8.5.6 Maps and On-Site Determinations

All of the following maps shall be used to identify surface water subject to the requirements of this section:

1. The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture, which means the most recent hard copy paper bound map or CD-ROM or PDF of such map; and

2. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the United States Geologic Survey (USGS); and

3. Outside of the Neuse River Basin, any map approved by the Geographic Information Coordinating Council, the North Carolina Environmental Management Commission and both governing bodies as more accurate than the maps listed in paragraphs 1 and 2 above. However, such map shall not be used for buffer delineation on projects that are existing and ongoing under paragraph 8.5.7, Existing Use Exemption.

Surface water shall be deemed present if it is at least approximately shown on any map. If any surface water is depicted differently on different maps, the most restrictive depiction shall apply.

A landowner or other affected party who believes that surface water is inaccurately depicted shall consult the North Carolina Division of Water Resources (Division) and may request an on-site determination by the Division.

a. The Division or another party may request an on-site determination by the City or County as appropriate of the specific origination point of a stream where it is in question.

b. A landowner or other affected party, including the Division, who believes that one or more maps inaccurately depict, or omit based on site-specific evidence, surface water shall consult the City or County as appropriate and may request an on-site determination by the City or County.

c. When an on-site determination is requested, a City or County representative, or other party authorized or accepted by the City or County, 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 make the on-site determination following submission of any fees, information or documents required by the City or County. An origination point shall be established using the latest version of the Division publication, Identification Methods for the Origins of .

d. A City or County representative, or other party authorized or accepted by the City or County, who has successfully completed the training required above may also make either type of on-site determination absent an outside consultation or request.

e. An on-site determination shall be valid for five years from the date of the determination unless specified otherwise therein.

3. Surface water shown on a map shall be exempt from Sec. 8.5, Riparian Buffer Protection Standards, if it is determined on site to be: (1) a manmade pond or lake located outside of a natural drainage way, meaning the pond or lake is not fed by directly nor indirectly, and has no direct nor indirect discharge to, an intermittent or perennial stream; (2) an ephemeral stream; (3) not present on the ground, except for any stream gap of 300 feet or less; or (4) a ditch or other manmade conveyance other than a modified natural stream unless constructed for navigation or boat access.

4. Surface water not shown on a map shall be governed by Sec. 8.5, Riparian Buffer Protection Standards, if it is determined on site to be: (1) a lake, pond, or impoundment located in a natural drainage way, meaning the lake, pond, or impoundment is fed by and discharges to an intermittent or perennial stream; (2) a perennial stream, including any gap of 300 feet or less; (3) an intermittent stream, including any gap of 300 feet or less; or (4) a modified natural stream, including any gap of 300 feet or less.

Commentary: A lake, pond, or impoundment of a jurisdictional water does not lose its jurisdictional status if it contributes surface water flow to a downstream jurisdictional water in a typical year through a channelized nonjurisdictional surface water feature, through a culvert, dike, spillway, or similar artificial feature, or through a debris pile, boulder field, or similar natural feature.

5. Despite the provisions of Section 2.4, Board of Adjustment, any dispute shall be referred to the Division Director c/o 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.