WSMU_MARI_WSWP Other Info_20210405

David Walker, Chairman
Barry McPeters, Vice Chairman
Randy HoIlifield, Commissioner
Tony Brown, Commissioner
Matthew Crawford, Commissioner
Charles R. Abernathy
County Manager
Carrie Padgett
Clerk to the Board
Donald Fred Coats
County Attorney
McDowell County
64 East Court Street • Marion, North Carolina 28752
Telephone: [phone] • Fax: [phone] • Website: www.mcdowellgov.com
A RESOULTION TO TRANSFER RIGHTS FOR 10/70 LAND AREA IN THE
LAKE JAMES WATERSHED TO THE
CITY OF MARION, NORTH CAROLINA FROM
MCDOWELL COUNTY, NORTH CAROLINA
WHEREAS, McDowell County is currently seeking to reclassify Lake James as a WS-IV
classification, and
WHEREAS, McDowell County and the City of Marion have jurisdiction in the Lake
James Watershed, which is classified as a WS-V watershed by the North Carolina
Environmental Management Commission; and
WHEREAS, the Lake James watershed contains a total of 183,312 acres of which
122,707 are privately owned and the balance is located in the federally protected Pisgah
National Forest of which 95 acres is located in the critical area; and
WHEREAS, approximately 1,662 total acres is located in the City of Marion jurisdiction
and 181,650 acres is located in the McDowell County jurisdiction; and
WHEREAS, the 10/70 provision allows local governments to take a maximum of 10
percent of their jurisdiction in the watershed, including public land located outside of the
critical area, and allow new development at up to 70 percent built -upon area, outside of
the critical watershed area; and
WHEREAS, ten percent of the City of Marion jurisdiction within the watershed is 166
acres and 18,165 acres in McDowell County jurisdiction; and
WHEREAS, pursuant to the Water Supply Watershed Protection Rules (ISA NCAC 2B
.0200) developed by the North Carolina Environmental Management Commission,
McDowell County may transfer, in whole or in part, its rights to the 10/70 acreage to the
City of Marion within the Lake James Watershed; and
WHEREAS, the City of Marion typically requires a greater built -upon area based on the
nature of urban development.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners of McDowell County,
"Great History, Exciting Future"

North Carolina, hereby transfer to the City of Marion, North Carolina, 10/70
development rights for 4,834 acres located in the Lake James Watershed.
FURTHERMORE, following the transfer of the 10/70 development rights, by the
adoption of this Resolution, McDowell County will have 13,331 acres available for 10/70
development within its jurisdiction, and the City of P"��;^^ �� ;11 "���� �'^'nl ^P c nnn
acres available for 10/70 development in the Lake J,
Adopted this the 9'4 day of February, 2015.
David N. Walker
Chairman

A RESOULTION TO TRANSFER RIGHTS FOR 10/70 LAND AREA IN THE LAKE
JAMES WATERSHED TO THE CITY OF MARION, NORTH CAROLINA FROM
MCDOWELL COUNTY, NORTH CAROLINA
WHEREAS, McDowell County is currently seeking to reclassify Lake James as a WS IV
classification, and
WHEREAS, McDowell County and the City of Marion have jurisdiction in the Lake James
Watershed, which is classified as a WS-V watershed by the North Carolina Environmental
Management Commission; and
WHEREAS, the Lake James watershed contains a total of 183,312 acres of which 122,707 are
privately owned and the balance is located in the federally protected Pisgah National Forest of
which 95 acres is located in the critical area; and
WHEREAS, approximately 1,662 total acres is located in the City of Marion jurisdiction and
181,650 acres is located in the McDowell County jurisdiction; and
WHEREAS, the 10/70 provision allows local governments to take a maximum of 10 percent of
their jurisdiction in the watershed, including public land located outside of the critical area, and
allow new development at up to 70 percent built -upon area, outside of the critical watershed area;
and
WHEREAS, ten percent of the City of Marion jurisdiction within the watershed is 166 acres and
18,165 acres in McDowell County jurisdiction; and
WHEREAS, pursuant to the Water Supply Watershed Protection Rules (15A NCAC 2B .0200)
developed by the North Carolina Environmental Management Commission, McDowell County
may transfer, in whole or in part, its rights to the 10/70 acreage to the City of Marion within the
Lake James Watershed; and
WHEREAS, the City of Marion typically requires a greater built -upon area based on the nature of
urban development.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners of McDowell County, North
Carolina, hereby transfer to the City of Marion, North Carolina, 10/70 development rights for
4,834 acres located in the Lake James Watershed.
FURTHERMORE, following the transfer of the 10/70 development rights, by the adoption of this
Resolution, McDowell County will have 13,331 acres available for 10/70 development within its
jurisdiction, and the City of Marion will have a total of 5,000 acres available for 10/70 development
in the Lake Jaines Watershed.
Adopted this the 3rd day of March, 2015 by the City Council of the City of Marion.

Ophen Little, Ma r
ATTEST:
oyette, City M, anagq/Clerk
LUTION NUMBER: R-15-03-03-1