McDowell Co. - Van Boyd Property

W A TFRQG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Ken McFadyen
Assistant Manager
McDowell County
60 East Court Street
Marion, North Carolina 28752
Dear Mr. McFadyen:
October 29, 2002
Alan W. Klimek, P.E. Director
Division of Water Quality
Wit
Thank you for your recent inquiry (FAX dated October 28, 2002) regarding Mr. Van Boyd's property
adjacent to Buck Creek in McDowell County. I hope the following addresses your questions:
understand that the subject property naturally drained to Buck Creek, immediately upstream of the
City of Marion's water supply intake, but the topography was altered by construction of an earthen
berm. The berm thus altered the stormwater drainage such that stormwater runoff from the property
now enters downstream of the intake. Although the State's Water Supply Watershed Protection
(WSWP) rules do not prevent this type of.alteration in order to avoid compliance with drinking water
supply protection, we discourage and recommend against this practice. My feeling is that this type of
activity is not within the keeping of the spirit and intent of the WSWP rules, or the Water Supply
Watershed Protection Act. If the stormwater drainage direction of flow is altered again so that
stormwater runoff from the property flows into .Buck Creek above the City's water supply intake, the
property is once again part of the Buck Creek WS-II water supply watershed. Thus, it must conform to
the County's land use ordinance, including the WSWP requirements. Cutting through the berm is
likely to alter the natural stormwater flow direction once again and should be discouraged. Also, it
appears from my reading of the County Planning Board's October 1995 meeting minutes, cutting
through the berm would violate the agreement of.having the berm along with maintaining 20 feet of
setback from the berm. Please note that there must be a minimum 30 feet vegetated buffer on both
sides of Buck Creek. No new development (i.e., impervious surface area) is allowed in this buffer.
For clarification, local governments are not required to count "existing development" [15A NCAC 2B
.0202(29)] when calculating the built -upon surface area (impervious surface) for expansions of
projects. Basically, this means projects that were built or received official local approval to proceed
prior to the effective date of your WSWP ordinance. I've included an example that I hope is useful to
you.
The WSWP rules, and probably your WSWP ordinance states, "Stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum extent practicable."
The basis for this is that by directing stormwater runoff across grassed areas rather than culverting
the runoff towards or directly into, a stream allows pollutants in the runoff to be filtered out.
ERR.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Page Two
Mr. McFadyen
October 29, 2002
Grassed areas are fine,-but.naturally forested areas do a better job filtering pollutants. In addition,
spreading the runoff across.vegetated areas rather than directing it into a stream can minimize
downstream flooding.
As an aside, I note and concur with a Planning Board member's concern expressed in the October
1995 meeting minutes. over septic tanks located so close to Buck Creek. This may be of special
concern considering the very close proximity to the drinking water supply intake in Buck Creek.
Contamination of the drinking water from both surface and groundwater could have very serious
implications. I encourage and commend McDowell County staff for your efforts to protect one of your
most vital natural resources.
If you have any questions or if I may be of assistance, please contact me at 919-733-5083, extension
566.
Attachment (expansion example)
C: Forrest Westall

-Calculating Development Expansions
in Water Supply Watersheds
Example: A 5-acre site in a WS-III Balance of the Watershed (BW) with one acre of built upon
area (BUA). How much of the remaining tract can be built upon?
I. Low Density Development Option
New Development Existing Development
Total project area = 5 acres
WS-III BW Low Density = 24% BUA
Total BUA before expansion = 1 acre
Total allowable BUA (24% x 5 acres) = 1.2 acres
Allowable expansion (1.2 acres —1 acre) = 0.2 acres
Total BUA due to expansion (1 acre + 0.2 acres) = 1.2 acres
H. High Density Development Option
New Development
Total project area = 5 acres
WS-III BW High Density = 50% BUA (max. allowed)
Total BUA before expansion = 1 acre
Total allowable BUA (50% x 5 acres) = 2.5 acres
Allowable expansion (2.5 acres —1 acres) = 1.5 acres
Total BUA due to expansion(s) (1 ac. + 1.5 ac.) = 2.5 ac
Total project area = 5 acres
WS-III BW Low Density = 24% BUA
Existing BUA = 1 acre
Undeveloped area = 5 acres — 1 acre = 4 acres
Allowable expansion (24% x 4 acres) = 0.96 acres
Total BUA due to expansion (1 ac. + 0.96 ac.) = 1.96 ac.
Existing Development
Total project area = 5 acres
WS-III BW High Density = 50% BUA (max. allowed)
Existing BUA = 1 acre
Undeveloped area = 5 acres — 1 acre = 4 acres
Allowable expansion (50% x 4 acres) = 2.0 acres
Total BUA after expansion = 3.0 acres
(Continued on back)

III.10/70 % Development Option
New Development
Total project area = 5 acres
Total BUA before expansion = 1 acre
Total allowable BUA (70% x 5 acres) = 3.5 acres
Allowable expansion (3.5 acres —1 acre) = 2.5 acres
Total BUA due to expansion (1 ac. + 2.5 ac.) = 3.5 acres
Notes:
• Existing Development: original development
constructed before the water supply watershed
protection requirements were adopted by the local
government.
• New Development: original development constructed
after the water supply protection requirements were
adopted by the local government.
10/70% Option: 10% of each local government's
jurisdiction within the watershed can be used for
new development at up to 70% BUA. However, if a
local government allows the use of the High Density
option then, stormwater control devices are required
for development using the 10/70% option. Local
governments opting for High Density development
in WS-IV water supplies are not allowed to use the
10/70% option.
Buffers and on -site stormwater control devices, such
as wet detention basins (for High Density
development), need to be considered when siting the
development.
• Redevelopment is allowed if the rebuilding does not
have a net increase in built -upon area (BUA) or
provides equal or greater stormwater control than the
previous development.
Existing Development
Total project area = 5 acres
Existing BUA = 1 acre
Undeveloped area = 5 acres 1 acre = 4 acres
Allowable expansion (70 % x 4 acres) = 2.8 acres
Total BUA after expansion (1 ac. + 2.8 ac.) = 3.8 acres
3/22/00

w OCT 28 '02 82;49PM MCDOWELL COUNTY
P.�
I
To: Steve Zoufaly
From: Hen Mcradyen
Ronald Harmon
Subject: Watershed Ordinance
Bate: October 28, 2002
Mgr. Van Boyd has requested 3 things that relate to the watershed ordinance. This is
in regards to his property ad�acent to Buck Creek, parcel # 0792-20-8295. Mr. Boys(
has already begun worts on the berm.
1. Mr. Boyd grants to pave a driveway over the berm that separates his property
from Buck Creek.
2. Mr. Boyd wants to pave the driveway on the Burlason property. (0792-20-4490)
3. Mr. Boyd wants to the 2 culverts along this driveway.
The county's responses to these questions were as follows:
1. No, to paving the driveway over the berm. This would alter the drainage pattern
and perhaps change the vnantershed boundary. The portion of the berm that Mrs
Boyd wants to pave over happens to be the lowest point along the berm.
(Referencethe map emaelosed to see this area.)The minutes from the'OctObgr
1995 Planning Board meeting, include a 20-foot setback iDrom the berm.
2. We did inform Mr. Boyd that he could pave on the Burleson property as long as
it doesnOt take up more than 6% of the property. The Burleson prope.y is
approtimatelry 1.67 acries. There are 2 mobile. homes on the Burleson property.
Both mobile homes are approximately 12X60 for a total area of 1440 square feet,
Mr. Boyd may need as maach as 400 feet for the length of the driveway. With this
id mind if you calculate a driveway 10 feet wide tinges the remaining squsre
footage of 2916, he does mot Have the area to do this.
Mr. Boyd Says that the 2 mobile homes should not be counted in the density
mquiremnents. Mr.Boyd feels that these mobile homes should be grandfatherd ln
but neit er is. if the mobile homes are not itkeluded in calculating the 6% density
thresh° , then Mr. Boyd may have enough available area to pave the driveway.
The drivway appears to be 50 feat from Buck Creep, which is beyond the 30-
foot buffer. We have diseussed with Mr. Boyd that this is a matter of
interpretation of the 65fo density as whether It includes the two existing neobile
homes.
1. Mr. Boyd wants to erne ativo culverts along this driveway. We contacted you on

OCT 28 '07- 02:50PM MCDOWELL COUNTY
P. 3
10/24/02 to ask your though% on tiling this area. You stated it wasn't a good
idea, and that it could ft-Nnl the watershed.
We would like for you to give us a written decision about this situat6ou*
Thank you Mr. 7oufaly for your time and we look forward to hearing from you.
Uwe can be of further assIst2 nee please don't hesitate to contact either Nei Fr
myself.

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PRFL 1ANWRY MOD i I IF Jf(MFF SPACE' t A YOUT FOR
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OCT �9 '82 08:48AM MCDOWELL COUNTY
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nC'T ^R, 'RP AP : SGiPM MC'T)OW= I ; `:'-ii INTY
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P. .S
McDOWELL NTY
. 10 East Court Street • Marion, North Carolina 28752 b (704 852-712
0
jaruary 29, 1996
Joe Hall, and Van Boyd
P.C, Box 1122
M-aion, North Carolina 28752
Dear Joe and Van: .
On sftuary 26, I received your site plan for the proposed trailer parr near highway 70 along
ucl~ Creek. It was agreed listing ,laeing Board Meeting 4n October 24, 199 that the sits
plan would be approved by the Watershed Administrator. It was also agreed that the berm
separating the proposed trailer paek from Buck Creek was not to be. disturbed,: The site plan that,
you submitted depicts a road runrjmg across the berm. Taking this into consideration, I feel tl.st it
3s hest that the Planning Board nai_e the lfirtal decision on approval of the site Bolan.
The next Planning Board Meeting is scheduled for February 20, at 9:00 in -the Commissioners
Board Room. If you feel that thus meeting is not soon enough we are willin$ to calla special
neeting on your behalf.
�inced°�y,
Kelly Pipes
A.ssiatant to the County ManaAar ;
CC; McDowell County Plv'dng board
Charles Abernathy, County Manager

OCT 28 '02 OZ: 51PN NCDOWELL COUNTY
Vi@Dowell County Planning BcgLt-d
lnutes
OctabeT,r 24,1995
'fyd McDowell County planning Board met in the Commissioner's Board ROOM at 9:00 era
October 24. 1995
The Tollowing Board mm onb6rs present:
C .•may Brown, Chairman
Roger Andrews
Don Anderson
Wayne Mcintosh
Mitdh Gillespie
Kelly Pipes, staff
Others in Attendance:
Van Boyd, Developer
Joe Hall, Developer
Call to Order
Chairman Larry Brown called the meeting to order. The jai iuv� s of the previous meeting Were
reviewed by the Planning Board and were accepted as presented.
Buck Green Watershed Review Recommendations
" y s rst item of discussion vas re-com_mendationa regarding a pieee of property locatW�1 i�en" ; r��•
CiOJI of Marion water intake and me location of the watershed boundary.
Mr, Fero%vn began by asking the Board Members to reread the -letter from Steve Zoufaly VA 111 t_h_•
North Carolina Department of Environmental Health and Natural Resources, Division of
:rnvlrot=antal Managemew- Mr. Srown stated thaat it was important for the board to Pre-z :
,with a common understaindixlg ofthe si•t-oation. Mr. Brown recognized. Mr. Van Boyd and �,oW
tall. They stated that they only wanaed to be able to be able to use their property and. th-.
one way -ranted to jeopardize the cities water supply.
Aitcl! urillespie then exptossod his concerns that the berm in the no�them area, of the propar�f i��
'bV-j t ij% that the wider areas of tre berm be narrowed, that the septic tanks be sot isadk an,: an w.
°the property owners adheres to a •v.,3!untary setback from the watershed. Larry Brown expscssed
his concern that the property owners should maintain the berm. Mr. Boyd and. Mr. Hall 5tatodl

v OCT ? ' EiZ 02 51 PP1 MCLC!UiELL COUNTY P .
that they would be comfortable with a twenty foot setback.
Larry Breen made the motion that the Planning Board preliminarily approve the, survey by
I dy Hopper as delineating Me 1•:Watersheci boundary and grant final approval of tho
I
oundary upon endorsement of a site plan by the Watershed Administrator, the building up of tale
bermthe nottllerct edge of the property and conformation to a twenty foot setback. The nctt,n
=.:vas sccohded by Don Anderson and passed by a unanimous vote.
Watershed Ordinance Changes
KDIl y Pipes asked the board -for some direction regarding flexibility changes which were recently'
allowed by the General Assembly. The consensus of the board was to present copies of &ze new
model ordinance to the board at i-tie next meeting for review.
tvTpddrtte on Lake Jzmes Study
Mitch Gillespie provided the pla:::,,aing Board with an update on the Burke/McDowell Lake James
Study. Mr. Gillespie stated that t'he Committee had recently discussed ideas for a possible
setback ordinance from the edge, of the lake. Ideas ranged from a publicly owned greenway
around the edge of the lake to a f fty foot setback with some regulations on the mount of
v5getatian left. He statedthat Woolpert was going to try to draft a setback proposal for th_-
r..ir mittee: for the next meeting. Fie also stated that the final recomtn.endations would be
presented to both Boards of Com-i-n ssioners and the Planning Board by early December.
Other Updates and Communications
elly Pipes provided an update o - the Armstrong Creek Floodplain review. He stated
-zy,-c i-_mitendation had been passed on to -the County Coma-Li$sioners and that a letter had beer- se_A
to the Federal Emergency Management Association asking for a review of the floodplain, T14S
Planning Board agreed that a letter should be sent to Shirley Washburn indicating that a letter had
been sent and that the citizens of -Lf at area should be patient, that a review will take some timc.
X61y Pipes also provided an utjdate orb the Planning Board Surveys, indicating than, a. lour r�,.r;,z yf
of s iinrey s lead been retur.- . T e Board directed the staff to do an additional mai.li'i g of 5,001
surveys.
'losing comments
Mitch Gillespie stated that there Mere citizens in the River Bend subdivision who were upset Et
t~�y possibility of mobilQ 1� r-aies l eing placed there and he added that this may bring some s-,zP c.,-t
for land use conttols. Mr. Bro�i_`p closed the meeting directing the staff to send a letter to Joe
Hall and Van Boyd regarding f e action by the Planning Beard.

OCT LP: 'tic 02:52PM MCDOWELL COUNT'(
ARTICLE 300; DEVELOPMENT REGULATIONS
Section 301. Establishment of fate. -shed Areas.
The purpQsa 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-H-CA (Criti.caI Area}
WS-11-BW (Ballance of Watershed)
WS-IV-PA (s'rotected Area)
feeeli yin 302. Watershed Areas Described.
P.
(A) WS-I Watershed Areas (Mackey Creek and Clear Creek). The intent -is to provide
maximum protection for water supphe§ within natural and undeveloped watersheds in public
Qvmersl�p by allowing only low int emsity uses. No, residential or non-residential uses are alieaswed.
6�oept those listed below. Inapa.cti from non -point source pollution shall be minimized.
(1) Allowed Uses:
(a) AgriGultuce subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990 and,ail rules and
regulations oz the Soil and Water Conservation Commission. ,
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 CAC 1I.6101-.0209).
(c) Water vivid awal, tr1eatrxaent and distribution facilities.
(e) power transmission lines.
( ) 'Density and built-u-i-ion ea limitsrdo not apply.
PE) WS-11 Watershed Pyeaw (Buck Creek) -,Critical Area (WS-H-CA). In order to
-inta?n a predominately undeveloped land use intensity pattern, single family residential uses
shanh be allowed at a maximum of one dwelling unit per 4c'kacres, All other residential and firm-
reslde,ntisl development shall be: a1lo�%aad at a maximum six percent (6°/¢) built -upon area, Nvx
residuals application sites and landfills are specifically prohibited.
7

� s
cCT 28 '02 32.52PM MC:DOWELL -OUNTY P.
(1) Allowed Uses:
(a) Agriculrff e subject to the provisions of the Food Security Act of I90 S and ch6
Food, Agricultufa.. Conservation and Trade Act of 1990 and the rules and
regulations of the' Bali. and Water Conservation Commission.
(b) Silviculture, subject w the provisions of the 1~orest Practices Guid.cl rl,s
Related to Water Quality. (15 NCAC 1I.6101-.0209),
(o) Resident, gJ devolopmerit:�
(d) Non residential development, excluding' 1) landfills and 2) sites fear land
application os residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family. es;dential,--developrnent shall not exceed one dwelling t1mit per
two (2) acres on a Oroject by project basis, No- residential lot shall be leas "har5.
two (2) acres (or 80,000 square feet excluding roadway right-of-way), scelr
within am approved cluster development.
(b) AJI Other q_8yidenrivl and N'on-Residential--development shall not exceed it
percent (&%) built-; pori area bn a .project by project basis. For the parpcse or
calculating built -upon area, total project area shall include total acreage in the 2raot
on, which the project is to be developed.
(C) WS-II Watershed Areas (Buck Creek) - Balance of Watershed (WS-R-BIRO. in
order to maintain -a predorninantld undeveloped land use intensity, single family residents uses
small be a13t3Wed a# a ana imu;n of one dvrelling unit per acre (1 dulac). All other residential 2- d
-ion raeM enttal developrne?it snail be a?l�t��d a rn.aximum of twelve percent (12%) buik-upo-r
area., Inaddition, new development may occupy ten percent (10%) of the watershed afaa whi U iS
c1:tsid(e the critical area, with Stven"`Y percent (70%) built -upon area when approvee, as a spccial
inter-sity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consist�n`
the provisions of tlij5 orCiMan'-6. Projects must, to the maximum extent practicable,
built -upon surface area, direct store water away from surface waters and incorporate Bes -
lvianag_—mat Practices to min . ize water quality impacts. Non -discharging landfills and rWsa xW
application sites are allowed.
(1) Allowed Uses: '
(a) Agriculture, subject . the'provision of the Food Security Art of 1985 arr~d
the Food, �kgricultU' -al, Conservation a rade Act of 1990.
(b) Silviculture, subject to the provisions 'of the Forest Practices Guidelines
Related to water QuLlity (15 :NCAC 11,6101-.0209).

OCT ?P 'OE 02: 53PM MCUOWELL COUNTY
ae_tion 30-4. Puffer Areas Requlrad.
P.1v
(A) A minimum thirty (JO) foot vegetative buffer for development activities is requlred
a ong ll perannial waters indicatteu o the most recent versions ofU-S.G.S- 1:24,000 (7,5 i'�?�n�Y�t
scale topographic maps or as deter -mined by local goverrment studies. Desirable artifacisl
.b-:re=Oa or shoreline stabilization 5 permitted.
1 1, o new develcpn-ert is allowed in the buffer except for water dependentt str-U-QtU;-r 6.5 .
o h?r structures such as flag poles, signs and security lights which result in only diminutive
itvcrwasws to Impervious area and pubic tuch as road crossings and greenways where no .
practical alternative exists. These activities should minimize built -upon surface area, direct n.noff
away froni the surface waters aid rnaimize the utilization of stormwater Best Management
.�actiees. -
LSa,-,tion 3050 Rules Governing the Interpretation of Watershed Area Bound2ries.
Where uncertainty exists as to "he boundaries of the watershed areas, as shown on the
Watershed Map, the following roles shall apply:
(A) Where area boundaries are indicated as approximately following either street, s,111ey,
�a lraa�l or highway lines or centerlines thereof, such lines shall be construed to be said
iooundsries.
(B) Where area boundaries are indicated as approximitelyfollowing lot lines, such lot
`Es! be construed to be said boundaries. However, a surveyed plat prepared by a re ism�r�ri
'Imd suf'veyor may be submitted to the County as evidence that one or more properties along
rs,ese boundaries do nQt lie within the 'watershed area.
(C) Where the watershed area boundaries lie, at a scaled distance more than twenty-five
(2-J) feet from any parallel lot line,'the; location -of watershed area. bourldades shall be determined
T use of -he scale appearing on the �, atershtd_asap.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) fee' ,
r lass �°am any parallel lot line, the location of watershed area boundaries shall be construed to
Ce the lot line.
OE) `here Qtber unc,-rtsi -=y 2,,ists, the Watershed Administrator shall interpret the
rr t wsIsed M-A.p as to location of such boundarie9s. This decssian may be appealed 'to the
'4rY tersl7ed Review Board.
Sect2on 306. Application of Ragulatious.
(A) -No building or land shall h8reaf<er be use6 and°W development shall take place
=- ept 1r, confor'zriity with the regui-iops herein specified for the watershed area in which ±t is
c a Ltd.
11

OCT 30 ' 02 10 : 27AM MCDOWELL COUNTY
F. 1
I
9
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60 East Couit Street
Marian, Noitt�,, 28752
Voice: 8281652-- 7121
Fax. 62'81669-3484
FAY TRANSP*IJSSION COVER SHEET � �AIR,1
Date: (alga %e"L
'To:
Fr
Fax
+�7U ,St-OUL4 RJtiCEiVE j �I INCLUDING THIS CGVEFZ SHEET, IF YOU i)o Nor Pzac;tivL
ALL THE PAGE5, PLEASE CALL 828-652-1121
V i
a
CONFIDENTIAL AND PR1VTLEGED: The information in this facsimile i$ PFMleged and confidentiai
infarmakn intended for the sole use cf th.e addressee. If the reader of thie facsimile is not the intended
recipient, or the employee or agent responsibie for deliyerinq a to the intended recipient, you are h.er`by
ftctil7ad J�st any dissemirtatibn, d`istribuiian or copying of this ccmmunication is strlctl I" recei�ladi, tFa�,smi�sio; in -ror,lace lmmedjatefy notifjr the sender, y prohibited. if you
u

" OCT 30 '02 1 ;EBRN MCDOWELL COUNTY
•
P.?
Octabtr 300 2002
Mr. Van Boyd
Post Office Box 1122
7
viarion, North Carolina 29752
Deal' Mr, Boyd:
60 East Court Street , Marion, North Carolina 28752 • [phone]
On Monday, October 21". Ken Mic11 adyen and i visited your property in Pleasant Gardons, with the
City of Marina also in attenda=, (max panel # 0792-20-8295) to discuss the proposed dmlopments
to tits IsrpV*rty pad to allow MicDoweil County to assess the development's conformi�r to the
Watmhwd Ordinance.
We understand that a berm along your north and west property lims foraz the watershed WundmY.
The relevant watershed area is a WS-II-CA (Critieai Area). Please find attached the Wat hed
O°darlance that addresses develop -Emit requirements for this watershed area desigratiom Also,
that you wish to ;have a� ace drive f om Highway 70 to the northwest confer ofyoui'
pnperty, pass'zng over the berm. We observed that work has begun on the northwest section of the
'ire in preparation for development. Last, you inftated a need to install drainage tales Un&r the
e�dsft drive at two locatiom, Chules Burleson owns the property where the drive (exclude the
lei) wA proposed tiling is heated (tax parcel # 0792-20-4490).
In prkp Um
a raspnw to tzn pr::used activities, McDowell CourAyy has contacted. Stow Zo/
Wirth the Division of Water Qmhty for his assessment of the dosed activities, which is =51glart
with Section 402 (B) of the Watershed 4rdinapice, Mr, ZouWy's response is attached.
Three item relate to tt Watershed Ordinance with this particular situation.
i . ' � be a prevwas sure. &Rln ge ova your property from. flowing to Buck Creek, and hito thhe
doumtra= water intake. In suing this need, the berm should remain undeveloped with at I t a
grm coves and a: twenty -foot setback of any development from it. The twenty -foot setback is
consistent with the rn nutes of tho October 24, 199S Plataaiirig Board meeting that resolved t
watershed boundary on your profit,.
Page I of 2

OCT 30 ' 03 10 : 38PM P CDOWELL COUNTY P .
y
1
Paving or gaveling any portion of the berm will alter drainage. Pavement and gravel, .as •air
ivwus surface, would assist altered surface drainage in entering Buck Creek, If the butt is
altered, the drainage pattern will also be altered between your property and the WS-11-CA. In doing
so, Iyour property, which is currently outside of watershed area, may then 'become part of the
watershed area and subject to the Ordinance's development requirements. It is also important to note
that 'the section of the lean proposed to be, developed lies at the lowest point of the entire berm.
The current drive is neither paved nor graveled and is parallel to Buck Creek. ice. Bmlesan's
property is 1.67 acres and has two mobile homes located on it. Paving and/or graveling creates an
k9ervious surface. This parcel is located within the watershed area and is limited to a 6% built -upon
area for any new development; the mobile homes would be excluded from the density requir
because we understauud tbmt the -tomes were on the parcel prior to the Watershed Ordiri�t,,-,•ce
implementation. Also, the Ordiimce calls for a thirty-foot setback of development activities to a
perennial stream such as Huck Creek.
To pave or gravel the cli7lve on Ift. Burleson's property to your northwest property corner, the total
bu It -upon. area cannot exceed f% of 1.67 acres, or .10 acre. Moreover, to develop the drive, it
cannot be within the thirty�foot setback of Buck Creek. McDowell County estimates that taw
F veway would be four hundred feet long and ten feet wide, for a total of 4,000'squwe feet, or .09
am. Should you Choose to develop t6 driveway, it cannot exceed the 6% built -upon area and must
be at least thirty Let from Buck Creek. It is irMortarA to note that the driveway, if developed, would
essentially eliminate any future development on I &. Burleson's parcel.
3. The ta�g would channel draimgre to. Ruck Creek in a manner inconsistent with natural drafimge
patterns.
Please call with any questions, 'Th=k you for your time and consideration.
v ,11
✓.31'u1.
Ronald Harmon
Waterslzd Administrwor
Attachments.
cc: Charles Burleson
Chuck A.bei .t r
Bob Boyette, City ofAAm- fon
Steve Zoufaly, D ion of grater Quality
Ken IVMcFadyen
Paga 2 of 2 .

