Obtaining Approval for Water Quality Buffer Disturbances
Authorization Certificate Application
Approval must be obtained for all “potentially allowable” buffer disturbances prior to the
initiation of any disturbance activity. Approval for buffer disturbances considered as
“prohibited” must be obtained through the variance process. The agency responsible for issuing
approvals for potentially allowable buffer disturbances depends on the buffer type and
jurisdiction as summarized in Table 1 below.
Table 1: Agency Responsible for Approval of Potentially Allowable Buffer Disturbances
Type of Buffer Proposed for Disturbance
Water Supply
PostS.W.I.M.
Goose Cr.
Six Mile Cr.
Watershed
Construction
Charlotte
CMSWS (2)
CMSWS
CMSWS
N/A
CMSWS
Cornelius
CMSWS (3)
ZBA (4)
ZBA (4)
N/A
N/A
Davidson
CMSWS
ZBA (4)
SWAC (4)
N/A
N/A
Huntersville
CMSWS
ZBA (4)
ZBA (4)
N/A
N/A
Matthews
N/A
ZBA (4)
SWAC (4)
N/A
N/A
Mint Hill
N/A
CMSWS
CMSWS
CMSWS
N/A
Pineville
N/A
CMSWS
CMSWS
N/A
N/A
Mecklenburg County (1) N/A
CMSWS
CMSWS
N/A
N/A
Acronyms: CMSWS = Charlotte-Mecklenburg Storm Water Services; ZBA = Zoning Board of Adjustment
appointed by the jurisdiction; and N/A = Not Applicable
Footnotes: (1) Includes only the 1 square mile area south of Pineville where Mecklenburg County has zoning
authority; (2) The Zoning Administrator for the City of Charlotte is consulted on all these buffer disturbances and
usually a variance from the ZBA is required; (3) The Planning Director for the Town of Cornelius is consulted on all
these buffer disturbances and usually a variance from the ZBA is not required; and (4) There are no potentially
allowable buffer disturbances in these jurisdictions; therefore, all buffer disturbances require a variance from the
applicable authority.
Jurisdiction
All buffer disturbances considered for approval by Charlotte-Mecklenburg Storm Water Services
as indicated in Table 1 require that the property owner or their agent submit a properly
completed “Authorization Certificate Application” form prior to the initiation of any activities in
the buffer. This form is available at the following link:
ftp://ftp1.co.mecklenburg.nc.us/WaterQuality/WQ%20Buffers/ApplicationforaWaterQualityBuff
erDisturbance.docx. Completion of an Authorization Certificate Application form is also
required for approval of mitigation/restoration for illegal buffer disturbances. The Authorization
Certificate is valid for 12 months following the approval date. The buffer disturbance and all
mitigation measures must be completed and approved by Charlotte-Mecklenburg Storm Water
Services prior to the end of 12 months or the Authorization Certificate is considered null and
void and a new Authorization Certificate Application form will need to be submitted. Review
and approval of Authorization Certificate Applications is performed by either City or County
staff based on the following guidelines.
• City Staff Reviews (submit to Mike MacIntyre at Charlotte Storm Water Services, 600
East Fourth Street, Charlotte, N.C. 28202-2844, phone number 704-432-5570):
In the City of Charlotte and its ETJ, City staff will handle all reviews of Authorization
Certificate Applications for projects that are handled by Charlotte Land Development
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which includes all subdivisions, multifamily and commercial developments. The basic
rule to follow is that if a project is required to comply with the City’s post-construction
ordinance, then the buffer review process will be handled by City staff.
County Staff Reviews (submit to John McCulloch at the Mecklenburg County Water
Quality Program, 700 N. Tryon Street, Charlotte, N.C. 28202, phone number 704-3365455):
In the City of Charlotte and its ETJ, County staff will handle all reviews of Authorization
Certificate Applications for projects that are not handled by Charlotte Land Development
which includes (but is not limited to) single-family residential developments,
redevelopments and expansions that are not tied to a subdivision plan review as well as
all applications for water supply watershed buffer disturbances along the Catawba River
lakes in the City and its ETJ. In addition, County staff will handle Authorization
Certificate Applications in the Towns and their ETJ areas.
