120610December 6, 2010
The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the
Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC.
Commissioners Holmes, Frye, Haywood, Kemp and Lanier were present. Pastor Richard
Callahan, Mt. Calvary Baptist Church, Archdale, gave the invocation, and everyone recited the
Pledge of Allegiance.
Reorganization of the Board
On motion of Haywood, seconded by Lanier, the Board voted unanimously to elect Harold
Holmes as Chairman and Darrell Frye as Vice Chair.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the
following appointments: Associate County Attorney, Aimee Scotton; Clerk to the Board, Cheryl
Ivey; Deputy Clerk to the Board, Amanda Varner; Representative to the Board of Health, Stan
Haywood; Representative to the Social Services Board, Arnold Lanier; Representative to the
Consolidated Mental Health Board, Darrell Frye; Representative to the Juvenile Crime
Prevention Council, Phil Kemp; Representative to the High Point Transportation Advisory
Board, Darrell Frye; Alternate Representative to the High Point Transportation Advisory Board,
Stan Haywood; PTCOG Delegate, Darrell Frye; Piedmont Triad Partnership, Phil Kemp;
Piedmont Authority for Regional Transportation, Darrell Frye; Regional Planning Organization
Transportation Advisory Committee, Stan Haywood; Tourism Development Authority Liaison,
Phil Kemp.
Appointment of New County Attorney
Chairman Holmes announced that current County Attorney Darren Allen has tendered his
resignation as County Attorney due to his acceptance of the position of Assistant District
Attorney for Montgomery County.
On motion of Kemp, seconded by Frye, the Board voted unanimously to appoint Ben Morgan
as County Attorney. Note: Commissioner Haywood recused himself from voting because Mr.
Morgan's wife is employed by Commissioner Haywood.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
Kim Price, spoke on behalf of Saf-T Concierge Services, which operates the new Visitors
Centers located on I-73/74, just south of Seagrove. She said that the number of visitors recorded
in the last eleven months has exceeded NCDOT's expectations. More than 80,500 people have
been counted at the center and almost 600,000 have visited the rest areas.
Presentation of County Employee Service Awards
Chairman Holmes and Vice Chair Frye, assisted by Stacy Griffin and Sara Baker of the
County Human Resources office, presented County employee service award certificates and a
piece of pottery to the following honorees: 15 Years of Service: Danny C. York, Building
Inspections; Donovan L. Davis, EMS; Janet W. Gray, EMS; Phyllis S. Hurley, Health; Audrey
W. Surratt, Health; Cindy C. Trogdon, Health; Jeffrey C. Mullins, IT; William L. King, Library;
Irene M. Smith, Library; Linda G. Swaringen, Library; Gerald L. Dale, Jr., Planning and Zoning;
Aundrea M. Azelton, Sheriffs Department; Michael W. Craven, Sheriffs Department; Jeffrey
W. Goins, Sheriffs Department; Barry L. Hazelton, Sheriffs Department; Scottie L. Hicks,
Sheriff's Department; Sabrina L. Honeycutt, Sheriff's Department; Maria E. Jones, Sheriff's
Department; Mary W. Davis, DSS; Katrina H. Evans, DSS; Cheryl F. Lackey, DSS; Sallie W.
Cheek, Tax; Patty H. Willard, Tax. 20 Years of Service: Richard T. Wells, Administration;
Kathi A. Auman-Einig, Health; Tonya L. Maness, Health; Ann C. McGlohon, Library; Felicia
D. Butler, Sheriff's Department; Donna S. Mason, Sheriff's Department; Brent G. McNeill,
Sheriff's Department; Maynard B. Reid, Jr., Sheriff's Department; Jeanette W. Gaines, DSS;
Toni A. Welch, DSS; Charles W. Husband, Tax; Tammie M. Smith, Tax. 25 Years of Service:
Dale T. Langley, EMS; Sandra H. Smith, EMS; Randle E. Brim, Planning & Zoning; Jill M.
Wood, Planning & Zoning; Allen R. Brewer, Sheriff's Department; Patricia A. Jarrett, DSS;
Melissa Y. Austin, Tax. 30 Years of Service: Jane H. Leonard, Administration; Fred W.
DeFriess, EMS; John B. Lopienski, EMS; Arlene P. Smith (not present), Library; Linda S.
Allred, Sheriff's Department.
Additions to Consent Agenda
Chairman Holmes announced that the following item had been added to the Consent agenda:
Item R. Appoint Jim Norman to the Tax Commission and to the Board of Equalization and
Review; Item S. Adopt Resolution Approving Submission of Application for Grant Funds for
Community Services Block Grant for Joint Orange Chatham Community Action Designation;
and Item T. Reappoint Chris Corsbie to the Asheboro Planning Board.
Approval of Consent Agenda
On motion of Kemp, seconded by Frye, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve minutes of regular and three sets closed session meetings of 11/1/10 and two sets
special meeting minutes of 11/16/10 and one set of closed session minutes of 11/16/10;
• unseal the following: Closed Session 5/4/09, Closed Session II (Malt -O Meal) 1/4/10, Closed
Session I (Malt-OMeal) 4/5/10, Closed Session I (Project Darr) 9/7/10, Closed Session II
(Project FPE) 10/4/10.
• approve surety bonds for elected and appointed officials, as follows: Finance Officer Will
Massie ($500, 000); Deputy Finance Officer Jane Leonard ($500, 000); Tax Collector Debra
Hill ($300, 000); Deputy Tax Collectors: Sallie Cheek ($200, 000), Revonda Cox ($200, 000);
Deputy Finance Officers for Jail Commissary: Brent McNeill ($10,000), Judy Brown
($50, 000), JoAnn Sapp ($10, 000); Sheriff Maynard Reid ($25, 000), Register of Deeds Krista
Lowe ($50, 000)
• approve continuation of employment for Sandra Jackson Reid (wife of re-elected Sheriff
Maynard Reid) in the Sheriffs Office, pursuant to N. C. G. S. 153 A-103 (1);
• approve Budget Amendment #18 to effect transfer of two property development technician
positions from the Building Inspections Dept. to the Planning & Zoning Dept.; as follows:
2010-2011 BUDGET ORDINANCE
General Fund—Amendment #18
Appropriations Increase Decrease
Building Inspections $59,340
Planning & Zoning $59,340
• approve Budget Amendment #19 for Health Dept. for additional funding from the Division of
Public Health/Women's & Children's Health/Immunization Branch in the amount of $3,948
to be used to help improve our capability to provide immunization services and to help
improve immunization coverage rates to children/adults and funding in the amount of $600
from NCBuckle Up Kids Program to establish and maintain permanent locations for
parents/caregivers to become educated on child restraints and seat belts, as follows:
2010-2011 BUDGET ORDINANCE
General Fund Amendment #19
Revenues Increase Decrease
Restricted Intergovernmental $4,548
Appropriations Increase Decrease
Health Department $4,548
• reappoint Dr. Robert Dough and Jane Reid to the Randolph County Board of Health;
• appoint Dr. Charles Lee, DVM, to the Randolph County Board of Health;
• reappoint Beth Moran to the Adult Care Home Community Advisory Committee;
• reappoint Susan Behr to the Nursing Home Community Advisory Committee;
• reappoint Wayne Mendenhall to the Trinity Planning Board;
• appoint Raphael Beech to fill the unexpired term of Fred deFriess and Brandie Brundage to
fill the unexpired term of Amy Beane on the EMS System Quality Management Committee;
• approve Ethics Policy for Board of County Commissioners, as follows:
Code of Ethics for the Board of County Commissioners of Randolph County, North Carolina
Preamble
WHEREAS, the Constitution of North Carolina, Article I, Section 35, reminds us that a
'frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings
of liberty; " and
WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina's State
Motto, Esse Quam Videri, "To Be Rather than to Seem; " and
WHEREAS, Section 160A-86 of the North Carolina General Statutes requires local
governing boards to adopt a code of ethics; and
WHEREAS, as public officials we are charged with upholding the trust of the citizens and
residents ofRandolph County, and with obeying the law; and
WHEREAS, as public officials of Randolph County we believe our citizens and residents are
entitled to the most open and ethical government possible under the law.
NOW THEREFORE, in recognition of our blessings and obligations as citizens of the State
of North Carolina and as public officials representing the citizens and residents of Randolph
County, and acting pursuant to the requirements of Section 160A-86 of the North Carolina
General Statutes, we the Randolph County Board of Commissioners do hereby adopt the
following General Principles and Code of Ethics to guide the Board of County Commissioners in
their lawful decision-making.
FURTHER, the Randolph County Board of Commissioners directs all advisory boards and
committees, which currently serve, or which may in the future be created to serve the Board of
County Commissioners, to respect and abide by these same General Principles and Code of
Ethics in the performance of their lawful duties insomuch as they may be applicable to the
performance thereof.
GENERAL PRINCIPLES UNDERLYING THE CODE OF ETHICS
• The stability and proper operation of democratic representative government depends upon
public confidence in the integrity of the government, and upon responsible exercise of the
trust conferred by the people upon their elected officials.
• Governmental decisions and policy must be made and implemented through proper channels
and processes of the governmental structure.
Board members must be able to act in a manner that maintains their integrity and
independence, yet is responsive to the interests and needs of those they represent.
• Board members must always remain aware that at various times they play different roles:
o As advocates, who strive to advance the legitimate needs of their citizens and residents,
o As legislators, who balance the public interest and private rights in considering and
enacting ordinances, orders, and resolutions, and
o As fair and impartial decision -makers, when making quasi-judicial and administrative
determinations.
