North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0714 - NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
The following is the management strategy for maintaining
					 and protecting existing riparian buffers in the Neuse River Basin.
(1) PURPOSE. The purpose of this Rule shall
				  be to maintain and protect existing riparian buffers in the Neuse River Basin,
				  including the Falls of the Neuse Reservoir watershed, to maintain their
				  nutrient removal functions. Terms used in this Rule shall be as defined in Rule
				  .0610 of this Subchapter.
(2)
				  APPLICABILITY. This Rule applies to all landowners and other persons including
				  local governments, state and federal entities conducting activities within the
				  riparian buffers as described in Item (3) of this Rule in the Neuse River
				  Basin, including the Falls of the Neuse Reservoir watershed.
(3) BUFFERS PROTECTED. The following minimum
				  criteria shall be used for identifying regulated riparian buffers:
(a) A surface water shall be subject to this
				  Rule if the feature is approximately shown on any of the following references:
(i) The most recent version of the published
				  manuscript of the soil survey map that shows stream layers prepared by the
				  Natural Resources Conservation Service of the United States Department of
				  Agriculture;
(ii) The United States
				  Geologic Survey's (USGS) National Map, available online at:
https://www.usgs.gov/core-science-systems/national-geospatial-program/national-map
;
				  or
(iii) Other maps approved by the
				  Environmental Management Commission as more accurate than those identified in
				  Sub-Item (3)(a)(i) and (3)(a)(ii) of this Rule. Other maps shall use a
				  hydrography dataset developed using hydrography specifications and standard
				  metadata approved by the Geographic Information Coordinating Council (GICC) and
				  maintained on a GICC list of the best available hydrography. Edits, deletions
				  and additions to the hydrography dataset shall follow GICC approved standards
				  and specifications, per stewardship governance. Other maps shall have their
				  hydrography dataset and procedures for edits, deletions and additions reviewed
				  and approved by the GICC. Other maps shall be submitted to the Division for
				  review and recommendation to the Environmental Management Commission. Prior to
				  recommendation to the Environmental Management Commission, the Division shall
				  issue a 30-calendar day public notice through the Division's Mailing List in
				  accordance with
				  15A NCAC
				  02H .0503. Division staff shall present
				  recommendations including comments received during the public notice period to
				  the Environmental Management Commission for a final decision. Maps approved
				  under this Sub-Item shall not apply to projects that are existing and ongoing
				  within the meaning of this Rule as set out in Item (6) of this Rule;