HomeMy WebLinkAboutAgenda - 06-27-2002 - 8u ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 27, 2002
Action Agenda
Item No.
SUBJECT: Orange County Soil Erosion and Sedimentation Ordinance
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Ran Ivins, ext. 2586
Resolution Craig Benedict, ext. 2592
Soil Erosion and Sedimentation Control Ordinance TELEPHONE NUMBERS:
Amendments
Hillsborough 732-8181
Chapel Hill 968.4501
Durham 688-7331
Mebane (336) 227-2031
PURPOSE: To provide consistency among the water quality protected watershed overlay districts
that serve as drinking water supply for Orange County, and to match existing regulations within the
University Lake Watershed. To protect public water supply and to provide greater water quality
protection within Orange County.
BACKGROUND: The amendments to the ordinance were held since last August to ensure
consistency with recent state 'rules' under development in both the Neuse River and Cape Fear
River basins. These changes further our goals of water quality in both basins. Additional rules
from the state regarding stormwater, nitrogen control, sedimentation and erosion control will be
forthcoming early next year.
At the time the Ordinance was adopted, only the University Lake watershed contained a Protected
Watershed Overlay District, which includes both protected watershed areas and critical areas. The
Cane Creek and Upper Eno watersheds also serve as drinking water supply areas for Orange
County. These amendments will update the Ordinance to incorporate the protected watershed
overlay districts in the Cane Creek and Upper Eno Watersheds, respectively.
The County's Soil Erosion and Sedimentation Control Ordinance (Ordinance)was originally
adopted in 1975 and has been amended 12 times. Each previous amendment has been to
conform with changes made to the Model Ordinance of the N.C. Sedimentation Control
Commission. The attached Ordinance amendments conform to the Model Ordinance of the N.C.
Sedimentation Control Commission. These changes will provide greater protections for Orange
County's drinking water supplies, while maintaining all current allowable land uses. Changes are
shown in StFikethmugh for deleted text and underline for new text.
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Location
Lands within Orange County's jurisdiction that are classified as watersupply watershed areas by
NCDENR-Division of Water Quality AND serve as a drinking water supply for Orange County.
These are specifically identified as University Lake Watershed Area, Cane Creek Watershed Area,
and Upper Eno Watershed Area.
Existing and Proposed Conditions
Existing:
• Erosion and Sedimentation Control, and Water Supply watershed requirements currently in
place. contains a higher disturbed acreage threshold for the Cane Creek and Upper Eno
watersheds than for the University Lake watershed before a land disturbance permit and an
approved sedimentation and erosion control plan are required.
Proposed:
• For the Cane Creek and Upper Eno watersheds the disturbed acreage that requires an
approved Erosion Control Plan and a Land Disturbing Permit from 20,000 square feet to 10,000
square feet.
Development Process. Schedule. and Action
• First Action: Public hearing was held before the Orange County Board of County
Commissioners (BOCC) and Planning Board on August 27, 2001. No public comments were
presented for this item. BOCC moved and unanimously approved placing this item on an
upcoming BOCC agenda, which will be considering planning matters.
• Second Action: Upon final approval and adoption by the BOCC, the amendments will be
incorporated into the Soil Erosion and Sediment Control Ordinance.
• Third Action: Public notification of changes will be performed by Erosion Control staff.
FINANCIAL IMPACT: Based on existing data for University Lake watershed, Erosion Control staff
has estimated that approximately $5,000 in additional permit and plan review fees will be collected
annually as a direct result of implementation of these amendments. These additional fees represent
less than 2% of the total permit & plan review fees collected during 2001. The average cost for
each residential lot in these watersheds for which a land-disturbing permit would be required is
estimated at$234. It is estimated this will only apply to 1 in 5 applicants in the three watersheds.
Existing Erosion Control staff will implement and administer the attached amendments.
RECOMMENDATION(s): The Administration recommends approval of the attached amendments,
or as the Board decides.
