Agenda - 09-18-2001 - 8h - Laserfiche WebLink

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2 c buffer, bridges, greenway trails, utilities, ponds, and road crossings. The attached Stormwater Ordinance amendments conform to requirements by NCDENR- Division of Water Quality, the Environmental Management Commission, and the NC Administrative Code, rules 15A 2B .0233 and .0241. These changes are the result of the State Attorney General's office extensive review, and NCDENR-DWQ staff enforcement experience. Request To adopt the amendments to the Orange County Stormwater Program and Ordinance for Lands within the Neuse River Basin. The deadline for submittal to the State in order to be placed on the October agenda of the Environmental Management Commission is September 15th so a tentative request will be made pending the outcome of the September 18, 2001 BOCC meeting. Location Upper Neuse River Basin within Orange County which includes Upper and Lower Eno, Little River and Flat River watershed basins. Existing and Proposed Conditions Existing: Orange County Stormwater Program for Lands within the Neuse River Basin in place without implementation or enforcement for Sections 3 and 4, Riparian Buffers. Erosion and Sedimentation Control, and Water Supply Watershed Requirements, and Subdivision buffer requirements currently in place. Proposed: • change in the disputes and variance process for the Stormwater Ordinance to parallel the State's process (page 14) • change in Section 4.F.2 from citing 15A NCAC 2B .0242 to incorporating .0242 word for word per the State Attorney General's office. (page 16) • change in civil penalty to add phrase 'per day' (page 31) • change in criminal penalty to conform with state administrative code (page 32) • semantic revisions involving the definition of the word County, the use of words such as 'rule', etc. Development Process. Schedule, and Action • Public Hearing held May 22, 2000 with no speakers from the public. • Forwarded Draft Program to NCDENR-DWQ upon approval by the Board. • Approved by DWQ, the Environmental Management Commission-Water Quality Committee on October 11, 2000. • Adoption of Program and Ordinance on December 4, 2000 per the Board's approval. • December 2000 through March 2001: implement Phase 1 of the Program and Ordinance with the focus being on Nitrogen Reduction standards and measures, and Public Education and Outreach. • Meetings regarding the legal requirements for the granting of delegated authority between County Staff, Harmony Wayland, Division of Water Quality Staff, and the Attorney General's office. • Public hearing held August 27, 2001 with no speakers from the public.