r
ENR-ENVIRONMENTAL MANAGEMENT T15A: 02B . 0200
i
15A NCAC 02B .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II
WATERS
The following water quality standards apply to surface waters within water supply watersheds that are classified WS-II. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-Il waters.
(1) Best Usage of Waters. Source 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 and
any best usage specified for Class C waters.
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are in
predominantly undeveloped watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges
which qualify for a General Permit pursuant to 15A NCAC 211.0127, trout farm discharges, recycle (closed
loop) systems that only discharge in response to 10-year storm events and other stormwater discharges are
allowed in the entire watershed; new domestic and industrial discharges of treated wastewater are not
allowed in the entire watershed; the waters, following treatment required by the Division of Environmental
Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary,
and food -processing purposes which are specified in the national drinking water regulations and in the
North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500;;sources ofwater pollution
which preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard. The Class WS-II classification may be used to protect portions of Class
WS-III and WS-IV water supplies. For reclassifications of these portions of Class WS-III and WS-IV
water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification
requested by local governments shall be considered by the Commission when all local governments having
jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect the
watershed or the Commission acts to protect a watershed when one or more local governments has failed
to adopt necessary protection measures. .
(3) Quality Standards Applicable to Class WS-II Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in either Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall
have an adverse effect on human health or. which are not effectively treated to the satisfaction of
the Commission and in accordance with the requirements of the Division of Environmental
Health, North Carolina Department of Environment, Health, and Natural Resources; any
discharger may be required upon request by the Commission to disclose all chemical constituents,
present or potentially present in their wastes and chemicals which could be spilled or be present
in runoff from their facility which may have an adverse impact on downstream water quality;
these facilities may be required to have spill and treatment failure control plans as well as perform
special monitoring for -toxic substances;
(b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as a water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed:
(A) Low Density Option: Development density must be limited to either no more
than one dwelling unit per acre of single family detached residential
development (or 40,000 square foot lot excluding roadway right-of-way) or 12
percent built -upon area for all other residential and non-residential
development in the watershed outside of the critical area; Stormwater runoff
from the development shall be transported by vegetated conveyances to the
maximum extent practicable;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub -Item (3)(b)(i)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development shall not exceed 30
percent built -upon area;
(C) Land within the watershed- shall be deemed compliant with' the density
requirements if the following condition is met: The density of all existing
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1. 2002 Page 26

ENR ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area
at the time of classification;
(D) Cluster development is allowed on a project -by -project basis as follows:
(1) overall density of the project meets associated density or stormwater
control requirements of this Section;
(Il) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built -upon areas are designed and located to minimize stormwater
runoff impact to the receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated
areas; and maximize the flow length through vegetated areas;
(IV) areas of concentrated development are located in upland areas and
away, to the maximum extent practicable, from surface waters and
drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association; a local government for preservation as a park or
greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed
outside of the critical area as delineated on July 1, 1993 may be developed with
new development projects and expansions of existing development of up to 70
percent built -upon surface area in addition to the new development approved
in compliance with the appropriate requirements of Sub -Item (3)(b)(i)(A) or
Sub -Item (3)(b)(i)(B) ofthis Rule. For expansions to existing development, the
existing built -upon surface area is not counted toward the allowed 70 percent
built -upon surface area. A local government having jurisdiction within the
watershed may transfer, in whole or in part, its right to the 10 percent/70
percent land area to another local government within the watershed upon
submittal of a joint resolution and review by the Commission. When the water
supply watershed is composed of public lands, such as National Forest land,
local governments may count the public land acreage within the watershed
outside of the critical area in calculating the acreage allowed under this
provision. For local governments that do not choose to use the high density
option in that WS-II watershed, each project must, to the maximum extent
practicable, minimize built -upon surface area, direct stormwater runoff away
from surface waters and incorporate best management practices to minimize
water quality impacts; if the local government selects the high density
development option within that WS41 watershed, then engineered stormwater
controls must be employed for the new development;
(F) If local governments choose the high density development option which
requires stormwater controls, then they shall assume ultimate responsibility for
operation and maintenance of the required controls as outlined in Rule .0104
of this Subchapter;
(G) Minimum 100 foot vegetative buffer is required for all new development
activities that exceed the low density option requirements as specified in
Sub -Items (3)(b)(i)(A) and Sub -Item (3)(b)(ii)(A) of this Rule; otherwise a
minimum 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
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1.2002 Pace 27

A.,
ENR-ENVIRONMENTAL MANAGEMENT TI5A: 02B .0200
(7.5 minute) scale topographic maps or as determined by local government
studies; ' nothing in this Section shall stand as a bar to desirable artificial
streambank or shoreline stabilization;
(H) No new development is allowed in the buffer; water dependent structures, or
other structures such as flag poles, signs and security lights, which result in
only diminimus increases in impervious area and public projects such as road
crossings and greenways may be allowed where no practicable alternative
exists; these activities shall minimize built -upon surface area, direct runoff
away from the surface waters and maximize the utilization of BMPs;
(I) No NPDES permits shall be issued for landfills that discharge treated leachate;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: New development is limited to either no more than one
dwelling unit of single family detached residential development per two acres
(or 80,000 square foot lot excluding roadway right-of-way) or six percent
built -upon area for all other residential and non-residential development;
Stormwater runoff from the development shall betransported by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: If new development density exceeds the low density
requirements specified in Sub -Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development density not to exceed
24 percent built -upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils are allowed;
(D) No new landfills are allowed;
(c) Odor producing substances contained in sewage or other wastes: only such amounts, whether
alone or in combination with other substances or wastes, as will not cause: taste and odor
difficulties in water supplies which cannot be corrected by treatment, impair the palatability of
fish, or have a deleterious effect upon any best usage established for waters of this class;
(d) Phenolic compounds: not greater than 1.0 ug/1(phenols) to protect water supplies from taste and
odor problems from chlorinated phenols;
(e) Total hardness: not greater than 100 mg/1 as calcium carbonate;
(f) Total dissolved solids: not greater than 500 mg/l;
(g) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non -carcinogens in Class
WS-II waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Manganese: 200 ug/l;
(D) Nickel: 25 ug/l;
(E) Nitrate nitrogen: 10 mg/l;
(F) 2,4-13: 100 ug/l;
(G) 2,4,5-TP: 10 ug/l;
(H) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-11
waters:
(A) Beryllium: 6.8 ng/l;
(B) Benzene: 1.19 ug/l;
(C) Carbon tetrachloride: 0.254 ug/l;
(D) Chlorinated benzenes: 488 ug/l;
(E) Dioxin: 0.000013 ng/l;
(F) Hexachlorobutadiene: 0.445 ug/l;
(G) Polynuclear aromatic hydrocarbons: 2.8 ng/l;
NORTH CAROLINA ADMINISTRATIVE CODE Eff: January 1.2002 Pave 28

ENR-ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
(H)
Tetrachloroethane (1,1,2,2): 0.172 ug/1;
(I)
Tetrachloroethylene: 0.8 ug/l;
(J)
Trichloroethylene: 3.08 ug/l;
(K)
Vinyl Chloride: 2 ug/l;
(L)
Aldiin: 0.127 ng/l;
(M)
Chlordane: 0.575 ng/l;
(N)
DDT: 0.588 ng/1;
(0)
Dieldrin: 0.135 ng/1;
(P)
Heptachlor: 0.208 ng/1.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. May 10, 1979,
Amended Eff.' January 1, 1996; October 1, 1995.
15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III
WATERS
The following water quality standards apply to surface water supply waters that are classified WS411. Water quality standards
applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-III waters.
(1) Best Usage of Waters. Source 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 and any other best usage
specified for Class C waters;"
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are generally
in low to moderately developed watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges that
qualify for a General Permit pursuant to 15A NCAC 2H..0127, trout farm discharges, recycle (closed loop)
systems that only discharge in response to 10-year storm events, and other stormwater discharges are
allowed in the entire watershed; treated domestic wastewater discharges are allowed in the entire watershed
but no new domestic wastewater discharges are allowed in the critical area; no new industrial wastewater
discharges except non -process industrial discharges are allowed in the entire watershed; the waters,
following treatment required by the Division of Environmental Health, shall meet the Maximum
Contaminant Level concentrations considered safe for drinking, culinary, or food -processing purposes
which are specified in the national drinking water regulations and in the North Carolina Rules Governing
Public Water Supplies, 15A NCAC 18C .1500; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water quality standard; the
Class WS-III classification may be used to protect portions of Class WS-IV water supplies. For
reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide
reclassification, the more protective classification requested by local governments shall be considered by
the Commission when all local governments having jurisdiction in the affected area(s) have adopted a
resolution and the appropriate ordinances to protect the watershed or the Commission acts to protect a
watershed when one or more local governments has failed to adopt necessary protection measures.
(3) Quality Standards Applicable to Class WS-III Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall have
an adverse effect on human health or which are not effectively treated to the satisfaction of the
Commission and in accordance with the requirements of the Division of Environmental Health,
North Carolina Department of Environment, Health, andNatural Resources; any discharger may
be required by the Commission to disclose all chemical constituents present or potentially present
in their wastes and chemicals which could be spilled or be present in runoff from their facility
which may have an adverse impact on downstream water quality; these facilities may be required
to have spill and treatment failure control plans as well as perform special monitoring for toxic
substances;
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2002 Pave 29

ENR -ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
15A NCAC 02B .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-H
WATERS
The following water quality standards apply to surface waters within water supply watersheds that are classified WS-II. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-II waters.
(1) Best Usage of Waters. Source 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 and
any best usage specified for Class C waters.
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are in
predominantly undeveloped watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges
which qualify for a General Permit pursuant to 15A NCAC 2H .0127, trout farm discharges, recycle (closed
loop) systems that only discharge in response to 10-year storm events and other stormwater discharges are
allowed in the entire watershed; new domestic and industrial discharges of treated wastewater are not
allowed in the entire watershed; the waters, following treatment required by the Division of Environmental
Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary,
and food -processing purposes which are specified in the national drinking water regulations and in the
North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500; sources ofwater pollution
which preclude any of these uses on either a short-term or long -tern basis shall be considered to be
violating a water quality standard. The Class WS-11 classification may be used to protect portions of Class
WS-III and WS-IV water supplies. For reclassifications of these portions of Class WS-III and WS-IV
water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification
requested by local governments shall be considered by the Commission when all local governments having
jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect the
watershed or the Commission acts to protect a watershed when one or more local governments has failed
to adopt necessary protection measures.
(3) Quality Standards Applicable to Class WS-II Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in either Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall
have an adverse effect on human health or. which are not effectively treated to the satisfaction of
the Commission and in accordance with the requirements of the Division of Environmental
Health, North Carolina Department of Environment, Health, and Natural Resources; any
discharger may be required upon request by the Commission to disclose all chemical constituents
present or potentially present in their wastes and chemicals which could be spilled or be present
in runoff from their facility which may have an adverse impact on downstream water quality;
these facilities may be required to have spill and treatment failure control plans as well as perform
special monitoring for toxic substances;
(b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as a water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed:
(A) Low Density Option: Development density must be limited to either no more
than one dwelling unit per acre of single family detached residential
development (or 40,000 square foot lot excluding roadway right-of-way) or 12
percent built -upon area for all other residential and non-residential
development in the watershed outside of the critical area; Stormwater runoff
from the development shall be transported by vegetated conveyances to the
maximum extent practicable;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub -Item (3)(b)(i)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development shall not exceed 30
percent built -upon area;
(C) Land within the watershed- shall be deemed compliant with the density
requirements if the following condition is met: The density of all existing
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2002 Page 26

ENR-ENVIRONMENTAL MANAGEMENT 4 TI SA: 02B.0200
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area
at the time of classification;
(D) Cluster development is allowed on a project -by -project basis as follows:
(1) overall density of the project meets associated density or stormwater
control requirements of this Section;
(II) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built -upon areas are designed and located to minimize stormwater
runoff impact to the receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated
areas; and maximize the flow length through vegetated areas;
(IV) areas of concentrated development are located in upland areas and
away, to the maximum extent practicable, from surface waters and
drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association; a local government for preservation as a park or
greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed
outside of the critical area as delineated on July 1, 1993 may be developed with
new development projects and expansions of existing development of up to 70
percent built -upon surface area in addition to the new development approved
in compliance with the appropriate requirements of Sub -Item (3)(b)(i)(A) or
Sub -Item (3)(b)(i)(B) of this Rule. For expansions to existing development, the
existing built -upon surface area is not counted toward the allowed 70 percent
built -upon surface area. A local government having jurisdiction within the
watershed may transfer, in whole or in part, its right to the 10 percent/70
percent land area to another local government within the watershed upon
submittal of a joint resolution and review by the Commission. When the water
supply watershed is composed of public lands, such as National Forest land,
local governments may count the public land acreage within the watershed
outside of the critical area in calculating the acreage allowed under this
provision. For local governments that do not choose to use the high density
option in that WS-II watershed, each project must, to the maximum extent
practicable, minimize built -upon surface area, direct stormwater runoff away
from surface waters and incorporate best management practices to minimize
water quality impacts; if, the local government selects the high density
development option within that WS-II watershed, then engineered stormwater
controls must be employed for the new development;
(F) If local governments choose the high density development option which
requires stormwater controls, then they shall assume ultimate responsibility for
operation and maintenance of the required controls as outlined in Rule .0104
of this Subchapter;
(G) Minimum 100 foot vegetative buffer is required for all new development
activities that exceed the low density option requirements as specified in
Sub -Items (3)(b)(i)(A) and Sub -Item (3)(b)(ii)(A) of this Rule; otherwise a
minimum 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
NORTH CAROLINA ADMINISTRATIVE CODE Eff: January I, 2002 Pare 27

ENR-ENVIRONMENTAL MANAGEMENT T15A: 02E .0200
(7.5 minute) scale topographic maps or as determined by local government
studies; nothing in this Section shall stand as a bar to desirable artificial
streambank or shoreline stabilization;
(H) No new development is allowed in the buffer; water dependent structures, or
other structures such as flag poles, signs and security lights, which result in
only diminimus increases in impervious area and public projects such as road
crossings and greenways may be allowed where no practicable alternative
exists; these activities shall minimize built -upon surface area, direct runoff
away from the surface waters and maximize the utilization of BMPs;
(I) No NPDES permits shall be issued for landfills that discharge treated leachate;
(ii) Critical Area Nonpoint Source and Stonnwater Pollution Control Criteria:
(A) Low Density Option: New development is limited to either no more than one
dwelling unit of single family detached residential development per two acres
(or 80,000 square foot lot excluding roadway right-of-way) or six percent
built -upon area for all other residential and non-residential development;
Stormwater runoff from the development shall be transported by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: If new development density exceeds the low density
requirements specified in Sub -Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development density not to exceed
24 percent built -upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils are allowed;
(D) No new landfills are allowed;
(c) Odor producing substances contained in sewage or other wastes: only such amounts, whether
alone or in combination with other substances or wastes, as will not cause: taste and odor
difficulties in water supplies which cannot be corrected by treatment, impair the palatability of
fish, or have a deleterious effect upon any best usage established for waters of this class;
(d) Phenolic compounds: not greater than 1.0 ug/l (phenols) to protect water supplies from taste and
odor problems from chlorinated phenols;
(e) Total hardness: not greater than 100 mg/l as calcium carbonate;
(f) Total dissolved solids: not greater than 500 mg/l;
(g) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non -carcinogens in Class
WS-II waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Manganese: 200 ug/l;
(D) Nickel: 25 ug/l;
(E) Nitrate nitrogen: 10 mg/l;
(F) 2,4-D: 100 ug/l;
(G) 2,4,5-TP: 10 ug/l;
(H) Sulfates: 250 mg/l;
00 Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-11
waters:
(A) Beryllium: 6.8 ng/l;
(B) Benzene: 1.19 ug/l;
(C) Carbon tetrachloride: 0.254 ug/l;
(D) Chlorinated benzenes: 488 ug/l;
(E) Dioxin: 0.000013 ng/l;
(F) Hexachlorobutadiene: 0.445 ug/l;
(G) Polynuclear aromatic hydrocarbons: 2.8 ng/l;
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2002 Page 28

ENR-ENVIRONMENTAL MANAGEMENT TI5A: 02B .0200
(H)
Tetrachloroethane (1,1,2,2): 0.172 ug/l;
(I)
Tetrachloroethylene: 0.8 ug/l;
(J)
Trichloroethylene: 3.08 ug/l;
(K)
Vinyl Chloride: 2 ug/l;
(L)
Aldkin: 0.127 ng/l;
(M)
Chlordane: 0.575 ng/l;
(N)
DDT: 0.588 ng/l;
(0)
Dieldrin: 0.135 ng/l;
(P)
Heptachlor: 0.208 ng/l.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. May 10, 1979;
Amended Eff January 1, 1996; October 1, 1995.
15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III
WATERS
The following water quality standards apply to surface water supply waters that are classified WS-I11. Water quality standards
applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-III waters.
(1) Best Usage of Waters. Source 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 and any other best usage
specified for Class C waters;
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are generally
in low to moderately developed watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges that
qualify for a General Permit pursuant to 15A NCAC 211.0127, trout farm discharges, recycle (closed loop)
systems that only discharge in response to 10-year storm events, and other stonnwater discharges are
allowed in the entire watershed; treated domestic wastewater discharges are allowed in the entire watershed
but no new domestic wastewater discharges are allowed in the critical area; no new industrial wastewater
discharges except non -process industrial discharges are allowed in the entire watershed; the waters,
following treatment required by the Division of Environmental Health, shall meet the Maximum
Contaminant Level concentrations considered safe for drinking, culinary, or food -processing purposes
which are specified in the national drinking water regulations and in the North Carolina Rules Governing
Public Water Supplies, 15A NCAC 18C .1500; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water quality standard; the
Class WS-III classification may be used to protect portions of Class WS-IV water supplies. For
reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide
reclassification, the more protective classification requested by local governments shall be considered by
the Commission when all local governments having jurisdiction in the affected area(s) have adopted a
resolution and the appropriate ordinances to protect the watershed or the Commission acts to protect a
watershed when one or more local governments has failed to adopt necessary protection measures.
(3) Quality Standards Applicable to Class WS-III Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall have
an adverse effect on human health or which are not effectively treated to the satisfaction of the
Commission and in accordance with the requirements of the Division of Environmental Health,
North Carolina Department of Environment, Health, and Natural Resources; any discharger may
be required by the Commission to disclose all chemical constituents present or potentially present
in their wastes and chemicals which could be spilled or be present in runoff from their facility
which may have an adverse impact on downstream water quality, these facilities may be required
to have spill and treatment failure control plans as well as perform special monitoring for toxic
substances;
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2002 Page 29

McDowell County
October 29, 2008
Raymond Foster
1818 US Hwy 70 West
Marion, NC 28752
OCT 3 0 2008
WATER QUALITY SE-TIC-M
A F =NIECE R-f-,:Ci lAL OFFICE
60 East Court Street"-- Merlon, North Carolina 28752
Telephone: [phone] • Fax: [phone]
Website: www.mcdoweUgov com
Re: Re -vegetation of Buffer on Buck Creek: Floodplain Violation
Mr. Foster:
As discussed in our phone conversation, you are in violation of the McDowell
County Watershed Ordinance. Your encroachment on the 30 foot vegetated buffer is the
issue. According to the McDowell County Watershed Ordinance in section 304 it states:
"A minimum 30 foot vegetated 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 (7.5
minute) scale topographic maps or as determined by local governments studies. Desirable
artificial Streambank or shoreline stabilization is permitted." I understand that you did
seek Army Corps permission for the project; however they do not have final authority
over of this manner in the Watershed.
Due to the Watershed Classification of your property, (WS-I Critical Area), it is of
utmost importance that the area disturbed is replanted. The proximity of your property to
the City of Marion water intake makes it even more important that this replanting is done
in a timely manner. The North Carolina Department of Environment and Natural
Resources has a publication with plants and grasses that are allowable to be replanted in
Watershed areas. I am enclosing a copy of this publication for your review. Please note
that the access road down to the area must also be replanted in some type of desirable
vegetation.
You will have 30 days from the receipt of this letter to complete the replanting of this
area. If you feel this is not enough time please contact me and we will discuss the issue.
Any other questions you may have can be directed to me. I will be happy to answer any
questions you have, or you can contact Janet Cantwell with the North Carolina
Department of Environment and Natural Resources as well. Her number is 828-296-
4500. Mrs. Cantwell is the person assigned to our county in regards to Watershed issues
for NCDENR.

Watershed Protection
Subject: Watershed Protection
From: Ray McCall <[e-mail]>
Date: Thu, 13 Nov 2008 14:39:44 -0500
To: "[e-mail]" <[e-mail]>, Ronald Harmon
<[e-mail]>, Steve Miller <[e-mail]>, Bob Boyette
<[e-mail]>, Chris Hollifield <[e-mail]>, Janet Cantwell
<Janet. [e-mail]>
CC: Jim Adams <Jim. Adams @ncmail. net>, 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 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 - [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 <Ray.McCall(-,ncmail.net>
NC DENR - Asheville Regional Office
Division of Environmental Health - Public Water Supply
1 of 1 11/13/2008 3:08 PM

Watershed Protection
Subject: Watershed Protection
From: Ray McCall <[e-mail]>
Date: Thu, 13 Nov 2008 14:39:44 -0500
To: "[e-mail]" <[e-mail]>, Ronald Harmon
<[e-mail]>, Steve Miller <[e-mail]>, Bob Boyette
<[e-mail]>, Chris Hollifield <[e-mail]>, Janet Cantwell
<Janet. [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 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'@ncmai1-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.McCall(a-,ncmail.net>
NC DENR - Asheville Regional Office
Division of Environmental Health - Public Water Supply
1 of 1 11/13/2008 3:08 PM

Michael F. Easley, Governor
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
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
NorthCarohna
Naturallff
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

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
. Division of Water Quality
January 23, 2006
Max Boyd
Chairman, McDowell County Planning Board
Watershed Board of Adjustments
60 East Court Streets,
Marion, North Carolina 28752
I
Subject: Marion Water Supply Intake
Buck Creek
McDowell County
Dear Mr. Boyd
On January 5, 2006, NC Division of Water Quality received your letter requesting clarification and
definitions with respect to vegetated .riparian buffer requirements set forth in Title 15A NCAC 2B
.0200. Specifically, your letter detailed concerns regarding an area near the water intake along
Buck Creek in McDowell County.
A Division of Water Quality file review identified the water supply critical area for Buck Creek.
This area includes the City of Marion water supply intake and continues upstream. This stream
segment is classified as a Water Supply II, Trout, High Quality Waters, Critical Area.
Your letter requests that we provide you a "statewide definition.of impounded and non -impounded
waters, and the definition of a weir". The definitions listed in Title 15A NCAC 2B .0200 do not
include the terms impounded, non -impounded, or weir. However, the term Critical Area is
defined. For reservoirs, the critical area is defined as 0.5 miles around the normal pool elevation
of the reservoir. Conversely, for water supply intakes located directly in the stream (run -of -the -
river), the critical area is defined as 0.5 miles upstream from and draining to the intake located in
the river.
According to DWQ's stream classification schedule, Buck Creek (including Marion's water supply
intake) is listed as a "creek". The stream feature is not listed as a reservoir in the classification
schedule. Further, pursuant to 15A NCAC 02B .0202 (20) and 15A NCAC 02B .0214 riparian
setbacks are required adjacent to perennial waters. For perennial streams, riparian areas are
measured landward from the top of the bank. "Top -of -bank" is the geomorphological edge of the
stream. If you need assistance with top -of -bank determinations in the field please do not hesitate
to contact the Asheville Regional Office at [phone].
Water Supply rules,aside, DWQ wants to take this opportunity to inform you that the file review
indicates that the stream is classified as a trout stream. As such, the subject
N�o a Carolina
Ntura!!b
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us . 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Page 2of2
McDowell County
stream segment also has a 25-foot trout buffer requirement as implemented by the Division of
Land Resources (DLR). Additionally, if land disturbance exceeds 1 acre, a DLR erosion and
sedimentation control plan is required, and full compliance with the Construction Stormwater
Permit (NCGO10000) is also required.
Thank you for your attention to this matter. If you wish to further discuss your concerns please do
not hesitate to contact Danny Smith at [phone] ext. 353 or Janet Cantwell at (828) 296-
4600.
Si ely, <
Danny Smith/
NPS Assistance and Compliance Oversight
cc: Roger Edwards- ARO
Danny Smith — NPS Assistance and Compliance Oversight
City of Marion — Bob Boyette, Drawer 700, Marion, NC 28752
Division of Land Resources- ARO
Ron Harmon — McDowell County, 60 East Court Streets,
Marion, NC 28752

01/23,12006 09:34 9197339812
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
• 1617 Wit SoMoo Center
Raleigh, NC 27699-1617
F= 919-733-2196 �1ia f
Phone: [phone]
TELEGOpY TO:
FAX NUMBER:
1=RCM• 2 .''� r-a ,� • � .
PHONE: # OF PAGES 1NCUIDING THIS SHEET'
COMMENTS,
1 ._ F f , 46 �'�1

