Agenda - 05-20-2003-8r - Laserfiche WebLink

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19 The Neuse River Basin Rules (North Carolina Administrative Code 15A NCAC 02B.0100 & .0200) currently in effect in the Neuse River Basin require 50-foot stream buffers along identified streams (USGS, soil survey, field verified streams). These proposed stream classification amendments would require that the same type of streams as those listed above have either 65-foot or 80-foot stream buffers. The buffer is dependent on the slope of the land over a 250 area adjacent to the stream. The 65- foot buffer is for situations where the slope is 7.5 percent or less. The 85-foot buffer is for situations where the adjacent slope exceeds 7.5 percent. It is unlikely that the buffer would exceed 65 feet due to the minimal slope that normally exists near the headwaters of streams. • There have not been major disputes regarding the enforcement of the Neuse River Basin rules and we would not anticipate an inordinate number of complaints as a result of these ordinance amendments. • These amendments do not `create' streams where none exist. These amendments require that steams that exist or have characteristics of streams be buffered in accordance with the County's stream buffer ordinance. Process 1) Public Hearing held on February 24, 2003. Referred to Planning Board for recommendation to return to BOCC no sooner than May 20, 2003 2) Ordinance Review Committee to review amendments Apri12, 2003 3) Planning Board to make recommendation to BOCC 4) BOCC to make decision no sooner that May 20, 2003 FINANCIAL IMPACT: There is no public financial impact with this decision. RECOMMENDATION: Planning Staff recommends APPROVAL of the proposed amendments. Davis presented the staff report. Davis: The County enforces stream buffers under the State Watershed Rules, which basically state that buffering is required along streams, intermittent and solid line. We know streams in the County that are not reflected on the USGS maps. This amendment will allow Erosion Control staff, which has been certified by the State, to identify the strearris using the soil survey maps on site, field identification, as well as using the USGS map. Staff proposes to apply the County buffer standard to soil survey streams. In most cases those streams are on the ground but are not protected now. The impact to property owners is that there will be streams that actually exist that will be buffered, the benefit is that you do not have streams eliminated or piped or graded over that aren't protected right now. If the slope is 7.5% you apply a 65-foot stream buffer and if it's greater than or equal to 7.5%, you apply an 80-foot stream buffer. This ordinance provides relief where there is an inaccurate map showing a stream that does not exist. Triebel: This zoning does not apply to bonafide farming land? Davis: No. ,~