20180141 Ver 1_More Info Requested_20180206

Strickland, Bev
From: Annino, Amy M
Sent: Tuesday, February 06, 2018 10:04 AM
To: '[e-mail]'
Subject: DWR 2018-0141 Burleson - 3092 W. Moonlight Place
Attachments: Catawba Buffer Rules.pdf, Catawba Buffer Fact Sheet FINAL Mar 7 2012.pdf
Mr. Burleson,
In reference to your shoreline stabilization application dated 1-23-18, please provide the following information.
1. Do you plan to re-slope/grade the shoreline before applying riprap? If so, what slope are you proposing?
2. What is the width of the temporary construction access road you are proposing to build to access the shoreline?
The square footage of this area through the 50' Catawba Buffer will be considered a temporary impact. Please
provide dimensions in feet (ex. 00 feet wide x 00 feet long).
3. How many trees (larger than 5 inches) are you proposing be removed for shoreline stabilization project?
I have attached the Catawba Buffer Rules and a fact sheet for your use. Please let me know if I can answer any questions
you may have about the buffer.
Thank you,
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(cancdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-�Nothlngl Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

�oFW^TFgo North Carolina Division of Water Quality ��
Riparian Buffer Rules for the APA
Catawba River and Mainstem Lakes NCDENR
What is a riparian buffer?
A riparian buffer is a strip of
forested or vegetated land
bordering a body of water.
The vegetation and root systems
in a riparian buffer stabilize the
stream bank, preventing soil
from eroding into the water.
Riparian buffers also act as a
filter to remove pollutants.
Preserving riparian buffers is
critical to protecting our water
resources.
Why should we protect
buffers?
Lakes along the mainstem of the
Catawba River are in serious
trouble. Three lakes—Rhodhiss,
Hickory and Wylie—have docu-
mented water quality problems
from excess nutrients (nitrogen
and phosphorous), and others
may follow. Riparian buffers are
one way to protect the Catawba
River and its lakes from stormwa-
ter runoff pollution, particularly
from development activities.
The benefits of riparian buffers are maximized when
there is diffuse flow of stormwater runoff.
What is diffuse flow?
Diffuse flow refers to overland
water flow that is spread out over
the landscape, not concentrated
into a defined channel.
When is diffuse flow
required?
Diffuse flow is required on all
buffered streams, regardless of
property size or type of land use.
It must be achieved before storm
water runoff enters the riparian
buffer from new any ditch or
manmade conveyance.
How is diffuse flow
achieved?
Diffuse flow may be achieved by
installing a level spreader or
other diffuse flow device. Level
spreaders and other devices
must be designed according to
the N.C. Stormwater Best
Management Practices Manual
(http://portal.ncdenr.org/web/wq/
ws/su/bmp-manual).
Benefits of buffers
include:
• Filtering stormwater runoff.
• Providing flood control.
• Stabilizing stream banks.
• Protecting property.
• Adding scenic value to
communities.
• Absorbing excess nutrients.
• Preventing erosion.
• Providing fish and wildlife
Habitat.
• Moderating water temperature.
Where do the Catawba
Buffer Rules apply?
Within 50 feet of all shorelines
along the Catawba River
mainstem below Lake James to
the NC/SC border and all
shorelines of the Catawba
mainstem lakes including, Lake
James, Lake Rhodhiss, Lake
Hickory, Lookout Shoals Lake,
Lake Norman, Mountain Island
Lake and the North Carolina
portion of Lake Wylie.

How are the riparian
buffers measured?
For the Catawba River, the ripar-
ian buffer is measured from the
top of the bank on each side of
the river. For the mainstem lakes,
the riparian buffer is measured
from the full pond level.
The buffer has two zones:
The Catawba Riparian Buffer
rules call for a two -zone buffer as
shown in the diagram. Zone 1
(closest to the shoreline) is an
undisturbed 30 -foot forested
buffer. Zone 2 consists of a 20 -
foot zone of managed vegetation.
What is allowed in the
riparian buffers?
The riparian buffer must remain
undisturbed, regardless of the
property size or type of land use,
unless the use is listed in the
rules as exempt, potentially al-
lowable or potentially allowable
with mitigation.
