Agenda - 06-01-2010 - 6a - Laserfiche WebLink

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56 304 305 Brian Crawford: Just this isolated area,whether to include it or not? Let's go by a hand raise. In our recommendation to our 306 Board of County Commissioners—this isolated area,whether to include it as part of the critical watershed or leave it excluded 307 where because of the new definitions that will be left out. 308 309 Craig Benedict: Include is to leave it in the critical area where it has been since 1994 and the opposite will be whoever did not 310 raise their hand. 311 312 Brian Crawford: That is right. That is 4—3. 313 314 Jeffrey Schmitt: However this goes, I would request that this board define to the Board of County Commissioners why we think 315 we need to violate these people's properry rights putting this in under the new definitions which we have already agreed to. We 316 have that obligation so somebody has to do that. 317 318 Mark Marcoplos: I will explain why I voted the way I did. When I look at our drinking water and the many thousands of people in 319 Hillsborough and that will come and will rely on this watershed and think about the fact we really don't exactly know how the 320 hydrology works and I balance the need for the people of Hillsborough with these rights of these properry owners to build a 321 couple of buildings on that property, to me to gambie with water quality for the rights of a person or two is a bad gamble, it 322 doesn't make any sense whatsoever. 323 324 Jeffrey Schmitt: I don't think this is a gamble,Hilisborough purifies,filters,filtrates,hydrates,their water so it is safe for people to 325 drink. 326 327 Larry Wright: First, I am kind of insulted by the fact that my vote takes away people's properry rights when Mr. Benedict said 328 right here that the density would probably not change because of perk conditions. I strongly believe that surface water and 329 hydrology are connected. Studies show that. I am not sitting here representing just current residents of Orange County. I am 330 here representing future generations of Orange County that want clean water to drink. All water flows out, no water flows in. I, 331 again,am insulted by the fact that my vote is taking away rights of property owners. My vote is made to improve the qualiry of 332 residents of Orange County for generations to come. 333 334 Samantha Cabe: I want to clarify that from my legal mind that the problem I have with not including this donut hole is that for 335 whatever reason,when these definitions were applied,it was not within those definitions. If we wanted to change the definition 336 of the critical area to say this area is critical then I think there is an argument that the pubiic interest weighs over the property 337 owner's right but because we have this document, whatever flaws there might be or whatever research there might be about 338 water quality,for whatever reason,the definitions that were decided to be applied did not cover this little area and from a legal 339 perspective my mind goes there,then what we are saying is that when applied the definitions that define this critical area,this 340 area is not included so I see,down the road,that these property or future properry owners,if they want to do something beyond 341 the densiry of the critical area, I think they have a case to come back and say that if you appiy the definitions that create this 342 critical area,my properry is not in it so why are you limiting me. 343 344 Craig Benedict: I have a solution for the legal is to change the definition and have the half mile including the hydrologic 345 connections between streams that are within that half mile. Any water underground in a fuil basin will flow over that reservoir so 346 we can say within a half mile of that reservoir that is what the buffer will be excluding any sub-basin ridges. If the half mile is 347 over here and water is flowing to the Little River then that doesn't apply. The water on this side of the ridge has a harder time of 348 being hydrologically connected to this reservoir but in the sub-basin waters do flow in the Upper Eno and that is a known 349 geological fact that these sub-basins are interconnected. 350 351 Brian Crawford: Would that change affect the entire drawing of the critical area? 352 353 Craig Benedict: Just this section here. 354 355 Perdita Hoitz: Another solution would be to change the wording to say isolated areas within the critical area boundary that drain 356 into the West or East Fork of the Eno River and on map 2.3 you can see the isolated area is immediately adjacent to the red and 357 green areas and clearly drains into the West and East Forks of the Eno. 358 359 Craig Benedict: That is how the whole donut was created by protecting the two streams to the south. We used this sub-basin 360 because of the way it flows. When we protected the north end, these borders do not flow into those reservoirs, we used that 361 sub-basin language. From a hydrological standpoint and creating some sort of legal public interest,if you said waters within sub- 362 basins are connected hydrologically and go with that one half mile distance of these Class 2 reservoirs that would give rationale 363 to include that full half mile area. 364