Board members must know how to distinguish among these roles, to determine when each role is
appropriate, and to act accordingly.
• Board members must be aware of their obligation to conform their behavior to standards of
ethical conduct that warrant the trust of their constituents. Each official must find within his
or her own conscience the touchstone by which to determine what conduct is appropriate.
CODE OF ETHICS
Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of
conduct for the Randolph County Board of Commissioners and to provide guidance in
determining what conduct is appropriate in particular cases. It should not be considered a
substitute for the law or for a board member's best judgment.
Section 1. The need to obey all applicable laws regarding official actions taken as a board
member.
(a) Board members should obey all laws that apply to their official actions as members of the
board. Board members should be guided by the spirit, as well as, the letter of the law in
whatever they do. At the same time, board members should feel free to assert policy positions
and opinions without fear of reprisal from fellow board members or citizens. To assert that a
board member is behaving unethically due to the fact that one has a disagreement with that
board member based on a question of policy (and not on the board member's ethical
behavior) is unfair, dishonest, irresponsible, and is itself unethical.
(b) Board members should endeavor to keep themselves up-to-date, through the board's attorney
and other sources, on 1) the pertinent constitutional, statutory, and other legal requirements
with which they must be familiar, and 2) about new or ongoing legal and ethical issues that
they may face in the official positions.
(c) Board members shall comply with General Statute §160A-87 (Ethics law) and participate in
the periodic ethics education mandated by said statute.
Section 2. The need to uphold the integrity and independence of the board member's office.
(a) Board members should act with integrity and with independence from improper influence as
they exercise the functions of their offices. Characteristics and behaviors that are consistent
with this standard are:
• Adhering firmly to a code of sound values.
• Behaving consistently and with respect towards everyone with whom they interact.
• Exhibiting trustworthiness.
• Living as if they are on duty as elected officials regardless of where they are or what they are
doing.
• Using their best independent judgment to pursue the common good as they see it, presenting
their opinions to all in a reasonable, forthright, consistent manner.
• Remaining incorruptible, self-governing, and not subject to improper influence, while at the
same time being able to consider the opinions and ideas of others.
• Disclosing contacts and information about issues that they receive outside of public meetings,
and refraining from seeking or receiving information about quasi-judicial matters outside of
the quasi-judicial proceedings themselves.
• Treating other board members and the public with respect, and honoring the opinions of
others even when they disagree.
• Not reaching conclusions on issues until all sides have been heard.
• Showing respect for their office and not behaving in ways that reflect poorly on it.
• Recognizing each board member is apart of a larger group and acting accordingly.
• Recognizing that individual board members are not generally allowed to act on behalf of the
board, but may only do so if the board specifically authorizes it, and that the board must take
official action as a body.
(b) Board members should feel free to assert policy positions and opinions without fear of
reprisal from fellow board members or citizens. To assert that a board member is behaving
unethically due to the fact that one has a disagreement with that board member based on a
question of policy (and not on the boards member's unethical behavior) is unfair, dishonest,
irresponsible, and is itself unethical.
Section 3. The need to avoid impropriety in the exercise of the board member's official duties.
(a) Board members should avoid impropriety in the exercise of their official duties. Their official
actions should be above reproach. Consideration of whether a board member's actions were
improper should be considered in light of the circumstances and information available to the
board member at the time of the board member's action.
(b) If a board member concludes that his or her actions, while legal and ethical, may be
misunderstood, he or she may seek the advice of the board's attorney. He or she may also
state on the record the facts of the situation and the steps taken to resolve it.
(c) In the instance of alleged impropriety by any board member, the board member shall be
afforded the opportunity to explain the situation and all relevant facts.
Section 4. The need to faithfully perform the duties of the office.
(a) Board members should be faithful in the performance of the duties of their offices. They
should act as especially responsible citizens whom others can trust and respect. They should
set a good example for others in the community, keeping in mind that trust and respect must
continually be earned.
(b) Board members should faithfully attend and prepare for meetings. They should carefully
analyze all credible information that is properly submitted to them, mindful of the need not to
engage in communications outside the meeting in quasi-judicial matters. Board members
should require full accountability from those over whom the board has authority.
(c) Board members should be willing to bear their fair share of the board's workload. To the
extent appropriate, they should be willing to put the board's interests ahead of their own.
Section 5. The need to conduct the affairs of the governing board in an open and public
manner, including complying with all applicable laws governing open meetings and public
records.
(a) Board members should conduct the affairs of their boards in an open and public manner.
They should comply with all applicable laws governing open meetings and public records,
recognizing that doing so is an important way to be worthy of the public's trust. They should
remember when they meet that they are conducting the public's business. They should also
remember that the records of their local government belong to the public and not to
themselves or their employees.
(b) Board members should make clear that a climate of transparency and candor is to be
maintained at all times in County government and should prohibit unjustified delay in
fulfilling public records requests.
(c) In order to ensure strict compliance with the laws governing openness, board members
should take deliberate steps to ensure that any closed sessions held by the board are lawfully
conducted, and that such sessions do not stray from the purposed for which they are called.
• approve DOT Resolution Adding Mountain Oak View Drive to State Roads System, as
follows:
WHEREAS, the Department of Transportation has investigated Mountain Oak View Drive in
the Mountain Oak View Subdivision; and
WHEREAS, the subject street has been found to meet minimum requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners
that Mountain Oak View Drive in the Mountain Oak View Subdivision be added to the Division of
Highways' Secondary Road System.
• approve Budget Amendment #20 for Aging Services (Additional HCCBG & USDA Funds) &
Form DOA -731, as, follows:
2010-2011 BUDGET ORDINANCE
General Fund
Amendment #20
Revenues
Increase Decrease
Restricted Intergovernmental
$30,933
Appropriations
Increase Decrease
Other Human Services Appropriations
$30,933
• approve Budget Amendment # 21 for Health Department (TRU Grant);
2010-2011 BUDGET ORDINANCE
General Fund Amendment #21
Revenues Increase Decrease
Restricted Intergovernmental $1,200
Appropriations Increase Decrease
Public Health $1,200
• reappoint Mike Fogleman to Liberty Planning & Zoning Board;
• appoint Jim Norman to the Tax Commission and the Board of Equalization and Review;
• adopt Resolution Approving Submission of Application for Grant Funds for Community
Services Block Grant for Joint Orange Chatham Community Action Designation, as follows:
RESOLUTIONApproving Submission Of Application For Grant Funds For Community
Services Block Grant To NC Office Of Economic Opportunity
WHEREAS, the Federal Government has provided Community Services Block Grant funding
to the state ofNorth Carolina; and
WHEREAS, the NC Office of Economic Opportunity has been delegated the responsibility
for the administration of this grant program, establishing necessary procedures; and
WHEREAS, Randolph County is eligible to receive an allotment of funds to support the low
income citizens of this county; and
WHEREAS, Joint Orange Chatham Community Action, Inc. (JOCCA), if selected, will enter
into an agreement with the NC Office of Economic Opportunity to carry out this program.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners
1. Certifies that the Randolph County Board of Commissioners will support Joint Orange
Chatham Community Action, Inc. through representation on the agency's Board of Directors,
should the agency be designated as the CSBG eligible entry; and
2. Approves the filing of a designation application by Joint Orange Chatham Community
Action, Inc.; and
3. Approves Joint Orange Chatham Community Action, Inc., if selected by the Governor as
Randolph County's designee or eligible entity, to complete the application for funding; and
4. Certifies that Joint Orange Chatham Community Action, Inc. will submit its application and
future initial planning applications to the Randolph County Commissioners for review at
least 30 days prior to due date.
• reappoint Chris Corsbie to the Asheboro Planning Board.
Additions to New Business Agenda
Chairman Holmes announced that the following item had been added to the New Business
section of the agenda: Item H. Set Special Meeting Date for South Wake Regional Landfill tour
(Suggest Dec. 29) Chairman Holmes
Public Hearing and Approval of State Required Amendments to the Randleman Lake
Buffer Rules
Hal Johnson, Planning & Zoning Director, said that on June 1, 2010, the N.C. Environmental
Management Commission (EMC) adopted revised rules governing the Randleman Lake Water
Supply Watershed and mandated that local governments adopt the revisions by December, 2010.
The purpose in adopting the revised rules is to clarify local enforcement procedures necessary to
protect and preserve existing riparian buffers throughout the Randleman Lake Watershed in
order to maintain the nutrient removal and stream protection functions. 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. Well vegetated streamside riparian
areas help to remove nitrogen and prevent sediment and other pollutants from reaching streams
feeding into the Randleman Lake.
The revised rules clarify potential new uses within the buffers and categorizes them as
exempt, allowable, or allowable with mitigation. All uses not categorized 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 obtained from the proper local or state authority.
Randolph County has maintained special watershed protection regulations around the
Randleman Lake since January 1988. The State mandated that Randleman Lake Watershed
protection regulations be adopted by December 6, 1999. Randolph County watershed regulations
have always required a 50' riparian buffer along all existing streams. This requirement has had a
major impact on water quality in all county watersheds.
Mr. Johnson presented amendments (listed below in motion) for the Board's consideration to
Chapter 4, Watershed Protection Ordinance, Unified Development Ordinance, saying that the
amendments are based on the state model and that they have been reviewed and recommended
for approval by the County Planning Board:
At 4:40 p.m., Chairman Holmes opened the public hearing. Hearing no comments, the public
hearing was closed.