Refer to the "Table of
Uses" in the rules for
specific activities.
Exempt uses are allowed in the
buffer without approval from
DWQ or local delegated
government.
Allowable uses may occur in the
buffer after written authorization
from the DWQ or delegated local
government.
Buffer Zones on
Straams and Ponds
Exempt uses are listed in the Catawba Buffer Rules "Table of Uses." Before
beginning any other activities, contact DWQ or local delegated government.
Potentially allowable with
mitigation uses may occur in the
riparian buffer only after written
authorization from DWQ or dele-
gated local government that in-
cludes a mitigation strategy.
What is mitigation?
Mitigation is a way of offsetting a
project's environmental impacts
to a buffer. A separate buffer miti-
gation rule establishes require-
ments for activities that are deter-
mined to be "allowable with miti-
gation." Mitigation, which is re -
quired at a 1.5 or 2 to 1 ratio, can
take three forms:
• Restoration or enhancement of
a non -riparian buffer.
• Payment of a compensatory
mitigation fee to a wetlands and
buffer restoration fund.
• Donations of real property.
For all uses not listed in the
"Table of Uses," please contact
the Division of Water Quality
or local delegated government
before beginning any activities
in the riparian buffer.
Please contact the N.C. Division of Water Quality regional office nearest
your property to learn more about the Catawba Buffer Rules,
request an on-site determination or report a violation.
Asheville Regional Office o�aF W ATF�QG Mooresville Regional Office
2090 U.S. 70 Highway 610 East Center Avenue
Swannanoa, NC 28778 Mooresville, NC 28115
828-296-4500 a 704-663-1699
The Catawba Riparian Buffer Rules, forms and applications are available online at:
http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers

appropriate mitigated provisions to the State's riparian buffer protection requirements. The Division may challenge a decision
made by a delegated local authority for a period of 30 days after the Authorization Certificate is issued. If the Division does
not challenge an Authorization Certificate within 30 days of issuance, then the delegated local authority's decision shall stand.
(e) VARIANCES. After receiving delegation, local governments shall review variance requests, provide approvals for minor
variance requests and make recommendations to the Commission for major variance requests pursuant to the State's riparian
buffer protection program.
(f) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission shall have jurisdiction to the exclusion of local
governments to implement the State's riparian buffer protection requirements for the following types of activities:
(1) Activities conducted under the authority of the State;
(2) Activities conducted under the authority of the United States;
(3) Activities conducted under the authority of multiple jurisdictions; and
(4) Activities conducted under the authority of local units of government.
(g) RECORD-KEEPING REQUIREMENTS. Delegated local authorities shall maintain on-site records for a minimum of
five years. Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a
written request for the records. The Division shall inspect local riparian buffer protection programs to ensure that the
programs are being implemented and enforced in keeping with a request approved under Sub -item (b)(2) of this Rule. Each
delegated local authority's records shall include the following:
(1) A copy of variance requests;
(2) The variance request's finding of fact;
(3) The result of the variance proceedings;
(4) A record of complaints and action taken as a result of the complaint;
(5) Records for stream origin calls and stream ratings; and
(6) Copies of request for authorization, records approving authorization and Authorization Certificates.
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998 c. 221;
Eff. August 1, 2000.
15A NCAC 02B.0242 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN
BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998, c. 221;
Temporary Adoption Eff June 22, 1999;
Eff August 1, 2000;
Repealed Eff. October 24, 2014.
15A NCAC 02B.0243 CATAWBA RIVER BASIN: PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers along the Catawba River
mainstem below Lake James and along mainstem lakes from and including Lake James to the North Carolina and South
Carolina border in the Catawba River Basin.
(1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers along the
Catawba River mainstem below Lake James and along mainstem lakes from and including Lake James to
the North Carolina and South Carolina border in the Catawba River Basin in order to maintain their
pollutant removal functions as an aid in protecting the water quality of the lakes and connecting river
segments.
(2) DEFINITIONS. For the purpose of Rules 15A NCAC 02B .0243 and 15A NCAC 02B .0244, 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 boardwalks, steps, rails, signage, etc.
