December 2, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 737 Meeting of the Johnston County Board of Commissioners December 2 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 2 , 2013 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , Ted G Godwin , and Chad M Stewart Absent Vice Chairman Tony Braswell Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Lease Assignment for Johnston Health Affiliation Process County Attorney David Mills reported the Johnston Health facilities consisting of the Johnston Medical Center in Smithfield , the Medical Mall in Smithfield , and the clinic facility in Kenly are actually owned by the County and are leased to the Johnston Memorial Hospital Authority He stated with the affiliation process going on between the Hospital and UNC Healthcare , lease assignments are needed to assign the Hospital Authority’s rights and obligations under the lease to the new entity Mr Mills reported he had reviewed the documents and found them to be standard procedure and recommended their approval by the Board of Commissioners Johnston Health CEO Chuck Elliot and Attorney for Johnston Health Lou Starling requested the Board to approve the request and offered to answer any questions related to the documents Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board approved the lease assignment agreements as outlined by the County Attorney , subject to HUD approval B Resolution for the Johnston County U - 12 All Stars Soccer Team Commissioner Chad M Stewart reported the Johnston County U - 12 All Stars Soccer Team recently won the SWAC State Championship in Wilson , North Carolina He spoke on the outstanding effort by the team and commended them for their dedication Commissioner Stewart stated Johnston County has been very fortunate this year with all the State Championships that have been won in baseball , softball , and soccer by Johnston County teams and the Board of Commissioners is extremely proud He introduced Johnston County U - 12 All Stars Soccer Team Head Coach Wes Peedin Mr Peedin thanked the Board for recognizing the team He spoke on the season and the dedication by the players that went into winning the championship Mr Peedin thanked the players for their perseverance as well as the support from all the parents Commissioner Chad M Stewart read aloud the following resolution recognizing the Johnston County U - 12 All Stars Soccer Team and moved for its adoption Commissioner Allen L Mims , Jr , seconded the motion which carried by unanimous vote RESOLUTION RECOGNIZING THE JOHNSTON COUNTY U - 12 ALL STARS SOCCER TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Johnston County U - 12 All Stars Soccer Team recently won the 2013 SWAC State Championship in Wilson , North Carolina ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Page738 December 2 , 2013 – 6 00 pm Continued Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Johnston County U - 12 All Stars Soccer Team on winning the 2013 State Championship nd Adopted this the 2 day of December , 2013 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – November 20 and 27 , 2013 Certified letters were mailed to adjoining property owners on November 18 , 2013 Notices were posted at the locations on October 2 , 2013 for Cases 10 - 12 MOD , 13 - 16 , and 13 - 17 The Chairman opened the Special Use Hearing for Case 10 - 12 MOD Case 10 - 12 MOD A request to modify a portion of a 4427 acre Master Plan of a Mixed - Use Planned Development zoned Agricultural Residential – Special Use District AR - SUD located along Old Drug Store Road SR 1524 in Cleveland Township The proposed modification is to modify 909 acres of the master plan previously designated for 204 multifamily dwelling units This modification would create 17 additional single family dwellings , and 11 townhomes in lieu of the multifamily units Tax ID 06D01015X Owner Son - Lan Shipwash LLC Applicant Son - Lan Shipwash LLC – Lanny Clifton Those wishing to speak on Special Use Case 10 - 12 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify a portion of a 4427 acre Master Plan of a Mixed - Use Planned Development zoned Agricultural Residential – Special Use District located along Old Drug Store Road in Cleveland Township The proposed modification is to modify 909 acres of the master plan previously designated for 204 multifamily dwelling units This modification would create 17 additional single family dwellings , and 11 townhomes in lieu of the multifamily units Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 12 MOD on August 30 , 2013 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On October 15 , 2013 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 12 MOD and made the following recommendations Upon a motion by Mr Letchworth to approve the Modification of the Special Use Permit for Case 10 - 12 , seconded by Mr Massengill and carried by a unanimous vote of 8 - 0 , Case 10 - 12 was granted preliminary approval at the October 15th , 2013 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that it is a residential request within a primary growth area The request is reasonable in that the proposed modification is compatible with the neighboring zoning and will not negatively impact the public Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development is located in a growing area of the county This location also offers easy access to major public transportation networks Staff The modification is designed to maintain the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ;Page739 December 2 , 2013 – 6 00 pm Continued Applicant The proposed layout of the development meets the criteria of Section 14 - 257 of the Land Development Code Staff The proposed modification meets the requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant While the existing development contains commercial areas , the proposed development would allow residential areas that are comparable with adjacent areas Staff