The Authorization Certification Application form for water quality buffer disturbances includes
three (3) sections as follows: Section 1 - General Information, Section 2 - Finding of No
Practical Alternatives, and Section 3 - Mitigation. For mitigation/restoration in response to a
buffer violation, Sections 1 and 3 of the application must be completed but not Section 2 since
the buffer disturbance has already occurred illegally thus there is no need for a finding of no
practical alternative. For potentially allowable buffer disturbances that do not require mitigation,
Sections 1 and 2 of the form must be completed and not Section 3. For potentially allowable
buffer disturbances that do require mitigation, all three (3) sections of the form must be
completed by the applicant. The mitigation section requires the submittal of attachments as
described in the form. Additional information regarding the completion of this form is described
below. The approval of an Authorization Certification for a buffer disturbance requires that the
following two (2) conditions be satisfied:
1. No practical alternatives exist for the buffer disturbance.
2. The proposed mitigation is sufficient to offset the negative impacts to the quality and
usability of downstream surface waters associated with the buffer disturbance.
Section 1 – General Information
The applicant is required to provide the following general information in Section 1 of the
Authorization Certificate Application form:
1. Applicant name, mailing address, phone numbers (office and cell), and email address.
2. If different from applicant, property owner name, mailing address, phone numbers (office
and cell), and email address. Also, indicate applicant’s affiliation with the owner.
Written authorization for the buffer disturbance signed by the property owner must be
attached to the application for it to be considered for approval.
3. Information regarding all contractors involved in the proposed buffer disturbance and
restoration activities, including name, mailing address, phone numbers (office and cell),
and email address. There is space for only one (1) contractor on the form. If multiple
contractors are involved, include on a separate sheet of paper all the information required
in the form for these contractors. If no contractors are involved indicated N/A for Not
Applicable.
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4. Location information regarding the buffer disturbance, including jurisdiction, address,
subdivision name, and lot number (if applicable) of proposed buffer disturbance.
5. Type of buffer, including water supply watershed, S.W.I.M., post-construction, Goose
Creek, or Six Mile Creek. Only one buffer type can be selected. If multiple buffers
apply to the parcel, the more restrictive buffer will be used.
6. Type of buffer disturbance, including removal of vegetation, installation of structure,
addition of fill, grading/land disturbing, and other (specify). All the buffer disturbances
that apply must be indicated on the form.
7. Nature of the activity to be conducted by the applicant that will result in the buffer
disturbance, such as shoreline stabilization, installation of a boardwalk, etc.
8. Reason for the proposed buffer disturbance, such as to improve access to a pier or dock
via a boardwalk.
9. Total square footage of the parcel and the square footage of the area to be disturbed by
the activity, including all equipment staging areas, access areas, etc. located both inside
and outside the buffer.
10. Total square footage of the buffer on the parcel, including the square footage in each
zone. If the buffer does not include zones, then indicate the width under “Total.”
11. Total square footage of the buffer to be disturbed by the activity and the square footage of
disturbance in each zone, including the area of the footprint of the use within the buffer
that is causing the impact to the buffer; the area of the boundary of any clearing and
grading activities necessary to accommodate the use outside the footprint of the use; and
the area of any ongoing maintenance corridors within the stream buffer associated with
the use outside the footprint and clearing/grading limits of the use. Temporary equipment
access areas are not included in the disturbed area calculation provided tree removal and
grading are not required and the area is properly stabilized.
12. Proposed work schedule, including the date when the buffer disturbance will occur and
the date when mitigation will be completed. The mitigation is not considered complete
until all disturbed areas both inside and outside the buffer have been stabilized and all
mitigation measures have been installed.
13. Attach a scaled map of the parcel where the buffer disturbance is proposed that includes
the following information. IMPORANT NOTE: If mitigation is to be performed, use this
as a base map for delineating all mitigation techniques.
a. Lengths of all boundary/property lines and the parcel’s address where the activity
and buffer disturbance are proposed.
b. Location of all water course(s) on the property, including all perennial and
intermittent streams, lakes, ponds and wetlands.
c. Location(s) of buildings, parking areas, and other impervious surfaces.
d. Location of the buffer area on the parcel, including lengths of all boundary lines
and total square footage of the entire buffer and all buffer zones.
e. The scale of the map, which must be smaller than 100 feet to the inch.
f. Date of map.
g. A small scale vicinity map and north arrow.
h. Location of proposed buffer disturbance, including lengths of all boundary lines
and total square footage for each buffer zone. The boundary of the disturbed area
must include the following: the area of the footprint of the use within the buffer
that is causing the impact to the buffer; the area of the boundary of any clearing
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and grading activities necessary to accommodate the use outside the footprint of
the use; and the area of any ongoing maintenance corridors within the stream
buffer associated with the use outside the footprint and clearing/grading limits of
the use. Temporary equipment access areas are not included in the disturbed area
calculation provided tree removal and grading are not required. These access
areas must be shown on the map along with a note describing how these areas will
be properly stabilized.
i. General location (do not survey), number, size and species of trees greater than
two (2) inches in diameter that will be removed from the buffer.
