(A) This Section 14.6 shall apply to activities conducted within, or outside of with hydrologic impacts in violation of the diffuse flow requirements set out in Section 14.6.2(C)(1)(c), the following basins/watershed as designated on the most recent officially adopted version of maps maintained by the North Carolina Environmental Management Commission:
(1) Cape Fear Basin/Jordan Watershed
(a) A one hundred (100) foot wide buffer directly adjacent to all surface waters (intermittent streams, perennial streams, lakes, reservoirs, and ponds) as approximately indicated on the most recent version of the 1:24,000 scale {seven and one-half (7.5) minute} quadrangle topographic maps prepared by the United States Geological Survey (USGS).
(b) A fifty (50) foot wide buffer approximately adjacent to any surface waters (intermittent streams, perennial streams, lakes, reservoirs and ponds) shown on the most recent version of the Soil Survey of Wake or Chatham or Durham County, North Carolina prepared by the Natural Resources Conservation Service of the United States Department of Agriculture and not shown on a USGS quadrangle topographic map, or shown on a map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission pursuant to 15A NCAC.0267.
(2) Neuse River Basin
(a) A fifty foot (50') wide buffer beginning at the landward boundary of any Neuse River Riparian Buffer mandated by regulations adopted by the Environmental Management Commission of the State of North Carolina and established adjacent to surface waters (intermittent streams, perennial streams, lakes, reservoirs and ponds) as approximately indicated on the most recent version of the 1:24,000 scale {seven and one-half (7.5) minute} quadrangle topographic maps prepared by the United States Geological Survey (USGS).
(3) Wetlands adjacent to surface waters or within fifty (50) feet of surface waters shall be considered as part of the UTB but are regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15 NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
(B) General UTBs are applied to specific properties as follows:
(1) Where the specific origination point of a stream regulated under subsection (A)(1) is in question upon request of the NC Division of Water Resources ("Division") or another party, Cary shall make an on-site determination. Cary representative who has the training required by 15A NCAC 02B .0267 shall establish that point using the methods described by 15A NCAC 02B .0267. Any disputes over said on-site determinations shall be referred to the Director of the Division of Water Resources 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. Chapter 150B.
(2) When a landowner or other affected party including the Division believes that the maps referenced in subsection (A)(1) have inaccurately depicted surface waters, he or she shall consult Cary. Upon request the Cary representative who has the training required by 15A NCAC 02B .0267 shall make an on-site determination. Any disputes over said on-site determination shall be referred to the Director of the Division of Water Resources c/o the 401 Oversight Express Permitting Unit or its successor, in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. Chapter 150B. Surface waters that appear on maps shall not be subject to these requirements if a site evaluation reveals any of the following cases:
(a) Man-made ponds and lakes that are not part of the natural drainage way that is classified in accordance with 15A NCAC 2B .0100 including ponds and lakes created for animal watering, irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream).
(b) Ephemeral streams
(c) The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir, or pond.
(d) Ditches or other man-made water conveyances, other than modified streams.
(C) General UTBs shall have zones as follows:
General UTBs may have as many as three (3) regulatory zones. The purpose of the different regulatory zones is to provide transition within General UTBs from the most fragile areas to less fragile areas and to provide some flexibility to Cary in administering of the UTBs. The regulatory zones shall be:
(1) Cape Fear River Basin/Jordan Watershed
(a) UTBs established pursuant to Section 14.6.2(A)(1)(a) shall have three (3) zones:
1. Zone One shall consist of a stable, vegetated area that is undisturbed except for uses provided in subsection 14.6.5 and Table 14.6-2. The locations of Zone One shall be as follows: For intermittent and perennial streams, Zone One shall begin at the top of bank and extend landward a distance of thirty (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. 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 thirty (30) feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided in subsection 14.6.5 and Table 14.6-2. Zone Two shall begin at the outer edge of Zone One and extend landward twenty (20) feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two shall be fifty (50) feet on all sides of the surface water.
3. Zone Three shall consist of a stable, vegetated area that is undisturbed except for uses provided for in subsection 14.6.5 and Table 14.6-2. Zone Three shall begin at the outer edge of Zone Two and extend landward fifty (50) feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One, Two and Three shall be one hundred (100) feet on all sides of the surface water.
(b) UTBs established pursuant to Section 14.6.2(A)(1)(b) shall have two (2) zones:
1. Zone One shall consist of a stable, vegetated area that is undisturbed except for uses provided in subsection 14.6.5 and Table 14.6-2. The locations of Zone One shall be as follows: For intermittent and perennial streams, Zone One shall begin at the top of bank and extend landward a distance of thirty (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. 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 thirty (30) feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided in subsection 14.6.5 and Table 14.6-2. 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 twenty (20) feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two shall be fifty (50) feet on all sides of the surface water.
(c) Diffuse Flow Requirement: Diffuse flow of runoff shall be maintained in the UTBs established pursuant to Section 14.6.2(A) by dispersing concentrated flow prior to its entry into the UTB and reestablishing vegetation as follows:
1. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff enters the UTB.
2. Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of gullies; and
3. No new stormwater conveyances are allowed through the UTBs except for those specified in subsection 14.6.5 and Table 14.6-2 addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances.
(2) Neuse River Basin
General UTBs established pursuant to Section 14.6.2(A)(2) shall have one (1) zone: Zone Three. Zone Three shall consist of a stable, vegetated area that is undisturbed except for uses provided for in subsection 14.6.5 and Table 14.6-2. Zone Three shall begin at the outer edge of the Neuse Riparian Buffer and extend landward fifty (50) feet as measured horizontally on a line perpendicular to the surface water. The combined width of the Neuse Riparian Buffer and Zone Three shall be one hundred (100) feet on all sides of the surface water.