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Home My WebLink AboutPlanning Board agenda 12041925$1*(&2817<3/$11,1*'(3$570(17 :0$5*$5(7/$1(68,7( +,//6%2528*+1257+&$52/,1$ $*(1'$ 25$1*(&2817<3/$11,1*%2$5' NOTE MEETING LOCATION!! :(67&$03862)),&(%8,/',1* 3/$11,1*'(3$570(17&21)(5(1&(5220 :0$5*$5(7/$1(1')/225 +,//6%2528*+1257+&$52/,1$ :HGQHVGD\'HFHPEHU 5HJXODU0HHWLQJ±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±(526,21 &21752/3(50,767R PDNH D UHFRPPHQGDWLRQ WR WKH %2&& RQ SURSRVHG DPHQGPHQWV WR WKH 8'2 SHUWDLQLQJ WR WKH OLIHVSDQ RI DQ HURVLRQFRQWUROSHUPLW7KHVHDPHQGPHQWVDUHVFKHGXOHGIRU%2&& SXEOLFKHDULQJRQ-DQXDU\ 3UHVHQWHU0LFKDHO+DUYH\&XUUHQW3ODQQLQJ6XSHUYLVRU $'-28510(17 ,)$1(0(5*(1&<2&&85625,)<28$5(5811,1*/$7()257+(0((7,1*3/($6(/($9($92,&( 0$,/)253(5',7$+2/7= 2 < November December 2019 January> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Regular BOCC Meeting 7:00 pm Whitted Building Planning Board Meeting 7:00 pm* WCOB 204 8 9 10 11 12 13 14 Board of Adjustment (BOA) Meeting 7:00 pm Whitted Building Regular BOCC Meeting 7:00 pm Southern Human Services 15 16 17 18 19 20 21 OUTBoard Meeting 6:30 pm WCOB 204 22 23 24 25 26 27 28 Holiday Holiday Holiday 29 30 31 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 3 <December January 2020 February> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Notes: * Planning Board Member Attendance Required or Encouraged WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) Holiday 5 6 7 8 9 10 11 Planning Board Meeting 7:00 pm* WCOB 204 12 13 14 15 16 17 18 OUTBoard Meeting 6:30 pm WCOB 204 19 20 21 22 23 24 25 Holiday BOCC Meeting Whitted Building 7:00PM BOCC Retreat 9am – 4pm Location - TBD 26 27 28 29 30 31 Assembly of Governments Whitted Building 7:00pm 1 SUMMARY NOTES1 ORANGE COUNTY PLANNING BOARD2 NOVEMBER 6,20193 TRAINING SESSION4 5 6 NOTE: A quorum is not required for Planning Board Training Sessions. 7 8 9 MEMBERS PRESENT: Kim Piracci, Eno Township Representative; Carrie Fletcher, Bingham Township Representative; 10 Susan Hunter, Chapel Hill Township Representative; Randy Marshall, At-Large Representative11 12 13 STAFF PRESENT: Perdita Holtz, Planning Systems Coordinator14 15 16 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION –Staff will lead training on information contained in 17 the Orange County’s Unified Development Ordinance and, time permitting, basic subdivision 18 information.19 PRESENTER:Perdita Holtz, Planning Systems Coordinator20 21 Perdita Holtz conducted a training session on various aspects of planning.22 23 24 Meeting was adjourned by consensus. 25 5 MEETING MINUTES1 ORANGE COUNTY PLANNING BOARD2 NOVEMBER 6,20193 REGULAR MEETING4 5 6 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Representative; Randy Marshall, At-Large Representative; 7 Kim Piracci, Eno Township Representative; Melissa Poole, Little River Township Representative; Carrie Fletcher, 8 Bingham Township Representative; Susan Hunter, Chapel Hill Township Representative; Gio Mollinedo, At-Large 9 Representative; Patricia Roberts, Cheeks Township Representative; Hunter Spitzer, At-Large Representative;10 11 12 MEMBERS ABSENT:David Blankfard (Vice-Chair), Hillsborough Township Representative; Adam Beeman, Cedar 13 Grove Township Representative; Hathaway Pendergrass, At-Large Representative; 14 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Michael Harvey, 17 Current Planning Supervisor; Tina Love, Administrative Assistant III18 19 20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL21 Chair Lydia Wegman called the meeting to order 22 23 Introductions were made around the table. 24 25 26 AGENDA ITEM 2: INFORMATIONAL ITEMS27 a.Planning Calendar for November and December28 29 Craig Benedict advised the members that there would be an orientation scheduled for new Planning Board members, 30 to be schedule to take place prior to the December 4, 2019 Planning Board meeting and any current members 31 interested in attending are also welcome to attend. 32 33 34 AGENDA ITEM 3: APPROVAL OF MINUTES35 September 4, 2019, Training Session Notes36 September 4, 2019, Regular Meeting37 38 Perdita Holtz: There are 2 corrections to the training session notes. Under the attendance, Kim Piracci is listed as 39 present and she was not at the meeting and my title is listed as Current Planning Supervisor and should be Planning 40 Systems Coordinator. 41 42 Lydia Wegman: Are there any other changes or corrections?43 44 MOTION by Randy Marshall to approve the September 4, 2019 Training Session Notes and Meeting Minutes with 45 corrections . Seconded by Hunter Spritzer.46 VOTE: Unanimous47 48 49 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA. 50 51 There were none52 53 6 D R A F T 54 AGENDA ITEM 5: PUBLIC CHARGE55 56 INTRODUCTION TO THE PUBLIC CHARGE57 The Board of County Commissioners, under the authority of North Carolina General Statute,58 appoints the Orange County Planning Board (OCPB) to uphold the written land development law of 59 the County. The general purpose of OCPB is to guide and accomplish coordinated and 60 harmonious development. OCPB shall do so in a manner, which considers the present and future 61 needs of its citizens and businesses through efficient and responsive process that contributes to62 and promotes the health, safety, and welfare of the overall County. The OCPB will make every 63 effort to uphold a vision of responsive governance and quality public services during our 64 deliberations, decisions, and recommendations.65 66 PUBLIC CHARGE67 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 68 