HomeMy WebLinkAbout20130477 Ver 3_Memo Attachment_2016011915A NCAC 02B .0250 RANDLEMAN LAKE WATER SUPPLY WATERSHED: PROTECTION AND
MAINTENANCE OF EXISTING RIPARIAN BUFFERS
Protection of the pollutant removal and other water quality services provided by riparian buffers throughout the watershed is
an important element of the overall Randleman water supply pollutant strategy. The following is the management strategy for
maintaining and protecting riparian areas in the Randleman Lake watershed:
(1) PURPOSE. The purposes of this Rule shall be far the local governments listed in this Rule, and in certain
cases stated in this Rule the Division, to protect and preserve existing riparian buffers throughout the
Randleman Lake watershed as generally described in this Rule, in order to maintaintheirnutrientremoval
and stream protection functions. Additionally this Rule will help protect the water supply uses of
Randleman Lake and of designated water supplies throughout the Randleman Lake water supply
watershed. Local governments with jurisdictions in Randleman Lake watershed shall establishprograms
to meet or exceed the minimum requirements of this Rule. However, the Division shall assume
responsibility for applying the requirements of this Rule to activities listed in Item (3) of this Rule. The
requirements of this Rule shall supersede all buffer requirements stated in Rules 15A NCAC 02B .0214
through .0216 as applied to WS-II, WS-III, and WS-IV waters in the Randleman Lake watershed. Parties
subject to this Rule may choose to implement more stringent rules, including the one-hundred footbuffer
requirement set out in Sub-item (3)(b)(i) of Rules 15A NCAC 02B .0214 through .0216 for high-density
developments.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Access Trails' means pedestrian trails constructed of pervious or impervious surfaces, and
related structures to access a surface water including (but not limited to) boardwalks, steps,
rails, signage;
(b) 'Archaeological Activities' means activities conducted by a Registered Professional
Archaeologist (RPA);
(c) 'Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy
or otherwise fall within the scope of one or more of the definition or uses of the words or
phrases 'air navigation facility', 'airport', or'airport protection privileges' under G.S. 63-1; the
defmition of'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in
G.S. 159-48(b)(1); the phrase'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-
97; and the phrase 'airport facilities and improvements' as used in Article V, Section 13, of the
North Carolina Constitution. Airport facilities shall include without limitation, any and all of
the following: airports, airport maintenance facilities, clear zones, drainage ditches, fields,
hangars, landing lighting, airport and airport-related offices, parking facilities, related
navigational and signal systems, runways, stormwater outfalls, terminals, terminal shops, and all
appurtenant areas used or suitable for airport buildings or other airport facilities, and all
appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons,
marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or
constituting an advantage or convenience to the safe taking off, navigation, and landing of
aircraft, ar the safe and efficient operation or maintenance of an airport or restricted landing
area; easements through, or interests in, air space over land or water, interests in airporthazards
outside the boundaries of airports or restricted landing areas, and other protection privileges, the
acquisition or control of which is necessary to ensure safe approaches to the landing areas of
airports and restricted landing areas, and the safe and efficient operation thereof and any
combination of any or all of such facilities. Notwithstanding the foregoing, the following shall
not be included in the defmition of'airport facilities':
(i) Satellite parking facilities;
(ii) Retail and commercial development outside of the terminal area, such as rental car
facilities; and
(iii) Other secondary development, such as hotels, industrial facilities, free-standing offices
and other similar buildings, so long as these facilities are not directly associated with
the operation of the airport, and are not operated by a unit of government or special
governmental entity such as an airport authority;
(d) 'Channel' means a natural water-carrying trough cut vertically into low areas of the land surface
by erosive action of concentrated flowing water or a ditch or canal excavated far the flow of
water;
(e) 'DBH' means diameter at breast height of a tree measured at 4.5 feet above ground surface level;
( fl Ditch means a man-made, open drainage way in or into which excess surface water or
groundwater from land, stormwater runoff, or floodwaters flow either continuously or
intermittently;
(g) 'Ephemeral stream' means a feature that carries stormwater in direct response to precipitation
with water flowing only during and shortly after large precipitation events. An ephemeral
stream may or may not have a well-defined channel, the aquatic bed is always above the water
table, and stormwater runoff is the primary source of water. An ephemeral stream typically
lacks the biological, hydrological, and physical characteristics commonly associated with the
continuous or intermittent conveyance of water;
(h) 'Forest plantation' means an area ofplanted trees that may be conifers (pines) or hardwoods. On
a plantation, the intended crop trees are planted rather than naturally regenerated from seed on
the site, coppice (sprouting), or seed that is blown or carried into the site;
(i) 'Greenway ! Hilcing Trails' means pedestrian trails constructed of pervious and impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, and signage,
and that generally run parallel to the surface water;
(j) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species,
14 inch DBH or greater or 18 inch or greater stump diameter; and, for hardwoods and wetland
species, 16 inch DBH or greater or 24 inch or greater stump diameter;
(k) 'Intermittent stream' means a well-defined channel that contains a continuous flow of water for
only part of the year, typically during winter and spring when the aquatic bed is below the water
table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream
often lacks the biological and hydrological characteristics commonly associated with the
continuous conveyance of water;
(1) 'Modified natural stream' means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic
alterations in the immediate watershed. A modified natural stream must have the typical
biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water;
(m) 'Perennial stream' means a well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water;
(n) 'Perennial waterbody' means a natural or man-made watershed that stores surface water
permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds,
sounds, non-stream estuaries and ocean. Far the purpose ofthe State's riparianbufferprotection
program, the waterbody must be part of a natural drainage way (i.e., connected by surface flow
to a stream);
(o) 'Shoreline stabilization' is the in-place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock vanes)
may be considered as part of a restoration design. However, stabilization techniques that consist
primarily of "hard" engineering, such as concrete lined channels, rip rap, or gabions, while
providing bank stabilization, shall not be considered stream restoration;
(p) 'Stream restoration' is defined as the process of converting an unstable, altered or degraded
stream carridor, including adjacent riparian zone and flood-prone areas to its natural or
referenced, stable conditions considering recent and future watershed conditions. This process
also includes restoring the geomorphic dimension, pattern, and profile as well as biological and
chemical integrity, including transport of water and sediment produced by the stream's
watershed in order to achieve dynamic equilibrium. 'Referenced' or'referenced reach' means a
stable stream that is in dynamic equilibrium with its valley and contributing watershed. A
reference reach can be used to develop natural channel design criteria for stream restoration
projects. 'Stream' means a body of concentrated flowing water in a natural low area or natural
channel on the land surface;
(3)
(4)
(� 'Stump diameter' means the diameter of a tree measured at six inches above the ground surface
level;
(r) 'Surface waters' means all waters of the state as defined in G.S. 143-212 except underground
waters and wetlands;
(s) 'Temporary road' means a road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures such as bridges, culverts or pipes or water dependent
structures, ar to maintain public traffic during construction; and
(t) 'Tree' means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
exceeding six inches.
APPLICABILITY. This Rule shall apply to all local governments with jurisdictions in the Randleman
Lake watershed. Local governments shall develop riparian buffer protection programs for approval by the
Division incorporating the minimum standards set out throughout this Rule and shall apply the
requirements of this Rule throughout their jurisdictions within the Randleman watershed except where the
Division shall exercise jurisdiction. Far the following types of buffer activities in the Randleman
watershed, wherever local governments are referenced in this Rule, the Division shall implement
applicable requirements to the exclusion of local governments:
(a) Activities conducted under authority of the State;
(b) Activities conducted under the authority of the United States;
(c) Activities conducted under the authority of multiple jurisdictions;
(d) Activities conducted under the authority of local units of government
(e) Forest harvesting activities described in Item 16 of this Rule; and
( fl Agricultural activities.
REQUIREMENTS. The following minimum criteria shall be used for identifying regulated buffers. All
local governments subject to this Rule shall develop riparian buffer protection programs and ordinances
for approval by the Commission, incorporating the minimum standards contained in Rule. This Rule shall
apply to 50 foot wide riparian buffers directly adjacent to surface waters in the Randleman watershed
(intermittent and perennial streams, lakes, reservoirs, and ponds) excluding wetlands. Wetlands adjacent
to surface waters or within 50 feet of surface waters, shall be considered as part of the riparian buffer but
are regulated pursuant to 15A NCAC 02H. 0506.
(a) Surface waters shall be subject to this Rule if the feature is approximately shown on any of the
following references, or if there is other site specific evidence that indicates to the Division or
local government the presence of waters not shown on any of these maps:
(i) The most recent version of the United States Geological Survey 124,000 scale (7.5
minute quadrangle) topographic maps;
(ii) The most recent version of the hardcopy soil survey maps developed by USDA-
Natural Resource Conservation Service; or
(iii) A map approved by the Geographic Information Coordinating Council and by the
Commission. Priar to approving a map under this sub-division the Commission shall
provide a 30-day public notice and opportunity for comment;
(b) Where the specific origination point of an intermittent or perennial stream is in question, parties
subj ect to this Rule shall use the Division publication, Ident f cation Methods for the Origins of
Intermittent and Perennial Streams, v 31 Febr uary 28, 2005 available at:
http:!lportal.ncdenr.orglweblwqlswplwsl401lwaterresourceslstreamdeterminations to
establish that point
(c) Local governments may develop stream netwark maps far the watershed based on maps
referenced in Sub-Item (4)(a) of this Rule or criteria identified in Sub-Item (4)(b) and of this
Rule. These maps shall be submitted to the Director for review to establish thatproper methods
were used by any local government wishing to use such maps for implementation of riparian
area protection. The local map must be at least as accurate as the map identified in Sub-Items
(4)(a)(i) and (4)(a)(ii) and must use the stream identification manual as referenced in Item
(4)(b) of this Rule. Riparian areas shall be protected and maintained in accordance with this
Rule on all sides of surface waters in the Randleman Lake watershed as delineated on these
approved stream network maps;
(d) Personnel from delegated local governments that are assigned to perform stream determinations,
shall successfully complete the Division's Surface Water ldentification Training and
Certification Class within three years of the effective revision date of this Rule. A delegated
local government shall retain personnel on staffwho have successfully completed the Division's
class at all times with the exception of staff vacancies and class scheduling problems. At any
time that a local government does not have a certified individual retained on staff they shall
notify the Division and indicate a proposed schedule to secure a certified staff member;
(e) All local governments that have land use authority within the Randleman Lake water supply
watershed shall adopt and enforce this Rule through local water supply and other local
ordinances. Ordinances shall require that all riparian protection areas are recorded on new or
modified plats. No new clearing, grading, or development shall take place and no new building
permits shall be issued in violation of this Rule; and
( fl Parties subject to this Rule shall abide by all State rules and laws regarding waters of the state
including Rules 15A NCAC 02H .0500, 15A NCAC 02H .1300, and Sections 401 and 404 of
the Federal Clean Water Act.