(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 definitions or uses of the words or phrases
"air navigation facility," "airport," or "airport protection privileges" under G.S. 63-1; the

definition 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, ofthe North
Carolina Constitution, which 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, or the safe and efficient
operation or maintenance of an airport or restricted landing area; easements through, or other
interests in, air space over land or water, interests in airport hazards 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 definition 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) "Approved local government" means any government with a riparian buffer ordinance approved
by the Division pursuant to Subparagraph (3)(b) of this Rule.
(e) "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 for the flow of
water.
(f) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
(g) "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.
(h) "Full Pond Level' is a term used by Duke Energy Inc. that refers to the project water level,
referenced to mean sea level, for each of the seven mainstem lakes along the Catawba River. The
landward edge of the lakes at full pond level represents the project boundary for each lake.
(i) "Greenway / Hiking Trails" means pedestrian trails constructed of pervious and impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, signage, etc.
(j) "High Value Tree" means a tree whose stump diameter is equal to or exceeding 18 -inches.
(k) "Mainstem lakes" means the following impoundments created along the mainstem of the Catawba
River: Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain
Island Lake and Lake Wylie (North Carolina portion).
(1) "Riparian buffer enhancement" is defined as the process of converting a non -forested riparian
area, where woody vegetation is sparse (greater than or equal to 100 trees per acre but less than
200 trees per acre) to a forested riparian buffer area. The enhanced, forested riparian buffer area
shall include a minimum of at least two native hardwood tree species planted at a density
sufficient to provide 320 trees per acres at maturity, and diffuse flow through the riparian buffer
shall be maintained.
(m) "Riparian buffer restoration" is defined as the process of converting a non -forested riparian area,
where woody vegetation is absent (less than 100 trees per acre) to a forested riparian buffer area.
The restored, forested riparian buffer area shall include a minimum of at least two native
hardwood tree species planted at a density sufficient to provide 320 trees per acres at maturity,
and diffuse flow through the riparian buffer shall be maintained.

(n) "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.
(o) "Stream restoration" is defined as the process of converting an unstable, altered or degraded
stream corridor, 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.
(p) "Stump diameter" means diameter of a tree measured at six inches above ground surface level.
(q) "Surface water" means all waters of the state as defined in G.S. 143-212 except underground
waters.
(r) "Temporary road" means a road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures or water dependent structures, or to maintain public traffic during
construction.
(s) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
equal to or exceeding six inches.
(3) APPLICABILITY. This Rule shall apply to a 50 -foot wide riparian buffer along the Catawba River
mainstem below Lake James and along the mainstem lakes in the Catawba River Basin, excluding wetlands.
Wetlands within 50 feet of surface waters shall be considered as part of the riparian buffer but are
regulated pursuant to 15A NCAC 02H.0506. The riparian buffers protected by this Rule shall be measured
pursuant to Item (4) of this Rule. Riparian buffers along the Catawba River mainstem below Lake James
and along mainstem lakes shall be subject to this Rule unless one of the following applies.
(a) EXEMPTION 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. Only the portion of
the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this
Rule. The determination of whether a use is existing and ongoing will be made either by the
Division or approved local government; whichever is appropriate according to the administration
of the buffer program. A use is existing and ongoing when it is a completed and maintained
activity, an activity with appropriate valid permits, or an activity with documentation for
unexpired vested rights, as described below:
(i) A use that was present within the riparian buffer as of June 30, 2001 and has continued
to exist since that time. Existing uses shall include agriculture, buildings, industrial
facilities, commercial areas, transportation facilities, maintained lawns, utility lines and
on-site sanitary sewage systems. 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 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.
(ii) A use that can be documented to the Division or the appropriate approved local
government that meets at least one of the following criteria:
(A) Project requires a 401 Certification/404 Permit, these were issued prior to June
30, 2001 and are still valid;
(B) 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 prior to June 30, 2001;
(C) Projects that are being reviewed through the Clean Water Act Section
404/National Environmental Policy Act Merger 01 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 June 30, 2003; and
(D) Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 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 DWQ prior to
June 30, 2001.
