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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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Last modified
11/1/2012 2:42:26 PM
Creation date
10/23/2012 9:04:04 AM
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BOCC
Date
9/18/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8h
Document Relationships
Agenda - 09-18-2001 - 8h
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 09-18-2001
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022 <br /> determine if it agrees that the requirements in Section 4.D.1 4.E.1 have been met. <br /> Requests for appeals of decisions made by the Gemmissionla Water Quality <br /> Committee's shall be made to the Office of Administrative Hearings. The <br /> following actions shall be taken depending on the Eeamnissien Water Quality <br /> Committee's decision on the major variance request: <br /> a) Upon the Water Quality Committee's approval, the <br /> County shall issue a final decision granting the major variance. <br /> b) Upon the Commissien Water Quality Committee's approval with <br /> conditions or stipulations,the County shall issue a final decision,which <br /> includes these conditions or stipulations. <br /> c) Upon the r„r,,miss; Water Quality Committee's denial,the <br /> County shall issue a final decision denying the major variance. <br /> F. Mitigation <br /> Persons who wish to undertake uses designated as allowable with mitigation shall meet <br /> the following requirements in order to proceed with their proposed use. <br /> 1. Obtain a determination of"No Practical Alternatives"to the proposed use <br /> pursuant to Section 4.13. <br /> 2. Obtain approval for a mitigation proposal pursuant to 155 14cAG 2B .0242 <br /> Section G of this Ordinance. (note: the following language is simply 15A NCAC <br /> 2B.0242 word for word from the NC Administrative Code). <br /> G. Mitigation Program <br /> The following are the requirements for the Riparian Buffer Mitigation Program for the <br /> Neuse River Basin. <br /> 1. . PURPOSE. The purpose of this Rule is to set forth the mitigation <br /> requirements that apply to the Neuse Basin existing riparian buffer protection <br /> program, as described in Section . <br /> 2. APPLICABILITY. This Rule applies to persons who wish.to impact a <br /> riparian buffer in the Neuse Basin when one of the following applies: <br /> a) A person has received an Authorization Certificate pursuant to Section <br /> 4.A.3 for a proposed use that is designated as "allowable with mitigation." <br /> b) A person has received a variance pursuant to Section 4.E and is <br /> required to perform mitigation as a condition of a variance approval. <br /> 3. THE AREA OF MITIGATION. The required area of mitigation shall be <br /> determined by either the County according to the following: <br /> a) The impacts in square feet to each zone of the riparian buffer shall be <br /> determined by the County by adding the following: <br /> (1) The area of the footprint of the use causing the impact to the <br /> riparian buffer. <br /> (2) The area of the boundary of any clearing and grading activities <br /> within the riparian buffer necessary to accommodate the use. <br /> (3) The area of any ongoing maintenance corridors within the <br /> riparian buffer associated with the use. <br /> b) The required area of mitigation shall be determined by applying the <br /> 16 <br />
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