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HomeMy WebLinkAboutAgenda - 02-24-2003-c1b~~v ORANGE COUNTY BOARD OF COMMISSIONERS and PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: February 24, 2003 Action Agenda Item No. C.1.b SUBJECT: Stream Classification and Buffer Amendments DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) YES ATTACHMENT(S): INFORMATION CONTACT: Proposed Ordinance p. 3 Craig Benedict, Director, Ext. 2592 Stream Classification Checklist p. 5 Robert P. Davis, Planner III Ext. 2580 Reynolds Ivins, EC Supvr. Ext. 2456 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive citizens comments regarding the proposed Stream Classification amendment within the Stream Buffer Section of the Zoning Ordinance. BACKGROUND: The North Carolina Division of Water Quality (DWQ) 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 and local government regulatory powers. The County's watershed protection program requires stream buffers be 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 field 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. G:currentplanning/eddie/streambuffer/abstract-streamclassification (Feb24,2003) X14 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. The State's original decision to require the use of USGS maps at the time the watershed protection rules were adopted was due to the fact that the USGS maps were available throughout the state while better maps, such as the Soil Survey, were not. Orange County adopted the USGS maps `by reference', as did other jurisdictions throughout the State. Due to the `by reference' adoption of the USGS maps the County's ability to `relocate' the stream is not available and the procedure for correcting an inaccurate stream location on a USGS map at the Federal level is lengthy and expensive. Furthermore, the correction of one inaccurate stream on a USGS map does not necessarily mean that inaccuracies for other streams on the same map are corrected. There are better methods than the use of static maps to protect stream quality and watersheds, the two most notable being DWQ certification of local governmental personnel and delegated authority. Orange County now has staff members trained in identifying surface water features that have a direct impact on water quality. Prior to receiving delegated authority for enforcement of the Neuse River Buffer rules from DWQ, each member of the Orange County Erosion Control staff received 50 hours of field training and classroom testing under the Surface Water Identification Training and Certification (SWITC) program. House Bill 1257 mandated the SWITC certification program to be taught by DWQ staff. This training, which is intended to ensure the enforcement of rules enacted by the N.C. Environmental Management Commission, is deemed sufficient by DWQ for stream identification use and establishing buffers per state-mandated watershed protection rules. The stream identification checklist that County staff uses to identify streams was developed by DWQ. It is included as an attachment. This proposed amendment will allow usage of available, existing methods to protect streams by broadening language in the zoning ordinance that would allow, in addition to the USGS maps, the use of the Soil Survey of Orange County and field identification of water features by County staff. By using these three methods of water feature identification in combination with each other, virtually all streams that affect water quality will be protected. Another derived benefit is that the availability of County staff to do field determinations of streams will provide a service to property owners, more accurate and without cost, that will help them maintain a high quality of stream preservation. A visual presentation of portions of the Cane Creek, Upper Eno and University Lake watersheds showing the difference between the USGS maps and Soil Survey will be presented at the Public Hearing. FINANCIAL IMPACT: There is no public financial impact with this decision. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed amendments. The Administration recommends that the amendments be referred to the Planning Board to return a recommendation to the BOCC no sooner than May 20, 2003. G:currentplanning/eddie/streambuffer/abstract-streamclassification (Feb24,2003) Public Hearing Ordinance An Ordinance Amending the Zoning Ordinance Of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance is hereby amended as follows: Section 1. ZONING ORDINANCE. Amend Article 22 definition for Stream Buffer to read as follows: Stream Buffer--A stream buffer is an area of land adjacent to a streams or aFEMA-identified floodplains, whichever is greater, which, except as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in its natural state. °D°~.a~l Streams are slaew+~ identified as by any of the following means: 1) shown as solid blue lines a~ or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a field determination by County staff trained by the North Carolina Division of Water Quality (NCDWQ. The stream buffer shall