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HomeMy WebLinkAboutCAMA Land Use Plan Update-1996-19970 Hertford County CAMA Land Use Plan Update 1996-97 0 �e DCM COPY DCM COPY lease do not remove!"" Division of Coastal Management J � bieilerrin �Pirej I IN Mapleton Murfrees oro / Winton Tunis 1 / / Cofield _ (� / Menola / Union Wiccacoll A ` P / f w / Airport H, St. John — % Ahoskie {� Harrellsville t 1 / wi t Land Use Plan Update Hertford County 1996 Prepared for Hertford County Commissioners: Dupont Davis, Chairman Ray A. Farmer, Vice -Chairman Robert L. Holloman Vernice B. Howard David L. Shields and Donald C. Craft, County Manager Prepared by Hertford County Planning and Zoning Board Charles Pierce, Jr. -Chairman W. W. Edwards James E. Farmer Harvey Jones, Jr. R. C. Kennington Landon Males Wilbur Pierce Bill Early - Zoning Administrator and The Mid East Commission 1 Harding Square P.O. Box 1787 Washington, NC 27889 (919) 946-8043 Jane Daughtridge, Planner -in -Charge Rhoda Raymond Morris, Planner/GIS Technician Local Adoption: July 21, 1997 CRC Certification: July 25, 1997 - The preparation of this document was funded in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Coastal Resource Management, National Oceanic and Atmospheric Administration. Table of Contents I. Introduction 1 r A Land Use Planning 1 B. Geographic and Historical Context 2 II. Data collection and Analysis 3 A Present Conditions 3 1. Population and Economy 3 2. Existing Land Use 11 3. Current Plans, Policies and Regulations 13 B. Constraints: Natural and Technological Hazards 15 1. Natural Hazards 2. Manmade Hazards 23 3. Fragile Areas 24 C. Constraints: Capacity of Community Facilities 28 1. Existing Water and Sewer Systems 28 2. Solid Waste 30 3. Existing School System Analysis 30 D. Estimated Demand 36 1. Population and Economy 36 2. Future Land Needs 38 3. Community Facilities Demand 39 E. Summary of Data Collection and Analysis 40 F. Major conclusions from Data Summary 41 1. Present Conditions 41 2. Constraints: Land Suitability 42 3. Constraints: Capacity of Community -Facilities 42 4. Estimated Demand 42 III. Policy Statements _ A. 1990 Policy Assessment 45 Resource Protection 46 Resource Production and Management 47 Economic and Community Development 48 Storm Hazard Mitigation, Post Disaster Recovery and Evacuation Plans 49 B. 1996 Policy Statements 51 1. Resource Protection 51 2. Resource Production and Management 58 3. Economic and Community Development 60 4. Continuing Public Participation 66 C. Storm Hazard Mitigation, Post Disaster Recovery, and Evacuation Plans 68 1. Storm Hazard Mitigation Policies 68 2. Post -Disaster Reconstruction Plan 69 3. Analysis of Hurricane Evacuation Plan 71 VI. Land Classification 73 A. Developed 73 B. Urban Transition 74 C. Limited Transition 74 D. Community 75 E. Rural with Services 75 ' F. Rural 75 G. Conservation 76 VII. Relationship of Policies and Land Classification 77 A. Developed and Transition Classes 77 B. Community Class 77 C. Rural with Services Class 77 D. Rural Class 78 E. Conservation Class 78 VIII. Intergovernmental Coordination and Implementation , 79 Appendix A - Maps Appendix B. - Resolution: The Citizen Participation Plan for Input on the 1996 Land Use Plan Update Appendix C. - NC Administrative Code, Senate Bill 1217, Agencies Coordinating Storm Preparedness EXECUTIVE SUMMARY Hertford County is located in northeastern North Carolina. In 1995 the population of the County was 22,445 a .3% drop from the 1990 census. The County's population has been under a slow decline over the past 20 years. Hertford County's largest town is Ahoskie and the County seat is Winton. The County's total area is 361.41 square miles, with 353.96 square miles of land area. Hertford County's economy is based traditionally with primary industries such as forest and agriculture. These industries are noticeable throughout the County, though it only employs less than 2% of the County's total work force. Retail trade and services have been increasingly important for the County's employment, now employing over 25% of the work force in retail trade and over 20% in services. The per capita income of the County was ranked 9e in the state in 1994, at $14,098. Seventeen percent of the land in Hertford County is owned by large corporations. Almost 39% of the land is owned in tracts more than 300 acres. The population is distributed evenly throughout the County and is concentrated along transportation routes and around the townships. Hertford County has three Areas of Environmental Concern (AEC). The three type of AEC's are Estuarine Waters, Public Trust Areas, and Estuarine Shorelines. Within these areas there has been little development as a result of the enforcement of CAMA permits and local enforcement efforts. Economic needs in the County has resulted in the support of growth in the area. Although if the County was presented with growth of an adverse effect the County would strictly control the development. A review of the 1990 policies statement indicates that the County implemented 100% of the policy statements during the planning period. New policies in Resource Protection essentially rely on State, Federal, and County regulation for direct protection of natural resources. In the category of Resource Production and Management the County has chosen to support State and Federal regulatory positions on the issue. The County strongly supports organizations that strengthen economic and community development, and provide additional jobs. The County employs an economic developer and depends heavily on him to aggressively work toward improvement. The County will not support any industries that degrade the quality of life. Intensive livestock " operations pose a concern for water quality and the County would prefer that these operations not be located close to waterways. Continued Public Participation policies provide ample opportunities for the public to know about and express their opinion in local matters relating to growth and development. Storm Hazard Mitigation policies addresses the discouragement of high density development in Hazardous areas. Most of the County falls into the rural land classification. The County plans to have services available to all rural locations in the near future. There are several community classes throughout the County, especially at many of the crossroads. Transition classifications are not designated throughout the County. In Hertford County the conservation class applies to undeveloped forestlands, estuarine water, and shorelines along the Chowan River and the floodprone areas of the Meherrin and Wiccacon Rivers. This document represents the fourth update of the original 1976 Land Use Plan. I. INTRODUCTION A. LAND USE PLANNING Land Use Planning has a long history in Hertford County. This document represents the fifth land use planning process undertaken by Hertford County in an effort to adhere to the regulations of the Coastal Area Management Act. The amendments to the land use planning guidelines, effective October 1995, are taken into consideration within this document. This document as all previous land use plans, serves as a blueprint for future development. According to the Land Use Planning Guidelines issued by the North Carolina Department of Environment, Health, and Natural Resources, the major purpose of periodic updating of local land use plans is to identify and analyze emerging community issues and problems, and help local governments establish and enforce policies to guide the development of their Counties. The Guidelines further define the following objectives the update should meet: 1. to further define and refine local policies and issues; 2. to further examine and refine the land classification system and the land classification map; 3. to assess the effectiveness of the existing land use plan and its implementation; 4. to further explore implementation procedures; and 5. to promote a better understanding of the land use planning process. Because the preceding objectives reflect a continuing refinement of the original CAMA 1976 Plan, that original plan is utilized as a base for all updates. This is logical since some of the data incorporated into previous plans are still applicable today. Thus, this update will periodically refer to the 1976 CAMA Plan and its updates, dating 1980, 1986, and 1990. The Land Use Plan is an instrument for local units of government to use in addressing land use issues and developing local policies to guide in the development of their communities. In order to fulfill and promote the preceding objectives, the Land Use Guidelines state that four basic elements must be addressed. The basic elements are: 1. a summary of data collection and analysis; 2. an existing land use map; 3. policy discussion; and 4. a land classification map. In addition to these four elements, all issues .addressed in previous plans which are still relevant will be identified and analyzed. Consequently, this update will, where applicable, refer to the 1976 document and its updates. New issues not existing in the past will also be addressed. B. GEOGRAPHIC AND HISTORICAL CONTEXT Hertford County is located in Northeastern North Carolina. Its northern border rests against the State of Virginia, while the eastern border is the Chowan River, which flows south into the Albemarle Sound. Bordering counties include Gates, Chowan, Bertie, and Northampton. The county contains six municipalities, which include Como, Cofield, Ahoskie, Murfreesboro, Winton and Harrellsville. Hertford County was established in 1760 and was named for the Marquis of Hertford. In colonial times, it was pronounced "Hartford". The economy was largely supported by river transportation, and agricultural crops constituted the bulk of exports out of the ports at Murfreesboro and Winton. Agriculture, supported by slave labor, consisted of the following products: cotton, corn, and peas. The lumber industry became increasingly important, as well. Wood products, such as baskets, turpentine, veneer, and lumber, were important 20th century products for the county. The strength of both these industries is still apparent today on the landscape. 2 H. Data Collection and Analysis A. PRESENT CONDITIONS 1. POPULATION AND ECONOMY a. Population The 1990 population for Hertford County was 22, 523; 1994 estimates from the Office of State Planning number 22, 430. For the last twenty years, Hertford County's population has been slowly declining (see figure 1). The total twenty year decline represents a loss of around 1, 000 persons, but the rate of decline increased significantly in the period from 1980 to 1990. FIGURE 1 Current Po elation Trends Hertford Coun 1970-1994 Estimate Change Change Change 1970 1980 1990 1994 1970 -1980 1980 -1990 1990-1994 North Carolina 5,082,059 5,881766 6,628 637 7 064 470 15.74 1170 6.58 Reg'Regim Q 178,667 200,841 218196 228 11 12.41 8.64 4.64 Hertford Comty 23,529 23,368 22,523 22,430 -0.68 -3.62 -0.41 Aboslde 5105 4,887 4,391 4,562 -4.27 -10.15 3.89 Cofield 474 397 392 -16.24 -1.26 Como 211 88 89 104 -58.29 1.14 16.85 HarreIlsvMe 165 155 115 111 -6.06 -25.81 -3.48 Murfreesboro 2,936 3,007 2650 2,343 2.42 -11.87 -11.58 Wmton 1 917 813 779 851 -11.34 -4.18 9.24 jUnincorporated Areas 1 14195 13,944 14102 14 067 -1.77 1.13 -0.25 Source: NC State Data Center Hertford County's population trends are vastly different than trends at the state and even the regional level. Both Region Q and North Carolina gained large percentages of people in the same twenty year period. At the county level, certain locations tended to lose population more than others. The unincorporated areas of the county remained remarkably stable in population, fluctuating very little over the twenty year period. Every municipality in the county lost population between 1980 and 1990, with the exception of Como which gained only one person (see figure 1). Ahoskie and Murfreesboro lost the largest numbers of people; over 800 total. Therefore, the rural character of the county is being reinforced in the population trends for the prior twenty years. The largest municipalities experienced the largest losses (in numbers) of individuals, while the unincorporated areas of the county remained stable over the twenty year period. 3 The 1994 population estimates continue to reflect a decline in the county's total population (see figure 1). However, three (3) municipalities which in the last two (2) decades have lost population, are showing population increases. Como, Ahoskie, and Winton are estimated to be experiencing 16.85%, 3.89%, and 9.24% increases respectively. Despite these population gains, the county's total population is offset by r_ population decline in Murfreesboro. During the last four years, Murfreesboro is _ estimated to have lost more than 10% of its population. Therefore, it is likely that if Murfreesboro's population continues to decline, the county total will also reflect that decline. In the age distribution of population, no five year group clearly stands out as significantly greater in proportion than the others (see figure 2). The 1995 distribution shows a more even distribution of population than in 1990. FIGURE 2 In terms of growth potential, the proportion of the population age 19 or younger is almost 30%. For growth in population to occur, sustainable livelihoods must be available to counteract outmigration due to economic opportunities. The primary workforce group, ages 25-64, has not increased substantially since the 1990 plan, though it has increased relative to other age groups. Active recruitment of this population group to the county would result in positive population trends. The percentage of the population over 65 constitutes slightly over 15% of the total. The state average is 12.5%; thus, Hertford County has a substantially larger aging community with the need for special services. Racially, the county is diverse with white, black, American Indian and Asian residents. The largest racial group in the county are blacks (see figure 3), constituting almost 60% of the county's population. Large black populations have a long history in Hertford County. In 1850, the population included 3, 553 white, 3,716 slaves, and 873 free blacks for a total of 56.4% black population. FIGURE 3 Racial Composition Hertford County, 1990 Racial Group Number Percent White 92001 40.8% Black 13008 57.8% American Indian, Eskimo or Aleut 182 0.8% Asian or Pacific Islander 109 0.5% Other Race 24 0.1% Source: US Census, 1990. White population makes up another 40%. Other racial and ethnic groups, including Asians, American Indians, and Hispanics do reside in Hertford County, but they make up less than 1% of the total population each. The Native American residents of the county can trace their lineage to the Choanoke, Nottoway, and Meherrin nations, which inhabited the county at European arrival. b. Economy The economy of Hertford County is based on a tradition of primary industries, such as forestry and agriculture. Both industries remain dominant on the landscape, but combined, their total employment accounts for less than 2% of the county's total. Other types of employment, such as retail trade and services, have become more important, reflecting national trends. Both employment sectors account for over 20% each of employment in the county (see figure 4). FIGURE 4 Employment by Sector Hertford C unty 1980 1990 1993 1993 Percent Change Types of Employment 1980 1990 1993 Percentage 1980 - 1993 1990-1993 FARM 1020 615 526 5.08 48.43 -14.47 NONFARM 10644 9561 9824 94.92 7.70 2.75 Agfic/Forestry/Fishing 105 71 119 1.15 13.33 67.61 Mining 0 0 0 0.00 0.00 0.00 Construction 489 574 509 4.92 4.09 -11.32 Manufacbuing 2724 21281 1971 19.04 -27.64 7.38 Tr rtation/UtIties 237 268 226 2.18 -4.64 -15.67 Wholesale Trade 469 481 405 3.91 -13.65 -15.80 Retail Trade 1729 1721 2075 20.05 20.01 20.57 Finance, Insurance, Real Estate 332 339 347 3.35 4.52 2.36 Services* 2810 2243 2362 22.82 -15.94 5.31 Government 1749 1736 1810 17.49 3.49 4.26 ederal, Civilian 83 84 72 0.70 -13.25 -14.29 81 85 81 0.78 0.00 -4.71 State and LocaD 1585 1567 1657 16.01 4.54 5.74 TOTAL 11664 10176 10350 100.00 'hclxies rtedicine and education Source: LNC Topic Report'Errpbyrnent and Income: FuMme and part-time employees by major industry', NO State Data Center. The county, in 1992, contained 153 retail establishments with payroll. Retail sales of these establishments was $128,024,000. The NC Department of Revenue estimates Gross Retail Sales higher than that of the Economic Census, 1992 figures are $188,348,000, with 1995 figures reaching $214,226,000 for an increase of 13.74%. The board feels that the higher numbers more accurately reflect the retail activity in Hertford County. Service establishments are fewer in number, with 115 establishments with a payroll. Service receipts totaled $31,639,000 in 1992. Manufacturing plays a large role in the county, as well. Twenty-eight (28) manufacturing firms, listed in table 5, account for nearly 20% of the employment. Manufacturing in Hertford County, which represents a substantial portion of the economy, is characterized by a number of significant metal industries (see figure 5). 6 FIGURE 5 Manufacturing Firms Hertford Couptv.1995 Firm Location Finployees Product Ahoskie Apparel Ahoskie 135 Children's Sportswear Ahoskie Fertilizer Ahoskie 20 Blend Fertilizer Air Class Industries Ahoskie 17 Fiberglass Foam Bennett Box&Pallet Ahoskie 88 Wooden Pallets Brittenham Rebuilding Services Ahoskie 16 Rebuild Car Parts Corr xrcial Ready Mix Ahoskie 9 Concrete/Block/Pipe/Sand Easco Aluminum Ahoskie 34 AluminumBiIlets Freeman Metal Products Ahoskie 99 Metal Casket Shells Georgia Pacific Ahos1de 81 Lumber/Pine Chips Golden Peanut Comp any Ahoskie 3 Peanuts H T Jones Company Ahoskie 31 Wooden Construction Prod KerrPacka mi Ahoskie 199 Plastic Bottle Caps Lucas Machine and Welding Ahoskie 11 Machine Sho /Weldor' ParkNews a ers Ahoskie 80 Newspapers/hinting Pierce Printing Company Ahoskie 16 Com mrcialPrintin Southern States Ahoskie 6 Blend Fertilizer Stitch Count Ahoskie 2 Fnibroidery Tana Carolinas Ahoskie 15 Concrete/Block/Sand/Stone Commercial Read MixProducts Inc. Cofield 45 Stone/Sand Perdue Fames Inc. Cofield 25 Feed ChowanMffingCornpany Como 7 Com Meal Harrellsville Metal Works Inc. Harrellsville 14 Machine shop/Metal-Buildings B & B Contract Cutters Murfreesboro 4 Fabric cutting Howell Metal Corporation Murfreesboro 21 Mndling Equipment/Machines Machine Shop of Murfreesboro Murfreesboro 22 Machine shop Murfreesboro Manufacturing Inc. Murfreesboro 165 Infant/Toddler Sportswear Murfreesboro Veneer Murfreesboro 58 Furniture Grade Veneer Revelle Grain Corrpany Murfreesboro 4 Feed/Seed Rose Brothers Paving Murfreesboro 49 Asphalt M' Ro ster-C1arkInc. Murfreesboro 6 Blend Fertilizers Easco Aluminum Winton 530 Aluminumtube/e>lrusions Sources: 1995 North Carolina Manufacturers Directory and Bill Early, Hertford County Economic Development Director Among the metal industries are Easco Aluminum, Brittenham Rebuilding Services, Freeman Metal Products, Lucas Machine and Welding, Howell Metal Corporation, Harrellsville Metal Works, and Machine Shop of Murfreesboro. In fact, the county's largest employer is among the metal industries, Easco Aluminum. Other large employers include Kerr Plastics, Murfreesboro Manufacturing, and Ahoskie Apparel. Textile manufactures have a significant presence in the county, though their importance has been declining in the last decade. State and local government is a major employer in the region, as well. Government accounts for 17.49% of the employment in the county (see table 4), but state and local government provides the bulk of these jobs (1657 out of 1810, or 9411/o). Employment sectors which have minor contributions to the jobs in the county include construction, transportation and utilities, wholesale trade, and finance, insurance and real estate. These four sectors represent less than 5% each of employment in the local economy. Employment opportunities in the County have fluctuated with local closings and openings. Since 1990, the local employment market has experienced a number of . changes. During the last planning period, both Ithaca (Rocky Mount Undergarment) and Ahoskie Yarns closed in 1991 and 1992 respectively. Other closings included Georgia Pacific - Murfreesboro in 1992, Tulloss Equipment, G&N, and two locations of Kerr Plastics. Retail closings included Ames, Roses and Lowes and Belks of Murfreesboro. Most recently, in 1995, a layoff at NC Power reduced the staff by more than half. In terms of openings, Ahoskie Apparel (1990) and Air Glass Industries (1993) began operation. Air Glass Industries produces fiberglass products; among these. products are concrete forms used in building bridges. Murfreesboro Veneer began operation on the previous Georgia Pacific site. Expansions to existing operations. occurred at Freeman Metal Products in 1990, when 30 employees were added, and Ahoskie Apparel where 70 employees were added in 1993. Infant industry in the county at the Industrial Park in Winton includes Carter Manufacturing, which will sell and service peanut processing equipment. Eventually, Carter may expand to manufacturing. In addition, Tunis Sand and Gravel has a 12 acre tract at the industrial park, where soil blending and bagging of sand and gravels is anticipated. A number of retail openings occurred, some of the more significant retail openings included Walmart in Ahoskie and Maxway in Murfreesboro. . Tourism has been steadily on the rise in Hertford County. Many of the visitors are drawn from Southeastern Virginia. The North Carolina Department of Travel and Tourism shows 1993 travel related expenditures for Hertford County to be $13.65 million, adding $2.14 million to the payroll for 180 employees. The preliminary 1994 figures show travel expenses at $14.11 million, an increase of 3% in a single year and more than 40% since 1988. Promotional events in Hertford County that draw residents include the following: Ahoskie Indian Summer Days, Harness Racing with s the Atlantic District Fair in Ahoskie, Meherrin Indian Pow Wow and Spring Festival, Ahoskie Chicken Fest, Murfreesboro Candlelight Christmas, Murfreesboro Watermelon Festival, and Boat Races at Tuscarora Beach. Agriculture in Hertford County is undergoing a number of long term changes. The number of farms has decreased significantly in the last ten years, but the average size of the farm has increased. The tendency has been towards fewer and larger farms (see figure 6). FIGURE 6 Extent of Farms Hertford Co un 1992 1987 1982 1992 1987 1982 Number of Farms 195 271 349 Land in Farms acres 75496 91744 90637 Average size of farm acres 3871 339 260 Sources: US Census of Agricuiture:1982,1987,1992 The amount of land in the county held in farms has decreased. As of 1992, slightly more than 75,000 acres of land was designated as farm land. Yet, not all the farm land is actually under cultivation for crops. Approximately 38,000 acres of cropland (or 50%) were harvested in 1992. The remaining land constitutes uncultivated cropland and pasture lands. Several crops dominate the economy of the county, including peanuts, cotton, tobacco, corn, and soybeans. Horticultural crops are also grown in the county. Hertford County has been a strong peanut producing county within the state. In 1992, the county ranked 6th in the state for peanuts. Peanut poundage has remained fairly stable within the last ten years, with poundage exceeding 30 million in 1982, 1987 and 1992. Corn, soybeans and tobacco all decreased in production, with 1992 totals at 1,437,921 bushels, 145,568 bushels, and 3,390,876 pounds respectively. Though some reduction in pounds or bushels of these products could be attributed to decreased yields, the acreage of each crop indicates a reduction in the amount of the crops planted. Hogs and chickens are raised in Hertford County. The influence of hogs as part of the agricultural economy is believed to be increasing, though many 1992 census figures were withheld to avoid disclosing information about individual farms. From 1982 to 1992, the number of farms with hogs decreased from 73 to 11. This was however, coupled by an increase from 1982 to 1987 in the number of hogs sold from E 13,509 to 25,577. Poultry production plays a significant role in the economy of the county, surpassing all other farm animals. In the ten year period, 1982-1992, the greatest increase in production of any agricultural product occurred in broiler chickens. In 1982, the number of meat chickens sold was 3,131,600, but as of 1992, the number of meat chickens sold jumped to 8,668,246 for an increase of 276%. The increase in chickens can largely be attributed to the presence of Perdue. An increase in production of hogs and chickens can impact the quality of county surface water (for discussion, see section entitled "Water Quality", under Natural Hazards on page 17). The existing labor opportunities in Hertford County represent a sustainable economy. The 1994 labor force numbered 9,860, of which 9,229 are employed persons. Unemployment remains fairly low, though the average 1994 unemployment of 6.4 percent indicates a slight increase from 1990 (5.7%). In terms of wages, the county lags behind state and national averages. The median family income of Hertford County is $21,696, while North Carolina is $31,548, and the United States average is $3 5,225. Hertford County families make less than 70% of the average NC or US family. The mean family income for the county is $27,712, but white families show an average income of $37,025, while black families average $20,329. About 20% of the families in Hertford County live on income below $10,000 per year (see figure 7). FIGURE 7 Income Groups Hertford County, 1990 1990 1990 1980 1980 Families with Income Total Percentage Total Percentage Under 5,000 478 7.9% 823 13.9% 5,000 - 9,999 721 12.0% 1145 19.3% 10,000 - 14,999 757 12.6% 1139 19.2% 15,000 - 24,999 1,495 24.9% 1670 28.2% 25,000 - 49,999 1,819 30.2% 1004 17.0% 50,000 or more 743 12.4% 139 2.3% Total 6,013 100.0% 5920 100.0% Source: NC State Data Center, 1990. Over 30% of the families in the county have income less than $15,000 annually. Lower wages in the county impact the number of families in poverty. In 1990, there 10 were a total of 1,187 families, constituting 19.7%. The result is a county with a large number of its citizens below the poverty level. Therefore, while unemployment is low, income lags behind. Despite the fact that income is well below the state and national figures, the number of households with public assistance income in the county is only 12.5%. 2. EXISTING LAND USE Hertford County is made up of 226,700 acres of land and 5,000 acres of water. Seventeen percent of the land area is owned by Union Camp, Weyerhaeuser, Union Pacific Corporation, and Champion International. Another 38.9% of the land area is held in ownership tracts over 300 acres in size. Urban areas account for only 2.3% of the land acreage. As shown on the existing land use maps, Hertford County's population is distributed fairly evenly within the County and concentrated linearly along the transportation routes. This is the prevalent pattern throughout the County with the exception of some clustering near the population centers within the County. For the present, the County's development patterns are such that no significant compatibility problems are likely to occur. Land use pattern discussions are incomplete without addressing land which has environmental significance. These categories are defined in greater detail on page 24 under Fragile Areas. Hertford County has three (3) categories designated as Areas of Environmental Concern (AEC). The first of these is Estuarine Waters. Estuarine Waters act as spawning grounds, hatcheries and nursery areas for many forms of aquatic life and should be protected and are subject to developmental regulation and control. Within Hertford County, the Chowan and Meherrin Rivers are Estuarine Waters of Environmental Concern. The second type of AECs within the County is Public Trust Areas. Public Trust Areas are those areas whose benefits belong to the public whether for commercial or recreational enjoyment. Land uses that infringe upon the Public Trust Areas must be regulated or controlled. Activities that might block or impair existing navigational channels, increase beach or shoreline erosion, deposit soils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are generally incompatible with the management of Public Trust Areas. Algae blooms in the Chowan River had emphasized the necessity for controls and regulations to prevent the degradation of Public Trust Areas. In order to control development in Estuarine Shoreline AECs, Hertford County has been 11 issuing minor CAMA permits. All waters in the County that are navigable and to which the public has right of use are Public Trust Areas of Environmental Concern. In Hertford County, these are the Chowan, Meherrin, and Wiccacon Rivers. The last class of AECs in Hertford County is Estuarine Shorelines. These shorelines are located along the Chowan River. The shorelines extend from the mean high water level along the County's estuarine waters for a distance of 75 feet landward. Within the estuarine shoreline and estuarine waters previously mentioned AECs, the County has been issuing minor development permits and the State DCM issues major and general permits. With the enforcement of CAMA permits in these areas of environmental concern, the local and state enforcement efforts have been able to effectively control development in these areas. The County is aware that locally nominated areas of environmental concern can be suggested to the Coastal Resources Commission; however, the County does not feel that additional areas of the County require AEC designation at this time. The value of CAMA permits in sensitive areas is accepted in Hertford County because of the nutrient pollution problems on the Chowan River. The Chowan River -was declared Nutrient Sensitive Waters by the State in 1979. Since that time, sewage discharges from Edenton, Aulander, Murfreesboro, and Winton have been eliminated and the Agricultural Extension Service has made efforts to educate and encourage farmers in the use of best management practices (bmps). While the restoration of the Chowan is a major local and State goal, the future protection and enhancement of the County's rivers through such means as land development controls will remain a high priority. The designation of AEC helps provide the means to enhance this protection. Other areas of concern in the County are areas which have been classified as Conservation and Coastal Wetlands under the 1976 and 1980 CAMA plans. Conservation areas are situated along the Chowan, Meherrin, and Wiccacon Rivers, and along creeks and ponds. These areas have been so designated because of their uniqueness and contribution to the integrity of coastal natural environment (see Land Classification Map in Appendix A). Some small Coastal Wetlands may exist within the area through none have been formally designated. A Coastal Wetland is defined as any marsh subject to regular or occasional flooding by lunar or wind tides. These wetlands would be identified by the appropriate permitting agency upon site inspection during the permitting process. 