WSMU_MRSV_Ltr_19980313

State of North Carolina
Department of Environment
and Natural Resources
.4:47ClirA
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard, Jr., P.E., Director
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March 13, 1998
Mr. Richard A. McLean
Town Manager
Town of Mooresville
P. O. Box 878
Mooresville, NC 28115-0878
RE: Shoe Enterprises Major Variance Request, Town of Mooresville (Iredell County)
Dear Mr. McLean,
This letter is in response to the meeting on January 23, 1998 between the Honorable Joe
V. Knox and Mr. N. Erskine Smith, Jr. of the Town of Mooresville, Mr. Jeff Shoe of
Shoe Enterprises, H. Glenn Dunn of Poyner& Sprull, Dick Brolin of B.K. Barringer &
Associates, Coleen Sullins and Brent McDonald of DWQ, and myself concerning the major
variance request by Shoe Enterprises for the property located within the Lake Norman WS-
IV watershed protected area. In order for the major variance request to proceed to the
Environmental Management Commission (EMC), state rules require that the request be
routed through the local Watershed Review Board (i.e.: the Mooresville Town Board)
which shall prepare a preliminary record to be submitted to the Commission for review
[l 5A NCAC .0104(r)]. With additional material being presented by the applicant, it is
important that the local Watershed Review Board meet again to consider this new
information and make the following findings of fact as required in the Administrative Code
[15A NCAC .0104(r)] and the General Statutes [G.S. 160A, Article 19] for granting
variances:
1 . There are practical difficulties or unnecessary hardships that prevent
compliance with the strict letter of the ordinance;
2. the variance is in harmony with the general purpose and intent of the local
watershed protection ordinance and preserves its spirit; and
3. in granting the variance, the public safety and welfare have been assured
and substantial justice has been done.
In the original record submitted to DWQ in May 1997, the Town failed to address all
three of the necessary findings required for approval of a major variance. It is important
that the findings be based on the characteristics of the site and the applicability of the water
supply watershed protection regulations in relation to those characteristics. Pertaining to
item numbered one above, the findings should at least address the question of, whether or
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Mr. Richard A. McLean
March 13, 1998
Page Two
not as a result of full compliance with the provisions of the ordinance, the property owner
can secure no reasonable return from or make no reasonable use of his property. The
ability or inability of the property owner to secure a greater economic gain as a result of the
variance being granted should not be considered when making the findings of fact.
Should the EMC decide in favor of granting the Town of Mooresville's request for a
major variance,DWQ staff will encourage placing certain conditions upon the approval in
order to ensure adequate protection of water quality in the Lake Norman water supply
watershed. These "mitigation" measures would include, but not be limited to, the
following requirements:
1 . maintain and enhance the riparian vegetation in the remaining buffer area;
2. "pretreat" stormwater runoff from built-upon surface areas by using oil-
water separators, sand filters, filter trenches, grassed swales, and/or other
measures; and
3. oversizing the wet detention pond by increasing the surface area and the
stormwater retention time for improved pollutant removal.
Please note that in no way should the "mitigation," if required by the EMC,be interpreted
as a "trade-off' between buffer requirements and stormwater control requirements. Under
the Water Supply Watershed Protection Rules, both vegetated buffers and stormwater
control devices are required for high density development.
Prior to submitting the variance request to the EMC for review, the N.C. Administrative
Code requires that the Town of Mooresville examine the variance request considering any
additional information provided by the applicant and make the findings of fact as stated
previously. As always, if you have any questions regarding DWQ's recommendations or
if you need further assistance,please contact Brent McDonald of my staff at (919) 733-
5083, extension 508.
Sincerely,
A. Preston Ho , r., P.E.
cc: > nt C. McDonald,DWQ--WSWP
Rex Gleason, DWQ --MRO
Jim Dunn, DCA --MRO
Mr. N. Erskine Smith, Jr., Mooresville Planning Director
DWQ -- Central Files