(iii) A project that can be documented to the Division or the appropriate approved local
government that has vested rights that were established or recognized for that project
under the common law or by G.S. 153A -344(b), 153A-344.1, 160A -385(b), or 160A-
385.1 prior to July 1, 2001. This Rule does not confer or restrict a vested right
established or recognized under common law or G. S. 153A -344(b), 153A -344.1,160A -
385(b), or 160A-385.1.
(iv) This Rule shall apply at the time an existing use is changed to another use. Change of
use shall include the following:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously either on the ground or in proposed site plans showing the
locations of proposed impervious surfaces for uses defined as existing and
ongoing in Subitem (3)(a)(ii) or Subitem (3)(a)(iii) of this Rule; or
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(b) LOCAL GOVERNMENTS THAT HAVE APPROVED RIPARIAN BUFFER ORDINANCES.
All local governments that have land use authority along the Catawba River mainstem below Lake
James and along mainstem lakes in the Catawba River Basin may adopt local riparian buffer
ordinances to protect water quality. The Division shall approve the local riparian buffer ordinance
within 30 days after receiving the request from local governments, if the Division determines that
the local riparian buffer ordinance provides equal to or greater water quality protection than this
Rule. This Rule shall not apply in any area where a local government has obtained the Division's
approval of the local riparian buffer ordinance, provided that the local government is
implementing and enforcing the approved local riparian buffer ordinance. The Division, upon
determination that the local government is failing to implement or enforce the approved local
buffer ordinance, shall notify the local government in writing of the local program inadequacies.
If the local government has not corrected the deficiencies within 90 days of receipt of written
notification, then the Division shall implement and enforce the provisions of this Rule.
(c) RIPARIAN AREAS AND ACTIVITIES NOT REGULATED UNDER AN APPROVED
LOCAL GOVERNMENT ORDINANCE. The Division shall be responsible for the
implementation of this rule for all riparian areas and activities not regulated under a Division -
approved local government ordinance.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a forested area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For the Catawba River mainstem below Lake James, Zone 1 shall begin at the most
landward limit of the top of the bank 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.
(ii) For the mainstem lakes located on the Catawba River mainstem, Zone 1 shall begin at
the most landward limit of the full pond level and extend landward a distance of 30 feet,
measured horizontally on a line perpendicular to a vertical line marking the edge of the
full pond level.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in
Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the
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 a vertical line

marking the outer edge of Zone 1. The combined width of Zones 1 and 2 shall be 50 feet on all
sides of the surface water along the Catawba River mainstem below Lake James and along
mainstem lakes in the Catawba River Basin.
(5) DIFFUSE FLOW REQUIREMENT. 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.
(c) No new stormwater conveyances are allowed through the buffers except for stormwater
management ponds provided for in Item (6) of this Rule.
(6) TABLE OF USES. The following chart sets out the uses and their category designation under this Rule as
exempt, allowable, or allowable with mitigation. Any uses, which are not listed in the table, are prohibited.
The requirements for each category listed in the table as well as prohibited uses not set out in the table are
given in Item (7) of this Rule.