12 3. CURRENT PLANS, POLICIES, AND REGULATIONS a. Transportation Plans In the last planning period, Hertford County in conjunction with the Department of Transportation mutually adopted a thoroughfare plan, dating 1993. The thoroughfare plan identified and prioritized transportation needs in the county. Those projects which were identified as high priority -are now projects pending in the NC Transportation Improvement Plan (TIP). The TIP through fiscal year 2002 lists four major improvement projects anticipated in Hertford County. Multilane construction of US 13 from NC 42 to the Winton Bypass, which will have an Ahoskie Bypass is scheduled to begin construction in 2000. Road widening projects to multi -lanes include NC 11 from NC 903 to US 13 Bypass north of Ahoskie, US 13 from SR 1457 south of Winton to the Virginia State line, and US 158 from Murfreesboro Bypass to US 13. Of the road widening projects, only the SR 1457 project is scheduled for this planning period; the initial construction of this project is scheduled to begin in 1999. In addition to road improvements, five bridge replacement projects are scheduled for the next planning period. Presently under construction are the bridges across Potecasi Creek on SR 1160 (bridge numbers 29 and 30). Future projects include Wiccacon River bridge on NC 45 (anticipated 1996), Ahoskie Creek bridge on US 13/NC 42 (anticipated 1999), and Kirbys Creek bridge on SR 1301/SR 1351 (anticipated 2001). Transportation Improvement Plan maps are located in Appendix A. A Transportation Development Plan is currently in progress for the Choanoke -Public Transportation Authority (CPTA). CPTA has fixed routes and demand responsive routes within the service area. The system has 39 vehicles, of which 11 are passenger vans and the remainder are small buses seating between 20 and 24. It operates from 6:00 am to 6:00 pm five days a week. Transportation is provided to medical appointments, Social Services, Community Colleges, group shopping trips, and Older Americans nutrition sites. Charter service is also available. Ridership in Hertford County for 1995 was 170, 000, which represents more than a 400% increase since 1989 when passenger trips number 31, 647. The plan in which CTPA is engaged will help assess transportation needs in the county and develop a set of goals and objectives. 13 residential buildings must be elevated at or above flood level as determined by Federal . Insurance Administration (FIA). Non-residential structures must be elevated above base flood level as determined by FIA, or as an alternative, can be flood -proofed. 2. Building Codes - The County enforces all North Carolina Building, Electrical, Plumbing and Mechanical Codes. 3. Septic Tank Regulations -Septic tank regulations are being enforced by the Hertford -Gates County District Health Department in accordance with State standards. 4. Other Land Use Ordinances - Hertford County enforces a number of ordinances such as zoning, subdivision, junk car, and mobile home, and utilizes the CAMA minor development permits process. Hertford County's Building Inspector enforces these and other related ordinances. Hertford County's Historic District regulations are. included in the Zoning Ordinance. 5. State and Federal Regulations - As indicated, Hertford County enforces a number of regulations which have a significant impact on land use decisions. Also, many State and Federal regulations influence the County's land use decisions. Appendix B lists those State and Federal Regulations. B. CONSTRAINTS: NATURAL AND TECHNOLOGICAL HAZARDS 1. NATURAL HAZARDS a. Soils Soils in the county pose considerable constraints to development in isolated areas. The county contains nine (9) soils which are characterized as having severe constraints to all types of building development, ranging from lawns and landscaping to dwellings -- ------ -- --- - - - - -without basements. In addition, all of these soils are unsuitable for septic tank location, though many other soils are unsuitable for septic tank development. The following nine soils which pose severe constraints to any type of building development are: Bibb BB, Dorovan DO, Leaf loam LF, Lynchburg fine sandy loam Ly, Rains fine sandy loam Ra, Roanoke loam Ro, Wehadkee silt loam We, Wilbanks silty clay loam WN, and Winton WT (see figure 8). 15 FIGURE S Building Properties of Unsuitable Soils Hertford CouwnityN, No Carolina Small Dwellims Dwellhigs conunerclal Local roads Lawns and Septic tank w/o basements w/ basements buildings and streets larmiscaping absorption fields BB Severe: Severe: Severe: Severe: Severe: Severe: Bibb fboding, fbodn fk)o&g. wetness, wetness, fbodin wetness. wetness. wetness. flooding. floods . wetness. DO Severe: Severe: Severe: Severe: Severe: Severe: Dorovan fbodn fbodin fbodinp, ponding,in in P"ing, pondinzin fbodin . fboding, flooding, low strength. low strength. excess humus. pocr fitter. LF Severe: Severe: Severe: Severe: Severe: Severe: Leaf loam wetness, wetness, wetness, low strength,wetness. wetness. shrink -swell. shrink swell. shrink swell wetness. LY Severe: Severe: Severe: Severe: Severe: Severe: Lynchburg sandy loam wetness. wetness. wetness. wetness. wetness. wetness. Ra Severe: Severe: Severe: Severe: Severe: Severe: Rains fine sandy loam wetness. wetness. wetness. wetness. wetness. wetness. Ro Severe: Severe: Severe: Severe: Severe: Severe: Roanoke loam flooding flooding, flooding,low strength, wetness. wetness, wetness. wetness. wetness. wetness. vercs sbwlv. We Severe: Severe: Severe: Severe: Severe: Severe: Wehadkee sUtlaem fkx)&g, fboding, fboding, wetness, wetness, fbodin wetness. wetness. wetness. fbodn . flooding. wetness. WN Severe: Severe: Severe: Severe: Severe: Severe: Wfibanks s9ty clay loam fbodin fboding, floods low strength,wetness,fbodin wetness. wetness. wetness. wetness fbodin. wetnes fbodn . percs slowly. WT Severe: Severe: Severe: Severe: Severe: Severe: Winton sbPe. slope. slope. low strength,slope. wetness, sbPe. slope. Source: Hertford County Soil Survey,1984. The soil association which contains many of these unsuitable soils is known as Dorovan=Bibb-Wehadkee. This soil association is found in waterfront regions, along the Chowan, Meherrin and Wiccacon rivers. Some of the creeks are also bounded by these soils. Such soils are described as "nearly level, very poorly drained and poorly drained soils that are mucky or loamy and underlain by sandy material or have a loamy surface layer and loamy subsoil, in swamps or on flood plains" (Hertford County Soil Survey, 1984). The soils are poorly to somewhat poorly drained and are hazardous for building foundations. Poor drainage soils of the Craven and Lenoir types exist in the Winton and Cofield areas, and present severe wetness problems in shallow excavations. These soils also present limitations for siting of septic tanks. 16 b. Surface Water 1. Water Quality Water quality in the Chowan River became a major issue in the early 1970s when algae blooms lined the surface, resulting in massive fish kills. Algae proliferated due to the increased amounts of nitrogen and phosphorus from man made sources, a process known as eutrophication. Both point sources and non point sources of pollution are involved in this process. Non point sources, for example, runoff from cropland and animal operations and sediment from cleared land, constitutes over 70% of the nitrogen and phosphorus entering the river. Point sources were responsible, as well. CF Industries, a fertilizer plant, at Tunis was responsible for the release of a massive amount of nitrates. Currently, this site is closed and remains on the EPA Superfund List. Another major discharger, Union Camp Bleached Paper Division in Virginia, has worked to improve the quality of its discharges. New technology has enabled the elimination of dioxin from future discharges (Albemarle Pamlico Profiles: The Chowan River, 1991). The algae blooms on the Chowan led to public awareness and state reaction. The river was designated as Nutrient Sensitive Waters in 1979 due to frequent dinoflagellate outbreaks, which gave the county authority to regulate discharge by issuance of special permits. Presently, only 48 miles of 782 along the Chowan are fully supporting (see figure 9). Fol-UrDETM, Water QualityUs a Support Totals Chowan River, 1992/1993 Water Quality Mileage Percentage Fully Supporting 48 6.1% Support -Threatened 184 23.5% Partially Supporting 345 44.1% Not Supporting 176 22.5% Not Evaluated 29 3.7% Total 782 100.0 % Source: Water Quality Progress in North Carolina, 1992-1993, 1994. The supporting waters are found where the Chowan meets the Meherrin in Hertford County. In other areas of the river, low stream quality is the result of a number of factors, including the presence of NH3, sediment, and dioxin, low dissolved oxygen 17 levels and turbidity. Non point source pollution, namely agricultural runoff, seems to be the greatest degradent to water quality (Water Quality Progress in North Carolina, 1992-1993 305(b) Report, 1994). Other issues of future threat to water quality are intense residential development and livestock waste. There are growing residential communities along the Chowan River with an average lot size of less than .5 acre, supported by septic tanks for waste disposal (Hertford County Waterfront Inventory, 1995). Many of these septic tanks are located in unsuitable soils. Therefore, septic tank failure could be a growing threat to water quality. Livestock waste is another imminent threat to water quality. Chickens and hogs have experienced significant increases in production, since the last land use plan. Operations raising either animal, utilize waste lagoons, and thus, the potential for spill into water bodies exists. Such spills have plagued surface water quality in other parts of North Carolina in 1995. Hertford County lies within the Chowan River Basin. The easternmost border of the county follows the run of the river from the Virginia border to the Bertie County line. The Meherrin River transects the northern portion of the county, while the Wiccacon River flows through the southeastern "hump" of the county. All or parts of 20 sub -basin 14-digit hydrologic units are present in Hertford County. No data was provided for 4 of these, which constitute small "slivers" of area. Of the 16 units for which data was provided, 7 are wholly contained within the county, 3 are mostly contained within the county, 3 are about half contained within the county and 3 are mostly contained outside the county. Of the six municipalities in Hertford County, none are wholly contained in a single hydrologic unit. The Town of Ahoskie overlaps into three hydrologic units. All of the other towns influence at least two units. A list of the 14-digit hydrologic units is shown below. is 14-DIGIT HYDROLOGIC UNITS HERTFORD COUNTY SUB -BASINS CHOWAN RIVER BASIN UNIT NAME UNIT NUMBER Buckhom Creek, Chowan River 03010203020010 Buckhorn Creek, Chowan River 03010203030020 Deep Creek, Chowan River 03010203030030 Ahoskie Creek 03010203050011 Horse Swamp, Bear Swamp 03010203050020 Ahoskie Creek 03010203050030 Barbeque Swamp 03010203060020 Chinkapin Creek 03010203060030 Wiccacon River (Hoggard Swamp) 03010203060040 Deep Swamp. Branch, ChowanRiver 03010203090010 Meherrin River 03010204180010 Corduroy Swamp CTaylors Millpond) 03010204180020 Liverman Creek, Meherrin River 03010204180030 Cutawhiskie Swamp 03010204200010 Potecasi Creek, Paddy's Delight 03010204210030 Potecasi Creek, Meherrin River 03010204210040 COUNTY PRESENCE TOWNS Whole Como Most Gates -- Whole Cofield, Winton Half Bertie Ahoskie + 2 Bertie Whole Ahoskie Most Hertford Ahoskie + 1 Bertie Most Bertie Most Hertford -- Whole Cofield, Harrellsville Whole Harrellsville Half Northampton Most Northampton Murfreesboro + 2 N Whole Murfreesboro, Como Most Hertford 2 Northampton Most Northampton 1 Northampton Whole Wmton The total area for the 16 hydrologic units represented is 402,708.6 acres. The entirety of Hertford County accounts for 57.3% of this area. The 1990 population of the combined sub -basins was 31,719 persons. Hertford County accounts for 71% of this population. Water quality information provided by the state is predicated on the Division of Water Quality (DWQ), "Use Support" data, which indicates the classes of uses which are being or should be supported in each water body. There are four categories of Use Support: Full, Threatened, Partial, and Non -supporting. The Use Classes for freshwater are: WS, B, C, SW, HQW, NSW, ORW. Class WS waters are designated to support withdrawal for public water supply. Class B waters should support primary recreational uses (swimming on an organized or frequent basis) plus C activities. Class C waters should support secondary recreation (swimming on an unorganized or infrequent basis), aquatic life propagation and survival, agriculture, and other non -water supply or non-food related uses. The supplemental classes of SW (Swamp Waters), HQW (High Quality Waters), NSW (Nutrient Sensitive Waters), and ORW (Outstanding Resource Waters) may. apply to open water areas where these descriptions are appropriate. Stormwater Disposal Rules apply to 19 development that requires a CAMA major permit or disturbs more than 1 acre of land along all Class B and C waters in the coastal region. At specified sampling stations, water is tested for dissolved oxygen, temperature, acidity OH), turbidity, fecal coliform bacteria, chlorophyll a, ammonia, arsenic, cadmium, chromium, copper, lead, nickel, mercury, zinc, chloride, fluoride and selenium. To be deemed "Fully supporting" the standard criteria for any one pollutant cannot be exceeded in more than 10% of the measurements. "Partially supporting" status applies to those areas in which any one pollutant exceeds standard criteria in 11-25% of the measurements. "Non supporting" status applies to areas in which any one pollutant exceeds the criteria in more than 25% of the measurements. Open water use class information for Hertford County shows Class B waters for all of the Chowan River and most of the Meherrin River. The final mile of the Meherrin before it narrows into stream miles is shown as Class C waters, as well as all of the other, stream miles, millponds, and rivers within the county. All waters are classified as NSW (nutrient sensitive waters). The use support data indicates that of the 11 units having open water, all that are out- of the Meherrin River drainage area are experiencing poor use support status. In fact, only 12.6% of the open water acres within the county are experiencing full support status. Almost 75% shows partial support status and close to 7% is non -supporting. All 16 of the hydrologic units contain stream miles. Stream miles (separate from open water) show a similar trend in water quality. Of 370.3 total stream miles in the combined hydrologic units, only 33 percent ranked "supporting" status. Thirty-six percent of the stream miles hold partial support status, and another 31% are non -supporting. The hydrologic units which are shared with Bertie County have no "supporting" stream miles. The unit shared with Gates County has 58% "supporting" stream miles, and the units shared with Northampton County have mixed status, with better showing in the northernmost units, deteriorating as you move southward. The use support status information leads to the conclusion that by the time water reaches Hertford County via the Chowan River by any means other than the Meherrin River, it's quality is impaired. 20 Land cover data provided by the State indicates that about 28% of the total area of these 16 hydrologic units is comprised of agriculture, bare soil, or grass. A varied mix of pine, hardwood, and conifer forests comprise 49% and another 2% is shown as riverine swamp. The remaining 21% is either water area or developed land or units of cover which make up less than 5% of the land. We do not know how this division over land cover divides out across adjoining county lines. While there are indications of poor water quality in the open waters and streams of the drainage systems, there are no obvious indicators as to the causes. Forests make up nearly half of the land cover, farms account for just over a quarter of the land cover, and four of the six municipalities provide wastewater treatment for the more densely populated areas. The Town of Cofield has historically experienced problems with failing septic tanks, but that situation has been rectified by the provision of sewer service to those citizens last year. Hertford County has long been aware that parts of Virginia as well as Northampton County, Bertie County and Gates County play a significant role in water quality conditions in this sub -basin, but they have not formed voluntary coalitions with their neighbors to address the problems that exist at this time. It will be interesting to see if any improvement occurs in the Wiccacon River/Hoggard Swamp unit as a result of the transition to public wastewater treatment. Hertford County is concerned about these problems and recognizes its rivers as important resources for the area. It has not been the County's tendency to develop policies which impose additional restrictions on local activities unless direct correlation of those activities to specific water quality problem areas can be provided. The County would like to see the State take more initiative in dealing with pollution from Virginia into our area. 2. Flood prone areas and Slope Slope represents a development problem in small areas of Hertford County. Steep slopes are primarily concentrated along the Meherrin River near Murfreesboro, where slopes of greater than 12% can be found. In these areas, the shoreline is susceptible to erosion. Slopes of 0 to 2% create an entirely different problem. These areas are almost ubiquitously flood prone areas. In 1995, Hertford County began participating in the National Flood Insurance 21 Program. This was the result of a 3-4 year effort by the county to provide protection to property owners in flood zones. The 100 year flood plain, or Zone A, shown on the Natural Hazards Map in Appendix A, is defined as those areas which have a 1% or greater chance of flooding in any year. Flood prone areas are located predominately along the Chowan, Meherrin and Wiccacon rivers and their tributaries. The following creeks are bounded by the 100 year flood plain: Potecasi Creek, Ahoskie Creek, Chinkapin Creek, Kirbys Creek and Buckhorn Creek. Along these major water arteries in the county, the 100 year flood plain is found. c..Groundwater Hertford County drinking water is heavily reliant on groundwater supplies. All the public water systems in the county utilize groundwater as the sole source for drinking water. Thus, both quantity and quality of local groundwater is critical to public welfare. Groundwater in Hertford County comes primarily from the Yorktown Aquifer. In the 1986 update, attention was given to the controversy regarding the effect of water withdrawal by Virginia sources as well as local usage. The Groundwater Section of the Division of Environmental Management prepared an interim report revealing that expanding development of reservoirs in the Coastal Plain in North Carolina and adjacent states during the past 20 years and the effects of this development on water levels and artesian pressures showed that the reservoir capacities and recharge rates were limited. Discussions with an old, established well drilling firm at that time substantiate the fact that the water levels were declining in private and commercial wells in Hertford County. According to their experiences, 400 foot wells drilled 20 years ago had water as close as 15 feet to the surface. By 1986, those same wells had water 35' to 40' below the surface. The Groundwater Division of the North Carolina Department of Environment, Health, and Natural Resources (NC DEHNR) has not done an update of their original report (1977), but indicates that conditions are not believed to have changed since 1986. The situation bears watching, but there is no cause for alarm at this time. Studies relating the county wide water system have shown that groundwater remains plentiful, but water levels and water quality are both a concern at this time. d. Stormwater Runoff Stormwater Runoff is an increasing concern related to both urban and rural practices. In urban areas, the amount of impervious surface controls the amount of 22 runoff during a storm. Impervious surfaces include things such as asphalt or concrete pavement and rooftops. As impervious surfaces are increased, precipitation can no longer be absorbed into the soils, and therefore runs off into gutters and streams. In rural agricultural areas, channelization has created similar concerns. Channelization is a man induced process of altering a natural stream by straightening and deepening in order to increase runoff. The increase in runoff may improve land for agricultural or other purposes. In recent years, grass based structures have been introduced as part of Cost Share programs' Best Management Practices (BMPs). 2. MANMADE HAZARDS a. Bulk Fuel Storage The manmade hazards within Hertford County are limited in number. Existing technological hazards consist of six (6) sites for storage of flammable liquids or gases. These sites are not "tank farms", but are home heating and gas suppliers, including NC Natural Gas, Amerigas (2), Eastern Fuels, H.L. Evans and Son, Inc., and Jernigan OR Company. Four of the businesses are found in or near Ahoskie at the following approximate locations: North Railroad Street, US 13 South, Aulander Highway, and North Rhue Street. Both Murfreesboro locations are on Main Street. b. Airport/Seaports/Nuclear Power Plants An additional manmade hazard within the County is an airport. Tri-County Airport is located on NC 561 in the southwestern part of the County and has averaged approximately 4,000 takeoffs and landings annually over the past five years. An expansion at the Tri County is currently under way. The runway will be extended 500 feet and resurfaced, which should facilitate increase usage. Currently, the airport does not encroach on the present pattern of urbanization. Height controls and a limitation on building are in effect to reduce future conflict with noise and glidepath patterns. Military overflights are very frequent in Hertford County, especially along the river. c. Chemical Storage and Hazardous Materials An abandoned fertilizer plant near Tunis has been designated as a site for Superfund cleanup of chemical pollution. CF Industries was closed in 1983; however, no activity has begun on that project so far. The soil can not be disturbed or removed unless in association with remediation. Other hazardous materials are located on Easco Aluminum in Winton, Meherrin Chemicals west ofAhoskie on US 42, Southern 23 States on Memorial Drive in Ahoskie, Ahoskie Fertilizer on US 13 south of Ahoskie, E.F. Stephenson & Son on US 258 south of Como, and F.S. Roster Mercantile in Murfreesboro. Many of these business cater to farms by selling fertilizers and pesticides. 3. FRAGILE AREAS Fragile Areas are those which could easily be damaged or destroyed by inappropriate or poorly planned development. These have unique qualities which. make them valuable to man and nature. The Coastal Area Management Act refers to the most important coastal fragile areas as Areas of Environmental Concern (AECs) and provides a system of local and State regulations to protect these resources. The following excerpts from A Guide to Protecting Coastal Resources Through the CAMA Permit Program explains the estuarine system AECs applicable to the Hertford County planning area: "The estuarine system is the coast's broad network of brackish sounds, marshes, and the shorelines surrounding them. These land and waters support an abundance of plant and animal life and are a great economic and recreational resource. Each component of the estuarine system depends in some way on the others. Any alteration, however slight, in one part of the estuarine system may have unforeseen consequences in other parts of the system. For example, the destruction of a salt marsh may lower the quality of estuarine waters and stimulate the erosion of nearby shorelines. "As an interdependent collection of lands and waters, the estuarine system needs coordinated management to ensure that human activities in one part of the system do not damage other parts of the system. Development in the estuarine system needs to be managed in order to protect the systems important values and benefits. These values include: good water quality for commercial and sport fishing; recreation and human consumption of fish and shellfish; continued free public use of navigable waters; and undisturbed nursery areas, spawning areas, shellfish beds, and other important habitats. The following components of the estuarine system have been designated as AECs: estuarine waters, public trust areas, coastal wetlands, and estuarine shorelines. 24 a. Estuarine Waters "Estuarine waters are the most extensive component of the estuarine system: the state's sound and tidal rivers link the wetlands, estuarine shorelines, and public trust areas. The Coastal Area Management Act defines estuarine waters as 'all the waters of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community Development (now DEHNR).' For the specific boundaries of estuarine and inland waters contact the nearest Division of Coastal Management office. "The highest biological productivity of the estuarine system depends on the unique water circulation patterns of the estuarine waters. These patterns are caused by tidal energy, mixtures of saltwater and freshwater flows, and shallow water depths. The circulation of estuarine waters transports nutrients and plankton, spreads young fish and shellfish, flushes plant and animal wastes, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the water to create a multitude of productive habitats. These habitats include nursery areas, mud and sand flats, salt marshes, submerged vegetation beds, and shellfish bed. The estuarines are also an important economic resource because they support boating, fishing, swimming and other recreational activities. They also have considerable value for education and personal enjoyment. b. Public Trust Areas Public trust AECs cover waters and submerged lands in the coastal region where the public has rights of use and/or ownership, including rights of navigation and recreation. These areas support valuable commercial and recreational fisheries and are important resources for economic development. The following lands and waters are public trust areas: • all waters of the Atlantic Ocean and the land thereunder from the mean high water mark to the seaward limit of state jurisdiction; • all natural bodies of water, and all lands thereunder, except privately -owned lakes to which the public has no right of access • all water in artificially created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and • all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. 25 "These areas overlap with the estuarine waters AEC, but they also cover inland fishing waters that are not in estuarine waters AEC. "Development in public trust areas must be properly managed in order to protect public rights for navigation and recreation, and to perpetuate the biological and economic benefits these areas provide to the people of the state. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are generally considered incompatible with the management policies for public trust areas. The development of navigation channel or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharves, and marines are examples of uses that may be acceptable within public trust areas, provided they will not be detrimental to public trust rights and the ecological functions of the areas. c. Coastal Wetlands "The Coastal Area Management Act defines a coastal wetland as any marsh subject to regular or occasional flooding by lunar or wind tides. Freshwater swamps and inland wetlands are not covered by the Act, unless the CRC designates them as a 'natural resource AEC'. They are, however, protected by the Clean Water Act and a Corps of Engineers permit is required for work in them. Coastal wetlands contain certain plant species. "The roots, stems, and seeds of marsh plants provide high quality feed and nesting materials for waterfowl and other wildlife. Plant leaves and stems also tend to dissipate waves while their extensive root systems bind soil; thus, marsh plants reduce the erosion of estuarine shorelines and help guard against flood damage. The unique productivity of the estuarine system is supported by the nutrients and decayed plant material (or detritus) that the marshes produce; these nutrients and detritus support marine life. The marsh also traps nutrients by slowing the water which flows over it. In this manner, the level of nutrients supporting life in the estuaries is maintained, and sediments harmful to marine animals are removed. Without coastal wetlands, the complex food chains and high productivity levels typically found in the estuaries could not be maintained. "That productivity is of great importance to North Carolina's economy. Ninety- five percent of the commercial and recreational seafood species -(including shrimp, flounder, oysters, crabs, and menhaden) depend on coastal wetlands for part of their lives. There are no coastal wetlands identified in Hertford County. 