This development plan provides residential development within an approved commercial zone which will help integrate this development into the community 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed development offers convenient access to major public transportation networks and conforms with the Land Development Code and the County’s Land Development Plan Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Mixed Use PUD Site Plan Modification Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 41 138 single family dwelling units , 11 townhouse units , 204 multi - family units , and 582 acres of commercial development 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County’s Design Manual Only 75 of the total number of dwelling units may be recorded until all landscape buffer areas have been establish per these sections 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ’ , Side 5 ’ , and Rear 10 ’ 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County’s Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ’ road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 A revised driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 Within the commercial area signage shall be in accordance with the signage code 19 Subject to the County’s Water and Sewer Policy 20 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 21 Soil Erosion & Sedimentation Control Plan required 22 Stormwater Management Plan required 23 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 24 Fee - in - lieu of open space shall be paid prior to final plat approval 25 Multi - family dwellings shall be constructed to the same or similar design and architectural appearance as those shown in the photographs provided by the applicant in the slideshow at the public hearing and on file in the planning department 25 Building materials for the townhome units multi - family shall be consistent with those allowed in the covenants of Adams Point Subdivision items in bold are proposed additions items with strikethrough are proposed to be removed Mr Gray reviewed the modification request with the Board as well as the proposed changes to the special use conditions Mr Gray reported under the proposed modification , the intensity of the use would be lessened Applicant Lanny Clifton of Son - Lan Shipwash LLC , 2701 Polenta Road , Clayton , offered to answer any questions Mr Gray stated the Planning Board recommended approval Page740 December 2 , 2013 – 6 00 pm Continued There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 12 MOD Decision on Special Use Case 10 - 12 MOD Case 10 - 12 MOD A request to modify a portion of a 4427 acre Master Plan of a Mixed - Use Planned Development zoned Agricultural Residential – Special Use District AR - SUD located along Old Drug Store Road SR 1524 in Cleveland Township The proposed modification is to modify 909 acres of the master plan previously designated for 204 multifamily dwelling units This modification would create 17 additional single family dwellings , and 11 townhomes in lieu of the multifamily units Tax ID 06D01015X Owner Son - Lan Shipwash LLC Applicant Son - Lan Shipwash LLC – Lanny Clifton Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board approve the modification to the special use permit for Case 10 - 12 MOD for a portion of a 4427 acre Master Plan of a Mixed - Use Planned Development zoned Agricultural Residential – Special Use District located along Old Drug Store Road in Cleveland Township to modify 909 acres of the master plan previously designated for 204 multifamily dwelling units to create 17 additional single family dwellings , and 11 townhomes in lieu of the multifamily units Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 41 single family dwelling units , 11 townhouse units , and 582 acres of commercial development 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County’s Design Manual Only 75 of the total number of dwelling units may be recorded until all landscape buffer areas have been establish per these sections 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ’ , Side 5 ’ , and Rear 10 ’ 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County’s Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ’ road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 A revised driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 Within the commercial area signage shall be in accordance with the signage code 19 Subject to the County’s Water and Sewer Policy 20 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 21 Soil Erosion & Sedimentation Control Plan required 22 Stormwater Management Plan required 23 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 24 Fee - in - lieu of open space shall be paid prior to final plat approval 25 Building materials for the townhome units shall be consistent with those allowed in the covenants of Adams Point Subdivision The Chairman opened the Rezoning Hearing for Case 13 - 16PagePage pageNumber5741 December 2 , 2013 – 6 00 pm Continued Case 13 - 16 Petition to rezone two tracts totaling 15 acres located at 507 Phillips Road in O’Neals Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11M08034J , 11M08034U Owner Applicant Garry and Brenda Newsome Planning Director Berry Gray stated the petition is to rezone two tracts totaling 15 acres located at 507 Phillips Road in O’Neals Township from General Business - Special Use District to Agricultural Residential Mr Gray stated the site was originally zoned General Business – Special Use District for an automotive repair shop that is no longer in operation and the owners wish to downzone to Agricultural Residential The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Agricultural Residential – Special Use District for a telecommunications tower The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Owner Applicant Brenda Newsome , 507 Phillips Road , Selma , stated they have retired and no longer operate the