Use
Exempt
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
X
width practicable and do not exceed 4 feet in 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 removal of trees
as defined in this Rule or impervious surface is added to the
riparian buffer
X
Airport facilities:
• Airport or airstrip facilities that impact equal to or less than
X
150 linear feet or one-third of an acre of riparian buffer
• Airport or airstrip facilities that impact greater than 150
linear feet or one-third of an acre of riparian buffer
X
Archaeological activities
X
Bridges
X
Canoe Access provided that installation and use does not
X
result in removal of trees as defined in this Rule and no
impervious surface is added to the buffer
Dam maintenance activities:
• Dam maintenance activities that do not cause additional
buffer disturbance beyond the footprint of the existing dam or
X
those covered under the U.S. Army Corps of Engineers
Nationwide Permit No. 3
• Dam maintenance activities that do cause additional buffer
disturbance beyond the footprint of the existing dam or those
X
not covered under the U.S. Army Corps of Engineers
Nationwide Permit No. 3

Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
• Existing drainage ditches, roadside ditches, and stormwater
outfalls provided that they are managed to minimize the
X
sediment, nutrients and other pollution that convey to
waterbodies
• New drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility is
X
installed to control pollutants and attenuate flow before the
conveyance discharges through the riparian buffer
• New stormwater discharges to existing man-made
conveyances (including, but not limited to, drainage ditches,
X
roadside ditches, and stormwater outfalls) provided that the
new stormwater discharge does not result in the need to alter
the existing man-made conveyances
Driveway crossings of surface waters subject to this Rule:
• Driveway crossings on single family residential lots
subdivided or recorded prior to the effective date of this Rule
X
that disturb equal to or less than 25 linear feet or 2,500 square
feet of riparian buffer
• Driveway crossings on single family residential lots
subdivided or recorded prior to the effective date of this Rule
X
that disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
• In a subdivision that cumulatively disturbs equal to or less
than 150 linear feet or one-third of an acre of riparian buffer
X
• In a subdivision that cumulatively disturbs greater than 150
linear feet or one-third of an acre of riparian buffer
X
Fences:
• Fences provided that disturbance is minimized and
installation does not result in removal of trees as defined in
X
this Rule
• Fences provided that disturbance is minimized and
installation results in removal of trees as defined in this Rule
X
Forest harvesting - see Item (11) of this Rule
Grading and revegetation in Zone 2 only provided that diffuse
X
flow and the health of existing vegetation in Zone 1 is not
compromised and disturbed areas are stabilized
Greenway / hiking trails
X
Historic preservation
X
Mining activities:
• Mining activities that are covered by the Mining Act
provided that new riparian buffers that meet the requirements
X
of Items (4) and (5) 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 of
X
Items (4) and (5) of this Rule are not established adjacent to
the relocated channels
Non -electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 only'
X
• Impacts other than perpendicular crossings in Zone 1 '
X
Non -electric utility line perpendicular crossings of surface

waters subject to this Rule':
Exempt
Allowable
Allowable
• Perpendicular crossings that disturb equal to or less than 40
with
linear feet of riparian buffer with a maintenance corridor
X
Mitigation
equal to or less than 10 feet in width
• Perpendicular crossings that disturb equal to or less than 40
X
linear feet of riparian buffer with a maintenance corridor
X
greater than 10 feet in width
• Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian buffer
X
with a maintenance corridor equal to or 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 riparian buffer
X
with a maintenance corridor greater than 10 feet in width
• Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer regardless of the width of the
maintenance corridor
X
Overhead electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 only
X
• Impacts other than perpendicular crossings in Zone 1 1,2, 3
X
Overhead electric utility line perpendicular crossings of
surface waters subject to this Rule':
• Perpendicular crossings that disturb equal to or less than
X
150 linear feet of riparian buffer 2
• Perpendicular crossings that disturb greater than 150 linear
X
feet of riparian buffer 2,3
' Perpendicular crossings are those that intersect the surface water at an angle between 75° and 105°. New water intakes and
new outfall lines which may be required to extend to or cross part of waterbodies will be implemented and enforced under this
category.
2 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 Division.
• 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.
• Rip rap 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.
• 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 or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternative evaluation.
Use
Exempt
Allowable
Allowable
with
Mitigation
Playground equipment:
• Playground equipment provided that installation and use
X
does not result in removal of trees as defined in this Rule
9 Playground equipment where installation and use requires

removal of trees as defined in this Rule
Exempt
X
Allowable
with
Mitigation
Properties that have been subdivided by a preliminary
X
subdivision plat 4 approved by local governments within the
Catawba River Basin within 2 years prior to June 30, 2001
for conventional subdivisions and within 5 years prior to June
30, 2001 for phased subdivisions:
X
• Uses in Zone 2 provided that the ground is stabilized and
X
diffuse flow is maintained
• Uses in Zone 1 provided that the ground is stabilized and
diffuse flow is maintained. On-site waste systems, septic
X
tanks and drainfields are not allowed in Zone 1
Properties that are included on a recorded subdivision plan
prior to June 30, 2001:
• Uses in Zone 2 provided that the ground is stabilized and
diffuse flow is maintained
X
• Uses in Zone 1 provided that the ground is stabilized and
diffuse flow is maintained. On-site waste systems, septic
tanks and drainfields are not allowed in Zone 1
X
Protection of existing structures, facilities and shoreline when
this requires additional disturbance of the riparian buffer or
X
the channel
Pumps for agricultural irrigation in Zone 1 provided that
installation and use does not result in removal of trees as
X
defined in this Rule
a The submitted preliminary subdivision plat shall include all the following information:
• Total acreage of land proposed for platting.
