonable time. At the hearing, any party may appear
in person, by agent or by attorney.

Section 503. Changes and Amendments to the Watershed Protection Ordinance.
(A) The McDowell County Board of Commissioners may, on its own motion or on
petition, after public notice and hearing, amend, supplement, change or modify the watershed
regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed
Review Board for review and recommendations. If no recommendation has been received from
the Watershed Review Board within forty-five (45) days after submission of the proposal to the
Chairman of the Watershed Review Board, the McDowell County Board of Commissioners may
proceed as though a favorable report had been received.
(C) Under no circumstances shall the McDowell County Board of Commissioners adopt
such amendments, supplements or changes that*would cause this ordinance to violate the
watershed protection rules. as adopted by the N.C. Environmental Management_Commission. All
amendments must be filed with the N.C. Division of Environmental Management, N.C. Division
of Environmental Health,. and the N.C. 'Division of Community Assistance.
Section 504. Public Notice and Hearing Required.
Before adopting or amending this ordinance, the McDowell County Board of
Commissioners shall hold a public hearing on the proposed changes. A notice of the public
hearing shall be given once a week for two successive calendar weeks in a newspaper having
general circulation in the area. The notice shall be published for the first time not less than ten
(10) nor more than twenty-five (25). days before the date set for the hearing.
Section.505. Establishment of Watershed Review Board.
(A) There shall be and hereby is created the Watershed Review Board consisting of
eleven,.(11) members appointed by the McDowell County Board of Commissioners. Five (5)
residents of McDowell County shall be appointed for three year terms. Three (3) residents of
McDowell County shall be appointed for two (2) year terms. Three residents of McDowell
County shall be appointed for one (1) year terms. Thereafter, all new terms shall be for three (3)
years, and members may be reappointed.
(B) Two (2) alternate members shall be appointed to serve on the Watershed Review
Board in the absence of any regular member and shall be appointed for three (3) year terms.
While attending in the capacity of a regular,, in ember, the alternate shall have and exercise all the
powers and duties of the absent regular member.
(C) The Watershed Review Board shall be citediand referred to as the McDowell County
Planning Board. xa

Section 506, Rules of Conduct for Members.
Members of the Board may be removed by the McDowell Board of Commissioners for
cause, including violation of the rules stated below:
(A) Faithful attendance at meetings of the Board and conscientious performance of the
duties required of members of the Board shall be considered a prerequisite to continuing
membership on the Board.
(B) No Board member shall take part in the hearing, consideration, or determination of
any case in which he is personally or financially interested.. A Board- member shall have a
"financial interest" in a case when a decision in the case. will: 1) cause him or his spouse to
experience a direct financial benefit or loss, or 2) will cause a business in which he or his spouse
owns a 10 per cent or greater interest, or is involved in a decision -making role, to experience a
direct financial benefit or loss...A Board member shall have a "personal interest" in a case when it
involves a member of his immediate family (i.e., parent, spouse, or child).
(C) No Board member shall discuss any case.with any parties thereto prior to the public
hearing on that case; provided, however, that members may receive and/or seek information
pertaining to the case from the Watershed Administrator or any other member of the Board, its
secretary or clerk prior to the hearing.
(D) Members of the Board shall not express individual opinions. on the proper judgement
of any case prior to its determination on that case.
(E) Members of the Board shall give notice to the chairman at'least forty-eight (48) hours
prior to the hearing of any potential conflict of interest which he has in a particular case before the
Board. _
(F) No Board member shall vote on any .matter, that decides an application or appeal
unless he had attended- the public hearing-dn•that application or appeal.
Section 507. Powers and Duties of the Watershed Review Board.
(A) Administrative Review. The Watershed Review Board shall hear and decide appeals
from any decision or determination made by the Watershed Administrator in the enforcement of
this ordinance.
(B) Variances. The Watershed Review': -Board shall have the power to authorize, in
specific cases, minor variances from the terms of this Ordinance as will not be contrary to the
public interests where, owing to special conditions, a1iteral enforcement of this. Ordinance will
result in practical difficulties or unnecessary hardship, so thilt the spirit of this Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. In addition, the County
shall notify and allow a reasonable comment period for all other local governments having
jurisdiction in the designated watershed where the variance is being considered.
17

(1) Applications for a variance shall be made on the proper form
obtainable from the Watershed Administrator and shall include the following
information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40) feet,
indicating the property lines of the parcel upon which the use is proposed; any
existing. or proposed structures; parking areas and other built -upon areas; surface
water drainage.- The site plan shall beoneatly drawn and indicate north point, name
and address of person who prepared•• the plan, date of the original drawing, and an
accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together
with any.other pertinent information which the applicant feels would be helpful to
the Watershed Review Board in considering the application.
(c) . The Watershed Administrator shall notify. in writing each local
government having jurisdiction in the watershed and the entity using the water
supply for consumption. Stich notice shall include a description-ofthevariance
being requested. Local governments receiving notice of the variance request may
submit comments to the Watershed Administrator prior to a decision by the
Watershed Review Board. Such comments shall become a part of the record of
proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall
make the following three findings, which shalt be recorded in the permanent record
of the case, and shall include the factual reasons on which they are based:
(a) There are practical difficult'
es or unnecessary hardships in the way of
carrying out•the'strict• letter of the Ordinance. In order to determine that there are
practical difficulties or unnecessary hardships, the Board must find that the five
following conditions exist:
(1) If he complies with the provisions of the Ordinance, the applicant can
secure no reasonable return from, nor make reasonable use of, his property.
Merely proving that the variance would permit a greater profit to be made
frorn the property'Will not be considered adequate to justify the Board in
granting an variance: 1v):oreover, the Board shall consider whether the .
variance is the minimum,possible deviation from the terms of the Ordinance
that will make possible the.re'asonable use of his property.
(d) The hardship results from tiie application of the Ordinance to the
property rather than from other factors such as deed restrictions or other
hardship.
1 0

(3) The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, which is different from that of
neighboring property.
(4) The hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates the Ordinance, or who purchases the
property after the effective date of the Ordinance, and then comes to the
Board for relief.
(5) The hardship is peculiar to the applicant's property, rather than the .
result of conditions that are widespread. If other properties are equally
subject to the hardship created in the restriction, then granting a variance
would be a special privilege denied to others, and would not promote equal
justice.
(b) The variance is in harmony with the general purpose and- intent of the
Ordinance and preserves its spirit.
(c) In the granting of the variance, the public safety. and welfare have been
assured and substantial justice has been done. The Board shall not grant a variance
if it finds that doing so would in any respect impair the public health, safety, or .
general welfare.
(3) In granting the variance, the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed building, structure, or
use as. it may deem advisable- in furtherance of the purpose of this ordinance. If a variance
for the construction, alteration or use of property is granted, such construction, alteration
or use shall be in accordance with the approved site plan.
(4) The -Watershed Review Board shall refuse to hear an appeal or an application
for a variance previously denied if it finds that there have been no substantial changes in
conditions or:circumstances'bearing on the appeal or- application.
(5) A variance issued in accordance with this Section shall be considered a
Watershed Protection Permit and shall expire if a Building Permit .or Watershed
Occupancy Permit for such use is not obtained by the applicant within six (6) months from
the date of the decision. ,
(6) If the application calls for the granting of a major variance, and if the
Watershed Review Board decides in favor of granting the variance, the Board shall
prepare a preliminary record of the hearing with all deliberate speed. The preliminary
record of the hearing shall include;
19

(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on
them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be
added to the permit.
Thepreliminary record. shall be sent to the Environmental Management Commission for its
review as follows:.:
(a) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that (1)'the property owner can secure no reasonable
return from, nor make any practical use of the property unless the proposed variance is
granted, and (2) the -variance,. if granted, will not:result in- a. serious threat: to -the hater
supply, then the Commission shall. approve the variance•as.proposed or approve the
proposed variance with conditions and stipulations. The Commission shall prepare a
Commission decision and send it to the Watershed Review Board.. If the. Commission
approves the variance as proposed, the Board shall prepare a final decision granting the
proposed variance. If the Commission approves the variance with conditions and
stipulations, the Board shall prepare a final decision, including such conditions and
stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance
qualifies as: a major variance and -that (1) the -property owner can secure a reasonable
return from or make a practical.use: of the property without the variance or. (2) the
variance;.if granted,•will result in a serious threat to the water supply,- then the
Commission shall: deny. approval'of.the variance. as proposed:: The Commission shall-.
prepare. a Commission decision and send it to the Watershed Review Board. The Board
shall prepare a final decision denying the variance as proposed.
(C) Subdivision approval. See Article 200.
(D) Public Health. See Article 400:
(E) Approval of all development greater than. the low density option
Section 503. Appeals from the Watershed Review Board.
Appeals from the Watershed Review Board mulk1e filed with the Superior Court within
30 days from the date of the decision. Decisions by the -St
iperior Court will be in the manner of
certiorari.
1?n

ARTICLE 600: DEFINITIONS
Section 601. General Definitions.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
;. Best Management. Practices; (BMP).•.A•structural or nonstructural management -based practice
used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to
achieve water quality protection goals.
Buffer. An area of natural. or planted vegetation through which stormwater runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration
of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool
elevation of impounded structures and from the bank of each side of streams or rivers.
Building. Any structure having a roof supported -by. columns or -by walls, -and. intended for
shelter, housing or enclosure of persons, animals. or property. :The connection: of two buildings by
means of an open porch; breezeway, passageway, carport or other such open structure, with or
without a roof, shall -not be deemed to make them one building.
Built -upon area. Built -upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel areas
(e.g., roads, parking lots, paths), recreation facilities (e.g., tennis courts), etc. (Note: Wooden
slatted decks and the water area of a swimming pool are considered pervious.)
Cluster Development: Cluster development means the grouping of buildings in order to
conserve land resources.and provide for innovation in the design of the project including
minimizing stormwater runoff impacts.. This.-;term.includes nonresidential development as well as
single-family.residential. and :multi -family developments: For the purpose of this ordinance;
planned unit developments and mixed use development are considered as cluster development.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined
as extending either one-half mile from the normal pool elevation of the reservoir in which the
intake is located or to the ridge Iine of the watershed (whichever comes first); or'one-half mile
upstream from the intake located directly in the 'stream or river (run -of -the -river), or the ridge line
of the watershed (whichever comes first). Locaf -governments may extend the critical area as
needed. Major- landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of one-half mile.
Customary Home Occupation's. Any use conducted entirely,vithin a dwelling and carried on by
the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
21

residential purposes and does not change the character thereof. Provided further that no
mechanical equipment is installed or used_except as is normally used for domestic or professional
purposes, and that not over twenty-five percent (25%) of the total floor space of any structure is
used for the occupation. No home occupation shall be conducted in any accessory building
except for the storage and service of a vehicle that. is driven off site, such as a service repair truck,
delivery truck, etc.
Development. Any land. disturbing activity which adds -to or changes the amount of impervious
or partial!y impervious covet. on a_ land -area or which otherwise decreases the infiltration of
precipitation into the. soil.
Dwelling Unit.. A building, or portion, thereof, providing complete and permanent living facilities
for one family.
Existing Development. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective .date of this
ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General Statutes.
(G.S. 153A-344.1 and G.S. 160A-385.1), or
(3) having an approved site specific or phased development plan as authorized by the
General Statutes (G,S.A53A-344.1 and G.S. 160A-385.1).
Existing Lot (Lot,of Record). A lot which is partof a.subdivision, a plat of which has been
recorded in the Office of -the Register of Deeds- prior to the adoption of this ordinance, or a lot
described by -metes& -and bounds, -the descri'tion of which has been so recorded_ prior to the
adoption of this ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all members
are related by blood or marriage or adoption, no such family shall contain over five persons, but
further provided that domestic servants employed or living on the premises may be housed on the
premises without being counted as a family or families.
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the
resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as
a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor
from the tract to a.ny"one relative; or (b) to divide land fr9m a common ancestor among tenants in
common, all of who m,inherited by intestacy or by will;'.k. 1.
Industrial Development. Amy non-residential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the
22

purpose of manufacturing, assembling, finishing, cleaning or developing any product or
commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this
term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces belonging to
the same.
Major Variance. A variance from the minimum statewide watershed protection rules that results
in any one or more of the following:
(1) The relaxation, by a factor greater than ten (10) percent, of any management
requirement under the low density option;
(2) the relaxation, by a factor greater than five (5) percent, of any buffer, density or built -
upon area requirement under the high density option;
(3) any variation in the design, maintenance or operation requirements of a wet detention
pond or other approved stormwater management system.
Minor Variance. A variance from the minimum statewide watershed protection rules that results
in a relaxation, by a factor of up to five (5) percent of any buffer, density or built -upon area
requirement under the high density option or that -results in a relaxation, by a factor of up to ten
(10) percent, of any management requirement under the low density option..
Nonconforming' Lot of Record.- A lot described-by.a plat or a deed that was recorded -prior to
the effective date of local watershed protection, regulmions (or their amendments) that does not
meet the minimum lot size or other development requirements of the statewide watershed
protection rules.
Non-residential Development. All development other than residential development, agriculture
and silviculture.
Flat. A map or plan of a parcel of land which is to be, .or has been subdivided.
Protected At-ca. The area adjoining and upstream of the critical area of WS-IV watersheds. The
boundaries of the protected area are defined as within: five miles of and draining to the normal
pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream
and draining to the intake located directly in the stream or�ri'er or to.:the ridgeline of the
watershed.
23

Residential Development. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.
Residuals. Any solid or semi -solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility permitted under the authority of the Environmental
Management Commission.
Single Family Residential. Any development where: 1) no building contains more that one
dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than
one dwelling unit.
Street -(Road). A right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
.Structure: Anything .constructed. or erected, -including -.but not limited to buildings, -which
requires location on the land or attachment to something having permanent location on the land.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be
a subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose of sale or building development (whether immediate or future) and
shall include all division of land involving the dedication of a new street or a change in existing
streets; but the following shall not be included within this definition nor be subject to the
regulations authorized by this ordinance:•
(1) The combinationn.or recombination. of portions of previously subdivided and
recorded lots where- the total -number of lots is not increased and the resultant lots
are equal to or exceed the -standards of this ordinance;
(2) The division of land into parcels greater than 10 acres where no street right -of -.way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of
streets;
(4) The division of a tract in singj.e ownership whose entire area is no greater than two
acres into not more than three lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the
this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
F

Toxic Substance. Any substance or combination of substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has
the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological. malfunctions (including malfunctions or suppression in reproduction or growth) or
physical deformities in such organisms or their off spring or other adverse health effects.
Variance. A pernvssion. to develop or use property granted by the Watershed Review Board
relaxing or waiving a. water supply watershed management requirement adopted by the
Environmental:Management..Commission that is. incorporated: into- this ordinance.
Water Dependent Structure. Any structure for which the use requires access to or proximity to
or citing within surface waters to fulfill its basic.purpose; such as boat ramps, boat houses, docks
and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat. storage areas are: not water dependent structures.'
Watershed. The entire land area contributing surface drainage to 'a specific point (e.g., the water
supply intake.)
Watershed Administrator. An official or designated person of McDowell County responsible
for administration and enforcement of this ordinance.
Section 602. Word Interpretation.
For the purpose of this ordinance, certain. words shall be interpreted as follows:
Words in the present. tense.include the future. tense.
Words used in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as
an individual.
The word "stricture" shall include the word "building."
The word "lot" shall include the words, ."plot," "parcel," or "tract."
The word "shall" is always mandatory and not merelyi.directory.
-.t r'
1.
The word "will" is always mandatory and not merely directory.
25

North Carolina Rural
Communities Assistance
Project, Inc.
Mission
Provide assistance to low-income rural
communities on public health and
environmental quality issues pertaining
to water, wastewater, and
affordable housing needs.
Monitor and contribute to state and
local policies regarding public health
and environmental issues.
Support activities and initiatives that
improve and sustain equitable
economic and social systems in an
environmentally sound manner in rural
North Carolina.
Educate North Carolina residents and
organizations about water, wastewater,
solid waste and related public health
and environmental issues.
cell' 5
SMART
About Water
A Public Drinking
Water Protection
Workshop in Western
North Carolina
February 11, 2009
at the
Southwestern Commission
Sylva, NC

SMART About Water
Funded by a grant from the U.S.
Environmental Protection Agency,
SMART About Water is being
orchestrated by The National
Environmental Services Center with
the Rural Community Assistance
Partnership. The program is called
SMART About Water, for Strategic
Management and Available
Resources and Technology. It
provides training and technical
assistance about source water and
wellhead protection planning to
small and rural communities.
Workshop Contributors
Include
Little Tennessee Watershed Association
National Environmental Services Center
NC State Cooperative Extension
NC Public Water Supply Section
NC Rural Communities Assistance Project
NC WaDE Program
SE Rural Community Assistance Project
Southwestern Commission
US Environmental Protection Agency
Workshop Topics: Who Should Attend:
Elected Officials, Planners,
• Source Water Watershed Management, Managers, Water Treatment
Planning, and Development Plant Operators, Landowners,
Watershed Groups,
• Threats to Drinking Water Supplies
Homeowners Associations,
• Source Water Assessments Developers, Citizens
• Agriculture Best Management Concerned about their Water
Quality, Everyone!
Practices
• Low Impact Development
• Well Head Protection
• How to start a Source Water Protection
Team
Registration Information
There is no charge for this
workshop!
Lunch is on your own
Wednesday
February 11, 2009
9:OOam - 5:OOpm
at the
Southwestern Commission
125 Bonnie Lane
Sylva, NC 28779
To register or for more
information contact
Rich Holder
828-236-0500
[e-mail]

W AT �RQG
Water Supply Watershed Protection
Local Program Compliance Checklist
1: Local Government (Municipality/County):
2. Inspection Date:
3. DWQ Inspector(s):
4. Local Government Watershed Administrator (name, title): JkkA,.o IJ
5. Local Government Contact Info (phone, email, address):
J duf `'J 7
'�pos7 p CA�(
6. Applicability of Water. Supply Watershed Protection (WSW] Rules
How many WSWs are in,your jurisdiction?
1ch of the following WSW classifications do you have in your jurisdiction?
WS-I ❑ WS-III-CA
W r tot
Q' WS-II-CA ❑ WS-III-BW
9 WS-II-BW Cif' WS-IV-CA
f WS-IV-PA
Do you have a map that shows the boundaries for each WSW within
your jurisdiction?
When was the map last revised?
What was the nature of the map revision?
Is the map available on your. website?
Do administer the WSWP in ETJ
you program your (if applicable)?
�1-lio CptX17t
fAAiU®N C4ti�c7 oN
.7. Applicability of other Stormwater and Riparian Buffer Programs
Are ere areas in your jurisdiction that'are subject to any of the following programs?
N
State Stormwater Rules (HQW, ORW)
❑ Jordan Nutrient Strategy (stormwater/buffer);
❑ Neuse NSW Strategy (stormwater/buffer);
❑ Catawba Riparian Buffer Rule;
?'UDC
❑ Randleman Lake Riparian Buffer Rule;
�lZ0 ��' Q.�f 5LL
("J��
❑ Tar -Pamlico NSW Strategy (stormwater/buffer);
off
❑ Goose Creek WQ Management Plan;
C So .Q 7V� ' S�F
�`
❑ Universal Stormwater Management Program;
S°
'
I
❑ NPDES Phase 2 Stormwater Program Ct47 tie)
rrg;-N, C_4 nu�,t4� *�
u— ���
clz--
6�.. t'tice c­
Are these _programs administered locally or by the state?®
�J
Do you have a delegated Sediment and Erosion Control Program?
® nl�

,�gnl 4�
aa-�c 2 -
8. WSWP Ordinance
In which ordinance are the WSWP requirements located (e.g., Watershed, Zoning, UDO, etc.)?
,-� '7/ji_(q6
When did this ordinance first become effective? L* (Gt
When was the ordinance last revised? .eV0
What was the nature of the most recent ordinance revision? OAAA r
Is the ordinance available on your website? k
9. Low -Density Development Option
Does your ordinance allow only low -density development? R
What are the minimum lot size_ and/or density requirements for new development?
What are the impervious (built -upon area) limits for new development? or— LAIS 010-- P CAk_
(Answer may be `not applicable' if rely on density/lot size) 1415,Vr "711-
Co you require the use of traditional curb & gutter street systems in new development? eR-
Are there any particular types of Best Management Practices (BMP's) that you encourage for the ;;;o
protection of water quality (e.g., curb outlet systems .instead of curb & gutter systems)?
k4lr0 'JW;Fr U M o.Q_ C40 / 41kYT CZ
To what extent do you require plans to incorporate the use of vegetated .swales? ( h�
to
10. High -Density Development Option
Does your ordinance allow high -density_ development (i.e., development that requires
installation of engineered stormwater controls)?
What are the impervious limits for new development? �° 6"J-ifZ °tj 9-011.1p
Who reviews site plans for high -density projects? "i,�A �q t�
Do site plans show how stormwater is captured and managed? VAcso�,
Do you utilize the NC Stormwater.BMP Manual? Is it referenced in your ordinance?""
How do you ensure that stormwater control devices are being maintained?
How often are stormwater control devices inspected?
How do you track locations and maintenance of stormwater control devices?
11.10/70 Provision
Does your ordinance have a 10/70 provision (aka SNIA or SIA)?
How'did you determine the starting acreage available for the 10/70 option? 5 ��
How much of your 10/70 allocation has been used? No 0
How do you track the total acreage used for 10/70 projects? (0ss sq�&r of -�4L5
Do you issue a Special Intensity Allocation permit for 10/70 projects?
Do you require additional stormwater control measures for 10/70 projects?
ems•-�
12. Permitting
Do you issue WSWP permits?

C
Do you issue a zoning compliance permit instead of a WSWP permit?
Does the zoning compliance permit make reference to the WSWP areas?
How many permits do you issue on an annual basis (on average)?
Where are the permit copies filed?
13. WSWP Vegetated Buffers (�ccce l,cnfG
What are the minimum buffers required for low -density development?
What are the minimum buffers required for high -density development?
Are there any special buffer provisions in your ordinance such as for intermittent streams? L&_fv-J _
What map do you use to identify streams that must be buffered?�
Does your ordinance allow trees to be cut in the vegetated buffer areas? 61 IN WP.; &1sgC
Are buffers recorded on deeds? P8
Do you monitor buffers for ongoing compliance?Co LL
J
ey
14. Variances and Review Board
Do you have a WSWP Review Board, or does the Board of Adjustment actin that capacity?
In what part of your ordinance are the variance procedures described? (-( 65- o&,)(„tA-dc0 �Sy
Have you approved any minor variances? f4q4tot-4a go$,-J&(Z
How are major variances handled?
u4*(L* (0(o --7 (L t es (F74V,0 WA-1 Tb Ft )'-' 1 SSc�Cv)
15. Violations
Have you ever issued a stop work order for issues related. to WSWP compliance? ��D nwT°" � CrF*J­
ave you ever issued a Notice of Violation letter? J( ec i1 -t% �
How do you notify a landowner or developer when corrective action is needed? �.,r►�c4
What types of violations, if any, are most common? p&->aAe'L-,q 3ttsr 457
5i�14 j oL)7 ii4 ib 6?�ZF-P o" 7
16. Interlocal Agreements ll
Do you administer the WSWP Program on behalf of any other municipal government?
How do you coordinate the development approval process?
How are 10/70 allocations handled, if applicable?
Who checks for impervious or buffer compliance?
Who is resprnsible for maintenance of stormwater BMPs?
17. Documents and Records
The following documents and records were made available for our review:
❑ Watershed Protection Ordinance (or sections of zoning ordinance, stormwater ordinance,
or UDO, as appropriate)
❑ Watershed Map that shows local government boundaries, watershed boundaries (or
appropriate Zoning Map)

0
a
Interlocal agreements between local governments or contracts with private companies to
administer a WSWP program
List of all 10/70 (SIA) projects approved and total 10/70 acreage remaining per
watershed (if applicable)
Copy of Special Intensity Permit (if applicable)
List of all variances approved or denied C Nt-9D -1-o —SkA,-k1 7 74( S ""A-Luy -Tb
Copy of stormwater BMP inspection/report form (if applicable) f w5er ��-b-
Copy of Watershed Protection Permit (or equivalent -- e.g., Zoning Compliance Permit)
Copy of subdivision approval checklist (if applicable)
Copy of Notice of Violation letter (if applicable)
List and/or map of all structural stormwater BMPs
Maintenance schedule for structural BMPs
BMP Manual (if different from NC Stormwater BMP Manual)
S' Pl f ld '
-el
bl 1te ans o
1e inspections (see eow), mldi cung map showing slte locations �ta�
c.c�`�'`6G has -�0 ?� ��ri✓ �( � �� �
�.Site-Visits4QO ""`� —� (- (2-1� �T N R— VJS c K' �Artc� ['M PST war sr 1
1
DWQ would like to inspect at least three development sites within WSW areas. These can be abzp.60
under construction or already built. Please select sites that help demonstrate compliance with Aaz,
your local WSWP program. To assist with these site inspections, we ask that you have the site
plans on hand for our review. "tl,-- t
Names of sites and development types (residential, commercial, etc):
a)
b)
c)
Which of the following should we expect to find at these sites?
❑ Engineered stormwater control device
❑ Vegetated swale
❑ Vegetated buffer
❑ Curb outlet system
❑ Curb and gutter system
❑ High -density development
❑ Stream crossing (road, utility)
❑ Level spreader
❑ Other
19.Other
Do you have any questions or suggestions for DWQ?
WSWP Program Compliance Checklist 4_2010

Water Supply Water Shed Meeting
Subject: Water Supply Water Shed Meeting
From: Roger Edwards <Roger. Edwards@ncmail. net>
Date: Tue, 20 Jan 2009 16:13:19 -0500
To: Roy Davis <[e-mail]>, Landon Davidson <[e-mail]>, Ed
Williams <[e-mail]>, Ray McCall <[e-mail]>, Jim Adams
<Jim. Adams@ncmail. net>, Chuck Cranford <[e-mail]>,
[e-mail], [e-mail], Don Price <[e-mail]>
CC: Julie Ventaloro <[e-mail]>
I would like to have a discussion on the water shed programs in the ARO. We have
been working in water sheds issues to have streams removed from 303 (d) list for
some time and are making good progress. We need to do more implementation of the
water supply water shed programs rules in the region to assist the local
governments with this delegated program. Some are doing well and will only need a
review of their programs other are doing little to nothing and will require
considerable guidance. Realistically, we can handle 4 programs per work plan year,
so we need to review where we are working now, problematic areas, and where we can
make the greatest improvements the fastest. All this said, can me meeting
Wednesday, February 11, 2009 at 9:00 AM in the large conference room to discussion
a plan of action? Please let me know.
Thanks,
R. Edwards
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roger Edwards <Roger.Edwards(-,ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 1/21/2009 7:53 AM

Counties
with WS Watersheds'—
Asheville Region
County
Contact `
' Phone
WS
Avery
Tommy Burleson
828-733-8204
WS-IV-PA
Buncombe
828-250-4830
WS-I,WS-II-CA,WS-II-BW
Burke
828-439-4362
WS-I,WS-III-CA,WS-III-BW,WS-
IV-CAWS-IV-PA
Caldwell
828-757-6855
WS-IV-CA,WS-IV-PA
Cherokee
Siras Allen
828-837-6730
WS-I,WS-II-CA,WS-II-BW,WS-III-
CA,WS-III-BW,WS-IV-CA,WS-IV-
PA
Clay
Chad Plemmons
828-389-8326
WS-IV-PA
Graham
Jeff Cabe
828-479-7961
WS-I,WS-III-CA,WS-III-PA,WS-
IV-CA,WS-IV-PA
Haywood
Chris Boyd
828-452-6632
WS-I,WS-III-CA,WS-III-BW
Henderson
Natalie Berry
828-694-6626
WS-II-CA,WS-II-BW,WS-III-
CAWS-IV-PA
Jackson
Tamera Crisp
828-586-7575
WS-I,WS-II-CA,WS-II-BW,WS-III-
CA, WS-III-B W
Macon
828-349-2024
WS-II-CA,WS-II-BW,WS-III-
B W, W S-IV-CA, W S-IV-PA
Madison
Ryan Cody
828-649-3766
WS-I,WS-II-CA,WS-II-BW
McDowell
Ronald Harmon
828-652-7121
WS-I,WS-II-CA,WS-II-BW,WS-IV-
PA
Mitchell
Keynan Phillips
828-688-2139
WS-I,WS-IV-PA
Polk
Cathy Ruth
828-894-2732
WS-II-CA,WS-II-BW,WS-III-
CA, W S-III-B W, W S -IV -PA
Rutherford
Danny Searcy
828-287-6035
WS-IV-CA,WS-IV-PA
Swain
Kevin Seagle
828-488-9134
WS-I,WS-II-CA,WS-II-BW,WS-IV-
CA,WS-IV-PA
Transylvania
828-884-3205
WS-I,WS-II-CA,WS-II-BW,WS-III-
BW
Yancey
828-682-6186
WS-I,WS-II-CA,WS-II-BW
19 counties in Asheville region that administer their own WS protection program.
12/3/2007

THE MODEL
WATERSHED PROTECTION ORDINANCE
NOTE: Citations shown in [ ] indicate references for counties followed by those for towns.
[county] [town]
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter [153A] [160A], Article [6] [8], Section
[121][174], General Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or directed local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. The Governing Board of
[county][town] does hereby ordain and enact into law the following articles as the Watershed Protection
1
Ordinance of [county][town].
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water
Supply Watershed by the N.C. Environmental Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of [county][town], North Carolina" ("the
Watershed Map"), which is adopted simultaneously herewith. The Watershed Map and all explanatory
matter contained thereon accompanies and is hereby made a part of this Ordinance. This Ordinance shall
2
be permanently kept on file in the office of the [county] [town] Clerk.
1
House Bill 124, enacted in 1991, provides that watershed regulations may be adopted by a local government
pursuant to its "general police power," to its power to adopt a land subdivision ordinance, to its zoning power, or to
some combination of these powers. The model ordinance, since it has been established as a free-standing ordinance,
cites the general police power statutes as its authority along with the watershed statutes. Local governments must
choose which authority they wish to use and should not cite all legislative authorities because each authority has its
own corresponding jurisdictional implications. For example, a municipal ordinance adopted under 160A-174 cannot
be enforced in the extraterritorial jurisdiction [ETJ], but if adopted under zoning (160A-381) or subdivision (160A-
371) authority it may be enforced in the ETJ. Local governments should decide whether or not they intend to adopt a
free-standing ordinance, or as an alternative, separate (or amendments to) zoning and subdivision ordinances.
Whichever method is chosen, the appropriate authorities should be cited in this section and elsewhere in the
ordinance whenever needed.
There is the potential for an area located in a municipality's ETJ to be inadvertently omitted from coverage if the
municipality that exercised ETJ establishes its program using its police power, and the county establishes its
program under its zoning ordinance. Coordination between the jurisdictions is very important. A county may
enforce the watershed protection regulations for a municipality within that county if a resolution is passed by both
the county and municipal governing boards.
2
Statutory authority for this section is derived from N.C. General Statutes Chapter [153A][160A], Article [6][8],
Section [121][1741, Section [140][193] and Chapter 143-214.5. Alternate statutory authority for this section may be
derived from N.C. General Statutes 153A-320, and 160A-360 for those cities and counties interested in adopting the

Section 103. Exceptions to Applicability.
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which these
regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any
provisions of the Code of Ordinances of [county][town]; however, the adoption of this Ordinance shall
and does amend any and all ordinances, resolutions, and regulations in effect in the [county] [town] at the
time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of this
Ordinance or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose greater restrictions
or higher standards for the use of a building or land, then the provisions of these regulations shall control.
(C) Existing development, as defined in this ordinance, is not subject to the requirements of this
ordinance. Expansions to structures classified as existing development must meet the requirements of
this ordinance, however, the built -upon area of the existing development is not required to be included in
the density calculations.
(D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party,
then that lot of record shall not be subject to the development restrictions of this ordinance if it is
developed for single-family residential purposes. Any lot or parcel created as part of a family subdivision
after the effective date of these rules shall be exempt from these rules if it is developed for one single-
family detached residence and if it is exempt'from local subdivision regulation. Any lot or parcel created
as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject
to the land use requirements (including impervious surface requirements) of these rules, except that such
3
a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.
Section 104. Repeal of Existing Watershed Ordinance. (Optional)
This ordinance in part carries forward by re-enactment, some of the Watershed Ordinance of the
[county][town], North Carolina (adopted by the [Board of Commissioners][Town Board] on [date] as
amended), and it is not the intention to repeal but rather to re-enact and continue in force such existing
provisions so that all rights and liabilities that have accrued thereunder are preserved and may be
enforced. All provisions of the Watershed Ordinance which are not re-enacted herein are hereby
watershed legislation as part of separate zoning and subdivision ordinances.
For counties, this ordinance will apply to watershed areas outside of the municipal limits of any town unless the
town requests (and the county agrees) that the ordinance be enforced within all or part of the town's jurisdiction.
Towns may enforce the ordinance within their corporate limits. If adopted under zoning and/or subdivision
authority, the town may enforce in ETJ.
3
This section states the watershed protection ordinance will not affect existing ordinances or agreements between
parties unless those ordinances or agreements are less restrictive than the watershed protection ordinance. In those
situations the watershed protection ordinance will take precedence.
If a nonconforming lot is contiguous to another nonconforming lot or lots, the local government may require the lots
to be combined in order to make a conforming lot or one that is more conforming than each lot individually. If a
local government does not enforce subdivision regulations, then that local government may or may not allow the
exemption for family subdivisions.
2

repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any
ordinance provisions heretofore in effect, which are now pending in any court of this state or of the
United States, shall not be abated or abandoned by reason of the adoption of this ordinance, but shall be
prosecuted to their finality the same as if this ordinance had not been adopted; and any and all violations
of the existing Watershed Protection Ordinance, prosecutions for which have not yet been instituted, may
be hereafter filed and prosecuted; and nothing in this ordinance shall be so construed as to abandon,
abate or dismiss any litigation or prosecution now pending and/or which may heretofore have been
instituted or prosecuted.
Section 105. Criminal Penalties.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and,
upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense
shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense.
Section 106. Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of this
Ordinance, the [county][town] Governing Board may, in addition to all other remedies available either in
law or in equity, institute a civil penalty in the amount of $ , action or proceedings to restrain,
correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any
illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental
Management Commission may assess civil penalties in accordance with G.S.143-215.6(a). Each day that
the violation continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this ordinance are being
violated, he shall notify in writing the person responsible for such violation, indicating the nature of the
violation, and ordering the action necessary to correct it. He shall order discontinuance of the illegal use
of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done; or shall take any action
authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. If a
ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such
ruling to the Watershed Review Board.
Section 107. Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or
any part thereof that is not specifically declared to be invalid or unconstitutional.
Section 108. Effective Date.
4
This Ordinance shall take effect and be in force on (month, day and year).
4
The latest date on which an ordinance shall become effective is as follows:
• by July 1,1993: Affected municipalities with a population of 5,000 or greater
• by October 1, 1993: Affected municipalities with a population less than 5,000
• by January 1, 1994: Affected counties.
3

ARTICLE 200: N9 � ° ., I l T 1 rGU1L: G�T1 NES.
Note: Provisions in this Article are derived in part from statutory authority Chapter [153A][160A],
Article [18][19], Part [2][2]
Section 201. General Provisions.
ikewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the
of such plat would be in conflict with this Article.
(B) The approval of a plat does not constitute or effect the acceptance by the [county] [town] or
the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or
other public facility shown on the plat and shall not be construed to do so.
(C) All subdivisions shall conform with the mapping requirements contained in G.S.47-30.
(D) All subdivisions of land within the jurisdiction of [county] [town] after the effective date of
5
this ordinance shall require a plat to be .prepared, approved, and recorded pursuant to this ordinance.
Section 202. Subdivision Application and Review Procedures.
(A) 1,ropo ed s P �b i.i isions s-- �l; c r sewed gar t rcordi� o ith the Register of Deeds by
submitting a vicnn map o e Watershed Administrator o e ermme w ether or not the property is
located within the designated Public Water Supply Watershed.
MaMM-G-Ranct may be recorded
provided the Watershed Administrator ' ' ' a
%e. F under the provisions of State law, or approved local program. u ivisions iM`Me'-
designated watershed area shall comply with the provisions of this Article and all other state and local
requirements that may apply.
. (B) Subdivision applications shall be filed with the Watershed Administrator. The application
shall include a completed application form, two (2) copies of the plat and supporting documentation
deemed necessary by the Watershed Administrator or the Watershed Review Board (see appendix A).
(C) The Watershed Administrator shall review the completed application and shall either
approve, approve conditionally or disapprove each application. The Watershed Administrator shall take
final action within forty-five (45) days of submission of the application. The Watershed Administrator or
the Board may provide public agencies an opportunity to review and make recommendations. However,.
failure of the agencies to•submit their comments and recommendations shall not delay action within the
prescribed time limit. Said public agencies may include, but are not limited to, the following:
(1) .The district highway engineer with regard to proposed streets and highways.
5
Statutory. authority for this section is derived from N.C. General Statutes Chapter [153A][160A], Article [6][8],
Section [121][174], Section [140][1931 and Chapter 143-214.5. Alternate authorities may be derived from General
Statutes 153A-330 and 153A-340, and 160A-371 and 160A-381 for those counties and cities interested in adopting the
watershed legislation as part of separate subdivision and zoning ordinances.

