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24 <br />will impact the buffer for both. activities that would need a development pem~it, as well as <br />activities that currently do not (such as clearing, other activities currently considered <br />"maintenance" that affect the buffer). Enforcement would have to include the collection of <br />data on location of different buffer cover types and monitoring to ensure that forested <br />buffers are not impacted and the footprints of uses in buffers did not increase. No costs <br />are included far the extensive education that will be required for landowners, developers, <br />engineers, surveyors, real estate agents, and attorneys. <br />14. The Fiscal Analysis asserts that the NPDES Phase 2 requirements include a 30-foot <br />setback for impervious surfaces for all perennial and intermittent streams (pg. 78) and that <br />therefore the additional costs associated with the Jordan requirements for the protection of <br />existing riparian buffers are minimal. The NPDES requirements state that "built-upon <br />areas are at least 30 feet landward of perennial and intermittent surface waters.° The <br />NPDES requirement does not prohibit the disturbance (e.g., clearing and grading) within <br />the 30 foot setback and it should not be interpreted as affording the same protection as a <br />buffer protection requirement. <br />15. The Fiscal Analysis assumes landowners would likely take steps to revegetate cleared <br />riparian areas in existing developments regardless of the rule's requirement (pg. 81), and <br />therefore pose no new costs. VKe have found that most landowners are usually only willing <br />to revegetate to lawn. Even those with interest to reforest #heir riparian areas will require <br />guidance, and possibly assistance, from local governments. <br />16. Costs for mitigating riparian buffer impacts are supposedly rolled into those for riparian <br />buffer protection {pg. 100), but any costs for administering this program are not explicitly <br />mentioned in the cost estimates for riparian buffer protection. In the experience of staff, <br />costs associated with plan review, inspection, recordkeeping, and ensuring maintenance, <br />even for restoration projects not undertaken by the Town, are sign cant. <br />Page 9 of 9 <br />