• The boundaries of the tract or portion thereof to be subdivided, with all bearings and distances accurately
shown, including dimensions of all lot lines.
• Location and use of all existing and proposed easements. This includes easements for drainage and utilities.
• Location, width of rights-of-way and all proposed streets.
• Location of all utilities installations.
• Distance to nearest public water supply and sanitary sewerage systems.
• Significant natural features including existing riparian buffer areas, existing wetlands, lakes or rivers, or other
natural features affecting the site.
• Existing physical features including buildings, streets, railroads, power lines, drainage ways, sewer and water or
spring heads, and town limit lines both to or adjacent to the land to be subdivided.
Use
Exempt
Allowable
Allowable
with
Mitigation
Railroad impacts other than crossings of surface waters
X
subject to this Rule
Recreational and accessory structures:
• Recreational and accessory structures such as decks,
gazebos and sheds provided the total cumulative footprint of
X
all structures within the buffer does not exceed 150 square
feet, that the structures are elevated above pervious ground,
that installation does not result in removal of trees as defined
in this Rule, and that they are not otherwise prohibited under
the local water supply watershed ordinance

• Recreational and accessory structures such as decks,
gazebos, and sheds with a cumulative footprint of more than
150 square feet provided that the structures are elevated
above pervious ground, that installation does not result in
X
removal of trees as defined in this Rule, and that they are not
otherwise prohibited under the local water supply watershed
ordinance
Removal of previous fill or debris provided that diffuse flow
X
is maintained and any vegetation removed is restored
Road impacts other than crossings of surface waters subject
X
to this Rule
Road crossings of surface waters subject to this Rule:
• Road crossings that impact equal to or less than 40 linear
X
feet of riparian buffer
• Road crossings that impact greater than 40 linear feet but
equal to or less than 150 linear feet or one-third of an acre of
X
riparian buffer
• Road crossings that impact greater than 150 linear feet or
X
one-third of an acre of riparian buffer
Scientific studies and gauging station
X
Stormwater management ponds excluding dry ponds:
• New stormwater management ponds provided that a
riparian buffer that meets the requirements of Items (4) and
X
(5) of this Rule is established adjacent to the pond
• New stormwater management ponds where a riparian
buffer that meets the requirements of Items (4) and (5) of this
X
Rule is NOT established adjacent to the pond
• Stormwater constructed wetland and bio -retention area
X
Shoreline stabilization
X
Temporary roads:
• Temporary roads that disturb less than or equal to 2,500
square feet provided that vegetation is restored within six
X
months of initial disturbance
• Temporary roads that disturb greater than 2,500 square feet
provided that vegetation is restored within six months of
X
initial disturbance
• Temporary roads used for culvert installation, bridge
construction or replacement provided that restoration
X
activities, such as soil stabilization and revegetation, are
conducted immediately after construction
Temporary sediment and erosion control devices:
• In Zone 2 only provided that the vegetation in Zone 1 is not
compromised and that discharge is released as diffuse flow in
X
accordance with Item (5) of this Rule
• In Zones 1 and 2 to control impacts associated with uses
approved by the Division or that have received a variance
X
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 work within a stream channel
X
Underground electric utility lines:
9 Impacts other than perpendicular crossings in Zone 2 only'
X

• Impacts other than perpendicular crossings in Zone 11'5
X
Allowable
Allowable
with
Mitigation
Underground electric utility line perpendicular crossings of
surface waters subject to this Rule: 1
X
• Perpendicular crossings that disturb less than or equal to 40
X
linear feet of riparian buffer 5
X
• Perpendicular crossings that disturb greater than 40 linear
feet of riparian buffer 5
X
X
Vehicle access roads and boat ramps leading to the surface
water, docks, fishing piers, and other water dependent
activities:
X
• Vehicular access roads and boat ramps to the surface water
but not crossing the surface water that are restricted to the
X
X
minimum width practicable not to exceed 10 feet in width
• Vehicular access roads and boat ramps to the surface water
but not crossing the surface water that are restricted to the
minimum width practicable and exceed 10 feet in width
X
View corridors:
• Thinning of underbrush, shrubs, and limbs up to 50% of
X
individual tree height to enhance a lake view provided soils
are undisturbed, diffuse flow is maintained and no stems of
woody vegetation larger than 3" DBH are removed
• Thinning of underbrush, shrubs, and limbs above 50% of
individual tree height to enhance a lake view provided soils
are undisturbed, diffuse flow is maintained and no stems of
X
woody vegetation larger than 3" DBH are removed
5 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 Division.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Except as specified within this footnote, 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.