(2) The director of the Health Department with regard to proposed private water system
or sewer systems normally approved by the Health Department.
(3) The state Division of Water Quality with regard to proposed sewer systems normally
approved by the Division, engineered storm water controls or storm water management
in general.
(4) Any other agency or official designated by the Watershed Administrator or
Watershed Review Board.
(D) If the Watershed Administrator approves the application, such approval shall be indicated
on both copies of the plat by the following certificate and signed by the Watershed Administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed Protection Ordinance
and is approved by the Watershed Review Board for recording in the Register of Deeds
office.
Date Watershed Administrator
NOTICE: This property is located within a Public Water Supply Watershed -
development restrictions may apply.
(E) If the Watershed Administrator disapproves or approves conditionally the application, the
reasons for such action shall be stated in writing for the applicant and entered in the minutes. The
subdivider may make changes and submit a revised plan which shall constitute a separate request for the
purpose of review.
(F) All subdivision plats shall comply with the requirements for recording of the County Register
of Deeds.
(G) The plat shall be recorded within thirty (30) days of approval. The Subdivider shall provide
the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within
five (5) working days.
Section 203. Subdivision Standards and Required Improvements.
(A) All lots shall provide adequate building space in accordance with the development
standards contained in Article 300. Lots which are smaller than the minimum required for residential lots
may be developed using built -upon area criteria in accordance with Article 300.
(B) For the purpose of calculating built -upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
(C) toxaa . tatet Druinaeacilities,. Fhe application shall be accompanied by a description
of the proposed M11—MI-6—f providing storm water drainage. % bra i �'r e' h u' pxiri a�,y�cl a rain' a
5

(D) Erosion and Sedimentation Control. The application shall, where required, be
accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to
and approved by the [local agency administering a Sedimentation and Erosion Control Ordinance
approved by the N.C. Division of Land Quality] [N.C. Division of Land Quality].
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads
should be located outside of critical areas and watershed buffer areas. Roads constructed within these
6
areas shall be designed and constructed to minimize their impact on water quality.
Section 204. Construction Procedures.
(A) No construction or installation of improvements shall commence in a proposed
subdivision until a subdivision plat has been approved.
(B) No building or other permits shall be issued for erection of a structure on any lot not of
record at the time of adoption of this Ordinance until all requirements of this Ordinance have been met.
The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the
Watershed Administrator to provide for adequate inspection.
Section 205. Penalties for Transferring Lots in Unapproved Subdivisions.
Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of [county][town], thereafter subdivides his land in violation of this ordinance or transfers or
sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before
the plat has been properly approved under this ordinance and recorded in the office of the register of
deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring land shall not exempt the
transaction from this penalty. The [county] [town] may bring an action for injunction of any illegal
subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an
injunction and order requiring the offending party to comply with this ordinance.
ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas.
7
The purpose of this Article is to list and describe the watershed areas herein adopted.
6
Lots which are smaller than the size required for residential lots may be developed with single family residential
development using built -upon area criteria. See corresponding commentary under Article 300.
7
Statutory authority for this section is derived from N.C. General Statutes Chapter [153A][160A], Article [6][8],
Section [121][174], Section [140][193] and Chapter 143-214.5. Alternate statutory authority for this article may be
derived from N.C. General Statute 153A-340 through 153A-390, and 160A-381 through 160A-394.❑This article
contains development regulations for each of the watershed classifications. Watersheds designated WS-V require no
local government regulatory program. Local governments will only need to include the regulations corresponding
to the classifications assigned to watersheds in their jurisdiction. For WS-II, WS-III and WS-IV watershed areas, the
EMC rules provide for single family residential development to be controlled either by limiting built -upon area or by
limiting density (dwelling units per acre). Those involved in drafting the model ordinance felt that most local units
of government would find it easier to enforce single family residential requirements through density controls rather
than limiting built -upon area. All other residential and non-residential development is controlled by regulating the
amount of built -upon area as required by the EMC rules.
El

For purposes of this ordinance the [county is] [town is] [town and its one mile extraterritorial jurisdiction
are] hereby divided into the following area[s], as appropriate:
WS-I
WS-II-CA
(Critical Area)
WS-II-BW
(Balance of Watershed)
WS-III-CA
(Critical Area)
WS-III-BW
(Balance of Watershed)
WS-IV-CA
(Critical Area)
WS-IV-PA
(Protected Area)
Section 302. Watershed Areas Described.
(A) WS-I Watershed Areas. The intent is to provide maximum protection for water supplies
Under the low density option used in this ordinance, local governments with jurisdiction within a WS-II and/or a
WS-III watershed area as defined on July 1,1993 are allowed to establish a procedure by which ten percent of the
balance of watershed (area outside the critical area) may be developed with new development or expansions to
existing development at up to 70 percent built -upon area without requiring stormwater controls. Local governments
with jurisdiction within the protected area of a WS-IV watershed that do not allow development under the high
density option within that WS-IV protected area, may also establish a procedure by which ten percent of that area
may be developed with new development or expansions to existing development at up to 70 percent built -upon area.
The amount of landallowed to development under this provision in WS-IV watershed areas is based on the size of
the local government's jurisdiction on July 1,1995. How this ten percent will be allocated, over time, among the local
government's jurisdiction will be up to each local government. For example, the local government may choose to
plan growth by identifying one or more areas of its jurisdiction that would be suited for an industrial park. Even
though the rule states that this additional new development may be up to 70 percent built -upon area, other new
development may occur throughout the watershed in conformance with the built -upon area requirements. Another
method by which a local government may choose to use to allocate its share of the 10%-70% provision is on a project -
by -project basis throughout the non -critical area of the watershed. This may occur either on a first -come -first -served
basis or projects may be required to compete for the credits. If projects are required to compete for credits, the
ordinance must specify specific rules and criteria that would apply to all projects competing for the credits.
Regardless of the method of allocation chosen, each local government must keep careful records of the total amount
of land that is eligible for development under the 10%-70% provision and the total number of acres of built -upon
surface already developed. Local governments may establish procedures for trading land area available for
development under the 10%-70% provision between local governments within the same watershed and also may
apply the 10%-70% development potential of public lands within their jurisdiction to private lands within the same
watershed. The rules allow each local government to choose either a low density or high density option for
residential and non-residential development in WS-II, WS-III and WS-IV watershed areas. The text of the model
ordinance only includes the low density option. Appendix C contains a suggested high density option text. Under
the high density option, all new residential development must be controlled by limitations on built -upon area rather
than dwelling units per acre. Under the high density option, any new development exceeding the low density
requirements must use stormwater controls, including the 10% of the watershed that can be developed at up to 70%
built -upon area (in WS-IV watersheds, a local government must choose either the high density option or the 10%-
70% provision). Local watershed protection ordinances using the high density option must require all new
development projects which exceed the low density option limits to use engineered stormwater controls designed to
control the first inch of rainfall. The rules also state that local governments will 1) assume ultimate responsibility for
the operation and maintenance of all stormwater devices, 2) perform annual inspections of each device, and 3) keep
standardized records on each stormwater device in their jurisdiction. Local governments will also have to require
the "posting of adequate financial assurance, in the form of a cash deposit with or a bond made payable to the local
government, or other acceptable security." This is to assure maintenance, repairs and reconstruction, when
necessary. (Refer to sections .0104(f) and (g) and Rules .0214, .0215 and .0216 for more complete information.) All
requirements contained in Article 300 implement the minimum standards adopted by the EMC. Local governments,
therefore, cannot relax these regulations but may adopt more stringent ones if desired.
7

within natural and undeveloped watersheds in public ownership by allowing only low intensity uses. No
residential or non-residential uses are allowed except those listed below. Impacts from non -point source
pollution shall be minimized.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and all rules and regulations of the Soil
8
and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.6101-.0209).
(c) Water withdrawal, treatment and distribution facilities.
(d) Restricted road access.
(e) Power transmission lines.
(2) Density and built -upon area limits do not apply.
(B)
In order to maintain a predominately
��r�Fd�:s' �l�lzt�tt`rr�t�ilpez�t�ro,o acA'e, . gA�l-®iCies�d'e�il�ra�d�no31�'� e[� ;i��1IciCsa`eloi�,,ir � ',°.--:all�lj
a axnnl3n'ntk" al -tr ar New residuals -application sites and landfills are
specifically prohibited.
11;t i a elo= tenth, engi,eer sto wGxte e17t1erl in rizs asiric Ultimate
responsibility for the operation and maintenance o ese controls will rest with the local government.
Please refer to Appendix C for a more detailed explanation of this topic.)
9
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil
and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.6101-.0209).
The Soil and Water Conservation Commission is the designated management agency responsible for implementing
provisions in the water supply watershed protection rules pertaining to agricultural activities. The following are
required in all WS-I watersheds and the critical areas of WS-II, WS-I11 and WS-IV watersheds:
❑ ❑ (1) Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10 foot vegetated buffer,
or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters
indicated on the most recent versions of U.S.G.S.1:24,000 scale (7.5 minute) scale topographic maps or as determined
by local government studies; and
❑ (2) Animal operations permitted under 15A NCAC 2H .0217 and deemed permitted are allowed in all classified
water supply watersheds.
9
Additional authority for the requirements of this section is derived from the water supply watershed protection
rules adopted by the Environmental Management Commission on February 13,1992 and amended on June 8,1995.
11
Whenever dwelling units per acre are referred to, one acre is equal to 43,560 square feet.

(c) Residential development.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application
of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a)
a project by project basis. No residential lot shall be less than two (2) acres
[80,000 square feet excluding roadway right-of-way], except within an approved cluster
development.
(b)
r_I a project by project basis. for the purpose of calculating built-
, x.. -
upon area, total project area shall include total acreage in the tract on which the project is
to be developed.
(C) :eR alance of Watershed (WS-II-BW). In order to maintain
Inantly—u—n-de-Veloped land use intensity, 4
' N v e n addition, new development may
occupy ten percent (10%) of the waters e area which is outside the critical area, with seventy percent
(70%) built -upon area when approved as a special intensity allocation (SIA). The Watershed
Administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects
must, to the maximum extent practicable, minimize built -upon surface area, direct stormwater away from
surface waters and incorporate Best Management Practices to minimize water quality impacts. Non -
discharging landfills and residuals application sites are allowed.
Ultimate
rest
government. Please refer to Appendix C for a more detailed explanation of this topic.)
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.0101-.0209).
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per acre (1
du/ac) on a project by project basis. No residential lot shall be less than one acre (or
40,000 square feet excluding roadway right-of-way), except within an approved cluster
development.
9

(b) All Other Residential and Non -Residential --development shall not exceed twelve
percent (12%) built -upon area on a project by project basis except that up to ten percent
(10%) of the balance of the watershed may be developed at up to seventy percent (70%)
built -upon area on a project by project basis. For the purpose calculating built -upon area,
total project area shall include total acreage in the tract on which the project is to be
developed.
-' stars: Critical Area (WS-III-CA). In order to maintain low to moderate
land use intensity, smg a ami y resi ential uses are allowed at a maximum of one (1) dwelling unit per
acre (1 du/acZ. All other residential and non-residential development shall be allowed to at a maximum
of twelve percent (12%) built -upon area. New residuals application sites and landfills are specifically
prohibited.
(High density development using engineered stormwater control devices are permitted in this district.
Ultimate responsibility for the operation and maintenance of these controls will rest with the local
government. Please refer to Appendix C for a more detailed explanation of this topic.)
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil
and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.0101-.0209).
(c) Residential.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application
of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per acre (1
du/ac) on a project by project basis. No residential lot shall be less than one acre (or
40,000 square feet excluding roadway right-of-wayZ except within an approved cluster
development.
(b) All Other Residential and Non -Residential --development shall not exceed twelve
percent (12%) built -upon area on a project by project basis. For the purpose of calculating
built -upon area, the total project area shall include total acreage in the tract on which the
project is to be developed.
(E) WS-III Watershed Areas - Balance of Watershed (WS-III-BW). In order to maintain a low to
moderate land use intensity, single family detached uses shall develop at a maximum of two (2) dwelling
units per acre (2 du/ ac). All other residential and non-residential development shall be allowed at a
maximum of twenty-four percent (24%) built -upon area. In addition, new development and expansions
to existing development may occupy ten percent (10%) of the balance of the watershed area with up to
seventy percent (70%) built -upon area when approved as a special intensity allocation (SIA). The
Watershed Administrator is authorized to approve SIAs consistent with the provisions of this ordinance.
Projects must, to the maximum extent practicable, minimize built -upon surface area, direct stormwater
away from surface waters and incorporate Best Management Practices to minimize water quality impacts.
10

Non -discharging landfills and residuals application sites are allowed.
(High density development using engineered stormwater control devices is permitted in this district.
Ultimate responsibility for the operation and maintenance of these controls will rest with the local
government. Please refer to Appendix C for a more detailed explanation of this topic.)
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.0101-.0209).
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two (2) dwelling units per
acre, as defined on a project by project basis. No residential lot shall be less than one-half
(1/2) acre (or 20,000 square feet excluding roadway right-of-way), except within an
approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-
four percent (24%) built -upon area on a project by project basis except that up to ten
percent (10%) of the balance of the watershed may be developed with new development
and expansions to existing development at up to seventy percent (70%) built -upon area
on a project by project basis. For the purpose of calculating built -upon area, total project
area shall include total acreage in the tract on which the project is to be developed.
r -q : i ae an rosron, se = °nentat n c ° trol 'a,pmevEMPM
caeh.
nunState la or approved localp
rogram are requirerequirea to
meet the provisions of this ordinance when located in a WS-IV watershed. In order to address a moderate
to high land use intensity pattern, single family residential uses are allowed at a maximum of two (2)
dwelling units per acre. All other residential and non-residential development shall be allowed at a
maximum of twenty-four percent (24%) built -upon area. New residuals application sites and landfills are
specifically prohibited.
(High density development using engineered stormwater control devices is permitted in this district.
Ultimate responsibility for the operation and maintenance of these controls will rest with the local
government. Please refer to Appendix C for a more detailed explanation of this topic.)
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil
and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.0101-.0209).
11

(c) Residential.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application
of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two dwelling units per acre
on a project by project basis. No residential lot shall be less than one-half (1/2) acre (or
20,000 square feet excluding roadway right-of-way), except within an approved cluster
development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-
four percent (24%) built -upon area on a project by project basis. For the purpose of
calculating the built -upon area, total project area shall include total acreage in the tract on
which the project is to be developed.
(G) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development activities that
require an erosion/sedimentation control plan under State law or approved local government program
are required to meet the provisions of this ordinance when located in a WS-IV watershed. In order to
accommodate moderate to high land use intensity, single family residential uses shall develop at a
maximum of two (2) dwelling units per acre (2 du/ acl. All other residential and non-residential
development shall be allowed at a maximum of twenty-four percent (24%) built -upon area. A maximum
of three (3) dwelling units per acre (3 du/ac) or thirty-six (36%) percent built -upon areaJs allowed for
projects without a curb and gutter street system.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security -Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.0101-.0209).
(c) Residential development.
(d) Non-residential development.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two (2) dwelling units per
acre, as defined on a project by project basis. No residential lot shall be less than one-half
(1/2) acre (or 20,000 square feet excluding roadway right-of-way), or one-third (1/3) acre
for projects without a curb and gutter street system, except within an approved cluster
development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-
four percent (24%) built -upon area on a project by project basis. For projects without a
curb and gutter street system, development shall not exceed thirty-six percent (36%)
built -upon area on a project by project basis. For the purpose of calculating built -upon
area, total project area shall include acreage in the tract on which the project is to be
12

developed.
(c) [OPTIONAL FOR LOCAL GOVERNMENTS THAT DO NOT CHOOSE TO
INCORPORATE THE HIGH DENSITY OPTION] In addition to the development
allowed under paragraphs (a) and (b) above, new development and expansions to
existing development may occupy up to ten percent (10%) of the protected area with up
to seventy percent (70%) built -upon area on a project by project basis, when approved as
a special intensity allocation (SIA). The Watershed Administrator is authorized to
approve SIAs consistent with the provisions of this ordinance. Projects must, to the
maximum extent practicable, minimize built -upon surface area, direct stormwater away
from surface waters and incorporate Best Management Practices to minimize water
quality impacts. For the purpose of calculating built -upon area, total project area shall
include total acreage in the tract on which the project is to be developed.
Section 303. Cluster Development.
Cluster development is allowed in all Watershed Areas [except WS-I] under the following
conditions:
(A) Minimum lot sizes are not applicable to single family cluster development projects; however,
the total number of lots shall not exceed the number of lots allowed for single family
detached developments in Section 302. Density or built -upon area for the project shall not
exceed that allowed for the critical area, balance of watershed or protected area, whichever
applies.
(B) All built -upon area shall be designed and located to minimize stormwater runoff impact to
the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet
flow through vegetated areas, and maximize the flow length through vegetated areas.
(C) Areas of concentrated density development shall be located in upland area and away, to the
maximum extent practicable, from surface waters and drainageways.
(D) The remainder of the tract shall remain in a vegetated or natural state. The title to the open
space area shall be conveyed to an incorporated homeowners association for management; to
a local government for preservation as a park or open space; or to a conservation
organization for preservation in a permanent easement. Where a property association is not
incorporated, a maintenance agreement shall be filed with the property deeds.
(E) Cluster developments that meet the applicable low density requirements shall transport
stormwater runoff by vegetated conveyances to the maximum extent practicable.
Section 304. Buffer Areas Required.
development activities is required alon al'1 perenn'al waters indicated on the most recent versions of
U.S.G.S.1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
10
Desirable artificial streambank or shoreline stabilization is permitted.
10 Development that uses the 10/70% provision (see page 6 for explanation of SIA provision) is considered "high
density development" and thus a 100 foot vegetated buffer is required.
13

(B) No new development is allowed in the buffer except for water dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive increases in
impervious area and public projects such as road crossings and greenways where no practical alternative
exists. These activities should minimize built -upon surface area, direct runoff away from the surface
waters and maximize the utilization of stormwater Best Management Practices.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed
Map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad
or highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor
may be submitted to the [county][town] as evidence that one or more properties along these boundaries
do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet
from any parallel lot line, the location of watershed area boundaries shall be determined by use of the
11
scale appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less
from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed
Map as to location of such boundaries. This decision may be appealed to the Watershed Review Board.
Section 306. Application of Regulations.
(A) No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is located.
(B) No area required for the purpose of complying with the provisions of this ordinance shall be
included in the area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a watershed area, such
use or class of use is prohibited.
Section 307. Existing Development.
Existing development as defined in this ordinance, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet the
requirements of this ordinance, however, the built -upon area of the existing development is not required
12
to be included in the built -upon area calculations.
11
The EMC adopted this provision with the intention of locating built -upon surface area in the least
environmentally sensitive area of the project.
12
This section deals with all existing development as defined in the EMC rules. All existing development, whether
`I

(Al Uses of Land. This category consists of uses existing at the time of adoption of this ordinance
where such use of the land is not permitted to be established hereafter in the watershed area in which it is
located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter
revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be reestablished.
(B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not
in conformance with the restrictions of this ordinance that has been damaged or removed may be
repaired and/or reconstructed, except that there are no restrictions on single family residential
development, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed within
two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased unless
stormwater control that equals or exceeds the previous development is provided.
Section 308. 1, �"raiers e: ,' .lx,ote ti+an l;exznt.
(A) Except where a single family residence is constructed on a lot deeded prior to the effective
date of this ordinance, no building or built -upon area shall be erected, moved, enlarged or structurally
altered, nor shall any building permit be issued nor shall any change in the use of any building or land be
made until a Watershed Protection Permit has been issued by the Watershed Administrator. No
Watershed Protection Permit shall be issued except in conformity with the provisions of this ordinance.
(B) Watershed Protection Permit applications shall be filed with the Watershed Administrator.
The application shall include a completed application form (see Appendix A) and supporting
documentation deemed necessary by the Watershed Administrator.
(C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may
consult with qualified personnel for assistance to determine if the application meets the requirements of
this ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy
Permit for such use is not obtained by the applicant within twelve (12) months from the date of issuance.
Section 309. Building Permit Required.
No permit required under the North Carolina State Building Code shall be issued for any activity for
which a Watershed Protection Permit is required until that permit has been issued.
Section 310. �aterslxe Protection C}eeupanctiy exmil.
(A) The Watershed Administrator shall issue a Watershed Protection Occupancy Permit
certifying that all requirements of this ordinance have been met prior to the occupancy or use of a
or not it meets the statewide minimum standards, is exempt from the provisions of this ordinance.
15

building hereafter erected, altered or moved and/or prior to the change of use of any building or land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be
applied for coincident with the application for a Watershed Protection Permit and shall be issued or
denied within ten (10) days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed Administrator
shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this ordinance
have been met coincident with the Watershed Protection Permit.
(D) If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall
notify the applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may be
occupied until the Watershed Administrator has approved and issued a Watershed Protection Occupancy
Permit.
ARTICLE 400: PUBLIC HEALTH REGULATIONS
Section 401. Public Health, in general.
nr aconainons may arise trom
a 'e n to n 5'te ew ge systems which utize ground absorption; inadequate sedimentation and
erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer
area; the improper management of stormwater runoff; or any other situation found to pose a threat to
water quality.
Section 402. Abatement.
(A) The Watershed Administrator shall monitor land use activities within the watershed areas to
identify situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the ! aters e�llResr . oar �► The
Watershed Administrator -may consult with any public agency or official and request recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public health,
safety and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or
abate the condition and/or violation.
13
ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS
13
Statutory Authority for this section is derived from N.C. General Statutes Chapter [153A] [160A], Article [6] [8],
Section [121] [174], Section [140] [193] and Chapter 143-214.5. Alternate statutory for this article may be derived from
N.C. General Statute 143-214.5;153A, Parts 1 and 3;160A, Parts 1, 2 and 3.
This article outlines a suggested procedure for the administration and enforcement of the ordinance. It provides for
the appointment of a Watershed Administrator and a Watershed Review Board. An individual already employed by
the County or Municipality may also assume the duties of the Watershed Administrator, just as an existing board
may assume the duties of the Watershed Review Board. A local government may use other procedures; however,
such procedures should be of sufficient detail to ensure adequate enforcement of the ordinance.
1B]

Section 501. Watershed Administrator and Duties thereof.
The [county][town] shall appoint a Watershed Administrator, who shall be duly sworn in. It shall
be the duty of the Watershed Administrator to administer and enforce the provisions of this ordinance as
follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and Watershed
Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall
be available for public inspection during regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as clerk to the Watershed Review Board.
(C) The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to
14
the Water Quality Section of the Division of Water Quality.
(D) The Watershed Administrator shall keep records of the jurisdiction's use of the provision that
a maximum of ten percent (10%) of the non -critical area of WS-IIand WS-III watersheds and, for local
governments that do not choose to incorporate the high density option, ten percent (10%) of the protected
area of WS-IV watersheds may be developed with new development at a maximum of seventy percent
(70%) built -upon surface area. Records for each watershed shall include the total acres of non -critical
watershed area, total acres eligible to be developed under this option, total acres approved for this
development option, and individual records'for each project with the following information: location,
number of developed acres, type of land use and stormwater management plan (if applicable).
(E) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of the
[county][town]. The Watershed Administrator, or his duly authorized representative, may enter any
building, structure, or premises, as provided by law, to perform any duty imposed upon him by this
Ordinance.
(F) The Watershed Administrator shall keep a record of variances to the local Water Supply
Watershed Protection Ordinance. This record shall be submitted for each calendar year to the Water
Quality Section of the Division of Environmental Management on or before January 1st of the following
year and shall provide a description of each project receiving a variance and the reasons for granting the
variance.
Section 502. Appeal from the Watershed Administrator.
Any order, requirement, decision or determination made by the Watershed Administrator may be
appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the Watershed
Review Board within thirty (30) days from the date the order, interpretation, decision or determination is
made. All appeals must be made in writing stating the reasons for appeal. Following submission of an
appeal, the Watershed Administrator shall. transmit to the Board all papers constituting the record upon
which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer from
14
For additional discussion of this issue, refer to the commentary under Article 300.
` FA

whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by
reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may
be granted -by the Board or by a court of record on application of notice of the officer from whom the
appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties
and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by
agent or by attorney.
Section 503. Changes and Amendments to the Watershed Protection Ordinance.
(A) The [county][town] Governing Board may, on its own motion or on petition, after public
notice and hearing, amend, supplement, change or modify the watershed regulations and restrictions as
described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed Review
Board for review and recommendations. If no recommendation has been received from the Watershed
Review Board within forty-five (45) days after submission of the proposal to the Chairman of the
Watershed Review Board, the [county][town] Governing Board may proceed as though a favorable report
had been received.
(C) Under no circumstances shall the [county][town] Board adopt such amendments,
supplements or changes that would cause this ordinance to violate the watershed protection rules as
adopted by the N.C. Environmental Management Commission. All amendments must be filed with the
N.C. Division of Water Quality, N.C. Division of Environmental Health, and the N.C. Division of
Community Assistance.
Section 504. Public Notice and Hearing Required.
Before adopting or amending this ordinance, the [county][town] Governing Board shall hold a
public hearing on the proposed changes. A notice of the public hearing shall be given once a week for
two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be
published for the first time not less than ten (10) nor more than twenty-five (25) days before the date for
the hearing.
Section 505. Establishment of Watershed Review Board.
(A) There shall be and hereby is created the Watershed Review Board consisting of five (5)
members appointed by the [county][town] Governing Board.
(Option 1) [town] Three (3) residents of [town] shall be appointed for three year terms.
Two (2) residents of [town] shall be appointed for two (2) year terms.
Thereafter, all new terms shall be for three (3) years, and members may
be reappointed.
(Option 2) [county_] Three (3) residents of [county] shall be appointed for three year terms.
Two (2) residents of [county] shall be appointed for two (2) year terms.
Thereafter, all new terms shall be for three (3) years, and members may
be reappointed.
(Option 3) [joint town and county] Three (3) members shall reside within the town. Two (2)
of the town members shall be appointed for a two (2) year term and one
W.

