WSMU_MRSV_Ltr_19930818

State of North Carolina
Department of Environment, TRW
Health and Natural Resources 4 • •
Division of Environmental Management r
James B. Hunt,Jr., Governor
ry p H N
Jonathan B. Howes, Secreetes
A. Preston Howard, Jr., P.E., Director
August 18, 1993
N. Erskine Smith, Jr.
Planning Director
Town of Mooresville
P.O. Box 878
Mooresville, NC 28115 -
Dear Mr. Smith,
This is in response to your July 8, 1993 letter regarding a June 6, 1993 memorandum from
myself to Jim Phillips, Legislative Council for Governor Hunt. You state in your letter that
my memo to Mr. Phillips incorrectly quotes comments made in a position paper submitted to •
the Division of Environmental Management (DEM) during the public comment period for the
Water Supply Watershed Protection Rules in 1991. The paragraph in question in my memo
reads as follows:
"The Town of Mooresville commented on the questionnaire that a WS-IV
classification would be preferred to permit the planned growth of the residential
areas. A position paper, dated October 16, 1991, was submitted to DEM
explaining Mooresville's opposition to the WS-II classification and stating that
a portion of the watershed area maintains an urban character. However, the
Town indicated that their planned residential growth was expected to be one
dwelling unit per acre which is consistent with the WS-II classification. ..."
What was inadvertently left out of the last sentence above was a clarification that this
information was stated in the questionnaire dated March 7, 1991 and not in the position paper
dated October 16, 1991. Thus, this sentence should read, "However, the Town indicated on
their questionnaire that their planned residential growth was expected to be one dwelling unit
per acre, which is consistent with the WS-II classification." I regret any confusion this
inadvertent omission may have caused, and I have enclosed a copy of the questionnaire as
you requested.
In response to your request for the Environmental Management Commission (EMC) to review
the extent of the Back Creek WS-II watershed boundaries within the corporate limits of
Mooresville, DEM records indicate that the Back Creek watershed is used as a reserve water
supply for the City of Kannapolis and lies within the land use jurisdiction of Iredell and
P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
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•
N. Erskine Smith, Jr.
August 18, 1993 •
Page Two
Rowan Counties and the Town of Mooresville. The watershed encompasses 37,950 acres, the
westernmost portion of which is located within Mooresville's corporate boundary. All WS-I,
WS-II, WS-III and some WS-IV water supplies encompass the entire drainage area. Based on
our maps of the drainage within the watershed, the Back Creek watershed is correctly
mapped. If you believe that these boundaries are incorrect, please provide the appropriate
documentation to us at your earliest convenience.
The WS-II classification is based on land use data averaged over the entire watershed and on
the types of permitted wastewater dischargers. No permitted wastewater dischargers are
located in the watershed and, based on the land use questionnaires completed by the affected
local governments, the existing land use was, on average, less than one dwelling unit per acre.
In addition, as stated above, the questionnaire completed by the Town of Mooresville
indicates that planned residential land use was intended to be one dwelling unit per acre.
Based on the existing land use and permitted wastewater dischargers, the WS-II classification
was brought to public hearing in 1991 for comment and subsequently adopted as such in May
of 1992.
Please note that affected local governments can petition the EMC for a change in
classification. DEM requests that this be a cooperative effort involving all affected local
governments. The petition should state the desires of each local government and the basis for
reclassification. If the overall density of the watershed more closely matches the WS-III or
WS-IV classification, then documentation to this effect should be included.
I hope this letter clarifies the statement made in my June 6, 1993 memo. If you have any
questions or need further assistance please do not hesitate to call Steve Zoufaly or Lisa
Martin at [phone].
Sin
A. Preston Howardrr., P.E.
APH/LM
cc: Steve Zoufaly
Rex Gleason, MRO DEM
Mat. Davis, MRO DCA
Enclosure

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NORTH CAROLINA POST OFFICE 803LT878
MOORESVILLE, NORTH C.SRVOUNA,28115•
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July 8 , 1993
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Mr. Preston Howard, P. E. Director
State of North Carolina
Department of Environment, Health, and Natural Resou rip-1 \14'1,17.-pc-. s
Division of Environmental Management
P. 0. Box 29535 c& J
Raleigh, NC 27626-0535
1993
Dear Mr. Howard, DIV. OF - ?Al um 1NT.
I am writing in response to a memorandum, dated June 6,
1993 to Jim Phillips. According to the memo, you stated that
in the Town's position paper submitted October 16, 1991 that
"the Town indicated that their planned residential growth was
expected to be one dwelling unit per acre which is consistent
with the WS-II classification. " This statement is incorrect.
According to the Town's position paper, the Town asked
the EMC to allow densities ranging from 2 to 7 units per acre
in areas where municipal water and sewer service is
available. The restriction of 2 dwelling units per acre
within the corporate limits of Mooresville, virtually
eliminates any affordable housing opportunities for the
citizens of Mooresville. The Town asks that the EMC review
the extent of the WS-II Back Creek classification boundaries
within the corporate limits of Mooresville.
In addition, please send a copy of the questionnaire
completed by the Town in March 1991 for our records.
If you need further information or clarification, please
contact me at your earliest convenience.
Sincerel yours,
N. Erskine Smith, Jr.
Planning Director
cc: Jim Phillips, Legislative Council for Governor Jim Hunt
The Honorable Robert Brawley, 43rd NC House District
Mayor Joe V. Knox, Mooresville
City Manager, Richard A. McLean, Mooresville