01/23,12006 09:34 9197339612
McDowen
December U, Z005
PAGE 02
pIV OFWATFR.QUMM.
County60 DIM Court Sttieet • Marion, North 0.Y4ua 28752
T.I. one. (9281652-7121- IFHY: (826) 651.�3484,
NX. WAIsion of Wateir Quality
Mir. A`an'%W. K11ttt�ek, P.E.
1617 Mail. Service Centex
Raleigh, NC 27699-1617
Re: Clari-acation and Deftitions
ivlr. �.limelk: :_ _.. •
The McDowp,11 County Watershed Board of Adjustment had an 1S5ue brought
before them on Ruck. Creek near. the City.of Marion"s water intake. Tlid iksue• vs -AAftkh _r�
•• . • _ :. •..--.�. +ram e•_-�_._f_ --..�.._.-.. �.. L.. S..:.4„•,n;-a•..; r1a�i;.nrvs,r'ti4; Yv'f'rv+,f titntTf .l� _.
`4k! 1dtrL!LIiG`e'RA Gcrawcu^u� .v�.,y .,,.-..•—_`-�.,...... ��_�h•---:
waters. The county and the property QI'vne`rs have measured th buffer As,being
impoutldod waters, the, regional office of DENR tells the County' that the waters tMe non: ;
impounded. This.brfts up the :dilemma of where the buffer would be measured from. .
The Asho-,dlle Regional office tells McDowell County that ft water at tie City of
Mmrlon,s water intake is non impounded, thus meaning the buffer is nieEsuied ixarn the
top of the creek bank back 30 feet. 'lie county lass always Wiei
txte nt e c Lcalridri "oarl�u,u g_nvtrkf d
snp
water to' be impounded. prom the county's interpretation the buffer was tiaeasured from
the ugh water z r C back 30 Feet. If the waters on Suck Creek are ivade4 non imxpouu&d
free flotiving Wafers, the owner of the property has encroached on the bts fer area:.
The 'Watershed Board of A•daustments ti�c�=iik�=ilia st�te��ide: clefs__, nt�uz� cr€ �ouiatl�d ..
acl� ulrips�urlcicd v Ls, and the�lcfinzti��i.oya-"wear". �rerwc'ulej also Like to know
vahere;th tsp i�tix�ereek-barJ beis�s for t�oxl impoundedters. Zhe aaaxd of '
Ad'u prlent wc+�ald like #owlar�s vw ix�a `,�by el�ultlala $om the date gf�Ioxth Cart�]'iiia
as cc3usldete(14 Structure tc:ztarp� und�ar�`dsna"—wnte� _

01/23,12006 09:34 9197339612 PAGE 03
G
u
The Watershed Hoard of Adjustments scheduled a "Watershed Workshop":with
representatives from the Asheville DENEt office for November. This was to be an
oortunity to discuss this issue and to further our understanding of the interpretation
PPpthe Asheville Office. 'The representatives from the Asheville office scheduled to befrom
.
present canceled 2 days before the ww ing, and stated that they would be present at the
January meeting to have the workshop. County Planning Administrator Roy. Tlarmon
asked for clarification on the definitions listed earlier to be sent before the meeting. No '
ope from the Asheville office has yet to respond with answers to these questions.
We the members of the Watershed Review Board are asking that you please responnd with •.
answers to the questions we pose in this letter. We also want you to know chat the county
adapted .Watershed_ Regulations in 1996. We would like response to this better before
T'hr nk ygii.very baueh far your' attentl6ri to this very iznporCant matter. O-yau need'further
information please contact Ron Harmon in the McDowell County Plamiiag Department. .
at 928.652.7121 ext 341..or rharmon mcdowell ov.couz.
Sincerely,
Max Boyd
Chai1ma111, McDowell. County Planning Board/Watershed Board of A, djustmezxts
Cc: Plawdng Board. Members
Chuck Abernathy, McDowell County Manager
- Ronald Harmon McDowell County Planning Admixdstrator,

January 23, 2006
Max Boyd
Chairman, McDowell County Planning Board
Watershed Board of Adjustments
60 East Court Streets,
Marion, North Carolina 28752
Subject: Marion Water Supply Intake
Buck Creek
McDowell County
Dear Mr. Boyd
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
>-Iflk
t1A N
2 5 2006
{
I
Vy%,T`R
QUALITY
SF Tlt,l ll'
_CF
On January 5, 2006, NC Division of Water Quality received your letter requesting clarification and
definitions with respect to vegetated riparian buffer requirements set forth in Title 15A NCAC 2B
.0200. Specifically, your letter detailed concerns regarding an area near the water intake along
Buck Creek in McDowell County.
A Division of Water Quality file review identified the water supply critical area for Buck Creek.
This area includes the City of Marion water supply intake and continues upstream. This stream
segment is classified as a Water Supply H, Trout, High Quality Waters, Critical Area.
Your letter requests that we provide you a "statewide definition.of impounded and non -impounded
waters, and the definition of a weir". The definitions listed in Title 15A NCAC 2B .0200 do not
include the terms impounded, non -impounded, or weir. However, the term Critical Area is
defined. For reservoirs, the critical area is defined as 0.5 miles around the normal pool elevation
of the reservoir. Conversely, for water supply intakes located directly in the stream (run -of -the -
river), the critical area is defined as 0.5 miles upstream from and draining to the intake located in
the river.
According to DIVQ's stream classification schedule, Buck Creek (including Marion's water supply
intake) is listed as a "creek". The stream feature is not listed as a reservoir in the classification
schedule. Further, pursuant to 15A NCAC 02B .0202 (20) and 15A NCAC 02B .0214 riparian
setbacks are required adjacent to perennial waters. For perennial streams, riparian areas are
measured landward from the top of the bank. "Top -of -bank" is the geomorphological edge of the
stream. If you need assistance with top -of -bank determinations in the field please do not hesitate
to contact the Asheville Regional Office at [phone].
Water Supply rules aside, DWQ wants to take this opportunity to inform you that the file review
indicates that the stream is classified as a trout stream. As such, the subject
No`r Carolina
lVatura!!y
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Intemet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Fage2of2
McDowell County
stream segment also has a 25-foot trout buffer requirement as implemented by the Division of
Land Resources (DLR). Additionally, if land disturbance exceeds 1 acre, a DLR erosion and
sedimentation control plan is required, and. full compliance with the Construction Stormwater
Permit (NCGO10000) is also required.
Thank you for your attention to this matter. If you wish to further discuss your concerns please do
not hesitate to contact Danny Smith at [phone] ext. 353 or Janet Cantwell at (828) 296-
4600.
rely,
Danny Smith/
NPS Assistance and Compliance Oversight
cc: Roger Edwards- ARO
Danny Smith — NPS Assistance and Compliance Oversight
City of Marion — Bob Boyette, Drawer 700, Marion, NC 28752
Dzvsio of L-= 'esources °FARO
Ron Harmon — McDowell County, 60 East Court Streets,
Marion, NC 28752

S
NC DENR - DIVISON OF WATER QUALITY
.0308 CATAWBA RIVER BASIN
Name of Stream
Sheehan Creek (Shoehan
Creek)
Deerstand Creek
Slim Creek
Firescald Creek
Description
2B .0300
From source to Little Buck
Creek
From source to Little Buck
Creek
From source to Deerstand
Creek
From source to Slim Creek
Classification
Class Date Index No.
WS-II,B;Tr,HQ 08/03/92 11-19-11-2
W
WS-II,B;Tr,HQ 08/03/92 11-19-11-3
W
WS-II,B;Tr,HQ 08/03/92 -11-19-11-3-1
W
WS-II,B;Tr,HQ 08/03/92 11-19-11-3-1-1
W
Long Branch
From source to Little Buck
WS-II,B;Tr,HQ
08/03/92
11-19-11-4
Creek
W
Possey Branch
From source to Little Buck
WS-II,B;Tr,HQ
08/03/92
11-19-11-5
Creek
W
Bee Branch
From source to Little Buck
WS-II,B;Tr,HQ
08/03/92
11-19-11-6
Creek
W
_Buck Creek* �r - Fro oD-� am at Lace ;Ta€ioma�,Eo a
11 �19
WS 3SI Tr-„HQW NOB/_03;/92:
.. t�fO 6• mi-lq- u�stYeam
rMarrion Walter Supp3y,;ake
Persimmon Creek
From source to Buck Creek
WS-II;HQW
08/03/92
11-19-13
Buck C_YeeJc — `—�—
From aR post 0. 6 mill e
WS�I¢rT. I QW,
OBk/'03//92
�1-��9L](M13rt5�}16 9
1, upstream o ;INaron Water
^Supply�,Intake tRTLign
Water Suhy
gpIn�Nake
'
—
7Ftr-om Marion7-Water, ,Supply
-
C;Tr
--
_"---
(InLaJee 4ozCat—a?baPver
- --_-��
Nix Creek (Nicks Creek)
From source to Catawba River
C
03/01/62
11-20
Toms Creek
From source to Harris Creek
C;Tr,HQW
08/01/98
11-21-(1)
Toms Creek
From Harris Creek to
C;HQW
08/01/98
11-21-(2)
McDowell County SR 1434
Harris Creek
From source to Toms Creek
C;Tr,HQW
08/01/98
11-21-3
South Fork Toms Creek
From source to Toms Creek
C;Tr,HQW
08/01/98
11-21-4
Betsy Creek
From source to Toms Creek
C;Tr,HQW
08/01/98
11-21-5
Toms Creek (Morgan Lake)
From McDowell County SR 1434
C
03/01/62
11-21-(6)
to Catawba River
Johns Creek
From source to Catawba River
C;Tr
03/01/62
11-22
CATAWBA RIVER (Lake James
From North Fork Catawba
WS-V,B
04/01/99
11-(23)
below elevation 1200)
River to Bridgewater Dam
North Fork Catawba River
From source to mouth of
C;Tr
03/01/62
11-24-(1)
Laurel Branch
Locust Spring Branch
From source to North Fork
C;Tr
07/01/73
11-24-2
Catawba River
North Fork Catawba River
From mouth of Laurel
B;Tr
09/01/96
11-24-(2.5)
Branch to Armstrong Creek
Laurel Branch
From source to North Fork
C;Tr
07/01/73
11-24-3
Catawba River
n

NC DENR - DIVISON OF WATER QUALITY
.0308 CATAWBA RIVER BASIN
Name of Stream
2B .0300
Classification
Description Class Date Index No.
Laurel Fork Creek
From
source
to
Mackey Creek
C;Tr,HQW
08/01/90
11-15-3
Mackey Creek
From
Laurel
Fork Creek to
C
03/01/62
11-15-(3.5)
Catawba River
Knife Branch
From
source
to
Mackey Creek
C;Tr
07/01/73
11-15-4
Stillhouse Branch
From
source
to
Mackey Creek
C
03/01/62
11-15-5
Jake Creek
From
source
to
Catawba River
C
03/01/62
11-16
Beatty Branch
From
source
to
Catawba River
C
03/01/62
11-17
Carson Branch
From
source
to
Beatty Branch
C
03/01/62
11-17-1
Licklog Branch
From
source
to
Beatty Branch
C
03/01/62
11-17-2
Paxton Creek
From
source
to
Beatty Branch
C
03/01/62
11-17-3
Poplar Cove Creek
From
source
to
Paxton Creek
C
03/01/62
11-17-3-1
Clear Creek
From
source
to
Marion
WS-I;Tr,HQW
08/03/92
11-18-(1)
Water Supply Intake
Clear Creek
From
Marion
Water Supply
C
03/01/62
11-18-(2)
Intake to Catawba River
Deep Cove Creek
From
source
to
Clear Creek
C
03/01/62
11-18-3'
Tan Branch
From
source
to
Clear Creek
C
03/01/62
11-16-4
B_uek-,�Creek�(Lalce Tahoma) j,�}�Frrom
source Uo^'�Dam�at� Lakert.,�
. WS;a;II, B, Tr HQ�b�/�2�,r, It 19.- (y 1,;)--�
ITahama
W
Singecat Branch
From
source
to
Buck Creek
WS-II,B;HQW
08/03/92
11-19-2
Licklog Creek
From
source
to
Buck Creek
WS-II,B;Tr,HQ
08/03/92
11-19-3
W
Walnut Creek
From
source
to
Licklog Creek
WS-II,B;Tr,HQ
08/03/92
11-19-3-1
W
Sugar Cove Creek
From
source
to
Licklog Creek
WS-II,B;Tr,HQ
08/03/92
11-19-3-2
W
Duncan Cove Creek
From
source
to
Sugar Cove
WS-II,B;Tr,HQ
08/03/92
11-19-3-2-1
Creek
W
Sams Creek
From
source
to
Licklog Creek
WS-II,B;Tr,HQ
08/03/92
11-19-3-3
W
Burgins Fork
From
source
to
Buck Creek
WS-II,B;HQW
08/03/92
11-19-4
Straight Branch
From
source
to
Buck Creek
WS-II,B;HQW
08/03/92
11-19-5
Locust Creek
From
source
to
Buck Creek
WS-II,B;HQW
08/03/92
11-19-6
Bear Cave Branch
From
source
to
Locust Creek
WS-II,B;HQW
08/03/92
11-19-6-1
Long Branch
From
source
to
Buck Creek
WS-II,B;Tr,HQ
08/03/92
11-19-7
W
Reedy Branch
From
source
to
Buck Creek
WS-II,B;HQW
08/03/92
11-19-8
Chestnut Branch
From
source
to
Lake
WS-II,B;Tr,HQ
08/03/92
11-19-9
Tahoma, Buck Creek
W
Orchard Creek
From
source
to
Lake
WS-II,B;HQW
08/03/92
11-19-10
Tahoma, Buck Creek
Little Buck Creek
From
source
to
Lake
WS-II,B;Tr,HQ
08/03/92
11-19-11
Tahoma, Buck Creek
W
Rattlesnake Branch
From
source
to
Little Buck
-WS-II,B;Tr,HQ
08/03/92
11-19-11-1
Creek
W
3

CATAWBA RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Buchanan Creek
CTB30
11-24-14-10-1
D10SE1
C;HQW
Buck Creek -�"9 ' '
3TB3D*
!W1 1l 9 �(µ12s)
El'ONE2 ;_�F .,,]
WS�IIti;Tr` FkQW r
Buck Cre
CTB30�
e 1-19- 13.5)
rE1TONE5
�WS-I:I;'F_r,HW,LC�
Buck Creek
CTB3
1 -19- 14)'
E1 N y
Tr
uCk3Cx,ee
.- �rTg3p1 lil 315�2�1�24�"rDT1rNE7 -WS
TIIr'Tr' ORW-*
(Suck Cr-ee �f, 'akeTahoma')i
CTB30
A� 9 (�1e)
D7
WS I•I, B;t6r,�QW
Bucks Timber Creek
CTB31
11-38-34-6-1
C11SE6
C;Tr,ORW
Buckwheat Branch
CTB30
11-29-12
D11NW2
C
Buffalo Shoals Creek.
CTB32
11-78-(0.5)
D14SEB
WS-IV
Buffalo Shoals Creek
CTB32
11-78-(3)
E14NE3
WS-IV;CA
Bull Branch
CTB30
11-29-18
D11NW6
C
Bunt Creek (Burnt Creek)
CTB30
11-29-6-1
C11SW9
C;Tr
Burgen Creek (Butch Branch)
CTB30
11-9
E1ONW8
C
Burgins Fork
CTB30
11-19-4
D10SW9
WS-II,B;HQW
Burntfield Branch
CTB31
11-38-16
C12SWB
B
Burnthouse Branch
CTB31
11-35-2-5
D11NE5
WS-III;Tr,ORW
Burton Branch
CTB36
11-129-16-8
F14SW6
C
Burton Creek (Border Creek)
CTB32
11-102
E15SW7
WS-IV;CA
Byers Creek
CTB32
11-89-(1)
E15SE1
WS-IV
Byers Creek
CTB32
11-89-(2)
E15SE1
WS-IV;CA
CATAWBA RIVER
CTB30
11-(1)
E09SE3
C;Tr
CATAWBA RIVER (Lake Hickory below elevation
CTB31
11-(51)
D13SWB
WS-IV,B;CA
935)
CATAWBA RIVER
(Lake
Hickory below elevation
CTB32
11-(51)
D13SW8
WS-IV,B;CA
935)
CATAWBA RIVER
(Lake
Hickory below elevation
CTB32
11-(53)
D13SW9
WS-IV,B;CA
935)
CATAWBA RIVER
(Lake
Hickory below elevation
CTB32
ll-(59.5)
D13SE5
WS-V,B
935)
CATAWBA RIVER
(Lake
James below elevation 1200)
CTB30
11-(23)
E11NW1
WS-V,B
CATAWBA RIVER
(Lake
Norman below elevation 760)
CTB32
11-(74)
D14SE7
WS-IV;CA
CATAWBA RIVER
(Lake
Norman below elevation 760)
CTB32
11-(75)
E14NE2
WS-IV,B;CA
CATAWBA RIVER
(Lake
Wylie below elevation 570)
CTB33
11-(117)
F15SW1
WS-IV;CA
CATAWBA RIVER
(Lake
Wylie below elevation 570)
CTB34
11-(117)
F15SW1
WS-IV;CA
CATAWBA RIVER
(Lake
Wylie below elevation 570)
CTB34
11-(122)
F14SE9
WS-IV,B;CA
:CATAWBA RIVER
(Lake
Wylie below elevation
CTB34
ll-(123.5)
G14NE3
WS-V,B
570) North Carolina
portion
CATAWBA RIVER
(Lake
Wylie below elevation
CTB36
11-(123.5)
G14NE3
WS-V,B
570) North Carolina
portion
CATAWBA RIVER
(Lake
Wylie below elevation
CTB37
11-(123.5)
G14NE3
WS-V,B
570) North Carolina
portion
CATAWBA RIVER
(Lookout Shoals Lake below
CTB32
11-(67)
D14SW5
WS-IV
elevation 845)
CATAWBA RIVER
(Lookout Shoals Lake below
CTB32
11-(68.5)
D14SW6
WS-IV;CA
elevation 845)
CATAWBA RIVER
(Lookout Shoals Lake below
CTB32
11-(72)
D14SE7
WS-IV,B;CA
elevation 845)
CATAWBA RIVER
(Mountain Island Lake below
CTB32
11-(112)
F15NW5
WS-IV;CA
elevation 648)
Page 3 of 19

OCT.24.2005 3= 17PM MARION CITY HALL-:.:Mv:.,... _..- N6:451,`
-CON'r-,"'DENTI[A-t
OCT 2 5 2005
WATER QUALITY SECTIQPJ
P.O.-DRA m70BASH--DR-l-E f I,-7Gl0f',!AL o rlcE
MAMON, NORM C,AROUNA 2S752
FAX (82S)652-1983 PHONE {829}652-3551
FROM S U;
NUMM OF PA98'(bie-overgfevt) -
MESSAGE.
f6 fl) ; 6
swilmown
T
cow --Iv xr-
CONmIIdi7ATmmffiV1iRFTRAImU.S oNisWmmSMMYFOR MU&MOFTHEADDMSF,ADi1?MAY CON=
Il�FORMATIONT EATLSCONFIDI�A1 D YEMPtFftOMDI;SCI,QMIRTMaMPI.ICmmIAW.IFMRBoMOFM
MAOIS NOTTaD=M REC (A TW P=NM.0=M FOP, DBIMYM nfflMZPi M, FOCI aEpUr
ON =C8MWMyDTSSSWN~'MX DISMMON OR COPYINGOFTMS COMMMCATIONIS 5'IPiiMypROI:M=. ]F
YOU RF.tMMTfffS COMM[1MCA 0NIN SRROI; PLEASBNQTII TJSBBMIATELYB'YMMHONRA D RR13I'[IRNTHE
bRIONLHOMETO US ATTMABOVEADD= VIATEU&POSTALSSRVKE
TE'ANNYOY7

4
NO.451 P.2
OCT.24.2005 3:17PM MARION CITY HALL
e
MY OF MAMMON
P d. Drawer 700
MaADD, North Cacoga 287S2
October 12, 2005
Mr. Van Boyd
P.O: Box 1122
Mahon, 'NC 28752
Dear Mr. Boyd:
On behalf of the City of Mmicn, I am writing to request permission to install several
signs un your property along the bank of Buck Creek near the CiVs water intake
advising people to keep -out ofthe protected watershed area and the omek itSff The
signs are being iusWled by the City on the order of the North Carolina. Department of
Envuoumeut and Natural Resources Public Water Supply Semon. The signs will be
Mstalied upstreasr, of the City's intake fmm the US 70 bridge to the intake itself and
immediately downstream of the iota .
Thank you for providing me with the verbat permissiou on fietober d to install these
signs. The City looks forward to Contimm'S to work with you to protect the &kking
water supply of the City ofMarion.
Please contact me at 652-3 551 if you have any ques4ons.
Thank you for your time and camidemt ion.
Sincerely, .
3
lo&yette�
citymamer
cc: Steve Miller, dater Plant Supmateudeat
QMCs oP irm

Boyd Property
Subject: Boyd Property
From: "Ronald Harmon" <[e-mail]>
Date: Thu, 15 Sep 2005 13:48:40 -0400
To: "Janet Cantwell' <[e-mail]>
CC: <[e-mail]>
Mrs. Cantwell:
To follow up on our phone conversation on September 13, I am asking what other issues are on the
Boyd property. McDowell County is aware of the buffer issue. We would like to have documentation
for our files of the other issues that are pending on this property.
Thanks,
Ronald Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752
P. [phone] Ext. 341
F. [phone]
rharmonC&-mcdowellgov.com
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1 of 1 9/16/2005 8:32 AM

AF i�' a
NORTH GwO4n4 DEw✓trr+ERr Or
E,11ROI.ENT — -TURIL RESOURCES
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
October 17, 2005.
Mr. Van Boyd
Riverside Mobile Home Park
P.O. Box 1122
Marion, North Carolina 28752
Mr. Tony Boyd
Creels Side Campground
1297 Hwy 70 West
Marion, North Carolina 28752
Re: Watershed Protection
Water Supply Intake -Buck Creels
City of Marion, 01-56-010, McDowell County
Dear Sirs:
William G. Ross Jr., Secretary
The purpose of this letter is in follow up of a meeting held on October 6, 2005 between representatives
of this department, the City of Marion, McDowell County and Mr. Van Boyd to discuss watershed
critical area protection for the City of Marion's Buck Creek Intake adjacent to the Creels Side
Campground (R.V. Park).
During the meeting several issues were discussed concerning the need to better protect this water
supply critical area and to properly maintain the 30-foot buffer zone along Buck Creels, as outline- in
the McDowell County Watershed Protection Ordinance. Also discussed was the concern about storage
of hazardous materials (fuel oil and other potential contaminants) and the need for improved security
measures to include no recreational activities within 50 yards of this intake.
Previous investigation by this department has revealed damage (by clearing and earth disturbance) of
the buffer zone and encroaclunent (by swinuning and wading) in and around the intake by persons
living and visiting the Creels Side Campground. There is also concern that the recreational vehicles
(travel trailers) may be located within the buffer zone area with a potential source of pollution from
some of the septic tank influent lines.
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.uslenr
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Page 2
Boyd- Watershed Protection
Due to these findings, this department is requesting that you take the following action to better protect
this critical area and buffer zone:
1. That notification be given to the residents and visitors of the Creek Side Campground that no
recreational activity is allowed within 50 yards of the Buck Creek water supply intake to include
swimming and wading or any other activity.that may be a potential of contamination to the supply.
No one should be on or around the intake screens or platforms of this intake at anytime. The City
of Marion and the McDowell county law enforcement departments will be doing regular patrolling
at the intake and have been instructed to cite any violators.
If it is determined by the McDowell County watershed enforcement representatives that any of the
mobile home units are positioned within the 30 foot buffer area, then as agreed by Mr. Van Boyd
during the meeting, that the units will be moved to provide adequate setback. Also, it is requested
that all septic influent lines from the units be placed outside the buffer zone area.
3. That any fuels or other potential hazardous materials be located or stored away from the intake and
out of the buffer zone.
4. That the area around the intake and in the buffer zone be maintained in a clean and orderly manner,
with no trash or other debris be allowed within the protected critical area or buffer zone.
Thank you Mr. Boyd for meeting with us to discuss these very important issues and occurrences at the
Marion -Buck Creels intake. We appreciate your willingness to improve the protection and conditions
in these matters. We would expect that any conditions currently existing or occurring in the future that
would place this intake at a risk, will be corrected immediately by you and all parties residing in or
visiting this site.
Should you have questions regarding these requests, please feel free to contact me at [phone].
Sin ely
LA_
Ray McCall
Water Treatment Plant Consultant
Cc: Bob Boyette, Manager, City of Marion
Ron Hannon, Watershed Administrator, McDowell County
Janet Cantwell, DENR, Water Quality Section
Jessica Miles, Chief, Public Water Supply Section
Jim Adams, Regional Engineer, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.uslenr
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

10/03,12005 09:49 8286520703 MCDOkEl I INSPECTIONS PAGE 01
McDowell County Planning Department
60 EAST COURT STREET
MARION, NC 28752
VOICE: 828/652-71211
FAX: [phone]
FAX TRANSMISSION COVER SHEET
DATE: October 3, 2095
TO: Janet Cantwell
FROM: Ronald Harmon
FAX #: [phone]
YOU SHOULD RECEIVE (2) PAGE(S) INCEUDTNQ 7-NIS COVER SHEET. IF YOU
DO NOT RECETVE ALL PAGES, PLEASE CALL 828/652-7121 EXT 341
Mrs_ Cantwell:
Mere is the document Mr_ Boyd submitted for his campground.
Please call if you need anything.
Thm-mks
Ronald Haamou
McDowell County Planning Administrator
829.652.7121 Ext. 341
[e-mail]
®C CC��C
OCT - 3 2005 DD
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE

_f
OW
10l03,12005. 09:49 8286520703 MCDOWELL INSPECTIONS PAGE 02
Buffer MUillt4t)Rnce pis,) for Creekside Cnmpground
In accordance to buffer rule in section 104, paragraph. A of McDowell County
watershed ordinance:
Creekside Campgrouand submits to Ronald Harmon; Watershed Administrator
a plan to improve buffer area behind Buck Creek and Creekside Campground -
Phase 1: Excavation and removal of a previous trash site behind old bridge
and to backfill with clean top soil. Remove damaged and diseased trees that
could create a hazard to the public, or create an erosion problem along the
creek bank.
Phase 2: To place rip -rap along intermittent stream on north side of property
to stop and possible future erosion. Also, to plant desirable trees and ground
cover to prevent any erasion problem in the future.