business She reported they would like to downzone the property for tax reasons Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 16 Decision on Rezoning Case 13 - 16 Case 13 - 16 Petition to rezone two tracts totaling 15 acres located at 507 Phillips Road in O’Neals Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11M08034J , 11M08034U Owner Applicant Garry and Brenda Newsome Commissioner Cookie Pope moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 13 - 16 to rezone two tracts totaling 15 acres located at 507 Phillips Road in O’Neals Township from General Business - Special Use District to Agricultural Residential be approved Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 13 - 17 Case 13 - 17 Petition to rezone 300 acres located at 9239 Cleveland Rd SR 1010 in Cleveland Township from Agricultural Residential AR to Neighborhood Business NB Tax ID 06F04012C Owner Denton and Jane Lee Applicant Brandi K Autry Planning Director Berry Gray stated the petition is to rezone 300 acres located at 9239 Cleveland Road in Cleveland Township from Agricultural Residential to Neighborhood Business Mr Gray reported there is a house on the property at present The surrounding land uses are zoned Agricultural Residential and used for such purposes ; to the west is zoned General Business – Special Use District and used for batting cages , community pool , and a place of worship ; and to the north for automotive sale , retail sales , and a restaurant The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Neighborhood Centers ” activity node which corresponds with Neighborhood Business zoning At the request of County Attorney David Mills , Mr Gray explained that Neighborhood Business is the newest zoning classification that is the least intensive business district and allows for small scale businesses such as a barber beauty shop , dance studio , farmers market , bakery under 3,500 sf , office use under 3,500 sf , civic club , child day care , home occupations , etc Upon questions by Commissioners DeVan Barbour and Cookie Pope , Mr Gray stated there is presently no one living in the existing house on the site and the request does include the outbuilding Applicant Brandi Autry , 205 William Drive , Benson , stated she plans to use the site for a photography studio Ms Autry reported they have outgrown their current space and she feels the proposed site is a good location Mr Gray reported the Planning Board recommended approval PagePage pageNumber6742 December 2 , 2013 – 6 00 pm Continued There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 17 Decision on Rezoning Case 13 - 17 Case 13 - 17 Petition to rezone 300 acres located at 9239 Cleveland Rd SR 1010 in Cleveland Township from Agricultural Residential AR to Neighborhood Business NB Tax ID 06F04012C Owner Denton and Jane Lee Applicant Brandi K Autry Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 13 - 17 to rezone 300 acres located at 9239 Cleveland Road in Cleveland Township from Agricultural Residential to Neighborhood Business be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 3 Public Hearing – Ordinance Amendment – Subdivision Street Maintenance Advertised – The Smithfield Herald – November 20 and 27 , 2013 Chairman Jeffrey P Carver opened the public hearing for the purposes of allowing public comment on an amendment to the Johnston County Code of Ordinances Section 14 - 226 as it relates to subdivision street maintenance Planning Director Berry Gray explained that in 2003 , the Planning Department wrote an ordinance amendment regarding subdivision street acceptance by the North Carolina Department of Transportation DOT and the purpose of the amendment at that time was to require developers to have the streets turned over to the DOT for maintenance once 75 of the permits were issued based on each street Mr Gray continued that since the ordinance went into effect in 2003 , Johnston County has seen 474 subdivision streets accepted by the DOT This is compared to 368 actually put on the ground during the same time frame He noted for the first eight years of the program , Johnston County averaged third out of 100 in the State and based on these numbers , Johnston County has seen huge success in the DOT’s acceptance of subdivision streets Mr Gray stated even with the success rate the County has seen , the current ordinance is extremely difficult to enforce as written and is complicated to monitor Because of this difficulty , staff is requesting to amend the ordinance to require the developer to have the streets accepted at 75 based on the total lots in the subdivision versus by street ; or for the developer to provide a bond once they are at 75 so they can continue on with their development He noted this is similar to what other counties are enforcing including Onslow County , Wake County , and Harnett County Mr Gray reviewed the proposed amendment with the Board and reported the Planning Board recommends approval Commissioner Ted G Godwin asked if staff had received any feedback from the development community on the proposed amendment Mr Gray reported initially , staff was proposing for the County to require a bond from the developer at the beginning of the process with no other options and some of the development community expressed concerns with that requirement He stated staff went back and revised the proposal so that developers now have a choice of putting up a bond at 75 versus having permits completely stopped Chairman Jeffrey P Carver asked who would determine the estimated cost of the street construction for the bond Mr Gray responded staff would require an engineered certification on the street construction cost estimate There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board adopt the ordinance amendment to the Johnston County Code of Ordinances Chapter 14 , following , to Section 14 - 226 Access and Circulation Commissioner Ted G Godwin seconded the motion which carried unanimously