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NORTH CAROLINA RESOLUTION AMENDING THE
ORANGE COUNTY SOIL EROSION AND
ORANGE COUNTY SEDIMENTATION CONTROL ORDINANCE
WHEREAS, the Orange County Soil Erosion and Sedimentation Control
Ordinance was originally adopted by the Orange County Board of
Commissioners on December 30, 1975 and has been subsequently amended on
the dates listed on the attachment, and
WHEREAS, amendments are made to the Ordinance to enhance their
implementation and applicability, and
WHEREAS, the County Commissioners of Orange County, North Carolina
recognize a great need to control soil erosion and sedimentation, and those
activities which result in erosion and sedimentation within Orange County, and
. WHEREAS, Orange County recognizes the need for, and importance of,
protecting the surface waters and the lands within its water supply watersheds,
and
WHEREAS, the Ordinance was amended on June 6, 1984 to increase
protection of the waters within the University Lake protected watershed district,
and
WHEREAS, since adoption of the University Lake protection
amendments, Orange County has created the Cane Creek and Upper Eno
protected watershed districts, and
WHEREAS, Orange County seeks to provide consistent and equal
protection and regulation for all its protected watershed districts.
NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County
Commissioners that:
The Ordinance is amended as follows:
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Section 2.1 Findings of Fact Relating to Sedimentation and Erosion
in "Rive-sity Lake Wate- '- d University Lake, Cane Creek.
and Upper Eno Watersheds
The County Commissioners find that, without strict sedimentation and erosion controls,
the development of land within the University Lake Watershed University Lake, Cane
Creek, and Upper Eno Watersheds will have a significant adverse impact upon the
health, safety, and welfare of all persons served by the ' . water su,poly
reservoirs within these watersheds. More specifically:
A. Stormwater runoff carries pollutants into IJ;;iyersityl water supply reservoirs,
degrading water quality. These pollutants include, but are not limited to, organic
and inorganic chemicals.
B. The increase in nutrients such as phosphorus and nitrogen will accelerate.
eutrophication of University water supply-reservoirs, adversely affecting
flora and fauna.
C. The improper channelization of watercourses and drainage areas in the
UniYeFsity Lake Watershed University Lake, Cane Creek. and Upper Eno
Watersheds will increase the velocity of runoff, thereby increasing erosion and
sedimentation.
D. The alteration of the natural topography and removal of vegetation will increase
erosion by increasing velocity of runoff.
E. The siltation of water bodies resulting from increased erosion will decrease the
capacity of the water bodies to hold and transport water, and harm flora and
fauna.
F. Sedimentation further reduces water quality because it transports pollutants into
the water, then releases them in the water as it settles.
G. Impervious surfaces will increase the volume and rate of stormwater runoff. This
allows less water to percolate into the soil, thereby decreasing groundwater
recharge. Increased velocity of runoff also reduces the filtering effect of the soil.
H. Improperly managed stormwater runoff will increase the incidence of flooding and
the level of floods which occur.
Section 2.2 Objectives of Regulations Applicable to URIVGF66ty Lake
`"'mad University Lake, Cane Creek, and Upper Eno
Watersheds
The regulations set forth in this Ordinance applicable to the University Lake ` atOFshed
University Lake Cane Creek and Ugger Eno Watersheds are designed:
1. To protect and maintain the chemical, physical and biological quality and integrity
Of and other
critical watershed areas.
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2. To prevent harm to the residents of the community by prohibiting activities which
adversely affect kR+veFStt",-Lake water supply reservoirs as a public water supply.
3. To encourage the protection of natural systems and the utilization of these
systems in a manner which does not impair their beneficial functioning.
4. To discourage the construction of drainage systems which do not functionally
approximate the natural drainage pattern.
5. To minimize sedimentation and erosion, within the watershed, and as a result,
minimize the transport of sediment and pollutants to ' eke water supply
reservoirs.
6. To protect and maintain the existing habitat of fish and wildlife.
7. To prevent damage from flooding while recognizing that natural fluctuations in
water levels are beneficial.
8. To protect the absorptive, purifying and retentive functions of the natural systems
existing in the University Lake : ate,.ed University Lake, Cane Creek, and
Upper Eno Watersheds area.
9. To ensure the attainment of these objectives by requiring the approval and
implementation of sedimentation and erosion control plans for all activities which
may adversely affect the ".,,,"..G"y Lake Watershed University Lake, Cane
Creek, and Upper Eno Watersheds.
10. To provide and enforce design and performance standards for control of post-
development erosion and sedimentation in order to preserve the characteristics
that existed in the Wnive ity Lake ` ateF hed University Lake, Cane Creek, and
Upper Eno Watersheds Area prior to development.
Section 3 Definitions
As used in this Ordinance, unless the context clearly indicates otherwise, the following
definitions apply:
Cane Creek Watershed Area - com rises all the land area contributing water to Cane
Creek Reservoir.