(1) shall be appointed for a three (3) year term. Two (2) members shall
reside within the county and shall be appointed for three (3) year terms.
Thereafter, all new terms shall be for three (3) years, and members may
be reappointed.
(B) Two (2) alternate members shall be appointed to serve on the Watershed Review Board in the
absence of any regular member and shall be appointed for three (3) year terms. While attending in the
capacity of a regular member, the alternate shall have and exercise all the powers and duties of the absent
regular member.
(Option 1) [town] The town shall appoint two (2) alternate members.
(Option 2) [county] The county shall appoint two (2) alternate members.
(Option 3) [joint town and county] The county shall appoint one (1) alternate member from
the county and the town shall appoint one (1) alternate member from the
town limits.
Section 506. Rules of Conduct for Members.
Members of the Board may be removed by the [county][town] Governing Board for cause,
including violation of the rules stated below:
(A) Faithful attendance at meetings of the Board and conscientious performance of the duties
required of members of the Board shall be considered a prerequisite to continuing membership on the
Board.
(B) No Board member shall take part in the hearing, consideration, or determination of any case
in which he is personally or financially interested. A Board member shall have a "financial interest" in a
case when a decision in the case will: 1) cause him or his spouse to experience a direct financial benefit or
loss, or 2) will cause a business in which he or his spouse owns a 10 per cent or greater interest, or is
involved in a decision -making role, to experience a direct financial benefit or loss. A Board member shall
have a "personal interest" in a case when it involves a member of his immediate family (i.e., parent,
15
spouse, or child).
(C) No Board member shall discuss any case with any parties thereto prior to the public hearing
on that case; provided, however, that members may receive and/or seek information pertaining to the
case from the Watershed Administrator or any other member of the Board, its secretary or clerk prior to
the hearing.
(D) Members of the Board shall not express individual opinions on the proper judgement of any
case prior to its determination on that case.
(E) Members of the Board shall give notice to the chairman at least forty-eight (48) hours prior to
the hearing of any potential conflict of interest which he has in a particular case before the Board.
(F) No Board member shall vote on any matter that decides an application or appeal unless he
had attended the public hearing on that application or appeal.
Section 507. Powers and Duties of the Watershed Review Board.
15
The intent is to prohibit members of the Board from acting in situations where they have a conflict of interest in a
manner similar to the prohibition in NCGS 14-234(c)(1).
19

(A) Administrative Review. The Watershed Review Board shall hear and decide appeals from
any decision or determination made by the Watershed Administrator in the enforcement of this
ordinance.
16
(B) Variances. The Watershed Review Board shall have the power to authorize, in specific
cases, minor variances from the terms of this Ordinance as will not be contrary to the public interests
where, owing to special conditions, a literal enforcement of this Ordinance will result in practical
difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety
and welfare secured, and substantial justice done. In addition, the [county][town] shall notify and allow a
reasonable comment period for all other local governments having jurisdiction in the designated
watershed where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from the
Watershed Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40) feet,
indicating the property lines of the parcel upon which the use is proposed; any existing or
proposed structures; parking areas and other built -upon areas; surface water drainage.
The site plan shall be neatly drawn and indicate north point, name and address of person
who prepared the plan, date of the original drawing, and an accurate record of any later
revisions.
(b) A complete and detailed description of the proposed variance, together with
any other pertinent information which the applicant feels would be helpful to the
Watershed Review Board in considering the application.
(c) The Watershed Administrator shall notify in writing each local government
having jurisdiction in the watershed and the entity using the water supply for
consumption. Such notice shall include a description of the variance being requested.
Local governments receiving notice of the variance request may submit comments to the
Watershed Administrator prior to a decision by the Watershed Review Board. Such
comments shall become a part of the record of proceedings of the Watershed Review
Board.
(2) Before the Watershed Review Board may grant a variance, it shall make the following
three findings, which shall be recorded in the permanent record of the case, and shall
include the factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the Ordinance. In order to determine that there are
practical difficulties or unnecessary hardships, the Board must find that the five
following conditions exist:
(1) If he complies with the provisions of the Ordinance, the applicant can
secure no reasonable return from, nor make reasonable use of, his property.
Merely proving that the variance would permit a greater profit to be made from
the property will not be considered adequate to justify the Board in granting an
variance. Moreover, the Board shall consider whether the variance is the
16
This section outlines the procedures for local governments to use in approving minor variances. Major variances
may be granted for certain projects; however, the major variance must be reviewed by and receive approval from the
Environmental Management Commission prior to the local government issuing the watershed protection permit.
Procedures for local government review of major variance requests and submission of a recommendation to the
Commission are also included.
20

minimum possible deviation from the terms of the Ordinance that will make
possible the reasonable use of his property.
(2) The hardship results from the application of the Ordinance to the
property rather than from other factors such as deed restrictions or other
hardship.
(3) The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, which is different from that of
neighboring property.
(4) The hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates the Ordinance, or who purchases the
property after the effective date of the Ordinance, and then comes to the Board
for relief.
(5) The hardship is peculiar to the applicant's property, rather than the
result of conditions that are widespread. If other properties are equally subject to
the hardship created in the restriction, then granting a variance would be a
special privilege denied to others, and would not promote equal justice.
(b) The variance is in harmony with the general purpose and intent of the
Ordinance and preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have been
assured and substantial justice has been done. The Board shall not grant a variance if it
finds that doing so would in any respect impair the public health, safety, or general
welfare.
(3) In granting the variance, the Board may attach thereto such conditions regarding the
location, character, and other features of the proposed building, structure, or use as it may deem
advisable in furtherance of the purpose of this ordinance. If a variance for the construction,
alteration or use of property is granted, such construction, alteration or use shall be in accordance
with the approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an application for a
variance previously denied if it finds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(5) A variance issued in accordance with this Section shall be considered a Watershed
Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit for such
use is not obtained by the applicant within six (6) months from the date of the decision.
(6) If the application calls for the granting of a major variance, and if the Watershed
Review Board decides in favor of granting the variance, the Board shall prepare a preliminary
record of the hearing with all deliberate speed. The preliminary record of the hearing shall
include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
21

(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to
the permit.
The preliminary record shall be sent to the Environmental Management Commission for its
review as follows:
(a) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property owner can secure no
reasonable return from, nor make any practical use of the property unless the proposed
variance is granted, and (2) the variance, if granted, will not result in a serious threat to
the water supply, then the Commission shall approve the variance as proposed or
approve the proposed variance with conditions and stipulations. The Commission shall
prepare a Commission decision and send it to the Watershed Review Board. If the
Commission approves the variance as proposed, the Board shall prepare a final decision
granting the proposed variance. If the Commission approves the variance with
conditions and stipulations, the Board shall prepare a final decision, including such
conditions and stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property owner can secure a
reasonable return from or make a practical use of the property without the variance or (2)
the variance, if granted, will result in a serious threat to the water supply, then the
Commission shall deny approval of the variance as proposed. The Commission shall
prepare a Commission decision and send it to the Watershed Review Board. The Board
shall prepare a final decision denying the variance as proposed.
(C) Subdivision approval. See Article 200.
(D) Public Health. See Article 400.
(E) Approval of all development greater than the low density option. See Appendix C.
Section 508. Appeals from the Watershed Review Board.
Appeals from the Watershed Review Board must be filed with the Superior Court within 30 days
from the date of the decision. Decisions by the Superior Court will be in the manner of certiorari.
ARTICLE 600: DEFINITIONS
Section 601. General Definitions.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
Best Management Practices (BMP). A structural or nonstructural management -based practice used
singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve
water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the runoff
and filtering of pollutants. The buffer is measured landward from the normal pool elevation of
impounded structures and from the bank of each side of streams or rivers.
22

Building. Any structure having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or property. The connection of two buildings by means of an
open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall
not be deemed to make them one building.
Built -upon area. Built -upon areas shall include that portion of a development project that is covered by
impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking
lots, paths, recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area
of a swimming pool are considered pervious.)
Cluster Development. Cluster development means the grouping of buildings in order to conserve land
resources and provide for innovation in the design of the project including minimizing stormwater runoff
impacts. This term includes nonresidential development as well as single-family residential and multi-
family developments. For the purpose of this ordinance, planned unit developments and mixed use
development are considered as cluster development.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending either one-half mile from the normal pool elevation of the reservoir in which the intake is
located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the
intake located directly in the stream or river (run -of -the -river), or the ridge line of the watershed
(whichever comes first). Local governments may extend the critical area as needed. Major landmarks
such as highways or property lines may be used to delineate the outer boundary of the critical area if
these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
Customary Home Occupations. Any use conducted entirely within a dwelling and carried on by the
occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential
purposes and does not change the character thereof. Provided further that no mechanical equipment is
installed or used except as is normally used for domestic or professional purposes, and that not over
twenty-five percent (25%) of the total floor space of any structure is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of a vehicle
that is driven off site, such as a service repair truck, delivery truck, etc.
Development. Any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation
into the soil.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living facilities for
one family.
Existing Development. Those projects that are built or those projects that at a minimum have established
a vested right under North Carolina zoning law as of the effective date of this ordinance based on at least
one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General Statutes (G.S.
153A-344.1 and G.S. 160A-385.1), or
(3) having an approved site specific or phased development plan as authorized by the
23

General Statutes (G.S. 153A-344.1 and G.S. 160A-385.1).
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been recorded in
the Office of the Register of Deeds prior to the adoption of this ordinance, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood or marriage or adoption, no such family shall contain over five persons, but further
provided that domestic servants employed or living on the premises may be housed on the premises
without being counted as a family or families.
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the resulting
parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for
nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to
any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom
inherited by intestacy or by will.
Industrial Development. Any non-residential development that requires an NPDES permit for an
industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with
Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this term does not
include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted
to a common use, together with the customary accessories and open spaces belonging to the same.
Major Variance. A variance from the minimum statewide watershed protection rules that results in any
one or more of the following:
(1) the relaxation, by a factor greater than ten (10) percent, of any management requirement
under the low density option;
(2) the relaxation, by a factor greater than five (5) percent, of any buffer, density or built -
upon area requirement under the high density option;
(3) any variation in the design, maintenance or operation requirements of a wet detention
pond or other approved stormwater management system.
Minor Variance. A variance from the minimum statewide watershed protection rules that results in a
relaxation, by a factor of up to five (5) percent of any buffer, density or built -upon area requirement under
the high density option; or that results in a relaxation, by a factor of up to ten (10) percent, of any
management requirement under the low density option.
Nonconforming Lot of Record. A lot described by a plat or a deed that was recorded prior to the
effective date of local watershed protection regulations (or their amendments) that does not meet the
minimum lot size or other development requirements of the statewide watershed protection rules.
Non-residential Development. All development other than residential development, agriculture and
silviculture.
r'

Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The
boundaries of the protected area are defined as within five miles of and draining to the normal pool
elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining to
the intake located directly in the stream or river or to the ridgeline of the watershed.
Residential Development. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.
Residuals. Any solid or semi -solid waste -generated from a wastewater treatment plant, water treatment
plant or air pollution control facility permitted under the authority of the Environmental Management
Commission.
Single Family Residential. Any development where: 1) no building contains more that one dwelling
unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than one dwelling unit.
Street (Road). A right-of-way for vehicular traffic which affords the principal means of access to abutting
properties.
Structure. Anything constructed or erected, including but not limited to buildings, which requires
location on the land or attachment to something having permanent location on the land.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other
divisions for the purpose of sale or building development (whether immediate or future) and shall
include all division of land involving the dedication of a new street or a change in existing streets; but the
following shall not be included within this definition nor be subject to the regulations authorized by this
ordinance:
(1) The combination or recombination of portions of previously subdivided and recorded
lots where the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of this ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of
streets;
(4) The division of a tract in single ownership whose entire area is no greater than two acres
into not more than three lots, where no street right-of-way dedication is involved and
where the resultant lots are equal to or exceed the standards of the this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
Toxic Substance. Any substance or combination of substances (including disease causing agents), which
after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, has the potential to cause
25

death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or
their off spring or other adverse health effects.
Variance. A permission to develop or use property granted by the Watershed Review Board relaxing or
waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this ordinance.
Water Dependent Structure. Any structure for which the use requires access to or proximity to or citing
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply
intake.)
Watershed Administrator. An official or designated person of [county] [town] responsible for
administration and enforcement of this ordinance.
Section 602. Word Interpretation.
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as an
individual.
The word "structure" shall include the word "building."
The word "lot" shall include the words, "plot," "parcel," or "tract."
The word "shall' is always mandatory and not merely directory.
The word "will' is always mandatory and not merely directory.
26

A
Local Government Water Supply Watershed Protection
Site Visit Compliance Checklist
1. Local Government (Municipality/County):
2. Inspection Date:
3. DWQ Central or Regional Office Inspector:
4. Local Government Watershed Administrator:
Do you administer the program yourself or does someone else do it for you?
Who does the actual work if not you?
5. Local Government Contact Phone Numbers:
6. Local Government Web Site:
Does your city/town/county have a web site?
Does your department have it's own web page?
Do you have your WSWP ordinance on line?
7. Classifications:
How many WSWs are in your jurisdiction?
How are they classified (WS-III-B, WS-IV-C etc.)?
8. Buffer Regulations/Requirements:
What buffer requirements are needed for low -density development?
What buffer requirements are needed when high -density development is approved?
Are there any special buffer provisions required such as for intermittent streams?
How are buffers being measured for compliance?
9. 10170 (tracking):
Do you have a 10/70 provision in your ordinance?
How do you track the total acreage used for 10/70 allotments?
How much of the 10/70 have you used?
Do you issue or require a SIA permit for 10/70?
May I see a copy of the permit?
Do you require additional stormwater control measures when 10/70 is utilized?
10. High Density Ordinance:
Do you have a high -density option?
What are the impervious limits when utilizing the high -density option?
How often do you inspect stormwater control devices on approved developments?
Do site plans show how stormwater is captured and managed?
Can you take me to an approved wet detention pond?
11. Water Supply or Zoning Compliance Permits:
Do you issue WSWP permits?
Do you issue a zoning compliance permit instead of a WSWP permit?
Does the zoning compliance permit make reference to the WSWP areas?
May I see a copy of the permit that you issue?
How many permits do you issue on an annual basis?
Where are the permit copies filed?
12. Subdivision Approval:
Does your subdivision approval process contain all the needed information as provided for in
Appendix A of the State's Model WSWP Ordinance?
May I see a copy of your subdivision checklist for WSWP areas?

13. Variances and Review Board:
Do you have a WSWP Review Board or does the Board of Adjustment act in that capacity?
Describe your variance procedures.
Have you approved any minor variances?
How are major variances handled?
14. GIS & Maps:
Do you have GIS capability?
Do you have GIS on-line?
Does your GIS show the Water Supply Watersheds?
If you do not have GIS, what types of maps show your WSWP boundaries?
If zoning maps show your WSWP boundaries, may I see a copy of the approved maps?
15. Interlocal Agreements:
Do you administer the WSWP Program on behalf of any other municipal government?
How do you coordinate the development approval process?
How are 10/70 allocations handled, if applicable?
Who checks for impervious or buffer compliance?
16. Watershed Violations:
Have you ever issued a stop work order for issues related to WSWP compliance?
Have you ever issued a Notice of Violation letter?
How do you notify a landowner or developer when corrective action is needed?
Notes:
Follow-up Requirements:

Local Government Water Supply Watershed Protection
Site Visit Compliance Checklist
1. Local Government (Municipality/County):
2. Inspection Date:
3. DWQ Central or Regional Office Inspector:
4. Local Government Watershed Administrator:
Do you administer the program yourself or does someone else do it for you?
Who does the actual work if not you?
6. Local Government Contact Phone Numbers:
6. Local Government Web Site:
Does your city/town/county have a web site?
Does your department have it's own web page?
Do you have your WSWP ordinance on line?
7. Classifications:
How many WSWs are in your jurisdiction?
How are they classified (WS-III-B, WS-IV-C etc.)?
8. Buffer Regulations/Requirements:
What buffer requirements are needed for low -density development?
What buffer requirements are needed when high -density development is approved?
Are there any special buffer provisions required such as for intermittent streams?
How are buffers being measured for compliance?
9. 10/70 (tracking):
Do you have a 10/70 provision in your ordinance?
How do you track the total acreage used for 10/70 allotments?
How much of the 10/70 have you used? .
Do you issue or require a SIA permit for 10/70?
May I see a copy of the permit?
Do you require additional stormwater control measures when 10/70 is utilized?
10. High Density Ordinance:
Do you have a high -density option?
What are the impervious limits when utilizing the high -density option?
How often do you inspect stormwater control devices on approved developments?
Do site plans show how stormwater is captured and managed?
Can you take me to an approved wet detention pond?
11. Water Supply or Zoning Compliance Permits:
Do you issue WSWP permits?
Do you issue a zoning compliance permit instead of a WSWP permit?
Does the zoning compliance permit make reference to the WSWP areas?
May I see a copy of the permit that you issue?
How many permits do you issue on an annual basis?
Where are the permit copies filed?
12. Subdivision Approval:
Does your subdivision approval process contain all the needed information as provided for in
Appendix A of the State's Model WSWP Ordinance?
May I see a copy of your subdivision checklist for WSWP areas?

13. Variances and Review Board:
Do you have a WSWP Review Board or does the Board of Adjustment act in that capacity?
Describe your variance procedures.
Have you approved any minor variances?
How are major variances handled?
14. GIS & Maps:
Do you have GIS capability?
Do you have GIS on-line?
Does your GIS show the Water Supply Watersheds?
If you do not have GIS, what types of maps show your WSWP boundaries?
If zoning maps show your WSWP boundaries, may I see a copy of the approved maps?
15.. Interlocal Agreements:
Do you administer the WSWP Program on behalf of any other municipal government?
How do you coordinate the development approval process?
How are 10/70 allocations handled, if applicable?
Who checks for impervious or buffer compliance?
16. Watershed Violations:
Have you ever issued a stop work order for issues related to WSWP compliance?
Have you ever issued a Notice of Violation letter?
How do you notify a landowner or developer when corrective action is needed?
Notes:
Follow-up Requirements:

-------- ----
----
S ssg� "G-0 c o �

Mu' 16 aflili�e� with S Watersheds - Ashedtlle.Re
,ion.
Town .
Contact
Phone .
County
�?VS
Asheville
828-251-1122
Buncombe
WS-I
Beech
Mountain
Keith Cook
828-387-4236
Avery
WS-II-CA, WS-II-BW
Blowing Rock
Kevin Rothrock
828-295-5240
Caldwell
WS-II-CA, WS-IV-PA
Cajah's
Mountain
WPCOG
828-322-9191
Caldwell
WS-IV-PA
Canton
Rosemary
Greene
828-648-2363
Haywood/
Buncombe
WS-III-CA
Drexel
Matt Settlemyer
828-437-7421
Burke
WS-IV-PA
Ellenboro
Rutherford
County
Rutherford
WS-IV-PA
Gamewell
WPCOG
828-322-9191
Caldwell
WS-IV-PA
Granite Falls
Greg Wilson
828-396-3131
Caldwell
WS-IV-CA, WS-IV-PA
Highlands
Richard Betz
828-526-21 l 8
Macon
WS-II-CA,WS-II-
BW,WS-Ill-CAWS-III-
BW
Hildebran
Ella Caudle
828-397-5801
Burke
WS-IV-PA
Hudson
Jon Pilkenton
828-728-8272
Caldwell
WS-IV-PA
Laurel Park
Jim Ball
828-693-4840
Henderson
WS-IV-PA
Long View
Russ Cochran
828-322-3291
Burke/Catawba
WS-IV-PA
Maggie Valley
Tim'Henson
828-926-0866
Haywood
WS-II-BW
Mars Hill
Madison
County
Madison
WS-II-BW
Mills River
Henderson
County
Henderson
WS-II-BW
Morganton
Lee Anderson
828438-5270
Burke
WS4II-BW.,WS-1V-
CA,WS-IV-PA
Rhodhiss
828-396-8400
Burke/Caldwell
WS- III -CA, WS-111-BW
Robbinsville
Graham County
828-479-7961
Graham
WS-III-CA
Rutherfordton
Donald
Hutchins
828-287-9508
Rutherford
WS-IV-PA
Sawmills
Bob Frye
828-396-7903
Caldwell I
WS-IV-CA, WS-IV-PA
Valdese
Larry Johnson
828-879-2124
Burke I
WS-IV-CA, WS-IV-PA
19 municipalities in Asheville region that administer their own WS protection program.
12/3/2007

Counties with WS Watersheds — Asheville Region
County
Contact.
Phone
WS
Avery
Tommy Burleson
828-733-8204
WS-IV-PA
Buncombe
828-250-4830
WS-I,WS-II-CA,WS.-II-BW
Burke
828-439-4362
WS-I,WS-III-CA,WS-III-BW,WS-
IV-CA,WS-IV-PA
Caldwell
828-757-6855
WS-IV-CA,WS-IV-PA
Cherokee
Siras Allen
828-837-6730
WS-I,WS-II-CA,WS-II-BW,WS-III-
CA,WS-III-BW,WS-IV-CA,WS-IV-
PA
Clay
Chad Plemmons
828-389-8326
WS-IV-PA
Graham
Jeff Cabe
828-479-7961
WS-I,WS-III-CA,WS-III-PA,WS-
IV-CA,WS-IV-PA
Haywood
Chris Boyd
828-452-6632
WS-1,WS-III-CA,WS-III-BW
Henderson
Natalie Berry
828-694-6626
WS-II-CA,WS-II-BW,WS-III-
CA,WS-IV-PA
Jackson
Tamera Crisp
828-586-7575
WS-I,WS-II-CA,WS-II-BW,WS-III-
CA,WS-III-BW
Macon
828-349-2024
WS-II-CA,WS-II-BW,WS-III-
B W,WS-IV-CA,WS-IV-PA
Madison
Ryan Cody
828-649-3766
WS-I,WS-II-CAWS-II-BW
McDowell
Ronald Harmon
828-652-7121
WS-I,WS-II-CA,WS-II-BW,WS-IV-
PA
Mitchell
Keynan Phillips
828-688-2139
WS-I,WS-IV-PA
Polk
Cathy Ruth
828-894-2732
WS-II-CA,WS-II-BW,WS-III-
CA,WS-III-BW,WS=IV-PA
Rutherford
Danny Searcy
828-287-6035
WS-IV-CA,WS-IV-PA
Swain
Kevin Seagle
828-488-9134
WS-I,WS-II-CA,WS-II-BW,WS-IV-
CA,WS-IV-PA
Transylvania
828-884-3205
WS-I,WS-II-CA,WS-II-BW,WS-III-
BW
Yancey
828-682-7833
WS-1, WS-II-CA,WS-II-BW
19 counties in Asheville region that administer their own WS protection program.
12/3/2007

Catawba River Basin
Subbasin
03-08-30
Assessment
Impaired
Year
Waterbody and Description Unit (AU) Class
Subbasin
Use
Listed Category and Reason for Listing
Potential Source(s)
Miles or Acres
Catawba River Basin
Subbasin
03-08-30
Jacktown Creek 11-32-1-4-1 C
03-08-30
6
2.4 FW Miles
From source to Youngs Fork
AL
2006
6
Impaired biological integrity
Land Development
North Fork Catawba River 11-24-(2.5)b B Tr
03-08-30
6
3.5 FW Miles
From Stillhouse Branch to Armstrong Creek
AL
2006
6
Impaired biological integrity
Youngs Fork (Copeming 1132-1-4a C
03-0830
6
3.6 FW Miles
Creek)
From source to Marion WWTP
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Major Municipal Point Source
Youngs Fork (Copeming 1132-1-4b C
03-0830
6
1.9 FW Miles
Creek)
From Marion WWTP to North Muddy Creek
AL
1998
6
Impaired biological integrity
Municipal Point Sources
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Catawba River Basin
Subbasin
03-08-31
Bristol Creek 1139-8 WS-IV
03-0831
6
5.6 FW Miles
From source to Lower Creek
0
2000
6
Impaired biological integrity
Non -urban development
CATAWBA RIVER (Rhodhiss 11-(37) WS-IV&B
03-0831
5
v ^1 MN7
1,848.5 FW Acres
Lake below elevation 995) CA
From Johns River to Rhodhiss Dam
AL
2006
5
Standard violation: High pH
Source Unknown
Greasy Creek •1139-4 C
03-0831
.6
4.6 FW Miles
From source to Lower Creek
0
2000
6
Impaired biological integrity
Harper Creek ..wm.. 11-3834-14 MM CTryORW
03-0831
5rtTM
�H^M W�MdkM�
'NN
9.1 FW Miles
From source to Wilson Creek
0
1998
5
Historical listing decision: Sediment
North Carolina 303(d) List- 2006 Tuesday, June 19, 2007
Catawba Basin 03-08-39 Page 30 of 125

Catawba River Basin Subbasin 03-08-31
Assessment Impaired Year
Waterbody and Description Unit (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres
Hunting Creek 1136-(0.7) WS-IV 03-0831 6_ _. w 7.4 FW Miles
From a point 1.0 mile upstream of Burke County SR 1940 to a point 0.4 mile AL 2006 6 Impaired biological integrity Urban Runoff/Storm Sewers
downstream of Pee Dee Branch
Irish Creek 11-353-(2)b WS-III 03-0831 6 3.0 FW Miles
From Roses Creek to Warrior Fork AL 2006 . 6 Impaired biological integrity Crop -related Sources
Lower Creek 11-39-(0.5)a C 03-08-31 _ 6 tiR 8.8 FW Miles
From source to Zack's Fork
AL 2006 6
Impaired biological integrity
Urban Runoff/Storm Sewers
Lower Creek 1139-(9) WS-IV CA 03-0831
�w. 6
1.8 FW Miles
From a point 0.7 mile downstream of Bristol Creek to Rhodhiss Lake, Catawba
AL 2000 6
Impaired biological integrity
Urban Runoff/Storm Sewers
River
AL 2000 4a
Standard violation: Turbidity
Municipal Point Sources
Non -urban development
Urban Runoff/Storm Sewers
McGalliard Creek 11-44-(3) WS-IV CA 03-0831 6 3.9 FW Miles
From a point 0.6 mile upstream of mouth to Rhodhiss Lake, Catawba River AL 2006 6 Impaired biological integrity Urban Runoff/Storm Sewers
Spainhour Creek 1139-3 _ C 03-0831 6 4.7 FW Miles
From source to Lower Creek AL 2000 6 Impaired biological integrity Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Zacks Fork Creek 11-39-1 C 03-08-31 6 8.0 FW Miles
From source to Lower Creek O 2000 6 Impaired biological integrity Agriculture
Catawba River Basin Subbasin 03-08-32
Horseford Creek 11-54-(0.5) WS-IV 03-08-32 6� 0.4 FW Miles
From Frye Creek to a point 0.7 mile upstream of mouth AL 2006 6 Impaired biological integrity Urban Runoff/Storm Sewers
North Carolina 303(d) List- 2006 Tuesday, June 19, 2007
Catawba Basin 03-08-32 Page 31 of 125

Catawba River Basin Subbasin 03-08-32
Assessment Impaired Year
Waterbody and Description Unit (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres
Lower Little River 11-69-(0.5) C 03-08-32 6 14.0 FW Miles
From source to a point 0.5 mile upstream of mouth of Stirewalt Creek AL 2006 6 Impaired biological integrity Source Unknown
Catawba River Basin Subbasin 03-08-33
Killian Creeky� M11-119-2-(0.5)b C 03-08-33 6 3.2 FW Miles
From Anderson Creek to a point 1.2 miles upstream of mouth AL 2006 6 Impaired biological integrity Land Development
McDowell Creek 11-115-(1) C 03-08-03 6 1.6 FW Miles
From source to U.S. Hwy. 21 . AL 2000 6 Impaired biological integrity
McDowell Creek 11-115-(1.5)a
From U.S. Hwy. 21 to SR 2136 Mecklenburg Co
WS-IV 03-08-33
McDowell Creek 11-115-(1.5)b WS-IV 03-08-33
From SR2136 Mecklenburg Co to a point 0.7 mile upstream of mouth
6
AL 1998 6 Impaired biological integrity
6
AL 2000 6 Impaired biological integrity
Land Development
Land Development
4.4 FW Miles
2.9 FW Miles
McDowell Creek 11-115-(5) WS-IV CA 03-08-33 6 2.7 FW Miles
From a point 0.7 mile upstream of mouth to Mountain Island Lake, Catawba River AL 2000 6 Impaired biological integrity Land Development
Catawba River Basin Subbasin 03-08-34
Irwin Creek 11-137-1 C 03-08-34 6 11.8 FW Miles
From source to Sugar Creek O 2000 4a Standard violation: Turbidity Industrial Point Sources
O 2000 4a Standard violation: Fecal Coliform Municipal Point Sources
AL 1998 6 Impaired biological integrity Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
North Carolina 303(d) List 2006 Tuesday, June 19, 2007
Catawba Basin 03-08-34 Page 32 of 125

Catawba River Basin Subbasin 03-08-34
Assessment Impaired Year
Waterbody and Description Unit (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres
Little Sugar Creek 11-137-8a C 03-08-34 _ 6 11.6 FW Miles
From source to Arcdale Rd
0
2000
4a
Standard violation: Fecal Coliform
Urban Runoff/Storm Sewers
AL
2000
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Municipal Point Sources
Little Sugar Creek 11-137-8b
C 03-08-34�
6
�
_^ 6.6 FW Miles
From Arcdale Rd to NC 51
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
0
1998
4a
Standard violation: Fecal Coliform
Urban Runoff/Storm Sewers
Municipal Point Sources
Little Sugar Creek 11-137-8c
C� 03-08-04
6
3.0 FW Miles
From NC 51 to North Carolina -South Carolina State Line AL 2000 6 Impaired biological integrity Urban Runoff/Storm Sewers
0 2000 4a Standard violation: Turbidity Urban Runoff/Storm Sewers
0 2000 4a Standard violation: Fecal Coliform Municipal Point Sources
North Carolina 303(d) List- 2006
Catawba Basin 03-08-34
Tuesday, June 19, 2007
Page 33 of 125

Catawba River Basin
Subbasin
03-08-34
Assessment
Impaired
Year
Waterbody and Description Unit (AW Class
Subbasin
Use
Listed
Category and Reason for Listing
Potential Source(s)
Miles or Acres
McAlpine Creek (Waverly 11-137-9a C
03-08-34
�
6
8.5 FW Miles
Lake)
From source to SR 3356, (Sardis Rd)
. AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
0
1998
4a
Standard violation: Fecal Coliform
AL
1998
4a
Standard violation: Turbidity
McAlpine Creek (Waverly 11-137-9b C
03-08-34
R6
6.3 FW Miles
Lake)
From SR 3356 to NC 51
AL
1998
4a
Standard violation: Turbidity
Urban Runoff/Storm Sewers
AL
1998
6
Impaired biological integrity
0
2000
4a
Standard violation: Fecal Coliform
McAlpine Creek (Waverly 11-137-9c C
03-08-34
6
4.6 FW Miles
Lake)
From NC 51 to NC 521
0
2000
4a
Standard violation: Turbidity
Urban Runoff/Storm Sewers
0
2000
4a
Standard violation: Fecal Coliform
Urban Runoff/Storm Sewers
AL
2000
6
Impaired biological integrity
McAlpine Creek (Waverly 11-137-9d C
03-08-34
6
1.0 FW Miles
Lake)
From NC 521 to North Carolina -South Carolina State Line
AL
1998
4a
Standard violation: Turbidity
Urban Runoff/Storm Sewers
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
0
1998
4a
Standard violation: Fecal Coliform
McCullough Branch 11-137-7 C
03-08-34
6
3.1 FW Miles
From source to Sugar Creek
AL
1998
6
Impaired biological integrity
Surface mining
North Carolina 303(d) List- 2006 Tuesday, June 19, 2007
Catawba' Basin 03-08-34 Page 34 of 125

Catawba River Basin
Subbasin
03-08-34
Assessment
Waterbody and Description Unit (AU) Class
Subbasin
Impaired
Use
Year
Listed Category and Reason for Listing
Potential Source(s)
Miles or Acres
Sugar Creek 11-137a � C �
03-08-34
6
0.3 FW Miles
From source to below WWTP, SR 1156, Mecklenburg
AL
1998
6
Impaired biological integrity
Municipal Point Sources
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Sugar Creek ., 11-137b � _.�.� .� C
03-08-34
6
10.9 FW Miles
From SR 1156 Mecklenburg to Hwy 51
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
O
1998
4a
Standard violation: Turbidity
0
1998
4a
Standard violation: Fecal Coliform
Sugar Creek 11-137c_ C
03-08-34
6
25 FW Miles
From Hwy 51 NC/SC border
AL
2000
6
Impaired biological integrity
Urban Runoff/Storm Sewers
0
2000
4a
Standard violation: Turbidity
0
2000
4a
Standard violation: Fecal Coliform
Catawba River Basin
Subbasin
03-08-35
Clark Creek � 11-129-5-(9.5) WS-IV
03-08-35
6
_^
1.8 FW Miles
From a point 0.9 mile upstream of Walker Creek to South Fork Catawba R.
0
1998
4a
Standard violation: Fecal Coliform
Industrial Point Sources
AL
2006
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Industrial Point Sources
Clark Creek (Shooks Lake) 11-129-5-(0.3)b�� C
03-08-35
g
�
16.6 FW Miles
From Miller Branch to 0.9 mile upstream of Walker Creek
AL
1998
6
Impaired biological integrity
Intentional Channelization
Urban Runoff/Storm Sewers
Industrial Point Sources
Agriculture
Industrial Point Sources
Henry Fork �TMU� 11-129-1-(12.5)a �C
03-08-35
6�
._
10.3 FW Miles
From Laurel Creek to State Route 1124
AL
2006
6
Impaired biological integrity
North Carolina
303(d) List
2006
Tuesday, June 19, 2007
Catawba Basin 03-08-35
Page 35 of 125

Catawba River Basin
Subbasin
03-08-35
Assessment
Waterbody and Description Unit (AU) Class
Subbasin
Impaired
Use
Year
Listed Category and Reason for Listing
Potential Source(s)
Miles or Acres
Indian CreekT � 11-129-8-(6.5) � WS-IV
03-08-35
�
6
� �
5 �
6.0 FW Miles
From a point 0.3 mile upstream of Lincoln County SR 1169 to South Fork Catawba AL
2006
6
Impaired biological integrity
River
Maiden Creek ~_ ^� 11-129-5-7-2{1) WS-11 ^�
03-0835�..__m.____.__._�_
6
4.9 FW Miles
From source to a point 0.7 mile upstream from backwaters of Maiden Reservoir
AL
2006
6
Impaired biological integrity
Mauney Creek 11-129-15-5 WS-IV
� 03-0835
�
6
4.4 FW Miles
From source to Hoyle Creek
AL
2000
6
Impaired biological integrity
Municipal Point Sources
Catawba River Basin
Subbasin
03-08-36
Dallas Branch 11-129-16-7b Cm_..�.....-.,..03-08-36
�....._�,.-.
_
S
0.8 FW Miles
From Dallas WWTP to Long Creek
AL
1998
6
Impaired biological integrity
Municipal Point Sources
Catawba River Basin
Subbasin
03-08-37
Abernethy Creek �11-135-4b C
03-0837
_
6
_
1.8 FW Miles
From First Creek to Crowders Creek
AL
2006
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Catawba Creek 11-130a C
03-08-37
6
5.6 FW Miles
From source to SR2446, Gaston
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Catawba Creek 11-130b C
03-0837
6
3.1 FW Miles
From SR2446, Gaston to SR 2439, Gaston
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Municipal Point Sources
Urban Runoff/Storm Sewers
Catawba Creek,,,,,Ad.,._.�.._.._w. 11-130cC
, 03-0837.,.��....��.,�W.._.,....��.�_„6
....._._._,�_,_..,..�m,�_._...,......e_.._._.._._�__.....
.,..�_.W..�,�. w.r,..�..e._.__
.....�.._.....r..._r...�
4.9 FW Miles
From SR2439 to Lake Wylie
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
North Carolina
303(d) List-
2006
Tuesday, June 19, 2007
Catawba Basin 03-08-37
Page 36 of 125

Catawba River Basin
Subbasin 03-08-37
Assessment
Impaired
Year
Waterbodk and Description Unit (AU) Class
Subbasin
Use
Listed
Category and Reason for Listing
Potential Source(s)
Miles or Acres
Crowders Creek 11-135a C
03-08-37
6
1.9 FIN Miles
From source to SR 1118
0
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Crowders Creek 11-135c C
03-08-37
6
3.3 FW Miles
From State Route 1122 to State Route 1131
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Crowders Creek 11-136d C
03-08-37
6
7.3 FW Miles
From State Route 1131 to State Route 1108
AL
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Crowders Creek 11-135e C
03-08-37
6
1.5 FW Miles
From State Route 1108 To NC 321
0
1998
6
Impaired biological integrity
Urban Runoff/Storm Sewers
REC
2000
4a
Standard violation: Fecal Coliform
Urban Runoff/Storm Sewers
Crowders Creek 11-135f C
03-08-37
6
1.4 FW Miles
From State Route 321 to State Route 2424
0
1998
6
Impaired biological integrity
Industrial Point Sources
REC
2000
4a
Standard violation: Fecal Coliform
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
Crowders Creek 11-135g C
03-08-37
6
1.5 FW Miles
From State Route 2424 to North Carolina -South Carolina State Line
REC
2000
4a
Standard violation: Fecal Coliform
Industrial Point Sources
AL
2006
6
Impaired biological integrity
Urban Runoff/Storm Sewers
Urban Runoff/Storm Sewers
McGill Creek 11-136-2 C
03-08-37
6
3.3 FW Miles
From source to Crowders Creek
AL
1998
6
Impaired biological integrity
Catawba River Basin
Subbasin
03-08-38
Sixmile Creek 11-138-3 C
03-08-38
6
8.8 FIN Miles
From source to North Carolina -South Carolina State Line
AL
2006
6
Impaired biological integrity
Urban Runoff/Storm Sewers
North Carolina
303(d) List- 2006
Tuesday, June 19, 2007
Catawba Basin 03-08-38
Page 37 of 125

