Agenda - 08-27-2001-c1 - Laserfiche WebLink

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o~~ determine if it agrees that the requirements in Section ^,~ 4.E.1 have been met. Requests for appeals of decisions made by the c-~,,,.,,..,:~~:,.w.,'~ Water Quality Committee's shall be made to the Office of Administrative Hearings. The following actions shall be taken depending on the Water uali Committee's decision on the major variance request: a) Upon the Water Ouality Committee's approval, the County shall issue a final decision granting the major variance. b) Upon the Water_Quality Committee's approval with conditions or stipulations, the County shall issue a final decision, which includes these conditions or stipulations. c) Upon the Water uali .Committee's denial, the County shall issue a final decision denying the major variance. F. Mitigation Persons who wish to undertake uses designated as allowable with mitigation shall meet the following requirements in order to proceed with their proposed use. 1. Obtain a determination of "No Practical Alternatives" to the proposed use pursuant to Section 4.B. 2. Obtain approval for a mitigation proposal pursuant to ~.~PFC~~~~4z Section G of this Ordinance. (note: the following language is simply I SA NCAC 2B .0242 word for word from the NC Administrative Code). G. Mitigation.Program The following are the requirements for the Riparian Buffer Mitigation Program for the Neuse River Basin. 1. PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to the Neuse Basin existing riparian buffer protection program, as described in Section . 2. APPLICABILITY. This Rule applie's to persons who wish to impact a riparian buffer in the Neuse Basin when one of the following applies: a) A person has received ari Authorization Certificate pursuant to Section 4.A.3 fora proposed use that is designated as "allowable with mitigation." b) A person has received a variance pursuant to Section 4.E and is required to perform mitigation as a condition of a variance approval. 3. THE AREA OF MITIGATION. The required area of mitigation shall be determined by either the County according to the following: a) The impacts in square feet to each zone of the riparian buffer shall be determined by the County by adding the following: (1) The area of the footprint of the use causing the impact to the riparian buffer. (2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use. (3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use. b) The required area of mitigation shall be determined by applying the 16