On motion of Kemp, seconded by Frye, the Board voted unanimously to approve amendments
to the County Watershed Regulations, Revised Randleman Lake Buffer and Buffer Mitigation
Rules, as follows:
Delete Section 6. Criminal Penalties and Section 7. Remedies of Chapter
4. Randolph County Watershed Protection Ordinance, Article I.
Authority and General Regulations.
Amend Chapter 4. Randolph county Watershed Protection Ordinance, Article I. Authority and
General Regulations to include new Section 6. Compliance and Enforcement
New Section 6. Compliance and Enforcement
A. Site Inspections
1. Agents, officials, or other qualified persons authorized by the Randolph County
Planning Director may periodically inspect riparian buffers to ensure compliance
with this ordinance.
2. Notice of the right to inspect shall be included in the letter of approval of each
variance and buffer authorization.
3. Authority to Enter Property and Conduct Investigations and Inspections
Authorized agents, officials or other qualified persons shall have the authority, upon
presentation of proper credentials, to enter and inspect at reasonable times any
property, public or private, for the purpose of investigating and inspecting the site of
any riparian buffer. No person shall willfully resist, delay, or obstruct an authorized
representative, employee, or agent of Randolph County, while that person is
inspecting or attempting to inspect a riparian buffer nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out
their official duties. The County Planning Director shall have the power to conduct
such investigations as deemed reasonably necessary to carry out the duties as
prescribed in this Ordinance.
4. Notice of Violation
a. If it is determined that a person has failed to comply with the requirements of this
Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a
notice of violation shall be served upon that person. The notice may be served by
any means authorized under G.S. IA -1, rule 4. In the event service cannot be
accomplished by registered or certified mail, it may be accomplished in any
manner provided in rule (4)j of the North Carolina Rules of Civil Procedure.
b. The notice shall specify the violation and inform the person of the actions that
need to be taken to comply with this Ordinance, or rules or orders adopted
pursuant to this Ordinance. The notice shall direct the person to correct the
violation within a specified reasonable time. The notice shall inform the person
that any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued pursuant to this
Ordinance is subject to the civil and criminal penalties and other enforcement
actions as provided in this Ordinance.
S. Power to Require Statements
The Randolph County Planning Director shall also have the power to require written
statements, or the filing of reports under oath, with respect to pertinent questions
relating to land -disturbing activities.
B. Civil Penalties
1. Assessment ofPenalties
Any person who violates or fails to act in accordance with any of the provisions of
this Ordinance or rules or orders adopted or issued pursuant to this Ordinance shall
be subject to a civil penalty. A civil penalty for a violation may be assessed in an
amount not less than five hundred dollars ($500) per day. If any violation for which a
penalty may be assessed is continuous, a civil penalty may be assessed for each day
of the violation for as long as the violation occurs. Each day of a continuing
violation shall constitute a separate violation under Section 6. (B)(1).
C. Criminal Penalties
1. Any person who negligently violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class 2 misdemeanor which
may include a fine not less than five hundred dollars ($500) per day of violation.
2. Any person who knowingly or willingly violates any provision of this Ordinance or
rule or order adopted pursuant to this Ordinance, shall be guilty of a Class I felony
which may include a fine not less than five hundred dollars ($500) per day of
violation.
3. Any person who knowingly violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class C felony which may
include a fine not less than five hundred dollars ($500) per day of violation.
D. Injunctive Relief
1. Civil Action in Superior Court
Whenever the Randolph County Planning Director has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or
order adopted or issued pursuant to this Ordinance, it may, either before or after the
institution of any other action or proceeding authorized by this Ordinance, institute a
civil action in the name of Randolph County for injunctive relief to restrain the
violation or threatened violation. The action shall be brought in the Superior Court
of Randolph County.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate the
violation, to ensure that restoration is performed, or to prevent the threatened
violation. The institution of an action for injunctive relief under this section shall not
relieve any party to the proceedings from any civil or criminal penalty prescribed for
violations of this Ordinance.
E. Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who fails to meet the
requirements of this Ordinance shall be deemed in violation of this Ordinance.
Replace Section 8b. Riparian Area Protection within the Randleman Lake Watershed Chapter 4.
Randolph County Watershed Protection Ordinance, Article I. Authority and General Regulations, as
follows:
Section 8b. Riparian Area Protection within the Randleman Lake Watershed
(A) Intent - the purpose in adopting the following regulations are to protect and preserve existing
riparian buffers throughout the Randleman Lake Watershed as generally described in Rule 15A NCAC
02B. 0250 (Randleman Lake Water Supply Watershed: Nutrient Management Strategy), in order to
maintain their nutrient removal and stream protection functions. Additionally this Ordinance will help
protect the water supply uses of Randleman Lake Reservoir and of designated water supplies throughout
the Randleman Lake 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 food
damage in food 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.
(1) Buffers Protected.
The following minimum criteria shall be used for identifying regulated buffers:
(a) This Ordinance shall apply to activities conducted within 50 foot wide riparian
buffers directly adjacent to surface waters in the Randleman Lake watershed
(intermittent streams, perennial streams, lakes, reservoirs, ponds and specified
ditches), excluding wetlands.
(b) 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.
(c) For the purpose of this Ordinance, surface waters shall be subject to the
requirements of this Ordinance if they are approximately shown on any of the
following references, or if there is other site specific evidence that indicates to the
Randolph County Planning Department the presence of waters not shown on any of
these maps:
(1) The most recent version of the hardcopy soil survey maps prepared by the
Natural Resources Conservation Service of the United States Department of
Agriculture.
(2) The most recent version of the United States Geologic Survey (USGS)
1:24, 000 scale (7.5 minute) quadrangle topographic maps.
(3) A map approved by the Geographic Information Coordinating Council and
by the NC Environmental Management Commission. Prior to approving a
map under this Item, the Commission shall provide a 30 -day public notice
and opportunity for comment.
(4) A map developed by the local government and approved by the NC
Environmental Management Commission per 15A NCAC 02B. 0250(4) (c).
(d) Item is in question, upon request of the NC Division of Water Quality or another
party, the Randolph County Planning Department shall make an on-site
determination. A Randolph County Planning Department representative who has
successfully completed the Division's 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 or from the NC Division of Water Quality - 401 Oversight Express
Permitting Unit, or its successor. The Randolph County Planning Department 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 c% the 401 Oversight
Express Permitting Unit, or its successor, in writing. The Director's determination is
subject to review as provided in Articles 3 and 4 of G. S 150B.
(e) Riparian buffers protected by this Ordinance shall be measured pursuant to Section
8b. (A) (4) of this Ordinance.
0 Parties subject to this Ordinance 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.
(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 Randolph County Planning
Department. Upon request, a Randolph County Planning Department representative who
has successfully completed the Division of Water Quality's Surface Water Identification
Training Certification course, its successor, or other equivalent training curriculum
approved by the Division, shall make an on-site determination. The County Planning
Director 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 of Water Quality c% the 401 Oversight Express
Permitting Unit, or its successor, in writing. A determination by the Director as to the
accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of
G. S 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:
(a) Ditches and manmade conveyances, to include manmade stormwater conveyances,
other than modified natural streams, unless the ditch or manmade conveyance
delivers untreated stormwater runoff from an adjacent source directly to an
intermittent or perennial stream.
(b) Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries
on the most recent versions of the United States Geological Survey 1:24, 000 scale
(7.5 minute quadrangle) topographic maps, hard -copy soil survey maps, or other
EMC approved stream maps where no perennial waterbody, intermittent waterbody,
lake, pond or estuary actually exists on the ground.
(c) Ephemeral streams.
(d) Ponds and lakes created for animal watering, irrigation, or other agricultural uses
that are not part of a natural drainage way that is classified in accordance with 15A
NCAC 02B . 0100. Ponds are part of the natural drainage way when they are
hydrologically connected (i. e. the pond is fed by an intermittent or perennial stream)
or when they have a direct discharge point to an intermittent or perennial stream.
(3) Exemption when Existing Uses are Present and Ongoing.
This Ordinance shall not apply to uses that are existing and ongoing; however, this
Ordinance 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:
(a) It was present within the riparian buffer as of the December 6, 1999. 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
Ordinance. 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 December 6, 2010, 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.
(b) Projects or proposed development that are determined by the County Planning
Director to meet at least one of the following criteria:
(1) Project requires a 401 Certification/404 Permit and these were issued prior
to the December 6, 2010, and prior to the December 6, 2010.
(2) 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 December
6, 2010;
(3) 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 December 6, 2010; or
(4) 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 ofNo Significant Impact has been issued
for the project and the project has the written approval of the County
Planning Director prior to the December 6, 2010.
(4) Zones of the Riparian Bum.
The protected riparian buffer shall have two zones as follows:
(a) Zone One shall consist of a vegetated area that is undisturbed except for uses
provided for in the Table of Uses, Section 8b. (B) (2) of this Ordinance. The location of
Zone One shall be as follows:
(1) For intermittent and perennial streams, Zone One shall begin at 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 top of the bank.
(2) For ponds, lakes and reservoirs located within a natural drainage way, Zone
One shall begin at the normal water level and extend landward a distance of
30 feet, measured horizontally on a line perpendicular to a vertical line
marking the normal water level.
(b) Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses
provided for in the Table of Uses, Section 8b. (B) (2) of this Ordinance. 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
(S) Diffuse Flow Requirements.
Diffuse f ow 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:
(a) Concentrated runofffrom 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;
(b) Periodic corrective action to restore diffuse flow shall be taken as necessary and
shall be designed to impede the formation of erosion gullies; and
(c) Asset out in Sections 8b. (A) (4) and 8b. (B) (2) of this Ordinance, The 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, Section
8b. (B) (2) of this Ordinance, addressing stormwater management ponds, drainage
ditches, roadside ditches, and stormwater conveyances.