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 69 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 70 public charge, the Chair will ask the offending member to leave the meeting until that individual 71 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 72 until such time that a genuine commitment to this public charge is observed.73 74 75 AGENDA ITEM 6: CHAIR COMMENTS76 77 There were none78 79 80 AGENDA ITEM 7: PLANNING BOARD ANNUAL REPORT AND WORK PLAN -To discuss the annual input form which informs 81 the BOCC of the past year’s activities of advisory boards/commissions and assists in overall County work planning.82 83 PRESENTER:Perdita Holtz, Planning Systems Supervisor84 85 Perdita Holtz reviewed the work plan, current year activities, and emerging issues.86 87 Craig Benedict: In this year’s budget we put $15,000 to assist with the City of Mebane to do a growth strategy in 88 around these economic development zones that are primarily on the outskirts of Mebane. We are working on a 89 request for proposal from the Triad Council of Governments and we’ll probably look for a person or two from this 90 group to be part of our community outreach when we move along a bit further. We need to coordinate with Mebane 91 and a consultant.92 93 Lydia Wegman: How does that fit in with the analysis and revisions to the economic development districts?94 95 Craig Benedict: Presently under our map now we have economic development land use and the County has gone 96 ahead and changed the zoning in that area to that economic development zone. In the commercial/industrial activity 97 transition nodes (CITAN) they change the land use for commercial industrial but they didn’t go forward with rezoning 98 the land. They left it in residential which can be problematic – there probably will be pre-zoning to move forward with 99 preparing them with some designation. 100 101 Perdita Holtz: Going back to emerging issues, from last year still is climate change as an emerging issue and the 102 energy emerging issue which has a lot to do with solar arrays.103 104 Lydia Wegman: Has anything actually happened with that.105 106 7 D R A F T Perdita Holtz: Not at this point.107 108 Craig Benedict: One other thing is transportation issues with the light rail being discontinued but a transit tax is still 109 being collected for enhanced bus service, Amtrak station in Hillsborough and we are in the process probably within 110 the next month of hiring a consultant to help with what is done with the money that has been collect and will be 111 collected for years to come.112 113 Susan Hunter: When is the Amtrak station for Hillsborough supposed to be built?114 115 Craig Benedict: We’re still 5 years out on that. Now they are looking at that same train track for heavy rail. That 116 study is in process now and Hillsborough would be one of the stops.117 118 Hunter Spitzer: Were these 10 goals decided by the planning staff.119 120 Craig Benedict: It was a combination of the planning and transit staff for all of the towns in Orange County and 121 elected officials. It goes back to 2011. I’ll bring the executive summary to the next meeting that explains where we 122 are going.123 124 Perdita Holtz: So the recommendation for this item for tonight is to discuss if any additional activities that should be 125 added to the emerging issues lists and then to either approve the work plan or, if the revisions are extensive, to ask 126 staff to incorporate the results and bring it back in final form to the December meeting.127 128 Craig Benedict: Let me mention, as part of the update to our Comprehensive Plan that was adopted in 2008 there is 129 roughly a 10 year window on that and we were going to wait for the 2020 Census to help us collect some more data. 130 The idea is to meet with other advisory boards in the coming year to create better cross pollination. As we have been 131 submitting regulation changes such as the access management plan, that was approved last year but this Board, 132 what is very good for transportation might seem like an impediment to economic development. The goal of planning 133 is to push environment, equity, infrastructure, and economic development together.134 135 Lydia Wegman: Does anyone have any other questions or comments? 136 137 MOTION by Kim Piracci to approve the Annual Report and Work Plan. Seconded by Randy Marshall138 VOTE:Unanimous139 140 141 AGENDA ITEM 8: ADJOURNMENT142 Meeting was adjourned by consensus143 144 145 146 Lydia N. Wegman, Chair147 8 SUMMARY NOTES1 ORANGE COUNTY PLANNING BOARD2 NOVEMBER 6,20193 ORDINANCE REVIEW COMMITTEE4 5 6 NOTE:A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS.7 8 9 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Representative; Randy Marshall, At-Large Representative; 10 Kim Piracci, Eno Township Representative; Melissa Poole, Little River Township Representative; Carrie Fletcher, 11 Bingham Township Representative; Susan Hunter, Chapel Hill Township Representative; Gio Mollinedo, At-Large 12 Representative; Patricia Roberts, Cheeks Township Representative; Hunter Spitzer, At-Large Representative;13 14 15 STAFF PRESENT:Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor; 16 Tina Love, Administrative Assistant III17 18 19 AGENDA ITEM 1: Call to Order 20 21 22 AGENDA ITEM 2:UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –EROSION CONTROL PERMITS-To 23 review and discuss proposed amendments to the UDO pertaining to the lifespan of an erosion control permit. These 24 amendments are scheduled for Planning Board recommendation on December 4, 2019 and for BOCC public hearing 25 on January 21, 2020 26 27 PRESENTER:Michael Harvey, Current Planning Supervisor28 29 Michael Harvey reviewed the proposed amendments to the UDO and provided background information. 