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

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9 Price: Concerned about the type of contact that is going to be made to inform of violations. Gooding-Ray: There are safety issues to consider. There are places we: wouldn't want to send people. I've been bitten by a dog and threaten with bodily harm. MOTION was made by Barry Katz to change the civil penalties in the Subdivision section up to $500.00, which will accrue daily. Craufurd Goodwin seconded. Friendly Amendment: Nicole Gooding-Ray made a motion that people who maybe illiterate will have the option for the request to be in writing. VOTE: Unanimous .~~ c. Stream Classification and Buffer Amendments Presenter: Robert Davis, Planner III PURPOSE: To make a recommendation to the Board of County Commissioners regarding the proposed Stream Classification and Buffer Amendments to the Zoning Ordinance. BACKGROUND: The North Carolina Division of Water Quality (DV'1Q) in the Department of Environment and Natural Resources is the agency responsible for statewide regulatory programs in groundwater and surface water protection. The DWQ mission is to ;preserve, protect and enhance North Carolina's water and groundwater resources through quality monitoring programs, efficient permitting, responsible management, fair and effective enforcement and excellence in public service. This charge is carried out through resources at both the; state and local levels. The statewide watershed protection program is an example of state anci local government regulatory powers. The County's watershed protection program requires stream buffers bf; established and enforced along all solid and intermittent blue line streams as identified on the United States Geological Survey (USGS) topographic maps. Presently, stream buffers within Orange County's zoning jurisdiction are only required along streams identified on USGS topographic maps. The USGS maps do not protect all water features that are important to water quality. The DWQ estimates that streams represented on USGS topographic maps underestimate the actual presence of streams by approximately 25%. These underrepresented types of streams, which have a high level of impact on water quality, are not protected at all under the County zoning stream buffer regulations. Another major shortcoming of the sole use of USGS maps is that the streams, which are identified on the maps, are based on aerial photography with no fif;ld verification. This lack of field verifications by the USGS creates problems, acknowledged by the DWQ, with regard to enforcement of the stream buffer regulations on a lot-by-lot basis. Three common problems encountered include, but are not limited to, disputes as to whether a USGS stream actually exists, disputes as to whether the location of said USGS stream is as shown on the map and disputes concerning whether the floodplain is properly mapped based on the inaccurate location of a USGS stream.