Goose Creek and Six Mile Creek Buffer Disturbances

General Information

The buffer requirements for Goose and Six Mile Creeks are more restrictive than the S.W.I.M. and post-construction buffers but less restrictive than the water supply watershed buffers. Also, like the water supply watershed buffers the buffers for Goose and Six Mile Creeks are considered “undisturbed” and do not include zones. The exempt, potentially allowable and prohibited disturbances for buffers along Goose and Six Mile Creeks are summarized in Table 5 at the link under “Overview of Charlotte-Mecklenburg’s water quality buffers.” In Goose Creek, the buffer requirements apply to all properties except those with an existing and ongoing use or redevelopment of an existing structure as of the effective date of the ordinance (March 11, 2010). In Six Mile Creek, the applicability criteria specified in Charlotte’s post-construction ordinance govern whether the buffer requirements apply. In other words, if the post-construction ordinance applies so do the buffer requirements and vice-versa. This is not the case in Goose Creek where buffers have separate applicability criteria from the rest of the post-construction ordinance.

Existing Uses in Goose Creek

For Goose and Six Mile Creeks, existing and ongoing uses within the stream buffer and disturbances associated with the maintenance of these uses are exempt from the buffer requirements. Only the portion of the stream buffer that contains the footprint of the existing and ongoing use is exempt. A use is considered existing and ongoing if it was present within the stream buffer as of February 1, 2009 (effective date of the N.C. Site Specific Water Quality Management Plan for Goose Creek) and has continued since that time. A use may also be considered existing and ongoing if vested rights exist. Existing uses include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines, and on-site sanitary sewage systems. Existing uses continue through a change in ownership. Activities necessary to maintain uses are allowed provided the site remains similarly vegetated, no built-upon area is added within the stream buffer area where it did not exist as of as February 1, 2009, and existing diffuse flow is maintained.

A use is also considered existing and ongoing and thereby exempt from buffer requirements if it can be documented to Charlotte-Mecklenburg Storm Water Services that at least one of the following criteria were met prior to February 1, 2009: • Project requires a 401 Certification/404 Permit, and such permits are still valid; • Project requires a State permit, such as a landfill, NPDES wastewater discharge, land application residuals and road construction activities, and has begun construction or is under contract to begin construction and has received all required State permits; • Project is being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with Department of Environment and Natural Resources on avoidance and minimization; or

1 • Project is not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division of Water Quality.

At the time an existing use is changed to another use, the stream buffer requirements will apply. Change of use includes, but is not limited to, the following: • The addition of built-upon area within the stream buffer; • An agricultural operation within the stream buffer is converted to a non-agricultural use; or • A lawn within the stream buffer that ceases to be maintained.

Redevelopment of a structure that was present within the stream buffer as of February 1, 2009 and has continued to exist since that time is considered an existing and ongoing use and is thereby exempt from buffer requirements in Goose and Six Mile Creeks provided the following applies: • Redevelopment occurs on the same footprint as the existing development; • Existing storm water controls remain, including diffuse flow conditions; • Redevelopment of nonresidential structures results in the disturbance of less than a half acre; • Site remains vegetated in a manner similar to existing conditions; and • Applicable storm water control requirements are met.

The final determination of whether a use is existing and ongoing is made by Charlotte- Mecklenburg Storm Water Services. Appeals of such determinations are handled by the Charlotte-Mecklenburg Storm Water Advisory Committee.