30 31 Hunter Spitzer: After the permits are issued, what is the staff’s and County’s responsibilities?32 33 Michael Harvey: Our responsibility is to continue to inspect the sites, in some cases, on a weekly basis to ensure 34 compliance to the erosion control plan.35 36 Hunter Spitzer: That is spelled out on a permit by permit basis?37 38 Michael Harvey: Yes, and no it’s not the same per permit. It depends on the nature of the development.39 40 Hunter Spitzer: I have a comment about the consideration of past performance.41 42 Michael Harvey: That’s a state rule but I’d like to hear your comment43 44 Hunter Spitzer: So the state rule is that an applicant’s record may be considered for up to two years prior to the 45 application date, it seems that if we are extending the erosion control, we would extend that as well – to five years.46 47 Michael Harvey: We can look into that but I think I am going to be pretty limited. As a reminder, we will have to 48 submit this ordinance package to the state for approval. They don’t allow us to operate carte blanche – we are a 49 locally delegated program but we do have a tight leash. I can look into the past performance issue.50 51 52 9 D R A F T AGENDA ITEM 3:WEST FORK ON THE ENO RESERVOIR - To begin review and discussion on proposed amendments to 53 the UDO pertaining to the West Fork on the Eno reservoir to address concerns over reservoir setbacks. The 54 expected timeline for the Planning Board recommendation and BOCC public hearing has not yet been determined.55 56 PRESENTER:Michael Harvey, Current Planning Supervisor57 58 Michael Harvey reviewed the proposed amendments to the UDO regarding reservoir setbacks and provided 59 background information. 60 61 Carrie Fletcher: How many residents does it affect? 62 63 Michael Harvey: A couple dozen. 64 65 Patricia Roberts: Wouldn’t you have to buy their house if did penalize them? 66 67 Michael Harvey: Hillsborough would, in my mind, have to buy their house but that’s me saying that. 68 69 Craig Benedict: Hillsborough should have bought all the way up to that 150’ from their future pool area, 70 I think they were trying approximate that 150’ area but it should have been from their phase II reservoir 71 not their, possibly phase I reservoir pool area. 72 73 74 ORC was adjourned through consensus75 76 10 25$1*(&2817< 3/$11,1*%2$5' $&7,21$*(1'$,7(0$%675$&7 0HHWLQJ'DWH 'HFHPEHU 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Representative; Melissa Poole, Little River Township Representative; Carrie Fletcher, 11 Bingham Township Representative; Susan Hunter, Chapel Hill Township Representative; Gio Mollinedo, At-Large12 Representative; Patricia Roberts, Cheeks Township Representative; Hunter Spitzer, At-Large Representative;13 14 15 STAFF PRESENT:Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor; 16 Tina Love, Administrative Assistant III17 18 19 AGENDA ITEM 1:Call to Order 20 21 22 AGENDA ITEM 2:UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –EROSION CONTROL PERMITS-To 23 review and discuss proposed amendments to the UDO pertaining to the lifespan of an erosion control permit. These 24 amendments are scheduled for Planning Board recommendation on December 4, 2019 and for BOCC public hearing 25 on January 21, 2020 26 27 PRESENTER:Michael Harvey, Current Planning Supervisor28 29 Michael Harvey reviewed the proposed amendments to the UDO and provided background information. 30 31 Hunter Spitzer: After the permits are issued, what is the staff’s and County’s responsibilities?32 33 Michael Harvey: Our responsibility is to continue to inspect the sites, in some cases, on a weekly basis to ensure 34 compliance to the erosion control plan.35 36 Hunter Spitzer: That is spelled out on a permit by permit basis?37 38 Michael Harvey: Yes, and no it’s not the same per permit. It depends on the nature of the development.39 40 Hunter Spitzer: I have a comment about the consideration of past performance.41 42 Michael Harvey: That’s a state rule but I’d like to hear your comment43 44 Hunter Spitzer: So the state rule is that an applicant’s record may be considered for up to two years prior to the 45 application date, it seems that if we are extending the erosion control, we would extend that as well – to five years.46 47 Michael Harvey: We can look into that but I think I am going to be pretty limited. As a reminder, we will have to 48 submit this ordinance package to the state for approval. They don’t allow us to operate carte blanche – we are a 49 locally delegated program but we do have a tight leash. I can look into the past performance issue.50 Attachment 1 14 Updated 05/01/19 FAQ Page 1 of 2 Erosion Control & Stormwater Requirements For Land Disturbing Activities FAQ’s 1. Is single-family residential exempt from Erosion Control & Stormwater requirements? • No. The Unified Development Ordinance considers both residential and commercial projects as land disturbance. 