Catawba River Basin
Subbasin 03-08-38
Assessment
Waterbody and Description Unit (AU) Class
Subbasin
Impaired
Use
Year
Listed Category and Reason for Listing
Potential Source(s) Miles or Acres
Impaired Uses
Catawba Summary Information
FW- Freshwater
AL- Aquatic Life REC- Recreation
S- Salt water
Category
Miles and Acres
Category Count of AUs
Shellfish Harvesting Fish Consumption
2
44,533.0
FW Acres
2 86
O- Overall
3
263.1
FW Acres
3 837
4a
4,019.6
FW Acres
4a 8
5
1,848:5
FW Acres
4b 1
2
560.9
FW Miles
5 2
3
2,219.2
FW Miles
6 51
4a
34.4
FW Miles
4b
0.8
FW Miles
5
9.1
FW Miles
6
246.6
FW Miles
Chowan River Basin
Subbasin 03-01-01
CHOWAN RIVERW 25al B NSW
03-01-01
5
1.8 FW Miles
From North Carolina -Virginia State Line to near Riddicksville
0
1998 5 Standard violation: Low Dissolved
Agriculture
Oxygen
Intensive Animal Feeding
FC
2002 5 Fish Advisory- Mercury
Operations
CHOWAN RIVER 25a2 B NSW 03-01-01 5 38.0 FW Miles
From near Riddicksville to the subbasin 03-01-01/03-01-03 boundary FC 2002 5 Fish Advisory- Mercury Industrial, Municipal
Atmospheric Deposition
Wiccacon River (Hoggard 25-14 C NSW 03-01-01 6 22.5 FW Miles
Swamp)
From source to Chowan River AL 1998 6 Impaired biological integrity
Chowan River Basin Subbasin 03-01-02
Bells Branch 25-4-8-10 C NSW 03-01-02 6 � - 4.6 FW Miles
From source to Potecasi Creek 0 1998 6 Impaired biological integrity
North Carolina 303(d) List- 2006
Chowan Basin 03-01-02
Tuesday, June 19, 2007
Page 38 of 125

MU ici alit es with`
WS Watersheds — Asheville Region
Town
Contact
Phone
County
WS
Asheville
828-251-1122
Buncombe
WS-I
Beech
Mountain
Keith Cook
828-387-4236
Avery
WS-II-CA, WS-II-BW
Blowing Rock
Kevin Rothrock
828-295-5240
Caldwell
WS-II-CA, WS-IV-PA
Cajah's
Mountain
WPCOG
828-322-9191
Caldwell
WS-IV-PA
Canton
Rosemary
Greene
828-648-2363
Haywood/
Buncombe
WS-III-CA
Drexel
Matt Settlemyer
828-437-7421
Burke
WS-IV-PA
Ellenboro
Rutherford
County
Rutherford
WS-IV-PA
Gamewell
WPCOG
828-322-9191
Caldwell
WS-IV-PA
Granite Falls
Greg Wilson
828-396-3131
Caldwell
WS-IV-CA, WS-IV-PA
Highlands
Richard Betz
828-526-2118
Macon
WS-II-CA,WS-II-
BW,WS-III-CA, WS-III-
13W
Hildebran
Ella Caudle
828-397-5801
Burke
WS-IV-PA
Hudson
Jon Pilkenton
828-728-8272
Caldwell
WS-IV-PA
Laurel Park
Jim Ball
828-693-4840
Henderson
WS-IV-PA
Long View
Russ Cochran
828-322-3291
Burke/Catawba
WS-IV-PA
Maggie Valley
Tim Henson
828-926-0866
Haywood
WS-II-BW
Mars Hill
Madison
County
Madison
WS-II-BW
Mills River
Henderson
County
Henderson
WS-II-BW
Morganton
Lee Anderson
828-438-5270
Burke
WS-III-BW,WS-IV-
CA,WS-IV-PA
Rhodhiss
828-396-8400
Burke/Caldwell
WS-III-CA, WS-III-BW
Robbinsville
Graham County
828-479-7961
Graham
WS-III-CA
Rutherfordton
Donald
Hutchins
828-287-9508
Rutherford
WS-IV-PA
Sawmills
Bob Frye
828-396-7903
Caldwell
WS-IV-CA, WS-IV-PA
Valdese
Larry Johnson
828-879-2124
Burke
WS-IV-CA, WS-IV-PA
19 municipalities in Asheville region that administer their own WS protection program.
12/3/2007

Program History
Page 1 of 2
N. s��* search: 0 'G0
V 1" . C .Division o f J,'Vater Quality about the division j contact us I dwq sections I glossary
JUF.SL' 'To presence, prglecl ir
row
t
and enhance w ,
North Carolina's water.A
home > sections > water quality > Water Supply Watershed
Program History
History of the N. C. Water Supply Watershed Protection Program
• 1986
Voluntary Program
• 1989
Ratification of House Bill 156
• 1990
Public Meetings
• 1992
Reclassifications and rules ,
• 1993
4 Local ordinances due
• 1995
Amendments
• 1997
Program challenged in NC Supreme Court
1986: The Environmental Management Commission and the Division of Water Quality (DWQ) have administered a Water Supply
Protection Program since 1986. Initially, the program was administered voluntarily by counties and municipalities pursuing protective
measures for their water supply watersheds. The measures included limitations on the number and type of wastewater discharges which
were allowed in the water supply watersheds. These limits were administered by the Division of Water Quality; and, in turn, local
governments would adopt and enforce land use control ordinances to protect surface waters from nonpoint pollution sources, namely
stormwater runoff.
1989: In time, it became apparent that minimum statewide water supply protection measures were necessary, especially where multiple
local governments had land use jurisdiction within a single water supply watershed. In 1989, the North Carolina General Assembly
ratified the Water Supply Watershed Protection Act (the Act), codified as General Statutes 143-214.5 and 143-214.6. The Act mandated
the Environmental Management Commission to adopt minimum statewide water supply protection standards by January 1, 1991 and to
reclassify all existing surface water supply watersheds to the appropriate classification by January 1, 1992. These dates were modified by
the General Assembly in 1991.
1990: Over 40 informational meetings and workshops were conducted across the state to present the requirements of the Act and the
proposed water supply protection rules. Eight public hearings on the Rules were held across the state in August of 1990 and were
attended by over 800 people, with 160 providing verbal comments. In addition, over 1600 pages of written comments were received.
The Environmental Management Commission adopted the Rules in December 1990 in compliance with the January 1, 1991 deadline.
However, since the surface water supplies had not yet been reclassified, the Commission postponed the effective date of implementation.
1992: Division staff worked with local governments in determining the location of all surface water intakes and existing land use within
the water supply watersheds. This information, in conjunction with information on the types and location of wastewater discharges, was
used to determine the appropriate classification for the 208 surface water supplies in the state. Twelve public hearings were held on the
reclassifications during August of 1991 in order to receive comments. The Commission also decided to bring the adopted Water Supply
Watershed Protection Rules with proposed modifications back to public hearing. Over 2400 people attended the public hearings with
more than 400 making verbal comments. Over 3000 written comments were received. The final version of the Water Supply Watershed
Protection Rules were made effective on February 13, 1992. The Environmental Management Commission reclassified all of the surface
water supplies on May 14, 1992 and the classifications became effective in August of 1992.
1993: The Water Supply Watershed Protection Rules adopted in 1992 required that all local governments having land use jurisdiction
within water supply watersheds adopt and implement water supply watershed protection ordinances, maps, and a management plan. The
Rules required all municipalities with a population greater than 5000 to submit their adopted ordinances to the Commission by July 1,
1993. Municipalities with populations less than 5000 were to submit their ordinances by October 1, 1993. And all affected counties were
scheduled to submit their ordinances by January 1, 1994. In order to assist local governments, a model ordinance was approved by the
Commission on July 9, 1992. This document suggests appropriate language for adopting an ordinance under the general adoption
powers; however, the language is useful for local governments adopting their ordinances as zoning overlay districts and also for local
governments implementing the Rules by amending their subdivision regulations.
1995: All local governments subject to the regulations have submitted ordinances in compliance with the statutory deadlines; however,
as of the time of publication of this document, not all of the ordinances have been reviewed and approved by the Environmental
Management Commission. The Division of Water Quality works closely with local governments to assist in the implementation of the
required local programs. Division staff have met individually with local government officials and planners, and have conducted numerous
public information sessions and workshops across the state. During this information exchange, many local governments expressed the
need for more flexibility in the administration of the Water Supply Watershed Protection Program. The Division of Water Quality
responded to these concerns by proposing amendments to the Water Supply Watershed Protection Rules to allow more flexibility in the
local government watershed protection regulatory process. The amendments were approved by the Environmental Management
Commission on June 8, 1995 and became effective on August 1, 1995.
http://h2o.enr.state.nc.us/wswp/ProgramHistory.htm 1 /5/2009

GUIDE :TO SURFACE . ;FRESHWATER-yCLASSIFICATiONS IN ``°NORTH CAROLING °
DEVELOPMENT ACTIVITIES
ALLOWABLE DENSITY
Surface Freshwater
Classification
WASTEWATER
LOW DENSITY OPTION
EROSION&
AGRNULTURE
BEST MANAGEMENT
.FORESTRY
SESTMANAGEMENT
TRANSPORTATION
BESTIIANAGEMENT
LANDFILLS
DAM91
WATER
AREA
AFFECTED
DISCHAROSS
ALLOWED'
STREAK
.a•.a.q enn GN DENSITY OPTION' BUFFERS"•+'
SEDIMENTARON
CONTROLS"
PRACTICES
MANDATED"
PRACTCE9
MANDATED"
PRACTICES
MANDATED
ALLOWED
RESOURCES
PROJECTS
DWQ Prima Classifications
WATER SUPPLY - I
Entire
WaterSupPly
None Allowed
Nona
—
None
—
NA
More
Stringent
Yes"
Yes �'
w—
aro.
None Allowed
No Spedfi.
(WS-p'
Watershed
Untlevelopetl
Und...loped
R.I., Apply
-
Fwmai m
Restrictions
1/2 Mile
General
1 du 12 ac or
6-24%
Low Density: - 30'
Mora
NO
No
Critical
Permits°
6% Built Upon
Built Upon
High ComityIOD'
Stringent
Yes+'
Yes
New
Speclnc
WATER SUPPLY - II
re
Aa'
Area
Area
Rules Apply�w'h]s
Lsndflls
Resmcdona
Rest
m Genit
1 tlu I I sic or
12-30%
Low Density - 30'
More
No New
No
(WS-II)'
el
Permits'
12% Built Upon
Built Upon
High Density- 100
Slnngem
Yes
Yes
Discharging
Specific
Watershed
Area
Area
Rules Apply
0.._,,m
Landfill,]+
Resmcdona
la MUe
General
1 du I I ac ar
12.30%
Law Density - 30'
Standard
No
No
Critical
Permits
12% Built Upon
Built Upon
High Density- 100'
Rule,
Yee"
Yes •
Yes'New
Specific
WATER SUPPLY - III
Are.'
Area
Are.
Lanolin.
Roatd.11—
Real,
Domestic &
I du / 1/2 ac or
24-50%
Low Density - 30'
Standard
No New
No
of
Non -Process
24% Built Upon
Built Upon
High Density- 100'
Rule.
Yes
Yes
Yea'•
Discharging
Specific
Watershed'
Industrial
Area
Area
Landf11.21
Resections
in Mile
Domestic
1 du 1112 ac er
24-50%
Lew Density - 30'
Standard
No
No
Critical
and
24% Built Upon
pon
Built Upon
High Denstry - 100'
Rules
Yes"
Yes
Yea]•
New
Specific
WATER SUPPLY - IV
Area'
lnduahiaP
Area
Area
landfills
Revdodona
(WS-IV)'
Pets ad
Demesne
I du f 1/2 ac or
24-70%
Low Density - 30'
Standard
No
No
Area'
and
24% Built Upon
Buih Upon
High Density - 100-
Rules
Yea
Yes
Yetl
Specific
Specific
Industrial
Area•'
Area'•
Resmcdona
—anchor.
WATER. SUPPLY - V
River
Domestic
None
'Standard
- - -
Applies
No
No
$-
Segment
and
Industrial
No Restrictions
Required
Rules
Yes
Yes
As
Practical
SPoona
.Resection.
specific
Restickers
Receiving
Domestic &
None"
Standartl
No Specific
No
No
CLASS B
Shea.
Industrial
No Restrictions"
Required
Rules
Yes
Yea
BMPe
Specific
Specific
B)
plrhEMYRNvee4obl
Required
R.0,10ions
Restrlalons
Receiving
Domestic
None r.
Standard
No Specific
No
No
CLASS' C
SI-.-
and
No Restrictions"
Required
Rules
Yes
Yes
'amps
Specific
Speck
(C`
Industrial
Required'
Rosined...
Reatrlctions
DWO SuoDlemental Classifications
NUTRIENT SENSITIVE WATERS
Entire Watershed
Domealk &
None tx
Standard
No
No
No
or
Industrial
Not Applicable
Ro41red
Rules
Yes"
Yea
Specific
Specific
Specific
(NSW)
River; Be.(.
INdrarllunwai Aal:iedl.
a25'
BMPe Required
RestOctlone
Restrictions
DWQ TROUT WATERS
Raceiving Sit
Domestic &
V.,. Buffer
Standard Rule,
No
No
JR)
and 25'
Buffer Area
Intlustrlal
(SHU r—goeral
-No Reslricii0na
Bahmen Stream
& Girded Ares°
Plus Special
Buffer Zena
Va.'.
Yes
E PM
Specifc
Resectiana
Specific
Restrictions
Within I Mile
D.—N. &
1 111 at. or
No U.'
Low Dandily
More
Strider N.C. Div.
New Discharging
No
HIGH QUALITY WATERS
from and
Industrial
12% Budl Uen
SDeeital
— 30,1
Seng.M
Yes"
Yes
of Land Resources
Landfills
specific
(HQW)
D.ining Io
ISTminientsusci
Area'°
hue—dexceset
High Density
Rules
Erosion
Possibly
Restrichens
Claesifled Water
NasalasblD'edtwl
Nd&Nas W1-dtahq'•
-N.A.
Apply
Controls Apply
Restricted
OUTSTANDING RESOURCE WATERS
N---Ily
No New
1 tlu I ac. or
No Limit
Low Density
Me,
e
StridN.C. Div.
No
No
(ORW)
Entire
Watershed
Discharges
12% Built Upon
Area's
Specified
oiuu rune ah,
— 3W
High Density
Stringent
Rules
Yea'a
Yes
of Land Resources
Eros on
New
Discnarging
Specific
Restrictions
(Drainage Area)
Expansion.
-
rrdb° W %rxGA1-
— N.A.
Apply
Controls Apply
Landfills
SWAMP WATERS $W
( )
Receiving
Stream
No Specific
Restrictions
NO RESTRICTIONS
one
Raq.lad
Standard
Rules
Yas1°
Yes
No
Specific
No
spa cKc
No
Specific
BMPe Required
Restrictions
Restrictions
Other Agency Classifications
Riy.r
No
No Specific Restrictions
Standard
No
No
May be
FEDERAL WILD & SCENIC RIVERS
C.Mdar'
Specific
(Slate encourages local governments to regulate
Rules
Yeat'
Yes
Specific
SO aft
Restricted /
(U.S. FOREST SERVICE. NATIONAL PARK SERVICE, ETC.
Reslnctiona
land use but is not mandatory)
amps neaten,
Restrictions
Prohibited
N.C. NATURAL & SCENIC RIVERS
firritlber
No
No Specific Restriction.
standard
No
No
Maybe
(N.C. DIVISION OF PARKS AND RECREATION)
Specific
Restrictions
Restrictions
(Federal g—nornenl oaks local ggvmnmenls
to regulate land use, but is not mandatory)
Rules
Yes"
Yes
Specific
BMPe Required
Specific
Restrictions
Restricted I
Prohibited
DESIGNATED PUBLIC MOUNTAIN TROUT WATERS?'
Design. ad
No
No Specific Re,hlohem
standard
No
No -
No
(N.C. WILDLIFE RESCURCES COMMISSION)
Waters
SpeeIn,
Reahidbns
(This d... fleafte Is for fishery
snag —el, purpo..s only)
Rule.
yea"
Yes
Specific
BMPe Required
Specific
ReaecUon.
Specific
Restrictions
NOTES:
1. Public water supplies are also subject to protection rules administered by the N.C. Division of Environmental
Health, especially DEH designated Class I and II reservoirs.
2. In an effort to protect trout streams, the U.S. Army Corps of Engineem' rules for the 25 western counties in the
state require certain dredge and fill activities to obtain special Corps approval.
3. Critical Area Is 112 mile and draining to water supplies as measured from the normal pool elevation of reservoirs,
or 112 mile and draining to a river Intake.
4, Protected Area Is 5 miles and draining to water supplies as measured from the normal pool elevation of reservolre,
or 10 miles upstream of and draining to a river Intake. However, in some cases the Protected Area can encompass
the entire drainage area.
S. Area Is 114 mile wide from each bank for a "study" river corridor. Legal boundary description with no more than
320 acres per mile average for "designated" rivers.
6. The
corridor boundaries shall be the visual horizon or such distance from each shoreline as may he necessary,
but net less than 20 feet. The state is authorized to carry out protection/management activities within this
boundary.
7. Where no practical alternative exists, treated discharge from groundwater mmodlalion projects addroseing water
quality problems will be allowed.
B. General pormits cover relatively Insignificant wastewater discharges such as swimming pool filter baekwashos.
9. New industrial process wastewater discharges are allowed but will require additional treatment requirements.
10. Those Mars apply only to projects requiring a Sedimentation and Erosion Control Plan.
If. 113 acre lot or 36 percent built upon surface area Is allowed for projects without a curb and gutter street system.
12. High Density Option requires control of runoff from the first 1 Inch of rainfall through use of engineered stormwater
controls. Local governments must assume ultimate responsibility far operation and maintenance of stonewator
controls.
13. Buffers, for low and high density options are applicable to perennial waters and shorelines; however, an unique
management strategy with different buffer requirements applies to Randleman Reservoir (15A NCAC 2B .0248.
.0261).
14. Riparian Buffer Protection Rules specifically applied to the surface waters of the Neuse River Basin and Tat.
Pamlico River Basin went Into affect In August 2000. Fifty foot buffers are required for waters classified as NEW
in these two basins and these buffers are measured differently than buffers required by other classifications.
15. Erosion and sedimentation controls are those specified under the N.C. Sedimentation Pollution Control Act
(administered by the N.C. Division of Land Resources) or local government ordinances.
16. All agricultural activities are subject to provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990.
17. Agricultural activities must maintain a 10-foot vegetated buffer from perennial surface waters or equivalent control
as determined by the Soil and Water Conservation Commission.
18. Statewide rules administered by DWO require certain size animal feedlots to have permit coverage and approved
animal waste management plans, as well as to Implement buffer zones between newly constructed waste facilities
f waste application areas and perennial surface waters. In the Nauss River Basin and Tar -Pamlico River Basin, any
agricultural operation I. required either to became part of a collective local strategy for implementing amps or to
Implement standard Ei
19. SIIVlculture seUVItles are sublact to the provisions of the Forest Pm,ticos Guidelines related to water quality.
Activities on U.S. Forest Service lands are also subject to federal forest management guidelines.
20. The Department of Transportation must use BMPe as described In their document, "Beat Management Practices
For Protection of Surface Waters" (March 1997).
21. -Discharging" landfills are those that must obtain a National Pollutant Discharge Elimination System permit from
DWQ to discharge treated leaehate to surface waters.
22. The following stormwater management requirements are applicable to development activities requiring a CAa1A
major permit or Sedimentation and Erosion Control Plan In the 20 coastal counties:
Minimum euffor
Roqulrememe
Minimum
Bulll upon Aras
Roqulre ,rs
Engina,md stormwat , Control System
• Infiltration, D.Wnllon Pond, and Alternative Systems allowed.
• Systems must control runoff from 1.0 Inch of rainfall.
• Refer to Stormwamr Man. Bement rule for specific design
Low Density Option:
Low Density Option:
30 ft. from surf... w,tors
30 percent
Inlgrmatlon.
NOTE: The Information presented in this document Is based on the state miss as of January 2001. Water quality classifications
and rules are regularly updated and revised. Contact the appropriate agencies for current cI... Iflcatlons and rules.
MAIN CONTACTS FOR INFORMATION
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lar,l nas]n Ea tErel n+�snt
'ryH60i�euxa aFs0Va0Ee • oxNtasioH w..
>ten e-tn+ letEl]n�]ES Leo]
Iiinl n]an,ree

<Water Supply Watershed Classifications>
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N. C. Division of Mater Oualit
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and enhance }
North Carolinas ,!hater
home > sections > swps > wetlands and stormwater > wswp home
Water Supply Watershed Classifications
Water Supply I Watersheds
search: 0'"Go
about the division I contact us I dwq sections I glossary
WATER SUPPLY WATERSHED CLASSIFICATIONS
Waters used as sources of water supply for drinking, culinary, or food processing purposes for those
users desiring maximum protection for their water supplies. WS-I waters are those within essentially
natural and undeveloped watersheds with no permitted point source (wastewater) discharges.
WS-I watersheds are entirely composed of publicly owned land and comprise just 0.2% of the total state
land area.
Dischargers: None
Allowable Development: None
Water Supply II Watersheds
Waters used as sources of water supply for drinking, culinary, or food processing purposes for those
users desiring maximum protection for their water supplies where a WS-I classification is not feasible.
WS-II waters are generally located within predominantly undeveloped watersheds.
WS-II Critical Area
Dischargers: General Permits
Allowable Development:
Low Density Option: ldu/2ac or 6% built -upon area
High Density Option*: 6-24% built -upon area
(* Required to control the 1" storm)
10/70 Provision: Not allowed
Residuals application: No new sites allowed
Landfills: No new landfills
Agriculture BMPs: Required
WS-II Balance of Watershed
Dischargers: General Permits
Allowable Development:
Low Density Option: ldu/ac or 12% built -upon area
High Density Option*: 12-30% built -upon area
(* Required to control the 1" storm)
10/70 Provision: Allowed
Residuals application: Allowed
Landfills: No new discharging
Agriculture BMPs: Not required
Water Supply III Watersheds
Waters used as sources of water supply for drinking, culinary, or food processing purposes for those
users where a more protective WS-I or WS-II classification is not feasible. WS-III waters are generally
located within low to moderately developed watersheds.
WS-III Critical Area
Dischargers: General Permits
Allowable Development:
Low Density Option: ldu/ac or 12% built -upon area
High Density Option*: 12-30% built -upon area
(* Required to control the 1" storm)
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<Water Supply Watershed Classifications>
Page 2 of 3
10/70 Provision: Not allowed
Residuals application: No new sites
Landfills: No new landfills
Agriculture BMPs: Required
WS- III Balance of Watershed
Dischargers: General Permits; Domestic and Non -process Industrial
Allowable Development:
Low Density Option: 2du/ac or 24% built -upon area
High Density Option*: 24-50% built -upon area
(* Required to control the 1" storm)
10/70 Provision: Allowed
Residuals application: Allowed
Landfills: No new discharging landfills
Agriculture BMPs: Not required
Water Supply IV Watersheds
Waters used as sources of water supply for drinking, culinary, or food processing purposes for those
users where a WS-I, WS-II, or WS-III classification is not feasible. WS-IV waters are generally located
within moderately to highly developed watersheds.
WS-IV Critical Area
Dischargers: Domestic and Industrial
Allowable Development:
Low Density Option: 2du/ac or 24% built -upon area
High Density Option*: 24-50% built -upon area
(* Required to control the 1" storm)
10/70 Provision: Not allowed
Residuals application: No new sites
Landfills: No new landfills
Agriculture Best Management Practices: Required
WS-IV Protected Area
Dischargers: Domestic and Industrial
Allowable Development:
Low Density Option: 2du/ac or 24% built -upon area
High Density Option*: 24-70% built -upon area
(* Required to control the 1" storm)
10/70 Provision: Allowed
Residuals application: Allowed
Landfills: Allowed
Agriculture Best Management Practices: Not required
Link to Summary Table of Water Supply Watershed Classifications
Link to Frequently Asked Questions (FAQs)
Return to the Water Supply Watershed Protection Program Home Page
+top of page
512 N. Salisbury St. Raleigh, NC 27604 . [phone]
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GS_143-214.5
Page 1 of 3
§ 143-214.5. Water supply watershed protection.
(a) Policy Statement. — This section provides for a cooperative program of water supply
watershed UKTR-ge =� �ent a�u pr�oi t=iF o be administered by local governments consistent with
minimum s atewi e management requirements established by the Commission. If a local
government fails to adopt a water supply watershed protection program or does not adequately
carry out its responsibility to enforce the minimum water supply watershed management
requirements of its approved program, e he
redu;M,7 � � �e��ti The reduction ot agriculturall nonpoint source d" char e sh 11
be accomplished primarily through the Agriculture Cost Share Program for Nonpoint Source
Pollution Control.
(b) Development and Adoption of Water Supply Watershed Classifications and
Management Requirements. — The Commission shall adopt rules for the classification of water
supply watersheds and that establish minimum statewide water supply watershed protection
requirements applicable to each classification to protect surface water supplies by (i) controlling
development density, (ii) providing for performance —based alternatives to development density
controls that are based on sound engineering principles, or (iii) a combination of both (i) and
(ii). The Commission may designate water supply watersheds or portions thereof as critical
water supply watersheds and impose management requirements that are more stringent than the
minimum statewide water supply watershed management requirements. The Commission may
adopt rules that require that any permit issued by a local government for a development or
construction activity conducted by that local government within a designated water supply
watershed be approved by the Department prior to issuance. Any variance from the minimum
statewide water supply watershed management requirements must be approved by the
Commission prior to the issuance of a permit by a local government. Except as provided by
G.S. 153A-347 and G.S. 160A-392, the power to implement this section with respect to
development or construction activities that are conducted by State agencies is vested exclusively
in the Commission.
(c) Classification of Water Supply Watersheds. — The Commission shall assign to each
water supply watershed in the State the appropriate classification with the applicable minimum
management requirements. The Commission may reclassify water supply watersheds as
necessary to protect future water supplies or improve protection at existing water supplies. A
local government shall not be required to submit a revised water supply watershed protection
program to the Commission earlier than 270 days after it receives notice of a reclassification
from the Commission.
(d) Mandatory Local Programs. — The Department shall assist local governments to
develop water supply watershed protection programs that comply with this section. Local
government compliance programs shall include an implementing local ordinance and shall
provide for maintenance, inspection, and enforcement procedures. As part of its assistance to
local governments, the Commission shall approve and make available a model local water
supply watershed management and protection ordinance. The model management and protection
ordinance adopted by the Commission shall, at a minimum, include as options (i) controlling
development density, (ii) providing for performance —based alternatives to development density
controls that are based on sound engineering principles, and (iii) a combination of both (i) and
(ii). Local governments shall administer and enforce the minimum management requirements.
Every local government that has within its jurisdiction all or a portion of a water supply
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GS 143-214.5 Page 2 of 3
watershed shall submit a local water supply watershed management and protection ordinance
to the Commission for approval. Local governments may adopt such ordinances pursuant to
their general police power, power to regulate ,the subdivision of land, zoning power,. or any
combination of such powers. In adopting a local ordinance that imposes water supply watershed
management requirements that are more stringent than those adopted by the Commission, a
county must comply with the notice provisions of G.S. 153A-343 and a municipality must
comply with the notice provisions of G.S. 160A-384. This section shall not be construed to
affect the validity of any local ordinance adopted for the protection of water supply watersheds
prior to completion of the review of the ordinance by the Commission or prior to the assumption
by the Commission of responsibility for a local water supply watershed protection program.
Local governments may create or designate agencies to administer and enforce such programs.
The Commission shall approve a local program only if it determines that the requirements of the
program equal or exceed the minimum statewide water supply watershed management
requirements adopted pursuant to this section.
(d 1) A local ordinance adopted to implement the minimum statewide water supply
watershed management requirements applicable to agriculture and silviculture activities shall be
no more restrictive than those adopted by the Commission. In adopting minimum statewide
water supply watershed management requirements applicable to agriculture activities, the
Commission shall consider the policy regarding agricultural nonpoint source discharges set out
in subsection (a) of this section. The Commission may by rule designate another State agency to
administer the minimum statewide water supply watershed management requirements applicable
to agriculture and silviculture activities. If the Commission designates another State agency to
administer the minimum statewide water supply watershed management requirements applicable
to agriculture and silviculture activities, management requirements adopted by local
R-overnments shall not apply to such activities.
local water supply watershed protection program until it or its designee notifies the local
government in writing by certified mail, return receipt requested, of local program deficiencies,
recommendations for changes and improvements in the local program, and the deadline for
compliance. The Commission shall allow a local government a minimum of 120 days to bring
its program into compliance. The Commission shall order assumption of an approved local
program if it finds that the local government has made no substantial progress toward
compliance. The Commission may make such finding at any time between 120 days and 365
days after receipt of notice under this subsection by the local government, with no further notice.
Proceedings to review such orders by the Commission shall be conducted by the superior court
pursuant to Article 4 of Chapter 150B of the General Statutes based on the agency record
submitted to the Commission by the Secretary.
(f) State Enforcement Authority. — The Commission may take any appropriate
preventive or remedial enforcement action authorized by this Part against any person who
violates any minimum statewide water supply watershed management requirement.
(g) A local government that fails to adopt a local water supply
watershed protection program as required by this section or willfully fails to administer or
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GS 143-214.5 Page 3 of 3
enforce the provisions of its program in substantial compliance with the minimum statewide
water supply watershed management requirements aRH be s� �, ila je i to a U iv eni ' p trsu z t to
G.S. 143-215.6A(e). In any area of the State that is not covered by an approved local water
supply watershed protection program, any person who violates or fails to act in accordance with
any minimum statewide water supply watershed management requirement or more stringent
management requirement adopted by the Commission for a critical water supply watershed
established pursuant to this section shall be subject to a civil penalty as specified in G.S.
143—215.6A(a)(7).
The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(h) Planning Grants to Local Governments. — The Secretary may make annual grants to
local governments for the purpose of assisting in the development of local water supply
watershed protection programs. The Secretary shall develop and administer generally applicable
criteria under which local governments may qualify for such assistance. Such criteria shall give
priority to local governments that are not then administering zoning ordinances in affected water
supply watershed areas.
(i) Every State agency shall act in a manner consistent with the policies and purposes of
this section, and shall comply with the minimum statewide water supply watershed management
requirements adopted by the Commission and with all water supply watershed management and
protection ordinances adopted by local governments. (1989, c. 426, s. 1; 1991, c. 342, s. 9; c.
471, s. 2; c. 579, s. l; 1991 (Reg. Sess., 1992), c. 890, s. 14; 1998-215, s. 62.)
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Watershed Ordinance
of
= _ : McDowell
County, North Carolina
=
Table of Contents
Article 100: - ` = :.: -'.-,----Authority and
General Regulations
Section 101.
Authority and Enactment
Section 102.
Jurisdiction
=_- Section 103.
Exceptions to Applicability
Section'l04.
Repeal of Existing Watershed Ordinance
::Section 105.
Criminal Penalties
Section 106.
Remedies
- = Section 107.
Severability
Section 108.'
Adoption Date
- `Section 109.
Effective Date
Article 200: - Subdivision Regulations
` -section 20.1.
General Provisions
Section 202:
Subdivision Applicationand Review Procedures
Section 203.
Subdivision Standards and Required
_
Improvements
Section 204.
Construction Procedures
Section~205.
Penalties for Transferring Lots in Unapproved
Subdivisions
Article 300: Development Regulations
Section 301,
Section 302.
E-
Section 303.
Section 304.
Section 305.
Section 306.
Section 307.
Section 308.
JSection 309.
Section 310.
Establishment of Watershed Areas
Watershed Areas Described
Cluster Development
Buffer areas Required
Rules Governing the Interpretation of
Watershed Area Boundaries
Application of Regulations
Existing Development
Watershed Protection Permit
Building Permit Required
Watershed Protection Occupancy Permit
Page
1-3
1
1
1-2
2
2
2-3
3
3
3
4-6
4
4
6
6
6
7-13
7
7-10
10
11
11
11-12
I2
12-13
13
13

Article 400: Public Health Regulations
14
Section 401.
Public Health, in General
14
Section 402.
Abatement
14
Article 500: Administration, Enforcement and Appeals
14-20
Section 501.
Watershed Administrator and Duties thereof
14-15
Section 502.
Appeal from the Watershed Administrator
15
Section 503.
Changes and Amendments to the Watershed
16.
Protection Ordinance
Section 504.
Public Notice and Hearing Required
16
Section 505.
Establishment of Watershed Review Boards
16
Section 506.
Rules of Conduct for Members
17
Section 507.
Powers and Duties of Watershed Review Board
17-20
Section 508.
Appeals from the Watershed Review Board
.
20
Article 600: Definitions
21-25
Section 601.
General Definitions
21-25
i Section 602.
Word Interpretation
25
'w
l
'
I

WATERSHED ORDINANCE
OF
MCDOWELL COUNTY, NORTH CAROLINA
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Authority and.Enactment.
The Legislature of the State of North Carolina has, in Chapter 153A, Article 6, Section
121, General Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or directed local governmental units to adopt regulations designed to
promote -the public health, safety, and general welfare of its citizenry. The McDowell County
Board of Commissioners does hereby ordain and enact into law the following articles as the
Watershed Protection Ordinance of McDowell County,
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water
Supply Watershed by the N.C. Environmental Management Commission and shall be. defined and
established on the map entitled, "Watershed Protection Map of McDowell County, North
Carolina" ("the Watershed Map"), which is adopted simultaneously herewith. The Watershed
Map and all explanatory matter contained thereon accompanies and is hereby made a part of this
Ordinance. This Ordi_nance,shall be permanently kept on file in the office of the McDowell
County Clerk.
Section 103. Exceptions to Applicability.
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or
regulation, or any ordinance. or regulation pertaining thereto except any ordinance which these
regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or
restrict any provisions of the Code of Ordinances of McDowell County; however, the adoption of
this Ordinance shall and does amend any and all ordinances, resolutions; -and regulations in effect
in McDowell County at the time of the adoption. -of this Ordinance that may be construed to
impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere. -with any easement, covenants or
other agreements between parties. However, if the provisibn"s of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.