(5) EXEMPTION REQUIREMENTS TO WHEN AN ON-SITE DETERMINATION SHOWS THAT
SURFACE WATERS ARE NOT PRESENT. When a landowner or other affectedparty believes thatthe
maps have inaccurately depicted surface waters, he or she shall consult the delegated local authority.
Upon request, the delegated local authority shall make onsite determinations. Local governments may
also accept the results of site assessments made by other parties who have successfully completed the
Division's Surface Water ldentification Training Certification course and are sanctioned by the Division to
make such determinations. Any disputes over on-site determinations shall be referred to the local Board of
Adjustment or other local appeals process in writing. For projects proposed for state and federal lands,
any disputes shall be referred to the Director in writing. A determination of the Director as to the
accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B.
Surface waters that appear on the maps shall not be subject to this Rule if an on-site determination shows
that they fall into one of the following categories:
(a) Ditches and manmade conveyances, to include manmade stormwater conveyances, other than
modified natural streams, unless the ditch or manmade conveyance delivers untreated
stormwater runoff from an adjacent source directly to an intermittent or perennial stream;
(b) Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the most
recent versions of United States Geological Survey 124,000 scale (7.5 minute quadrangle)
topographic maps, hard-copy soil survey maps or other EMC approved stream maps where no
perennial waterbody, intermittent waterbody, lake, pond or estuary actually exists on the ground;
(c) Ephemeral streams; and
(d) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not
part of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100.
Ponds are part of a natural drainage way when they are hydrologically connected (i.e. the pond is
fed by an intermittent or perennial stream) or when they have a direct discharge point to an
intermittent or perennial stream.
(6) EXEMPTION TO REQUIREMENTS WHEN EXISTING USES ARE PRESENT AND ONGOING.
This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing according
to the following:
(a) A use shall be considered existing and ongoing if it was present within the riparian buffer as of
the effective date of the local ordinance or local ordinances enforcing this Rule and has
continued to exist since that time. For state and federal entities, a use shall be considered
existing and ongoing if it was present within the riparian buffer as of the effective date of this
Rule and has continued to exist since that time. Existing uses shall include, but not limited to,
agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained
lawns, utility lines and on-site sanitary sewage systems any of which involve either specific,
periodic management of vegetation or displacement of vegetation by structures or regular
activity. Only the portion of the riparian buffer that contains the footprint of the existing use is
exempt from this Rule. Change of ownership through purchase or inheritance is not a change of
use. Activities necessary to maintain uses are allowed provided that the site remains similarly
vegetated, no impervious surface is added within 50 feet of the surface water where it did not
previously exist as of the effective date of the local ordinance or local ordinances enforcing this
Rule, and existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed
provided that the health of the vegetation in Zone 1 is not compromised, the ground is stabilized
and existing diffuse flow is maintained;
(b) A use shall be considered existing if projects or proposed development are determined by the
local government, ar the Director far the cases involving state or federal entities, to meet at least
one of the following criteria:
(i) Project requires a 401 Certification/404 permit and these were issued priar to the
effective date of the local program enforcing this Rule, and priar to the effective date
of this Rule for Division-administered activities listed in Item (3) of this Rule;
(ii) Projects that require a state permit, such as landfills, NPDES wastewater discharges,
land application of residuals and road construction activities, have begun construction
or are under contract to begin construction and had received all required state permits
and certifications priar to the effective date of the local program implementing this
Rule, and priar to the effective date of this Rule for Division-administered activities
listed in Item (3) of this Rule;
(iii) Projects that are being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger O1 Process (published by the US Army Corps of
Engineers and Federal Highway Administration, 2003) or its immediate successor and
that have reached agreement with DENR on avoidance and minimization by the
effective date of the local program enforcing this Rule, and priar to the effective date
of this Rule for state and federal entities; or
(iv) Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger O1 Process (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Finding of No Significant Impact has been issued for the
project and the project has the written approval of the local government priar to the
effective date of the local program enforcing this Rule, or the written approval of the
Division priar to the effective date of this Rule for state and federal entities: and
(c) This Rule shall apply at the time an existing use is changed to another use. Change of use shall
include, but not limited to the initiation of any activity not defined as existing and ongoing in
either Sub-Item (6)(a) ar(6)(b) of this Rule.