2. Are there any exemptions from Erosion Control & Stormwater requirements? • Current exemptions for land disturbance come from the Sedimentation Pollution Control Act of 1973 and are outlined below. If you believe you qualify for such an exemption, we ask that you complete an Orange County Sworn Declaration of Exemption for Land Disturbing Activity Pursuant to NCGS 113A-52.01. This will be saved to the Parcel Manager module of our Land Management Central Permitting System and available to all with access to ascertain the nature of your land disturbing activities. This will help minimize our efforts in responding to any related inquiries, including observations by Orange County staff. • Please note that, if there is a residential development component to the land disturbing activity, land disturbance related to the residential development is not exempt and will be subject to Land Disturbing Permit requirements. • Exempt land disturbing activities include… (1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including: a) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. b) Dairy animals and dairy products. c) Poultry and poultry products. d) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. e) Bees and apiary products. f) Fur producing animals. g) Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. 15 Attachment 2 Updated 05/01/19 FAQ Page 2 of 2 (2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. (3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. (4) For the duration of an emergency, activities essential to protect human life, including activities specified in an executive order issued under G.S. 166A- 19.30(a)(5). (5) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (6) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2 (January 1, 2014 Edition). (1993 (Reg. Sess., 1994), c. 776, s. 2; 1997- 84, s. 1; 2014-100, s. 14.7(k); 2015- 263, s. 19; 2016-113, s. 14.) 3. How much can I clear or grade without requiring an Erosion Control Plan, Land Disturbing Permit, and/or a Stormwater Management Plan? • The following watershed matrix outlines land disturbance thresholds for erosion control, stormwater, and nutrient exports for each watershed in the County. • Special conditions apply in the following watersheds: University Lake Watershed / University Lake Critical Area Cane Creek Watershed / Cane Creek Critical Area Upper Eno Watershed / Upper Eno Critical Area The Board of County Commissioners requires Staff to review any proposed disturbance in the above noted watersheds due to the proximity of these areas to surface waters. As long as the project is less than the 10,000 square feet erosion control threshold, no additional plans need to be submitted. The building permit application will be evaluated and if no issues are noted, a Waiver will be issued for the project at no cost. The applicant will be required to sign the Waiver, acknowledging the conditions set forth therein. 4. Who should I contact if I have further questions concerning Erosion Control & Stormwater requirements in Orange County? ¾ In the Upper Neuse River Basin or the Roanoke River Basin, call Wesley Poole (919) 245-2587. ¾ In the Cape Fear River Basin, call Steve Kaltenbach (919) 245-2588. 16 When do I need an erosion control plan, land disturbing permit and/or a stormwater management plan? ^͗ͰϱͺƌŽƐŝŽŶŽŶƚƌŽůĂŶĚtĂƚĞƌYƵĂůŝƚǇͰtĞďƐŝƚĞͰKͲtĂƚĞƌƐŚĞĚͲͲ^tͲEƵƚƌŝĞŶƚDĂƚƌŝǆϮϬϭϵ͘ĚŽĐǆ hƉĚĂƚĞĚϬϰͬϮϵͬϭϵ When proposed land disturbance exceeds thresholds listed below. WATERSHED EROSION CONTROL (OC UDO) STORMWATER (15A NCAC 02B .0265 Jordan Rules; 15A NCAC 02B .0277 Falls Rules) NUTRIENTS Other SFH / Duplex or Recreational N P CAPE FEAR Haw River Arm Back Creek 20,000 21,780 43,560 3.8 1.43 Haw Creek 20,000 21,780 43,560 3.8 1.43 Cane Creek *10,000 21,780 43,560 3.8 1.43 Cane Creek Critical Area *10,000 21,780 43,560 3.8 1.43 Haw River (protected) 20,000 21,780 43,560 3.8 1.43 Haw River (unprotected) 20,000 21,780 43,560 3.8 1.43 U New Hope Arm Jordan Lake (unprotected) 20,000 21,780 43,560 2.2 0.82 Jordan Lake (protected) 20,000 21,780 43,560 2.2 0.82 University Lake *10,000 21,780 43,560 2.2 0.82 University Lake Critical Area *10,000 21,780 43,560 2.2 0.82 NEUSE Falls Lake Flat River 20,000 12,000 21,780 2.2 0.33 Little River 20,000 12,000 21,780 2.2 0.33 Upper Eno *10,000 12,000 21,780 2.2 0.33 Upper Eno Critical Area *10,000 12,000 21,780 2.2 0.33 Lower Eno (unprotected) 20,000 12,000 21,780 2.2 0.33 Lower Eno (protected) 20,000 12,000 21,780 2.2 0.33 ROANOKE Hyco Creek 20,000 NA NA NA NA South Hyco Creek 20,000 43,560 43,560 NA NA Notes: 1. Thresholds are listed in square feet 2. If part of common plan of development and below above thresholds, please consult NCDEQ for NCG010000 process. 3. Nutrients listed in pounds/acre/year 4. 43,560 square feet = 1 acre 5. Also be aware your site plan may be constrained by riparian buffer requirements and impervious limitations, in addition to typical zoning setback requirements. 6. Jordan Lake nutrient export regulations not currently enforced. *Waiver required 17 ?k ?ª ?ª Aæ ?r I§ I§ K© !"c$!"_$ !"_$ !"c$ ?o Ir Ir KÊ Roanoke River Basin Neuse River Basin Cape Fear River Basin Hyco Creek South Hyco Creek Flat River Little River Upper Eno Back Creek Haw Creek Lower Eno (unprotected)Lower Eno (protected) Cane Creek Jordan Lake (unprotected) Jordan Lake (protected) University LakeHaw River (unprotected) Haw River (protected) Upper Eno Critical Area Cane Creek Critical Area University Lake Critical Area Te xt West Fork on the Eno Reservoir NPE 643' Lake Orange NPE 615' Cane Creek Reservoir NPE 500' University Lake NPE 349' Seven Mile Creek NPE 581' Lake Ben Johnston NPE 515' Corporation Lake NPE 538'BRADS H A W Q U ARRY R D OLD GRE E N S BORO R D O R A N G E G R O V E RDS TM A R Y S R D ERWINRDM T S I N A I RD L I T T LE RIVER CHURCH RD W C A ME R O N A V EW FRAN K LI N S T E S T E SDRBUTLERRDBUCKHORNRDDAIRYLANDRD HOMESTEAD RD OAKDAL E D R DAMAS C US C H U RCHRDW CORN W A LLISRD LEBANON RD OLD