North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA › Section 02B .0267 - JORDAN WATER SUPPLY NUTRIENT STRATEGEY: PROTECTION OF EXISTING RIPARIAN BUFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
Protection of the nutrient removal and other water quality
					 benefits provided by riparian buffers throughout the watershed is an important
					 element of the overall Jordan water supply nutrient strategy. The following is
					 the strategy for riparian buffer protection and maintenance in the Jordan
					 watershed, as prefaced in
					 15A NCAC
					 02B .0262:
(1) PURPOSE. The purposes of this Rule shall
				  be to protect and preserve existing riparian buffers throughout the Jordan
				  watershed as generally described in
				  15A NCAC
				  02B .0262, in order to maintain their
				  nutrient removal and stream protection functions. Additionally this Rule will
				  help protect the water supply uses of Jordan Reservoir and of designated water
				  supplies throughout the Jordan watershed. Local governments shall establish
				  programs to meet or exceed the minimum requirements of this Rule. The
				  requirements of this Rule shall supersede all locally implemented buffer
				  requirements stated in
				  15A NCAC
				  02B .0214 through
				  02B .0216 as applied to WS-II,
				  WS-III, and WS-IV waters in the Jordan watershed. Local governments subject to
				  this Rule may choose to implement more stringent requirements, including
				  requiring additional buffer width.
(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 boardwalks, steps, rails, and signage.
(b) '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, of the 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 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, in which case they are included in the definition of 'airport
				  facilities'.
(c) 'Forest
				  management plan' means as defined in Chapter 160A-458.5(4).
(d) 'Forest plantation' means an area of
				  planted 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.
(e) 'Greenway / Hiking
				  Trails' means pedestrian trails constructed of pervious or impervious surfaces
				  and related structures including but not limited to boardwalks, steps, rails,
				  and signage, and that generally run parallel to the shoreline.
(f) '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; or for hardwoods and wetland species,
				  16-inch DBH or greater or 24-inch or greater stump diameter.
(g) '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,
				  riprap, or gabions, while providing bank stabilization, shall not be considered
				  stream restoration.
(h) '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.
(i) 'Stump diameter' means the diameter of a
				  tree measured at six inches above the ground surface level.
(j) 'Temporary road' means a road constructed
				  temporarily for equipment access to build or replace hydraulic conveyance
				  structures such as bridges, culverts, pipes or water dependent structures, or
				  to maintain public traffic during construction.