Rules for Watershed and Water Supply Intakes
Subject: Rules for Watershed and Water Supply Intakes
From: Ray McCall <[e-mail]> ��/T-
Date: Fri, 23 Sep 2005 14:24:21 -0400
To: [e-mail]
CC: Janet Cantwell <[e-mail]>, "Jim.Adams" <[e-mail]>
Mr. Harmon:
Thank you for meeting with us and helping to resolve the issues concerning the
travel trailer park at the Marion intake. It is important that we continue to work
towards some resolution of the encroachment onto the critical area by the owner of
the park and to do everything we can to protect Marion's water supply intake.
Attached are the rules we discussed for your use in corresponding to Mr.Boyd. Of
course our issues are as follows:
1. That no recreational activities occur within 50 yards of the intake structure.
Of course that includes swimming, bathing, etc. It is certainly encouraged by our
department for the water supplier to post informational signs to instruct persons
to stay away from the intake. Rule .12t01 cddresses the recreational activity.
2. We are concerned about fuel and oil products being stored near the intake and
the possibility of spills that may run off into the source water. Rule &l$214;-j,9peaks
of this concern and actions needed to prevent.
3. Our rules also adopt by reference all of the WS classification requirements that
Janet Cantwell has provided to you about set backs, buffer zone protection, etc..
We are very concerned about the removal of the natural buffer, the location of the
travel trailers being partially in the buffer zone and the density of dwellings
and activity right on top of the intake.
The City of Marion has posted the intake area as we instructed them to do so for
the protection of this intake and to provide information to persons entering this
critical protection area. They have also received cost estimates to extend their
fencing down to the waters edge in order to discourage persons from being upon or
around the intake structure. We have ask that they send Police patrols to the area
to help enforce those protection measures, which they are doing. They are also
planning to install surveilence equipment which is also required under the homeland
security act. All of these measures are necessary in order for this drinking water
supply intake to be properly protected.
Thank you and your department for your efforts to resolve these matters. Should
you have questions are need further assistance, please feel free to call us at
[phone].
Ray McCall
RayMcCall - Ray.M. --.._...._...._.........._..............................._...
North Carolina Dept. of Environment
Asheville Regional Office
Division of Environmental Health -
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
and Natural Resources
Public Water Supply
Ray McCall <Ray.McCall(&,,ncmail.net>
NC DENR - Asheville Regional Office
Division of Environmental Health - Public Water Supply
SECTION 1200.doc Content -Type: application/msword
Content -Encoding: base64
1 of 1 9/23/2005 2:30 PM

15�f 4r__0#C / FC,
SECTION .1200 - PROTECTION OF FILTERED WATER SUPPLIES
fp. ^RECREATIONAL ACTIVITIES
(a) No recreational activities shall be permitted on a class I or class II reservoir without a resolution by the
commission or without approval by the Department. The Department may approve recreational events on a class I
or class II reservoir which last one day or less upon a showing that the recreational event will not adversely affect
the quality of the water to the point of rendering it unsuitable as a source for a public water system. • All other
recreational activities on a class I or class II reservoir shall be permitted only upon a resolution by the commission
authorizing the activity.
(b) Upon request for such a resolution, the Division shall make or cause to be made a thorough investigation of the
quality of the water to determine the extent to which the proposed recreational activities would adversely affect the
quality of the water. If, after such investigation, the Commission for Health Services is of the opinion that the
proposed recreational activities will not adversely affect the quality of the water to the point of rendering it
unsuitable as a source of public water system, the Commission for Health Services may adopt a resolution
authorizing the proposed recreational activities.
actiuoesys lL e e hutted wthm SOs a d's ofanly ubl c watt—s stem inialueion-wil'l-be-allowed.—No -recreational
History Note: Authority G.S. 130A-315; 130A-320, P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff December 5, 1977;
Amended Eff. October 1, 1985; September 1, 1979;
Transferred and Recodifted from 10 NCAC 10D .1301 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1202 PROTECTION OF WATER QUALITY
The issuance of a resolution by the Commission for Health Services for recreational activities on public water
supply reservoirs shall be contingent upon the governing authority establishing provisions for adequate sanitation
facilities, supervision and police control to insure the protection of the water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodifted from 10 NCAC 10D .1311 Eff. April 4, 1990.
.1203 MAINTENANCE OF PARKS
Parks or other places of resort for the use and entertainment of the public which may be established and maintained
on a watershed shall be provided with sanitary facilities for the collection of garbage and disposal of sewage. Such
facilities must not cause deterioration of water quality. Persons in charge of such facilities must maintain these
facilities at all times in order to prevent the pollution of the public water system.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodifted from 10 NCAC 10D .1302 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1204 FISHING
(a) Fishing shall not be permitted on any Class I or Class II public water supply reservoir without a resolution
granting permission by the Commission for Health Services. In order to obtain permission, a written application
shall be submitted by the owner of the water supply to the Commission for Health Services. Permission shall not be
issued until an investigation has been made by an authorized representative of the Division of Environmental Health
and a determination made that fishing in the reservoir will not adversely affect the water quality.
(b) The application requesting permission to fish in any reservoir shall be accompanied by sufficient evidence (such
as ordinances adopted by the applicant) to insure that the following requirements will be enforced by the applicant:
(1) Fishing will be permitted only from boats owned or controlled by the applicant. Boats will at all
times be under the supervision and jurisdiction of a responsible representative of the applicant.

Bank fishing may be permitted in restricted supervised areas with proper sanitation facilities when
specifically approved by the Commission for Health Services.
(2) A sufficient number of wardens and watershed inspectors will be employed at all times to insure
that no acts of urination, defecation or other acts which would defile the water supply are
committed by any person while fishing in the public water supply reservoir.
(3) A fishing dock, or docks, will be provided or controlled by the applicant for the purpose of
docking fishing boats. No boat shall enter or leave the reservoir except from a ramp owned or
controlled by the applicant.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified f'om 10 NCAC 10D .1303 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1205 PERMISSION TO FISH
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified f tom 10 NCAC 10D .1501 Eff. April 4, 1990;
Repealed Eff.' September], 1990.
.1206 ENFORCEMENT OF FISHING REQUIREMENTS,
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1502 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1207 ANIMALS IN RESERVOIR
The watering, washing or wallowing of any horses, mules, cattle, or domestic animals shall not be permitted in any
class I or class II reservoir. The supplier of water may permit domestic animals within 50 feet of normal pool
elevation if the animal is under direct supervision by a person and the activity is regulated by the supplier of water to
ensure that water quality is not adversely affected.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1304 Eff. April 4, 1990;
Amended Eff July 1, 1994.
.1208 CONTROLLING THE DRAINAGE OF WASTES
Precautions shall be taken on the watershed of class I and class II reservoirs and water intakes located on
unimpounded streams to control the drainage of wastes from animal and poultry pens or lots, into such sources.
History Note: Authority G.S. 130.4-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1305 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1209 UNTREATED DOMESTIC SEWAGE OR INDUSTRIAL WASTES
No treated or untreated domestic sewage, treated or untreated industrial waste or by-products shall be stored on the
watershed of or discharged into any public water supply reservoir or stream tributary to that reservoir whose waters
are classified as WS-I. No untreated domestic sewage or industrial waste by-products shall be discharged into any
public water supply reservoir or stream classified as WS-II, WS-III, WS-IV, or WS-V. No hazardous waste,

industrial by-products, treated or untreated domestic sewage shall be stored in the watershed of a Class I or Class II
water supply reservoir. No hazardous waste or industrial by-products shall be stored in the watershed of a WS-II,
WS-III, WS-IV, or WS-V stream unless precautions are taken to prevent its being spilled into or otherwise entering
the raw water supply.
History Note: Authority G.S. 130A-315, 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. February 1, 1987;
Transferred and Recodified from 10 NCAC IOD .1306 Eff. April 4, 1990,
Amended Eff. July 1, 1994; September 1, 1990.
.1210 SEWAGE DISPOSAL
Any residence, place of business or public assembly, located on a watershed shall be provided with a sanitary means
of sewage disposal.
History Note: Authority G.S. 130A-315; 130A-320,
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1309 Eff. April 4, 1990.
.1211 GROUND ABSORPTION SEWAGE COLLECTION: TREATMENT/DISP SYSTEMS
(a) No facility, including but not limited to a residence, mobile home, mobile home park, multi -unit building or
dwelling, place of business or place of public assembly on a lot located on a watershed of a class I or class II
reservoir or on the watershed of the portion of a stream classified as WS-I, WS-II, WS-III, WS-IV, or WS-V
extending from a class I reservoir to a downstream intake of a water purification plant shall use a ground absorption
sewage disposal system unless all of the following criteria are met:
(1) The lot includes 40,000 square feet or more, except as provided in Subparagraphs (a)(2) and (a)(3)
of this Rule;
(2) The lot shall include enough total area to equal an average of 40,000 square feet per residential
dwelling unit for a multiple unit residential building or mobile home park;
(3) The lot shall include enough total area to equal an average of 40,000 square feet for each business
within a multiple unit place of business or place of public assembly;
(4) The lot for any business or place of public assembly for which the anticipated wastewater
generated exceeds 1250 gallons per day will require an additional 40,000 square feet of area per
each additional 1250 gallons per day or portion thereof. The anticipated wastewater generated
shall be determined in accordance with 15A NCAC 18A .1949;
(5) The lot size requirement shall be determined by excluding streets; and
(6) Compliance with all other applicable state and local rules and laws is achieved.
(b) The Director of the Division or his authorized representative, shall have authority, when special local factors
permit or require it in order to protect the public health adequately and to ensure proper health and sanitary
conditions, to increase the lot size requirements in particular cases upon a determination based on any of the
following factors:
(1) size of the reservoirs;
(2) quantities and characteristics of the wastes;
(3) type of business, use, or activity;
(4) coverage of lot area by structures, parking lots and other improvements; and
(5) type and location of the water supply.
(c) The requirements of this Rule do not apply to those portions of a water supply reservoir watershed which are
drained by waters classified other than for water supply use (WS-1, WS-II, WS-III, WS-IV, and WS-V). These
requirements become effective whenever funds have been appropriated either for purchase of land or for
construction of a class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. February 1, 1987;
Amended Eff. December 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1313 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
1212 BURIAL OF CARCASSES

The carcass of any dead animal found within the watershed shall be buried by the owner or person in charge of the
animal or the person owning or in charge of the land upon which the animal dies with a covering of at least three
feet of earth or the carcass shall be burned or removed from the watershed and buried as required by G.S. 106-463.
In no case shall dead animals be placed in the reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified 10 NCAC IOD .1307 Eff. April 4, 1990.
.1213 BURIAL GROUND
No burial ground shall be established on any watershed within 1,500 feet upstream from a public water supply
intake on an unimpounded stream or within 300 feet of any class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD .1308 Eff. April 4, 1990.
1�4'r DISPOSAL-OF-A1�Y S7;B�TA�TCE_'�
Any person who intends to dispose of or store any substance that may adversely affect the quality of the water, to the
point of rendering the water unsuitable as a source for a public water system, shall notify the Division prior to
disposal or storage. The notification shall be in writing and shall list any substances that will be disposed of or
stored. No substances shall be disposed of or stored without the Division's approval. The owner of the water supply
shall be responsible for maintaining surveillance of the reservoirs and watersheds to insure protection of the water
quality and shall notify the Department of any activities that may endanger water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD .1310 Eff. April 4, 1990;
Amended Eff. September 1, 1990.

------------=-------------------------------------------------------------------
MAP BLK cLQT-. (A C D I R S CF) UPDATE ABST (Y/N) NBH
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September 30, 2005
Van Boyd/ Creek side Campground
272 Stockton Road
Marion, NC 28762
Re: Watershed Violations
Mr. Boyd:
This letter is to serve as notification of violations on your property located in the
Watershed on Buck Creek. This letter is a result of a meeting held by the North Carolina
Department of Environment and Natural Resources, the City of Marion, and McDowell
County. Several issues were discussed to be in violation on the property. In this letter I
will state the issues that have arisen and reference the particular rule or regulation that
governs each violation.
The county citied you for a buffer violation on June 8, 2005. The specific violation and
remedies are as follows: "Your property located on Buck Creek is in the Watershed II
Critical Area which is classified as High Quality Waters (HWQ) and trout waters.
During the meeting we discussed remedies to rectify the problem areas that were in
violation on your property. We discussed reestablishment of vegetation along the creek
bank to replace what had been removed. You can seek the advice of a landscaper or
contact Dan Smith with the North Carolina Cooperative Extension Office; he would be a
valuable resource for you.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. After all work is complete I would like
to inspect the area and document the work you have done. We want to set up an
inspection and work schedule so that progress can be documented and questions can be
asked at that time. Also it is recommended that you utilize silt fencing and any other type
of erosion control devices you deem necessary to keep sediment and silt out of the water.
Since the receipt of the June 81h letter, you have submitted a letter and replanted some
vegetation in the area disturbed. It is the determination that although vegetation has been
planted it is not sufficient and more needs to be planted in order to. satisfy the violation.
The next violation to address is recreational activity in and around the water intake
structure. Ray McCall with NCDENR Division of Environmental Health- Public Water

January 20, 2006
Max Boyd
Chairman, McDowell County Planning Board
Watershed Board of Adjustments
60 East Court Streets,
Marion, North Carolina 28752
Subject: Marion Water Supply Intake
Buck Creek
McDowell County
Dear Mr. Boyd
On January 5, 2006, NC Division of Water Quality received your letter requesting
clarification and definitions with respect to vegetated riparian buffer requirements set
forth for in Title 15A NCAC 2B .0200. Specifically, your letter detailed concerns
regarding an area near the water intake along Buck Creek in McDowell County.
A Division of Water Quali y` file review identified the water supply critical area
for Buck Creek. This area inqudthe City of Marion water supply intake and continues
upstream. This stream segme� t s classified as a Water Supply II, Trout, High Quality
Waters, Critical Area.
Your letter requests that we provide you a "statewide definition of impounded and
non -impounded waters, and the definition of a weir". The definitions listed in Title 15A
NCAC 213 .0200 do not include the terms impounded, non -impounded, and weir.
However, the term Critical Area is defined. For reservoirs, the critical area is defined as
0.5 miles around the normal pool elevation of the reservoir. Conversely, for water supply
intakes located directly in the stream (run -of -the -river), the critical area is defined as 0.5
miles upstream from and draining to the intake located in the river.
According to DWQ's stri
Marion's water supply intake) is
reservoir in the classification scf
and 15A NCAC 02B .0214 ripa
perennial streams, riparian areas
of -bank" is the geomorp�albgic,
of -bank determinations ;in the fic
Office at [phone]f j
4
n classification schedule, Buck Creek (including
,tea as a "creek". The stream feature is not listed as a
ulle 4gjher,pursuant
to 15A NCAC 02B .0202 (20)
i are rewired adjacent to perennial waters. For
measured_ landw� from the top of the bank. "Top-
,dgetfiie of stream'. If you need assistance with top -
please do not hesit to to contact the Ashville Regional
1
Water Supply rules aside, DWQ wants to take this opportunity to inform you that
the file review indicates that the stream is classified as a trout stream. As such, the
subject stream segment also has a 25-foot trout buffer requirement as implemented by the
Division of Land Resources (DLR).' Additionally, if land disturbance exceeds 1 acre, a
0-
Y_

January 20, 2006
Max Boyd
Chairman, McDowell County Planning Board
Watershed Board of Adjustments
60 East Court Streets,
Marion, North Carolina 28752
Subject: Marion Water Supply Intake
Buck Creek
McDowell County
Dear Mr. Boyd
On January 5, 2006, NC Division of Water Quality received your letter requesting
clarification and definitions with respect to vegetated riparian buffer requirements set
forth for in Title 15A NCAC 2B .0200. Specifically, your letter detailed concerns
regarding an area near the water intake along Buck Creek in McDowell County.
A Division of Water Quality file review identified the water supply critical area
for Buck Creek. This area includs the City of Marion water supply intake and continues
upstream. This stream segment is classified as a Water Supply II, Trout, High Quality
Waters, Critical Area.
Your letter requests that we provide you a "statewide definition of impounded and
non -impounded waters, and the definition of a weir". The definitions listed in Title 15A
NCAC 2B .0200 do not include the terms impounded, non -impounded, and weir.
However, the term Critical Area is defined. For reservoirs, the critical area is defined as
0.5 miles around the normal pool elevation of the reservoir. Conversely, for water supply
intakes located directly in the stream (run -of -the -river), the critical area is defined as 0.5
miles upstream from and draining to the intake located in the river.
According to DWQ's stream classification schedule, Buck Creek (including
Marion's water supply intake) is listed as a "creek". The stream feature is not listed as a
reservoir in the classification schedule. Further, pursuant to 15A NCAC 02B .0202 (20)
and 15A NCAC 02B .0214 riparian buffer are required adjacent to perennial waters. For
perennial streams, riparian areas are measured landward from the top of the bank. "Top -
of -bank" is the geomorphological edge of the stream. [If you need assistance with top -
of -bank determinations in the field please do not hesitate to contact the Ashville Regional
Office at [phone].]
Water Supply rules aside, DWQ wants to take this opportunity to inform you that
the file review indicates that the stream is classified as a trout stream. As such, the
subject stream segment also has a 25-foot trout buffer requirement as implemented by the
Division of Land Resources (DLR). Additionally, if land disturbance exceeds 1 acre, a

DLR erosion and sedimentation control plan is required, and full compliance with the
Construction Stormwater Permit (NCGO10000) is also required.
Thank you for your attention to this matter. If you wish to further discuss your
concerns please do not hesitate to contact Danny Smith at [phone] ext. 353 or
Janet Cantwell at [phone].
Sincerely,
Dapany. Smith
NPS As�tance' d7C*j9 pllaetZ 6iversigkitt�
cc: Roger Edwards- ARO
Danny Smith — NPS Assistance and Compliance Oversight
City of Marion
Division of Land Resources- ARO

, 'r
NCDENR
N— CIROLINA DEPdATMENT DF
ENVIRONMEN — NR{ — RLS—ES
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
October 17, 2005
Mr. Van Boyd
Riverside Mobile Home Park
P.O. Box 1122
Marion, North Carolina 28752
Mr. Tony Boyd
Creel: Side Campground
1297 Hwy 70 West
Nlarion, North Carolina 28752
Re: Watershed Protection
Water Supply Intake -Buck Creels
City of Marion, 01-56-010, McDowell County
Dear Sirs:
William G. Ross Jr., Secretary
The purpose of this letter is in follow up of a meeting held on October 6, 2005 between representatives
of this department, the City of Marion, McDowell County and Mr. Van Boyd to discuss watershed
critical area protection for the City of Marion's Buck Creels Intake adjacent to the Creek Side
Campground (R.V. Park).
During the meeting several issues were discussed concerning the need to better protect this water
supply critical area and to properly maintain the 30-foot buffer zone along Buck Creels, as outlined in
the McDowell County Watershed Protection Ordinance. Also discussed was the concern about storage
of hazardous materials (fuel oil and other potential contaminants) and the need for improved security
measures to include no recreational activities within 50 yards of this intake.
Previous investigation by this department has revealed damage (by clearing and earth disturbance) of
the buffer zone and encroachment (by swimming and wading) in and around the intake by persons
living and visiting the Creels Side Campground. There is also concern that the recreational vehicles
(travel trailers) may be located within the buffer zone area with a potential source of pollution from
some of the septic tank influent lines.
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc,uslenr
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a
Page 2
Boyd- Watershed Protection
Due to these findings, this department is requesting that you take the following action to better protect
this critical area and buffer zofie:
1. That notification be given to the residents and visitors of the Creels Side Campground that no
recreational activity is allowed within 50 yards of the Buck Creels water supply intake to include
swiiruning and wading or any other activity that may be a potential of contamination to the supply.
No one should be on or around the intake screens or platforms of this intake at anytime. The City
of Marion and the McDowell county law enforcement departments will be doing regular patrolling
at the intake and have been instructed to cite any violators.
2. If it is determined by the McDowell County watershed enforcement representatives that any of the
mobile home units are positioned within the 30 foot buffer area, then as agreed by Mr. Van Boyd
during the meeting, that the units will be moved to provide adequate setback. Also, it is requested
that all septic influent lines from the units be placed outside the buffer zone area.
3. That any Riels or other potential hazardous materials be located or stored away from the intake and
out of the buffer zone.
4. That the area around the intake and in the buffer zone be maintained in a clean and orderly manner,
with no trash or other debris be allowed within the protected critical area or buffer zone.
Thank you Mr. Boyd for meeting with us to discuss these very important issues and occurrences at the
Marion -Buck Creek intake. We appreciate your willingness to improve the protection and conditions
in these matters. We would expect that any conditions currently existing or occurring in the future that
would place this intake at a risk, will be corrected immediately by you and all parties residing in or
visiting this site.
Should you have questions regarding these requests, please feel free to contact me at [phone].
;S;ins rely
Ray McCall
Water Treatment Plant Consultant
Cc: Bob Boyette, Manager, City of Marion
Ron Harmon, Watershed Administrator, McDowell County
Jazrearl�tarell, +=�111R, Water • ualty Secnt� o
Jessica Miles, Chief, Public Water Supply Section
Jim Adams, Regional Engineer, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/enr
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 5, 2005
Ronald Harmon
Planning Administrator
McDowell County Planning
60 East Court Street
Marion NC 28752
Re: Watershed Violations at Marion Water Intake on Buck Creek, Critical Area
Ron:
Ray McCall, with NC DENR Public Water Supply, and I have made a list of the violations at
the Boyd site on Buck Creek in the Critical Area of the Marion Water Supply Intake. Please
be advised that compliance with any other pertinent Federal, State, and Local laws, rules,
and regulations may be required.
Rules under the Division of Environmental Health -Public Water Supply.
15A NCAC 18C .1201(c) This addresses the 50 yard protection area from any point around
the water intake for recreational activities..
"........ No recreational activities shall be permitted within 50 yards of any public water
system intake. "
15A NCAC 18C .1209 "No hazardous waste or industrial by-products shall be stored in
the watershed..... unless precautions are taken to prevent it being spilled."
15A NCAC 18C .1214 This addresses the fuel and oil products which are being stored
near the intake.
"........No substances shall be disposed of or stored without the Division's approval......"
Division of Environmental Health, Public Water Supply rules also adopt by reference the
Watershed/Water Quality standards and requirements addressed in 15A NCAC 2B .0100,
.0200, and .0300.
Rules under the Division of Water Quality- Surface Water Protection:
Covered under 15A NCAC 213.0100, .0200, and .0300, G.S. 143-214.5, and specifically:
15A NCAC 213.02111 Fresh Surface Water Quality Standards for Class C Waters: Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also
apply to Class WS-II waters.
15A NCAC 26 .0214 Fresh Surface Water Quality Standards for Class WS-II Waters:
specifically,
15A NCAC 2B .0214 (3) (b) (I) addresses the "low density and high density options" and
15A NCAC 2B .0214 (3) (b) (i) (G) addresses the "minimum 30 foot or 100 foot vegetative
buffer" required in the watershed.
One NCarolina
Naturally
forth Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone]
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Page 2
September 25, 2013
Ron Harmon, Watershed Administrator
Watershed Violations on Buck Creek, Critical Area
15A NCAC 2B.0104 (b) states: All local governments that have land use authority within
designated water supply watersheds shall adopt and enforce ordinances that at a minimum
meet the requirements of G.S. 143-214.5 and this Subchapter." Following are regulations
under the McDowell County Watershed Ordinance which are pertinent to the site.
Regulations under the McDowell County Watershed Ordinance:
Article 300, Section 302. (B): WS-II Watershed Areas (Buck Creek) — Critical Area
jWS-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 (691o)
built -upon area......"
Article 300, Section 304. (A) Buffer Areas Required.
A minimum thirty (30) foot vegetative buffer for development activities is required along all
perennial waters......."
We will discuss how these rules pertain to this site and address concerns and questions in
the meeting on Thursday, October 6, 2005 at the site on Buck Creek, or if it rains, at the
Courthouse/Administration building.
Sincerely,
Janet Cantwell
Cc:
Ray McCall, NC DENR, Division of Environmental Health- Public Water Supply
Laurie Moorhead, NC DENR, Division of Water Quality -Surface Water Protection
Chuck Abernathy, County Manager, McDowell County
Bob Boyette, City Manager, City of Marion
Fred Matthews, McDowell County Health Department
Jason Lewis, McDowell County Health Department

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Supply stated that, "no recreational activity is to occur within 50 yards of the intake
structure. This includes swimming, bathing, or anything that can impact the quality of
water in the area. Mr. McCall also stated that his department had encouraged the water
supplier (City of Marion) to post informational signs to instruct persons to stay away
from the intake. Rule .1201, c addresses recreational activity."
Another issue Mr. McCall addressed was possible fuel and oil products being stored near
the intake and the possibility of spills that may cause run off into the source waters. Rule
.1214 speaks of this concern and the precautions to take in order to avoid problems.
Mr. McCall stated that his department had instructed the City of Marion to post the
property in and around the area for protection of the intake and for information for
persons entering the critical protection area. Mr. McCall stated that the Cit of Marion had
also received cost estimates to extend their fencing down to the waters edge in order to
discourage persons from being upon or around the intake structure.
Other issues that need addressing on the property are as follows: Article 300, Section
304 A. a minimum 30 foot vegetative buffer for development activities is required along
perennial waters. Buck Creek is non -impounded waters; therefore the buffer
measurement is from the top of the creek bank 30 feet back.
Another issue of concern deals with Article 300, Section 302. (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.
If your property lies within the critical area of the watershed, you will have to meet the
6% density requirement in your campground. If you are found to be in the critical area all
campers that would be in excess of your 6% would have to be moved outside the critical
area.
Also be advised that you will be under authority of Article 100, Section 105 Criminal
Penalties, and Article 100, Section 106 (B). It is the intent of this letter and subsequent
meetings to rectify the problem without having to enforce legal action.