Note A second vote will be required at the January 6 , 2014 meeting due to the absence of Commissioner Tony Braswell Section 14 - 226 Access and circulation f Subdivision road standards PagePage pageNumber7743 December 2 , 2013 – 6 00 pm Continued 1 Once a subdivision has a minimum of four occupied homes and an average of two occupied homes per tenth of a mile , no more land use permits will be issued for lots on that street until the developer or related agent petitions the North Carolina Department of Transportation for maintenance and acceptance of the subject street into the state maintained road network 2 Land use permits will be issued until 75 percent of the lots along a subject road have been permitted Once this threshold has been met , no more land use permits will be issued for lots on that street until the North Carolina Department of Transportation district engineer has accepted the subject road into the state maintained road network 1 Land use permits will be issued until 75 percent of the lots have been permitted Once this threshold has been met , no more land use permits will be issued for lots within the subdivision until the North Carolina Department of Transportation District Engineer has accepted the subject road into the state maintained road network 2 The developer shall be responsible for ensuring that all dedicated public subdivision streets are successfully accepted by NC DOT for maintenance The developer shall be responsible for maintenance of all streets and protection of rights - of - way until such streets are accepted into the state road system 3 Where streets are dedicated to the public but not accepted into the state system at the time the plat is recorded , a statement explaining the status of the street shall be included on the final plat Said statements shall explain that the developer is ultimately responsible for the upkeep and maintenance of all streets until such time that the streets are included in the state system 4 In lieu of the discontinuation of permits , the developer may provide a maintenance guarantee where roads have not been accepted by or conveyed to NCDOT The amount of the maintenance guarantee shall be equal to 15 of the total estimated cost of street construction and stabilization of shoulders and drainage swales The estimated cost shall be based on a certified engineer’s or licensed contractor’s estimate , provided such engineer or contractor is independent of the developer Design Manual Section 7 Subdivision Design Standards L CERTIFICATES AND ENDORSEMENTS ON FINAL PLAT 13 Street Disclosure Statement – Public Streets As developer owner , I developer of address certify and agree to the following The developer shall be responsible for maintenance of all streets and protection of rights - of - way until such streets are accepted into the state road system The developer acknowledges that only 75 of the lots will be permitted until such time as he or she petitions the North Carolina Department of Transportation to accept the streets meeting the satisfaction of the Department’s petitioning and construction requirements or has provided the County with a maintenance guarantee for these purposes Notarized signature___________________ 4 Public Hearing – Ordinance Amendment – Riparian Buffer Protection Advertised – The Smithfield Herald – November 20 and 27 , 2013 Chairman Jeffrey P Carver opened the public hearing for the purposes of allowing public comment on an amendment to the Johnston County Code of Ordinances Section 14 - 393 as it relates to riparian buffer protection Stormwater Administrator Jamie Guerrero reviewed the proposed amendments to the ordinance with the Board He stated the ordinance was originally adopted by the Board on May 6 , 2013 and sent to the North Carolina Department of Environment and Natural Resources Division of Water Resources for review Mr Guerrero stated upon the Division of Water Resources ’ review of the ordinance , the Division requested the modifications There being no further comments , the Chairman closed the public hearing Commissioner Ted G Godwin moved the Board adopt the ordinance amendment to the Johnston County Code of Ordinances Chapter 14 , following , to Section 14 - 393 Riparian Buffer Protection Commissioner DeVan Barbour seconded the motion which carried unanimously Note A second vote will be required at the January 6 , 2014 meeting due to the absence of Commissioner Tony Braswell Sec 14 - 393 - Riparian buffer protection for lands within the Neuse River Basin This section is adopted pursuant to the authority vested in Johnston County by the Session Laws and the General Statutes of North Carolina , particularly GS 153A - 121 , 153A - 140 , ch 153A , article 18 , GS 160A - 174 , 160A - 193 , ch 160A , article 19 , and any special legislation enacted by the General Assembly for Johnston County a Purpose and intent The purposes of Johnston County in adopting the following section is to protect and preserve existing riparian buffers throughout the Neuse River Watershed within the countys jurisdiction as generally described in Rule 15A NCAC 02B 0233 Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Existing Riparian Buffers , in order to maintain their nutrient removal and stream protection functions PagePage pageNumber8744 December 2 , 2013 – 6 00 pm Continued Additionally this section will help protect the water supply uses of the Neuse River and of designated water supplies throughout the Neuse River watershed Buffers adjacent to streams provide multiple environmental protection and resource management benefits Forested buffers enhance and protect the natural ecology of stream systems , as well as water quality through bank stabilization , shading , and nutrient removal They also help to minimize flood damage in flood prone areas Well - vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment - bound pollutants such as phosphorous from reaching the streams b