WSMU_MRSV_Ltr_Draft_19980203

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State of North Carolina
Department of Environment,
Health and Natural Resources 4,A,11
• •
Division of Water Quality
I I"
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary H N F.
A. Preston Howard, Jr., P.E., Director
February 3, 1998
Mr. Richard A. McLean DR
Town Manager AE�
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, Colleen Sullins and Brent McDonald of DWQ, and myself concerning the
major variance request by Shoe Enterprises for the property located he Tawn-of
-/Mere- u, 1e within the Lake Norman WS-IV watershed protected area. In order for the
major variance request to proceed to the Environmental Management Commission (EMC),
s%tate 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 [15A 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

Mr. Richard A. McLean DRAFT
February 3, 1998
Page Two
the questions of, whether or not due to 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; and whether or not the hardship is the result of the applicant's own
actions [Town Of Mooresville Zoning Ordinance Sections 14.11 (B)(2) and 10.4.2 (A)]. •
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 likely include requirements to:
1. plant extensive 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.
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. 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. Thank you in advance for your cooperation
and support of the Water Supply Watershed Protection Program.
Sincerely,
A. Preston Howard, Jr., P.E.
•
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cc: Brent . McDonald,DWQ--WSVVel- .
Bradley Bennett,DWQ--Stormwater ����^ !2 o f
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Rex Gleason,DWQ--MRO FL
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Jim Dunn,DCA--MRO PejtC d
Kathy Cooper, N.C. Attorney General's Office �Cf
Mr. N. Erskine Smith, Jr., Mooresville Planning Director -
DWQ--Central Files V� -t