DURHAM RDMILLCREEKRDHARMONY CHURCHRD WESTHIL L AVENRALEIGH RD LITTLE R I V E R C H U R C H R D W MAI N S T EFRANKLINSTT E R R YRD W TRYON ST WALNUTGROVECHURCHRDGRAYRD OLD NC 10 W WEAVER ST PEARSON R D SO U T H R DODETURNERR D HAR MONYCHURCHRD N ESTESD RNEWHOPECHURCHRD BREEZE RD W EST TEN RD WEAVER DAIRY RDM IL L E R RDI85US70CONNECTORS C H L E YRD S COLUMBIA STEBENEZER CHURCH RD JO N ESFE R R Y R D UNIVERSITYSTATIONRDM A N NING D RMC D A DE STORERD FERGUSONRD E TRYON ST C A R R S T O R E R D DIMMOCKSMILLRDDODSONSXRDSB O W M A N R D COL E M ILL R DBORLA N DRD H A R M ON Y C H U R C H R D HATCHRDCARLDU RHAMRDWEAVER DAIRY R D SESTESDR RALEIGH R D ARTHUR MINNIS R D LAWS STORE RD MT WILLING RD B ORL ANDRDFRAZIERRDE B E N E Z E R C H U R C H RDWHITFIE LD RDMATTRESS FACTORY RDO L D H I L L S B O R O U G H R D KENION RD ALLISON STDA VISRDOLDFAYETTEVILLERDBALDWINRDS A W M IL L RD H I G HL ANDF AR MR D BACON RDCAVINESSJORDANRDSA WYERRDFOR D H A M BLVDIRA RDOLDFAYETTEVILLERDBILL P O OLERDMCKEE RD E U B A N K S RD MCBROOMR D MTZI ONCHURCHRD O R M O ND RD HOLLY RID GE RDG O V E R N O R S COTTRDBACON RD TE ER R D OLIN RD PENECOSTRDKI GER RD Y A R BO R O U G HRDHE STER RDBUSH Y C O O K R D NICKSRDW ILDCATCREEKRDVERNONRDCLAIBORNE S R D STANFORD R D WILKERSONRDOLDNC86OLDNC86PLEASANTGREENRDPLEASANTGREENRDFAUCETTEMILLRD HIL L S BORO U G H RDHURDLEMILLSRDMTHERMONCHURCHRDH U NTRDSGREENSBOROSTCRAWFORDDAIRYRDM TW IL L IN G R D LAWRENCERDN NASH STSMITHLEVELRDEFLANDCEDARGROVERDSCHURTONSTSADDLECLUBRDN E W S H A R O N C H URCHRD NEVILLE RDOAKGR O V E C H U R C H RDC HESTNUTRIDGECHURCHRDE N O MOU N T A I N R D WEAVER DAIRY RDTURKEYFAR M RDMEBANEOAKSRDBOWDENRD MARYHALLRDCOLE MA NLOO P RO G E R S RDWHITECROSSRDKERLEYRDF RA NKPERRYRD BROOKHOLLOWRDHA W K INS RD MARY HALL RDMEBANEOAKSRDALLIS ONRDCORBETTR I D G E R D B R O W N RD WADEL OOPCOLLINSMOUNTAINRDCOMPTONRDATKINSRDOrange County Watersheds 01234 Miles 1 inch = 2.75 miles Orange County Planning & Inspections Department GIS map prepared by Brian Carson Projection: State Plane Datum: North American 1983 Watersheds/Critical Areas/Basins Data: November, 2005 Revision Note: This watershed map replaces previous versions. Reference: Orange County Zoning Ordinance UECA revision adopted June 1, 2010 · 4/13/2015 Legend Water Supply Watersheds: Protected Unprotected Critical River Basin Boundary Watersheds Streams Municipal Jurisdiction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x /DQG 8VH *RDO /DQG GHYHORSPHQW UHJXODWLRQV JXLGHOLQHV WHFKQLTXHV DQGRU LQFHQWLYHV WKDW SURPRWH WKH LQWHJUDWHG DFKLHYHPHQWRIDOO 7KHVH DPHQGPHQWV DUH FRQVLVWHQW ZLWK WKLV JRDO DQG REMHFWLYHE\HVWDEOLVKPHQWDUHDOLVWLFWLPHOLPLWRQDSSURYHG HURVLRQFRQWUROSODQVDQGHOLPLQDWLQJH[LVWLQJUHGXQGDQF\LQ WKHOLVWLQJRIHURVLRQFRQWUROSHUPLWWLQJUHTXLUHPHQWVWKHUHE\ HQVXULQJFRQVLVWHQWDSSOLFDWLRQRIGHYHORSPHQWUHJXODWLRQV JXLGHOLQHVDQGWHFKQLTXHV x /DQG8VH*RDO±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ttachment 3 19 7KH3ODQQLQJ%RDUGKHUHE\DGRSWVWKLV6WDWHPHQWRI$SSURYDODQG&RQVLVWHQF\DVZHOO DVWKHILQGLQJVH[SUHVVHGKHUHLQ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB /\GLD:HJPDQ&KDLU'DWH 20 UDO AMENDMENT PACKET NOTES: The following packet details staff’s proposed modifications to the Unified Development Ordinance (UDO) designed to streamline existing language, eliminate contradictory standards, and establish a realistic expiration for erosion control plan approvals. The amendment(s) involve modification to Section(s): ¾2.18 Land Disturbing Permits; and ¾2.19 Soil Erosion and Sedimentation Control Plans As part of this amendment, package: xRed Underlined Text:Denotes new, proposed text that staff is suggesting be added to the UDO xRed Strikethrough Text:Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large “X” through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development- Ordinance-PDF Attachment 4 21 Article 2: Procedures Section 2.18: Land Disturbing Permits Orange County, North Carolina – Unified Development Ordinance Page 2-64 2.17.5 Approval Criteria (A) No application for a plat vacation shall be approved unless it complies with all applicable requirements of this Ordinance. (B) The approving entity shall not approve an application for a plat vacation if it will materially injure the rights of any non-consenting property owner or any public rights related to public improvements unless expressly agreed to by the agency with jurisdiction over such improvements. 2.17.6 Recording (A) After the new plat is approved, the plat must be recorded, within 60 days, with the Register of Deeds Office. (B) Upon the execution and recording of the new plat, the vacated plat has no effect. (C) The re-subdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this Article for an original plat. SECTION 2.18: LAND DISTURBING PERMITS 2.18.1 Generally (A) In accordance with the provisions of Section 6.15 of this Ordinance, aA lLand dDisturbing pPermit shallmust be obtained from the Erosion Control Officer prior to the commencement of regulated land disturbing activity in accordance with Section 6.15.2 of this Ordinance. Before starting a land-disturbing activity greater than 20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds, the owner or his/her duly appointed agent shall obtain a Land Disturbing Permit from the Erosion Control Officer1. (B) Land Disturbing Permits must be obtained prior to the start of the land disturbance. 2 (B) In accordance with Section 2.19 of this Ordinance, an Erosion Control Plan shall be approved prior to the issuance of a land disturbing permit. A Land Disturbing Ppermit shall not be issued unless and until an erosion control plan has been submitted approved by the Erosion Control Officer in accordance with this Ordinance. 