26 d. Estuarine Shorelines "The CRC has designated as an AEC all shorelines within 75 feet landward of the mean high water level, or normal water level, -of the estuarine waters. Estuarine shorelines, though typically dry land, are an important part of the estuarine system because of their connection to the estuarine waters. Improper development along the estuarine shoreline can pollute or destroy adjacent waters and wetlands. Estuarine shorelines are also vulnerable to erosion, flooding, and other natural hazards found in the estuarine system. "Development along estuarine shorelines must not damage these natural barriers to erosion, nor should development harm documented historic architectural or archeological resources. It is also important for construction of projects to avoid causing sedimentation of estuarine waters, and to avoid covering the shoreline within impervious surfaces. Buffers of natural vegetation between the shorelines and development provide additional protection for estuarine resources. e. Historic Properties Within the county, there are a number of properties which are on the national register of historic sites (see figure 10). Historic preservation has been strongly pursued in Murfreesboro, though recently Harrellsville has shown strong interest also in historic preservation. Since the last land use plan update, nearly all of Harrellsville has been surveyed and a number of structures and sites were placed on the National Register of Historic Places. Of 92 buildings surveyed, 66 were found to be contributing structures; those properties are listed extensively in figure 10. Outside of Harrellsville, only one property has been added to the list since 1990, that of the Calper-Thompson house in Murfreesboro. In addition to historic properties, there are 168 recorded archeological sites in Hertford County. However, there has never been an intensive survey of the county, so it is likely that other unknown sites are present. 27 C. CONSTRAINTS: CAPACITY OF COMMUNITY FACILITIES 1. EXISTING WATER AND SEWER SYSTEMS Any intensive development, whether residential or industrial, should be preceded by the provision of water and sewer services. Local units of government can influence when and where development takes place by providing and denying these services. The provision of such services by the community indicates that community's intention and commitment to development. / a. Water Systems County: A County water system is currently in progress. The proposed wells are located off of Highway 11 near Potecasi Creek. The test wells in the area reveal that little or no treatment of the water will be needed. The distribution of the water system is organized by districts. Currently, two districts are proposed: Southern and Northern District, though a future district will eventually serve the eastern portions of the county. The Southern District will serve the most populous portions of Ahoskie, St. John's and Winton townships. The Northern District will serve Murfreesboro and Maney's Neck townships. The county currently has agreements to connect with the municipal water systems of Ahoskie and Winton for emergency purposes. Construction of the wells and lines for the Southern district is proposed as early as April or May of 1996. The Northern District will follow the Southern one. Ahoskie: Ahoskie is the major population center in Hertford County and is located in the southcentral portion of the County near the Bertie County line. Ahoskie has a 1994 estimated population of 4, 562 and is the distributor for the water system. Water is supplied by five (5) wells with a maximum daily capacity of 1.4 million gallons per day (gpd). Water storage capacity is 900, 000 gallons per day. Average demand is 750, 000 gpd. Cofield: Cofield is located in the southeastern portion of Hertford County and has an estimated 1994 population of 392. Water is supplied by 2 deep wells with a total pumping capacity of 268,000 gpd. The Cofield population only requires approximately 44,000 gpd. Como: The town of Como does not provide water service -to its residents. Harrellsville: Harrellsville is located northeast of Ahoskie and has an estimated population of 111 for 1994. Water is supplied by 3 wells with a maximum daily capacity of 60,000 gpd. Water storage capacity is 12, 000 gallons in a ground storage tank with a peak demand of 30, 000 gpd. Several water improvements are anticipated before the next planning period, including an additional well, overhead tank, and eighteen miles of water line. In addition, the town is currently negotiating to hook up to Bertie County water system for emergency purposes. Murfreesboro: Murfreesboro is located in the northwestern part of Hertford County and has a population (1994 estimate) of 2,343. Water is supplied by three (3) wells with a maximum daily capacity of 2.1 million gpd. Water storage capacity is 575, 000 gallons in a elevated tank. Average demand is 324, 000 gpd. 28 • Winton: Winton, with an estimated 1994 population of 851, is the county seat of Hertford and is located in the northeastern section of the County. Water is supplied by three (3) wells with a maximum daily capacity of 1.7 million gpd. Water storage capacity is 200, 000 gallons in an elevated tank. Average demand is 134, 000 gpd. Winton is currently using less than 10% of its current well capacity. Ahoskie, Cofield, Murfreesboro, and Winton all have their own independent land use plans which should be consulted for specific details relating to public works systems and other development matters. There are a number of private water systems in Hertford County, though the systems at Union and Millennium are the largest. Union Utilities Corporation Water System serves the area around Roanoke-Chowan Community College. The system consists of two (2) wells. The Millennium Community Water Association is located in the southwestern section of Hertford County. This private water system consists of two (2) wells with an estimated capacity of 115, 200 gallons per day. Current usage amounts to 33, 000 gpd or less than 30% of the total system capacity. Other small water systems include Choanoke Shores, serving 15 people with 1 well and Bryantville Park. In summary, the water systems, public and private, in Hertford County serve an approximately 50% of the County's households. This Ieaves about half of the County's households which rely on private wells or other sources for potable water. Water quantity.is sufficient for present use and should be adequate well into the turn of the century. Population increases between 1990 and the year 2000 are anticipated to be only 243 people. The current capacity in urban areas should be sufficient for population growth in urban areas. The rural water system currently being pursued by the county should largely meet the needs of rural residents by the next planning period. b. Sewer Systems Ahoskie: Ahoskie presently operates a wastewater treatment system of the trickling filter type with a design capacity of 901, 000 gpd. Current usage amounts to 768, 000, though capacity is exceeded occasionally. The town is currently undergoing a wastewater treatment expansion study to correct this problem. Cofield: Cofield tied on to the wastewater system for the Town of Winton in 1994/95. Currently Cofield utilizes 32, 000 gpd or 22% of the Winton's current sewer capacity. Como and Harrellsville: Both Harrellsville and Como do not maintain a wastewater system and presently relies on individual on -site methods for the disposal of wastewater. 29 Murfreesboro: The wastewater collection and treatment plant operated by the town of Murfreesboro is of the land application type and has a capacity of 476, 000 gpd. Average daily demand varies from 240, 000 to 280,000 gpd, depending on whether the college is in session. Winton: Winton operates a system similar to Murfreesboro's and has a capacity of 235, 000 gpd. Yearly demand averages about 140, 000 gpd, of which 32, 000 is utilized by the Town of Cofield. The Hertford County Industrial Park is currently tied into the Winton system, as well. 2. SOLID WASTE Since the last planning period, there have been significant changes in solid waste disposal. The County contracts with East Carolina Environmental to utilize the regional landfill in Bertie County. The Hertford County landfill, operating in the last planning period, has now closed, though it still operates as a transfer station. The county currently pays $40 ton in tipping fees, through the operation of an enterprise fund. No ad valorem taxes are used to fund solid waste fees; each dwelling is assessed $100 annually for these services. The County presently has seven (7) rural sites for garbage collection. These manned sites provide collection for the following recyclables: plastics (1 & 2), glass, steel, newspaper, aluminum cans, and telephone books. White goods, freon, - automobile tires, metals, wood products, and oil are only collected at site #7, or the old landfill. While individuals are responsible for transporting their garbage to the landfill, there is an option of curbside pickup available throughout the entire county by private contractors. Currently, five (5) permitted solid waste haulers operate in the county. 3. EXISTING SCHOOL SYSTEM ANALYSIS In 1989, the school system was consolidated in Hertford County. The Hertford County Board of Education presently operates six (6) schools within the county. Four (4) of these are elementary, one is a middle school, and one is a senior high school. The elementary schools are located in Ahoskie (2), Winton, and Murfreesboro. The consolidated middle school is located in Murfreesboro. The senior high school is sited in Ahoskie. The average enrollments for the 1994/95 school year represented a modest increase over the 1988/89 figures shown in the last land use plan (see figure 11). 30 Riverview Elementary School in Murfreesboro has experienced the most growth in enrollment, 15 %. These figures show the reversal of a downward trend in school enrollment that occurred throughout much of the 1980s. FIGURE 11 Public School Enrollments Hertford Coun School S ste 1994/95 Percent Elemen 1988/89 1994/95 Change Riverview K-5 627 725 15.63 C.S. Brown -5 293 295 0.68 Robert L. Vann 4- 369 400 8.40 Ahoskie Graded 73 743 750 0.94 TotalElementary 2,032 2170 6.79 Hertford CqTjy Middle School 948 1,0401 9.70 Hertford County I -Egli School 1,168 1,260 7.88 Total Public School Enrollment 4148 4,470 7.76 So urc a s: IM Hertfo rd C o untyLand Use Plan Update: Jsrrigan,Nancy,Personal Communication,1995; Brom,Yvonne,Personal Communication,1395; F rizell, Personal Communication,1995; Rampenad,Jackie, Personal Communication,'695. The high schools and middle schools have seen the most growth in the last six year period. Presently, several schools face overcrowding problems. The high school has the most critical space problem, with enrollment near 1,300 students. However, thirteen (13) mobile classrooms are located on site to help offset this problem. Ridgecroft School, a private pre-K through 12 accredited education facility, in Ahoskie educates students from a wide region in Northeastern North Carolina. Students are drawn from Hertford, Bertie, Northampton, Gates, and Halifax counties. The enrollment for the 1994/95 year was 330, though past enrollment has reached 375. The school has plans for expansion of the pre-K unit. The facility will be designed for the pre-K 3 and 4 year olds, and will include a separate play yard and parking. Other private schools in the area include Ahoskie Christian School and Murfreesboro Christian School. Ahoskie Christian school, a pre-K-12 facility, serves approximately 100 students, 40 of which are in the pre -kindergarten program. 31 Murfreesboro Christian School is a K-12 facility serving 16 students. Post secondary education in Hertford County is offered by Roanoke - Chowan Technical College near Union, Shaw University Cape Center in Ahoskie, and Chowan College in Murfreesboro. Roanoke - Chowan Technical Institute (renamed later, Roanoke - Chowan Technical College, then Roanoke - Chowan Community College) was established in 1967 with a commitment to serve the people of the Roanoke - Chowan area. This area includes Bertie, Gates, Northampton, and Hertford counties. The average enrollment for the community college for the 1994/95 school year was 816. This represents a substantial increase, almost 25%, from the 1989/90 year of 660 students. The campus currently contains four buildings including the Jernigan Education Center, the Vocational -Technical Building, and the John W. Young Center. The newest building, dating 1987, the Freeland building houses classrooms, small business center, and child daycare center. A new building is proposed for construction on the campus to function as classroom facilities and the student services center of the college. The proposed facility, whose construction is at least five years away, is enabled through a successful state bond referendum. The college currently offers associate degrees in a number of fields, including administrative office technology, architectural technology, business administration, criminal justice, mental health, early childhood education, .nursing, special education and general education. Vocational and certification programs are offered in air conditioning/heating/refrigeration, auto mechanics, cosmetology, diesel vehicle maintenance, light construction, welding, pre nursing, pre radiology, and nursing assistant. Chowan College in Murfreesboro, which is owned and supported by the Baptist State Convention of North Carolina, was established in 1848. The college has historically been a two-year co-educational college, though they are now offering baccalaureate degrees in a number of fields. While the college maintains an emphasis of liberal arts education, some business and technical fields are offered, as well. Among the Associate Degree programs offered are Accounting, Business Administration, Computer Information Systems, Liberal Arts, Merchandise Management, Music, Music Business, Pre Agriculture, Pre Athletic Training, Pre Computer Science, Pre Engineering, Pre Forestry, Pre Medical Technology, Pre Medical, Pre Dental, Pre Veterinary Medicine, Pre Nursing, Pre Optometry, Pre Pharmacy, Pre Psychology/Sociology, Pre Pulp/Paper Science Technology, Printing Technology, and Social Studies. 32 The Baccalaureate degrees tend to emphasis the traditional fields of study, such as English, History, Liberal Studies, Math, Business Administration, Music, Art (Commercial and Studio), Religion, Science, and Applied Science. Printing Production and Imaging Technology, Sports Management and Sports Science degrees offer diversity to the baccalaureate degree program. Education degrees are offered as well for both elementary and secondary levels. However, certification is only available for the elementary education program. The college is currently taking steps to obtain the granting of certification in all education fields. Chowan College initiated its development program in 1957 and since that time numerous buildings, renovations and expansions have been completed on the 142 year old campus. The campus contains approximately 20 buildings, of which 6 are residence halls, since the majority of students live on campus. Of the 20 buildings, none have been added to the campus since 1990. There are plans for a new student center, though the construction of this facility will be at least 4 to 5 years from now. The enrollment at the college for the 1994/95 year numbered 816. The enrollment at the college has been on a slow decline for a number of years. The diversity of the curriculum and expansion to a four year program is an attempt to attract more students to the college and provide a boost to enrollment. Shaw University Cape Center, which has been operating since 1982, also offers post secondary education within the county. The degree programs are offered at night and are primarily targeted at working adults. Currently, five bachelor degrees are offered, including Criminal Justice, Sociology, Business Management, Public Administration, and Liberal Studies. The Shaw University extension center is completely self contained and is located in a wing of the RL Vann building. Students are able to complete their degree programs entirely in Hertford County, though they have to travel to Raleigh for graduation. Current enrollment at the Cape Center approximates 30. 3. EXISTING ROAD SYSTEM ANALYSIS Hertford County is marked by an absence of interstate highways. The nearest interstate highway is I-95; it can be accessed by county residents via 561. Despite the absence of interstate mileage, the county does contain three US highways, US 13, US 158 and US 258 and a number of NC highways, including NC 35, NC 41, NC 42, NC 45, NC 305, NC 461, and NC 561. These highways constitute the primary roads in the county, though they make up only a small total of the county roads, approximately 25% (see figure 12). 33 FIGURE 12 Road Mileage Hertford Coun 1994 Numberof Type of Roads Miles Percentage Primary Roads 114.43 25.35 Secondary Roads 336.96 74.65 Paved Highways 387.89 85.93 Unpaved Highways 63.50 14.07 Total 451.39 100.00 Source: NC State Data Center, 1994. Secondary roads are scattered throughout the county and make up the majority of mileage in the county. However, over 60 miles or almost 15% of the secondary roads are unpaved. A number of secondary roads have been paved since the last plan, including 25 miles of highway for a decrease in unpaved roads of almost 30%. Average daily traffic along these secondary roads ranges approximately from 30 to 200 vehicles per day. The primary roads are all two lane, and are designed for a maximum capacity of 12,000 vehicles daily. US 13, NC 561, and NC 42 are operating at 95% or more of capacity (see figure 13). 34 FIGURE 13 Utilization of Pfimary Roads Hertford County, 1994 Road Design Maximum Percent Number Capacity ADT Utilization US 13 12,000 13,000 108.33 US 158 12,000 10 600 88.33 US 258 12,000 10,600 88.33 NC 11 12,000 6,800 56.67 NC 42 12 000 11,700 97.50 NC 45 12,000 3100 25.83 NC 305 12 000 2,100 17.50 NC 461 12,000 1100 9.17 NC 561 12,000 12100 100.83 Sources: Map of "1994 Annual Average Daily Traffic, Hertford County, North Carolina", NCDOT Division of Highways, Planning and Research Branch,1995; 1990 Hertford County Land Use Plan Update Location of the Maximum ADTs US 13 Inside Ahoskie between Academy and Rhue Streets US 158 Inside Murfreesboro, at 158/258 junction US 258 Inside Murfreesboro at 158/258 'unction NC 11 Northeast of the intersection where 11 Bypass and Business merge NC 42 Inside Ahoskie 13/42 near corner of Academy and Memorial NC 45 At western side of Winton city limits NC 305 At junction of 305/561 with 35 NC 461 Northeast of 461/561 'unction NC 561 Inside Ahoskie north of First Street Sources: Map of "1994 Annual Average DaUy Traffic, Hertford County, North Carolina", NCDOT Division of lighw ays, Planning and Research Branch,1995; 1990 Hertford County Land Use Plan Update. All of these traffic measurements were taken inside the city limits of Ahoskie. Thus, over capacity roads are largely confined to US 13, NC 42, NC 561 corridors in the Ahoskie city limits. The 1996-2001 Transportation Improvement Plan includes construction of bypass around Ahoskie on US 13 from NC 42 to the Winton Bypass. Many of the currently overburdened intersections in Ahoskie would be alleviated of traffic congestion when the Ahoskie Bypass is completed. In 1994, the US 158/258 intersection inside the Murfreesboro city limits was 35 operating at 88% of capacity. The 158 Bypass around Murfreesboro, completed late in 1995, however, should have relieved much of this traffic. More recent average daily traffic counts are anticipated to show a decrease in traffic at that particular intersection. The remainder of the county traffic seems to be well under the design capacity. Thus, the majority of the roads in the county and all of those in the unincorporated areas are meeting the needs of the residents. D. ESTIMATED DEMAND 1. POPULATION AND ECONOMY As exhibited in Figure 14, Hertford County experienced a loss of 1,006 persons between 1970 and 1990, and continued decline is anticipated for Hertford County . through 2020. FIGURE 14 POPULATION PROJECTIONS HERTFORD COUNTY TO 2020 25000 23529 23368 23000 :� rir �' �� � 22523 �, 22258 21515 P 21000. - 20805 o 19000 '. �x P: 17000 150001 �#£kAa hso✓ � ;. ' d+.T�,�,, ..,e � ""`mow �. r 1970 1980 1990 2000 2010 2020 Year According to population projections prepared by the State Demographers, the county will decline by an additional 1,625 persons by 2020. This represents a 7% decline over a twenty-five year period; only 1% of that decline is anticipated between the present and the turn of the century. A more detailed look at the predicted population decline is shown in Figure 15, which indicates the projected populations for Hertford County and the six (6) municipalities within the county, based on current trends. 36 operating at 88% of capacity. The 158 Bypass around Murfreesboro, completed late in 1995, however, should have relieved much of this traffic. More recent average daily traffic counts are anticipated to show a decrease in traffic at that particular intersection. The remainder of the county traffic seems to be well under the design capacity. Thus, the majority of the roads in the county and all of those in the unincorporated areas are meeting the needs of the residents. D. ESTIMATED DEMAND 1. POPULATION AND ECONOMY As exhibited in Figure 14, Hertford County experienced a loss of 1,006 persons between 1970 and 1990, and continued decline is anticipated for Hertford County through 2020. FIGURE 14 POPULATION PROJECTIONS HEIZTFORD COUNTY TO 2020 25000 23529 23368 23000 rw.- 22523 22258 21515 P 21000 20805 19000 �. P 17000 „. = 1500 1970 1980 1990 2000 2010 2020 Year According to population projections prepared by the State Demographers, the county will decline by an additional 1,625 persons by 2020. This represents a 7% decline over a twenty-five year period; only 1% of that decline is anticipated between the present and the turn of the century. A more detailed look at the predicted population decline is shown in Figure 15, which indicates the projected populations for Hertford County and the six (6) municipalities within the county, based on current trends. 36 FIGURE 15 Future Population Trends Hertford County,1990-2000 Census Est Est Est Est Proj Proj Proj Proj Proj Proj 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Ahoskie 4535 4562 4497 4576 4562 4541 4536 4528 4518 4505 4496 Cofield 407 409 404 400 392 405 404 403 403 401 401 Como 102 105 105 101 104 103 103 103 103 103 102 Harrellsville 106 105 103 108 111 108 108 108 107 107 107 Murfreesboro 2580 2445 2220 2107 2343 2349 2346 2342 2337 2331 2326 Winton 796 803 799 829 851 821 820 818 816 814 812 County Total 22523 22588 22465 2262122430 22480 22454 22415 22364 22304 22258 . Source: NC State Data Center for Census and Estimates; Mid -East Commission for sub -county projections. The estimates show population growth or decline that already has occurred, whereas the projections indicate that which is likely to occur. Since several municipalities have been gaining in population, including Ahoskie, Como, Harrellsville, and Winton, it is likely that the overall county figures will realize growth. The Hertford County Planning Board feels that state pre -decision for decline are overestimated. Assuming all municipalities represent urban areas in the County, approximately 37.4% of the 190 population was urban, while 62.6% of the population was rural. In 1970, the mix was 45.6% urban and 54.4% rural, which changes to 40.3% urban and 59.7% rural by 1980. The figures indicate slow growth in the county as well as gradual change in the rural -urban mix trend toward even greater rural dominance. This trend may indicate a tendency for residents to escape the towns for locations just outside the actual municipality, or it may reflect the out -migration of city dwellers to other counties or states. A comparison of 1994 estimates with 2005 projections for age distribution is found in Figure 16. Hertford County may have a decrease of 278 school age children (ages 5-18) by the year 2005. This comparison also notes a small decrease in the population aged 65 and over by about 28 persons. The result is that the senior citizens population is declining at the smallest rate, such that the number of senior citizens relative to young people is actually increasing. Therefore, these trends indicate a 37 decrease in school attendance, a broader mix of varied recreational needs, and an increased need for personal services for the retirement community. The county's economic base has been agriculture and forestry oriented in the past. These industries are expected to remain relatively stable, and they continue to constitute a large part of the economy. One major shift in agriculture seems to be occurring; that is, hog farming is becoming more prominent on the landscape. Peanuts, corn, and soybeans remain dominant corps for the county. In terms of industries in the industrial park are anticipated to expand. FIGURE 16 Projected Population by Age Hertford County 1990 to 2005 1990 1994 200 2005 1994-2005 Age Number Percent Number Percent Number Percent Number Percent Change 0-4 1602 6.7% 1604 7.2% 1497 6.7% 1483 6.8% -7.54% 5 -18 5045 21.0% 4675 20.8% 4820 21.7% 4397 20.1% -5.95% 19 - 64 13623 56.6% 12769 56.9% 12526 56.3% 12624 57.8% -1.14% 65 and 3780 15.7% 3382 15.2% 3415 15.3% 3354 15.3% -0.83% UP Source: NC State Data Center 2. FUTURE LAND NEEDS The CAMA Land Use Plan guidelines give local governments an opportunity to estimate the need for residential structures and related services. Locations suitable for such development should also be identified. In 1980, Hertford County had an average household size of 3.1 persons, while the 1990 population had an average household size of 2.75 persons. Since the population is aging, it is unlikely that this factor will change significantly over the next ten years. In addition, the population is decreasing, so there will not be a large demand for additional housing units other than replacement of aging housing stock. Because adequate land with central water and sewer services is readily available in four of the six municipalities, this need can be easily accommodated. 38 It is anticipated that Hertford County's future land development needs will continue to be centered in or near its incorporated areas and the unincorporated crossroads communities. Sub -division regulations are in effect which govern the density by controlling lot size for private well and septic tank needs where public services are not available. Hertford County, with its 356 square miles, is sparsely populated. Even. so, it is projected to have a population density of 61.4 persons per square mile by the year 2005. This represents about 2% decrease from the 1994 figure of 63.0. 3. COMMUNITY FACILITIES DEMAND Hertford County will be able to absorb the projected population with no undue burden on existing facilities. As previously noted, the Hertford County school system has increased slightly since the last plan update; however, the school age population is predicted to increase in the short term but decrease in the long term (See Figure 16). It is estimated that no additional educational facilities will be needed with the supplement of mobile classrooms; however, the replacement of buildings will be necessary as facilities age. Hertford County has more than adequate supply of groundwater at this time; therefore, the water supply should not provide any constraint to development. The county water system, which should become operational by the end of 1996, will provide safe and adequate water supply to rural citizens. Of the three wastewater treatment facilities that are currently operational in the county, only Winton has sizable excess capacity. Winton utilizes about 25% of its current capacity to provide service for its own citizens as well as the Village of Cofield and the Hertford County Industrial Park. Ahoskie's sewer system needs expansion, and the town is currently undertaking an expansion study. Expansion of the sewer system will allow the town to accommodate growth. Functional capacity of the Murfreesboro system is highly dependent on weather conditions, but it can support limited growth. Future plans to reline pipes will help the town more efficiently utilize its current capacity. All waste water system should be adequate to provide for the 39 current projected population growth over the next ten years. New business which utilizes large quantities of water may be limited in available locations. E. S0V1MARY OF DATA COLLECTION AND ANALYSIS The current population and economy statistics were obtained by examining present trends in Hertford County's population and economy since 1980. Demographic data from the US Census as well as NC State Data Center, City -County Data Book, Hertford County NRCS and ASCS officers, and the North Carolina Division of Travel and Tourism. Conversations were also held with economic development personnel for present day economic representation of the county. Existing land use information was obtained by conversations with county personnel and a review of building permit records to update land uses from the 1990 plan. Current Plans, Policies, and Regulations information was gained from sources such as NC Departments of Transportation; Environment, Health and Natural Resources, and the Hertford County Planning and Zoning Commission and County Manager's office. Constraints: Land Suitability information was obtained from the 1990 Land Use Plan Update with additional information on water quality provided by the Division of Coastal Management. The NC Department of Cultural Resources provided information on historic sites. Constraints: Capacity of Community Facilities information was obtained from interviews with local officials and the NC Division of Environmental Management. Future Land Needs information was developed by examining past trends and future projections. Community facilities demand data was developed based on present use, capacity and future growth projections. Information in the 1986 and 1990 Land Use Plan Updates was utilized where appropriate. 