(7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item
(9) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit
of the top of the bank ar the rooted herbaceous vegetation and extend landward a
distance of 30 feet on all sides of the surface water, measured horizontally on a line
perpendicular to a vertical line marking the edge of the top of the bank; and
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall
begin at the most landward limit of the normal water level ar the rooted herbaceous
vegetation and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vertical line marking the edge of the surface water or rooted
herbaceous vegetation: and
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in
Item (9) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health ofthe
vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and
extend landward 20 feet as measured horizontally on a line perpendicular to the surface water.
The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(8) DIFFUSE FLOW REQIJIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse
flow at non-erosive velocities before the runoff enters Zone 2 of the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies; and
(c) No new stormwater conveyances are allowed through the buffers except far those specified in
Item (9) of this Rule addressing stormwater management ponds drainage ditches, roadside
ditches, and stormwater conveyances.
(9) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
potentially allowable, or potentially allowable with mitigation. All uses not designated as exempt,
potentially allowable, or potentially allowable with mitigation are considered prohibited and may not
proceed within the riparian buffer unless a variance is granted pursuant to Item (12) of this Rule. The
requirements for each category are given in Item (10) of this Rule.
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
• Pedestrian access trails that are restricted to the
minimum width practicable and do not exceed 4 feet in X
width of buffer disturbance, and provided that
installation and use does not result in removal of trees as
defined in this Rule and no impervious surface is added
to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of
buffer disturbance, the installation or use results in X
removal of trees as defined in this Rule or impervious
surface is added to the riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150 X
linear feet or one-third of an acre of riparian buffer
• Airport facilities that impact greater than 1501inear feet X
or one-third of an acre of riparian buffer
• Activities necessary to comply with FAA requirements
(e.g. radar uses or landing strips)i X
Archaeological activities:
• In Zones 1 and 2 and are designed, constructed and X
maintained to provide the maximum sediment removal
and erosion protection, to have the least adverse effects
on aquatic life and habitat, and to protect water quality to
the maximum extent practical.
Bridges X
Canoe access provided that installation and use does not
result in removal of trees as defined in the Rule and no X
impervious surface is added to the buffer.
Dam maintenance activities:
• Dam maintenance activities that do not cause additional X
buffer disturbance beyond the footprint of the existing
dam or those covered under a U.S. Army Corps of
Engineers Nationwide Permit
• Dam maintenance activities that do cause additional
buffer disturbance beyond the footprint of the existing X
dam ar those not covered under a U.S. Army Corps of
Engineers Nationwide Permit
Drainage ditches, roadside ditches and stormwater
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
conveyances through riparian buffers:
• New stormwater flows to existing drainage ditches,
roadside ditches, and stormwater conveyances provided X
flows do not alter or result in the need to alter the
conveyance and are managed to minimize the sediment,
nutrients and other pollution that convey to waterbodies
• Realignment of existing roadside drainage ditches
retaining the design dimensions, provided that no X
additional travel lanes are added and the minimum
required roadway typical section is used based on traffic
and safety considerations
• New or altered drainage ditches, roadside ditches and
stormwater outfalls provided that a stormwater
management facility is installed to control nitrogen and X
attenuate flow before the conveyance discharges through
the riparian buffer
• New drainage ditches, roadside ditches and stormwater
conveyances applicable to linear projects that do not X
provide a stormwater management facility due to
topography constraints provided that other practicable
BMPs are employed
Drainage of a pond in a natural drainage way provided that X
a new riparian buffer that meets the requirements of Items
(7) and (8) of this Rule is established adjacent to the new
channel.