(C) Existing development, as defined in this ordinance, is not subject to the requirements
of this ordinance. Expansions to structures classified as existing development must meet the
requirements of this ordinance, however, the built -upon area of the existing development is not
required to be included in the density calculations.
(D) If a nonconforming lot of record is not contiguous to any other lot owned by the
same party, then that lot of record shall not be subject to the development restrictions of this
ordinance if it is developed for single-family residential purposes. Any lot or parcel created as
part of a family subdivision after the effective date of these rules shall be exempt from these rules
if it is developed for one single-family detached residence and if it is exempt from local
subdivision regulation. Any lot or parcel created as part of any other type of subdivision that is
exempt from a local subdivision ordinance shall be subject to the land use requirements (including
impervious surface requirements) of these rules, except that such a lot or parcel must meet the
minimum buffer requirements to the maximum extent practicable.
Section 104. Repeal of Existing Watershed Ordinance.
This ordinance in part carries forward by re-enactment; some of the Watershed
Ordinance of McDowell County, North Carolina (adopted by the Board of Commissioners on
December 6, 1993 as amended), and'it is not the intention to repeal but rather to re-enact and
continue in force such existing provisions so that all rights and liabilities that have accrued
thereunder are preserved and may be enforced. All provisions of the Watershed Ordinance which
are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions
resulting from the violation of any ordinance provisions heretofore in effect, which are now
pending in any court of this state or of the United States, shall not be abated or abandoned by
reason of the adoption of this ordinance, but shall be prosecuted to their finality the same as if this
ordinance had not been adopted; and any and all violations of.the existing Watershed Protection.
Ordinance, prosecutions for which have not yet been instituted; may be hereafter filed and
prosecuted; and nothing in this ordinance shall be so construed as"to'abandon, abate or dismiss .
any litigation or prosecution now pending and/or which may heretofore- have been instituted or
prosecuted.
Section 105. Criminal Penalties.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor
and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for
each offense shall not exceed $500.00. Each day that the violation continues shall constitute a
separate offense.
Section 106. Remedies.
(A) If any subdivision, development and/or land -use is found to be in violation of this
Ordinance, the McDowell County Board of Commissioners may, in addition to all other remedies
available either in law or in equity, institute a civil penalty in the amount of $100.0.0, action or
proceedings to restrain, correct, or abate the'violation; to prevent occupancy of the building;
2

structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.
In addition, the N_ .C. Environmental Management Commission may assess civil penalties in
accordance with:G.S. 143-215.6(a). Each day that the violation continues shall constitute a
separate offense.
- z
-= = (B) If the Watershed Administrator finds that any of the provisions of this ordinance are
being violated, he shall notify in writing the person responsible for such violation, indicating the
nature of the violation, and ordering the action necessary to correct it. He shall order
discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or
structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal
work being done; or shall take any action authorized by this ordinance to ensure compliance with
or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned,
the aggrieved party or parties may appeal such ruling to the Watershed Review Board.
Section 107. Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional
by any court of competent jurisdiction, the declaration shall not affect. the validity of this
Ordinance as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
Section 108. Adoption Date.
This Ordinance shall be adopted on the 22nd day of July 1996.
Section 109::; Effective Date.
Attest:
This Ordinance shall take effect andl be in force on the 22nd day of July ,1996.
I- -
Te . L. Smit , airman, 1.
McDowell County and of Commissioners
Carrie Padgett, Clerk to the B d
3

ARTICLE 200: SUBDIVISION REGULATIONS.
l
Note: Provisions in this Article are derived in part from statutory authority Chapter 153A,
Article 18; Part 2
Section 201. General Provisions.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed
or recorded by the Register of Deeds until it has been approved in accordance with the provisions
of this Article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a
plat if the recording of such plat would be in conflict with this Article.
(B) The approval of a plat does not constitute or affect -the acceptance by the County or
the public of the dedication of any street or other ground, easement, right-of-way, public. utility
line, or other public facility shown on the plat and shall noc be construed'to do so.
30.
(C) Allsubdivisions. shall conform with the mapping requirements contained in G.S.47-
(D) All subdivisions of land within the jurisdiction of McDowell County after the effective
date of this ordinance shall require a plat to be prepared, approved, and recorded pursuant to this
ordinance. .
Section 202. Subdivision Application and Review Procedures.
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of
Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not
the property is located within the designated Public Water Supply Watershed. Subdivisions that
are not within the designated watershed area shall, not be' subject to the provisions of this
ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. In
addition, subdivisions within a WS-IV watershed 'are subject to the provisions of this ordinance
only when an erosion and sedimentation plan is required under the provisions of State law, or
approved local program. Subdivisions within the designated watershed area shall comply with the
provisions of this Article and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The
application shall include a completed application form, two (2) copies of the plat and supporting
documentation deemed necessary by the Watershed Administrator or the Watershed Review
Board.
(C) The Watershed Administrator shall review th completed application and shall either
approve, approve conditionally or disapprove each apptication. The Watershed Administrator
shall take final action within forty-five (45) days of submission of the application. The Watershed
Administrator or the Board may provide public agencies an opportunity to review and make
recommendations. However, failure of the agencies to submit their comments and
4

recommendations shall not delay action within the prescribed time limit. Said public agencies
may include, but are not limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
•(2) The director of the Health Department with regard to proposed private water system
or sewer systems normally approved by the Health Department.
-(3) The state Division of Environmental Management with regard to proposed sewer
= systems normally approved by the Division, engineered storm water controls or storm
-water management in general.
(4)- Any other agency or official designated by the Watershed Administrator or Watershed
Review Board. --
(D) If the Watershed Administrator approves the application, such approval shall be
indicated on both copies of the plat by the following certificate and signed by the Watershed
Administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed Protection
Ordinance and is approved by the Watershed Review Board for recording in the
Register of Deeds office.
Date Watershed Administrator
NOTICE: This property is located within a Public Water Supply
Watershed -,development restrictions may apply:
(E) If the Watershed Administrator disapproves or approves conditionally' the application,
the reasons for such action shall be stated in writing for the applicant and entered in the minutes.
The subdivider may make changes and submit a revised plan which shall constitute a separate
request for the purpose -of review.
(F) All subdivision plats shall comply with the requirements for recording of the County
Register of Deeds.
(G) The plat shall be recorded within thirty (30) days of approval. The Subdivider shall
provide.the -Watershed Administrator with evidence the pleat has been recorded with the Register
of Deeds within five (5) working days.
5

Section 203. Subdivision Standards and Required Improvements.
(A) All lots shall provide adequate building space in accordance with the development
standards contained in Article 300. Lots which are smaller than the minimum required for
residential lots may be developed using built -upon area criteria in accordance with Article 300.
(B) For the purpose of calculating built -upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
(C) Storm Water Drainage Facilities. The application shall be accompanied by a
description of the proposed method of providing storm water drainage., The subdivider shall
provide a drainage system that diverts stormwater runoff away from surface waters and
incorporates best management practices to minimize water quality impacts.
(D) Erosion and Sedimentation Control. The application shall, where required, be
accompanied by a.wzitten statement that a Sedimentation and Erosion Control Plan has been
submitted to and approved by -the N.C. Division of Land Quality.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads
should be located outside of critical areas and watershed buffer areas. Roads constructed within
these areas shall be designed and constructed to minimize their impact on water quality.
Section-204. Construction Procedures.
(A) No construction or installation of improvements shall commence in a proposed
subdivision until a subdivision plat has been approved.
(B) No building or other permits shall be issued for erection of a structure on any lot not
of record at the time of adoption 'of this Ordinance uni a' ll. requirements of this Ordinance have
been met. The subdivider, prior to commencing any work within the subdivision, shall make
arrangements with the Watershed Administrator to provide for adequate inspection.
Section 205. Penalties for Transferring tots in Unapproved Subdivisions.
Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of McDowell County, thereafter subdivides his land in violation of this ordinance or
-transfers or sells land by reference to, exhibition of, or any other use of a plat showing a .
subdivision of the land before the plat has been properly approved under this ordinance and
recorded in the office of the register of deeds, shall be guilty of a misdemeanor. - The description
by metes and bounds in the instrument of transfer or other document used in the process of selling
or transferring land shall not exempt the transaction fromi�-this penalty. The County may bring an
action for injunction of any illegal subdivision, transfei;Unveyance, or sale of land, and the court
shall, upon appropriate findings, issue an injunction and order requiring the offending party to
comply with this ordinance. ,
6

ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas.
The purpose of this Article is to list and describe the watershed areas herein adopted.
For purposes of this ordinance the -County is hereby divided into the following areas, as
appropriate:
- WS-I
_ WS-II=CA , .... (Critical Area)
WS-H-BW . (Balance of Watershed)
WS-IV-PA (Protected Area)
Section 302. Watershed Areas Described.
(A) WS-I Watershed Areas (Mackey Creek and Clear Creek). The intent -is to provide
maximum protection for water supplies within natural and undeveloped watersheds in public
ownership by allowing only low intensity uses. No. residential or non-residential uses are allowed
except those listed below. Impacts from non -point source pollution shall be minimized.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1955 and the
Food, Agriculture, Conservation and Trade Act of 1990 and. all rules and
regulations of the Soil and Water Conservation Commission.
(b) Silviculture, subject to. the provisions of the Forest Practices Guidelines
Related to Water Quality. (.15 IVCAC 1I.6101-.0209).
(c) Water withdrawal, treatment and distribution facilities.
(d) Restricted road access.
(e) Power transmission. lines.
(2) Density and built -upon area limits `do not apply.
,. r:
(B) WS-II Watershed Areas (Buck Creek) -.,Critical Area (WS-H-CA). In order to
maintain a predominately undeveloped land use intensity pattern, single family residential uses
shall be allowed at a maximum of one dwelling unit per t* ,acres. All other residential and non-
residential development shall be allowed at a maximum six percent (6%) built -upon area. New
residuals application sites and landfills are specifically prohibited.
7

(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990 and the rules and
regulations of the. Soil and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101-.0209).
(c) Residential development.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land
application of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
r
(a) Single Family Residential --development shall not exceed one dwelling unit per
-two (2) acres on a project by project basis: No -residential lot shall be less than
two (2) acres (or 80,000 square feet excluding roadway right-of-way), except
within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed six
percent (6%) built -upon area on a project by project basis. For the purpose of
calculating built -upon area, total project area shall include total acreage in the tract
on which the project is to be developed.
(C) WS-H Watershed Areas (Buck Creek) - Balance of Watershed. (WS -H-BW). In
order to maintain a predominantly. undeveloped' land use intensity, single family residential uses
shall be allowed at a maximum of one dwelling unit per acre (1 du/ac). All other residential and
non residential development shall be allowed- a maximum of twelve percent (12%) built -upon
area. In addition, new development may occupy ten percent (10%) of the watershed area_which is
outside the critical area, with seventy percent (70%) built -upon area when approved as a special
intensity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent
with the provisions of this ordinance. Projects must, to the maximum extent practicable, minimize
built -upon surface area, direct stormwater away from surface waters and incorporate Best
Management Practices to minimize water quality impacts. Non -discharging landfills and residuals
application sites are allowed.
(1) Allowed Uses:
(a) Agriculture, subject to the provisions;of the Food Security Act of 1985 and
the Food, Agricultural, Conservation and :Trade Act of 1990..
(b) Silviculture, subject to the provisions :of the Forest Practices Guidelines
Related to Water Quality (15 NCAC II.6101-.0209).

(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per
acre (1 du/ac) on a project by project basis. No residential lot shall be less than
one acre (or 40,000 square feet excluding roadway right-of-way), except within an
approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed
twelve percent (12%) built -upon area on a project by project basis except that up
to ten percent (10%) of the balance of the watershed may be developed at up to
seventy percent (70%) built -upon area on.a project by project basis- For the
purpose calculating built -upon area, total project area shall include total acreage in
the tract on which the project is to be developed.
(D) WS-IV Watershed Areas (Catawba River) - Protected Area (WS-IV-PA). Only new
development activities that require an erosion/sedimentation control plan under State law or
approved local government program are required to meet the provisions of this ordinance when
Iocated in a WS-IV watershed. In order to accommodate a moderate to high land use intensity,
single family residential uses shall develop at a maximum of two (2) dwelling units per acre (2
du/ac). All other residential and non-residential development shall be allowed at a maximum of
twenty-four percent (24%) built -upon area. A maximum of three (3) dwelling units per acre (3
du/ac) or thirty-six (36%) percent built -upon area is allowed for projects without a curb and
gutter street system.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security Art of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions ofthe Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101-.0209).
(c) -Residential development.
(d) Non-residential development.
(2) Density and Built -upon Limits:
9

(a) Single Family Residential --development shall not exceed two (2) dwelling
units per acre, as defined on a project by project basis. No residential lot. shall be
less than one-half (1/2) acre (or 20,000 square feet excluding roadway right-of-
way), or one-third (1/3) acre for projects without a curb and gutter street system,
except within.an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed
twenty-four percent (24%) built -upon area on a project by project basis. For
projects without a curb and gutter street system, development shall not exceed
thirty-six percent (36%) built -upon area on a project by project basis. For the
purpose of calculating built -upon area, total project area shall include acreage in
the tract on which the project is to be developed.
(c) In addition to the development allowed under. paragraphs (a) and (b) above,
new development and expansions to existing development may occupy up to ten
percent (10%) of the protected area with up to seventy percent (70%) built -upon.
area on a project by project basis,'. when approved as a special intensity. allocation
(SIA). The Watershed Administrator is authorized to approve SIAs consistent
with the provisions of this ordinance: Projects must, to the maximum extent
practicable, minimize built -upon surface area, direct stormwater away from surface
waters and incorporate Best Management Practices to minimize water quality
impacts. For the purpose of calculating built -upon area, total project area shall
include total acreage in the. tract on which the project is to be developed.
Section 303. Cluster Development.
Clustering of development is allowed in all Watershed Areas (except WS-I) under the
following conditions.
"(A.) Minimum lot sizes are not applicable to:single. family cluster development projects;
however, the total number of lots shall not exceed the number of lots- allowed for single family
detached developments in Section 302. Density or built -upon area for the project shall not exceed
that allowed for the critical area or'balance of watershed, whichever applies.
(B) All built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The title to the
open space area shall be conveyed to an incorporated homeowners association for management;
to a local government for preservation as a park or open space; or to a conservation organization
for preservation in a permanent easement. Where a property association is not incorporated, a
maintenance agreement shall be. filed with the property:`ddeds.
10

Section 304. Buffer Areas Required.
(A) A minimum thirty (30) foot vegetative buffer for development activities is required
along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute)
scale topographic maps or as determined by local government studies. Desirable artificial
streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures,
other structures such as flag poles, signs and security lights which result in only diminutive
increases in impervious area and public projects such as road crossings and greenways where no
practical alternative exists. These activities should minimize built -upon surface area, direct runoff
away from the surface waters and maximize the utilization of stormwater Best Management
Practices.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed. Map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley,
railroad or highway lines or centerlines thereof, such lines shall be construed to be said
boundaries:
(B) Where area boundaries are indicated as approximately following lot lines, such lot
lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered
land surveyor may be submitted to the County as evidence that one or more properties along
these boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than twenty-five
(25) feet from any parallel lot line,* the location ..of watershed area boundaries shall be determined
by use of the scale appearing on the watershed. map.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet
or less from any parallel lot line, the Iocation of watershed area boundaries shall be construed to
be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the
Watershed Map as to location of such boundaries. This decision may be appealed to the
Watershed Review Board.
Section 306. Application of Regulations.
(A) No building or land shall hereafter be used and nd- development shall take place
except in conformity with the regulations herein specified for the watershed area in which it is
located.
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(B) No area required for the purpose of complying with the provisions of this ordinance
shall be included in the area required for another building.
(C) if a use or class of use is not specifically indicated as being allowed in a watershed
area, such use or class of use is prohibited.
Section 307. Existing Development.
Existing development as defined in this ordinance, may be continued and maintained
subject to the provisions provided herein. Expansions to structures classified as existing
development must meet the requirements -of this ordinance, however, the built -upon area of the
existing development is not required to be included in the built -upon area calculations.
(A) Uses of Land. This category consists of uses existing at the time of adoption of this
ordinance where such use of the land is not permitted to be established hereafter in the watershed
area in which it is located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not
thereafter revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at Least one year, it shall not be
reestablished.
(B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon
area not in conformance with the restrictions of this ordinance that has been damaged or removed
may be repaired and/or reconstructed, except that there are no restrictions on single family
residential development, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
Section 308. Watershed Protection Permit. -
(A) Except where a single family residence is constructed on a lot deeded prior to the
effective date of this ordinance, no building or built -upon area shall be erected, moved, enlarged
or structurally altered, nor shall any building permit be Aued nor shall any change in the use of
any building or land be made until a Watershed Protection) Permit has been issued by the
Watershed Administrator. No Watershed Protection Permit shall be issued except in conformity
with the provisions of this ordinance.
,7

(B) Watershed Protection Permit applications shall be filed with the Watershed
Administrator. The application shall include a completed application form (see Appendix A) and
supporting documentation deemed necessary by the Watershed Administrator.
(C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may
consult with qualified personnel for assistance to determine if the application meets the
requirements of this ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or Watershed
Occupancy Permit for such use is not obtained by the applicant within twelve (12) months from
the date of issuance.
Section 309. Building Permit Required.
No permit required under the North Carolina State Building Code shall be issued for any
activity for which a Watershed Protection Permit is required until that permit has been issued.
Section 310. Watershed Protection Occupancy Permit.
(A) The Watershed Administrator shall issue a Watershed Protection Occupancy Permit
certifying that all requirements of this ordinance have been met prior to the occupancy or use of a
building hereafter erected, altered or moved and/or prior to the change of use of any building or
land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building,
shall be applied for coincident with the application for a Watershed Protection Permit and shall be
issued or denied within ten (10) days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed
Admirustrator shall issue a Watershed Protection Occupancy Permit certifying that all
requirements of this ordinance have been met:=coincident with the Watershed Protection Permit.-
(D) If the Watershed Protection Occupancy Permit is denied, the Watershed
Administrator shall notify the applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may
be occupied until the Watershed Administrator has approved and issued a Watershed Protection
Occupancy Permit.
1�

ARTICLE 400: PUBLIC HEALTH REGULATI.ONS
Section 401. Public Health, in General.
No activity, situation, structure or land use shall be allowed within the watershed which
poses a threat to water quality. and the public health, safety and welfare. Such conditions may
arise from inadequate on -site sewage systems which utilize ground absorption; inadequate
sedimentation and erosion. control measures; the improper storage or disposal of junk, trash or
other refuse. within a. buffer area; the improper management of stormwater runoff; or any other
situation found to.pose a threat to.water quality.
Section 402. Abatement.
(A) The Watershed Administrator shall monitor land use activities within the watershed
areas to identify, situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review -
Board. The Watershed Administrator may consult -with any public agency or official and request
recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public
health, safety and welfare, the Board shall institute any appropriate action or proceeding to
restrain, correct or abate the condition and/or violation.
ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section.501.. Watershed.Administrator and Duties thereof.
The County shall appoint a Watershed Administrator; who shall be duly sworn in. It shall s
be the duty. of the Watershed Administrator -,to administer and enforce the provisions of this.
ordinance as follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits. as prescribed- herein. •A record of all permits shall be
kept on file and shall be available for public inspection during regular office hours of the
Administrator.
(B) The Watershed Administrator shall serve -as clerk to the Watershed Review Board.
(C) The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall- proviAcopies of all amendments upon
adoption to the Water Quality Section of the Division .of Environmental Management.
(D) The Watershed Administrator shall keep records of the jurisdiction's use of the
provision that a maximum of ten percent (10%) of the non -critical area of WS-II watershed and,
14

for local governments that do not choose to incorporate the high density option, ten percent
(10%) of the protected area of WS-IV watersheds may be developed with new development at a
maximum of seventy percent (70%) built -upon surface area. Records for each watershed shall
include the total acres of non -critical -watershed area, total acres eligible to be developed under
this option, total acres approved for this development option, and individual records for each
project with the following information: location, number of developed acres, type of land use, and
stormwater management plan (if applicable).
(E) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power
of the County. The Watershed Administrator, or his duly authorized representative, may enter
any building, structure, or premises, as provided by law, to perform any duty imposed upon him
by this Ordinance.
(F) The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed Protection Ordinance..This record shall be submitted for each calendar year to
the, Water Quality Section, of the Division of Environmental Management on or before January
1st of the following year and shall provide a description of each project receiving a variance and
the reasons for granting the variance.
Section 502. Appeal from the Watershed Administrator.
Any order, requirement, decision or determination made by the Watershed Administrator
may be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the
Watershed Review Board within thirty (30) days from the date the order, interpretation, decision
or determination is made. All appeals must be made in writing stating the reasons for appeal.
Following submission of an appeal; the Watershed. Administrator shall transmit to the Board all
papers constituting the record upon which the. action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer
from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with
him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent
peril to life or property. In such case, proceedings shall not' be stayed otherwise than by a
restraining order which may be granted by the Board or by a court of record on application of
notice of the officer from whom the appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal and give notice -thereof to the
parties and shall .decide the same within a reasonable time. At the hearing, any party may appear
in person, by agent or by attorney.
15

Section 503. Changes and Amendments to the Watershed Protection Ordinance.
(A) The McDowell County Board of Commissioners may, on its own motion or on
petition, after public notice and hearing, amend, supplement, change or modify the watershed
regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed
Review Board for review and recommendations. If no recommendation has been received from
the Watershed Review Board within forty-five (45) days after submission of the proposal to the
Chairman of the Watershed Review Board, the McDowell County Board of Commissioners may
proceed as though a favorable report had been received.
(C) Under no circumstances shall the McDowell County Board of Commissioners adopt
such amendments, supplements or changes that'would cause this ordinance to violate the
watershed protection rules. as adopted by the N.C. EnvironmentalManagement-Commission. All
amendments must be filed with the N.C. Division of Environmental Management, N.C. Division
of Environmental Health,. and the N.C. Division of Community Assistance.
Section 504. Public Notice and Hearing Required.
Before adopting or amending this ordinance, the McDowell County Board of
Commissioners shall hold a public hearing on the proposed changes. A notice of the public
hearing shall be given once a week for two successive calendar weeks in a newspaper having
general circulation in the area. The notice shall be published for the first time not less than ten
(10) nor more than twenty-five (25). days before the date set for -the hearing.
Section 505. Establishment of Watershed Review Board.
(A) ' There shall be and hereby is created the Watershed Review Board consisting of
eleven.(11) members appointed by the McDowell County Board of Commissioners. Five (5)
residents of McDowell County shall be appointed for three year terms. Three (3) residents of
McDowell County shall be appointed for two (2) year terms. Three residents of McDowell
County shall be appointed for one (1) year terms. Thereafter, all new terms shall be for three (3)
years, and members may be reappointed.
(B) Two (2) alternate members shall be appointed to serve on the Watershed Review
Board in the absence of any regular member and shall be appointed for three (3) year terms.
While attending in the capacity of a regular, member, the alternate shall have and exercise all the
powers and duties of the absent regular member.
(C) The Watershed Review Board shall be citedvand referred to as the McDowell County
Planning Board.
14

Section 506. Rules of Conduct for Members.
Members of the Board may be removed by the McDowell Board of Commissioners for
cause, including violation of the rules stated below:
(A) Faithful attendance at meetings of the Board and conscientious performance of the
duties required of members of the Board shall be considered a prerequisite to continuing
membership on the Board.
(B) No Board member shall take part in the hearing, consideration, or determination of
any case in which he is personally or financially interested.. A Board- member shall have a
"financial interest" in a case when a decision in the 'case will: 1) cause him or his spouse to
experience a direct financial benefit or loss, or 2) will cause a business in which he or his spouse
owns a 10 per cent or greater interest, or is involved in a decision -making role, to experience a
direct financial benefit or loss...A Board member shall have a "personal interest" in a case when it
involves a member of his immediate family (i.e., parent, spouse, or child).
(C) No Board member shall discuss any case.with any parties thereto prior to the public
hearing on that case; provided, however, that members may receive and/or seek information
pertaining to the case from the Watershed Administrator or any other member of the Board, its
secretary or clerk prior to the hearing.
(D) Members of the Board shall not express individual opinions on the proper judgement
of any case prior to its determination on that case.
(E) Members of the Board shall give notice to the chairman at least forty-eight (48) hours
prior to the hearing of any potential conflict of interest which he has in a particular case before the
Board. .
(F) No Board member. shall vote on anymatter, that decides- an application or appeal
unless he had attended- the public hearing-on•that application or appeal.
Section 507. Powers and Duties of the Watershed Review Board.
(A) Administrative Review, The Watershed Review Board shall hear and decide appeals
from any decision or determination made by the Watershed Administrator in the enforcement of
this ordinance.
(B) Variances. The Watershed Review>Board shall have the power to authorize, in
specific cases, minor variances from the terms of this Ordinance as will not be contrary to the
public interests where, owing to special conditions, a'�literal enforcement of this Ordinance will
result in practical difficulties or unnecessary hardship, so th4t the spirit of this Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. In addition, the County
shall notify and allow a reasonable comment period for all other local governments having
jurisdiction in the designated watershed where the variance is being considered.
17

(1) Applications for a variance shall be made on the proper form
obtainable from the Watershed Administrator and shall include the following
information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40) feet,
indicating the property lines of the parcel upon which the use is proposed; any
existing. or proposed structures; parking areas and other built -upon areas; surface
water drainage.. The site plan shall be'sneatly drawn and indicate north point, name
and address of person who prepared the plan, date of the original drawing, and an
accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together
with any.other pertinent information which the applicant feels would be helpful to
the Watershed Review Board in considering the application.
(c) . The Watershed Administrator. shall notify. ire writing each local
government having jurisdiction in the watershed and the entity using the water
supply for consumption. Such notice shall include a description of the variance
being requested. Local governments receiving notice of the variance request may
submit comments to the Watershed Administrator prior to a decision by the
Watershed Review Board. Such comments shall become a part of the record of
proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall
make the following three findings, which shall be recorded in the permanent record
of the case, and shall include the factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of
carryingout the'striet' letter of the Ordinance. In order to determine that there .are
practical difficulties or 'unn'*ecessary hardships, the Board must find that the five
following conditions exist:
(1) If he complies with the provisions of the Ordinance, the applicant can
secure no reasonable return from, nor make reasonable use of, his property.
Merely proving that the variance would permit a greater profit to be made
from the property;will not be considered adequate to justify the Board in
granting an variance.'- -'Moreover, the Board shall consider whether the .
variance is the minimum, possible deviation from the terms of the Ordinance
that will make possible the,re'asonable use of his property.
(2) The hardship results from the application of the Ordinance to the
property rather than from other factors such as deed restrictions or other
hardship.
1R

(3) The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, which is different from that of
neighboring property.
(4) The hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates the Ordinance, or who purchases the
property after the effective date of the Ordinance, and then comes to the
Board for relief.
(5) The hardship is peculiar to the applicant's property, rather than the .
result of conditions that are widespread. If other properties are equally
subject to the hardship created in the restriction, then granting a variance
would be a special privilege denied to others, and would not promote equal
justice.
(b) .:The variance is in harmony with the general purpose and- intent of the -
Ordinance and preserves its spirit.
(c) In the granting of the variance, the public safety. and welfare have been
assured and substantial justice has been done. The Board shall not grant a variance
if it finds that doing so would in any respect impair the public health, safety, or
general welfare.
(3) In granting the variance, the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed building, structure, or
use as. it may deem advisable- in furtherance of the purpose of this ordinance. If a variance
for the construction, alteration or use of property is granted, such construction, alteration
or use shall be in accordance with the approved site plan.
(4) The -Watershed Review Board shall refuse to hear an appeal or an application
for a variance previously denied if it finds that there have been no substantial changes in
conditions or.circumstances bearing on the appeal or application.
(5) A variance issued in accordance with this Section shall be considered a
Watershed Protection Permit and shall expire if a Building Permit or Watershed
Occupancy Permit for such use is not obtained by the applicant within six (6) months from
the date of the decision.
(6) If the application calls for the granting of a major variance, and if the
Watershed Review Board decides in favor of granting the variance, the Board shall
prepare a preliminary record of the hearing with all deliberate speed. The preliminary
record of the hearing shall include:
M

M
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on
them;
(e) Proposed findings and exceptions;
(� The proposed decision, including all conditions proposed to be
added to the permit.
The .preliminary record. shall be sent to the Environmental Management Commission for its
review as follows:
. (a) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that (1)'the property owner can secure no reasonable
return from, nor make any practical use of the property unless the proposed variance is
granted, and (2) the -variance,. if granted, will not -result in a. serious threat to -the Water
supply, then the Commission shall. approve the variance• asproposed or -approve the
proposed. variance with conditions and stipulations. The Commission shall prepare a
Commission decision and send it to the Watershed Review Board.. If the. Commission
approves the variance as proposed, the Board shall prepare a final decision granting the
proposed variance. If the Commission approves the variance with conditions and
stipulations, the Board shall prepare a final decision, including such conditions and
stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance
qualifies as: a major variance and -that (1) the -property owner can secure a reasonable
return from or make a practical.use: of the -property without the variance or.(2) the
variance,.if granted,•will result in a serious threat to the water supply; then -the
Commission shall. deny, approval 'of the variance. as proposed:: The Commission shall
prepare. a Commission decision and send it to the Watershed Review Board. The Board
shall prepare a final decision denying the variance as proposed.
(C) Subdivision approval. See Article 200.
(D) Public Health. See Article 400.
(E) Approval of all development greater than the low density option
Section 508. Appeals from the Watershed Review Board.
Appeals from the Watershed Review Board mct6tle filed with the Superior Court within
30 days from the date of the decision. Decisions by the-Supedor Court will be in the manner of
certiorari.
?.n

ARTICLE 600: DEFINITIONS
Section 601. General Definitions.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
Best Management. Practices, (BMP).•.,A,structural or nonstructural management -based practice
used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to
achieve water -quality protection goals.
Buffer. An area of natural. or planted vegetation through which stormwater runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration
of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool
elevation of impounded structures and from the bank of each side of streams or rivers.
Building. Any structure having a roof supported -by. columns or- by walls, -and. intended for
shelter, housing or enclosure of persons, animals. or property. The connection: of two buildings by
means of an open porch; breezeway, passageway, carport or other such open structure, with or
without a roof, shall -not be deemed to make them one building.
Built -upon area.; Built -upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel areas
(e.g., roads, parking lots, paths), recreation facilities (e.g., tennis courts), etc. (Note: Wooden
slatted decks and the water area of a swimming pool are considered pervious.)
Cluster Development. Cluster development means the grouping of buildings in order to
conserve land resources.and provide for innovation in the design of the project including
minimizing stormwater. runoff impacts.. This:terrir►.includes nonresidential development as well as
single-family..residential.and:multi-family de velopments:•For the purpose of this -ordinance,
planned unit developments and mixed use development are considered as cluster development.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined
as extending either one-half mile from the normal pool elevation of the reservoir in which the
intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile
upstream from the intake located directly in the`stream or river (run -of -the -river), or the ridge line
of the watershed (whichever comes first). Local -governments may extend the critical area as
needed. Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of one-half mile.
Customary Home Occupation's. Any use conducted entirelywwithin a dwelling and carried on by
the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
21

residential purposes and does not change the character thereof. Provided further that no
mechanical equipment is installed or used. except as is normally used for domestic or professional
purposes, and that not over twenty-five percent (25%) of the total floor space of any structure is
used for the occupation. No home occupation shall be conducted in any accessory building
except for the storage and service of a vehicle that is driven off site, such as a service repair truck,
delivery truck, etc.
Development. Any -land. disturbing activity which adds -to or changes the amount of impervious
or partial!y impervious coven on a land area or which otherwise decreases the 'infiltration of
precipitation into the. soil.
Dwelling Unit.. A building, or portion -thereof, providing complete and permanent living facilities
for one family.
Existing Development. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective .date of this
ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a.valid local government approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General" Statutes
(G.S. 153A-344.1 and G.S. 160A-385.1), or
(3) having an approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344".l and G.S. 160A-385.1).
Existing Lot (Lot of Record). A lot which is part of a•subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to the adoption of this ordinance, or a lot
described bymetes -and bounds,"_the description of which has' been so recorded prior to the
adoption of this ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all members
are related by blood or marriage or adoption, no such family shall contain over five persons, but
further provided that domestic servants employed or living on the premises may be housed on the.
premises without being counted as a family or families.
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the
resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as
a gift or for nominal consideration, but only if no more than"one parcel is conveyed by the grantor
from the tract to any"one relative; or (b) to divide land frRm a common ancestor among tenants in
common, all of whom.inherited by intestacy or by will;
" is
Industrial Development. Any non-residential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the
22

purpose of manufacturing, assembling, finishing, cleaning or developing any product or
commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this
term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces belonging to
the same.
Major Variance. A variance from the minimum statewide watershed protection rules that results
in any one or more of the following:
(1) The relaxation, by a factor greater than ten (10) percent, of any management
requirement under the low density option;
(2) the relaxation, by a factor greater than five (5) percent, of any buffer, density or built -
upon area requirement under the'high density option;
(3) any variation in the design, maintenance or operation requirements of a wet detention
pond or other approved stormwater management system.
Minor Variance. A variance from the minimum statewide watershed protection rules that results
in a relaxation, by a factor of up to five (5) percent of any buffer, density or built -upon area
requirement under the high density option;: or that -results in a relaxation, by a factor of up to ten
(10) percent, of any management requirement under the low density option.
Nonconforming* Lot- of Record. A lot described'b'y a plat or a deed that was recorded prior to
the effective date of local watershed protection. regdlbtions (or their amendments) that does not
meet the minimum lot size or other development requirements of the statewide watershed
protection rules.
Non-residential Development. All development other than residential development, agriculture
and silviculture. . .
Plat. A map or plan of a parcel of land which iis to be, or has been subdivided
Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The
boundaries of the protected area are defined as within.. five miles of and draining to the normal
pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream
and draining to the intake -located directly in the stream or river or to,the ridgeline of the
watershed.
23