Title This section shall be known as the Johnston County Riparian Buffer Protection Ordinance [ for Lands within the Neuse River Watershed ] c Jurisdiction This section shall be applied to all land in the planning jurisdiction of Johnston County that is located within the Neuse River Watershed d Applicability This section applies to all landowners and other persons conducting activities in the area described in subsection c , with the exception of activities conducted under the authority of the state , the United States , multiple jurisdictions , or local units of government , and forest harvesting and agricultural activities The NC Division of Water Quality Environmental Management Commission shall administer the requirements of Rule 15A NCAC 02B 0233 and 0242 Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection of Existing Riparian Buffers and Mitigation Program for Protection and Maintenance of Existing Riparian Buffers , respectively for these activities e Relation to other ordinances The requirements of this section shall supersede all locally implemented buffer requirements stated in Rules 15A NCAC 02B 0214 through 0216 as applied to WS - II , WS - III , and WS - IV waters in the Neuse River watershed If the provisions of this section otherwise conflict with the provisions of any other validly enforceable ordinance s or laws , the most stringent provisions shall control This section is not intended to interfere with , abrogate , or annul any other ordinance , rule , regulation , or other provision of law f Riparian area protection within the Neuse River Watershed 1 Buffers protected The following minimum criteria shall be used for identifying regulated buffers i This section shall apply to 50 - foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin intermittent streams , perennial streams , lakes , ponds , and estuaries , excluding wetlands The riparian buffers protected by this Rule shall be measured pursuant to subsection f 4 of this Rule For the purpose of this Rule , a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1 24,000 scale 75 minute quadrangle topographic maps prepared by the United States Geologic Survey USGS Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule Riparian buffers adjacent to surface waters that appear on the maps shall be subject to this Rule unless one of the following applies ii 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 Rules 15A NCAC 2B 0230 and 0231 , Rules 15A NCAC 2H 0500 , 15A NCAC 2H 1300 , and Sections 401 and 404 of the Federal Water Pollution Control Act iii For the purpose of this section , a surface water shall be present if the feature is approximately shown on only one of the following types of maps a The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture b The most recent version of the 1 24,000 scale 75 minute quadrangle topographic maps prepared by the United States Geologic Survey USGS iv Where the specific origination point of a stream regulated under this Item is in question , upon request of the NC Division of Water Quality Resources or another party , Johnston County shall make an on - site determination A Johnston County representative who has successfully completed the Divisions Surface Water Identification Training Certification course , its successor , or other equivalent training curriculum approved by the Division , shall establish that point using the latest version of the Division publication , Identification Methods for the Origins of Intermittent and Perennial Streams , available at http h2oenrstatencus ncwetlands documents NC_Stream_ID_Manualpdf or from the NC Division of Water Quality Resources - 401 Oversight Express & Buffer Permitting Unit , or its successor Johnston County may accept the results of a site assessment made by another party who meets these criteria Any disputes over on - site determinations made according to this Item shall be referred to the Director of the Division of Water Quality Resources c o the 401 Oversight Express & Buffer Permitting Unit , or its successor , in writing The directors determination is subject to review as provided in articles 3 and 4 of GS ch 150B v Riparian buffers protected by this section shall be measured pursuant to subsection f 4 of this section vi Parties subject to this section shall abide by all state rules and laws regarding waters of the state including but not limited to Rules 15A NCAC 2B 0230 and 0231 , Rules 15A NCAC 2H 0500 , 15A NCAC 2H 1300 , and Sections 401 and 404 of the Federal Water Pollution Control Act PagePage pageNumber9745 December 2 , 2013 – 6 00 pm Continued vii No new clearing , grading , or development shall take place nor shall any new building permits be issued in violation of this section 2 Exemption based on on - site determination When a landowner or other affected party , including the Division , believes that the maps have inaccurately depicted surface waters , he or she shall consult the environmental and stormwater manager Upon request , a Johnston County representative who has successfully completed the division Division’sof water qualitys Surface Water Identification Training Certification course , its successor , or other equivalent training curriculum approved by the division , shall make an on - site determination Johnston County may also accept the results of site assessments made by other parties who have successfully completed such training Any disputes over on - site determinations shall be referred to the director of the division Division of water Water quality Resources c o the 401 Oversight Express & Buffer Permitting Unit , or its successor , 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 GS ch 150B Surface waters that appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases i Man - made ponds and lakes that are not part of a natural drainage way that is classified in accordance with 15A NCAC 2B 0100 , including ponds and lakes created for animal watering , irrigation , or other agricultural uses A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream ii Ephemeral streams iii The absence on the ground of a corresponding intermittent or perennial stream , lake , reservoir , or pond iv Ditches or other man - made water conveyances , other than modified natural streams 3 Exemption when existing uses are present and ongoing This section shall not apply to portions of the riparian buffer where a uses that areis existing and ongoing according to the following ; however , this section shall apply at the time an existing , ongoing use is changed to another use Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing , ongoing activity i It existed prior to July 22 , 1997 , the effective date of the Neuse Rule 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 , 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 occupied by the footprint of the existing use is exempt from this section 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 July 22 , 1997 , and existing diffuse flow is maintained Grading and revegetating Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised , the ground is stabilized and existing diffuse flow is maintained ii Projects or proposed development that are determined by Johnston County to meet at least one of the following criteria a Project requires a 401 Certification 404 Permit and these were issued prior to the effective date of this section ; 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 and certifications prior to the effective date of this section ; 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 the effective date of this section ; or 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 Johnston County prior to the effective date of this section ii At the time an existing use is proposed to be converted to another use , this Rule shall apply An existing use shall be considered to be converted to another use if any of the following applies a Impervious surface is added to the riparian buffer in locations where it did not exist previously b An agricultural operation within the riparian buffer is converted to a non - agricultural use c A lawn within the riparian buffer ceases to be maintained 4 Zones of the riparian buffer The protected riparian buffer shall have two zones as follows i Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in the Table of Uses , subsection g 2 of this section The location of Zone One shall be as follows Page0746 December 2 , 2013 – 6 00 pm Continued a For intermittent and perennial streams , Zone One shall begin at the most landward limit of the top of bank or 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 the surface water b For ponds , lakes and reservoirs located within a natural drainage way , Zone One shall begin at the most landward limit of the normal water level or rooted herbaceous vegetation and extend landward a distance of 30 feet , measured horizontally on a line perpendicular to a vertical line marking the normal water level ii Zone Two shall consist of a stable , vegetated area that is undisturbed except for uses provided for in the Table of Uses , subsection 8 B of this section Grading and revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised Zone Two shall begin at the outer edge of Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water The combined width of Zones One and Two shall be 50 feet on all sides of the surface water 5 Diffuse flow requirements Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows i Concentrated runoff from new ditches or man - made conveyances shall be converted to diffuse flow at non - erosive velocities before the runoff enters Zone Two of the riparian buffer ; ii Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies ; and iii As set out in subsections f 4 and g 2 of this section , Zones of the riparian buffer and Table of Uses respectively , no new stormwater conveyances are allowed through the buffers except for those specified in the Table of Uses , subsection g 2 of this section , addressing stormwater management ponds , drainage ditches , roadside ditches , and stormwater conveyances g Potential uses and associated requirements 1 Approval for new development Johnston County shall issue an approval for new development only if the development application proposes to avoid impacts to riparian buffers defined in subsection f 1 of this section , or where the application proposes to impact such buffers , it demonstrates that the applicant has done the following , as applicable i Determined the activity is exempt from requirements of this section ; ii Received an Authorization Certificate from Johnston County pursuant to subsection h 1 of this section ; iii For uses designated as Allowable with Mitigation in the Table of Uses in subsection g 2 , received approval of mitigation plan pursuant to subsection h 3 of this section ; and iv Received a variance pursuant to subsection h 2 2 Table of Uses The following chart sets out potential new uses within the buffer , or outside the buffer with impacts on the buffer , and categorizes them as exempt , allowable , or allowable with mitigation All uses not categorized as exempt , allowable , or allowable with mitigation are considered prohibited and may not proceed within the riparian buffer or outside the buffer if the use would impact the buffer , unless a variance is granted pursuant to subsection h 2 of this section , Variances The requirements for each category are given in subsection g 3 of this section following the Table of Uses Allowable Use with Exempt Allowable 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 width of buffer disturbance , and provided that installation and use does not X result in removal of trees as defined in this section and no impervious surface is added to the riparian buffer • Pedestrian access trails that exceed 4 feet in width of buffer X disturbance , the installation or use results