Driveway crossings of streams and other surface waters
subject to this Rule:
• Driveway crossings on single family residential lots that X
disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
• Driveway crossings on single family residential lots that X
disturb greater than 251inear feet or 2,500 square feet of
riparian buffer
• In a subdivision that cumulatively disturb equal to ar X
less than 150 linear feet or one-third of an acre of
riparian buffer
• In a subdivision that cumulatively disturb greater than X
1501inear feet or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or other
surface waters subject to this Rule X
Fences:
• Fences provided that disturbance is minimized and X
installation does not result in removal of trees as defined
in this Rule
• Fences provided that disturbance is minimized and
installation results in removal of trees as defined in this X
Rule
Forest harvesting - see Item (16) of this Rule
Fertilizer Application:
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
One-time fertilizer application to establish vegetation X
Grading and revegetation in Zone 2 provided that diffuse X
flow and the health of existing vegetation in Zone 1 is not
compromised and disturbed areas are revegetated with
native vegetation
Greenway ! hiking trails:
Designed, constructed and maintained to provide the
maximum nutrient removal and erosion protection, to have
the least adverse effects on aquatic life and habitat, and to
protect water quality to the maximum extent practicaL X
Historic preservation:
Designed, constructed and maintained to provide the
maximum nutrient removal and erosion protection, to have X
the least adverse effects on aquatic life and habitat, and to
protect water quality to the maximum extent practical
Maintenance access of modified natural streams: a grassed
travel way on one side of the water body when less X
impacting alternatives are not practicaL The width and
specifications of the travel way shall be only that needed
for equipment access and operation. The travel way shall
be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act X
provided that new riparian buffers that meet the
requirements of Items (7) and (8) of this Rule are
established adjacent to the relocated channels
• Mining activities that are not covered by the Mining Act
or where new riparian buffers that meet the requirements X
or Items (7) and (8) of this Rule are not established
adjacent to the relocated channels
• Wastewater or mining dewatering wells with approved X
NPDES permit
Playground equipment:
• Playground equipment on single family lots provided X
that installation and use does not result in removal of
vegetation
• Playground equipment installed on lands other than
single-family lots ar that requires removal of vegetation X
Ponds in natural drainage ways, excluding dry ponds:
• New ponds provided that a riparian buffer that meets the X
requirements of Items (7) &(8) of this Rule is established
adjacent to the pond
• New ponds where a riparian buffer that meets the
requirements of Items (7) &(8) of this Rule is NOT X
established adjacent to the pond
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
Protection of existing structures, facilities and stream banks X
when this requires additional disturbance of the riparian
buffer or the stream channel
Railroad impacts other than crossings of streams and other X
surface waters subject to this Rule.
Railroad crossings of streams and other surface waters
subject to this Rule:
• Railroad crossings that impact equal to or less than 40 X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40linear feet
but equal to or less than 1501inear feet or one-third of an X
acre of riparian buffer
• Railroad crossings that impact greater than 1501inear X
feet or one-third of an acre of riparian buffer
Recreational and accessory structures:
• Total footprint of gazebos and sheds in Zone 2, provided
they are not prohibited under local water supply X
ordinance less than or equal to 150 square feet per lot
• Total footprint gazebos and sheds in Zone 2, provided
they are not prohibited under local water supply
ordinance of more than 150 square feet per lot X
• Wooden-slatted decks (and associated steps) that are at
least 8 feet in height and vegetation is not removed from
Zone 1 far the installation and that it meets the X
requirements of Items (7) and (8) of this Rule
• Wooden-slatted decks (and associated steps) that are not
at least 8 feet in height or vegetation is removed from
Zone 1 far the installation and that it meets the X
requirements of Items (7) and (8) of this Rule
Removal of previous fill or debris provided that diffuse X
flow is maintained and vegetation is restored
Road crossings of streams and other surface waters subject
to this Rule:
• Road crossings that impact equal to or less than 40 X
linear feet of riparian buffer
• Road crossings that impact greater than 401inear feet
but equal to or less than 1501inear feet or one-third of an X
acre of riparian buffer
• Road crossings that impact greater than 1501inear feet X
or one-third of an acre of riparian buffer
Road impacts other than crossings of streams and other X
surface waters subject to this Rule
Road relocation of existing private access roads associated
with public road projects where necessary for public safety:
• Less than or equal to 2,500 square feet of buffer impact
• Greater than 2,500 square feet of buffer impact
X
X
Stormwater BMPs:
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
• Wet detention, bioretention, and constructed wetlands in X
Zone 2 if diffuse flow of discharge is provided into Zone
1
• Wet detention, bioretention, and constructed wetlands in X
Zone 1
Scientific studies and stream gauging:
• In Zones 1 and 2 if they are designed, constructed and X
maintained to protect water quality to the maximum
extent practical.
Streambank or shoreline stabilization X
Temporary roads provided that the disturbed area is
restored to pre-construction topographic and hydrologic
conditions immediately after construction is complete and
replanted immediately with comparable vegetation, except
that the tree planting may occur during the dormant season.