Residential Development. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.
Residuals. Any solid or semi -solid waste generated from a wastewater treatment plant, water
treatment.plant or air pollution control facility permitted under the authority of the Environmental
Management Commission.
Single Family Residential. Any development where: 1) no building contains more that one
dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than
one dwelling unit.
Street (Road). A right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
.Structure: Anythingconstructed. or erected,incltiding-.but not -limited to buildings, -which
requires location on the land or attachment to something having permanent location on the land.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be
a subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose of sale or building development (whether immediate or future) and
shall include all division of land involving the dedication of a new street or,{a change in existing
streets; but the following shall not be included within this definition nor be subject to the
regulations authorized by this ordinance: --
The combination or recombination of portions of previously subdivided and
recorded lots wherethe total'number of lots is not increased and the resultant lots
are equal to or exceed the. --standards of this ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of
streets;
(4) The division of a tract in single ownership whose entire area is no greater than two
acres into not more than three lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the
this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
24

Toxic Substance. Any substance or combination of substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has
the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological. malfunctions (including malfunctions or suppression in reproduction or growth) or
physical deformities in such organisms or their off spring or other adverse health effects.
Variance. A permission. to develop or use property granted by the Watershed Review Board
relaxing or waiving a -water supply watershed management requirement adopted by the
Environmental, -Management. -Commission that is•incorporated:into-this ordinance-.
Water Dependent Structure. Any structure for which the use requires access to or proximity to
or citing within surface waters to fulfill its basic.purpose; such as boat ramps, boat houses, docks
and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial• boat. storage areas are:not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water
supply intake.)
Watershed Administrator. An official or designated person of McDowell County responsible
for administration and enforcement of this ordinance.
Section 602. Word Interpretation.
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present. tense.include the future -tense.
Words used in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as
an individual.
The word "structure" shall include the word "building."
The word "lot" shall include the words, "plot,." "parcel," or "tract."
The word "shall" is always mandatory and not merely; directory.
The word "will" is always mandatory and not merely directory.
25

Cantwell, Janet
From: NCRWADM@ao�. I com
Sent: Monday, June08, 2©09 9:37 AM
To: [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail]; .
[e-mail]; [e-mail]; [e-mail]; Frick, Jay;
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject: Marion Source Water Protection Mtg. Summary
Attachments: Marion SWPMeetingMin utes052609.doc
Hi All,
Attached is a summary of our last SWP Meeting held on May 26th: The next meeting is scheduled for Monday, June
29th at 1:30 at the Fire Department in Marion. [hope to see you then.
Thanks for all you do.
Debbie Maner -
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
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recipient, contact the sender via reply e-mail and. destroy all copies of the original message.
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Marion Source Water Protection (SWP)
Stakeholder Meeting 5
Summary
May 26, 2009
Those in attendance:
Chris Hollifield
Public Water Director City of Marion
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Gabe Johnson
NC Department of Transportation (NCDOT)
Chuck Nance
Regional Isothermal Planning and Development
Daniel Smith
NC Cooperative Extension
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Debbie Maner
NC Rural Water Association (NCRWA)
Daniel Smith, with the McDowell County Cooperative Extension, attended the meeting -and discussed
some of the activities with which he is involved throughout the county. The Cooperative Extension is an
educational agency and an outreach of NC State University. He also represents McDowell County. He
has worked with stream restoration in the Muddy Creek watershed and has recently been working on a
project using.a 319 grant for water quality activities in the Corpening Creek watershed. An assessment of
the watershed has been done and work is beginning on some demonstrations promoting Best Management
Practices (BMPs) such as rain gardens. He is also the pesticide coordinator for McDowell County and
does pesticide education classes for all the farmers in the county for certification for restricted use
pesticides and works with farmers on production practices helping them economically with a successful
business as well as environmental protection. He helps with soil testing, BMPs, using the correct amount
of fertilizer, pesticide education, etc. A livestock agent was working with extension, but he is retiring and
it is not certain whether someone will be hired to replace him. He had work with local cattlemen on
BMPs such as fencing cattle from streams and water crossings and putting in waterers. They provide a
wide range of educational services for farmers. He knows some of the farmers within the watershed and
had worked with some to get pesticide problems (containers) cleaned up. He thought they did not realize
the magnitude of what could have happened had the containers somehow gotten into the creek. He and
Chris had already talked about some activities that they could do together — maybe going out into the
watershed and identifying farms where they could go and talk to farmers about BMPs that they could
initiate - buffers, soil testing and proper pesticide storage to help protect the watershed. He can
incorporate water quality protection of the watershed into his pesticide education courses.
Natural Resources Conservation Service (NRCS) is another resource. They have cost share funds for
agriculture BMPs and can cost share up to 75% and 90% for projects within a water supply watershed.
The possibility of putting in a spray mixing/loading shed for the vegetable farmers in the area has been
discussed so that a spill is immediately contained and there is pesticide storage. The vegetable farmers
are probably the most intense of the farmers in the watershed. There is some pastureland, a few corn
farmers and shrubbery farms for landscaping.
Bilingual education for farmers was questioned and that has been discussed. If a translator is needed to
get the message across, they are available. It is thought that translation is not really needed in this
watershed. There are 6 — 8 large produce farms in the county operated by Hispanics and most speak
pretty good English. The only requirement for a license for a farmer is for restricted use pesticide. One

person is required to be licensed on a farm. They are liable for anyone applying under their license and
worker protection is the emphasis. Through education the Extension can encourage mixing away from
the bank of a stream or putting some type of barrier down between the station and the water. They are
supposed to have backflow prevention on equipment to prevent flow back into the creek when using that
water to mix.
Spanish language publications for education were discussed and it was thought that it would be a good
idea to either research what is available or create some addressing specific problems in this watershed.
The City of Marion has two translators available for that purpose. Specific items might include maintain
buffers along streams, apply fertilizers according to soil tests and keep pesticides from entering the water.
The group started their work by looking at the results of their previous exercises. The three main themes
that were identified as being important were addressing agricultural/commercial issues, creating a
public education/awareness campaign, and using partnerships to address certain issues. A way to
make the plan perpetuate will need to be determined at some point.
The three main themes that have emerged are:
1. Public education and awareness and citizen involvement
2. Agriculture and Commercial concerns
3. Make use of partnership strategies, delegate responsibility to appropriate agency
The group went back to the twenty six original ideas that had been proposed to identify which ones were
consistent with the themes and identify the specific things that will need to be done to create a successful
plan and begin to delegate tasks to members of the group. The priority items of this plan are as follows:
1. Control of recreational activities around the intake (e.g., swimming, fishing, disturbance of buffers).
Themes: regulatory/enforcement/cominercial
2. Establishment and maintenance of riparian buffers. Erosion, sediment control, and land disturbance
control enforcement via dedicated city/county employee.
Themes: 3, McDowell County Watershed Administrator and Janet from DWQ
3. Reduce problems from straight -piping and/or failing onsite wastewater disposal.
Themes: 3, NC Division of Environmental Health WaDE Program
4. Written emergency preparedness plan including provisions for spill containment for the entire
watershed.
Ray and Chuck will take the lead role. Ron Harmon and Terry Young should also be involved.
5. Address future permitting of fisheries in the watershed.
Themes: 3, NC Division of Water Quality
6. Establish community watchdog/citizen groups, such as HOAs trained on hazard identification and
reporting.
Themes: 1, Hill can maybe interest his HOA to participate
7. Make a physical survey of streams and tributaries to identify contamination sources and coliform
sources. Includes mapping and "ground truthing" effort — One more survey.
Ray, Debbie and Steve will take the lead role

8. Promote good stewardship of watershed through education and publicity. Recognize achievements
and promote higher visibility of SWP activities.
Themes: 1
9. Determine creative ways to increase citizen involvement. Inspire and promote SWP activities that can
be accomplished by local groups (schools, clubs, etc).
Themes: 1 and 3 — McDowell Environmental Club, Ben Talbert, Chris will take lead role
10. Centralize pesticide -mixing stations and promote their use.
Theme: 1, 2, and 3, Dan with Coop Extension may take a lead role.
11. Educate public on agricultural contaminants, including bilingual considerations. Enlist Cooperative
Extension as potential partner for information distribution. Possibly include information regarding
organic farming.
Themes: 1 and 3, Dan with Coop Extension may take a lead role.
12. Public awareness signage and signage regarding gas/oil leaks, swimming hazards, etc.
Themes: 1, Gabe with DOT and Bob can take the lead role.
13. Identify and initiate BMP implementation for hazardous waste, gasoline leaks, landscaping, etc.
Themes: agency partnerships, preparedness — Install drinking water protection signs.
14. Engage issues regarding withdrawal, use conflicts, and water use efficiency. Define procedures to
mitigate future water quantity concerns.
Jay, Steve and Chris will take a lead role
Ray McCall had some thoughts regarding separating our action items into 6 categories:
1. Educational flyers to agriculture and users — NCRWA, City, Cooperative Extension, Marion High
School Environmental Club
2. Educational Signs for Watershed and for campgrounds (recreational activities) — Marion, DOT
3. Watershed Survey including buffer survey to present to the County
4. Control pesticide mixing use and disposal, water protection — Cooperative Extension
5. Emergency Contingency Plan for spills along major corridors. County Emergency Manager Terry
Young
It may be beneficial to have a speaker for the next meeting - possibly Terry Young or someone from Mills
River to discuss their protection planning efforts.
It was requested that people indicate their areas of interest in the tasks that were identified.

v
Chuck Nance — Emergency preparedness planning along with Ron Harmon and Terry Young.
Steve Miller— Work on water use plan with Lake Tahoma, farmers, water users. Meters anywhere
indicating how much water the big users use? Would gauging station be possible? Work on use records
from Lake Tahoma and the water plant? Budget for ultrasonic flow meters?
Gabe Johnson — Educational or public awareness signage. (Two different types)
Chris Hollifield — Stewardship, citizen involvement from different groups — Environmental Club.
The next meeting was scheduled for Monday, June 29 at 1:30 at the Fire Department in Marion.
4

Cantwell, Janet
From: NCRWADM@a�ol.com,---
Sent: ThursdaygM y 21i10 9 11:13 AM
.:. _
To: [e-mail]�[e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Frick, Jay;
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject: Marion SWP Stakeholder Mtg. - Tuesday, May 26, 1:30
Attachments: Marion SWP 4Meeting Minutes4_7_09.doc
Hi Everyone,
I just wanted to remind you that there will be a meeting of the stakeholders in the Source Water Protection Planning
process on Tuesday, May 26th at 1:30, at the Fire Department in Marion. This will be an important meeting as Dan Smith
with the NC Cooperative Extension will be attending and talking about the Extension and agriculture in the watershed.
Attached is an updated summary of the meeting that took place on April 7. One person responded via e-mail to the
request to prioritize the list of answers that were given to Question I, and that response has been added to the total from
the last meeting. It is never too late if anyone else has anything they would like to add. We will be continuing with the
process as time allows on Tuesday.
Thank you all for your efforts in making this process a successful one.
Debbie. Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
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Marion Source Water Protection (SWP)
Stakeholder Meeting 4
Summary
April 7, 2009
Those in attendance:
Chris Hollif►eld
Public Water Director City of Marion
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Bob Boyette
Marion City Manager
Hill Evans
Lake Tahoma HOA
Patsy Ballew
Homeowner (above Lake Tahoma)
Ken Harris
Lake James Environmental Association
Gabe Johnson
NC Department of Transportation (NCDOT)
Tony Gallegos
Western Piedmont Council of Government
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Debbie Maner
NC Rural Water Association (NCRWA)
Three new participants Patsy Ballew, Ken Harris and Tony Gallegos were introduced, and there was a
very brief recap of some of the things that had been discussed at previous meetings. ' The SWP Planning
process begins by reviewing Marion's Source Water Assessment Program Report. A draft map of
Marion's Source Water Protection Area was handed out.
At the previous meeting, the Stakeholders had begun the brainstorming process by providing the answers
below to Question I.- The responses were read aloud and Jay had identified six major categories or
themes that seemed to be emerging. Participants were asked to take some time and choose the five top
responses in their opinion. Before doing so they were asked if anything needed to be added to the
responses. Tony pointed out that maybe commercial interests should be added to the themes, so
Agriculture was changed to Agriculture/Commercial without objection. The group was also asked to
select the three most important of the themes that had been identified. The group was also allowed to
combine responses if it seemed appropriate. There was a lot of discussion and everyone was given the
chance to voice their opinions and the group's combined results are shown below. Several people
combined answers as being the same and chose more than five responses. "Tick marks" were placed by
each answer as it was chosen as being a priority and `the numbers in bold indicates the number of times
that response was chosen. Bold text indicates where wording was changed.
I. What activities could improve or protect the quality of your drinking water? What are the local issues
regarding your source of water?
1. Control of recreational activities around the intake (e.g., swimming, fishing, disturbance of
buffers). 3
Themes: regulatory/enforcement
2. Fencing/posting around the critical area to limit potential problems from people and livestock.
Themes: regulatory/enforcement, agriculture

3. Establishment and maintenance of riparian buffers. 2
Themes: agency partnerships, education
4. Erosion, sediment control, and land disturbance control enforcement via dedicated city/county
employee. 3
Themes: regulatory/enforcement
5. Reduce problems from straight -piping and/or failing onsite wastewater disposal. 4
Themes: regulatory/enforcement, agency partnerships, education
6. Stop illegal dumping, including trash, scrap metal and appliances, etc. 6
Themes: regulatory/enforcement, education
7. Written emergency preparedness plan including provisions for spill containment for the entire
watershed. 4
Themes: preparedness
8. Enacting strictest ordinances practical. Investigate and determine appropriate balance between
source water protection and property owner's rights.
Themes: regulatory/enforcement, preparedness
9. Address future permitting of fisheries in the watershed.
Themes: regulatory/enforcement, agriculture
10. Assess threats from livestock,operations, including lagoons, cattle, etc.
Themes: agriculture, agency partnerships, preparedness
11. Establish community watchdog/citizen groups, such as HOAs trained on hazard identification
and reporting.
Themes: citizen involvement, education
12. Make a physical survey of streams and tributaries to identify contamination sources and
coliform sources. Includes mapping and "ground truthing" effort. 3
Themes: citizen involvement, preparedness
13. Promote .good stewardship of watershed through education and publicity. Recognize
achievements and promote higher visibility of SWP activities. 5
Themes: citizen involvement, education
14. Determine creative ways to increase citizen involvement. Inspire and promote SWP
activities that can be accomplished by local groups (schools, clubs, etc). 5
Themes: citizen involvement
15. Centralize pesticide -mixing stations and promote their use. 6
Theme: agriculture, agency partnerships
2

16. Educate public on agricultural contaminants, including bilingual considerations. Enlist
Cooperative extension as potential partner for information distribution. Possibly include
information regarding organic farming. 6
Themes: agency partnerships, education
17. Educate the community on cost versus health benefits for prevention as opposed to treatment.
2
Themes: education
18. Insert water quality protection information into the school system. 2
Themes: education
19. Public awareness signage. 3
Themes: education
20. Identify and initiate BMP implementation for hazardous waste, gasoline leaks, landscaping,
etc.
Themes: agency partnerships, preparedness
21. Address potential hazards associated with development.
Themes: regulatory/enforcement, preparedness
22. Engage issues regarding withdrawal, use conflicts, and water use efficiency. Define
procedures to mitigate future water quantity concerns. 3
Themes: regulatory/enforcement
23. Identify, attract, and secure funding for SWP activities. 1
Themes: preparedness
Circle three themes that you think' are most applicable for Buck Creek:
Regulatory/enforcement 2
Agriculture/Commercial 6
Agency partnerships (with Everyone) 3
Public education/awareness 7
Preparedness 2
Citizen involvement 2
W

Suggested Groupings:
7 and 19
7 and 12
13, 16, 17, 18 and 19 - EDUCATION (several people grouped these)
1 and 22 — Intake
3 and 4 — Buffer/erosion
14, 15, 19, and 22 — Public Awareness
4, 6, and 12 contaminant reduction 1, 5, 6 Regulatory that is "possible"
15 and 16 Agriculture
The next meeting was scheduled for Tuesday, May 26`h, 1:30pm at the same location — the Marion
Fire Department.
For those who were not present at this meeting, responses that have been provided to Questions II through
IV are provided below.
II. What do you see as major impediments to accomplishing source water protection objectives?
1. Cooperation of landowners around the intake.
2. Distrust/disagreement of the local government's policies, motivations, and regulations.
3. Generating real and lasting public support, especially regarding property rights issues.
4. Inability to successfully promote stewardship. Enlist education and positive reinforcement
instead of restrictions.
5. Lack of citizen involvement leading to "incorrect balance" between government participation
and public involvement. Overcoming apathetic attitudes in the general public.
6. Continued recreational uses affecting water quality, especially below the dam.
7. Lack of appropriate incentives — cost share assistance with BMPs and "giving back" to
agriculture to make them want to participate and support SWP initiatives.
8. Diverse ethnic and cultural attitudes regarding agricultural practices. Lack -of -ownership
mentality regarding the watershed will hinder SWP progress.
9. Perceived negative economic impact on stakeholders and landowners (e.g., restrictions on
development, increasing water rates, etc.).
10. Pressure and negative influence from groups who think they will suffer from SWP initiatives
(e.g., builders association who promote development).
4

11. Inability to accurately define the cost of SWP initiatives, leading to suspicion and friction
from landowners as well as city/county administrators.
12. Inability to formulate and attain realistic and achievable goals.
13. Lack of buy in from local government officials.
14. Competition for water use, especially under drought conditions. Water quantity arguments
could derail SWP initiatives.
III. What strategies could make a protection plan dynamic? How can this effort be made "alive" and
ongoing such that it has legs and gains momentum?
1. Soliciting support from community/environmental groups (churches, schools, clubs, etc.).
Involve schools and environmental groups in projects (e.g., rain gardens, stormwater BMPs, etc.).
2. Delegate action items to the "appropriate groups" in order to get it done.
3. Obtain sponsorship and guidance from established groups.
4. Obtain buy -in and active involvement from Cooperative Extension, thereby attracting support
from landowners and farmers in the process.
5.. Enlist and publicize local dynamic leadership. For example, demonstrate private landowner
"leading the cause" to dispel fears from others. Demonstrate that SWP activity need not be a
painful process.
6. Create incentives for the public and agribusiness. Be ready to answer: What's in it for me?
7. Encourage state agencies to enforce their rules. Determine ways to apply pressure to an
agency/program that exhibits lax enforcement policy.
8. Strategically plan for.an immediate, big success while involving another high -visibility group
(e.g., Keep McDowell Beautiful, Master Gardeners, etc.).
fV. Positive promotion may attract others toward your objectives. How can your efforts best be
promoted?
1. Get grammar schools involved to generate publicity, and have a press release for every
meeting, advertise prior to the events. Water quality projects promoted by us
and sold to the McDowell school system would be a good place to start.
2. Hold SWP Meetings on -site in the watershed and advertise them.
5

3. Plan follow-up implementation and develop a method of regular reporting to news agencies.
4. Develop a mechanism to keep city council and county commissioners informed with SWP
initiatives and successes.
5. Prepare and regular news releases — newspaper/local media/city and county cable channels and
websites. Use the McDowell News and local educational. radio
programs to publicize the results of our projects. Market any successes through media by
detailing the process, showing accomplishments, and detailing impacts over time.
6. Educational and promotional materials to property owners and/or agricultural users in the
watershed.
7. Regular updates from Cooperative Extension, soil and water conservation etc. to property
owners/agricultural users.
8. Having a positive attitude and accomplishing objectives.
9. Create and distribute promotional brochures, videos, and programs (to school children, civic
organizations, government leadership, etc). Create videos targeted to school/youth groups.
Release through PEG, YouTube, etc.
10. Demonstration sites showing successful BMP's, erosion control, septic system maintenance
etc.
M

Cantwell, Janet
From: [e-mail]
Sent: Monday,gApril 3, 200� 9 1 AM
To: jay.frick@ricm l.n.et p [e-mail]; [e-mail]; [e-mail];
building [e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject: Marion SWP Meeting Summary
Attachments: Marion SWP 4Meeting Minutes4_7_09.doc
Hi=Everyone,
Attached is a summary of the discussions at Marion's SWP Meeting on Tuesday, April 7th. Thanks to everyone for their
input.
For those who did not participate in the brainstorming exercise, please take a moment to look at the responses to
Question I and choose five.(or more) of the responses that are in your opinion the most important, feasible, practical,
achievable, etc. Also choose the three themes that seem to be emerging that are the most important to you. You may
send a quick e-mail to me with your responses and I will make sure they get recorded.
Thanks to everyone for their participation and as always comments, suggestions or corrections are welcome.
The next meeting has been scheduled for Tuesday, May 26th, at 1:30 pm at the Fire Department in Marion. See you all
then.
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. if you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
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Marion Source Water Protection (SWP)
Stakeholder Meeting 4
Summary
April 7, 2009
Those in attendance:
Chris Hollifield
Public Water Director City of Marion
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Bob Boyette
Marion City Manager
Hill Evans
Lake Tahoma HOA
Patsy Ballew
Homeowner (above Lake Tahoma)
Ken Harris
Lake James Environmental Association
Gabe Johnson ,
NC Department of Transportation (NCDOT)
Tony Gallegos
Western Piedmont Council of Government
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Debbie Maner
NC Rural Water Association (NCRWA)
Three new participants Patsy Ballew, Ken Harris and Tony Gallegos were introduced, and there was a
very brief recap of some of the things that had been discussed at previous meetings. The SWP Planning
process begins by reviewing Marion's Source Water Assessment Program Report. A draft map of a.
Marion's Source Water Protection Area was handed out. .
At the previous meeting, the Stakeholders had begun the brainstorming process by providing the answers "
below to Question I. The responses were read aloud and Jay had identified six major categories or
themes that seemed to be emerging. Participants were asked to take some time and choose the five top
responses in their opinion. Before doing so they were asked if anything needed to be added to the
responses. Tony pointed out that maybe commercial interests should be added to the themes, so
Agriculture was changed to Agriculture/Commercial without objection. The group was also asked to
select the three most important of the themes that had been identified. The group was also allowed to
combine responses if it seemed appropriate. There was a lot of discussion and everyone was given the
chance to voice their opinions and the group's combined results are shown below. Several people
combined answers as being the same and chose more than five responses. "Tick marks" were placed by
each answer as it was chosen as being a priority and the numbers in bold indicates the number of times
that response was chosen. Bold text indicates where wording was changed.
I. What activities could improve or protect the quality of your drinking water? What are the local issues
regarding your source of water?
1. Control of recreational activities around the intake (e.g., swimming, fishing, disturbance of
buffers). 3
Themes: regulatory/enforcement
2. Fencing/posting around the critical area to limit potential problems from people and livestock.
Themes: regulatory/enforcement, agriculture

3. Establishment and maintenance of riparian buffers. 2
Themes: agency partnerships, education
4. Erosion, sediment control, and land disturbance control enforcement via dedicated city/county
employee. 3
Themes: regulatory/enforcement
5. Reduce problems from straight -piping and/or failing onsite wastewater disposal. 4
Themes: regulatory/enforcement, agency partnerships, education
6. Stop illegal dumping, including trash, scrap metal and appliances, etc. 6
Themes: regulatory/enforcement, education
7. Written emergency preparedness plan including provisions for spill containment for the entire
watershed. 3
Themes: preparedness
8. Enacting strictest ordinances practical. Investigate and determine appropriate balance between
source water protection and property owner's rights.
Themes: regulatory/enforcement, preparedness
9. Address future permitting of fisheries in the watershed.
Themes: regulatory/enforcement, agriculture
rr- 10. Assess threats from livestock operations, including lagoons, cattle, etc.
Themes: agriculture, agency partnerships, preparedness
11. Establish community watchdog/citizen groups, such as HOAs trained on hazard identification
and reporting.
Themes: citizen involvement, education
12. Make a physical survey of streams and tributaries to identify contamination sources and
coliform sources. Includes mapping and "ground truthing" effort. 3
Themes: citizen involvement, preparedness
13. Promote good stewardship of watershed through education and publicity. Recognize
achievements and promote higher visibility of SWP activities. 4
Themes: citizen involvement, education
14. Determine creative ways to increase citizen involvement. Inspire and promote SWP
activities that can be accomplished by local groups (schools, clubs, etc). 4
Themes: citizen involvement
15. Centralize pesticide -mixing stations and promote their use. 5
Theme: agriculture, agency partnerships
16. Educate public on agricultural contaminants, including bilingual considerations. Enlist
Cooperative extension as potential partner for information distribution. Possibly include
information regarding organic farming. 5
Themes: agency partnerships, education

17. Educate the community on cost versus health benefits for prevention as opposed to treatment.
2
Themes: education
18. Insert water quality protection information into the school system. 2
Themes: education
19. Public awareness signage. 3
Themes: education
20. Identify and initiate BMP implementation for hazardous waste, gasoline leaks, landscaping,
etc.
Themes: agency partnerships, preparedness
21. Address potential hazards associated with development.
Themes: regulatory/enforcement, preparedness
22. Engage issues regarding withdrawal, use conflicts, and water use efficiency. Define
procedures to mitigate future water quantity concerns. 3
Themes: regulatory/enforcement
23. Identify, attract, and secure funding for SWP activities. 1
Themes: preparedness
Circle three themes that you think are most applicable for Buck Creek:
Regulatory/enforcement 2
Agriculture/Commercial 5
Agency partnerships (with Everyone) 3
Public education/awareness 6
Preparedness 1
Citizen involvement 2
ir
h

Suggested Groupings:
7 and 19
7 and 12
13, 16, 17, 18 and 19 - EDUCATION (several people grouped these)
1 and 22 — Intake
3 and 4 — Buffer/erosion
14, 15, 19, and 22 — Public Awareness
4, 6, and 12 contaminant reduction 1, 5, 6 Regulatory that is "possible"
15 and 16 Agriculture
The next meeting was scheduled for Tuesday, May 261h, 1:30pm at the same location — the Marion
Fire Department.
For those who were not present at this meeting, responses that have been provided to Questions 11 through
IV are provided below.
II. What do you see as major impediments to accomplishing source water protection objectives?
1. Cooperation of landowners around the intake.
2. Distrust/disagreement of the local government's policies, motivations, and regulations.
3. Generating real and lasting public support, especially regarding property rights issues.
4. Inability to successfully promote stewardship. Enlist education and positive reinforcement
instead of restrictions.
5. Lack of citizen involvement leading to "incorrect balance" between government participation
and public involvement. Overcoming apathetic attitudes in the general public.
6. Continued recreational uses affecting water quality, especially below the dam.
7. Lack of appropriate incentives — cost share assistance with BMPs and "giving back" to
agriculture to make them want to participate and support SWP initiatives.
8. Diverse ethnic and cultural attitudes regarding agricultural practices. Lack -of -ownership
mentality regarding the watershed will hinder SWP progress.
9. Perceived negative economic impact on stakeholders and landowners (e.g., restrictions on
development, increasing water rates, etc.).
10. Pressure and negative influence from groups who think they will suffer from SWP initiatives
(e.g., builders association who promote development).
11. Inability to accurately define the cost of SWP initiatives, leading to suspicion and friction
from landowners as well as city/county administrators.

12. Inability to formulate and -attain realistic and achievable goals.
13. Lack of buy in from local government officials.
14. Competition for water use, especially under drought conditions. Water quantity arguments
could'derail SWP initiatives.
III. What strategies could make a protection plan dynamic? How can this effort be made "alive" and
ongoing such that it has legs and gains momentum?
1. Soliciting support from community/environmental groups (churches, schools, clubs, etc.).
Involve schools and environmental groups in projects (e.g., rain gardens, stormwater BMPs, etc.).
2. Delegate action items to the "appropriate groups" in order to get it done.
3. Obtain sponsorship and guidance from established groups.
4. Obtain buy -in and active involvement from Cooperative Extension, thereby attracting support
from landowners and farmers in the process.
5. Enlist and publicize local dynamic leadership. For example, demonstrate private landowner
"leading the cause" to dispel fears from others. Demonstrate that SWP activity need not be a
painful process.
6. Create incentives for the public and agribusiness. Be ready to answer: What's in it for me?
7. Encourage state agencies to enforce their rules. Determine ways to apply pressure to an
agency/program that exhibits lax enforcement policy.
8. Strategically plan for an immediate, big success while involving another high -visibility group
(e.g., Keep McDowell Beautiful, Master Gardeners, etc.).
N. Positive promotion may attract others toward your objectives. How can your efforts best be
promoted?
1. Get grammar schools involved to generate publicity, and have a press release for every
meeting, advertise prior to the events. Water quality projects promoted by us
and sold to the McDowell school system would be a good place to start.
2. Hold SWP Meetings on -site in the watershed and advertise them.
3. Plan follow-up implementation and develop a method of regular reporting to news agencies.

4. Develop a mechanism to keep city council and county commissioners informed with SWP
initiatives and successes.
5. Prepare and regular news releases — newspaper/local media/city and county cable channels and
websites. Use the McDowell News and local educational radio
programs to publicize the results of our projects. Market any successes through media by
detailing the process, showing accomplishments, and detailing impacts over time.
6. Educational and promotional materials to property owners and/or agricultural users in the
watershed.
7. Regular updates from Cooperative Extension, soil and water conservation etc. to property
owners/agricultural users.
8. Having a positive attitude and accomplishing objectives.
9. Create and distribute promotional brochures, videos, and programs (to school children, civic
organizations, government leadership, etc). Create videos targeted to school/youth groups.
Release through PEG, YouTube, etc.
10. Demonstration sites showing successful BMP's, erosion control, septic system maintenance
etc.

Cantwell, Janet
From:
Sent:
[e-mail]
Thursday prilt00.0 :15 AM
To:
jay.frick@hcmall net; [e-mail]; [e-mail]; [e-mail];
building [e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail];, [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject:
Marion Source Water Protection
Attachments:
MarionContacts.doc
Hi All,
Attached is an updated list of contact information for the Marion Source Water Protection Stakeholders group. A
summary of Tuesday's meeting will be sent soon.
Thanks to everyone for their continued commitment to this important undertaking.
Debbie Maner
Source Water Protection Specialist -
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009.
Sheraton at. Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Feeling the pinch at the grocery store? Make dinner for $10 or less.