3 (C) Every permit issued by the Erosion Control Officer shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activity. 4 (D) If a developer, corporation, private landowner or other person proposes to perform construction/filling activities in or near a lake, stream, creek, tributary or any unnamed body of water and its adjacent wetlands, Federal permit authorization may be required by the U.S. Army Corps of Engineers prior to commencement of earth disturbing activities. (1) Filling activities include, but are not limited to, construction of road crossings, sewer or utility line installations, grading, placement of spoil from ditching or other excavations, or placement of fill for commercial or residential development. 1ThedisturbancethresholdsaredetailedinSection(s)6.15.5and6.15.6respectively.Thereisnoreasontorepeat themthroughouttheUDO.Bydoingso,everytimeyouamendsaiddisturbancethresholdsyouarehavingto amendmultiplesectionsofthedocument. 2ThislanguageisnowcontainedinSection2.18.1(A)anddoesnotneedtoberepeated. 3MovedfromSection2.18.2(B)withadditionalreferencestotheappropriatesectionoftheUDO. 4Staffisstillreviewingtheneedforthisstatement.Ifadisturbancepermitisrequiredtohaveanapproved erosioncontrolplan,andallsuchplanshastodemonstratecompliancewithSection6.15,thisprovisionisalready coveredmultipletimesanddoesnotneedtoberepeated.Atthistime,staffisnotproposinganychange. 22 Article 2: Procedures Section 2.18: Land Disturbing Permits Orange County, North Carolina – Unified Development Ordinance Page 2-65 (2) A wetlands determination and specific permit requirements may be obtained from the Raleigh Field Office of the U.S. Army Corps of Engineers.5 2.18.2 Application Requirements (A) An application for a Land Disturbing PermitApplications for Land Disturbing Permits shall be filed with the Erosion Control Officer on forms provided by the Planning Department and shall be accompanied by the required fee per the approved fee schedule. (B) Erosion Control Plans must be approved prior to issuance of a Land Disturbing Permit.6 2.18.3 Exemptions No permit is required for the following activities: (A) For the purpose of fighting fires. (B) For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. (C) For disturbances that do not exceed 20,000 square feet in surface area, or 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno WatershedsFor Land disturbing activities that do not exceed established land disturbance thresholds as detailed in Section 6.15 of this Ordinance. In determining the area, lands under one or diverse ownership being developed as a unit shall be aggregated. 2.18.4 Erosion Control Plan Required An Erosion Control Plan must be submitted to the Erosion Control Officer when the proposed land disturbance is greater than 20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds.7 2.18.52.18.4 Expiration of Land Disturbing Permits (A) Erosion Control Plan The Erosion Control Officer may establish an expiration date for Erosion Control Plans approved under this Ordinance. Erosion Control Plan Approvals expire 18 months after the approval date unless the land disturbance is started as defined in (C) below. 8 (B) Land Disturbing Permits (1) A Land Disturbing Permit must be obtained before beginning the disturbance and may be obtained at any time as long as the Erosion Control Plan Approval is valid. 9 5StaffisattemptingtoascertainifthisprovisionneedstobeinSection2.19ratherthanwherecurrentlylocated. 6MovedtoSection2.18.1ofthisOrdinance. 7ThisisanattempttostreamlinetheUDO.IftheUDOreferencestheneedforanerosioncontrolplan,thenwedo notneedtorepeatthisrequirement3timesinSection2.18. 8Section2.18isintendedtoaddresslanddisturbingpermits.Section2.19addresseserosioncontrolregulations. ThissectiondoesnotbelonginSection2.18.SuchlanguagebelongsinSection2.19. 9AlreadyaddressedinSection2.18.1anddoesnotneedtoberepeated. 23 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-66 (2) Land Disturbing Permits expire with consistent with the expiration of the previously approved Erosion Control Plan Approval unless the disturbance has begun. Once the disturbance begins, a Land Disturbing Permit is valid for a period of two years starting with the commencement of the disturbance, as defined in (C) below.10 (3) The Land Disturbing Permit must be renewed if the disturbance continues more than two years. The renewal fee is one half the original fee and the permit is valid for one year. (C) Start of Activity For the purpose of determining the expiration date of the Erosion Control Plan Approval and Land Disturbing Permit, the land-disturbing activity is considered to have started when the pre-construction conference has been held, the necessary erosion control practices have been properly installed, and the site clearing or grading has begun. 11 SECTION 2.19: SOIL EROSION AND SEDIMENTATION CONTROL PLANS 2.19.1 Generally An Erosion Control Plan shall be prepared required for all land-disturbing activities subject to the provisions of this Ordinance in accordance wirth Section 6.15.2. whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, if more than 20,000 square feet are to be uncovered. 