A one time application of fertilizer may be utilized to
establish vegetation. At the end of five years the restored
buffer shall comply with the restoration criteria in Item (9)
of Rule 15A NCAC 02B .0252:
• Less than or equal to 2,500 square feet of buffer X
disturbance
• Greater than 2,500 square feet of buffer disturbance X
• Associated with culvert installation, bridge construction X
or replacement
Temporary sediment and erosion control devices provided
that the disturbed area is restored to pre-construction
topographic and hydrologic conditions immediately after
construction is complete and replanted immediately with
comparable vegetation, except that tree planting may occur
during the dormant season. A one-time application of
fertilizer may be used to establish vegetation. At the end of
five years the restored buffer shall comply with the
restoration criteria in Item (9) of Rule 15A NCAC 02B
.0252:
• In Zone 2 only provided ground cover is established X
within the timeframes required by the Sedimentation and
Erosion Control Act and that the vegetation in Zone 1 is
not compromised and that discharge is released as
diffuse flow in accordance with Item (8) of this Rule
• In Zones 1 and 2 to control impacts associated withuses
approved by the local government ar that have received X
a variance provided that sediment and erosion control
for upland areas is addressed to the maximum extent
practical outside the buffer
• In-stream temporary erosion and sediment control
measures for wark within a stream channel that is X
authorized under Section 401 and 404 of the Federal
Water Pollution Control Act
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
• In-stream temporary erosion and sediment control
measures for authorized work within a stream channel X
Utility- Non-electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 X
only4, s
• Impacts other than perpendicular crossings in Zone 1 X
only4, s
Utility-Non-electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule4, s:
• Perpendicular crossings that disturb equal to or less than X
40 linear feet of riparian buffer with a maintenance
carridor equal to or less than 10 feet in width
• Perpendicular crossings that disturb equal to or less than
40 linear feet of riparian buffer with a maintenance
corridor greater than 10 feet in width X
• Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance carridor equal to ar X
less than 10 feet in width
• Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of X
riparian buffer with a maintenance carridor greater than
10 feet in width
• Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer X
Utility-Overhead electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 X
only4, s
• Impacts other than perpendicular crossings in Zone 1 X
2,3,4, 5
Utility-Overhead electric utility line perpendicular
crossings of streams and other surface waters subject to
t�LlS RU10 2, 3,4, 5:
• Perpendicular crossings that disturb equal to or less than
1501inear feet of riparian buffer X
• Perpendicular crossings that disturb greater than 150 X
linear feet of riparian buffer
Utility-Underground electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 X
only� X
• Impacts other than perpendicular crossings in Zone 11�4
Utility-Underground electric utility line perpendicular
crossings of streams and other surface waters subject to
this Rule:
• Perpendicular crossings that disturb less than or equal to
401inear feet of riparian buffer3, 4, s X
• Perpendicular crossings that disturb greater than 40
Use Exempt Potentially Potentially
Allowable Allowable
with
Mitigation
linear feet of riparian buffer3, 4, s X
Vegetation management:
• Emergency fire control measures provided that X
topography is restored
• Periodic mowing and harvesting of plant products in X
Zone 2 only
• Planting vegetation to enhance the riparian buffer X
• Pruning forest vegetation provided that the health and X
function of the forest vegetation is not compromised
• Removal of individual trees which are in danger of
causing damage to dwellings, other structures or human X
life
• Removal of individual trees that are dead, diseased ar X
damaged.
• Removal of poison ivy X
• Removal of understory nuisance vegetation as defined X
in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
Environment and Natural Resources. Division ofParks and
Recreation. Raleigh, NC. Guideline #30
Vehicle access to water dependent structures
• Vehicular access roads leading to water dependent X
structures as defined in 15A NCAC 02B .0202,
provided they do not cross the surface water and have a
minimum practicable width not exceeding ten feet
Water dependent structures as defined in 15A NCAC 02B
.0202 X
Water supply reservoirs:
• New reservoirs provided that a riparian buffer that meets X
the requirements of Items (7) and (8) of this Rule is
established adjacent to the reservoir
• New reservoirs where a riparian buffer that meets the
requirements of Items (7) and (8) of this Rule is not X
established adjacent to the reservoir
Water wells
• Single family water wells X
X
• All water wells other than single family water wells
Wetland stream and buffer restoration
• Wetland, stream and buffer restoration that requires X
DWQ approval far the use of a 401 Water Quality
Certification
• Wetland, stream and buffer restoration that does NOT
require DWQ approval far the use of a 401 Water X
Quality Certification
Wildlife passage structures X
i Provided that
• Heavy equipment is not used in Zone 1
• Vegetation is not compromised in the portions of Zone 1 and Zone 2 that are not impacted
• Trees that are cut down are removed by chain
• No permanent felling of trees occurs in the protected buffers or in the streams
• Stump removal is performed only by grinding
• At the completion of the project the disturbed area is stabilized with native vegetation
• Zones 1& 2 meet the requirements of (7) and (8) of this Rule.
Z Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternative evaluation by the local government, ar the Director for
the cases involving activities listed in Item (3) of this Rule.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only
vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles ar towers shall not be installed within 10 feet of a water body unless the local government ar the
Director far the cases involving activities listed in Item (3) of this Rule completes a no practical alternative evaluation as
defined in Item (11) of this Rule.
4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternative evaluation by the local govermnent ar the Director for
the cases involving activities listed in Item (3) of this Rule, as defined in Item (11) of this Rule.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
s Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
(10) REQIJIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, potentially allowable,
and potentially allowable with mitigation in Item (9) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses
shall be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable, including construction, monitoring, and
maintenance activities. In addition, exempt uses shall meet requirements listed in Item (9) of
this Rule far the specific use;
(b) POTENTIALLY ALLOWABLE. Uses designated as potentially allowable require a written
buffer authorization from the local government, or the Director for the cases involving activities
listed in Item (3) of this Rule for impacts within the riparian buffer provided that there are no
practical alternatives to the requested use pursuant to Item (11) of this Rule;
(c) POTENTIALLY ALLOWABLE WITH MITIGATION. Uses designated as potentially
allowable with mitigation require written authorization from the local government, ar the
Director far the cases involving activities listed in Item (3) of this Rule for impacts within the
riparian buffer provided that there are no practical alternatives to the requested use pursuant to
Item (11) of this Rule and an appropriate mitigation strategy has been approvedpursuantto Item
(15) ofthis Rule; and
(d) PROHIBITED. Uses that are not designated in Item (9) of this Rule are considered prohibited
in the riparian buffers.
