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A. When a property is divided by one or more of the arcs representing the one half-mile, the one-mile, or the five-mile distance from the reservoir, or by the ridgeline that defines the water supply reservoir, a request can be submitted for an interpretation of the Watershed Overlay boundary through the City-County Planning Department. The request can be submitted by any individual and shall include sufficient information to enable the Planning Director to make a recommendation to the governing body and NC Environmental Management Commission (EMC), as appropriate.

B. For all requests, the Planning Director will evaluate the request and will seek approval from the appropriate governing body for submission to the NC Environmental Management Commission (EMC). Upon such approval, the Planning Director will submit the proposed Watershed Overlay boundary change to the EMC, in accordance with 15A NCAC 02B .0104(o). Upon approval by the EMC, the Planning Director will complete the interpretation and modify the Watershed Overlay boundary in accordance with the interpretation. All such changes shall be shown on the Official Zoning Map and the Watershed Overlays Parcels Map, which shall be maintained by the Planning Department.

Commentary: The NC Administrative Code, in Rule 15A NCAC 02B .0104(o), states that all revisions (expansions and deletions) to the Environmental Management Commission (EMC) adopted critical and protected area boundaries or to the local government’s interpreted critical and protected area boundaries must be approved by the EMC prior to adoption by the local government.

C. The Planning Director, or designee, shall interpolate the general boundary as shown on the Watershed Overlays Parcels Map, but may vary it to exclude lots of one-half acre or less in a proposed subdivision. In addition, the Planning Director, or designee, may use identifiable physical features, such as roads, streams or easements, as boundaries if they approximately coincide with the interpolated general Overlay boundary. All such changes shall be shown on the Development Tier Map, the Official Zoning Map, and the Watershed Overlays Parcels Map, which shall be maintained by the Planning Department.