2.19.2 Application Requirements (A) An application for approval of an Erosion Control Plan shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) Three physical copies and one electronic copy of the Erosion Control Plan shall be filed with the Erosion Control Officer. (1) The Erosion Control Officer shall forward one copy of the Erosion Control Plan to the Orange Soil and Water Conservation District at least 30 days prior to the commencement of the proposed activity. (C)(2) The Erosion Control Officer shall forward one copy of the Erosion Control Plan to the Director of the NC Division of Water Quality for any land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table.12, 13 2.19.3 Components of Complete Erosion Control Plan (A) Generally In order to be considered complete, a plan submitted for approval must contain the proposed Erosion Control Plan, the completed application, the statement of financial responsibility and ownership, and the required plan review fee. The 30-day review period begins when all of the components of the complete plan are received. (B) Plan Content 10Alanddisturbancepermitisthetoolutilizedtoimplementanapprovederosioncontrolplan.Ifweestablish thattheapprovedplanhasaspecific‘shelflife’thepermitdoesnotneedaseparatetimeframewithrespectto expiration. 11SimilarlanguagemovedtoSection2.19. 12Changerecommendedforformatconsistencyonly. 13These2sectionsarenotreallyapplicationrequirements.Staffisreviewingtheneedtomovethemtoamore appropriatesection. 24 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-67 (1) The plan required by this section shall contain such architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as are needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. (2) The plan shall comply with all applicable State and local regulations for erosion and sediment control. (3) Plan content may vary to meet the needs of specific site requirements.14 (C) Review of Other Environmental Documents (1) Any plan submitted for a land-disturbing activity for which an environmental document (either an assessment or impact statement) is required by the North Carolina Environmental Policy Act (G.S. 113A-1, et seq.) or the provisions of this Ordinance, 15shall be deemed incomplete until a complete environmental document is available for review. (2) The Erosion Control Officer shall promptly notify the person submitting the plan that the 30-day review period of the plan pursuant to Section 2.19.5 of this Ordinance shall not begin until a complete environmental document is available for review. (3) The approval of the Erosion Control Plan is conditioned on the applicant’s compliance with Federal and State Water Quality laws, regulations, and rules. (D) Financial Responsibility and Ownership (1) Plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney-in- fact. (2) The statement shall include the mailing and street addresses of the principal place of business of: (1) the person financially responsible, (2) the owner of the land, and (3) any registered agents. (3) If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the North Carolina Sedimentation Pollution Control Act of 1973, this Ordinance or rules or orders adopted or issued pursuant to this Ordinance. (4) If the applicant is not the owner of the land to be disturbed, the draft Erosion Control Plan must include the owner’s written consent for the applicant to submit a draft Erosion Control Plan and to conduct the anticipated land-disturbing activity. 2.19.4 Review by the Soil & Water Conservation District 16 (A) The Orange Soil and Water Conservation District shall review the Erosion Control Plan and submit any comments and recommendations to the Erosion Control Officer within 20 days after the Soil and Water Conservation District received the Erosion Control Plan., or within any shorter period of time as may be agreed upon by the District and the Erosion Control Officer. 17 14Staffbelievesthislanguageneedstobeeliminated.WehavespecificstandardscontainedinSection6.15that havetobeadheredto.Staffdoesnothavetheadministrativeauthorityto‘waive’therequirementsoftheUDO. 15TheUDOcontainsrequirementsforthecompletionofenvironmentalassessmentsandimpactstatementsas well(seeSection6.16).Thisneedstobereferencedwithinthissectionaswell. 16Thisiswherestaffisconsideringmovingexisting,highlighted,languagefromSection2.19.2. 17Superfluouslanguagebeingeliminated. 25 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-68 (B) Failure of the District to submit its comments and recommendations to the Erosion Control Officer within 20 days or any agreed- upon shorter period of time shall not delay final action on the Erosion Control Plan. 2.19.5 Review and Response to Erosion Control Plans (A) The Erosion Control Officer shall review each complete Erosion Control Plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been: (1) Approved, (2) Approved with modifications, (3)(2) Approved with conditions, or Approved with performance reservations, (4) , or (5)(3) DisapprovedDenied. (B) Examples of conditions of approval are, but not limited to: (1) Channel stabilization must be successful or another type of lining must be used; (2) Delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas; (3) Providing a performance security to provide permanent ground cover; and/or (4) Requiring the person financially responsible to retain the services of a professional engineer or architect to supervise implementation of the approved Erosion Control Plan. (C) Disapproval of a plan must specifically state in writing the reasons for disapproval. 2.19.6 Timeframe for Review of Erosion Control Plan An complete Erosion Control Plan shall be deemed approved if the Failure Erosion Control Officer fails to take action, consistent with Section 2.19.5 of this Ordinance, to approve, approve with conditions, approve with modifications or disapprove a complete Erosion Control Plan within 30 days of receipt of the complete plan shall be deemed approval. 