40 F. MAJOR CONCLUSIONS FROM DATA SUMMARY 1. PRESENT CONDITIONS a. Population and Economy (1) Since 1970 the population has decreased in Hertford County. 1994 population estimates reveal that population decrease is continuing, though at a very low rate. (2) The larger municipalities, Ahoskie and Murfreesboro, experiences the greatest population losses over the 25 year period. This illustrates the rural character of the county. (3) The county has an elder population which is significantly greater than the state average. This implies a need for special services and facilities. (4) Hertford County's economy continues to be primarily agricultural -forest oriented, but manufacturing, retail sales, and services are the largest employers in the county. (5) Manufacturing firms in the county are dominated by metal industries. (6) Agricultural products remain important. Peanuts, corn, soybeans and tobacco are major crops, wile livestock products such as chickens and hogs are gaining in importance. In the ten year period between 1982 and 1992, the number of meat chickens sold increased by 276%, largely due to the location and expansion of Perdue Industries. b. Existing Land Use (1) There has been very little change in land use patterns since 1990. (2) An increase in urban build-up has occurred since 1986 in Ahoskie, and Murfreesboro. (3) The County population continues to be grouped in and around the communities. There is a slight trend toward development in the unincorporated communities. (4) Areas likely to experience major land use change by the year 2000 are Murfreesboro, Winton, and Ahoskie. Completed and planned highway improvements should have major impacts on these. (5) Hertford County has three (3) areas of environmental concern which consist of estuarine waters, public trust areas, and estuarine shorelines. c. Current Plans, Policies and Regulations Hertford County already has plans and policies in place that affect land development in the County, and State -enabling legislation is such that the County can adopt additional legislation when it deems it necessary. 41 2. CONSTRAINTS: LAND SUITABILITY a. Hertford County has few manmade constraints, but does have physical constraints, such as wetness and flooding. Groundwater depletion and pollution of the Chowan River are relatively stable at this time. The manmade hazards include the County airport which accommodate a low volume of private flights. The County receives a great deal of military overflight from the Virginia area. b. Hertford County has several types of fragile areas. These fragile areas are the estuarine waters and shorelines of the Chowan and Meherrin Rivers and their tributaries, Public Trust Areas, complex natural areas (several wooded swamps) located along the Chowan River shoreline, and historical cultural. c. Hertford County has two types of areas with resource potential. These areas are prime farmland and forest lands. 3. CONSTRAINTS: CAPACITY OF COMMUNITY FACILITIES a. Groundwater supply in Hertford County, while decreasing does not present a constraint for development. The water systems provide adequate quantity and quality of water. The rural water system pursued by the county will provide public water to a large portion of residents prior to the next plan update. b. Municipal wastewater facilities in Ahoskie are undergoing improvement. Other systems are adequate for the needs of their service areas. c. The school system does not present a constraint for development since school age population is anticipated to decline. d. Hertford County's present road system is not being utilized to full capacity. With the planned improvements in and near municipalities, the road system presents no constraints to development and may even spur development in the upcoming planning period if improvements are completed as scheduled. 4. ESTIMATED DEMAND a. Population and Economy (1) Population decline has occurred since 1970 and is anticipated through 2020. (2) Population increases in Ahoskie, Como, Harrellsville, and Winton may reverse population decline in the next planning period. (3) There is growth in the rural portions of the county, probably indicating a tendency for residents to locate just outside existing towns. 42 (4) A decrease in the number of school age children is anticipated and even though the percentage of senior citizens is declining overall, their number relative to young people is actually increasing. b. Future Land Needs (1) The average household size is decreasing and since the population is aging, it is not likely that this factor will change significantly in the future. (2) There will not be a large demand for additional housing units, except to replace aged structures and existing infrastructure should accommodate the demand for new and existing housing. c. Community Facilities Demand (1) If the population decreases as predicted, no additional school buildings will be necessary. The school age population, which will increase in the short term is predicted to decrease in the long term. The replacement of buildings will be necessary as older facilities age out. (2) The County currently has an adequate supply of deep groundwater. Shallow wells have experienced problems over the years. The rural, water system should provide a safe and adequate water supply to residents in the unincorporated areas of the county. However some sparsely populated areas of the county do not qualify for USDA RD loan approval under the present rules. Therefore, the rural system does not go down every public road. Water capacity is adequate in all municipalities for anticipated growth. Wastewater treatment facilities are adequate in all municipalities except Ahoskie, which is currently working to correct the problem. Future water supply may be negatively influenced by large draw downs from industries and municipal systems. Safeguards are needed to maintain adequate stream flow levels. 43 M. POLICY STATEMENTS The setting of goals, objectives, policy statements, and implementation procedures are the most essential elements of any developmental plan. The formulation of goals and objectives should reflect sound planning principles and most importantly, express the values of the area's citizens. Thus, the declaration of a community's values sets the tone for the design of the development plan. During this five year planning period, the Coastal Resources Commission (CRC) gives'Hertford County the opportunity to address land use issues which impact on Resource Protection, Resource Production and Management, Economic and Community Development, Continued Public Participation, and Storm Hazard Mitigation, Post Disaster Recovery and Evacuation Plans. Some of these issues are of continuing concern in land use plans. Those will be re -addressed in this current update. An assessment of the 1990 policies follows this introduction. The policy statements for 1996-2001 are the results of recommendations, local input, and the Planning Board's experience in Hertford County's needs. These statements define the problem or opportunity, possible alternatives for action, the selected alternatives and the means to implement the alternative. It must be noted that some issues are of such great importance that appropriate alternatives are obvious and non-negotiable. Many others in the discussion required by CAMA guidelines are only vaguely applicable in Hertford County at this time. Generally speaking, Hertford County embraces a pro -growth philosophy. Economic needs have contributed to this point of view. Nevertheless, if the county were faced with over -abundant or adverse development pressure, policies would revert to quality of life criteria as a guiding principle to control development. In 1989, the citizenry spoke out in force against a possible hazardous waste site, proving that "growth at any cost" is unacceptable. There are three basic approaches to resource issues: Preservation, Conservation, and Exploitation. A preservation approach attempts to prohibit use altogether in order to save the resource in its natural state for future generations to enjoy.. This approach requires adoption and strict enforcement of protective laws. An example 44 might be prohibiting development in a known habitat for an endangered species. If applied to privately owned property, such restrictions are subject to legal challenge as a "taking of property rights. A conservation approach attempts to use resources sparingly in order. to prolong their usefulness over a long period of time. This approach uses regulations, restrictions, and incentives to control the rate at which or the way in which a resource is used. In a sense, it controls the "supply" regardless of the "demand." An exploitation approach attempts to use resources in an uninhibited way in direct response to demand. It has relatively short term focus and relies on the availability or development of substitutes when the resource is depleted. This approach thrives in the absence of regulation or enforcement and may be desirable where resources are overabundant or substitutes are readily available. Any -of these approaches is an alternative open to Hertford County as it explores policy options. The conservative approach probably describes most chosen implementation strategies in Hertford County. A. 1990 POLICY ASSESSMENT The 1990 Land Use Plan Update enumerated policy statements and implementation strategies on 10 resource protection issues, 5 resource production and management issues, 7 economic and community development issues, 3 continuing public participation issues, and 2 storm hazard mitigation issues. For the 35 issues required by CAMA for discussion, 27 policy statements were made, addressing those policy issues which applied in Hertford County. An abbreviated version of the previous policy statements follows —including an evaluation of effectiveness. All required issues not listed below were not applicable in the 1990 plan. Overall, the county's implementation record is exceptional. Of the total 27 policy statements, 15 presented opportunities for implementation during the last planning period. All of those policies were implemented, for a grade of 100%. (Twelve of the policies which were applicable in Hertford County had no activity during the planning period which would necessitate implementation. 45 ABBREVIATED HERTFORD COUNTY 1990 POLICIES RESOURCE PROTECTION Constraints to Development 1. Support existing regulations at all levels concerning flood plain development and septic tank installation + Enforce County septic standards, flood zone restrictions in County zoning ordinance and Federal Flood Insurance standards, and state building codes Local Resource Development Issues Relative to AECs 2. Support protective measures in AECs, but encourage resource development activities which can meet State and Federal and local standards + Enforce County's AEC overlay in Zoning Ordinance, requiring EIS for disturbing greater than 1 acre of land, enforce CAMA permit standards, State building codes, Federal Flood Insurance standards; and support of Soil Conservation initiatives and Corps of Engineers dredge and fill requirements Hazardous and Fragile Areas 3. Conserve fragile areas n/a Enforce CAMA regulations, consider future protection of historic areas at the request of citizens Hurricane and Flood Evacuation Needs 4. Support efforts of Hertford County Disaster Relief and Assistance Plan + Rely upon their Emergency Management Coordinator to implement this policy Potable Water Supply 5. Protect water supply + Enforce zoning ordinance, building codes, and Health Department; encourage proper application of pesticides 46 Package Treatment Plants 6. Allow package treatment systems which meet State and local requirements n/a Enforce County and State regulations already in place Storm water Runoff 7. Permit storm water runoff along natural topographic contours n/a No strategy is needed Marinas and Floating Homes and Dry Stack Storage 8. Allow projects which meet current CAMA standards n/a Evaluation of County's requirement of EIS for projects greater than 1 acre; support for CAMA or Corps of Engineers permit standards Industrial Impacts on Fragile Areas 9. Assess impact of industry on fragile areas prior to any rezoning or permitting action n/a Investigate and evaluate the EIS prior to issuance of permits Upland Excavations for Marina Basins 10. Support State restrictions to allow activity which meets regulations n/a Support CAMA permitting RESOURCE PRODUCTION AND MANAGEMENT _ Productive Agricultural Lands 1. Support State's regulatory position on this issue n/a Utilize zoning ordinance with AEC overlay and land use plan update to monitor and protect agricultural land 47 Commercial Forest Lands 2. Accommodate and cooperate with commercial forestry industry n/a No implementation is needed. Mineral Production Areas 3. Exploitation in economically feasible areas, in accordance with State and Federal standards n/a Adhere to State and Federal permitting standards Commercial and Recreational Fisheries 4. Encourage exploitation of this resource within regulations, while protecting habitat areas through continued water quality efforts + Support of tourism and fishing industry events Off Road Vehicles 5. Monitor off road activity + Review listing of complaints with law enforcement agencies ECONOMIC AND COMMUNITY DEVELOPMENT Types and Locations of Industries Desired 1. Support strongly industries seeking to provide jobs, without degrading the quality of life + Require compliance with zoning regulations, which require an EIS for new industry and allow certain zones for industrial use Local Commitment to Providing Services to Development 2. Commit limited local dollars to provide such services; seek outside funding + Evaluate each situation requiring assistance individually 48 Urban Growth Patterns Desired 3. Encourage development within existing urban centers + Discourage high density growth in the County's jurisdiction Redevelopment of Developed Areas + 4. Seek grant opportunities to provide funds for rehabilitation and revitalization -Energy Facility Siting 5. Support siting of electric energy facilities provided the sites meet NC Utilities Commission and County's EIS requirements n/a Review of environmental impact statements Tourism 6. Take a more active role in promoting tourism + Improve publicity to attract tourists Coastal and Estuarine Water Beach Access 7. Support efforts to locate outside funding for such projects + Enforce CAMA regulations to limit riverbank development CONTINUING PUBLIC PARTICIPATION Continued Public Participation + 1. Make regular efforts to draw more public participation STORM HAZARD MITIGATION, POST DISASTER RECOVERY AND EVACUATION PLANS Storm Hazard Mitigation 1. Reduce damage to public structures + Consider storm threat before making substantial capital investments in hazard areas. 49 + Enforce both AEC district restrictions and Airport District restrictions which discourage high density development in hazardous areas. 50 B. 1996 POLICY STATEMENTS VISION STATEMENT.Hertford County has a rural agricultural economy which is diversifying into retail, service and manufacturing. The county would like to see an expansion of all economic sectors in order to increase the tax base and to enhance employment opportunities. While the county is supportive of community and economic development, it does not support industry which compromises the quality of the environment or quality of life in Hertford County. Expanded public access to our waterways and other natural resources is desired. Hertford County hopes to see a reverse in population declines of recent years and to experience moderate growth. It is hoped that implementation of the county -wide water system will improve public health and provide a modest incentive for development in our rural area over the next ten years. 1. RESOURCE PROTECTION Hertford County has an abundant supply of natural resources. Forestry and agriculture are major forces in the local economy and is the dominant land use in the County. These resources, properly utilized and managed, can continue to infuse dollars into the local economy, provide employment, safeguard environment, and ensure the retention of the rural quality of life in Hertford County. Hence, Resource Protection remains a primary issue facing the County in the next decade. With natural resources being the economic mainstay for the County there are no real alternatives except to provide some type of protection for these resources.. The County could attempt to influence how these resources will be controlled in a severely restrictive manner; however, such intense action would be bitterly opposed by the independent and individualistic nature of the citizens. a. Constraints to Development Applicability: Soil limitations are found primarily along the banks of the Chowan, Meherrin, and Wiccacon Rivers and their tributaries where wet Dorovan-Bibb-Wehadkee soils are prevalent. On the whole, these areas are not developed for urban purposes. Where poorly drained soils are present, septic tank suitability is unsatisfactory. Ahoskie, Murfreesboro, Winton, and Cofield all provide municipal water and sewer to those residents in response to this problem. Septic tank suitability is generally a problem throughout the County. Of thirty-two (32) soil types listed in Hertford County, twenty-four (24) have severe limitations for septic tanks. Alternatives: The options are preservation, conservation or exploitation. Given the extent of unsuitable soils in Hertford County, prohibiting development is not reasonable; however, consideration of potential problems in these weak areas is important and potential developers must be made aware of the risks. Random exploitation is also out of the question, given the health and property risks. Policy: The approach shall be conservation. The policy shall be to support and enforce Federal, State, and County regulations governing the placement of development in flood zones and the installation of septic tanks. 51 Strategy: Implementation shall occur though enforcement - of septic standards by the County's Environmental Health Division, enforcement of the zoning ordinance flood zone restrictions and Federal Flood Insurance standards, and through State building codes. b. Local Resource Development Issues Relative to AECs Applicability: Hertford County's natural AECs are geographically tied to floodprone areas along major rivers. Archaeological and historical sites are often also near the waterways as a result of ancient transportation routes. Resource development activities in these areas may involve logging, agriculture, or industry. The Industrial Development Commission is promoting the County for industries which utilize large amounts of water for cooling purposes. Logging and agriculture are vital to the County's economy. New industry for jobs is also an important focus. There are no Outstanding Resource Waters in Hertford County. Alternatives: The options are preservation, conservation, or exploitation. Caution is urged with regard to overuse of river water as a cooling agent for industry in any important nursery area since thermal pollution can disrupt habitats as severely as chemical pollution. There are State and Federal regulations and incentives in place to protect wetlands and suppress agricultural runoff. Policy: The approach shall be qualified exploitation. The policy shall be to support protective measures in AECs but to encourage resource development activities which can meet State and Federal and local standards. Strategy: Implementation shall occur through enforcement of the County's AEC overlay standards in the Zoning Ordinance which require Environmental Impact Statements (EIS) for development disturbing more than one acre of land; the enforcement of CAMA permit standards, State building codes, Federal Flood Insurance standards; and support of Soil Conservation initiatives and Corps of Engineers Dredge and Fill requirements. C. Protection of Wetlands Identified as of the Highest Functional Significance Applicability: The Division of Coastal Management is charged with developing these maps, and no such map has been provided for this update. d. Hazardous and Fragile Areas Applicability: Along with Hertford County's valuable agricultural and forest lands, other areas exist that are in need of protection because of their unique or fragile environment. These areas include lands adjacent to the 52 Chowan, Meherrin and part of the Wiccacon Rivers which are considered floodprone areas and should be protected from massive urban type development. The wetlands (marshes and freshwater swamps) located along the rivers offer quality wildlife and waterfowl habitat as well as provide flood control, water filtering and nutrient uptake functions and should be protected. The soil structure with its massive prime agricultural land characteristics predominating the western half of the County and the sensitive areas consisting of the Willbanks and Dorovan-Bibb-Wehadlee types which are found along streams and rivers must be considered. Another important segment of fragile areas are the cultural and historic sites located throughout the County. Historic preservation groups currently exist and are active in restoration projects particularly within some town limits. Hertford County is rich in historically significant sites and structures. Nominations to the National Register for Historic Places has been an ongoing project. The value of these areas to the County is locally determined, and protective measures come from the local area. Hertford County has no Maritime Forests, pocosins, outstanding resources waters, shellfishing waters, water supply areas other than well sites and few manmade hazards. Alternatives: The options are Preservation, Conservation, and Exploitation. These fragile areas are . of such importance that no alternatives exist except to offer protection for the sites and lands to some degree. The County could impose severe restrictions thereby eliminating any possible use of the areas. This action would be too extreme. On the other hand, the County could impose such lenient regulations as to jeopardize the future of fragile areas. The State CAMA permit regulations would not allow this to happen to coastal areas and wetlands, and local citizens would not allow such permissive actions with regard to historical and cultural sites. Policy: The approach shall be conservation. The County policy shall be to strictly enforce the CAMA regulations and support and uphold the permitting process of State or Federal agencies for fragile areas, including 404 Wetlands. No current policy is in place at this time to protect historic areas county -wide. The County would designate historic areas at the. request of interested citizens. Strategy: The Zoning Ordinance is the primary implementation tool. It makes provision for hazards such as floodprone areas and the airport. The County supports the activities of historical societies in the towns where such organizations exist. These groups of citizens are very active and are very protective of the -historical sites. 53 e. Potable Water Supply Applicability: Protection of a potable water supply within the County is of major concern in Hertford County. Large groundwater withdrawals by industry in Virginia and North Carolina have had an impact on well depths in Hertford County over the past several years. With the new responsibility of the County -wide water system currently under way, this issue takes on larger significance than ever. This resource must be protected nonetheless. Alternatives: A policy could be enforced that would closely monitor the type and amount of withdrawal that would come about by new industry. A policy could also be considered regarding protection from contaminates, such as pesticides, that may infiltrate the water supply. A wellhead protection plan could also be considered. Policy: The policy shall be to protect the county's water supply: The County supports State standards regarding groundwater quality. Alternative water supply sources should also be investigated. Strategy: Implementation will come about through the enforcement of the zoning ordinance, building codes, and Health Department regulations. Application of pesticides strictly according to package direction is encouraged. The county will inquire from the State about other steps they might take to protect ground water levels. f. Package Treatment Plants Applicability: Soil suitability for septic tank use within the County is primarily unsatisfactory and, without proper planning and design, can present a significant health problem. Unsatisfactory performance of septic tank absorption fields can pollute groundwater supplies. Soils with limitations for septic tank use exist within the Winton and Cofield areas. The restrictive features range from severe wetness and flooding to moderate wetness. Alternatives: The County could encourage the use of waterless package treatment systems to protect the groundwater supply from possible pollution. Policy: The policy is to allow package treatment systems which can meet State and local requirements. Strategy: Enforcement of County and State ordinances are regulations already in place to implement this policy. The county will review any proposals for package systems in order to assure proper on -going maintenance of private systems. 54 g. Stormwater Run -Off Associated with Agriculture, Residential Development, and Peat or Phosphate Mining Applicability: Because of the topography of the majority of the County, stormwater runoff is not too much of a problem. Ahoskie does, however, experience minor flooding in certain portions of the town during heavy rain storms. Murfreesboro runoff flows to the Meherrin River, but no significant water quality problems are present in the Meherrin at this time according to information provided by the State. The Wiccacon River is experiencing the worst water quality problems at this time, but the State has shown no specific link between these problems and local runoff. Alternatives: The options include local adoption of stormwater runoff regulations or no direct action at this time. Policy: The policy shall be to acknowledge the flow of stormwater runoff along natural topographic contours within the County's planning jurisdiction. Strategy: The county will not object to reasonable State and Federal efforts at minimizing agricultural or residential runoff which can be shown to impact water quality. h. Marinas and Floating Homes and Dry Stack Storage Applicability: At this time Hertford County has only one marina as defined by CAMA. Tuscarora Beach, southeast of Winton, currently has a 23-slip marina with fuel tanks, and several fishing and swimming piers. Tuscarora Beach is the only fueling opportunity in Hertford County at this time. There are no floating homes or dry stack storage facility for boats. If such development should occur, regulations are in place in the zoning ordinance and building code that would provide some controls. CAMA and the Army Corps of Engineers also regulate such projects. Moorings and mooring fields are not prevalent in the county at this time. Alternatives: Options include development of specific standards or recognition of CAMA standards. Policy:. The policy shall be to allow such projects which meet current CAMA standards. The county would object to permanent moorings or commercial mooring fields. Strategy: Implementation shall occur through evaluation of the County's zoning requirement of Environmental Impact Statements (EIS) for each project which disturbs more than one acre of land, and to support CAMA and Corps of Engineers permit standards. 55 i. Industrial Impacts on Fragile Areas Applicability: Currently there are almost three dozen industries located in Hertford County. These businesses now employ approximately 20% of the labor force (as compared to 25% five years ago). Even though the labor force utilization of local industry is shrinking, this employment sector still constitutes a major economic factor for the County. These industries present no known adverse impacts on fragile areas; however, as a means of protection for these .areas, the County requires that each industry prepare an Environmental Impact Statement or environmental assessment. Alternatives: Options include prohibiting industry near fragile areas, restricting industry placement and density, requiring buffers, or no restriction. Policy: The policy shall be to assess the impact of potential industry on fragile areas prior to any rezoning or permitting action. Strategy: Implementation shall occur through investigation and evaluation of EIS prior to County actions or issuance of permits. j. Sound and Estuarine System Islands Development This issue does not relate to Hertford County in a direct way and no policy has been established. k. Restriction of Development Which Might Be Susceptible to Sea Level Rise The CAMA Quarterly (Winter, 1989) reports that a five-foot rise in. sea level would displace no people and only about 5% of the land area in Hertford County. Hertford County topographic maps show contours down to approximately six (6) meters around most water areas; therefore, development within five feet of mean high water level would only be found in wetland areas and would be required to meet special CAMA standards already in place. 