(B) Potential Uses andAssociated Requirements
(1) Approval for New Development.
The Randolph County Planning Director shall issue an approval for new development only if
the development application proposes to avoid impacts to riparian buffers defined in Section
8b. (A)(]) of this Ordinance, or where the application proposes to impact such buffers, it
demonstrates that the applicant has done the following, as applicable:
(a) Determined the activity is exempt from requirements of this Ordinance;
(b) Received an Authorization Certificate from the Randolph County Planning Director
pursuant to Section 8b. (C) (1) of this Ordinance;
(c) For uses designated as Allowable with Mitigation in the Table of Uses in Section
8b. (B) (2), received approval of mitigation plan pursuant to Section 8b. (C) (3) of this
Ordinance; and
(d) Received a variance pursuant to Section 8b. (C) (2).
(2) Table of Uses.
The following chart sets out potential new uses within 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 Section 8b. (C) (3) of this Ordinance, Variances. The
requirements for each category are given in Section 8b. (B) (3) of this Section following the
Table of Uses.
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
Ordinance and no impervious surface is added to the
riparian buffer
Pedestrian access trails that exceed 4 feet in width of
X
buffer disturbance, the installation or use results in
removal of trees as defined in this Ordinance or
impervious surface is added to the riparian buffer
Airport facilities:
Airport facilities that impact equal to or less than 150
X
linear 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 (e.g.
X
radar uses or landing strips)'
Archaeological activities
In Zones land 2 and are designed, constructed and
X
maintained to provide the maximum sediment removal
and erosion protection, to have the least adverse effects
on aquatic life and habitat, and to protect water quality
to the maximum extent practical
Bridges
X
Canoe Access provided that installation and use does not
X
result in removal of trees as defined in this Ordinance and
no impervious surface is added to the buffer
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Dam maintenance activities:
Dam maintenance activities that do not cause additional
buffer disturbance beyond the footprint of the existing
dam or those covered under the US Army Corps of
Engineers Nationwide Permit
Dam maintenance activities that do cause additional buffer
disturbance beyond the footprint of the existing dam or
those not covered under the U.S. Army Corps of
Engineers Nationwide Permit
V
IM
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Use
Exempt*
Allowable*
Allowable with
Mitigation
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
X
New stormwater flows to existing drainage ditches,
X
roadside ditches, and stormwater conveyances provided
flows do not alter or result in the need to alter the
X
conveyance and are managed to minimize the sediment,
nutrients and other pollution that convey to waterbodies.
Realignment of existing roadside drainage ditches
X
retaining the design dimensions, provided that no
X
additional travel lanes are added and the minimum
required roadway typical section is used based on traffic
X
and safety considerations.
New or altered drainage ditches, roadside ditches and
X
stormwater outfalls provided that a stormwater
X
management facility is installed to control nutrients 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
X
provide a stormwater management facility due to
topography constraints provided that other practicable
BMPs are employed.
Drainage of a pond in a natural drainage way provided
X
that a new riparian buffer that meets the requirements of
Items 8b. (A) (4) and 8b. (A) (5) of this Ordinance is
established adjacent to the new channel.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Driveway crossings of streams and other surface waters
subject to this Ordinance:
Driveway crossings on single family residential lots that
X
disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
Driveway crossings on single family residential lots that
X
disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
In a subdivision that cumulatively disturb equal to or less
X
than 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 Ordinance
Use
Exempt*
Allowable*
Allowable with
maintained to maximize nutrient removal and erosion
Mitigation
Fences:
Fences provided that disturbance is minimized and
X
installation does not result in removal of trees as defined
in this Ordinance
Fences provided that disturbance is minimized and
X
X
installation results in removal of trees as defined in this
Ordinance
Fertilizer application: one-time application to establish
X
vegetation
X
Grading and revegetation in Zone Two provided that
X
diffuse flow and the health of existing vegetation in Zone
One is not compromised and disturbed areas are stabilized
until they are revegetated.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Greenway / hiking trails designed, constructed and
X
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
Historic preservation:
Designed, constructed and maintained to provide the
X
maximum nutrient removal and erosion protection, to have
the least adverse effects on aquatic life and habitat, and to
protect water quality to the maximum extent practical.
Maintenance access on modified natural streams: a
X
grassed travel way on one side of the water body when less
impacting alternatives are not practical. The width and
specifications of 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
X
provided that new riparian buffers that meet the
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance are established adjacent to the relocated
channels
Mining activities that are not covered by the Mining Act
X
OR where new riparian buffers that meet the
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance are not established adjacent to the relocated
channels
Wastewater or mining dewatering wells with approved
X
NPDES permit
Use
Exempt*
Allowable*
Allowable with
Mitigation
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 in natural drainage ways, excluding dry ponds:
New ponds provided that a riparian buffer that meets the
X
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance is established adjacent to the pond
New ponds where a riparian buffer that meets the
X
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance is NOT established adjacent to the pond
Protection of existing structures, facilities and stream
X
banks when this requires additional disturbance of the
riparian buffer or the stream channel
Railroad impacts other than crossings of streams and other
X
surface waters subject to this Ordinance.
Railroad crossings of streams and other surface waters
subject to this Ordinance:
Railroad crossings that impact equal to or less than 40
X
linear feet of riparian buffer
Railroad crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
Railroad crossings that impact greater than 150 linear feet
X
or one-third of an acre of riparian buffer
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Recreational and accessory structures:
Sheds and gazebos in Zone Two, provided they are not
prohibited under local water supply ordinance:
o Total footprint less than or equal to 150 X
square feet per lot.
o Total footprint greater than 150 square X
feet per lot.
Wooden slatted decks and associated steps, provided the
use meets the requirements of Sections 8b. (A) (4) and
8b. (A) (S) of this Ordinance: X
o Deck at least eight feet in height and no
vegetation removed from Zone One.
o Deck less than eight feet in height or
vegetation removed from Zone One.
X
Removal of previous fill or debris provided that diffuse X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other X
surface waters subiect to this Ordinance
Use
Exempt*
Allowable*
Allowable with
Mitigation
Road crossings of streams and other surface waters subject
to this Ordinance:
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
X
equal to or less than 150 linear feet or one-third of an
acre of riparian buffer
Road crossings that impact greater than 150 linear feet or
X
one-third of an acre of riparian buffer
Road relocation: Relocation of existing private access
roads 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
X
Zone Two if diffuse flow of discharge is provided into
Zone One
Wet detention, bioretention, and constructed wetlands in
X
Zone One
Scientific studies and stream gauging:
In Zones One and Two if they are designed, constructed
X
and maintained to protect water quality to the maximum
extent practical.
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 Section
8b. (C) (3) (g) of this Ordinance:
Less than or equal to 2,500 square feet of buffer
X
disturbance
Greater than 2,500 square feet of buffer disturbance
X
Associated with culvert installation or bridge construction
X
or replacement.
*To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Use
Exempt*
Allowable*
Allowable with
Mitigation
Temporary sediment and erosion control devices, provided
that the disturbed area is restored to pre -construction
topographic and hydrologic conditions immediately after
X
construction is complete and replanted immediately with
comparable vegetation, except that tree planting may occur
X
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
X
restoration criteria in Section 8b.(C)(3)(g) of this
X
Ordinance:
In Zone Two provided ground cover is established within
X
timeframes required by the Sedimentation and Erosion
Control Act, vegetation in Zone One is not compromised,
and runoff is released as diffuse flow in accordance with
Section 8b. (A) (S) of this Ordinance.
In Zones One and Two to control impacts associated with
X
uses approved by[Municipalioy unty/ or that have
received a variance, 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
X
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the Federal
Water Pollution Control Act.
In -stream temporary erosion and sediment control
X
measures for work within a stream channel.
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Ordinance 2'3's:
Disturb equal to or less than 150 linear feet of riparian
X
buffer
Disturb greater than 150 linear feet of riparian buffer
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Utility, electric, aerial, other than perpendicular
s
crossings
Impacts in Zone Two
Impacts in Zone One 2,3
X
X
Utility, electric, underground, perpendicular crossings3,4,5:
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
crossings4
Impacts in Zone Two
X
Impacts in Zone One'
X
Use
Exempt*
Allowable*
Allowable with
Mitigation
Utility, non -electric, perpendicular crossings of streams
and other surface waters subject to this Ordinance 4,5
X
Disturb equal to or less than 40 linear feet of riparian
X
X
buffer with a maintenance corridor equal to or less than
10 feet in width
X
Disturb equal to or less than 40 linear feet of riparian
X
buffer with a maintenance corridor greater than 10 feet
X
in width
X
Disturb greater than 40 linear feet but equal to or less than
X
X
150 linear feet of riparian buffer with a maintenance
corridor equal to or less than 10 feet in width
X
Disturb greater than 40 linear feet but equal to or less than
150 linear feet of riparian buffer with a maintenance
X
corridor greater than 10 feet in width
Disturb greater than 150 linear feet of riparian buffer
X
Removal of poison ivy
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Utility, non -electric, other than perpendicular crossings4.5:
Impacts in Zone Two
Impacts in Zone One'
X
X
Vegetation management:
Emergency fire control measures provided that topography
X
is 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
X
function of the forest vegetation is not compromised
Removal of individual trees that are in danger of causing
X
damage to dwellings, other structures or human life, or
are imminently endangering stability of the streambank.
Removal of individual trees which are dead, diseased or
damaged.