Watershed Protection
Subject: Watershed Protection
From: Janet Cantwell <[e-mail].t>
Date: Wed; 28 Sep 2005 17:52:19 -0400
To: Ron Harmon <[e-mail]>
CC: Ray McCall <[e-mail]>, "Jim.Adams" <[e-mail]>, Chuck
Abernathy <[e-mail]>
Ron ---I'm glad we all had the opportunity to meet last week to discuss McDowell's Watershed
Ordinance and the State Code for Surface Water/Water Quality/Watershed standards. I appreciate the
hard work you have done to initiate resolution of this situation.
As you and I discussed, Mr. Boyd is in violation of the McDowell County Watershed Ordinance
because he cut and removed the vegetative buffer along Buck Creek in the Critical Area above the
Marion Water Supply Intake, specifically:
ARTICLE 300, Section 304. (A) Buffer_Areas Required.
" A minimum thirty (30) foot vegetative buffer for development activities 'is required along all .
perennialwaters " ......................
He may also be in violation of the McDowell County Watershed Ordinance Low Density
requirement in the Critical Area, specifically:
ARTICLE 300, Section 302. (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..........."
Included in your correspondence to Mr. Boyd would be reference to penalties and authority given in
the McDowell County Watershed Ordinance:
ARTICLE 100, 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.
ARTICLE 100, Section 106 (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.
Here is the address for the State Watershed regulations under: 15A NCAC 2B .0100 & .0200:
1 of 2 9/28/2005 5:54 PM

Watershed Protection
http://h2o.enr.state.nc.us/admin/rules/ (click on DWQ's Red Book Rules)
Thanks again for your hard work on these issues ---I look forward to working with you ---Janet
Janet Cantwell - Janet.Cantwell@nc:mai. -
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 DIVISION OF WATER QUALITY:
http: //h2.c. erir_ . state. nc. us/
Link to the NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES:
littp://www.erir.state.nc.us/
Janet Cantwell <Janet.Cantwell(a�ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality -Surface Water Protection
2 of 2 9/28/2005 5:54 PM

Watershed Protection
Subject: Watershed Protection
From: Janet Cantwell <[e-mail]>
Date: Wed, 28 Sep 2005 17:52:19 -0400
To: Ron Harmon <[e-mail]>
CC: Ray McCall <[e-mail]>, "Jim.Adams" <[e-mail]>, Chuck
Abernathy <[e-mail]>
Ron ---I'm glad we all had the opportunity to meet last week to discuss McDowell's Watershed
Ordinance and the State Code for Surface Water/Water Quality/Watershed standards. I appreciate the
hard work you have done to initiate resolution of this situation.
As you and I discussed, Mr. Boyd is in violation of the McDowell County Watershed Ordinance
because he cut and removed the vegetative buffer along Buck Creek in the Critical Area above the
Marion Water Supply Intake, specifically:
ARTICLE 300, Section 304. (A) Buffer Areas Required.
" A minimum thirty (30) foot vegetative buffer for development activities is required along all
perennial waters "
He may also be in violation of the McDowell County Watershed Ordinance Low Density
requirement in the Critical Area, specifically:
ARTICLE 300, Section 302. (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 two acres. All other
residential and non-residential development shall be allowed at a maximum six percent (6%)
built -upon area..........."
Included in your correspondence to Mr. Boyd would be reference to penalties and authority given in
the McDowell County Watershed Ordinance:
ARTICLE 100, 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.
ARTICLE 100, Section 106 (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.
Here is the address for the. State Watershed regulations under: 15A NCAC 2B .0100 & .0200:
1 of 2 10/4/2005 11:16 AM

Watershed Protection
http://h2o.enr.state.ne.us/admin/rules/ (click on DWQ's Red Book Rules)
Thanks again for your hard work on these issues ---I look forward to working with you ---Janet
Janet Cantwell - Janei-.Cantwell@ncmail_.net
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 DIVISION OF WATER QUALITY:
http://h2o.enr.state.nc.us/
Link to the NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES:
http://wvaw.enr.state.nc.us/
Janet Cantwell <Janet.Cantwell(a,ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality -Surface Water Protection
2 of 2 10/4/2005 11:16 AM

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 5, 2005
Ronald Harmon
Planning Administrator
McDowell County Planning
60 East Court Street
Marion NC 28752
Re: Watershed Violations at Marion Water Intake on Buck Creek, Critical Area
Ron:
Ray McCall, with NC DENR Public Water Supply, and I have made a list of the violations at
the Boyd site on Buck Creek in the Critical Area of the Marion Water Supply Intake. Please
be advised that compliance with any other pertinent Federal, State, and Local laws, rules,
and regulations may be required.
Rules under the Division of Environmental Health -Public Water Supply,
15A NCAC 18C .1201(c) This addresses the 50 yard protection area from any point around
the water intake for recreational activities.
.......... No recreational activities shall be permitted within 50 yards of any public water,
system intake."
15A NCAC 18C .1209 "No hazardous waste or industrial by-products shall be stored in
the watershed..... unless precautions are taken to prevent it being spilled.
15A NCAC 18C .1214 This addresses the fuel and oil products which are being stored
near the intake.
"........No substances shall be disposed of or stored without the Division's approval........
Division of Environmental Health, Public Water Supply rules also adopt by. reference the
Watershed/Water Quality standards and requirements addressed in 15A NCAC 2B .0100,
.0200, and .0300.
Rules under the Division of Water Quality- Surface Water Protection:
Covered under 15A NCAC 2B .0100, .0200, and .0300, G.S. 143-214.5, and specifically:
15A NCAC 213.0211 Fresh Surface Water Quality Standards for Class C Waters: Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also
apply to Class WS-II waters.
15A NCAC 26 .0214 Fresh Surface Water Quality Standards for Class WS-II Waters:
specifically,
15A NCAC 2B .0214 (3) (b) (I) addresses the "low density and high density options" and
15A NCAC 2B .0214 (3) (b) (i) (G) addresses the "minimum 30 foot or 100 foot vegetative
buffer" required in the watershed.,
NorthCarolina
)Vatura!!y
,rth ( arolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
Ar Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

)age 2"
October 5, 2005
Ron Harmon, Watershed Administrator
Watershed Violations on Buck Creek, Critical Area
15A NCAC 2B.0104 (b) states: "All local governments that have land use authority within
designated water supply watersheds shall adopt and enforce ordinances that at a minimum
meet the requirements of G.S. 143-214.5 and this Subchapter." Following are regulations
under the McDowell County Watershed Ordinance which are pertinent to the site.
Regulations under the McDowell County Watershed Ordinance:
Article 300, Section 302. (B): WS-II Watershed Areas (Buck Creek) — Critical Area
JWS-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 (691o)
built -upon area......"
Article 300, Section 304. (A) Buffer Areas Required.
"A minimum thirty (30) foot vegetative buffer for development activities is required along all
perennial waters....... "
We will discuss how these rules pertain to this site and address concerns and questions in
the meeting on Thursday, October 6, 2005 at the site on Buck Creek, or if it rains, at the
Courthouse/Administration building.
Sincerely,
Janet Cantwell
Cc:
Ray McCall, NC DENR, Division of Environmental Health- Public Water Supply
Laurie Moorhead, NC DENR, Division of Water Quality -Surface Water Protection
Chuck Abernathy, County Manager, McDowell County
Bob Boyette, City Manager, City of Marion
Fred Matthews, McDowell County Health Department
Jason Lewis, McDowell County Health Department

Cantwell, Janet
From: Janet Cantwell <[e-mail]>
Sent: Wednesday, September 28, 2005 5:52 PM
To: Ron Harmon
Cc: Ray McCall; Jim.Adams; Chuck Abernathy
Subject: Watershed Protection
Attachments: Janet.Cantwell.vcf
Ron ---I'm glad we all had the opportunity to meet last week to discuss McDowell's Watershed Ordinance and
the State Code for Surface Water/Water Quality/Watershed standards. I appreciate the hard work you have
done to initiate resolution of this situation.
As you and I discussed, Mr. Boyd is in violation of the McDowell County Watershed Ordinance because he
cut and removed the vegetative buffer along Buck Creek in the Critical Area above the Marion Water Supply
Intake, specifically:
ARTICLE 300, Section 304. (A) Buffer Areas Required.
" A minimum thirty (30) foot vegetative buffer for development activities is required along all perennial
waters...................... ►►
He may also be in violation of the McDowell County Watershed .Ordinance Low Density requirement in the
Critical Area, specifically:
ARTICLE 300, Section 302. (B) WS- II Watershed Areas (Buck Creek) - Critical Area (WS-II-CA).
it 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 .............
Included in your correspondence to Mr. Boyd would be reference to penalties and authority given in the
McDowell County Watershed Ordinance:
ARTICLE 100, 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.
ARTICLE 100, Section 106 (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.
Here is the address for the State Watershed regulations under: 15A NCAC 2B .0100 & .0200:
httn://h2o.enr.state.nc.us/admin/rules/ (click on DWQ's Red Book Rules)

Thanks again for your hard work on these issues ---I look forward to working with you ---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 DIVISION OF WATER QUALITY:
http://h2o.enr.state.nc.us/
Link to the NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES:
http://www.enr.state.nc.us/
2

Cantwell, Janet
From: Ray McCall <[e-mail]>
Sent: Friday, September 23, 2005 2:24 PM
To: rharmon
Cc: Janet Cantwell; Jim.Adams
Subject: Rules for Watershed and Water Supply Intakes
Attachments: SECTION_1200.doc; Ray.McCall.vcf
Mr. Harmon:
Thank you for meeting with us and helping to resolve the issues concerning the travel trailer park at the Marion
intake. It is important that we continue to work towards some resolution of the encroachment onto the critical area by
the owner of the park and to do everything we can to protect Marion's water supply intake.
Attached are the rules we discussed for your use in corresponding to Mr.Boyd. Of course our issues are as follows:
1. That no recreational activities occur within 50 yards of the intake structure. Of course that includes swimming,
bathing, etc. It is certainly encouraged by our department for the water supplier to post informational signs to instruct
persons to stay away from the intake.
Rule .1201,c addresses the recreational activity.
2. We are concerned about fuel and oil products being stored near the intake and the possibility of spills that may run
off into the source water. Rule .1214 speaks of this concern and actions needed to prevent.
3. Our rules also adopt by reference all of the WS classification requirements that Janet Cantwell has provided to you
about set backs, buffer zone protection, etc.. We are very concerned about the removal of the natural buffer, the
location of the travel trailers being partially in the buffer zone and the density of dwellings and activity right on top of
the intake.
The City of Marion has posted the intake area as we instructed them to do so for the protection of this intake and to
provide information to persons entering this critical protection area. They have also received cost estimates to extend
their fencing down to the waters edge in order to discourage persons from being upon or around the intake structure.
We have ask that they send Police patrols to the area to help enforce those protection measures, which they are doing.
They are also planning to install surveilence equipment which is also required under the homeland security act. All of
these measures are necessary in order for this drinking water supply intake to be properly protected.
Thank you and your department for your efforts to resolve these matters. Should you have questions are need further
assistance, please feel free to call us at [phone].
Ray McCall
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]

Rules fc; . Watershed and Water Supply Intakes
Subject: Rules for Watershed and Water Supply Intakes
From: Ray McCall <[e-mail]>
Date: Fri, 23 Sep 2005 14:24:21 -0400
To: [e-mail]
CC: Janet Cantwell <[e-mail]>, "Jim.Adams" <[e-mail]>
Mr. Harmon:
Thank you for meeting with us and helping to resolve the issues concerning the
travel trailer park at the Marion intake. It is important that we continue to work
towards some resolution of the encroachment onto the critical area by the owner of
the park and to do everything we can to protect Marion's water supply intake.
Attached are the rules we discussed for your use in corresponding to Mr.Boyd. Of
course our issues are as follows:
1. That no recreational activities occur within 50 yards of the intake structure.
Of course that includes swimming, bathing, etc. It is certainly encouraged by our
department for the water supplier to post informational signs to instruct persons
to stay away from the intake. Rule .1201,c addresses the recreational activity.
2. We are concerned about fuel and oil products being stored near the intake and
the possibility of spills that may run off into the source water. Rule .1214 speaks
of this concern and actions needed to prevent.
3. Our rules also adopt by reference all of the WS classification requirements that
Janet Cantwell has provided to you about set backs, buffer zone protection, etc..
We are very concerned about the removal of the natural buffer, the location of the
travel trailers being partially in the buffer zone and the density of dwellings
and activity right on top of the intake.
The City of Marion has posted the intake area as we instructed them to do so for
the protection of this intake and to provide information to persons entering this
critical protection area. They have also received cost estimates to extend their
fencing down to the waters edge in order to discourage persons from being upon or
around the intake structure. We have ask that they send Police patrols to the area
to help enforce those protection measures, which they are doing. They are also
planning to install surveilence equipment which is also required under the homeland
security act. All of these measures are necessary in order for this drinking water
supply intake to be properly protected.
Thank you and your department for your efforts to resolve these matters. Should
you have questions are need further assistance, please feel free to call us at
[phone].
Ray McCall
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 <Ray.McCall(a,ncmail.net>
NC DENR - Asheville Regional Office
Division of Environmental Health - Public Water Supply
SECTION 1200.doc Content -Type: application/msword
Content -Encoding: base64
1 of 1 9/28/2005 1:53 PM

Cantwell, Janet
Frorn: i ' I�naCclI�aQ. <[e-mail]>
Sent: Thursday, �epteilrbe:r A5, 2=,0:05 1:49 PM
To: Janet Cantwell", ;
Cc: <cabernathy@mcdowdilgov:com>
Subject: Boyd Property
Mrs. Cantwell:
To follow up on our phone conversation on September 13, I am asking what other issues are on the Boyd
property. McDowell County is aware of the buffer issue. We would like to have documentation ' or our fryles of
the other issues that are pending on this property.
Thanks,
Ronald Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752
P. [phone] Ext. 341'
F. [phone]
rharmon(a mcdowellgov.com

SECTION .1200 - PROTECTION OF FILTERED WATER SUPPLIES
.1201 RECREATIONAL ACTIVITIES
(a) No recreational activities shall be permitted on a class I or class II reservoir without a resolution by the
commission or without approval by the Department. The Department may approve recreational events on a class I
or class II reservoir which last one day or less upon a showing that the recreational event will not adversely affect
the quality of the water to the point of rendering it unsuitable as a source for a public water system. All other
recreational activities on a class I or class 11 reservoir shall be permitted only upon a resolution by the commission
authorizing the activity.
(b) Upon request for such a resolution, the Division shall make or cause to be made a thorough investigation of the
quality of the water to determine the extent to which the proposed recreational activities would adversely affect the
quality of the water. If, after such investigation, the Commission for Health Services is of the opinion that the
proposed recreational activities will not adversely affect the quality of the water to the point of rendering it
unsuitable as a source of public water system, the Commission for Health Services may adopt a resolution
authorizing the proposed recreational activities.
(c) Only those recreational activities specifically authorized in the resolution will be allowed. No recreational
activities shall be permitted within 50 yards of any public water system intake.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1985; September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1301 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1202 PROTECTION OF WATER QUALITY
The issuance of a resolution by the Commission for Health Services for recreational activities on public water
supply reservoirs shall be contingent upon the governing authority establishing provisions for adequate sanitation
facilities, supervision and police control to insure the protection of the water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1311 Eff. April 4, 1990.
.1203 MAINTENANCE OF PARKS
Parks or other places of resort for the use and entertainment of the public which may be established and maintained
on a watershed shall be provided with sanitary facilities for the collection of garbage and disposal of sewage. Such
facilities must not cause deterioration of water quality. Persons in charge of such facilities must maintain these
facilities at all times in order to prevent the pollution of the public water system.
History Note: Authority GS 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1302 Eff. April 4, 1990;
Amended Eff. July], 1994; September], 1990.
.1204 FISHING
(a) Fishing shall not be permitted on any Class I or Class II public water supply reservoir without a resolution
granting permission by the Commission for Health Services. In order to obtain permission, a written application
shall be submitted by the owner of the water supply to the Commission for Health Services. Permission shall not be
issued until an investigation has been made by an authorized representative of the Division of Environmental Health
and a determination made that fishing in the reservoir will not adversely affect the water quality.
(b) The application requesting permission to fish in any reservoir shall be accompanied by sufficient evidence (such
as ordinances adopted by the applicant) to insure that the following requirements will be enforced by the applicant:
(1) Fishing will be permitted only from boats owned or controlled by the applicant. Boats will at all
times be under the supervision and jurisdiction of a responsible representative of the applicant.

Bank fishing may be permitted in restricted supervised areas with proper sanitation facilities when
specifically approved by the Commission for Health Services.
(2) A sufficient number of wardens and watershed inspectors will be employed at all times to insure
that no acts of urination, defecation or other acts which would defile the water supply are
committed by any person while fishing in the public water supply reservoir.
(3) A fishing dock, or docks, will be provided or controlled by the applicant for the purpose of
docking fishing boats. No boat shall enter or leave the reservoir except from a ramp owned or
controlled by the applicant.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1303 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1205 PERMISSION TO FISH
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1501 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1206 ENFORCEMENT OF FISHING REQUIREMENTS
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1502 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1207 ANIMALS IN RESERVOIR
The watering, washing or wallowing of any horses, mules, cattle, or domestic animals shall not be permitted in any
class I or class II reservoir. The supplier of water may permit domestic animals within 50 feet of normal pool
elevation if the animal is under direct supervision by a person and the activity is regulated by the supplier of water to
ensure that water quality is not adversely affected.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1304 Eff. April 4, 1990;
Amended Eff. July], 1994.
.1208 CONTROLLING THE DRAINAGE OF WASTES
Precautions shall be taken on the watershed of class I and class II reservoirs and water intakes located on
unimpounded streams to control the drainage of wastes from animal and poultry pens or lots, into such sources.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1305 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1209 UNTREATED DOMESTIC SEWAGE OR INDUSTRIAL WASTES
No treated or untreated domestic sewage, treated or untreated industrial waste or by-products shall be stored on the
watershed of or discharged into any public water supply reservoir or stream tributary to that reservoir whose waters
are classified as WS-I. No untreated domestic sewage or industrial waste by-products shall be discharged into any
public water supply reservoir or stream classified as WS-II, WS-III, WS-IV, or WS-V. No hazardous waste,

industrial by-products, treated or untreated domestic sewage shall be stored in the watershed of a Class I or Class II
water supply reservoir. No hazardous waste or industrial by-products shall be stored in the watershed of a WS-II,
WS-III, WS-IV, or WS-V stream unless precautions are taken to prevent its being spilled into or otherwise entering
the raw water supply.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977,-
Amended Eff. February], 1987;
Transferred and Recodifred from 10 NCAC 10D .1306 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September], 1990.
.1210 SEWAGE DISPOSAL
Any residence, place of business or public assembly, located on a watershed shall be provided with a sanitary means
of sewage disposal.
History Note: Authority G.S. 130A-315; 130A-320;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977,-
Transferred and Recodifred from 10 NCAC 10D .1309 Eff. April 4, 1990.
.1211 GROUND ABSORPTION SEWAGE COLLECTION: TREATMENT/DISP SYSTEMS
(a) No facility, including but not limited to a residence, mobile home, mobile home park, multi -unit building or
dwelling, place of business or place of public assembly on a lot located on a watershed of a class I or class II
reservoir or on the watershed of the portion of a stream classified as WS-I, WS-II, WS-III, WS-IV, or WS-V
extending from a class I reservoir to a downstream intake of a water purification plant shall use a ground absorption
sewage disposal system unless all of the following criteria are met:
(1) The lot includes 40,000 square feet or more, except as provided in Subparagraphs (a)(2) and (a)(3)
of this Rule;
(2) The lot shall include enough total area to equal an average of 40,000 square feet per residential
dwelling unit for a multiple unit residential building or mobile home park;
(3) The lot shall include enough total area to equal an average of 40,000 square feet for each business
within a multiple unit place of business or place of public assembly;
(4) The lot for any business or place of public assembly for which the anticipated wastewater
generated exceeds 1250 gallons per day will require an additional 40,000 square feet of area per
each additional 1250 gallons per day or portion thereof. The anticipated wastewater generated
shall be determined in accordance with 15A NCAC 18A .1949;
(5) The lot size requirement shall be determined by excluding streets; and
(6) Compliance with all other applicable state and local rules and laws is achieved.
(b) The Director of the Division or his authorized representative, shall have authority, when special local factors
permit or require it in order to protect the public health adequately and to ensure proper health and sanitary
conditions, to increase the lot size requirements in particular cases upon a determination based on any of the
following factors:
(1) size of the reservoirs;
(2) quantities and characteristics of the wastes;
(3) type of business, use, or activity;
(4) coverage of lot area by structures, parking lots and other improvements; and
(5) type and location of the water supply.
(c) The requirements of this Rule do not apply to those portions of a water supply reservoir watershed which are
drained by waters classified other than for water supply use (WS-I, WS-II, WS-III, WS-IV, and WS-V). These
requirements become effective whenever funds have been appropriated either for purchase of land or for
construction of a class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. February 1, 1987;
Amended Eff. December], 1988;
Transferred and Recodifred from 10 NCAC 10D .1313 Eff. April 4, 1990;
Amended Eff. July], 1994; September], 1990.
.1212 BURIAL OF CARCASSES

The carcass of any dead animal found within the watershed shall be buried by the owner or person in charge of the
animal or the person owning or in charge of the land upon which the animal dies with a covering of at least three
feet of earth or the carcass shall be burned or removed from the watershed and buried as required by G.S. 106-403.
In no case shall dead animals be placed in the reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified 10 NCAC 10D .1307 Eff. April 4, 1990.
.1213 BURIAL GROUND
No burial ground shall be established on any watershed within 1,500 feet upstream from a public water supply
intake on an unimpounded stream or within 300 feet of any class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recod f ed from 10 NCAC 10D .1308 Eff. April 4, 1990.
.1214 DISPOSAL OF ANY SUBSTANCE
Any person who intends to dispose of or store any substance that may adversely affect the quality of the water, to the
point of rendering the water unsuitable as a source for a public water system, shall notify the Division prior to
disposal or storage. The notification shall be in writing and shall list any substances that will be disposed of or
stored. No substances shall be disposed of or stored without the Division's approval. The owner of the water supply
shall be responsible for maintaining surveillance of the reservoirs and watersheds to insure protection of the water
quality and shall notify the Department of any activities that may endanger water quality.
History Note: Authority GS. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1310 Eff. April 4, 1990;
Amended Eff. September], 1990.

Cantwell, Janet
From: Ronald Harmon <[e-mail]>
Sent: Thursday, September 22, 2005 9:40 AM
To: Janet Cantwell
Subject: Boyd meeting and Letter
Mrs. Cantwell,
Mr. Boyd and I have set a date of Oct. 6th at 2pm on the property. I would like to get him the letter with all the laws and
charges by the middle of next week. If you can get me the information as soon as possible I will fashion a letter and get it
back out for review before I :give it to him.
Thanks, .. '..
Ronald Harmon
McDowell County Planning Administrator
60 East Court Street
Marion, NC 28752
P. [phone] Ext. 341
F. [phone]
rharmon(o)_mcdowellgov.com

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SECTION .1200 - PROTECTION OF FILTERED WATER SUPPLIES
.1201 RECREATIONAL ACTIVITIES
(a) No recreational activities shall be permitted on a class I or class II reservoir without a resolution by the
commission or without approval by the Department. The Department may approve recreational events on a class I
or class II reservoir which last one day or less upon a showing that the recreational event will not adversely affect
the quality of the water to the point of rendering it unsuitable as a source for a public water system. All other
recreational activities on a class I or class II reservoir shall be permitted only upon a resolution by the commission
authorizing the activity.
(b) Upon request for such a resolution, the Division shall make or cause to be made a thorough investigation of the
quality of the water to determine the extent to which the proposed recreational activities would adversely affect the
quality of the water. If, after such investigation, the Commission for Health Services is of the opinion that the
proposed recreational activities will not adversely affect the quality of the water to the point of rendering it
unsuitable as a source of public water system, the Commission for Health Services may adopt a resolution
authorizing the proposed recreational activities.
(c) Only those recreational activities specifically authorized in the resolution will be allowed. No recreational
activities shall be permitted within 50 yards of any public water system intake.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1985; September 1, 1979;
Transferred and Recodified from 10 NCAC IOD .1301 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1202 PROTECTION OF WATER QUALITY
The issuance of a resolution by the Commission for Health Services for recreational activities on public water
supply reservoirs shall be contingent upon the governing authority establishing provisions for adequate sanitation
facilities, supervision and police control to insure the protection of the water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1311 Eff. April 4, 1990.
.1203 MAINTENANCE OF PARKS
Parks or other places of resort for the use and entertainment of the public which may be established and maintained
on a watershed shall be provided with sanitary facilities for the collection of garbage and disposal of sewage. Such
facilities must not cause deterioration of water quality. Persons in charge of such facilities must maintain these
facilities at all times in order to prevent the pollution of the public water system.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC IOD .1302 Eff Apri14, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1204 FISHING
(a) Fishing shall not be permitted on any Class I or Class II public water supply reservoir without a resolution
granting permission by the Commission for Health Services. In order to obtain permission, a written application
shall be submitted by the owner of the water supply to the Commission for Health Services. Permission shall not be
issued until an investigation has been made by an authorized representative of the Division of Environmental Health
and a determination made that fishing in the reservoir will not adversely affect the water quality.
(b) The application requesting permission to fish in any reservoir shall be accompanied by sufficient evidence (such
as ordinances adopted by the applicant) to insure that the following requirements will be enforced by the applicant:
(1) Fishing will be permitted only from boats owned or controlled by the applicant. Boats will at all
times be under the supervision and jurisdiction of a responsible representative of the applicant.