1. Upland Excavation for Marina Basins Applicability: There are no upland marina projects at this time and none are anticipated. Much of the waterfront land in Hertford County is higher elevation land which would not be suitable for upland development of mannas. M, In. n. 57 Alternatives: The County could develop detailed requirements to encourage potential upland excavation or the State's position relative to upland development could be followed. Policy: The policy shall be to support State policy, where applicable and allow such activity as can meet the State standards. Strategy: Implementation shall occur through support of CAMA permitting. Damage to Existing Marshes by Bulkhead Installation Hertford County contains several wooded swamps along the Chowan River Shoreline but no designated marshes. Any proposed bulkhead installation would be allowed as long as it was in compliance with CAMA standards. Water Quality Problems & Management Measures Designed to Reduce or Eliminate local Sources of Surface Water Quality Problems Applicability: Surface water along the Chowan River is rated as only "Partially Supporting." There are no direct indicators of the causes of diminished water quality along the river, but locations in Virginia as well as Northampton, Gates, and Bertie Counties drain into- the river through Hertford County. There is a significant farming and forestry presence within the county. The Meherrin River is still rated as "Supporting." Alternatives: The policy options are preservation, conservation, or exploitation of open water resources within the county. Potential strategies for a conservation approach might include the following: The county could try and form associations with neighboring jurisdictions to try and address water quality issues, but in the absence of specific data identifying culpable locations, it would be hard to achieve meaningful results. The county could initiate local activities to help gather water quality data, such as organizing a county -wide citizen monitoring project. The county could develop coalitions with Cooperative Extension or other agricultural agencies to try and encourage reporting of chemicals or nutrients being used within each sub -basin. The county could develop and adopt local restrictions on land activities within certain proximity to any stream or open water within the county. The county could try and apply political pressure on the State to bargain with Virginia to improve control of point source dischargers within the basin. Or the county could wait for the State to' develop restrictions associated with land activities within each river basin. Policy: Hertford County recognizes the Chowan River as an important natural resource and sincerely desires to see water quality maintained at levels which will support fishing, hunting, and other recreational activities for local citizens and tourists. Strategy: The county is in the process of looking at possible Public Health ordinances to devise something appropriate with regard to intensive livestock operations. In the absence of data which can more exactly identify what the existing water quality problems are and where those problems are coming from, the county's only other viable strategies are to encourage better data collection; to support public information and education; and to participate in multi jurisdictional discussions related to water quality when individual jurisdictions can be held responsible for specified contributions to the problems and the solutions. The county welcomes the efforts of local environmental interest organizations such as wildlife clubs and Soil & Water Conservation District activities related to improving water quality and would promote efforts toward citizen monitoring programs. 2. RESOURCE PRODUCTION AND MANAGEMENT Hertford County supports resource production activities that do not degrade the environment. a. Productive Agricultural Lands Applicability: The importance of agriculture to Hertford County cannot be over -emphasized. The County, through the soil survey, has identified and mapped its prime agricultural land. Alternatives: The County could adopt a policy that would be severely restrictive toward conversion of prime farmland to other uses; however, they have not felt the necessity of such action. Policy: The County has chosen to support State and Federal regulatory positions on this issue. Strategy: The County will utilize ordinances now in place; such as the local zoning ordinance AEC overlay and this land use plan update to monitor and protect valuable agricultural land. The County Extension Service and ASCS provide continual guidance with regard to State regulations and compliance assistance to farmers. Federal banking laws also impose disincentives for conversion of prime farmland. b. Commercial Forest Lands Applicability: The major land use within Hertford County is forestland. The County has identified its forestlands through the soil survey. 58 Alternatives: The options include restriction of commercial activities or a "hands -off' approach. Policy: The County has enjoyed a positive cooperative relationship through the years with the commercial forestry industry. The policy has been and shall continue to be one of accommodation for this industry. Strategy: No implementation strategy is required beyond a continued spirit of cooperation between government and forestry. C. Mineral Production Areas Applicability: Only sand deposits represent mineral interests in Hertford County. Alternatives: The options are preservation, conservation, or exploitation. Policy: The approach shall be exploitation within those areas economically feasible. The policy shall be to allow all such production which meets local, State and Federal standards. Strategy: Implementation shall be to adhere to State and Federal permitting standards and local zoning regulations. d. Commercial and. Recreational Fisheries Applicability: Commercial fishing activities are limited in number and seasonal in nature and are regulated by the State Marine Fisheries Commission. Commercial enterprises, located near Winton, Murfreesboro, and Tunis operate during the herring season. Other fishing activities are individual -type commercial ventures and operate on a very small scale. Recreational fishing is widespread throughout the County on rivers and ponds. Bass fishing tournaments are scheduled regularly on the Chowan River. The Chowan is considered an important spawning area for a number of commercial species of fish but there are no designated primary nursery areas. Trawling activities do not apply in Hertford County. Alternatives: Options are to market and encourage exploitation of fishing activities or to discourage extensive use for these purposes. Policy: The on -going vitality of the Chowan River is important to Hertford County. The policy shall be to encourage exploitation of this resource within the regulations of the Wildlife Resources Commission and 59 the Marine Fisheries Commission while protecting habitat areas through continuing water quality protection efforts. Strategy: Implementation shall occur through support of tourism and fishing industry events as well as local efforts to protect water quality. e. Off -Road Vehicles Applicability: The rise of off -road vehicles as a sport several years ago created a problem in Hertford County, and isolated areas still experience minor problems, but generally this issue does not apply. f. Development Impacts on Resources Commercial development has followed the trend of the population within Hertford County and growth has been steady but slow. The County feels that inasmuch as residential and commercial land development has been, and is projected to continue to be, slow, no policy is needed other than the enforcement of current County ordinances and codes. g. Peat or Phosphate Mining No such mining occurs or is likely to occur in Hertford County; therefore, no policy has been developed on the issue. 3. ECONOMIC AND COMMUNITY DEVELOPMENT Hertford County has a pro -growth philosophy. a. Types and Locations of Industries Desired and Local Assets Desirable to Such Industries Applicability: Economic and Community Development have been major issues during the last updates of the CAMA Land Use Plan and remain a primary interest today. Since Hertford County is economically underdeveloped, there is an obvious need for more economic development. The County as a whole feels that a concerted effort must be made to promote and attract new industry. The County also feels that more industry will improve the quality of life for all its citizens. Types of industries desired might include natural resource based industries or those which are not heavily dependent on elaborate transportation systems. Those which primarily utilize computer technology or telecommunications might also be good candidates. The County wishes to attract non-polluting 60 industry. Alternatives: In the past five years, there has been a tendency toward reduction of existing industry and development of small local operations. The County is also beginning to experience growth as a military retirement location. These realities and opportunities should be considered when planning for the economic future. An industrial park has been developed just off US 13 and NC 158 west of Winton which has water and sewer services available. The County will benefit from revision of the detailed Economic Development Plan which consists of a well thought-out long- term strategy for encouraging enlargement of existing industry as well as attracting new industry. The County's economic developer has assessed available resources and . actively pursues recruitment of appropriate industries. Policy: The County's policy is to strongly support those organizations seeking to strengthen development and provide additional jobs. The County also employs an Economic Development Planner and depends on him to aggressively work toward improvement. The County will not support industries which degrade the quality of life. Intensive livestock operations pose a concern for water quality and the county would prefer that these operations not be located in close proximity to waterways. Strategy: In order to comply with current zoning restrictions, all new industry locating in the County must file a local environmental assessment or impact statement, and new industry locating in the County will be sited in the industrial zones designated by the Official Zoning Map. There are no available land use tools to restrict intensive livestock operations at the county level. A public health ordinance is being explored. It is hoped that the state will acknowledge and respect this policy statement and help steer such operations away from direct contact with streams when issuing permits. b. Local Commitment to Providing Services to Development Applicability: Organizations like the Industrial Development Commission and concerned citizens such as the Committee of 100 and Murfreesboro's Industrial Committee, which coordinates activities through the Hertford County Industrial Development Commission, have been created and are devoted to attracting industry to the County. The local governing bodies have made, and continue to make, efforts at obtaining Federal and State funding to provide needed services. Alternatives: Hertford County has developed a countywide water and 61 sewer plan and set goals for establishing such a system over the next ten years to encourage development. Even though the areas of greatest concentration of population are already serviced by municipal systems, the County has undertaken to update its water plan and to help provide water systems for at least two townships. The County could possibly devise a cooperative effort and assess the cost of providing services to areas most in need and likely to develop for residential or commercia)rndustrial uses. Policy: The County's policy is to seek outside funding when possible or to commit limited local dollars when necessary to provide such services in conjunction with the water plan. Strategy: Situations requiring assistance will be evaluated on a township - by -township basis. C. Urban Growth Patterns Desired Applicability: For Hertford County, urban growth patterns relate to towns with populations from just under 100 (Como) to just under 5,000 (Ahoskie). Statistics show that municipal populations are shrinking although most new development over the past five years has been located in and around incorporated towns. This would seem to indicate a high rate of out -migration from the County. Alternatives: The County has historically encouraged new development in urban areas which provide public facilities and utilities. Without a countywide system of services this practice is in the best interest of the citizens of Hertford County. Policy: The County will continue to encourage urban development within existing urban centers. Strategy: Discouraging high density development in the County's zoning jurisdiction will focus growth in areas close to urban centers. d. Types, Densities and Location of Anticipated Residential Development and Services to Support Development, including Solid Waste Inasmuch as Hertford County's projected population increase between 1990 and 2000 is 243 persons, representing 68 additional residences required for this growth; there is little need to set policy on this issue. Recent trends suggest that development is occurring just outside incorporated areas as much as inside. This could ultimately pose problems with regard to delivery of services unless outlying area densities are 62 conscientiously kept low. While the situation bears watching, growth rates are not sufficient to warrant action beyond current zoning and sanitary requirements. The county has developed water districts which could alleviate some of the problems with lot sizes needed to support in -ground septic systems. The County continues to serve as a kind of bedroom community for Tidewater Virginia. The trend has been established in the noted daily commuter employment in the marine industries located in southwest Virginia. Retirement populations from the military in that area are also becoming a consideration. The County welcomes this residential focus provided all local requirements can be met without expense to the County. The county participates in a multi -county regional landfill. Households are charged a $100 annual fee for solid waste disposal. e. Redevelopment of Developed Areas Applicability: The trend in new development discussed in c. above would suggest that redevelopment or improvement of developed areas is occurring somewhat naturally since new building permits are concentrated in towns while those same towns are experiencing decreases in population. Redevelopment in County jurisdiction has not received attention since there are few developed areas along the waterfront in hazardous locations. Topsoil erosion is not pertinent to the issue of redevelopment in this sense. Setback requirements in the County's zoning ordinance would discourage. redevelopment directly on waterfronts where erosion had taken a toll on existing development. With regard to zoning districts which allow more intensive redevelopment than current uses, the County is very sparsely populated. There is hardly any area which would not accommodate more intensive development or redevelopment. Improvement. of housing conditions is an issue and the County should take a leadership role in upgrading the housing stock. Alternatives: The County could apply for Community Development Block Grant Development Planning funds in order to assess existing housing stock and define current needs. These Federal grants do require a financial commitment from local government. The County could also offer incentives for private redevelopment in areas of special need. Policy: The policy will be to seek out grant opportunities to provide funds for neighborhood improvements and total community revitalization and to allow redevelopment in areas not subject to special hazards, in accordance with local zoning and sub -division regulations. 63 f. Commitment to State and Federal Programs Applicability: Hertford County has a deep concern with regard to State and Federal programs dealing with erosion control and highway improvements. The topography throughout much of the County is conducive to good erosion control. The Agricultural Stabilization and Control Service and the Natural Resources Conservation Service have consistently offered assistance on erosion control methods in Hertford County. Highway improvements are of particular concern in areas where peak traffic loads create a burden on the system. The county has taken advantage of the Farmers Home Administration loan program for its county -wide water project and is interested in expansion of public access sites in the future. Policy: While supporting and taking advantage of many State and Federal programs, the County has no additional policies related to these issues. g. Channel Maintenance and Beach Nourishment Projects Hertford County is not involved in such projects; therefore, no policies have been set on these issues. h. Energy Facility Siting Applicability: North Carolina Power has a presence in Hertford County at this time, but no expansion is anticipated within the planning period. Outer Continental Shelf (OCS) exploration does not apply to Hertford County. Inshore exploration would be impractical. Alternatives: The County could discourage placement of an electric generating facility. On the other hand, the County could encourage sensible development of generating facilities since such a facility will be taxed and will provide another incentive to other industries. Policy: The policy shall be to support siting of electric energy facilities provided the actual sites can meet requirements of the North Carolina Utilities Commission and the County's zoning requirement for Environmental Impact Statements. Strategy: Implementation shall occur by careful review of environmental impact statements and cooperation with any local regulatory amendments needed after appropriateness is shown. 64 Tourism Applicability: The northeastern section of North Carolina is a tourist's paradise with regard to Colonial history and architecture. Tourism is a big business in select towns such as Murfreesboro; however, countywide emphasis is not as strong. This is probably due to the heavy emphasis placed on the regionwide Historic Albemarle Tour program which encompasses eighteen counties in northeastern North Carolina. Hertford County does boast numerous historical, cultural, and archaeological sites and some towns have local annual festivals. Alternatives: The County could take a more active role in promoting tourism in the area or it could continue to simply support local efforts by municipalities. The citizen survey listed tourism in about the middle of the priority ranking. Tourism is known to stimulate summer jobs and service sector employment for the benefit of commerce in the County as a whole. Policy: The policy shall be to take a more active role in promoting tourism. Strategy: Implementation shall occur through improved efforts at publicizing the county, its natural assets, and local events. j. Public Beach and Waterfront Access Applicability: Beach and waterfront access are issues for Hertford County with regard to estuarine areas. River access is mainly provided for a fee by private endeavors. Public boat ramps are available at Tunis, - Murfreesboro, Harrellsville, and directly across the River from Winton on the Gates County side of the Chowan River. A Riverfront Properties Study was completed by the county in 1995, and it revealed that about 90% of the county's residents live within 10 miles of an access point. The overall recommendation in that study suggested upgrading existing facilities with bathhouses or expanded recreational opportunities. Alternatives: The County could investigate funding to acquire riverfront properties for public access or expand existing facilities. An inventory of all publicly -owned properties has been compiled by the Land Records Department. Policy: The policy will be to support efforts to locate outside funding for such projects through CAMA Public Beach and Waterfront Access Program and other recreation sources.. 65 Strategy: Zoning restrictions and a strict enforcement of CAMA regulations are used to implement existing regulations which limit development along the riverbanks. A 1990 inventory of publicly -owned properties does not indicate any waterfront property currently on hand. 4. CONTINUING PUBLIC PARTICIPATION a. Public Education on Planning Issues Applicability: Public participation is an important element of the planning process. Because of Hertford County's long history of planning, the public participation process within the County is an ongoing, viable process. The County's Planning Board, being an extension of the County Commissioners, is charged with the responsibility of keeping the public informed on all relevant planning issues. Alternatives: All Planning Board meetings are open to the general public and provide the opportunity for public involvement. - Meetings are publicized in the local newspaper and agendas are posted on public buildings. Policy: During this update process citizen input was requested by a published citizen survey. Response was very light. The citizen opinion questionnaire and its results follow this section. b. Continued Public Participation in Planning Applicability: Continuing public participation in the -planning process is desired but difficult to inspire in Hertford County. Except when faced with highly controversial issues, such as the radioactive waste proposal, citizens are generally content with land use policies in the County and will not routinely participate. Alternatives: The Planning Board could consider developing a "speakers bureau" to speak to civic organizations about planning issues. Periodic citizen opinion questionnaires could also be administered such as the one conducted in conjunction with this plan update. The Planning Board and County Commissioners should place news items in local papers concerning each Planning Board meeting. News items on local radio stations concerning planning are to be encouraged as well. Policy: The policy shall be to make regular efforts to draw more public participation. 66 Strategy: Implementation shall occur through attempting the options listed in "Alternatives" above. C. Method of Obtaining Citizen Input Applicability: During this plan update, several efforts were made to obtain citizen input. Response was unimpressive. Articles regarding the Land Use Planning Process were printed in the local newspaper. Meeting fliers were posted in outlying locations for an initial public hearing which had no attendance from the general public. A citizen survey was printed in the newspaper as well as kept on hand in the Planning and Inspections Office; however, only thirty-two responses were received. Planning Board meetings were publicized in the newspaper and agendas were posted in public places. Targets for citizen input were those residents living in areas not covered by existing CAMA Land Use Plans (roughly 10,500 persons over age 19). A meeting schedule follows this section. Alternatives: The County could and should improve its public information campaign efforts, but a cursory cost -benefit analysis indicates that each land use survey response cost the County over twelve dollars (based on cost to publish vs responses received). Openness to public comment and reasonableness of effort may be the best we can hope for when dealing with the issue of public input. Policy: It should be noted that average citizens tend to play a prominent role in Hertford County government. The County does not employ a large number of technical experts to support appointed citizen boards. While sometimes a drawback, perhaps this practice causes decisions to be made which most accurately reflect the will of the people and most closely satisfies their needs. In any case, extraordinary measures to force citizen participation where none is desired would be a waste of scarce resources. Hertford County respects and encourages the opinions and ideas of its citizens in all land use issues and will continue to provide ample opportunity for those who so desire to participate. 67 C. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY AND EVACUATION PLANS The Coastal Resources Commission, in consultation with local governments, has specified that certain issues be addressed in the Hertford County Land Use Plan Update. These issues include: Storm Hazard Mitigation Policies, Post -Disaster Recovery Plan and an analysis of the local Evacuation Plan. 1. STORM HAZARD MITIGATION POLICIES Applicability: Hertford County contains a moderate range of storm hazard areas. These include Areas of Environmental Concern such as: Estuarine Waters, Public Trust Areas, and Estuarine Shoreline. Still other hazard areas include: flood hazard zones and special flood hazard areas as noted on Hertford County's Flood Hazard Boundary Map and the Hazard Areas Map, 1990. a. Estuarine Waters act as a hatchery for many forms of aquatic life, and the Chowan and Meherrin Rivers within Hertford County are considered Estuarine Waters. b. Public Trust Areas are those areas whose benefits belong to the public whether for commercial or recreational uses. The Chowan, Meherrin, Wiccacon Rivers and tributaries are Public Trust Areas. c. Estuarine Shorelines are defined as non -ocean shorelines which are especially vulnerable to erosion, flooding or other adverse effects of wind and water and are intimately connected to the estuary. In Hertford County, the estuarine shoreline encompasses the area from the mean high water level along. the Chowan and Meherrin Rivers for a distance of 75 feet landward. This floodplain consists of a tract beginning above SR 1450 and along the Chowan and Wiccacon Rivers to a point adjacent to SR 1175 and the Meherrin River. d. Special Flood Hazard Areas are mapped by HUD in conjunction with the National Flood Insurance Program. Areas designated in Flood Hazard AECs are "V" zones (floodprone areas susceptible to high velocity wave action) and "A" zones (areas subject to little or no wave action but within the 100-year flood area). All mapped areas of Hertford County are within "A" zones. All areas along rivers and tributaries have been designated as "A" zones within the County. An inventory of the existing.uses of the land within the 100-year flood areas along the Chowan River indicates that the majority of uses is devoted to forestry and temporary fishing camps. There are three substantial areas along the Chowan River that are considered to be in floodprone areas according to HUD Maps, panel number 370130-0003A,-0004A,-0005A, and-0006A. The county now participates in the Federal Flood Insurance Program, as well as the Towns of Ahoskie and Winton. Types of risks apparent in each of the hazard areas would be risks associated with high winds and losses attributed to the wind erosion factor and flooding. During the recent 68 Hurricane Bertha, no damages were reported in these areas. Hurricane Fran, with its extreme flooding elsewhere, dealt Hertford .County minor flooding and downed trees, but spared the county from major damage. Alternatives: The entire County is susceptible to the damaging forces of high winds. Smaller portions of the area are also subject to flooding or erosion. Recognizing these factors, Hertford County should take action to ensure that, in the event of a storm, damage to both public and private facilities is minimized. Policy: To reduce damage to public facilities and structures, it shall be the policy of Hertford County to make future decisions concerning these public investments so as to reduce the possibility of damage or destruction by hurricane or other storm forces. All future capital investments within the County will be made with the storm threat in mind. It is not financially practical for the County to acquire land in hazard areas at this time. If opportunities present themselves in the future, the County may consider such action. As part of the zoning ordinance, the County enforces both AEC District restrictions and Airport District restrictions which discourage high density development in hazardous areas. Strategy: Damage to private property can be reduced by implementing programs and policies which limit location and emphasize construction standards for new development. Hertford County has adopted and enforces a range of policies and regulations which include the State Building Code, County zoning ordinance, subdivision regulations, mobile home park ordinance, and CAMA minor use permits. These policies and regulations, if enforced, can limit damage to private facilities in the event of a major. The conclusion is that Hertford County is doing a good job in its endeavor to mitigate future storm damages. 2. POST -DISASTER RECONSTRUCTION PLAN Applicability: In accordance with the Land Use Planning Guidelines, references to the Hertford County Disaster Relief and Assistance Plan and Emergency • Management's responsibilities are cited. "Annex H-Disaster Assistance Program Summary" of the Hertford County Disaster Relief and Assistance Plan, notes services _ and assistance available to local governments to aid in immediate clean-up and removal of debris. This initial phase of the Recovery Plan is designated as the emergency period and is devoted to restoring public health and safety, assessing the nature and extent of storm damage, and qualifying for State and Federal assistance. The second phase is designated as the restoration period and is devoted to restoring community facilities, utilities and essential businesses. The final phase is the replacement reconstruction period during which the community is rebuilt. Reconstruction over a longer period of time should be guided by policies which prevent reconstruction of structures in high storm hazard areas. 