City of Marion Source Water Protection Contacts
Name
Agency/Title
Address
Phone
E-Mail
Steven W. Miller
ORC
801 Old Greenlee Road
828-652-2428
[e-mail]
City of Marion Water
Marion, NC 28752
Treatment Plant
Hill Evans
c/o Lake Tahoma, Inc.
PO Box 1330
828-652-2844
[e-mail]
Marion, NC 28752
Richard Smith
President Lake Tahoma
97 Wembley Road
H828-258-3521
[e-mail]
HOA
Asheville, NC '28804
Bob Boyette
City Manager
PO Drawer 700
828-652-3551
[e-mail]
City of Marion
Marion, NC 28752
Chris Hollifield
Public Water Director
PO Drawer 700
828-652-4224
[e-mail]
City of Marion
Marion, NC 28752
Beth Lytle
Administration
Ronald Harmon
Watershed Administrator
60 East Court Street
828-652-7121 x 34
[e-mail]
Oren Benfield
McDowell County
Marion, NC 28752
Steve Banner
Soil and Water
County Administration Annex
828-652-7121
[e-mail]
Conservation
60 East Court Street
NRCS Technician
Marion, NC 28752
Chuck Nance
Regional Isothermal
PO Box 841
828-287-2281
[e-mail]
Planning and
I I I W. Court St.
Ext. 1251
Development
Rutherfordton, NC 28139
Jim Edwards
Regional Isothermal
PO Box 841
828-287-2281
[e-mail]
Planning and
111 W. Court St.
Ext.1229
Development
Rutherfordton, NC 28139
Gabe Johnson
NCDOT
3931 NC 226S
828-652-4024
[e-mail]
McDowell Co.
Marion, NC 28752
Maintenance

City of Marion Source Water Protection Contacts
Name
Agency/Title
Address
Phone
E-Mail
Wade Tate
NCDOT
3931 NC 226S
828-652-3344
[e-mail]
District Engineering
Marion, NC 28752
Office
Bill Lonon
Soil and Water
County Administration Annex
828-652-7121
[e-mail]
Conservation
60 East Court Street
Marion, NC 28752
Leigh Marston
Head of Operations
109 East Lawing Drive
828-652-2144
[e-mail]
Grandfather Ranger
Nebo, NC 28716
District
Pisgah National Forest
Patsy Ballew
Homeowner (above Lake
56 Sugar Cove Road
828-724-4085
[e-mail]
Tahoma)
Marion, NC 28752
Ken Harris
Lake James
180 Laurel Lane
828-652-4330
[e-mail]
Environmental
Marion, NC 28752
Association
Technical Assistance:
Ray McCall
NCDENR - Public Water
2090 US Highway 70
828-296-4585.
[e-mail]
Supply Section
Swannanoa, NC 28778
Amy Axon
NCDENR— Public Water
1634 Mail Service Center
919-715-0674
[e-mail]
Supply Section
Raleigh, NC 27699
Terrell Jones
NCDENR - Division of
2090 US Highway 70
828-296-4720
[e-mail]
Environmental Health
Swannanoa, NC 28778
Wastewater Discharge
Elimination Program
(WaDE)
and Cantwell
NCDENR — Division of
2090 US Highway 70
P 828-296-4667
[e-mail]
Water Quality
Swannanoa, NC 28778
F 828-299-7043
Surface Water Protection

City of Marion Source Water Protection Contacts
Environmental Specialist
Name
Agency/Title
Address
Phone
E-Mail
Jay Frick
NCDENR - Public Water
1634 Mail Service Center
P 919-715-0827
[e-mail]
Supply Section
Raleigh, NC 27699-1634
F 919-715-4374
Source Water Protection
Coordinator
Roy M. Davis
NCDENR — DWQ —
2090 US Highway 70
O 828-296-4500
[e-mail]
Surface Water Protection
Swannannoa, NC 28778
C 828-231-3701
Environmental Engineer
F 828-299-7043
Debbie Maner
North Carolina Rural
941 Parham Road
919-812-5500
[e-mail]
Water Association
Henderson, NC 27536
Source Water Protection
Specialist
Rich Holder
NC Rural Community
PO Box 7265
828-236-0500
[e-mail]
Assistance Program
Asheville, NC 28802
Additional contacts:
Daniel Smith
McDowell County
County Admin Bldg, Room
828- 652-8104
daniel—[e-mail]
Extension Director
226
NC Cooperative
60 E Court St
Extension
Marion, NC 28752
Doug McNeal
District Engineer
3931 NC 226S
828-652-3344
[e-mail]
NCDOT McDowell
Marion, N.C. 28752
County
Jerry Silvers
Chief Building Inspector
County Administration Bldg.
828-652-7121
[e-mail]
60 East Court Street
Marion, NC 28752
Charles "Chuck"
County Manager
County Administration Bldg.
828-652-7121
[e-mail]
Abernathy
60 East Court Street
Marion, NC 28752

City of Marion Source Water Protection Contacts
Name
Agency/Title
Address
Phone
E-Mail
Terry D. Young
EMA Director
Emergency Management
Office
41 South Garden Street
Marion, NC 28752
P 828-652-3982
F 828-652-0100

Cantwell, Janet
From:
[e-mail]
Sent:
�.t2 —
Friday, Apr,IIl0:3 2©09 2 5 PM
To:
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject:
Source Water Protection Information
Attachments:
List of SWP documents online.doc
Attached is list of links to all of the SWP information that has been handed 'out at meetings so far. If anyone needs a copy
of the SWAP Assessment or SWP Guidelines please let me know.
Thanks,
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Feeling the pinch at the grocery store? Make dinner for $10 or less.

Source Water Protection Links
NC Public Water Supply
Source Water Protection and Assessment — SWAP and SWP, Guidelines
Site is temporarily down — if anyone needs copies let me know
http://www.deh.enr.state.nc.us/PWS/swap_page.html
NC Division of Water Quality
Buffers for Clean Water
http://h2o.enr.state.ne.us/documents/BuffersforCleanWaterBrociluri�.df
Water Quality We All Play A Part
http://h2o.enr.state.nc.us/documents/WaterQuality—Booklet.pdf
McDowell County Watershed and other ordinances
http://www.incdowellgov.coi-n click on Planning
Land of Sky Regional Council
Stormwater Fact Sheets
http://www.landofsky.org/planning/p water.html
Ecosystem Enhancement Program
Guidelines for Riparian Buffer Restoration
http://,svww.nceep.net/news/reports[buffers.pdf

Cantwell, Janet
From: [e-mail]�
Sent: Friday, Apr�20_0_010:58 AM
To: [e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; tony.gal [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: Marion SWP Meeting
This is reminder that there will be a meeting of the Marion Source Water Protection Stakeholders on Tuesday, April 7th at
1:30 at the Fire Department in Marion. We will continue with the brainstorming process and developing a plan to help
protect the quality of Marion's water source.
Hope to see you then,
Debbie Mailer
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Feeling the pinch at the grocery store? Make dinner for $10 or less.

Cantwell, Janet
From:
Sent:
[e-mail]
onday, arch,23;�20D03 AM
Monday,'
To:
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject:
Marion SWP meeting
Attachments:
Marion SWP 3Meeting Minutes3_17_09.doc
Good Morning Everyone,
Attached is a summary of the meeting held on Tuesday, March 17. Thanks to everyone for their participation and
thoughtful responses.
Please send your responses to the final question - Positive promotion may attract others toward your objectives.
How can your efforts best be promoted? to me via e-mail, and we will get all of your responses categorized for
prioritization.
As always, if you would like to add anything to the previous list of responses please do so, or if you have any comments
or suggestions about the process, let us know.
The next meeting of the stakeholder group is scheduled for Tuesday, April 7th, at 1:30 again at the Fire Department in
Marion. Hope to see you then.
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Feeling the pinch at the grocery store? Make dinner for $10 or less.

Marion Source Water Protection (SWP)
Stakeholder Meeting 3
Summary
March 17, 2009
Those in attendance:
Chris Hollifield
Public Water Director City of Marion
Ronald Harmon
McDowell County Watershed Administrator
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Bob Boyette
Marion City Manager
Oren Benfield
McDowell County
Hill Evans
Lake Tahoma HOA
Richard Smith
President Lake Tahoma HOA
Ray McCall
NC Public Water Supply (PWS)
Jay Frick
NC PWS
Roy Davis
NC Division of Water Quality
Chuck Nance
Regional Isothermal Planning and Development
Leigh Marston
Grandfather Ranger District
Debbie Maner
NC Rural Water Association (NCRWA)
There was a brief recap of some of the things that had been discussed at previous meetings. The SWP
Planning process begins by reviewing the Source Water Assessment Program Report which is available
along with other information about Source Water Protection on the Public Water Supply Section website
http://swap.deh.enr.state.nc.us/swap/ click on the SWAP Reports button at the bottom of the page. The
Buck Creek watershed has a susceptibility rating of Moderate. The brainstorming process was begun at
the last meeting and there were 25 responses to the first question. The responses will be put in like
categories and prioritized and strategies will be developed to address the top priorities. The list of
responses to questions "I. - What activities could improve or protect the quality of your drinking water?
What are the local issues regarding your source of water?" — was read. Those responses were:
1. Straight-piping/onsite wastewater disposal.
2. Scrap metals — illegal dumping.
3. Recreational activities around intake, (swimming, fishing, disturbance of buffers, erosion)
4. Fencing/posting around the critical area to address people and livestock.
5. _ Physical survey of streams and tributaries to identify contamination sources and especially
coliform sources.
Establishment of riparian buffers.
7. Erosion, land disturbance control.

8. BMP implementation for hazardous waste, gasoline, landscaping, etc.
9. Development.
10. Withdrawal, use conflicts, water use efficiency.
11. Educate public on agricultural products. Bilingual education. Cooperative extension —
organic farming.
12. Assessing livestock operations, especially lagoons.
13. Centralize pesticide mixing stations.
14. Educate the community on cost/health benefits for prevention as opposed to treatment.
15. Spill containment along US 70.
16. Public awareness signage.
17. Written emergency preparedness plan.
18. Community watchdog — citizens groups such as HOAs trained on hazard identification (ex.
meth labs).
19. Local erosion/sediment control enforcement — dedicated city or county employee.
20. Water quality protection education in the school system.
21. Enacting strictest ordinances practical — balance protection and property owner's rights.
22. Address future permitting of fisheries in the watershed.
23. Promote good stewardship of watershed through education — recognition of achievements.
24. Increase citizen involvement in protection.
25. Funding.
Everyone was given the opportunity to comment on the agenda. Ray McCall recapped a meeting that he
had attended recently with the Division of Water Quality and other staff with Roger Edwards, the
Regional Supervisor. The group established four watersheds in Western NC as high priority and in which
to actively pursue clean up goals. Also, there is a need for a success story in watershed improvement to
be used as a model for other communities to follow. As a result, the regulatory agencies will be available
to local stakeholders to provide technical assistance to help accomplish clean up or protection goals rather
that just regulatory action. It was hoped that the regulatory agencies would be able to help with the
appropriate actions when this group's priorities have been established. The four priority watersheds are
Mills River, Lake Rhodhiss, Cartoogechaye Creek, and Buck Creek.
The group's attention was directed to Question Il.,for their responses - What do you see as major
impediments to accomplishing source water protection objectives?
1. Cooperation of landowners around the intake.
2. Negative economic impact on stakeholders. Ex. Restricting development, increasing
water rates.

3. Developmental pressures (builders)
4. Distrust of local government and regulations.
5. Generating public support.
6. Competition for water. Drought pressures.
7. What is the cost? To landowners, city and county administrators.
8. Property rights. "You can't tell me what I can and can't do with my property."
9. Promotion of stewardship. Education and positive reinforcement instead of restrictions.
10. Lack of citizen involvement. Too much government participation and too little public
involvement.
] 1. Lack of incentives — cost share, BMPs, giving back to agriculture to make them want to
participate.
12. Recreational uses affecting water quality, especially below the dam. (May be an
educational opportunity.)
13. Realistic goals.
14. Ethnic and cultural attitudes regarding agricultural practices. Lack of ownership of the
watershed.
15. Lack of buy in from local government officials.
1I1. What strategies could make a protection plan dynamic? How can this effort be made "alive" and
ongoing such that it has legs and gains momentum?
1. - Incentives for public and agribusiness. What is in it for me?
2. Soliciting support from community groups — churches, schools.
3. Delegating action items to groups in order to get it done.
4. Getting grammar schools involved to generate publicity and have a press release for
every meeting, advertise.
5. Involve schools and environmental groups in projects. Rain gardens, stormwater BMPs
6. Encourage state agencies to enforce rules.
7. Plan follow-up implementation and method of reporting to news agencies and city
council.
8. Buy in and active involvement from Cooperative Extension and landowners/farmers in
the process.
9. Obtain sponsorship and guidance from established groups.

10. Obtain active participation of property owners in the watershed using examples of
successes —from Tahoma Dam to water intake. ''Demonstrate that it is not a painful
process.
11. Local dynamic leadership - Private landowner leading the cause.
12. Hold SWP Meetings in the watershed and advertise them.
13. Have a big success immediately. Cleanup, Keep McDowell Beautiful. Master Gardener.
Answers were exhausted and it was requested that everyone e-mail their answers to question IV. Positive
promotion may attract others toward your objectives. How can your efforts best be promoted? To
Debbie at [e-mail] so everything can be compiled for the next meeting. It was agreed that the
next meeting of the group will be held on Tuesday, April 7"', at 1:30pm at the Fire Station.
Ron Harmon is going to attempt to contact Dan Smith with Cooperative Extension and see if he can be
available to attend the next stakeholder meeting and possibly provide some educational information that
might fit into the drinking water protection process.

Cantwell, Janet
From: [e-mail]
Sent: Thursda , ar"i1:'i1::"'111lr2, 2099 9.51 AM
To: [e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Johnson, Gabriel L;
Tate, Wade; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: Marion Source Water Protection Meeting
Hi Everyone,
Just a reminder that there will be a meeting of the Marion SWP Stakeholders next Tuesday, March 17th, at 1:30 at the
Fire Department, 60 West Court St., in Marion. We will continue where we left off with the brainstorming process.
Hope to see you then.
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Need a job? Find employment help in your area.

Cantwell, Janet
From: [e-mail]
Sent: Monda February 23, 20`09 f,5 9 AM
To: ray.mccaHgabmail-net; [e-mail]; [e-mail];
[e-mail]; [e-mail]; Tate, Wade; Mcneal, Douglas R; Johnson,
Gabriel L
Subject: Marion contact list
Attachments: MarionContacts.doc
The second attachment is an updated list of contacts for the Marion SWPP.
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Get a jump start on your taxes. Find a tax professional in your neighborhood today.

City of Marion Source Water Protection Contacts
Name
Agency/Title
Address
Phone
E-Mail
Steven W. Miller
ORC
801 Old Greenlee Road
828-652-2428
[e-mail]
City of Marion Water
Marion, NC 28752
Treatment Plant
Hill Evans
c/o Lake Tahoma, Inc.
PO Box 1330
828-652-2844
[e-mail]
Marion, NC 28752
Bob Boyette
City Manager
PO Drawer 700
828-652-3551
[e-mail]
City of Marion
Marion, NC 28752
Chris Hollifield
Public Water Director
PO Drawer 700
828-652-4224
[e-mail]
City of Marion
Marion, NC 28752
Beth Lytle
Administration
Ronald Harmon
Watershed Administrator
60 East Court Street
828-652-7121 x 34
[e-mail]
Oren Benfield
McDowell County
Marion, NC 28752
Technical Assistance:
Ray McCall
NCDENR - Public Water
2090 US Highway 70
828-296-4585
[e-mail]
Supply Section
Swannanoa, NC 28778
Amy Axon
NCDENR — Public Water
1634 Mail Service Center
919-715-0674
[e-mail]
Supply Section
Raleigh, NC 27699
Terrell Jones
NCDENR - Division of
2090 US Highway 70
828-296-4720
[e-mail]
Environmental Health
Swannanoa, NC 28778
Wastewater Discharge
Elimination Program
(WaDE)
Janet Cantwell
NCDENR — Division of
2090 US Highway 70
P 828-296-4667
[e-mail]
Water Quality
Swannanoa, NC 28778
F 828-299-7043
Surface Water Protection
Environmental Specialist

City of Marion Source Water Protection Contacts
Name
Agency/Title
Address
Phone
E-Mail
Jay Frick
NCDENR - Public Water
1634 Mail Service Center
P 919-715-0827
[e-mail]
Supply Section
Raleigh, NC 27699-1634
F 919-715-4374
Source Water Protection
Coordinator
Roy M. Davis
NCDENR— DWQ —
2090 US Highway 70
O 828-296-4500
[e-mail]
Surface Water Protection
Swannannoa, NC 28778
C 828-231-3701
Environmental Engineer
F 828-299-7043
Debbie Maner
North Carolina Rural
941 Parham Road
919-812-5500
[e-mail].
Water Association
Henderson, NC 27536
Source Water Protection
Specialist
Rich Holder
NC Rural Community
PO Box 7265
828-236-0500
[e-mail]
Assistance Program
Asheville, NC 28802
Possible additional
contacts - to be invited to first meeting:
Leigh Marston
Head of Operations
109 East Lawing Drive
828-652-2144
[e-mail]
Grandfather Ranger
Nebo, NC 28716
District
Pisgah National Forest
Daniel Smith
McDowell County
County Admin Bldg, Room
828- 652-8104
daniel—[e-mail]
Extension Director
226
NC Cooperative
60 E Court St
Extension
Marion, NC 28752
Doug McNeal
District Engineer
3931 NC 226S
828-652-3344
[e-mail]
NCDOT McDowell
Marion, N.C. 28752
County
Jerry Silvers
Chief Building Inspector
County Administration Bldg.
828-652-7121
[e-mail]
60 East Court Street
Marion, NC 28752

City of Marion Source Water Protection Contacts
Steve Banner
Soil and Water
County Administration Annex
828-652-7121
[e-mail]
Conservation
60 East Court Street
NRCS Technician
Marion, NC 28752
Bill Lonon
Soil and Water.
County Administration Annex
828-652-7121
[e-mail]
Conservation
60 East Court Street
Marion, NC 28752
Charles "Chuck"
County Manager
County Administration Bldg.
828-652-7121
[e-mail]
Abernathy
60 East Court Street
Marion, NC 28752
Terry D. Young
EMA Director
Emergency Management
P 828-652-3982
Office
F 828-652-0100
41 South Garden Street
Marion, NC 28752
Chuck Nance
Regional Isothermal
PO Box 841
828-287-2281
[e-mail]
Planning and
111 W. Court St.
Ext. 1251
Development
Rutherfordton, NC 28139
Jim Edwards
Regional Isothermal
PO Box 841
828-287-2281
[e-mail]
Planning and
I I I W. Court St.
Ext.1229
Development
Rutherfordton,'NC 28139
Gabe Johnson
NCDOT
3931 NC 226S
828-652-4024
[e-mail]
McDowell Co.
Marion, NC 28752
Maintenance
Wade Tate
NCDOT
3931 NC 226S
828-652-3344
[e-mail]
District Engineering
Marion, NC 28752
Office

Cantwell, Janet
From: [e-mail]
Sent: MondaAM
To: [e-mail]; janet.cantwell@ncmail .net; [e-mail];
[e-mail]; [e-mail]; Tate, Wade; Mcneal, Douglas R; Johnson,
Gabriel L
Subject: Marion SWPP
Attachments: Marion SWP Meeting Minutes2_17_09.doc
I sent this out on Friday and got an error message saying that "Zip files were temporarily blocked for security reasons"
from most of the state e-mail addresses, so I am resending as two a -mails with attachments. Please confirm that you get
these. Sorry for any inconvenience.
Debbie
Hi All,
Many thanks to everyone who attended and participated at the Source Water Protection Meeting on Tuesday! What a
great turnout. I have attached a summary of the meeting and responses to the brainstorming exercise. This is a big
group with lots of great ideas, so If I have left anything or anyone out please let me know.
The next meeting is scheduled for Tuesday, March 17th, at 1:30 pm at the Marion Fire Department, and the plan is to
continue where we left off with the brainstorming process. You will be given the opportunity to add to the list you started
on Tuesday, or if you have input you would like to provide via e-mail please do so. You may send comments to me or to
Jay.
Also attached is an updated contact list. Again, please correct any errors you see.
Before next time:
1. Arrangements need to be made to get the room for the next meeting. If someone will get me contact information, I will
call.
2. A press release needs to be completed and released to the public.
If you do not want to receive a -mails about the plans progress, please let me know.
Thank you all again,
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
1

confidential and privileged information. Any unauthorized review; use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Get a jump start on your taxes. Find a tax professional in your neighborhood today.

Marion Source Water Protection (SWP)
Stakeholder Meeting 2
Summary
February 17, 2009
Those in attendance:
Steve Miller
City of Marion Operator in Responsible Charge (ORC)
Hill Evans
Lake Tahoma HOA
Ronald Harmon
McDowell County Watershed Administrator
Oren Benfield
McDowell County
Ray McCall
NC Public Water Supply (PWS)
Amy Anon
NC PWS
Terrell Jones
NC DENR Division of Environmental Health, Wastewater Discharge
Elimination Program (WaDE)
Janet Cantwell
NC Division of Water Quality (DWQ)
Jay Frick
NC PWS
Roy Davis
NC DWQ
Steve Banner
Soil and Water Conservation
Bill Lonon
Soil and Water Conservation
Chuck Nance
Regional Isothermal Planning and Development
Jim Edwards
Isothermal Planning and Development
Gabe Johnson
NC Department of Transportation (DOT)
Wade Tate
NC DOT
Rich Holder
NC Rural Community Assistance Program (RCAP)
Debbie Maner
NC Rural Water Association (NCRWA)
There was a brief recap of some of the things that were talked about in the first meeting. The SWP
Planning process begins by reviewing the Source Water Assessment Program Report which is available
along with other information about Source Water Protection on the Public Water Supply Section website
http://swap.deh.enr.state.nc.us/swap/ click on the SWAP Reports button at the bottom. Source Water
Protection Planning is voluntary, but there are benefits and incentives for completing the process. There
are three water sources for Marion — Mackey Creek, Buck Creek, and Clear Creek. Focus will primarily
be on the Buck Creek watershed, a WS-II watershed that is not as protected as the two WS-I watersheds.
Some of the concerns in the watershed include agriculture impacts, highway corridor vulnerability,
improper trash disposal, withdrawal issues, land disturbances, buffer disturbances, erosion; spills, straight
piping of household wastewater or stormwater toward the creek and fuel storage along the creek and near
the intake. The plan needs to be implemented at the local level in order for it to be successful.
The steps to develop a plan are to assemble a group of stakeholders, review the SWAP Report and to
begin the brainstorming process to address concerns within the watershed, conduct the potential
contaminant source inventory, prioritize the concerns and develop implementation strategies and compile
the plan into a written report. It was requested that Chris Hollifield, Marion Public Works Director and
Ron Harmon, Watershed Administrator for McDowell County serve as Co -Team Leaders in developing
the plan. It was hoped that help would be provided by other local stakeholders.

The local newspaper and city and county government access, channels were identified as methods to get
information out to the public about source water protection planning and possibly get others involved in
the process. A PSA on the local radio station was also mentioned as being a possibility. An article needs
to be written about the planning process. Jay will put together some information from the state
perspective and send to Marion and McDowell County for them to add their local information within two
weeks.
Next the group was given the following instructions and asked to answer the questions. Responses are
provided.
A Starting Point for Source Water Protection Planning:
You and the other stakeholders will provide the direction and scope required to create a Source Water
Protection Plan for Marion. You will be expected to evaluate the current situation, prioritize action items,
and identify those who can implement the plan.
As a start, we will brainstorm the following questions. Be creative. List as many items as you wish in as
much detail as you wish. Do not let concerns of practicality limit your responses. There are no right or
wrong answers. No response is bizarre or stupid.
I. What activities could improve or protect the quality of your drinking water? What are the local
issues regarding your source of water?
1. Straight-piping/onsite wastewater disposal.
2. Scrap metals — illegal dumping.
3. Recreational activities around intake, (swimming, fishing, disturbance of buffers, erosion)
4. Fencing/posting around the critical area to address people and livestock.
5. Physical survey of streams and tributaries to identify contamination sources and especially
coliform sources.
6. Establishment of riparian buffers.
7. Erosion, land disturbance control.
8. BMP implementation for hazardous waste, gasoline, landscaping, etc.
9. Development.
10. Withdrawal, use conflicts, water use efficiency.
11. Educate public on agricultural products. Bilingual education. Cooperative extension —
organic farming.

12. Assessing livestock operations, especially lagoons.
13. Centralize pesticide mixing stations.
14. Educate the community on cost/health benefits for prevention as opposed to treatment.
15. Spill containment along US 70.
16. Public awareness signage.
17. Written emergency preparedness plan.
18. Community watchdog — citizens groups such as HOAs trained on hazard identification (ex.
meth labs).
19. Local erosion/sediment control enforcement — dedicated city or county employee.
20. Water quality protection education in the school system.
21. Enacting strictest ordinances practical — balance protection and property owner's rights.
22. Address future permitting of fisheries in the watershed.
23. Promote good stewardship of watershed through education — recognition of achievements.
24. Increase citizen involvement in protection.
25. Funding.
Once everyone's answers were exhausted a date of March 17, 2009, 1:30 pm was set for the next
meeting at the same location (the Fire Station, 60 West Court St. in Marion). It is hoped that
everyone will return to continue where we left off and that any others who are interested will
attend. Also, a goal of getting a press release about the plan out before the next meeting was
established.
Homework for next time:
2. What do you see as major impediments to accomplishing source water protection objectives?
3. What strategies could make a protection plan dynamic? How can this effort be made "alive" and
ongoing such that it has legs and gains momentum?
4. Positive promotion may attract others toward your objectives. How can your efforts best be
promoted?

s
Cantwell, Janet
From: [e-mail]
Sent: Tuesday,,,Fe-ary�1;0; 2009 91;9 AM
To: [e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Mcneal, Douglas R; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]
Subject: Marion SWP Meeting
Hi All,
This is a reminder that there will be a meeting of the Marion Source Water Protection Stakeholders on Tuesday,
February 17th, at 1:30 pm at the Fire Department located at 60 West Court Street in Marion.
There will be a recap of the. information presented at the first meeting and then discussions about priorities for protecting
the water quality in the Buck Creek watershed will begin.
I look forward to seeing everyone.
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
The year's hottest artists on the red carpet at the Grammy Awards. AOL Music takes you there.

Cantwell, Janet
From: NCRWADM@aol com—,
Sent: Frida�; December 05*200'$1(0 59 AM
To: [e-mail]; smiller [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: Marion SWP
Attachments: Marion Contacts. doc
Hi All,
It was a pleasure to meet with you on Wednesday. Attached is the list of contact information for everyone. You can send
me corrections or additions necessary and I will keep it updated if you like. Mr. Evans did not put phone or e-mail info.on
the list, so I don't know how to contact him except by mail.
Thanks and I look forward to working with everyone,
Debbie Maner
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
www.ncrwa.com
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended
recipient, contact the sender via reply e-mail and destroy all copies of the original message.
Make your life easier with all your friends, email, and favorite sites in one place. Try it now.

City of Marion Source Water Protection Contacts
NAME
AGENCY
ADDRESS
PHONE
E-MAIL
Steven W. Miller
ORC
801 Old Greenlee Road
828-652-2428
[e-mail]
City of Marion Water
Marion, NC 28752
Treatment Plant
Hill Evans
c/o Lake Tahoma, Inc.
PO Box 1330
Marion, NC 28752
Bob Boyette
City Manager
PO Drawer 700
828-652-3551
[e-mail]
City of Marion
Marion, NC 28752
Chris Hollifield
Public Water Director
PO Drawer 700
828-652-4224
[e-mail]
City of Marion
Marion, NC 28752
Ronald Harmon
Watershed Administrator
60 East Court Street
828-652-7121 x 34
[e-mail]
McDowell County
Marion, NC 28752
Technical Assistance:
Ray McCall
NCDENR - Public Water
2090 US Highway 70
828-296-4585
[e-mail]
Supply Section
Swannanoa, NC 28778
Amy Axon
NCDENR — Public Water
1634 Mail Service Center
919-715-0674
[e-mail]
Supply Section
Raleigh, NC 27699
Terrell Jones
NC DENR - Division of
828-296-4720
[e-mail]
Environmental Health
Wastewater Discharge
Elimination Program
(WaDE)
Janet Cantwell
NCDENR — Division of
2090 US Highway 70
Phone [phone]
[e-mail]
Water Quality
Swannanoa, NC 28778
Fax [phone]
Surface Water Protection
Environmental Specialist

City of Marion Source Water Protection Contacts
Name
Agency
Address
Phone
E-Mail
Jay Frick
NCDENR - Public Water
1634 Mail Service Center
Phone [phone]
[e-mail]
Supply Section
Raleigh, NC 27699-1634
Fax [phone]
Source Water Protection
Coordinator
Debbie Maner
North Carolina Rural
941 Parham Road
919-812-5500
[e-mail]
Water Association
Henderson, NC 27536
Source Water Protection
Specialist
Rich Holder
NC Rural Community
PO Box 7265
828-236-0500
[e-mail]
Assistance Program
Asheville, NC 28802

Cantwell, Janet
From: Ray McCall [[e-mail]]
Sent: Thursday, December 04, 2008 4:40 PM
To: Ronald Harmon
Cc: Charles Abernathy; Bob Boyette
Subject: Illegal Disposal Pesticides Containers -Buck Creek Watershed
Attachments: IMG_0008.JPG; IMG_0009.JPG; IMG_0010.JPG; Ray_McCall.vcf
Mr. Harmon:
Thank you for meeting with me yesterday at the watershed meeting in Marion. I am writing
today to request action by your department to aid in removal and proper disposal of the
pesticide materials located on the Buck Creek Watershed on Hwy 80 North about 1/2 mile above
the City of Marion water supply intake. This site is located on Buck Creek stream bank along
the tomato farming area. Please take immediate action to see that the proper authorities in
your county are notified and that this site is cleaned up as soon as possible to reduce
contamination risk to the Marion intake. Attached are pictures of the site. Thank you in
advance for you response to this very important matter.
Ray McCall
Ray McCall - Ray.McCall(@ncmail.net
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division
of Environmental Health _ Public Water Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
1

Cantwell, Janet
From: Ron Harmon [[e-mail]]
Sent: Friday, December 05, 2008 2:35 PM
To: Ray McCall
Subject: Re: Marion SWP
I will speak with Dan and find out what course of action he has taken. The property is in a Family LLC so no
direct contact has been made. If Dan did not have the area cleaned up, I will talk to the county manager and
coordinate someone within the county to remove the issues.
We are moving as quickly as we can on this issue.
Ronald Harmon
On 12/5/08, Ray McCall <Ray.McCall(a_),ncmail.net> wrote:
Mr. Harmon:
You may wish to speak with Daniel Smith, Co -Operative Extension Service directly to find out what
arrangement may or may not have been made to remove the hazardous material from the site. Mr. Smith's
number in Marion is 652-6306 or cell at 803-2248.
Someone in responsible charge in McDowell County needs to see that this hazardous material get off the
watershed and is properly disposed of in an expedient manner. Have you or anyone spoken to the owner
personally about this problem?
Thanks
Ray McCall
Ron Harmon wrote:
Mr. McCall,
I am drafting a violation letter to the owner of the property in question. I
assume the removal of the pesticide is without the owners knowing? I need to
know in order to reflect that in my violation letter.
Just so you know, Jerry Silvers and I visited the site again yesterday to
make pictures of our own, yours came in about the time we got back thanks
for those. The owner is also in violation of our Floodplain Ordinance. Along
with the 30 foot vegetative buffer required by the Watershed Ordinance, the
Floodplain Ordinance have a 49 foot non encroachment area along the Creek as
well.
Thanks for the help and as soon as I get the information from you I will
copy you with the violation letter.
Thanks,
Ronald

On 12/5/08, Ray McCall <Ray.McCallgncmail.net> wrote:
We are going to try an meet at the same site (Marion Fire Department) on
the 5th of February, but I will not know for sure until next Monday when
Chris gets back in town. Just so all of you will know. The pesticide issue
has been directed to the local Co -Operative Extension Agent in McDowell (Dan
Smith) and he is working today to resolve the issues. We will want to
include Dan in our next meeting. I will also contact DOT representative on
Monday to get one of their representatives to join in.
I want to personally thank all of you for your participation and interest
in the work with Marion and McDowell county on these watershed issues and
protection planning. The effort you are making will make a difference for
the citizens of McDowell county now and in the future.
We can work together to get an official notice out next week. Thanks
again and I hope all of you will have a great weekend!
Ray
Amy Axon wrote:
Great timing Debbie. I was just getting ready to draft an email to the
group to report my findings on the US Forest Service, so I will just
piggyback on your email.
This morning I spoke with Leigh Marston, Head of Operations for the
Grandfather Range District, Pisgah National Forest. Leigh is very much aware
of Mackey, Clear and Buck Creek Watersheds and is happy to participate as a
stakeholder and attend the next meeting. While I was able to give her the
time and date (Feb 5th at 1:30pm) I did not have a meeting location for her.
So, I told her we would send her an official invitation with all of the
pertinent information included.
Here is Leigh's contact info:
Leigh Marston
Head of Operations, Grandfather Ranger District
Pisgah National Forest
109 East Lawing Drive
Nebo NC 28761
[phone]
[e-mail]
I was very nice to meet everyone yesterday and I thank you for your time
and interest!
-Amy
[e-mail] wrote:

rii All,
It was a pleasure to meet with you on Wednesday. Attached is the list
of contact information for everyone. You can send me corrections or
additions necessary and I will keep it updated if you like. Mr. Evans did
not put phone or e-mail info on the list, so I don't know how to contact him
except by mail.
Thanks and I look forward to working with everyone,
/Debbie Maner/ .
Source Water Protection Specialist- "
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
/www.ncrwa.com <http://www.ncrwa.com/>/
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC*
CONFIDENTIALITY NOTE: All information in this communication, including
attachments, is for the sole use of the intended recipient(s) and may
contain confidential and privileged information. Any unauthorized review;
use, disclosure or distribution of any kind is strictly prohibited. If you
are not the intended recipient, contact the sender via reply e-mail and
destroy all copies of the original message.
Make your life easier with all your friends, email, and favorite sites in
one place. Try it now <
http://www. aol. coin/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000010>.
Ray McCall - Ray.McCall@,,ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Environmental Health - Public Water Supply
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

Ray McCall - Ray.McCallkncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Environmental Health - Public Water Supply
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Ronald H. Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752
P. 828-652-7121 Ext 341
F. 828-659-3484
rharmon e,mcdowell og_v.com