Bank fishing may be permitted in restricted supervised areas with proper sanitation facilities when
specifically approved by the Commission for Health Services.
(2) A sufficient number of wardens and watershed inspectors will be employed at all times to insure
that no acts of urination, defecation or other acts which would defile the water supply are
committed by any person while fishing in the public water supply reservoir.
(3) A fishing dock, or docks, will be provided or controlled by the applicant for the purpose of
docking fishing boats. No boat shall enter or leave the reservoir except from a ramp owned or
controlled by the applicant.
History Note: Authority GS. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1303 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1205 PERMISSION TO FISH
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1501 Ef . April 4, 1990;
Repealed Eff. September 1, 1990.
.1206 ENFORCEMENT OF FISHING REQUIREMENTS
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD .1502 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1207 ANIMALS IN RESERVOIR
The watering, washing or wallowing of any horses, mules, cattle, or domestic animals shall not be permitted in any
class I or class II reservoir. The supplier of water may permit domestic animals within 50 feet of normal pool
elevation if the animal is under direct supervision by a person and the activity is regulated by the supplier of water to
ensure that water quality is not adversely affected.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD. 1304 Eff. April 4, 1990;
Amended Eff. July 1, 1994.
.1208 CONTROLLING THE DRAINAGE OF WASTES
Precautions shall be taken on the watershed of class I and class 11 reservoirs and water intakes located on
unimpounded streams to control the drainage of wastes from animal and poultry pens or lots, into such sources.
HistoiyNote: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD. 1305 Eff. April 4, 1990;
Amended Eff September 1, 1990.
.1209 UNTREATED DOMESTIC SEWAGE OR INDUSTRIAL WASTES
No treated or untreated domestic sewage, treated or untreated industrial waste or by-products shall be stored on the
watershed of or discharged into any public water supply reservoir or stream tributary to that reservoir whose waters
are classified as WS-1. No untreated domestic sewage or industrial waste by-products shall be discharged into any
public water supply reservoir or stream classified as WS-II, WS-III, WS-IV, or WS-V. No hazardous waste,

industrial by-products, treated or untreated domestic sewage shall be stored in the watershed of a Class I or Class II
water supply reservoir. No hazardous waste or industrial by-products shall be stored in the watershed of a WS-II,
WS-III, WS-IV, or WS-V stream unless precautions are taken to prevent its being spilled into or otherwise entering
the raw water supply.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977,
Amended Eff. February 1, 1987;
Transferred and Recodified from 10 NCAC IOD. 1306 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1210 SEWAGE DISPOSAL
Any residence, place of business or public assembly, located on a watershed shall be provided with a sanitary means
of sewage disposal.
History Note: Authority G.S. 130A-315; 130A-320;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC IOD .1309 Eff. April 4, 1990.
.1211 GROUND ABSORPTION SEWAGE COLLECTION: TREATMENT/DISP SYSTEMS
(a) No facility, including but not limited to a residence, mobile home, mobile home park, multi -unit building or
dwelling, place of business or place of public assembly on a lot located on a watershed of a class I or class II
reservoir or on the watershed of the portion of a stream classified as WS-I, WS-II, WS-III, WS-IV, or WS-V
extending from a class I reservoir to a downstream intake of a water purification plant shall use a ground absorption
sewage disposal system unless all of the following criteria are met:
(1) The lot includes 40,000 square feet or more, except as provided in Subparagraphs (a)(2) and (a)(3)
of this Rule;
(2) The lot shall include enough total area to equal an average of 40,000 square feet per residential
dwelling unit for a multiple unit residential building or mobile home park;
(3) The lot shall include enough total area to equal an average of 40,000 square feet for each business
within a multiple unit place of business or place of public assembly;
(4) The lot for any business or place of public assembly for which the anticipated wastewater
generated exceeds 1250 gallons per day will require an additional 40,000 square feet of area per
each additional 1250 gallons per day or portion thereof. The anticipated wastewater generated
shall be determined in accordance with 15A NCAC 18A .1949;
(5) The lot size requirement shall be determined by excluding streets; and
(6) Compliance with all other applicable state and local rules and laws is achieved.
(b) The Director of the Division or his authorized representative, shall have authority, when special local factors
permit or require it in order to protect the public health adequately and to ensure proper health and sanitary
conditions, to increase the lot size requirements in particular cases upon a determination based on any of the
following factors:
(1) size of the reservoirs;
(2) quantities and characteristics of the wastes;
(3) type of business, use, or activity;
(4) coverage of lot area by structures, parking lots and other improvements; and
(5) type and location of the water supply.
(c) The requirements of this Rule do not apply to those portions of a water supply reservoir watershed which are
drained by waters classified other than for water supply use (WS-I, WS-II, WS-III, WS-IV, and WS-V). These
requirements become effective whenever funds have been appropriated either for purchase of land or for
construction of a class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. February 1, 1987;
Amended Eff. December 1, 1988,
Transferred and Recodified from 10 NCAC IOD. 1313 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September], 1990.
1212 BURIAL OF CARCASSES

The carcass of any dead animal found within the watershed shall be buried by the owner or person in charge of the
animal or the person owning or in charge of the land upon which the animal dies with a covering of at least three
feet of earth or the carcass shall be burned or removed from the watershed and buried as required by G.S. 106-403.
In no case shall dead animals be placed in the reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified 10 NCAC 10D .1307 Eff. April 4, 1990.
.1213 BURIAL GROUND
No burial ground shall be established on any watershed within 1,500 feet upstream from a public water supply
intake on an unimpounded stream or within 300 feet of any class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1308 Eff. April 4, 1990.
.1214 DISPOSAL OF ANY SUBSTANCE
Any person who intends to dispose of or store any substance that may adversely affect the quality of the water, to the
point of rendering the water unsuitable as a source for a public water system, shall notify the Division prior to
disposal or storage. The notification shall be in writing and shall list any substances that will be disposed of or
stored. No substances shall be disposed of or stored without the Division's approval. The owner of the water supply
shall be responsible for maintaining surveillance of the reservoirs and watersheds to insure protection of the water
quality and shall notify the Department of any activities that may endanger water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1310 Eff. April 4, 1990;
Amended Eff. September 1, 1990.

06/13/2005 09:08 8286520703 14CDOWELL IFJSPECTI 4S PAGE 02
McDowell County
June 8, 2005
Tony Boyd/ Creek Slide Campground
1297 Hwy 70 West
Marion, NC 28752
60 East Court Street . Marion. North Carolina 287: 3
'telephone: [phone] * Fax: (83b) 659-3484
Website: mCdOwen ynain.ac ust-lucdowelif
Ile: Course of Action for watershed Violation on Buck Creek
Critical Area, Water Supply Intake for City of Marion
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Mr. Boyd,
This letter is a follow up to our meeting on your property on May 2, 2005, in
wference to your Watershed Violation. Your property located on Buck Creek is in the
Watershed Ii Critical Area for the City of Marion's Public Water Supply Intake and is
classified as High Quality waters (HWQ) and Trout waters. During the meeting we
discussed remedies to rectify the problem areas that were in violation on your property.
We discussed reestablishment of vegetation along the Greek bank to replace what had
been cut down and removed. Please keep in mind that the buffer area is measured front
the top of the bank back a minimum of 30 feet.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed. and vegetation reestablished in that area. It will be necessary that you utilize silt
fencing and any other type of erosion control devices necessary to keep sediment and silt
out of the water.
Please submit to this Office a written plan and a timeframe for accomplishing the
reestablishment of the buffer area. Enclosed in this packet you will find a copy of
"Guidelines for Riparian Buffer Restoratiou7. This guide shows what is beneficial to
replant and reestablish the buffer along Buck Creek- You may wish to seek the advice Of
a landscaper familiar with buffer restoration or contact Dan Smith with the North
Carolina Cooperative Extension Office; be would be a valuable resource for you.

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06113/2005 89:08 82BB520703
140DOWS I INSPECTIONS
PAGE 01
McDowell County Flannin Department
60 EAST COURT S'I'REX'T
MARION, ETC 28752
VOI E:828/652-7121
FAX: [phone]
FAX 'TRANSMISSION COVER SHEET
DATE: June 1.3, 2005
TO: Janet Cantwell, Ray McC814 and Wade Knex
FROM: Ronald Harmon
FAX #: 828.2".7043
YOU SHOULD RECEIVE (3) PAGE(S) INCLUDING THIS COVER SHEET. IF YOU
DO NOT RECEIVE ALL PAGES, PLEASE CALL 8281652-7121 EXT 341
This fax oontaiw a course of action letter for Mr. Tony Boyd in McDowell County. The
letter; will be mailed out on Monday June 13, 2005. Mr. Boyd will have three months
from the date of receipt of this letter to rectify bis problems in the Watershed.
If you have any other questions please don't hesitate to contact me.
Ronald Harmon
McDowell County Planning Administrator
828.652.7121 Ext. 341
[e-mail]
0 U
J U N l 3 2005
WATERDLIALITY SECTION
ASHEVILLE REGIONAL OFFICE

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 1, 2005
DRAFT/DRAFT/DRAFT
Tony Boyd/ Creek Side Campground
1297 Hwy 70 West
Marion, NC 28752
Re: Course of Action for Watershed Violation on Buck Creek
Critical Area, Water Supply Intake for City of Marion
Mr. Boyd,
This letter is a follow up to our meeting on your property on May 2, 2005, in
reference to your Watershed Violation. Your property located on Buck Creek is in the
Watershed II Critical Area for the City of Marion's Public Water Supply Intake and
is classified as High Quality Waters (HWQ) and Trout waters. During the meeting we
discussed remedies to rectify the problem areas that were in violation on your property.
We discussed reestablishment of vegetation along the creek bank to replace what had
been cut down and removed. Please keep in mind that the buffer area is measured from
the top of the bank back a minimum of 30 feet.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. It will be necessary that you utilize
silt fencing and any other type of erosion control devices necessary to keep sediment and
silt out of the water.
Please submit to this office a written plan and a timeframe for accomplishing the
reestablishment of the buffer area. Enclosed in this packet you will find a copy of
"Guidelines for Riparian Buffer Restoration". This guide shows what is beneficial to
replant to reestablish the buffer along Buck Creek. You may wish to seek the advice of a
landscaper familiar with buffer restoration or contact Dan Smith with the North Carolina
Cooperative Extension Office; he would be a valuable resource for you.
This documentation will serve as record of your compliance with reestablishment of the
buffer area. We want to set up an inspection and work schedule so that progress can be
documented and questions can be asked at that time. During reestablishment of the
buffer I will be inspecting your progress, and after all work is complete I will make a

final inspection to document the work you have done. Please also keep me informed
weekly of your progress.
You will have a period of three (3) months to complete this work. Your three months will
begin upon receipt of this letter. Please do not hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of promptly and properly.
Sincerely,
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, County Manager
Janet Cantwell, NCDENR- NC Division of Water Quality
Bob Boyette, Marion City Manager
Ray McCall, NCDENR-Public Water Supply
Wade Knox, NCDENR- Public Water Supply
McDowell Health Department, Health Director

A�)
NCDENR
NORTH DnROIJNA DEPARTMENT OF
ENVIRONMENT- N/WRAI P-ROE$
North Carolina Department of Environment and Natural Resources
to r-�f Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
May 25, 2005
Mr. Bob Boyette, City Manager
City of Marion
Drawer 700
Marion, North Carolina 28752
Re Waterslied Protection
Ciiti calrArea
Dear Mr. Boyette:
William G. Ross Jr., Secretary
As we recently discussed, we have received reports from the Division of Water Quality and McDowell County concerning
a travel trailer development being constructed within the critical area of the city's Buck Creek intake off Old Highway 70.
Investigation by this department has revealed that a great deal of disturbance has occurred in this protection area by the
removal of trees and natural ground cover by Mr. Tony Boyd the developer. McDowell county and the Division of Water
Quality have contacted Mr. Boyd requesting that he discontinue removal of the natural buffer and for him to restore the area
to its more natural state.
Due to this finding we would request that you and other town officials become actively involved in working with your
county Watershed Protection Division to see that the natural buffer zone around your water supply intake be restored as
soon as possible. Due to this disturbance and without a natural buffer present your water supply is more vulnerable to run
off of silt and any other contaminants that might be spilled in and around the intake.
Please take the time to visit this site and assess the damage to this natural buffer zone. We would also ask that you review
your intake for the need of increased security such as better fencing, gate control and lighting as well as video surveillance.
Security is a bigger concern with this increase in residential population so near to this intake.
We rest assured that you and your town officials will take an active role in the better protection of you water supply and
watershed. Should you have questions regarding these concerns and requests please feel free to contact us at (828) 296-
4500.
Sincerely
Ray McCall
Water Treatment Plant Consultant
Cc: Janet Cantwell, North Carolina Division of Water Quality
Ronald H. Harmon, McDowell County Watershed Administrator
Jessica Miles, Chief Public Water Supply Section
Jim Adams, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/enr
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Cantwell, Janet
From ,,—Hti,. ,�, ;._ + ,- orR
ald,arH o ,[e-mail]>
kE
v Sent: Tuesday, a7 240538 PM
To: <[e-mail]>
Subject: Boyd Letter
Attachments: Boyd Watershed BC.doc
Mrs. Cantwell,
lease read�andyrrevis f Lette%Hrattacl din this em' il; pefully_'L'a..ieJaszt l anything �m -6fta f �o 0
Thanks,
Ronald Harmon
McDowell County Planning Administrator
60 East Court Street Marion, NC 28752
[phone] Ext 341
Planning(a-)-mcdowell.main. nc.us

June 1, 2005
Tony Boyd/ Creek Side Campground
1297 Hwy 70 West
Marion, NC 28752 r�
Re: Course of Action for Watersho Violation on Buck Creek
e5g t/ &Aal t, 54) �
Mr. Boyd,
This letter is a follow up to our meeting on your property May 2, in reference to
your Watershed Violation. Your property located on Buck Creels is in the Watershed II
Critical Area which is classified as High Quality Waters (HWQ) and trout waters.
During the meeting we discussed remedies to rectify the problem areas that were in
violation on your property. We discussed reestablishment of vegetation along the creels
bank to replace what had been removed. Enclosed in this packet you will find a copy of
"Guidelines for Riparian Buffer Restoration". This guide shows what is beneficial to
replant helping to reestablish the buffer along Buck Creels. You can also seek the advice
of a landscaper or contact Dan Smith with the North Carolina Cooperative Extension
Office; he would be a valuable resource for you.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. Ateiall_worl{ is-eornplete-I-would�lilt'e
L- to -inspect the area -and document the-worl� you-ha_ve dome. This documentation will serve
as record of your compliance with reestablishment of the buffer area. Wew`a-nr--o es t=up-
an-i-nspecl on:and w�orls=schedule-so-that-pro.gress_can-be-documented=andquestions_can
be asked at that time. Also it is recommended that you utilize silt fencing and any other
type of erosion control devices you deem necessary to keep sediment and silt out of the
water.
You will have a period of three (3) months to complete this work. Your three months will
begin upon receipt of this letter. Please do not hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of promptly and properly.

Sincerely,
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, Co anager
Janet Cantwell, NC ivision of Water Quality'
Bob Boyette, Marion City Manager
Ray McCall, NCDENR-Public Water Supply
Wade Knox, NCDENR- Public Water Supply
McDowell Health Department, Health Director

3 v✓�'.hi' ' -"'J'J i" z' may
i

NCDENR
No— Caa — DEvnar — of
E—RORMEry D NQURIL RESOURCES
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
May 25, 2005
Mr. Bob Boyette, City Manager
City of Marion
Drawer 700
Marion, North Carolina 28752
Re: City of Marion -Buck Creek Intake
Watershed Protection Critical Area
01-56-010, McDowell County
Dear Mr. Boyette:
William G. Ross Jr., Secretary
As we recently discussed, we have received reports from the Division of Water Quality and McDowell County concerning
a travel trailer development being constructed within the critical area of the city's Buck Creek intake off Highway 70.
Investigation by this department has revealed that a great deal of disturbance has occurred in this protection area by the
removal of trees and natural ground cover by Mr. Tony Boyd the developer. McDowell county and the Division of Water
Quality have contacted Mr. Boyd requesting that he discontinue removal of the natural buffer and for him to restore the area
to its more natural state.
Due to this finding we would request that you and other town officials become actively involved in working with your
county Watershed Protection Division to see that the natural buffer zone around your water supply intake be restored as
soon as possible. Due to this disturbance and without a natural buffer present your water supply is more vulnerable to run
off of silt and any other contaminants that might be spilled in and around the intake.
The close proximity of the new residential / commercial facility to the intake only increases the vulnerability of the source.
Please take the time to visit this site and assess the damage to this natural buffer zone. We would also ask that you review
your intake for the need of increased security such as better fencing, gate control and lighting as well as video surveillance.
Improving the security around major infrastructure is key in any water supply protection program.
We rest assured that you and your town officials will take an active role in the better protection of you water supply and
watershed. Should you have questions regarding these concerns and requests, please feel free to contact us at (828) 296-
4500.
Sincerely
1",2 *C&Ix,
Ray McCall
Water Treatment Plant Consultant
CC Janet Cantwell,; North Carolina -Division of Water. Quality,..
Ronald H. Harmon, McDowell County- Watershed Administrator
Jessica Miles, Chief Public Water Supply Section
Jim Adams, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] \ FAX: [phone] \ Internet: www.enr,state.nc.us/enr
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

May 24, 2005
Tony Boyd/ Creek side Campground
1297 Hwy 70 West
Marion, NC 28752
Re: Course of Action for Watershed Violation
Mr. Boyd,
This letter is a follow up to our meeting on your property May 2, in reference to
your Watershed Violation. During the meeting we discussed remedies to rectify the
areas that were in violation on your property. We discussed reestablishment of vegetation
along the creek bank to replace what had been removed. Enclosed in this packet you will
find a copy of "Guidelines for Riparian Buffer Restoration". This guide shows what is
beneficial to replant helping to reestablish the buffer along Buck Creek. You can also
seek the advice of a landscaper or contact Dan Smith with the North Carolina
Cooperative Extension Office; he would be a valuable resource for you.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. After all work is complete I would like
to inspect the area and document the work you have done. This documentation will serve
as record of your compliance with reestablishment of the buffer area.
You will have a period of three (3) months to complete this work. Your three months will
begin upon receipt of this letter. Please do not hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of promptly and properly.
Sincerely,
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, County Manager
Janet Cantwell, NC Division of Water Quality
Bob Boyette, Marion City Manager

June 1, 2005
Tony Boyd/ Creek Side Campground
1297 Hwy 70 West
Marion, NC 28752
Re: Course of Action for Watershed Violation on Buck Creek
Mr. Boyd,
This letter is a follow up to our meeting on your property May 2, in reference to
your Watershed Violation. Your property located on Buck Creek is in the Watershed II
Critical Area which is classified as High Quality Waters (HWQ) and trout waters.
During the meeting we discussed remedies to rectify the problem areas that were in
violation on your property. We discussed reestablishment of vegetation along the creek
bank to replace what had been removed. Enclosed in this packet you will find a copy of
"Guidelines for Riparian Buffer Restoration". This guide shows what is beneficial to
replant helping to reestablish the buffer along Buck Creek. You can also seek the advice
of a landscaper or contact Dan Smith with the North Carolina Cooperative Extension
Office; he would be a valuable resource for you.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. After all work is complete I would like
to inspect the area and document the work you have done. This documentation will serve
as record of your compliance with reestablishment of the buffer area. We want to set up
an inspection and work schedule so that progress can be documented and questions can
be asked at that time. Also it is recommended that you utilize silt fencing and any other
type of erosion control devices you deem necessary to keep sediment and silt out of the
water.
You will have a period of three (3) months to complete this work. Your three months will
begin upon receipt of this letter. Please do not hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of promptly and properly.

Sincerely,
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, County Manager
Janet Cantwell, NC Division of Water Quality
Bob Boyette, Marion City Manager
Ray McCall, NCDENR-Public Water Supply
Wade Knox, NCDENR- Public Water Supply
McDowell Health Department, Health Director

Cantwell, Janet
JLF
rorr:Roriald'Harmon [e-mail]:us>
Sent: Friday, ayr20, �2005 9:27 AM
To: <[e-mail]>
Subject: Boyd Watershed Issue
Good Friday Morning,
I wanted to double check with you before I begin fashioning a letter for Mr. Boyd. I was to address that he had violated the
buffer area. He needs to re -vegetate the area disturbed and adhere to the 30 foot setback rule.
Also that he will have 3 months to meet the requirements set fourth in the letter. I will also include a copy of the vegetation
information you gave me also.
Hope all is well.
Ronald Harmon
McDowell County Planning Administrator
60 East Court Street Marion, NC 28752
[phone] Ext 341
planning(o).mcdowell. main. nc. us

Cantwell, Janet
Sent:
Wednesday, LMgy 2=5, 20054:07 PM
To:
JANET CANTWELL
Cc:
Jim Adams
Subject:
Marion Letter
Attachments:
marion.doc; Ray.McCall.vcf
Janet and Jim:
Here is the letter I want to send to Bob Boyette. We spoke again today and I again expressed my concern to the town
and reminded them that they needed to become more active in the protection of their intake and water supplies. Bob is
expecting this letter, in fact he seemed to welcome it. We also discussed the new security concerns as well and the
increased vulnerability with the buffer disturbance. Please review and give me your comments before I send it out.
Thank You!
Ray
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. 7P0 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

NCDENR
No— CnR — DEF—MEW of
E,MRONMEW AND NATURAL RESOURCES
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
Ma��25;��00'S
Mr. Bob Boyette, City Manager
City of Marion
Drawer 700
Marion, North Carolina 28752
Re: Watershed Protection
Buck Creek Intake
Critical Area
Dear Mr. Boyette:
William G. Ross Jr., Secretary
As we recently discussed, we have received reports from the Division of Water Quality and McDowell County concerning
a travel trailer development being constructed within the critical area of the city's Buck Creek intake off Old Highway 70.
Investigation by this department has revealed that a great deal of disturbance has occurred in this protection area by the
removal of trees and natural ground cover by Mr. Tony Boyd the developer. McDowell county and the Division of Water
Quality have contacted Mr. Boyd requesting that he discontinue removal of the natural buffer and for him to restore the area
to its more natural state.
Due to this finding we would request that you and other town officials become actively involved in working with your
county Watershed Protection Division to see that the natural buffer zone around your water supply intake be restored as
soon as possible. Due to this disturbance and without a natural buffer present your water supply is more vulnerable to run
off of silt and any other contaminants that might be spilled in and around the intake.
Please take the time to visit this site and assess the damage to this natural buffer zone. We would also ask that you review
your intake for the need of increased security such as better fencing, gate control and lighting as well as video surveillance.
Security is a bigger concern with this increase in residential population so near to this intake.
We rest assured that you and your town officials will take an active role in the better protection of you water supply and
watershed. Should you have questions regarding these concerns and requests please feel free to contact us at (828) 296-
4500.
Sincerely
Ray McCall
Water Treatment Plant Consultant
Cc: Janet Cantwell, North Carolina Division of Water Quality
Ronald H. Harmon, McDowell County Watershed Administrator
Jessica Miles, Chief Public Water Supply Section
Jim Adams, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/enr
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

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08/17, 2005 15: 32 82BGS20703
M1CDOWELL INSPECTIONS
PAGE 02
McDowell County
June 8, 2005
Tolay Boyd/ Creek Side Campground
1297 Hwy 70 West
Marion, NC 28752
•
60 Fast Court Street - Muian, North Carolina 2S75:
Telephone: (&U) 652-7121, 02z: (828) 639 :tt83
Webslte: mcdowea.11limnC.U51 tmcdow•eW
Re: Course of Action for Watershed Violation on Buck Creek
Critical Area, Water Supply Intake for City of Marion
Mr. Boyd,
This letter is a follow up to our meeting on your property on May 2, 2005, in
refercnce to your Watershed Violation. Your property located on Buck Creek is in the
Watershcd. II Critical Area for the City of Marion's Public; Water Supply intake and is
classified as High Quality Waters (HWQ) and Trout waters. During the meeting we
discussed remedies to rectify the problem areas that were in violation an your property.
We discussed reestablishment of vegetation along the creek bank to replace what had
been cut down and removed. Please keep in mind that the buffer area is measured from
the top of the bank back a minimum of 30 feet.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestablished in that area. It will be necessary that you utilize silt
fcneing and any other type of erosion control devices necessary to keep sediment and silt
out of the water.
Please submit to this office a written plan and a timeframe for accomplishing the
reestablishment of the buffer area.. Enclosed in this packet you will find a copy of
"Guidelines for Ripariam Buffer Restoration". This guide shows what is beneficial to
replant and preestablish the buffer along Buck Creek. You may wish to seek the advice of
a landscaper familiar with buffer restoration or contact Dan Smith with the North
Carolina Cooperative Extension office; he would be a valuable resource for you.