in removal of trees as defined in this section or impervious surface is added to thePage1747 December 2 , 2013 – 6 00 pm Continued riparian buffer Airport facilities • Airport facilities that impact equal to or less than 150 linear X feet or one - third of an acre of riparian buffer • Airport facilities that impact greater than 150 linear feet or X one - third of an acre of riparian buffer • Activities necessary to comply with FAA requirements eg X 1 radar uses or landing strips Archaeological activities X Bridges X Canoe Access provided that installation and use does not result in removal of trees as defined in this section and no impervious X 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 those X covered under the US 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 US Army Corps of Engineers Nationwide Permit No 3 Drainage ditches , roadside ditches and stormwater conveyances through riparian buffers • New stormwater flows to existing drainage ditches , roadside ditches , and stormwater conveyances provided flows do not alter or result in the need to alter the conveyance and are X managed to minimize the 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 nitrogen and 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 provide a X 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 a new riparian buffer that meets the requirements of f 4 and X f 5 of this section is established adjacent to the new channel Driveway crossings of streams and other surface waters subject to this section • Driveway crossings on single family residential lots that disturb equal to or less than 25 linear feet or 2,500 square feet X of riparian buffer • Driveway crossings on single family residential lots that disturb greater than 25 linear feet or 2,500 square feet of X riparian bufferPage2748 December 2 , 2013 – 6 00 pm Continued • In a subdivision that cumulatively disturb equal to or less than X 150 linear feet or one - third of an acre of riparian buffer • In a subdivision that cumulatively disturb greater than 150 X linear feet or one - third of an acre of riparian buffer Driveway impacts other than crossing of a stream or other X surface waters subject to this section Fences • Fences provided that disturbance is minimized and installation X does not result in removal of trees as defined in this section • Fences provided that disturbance is minimized and installation results in removal of trees as defined in this sectionForest X Harvesting – See Section 4 of this Ordinance Fertilizer application one - time application to establish X vegetation Grading and revegetation in Zone Two provided that diffuse flow and the health of existing vegetation in Zone One is not X compromised and disturbed areas are stabilized until they are revegetated Greenway hiking trails designed , constructed and maintained to maximize nutrient removal and erosion protection , minimize X adverse effects on aquatic life and habitat , and protect water quality to the maximum extent practical Historic preservation X Maintenance access on modified natural streams a grassed travel way on one side of the water body when less impacting alternatives are not practical The width and specifications of X 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 provided that new riparian buffers that meet the requirements of X subsections f 4 and f 5 of this section 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 subsections f 4 and f 5 of this section 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 that X installation and use does not result in removal of vegetation • Playground equipment installed on lands other than single - X family lots or that requires removal of vegetation Ponds created by impounding streams and not used as stormwater BMPs Page3749 December 2 , 2013 – 6 00 pm Continued • New ponds provided that a riparian buffer that meets the requirements of subsections f 4 and f 5 of this section is X established adjacent to the pond • New ponds where a riparian buffer that meets the requirements of subsections f 4 and f 5 of this section is X NOT established adjacent to the pond Protection of existing structures , facilities and stream banks when this requires additional disturbance of the riparian buffer X or the stream channel Railroad impacts other than crossings of streams and other X surface waters subject to this section Railroad crossings of streams and other surface waters subject to this section • Railroad crossings that impact equal to or less than 40 linear X feet of riparian buffer • Railroad 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 • Railroad crossings that impact greater than 150 linear feet or X one - third of an acre of riparian buffer Recreational and accessory structures in Zone Two • Sheds and gazebos in Zone Two , provided they are not prohibited under local water supply ordinance ° Total footprint less than or equal to 150 square feet per lot X ° Total footprint greater than 150 square feet per lot X • Wooden slatted decks and associated steps , provided the use meets the requirements of subsections f 4 and f 5 of this section ° Deck at least eight feet in height and no vegetation removed X from Zone One ° Deck less than eight feet in height or vegetation removed X from Zone One Removal of previous fill or debris provided that diffuse flow is X maintained and vegetation is restored Road impacts other than crossings of streams and other surface X waters subject to this section Road crossings of streams and other surface waters subject to this section • Road crossings that impact equal to or less than 40 linear feet X 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 one - X third of an acre of riparian buffer Road relocation Relocation of existing private access roadsPage4750 December 2 , 2013 – 6 00 pm Continued associated with public road projects where necessary for public safety • Less than or equal to 2,500 square feet of buffer impact X • Greater than 2,500 square feet of buffer impact X Stormwater BMPs • Wet detention , bioretention , and constructed wetlands in Zone X Two if diffuse flow of discharge is provided into Zone One • Wet detention , bioretention , and constructed wetlands in Zone X One Scientific studies and stream gauging X 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 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 subsection h 3 vii of this section • Less than or equal to 2,500 square feet of buffer disturbance X • Greater than 2,500 square feet of buffer disturbance X • Associated with culvert installation or bridge construction or X 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 subsection h 3 vii of this section • In Zone Two provided ground cover is established within timeframes required by the Sedimentation and Erosion Control Act , vegetation in Zone One is not compromised , and runoff is X released as diffuse flow in accordance with subsection f 5 of this section • In Zones one and two to control impacts associated with uses approved by Johnston County 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 that is authorized under X Sections 401 and 404 of the Federal Water Pollution Control Act • In - stream temporary erosion and sediment control measures X for work within a stream channel Utility , electric , aerial , perpendicular crossings of streams and 2,3,5 other surface waters subject to this section Page5751 December 2 , 2013 – 6 00 pm Continued • Disturb equal to or less than 150 linear feet of riparian buffer X • Disturb greater than 150 linear feet of riparian buffer X 5 Utility , electric , aerial , other than perpendicular crossings • Impacts in Zone Two X 2,3 • Impacts in Zone One X 3,4,5 Utility , electric , underground , perpendicular crossings • Disturb less than or equal to 40 linear feet of riparian buffer X • Disturb greater than 40 linear feet of riparian buffer X Utility , electric , underground , other than perpendicular 4 crossings • Impacts in Zone Two X 1 • Impacts in Zone One X Utility , non - electric , perpendicular crossings of streams and 3,5 other surface waters subject to this section • Disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in X width • Disturb equal to or less than 40 linear feet of riparian buffer X with a maintenance corridor greater than 10 feet in width • Disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor equal X to or less than 10 feet in width • Disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor greater X than 10 feet in width • Disturb greater than 150 linear feet of riparian buffer X 45 Utility , non - electric , other than perpendicular crossings • Impacts in Zone Two X 1 • Impacts in Zone One X Vegetation management • Emergency fire control measures provided that topography is X restored • Mowing or harvesting of plant products in Zone Two X • Planting vegetation to enhance the riparian buffer X • Pruning forest vegetation provided that the health and function X of the forest vegetation is not compromised • Removal of individual trees that are in danger of causing damage to dwellings , other structures or human life , or are X imminently endangering stability of the streambank • Removal of individual trees which are dead , diseased or X damaged Page6752 December 2 , 2013 – 6 00 pm Continued • Removal of poison ivy X • Removal of invasive exotic vegetation as defined in Smith , Cherri L 1998 Exotic Plant Guidelines Dept of Environment X and Natural Resources Division of Parks and Recreation Raleigh , NC Guideline # 30 • Vehicular access roads leading to water - dependent structures as defined in 15A NCAC 02B 0202 , provided they do not cross X the surface water and have minimum practicable width not exceeding ten feet • Water dependent structures as defined in 15A NCAC 02B 0202 where installation and use result in disturbance to riparian X buffers Water supply reservoirs • New reservoirs where a riparian buffer that meets the requirements of subsections f 4 and f 5 of this section is X established adjacent to the reservoir • New reservoirs where a riparian buffer that meets the requirements of subsections f 4 and f 5 of this section is X not established adjacent to the reservoir Water wells X Wetland , stream and buffer restoration that results in impacts to X the riparian buffers • Wetland , stream and buffer restoration that requires NC Division of Water Quality approval for the use of a 401 Water X Quality Certification • Wetland , stream and buffer restoration that does not require Division of Water Quality approval for the use of a 401 Water X Quality Certification Wildlife passage structures X 1 Provided that • No heavy equipment is used in Zone One • Vegetation in undisturbed portions of the buffer is not compromised • Felled trees are removed by chain • No permanent felling of trees occurs in protected buffers or streams • Stumps are removed only by grinding • At the completion of the project the disturbed area is stabilized with native vegetation • Zones one and two meet the requirements of subsections f 4 and f 5 2 Provided that , in Zone One , 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 Johnston County as defined in subsection h 1 • 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 or aerial infrastructure shall not be installed within 10 feet of a water body unless JohnstonPage7753 December 2 , 2013 – 6 00 pm Continued County completes a no practical alternative evaluation as defined in subsection h 1 4 Provided that , in Zone One , 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 Johnston County , as defined in subsection h 1 • 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 • Measures shall be taken upon completion of construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer • In wetlands , mats shall be utilized to minimize soil disturbance 5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees 3 Requirements for categories o