Orange County NC Website
standard of 50 feet to 100 feet. In addition, a 10 -foot stream buffer will be required for certain <br />animal operations (over 30 animals in a perennial stream). <br />Ppasible Alternatives <br />A. Amend zoning ordinance to increase stream buffers. <br />B. Encourage EMC to apply animal operations buffer through Soil and Water Conservation <br />Service (state law exempts agricultural operations from zoning). <br />C. Pursue state legislation to allow zoning jurisdiction for water quality purposes, in order <br />to implement animal operations buffers. <br />D. Adopt individual watershed plans with revised stream buffers as overlay zones. <br />4. OPERATION AND MAIlVTENANCE OF STORMWATER CONTROLS <br />Issue <br />Currently, Orange County utilizes a land use, or non - structural approach in University Lake <br />watershed, and allows both structural and non - structural methods in other watersheds where the <br />first 1/2 -inch of rainfall in controlled. The new state rules allow for the use of structural Best <br />Management Practices as an alternative (or complementary in WS -II) method of protecting water <br />quality. This method involves the construction, monitoring and maintenance of detention or <br />retention ponds. However, the rules would require local governments to be responsible for such <br />facilities, even if constructed and owned by private entities. <br />Responsibility, as defined by the state, means that local governments will be required to "inspect <br />such [ stormwater > controls at least once per year to determine whether the controls are <br />performing as designed and intended. Records of inspections shall be maintained on forms <br />approved or supplied by the Division C of Environmental Management 7 ...In the event <br />inspection shows that a control is not performing adequately, the local government shall order <br />the owning entity to take corrective actions. If the entity fails to take corrective actions, the local <br />governments may impose civil penalties and pursue other remedies in accordance with <br />law... Stormwater controls... shall be conditioned on the posting of adequate financial assurance", <br />either in the sense of a cash deposit or bond paid to the government, or by the local <br />government's establishment of a stormwater utility. <br />It should be noted that the higher- density of development allowed with this type of protection <br />is not offered in WS -II watersheds. <br />The use of this type of watershed protection is most often found in urbanized jurisdictions. The <br />59 <br />