(11) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a"no practical
alternatives" determination to the local government ar the Director far the cases involving activities listed
in Item (3) of this Rule. The applicant shall certify that the criteria identified in Sub-Item (a) of this Item
are met. The local government, ar the Director far the cases involving activities listed in Item (3) of this
Rule, shall grant an Authorization Certificate upon a"no practical alternatives" determination. The
procedure for making an Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the local government, ar the Director far the
cases involving activities listed in Item (3) of this Rule, shall review the entire project and make
a finding of fact as to whether the following requirements have been met in support of a"no
practical alternatives" determination:
(i) The basic proj ect purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water
quality;
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water
quality; and
(iii) Best management practices shall be used if required to minimize disturbance, preserve
aquatic life and habitat, and protect water quality;
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied
within 60 days of receipt of a complete submission based on the criteria in Sub-Item (a) of this
Item and the local ordinance or ordinances enforcing this Rule by the local government, or the
Director far the cases involving activities listed in Item (3) of this Rule. Failure to issue an
approval or denial within 60 days shall constitute that the applicant has demonstrated "no
practical alternatives." An Authorization Certificate shall be issued to the applicant, unless:
(i) The applicant agrees, in writing, to a longer period; and
(ii) Applicant fails to furnish requested information necessary to the local government's
decision ar the Director's decision far the cases involving activities listed in Item (3) of
this Rule;
(c) The local government, ar the Director far the cases involving activities listed in Item (3) of this
Rule, may attach conditions to the Authorization Certificate that support the purpose, spirit and
intent of the riparian buffer protection program. Complete submissions shall include the
following:
(i) The name, address and phone number of the applicant
(ii) The nature of the activity to be conducted by the applicant
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately delineate the boundaries of the land to be
utilized in carrying out the activity, the location and dimensions of any disturbance in
riparian buffers associated with the activity, and the extent of riparian buffers on the
land;
(v) An explanation of why this plan far the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity: and
(d) Any disputes over determinations regarding Authorization Certificates shall be referred to the
local government's appeals process for a decision, ar to the Director for determinations
involving lands of activities listed in Item (3) of this Rule. The Director's decision is subj ect to
review as provided in G.S. 150B Articles 3 and 4.
(12) VARIANCES. Persons who wish to undertake prohibited uses may pursue a variance. The local
government may grant only minor variances. For major variances, local governments shall prepare
preliminary fmdings and submit them to the Commission for approvaL The variance request procedure
shall be as follows:
(a) There are practical difficulties or unnecessary hardships that prevent compliance with the
riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be
evaluated in accordance with all of the following:
(i) If the applicant complies with the provisions of this Rule, he or she can secure no
reasonable return from, nar make reasonable use of, his or her property. Merely
proving that the variance would permit a greater profit from the properly shall not be
considered adequate justification for a variance. Moreover, the local government, or
the Director far the cases involving activities listed in Item (3) of this Rule, shall
consider whether the variance is the minimum possible deviation from the terms ofthis
Rule that shall make reasonable use of the properly possible;
(ii) The hardship results from application of this Rule to the properly rather than from
other factors such as deed restrictions or other hardship;
(iii) The hardship is due to the physical nature of the applicant's properly, such as its size,
shape, ar topography, and is unique to the applicant's properly rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship
created in the restriction, then granting a variance would be a special privilege denied
to others, and would not promote equal justice; and
(iv) The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
(b) The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit; and
(c) In granting the variance, the public safety and welfare have been assured, water qualityhas been
protected, and substantial justice has been done.
(13) MINOR VARIANCES. A minor variance requestpertains to activities that are proposed to impact only
Zone 2 or any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and
approved based on the criteria in Sub-Item (12)(a) of this Rule by the local government pursuant to G. S.
153A-Article 18, or G. S. 160A-Article 19. The local government may attach conditions to the variance
approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for
appeals to decisions made by the local government shall be made through the local government's appeals
process, ar to the Director for determinations involving activities listed in Item (3) of this Rule. The
Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4.
(14) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to impact any
portion of Zone 1 of the riparian buffer. If the local government, or the Director for the cases involving
activities listed in Item (3) of this Rule, has determined that a major variance request meets the
requirements in Sub-Item (12)(a) of this Rule, then it shall prepare a preliminary fmding and submit it to
the Commission for approval. Within 90 days after receipt by the local government, or the Director for
the cases involving activities listed in Item (3) of this Rule, the Commission shall review preliminary
fmdings on major variance requests. The Commission may choose to approve, approve with conditions,
or deny the major variance.