Use
Exempt
Allowable
Allowable
with
Mitigation
Vegetation management:
• Emergency fire control measures provided that topography
X
is restored
• Periodic mowing and harvesting of plant products in Zone
X
2 only
• Planting vegetation to improve water quality protection
X
function of the riparian buffer
• Pruning forest vegetation provided that the health and
function of the forest vegetation is not compromised
X
• Removal of individual trees which are in danger of causing
X

damage to dwellings, other structures or human life
• Removal of individual trees which are dead, diseased or
X
damaged
• Removal of poison ivy
X
• Removal of understory nuisance vegetation listed in
Appendix III of. Smith, Cherri L. 1998. Exotic Plant
X
Guidelines. Department of Environment and Natural
Resources. Division of Parks and Recreation. Raleigh, NC.
Guideline #30
Water dependent structures:
• Water dependent structures as defined in 15ANCAC 02B
.0202 where installation and use do not result in disturbance
X
to riparian buffers
• Water dependent structures as defined in 15A NCAC 02B
.0202 where installation and use result in disturbance to
riparian buffers
X
Water wells:
• Single family residential water wells
X
• All other water wells
X
Wetland, stream and buffer restoration that results in impacts
to the riparian buffers:
• Wetland, stream and buffer restoration that requires DWQ
approval for the use of a 401 Water Quality Certification
X
• Wetland, stream and buffer restoration that does not require
DWQ approval for the use of a 401 Water Quality
Certification
X
(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, and allowable
with mitigation in Item (6) of this Rule and prohibited in 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. In addition, exempt uses shall meet requirements
listed in Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule and
that disturbance to the buffer is minimized. These uses require prior written authorization from
the Division or from a local government with an approved riparian buffer ordinance pursuant to
Sub -Item (3)(b) of this Rule.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved
pursuant to Item (10) of this Rule. These uses require written authorization from the Division or
the approved local government.
(d) PROHIBITED. All uses not designated as exempt, allowable or allowable with mitigation are
considered prohibited and may not proceed within the riparian buffer unless a variance is granted
pursuant to Item (9) of this Rule. Mitigation may be required as one condition of a variance
approval.
(8) 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 Division or to the approved local government. The applicant shall certify that the
criteria identified in Sub -Item (8)(a) of this Rule are met. The Division or the approved local government
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 Division or the approved local government
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 project 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.
(iii) Best management practices shall be used if necessary 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 (8)(a) of this Rule
by either the Division or the approved local government. 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;
(ii) Applicant fails to furnish requested information necessary to the Division's or approved
local government's decision; or
(iii) Information necessary to the Division's or approved local government's decision.
The Division or the approved local government may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of the riparian buffer protection program.
Complete submissions to the Division shall use the appropriate Pre -Construction Notification
(PCN) Application Form and shall submit the completed form to the Division. Complete
submissions to the delegated local government shall include the following unless otherwise
identified within an approved local government ordinance:
(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 for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate approved local government shall make all of the following findings of fact and
may grant variances. The variance request procedure shall be as follows:
(a) For any variance request, the Division or the approved local government shall make a finding of
fact to insure that the following requirements have been met:
(i) There are practical difficulties or hardships that prevent compliance with the riparian
buffer protection requirements. Practical difficulties or unnecessary hardships shall be
evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he or she can secure
no reasonable return from, nor make reasonable use of, his or her property.
