ORD-2003-005 Amend Article 6.23.7 Stream Buffers and Article 22 Definitions

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014 z- Three common problems encountered include, but are not limited to, disputes as to whether a USGS stream actually exists, disputes as to whether the location of said USGS stream is as shown on the map and disputes concerning whether the floodplain is properly mapped based on the inaccurate location of a USGS stream. The State's original decision to require the use of USGS maps at the time the watershed protection rules were adopted was due to the fact that the USGS maps were available throughout the state while better maps, such as the Soil Survey, were not. Orange County adopted the USGS maps `by reference', as did other jurisdictions throughout the State. Due to the `by reference' adoption of the USGS maps the County's ability to 'relocate' the stream is not available and the procedure for correcting an inaccurate stream location on a USGS map at the Federal level is lengthy and expensive. Furthermore, the correction of one inaccurate stream on a USGS map does not necessarily mean that inaccuracies for other streams on the same map are corrected. There are better methods than the use of static maps to protect stream quality and watersheds, the two most notable being DWQ certification of local governmental personnel and delegated authority. Orange County now has staff members trained in identifying surface water features that have a direct impact on water quality. Prior to receiving delegated authority for enforcement of the Neuse River Buffer rules from DWQ, each member of the Orange County Erosion Control staff received 50 hours of field training and classroom testing under the Surface Water Identification Training and Certification (SWITC) program. House Bill 1257 mandated the SWITC certification program to be taught by DWQ staff. This training, which is intended to ensure the enforcement of rules enacted by the N.C. Environmental Management Commission, is deemed sufficient by DWQ for stream identification use and establishing buffers per state-mandated watershed protection rules. The stream identification checklist that County staff uses to identify streams was developed by DWQ. It is included as an attachment. This proposed amendment will allow usage of available, existing methods to protect streams by broadening language in the zoning ordinance that would allow, in addition to the USGS maps, the use of the Soil Survey of Orange County and field identification of water features by County staff. By using these three methods of water feature identification in combination with each other, virtually all streams that affect water quality will be protected. Another derived benefit is that the availability of County staff to do field determinations of streams will provide a service to property`owners, more accurate and without cost, that will help them maintain a high quality of stream preservation. A visual presentation of portions of the Cane Creek, Upper Eno and University Lake watersheds showing the difference between the USGS maps and Soil Survey will be presented at the Public Hearing. FINANCIAL IMPACT: There is no public financial impact with this decision. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed amendments. The Administration recommends that the amendments be referred to the Planning Board to return a recommendation to the BOCC no sooner than May 20, 2003. G:can'entplanning/eddie/streambuffer/abstract-streamclassification (Feb24,2003)