X
Removal of poison ivy
Removal of invasive exotic vegetation as defined in:
X
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
X
Environment and Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline #30
Vehicular access roads leading to water -dependent
X
structures as defined in 15A NCAC 02B. 0202, provided
they do not cross the surface water and have minimum
practicable width not exceeding ten feet.
Water dependent structures as defined in 15A NCAC 02B
X
.0202 where installation and use result in disturbance to
riparian buffers.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b.(B)(3) of this
Ordinance.
Water supply reservoirs:
Allowable with
Use
Exempt*
Allowable*
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Mitigation
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b.(B)(3) of this
Ordinance.
Water supply reservoirs:
New reservoirs where a riparian buffer that meets the
X
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance is established adjacent to the reservoir
New reservoirs where a riparian buffer that meets the
X
requirements of Sections 8b. (A) (4) and 8b. (A) (S) of this
Ordinance is not established adjacent to the reservoir
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 NC
X
Division of Water Quality approval for the use of a 401
Water Quality Certification
Wetland, stream and buffer restoration that does not
X
require Division of Water Quality approval for the use of
a 401 Water Quality Certification
Wildlife passage structures
X
'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 Sections 8b. (A) (4) and 8b. (A) (S)
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 the County Planning Director, as defined in Section
8b. (C) (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
3Provided that poles or aerial infrastructure shall not be installed within 10 feet of a
water body unless the County Planning Director completes a no practical alternative
evaluation as defined in Section 8b. (C)(1).
"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 the County Planning Director, as defined in Section
8b. (C) (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.
5Perpendicular crossings are those that intersect the surface water at an angle between
75 degrees and 105 degrees.
(3) Requirements for Categories of Uses.
Uses designated in Section 8b. (B)(2) of this Section as exempt, allowable, and allowable with
mitigation within a riparian buffer shall have the following requirements:
(a) Exempt.
Uses designated as exempt are permissible without authorization by Randolph
County Planning Director provided that they adhere to the limitations of the activity
as defined in Section 8b. (B)(2) of this Section, the Table of Uses. In addition, exempt
uses shall be designed, constructed and maintained to minimize soil disturbance and
to provide the maximum water quality protection practicable, including construction,
monitoring, and maintenance activities.
(b) Allowable.
Uses designated as allowable may proceed provided that there are no practical
alternatives to the requested use pursuant to Section 8b. (C) (1) of this Section. This
includes construction, monitoring, and maintenance activities. These uses require
written authorization from the Randolph County Planning Director.
(c) Allowable with Mitigation.
Uses designated as allowable with mitigation may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 8b. (C) (1) of this
Section and an appropriate mitigation strategy has been approved pursuant to
Section 8b. (C)(3). These uses require written authorization from the Randolph
County Planning Director.
(C). Permits Procedures, Requirements, and Approvals
(1) Determination ofNo Practical Alternatives /Request for Authorization Certificate.
(a) 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 Randolph County Planning Director The applicant shall certify that the project
meets all the following criteria for finding "no practical alternatives ":
(1) 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;
(2) 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; and
(3) Best management practices shall be used if necessary to minimize
disturbance, preserve aquatic life and habitat, and protect water quality.
(b) The applicant shall also submit at least the following information in support of their
assertion of "no practical alternatives ":
(1) The name, address and phone number of the applicant;
(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map ofsufficient 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,-
(5)
and;(S) 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
(6) Plans for any best management practices proposed to be used to
control the impacts associated with the activity.
(c) Within 60 days ofa submission that addresses Section 8b. (C) (1) (b), the County
Planning Director shall review the entire project and make a finding of fact as to
whether the criteria in Section 8b. (C)(1)(a) of this Section have been met. A finding
of "no practical alternatives " shall result in issuance of an Authorization Certificate.
Failure to act within 60 days shall be construed as a finding of "no practical
alternatives " and an Authorization Certificate shall be issued to the applicant unless
one of the following occurs:
(1) The applicant agrees, in writing, to a longer period;
(2) The County Planning Director determines that the applicant has failed to
furnish requested information necessary to the County Planning Director's
decision;
(3) The final decision is to be made pursuant to a public hearing; or
(4) The applicant refuses access to its records or premises for the purpose of
gathering information necessary to the County Planning Director's decision.
(d) The County Planning Director may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of this Ordinance.
(e) Any appeals of determinations regarding Authorization Certificates shall be referred
to the Director of the Division of Water Quality, c% the 401 Oversight Express
Permitting Unit, or its successor The Director's decision is subject to review as
provided in G.S. 150B Articles 3 and 4.
(2) Variances.
(a) Requirements for Variances
Persons who wish to undertake prohibited uses may pursue a variance. The Board of
Adjustment (in Randolph County, the Board ofAdjustment serves as the Watershed
Review Board) may grant minor variances. For major variances, the County
Planning Director shall prepare preliminary findings and submit them to the Division
of Water Quality, 4 01 Oversight Express Permitting Unit, or its successor for
approval by the Environmental Management Commission. The variance request
procedure shall be as follows:
For any variance request, the County Board ofAdjustment shall make a finding
of fact as to whether there are practical difficulties or unnecessary hardships
that prevent compliance with the riparian buffer protection requirements. A
finding ofpractical difficulties or unnecessary hardships shall require that
the following conditions are met:
If the applicant complies with the provisions of this Ordinance, he/she
can secure no reasonable return from, nor make reasonable use of,
his/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 County Board of
Adjustment shall consider whether the variance is the minimum
possible deviation from the terms of this Ordinance that shall make
reasonable use of the property possible;
The hardship results from application of this Ordinance to the property
rather than from other factors such as deed restrictions or other
hardship;
The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, such that compliance with
provisions of this ordinance would not allow reasonable use of the
property;
The applicant did not cause the hardship by knowingly or unknowingly
violating this Ordinance;
The hardship is rare or unique to the applicant's property.
The variance is in harmony with the general purpose and intent of the State's
riparian buffer protection requirements and this Ordinance and preserves its
spirit; and
In granting the variance, the public safety and welfare have been assured, water
quality has been protected, and substantial justice has been done.
(b) Minor Variances
A minor variance request pertains to activities that will impact only Zone Two of the
riparian buffer Minor variance requests shall be reviewed and approved based on
the criteria in Section 8b. (C) (1) (a) through Section 8b. (C) (1) (c) by the County Board
ofAdjustment pursuant to G.S. 153A Article 18, or GS 160A Article 19. The County
Board ofAdjustment may attach conditions to the variance approval that support the
purpose, spirit and intent of the riparian buffer protection program. Request for
appeals to decisions made by the County Board ofAdjustment shall be made in
writing to the Director of the Division of Water Quality c% the 401 Oversight Express
Permitting Unit, or its successor The Director's decision is subject to review as
provided in GS. 150E Articles 3 and 4.
(c) Major Variances
A major variance request pertains to activities that will impact any portion of Zone
One or any portion of both Zones One and Two of the riparian buffer If the County
Board ofAdjustment or County Planning Director has determined that a major
variance request meets the requirements in Section 8b. (C) (2) (a), then it shall prepare
a preliminary finding and submit it to the NC Environmental Management
Commission c% the Division of Water Quality, 401 Oversight Express Permitting
Unit, or its successor, for approval. Within 90 days after receipt by the Planning
Director, the Commission shall review preliminary findings on major variance
requests and take one of the following actions: approve, approve with conditions and
stipulations, or deny the request. Appeals from a Commission decision on a major
variance request are made on judicial review to Superior Court.
(3) Mitigation
This item shall apply to persons who wish to impact a riparian buffer in the Randleman
Lake watershed when one of the following applies:
(1) A person has received an Authorization Certificate pursuant to Section
8b. (C) (1) of this Ordinance for a proposed use that is designated as
"allowable with mitigation; " or
(2) A person has received a variance pursuant to Section 8b. (C) (2) of this
Ordinance and is required to perform mitigation as a condition ofa variance
approval.
Issuance of the Mitigation Approval
The Randolph County Planning Director shall issue a mitigation approval upon
determining that a proposal meets the requirements set out in this Ordinance. The
approval shall identify at a minimum the option chosen, the required and proposed
areas, and either the mitigation location or the offset payment amount as applicable.
Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following options:
(1) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration
Fund pursuant to 15A NCAC 02B. 0269 (as referenced in 15A NCAC 02B
.0252(7)) contingent upon acceptance of payments by the NC Ecosystem
Enhancement Program, or to a private mitigation bank that complies with
banking requirements of the USArmy Corps of Engineers, currently set out
at
http://www.saw.usace.army.mil/WETLANDS/Mitigationlmitbanks.html or
from the USArmy Corps of Engineers, and the applicable trading criteria in
Rule 15A NCAC 02B. 0273;
(2) Donation of real property or of an interest in real property pursuant to
Section 8b. (C) (3) 0 of this Ordinance; or
(3) Restoration or enhancement of a non forested riparian buffer pursuant to the
requirements of Section 8b. (C) (3) (g) of this Ordinance.
The Area of Mitigation
The Randolph County Planning Director shall determine the required area of
mitigation, which shall apply to all mitigation options identified in Section
8b. (C) (3) (c) of this Ordinance and as further specified in the requirements for each
option set out in this Section, according to the following:
(1) The impacts in square feet to each zone of the riparian buffer shall be
determined by the County Planning Director by adding the following:
(a) The area of the footprint of the use causing the impact to the
riparian buffer;
(b) The area of the boundary of any clearing and grading activities
within the riparian buffer necessary to accommodate the use; and
(c) The area of any ongoing maintenance corridors within the riparian
buffer associated with the use.