extend around the perimeter of all water s features including ponds, lakes and reservoirs if any portion of the stream buffer of a pT~.ni~' .,r in~ormi~onf stream touches the water ~-y feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. Section 2. ZONING ORDINANCE. Amend Stream Buffers definition in Article 6.23.7definition to read the same as that in Article 22 as follows: Stream Buffer--A stream buffer is an area of land adjacent to a norenni~~ ~.,r! ir,+~m;;.ff~ streams or aFEMA-identified floodplains, whichever is greater, which, except as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in its natural state. D~r~Qi Streams are s#~ewr+ identified as by any of the following means: 1) shown as solid blue lines aed or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a field determination by County staff trained by the North Carolina Division of Water Quality (NCDWQZ. The stream buffer shall extend around the perimeter of all water belies features including ponds, lakes and reservoirs if any portion of the stream buffer of a stream touches the water bed} feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. 015 ®1 ~ Public Hearing Ordinance 4 Section 3. ZONING ORDINANCE. Amend Article 22 to add a new definition for Water Feature to read as follows: Water Feature-A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a naturally occurring presence of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and natural drainage ditches (non-ephemeral). Section 4. This ordinance is effective upon its adoption. NOW THEREFORE BE IT RESOLVED by the .Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. Upon motion of Commissioner seconded by Commissioner _ ,the foregoing ordinance was adopted this day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , ~uu3 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand . 2003. SEAL and the seal of said County, this day of Clerk to the Board of Commissioners ~~~ NCDWQ Stream Classification Form Project Name: River Basin: County: Evaluator: DWQ Project Number. Nearest Named Stream: Latitude: Signature: Date: USGS QUAD: Longitude: Location/Directions: *PLEASE NOTE: Ijeva[uaror and landowner agree that the jearure is a man-made duck, then use of this form is not necessary. Also, ijin We best professional judgement oj[he evaluator, the jcarure is a man-made ditch and not a modified natural scream-this rating system should not be used# PrimarvField Indicators: (Circle One Number Per Line) I Geomorpholoey Absent Weak Moderate Strong I) Is There A Riffle-Pool Seauence~ 0 1 2 3 2) Is The USDA Texture [n Streambed Different From Surroundine Terrains 0 1 2 3 3) Are Natural Levees Presents 0 I 2 3 4) Is The Channel Sinuous 0 1 2 3 5) Is There An Active (Or Relic) Floodplain Presents 0 I 2 3 6) [s The Channel Braided 0 1 2 3 7) Are Recent Alluvial Deposits Presents 0 I 2 3 S) Is There A Bankfull Bench Presents 0 I 2 3 9) Is A Continuous Bed & Bank Present? 0 I NOT Bed nk sed By itchin And W TXOUTSinu i Then Score=B• 2 3 0) Is A 2" Order Or Greater Channel (As Indicated On Topo Map And/Or In Ficldl Presents Yes=3 No=O PRIMARYGEOMORPHOLOGYINDICATOR POINTS: II Hvdroloey Absent Weak Moderate Strove 1) Is There A Groundwater Flow/Dischaz a Presents 0 1 2 3 PRIMARYHYDROLOGYINDICATOR POINTS: III Bioloey Absent Weak Moderate Strom 1) Are Fibrous Roots Present In Streambed~ 3 2 1 0 2) Are Rooted Plants Present In Streambed~ 3 2 1 0 3) Is Periphvton Presents 0 1 2 3 41 Are Bivalves Present? 0 1 2 3 PRIMARY BIOLOGY INDICATOR POINTS:. Secondary Field Indicators: (Circle One Number Per Line) I Geomorpholoey Absent Weak Moderate Strong ti r~'n+~re A Head Cut Present In Channels 0 .5 I I.5 21 Is There A rade Control Point In Channels 0 .5 1 1.5 3) Does Topography Indicate A Natural Drainage Wavy 0 .5 I 1.5 SECONDARY GEOMORPHOLOGY INDICATOR POINTS: II. Hvdroloey Absent Weak Moderate Strone 1) Is This Yeaz's (Or Last's) Leaflittet Present In 5treambed? 1.5 l .5 0 2) Is Sediment On Plants (Or Debris) Present? 0 .5 l I.5 3) Are Wrack Lines Presents 0 5 I 1.5 4) Is Water In Channel And>48 Hrs. Since t 95t Known Rainy /•NOT ~ /f Ditch Indicated In #9 Ab 0 ove Skio This Sten And #S B .5 e/ow•1 1 I.5 _- 5) [s There Water In Channel During Dry f'onditions Or In Growin¢ Season) 0 .5 1 1.5 6) AR Hvdrir Cncle Present In Cidec ilf('hannel lilt in Headcuth Yes=1_S No=D SECONDARY HYDROLOGY INDICATOR POINTS: III. Bioloey Absent Weak Moderate Stron¢ 11 Are Fish Present? 0 .5 I I.5 2) Arc Amphibians Present? 0 .5 1 1.5 3) Are AauaticTurtles Present? 0 .5 1 I.5 4) Are Cravfish Present? 0 .5 I 1.5 5) Are Macrobenthos Present? 0 .5 1 1.5 6) Are Iron Oxidizine Bacteria/Funeus Present? 0 .5 1 1.5 7) Is Filamentous Aleae Present? 0 .5 1 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OSL (' NOTE: {fTatal Absence OfAB Plants !n Streambed 2 1 As Noted Above Skia This Step UNLESS SAV PresenPl. Mostly FACW Mostly FAC .75 .5 Mostly FACU Mostly UPL 0 0 SECONDARYBIOLOGYINDICATOR POINTS: TOTfIl. PINTS (Primary ~- Secondary)= (If Greater Than Or Equal To l9 Points The Stream Is At Least Intermittent) ~~~