Jackson Co. Water Supply Watershed

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Michael F. Easley, Governor
r William G. Ross Jr., Secretary
-� North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
17ivision .of Water Quality
June 9, 2008
Linda Cable
Planning Director
Jackson County
401 Grindstaff Cove Rd — Suite.A258
Sylva, NC 28779
Subject: Jackson County Watershed Protection Compliance Evaluation
Dear Ms. Cable:
E V E 4. V
E D
J U N 1 1 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Thank you for arranging to have Erosion Control Officer Robert Shelton meet with DWQ staff on
April 23, 2008 to discuss Jackson County's Water Supply Watershed Protection (WSWP)
Program. This letter provides a summary of our discussion and lists program strengths as well as
non-compliance issues that must be addressed by your'office.
DWQ's review of the county's program revealed the following:
1. Administrators. The current acting watershed administrator is Robert Shelton. The
county's watershed protection ordinance was recently amended to designate staff in the
Planning Office to oversee subdivision permitting.
2. Surface Water Classifications. Jackson County has five water supply watersheds within its
jurisdiction as follows: Tuckasegee River (WS-III), Fisher Creek (WS-I), UT to Fisher
Creek (WS-I), UT to Dills Creek (WS-I), Indian Creek (WS-II). There are also several
HQW and ORW areas, mostly within the southern and eastern parts of the county. Except
for the Tuckasegee watershed, most of the WS watersheds are within the Cherokee
reservation.
3. Watershed Ordinance. Jackson County's watershed protection rules are contained in its
Watershed Protection Ordinance (http://planning.jacksonnc.org/html/ordinances.html).
4. Website and Mapping. Jackson County has a dedicated mapping department. The
county's watershed map is not currently online. While not required, DWQ recommends
that the map be made available online. Also, it is recommended that the county's
watershed map include the HQW/ORW features (http://www.nconemap.com). The county
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Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]C1,i��
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
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Jackson County
Page 2 of 3
June 9, 2008
has a number of helpful brochures on its website such as a development checklist and
`Who Regulates What'.
5. Low -Density vs. High -Density Option. Jackson County has a low -density development
ordinance for all of its watershed areas. Standards and restrictions for density and built -
upon area are contained in Article 300 of its watershed protection ordinance.
6. 10/70 Provision. Jackson County's watershed protection ordinance includes a 10/70
provision for the WS-II-BW and WS-III-BW watershed areas. County staff was aware of
three applications for 10/70 Special Intensity Allocation (SIA), but none of these have
been built.
• DWQ recommends that the county develop an accounting system to track
future use of its SIA in each watershed. as required in Section 501 (D) of the
county's ordinance.
7. Buffer Requirements. Jackson County requires vegetative buffers for development
activities along all streams and impoundments that are shown on USGS topographic maps
or are determined to be flowing most of the year. This is substantially more restrictive
than what is required by the EMC's rules. Vegetative buffers of 30-feet are required for
low -density development and 50-feet for projects approved under the SIA provision.
Please be advised that all projects approved under the SIA provision must be buffered as
high -density projects with 100-foot vegetative buffers.
• Sections 304 and 311 of the county's watershed ordinance must be amended
to increase the required SIA buffer from 50 feet to 100 feet.
8. Variances. ' The county's variance process is detailed in Section 501. of its watershed
ordinance. Minor variances are reviewed and authorized by the county's Watershed
Review Board. Major variances are heard first by the Watershed Review Board, then sent
to the EMC for review. It is unclear whether the county consistently follows the variance
procedures outlined in Section 501 by taking the variances for review before its Board.
Staff indicated that a variance to the buffer requirement has been approved, but that it did
not go through the Review Board.
• DWQ strongly recommends that county staff review these procedures,
including the definitions of "major" and "minor" variances, and ensure that
future variance applications are processed accordingly.
9. Enforcement. The county currently addresses WS violations informally and indicates that
this method has been successful to date. The county is unaware of any major violations in

Jackson County
Page 3 of 3
June 9, 2008
the past; however, it has addressed buffer violations through personal visits, inspection
reports and NOVs.
10. Permits. Where appropriate, the county withholds issuance of building permits until a
project has been reviewed for compliance with the watershed protection ordinance. Staff
use a checklist for reviewing projects for compliance with watershed protection and
erosion control requirements.
11. File Review. A file review indicated that Jackson County's files were complete and
available for review. A review of the county's Watershed Protection Ordinance confirmed
that it is complete and in compliance with the Environmental Management's minimum
requirements outlined in NC Administrative Code 15A NCAC 2B .0200 except as noted
above under `Buffer Requirements.'
Please provide DWQ a written description of how Jackson County will respond to the issues
detailed in this letter by July 3, 2008. Mail this information to the attention of Julie Ventaloro at
DWQ, Wetlands and Stormwater Branch, 1617 Mail Service Center, Raleigh, NC 27604 and to
Starr Silvis' attention at DWQ, 2090 U.S. Highway 70, Swannanoa, NC 28778.
Thank you for your cooperation and assistance in this program evaluation. Your efforts to protect
North Carolina's natural resources are greatly appreciated. Please feel free to contact me at (919)
733-5083 ext. 530 or Starr Silvis at 828-296-4500 if you have any questions.
Sincerely,
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Julie Ventaloro
NPS Assistance & Compliance Unit
cc: Starr Silvis, Asheville Regional Office, DWQ
DWQ Central Files
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