State of North Carolina
Department of Environment,
Health and Natural Resources ATirxipA
Division of Environmental Management
JamesnahaB. Hunt, Jr., , Secrnor
etary ®C FAN]
Jonathan B. Howes, Secretes C
A. Preston Howard, Jr„ P.E., Director
FVLE
cbri
June 6, 1993
MEMORANDUM
TO: Jim Phillips
Legislative Council for
Governor James B. Hunt
41(24.
•
FROM: Preston Howard A
SUBJECT: Back Creek Watershed (Iredell and Rowan Counties)
This is in response to a memo addressed to you from Henry Lancaster, dated May 19,
1993, regarding a meeting Mr. Lancaster had with Representative C. Robert Brawley (R-
43rd). Representative Brawley is concerned about the future development potential in a 500
acre industrial park in Iredell County which is located within the Back Creek water supply
watershed.
Since 1986, the Environmental Management Commission (EMC) and the Division of
Environmental Management (DEM) have administered a cooperative program with local
governments for providing additional protection for surface water supplies in the state.
Initially, the program was a voluntary one in which local governments could pursue protective
measures for their surface water supply sources. It became apparent, in time, that a need
existed for minimum statewide water supply protection measures, especially in situations
where multiple local jurisdictions were involved in protecting a single water supply
watershed. In 1989, the Water Supply Watershed Protection Act (NCGS 143-214.5 and 143-
214.6) was ratified. This Act required the EMC to adopt statewide minimum water supply
watershed protection classifications and standards, along with associated management
requirements. The EMC held numerous public hearings across the state and received over
4600 pages of written comments prior to adopting the Water Supply Watershed Protection
Rules on February 13, 1992 and prior to the reclassification of all surface water supply
watersheds which occurred on May 14, 1992. The Rules and reclassifications became
effective on August 3, 1992. The Rules require all local governments with land use
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
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jurisdiction within a water supply watershed to adopt, implement and submit to the EMC land
use ordinances and management plans based on the classification of the water supply
watershed in accordance with the following schedule:
By July 1, 1993 Municipalities with >5000 population
By October 1, 1993 Municipalities with <5000 population
By January 1, 1994 All affected county governments
The industrial park in which Representative Brawley is interested is located within the
Back Creek water supply watershed and is under the land use jurisdiction of Iredell County.
The Back Creek watershed was classified by the EMC as a WS-II watershed based on its land
use characteristics as averaged throughout the watershed. The types of permitted wastewater
dischargers was another factor considered in determining the appropriate water supply
classification. The watershed is predominantly undeveloped and our records show that there
are no permitted wastewater dischargers in the watershed, thus the watershed meets the WS-II
criteria. The WS-II classification outside of the critical area (defined as one-half mile and
draining to the water supply intake) allows non-residential development with up to 30 percent
of the site covered by impervious surfaces. For developments which have between 12 and 30
percent impervious surface coverage, storniwater detention ponds are required. In addition to
the allowable density, an optional non-residential density bonus exists in WS-II watersheds
which allows non-residential development equal to five percent (5%) of the local
government's jurisdiction outside the critical area to be developed at up to 70 percent
impervious surface coverage. The subject industrial park is located outside of the critical
area.
Also important in the reclassification decision was a questionnaire completed by both
Iredell County and the Town of Mooresville. Rowan County makes up the largest percentage
of the watershed (approximately 83%) but did not submit land use information or comments
during the public hearing process. The questionnaires, which were completed in March of
1991, yielded the following land use information:
Iredell County Town of Mooresville
Total land use jurisdiction within 3,000 2,180
watershed (ac)
Total existing non-residential acreage 25 1,310
Total planned non-residential acreage 10% 10%
The Town of Mooresville commented on the questionnaire that a WS-IV classification
would be preferred to permit the planned growth of the residential areas. A position paper,
dated October 16, 1991, was submitted to DEM explaining Mooresville's opposition to the
WS-II classification and stating that a portion of tlie,w.to z hedLarea maintains an urban
character.
Atioalw4weiiingianicinuacresviticat is,. Iredell
County supported the proposed WS-II classification and in a letter submitted to DEM, dated
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September 23, 1991, stated that the current Iredell County Zoning Ordinance would be
sufficient to meet the watershed protection requirements. The county indicated that their
existing and planned residential development in the watershed was less than one dwelling unit
per acre. This density is more restrictive than the state's minimum requirements and thus is
acceptable.
Representative Brawley first contacted Steve Tedder, Section Chief of the North
Carolina Water Quality Section, on February 23, 1993 and stated his concerns with the status
of this site and other industrial developments in the area. In a meeting with Representative
Brawley on March 3, 1993, Mr. Tedder told the Representative that although the site was not
currently vested under North Carolina law, the approval of a preliminary plat in addition to
the infrastructure investments already made would most likely constitute a vested right as
defined by the North Carolina statutes and the Water Supply Watershed Protection Rules. It
is important to note that if a vested right is established, the state's minimum watershed
protection rules do not apply, although local governments may adopt ordinances that are
applicable and could have an effect on the industrial park. A second meeting was held with
Representative Brawley and Dick Brolin, a real estate consultant from Mooresville, on May
10, 1993 and at this meeting it was agreed that Mr. Brolin would investigate whether the
watershed is currently being used as a drinking water supply. It was also discussed at this
meeting whether another water supply classification was more appropriate than the current
WS-II and whether the watershed could be divided into multiple water supply classifications.
Staff from the Water Quality Section have recently spoken with Mr. Melvin Raper of
the City of Kannapolis regarding the city's use of the water supply. According to Mr. Raper
(personal communication May 21, 1993) the watershed is currently used by the city to
supplement their existing supply from Kannapolis Lake. It appears that, as I've indicated
previously, the most expedient resolution of the concerns regarding development in the area
would be for the representatives of the development interests to obtain the necessary vested
rights from the appropriate local governments.
Please let me know if you have any questions or need additional information
concerning this water supply and the subject industrial park.
PH:SZ:lj
cc: Henry Lancaster