(2) The required area of mitigation shall be determined by applying the
following multipliers to the impacts determined in Section 8b. (3)(d)(1) of this
Ordinance to each zone of the riparian buffer:
(a) Impacts to Zone One of the riparian buffer shall be multiplied by
three;
(b) Impacts to Zone Two of the riparian buffer shall be multiplied by
one and one-half and
(c) Impacts to wetlands within Zones One and Two of the riparian
buffer that are subject to mitigation under 15A NCAC 2H. 0506 shall
comply with the mitigation ratios in 15A NCAC 2H.0506.
The Location of Mitigation
For any option chosen, the mitigation effort shall be located within the Randleman
Lake watershed, as defined in 15A NCAC 02B. 0249, and the same distance and
upstream from the Randleman Lake Reservoir as the proposed impact, or closer to
and upstream of the Reservoir than the impact, and as close to the location of the
impact as feasible. Alternatively, the applicant may propose mitigation anywhere
within the Randleman Lake watershed, as defined in 15A NCAC 02B. 0249, provided
that the mitigation proposal accounts for differences in delivery of nutrients to the
Randleman Lake Reservoir resulting from differences between the locations of the
buffer impact and mitigation. Additional location requirements for the property
donation option are enumerated in Section 8b. (C) (3) 0 (3) (a) of this Ordinance.
Donation of Property
Persons who choose to satisfy their mitigation determination by donating real
property or an interest in real property shall meet the following requirements:
(1) The donation of real property interests may be used to either partially or
fully satisfy the payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B. 0252. The value of the property
interest shall be determined by an appraisal performed in accordance with
Section 8b. (C) (3) 0 (4) (d) of this Ordinance. The donation shall satisfy the
mitigation determination if the appraised value of the donated property interest
is equal to or greater than the required fee. If the appraised value of the donated
property interest is less than the required fee calculated pursuant to 15A NCAC
02B . 0252, the applicant shall pay the remaining balance due.
(2) The donation of conservation easements to satisfy compensatory
mitigation requirements shall be accepted only if the conservation easement is
granted in perpetuity.
(3) Donation of real property interests to satisfy the mitigation
determination shall be accepted only if such property meets all of the following
requirements:
(a) In addition to the location requirements of Section 8b.(C)(3)(e) of this
Ordinance, the property shall be located within an area that is identified as a
priority for restoration in, or is otherwise consistent with the goals of, the
Basinwide Wetlands and Riparian Restoration Plan for the Cape Fear River
Basin developed by NC Division of Water Quality pursuant to G.S. 143-
214.10;
(b) The property shall contain riparian buffers not currently protected by the
State's riparian buffer protection program that are in need of restoration as
defined in Section 8b. (C) (3) (g) (4) of this Ordinance;
(c) The restorable riparian buffer on the property shall have a minimum
length of 1000 linear feet along a surface water and a minimum width of 50
feet as measured horizontally on a line perpendicular to the surface water;
(d) The size of the restorable riparian buffer on the property to be donated
shall equal or exceed the area of mitigation responsibility determined
pursuant to Section 8b. (C) (3) (d) of this Ordinance;
(e) Restoration shall not require removal of man-made structures or
infrastructure;
0 The property shall be suitable to be successfully restored, based on
existing hydrology, soils, and vegetation;
(g) The estimated cost of restoring and maintaining the property shall not
exceed the value of the property minus site identification and transaction
costs;
(h) The property shall not contain any building, structure, object, site, or
district that is listed in the National Register of Historic Places established
pursuant to Public Law 89-665, 16 US C. 470 as amended;
(i) The property shall not contain any hazardous substance or solid waste;
(j) The property shall not contain structures or materials that present health
or safety problems to the general public. If wells, septic, water or sewer
connections exist, they shall be filled, remediated or closed at owner's
expense in accordance with state and local health and safety regulations;
(k) The property and adjacent properties shall not have prior, current, and
known future land use that would inhibit the function of the restoration
effort; and
(l) The property shall not have any encumbrances or conditions on the
transfer of the property interests.
(4) At the expense of the applicant or donor, the following information shall be
submitted to the County Planning Director with any proposal for donations or
dedications of interest in real property:
(a) Documentation that the property meets the requirements laid out in
Section 8b. (C) (3) 0 (3) of this Ordinance;
(b) US Geological Survey 1:24,000 (7.5 minute) scale topographic map,
county tax map, USDA Natural Resource Conservation Service County Soil
Survey Map, and county road map showing the location of the property to be
donated along with information on existing site conditions, vegetation types,
presence of existing structures and easements;
(c) A current property survey performed in accordance with the procedures
of the North Carolina Department ofAdministration, State Property Office
as identified by the State Board of Registration for Professional Engineers
and Land Surveyors in "Standards ofPractice for Land Surveying in North
Carolina. " Copies may be obtained from the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors;
(d) A current appraisal of the value of the property performed in accordance
with the procedures of the North Carolina Department of Administration,
State Property Office as identified by the Appraisal Board in the "Uniform
Standards of Professional North Carolina Appraisal Practice. " Copies may
be obtained from the Appraisal Foundation, Publications Department; and
(e) A title certificate.
(g) Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through riparian buffer
restoration or enhancement shall meet the following requirements:
(1) The applicant may restore or enhance a non forested riparian buffer if
either of the following applies:
(a) The area of riparian buffer restoration is equal to the required area of
mitigation determined pursuant to Section 8b. (C)(3)(d) of this Ordinance; or
(b) The area of riparian buffer enhancement is three times larger than the
required area of mitigation determined pursuant to Section 8b. (C) (3) (d) of
this Ordinance;
(2) The location of the riparian buffer restoration or enhancement shall
comply with the requirements in Section 8b. (C)(3)(d) of this Ordinance;
(3) The riparian buffer restoration or enhancement site shall have a
minimum width of 50 feet as measured horizontally on a line perpendicular to the
surface water;
(4) Enhancement and restoration shall both have the objective of
establishing a forested riparian buffer according to the requirements of this Item.
Enhancement shall be distinguished from restoration based on existing buffer
conditions. Where existing trees are sparse, that is greater than or equal to 100
trees per acre but less than 200 trees per acre, a buffer may be enhanced. Where
existing woody vegetation is absent, that is less than 100 trees per acre, a buffer
may be restored;
(S) The applicant shall first receive an Authorization Certificate for the
proposed use according to the requirements of Section 8b. (C) (1) of this
Ordinance. After receiving this determination, the applicant shall submit a
restoration or enhancement plan for approval by the County Planning Director
The restoration or enhancement plan shall contain the following:
(a) A map of the proposed restoration or enhancement site;
(b) A vegetation plan. The vegetation plan shall include a minimum of at
least two native hardwood tree species planted at a density sufficient to
provide 320 trees per acre at maturity;
(c) A grading plan. The site shall be graded in a manner to ensure diffuse
flow through the riparian buffer;
(d) A fertilization plan; and
(e) A schedule for implementation;
(6) Within one year after the County Planning Director has approved the
restoration or enhancement plan, the applicant shall present proof to the County
Planning Director that the riparian buffer has been restored or enhanced. If
proof is not presented within this timeframe, then the person shall be in violation
of both the State's and the Randolph County riparian buffer protection program;
(7) The mitigation area shall be placed under a perpetual conservation
easement that will provide for protection of the property's nutrient removal
functions; and
(8) The applicant shall submit annual reports for a period of five years after
the restoration or enhancement showing that the trees planted have survived and
that diffuse flow through the riparian buffer has been maintained. The applicant
shall replace trees that do not survive and restore diffuse flow if needed during
that five year period.
Add the following new General Definitions to Article VI: Definitions, Chapter 4. Randolph County
Watershed Protection Ordinance:
New General Definitions
For the purpose of these regulations, these terms shall be defined as follows:
Access Trails. Pedestrian trails constructed ofpervious or impervious surfaces and related structures to
access a surface water, including boardwalks, steps, rails, and signage.
Airport Facilities. 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 `airportfacilities'as used in GS 159-48(b)(1); the phrase
`aeronautical facilities'as defined in GS 159-81 and G.S. 159-97; and the phrase `airportfacilities 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 `airportfacilities':
1. Satellite parking facilities;
2. Retail and commercial development outside of the terminal area, such as rental car facilities; and
3. 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 `airportfacilities'.
Channel. 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.
DBH. Diameter at breast height of a tree measured at 4.5 feet above ground surface level.
Development. The same as defined in Rule 15A NCAC 2B. 0202(23).
Ditch. A man-made, open drainage way in or into which excess surface water or groundwater from land,
stormwater runoff, or floodwaters flow either continuously or intermittently.
Ephemeral stream. A feature that carries only stormwater indirect response to precipitation with water
flowing only during and shortly after large precipitation events. An ephemeral stream may or may not
have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is
the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and
physical characteristics commonly associated with the continuous or intermittent conveyance of water.
Existing development. Development, other than that associated with agricultural or forest management
activities, that meets one of the following criteria:
(1) It either is built or has established a vested right based on statutory or common law as
interpreted by the courts, for projects that do not require a state permit, as of the effective date of
either local new development stormwater programs implemented under Rule 15A NCAC 2B
.0265 (Randleman Lake Water Supply Nutrient Strategy: Stormwater Management for New
Development) or, for projects requiring a state permit, as of the applicable compliance date
established in Rule 15A NCAC 2B. 0251 (Randleman Lake Water Supply Nutrient Strategy:
Stormwater Requirements), Items (5) and (6).
Greenway /Hiking Trails. 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.
High Value Tree. 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.
