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11 <br />These proposed stream classification amendments would require that. the same type of streams <br />as those listed above have either 65-foot or 80-foot stream buffers. The buffer is <br />dependent on the slope of the land over a 250 area adjacent to the stream. The 65-foot <br />buffer is for situations where the slope is 7.5 percent or less. 'The 85-foot buffer is for <br />situations where the adjacent slope exceeds 7.5 percent. It is unlikely that the buffer <br />would exceed 65 feet due to the minimal slope that normally exists near the <br />headwaters of streams. <br />• There have not been major disputes regarding the enforcement of the Neuse River Basin rules <br />and we would not anticipate an inordinate number of complaints as a result of these <br />ordinance amendments. <br />• These amendments do not `create' streams where none exist. These amendments require that <br />steams that exist or have characteristics of streams be buffered in accordance with the <br />County's stream buffer ordinance. <br />Process <br />1) Public Hearing held on February 24, 2003. Referred to Planning Board for recommendation <br />to return to BOCC no sooner than May 20, 2003 <br />2) Ordinance Review Committee to review amendments Apri12, 2003 <br />3) Planning Board to make recommendation to BOCC <br />4) BOCC to make decision no sooner that May 20, 2003 <br />FINANCIAL IMPACT: There is no public financial impact with this decision. <br />RECOMMENDATION: Planning Staff recommends APPROVAL of the proposed <br />amendments. <br />Davis: Made Staff presentation. <br />Issues discussed: <br />1) Vesting of existing structure <br />2) Variance Procedures to avoid complete taking of property. <br />Ranells: Does this rule cover situations that might arise where there i:; an existing pipe and <br />through some construction and development there is an opportunity to recover that stream. Will <br />this ordinance capture that opportunity? <br />Benedict: If the project comes for our review again by way of subdivision or building permit or <br />special use permit request, we can reevaluate the site and asked that it be returned to our existing <br />standard. <br />Davis: This would not apply unless someone comes in for development like any other rule. <br />Gooding-Ray: Will you update the FEMA Flood Plain maps now? <br />