12.11.24 BOA Agenda Packet - Laserfiche WebLink

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North Carolina Wildlife Resources Commission Ingram Cameron, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 MEMORANDUM TO: Lyn Biles, Environmental Assistance and SEPA Coordinator NCDENR Division of Environmental Assistance and Customer Services FROM: Olivia Munzer, Western Piedmont Coordinator Habitat Conservation DATE: 01 November 2024 SUBJECT: Appeal of Interpretation and Variance Application for the Geib Property on Lake Orange in Hillsborough, Orange County, North Carolina. DEQ No. 25-0070. Biologists with the North Carolina Wildlife Resource Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Ronald and Kristen Geib have applied for a Variance for their property on Lake Orange located at 4630 Old Lake Trail, Hillsborough, Orange County, North Carolina. The Variance is for the 150-foot reservoir buffer and the stream buffer and the 300-foot septic setback. The applicant is requesting a 75-ft setback for the house and a 150-ft setback for the septic from the reservoir. The East Fork Eno River (Lake Orange) in the Neuse River Basin is classified as a Water Supply II, High Quality Water, and Nutrient Sensitive Water by the Division of Water Resources. We have records of the state threatened creeper (Strophitus undulatus) and notched rainbow (Villosa constricta) in the East Fork Eno River. We also have records of the state endangered and proposed federal endangered tricolored bat (Perimyotis subflavus) in Orange County. The NCWRC has concerns with an approval of the Variance. Firstly, the East Fork Eno River is a High Quality Water with threatened mussel species living downstream and the buffers protect not only the water quality for the water supply but also for wildlife. With a stream and lake bordering the property, the likelihood of the property flooding is high, especially since flooding is more intense and frequent due to climate change. Therefore, the larger buffer would provide the residence and septic field more protection from flooding. Lastly, the zoning ordinance was created over 30 years ago and it seems any variances could have been requested at that time. Perhaps the house can be designed to be built on the property while still abiding by the zoning ordinances. Thank you for the opportunity to provide input on this project. Please contact me at (336) 269-0074 or olivia.munzer@ncwildlife.org if there are any questions about these comments. 32