ORD-2007-218 - Amendments to the Orange Co Stormwater Ord for Lands within the Neuse River Basin

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Section 3 Riparian Area Protection within the Neuse River Basin The purpose of the County in adopting the following regulations is to protect the County's streams, wetlands, and floodplains; to protect the water quality of the County's watercourses, reservoirs, lakes, and ponds; to protect the County's riparian and aquatic ecosystems; and to provide environmentally sound use of the County's land resources. Buffers adjacent to streams provide multiple environmental protection and resource management benefits. Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal (subsurface). Wildlife habitat is also provided within both forested and grassed buffers. They also help to minimize flood damage in flood prone areas. Grassed zones within the buffers help to prevent sediment and sediment -bound pollutants such as phosphorous from reaching the streams. A. Applicability This Ordinance shall apply to 50 -foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin within Orange County(intermittent streams, perennial streams, lakes, ponds, and estuaries), excluding wetlands. Wetlands adjacent to surface waters or within 50 feet of surface waters will be considered as part of the riparian buffer but are regulated pursuant to North Carolina Administrative Code 15A NCAC 2H .0506. The riparian buffers protected by this Ordinance shall be measured pursuant to Section 3 -B. For the purpose of this Ordinance, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Ordinance. Riparian buffers adjacent to surface waters that appear on the maps shall be subject to this Ordinance unless one of the following applies. 1. Exemption when an on -site Determination shows that Surface Waters Are Not Present: When a landowner or other affected party believes that the maps have inaccurately depicted surface waters, he or she shall consult the County. Upon request, the County shall make on -site determinations. Any disputes over on -site determinations shall be referred to NCDENR- Division of Water Quality in writing. 2. Surface waters that appear on the maps shall not be subject to this Ordinance if an on -site determination shows that they fall into one of the following categories. a) Ditches and constructed conveyances other than modified natural streams unless constructed for navigation and/or boat access. b) Constructed ponds and lakes that are located outside natural 6