Upper Eno Watershed Area - comprises all the land area contributing water to either
Corporation Lake, Lake Ben Johnston, Lake Orange, or West Fork on the Eno
Reservoir.
Section 6 General Requirements for Areas Other Than
University ' '''e Watershed University Lake, Cane Creek, and
Upper Eno Watersheds
A. Protection of Property
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•
Person(s) conducting land-disturbing activities shall take all reasonable
measures to protect all public and private property from damage by such activities. This
requirement shall apply to any areas to be disturbed, regardless of the size of the area
to be uncovered.
B. Erosion Control Plan Requirement
Prior to the commencement of any land-disturbing activity that will result in the
uncovering of more than 20,000 square feet of land, the person(s) conducting the land-
disturbing activity must prepare and submit an Erosion Control Plan for the proposed
site. The Plan must be approved and a Land Disturbing Permit obtained prior to the
start of the disturbance.
Section 6.1 General Requirements forUn:vRc'.t" ' "'"^ `"'"«""''^''
_...._
University Lake Cane Creek and�U per Eno Watersheds
A. Plan Requirement
Except as otherwise provided in subsection B., an erosion and sedimentation control
plan shall be prepared and filed with and approved by the Erosion Control Division prior
to the commencement of any land-disturbing activity within the Wnivemity Lake
WateFs„eQ Universit Lake Cane Creek and U er Eno Watersheds.
B. Plan Waiver
The person(s) conducting the land-disturbing activity need not submit an erosion control
plan if such person obtains an Erosion Control Plan Waiver Form from the Erosion
Control Division. An application for this form shall be submitted and shall contain the
name, address, and phone number of the developer and owner, a description and
drawing of the proposed development or activity, the location of the development, and
any other information requested by the Orange County Erosion Control Officer that is
reasonably necessary to evaluate the proposed development. The Erosion Control
Officer shall issue the Plan Waiver Form if he finds that:
1. The land-disturbing activity will not result in the uncovering of more than
10,000 square feet; and
2. The land-disturbing activity is not to be conducted in connection with any
of the following types of developments:
a. shopping centers
b. industrial and commercial facilities
c. major subdivisions
d. roads
e. any activity involving the temporary or permanent storage (above or
below ground) of any noxious, toxic, or hazardous substance, including
fuel storage facilities.
3. The proposed land-disturbing activity will not:
a. significantly increase or decrease the rate or volume of surface water
runoff;
b, significantly contribute to the degradation of water runoff;
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c. have a significant adverse impact on a wetland, watercourse, or
' water supply reservoir;
d. occur within a buffer area circumscribing Univee .. it 'Lake a water
supply-reservoir.
Section 8.1 Additional Standards for Land-Disturbing-Activity
in UROYeFsity Lake `" atem~^a University Lake, Cane Creek.
and Upper Eno Watersheds
The provisions of Section 8 shall apply to land-disturbing activity within the University
Lake Wate;9„ed University Lake, Cane Creek, and Upper Eno Watersheds. In addition,
the design, construction, and maintenance of drainage systems in developments within
the University Lake ` ateFGhed University Lake Cane Creek and Upper Eno
Watersheds shall also be consistent with the following standards, and these standards
shall control to the extent that they are more restrictive than those set forth in Section 8.
A. Channeling Runoff- channeling runoff directly into water bodies shall be
prohibited. Runoff shall be routed through swales and other systems designed to
increase time of concentration, decrease velocity, increase infiltration, allow suspended
solids to settle, and remove pollutants.
B. Alteration of Watercourses - natural watercourses shall not be dredged,
cleared of vegetation, deepened, widened, straightened, stabilized or otherwise altered
except in accordance with an approved erosion control plan. Water shall be retained or
detained before it enters any natural watercourse in order to preserve the natural hydro-
dynamics of the watercourse and to prevent sedimentation.
C. Limit Land-Disturbing Activity- the area of disturbance by development shall
be as small as practical.
D. Land Alterations - no grading, cutting or filling shall be commenced until erosion
and sedimentation control devices have been installed between the disturbed area and
water bodies; watercourses, wetlands; or adjoining properties.
E. Wetland Protection - wetlands and other water bodies shall not be used as
sediment traps during development.
F. Maintenance Requirements and Responsibility- erosion and sedimentation
facilities shall receive regular maintenance to ensure that they continue to function.
properly. Temporary basins shall be cleaned out when they are filled to fifty (50) percent
of their design capacity.