Section 2 – Finding of No Practical Alternative
Buffers are extremely important for protecting the quality and usability of CharlotteMecklenburg’s surface water resources. For this reason, Charlotte-Mecklenburg Storm Water
Services wants to ensure that there is “no practical alternative” to the proposed buffer
disturbance prior to its approval and subsequent issuance of an Authorization Certificate. The
burden of proof for this determination lies with the applicant who must provide responses to the
following in order for the application to be considered for approval.
• Explain why the basic project purpose cannot be practically accomplished in a manner
that would better minimize the disturbance, preserve aquatic life and habitat, and protect
water quality.
• Explain why the use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize the disturbance, preserve aquatic life and habitat, and
protect water quality.
• Describe practices that have been incorporated into the project to minimize the buffer
disturbance, preserve aquatic life and habitat, and protect water quality.
In addition to the above, Charlotte-Mecklenburg Storm Water Services will consider the impacts
that the buffer disturbance may have on the overall quality and usability of the surface water
resource, including its ability to support varied species of aquatic life and meet applicable water
quality standards. If after considering all available information it is determined by staff that the
applicant has satisfied the burden of proof for a determination of “No Practical Alternative” and
that the overall negative impacts to the quality and usability of downstream surface waters can be
adequately mitigated, then Charlotte-Mecklenburg Storm Water Services will determine that no
practical alternative exists. Such a determination is required for the issuance of an Authorization
Certificate allowing the buffer disturbance.
Section 3 – Mitigation
The purpose of mitigation is to offset the effect of a buffer disturbance so there is minimal
negative impact to surface water quality or aquatic life. Most of the potentially allowable buffer
disturbances require some form of mitigation, which varies significantly based on the type of
buffer and the nature of the disturbance. In addition, Charlotte-Mecklenburg Storm Water
Services may require mitigation for any buffer disturbance if it is determined to be necessary for
the protection of the quality and usability of downstream surface water resources and the
propagation of aquatic life. Mitigation is also required for all illegal buffer disturbances but
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under these circumstances it is referred to as “Restoration.” All mitigation must be approved by
Charlotte-Mecklenburg Storm Water Services before an Authorization Certificate Application
allowing the disturbance can be approved. The applicant must include general information
regarding the proposed mitigation in Section 3 of the application. A variety of additional
information must be attached to the application to fully satisfy the submittal requirements for
consideration of a proposed mitigation option. Refer back to the “Quick Reference Guide for
Determining the Water Quality Buffer Requirements for a Specific Parcel” and select the type of
buffer to be disturbed for specific information regarding the completion of Section 3 of the form.
Completion of the mitigation requirements specified below satisfies the second requirement for
the issuance of an Authorization Certificate allowing a buffer disturbance, which specifies that
the proposed mitigation must be sufficient to offset the negative impacts to the quality and
usability of downstream surface waters associated with the buffer disturbance. On a case-bycase basis, Charlotte-Mecklenburg Storm Water Services may deviate from the requirements
specified below when it is deemed necessary and appropriate for the protection of water quality.
Calculating the Total Disturbed Area in the Buffer
For mitigation purposes, the total disturbed area in the buffer is calculated for all buffer types by
adding the following three (3) areas together without counting any area twice:
1. Area of the footprint of the use within the buffer that is causing the impact to the buffer;
2. Area of the boundary of any clearing and grading activities necessary to accommodate
the use within the buffer outside the footprint of the use; and
3. Area of any ongoing maintenance corridors within the stream buffer associated with the
use outside the footprint and clearing/grading limits of the use.
Temporary equipment access areas are not included in the disturbed area calculation provided
tree removal and grading are not required and the area is properly stabilized. The map attached
to the Authorization Certificate Application form must include the locations of the temporary
access areas along with a note describing how these areas will be stabilized.
The following example calculation of the total disturbed area of a buffer is provided for
clarification.
1. The proposed footprint within the buffer of a wastewater collection system and pump
station is 1,000 square foot.
2. Trees must be cleared and the ground graded in an area covering 2,000 square feet of the
buffer with 1,000 of these square feet located outside of the footprint from number 1
above.
3. A gravel driveway is proposed for access to the pump station for ongoing maintenance
that includes 200 square feet in the buffer with 100 square feet outside the areas included
in numbers 1 and 2 above.
4. The total disturbed area is calculated as follows: 1,000 square feet (footprint) + 1,000
square feet (clearing limits outside the footprint) + 100 square feet (maintenance corridor
outside the footprint and clearing limits) = 2,100 square feet of disturbed area in the
buffer.
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