Secondary and Cumulative Impacts Master Management Plan - 2014

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Article 6: Riparian Buffers
Section 6.5. Riparian Buffer Development Review
6.4.2. Maps Used to Identify Surface Waters with Riparian Buffers
Morrisville, NC April 2013
Unified Development Ordinance - Public Review Draft Page 6-5
6.4.2. Maps Used to Identify Surface Waters with Riparian Buffers
Only one of the following types of maps shall be used for purposes of identifying surface waters with
riparian buffers subject to this section:
A. The most recent version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture.
B. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared
by the United States Geologic Survey (USGS).
C. A map approved by the Geographic Information Coordinating Council and the North Carolina
Environmental Management Commission (Commission) following a 30-day public notice and
opportunity for comment.
6.4.3. On-Site Determination of Surface Waters with Riparian Buffers
A. A landowner or other affected party (including the North Carolina Division of Water Quality) who
believes the maps used to identify riparian buffers (see Section
inaccurately depict the surface waters subject to these riparian buffer
regulations may request the Town for an on-site determination of the presence, location, and extent
(including the origin point) of such surface waters, or whether the mapped surface waters are
excepted from riparian buffer regulations in accordance with Section
1. The determination shall be conducted by a person who has successfully completed the Surface
Water Identification Training Certification course, or other equivalent training curriculum
approved by the North Carolina Division of Water Quality. The Town may accept the results of
site assessments made by other parties who have successfully completed such training
2. If determining the origin of a stream, the determination shall use the latest version of the North
Carolina Division of Water Quality‘s Identification Methods for the Origins of Intermittent and
Perennial Streams.500
B. Any disputes over on-site determinations shall be referred in writing to the Director of the North
Carolina Division of Water Quality and is subject to review as provided in Articles 3 and 4 of N.C.G.S
150B.
SECTION 6.5. RIPARIAN BUFFER DEVELOPMENT REVIEW501
6.5.1. Applicability
A. Except as exempted in Section Riparian Buffer Development Review is required
before any development, or any other activity listed in Table 6.8, Uses and Activities Permitted in
Riparian Buffers, may be conducted within a riparian buffer.
B. An application for Riparian Buffer Development Review may be submitted and reviewed concurrently
with applications for Conceptual Master Plan Approval, Site Plan Approval, Construction Plan
Approval, Floodplain Development Permit, Stormwater Management Permit, Administrative
Adjustment, or Alternative Equivalent Compliance.
500 Available at:
NC_Stream_ID_Manual.pdf or from the NC Division of Water Quality - 401 Oversight Express Permitting Unit.
501 This sets out the process for reviewing proposals for development or other activity in riparian buffers. It carries forward and
consolidates the procedural provisions and decision-making standards found in Sec. 8.A and Sec. 9.A of the current Riparian Buffer
Ordinance, reformatting them to relate to the standard review standards in Section 2.4 (and do all other review procedures
except those for Stormwater Management Permits). They are also modified to clarify the relationship between finding of no
practical alternatives and Authorization Certificates.