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� 1 <br /> ORANGE COUNTY <br /> BOARD OF COUNTY COMMISSIONERS <br /> PUBLIC HEARING AGENDA ITEM ABSTRACT <br /> Meeting Date: September 18, 2001 <br /> Action Agenda <br /> Item No. <br /> SUBJECT: Orange County Stormwater Program Regulatory Enhancements for Lands Within the <br /> Neuse River Basin <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Outline of Excerpts from the amended Sections 3 Craig Benedict, ext 2592 <br /> through 21 of the Stormwater Ordinance Ren Ivins, ext 2586 <br /> TELEPHONE NUMBERS: <br /> Ordinance in full is available in the County Clerk's Hillsborough 732-8181 <br /> Office. Chapel Hill 968-4501 <br /> Durham 688-7331 <br /> Mebane (336)227-2031 <br /> PURPOSE: To comply with state requirements in order to request and fully receive delegated <br /> authority to implement and enforce the Neuse River Riparian Buffer Rule (NCAC 15A 2B .0233). <br /> This rule is incorporated into Orange County's Stormwater Ordinance in Sections 3 and 4. <br /> BACKGROUND: The Orange County Stormwater Ordinance, which incorporates this rule, was <br /> adopted in December 2000, and the following amendments were required by the State so that <br /> our program will parallel the State program as closely as possible, with special emphasis on civil <br /> and criminal penalties. Orange County is the first in the state to proceed with a request for <br /> delegated authority, and NCDENR- Division of Water Quality staff hope to use the County's <br /> Ordinance as a 'boilerplate' Ordinance for other local governments within the Neuse River Basin. <br /> In order to comply with NCAC 15A 213 .0233 Item 12: 'Requirements Specific to Local Governments <br /> with Stormwater Programs for Nitrogen Control,' Orange County has two options for protecting <br /> riparian buffers within the Neuse Basin: <br /> (1) Obtain authority (delegated authority) to implement a local riparian buffer protection program <br /> pursuant to 15A NCAC 2B .0241. <br /> (2) Refrain from issuing local approvals for new development projects unless either: <br /> (a) The person requesting the approval does not propose to impact the riparian buffer of a <br /> surface water that appears on either an Orange County Soil Survey map or the most <br /> recent USGS topographic quadrangle. <br /> (b) The person requesting the approval proposes to impact the riparian buffer of a surface <br /> water that appears on the above-mentioned maps has permission from the Division of <br /> Water Quality to proceed. <br /> Impacts that would require submittal to the Division of Water Quality before any approvals could be <br /> issued by the County include driveway crossings that disturb greater that 25 linear feet of the <br />