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52 <br /> necessarily riparian buffer based. Support for this conclusion is <br /> referenced throughout Section 6.13 Stream Buffers of the UDO. <br /> We may have a defensible opportunity in this exception in this area <br /> to preserve our current program. <br /> It needs to be remembered there has been a comingling of <br /> watershed management/riparian buffer regulations over the years <br /> which complicates this position. We may find ourselves having to <br /> modify existing language and re-adopt development standards to <br /> ensure proper delineation of our policies to avoid conflict. <br /> b. Represents a condition of a permit, certificate, or other approval issued by <br /> a Federal or State agency; <br /> STAFF COMMENT. Orange County does not meet the criteria. <br /> c. Was enacted prior to August 1, 1997 and meets listed requirements; <br /> STAFF COMMENT: Section 143-214 23(A) (c) of the North <br /> Carolina General Statutes requires communities demonstrate the <br /> ordinances implementing these regulations included that following, <br /> specific, findings to qualify for this exemption: <br /> the requirement was imposed for purposes that <br /> include the protection of aesthetics, fish and wildlife <br /> habitat, and recreational use by maintaining water <br /> temperature, healthy tree canopy and understory, and <br /> the protection of the natural shoreline through <br /> minimization of erosion and potential chemical pollution <br /> in addition to the protection of water quality and the <br /> prevention of excess nutrient runoff, <br /> and <br /> (ii) the ordinance would permit small or temporary <br /> structures within 50 feet of the water body and docks and <br /> piers within and along the edge of the water body under <br /> certain circumstances. <br /> While we are still researching the adoption of stream buffer <br /> regulations, dating back to the mid 1980's, we are unable to verify <br /> ordinances adopted by the County implementing this program <br /> contained the required language or allowances. <br /> It is our professional opinion we will not have sufficient <br /> documentation demonstrating we complied with this exemption. <br /> d. Said regulation(s) are reviewed and approved by the State Environmental <br /> Management Commission (EMC) through the review of a scientific study <br /> providing documentation on the need for increased/more restrictive <br /> standards based on local physical and environmental conditions. <br /> STAFF COMMENT: Staff was informed by the Attorney's office, <br /> based on County Commissioner direction, we received <br /> authorization to begin developing a Request for Qualifications <br />