69 Policy: Reconstruction, when permitted, will be in conformance with existing building code provisions as well as local ordinances and State and Federal laws.. At this time it is believed that storm threats are minimal in Hertford County and that existing local regulations have kept development in hazard areas to a minimum. Should that belief be proven incorrect, the County will reassess its restrictions prior to permitting long-term reconstruction in those areas. Local policy should also be directed toward limiting or prohibiting the extension or reconstruction of public facilities or structures in high hazard areas. (This is addressed in the Hertford County Zoning Ordinance.) Strategy: Hertford County Commissioners should consider appointing a "recovery task force." The recovery task force consists of the Damage Assessment Team, County Manager, County Health Director and the City Managers if the incident occurs within the city limits. These people will be utilized in the recovery phase in accordance with the Hertford County Disaster Relief and Assistance Plan, and would serve in an advisory role to the County Commissioners to resolve policy issues arising after a storm disaster during the reconstruction period. a. Guidelines for Post -Disaster Repair and Reconstruction (1) Timing and Completion of Damage Assessments Damage assessment timing and completion will be conducted in accordance with "Annex F - Damage Assessment Plan" of the Hertford County Disaster Relief and Assistance Plan. Disaster assessment will begin as soon as safety conditions permit and will continue until all suspect areas have been covered. Damage assessment operations should take place during the emergency period. This is to ensure that emergency operations to restore public health and safety features of the County are implemented. (2) Imposition of Temporary Development Moratorium Imposition of a temporary development moratorium is a useful tool to be implemented by the County immediately following a disaster. This moratorium would permit the County to deal with more pressing community recovery and reconstruction issues without having to devote its time and resources to reviewing new development proposals. Minor repairs, such as replacing doors and windows, should be allowed. Residents should be informed that any moratorium imposed is in the best interest of the overall community. (3) Development Standards for Repairs and Reconstruction Repairs and reconstruction should continue to conform to all ordinances and regulations pertaining to building standards. Presently, these include 70 portions of the State Building Code, CAMA major and minor permit standards, the local zoning ordinances, and other policies adopted in the Storm Mitigation Plan. (4) Schedule for Staging and Permitting Repairs and Reconstruction The Department of Emergency Management Area "A" Coordinator has stipulated that reconstruction for essential services (power, water, telephone, streets and bridges) should be undertaken first, then minor repairs, major repairs and last, new development. Emphasis then should be placed on repair or reconstruction of infrastructure for the long-term rather than duplicating what was there before the storm. Timing of repairs and reconstruction should realistically be determined by the extent of damage and the type of service requiring repair or reconstruction. (5) Implementation of Recovery Task Force Policies The Hertford County Commissioners are designated as the local legislative body in charge of implementing the policies and procedures outlined in this Post -Disaster Reconstruction Plan. The Commissioners are empowered to delegate duties to other agencies of local government to implement these policies and procedures. (6) Repair or Replacement Policy for Public Utilities and Facilities Hertford County's policy is to repair and rebuild essential service facilities first (electricity, water and sewer). The next priority would be repair of other public facilities necessary for shelter. Minor repairs are to be permitted next with major repairs being permitted last. 3. ANALYSIS OF HURRICANE EVACUATION PLAN An analysis of Hertford County's Hurricane Evacuation Plan reveals an excellent "Evacuation to Shelter Plan." The issue of evacuation from one locale to another, if the situation arises, is only likely to occur in the case of manmade disasters, and evacuation plans are currently being developed for those locations. Because of no past history involving evacuation in Hertford County we feel this is no real threat to the County in a hurricane situation. Should the need arise, people would be evacuated to Bertie, Martin, and Pitt Counties. Highways 13, 11, and 45 are the evacuation routes to these counties. Since the distance between Hertford County and the surrounding counties is so short, we 71 feel time estimates are not necessary. Transportation could be arranged by local resources (school buses), the private sector and from the State if necessary. Hertford County is considered a safe place during a hurricane and would act as a host county for our coastal counties. The Federal Emergency Management Agency, Corps of Engineers, and the State Emergency Management Office completed in 1986 an analysis of the hurricane situation in North Carolina. Thirteen counties have been designated as hurricane counties and Hertford County is not one of them. Average elevation in the County is 72 feet above sea level. 72 VL LAND CLASSIFICATION The land classification system has been developed as a means of assisting in policy implementation by graphically delineating where certain policies will apply. This is particularly important at the State and Federal levels of permitting since local ordinances are not readily available to these review agencies. The system is intended to be supported by zoning, subdivision, and other local growth management tools. The classification designations and local ordinances should be consistent with one another so that the State will not issue (or fail to issue) permits against the will of the local government when options are available. Boundaries of each class must be described as clearly as possible in the text as well as on the map, and in order to clarify its intent, the local government should describe how the land classification is linked to chosen policies. Seven classes are included in the current land classification offered by the Coastal Area Management Act: developed, urban transition, limited transition, community, rural, rural with services, and conservation. Local government may subdivide these classes into more specific subclasses. The classes are defined by the types and densities of development present, existing and desired uses, and present and future availability of services. Applicable classifications for the Hertford County Planning Area include: Community, Rural with Services, Rural, and Conservation. A Land Classification Map follows this chapter in Appendix A and should be considered as the principal descriptive authority for each class. A map scale is provided to assist in interpretation. Any agency which is unable to readily discern the County's intentions is urged to contact the County Manager. A. DEVELOPED The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing cities and their urban environs. 73 Areas meeting the intent of this class are currently urban in character, meaning land uses such as residential, commercial, industrial, institutional, and others at high to moderate densities. Minimal undeveloped land remains. Municipal and public services including water, sewer, recreational facilities, streets and roads, fire and police protection are in place or scheduled for provision in the short term. Developed class residential areas have a density of three or more dwelling units per acre, a majority of lots are 15,000 square feet or less and are provided with traditional services, or permanent population densities are high and seasonal populations swell significantly. In Hertford County, there are no Developed classification area except as covered by municipal governments having their own land use plan. B. URBAN TRANSITION The purpose of this classification is to provide for future intensive urban development on lands that are suitable and that will be provided with the necessary urban services to support intense urban development. Areas meeting the intent of this class are presently being developed for urban purposes or will be developed in the next five to ten years. They are areas in transition from lower to higher intensity of uses and are generally free from physical limitations for development. They will require urban services. They should be contiguous to existing developed areas. They may include areas being considered for annexation or other areas within the extraterritorial jurisdiction. No Urban Transition areas will be designated in the County jurisdiction. C. LIMITED TRANSITION This class is intended for predominantly residential development taking place on lands with physical limitations or in areas near valuable estuarine waters or other fragile natural systems. Sewers and other services may be added here to protect against negative impacts of septic tanks rather than as an incentive for intense development. The County has no policy to provide sewer service, even in areas with 74 soil limitations, also current development patterns place most areas meeting the intent of this classification inside the jurisdictions of existing municipal land use plans, therefore, this classification will not be used. D. COMMUNITY The purpose of the Community class is to provide for clustered, mixed land uses at low densities to help meet housing, shopping, employment, and other needs in rural areas. Areas meeting the intent of this class provide a local social sense of "community." Very limited municipal type services such as fire protection and community water may be available but sewer systems are not provided to encourage development. "Crossroads communities" are characteristic of this classification. In Hertford County the Community classification will be used for incorporated areas which do not currently plan for themselves and unincorporated areas which meet the intent of this class. E. RURAL WITH SERVICES The purpose of this class is to provide for very low density land uses including residential use where limited water services are provided in order to avoid health problems. Rural water systems designed to serve a limited number of customers may be in place but should not serve to encourage development. The County anticipates helping provide water as needed on a township -by -township basis in the next five years. F. RURAL The purpose of the Rural class is to provide for agriculture, forestry, mineral extraction, and allied uses associated with an agrarian region. Noxious or hazardous land uses may also be appropriate here if sited to minimize negative impacts. Areas meeting the intent of this class are characteristically very low density dispersed residential development with on -site water and septic facilities. Other uses may include energy generating plants, airports, sewage treatment facilities, fuel storage tanks, resource production industries, and other industrial uses. Fire, rescue, and sheriff protection may be available. Population densities are very low. 75 Most of Hertford County falls into this classification. All areas which are not otherwise classified will be considered Rural. G. CONSERVATION The purpose of the Conservation class is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Management is needed due to natural, cultural, recreational, scenic, or natural productive values of both local and extra -local concern. Areas meeting the intent of this class are Areas of Environmental Concern (coastal wetlands, estuarine waters and shorelines, public trust areas) and other sensitive areas such as "404 Wetlands" (regulated by the Army Corps of Engineers), wildlife habitats, undeveloped forestlands, or scenic/cultural/recreational/natural resources. This class is designed to illustrate the natural, productive, scenic, cultural, and recreational features which make the coastal region a desirable place to live, work, and visit. Because of their uniqueness, conservation areas should be developed only in a limited and cautious way. Urban services, public or private, should not be provided in these areas as a catalyst to stimulate development. While the State's Coastal Management Program regulates development in AECs, their standards are considered minimum. Local governments desiring a more protective development approach in these areas may set their own, more restrictive standards within their land use plans and the State will honor those standards in letting permits. In Hertford County this class applies to undeveloped forestlands within 75' of the Chowan River, estuarine waters and shoreline along the Chowan River and the floodprone areas of the Meherrin and Wiccacon Rivers. Undeveloped. forestlands may be appropriate for a variety of uses, depending on topography, soil conditions, etc. Proposals for residential or commercial development in those areas which meet local ordinances and are able to pass septic permitting requirements will not be discouraged. Public Trust Areas should be limited to water - dependent development. 76 VII. RELATIONSHIP OF POLICIES AND LAND CLASSIFICATION The CAMA guidelines require each local government preparing plans to discuss the manner in which the policies developed apply to each of the land uses which are appropriate in each class. With the exception of the Conservation class, the land classification scheme closely approximates the zoning. map. This is because the County relies heavily on its zoning restrictions to reflect its stated policies. A. DEVELOPED AND TRANSITION CLASSES Hertford County has not utilized these land classifications. Transition Classes are used to provide for the entire range of urban land uses and future development. These uses include residential single and multi -family development, commercial and industrial development, utilities, community facilities, and transportation facilities. Large-scale developments such as power plants, wastewater land application systems, hazardous materials storage facilities, and airports should be located in areas classified as rural and located away from the population centers. Developed and Transition Classes are only evident in local plans for municipalities. B. COMMUNITY CLASS The Community class is designated for moderate density development within different types of uses such as homes, general and convenience stores, churches and school and will serve a fairly limited immediate area. Intensive type urban development will not be encouraged in this classification. C. RURAL WITH SERVICES CLASS The Rural With Services class provides for agriculture, forestry, mineral extraction, and other low intensity uses, but may provide rural water services for public health purposes. By the next plan update, the county water system should be in place and this classification will then apply in all townships. 77 D. RURAL CLASS The Rural class provides for agriculture, forestry, mineral extraction, and other low intensity uses. Residences may be located within the Rural class where urban services are not required and where natural resources will not be permanently impaired. Some large-scale development may be encouraged in the Rural class when there is an absence of otherwise suitable land within the Developed and Transition classes, or when there is a threat to the urban populace. Such developments include airports and power plants. The County reserves the privilege of allowing specific types of industrial development in the rural areas if there will be no harmful effects from such a location. E. CONSERVATION CLASS The Conservation class is to provide for long-term management of significant limited or irreplaceable areas which include wetlands; undeveloped shorelines that are unique, fragile, or hazardous for development; wildlife habitat areas; publicly -owned watersheds and aquifers; undeveloped forestlands within 75' of the Chowan River; and cultural and historical sites. Development in the Conservation class should be limited. The County's intentions are addressed under Resource Protection. 78 VJIL INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION The problems discussed in this plan are problems which are common to all the municipalities within the County and as such require common solutions. The Coastal Resources Commission wants to encourage a broad -based intergovernmental coordination role to share the solutions to these common problems. This coordination may be described by three (3) applications. 1. The policy discussion and the land classification map encourage coordination and consistency between local land use policies and the State and Federal governments. The local land use plan is the principle policy guide for governmental decisions and activities which affect land uses in Hertford County. 2. The local land use plan provides a framework for budgeting, planning, and for the provision and expansion of community facilities such as water and sewer systems, schools and roads. 3. The local land use plan will aid in better coordination of regulatory policies and decisions by describing the local land use policies and designating specific areas for certain type of activities. Hertford County intends to foster intergovernmental coordination by: a. being a member of any organization of managers and/or mayors of the municipalities within the County that may be organized. b. appointing a County Planning Board composed of members from local governments within the County. c. showing that it is inclined to implement policies to foster agricultural and forestry interests. d. assuring that the zoning map conforms to existing municipal ordinances where they are adjacent. e. working with the State's Department of Cultural Resources in protecting and enhancing its cultural, historical, and archaeological resources. f. issuing minor CAMA permits in strict accord with regulations. g. enforcing State building and sanitary codes on the local level. h. exchanging approved land use plans with all incorporated local governments and with surrounding county governments. 79 t II r -. - PER Mill a. ,:ei9e 111199..• 'n'1Hill, EIS; A�' �1' .'..;ire ••<•a`•'Y i' iu �`'I,r = c� _'-7 \� �'7�,� i��� "'1 tlh�i U•" ��I • yllll•I:I gqlI Ate:-,�„ti �"� � . •' - • � �;; t ply ••., It �1•11141j11�1 1 . �• ,-I ,,,,t,�i� � +1,1j�="``:.. � 1 � 1 1 1 , 1 �1hU-- .u1t 1+ qw.. rjlll� i • �►•• � �� ...... li0�ul n o ♦ �4,,�a pu�u' 11 AN IN NO WA1 ,��� .ia ��� a Ow" '''II�IIII�I lwuulgp'I `d 4 t"' ��"'• ►• 1 1 1 / 1 1 1 1 1 • 1 1 1 1 1 t'r • N gal If� p.t° '• ;. M `h+1I'I u�� •�•� . ;;t.�at 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 1 1 1 1' t � / � '1 1 1 •1 1 �' 1 1 11- 1 1 1 � •1 1 1 1 1 '1 1 1 Hertford L a n d U s County ���_•� - Hertford County `� ... Como ; 1996 7 — � of H g� •� � �, NC CAMA Residential COUNTIES - 7759 ® Commercial -� Industrial -- - ® Transportation, Utility .. and Communication F-1 / -er Agriculture and Forest C L ww• ra ` ` ® See Local Land Use Plan HAR LL LE 0 2 4 6 - ® MILES - The preparation of this map was financed in port through - a grant provided by the North Carolina Coastal Management _ �• o ,- Program, through funds rovided by the Coastal Zone "" • • - • — Manogement Act of 1972p as amended which is administered by the Office of Ocean and Coastal kesource Management, National Oceanic and Atmospheric Administration. Hertford L a n d County C1a Hertford County COMO collnEt 9'9 6 N m ° NC CAMA f RFRIISSBOR _ - o COUNTIES 1759 -�- CAMA LAND CLASS: .._ ® -Conservation �1 Community / _ o Municipal Jurisdiction 1 w �w Rural with Services M ` (Water Districts to be •y8 W 4• m �' in Operation over the next 5 Years) S � A IE HARR VI I -., 0 2 4 6 MILES The preparation r�f this map was financed in part through " a grant provide, by the North Carolina Coastal Management „„ "- „- •' Program; throuc, `unds provided by the Coastal Zone ManagementAci ;f 1972, as amended, which is administered �" - •- "' . "" �• "" "' "' 'a by the Office Ocean and Coastal Resource Management, National Oceans cr:d Atmospheric Administration. A RESOLUTION: THE CITIZEN PARTICIPATION PLAN FOR INPUT ON THE 1996 LAND USE PLAN UPDATE In accordance with the North Carolina Administrative Code 15 NCAC 7B.0215, as amended, regarding public participation in land use planning efforts, the Board of County Commissioners, Hertford County, North Carolina hereby resolves to support public educational efforts and participation techniques to assure that all segments of the County's population have full and adequate opportunity to be informed of proceedings and decisions relating to the 1996 Hertford County Land Use Plan Update. The elements of this citizen participation plan shall include but not be limited to the following: (1) The Hertford County Planning and Zoning Board, which is an appointed, diversified citizen group, shall be responsible for supervision of the update process and shall make recommendations to the County Commissioners regarding the preliminary and final draft versions of the plan. (2) In addition to the Planning and Zoning Board, wholly at the discretion of the Board of County Commissioners, a sub -group designated as a supplementary ad hoc advisory group may be appointed to ensure that diverse geographic, economic, ethnic, cultural, and social interests will be represented. (a) The Hertford County Board of Commissioners shall appoint one (1) representative from each incorporated municipality which does not have its own Land Use Plan, and other representatives from the County's Planning area to equal seven (7) or more members. (3) A series of newspaper articles explaining the Land Use Plan Update process shall be provided to The News Herald. Incorporated into these articles will be reports of Planning and Zoning Board meetings. The Board of County Commissioners may, if it chooses, designate one week as "Land Use Planning Week" in Hertford County. If pursued, activities will be held in each municipality within the county which will familiarize the public with the Land Use Planning process. These activities will include but are not limited to: (a) Distribution of printed material to schools, civic organizations, and major employers in the county. (b) Speakers from the Mid -East Commission and/or the Department of Environment, Health, and Natural Resources visiting Junior High and High School civics or geography classes and civic organization meetings. (c) Public meetings in each municipality with opinion surveys taken and public comments heard. (4) An opinion survey/questionnaire shall be used to solicit public opinion. The survey shall be distributed by some or all of the following methods: (a) newspaper cut-out for return by mail or to drop box, (b) presentations at local civic clubs, (c) direct pick up at County Offices, with a drop box available in the same location, (d) direct mail to absentee property owners of land subject to CAMA restrictions. (5) All meetings of the Planning Board shall be public meetings, whether they be regularly scheduled or supplemental meetings. A calendar of the projected work schedule will be posted in all public buildings. (6) The County Commissioners shall hold a public hearing prior to formal adoption of the final update as described in T15A:NCAC 7B .0402(a), posted and advertised at least once in a newspaper of general circulation, with such notice appearing at least 30 days prior to the hearing date and stating the date, time, place, and proposed action, and that copies of the plan may be viewed at a particular office of government during designated hours. This resolution hereby adopted this the 19th day of February, 1996. Planning Board, Chairman County Commissioners, Chairman EHNR - ENVIRONMENTAL MANAGEMENT TI5A: 02II .0200 Amended Eff. February 1, 1993, October 1, 1987,- February 1, 1986. .0216 LIMITATION ON DELEGATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.9(d); 143-215.3(a)(4); Eff. February 1, 1976, Repealed Eff. February 1. 1986. .0217 PERMITTING BY REGULATION (a) The following nondischarge facilities are deemed to be permitted pursuant to G.S. 143-215.1(d) and it shall not be necessary for the Division to issue individual permits for construction or operation of the following facilities: (1) Animal waste management systems for which waste does not reach the surface waters by runoff, drift, direct application or direct discharge during operation or land application and which meet the following criteria: (A) Systems which are designed for, and actually serve, less than the following number of animals and all other systems not specifically mentioned in this Rule: 100 head of cattle 75 horses 250 swine 1,000 sheep 30,000 birds with a liquid waste system Although these systems are not required to obtain an approved animal waste management plan, animal waste treatment and storage facilities such as, but not limited to, lagoons, ponds, and drystacks which are designed and constricted to serve new, upgraded or expanded facilities under these size criteria are encouraged to meet the same minimum standards and specifications as required for an approved animal waste management plan. Systems that are determined to have an adverse impact on water quality may be required to obtain an approved animal waste management plan or to apply for and receive an individual nondischarge permit from DEM. (B) Poultry operations which use a dry litter system if records are maintained for one year which include the dates the litter was removed, the estimated amount of litter removed and the location of the sites where the litter was land applied by the poultry operation, the waste is applied at no greater than agronomic rates and if litter is stockpiled not closed than 100 feet from perennial waters as indicated on the most recent published version of U.S.G.S. 1:24.000 (7.5 minute) scale topographic maps and other waters as determined by the local soil and water conservation district. If a third party applicators is used, records must be maintained of the name, address and phone number of the third party applicator. (C) Land application sites under separate ownership from the waste generator, receiving animal waste from feedlots which is applied by either the generator or a third party applicator, when all the following conditions are met: (i) the waste is applied at no greater than agronomic rates; (ii) a vegetative buffer (separation) of at least 25 feet is maintained from perennial waters as indicated on the most recent published version of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps and other waters as determined by the local soil and water conservation district, if a wet waste application system is used. (D) Existing animal waste management systems serving equal to or greater than the number of animals as listed in Part (a)(1)(A) of this Rule until December 31, 1997. In addition, a registration form for the system must be submitted to DEM on forms supplied or approved by DEM pursuant to Paragraph (c) of this Rule. Systems that are determined to have an adverse impact on water quality may be required to obtain an approved animal waste management plan or to apply for and receive an individual nondischarge permit from DEM. (E) Existing animal waste management systems serving equal to or greater than the number of animal as listed in Part (a)(1)(A) of this Rule, which have an approved animal waste management plan by December 31, 1997. Systems that do not have an approved animal waste management plan or are determined to have an adverse impact on water quality may be required to apply for and receive an individual-nondischarge permit from DEM. NORTH CAROLINA ADMINISTRATIVE CODE 06103196 Page 17 EHNR - ENVIRONMENTAL biANAGEAfENT TISA: 02H .0200 !i (F) New and expanded animal waste management systems serving equal to or greater than the number of animals listed in Part (a)(1)(A) of this Rule which are placed in operation during the period from the effective date of this Rule through December 31, 1993 and which submitted a registration form for the system to DEM on forms supplied or approved by DEM. Systems that are determined to have an adverse impact on water quality may be required to obtain an approved animal waste management plan or to apply for and receive an individual nondischarge permit ]from DEM. (G) New and expanded animal waste management systems serving equal to or greater than the number of animals listed in Part (a)(1)(A) of this Rule, which have an approved animal waste management plan after December 31, 1993. (i1) For the purpose of this Rule, the procedures for the development of an approved animal waste management plan shall be as follows: (i) The animal waste management practices or combination of practices which are selected to 1 comprise a plan for a specific feedlot must meet the minimum standards and specifications of the U.S. Department of Agriculture - Soil Conservation Service contained in the Field Office Technical Guide or the standard of practices adopted by the Soil and Water commission or standards for any combination of practices which provide water quality protection and are approved by one of these two agencies. (ii) Plans must be certified by any technical specialist designated pursuant to rules adopted by the Soil and Water Conservation Commission and the certificate submitted to the DEM central office on forms approved or supplied by DEM. The technical specialist must certify that the best management practices which comprise the plan meet the applicable minimum standards and specifications. Should the Soil and Water Conservation Commission fail to adopt Hiles to implement the provisions of this Rule within 12 months of its effective date, all animal waste management systems that would have been required to obtain an approved animal waste management plan must apply for and receive an individual nondischarge permit from the Division of Environmental Management. (iii) The land application buffers must meet the conditions established in Subpart (a)(1)(C)(ii) of this Rule. (iv) The waste shall not be applied at greater than agronomic rates. (v) For new or expanded animal waste management systems requiring a plan, plan approval must include an on -site inspection to confirm that animal waste storage and treatment structures such as but not limited to lagoons and ponds have been designed and constructed to meet the appropriate minimum standards and specifications. (vi) New and expanded animal waste storage and treatment facilities such as but not limited to lagoons and ponds shall be located at least 100 feet from perennial waters as indicated on the most recent published version of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps and other waters as determined by the local soil and water conservation district. This buffer requirement shall also apply to areas where an established vegetative cover will not be maintained because of the concentration of animals, with the exception of stream crossings. Animal waste storage/treatment facilities and animal concentration areas will be exempt from the minimum buffer requirements if it can be documented that no practicable alternative exists and that equivalent controls are used as approved by the Soil and Water Conservation Commission. (vii) For new facilities, an animal waste management plan must be approved before animals are initially stocked. For an expanded facility, as animal waste management plan must be approved before the additional animals are stocked. New and expanded systems may be constructed in phases as long as each phase meets the minimum criteria established in Subpart (a)(1)(14)(i) of this Rule. (viii) For existing animal waste management systems, the animal waste management plan shall include only operational and maintenance standards and specifications in effect on the date of plan approval. Meeting minimum design and construction standards and specifications for existing animal waste storage and treatment structures, such as but not limited to lagoons and ponds, shall not be required for plan approval. (ix) An approved plan for an existing animal waste management system may be amended at any time without submitting a new certification to DEM if the revision meets minimum standards and specifications and is approved by any technical specialist designated pursuant to Subpart (a)(1)(H)(ii) of this Rule. NORTH CAROLINA ADMINISTRATIVE CODE 06103196 Page 18 r1IJAK - • A011. VAAA .V.