NCS000435_Asheville 30 ft buffer inquiry_20210511

From:Powell, Jeanette
To:"Eric Edgerton"
Cc:Ansel, Douglas R; Anen, Steven C; Clark, Paul; Georgoulias, Bethany; Jim Farkas ([e-mail]);
Lucas, Annette; McCoy, Suzanne; Michael Meloy; Michelle Evans; Morman, Alaina; Selkane, Aziza
Subject:RE: [External] Environmental Management Commission Question
Date:Wednesday, May 12, 2021 8:30:00 AM
Hi Eric,

There is no record of EMC buffer approval on file for Asheville. However, under the city’s MS4
permit number NCS000435 and 15A NCAC 02H .1017(10), the city has authority to, and is required
to, have at least a 30-foot vegetated setback from perennial waters and intermittent streams. EMC
approval is not necessary to implement this requirement.

If the city requires a riparian buffer in excess of 30 feet for water quality, then EMC approval may be
necessary per § 143-214.23A(b) which states “…a local government may not enact, implement, or
enforce a local government ordinance that establishes a riparian buffer requirement that exceeds
riparian buffer requirements necessary to comply with or implement federal or State law or a
condition of a permit, certificate, or other approval issued by a federal or State agency…” This is
specific to the protection of water quality. If the city enacts a larger setback for water quantity
(flood protection), then the requirement for EMC approval does not apply.

Please let me know if you need additional clarification, or if I can be of further assistance.

Have a great day,
J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw

From: Eric Edgerton <[e-mail]>
Sent: Tuesday, May 11, 2021 2:30 PM
To: Powell, Jeanette <[e-mail]>
Subject: [External] Environmental Management Commission Question

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
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Good afternoon Ms. Powell,

I am hoping that you might be able to help me with a bit of a mystery that we are trying to unravel
here in Asheville. It pertains to our 30 foot post-construction buffer standard for surface waters, and
a question of whether we are required to obtain approval of that standard from the Environmental
Management Commission under NCGS 143-214.23A(d). Unfortunately, both our stormwater
administrator as well as the city attorney who looked at this matter back in 2016 are no longer with
the City, and we are unable to determine whether EMC approval of our buffer standard was sought
or received. Is this something that you would be to help us understand or, if not, is there a more
appropriate person I should reach out to on this issue? Any assistance would be greatly appreciated.

Thank you,
--
Eric P. Edgerton
Sr. Asst. City Attorney
Office: 828-259-5610
Fax: [phone]