2.19.7 Required Revisions (A) If, following commencement of a land-disturbing activity pursuant to an approved plan, the Erosion Control Officer determines that the plan is inadequate to meet the requirements of the soil erosion and sedimentation provisions of this Ordinance, the Erosion Control Officer may require any revision of the plan that is necessary to comply with the soil erosion and sedimentation provisions of this Ordinance. (B) After approving an Erosion Control Plan, if the Erosion Control Officer, either upon review of such Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Erosion Control Officer shall require a revised Plan. (C) Pending the preparation and approval of a revised Erosion Control Plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. 2.19.8 Timeframe for Review of Revised Erosion Control Plan Failure to approve, approve with conditions, approve with modifications, or disapprove deny a revised Erosion Control Plan within 15 days of receipt shall be deemed approval of the plan. 26 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-69 2.19.9 Timeframe for Response to Review Comments (A) If the person or firm submitting an Erosion Control Plan fails to respond to comments or correspondence from the Erosion Control Officer with either revised plans or written correspondence within 90 days, the Erosion Control Officer shall assume that the application for plan approval has been abandonedshall be deemed abandoned.. (B) The Erosion Control Officer shall give written warning via certified mail thirty days before expiration in writing to the person or firm submitting the plan before terminating the review. (C) In accordance with Section 2.2, Erosion Control Plan review fees are not refundable. 2.19.10 Erosion Control Plan Expiration (A) An approved Erosion Control Plan shall expire and become void after 18 months from the date of approval unless land disturbing activities have commenced . (1) Land disturbing activities are considered to have commenced when a land disturbance permit has been issued and, the pre-construction conference has been held,. (B) Once a land disturbing activities have commenced, an approved Erosion Control Plan shall be valid for 5 years from its approval. 2.19.102.19.11 Erosion Control Plan Amendments (A) Application for amendment of an Erosion Control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. (B) Until such time as said amendment is approved by the Erosion Control Officer, the land- disturbing activities shall not proceed except in accordance with the Erosion Control Plan as originally approved. (C) The provisions of subsection 2.19.7 (B) and (C) shall also apply to amended Erosion Control Plans. 2.19.112.19.12 Consideration of Applicant’s Past Performance (A) The Erosion Control Officer may disapprove an Erosion Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land-disturbing activity without an approved Erosion Control Plan, or has received notice of violation of an Erosion Control Plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 or a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973. 27 Article 2: Procedures Section 2.20: Stream Buffers –Use Authorization Certificate Orange County, North Carolina – Unified Development Ordinance Page 2-70 (B) For purposes of this subsection (2.19.112)18 an applicant's record may be considered for only the two five 19years prior to the application date. (C) The Erosion Control Officer shall notify the applicant and the State’s Director of the Division of Land Resources of a disapproval issued under the provisions of this subsection within 10 days. The notification shall be in writing and shall include the specific reasons the Erosion Control Plan was disapproved. 2.19.122.19.13 Erosion Control Plan Available of Site A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. 2.19.132.19.14 Notice of Activity Initiation No person may initiate a land-disturbing activity before notifying the Erosion Control Officer of the date that land-disturbing activity will begin. 2.19.142.19.15 Preconstruction Conference When deemed necessary by the Erosion Control Officer a preconstruction conference may be required. SECTION 2.20: STREAM BUFFERS –USE AUTHORIZATION CERTIFICATE 2.20.1 Use Authorization Certificate (A) Application Requirements (1) An application for a Use Authorization Certificate shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (2) Complete applications shall include the following: (a) The name, address and phone number of the applicant; (b) The nature of the activity to be conducted by the applicant; (c) The location of the activity, including the jurisdiction; (d) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (e) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (f) Plans for any best management practices proposed to be used to control the impacts associated with the activity. (B) Timeframe for Review (1) All requests shall be reviewed by the Erosion Control Officer and either approved or denied within 60 days of receipt of a complete application. (2) Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated “no practical alternatives.” 18UpdatingSectionreferencenumber. 19StaffisincorporatingasuggestionmadebythePlanningBoard.Aswearemodifyingthe‘expirationdate’foran approvedplanitmakessensetomodifythetimeframebywhichtheCountyisconsideringacontractor’spast performancewithrespecttonewsubmittals.ThismodificationwillneedtobeapprovedbytheState. 28