Intermittent stream. A well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the continuous conveyance of water.
Modified natural stream. An on-site channelization or relocation of a stream channel and subsequent
relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate
watershed. A modified natural stream must have the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
New Development. Any development project that does not meet the definition of existing development set
out in this Ordinance.
Perennial stream. A well-defined channel that contains water year round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the
primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream
exhibits the typical biological, hydrological, andphysical characteristics commonly associated with the
continuous conveyance of water.
Perennial waterbody. A natural or man-made basin, including lakes, ponds, and reservoirs, that stores
surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose of
the State's riparian buffer protection program, the waterbody must be part of a natural drainage way
(i.e., connected by surface flow to a stream).
Shoreline stabilization. Is the in-place stabilization ofan 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.
Stream restoration. Is defined as the process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and floodprone 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.
Stump diameter. The diameter of a tree measured at six inches above the ground surface level.
Surface waters. All waters of the state as defined in G. S. 143-212 except underground waters
Temporary road. 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.
Tree. A woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six
inch
Update on Regional Landfill Proiect
David Townsend, III, Public Works Director, said that plans are moving forward with the
proposed regional landfill project. Since the contract for soils borings was awarded last month,
the drilling company has found some rock and some good dirt. Mr. Townsend said that he's
hopeful that the consultant will be ready to present the Fatal Flaws study to the Board in January.
Authorization to Proceed with Jail Renovation
Allen McNeill, Sheriffs Office Business Manager, reminded the Board that Brennan
Architects conducted a study concerning the County's needs for additional prisoner bed space at the
jail. Brennan presented their recommendations to the Board in December 2008. The proposal basically
recommended a three-phase approach to insure acceptable bed space in the short-term, mid-term, and
long-term. The first phase was to convert an existing jail multi-purpose room into prisoner bed space
for working inmates, and add a covered secure courtyard, which would be the entry to a new housing
unit that would be constructed in the near future. The second phase would be to add a new 48 -bed
housing unit. The third phase would renovate one existing housing unit by adding plumbing and door
renovations. Due to the growing problem with overcrowding at the jail, Mr. McNeill asked the Board's
authorization to begin the Phase One Project. This renovation of the existing jail multi-purpose room
would add 12 new beds for working inmates and move them from an existing 25 -bed dorm, which
would then allow that dorm to be reclassified, thus making use of unused bed space. The cost estimate
in 2008 was $150,000. Mr. McNeill and Sheriff Maynard Reid said that funding for half the cost of the
project is available using Law Enforcement Restricted Funds.
On motion of Haywood, seconded by Frye, the Board voted unanimously to authorize the
Sheriff to proceed with jail renovations, as requested, using half the funds from Law
Enforcement Restricted Funds and the other half from Appropriated Fund Balance up to
$100,000.
Bid Award for Central Permitting Software Solution
Michael Rowland, Information Technology Director, said that the Central Permitting
Software currently in use was developed in-house in 1991 using the Pick programming language.
The software has become difficult to maintain and support due to the age of the system and the
loss of Pick programming skills, and the reliability of the system has become a major concern. It
is one of the last applications running on the legacy Pick system, which the County has been
phasing out since 2003. The replacement of the existing Central Permitting software was
approved as part of the 2007 Strategic Technology Work Plan. The 2010 Strategic Technology
Work Plan allocated additional funding to the project using savings and earnings from other
Technology Work Plan projects. The Central Permitting software is vital to the following
departments: Planning & Zoning, Building Inspections, 911 -Addressing, Fire Marshal, Appraisal
section of the Tax Department and the Environmental Health Division of the Health Department.
Pursuant to N.C. General Statute 143-129.8, the following proposals were received that met
the RFP requirements:
Vendor
Information:
Infor
(CA)
IIS
Opt 2
(NC)
PermitSoft
(CA)
EnerGov
(GA)
Computer
Software
(PA)
Municipal
Software
(BC)
IIS
Opt 1
(NC)
New
World
(MI)
Software
177,500
145,000
375,000
259,939
200,800
168,000
145,000
152,100
Hardware/OS
50,000
21,000
Options
Other
Services
725,420
544,176
145,000
292,437
330,600
321,020
153,605
108,000
Total
902,920
689,176
570,000
552,376
552,400
489,020
298,605
260,100
Ist year maint.
35,500
39,000
89,800
46,870
42,660
59,600
39,000
27,040
Grand Total
938,420
728,176
659,800
599,246
595,060
548,620
337,605
287,140
Mr. Rowland said that, after extensive review, we found that no one vendor's proposal
included everything we desired in the project. After evaluating the ratings on each proposal, the
most cost effective, responsive bidder was determined. The low bid vendor, New World
Systems, was deemed "Best Value" for Randolph County. Below is a breakdown of New
World's bid.
Vendor:
New World
Software
152,100
Hardware/OS
Other Services
108,000
Total
260,100
1st Yr Maintenance. Costs
27,040
Grand Total
287,140
Mr. Rowland said that the Technology Policy Team unanimously approved this recommendation
on September 15, 2010. Funds are currently available within the Strategic Technology Project
Fund to cover these expenses and any additional hardware and software that may be required as
part of the project.
On motion of Kemp, seconded by Frye, the Board voted unanimously to award the bid to New
World Systems for a central permitting software solution at $287,140 and to authorize the
County Manager to negotiate and sign the contract.
Bid Award for HVAC Renovations at DSS
Aaron Carter said that on November 23, 2010, the Public Works Department received sealed
bids for renovations to the HVAC system at the Department of Social Services (DSS) building,
as follows below. The renovations are a result of recommendations made by Millikan
Engineering and their engineering work that was performed to address needed upgrades and
energy efficiency improvements related to funds received from the Energy Efficiency
Conservation Block Grant.
Contractor
Bid Amount
Alternate 1
Deduction
Alternate 2
Deduction
Net Total Bid
Chapman Mechanical Inc.
$494,000
$12,000
$18,000
$464,000
HM Kern Corp.
$507,600
$15,000
$19,000
$473,600
Superior Mechanical, Inc.
$563,430
$19,960
$26,520
$516,950
Systems Contractors, Inc.
$623,544
$21,886
$27,800
$573,858
American Industrial Contractors
$633,600
$21,800
$26,300
$585,500
After reviewing the bids, the Facilities Committee has recommended that the Board of
Commissioners award a contract to the low bidder, Chapman Mechanical, Inc., in the amount of
$464,000. The committee is also requesting that the contract be signed by the Chairman of the
Board upon receipt of a properly executed contract and all required bonds for the contract.
On motion of Kemp, seconded by Lanier, the Board voted unanimously to award the contract
to Chapman Mechanical, Inc. in the amount of $464, 000 for HVAC renovations at DSS using
Energy Efficiency Conservation Block grant funding, and authorized the Chairman to execute
the contract upon receipt of all required bonds for the contract.
Adoption of Personnel Policies
Stacy Griffin, Human Resources Director, presented three new policies: Employee Personal
Day Policy (effective 1/l/11), Severe Weather and Emergency Conditions Policy (effective
12/7/10), and Employee Identification (ID) Badge Policy (effective 12/7/10), for the Board's
consideration.
On motion of Frye, seconded by Haywood, the Board approved all three policies, as
presented, and as follows:
EMPLOYEE PERSONAL DAYPOLICY (Effective 1/1/11)
(Addition to Personnel Ordinance)
Each regular full time employee receives one(]) personal day each calendar year. Personal days may
be used for sickness (non-FMLA), vacation, adverse weather conditions, etc. Personal days differ from
vacation and/or sick days in the following manner:
Personal days are not accrued. Existing employees receive one (1) personal day at the beginning
of each calendar year. New employees receive one (1) personal day after completing three
months of employment and may also use the personal day within the six month probationary
period.
• The value of a personal day does not exceed eight (8) hours. The value of the personal day will be
prorated for those regular full time employees working 75-99% full time schedules.
• Personal days may not be rolled over from one calendar year to the next. You use it or you lose
it.
• Personal days are not applicable to the same guidelines as vacation and sick leave. Therefore,
any unused personal days or portions of unused days will not be paid out upon termination of
employment, regardless of the notice given, nor can personal days be applied to any retirement
benefits.
• Personal days may not be used for FMLA.
• Personal days may be used in increments, as small as one hour of time.
• Personal days may not be used once an employee has given their termination of employment
notice.
• The continued granting of the personal day is at the discretion of the County Manager and may
be discontinued at any time, with or without notice, if business needs warrant.
SEVERE WEATHER AND EMERGENCY CONDITIONS POLICY (Effective 12/7/10)
(Revision to Personnel Ordinance)
As a local government, the essential services of Randolph County must be provided even during periods
of severe weather or emergency conditions. The County is committed to maintaining full service levels to
the extent possible. However, the County is also committed to maintaining the safety of all citizens and
employees, which may necessitate the need for a delay or closing of County operations during severe
weather or emergency conditions.
When conditions warrant, the County Manager will determine and announce all decisions to delay or
close County operations. If the County manager is unavailable, the Chairman of the Board of County
Commissioners will make the determination.
When the County's schedule is altered, operational status will be available through the following means:
• News media outlets, specifically television channels WFMY2, Fox8 and News 14.
• The Randolph County Manager's phone line at 318-6300 and the Randolph County Government
Information line at 318-6200.
• The Randolph County Home page on the internet at http://www. co. randolph. nc. us. The inclement
weather message will be displayed on the home page at the top of the screen.