!, 08/17/2005 15: 32 8286520703 ► ODMELL INSPECTIONS PAGE 03
This documentation will serve as record of your compliance with reestablishment of the
buffer area. We want to set up an inspection and work schedule so that progress can be
documented and questions can be asked at that time.' During reestablishment of the
buffer I will be inspecting your progress, and after all work is complete I will make a
rMal inspection to document the work you have done. Please also keep me informed
weekly of your progress -
You will haver a period of three (3) months to complete this work. Your three months will
begin upon receipt of this letter. Please do mot hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of promptly and Property.
Sincerely,
oo
Ronald it Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, County Manager
Janet Cantwell, NCDENR NC Division of Water Quality
Bob Boyette, Marion: City Manager
Ray McCall, NCDENR Public Water SupplY
Wade Knox, NCDENR- Pablic Water Supply
McDowell Health Departwent, Health Director

08/17,12005 15:32 8266520703 MCDOWS I INSPECTIONS PAGE 01
McDowell County Planning Department
60 EAST COURT STREET
MARION, NC 28752
VOICE: 828/652-7121
FAX: [phone]
FAX TRANSMISSION COVER SHEET
DATE: August 17, 2005
TO: Janet Cantwell
FROM: Ronald Harmon
FAX #: [phone]
YOU SHOULD RECEIVE (3) PAGE(S) INCLUDING THIS COVER SHEET. IF YOU
DO NOT RECEIVE ALL PAGES, PLEASE CALL 828l652-7121 EXT 34)
Mrs. Cantwell:
Here is the Boyd letter. If you need anything else please let me know.
Ronald Harmon
McDowell County Planning Administrator
828.652.7121 Ext. 341
[e-mail]

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.0308 CATAWBR RZVER BASIN
Classification
Name of Stream Description Class Date Index No.
Sheehan Creek (Shoehan
Creek)
Deerstand Creek
slim Creek
Firescald Creek
Long Branch
Possey Branch
Bee Branch
From source to Little Buck
Creek
From source to Little Buck
Creek
From source to Deerstand
Creek
From source to Slim Creek
From source to Little Buck
Creek
From source to Little Buck
Creek
From source to Little Buck
Creek
WS-II,B;Tr,HQ 08/03/92 11-19-11-2
W
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W
WS-II,B;Tr,HQ 08/03/92 11-19-11-4
W`
WS-ZI,B;Tr,HQ 08/03/92 11-19-11-5
W
WS-II,B;Tr,HQ 08/03/92 11-19-11-6
W
Persimmon Creek From source to Buck Creek WA-TT-wnw nA/nz/aq 11-10-17
ntake To�Cafs'��aba R' uer ,�g
Nix Creek (Nicks Creek)
From source to Catawba River
C
03/01/62
11-20
Toms Creek
From source to Harris Creek
C;Tr,HQW
08/01/98
11-21-(1)
Toms Creek
From Harris Creek to
C;HQW
08/01/98
11-21-(2)
McDowell County SR 1434
Harris Creek
From source to Toms Creek
C;Tr,HQW
O8101198
11-21-3
South Fork Toms Creek
From source to Toms Creek
C;Tr,HQW
O810119Q
11-21-4
Betsy Creek
From source to Toms Creek
C;Tr,HQW
08/01/98
11-21-5
Toms Creek (Morgan Lake)
From McDowell County SR 1434
C
03/01/62
11-21-(6)
to Catawba River
Johns Creek
From source to Catawba River
C;Tr
03/01/62
11-22
CATAWBA RIMER (Lake James
From North Fork Catawba
WS-V,B
04/01/99
11-(23)
below elevation 1200)
River to Bridgewater Dam
North Fork Catawba River
From source to mouth of
C;Tr
03/01/62
11-24-(1)
Laurel Branch
Locust Spring Branch
From source to North Fork
C;Tr
07/01/73
11-24-2
Catawba River
North Fork Catawba River
From mouth of Laurel
B;Tr
09/01/96
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Branch to Armstrong Creek
Laurel Branch
From source to North Fork
C;Tr
07/01/73
11-24-3
Catawba River
4

s

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-.Street ............. .................
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N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
TO:
FROM:
DATE:
# OF PAGES INCLUDING THIS COVER: �-
MESSAGE: If questions, please call 828/296-4500
NCDENR

SENDING CONFIRMATION
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N. C. DEPARTMENT OF ENVIRONMENT AND
�t, NATURAL RESOURCESDIVISION OF WATER QUALI
WATER QUALITY SECT ONrr NCDENR
ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
TO:
FAX#:
FROM:
DATE:(>�-
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, plonso call 8281296-4500
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TheNe>'FOtialMap Street 5 km W of Marion, North Carolina, United States 7/1/1994
1809 US Hwy 70
City Size
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N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
FAX #:
FROM:
DATE: U
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, please call 828/296-4500
e��
NCDENR
r

08/17,12005 15:32 8226520703
14CDOkELL INSPECTIONS
PAGE 02
McDowell County
Jane S, 2005
Tdiay_>�ay+ Crack de Ca mpgrajMd�
1297 Hwy 70 Wed
Marion, NC 28752
60 East Conn Skeet - Marian, Narth CoNlUna 23752
7ktephoto (M) 652-71216 Fax: (828) 659,3484
websitet mcdOWe0.t1=[mnr w/—wcdowe1V
Ike:1ict��ua#'or� Water�shed'Vfall$tian-ou-aek Csr+eek
4C�i#ecal ca,Water-Supply-fntake_for-City_-O$ Msrean:
Mr. Boyd,
Thies letter is a follow up to our meeting on your property on May 2, 2005, in
reference to your Watershed Violation. Your property located on Buck Creek is in the
Watershed a Critical Area for the City of Marion's Public Water Supply Intake and is
classified as High Quality Waters (HWQ) and Trout waters. During the meeting we
discussed remedies to rectify the problem areas that were in violation on your property.
We discussed reestablishment of vegetation thong the creek bank to replace what had
been cut down and removed. Please keep in mind that the buffer area is measured from
the top of the bank back a minimum of 30 feet.
Another problem discussed was the gravel dumped along the shoreline. This must be
removed and vegetation reestahlMed in that area. It will be necessary that you utilize silt
fencing and any other type of erosion control devices necessary to keep sediment and silt
out of the water.
Please submit to this office a written plan and a timeframe for accomplishing the
reestablishment of the buffer area. Enclosed in this packet you will find a copy of
"Guidelines for Riparian Buffer Restoration". This guide shows what is beneficial to
replant and preestablish the buffer along Buck Creek. You may wish to seek the advice of
a landscaper familiar with buf%r restoration or contact Dan Smith with the North
Carolina Cooperative Extension Office; he would be a valuable resource for you.

08J17,12005 15:32 8286520703 14CDOkFII I6PECTIOWS PAGE 03
This documentation will serge as record of your compliance with reestablishment of the
buffer .area. We want to set up an inspection and work schedule so that progress can be
documented and questions can be asked at that time.' During reestablishment of the
buffer I will be inspecting your progress, and after all work is complete I will make a
final inspcction to docuunent the work you have done. Please also keep me informed
weekly of your progress.
You will havers period of three (3) montbS to complete this work. Your three months will
begin upon receipt of this letter. Please do not hesitate to contact me during this process if
you have any questions or concerns. I will work with you to make sure this is taken care
of pmmptty and properly
Sincerely,
Ronald H. Harmon
McDowell County Watershed Admmtstrator
Cc: Chuck Abernathy, County Manager
Janot Cantwell, NCDENR NC Division of Weser Quality
Bob Boyette, Marion City Manager
Ray McCall, NCDENR Public Water Supply
Wade Knox, NCDENR- Public Water 5upp1Y
McDowell Health Department, Health Director

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McDowell County
Hand Delivered
April 29, 2005
Tony Boyd
1297 Hwy 70 West
Marion, NC 28752
60 East Court Street • Marion, North Carolina 28752
Telephone: [phone] • Fax: [phone]
Website: mcdowell.main.ne.us/-mcdowell/
Re: McDowell County Watershed Ordinance Violation
Mr. Boyd:
This letter is to serve as Notice of Violation of the McDowell County Watershed
Ordinance. In accordance with Section 304, A minimum of thirty (30) foot vegetative
buffer for development activities is required along all perennial waters indicated on the
most recent versions of the U.S.C.S. 1:24,000 (7.5 minute) scale topographic maps or as
determined by local government studies. Desirable artificial streambank or shoreline
restoration is permitted.
All work along the shoreline of Buck Creek is in violation of the Watershed Ordinance.
The buffer area is measured from the top of the creek bank 30 feet back. Therefore any
land disturbing or under grubbing activities that have taken place within this area are a
direct violation of the ordinance. No mechanical machinery is allowed within the buffer
area along Buck Creek.
All work along the Buffer Areas on Buck Creek must stop, and efforts to reestablish
vegetation must take place immediately. You may appeal this decision to the McDowell
County Watershed Review Board. The Board meets every 4th Monday of each month -at
7pm in the Commissioners Boardroom.
Since�./C/
K
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, McDowell County Manager
Janet Cantwell, North Carolina Division of Water Quality
McDowell County Watershed Review Board
Bob Boyette, City Manager Marion North Carolina

A�
WDENR
NORTH CAROLINA OERARTMENT OF
ENVIRONMENT AND NRRI RESOURCES
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
May 25, 2005
Mr. Bob Boyette, City Manager
City of Marion
Drawer 700
Marion, North Carolina 28752
Re: Watershed Protection
Buck Creek Intake
Critical Area
Dear Mr. Boyette:
William G. Ross Jr., Secretary
As we recently discussed, we have received reports from the Division of Water Quality and McDowell County concerning
a travel trailer development being constructed within the critical area of the city's Buck Creek intake off Old Highway 70.
Investigation by this department has revealed that a great deal of disturbance has occurred in this protection area by the
removal of trees and natural ground cover by Mr. Tony Boyd the developer. McDowell county and the Division of Water
Quality have contacted Mr. Boyd requesting that he discontinue removal of the natural buffer and for him to restore the area
to its more natural state.
Due to this finding we would request that you and other town officials become actively involved in working with your
county Watershed Protection Division to see that the natural buffer zone around your water supply intake be restored as
soon as possible. Due to this disturbance and without a natural buffer present your water supply is more vulnerable to run
off of silt and any other contaminants that might be spilled in and around the intake.
Please take the time to visit this site and assess the damage to this natural buffer zone. We would also ask that you review
your intake for the need of increased security such as better fencing, gate control and lighting as well as video surveillance.
Security is a bigger concern with this increase in residential population so near to this intake.
We rest assured that you and your town officials will take an active role in the better protection of you water supply and
watershed. Should you have questions regarding these concerns and requests please feel free to contact us at (828) 296-
4500.
Sincerely
Ray McCall
Water Treatment Plant Consultant
Cc: Janet Cantwell, North Carolina Division of Water Quality
Ronald H. Harmon, McDowell County Watershed Administrator
Jessica Miles, Chief Public Water Supply Section
Jim Adams, Public Water Supply Section
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/enr
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--------------------------------------------------------------------------------
MAP BLK LOT (A C D I,R S CF) UPDATE ABST (YIN) NBH
0792 00 - 20 - 2311 A�TfO1T: I' N
PROPERTY VALUES: BUILDING: 5890
O: i
LAND: 224250
MARKET::ii
• :ii
iiiii ii11
PRIOR OWNER:- ■ :NOn
1 RA -O. - - - �:- ii- i- P.C. HWY 70
MODEL: -al SFR CONSTRUCTION CARDS: 2 NEW NOTICE CODE:
SALE? T/S BOOK /PAGE DEED ATE INST STAMPS ABBREVIATED LEGAL DESCR
00211 0073 06/25M70 WD .00 DB 174-459 HWY 70 7.8 ACR
S
NUMB DIR STREET NAME TYPE STREET SUFFIX 7r-
HWY 70
TAP : 06 EMP- —
CTY: — — _ _ U/M:5001 UPD:-0425/2005 13:34 MEnISSIA TAXBILL

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Search TerraServer 401809 US-70, Marion, NC 28752
K ihaNadonalmap • d 98
Street 4 km W of Marion, North Carolina, Unite States 4/6/19
1809 US 70 West
City
Size
Marion
OUT Yp
State
NC o
-
Longitude Latitude
i K.06099 35.68745 i
L I— — ---
IN
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WVeatber Forecast � :
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¢rad byr .'•
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McDowell County
Hand Delivered
April'=�2�9-�-2005
T.-M—PR`oy_di
1297 Hwy 70 West
Marion, NC 28752
60 East Court Street - Marion, North Carolina 28752
Telephone: [phone] - Fax: [phone]
Website: mcdowell.main.nc.us/—mcdowell/
Re: sMeD;,aweii"C'ounfy_ _a`ershedVrd`iaa ce V olafion
Mr. Boyd:
This letter is to serve as Notice of Violation of the McDowell County Watershed
Ordinance. In accordance with Section 304, A minimum of thirty (30) foot vegetative
buffer for development activities is required along all perennial waters indicated on the
most recent versions of the U.S.C.S. 1:24,000 (7.5 minute) scale topographic maps or as
determined by local government studies. Desirable artificial streambank or shoreline
restoration is permitted.
All work along the shoreline of Buck Creek is in violation of the Watershed Ordinance.
The buffer area is measured from the top of the creek bank 30 feet back. Therefore any
land disturbing or under grubbing activities that have taken place within this area are a
direct violation of the ordinance. No mechanical machinery is allowed within the buffer
area along Buck Creek.
All work along the Buffer Areas on Buck Creek must stop, and efforts to reestablish
vegetation must take place immediately. You may appeal this decision to the McDowell
County Watershed Review Board. The Board meets every 4th Monday of each month at
7pm in the Commissioners Boardroom.
Sincerely'
Ronald H. Harmon
McDowell County Watershed Administrator
Cc: Chuck Abernathy, McDowell County.Manager
Janet Cantwell, North Carolina Division of Water Quality
McDowell County Watershed Review Board
Bob Boyette, City Manager Marion North Carolina

- xequired Inelds
ID Number:
DATE
RECEIVED:
ID NUMBER
Investigator:
Investigator Received:
Description of Complaint:
NC Department of Environment and Natural Resources
Division of Water Quality/Water Quality Section
Complaint Investigation
COUNTY:
Received By:
Mechanism Received
Status:
NPDES:
NON-
DISCHARGE:
401
EMERGENCY
ANIMAL WASTE
OTHER
Wastewater Plants
Sewer Lines
Spills
Fishkills
Complaint
Comments:
Physical Location:
Physical Address:
Cit & ip Code
Directions to Site:
CPS Coordinate (N):
GPS Coordinate E :
Parcel Number:
Property Owner Name:
Parcel Number:
Property Owner Name:
A roximate Acreage:
USGS Quad Name:
Dates of Aerial Photos:
Responsible Party Information:
RP Last Name:
7156 Yo
RP First Name:
RP Address:
zzRP
City:
RP State:
RP Zip:
RP Main Phone:
RP Alt Phone or Cell
Phone:
RP Affiliation to Site:
RP Business:
Complainant Information:
CP Last Name:
CP First Name:
CP Address:
CP City:
CP State:
CP Zip:
CP Main Phone:
CP Alt Phone or Cell Phone:
CP Affiliation to Site:
Call Back Requested:
Yes No

Required Fields
ID Number:
Disposition:
No Violation(s) Found:
Date:
Removed:
Date:
Violation(s) Corrected
Date:
Referred To:
Date:
Closed
Date:
Referred To:
Date:
Copies To and Date:
Date Action

10
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
Mr. Ronald Harmon
Planning Administrator
McDowell County
60 East Court Street
Marion, NC 28752
Dear Mr. Harmon:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
December 10, 2002
Subject: McDowell County Watershed
Mr. Van Boyd's Property
US Highway 70 at Buck Creek
McDowell County
The purpose of this letter is to document our meeting of Friday November 8, 2002. On that
date Mr. Roy Davis of this Office and I met with you, Mr. Ken McFadyen and Mr. Van Boyd on Mr.
Boyd's property bordering Buck Creek. Mr. McFadyen arranged the meeting for the purpose of
discussing Mr. Boyd's proposed accessing of his property along Buck Creek and the impact on
McDowell County's Watershed Ordinance.
Mr. Boyd proposed a road that would cross the adjacent property owned by a Mr. Burleson
and then would cross a berm located on his property. The purpose of the berm is to redirect
stormwater from the Boyd property to a point outside of the Buck Creek watershed. I made these
observations about the site and its access. It appears that there are other accesses available to
this property that should be explored as alternatives, which are outside of the watershed. The
adjacent mobile home park, for example, appears to have access outside of the watershed, and
might be utilized. However, should Mr. Boyd decide that there are no other alternatives, then; the
construction would have to be approved by the County in accordance with the provisions of the
watershed ordnance. Additionally, the construction should not disturb the stormwater pattern of
the Boyd property nor existing berm elevations that were previously established. Should this
criteria be met then this Division would have no issue with Mr. Boyd's proposal.
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
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Mr. Harmon
December 10, 2002
Page 2
If you should have any questions regarding this or other water quality issues please
contact me at [phone].
Sincerely,
Larry Frost
Environmental Chemist
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
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WATER SUPPLY WATERSHED MAIN PAGE
Page 2 of 2
NC DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
DWQ PLANNING BRANCH
WATER SUPPLY WATERSHED PROTECTION
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
Phone: [phone] ext 366
FAX: [phone]
scott.Carpenterkncmailmet
Fr; . AWV
L y c
?f
N
CDENR
State of N.C. I DEN R I DWQ I Water Quality Section I [WSWP]
http://h2o.enr.state.nc.us/wswp/index.html (Last Updated: February9, 2001)
http://h2o.enr.state.ne.us/wswp/mapping.htm 9/23/2005

,. OCT 30 '02 10:27AN MCDOWELL COUNTY P.1
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OCT 30 ' 02 10 : 28RN MCDO41ELL COUNTY
P.�
McDOWELL CAYU71INTY
Mr. Van Boyd
Post Office Box 1122
!Aarion, North Carolina 28752
Dear iir. Boyd:
64 East Court Street - Marion, North Carolina 28752 - (628) 652-77 cl
On Monday, October 215i9 Ken McFadyen and I visited your property in Pleasant tsardcns, with dw
City of Mw ion also m attenda=, (tax parcel # 0792-2.0-8295) to discuss the proposed developm s
to the property and to aLow Uc1 ouleil County to assess the developni-.nt's conformity to the
Wathed Ordinance.
We understand that a berm along your north and west property lines forma tho watershed boundary.
The relevant watershed area is a -11-CA (Critical Afea). Please find attached the Watmhed
Ordinance that addresses development requirements for this watershed area designation, Also, we
r� &a— s wA,.,. that you wish to pave o-n ac s drive from Highway 70 to the northwest comer ofyou,
property, pressing over the beam We observed that work has begun on tw northwest section of the
berm in preparation for development. Last, you indicated a need to instate drainage tiles usn&r the
exit drive at two locaitiaw, Cbules Burleson owns the property where the drive (excludinZ the
ham) ad Mpowd tiling is looatcti (tax parcel # 0792-20-4490).
In PLrklaaring a respnse to fne pnsp sed activities, McDowell County has contacted Stove o-a-Apt r
w1& the Division of Water Quality for his assessment of the proposed activitics, which is cons!M 1
with Section 402 (B) of the Watershed Ordinance, Mr, ZouWy's respQnse is attached.
Three items relate to true Water4wd Ordinsme with this particular situation.
1 T 'oars prevents surfma &61 gb on your property froni Rowing to Buck Creek MA Woffio
downstream water intake. In serving this need, the berm should remain undeveloped with at lest a
grass cover and a twenty -foot setback of aW development from it. The twenty -foot sethack is
consistent with the minutes of the October 24, 199S Plat►nirig Board meeting that resolved the
watershed boundary on your propexty.
Page 1 of 2

oOCT 30 , 02 10 : 28AN MCDCWELL COUNTY P .
Paving or graveling any portion of the berm will alter drainage. Pavement and gfavea, - z,
ii, pus surface, would assist lzo- iered surface drainage in entering Buck Creek, If the batYi is
altered, the drainage pattern wM also be altered between your property and the W9-11-CA. In doing
so, your property; which is currently outside of watershed area, may then become part of the
watershed area and subject to the Ordinance's developm=t requirements. It is also important to note
that the sect�an of the berm proposed to be developed lies at the lowest point of the entire berm.
r, The current drive is neither paved nor graveled and is parallel to Buck Creek. Ivft. Burleson's
property is 1.67 acres and has two Mobile horns located on it. Paving and/or graveling creates an
impervious surface. This parcel is located within the watershed area and is limited to a 6% built -upon
area for any new development; the mobile homes would be excluded from the density requiremom
bewause we understand that the hones were on the parcel prior to the Watershed Grdixai=
hn-plemantation. Also, the Ordinance calls, for a thirty-foot setback of development activities to a
perennial stream such as Huck Creek.
To pave or gravel the drive on Ivies. Burleson's property to your northwest property corner, the -total
bu llt-upon area c=ot eneed 6% of 1,67 acres, or .10 acre. Moreover, to develop the drive, it
camnot be within the thirtyt£aot setback of Buck Creek. McDowell County estimates that the
-irvi .way would be four hundred feet long and ten feet wide, for a total o£ 4,000 square feet, os .09
am. Should you choose to develop t6 driveway, it cannot exceed the 6% built -upon area and must
be at least thirty feet from Buck Ck'eek. It is important to note tttat the driveway, if developed; would
essentially eliminate any future development on Mr. Burleson's parcel.
3. The tyMAg would chawel drain ge to Buck Creek in a manner inconsistent with natural rainngt,
pattu't•�L .
Please call with any questions, Thank you for your time and consideration.
' -y
Ronald Marmon
TYawdhed AdY hLstrator
Attachments.
co: Charles Burleson
Chuck Abernathy
136b Boyette, City of INkron
Steve Zoufaly, Divisicn of Water Quality
Ken M®Fadyen
Pag,2of.2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C�}.cto_13er 29, 20,W a
Mr. Ken McFadyen
Assistant Manager
McDowell County
60 East Court Street
Marion, North Carolina 28752
Dear. Mr. McFadyen:
Alan W. Klimek, P.E. Director
Division of Water Quality
OCT 0 Me
Thank you for your recent inquiry (FAX dated October 28, 2002) regarding Mr. Van Boyd's property
adjacent to Buck Creek in McDowell County. I hope the following addresses your questions:
I understand that the subject property naturally drained to Buck Creek, immediately upstream of the
City of Marion's water supply intake, but the topography was altered by construction of an earthen
berm. The berm thus altered the stormwater drainage such that stormwater runoff from the property
now enters downstream of the intake. Although the State's Water Supply Watershed Protection.
(WSWP) rules do not prevent this type of -alteration in order to avoid compliance with drinking water
supply protection, we discourage and recommend against this practice. My feeling is that this type of
activity is not within the keeping of the spirit and intent of the WSWP rules, or the Water Supply
Watershed Protection Act. If the stormwater drainage direction of flow is altered again so that
stormwater runoff from the property flows into .Buck Creek above the City's water supply intake, the
property is once again part of the Buck Creek WS-II water supply watershed. Thus, it must conform to
the County's land use ordinance, including the WSWP requirements. Cutting through the berm is
likely to alter the natural stormwater flow direction once again and should be discouraged. Also, it
appears from my reading of the County Planning Board's October 1995 meeting minutes, cutting
through the berm would violate the agreement of.having the berm along with maintaining 20 feet of
setback from the berm. Please note that there must be a minimum 30 feet vegetated buffer on both
sides of Buck Creek. No new development (i.e., impervious surface area) is allowed in this buffer.
For clarification, local governments are not required to count "existing development" [15A NCAC 2B
.0202(29)] when calculating the built -upon surface area (impervious surface) for expansions of
projects. Basically, this means projects that were built or received official local approval to proceed
prior to the effective date of your WSWP ordinance. I've included an example that I hope is useful to
you.
The WSWP rules, and probably your WSWP ordinance states, "Stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum extent practicable."
The basis for this is that by directing stormwater runoff across grassed areas rather than culverting
the runoff towards or directly into, a stream allows pollutants in the runoff to be filtered out.
Acb'EN
N. C. Division of water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Page Two
Mr. McFadyen
October 29, 2002
Grassed areas are fine, but.naturally forested -areas do a better job filtering pollutants. In addition,
spreading the runoff across vegetated areas rather than directing it into a stream can minimize
downstream flooding.
As an aside, I note and concur with a Planning Board member's concern expressed in the October
1995 meeting rr pu'tes over septic tanks located so close to Buck Creek. This may be of special
concern considering the very close proximity to the drinking water supply intake in Buck Creek.
Contamination of the drinking water from both surface and groundwater could have very serious
implications. I encourage and commend McDowell County staff for your efforts to protect one of your
most vital natural resources.
If you have any questions or if I may be of assistance, please contact me at 919-733-5083, extension
566.
Attachment (expansion example)
C: Forrest Westall

Calculating Development Expansions
in Water Supply Watersheds
Example: A 5-acre site in a WS-III Balance of the Watershed (BW) with one acre of built upon
area (BUA). How much of the remaining tract can be built upon?
I. Low Density Development Option
New Development
Total project area = 5 acres
WS-III BW Low Density = 24% BUA
Total BUA before expansion = 1 acre
Total allowable BUA (24% x 5 acres) = 1.2 acres
Allowable expansion (1.2 acres —1 acre) = 0.2 acres
Total BUA due to expansion (1 acre + 0.2 acres) = 1.2 acres
II. High Density Development Option
New Development
Total project area = 5 acres
WS-III BW High Density = 50% BUA (max. allowed)
Total BUA before expansion = 1 acre
Total allowable BUA (50% x 5 acres) = 2.5 acres
Allowable expansion (2.5 acres —1 acres) = 1.5 acres
Total BUA due to expansion(s) (1 ac. + 1.5 ac.) = 2.5 ac.
Existing Development
Total project area = 5 acres
WS-III BW Low Density = 24% BUA
Existing BUA = 1 acre
Undeveloped area = 5 acres = 1 acre = 4 acres
Allowable expansion (24 % x 4 acres) = 0.96 acres
Total BUA due to expansion (1 ac. + 0.96 ac.) =1.96 ac.
Existing Development
Total project area = 5 acres
WS-III BW High Density = 50% BUA (max. allowed)
Existing BUA = 1 acre
Undeveloped area = 5 acres — 1 acre = 4 acres
Allowable expansion (50% x 4 acres) = 2.0 acres .
Total BUA after.expansion = 3.0 acres
(Continued on back)

IH.10/70 % Development Option
New Development
Total project area = 5 acres
Total BUA before expansion = 1 acre
Total allowable BUA (70% x 5 acres) = 3.5 acres
Allowable expansion (3.5 acres —1 acre) = 2.5 acres
Total BUA due to expansion (1 ac. + 2.5 ac.) = 3.5 acres
Notes
• Existing Development: original development
constructed before the water supply watershed
protection requirements were adopted by the local
government.
• New Development: original development constructed
after the water supply protection requirements were
adopted by the local government.
10/70% Option: 10% of each local government's
jurisdiction within the watershed can be used for
new development at up to 70% BUA. However, if a
local government allows the use of the High Density
option then, stormwater control devices are required
for development using the 10/70% option. Local
governments opting for High Density development
in WS-IV water supplies are not allowed to use the
10/70% option.
Buffers and on -site stormwater control devices, such
as wet detention basins (for High Density
development), need to be considered when siting the
development.
• Redevelopment is allowed if the rebuilding does not
have a net increase in built -upon area (BUA) or
provides equal or greater stormwater control than the
previous development.
Existing Development
Total project area = 5 acres
Existing BUA = 1 acre
Undeveloped area = 5 acres — 1 acre = 4 acres
Allowable expansion (70 % x 4 acres) = 2,8 acres
Total BUA after expansion (1 ac. + 2.8 ac.) = 3.8 acres
3/22/00

OCT 28 '0E 62o49PM MCDOWELL COUNTY P.?
To: Steve Zoufaly
Front: Kbn Mel"adyen
Ronald Harmon
Subject: Watershed Ordinance
Date: October 28, 2002
Mr. Van Boyd has requested 3 things that relate to the watershed ordinance. This is
in regards to his property adjacent to Buck Creek, parcel # 0792-20-8295. Mr. Boyd
has already begun work on the berm.
1. Mr. Boyd wants to pave a driveway over the berm that separates his property
from Buck Creek.
2. Mr. Boyd wants to pave the driveway on the Burleson property. (0792-20.4490)
3. Mr. Boyd wants to file 2 culverts along this driveway.
The county's responses to these questions were as follows:
1. No, to paving the driveway over the berm. This would alter the drainage pattern
and perhaps change the viatershed boundary. The portion of the berm that M. n.
Boyd wants to pave ove-e happens to be the lowest point along the berm.
(Reference the map anciosed to see this area.)The minutes from the October
1995 Planning Board meeting, include it 20-foot setback from the berm.
2. We did inform Mr. Boyd that he could pave on the Burleson property as long as
it doesnOt take up more than 6% of the property. The Burleson property is
approximately 1.67 acres There are 2 mobile homes on the Burleson proper.
Both mobile homes are approximately 12z60 for a total area of 1440 square feet.
Mr. Boyd may need as mush as 400 feet for the length of the driveway. With this
bt mind if you caiculate a driveway 10 feet w14e times the remaining square
footage of 2916, he does not have the area to do this.
Mr. Boyd says_ that the 2 mobile homes should not be counted in the density
requirements. Mr.Boyd fe-els that these mobile homes should be grandfatherd in,
but neither is. If the mobile homes are not itteluded in calculating the 6% deusitiy
thresh°, then Mr. Boyd may have enough available area to pave the driveway.
Th,e driveway appears to be 50 feet from Buck Creek, which is beyond the 20-
foot buffer. We have digeussed with Mr. Boyd that this is a matter of
interpretation of the d% density as whether it includes the two existing mobile
homes.
1. Mr. Boyd wants to file two culverts along this driveway. We contacted you on

OCT •'S 'bT- 02:50PM MCDOWELL COUNTY
10/24/02 to ask your thoughts on tiling this area. You stated it wasn't a good
idea, and that it coao� the watershed.
We would like for you to give us a written decision about this situatiQu;
Thank you Mr. 7ouf2ly for your time and we look forward to hearing from you.
Xf we can be of further a, 4stanse please don't hesitate to contact either Ken or
myself.

