Secondary and Cumulative Impacts Master Management Plan - 2014

Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review 6.4.2. Maps Used to Identify Surface Waters with Riparian Buffers

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. 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 6.4.2, Maps Used to Identify Surface Waters with Riparian Buffers) 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 6.4.1.B, Exception. 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. 6.4.3. On-Site Determination of Surface Waters with Riparian Buffers A. Except as exempted in Section 6.2.2.B, Exemptions, 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: http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations 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. SECTION 6.5. RIPARIAN BUFFER DEVELOPMENT REVIEW 501 6.5.1. Applicability

Morrisville, NC

April 2013 Page 6-5

Unified Development Ordinance - Public Review Draft