WSMU_ABER_1070 DrowningCreekTransferResolution_20230410

A RESOLUTION TO ACCEPT TRANSFER RIGHTS FOR 10/70 LAND AREA IN THE DROWNING CREEK
WATERSHED TO THE TOWN OF ABERDEEN, NORTH CAROLINA FROM COUNTY OF MOORE, NORTH
CAROLINA.
THAT WHEREAS, the County of Moore and the Town of Aberdeen have jurisdiction in the Drowning
Creek Watershed, which is classified as a WS-II watershed by the North Carolina Environmental
Management Commission; and,
WHEREAS, the Town of Aberdeen has adopted a water supply watershed protection ordinance
implementing the low -density option and 10/70 provision for WS-II water supply watersheds for its
jurisdiction in the Drowning Creek Watershed: and,
WHEREAS, the Drowning Creek Watershed was created as of June 21, 1993, with the County of Moore
having 63,970 acres of land within its jurisdiction of said watershed; and,
WHEREAS, the 10/70 provision allows local governments to take a maximum of 10 percent of their
jurisdiction in the watershed as of July 1, 1995, and allow new development at up to 70 percent built -
upon area, outside of the critical watershed areas, and,
WHEREAS, the Division of Water Quality (DWQ) approved in October of 2012 joint resolutions between
Moore County and its eleven municipalities to transfer rights of 5/70 and 10/70 land area in five water
supply watersheds. The affected watershed areas were Little River (Vass), Little River (Intake No.2),
Bear Creek, Drowning Creek, and Nicks Creek. Each resolution involved the acceptance by a municipality
of a specific amount of unused allocation formerly held by Moore County. Amounts for transfer were
based on each local government's jurisdiction within a particular watershed as of 2012.; and
WHEREAS, the Drowning Creek Watershed after acceptance of transfer rights in October 2012 based on
each local government's jurisdiction, Moore County had 46,754.03 acres of land within its jurisdiction of
said watershed ; and
WHEREAS, the Division of Water Quality (DWQ) approved in October of 2012 joint resolutions between
the Town of Aberdeen and Moore County, acceptance by Aberdeen of 530.01 acres of Moore County's
allocation in the Drowning Creek WS-II-BW watershed.; and
WHEREAS, the Town of Aberdeen anticipates that it will soon exceed it allocation of 10/70 option
acreage; and
WHEREAS, by letter dated September 27, 2021, Carolina Commercial, a developer seeking to build a
multi -family and commercial development in Aberdeen, requested the Town begin the process of
seeking to transfer allocated 10/70 option acres from Moore County to the Town of Aberdeen because
the development will exceed the Town of Aberdeen's allocation of 10/70 option acreage; and

WHEREAS, pursuant to the Water Supply Watershed Protection Rules (15A NCAC 2B.0200) developed by
the North Carolina Environmental Management Commission, the County of Moore may transfer, in
whole or in part, its rights to the watershed acreage to the Town of Aberdeen within the Drowning
Creek Watershed; and
WHEREAS, the Moore County Unified Development Ordinance Section 15.9 Allocation Transfer Between
Jurisdictions states, "Moore County, having jurisdiction within a designated water supply watershed may
transfer, in whole or part, its right to the 5/70 land area to one of the other local government
jurisdictions located within Moore County within the same water supply watershed upon submittal of an
approved joint resolution between Moore County Board of Commissioners and the governing body of
the municipality and approval by the NC Department of Environmental Quality."; and
WHEREAS, the Town of Aberdeen wishes to clarify allocation to the town and desires the ability for
facilities and services which typically require larger amounts of built -upon area to locate in its portion of
jurisdiction in the Drowning Creek Watershed; and
NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners of the Town of Aberdeen, North
Carolina, accepts the transfer of watershed allocation from the County of Moore to the Town of
Aberdeen, North Carolina in the amount 300 +/- acres located in the Drowning Creek Watershed.
FURTHERMORE, following the transfer of the watershed allocation, by the adoption of this Resolution,
the Town of Aberdeen will now have 300 acres within its jurisdiction with 30 acres of allocation available
for 10/70 development, and the County of Moore will have a total of 46,454.03 acres within its
jurisdiction with 2,300.5115 acres available for 5/70 development in the Drowning Creek Watershed.
Ayes: S
Noes: D
Absent or Excused: N H
Dated: y II d a a 3 -to U , 3u��
Robert A. Farrell, Mayor
Attest:
Regina R , Town Clerk
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