&UU (x) For animal waste management systems which use third party applicators, the plan must require a current record to be maintained for a period of one year which includes the name, address and phone number of the third party applicator, the date of removal of the animal waste and the amount of waste removed. (xi) An approved plan is not required to be approved again when revisions are made to the minimum standards and specifications, but such revision, as applicable, will be encouraged to be incorporated into the plan. (xii) For each change in ownership of the feedlot, the new owner must notify DEM in writing within 60 days of transfer of ownership that the approved plan has been read and is understood and that all provisions of the plan will be implemented. (xiii) A copy of the approved plan, the signed certification form and any approved revisions to the plan shall be maintained by the operator. (2) Treatment works and disposal systems for solid waste disposal sites and composting facilities for solid waste, residuals or residues approved in accordance with the rules of the Commission for Health Services if the Commission for Health Services has received the written concurrence of the Director. The term solid waste is used as defined in G.S. 130A-290 and includes hazardous waste. .(3) Any building sewer documented by the local building inspector to be in compliance with the N.C. State Plumbing Code. (4) Sites permitted under the authority of the Commission for Health Services for the disposal/utilization of residuals/septage. (5) Individual land application sites receiving compost or other stabilized residuals that are demonstrated as being nonhazardous and nontoxic, meet EPA's criteria for PFRP or Class A residuals as defined in 40 CFR SM, are registered by the North Carolina Department of Agriculture as a commercial fertilizer/soil amendment, are utilized at agronomic rates and are sold and used exclusively in bag form. No distinction will be made as to whether the material is bagged in North Carolina or shipped into the state already bagged. (6) Storage sites for petroleum contaminated soils that are utilized for less than 45 days, storage is on 10 mil or thicker plastic, provisions are made for containing potential leachate and runoff and approval of the activity has been receiving from the appropriate DEM Regional Supervisor or his designee. (7) Land application sites for petroleum contaminated soils with volumes of soil from each source of less than or equal to 50 cubic yards and approval of the activity has been received from the appropriate DEM Regional Supervisor or his designee. (8) Swimming Pool filter backwash and pool drainage that is discharged to the land surface. (9) Drilling muds, cuttings and well water from the development of wells. . ... (10) Composting facilities for dead animals, if the facilities are constructed and operated in accordance with guidelines approved by the North Carolina Department of Agriculture, are constructed on an impervious, weight -bearing foundation, operated under a roof and are approved by the State Veterinarian. (11) Operations that involve routine maintenance or the rehabilitation of existing sewer lines. In situations where existing sewer lines are undergoing routine maintenance, the existing sewer lines are being rehabilitated by constructing or instaIIing replacement sewers, or the existing sewer lines are being refurbished by the installation of some type of sealant or sleeve inside the existing sewer line, a specific nondischarge permit is not required. These operations will be deemed to. be permitted as long as all construction and installation conforms to the design criteria of the Division pursuant to Rule .0219 of this Section, as long as new sources of wastewater flow are not being connected to the rehabilitated sewers, and as long as all replacements or newly constructed sewers are located in the same proximity (same general horizontal and vertical alignment) as the existing sewers. If any of the criteria in this Paragraph are not being adhered to, a site specific permit must be requested by the applicant. Additionally, once the maintenance or rehabilitation activities are completed, a North Carolina Professional Engineer's certification (form provided by the Division) must be submitted to the appropriate Regional Supervisor for the completed work. (b) The Director however may on a case by case basis determine that a facility should not be deemed to be permitted in accordance with this Rule and be required to obtain individual nondischarge permits. This determination will be made based on existing or projected environmental impacts. (c) All existing, new or expanding animal waste management systems serving equal to or greater than the number of animals as listed in Part (a)(1)(A) of this Rule must submit a registration form for the system to DEM. Failure to register on or before December 31, 1993, shall result in an appropriate enforcement action being initiated or the facility being required to apply for and receive an individual nondischarge permit. Penalties assessed may be based NORTH CAROLINA ADMINISTRATIVE CODE 06103196 Page 19 EHNR - ENVIRONMENTAL MANAGEMENT TISA: 02H .0200 on any one or a combination of the factors as established in G.S. 14313-282.1(b) and commensurate with actual or potential environmental damage. (d) Failure to obtain approval of a management plan as required by the dates specified in Paragraph (a)(1) of this Rule or failure to follow an approved animal waste management plan shall result in appropriate enforcement actions being initiated or the facility being required to apply for and receive an individual nondischarge permit. Penalties assessed may be based on. any one or a combination of the factors as established in G.S. 143B-282.1(b) and commensurate with actual or potential environmental damage. (e) The Secretary of Environment, Health, and Natural Resources is delegated the authority to assess fines and penalties for the willful discharge of animal waste from animal or poultry feeding operations pursuant to N.C. General Statutes 143-215(e). (f) Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air quality standards, and iri addition any such violation shall be considered a violation of a condition of a permit. Further, nothing in this Rule shall be deemed to apply to or permit activities for which a state/NPDES permit is otherwise required. The term NPDES means National Pollutant Discharge Elimination System. History Note. Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.3(a),(d), Eff. February 1, 1976; Amended Eff. February 1, 1993; December 1, 1984. .0218 LOCAL PROGRAMS FOR SEWER SYSTEMS (a) Jurisdiction. Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may apply to the Commission for approval of programs for permitting construction, modification, and operation of public and private sewer systems in their utility service areas. Permits issued by approved local programs serve in place of permits issued by the Division. (b) Applications. Applications for approval of local sewer system programs must provide adequate information to assure compliance with the requirements of G.S. 143-215.1(f) and the following requirements: (1) Applications for local sewer system programs shall be submitted to the Director, Division of Environmental Management, Department of Environment, Health, and Natural Resources, P. O. Box 29535, Raleigh, North Carolina, 27626-0535. (2) The program application shall include copies of permit application forms, permit forms, minimum design criteria, and other relevant documents to be used in administering the local program. (3) An attorney representing the local unit of government submitting the application must certify that the local authorities for processing permit applications, setting permit requirements, enforcement, and penalties are compatible with those for permits issued by the Division. (4) If the treatment and disposal system receiving the waste is under the jurisdiction of another local unit of government, then the program application must contain a written statement from that local unit of government that the proposed program complies with all its requirements and that the applicant has entered into a satisfactory contract which assures continued compliance. (5) Any future amendments to the requirements of this Section shall be incorporated into the local sewer system program within 60 days of the effective date of the amendments. (6) A professional engineer licensed to practice in this state shall be on the staff of the local sewer system program or retained as a consultant to review unusual situations or designs and to answer questions that arise in the review of proposed projects. (7) Each project permitted by the local sewer system program shall be inspected for compliance with the requirements of the local program at least once during construction. (8) A copy of each permit issued by the local sewer system program shall be sent to the regional office of the Division and another copy sent to the central office of the Division in Raleigh. Copies of the approved plans must also be submitted upon request by the Division. (9) A semi-annually report shall be submitted to the Director with a copy to the appropriate DEM Regional Office, listing for each local permit issued during the quarter the name of the person receiving the permit, the permit number, the treatment facility receiving the waste, and the design flow and the type of waste for sewer system extensions or changes. The report shall also provide a listing and summary of all enforcement actions taken or pending during the quarter. The quarters begin on January 1, April 1, July 1, and October 1, and the report shall be submitted within 30 days after the end of each period. (c) Approval of Local Programs. The staff of the division shall acknowledge in writing receipt of an application for a local sewer system program, review the application, notify the applicant of additional information that may be required, and make a recommendation to the Commission on the acceptability of the proposed local program. Current Text of Senate Bill 1217 ....ncga.cnidr.org/.html/htmlbills/senate/ratified/sbil l2l 7.current.hi GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION RATIFIED BILL CHAPTER 626 SENATE BILL 1217 AN ACT TO IMPLEMENT RECOMMENDATIONS OF THE BLUE RIBBON STUDY COMMISSION ON AGRICULTURAL WASTE. Additional Information Available on: Bill Status Bill Financial Data The General Assembly of North Carolina enacts: PART I. PERMITOPERATIONS REVIEWINSPECTIONFEES FOR ANIMAL ' WASTE MANAGEMENT SYSTEMS FOR ANIMAL OPERATIONS Section 1. Article 21 of Chapter 143 of the General Statutes is amended by adding a new Part to read: "Part IA. Animal Waste Management Systems. "§ 143-215.10A. Legislative findings and.intent. The General Assembly finds that animal operations provide significant economic and other benefits to this State. The growth of animal operations in recent years has increased the importance of good animal waste management practices to protect water quality. It is critical that the State balance growth with prudent environmental. safeguards. It is the intention of the State to promote a cooperative and coordinated approach to animal waste management among the agencies of the State with a primary emphasis on technical assistance to farmers. To this end, the General Assembly intends to establish a permitting program for animal waste management systems that will protect water quality and promote innovative systems and practices while minimizing the regulatory burden. Technical assistance, through operations reviews, will be provided by the Division of Soil and Water Conservation. Permitting, inspection, and enforcement will be vested in the Division of Environmental Management. "§ 143-215.10B. Definitions. As used in this Part: (1) 'Animal operation' means any agricultural farming activity involving 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry. with a liquid animal waste management system. Public livestock markets or sales regulated under Articles 35 and 35A of Chapter 106 of the General Statutes shall not be considered animal operations for purposes of this Part. (2) -Animal waste' means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter, or other materials from an animal operation. (3) 'Animal waste management system' means a combination of structures and nonstructural practices serving a feedlot that provide for the collection, treatment, storage, or land application of animal Haste. (4) 'Division' means the Division of Environmental Management of the Department. (5) 'Feedlot' means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate or where the concentration of animals is such that an established. vegetative cover cannot be 1 of 12 08/07/96 15:05:07 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.htmVhtmlbills/senate/ratified/sbill2l7.current.hti maintained. A building or lot is not a feedlot unless animals are confined for 45 or more days, which may or may not be consecutive, in a 12-month period. Pastures shall not be considered feedlots for purposes of this Part. (6) 'Technical specialist, means an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans. "§ 143-215.10C. Applications and permits. (a) No person shall construct or operate an animal waste management system for an animal operation without first obtaining a permit under this Part. The Commission shall develop a system of general permits for animal operations based on species, number of animals, and other relevant factors. (b) An animal waste.management system shall be designed, constructed, and operated so that the animal operation served by the animal waste management system does not cause pollution in the waters of the State except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm. (c) The Commission shall act on a permit application as quickly as possible and may conduct any inquiry or investigation it considers necessary before acting on an application. If the Commission fails to act on an application for a permit, including a renewal of a permit, within 90 days after the applicant submits all information required by the Commission, the application is considered to be approved. (d) All applications for permits or for renewal of an existing permit shall be in writing, and the Commission may prescribe the form of the applications. All applications shall include an animal waste management system plan approved by a technical specialist. The Commission may require an applicant to submit additional information the Commission considers necessary to evaluate the application. Permits and renewals issued pursuant to this section shall be effective until the date specified therein or until rescinded unless modified or revoked by the Commission. (e) Animal waste management plans shall include all of the following components: (1) A checklist of potential odor sources and a choice of site -specific, cost-effective remedial best management practices to minimize those sources. (2) A checklist of potential insect sources and a choice of site -specific, cost-effective best management practices to minimize insect problems. (3) Provisions that set forth acceptable methods of disposing of mortalities. (4) Provisions regarding best management practices for riparian buffers or equivalent controls, particularly along perennial streams. (5) Provisions regarding the use of emergency spillways and site -specific emergency management plans that set forth operating procedures to follow during emergencies in order to minimize the risk of environmental damage. (6) Provisions regarding periodic testing of waste products used as nutrient sources as close to the time of application as practical and at least within 60 days of the date of application and periodic testing, at least annually, of soils at crop sites where the waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored, and alternative crop sites shall be used when these metals approach excess levels. (7) Provisions regarding waste utilization plans that assure a balance between nitrogen application rates and nitrogen crop requirements, that assure that lime is applied to maintain pH in the optimum range for crop production, and that include corrective action, including revisions to the waste utilization plan based on data of crop yields and crops analysis, that will be taken if this balance is not achieved as determined by testing conducted pursuant to subdivision (6) of this subsection. (8) Provisions regarding the completion and maintenance of records on forms developed by the Department, which records shall ' 2 of 12 08/07/96 15:05:07 Current Text of.Senate Bill 1217 ....ncga.cnidr.org/.htmVhtmlbills/senate/ratified/sbil l 2l 7.current.htti include information addressed in subdivisions (6) and (7) of this subsection,, including the dates and rates that waste products are applied to soils at crop sites, and shall be made available upon request by the Department. (f) Any operator of an animal operation with a dry litter animal waste management system involving 30,000 or more birds shall develop an animal waste management plan that complies with the testing and record -keeping requirements under subdivisions (6) through (8) of subsection (e) of this section. Any operator of this type of animal waste management system shall retain records required under this section and by the Department on -site for three years. (g) The Commission shall encourage the development of alternative and innovative animal waste management technologies. The Commission shall provide sufficient flexibility in the regulatory process to allow for the timely evaluation of alternative and innovative animal waste management technologies and shall encourage.operators of animal ,waste management systems to participate in the evaluation -of these technologies. The Commission shall provide sufficient flexibility in the regulatory process to allow for the prompt implementation of alternative and innovative animal waste management technologies that are demonstrated to provide improved protection to public health and the environment. "§ 143-215.1OD. Operations review. (a) The Division, in cooperation with the Division of Soil and Water Conservation, shall develop a reporting procedure for use by technical specialists who conduct operations reviews of animal operations. The reporting procedure shall be consistent with the Division's inspection procedure of animal operations and with this Part. The report shall include any corrective action recommended by the technical specialist to assist the owner or operator of the animal operation in complying with all permit requirements. The report shall be submitted to the Division within 10 days following the operations review unless the technical specialist observes a violation described in G.S. 143-215.10E. If the technical specialist finds a violation described in G.S. 143-215.10E, the report shall be filed with the Division immediately. (b) As part of its animal waste management plan, each animal operation shall have an operations review at least once a year. -The operations review shall be conducted by a technical specialist employed by the Division of Soil and Water Conservation of the Department, a local Soil and Water Conservation District, or the federal Natural Resources Conservation Services working under the direction of the Division of Soil and Water Conservation. (c) Operations reviews shall not be performed by technical specialists with a financial interest in any animal operation. "§ 143-215.10E. Violations requiring immediate notification. (a) Any employee of a State agency or unit of local government lawfully on the premises and engaged in activities relating to the animal operation who observes any of the following violations shall immediately notify the owner or operator of the animal operation and the Division: (1) Any direct discharge of animal waste into the waters of the State. (2) Any deterioration or leak in a lagoon system that poses an immediate threat to the environment- (3) Failure to maintain adequate storage capacity in a lagoon that poses an immediate threat to public health or the environment. (4) Overspraying animal waste either in excess of the limits set out in the animal waste management plan or where runoff enters waters of the State. (5) Any discharge that bypasses a lagoon system. (b) Any employee of a_federal agency lawfully on the premises and engaged in activities relating to the animal operation who observes any of the.above violations is encouraged to immediately notify the Division. "§ 143-215.1OF. Inspections. - - The Division shall conduct inspections of all animal operations that are subject to a permit under G.S. 143-215.1OC at least once a year to determine whether the system is causing a violation of water quality standards and whether the system is in compliance with its animal waste management plan or any other condition of the permit. 3of12 08/07/96 15:05:07 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.html/htmlbills/senate/ratified/sbiI I217.current.html "S 143-215.10G. Fees for animal waste management systems. The Department shall charge an annual permit fee of all animal operations that are subject to a permit under G.S. 143-215.10C for animal waste management systems according to the following schedule: (1) For a system with a design capacity of 38,500 or more and less than 100,000 pounds steady state live weight, fifty dollars ($50.00). (2) For a system with a design capacity of 100,000 or more and less than 800,000 pounds steady state live weight, one hundred dollars ($100.00). (3) For a system with a design capacity of 800,000 pounds or more state live weight, two hundred dollars ($200.00)." Sec. 2. G.S. 143-215.1(a) reads as rewritten: "(a) Activities for Which Permits -Required. -- No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into the waters of the State. (2) Construct or operate any sewer system, treatment works, or disposal system within the State. (3) Alter, extend, or change the construction or method of operation of any sewer system, treatment works, or disposal _ system within the State. (4) Increase the quantity of waste discharged . through any outlet or processed in any treatment works or disposal system to any extent that would result in any violation of the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters to the extent of violating any applicable standard. (5) Change the nature of the waste discharged through any disposal system in any way that would exceed the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters in relation to any applicable standards. (6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. (7) Cause or permit any wastes for which pretreatment is required by pretreatment standards to be discharged, directly or indirectly, from a pretreatment facility to any disposal system or to alter, extend or change the construction or method of operation or increase the quantity or change the nature of the waste discharged from or processed in that facility. (8) Enter into a contract for the construction and installation of any outlet, sewer system, treatment works, pretreatment facility or disposal system or for the alteration or extension of any such facility. (9) Dispose of sludge resulting from the operation of a treatment works, including the removal of in -place sewage sludge from one location and its deposit at another location, consistent with the requirement of the Resource Conservation and Recovery Act and regulations promulgated pursuant thereto. (10) Cause or permit any pollutant to enter into a defined managed area of the State's waters for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. (11) Cause or permit discharges regulated under G.S. 143-214.7 that result in water pollution. (12) Construct or operate an animal waste management system, as defined in G.S. 143-215.10B, without obtaining a permit under Part lA of this Article. (al) In the event that both effluent standards or limitations and classifications and water quality standards are applicable to any point source or sources and to the waters to'whicg they discharge, the 4of12 08/07/96 15:05:08 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.html/htm[bills/senate/ratified/sbil l 2l 7.current.html more stringent among the standards established by the Commission shall be applicable and controlling. (a2) No permit shall be granted for the disposal of waste in waters classified as sources of public water supply where the head of the agency that administers the public water supply program pursuant to Article 10 of Chapter 130A of the General Statutes, after review of the plans and specifications for the proposed disposal facility, determines and advises the Commission that any outlet for the disposal of waste is, or would be, sufficiently close to the intake works or proposed intake works of a public water supply as to have an adverse effect on the public health. (a3) If the Commission denies an application for a permit, the Commission shall state in writing the reason for the denial and shall also state the Commission's estimate of the changes in the applicant's proposed activities or plans that would be required in order that the applicant may obtain a permit." PART II. SPECIAL ORDERS OF CONSENT/PENALTIES Sec. 3. G.S. 143-215.2(a) reads as rewritten: "(a) Issuance. -- The Commission may, after the effective date of classifications, standards and limitations adopted pursuant to G.S. 143-214.1 or G.S. 143-215,- or a water supply watershed management requirement adopted pursuant to G.S. 143-214.5, issue, and from time to time modify or revoke, a special order,.or other appropriate instrument, to any person whom it finds responsible for causing or contributing to. any pollution of the waters of the State within the area for which . standards have been established. The order or instrument may direct the person to take, or refrain from taking an action, or to achieve a result, within a period of time specified by the special order, as the Commission deems necessary and feasible in order to alleviate or eliminate the pollution. The Commission is authorized to enter into consent specialorders, assurances of voluntary compliance or other similar documents by agreement with the person responsible for pollution of the water, subject to the provisions of subsection (al) of this section regarding proposed orders, and the consent order, when entered into by the Commission after public review, shall have the same force and effect as a special order of the Commission issued pursuant to hearing. " . Sec. 4. G.S. 143-215(e) reads as rewritten: "(e) Except as required by federal law or regulations, the Commission may not adopt effluent standards or limitations applicable to ' animal and poultry feeding operations. Notwithstanding the foregoing, where manmade pipes, ditches, or other conveyances have been constructed for the purpose of willfully discharging pollutants to the waters of the State, the Secretary shall have the authority to assess fines and penalties not to exceed ten thousand dollars ($10,000) for the first offense. The definitions and provisions of 40 Code of Federal Regulations § 122.23 (July 1, 1990 Edition) shall apply to this subsection." PART III. CERTIFICATION/TRAINING OF ANIMAL WASTE MANAGEMENT SYSTEM OPERATORS Sec. 5. G.S. 143B-301(a) reads as rewritten: "(a) The Water Pollution Control System Operators Certification Commission shall consist of 11 members. Two members shall be from the animal agriculture industry and shall be appointed by the Commissioner of Agriculture. Nine members shall be appointed by the Secretary of Environment, Health, and Natural Resources with the approval of the Environmental Management Commission with the following qualifications: (1) Two members shall be currently employed as water pollution control facility operators, water pollution control system superintendents or directors, water and sewer superintendents or directors, or equivalent positions with a North Carolina municipality; (2) One member shall be manager of a North Carolina municipality having a population of more than 10,000 as of the most recent federal census; (3) One member shall be manager of a North Carolina municipality having a population of less than 10,000 as of the most recent federal census; (4) One member shall be employed by a private industry and shall be responsible for supervising the treatment or