(15) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet
the following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives° to the proposed use pursuant to Item (11)
of this Rule; and
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0252.
(16) REQIJIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply
for forest harvesting operations and practices:
(a) The following measures shall apply in the entire riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(ii) Access roads and skid trails shall be prohibited except far temporary and permanent
stream crossings established in accordance with 15A NCAC OlI .0203. Temporary
ro�
(c)
stream crossings shall be permanently stabilized after any site disturbing activity is
completed;
(iii) Timber felling shall be directed away from the stream or water body;
(iv) Skidding shall be directed away from the stream or water body and shall be done in a
manner that minimizes soil disturbance and prevents the creation of channels or ruts;
(v) Individual trees may be treated to maintain or improve their health, form or vigor;
(vi) Harvesting of dead or infected trees or other timber cutting techniques necessary to
prevent or control extensive tree pest and disease infestation shall be allowed. These
practices must be approved by the Division of Forest Resources for a specific site
pursuant to 15A NCAC OlI .0100-.0209. The Division of Forest Resources must
notify the local government of all approvals;
(vii) Removal of individual trees that are in danger of causing damage to structures or
human life shall be allowed;
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species;
(ix) High-intensity prescribed burns shall not be allowed;
(x) Application of fertilizer shall not be allowed except as a one-time use thatis necessary
for permanent stabilization; and
(xi) Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be
conducted so that the chemicals are not applied directly to or allowed to drift into the
riparian buffer;
In Zone l, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in
accordance with G. S. 105-2772 through 277.6 or on forest lands thathave aforestmanagement
plan prepared or approved by a registered professional forester. Copies of either the approval of
the deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are permitted far the purpose of selective timber
harvesting where there is no other practical alternative for removal of individual trees
provided activities comply with forest practices guidelines for water quality as defined
in Rule 15A NCAC Oli .0101 through .0209, and provided no equipment shall
operate within the first 10 feet immediately adjacent to the stream except at stream
crossings designed, constructed and maintained in accordance with Rule 15A NCAC
OlI .0203;
(ii) Soil disturbing site preparation activities are not allowed; and
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation: and
In addition to the requirements of (b) in this Item, the following provisions for selective
harvesting shall be met
(i) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined provided
that no trees with exposed primary roots visible in the streambank be cut unless listed
as an exempt activity under Vegetation Management in the Table of Uses (9) of this
Rule.
(ii) In the outer 20 feet of Zone l, a maximum of 50 percent of the trees greater than five
inches DBH may be cut and removed. The reentry time for harvest shall be no more
frequent than every 15 years, except on forest plantations where the reentry time shall
be no more frequent than every five years. In either case, the trees remaining after
harvest shall be as evenly spaced as possible; and
(iii) In Zone 2, harvesting and regeneration of the forest stand shall be allowed in
accordance with 15A NCAC O l i.O 100 through .0209 as enforced by the Division of
Forest Resources.
(17) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) For activities listed in Item (3) of this Rule, the Division shall implement the requirements of
this Rule as of its effective date;
(b) Within six months of the effective revision date of this Rule, local governments shall review,
revise as necessary, and submit a local program including all necessary ordinances to the
Division for review. The local program shall detail local government buffer program
implementation including but not limited to such factors as a method for resolution of disputes
involving Authorization Certificate or variance determinations, a plan for record keeping, and a
plan for enforcement. Local governments shall use the Division's publication, Ident f cation
Methods for the Origins of Intermittent and Perennial Streams, v 31 Febr uary 28, 2005
available athttp:!lportal.ncdenr.orglweblwqlswplwsl401lwaterresourceslstreamdeterminations
to
establish the existence of streams;
(c) Within six months of the Division approval of the revised local ordinance, the local govermnent
shall implement their revised buffer program;
(d) Upon implementation, subject local governments shall submit annual reports to the Division
summarizing their activities in implementing each of the requirements in Item (4) of this Rule;
(e) The Division shall regularly audit local programs to ensure rule implementation; and
( fl If a local government fails to adopt or adequately implement its program as called for in this
Rule, the Division may take appropriate enforcement action as authorized by statute, and may
choose to assume responsibility for implementing that program until such time as it determines
that the local government is prepared to comply with its responsibilities.
(18) Where the standards and management requirements far riparian areas are in conflict with other laws,
regulations, and permits regarding streams, steep slopes, erodible soils, wetlands, floodplains, forest
harvesting, surface mining, land disturbance activities, or other environmental protection areas, the more
restrictive shall apply.
(19) The existing water supply requirement in Rule .0216(3)(b) of this Section that stipulates a 100 foot
vegetated buffer, adjacent to perennial streams, for all new development activities which utilize the high
density option, applies to the entire Randleman Lake watershed. The first 50 feet of these riparian areas
on either side of these waters must also be protected in accordance with all the requirements of this Rule.
(20) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all other federal, state and local regulations and laws.
HistoryNote: AuthorityG.S.143-2141; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Amended Eff. June 1, 2010.