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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 />