G. Artificial Watercourses - any artificial watercourse (where the need is
demonstrated) shall be designed considering soil type so that the velocity of flow is low
enough to prevent accelerated erosion.
H. Buffer Area Requirements - soil and pollutants carried overland, primarily from
roads, trails, and/or land-disturbing activities, can be effectively trapped by leaving a
relatively undisturbed strip of vegetation parallel and adjacent to the watercourse.
Properly managed overland water flow can be directed into this buffer area in a manner
that will reduce velocity and cause dispersion of the water. Sediments carried by the
B
water will settle out as a result of this slowing and dispersion process. The width of
these buffer areas shall depend on the type of stream or drainage area. The width of the
buffer strips shall be as follows:
1. Creeks and tributaries - (i.e., permanent streams flowing directly into
'o,,,.eFSi ty-LaI% a water supply reservoir within University Lake Cane
Creek, and Upper Eno Watersheds and permanent streams flowing
into such streams). Measure along a line running perpendicular to the
edge of the floodplain (or if no floodplain has been demarcated, the
center of the stream)fifty feet from the edge of the floodplain (or if no
flood plain has been demarcated from the edge of the water) plus an
additional distance equal to:
4 x slope x 100
where "slope" is expressed as a percentage derived by dividing by
100 the rise in elevation between the floodplain boundary line (or if no
floodplain has been demarcated, the centerline of the watercourse)
and a point one hundred feet from that point along the above
described perpendicular line.
2. Intermittent streams flowing into creeks and tributaries. Measure along
a line running perpendicular to the centerline of the intermittent stream
fifty feet from such stream centerline.
3. Intermittent streams flowing directly into 'Uni ' ti water supply
reservoirs within University Lake Cane Creek and Upper Eno
Watersheds. Measure along a line running perpendicular to the
centerline of the intermittent stream one hundred feet from such
stream centerline.
4. Intermittent streams flowing into streams which flow directly into
JR9YeFSitT'Lake water su I reservoirs within Universit Lake Cane
Creek and Upper Eno Watersheds. Measure along a line running
perpendicular to the centerline of the intermittent stream fifty feet from
such stream centerlines.
5. URi rs,� *fie Water supply reservoirs within University Lake, Cane
Creek, and Upper Eno Watersheds. Measure along a line running
perpendicular to the high water mark or floodplain boundary
(whichever is farther from the Lake)one hundred feet from such high
water mark or floodplain boundary (whichever is farther from the Lake)
plus an additional distance equal to:
4 x slope x 100
where "slope" is expressed as a percentage derived by dividing by 100
the rise in elevation between the high water line of the Lake and a point
one hundred feet from that point along the above described perpendicular
line.
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s
The existing natural vegetation in the designated buffer areas shall not be
disturbed in any way that would reduce the area's effectiveness in
achieving the objectives set forth in this subsection. In addition, buffer
areas from which the vegetative cover has been removed shall be planted
or otherwise provided with ground cover devices or structures sufficient to
allow the buffer area to accomplish the objectives set forth in this
subsection. Buffers shall not be used as temporary erosion control
devices during construction.
Section 9 Stormwater Outlet Protection
A. Control of Discharge inURiversity Lake Watershed University Lake, Cane
Creek, and Upper Eno Watersheds
Provisions shall be made for the control of stormwater discharges for the types of
development as specified below. After development of the site, the peak discharge of
stormwater runoff resulting from a ten-year storm shall be no greater than that which
would result from a ten-year storm on the same site prior to development.
This requirement shall apply to:
1. Commercial, industrial, office, and institutional developments
2. Multi-family residential developments of more than 10 units
3. Single-family detached residential developments where more than 3 lots
are to be created.
B. Control of Velocity
Persons shall plan and conduct land-disturbing activity so that the post-
construction velocity of the 10-year storm runoff in the receiving watercourse to the
discharge point does not exceed the greater of:
1. the velocity established by the table in paragraph 3 of the subsection; or
2, the velocity of the 10-year storm runoff in the receiving watercourse prior
to development.
If conditions (1) or (2) of this paragraph cannot be met, then the receiving
watercourse to and including the discharge point shall be designed and constructed to
withstand the expected velocity anywhere the velocity exceeds the "prior to
development" velocity by 10%.