Cantwell, Janet
From:
Ray McCall [[e-mail]]
Sent:
Monday, December 08, 2008 10:32 AM
To:
Ron Harmon; Janet Cantwell; Steve Miller
Subject:
Re: Buck Creek
Attachments:
Ray_McCall.vcf
Thank you! If you speak back with Dan, there are other areas up the way and along Buck Creek
that needs to have cleanup and over site to keep the watershed area protected. The first
farmer on Hwy 80 has a lot of junk and laying around on the river bank. I guess this project
will be on going.
Ray
Ron Harmon wrote:
> Mr. McCall:
> I am pleased to report that Dan Smith with the McDowell County
> Cooperative Extension service made contact with the grower on the
> property. He has assured Mr. Smith that the site will be cleaned up in the next couple
days.
> Dan said he will also follow up to make sure that the issue is rectified.
> I will follow up with you once this problem is resolved.
> Thank you.
Ray McCall - Ray.McCall(@ncmail.net
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division
of Environmental Health Public Water Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
1

Cantwell, Janet
From: Ron Harmon [[e-mail]]
Sent: Friday, December 05, 2008 1:28 PM
To: Ray McCall
Subject: Re: Marion SWP
Mr. McCall,
I am drafting a violation letter to. the owner of the property in question. I assume the removal of the pesticide is
without the owners knowing? I need to know in order to reflect that in my violation letter.
Just so you know, Jerry Silvers and I visited the site again yesterday to make pictures of our own, yours came in
about the time we got back thanks for those. The owner is also in violation of our Floodplain Ordinance. Along
with the 30 foot vegetative buffer required by the Watershed Ordinance, the Floodplain Ordinance have a 49
foot non encroachment area along the Creek as well.
Thanks for the help and as soon as I get the information from you I will copy you with the violation letter.
Thanks,
Ronald
On 12/5/08, Ray McCall <RaYMcCallgncmail.net> wrote:
We are going to try an meet at the same site (Marion Fire Department) on the 5th of February, but I will not
know for sure until next Monday when Chris gets back in town. Just so all of you will know. The pesticide issue
has been directed to the local Co -Operative Extension Agent in McDowell (Dan Smith) and he is working today
to resolve the issues. We will want to include Dan in our next meeting. I will also contact DOT representative
on Monday to get one of their representatives to join in.
I want to personally thank all of you for your participation and interest in the work with Marion and McDowell
county on these watershed issues and protection planning. The effort you are making will make a difference for
the citizens of McDowell county now and in the future.
We can work to to get an official notice out next week. Thanks again and I hope all of you will have a
great weekend!
Ray
Amy Axon wrote:
Great timing Debbie. I was just getting ready to draft an email to the group to report my findings on the US
Forest Service, so I will just piggyback on your email.
This morning I spoke with Leigh Marston, Head of Operations for the Grandfather Range District, Pisgah
National Forest. Leigh is very much aware of Mackey, Clear and Buck Creek Watersheds and is happy to
participate as a stakeholder and attend the next meeting. While I was able to give her the time and date (Feb 5th
at 1:30pm) I did not have a meeting location for her. So, I told her we would send her an official invitation with
all of the pertinent information included.
Here is Leigh's contact info:

Leigh Marston
Head of Operations, Grandfather Ranger District
Pisgah National Forest
109 East Lawing Drive
Nebo NC 28761
[phone]
lmarstonQfs.fed.us
I was very nice to meet everyone yesterday and I thank you for your time and interest!
-Amy
[e-mail] wrote:
Hi All,
It was a pleasure to meet with you on Wednesday. Attached is the list of contact information for everyone.
You can send me corrections or additions necessary and I will keep it updated if you like. Mr. Evans did not
put phone or e-mail info on the list, so I don't -know how to contact him except by mail.
Thanks and I look forward to working with everyone,
/Debbie Maner/
Source Water Protection Specialist
NC Rural Water Association
PO Box 540
Welcome, NC 27374
919-812-5500
/www.ncrwa.com <http://www.ncrwa.com/>/
32nd Annual Conference & Exhibition
May 12-14, 2009
Sheraton at Four Seasons
Greensboro, NC*
CONFIDENTIALITY NOTE: All information in this communication, including attachments, is for the sole use
of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review;
use, disclosure or distribution of any kind is strictly prohibited. If you are not the intended recipient, contact the
sender via reply e-mail and destroy all copies of the original message.
Make your life easier with all your friends, email, and favorite sites in one place. Try it now
<http•//www aol com/?optin=new-dp&icid=aolcoin40vanity&ncid=emlcntaolcom000000l0>.
Ray McCall - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Environmental Health - Public Water Supply

i U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Ronald H. Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752.
P. 828-652-7121 Ext 341
F. 828-659-3484-
[e-mail]

Cantwell, Janet
From:
Ray McCall [[e-mail]]
Sent:
Friday, December 05, 2008 2:14 PM
To:
Ron Harmon
Cc:
Bob Boyette; Janet Cantwell
Subject:
Re: Marion SWP
Attachments:
Ray_McCall.vcf
Mr. Harmon:
You may wish to speak with Daniel Smith, Co -Operative Extension Service directly to find
out what arrangement may or may not have been made to remove the hazardous material from the
site. Mr. Smith's number in Marion is 652-6306 or cell at 803-2248.
Someone in responsible charge in McDowell County needs to see that this hazardous material
get off the watershed and is properly disposed of in an expedient manner. Have you or anyone
spoken to the owner personally about this problem?
Thanks
Ray McCall
Ron Harmon wrote:
> Mr. McCall,
> I am drafting a violation letter to the owner of the property in
> question. I assume the removal of the pesticide is without the owners
> knowing? I need to know in order to reflect that in my violation letter.
> Just so you know, Jerry -Silvers and I visited the site again yesterday
> to make pictures of our own, yours came in about the time we got back
> thanks for those. The owner is also in violation of our Floodplain
> Ordinance. Along with the 30 foot vegetative buffer required by the
> Watershed Ordinance, the Floodplain Ordinance have a 49 foot non
> encroachment area along the Creek as well.
> Thanks for the help and as soon as I get the information from you I
> will copy you with the violation letter.
> Thanks,
> Ronald
> On 12/5/08, Ray_ McCall <[e-mail]> wrote:
>> We are going to try an meet at the same site (Marion Fire Department)
>> on the 5th of February, but I will not know for sure until next
>> Monday when Chris gets back in town. Just so all of you will know.
>> The pesticide issue has been directed to the local Co -Operative
>> Extension Agent in McDowell (Dan'
>> Smith) and he is working today to resolve the issues. We will want to
>> include Dan in our next meeting. I will also contact DOT
>> representative on Monday to get one of their representatives to join in.
>> _I want to personally thank all of you for your participation and
>> interest in the work with Marion and McDowell county on these
>> watershed issues and protection planning. The effort you are making
>> will make a difference for the citizens of McDowell county now and in the future.
1

>> We can work together to get an official notice out next week.
>> Thanks again and I hope all of you will have a great weekend!
>> Ray
>> Amy Axon wrote:
>>> Great timing Debbie. I was just getting ready to draft an email to
>>> the group to report my findings on the US Forest Service, so I will
>>> just piggyback on your email.
>>> This morning I spoke with Leigh Marston, Head of Operations for the
>>> Grandfather Range District, Pisgah National Forest. Leigh is very
>>> much aware of Mackey, Clear and Buck Creek Watersheds and is happy
>>> to participate as a stakeholder and attend the next meeting. While
>>> I was able to give her the time and date (Feb 5th at 1:30pm) I did not have a meeting
location for her.
>>> So, I told her we would send her an official invitation with all of
>>> the pertinent information included.
>>> Here is Leigh's contact info:
>>> Leigh Marston
>>> Head of Operations, Grandfather Ranger District Pisgah National
>>> Forest
>>> 109 East Lawing Drive
>>> Nebo NC 28761
>>> [phone]
>>> [e-mail]
>>> I was very nice to meet everyone yesterday and I thank you for your
>>> time and interest!
>>> -Amy
>>> [e-mail] wrote:
>>>> Hi All,
>>>> It was a pleasure to meet with you on Wednesday. Attached is the
>>>> list of contact information for everyone. You can send me
>>>> corrections or additions necessary and I will keep it updated if
>>>> you like. Mr. Evans did not put phone or e-mail info on the list,
>>>> so I don't know how to contact him except by mail.
>>>> Thanks and I look forward to working with everyone, /Debbie
>>>> Maner/ Source Water Protection Specialist NC Rural Water
>>>> Association PO Box 540 Welcome, NC 27374 919-812-5500
>>>> /www.ncrwa.com <http://www.ncrwa.com/>/
>>>> 32nd Annual Conference & Exhibition May 12-14, 2009 Sheraton at
>>>> Four Seasons Greensboro, NC*
>>>> CONFIDENTIALITY NOTE: All information in this communication,
>>>> including attachments, is for the sole use of the intended
>>>> recipient(s) and may contain confidential and privileged
2

,>> information. Any unauthorized review; use,, disclosure or
>> distribution of any kind is strictly prohibited. If you are not the
>>>> intended recipient, contact the sender via reply e-mail and destroy all copies of the
original message.
>>>> -------------------------------------------------------------------
>>>> ----- Make your life easier with all your friends, email, and
>>>> favorite sites in one place. Try it now <
>>>> http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000010>.
>> Ray McCall - [e-mail]
>> North Carolina Dept. of Environment and Natural Resources Asheville
>> Regional Office Division of Environmental Health - Public Water
>> Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
>> Tel: [phone]
>> Fax: [phone]
Ray McCall - [e-mail]
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division
of Environmental Health - Public Water Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
3

Cantwell, Janet
From:
Ray McCall [[e-mail]]
Sent:
Thursday, November 13, 2008 2:40 PM
To:
[e-mail]; Ronald Harmon; Steve Miller; Bob Boyette; Chris Hollifield;
Janet Cantwell
Cc:
Jim Adams; Richard Holder; Amy Axon
Subject:
Watershed Protection
Attachments:
Ray_McCall.vcf
Hello Everyone:
Hoping all of you are doing well and wishing you safe and happy holiday's that are
upcoming. I am writing to investigate your interest in having a meeting sometime soon to
discuss watershed protection of the City of Marion's water supplies and intakes. Over the
past several.mohths and even years we seem to be experiencing a lot of issues dealing in the
Buck Creek watershed area to include encroachment, spills, buffer disturbances, erosion,
irrigation withdrawal and of course drought and short supply. It appears that some joint
efforts may"be needed to better assess, plan and implement community involvement and
awareness. It does appear that some of the issues that have occurred may have been headed off
had more effort been made to communicate to the upstream land owners and users the importance
of good watershed stewardship, and in some case preservation of this valuable water resource.
I know from letters and personal contacts made by the McDowell County Planning staff and
the Division of Water Quality that efforts are being made to rectify problems when they
arise, however it seems to me that many of the problems could be solved prior to them
happening if only more emphasis was placed upfront involvement with the upstream folks and
implementation of the existing watershed protection plans and ordnances.
I know that this is a holiday season and we all have our busy schedules, I just hope we
can place some emphasis this winter on planning to attack this problem. I have some time open
the first week of December and would propose we.get together in Marion say Dec. 2nd or 3rd.
If you think this is a good idea, please let me know and I will make the effort to set up a
time and place. Any response or input from all of you would be greatly appreciated.
Thank You
Ray McCall
Ray McCall - Ray.McCall(@ncmail.net
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division
of Environmental Health - Public Water Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
1

Cantwell, Janet
From: [e-mail]
Sent: Thursday, November 13, 2008 6:22 PM
To: Ray McCall
Cc: Jim Adams; Richard Holder; Amy Axon; [e-mail]; Ronald Harmon; Steve
Miller; Bob Boyette; Janet Cantwell
Subject: RE: Watershed Protection
Attachments: top.letterhead
Ray,
First off I must say a thank you to Ron for spotting this and getting a quick response out. .Second, after
comparing schedules it looks like the December 3rd is the best date for the City to meet. Please advise if
there are any details I can help with. We look forward to meeting.
Thank you,
Chris Hollifield
Director of Public Works
City of Marion
P.O. Drawer 700
Marion, NC 28752
Phone: [phone]
Fax: [phone]
Email: chollifield(a)marionnc.orq
-------- Original Message --------
Subject: Watershed Protection
From: Ray McCall <RAY.MCCALL(abncmail.net>
Date: Thu, November 13, 2008 2:39 pm
To: "chariesa(abmcdoweligov.com" <charlesa(a)mcdowellgov.com>, Ronald
Harmon <rharmon(dmcdowellgov.com>, Steve Miller <[e-mail]>,
Bob Boyette <bboyette(cbmarionnc.orq>, Chris Hollifield
, Janet Cantwell <JANET.Cantwell(a)ncmail.net>
Cc: Jim Adams <JIM.ADAMS(abncmail.net>, Richard Holder
<rhoider(a)ncrcap.orq>, Amy Axon <AMY.AXON(abncmail.net>
Hello Everyone:
Hoping all of you are doing well and wishing you safe and happy
holiday's that are upcoming. I am writing to investigate your interest
in having a meeting sometime soon to discuss watershed protection of the
City of Marion's water supplies and intakes. Over the past several
months and even years we seem to be experiencing a lot of issues dealing
in the Buck Creek watershed area to include encroachment, spills, buffer
disturbances, erosion, irrigation withdrawal and of course drought and
short supply. It appears that some joint efforts may be needed to better
assess, plan and implement community involvement and awareness. It does

appear that some of the issues that have occurred may have been headed
off had more effort been made to communicate to the upstream land owners
and users the importance of good watershed stewardship, and in some case
preservation of this valuable water resource.
I know from letters and personal contacts made by the McDowell
County Planning staff and the Division of Water Quality that efforts are
being made to rectify problems when they arise, however it seems to me
that many of the problems could be solved prior to them happening if
only more emphasis was placed upfront involvement with the upstream
folks and implementation of the existing watershed protection plans and
ordnances.
I know that this is a holiday season and we all have our busy
schedules, I just hope we can place some emphasis this winter on
planning to attack this problem. I have some time open the first week of
December and would propose we get together in Marion say Dec. 2nd or
3rd. If you think this is a good idea, please let me know and I will
make the effort to set up a time and place. Any response or input from
all of you would be greatly appreciated.
Thank You
Ray McCall
Ray McCall - Ray. McCal10)ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Environmental Health - Public Water Supply
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

Cantwell, Janet
From: Ron Harmon [[e-mail]]
Sent: Monday, November 17, 2008 8:15 AM
To: [e-mail]
Subject: Mr. Foster
Mrs. Cantwell:
Chuck has suggested that we pass along your number and have Mr. Foster to contact you with his issues in
regards to the violation on Buck Creek. I passed your number along to Mr. Foster.
Thanks,
Ronald H. Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752
P. 828-652=7121 Ext 341
F. 828-659-3484
[e-mail]

Cantwell, Janet
From: Julie Ventaloro [[e-mail]]
Sent: Tuesday, November 18, 2008 2:00 PM
To: Janet Cantwell
Subject: Re: [Fwd: Watershed Protection] McDowell County
Janet,
Unfortunately, I am already busy the afternoon of Dec. 3. I am very interested in attending this meeting, so if
the date changes, count me in! Or I could participate by conference call the morning of Dec. 3, if that's a
possibility.
Julie Ventaloro
Coordinator, Water Supply Watershed Protection Program
NC Division of Water Quality
Wetlands & Stormwater Branch
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: [phone] Fax: [phone]
Janet Cantwell wrote:
Hi Julie ---Here's the copy of the'letter from Ray with Public Water about the watershed.
Hope you can join us.
I'm pretty sure the date is Dec. 3, 2008 for the meeting, but I'll let you know for sure later today.
Thanks ---Janet
Janet Cantwell - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 US Highway 70
Swannanoa, NC 28778-8211
Tel: [phone]
Fax: [phone]
Link to the NC Division of Water Quality:
http://www.ncwaterquality.org/
Link to NPDES Programs & Compliance Info: (DMRs, Annual Report, Etc.):
http://h2o.enr.state.nc.us/NPDES/
Link to Technical Assistance & Compliance Unit, WW Operator Regs, Etc.:
http://h2o.enr.state.nc.us/tacu/index.html
Link to Collection Systems (PERCS Unit)
http://www.ncwaterquality.org/peres/Collection%20Systems/CollectionSystemsHome.html
Link to NC Surface Waters & Wetlands Standards ("Redbook"):
http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm
Link to NC Stream Classifications:
http://h2o.enr.state.nc.us.'/bims/reports/reportsWB.html
Link to Water Supply Watershed Info:
http://h2o.enr.state.nc.us/wswp/index.html

Link to booklet "Guidelines for Riparian Buffer Restoration"
http://www.nceep.net/services/guidancedoc.htm
Link to Stormwater, General Permits, & Runoff Pollution:
http://h2o.enr.state.nc.us/Stormwater.html
http://h2c.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP
Subject:
Watershed Protection
From:
Ray McCall <[e-mail]>
Date:
Thu, 13 Nov 2008 14:39:44 -0500
To:
"[e-mail]" <charlesa a,mcdowellgov.com>, Ronald Harmon
<rharmon(q—�mcdowellgov.com>, Steve Miller <smillergmarionnc.org>, Bob Boyette
<bbo ey ttegmarionnc.org>, Chris Hollifield <chollifieldQmarionnc.org>, Janet Cantwell
<Janet. Cantwell (a�ncmail.net>
To:
"charlesanmcdowellgov.com" <[e-mail]>, Ronald Harmon
<rharmon(a,mcdowellgov.com>, Steve Miller <[e-mail]>, Bob Boyette
<bboyette@a,marionnc.ora>, Chris Hollifield <[e-mail]>, Janet Cantwell
<[e-mail]>
CC:
Jim Adams <[e-mail]>, Richard Holder <[e-mail]>, Amy Axon
<[e-mail]>
Hello Everyone:
Hoping all of you are doing well and wishing you safe and happy holiday's that are upcoming. I am writing to
investigate your interest in having a meeting sometime soon to discuss watershed protection of the City of
Marion's water supplies and intakes. Over the past several months and even years we seem to be experiencing a
lot of issues dealing in the Buck Creek watershed area to include encroachment, spills, buffer disturbances,
erosion, irrigation withdrawal and of course drought and short supply. It appears that some joint efforts maybe
needed to better assess, plan and implement community involvement and awareness. It does appear that some of
the issues that have occurred may have been headed off had more effort been made to communicate to the
upstream land owners and users the importance of good watershed stewardship, and in some case preservation
of this valuable water resource.
I know from letters and personal contacts made by the McDowell County Planning staff and the Division of
Water Quality that efforts are being made to rectify problems when they arise, however it seems to me that
many of the problems could be solved prior to them happening if only more emphasis was placed upfront
involvement with the upstream folks and implementation of the existing watershed protection plans and
ordnances.
I know that this is a holiday season and we all have our busy schedules, I just hope we can place some
emphasis this winter on planning to attack this problem. I have some time open the first week of December and
would propose we get together in Marion say Dec. 2nd or 3rd. If you think this is a good idea, please let me
know and I will make the effort to set up a time and place. Any response or input from all of you would be
greatly appreciated.

CF W ATFR
\QG
Michael F. Easley, Governor
0�
�? r William G. Ross Jr., Secretary
-� North Carolina Department of Environment and'Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Surface Water Protection -Section
.February 3, 2006
Ronald Harmon
McDowell .County Planning Administrator,
6Q East Court Street
Marion, North Carolina 28752
Re: Water Supply'Watershed Audit ;
McDowell County
Dear Ron:
This letter is to confirm the message I left for you this morning .concerning plans for
McDowell County's Water Supply Watershed Audit scheduled for Tuesday, February
21, 2006 at 9:00.. Danny Smith, with the Division of Water Quality, and I are looking
forward to working with you.
If you have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
Janet Cantwell
Environmental. Technician
Xc/jc
Chuck Abernathy; Manager, McDowell County
Ashley Wooten, Assistant Manager, McDowell County
Danny Smith, NCDENR-DWQ
McD-owal-1Zounty--W.ater-Supply hatershed-files ry One
NorthCarolina
Natu-&4
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Phone [phone] Customer Service 1-877-623-6748 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50°/a Recycled/10% Post Consumer Paper

OF
`0� QG ch 1 rNa , overnor
F
r .::-;, �;W� rl� r. earetary
=� North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
„ Surface Water Protection Section
February 3, 2006
Ronald Harmon
McDowell County.Planning Administrator
60 East Court Street
Marion, North Carolina 28752
Re: Water Supply Watershed Audit
McDowell County
,Dear Ron:
This letter is to confirm the message I left for you this morning concerning plans for
McDowell County's Water Supply Watershed Audit scheduled for Tuesday, February
21, 2006 at 9:00. Danny Smith, with the Division of Water Quality, and I are looking
forward to working with you.
If you have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
Janet Cantwell
Environmental Technician
Xc/Jc
Chuck Abernathy, Manager, McDowell County,
Ashley Wooten, Assistant Manager, McDowell County
Danny Smith, NCDENR-DWQ
McDowell County Water Supply Watershed files "
One
NorthCaro1m` a
AWUM4
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC'28778
Phone [phone] Customer Service 1-877-623-6748 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

47-30 Page 1 of 5
§ 47-30. Plats and subdivisions; mapping requirements.
(a) Size Requirements. — All land plats presented to the register of deeds for recording in
the registry of a county in North Carolina after September 30, 1991, having an outside marginal
size of either 18 inches by 24 inches, 21 inches by 30 inches, or 24 inches by 36 inches, and
having a minimum one and one-half inch border on the left side and a minimum one-half inch
border on the other sides shall be deemed to meet the size requirements for recording under this
section. Where size of land areas, or suitable scale to assure legibility require, plats may be
placed on two or more sheets with appropriate match lines. Counties may specify either:,
(1) - Only 18 inches by 24 inches;
(2) A combination of 18 inches by 24 inches and 21 inches by 30 inches;
(3) A combination of 18 inches by 24 inches and 24 inches by 36 inches; or
(4) A combination of all three sizes.
Provided, that all registers of deeds where specific sizes other than the combination of all three
sizes have been specified, shall be required to submit said size specifications to the North
Carolina Association of Registers of Deeds for inclusion on a master list of all such counties.
The list shall be available in each register of deeds office by October 1, 1991. For purposes of
this section, the terms "plat" and "map" are synonymous.
(b) Plats to Be Reproducible. — Each plat presented for recording shall be a reproducible
plat, either original ink on polyester film (mylar), or a reproduced -drawing, transparent and
archival (as defined by the American National Standards Institute), and submitted in this form.
The recorded plat must be such that the public may .,obtain legible copies. A direct or
photographic copy of each recorded plat shall be placed in the plat book or plat file maintained
for that purpose and properly indexed for use. In those counties in which the register has made a
security copy of the plat from which legible copies can be made, the original may be returned to
the person indicated on the plat.
(c) Information Contained in Title of Plat. — The title of each plat shall contain the
following information: property designation, name of owner (the name of owner shall be shown
for indexing purposes only and is not to be construed as title certification), location to include
township, county and state, the date or dates the survey was made; scale or scale ratio in words
or figures and bar graph; name and address of surveyor or firm preparing the plat.
(d) Certificate; Form. — There shall appear on each plat a certificate by the person under
whose supervision the survey or plat was made, stating the origin of the information shown on
the plat, including recorded deed and plat references. shown thereon. The ratio of precision
before any adjustments must be shown. Any lines on the plat that were not actually surveyed
must be clearly indicated and a statement included revealing the source of information. Where a
plat consists of more than one sheet, only one sheet must contain the certification and all other
sheets must be signed and sealed.
The certificate required above shall include the source of information for the survey and data
indicating the ratio of precision of the survey before adjustments and shall be in substantially the
following form:
"I, , certify that this plat was. drawn under my supervision from an actual survey made.
under my supervision (deed description recorded in Book , page - , etc.) (other); that the
boundaries not surveyed are clearly indicated as drawn from information found in Book ,
page ; that the ratio of precision as calculated is 1: ; that this plat was prepared in
accordance with G.S. 47-30 as amended. Witness my original signature, registration number and
seal this day of , A.D.,
Seal or Stamp
http://www.ncleg.net/EnactedLegislation/Statutes/HTMLBySection/Chapter-47/GS 47-... 10/18/2005

,3. 47-30
Page 2 of 5
Surveyor
Registration Number"
Nothing in this requirement shall prevent the recording of a map that was prepared in
accordance with- a previous version of G.S. 47-30 as amended, properly signed, and notarized
under the statutes applicable at the time of the signing of the map. However, it shall be the
responsibility of the person presenting the map to prove that the map was so prepared.
(e) -Method of Computation. — An accurate method of computation shall be used to
determine the acreage and ratio of precision shown on the plat. Area -by estimation is not
acceptable nor is area by planimeter, area by scale, or area copied from another source, except in
the case of tracts containing inaccessible sections or areas. In such case the surveyor may make
use of aerial photographs or other appropriate aids to determine the acreage of any inaccessible
areas when the areas are bounded by natural and visible monuments. In such case the methods
used must be stated on the plat and all accessible areas of the tract shall remain subject to all
applicable standards of this section.
(f) Plat to Contain Specific Information. — Every plat shall contain the following specific
information:
(1) An accurately positioned north arrow coordinated with any bearings shown on
the plat. Indication shall be made as to whether the north index is true,
magnetic, North Carolina grid ("NAD 83" or "NAD 27"), or is referenced to
old deed or plat bearings. If the north index is magnetic or referenced to old
deed or plat bearings, the date and the source (if known) the index was
originally determined shall be clearly indicated.
(2). The azimuth or course and distance of every property line surveyed shall be
shown. Distances shall be in feet or meters and decimals thereof. The number
of decimal places shall be appropriate to the class of survey required.
(3) All plat distances shall be by horizontal or grid measurements. All lines shown
on the plat shall be correctly plotted to the scale shown. Enlargement of
portions of a plat are acceptable in the interest of clarity, where shown as
inserts. Where the North Carolina grid system is used the grid factor shall be
shown on the face of the plat. If grid distances are used, it must be shown on
the plat.
(4) Where a boundary is formed by a curved line, the following data must be
given: actual survey data from the point of,curvature to the point of tangency
shall be shown as standard curve data, or as" a traverse of bearings and
distances around the curve. If standard curve data is used the bearing and
distance of the long chord (from point of curvature to point of tangency) must
be shown on the plat.
(5) Where a subdivision of land is set out on the plat, all streets and lots shall be
accurately plotted with dimension lines indicating widths and all other
information pertinent to reestablishing all lines in the field. This shall include
bearings and distances sufficient to form a continuous closure of the entire
perimeter.
(6) Where control corners have been established in compliance with-G.S. 39-32.1,
39-32.2, 39-32.3, and 39-32.4, as ainended, the location and pertinent
information as required in the reference statute shall be plotted on the plat. All
other corners which are marked by monument or natural object shall be so
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identified on all plats, and where practical all. corners of adjacent owners along the
boundary lines of the subject tract which are marked by monument or natural
object shall be shown.
(7)- The naives of adjacent landowners, or lot, block, parcel, subdivision
designations or other legal reference where applicable, shall be shown where
they could be determined by the surveyor.
(8) All visible and apparent rights -of -way, watercourses, utilities, roadways, and
other such improvements shall be accurately located where crossing or forming
any boundary line of the property shown.
(9) Where the plat is the result of a survey, one or more corners shall, by a system
of azimuths or courses and distances, be accurately..- tied to and coordinated
with a horizontal control monument of some United States or State Agency
survey system, such as the North Carolina Geodetic Survey where the
monument is within 2,000 feet of the subject property. Where the North
Carolina Grid System coordinates of the monument are on file in the North
Carolina Office of State Budget and Management, the coordinates of both the
referenced corner and the monuments used shall be shown in X (easting) and Y
(northing) coordinates on the plat. The coordinates shall be identified as based
on, "NAD 83," indicating North American Datum of 1983, or as "NAD 27,"
indicating North American Datum of 1927. The tie lines to the monuments
shall also be sufficient to establish true north or grid north bearings for the plat
if the monuments exist in pairs. Within a previously recorded subdivision that
has been tied to grid control, control monuments within the subdivision may be
used in lieu of additional ties to grid control. Within a previously recorded
subdivision that has not been tied to grid control, if horizontal control
monuments are available within 2,000 feet, the above requirements shall be
met; but in the interest of bearing consistency with previously recorded plats,
existing bearing control should be used where practical. In the absence of Grid
Control, other appropriate natural monuments or landmarks shall be used. In
all cases, the tie lines shall be sufficient to accurately reproduce the subject
lands from the control or reference points used.
(10) A vicinity map (location map) shall appear on the plat.
(11) Notwithstanding any other provision contained in this section, it is the duty of
the surveyor, by a certificate on the face of the plat, to certify to one of the
following:
a. That the survey creates a subdivision of land within the area of a county
or municipality that has an ordinance'that regulates parcels of land;
b. That the survey is located in a portion of a county or municipality that
is unregulated as to an ordinance that regulates parcels of land;
C. Any one of the following:
1. That the survey is of an existing parcel or parcels of land and
does not create a new street or change an existing street;
2. That the survey is of an existing building or other structure, or
natural feature, such as a watercourse; or
3. That the survey is a control.survey.
d. That the survey is of another category, such as the recombination of
existing parcels, a court -ordered survey, or other exception to the
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definition of subdivision;
e. That the information available to the surveyor is such that the surveyor
is unable to make a determination to the best of the surveyor's
professional ability as to provisions contained in (a) through (d) above.
However, if the plat contains the certificate of a surveyor as stated in a., d., or
e. above, then the plat shall have, in addition to said surveyor's certificate, a
certification of approval, or no approval required, as may be required by local
ordinance from the appropriate government authority before the plat is
presented for recordation. If the plat contains the certificate of a surveyor as
stated in b. or c. above, nothing shall prevent the recordation of the plat if all
other provisions have been met.
(g) Recording of Plat. — In certifying a plat for recording pursuant to G.S. 47-30.2, the
Review Officer shall not be responsible for reviewing 'or ' certifying as to any of the following
requirements of this section:
(1) Subsection (b) of this section as to archival.
(2) Repealed by Session Laws 1997-309, s. 2.
(3) Subsection (e) of this section.
(4) Subdivisions (1) through (10) of subsection (f) of this section.
A plat, when certified pursuant to G.S. 47-30.2 and presented for recording, shall be recorded in
the plat book or plat file and when so recorded shall be duly indexed. Reference in any
instrument hereafter executed to the record of any plat herein authorized shall have the same
effect as if the description of the lands as indicated on the record of the plat were set out in the
instrument.
(h) Nothing in this section shall be deemed to prevent the filing of any plat prepared by a
registered land surveyor but not recorded prior to the death of the registered land surveyor.
However, it is the responsibility of the person presenting the map to the Review Officer pursuant
to G.S. 47-30.2 to prove that the plat was so prepared. For preservation these plats may be filed
without signature, notary acknowledgement or probate, in a special plat file.
(i) Nothing in this section shall be deemed to invalidate any instrument or the title
thereby conveyed making reference to any recorded plat.
0) The provisions of this section shall not apply to boundary plats of areas annexed by
municipalities nor to plats of municipal boundaries, whether or not required by law to be
recorded.
(k) The provisions of this section shall apply to all counties in North Carolina.
(1) The provisions of this section shall not apply to the registration of highway
right-of-way plans provided for in G.S. 136-19.4 nor to registration of roadway corridor official'
maps provided in Article 2E of Chapter 136.
(m) Maps attached to deeds or other instruments and submitted for recording in that form
must be no larger than 81/2 inches by 14 inches and comply with either this subsection or
subsection (n) of this section. Such a map shall either (i) have the original signature of a
registered land surveyor and the surveyor's seal as approved by the State Board of Registration
for -Professional Engineers and Land Surveyors, or (ii) be a copy of a snap, already on file in the
public records, that is certified by the custodian of the public record to be a true and accurate
copy of a map bearing an original personal signature and original seal. The presence of the
original,personal signature and seal shall constitute a certification that the map conforms to the
standards of practice for land surveying in North Carolina, as defined in the rules of the North
Carolina State Board of Registration for Professional Engineers and Land Surveyors.
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(n) A map that does not meet the requirements of subsection (m) of this section may be
attached to a deed or other instrument submitted for recording in that form for illustrative
purposes only if it meets both of the following requirements:
(1) It is no larger than 81/2 inches by 14 inches.
(2) It is conspicuously labelled, "THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED. BY A LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND
DEVELOPMENT REGULATIONS." (1911, c. 55, s. 2; C.S., s. 3318; 1923, c.
105; 1935, c. 219; 1941, c.249; 1953, c. 47, s. 1; 1959, c. 1235, ss. 1, 3A, 3.1;
1961, cc. 7, 111, 164, 199, 252, 660, 687, 932, 1122; 1963, c. 71, ss. 1, 2; cc.
180, 236; c. 361, s. 1; c. 403; 1965, c. 139, s. 1; 1967, c. 228, s. 2; c. 394; 1971,
c. 658; 1973, cc. 76, 848, 1171; c. 1262, s. 86; 1975, c. 192; c. 200, s. 1; 1971,
c. 50, s. 1; c. 221, s. 1; c. 305, s. 2; c. 771, s. 4; 1979, c. 330, s. 1; 1981, c. 138,
s. 1; c. 140, s. 1; c. 479; 1983, c. 473; 1987, c. 747, s. 20; 1989, c. 727, s. 218
(6); 1991, c. 268, s. 3; 1993, c. 119, ss. 1, 2; 1997-309, s. 2; 1997-443, s.
11A.119(a); 1998-228, ss. 11, 12; 1999-456, s. 59; 2000-140, s. 93.1(b);
2001-424, s. 12.2(b).)
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