Merely proving that the variance would permit a greater profit from the
property shall not be considered adequate justification for a variance.
Moreover, the Division or the approved local government shall consider
whether the variance is the minimum possible deviation from the terms of this
Rule that shall make reasonable use of the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.

(10)
(C) The hardship is due to the physical nature of the applicant's property, such as
its size, shape, or topography, which is different from that of neighboring
property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The hardship is unique to the applicant's property, 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.
(ii) The variance is in harmony with the general purpose and intent of the Catawba River
Basin's riparian buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and justice has been done.
(b) Variance requests shall be reviewed and approved based on the criteria in Sub -Item (9)(a) of this
Rule by either the Division or the approved local government pursuant to G. S. 153A, Article 18,
or G.S. 160A, Article 19. The Division or the approved local government may attach conditions
to the variance approval that support the purpose, spirit and intent ofthe riparian buffer protection
program. Requests for appeals of decisions made by the Division shall be made to the Office of
Administrative Hearings. Request for appeals of decisions made by the approved local
government shall be made to the appropriate Board of Adjustment under G.S. 160A-388 or G.S.
153A-345 for determinations made by the approved local government.
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 (8) of
this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0244.
REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in Zone 1 of the riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Timber felling shall be directed away from the water body.
(iii) Skidding shall be directed away from the water body and shall be done in a manner that
minimizes soil disturbance and prevents the creation of channels or ruts in accordance
with 15A NCAC 011 .0203 as enforced by the Division of Forest Resources.
(iv) Individual trees may be treated to maintain or improve their health, form or vigor.
(v) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control 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 this Rule.
The Division of Forest Resources must notify the Division of all approvals.
(vi) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(vii) 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.
(viii) Prescribed burns shall not be allowed.
(ix) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. 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.
(b) In Zone 1, 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. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management 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 not permitted except at stream crossings designed,
constructed and maintained in accordance with 15A NCAC 011.0203 as enforced by the
Division of Forest Resources.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) 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.
(B) In the outer 20 feet of Zone 1, trees greater than 12 -inch diameter stump 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.
(c) In Zone 2, harvesting and regeneration of the forest stand shall be allowed in accordance with
15A NCAC 01I .0100 — .0200 as enforced by the Division of Forest Resources.
(12) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all federal, state and local regulations and laws. Whichever
regulation is more restrictive shall apply.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999, c. 329, s. 7.1; S.B 824-2003;
Temporary Adoption Eff. June 30,2001; (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-
340).
Eff August 1, 2004.
15A NCAC 02B.0244 CATAWBA RIVER BASIN: MITIGATION PROGRAM FOR PROTECTION AND
MAINTENANCE OF EXISTING RIPARIAN BUFFERS IN THE CATAWBA RIVER BASIN
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999, c. 329, s. 7.1; S.B. 824-2003;
Temporary Adoption Eff. June 30, 2001 (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-
340);
Eff August 1, 2004;
Repealed Eff. October 24, 2014.
15A NCAC 02B.0245 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B.0246 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B.0247 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B.0248 RANDLEMAN LAKE WATER SUPPLY WATERSHED: NUTRIENT MANAGEMENT
STRATEGY
(a) All waters of the Randleman Lake (Deep River) water supply watershed are classified for water supply uses and
designated by the Environmental Management Commission as a Critical Water Supply Watershed pursuant to G.S. 143-
214.5(b). The following rules shall be implemented for the entire drainage area upstream of the Randleman Lake Dam:
(1) Rule .0249 of this Section for Wastewater Discharges,
(2) Rule .0250 of this Section for Protection and Maintenance of Riparian Areas, and
(3) Rule .0251 of this Section for Urban Stormwater Management.
(b) Failure to meet the requirements of the Rules in this Section may result in the imposition of enforcement measures as
authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive
relief).
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff.' April 1, 1999;
Amended Eff May 1, 2010.
15A NCAC 02B .0249 RANDLEMAN LAKE WATER SUPPLY WATERSHED: WASTEWATER DISCHARGE
REQUIREMENTS