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ENR-ENVIRONMENTAL MANAGEMENT TI5A: 02B .0200
'i
15A NCAC 02B .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II
WATERS
The following water quality standards apply to surface waters within water supply watersheds that are classified WS-II. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-II waters.
(1) Best Usage of Waters. Source 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 and
any best usage specified for Class C waters.
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are in
predominantly undeveloped watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges
which qualify for a General Permit pursuant to 15A NCAC 211.0127, trout farm discharges, recycle (closed
loop) systems that only discharge in response to 10-year storm events and other stormwater discharges are
allowed in the entire watershed; new domestic and industrial discharges of treated wastewater are not
allowed in the entire watershed; the waters, following treatment required by the Division of Environmental
Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary,
and food -processing purposes which are specified in the national drinking water regulations and in the
North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500; sources ofwater pollution
which preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard. The Class WS-11 classification may be used to protect portions of Class
WS-III and WS-IV water supplies. For reclassifications of these portions of Class WS-III and WS-IV
water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification
requested by local governments shall be considered by the Commission when all local governments having
jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect the
watershed or the Commission acts to protect a watershed when one or more local governments has failed
to adopt necessary protection measures. .
(3) Quality Standards Applicable to Class WS-II Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in either Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall
have an adverse effect on human health or which are not effectively treated to the satisfaction of
the Commission and in accordance with the requirements of the Division of Environmental
Health, North Carolina Department of Environment, Health, and Natural Resources; any
discharger maybe required upon request by the Commission to disclose all chemical constituents
present or potentially present in their wastes and chemicals which could be spilled or be present
in runoff from their facility which may have an adverse impact on downstream water quality;
these facilities may be required to have spill and treatment failure control plans as well as perform
special monitoring for toxic substances;
(b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as a water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed:
(A) Low Density Option: Development density must be limited to either no more
than one dwelling unit per acre of single family detached residential
development (or 40,000 square foot lot excluding roadway right-of-way) or 12
percent built -upon area for all other residential and non-residential
development in the watershed outside of the critical area; Stormwater runoff
from the development shall be transported by vegetated conveyances to the
maximum extent practicable;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub -Item (3)(b)(i)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development shall not exceed 30
percent built -upon area;
(C) Land within the watershed shall be deemed compliant with the density
requirements if the following condition is met: The density of all existing
NORTH CAROLINA ADMINISTRATIVE .CODE •Eff January 12002 Page 26

ENR -EN VIR ONMENTAL MANAGEMENT , TI5A: 02B .0200
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area
at the time of classification;
(D) Cluster development is allowed on a project -by -project basis as follows:
(I) ' overall density of the project meets associated density or stormwater
control requirements of this Section;
(II) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built -upon areas are designed and located to minimize stormwater
runoff impact to the receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated
areas; and maximize the flow length through vegetated areas;
(IV) areas of concentrated development are located in upland areas and
away, to the maximum extent practicable, from surface waters and
drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association; a local government for preservation as a park or
greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed
outside of the critical area as delineated on July 1, 1993 may be developed with
new development projects and expansions of existing development of up to 70
percent built -upon surface area in addition to the new development approved
in compliance with the appropriate requirements of Sub -Item (3)(b)(i)(A) or
Sub -Item (3)(b)(i)(B) of this Rule. For expansions to existing development, the
existing built -upon surface area is not counted toward the allowed 70 percent
built -upon surface area. A local government having jurisdiction within the
watershed may transfer, in whole or in part, its right to the 10 percent/70
percent land area to another local government within the watershed upon
submittal of a joint resolution and review by the Commission. When the water
supply watershed is composed of public lands, such as National Forest land,
local governments may count the public land acreage within the watershed
outside of the critical area in calculating the acreage allowed under this
provision. For local governments that do not choose to use the high density
option in that WS-II watershed, each project must, to the maximum extent
practicable, minimize built -upon surface area, direct stormwater runoff away
from surface waters and incorporate best management practices to minimize
water quality impacts; if the local government selects the high density
development option within that WS-II watershed, then engineered stormwater
controls must be employed for the new development;
(F) If local governments choose the high density development option which
requires stormwater controls, then they shall assume ultimate responsibility for
operation and maintenance of the required controls as outlined in Rule .0104
of this Subchapter;
(G) Minimum 100 foot vegetative buffer is required for all new development
activities that exceed the low density option requirements as specified in
Sub -Items (3)(b)(i)(A) and Sub -Item (3)(b)(ii)(A) of this Rule; otherwise a
minimum 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
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2002 Paee 27

e
ENR ENVIRONMENTAL MANAGEMENT. T15A: 0213.0200
(7.5 minute) scale topographic maps or as determined by local government
studies; nothing in this Section shall stand as a bar to desirable artificial
streambank or shoreline stabilization;
(H) No new development is allowed in the buffer; water dependent structures, or
other structures such as flag poles, signs and security lights, which result in
only diminimus increases in impervious area and public projects such as road
crossings and greenways may be allowed where no practicable alternative
exists; these activities shall minimize built -upon surface area, direct runoff
away from the surface waters and maximize the utilization of BMPs;
(I) No NPDES permits shall be issued for landfills that discharge treated leachate;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: New development is limited to either no more than one
dwelling unit of single family detached residential development per two acres
(or 80,000 square foot lot excluding roadway right-of-way) or six percent
built -upon area for all other residential and non-residential development;
Stormwater runoff from the development shall be transported by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: If new development density exceeds the low density
requirements specified in Sub -Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall; new residential and non-residential development density not to exceed
24 percent built -upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils are allowed;
(D) No new landfills are allowed;
(c) Odor producing substances contained in sewage or other wastes: only such amounts, whether
alone or in combination with other substances or wastes, as will not cause: taste and odor
difficulties in water supplies which cannot be corrected by treatment, impair the palatability of
fish, or have a deleterious effect upon any best usage established for waters of this class;
(d) Phenolic compounds: not greater than 1.0 ug/1(phenols) to protect water supplies from taste and
odor problems from chlorinated phenols;
(e) Total hardness: not greater than 100 mg/l as calcium carbonate;
(f) Total dissolved solids: not greater than 500 mg/l;
(g) Toxic and other deleterious substances:
G) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non -carcinogens in Class
WS-II waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Manganese: 200 ug/l;
(D) Nickel: 25 ug/l;
(E) Nitrate nitrogen: 10 mg/l;
(F) 2,4-D: 100 ug/l;
(G) 2,4,5-TP: 10 ug/l;
(H) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-1I
waters:
(A) Beryllium: 6.8 ng/l;
(B) Benzene: 1.19 ug/l;
(C) Carbon tetrachloride: 0.254 ug/l;
(D) Chlorinated benzenes: 488 ug/l;
(E) Dioxin: 0.000013 ng/l;
(F) Hexachlorobutadiene: 0.445 ug/l;
(G) • Polynuclear aromatic hydrocarbons: 2.8 ng/l;
NORTH CAROLINA ADMINISTRATIVE CODE Eff: JanuaiT l 2002 Page 28

ENR=ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
(H)
Tetrachloroethane (1,1,2,2): 0.172 ug/1;
(I)
Tetrachloroethylene: 0.8 ug/l;
(J)
Trichloroethylene: 3.08 ug/l;
(K)
Vinyl Chloride: 2 ug/l;
(L)
Aldrin: 0.127 ng/l;
(M)
Chlordane: 0.575 ng/l;
(N)
DDT: 0.588 ng/1;
(0)
Dieldrin: 0.135 ng/1;
(P)
Heptachlor: 0.208 ng/l.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
E1j`.' May 10, 1979;
Amended Eff. January 1, 1996, October 1, 1995.
15A NCAC 02H .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III
WATERS
The following water quality standards apply to surface water supply waters that are classified WS-III. Water quality standards
applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-III waters.
(1) Best Usage of Waters. Source 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 and any other best usage
specified for Class C waters;
(2) Conditions Related to Best Usage. Waters of this class are protected as water supplies which are generally
in low to moderately developed watersheds and meet average watershed development density levels as
specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges that
qualify for a General Permit pursuant to 15A NCAC 211.0127, trout farm discharges, recycle (closed loop)
systems that only discharge in response to 10-year storm events, and other stormwater discharges are
allowed in the entire watershed; treated domestic wastewater discharges are allowed in the entire watershed
but no new domestic wastewater discharges are allowed in the critical area; no new industrial wastewater
discharges except non -process industrial discharges are allowed in the entire watershed; the waters,
following treatment required by the Division of Environmental Health, shall meet the Maximum
Contaminant Level concentrations considered safe for drinking, culinary, or food -processing purposes
which are specified in the national drinking water regulations and in the North Carolina Rules Governing
Public Water Supplies, 15A NCAC 18C .1500; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water quality standard; the
Class WS-III classification may be used to protect portions of Class WS-IV water supplies. For
reclassifications of these portions of 7JVS-IV water supplies occurring after the July 1, 1992 statewide
reclassification, the more protective classification requested by local governments shall be considered by
the Commission when all local governments having jurisdiction in the affected area(s) have adopted a
resolution and the appropriate ordinances to protect the watershed or the Commission acts to protect a
watershed when one or more local governments has failed to adopt necessary protection measures.
(3) Quality Standards Applicable to Class WS-III Waters:
(a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none except for those
specified in Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall have
an adverse effect on human health or which are not effectively treated to the satisfaction of the
Commission and in accordance with the requirements of the Division of Environmental Health,
North Carolina Department of Environment, Health, and Natural Resources; any discharger may
be required by the Commission to disclose all chemical constituents present or potentially present
in their wastes and chemicals which could be spilled or be present in runoff from their facility
which may have an adverse impact on downstream water quality; these facilities may be required
to have spill and treatment failure control plans as well as perform special monitoring for Toxic
substances;
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1. 2002___ __ _PaF_e 29

GCT ' 02 02 : SBPN MCI:OW,=':__ .-':")LiN j •Y
K L
U.'LOUNTY 10 East Court Strut • Marion, North Carolina 28752 d, (704.1) 8-2-72
Jo:: Hall a.-nd Van Boyd
P.0, Box 1122
_arian, North Carolina 28752
Dear .toe and Van:
On January 26, I received your site plan for the proposed trailer park near Highway 70 slong
Buck Creek. It was agreed dwin#r :he Pianuing Board meeting on October 24, 1995 that 11-he silt6
plan would be approved by the `watershed Administrator. It was also agreed that the berm
separating the proposed trailer park from Buck Creek was not to be disturbed, The site plan thax
you submitted depicts a road rune-ing across the berm. Taking this into consideration, I feel that It
is, hest that the Plan`riing Board rn?"_e the firfal decision on approval of the site plan.
The naxt Planning Board Meeting is scheduled for February 20, at 9:00 in -the Commissioners
Board Room. If you feel that tbis meeting is not soon enough we are willing to call a special
neeting on your behalf
�' JU�
'
Assistant to the County Manag*ar
C; McDowell County Plop. hig Board
Charles Abernathy, Count, Manager
0

OCT rU '02 02: 5.1PM MCDOWELL 1--:0UNTY
lVicDowell County Planning Boa_ d
Minutes
Octah er 24, 1995
sw Mcpowell County PlanningBoard met in the Commissioner's Board Room at 9:00 on
October 24, 1995
The Tollowing Board migitbtt'g present:
Latry Brown, Chairman
Roger Andrews
Dori Anderson
'Jayne McIntosh
�Yjrtc'h Gillespie
Kelly Pipes, staff
Others in Attendance:
Van Boyd, Developer
Joe Hall, Developer
Call to Order
Chairman Larry Brown called the greeting to order. The ubinutos of the previous meeting wer y
reviewed by the Planning Board and were accepted as presented.
Buck Creep Watershed RitvaeW Recommendations
n. ( first item of disewsion was mcommendationa regarding apiece of property 100eiMd 17e-&' ?hv
Citrr of Marion water intake and the location of the watershed boundary.
Mt, Brown began by asking the Board Members to reread the letter from Steve Zoufaly with th-e
North Carolina Department of Environmental Health and Natural Resources, Division of
Environmental Managemear. Mr. Srown stated that it was important for the board to procoy
common understaitdiq of the si-mtion. Nfr. Brown recognized Mr. Tian Boyd sad doe
Hall. They stated that they only vianted to be able to be able to use their property and drat 'dr
ro way wanted to jeopardize the cities water supply.
Mitch Gillespie then expressed b � s cohoerns that the berm in the northern area of the properttf
guilt up, that the wider areas of the berm be narrowed, that the septic tanks be set bah. gn _fY,-
�ih-e prowrty owners adhere to a voluntary setback from the watershed. Larry Brown exprzss�M1?
his concern that the property owners should maintain the berm. Mr. Boyd and Mr. Fall ,rated

GCT 28 'Eta 02:51Pf1 f'1CDG4;ELL (;:)IJf9T''' P.
-that they would be comfortable with a twenty foot setback.
Larry Brown made the motion that the Planning Board preliminarily approve the survey by
.�dy Ropper as delineatirt_� t _- ,:.iatershed boundary and grant final approval of th `jute
boundary upon endorsement of a sire plan by the Watershed Administrator, the building up of rye
6in -the northern edge of -the Property and conformation to a twenty foot setback. The met
F,lmn ier
.;vas sccohdr d by Don Anderson s..nd passed by a umimous vote.
Watershed Ordinance Changes
Kolty Pipes asked the board -for some direction regarding flexibility changes which were recent_',
allowed by the General Assembly. The consensus of the board was to present copies Of the nev,
model ordinance to the boa>rc' at the next meeting for review.
pd_�te on Lake James Study
Mitch Gillespie provided the Plan wing Board with an update on the Burke/McDowell Lakd James
S_udy. Mr. Cillespie stated that the Committee had recently discussed ideas for a possible
setback ordinance from the edge of the lake. ideas ranged from a publicly owned greenway
around the edge of the lake to a fi.-�.y foot setback with some regulations on the amount of
v..gemdon left. He stated that W •olpert was going to try to draft a setback proposal for the
committee for the next meeting. He also stated that the final recommendations would bW
presented to both Hoards of Commissioners and the Planning Board by early December.
Other Updates and Communic-ations
Kelly Pipes provided an update o = the Armstrong Creek Floodplain Review. He sta od
r .si endatlon had been ssv s on to -the, County Commissioners and that a letter had beense-r
to the Federal Emergency Management Association asking for a review of the floodplain,
Planning Board agreed that a letter should be, sent to Shirley Washburn indicating that a letter had
been sent and that the citizens of that area should be patient, that a. review will tape some tiy+e.
Kelly y Pipos also provided an update on the Planning Board surveys, indicating that a love
of su;^vey s had been rett3rr_oa. ri1�W Board directed the staff to do an additional malEhig of 500
surveys.
Clcsl~2g Comments
Mitch Gillespie stated that th ere were citizens in the River Bend subdivision who were u^o£et t
t~10 possibility of mobile harmers 1 eing placed there and he sdded that this may bring siMr_e
for land use controls. Mr. Brown closed the meeting directing the staff to send a letter to Joe
Hall and flan Boyd regarding the action by the Planning Board.

OCT S-IL 02; 52I N MCDOWELL COUNT
ARTICLE 0.'0, DEVELOPMENT REGULATIONS
Secdoxz 301. Establishment of Wt atyrshed Areas.
The purpose of this Article is to l;st 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-U-CA (Critical Area)
WS-11-PW (8; :once of Watershed)
WS-IV-PA. (Prot`cted Area)
302. Watershed Arcas, Described.
r . ;_
(.A) WS-I Watershed Areas (Idrlackey Creek and Clear Creek), The intent -is to provide
na imum protection for water supple§ within natural and undeveloped watersheds in public
o z,rge-rsk ip by allowing only low intensity uses. No.residential or nan-residential uses are a3lowe'
except those listed below_ In-ipa.cts from non -point source pollution shall be minimized.
(1) Allowed Ylses:
(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 oz the Soil and Water Conservation Commission. ,
(b) Silviculture, subject to the provisions of the ,Forest Practices Guidelines
Related to Water Quality (15 NCAC 11.6101-.0209).
(o) Water Y%, fthdfawAlT, treatm,-nt and distribution facilities,
(d) Restricted r oad 'access.
(e) power transmission lines.
(2) 'Density and built -upon rea limits rdo not apply.
WS-1I Watershed areas (Huck Creek) ,Critical Area (WS-E-CA). In order to
mmntaln a predominately undeveloped land use intensity pgtern, single family residential uses
sh-all be .allowed at a maximum of one dwelling unit per ctacres, All other residential and non-
residowdal development shall be allowed at a maximum six percent (&%) built-ugoaa ,are ,
residuals application sites and landnl_ls are specifically prohibited.
7

`S y _
CCT 28 ' 02 Lt�: 52PN P"CDOsl=! L _ OUNTY
(1) Allowed Uses:
(a) AgricultuT e subject to the provisions of the Food Security Act of 19085 and th
Food, Agriculture..... Conservation and Trade Act of 1990 and the rules and
regulations of the Sail and Water Conservation Commission.
(b) SilvicultL4rc9 siloject to the provisions of the Forest Practices Cuidelints
Related to Watee Quality. (15 NCAC 1I.6101-.0209).
(c) ResidentlAi de��elapmei t`.�
(d) Non,residanti:1 development, excluding' 1) iandhlls and 2) sites for lend
application of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Sine PAmily.Residential,--development shall not exceed one dwelling urea per
two (2) acres on a projeci by project basis, No -residential lot shall be less than.
two (2) acres (or 80,000 square feet excluding roadway right-of-way), m; cept•
within aiR approved cluster development.
(b) AJI Other Residential and Non-Residential--d eve]opment shall not exceed 6i'M
peteent (6%) built -upon Arta on a project by project basis, For the p =+rpose o
calculating built -upon araa, total project area shall include total acreage in the ?r?rrc
onwhich the ^rojoct is to be developed.
(C) WS-Ii Watershed Area (Buck Greek) - Balance of Watershed (WS-II-B) rO, Iri
order to maintain a predominantly undeveloped land use intensity, single family residential uses
stall be allowed at a maximunn of ;one dwelling unit per acre 0 du/ac). All other residential i:nd
no+f Easidential development sl all be a-IL6 d a maximum of twelve percent (12%) built -upon
area, In addition, new developme 1t may o'ccupy ten percent (10%) of the watershed tires �.�rl��h i
m tsidle the critical area, with sevtnty percent (70%) built -upon area when approved, as a spccial
Intensity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consist.i�nt
view tha. provisions of this ordinal,te. Projects must, to the maximum extent nracucable, an' _v
built -upon surface area, direct stor'��water away from surface waters and incorporr,.tl- Bast
l;l �i:$�! Y11$rli Practices to Mimi riize eater quality impacts. Non -discharging landfills and r Wsl-'1 ( 1s.
application sites are allowed. _
(1) Allowed Uses,
(a) Agriculture, subject to the, prwnSIon4' 0*f the Fbod Security Ant of 1985 Ln6
the Food, �griculwral, Conservation ai d-.trade Act of 1990.
(b) Silviculture, subject to the provisions 'of the Forest Practices Quidelines
kelated to Water Qu. Llity (15 .NCAC 11,6101-.0209).
LIS

OCT 8 'OZ OR:53PM MCDOWELL COUNTY P. 1•.
i
e^_tion 304. But'fer Areas Regt;iY�:d.
(A) A minimum thirty (30) foot vegetative buffer for development activities is required
Lon, s-1 perennial waters indicated o the most recent versions of U.S.G.S. 1:24,000 (7.5
yc�ie tovograpbic reaps or as determined by local government studies. Desirable ardncial
traMbank or shoreline stabilization i5 permitted.
() No new development is 01c:ved is the buffer except for Water dependent
o- her structures such as flag poles, signs and security lights which result in only diminutive
b�creas s in, impervious area and publ: projeOt;.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 ma - mite the utilization of stormwater Best Management
�a�tices.
ck!tic n 305. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
IN2:tershed Map, the following zules shall apply:
(A) There area boundaries are indicated as approximately following either stree,, ?.'dey,
r:3 Load 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 Tines, such lot
Y n"Es snail be construed to be said bou,-ndaries. However, a surveyed plat prepared by a rugist=red
land sul"Veyor may be submitted to the County as evidence that one or more properties along
il.es boundaries do clot lie within the ;,latersbed area.
(C) Where the watershed area boundaries lie at a scaled distance more tha.c twenty-r7ve
(2)S) feet from any parallel lot Iine;'the locationof watershed area. bouridades shall be deterritiried
' y use oz zhe scale appearing on the viatershed.rRap.
(D) V&ere the watershed area boundaries lie at a scaled distance of twenty-five (25) "e1
lead f: cam any parallel Tot Tine, the location of watershed area boundaries shall be construed to
be the lot line.
kO Where Qtber uncertainty-�,.ists, the Watershed Administrator shall interpret the
L.rfY�:twsvd Map aS to location of such :�aundarigs. This decision may be appealed to the
Wecershed Re -view Board. ,
Section 306. Application of Regulatious.
1
(Ak) No building or land shay_ hereafter be used and'bo development shall take puce
-wept hA comorzruty with the regulations herein specified for the watershed area in which t is
11

CITY OF MARION
P.O. Drawer 700
Marion, North Carolina 28752
September 5, 1995
Steve Tedder, Chief
Qua 1ityVection
-DEN
Office Box 29535
gh, North Carolina
Steve:
27626-0535
CSc,r�f�
�s been brought to my attention that plans are being made
he development of a mobile home park or mobile home
!s for up to 100 mobile homes on property adjacent to the
in Public Raw Water System Pump Station on Buck Creek.
I also understand that the maps prepared showing the
Watershed Protection Areas are incorrect, in that the City's
Pump Station is not located in the right area on the maps. .
I attended a meeting at the McDowell County Administration
Building last week about this matter. Forest Westall was at
the meeting and can furnish you with the necessary
information about this proposed project.
There are two concerns: 1) The possibility of ground water
run-off and septic tank seepage above our intake. 2) The
planned use of private wells and septic tanks to serve such a
large development.
As you are aware some proposed regulations may require that
in the future some entity may be required to -take over this
proposed private water/sewer system.
If that be true, in my opinion, the project should.be
developed in the same manner as would be required for a
public project of the same type.
Since this area is outside the City's jurisdiction, we have
no authority and can only bring it to your attention.
Please advise if any other action can be taken.
Thank you for your attention to this mattP,x�.
cc: Mayor/Council
Charles Abernathy,
files
Sincer"ly,
J. Earl Daniels
City Manager
County Manager
SEP l 4
OFFICE OF THE
CITY MANAGER