pretreatment of industrial wastewater; 5 of 12 08/07/96 15:05:08 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.html/htmlbills/senate/ratified/sbil l 2l7.current.html (5) One member who is a faculty member of a four-year college or university and whose major field is related to wastewater treatment; (6) One member who is employed by the Department of Environment, Health, and Natural Resources and works in the field of water pollution control, who shall serve as Chairman of the Commission; (7) one member who is employed by a commercial water pollution control system operating firm; and (8) One member shall be currently employed as a water pollution control system collection operator, superintendent, director, or equivalent position with a North Carolina municipality." Sec. 6. (a) The title of Article 3 of Chapter 90A reads as rewritten: "ARTICLE 3. Certification of Water Pollution Control System Operators and Animal Waste Management System Operators. Part 1. Certification of Water Pollution Control System Operato rs." (b) Article 3 of Chapter 90A of•the General Statutes, as. amended by subsection (a) of this .section, is amended by adding a new Part to read: "Part 2. Certification of Animal Waste Management System Operat ors. "§ 90A-47. Purpose.. The purpose of this Part is to reduce nonpoint source pollution in order to protect the public health and to conserve and protect the quality of the"State's water resources, to encourage the development and improvement of the State's agricultural land for the production of food and other agricultural products, and to require the examination of animal waste management system operators and certification of their competency to operate or supervise the operation of those systems. "§ 90A-47.1. Definitions. (a) As used in this Part: (1) 'Animal waste' means liquid residuals resulting from an animal operation that are collected, treated, stored, or applied to the land through an animal waste management system. (2) 'Application' means laying, spreading on, irrigating, or injecting animal waste onto land. (3) -Commission' means the Water Pollution Control System Operators Certification Commission. (4) "'Owner' means the person who owns or controls the land used for agricultural purposes or the person's lessee or designee. (5) 'Operator in charge' means a person who holds a currently valid certificate to operate an animal waste management system and who has primary responsibility for the operation of the system. (b) The definitions set out in G.S..143-215.10B, other than the definition of -animal waste', apply to this Part. "§ 90A-47.2. Certified operator in charge required; qualifications for certification. (a)' No owner or other person in control of an animal operation having an animal waste management system shall allow the system to be operated by a person who does not hold a valid certificate as an operator in charge of an animal waste management system issued by the Commission. No person shall perform the duties of an operator in charge of an animal waste management system without being certified under the provisions of this Part. Other persons may assist in the operation of an animal waste management system so long as they are directly supervised by an operator in charge who is certified under this Part. (b) The owner or other person in control of an animal operation may contract with a certified animal waste management system operator in charge to provide for the operation of the animal waste management system at that animal operation. The Commission may adopt rules requiring that any certified animal waste management system operator in charge who contracts with one or.more owners or other persons in control of an animal, operation file an annual report with the Commission as to the operation of each system at which the services of the operator in charge are provided. "§ 90A-47.3. Qualifications for certification; training; examination. (a) The Commission shall develop and administer a certification program for animal waste management system operators in charge that 6of12 08/07/96 15:05:02 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.htmllhtmlbills/senate/ratified/sbil l2l 7.current.htmi provides for receipt of applications, training and examination of applicants, and investigation of the qualifications of applicants. (b) The Commission, in cooperation with the Division of Environmental Management of the Department of Environment, Health, and Natural Resources, and the Cooperative Extension Service, shall develop and administer a training program for animal waste management system operators in charge. An applicant for initial certification shall complete 10 hours of classroom instruction prior to taking the examination. In order to remain certified, an animal waste management system operator in charge shall complete six hours of approved additional training during each three-year period following initial certification. A certified animal waste management system operator in charge who fails to complete approved additional training within 30 days of the end of the three-year period shall take and pass the examination for certification in order to renew the certificate. "§ 90A-47.4. Fees; certificate renewals. (a) An applicant for certification under this Part shall pay a fee of ten dollars ($10.00) -for the examination and the certificate. (b) The certificate shall be renewed annually upon payment of a. renewal fee of ten dollars ($10.00). A certificate holder who fails to renew the certificate and pay the renewal fee within 30 days of its expiration shall be required to take and pass the examination for certification in order to renew the certificate. "§ 90A-47.5. Suspension; revocation of certificate. (a) The Commission, in accordance with the provisions of Chapter 150B of the General Statutes, may suspend or revoke the certificate of any operator in charge who: (1) Engages in fraud or deceit in obtaining certification. (2) Fails to exercise reasonable care, judgment, or use of the operator's knowledge and ability in the performance of the duties of an operator in charge. (3) Is incompetent or otherwise unable to properly perform the duties of an operator in charge. (b) In addition to revocation of a certificate, the Commission may levy a civil penalty, not to exceed one thousand dollars ($1,000) per violation, for willful violation of the requirements of this Part. "§ 90A-47.6. Rules. The Commission shall adopt rules to implement the provisions of this Part." PART IV. SWINE FARM SITING ACT/REQUIREMENTNOTICE Sec. 7. (a) Article 67 of Chapter 106 of the General Statutes reads as rewritten: "ARTICLE 67. "Swine Farms. "§ 106-800. Title. This Article shall be known as the 'Swine Farm Siting Act'. "§ 106-801. Purpose. The General Assembly finds that certain limitations on the siting of swine houses and lagoons for swine farms can assist in the development of pork production, which contributes to the economic development of the State, by lessening the interference with the use and enjoyment of adjoining property. "§ 106-802. Definitions. As used in this Article, unless the context clearly requires otherwise: (1) -Lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter or other agricultural materials. (3) -Occupied residence' means a dwelling actually inhabited by a person on a continuous basis as exemplified by a person living in his or her home. (4) 'Site evaluation' means an investigation to determine if a site meets all federal and State standards as evidenced by the Waste Management Facility Site Evaluation Report on file with the Soil and Water Conservation District office or a comparable report certified by a professional engineer or a comparable rdport'certified by 7 of 12 08/07/96 15:05:09 Current Text of Senate Bill 1217 ....ncga,cnidr.org/.htmVhtmlbills/senate/ratified/sbil1217.current.htmi a technical specialist approved by the North Carolina Soil and Water Conservation Commission. (5) 'Swine farm' means a tract of land devoted to raising 250 or more animals of the porcine species. (6) -Swine house' means a building that shelters porcine animals.on a continuous basis. 115 106-803. Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms. (a) A swine house or a lagoon that is a component of a swine farm shall be located at least 1,500 feet from any occupied residence; at least 2,500 feet from any school, hospital, or church; and at least 500 feet from any property boundary. The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal. (b) A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds. "§ 106-804. Enforcement. (a) Any person owning property directly affected by the siting requirements of G.S. 106-803 pursuant to subsection (b) of this section may bring a civil action against a swine farmer who has violated G.S. 106-803 and may seek any one or more of the following: (1) Injunctive relief. (2) An order enforcing the siting requirements under G.S. 106-803. (3) Damages caused by the violation. (b) A person is directly affected by the siting requirements of G.S. 106-803 only if the person owns: (1) An occupied residence located less than 1,500 feet from a swine house or lagoon in violation of G.S. 166-803. (2) A school, hospital, or church located less than 2,500 feet from a swine house or lagoon in violation of G.S. 106-803. (3) Property whose boundary is located less than 500 feet from a swine house or lagoon in violation of G.S. 106-803. (4) Property on which an occupied residence is- located and whose boundary is less than 50 feet from the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm in violation of G.S. 106-803. (5) Property that abuts a perennial stream or river, or on which a perennial stream or river is located, and that property and that perennial stream or river are less than 50 feet from the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm in violation of G.S. 106-803. (c) If the court determines it is appropriate, the court may award court costs, including reasonable attorneys' fees and expert witnesses' fees, to any party. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security. The court shall determine the amount of the bond or security. (d) Nothing in this section shall restrict any other right that any person may have under any statute or common law to seek injunctive or . other relief. 115 106-805. Written notice of swine farms. Any person who intends to construct a swine farm whose animal waste management system is subject to a permit under Part lA of Article 21 of Chapter 143 of the General Statutes shall, after completing a site evaluation and before the farm site is modified, attempt to notify all adjoining property owners and all property owners who own property located across a public road, street, or highway from the swine farm of that person's intent to construct the swine farm. This notice shall be by certified mail sent to the address on record at the property tax office in the county in which the land is located. The written notice shall include all of the following: (1) The name and address of the person intending to construct a swine farm. 8of12 08/07/96 15:05:G Current Text of Senate Bill 1217 ....ncga.cnidr.org/.htmWhtmlbills/senate/ratified/sbill 217.current.htmi (2) The type of swine farm and the design capacity of the animal waste management system. (3) The name and address of the technical specialist preparing the waste management plan. (4) The address of the local Soil and Water Conservation District office. (5) Information informing the adjoining property owners and the property owners who own property located across a public road, street, or highway from the swine farm that they may submit written comments to the Division of Environmental Management, Department of Environment, Health, and Natural Resources." (b) Subsection (a) of this section does not repeal any rule that does not conflict with the amendments to Article 67 of Chapter 106 of the General Statutes made by subsection (a) of this section. Sec. 8. Section 2 of Chapter 420 of the 1995 Session Laws reads as rewritten: "Sec. 2. This act applies to the construction or enlargement, on or after October 1, 1995, of swine houses, lagoons, and land areas onto which waste is applied from a lagoon that are components of a swine farm. This act does not apply under each of the following circumstances: (1) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to that set forth as the projected population in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources before October 1, 1995. (2) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to the population that the animal waste management system is designed to accommodate as that system is set forth in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources before October 1, 1995, or as that system is set forth in an animal waste management plan approved before October 1, 1995. (3) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population." PART V. AGRICULTURAL COST SHARE PROGRAM Sec. 9. G.S.•143-215.74(b)(5) reads as rewritten: 11(5) Funding may be provided to assist practices including conservation tillage, diversions, filter strips, field borders, critical area plantings, sediment control structures, sod -based rotations, grassed waterways, strip -cropping, terraces, cropland cc :version to permanent vegetation, grade control structures, water control structures, closure of lagoons, emergency spillways, riparian buffers or equivalent controls, odor control best management practices, insect control best management practices, and animal waste management syste=z and application. Funding for animal waste management shall be allocated for practices in river basins such that the funds will have the greatest impact in improving water quality." Sec. 10. G.S. 143-215.74(b)(6) reads as rewritten: 11(6) State funding shall be limited to seventy-five percent (750) of the average cost for each practice with the assisted farmer providing twenty-five percent (25%) of the cost (k '-ch may include in -kind support) with a maximum of seventy-five thousand dollars ($75,000) per year to each applicant." Sec. 11. (a) The Division of Soil and rater Conservation of the Department of Environment, Health, and Natural Resources, the Cooperative Extension Service of North Carolina State University, and the North Carolina Department of Agriculture shall prepare a c--ordinated and comprehensive plan that includes use of existing resources at the local level for nonpoint source pollution prevention and control. The plan shall include mechanisms to be utilized that enhance corm .ication, and provide information, technical assistance, and environmental education. The plan shall also include the following: (1) Designate the Division of Soil and water Conservation of the Department of Environment, Health, and Natural Resources as the lead agency with a defined line of authc:ity for 9 of 12 08/07/96 15.05:05 Current Text of Senate Bill 1217 ....ncga.cnidr.org/.htmllhtmlbills/senate/ratified/sbiI I217.current.html agricultural activities affected by the nonpoint source pollution prevention/control plan. (2) Identify the needs of agricultural crop and livestock operations and the services provided by the various groups. (3) Develop a strategic plan for interaction and communication with farmers and livestock operations concerning implementation of agricultural best management practices including nutrient management plans and site -specific nutrient reduction efforts. (b) The Commissioner of Agriculture, the Secretary of Environment, Health, and Natural Resources, and the Director of the Cooperative Extension Service shall report their comprehensive plan to the Senate Select Committee on River Water Quality and Fish Kills and the Environmental Review Commission by September 30, 1996. Sec. 12. The Environmental Review Commission shall evaluate the animal waste permitting, inspection, and enforcement program established under Section 1 of this act including, whether to transfer responsibility for permitting, compliance inspections, and enforcement to the Division of Soil and Water Conservation. The Commission may report its findings and recommendations to the General Assembly on or before the first,day of the 1997 Regular Session and shall report its findings and recommendations on or before the first day of the 1998 Regular Session. Sec. 13. Part 9A of Article 21 of Chapter 143 of the General Statutes is repealed effective January 1, 1997. A person certified under Part 9A of Article 21 of Chapter 143 of the General Statutes shall be certified as an animal waste management system operator by the Water Pollution Control System Operators Certification Commission without additional preexamination training, examination, or payment of an initial certification fee. A person certified under Part 9A of Article 21 of Chapter 143 of the General Statutes shall complete approved additional training and pay the annual renewal fee in order to maintain certification. Sec. 14.- (a) All operators of animal waste management systems, as defined in G.S. 143-215.1OB, as enacted by Section 1'of this act, shall register.with their local Soil and Water Conservation District office and initiate the process to obtain an approved animal waste management plan pursuant to 15A N.C.A.C. 2H.0217. Operators who initiate the process of obtaining an approved animal waste management plan before 1 September 1996 shall receive priority for inclusion in the Nonpoint Source Pollution Control Program pursuant to G.S. 143-215.74, et seq., including priority for technical assistance and State funding. (b) The Environmental Management Commission may enter into a special agreement with an operator who registers by 1 September 1996 under subsection (a) of this section and who makes a good faith effort to obtain an approved animal waste management plan by 31 December 1997. The special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the Environmental Management Commission shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. (c) The Environmental Management Commission shall strictly enforce the penalties available against those operators who fail to comply with subsection (a) of this section or otherwise fail to make a good faith effort to obtain an approved animal waste management plan by 31 December 1997. (d) The board of each Soil and Water Conservation District shall develop a strategy to assist operators of animal waste management systems in its district to obtain approved animal waste management plans by 31 December 1997. Sec. 15. The Environmental Management Commission shall develop a definition for the term "chronic rainfall". The Commission shall review the meaning of "no discharge of pollutants" as used in the: definition of "animal waste management system" in its animal waste management rules to determine whether this phrase constitutes a no discharge requirement and whether this phrase creates a performance standard or a technology standard. The Commission shall clarify the meaning of "no discharge" such that the no discharge requirement for animal waste management systems is economically practical and technologically achieveable. The Commission shall complete the 10 of 12 08/07/96 15:05:10 Current Text of Senate Bill 1217 ...ncga.cnidr.org/.html/htmlbills/senate/ratified/sbil l2l 7.current.htm requirements of this section by 1 October 1996. Sec. 16. No later than September 1, 1996, the Soil and Water Conservation Commission shall specify odor control best management practices, insect control best management practices, and best management practices for riparian buffers or equivalent controls consistent with the provisions of G.S. 143-215.1OC(e)(1), (2), and (4), as enacted by Section 1 of this act. Sec. 17. No later than October 1, 1996, the Environmental Management Commission and the Soil and Water Conservation Commission, with technical assistance from the Cooperative Extension Service, shall establish the record -keeping requirements under G.S. 143-215.1C(e)(8), as enacted by Section 2 of this act. The Natural Resources Conservation Service is encouraged to cooperate fully with establishing these requirements.' - Sec. 18. (a) -An interagency group is created to: (1) Address questions from technical specialists and provide uniform interpretations to technical specialists regarding the requirements of the animal waste management rules. (2) Publish its decisions on these questions on a regular and recurring basis. (3) Provide uniform strategies for operators of intensive livestock operations to meet the December 31, 1997, deadline to obtain an approved animal waste management plan. (4) . Develop, no later than August 1, 1996, a standard for the use of riparian buffers or equivalent controls as best management practices, particularly along perennial streams; decide whether a uniform State standard, a uniform basinwide standard,'or a site -specific standard best protects water quality; and submit the standard that thegroup decides upon to the Soil and Water Conservation Commission for adoption in developing best management practices for riparian buffers and equivalent controls under Section 6 of this act. (b) The interagency group shall consist of two representatives from each of the following State agencies: the Division of Soil and Water Conservation, Department of Environment, Health, and Natural Resources; the Division of Environmental Management, Department of Environment, Health, and Natural Resources; the Department of Agriculture; and the Cooperative Extension Service. The General Assembly encourages the Natural Resources Conservation Service, United States Department of Agriculture, to provide two representatives from its agency to participate fully as members of the interagency group. The interagency group shall remain in existence until such time after December 31, 1997, that the Secretary of Environment, Health, and Natural Resources determines the interagency group is no longer needed to resolve issues related to certifying animal waste management plans. PART VII. EFFECTIVE DATEMISCELLANEOUS PROVISIONS Sec. 19. (a) G.S. 143-215.10A, as enacted by Section 1 of this act, is effective upon ratification. (b) G.S. 143-215.10B, as enacted by Section 1 of this act, is effective upon ratification. (c)(1) G.S. 143-215.1OC, as enacted by Section 1 of this act, becomes effective January 1, 1997. In order to ensure an orderly and cost-effective phase -in of the permit program,. the Department of Environment, Health, and Natural Resources shall issue permits for animal operations over a five-year period. The Department shall issue permits for approximately twenty percent (20a) of the animal waste management facilities that are in operation on January 1, 1997, during each of the five calendar years beginning January 1, 1997, and shall give priority to those animal waste management systems serving the largest animal operations. An animal waste management system that is deemed permitted by rule on January 1, 1997, under 15A N.C.A.C. 2H.0217 may continue to operate on a deemed permitted basis as provided in subsection (b) of this section. (2) In accordance with its phase -in schedule, the Department shall notify each owner or operator of an animal waste management system that is deemed permitted of the date by which an application for a permit for that animal waste management system shall be submitted by certified mail. An owner or operator of an animal waste management system who fails to submit an application for a permit by the date specified by the Department shall not operate the animal waste 11 of 12 oanniGF i s ns 10 Current Text of Senate Bill 1217 ...ncga.cnidr.org/.html/htmlbills/senate/ratified/sbil1217.current. hti; management system after that date. An animal waste management system that is authorized to continue operation under this section and for which a timely application for a permit is submitted may continue to operate on a deemed permitted basis until the Department either issues a permit or notifies the owner or operator that the application for a permit is denied. An animal -waste management system that is deemed permitted shall be subject to the annual operational review and annual inspection requirements as though it were permitted. (3) The Department shall act on an application for a permit for a new facility or for the expansion of an existing facility within 90 days after the Department receives the application. (4) Notwithstanding G.S. 143-215.1OC (a) through (d), a dry litter animal waste management system involving 30,000 or more birds shall continue to operate on a deemed permitted basis by rule under 15A N.C.A.C. 2H.0217 and shall comply with the animal waste management plan testing and record -keeping requirements by January 1, 1998. (d) G.S. 143-215.10D, as enacted by Section 1 of this act, becomes effective*September 1, 1996. (e) G.S. 143-215.10E, as enacted by Section 1 of this act, is effective upon ratification. (f) G.S. 143-215.1OF, as enacted by Section 1 of this act, becomes effective January 1, 1997. (g) G.S. 143-215.1OG, as enacted by Section 1 of this act, becomes effective January 1, 1997. Sec. 20. Section 2 of this act becomes effective January 1, 1997. Sec. 21. Sections 3 and 4 of this act are effective upon ratification and apply to violations that occur on or after that date. Sec. 22. Section 5 of this act becomes effective October 1, 1996. In order to maintain staggered terms on the Water Pollution Control System Operator Certification Commission, -of the two new members added to the Commission by Section 5 of this act, the initial term of one appointee shall expire on 30 June 1998 and the initial term of the other appointee shall expire on 30 June 1999. Sec. 23. Section 6 of this act is effective upon ratification, except that G.S 90A-47.2(a), as enacted by subsection (b) of Section 6 of this act, becomes effective January 1, 1997. Sec. 24. Sections 7 and 8 of this act are effective upon ratification, except that the change"'from 100 to 500 feet made in G.S. 106-803(a) by Section 7 of this act does not apply to a swine farm for which a site evaluation was conducted prior to October 1, 1996. Sec. 25. This act constitutes a recent act of the General Assembly within the meaning of G.S. ISOB-21.1. The Environmental Management Commission, the Soil and Water Conservation Commission, and the Water Pollution Control System Operators Certification Commission, may adopt temporary rules to implement this act. Sec. 26. Sections 9 through 26 of this act are effective upon ratification. In the General Assembly read three times and ratified this the 21st day of June, 1996. Dennis A. Wicker President of the Senate Harold J. Brubaker Speaker of the House of Representatives 12 of 12 0 7iCo 1_.05. 1 AGENCIES COOiRDINA'I-ING STORM PREPAREDNESS NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT State Office: Division of Coastal Management Department of Environment, Health, and Natural Resources ' P.O. Box 27687 Raleigh, North Carolina 27611 (919)733-2293 Field Office: Division of Coastal Management Department of Environment, Health, and Natural Resources 1424 Carolina Avenue Washington, North Carolina 27889 (919)946-6481 NORTH CAROLINA DIVISION OF EMERGENCY MANAGEMENT State Office: Division of Emergency Management Department of Crime Control and PUblic Safety 116 West Jones Street Raleigh, North Carolina 27611 (919)733-3867 Regional Office: Area Emergency Management Coordinator NC Division of Emergency Management P.O. Box 424 Winton, North Carolina 27986 (919)358-1621 FEDERAL EMERGENCY MANAGEMENT AGENCY National Office: Federal Emergency Management Agency 500 C Street, SW Washington, DC 20472 Public Information: (202)287-0300 Publications: (202)287-0689 Regional Office: Federal Emergency Management Agency Region IV 1375 Peachtree Street, NE Atlanta, Georgia 30309 Public Information: (404)881-2000 Disaster Assistance Program: (404)881-3641 Flood Insurance Program: (404)881-2391 __ HERTFORD COUNTY HIGHWAY PROGRAM TOTAL PRIOR WORK TYPE SCHEDULE ROUTE/CITY ID NO. LOCATION AND DESCRIPTION LENGTH COST FEDERAL FISCAL YEAR EST. COST (KM) COST (THOU) (THOU) (THOU) 97 98 99 00 01 02 03 NC 11 R-2900 NC 903 TO US 13 BYPASS NORTH OF AHOSKIE. 29.0 71400 IDENTIFIED FUTURE NEED WIDEN ROADWAY TO FOUR LANE DIVIDED FACILITY. 46.7 D * * US 13 R-2205 * NC 42 TO THE WINTON BYPASS. MULTI -LANE 11.2 65450 800 R(T ) 0 C(T ) 1950500 FACILITY WITH A BYPASS OF AHOSKIE ON NEW 18.0 LOCATION. POST YEAR CONSTRUCTION-36300 US 13 R-2507 * SR 1457 SOUTH OF WINTON TO THE VIRGINIA STATE 17.5 47340 1400 * D R(T ) 540 LINE. WIDEN ROADWAY TO MULTI -LANES. 28.2 POST YEAR ROW AND CONSTRUCTION-45400 US 158 R-2583 * MURFREES90RO BYPASS TO US 13 WEST OF WINTON. 8.3 15000 IDENTIFIED FUTURE NEED WIDEN ROADWAY TO A MULTILANE FACILITY. 13.4 N US 13-NC 42 B-3192 AHOSKIE CREEK. REPLACE BRIDGE NO. 12 - 1100 R(FA ) 100 RIGHT OF WAY - FFY 98 C(FA ) 1000 CONSTRUCTION - FFY 99 AHOSKIE CREEK OVERFLOW. REPLACE BRIDGE N0. 25 NC 45 B-1231 WICCACON RIVER. REPLACE BRIDGE NO. 23 - 2000 2000 C(FA ) UNDER CONSTRUCTION - SR 1301 B-3347 KIRBYS CREEK. REPLACE BRIDGE NO. 15 - 275 C(POC) 275 CONSTRUCTION - FFY 01 SR 1351 SR 1432 B-2838 CHINKAPIN CREEK. REPLACE BRIDGE NO. 49 - 562 110 R(NFA) 27 RIGHT OF WAY - FFY 97 C(NFA) 425 CONSTRUCTION - FFY 98 SR 1101 W-3410 SR 1101 (MAIN STREET) TO MYERS STREET. WIDEN 0.3 335 335 C(HES) UNDER CONSTRUCTION (CATHERINE CREEK ROADWAY TO THIRTY-SEVEN FOOT CURB AND GUTTER 0.5 ROAD) FACILITY TO PROVIDE A COMMON LEFT TURN LANE. * INDICATES INTRASTATE PROJECT ALL SCHEDULES SUBJECT TO AVAILABILITY OF FUNDS 03010201220010 03010201220020 YNiTLEY BRANCH—f AN RIVER 030102041D0010 03DID203020010 L+ErERRN RIVER BUC*M CFW CWWAN RMER , 1� 03010403030020 C sucta+oAra CREEW*_CHOWAN RIVER) 14 D 1.• 1 i-t 03010204100030 (I " o 1 U o z( �O>020„8002 WERIAAN CFM RIVER �/ t, l� (TA'Yk AILP I 1►,.� 030.10204210030 030102042=40. . ` •-. POTECASI. POTECASI CREEK LCHERMN. RMER ..� 03010203030030 CR PADWS OELDff CREEK .. DEEP DEEP CREDO ' CHOWAN RNER 030D204200010 � 03010203060040 WICCACON RIVER (HOOCARD SWAW / CUTAWNSKE SWAW HORSE SWALP BEAR SWALF 0301020309 ' DEEP SWAW OF c CHOINAN RIVER i 0300203050030 AHE CREEK 030ID203060030 �� AHDSW CREEK CHNKAPN CREEK o3af02o309 L... - - - - - - - - - - - - - 030ID203060012 CHNKAPN SWAAP