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 .0734 - TAR-PAMLICO 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 Tar-Pamlico River Basin.
(1) PURPOSE. The purpose of this Rule shall
				  be to maintain and protect existing riparian buffers in the Tar-Pamlico River
				  Basin 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 Tar-Pamlico River Basin, excluding Ocracoke
				  Island.
(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;