An announcement of a delayed opening or closing will be made as early as possible, but no later than
6: 30am. If severe weather or emergency conditions develop during the day, employees will be notified
of closings through normal supervisory means. If no message is displayed on the television channels,
county website or phone line, then the County is operating under normal operating hours.
Reporting For Work
All employees are expected to make the necessary advanced preparations and be prepared to report each
scheduled workday.
Essential Employees are expected to report for work on their regular schedule despite any
closing, delay, or cancellation. Generally these employees hold positions designated as "required
for the essential operations of the County. " Essential County operations are designated as but
not limited to: Sheriff's Office and Jail, Emergency Services, Maintenance and other
departmental personnel necessary for snow removal operations.
Non -Essential Employees whose presence is not generally required for the essential operations
of the County are excused from reporting during an official delay or closing unless they are
notified by an appropriate supervisor that they must report for work to support the necessary
operations of County Government despite the closing or delay of other activities or services. Such
determinations and notifications are made on a situation -specific basis. Employees are
responsible for ensuring they can be reached via valid contact information.
Please note that all employees are subject to becoming "essential employees" in the event
of an extreme major emergency or disaster in order to assist with emergency management work
such as handling calls, general office work in the Emergency Operations Center, assisting in the
central receiving/distribution center, assisting at shelters, and any other such duties as defined by
Emergency Services.
Compensation and Record Keeping
For the purposes of this policy, the following definitions apply:
1. Delay: All County offices will open at IOam. In the event that a delay must occur beyond IOam,
then the exact time to report will be listed and recorded on the locations outlined above.
Otherwise, if the message simply indicates that "Randolph County is operating on a delay", we
will open at IOam.
2. Closing: All County Offices will be closed for the day. A day is defined as no more than eight
hours. However, for employees working less than an eight-hour day, only the standard schedule
typically worked for the closing day will be paid.
Essential Employees who are required to report to work during a period of severe weather or
emergency conditions will receive their base rate of pay. FLSA overtime rules apply. Overtime
is typically compensated as compensatory time and requires the approval of the employee's
department director prior to being worked. Only the County Manager may approve employees to
be paid monetary compensation rather than compensatory time for overtime hours worked during
a severe weather or emergency event.
Non -Essential Employees will not forfeit pay for work hours missed due to an official delay,
early closing or one day closing nor will they be required to make up the work time or use
compensatory, sick, vacation or personal leave for such delays or closings. Conversely, if an
employee arrives at the normal operating time or stays later when there is an early closing, no
hours will be "credited" back to the employee's compensatory, sick or vacation bank. When Non -
Essential Employees report for work to support the necessary operations of County Government
during a period of severe weather or emergency conditions for which there is an official delay or
closing, they will receive their base rate of pay. FLSA overtime rules apply. Overtime is typically
compensated as compensatory time and requires the approval of the employee's department
director prior to being worked. Only the County Manager may approve employees to be paid
monetary compensation rather than compensatory time for overtime hours worked during a
severe weather or emergency event.
Employees whose shifts or assignments are not affected by the official closing or delay will receive their
normal compensation for work performed. Employees on vacation, out sick or on any kind of leave
during an official delay or closing will not receive a reimbursement of hours for the delay or closing.
Payment for Multiple Day Closings
In the event that a severe weather or emergency event should lead to the closing of County operations for
more than one business day, employees must use compensatory, sick or vacation time for the closings.
Only the first day of an event will be fully compensated by the County.
Should you have an exempt employee who does not have enough vacation, personal or sick leave to cover
the severe weather or emergency event, contact the Human Resources Director for guidance on wage
payment for this employee.
Absences During Severe Weather or Emergency Events when the County is Operating Under a Normal
Work Schedule
Employees who do not report to work when County departments and agencies are operating under a
normal work schedule or on a delay must account for the absence by using compensatory time off,
vacation leave, personal leave or sick leave for all days/hours taken. When the County implements an
official delay, employees are required to provide notice of an absence from work to his/her supervisor no
later than 10:30am. If your department enforces a stricter notification policy, you must follow your
departmental policy on absence notification.
The County acknowledges that some departments may allow employees to work a flexible schedule.
However, when the County is operating on a delayed opening, all flexible scheduling is suspended. Non-
essential employees shall report for work during the hours designated by the County Manager.
If an employee desires to leave work early due to inclement weather conditions, approval must be
obtained from the supervisor prior to leaving. The employee must account for the hours not worked by
using compensatory time, vacation, personal or sick leave.
EMPLOYEE BADGING POLICY (Effective 12/7/10)
(Addition to Personnel Ordinance)
Randolph County recognizes the need to provide proper identification for its employees and other
individuals that represent the County to the public. The following guidelines have been established in
regard to the administration of the Identification Badge Program in order to provide uniformity among
County employees and representatives. This identification badge will be for identification purposes only
and will not allow entrance into controlled facilities. All Randolph County Government employees are
required to wear badges at all times while conducting business on behalf of Randolph County
Government. The Randolph County Identification Badge Program is administered and maintained
through the Randolph County Human Resources Department.
L PROCEDURES
All Randolph County employees, including full time, part time, volunteers and project (temporary)
employees will be issued picture identification badges. All employees with the office of the Register of
Deeds will be included in this policy. The Sheriff of Randolph County will designate those employees
within his department that will be included in this policy. Requests for picture identification badges for
other individuals must be approved by the Human Resources Director and Department Head.
Human Resources can also issue non -county employee identification badges to departments with
contractual workers or volunteers. Department Heads will be responsible for notifying Human Resources
of the need for such badges. Department Heads will also be responsible for tracking the usage and return
of all such badges issued to their respective departments. These badges will clearly indicate contractor or
volunteer status and are to be issued as needed and returned upon completion of the assignment. Human
Resources will be available to make these badges each Friday afternoon from 2pm-4pm.
IL BADGE LOGO AND DESIGN
All identification badges have a consistent logo and format design. The design and format are the
property ofRandolph County and may not be reproduced.
IIL BADGE CONTENT
A. Name: All badges will include the individual's first and last name as listed on the payroll logs,
unless specifically approved by the Human Resources Director and Department Head.
B. Title: Position titles will be included on badges for all employees.
C. Department: The name of the employee's department will appear on the badge.
D. Credentials: Credentials will be included on badges only for employees in high public contact
positions (i.e. R.N.) and as required by law.
IV. ISSUING IDENTIFICATION BADGES AND REPLACEMENTS
The Randolph County Human Resources Department will issue all Randolph County Government
identification badges. The initial issuing of badges includes the following items:
A. Badge
B. Clear Plastic Cover
C. Basic Badge Clip
Initial Badges: After the initial county -wide issuance of badges, new employees will receive badges
at the benefit enrollment session occurring on their first day of employment. The new employees will
be required to complete and sign the Identification Badge Acknowledgement Form. The
Identification Badge Acknowledgement Form will be kept on file in the Human Resources
Department. Human Resources will also be available to make badges for any new employees (not
attending the benefits session... part-time, etc) each Friday afternoon from 2pm-4pm. The Human
Resources Department will maintain the identification badge database.
2. Replacement Badges: Human Resources will issue replacement identification badges using the
existing database information. Upon request, replacements will be issued by Human Resources each
Friday afternoon from 2pm-4pm. If an employee requires a replacement card due to his/her own
negligence or need (lost, damaged, want a new photo, etc), he/she must complete the Identification
(ID) Badge Replacement Request Form before a replacement badge will be issued. Identification
badges will be replaced at a cost of $15. 00 to the employee. The $15 replacement fee will be
deducted from the employee's paycheck. Replacements will be issued free of charge for employees
that transfer from one department to another. The Identification (ID) Badge Replacement Request
Form will be kept on file in the Human Resources Department.
V. DISPLAYINGIDENTIFICATIONBADGES
Identification Badges are to be worn at all times while on County property and when conducting
official County business. All badges are to be displayed at waist level or above, facing forward in
plain view and not obstructed by clothing. Badges hanging or clipped below the waist are not
acceptable. Should an employee wish to obtain a lanyard or alternative clip other than the standard
clip and clear badge holder distributed by Human Resources, these additional items will be obtained
at the employee's own expense and must receive approval from the employee's Department Head
prior to usage.
VI. CARE AND USE OF IDENTIFICA TION BAD GES
A. Employees are individually responsible for their assigned Identification Badges. If lost or
damaged due to the fault of the employee, the employee will be responsible for the replacement
badge.
B. If an Identification Badge is lost or damaged, the employee should notify the Human Resources
Department at 318-6600 within forty-eight (48) hours. With the exception of an extreme
emergency, replacements will be issued by Human Resources each Friday afternoon from 2pm-
4pm. In the case of an emergency, the employee must call Human Resources to make an
appointment to make a replacement badge.
C. Employees shall not allow any other individual to use their identification badge. Such action may
result in disciplinary action as determined by the Human Resources Director and Department
Head.
D. Identification Badges remain the property of Randolph County and must be returned to the
Human Resources Department upon separation from the County.
E. Badges shall not be altered or defaced in any way.
Election of Voting Delegate for Legislative Goals Conference
On motion of Haywood, seconded by Kemp, the Board voted unanimously to elect
Commissioner Frye as the voting delegate for the NCACC Legislative Goals Conference in
January.
Special Meeting Date Set for South Wake Regional Landfill Tour
On motion of Frye, seconded by Kemp, the Board voted unanimously to set December 29 as
a special meeting date for a tour of the South Wake Regional Landfill.
Adjournment
At 5:40 p.m., on motion of Frye, seconded by Kemp, there being no further business, the
meeting adjourned.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Stan Haywood
Cheryl Ivey, Clerk to the Board