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Agenda - 05-20-2003-8r
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Agenda - 05-20-2003-8r
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8/29/2008 9:10:20 PM
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BOCC
Date
5/20/2003
Document Type
Agenda
Agenda Item
8r
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ORD-2003-030 Stream Classification Amendments
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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19 <br />The Neuse River Basin Rules (North Carolina Administrative Code 15A NCAC <br />02B.0100 & .0200) currently in effect in the Neuse River Basin require 50-foot stream <br />buffers along identified streams (USGS, soil survey, field verified streams). <br />These proposed stream classification amendments would require that the same type of <br />streams as those listed above have either 65-foot or 80-foot stream buffers. The buffer <br />is dependent on the slope of the land over a 250 area adjacent to the stream. The 65- <br />foot buffer is for situations where the slope is 7.5 percent or less. The 85-foot buffer is <br />for situations where the adjacent slope exceeds 7.5 percent. It is unlikely that the <br />buffer 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 <br />Basin rules and we would not anticipate an inordinate number of complaints as a result <br />of these ordinance amendments. <br />• These amendments do not `create' streams where none exist. These amendments <br />require that steams that exist or have characteristics of streams be buffered in <br />accordance with the 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 presented the staff report. <br />Davis: The County enforces stream buffers under the State Watershed Rules, which basically <br />state that buffering is required along streams, intermittent and solid line. We know streams in <br />the County that are not reflected on the USGS maps. This amendment will allow Erosion <br />Control staff, which has been certified by the State, to identify the strearris using the soil survey <br />maps on site, field identification, as well as using the USGS map. Staff proposes to apply the <br />County buffer standard to soil survey streams. In most cases those streams are on the ground but <br />are not protected now. The impact to property owners is that there will be streams that actually <br />exist that will be buffered, the benefit is that you do not have streams eliminated or piped or <br />graded over that aren't protected right now. If the slope is 7.5% you apply a 65-foot stream <br />buffer and if it's greater than or equal to 7.5%, you apply an 80-foot stream buffer. This <br />ordinance provides relief where there is an inaccurate map showing a stream that does not exist. <br />Triebel: This zoning does not apply to bonafide farming land? <br />Davis: No. <br />,~ <br />
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