Standards
1. Acceptable Management Measures
Measures applied alone or in combination to satisfy the intent of this subchapter
are acceptable if there are no objectionable secondary consequences. Innovative
techniques and ideas will be considered and may be used when shown to have the
potential to produce successful results. Some alternatives are to:
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a. avoid increases in surface runoff volume and velocity by including ,
measures to promote Infiltration to compensate for increased runoff from
areas rendered impervious;
b. avoid increases in stormwater discharge velocities by using vegetated or
roughened swales and waterways in lieu of closed drains and high velocity
paved sections;
C. provide energy dissipaters at outlets of storm drainage facilities to reduce
flow velocities to the point of discharge; these may range from simple rip-
rapped sections to complex structures;
d. protect watercourses subject to accelerated erosion by improving cross
sections and/or providing erosion-resistant lining.
2. Exceptions
This rule shall not apply in areas other than the Unive ity Lake Wate.ched
University Lake Cane Creek and Ugper Eno Watersheds where it can be
demonstrated that storm water discharge velocities will not create an erosion problem in
the-receiving watercourse.
Section 11 Access and Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land-disturbing activity shall be considered a part of such activity.
With respect to development in the UniYeFsity Lake WateFshed University Lake. Cane
Creek and Upper Eno Watersheds, these access and haul roads shall have gravel
pads placed at the entrance of the site of a land-disturbing activity.
Section 15 Existing Uncovered Areas
A. Existing Sites
All uncovered areas existing on the effective date of this Ordinance which (1)
resulted from land-disturbing activities not excluded under Section 5, and (2) if
such areas are outside the 'J� '�'�`` ' ' ' Wale'°` °'' University Lake. Cane
Creek and Upper Eno Watersheds and exceed 20,000 square feet, and (3) are
subject to continued accelerated erosion, and (4) are causing off-site damage
from sedimentation, shall be provided with a ground cover or other protective
measures, structures, or devices sufficient to restrain accelerated erosion and
control off-site sedimentation.
Section 17 Permits
A. When Required
No person shall undertake any land-disturbing activity which would require the
uncovering of 20,000 square feet or more of land land. or any land-disturbing
activity if within the University Lake Cane Creek or Upper Eno Watersheds
without first obtaining the required approvals and permits from the Erosion
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Control Officer. Permit Application forms must be signed by the landowner or his
authorized agent. The agent signing must have a signed letter of authorization
from the owner.
No permit is required for the following activities:
1. For the purpose of fighting fires.
2. 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.
3. For disturbances that do not exceed 20,000 square feet in surface area. In
determining the area, lands under one or diverse ownership being developed as
a unit will be aggregated.
B. Erosion Control Plan Approvals
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 for any
land-disturbing activity within the University Lake Cane Creek or Upper Eno
Watersheds.
C. Land Disturbing Permits
Before starting a land-disturbing activity greater than 20,000 square feet, or any
land-disturbing activity if within the University Lake, Cane Creek, or Upper Eno
Watersheds, the owner or his agent shall obtain a Land Disturbing Permit from the
Erosion Control Officer. Erosion Control Plans must be approved before a Land
Disturbing Permit will be issued. Land Disturbing Permits may be obtained when the
Plan is approved or prior to the start of the land disturbance
Section 18 Erosion and Sedimentation Control Plans
A. Plan Requirement
An Erosion Control Plan shall be prepared for all land-disturbing activities subject
to this Ordinance 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 - or as otherwise noted in this Ordinance. Three (3) copies of the Plan shall
be filed with the Erosion Control Officer, one copy of which will be simultaneously
forwarded to the Orange Soil and Water Conservation District, at least 30 days prior to
the commencement of the proposed activity.
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Upon motion duly made by and duly
seconded by the foregoing Ordinance was duly
adopted by the Orange County Commissioners at a meeting held on the
day of , 2002.
Ayes: Commissioners
Noes:
Absent or Excused:
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County
of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been
.carefully copied from the recorded minutes of the Board of Commissioners for
said County at a regular meeting of said Board held on 2002,
said record having been made in Minute Book No. of the minutes of said
Board, and is a true copy of so much of said proceedings of said Board as
relates in any way to the matters described in said proceedings.
WITNESS my hand and the corporate seal of said County, this the
day of 2002.
Beverly A. Blythe
Clerk to the Board of Commissioners
g:lErosionControlDivVAmendmontslESCOrdAmendmemsRosolOon